absolute and a perfect Answer Thirdly this Witness confesses that Dr Weeks then Chaplain to my Lord of London had the view of Dr Clark's Sermons and took Exceptions against some passages as well as my Chaplain Dr Haywood did So it seems there was cause for it Fourthly I Answer that for this and for all other of like Nature my Chaplain must Answer for his own Act and not I. He is Living and an Able Man I humbly desire he may be called to his Account For 't is not possible for me to tell your Lordships upon what grounds he did Expunge these many and different passages which are instanced against me Lastly in all the passages of Dr Clark's Sermons it is not any where distinguished which were Expunged by my Chaplain and which by Dr Weeks So that the Charge in that behalf is left very uncertain For the passages themselves as they are many so they are such as may easily be mistaken the most of them And whether Dr Clark handled them in such manner as was not justifiable either against Arminius or the Papists cannot possibly be known till each place in the Book be Examined for the Thing and my Chaplain Dr Haywood for the Meaning This made a great noise in Mr Brown's Summary Charge against me he alledging that two and twenty Passages about Points of Popery were dashed out of Dr Clark's Sermons To which I Answer'd that I conceived my Chaplain would be able to make it good there were two hundred left in for two and twenty left out And that they which were left out were not some way or other justifiable against the Papists as set down and expressed by him And if so they are better out than in For we gain nothing by urging that against the Papists which when it comes to the Touch cannot be made good against them One Passage is here added out of Dr. Featly's Sermons p. 225. Where he inveighs against too much imbellishing and beautifying the Church and not the Souls of Men c. First if there be not a care to beautifie the Soul let Men profess what Religion they will 't is a just Exception and I believe no fault found with that But Secondly for the over-much beautifying of the Church 't is a Point that might well be left out Little necessity God knows to Preach or Print against too much adorning of Churches among us where yet so many Churches lye very nastily in many places of the Kingdom and no one too much adorned to be found Nay the very Consecration of Churches cryed down as is before expressed And this Opinion that no Place is Holy but during the Service in it made Mr. Culmer though a Minister to piss in the Cathedral Church of Canterbury And divers others to do so and more against the Pillars in St Paul's nearer hand as may daily be both seen and smelt to the shame of that which is called Religion Here Mr Nicolas would fain have shovell'd it to the out-side of the Church which had been bad enough but it was the inside I spake of and the thing is known Then an Instance was made in a Book of Dr Jones The Witness that any thing was Expunged out of this was only Mr Chetwin And he confesses that this Book was Licensed by Dr Baker and he my Lord of London's Chaplain not mine Here my Friends at the Bar infer that Dr Baker was preferred by me First that 's not so he was preferred by his own Lord. Secondly if he had been preferred by me it could have made no Charge unless proof had been made that I preferred him for abusing Dr. Jones his Book And for the Docket which is the only Proof offer'd that I preferred him I have already shewed that that is no Proof Yea but they say Dr Baker was imployed by me as one of my Visitors And what then Must I be answerable for every fault that is committed by every Man that I employ in my Visitation though it be a fault committed at another time and place though I humbly desire Dr. Baker may Answer for himself before I acknowledge any fault committed by him And though I conceive this Answer abundantly satisfactory for any thing that may concern me yet Mr. Brown omitted not this Instance against me The Third Charge was personally against my self and taken out of my Speech in the Star-Chamber The words these The Altar is the greatest place of God's Residence upon Earth greater than the Pulpit for there 't is Hoc est Corpus meum this is my Body but in the other it is at most but Hoc est Verbum meum this is my Word And a greater Reverence is due to the Body than the Word of the Lord. Out of this place Mr Nicolas would needs inforce that I maintained Transubstantiation because I say There 't is Hoc est Corpus meum First I perceive by him he confounds as too many else do Transubstantiation with the Real Presence whereas these have a wide difference And Calvin grants a Real and True Presence yea and he grants Realiter too and yet no Man a greater Enemy to Transubstantiation than he As I have proved at large in my Book against Fisher and had leave to Read the Passage therein to the Lords And Mr. Perkins avows as much And Secondly the Word There makes nothing against this For after the Words of Consecration are past be the Minister never so Unworthy yet 't is infallibly Hoc est Corpus meum to every worthy Receiver So is it not Hoc est Verbum meum from the Pulpit to the best of Hearers nor by the best of Preachers since the Apostles Time And as Preaching goes now scarce is any thing heard from many in two long Hours that savours of the Word of God And St. Paul tells us 1 Cor. 11. of a great Sin committed in his Time of not discerning the Lord's Body when Unworthy Communicants received it Where was this Why it was There at the Holy Table or Altar where they Received yet did not discern I hope for all this St. Paul did not maintain Transubstantiation Mr. Brown in his Summary Charge pressed this also upon me I answer'd as before and added that in all Ages of the Church the Touchstone of Religion was not to Hear the Word Preached but to Communicate And at this day many will come and hear Sermons who yet will not receive the Communion together And as I call the Holy Table the greatest place of God's Residence upon Earth so doth a late Learned Divine of this Church call the Celebration of the Eucharist the Crown of Publick Service and the most solemn and chief work of Christian Assemblies and he a Man known to be far from affecting Popery in the least And all Divines agree in this which our Saviour himself Teaches St. Mat. 26. That there is the same effect of the Passion of Christ and of this Blessed Sacrament
into a Jewish Superstition while we seek to shun Profaneness This Calvin hath in the mean time assured me That those Men who stand so strictly upon the Morality of the Sabbath do by a gross and carnal Sabbatization three times out-go the Superstition of the Jew Here it was inferred that there was a Combination for the doing of this in other Dioceses But no proof at all was offer'd Then Bishop Mountague's Articles and Bishop Wrenn's were Read to shew that Inquiry was made about the Reading of this Book And the Bishop of London's Articles Named but not Read But if I were in this Combination why were not my Articles Read Because no such thing appears in them and because my Articles gave so good content that while the Convocation was sitting Dr. Brownrigg and Dr. Holdsworth came to me and desired me to have my Book confirmed in Convocation to be general for all Bishops in future it was so moderate and according to Law But why then say they were other Articles thought on and a Clause that none should pass without the Approbation of the Arch-Bishop Why other were thought on because I could not in Modesty press the Confirmation of my own though solicited to it And that Clause was added till a standing Book for all Dioceses might be perfected that no Quaere in the Interim might be put to any but such as were according to Law The Sixth Charge was about Reversing of a Decree in Chancery as 't is said about Houses in Dr Walton's Parish given as was said to Superstitious Vses 1. The First Witness was Serjeant Turner He says He had a Rule in the King's Bench for a Prohibition in this Cause But by Reason of some defect what is not mentioned he confesses he could not get his Prohibition Here 's nothing that reflects upon me And if a Prohibition were moved for that could not be personally to me but to my Judge in some Spiritual 〈◊〉 where it seems this Cause depended and to which the Decree in Chancery was directed And indeed this Act which they call a Reversing was the Act and Seal of Sir Nath. Brent my Vicar General And if he violated the Lord Keeper's Decree he must Answer it But the Instrument being then produced it appeared concurrent in all things with the Decree The Words are Juxta scopum Decreti hac in parte in Curiâ 〈◊〉 factum c. 2. The Second Witness was Mr. Edwards And wherein 〈◊〉 concurs with Serjeant Turner I give him the same Answer For that which he adds that Dr. Walton did let Leases of these Houses at an undervalue and called none of the Parishioners to it If he did in this any thing contrary to Justice or the Will of the Donor or the Decree he is Living to Answer for himself me it concerns not For his Exception taken to my Grant of Confirmation I think he means and to the Words therein Omnis Omnimoda c. 'T is the Ancient Stile of such Grants for I know not how many Hundred Years no Syllable innovated or altered by me Then followed the Charge of Mr. Burton and Mr. Pryn about their Answer and their not being suffer'd to put it into the Star-Chamber Which though Mr. Pryn pressed at large before yet here it must come again to help fill the World with Clamour Yet to that which shall but seem new I shall Answer Two things are said 1. The one That they were not suffered to put in their defence Modo Forma as it was laid There was an Order made openly in Court to the Judges to Expunge Scandalous Matter And the two Chief Justices did Order the Expunging of all that which was Expunged be it more or less As appears in the Acts of that Court. 2. The other is that I procured this Expunging The Proofs that I procured it were these 1. First because Mr. Cockshot gave me an Account of the business from Mr. Attorney I had Reason to look after the business the whole Church of England being scandalized in that Bill as well as my self But this is no Proof that I either gave direction or used any solicitation to the Reverend Judges to whom it was referred 2. Secondly because I gave the Lords thanks for it It was openly in Court It was after the Expunging was agreed unto And what could I do less in such a Cause of the Church though I had not been personally concerned in it 3. Thirdly because I had a Copy of their Answer found in my Study I conceive it was not only fit but necessary for me to have one the Nature of the Cause considered But who interlined any passages in it with black Lead I know not For I ever used Ink and no black Lead all my Life These be strange Proofs that I procured any thing Then Mr. Pryn added That the Justice and Favour which was afforded Dr. Leighton was denyed unto him As far as I remember it was for the putting in of his Answer under his own Hand This if so was done by Order of the Court it was not my Act. The last Charge followed And that was taken out of the Preface to my Speech in Star-Chamber The Words are That one way of Government is not always either fit or safe when the Humors of the People are in a continual Change c. From whence they inferred I laboured to reduce all to an Arbitrary Government But I do humbly conceive no construction can force these Words against me for an Arbitrary Government For the meaning is and can be no other for sometimes a stricter and sometimes a remisser holding and ordering the Reins of Government yet both according to the same Laws by a different use and application of Mercy and Justice to Offenders And so I Answer'd to Mr. Brown who charged this against me as one of my ill Counsels to his Majesty But my Answer given is Truth For it is not said That there should not be One Law for Government but not One way in the Ordering and Execution of that Law And the Observator upon my Speech an English Author and well enough known though he pretend 't is a Translation out of Dutch though he spares nothing that may be but carped at yet to this passage he says 't is a good Maxim and wishes the King would follow it And truly for my part I Learned it of a very wise and an able Governour and he a King of England too it was of Hen. 7. of whom the Story says that in the difficulties of his Time and Cause he used both ways of Government Severity and Clemency yet both these were still within the compass of the Law He far too Wise and I never yet such a Fool as to imbrace Arbitrary Government CAP. XXXVI THis day I received a Note from the Committee that they intended to proceed next upon the remainder of the Seventh and upon the Eighth and Ninth Original
