Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	chamber_n	king_n	parliament_n	1,570	5	7.5581	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43532	Scrinia reserata a memorial offer'd to the great deservings of John Williams, D. D., who some time held the places of Ld Keeper of the Great Seal of England, Ld Bishop of Lincoln, and Ld Archbishop of York : containing a series of the most remarkable occurences and transactions of his life, in relation both to church and state / written by John Hacket ...	Hacket, John, 1592-1670.	1693 (1693)	Wing H171; ESTC R9469	790,009	465

Ulpian did not stick to say of all the grave Senators that sate upon the Bench to decide Right from Wrong Nos meritò juris sacerdotes à quòdam dicti sumus siquidem sanctissima res est civilis sapientia This Heathen was pleased to have them styled Priests of the Law because the Wisdom of Civil Judicature was an holy Thing Much more it agrees in a Chancellor who directs that part which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Aristotle says Eth. 5. the mitigating of public Justice when it breaths Intemperate Rigour Happy are the People who are governed by full and exact Laws which make them liable as little as may be to the Errors and Passions of Arbitrary Moderation Yet because a Law is a General Rule and that it is not possible that a General Rule should provide sufficiently to satisfie all particular Cases therefore as the same Philosopher said again Polit. 3. Let the Laws have the chief Power yet sometimes let one or more Judges have the Power of the Laws which in effect is the merciful Voice of God to mollifie the Strictness and Inconveniencies of the Voice of Man And we living in a Christian State how can that be incongruous nay any way unseemly in his Person that is an Ambassador of Christ 67. It was said also that he was illiterate in the knowledge of the Laws being bred up in other Studies and very unprepared to discharge this Function But it was quickly unsaid as soon as the Court had trial of his Abilities There have been others besides Peter Gallaudes that have been capacious of all Sciences and Learning of whom Turnebus Advers l. 2. c. 1. Omnium rerum capax natura quam it a facile regebat versabat ut quicquid ageret unum illud curae habere tractaréque putaretur So this man had a mind of such a Glebe by the felicity of Nature and so manured that it could bring forth a plentiful Crop whatsoever Seed or Grain was cast into it and whatsoever he addicted himself to convey into the Store-house of his Brain he was never long at suck but had it with much more speed then other men Though he was never a Practitioner in the course of the Law yet he had been an hard Student in the Tenures Reports and other Compilements of that Profession But no marvel if others were diffident of him for he was very diffident of himself Therefore he humbly besought the King he might be a Temporary Lord-Keeper nay a Probationer and no more as it is divulged in the Cabal p. 56. and of the rest of that in a sitter place Nay he besought that His Majesties free and unlook'd-for Election might bear the blame of his Infirmities as Gregory the Great wrote to Mauritius the Emperor when he did in a manner enforce Gregory to be Bishop of Rome Lib. 1. Ep. 5. Necesse est ut omnes culpas meas negligentias non mihi sed tuae pietati populus deputet qui virtutis Ministerium infirmo commisit The Chancellorship of England is not a Chariot for every Scholar to get up and ride in it Saving this one perhaps it would take a long day to find another Our Laws are the Wisdom of many Ages consisting of a world of Customs Maxims intricate Decisions which are Responsa prudentum Tully could never have boasted if he had lived among us Si mihi vehementer occupato stomachum moverint triduo me jurisconsultum profitebor Orat. pro Mar. If the Advocates of Rome anger'd him though he were full of business he would pass for a Lawyer in 3 days He is altogether deceived that thinks he is fit for the Exercise of our Judicature because he is a great Rabbi in some Academical Authors for this hath little or no Copulation with our Encyclopaidy of Arts and Sciences Quintilian might judge right upon the Branches of Oratory and Philosophy Omnes Disciplinas inter se conjunctionem rerum communionem habere But our Law is a Plant that grows alone and is not entwined into the Hedge of other Professions yet the small insight that some have into deep Matters cause them to think that it is no insuperable Task for an unexpert man to be the chief Arbiter in a Court of Equity Bring Reason and Conscience with you the good stock of Nature and the thing is done Aequitas optimo cuique notissima est is a trivial Saying A very good man cannot be ignorant of Equity And who knows not that extreme Right is extream Injury But they that look no further then so are short-sighted For there is no strein of Wisdom more sublime then upon all Complaints to measure the just distance between Law and Equity because in this high Place it is not Equity at Lust and Pleasure that is moved for but Equity according to Decrees and Precedents foregoing as the Dew-beaters have trod the way for those that come after them What was more Absolute then the Power of the Pretorian Courts in Rome Yet they were confined by the Cornelian Law to give Sentence Ex edictis perpetuis to come as near as might be to the Perpetual Edicts of former Pretors And wherefore Of that Budaeus informs us Ne juris dicendi ratio arburaria praetoribus esset pro eorum libidine subinde mutabilis In Pandec p. 205. To keep Justice to cert●in and stable Rules for every man will more readily know how to find his own when he trusts to that Light which burns constantly in one Socket This is to keep the Keeper from Extravagancies of his own Fancies and Affections and to hold him really to Conscience and Conscience as it is in Queen Elizabeth's Motto is Semper ead●m It is ever the same No all this doth adorn and amplisie the great Wisdom of the Dean that being made the Pilot in the chief Ship of the Political Navy a Pilot that had never been a Mariner in any Service of that Vessel before yet in all Causes that ever he heard he never made an improsperous Voyage For from his first setting forth to his last Expedition the most Envious did never upbraid him with Weakness or scantiness of Knowledge Neither King James King Charles nor any Parliament which gave due Hearing to the frowardness of some Complaints did ever appoint that any of his Orders should be retexed Which is not a Pillar of Honour but a Pyramid Fulgentius hath Recorded the like upon the Wonder of his Age Father Paul of Venice that being Provincial of his Order and hearing many Causes none of the Judgments that he gave which were innumerable were ever Repealed upon Instance made to higher Judgment Neither do I find that any of his Fraternity did maunder that the Frier was a Strippling but 28 years old and therefore but a Novice to make a Provincial who is a Judge and a Ruler over his Fellows He had better Luck in that then our Dean who was 39 years old when he atchieved this

and Decrees of my Predecessors I would be loth to succeed any man as Metellus did Caius Verres Cuius omnia erant ejusmodi ut totam Verris Praeturam retexere videretur Whose Carriage saith Tully was a meer Penclopes Web and untwisting of all the Acts of Verres ' s Pretorship Upon New matter I cannot avoid the re-viewing of a Cause but I will ever expect the forbearing of Persons so as the Ashes of the Dead may be hereafter spared and the Dust of the Living no further Raked Fourthly I will be as cautelous as I can in referring of Causes which I hold of the same Nature of a By-way Motion For one Reference that Spurs on a Cause there are ten that bridle it in and hold it from hearing This is that which Bias calls the backward forwarding of a Cause for as the Historian speaks Quod procedere non potest recedit Fifthly I profess before hand this Court shall be no Sanctuary for Undiscreet and Desperate Sureties It is a Ground of the Common Law That a man shall make no Advantage of his own Follies and Laches When the Mony is to be borrowed the Surety is the first in the Intention and therefore if it be not paid let him a God's Name be the first in Execution Lastly I will follow the Rules of this Court in all Circumstances as near as I can And considering that as Pliny speaks Stultissimum est adimitandum non optima quaeque proponere It were a great Folly to make Choice of any other then the very best for Imitation I will propound my Old Master for my Pattern and Precedent in all things Beseeching Almighty God so to direct me That while I hold this place I may follow him by a True and Constant imitation And if I prove Unfit and Unable for the same That I may not play the Mountebank so in this Place as to Abuse the King and the State but follow the same most Worthy Lord in his Chearful and Voluntary Resignation Sic mihi contingat vivere sicque mori 88. This he deliver'd thus much and I took Councel with my self not to Abbreviate it For it is so Compact and Pithy That he that likes a little must like it all Plutarch gives a Rule for Sanity to him that Eats a Tortoise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eat it up all or not a whit for a Modicum will Gripe the Belly He that fills himself with a great deal shall procure a Cleansing Evacuation So the Speech of a Great Orator is Instructive when it is entire Pinch it in with an Epitome you mangle the meaning and avile the Eloquence From Words he fell to Practise Industry I think was his Recreation for certain he had not a drop of Lazy Blood in his Veins He fill'd up every hour of the Day and a good part of the Night with the dispatch of some public and necessary business And though as a Counsellor of State and both as a Peer and Speaker in Parliament he had many diversions yet none of the work in Chancery was diminish'd which Attendance grew so light and familiar to him that in a little while it seem'd to be no more a burthen to him then the Water is to the Fishes under which they Swim He would not excuse himself a day for any the most lawful pretence he would not impart himself to the star-Star-Chamber or Parliament when it sate before he had spent two hours or more among the Pleaders Two or three Afternoons he Allotted every Week to hear Peremptories By which unequall'd diligence commonly he dispatch'd five or six Causes in a morning according to the quality or measure of the Points that came to be debated He did not only labour Six Days but as it follows in the Commandment He did all that he had to do For of all the Causes that were usually set down for hearing he never left any of them unheard at the End of the Term which was both an especial Ease and Comfort to the Subject and a full Testimony of his labour and ability to expedite so many Knotty and Spacious Causes that came before him in as little time as the Clients could expect The Survey of an whole year will give better satisfaction then every Term a part by it self Whereupon he Writes thus to the Lord Marquess July 10. 1622. In this Place I have now serv'd His Majesty one whole Year diligently and honestly But to my Hearts Grief by Reason of my Rawness and Inexperience very unprofitably Yet if his Majesty will Examine the Reg●ers there will be found more Causes finally Ended this one Year then in all the Seven Years preceding How well ended I confess ingeniously I know not His Majesty and your Lordship who no doubt have Received some Complaints though in your Love 〈…〉 from me are in that the most competent Judges A Testimony of Great Labour and not more Copious then Clear For the Registry could not I ye Thus Joseph in his faithful Service under King Pharaoh gather'd in as much in one Year as was wont to be Reap'd in Seven And truly it becomes him that he was not confident but mistrustful of himself least some Waspish and Vexatious men had attempted to lay open some Errors to his Superiors which should escape him in fixing so many Planetary Causes But there was I had almost said none Yet then I had forgotten Sir John Bourcher who complain'd to both Houses of Parliament that his matters in debate were for ever shut up in a Decree before his Counsel was ready having some Allegations which expected more time to be Ripen'd still more time The business of this Knight was Arbitrated with consent by the Chief Baron Jac. 7. That Arbitration he would not stand to It was Decreed in full hearing by the Lord Elsmore Jac. 10. This did not please him Yet it was Order'd to the same Effect by the Lord Bacon Jac. 17. And after this the same Decree was confirm'd by the Lord William's Jac. 19. Having the consent of Justice Hutton Justice Chamberlain and the Master of the Rolls with an hundred Pounds advantage more then was given him before And was not this Suit come to Adultage for Tryal after Seventeen Years Vexation in it first and last If a Suitor shall have Power to define when his Cause is sufficiently heard a Fidler would not undertake the Office of a Judge Sir John durst not have presum'd to this Boldness but that he was encourag'd by his Father-in-Law the Lord Sheffeild who was a Scholar a Judicious Lord and of great Experience that knew well enough the Futility of this Appeal for it was discharg'd with a general Rebuke But the Spirits usually beat with an un even Pulse when they stirr too much in pity to our own Relations 89. Some others there were I yet remember it of the coarsest Retainers to Court who liv'd by picking up Crumbs that fell from Stale Bread these Whisper'd their Discontents that Causes

Choler in his Complexion Yet that it could not appear but that the Marriage on King Philip's part was very sincerely meant in all the Treaty most clearly when his Highness took his Farewell most openly since his Departure Wherein the Earl of Bristol had much wronged that great Monarch giving him a Bastle insupportable For when the Power of Revocation or rather Repression of the Proxy was peremptorily in his Lordship's hand he did not acquaint the King of Spain to stop him from erecting a Gallery turned by the Earl's Negligence into a Gullery in the open Streets covered with the richest Tapestry and set forth with all other Circumstances of Wealth and State to conduct the Infanta in open View and with most magnificent Solemnity to the Deposorios when by the Instruments and Commissions the Earl had lately received he knew these augustious Preparations would be ridiculously disappointed which was a Despight that a Gentleman not to say an Embassador should have prevented For the Disgrace was so far blown abroad with Derision that it was the News of Gazette's over all Europe The Intention of that Nation to give the Infanta in Marriage to the Prince being not controverted Yet his Highness protesting on his part that he was free unless the Palatinate were surrendred they were all satisfy'd with it his Word was Justice to them and that which was in his own Breast must alone direct him how to use his Freedom This Question dispatched was upon a blown Rose the next was upon a Bramble The Lord Duke was so zealous say it was for the Palsgrave's Sake that he voted the King of Spain to be desied with open War till amends were made to the illustrious Prince Elector for the Wrongs he sustained The Lords appointed for the Conference that apprehended it otherwise were the Keeper Treasurer Duke of Richmond Marquess Hamilton Earl of Arund●l Lord Carow Lord Belfast who could not say that the King of Spain had done the part of a Friend for the Recovery of the Palatinate as he had profess'd nor yet could they find that he had acted the Part of an Enemy declaredly as was objected Their Judgment was the Girts of Peace were slack but not broken This is couched in the Admonitions of an Ignote unto King James Cab. p. 278. The Conference or Treaty about the Palatinate was taken from the Council of State a Society of most prudent Men only for this Cause that almost every one of them had with one Consent approved the Propositions of the most Catholick King and did not find in it any Cause of dissolving the Treaty And a little beneath The Duke fled from the Council of State and disclaimed it for a Parliament by way of an Appeal Most true that scarce any in all the Consulto did vote to my Lord Duke's Satissaction which made him rise up and chase against them from Room to Room as a Hen that hath lost her Brood and clucks up and down when she hath none to follow her The next time he saw the Lord Belfast he asked him with Disdain Are you turned too and so flung from him Cab. p. 243. To which the Lord Belfast answered honestly in a short Letter That he would conform himself in all things to the Will and good Pleasure of the King his Master The greatest Grudge was against the Lord Keeper who seldom spake but all Opinions ran into his one as they did at this time and the Duke presumed that his Sentence should never vary from his own Mind An hard Injunction and all the Favour on Earth is too dear to be bought at such a Price But he declared that he saw no Expediency for War upon the Grounds communicated For upon whom should we fall says he either upon the Emperor or the King of Spain The Emperor had in a fort offered our King his Son-in-Law's Country again for a great Sum in Recompence of Disbursments but where was the Money to be had Yet it might be cheaper bought than conquered before a War were ended For the King of Spain he saw no Cause to assault him with Arms He had held us indeed in a long Treaty to our Loss but he held nothing from us and was more likely to continue the State of things in a possibility of Accommodation because he disliked the Duke of Bavaria's Ambition and had rather stop the Enlargement of his Territories The King was glad that some maintained his Judgment and would not consent wantonly to raise him from the Down Bed of his long admired Peace Neither did he refrain to speak very hardly of that Servant whom he loved best that agitated to compel him to draw the Sword one of the great Plagues of God His Censure upon him was bitter Cab. P. 92. but fit to be cast over-board in silence 176. A King of Peace is not only sittest to build Temples but is the Temple of God Such a one doth foresee how long how far how dangerously the Fire of War will burn before he put a Torch to kindle it And as every Bishop ought to have a care of the Universal Church so every King ought to have a care of all Humane Society It is not such a thing to raise War in these Days as it was in Abraham's Muster his Servants in one Day and rescue Lot from his Enemies the next Nor such as it was with the old Romans make a Summers La●rt in Vit. before he laid down his Office The Charge in our Age which usually for many Years doth oppress the People will hardly countervail if GOD should send it the Gladness of a Victory Nor is all fear over when a War is ended But as Solon says Lacrt. in Vit. Great Commanders when they have done their Work abroad and are return'd with Honour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do more Mischief by their Factions to their Country than they did against their Enemies And whosever scape well the poor Church is like to suffer two ways First as Camden says Eliz. Ann. 1583. Schismatica pravitas semper bello ardente maxime luxuriat Schismatical Pravity will grow up under the Licentiousness of War Some profane Buff-Coats will Authorize such Incendiaries Secondly For some Hundreds of Years by-past in Christendom I cannot find but where Wars have been protracted the Churchman's Revenue hath been in danger to pay the Soldiers If this affect not those that will not think that there is such a Sin as Sacrilege yet all acknowledge that there is such a Virtue as Humane Compassion Then they that would awake drouzy Peace as they call it with the Noise of the Drum and the prancing of Horses in the Street let them before they design their War describe before their Consciences the heaps of slaughter'd Carkasses which will come after That the Land which is before t●en sha●I look like the Garden of the Lord and that which is behind them like Burning and Brimstone For all this will they tempt God and be the Foes of

strong and violent Machination in hand which had turn'd the Prince a most Obedient Son before to a quite contrary Course to his Majesties Intentions Thirdly That the Counsel began last Summer at Madrid but was lately ripen'd and resolv'd in England to restrain his Majesty from the Exercise of the Government of his three Kingdoms and that the Prince and the Duke had design'd such Commissioners under themselves as should intend great Affairs and the Publick Good Fourthly That this should be effected by beginning of a War and keeping some Troops and Companies on Foot in this Land whereby to constrein His Majesty to yield to any thing chiefly being brought into Streits for want of Monies to pay Souldiers Fifthly That the Prince and Duke inclosing his Majesty from the said Embassador and other of his own Loyal People that they might not come near him in private did Argue in them a fear and distrust of a good Conscience Sixthly That the Emissaries of the Duke had brought his Majesty into Contempt with the Potent Men of the Realm traducing him for slothful and unactive for addiction to an inglorious Peace while the inheritance of his Daughter and her Children are in the Hands of his Foes and that this appear'd by a Letter which the Duke had writ into Holland and they had intercepted Seventhly That his Majesties Honour Nay his Crown and Safety did depend upon a sudden Dissolution of the Parliament Eighthly They Loaded the Duke with sundry misdemeanors in Spain and his violent Opposition of the Match Ninthly That the Duke had divulged the King's Secrets and the close Designs between his Majesty and their Master K. Philip about the States of Holland and their Provinces and labour'd to put his Majesty out of the good Opinion of the Hollanders Tenthly That the Duke was guilty of most corrupt dealing with the Embassadors of divers Princes Eleventhly That all things were carried on in the Parliament with a headlong Violence and that the Duke was the Cause of it who courted them only that were of troubled Humours Twelfthly That such Bitterness and Ignominies were vented against the King of Spain in Parliament as was utterly against all good Manners and the Honour of the English Nation Thirteenthly Is a flat Contradiction to the Precedents wherein they made the Prince privy to dangerous things yet in this they say That the Puritans of whom the Duke was Head did wish they could bring it about that the Succession of the Kingdom might come to the Prince Palatine and his Children in Right of the Lady Elizabeth Thus lay the Notes of the Lord Keeper This is the Dirt which the Swallows or rather unclean Birds pickt up and made their Nest of it And this is not all But that which remains shall be burnt in the Fire Latere semper patere quod latuit diu Saepè eruentis veritas patuit malo Senec. in Aedipo In a Postscript the Paper prayed the King That Don Francisco Carondelet Secretary to Marquess Inoiosa might be brought to the King when the Prince and Duke were sitting in the Upper House to satisfie such doubts as the King might Raise which was perform'd by the Earl of Kelly who watch'd a fit Season for Francisco at one time and for Padre Maestro the Jesuit at another time who told their Errand so spitefully that the King was much troubled at their Relations 202. He that says U. Sanderson P. 562. that not a day past but that he was present and acquainted with all the Transaction of these pernicious Delators to the end should have said he knew it at the end when the Monster was brought to light then his History indeed will justifie it self that it did not startle the King But his Majesty's Sorrow increased while it was smothered and Fear set in apace till a wise Remonstrance resisted it And it was no Wonder that he was abused a while and dim sighted with a Character of Jealousie For the Parliament was about to land him in a new World to begin and maintain a War who thought that scarce any Mischief was so great as was worth a War to mend it Wherein the Prince did deviate from him as likewise in Affection to the Spanish Alliance but otherwise promised nothing but Sweetness and Obedience He stuck at the Duke most of all whom he defended in part to one of the Spanish Ministers yet at the same time complained that he had noted a turbulent Spirit in him of late and knew not how to mitigate it Thus casting up the Sum he doubted it might come to his own Turn to pay the Reckoning The Setters on expected that their Pill could not choose but have a most violent Operation And it wrought so far that his Majesty's Countenance fell suddenly that he mused much in Silence that he entertained the Prince and Duke with mystical and broken Speeches From whence they gathered all was not right and questing for Intelligence they both heard that the Spanish Secretary and the Jesuit Maestro had been with him and understood that some in the Ambassador's House had vaunted that they had netled the Duke and that a Train would take Fire shortly to blow up the Parliament While his Majesty was gnawn with this Perplexity he prepared for Windsor to shift Ground for some better Ease in this Unrest and took Coach at St. James's-House-Gate in the end of April being Saterday Afternoon He received his Son into the Coach and sound a slight Errand to leave Buckingham behind as he was putting his Foot in the Boot which brought Tears from him and an humble Prayer that his Majesty would let him know what could be laid to his Charge to offend so gracious a Master and vowed it by the Name of his Saviour to purge it or confess it The King did not satisfie him in it it seems the time of Detection in his deep Judgment was not come and he had charged all that were privy to the Occasion to be very secret Cab. P. 77. But he breathed out this Disgust That he was the Unhappiest alive to be forsaken of them that were dearest to him which was uttered and received with Tears from his own Eyes as well as the Prince's and Duke's whom he left behind and made hast with his Son for Windsor The Lord Keeper spared not for Cost to purchase the most certain Intelligence of those that were his feed Pensioners of every hours Occurrencies at Court and was wont to say That no man could be a Statesman without a great deal of Money Of this which had hapned his Scout related presently what he could see for he heard little Which News were no sooner brought but he sought out the Duke at Wallingford-House and had much ado to be admitted to him in his sad Retirement Whom he found laid upon a Couch in that immoveable Posture that he would neither rise up nor speak though he was invited to it twice or thrice by courteous Questions The Lord Keeper

