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
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
just Grievances is not the least Cause of my present Condition In which my Case though not my Abilities is somewhat like Cicero's For having now for many Years defended the Publick State of the Church and the Private of many Church-Men as he had done many Citizens when he by prevailing Factions came into danger himself ejus Salutem defendit nemo no Man took care to defend him that had defended so many which yet I speak not to impute any thing to Men of my own Calling who I presume would have lent me their just Defence to their Power had not the same Storm which drove against my Life driven them into Corners to preserve themselves The First Instance was in Mr. Shervil's Case in which Mr. John Steevens tells what I said to the Councel Pleading in the Star-Chamber which was that they should take care not to cause the Laws of the Church and the Kingdom to clash one against another I see my Lords nothing that I spake was let fall nor can I remember every Speech that passed from me he may be happy that can But if I did speak these Words I know no Crime in them It was a good Caveat to the Councel for ought I know For surely the Laws of Church and State in England would agree well enough together if some did not set them at Odds. And if I did farther say to the then Lord Keeper as 't is Charged that some Clergy-Men had sat as high as he and might again which I do not believe I said yet if I did 't is a known Truth For the Lord Coventry then Lord Keeper did immediately succeed the Lord Bishop of Lincoln in that Office But though I dare say I said not thus to the Lord Keeper whose Moderation gave me no Cause to be so round with him yet to the Councel at the Bar I remember well upon just occasion given that I spake to this Effect That they would forbear too much depressing of the Clergy either in their Reputation or Maintenance in regard it was not impossible that their Profession now as high as ours once was may fall to be as low as ours now is If the Professors set themselves against the Church as some of late are known to have done And that the sinking of the Church would be found the ready way to it The Second Instance was about calling some Justices of the Peace into the High-Commission about a Sessions kept at 〈◊〉 1. The First Witness for this for Three were produced was Mr. Jo. Steevens He says That the Isle where the Sessions were kept was joyned to the Church If it were not now a part of the Chuch yet doubtless being within the Church-Yard it was Consecrated Ground He says That Sessions were kept there heretofore And I say the more often the worse He says That I procured the calling of them into the High-Commission But he proves no one of these Things but by the Report of Sir Rob Cook of Gloucestershire a Party in this Cause He says again that They had the Bishop's License to keep Sessions there But the Proof of this also is no more than that Sir Rob. Cook told him so So all this hitherto is Hearsay Then he says the 88. Canon of the Church of England was urged in the Commission Court which seems to give leave in the close of the Canon that Temporal Courts or Leets may be kept in Church or Church-Yard First that Clause in the end of the Canon is referred to the Ringing of Bells not to the Profanations mentioned in the former part of that Canon Nor is it probable the Minister and Church-Wardens should have Power to give such leave when no Canon gives such Power to the Bishop himself And were it so here 's no Proof offered that the Minister and Church-Wardens did give leave And suppose some Temporal Courts might upon urgent Occasion be kept in the Church with leave yet that is no Warrant for Sessions where there may be Tryal for Blood He says farther That the Civilians quoted an Old Canon of the Pope's and that that prevailed against the Canon of Our Church and Sentence given against them All those Canons which the Civilians urged are Law in England where nothing is contrary to the Law of God or the Law of the Land or the King's Prerogative Royal And to keep off Profanation from Churches is none of these Besides were all this true which is urged the Act was the High-Commissions not mine Nor is there any thing in it that looks toward Treason 2. The Second Witness is Mr. Edward Steevens He confesses that the Sentence was given by the High-Commission and that I had but my single Vote in it And for the Place it self he says The Place where the Sessions were kept was separated from the Isle of the Church by a Wall Breast-high which is an evident Proof that it was formerly a Part of that Church and continued yet under the same Roof 3. The Third Witness is Mr. Talboyes who it seems will not be out of any thing which may seem to hurt me He says The Parish held it no part of the Church Why are not some of them examined but this Man's Report from them admitted They thought no harm he says and got a License But why did they get a License if their own Conscience did not prompt them that something was Irregular in that Business He says he was informed the Sessions had been twice kept there before And I say under your Lordships Favour the oftner the worse But why is not his Informer produced that there might be Proof and not Hearsay Upon this I said so he concludes That I would make a President against keeping it any more If I did say so the Cause deserved it Men in this Age growing so Bold with Churches as if Profanation of them were no Fault at all The Third Instance concerned Sir Tho. Dacres a Justice of Peace in Middlesex and his Warrant for Punishing some disorderly Drinking The Witnesses the two Church Wardens Colliar and Wilson two plain Men but of great Memories For this Business was when I was Bishop of London and yet they agree in every Circumstance in every Word though so many Years since Well what say they It seems Dr. Duck then my Chancellor had Cited these Church-Wardens into my Court Therefore either there was or at least to his Judgment there seemed to be somwhat done in that business against the Jurisdiction of the Church They say then That the Court ended Dr. Duck brought them to me And what then Here is a Cause by their own confession depending in the Ecclesiastical Court Dr. Duck in the King's Quarters where I cannot fetch him to Testifie no means left me to know what the Proceedings were and I have good cause to think that were all the Merits of the Cause open before your Lordships you would say Sir Tho. Dacres did not all according to