Answer and assures me that by his care and vigilancy they shall all be rectified and that out of hand My Lord informs me that in his Predecessor Bishop Whites absence he living most commonly at London being your Majesty's Almoner there was cut down and wasted above a Thousand Loads of Wood. For all other businesses they are in good condition within that Diocess saving that my Lord the Bishop humbly craves leave hereby to represent a great grievance to your Majesty which concerns the Bishoprick the Dean and Chapter and all other Clergy Men or indeed rather all your Majesty's Liege People inhabiting within the Isle of Ely In this Diocess the Bishop found out one Jeffryes who commonly Administred the Blessed Sacrament of the Eucharist being either not in Holy Orders at all or at least not a Priest So soon as he was discovered he slipt out of the Diocess and the Bishop thinks that he now serves in a Peculiar under the Dean and Chapter of Wells I will send thither to know the certainty and see the abuse punished if I can light upon the Person The Bishop further Certifies me that there are very many within that small Diocess who stand Excommunicate and divers of them only for not payment of Fees And again that many of these are not able to pay them I think it were not amiss that once every Year in Lent the Chancellor were commanded to take an Account of all the Excommunicats in the Diocess and to cause all to be Absolved that shall be fit for Absolution and particularly to see that no Man be suffered to continue Excommunicated where nothing but Poverty hinders the payment of Duties or other Fees The Bishop likewise informs me that Monuments even of obscure and mean Persons are grown very common in those Parts and prejudicial both to the Walls and Pillars and Liberty of Churches which the Bishop opposes as much and as fairly as he can But all is too little There were in this Diocess the last year but two Refractory Ministers known to the Bishop Mr. Wroth and Mr Erbury The former hath submitted but the other would neither submit nor satisfie his Parishioners to whom he had given publick offence so he resigned his Vicarage and hath left thereby the Diocess in peace For this Diocess the Bishop humbly craves your Majesty's Pardon for his longer stay in London than ordinary and professes his Excuse formerly made to your Majesty to be most true viz. That he was forced to it by extremity of Sickness falling upon him in those parts and forcing his change of Air. That Diocess hath been a little out of quiet this year by some Mens medling with those nice Questions which your Majesty hath forbidden should be commonly preached in the Pulpit But the Relation being somewhat imperfect I shall inform my self farther and then give your Majesty such Account as I receive In this Diocess the Bishop Certifies me two considerable things and both of them are of difficult Cure The one concerns his Bishoprick where every thing is let for Lives by his Predecessors to the very Mill that Grinds his Corn. The other concerns the Diocess in general where by Reason of the Poverty of the Place all Clergy-Men of Hope and Worth seek Preferment elsewhere And he tells me plainly some weak Scholars must be Ordained or else some Cures must be left altogether unsupplied My Lord of Glocester confesseth he hath been absent from his Diocess a good part of this Year being kept from his Dwelling-Houses by the Infection at Glocester which just Cause of Absence he humbly submits to your most gracious Majesty Concerning that Diocess the Bishop speaks not much more But the Arch-Deacon at his Visitation finding the Clergy conformable gave them this grave and fitting Admonition viz. That no Man should presume his conformity should excuse him if in the mean time his Life were Scandalous Which was very necessary for that Place and these Times And the Arch-Deacon certifies farther that there are divers which as far as they dare oppose Catechising and but for fear of losing the Livings would almost go as far as Burton and Bastwick did which is his own expression under his Hand My Lord the Bishop there complains much of the Decay of his Houses and the impoverishing of that Bishoprick by some of his Predecessors And this partly by letting of long Leases before the Statute restrained it and partly by a coarse exchange of some Lands in former times This latter cannot now be helped but for the decay of his Houses if he pursue that faculty which I granted to his immediate Predecessor he may help a great part of that decay without much charge And this God willing I shall put him in mind to do and give him the best assistance that I can by Law For the Churches in that Diocess which are very many my Lord acknowledges that they are in very decent and good order generally The only thing which he saith troubles his Diocess is that the People have been required to come up and receive at the Rail which is set before the Communion-Table and that heretofore many have been Excommunicated or Suspended for not doing so For the thing it self it is certainly the most decent and orderly way and is practised by your Majesty and by the Lords in your own Chappel and now almost every where else And upon my knowledge hath been long used in St Giles his Church without Cripplegate London with marvellous Decency and Ease and yet in that Parish there are not so few as Two Thousand Communicants more than within any Parish in Norwich Diocess And when your Majesty had the Hearing of this Business in the now Bishop of Ely's Time you highly approved it And therefore I presume you will be pleased to command that the present Bishop continue it and look carefully to it And whereas they plead that many stood suspended for it the Bishop of Ely in whose Time it was doth assure me that in above One Thousand Three Hundred Parishes there were not Thirteen either Excommunicated or Suspended for refusing of this In this Diocess the Bishop gives a fair Account to all your Majesty's Instructions so that I have cause to hope that that Diocess is in reasonable good Order Only he complains that his Predecessors have Leased out part of his House at Lichfield which puts him to very great Annoyance But he is entring into a Legal way for redress of his Abuse in which I presume your Majesty will give him all fair and just Assistance if he shall be forc'd to crave the same My Lord the Bishop came but lately to this See and hath not as yet found much amiss The Bishop of that Diocess is Dead and no other yet setled so I can have no Account from thence this Year These Four Bishops Certifie that all things are orderly and well
wrong Notions are generally entertained of the Constitution of our Church as being for the most part taken from the Writings of some Puritanical Divines among us For this Reason the Arch-Bishop earnestly desired which desire is thrice in this Work expressed that it might be carefully and exactly Translated into Latin and Printed that he might thereby appeal to the Judgment of the Learned in all parts of Christendom To this end himself had procured the Liturgy which he had composed for the Church of Scotland to be turned into Latin that it might be Published with it To the end saith he that the Book may be extant and come to the view of the Christian World and their Judgment of it be known I have caused it to be exactly Translated into Latin and if right be done me it shall be Printed with this History This Latin Translation of the Scotch Liturgy as also the English Original Copy of the first draught of it are now in my Hands and shall one or both of them be hereafter God willing published in the Collection of Memorials It should seem that when the Arch-Bishop designed a Latin Edition of his History he despaired that the generality of this Nation then miserably distemper'd in Matter of Religion would ever so far regain the use of their Wits as to be able to pass an impartial Judgment upon his Cause But God be thanked the Church for which he suffered and which was ruined with him was in a short time after beyond hope Re-established and therewith Sobriety returning into the minds of Men no place is now so fit for the publication of this History as our own Island and no Language more proper for it than our own which is the Original wherein it was wrote It should seem that what was already wrote of this History in May 1643. when Prynne searched the Arch-Bishop's Chamber in the Tower and seized his Papers found there escaped his ravenous Hands Whether after the Arch-Bishop's death and the completion of it the Copy of it came into his hands I cannot certainly affirm the Reason of my uncertainty I shall relate presently but do believe that it did Which if it did I suppose he having got notice of it seized it by Vertue of an Order of the House of Commons March 4. 