true Religion Et pater Aeneas avunculus excitat Hector Lastly for his great delivery by Sea and Land which so filled our Mouths with Laughter and our Tongues with Joy it shew'd him betimes a Child of King James and withal a Child of God and being so Nolite tangere no Evil might touch him As God was with Moses so he was and will be with him non deseret aut derelinquet he will never fail him nor forsake him To the which Prayer all we his representative Kingdom will never fail to say Amen 12. What you said of the true Religion is most apparently true that it hath been very piously charged upon our King and hitherto full of Blessings upon our Kingdom For the first his Majesty well remembers what I ill forgot in another occasion that the last Blessing of all his Father gave him and I think upon a Motion of mine was with a Recommendation of his Religion and of his People to his special Care Love and Protection And I nothing doubt but that Blessing shall so bless him that he shall see Jerusalem in Prosperity all his Life long And for the effect of our Religion it hath hitherto produced in this Kingdom a very Kingdom of Heaven not only after this Life but even in this Life for the space of sixty Seven Years wherein it hath been most constantly professed All that time Peace hath been within our Walls and plenteousness within our Palaces Non fecit sic omni nationi God hath not dealt so with many nor with any Nation in Europe that I know or read of Sixthly what you recommended to the King concerning the Laws of the Land the King hath already in private and doth now in publick recommend to his Judges and by them to the Professors and Students of the Laws to wit that they would spend their time as their Fore-fathers did in the ancient Common-Laws of the Kingdom and not altogether as the Complaint hath been of late in Statutes new Cases and modern Abridgments In the former Studies you meet with Reason created by God in the latter with Opinion only invented by Men. Here you find peradventure some strong Conclusions but upon weak Grounds and Premises there you learn strong Premises that can never produce a weak Conclusion In a word to borrow the Simile of St. Basil there like Ulysses you Court Penelope herself here like the foolish Wooers but her Hand-maids only Seventhly that just Resentment you express of the Dishonour of our Nation in that hostile Acquisition and Detension of the Palatinate you cannot imagine Mr. Speaker how much it contents his most Excellent Majesty Now he finds indeed his People to be lively Members of this Politick Body because they sympathize so seelingly with the grievous Pains and Troubles of their Head And surely he is no true Part but an Excrescency or dead Flesh upon the outside of the State that is not sensible of his Majesty's Sufferings in those Affairs God forbid against all these Professions this Kingdom should prove to a People so allied either a Meroz as you term it for Inhumanity or an Aegypt for Infidelity or a whit inferior to Caesar himself to aid and relieve them You heard the full Measure of the King's Resolution the last day Ire oportet vivere non oportet He doth not desire to live otherwise than in Glory and Reputation And so he cannot live you know it well enough till somewhat be vigorously effected in that great business of the Palatinate Eightly for the abandoning of those Sons of Bichri the Priest and Jesuits his Majesty returns you this Answer As he doth approve your Zeal and Devotion herein and acknowledgeth that of St. Ambrose to be true Quod in religionem committitur in omnium vertitur injuriam that the meanest Subject in this Kingdom hath a great right and Interest in the Religion so being appointed by and under God Custos utriusque tabulae the Guardian and Keeper of both the Tables he desires you to trust him whose Zeal was never yet questioned or suspected with the ways and means to propagate the same Yet in this Petition of yours his most Excellent Majesty doth absolutely grant the Effect and the Matter that is to be most careful of our Religion or which you more desire to improve and better the Form and Manner But as St. Austin saith of God himself Non tribuit aliquando quod volumus ut quod malimus attribuat Lastly for your four ordinary Petitions for Immunity of Persons liberty of Speech readiness of Access benign Interpretation his most Excellent Majesty grants them all and will have them limited by no other bounds than your own Wisdom Modesty and good Discrietion So his Majesty bids God Speed the Plow 13. I look upon him that spake so well for the King two days together as Antiquarius did upon the L. Picus Mirandula Ratio oratio cum ipso ex côdem utero natae videantur Ep. 279. Here 's strong Mettle and a keen Edge able to cleave the hardest Knot Here 's Reason to convince Judgment with store of Eloquence to delight the Affections Which could not be past over without this censure for it is an ill thrift to be parsimonious in the praise of that which is very good The King reposed much upon the Success of this Meeting because his Mind was so well deliver'd and so strongly put on The Cause of the War was made the Kingdoms The Counsel that began it was the Parliaments and were they not bound to find the Succours As our Poet Mr. Johnson says upon Prince Henry's Barriers He doth but scourge himself his Sword that draws Without a Purse a Counsel and a Cause But the Registers of all Ages I believe will not shew a Man in whom Vertue was more perpetually unfortunate than in this King The Influence of those ill Stars that reigned over all his Reign began thus soon The Parliament was told as if a Dictator had been nominated for this War that all must be consulted and executed together that the present Sacrifice must be eaten in haste like the Lord's first Passover for in that juncture slow help was no help Yet in five Weeks so long they sat at Westminster there was not an Arrow to any purpose shot towards that Mark. These were they that thrust his Majesty upon a War to the mortifying of his Father's part and now his Enemies were awak'd with the Alarum they let him shift for himself Being told enough that there must be Gold as well as Iron to play this Game and that a good Purse made a good Army they gave him such discouragement that they dropt no more than two Mites into the Corban An incredible disproportion between what was found and what was lookt for and suitable to a Passage in an Italian Comedy where a Guest complains of his ill Entertainment at a Miser's Table that there was not enough to make a good Supper nor scarce

into the bottom of the Sea and fetch up Sponges so The Righteous shall hold on his way and he that hath clean hands shall be stronger and stronger Job 17.9 68. Neither did it deject the Bishop to be made a Gazing-stock by Disparagements The King's Coronation and his second Parliament began together at Candlemas and he was warned by Letter to serve at neither A Coronation being usually accompanied with a General Pardon should have cast a Frown upon none Yet his Place was not granted him to do his Homage among the Spiritual Lords nor to assist the Archbishop at the Sacred Parts of that high Solemnity as Dean of Westminster It is arbitrary and at the King's Pleasure to range that Royal Ceremony as he likes best to follow former Presidents or wave them to intrust what Ministers he likes in the Management except some Tenure or old Charter give admittance to some persons without exception Otherwise in the very principal performance says venerable Saravia De Christ Obed. p. 139. Ab Episcopo traditur corona quod potest furi à proceribus But the Dean of the Collegiate Church of Westminster did attend as a specal Officer at the Coronation of K. James after the manner of Deacon to the Archbishop of Canterbury it was Dr. Andrews which could not be granted him by Prescription for there was no Dean nor any such Dignity in the Church at the Coronation of Q. Elizabeth But upon the new Foundation Anno 3. of that Queen the Dean was intrusted with the Custody of K. Edward's Crown and the other Regalia and Decorum was kept thereupon to give him a great Employment of Assistance on that day Yet the Regalia were kept in a strong place of that Church long before For I find in Baron anno 1060. par II. That Pope Nicholas the Second gave a Charter to that Abby Ut sit repositorium regalium insignium What a busie Fisher was this that would have an Oar or a Net rather in every Boat Could not the Kings of England without him appoint the fittest place for the Custody of the Ornaments of their Imperial Majesties He that was so kind to dispose who should keep the Crown did mean That the King should not wear it without his Leave and Courtesie And let it be his Fault to be impertinent and to meddle with the keeping of Royal Treasure that did not concern him What is their Crime that have carried them quite away both Crown and Scepter and Robes from their ancient Sacrary I would that had been all This was wont to be the Mark of him that opposeth and exalts himself above all that is called GOD Dixi Dii est is 2 Thess 2.4 But what 's the matter that I have almost lost my self in this Loss I was about to tell that Bishop Williams must not wait in the Honourable Place of the Dean at the Coronation but in a Complement he was sent to Name one of the Twelve Prebendaries to serve in his room This was devised to fret him and to catch a Wasp in a Water-trap Bishop Laud was a Prebendary at this time and the Substitute intended at Court to act in the Coronation If Lincoln should Name him he had been laugh'd at for preferring the man that thrust himself by And if he did not Name him and no other he had been check'd for inscribing one of a lesser Order in the Church before a Bishop to so great a Service But his Wit saved him from either Inconvenience He sent the Names of his Twelve Brethren to the King resigning it up to His Majesty to elect whom he pleased A Submission which Climacus would call Sepulchrum voluntatis a dead Obedience without a sensible Concurrence And he stirred no more either by Challenge or Petition to do that eminent Office of the Deanery in his own Person but says in his Letter to the King That he submitted to that Sequestration for so he calls it It is wise to sit down when a man can trouble no Body but himself if he moves Especially I affect the Lesson which Erasmus gives in an Epistle p. 222. Pulchrius est aliquando modestia quam cansâ superare It is handsomer sometimes to excel in Modesty than to win a Cause 69. Other Reasons sway'd this circumspect man to carry it with no such Indifferency that he was not called to the Parliament But to do Honour to the King and to save his own Right nay the common Right of Peers he took a middle way between Crouching and Contumacy He call'd it His Majesty's Gracious Pleasure and was in earnest that he esteem'd it so to spare his Presence at the Parliament but he expostulated to have a Writ of Summons denied to no Prisoners no nor condemned Peers in the late Reign of his blessed Father Cab. p. 118. that accordingly he might make a Proxy which he could not do the Writ not receiv'd And he struggled till he had it in his own way and entrusted it with the Lord Andrews Bishop of Winchester it being the last Parliament wherein that famous Servant of God sate and the last year of his Life But the Mr. W. Sanders tells us p. 143. of his Annals of King Charles That Lincoln at this time continued not a Peer but a Prelate in Parliament Res memoranda novis Annalibus atque recenti historiâ Juven Sat. 2. This is a pitiful matter for what Bishop of Lincoln could be a Prelate in those days and not a Peer Is it his meaning that he did not sit among the Peers Nor did he sit among the Prelates in Convocation but by Proxy he sate in both places as Peer and Prelate A Letter sent from him to the King and dated March 12. will clear this matter and greater things or else it had not been publish'd 'T is large and confident searing the Duke's Greatness no more than the Statuary Work of a vast Colossus But as Portius Latro says in Sallust Gravissimi sunt morsus irritatae necessitat is 'T is no marvel if Necessity break good Manners which will break through Stone Walls says the Proverb And much Provocations attends not much whom it displeaseth The Letter follows Most Mighty and Dread Soveraign IT becometh me of all the rest of your Subjects having been so infinitely obliged to Your Majesty to cast my self down at your Feet and oppose no Interpretation Your Majesty shall be pleased to make of any of my Actions whatsoever Howbeit before the receipt of my Lord Keeper's Letter that I had carried my absence from the Parliament with as much Humility and Respect to Your Majesty as ever Subject of England did towards his Soveraign The delivery of my Proxy to the first Bishop Your Majesty named I excused mannerly to Your Majesty but with a private Reason to my Lord Keeper not to be replied against The second Lord Bishop is directly uncapable of that part of my Proxy which concerneth the House of Convocation These two Lords now named

long sought and now the Words which past between the King and him in Conference were the Seed of all his Troubles in the Star-Chamber for the King conjuring him to deliver his Opinion how he might win the Love of the Commons and be popular among them the Bishop answered readily That the Puritans were many and main Sticklers if His Majesty would please to direct his Ministers by his secret Appointment to shew some Connivance and Indulgence to their Party he might possibly mollifie them and bend their Stubbornness though he did not promise that they would be trusty very long to any Government The King said He must needs like the Counsel for he had thought of it before and would use it Two months after the Bishop regulated his own Courts at Leicester with some such Condescentions and told Sir J. Lamb and Dr. Sibthorp the reason that it was not only his own but the Royal Pleasure These two Pick-thanks carried these words to Bishop Laud and he to the King being then at Bisham The Resolution was That upon the Depositions of these two no Saints in my Almanack a Bill should be drawn up in the star-Star-chamber against the Bishop for revealing the King's Counsels being a sworn Counsellor But that he was sentenc'd because his Tongue betrayed him into Speeches that entrencht upon Loyalty as the Historian H. L. says p. 152. upon whose Trust W. S. writes the same is utterly mistaken upon the word of Holy Faith and let all Ear-witnesses of the Cause and Eye-witnesses of the Records judge between us Nor do I say that the Bill of disclosing the King's Counsels held Water for it was laid aside There the Troubles began and did run through Motions Meanders and Alterations till ending at last in tampering with Witnesses as will be shewn in due place 80. To make this seem a Jubilee to our Bishop wherein all Bonds of Malevolence should be cancell'd he had a very courteous Interview with the L. Duke nothing of Unkindness repeated between them his Grace had the Bishop's Consent with a little asking that he would be his Grace's faithful Servant in the next Session of Parliament and was allow'd to hold up a seeming Enmity and his own Popular Estimation that he might the sooner do the Work Blessed be God that they parted then in perfect Charity for they never met again the horrid Assassine J. Felton frustrated whatever might have followed a mean despicable unsuspected Enemy Sed nihil tam firmum est cui non sit periculum ab invalido says Curtius lib. 7. What Strength is there in a Cedar since every weak Arm can cut it down And though I am perswaded none but the Devil and this melancholy Miscreant were in the Plot yet in foro Dei many were guilty of this Blood that rejoiced it was spilt Tully confest of himself that he was as much a Murderer of Caesar as Brutus and Cassius 2 Philip. Quid interest utrum voluerim fieri an gaudeam factum So did God see that Thousands were guilty of this Sin which made the whole Land Nocent for the violent death of an Innocent for every one is innocent in right of his Life till the Law hath tryed him Felton's Impulsive was impious from the allegation of the late Remonstrance that the Duke was the principal cause of our Evils and Dangers As the Commons had no power to take his life away so they never intended it but to remove him from the King if it were possible I will be bold to censure the Romans that many things were uncivil in their Laws barbarous in their Valour and odious in their Justice Let this be the Instance out of Budaeus lib. 2. Pandec c. 28. Si quis eum qui plebiscito sacer sit occiderit homicida non est As if every man had the power of a Magistrate to cut off him whom the People had devoved A Maxim for the Sons of Cadmus or for the Sons of Romulus not for the Sons of God Be they Jesuites Anabaptists or of whatsoever Race of new Zealots they have not learnt so much good Divinity as is in Aristotle 3 Erh. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 No Pretence can justifie Manslaughter no End or Intention can excuse it Was it so lately enacted in Parliament that no Freeman should be imprison'd without due course of Law and did Hell break loose at the other end to make it meritorious or popular to kill without Law For such another Outrage had pass'd but two months before upon the Body of one Lamb in the day-light and in the Skirts of the City beaten cruelly to Death by a scum of Vagabonds being no Conjurer for certain though the Fry fell upon him for that suspicion but a notorious Impostor a Fortune-teller and an employ'd Bawd two Qualities that commonly make up one pair of Scissors to cut Purses as was evident by his Books Papers Schemes Pictures Figures Glasses the Utensils of his Trade found in his Lodgings near the Horse-ferry in Westminster But that he was a Creature of the Duke's and commended to him by Bishop Williams the Historian is strangely out again It is possible an Ear-dropper might hear such things talk'd at Cock-pits and Dancing-schools miserable Intelligence to thrust into an History This Lamb living in the Verge of the Deanry was once admitted to speak with this Bishop and as soon as he began to impeach some of the Bishop's Acquaintance for Falshood he was bidden be gone for a meddling Knave and a Sower of Dissentions and had Warning to come near him no more And for the Duke his domestick Creatures have avowed to me that Lamb was so little their Lord's Creature that they were ready to take an Oath of Credulity that the Duke never saw him I would all the Tales that got his Grace Ill will had been as false as this That which did undo him was chiefly that which made him the immoderate Favour of two Kings and not moderately used as many a Ship is lost that 's overset with too much Sail. After Thirteen years triumphing in Grace and Gallantry one Stab dispatch'd him So Symmachus speaks of the sad Catastrophe of such a mighty man Fortunae diu lenocinantis perfidus finis quem ultimâ sui parte ut scorpius percussit lib. 2. ep 13. Great Felicities not seldom go out suddenly in a Flash like a Silk-worm that dyes in three months after it is quicken'd God would have us look after better things when we behold the sudden and prodigious Eclipses of Human Glory and brought to pass like Buckingham's by vile and wicked Instruments A foreign Writer gives very hard words to our whole Nation upon it that we are savage and frentick in our Fury And will he say as ill of the Kingdom of Israel for Joab's sake that murder'd Abner It might be replied to him That the Loyalty of his Nation is besmeared with the Blood of two Kings of France deadly wounded with a Knife But that we have

Francorum ac Saliorum quamplurimae pro cujusque statu ac conditione poenae infliguntur Quin barbarissimi Indi qui ad occasum positi sunt cum de sceleribus conviclum nobilem ac plebeium tenerent nobili capillos aut brachialia truncabant plebeio nares auriculas praecidebant But I said that after the Censure of the forenamed Causes and that of this Bishop all much against the popular Judgment many great men did presage and the Commonalty did wish the extinction of that noble Court and it was overthrown by Vote in the first five months of the Long Parliament before the King had carried away his most considerable Friends to York This is the condition of mortal things says Pliny Ut à necessariis primùm cuncta venerint ad nimium Nat. Hist l. 26. Many Tribunals were of necessary institution at first and of necessary destruction when they run into Excess Indeed it is not the primitive Court that is pulled down but another when it waxeth quite unlike it self Non est eadem harmonia ubi è Phrygio in Doricum transit says Aristotle 5 Pol. The Musick is not the same which is altered from a shrill to a grave Note Yet better terms I hope may set it up in a better Constitution A Pot that boils over may be taken from the Fire and set on again Howsoever I am not so bold with holy Providences to determine why God caused or permitted this great Court to be shut up like an unclean place or why Divine Judgment was so severe against their persons especially that inflamed the Censure against our Bishop But I will cover his Case with St. Austin's Eloquence touching the Doom pass'd upon St. Cyprian Alia est Sella terrena aut Stella terrena aliud tribunal coelorum ab inferiore accepit sententiam à superiore coronam Ps 36. Conc. 3. And certainly Christ doth feel the Injuries done to an Innocent who was sentenc'd by unrighteous Judgment 121. My Pen must not now go with the Bishop my good Master to his Lodgings in the Tower whither in my Person I resorted to him weekly and if I said daily a lesser Figure than an Hyperbole would salve it excepting when he was confined to close Imprisonment which was not wont but upon the Discoveries or Jealousies of dangerous Treasons The Christians that were committed by idolatrous Emperors were in liberâ custodiâ their Deacons and Relievers of their Wants might resort unto them I have the Authority of Photius for it Ep. 97. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They that put the Martyrs to death hindered not their Friends to come and administer unto them But Christian Magistrates should be more observant of that Clemency else the Praise which our Saviour gives to the Charitable would be prevented I was in prison and ye came unto me Mat. 25.36 He that hath no more than the freedom of a Prison much more he that hath not so much is in a strait Captivity The Rabbins have a Saying That if Sea were Ink and the World Parchment it would never serve enough to contain the praises of Liberty But so good a Disciple as I write of did not believe the Jews that there was so much sweetness as they dreamt of in any temporal Prosperity And finding that the People on this side Tweed and beyond were provoked to Discontents and more discontented than they were provoked and hearing Presages of ill to come both from the Judicious and from every Mechanick's Mouth things were so bad without-doors that he saw no reason but to think that Malice had withered him away into no unhappy Retirement Upon which subject he made some Latin Poems especially when he took no good Rest I am of opinion it was so with Job c 35.10 God my maker giveth Songs in the night and after the vulgar Latin Qui dedit carmina in nocte To which Moral Gregory says Carmen in nocte est felicitas in tribulatione With such Diversions our Job compounded with his Sorrows to pay them not the half he owed them And whatsoever Face thy Fate puts on shrink not nor start not but be always one as Laureat Johnson sings it in his Underwoods Briefly Imprisonment to him was no worse than it is to a Flower put into an Earthen Pot streightned for spreading but every whit as sweet as in the open Beds of the Garden Yet he wanted not Tentatious to break his Heart if God had not kept it He lookt for Mercy from His Majesty now he had pluckt him down after a long chase with a Censure Neque Caesari quicquam ex victoriis ejus laetius fuit quàm servasse Corvinum as Vellicus hath immortalized the memory of Caesar Whereas three new Bills were allowed to be entred against this Bishop as I shall relate when I come again into that rugged way which was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Photius calls Basilius's Usage an unspeakable pickling a man in the Brine of Misery He lookt for some of the Nobles to mediate for his Enlargement as there were not a few that did lend him help before while there was Hope that he might recover but Kings like not that any should pity them whom they have undone So there was not one Ebedmelech in the Court that would tye a few Rags together to draw Jeremiah out of Prison How few there be that will co-part with any in their ruin'd Fortunes Miserorum non secus ac desunctorum obliviscuntur Plin. Ep. lib. 9. which we may translate into English out of the Psalm 31.12 I am a fear to mine acquaintance I am forgotten as a dead man out of mind The same measure that David found in Jury Thuanus confesseth was to be seen in France Hist lib. 23. That among all that Diana Valentina had preferred when she was their King's Mistress Nemo unus repertus qui fortunam jacentis à suis relictae sublevaret With the same Neglect Velleius chargeth the Aegyptians when Pompey their great Benefactor fled unto them and was deserted Quis in adversis beneficiorum servat memoriam Aut quis ullam calamitosis deberi putat gratiam Even they whose Spiritual Father Paul was whom he had begotten at Rome in Christ's Gospel they all forsook him and none stood to him when he was convented 2 Tim. 4.16 Some few also of this bountiful Lord's Servants stood afar off now and came not near him They were so well provided under him that they did not need him and they were so heartless and timorous that he did not need them Hirundines Thebas quod i. lius moenia saepiùs capta sint negantur subire Plin. N. H. lib. 10. c. 24. Thebes was so often sackt and taken that no Swallows would nest within it a Summer-bird and a subtle that will endure Winter and hard Seasons with no body Yet to give his honest Followers their due the greatest part of them shrunk not but did their best Service that they could afford to their forlorn

