Subsidies in a Year my Error if it were one was pardonable So we parted I went to my Lord Duke and acquainted him with it lest I might have ill Offices done me for it to the King and the Prince Sic Deus beet me servum suum laborantem sub pressurà eorum qui semper voluerunt mala mihi So may God bless me his Servant labouring under the pressure of them who alway wished ill to me April 16. Friday My Conference with Fisher the Jesuit Printed came forth April 18. Sunday I Preached at Paul's Cross. April 27. Tuesday My very good Friend Dr. Linsell cut for the Stone Circiter horam nonam ante Meridiem About Nine a Clock in the Forenoon May 1. Saturday E. B. Marryed The Sign in Pisces May 5. Wednesday Ascension-Eve The King's Speech in the Banquetting House at Whitehall to the upper House of Parliament concerning the Hearing of the Lord Treasurer's Cause which was to begin the Friday following This day my Lord Duke of Buckingham came to Town with his Majesty Sick And continued Ill till Saturday May 22. May 13. Thursday Lionel Earl of Middlesex Lord Treasurer of England and Master of the Wards Censured in Parliament for Bribery and Extortion and Deceiving the King c. To lose his Offices To be ever disinabled to bear any Fined to the King in 50000 l. Imprisoned in the Tower during the King's Pleasure Never to sit again as a Peer in Parliament Not to come within the Verge of the Court. May 15. Saturday Whitson-Eve The Bill passed in Parliament for the King to have York-House in exchange for other Lands This was for the Lord Duke of Buckingham May 16. Whitsunday night I watched with my Lord Duke of Buckingham This was the first Fit that he could be perswaded to take orderly May 18. Tuesday night I watched with my Lord Duke of Buckingham he took this Fit very orderly May 19. Wednesday The Bishop of Norwich Samuel Harsnet was presented by the House of Commons to the Lords His Cause was referred by the House to my Lord's Grace of Canterbury and the High Commission May 22. Saturday My Lord Duke of Buckingham missed his Fit May 26. Wednesday He went with his Majesty to Greenwich May 28. Friday E. B. came to London He had not leisure to speak with me though I sent and offered to wait all opportunities till June 16 being Wednesday May 29. Saturday The first Session of Parliament ended And the Prorogation was to the Second of November June 6. Second Sunday after Trinity I Preached at Westminster June 8. Tuesday I went to New-Hall to my Lord Duke of Buckingham and came back to London on Friday June 11. June 16. Wednesday I took my lasting leave of E. B. The great dry Summer My Dream June 4. Wednesday night 1623. In this Dream was all contained that followed in the carriage of E. B. towards me and that Night R. B. Sickned to the Death May 29. Saturday night 1624. I was marvellously troubled with E. B. before they came to London That there was much declining to speak with me but yet at last I had Conference and took my lasting leave And this so fell out Respice ad Maij 28. See May 28. July 7. Wednesday night My Lord of Durham's quarrel about the trifling business of Fr. N. July 23. Friday I went to lye and keep House and Preach at my Livings held in Commendam Creek and Ibstock That Friday night at St. Albans I gave R. R. my Servant his first Interest in my Businesses of moment July 27. This I confirmed unto him the Wednesday Morning following at Stanford August 7. Saturday while I was at Long Whatton with my Brother my passion by Blood and my fear of a Stone in my Bladder August 8. Sunday I went and Preached at my Parsonage at Ibstock and set things in order there August 26. Thursday My Horse trod on my foot and lamed me which stayed me in the Country a week longer than I intended Septemb. 7. Tuesday I came to London Septemb 9. Thursday My Lord of Buckingham consulted with me about a Man that offered him a strange way of Cure for himself and his Brother At that time I delivered his Grace the Copies of the two little Books which he desired me to write out Septemb. 16. Thursday Prince Charles his grievous fall which he had in Hunting Septemb. 25. Saturday My Lord Duke's proposal about an Army and the Means and whether Sutton's Hospital might not c. Octob. 2. Saturday In the Evening at Mr. Windebanks my Ancient Servant Adam Torless fell into a Swoon and we had much ado to recover him but I thank God we did Octob. 10. Sunday I fell at Night in Passionem Iliacam which had almost put me into a Fever I continued ill fourteen days Octob. 13. Wednesday I delivered up my Answer about Sutton's Hospital Novemb. 21. Sunday I Preached at Westminster Decemb. 6. Munday There was a Referment made from his Majesty to my Lord's Grace of Canterbury My Lords of Durham and Rochester and my self to Hear and Order a Matter of Difference in the Church of Hereford concerning a Residentiaryship and the Lecturer's place which we that day Ordered Decemb. 13. Munday I received Letters from Brecknock that the Salt-Peter Man was dead and buried the Sunday before the Messenger came This Salt-Peter Man had digged in the Colledge-Church for his work bearing too bold upon his Commission The News of it came to me to London about Novemb. 26. I went to my Lord Keeper and had a Messenger sent to bring him up to answer that Sacrilegious abuse He prevented his punishment by Death Decemb. 21. Tuesday Fest. Sancti Thomae Mr. Crumpton had set out a Book called St Augustins Summe His Majesty found fault with divers passages in it He was put to recall some things in Writing He had Dedicated this Book to my Lord Duke of Buckingham My Lord sent him to me to overlook the Articles in which he had recalled and explained himself that I might see whether it were well done and fit to shew the King This day Mr Crumpton brought his Papers to me Decemb. 23. Thursday I delivered these Papers back to Mr. Crumpton The same day at York-House I gave my Lord Duke of Buckingham my Answer what I thought of these Papers The same day I delivered my Lord a little Tract about Doctrinal Puritaenism in some Ten Heads which his Grace had spoken to me that I would draw for him that he might be acquainted with them Decemb. 31. Friday His Majesty sent for me and delivered unto me Mr. Crumpton's Papers the second time after I had read them over to himself and commanded me to correct them as they might pass in the Doctrin of the Church of England Januar. 3. Munday I had made ready these Papers and waited upon my Lord Duke of Buckingham with them and he brought me to the King There I was about an hour and a
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
reduce them to the Heresies in Doctrine the Superstition and Idolatry in Worship and the Tyranny in Government which are in that See and for which the Reformed Kirks did separate from it and came forth of Babel From him certainly hath issued all this Deluge which almost hath overturned all What not the Pope himself now surely he could do little then For as I told you in the very last Passage I never intended more to the Reformed Churches than to wish them in Doctrine and Discipline like the Church of England And I hope that was neither to Negotiate for Rome nor to reduce them to Heresie in Doctrine nor to Superstition and Idolatry in Worship no nor to Tyranny in Government All which are here most wrongfully imputed to me And this comparing of me with the Pope himself I could bear with more ease had I not Written more against Popish Superstition than any Presbyter in Scotland hath done And for my part I wou'd be contented to lay down my Life to Morrow upon Condition the Pope and Church of Rome would admit and confirm that Service-Book which hath been here so eagerly charged against me For were that done it would give a greater blow to Popery which is but the Corruption of the Church of Rome than any hath yet been given And that they know full well And whereas they say that for these things the Reformed Churches did separate from it and came forth of Babel That is true that they did separate and for these things But not till for the maintaining of the contrary to these things they were Excommunicated and Thrust out Then indeed they separated but not till they were forced by a double necessity of Truth from which they might not depart and of that Punishment which would not suffer them to enter And yet the Reformed Churches all and every of them had need look well to themselves For if they came out of Babel to run down into Egypt they 'll get little by the Bargain Now they end in Confidence We are therefore confident that your Lordships this they speak to the English Commissioners who were to deliver this their Charge against me into the Lords House will by your means deal effectually with the Parliament that this great Fire-brand may be presently removed from his Majesties Presence and that he may be put to Tryal and have his deserved Censure according to the Laws of the Kingdom Which shall be good Service to God Honour to the King and Parliament Terror to the Wicked and Comfort to all good Men and to us in special who by his means principally have been put to so many and grievous Afflictions wherein we had Perished if God had not been with us Decemb. 14. 1640. Ad. Blayer They were and they might well be confident upon their Lordships For all or some chief of that Committee were in league with them And some of them the principal Men which brought the Scots in to have their ends upon the King And they did deal effectually with the Parliament For as appears by the Date this Charge was delivered to the English Commissioners Decemb. 14. It was Read in the upper House and transmitted to the House of Commons and such haste made of it there that they though they had no Articles drawn yet came up in haste and accused me to the Lords of High Treason desiring my Commitment and Promising the bringing up of their Articles and Proof against me in convenient time So upon this Accusation only I was upon Decemb. 18. committed to Mr. James Maxwell the Officer of the House and so removed from his Majesty's Presence which was the great aim against me For they conceiv'd I wou'd speak my Conscience if I came near him And they could not with any Colour of Justice take me from him but by an Accusation of High Treason of which I would not for all the World be as Guilty as some of them are which Accused me This was their desire for my Commitment Their next desire was That I might be brought to Tryal and receive my Censure according to the Laws And this hath been and yet is my desire as well as theirs For I long for nothing more than a Tryal and I can fear no Censure that is according to Law and am as free from the Breach of any Law that can make me guilty of Treason as I was when my Mother bare me into the World And when I was thus far on upon my Answer I had remained at Mr. Maxwell's and in the Tower Eleven Months so many it was when I writ this But before I came to my Hearing I had been Thirteen Months in Prison and neither brought to Tryal no nor so much as a Particular Charge brought up against me that I might prepare for an Answer in so heavy a Business And I am somewhat farther of my Accusers Mind That to bring me to a just Tryal according to Law would be good Service to God Honour to the King and the Parliament who cannot but suffer in the Judgment of Moderate Men for laying a Man of my Place and Calling so long in Prison a thing without all Precedent and yet charging me with no particular Nay and I think in a good Sense too it would be a Terrour to the Wicked to see an Innocent Man brought to such a Tryal Yea and yet a Comfort to all Good Men too when they see that an Innocent Man shall not be let lye and languish to Death in Prison which may be my Case for ought I see but that in some time they may hope for Tryal Yea and to them the Scots in special For this Bold and most true Word I 'll speak The Scottish Nation in general the City of Edinburgh in special and very many particular Men of good Worth and some Men of Honour besides Clergy-men of all sorts during the time I had Interest in Court have been more beholding to me than to any ten English Subjects of what rank and condition soever And this his Majesty knows and I dare say will Witness And for their present Afflictions which they speak of the Current of this Discourse will shew to the indifferent Reader what a Principal means I have been of them In the mean time I little deserved from them the Name of This great Firebrand for many of them have warmed themselves at me but yet I never Fired any of them Nor can I make any doubt but that God will deliver me out of the midst of this Fire which he knows I kindled not Howsoever letthem take heed for as sure as they now make themselves in the Conjuncture of a great Party in which one Wave seconds and keeps up another yet though these Waves of the Sea are mighty and rage horribly the Lord that dwelleth on High is Mightier And under him I rest and I hope shall till their Waves be broken against some Rock or other
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
ever any Man played me But he failed in his hopes and his Petition was cast out of the Lords House to try his Right at Law which was all that was asked by Dr Merricke Yet upon the earnestness of the then Lord Bishop of Lincoln and now Arch-Bishop of York the Lords Sequestred my Jurisdiction and put it into the Hands of my Inferiour Officers and added in the Order that I should dispose of neither Benefice nor any other thing but I should first acquaint them with it The Order follows in haec verba Die Sab. 23. Octob. 1641. IT is Ordered by the Lords in Parliament that the Jurisdiction of the Arch-Bishop of Canterbury shall be Sequestred until he shall be Convicted or Acquitted of the Charge of High Treason against him and the same in the mean time to be Executed by his Inferiour Officers And farther concerning those Ecclesiastical Benefices Promotions or Dignities that are in his disposing he shall present to this House the Names of such Persons as shall be Nominated by him for the same to be Approved of first by this House before they be Collated or Instituted Jo. Browne Cler. Parliam c. For my Jurisdiction I Thank God I never knowingly abused it And of the other Restraint about the giving of my Benefices I cannot but think it very hard in two respects The one is that I should be put to Name to them before I give that which by Law is mine to give In the mean time they cry out of the violation of the Propriety which each Subject hath in his Goods and yet I must not give my own So also they condemn Arbitrary Government and yet press upon me an Arbitrary Order against Law The other is that if in Obedience to this Order I shall Nominate any Man to them be he never so worthy for Life and Learning yet if upon Misinformation or otherwise the House should refuse him I should not only not do him the good I intended but blast him for all the remainder of his Life And whensoever he shall seek for any other Preferment that shall be laid unto him that he was thought unworthy by the High Court of Parliament Yet how to ease my self against this Order I know not This day Novemb. 1. News came to the Parliament of the Rebellion in Ireland The King being then in Scotland where there were Troubles enough also The Irish pretended the Scots Example and hoped they should get their Liberties and the Freedom of their Religion as well as they But that Rebellion is grown fierce and strong and what end that War will have God knows A happy one God of his Mercy send For this Nation is in many difficulties at once and we have drawn them all upon our selves But this belongs not to my Story Only this I shall add which is the Judgment of all Prudent Men that I speak with both of Ireland and England that if the Earl of Strafford had Lived and not been blasted in his Honour and Service no Rebellion had been stirring there And if this be so 't is a soar Account must be given for his Blood If either that Kingdom be upon this occasion quite lost from the Crown of England or not recover'd without great Expence both of Treasure and Blood On Thursday Novemb. 25. the King returning from Scotland entred into London was received with great State and Joy and Sumptuously Entertained This made divers Men think there would have been a Turn in the present Business And what it might have proved if the King would have presently and vigorously set himself to vindicate his own Just Power and leave them their Antient and Just Priviledges is not I think hard to judge But he let it cool and gave that which is truly the Malignant Faction but call others so time to underwork him and bring the City round and all ran then stronger in the same Current than ever it did So God of his Mercy bless all On Thursday Decemb. 30. the Lord Arch-Bishop of York and Eleven other Bishops were sent to the 〈◊〉 for High Treason and two other Bishops Duresme and Coventry and Litchfield to Mr. Maxwell's for setting their Hands to a Petition and delivering of it with a Protestation that this was not a free Parliament since they who had Antient Right there could not come to give their Votes as they ought without danger of their Lives For by this time it was grown common that the Multitude came down in heaps if either the Lords or the King denyed any thing which the House of Commons affected But how it came to pass that these Multitudes should come down in such disorder and yet be sent back and dissolved so easily at a word or beck of some Men let the World judge The Petition and Protestation which the Bishops delivered in was as follows and perchance it was unseasonably delivered and perhaps some Words in it might have been better spared but the Treason and peradventure that 's my Ignorance I cannot find in it The Petition and Protestation of Twelve Bishops for which they were Accused of High-Treason by the House of Commons and Committed by the Lords to the Black-Rod THat whereas the Petitioners are called upon by several and respective Writs under great Penalties to Attend in Parliament and have a clear and indubitable Right to Vote in Bills and all other Matters whatsoever debated in Parliament by the Antient Customs Laws and Statutes of this Realm and are to be protected by your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God your Majesty and the Noble Peers now Assembled in Parliament that as they have an indubitable Right to Sit and Vote in the House of Lords so they if they may be protected from force and violence are most ready and willing to perform that Duty accordingly and that they do abominate all Actions and Opinions tending to Popery or any inclination to the Malignant Party or any other side and Party whatsoever to the which their own Reasons and Consciences shall not adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of People in coming to perform their Service to that Honourable House and lately chased away and put in danger of their Lives and find no Redress or Protection upon sundry Complaints made to both Houses in that particular They likewise protest before your Majesty and that Noble House of Peers that saving to themselves all their Rights and Interests of Sitting and Voting in your House at other times they dare not sit to Vote in the House of Peers unless your Majesty shall further secure them from all Affronts Indignities and Danger in the Premises Lastly whereas their fears are not built upon Fancies and Conceipts but upon such Grounds and Objects as may well
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
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
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
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
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
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
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
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
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
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
to know more of the Secret History of the Transactions preceeding and accompanying the Grand Rebellion than the whole 〈◊〉 besides who hath confidently Related that when the Earl of Strafford enter'd into the Service of King Charles I. and began to be employed as Chief Minister of State he covenanted with him that no Session of Parliament should be called or held during his Ministry Now the 〈◊〉 of this Report appears from what the Arch-Bishop hath wrote in his Diary at Dec. 5. 1639. that the first movers for calling a Parliament at that time were the Earl of Strafford and himself Nothing also can reflect more Honour upon the Memory of any Person that what the Arch-Bishop in the following History cap. 9. relateth of the Earl's rejecting the unworthy Proposition made to him by Mr. Denzell Hollis in the Name of the Leading Men of the House of Commons a matter wholly unknown before But to proceed with Prynne soon after the Martyrdom of the Arch-Bishop whether prompted by his unwearied Malice or by his eternal itch of scribling or incited by the Order of the House of Commons made March 4. 1644 5. desiring him to Print and Publish all the Proceedings concerning the Arch-Bishop of Canterbury's Trial He immediately set himself to Defame the Arch-Bishop and justifie the Proceedings of the Rebel Parliament against him more at large To which purpose he Published in 1646. in 66 Sheets in Folio his Necessary Introduction to the History of the Arch-Bishop of Canterbury his Trial Which in the Preface he calleth A New Discovery of sundry Plots and hidden Works of Darkness Containing bitter Invectives and Accusations against the whole Proceedings of the Court from the time of the Treaty about the Spanish Match to that day and labouring to prove that both King James and Charles designed to overthrow the 〈◊〉 Religion and to introduce Popery using Arch-Bishop Laud as their chief Instrument in that bad Design An Accusation which neither himself nor any other Man in his Wits ever believed Soon after this in the same Year 1646. was Published by the same Author Canterbury's Doom or the First Part of a compleat History of the Trial of the Arch-Bishop in 145 Sheets in Folio containing as himself acknowledgeth only the History of the Preliminaries of the Trial till the commencement of it together with the Commons Evidence his Answers to it and their Replies upon him in maintenance of the first general Branch of their Charge of High Treason against him to wit his Trayterous endeavours to alter and subvert God's True Religion by Law Established among us to introduce Popery and to reconcile the Church of England to the Church of Rome The remaining part of the Trial he engaged by Promise made both in the beginning and end of that Book to Compleat and Publish with all convenient speed but never made good his Vndertaking nor as I believe ever did intend it For he well knew that however what was urged against the Arch-Bishop at his Trial in this matter and was largely amplified in his History in proof of the Arch-Bishop's endeavour to subvert the Established Religion carried with it some shew of Truth in the Judgment of a then miserably deluded People who were cheated into a Belief cursed be the wilful Authors of that Cheat which in great measure yet continueth that good Works Building Repairing Consecrating and Adorning Churches bowing at the Name of Jesus prosiration to God in Prayer wearing Copes retaining the use of Canonical Hours in Prayer and such like Decent Vsages and Ceremonies were downright Popery for these and such like were the Proofs of that Accusation brought against the Arch-Bishop Yet that all which they did or could produce in confirmation of their other Heads of Accusation against the Arch-Bishop carried not with it the least appearance of proof For which Reason Prynne began the History of his Trial with the Charge and Proofs of Popery although that was not the first but the last Head of Accusation brought against him and canvassed in the course of his Trial. However the Godly Cheat once begun was by any means to be continued and therefore it was pretended by Prynne and other Adversaries of the Arch-Bishop that although to give him his due for such are Prynne's own words pag. 462. the Arch-Bishop made as full as gallant as pithy a Defence of so bad a Cause and spake as much for himself as was possible for the Wit of Man to invent and that with so much Art Sophistry Vivacity Oratory Audacity and Confidence without the least acknowledgment of Guilt in any thing c. yet that after all the Crimes objected being undeniably proved against him and himself thereupon despairing of being able to justifie and clear his Innocence either to the then present or to succeeding times did burn all the Notes of his Answers and Defence before his Death of purpose to prevent their publication after it Which Calumny Prynne hath twice in Epist. Dedic and pag. 461. repeated pretending to have received the knowledge of it from the Arch-Bishop's own Secretary Mr. Dell. The falsity of this base Report appears sufficiently from this History wrote by the Arch-Bishop and now Published He had begun to compose it before the end of the Year 1641. and continued it from time to time till the 3d of January 1644 5. which was the seventh day before his Execution For on the 4th of January being acquainted that Sentence had passed upon him in the House of Lords he conveyed the Original Copy of his History into safe hands and prepared himself for Death That he had begun it before the end of 1641. and augmented it from time to time appears evidently from several places of it And although in the Narration of his Trial many things said or alledged in the Recapitulation on the last days be interwoven with the History of every days Trial yet all those passages were added by him afterwards on the blank pages which he had for that purpose left over-against every written page in the Original Copy and from thence were according to his directions transcribed in the other Copy into one entire Narration Hence it comes to pass which the Reader will easily observe that the Arch-Bishop writing down the Transactions of every day as they happened hath left so many plain Indications of haste and sometimes of heat Some things seem to have been wrote while his Spirits had not yet recovered a sedate Temper many improprieties of Language committed and other defects admitted which the Arch-Bishop himself being sensible of had wrote in the first leaf of his Book Non apposui manum ultimam W. Cant. That the most Reverend Author wrote this History for the publick Vindication of himself cannot be doubted Nay himself more than once affirmeth that he intended it for the Vindication of himself to the whole Christian World and chiefly indeed for the defence of himself and the Church of England in Foreign parts where
sadness I was much concerned at the Envy and undeserved Hatred born to me by the Lord Keeper I took into my Hands the Greek Testament that I might Read the portion of the day I lighted upon the XIII Chapter to the Hebrews wherein that of David Psal. 56. occurred to me then grieving and fearing The Lord is my helper I will not fear what man can do unto me I thought an Example was 〈◊〉 to me and who is not safe under that Shield Protect me O Lord my God Januar. 31. A Commission passed under the Broad Seal of England constituted me among others a Judge Delegate in a Suit of Dilapidation between the Rev. Father in God Richard Neile Lord Bishop of Durham and Francis James Son and Heir of his Predecessor I attended the Execution of this Commission from Two to Five a Clock in the Afternoon on Saturday in the great Chamber at Doctors Commons Februar 1. Sunday I stood by the most Illustrious Prince Charles at Dinner He was then very merry and talked occasionally of many things with his Attendants Among other things he said that if he were necessitated to take any particular Profession of Life he could not be a Lawyer adding his Reasons I cannot saith he defend a bad nor yield in a good Cause May you ever hold this Resolution and succeed most Serene Prince in Matters of greater moment for ever prosperous Februar 4. Wednesday my Conference held with Fisher the Jesuit May 24. 1622. and put in writing at the Command of King James having been before Read to the King was this day put into the Press being Licensed by the Bishop of London I had not hitherto appeared in Print I am no Controvertist May God so Love and Bless my Soul as I desire and endeavour that all the never to be enough deplored distractions of the Church may be composed happily and to the Glory of his Name This day I waited on the Duchess of Buckingham That Excellent Lady who is Goodness it self shewed me a Form of Devotions which another Woman unknown to me had put into her Hands I Read it All was mean in it nothing extraordinary unless that it was more like to Poetry Febr. 6. Friday my Lord Duke of Buckingham told me of the Reconciliation the day before made with the Lord Keeper Febr. 10. Shrove-Tuesday at the Commons Sentence in my Lord of Durham's Case Febr. 12. Thursday the Parliament was to begin but was put off to Monday the 16 of February Febr. 15. Sunday I Assisted at the Consecration of Dr Harmer Bishop of St. Asaph Febr. 16. Dies Lunae erat Dux Richmondiae subitâ Paralysi correptus mortuus est Hoc fatum rejecit Parliamentum in 19 Februarii Febr. 16. Munday The Duke of Richmond being seized suddenly with the Palsie died This accident put off the Parliament to the 19 of February Februar 18. Wednesday my Lord Duke of Buckingham told me of the Reconciliation and Submission of my Lord Keeper and that it was confessed unto him that his Favour to me was a chief Cause Invidia quo tendis c. At ille de novo foedus pepigit Februar 19. Thursday The Parliament began Februar 20. Friday The Convocation began Februar 22. Will. Fulwell Mr. of Arts of Qu. Coll. in Cambridge made Deacon Februar 24. Tuesday The Duke of Buckingham's Relation of the Negotiation with Spain about the Prince's Marriage to both Houses of Parliament Febr. 29. Sunday In the Evening the Duke of Buckingham's Coach overthrown between Exeter-House and the Savoy The Spanish Embassador lay there No Omen I hope more than that they thought to Soyl him Secretary Conway was in the Coach with him Mr. Bond came into the help and told it me March 7. Mid-Lent-Sunday I Preached at White-Hall March 14. Passion-Sunday I Preached at Westminster March 17. Lord Keeper his Complementing with me Will. Fulwell made Priest March 22. Munday Dismal day The Accident of my Lord of Rutland giving Not Content to the Form consented to in the Parliament House being the only Voice dissenting March 23. Tuesday The Censure of Morley Waterhouse and the Printer about the Petition against my Lord Keeper That Afternoon the King declared to the Committee that he would send a Messenger presently into Spain to signifie to that King that his Parliament advised him to break off the Treaties of the Match and the Palatinate and to give his Reasons of it and so proceed to recover the Palatinate as he might Bonfires made in the City by the forwardness of the People for Joy that we should break with Spain O quoties tenuit me illud Psal. LXVII 31. Dissipa gentes quae bella volunt Sed spero quia coacti March 24. Wednesday Initium Regis Jacobi The Earl of Oxford practising a Tilt fell and brake his Arm. That Night inter horas 6. 7. a great Eclipse of the Moon March 25. Thursday The Recess of the Parliament for a Week Anno 1624. March 26. Good-Friday Viscouut Mansfeild running at Tilt to practice with the shock of the meeting his Horse weaker or resty tumbled over and over and brake his own neck in the place the Lord had no great harm Should not this day have other Imployment March 27. Saturday Easter-Even my Speech with my Lord Duke of Buckingham about a course to ease the Church in times of Payment of the Subsidy now to be given His Promise to prepare both the King and the Prince March 28. Easter-day Richard Earl of Dorset died being well and merry in the Parliament House on Wednesday the 24. Quà m nihil est vita Hominis Miserere nostri Deus His Grand-father Thomas Earl of Dorset died suddenly at the Council-Table His Grand-mother rose well and was dead before Dinner His Father Robert lay not above two days And now this Man Sir Edward Sackvill ...... March 29. Easter-Munday I went and acquainted my Lord Keeper with what I had said to my Lord Duke He approved it and said it was the best Office that was done for the Church this Seven Years And so said my Lord of Durham They perswaded me to go and acquaint my Lord's Grace of Canterbury with what I had done I went His Grace was very angry Asked what I had to do to make any Suit for the Church Told me never any Bishop attempted the like at any time nor would any but my self have done it That I had given the Church such a wound in speaking to any Lord of the Laity about it as I could never make whole again That if my Lord Duke did fully understand what I had done he would never indure me to come near him again I answered I thought I had done a very good Office for the Church and so did my Betters think If his Grace thought otherwise I was sorry I had offended him And I hoped being done out of a good Mind for the support of many poor Vicars abroad in the Country who must needs sink under Three