1644 5. empowering him to send for all Writings c. relating to the Arch-Bishop of Canterbury his Trial. To proceed all the Arch-Bishop's Papers taken from him by Prynne either out of his Study at Lambeth soon after his Commitment or out of his Chamber and Pockets in the Tower or seized after his Martyrdom remained in Prynne's hands until his Death When Arch-Bishop Sheldon well knowing that the Papers of his Predecessor Arch-Bishop Laud had been unjustly seized and detained by him procured an Order of the King and Council deputing Sir William Dugdale and some others to view his Study and taking thence all the Books and Papers formerly belonging to Arch-Bishop Laud to deliver them into his hands This was accordingly done and the Books and Papers being seized brought to Arch-Bishop Sheldon although very much diminished in number and embezeled since they had come into Prynne's hands For he seems either to have Printed many of them from the Originals to save the labour of transcribing them or to have burned them or otherwise employed them to common uses when once Printed So that very few of those Papers which Prynne had published in the several Pamphlets and Books before named came into Arch-Bishop Sheldon's hands And not a few even of those which had not been Published were found wanting Particularly the Papers of Arch-Bishop Laud concerning the Conversion of his Godson Mr. William Chillingworth which the Arch-Bishop saith were taken away from him by Mr. Prynne and being by him produced at the Committee for drawing up his Charge were there Examined Whether the Copy of this History was seized at this time in Mr. Prynne's Study or came to Arch-Bishop Sheldon by other means I cannot certainly affirm But this I am assured of that Arch-Bishop Sheldon having about this time got into his Hands the Copy of this History and having now gained also the other Papers of Arch-Bishop Laud sent for the truly Reverend and Learned Dr. William Sancroft then Dean of St. Pauls and delivered both to him ordering him to Publish the History with such Papers as were necessary to it with all convenient speed This Dr. Sancroft willingly undertook but upon Reading of the History found the Copy to be so very vitious that it would not be sit to be Published till the Original might be recovered whereby the defects of it might be supplied and corrected Hereupon they set themselves to search after the Original which at last they found in St. John's Colledge in Oxford having been deposited there as I suppose by Dr. Richard Baily formerly President of that Colledge and Executor to the Author After this was done a new scruple was started concerning the Language wherein it should be Published Arch-Bishop Sheldon was desirous it might be Translated into and Published in Latin in complyance with the Desire and Intention of the Author The Dean of St. Pauls on the other side was of Opinion that it would be more useful to the Publick and serviceable to the Memory of the Author to Publish it in English This difference of Opinion protracted the Edition of it from time to time until at last Arch-Bishop Sheldon continuing resolved in his Opinion the Dean yielded to his Authority and only desiring that some Learned Civilian might be joyned with him who might render the Forms of Pleading in apt Latin Expressions prepared himself for the undertaking But in the interim Arch-Bishop Sheldon dying the Dean was most deservedly chosen to succeed him in the Arch-Bishoprick Whereby being involved in constant Publick Business both of Church and State he was forced to lay aside his design of publishing this History yet not without hopes of finding at some time or other opportunity to perform it for which Reason he devolved not the care of it upon any other but kept it by him and in the mean time endeavoured to get into his Hands all other Papers relating to Arch-Bishop Laud or his Cause But in vain did he hope to find so much leisure while the Administration of the chief Office in the Church took up his whole care and thoughts What he could not then do he hoped to accomplish after his Retirement into Suffolk in August 1691. Yet neither then did he set about it until the middle of the Year 1693. when opening his Papers he began to collate the Copy with the Original to divide the History into Chapters to examine the Citations to write down several Directions and Memoranda's for his own use in preparing the Edition to Note what places deserved to be amended or considered to write several Observations on the 〈◊〉 to draw up a Catalogue of the Memorials to be added as an Appendix to the
shortly to follow and therewith give to the Publick what farther Account of them I shall then judge necessary The Originals both Diary and History I intend at my Death to leave to St John's Colledge in Oxford where the Authour the Arch-Bishop was bred to which place he ever bore so great a Love and where his Body now remaineth Which Intention of mine I chose here to mention that the 〈◊〉 and Fellows of that Colledge may hereafter if they shall think so 〈◊〉 demand them from my Executors To conclude although Private and Personal Matters or Affections ought 〈◊〉 〈◊〉 to be admitted to accompany a Work of such a publick Nature yet I cannot forbear to say that it is an inexpressible satisfaction to me that in the Edition of this Work I have been able to serve the Illustrious Author of it and my most Reverend Deceased Patron and the Church of England at the same time And more particularly that I account it the most Fortunate Transaction of my whole Life to have contributed herein to the vindication of the Memory and the Cause of that most Excellent Prelate and Blessed Martyr to whom I have always paid a more especial Veneration ever since I was able to form any Judgment in these matters as firmly believing him to have taken up and prosecuted the best and most effectual Method although then in great measure unsuccessful through the malignity of the Times and to have had the Noblest the most Zealous and most sincere Intentions therein towards Re-establishing the Beauty the Honour and the Force of Religion in that part of the Catholick Church the Church of England to the Service of which I have entirely devoted my Life my Labours and my Fortunes Feb 2. 1693 4. Hen. Wharton THE CONTENTS OF THIS VOLUME ARch-Bishop Laud's Diary of his Life wrote by himself and published from the Original Pag. 1 His Account of matters of Piety and Charity projected to be done by himself 68 His large History of his own Troubles and Tryal divided into CHAPTERS 71 CAP. I. An Account of his first Accusation and Commitment 73 CAP. II. Of the Original Causes and Occasions of his Troubles 75 CAP. III. The Articles exhibited against him to the Parliament by the Scottish Commissioners with an Answer to them 87 CAP. IV. The Additional Charge of the Scots exhibited against him with an Answer to it 137 CAP. V. An Account of what passed in relation to him or his Cause from his Commitment to Febr. 26. 〈◊〉 144 CAP. VI. An Account of what Passed at the Bar of the House of Lords when the Commons brought up their Charge against him 148 CAP. VII The first Articles of the Commons exhibited against him with an Answer to them 〈◊〉 CAP. VIII An Account of his Commitment to the Tower and what passed 〈◊〉 thence to March 13. 〈◊〉 174 CAP. IX Of what passed from thence to May 1. 1641. Pag. 176 CAP. X. Of what passed from thence to September 23. 1641. 181 CAP. XI Of what passed from thence to January 4. 〈◊〉 183 CAP. XII Of what passed from thence to February 24 〈◊〉 187 CAP. XIII Of what passed from thence to March 6 〈◊〉 190 CAP. XIV Of what passed from thence to March 24. 〈◊〉 192 CAP. XV. Of what passed from thence to May 16. 1642 194 CAP. XVI Of what passed from thence to January 6. 〈◊〉 196 CAP. XVII Of what passed from thence to May 27. 1643. 200 CAP. XVIII Of the Search made upon him in the Tower and his Papers taken away from him May 31. 1643. 205 CAP. XIX Of what passed from thence to October 3. 1643. 207 CAP. XX. Of what passed from thence to March 9. 1643 4. 211 CAP. XXI An Account of the Preliminaries and Preparation to his Tryal which began March 12 〈◊〉 216 CAP. XXII An account of his First Day 's Tryal March 12. 1643 4. 220 CAP. XXIII Of the Second Day 's Tryal March 13 〈◊〉 229 CAP. XXIV Of the Third Day 's Tryal March 16. 〈◊〉 242 CAP. XXV Of the Fourth Day 's Tryal March 18. 1643 4. 244 CAP. XXVI Of the Fifth Day 's Tryal March 22. 1643 4. 260 CAP. XXVII Of the Sixth Day 's Tryal March 28 1644. 270 CAP. XXVIII Of the Preparation to the Seventh Day 's Tryal 280 CAP. XXIX Of the Seventh Day 's Tryal Apr. 16. 1644. 282 CAP. XXX Of the Eighth Day 's Tryal May 4. 1644. 292 CAP. XXXI 〈◊〉 the Ninth Day 's Tryal May 16. 1644. 301 CAP. XXXII Of the Tenth Day 's Tryal May 20. 1644. 310 CAP. XXXIII Of the Eleventh Day 's Tryal May 27. 1644. Pag. 317 CAP. XXXIV Of the Twelfth Day 's Tryal June 6. 1644. 329 CAP. XXXV Of the Thirteenth Day 's Tryal June 11. 1644. 338 CAP. XXXVI Of the Fourteenth Day 's Tryal June 14. 1644. 347 CAP. XXXVII Of the Fifteenth Day 's Tryal June 20. 1644. 354 CAP. XXXVIII Of the Sixteenth Day 's Tryal June 27. 1644. 390 CAP. XXXIX Of the Seventeenth Day 's Tryal July 5. 1644. 366 CAP. XL. Of the Eighteenth Day 's Tryal July 17. 1644. 374 CAP. XLI Of the Nineteenth Day 's Tryal July 24. 1644. 389 CAP. XLII Of the Twentieth Day 's Tryal July 29. 1644. 400 CAP. XLIII The Arch-Bishop's Recapitulation of his Defence made at the Bar of the House of Lords Sept. 2. 1644. 412 CAP. XLIV The Plea or Defence made for the Arch-Bishop by his Councel at the Bar of the House of Lords Octob. 11. 1644. 422 CAP. XLV The Arch-Bishop's Defence of himself at the Bar of the House of Commons Novemb. 11. 1644. 432 CAP. XLVI An Account of what passed from thence in both Houses to his Condemnation Jan. 4. 〈◊〉 441 A short Account of the Arch-Bishop's Condemnation Suffering taken from Mr. Rushworth's Collections 443 A larger Account of the same and of the manner of his Suffering taken from Dr. Heylin's Life of him 444 The Arch-Bishop's Speech made upon the Scaffold Jan 10 〈◊〉 with his Prayers and behaviour there 447 The Arch-Bishop's Last Will and Testament 454 Nine Passages taken out of the Arch-Bishop's Conference with Fisher the Jesuit referr'd to in the preceding History 458 Twelve Passages out of other Printed Books referr'd to in the preceding History and Tryal 461 The Arch-Bishop's large Answer to the Speech of the Lord Say and Seal touching the Liturgy Pag. 470 The Arch-Bishop's Annual Accounts of his Province presented to the King with the King 's Apostils or Marginal Notes upon them 515 The King's Instructions sent to Arch-Bishop Abbot in the Year 1629. 517 Arch-Bishop Abbot's Account of his Province to the King for the Year 1632. 519 The Kings Instructions sent to Arch-Bishop Laud in the Year 1634. 520 A Memorial of the Arch-Bishop's Account of his Province to the King for the Year 1635. 523 A Note of Arch-Bishop Sancroft and a Letter to him about the same 524 Arch-Bishop Laud's Account of his Province to the King for the Year 1633. 525 His Account for the
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