a Belly-god From the first breaking out of the Plot against the Earl they committed him as a Traytor to the Black Rod who for any thing of Treason or like to Treason might go bare-fac'd through the World and never be asham'd For in the end of all long after his Commitment they had no proof towards that Crime but a Paper brought out of old Sir H. Vane's Cabinet by his naughty Son Crudelis pater est magis an puer improbus ille What were other Misdemeanors to Treason Sift any man that hath been long in a great Office and if his Enemies may be permitted to accuse him see if he can escape a black Bill which will found to his peril and disgrace amplified with the Rhetorick of Malice So Plutarch defends the gallant Roman Fabius Tò 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Not to offend at all in great matters is more than a man can do Let me speak of his Judges with reverence It was a Parliament which is more able to prepare Laws to pass where all are concern'd than to sit upon a Trial where one Subject is concern'd Wise and Weak have the same Right to Judge therefore Pliny the younger spared not to censure the Conscript-Fathers of the Roman Senate lib. 2. Ep. In publico concilio nihil est tam inaequale quam aequalitas quia cum sit impar prudentia par omnium jus est Those that are no Body when they are singled and stand alone must pass for Oracles when they vote with others in the House Like the Vanity of Astrologers as Salmasius taxeth them Chym. p. 795. Singula sidera vix pro numinibus habent Composita offigiata potentum numinum instar habere voluerunt The vertue of such and such a Star is not reckon'd in their Art but put it into a Constellation that Figure cast into a Globe of Stars they hold to be propitions in-flowing into the Life and Death of Men. There were some in this Parliament that out of their Birth and Education were carried to noble Attempts who would not concurr to the Ruin of great Wentworth but their Names were posted for it by Ruffians as Enemies to the State And this was never look'd into for a breach of Privilege An Indignity will never be forgotten till Truth hath left to breathe And it was to no purpose to reason it soberly with so violent Opposites Decernente ferocissimo quoque non sententiis sed clamore strepitu Liv. lib. 20. Their Blood was warmed with the greatness of their number and confidence in the People Beside says the rare Author in his Essay of Faction it is often seen that a few that are stiff will tire out a greater number that are more moderate What odds then was on their side that exceeded in quantity and stiffness Yet every thing that is stiff is not streight But here the bloody part were the Godly in their own Language they and no others All that came from them was pretended to be for Reformation and common Safety but as different in event as Numbers that are even and odd Hypocrisie dwells next door to Virtue but never comes into its Neighbor's House What Justice was that which was thrown by for ever which plaid its part so ill that the very Actors hiss'd it off the Stage and provided by their own Vote that it should be seen no more Quintil. lib. 7. hath this upon the Pleadings of his time Tot saeculis nullam repertam esse causam quae sit tota alterisimilis No Cause was ever pleaded that was the same with any that went before in all points and circumstances But how say you to this Cause when it was enacted by Statute That no Cause should be like it for the time to come Sir Rob. Dallington notes the Subtlety of the Pope in these words That he never challengeth a Power till he be able to maintain it no more did this High Court and then that he never approves a Mischief till it be done So did not this Court that would not approve their own Mischief when it was done They were not asham'd before and when they shed innocent Blood but after Quos cum nihil refert pudet ubi pudendum est deserit illos pudor Plaut in Bacch Finally no Evidence can have more light than this That they knew not how to make their Justice passable because before they began they found so many Knots and Scruples how to enter into a Trial. When they had resolved on a way the King would have crost them Discreet men were afraid lest Opposition should make them worse Lincoln is consulted approves the King's Zeal to use all expedient means to rescue his faithful Servant but thought it would do hurt to check what the Parliament had devised for a legal procedure He that seeks a thing the wrong way goes so far backward In all Contests of Power the King is ever thought to do wrong The King's Greatness made too much contemptible already must beware to take a foyl at this time Mary Queen of Scotland Mother to James the third who was deem'd worthy the Character of Livia the Empress Ulysses stolata Ulysses in a Petticoat Calig in Sueton. gave this Counfel to her Son on her Death-bed Suffer not your Prerogative to come in question but fore-seeing the danger rather give way to all that in reason is demanded of you Drum p. 79. With these Considerations the Bishop proceeds to deliver his Opinion as followeth to the Lords 143. The first Question which your Lordships have called upon me to resolve is Whether the House of Commons may examine some of the Members of their House before a Committee of your Lordships There is no question of the thing but of the time Regularly they ought not to do it yet but ought first to put in a Specifial Charge and the Reus or Defendant first be call'd to his Answer Then and not before Witnesses ought to be produced This is the regular Course If the Charge be not Specifial it may be demurred unto and need not be answer'd at all We have all this in the Acts of the Apostles cap. 25. Festus brought brought forth Paul to be examin'd before Agrippa that he might have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 v. 27. some certain matter to lay to his charge so as he might not slip away from it Therefore a general and uncertain matter will not serve the turn For otherwise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 v. 28. it seem'd to Festus void of all reason to send a Prisoner to Rome and no Charge go along with him They are call'd there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 particular Criminations This is the regular way before your Witnesses are used The star-Star-Chamber goes a little further beside the Rule For in the King's Cause upon Affidavit of Sickness to prevent Mortality and as it were de benè esse some Witnesses have been admitted to Examination before any Answer put in or Issue joyned Though these Witnesses were

Lay-Lords and consequently continued present in Judicature in the eye and construction of the Law Therefore I apply my Answers to Courtney's Protestation principally which are divers and fit to be weighed and ponder'd First I do observe that Bishops did never protest or withdraw in Causes of Blood but only under the unsteddy Reign of Richard the Second Never before nor after the time of that unfortunate King to this present Parliament for ought appears in Record or History And that one Swallow should make us such a Spring and one Omission should create a Law or Custom against so many Actions of the English Prelates under so many Kings before so many Kings and Queens after that young Prince seems to me a strange Doctrine especially when I consider that by the Rules of the Civil and Common Law a Protestation dies with the death of him that makes it or is regularly vacated and disannulled Per contrarium actum subsequentem protestationem by any one subsequent act varying from the tenour of the said Protestation Regul Juris Bap. Nicol. part 2. Now that you may know how the Prelates carried themselves in this point and actually voted in Causes of Treason and sometimes to Blood before Richard the Second I refer me to what I cited before out of Mr. Selden and he out of Stephanides concerning Becket condemned by his Peers Ecclesiastical and Temporal 15 H. 2. Archbishop Stratford acquitted of High Treason in Parliament by four Prelates four Earls and four Barons under Edward the Third Antiq. Britan. p. 223. There was 4 Ed. 3. Roger de Mortimer Berisford Travers and others adjudged Traitors by Bishops as well as other Peers 16 Ed. 3. Thomas de Berkely was acquitted of Treason in pleno Parliamento And especially I refer my self to Roll 21 Rich. 2. Num. 10. which averrs That Judgments and Ordinances in the time of that King's Progenitors had been avoided by the absence of the Clergy which makes the Commons there to pray that the Prelates would make a Procurator by whom they might in all Judgments of Blood be at the least legally if they durst not be bodily present in such Judicatures And for the practice since the Reign of Rich. II. be it observed that in the fifth of Hen IV. the Commons thank the Lords Spiritual and Temporal for their good and rightful Judgment in freeing the Earl of Northumberland from Treason 3 Hen. 5. The Commons pray a Confirmation of the Judgment given upon the E. of Cambridge by the Lords Spiritual and Temporal 5 H. 5. Sir J. Oldcastle is attainted of Treason and Heresie by the Lords Spiritual and Temporal 28 H. 6. The Duke of Suffolk is charged with Treason before the Lords Spiritual and Temporal 31 H. 6. The Earl of Devon in like sort and so down to the Earl of Bristol's Case 22 Maii 1626. ten Bishops are joyned with ten Earls and ten Barons in the disquisition and agitation of that supposed Treason I leave it therefore to any indifferent Judgment Whether these Protestations made all under one Kings Reign dying with the Parties that made them can void a Right and Custom grounded on a continual Practice to the contrary in all other Tryals that have been since the Conquest to this present Parliament 151. Secondly It is fitting we know the nature of a Protestation which some may mistake Protestatio est animi nostri declaratio juris acquirendi vel conservandi vel damnum depellendi causâ facta saith Spiegle Calvin and all the Civilians No Protestation is made by any man in his Wits to destroy his own Right and much less another mans but to acquire or preserve some Right or to avoid and put off some Wrong that was like to happen to the Party or Parties that make the Protestation As here in Courtney's Protestation the Prelates in the first place conceive a Right and Power they had voluntarily to absent themselves while some matters were treated of at that time in the House of Lords which by the Canon-Law the Breach whereof the Popes of Rome did vindicate in those times with far more Severity than they did the Transgressions of the Law of God they were not suffer'd to be present at not for want of Right to be there in all Causes but for fear of Papal Censures In the next place they did preserve their former Right as Peers which they still had though voluntarily absenting themselves More solito interessendi considerandi tyactandi ordinandi definiendi all things without exception acted and executed in that Parliament And in the last place they protest against any loss of right of being or voting in Parliament that could befall them for this voluntary absenting of themselves at this time And where in all this Protestation is there one word to prejudice their Successors or to authorize any Peer to command his fellow-Peer called thither by the same Writ of Summons that himself is and by more ancient Prescription to withdraw and go out from this Common-Council of the Kingdom Thirdly We do not certainly know what these matters were whereat Archbishop Courtney conceived the Prelates neither could nor ought to be present These matters are left in loose and general words in that Protestation Some conceive indeed it was at the Condemnation of Tressilian Brambre L. Beauchamp and others Ant. Brit. p. 286. But the Notes of Privileges belonging to the Lords collected by Mr. Selden do with more reason a great deal assign this going forth of the Prelates to be occasion'd by certain Appeals of Treason preferred in that Parliament by the Duke of Gloucester against Alexander Archbishop of York whom the Popish Canons of those Times as you know exempted as a sacred person from the cognizance of King or Parliament and therefore the rest of the Bishops as the Squares went then neither could nor ought to be present and Parties to break the Exemptions Immunities and Privileges of that great Prelate But the Earl of Strafford is not the Archbishop but the President of York and to challenge any such Exemptions and Immunities at this time from the cognizance of King and Parliament amounts to little less than Treason Therefore this Protestation is very unseasonably urged to thrust out any Protestant Prelate from voting in Parliament Lastly In the Civil and Canon-Law for the Law of this Land knoweth it not a Protestation is but a Testation or witnessing before-hand of a man 's own Mind or Opinion whereby they that protest provide to save and presorve their own Right for the time to come It concludes no more bende themselves no Stranger to the Act no Successor but if it be admitted sticks as inherent in the singular and individual person until either the Party dyes or the Protestation be drawn and revoked Therefore what is a Protestation made by Will. Courtney to Will. Laud Or by Tho. Arundel to bind Tho. Morton And what one Rule in the Common-Law of the Land in the Journa●-Books or

in the Records of the Tower can be produced to exclude the Lords Spiritual from sitting and voting in Causes of Blood Sometimes by the great Favour of the King Lords and Commons not otherwise they were permitted to absent themselves never before now commanded by the Lay-Lords to forbear their Votes in any Cause that was agitated in Parliament So our Law Books say That the Prelates by the Canon-Law may make a Procurator in Parliament when a Peer is to be tryed Which is enough to shew their Right thereunto This is to be seen 10 Edw. IV. f. 6. placit 17. And That it is only the Canon-Law that inhibits them to vote in Sanguinary Causes Stamford Pleas of the Crown f. 59. And saith Stamford the Canon-Law is a distinct and separated notion and not grown in his Age to any such Usance or Custom as made it Common-Law or the Law of the Land 152. Coming now to an end it moves me little what some object That many worthy Fathers of this Church-reformed and Bishop Andrews among the rest did forbear to vote in Causes of Blood and voluntarily retired out of the House if such things came in question nor did offer to enter any Protestation I do not doubt but they had pious Affections in it though they did not fully ponder what they did I have heard that a main Reason was that of the Record and Statute of 11 Rich. II. That it is the honesty of that Calling not to intermeddle in matters of Blood Now the French word Honesty signifies Decency and Comeliness As though it were a butcherly and a loathsom matter to be a Judge or to do Right upon a Malefactor to Death or loss of Members But this is an imaginary Decency never known in Nature or Scripture as I said before but begotten by Tradition in the dark Foggs and Mists of Popery Such an Honesty of the Clergy it was to have a shaven Crown to depend on the Pope to plead Exemptions and to resuse to answer for Felonies in the King's Courts All these were esteemed in those days the Honesty of the Clergy And such an Honesty it was in the Prelates of England in the loose Reign of Rich. II to absent themselves when they listed from the Aslembly of the Estate contrary to the King's Command in the Writ of Summons and to the Duties of their places as Peers of Parliament Yet they had more insight into what they did than some of our Bishops for they never offer'd to retire themselves in those days before their Protestation was benignly received and suffer'd to be enter'd upon the Parliament-Roll by the King the Lords and the House of Commons I know those excellent men that are with God proposed other Scruples to themselves they doubted not of the Legality or Comeliness for an Ecclesiastical Peer of the Kingdom of England to vote in a Judgment of Blood they did it continually in passing all Appeals and Attainders in Parliament but it startled them because it is not the practice of Prelates in other parts of the Christian Church so to do and thought it better to avoid Scandal and the Talk of other Nations That there being in the High Court of Parliament and Star-chamber Judges enough beside them they might without any prejudice to their King and Country forbear voting in those Judicatures somewhat the rather because all our Bishops in England are Divines and Preachers of the Gospel and consequently to be employ'd in Mercy rather than in Judgment who never touch upon the sharpness of the Law unless it be to prepare mens Hearts to relish and receive the comfort of the Gospel Let the Piety then and the Good-meaning of those grave Fathers be praised but I say they forgot their Duty to the Writ of the King's Summons and the use and weight of their Place And now to close I protest without vaunting I cannot perceive how this can be answer'd which I have digested together And if so many Bishops cannot obtain their Right which is so clear on their side God send the Earl of Strafford better Justice who is but a single Peer 153. Blame not my Book that there is so much of this Argument I hope the Ignorant will not read it at all but let a knowing man read it again and when he hath better observ'd it he will think it short Some History-spoilers have detracted from our Bishop that though he pleaded much in Parliament to his own Peril in the behalf of E. Strafford yet he wrought upon the King to consent to give way to his beheading Says our Arch-Poet Spencer lib. 3. Can. 1. st 10. Great hazard were it and Adventure fond To lose long-gotten Honour with one evil Hand But he shall lose no Honour in this for first as Nazian Or. 27 rejects them that had raised an ill Report of him whom he praised 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can you prove that they were sound in their mind that said so if any will believe it from such authors a good man hath lost his thanks Ego quod bené fec● malè feci quia amor mutavit locum Plautus That which was well done is ill done because it is not lovingly requited Hear all and judge equally Both the Houses of Lords and Commons by most Voices found the Earl guilty of Treason they made the greater Quire but those few that absolved him sung better The King interceded by himself by the Prince his Son to save him craved it with Cap in Hand Being founder'd in his Power he could go no further the Subjects denied their Soveraign the Life of one Man so Strafford must be cast away Opimii calamitas turpitudo Po. Rom. non judicium fuit Cic. pro Plancio Whose Calamity is the shame of English Justice His Majesty for divers days could not find in his Heart to set his Hand to the Warrant for Execution for Conscience dresseth it self by its own light And I would he had been as constant to his own Judgment in other things that we might remember it to his Honour as Capitolinus testifies for Maximus Non aliis potiùs quàm sibi credidit The fate of it was that the Parliament would not grant Mercy to the Earl and would have Justice from the King according to their Sentence whether he would or no They threaten and were as good as their Word to sit idle and do nothing for publick Safety and Settlement the whole Realm being in distraction till the Stroke was struck All the Palace-Yard and Hall were daily full of Mutineers and Outcries His Majesty's Person was in danger the roguy Off-scum in the Streets of Westminster talk'd so loud that there was cause to dread it Though there is nothing more formidable than to fear any thing more than God yet the most eminent Lords of the Council perswaded His Majesty to make no longer resistance Placeat quodcunque necesse est Lucan lib. 4. Not he but Necessity should be guilty of it If he did

the body v. 20. but now are they many Members yet but one Body v. 21. And the eye cannot say unto the hand I have no need of thee nor again the head unto the feet I have no need of you So far our brave Speaker and all this is exscribed faithfully out of his own Copy Let another take his room and let him that is wisest perform it better The Success was that he laid the Bill asleep for five months for I confess that by over-sight I have not kept the just order of time for it should have been referred to the middle of May before the King went into Scotland and was in a trance by the charm of this Eloquence till November after which shews how like he was to Athanasius Nazian in Orat. pro codem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Athanasius was an Adamant not to be broken with violent blows and a Load-stone to draw them to him that were of a contrary Opinion Now mark the Partiality upon which the Speaker much insisted That the Lords would grant Interest to noble Persons in Holy Orders to act in Secular Affairs but to none beside As Grotius fits it with a passage Annal. p. 5. Castellani quantumcunque usurpent ipsi libertatem in aliis non serunt The Castilians are great encroachers upon liberty for themselves but will not tollerate it in any beside To the main Cause I yield that that was easie to be defended on the Clergies part as learned Saravia shews de Christian Obed. p. 169. not only from Moses's Law but from the Custom general of the most orderly among the Heathen Gaulish Druids Persian Magi Egyptian Heirophants and so forth by induction from all places to make it amount even to a natural Law that Priests were no where excluded from honourable Imployments in Secular Affairs I will appose two Quotations for it and very remarkable The first from the Judgment of the Scottish Presbytery R. Spotswood Hist p. 299. 449. That they contended for that Priviledge that some Ministers should give Voice in Parliament in the behalf of the Church And some to assist the King in Parliament in Council and out of Council Doth the Wind blow so from the North The other taken from Ludo. Molin Paraen c 4. And he no well-willer to our Hierarchy in that Book least of all to their Consistories Deus Pastori Evangelico non detrahit jus potestatem Magistraturae nec magistratum prohibet ministerio si ad utrumque factus comparatus est But this Bill that went no further when it was first set on foot in May began to enlarge its strides and mend its Pace in the end of Autumn Either because this fiery Parliament saw that Confusion begun must be carried on with acting greater or because the King was suspected that he tamper'd with the Scots and they framed an Injury from his Neglect to leave them so long or how it was that their thoughts were whi●'d about with the Wheel of swift Perswasions themselves knew best but their Spleen began to shew it self with stronger fits than ever against the Clergy who were never safe so long as the Bill we have heard of was not cancell'd For the Spanish Proverb tells us That Apple is in great danger that sticks upon the prickles of an Hedge-hogg But if the Sum of the Bill had been right cast the now most noble Marquess of Dorchester and more noble because most learned told his Peers May 21. Which of your Lordships can say he shall continue a Member of this House when at one blow six and twenty are cut off This was sooth nay Sooth-saying and Prophesying but it was not attended 167. When all ways had been tried to pass this Bill of Dishonour upon the Clergy chiefly the Bishops and it hung in the House of the Lords the event methinks is like that which we read I Kings 22. v. 21. There came forth a Spirit and stood before the Lord and said I will perswade them And the Lord said Wherewith And he said I will go forth and I will be a Spirit of clamour and tumult in the mouth of all the People And the Lord said Thou shalt perswade them and prevail also Go forth and do so There had been an unruly and obsteperous concourse of the People in the Earl of Strafford's Case But a Sedition broke forth about Christmas that was ten times more mad Ludum jocumque dices fuisse illum alterum prout hujus rabies quae dabit Terent. Eunuch which took heat upon this occasion The King came to the House of Commons to demand five of their Members to Justice upon impeachment of Treason His Majesty it seems was too forward to threaten such persons with the Sword of Justice when he wanted the Buckler of Safety How far those five were guilty I have nothing to say because plain Force would not let them come to a Tryal But if they were innocent why did they not suffer their Practices to see the Light It had been more to their Honour to be cleared by the Law than to be protected against the Law And that Cause must needs be suspected which could not put on a good outside I am sure the King suffer'd extreamly for their sakes All Sectaries and desperate Varlets in City and Suburbs flock'd by thousands to the Parliament Diogenes was ask'd What was to be seen at the Olympick Sports where he had been Says he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laert. in Vit. Much People but few Men. But here were no Men but all Beasts who promised one another Impunity by their full body of Rebels and where there is no fear of Revenge there is little Conscience of Offence Quicquid multis peccatur inultum est Lucan The Rake-hells were chaffed to so high a degree of Acrimony that they pressed through the Court-gates and their Tongues were so lavish that they talk'd Treason so loud that the King and Queen did hear them Let the five Members be as honest as they would make them I am certain these were Traytors that begirt the King's House where his Person was with Hostility by Land and Water He that speaks of them without detestation allows them and makes way for the like Sometimes they called out for Religion sometimes for Justice Ex isto ore religionis verbum excidere aut clabi potest as Tully of Clodius pro Dom. Was the sacred term of Religion sit to come out of their Mouths Did it become them to speak of Justice Sarah cried out to Abraham The Lord judge between me and thee when her self was in the fault Gen. 16.5 Every Tinker and Tapster call'd for Justice and would let the King have none who is the Fountain of it What did the great Parliament in the mean while Give Freedom to their Rage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Friends in their ragged rows were too many to be childden they were more afraid of them than of the