21. Dies erat Martis Carnivale Misit D. Buckinghamiae ut ad se venirem Tum in Mandatis mihi dedit ut c. Feb. 23. Die Jovis Quaesivi Ducem apud Chelsei Ibi primò vidi nuper Natum Haeredem ejus Carolum Ducem non inveni Redij dein inveni 〈◊〉 ejus me quaerentem Cum eo propero in Aulâ invenio Quid à me factum narro Febr. 24. Die Veneris S. Matthiae Cum eo fui in AEdibus suis per Horas fere tres ubi suâ manu c. aliquid ut adderem jussit Dicto obsequutus sum proximo Die attuli Feb. 25. Feb. 26 Dominicâ primâ Quad. Concionem quam habui in initio Parlamenti Regio Mandato Typis jam excusam in manus Serenissimi Regis Caroli dedi Vesperi Feb. 27. Die Lunae Periculum Regis Caroli ab Equo qui fractis duobus Ephippiorum cingulis Ephippio unà cum Sessore in ventrem devoluto tremens constitit donec Rex salvus c. Martij 1. Dies erat Mercurij Festum S. Davidis Clamor incaepit in Domo Inferiori Parlamenti Nominatim contra Ducem Buckinghamiae ob moratam Navim dictam The St. Peter of Newhaven post Sententiam latam Perpetuae in Domo illâ agitationes erant à die illo Martij 6. Resignavi Rectoriam de Ibstock quam habui in Commendam Martij 11. Proposuit in Domo Dr. Turner Medicus Quaesita Septem vulgò dicta Quaeres contra Ducem Buckinghamiae Non alio tamen nixas Fundamento quam quod ex Famâ quidem Publicâ ut dixit petijt Dies erat Saturni Martij 16. Die Jovis Proposuit quidam è Belgia Nomine Joh. Oventrout se viam ostensurum quî Occidentalis-India excuteret Jugum Hispaniae se Regi nostro Carolo subderet Res refertur 〈◊〉 Comiti de Totnes Baroni Conway Secretario Principali quia dixit Stratagema suum à Religione non minimas vires petiturum adjungor ego Proposuit Senex quaedam de Aricâ capiendâ Nec qui capi potuit ullis Argumentis edocuit nisi quòd velit dividi Incolarum animos in causâ Religionis immisso illic Catechismo Hidelbergiae Dimisimus Hominem nec Sapientiores redimus Anno 1625. March 27. Midlent Sunday I Preached at White-Hall I ascended the Pulpit much troubled and in a very melancholy moment the Report then spreading that his Majesty King James of most Sacred Memory to me was Dead Being interrupted with the dolours of the Duke of Buckingham I broke off my Sermon in the middle The King died at Theobalds about three quarters of an hour past Eleven in the forenoon He breathed forth his Blessed Soul most Religiously and with great constancy of Faith and Courage That day about five a Clock Prince Charles was Solemnly Proclaimed King God grant to him a Prosperous and Happy Reign The King fell Sick March 4. on Friday The Disease appeared to be a Tertian Ague But I fear it was the Gout which by the wrong application of Medicines was driven from his feet to his inward vital parts April 1. Friday I received Letters from the Earl of Pembroke Lord Chamberlain to the King and therein a Command from his Majesty King Charles to Preach a Sermon before himself and the House of Peers in the Session of Parliament to be held on the 17 day of May next following Apr. 3. Sunday I delivered into the Duke of Buckingham's hands my short Annotations upon the Life and Death of the most August King James which he had commanded me to put in writing April 5. Tuesday I Exhibited a Schedule in which were wrote the Names of many Church-Men marked with the Letters O. and P. The Duke of Buckingham had commanded to digest their Names in that method that as himself said he might deliver them to King Charles April 9. Saturday The Duke of Buckingham whom upon all accounts I am bound for ever to Honour signified to me that a certain Person moved through I know not what envy had blackened my Name with his Majesty King Charles laying hold for that purpose of the Error into which by I know not what Fate I had formerly fallen in the business of Charles Earl of Devonshire 1605. Decemb 26. The same day I received in Command to go to the Right Reverend the Bishop of Winchester and learn from him what he would have done in the Cause of the Church and bring back his Answer especially in the matter of the Five Articles c. April 10. Sunday after Sermon was done I went to the Bishop who was then in his Chamber at Court I acquainted him with what I had received in Command He gave to me his Answer From thence we went together to hear Prayers in Somerset-House Having heard Prayers we afterwards saw there the Body of the late King James which rested there till the day of his Funeral Rites April 3. Wednesday I brought back to the Duke of Buckingham the Answer of the Bishop of Winchester At the same time the Duke made known to me what the King had determined concerning his Clerk of the Closet the Right Reverend the Bishop of Durham and about his Successor in that Office April 17. Easter-day The Bishop of Durham being Sick I was appointed but at the desire of the said Bishop by the Right Honourable the Earl of Pembroke Lord Chamberlain of the Household to wait upon his Majesty in the Quality of Clark of the Closet which place I Executed till the first of May. April 23. Burton presented his Paper to the King May 11. The Marriage was Celebrated at Paris between his Majesty King Charles and the most Illustrious Princess Henrietta Maria of France Daughter of Henry IV. May 7. Saturday we Celebrated the Funeral of King James May 1. Early in the Morning the Duke of Buckingham went towards the Sea-side to pass over into France to meet Queen Mary I wrote Letters to the Duke that day which might follow after him For he went in great haste May 17. The Parliament was put off till the last day of May. May 18. I took a short Journey with my Brother to Hammersmith that we might there see our common Friends It was Wednesday May 19. Thursday I sent Letters the second time to the Duke of Buckingham then staying for a while at Paris May 29. Sunday I gave a third Letter into the hands of the Bishop of Durham who was to Attend the King that he might deliver them to the Duke of Buckingham at his first Landing May 30. Munday I went to Chelsey to wait upon the Dutchess of Buckingham May 31. Tuesday The Parliament was a second time put off till Munday the 13. of June King Charles set forward toward Canterbury to meet the Queen June 5. Whitsunday in the Morning just as I was going to Prayers I received Letters from France from the most Illustrious Duke of Buckingham June 6. I wrote an Answer next Morning After
I had finished my Answer the Right Reverend Lancelot Lord Bishop of Winchester and I went together to the Country House which John Lord Bishop of Rochester hath by Bromley We Dined there and returned in the Evening June 8. Wednesday I went to Chelsey but returned with my Labour lost June 12. Sunday it was Trinity Sunday Queen Mary crossing the Seas Landed upon our Shore about Seven a Clock in the Evening God grant that she may be an Evening and an Happy Star to our Orb. June 13. Munday the Parliament waiting for the King 's coming adjourned again till Saturday the 18th of June June 16. Thursday the King and Queen came to London They arrived at Court at five a Clock It was ill weather and the day cloudy When they came by the Tower of London for they came by water instead of Coach the King led out the Queen to the outside of the Barge that she might see the People and the City But at the same time a violent shower of Rain falling down forced them both to return into the inward part of the Barge The shower continued until they had entred White-Hall and then ceased June 18. Saturday The first Parliament of King Charles which had been so often put off now began There were present at the opening of it the Duke of Shiveruz with other French Noblemen a Bishop also who Attended the Queen For fear of the Pestilence which then began to be very rife the King omitted the pomp usual upon that day lest the great conflux of People should be of ill consequence And the Sermon which had been imposed upon me to be Preached in Westminster Abbey at the beginning of this Session was put off to the next day that is to June 19. First Sunday after Trinity on which day I Preached it in the Chappel at White-Hall June 20. The Convocation began June 24. Was the Feast of St John Baptist. The King Commanded the Arch-Bishop of Canterbury with six other Bishops whom he then Named to advise together concerning a Publick Fast and a Form of Prayer to implore the Divine Mercy now that the Pestilence began to spread and the extraordinary wet weather threatned a Famin and also to beg the Divine Blessing upon the Fleet now ready to put to Sea The Bishops were London Durham Winchester Norwich Rochester St. Davids This was done June 25. Saturday All the Bishops who were then in Town were introduced together that they might wait upon Queen Mary and kiss her Hand She received us very Graciously July 2. Saturday The Fast was kept by both Houses of Parliament to set an Example therein to the whole Kingdom July 3. Sunday in my Sleep his Majesty King James appeared to me I saw him only passing by swiftly He was of a pleasant and serene Countenance In passing he saw me beckned to me smiled and was immediately withdrawn from my Sight July 7. Thursday Richard Montague was brought into the Lower House of Parliament c. July 9. Saturday it pleased his Majesty King Charles to intimate to the House of Commons that what had been there said and resolved without consulting him in Montague's Cause was not pleasing to him July 11. Monday The Parliament was Prorogued to Oxford against the first day of August July 13. Wednesday there having died in the former week at London 1222 Persons I went into the Country to the House of my good Friend Francis Windebank In going thither Richard Montague met me by chance I was the first who certified him of the King's Favour to him July 15. Friday I went to Windsor and performed some Businesses committed to my trust by the Right Reverend Bishop of Durham I returned that night The Court was there at that time July 17. Sunday I went again to Windsor I stood by the King at Dinner time Some Matters of Philosophy were the Subject of Discourse I Dined Afterwards I Eat in the House of the Bishop of Glocester Baron Vaughan was there present with his Eldest Son The next day one of the Bishops Servants who had waited at Table was seized with the Plague God be merciful to me and the rest That Night I returned being become lame on the sudden through I know not what humor falling down upon my left Leg or as R An thought by the biting of Buggs I grew well within two days July 20. Wednesday A Publick Fast was held throughout all England I Preached in the Parish of Hurst where I then abode with Master Windebanke July 21. Thursday I visited Sir Richard Harrison and returned July 24. Sunday I Preached in the Parish of Hurst July 29. Friday I entred into Oxford July 31. Sunday I fell down I know not how in the Parlour of the President 's Lodging at St. John's Colledge and hurt my left shoulder and hip Aug. 1. Monday The Parliament began at Oxford Presently after the beginning of it a great assault was made against the Duke of Buckingham Aug. 12. Friday The Parliament was dissolved the Commons not hearkning as was expected to the King's Proposals Aug. 15. My Relapse I never was weaker in the judgment of the Phisician It was Munday The same day I began my journey towards Wales Aug. 21. Sunday I Preached at Brecknock where I stayed two days very busie in performing some Business That Night in my Sleep it seemed to me that the Duke of Buckingham came into Bed to me where he behaved himself with great kindness towards me after that Rest wherewith wearied Persons are wont to solace themselves Many also seemed to me to enter the Chamber who saw this Not long before I dreamed that I saw the Dutchess of Buckingham that Excellent Lady at first very much perplexed about her Husband but afterwards chearful and rejoycing that she was freed from the fear of Abortion so that in due time she might be again a Mother Aug. 24. Wednesday and the Festival of St. Bartholomew I came safely thanks be to God to my own House at Aberguille Although my Coach had been twice that day overturned between Aber-Markes and my House The first time I was in it but the latter time it was empty Aug. 28. Sunday I Consecrated the Chappel or Oratory which I had built at my own charge in my House commonly called Aberguilly-House I Named it the Chappel of St. John Baptist in grateful remembrance of St. John Baptist's Colledge in Oxford of which I had been first Fellow and afterwards President And this I had determined to do But another thing intervened of no ill Omen as I hope of which I had never thought It was this On Saturday the Evening immediately preceeding the Consecration while I was intent at Prayer I know not how it came strongly into my mind that the day of the Beheading of St. John Baptist was very near When Prayers were finished I consulted the Calendar I found that day to fall upon Munday to wit the 29th of August not upon Sunday I could have
wished it had fallen upon that same day when I Consecrated the Chappel However I was pleased that I should perform that solemn Consecration at least on the Eve of that Festival For upon that day his Majesty King James heard my Cause about the Election to the Presidentship of St. John's Colledge in Oxford for three hours together at least and with great Justice delivered me out of the hands of my powerful Enemies Septemb. 4. Sunday The Night following I was very much troubled in my Dreams My Imagination ran altogether upon the Duke of Buckingham his Servants and Family All seemed to be out of order that the Dutchess was ill called for her Maids and took her Bed God grant better things Septemb. 11. Sunday I Preached at Carmarthen the Judges being then present The same Night I Dreamed that Dr Theodore Price admonished me concerning Ma 3. and that he was unfaithful to me and discovered all he knew and that I should therefore take heed of him and trust him no more c. Afterwards I dreamed of Sackville Crow that he was dead of the Plague having not long before been with the King Septemb. 24. One only Person desired to Receive Holy Orders from me and he found to be unfit upon Examination Septemb. 25. I sent him away with an Exhortation not Ordained It was then Saturday Septemb. 26. Sunday That Night I dreamed of the Marriage of I know not whom at Oxford All that were present were cloathed with flourishing green Garments I knew none of them but Thomas Flaxnye Immediately after without any intermission of Sleep that I know of I thought I saw the Bishop of Worcester his Head and Shoulders covered with Linnen He advised and invited me kindly to dwell with them marking out a place where the Court of the Marches of Wales was then held But not staying for my Answer he subjoyned that he knew I could not live so meanly c. Octob. 8. Saturday the Earl of Northampton President of Wales returned out of Wales taking his Journey by Sea Octob. 9. Sunday I Preached at Carmarthen Octob. 10. Munday I went on Horseback up to the Mountains It was a very bright day for the time of Year and so warm that in our return I and my Company dined in the open Air in a place called Pente-Cragg where my Registrary had his Country-House Octob. 30. Sunday Sir Thomas Coventry made Lord Keeper Novemb. 11. Friday I began my Journey to return into England Novemb. 17. Thursday Charles the Duke of Buckingham's Son was born Novemb. 20. Sunday I Preached at Honye-Lacye in Herefordshire Novemb 24. Thursday I came to the House of my great Friend Fr. Windebank There the Wife of my Freind for himself was then at Court immediately as soon as I came told me that the Duke of Buckingham then negotiating for the Publick in the Low-Countries had a Son born whom God bless with all the good things of Heaven and Earth Decemb. 4. Sunday I Preached at Hurst I stayed there in the Country until Christmas Decemb. 14. Wednesday I went to Windsor but returned the same day Decemb. 25. Sunday I Preached at Hurst upon Christmas day Decemb. 31. Saturday I went to the Court which was then at Hampton-Court There Januar. 1. Sunday I understood that I was Named among other Bishops who were to consult together on Wednesday following at White-Hall concerning the Ceremonies of the Coronation I was also at the same time informed that the bigger part of the Bishop of Durham's House was appointed for the Residence of the Ambassadour Extraordinary of the King of France Januar. 2. Munday I returned to Hains-Hill For there not then knowing any thing of these Matters I had left my necessary Papers with my Trunk When I had put these in order I went to Sir Richard Harrison's House to take leave of my Friends There if I mistake not I first knew what F. H. thought of me I told my mind plainly c. I returned Januar. 3. Tuesday I came to London and fixed my self at my own House at Westminster For the week before Christmas I had sent my Servant who had brought all my things out of the House of my good Friend the Bishop of Durham with whom I had abode as a Guest for Four Years compleat to my own House save only my Books the removal of which I unadvisedly put off till my own coming For the coming of the French Ambassadour forced me to make over-much haste and the multitude of business then laying upon me made it requisite that I should have my Books at hand In the Evening I visited the Duke of Buckingham Januar. 4. Wednesday We met at White-Hall to consult of the Ceremonies of the Coronation I sent my Servant to bring my Books who brought them That Night I placed them in order in my Study And it was high time For while we were in consultation about the Ceremonies the Right Honourable the Earl of Pembroke Lord Chamberlain of the Houshold to his Majesty came from the King to us and delivered to me the King's Order to be ready against the sixth day of February to Preach that day at the opening of the Parliament Januar. 6. Friday Epiphany day We met again to consult concerning the Ceremonies and gave up our Answer to the King Januar. 16. The Arch-Bishop of Canterbury made known to me the King's Pleasure that at the Coronation I should supply the place of the Dean of Westminster For that his Majesty would not have the Bishop of Lincoln then Dean to be present at the Ceremony It was then Munday The same day by the King's Command a Consultation was held what was to be done in the Cause of Richard Montague There were present the Bishops of London Durham Winchester Rochester and St. Davids Januar. 17. Tuesday We gave in our Answer in Writing Subscribed this day This day also the Bishop of Lincoln deputed me under his Hand and Seal to supply the place for him which he as Dean of Westminster was to Execute in the Coronation of King Charles Januar. 18. Wednesday The Duke of Buckingham brought me to the King to whom I shewed my Notes that if he disliked any thing therein c. The same day by the King's Command the Arch-Bishop of Cant. and the Bishops of London Durham Winchester Rochester and St. Davids consulted together concerning a Form of Prayer to give Thanks for the decrease of the Plague Januar. 23. I had a perfect Book of the Ceremonies of the Coronation made ready agreeing in all things with the Kings Book It was Munday Januar. 29. Sunday I understood what D. B. had collected concerning the Cause Book and Opinions of Richard Montague and what R. C. had determined with himself therein Methinks I see a Cloud arising and threatning the Church of England God of his Mercy dissipate it Januar. 31. Tuesday The Bishops and other Peers before nominated by the King to consult of the Ceremonies of the Coronation that
the ancient Manner might be observed by his Majesties Command went together to him The King viewed all the Regalia Put on St. Edward's Tunicks Commanded me to read the Rubricks of direction All being read we carried back the Regalia to the Church of Westminster and laid them up in their place Febr. 2. Thursday and Candlemas day His Majesty King Charles was Crowned I then officiated in the place of the Dean of Westminster The King entred the Abby-Church a little before Ten a Clock and it was past Three before he went out of it It was a very Bright Sun-shining Day The Solemnity being ended in the great Hall at Westminster when the King delivered into my hands the Regalia which are kept in the Abby-Church of Westminster he did which had not before been done deliver to me the Sword called Curtana and two others which had been carried before the King that day to be Kept in the Church together with the other Regalia I returned and Offered them Solemnly at the Altar in the Name of the King and laid them up with the rest In so great a Ceremony and amidst an incredible concourse of People nothing was lost or broke or disordered The Theatre was clear and free for the King the Peers and the Business in hand and I heard some of the Nobility saying to the King in their return that they never had seen any Solemnity although much less performed with so little Noise and so great Order Febr. 6. Monday I Preached before King Charles and the House of Peers at the opening of the Parliament Febr. 11. Saturday At the desire of the Earl of Warwick a Conference was held concerning the Cause of Richard Montague in the Duke of Buckingham's House between Dr. Morton and Dr. Preston on the one side and Dr. White on the other Febr. 17. Friday The foresaid Conference was renewed in the same place many of the Nobility being present Febr. 21. Shrove-Tuesday the Duke of Buckingham sent for me to come to him and then gave me in Command that c. Febr. 23. Thursday I sought the Duke at Chelsey There I first saw his Son and Heir Charles lately born I found not the Duke Returning I found his Servant who was seeking me I went immediately with him and found the Duke at Court I related to him what I had done Febr. 24. Friday and S. Matthias's Day I was with the Duke in his own House almost Three Hours where with his own hand c. he commanded me to add somewhat I did so and brought it to him next Day Febr. 25. Febr. 26. First Sunday in Lent in the Evening I presented to his Majesty King Charles my Sermon which I had Preached at the opening of the Parliament being now Printed by his Majesties Command Feb. 27. Munday The Danger which hapened to King Charles from his Horse which having broken the two Girts of the Saddle and the Saddle together with the Rider fallen under his Belly stood trembling until the King having received no hurt c. March 1. Wednesday and the Festival of S David a Clamour arose in the House of Commons against the Duke of Buckingham more particularly for stopping a Ship called The St Peter of Newhaven after Sentence pronounced From that day there were perpetual Heats in the House March 6. I resigned the Parsonage of Ibstock which I held in Commendam March 11. Dr. Turner a Physician offered in the House Seven Queries against the Duke of Buckingham yet grounded upon no other Foundation than what he received from publick Fame as himself confessed It was then Saturday March 16 Thursday a certain Dutchman Named John Oventrout proposed to shew a way how the West-Indies might shake off the Yoke of Spain and put themselves under the Subjection of our King Charles The Matter was referred to be disclosed to the Earl of Totnes the Lord Conway Principal Secretary and because he said that his Stratagem did depend in a great measure upon Religion I was added to them The Old Man proposed somewhat about the taking of Arica Yet shewed not to us any Method how it might be taken unless it were that he would have the Minds of the Inhabitants to be divided in the Cause of Religion by sending in among them the Catechism of Heidelberg We dismissed the Man and returned not a whit the wiser Anno 1626. Martij 26. Die Solis Misit me ad Regem D. B. Ibi certiorem feci Regem de duobus negotijs quae c. Gratias egit Rex Serenissimus Martij 29. Rex Carolus utramque Domum Parliamenti alloquitur praecipuè verò Inferiorem per se per Honoratissimum Dominum Custodem Magni Sigilli in Palatio de White-Hall In multis Domum Inferiorem reprehendit Multa etiam adjecit de Duce Buckinghamiae c. In Convocatione illo Die habitâ multa agitata sunt de Concione quam habuit Gabr. Goodman Episcopus Glocestr coram Rege Die Solis praecedente Dominicâ 5. Quadragesimae April 5. Die Mercurij Manè misit Rex ut Episcopi Norwicensis Lichfeldensis Menevensis nosmetipsos coram sisteremus Adsumus ego Litchfeldensis Norwicensis Rus abijt Accipimus Mandata Regis circa c. Redimus April 12. Die Mercurij Hor. 9. ante Meridiem convenimus Archiepiscopus Cant. Episcopi Winton Dunelm Meneven jussi à Rege consulere de Concione quam habuit coram Majestate Regiâ Episcopus Glocestrensis Dr. Goodman Dom. 5. Quadrag ultimò elapsâ Consulimus Responsum damus Regi quaedam minus cautè dicta falsò nihil Nec innovatum quidquam ab eo in Ecclesiâ Anglicanâ Optimum fore si iterum tempore à seipso electo iterum Concionem haberet ostenderet quomodò in quibus malè acoeptus intellectusque fuit ab Auditoribus Eâ nocte post horam nonam Regi renuntiavi quae in Mandatis accepi die 5. April alia eo spectantia inter caetera de Impropriationibus reddendis Multa gratissimè Rex ego quùm prius disserui de modo April 14. In Febrem incidit Dux Buckinghamiae Dies erat Veneris April 19. Die Mercurij Petitio Joh. Digbye Comitis Bristoliensis contra Ducem Buckinghamiae lecta est in Domo Superiori Parlamenti Acris illa quae perniciem minatur alteri partium April 20. Die Veneris Retulit Cognitionem totius negotij etiam Petitionis Comitis Bristoliensis Domui Parlamenti Rex Carolus April 21. Dies erat Sabbati Misit Dux Buckinghamius ut ad se venirem Ibi audivi quid Primicerius Regius Dom. Joh. Cocus contra me suggessit Thesaurario Angliae ille Duci Domine miserere Servi tui April 22. Die Solis Misit Rex ut omnes Episcopi cum ipso essemus Horâ quartâ pomeridianâ Adsumus 14. numero Reprehendit quòd in causis Ecclesiae hoc tempore Parlamenti silemus non notum facimus ei quid Vtile vel Inutile foret
Epiphaniae dies Veneris nocte 〈◊〉 avi Matrem meam diu ante defunctam lecto meo astitisse deductis paululum stragulis hilarem in me aspexisse laetatus sum videre eam aspectu tam jucundo Ostendit deindè mihi Senem diù ante defunctum quem ego dum vixit novi amavi Jacuisse videbatur ille humi laetus satis sed rugoso vultu Nomen ei Grove Dum paro salutare evigilavi Januar. 8. Dies erat Lunae 〈◊〉 visum Ducem Buck. Gavisus est in manus dedit Chartam de Invocatione Sanctorum quam dedit ei Mater Illi vero nescio quis Sacerdos Jan. 13. Dies erat Saturni Episcopus Lin. petiit reconciliationem cum 〈◊〉 Buckinghamiae c. Januar. 14. Die Solis versùs manè somniavi Episcopum Lin. nescio què advenisse cum catenis ferreis sed redeuns liberatus ab iis equum insiluit abiit nec assequi potui Januar. 16. Die Martis Somniavi Regem venatum 〈◊〉 quòd quum esuriit abduxi eum de improviso in Domum Fran. Windebanck Amici mei Dum parat comedere ego dum alii aberant Calicem ei de more porrigebam Potum attuli non placuit Iterum adduxi sed poculo argenteo Dicit Serenissimus Rex Tu 〈◊〉 me semper è vitro bibere Abeo iterum evigilavi Januar. 17. Die Mercurij Ostendi Rationes Regi cur Chartae Episcopi Winton defuncti de Episcopis quòd sint Jure Divino praelo tradendae sint contra illud quod miserè in maximum damnum Ecclesiae Anglicanae Episcopus Lincoln significavit Regi sicut Rex ipse mihi antea narravit Febr. 7. Dies erat Cinerum Concionatus sum in Aulâ ad White-Hall Feb. 9. Die Veneris nocte sequente somniavi me morbo scorbutico laborasse repentè Dentes omnes mihi laxos fuisse unum praecipuè in inferiori maxillâ vix digito me retinere potuisse donec opem peterem c. Feb. 20. Die Martis Incaepit Jo. Fenton 〈◊〉 pruriginis 〈◊〉 c. Febr. 22. Die Jovis Iter suscepi versus Novum Mercatum ubi tum Rex fuit Martij 3. Dies Saturni erat Cantabrigiam concessi unà cum Duce Buckinghamiae Cancellario istius almae Academiae alijs Comitibus Baronibus Incorporatus ibi fui sic primus qui praesentatus fuit Illustrissimo Duci tum sedenti in domo Congregationis ipse fui Habitus ibi fuit ab Academicis Dux insignis Academicè celebriter Redimus Martij 6. Die Martis Rediit Rex è Novo Mercato ego versùs Londinum Martij 8. Die Jovis Veni Londinum Nocte sequente somniavi me reconciliatum fuisse Ecclesiae Romanae Hoc anxiè me habuit miratus sum 〈◊〉 unde accidit Nec solum mihi molestus fui propter Errores illius Ecclesiae sed etiam propter scandala quae ex illo lapsu meo multos egregios doctos viros in Ecclesiâ Anglicanâ onerarent Sic turbatus insomnio dixi apud me me statim iturum confessione factâ veniam ab Ecclesiâ Anglicanâ petiturum Pergenti obviam se dedit Sacerdos quidam voluit impedire Sed indignatione motus me in viam dedi Et dum fatigavi me morosis cogitationibus evigilavi Tales impressiones sensi ut vix potui credere me somniâsse Martij 12. Die Lunae cum Rege concessi Theobaldas Redij die proximo Martij 13. Martij 17. Die Saturni Vigiliâ Palmarum Horâ noctis ferè mediâ sepelivi Carolum Vicecomitem Buckinghamiae Filium natu maximum tum unicum Georgij Ducis Buckinghamiae AEtdtis 〈◊〉 fuit Anni unius ferè quatuor mensium Mortuus est Die Veneris praecedente Anno 1626. March 26. Sunday D. B. sent me to the King There I gave to the King an account of those two Businesses which c. His Majesty thanked me March 29. King Charles spoke to both Houses of Parliament but directed his Speech chiefly to the Lower House both by himself and by the Right Honourable the Lord Keeper of the Great Seal in the Palace at White-Hall He also added much concerning the Duke of Buckingham c. In the Convocation held that Day there was much debating concerning the Sermon which Gabriel Goodman Bishop of Glocester had Preached before the King on the Sunday preceding being the fifth Sunday of Lent April 5 Wednesday The King sent in the Morning commanding the Bishops of Norwich Litchfeild and St Davids to attend him I and the Bishop of Litchfeild waited upon him the Bishop of Norwich being gone into the Country We received the King's Commands about c. and returned April 12. Wednesday at 9. in the Forenoon we met together viz. the Arch-Bishop of Canterbury the Bishops of Winchester Durham and St Davids being commanded by the King to consult together concerning the Sermon which Dr Goodman the Bishop of Glocester had Preached before his Majesty on the 5th Sunday in Lent last past We advised together and gave this Answer to the King That some things were therein spoken less cautiously but nothing falsely That nothing was innovated by him in the Doctrine of the Church of England That the best way would be that the Bishop should preach the Sermon again at some time to be chosen by himself and should then shew how and wherein he was misunderstood by his Auditors That Night after 9. a Clock I gave to the King an account of what I had received in command on the 5th of April and of other things relating thereto Among the rest concerning restoring Impropriations The King spoke many things very graciously therein after I had first discoursed of the manner of effecting it April 14. Friday The Duke of Buckingham fell into a Fever April 19. Wednesday The Petition of John Digby Earl of Bristol against the Duke of Buckingham was read in the House of Lords It was very sharp and such as threatens Ruin to one of the Parties April 20. Friday King Charles referred the Cognisance of that whole matter as also of the Petition of the Earl of Digby to the House of Parliament April 21. Saturday the Duke of Buckingham sent to me to come to him There I first heard what Sir John Cook the King's Secretary had suggested against me to the Lord Treasurer and he to the Duke Lord be merciful to me thy Servant April 22. Sunday The King sent for all the Bishops to come to him at 4. a Clock in the Afternoon We waited upon him 14. in number Then his Majesty chid us that in this time of Parliament we were silent in the Cause of the Church and did not make known to him what might be Useful or was Prejudicial to the Church professing himself ready to promote the Cause of the Church He then commanded us that in the Causes of the Earl of Bristol and Duke of Buckingham we should follow the direction of our own Consciences being led by Proofs
not by Reports April 30. Sunday I Preached before the King at White-Hall May 1. Munday The Earl of Bristol was accused in Parliament of High Treason by the King's Attorney Sir Robert Heath the Earl then and there preferred 12. Articles against the Duke of Buckingham and therein charged him with the same Crime and other Articles also against the Lord Conway Secretary of State The Earl of Bristol was committed to the Custody of James Maxwell the Officer in Ordinary of the House of Peers May 4. Thursday Arthur Lake Bishop of Bath and Wells Died at London May 8. Munday At Two a Clock in the Afternoon the House of Commons brought up to the House of Peers a Charge against the Duke of Buckingham consisting of 13. Articles May 11. Thursday King Charles came into the Parliament House and made a short Speech to the Lords concerning preserving the Honour of the Nobility against the vile and malicious Calumnies of those in the House of Commons who had accused the Duke c. They were Eight who in this matter chiefly appeared The Prologue Sir Dudly Digges the Epilogue John Elliot were this day by the King's Command committed to the Tower They were both dismissed thence within few days May 25. Thursday The Earl of Arundel not being sent back to the House nor the Cause of his detainment made known the House of Peers began to be jealous of the breach of their Priviledges and resolved to Adjourn the House to the next day On which day May 26. They Adjourned again to June 2. resolving to do nothing until the Earl should be set free or at least a Cause given c. May 25. On which day these Troubles first began was the Feast of Pope Vrban and at this time Vrban VIII sitteth in the Papal Chair to whom and to the Spaniard if they who most desire it would do any acceptable service I do not see what they could better devise in that kind than to divide thus into Parties the great Council of the Kingdom June 15. Thursday After many Debates and Struglings private Malice against the Duke of Buckingham prevailed and stopped all publick Business Nothing was done but the Parliament was dissolved Junij 20. Tuesday His Majesty King Charles named me to be Bishop of Bath and Wells And at the same time commanded me to prepare a Sermon for the Publick Fast which he had by Proclamation appointed to be kept on the 5th of July following July 5. A Solemn Fast appointed partly upon account of the Pestilence yet raging in many Parts of the Kingdom partly on account of the Danger of Enemies threatning us I Preached this day before the King and Nobility at White-Hall It was Wednesday July 8. The King commanded me to Print and Publish the Sermon It was Saturday July 16. Sunday I presented that Sermon which was now Printed to his Majesty and returned July 26. Wednesday The King signed the Conge d' Eslire empowering the Dean and Chapter to elect me Bishop of Bath and Wells July 24. Thursday In the Morning Dr. Feild Bishop of Landaff brought to me 〈◊〉 Letters from the most Illustrious Duke of Buchingham The Letters were open and wrote partly in Characters The Duke sent them to me that I should consult one Named Swadlinge mentioned in those Letters as one who could read the Characters I was also named in them as to whom that Swadling was known having been educated in S. John's Colledge in Oxford at what time I was President of that Colledge Aug. 1. Thomas Swadlinge came to me whom from his leaving the Colledge to that day for almost 8. Years I had not once seen He bestowing some pains at length read the Characters and Aug. 4. Friday I and he went to the Duke He read them They were certain malicious things The Duke as was fit despised them We returned Aug. 16. I was elected Bishop of Bath and Wells being Wednesday the Letter D. Aug. 25. Friday Two Robin-red-breasts flew together through the Door into my Study as if one pursued the other That sudden motion almost startled me I was then preparing a Sermon on Ephes. 4. 30. and Studying Septemb. 14. Thursday Evening the Duke of Buckingham willed me to form certain Instructions partly Political partly Ecclesiastical in the Cause of the King of Denmark a little before brought into great streights by General Tilly to be sent through all Parishes Certain heads were delivered to me He would have them made ready by Saturday following Sept. 16. I made them ready and brought them at the appointed hour I read them to the Duke He brought me to the King I being so commanded read them again Each of them approved them Sept. 17. Sunday They were read having been left with the Duke before the Lords of the Privy-Council and were thanks be to God approved by them all Sept. 18. Munday My election to the Bishoprick of Bath and Wells was confirmed Sept. 19. Tuesday At Theobalds I swore Homage to his Majesty who there presently restored me to the Temporalties from the death of my Predecessor What passed between me and the Lord Conway Principal Secretary to the King in our return Sept. 21. Munday about four a Clock in the Morning Died Lancelot Andrews the most worthy Bishop of Winchester the great Light of the Christian World Sept. 30. Saturday The Duke of Buckingham signified to me the King's Resolution that I should succeed the Bishop of Winchester in the Office of Dean of the Chappel-Royal Octob. 2. Munday The Duke related to me what the King had farther resolved concerning me in case the Arch-Bishop of Canterbury should die c. Octob. 3. Tuesday I went to Court which was then at Hampton-Court There I returned Thanks to the King for the Deanry of the Chappel then granted to me I returned to London Octob. 6. I took the Oath belonging to the Dean of the Chappel in the Vestry before the Right Honourable Philip Earl of Montgomery Lord Chamberlain Stephen Boughton the Sub-Dean Administring it It was Friday Novemb. 14. Or thereabout taking occasion from the abrupt both beginning and ending of Publick Prayer on the fifth of November I desired his Majesty King Charles that he would please to be present at Prayers as well as Sermon every Sunday and that at whatsoever part of the Prayers he came the Priest then Officiating might proceed to the end of the Prayers The most Religious King not only assented to this Request but also gave me thanks This had not before been done from the beginning of K. James's Reign to this day Now thanks be to God it obtaineth Decemb. 21. I dreamed of the burial of I know not whom and that I stood by the Grave I awaked sad Decemb. 25. Christmas-day Munday I Preached my first Sermon as Dean of the Chappel-Royal at White-Hall upon S. John 1 14. part 1. Januar. 5. Epiphany-Eve and Friday In the Night I dreamed that my Mother long since dead stood by my