Conclusion that they might refer all to Treason and so they be suffer'd to give me no Councel at all in matter of Fact Hereupon they drew me another Petition to the same effect which I caused to be delivered Novemb. 6. But it received the same Answer Then Novemb. 7. being Wednesday I Petitioned the House of Commons to the same purpose And Novemb. 8. this my Petition was read in the House of Commons and after a short Debate the Resolution was that they being my Accusers would not meddle with any thing but left all to the Order of the Lords before whom the Business was and my Councel's own Judgment thereupon This seemed very hard not only to my self and my Councel but to all indifferent Men that heard it In the mean time I could resort no whither but to Patience and God's Mercy Novemb. 13. I appeared in the Parliament-House according to the Order and was at the Bar. That which I spake to the Lords was this That I had no Skill to judge of the Streights into which I might fall by my Plea which I had resolved on being left without all assistance of my Councel in regard of the nature and form of the Impeachment that was against me That yet my Innocency prompted me to a ready Obedience of their Lordships Order casting my self wholly upon God's Mercy their Lordships Justice and my own Innocency Then I humbly desired that their Lordships Order first and the Impeachment after might be read This done I put in my Answer in Writing as I was ordered to do and humbly prayed it might be entred My Answer was All Advantages of Law against this Impeachment saved and reserved to this Defendant he pleads Not Guilty to all and every part of the Impeachment in manner and form as 't is Charged in the Articles And to this Answer I put my Hand My Answer being thus put in I humbly besought their Lordships to take into their Honourable Consideration my great Years being Threescore and ten compleat and my Memory and other Faculties by Age and Affliction much decayed My long Imprisonment wanting very little of three whole Years and this last year little better than close Imprisonment My want of skill and knowledge in the Laws to defend my self The Generality and Incertainty of almost all the Articles so that I cannot see any Particulars against which I may provide my self In the next place I did thankfully acknowledge their Lordships Honourable Favour in assigning me such Councel as I desired But I told their Lordships withal that as my Councel were most ready to obey their Lordships in all the Commands laid upon them so there were certain Doubts arisen in them how far they might advise me without Offence considering the Charges against me were so interwoven and left without all distinguishment what is intended as a Charge of Treason and what of Crime and Misdemeanour That to remove these Doubts I had humbly besought their Lordships twice for distinguishment by several Petitions That their Lordships not thinking it fit to distinguish I have without advice of Councel put in my Plea as their Lordships see But do most humbly pray that their Lordships will take me so far into Consideration as that I may not lose the Benefit of my Councel for Law in all or any and for Law and Fact in whatsoever is not Charged as Treason when it shall be distinguished As still my Prayers were that by their Lordships Wisdom and Honourable Direction some way might be found to distinguish them And that having not without much difficulty prevailed with my Councel to attend their Lordships would be pleased to hear them speak in this perplexed Business While I was speaking this the Lords were very attentive and two of them took Pen and Paper at the Table and took Notes And it was unanimously granted that my Councel should be heard and so they were And the Order then made upon their Hearing was that they should advise me and be heard themselves in all things concerning matter of Law and in all things whether of Law or Fact that was not Charged as Treason and that they would think upon the distinguishment in time convenient This was all I could get and my Councel seem'd somewhat better content that they had gotten so much Not long after this I heard from good Hands that some of the Lords confessed I had much deceived their expectation for they found me in a Calm but thought I would have been stormy And this being so I believe the two Lords so careful at their Pen and Ink made ready to observe any Disadvantages to me which they thought Choler and Indignation might thrust forth But I praise God the Giver I am better acquainted with Patience than they think I am So this my main Business staid a while In the mean time that I might not rust I was warned Decemb. 8. to appear in Parliament the 18th of that Month as a Collateral Defendant in a Case of Smart against Dr. Cosin formerly heard in the High Commission This Cause had been called upon both in this and former Parliaments but I never heard that I was made a Defendant till now Nor do I know any thing of the Cause but that in the High Commission I gave my Vote according to my Conscience and Law too for ought I know and must refer my self to the Acts of that Court. On Wednesday Decemb. 13. I Petitioned for Councel in this Cause and had the same assigned me And on the 18. day I appeared according to my Summons but I was not called in and the Business put off to that day three Weeks On Thursday Decemb. 28. which was Innocents day one Mr. Wells a New-England Minister came to me and in a boisterous manner demanded to know whether I had Repented or not I knew him not till he told me he was Suspended by me when I was Bishop of London and he then a Minister in Essex I told him if he were Suspended it was doubtless according to Law Then upon a little further Speech I recalled the Man to my Remembrance and what care I took in Conference with him at London-House to recall him from some of his turbulent ways but all in vain And now he inferred out of the good words I then gave him that I Suspended him against my Conscience In conclusion he told me I went about to bring Popery into the Kingdom and he hoped I should have my Reward for it When I saw him at this heighth I told him he and his Fellows what by their Ignorance and what by their Railing and other boisterous Carriage would soon actually make more Papists by far than ever I intended and that I was a better Protestant than he or any of his Followers So I left him in his Heat This Man was brought to my Chamber by Mr. Isaac Pennington Son to the Lieutenant By this time something was made
is but Treason against a Brew-House Nor yet may this be called slighting of any Evidence which is but to Answer home in my own just Defence And out of this I gave my Answer to Mr. Brown's summary Charge against me in the House of Commons for that which concerned these two Brewers And here before I close this day give me leave I beseech your Lordships to observe two things First that here have been thirteen Witnesses at least produced in their own Cause Secondly that whereas here have been so many things urged this day about the Star-Chamber and the Council-Table the Act made this Parliament for the Regulating of the one and the taking away of the other takes no notice of any thing past and yet Acts past and those Joynt-Acts of the Council and not mine are urged as Treasonable or conducing to Treason against me Nay the Act is so far from looking back or making such Offences Treason as that if any offend in future and that several times yet the Act makes it but Misdemeanour and prescribes Punishments accordingly CAP. XXVI The Fifth Day of my Hearing THE first Charge of this Day was concerning the Indictment of Mr Newcommin a Minister at Colchester for refusing to Administer the Sacrament but at the Rails and the Prosecution which followed against Burrowes for this The two Witnesses of the Particulars are Burrowes and Mr. Aske 1. The Testimony which Burrowes gave was That Mr. Newcommin would not Administer the Communion but at the Rail That he Indicted him for receiving it there That the Foreman threw it out c. If Mr. Newcommin did this Complaint might have been made of him but howsoever here 's no one word of any Command from me And it seems the Factious Malice of Burrowes was seen that the Foreman at first threw away the Indictment He says that upon this he was called into the High Commission A Warrant from me His House beset Stockdall left the Warrant with the Mayor A Habeas Corpus not obeyed The Warrant by which he was detained was from the High Commission not from me And himself says there were six or seven Hands to the Warrant But then he says my Hand alone was to another Warrant which is impossible for there must be three Hands at the least or no Warrant can issue out And all his Proof of this latter is that he saw my Hand which I hope he may do though other Hands besides mine were to it For the Habeas Corpus if the Mayor said for so Burrowes adds he would obey my Warrant rather than the King 's Writ because it came first he was extreamly ill advised But if a Mayor of a Town give an undiscreet or a worse Answer I hope that shall not be imputed to me And if there be any thing in this Business why is not 〈◊〉 the Messenger produced that knows those Proceedings Lastly he speaks of a Letter sent to Judge Crawlye and shew'd to Judge Hutton But first he says not that Letter was sent by me or by my means Secondly he names not the Contents of the Letter without which no Man can tell whether it Charge any thing upon me or not And until the Letter be produced or sufficiently witnessed neither of which is offer'd 't is but like a written Hearsay And I humbly pray you to observe from himself that the two Reverend Judges looking into the Business said it was a meer Cheat for Money and returned him back to Colchester Which is a Proof too that the Habeas Corpus was obeyed for if he were not brought up before them how could he be returned by them 2. Then Mr. Aske the second Witness was produced He said there came Players to Town and that some which said they came from me were taken in a Tavern upon Easter-Eve at unseasonable Hours I know not of any that were sent from me But if any were and kept any disorder in the Town especially at such a time Mr. Aske did very well to question them He says that upon the Matter I referred him twice to Sir John Lambe and that at the second time he found the Plot was to make him an instrument about the Rails which he absolutely refused I did refer him and it may be twice to Sir John Lambe but if Sir John spake to him about the Rails he had no Commission from me so to do I understood Mr Aske too well to offer to make him an instrument in such a Business His Zeal would have set the Rails on fire so soon as ever he had come near them Next he says that Mr. Newcommin was indicted as is aforesaid and that Indictment found That Letters missive were sent for him and his Wife by Stockdall If Letters Missive by Stockdall then they were sent by the High Commission whose Joynt Act cannot be Charged upon me And if any thing can be proved why is not Stockdall produced He says that he went into Holland to avoid the Oath Ex Officio The Oath Ex Officio was then the Common and for ought I yet know then the Legal Course of that Court So I could not help the Tender of that Oath unto them had they stayed and appeared But the Truth is he was too guilty to appear for his Wife was a Separatist and himself confesses that she came not to the Prayers of the Church And as for him I ever found him the great maintainer of all wilful opposition against the Church He farther says he came to me to Croyden and that there I told him he might have put the Indictment against Mr. Newcommin in his Pocket Indeed my Lords if I did say so I think I spake it truly For if he had born any respect to the Reputation of the Clergy I think he might have Pocketted it for one Sessions without any prejudice at all to the Law or any thing else God knows this is often done And if thereupon I added as Mr. Aske says I did That if he were so strictly set against Church-Men in the Temporal Courts he must look for as strict Proceedings in the High Commission I see no great Crime in it For we are as strictly bound to Prosecute in the one as he was in the other And if his Clerk as he says was attached who Read the Indictment yet it is not said by himself that he was Attached for reading it And if it were so that some Jurors were Attached and not Mr. Aske's Clerk only as Mr. Browne pressed it in the Summ of his Charge yet the Answer comes all to one For no Witness says these Jurors were called into the High Commission for being Jurors or discharging that Legal Duty And then I hope a Man's being of a Jury shall not excuse him for answering any Crime in any Court that hath Power to call him Provided he be not called off at the time of his Service or while he is under the Priviledge of that Court in which