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
Secondly he confesses that when Dr. Bray made stay of them he never complained to me and I cannot remedy that which I do not know Thirdly he confesses that all the time he was in Lambeth-House my Predecessor ever left that care of the Press upon his Chaplains and why I might not do it as well as my Predecessor I do not yet know But he said that he complained to Sir Edmund Scott and desired to be advised by him what he should do And that he Answer'd he thought I would not meddle with that troublesome Business more than my Predecessors had done Be this so yet Sir Ed. Scott never told me this nor is there any the least Proof offer'd that he did But because this and the like passages about Expunging some things out of Books makes such a great Noise as if nothing concerning Popery might be Printed And because Mr. Brown in Summing up of the Charge in the House of Commons warmly insisted upon this Particular I thought it necessary to Answer as follows That what moved my Chaplain to Expunge that large passage against Images I knew not nor could I now know my Chaplain being Dead But that this I was sure of that else-where in those very Sermons there was as plain a passage and full against Images left in And in another place a whole Leaf together spent to prove them Idolaters and that as gross as the Baalists and so he terms them Yea and that the Pope is Antichrist too and not only called so but proved by divers Arguments And not so only but in plain Terms that he is the Whore of Babylon And these passages I then Read out of the Book it self in the House of Commons And many other-like to these there are So my Chaplain might see good Cause to leave out some passages Where so many upon as good Cause were left in But to the Business of leaving the Care of these Books and the overview of them to my Chaplains it was then urged That the Commissary of John Lord Arch-Bishop of York had Excommunicated the Lord Bishop of Durham being then in the King's Service And that the Arch-Bishop himself was deeply Fined for this Act of his Commissary And that therefore I ought much more to be answerable for my Chaplain's Act whom I might put away when I would than he for his Commissary who had a Patent and could not be put out at pleasure Mr. Brown also followed this Precedent close upon me But first there is a great deal of difference in the thing it self My Chaplain's Case being but the leaving out of a passage in a Book to be Printed But his Commissary's Case being the Excommunicating of a great Bishop and he in the King's Service of whose Honour the Laws of this Realm are very tender And Secondly the Bishop and his Official call him Chancellor or Commissary or what you will make but one Person in Law and therefore the Act of the Commissary to the full extent of his Patent is the Act of the Bishop in legal Construction and the Bishop may be answerable for it But the Bishop and his Chaplain are not one Person in any Construction of Law And say he may put away his Chaplain when he will yet that cannot help what is past if ought have been done amiss by him And this was the Answer I insisted on to Mr. Brown Upon my entrance on this days Defence I found my self aggrieved at the Diurnal and another Pamphlet of the Week wherein they Print whatsoever is Charged against me as if it were fully proved never so much as mentioning what or how I Answer'd And that it troubled me the more because as I conceived the passages as there expressed trenched deep upon the Justice and Proceedings of that Honourable House And could have no Aim but to incense the Multitude against me With some difficulty I got these Pamphlets received but there they dyed and the Weekly abuse of me continued to keep my Patience in Breath CAP. XXXV The Thirteenth Day of my Hearing THE First Charge of this Day was the Opinion which was held of me beyond the Seas The first Witness was Sir Henry Mildmaye who as is before related told me without asking That I was the most Hateful Man at Rome that ever sate in my See since the Reformation Now he denied not this but being helped on by good Preparation a Flexible Conscience and a fair leading Interrogatory by Mr. Nicolas Mr. Serjeant Wilde was Sick and came no more till the last day when I made my Recapitulation he minced it And now he says that there were two Factions at Rome and that one of them did indeed speak very ill of me because they thought I aimed at too great a Power here in England But the other Faction spake as well of me because they thought I endeavoured to bring us in England nearer to the Church of Rome But first my Lords this Gentleman's Words to me were Round and General That I was hated at Rome not of a Party or Faction there And my Servants heard him at the same time and are here ready to witness it that he then said the Pope was a goodly Gentleman and did use to ride two or three