the opening of that Session it was much Noted that the King had said before all the Members Spare none where you find just Cause to punish And if the two Houses should sit a year what good could be expected from them but two or three Subsidies That it were less danger for the King to gather such a Sum or greater by his Prerogative though it be out of the way than to wait for the exhibition of a little Mony which will cost Dishonour and the Ruin of his most Loyal and Faithful Servants 60. O what a Tempting Fiend is self-preservation These Mormo's and ill shap'd Jealousies hatch'd in Hell and prompted by the Father of mischief disquieted the King but Rob'd my Lord of Buckingham of all peace of Mind till the Dean of Westminster his good Genius conjur'd them down whose Wisdom luckily consulted gave him this Advice as I find it in a Breviate of his own hand Writing That the Parliament in all that it had hitherto undertaken had deserv'd praise as well for their dutiful demeanor to the King as for their Justice to his people His Majesties just and gracious Prerogative was untouch'd The Grievances of all that were Wronged with indifferency were Received which they must sift or betray the Trust of their Country which sent them The former Parliament was very Tart if not undutiful what then Shall we be fearful to put our hands into cold Water because we have been Scalded with hot There 's no Colour to quarrel at this general Assembly of the Kingdom for Tracing delinquents to their Form For it is their proper Work And the King hath very Nobly encourag'd them to it in his Speech that in the first day he made before them nay even proffering to have the blemishes of his Government Reformed by them for his own Words must literally bear that meaning as you well remember them if I may know my Errors I will Reform them But your Lordship is Jealous if the Parliament continue Embodied in this Vigour of your own safety or at least of your Reputation least your Name should be used and he brought to the Bandy Follow this Parliament in their undertakings and you may prevent it Swim with the Tide and you cannot be Drown'd They will seek your favour if you do not start from them to help them to settle the public Frame as they are contriving it Trust me and your other Servants that have some Credit with the most Active Members to keep you clear from the strife of Tongues But if you assist to break up this Parliament being now in pursuit of Justice only to save some Cormorants who have devoured that which must be regorged you will pluck up a Sluce which will over-whelm your self The King will find it a great disservice before one year expire The Storm will gather and burst out into a greater Tempest in all insequent Meetings For succeeding Parliaments will never be Friends with those with whom the former fell out This is Negative Counsel I will now spread Affirmative Proposals before your Honour which I have studied and consider'd Delay not one day before you give your Brother Sir Edward a Commission for an Embassage to some of the Princes of Germany or the North-Lands and dispatch him over the Seas before he be mist Those empty Fellows Sir G. Mompesson and Sir Fr. Michel let them be made Victims to the publick Wrath. It strikes even with that Advice which was given to Caesar in Salust when the people expected that some should be Examples of impartial Justice Lucius Posthumins Marcus Fauonius mihi videntur qu●si magnae navis supervacua onera esse Si quid adversi coort●m est de illis pstissumon sactura sit quia pretii minimi sunt Let Lord Posthumius and M. Fauonius be thrown over board in the Storm for there are no Wares in the Ship that may better be spared Nay my Sentence is cast all Monopolies and Patents of griping projections into the Dead Sea after them I have search'd the Signet Office and have Collected almost forty which I have hung in one Bracelet and are fit for Revocation Damn all these by one Proclamation that the World may see that the King who is the Pilot that sits at the Helm is ready to play the pump to eject such Filth as grew Noysom in the Nostrils of his people And your Lordship must needs partake in the Applause for though it is known that these Vermin haunted your Chamber and is much Whisper'd that they set up Trade with some little Licence from your Honour yet when none shall appear more forward than your self to crush them the Discourse will come about that these Devices which take ill were stoln from you by Mis-representation when you were but New blossom'd in Court whose Deformities being Discover'd you love not your own Mistakings but are the most forward to re-call them 61. Before I proceed though Anger be an Enemy to Counsel I confess I cannot refrain to be angry O hearken not to Rhehoboams Ear-Wigs drive them away to the Gibbet which they deserve that would incite the King to Collections of Aid without concurrence of his Parliament God bless us from those Scorpions which certainly would beget a popular Rage An English mans Tribute comes not from the King's Exaction but by the peoples free Oblation out of the Mouth of their Representatives Indeed our Ancient Kings from the beginning did not receive but impose Subsidies When the Saxon Monarchs wanted Relief for repairing Castles Bridges or Military Expeditions they Levied it at their will upon the Shires as we may learn by some Names the only Remainder of those Old times Burg-boot Brig-boot Hen-fan Here-geld Horn-geld Danegeld Terms that meet us every where in our Ancient Chronicles The Normans you may Swear lost nothing that came in by wonted Signory but exacted as they saw Cause as William the Conqueror de Unaquâque hidâ sex solidos cepit imposed Six Shillings on every plowed Land saith Mathew Paris And William Rusus had his Auxilium non lege statutum an Aid without an Act of Parliament as Hoveden in the Life of Henry the Second And in this manner the Norman Race supplied themselves as they needed until King John's Reign who in his great Charter bound himself and his Successors to Collect no Aid nisi per commune concilium regni as it is in Matthew Paris With this agrees the Old Statute of 51 Henry the Third de tallagio non concedendo that Subsidies should not be Levied without the consent of Parliament Which being confirmed also in the 25 of Edward the First hath been inviolably observ'd by all the good and peaceable Kings of England to this very day And God forbid that any other Course should be Attempted For this Liberty was settled on the Subject with such Imprecations upon the Infringers that if they should remove these great Land-Marks they must look for Vengeance as if Entail'd by publick

For confirmation of it I will anticipate how he was breath'd till he was almost out of breath with a violent but short Sickness upon the end of the first Term that he appeared in Chancery It was the Term of Michaelmas and in the November of it the Parliament sate again in which he attended in the Office of Speaker in the Lords House With these concur'd a spiny and difficult Treaty between our Merchants and the Agents of the United-Provinces for the most savage Insolencies committed at Amboyna a Treaty wherein he was the Chief Commissioner and the sharpest against those Thieves and Murderers Which Treaty took up three Afternoons constantly in every week while it continued to hear that Cause In the Court of Chancery beside the ordinary Work several Causes and of a reaching number were referred in the preceding Session of Parliament to the succeeding Lord Keeper to review the Orders of the Predecessor displaced Into this vast Sea of Business he launch'd forth all at once Hereupon my self and half an hundred more have seen his Industry that he was compel'd to sit by Candle-light in the Court two hours before day and there to remain till between eight and nine that the Prince being come to the Lords House sent for him to take his Place there to Propound and Report the Questions of that Honourable House till past twelve every day not seldom till past one After a short Repast at home he returned to hear the Causes in Chancery which he could not dispatch in the morning Or if he did attend at Council in Whitehall he came back toward evening and followed his Employment in Chancery till eight at night and later Then on the neck of this when he came home he perused such Papers as were brought to him by his Secretaries And after that though far in the night prepared himself for so much as concerned him to have in readiness for the Lords House in the morning In this overwhelming hurry of Troubles of such divers sorts and compositions what time come could he borrow for necessary Refreshment or the Repose of his wearied Body night or day And as the good King pick'd him out for this Task because He foresaw that none would outdo him in Diligence so He prefer'd him to be Great in Place because He knew he was great in Courage The Supporters on the Steps of Salomon's Throne were not Sheep but Lions The way to be Just is to be Inflexible the way to be Inflexible is to be Stout casting all thoughts of Fears and Favours under feet No man by natural complexion could be better engrained for it I will take it up from one that had no mind to say the best of him Mr. Art Wil. p. 196. He was of a comely and stately Presence and that animated with a great Mind made him appear very proud to the vulgar Eye Quaedam videntur non sunt So far was his Heart from Pride that he never thought himself the finer for the Trappings of Fortune Yet so far from baseness that he knew the Bench he sate upon and would not be made despicable in the Eyes of the World much less be brought about to serve great Men's turns and stretch the Causes of the Court according to the Contents of their Letters and Messages which were no better in a rude Phrase then to be a Pandar to their Lust to let them deflower Justice Therefore in the same Leaf says Ar. Wil. again The height of his Spirit made him odious to them that raised him happily because they could not attain to those Ends by him which they required of him The height of his Spirit made him speak freely and counsel faithfully and decree justly though that Lord to whom he had espoused his greatest Devotion were concerned in the Opposition Which was rectitude and magnitude of Mind as Tully in his Brutus makes Atticus decipher Caesar Splendidam miniméque veteratoriam dicendi rationem tenet voce motu formâ etiam magnifieâ generosâ quodammodò His Person his Gesture his Eloquence were magnificent and generous whose wont it was to reduce his chief Friends to Reason not craftily and timidly but with a noble and sublime Sincerity 65. Among the Qualities of a good Judge there is one remaining and fit to bring up the Rear which the King look'd upon as verily to be presaged in his new Officer an Hand clean from corruption and taking Gifts which blind the Eyes of the Wise and pervert the Words of the Righteous Deut. 16.19 'T was loudly exclaimed and the King was ashamed to have so far mistaken the Persons that there were sucking Horse-Leeches in great places Things not to be valued at Money were saleable and what could not Gold procure As Meander writes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is Friends and Judges and Witnesses you may have them for a Price nay such as sit in the place of God will serve you for such Wages The wise King having little prevailed by Monitions and Menaces against this fordid Filthiness cast his Liking upon a Man whom He might least suspect for Gripleness and Bribery The likeliest indeed of all others to shake this Viper from his hand and to be armed with a Breast-plate of Integrity against the Mammon of Iniquity for he was far more ready to give then to take to oblige then to be beholding Magis illud laborare ut illi quamplurimi debeant as Salust of Jugurtha He was well descended of a fortunate and ancient Lineage and had made his progress to Advancements by Steps of Credit a good Bridle against base Deviations What then made an an unsavoury Historian call him Country Pedant A Reproach with which H. L. doth flirt at him in his History of King Charles a scornful Untruth So I shake off this Bar and return to the Reverend Dean who was in a Function of Holy Calling next to God Among them I know all have not been incorrupt the Sons of Samuel turned aside after Lucre and took Bribes and perverted Judgment 1 Sam. 8.3 But commonly I trust they do not forget what a Scandal it is if God's Stewards turn the Devils Rent-Gatherers He was also unmarried and so unconcerned in the natural Impulsion of Avarice to provide for Wife and Children Our old moral Men touched often upon this String that Justice is a Virgin 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says Hesiod and therefore fit to be committed to the trust of a Virgin Magistrate He was never fullied with Suspicion that he loved Presents no not so much as Gratuidad di Guantes as the Spaniards Phrase is but to go higher they are living that know what Sums of Value have been brought to his Secretaries such as might have swayed a man that was not Impregnable and with how much Solicitousness they have been requested to throw them at his Feet for Favours already received which no man durst undertake as knowing assuredly it would displace the Broker and be his Ruine And

and to raise divisions So they dealt now For they put a Paper into my Lord of Buckingham's hands to assist them for the Erection of Titulary Popish Praelates in this Kingdom A most Natural superfaetation with the motion whereof the Lord Marquess being amuzed he sent to the Lord Keeper for advice who damned the Project with these Reasons ensuing First it will set all the Kingdom on Fire and make his Majesty unable to continue those Favours and Connivencies to peaceable Recusants which he now most Graciously affords them Secondly It takes away from his Majesty an Hereditary Branch of the Crown which the Kings of this Land have ever enjoy'd even before the Conquest and hath never since the days of King John been so much as Challeng'd by any Pope to Wit the Investitures of Bishops Thirdly It is a far greater mischief in a State I mean in regard of the Temporal but not of the Spiritual good thereof then an absolute Toleration For a Toleration as we see in France doth so divide and distinguish Towns and Parishes that no place makes above one payment to their Church-men But this invisible Consistory shall be confusedly diffused over all the Kingdom that many of the Subjects shall to the intolerable exhausting of the Wealth of the Realm pay double Tithes double Offerings and double Fees in regard of their double Consistory And if Ireland be so poor as it is suggested I hold under Correction that this invisible Consistory is the principal cause of the exhausting thereof Fourthly If the Princes Match should go on this New Erected Consistory will put the the ensuing Parliament into such a Jealousie and Suspition that it is to be feared that they will shew themselves very untractable upon all propositions Fifthly For the Pope to place a Bishop in this Kingdom is against the Fundamental Law of the Land and the King will be held unjust and injurious to his Successors if to his utmost power he should not resist and punish This Draught was brought to the King who was glad such Pills were prepared to purge away the redundancy of the Catholic Encroachments And his Majesty gave Order to him who had confected them so well to Administer them with his best skill to the Spanish Embassador That they might work gently with him the Lord Keeper at his Visit made shew that he was startled at a heady motion that came from Savoy as he thought taking no notice of any Spanish Agent that had his Finger in it And besought his Excellency to send for the Savoyan and to wish him to throw aside his Advice for Titulary Bishops least it should hinder the King of Spain's desire in accomodating the Catholics with those Courtesies which had been granted which took so well with the Spanish Embassador his own indiscretion being not Taxt but the Folly laid at another Door that the motion sunk in the Mud and was seen no more I will add but one thing how distastful it was to him that the Papists should have so much as the shadow of a governing Church in this Realm taken out of a Letter Cabal pag. 81. Written to my Lord of Buckingham being then at Madrid dated Aug. 30. 1623. Doctor Bishop the New Bishop of Chalcedon is come to London privately and I am much troubled at it not knowing what to Advise his Majesty as things stand at this present If you were Shipped with the Infanta the only Counsel were to let the Judges proceed with him presently Hang him out of the way and the King to blame my Lord of Caterbury or my self for it Surely this doth not favour of addiction to the Purple-Hat or the Purple-Harlot Ovid. Nunquid ei hoe fallax Creta negare potes Nay it was a Pang rather then a Passion to the welfare of this Church which forc'd sentence of Blood out of his sweet and mi'ky Nature 106. Yet well fare those good Fellows that did not defame him for a Papist Much otherwise they charg'd him with a loud Slander and a long Breach for it continued in his days of Sorrow that he was a Puritan of what Colour Si●s Blew or Black Both these might he false so they were both could not be True David says of God's Servants whom he Tried as Silver is Tried in the Fire that they went through Fire and through Water Mise●ies of Repugnant Natures So Sometimes they pass through Defamations inconsistent and as contrary one to another as Fire and Water The Old Non conformists were call'd by the Nick Name of Puritans in Queen Elizabeth's days I know not who impos'd it first whether Parsons the Jesuit or some such Franion I know it grew not up like Wild Oats without Sowing But some Supercilious Divines a few years before the End of K. James his Reign began to Survey the Narrow way of the Church of England with no Eyes but their own and measuring a Right Protestant with their streight line discriminated as they thought fit sound from unsound so that scarce ten among a Thousand but were Noted to carry some Disguise of a Puritan The very Prelates were not free from it but Tantum non ni ●piscopatu Puritani became an Obloquy At the Session which these Arislarchusses held near to the Court in the Strand the Lord Keeper the most Circumspect of any Man alive to provide for Uniformity and to countenance it was scratch'd with their Obeliske that he favour'd Puritans and that sund●y of them had Protection through his Connivency or Clemency All the Quarrel in good Sooth was that their Eye was Evil because his was Good Such whom the Aemulous repin'd at as he cast it out himself were of two Ranks Some were of a very strict Life and a great deal more laborious in their Cure then their Obtrectators Far be it from him to love these the worse because they were Stigmatiz'd to the Offence of Religious and Just-men with a by word of Contumely Pacatus the Orator inveighed against it for a Rank impiety in his Pan●g Quod Clarevati Matrorae objicicbatur atque 〈◊〉 exprobrabatur mulieri vi luae nimia Religio diligentius culta Divinitas I will lay it open in one particular The Lord Bishop of Norwich Dr. Harsnet a learned Prelate and a Wise Governour bate him perhaps a little roughness began to proceed in his Consistory against Mr. Samuel Ward a Famous Preacher in Ipswich who Appealed from the Bishop to the King And the King committed the Articles exhibited against him to be Examined by the Lord Keeper and by him to be Reported to his Majesty The Lord Keeper found Mr. Ward to be not altogether blameless but a Man to be won easily with fair dealing So he perswaded Bishop Harsnet to take his Submission and to continue him in his Lecture at Ipswich The Truth is he found so much Candor in Mr. Ward so much readiness to serve the Church of England in its present Establishment and made it so clearly appear that he had