confessed that in the first Business the Church-Wardens had Remedy by their Appeal to me but that then the Bishop began again as the former Witness declared Nor knew I any thing of this Business till the Appeal came As for my Answer to himself that under Favour is quite mistaken For I did not say That in this Particular but that in his General Proceedings in his Diocess the Bishop of Bath carried himself like an Obedient Bishop to his Metropolitan Nor can my Words be drawn to mean this Particular For how could I say that in this Particular he carried himself like an Obedient Bishop to me when after Remedy given to these Men by their first Appeal into my Court he began with them again upon the same Cause Besides my Lords this is not the first time Mr. Ash hath mistaken me Mr. Browne in summing up this Charge against me falls twice very heavily upon this Business of Beckington First for the point of Religion And there he Quoted a passage out of my Speech in the Star-Chamber where I do reserve the indifferency of the standing of the Communion-Table either way and yet saith he they were thus heavily Sentenced for that which I my self hold indifferent But first this Sentence was laid upon them by their own Bishop not by me Secondly the more indifferent the thing was the greater was their Contumacy to disobey their Ordinary And had it not been a thing so indifferent and without danger of advancing Popery would Queen Elizabeth who banished Popery out of the Kingdom have endured it in her own Chappel all her time Thirdly the heaviness of the Sentence so much complained of was but to confess their Contumacy in three Churches of the Diocess to Example other Men's Obedience Secondly for the same Point as it contained Matter against Law I answered Mr. Browne as I had before answered the Lords The third Charge was about certain Houses given to S. Edmunds Lumbard-street where old Mr. Pagett is Parson The Witnesses are Two 1. The first is Mr. Symms who says that after a Verdict Mr. Pagett the Incumbent upon a pretenc that these Tenements were Church-Land got a Reference to the Lord Bishop of London then Lord Treasurer and my self My Lords we procured not the Reference But when it was brought to us under the King's Hand we could not refuse to sit upon it Upon full Hearing we were satisfied that the Cause was not rightly stated and therefore we referred them to the Law again for another Tryal and for Costs to the Barons of that Court. And this was the Answer which I gave to Mr. Browne when he instanced in this Case He says the Houses were given to Superstitious Vses But Possessions are not to be carried away for saying so If Men may get Land from others by saying it was given to Superstitious Uses they may get an easie Purchase And Mr. Symms is here in his own Case But whether the Houses were given to Superstitious Uses or not is the thing to be tryed in Law and not to be Pleaded to us He complains that I would not hear his Petition alone And surely my Lords I had no reason since it was referred to another with me And yet I see though I was not in the Reference alone nor would hear it alone yet I must be alone in the Treason And here I desired that Mr. Pagett the Incumbent might be heard 2. The other Witness was Mr. Barnard He says he was present at the Hearing and that Mr. Symms said he was undone if he must go to a new Tryal But my Lords so many Men say that by their troublesomness in Law-Suits go about to undo others He says that Mr. Pagett named his own Referees If that be so 't is no fault of mine He says the Reference was made to us only to Certifie not to make any Order in it If this be so here 's no Proof so much as offer'd that we did not Certifie as we were required and then had Power given to order it which we did And he confesses the Councel on both sides had full Hearing before ought was done The Fourth Charge of this Day was concerning the Imprisonment of one Grafton an Upholster in London The Witnesses Three Of which 1. The first is Grafton in his own Cause and 't is much if he cannot tell a plausible Tale for himself He says first That twelve Years ago he was Committed and Fined Fifty Pounds by other Commissioners By others my Lords therefore not by me And an Act of the High Commission by his own Words it appears to be He says He was continued in Prison by my procurement as he verily believes First as he verily believes is no Proof And the ground of his Belief is as weak For he gives no reason of it but this That Dr. Ryves the King's Advocate spake with the Barons But he doth not say about what or from whom He adds farther that Mr. Ingram Keeper of the Fleet would not give way to his Release notwithstanding the Barons Orders till he heard from me Here 's no Man produced that heard Mr. Ingram say so Nor is Mr. Ingram himself brought to Testifie Lastly he says that he then made Means in Court and so repaired to the Barons again but all in vain And that Baron Trevor cryed out O the Bishop O the Bishop First here 's a Confession of Means in Court made to the Judges So belike they may have Means made to them so it be not by me For the Particular I did humbly desire the Baron being then present might be asked He was asked he blushed and fumbled the Lords laughed and I could not hear what he said 2. The second Witness was Mr. Lenthall But he said nothing but that there was an Order for Grafton's Liberty which is not denied 3. The third was Mr Rivett He says that Mr. Ingram said that Grafton was a Brownist and must be brought into the Fleet again because he did much hurt among the King's Subjects This is a bare Report of a Speech of Mr. Ingram it no way concerns me And a Separatist he is from the Church of England but whether a Brownist or no I cannot tell there are so many Sects God help us And much harm he hath done among weak People For most true it is which S. Cyril observes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That the Devil prepares these Schismatical Separations that so much the more easily the Enemy may be received As for this Man he was in his way cunning enough for under pretence that he suffer'd by me he got Madam Vantlett and other of the French to Negotiate with the Queens Majesty in his behalf And this I found that sometimes when her Majesty knew not of it they sent to the Barons for Favour for him And yet I never heard that Baron Trevor ever cryed out O the French O the French Nor can I tell what stopped his Mouth in this Cry and
I may write to any Judge for Information And there is nothing Peremptory in the Letter The Words are If things be rightly suggested But howsoever the Letter is Dell's and if he have done amiss in it he is here present to Answer And it will be a hard business with Men of Honour if when any Lord shall Command his Secretary to Write and give him Directions for the Matter he shall afterwards be answerable for every slip of his Secretary's Pen especially in so high a way as 't is Charged on me But the best is here 's nothing amiss that I know CAP. XXVII The Sixth Day of my Hearing THE First Charge of this Day concerned the Censure Deprivation and Imprisonment of Mr Huntly The Witnesses produced are Four 1. Mr. Merifield comes on first He says That himself was Committed by the Lords of the Council and that there I said that he the said Merifield deserved to be laid by the Heels and to be called into the Star-Chamber This Man was as I take it Mr Huntly's Attorney and if I did speak those Words concerning him surely his Words and Carriage deserved it Else I am confident the Lords would not have Committed him for a naked and an orderly following of his Clyent 's Cause especially in the presence of two Judges Justice Jones and Justice Crook who he says himself were present And this Answer I gave Mr Brown who in the Sum of his Charge against me omitted not this Case of Mr Merifield for so was this Attorney's Name 2. The next Witness is Mr Huntly himself He says That I said unto him that he being an Ecclesiastical Person and in an Ecclesiastical Cause ought not to decline the Church-Censure Then followed his Imprisonment and his Action for false Imprisonment and the rest of his proceedings In all which the High-Commission proceeded against him and he proceeded against the High-Commissioners nothing done by me or against me in particular So nothing of this Charge falls upon me but the Words and for them they are very far from offering to Exempt any Clergyman him or other from the Temporal Laws it things cognizable by them But I humbly conceive his Oath of Canonical Obedience considered that he ought not to decline the Ecclesiastical Judicature in things meerly Ecclesiastical And if in this my Judgment I do Err yet it is Error without Crime And surely my Lords no Treason 3. The Third Witness is John Dillingham He says That Mr Huntly moved before the Lord Chief Justice Richardson and that the Judge replyed By his Faith he durst not do him Justice To this my Lords I answer Here 's never a Word that he durst not do him Justice for fear of me that 's not said by the Witness and ought not by Conjectures be inforced against me But howsoever if he spake those Words the more shame for him He is Dead and I will not rake into his Grave but if he so spake it seems he was none of those Judges which Jethro advised Moses to make for the ease of himself and the good of the People Mr Brown in summing up of his Charge pressed this Speech of the Judge hard upon me which inforces me to add thus much more That this 〈◊〉 lays it hard upon the Judge not upon me For no Proof is offered that I did Solicit him in that Cause And if he wanted Courage to do Justice why sat he there 4. The Fourth Witness was Mr Pit a sworn Officer he says The Order concerning Mr Huntly was from the Council and that there was then a full Board So this was no single Act of mine He says farther That he was not simply Prohibited but only till he had acquainted the Lord Keeper with it or those Judges whose Courts it concerned And this was so Ordered as I concelve to remedy the tedious and troublesome Interpositions of Mr Huntly Where it is not unfit for me to inform your Lordships that this Cause of Mr Huntly's was in my Predecessor Arch-Bishop Abbot his time I had nothing to do in it but as any other ordinary Commissioner then present had And here at the entring upon my Answers this Day I did in general put the Lords in mind that nothing of late times was done either in Star-Chamber or at Council-Table which was not done in King James and Queen Elizabeth's Times before I was born and that many Parliaments have been since and no Man accused of Misdemeanour for things done there much less of Treason Nor is there any one Witness that hath charged me That that which I did was to overthrow the Laws or to introduce Arbitrary Government That 's only the Construction made on 't at the Bar which as it is without all Proof for any