short of Treasons the application to those Generals cannot make them Treasons We shall only single out Two Particulars and in those be very brief in that most which hath been said to the former Generals is appliable to them inasmuch as none of them is declared to be a Treason by the Statute of 25 Ed. 3. or by any other Law enacted 1. The first of these in the 10th Original Article viz. That he hath Traiterously endeavoured to reconcile the Church of England with the Church of Rome Which if it be any Treason must be a Treason within the Statute of 5 Jac. Cap. 4. whereby is provided That if any Man shall put in practice to Reconcile any of his Majesty's Subjects to the Pope or See of Rome the same is enacted to be Treason which we conceive clearly is none of this Charge 1. First For that here only is Charged an Endeavour there a Putting in Practice 2. Here a Reconciling of the Church of England with the Church of Rome there a Reconciling some of his Majesty's Subjects to the See of Rome And a Reconciling with may as well be a Reducing of that of Rome to England as England to Rome The Second in the 7th additional Article for wittingly and willingly Receiving and Harbouring divers Popish Priests and Jesuits namely Sancta Clara and Monsieur St. Gyles Which Offence as to the Harbouring Priests and Jesuits born within his Majesty's Dominions by the Statute of 27 Eliz. Cap. 2. is made Felony not Treason and extends only to Priests English born which these are not charged to be My Lords We have now gone through those Articles wherein we conceive the Treasons Charged were intended and have endeavoured to make it appear That none of the Matters in any of the Articles Charged are Treason within the Letter of any Law And if not so then they cannot by Inference or Parity of Reason be heightned to a Treason It is true the Crimes as they are laid in the Charge are great and many Yet if the Laws of this Realm which have distinguished Crimes and accordingly given them several Names and inflicted Punishments raise none of these to a Treason That we humbly conceive will be worthy of your Lordships Consideration in this Case and that their Number cannot make them exceed their Nature And if they be but Crimes and Misdemeanours apart below Treason or Felony they cannot make a Treason by putting them together Otherwise the Statute of 25 Ed. 3. which we have so much insisted upon had been fruitless and vain if after all that exactness any Number of Misdemeanours in themselves no Treason should by complication produce a Treason and yet no mention made of it in that Law much less any Determination thereby that any Number or what Number and of what Nature of Crimes below Treason should make a Treason It is true my Lords That by the Statute of 25 Ed. 3. there is a Clause in these Words It is accorded That if any other Case supposed Treason which is not therein specified doth happen before any Justices the Justices shall tarry without any going to Judgment of the Treason until the Cause be shewed and declared before the King and his Parliament Whether it ought to be judged Treason or Felony And that hereby might seem to be inferred That there should be some other Treasons than are mentioned in that Law which may be declared in Parliament But my Lords we shall observe 1. If such Declaration look only forward then the Law making it Treason preceeds the Offence and is no more than an Enacting Law If it look backward to the Offence past then it appears by the very Clause it self of 25 Edw. 3. it should be at the least a Felony at the Common Law and that a Crime or Crimes below a Felony were never intended to be by this Law to be declared or to be heightned to a Treason And we find not any Crime declared Treason with a Retrospect unless it were a Felony before And in the late Case of the Earl of Strafford Attainted by Bill there is a Treason within this Law charged and declared by the Bill of his Attainder to have been proved 2. Secondly We are not now in case of a Declaration of a Treason but before your Lordships only upon an Impeachment and in such case we humbly conceive the Law already established as it hath been so it will be the Rule Thus my Lords we have gone through that Part which belongs to us directed us by your Lordships viz. Whether in all or any the Articles exhibited before your Lordships there is contained any Treason by any established Law of this Kingdom without medling at all with the Facts or Proof made of them which together with our weak Endeavours we humbly submit to your Lordships great Judgment And for any Authorities cited by us are ready if so Commanded to produce them Here this Day ended and I had a few Days rest But on Tuesday October 22. being a Day made Solemn for Humiliation my Chamber at the Tower was searched again for Letters and Papers But nothing