Cause It is the Author of the Observations upon H. L. his History of the Reign of King Charles pag. 137. He hath not bestowed his Name upon his Reader but he hath a Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says Homer Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I ought not to put him to the first Question of our Catechism Quo nomine vocaris For good Writers nay Sacred Pen-Men do not always Inscribe their Names upon their Books Scholars do invariably Father the Work and some of them say they have it from the Printer upon one that hath Wrote and Publish'd much favoring of Industry and Learning And they give Reasons which will come into the Sequel though a great while deferr'd why he blotts the good Name of King James Why he grates so often upon the mild Nature and matchless Patience of King Charles And if Fame have taken the right Sow by the Ear it is one that had provok'd the then Bishop of Lincoln in Print with great Acrimony Twenty years ago and that Anger flames out in him now as hot as ever Panthera domari nescia non semper saeuit Yet when that Bishop came out of the Tower and this Adversary sought him for Peace and Love because the Bishop was then able to do him a Displeasure he found him easie to be Reconciled What should move this Man to forget that Pacification so truly observ'd on the Bishops part who was the greater and the offended Party Naturale est odisse quem laeseris And Malice is like one of the Tour Things Prov. 30.15 That never say it is enough 'T is Degenerous for the Living to Trample upon the Dead but very Impious that he that was once a Christian nay a Christian Priest should never cease to be an Enemy The Words with which he wounds the Spanish Match through his side though otherwise he is one that witheth it had succeeded are these That that Bishop being in Power and Place at C● the time of King James made himself the Head of the Popish Faction because he thought the Match with Spain which was then in Treaty would bring not only a Connivance to that Religion but a Toleration of it And who more like to be in Favour if that Match went on than such as were most zealous in doing Good Offices to the Catholick Cause Here 's a Knot of Catter-Pillars wrapt in a thin Cobweb so easie it will be to sweep them of The accused Person was always free of Conference Let any now living say that heard him often Discourse of the adverse Church if he did not constantly open himself not for a Gainsayer only but for a Stiff Defier of their Corrupt Doctrines although he was ever pitiful for Relaxation of their Penalties And would that Party cleave unto him for their greatest Encourager Encouragement was the least their Head could give them Beside the Thing is a Chimaera I never knew any Head of the Popish Faction in this Kingdom Others and Bishops in Rank above him have been traduced in that Name but who durst own that Office especially in the end of King James his Reign when every year almost was begirt with a Parliament and every Parliament procreated an inquisitive Committee for Matters of Religion What Mist did he walk in that neither Parliament nor Committees did detect him for Head or Patron or Undertaker call it what you will of the Pseudo-Catholick Cause could nothing but the goggle Eye of Malice discover him 135. Perhaps the Contemplation of the Spanish Match might embolden him so this Author would have us think It could not it did not take a little in the highest Topicks to both It could not For as the Anteceding Parliament was much taken with King James's Words That if the Match should not prove a fartherance to our Religion he were not Worthy to be our King so this his Majesties near Counsellor knew his meaning of which he often discours'd that when the Holy-Days of the Great Wedding were over his Majesty would deceive the Jealousies of his Subjects and be a more vigorous Defender of the Cause of the True Faith than ever And Judge the Bishop by his own Words in his Sermon Preach'd at the Funerals of that Good King that his Majesty charg'd his Son though he Married the Person of that Kings Sister never to Marry her Religion I said likewise he did not Look back to the first Letters he dispatch'd into Spain but much more let every Reader enjoy the Feature of his own Piety and Wisdom which he put into the Kings Hand to have his liking while his Majesties Dear Son was in Spain to Cure popular Discontents and sickly Suspicions which had come forth with Authority in October following if the long Treaty had not Set in a Cloud The Original Draught of his Contrivances yet remaining is thus Verbation That when the Marriage was Consummated and the Royal Bride received in England His Majesty should Publish his Gracious Declaration as followeth First To assure his Subjects throughout his three Kingdoms that there is not one word in all the Treaty of the Marriage in prejudice of our own Religion Secondly To Engage himself upon his Kingly Word to do no more for the Roman-Catholics upon the Marriage than already he did sometime voluntarily Grant out of Mercy and Goodness and uncontroulably may do in disposing of his own Mulcts and Penalties Thirdly That our Religion will be much Honoured in the Opinion of the World that the Catholic King is content to match with us nor can he Persecute with Fire and Sword such as profess no other Religion than his Brother-in-Law doth Fourthly That His Majesty shall forthwith advance strict Rules for the Confirmation of our Religion both in Heart and in the outward Profession 1. Common-Prayer to be duly performed in all Churches and Chappels Wednesdays and Fridays and two of every Family required to be present 2. Every Saturday after Common-Prayer Catechising of Children to be constantly observed 3. Confirmation called Bishopping to be carefully executed by the Bishop both in the General Visitations of his Diocese and every Six months in his own House or Palace 4. That Private Prayers shall no Day be omitted in the Family of him that is of the Degree of an Esquire else not to be so named or reputed 5. All Ladies and all Women in general to be Exhorted to bestow two hours at the least every Day in Prayer and Devotion 6. All our Churches to be Repaired and outwardly well Adorned and comely Plate to be bought for the Communion-Table 7. Dispensations for Pluralities of Livings to be granted to none upon any Qualification but Doctors and Batchelors in Divinity at the least and of them to such as are very Learned Men. 8. Bishops to encourage Public Lectures in Market-Towns of such Neighbouring Ministers as be Learned and Conformable 9. A Library of Divinity-Books to be Erected in every Shire-Town for the help of the poorer Ministers and Leave shall be

their Clutches that by Arms or cunning Treaties do Usurp it But the way and Manner in Discovering the Couchant Enemy in preserving that handful of our Friends in laying down some Course of Diversion and the like you do most wisely and modestly refer to the proper Oracle His Majesties Wisdom and Deep Counsel Yea but I must tell you Mr. Speaker Vinci in amore turpissimum the King cannot endure to be outvyed by his People in Love and Courtesies What you in Duty do refer to him his Majesty in Confidence of your Wisdom and Loving Assections returns upon You. You say you would have the King betake him to sound Counsel You are his Counsel Consilium magnum his Main and Principal Counsel It is very true That since the begining of Harry the 8th the Kings of England have reserved those Matters to their own Conisance and Resolution But it is as true that from Harry the First until that Harry the Last our Kings have in every one of those Questions Repaired to and received Advice of their Parliaments Id verum quod primum Our Master means to follow the former Precedents His Majesty Commands me to yield unto you Hearty Thanks for your just Resentments of his Sufferings in this Cause and to tell you withall that because the main of the Expedition is to be born by the Persons and Purses of the People whom you do represent He is pleased to accept of the Advice of the House of Commons concerning the finding out of this secret Enemy the re-inforcing of our remaining Friends and by what kind of Diversion we shall begin the Enterprize And God the Holy Ghost be present with you in all your Consultations 184. In the Ninth Place That Well of Wood our Navy Royal wherewith you well observed this whole Island to be most strongly fortified we must all attribute the well Rigging and good Condition of it to the great Cost Care and Providence of his Sacred Majesty Hic tot sustinuit hic tanta negotia solus And yet as that Carver that beautified the Temple of Diana although he wrought upon other Mens Charges was suffered notwithstanding to engrave his own Name in some eminent Places of the Building So surely can it be denied by Envy it self but that most Noble Lord who is now a compleat Master in his Art and hath spent his seven years Studies in the Beautifying of the Navy should have a glorious Name enstamped thereupon though in a sitting Distance from his Lord and Master whose Princely Majesty A longe sequitur vestigia semper adorans Lastly For the Reformation of Ireland this I am bidden to deliver Pliny commending the Emperor Trajan to the utmost reach of Eloquence says That the most laudable and most remarkable Point in all his happy Government was That his Care was not consined to Italy alone but Instar solis like the Beams and Influence of the Sun it shed it self to many other Countries Surely his Majesty's Providence is of a large Extent for where the Sun scarce darteth his Beams his Majesty hath shined most gloriously by the Execution of wholsome Laws engrafting Civility and Planting true Religion And let this be our Soveraign's Comfort that though this poor Kingdom though never so reformed shall add very little to his Crown of Temporal Majesty here on Earth it will be an Occasion of an immense Access to his Crown of Glory hereafter in Heaven And now for your four Petitions Mr. Speaker his Majesty grants them all in one Word What Priviledge Liberty Access or fair Interpretation was ever yielded to the Members of that House his Majesty grants them to the Knights and Burgesses now assembled fully and freely without the least Jealousie Qualification or Suspicion I will only add a Memorandum out of Valerius Maximus to cut an even Thred between King and People Quid Cato sine Libertate Quid libertas sine Catone What is Wisdom without Liberty to shew it And what is Liberty without Wisdom to use it 185. Hitherto the King spake to the People by the Lord Keeper's Mouth and then the House rose All rejoyced that such gracious Concessions were returned to Mr. Speaker's Motions which were the Beam that held up the insequent Counsels till the Roof was covered with Agreement And it took the more that it was inlaid with such Mosaick Work not to the Eye but to the Ear by a perfect Orator It was the greatest and the knowingest Auditory that this Kingdom or perhaps the World afforded whose general Applause he carried away to as much as Modesty could desire Isocrates extolling the famous Acts of Evagoras before the full Celebrity of the Athenians exulted that Evagoras was approved by them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whose good Opinion was more honorable to him than all the Earths beside It was a happy sight at that time to see the Patriots of both Houses depart with Hands held up to God and with Smiles in their Looks that you might think they said one to another as the Princes of the Congregation and the Heads of the Thousands of Israel said to the Children of Reuben and Gad c. This day we perceive that the Lord is among us Jos 22.31 The Lord Keeper was summoned in three days after to a fresh Business and a larger Task than the former So fine a Tongue was sure not to want Work The Lords and Commons were brought into the Banqueting-House at White-Hall Feb. 24. where the Duke of Buckingham spake unto them leading them into the Maeanders of the Spanish Treatise and lead them out of them by the Clew of his own Diligence as he spared not to give himself the Honour of it For this time he was the Alcibiades that pleased the Common-wealth His Zeal and unremovable Pertinacy not to cope with the Spaniard in any Proposition unless the Prince Elector might be brought into his own Land again with an honorable Post liminium did enter inwardly and into the Marrow of all pitiful Affections But when he unfolded how strong the Prince was to the Principles of the right Faith and how attendant and dutious himself was to see that no Emissaries should poyson his Highness's Heart the general Suffrage was that the Prince had march'd valiantly like a Captain of Holy Truth and that the Duke deserved a great Name as a Lieutenant that maintained the Cause of God under him For it was ever easie to strike the good People of England half blind with the Dazling of Religion So much did the Parliament thirst for the Report of this Narration that it was imposed on the Lord Keeper to make it the next day All that might be done was that he took him to his Memory and to his Pen and drew up three Sheets of Paper upon it in a fast and scarce legible Hand He must proceed by the Pattern My Lord Duke's Oration was the only part of Speech he must follow and like a wise Man whatsoever he thought he must make

not in God's Harvest The antient Christians that desaced Idols of Silver and Gold would Purse none of the Metal for fear of giving Scandal to the Heathen Stilico demolished some such Images and he and his Wife were found to wear the Ornaments that had belonged to them for which they were cry'd out upon says Baronius An. 389. c. 57. Quia apud antiquae probitatis Christianos nefas erat in Idola grassari ut in usum privatum aliquid verteretur ut appareat pietate nos ista destruere non avaritiâ A very wise and a pious Course for an avaricious Zeal is a poysoned Cordial And few will captivate their Understanding to edifie by a Sacrilegious Reformer I hope Loosers may have Leave to breath out their Sorrows especially for Sion's sake However I beseech God to preserve his Ark among us though the Pot of Manna be lost to bless the pure Doctrine and the Sacraments of the Gospel to all to whom they belong that the Infant be not rob'd of the one nor such as are of grown Age of the other Then as the Earth is the Lords in all its Fulness so the true Church is Christ's in all its Penury and Emptiness And this is enough to let the Reader see what was intended to be made good before that a most Church-loving was a most happy Parliament 195. Yet no feast was ever so bountiful but some went away unsatisfied and no Court was ever so Righteous upon Earth but some Appellants thought they were prejudiced If any man had Cause to complain of the Justice of this Parliament it was the Lord Treasurer Cranfield About whose Tryal if I should ask as the Pharises did about Divorces Is it lawful to censure a principal Officer for eve-eve-Cause I must say as Christ answered them From the Beginning it was not so A Parliament is a Judge among Gods a Terror to Magistrates that are a Terror to any but to them that deserve Evil the only or the best Inquisitor into the Ways of them that Rule in high Places that he that stands may take heed least he fall But if it grow common if every Session make it their Work or their Recreation to hunt such Game down and root up Cedars that might have stood without Offence Moderation will be desired and the Prudent will think it is not fit many a Week should be lost anent the providing of good Laws when a Month or two pass over in bringing a white Staff or some such Grandee to the Stake to be baited by Informers The Lord Treasurer had some Petitions preferred against him in March which at first he laugh'd at and thought to scorn them down with Unguiltiness For who regards the first Grudgings of a Sickness Yet none perish sooner than they that are not provident against the first beginning of an Evil. The Petitioners were countenanced because he whose Harm they sought was one that was not beloved 'T is true he was surly and of hard Access But be it remembred he sate in his great Places not to be popular and get Affections but to be Just and to Husband the Revenue of the Crown with Prudence But subtle Knavery is like to be longer unquestioned than rough-cast Innocency He was charged with Corruption and sordid Bribery all the while many Sages contended that the Proofs came not home to a full Discovery One press'd it close that he gave him Five hundred Pound to break well through a long Suit in the Court of Wards To which the Treasurer answered That the Money was paid him for a Place in the Custom-House for which the Complainant had often moved him which his Secretaries and other Witnesses made good and that upon the Payment of that Sum one of the Six and thirty Portions in the Custom-House was reserved for him Albeit the weight of this suspected Bribe not a Bur hanging upon his Gown beside press'd him down in the Conclusion This was not to turn Foxes into Fleas a Bed as H. Grotius doth in his Notes upon the Canticles but it is to turn Fleas into Foxes or rather Flea-bites into the mortal Spots of the Pestilence Whether the Treasurer had great Faults it is uncertain and waits Report but 't is sure he had great Adversaries The Duke of Buckingham and all his Party appeared against him Whereupon Sir A. Wel. the most virulent Defamer of the Lord Treasurer writes That a small Accusation as his was would serve to turn him out of his Honor whom the Duke did then oppose But why did his Grace heave at his Cousin by Marriage 't is very dark It seems the Courtiers had no Mind to let us know it For as Lampridius Notes in Vit. Alex. Sev. Secreta omnia in aulâ esse cupiunt ut soli aliquid scire videantur It is perhaps that the Treasurer would have brought a Darling Mr. Arthur Bret his Countess's Brother into the King's Favour in the great Lord's Absence Or that he grudg'd that the Treasury was exhausted in vast Issues by the late Journey into Spain and denied some Supplies Or that he dealt too plainly at the Council-Table in giving no kind Ear to his Cousin's Relations of his Doings at Madrid having not the Art to catch his Affections in the Springes of Flattery But down the Duke cast him as me-seems being not aware how every man hath so many Relations that he that destroys one Enemy makes himself ten more Or as I heard another say long ago much better upon it that my Lord of Buckingham did never undo any of his Enemies but he ruin'd many of his Friends And in this Lord 's Overthrown the Prince abetted him was Privy to the Undertakings of his Adversaries and accompassed Suffrages to Condemn him The bitter Welden P. 168. could not res●ain to Comment upon it That the Prince discerned so much Juggling in the Parliament in Cranfield's Case that it was not much to be wondred at being come to be King that he did not affect them King James being all that time of this Storm not at Newmarket as our late Mistakers say but at Greenwich was so sad that a trusty Servant and an able should be thus handled forced from him and quipt every day with ignominious Taunts that the kind Correspondencies between him and the Parliament began to have a Cloud over them He courted many to take side with his Treasurer and prevailed little because the most did love to warm themselves in the Light of the Rising Sun He tutored his Son the Prince that he should not take part with a Faction in either House but so reserve himself that both Sides might seek him and chiefly to take heed how he bandied to pluck down a Peer of the Realm by the Arm of the Lower House for the Lords were the Hedge between himself and the People and a Breach made in that Hedge might in time perhaps lay himself open But the Duke had thrust on the Prince so far that he could not retreat

worse to answer for I will depart with this mournful matter adding only that the Duke being taken away our Bishop never desisted to do Observance and such Help as he could to his desolate Kindred and Family which the Countess of Denby his Sister would often confess to me and speak of it to his great honour At this time presently upon the dismal Tydings he dispatch'd a most melting Letter to the Countess his Grace's Mother whose Answer to his begins thus My Lord IT is true Nobleness that makes you remember so distressed a Creature as I am and to continue a true Friend in harder Fortunes You give me many Reasons of Comfort for which I kindly thank you for I have need of them all The rest is long and very choicely endited under her own Hand which I pass over more willingly because her Ladiships revolting to the Romish Religion was none of the least causes that brought her Unfortunate Son into the distaste of the People Pace tuâ fari haec liceat Rhamnusia Diva Catullus 81. The Duke being now at rest in his Grave it was conceived this Good at least would come of it that the next Session of Parliament would be very quiet which began on the 20th of January Yet they that thought the Ship was lightned of Jonas saw the Storm encreased Let them that will know the occasion of a wide Breach read it in the Histories and Life of King Charles especially in His Majesty's Declaration to all his loving Subjects printed 1628. wherein the intelligent shall find that the Commons were rather stubborn than stiff rather violent than eager against the King's Affairs and that the King was so provok'd with the heat of one morning that he would not allow a day nor an hour to let them cool again but dismist them with Menaces and thrust them away from him with such displeasure that in twelve years he sent out no Writs to call another Parliament It is too late to wish it had been better then it is not too late to give Warning that it may be better hereafter Who did best or worst many will take the liberty to determine as their addictions carry them to loyal Duty or popular Liberty I judge neither so high above me in their potential Orbs but relate what the Prudent did observe upon their Passages This was the Bishop of Lincoln's Opinion who wept the ruine of the State and was able to see through the present to the future that it was ill in the People to offend so good a King and unhappy for the King to close again no sooner with a bad People The open face of both these shall be seen The Commons were no sooner come together but like Ajax's Rhetorick in the Poet Proh Jupiter inquit they were as hot as an Oven in their exordium and spake loudly That the Petition of Right was not maintain'd because Tonnage and Poundage were taken and Merchants Goods distrein'd for non-payment a Revenue not due to the Crown till pass'd by Bill The King's Council shew'd Presidents that it had been taken in a provisional way before the Parliament had granted it but that His Majesty did desire to receive it by the Grant of his People and pray'd a Bill might confirm it to remove this Block out of the way in which all Controversies would be sopited Hereupon it was promis'd it should be considered and the framing of a Bill be referr'd to a Committee yet they drew back their Hand till they had gather'd a Particular of things distasted in the Ecclesiastical and Civil Government An Affectation which Appius Claudius discover'd in the Tribunes Liv. dec 1. lib. 5. Qui semper aegri aliquid in Rep. esse volunt ut sit ad cujus curationem à vobis adhibeantur Which the King hath put into English Declar. p. 25. Like Empericks that strive to make new Work and to have some Diseases on foot to keep themselves in request Their Inspections about Religion were not only troublesome to make the Bill stick in the Committee the only means to keep all quiet but so inauspicious that I fear God was not near Arminianism was complained of that it was openly maintain'd not suiting with the Articles of the Churches of England and Ireland A strange Spell which raised up the Spirit that it would conjure down As they that mark the encrease of Nile can tell at what day it will begin to overflow so they that watcht the encrease of Arminianism say considently that from this year the Tyde of it began to come in Then they complain'd that the Bishops of London and Winton prevail'd to advance those to great Preferments that spread those Errors while the orthodox part was deprest and under inglorious disdain Never was this verified by a clear and notorious distinction till this Challenge was made That all Preferments were cast on that side Then it began to be palpable that there was no other way to fly over other mens Heads in the Church but with those Wings And here the forlorn part might say to the Parliament as Balak said to Balaam What hast then done unto me I took thee to curse mine Enemies and behold thou hast blest them all together Numb 23.11 Thirdly They did regret at the obtruding of some Ceremonies which waxed in more request and authority upon that opposition as some Flowers open the more when the Wind blows strongest upon them I believe such Remorse as was in Joseph's Brethren would make some of them say We saw the arguish of the King when he besought us and would not hear therefore this Distress is come upon us that all our Counsels are improsperous The prosecution of Civil Grievances miscarried as much and as wise men guess'd because Sir John Ellict stood up to manage them Few lead on to remove the publick Evils of a State without some special feelings and ends of their own Nor was it any better now so far as an action may be known by vulgar passes and every bodies Discourse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says Menander High Probability is the second degree of Truth Sir J. Elliot of the West and Sir Tho. Wentworth of the North both in the prime of their Age and Wits both conspicuous for able Speakers clasht so often in the House and cudgel'd one another with such strong Contradictions that it grew from an Emulation between them to an Enmity The L. Treasurer Weston pick'd out the Northern Cock Sir Thomas to make him the King's Creature and set him upon the first step of his rising which was Wormwood in the taste of Elliot who revenged himself upon the King in the Bill of Tonnage and then fell upon the Treasurer and declaimed against him That he was the Author of all the Evils under which the Kingdom was opprest Some body must bear that Burden as the Duke had done yet this Lord was not like to be the man who had been in his great Place but about six months