me in my Sleep having been dead two Years before at least He seemed to me in very good plight and merry enough I told him what I had done for his Widow and Children He after a little thought answered That the Executor had satisfied him for those Legacies while he was yet alive And presently looking upon some Papers in his Study adjoyning he added that it was so He moreover whispering in my Ear told me that I was the Cause why the Bishop of Lincoln was not again admitted into Favour and to Court Apr. 4. Wednesday When his Majesty King Charles forgave to Doctor Donne certain slips in a Sermon Preached on Sunday Apr. 1. what he then most graciously said unto me I have wrote in my Heart with 〈◊〉 Characters and great 〈◊〉 to God and the King Apr. 7. Saturday Going to Court to wait upon the King at Supper in going out of the Coach my foot stumbling I fell headlong I never had a more dangerous fall but by God's mercy I escaped with a light bruise of my Hip only Apr. 24. Tuesday There were then first sent to me the Exceptitions which the Arch-Bishop of Canterbury had Exhibited against Doctor Sibthorp's Sermon and what followed April 29. Sunday I was made Privy-Councellour to his Majesty King Charles God grant it may conduce to his Honour and to the good of the Kingdom and the Church May 13. Whitsunday I Preached before the King c. Junij 7 8. I attended King Charles from London to Southwick by Portsmouth Junij 11. His Majesty dined a-board the Triumph where I attended him June 17. The Bishoprick of London was granted me at Southwick June 22. We came to London June 24. I was commanded to go all the Progress June 27. The Duke of Buckingham set forwards towards the Isle of Ree June 30. The Progress began to Oatlands July 4. The King lost a Jewel in Hunting of a 1000 l. value That day the Message was sent by the King for the Sequestring of A. B. C. July 7. Saturday-night I dreamed that I had lost two Teeth The Duke of Buckingham took the Isle of Ree July 26. I attended the King and Queen at Wellingburrough July 29. The first News came from my Lord Duke of his Success Sunday August 12. The second News came from my Lord Duke to Windsor Sunday August 26. The third News came from my Lord Duke to Aldershot Sunday September News came from my Lord Duke to Theobalds The first fear of ill Success News from my Lord Duke to Hampton-Court I went to my Lord of Rochester to consider about A. B. C. and returned 〈◊〉 〈◊〉 Court 〈◊〉 King's Speech to me in the withdrawing Chamber That if any did c. I c. before any thing should sink c. The business of Doctor Bargar Dean of Canterbury began about the Vicaridge of Lidd October The Commission to the Bishops of London Durham Rochester Oxford and my self then Bath and Wells to Execute Archiepiscopal Jurisdiction during the Sequestration of my Lord's Grace of Canterbury The Dean of Canterbury's Speech that the business could not go well in the Isle of Ree There must be a Parliament some must be Sacrificed that I was as like as any Spoken to Doctor W. The same Speech after spoken to the same Man by Sir Dudlye Diggs I told it when I heard it doubled Let me desire you not to trouble your self with any Reports till you see me forsake my other Friends c. Ita Ch. R. The Retreat out of the Isle of Ree November My Lord Duke's return to Court The Countess of Purbeck censured in the High Commission for Adultery December 25. I Preached to the King at White-Hall January 29. Tuesday A resolution at the Council Table for a Parliament to begin March 17. if the Shires go on with levying Money for the Navy c. January 30. Wednesday My Lord Duke of Buckingham's Son was Born the Lord George New Moon die 26. February 5. Tuesday The straining of the back sinew of my right Leg as I went with his Majesty to Hampton-Court I kept in till I Preached at the opening of the Parliament March 17. but I continued lame long after saving that Februar 14. Thursday Saint Valentine's-day I made a shift to go and Christen my Lord Duke's Son the Lord George at Wallingford-House March 17. I Preached at the opening of the Parliament but had much ado to stand it was Munday Anno 1628. June 1. Whitsunday I Preached at White-Hall June 11. My Lord Duke of Buckingham Voted in the House of Commons to be the Cause or Causes of all Grievances in the Kingdom June 12. Thursday I was complained of by the House of Commons for warranting Doctor Manwaring's Sermons to the Press June 13. Dr. Manwaring answered for himself before the Lords and the next day June 14. Being Saturday was Censured After his Censure my Cause was called to the Report And by God's Goodness towards me I was fully cleared in the House The same day the House of Commons were making their Remonstrance to the King One Head was Innovation of Religion Therein they Named my Lord the Bishop of Winchester and my self One in the House stood up and said Now we have Named these Persons let us think of some Causes why we did it Sir Edw. Cooke answered Have we not Named my Lord of Buckingham without shewing a Cause and may we not be as bold with them June 17. This Remonstrance was delivered to the King on Tuesday June 26. Thursday The Session of Parliament ended and was Prorogued to October 20. July 11. Tuesday My Conge-deslier was Signed by the King for the Bishoprick of London July 15. Tuesday St. Swithin and fair with us I was Translated to the Bishoprick of London The same day the Lord Weston was made Lord Treasurer August 9. Saturday A terrible salt Rheum in my left Eye had almost put me into a Fever August 12. Tuesday My Lord Duke of Buckingham went towards Portsmouth to go for Rochell August 23. Saturday St Bartholomew's Eve the Duke of Buckingham slain at Portsmouth by one Lieutenant Felton about Nine in the Morning August 24. The News of his Death came to Croydon where it found my self and the Bishops of Winchester Ely and Carlile at the Consecration of Bishop Montague for Chichester with my Lord's Grace August 27. Wednesday Mr. Elphinston brought me a very Gracious Message from his Majesty upon my Lord Duke's Death August 30. As I was going out to meet the Corps of the Duke which that Night was brought to London Sir W Fleetwood brought me very Gracious Letters from the King's Majesty written with his own Hand September 9. Tuesday The first time that I went to Court after the Death of the Duke of Buckingham my dear Lord The Gracious Speech which that Night the King was pleased to use to me September 27. Saturday I fell Sick and came Sick from Hampton-Court Tuesday Septemb. ult I was sore
plucked with this Sickness c. October 20. Munday I was forced to put on a Truss for a Rupture I know not how occasioned unless it were with swinging of a Book for my Exercise in private Novemb. 29. Felton was Executed at Tyburn for killing the Duke and afterwards his Body was sent to be Hanged in Chains at Portsmouth It was Saturday and St. Andrew's Even and he killed the Duke upon Saturday St. Bartholomew's Even December 25. I Preached at White-Hall December 30. Wednesday The Statutes which I had drawn for the reducing of the Factious and Tumultuary Election of Proctors in Oxford to several Colledges by course and so to continue were passed in Convocation at Oxford no Voice dissenting January 26. Munday the 240 Greek Manuscripts were sent to London-House These I got my Lord of Pembrooke to buy and give to Oxford January 31. Saturday-night I lay in Court I dreamed that I put off my Rochet all save one sleeve and when I would have put it on again I could not find it Feb. 6. Friday Sir Thomas Roe sent to London-House 28 Manuscripts in Greek to have a Catalogue drawn and the Books to be for Oxford March 2. Munday The Parliament to be dissolved declared by Proclamation upon some disobedient passages to his Majesty that day in the House of Commons March 10. Tuesday the Parliament Dissolved the King present The Parliament which was broken up this March 10. laboured my ruin but God be ever blessed for it found nothing against me Anno 1629. March 29. Sunday Two Papers were found in the Dean of Paul's his Yard before his House The one was to this effect concerning my self Laud look to thy self be assured thy Life is sought As thou art the Fountain of all Wickedness Repent thee of thy monstrous Sins before thou be taken out of the World c. And assure thy self neither God nor the World can endure such a vile Councellor to live or such a Whisperer or to this effect The other was as bad as this against the Lord Treasurer Mr. Dean delivered both Papers to the King that Night Lord I am a grievous Sinner but I beseech thee deliver my Soul from them that hate me without a Cause April 2. Thursday Maundy-Thursday as it came this Year About Three of the Clock in the Morning the Lady Dutchess of Buckingham was delivered of her Son the Lord Francis Villiers whom I Christened Tuesday Apr. 21. Apr. 5. I Preached at White-Hall Maij 13. Wednesday This Morning about Three of the Clock the Queen was delivered before her Time of a Son He was Christened and Died within short space his Name Charles This was Ascention Eve The next Day being Maij 14. Ascention Day Paulò ante mediam Noctem I Buried him at Westminster If God repair not this loss I much fear it was Descention-day to this State Aug. 14. Dies erat Veneris I fell sick upon the way towards the Court at Woodstock I took up my Lodging at my ancient Friend's House Mr. Francis Windebanck There I lay in a most grievous burning Fever till Munday Sept. 7. Septemb. 7. On which Day I had my last Fit Octob. 20. I was brought so low that I was not able to return towards my own House at London till Tuesday Octob. 29. Octob. 26. I went first to present my humble Duty and Service to his Majesty at Denmark-House Munday 26. Octob. March 21. After this I had divers Plunges and was not able to put my self into the service of my Place till Palm-Sunday which was March 21. Anno 1630. Apr. 10. The Earl of Pembroke Lord Steward being Chancellor of the University of Oxford died of an Apoplexie Apr. 12. The University of Oxford chose me Chancellor and word was brought me of it the next Morning Munday April 28. Wednesday The University came up to the Ceremony and gave me my Oath Maij 29. Saturday Prince Charles was born at St. James's Paulò ante Horam primam post Meridiem I was in the House 3. Hours before and had the Honour and the Happiness to see the Prince before he was full one Hour old Junij 27. Sunday I had the Honour as Dean of the Chappel my Lord's Grace of Canterbury being infirm to Christen Prince Charles at St. James's Horâ ferè quintâ Pomeridianâ August 22. Sunday I Preached at Fulham Aug. 24. Tuesday St Bartholomew Extream thunder Lightning and Rain The Pestilence this Summer The greatest Week in London was 73. à 7. Octob. ad 14. spread in many Places miserably in Cambridge The Winter before was extream wet and scarce one Week of Frost This Harvest scarce A great Dearth in France England the Low-Countreys c. Octob. 6. Wednesday I was taken with an extream Cold and Lameness as I was waiting upon St. George his Feast at Windsor and forced to return to Fulham where I continued ill above a Week Octob. 29. Friday I removed my Family from Fulham to London-house Novemb. 4. Thursday Leighton was degraded at the High Commission Novemb. 9. Tuesday That Night Leighton broke out of the Fleet. The Warden says he got or was 〈◊〉 over the Wall the Warden professes he knew not this till Wednesday Noon He told it not me till Thursday Night He was taken again in Bedfordshire and brought back to the Fleet within a Fortnight Novemb. 26. Friday Part of his Sentence was executed upon him at Westminster Decemb. 7. Tuesday The King Sware the Peace with Spain Don Carlo Colonna was Embassadour Decemb. 25. I Preached to the King Christmas-day January 16. Sunday I Consecrated St. Catherine Creed-Church in London January 21. The Lord Wentworth Lord President of the North and I c. In my little Chamber at London-House Friday January 23. I consecrated the Church of St. Giles in the Fields Sunday Feb. 20. This Sunday Morning Westminster-Hall was found on Fire by the Burning of the little Shops or Stalls kept there It is thought by some Pan of Coals left there over night it was taken in time Feb. 23. Ash-Wednesday I preached in Court at White-Hall March 20. Sunday His Majesty put his great Case of Conscience to me about c. Which I after answered God Bless him in it The Famine great this Time But in part by Practice Anno 1631. March 27. Coronation day and Sunday I Preached at St. Paul's Cross. April 10. Easter-Munday I fell ill with great pain in my throat for a Week It was with Cold taken after Heat in my service and then into an Ague A fourth part almost of my Family Sick this Spring June 7. Tuesday I Consecrated the Chappel at Hammersmith June 21. Tuesday and June 26. Saturday My nearer Acquaintance began to settle with Dr. S. I pray God bless us in it June 26. My business with L. T. c. about the Trees which the King had given me in Shotover towards my building in St. John's at Oxford Which work I resolved on in November last And
I had formerly sent them above 700 Volumes Aug. 1. Thursday His Majesty came back from his Northern Journey to Theobalds and to White-Hall on Saturday Aug. 3. Many Varieties since the Assembly held and ended in Scotland The Bishops thrust out The Parliament there yet sitting Octob. 11. 12. Friday and Saturday The Spanish Navy was set upon by the Hollanders in the Downs The Fight began to be hot when they were past Dover They were in all near 60 Sail. The Spaniards suffered much in that Fight not without our dishonour that they should dare to begin the Fight there But this is one of the effects of the Scottish daring Decemb. 2. Munday A. Sh. my Chyrurgeon in trust gave me great and unexpected ease in my great Infirmity But after the weakness continued Decemb. 5. Thursday The King declared his Resolution for a Parliament in case of the Scottish Rebellion The first Movers to it were my Lord Deputy of Ireland my 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. Decemb. 27. Friday Being St John's-day at Night between 12 and 2 of the Clock next Morning the greatest wind that ever I heard blow Many of the poor Watermen at Lambeth had their Boats tumbled up and down as they lay on the Land and broken to pieces One of my Servants went into London and durst not come home the Evening was so foul And it was God's great Blessing both on him and me For that Night the shafts of two Chimneys were blown down upon the Roof of his Chamber and beat down both the Lead and the Rafters upon his Bed where had he been that Night he must have perished At Croydon one of the Pinnacles fell from the Steeple and beat down the Lead and the Roof of the Church near 200 foot square Januar. 24. Friday At Night I dreamed that my Father who died 46 Years since came to me and to my thinking he was as well and as chearful as ever I saw him He asked me what I did here And after some Speech I asked him how long he would stay with me He answered he would stay till he had me away with him I am not moved with Dreams yet I thought fit to remember this Januar. 25. Saturday St. Paul's A very blustering and a tempestuous day Januar. 26. Sunday I received the Queen's Gracious Assurance of her favour in the business which his Majesty had committed to me with others c. February 9. Sunday A large passage inserted and afterwards blotted out Anno 1640. April 13. Munday The Parliament sat down called about the Rebellion of Scotland April 14. Tuesday The Convocation began at Saint Pauls April 24. Friday The hot Contestation in the Lords House which should have precedence the King's Supply or the Subjects Grievance Voted in the upper House for the King May. 5. Tuesday The Parliament ended and nothing done The Convocation continued May 9. Saturday A Paper posted upon the Old-Exchange animating Prentices to sack my House upon the Munday following May 11. early H W From this place four Pages together in the Original are in part burned in the form of a Crescent This damage was done to the Book while it was in Mr Prynne's hands before it was produced as Evidence against the Arch-Bishop at his Trial. For in the following History at March 13 1643. The Arch-Bishop saith 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 knoweth And the like words of the Arch-Bishop occur afterwards at July 29 1644. That passage of Febr 11 1640. urged against the Arch-Bishop out of his Diary is more than half burnt out as is to be seen whether of purpose by Mr Prynne or casually I cannot tell yet the passage as confidently made up and read to your Lordships as if nothing were wanting It is indeed undeniably evident to any one who compareth the Original with Prynne's Printed Copy that this Accident had befallen the Book before Prynne had caused it to be Transcribed for the Press Yet he taketh no notice of it but filleth up the places with such Words as himself pleaseth and publisheth the whole without any distinction of his own Additions I have partly from Prynne partly from my own conjecture supplied the mutilated places as well as I could but have included all such suppletory Words in Crotchets that so the Reader may easily distinguish those Words which are yet to be Read in the Original from those which are not and may judge whether the several places be aptly filled up May 11. Munday-night At Midnight my House a t Lam beth was beset with 500 of these Rascal Routers I had notice and stren gthened the House as well as I could and God be thanked I had no harm t hey continued there full two hours Since I hav e for tified my House as well as I can and hope all may be safe But yet Libels are continually set up in all places of Note in the City My deliverance was great God make me thankful for it Maij 21. Thursday One of the Chief being taken was Condemned at Southwark and Hanged and Quartered on Saturday Morning following Maij 23. But before this May 15. Some of these mutinous People came in the day time and brake the White-Lyon Prison and let loose their Fellows both out of that Prison and the King's-Bench and 〈◊〉 other Prisoners also out of the White-Lyon Maij 29. Friday The Convocation sate after the ending of the Parliament till May 29. and then ended having made in that time 17. Canons which I hope will be useful to the Church Maij. 29. The Bishop of Glocester Godfrye Goodman suspended for notorious Scandal to the Church in refusing first to subscribe the Canons and after to profess a Reservation He had long before been suspected as inclining to Popery The Canons were all voted Nemine dissenti ente save this Bishop who had in general consented before Julij 10. Friday I took my Oath to the new Canons at the Council-Table and so did my Lord Bishop of London and after him the Bishop of Glocester submitted himself and took the Oath and was released out of Prison by the King's Command Julij 22. Tuesday I Christned the King's young Son Henry at Oatlands The Queen was there happily Delivered of him Julij 8. On Wednesday being the Day of the Solemn Fast about 6. of the Clock in the Evening Aug. 20. Thursday His Majesty took his Journey towards the North in haste upon Information that the Scots were entred the Munday before into England and meant to be at New-Castle by Saturday The Scots entred Aug. 20. Aug. 22. Saturday A vile Libel brought me found in Covent-Garden Ani mating the Apprentices
the whole matter I believe this Committee will prove the National Synod of England to the great dishonour of this Church And what else may follow upon it God knoweth March 22. Munday The Earl of Strafford's Trial began in Westminster-Hall and it continued till the end of April taking in the variation of the House of Commons who after a long Hearing drew a Bill of Attainder against him Anno 1641. March 25. Thursday A. Sh. performed his Promise to the uttermost May 1. Saturday The King came into the Upper-House and there declared before both Houses how diligently he had hearkned to all the Proceedings with the Earl of Strafford and found that his fault what-ever it was could not amount to High Tre ason That if it went by Bill it must pass by him and that he could not with his Con science find him Guilty nor would wrong his Conscience so fa r. But advised them to pro ceed by way of Misdemeanour and he would concur with them The same day after the King was gone a Letter was Read in the Upper-House from the Scots in which they did earnestly desire to be gone It was moved for a present Conference with the House of Commons about it The Debate about it was very short yet the Commons were risen beforehand Maij 12. Wednesday The Earl of Strafford beheaded upon Tower-Hill June 23. Wednesday I acquainted the King by my Lord of London that I would resign my Chancellorship of Oxford and why June 25. Friday I sent down my Resignation of the Chancellorship of Oxford to be published in Convocation July 1. Thursday This was done and the Earl of Pembroke chosen Chancellor by joint consent August 10. Tuesday The King went Post into Scotland the Parliament sitting and the Armies not yet dissolved Septemb. 23. Thursday Mr Adam Torles my Ancient Loving and Faithful Servant then my Steward after he had served me full forty two Years dyed to my great loss and grief Octob. 23. The Lords in Parliament Sequestred my Jurisdiction to my inferior Officers and Ordered that I should give no Benefice without acquainting them first to whom I would give it that so they might approve This Order was sent me on Tuesday Novemb. 2. in the Afternoon Novemb. 1. News came to the Parliament of the Troubles in Ireland the King being then in Scotland where there were Troubles enough also Novemb. 25. Thursday The King at his return from Scotland was sumptuously Entertained in London and great joy on all hands God prosper it Decemb. 30. Thursday The Arch-Bishop of York and eleven Bishops more sent to the Tower for High Treason for delivering a Petition and a Protestation into the House that this was not a free Parliament since they could not come to Vote there as they are bound without danger of their Lives Januar. 4. Tuesday His Majesty went into the House of Commons and demanded the Persons of Mr Denzill Hollis Sir Arthur Haslerig Mr John Pym Mr John Hampden and Mr William Stroude whom his Attorney had the day before together with the Lord Kimbolton Accused of High Treason upon seven Articles They had Information and were not then in the House they came in after and great stir was made about this Breach of the Priviledges of Parliament Febr. 6. Saturday Voted in the Lords House that the Bishops shall have no Votes there in Parliament The Commons had passed that Bill before Great Ringing for joy and Bonfires in some Parishes Febr. 11. Friday The Queen went from Greenwich toward Dover to go into Holland with her Daughter the Princess Mary who was lately Married to the Prince of Orange his Son But the true Cause was the present Discontents here The King accompanied her to the Sea Febr. 14. His Majesties Message to both Houses Printed by which he puts all into their Hands so God bless us Febr. 14. An Order came that the Twelve Bishops might put in Bail if they would and that they should have their Hearing upon Friday February 25 They went out of the Tower on Wednesday February 16 and were sent in again February 17 the House of Commons on Wednesday-night protesting against their coming forth because they were not in a Parliamentary way made acquainted with it Feb. 20. Sunday There came a tall Man to me under the Name of Mr Hunt He professed he was unknown to me but came he said to do me service in a great particular and prefaced it that he was not set on by any States-Man or any of the Parliament So he drew a Paper out of his Pocket and shewed me 4. Articles drawn against me to the Parliament all touching my near conversation with Priests and my Endeavours by them to subvert Religion in England He told me the Articles were not yet put into the House they were subscribed by one Willoughby who he said was a Priest but now come from them I asked him what Service it was he cou'd do me He said he looked for no advantage to himself I conceived hereupon this was a piece of Villany And bad him tell Willoughby he was a Villain and bid him put his Articles into the Parliament when he will So I went presently into my inner Chamber and told Mr Edward Hide and Mr Richard Cobb what had befallen me But after I was sorry at my Heart that my Indignation at this base Villany made me so hasty to send Hunt away and that I had not desir'd Mr Lieutenant to seize on him till he brought forth this Willoughby Feb. 25. Friday The Queen went to Sea for Holland and her Eldest Daughter the Princess Mary with her March 6. Sunday After Sermon as I was walking up and down my Chamber before Dinher without any Slip or Treading awry the Sinew of my Right Leg gave a great crack and brake asunder in the same place where I had broken it before Feb 5 〈◊〉 Orders about Stisted Anno 1642. It was two Months before I could go out of my Chamber On Sunday Maii 15 I made shift between my Man and my Staff to go to Church There one Mr Joslin Preached with Vehemency becoming Bedlam with Treason sufficient to hang him in any other State and with such particular Abuse to me that Women and Boys stood up in the Church to see how I could bear it I humbly thank God for my Patience All along things grew higher between the King and the Parliament God send a good Issue Maij 29. Four Ships came into the River with part of the Ammunition from Hull August 22. Munday the King set up his Standard at Nottingham August 24. The Parliament having committed Three Officers of the Ordinance and sent two new ones in the room This day they brake open all the Doors and possessed themselves of the Stores August 27. Saturday Earl of Southampton and Sir Jo. Culpepper sent from the King to have a Treaty for Peace refused unless the King would take down his Standard and recall his Proclamation which
made them Traytors Septemb. 1. Thursday Bishops Voted down and Deans and Chapters in the Lower House That Night Bonfires and Ringing all over the City Ordered cunningly by Pennington the new Lord Mayor About this time ante ult Aug. the Cathedral of Canterbury grosly Profaned Septemb. 9. Friday An Order from the House about the giving of Alhallows-Bread-street The Earl of Essex set forward towards the King Septemb. 10. Voted down in the upper House Dubitatur Octob. 15. Saturday Resolved upon the question that the Fines Rents and Profits of Arch-Bishops Bishops Deans and Chapters and of such notorious Delinquents who have taken up Arms against the Parliament or have been active in the Commission of Array shall be sequestred for the use and service of the Common-wealth Octob. 23. Sunday Keinton Field Octob. 24. Munday An Order from the House to keep but Two Servants speak with no Prisoner or other Person but in the presence of my Warder this common to other Prisoners Octob. 26. Wednesday Mr. Cook 's Relation to me of some Resolutions taken in the City c. Octob. 27. The Order of Octob. 24. not shewn me till Octob. 26. and I sent a Petition to the House for a Cook and a Butler Thursday October 28. This Order revoked Friday And this granted me Novemb. 2. Wednesday Night I Dreamed the Parliament was removed to Oxford the Church undone Some old Courtiers came in to see me and jeared I went to St. John's and there I found the Roof off from some parts of the Colledge and the Walls cleft and ready to fall down God be Merciful Novemb. 8. Seventy Eight Pounds of my Rents taken from my Controuler by Mr. Holland and Mr. Ashurst which they said was for Maintenance of the King's Children Novemb. 9. Wednesday Morning Five of the Clock Captain Brown and his Company entred my House at Lambeth to keep it for Publick Service and they made of it The Lords upon my Petition to them deny'd they knew of any such Order and so did the Committee yet such an Order there was and divers Lords hands to it but upon my Petition they made an Order that my Books should be secured and my Goods Novemb. 10. Some Lords went to the King about an Accommodation Novemb. 12. Saturday A Fight about Brainford Many slain of the Parliaments Forces and some taken Prisoners Such as would not serve the King were sent back with an Oath given them The Fight is said to begin casually about billotting Since this Voted in the House for no Accommodation but to go on and take all advantages Novemb. 16. Wednesday An Order to barr all Prisoners Men from speaking one with another or any other but in presence of the Warder nor go out without the Lieutenants leave And to barr them the Liberty of the Tower Novemb. 22. Tuesday Ordered That any one of them may go out to buy Provision Novemb. 24. Thursday The Souldiers at Lambeth House brake open the Chappel door and offered violence to the Organ but before much hurt was done the Captains heard of it and stayed them Decemb. 2. Friday Some of the King's Forces taken at Farnham About an hundred of them brought in Carts to London Ten Carts full their Legs bound They were sufficiently railed upon in the Streets Decemb. 19. Munday My Petition for Mr Coniers to have the Vicaridge of Horsham Before it came to be delivered the House had made an Order against him upon complaint from Horsham of his disorderly Life So Decemb. 21. St. Thomas's day I petitioned for my Chaplain Mr. William Brackstone Refused yet no Exception taken That day in the Morning my young dun 〈◊〉 were taken away by Warrant under the Hands of Sir John Evelyn Mr. Pim and Mr Martin Decemb. 23. Thursday Dr. Layton came with a Warrant from the House of Commons for the Keys of my House to be delivered to him and more Prisoners to be brought thither c. January 5. A final Order from both Houses for setling of Lambeth Prison c. Thursday All my Wood and Coals spent or to be spent there not reserving in the Order that I shall have any for my own use nor would that Motion be hearkned to January 6. Friday Epiphany Earl of Manchester's Letter from the House to give All-Hallowes-Bredstreet to Mr. Seaman January 26. Thursday The Bill passed the Lords House for Abolishing Episcopacy c. Feb. 3. Friday Dr. Heath came to perswade me to give Chartham to Mr. Corbet c. Febr. 14. Tuesday I received a Letter from his Majesty dated January 17. to give Chartham to Mr Reddinge or lapse it to him That Afternoon the Earl of Warwick came to me and brought me an Order of the House to give it to one Mr Culmer This Order bare date Febr 4 Febr. 25 Saturday Mr Culmer came to me about it I told him I had given my Lord my Answer 〈◊〉 〈◊〉 Thursday St Cedd's day The Lord Brooke shot in the left Eye and killed in the place at Lichfeild going to give the Onset upon the Close of the Church he having ever been fierce against Bishops and Cathedrals His Bever up and armed to the Knees so that a Musket at that distance could have done him but little harm Thus was his Eye put out who about two Years since said he hoped to live to see at St Pauls not one Stone left upon another March 10. Friday This Night preceeding I dreamed a Warrant was come to free me and that I spake with the Lieutenant that my Warder might keep the Keys of my Lodging till I had got some place for my self and my Stuff since I could not go to Lambeth I waked and slept again and had the very same Dream a second time March 20. Munday The Lord of Northumberland Mr Pierpoint Sir John Holland Sir William Ermin and Mr Whitlock went from both Houses to Treat of Peace with his Majesty God of his Mercy bless it and us March 24. Friday One Mr Foord told me he is a Suffolk Man that there was a Plot to send me and Bishop Wrenn as Delinquents to New-England within fourteen days And that Wells a Minister that came thence offered wagers of it The Meeting was at Mr Barks a Merchant's House in Friday-street being this Foord's Son-in-Law I never saw Mr Foord before Anno 1643. March 28. Tuesday Another Order from the Lords to give Chartham to one Mr Edward Hudson My Answer as before April 11. Tuesday Another Order for the same and very peremptory This came to me April 12. whereupon I petitioned the House Thursday April 13. My former Answer being wilfully mistaken by Hudson That present day another Order very quick which was brought to me Friday April 14. I Petitioned the House again the same day with great submission but could not disobey the King April 12. Another peremptory Order to Collate Chartham on Mr Edw Corbet brought to me Saturday April 22. April 24. Munday I gave my Answer as before but in