such Intention so I am confident they shall answer for it at another Bar and for something else in these Proceedings Then followed the Charge about Prohibitions In which are many Particulars which I shall take in Order as the several Witnesses Charge them upon me 1. The First is Mr Pryn. He says That An 4 Caroli he brought a Prohibition and that thereupon I should say Doth the King give us Power and then are we prohibited Let us go and Complain First If this were An 4 Caroli it was long before the Article so that I could neither expect the Charge nor provide the Answer Secondly I humbly conceive there 's no Offence in the Words For if a Prohibition be unjustly granted upon Misinformation or otherwise or if we do probably conceive it is ill grounded I hope 't is no Sin to complain of it to the King the Fountain of Justice in both Courts Yea but he says farther That I said I would lay him by the Heels that brought the next And this Mr Burton witnesses with him First if I did say so they were but a few hasty Words For upon second thoughts it was not done Next I desire your Lordships to consider what manner of Witness Mr Burton is who confesses here before your Lordships that he brought the next with a purpose to tempt me You know whose Office that is and so Mr Burton hath abundantly shewed himself and proclaimed his Religion 3. As for Mr Comes he says just the same with Mr Pryn and I give the same Answer Then about taking down of a Pew in a Church in London my Notes are uncertain for the Name which Pew was set above the Communion Table That I required to have it pulled down That they came to me to have an Order for it and that thereupon I should say You desire an Order of Court that you may have it to shew and get a Prohibition But I will break the Back of Prohibitions or they shall break mine And this is joyntly Witnessed by Mr Pocock and Mr Langham And this they say was Thirteen or Fourteen Years ago Excellent Memories that can punctually swear Words so long after But my Lords
purpose to take away Preaching But First there is no Proof offered for this And Secondly 't is impossible For till the Afternoon Service and Sermon were done no Recreation is allowed by that Book nor then to any but such as have been at both Therefore it could not be done to take it away Thirdly the Book names none but Lawful Recreations Therefore if any unlawful be used the Book gives them no Warrant And that some are Lawful after the Publick Service of God is ended appears by the Practice of Geneva where after Evening Prayer the Elder Men Bowl and the Younger Train And Calvin says in express Terms That one Cause of the Institution of the Sabbath was that Servants might have a Day of rest and remission from their Labour And what time of the Day fit if not after Evening Prayer And what Rest is there for able Young Men if they may use no Recreation Then it was urged That there was great Ryot and Disorder at Wakes kept on the Lords Day That is a very sufficient Cause to regulate and order those Feasts but not quite to take them away I make no doubt for my part but that the Feast of the Dedication was abused by some among the Jews and yet Christ was so far from taking it away for that as that he honoured it with his own Presence S. John 10. As for the Paper which was read containing three Causes why that Book was Published that was a Note taken for my own Private Use and Memory Then came in Mr. Pryn who said that the Lord Chief Justice Richardson had made an Order in his Circuit against these Wakes and was forced to revoke it This was done by Authority as is before answered to which I refer my self Here 't is added to help fill up the Noise But Mr. Pryn says That all the Gentlemen in the Country Petitioned on the Judges behalf No there was a great Faction in Sommersetshire at that time and Sir Robert Philips and all his Party writ up against the Judge and the Order he made as was apparent by the Certificates which he returned And Sir Robert was well known in his time to be neither Popish nor Prophane He says farther That William then Earl of Pembrooke was out of Town and the Book Printed in the Interim by my Procurement But for this last here 's not one Word of Proof offered and so I leave it The Fifth Charge was that some Ministers were punished for not reading this Book Witnesses for this were produced 1. The First was Sir Nathaniel Brent who says he had Charge from me to call for an account of not reading this Book both in my Province at my Visitation and in my Diocess His Majesty having Commanded this I could do little if I had not so much as inquired what was done And he confesses that for my Province he gave time to them which had not read it and then never asked more after it So here was no eager Prosecution But then he says that three in my Diocess stood out and asked time And confesses that I granted it But adds that when he asked more time for them I denyed and that they were then suspended ab Officio only I thought I had reason to deny when I saw they did but dally by asking time And it was then evident that in the Diocess of other Bishops far more than Three were punished and their Punishment greater However this my proceeding was far from Rigour And this was the Answer that I gave Mr. Brown who in the Summ of his Charge instanced in this Particular against me 2. The Second witness was Mr. Culmer one of the Three Ministers that was suspended He says That he was suspended by Sir Nathaniel Brent and that when he came to me about it I said If you know not how to Obey I know not how to Grant your Petition Truly my Lords finding him both Wilful and Ignorant I cannot tell what I could say less He says that his Patron took away his Benefice Why my Lords he had none he was only a 〈◊〉 and God knows unfit for that So being Suspended from his Office this must needs be done He says he was not absolved till the Scots came in and that he was Conformable in all things else For the time of his Absolution I leave that to the Record But for his Conformity in other things 't is more than ever I heard of any This I can say for him he is good at Purchasing a Benefice For he offered a Servant of mine One Hundred and Fifty Pound so he could procure me but to Name him to the Parliament for Chartham in Kent Since I have heard he is as good at doing Reverence in the Church For he 〈◊〉 in the Body of the Cathedral at Canterbury at Noon-Day as will be Justified by Oath And for this very Particular the Book of Recreations he informed at the Council-Table against a Gentleman of Quality for saying it was unfit such Books should be sent for Ministers to read in the Church And was himself laid by the Heels for the Falshood of this Information So he is very good at the point of Conscience too that can refuse to read the Book as being unfit and complain to have another Punished for saying 't is so 3. The Third Witness is Mr. Wilson He says That I sent to Sir Nath. Brent to Suspend him That is true but it was when he would neither Obey nor keep in his Tongue He says his Living was Sequestred for almost Four Years But it was not for Not Reading this Book For himself confesses it was done in the High-Commission and that for Dilapidations in Not Repairing his House 4. The Fourth Witness was one Mr. Snelling a Minister in the Diocess of Rochester All that was done against this Man was openly in the High-Commission Court And there he was Censured for other things as well as for this Himself confesses his open refusing to Bow at the Name of Jesus though the Canon of the Church Command it I kept him off from being Sentenced a long time and when he was Sentenced he confesses I was not present He says somewhat was expunged out of his Brief If it were it was with the consent of his Councel which in that Court was ordinary Howsoever it cannot touch me For those things were done at Informations where I was not present He says that when I heard of the Nature of his Defence I said If any such Defence were put in it should be burnt This was upon just Complaint of the Judge then present at Informations affirming it was against all the course of that Court He says there is no Penalty mentioned in that Declaration And I say his Obedience and other Mens should have been the more free and chearful Well I pray God keep us in the mean in this business of the Sabbath as well as in other things that we run not
Articles Which follow in haec Verba The Eighth Article 8. That for the better advancing of his Trayterous Purpose and Design he did abuse the great Power and Trust his Majesty reposed in him and did intrude upon the Places of divers great Officers and upon the Right of other his Majesty's Subjects whereby he did procure to himself the Nomination of sundry Persons to Ecclesiastical Dignities Promotions and Benefices belonging to his Majesty and divers of the Nobility Clergy and others and hath taken upon him the commendation of Chaplains to the King by which means he hath preferred to his Majesty's Service and to other great Promotions in the Church such as have been Popishly affected or otherwise Vnsound and Corrupt both in Doctrine and Manners The Ninth Article 9. He hath for the same Trayterous and Wicked intent chosen and imployed such Men to be his Chaplains whom he knew to be Notoriously disaffected to the Reformed Religion grosty addicted to Popish Superstition and Erroneous and Vnsound both in Judgment and Practice and to them or some of them he hath committed the Licensing of Books to be Printed by which means divers False and Superstitious Books have been Published to the great Scandal of Religion and to the 〈◊〉 of many of his Majesty's Subjects The Fourteenth Day of my Hearing At the ending of the former days Charge I was put off to this day which held The First Charge was concerning Mr. Damport's leaving his Benefice in London and going into Holland 1. The First Witness for this was Quaterman a bitter Enemy of mine God forgive him He speaks as if he had fled from his Ministry here for fear of me But the Second Witness Mr. Dukeswell says that he went away upon a Warrant that came to Summon him into the High Commission The Truth is my Lords and 't is well known and to some of his best Friends that I preserved him once before and my Lord Veer came and gave me Thanks for it If after this he fell into danger again Majus Peccatum habet I cannot preserve Men that will continue in dangerous courses He says farther and in this the other Witness agrees with him That when I heard he was gone into New-England I should say my Arm should reach him there The Words I remember not But for the thing I cannot think it fit that any Plantation should secure any Offender against the Church of England And therefore if I did say my Arm should reach him or them so offending I know no Crime in it so long as my Arm reached no Man but by the Law 2. The Second Witness Mr. Dukeswell adds nothing to this but that he says Sir Maurice Abbot kept him in before For which Testimony I thank him For by this it appears that Mr. Damport was a dangerous Factious Man and so accounted in my Predecessor's Time and it seems Prosecuted then too that his Brother Sir Maurice Abbot was fain being then a Parishioner of his to labour hard to keep him in The Second Charge was concerning Nathaniel Wickens a Servant of Mr. Pryns 