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
King and acquainted him both with the Thing and the Person Aug. 7. Wednesday An absolute Settlement between me and K. B. after I had made known my Cause at large God bless me in it Aug. 14. Wednesday A Report brought to me that I was Poisoned Aug. 17. Saturday I had a serious offer made me again to be a Cardinal I was then from Court but so soon as I came thither which was Wednesday Aug. 21. I acquainted his Majesty with it But my answer again was that somewhat dwelt within me which would not suffer that till Rome were other than it is Aug. 25. Sunday My Election to the Arch-Bishoprick was returned to the King then being at Woodstock Septemb. 19. Thursday I was translated to the Arch-Bishoprick of Canterbury The Lord make me able c. The Day before viz. Sept. 18. When I first went to Lambeth my Coach Horses and Men sunk to the bottom of the Thames in the Ferry-Boat which was over-laden but I Praise God for it I lost neither Man nor Horse A wet Summer and by it a Casual Harvest The Rainy Weather continuing till Novemb 14. which made a marvellous ill Seed-time There was Barley abroad this Year within 30 Miles of London at the end of October Novemb. 13. Wednesday Richard Boyer who had formerly named himself Lodowick was brought into the Star-Chamber for most grosly Misusing me and Accusing me of no less than Treason c. He had broke Prison for Felony when he did this His Censure is upon Record And God forgive him About the beginning of this Month the Lady Davis Prophesied against me that I should very few Days out-live the Fifth of November And a little after that one Green came into the Court at St. James's with a great Sword by his Side swearing the King should do him Justice against me or he wou'd take another course with me All the wrong I ever did this Man was that being a poor Printer I procured him of the Company of the Stationers 5 l. a Year during his Life God preserve me and forgive him He was committed to Newgate Novemb. 24. Sunday in the After-noon I Christened King Charles his Second Son James Duke of York at St. James's Decemb. 10. and 29. Twice or Thrice in the Interim I advertised his Majesty of the Falsehood and Practice that was against me by L. T. c. This brake out then Jan. 1. The way to do the Town of Reading good for their Poor which may be compassed by God's Blessing upon me though my Wealth be small And I hope God will bless me in it because it was his own Motion in me For this way never came into my Thoughts though I had much beaten them about it till this Night as I was at my Prayers Amen Lord. Anno 1634. March 30. Palm-Sunday I Preached to the King at White-Hall Maij 13. I received the Seals of my being chose Chancellor of the University of Dublin in Ireland To which Office I was chosen Sept. 14. 1633. There were now and somewhat before great Fractions in Court And I doubt many private ends followed to the prejudice of Publick Service Good Lord preserve me Junij 11. Mr. Prynne sent me a very Libellous Letter about his Censure in the Star-Chamber for his Histriomastix and what I said at that Censure in which he hath many ways mistaken me and spoken untruth of me Junij 16. I shewed this Letter to the King and by his command sent it to Mr. Atturney Noye Junij 17. Mr. Atturney sent for Mr. Prynn to his Chamber shewed him the Letter asked him whether it were his hand Mr. Prynn said he could not tell unless he might read it The Letter being given into his hand he tore it into small pieces threw it out at the Window and said that should never rise in Judgment against him Fearing it seems an Ore tenus for this Junij 18. Mr. Atturney brought him for this into the Star-Chamber where all this appear'd with shame enough to Mr. Prynn I there forgave him c. Julij 26. I received word from Oxford that the Statutes were accepted and published according to my Letters in the Convocation-House that Week Aug. 9. Saturday Mr. William Noye his Majesties Atturney General dyed at Brainford circa Horam Noctis Decimam And Sunday Morning August 10. His Servant brought me word of it to Croydon before I was out of my Bed I have lost a dear Friend of him and the Church the greatest she had of his Condition since she needed any such Aug. 11. One Rob Seal of St Albans came to me to Croydon told me somewhat wildly about a Vision he had at Shrovetide last about not Preaching the Word sincerely to the People And a Hand appeared unto him and Death and a Voice bid him go tell it the Metropolitan of Lambeth and made him swear he would do so and I believe the poor Man was over-grown with Phansie So I troubled not my self further with him or it Aug. 30. Saturday At Oatlands the Queen sent for me and gave me thanks for a Business with which she trusted me her Promise then that she would be my Friend and that I should have immediate address to her when I had Occasion Septemb. 30. I had almost fallen into a Fever with a Cold I took and it held me above three weeks Octob. 20. The extream hot and faint October and November save three days frost the dryest and fairest time The Leaves not all off the Trees at the beginning of December The Waters so low that the Barges could not pass God bless us in the Spring after this green Winter Decemb. 