found After this there went up and down all about London and the Suburbs a Petition for the bringing of Delinquents to Justice and some Preachers exhorted the People to be zealous in it telling them it was for the Glory of God and the Good of the Church By this means they got many Hands of Men which little thought what they went about In this Petition none were named but my self and the Bishop of Ely so their Drift was known to none but their own Party and was undoubtedly set on foot to do me mischief Whose Design this was God knows but I have cause to suspect Mr. Pryn's Hand in it This barbarous way of the Peoples clamouring upon great Courts of Justice as if they knew not how to govern themselves and the Causes brought before them is a most unchristian Course and not to be endured in any well-governed State This Petition with a Multitude of Hands to it was delivered to the House of Commons on Munday Octob. 28. Concerning which I shall observe this That neither the Lord Mayor nor the Sheriffs made any stop of this Illegal and Blood-thirsty Course though it were publickly known and the People exhorted to set Hands to it in the Parish-Churches What this and such-like Courses as these may bring upon this City God alone knows whom I humbly pray to shew it Mercy CAP. XLV THis Day being All-hallan-day a Warrant came to the Lieutenant from the House of Commons to bring me to their Barr to hear the Evidence formerly summed up and given against me in the Lords House I knew no Law nor Custom for this for though our Votes by a late Act of Parliament be taken away yet our Baronies are not And so long as we remain Barons we belong to the Lords House and
Tyrannical Government contrary to Law I could not endeavour this my knowledge and judgment going ever against an Arbitrary Government in comparison of that which is settled by Law I learned so much long ago out of Aristotle and his Reasons are too good to be gone against And ever since I had the honour to sit at the Council Table I kept my self as much to the Law as I could and followed the Judgment of those great Lawyers which then sat at the Board And upon all References which came from His Majesty if I were one I left those freely to the Law who were not willing to have their business ended any other way And this the Lord Keeper the Lord Privy Seal and the Councel Learned which attended their Clients Causes can plentifully witness I did never advise His Majesty that he might at his own Will and Pleasure levy Money of his Subjects without their Consent in Parliament Nor do I remember that ever I affirmed any such thing as is Charged in the Article But I do believe that I may have said something to this effect following That howsoever it stands by the Law of God for a King in the just and necessary defence of himself and his Kingdom to levy Money of his Subjects yet where a particular National Law doth intervene in any Kingdom and is settled by mutual consent between the King and his People there Moneys ought to be Levied by and according to that Law And by God's Law and the same Law of the Land I humbly conceive the Subjects so met in Parliament ought to supply their Prince when there is just and necessary cause And if an Absolute necessity do happen by Invasion or otherwise which gives no time for Counsel or Law such a Necessity but no pretended one is above all Law And I have heard the greatest Lawyers in this Kingdom confess that in times of such a Necessity The King 's Legal Prerogative is as great as this And since here is of late such a noise made about the Subversion of the Fundamental Laws of the Kingdom and Mens Lives called this way in question 't is very requisite that these Fundamental Laws were known to all Men That so they may see the danger before they run upon it Whereas now the Common Laws of England have no Text at all In so much that many who would think themselves wronged if they were not accounted good Lawyers cannot in many points assure a Man what the Law is And by this means the Judges have liberty to retain more in Scrinio Pectoris than is fitting and which comes a little too near that Arbitrary Government so much and so justly found fault with Whereas there is no Kingdom that I know that hath a setled Government but it hath also a Text or a Corpus Juris of the Laws written save England So here shall be as great a punishment as is any where for the breach of the Laws and no Text of them for a Man's direction And under favour I think it were a work worthy a Parliament to Command some prime Lawyers to draw up a Body of the Common Law and then have it carefully Examined by all the Judges of the Realm and thoroughly weighed by both Houses and then have this Book Declared and Confirmed by an Act of Parliament as containing the Fundamental Laws of the Kingdom And then let any Man go to Subvert