1. The First Witness in this Cause was William Wickens Father to Nathaniel He says his Son was Nine Weeks in divers Prisons and for no Cause but for that he was Mr. Pryn's Servant But it appears apud Acta that there were many Articles of great Misdemeanour against him And afterwards himself adds That he knew no Cause but his refusing to take the Oath Ex Officio Why but if he knew that then he knew another Cause beside his being Mr. Pryn's Servant Unless he will say all Mr. Pryn's Servants refuse that Oath and all that refuse that Oath are Mr. Pryn's Servants As for the Sentence which was laid upon him and the Imprisonment that was the Act of the High-Commission not mine Then he says That my Hand was first in the Warrant for his Commitment And so it was to be of course 2. The Second Witness was Sarah Wayman She says that he refused to take the Oath Therefore he was not committed for being Mr. Pryn's Servant She says that for refusing the Oath he was threatned he should be taken pro Confesso And that when one of the Doctors replyed that could not be done by the Order of the Court I should say I would have an Order by the next Court Day 'T is manifest in the Course of that Court that any Man may be taken pro Confesso that will not take the Oath and answer Yet seeing how that party of Men prevailed and that one Doctors doubting might breed more Difference to the great Scandal and Weakning of that Court I publickly acquainted his Majesty and the Lords with it Who were all of Opinion that if such Refusers might not be taken pro Confesso the whole Power of the Court was shaken And hereupon his Majesty sent his Letter under his Signet to command us to uphold the Power of the Court and to proceed She says farther that he desired the sight of his Articles which was denyed him It was the constant and known Course of that Court that he might not see the Articles till he had taken the Oath which he refused to do 3. The Third Witness was one Flower He agrees about the business of taking him pro Confesso But that 's answerd He adds that there was nothing laid to his Charge and yet confesses that Wickens desired to see the Articles that were against him This is a pretty Oath There were Articles against him which he desired to see and yet there was nothing laid to his Charge 4. Then was produced his Majesty's Letter sent unto us And herein the King requires us by his Supream Power Ecclesiastical to proceed c. We had been in a fine case had we disobeyed this Command Besides my Lords I pray mark it we are enjoyned to proceed by the King 's Supream Power Ecclesiastical and yet it is here urged against me that this was done to bring in Popery An Excellent new way of bringing in Popery by the King's Supremacy Yea but they say I should not have procured this Letter Why I hope I may by all Lawful ways preserve the Honour and just Power of the Court in which I sat And 't is expressed in the Letter that no 〈◊〉 was done than was agreeable to the Laws and Customs of the Realm And 't is known that both an Oath and a taking pro Confesso in point of refusal are used both in the Star-Chamber and in the Chancery 5. The last Witness was Mr. Pryn who says That his Man was not suffered to come to him during his Soarness when his ears were Cropped This Favour should have been asked of the Court of Star-Chamber not of me And yet here is no Proof that I denyed him this but the bare Report of him whom he says he employed Nor do I remember any Man's coming to me about it The Third Charge followed it was concerning stopping of Book
thus That God would preserve the Prince in the true Religion of which there was cause to fear Could this Prayer have any other Operation upon the People than to make them think his Majesty was careless in the Education of the Prince especially in point of Religion And this was so Grievous and Graceless a Scandal cast upon a Religious King as nothing could be greater Upon the matter it was the shew of a Prayer for the Prince but was indeed to destroy the King in the Hearts of his People And had I not there consented to his Punishment I had deserved to be punished my self Mr. Brown when he repeated the Summ of the Evidence laid this Charge upon me but spake not one Word to my Remembrance of this Answer given to it The Ninth Charge That I did Extol Queen Mary's Days The Proof for it was taken out of the Preface to the Statutes of the Vniversity of Oxford I took a great deal of pains about those Statutes and might justly have expected Thanks for it not such an Accusation But as for the Preface it was made and Printed at Oxford I medled not with it I could trust the University with little if not with the making of a Preface If they have done any thing amiss in it let them answer it The Passage was about certain Offers made to amend those Confused Old Statutes both in Ed. 6. and Queen Mary's Days but no Effect came of the pains then taken Recruduit Labor says the Preface So that this I can answer for them There 's not a Word spoken of Religion but of Manners only and that as much in relation to the Times of Princes following as Hers. For the Words to my remembrance are Interim optandâ Temporum Foelicitate c. And that Interim cannot be restrained to Queen Mary's Days only but must include the whole Interim or middle distance of Time to that present in which I setled the Body of their Statutes that is all Queen Elizabeth's and King James his Days which I think no Man can deny was Optanda Temporum Foelicitas Here Mr. Nicolas confessed there was no down-right Proof against me That was his Phrase But he added that was not to be expected in such a Work of Darkness Then he produced a Paper found in my Study Printed at Rome So were divers of my Books Printed there What of this They may Print what they will at Rome I cannot hinder it And I may have and keep whatever they Print no Law forbidding it Then he shewed a Letter sent unto me from Mr. Graves The Gentleman is at this present Fellow of Merton College in Oxford a great Traveller and a Man of great Worth As far as I remember his Letter came to me from Alexandria It was fit to be sent and kindly received as by me it was I desired it might be read Then were mentioned Sir William Boswell's Letters and the Papers sent by Andreas ab Habernfeld about a great Plot to destroy the King and Religion and that I concealed these Papers I might have been amazed at the Impudence of this Charge above all the rest Diaboli Impudentia the Devils Impudence and no less as S. Augustin speaks in another Case Did I conceal these Papers First the same Day that I received them I sent them by an Express to his Majesty I had a speedy Answer from his Majesty and that I returned with equal speed to his Majesty's Agent Sir William Boswell as I was commanded And this Mr. Pryn and Mr. Nicolas knew For Mr. Pryn took all these Letters and Papers from me when he searched me at the Tower and out of them made his Book called Rome's Masterpiece Excepting the Slanders which he hath Jugled in of his own So soon as his Majesty came home I humbly besought him that he would be pleased to appoint a time and call some Lords to him to hear and examine the Business and this Examination continued till I was Committed What was after done I cannot account for Besides my Lords it appears by those Paprs that my Life was sought for because I would not give way to the Change of Religion and Mr. Pryn himself hath Printed this and yet now Mr. Nicolas from his Testimony presses these Papers against me But the King and the Lords and both Secretaries of State then present can witness that I took all the Care and Pains above-mentioned to have it sifted to the Bottom Notwithstanding all this Mr. Nicolas falls upon this Plot again upon the next Day of my Hearing as if nothing had been said unto it And was so shameless as to say that I followed this Business so long as I thought the Plot was against the Puritans But so soon as I found it was against the Papists I kept it secret till Mr. Pryn discovered it in his search of my Papers Where First there 's no one Word in all the Papers to make me or any Man think the Puritans were concerned in it And Secondly I did not sleep upon the Receipt of these Papers till I had sent them to his Majesty But I had reason to keep the Papers as safe as I could considering how much they justifie me against these foul Calumnies put upon me Then followed the Charge of Sancta Clara's Book alias Monsieur St Giles So they expressed it and I must follow the way they lead me First then they Charge that I had often Conference with him while he was writing his Book Intituled Deus Natura Gratia No he never came to me till he was ready to Print that Book Then some Friends of his brought him to me His Suit then was That he might Print that Book here Upon Speech with him I found the Scope of his Book to be such as that the Church of England would have little Cause to thank him for it And so absolutely denyed it Nor did he ever come more at me after this but twice or thrice at most when he made great Friends to me that he might Print another Book to prove that Bishops are by Divine Right My Answer then was that I did not like the way which the Church of Rome went in the Case of Episcopacy And howsoever that I would never give way that any such Book should be Printed here from the Pen of a Romanist and that the Bishops of England were able to defend their own Cause and Calling without calling in Aid from Rome and would in due time Maintenance he never had any from me nor did I then know him to be a Priest Nor was there any Proof so much as offered in contrary to any of this 2. Secondly they did specially except against a Passage in the Licenser and another at the end of the Book The Book was Printed at Lions where I could not hinder the Printing either of the whole or any part This might have been something had I Licensed it here But that I constantly denyed 3. Thirdly