1. Munday My Antient Friend E. R. came to me and performed great Kindness which I may not forget Decemb. 4. I Visited the Arches it was Thursday Decemb. 10. Wednesday That Night the Frost began the Thames almost frozen and it continued until the Sunday Sevennight after Dec. 15. X. E. R. Januar. 8. Thursday I Married the Lord Charles Herbert and the Lady Mary Daughter to the Duke of Buckingham in the Closet at White-Hall Januar. 5. Munday-night being Twelfth-Eve the Frost began again the Thames was frozen over and continued so till February 3. 1634. A mighty Flood at the Thaw Feb. 5. Thursday I was put into the great Committee of Trade and the King's Revenue c. March 1. Sunday The great business which the King commanded me to think on and give him account and L. T. March 14. Saturday I was Named one of the Commissioners for the Exchequer upon the death of Richard Lord Weston Lord High Treasurer of England That Evening K. B. sent to speak with me at White-Hall a great deal of free and clear expression if it will continue March 16. Munday I was called against the next day into the Forrain Committee by the King March 22. Palm-Sunday I Preached to the King at White-Hall Anno 1635. April 9. Wednesday and from thence-forward all in firm Kindness between K.
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
some known Bounds might be set to each Court that the Subject might not to his great Trouble and Expence be hurried as now he was from one Court to another And here I desired a Salvo till I might bring Arch-Bishop Parker's Book to shew his Judgment in this Point in the beginning of the Reformation if it shall be thought needful According to whose Judgment and he proves it at large there is open Wrong done to the Ecclesiastical Jurisdiction by Prohibitions The next Charge is about my undue taking of Gifts A Charge which I confess I did not think to meet here And I must and do humbly desire your Lordships to remember that till this Day I have not been Accused in the least for doing any thing Corruptly And if I would have had any thing to do in the base dirty Business of Bribery I needed not have been in such Want as now I am But my Innocency is far more to my Comfort than any Wealth so gotten could have been For I cannot forget that of Job That Fire shall consume the Tabernacles of Bribery And in the Roman Story when P. Rutilius a Man Summâ Innocentiâ of greatest Integrity was Accused Condemned and Banished 't is observed by the Story that he suffered all this not for Bribery of which he was not Guilty but Ob Invidiam for Envy against which when it Rages no Innocency no Worth of any Man is able to stand 1. But to come to the Particulars the first is the Case of Sir Edward Gresham's Son unhappily Married against his Father's will a Suit in the High Commission about it and that there he had but Fifty Pounds Damages given him That was no fault of mine my Vote gave him more but it was carried against me The Bond of two Hundred Pounds which was taken according to Course in the Court was demanded of me by Sir Edward to help himself that way and 't is confessed I granted it But then 't is Charged that in my Reference to Sir John Lambe to deliver him the Bond I required him to demand one half of the Forfeiture of the Bond toward the Repair of St. Pauls 'T is true I did so But First I desire it may be considered that it was wholly in my Power whether I would have delivered him the Bond or not Secondly That upon this gross Abuse I might have sued the Bond in my own Name and bestowed the Money upon what Charitable Uses I had thought fit Thirdly That I did nothing herein but what the Letters-Patent for Repair of St. Pauls give me power to do Fourthly That this is the third time St. Pauls is urged against me Which I am not sorry for because I desire since 't is once moved it may be sifted 〈◊〉 the uttermost And whereas to make all Ecclesiastical Proceedings the more odious it was urged that the Rubrick in the Common-Prayer Book mentions no License but asking of Banes That Rubrick is to be understood where no License is granted For else no License at all for Marriage without Banes-asking can be good which is against the Common both Law and Practice of the Kingdom 2. The second Particular was Charged by one Mr. Stone of London who said he sent into Lambeth two Butts of Sack in a Cause of some Chester-Men whom it was then in my Power to relieve and mitigate their Fine set upon them in the High Commission at York about Mr. Pryn's Entertainment as he passed that way And that this Sack was sent in before my Composition with him what should be mitigated and so before my return of the Fine mitigated into the Exchequer The Business my Lords was thus His Majesty having taken the Repair of the West End of St. Pauls to himself granted me to that end all the Fines in the High-Commission Court both here and at York and left the Power of Mitigation in me The Chester-Men which this Witness speaks of were deeply Sentenced at York for some Misdemeanours about Mr. Pryn then lately Sentenced in the Star-Chamber One or more of them were Debtors to this Mr. Stone