great Horses in a Morning and but that he was something taller he was as like Auditor Philips who was then at Dinner with me as could be But I pray mark what Wise Men he makes them at Rome One Faction hates me because I aim at too much Power And the other loves me because I would draw England nearer Rome Why if I went about to draw England nearer Rome can any among them be such Fools as to think my Power too great For if I used my Power for them why should any there Condemn me And if I used it against them why should any here Accuse me Non sunt haec benè divisa temporibus These things suit not with the Times or the Dispositions of Rome But the plain Truth is I do not think that ever he was at Rome I after heard a whisper that he only stepped into France for another Cure not to Rome for Curiosity which was the only cause he gave the Lords of his going thither 2. The second Witness was Mr. Challoner He says not much of his own knowledge but of Fame that tatling Gossip yet he told the Lords I was a very Obscure Man till within these Fifteen Years Be it so if he please Yet I have been a Bishop above Three and Twenty Years And 't is Eighteen Years since I was first Dean of his Majesty's Chappel Royal. He says that after this time there was a strong Opinion of Reconciliation to Rome A strong Opinion but a weak Proof For it was an Opinion of Enemies and such as could easily believe what they over-much desired He farther said that some of them were of Opinion that I was a good Roman-Catholick and that
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
Novations now spoken of were not then on Foot So that it is evident enough to any Man that will see that these Commotions had another and a higher cause than the present pretended Innovations And if his Majesty had played the King then he needed not have suffered now Besides they are no Fools who have spoken it freely since the Act of Oblivion for the Scottish Business was passed that this great League before mentioned between the discontented Party of both Kingdoms was Consulted on in the Year 1632. and after the King 's being in Scotland Anno 1633. it went on till they took occasion another way to hatch the Cockatrice Egg which was laid so long before But they say these Novations were great besides the Books of Ordination and Homilies So the Books of Ordination and Homilies were great Novations Had they then in Scotland no set Form of Ordination I promise you that 's next Neighbour to no Ordination and no Ordination to no Church formal at least And therefore if this be a Novation among them its high time they had it And for the Homilies if they taught no other Doctrine than was established and current in the Church of Scotland they were no Novations and if they did contain other Doctrine they might have Condemned them and there had been an end Howsoever if these Books be among them in Scotland they were sent thither in King James his Time when the Prelate of Canterbury neither was nor could be the prime cause on Earth of that Novation The other Novations which they proceed unto are first some particular Alterations in matters of Religion pressed upon them without Order and against Law To this I can say nothing till the particular Alterations be named Only this in the general be they what they will the Scottish Bishops were to blame if they pressed any thing without Order or against Law And sure I am the Prelate of Canterbury caused them not nor would have consented to the causing of them had he known them to be such The two other Novations in which they instance are the Book of Canons and the Liturgy which they say contain in them many dangerous Errours in Matter of Doctrine To these how dangerous soever they seem I shall give I hope a very sufficient and clear answer and shall ingenuously set down whatsoever I did either in or to the Book of Canons and the Liturgy and then leave the ingenuous Reader to judge how far the Prelate of Canterbury is the prime cause on Earth of these Things ART I. AND first that this Prelate was the Author and Vrger of some particular Things which made great disturbance amongst us we make manifest first by Fourteen Letters Subscribed W. Cant. in the space of two Years to one of our pretended Bishops Ballatine wherein he often enjoyns him and our other pretended Bishops to appear in the Chappel in their Whites contrary to the Custom of our Kirk and to his own Promise made to the pretended Bishop of Edinburgh at the Coronation That none of them after that Time should be more pressed to wear those Garments thereby moving him against his Will to put them on for that time Here begins the first Charge about the Particular Alterations And first they Charge me with Fourteen Letters written by me to Bishop Ballantyne He was then Bishop of Dunblain and Dean of His Majesties Chappel Royal there He was a Learned and a Grave Man and I did write divers Letters to him as well as to some other Bishops and some by Command but whether just fourteen or no I know not But sure I am their Love to me is such that were any thing worse than other in any of these Letters I should be sure to hear of it First then They say I injoyned wearing of Whites c. surely I understand my self a great deal better than to injoyn where I have no Power Perhaps I might express that which His Majesty Commanded me when I was Dean of his Majesty's Chappel here as this Reverend Bishop was in Scotland And His Majesty's Express Command was that I should take that care upon me that the Chappel there and the Service should be kept answerable to this as much as might be And that the Dean should come to Prayers in his Form as likewise other Bishops when they came thither And let my Letters be shewed whether there be