them at his Peril 2. He hath for the better accomplishment of that his Trayterous Design advised and procured divers Sermons and other Discourses to be Preached Printed and Published in which the Authority of Parliaments and the force of the Laws of this Kingdom are denied and an Absolute and Vnlimited Power over the Persons and Estates of his Majesties Subjects is maintained and defended not only in the King but also in himself and other Bishops above and against the Law And he hath been a great Protector Favourer and Promoter of the Publishers of such false and pernicious Opinions I have neither advised nor procured the Preaching Printing or Publishing of any Sermons or other Discourses in which the Authority of Parliaments and the force of the Laws of this Kingdom are denied and an Absolute and Unlimited Power over the Persons and Estates of his Majesty's Subjects maintained and defended Nay I have been so far from this that I have since I came into place made stay of divers Books purposely written to maintain an Absolute Power in the Kingdom and have not suffered them to be Printed as was earnestly desired And were it fit to bring other Mens Names in question and expose their Persons to danger I have some of those Tracts by me at this present And as I have not maintained this Power in the King's Majesty so much less have I defended this or any other Power against Law either in my self or other Bishops or any other Person whatsoever Nor have I been a Protector Favourer or Promoter of any the Publishers of such false and pernicious Opinions knowing them to be such Men. 3. He hath by Letters Messages Threats Promises and divers other ways to Judges and other Ministers of Justice interrupted and perverted and at other times by the means aforesaid hath indeavoured to interrupt and pervert the course of Justice in his Majesty's Courts at Westminster and other Courts to the Subversion of the Laws of this Kingdom whereby sundry of his Majesty's Subjects have been stopped in their Just Suits and deprived of their Lawful Rights and subjected to his Tyrannical Will to their utter Ruin and Destruction I have neither by Letters Messages Threats nor Promises nor by any other Means endeavoured to interrupt or pervert the course of Justice in his Majesty's Judges or other Ministers of Justice either to the Subversion of the Law or the stopping of the Subjects in their Just Suits Much less to the ruin or destruction of any one which God forbid I should ever be guilty of The most that ever I have done in this kind is this When some poor Clergy-Men which have been held in long Suits some Seven Nine Twelve Years and one for Nineteen Years together have come and besought me with Tears and have scarce had convenient Clothing about them to come and make their address I have sometimes underwritten their Petitions to those Reverend Judges in whose Courts their Suits were and have fairly desired Expedition for them But I did never desire by any Letter or Subscription or Message any thing for any of them but that which was according to the Law and Justice of the Realm And in this particular I do refer my self to the Testimony of the Reverend Judges of the Common Law 4. That the said Arch-Bishop hath Traiterously and Corruptly sold Justice to those that have had Causes depending before him by Colour of his Ecclesiastical Jurisdiction as Arch-Bishop High-Commissioner Referree or otherwise and hath taken unlawful Gifts and Bribes of his
by his Majesty in the presence of a Secretary of State and commanded to speak my Judgment and my Conscience And I did so And declared clearly against any Bishops of the Roman Party his coming into the Kingdom to reside or exercise any Jurisdiction here And I gave then for my Reason the very self-same which is since Published by the 〈◊〉 of Commons in their Remonstrance A different and inconsistent Church within a Church which ever brought hazard upon the State And in this Judgment I persisted and never permitted much less countenanced any Popish Hierarchy to settle in this Kingdom but hindred it by all the 〈◊〉 and means I could 11. He in his own Person and his Suffragans Visitors Surrogats Chancellors or other Officers by his Command have caused divers Learned Pious and Orthodox Preachers of Gods Word to be Silenced Suspended Deprived Degraded Excommunicated or otherwise grieved and vexed without any just and lawful Cause whereby and by divers other Means he hath hindred the Preaching of God's Word caused divers of his Majesty's Loyal Subjects to forsake the Kingdom and increased and cherished Ignorance and Prophaneness amongst the People That so he might the better facilitate the way to the effecting of his own Wicked and Trayterous Designs of altering and corrupting the True Religion here Established I have neither by my self nor by my Command