to the value of near Three Thousand Pounds as he said These Men for fear of the Sentence kept themselves close and gave Mr. Stone to know how it was with them and that if he could not get me to moderate the Fine they would away and save themselves for they had now heard the Power was in me Upon this Mr. Stone to save his own Debt of three Thousand Pounds sends his Son-in-Law Mr. Wheat and Dr. Bailie Men that were bred in the College of S. John under me and had ever since good interest in me to desire my Favour I at first thought this a pretence and was willing to preserve to St. Pauls as much as fairly I might But at last upon their earnest pleading that the Men were not Rich and that Mr. Stone was like without any fault of his to be so much damnified I mitigated their Fines which were in all above a Thousand Pounds to two Hundred I had great Thanks of all Hands and was told from the Chester-Men that they heartily wished I had had the Hearing of their Cause from the beginning While Mr. Wheat and his Brother Dr. Bailie were Soliciting me for Favour to Mr. Stone He thinks upon sending Sack into my House and comes to my Steward about it My Steward acquaints me with it I gave him absolute Command not to receive it nor any thing from any Man that had Business before me So he refuses to admit of any Mr. Stone presses him again and tells him he had no Relation to the Chester-Men's Cause but would give it for the great Favour I had always shew'd to his Son-in-Law But still I Commanded my Steward to receive none When Mr Stone saw he could not fasten it he watches a time when my Steward was out of Town and my self at Court and brings in his Sack and tells the Yeoman of my Wine-Cellar he had leave to lay it in My Steward comes home finds the Sack in the Cellar tells me of it I Commanded it should be taken out and carried back Then Mr. Stone comes intreats he may not be so Disgraced protests as before that he did it meerly for my great Favour to his Son-in-Law and that he had no Relation to the Chester-Men's Business And so after he protested to my self meeting me in a Morning as I was going over to the Star-Chamber Yet afterwards this Religious Professour for so he carries himself goes Home and puts the Price of the Sack upon the Chester-Men's Account Hereupon they complain to the House of Commons and Stone is their Witness This is the truth of this Business as I shall answer it to God And whether this do not look like a thing Plotted by the Faction so much imbittered against me let understanding Men judge Mr. Wheat his Son-in-Law was present in Court and there avowed that he Transacted the Business
into a Jewish Superstition while we seek to shun Profaneness This Calvin hath in the mean time assured me That those Men who stand so strictly upon the Morality of the Sabbath do by a gross and carnal Sabbatization three times out-go the Superstition of the Jew Here it was inferred that there was a Combination for the doing of this in other Dioceses But no proof at all was offer'd Then Bishop Mountague's Articles and Bishop Wrenn's were Read to shew that Inquiry was made about the Reading of this Book And the Bishop of London's Articles Named but not Read But if I were in this Combination why were not my Articles Read Because no such thing appears in them and because my Articles gave so good content that while the Convocation was sitting Dr. Brownrigg and Dr. Holdsworth came to me and desired me to have my Book confirmed in Convocation to be general for all Bishops in future it was so moderate and according to Law But why then say they were other Articles thought on and a Clause that none should pass without the Approbation of the Arch-Bishop Why other were thought on because I could not in Modesty press the Confirmation of my own though solicited to it And that Clause was added till a standing Book for all Dioceses might be perfected that no Quaere in the Interim might be put to any but such as were according to Law The Sixth Charge was about Reversing of a Decree in Chancery as 't is said about Houses in Dr Walton's Parish given as was said to Superstitious Vses 1. The First Witness was Serjeant Turner He says He had a Rule in the King's Bench for a Prohibition in this Cause But by Reason of some defect what is not mentioned he confesses he could not get his Prohibition Here 's nothing that reflects upon me And if a Prohibition were moved for that could not be personally to me but to my Judge in some Spiritual 〈◊〉 where it seems this Cause depended and to which the Decree in Chancery was directed And indeed this Act which they call a Reversing was the Act and Seal of Sir Nath. Brent my Vicar General And if he violated the Lord Keeper's Decree he must Answer it But the Instrument being then produced it appeared concurrent in all things with the Decree The Words are Juxta scopum Decreti hac in parte in Curiâ 〈◊〉 factum c. 2. The Second Witness was Mr. Edwards And wherein 〈◊〉 concurs with Serjeant Turner I give him the same Answer For that which he adds that Dr. Walton did let Leases of these Houses at an undervalue and called none of the Parishioners to it If he did in this any thing contrary to Justice or the Will of the Donor or the Decree he is Living to Answer for himself me it concerns not For his Exception taken to my Grant of Confirmation I think he means and to the Words therein Omnis Omnimoda c. 