any Injoyning other than this and this way And I am confident His Majesty would never have laid this Task upon me had he known it to be either without Order or against Law Next I am Charged that concerning these Whites I brake my Promise to the Bishop of Edinburgh Truly to the uttermost of my Memory I cannot recall any such Passage or Promise made to that Reverend and Learned Prelate And I must have bin very ill advised had I made any such Promise having no Warrant from his Majesty to ingage for any such thing As for that which follows that he was moved against his will to put on those Garments Truly he expressed nothing at that time to me that might signifie it was against his Will And his Learning and Judgment were too great to stumble at such External Things Especially such having been the Ancient Habits of the most Reverend Bishops from the descent of many Hundred Years as may appear in the Life of St. Cyprian And therefore the Novation was in the Church of Scotland when her Bishops left them off not when they put them on In these Letters he the Prelate of Canterbury directs Bishop Ballantine to give Order for saying the English Service in the Chappel twice a day For his neglect shewing him that he was disappointed of the Bishoprick of Edinburgh promising him upon his greater care of these Novations advancement to a better Bishoprick For the direction for Reading the English Service it was no other than His Majesty Commanded me to give And I hope it is no Crime for a Bishop of England by His Majesties Command to signifie to a Bishop in Scotland what his pleasure is for Divine Service in his own Chappel Nor was the Reading of the English Liturgy any Novation at all in that place For in the Year 1617. I had the Honour as a Chaplain in Ordinary to wait upon King James of Blessed Memory into Scotland and then the English Service was Read in that Chappel and twice a Day And I had the Honour again to wait upon King Charles as Dean of His Majesties Chappel Royal here at his Coronation in Scotland in the Year 1633 And then also was the English Service Read twice a Day in that Chappel And a strict Command was given them by His Majesty that it should be so continued and Allowance was made for it And none of the Scots found any fault with it at that time or after till these Tumults began And for Bishop Ballantyn's missing the Bishoprick of Edinburgh and my promising him
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
Widow and her Children And as himself confesses His Majesty being informed that Mrs. Burrill was Sister to the Reverend Prelate Bishop Andrews being then dead should say that he would not have granted it to Mr. Smith had he known so much This was an Honourable Memory of his faithful Servant her Worthy Brother But whatsoever was done in this business was by Order of the Council-Board and not by me As was also the 250 l. which he says was paid in to Sir William Beecher by way of deposite as I conceive In which if he had any hard Measure the Law was open for his Right And in the whole business he is single and in his own Cause The next Charge was Sir Jo Corbett's which because it is expressed at large in the Article before recited I shall not here repeat but apply the Answer to it which I then gave Sir John says he was sent for about Reading the Petition of Right at a Sessions in the Country and that the Earl of Bridgwater should say he was disaffected to the King This concerns not me in any thing He says That for this he was Committed lay long in the Fleet and was denied Bail But he says it was denyed by the whole Board So by his own Confession this was the Act of the Council not mine And this Answer I gave to Mr. Browne when he put this part of the Charge into his Summ. In his Cause with Sir John Stonehouse about a Waste I cannot recal the Particulars But what-ever was done therein himself confesses was by Order at the Council-Table and His Majesty present April 18. 1638. For the I le built by the Lord Viscount Kilmurrye the Grant which I made was no more than is ordinary in all such Cases And 't is expressed in the Body of the Grant Quantum in nobis est de Jure possumus so there is nothing at all done to the prejudice of Sir John's Inheritance For if we cannot Grant it by Law then the Grant is voided by its own words And that the Grant was such and no other I shew'd the Deeds ready Attested out of the Office Besides had I wronged him there was an ordinary Remedy open by Appeal to the Delegates And this was well known to him for he did so Appeal from a like Grant against him by the now Lord Bishop of Duresme then of Lichfield and Sir John's Diocesan And whereas 't is alledged That I made this Grant without the consent of him the Patron or the then Incumbent Sir John acknowledges like a Gentleman that I sent unto him for his consent if it might have been had And this I foresaw also that if I had denyed the Lord Viscount that which was not unusual then the Complaint would have fallen more heavy on the other side that I made Persons of Quality in a manner Recusants by denying them that conveniency which was in my power to grant So I must be faulty whatever I do Then the business of the Tythes of London was raised up in Judgment against me And it was Read out of my Diary that I projected to give the Ministers assistance therein I had been much to blame having been Bishop of London should I have had other thoughts For their Case is very hard all their Offerings being shrunk a way into nothing but a poor Easter-Book The Ministers of London had often petitioned about some Relief long before my time And I did then and do still think it most just they should have it For they are now under the Taskmakers of AEgypt the Tale of Brick