to my Officers Silenced Suspended Deprived Degraded or Excommunicated any Learned Pious and Orthodox Preachers nor any other but upon Just Cause Proved in Court and according to Law And I think it will appear that as few be the Cause never so Just have been Suspended or Deprived in my Diocess as in any Diocess in England Nor have I by these Suspensions hindred the Preaching of Gods Word but of Schism and Sedition as now appears plainly by the Sermons frequently made in London since the time of Liberty given and taken since this Parliament first began Nor have I caused any of his Majesty's Subjects to forsake the Kingdom but they forsook it of themselves being Separatists from the Church of England as is more than manifest to any Man that will but consider what kind of Persons went to New-England And whereas in their late Remonstrance they say The high Commission grew to such excess of Sharpness and Severity as was not much less than the Romish Inquisition and yet in many Cases by the Arch-Bishops Power was made much more heavy being assisted and strengthned by Authority of the Council-Table I was much troubled at it that such an Imputation from so great a Body should be fastned on me And therefore first I considered that my Predecessors were all or most of them strengthned with the same Authority of the Council-Table that I was And therefore if I did use that Authority to worse ends or in a worse manner than they did I was the more to blame Therefore to satisfie my self and others in this particular I did in the next place cause a diligent search to be made in the Acts of that Court which can deceive no Man what Suspensions Deprivations or other Punishments had past in the Seven Years of my Time before my Commitment Then I compared them with every of the Three Seven Years of my immediate Predecessor for so long he sat and somewhat over and was in great esteem with the House of Commons all his Time and I find more by Three Suspended Deprived or Degraded in every Seven Years of his Time than in the Seven Years of my Time so cryed out upon as you see for Sharpness and Severity even to the equasling of that Commission almost to the Romish Inquisition So safe a thing it is for a Man 〈◊〉 Imbarque himself into a Potent Faction and so hard for any other Man be he never so intire to withstand its Violence 12. He hath 〈◊〉 endeavoured to cause Division and Discord between the Church of England and other Reformed Churches And to that end hath Suppressed and Abrogated the Priviledges and Immunities which have been by his Majesty and his Royal Ancestors granted to the French and Dutch Churches in this Kingdom And divers other ways hath expressed his Malice and Disaffiction to these Churches that so by such Disunion the Papists might have more advantage for the Overthrow and Extripation of both I never endeavoured to set Division between the Church of England and other Reformed Churches And if I had so done it had been a very Unchristian and unworthy Act but yet no Treason as I conceive And for the Priviledges and Immunities granted by his Majesty and his Royal Progenitors to the French and Dutch Churches in this Kingdom I did not seek to Suppress or Abrogate any of them which kept Conform to their first Toleration here much less did I labour by any Disunion betwixt them and us to advantage the Papists to the overthrow of both But this I found that they did not use their Priviledges with that Gratitude and Fairness to his Majesty the State and Church of England as they ought to have done And hereupon I acquainted his Majesty and the Lords in full and open Council with what I conceived concerning that business As Namely 1. That their living as they did and standing so strictly to their own Discipline wrought upon the Party in England which were addicted to them and made them more averse than otherwise they would have been to the present Government of the Church of England 2. That by this means they lived in England as if they were a kind of God's Israel in Egypt to the great Dishonour of the Church of England to which at first they fled for Shelter against Persecution And in that time of their Danger the Church of England was in their Esteem not only a true but a glorious Church But by this Favour which that Church received it grew up and incroached upon us till it became a Church within a Church and a kind of State within a State And this I ever held dangerous how small beginning soever it had And that upon two main Reasons The one because I find the Wisdom of God against it For he says plainly to his prime People One Law and especially for Divine Worship shall be to him that is home-born and to the Stranger that Sojourns among you Exod. 12. And the other because I find the Wisdom of this State against it For this Parliament in their Remonstrance give the self-same Reason against the Papists but must hold good against all Sects that labour to make strong and inlarge themselves The Words are these Another State moulded within this State independent in Government contrary in Interest and Affection 〈◊〉 corrupting the Ignorant or Negligent Professors of our Religion and closely Vniting and Combining themselves against such as are sound in this posture waiting for an Opportunity c. And the Words are as true of the one Faction as the other and