as are warrantable by Act of Parliament 6. All Fortifications to desist and no further working therein and they to be remitted to his Majesty's Pleasure 7. To restore to every one of his Majesty's Subjects their Liberty Lands Houses Goods and Means whatsoever taken and detained from them by whatsoever means since the aforesaid time The Copy of the Act of the Pacification as it passed under his Majesties Hand and includes these Articles above written is as follows Ch. R. WE having considered the Papers and humble Petitions presented unto us by those of our Subjects of Scotland who were admitted to attend our pleasure in the Camp and after a full Hearing by Our Self of all that they could say or alledge thereupon having communicated the same to Our Council of both Kingdoms upon mature deliberation with their unanimous Advice We have thought fit to give them this Just and Gracious Answer That though We cannot condescend to Ratifie and Approve the Acts of the pretended General Assembly at Glasgow for many Grave and Weighty Considerations which have happened both before and since much importing the Honour and Security of that true Monarchical Government Lineally descended upon Us from so many of Our Ancestors Yet such is Our Gracious Pleasure That notwithstanding the many disorders committed of late We are pleased not only to confirm and make good whatsoever Our Commissioner hath granted and promised in Our Name But also We are further Graciously pleased to declare and assure That according to the Petitioner's humble desires all Matters Ecclesiastical shall be determined by the Assemblies of the Kirk and Matters Civil by the Parliament and other inferiour Judicatories Established by Law which accordingly shall be kept once a Year or as shall be agreed upon at the General Assembly And for setling the general distractions of that Our Ancient Kingdom Our Will and Pleasure is that a free General Assembly be kept at Edinburgh the sixth day of August next ensuing where We intend God willing to be personally present And for the Legal Indiction whereof We have given Order and Command to Our Council and thereafter a Parliament to be holden at Edinburgh the 20th day of August next ensuing for Ratifying of what shall be concluded in the said Assembly and setling such other things as may conduce to the Peace and Good of Our Native Kingdom and therein an Act of Oblivion to be passed And whereas We are further desired that Our Ships and Forces by Land be recalled and all Persons Goods and Ships restored and they made safe from Invasion We are Graciously pleased to Declare that upon their disarming and disbanding of their Forces dissolving and discharging all their pretended Tables and Conventicles and restoring unto Us all Our Castles Forts and Ammunitions of all sorts as likewise Our Royal Honours and to every one of Our Good Subjects their Liberty Lands Houses Goods and Means whatsoever taken and detained from them since the late pretended General Assembly We will presently thereafter recall Our Fleet and retire our Land-Forces and cause Restitution to be made to all Persons of their Ships and Goods detained and arrested since the aforesaid time Whereby it may appear that Our intention in taking up of Arms was no ways for Invading of Our Native Kingdom or to Innovate the Religion and Laws but meerly for the Maintaining and Vindicating of Our Royal Authority And since that hereby it doth clearly appear that We neither have nor do intend any alteration in Religion or Laws but that both shall be maintained by Us in their full integrity We expect the performance of that Humble and Dutiful Obedience which becometh Loyal and Dutiful Subjects and as in their several Petitions they have often professed And as We have just Reason to believe that to Our peaceable and well-affected Subjects this will be satisfactory so We take God and the World to witness that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their disobedient Courses is not occasioned by us but by their own procurement This Pacification was not much sooner made by the King than it was broken by the Scots For whereas it was agreed by the Seventh Article and is repeated in the Body of the Pacification That every one of his Majesties good Subjects shou'd enjoy their Liberty Lands Houses Goods and Means whatsoever taken and detayned from them since the aforesaid time The * Lord Lindsay in the Name of the rest made a Protestation either in the Camp at Dunns or at the Cross in Edinburgh that no Bishop or Clergyman was included in this Pacification which yet in manifest and plain Terms extended it self to all the Kings good Subjects And this Protestation was so pursued as that it obtained and no Clergyman was relieved in any the Particulars Upon this and other Particulars agitated in Parliament amongst them his Majesty thought fit to look to himself and examine their Proceedings farther To this end he often called his Council and in particular made a Committee of eight more particularly to attend that service They were the Lord Bishop of London then Lord Treasurer the Lord Marquis Hamilton the Earl of Northumberland Lord Admiral the Earl of Strafford Lord Deputy of Ireland the Lord Cottington Sir Henry Vane and Sir Francis Windebanck Secretaries and my self to which was after added the Earl of Arundel Lord Marshal And though I spake nothing of these Scottish Businesses but either openly at Council-Table or in presence of all or so many of this Committee as occasionally met and so had Auditors and Witnesses enough of what I did or said yet it was still cast out among the 〈◊〉 that I was a chief Incendiary in the Business Where yet had I said or done any thing worse than other there wanted not Sir Henry Vane to discover it At this Committee many things were proposed diversly for the Aid and Assistance of the King and many Proposals rejected as Illegal At last the Lord Lieutenant of Ireland propos'd the calling of a Parliament Much was not said against this but much said for it Nor indeed was it safe for any Man to declare against it after it was once publickly moved So a Parliament was resolved on and called against April 13. 1640. At that time it sat down and many Tumultuary Complaints were made by the Scots against the Bishops and Church Government in England and with great vehemency against my self All this while the King could get no Money to Aid him against the Scottish Rebellion At last after many Attempts Sir Henry Vane told the King plainly that it was in vain to expect longer or to make any other overture to them For no Money wou'd be had against the Scots Hereupon his Majesty called all his Lords of Council together and upon Maij 5. being Tuesday at Six in the Morning they met in the Council-Chamber I by the mistake of the Messenger was warned
to be there at Seven in the Morning as if need be I can prove by sufficient Witness and at that Hour I came By this accident I came late and found a Resolution taken to Vote the dissolution of that Parliament and the Votes entred upon my Lord Cottington being in his Speech when I came into the Council-Chamber All Votes concurred to the ending of that Parliament save two The Persons dissenting were the Earls of Northumberland and Holland I co-operated nothing to this breach but my single Vote Yet the very next day Libels were set up in divers parts of the City animating and calling together Apprentices and others to come and meet in St. George's Fields for the Hunting of William the Fox for the Breach of the Parliament This setting up of Libels and animation of the baser People continued I acquainted his Majesty and the Council with it But upon Munday night following being May 11. Five Hundred of them came about my House at Lambeth to offer it and me violence By God's Merciful Providence I had some Jealousie of their intent and before their coming left the best Order I could to secure my House and by the Advice of some Friends went over the water and lay at my Chamber in White-Hall that Night and some other following So I praise God no great hurt was done One young Fellow only had a little hurt with a Dag who was after taken and Executed Thus you see how the malignity of the Time fastned and continued upon me For this Libelling in a very base and most unworthy manner continued against me But not one of them charged me with any one Particular save the breaking of the Parliament of which I was not guilty During this Parliament the Clergy had agreed in Convocation to give his Majesty six Subsidies payable in six Years which came to Twenty Thousand Pound a Year for six Years but the Act of it was not made up His Majesty seeing what lay upon him and what fears there were of the Scots was not willing to lose these Subsidies and therefore thought upon the continuing of the Convocation though the Parliament were ended but had not opened those Thoughts of his to me Now I had sent to dissolve the Convocation at their next sitting haste and trouble of these businesses making me forget that I was to have the King 's Writ for the Dismissing as well as the Convening of it Word was brought me of this from the Convocation-House while I was sitting in Council and his Majesty present Hereupon when the Council rose I moved his Majesty for a Writ His Majesty gave me an unlooked for reply Namely that he was willing to have the Subsidies which we had granted him and that we should go on with the finishing of those Canons which he had given us power under the Broad Seal of England to make And when I replyed it would be excepted against in all likelyhood by divers and desired his Majesty to Advise well upon it The King Answered me presently That he had spoken with the Lord Keeper the Lord Finch about it and that he assured him it was Legal I confess I was a little troubled both at the difficulties of the Time and at the Answer it self that after so many Years faithful Service in a business concerning the Church so nearly his Majesty would speak with the Lord Keeper both without me and before he would move it to me And somewhat I said thereupon which pleased not but the Particulars I do not well remember Upon this I was Commanded to sit and go on with the Convocation At first some little Exception was taken there by two or three of the Lower House of Convocation whether we might sit or no. I acquainted his Majesty with this doubt and humbly besought him that his Learned Council and other Persons of Honour well acquainted with the Laws of the Realm might deliver their Judgment upon it This his Majesty Graciously approved and the Question was put to them They answer'd as followeth under their Hands The Convocation being called by the King 's Writ under the Great Seal doth continue until it be dissolved by Writ or Commission under the Great Seal notwithstanding the Parliament be Dissolved 14. Maij 1640. Jo. Finch C. S. H. Manchester John Bramston Edward Littleton Ralph Whitfield John Bankes Rob. Heath This Judgment of these great Lawyers setled both Houses of Convocation So we proceeded according to the Power given us under the Broad-Seal as is required by the Statute 25 H. 8. Cap. 19. In this Convocation thus continued we made up our Act perfect for the gift of six Subsidies according to Ancient Form in that behalf and delivered it under Seal to his Majesty This passed Nemine Refragante as may appear apud Acta And we followed a President in my Lord Arch-Bishop Whitgift's time An. 1586 who was known to be a Pious and a Prudent Prelate and a Man not given to do boisterous things against the Laws of the Realm or the Prerogative of the Crown but one that went just and fair ways to both Nor did this Grant lye dead and useless for divers Processes are yet to be seen for the fetching in of that which was so Granted to the Queen's use in case any Man refused payment Together with this Act for Subsidies we went on in deliberation for certain Canons thought necessary to be added for the better Government and more setled Peace of the Church which began to be much disquieted by the proceedings of some Factious Men which have since more openly and more violently shewed themselves In the Debates concerning these Canons I dare be bold to say never any Synod sate in Christendom that allowed more freedom either of Speech or Vote The Canons which we made were in number seventeen and at the time of the Subscription no Man refused or so much as checked at any one Canon or any one Branch in any one of them Saving a Canonist or two who excepted against two or three Clauses in some of the last of the Canons which concerned their Profit and their Carriage towards the Clergy in which they were publickly and by joint consent over-ruled in the House And excepting Godfrey Goodman Lord Bishop of Glocester who was startled at the first Canon about the Proceedings against the Papists This Canon is very express for the use of all good and Christian means to bring them out of their Superstitious Errors and to settle them in the Church of England This Canon would not down with my Lord of Glocester And the Morning before the Subscription was to be he came over to Lambeth to me and after great expressions of his dislike I gave him the best Counsel I could that he would keep himself out of that scandal which his refusing to Subscribe would bring both upon his Person his Calling and the Church of England in these broken times especially But I fell so short of
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
After they had continued at York till Octob. 28. the King and the Lords returned and the Parliament sate down Novemb. 3. Great Heats appear'd in the very beginning On Wednesday Novemb. 10. Tho. L. 〈◊〉 Earl of Strafford was accused by the House of Commons of High Treason and Committed by the Lords to Mr. James Maxwell the Officer of the House And upon general Articles sent up He was upon Wednesday Novemb. 25. committed to the Tower It is thought and upon good Grounds that the Earl of Strafford had got Knowledge of the Treason of some Men and that he was preparing to accuse them And this Fear both hastned and heated the proceedings against him And upon Dec. 4. being Friday his Majesty at the great Importunity of some Lords of his Council gave way that his Council should be examined upon Oath in the Earl of Strafford's Case and I with others was examined that very Day There were great Thoughts of Heart upon this Business and somewhat vapoured out at Mens Tongues but the thing was done Now at and after the breaking up of the late Parliament Sir Hen. Vane at the private Committee concerning the Scotch Affairs before mentioned instead of setting down the Heads of the several Businesses then Treated of Writ down what every Man said at the Committee though it were but Matter of deliberation and debate Afterwards by a cunning conveyance between his Son who had been Governour in New-England and himself this Paper or a Copy of it was delivered to some Members of the House of Commons and in all probability was the Ground of that which was after done against the Lord Strafford my self and others and the Cause why the King was so hard pressed to have the Lords and others of his Council examined was that so Sir Henry Vane might upon Oath avow the Paper which his Son had seen and shewed and others be brought to witness as much had Truth and their Memories been able to say as much as his Paper After the examination of me and others concerning these Particulars there arose great and violent Debates in the House of Commons against the Bishops and particularly their Votes in Parliament After that Decemb. 16. 1640. they Voted against the late Canons as containing in them many Matters contrary to the fundamental Laws and Statutes of the Realm to the Rights of Parliaments to the Property and Liberty of the Subject and matters tending to Sedition and of dangerous Consequences I was made the Author of all and presently a Committee put upon me to inquire into my Actions and prepare a Charge The same Morning in the Upper-House I was Named as an Incendiary in an Accusation put in by the Scottish Commissioners For now by this Time they were come to that Article of the Treaty which reflected upon me And this was done with great noise to bring me yet further into Hatred with the People especially the Londoners who approved too well the Proceedings of their Brethren the Scots and debased the Bishops and the Church Government in England The Articles which the Scots put into the Upper House by the Hands of their Lords Commissioners against me Decemb. 15. were read there Decemb. 16. I took out a true Copy as it follows here And though I was to make no answer then till the House of Commons had digested them and taken as much out of them as as they pleased to fill my intended Charge withall yet because I after found that the House of Commons insisted upon very few of these particulars if any I thought my self bound to vindicate my Innocency even in these Particulars which shall now appear in their full strength against me if they have any in Wise and Learned Mens Judgments CAP. III THe Novations in Religion which are universally acknowledged to be the main Cause of Commotions in Kingdoms and States and are known to be the true Cause of our present Troubles were many and great besides the Books of Ordination and Homilies First some particular alterations in matters of Religion pressed upon us without Order and against Law contrary to the Form established in our Kirk Secondly a new Book of Canons and Constitutions Ecclesiastical Thirdly a Liturgy or Book of Common-Prayer which did also carry with them many dangerous Errours in matters of Doctrine Of all these we challenge the Prelate of Canterbury as the prime Cause on Earth I shall easily grant that Novations in Religion are a main Cause of Distempers in Commonwealths And I hope it will be as easily granted to me I am sure it should that when great Distempers fall into Kingdoms and Common-wealths the only way to ingage at home and get Credit abroad is to pretend Religion which in all Ages hath been a Cloak large enough to cover at least from the Eyes of the Many even Treasons themselves And For the present Troubles in Scotland Novations in Religion are so far from being known to be the true Cause as that it is manifest to any Man that will look upon it with a single Eye that Temporal Discontents and several Ambitions of the great Men which had been long a working were the true cause of these Troubles And that Religion was call'd in upon the bye to gain the Clergy and by them the Multitude For besides that which was openly spoken by the right Honourable James then Earl of Carlile that somewhat was a brewing in Scotland among some discontented there which wou'd break out to the Trouble of this Kingdom 't is most apparent there were many discontents among them Some whereof had no relation at all to Religion and were far antienter than the Troubles now began and were all Legally proved against the Lord Balmerino who was condemned of high Treason before any of these Stirs began For there were Grievances as they said propounded in the Convention Anno 1628. about Coyning and their black Money which they say were slighted again in the Parliament held 1633. Murmuring also there was as if the Articles and Parliament were not free Great Clamour likewise was there against the Bishops Power in choosing the Lords of the Articles though that Power belonged unto them by the fundamental Laws of that Kingdom As much against the Act of Revocation and the Taxations which yet were voluntarily offer'd and miscalled on purpose to edge the People As also for Applying as they said these Taxations to wrong uses With all which and more Religion had nothing to do Nay this discontented Party grew so High and so Bold that a very Base and Dishonourable Libel was made and spread against the King Anno 1633. by these and the like Pretences to alienate the Hearts of the People from him Of this Libel if one Hagg were the Authour Balmerino was the Divulger and so prov'd And though it be true that then also some things were to be done against the Church-government yet their
serve turns and to be carried about with every wind of vain Doctrine to serve and please other Mens Fancies and not a Man 's own either Understanding or Conscience Seventhly I think the greatest Enemies I have are of Opinion that if I would have turned to the Roman Party especially if I would have been such an active Instrument for them as this Article would make me I might have been welcome to them and should have been rewarded by them at least that I should have been made able to live in Credit if not in Honour And this being granted I would fain know what could stay me here save only my Conscience in and to the Truth Surely not any care of Wife and Children for I have them not And as this Storm drives upon me I most humbly and heartily bless God for it that I have not any of these Clogs to hang about me Not the Greatness of my Place For if in this present Tumble any thing be put either upon it or me that a knowing Conscience ought to check at the World shall soon see how little I value Canterbury in regard of Conscience Not the Honour of my place neither For if I stood upon that I cannot but see how Malice hath laid that in the Dust or lower if it may be And can any Man think then that I would indure so much hatred and so many base Libels as have filled the Streets against me and such bitter revilings of me in Print as the Gall of some Pens have cast upon me when I might go live elsewhere with Content and Reputation Sure nothing but Conscience could stay me here in such a Condition Not the Wealth to be gotten in my place For the Arch-Bishoprick of Canterbury is far short of the value put upon it according as I have given a faithful Account to his Majesty And if it were of never so great a value I have made it manifest to the World that Wealth is not my aim For whatsoever benefit hath accrewed to me over and above my necessary and decent Expences I have refunded back upon the Poor or the Publick or the Church from whence I had it as in better times Church-Men were wont to do So there could be no external motive to work upon me to make me stay here if my Conscience went along with Rome And my Conscience being not that way set as most certainly it is not no Man can so much as probably think I should with hazard of my Life and Honour and all things practise the Change of Religion and that against my Conscience Eighthly This scandalous false Report that I should Negotiate with the Pope and with Rome for the Change of Religion in this Kingdom was first spread by the Scots who shamelesly Printed it in these words Canterbury did Negotiate with Rome about the frame of our Service-Book and Canons c. Now if this be false why did they Print it And if it be true why do they desert it It comes a great deal more home than double all else they have said against me And yet it seems when they had considered better of it and found they could not make it good they left it quite out of those Articles which they preferred into the Parliament of England against me And I presume they would never have left that out which they had published in Print to the World could they have gotten any shew of Proof Immediately upon the arrival of this Pamphlet in England Court City and Country grew presently full of it that the Arch-Bishop of Canterbury had Negotiated with Rome about the alteration of Religion And since they have thus Defamed me and that in Print I do challenge Mr. Alexander Henderson who doubtless was either sole Author of that Remonstrance or had a great hand in it either to make it good against me or by like Publick acknowledgment of it in Print give me satisfaction for so foul a Calumny or to answer me when I shall not fail to challenge him for it at the Bar of Christ. Lastly I received Information out of Holland when his Majesty was last in the North that there was a Plot laid of a dangerous Treason against his Majesty's Life That this Treason was plotted here in England by Signior Con and his Complices and that these Contrivers took a deep dislike against me because they could not get within me nor make me pliable to their Projects about Religion and that they were so angry with me for it as that they resolved my Life must be first taken away before they could hope to get their Will of the King This Advertisement came to me from one that professed he was in the Bosom of Con and knew all the Secrets of his Imployments hither This business was first made known under an Oath of 〈◊〉 as I remember to Sir William Boswell his Majesty's Agent in Holland and it was ordered between them that his Papers should be sent over sealed to me as they were and that by an Express and a Charge to deliver them to no Hand but mine as he tendred the King's safety in regard so many Great Men were as he said in the Treason I sent away these Letters and Papers to his Majesty's own Hands and received direction what Answer I should give to Sir William Boswell At his Majesty's return at the beginning of this Parliament he named a Committee of Lords to hear this business and commanded me to bring the Papers thither This I did and they were all Read before his Majesty and the Committee Sir William Boswell's Letters and the other Papers are yet all in my Hands but it seems the Particulars could not all be got out Now this is a hard straight into which I am cast The Pope's Agent as 't is said plots my Death on the one side because I will not be wrought upon to help to bring in the Roman Superstition and the Parliament on the other side Articles to overthrow me out of a Jealousie that I go about to bring it in So that I am in the Prophet David's Case Ps. 31. For I also have heard the Blasphemy of the Multitude and fear is on every side while they conspire together against me and take their Counsel to take away my Life But my hope hath been and is in thee O Lord. And for the latter part of this Article it is utterly untrue that ever I either permitted or countenanced any Popish Hierarchy or Ecclesiastical Government to be Established in this Kingdom And if any such be Established it is more than I know to this Instant But this I am sure of and can prove that when the Queen's Almoner was to be made a Bishop I laboured as much against it as I could Whereupon he delayed the taking of his Bishoprick upon him for a good time And when divers Offers were made on his behalf and the Queen grew earnest for his Preferment I was called again
said that I did often wish from my Heart that His Majesty had kept the Army which he had at Barwick together but Eight or Ten Days longer And that I did not doubt but that if he had so done he might have had more Honourable Conditions of his Scottish Subjects This I said and more or otherwise I said not and whosoever shall relate them otherwise forgets Truth Now to say that His Majesty might have had more Honourable Conditions doth not infer that the Pacification then made was upon Dishonourable Conditions but only upon less Honourable than it might have been And I had great Reason to observe my own words and remember them because I saw some Lords at the Table touched with them perhaps in their own Particulars Nor was I alone in this Judgment For my Lord the Earl of Holland though he then said nothing at the Council-Table yet at his first return from Barwick his Lordship did me the Honour to come and see me at Lambeth And in the Gallery there while we were discoursing of the Affairs in the North of himself he used these words to me That His Majesty did too suddenly dissolve his Army there indeed so suddenly that every body wondered at it And that for his part he was so sorry especially for the dismissing of all the Horse which he said were as good as any were in Christendom And farther that he offer'd His Majesty to keep one Thousand of them for a Year at his own and his Friends Charge till the King might see all things well setled again in Scotland By which it is apparent that in his Lordships Judgment things might have been better had not that Army been so suddenly dissolved And I hope it was no Sin in me to wish the best success and the most Honour to the King's Affairs Now that which moved me to say thus at the Council-Table was this The last Article in the Pacification was To restore to every one of His Majesties Subjects their Liberties Lands Houses Goods and Means whatsoever taken and detained from them by whatsoever means since the aforesaid time But within two Days or three at the most after the Pacification agreed upon and concluded the Lord Lindsay made an open and publick Protestation either in the Camp at Dunns or at the 〈◊〉 in Edenburgh or both that no Clergy Man his Goods or Means was included in the Pacification Which yet expresses every one of His Majesties Subjects And this I did then conceive and do still was a very bold audacious Act of that Lord very injurious to the Poor Clergy and not so Honourable for the King And this made me say and I say it still His Majesty might have had more Honourable Conditions and his Pacification better kept had he continued his Army but Eight or Ten Days longer For in all probability the Scots could not so long have continued their Army together And I did farther conceive that by this Act of the Lord Lindsay in protesting and by the Scots making his Protestation good against the Clergy there was a direct and manifest Breach of the Pacification on their behalf And then though I saw no Reason why the King should be bound to keep that mutual Pacification which they had broken for a Knot must be fast at both ends or loose at both Yet remembring my Calling I did not Incense His Majesty against his Subjects in Scotland nor did hereupon advise the undertaking of an Offensive War against them nor ever give other Counsel in this Particular than what I openly gave before the Lords either in the Committee or at the Board And there my Concurring in Opinion with all the rest of the Lords was I hope no other nor no greater fault than in them though I be thus singled out And for the Pacification I shall say thus much more Though I could with all my Heart have wished it more Honourable for the King and more express and safe for my Brethren of the Clergy yet all things Considered which were put unto me I did approve it For before the Pacification was fully agreed upon His Majesty did me the Honour to write unto me all with his own Hand In this Letter He Commanded me all delay set apart to send him my Judgment plainly and freely what I thought of the Pacification which was then almost ready for conclusion I in all Humility approved of the Pacification as it was then put to me and sent my Answer presently back and my Reasons why I approved it Little thinking then but that my Poor Brethren the Bishops of Scotland should have had all restored unto them according to the Article of the Pacification before recited or at least for so long till they had defended themselves and their Calling and their Cause in a free General Assembly and as free a Parliament Now this was ever assumed to me should be done and to procure this was all which the Bishops seemed to desire of me And for the Truth of this I appeal to His Majesty to whom I writ it And to my Lord Marquess Hamilton to whom the King shewed my Letter As my Lord Marquess himself told me at his return And to Dr. Juxon Lord Bishop of London then Lord High Treasurer of England to whom I shewed my Letter before I sent it away And this is all I did concerning the Pacification 14. That to preserve himself from being questioned for these and other his Trayterous Courses he hath laboured to subvert the Rights of Parliament and the Ancient Course of Parliamentary proceedings And by false and malicious Slanders to incense His Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his Allegiance laboured to alienate the Hearts of the Kings Liege People from his Majesty to set a Division between them and to 〈◊〉 and Destroy his Majesty's Kingdoms For which they do impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity I did never Labour to subvert the rights of Parliaments or the antient Course of their Proceedings And not doing it at all I could not do it to keep my self from being questioned Much less did I by any malitious Slanders or any other way incense his Majesty against Parliaments nor ever thereby labour to alienate the Hearts of the King's Liege People from his Majesty nor to set any Division between them or to Ruine and Destroy his Majesty's Kingdoms And am no way Guilty in the least Degree of High Treason against our Soveraign Lord the King his Crown and Dignity It is true I have been much and very often grieved to see the great distractions which have happened of later Years both in King James his time and since about the Breaches which have been in Parliaments And I have as heartily wished and to my Power endeavoured that all Parliaments which have been called might come to their Happy Issue and end in the Contentment of
the King and his People And I have ever been of Opinion and I shall Live and Dye in it That there can be no true and setled Happiness in this or any other Kingdom but by a fair and Legal as well as Natural Agreement between the King and his People and that according to the Course of England this Agreement is in a great proportion founded upon Parliaments Now Parliaments as I humbly conceive can never better preserve their own Rights than by a free and honourable way to keep up the Greatness and Power of their King that so he may be the better able against all Forreign Practices to keep up the Honour as well as the Safety of the Nation both which usually stand or fall together And if any particular Mens Miscarriages have distempered any Parliaments and caused or occasioned a Breach I have upon the Grounds before laid been as sorry as any Man for it but never contributed any thing to it And I hope it is not Criminal to think that Parliaments may sometimes in some things by Misinformation or otherwise be mistaken as well as other Courts This in conclusion I clearly think Parliaments are the best preservers of the Ancient Laws and Rights of this Kingdom But this I think too that Corruptio optimi est Pessima that no Corruption is so bad so foul so dangerous as that which is of the best And therefore if Parliaments should at any time be misguided by practice of a 〈◊〉 Party nothing then so dangerous as such a 〈◊〉 because the highest Remedy being Corrupted 〈◊〉 〈◊〉 sure Redress left at all And we had a lamentable 〈◊〉 of such a Parliament 〈◊〉 Hen. 4. was set up For that 〈◊〉 was the Cause of 〈◊〉 the Civil Wars and that great 〈◊〉 of Blood which followed soon after in this Kingdom God make us mindful and careful to prevent the like The said Commons do farther aver that the said William Arch-Bishop of Canterbury during the time in which the Treasons and Offences afore-named were Committed hath been a Bishop or Arch-Bishop in this Realm of England one of the King's Commissioners for Ecclesiastical Matters and of his Majesty's most Honourable Privy Council And that he hath taken an Oath for his Faithful discharge of the said Office of Counsellor and hath likewise taken the Oath of Supremacy and Allegiance And the said Commons by Protestation saving to themselves the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Arch-Bishop and also of replying to the Answers that the said Arch-Bishop shall make unto the said Articles or to any of them and of offering farther Proof also of the Premises or any of them or of any other Impeachment or Accusation that shall be exhibited by them as the Case shall according to the Course of Parliaments require do pray that the said Arch-Bishop may be put to answer to all and every the Premises and that such Proceedings Examinations Tryal and Judgment may be upon every of them had and used as is agreeable to Law and Justice This is the Conclusion of these general Articles then put up against me and is added only for Form and so requires no Answer from me But in the Close they of the House of Commons make two Petitions to the Lords and both were granted as 't is fit they should The one is That they may add farther Accusations or farther Proof of this as the Course of Parliaments require And I refuse no such either Accusation or Proof so the due Course of Parliaments be kept The other is That there may be such Proceedings Examinations Tryal and Judgment as is agreeable to Law and Justice And such Proceedings my Innocency can never decline But whether the Proceedings hitherto against me be according to the Antient Proceedings in Parliament or to Law and Justice I leave Posterity to judge Since they which here seem so earnestly to call for Examinations Tryal and Judgment have not to this Day proceeded to any Tryal nay have not so much as brought up any particular Charge against me it being almost a full Year since they brought up this general Charge and called for Examinations and Tryal and yet have kept me in Prison all this while to the great Weakning of my Aged Body and Waste of my poor Fortunes And how much longer they mean to keep me there God knows Whereas all that I do desire is a Just and Fair Tryal with such an Issue better or worse as it shall 〈◊〉 God to give CAP. VIII WHen these Articles had been Read unto me in the Upper House and I had spoken to the Lords in a general Answer to them what I thought fit as is before expressed I humbly desired of the Lords this being upon Friday Feb. 26. that my going to the Tower might be put off till the Monday after that so I might have time to be the better fitted for my Lodging This I humbly thank their Lordships was granted I returned to Mr. Maxwell's Custody and that Afternoon sent my Steward to Sir William Balfore then Lieutenant that a Lodging might be had for me with as much convenience as might be On Munday March 1. Mr. Maxwell carried me in his Coach to the Tower St. George's Feast having been formerly put off was to begin that Evening By this means Mr. Maxwell whose Office tied him to attendance upon that Solemnity could not possibly go with me to the Tower at Evening as I desired Therefore Noon when the Citizens were at Dinner was chosen as the next fittest time for Privateness All was well till I passed through Newgate Shambles and entred into Cheapside There some one Prentice first Hallowed out more and followed the Coach the Number still increasing as they went till by that time I came to the Exchange the shouting was exceeding great And so they followed me with Clamour and Revilings even beyond Barbarity it self not giving over till the Coach was entred in at the Tower-Gate Mr. Maxwell out of his Love and Care was extreamly troubled at it but I bless God for it my Patience was not moved I looked upon a higher Cause than the Tongues of Shimei and his Children The same Day there was a Committee for Religion named in the Upper House of Parliament Ten Earls Ten Bishops and Ten Barons So the Lay Votes will be double to the Clergy that they may carry what they will for Truth This Committee professes to meddle with Doctrine as well as Ceremonies and to that end will call some Divines to them to consider of and prepare Business This appears by a Letter sent by Dr. Williams then Lord Bishop of Lincoln now Lord Arch-Bishop of York to some Divines which were named to attend this Service The Copy of the Letter follows WIth my best Wishes unto you in Christ Jesus I am Commanded by the Lords of the Committee for Innovations in Matters of