must be made they must Preach twice a Sunday get Straw where they can And yet I never thought of any thing contrary to Law had all been done which I desired For that was no more than that the Citizens would voluntarily yield to some reasonable addition where Right and Need appeared And this I am sure nor did nor could cross with the Act of Parliament concerning the Tythes of London And Mr. Moss who is their only Witness in this particular says no more against me but that I pressed this business much and often Which is most true I did and held it my Duty so to do but still in the way before mentioned After this came the great Charge as it was accounted concerning the Censure of Mr Pryn and Burton and Bastwick in the Star-Chamber and their Banishment as 't is called upon it The Witnesses produced in some Circumstances of that Cause were Mr Cockshott Tho Edwards William Wickens Mr Burton Mrs Bastwicke and Mr Pryn himself The Censure is known and urged to be against Law But so far as any Particular is put upon me my Answer is present to it 1. And first for Mr Cockshott he says Mr. Attorney Bancks sent him being then his Servant to give me an Account of that Business Hence 't is inferred That I took care of it This might have had some shew of Proof if I had sent to Mr. Attorney to give me an account of it But there 's no word of any such Proof And yet considering what relation their Cause had to the Church if I had sent and desired some Account of the Proceedings I humbly conceive my Place in the Church considered it could have been no great Crime 2. Then were Read certain Warrants One Febr. 1. 1632. for Commitment another of Febr. 2. 1636. to bar access to them These were Acts of the Lords sitting in Star-Chamber not mine Then was Read a third Order after Sentence given of May 13. 1634. for the seizing of his Books But this as the former was an Act of the Court not mine And 't is expressed in the Order as the Charge it self lays it down for the disposal of the Books according to Law Then the Warrant of their Commitment to the Islands Aug. 27. 1637. This Commitment was no Device of mine nor did I ever hear of it till it was spoken by others in the Star-Chamber Nor do any one of these Warrants prove any thing that can be call'd my Act And I humbly conceive that I ought not by Law nor can by Usage of Parliamentary-Proceedings be charged single for those things which were done in Publick Courts The last Order was November 12. 1637. about the Aldermen of Coventry and the Quo Warranto resolved upon against the Charter of that City only for supposed Favours shew'd to Mr. Pryn in his passage that way First 't is confessed in the Charge that this was an Act of the Lords Secondly that it was made at a full Board Thirdly 't is not urged that any one Man disliked it Fourthly the Complaint which caused it was that both Aldermen and their Wives and other Citizens were not content to shew Mr. Pryn kindness but they both did and spake that which was disgraceful to the Star-Chamber-Sentence But howsoever there is no Particular in that Order that is or can be Charged upon me 3. This for
there present p. 28 32 35 42. Nay more this proceeding tam in locis Exemptis quam non Exemptis is allowed to the Governours of the Church in the Exercise of their Ecclesiastical Jurisdiction by Act of Parliament in Queen Elizabeth's Time which would never have been allowed had it then been thought such a dangerous Business as 't is now made against me 2. The Second Clause was Power to Censure by Fine and Imprisonment This also I shewed in the old Commission Fol. 37. and is as I conceive in plain pursuance of the Act of Parliament upon which the High-Commission is grounded For the King says there Fol. 13. And so 't is in the new That he grants this Power by Vertue of his Supream Authority and Prerogative Royal and of the said Act. Nay farther 't is added in this latter Commission and by our Authority Ecclesiastical which is not expressed in the former And sure I would never have caused Authority Ecclesiastical to be added had I any Plot as 't is urged either to exalt the Clergy above the Laity or to usurp Papal Power which all Men know is far enough from ascribing Ecclesiastical Authority to the King And as for Fine and Imprisonment if that Power be not according to Law why was it first admitted and after continued in all former Commissions 3. The Third Clause was the Non Obstante which he said was against all Law and of such a boundless Extent as was never found in Commission or other Grant in England And he here desired the Lords that he might read it which he did with great Assurance of a Triumph But after all this Noise which Mr. Nicolas had made I shewed the same Non Obstante in the Old Commission 〈◊〉 62. Word for Word which I humbly desired might be read and compared It was so The Lords looked strangely upon it Mr. Nicolas was so startled that he had not Patience to stay till his Reply which he saw impossible to be made but interrupted me and had the Face to say in that Honourable Assembly that I need not stand upon that for he did but name that without much regarding it And yet at the giving of the Charge he insisted principally upon that Clause and in higher and louder Terms than are before expressed Had such an Advantage been found against me I should have been accounted extreamly Negligent if I compared not the Commissions together or Extreamly Impudent if I did 4. The Fourth Exception was That by this Commission I took greater Power than ever any Court had because both Temporal and Ecclesiastical First whatsoever Power the High-Commission had was not taken by them till given by his Majesty and that according to Use and Statue for ought hath been yet declared Secondly