confessed that in the first Business the Church-Wardens had Remedy by their Appeal to me but that then the Bishop began again as the former Witness declared Nor knew I any thing of this Business till the Appeal came As for my Answer to himself that under Favour is quite mistaken For I did not say That in this Particular but that in his General Proceedings in his Diocess the Bishop of Bath carried himself like an Obedient Bishop to his Metropolitan Nor can my Words be drawn to mean this Particular For how could I say that in this Particular he carried himself like an Obedient Bishop to me when after Remedy given to these Men by their first Appeal into my Court he began with them again upon the same Cause Besides my Lords this is not the first time Mr. Ash hath mistaken me Mr. Browne in summing up this Charge against me falls twice very heavily upon this Business of Beckington First for the point of Religion And there he Quoted a passage out of my Speech in the Star-Chamber where I do reserve the indifferency of the standing of the Communion-Table either way and yet saith he they were thus heavily Sentenced for that which I my self hold indifferent But first this Sentence was laid upon them by their own Bishop not by me Secondly the more indifferent the thing was the greater was their Contumacy to disobey their Ordinary And had it not been a thing so indifferent and without danger of advancing Popery would Queen Elizabeth who banished Popery out of the Kingdom have endured it in her own Chappel all her time Thirdly the heaviness of the Sentence so much complained of was but to confess their Contumacy in three Churches of the Diocess to Example other Men's Obedience Secondly for the same Point as it contained Matter against Law I answered Mr. Browne as I had before answered the Lords The third Charge was about certain Houses given to S. Edmunds Lumbard-street where old Mr. Pagett is Parson The Witnesses are Two 1. The first is Mr. Symms who says that after a Verdict Mr. Pagett the Incumbent upon a pretenc that these Tenements were Church-Land got a Reference to the Lord Bishop of London then Lord Treasurer and my self My Lords we procured not the Reference But when it was brought to us under the King's Hand we could not refuse to sit upon it Upon full Hearing we were satisfied that the Cause was not rightly stated and therefore we referred them to the Law again for another Tryal and for Costs to the Barons of that Court. And this was the Answer which I gave to Mr. Browne when he instanced in this Case He says the Houses were given to Superstitious Vses But Possessions are not to be carried away for saying so If Men may get Land from others by saying it was given to Superstitious Uses they may get an easie Purchase And Mr. Symms is here in his own Case But whether the Houses were given to Superstitious Uses or not is the thing to be tryed in Law and not to be Pleaded to us He complains that I would not hear his Petition alone And surely my Lords I had no reason since it was referred to another with me And yet I see though I was not in the Reference alone nor would hear it alone yet I must be alone in the Treason And here I desired that Mr. Pagett the Incumbent might be heard 2. The other Witness was Mr. Barnard He says he was present at the Hearing and that Mr. Symms said he was undone if he must go to a new Tryal But my Lords so many Men say that by their troublesomness in Law-Suits go about to undo others He says that Mr. Pagett named his own Referees If that be so 't is no fault of mine He says the Reference was made to us only to Certifie not to make any Order in it If this be so here 's no Proof so much as offer'd that we did not Certifie as we were required and then had Power given to order it which we did And he confesses the Councel on both sides had full Hearing before ought was done The Fourth Charge of this Day was concerning the Imprisonment of one Grafton an Upholster in London The Witnesses Three Of which 1. The first is Grafton in his own Cause and 't is much if he cannot tell a plausible Tale for himself He says first That twelve Years ago he was Committed and Fined Fifty Pounds by other Commissioners By others my Lords therefore not by me And an Act of the High Commission by his own Words it appears to be He says He was continued in Prison by my procurement as he