had even his Books were seized and he deprived of his Library He could not fight without his Arms or how could the Bell ring out when they had stoln away the Clapper Baronius pitties Photius whom he could not abide for sustaining that hard usage an 871. p. 14. and brings him in complaining to his unkind Lord Basilius of whom he had deserved better Libris privati sumus novâ in nos excogitatâ poenâ librorum amissio non est poena in corpus sed in animam But hear himself speak Epist 97. of Bishop Montague's Edition that Constantine had censur'd some Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Yet he spoiled them not of their Goods nor deprived them of their Books But the Bishop of Lincoln found not that mercy because he might be indefensible and bear the Reproaches that fell thick upon him Even sorry Clerks came into the Lists when they knew they should not meet the Champion Children talk most when they can speak least sence Among these was a Doctor like Theophrastus's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Ardelio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that will be a Guide to Travellers when he knew not a foot of the way He thrust out his Altare Christianum to revile his Master and his Patron for the Bishop in his great Office had protected him against a Justice of Peace who had served this Doctor with a Warrant for some Misdemeanors the then L. Keeper put the Justice out of Commission for it and made this Doctor a Justice in his place took him to be his Chaplain kept him often by some months together in his House bestowed on him a Prebend in Lincoln Church commended him to the L. Chamberlain to swear him the King's Chaplain in ordinary and prevailed Indeed the Dr. lost some favour with the Bishop at last because he was a Tell-tale and made needless Complaints against his Brethren In those black days when the Bishop was over-clouded this man strikes at him with all the force of his no-great Learning Want makes men busie and industrious the man wanted Preferment for he would not have been so fierce if he had been full The Puritans might sit still and look on when the King 's Chaplains were allowed and preferred for their forwardness to do disgrace against a Bishop There was a time when those factious Romans were most extolled that cried down their honourable Patricians Quae res Marii potentiam peperit reip ruinam Match Resp lib. 1. c. 5. Now if these two Doctors think they got the Garland because no Answer was made to their Books let them wear it if they desired work to write more and to get Mony by the Press like the diurnal Scribler they were disappointed And well did Camerarius content himself not to defend Melancthon against the Flaccians because it was in vain to meddle with them they had no Forehead to be ashamed if they were convicted Et ad unum probrum statim erant quae adjicerentur decem So far if not too far upon the Bishop's Letter and his Book The Holy Table to set some Ceremonies in order in the Church of Grantham and I will listen to Sidonius lib. 8. c. 1. Post mortem non opuscula sed opeea pensanda We are to consider after a good man's Death his Works of Bounty and Mercy rather than his Books of Controversie 107. It was not Art but Power it was not a Book but a Bill that crush'd our stout Prelate All other Billows even to the Rage of his Enemies lifted him up but this sunk him Now I must bring his Boat to the Tower-wharf the worst landing-place in all the River 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Court and Court-luck for Company from that day forward farewel he never more lookt for good from you Here 's as much occasion to open a wide Gate to let in Complaint and Sorrow as any case will afford upon the oppression and downfal of the most compleat Bishop that the Age afforded take him in the latitude of all his Abilities Yet Thankfulness was not sensible of the Good-turns he had done nor Honour of his Affronts nor Justice of his Wrongs nor Wrath of his Sufferings nor Charity of his Undoing If the Prosecution against him were fair and the Sentence righteous let him not be pitied nor the Blot wiped out from his Memory Se quisque ut vivit effert As he lived so let him hear well or ill being dead But he was so secure so ready to represent his Cause to the Judgment of the whole Kingdom that against a Parliament was call'd in April 1640. he drew up the whole matter of his Suits and Troubles in twenty sheets of Paper to offer it to that Honourable House for their severest Review And if his Remonstrance were a Clamour and not a just Complaint he invited his Judges to lay a new and a severer Censure upon him And it is fit that every Complainant should be devoved to that Court of Justice wherein he begins a Quarrel to suffer as much Penalty if he make not good his Bill as he would have those to undergo whom he challenged for his pretended Injuries Which was Roman Law in Symmachus's days Ep. p. 67. Provisum est ne quis temerè in alieni capitis crimen irrueret nisi se idem priùs poenae sponsione vinciret But it came not to that dint for this Parliament was bespoken four months before and was dissolved when it had met but three weeks A Duck could not hatch an Egg if she had sate no longer The opportunity therefore was prevented for the Plaintiff to make use of his Papers which were prepared for this Parliament Fortune had mock'd him if he had tryed her Courtesie at that time who is a true Handmaid to no Mistriss but Good-occasion Yet this Memorial of his Case which came not to their Hands but to mine so large so exact so fairly copied without expunction of a word without interlining or the least correction in the Margin is fortunately kept till now when so many noble Registries have been torn and embezzled in these consuming times to content both itching Curiosities and staid Judgments that would know the Truth out of which I will glean up faithfully a few handfuls and no more for these reasons First For the length it may pass for a Book and I affect not to make this Book swell with the incorporation of another Secondly The Press at London by hook or crook lights upon every man's Papers and doth license it self to publish them the more shame for them that are in power and do not mend it And to save me the pains Lincoln's Star-chamber-Trial will come ere long into the Fingers of some sharking Broker of Stationers-hall and be entred in there for his own Chattel as well as the Author's Prayers and Meditations made Anno 1621. for the use of L. M. B. which I glanced at in their due place which a bold fellow hath filed up in his

were living But though they are all under Earth Faith forbid that their Names should be abused to a wrong Report To keep History uncorrupt from such baseness 't is daintily observ'd out of the Poets by Salmasius Clymac p. 819. Apud orcum defunctae animae jurare dicuntur ne quid suos quos in vitâ reliquerint contra fas adjuvent The Souls departed take an Oath not to help their surviving Friends against Justice But no such Protestation needs in this Cause There is a Petition to be produced written with the Hand of Dr. Walker a Gentleman living and well known wherein His Majesty is minded that he had cancell'd this Complaint and had given his Royal Hand to confirm it What could be more sure Yet it turn'd to nothing the Wound was never suffer'd to heal by the daily Whispering of Bishop Laud diligent in the King's Ear. You may read of one in Suetonius's Caligula Cui ad insaniam Caius favebat So the King suffer'd this Prelate in excess of Power to turn and return Causes as he would and was obnoxious by the bewitching of his Tongue to facility of Perswasions to grant and retract as he possest him Which was seen too late in this excellent Passage of His Majesty in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I wish I had not suffer'd mine own Judgment to be overborn in some things more by others Importunities than their Arguments As Erasmus wrote honestly to a mighty Monarch Harry the Eighth Ep. p. 74. Eximia quaedam inter mortales res est Monarcha sed homo tamen And with much liberty our Poet Johnson in his Forrest p. 815. I am at feud With that is ill tho' with a Throne endu'd The Faults of the Blessed Charles were small yet some he had who having assured Lincoln he should never be question'd again about the matter brought against him by Lamb and Sibthorp yet remitted it to the star-Star-chamber The Defendant conceived it would spend like a Snail or the untimely Fruit of a Woman but when he found himself deceiv'd and that the Cause was glowing hot in Prosecution he sought the King's Clemency Quaedam enim meliùs fugiuntur quàm superantur it is in Erasm Ep. p. 18. He thought it better to fly the Trial than to get the Cause and he put up this which follows into the Hands of His Majesty The Humble Petition and Submission of John Bishop of Lincoln c. THAT although he is innocent from any Crime committed against your Majesty in thought word or deed yet abhorring as he finds by Presidents all other Bishops of this Realm have done Placitare cum Domino rege to have any Suit with his Sovereign Lord Master and Patron he casts himself in all humility at Your Majesties Feet and implores your Royal Mercy and Clemency Non intrare in judicium cum servo tuo coveting to ascribe his Deliverance to Your Majesties Clemency And whereas your most Excellent Majesty having in the fourth year of your happy Reign received the Opinion of the four Lords Committees concerning these very self-same Charges did in your Majesties Gallery at Whitehall admit this Defendant brought in by the Right Honourable the Lord Treasurer one of the said Committees to kiss your Majesties Hand and did use unto him this Defendant in the presence and hearing of the said Right Honourable Lord these gracious words That your Majesty was pleased to forgive all that was past and would esteem of this Defendant according as he should deserve by his Service for the time to come He most humbly beseecheth your most Excellent Majesty that according to that so gracious Remission and Absolution no further Prosecution at your Majesties Suit may be used against him concerning the said Charges all which he doth the rather hope for from your Majesty because he is a Bishop that hath endeavoured not to live scandalously in his Calling and hath formerly had the Favour from Almighty God with his own Hands to close your Majesties Father's Eyes and to have written and drawn up that Commission and Contract for your Majesties Marriage whereupon ensued to this Kingdom a most unvaluable Blessing and heartily prayeth that God who hath delivered your Majesty from your late Sickness may bless you in all Health Happiness and Prosperity So far the Petition I will not teach the Reader what Sallads to pick out of it but only the Herb of Grace that the Bishop kist the King's Hand upon the assurance of his Peace that the Offence which was taken was buried and should never rise up in Judgment more Nihil periculi Soloni à Pisistrato Diog. Laert. Now who ever liked Julian the Cardinal that made Ladislaus K. of Polonia break his League with the Turk And who will defend B. L. that made his Soveraign break his word with his Subject It was he and none else that put in an unseasonable Bar to hinder Lincoln the fulness of the Benefit I know none that had the nearest part in B. L's Favour that can deny it And let them turn it about as they will is it possible they should excuse it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is Theodoret's Ep. 2. Children see no uncomeliness in their Parents But although they will see no ill in the Person they must in the Fact For what a Trespass is this in Justice to punish that which was forgiven Let the King do Righteous Judgment like God in whose Throne he sits before whom this holds inviolable Peccata dimissa nunquam redeunt No not original Sin when remitted in Baptism it shall not be imputed to them any more that are damned for actual Crimes whereof they did not repent So Grotius cites it out of Prosper in Matth. c. 18. v. 34. Extinctam semel obligationem non reviviscere sed propter postrema crimina affici The most that seems to be against this Rule but falls in with it is this That when former Sins are forgiven and new ones are superadded the latter shall be punish'd the more for the ungratefulness of the Sinner Non quod jam remissa puniantur sed quod sequens peccatum minùs graviter pun●retur si priora remissa non fuissent says Maldonat My Sentence is at the last of all with Syracides c. 29.3 Keep thy word and deal faithfully revoke not your Kindness pluck not up the Seeds of a Benefit which you had sown with your own Hand It is worse to turn Mercy than Justice into Wormwood 111. Destiny is unavoidable A Bill is filed in the Star-Chamber and prosecuted for the King for Revealing his Councils The Defendant made him ready for his Answer and plyed the King with Petitions together in Parody like Virgil's Aeneas Et se collegit in arma Poplite subsidens At first he tried Bishop Laud if he would be so generous as to heal the Wound that he had made and anointed him with the Weapon-Salve of remembrance of Friendship past and protestation of the like for ever he courted him to

on whose silent consent the Bishop had not to awaken the King that he would look upon these Courses that cried abroad to the amazement of his Subjects All wish it done and the Bishop did not fear to do it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is Theodorets stout Divinity Ep. 21. Under the hand of God there is no remedy but patience suffering under the hand of Man the best Remedy is Courage So he stept forward to his Majesty with the confidence of this Petition To the King 's most Excellent Majesty c. THat if your Majesty be not pleased to accept as yet of his humble Submission for his Peace your Majesty would graciously vouchsafe not to interrupt but to permit the Petitioner to proceed according to the ordinary Rules and Course of the Court of star-Star-Chamber against Kilvert the Sollicitor for his manifold Falshoods and Injuries in the Prosecution of this Cause particularly first for menacing and frighting your Petitioners Witnesses 2. For publickly defaming this Petitioner to be your Enemy averring that neither he nor any of his did know what the name of a King meant 3. For offering to sell the Prosecution of your Majesties Cause against this Petitioner for Money and because this Petitioner refused to tamper with him in that kind for procuring base People to make false and aspersing Affidavits to incense your Majesty and that Court against your Petitioner 4. For menacing the Judges that should report and certifie any thing for your Petitioner 5. For not sparing to tax most falsly your most Sacred Majesty with pressing upon the Lords the Sentencing of your Petitioner All which the Petitioner will clearly prove and pray to God c. So strong an Accusation upon such foul Heads was fit to be sifted especially upon the last Branch For grant it was a lye here 's a false Report raised against the King's Honour If it were true what more criminal than to impart such Secrets of his Majesty 's to his Gossips at a Tavern where they flew abroad But some may more safely steal a Horse than others look over the Hedge The Bishop could get no leave to call this shameless Mate to an answer From that day Kilvert was free from Righteousness and might do any thing Ipse sibi Lex est quà fert cunque voluntas Praecipitat vires Manil. lib. 5. He that hath no Conscience and need to fear nothing will turn a Monster So true is that of Livy Dec. 1. lib. 4. Hominem improbum non accusari tutius est quàm absolvi 'T is safer to have a nocent Person never accus'd than to have him discharg'd for an Innocent 113. For all this the Defendant thought he had said so much against the Prosecutor that he should never appear in Court again But as Calvin said of Bucer Ep. 30. Qui sibi est optimè conscius securior est quam utile sit Yet he proved against him as foul a prank as ever was committed That he got Warren the Examiner to the Fountain Tavern near to Shoe-Lane Kilvert's daily Rendezvouz from whence the Bishop got continual and sure intelligence and fetch 't out of him contrary to his express Oath the Depositions which the Defendants Witnesses had made an heinous wrong to be done before Publication which coming to light Warren fled away from his Office and never appeared more But whether could he run from God's Vengeance Omnia quidem Deo plena sunt nec ullus perfidis tutus est locus Sym. p. 54. Kilvert stood to it as if the sin were not his that drew the Examiner to Perjury and no notice was taken of that constant Rule which the Casuists took from Tertullian de Bapt. c. 11. Semper is dicitur facere cui praemmistratur The Sin was Ahab's that purchast a Field of Blood by the Oath of the Sons of Belial Let Religion look to this for that Court would not nothing would lace it in it was so wide in the waste From this exorbitancy from this and nothing else sprung the Iliad of wrongs which the Bishop endured for Kilvert finding by Warren's disclosures that the Depositions for the Defendant were material and some of the Witnesses to be Learned men that had deposed upon Notes and Remembrances he turned himself into all shapes to crack their Credit At first he made an Affidavit of slight pretended Abuses which were over-ruled against him Whereupon he vapour'd in the hearing of the Register and divers others That he cared not what Orders the Lords made in Court for he would go to Greenwich and cause them all to be changed It was the most scornful Defiance that ever was given to the Honour and Justice of the Star-Chamber as the Bishop's Counsel prest it home Every one expected the Ruin of the Prosecutor yet the Lords perceiving up-upon the Archbishop's Motion that it was not safe to punish him it past over with a slight Submission One presaged the Ruin of the Athenian State because Rats had eaten up the Books of Plato's Commonwealth And might not a man that had no more Prophecy than Prudence foresee the Ruin of this Court when such a Rat-catcher did despise their Authority telling them he could fetch Orders to sweep away theirs from such Powers Quae nec tutò narrantur nec tutò audiuntur Seneca de Tranquil Sir Robert Heath Lord Chief Justice of the Common Pleas was but one of the Lords Assessors yet as just and sufficient as any of his order and the Indignity done to him was as if done to all Who made his own Complaint That Kilvert threatned to procure him to be turn'd out of his place for his forwardness Yet this also was slubber'd over with a little acknowledgment of Rashness So much were those honourable Persons now no longer themselves fearing that Severity which they perceived impending upon them As Pliny bewails the Roman Senate in his Panegyrick Vidimus curiam sed curiam trepidam elinguem cum dicere quid velles periculosum quod nolles miserum esset It was become like Ezekiel's Vine-tree c. 15. v. 3. you could not make a Pin out of it to hang a good Order upon it that was equal and generous Beshrew the Varlet that kept his word which he was not wont to do for Sir Robert Heath was displaced and for no Misdemeanour proved But it was to bring in a Successor who was more forward to undo Lincoln than ever the Lord Heath was to preserve him A man of choice parts which yet he shewed not in this Cause which cannot be smother'd without defacing the truth which Posterity must not want Desipiunt qui faeces ob v●ni nobilitatem absorbent The Dregs of the best Wine are but Dregs and must be spit out as distastful his Lordship's part cannot be spared in this Tragedy yet it shall be short because I will leave him to those Figures that live in the House of Memory 114. The main Bill against the Defendant being not like to

hold the quarrel broke out into a collateral Point the weighing of the Credit of Jo. Pregion a man that had enjoyed two O●lices of great account for divers years and was never questioned before this time in his Reputation So the Siege of Troy was forgot and the Battel was drawn out on both sides to get or to recover the Body of Patroclus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Il. ρ. The Bishop could not defend his first Cause without the Testimony of Pregion which made him diligent to keep his good Name from being stained and the Adversaries were as resolute to Impeach him looking to spring up a new Information from the Defence of the old Matter This tugg held eighteen Months to the Bishop's Vexation and Cost having spent as much upon it as would have founded an Hospital to keep twenty poor People The Archbishop took occasion upon the spinning out of so much time to blame the Defendant for Traverses and Delays a Course which the wisdom of Treasurer Weston had put into him and if it were bad to fly with his Grace's leave was it not worse to Persecute Baronius justifies the Christians that made escape from Heathen Tyrants with a good reason An. 205. p. 12. Qui non fugit cum potest adjuvat ejus iniquitatem qui persequitur The Exceptions against Pregion were referred to the Lord Chief Justice Richardson and Lord Chief Baron Damport which charged Pregion that he endeavour'd to lay a Bastard-Child of his own begetting upon another The two Judge having heard all that could be alledged pro and con disallowed the Exception and an order being drawn up for it when the Lord Richardson was about to sign it Kilvert most imperiously charg'd him not to do it till he had heard from the King The Judge whose Coat had been sing'd at the Court before stopt his Hand but delivered a Copy of the Certificate to the Bishop's Sollicitor and avowing he would maintain it that is to say if he durst but fear shook his Conscience out of him The Lord Damport would not vary from himself and charg'd his Brother Richardson freely with Inconstancy Of which Disagreement the star-Star-Chamber having notice added to these three more the Lord Chief Justice of the Common-Pleas Judge Jones and Judge Vernon These sitting together in the Lord Richardson's Lodgings Kilvert brought in Secretary Windebank among them though neither Referree nor Witness nor Party in the Cause who argued the Business an hour and half against the Bishop's Witness and perform'd it weakly for all men are not call'd to knowledge with their places as Is●crates would have us believe in his Areopag Oration that the Office of an Areopagite transform'd a man Ut tanquam loci genio afflatus ex ingenio suo migraret Budaeus in 1. lib. Pand. p. 283. The Secretary having done his part and shewn what was expected from White-hall departed The five Judges drew up a Certificate signed it and assured the Bishop all in general and one by one it should not be changed So said the L. F. among the rest but he sup't a Promise into his mouth and spit it out again This predominant Judge like a Falcon upon her stretches took home the Certificate with him and the Bishop with him who staid at his House till almost midnight because the Lord F. would not give him the Order till Kilvert had carried it to the Court to shew it to some body This was not fair for to be just and honest is so forcible that it should be done extempore not an hour should be borrowed to advise upon it Yet the Judge solemnly protested That he would dye rather than recede from it it being the sense and under the Hand of all his Brethren The Bishop being in a withdrawing Chamber read over the Order so often that by the benefit of a good memory he got it by heart verbatim and so departed to Bugden against Christmas-day About the midst of the Holy-days he heard by a good Hand that the Certificate was alter'd and all that Matter inserted which had been rejected by the Judges He came up in all haste to London and finding Judge Jones ask't him if these things were so Yes says he 't is true all is chang'd from white to black and your Friend the L. F. hath done all this A Friend he might call him if merit might have purchast him for whom the Bishop had done more than for any pleader in England when he was in great place Quae potest esse jucunditas sublatis amicitiis quae porrò amicitia potest esse inter ingratos The Bishop charging this Alteration upon the Judge to his Face he replyed Quod scripsi scripsi and would not hear Mr. Herbert the Defendant's Counsel who told the Judge with some passion That there was more matter for Examination of Witnesses couched in the new Certificate than was in all the Cause But the Bishop demanded calmly of that Lord that had alter'd all What he meant to use an old Acquaintance in that unheard of manner He answer'd and said the same to others He had been soundly chidden by his Majesty and would not destroy himself for any man's sake This Judge was worthy of greater Honours and did affect them Haud sanè aequo animo in secundo se sustinens gradu Curt. lib. 4. and not long after he got the Garland by being the most active of all his Rank to bring about the King's Undertakings chiefly against this forlorn Defendant but held not the place one full year From whence a Scholar may Contemplate upon those two Verses of Homer Il. ρ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whom God doth honour if with him you war The quarrel 's Gods your ruin is not far 115. By this time Kilvert put in Courage with these Stratagems is ready to proceed to examination of Witnesses Let me shew how he is armed like Pliny's Ichneumon lib. 8. Nat. Hist Mergit se limo saepiùs siccatque sole mox ubi plurimis eodem modo se coriis loricavit in dimicationem pergit He dips himself often in Mudd and every time crusts it hard in the Sun and being covered with this dirty Harnass he falls to fight with his Enemy All will run even in the application The Bishop is forced at an intolerable expence to tumble in person with his Lawyers and Sollicitors from place to place over six or seven Counties of the Kingdom The first Abuse done unto him in this course was to deny him several Commissions to dispatch his Troubles about the Witnesses which was never denied to any Subject before and to force him to take an Examiner of the Court whether he would or no. 2ly Every Defendant being allow'd to chuse which Examiner he likes best by the practice of that Court the Bishop pitch'd upon an ancient and experienc'd Clerk yet could not enjoy him for in conference with Kilvert he had said That in this Service he must be an indifferent