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-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
to lay hold of that Opportunity to be rid of the Scots But so good and so quick was the Intelligence from some of the Lords that the House of Commons was risen before the Messengers from the Lords could get thither and so the Conference was not only prevented but things so ordered that the Scots stayed in England till the middle of August following at a marvellous great Charge to the Kingdom and with what Wrong and Dishonour to King and Kingdom let Posterity Judge Before the Death of the Earl of Strafford the Libels came out thick and very Malitious against him And all this to whet the Malice that was against him and make the People more greedy for his Death But no sooner was he gone into his Rest but the Libellers which during that time reviled him fell on me and no question but to the same end And the Libels and Ballads against me were frequently spread through the City and sung up and down the Streets And I thank God for it they were as full of Falshood as Gall. Besides they made base Pictures of me putting me into a Cage and fastning me to a Post by a Chain at my Shoulder and the like And divers of these Libels made Men sport in Taverns and Alehouses where too many were as Drunk with Malice as with the Liquor they sucked in Against which my only Comfort was that I was fallen but into the same Case with the Prophet David Psal. 69. For they that sat in the Gate spake against me and I was the Song of the Drunkards About this time I fell into a Tertian Ague which was Comfortless in a Prison But I humbly Praise God for it after seven or eight Fits he restored me to my Health the only Comfort which I have under him in this time of my Affliction CAP. X. UPon Wednesday June 23. I acquainted His Majesty by my Lord of London that now I had answered all Complaints come against me concerning the Vniversity of Oxford I thought it requisite for me to Resign the Chancellorship of that place And I gave His Majesty such Reasons as he approved for my so doing And the truth is I suffered much by the Clamours of the Earl of Pembroke who thought it long till he had that place which he had long gaped for And after the Cloud was once spread over me spared me in no Company though I had in all the time of my Prosperity observed him in Court more than ever he had deserved of me And I had reason notwithstanding all his causless Heat to keep the place till I had justified my self against the Towns-Mens Petition to the Lords wherein they Charged me with no less than Treason for setting out a Proclamation about Regulating the Market in my own Name But I made it appear to the Lords that I did no more therein than the Earl of Leicester in Queen Elizabeth's time or the Earl of Dorset in King James his time did before me when they were Chancellors of that Vniversity And I was able to shew the Lords and did so the Copies of both their several Proclamations in Print in their own Names And farther I made appear by the Vniversity Records that the Chancellors for the time being had frequently done it ever since the time of King Edward 3 And that the Lord Mayor of London and other Mayors having the Clark-ship of the Market as the Chancellors of Oxford have and not the Mayor do it daily So this great and most Malicious Complaint of the City of Oxford vanished when they and some body else for them had shewed their Teeth but could not bite But having ended this Business and my Vice-Chancellor whom I was not willing to Expose to anothers hand had finished his Year and that according to Duty I had given His Majesty an Account of the Business I pursued my Resolution And upon Friday June the 25th I sent down my Resignation of the Chancellorship of Oxford to be Published in Convocation which was done accordingly and the Earl of Pembroke had his desires and was chosen into it God bless the Vniversity there-while and grant they may never have need of me now unable to help them On Tuesday August 10. His Majesty rode away Post into Scotland the Parliaments Sitting in both Kingdoms and the Armies not yet dissolved There was great Scanning about this Journey And the House of Commons sent some Commissioners thither as the Scots had some here Among the Scotch Commissioners the Prime Man was the Earl of Róthes who also was one of the greatest and most Zealous Leaders of the Scottish Rebellion under the pretence of Religion and a deadly Enemy to the Earl of Strafford and was heard to say more than once they would have his Head And they had it But much about this time Rothes his Zeal was so hot among the Ladies and the Citizens Wives that he fell very foully into the Pox And divers of his Friends as they told me themselves going to visit him were not admitted to see him and at last he was conveyed from London to Richmond by his Aunt the Lady Roxborough where he dyed But this base and dishonourable End of his in Rottenness they concealed as much as they could What the King did in Scotland hath no Relation for ought I yet hear to this poor Story of mine And the Parliament here made a Recess Aug. ... till Octob. ..... leaving a considerable Committee Sitting to prepare Business against the House met again During this Recess there was all silence concerning me And as is conceived upon this Ground Because before the Recess the Committee appointed for that Business failed in some Proofs which they well hoped should have reached me home in Matters of Religion and thereupon have done little since And the Libels since that time have neither been so frequent nor so Malicious against me God quiet this Storm though I praise God I know not why it was raised so high against me On Thursday September 23 1641. Mr Adam Torless my Ancient Loving and Faithful Servant and then my Steward after he had served me full Forty and Two Years dyed to my great both loss and grief For all my Accounts since my Commitment were in his Hands and had he not been a very Honest and Careful Man I must have suffered much more than I did yet I suffered enough besides the loss of his Person who was now become almost the only Comfort of my Affliction and my Age. So true it is that Afflictions seldom come single CAP. XI DUring the Recess of the Parliament Sir Hen Martyn dyed and I made Dr Merricke Judge of the Prerogative Dr Duck missing his hopes of this Office by his own absence and default and finding me under this thick Cloud hoped to have wrested this Office out of my Hands and his to whom I had given it This was one of the basest and most ungrateful parts that
terrifie Men of great Resolution and much Constancy they do in all Humility and Duty protest before your Majesty and the Peers of this most Honourable House of Parliament against all Votes Resolutions and Determinations and that they are in themselves null and of no effect which in their absence since the Twenty Seventh of this instant Month December 1641. have already passed and likewise against all such as shall hereafter pass in that most Honourable Assembly during such time of their forced and violented absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Noble House might proceed in all these Premises their absence and Protestation notwithstanding And humbly beseecheth your Most Excellent Majesty to command the Clerk of the House of Peers to enter this their Petition and Protestation in their Records They will ever pray God to bless and preserve c. Jo. Eborac Williams Geo. Hereford Coke Tho. Duresme Moorton Rob. Oxon Skinner Rob. Co. Lich. Wright Ma. Ely Wren Jos. Norwich Hall Godfr Glouc. Goodman Jo. Asaphen Owen Jo. Peterburg Towers Guil. Ba. Wells Pearce Mor. Llandaff Owen On Tuesday January 4. his Majesty went into the House of Commons some number of Gentlemen accompanyed him to the Door but no farther There he demanded the Persons of Mr. Denzil Hollis Sir Arthur Haselrigge Mr. Jo. Pymm Mr. Jo. Hampden and Mr. William Strode whom together with the Lord Kimbolton Sir Ed. Herbert his Majesty's Attorney General had the day before charged with High Treason in the Vpper House upon seven Articles of great consequence It seems they had information of the King 's coming and were slipt aside This made a mighty noise on all hands But the business was so carried that the House adjourned to sit in a Committee at Guild-Hall and after at the Grocer's-Hall Where things were so Ordered that within two or three days these Men were with great salutes of the People brought and in a manner guarded to the Committee and after to the House at Westminster and great stir made to and fro about the Accusation of these Men and the breach of the Priviledges of Parliament by his Majesty's coming thither in that manner Things were carried in a higher strain than ever before The King left the City and withdrew privately first to Hampton-Court after that to Windsor Many puttings on and puttings off concerning this and other great Affairs between the King and the House All which I leave to publick Records as not concerning this poor History Yet could not omit to say thus much in the general because much of the Church-business as well as the States and much of mine as well as the Churches will depend upon it CAP. XII UPon Thursday January 20. upon no Complaint that I know for I am sure I never deserved any in that kind there was an Order made in the Lords House to take away my Arms. They stood me in above Three Hundred Pounds I provided them for the Service of the State as Need might require I never employed any of them to any the least Disservice of it nor ever had thought to do Yet the Order is as follows both to my Disgrace to have them so taken from me and to my loss for though the Sheriffs of London be to take them upon Inventory yet of whom shall I demand them when they are out of their Office Die Jovis 20. Jan. 1641. IT is this Day Ordered by the Lords in Parliament That the Sheriffs of the City of London or either of them shall receive by inventory all such Ordnance and other Arms as belong to any private Persons which are to be kept to their Uses remaining now at Fox-Hall Canterbury-House the Arch-Bishop of York's House in Westminster and in the Bishop of Winchester's House a fit proportion of Arms being left at each Place for necessary Security thereof The said Sheriffs being to receive their Directions from a Committee lately appointed by the Parliament But the Intents of the Lords are and it is farther Ordered that such Ordnance and Arms as do belong to his Majesty shall be forthwith sent unto the King's Magazine in the Tower Upon Saturday Feb. 6. the Bill passed That the Bishops should have no Votes in Parliament nor have to do in Civil Affairs This was mightily strugled for almost all this Session and now obtained The Bishops have ever had this in Right and Possession ever since there was any use of Parliaments in England which the antientest Family of the Nobility which now sit there and thrust them out cannot say There was great Joy upon the Passing of this Bill in both Houses and in some Parishes of London Ringing and Bonfires The King gave way to this Bill and so that is setled And if it after prove that the King and Kingdom have Joy in it it is well But it may be that the Effects of this Eclipse may work farther than is yet thought on and the Blackness of it darken the Temporal Lords Power more than is yet feared And here I must tell you two Things The one that for the compassing of their ends in this Bill the nowbecome-usual Art was pursued and the People came in Multitudes and Clamour'd for the outing of the Bishops and the Popish Lords Votes so they were still joyned out of the House Insomuch that not the People of London only but Petitioners were brought out of divers Counties with Petitions either sent unto them or framed ready for them here against they came and they in every Petition for preservation of the Priviledges of Parliament desired the taking away of the Bishops and the Popish Lords Votes out of the House as if it were a common Grievance The other That now the Bishops have their Votes taken away by Act of Parliament you shall not see in haste any Bill at all Pass for taking away the Votes of the Popish Lords which will infer this as well as some other things That these were joyned together to make the Bishops more odious to the People as if they were Popishly affected themselves and to no other end The Court removed from Windsor to Hampton-Court and on Thurs-Day Febr. 10. The King and Queen came to Greenwich and on Friday Febr. 11. they went from thence toward Dover the Queen resolving to go into Holland with her young Daughter the Princess Mary who the Year before was Married to the Prince of Aurange his Son But the true Cause of this intended Journey was to be out of the Fears Discontents and Dangers as she conceived of the present Times And doubtless her Discontents were many and great and what her Dangers might have been by staying or may be by going God alone knows His Majesty while he was upon that Journey sent a Message to both Houses This was Printed Febr. 14. By this the King puts all
Stisted in Essex was fallen void and in my Gift The E of Warwick was an earnest Suitor to me for it for one Mr Clark I delayed having Six Months time by Law to dispose of my Benefices During this delay Mr Richard Howlett a Batchelour of Divinity and a Man of very good worth a Dean in Ireland was by the Rebels there turned out of all he had and forced for safety of his Life to come with his Wife and Children into England His Wife was my near Kinswoman At their coming over I was forced to relieve them else they might have begged Hereupon I resolved in my self to give Stisted to Mr Howlett and to gratifie Mr Clark with something after Nothing doubting but that the Parliament would readily give way in such a case of Necessity for so worthy a Man as Mr Howlett was known to be While these things were in my Thoughts two other great Benefices fell into my disposal Bocking and Lachingdon both in Essex Presently the Parishioners Petition me They of Bocking for Dr Gawden a Chaplain of the Earl of Warwick's They of Lachingdon that they might chuse their own Minister I gave a fair Answer to both but reserved my self Then I was pressed with Letters from the Earl of Warwick for Dr Gawden My Answer was I could not gratifie Dr Gawden with Bocking and Mr Clark with Stisted Then Dr Gawden brings me a very earnest Letter but very Honourable from the Earl of Hertford When I saw my self thus pressed I resolved to name fit Men to all three Benefices presently and see how the Parliament would be pleased to deal with me Before I did this I thought fit to make a fair Offer to the Earl of Warwick who by Dr Gawden's intreaty came to me to the Tower I freely told his Lordship my Resolution which was that at the desire of his Lordship and my Honourable Friend the Lord Marquess of Hertford I would give Bocking to Dr Gawden Lachingdon to Mr Howlett in regard of his Alliance to me and his present Necessities and Stisted to Mr Newested to whom I was pre-ingaged by Promise to my Ancient worthy Friend Sir Tho Rowe whom Mr Newested had served in his Embassages seven Years and for Mr Clark he should have the next Benefice which fell in my Gift for his Lordship's sake His Lordship seemed to be very much taken with this Offer of mine and promised me and gave me his Hand upon it that he would do me all the kindness he could that these my Nominations might pass with the Lords Upon this I rested and according to my Promise Petitioned the Lords as is expressed Upon the Reading of this Petition the Lords Order'd me presently to Collate Bocking upon Dr Gawden which I did the Order being brought unto me the next Day But for the other two the Lords took time to consider The Earl of Warwick was then present in the House and as I am informed said little or nothing This made me fear the worst And therefore I advised Mr Howlett to get a full Certificate of the Lord Primate of Armagh both for Life and Learning and attend with it at the Parliament to make the best Friends for himself The Business stuck still At last he met with the Lord Kimbolton who presently made all Weather fair for him And upon his Lordships motion to the House an Order passed for Mr Howlett to have Lachingdon The Motive this Mr Howlett was Fellow of Sidney College in Cambridge and Tutor at that time to two Sons of the Lord Mountague the Lord Kimbolton's Uncle At which time also the Lord Kimbolton himself was a Student in the same College and knew the Person and worth of Mr Howlett This his Lordship Honourably now remembred else it might have gone hard with Mr Howlett's Necessities So upon the Order thus obtained I Collated Lachingdon upon him After this the Earl of Warwick went Lord Admiral to Sea by appointment of the Parliament And forthwith I was served with another Order to give Stisted to Mr Clark Hereupon I Petitioned again and set forth my Resolutions and Ingagements to Sir Tho Rowe And Dr Gawden having told me that the Earl of Warwick had left that Business for me in trust with the Lord Roberts I made bold to write to his Lordship and intreat his lawful Favour The Lord Roberts denied that any such Order or Care of that Business was left with him nor would he meddle in it but referred me to the Lord Kimbolton who still followed the Business close for Mr Clark By all which it appeared to me that the Earl of Warwick had forgotten his Promise to me to say no more Soon after I received another Order to give Stisted to Mr Clark To this I answered again by Petition but with like Success For another Order came forth Peremptorily to Command me to give Stisted to Mr Clark But it so fell out that this Order was not brought to me till Ten Days after the Date I sent my Councel to attend the Lords that I might not fall into Contempt The Business was not then called on and by the Sixteenth of the same Month Stisted fell in Lapse to His Majesty So I lost the giving of the Benefice and some body else their Ends upon me CAP. XVI ON May 15. Sunday I made a shift between my Man and my Staff to go to Church There Preached one Mr Joslin His Text Judge 5 23. Curse ye Meroz c. To pass over what was strangely Evil thoroughout his Sermon his Personal Abuse of me was so foul and so palpable that Women and Boys stood up in the Church to see how I could bear it And this was my first Welcome into the Church after my long Lameness But I humbly thank God for it I bare his Virulence patiently and so it vanished As did much other of like Nature which I bare both before and after this God forgive them After this I had some quietness most Particulars lying dead out of several respects unknown to me But all things grew higher and higher between the King and the Parliament to the great Dammage and Distraction of the Kingdom God of his Mercy send a speedy and a blessed Issue and preserve his Majesty the Kingdom and this poor Church from Ruin But I much fear our Sins are ripe for a very great if not a final Judgment Friday August the 19. Captain Royden and his Company by Order of Parliament came about seven of the Clock in the Evening to my House at Lambeth to take away my Arms. They stayed there all Night and searched every Room and where any Key was not ready brake open Doors And the next Morning they carried my Arms away in Carts to Guild-Hall London and I was sufficiently abused all the way by the People as my Arms passed They gave out in London there were Arms for Ten Thousand Men whereas there was not enough for
The same day it was Ordered by the Honourable House of Commons that Mr Glyn Mr. Whitlock Mr. Hill or any two of them should take care for the securing of the Publick Library belonging to the See of Canterbury the Books Writings Evidences and Goods in Lambeth-House and to take the Keys into their Custody And a Reference to the Committee to prepare an Ordinance for the regulating of Lambeth-House for a Prison in the manner as Winchester-House is regulated And upon Jan. 5. a final Order from both Houses came for the setling of Lambeth Prison In which Order it was included that all my Wood and Coal then in the House should remain there for the use of the Souldiers And when Motion was made that I might have some to the Tower for my own necessary use it would not be hearkned to There was then in the House above two hundred pounds worth of Wood and Coal which was mine The next day I received a Letter from the Earl of Manchester commanding me in the Name of the House to give All-Hallows-Bredstreet to 〈◊〉 Seaman This I was no way moved at because I had before expressed my self to my Lord of Northumberland that I would give this Benefice out of my Respects to his Lordship to Mr. Seaman his Chaplain Yet I cannot but observe that though this was made known to the Earl of Manchester yet he would not forbear his Letter that the Benefice might be given by Order and not seem to come from any Courtesie of mine to that Honourable Person CAP. XVII ON Thursday January 26. the Bill passed in the Lords House for abolishing of Episcopacy God be merciful to this sinking Church By this time the Rectory of Chartham in Kent was fallen void by the Death of the Dean of Canterbury and in my Gift It was a very good Benefice and I saw it would create me much trouble in the Collating of it The first onset upon me for it was by Dr. Heath and it was to give it to Mr. Edward Corbet of Merton-College of which House Dr. Heath had formerly been Very earnest he was with me and told me the Lord General was earnest for him and that it would be carried from me if I did it not willingly which I were better do My Answer was I could not help that But Mr. Corbet had many ways disserved me in Oxford and that certainly I would never give it him So we parted And though I could not be jealous of Dr. Heath yet neither could I take it well And on Tuesday Feb. 14. I received a Letter from his Majesty bearing Date January 17. in which Letters the King Commands me to give Chartham to one Mr. Reading a Man of good Note in the Church or if I were otherwise Commanded by Parliament not to give then to Lapse it to him that he might give it I returned a present Answer by word of Mouth and by the same Messenger that I would either give or Lapse the Benefice as his Majesties Gracious Letters required of me I was now in a fine Case between the King and the Parliament One I was sure to offend Yet these Letters of the King 's came happily in one respect For that very Afternoon the Earl of Warwick came to me to the Tower and after a few fair words bestowed on me drew out an Order of Parliament to give Chartham to one Mr. Culmer who his Lordship said was a very worthy Man and perhaps I might have believed his Lordship had I not known the contrary But I well knew him to be ignorant and with his Ignorance one of the most daring Schismaticks in all that Country This Order of Parliament bare Date Febr. 4. but was not shewed me till then My Answer to my Lord was that I had received a Letter from his Majesty which required me to give that Benefice to another Man or else Lapse it to him and therefore humbly desired his Lordship to do me good Offices in the Honourable House considering in what difficulties I was and how many great Livings I had given by Orders of Parliament and none at the King's Command till now So we parted After this Mr. Culmer came to me about the Benefice and protested his Conformity to the Church I think the Man forgot that I knew both him and his ways I told him I had given my Lord of Warwick my Answer But Mr. Culmer rested not so But got a Servant of mine down the Stairs to him and there was very earnest with him to know whether it were not possible to work me to give him Chartham And then out of the abundance of his honesty and worthiness offer'd my Servant a Hundred and Fifty Pound to procure him the Benefice And added that he should have no cause to distrust him for he should have the Money presently paid him This is as worthy a piece of Symony as need to be And but that the Earl of Warwick is a Man of Honour and unfit to stoop to such base Courses it is enough to make a Man think Mr. Culmer would have been very thankful to his Lordship for so much pains as to come to the Tower and solicit for him The Earl of Warwick at his next opportunity in the House told the Lords that whereas they had made an Order that the Arch-Bishop of Canterbury should give Chartham to Mr. Culmer a very worthy Preacher he had been with me himself about it and that I pretended Letters from the King and refused to obey their Order This was like to have stirred great Heat against me but that a Lord stood up and doubted of the Order Putting them in Mind that the Lord General was ingaged for this Benefice for Mr. Corbet and had left the Care of it upon himself and some other Lords in his absence Hereupon there was inquiry made when and how that Order passed for Culmer and it was found to be slipped out at a very empty House So the Earl of Warwick excused the Matter that he knew not of the Lord General 's purpose and so the Business slept and never awaked more for Culmer The Lord Brook was now in Action A bitter Enemy he was to the Church and her Government by Bishops On March 2 he was going to give Onset upon the Close of the Cathedral at Lichfield And as he was taking view of the place from a Window in a House opposite to the Close and his Bever up so that a Musket at such a distance could have done him but little harm yet was he Shot in the left Eye and killed Dead in the place without speaking one word Whence I shall observe three things First that this great and known Enemy to Cathedral-Churches died thus fearfully in the Assault of a Cathedral A fearful manner of Death in such a Quarrel Secondly that this happened upon Saint Chads Day of which Saint the Cathedral bears the Name Thirdly that this Lord coming from Dinner about
two Years since from the Lord Herbert's House in Lambeth upon some Discourse of St. Paul's Church then in their Eye upon the Water said to some young Lords that were with him that he hoped to live to see that one Stone of that Building should not be left upon another But that Church stands yet and that Eye is put out that hoped to see the Ruins of it Many heavy Accidents have already fallen out in these unnatural Wars and God alone knows how many more shall before they end But I intend no History but of my own sad Misfortunes nor would I have mentioned this but that it relates to the Church which for my Calling sake I take as a part and a near one of my self On Friday March 24. one Mr. Ford came to me to the Tower and told me there was a Plot to send me and my Lord of Ely Bishop Wren as Delinquents to New England within fourteen days And that Mr. Wells a Minister that came thence offer'd Wagers of it The Meeting where he heard this was he said at Mr. Barnes a Mercers House in Friday-Street a Son in Law of Mr. Fords This Gentleman told me he was a Suffolk man but I never saw him before and was doubtful of the Truth of his Relation Partly because I knew no motive he had to take such care of me being a Stranger to him And partly because it could not sink into me that the Honourable Houses after so long Imprisonment would send me into such a Banishment without hearing me or my Cause Yet he protested the truth of it very deeply and wished me to endeavour to prevent it That I knew not how to do For to Petition against it upon such a private Information might rather call it on than keep it off seeing what an edge there was against me Therefore I referred my self to God my constant Anchor and so rested my Thoughts as well as I could It was now known in the House to the Lord General 's Friends that I had a resolution not to give Chartham to Mr. Corbet And it may be it was thought also that I did but pretend the Kings Letters about it and that if some other Man were named against whom I had no Exception it might be that I would give it And if I did give it then they should discover that either I had no Letters from the King Or that I could make bold to dispence with them so Mr. Corbet were not the Man And if they could have gained this upon me that notwithstanding his Majesties Letters I would have given that Benefice to another man they would then have recalled their Order from him and commanded me for Mr. Corbet That this my Conjecture hath Truth in it seems evident to me by all the future carriage of this Business For one Mr. Hudson came and Preached at the Tower and gave all men very good content And on Tuesday March 28. he brought me an Order from the Lords requiring me to give Chartham to him And this Order was known in the Tower For some Prisoners of Note said I might do well to give it him being so good a Preacher My answer to him was fair yet I told him truly that the King had written to me for another That I had promised to give it or lapse it as his Majesty required me That the King never asked any of me till now That I hoped the Parliament would not take it ill that I gave this one at the Kings requisition since I had already given as many Benefices upon their Orders as came to above Eight hundred Pounds a year passing by my own Friends and Chaplains honest and able men And for his particular I might live to pleasure him with another so I were not over-pressed concerning this Hudson either mistook my Answer or wilfully misreported it and me to the House and thereupon came another Order to me of April 11. to give him Chartham I was not willing to be mistaken again and therefore desired Mr. Lieutenant to deliver me a Petition to the House on Thursday Apr. 13. in which I set forth my true Answer as is above expressed and in all Humility desired their Favour That very day another quick Order was made for Hudson and brought to me the next day April 14. I Petitioned the House again the same day with all submission yet professed that I could not disobey the King in so fair a Command When all this would not serve the Mask was pulled off and a peremptory Order bearing date April 21. was brought to me on Saturday April 22. to Collate Chartham upon Mr. Edw. Corbet And upon Monday April 24. I humbly gave my Answer as before but in the softest Terms I could express it and in a Petition Monday May 1. the Windows of my Chappel at Lambeth were defaced and the Steps to the Communion-Table torn up And on Tuesday May 2. the Cross in Cheapside was taken down to cleanse that great Street of Superstition The same day in prosecution of the former Plot March 24. it was moved in the House of Commons to send me to New England but it was rejected The Plot was laid by Peters Wells and others of that Crew that so they might insult over me Then followed an Exemplary piece of Justice and another of Mercy Of Justice For my Goods in Lambeth-House and my Books were seized upon and my Goods set to Sale by Captain Guest Dickins and Layton And my Goods were sold and scarce at a third part of their worth all save what Layton took to himself who usually said all was his House Land Goods and all This was on Tuesday May 9. And all this before any Proceedings had against me And of Mercy For the same day there came out an Order for my farther Restraint that I might not go out of my Lodging without my Keeper so much as to take Air. Much about this time I received another Letter from his Majesty in which he requires me as he had formerly done for Chartham in particular that as oft as any Benefice or other Spiritual Promotion whatsoever should fall void in my Gift I should dispose it only to such as his Majesty should name unto me Or if any Command lay otherwise upon me from either or both Houses of Parliament I should then let them fall into Lapse that he might dispose of them to Men of worth Upon Tuesday May 16. there came out an Ordinance of both Houses for now the Order was grown up into an Ordinance requiring me to give no Benefice or Spiritual Promotion now void or to be void at any time before my Trial but with leave and Order of both Houses of Parliament This Ordinance was delivered unto me the next day And upon the reading of it I foresaw a Cloud rising over me about this Business of Chartham for which I did assure my self the Ordinance was made And soon
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