verily believes First as he verily believes is no Proof And the ground of his Belief is as weak For he gives no reason of it but this That Dr. Ryves the King's Advocate spake with the Barons But he doth not say about what or from whom He adds farther that Mr. Ingram Keeper of the Fleet would not give way to his Release notwithstanding the Barons Orders till he heard from me Here 's no Man produced that heard Mr. Ingram say so Nor is Mr. Ingram himself brought to Testifie Lastly he says that he then made Means in Court and so repaired to the Barons again but all in vain And that Baron Trevor cryed out O the Bishop O the Bishop First here 's a Confession of Means in Court made to the Judges So belike they may have Means made to them so it be not by me For the Particular I did humbly desire the Baron being then present might be asked He was asked he blushed and fumbled the Lords laughed and I could not hear what he said 2. The second Witness was Mr. Lenthall But he said nothing but that there was an Order for Grafton's Liberty which is not denied 3. The third was Mr Rivett He says that Mr. Ingram said that Grafton was a Brownist and must be brought into the Fleet again because he did much hurt among the King's Subjects This is a bare Report of a Speech of Mr. Ingram it no way concerns me And a Separatist he is from the Church of England but whether a Brownist or no I cannot tell there are so many Sects God help us And much harm he hath done among weak People For most true it is which S. Cyril observes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That the Devil prepares these Schismatical Separations that so much the more easily the Enemy may be received As for this Man he was in his way cunning enough for under pretence that he suffer'd by me he got Madam Vantlett and other of the French to Negotiate with the Queens Majesty in his behalf And this I found that sometimes when her Majesty knew not of it they sent to the Barons for Favour for him And yet I never heard that Baron Trevor ever cryed out O the French O the French Nor can I tell what stopped his Mouth in this Cry and
opened it so wide in the other when we moved to defend our selves and our Proceedings Where I humbly desire this Passage of the Law may be considered In the Case of depraving the Common-Prayer Book so much Scorned and Vilified at this Day and for not coming to Church The Words of the Law are For due Execution hereof the Queens most Excellent Majesty the Lords Temporal and all the Commons in this present Parliament Assembled do in God's Name earnestly require and Charge all the Arch-Bishops and Bishops and other Ordinaries that they shall endeavour to the uttermost of their Knowledge that the due and true Execution hereof may be had throughout their Diocesses and Charges as they will answer before God c. Now if I do not this here 's an apparent Breach of the Law And if I do it against this common and great Depraver of this Book then the Judge who by this Law should assist me Cries O the Bishop and this Answer I gave Mr. Browne when he Summ'd his Charge against me The Fifth Charge of this Day was Mr. John Ward 's Case in a Suit about Symony in the High Commission He says for he also is in his own Cause That upon a pretence of a Lapse by Symony I procured a Presentation from the King to the Church of Dinnington His Majesty trusted me with the Titles which did accrew to him in that kind and because Symony had been so rife Commanded me to be careful I might not betray this Trust and therefore the Symony being offer'd to be proved I procured his Majesties Presentation for Tryal of the Title And this I conceive was no Offence Though this be that which he calls the heaviness of my Hand upon him He farther says That I sent to the Bishop of Norwich to admit the King's Clerk the Church being void 7. Junij 1638. Nor do I yet see my Lords what Crime it is in me trusted especially as before to send to the Bishop to admit when the Church is void Many Lay Patrons do that upon Allegation of Symony before Proof And Mr. Bland produced as a Witness also says that the Lord Goring prevailed with the Lord Bishop of Norwich not to admit And I hope an Arch-Bishop and trusted therein by his Majesty may as lawfully write to the Ordinary for Admission of the King's Clerk as any Lay-Lord may write against it But Mr. Ward says nothing to this of the Lord Goring but adds That Sir John Rowse prevented this Admission by a Ne admittas Junij 12. And that thereupon I said it was to no purpose for us to sit there if after a long Tryal and Judgment given all might be stopped If I did say so I think it is a manifest Truth that I spake For it were far better not to have Symony tryed at all in Ecclesiastical Courts than after a long Tryal to have it called off into Westminster-Hall to the double Charge and trouble