man Whereupon Secretary Windebank commands the Clerk of the Court by a Letter under the Signet to stay the Commission so order'd and to appoint another Examiner whom Kilvert did nominate Thirdly The same Secretary directed one Peachy a Messenger of the Chamber start not at it Reader for 't is true to attend Kilvert in his Coat of Arms all along with the Commission to apprehend and close imprison such as Kilvert should appoint pretending Matters of State and of deep consequence against them And Peachy did apprehend and close imprison in the face of the Commission Philip Pregion George Walker and Thomas Lund Witnesses for the Bishop and chased away most of the rest that durst not be seen for fear Those three Prisoners were brought to London to the Secretary who told them he had nothing against them but bade them give Satisfaction to Kilvert who could get no Liberty by his Masterships Leave till they had confessed Crimes against the Bishop and themselves which afterward they revok'd upon Oath Nor would he permit George Walker's Wife to see her Husband close kept by the Messenger but for a base Courtesie not to be named Is not the Wand of Mercury like to charm Witnesses to say and swear what they would have them when such Snakes as Kilvert and Peachy are twined about it If all this be not true though incomparably vile Aut Thetidi aut Veneris largire marito either wash the Book away or throw it into the Fire I meet with a mighty Concussion of Justice in Sidon Apol. lib. 5. c. 7. yet nothing so bad as this yet take it because it is the nearest to it upon Record Deputant arbitros judicanda dictant dictata convellunt attrahunt litigaturos protrahunt audiendos The French Mercury hath related strange Presidents from the Parliament of Grenoble let him match this if he can But the Bishop coming home from his Progress with Kilvert and the Examiner having sped his Commission in all haste Publication must be granted and the Bishop is served for a Hearing so he came prepared with excellent Counsel to defend a Cause which he feared the more because neither he nor his Counsel could see in a matter so violently pursued any thing to be feared But the King's Counsel having perused the Books spied more than Kilvert could see and found that the imaginary false News and blazing the King's Counsels were the damnable Invention and Conspiracy of Lamb Sibthorp All●n and Burden Much was urged to expunge all on the Bishop's part that laid a Combination of Villany to their charge because it did impeach the Credit of the King's Witnesses The L. F. prest it over and over which was but once and that fairly and modestly offer'd by the King's Counsel After a long Argument of five hours at the least the Court did all vote except the Archbishop and the L. F. that the Defence should remain undispunged for else an unavoidable Mischief would follow to all the King's Subjects that being accused by two desperate Witnesses they were remediless in that high Court if they may not be called in question by the Defendant for their Acts and Honesties The L. Coventry having gathered the Votes of the Court and being ready to pronounce the Order so much conducing to the good of all men the L. Finch desired their Lordships to take notice that his Opinion continued contrary to them all Quibusdam evenit ut quaedam scire se nesciant Sen. Ep. 7. Nay such Spleen was conceived at this just Order that though the L. Keeper had pronounced it the Register had drawn it up a Copy of it given to the Defendant yet so precious a Rule for the common Safety of all honest men durst never be enter'd into the Book to this day Yet this Order though smother'd and buried made an end of this first Cause for the Combination of the four Contrivers was not held meet to come abroad into pleading who would have fallen to pieces with a little shaking that thought to lay the dead Child in the Bishop's Bosom while he slept but their Patron had a care to keep them from Scandal and that they knew As Hegesippus says of Mariamne the Wife of Herod the Great Secura quod nihil ab eo exitii perpeti possit qui supra modum dilexit So these were the bolder to come off untouch'd under the shelter of that Favour that did never forsake them 116. Of a sudden by the perswasion of some noble Lords the King began to grow milder to the Bishop Et reserata viget vegetabilis aura Favoni Lucret. His Majesty hearkened to some Conditions to have all Bills against the Bishop cast out and to let him purchase his Peace with his Purse Some would disswade Lincoln from it because to buy a Pardon was to confess a Guiltiness A Nicety says Xenophon that cost Socrates his Life Apol. pro. Socr. who would pay no Fine to the Court of Athens nor suffer any to be paid in his Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He said To be acquit with a Ransom was to confess a Crime The like was told me by the Lady Eliz. Hotton That the Lord Cook was offered his Place in the Kings-bench from which he had been removed if he would bind himself in again with a Golden Chain But he stood upon a Rule made by his own Wisdom That a Judge must not take a Bribe nor pay a Bribe Our Bishop's Resolution stuck not in those Briers who saw that this Offer proceeded out of the streights of his Occasions Though no Evil were found in him yet if the King's Power contest who can stand upright And if Malice will take no satisfaction but Ruin the most innocent must fall The L. Keeper a good man was over-balanc'd the star-Star-chamber was become like the Tribunal of L. Cassius Scopulus reorum Tacit. Annal. l. 13. a Rock that split all Causes that lately came into it in pieces The Archbishop thought not himself absolute till this man was unprelated and cared not what he cast at him so he might hit him home As Grotius accuseth the Spaniards that they are so set upon Revenge Ut in hostem nihil turpe sit nihil illicitum An. Belg. p. 5. He feared the L. F. as much as any who in his private Chambers slasht and cut out from his Defences that which was most material to his Safety Et stylus non minùs agit cum delet says Quintilian He that puts out the Marrow of Defence is worse than he that puts in the Venom of an Accusation The Secretary was prepared for any Execution yet the Bishop gives him this Praise in his Notes That he was a modest and a virtuous Gentleman but in this Cause set on by his Maker Therefore the Bishop is content to satisfie the King's Demands that is to pitch and pay The first Condition brought to him by the L. Cottington was to part with 4000 l. with his Deanry and two inconsiderable

Xeno Ath. Resp 'T is pardonable for every man to help himself Nor was it an indirect way no not a jot for there was neither Perjury nor Contradiction found between the first and second Depositions of the Parties And what the Bishop did was by the advice of the best Counsel in England to draw up some few Interrogatories to be put to the four Witnesses only to interpret and not to vary from or to substract or contradict what they had deposed before For the words being ambiguous in themselves might be taken in one sense to Defame in another fence not at all to touch upon the credit of Pregion It was agreed that Pregion offer'd money to A. Tubb and Alice Smith to procure Eliz. Hodgson to lay the base Child upon another man this they had sworn this the Bishop never endeavoured to impeach But an interrogatory is drawn up and offer'd to them whether El. Hodgson was dealt with to lay it upon the right Father which was a just and lawful motion or upon some other whether he had been the Father or no. They both answer That Pregion sollicited her to lay it upon another that was the true Father And this variation is all the Offence that is none at all in that particular And in that right meaning Sir J. Wray Sir J. Bolls and Richardson the Clerk of the Peace did receive it in the Sessions This Practice so little as it is is the grand Objection all beside comes not to so much as a filip on the Forehead For instance one Ward swears that he heard a Servant of the Bishop C. Powel offer Alice Smith Monies to take an Oath of his framing but Alice swears directly it was not so Powel swears he offer'd and paid her Money to bear her Charges as a Witness which is fit and lawful Nec ist a benignitas adimenda est quae liberalitatem magis significat quàm largitionem Cic. pro Murenâ T. Lund takes his Oath That Pregion told him that he never had touch'd El Hodgson but twice Being demanded hereof more strictly in his examination in the Star-chamber he swears That Pregion did not say to him that he touch'd her carnally nor did he know what he meant by touching Is there either substraction or contradiction in this or any more than a plain interpretation Lastly Wetheral had deposed That he was entreated by Pregion not to be at the Sessions He stands to it but adds that he was not bound to be there nor summoned He had deposed That Pregion spake to him to swear to no more than the Court should ask him What harm was there in that Caution Being examined in Star-chamber he swears That Pregion tempted him to nothing by Bribes or Reward but that he told him if he were sworn to tell the whole Truth he would not conceal it Only one Witness George Walker layeth it on the Bishop how Powel and Richard Owen entreated him in the Bishop's Name to speak with Witheral upon these matters which though it include no ill yet Owen and Powel depose They were never employed by the Bishop to deal with G. Walker upon such an Errand So the Bishop is cleared in every Information by sufficient Oaths of such against whose Faith there was no exception How easie a Province had the Defendant's Counsel to crumble these Impeachments into Dust and to blow them into the Eyes of the Impeachers Verba innocenti reperire facilè est Curt. lib. 6. Yet the Oratory of the Court by pre-instructions did turn them into filthy Crimes As Irenaeus says in the beginning of his Work That out of the same Jewels which being handsomly put together make the Image of a Prince being taken asunder you may contrive them into the Shape of a Monster 119. Could it be expected that such Driblets or rather Phantoms of Under-dealing with Witnesses should hold the Court ten days hearing in the long Vacation after Trinity-Term What leisure was taken to bolt out to exaggerate to wrack to distort to make an Elephant of a Fly which I may justly pour forth in the words of Tully for his Client Quintius de fortunis omnibus deturbandus est Potentes diserti nobiles omnes advocandi Adhibenda vis est veritati minae intentantur pericula intenduntur formidines opponuntur But here were worse things which the Oratour had never cause to complain of under the Roman Laws All the Depositions of the main Witnesses for the Bishop were deleted not fairly by a Hearing in open Court where their Lordships might every one have consider'd of it but were spunged out by that Judge in his private Chamber who was the bane of the Cause from the beginning to the end and forsooth because they were impertinent Scandals against Kilvert and others that had deposed for the King Only the Bishop was allowed to put in a cross Bill when it was too late after he was first ruin'd in his Honour Fortunes and Liberty and then lest to seek a Remedy against a Companion not worth a Groat And who was ever used like this Defendant since the star-Star-chamber sate that when his Cause was so far proceeded as to be heard in three sittings that two new Affidavits should be brought in by Kilvert which struck to the very substance of the Cause to which no Answer could be given because they were new matters quite out of the Books obtruded long after publication yet from thenceforth produced every day which seduced divers of the noble Lords and no doubt many of the Hearers as though they had been Depositions in that Cause which were not so but Materials of another information and in their due time were fully cleared and disproved When was it known before that in every of the ten days that the Cause was in debate a Closet-meeting was held at Greenwich the Lords sent for to it one by one the Proofs there repeated to them and their Votes bespoken Which was no better than when Junius Marius in Tacitus bespake the Emperor Claudius to impart his private Commentaries unto him Per quos nosceret quisque quem accusandum poposcisset And between the full hearing and sentencing the Cause the Lords were well told a Passage That a noble Personage had offered Ten thousand pounds to compound for the Bishop's Peace which is true that the Duke of Richmond did it when he saw how the Game went in the Cabinet Which was the very reason that induced their Lordships to lay such an immense Fine upon a Fault conceiv'd that was never sentenc'd in any Kingdom or State before Yet all this did not suffice but in that morning of the day when the Cause was sentenc'd it was first debated in an inner Chamber so long till many hundreds waited for their coming forth till high noon wherein Agreement was concluded by all Parties before they sate There and then it was that the Archbishop press'd for the degradation of his Brother Bishop and his deportation God knows whither Now

to decline that Extremity the most of the Lords who endeavour'd to do all the Favour that they durst shew concluded upon a Fine of 10000 l. Imprisonment in the Tower during Pleasure which had been but short as they were assured before if the King had been but left to his own gracious Gentleness and to be suspended during Pleasure in the High-Commission-Court from all his Jurisdiction Which Suspension pass'd in that Commission July 23. And it would not be pass'd over that Sir Ed. Littleton then L. Chief-Justice of the Common-Pleas Anno 1640. in the Month of July brought Lincoln to Lambeth face to face with the L. of Canterbury when Lincoln told his Grace That the Commission under the Great Seal had not a word in it to enable him to suspend either Bishop or Priest by direction from a Sentence of Star-chamber but only for Offences specified in the Commission and that the Fact which His Grace had done had brought him and the Commissioners into a Praemunire To which the Archbishop answered That he had never read the Commission A learned Satisfaction Was it not when he had censur'd so many by the Power of that Commission which he confest he had never read But consider now as Isocrates pleaded it well ad Plat. p. 456. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whether it be right to inflict such unjust and grievous Penalties upon such petty pretended Misdemeanors Or did not the Latin Orator provide better against it Cic. 1. de Off. Cavendum ne major poena quàm culpa sit ne iisdem de causis alii plectantur alii ne appellentur quidem And let those who meet with this Narration be acquainted that albeit the Compact was in the Inner Chamber that the Lords should speak all the same in their Judgment yet a little Vanity slipt from some few to ease their Stomach The L. Finch said That if it had liked others he would have laid some Ignominy on the Bishop's person Promptum ad asperura ingenium Tac. An. lib. 1. So this Lord look'd on the Bishop's Cause not only with a blear'd but with a blood-shotten Eye for it was conceived he meant the cutting off his Ears who had never sate a Judge in all likelihood if this Bishop being then L. Keeper had not prevented him from leaving his Calling and travelling beyond Seas from which courses he kept him by fair Promises to provide for him and he made them good I will name the time and place Aug. 1621 and the Earl of Exeter's House in St. John's Close Mr. Secretary Winnebanke said It was his desire if it might have seemed good to others to have the Bishop degraded Hold Sir Francis and learn the Canons of the Church it is not in the Power of Laymen to degrade Bishops at their discretion and as little can a Knight depose a Peer of the upper House of Parliament for he that can thrust a Bishop out of that House why not as well an Earl or a Duke But Sir Francis shewed his Good will as the Athenians did to Philip the Son of Demetrius in Livy Additum est decreto ut si quid postea quod ad noxam ignominiamque Philippi pertineret adderetur id omne populum Atheniensium jussurum Dec. 4. lib. 1. Then comes in the Archbishop with a Trick to hoise up the Bishop with some Praise that it might push him in pieces with a greater Censure That when he thought upon this Delinquent's Learning Wisdom Agility in Dispatch Memory and Experience that accompanied him with all these Endowments he wondred at his Follies and Sins in this Cause O Sins by all means for by dioptrical Glasses some find Blemishes in the Sun Telescopia fabri facimus ut in sole maculas quaeramus says Alex. More in his Preface to Strangius's learned Book So upon this matter his Grace took up no less than a full Hour to declaim against the horrid Sin of Perjury and in this Cause he might as well have spoken against the horrid Sin of Piracy So he lays all his Censure upon that Charge Spirat inexhaustum flagranti pectore sulphur as Claudian of Enceladus The Auditors thought he would never have made an end till at last he pleaded for more Right to be done Sir J. Mounson The Lords let me say it freely and truly had overshot themselves to fine the Bishop to pay Sir John a Thousand Marks for saying that his Charge against Pregion was a Pocket-Order It is confess'd the Bishop said so and said the Truth But beside the Bishop pleaded that he heard it of T. Lund Lund stands to it that he told it the Bishop yet the Bishop is censur'd and Lund that took it upon himself is not question'd But the L. of Canterbury who did ever mount highest in all Censures said He was sorry the Fine was not a Thousand pounds 120. This is the shutting up of the Censure grievous to the Bishop's Purse and Liberty but not a whit to his Honour and Good Name which was so esteem'd by almost all that heard the actings of that day and shook their Heads at them As Cicero says in pro Plancio Opimii calamitas turpitudo Po. Ro. non judicium putandum est I that write this was chosen to bring the relation of this Censure to the Bishop then hard at his Study which he received with no change at all of his Countenance or Voice but only said Now the Work is over my Heart is at rest so is not many of theirs that have censured me And here began the way to Episcopal Disgrace and Declension It was his turn now it was Canterbury's not long after Howl Fir-tree for the Cedar is fallen Zech. 11.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Salmasius of the Elephant and Dragon in Solinum p. 307. The Vanquish'd was cast down and the Conqueror fell likewise When such a Pillar of the Church was demolish'd with Prosecutions so uncover'd to every Eye so transparent that you might see the Blush of Injustice quite through them how ominous was it to the higher and lower Dignities of the Clergy As Mr. Morice says in his Coena 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 354. Perhaps it may be with them as with Staddels in a Wood which scarce ever prosper when their fellows are cut down and themselves left naked And what became in three years or little more of that Honourable Court of star-Star-chamber of which the L. Coke says That in the right institution and the ancient Orders of it being observ'd it keeps all England in quiet But in some late Causes it grew distasteful even to wonder as in that of the Soap-boilers and that of London Derry that of Mr. Osbolston nay in that of Prynn Bastwick and Burton men not to be favour'd in the matter of their seditious Writings but for their Qualities and Places sake to be pitied for the Indignity done to their Persons which I receive from a wise Hand Bodin de Rep. l. 6. c. 6. Legibus

Bishops Dispensations only but Mandates also And those Bishops have been fined at the Kings Bench and elsewhere that absented themselves from Councils in Parliament without the King 's special leave and licence first obtained Thirdly When they are forbidden interesse to be present the meaning is not in the very Canons themselves that they should go out of the room but only that they should not be present to add Authority Help and Advice to any Sentence pronounced against a particular or individual Person in cause of Blood or mutilation If he be present auctorizando consilium opem vel operam dando then he contracts an irregularity and no otherwise saith our Linwood out of Innocentius And the Canon reacheth no further than to him that shall pronounce Sentence of Death or Mutilation upon a particular Person For Prelates that are of Counsel with the King in Parliament or otherwise being demanded the Law in such and such a Case without naming any individuum may answer generaliter loquendo That Treason is to be punisht with Death and a Counterseiter of the King's Coin Hostien lib. 2. eap de fals monet allowed by John Montague de Collatione Parliamentorum In Tracta Doctor Vol. 10. p. 121. Fourthly These Canons are not in force in England to bind the King's Subjects for several Reasons First Because they are against his Majesty's Prerogative as you may see it clearly in the Articles of Clarendon and the Writ of Summons and therefore abolished 25 H. 8. c. 8. It is his Majesty's Prerogative declar'd at Clarendon that all such Ecclesiastical Peers as hold of him by Barony should assist in the King's Judicatures until the very actual pronouncing of a Sentence of Blood And this holds from Henry the First down to the latter end of Queen Elizabeth who imployed Archbishop Whitgist as a Commissioner upon the Life of the Earl of Essex to keep him in Custody and to examine him after that Commotion in London And to say that this Canon is confirm'd by Common Law is a merry Tale there being nothing in the Common Law that tends that way Secondly It hath been voted in the House of Commons in this very Session of Parliament That no Canons since the Conquest either introduced from Rome by Legatine Power or made in our Synods had in any Age nor yet have at this present any power to bind the Subjects of this Realm unless they be confirmed by Act of Parliament Now these Canons which inhibit the Presence of Church-men in Cause that concerns Life and Member were never confirm'd by any but seem to be impeach't by divers and sundry Acts of Parliament Thirdly The whole House of Peers have this very Session despised and set aside this Canon Law which some of the young Lords cry up again in the same Session and in the very same Cause to take away the Votes of the Bishops in the Case of the Earl of Strafford For by the same Canon Law that forbids Clergy-men to Sentence they of that Coat are more strictly inhibited to give no Testimony in Causes of Blood Nee ettam potest esse test is vel tabellio in causâ Sanguinis Linw. part 2. sol 146. For no Man co-operates more in a Sentence of Death than the Witnesses upon whose Attestation the Sentence is chiefly past Lopez pract crim c. 98. distl 21. and yet have the Lords admitted as Witnesses produced by the House of Commons against the Earl of Strafford the Archbishops of Canterbury and Armagh with the Bishop of London which Lords command now all Bishops to withdraw in the agitation of the self same Case Bishops it seems may be Witnesses to kill ont-right but may not sit in the Discussion of the Cause to help in case of Innocency a distressed Nobleman Whereas the very Gothish Bishops who first invented this Exclusion of Prelates from such Judicatures allow them to Vote as long as there is any hope left of clearing the Party or gaining of Pardon 4. Conc. Tol. Can. 31. And by the beginning of that Canon observe the use in Spain in that Age Anno 633. as touching this Doctrine Saepe principes contra quoslibet majestatis obnoxios Sacerdotibus negotia sua committunt Binnius 4. Tom. Can. Edit ult p. 592. Lastly In the Case of Archbishop Abbot all the great Civilians and Judges of the Land as Dr. Steward Sir H. Martin the Lord Chief Justice Hobart and Judge Doderidge which two last were very well versed in the Canon Law delivered positively when my self at first opposed them That all Irregularities introduced by Canons upon Ecclesiastical Persons concerning matters of Blood were taken away by the Reformation of the Church of England and were repugnant to the Statute 25 II. 8. as restraining the King 's most just Prerogative to imploy his own Subjects in such Functions and Offices as his Predecessors had done and to allow them those Priviledges and Recreations as by the Laws and Customs of this Realm they had formerly enjoy'd notwithstanding the Decree de Clerico venatore or the Constitution nae Clerici Saeculare c. or any other in that kind 150. The only Objection which appears upon any Learning or Record against the Clergies Voting in this Kingdom in Causes of Blood are two or three Protestations entred by the Bishops among the Records of the upper House of Parliament and some few Passages in the Law-Books relating thereunto The Protestation the Lords now principally stand upon is that of William Courtney Archbishop of Canterbury 11 Rich. 2. inserted in the Book of Priviledges which Mr. Selden collected for the Lords of the upper House In the Margin whereof that passage out of R. Hovenden about which we spake before about Clergy-mens agitation of Judgments of Blood is unluckily inserted and for want of due consideration and some suspicion of partial carriage in the Bishops in the case of the Earl of Strafford hath been eagerly pressed upon the Bishops by some of the Lords in such an unusual and unaccustomed manner that if I my self offering to speak to this Objection had not voluntarily withdrawn the rest of the Bishops and I had been without hearing voted out of the House in the agitation of a Splinter of that Cause of the Earl of Strafford's which came not near any matter of Blood An act never done before in that honourable House and ready to be executed suddenly without the least consideration of the merit of the Cause The only words insisted upon in the Protestation of Courtney's are these Because in this present Parliament certain matters are agitated whereat it is not lawsul for us according to the Prescript of holy Canons to be present And by and by after they say These matters are such in the which Nec possumus nec debemus interesse This is the Protestation most stood upon That of Archbishop Arundel 21 Rich. 2. is not so full and ample as this of Courtney's For the Bishops going forth left their Proxies with the