to give an easie Account for this But whereas I said the Repair of St. Pauls was a strange piece of Treason And they presently Replyed that they did not Charge the Repair upon me but the Manner of doing it by demolishing of Mens Houses To that I Answered as follows with this first that the Work hath cost me above One Thousand and two Hundred Pounds out of my own Purse besides all my Care and Pains and now this heavy Charge to boot No one Man offering to prove that I have Mis-spent or diverted to other use any one Penny given to that work or that I have done any thing about it without the Knowledge Approbation and Order of his Majesty or the Lords of the Council or both To the Particulars then For the three Orders taken out of the Council-Books I shall not need to repeat them But what is the Mystery that these Orders are reckoned backward the last first Is it to aggravate as if it rose by steps That cannot well be because the first Order is the Sourest if I conceive it right Besides here was real Composition allotted for them and that by a Committee named by the Lords not by me And I think it was very real for it Cost Eight or Nine Thousand Pounds as appears upon the Accounts meerly to take down the Houses which had no Right to stand there before we could come at the Church to Repair it And if any thing should be amiss in any of these which is more than I either know or believe they were the Council's Orders not mine And shall that be urged as Treason against me which is not Imputed to them so much as a Misdemeanour Besides the Lords of the Council are in the ancient Constitution of this Kingdom one Body and whatsoever the Major Part of them concludes is reputed the Act of the whole not any one Man's And this I must often Inculcate because I see such Publick Acts like to be heaped upon my Particular 1. The first Witness about this Business of St. Pauls is Mich. Burton and 't is charged that his House was pulled down in King James's time That he was Promised relief but had none That hereupon he got a Reference from his Majesty that now is and came with it to the Council and was referred to the Committee That Sir Hen. Martin told him that the Arch-Bishop was his hinderance That he resorted to me and that I bid him go to King James for his Recompence To this my Answer was That this House which he says was his was as is confessed by himself taken down in King James's Time when an attempt was made about the Repair of this Cathedral but nothing done If he desired satisfaction he was to seek it of them who took down his House not of me If his Majesty that now is gave him a Reference he was by the Lords of the Council or by me if to me it were Referred to be sent to the Sub-Committee because Satisfaction for each House was to be Ordered by them Nor had I any Reason to take it on my Care which was done so long before He says that Sir Henry Martin told him that I hindred him But that 's no Proof that Sir Hen Martin told him so For 't is but his Report of Sir Henry Martin's Speech And I hope Sir Henry neither did nor would do me such apparent Wrong He was the third Man to whom I brake my Intentions touching the Repair and the Difficulties which I foresaw I was to meet with And he gave me all Encouragement And it may be when nothing would satisfie the eager Old Man I might bid him go to King James for Recompence but 't is more than I remember if I did so And this Man is single and in his own Case and where lyes the Treason that is in it Besides least Consideration was due to this House For not many Years before the Demolishing of it it was Built at the West End of St. Pauls for a Lottery it was said to be the House of one Wheatly and after the Lottery ended finished up into a Dwelling-House to the great annoyance of that Church The Bishop and Dean and Chapter being asleep while it was done 2. The next Charge about St. Pauls was Witnessed by Mary Berry That her Husband was fain to set up his Trade elsewhere and that every Man reported the Bishop was the Cause of it Her Husband was forced by this Remove to set up his Trade elsewhere so she says And perhaps in a better Place and with Satisfaction sufficient to make him a better Stock Where 's the Wrong Beside she is single and in her own Cause and no Proof but that every Man reported the Bishop was the means to remove him And it is Observable that in King James his Time when the Commission issued out for the demolishing of these very Houses the Work was highly applauded and yet no Care taken for Satisfaction of any Private Mans Interest That now great Care hath been taken and great Sums of Money Expended about it yet I must be a Traytor and no less for doing it This makes me think some Party of Men were heartily angry at the Repair it self though for very Shame it be turned off upon the demolishing of the Houses 3. The next that came in was Tho Wheeler He says that his House was pulled down by the Committee by my Direction above Eleven Years ago And that Word was brought him of it His House was pulled down but himself confesses it was by the Committee It was he says above eleven Years ago and the time limited in that Article is Six Years He says that Word was brought him that I was the Cause or gave the Direction Word was brought him but he Names not by whom nor from whom so all this Proof is a single Hearsay of he knows not whom Whereas I had the Broad-Seal of England for all that was done It was replyed here That for demolishing of these Houses the King's Commission was no full and legal Warrant I should have procured Authority from Parliament I replyed to this Interruption That Houses more remote from the Church of St. Pauls were pulled down by the King's Commission only in K. Ed. 3. time and humbly desired a Salvo might be entered for me till I might bring the †Record which was granted 4. The last Instance for this Charge of St. Pauls was the House of W Wakern who Witnessed that he had a Hundred Pound recompence for his House but then was after Fined in the High-Commission-Court 100 l. for Prophanation of which he paid 30 l. To this I gave this Answer That his Charge is true and that after he had received 100 l. Composition the Cry of the Prophanation brought him into the High-Commission It was thus The Skulls of Dead-Men perhaps better than himself were tumbled out of their Graves into his Draught and part of the Foundation of the
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
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
Right yet was Committed This is more than I know or believe yet if it were so it was done by the High-Commission Court not by me He says next that he could never be quiet But I am sure my Lords the Church for divers Years could never be in quiet for him and his Associates Lastly they say some Passages against Arminianism were left out of two Letters one of Bishop Davenants and the other of Bishop Halls sent to be Printed First here is no Proof at all offer'd that I differ'd in any thing from the Doctrine expressed in those Letters And Secondly for the leaving out of those passages it was it seems done to avoid kindling of new flames in the Church of England And it appeared on the other side of the Paper which was produced against me and so Read to the Lords that these Passages were left out by the express Order from those Bishops themselves under Bishop Hall's own Hand and with Thanks to Dr Turner then my Chaplain for his Letter to them And here this days Business ended And I received Command to attend again the Twentieth of the same Month. CAP. XXXVII The Fifteenth Day of my Hearing THis day I came again to the House A day or two before as now also the Landing place at Westminster was not so full of People and they which were there much more civil towards me than formerly My Friends were willing to perswade me that my Answer had much abated the edge of the People saving from the violent and factious Leaders of the Multitude whom it seems nothing would satisfie but my Life for so I was after told in plain terms by a Man deeply interessed in them when I presently saw Quaterman coming towards me who so soon as he came fell to his wonted Railing and asked aloud what the Lords meant to be troubled so long and so often with such a base Fellow as I was they should do well to Hang me out of the way I heard the Words with grief enough and so left them and him in the Hands of God My Servants were earness to have me complain to the Lords I remembred my late Complaint about the Pamphlets had no redress and so forbare it They notwithstanding out of their Zeal complained to Mr. Lieutenant of the Tower who presently went forth and said he would school him But I hearkned no more after it When I came to the Bar Mr Nicolas began with great violence and told the Lords the business grew higher and higher against me What the Business did will after appear but I am sure he grew higher and higher and from this time forward besides the violence of Expression gave me such Language as no Christian would give a Jew But God I humbly thank him blessed me with Patience and so I made my Ears Obedient That which made him say the Business grew higher and higher was this Upon my often calling to have the Oaths at the Coronation of King James and King Charles compared some of them repaired again to my Study at Lambeth to search for all such Copies of Coronation-Books as could there be found In this diligent and curious search For Mr. Pryn's Malice made it they found some Papers concerning Parliaments no other I praise God for it than such as with indifferent construction might I hope well pass especially considering what occasion led me and what Command was upon me And as I have been told by Able and Experienced Men they would have been nothing had they been found in any but this troublesom and distracted time about the Rights of Parliaments as 't is said Howsoever I was most unfortunate they should be now found and I had not left them a Being but that I verily thought I had destroyed them long since But they were unhappily found among the heaps of my Papers And so An Answer to the Remonstrance made June 17 1628. which is Sixteen Years since was made the First Charge against me And the Second Charge was A Paper concerning a Declaration Jan 28 1628. To both which I then Answer'd but because these are urged more than once to help fill the People with new Clamour and because they are more closely pressed against me at the last day of my Hearing and because Mr. Brown in his Summary Charge laid and charged all these Papers together to avoid tedious repetition I will also make my whole and entire Answer together when that time comes The Third Charge of this day was A Letter of a Jesuit to his Superiour found in my Study dated Mar 1628. Let the Letter be dated when it will I hope the Arch-Bishop may get and keep the Letters of any Jesuits or others How shall I be able to know or prevent their Plots upon the Religion by Law Established if this may not be done Yet this I desire all Men to take notice of that this Letter was not directed to me I was then Bishop of London The Letter was found in a search But when by all possible care taken by the High-Commission the Author could not be found I had as I humbly conceive great Reason to keep it And I then humbly desired the whole Letter might be Read There was in it that Arminianism as 't was urged was their Drug and their Plot against us c. The Jesuit seeing a Fire kindling about these Opinions might write what he pleased to help on his Cause Yet this Drug which he says is theirs is the received Opinion of all the Lutherans and they too Learned Protestants to use their Drugs And if it be their Drug why do the Dominicans so Condemn it Nay why doth the Master of the Sentences and the School after him for the most determin rigidly against it And whereas 't is said That these Men had Instruments at the Duke's Chamber Door That belongs not to me I was not Porter there As for that Power which I had called by Mr. Nicolas the Command of his Ear I used it as much as I could to shut such Instruments thence Beside 't is barely said no Proof at all offer'd that such Instruments were about the Duke's Chamber-Door Other Papers were found in my Study above sixty at the least expressing my continued Labours for some Years together to Reconcile the divided Protestants in Germany that so they might go with united Forces against the Romanists Why are not these produced too Would not Christianity and Justice have my Innocence cleared as well as my Faults accused The Fourth Charge was Bishop Mountagues Preferment The Parliament they say called him in Question and the King called in his Book yet in Affront to the Parliament that he was preferr'd by me No It was then publickly known in Court whether now remembred or no I cannot tell that he was preferred by my Lord Duke but being a Church Business the King Commanded me to signifie his Pleasure to the Signet Office And the Docket which is
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
altered Which is absolute Nonsence Secondly he Charged me that the Word Antichristian was left out But that is visibly untrue for it is left in Thirdly that though it be in yet that the Alteration takes it off from the Papist as also their Rebellion Neither For the Change is this That Antichristian Sect altered into The Antichristian Sect of them which c. and whose Religion is Rebellion altered into who turn Religion into Rebellion By which it is manifest that the alteration takes off neither Imputation from the Papist but moderates both And for ought I yet know 't is necessary it should For if their Religion be Rebellion see what it will produce Is not this the Syllogism The Religion of the Papist is Rebellion But Christianity is the Religion of the Papist Therefore Christianity is Rebellion I may not inlarge but you may see more if you please in my Speech in the Star-Chamber And when Mr. Brown in the Summ of his Charge pressed these Alterations hard against me he did not so much as mention that I had the King 's both Warrant and Command to all that I did in that Particular And besides urged this as a great Innovation because the Prayers mentioned had continued unaltered for the space of above Thirty Years Not remembring therewhile that the Liturgy of the Church Established by Act of Parliament must be taken away or altered though it hath continued above Fourscore Nay and Episcopacy must be quite abolished though it have continued in the Church of Christ above Sixteen Hundred The Ninth Charge was from Sir Edward Hungerford who came to Lambeth to have a little Book Licensed to the 〈◊〉 The Author was Sir Anthony Hungerford whether Sir Edward's Grandfather or his Uncle I remember not the Relation He says he came to my Chaplain Dr Bray to License it And that Dr Bray told him there were some harsh Phrases in it which were better left out because we were upon a way of winning the Papists First I hope I shall not be made answerable for my Chaplains Words too And Secondly I hope there is no harm in winning the Papists to the Church of England Especially if so easie a Cure as avoiding harsh Language would do it He says my Chaplain expressed a dislike of Guicciardin's Censure of Pope Alexander the Sixth Sure if the Censure be false he had reason to except against it if true yet to Publish such an unsavoury Business to the Common-People ........ He says he came and complained to me and that I told him I was not at leisure but left it to my Chaplain So the Charge upon me was That my Chaplain was in an Errour concerning this Book and I would not Redress it To this I answerd First that my Chaplain was Dead and I not knowing the Reasons which moved him to refuse Licensing this Book can neither confess him to be in an Errour nor yet justifie him Secondly for my own refusing to meddle with it Sir Edward took me in a time of business when I could not attend it Thirdly if I had absolutely refused it and left it to my Chaplain I had done no more than all my Predecessors did before me And Dr. Featly then witnessed to the Lords that Arch-Bishop Abbot my immediate Predecessor and to whom the Doctor was Household Chaplain would never meddle with Licensing Books but ever referred them to his Chaplains And Dr. Mocket another of his Chaplains well known to Dr. Featly suffered for a Book sharply yet not one Word said to my Predecessor about it Fourthly as the Liberty of the Press is in England and of the Books which are tendred to the Press the Arch-Bishop had better Grind than take that Work to his own Hands especially considering his many and necessary Avocations Lastly no Man ever complained to me in this kind but this Gentleman only So it is one only single Offence if it be any But how this or the rest should be Treason against Sir Edward Hungerford I cannot yet see And so I answered Mr. Brown who in his Summary Charge forgot not this But Mr. Nicolas laid load upon me in his Reply in such Language as I am willing to forget The Tenth Charge was out of a Paper of Considerations to Dr. Potter about some few passages in his Answer to a Book Intituled Charity mistaken The Business this Dr Potter writ to me for my Advice I used not to be Peremptory but put some few things back to his farther consideration Of which three were now Charged upon me The first was he used this phrase Believe in the Pope I desired him to consider of In And in this I yet know not wherein I offend The Second was this Phrase The Idol of Rome I advised him to consider this Phrase too that Men might not be to seek what that Idol was And here Mr Nicolas cryed out with vehemency That every Boy in the Street could tell the Pope was the Idol I had not Dr Potter's Book now at hand and so could not be certain in what Sense the Doctor used it but else as many at least think the Mass the Idol of Rome as the Pope Unless Mr Nicolas his Boys in the Streets think otherwise and then I cannot blame him for following such mature Judgments The Third was That I bid him consider whether the Passage p. 27. as I remember did not give as much Power to the Parliament in matter of Doctrine as the Church But my Answer to this I shall put off to the Charge against me concerning Parliaments because there Mr. Brown began with this The two former he Charged also and I answered them as before But he omitted that I obtained of the Lords the reading of Dr. Potter's Letter to me by which he drew from me those Things which I determined not but only put to his Second Thoughts and Consideration In which way I humbly conceive I cannot be in Crime though I were in Errour Here ended the Business of this Day and I was Ordered to attend again June 27. CAP. XXXVIII The Sixteenth Day of my Hearing THis day I appeared again And the first Charge laid against me was my Chaplain Dr Bray's Expungings out of Dr Featly's Sermons The same Charge ad Verbum which was before and I give it the same Answer These Repetitions of the same things being only to increase Clamour and to fill more Mens Ears with it The Second Charge was certain Expunctions of some things against the Papists in Dr Clark's Sermons The Witness which Swore to the passages left out was one Mr White a Minister and it seems some near Acquaintance of Dr Clark's But First this Witness is single Secondly he brought only a Paper in which he had written down what was Expunged but Dr Clark's Sermons he brought not with it So 't is not impossible he might be mistaken Howsoever I not having the Book could not possibly make an
endeavour to imbitter the King this way so the smart Passages which Mr. Nicolas says are there I hope will not be thought such when 't is consider'd whose Mouth was to utter them and upon what occasion Yet if such they shall be thought I am heartily sorry for them and humbly desire they may be pass'd by However they can make no Proof that I am an Enemy to Parliaments And this Answer I gave Mr. Brown in the House of Commons for he there omitted it not The Third Proof that I am an Enemy to Parliaments is the Testimony of one Mr. Bland A forward Witness he hath been against me in other Particulars Here he says That Sir Sackvil Crowe shewed him a Paper in which were fifteen or sixteen Passages concerning Parliaments with some sour Aspersions to boot and that this Paper was Subscribed W. Laud. First my Lords This Man is but a single Witness Secondly he says he had this Paper from Sir Sackvil Crowe and he is now in Turkey and cannot be produced that the Truth may be known Thirdly As I never gave Sir Sackvil any such Paper so had he come by any such 't is more than probable some body else might have seen it beside Mr. Bland to make a second Witness Fourthly This is a very bold Oath for he Swears The Paper was Subscribed with my own Hand W. Laud Whereas I being then Bishop of S. Davids never writ my Name to any thing other than Guil. Meneven Let him bethink himself of this Oath Ne quid gravius dicam Besides it may be considered too that this with some Particulars mentioned by Mr. Bland was charged in the First Additional Article and now brought in upon the Fourteenth Original partly to confound me that I might not see how or against what to defend my self and partly to make me secure because they had quite passed over the first Additional But especially because they had therein charged me that these Propositions of mine had caused that Parliament to be Dissolved And yet in the same Article and within three Lines 't is said expresly that my Propositions were deliver'd to my 〈◊〉 Duke of Buckingham after that Parliament was Dissolved So this Article hangs as well together as Mr. Bland's Testimony concerning it Mr. Brown pressed this also hand against me but I answered according to the Summ of that which is above-written And as for the Particular said to be in that Paper were it mine as it is not or were the Words thought Treasonable as well they cannot be yet the Statute of Queen Mary makes it that no Words nor Writings nor Cipherings nor Deeds shall be Treason but only such as are within the Statute of 25 Edw. 3. and no other And this Statute I then read to the Lords though I conceive there was no need of it The Fourth Proof was out of my Diary at June 15. 1626. The Words these Post multas agitationes privata Malitia in Ducem Buckinhamiae superavit suffocavit omnia publica negotia nihil actum est sed Parliamentum solutum And this was applied first by Mr. Nicolas and after by Mr. Brown as if I had charged this private Malice upon the Parliament But this is utterly mistaken For I spake not this of the Parliament but of some few particular Men some of the House Men well enough known to the World and more not of the House but Sticklers at large who went between and did very ill Offices and so wronged both the King and the Parliament which is no new thing in England That my Words there cannot be meant of the Parliament is two ways apparent First in that I say Privata Malitia Private Malice did it but name not the Parliament nor charge any thing upon it Secondly Because had I spoken this of the Parliament it could not have been called Private but Publick Malice nothing being more publick in this Kingdom than what is done in and by the Parliament The Fifth Proof was That a Proclamation for calling in of the Remonstrance was found in my Study And Mr. Nicolas said they conceived I had a Hand in it It was as lawful for me to have and keep this Proclamation as for any other Subject And their Conceit that I had a Hand in it is no Proof Mr. Nicolas says That my Preferments followed very quick upon this and infers that I was preferred for my ill Services in this kind But all the Proof that he brings for this his uncharitable Inference is the comparing of the Times and I shall be content to be tried by that For by his own acknowledgment this Proclamation came out June 16. 1622. I being then Bishop of S. Davids And he confesses I was not made Bishop of Bath and Wells till June 20. 1626. full Four Years after nor a Privy-Counsellor till April 29. 1627. which was Five Years after Whereas Rewards for such Services are found to come much quicker And Mr. Brown when he made his Summary Charge slighted this and passed it over The Sixth Proof of my Enmity to Parliaments was a Paper of Reasons Mr. Nicolas said against Parliaments But First when this Paper was shewed and read to the Lords it was found otherwise and was but a Paper of Hopes and Fears which were conceived of a Parliament Not Reasons against them Secondly these Fears and Hopes were not of a Parliament then in being but of one in deliberation whether it should be or not at that time which all Men know is often disputed and without offence And any considering Man may privately do it for his own use and tryal of his Judgment Thirdly in this deliberation I was not the Author of these Fears and Hopes but an Amanuensis to higher Powers in regard their Hands were slower though Commanded also to set down my own Opinion which I did Fourthly I was then either a Counsellor or a Sworn Servant to the King and required upon my Oath to deliver truly both my Fears and my Hopes and I durst not Perjure my self And I hope the keeping of my Oath and doing my Duty in that kind shall not now prejudice my Life Fifthly these Fears and Hopes what-ever they contain did relate to the being or not being of that one Parliament only as appears in the very Paper it self and the Hope 's prevailed and that Parliament sate And this Answer I gave to Mr. Brown who made all the use of this Paper that could be against me Here Mr. Nicolas brings in Mr. Bland again who says that the four last Heads in this Paper were in that Paper also which was shewed him This single Witness hath an Excellent Memory that can remember four Heads of a Paper punctually Sixteen Years ago I asked why he did not complain of me then when his Memory was fresher and his Witness Sir Sackvill Crowe nearer 'T was replyed He durst not for my Greatness Why but he knows well enough that Parliaments
when they have a just Cause of Proceeding do neither fear nor spare any Man's Greatness And is it probable that they which spared not the Duke of Buckingham's Greatness would have feared mine being then a poor Bishop of Bath and Wells And a Parliament was held again in the very next Year 1627. So that he wanted not opportunity to complain Nor can I believe any Opinion of my supposed Greatness stopped him Let him look into himself Then Mr. Nicolas told the Lords with great vehemency what Venom there was in this Paper which he said was in every Particular A right Spider I see now he is Venom out of any thing Here is a void space left I suppose with design to have the Paper here mentioned to be inserted Which was not done The Seventh Proof was out of my Diary at March 1628. Where the words are that the Parliament which was dissolved March 10 1628. sought my Ruin This had been a better Argument to prove Parliaments an Enemy to me than me to them But nothing can be meant by this but that my Ruin was sought in that Parliament by some particular Men whose Edge was too keen against me And this appears in my Diary at June 14. preceeding at which time I was put into a Remonstrance which had I been found any way guilty must needs have ruin'd me But by God's Blessing the very same day I did clearly acquit my self in open Parliament of all the Aspersions cast upon me about Dr. Manwaring's Sermons This Particular Mr. Brown charged upon me and I Answer'd as before But Mr. Nicolas did not touch upon it this day The Eighth Proof that I was an Enemy to Parliaments was taken from some Marginal Notes which I had made upon a printed Speech of Sir Benjamin Rudyards which he spake in the Parliament held An. 1627. Mr. Nicolas named Four but Mr. Brown in Summing up my Charge insisted only upon Two The Word Reducing And the Aim of Gaining from the King Sir Benjamin Rudyard is my old Acquaintance and a very worthy Member of that House both now and then But be a Man never so Worthy may he not use some Phrase amiss Or if he do may not I or another observe yea check at it but by and by I must be an Enemy to Parliaments Is there any Argument in this I said a Gentleman in the House of Commons used an ill Phrase in a Speech of his in that House therefore I am an Enemy to the Parliament in which he spake it Say I am mistaken and not he and that the Phrase is without Exception yet this is but my Error in Judgment no Proof of Enmity either to the Parliament or him that spake it That which I said was this First that the word Reducing as there placed was a hard Phrase Let any Man view that Speech considerately and tell me whether it be not so Secondly that I disliked the word Gaining being between the King and his People in Parliament For as I humbly conceive there will always be work enough for both to joyn for the Publick Good and well it can never be if they which should so joyn do labour only to gain one from another For if the King shall labour to gain upon the Liberty or Property of the Subject or the Subjects in Parliament labour to gain from the just Power and Prerogative of the King can any Prudent Man think the Publick can thrive there-while Yea but they say that my Marginal Note upon this Phrase was that this Gaining was the Aim of the lower House If my Note be so yet that cannot be otherwise understood than that according to this Expression this must be their Aim And the Reason why I found fault with the Phrase was because I saw this must follow out of it So under Favour I was not so bold with this Gentleman as he was with the House in using this Speech The next Proof was that I found fault with Eight Bills that were then in the House This is a very poor Proof of my Enmity to Parliaments that I disliked some Bills proposed in them Though there be no Proof of this urged at all save only that I writ the time May 27. 1628. upon the Paper where the Bills were mentioned And I hope to mention the time when any Bills were proposed is not to dislike the Bills But say I did dislike them what then It is lawful for any Member of the House and such was I then to take Exceptions which he thinks are just against any Bill before it pass And shall not that which is Lawful for any Man to do be Lawful for me Beside almost all Bills are put in by private Persons The House is not interessed in them till they are Passed and Voted by them So that till then any Man may spend his Judgment upon the Bill without any wrong at all to the Parliament Mr. Brown saw this well enough and therefore vouchsafed not so much as to name it The Tenth Proof was that I made an Answer to the Remonstrance set out by Parliament An. 1628. This was pressed before and here 't is laid hold of on all Hands to make as full a Cry as it can against me Mr. Nicolas presses it here aloud as he doth all things and Mr. Brown lays it close in Summing up the Charge My Answer the same to both First they charge me that I made that Answer to the Remonstrance which came forth An. 1628. I did this by the King's Command and upon such Instructions as were given me And as I obeyed the Command so did I closely pursue my Instructions And I durst do no other for I was then upon my Oath as a Sworn Counsellor and so employed in that Service And I hope no Man will conceive that I would without such a Command have undertaken such a kind of Service Yea but they say it doth not appear that I had any such Command Yes that appears as plainly as that I made it For they bring no Proof that I made it but because the Indorsement upon that Paper is in my Hand and calls it my Answer And the same Indorsement says I made it by his Majesty's Command So either the Indorsement is no sufficient Proof for the one or if it be 't is sufficient for both And must needs witness the one for me with the same strength that it doth the other against me For a kind of Confession that Indorsement is and must therefore not be broken but be taken with all its Qualities Thirdly they say there are some sour and bitter Passages in the Answer 'T is more than I perceived if it be so Nor was any Sourness intended And I hope no such Passages found in it the Person considered in whose Name the Answer was made The Expressions indeed might have been too big for a Subject's Mouth Fourthly they say I was displeased that this Answer was not Printed but
Reader And if they do not make themselves of another Religion I shall never endeavour to make them 13. By a Pack of such Witnesses as were never produced against any Man of my Place and Calling Messengers and Pursevants and such as have shifted their Religion to and again Pillory-men and Bawds And these the Men that must prove my Correspondence with Priests 12. In the midst of these upon occasion of the Ceremonies at the Coronation it was pressed against me That I had altered the King's Oath 14. And last of all That I had shewed my felf an Enemy to Parliaments Upon both these I did very much enlarge my self But here also that I may not be a burden in repeating the same thing I desire the Reader to look upon them in their proper places where I doubt not but my Answer will give him full satisfaction that I did not the one nor am the other But my Lords there are other strange Arguments produced against me to prove my Compliance with Rome which I most humbly desire your Lordships may not be forgotten 1. As first my Lords it hath been Charged upon me That I made the Oath recited in the first of the late Canons one Clause whereof is this That I will never give my Consent to subject this Church to the Vsurpations and Superstitions of the Church of Rome Whence the Argument drawn against me must be this and can be no other That I did endeavour to bring in Popery because I made and took a solemn Oath never to give my Consent to subject this Church of England to the Usurpations and Superstitions of the Church of Rome I beseech your Lordships mark the force of this Argument And they which follow are as pregnant against me 2. Secondly My Book against Fisher hath been charged against me where the Argument must lie thus I have endeavoured to advance Popery because I have written against it And with what strength I have written I leave to Posterity to judge when the Envy which now over-loads me shall be buried with me This I will say with St. Gregory Nazianzen whose Success at Constantinople was not much unlike mine here save that his Life was not sought I never laboured for Peace to the Wrong and Detriment of Christian Verity nor I hope ever shall And let the Church of England look to it for in great Humility I crave to write this though then was no time to speak it That the Church of England must leave the way it 's now going and come back to that way of Defence which I have followed in my Book or She shall never be able to justifie Her Separation from the Church of Rome 3. Thirdly All the late Canons have been charged against me and the Argument which is drawn from thence must lie thus The Third of these Canons for suppressing the Growth of Popery is the most full and strict Canon that ever was made against it in the Church of England Therefore I that made this Canon to keep it out am guilty of endeavouring to bring it in 4. Fourthly I have by my Industry and God's great Blessing upon my Labours stayed as many from going and reduced to the Church of England as many that were gone to Rome as I believe any Minister in England can truly say he hath done I named them before and had Scorn enough put upon me for it as your Lordships could not but both see and hear where the Argument lies thus I converted many from Popery and setled them in the Religion established in England Therefore I laboured to bring in Popery which out of all doubt can be no sober Man's way 5. Fifthly The Plot discovered to Sir William Boswell and my self by Andreas ab Habernfield hath been charged against me That Plot for altering of Religion and by what ways your Lordships have heard already and is to be seen at full in Rome's Master-piece Now if this Plot in the Issue proved nothing but a confused Information and no Proof of any Particular as indeed it did What 's become of Rome's Master-piece But if it had any reality in it as it appeared to be a sad Plot not only to me but to all Men that saw the short Propositions which were first sent with an absolute Undertaking to prove them then it appears expresly that I was in danger of my Life for stiffly opposing the bringing in of Popery and that there was no hope to alter Religion in England 'till I was taken out of the way And though in conclusion the Proofs failed yet what was consulted and it seems resolved concerning me is plain enough And then the Argument against me lies thus There 's no hope to bring in Popery 'till I am taken out of the way therefore I did labour to bring it in Do not these things my Lords hang handsomly together 6. Lastly There have been above Threescore Letters and other Papers brought out of my Study into this Honourable House they are all about composing the Differences between the Lutherans and the Calvinists in Germany Why they should be brought hither but in hope to charge them upon me I know not and then the Argument will be this I laboured to reconcile the Protestants in Germany that they might unanimously set themselves against the Papists therefore I laboured to bring Popery into England Now that your Lordships have heard the Arguments and what Proof they make against me I must be bold to put you in Mind of that which was said here at the Barr April 16. 1644. That they did not urge any of these particular Actions as Treason against me but the Result of them all together amounted to Treason For answer to which I must be bold to tell your Lordships That if no Particular which is charged upon me be Treason the Result from them cannot be Treason which will appear by these Reasons following 1. First The Result must be of the same Nature and Species with the Particulars from which it rises But 't is confessed no one of the Particulars are Treason Therefore neither is the Result that rises from them And this holds in Nature in Morality and in Law In Nature and that both for Integral and Essential Parts for neither can the Body of a Bear and the Soul of a Lion result into a Fox nor the Legs of a Bull the Body of a Horse and the Head of an Ass result into a Man In Morality and that is seen both in Vertues and Vices For neither can many Actions of Liberality Meekness and Sobriety rise up into a Result of Fortitude neither can many Actions of Malice Drunkenness and Covetousness result into Treason In Law 't is so too For be there never so many particular Crimes yet there is no Law in this Kingdom nor any where else that I know that makes a Result of different Crimes to be Treason where none of the Particulars are Treason by Law So this imaginary Result is