'T is the Ancient Stile of such Grants for I know not how many Hundred Years no Syllable innovated or altered by me Then followed the Charge of Mr. Burton and Mr. Pryn about their Answer and their not being suffer'd to put it into the Star-Chamber Which though Mr. Pryn pressed at large before yet here it must come again to help fill the World with Clamour Yet to that which shall but seem new I shall Answer Two things are said 1. The one That they were not suffered to put in their defence Modo Forma as it was laid There was an Order made openly in Court to the Judges to Expunge Scandalous Matter And the two Chief Justices did Order the Expunging of all that which was Expunged be it more or less As appears in the Acts of that Court. 2. The other is that I procured this Expunging The Proofs that I procured it were these 1. First because Mr. Cockshot gave me an Account of the business from Mr. Attorney I had Reason to look after the business the whole Church of England being scandalized in that Bill as well as my self But this is no Proof that I either gave direction or used any solicitation to the Reverend Judges to whom it was referred 2. Secondly because I gave the Lords thanks for it It was openly in Court It was after the Expunging was agreed unto And what could I do less in such a Cause of the Church though I had not been personally concerned in it 3. Thirdly because I had a Copy of their Answer found in my Study I conceive it was not only fit but necessary for me to have one the Nature of the Cause considered But who interlined any passages in it with black Lead I know not For I ever used Ink and no black Lead all my Life These be strange Proofs that I procured any thing Then Mr. Pryn added That the Justice and Favour which was afforded Dr. Leighton was denyed unto him As far as I remember it was for the putting in of his Answer under his own Hand This if so was done by Order of the Court it was not my Act. The last Charge followed And that was taken out of the Preface to my Speech in Star-Chamber The Words are That one way of Government is not always either fit or safe when the Humors of the People are in a continual Change c. From whence they inferred I laboured to reduce all to an Arbitrary Government But I do humbly conceive no construction can force these Words against me for an Arbitrary Government For the meaning is and can be no other for sometimes a stricter and sometimes a remisser holding and ordering the Reins of Government yet both according to the same Laws by a different use and application of Mercy and Justice to Offenders And so I Answer'd to Mr. Brown who charged this against me as one of my ill Counsels to his Majesty But my Answer given is Truth For it is not said That there should not be One Law for Government but not One way in the Ordering and Execution of that Law And the Observator upon my Speech an English Author and well enough known though he pretend 't is a Translation out of Dutch though he spares nothing that may be but carped at yet to this passage he says 't is a good Maxim and wishes the King would follow it And truly for my part I Learned it of a very wise and an able Governour and he a King of England too it was of Hen. 7. of whom the Story says that in the difficulties of his Time and Cause he used both ways of Government Severity and Clemency yet both these were still within the compass of the Law He far too Wise and I never yet such a Fool as to imbrace Arbitrary Government CAP. XXXVI THis day I received a Note from the Committee that they intended to proceed next upon the remainder of the Seventh and upon the Eighth and Ninth Original
Articles Which follow in haec Verba The Eighth Article 8. That for the better advancing of his Trayterous Purpose and Design he did abuse the great Power and Trust his Majesty reposed in him and did intrude upon the Places of divers great Officers and upon the Right of other his Majesty's Subjects whereby he did procure to himself the Nomination of sundry Persons to Ecclesiastical Dignities Promotions and Benefices belonging to his Majesty and divers of the Nobility Clergy and others and hath taken upon him the commendation of Chaplains to the King by which means he hath preferred to his Majesty's Service and to other great Promotions in the Church such as have been Popishly affected or otherwise Vnsound and Corrupt both in Doctrine and Manners The Ninth Article 9. He hath for the same Trayterous and Wicked intent chosen and imployed such Men to be his Chaplains whom he knew to be Notoriously disaffected to the Reformed Religion grosty addicted to Popish Superstition and Erroneous and Vnsound both in Judgment and Practice and to them or some of them he hath committed the Licensing of Books to be Printed by which means divers False and Superstitious Books have been Published to the great Scandal of Religion and to the 〈◊〉 of many of his Majesty's Subjects The Fourteenth Day of my Hearing At the ending of the former days Charge I was