traduce no Man's Justice First because they depend upon an If If the Parliament-Man there mentioned told me Truth that such a Resolution was taken And Secondly because it can be no Justice in any Men be the Sentence never so moderate in it self to take up a Resolution what Sentence shall pass before Answer given or Charge put in For else a Man may be punished first and tryed after which is contrary to all Rules of Justice And therefore if such a Resolution were taken as I believe not I might well say that which followed after Then was produced a Paper concerning the Subsidies or Aids which had been given in divers Parliaments in which it is said at the beginning of it that Magna Charta had an obscure Birth and was Fostered by an Ill Nurse I believe that no Man that knows Mr. Nicolas thinks that he spakes softly upon this No he spake loud enough What Laws would I spare that spake thus of Magna Charta First here is no Proof offered that this Paper is my Collection but only that it is in my Hand By which Argument as is said before I may be made the Author of any thing And so may any Scholar that is able and willing to inform himself Secondly the main Draught of that Paper is not in my Hand though some Notes upon it be Thirdly there are Littleton and other Lawyers quoted in that Paper Authors which I never read Nor is this now any disgrace to Magna Charta that it had an obscure Birth For say the Difficulties of the times brought it obscurely forth that 's no blemish to the Credit and Honour to which it hath for many Ages attained Not only their Laws but the greatest Empires that have been in the World some of them have had obscure beginnings Witness the Roman Empire Fourthly what if our Stories agree upon it that it had an obscure Birth and a worse Nurse What if some Law Books which Mr. Nicolas never read and those of good account use almost the same Words of Magna Charta which are in that Paper Shall the same Words be History and Law in them and Treason in me And somewhat certainly there is in it that Mr. Brown when he gave his Summary Charge against me First to the Lords and after in the House of Commons quite omitted this Particular Sure I believe he found nothing was in the Paper but known Truth and so passed it over else he would never have denyed a Vindicaton to Magna Charta After all this Mr. Nicolas concludes with a Dream which he says was mine The Dream he says was that I should come to greater Preferment in the Church and Power in the State than any Man of my Birth and Calling had done before me but that in the end I should be Hanged First my Lords if I had had any such Dream 't is no Proof of any thing against me Dreams are not in the Power of him that hath them but in the unruliness of the Phansie which in broken sleeps wanders which way it pleases and shapes what it pleaseth But this Dream is brought in as the Fall of my Picture was to make me a Scorn to your Lordships and the People And to try whether any thing will yet at last break my Patience This Dream is Reported here according to Mr. Pryn's Edition of my Diary somewhat different from that which Mr. Pryn Printed in a former Book of his but the beginning and the end agree From Mr. Pryn Culmer hath taken and Printed it And Mr. Pryn confessed before the Lords that one Mr. Badger an Attorney at Law a Kinsman of mine told it him The Truth my Lords is this This Badger Married a near Kinswoman of mine he was a notorious Separatist and so nearer in Affection to Mr. Pryn than to me in Alliance This Man came one day to me to Lambeth and told me privately which was more Manners than usually the Bold Man had that he heard I had such a Dream when I was Young in Oxford I protested to him there was no such thing and that some Malicious Fellow or other had set him on work to come and Abuse me to my Face He seemed satisfied but going to Visit Mr. Pryn then in the Tower he told it him and Mr. Pryn without further Proof Prints it in the next Book he set out When I saw it in Print and found that some in Court took notice of it I resolved to acquaint his Majesty how I was used and meeting with the Earl of Pembroke then Lord Chamberlain and my great Friend as he pretended the King being not then come forth of his Chamber I told his Lordship how I was used and when the King came forth I told it him also But the Earl of Pembroke then present in the House and called up by them for a Witness forgetting the Circumstances but remembring the thing took it upon his Honour that I said nothing of Mr. Pryn's Printing it but that I told him absolutely I had this Dream Now God forgive his Lordship I was much troubled in my self to hear him take it upon his Dishonour for so it was and yet unwilling knowing his Violence to contest with him in that place and in my Condition and observing what Spleen he hath lately shewed against me I stood a little still to gather up my self When Mr. Nicolas before I could make any reply fell on with great earnestness and told the Lords that the forepart of my Dream was found true to the great hurt both of Church and State and that he hoped they would now make good the latter That I might be Hanged To which I Answer'd That I had not forgotten our Saviour's Prediction St. John 16. That in the World we should be sure to meet with affliction Nor his Prayer Father forgive these Men for they know not what they do St. Luke 23. No nor is that out of my Memory which St. Paul speaks 1 Cor. 4. De Humano Die But for the Publick with this I shall conclude God of his Infinite Mercy Bless the King and his People with Love and Peace and Piety and Plenty which is the worst I ever wished or endeavoured whatsoever it shall please God shall become of me to whose Blessed Will and Pleasure in all Humility I submit my self And here ended this last day of my Tryal But before I went from the Bar I made three Motions to the Lords The one That I might have a day to make a Recapitulation of this long and various Charge or of the chief Heads of it that it might appear in a Body together The other That after this my Councel might have a day to speak to all Points of Law incident to my Cause The third That they would be pleased to remember that I had pleaded the Act of Oblivion to the Thirteenth Original Article Mr. Nicolas said they would acquaint their House with it And the Lords
joyneth with him therein in it self though performed in a negligent and so in a sinful manner by the Minister But if that manner be enjoyned the Service it self is to be refused This is my Lord's First Instance from the Services under the Law And I must needs say he hath made it clear what he would have But then he must give me leave to say too that this Instance differs so mainly from the thing in question that it helps my Lord and his Cause in nothing Perhaps it makes it worse than it was The difference is God in the Law did not only prescribe all the Sacrifices and Offerings which he would have and for what But also when and how he would have them And the Poor man which had not Ability to bring the greater Sacrifice might by the express Letter of the Law bring Turtles or Pigeons Levit. 5. But if a Rich Man had brought them his Service would have been rejected and himself punished So says my Lord But the Law says not so He that brought it should have born his Sin and the Priest could have made no Attonement for him which was punishment enough But that he should any other way be punished I find not in the Text of the Law And this Lord which will admit of nothing but Text should not presume to add any thing to it The Rabbins indeed reckon up Six and Thirty kinds of Offenders which for their Sins are threatned to be cut off from their People and some are mentioned Levit. 7. 17. But none of these mentioned in Leviticus or by the Rabbins is the Rich Man's offering Turtles or Pigeons instead of a Bullock or a Ram. Well this was the strict prescription of Sacrifices and Offerings in the Law But in the Gospel though Christ setled his Doctrin and Sacraments yet when and how with other Ceremonial Things were left at large to the Ordering of the Apostles and the Church after them always providing for 〈◊〉 and Order And this Liberty was left as much if not more in Preaching and Publick Prayer than in the Sacraments And therefore my Lord's Instance in this way will not follow from the Law to the Gospel To give instance in his own Words In the Law The poor Man which had nor Bullock nor Lamb might by the express Warrant of the Law bring Turtles or Pigeons but they were to be his own which he bought and the Priest was to make his Attonement accordingly But in the Gospel Men do not bring to the Priest or Minister their own Doctrins or their Prayers but he offers in publick the Sermon to them and the Prayers for them So here the Instance comes not home neither As for my Lord's Aggravation How much more would the Service have been abomination if Men should have taken Authority to themselves and have enjoyned all to bring nothing but Turtles or Pigeons Indeed it would have been full of Abomination because in this Injunction they would have gone quite contrary to God's own Command And let my Lord shew in the Gospel any Precept that commands Men to use Extemporary or Conceived Prayers in the Publick Service or Worship of God or that forbids the use of a Set Form of Prayer and then I will grant the Church's Injunction of such Forms to be in the highest degree unlawful But these cannot be shewed Besides there is a great deal of Pride in this Instance For my Lord all along the Instance makes the Set Forms of the Church Turtles and Pigeons the poor Man's Sacrifice and the Conceived Prayers of his Party to be the Rich and able Men's Sacrifice the Ram and the Bullock the Calf I doubt it is So a very little before his Lordship tells us of a Negligence in those his Men of Gifts which might offer better if they will As if it were a most easie thing for those Men to offer up far better Prayers to God than the Set Liturgy of the Church Whereas my Lord must give me leave to doubt that even of the best of them And so again a little after his Lordship tells us That God will be worshipped with the Fat and the best of the Inwards which he Interprets with the best of Mens Gifts and Abilities and of this there is no doubt Nor doth the enjoning of a Set Form of Publick Prayer hinder any Man from worshipping God with the best Gifts and Abilities which he hath And who should be served with the best if not he that gave them all But here 's the Pride of the Instance again Their conceived tedious and oft-times senseless Prayers must be the Fat and the Inwards with which God is pleased and the Set Forms of the Church Lean Carrion and not fit for the Altar O my Lord that you would in time lay your Hand on your Heart and consider from what and into what you are fallen My Lord concludes this Instance with this That if it be left free to him that Officiates 't is his personal Sin if he be negligent but it may be lawful for another that joins with him in that Service But if that manner be enjoined the Service it self is to be refused And after this great Pride in or of this Opinion my Lord ends with a Fallacy For the Question is not Whether a negligent Set Form of Prayer or a Good Form of Set Prayer negligently and without Devotion offer'd up to God as too often they are God help us be better than other Prayers carefully composed and devoutly uttered But simply Whether a good Set Form of Prayer such as the Liturgy of England is be made so evil only by the enjoyning of it as that therefore the Service it self ought to be refused Now this my Lord may say as boldly as he will but neither he nor any man else shall ever be able to prove it And in this very close I cannot but observe that which in me or another Man would have been great Pride But what it is in this Lord let the Reader judge For he doth not conclude that this Form being enjoyned is the Cause why he refuses to come to our Prayers But absolutely as if all Men were bound to do as he doth He says peremptorily that in this Case of Injunction of a set Form the Service it self ought to be refused So that by this Doctrine he is a Sinner that refuses not the Prayers of the Church of England My Lord in the beginning askt leave to speak a few Words concerning himself but I believe these will be found to concern some body else Well 't is time to consider of my Lord's second Instance and so I will Now in the time of the Gospel God hath appointed the foolishness of Preaching for so the World accounts it to be the Means by which he will save those that Believe I conceive where there are not Gifts enabling Men to Preach there might be a lawful and profitable use of Reading of Printed