they have not Power of Life or Limb therefore not so great Power as other Courts have Thirdly they may have more various Power in some respects but that cannot make it greater As for the Expression in which 't is said I took this Power that is put most unworthily and unjustly too to derive the Envy as much as he could upon my Person only For he could not hold from comparing me to Pope Boniface 8. and saying that I took on me the Power of both Swords But this was only ad Faciendum Populum For he knows well enough that to take both the Swords as the Pope takes them is to challenge them Originally as due to him and his Place Not to take both as under the Prince and given by his Authority and so not I alone but all the Commissioners take theirs 5. Fifthly To prove that this vast Commission as it was called was put in execution Mr. Burton is produced He says that when he was called into the High-Commission he appealed to the King and pleaded his Appeal and that thereupon I and the Bishop of London Writ to the King to have him submit to the Court He confesses he was dismissed upon his Appeal till his Majesty's Pleasure was farther known And it was our Duty considering what a Breach this would make upon the Jurisdiction of the Court to inform his Majesty of it and we did so The King declared that he should submit to the Court as is confessed by himself Then he says because he would not submit to the Court he was Censured notwithstanding his Appeal And he well deserved it that would not be ruled by his Majesty to whom he had appealed And the Commission had Power to do what they did Besides himself confesses all this was done by the High-Commission not by me Nor doth he urge any Threat Promise or Solicitation of mine any way to particularize the Act upon me and farther he is single and in his own Cause Then followed the last Charge of this Day which was the Patent granted for the Fines in the High-Commission for Finishing the West End of St Pauls cryed out upon as Illegal and Extorted from the King and such as took all Power from him for the space of the Ten Years for which time it was granted This is the Fourth time that St Pauls is struck at My Lords let it come as often as it will my Project and Endeavour in that Work was Honest and Honourable to both Church and Kingdom of England No Man in all this Search and Pursuit hath been able to charge me with the turning of any one Penny or Pennyworth to other use than was limited to me I took a great deal of Care and Pains about the Work and cannot repent of any thing I did in that Service but of Humane Frailty And whereas 't is said this Patent was extorted from his Majesty as there is no Proof offered for it so is there no truth in it For his Majesty's Piety was so forward that nothing needed to be extorted from him Thus went I on Bonâ Fide and took the Prime Direction of the Kingdom for drawing the Patent The Lord Keeper Coventry Mr. Noy and Sir Henry Martin And therefore if any thing be found against Law in it it cannot be imputed to me who took all the care I could to have it beyond exception And I marvel what security any Man shall have that adventures upon any great and publick Work in this Kingdom if such Councel cannot be trusted for drawing up of his Warrant And whereas it was said this Patent for the Ten Years space took away both Justice and Mercy from the King That 's nothing so For whatever the Words be to enable me the better for that Work yet these being inseparable from him may be used by him notwithstanding this or any other Patent And if these be inseparable as 't is granted they are no inseparable thing can be taken away or if it be taken 't is void in Law and the King is where he was in the Exercise of his Right both for Justice and Mercy And so I answered Mr. Brown's summary Charge against me and as for that
which he farther urged concerning S. Gregory's Church Mr. Jingo Jones and others were trusted with that whole Business and were Censured for it in this present Parliament In all which Examination no part of the Charge fell on me And because here are so many things urged about Free-Chappels Lay-Fees Patents Appeals and the like I humbly desire a Salvo may be entred for me and that my Councel may be heard for matter of Law if any Doubt stick with your Lordships This Day ended I did according to my Resolution formerly taken move the Lords for Means considering my Charge in coming and how oft I had Attended and was not Heard Their Lordships considered of my Motion and sent me out Word I should Petition them I did humbly Petition their Lordships May 6. My Petition was presently sent down to the House of Commons that so by both Houses it might be recommended to the Committee for Sequestrations But upon a Speech in the House of Commons that it was fit to see what would become of me before they troubled themselves with thinking of Means for me my Petition was cast aside CAP. XXXI AT my Parting from the House I was ordered to appear again on Thursday May 9. But then fairly put off by an Order sent to the Lieutenant of the Tower to Munday May 13. so the Scorn and Charge of that Day was scaped But then I appeared according to this Order and had Scorn plenty for what I escaped the Day before And after long attendance was dismissed again unheard and had Thursday May 16. assigned unto me That Day held and proceeded thus The Ninth Day of my Hearing The First Charge of this Day was about a Reversion of the Town-Clerks Office of Shrewsbury to one Mr. Lee which he desired might be inserted into the new Charter First Mr. Lee is single here and in his own Case Secondly it appears by his own confession out of the Mouth of Mr. Barnard that there was a Reference of this Business to those Lords to