refuse to concurr with the Parliament nay if he took more time to deliberate upon it it would be worse for the Earl and he would come to a more unhappy Death for an Hellish Contrivance was resolved upon just as in St. Paul's case Acts 23.15 the Zealots that had vowed Paul's death laid the Plot with the Priests and Elders to signisie to the Captain to bring him down to enquire somewhat more perfectly concerning him and ere ever he came near they would fall upon him The condemn'd Earl when he heard of this was no longer fond of Lise but sent word to the King that he was well prepared for his End and would not his gracious Majest y should disquiet himself to save a ruin'd Vessel that must sink A valiant Message and sit for so great a Spirit Loginus notes acutely that when Ajax was to combat with Hector he begg'd some things of such Gods as he call'd upon but to escape with life was not in his Prayer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It was beneath a Graecian Heroe to desire Life It being therefore to no purpose to dispute what was the best Remedy to save this Lord when there was none at all the House of Lords nominate four Prelates to go to His Majesty to propound how the Tenderness of his Conscience might safely wade through this insuperable dissiculty these were L. Primate Usher with the Bishops Morton Williams Potter There was none of those four but would have gone through Fire and Water as we say to save the Party which being now a thing beyond Wit and Power they state the Question thus to the King sure I am of the Truth because I had it from the three former Whether as His Majesty refers his own Judgment to his Judges in whose Person they act in Court of Oyer Kings-bench Assize and in Cause of Life and Death and it lies on them if an innocent man suffer so why may not His Majesty satisfie his Conscience in the present matter that since competent Judges in Law had awarded that they found Guilt of Treason in the Earl that he may susser that Judgment to stand though in his private mind he was not satisfied that the Lord Strafford was criminous for that juggling and corrupt dealing which he suspected in the Proofs at the Tryal and let the Blame lye upon them who sate upon the Tribunal of Life and Death The four Bishops were all for the ashrmative and the Earl took it so little in ill part that Reverend Armagh pray'd with him preach'd to him gave him his last Viaticum and was with him on the Scassoid as a Ghostly Father till his Head was severed from his Body 154. Indeed His Majesty in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth seem to represent it as if he did not approve what he received from the four Bishops at that Consultation And I will leave such good men to his Censure rather than contradict any thing in that most pious most ravishing Book which deserves as much as Tully said of Crassus in his Brutus Ipsum melius potuisse scribere alium ut arbitror neminem Perhaps the King could have wrote better but I think no man else in the three Kingdoms What a venomous Spirit is in that Serpent Milton that black-mouth'd Zoilus that blows his Vipers Breath upon those immortal Devotions from the beginning to the end This is he that wrote with all Irreverence against the Fathers of our Church and shew'd as little Duty to his Father that begat him The same that wrote for the Pharisees That it was lawful for a man to put away his Wife for every cause and against Christ for not allowing Divorces The same O horrid that desended the lawfulness of the greatest Crime that ever was committed to put our thrice-excellent King to death A petty School-boy Scribler that durst graple in such a Cause with the Prince of the learned men of his Age Salmasius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Eunapius says of Ammonius Plutarch's Scholar in Aegypt the Delight the Musick of all Knowledge who would have scorn'd to drop a Pen-full of Ink against so base an Adversary but to maintain the Honour of so good a King whose Merit he adorns with this Praise p. 237. Con. Milt De quo si quis dixerit omnia bona vix pro suis meritis satis illum ornaret Get thee behind me Milton thou savourest not the things that be of Truth and Loyalty but of Pride Bitterness and Falshood There will be a time though such a Shimei a dead Dog in Abishai's Phrase escape for a while yet he and the Enemies of my Lord the King will fall into the Hands of the Avenger of Blood And that Book the Picture of King Charles's innocent Soul which he hath blemish'd with vile Reproaches will be the Vade Mecum of godly persons and be always about them like a Guardian Angel It is no marvel if this Canker-worm Milton is more lavish in his Writings than any man to justifie the beheading of Strafford whom good men pray'd for alive and pitied him dead So did the four Bishops that I may digress no longer who pour'd the best Oyl they could into the King's Conscience to give him Peace within himself when the main Cause was desperate and common Fury would compel him in the end to sacrifice this Earl to the Parliament Things will give better Counsel to men than men to things But a Collector of Notes W. Sa. hath a sling at the Bishop of Lincoln his quill hits him but hurts him no more than if it were a Shuttle-cock with four Feathers Forsooth when those four Bishops were parting from the King he put a Paper into His Majesty's Hand and that could be nothing else but an Inflammatory of Reasons more than were heard in publick left the King should cool and not set his Hand to the fatal Warrant This Author was once in the right p. 154. of his own Book That it becomes an Historian in dubious Relations to admit the most Christian and Charitable Pessumè it is optimè herclè dicitis Plaut in Pen. But this Case needs no Favour The Paper which that Bishop put into the King's Hands as he told me the next morning was an humble Advice to His Majesty why he should not give the Parliament an indesinite time to sit till both Houses consented to their own dissolution Was not this faithful Counsel For what could the King see in them who had been so outragious already to stand out the trial of their wavering Faith Trust should make men true Says Livy lib. 22. Vult sibi quisque credi habita fides ipsam plerumque fidem obligat But a number of these men cared not for moral Principles they were all for the Scriptures and they read them by new Lights The King had too much Faith and they had no Good Works What magnanimous Prince would bow so low to give the Keys of Government to so many Male-contents

Garbage That is in plain English the Priest must no longer receive Obligations from either King or Lords but wholly depend upon his Holy Fathers the Pope of Rome and the Pope of Lambeth or at least wise pay him soundly for their Dispensations and Absolutions when they presume to do the contrary In the mean time here is not one word or shew of Reason to inform an understanding man that persons in Holy Orders ought not to terrisie the Bad and comfort the Good to repress Sin and chastise Sinners which is the summa totalis of the Civil Magistracy and consequently so far forth at the least to intermeddle with Secular Affairs And this is all that I shall say touching the Motive and Ground of this Bill and that persons in Holy Orders ought not to be inhibited from intermeddling in Secular Astairs either in point of Divinity or in point of Conveniency and Policy 163. The second Point consists of the Persons reflected upon in this Bill which are Archbishops Bishops Parsons Vicars and all others in Holy Orders of which point I shall say little only finding these Names huddled up in an Heap made me conceive at first that it might have some relation to Mr. 〈◊〉 Reading in the Middle Temple which I ever esteem'd to have been very inoffentively deliver'd by that learned Gentleman and with little discretion question'd by a great Ecclesiastick then in Place for all that he said was this That when the Temporal ●ords are more in Voices than the Spiritual they may pass a Bill without consent of the Bishops Which is an Assertion so clear in Reason and so often practis'd upon the Records and Rolls of Parliament that no man any way vers'd in either of these can make any doubt of it nor do I though I humbly conceive no Pre●ident will be ever sound that the Prelates were ever excluded otherwise than by their own Folly Fear or Headiness For the point of being Justices of Peace the Gentleman confesseth he never meddled with Archbishops nor Bishops nor with any Clergyman made a Justice by His Majesty's Commission In the Statute made 34 Edw. 3. c. 1. he finds Assignees for the keeping of the Peace one Lord three or four of the most valiant men of the County the troublesome times did then so require it And if God do not bless us with the riddance of these two Armies the like Provision will be now as necessary He finds these men included but he doth not find Churchmen excluded no not in the Statute 13 Rich. II. c. 7. that requires Justices of Peace to be made of Knights Esquires and Gentlemen of the Law of the most sufficient of each County In which words the Gentleman thinks Clerks were not included and I clearly say by his favour they are not excluded nor do the learned Sages of the Law conceive them to be excluded by that Statute If the King shall command the Lord Keeper to fill up the Commissions of each County with the most sufficient Knights Esquires and Gentlemen of the Law shall the Lord Keeper thereupon exclude the Noblemen and the Prelates I have often in my days received this Command but never heard of this Interpretation before this time So that I cannot conceive from what ground this general Sweepstake of Archbishops Bithops Parsons Vicars and all others in Holy Orders should proceed I have heard since the beginning of my Sickness that it hath been alledg'd in this House that the Clergy in the Sixth of Edw. 3. did disavow that the Custody of the Peace did belong to them at all and I believe that such a thing is to be sound among the Notes of the Privileges of this House but first you must remember that it was in a great Storm and when the Waters were much troubled and the wild People unapt to be kept in order by Miters and Crosier-staves But yet if that noble Lord shall be pleased to cast his Eye upon the Roll it self he shall find that this poor Excuse did not serve the Prelates turns for they were compelled with a witness to defend the preservation of the Peace of the Kingdom for their parts as well as the Noblemen and Gentry And you shall find the Ordinance to this effect set down upon that Roll. I conclude therefore with that noble Lord's favour that the sweeping of all the Clergy out of temporal Offices is a motion of the first impression and was never heard in the English Common-wealth before this Bill 164. I come in the third place to the main part of this Cause the things to be severed from all men in Holy Orders which are as I told you of three kinds 1. Matters of Free-hold as the Bishops Votes in Parliament and Legislative Power 2. Matters of Favour to be a Judge in Star-chamber to be a a Privy-Councillor to be a Justice of Peace or a Commissioner in any Temporal Affairs 3. Mixt Matters of Free-hold and Favour too as the Charters of some Bishops and many of the ancient Cathedrals of this Kingdom who allow them a Justice or two within themselves or their Close as they call it and exempt those grave and learned men from the Rudeness and Insolency of Tapsters Brewers Inn-keepers Taylors and Shoe-makers which do integrate and make up the Bodies of our Country-Cities and Incorporations And now is the Ax laid to the very Root of the Ecclesiastical Tree and without your Lordships Justice and Favour all the Branches are to be lopt off quite with those latter Clauses and the Stock and Root it self to be quite grubb'd and digged up by that first point of abolishing all Vote and Legislative Power in all Clergymen leaving them to be no longer any part of the People of Rome but meer Slaves and Bond-men to all intents and purposes and the Priests of England one degree interiour to the Priests of Jer●boam being to be accounted worse than the Tail of the People Now I hope no English-man will doubt but this Vote and Representation in Parliament is not only a Freehold but the greatest Freehold that any Subject in England or in all the Christian World can brag of at this day that we live under a King and are to be govern'd by his Laws that is not by his arbitrary Edicts or Rescripts but by such Laws confirmed by him and assented to by us either in our proper Persons or in our Assignees and Representations This is the very Soul and Genius of our Magna Charta and without this one Spirit that great Statute is little less than litera occidens a dead and useless piece of Paper You heard it most truly opened unto you by a wise and judicious Peer of this House that Legem patere quam ipse tuleris was a Motto wherein Alexander Severus had not more interest than every true-born Englishman No Forty-shillings-man in England but doth in person or representation enjoy his Freedom and Liberty The Prelates of this Kingdom as a Looking-glass

but the Incapacity and as the Philosopher would call it the Natural Impotency imposed by this Bill on Men in Holy Orders to serve the King or the State in this kind be they never so able never so willing never so vertuous Which makes me draw a kind of Timanthes vail over this Point and leave it without any amplification at all unto your Lordships wise and inward thoughts and considerations The fifth Point is the Salvo made for the two Universities to have Justices of Peace among them of their own Heads of Houses which I confess to be done upon mature and just consideration For otherwise the Scholars must have gone for Justice to those Parties to whom they send for Mustard and Vineger But yet under favour the Reasons and Inducements cannot be stronger than may be found out for other Ecclesiastical Persons as the Bishop of Durham who was ever since the days of K. John suffered by the Princes and Parliaments of England to exercise Justice upon the Parties in those Parts as being in truth the King's Subjects but the Bishops Tenants and therefore not likely to have their Causes more duly weighed than when the Balance is left in the hand of their own proper Landlord The Case of the Bishop of Ely for some parts of that Isle is not much different But if a little Partiality doth not herein cast some little Mist before mine eyes the Case of the Dean and City of Westminster wherein this Parliament is now sitting is far more considerable both in the Antiquity extent of Jurisdiction and the Warrants whereupon it is grounded than any one of those places before mentioned For there is a clear Statute made 27 Eliz. for the drawing all Westminster St. Clement and St. Martins le Grand London into a Corporation to be reigled by a Dean a Steward twelve Burgesses and twelve Assistants And if some Salve or Plaister shall not be applied to Westminster in this Point all that Government and Corporation is at an end But this I perceive since is taken into consideration by the Honourable House of Commons themselves I come now to the last Point and the second Salvo of this Bill which is for Dukes Marquesses Earls Viscounts Barons or Peers of this Kingdom which is a Clause that looks with a kind of contrary glance upon Persons in Holy Orders it seems to favour some but so that thereby and in that very act it casts an aspersion of baseness and ignobility upon all the rest of that Holy Profession For if no Persons in Holy Orders ought to intermeddle in Secular Affairs how come those Nobles to be excepted out of the Universal Negative Is it because they are nobly born Then surely it must be granted that the rest must be excluded as being made of a worser and rougher piece of Clay For the second part of this Reason in the beginning of the Bill can never bear out this Salvo That the Office of the Ministry is of so great importance that it will take up the whole Man and all his best Endeavours Surely the Office of the Ministry is of no greater importance in a poor man than in a noble man nor doth it take up the whole Man in the one and but a piece of him in the other I cannot give you many Instances herein out of Scripture because you know that in those days Not many mighty not many noble were called 1 Cor. 1.26 But when any Noble were called I do not find but that they did put more of the whole Man and their best Endeavours upon the Ministry than other Men in Holy Orders are at the least in Holy Scripture noted to have done I pu● your Lordships in mind of those Noble men of Beraea compared with th●se of Thessalonica Acts 17.11 So that this Salvo for the Nobility must needs be under your Lordships favour a secret wound unto the rest of the Ministry unless your Lordships by your great Wisdom will be willing to change it into a Panacaea or common Plaister both to the one and to the other And under your Lordships Favour I conceive it may be done under a very fo●ing Argument The Office of the Ministry is of equal importance and takes up the wh● Man and all his best Endeavours in the Noble born as well as in the mean born Bishop But it is lawful all this notwithstanding for the noble born Minister to intermeddle in Secular Affairs and therefore it is likewise lawful for the mean born so to do And so in may Conscience I speak it in the presence of God and great Noblemen it is most lawful for them to intermeddle with Secular Affairs so as they be not intangled as the Apostle calls it with this intermedling as to slight and neglect the Office of their Calling which no Minister noble or ignoble can do without grievously sinning against God and his own conscience It is lawful for Persons in Holy Orders to intermeddle it is without question or else they could not make provision of Meat and Drink as Beza interprets the place It is not lawful for them to be thus intangled and bound up with Secular Affairs which I humbly beseech your Lordships to consider not as a Distinction invented by me but clearly expressed by the Apostle himself 166. And thus my noble Lords I shall without any further molestation and with humble thanks for this great patience leave this great Cause of the Church to your Lordships wise and gracious consideration Here is my Mars-hill and further I shall never appeal for Justice Some assurance I have from the late solemn Vow and Protestation of both Houses for the maintaining and defending the Power and Priviledges of Parliament that if this Bill were now to be framed in the one House it would never be offered without much qualification and I perswade my self it will not be approved in the other Parliaments are indeed Omnipotent but no more Omnipotent than God himself who for all that cannot do every thing God cannot but perform what he hath promised A Parliament under favour cannot un-swear what it hath already vowed This is an old Maxim which I have learned of the Sages of the Law A Parliament cannot be Felo de se it cannot destroy or undo it self An Act of Parliament as that in the eleventh and another in the one and twentieth of Richard the Second made to be unrepealable in any subsequent Parliament was ipso facto void in the constitution Why because it took away the Power and Priviledges that is not the Plumes and Feathers the remote Accidents but the very specisial Form Essence and Being of a Parliament So if an Act should be made to take away the Votes of all the Commons or all the Lords it were absolutely a void Act. I will conclude with the first Ep. to the Corinthians c. 12. v. 15. If the soot shall say because I am not the hand I am not of the body is it therefore not of

But the tidings came from the most interested in both Armies That none was more active than this great Prelate to keep Yorkshire in obedience to the King to reduce them that were perverted none more assiduous in the Consultations of War with the Gentry to raise Money Men and Horse for the Army This was hung up in Picture in the Hall and Change And let them do their worst in those peny Tables Sint modo carminibus non onerata malis as Passeratius deprecates all bad Epitaphs let them make good Verses to their Pictures or let their Poets hang up for Company But let this go together with his Loyalty that there was not one man that served him as Lord-Keeper or Bishop but either served or suffered in the King's Cause except a brace whom Kilvert had long before perverted They that were affected to the sin of the Parliament saw so much opposition in him and fierceness to bring them on their knees that the same unhappy ones vowed his death and were near to execution who first refisted his Majesty at Hull quae prima malorum Causa fuit belloque animos incendit agrestes Aen. l. 7. Which is worth a story to observe that these Professors of the new Discipline made no scruple to break down God's double Defence Touch not mine anointed and do my Prophets no harm 173. King Charles his coming to York was not a Progress of Delight but an Escape from his Palace of West minster for the Alarums of continual Mutinies which he could not stand out with safety As great a blemish to the Parliament that provided no better for him as the flight of Harry the Third of France was to the Guisians on the Sunday which is still called by them Dominica dolearis when they would have block't him up with Piles of Wine-Casks in the Louver to keep him fast for stirring His Majesty's first care was and ought to be to have some Hold of good Defence for Retreat if Blood-hounds sought him And happy was that Fortress of which he should make Election for so good a Service All places are patent to a Monarch that are under his Laws and Scepter though he were a Tyrant Then what inferiour Officer would not be glad to give the Keys of his Government upon his Knees to as great a Saint as Josiah Tribonius writes well to that matter in an Epistle to Tully of Caesar Lib. 12. Ep. Fam. Eum quem necesse erat diligere qualiscunque esset talem habemus ut libenter quoque diligamus And certainly he that should repulse the King in his first design must both be his first and his greatest Enemy Initia ferè dare formam negotiis Thuan. An. 1558. The first Success gives Spirit to an Army and Honour to their Chief Which the solid man Tacitus teacheth Hist lib. 2. Ut initia belli provenissent famam in caetero fore And if the first Expedition be unfortunate it is as ominous as a sinister hour at the birth of a Child when an Astrologer Calculates a Nativity So unauspicious it was that his Majesty did stumble I may say at the Threshold when he came out of Doors He goes to Hull where he had stowed up Shot Powder Arms in his Magazine The Gates are kept shut the Walls manned Sir John Hotham and his Son capitulate that they keep it for the Parliament Dirarum nidis domus opportuna volucrum Aen. 8. A strong Cage it was to keep these unclean Birds from the Royal Eagle Great Ordnance great Provision great Wealth were within No man would have sealed up a Box so fast if it had been empty Yet the Hothams were so kind that they offer'd Entrance to his Majesty's Person with a few of his unarmed Servants which was no better than to receive him to be their Prisoner Intempestiva benevolentia mhil à simultate differt says Politian Ep. p. 26. Nothing is more hateful than a malicious Courtesie But they look't to be born out in all they did by the strength of their great Masters and had cast it up that when Crimes are carried in a happy strain of Luck they lose their Infamy that shame seldom or never follows victory The Names of Delinquent or Traitor never scar'd them Haec acies victum factura nocentem est Silius He must be the Delinquent that is at the Conquerour's Mercy Unlucky Town of Hull for thy Commanders sakes Perhaps some other Garrisons would have been as bad as it if they had been tried Perhaps so But no Dunghil smells ill till you stir it Hull had the opportunity to be renown'd if it had yielded to be the King's Harbour Now her Infamy is like that of the Village of the Samaritans which would not receive the Lord Christ Luke 9.52 I do not condemn all that were within her Walls who could not help this Insolency but with groans and tears if they durst do that I will plead for such as I know there were such as Isocrates did for the Plata●ks forced by the Thebans to do unkindness to their Friends the Athentans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Theban constrained their Bodies but their Hearts were with you Their Lecturers were the Corrupters of that Corporation who had preach't the People from Charitable to Censorious from neighbourly Love to Faction from Subjects to Rebels from Sheep to Swine Quá magis viá irrepunt vitia quàm publicá Prin. l. 36. c. 2. If you would have some great harm done imploy those who are heard so often in publick and they shall do a mischief sooner than all the Brotherhood of the Guild beside Absalom sent Spies throughout all the Tribes of Ifrael saying as soon as ye hear the sound of the Trumpet ye shall say Absalom reigns in Hebron 1 Sam. 15.10 Spies says Grotius upon the place and in all the Tribes Some of these must be Levites for none but they dwelt among all the Tribes Genus hominum ad turbandas res maxime idoneum ubi suis indulgent affectibus These are they that will sooner rail against me for this observation then leave off their girdings at the Civil State and keep close to that matter only which Christ hath taught them in his Gospel Their bald Rhetorick sit for great Ears and gross Brain● made the King wait attendance two hours at their Gate and had his Commands nay his Prayers despised O that a King should give the stoop to such as these Meumque Objeci caput supplex ad limina veni Aen. 8. So great a heart in another Prince would not have turn'd away without Choler and Fire flashing upon them But he was a Soveraign over all his Passions and opened not his mouth Nullius hominis quàm sui simillimus as was said of Picus Mirandula He had no pattern of a meer Man before him and none that saw him for a Pattern was ever like him for Patience So let Cerberus that kept the Gates of Hull keep them still It is a greater honour