put off to this day which held The First Charge was concerning Mr. Damport's leaving his Benefice in London and going into Holland 1. The First Witness for this was Quaterman a bitter Enemy of mine God forgive him He speaks as if he had fled from his Ministry here for fear of me But the Second Witness Mr. Dukeswell says that he went away upon a Warrant that came to Summon him into the High Commission The Truth is my Lords and 't is well known and to some of his best Friends that I preserved him once before and my Lord Veer came and gave me Thanks for it If after this he fell into danger again Majus Peccatum habet I cannot preserve Men that will continue in dangerous courses He says farther and in this the other Witness agrees with him That when I heard he was gone into New-England I should say my Arm should reach him there The Words I remember not But for the thing I cannot think it fit that any Plantation should secure any Offender against the Church of England And therefore if I did say my Arm should reach him or them so offending I know no Crime in it so long as my Arm reached no Man but by the Law 2. The Second Witness Mr. Dukeswell adds nothing to this but that he says Sir Maurice Abbot kept him in before For which Testimony I thank him For by this it appears that Mr. Damport was a dangerous Factious Man and so accounted in my Predecessor's Time and it seems Prosecuted then too that his Brother Sir Maurice Abbot was fain being then a Parishioner of his to labour hard to keep him in The Second Charge was concerning Nathaniel Wickens a Servant of Mr. Pryns 1. The First Witness in this Cause was William Wickens Father to Nathaniel He says his Son was Nine Weeks in divers Prisons and for no Cause but for that he was Mr. Pryn's Servant But it appears apud Acta that there were many Articles of great Misdemeanour against him And afterwards himself adds That he knew no Cause but his refusing to take the Oath Ex Officio Why but if he knew that then he knew another Cause beside his being Mr. Pryn's Servant Unless he will say all Mr. Pryn's Servants refuse that Oath and all that refuse that Oath are Mr. Pryn's Servants As for the Sentence which was laid upon him and the Imprisonment that was the Act of the High-Commission not mine Then he says That my Hand was first in the Warrant for his Commitment And so it was to be of course 2. The Second Witness was Sarah Wayman She says that he refused to take the Oath Therefore he was not committed for being Mr. Pryn's Servant She says that for refusing the Oath he was threatned he should be taken pro Confesso And that when one of the Doctors replyed that could not be done by the Order of the Court I should say I would have an Order by the next Court Day 'T is manifest in the Course of that Court that any Man may be taken pro Confesso that will not take the Oath and answer Yet seeing how that party of Men prevailed and that one Doctors doubting might breed more Difference to the great Scandal and Weakning of that Court I publickly acquainted his Majesty and the Lords with it Who were all of Opinion that if such Refusers might not be taken pro Confesso the whole Power of the Court was shaken And hereupon his Majesty sent his Letter under his Signet to command us to uphold the Power of the Court and to proceed She says farther that he desired the sight of his Articles which was denyed him It was the constant and known Course of that Court that he might not see the Articles till he had taken the Oath which he refused to do 3. The Third Witness was one Flower He agrees about the business of taking him pro Confesso But that 's answerd He adds that there was nothing laid to his Charge and yet confesses that Wickens desired to see the Articles that were against him This is a pretty Oath There were Articles against him which he desired to see and yet there was nothing laid to his Charge 4. Then was produced his Majesty's Letter sent unto us And herein the King requires us by his Supream Power Ecclesiastical to proceed c. We had been in a fine case had we disobeyed this Command Besides my Lords I pray mark it we are enjoyned to proceed by the King 's Supream Power Ecclesiastical and yet it is here urged against me that this was done to bring in Popery An Excellent new way of bringing in Popery by the King's Supremacy Yea but they say I should not have procured this Letter Why I hope I may by all Lawful ways preserve the Honour and just Power of the Court in which I sat And 't is expressed in the Letter that no 〈◊〉 was done than was agreeable to the Laws and Customs of the Realm And 't is known that both an Oath and a taking pro Confesso in point of refusal are used both in the Star-Chamber and in the Chancery 5. The last Witness was Mr. Pryn who says That his Man was not suffered to come to him during his Soarness when his ears were Cropped This Favour should have been asked of the Court of Star-Chamber not of me And yet here is no Proof that I denyed him this but the bare Report of him whom he says he employed Nor do I remember any Man's coming to me about it The Third Charge followed it was concerning stopping of Book
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