of the Arch-Bishop passed in the House of Commons November 13. 1644. But yet the Business was not done for the Lords stuck at it Some of which having not extinguished all the Sparks of Humanity began to find themselves Compassionate of his Condition not knowing how soon it should or might be made their own if once disfavoured by the Grandees of that Potent Faction For the Ordinance having been Transmitted to the House of Peers and the House of Peers deliberating somewhat long upon it it was Voted on December 4. That all Books Writings and Evidences which concerned the Tryal should be brought before the Lords in Parliament to the end that they might seriously and distinctly consider of all Particulars amongst themselves as they came before them But meaning to make sure work of it they had in the mean time after no small Evaporations of Heat and Passion prepared an Ordinance which they sent up unto the Lords importing the displacing of them from all those Places of Power and Command which they had in the Army Which being found too weak to hold they fall upon another and a likelier Project which was to bring the Lords to sit in the Commons House where they were sure they should be inconsiderable both for Power and Number And to effect the same with more speed and certainty they had recourse to their Old Arts drawing down Watkins with his General Muster of Subscriptions and putting a Petition into his Hands to be tendred by him to the Houses that is themselves Wherein it was required amongst other things That they should vigorously proceed unto the Punishment of all Delinquents and that for the more quick dispatch of Publick Business of State the Lords would please to Vote and Sit together with the Commons On such uncertain Terms such a ticklish Tenure did they then hold their Place and Power in Parliament who so officiously complied with the House of Commons in depriving the Bishops of their Vote and the Church's Birth-Right And this was it which helped them in that time of need And yet not thinking this device sufficient to fright their Lordships to a present compliance Strowd was sent up with a Message from the House of Commons to let them know That the Londoners would shortly bring a Petition with 20000 Hands to obtain that Ordinance By which stale and common Stratagem they wrought so far on some weak Spirits the rest withdrawing themselves as formerly in the Case of the Earl of Strafford that in a thin and slender House not above six or seven in number it was pass'd at last The day before they pass'd the Ordinance for Establishing their New Directory which in effect was nothing but a total Abolition of the Common-Prayer-Book and thereby shewed unto the World how little hopes they had of setling their new Form of Worship if the Foundation of it were not laid in the Blood of this Famous Prelate who had so stoutly stood up for it against all Novellism and Faction in the whole course of his Life It was certified by some Letters to Oxon and so reported in the Mercurius Aulicus of the following Week That the Lord Bruce but better known by the Name of the Earl of Elgin was one of the Number of those few Lords which had Voted to the Sentence of his Condemnation The others which concurred in that fatal Sentence being the Earls of Kent Pembroke Salisbury and Bullingbrook together with the Lord North and the Lord Gray of Wark But whatsoever may be said of the other six I have been advertised lately from a very good Hand that the said Lord Bruce hath frequently disclaimed that Action and solemnly professed his detestation of the whole Proceedings as most abhorrent from his Nature and contrary to his known Affections as well unto his Majesty's Service as the Peace and Preservation of the Church of England This Ordinance was no sooner passed but it revived many of those Discourses which had before been made on the like occasion in the Business of the Earl of Strafford Here we have a new-found Treason never known before nor declared such by any of his Majesty's Justices nor ever brought to be considered of by the King and his Parliament but only Voted to be such by some of those Members which sate at Westminster who were resolved to have it so for their private Ends. The first Example of this kind the first that ever suffered Death by the Shot of an Ordinance as himself very well observed in his Dying Speech upon the Scaffold though purposely omitted in Hind's Printed Copy to which now he hastneth For the passing of the Ordinance being signified to him by the then Lieutenant of the Tower he neither entertained the News with a Stoical Apathy nor wailed his Fate with weak and Womanish Lamentations to which Extreams most Men are carried in this Case but heard it with so even and so smooth a Temper as shewed he neither was ashamed to Live nor afraid to Die The time between the Sentence and Execution he spent in Prayers and Applications to the Lord his God having obtained though not without some difficulty a Chaplain of his own to Attend upon him and to assist him in the work of his Preparation though little Preparation needed to receive that Blow which could not but be welcome because long expected On the Evening before his Passover the Night before the dismal Combat betwixt him and Death after he had refreshed his Spirits with a moderate Supper he betook himself unto his Rest and Slept very soundly till the time came in which his Servants were appointed to Attend his Rising A most assured sign of a Soul prepared The fatal Morning being come he first applied himself to his private Prayers and so continued till Pennington and others of their Publick Officers came to conduct him to the Scaffold which he ascended with so brave a Courage such a chearful Countenance as if he had mounted rather to behold a Triumph than be made a Sacrifice and came not there to Die but to be Translated And though some Rude and Uncivil People Reviled him as he pass'd along with opprobrious Language as loth to let him go to the Grave in Peace yet it never discomposed his Thoughts nor disturb'd his Patience For he had profited so well in the School of Christ that when he was reviled he reviled not again when he suffered he threatned not but committed his Cause to him that Judgeth Righteously And as he did not fear the Frowns so neither did he covet the Applause of the Vulgar Herd and therefore rather chose to read what he had to speak unto the People than to affect the ostentation either of Memory or Wit in that dreadful Agony Whether with greater Magnanimity than Prudence I can hardly say As for the matter of his Speech besides what did concern himself and his own Purgation his great care was to clear his Majesty and the Church of England from
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
Prayer come as from the Publick Spirit of the Church when it is but the Bishop or his Chaplain or some private Spirit that frames them If this be my Lord's meaning far be it from me or any other to impose any Form of set Prayers upon the Church But it is one thing to Impose and quite another to Compose a set Form of Prayer Impose none can but Just Authority Compose all together cannot but some one or more must be singled out to take that pains And all or most may approve what one or few have compiled When it is so approved then it can no more be said to proceed from any private Spirit of this or that Man be it the Bishop or his Chaplain but from the Spirit and Power of the Church My Lord himself being a Prudent Man hath had the Happiness to make Motions in Parliament which have taken the House been approved and Orders drawn up upon them When the Order is so agreed on no Man may say it is an Order of my Lord 's private Spirit but the Order of the House and approved by the publick Spirit and imposed by the Publick Authority of the State And therefore to me it seems strange that my Lord who understands these things so well should neither like of a set Form of Prayers Composed by private Men nor by a certain number of Men and after publickly Confirmed Sure this would make any Man think my Lord likes none however he minces it But my Lord goes farther and says This Injunction is an Vsurpation of Power over the Churches of Christ and over the Gifts and Graces which Christ hath given unto Men which the Apostles never exercised nor would assume And yet they might much better have done it And the same Reasons might have been alledged for it that are now This turns such Forms instead of being Directions into Superstition It seems by this for I am most willing to take my Lord 's Meaning at the fairest that my Lord can digest some set Forms of Prayer but he would have no Injunction upon them So he that would use them might and he that would not might choose and this in short time would bring meer confusion into the Church of God which I hope is not my Lord's Intention to do Besides my Lord cannot but know that this Injunction for our set Form of Service comes not from the Churches Direction and Constitution though her Wisdom and Piety framed it but from the Authority and Power of King and Parliament So that all the Arguments which his Lordship brings here against the Church are equally if not more set against the King and the Parliament Well Why then is not an Injunction of set Form of Prayers fit Why my Lord tells you First because it is an Vsurpation of Power over the Churches of Christ. 'T is indeed an Act of Power but no Usurpation The Church Directing and the Soveraign Enacting ever had this Power since States became Christian. And should I have called it an Vsurpation of Power his Lordship I fear would have called it Treason against the King's Supremacy But I doubt my Lord would have the Churches free from Regal Power having ought to do with them durst he speak out Secondly because it 's an Vsurpation of Power over the Gifts and Graces which God hath given unto Men. Not so neither For whatsoever Gifts or Graces God hath given unto Men they may all have time place and occasions enough to use them to God's Glory and the Comfort of themselves and others and yet in the Publick Service of God submit to that set Form of God's Worship which is enjoyned for Unity and Decency in that External Service So this lays no restraint upon the Gifts and Graces of pious and religious Men But it keeps off bold ignorant and audacious Men from foming out their own shame to the great disorder and scandal of the Church of Christ. As we may see at this day now that Injunction begins to be but a little loosed what Froth and base Stuff is preached to the Consciences of Men. And yet these Men which preach thus scandalously talk of Gifts and Graces none more Thirdly because the Apostles never Exercised nor would Assume this Power of enjoyning a set Form and yet they might better have done it But how doth my Lord know the Apostles never Exercised nor would Assume this Power Out of all doubt the Apostles did Exercise and Assume many things which are not come down to our knowledge And since the Apostles did enjoyn a Form of Doctrine to the Church of Rome and delivered it too And since St. Paul enjoyned the Church at Philippi to walk by a set Rule for a Rule it cannot be unless it be set that so they might learn to mind the same things Phil. 3. And a Form of Ordination by imposition of Hands 1 Tim. 5. for such Persons as should instruct the People in these things And this with a stiff Injunction v. 21. And a Form of wholesome words 2 Tim. 1. And since St. John the Baptist taught his Disciples to pray St. Luke 11. and that it was by some set Form of Prayer I have some Reason to think First because if they did Pray by the Motion of the Spirit only St. John could not teach them that but the Spirit only So either St. John taught them not at all to pray which I hope this Lord will not say against a plain Text. Or else he taught them some set Form which was in his power and theirs to teach and learn Secondly because Christ's Disciples seem to intimate so much For they desire Christ to teach them to pray as St. John taught his Disciples And Christ instantly granting their Request taught them a set Form of Prayer Therefore it is more than probable that St. John taught his so too though the Form be not Recorded in Scripture Upon all which laid together it is probable enough by my Lord's leave that the Apostles did Exercise some set Form that at least which Christ taught them And Assumed Power to enjoyn it upon their Followers But herein yet the Apostles are somewhat beholding to this Lord that he re-allows they might better have done it than any now-adays Well I will not dispute what they might better have done sure I am it may and ought to be done now Fourthly because the same Reasons might then have been alledged for it that are now The same might but not all the same In particular the Church was small then and might with ease be Ordered in comparison of the great Congregations that are now But especially the Apostles and Apostolical Men were then present and could in another manner and with a greater Power than Men now adays both Judge and Order the Gifts and Graces of other Men to the avoiding of confusion in the Church which God by his Apostles would none of Besides the Apostles and some others in
Sermons and Homilies and in such Cases they might very lawfully be heard But if some Men upon pretence to prevent Extravagant Preaching should take upon them to set forth a Book of Publick Common Sermons fit for all Times and Occasions and should enjoyn Ministers to conform to these and use no other Preaching at all but the Reading of those Common Sermons or Homilies so devised for Publick Worship this would make it utterly Vnlawful and to be Professed against as that which were the bringing in of a Humane Device and Injunction in the place and instead of God's Ordinance to the Exclusion thereof As the Pharisees to establish Traditions of their own made void the Commandments of God I hope my Lord will have no better success with this Instance under the Gospel than he had with that under the Law And yet whatsoever is Truth in his Instance I shall most willingly grant And therefore I do acknowledge that in the time of the Gospel God appointed the foolishness of Preaching 1 Cor. 1. to be a Means but not to be The Means if it be meant the only Means by which he will save those that believe I likewise confess that in the World's Account 't is made the Foolishness of Preaching And I would to God some Men much magnified in these Times did not give too often very just Cause to the World to account it not only the Foolishness but the Madness of Preaching such Preaching as is far from being a Means of Salvation I conceive also as well as my Lord that where there are no Gifts enabling Men to Preach as it falls out in too many Parishes in England and the true Cause is the smallness of the Living unable to Feed and Cloath Men and therefore cannot expect Men of Parts there not only might be but is a lawful and profitable use of Reading of Printed Sermons and Homilies and that in such Cases yes and in other Cases too they may very lawfully be heard And I think farther that if some Men not upon their own private Authority but lawfully meeting in a Synod or Convocation shall not upon pretence but truly to prevent Extravagant Preaching such as of late hath been and is too common in England should take upon them to set forth a Book of common Sermons such as might be fit for all Times and all Occasions which is not impossible to be done and should enjoyn Ministers to conform to these and use no other Preaching at all but the Reading of these common Sermons or Homilies so devised for publick Worship I must needs say it were a Cure not to be used but in Extremity to bar all other Preaching for the Abuse of some be it never so gross Yet if the Distempers of the Pulpit should grow in any National Church so high so Seditious so Heretical and Blasphemous so Schismatical and Outragious as many of them have been of late in this distracted Church of ours I say if such a Book of Sermons should be so set out by the Church direction and published by the Authority of King and Parliament as the Book of Common Prayer is When the Comparison is made thus even and my Lords Instance so brought home I do then think such a Book not devised for publick Worship but for publick Instruction for Sermons are not properly the Worship of God but as to teach us Faith and Obedience and how we are to pray and give Worship to him might be used with great profit yea and with far more than many Sermons of the present time which do in a manner teach nothing but Disobedience to Princes and all Authority under a false pretence of Obedience to God And for the Injunction which sticks so much with my Lord certainly in Cases of such Extremity as is above-mentioned and when nothing else will serve I conceive it might well and profitably be laid upon the Ministers and yet that such an Imposition would be far from making it utterly unlawful and to be professed against as that which were the bringing in of a Humane Device in the place and instead of God's Ordinance to the Exclusion thereof For 't is probable these Sermons my Lord speaks of would be Preached before they were Printed And the end of their being Preached was to publish Christ and his Gospel to the World And that also was or ought to be the end of Publishing the same Sermons in Print that the benefit of them might reach the farther and be of longer continuance So that upon the Matter the Printing of Sermons is but a large and more open Preaching of them still And then if Preaching be God's Ordinance Printing of Sermons is the publishing of God's Ordinance And therefore if there were an Injunction for a Book of Sermons as is mentioned it were but a more publick and durable divulging of God's Ordinance and not the bringing in of a Humane Device instead of it and to the Exclusion thereof As for that which follows that this is like the Pharisees who to establish Traditions of their own made void the Commandments of God This is but a Simile and is Answered in the former And you see that should any Necessity force the making of such an Injunction which God forbid it did help to publish God's Ordinance and not make void his Commandments Howsoever my Lord may take this along with him That that Party which he governs in this Kingdom are as well seen in this Art of the Pharisees as any Men in Christendom and will if they be let alone make void all the Service of God to bring in their Dreams against all Reason Religion and lawful Authority And this is most true whatever they think of themselves But my Lord desires farther consideration of his Instance Let it be considered what difference can be found between these but only this Vse and Custom hath inured us to that of Prayer not so in this of Preaching and therefore the Evil of it would easily appear unto us if so enjoined It is fit my Lord should have his desire in this that it be considered what difference can be found between these And out of all doubt my Lord acknowledges that some difference there is And were it this only as his Lordship would have it That Vse and Custom hath inured us to that of Prayer and not so in this of Preaching that might be Reason enough to continue our publick set Form of Prayer For if the Service have not fault in it but that 't is enjoyned And if the enjoyning of a good Service of God Almighty in which Christian People may consent and unanimously and uniformly worship him be no fault at all as most certain it is not 'T is neither wisdom nor safety to cast off such a Custom or Vsage and leave every Minister and perhaps other Men too to make what Prayers they please in the Congregation which doubtless would be many times such as no good understanding Christian could
yokes of Bondage and our other gross Corruptions be removed And I must doubt they embrace not the same Faith till they admit the whole Creed and will use the Lord's Prayer which few of them will As for the Spirit that works by Love I much fear he is a great stranger to many of these Men. For I have many ways found their Malice to be fierce and yet endless And therefore I wonder my Lord should have the Boldness to tell my Lords in Parliament that they know all these things of these Men and that they are their Brethren and concur with them in all these forenamed things whom in the mean time their Lordships do and cannot but know different from them nay separating from them in the very Worship of God Next I agree with my Lord again that I would have no pressure put upon those Men in whom the Spirit of Love causes an unblamable Conversation without any offence to the State But in this I must disagree that the Separatists from the Church of England are such manner of Men. For the private Conversation of very many of them whom I could name were it fit is far from being unblamable And the Publick Conversation of all or most of them is full of offence to the State Unless my Lord think the State is or ought to be of their Humour For how can their Conversation be without great offence very great to this or any State Christian who shall have and maintain private Conventicles and Meetings in a different way of Religion from that which is Established by the State Nay which shall not only differ from but openly and slanderously oppose that which is so Established Besides no well governed State will allow of private Meetings especially under pretence of Religion which carry far without their privity and allowance For if this be permitted there lies a way open to all Conspiracies against the State whatsoever and they shall all be satisfied under the pretence of Religion The third thing in which I agree with my Lord is that I would not that for Ceremonies and Things indifferent these Men should be thrust out of the Land and cut off from their Native Country No God forbid if any thing will reclaim them But then I must disagree with my Lord in this That these Men whether such as my Lord describes them or no are thrust out of the Land or cut off from their Native Country for Ceremonies or Things indifferent For First they are not all Ceremonies for which they separate from the Church For they pretend certain gross Corruptions in the very Worship of God as my Lord a little before delivers Secondly be the Cause what it will none of them have been banished or thrust out of the Land or cut from their Native Country as is here spoken to move Hatred against the Government But 't is true they have thrust themselves out and cut themselves off and run a Madding to New England scar'd away as they say by certain gross Corruptions not to be endured in this Church Nor after they have gone a Madding enough is their return denyed to any And I know some that went out like Fools and are come back so like that you cannot know the one from the other In this Passage 't is said by my Lord that these Ceremonies and Things indifferent unto you speaking to the Lords in Parliament are not so to them but Burthens In this Passage I can agree with my Lord in nothing For First my Lord but a very little before tells of Yokes of Bondage and gross Corruptions And are they so soon become but Ceremonies and Things indifferent If they be more than Ceremonies and Things indifferent then my Lord delivers not the whole Truth And if they be but Ceremonies and Things indifferent then his Lordship and all other Separatists ought rather to yield to the Church in such things than for such things to separate from it And certainly so they would if the Spirit that worketh by Love did work in them Yea but my Lord says they are such things as though they be indifferent to others yet to them they are not but burthens And it may be they make them so for in their own Nature they are nothing less And of great use they are to preserve the Substance and the Body of Religion But this I find let any thing in the World be enjoyned by the Church Authority and it is a Burthen presently And so you see all along this Speech how earnest my Lord is in behalf of himself and these Separatists against all Injunctions of set Forms and Yokes of Bondage This is an excellent way of Religion to settle Temporal Obedience And I can as little agree with that which follows Namely that the Lords may without any Offence to the State or prejudice to the Churches take away if they will these Things indifferent to them but Burthens to these Brethren For First suppose them to be but 〈◊〉 and Things indifferent yet can they not be taken away without offence to the State or prejudic to the Churches who to please a few unruly Separatists must make an Alteration in that part of Religion which hath continued with great Happiness to this Church ever since the Reformation Secondly I will not dispute it here what Power a Lay Assembly and such a Parliament is hath to determine Matters of Religion Primely and Originally by and of themselves before the Church hath first agreed upon them Then indeed they may confirm or refuse And this course was held in the Reformation But Originally to take this Power over Religion into Lay Hands is that which hath not been thus assumed since Christ to these unhappy days And I pray God this Chair of Religion do not prove Cathedra Pestilentiae as the vulgar reads it Psal. 1. 1. to the infecting of this whole Nation with Schism and Heresie and in the end bring all to confusion I meddle not here with the King's Power For he may be present in Convocation when he pleases and take or leave any Canons as he pleases which are for the Peace and well Ordering of the Church as well as in Parliament take or leave any Laws made ready for him for the good and quiet of his People But if it come to be Matter of Faith though in his Absolute Power he may do what he will and Answer God for it after Yet he cannot commit the ordering of that to any Lay Assembly Parliament or other for them to determine that which God hath intrusted into the Hands of his Priests Though if he will do this the Clergy must do their Duty to inform him and help that dangerous Error if they can But if they cannot they must suffer an unjust Violence how far soever it proceed but they may not break the Duty of their Allegiance 'T is true Constantius the Emperour a great Patron of the Arrians was by them interested
subministrat 19. Secretarius Windebank Papista acerrimus Regi omnium infidelissimus qui non solum secretissima etiam quaeque Regia prodit revelat sed etiam Consilia quibus optime Negotio consuleretur communicat Ipse ad minimum ter in hebdomada per nocturna Conventicula cum Legato conversatur injungitque quae scitu digna cogitat Cujus causa aedes vicinas Legati Domo conduxit quem saepius per portam horti adit hac enim vicinitate facilitatur congressus Dictus Secretarius ad partem Societatis conjuratae muncribus emptus est quibus sustentatur ut magis seriò officium peragat Filium suum expresse Romam misit qui Romano Pontifici sese insinuare debebit 20. Cavalliero Digbi Cavalliero Winter Dominus Mountagu Jun. qui Romae fuit Mi-lord Sterling Cognatus Comitis d'Arondel Eques Comitissa de Neuport Ducissa Buckingham plerique alii qui in Conditionem hane jurarunt omnes in opere sunt vigilantissimi Horum alii Aulicorum alii Politicorum Officiorum spe inescantur alii ad sexdecim Pileos Cardinales vacantes attendunt qui ideo ab aliquot annis otioss detinentur ut spem vanam expectantibus imponant 21. Praeses nominatae Societatis erat Mi-lord Gage Sacerdos Jesuita ante triennium defunctus Habebat is Palatium lascivis Picturis exornatum quae prophanitatem in aedibus mentiebantur Palliabatur vero illis Monasterium quo quadraginta Moniales sustentabantur tanto Palatio occultatae Situm 〈◊〉 in Platea Reginae quam Statua Regina aurea decorat Istam Plateam totam Jesuitae Seculares emerunt redegeruntque in Quadratum ubi tacitae Collegium Jesuiticum exstruitur ea spe ut quam primum Reformatione universali incepta aperte elaborari possit Legatus Pontificius triplici Charactere sive Cifra utitur Uno quo cum omnibus Nunciis communicat altero cum solo Cardinale Barbarino Tertio quo secretioria nonnulla communicanda occultat Quaecunque per hebdomadam ab Societate aut aliis Exploratoribus excepit illa uno fasciculo consarcinat sub inscriptione Al Monsignor Stravio Archidiacono di Cambray dedicat ab quo tandem promoventur Romae His ita constitutis si singula ad trutinam ponantur satisfiet in specie omnibus Articulis propositis QUIBUS 1. COnjuratio in Regem Dominum Archiepiscopum detegitur Media quibus exitium utrique minatur demonstratur 2. Pericula Regno utrique imminentia recensentur 3. Exortus incendii illius Scotici progressus enarratur 4. Media quibus turbae istae Scoticae sedari possint suggeruntur postquam enim resciverint Scoti à quibus in quem finem animi ipsorum accendantur consulent sibi properè neque utriusque partis vires succumbere sinent ne medius sese interponat qui utramque quaerit 5. Quo ense Regis petatur jugulum etiam turbis istis sopitis Cunei Confessio oculataque demonstratio docet 6. Lous Congregationis in AEdibus Capitanei Redae nominatur 7. Dies expeditionis octiduae per Redam Legatum injungitur 8. Quomodo nomina Conjuratorum innotescere possent 9. Ubi tota ista Congregatio possit circumveniri 10. Infideles nonnulli ab parte Regis praecipuorum de nomine notificantur plures quorum nomina non occurrunt habitationes tamen notae sunt de nomine facile ab Reda extorqueri poterunt Si cautè in his procedetur nervus totius negotii in apricum prodibit ita Sagitta praevisa effugietur periculo quod ut succedat prospere Creator Omnipotens faxit A further Evidence and Confirmation of some things in the Relation concerning the Arch-Bishop of Canterbury THE Relation of this horrid Plot by a chief Actor in it with which the Arch-Bishop acquainted the King not many Days before this Parliament began lay concealed among the Arch-Bishop's Papers without any Prosecution of the Conspirators for ought appears who are since dispersed in part by the Parliament but neither Dissolved nor taken off this Plot but more active in it putting forth their last and utmost Endeavours in all Places to accomplish this their Design which they have almost brought to Maturity to our Shame and Grief by new raised Civil Wars both in Ireland and England Two things in this Plot which concern the Arch-Bishop may perchance seem strange to different sorts of Men. First That the Pope's Legat should presume to tempt the Arch-Bishop with the Offer of a Cardinal's Cap and that certainly no such Proffer was ever made unto him But to put this out of Question The Bishop himself under his own Hand among other Memorials in the Journal of his Life found in his Pocket hath these two remarkable Notes Anno 1633. August 4. Sunday News came to Court of the Lord Arch-Bishop of Canterbury's Death and the King resolved presently to give it me That very Morning at Greenwich there came one to me SERIOUS-LY and THAT AVOWED ABILITY TO PERFORM IT and OFFERED ME TO BE A CARDINAL I went presently TO THE KING and ACQUAINTED HIM BOTH WITH THE THING and PERSON August 17. the same Month Saturday I had A SERIOUS OFFER MADE ME AGAIN TO BE A CAR-DINAL I was then from Court but so soon as I came thither which was Wednesday August 21. I ACQUAINTED HIS MAJESTY WITH IT But my Answer again was That somewhat dwelt within me that would not suffer that TILL ROME were other than it is So that by his own Notes it appears a Cardinal's Cap was twice proffered him very seriously and that he acquainted the King with it not by way of Complaint to crave Justice against the Party who durst presume to tempt him with such a Foreign Dignity to be the Pope's Sworn Instrument but by way of Advice and to sound his Majesty's Opinion hereof as his Answer imports Neither did he absolutely disclaim the Dignity it self as if he might in no case accept it but conditionally Till Rome should be other than it is now and then he would not refuse it Indeed the Arch-Bishop in his Reply to Fisher challengeth this Title Patriarch of another World as his Due being given to his Predecessor Anselme and therefore cannot brook any other Pope in point of Sovereignty to Lord it over him here and this made him refuse the Cap. But had he resisted the 〈◊〉 Landing or Continuance here which he never did for ought appears but entertained some Familiarity with him at first though they afterwards grew more strange or peremptorily refused the first Offer with Indignation thrust out the Legat or Offerer by Head and Shoulders prosecuted him as he did poor innocent Puritans upon the Statute of 23 Eliz. c. 1. as a Traytor for attempting to seduce and subject him to the See of Rome or brought him publickly into the Star-Chamber or High-Commission as he did some others for lesser pretended Crimes and Scandals he had discharged the part of a good zealous Prelate and Protestant But here was no