whom Shrewsbury Charter was Referred For he says that Mr. Barnard told him his Business was stayed and he thought by me but did not know whether the Lord-Keeper's Hand were not in it So it seems by himself this was done by the Lords Referees and not by me Thirdly I did not then think nor do now that the Reversion of a Place to be sold for three Hundred Pound as he confesses that was was fit to be put into a Town Charter But yet neither I nor the Lord Keeper did any thing in that stop but what we acquainted his Majesty with and had his Approbation of And whereas he says that he acquainted the Right Honourable the Earl of Dorset with the stay that was made and That thereupon his Lordship should say Have we Two Kings I cannot believe that Honourable Lord would so say unless he were much abused by Mr. Lee's Information Both in regard of his Love to me And in regard it could not proceed from a Man of so great a Judgment as that Lord is For I beseech your Lordships consider may not Lords to whom a business is Referred give his Majesty good Reason to alter his Mind in some particulars which they have Debated and not he And may not this be done without any one of them taking on him to be a Second King The Second Charge was laid on me by Sir Arthur Haselrigg which should have come in the Day before as Mr. Nicolas said but that Sir Arthur was absent in the necessary service of the State Sir Arthur being single and in his own Case says That Sir John Lambe presented a Blind Parson to a Living of his If Sir John did that or any unworthy thing else AEtatem habet let him answer for himself He says farther That this Living is an Impropriation and so a Lay-Fee by Law and that when he told me so much I made him this answer That if I Lived no Man should Name or stand upon his Lay-Fee I conceive my Lords here 's a great mistake in the main For I have been Credibly informed and do believe that Benefice is Presentative and so no Lay-Fee And then there 's no Fault to present unto it so the Clerk be fit Secondly there is a main mistake in my Words which I remember well and where it was that I spake them My Words under this Gentleman's Favour and your Lordships were these and no other That I had good Information that the Benefice was Presentative and that if I lived I hoped to order it so that no Man should make a Presentative Benefice a Lay-Fee there were too many of them already Thirdly if I did speak the Words as they are Charged if they come within that Statute of Six Months so often mentioned to that I refer my Self Whatsoever the Bird at this time of the Year Sings as Mr. Nicolas was pleased to put it upon me And truly my Lords I could easily return all his Bitterness upon himself could it befit my Person my present Condition or my Calling The Third Charge was about the refusing of a Pardon which Mrs Bastwick said she produced in the High-Commission Court some Nine or Ten Years since And she adds that I should then say it should not serve his turn But this was no rejecting of the Pardon for she confesses I said I would move his Majesty about it So that if it did not serve his turn it was from the King himself upon Motion made and Reason given not from any Power assumed by the High-Commission or my self And the Act whatever it were was the Act of the whole Court not mine As for the Words if mine I give the same Answer as before notwithstanding Mr. Nicolas his Bird. The Fourth Charge was That whereas there was a Proclamation to be Printed about the Pacification with the Scots it was suddenly stopped and an Order after for burning of the Pacification First Mr. Hunscot is single in this Charge Secondly whatsoever was done in this was by Order of Council And himself names an Order which could not come from me Thirdly he Charges me with nothing but that I sent word the Proclamation was to be stayed Which if I did I did it by Command Howsoever this concerns the Scottish business and therefore to the Act of Oblivion I refer my self With this that I see by this Testimony Mr. Hunscourt for I took his Name uncertainly hath not yet forgotten Thou shalt commit Adultery So desirous he is to catch me at the Press The Fifth Charge was about a Benefice in North-Hamptonshire in the Case of Mr Fautrye and Mr Johnson and Dr Beal's succeeding them In which broken business for such it was First that business all along was acted by the High-Commission not by me Secondly that though in the Case of Simony the Benefice be lost Ipso Facto yet that must be proved before the Incumbent can be thrust out and
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
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
obligatam ideo aperto nomine praesentibus Reverentiae tuae innotescere volui mansurus Hagae Comitum Sept. 14. S. N. 1640. Observantissimus Officiosissimus Andreas ab Habernfeld Illustrissimo ac Reverendissimo Dom. Domino Gulielmo Archiepiscopo Cantuariensi Primati Metropolitano totius Regni Angliae Dom. meo Most Illustrious and most Reverend Lord ALL my Senses are shaken together as often as I revolve the present business neither doth my Vnderstanding suffice to conceive what Wind hath brought such horridthings that they should see the Sunshine by me For besides expectation this good Man became known unto me who when he had heard me discoursing of these Scottish stirs said that I knew not the Nerve of the Business that those things which are commonly scattered abroad are Superficial From that hour he every day became more familiar to me who acknowledging my dexterity herein with a full Brest poured forth the Burdens of his Heart into my Bosom supposing that he had discharged a Burthen of Conscience wherewith he was pressed Hence he related to me the Factions of the Jesuits