such Proceeding in this Case The very Parties that tendred this Cap presuming some good Inclination in him to accept it and to the Romish Church which he maintains to be a True Church wherein Men are and may be saved And the Second Proffer following so soon at the Heels of the First intimates That the First was in such sort entertained by him as rather encouraged than discouraged the Party to make the Second And his Second Consultation with the King concerning it insinuates That the King rather enclined to than against it or at leastwise left it arbitrary to him to accept or reject it as he best liked As for his Severity in prosecuting Papists it appears by his Epistle to the King before his Conference with the Jesuit Fisher where he useth these Speeches of his Carriage towards them God forbid that I should perswade a Persecution in any kind or practise it in the least against Priests and Jesuits For to my remembrance I have not given him or his so much as cross Language Therefore he is no great Enemy to them The Second thing which may seem strange to others is this That the Pope's Legat and Jesuits should ever hate or conspire his Death unless he were an utter Enemy to all Popery Papists and the Church of Rome which admits an easie Answer The Truth is the Bishop being very pragmatical and wilful in his Courses could not well brook pragmatical peremptory Jesuits who in Popish Kingdoms are in perpetual Enmity with all other Orders and they with them they having been oft banished out of France and other Realms by the Sorbonists Dominicans and other Orders no Protestants writing so bitterly against these Popish Orders as themselves do one against the other yea the Priests and Jesuits in England were lately at great Variance and persecuted one another with much Violence This is no good Argument then that the Arch-Bishop held no Correspondence with Priests and other Orders and bare no good Affection to the Church of Rome in whose Superstitious Ceremonies he outstripped many Priests themselves What Correspondency he held with Franciscus de Sancta Clara with other Priests and Dr Smith Bishop of Calcedon whom the Jesuits persecuted and got Excommunicated though of their own Church and Religion is at large discovered in a Book entituled The English Pope and by the Scottish Common-Prayer Book found in the Arch-Bishop's Chamber with all those Alterations wherein it differs from the English written with his own Hand some of which smell very strongly of Popery As namely his blotting out of these Words at the Delivery of the Bread and Wine in the Sacrament Take and eat this in remembrance that Christ died for thee and feed on him in thy Heart by Faith with Thanksgiving Take and drink this in remembrance that Christ's Blood was shed for thee c. and leaving only this former Clause the better to justifie and imply a Corporal Presence of Christ in the Sacrament The Body of our Lord Jesus Christ which was given for thee The Blood of our Lord Jesus Christ which was shed for thee preserve thy Body and Soul unto everlasting Life And this Popish Rubrick written with his own Hand The Presbyter during the time of Consecration shall stand AT THE MIDDLE OF THE ALTAR where he may with more Ease and Decency USE BOTH HIS HANDS than he can do if he stand at the North-end With other Particulars of this kind Moreover in his Book of Private Devotions written with his own Hand he hath after the Romish Form reduced all his Prayers to Canonical Hours And in the Memorials of his Life written with his own Hand there are these suspicious Passages among others besides the Offer of the Cardinal's Cap Anno 1631. Jun. 21. 26. My nearer Acquaintance began to settle with Dr. S. God bless us in it Junii 25. Dr. S. with me at Fulham cum Ma. c. meant of Dr. Smith the Popish Bishop of Calcedon as is conceived Jun. 25. Mr. Fr. Windebank my old Friend was Sworn Secretary of State which Place I OBTAINED FOR HIM of my Gracious Master King Charles What an Arch-Papist and Conspirator he was the Plot relates and his Flight into France for releasing Papists and Jesuits out of Prison and from Executions by his own Warrants and imprisoning those Officers who apprehended them confirms About this time Dr Theodore Price Sub-dean of Westminster a Man very intimate with the Arch-Bishop and recommended specially to the King by him to be a Welch Bishop in Opposition to the Earl of Pembrook and his Chaplain Griffith Williams soon after died a Reconciled Papist and received Extream Vnction from a Priest Noscitur ex comite August 30. 1634. he hath this Memorial Saturday at Oatlands the Queen sent for me and gave me Thanks for a Business with which she trusted me her Promise then that she would be my Friend and that I should have immediate Address to her when I had occasion All which considered together with his Chaplains Licensing divers Popish Books with their expunging most Passages against Popery out of Books brought to the Press with other Particulars commonly known will give a true Character of his Temper that he is another Cassander or middle Man between an Absolute Papist and a real Protestant who will far sooner hug a Popish Priest in his Bosom than take a Puritan by the Little Finger An absolute Papist in all matters of Ceremony Pomp and external Worship in which he was over-zealous even to an open 〈◊〉 Persecution of all Conscientious Ministers who made Scruple of them if not half an one at least in Doctrinal Tenets How far he was guilty of a Conditional Voting the breaking up the last Parliament before this was called and for what end it was summoned this other Memorial under his own Hand will attest Decemb 5. 1639. Thursday the King declared his Resolution for a Parliament in case of the Scottish Rebellion The first Movers to it were my Lord Deputy of Ireland my Lord Marquess Hamilton and my self And A RESOLUTION VOTED AT THE BOARD TO AS-SIST THE KING IN EXTRAORDINARY WAYS IF THE PARLIAMENT SHOULD PROVE PEEVISH AND REFUSE c. But of him sufficient till his Charge now in preparation shall come in Observations on and from the Relation of this PLOT FRom the Relation of the former Plot by so good a Hand our own Three Realms and all Foreign Protestant States may receive full Satisfaction First That there hath been a most cunning strong execrable Conspiracy long since contrived at Rome and for divers Years together most vigorously pursued in England with all Industry Policy Subtilty Engines by many active potent Confederates of all sorts all Sexes to undermine the Protestant Religion re-establish Popery and alter the very Frame of Civil Government in all the King's Dominions wherein a most dangerous visible Progress hath
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
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
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
In a Book 〈◊〉 The Remonstrance of the Nobility 〈◊〉 〈◊〉 Ministers and Commons within the Kingdom of Scotland Feb. 27. 1639. p. 12. Edinburgh 9. These Papers were taken 〈◊〉 the Arch-Bishop by Pryn 1643. May. 31. and shortly after Published 〈◊〉 a Pamphlet Entituled Rome's Master-piece H. W. Ps. 31. 〈◊〉 16. Remonst die Mercurij 15. Decemb. 1641. p. 20. * Ministers Rushw. 〈◊〉 †Design Rush. Pryn. 〈◊〉 * Remonstr Die Mercurij 15. 〈◊〉 1641. p. 14. †Distinction Rushw. Disunion Pryn. Ad 〈◊〉 Exod. 12. 49. * Which †Remonst Die Mercurii 15. Decemb. 1641. p. 20. * 26. Septemb. 1635. †11. Octob. 1635. * Dat. Sept. 14. 1635. These Words are added from Pryn Rushw. Ad 13. * Maule †Feb. 8. 1641. * Proceedings of the Assembly at Perth p. 40. 68. †P. 41. †〈◊〉 * Assured Ad 14. * A forementioned Crimes Rushworth Crimes aforementioned were done and committed Pryn. †One of Rush. Pryn. | These words are added from Pryn Rushworth * Feb. 10. 1641. Feb. 26. 1640. Vide 〈◊〉 p. 202. Mar. 〈◊〉 1640. †And more Mar. 1. 1640. Mar. 12. 1640. Mar. 13. 1640. Mar. 22. 1641. Maij 1. 1641. See the King's Speech apud Rush. p. 239. Maij 9. 1641. Maij 12. 1641. It is 〈◊〉 apud Rushw. p. 267. Maij 1. 1641 Psal. 69. 12. Junij 23. 1641. * f. Hatred Junij 25. 1641. Julij 1. 1641. Aug. 10. 1641. †From 〈◊〉 9 till Octob 20 So Rushworth p 387 388. Octob. 23. 1641 * Objected Nov. 1. 1641. Nov 25. 1641. Vide Rushw. p. 429. c. Dec 30. 1641. See Rushw. p. 468. The Address of the 12 Bishops here subjoyned is not right It should be to the King Quaere W. S. A. C It was directed To the King 's most Excellent Majesty and the Lords and Peers Assembled in Parliament And was intended to have been presented in the House of Lords the King being present although it was presented in the absence of the King See Life of Arch-Bishop Williams par 2. pag. 178. H W. It is also extant in Rushworth p. 466. In Heylin's Life of Laud p. 490. In Hacket's 〈◊〉 of Williams p. 178. * up Rushw. †debatable Rushw. | Rushw. * Lords and Peers Rushw. †their duties Rushw. * and the maintenance thereof Rush. †move them to adhere Rushw. * can find Rushw. †these particulars Rushw. * humbly Rushw. †that Rushw. * or Rushw. †until Rushw. * good Rushw. †that Rushw. * Laws Orders Votes Rushw. Rushw. * House Rush. †the Rushw. * this their Rushw. †violent Rushw. * Honourable Rushw. †or this their Rushw. †Amongst his Rushw. Jan. 4. 1641. Jan. 20. 1641. Feb. 6. 1641. Vide Rushw. par 3. vol. 1. p. 276. 〈◊〉 280 281 282. 396 397. 553. He saith it was Passed by the King 〈◊〉 Munday Febr. 14. Feb. 10. 1641. Feb. 11. 1641. Feb. 14. 1641. It may be found intire in 〈◊〉 p. 554. Feb. 16. 1641. See 〈◊〉 p. p. 555. Febr. 17. Febr. 19. Feb. 19. 1641. Feb. 20. 1641. Mar. 4. 1641. Mar. 6. 1641. Feb. 5. 1627. Mar. 3. 1641. * Prudence Mar. 19. 1641. Mar. 21. 1641. Mar. 23. 1641. Mar. 24. 1641. Mar. 31. 1642. April 1. 1642. Apr. 13. 1642. Apr. 20. 1642. Apr. 25. 1642. 〈◊〉 3. 1642. 〈◊〉 16. 1642. Maij 15. 1642. * 〈◊〉 Aug. 19. 1642. Sept. 1. 1642. Sept. 9. 1642. Sept. 10. 1642. Octob. 15. * It was so then though now 〈◊〉 Octob. 24. Octob. 27. †f. Person Octob. 28. Novemb. 2. Novemb. 9. Novemb. 16. Novemb. 22. Novemb. 24. Decem. 7. 1642. Decemb. 8. Decemb. 19. Decemb. 23. Jan. 5. 1642. Jan. 26. Feb. 3. 1642. Feb. 14. Mar. 2. 1642. Mar. 24. 1642. * for Culmer Mar. 28. 〈◊〉 April 11. April 13. April 14. April 21. April 24. May 1. May 2. May 9. 1643. May 16. May 17. The Ordinance may be found at large in Rushw. par 3. vol. 2. p. 〈◊〉 May 20. May 26. May 23. May 31. The Warrant may be found in Pryn's Breviat of the Life of the Arch-Bishop p. 28. Junij 10. 1643. It may be found also in Rushw. par 3. vol. 〈◊〉 p. 330. * of Canterbury Rushw. †be Susp Rush. * his Rushw. †his Rushw. * Et Sequestrationis Rush. 〈◊〉 11. 1643. Junij 12. Julij 1. Cicero L. 1. Tuscul. Qu. Julij 12. Aug. 3. Aug. 5. 1643. Aug. 6. Aug. 7. Aug. 8. Aug. 9. Aug. 10. Aug. 11. Aug. 15. Aug. 19. Aug. 20. * Low-Laighton Aug. 27. September 11. September 25. Octob. 3. Octob. 24. See the Articles and Order of the Lords made thereupon apud Rushworth par 3. vol. 2. p. 817 820. apud Pr. p. 38 41. The A. B's 〈◊〉 may be found in Rushpag 820. Pryn p. 41. Hern and Chute were assigned by Order of the Lords Octob. 24. Hales added by their Order Octob. 28. See both Orders apud Rushworth p. 821. Pryn p. 41 42. Gerrard added by their Order Jan. 16. See this Order also ibid. p. 825 46. The first Order apud Heylin's Life of Laud p. 513. Octob. 27. Octob 28. 1643. See the Order of the Lords apud Rushw. p. 821. Pryn p. 42. Octob 31. The Petition may be found apud Rushw. p. 821. Pryn p. 42. See the Order of the Lords Ibid. p. 822. 42. Novemb. 6. Novemb. 7. Novemb. 8. Novemb. 13. See the Order apud Rushw. p. 822. Vide Rushworth p. 822 Pryn p. 43. This Answer is otherwise worded in Pryn's Compl. Hist. p. 43. who took it I suppose from the Parliament Records W. S. A. C. It is thus worded All advantages of Exception to the said Articles of Impeachment to this Defendant saved and reserved this Defendant humbly saith that he is Not Guilty of all or any the Matters by the said Impeachment Charged in such manner and form 〈◊〉 the same are by the said Articles of Impeachment Charged See the Order 〈◊〉 Rushw. p. 822. Pryn p. 43. * were Dec. 8. 1643. Decemb. 13. Decemb. 18. Decemb. 〈◊〉 Jan. 3. 1643. See the Order apud Rushw. p. 823. Pryn p. 43. Januar. 6. The Petition may be found apud Rushw. p. 823. And the Order of the Lords p. 824. Both apud Pryn p. 44. Januar. 7. * For so those Puritans stiled and accounted the Sunday H. W. Januar. 8. Januar. 16. Vide the Order apud Rushw. p. 824. Pryn p. 45. Mr. Maynard was then chief Manager for the Commons See his Speech made then to the Lords apud Rushw. p 824 Pryn p. 45. See the Order apud Rushw. p. 825. Pryn p. 46 47. Jan. 22. 1643 See the Arch-Bishop's Petition made herein Jan. 19. apud Rushw. p. 825. Pryn. p. 46. This Answer was put in Jan. 22. being short and in general Pleading Not Guilty and making only a short particular Plea to the 13 th Article The said Answer may be found in Rush. p. 826. Pryn p. 47. I have Transcribed it from
his Reports W. S. A. C. A short Introduction The Charge upon what it consists The Titles of the several parcels of the Articles upon which the Charge against the Arch-Bishop was made up The 〈◊〉 upon his Councel by Reason of the mixt Charge without distinguishing what was intended to 〈◊〉 a Treason what a 〈◊〉 The two Points presented by Councel in writing to be 〈◊〉 upon for his Defence in point of Law The first only admitted The Method proposed The three General Charges Two General Questions to be insisted upon In maintenance of our first 〈◊〉 upon the first Question The uncertainty of what was or was not Treason produced the Law of 25 Ed. 3. The Parliament of 25 Ed. 3. by Reason of that Law called Parliamentum Benedictum and that no Law had deservedly more Honour than Magna Charta The Act of 25 Ed. 3. the Rule in Parliament to judge Treasons by Parliament Roll 1 H. 4. num 144. the Prayer of the Commons Parliament Roll 5 H. 4. num 12. Case Earl of Northumberland ☜ Treasons particularly Enacted after 25 Ed. 3. still reduced to that Law Treasons made in the divided time of R. 2. reduced per Stat. 1 H. 4 cap. 10. Made in the time of H. 8. reduced 1 Ed. 6. cap. 12. Made in the time of Ed. 6. reduced by the Act of 1 Mariae cap. 10. ☜ From 1 H. 4. to this day no Judgment in Parliament given of any Treason not contained in that Law This Law in all times the Standard to Judge Treasons by Treasons declared per Stat. 25 Ed. 3. cap. 2. ☞ Stat. 25 Ed. 3. may admit no construction by Equity or Inference to make other Treason than thereby declared Reasons why not Viz. Instances where it would not Stat. 3 H. 5. cap. 6. 1 M cap. 6. Cok. Collections 〈◊〉 of the 〈◊〉 ☜ 2. Question Mildmay's case 6. Report Coke fol. 42. ☜ Objection Answer ☞ Parliament Roll 28 H. 6. num 28. to 47. In the Case of the Duke of Suffolk Articles Cardinal Woolsey in Parliament 21 H. 8. Indictment K. Bench Ligham 23 H. 8. Empson 1 H. 8. ☞ Answer to the second General Charge of endeavouring to subvert Religion Stat. 5. R. 2. C. 5. 2 H. 5. C. 7. ☜ Stat. 1 Ed. 6. C. 12. 1 Mar. C. 12. Answer to the third general Charge labouring to subvert and incense the King against Parliaments Articles against the Duke of Ireland and others 11 R. 2. ☜ 14 Article Answer to the particular Articles insisted upon 〈◊〉 in the Charge The first Particular Differences between the Matters charged the Fact made Treason by the Statute 3 Jac. C. 4. The second Particular Number of Crimes below Treason or Felony cannot make a Treason Power 〈◊〉 declare 〈◊〉 per Stat. 25. 〈◊〉 3. c. 2. Wherein we conceive there is no power to declare an Offence below a Felony to be a Treason ☜ ☜ Earl Strafford ☜ Whatsoever hath been hitherto placed in the Margin of this Argument was transcribed from Mr. Hern's own Copy But this which followeth I transcribed from a loose Note wrote by an unknown hand and affixed to this place H. W. Concerning the Proviso in 25 Ed. 3. last mentioned it is observable That Mr. Lane in the Lord Strafford's Tryal saith That that Clause of Provision 25 Ed. 3. is quite taken away by 6 Hen. 8. Cap. 4. 20. So that no Treason is now to be reckoned but what is literally contained in 25 Ed. 3. See for this Whitlock's Memoirs pag. 43. See also Burnet's Hist. Reform Part II. pag. 253. about the Repeal of Treasons Octob. 22. 1644. Octob. 28. 〈◊〉 1. Novemb. 2. Novemb. 6. Novemb. 11. My Defence in the House of Commons 1. 2. 3. 4. * Quomodo potest malus litigator landare 〈◊〉 Aug. Epist. 166. I. II. * Cont. Fisher p. 211. * An. 45. Ed. 3. * Tacit. L. 6. Annal. * Annum jam agens septuagesimum secundum Novemb. 13. 1644. Novemb. 16. Novemb. 22. Novemb. 23 Novemb. 29. Novemb. 28. Decemb. 〈◊〉 Decemb. 16. 1644. Decemb. 17. Decemb. 24. Decemb. 25. Jan. 2. 〈◊〉 Jan 3. 1 Pet. 2. 23. Judg. 16. 30. Exod. 12. 〈◊〉 John 19. 11. Dan. 3. * This Sea 〈◊〉 Copy Luk. 6. 39. †In this way Hind's Copy Job 11. 48. Act. 6. 12. Act. 12. 3. Esa. 1. 15. Psal. 9. 12. Heb. 10. 31. Sir John Clotworthy * So Lord Hind's Copy * hath The shorter Lines both here and afterwards are Abbreviations of so many several parts of the Will made by W. S. A. C. * f. each * f Rich. Cobb 〈◊〉 cunctis liberalium Artium Disciplinis eruditum pro Magistro teneamus quasi Comparem velut alterius Orbis Apostolicum 〈◊〉 Capgr in vit S. Anselmi Gu. 〈◊〉 de Gestis Pontific Anglor p. 223. 〈◊〉 prima Sedes Archiepiscopi habetur qui est totius Angliae Primas 〈◊〉 Id. Ibid. p. 195. * Hieron Lamas in Summa p. 3. c. 3. in 1 Cor. 10. 3. in 1 Cor. 〈◊〉 24. Integritatis Custodes Recta sectantes De vera Relig. c. 5. 〈◊〉 2. 12. Anno 1445. Anno. 1446. Anno 16. Rich. 2. cap. 5. Lib. XIX An. 1374. Statutum de An. 27 Eliz. St. Hilary l. 10. de Trin. p. 165. Cor. 13. 8. The Definition or Description of a Sectary is wanting in the Original H. W. * Prov. 1. 8. c. 6. 20. Nec aliae Preces omnino dicantur in Ecclesiâ nisi quae à prudentioribus traditae vel 〈◊〉 in Synodo 〈◊〉 ne fortè aliquid 〈◊〉 Fidem vel per Ignorantiam vel per minus Studium sit compositum Concil Milevita 2 can 12. 23. Rom. 6. 17. Phil. 3. 16. 1 Tim. 5. 22. 2 Tim. 1. 13. St. Luke 11. 1. v. 2. St. Chrysost. in Rom. 8. 26. 1 Eliz. c. 1. Acts 15. 24 29. v. 28. St. Luc. 11. 2. In his Speech against the Bishops Votes in Parliament p. 3. Psal. 110. 3. In decoribus Sanctitatis Ar. Mant. Ibid. 1. 2. 3. Psal. 95. 6. 4. Levit. 5. 7. * Apud Ainsworth in Levit. 20. 3. Levit. 7. 25. Levit. 17. 4. 9. 10. * 'T is Fallacia Accidentis For it is not in or of the nature of Prayer that it should be in a negligent Form set down or negligently performed but a meer accident and a bad one 1 Cor. 1. 21. * In the Church of Africa when the Arian Heresie began the Church had suffered so much by the Preaching of Arius the Presbyter that they made a Law not to suffer any Presbyter 〈◊〉 Preach at all at least not in the Mother Church and in the Bishop's Presence As may be seen in Socrates l. 5. Hist. c. 22. And though this may seem a 〈◊〉 Cure yet when the Disease grew Masterful and 〈◊〉 the Church did not refuse to use it 'T is Vniversal for Time For it is testified by Dionysius the Areopagite if those Works be his De Ecclesia Hierar P 77 Edit Gr Lat. and he was one of the
Legat should be so familiar with the King and the King make much of him instead of banishing him is a Riddle * The Archbishop therefore and he had some familiarity and acquaintance at first * This offer appears under the Arch Bishop's own hand in the 〈◊〉 of his Life The Papacy of Cant. and this otherWorld is of greater value than an Italian Cardinalship But he kept not him from the Court. Jesuits are both diligent and able to remove their 〈◊〉 at Court from out of Place and Favour too It is admirable this Faction should be so powerfully predominant as to displace the greatest and faithfulest Officers Jesuit I will be sure to move Hell when they cannot prevail with Heaven Jesuits cannot indure neuters If a man may be saved in any Religion be may safely imbrace any and cleave close to none * The Bishop's Tyranny against Puritans the best advantage and greatest advancement of Popes designs * He means the Scottish Prayer-book the alterations whereof from the English were found in the Original Copy under the Arch-Bishop's own hand when his Chamber was 〈◊〉 The Jesuits love to Fish when the Bishops trouble the Streams with their Innovations and Popish Ceremonies The Jesuits the plotters and chief directors of the Scottish War * The King tied to Conditions by Papists before they aided him †Now practised in Oxford Wales and the Northern parts by open toleration * The more shame and pity and a good Caveat for the Parliament henceforth to look to it †The King then must needs be in great danger among Papists now * Jesuits make but a vaunt of poysoning Kings †The Jesuits it seems know very well King James was poysoned belike by some of their Instruments * It seems some Noblemens Chaplains are but the Popes and Jesuits Intelligencers if not their Confederates All foreign Popish States contribute their best assistance to reduce England to Rome * A meet Guerdon for such a Service Jesuits will not give over acting till they 〈◊〉 their Designs Bishops Sons oft-times the Pope's greatest Agents 〈◊〉 industrious Activity should shame our Slothfulness The Protestants want of such mutual correspondency and intelligence is a great weakning to their cause Let them learn Wisdom by their Enemies * A 〈◊〉 place for their intelligence and correspondency with Ireland lying in the midst between both The Jesuits 〈◊〉 make 〈◊〉 use of all Nations and 〈◊〉 * O that such Romish Seducers should obtain such Power and Rewards for being seducing Instiuments The Jesuits it seems are very powerful at 〈◊〉 The Pope's weekly intelligence at Rome from hence can 〈◊〉 no 〈◊〉 〈◊〉 England Jesuits 〈◊〉 how to 〈◊〉 their Names and 〈◊〉 There are more Popish Chapel in and about London than are 〈◊〉 known Jesuits can 〈◊〉 any 〈◊〉 or Part to delude the 〈◊〉 Papists large Contributions to undermine our Religion should make us liberal to defend it Jesuits are as wise as Serpents though not so innocent as Doves The Jesuits 〈◊〉 of the Serpent to seduce men by female 〈◊〉 to their ruin Her Voyage to Rome to visit the Pope made her frequently to visit his Legat The Countess belike was his forerunner 〈◊〉 No wonder theEarls Debts be so great A School of Nunns Is not the King in gre it danger who hath such a Person in his Bed-chamber now keeper of the great Seal Both King and Prince have Jesuitical 〈◊〉 in their Bed-chambers All businesses and imployments must be 〈◊〉 〈◊〉 aside to 〈◊〉 this Plot. A Jesuitical Secretary his 〈◊〉 and Articles in Parliament confirm 〈◊〉 this and more Papists spare no cost The other Conspirators Names A sit Cover for such a Dish It seems their Purses were strong and their hopes great A good Caveat for England now †Jesuits know well how to equivocate thus * Ij Popes must not favour Protestant Princes it s a Miracle that they should favour them or harbour any of their Agents now neer them a I did all I could and the whole Business was examined at a Committee of Lords his Majesty being present And Sir William Roswell's last Answer to these Lords Committees came after I was committed when it lay not in my Power to follow it any farther * This must needs be the 〈◊〉 or one employed from him b Yet by 〈◊〉 c Most false d This is added * Page 171. e 'T is no Challenge neither f Most false g I could not prosecute him Nor the Author of this Tract had he been in my place h The slanderous Tongues of your Faction made him presume if any thing i These Words are not mine Besides take the whole Sentence and then c. * See the General Hist. of France in the Life of H. 3. 4. ‖ See the English Pope k I had 〈◊〉 with either of them And have received Blame from some Great Men that I would not make use of them as my Predecessor 〈◊〉 have done k I had 〈◊〉 with either of them And have received Blame from some Great Men that I would not make use of them as my Predecessor 〈◊〉 have done l I had good reason to write them in my own Hand Yet shall they never be proved to be all 〈◊〉 And if they were yet c. m This is according to the First Book of Edw 6. * With which his Speech in Star-chamber agrees There it is Hoc est corpus meum c. n This is no greater Proof of Corporal Presence than the retaining of it is only to make a bare remembrance c. * To elevate the Hostia as Papists do o It was never meant of Dr. 〈◊〉 p I hope I shall not answer for other Men if they prove not as they should * See the Articles against him in Parliament q He was 〈◊〉 inward with another Bishop and who laboured his Preferment more 〈◊〉 I. r Go Potlids s My Chaplains have answered their Faults or may when 〈◊〉 t Who told you so u Vtterly False x I helped on that Parliament And Sir Henry Vane was the Man that brake it for ought I know y When 't is prepared it shall be welcome to me to have any end * 〈◊〉 Eccles. 〈◊〉 p. 322. Ead. lib. 1. and 〈◊〉 Acts and Mon. Vol. 1. Edit ult p. 926. * 23 Eliz. c. 1. 35 Eliz. c. 2. 3 〈◊〉 c. 3 4 5. * See 1 2 Phil. Mary c. 8. * Joh. 10. 10 11 12 13. †2 Joh. 10 11. * Gratian. caus 23. a Sir Henry Vane wrought him out * Gen. 3. †1 King 11. ‖ Qui amat 〈◊〉 peribit in co * Chamberlain Cardinal Richelieu his Agent * Now a Prisoner in the Tower and taken in the Field in actual Rebellion in Ireland * Grimston in his Life Fox Speed †General History of France * 〈◊〉 Grimston †See Dr. 〈◊〉 Book and the Commons Charge against the Duke of 〈◊〉 * It should seem that this Popish 〈◊〉 had assumed a wrong Name and made use of that of a much 〈◊〉 Person then a Member of the Vniversity who perhaps being absent at that time might have unadvisedly left a Commission with this Emissary to receive the Letters directed to him at Oxford For from Dr Bayly's Answer to the Arch-Bishop it appears that after all the enquiry he could make into the matter he could not find any reason to fasten any Suspicion upon Mr. Pully or that he was in the least inclined to Popery * His Name is Weale Ethic. l. 1.
into the Hands of the Parliament His Words are concerning the Government and Liturgy of the Church his Majesty is willing to declare that he will refer that whole Consideration to the Wisdom of his Parliament which he desires them to enter into speedily that the present Distractions about the same may be composed But desires not to be pressed to any single Act on his part till the whole be so digested and setled by both Houses that his Majesty may clearly see what is fit to be left as well as what is fit to be taken away So here they are made Masters of all and in a time of great exasperation against the Clergy and the Bishops and their Votes being newly thrust out of the House So God bless the poor Church of England for I very much fear this can bode no good The same Day being Munday there came an Order from the Lords that the Twelve Bishops which were Committed Decemb. 30. might put in Bayl if they would and that they should have their Hearing upon Friday Febr. 25. They were glad Men procured their Bayl and went out of the Tower on Wednesday Febr. 16. This Order of the Lords was known to the House of Commons well enough yet they would take no Notice of it nor offer to stay the Bishops But on Wednesday after they were sure the Bishops were come forth and gone to their several Lodgings they sent a Message to the Lords that they desired the Bishops might be presently remanded to safe Custody or else they might and would Protest against their Lordships for Breach of the Priviledges of their House Because being Impeached by them the Lords had Bayled them without acquainting them first with it in a Parliamentary way This Message was very high and so delivered by Mr. Denzil Hollis The Lords yielded And the poor Bishops were brought back again to the Tower the next Morning Febr. 17. But with an Order that they should not pay new Fees and with a Promise that their Cause should be heard on Saturday Febr. 19. I will not so much as dispute any Priviledge of the House of Commons and I presume the Lords were not willing to break any This I am sure of that as this Business was carried though the Bishops had a great Indignity and Scorn put upon them yet that which was put upon the Lords was far greater and might certainly have been carried in a smoother way on all Hands On Saturday Febr. 19. according to appointment the Twelve Bishops were all at the House and at the Bar Mr. Glin pressed the Charge of High Treason against them in the Name of the House of Commons The Bishops said not much but their Counsel were very earnest that they might be presently Heard But they were not admitted to speak And so the Business was put off to Thursday Febr. 24. That Night when the Commons were returned into their own House there was a Motion made to proceed against the Bishops by Bill and not in the other Ordinary Way CAP. XIII ON Sunday Feb. 20. there came a tall Gentleman by the Name of Mr. Hunt to my Lodging in the Tower to speak with me I was then in my Bed-Chamber speaking with Mr. Edward Hide one of the House of Commons I went forth to speak with this Mr. Hunt When I came he professed that though he was unknown to me yet he came to do me service in a great Particular And Prefaced it farther that he was not set on to come to me by any States-Man or by any of the Parliament nor did expect any Reward but only was desirous to serve me I wondred what the matter should be Then he drew a Paper out of his Pocket and gave it me to read It contained four Articles fairly Written and drawn up against me to the Parliament All of them were touching my near Conversation with Priests and my endeavour by them to subvert Religion in England He told me when I had read them that the Articles were not yet put into the House They were subscribed by one Willoughby who he said was a Priest but now turned and come away from them I asked him what Service it was that by this he could do to me He said he left me to think on that but professed he looked for no advantage to himself I conceived hereupon this was some piece of Villany and bad him tell Willoughby from me that he was a Villain to subscribe such a Paper and for the Articles let him put them into the Parliament when he pleased Mr. Hunt desired me to take nothing ill from him for he meant me Service I reply'd that he came to me Civilly and used me in Speech like a Gentleman But Willoughby was in this as I had called him I left him and his Paper and returned to Mr. Hide into my Bed-Chamber There I told him and my Servant Mr. Richard Cobb all that passed And they were glad I gave him so short and so harsh an Answer and did think as I my self did that it was a Plot to intrap me After they were gone I sat thinking with my self and was very Sorry that my Indignation at this base Villany had made me so hasty to send Hunt away and that I did not desire Mr. Lieutenant of the Tower to seize on him till he brought forth this Willoughby I am since informed that this Hunt is a Gentleman that hath spent all or most of his Means and I verily believe this was a Plot between him and Willoughby to draw Money from me to conceal the Articles in which way had I complyed with him I had utterly undone my self But I thank God for his Mercy to me I am Innocent and defy in this Kind what any Man can truly say against me On Friday Mar. 4. the two Bishops which were at Mr. Maxwell's namely Thomas Moreton Bishop of Duresme and Robert Wright Bishop of Coventry and Lichfield having formerly Petitioned were present in the House of Commons to speak for themselves and they did so At the same time the Petition of the other ten Bishops which were in the Tower which was sent into that House upon the Example of the other two was read After this a Committee was named to draw up a Bill But what it shall contain is not yet known So herein they departed not from their former Resolution On Sunday Mar. 6. after I came from Sermon I walked in a large Room of which I had the use before I went to Dinner And after I had walked a pretty while expecting some Company upon the sudden as I walked on I heard a great Crack as loud as the Report of a small Dag to my thinking And the Noise being near me I had a conceit that one of the Boards brake under me but it was a Tendon of my right Leg which brake asunder God knows how For I was upon plain Boards and had no uneven step
consider of and on September 27. Friday they were earnestly called upon to hasten their Report And on Friday Octob. 4. Mr. Nicolas made a great noise about me in the House and would have had me presently Censured in the House and no less would serve his turn but that I must be Hanged and was at Sus. per Coll. till upon the Reasons before given that if they went on this way they must Condemn me unheard this violent Clamour ceased for that time And a Message was sent up to the Lords for my Councel to be heard as touching the first Question concerning Treason but not concerning any Exception that they shall take against the Articles in point of certainty This Message the Lords took into present Consideration and Order'd it accordingly And appointed the Friday following being Octob. 11. for my Councel to be Heard and my Self to be present This day according to this Order of the Lords I and my Councel attended My Councel were Mr. Hern and Mr. Hales of Lincolns-Inn and Mr. Gerrard of Grays-Inn When we were called into the House and the Lords setled in their places Mr. John Hern who was the Man that spake what all had resolved on delivered his Argument very freely and stoutly proving that nothing which I have either said or done according to this Charge is Treason by any known Established Law of this Kingdom The Argument follows in these words according to the Copy which Mr. Hern himself delivered me My Lords THE Work of this Day we humbly conceive is in many respects of very great and high Concernment 1. In that it concerns Matter of Life a Thing of the highest Consequence 2. The Life of an Arch-Bishop a Person who had attained the highest Dignity conferred in the Church of England 3. Those Happy Laws many Years since Enacted and Confirmed by several Parliaments to be the Boundaries what was Treason a Crime before so various as it had no Bounds and so Odious that the punishment of it was an Infamous Death a total Confiscation with a Brand of Infamy to all Posterity 4. In that the Charge against him moves from no less a Body than the whole Commons of England which presents him now a Prisoner at this Bar before your Lordships in the High and Supream Court of Judicature in Parliament And if any thing shall fall from us subject to any doubtful Construction we shall humbly crave your Lordships Pardon and Leave to make our Explication For as there is upon us a Duty to be wary not to offer any thing which may minister just Offence so neither may we be unfaithful to omit what may justly tend to our Client's Defence The Charge against him we find to be made up of two several parcels of Articles Exhibited by the Honourable House of Commons 1. The First in Maintenance of their Accusation whereby he stands charged with High Treason 2. The latter Intituled farther Articles of Impeachment of High Treason and divers high Crimes and Misdemeanours for all which Matters and Things they have Impeached him of High Treason and other high Crimes and Misdemeanours tending to the Subversion of Religion Laws and Liberties and to the utter Ruine of this Church and Common-wealth Concerning this Charge and the Arch-Bishop's Defence he hitherto made before your Lordships we by your Lordships Command Assigned his Councel neither have nor could by Reason of the mixt Charge without distinguishing what was thereby intended to be a Charge of Treason and what of Misdemeanour only be farther useful to him than to Advise the Form of his Plea and Answer which we received from him as to all the Matters of Fact to be a Not Guilty We have not in all or any the Facts Charged or Evidenced against him in any sort intermedled But the same how proved and how appliable to the Charges without mention of any of them shall wholly leave to your Lordships Notes and Memories What Defence he hath offered hitherto hath been wholly his own He without us in that and we without consulting him in the work of this day Wherein having received your Lordships Commands we did present in writing the Points in Law we then humbly conceived fit for us to insist upon I. Whether in all or any the Articles charged against him there was contained any Treason by the Established Laws of this Kingdom II. 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 But being enjoyned by your Honourable Order to speak only to the former We shall as in Duty becomes conform thereunto For our Method herein shall follow the course holden in the Reply made upon the whole Articles whereby we conceived the Charges contained in them were reduced to these three Generals 1. A Trayterous Endeavour to Subvert the Fundamental Laws of the Realm and instead thereof to introduce an Arbitrary and Tyrannical Government against Law contained in the first Original and first Additional Articles 2. Secondly A Trayterous Endeavour to Subvert God's True Religion by Law Established and instead thereof to set up Popish Superstition and Idolatry this contained in the seventh Original and seventh Additional Articles 3. Thirdly That he laboured to Subvert the Rights of Parliament and the Ancient course of Parliamentary Proceedings and by False and Malicious Slanders to incense his Majesty against Parliaments And this contained in the fourteenth Original and tenth Additional Articles All other the Articles we humbly conceive to be but Instances conducing and applied to some of those Generals Concerning those three General Heads of the Charge we shall crave leave to propose two Questions to be debated 1. Whether there be at this day any other Treason than what is Declared by the Statute of 25 Ed. 3. Cap. 2. or Enacted by some subsequent particular Statute which we humbly conceive and shall endeavour to satisfie your Lordships there is not any 2. Whether any the Matters in any of the Articles charged contain any of the Treasons declared by that Law or Enacted by any subsequent Law which we likewise conceive they do not And for the clearing of both these shall humbly insist That 1. An endeavour to Subvert the Laws An endeavour to Subvert Religion A labouring to Subvert the Rights of Parliaments Are not Treasons either within the Statute of 25 Ed. 3. or by any other particular Statute 2. That not any of the Particulars instanced in any other the Articles is a Treason within the Statute 25 Ed. 3. or any other Statute And to make good our Tenet upon our first Question shall humbly offer That before this Statute of 25 Ed. 3. Treasons at the Common Law were so general and uncertain that almost any Crime by Inferences and Constructions might be and was often extended to be a Treason in so much as we find in 22o. of the