with which the whole Earthly World was assaulted and shewed that I might behold how through their Poyson Bohemia and Germany were devoured and both of them maimed with an irreparable Wound That the same Plague did creep through the Realms of England and Scotland the matter whereof revealed in the adjacent writing be discovered to me Which things having heard my Bowels were contracted together my Loyns trembled with horrour that a pernicious Gulf should be prepared for so many thousands of Souls With Words moving the Conscience I inflamed the Mind of the Man He had scarce one hour concocted my Admonitions but he disclosed all the Secrets and he gave free Liberty that I should treat with those whom it concerned that they might be informed thereof I thought no delay was to be made about the things The same Hour I went to Master Boswell the King 's Leger at the Hague who being tied with an Oath of Secrecy to me I communicated the Business to him I admonished him to weigh these things by the Ballance neither to defer but act that those who were in danger might be speedily succoured He as becomes an honest man mindful of his Duty and having nearer looked into the business refused not to obey the monitions Moreover he forthwith caused that an Express should be dispatched and sent word back again what a most acceptable Oblation this had been to the King and your Grace for which we rejoyced from the Heart and we judged that a safe and favourable Deity had interposed it self in this Business whereby you might be preserved Now that the verity of the things related might be confirmed some principal heads of the Conspiracy were purposely pretermitted that the Knowledge of them might be extorted from the circumvented Society of the Conspirators Now the things will be speedily and safely promoted into Act if they be warily proceeded in at Bruxels By my advice that day should be observed wherein the Packet of Letters are dispatched which under the Title of To Monsieur Strario Arch-Deacon of Cambray tied with one Cover are delivered to the Post-Master such a Packet may be secretly brought back from him yet it will be unprofitable because all the inclosed Letters are written Characteristically Likewise another Packet coming weekly from Rome which is brought under this Subscription to the Most Illustrious Lord Count Rossetti Legat for the time these are not to be neglected to whom likewise Letters writ in the same Character are included That they may be understood Read is to be consulted with The forenamed day of dispatch shall be expected In Read's house an accumulated Congregation may be circumvented which succeeding it will be your Grace's part to order the Business The Intestine Enemy being at length detected by God's Grace all Bitterness of Mind which is caused on either side may be abolished delivered to oblivion deleted and quieted the Enemy be invaded on both parts Thus the King and the King's Friend and both Kingdoms near to danger shall be preserved delivered from imminent Danger Your Grace likewise may have this Injunction by you if you desire to have the best advice given you by others that you trust not overmuch to your Pursevants for some of them live under the Stipend of the Popish party How many Rocks how many Scillaes how many displeased Charibdes appear before your Grace in what a dangerous Sea the Cockboat of your Grace's Life next to Shipwrack is tossed your self may judge the Fore-deck of the Ship is speedily to be driven to the Harbour All these things I whisper into your Grace's Ear for I know it bound with an Oath of Secresie therefore by open Name I would by these Presents become known unto your Grace Hague 14. Sept. S. N. 1640. Your Grace's most Observant and most Officious Andrew Habernfeld Andreas ab Habernfeld a Chaplain as some affirm to the Queen of Bohemia his Indorsement hereon The Arch-Bishop's Indorsement with his own hand Rece Octob. 14. 1640. Andreas ab Habernfeld his Letters sent by Sir W. Boswell about the discovery of the Treason I conceive by the English Latin herein that he must needs be an Englishman with a concealed and changed Name And yet it may be this kind of Latin may relate to the Italian Or else he lived some good time in England The declaration of this Treason I have by his Majesty's special Command sent to Sir W. Boswell that he may there see what proof can be made of any particulars The general Overture and Discovery of the Plot sent with Sir William Boswell's first Letter The King's Majesty and Lord Arch-Bishop of Canterbury are to be secretly informed by Letters 1. THat the King's Majesty and the Lord Arch-Bishop are both of them in great danger of their lives 2. That the whole Common-wealth is by this means endangered unless the mischief be speedily prevented 3. That these Scottish Troubles are raised to the end that under this pretext the King and Arch-Bishop might be destroyed 4. That there is a means to be prescribed whereby both of them in this case may be preserved and this Tumult speedily composed 5. That although these Scottish Tumults be speedily composed yet that the King is endangered and that there are many ways by which Destruction is plotted to the King and Lord Arch-Bishop 6. That a certain Society hath conspired which attempts the Death of the King and Lord Arch-Bishop and Convulsion of the whole Realm 7. That the same Society every week deposits with the President of the Society what intelligence every of them hath purchased in eight days search and then confer all into one Packet which is weekly sent to the Director of the Business 8. That all the Confederates in the said Conspiracy may verily be named by the Poll. But because they may be made known by other means it is thought meet