of the Subject But if the Law will have it otherwise we cannot help that Nor is this Expression of mine any Violation of the Law Then he says a Letter was directed from the Court of the High Commission to the Judges to revoke the Ne admittas and that I was forward to have the Letter sent How forward soever I was yet it is confessed the Letter was sent by the Court not by me And let the Letter be produced it shall therein appear that it was not to revoke the Ne Admittas but to desire the Judges to consider whether it were not fit to be revoked considering the Church was not void till Junij 14. And it hath been usual in that Court to Write or send some of their Body to the Temporal Judges where they conceive there hath been a Misinformation or a mistake in the Cause the Judges being still free to judge according to Law both for the one and the other And here he confesses the Writ of Ne admittas was revoked by three Judges and therefore I think Legally But here he hopes he hath found me in a Contradiction For when I writ to the Bishop of Norwich Junij 7. 1638. I there said the Church was void whereas this Letter to the Judges says it was not void till Junij 14. But here is no Contradiction at all For after the Tryal past and the Symony proved the Church is void to so much as the Bishop's giving of Institution and so I writ Junij 7. But till the Sentence was pronounced in open Court and Read the Church was not void as touching those Legalities which as I humbly conceive do not till then take place in Westminster-Hall And the Reading of the Sentence was not till Junij 14. However if I were mistaken in my own private Letter to the Bishop yet that was better thought on in the Letter from the High Commission to the Judges He says lastly That upon a Quare Impedit after taken forth it was found that the King had no Right Why my Lords if different Courts judge differently of Symony I hope that shall not be imputed to me In the Court where I sate I judged according to my Conscience and the Law and the Proof as it appeared to me And for Dr. Ryve's his Letter which he says was sent to the Cursitor to stop the Ne admittas Let Dr. Ryves answer it The Witness himself confesses that Dr. Ryves says the Command to the Cursitor was from the Lord Keeper not from me And here ends the Treason against Mr. Ward and till now I did not think any could have been committed against a Minister Then follow'd the Case of Ferdinando Adams his Excommunication and the Suits which followed it As it will appear in the Witnesses following which were four 1. The first was Mr Hen. Dade the Commissary then before whom the Cause began And he confesses He did Excommunicate Adams for not blotting out a Sentence of Scripture which the said Adams had caused to be written upon the Church-Wall as in many Churches Sentences of 〈◊〉 are written But he tells your Lordships too that this Sentence was My House shall be called the House of Prayer but ye have made it a Den of Thieves The Commissary's Court was kept as usually it is at or toward the West-end of the Church And just over the Court Adams had written this Sentence upon the Wall meerly to put a scorn and a scandal though I hope an unjust one upon that Court He was commanded to blot it out He would not because it was Scripture as if a Man might not Revile and Slander nay speak Treason too if he will be so wicked and all in Scripture-Phrase Witness that lewd Speech lately utter'd To your Tents O Israel c. Upon this he was Excommunicated and I cannot but think he well deserved it For the Suit which followed against Mr. Dade in the Star-Chamber the Motion that Mr. Attorney would leave him to the common Prosecutor
I confess to your Lordships I could never like that Seats should be set above the Communion Table If that be any Error in me be it so For the Words I did not speak them of Prohibitions in general but of such as I did conceive very Illegal as for ought I yet know this must have been And this was the Answer wich I gave Mr Brown when in Summing up the Charge he instanced in this against me To these Rouland Tomson adds new Words That I wondered who durst grant a Prohibition the High-Commission Court being above all But he confesses he knows not the time when this was spoken Let him look to his Oath for I am as Confident he knows not the thing And I farther believe that neither he nor any the rest of my Accusers think me so Ignorant as to say the High-Commission Court was above all 7. Francis Nicolas says that about Four Years since he delivered a Prohibition and was committed for it To this Quaterman comes in and says more than Nicolas himself For he says he delivered it in upon a Stick and was Committed for it First if he were Committed it was not for bringing the Prohibition but for his unmannerly delivery of it and to reach it into the Court upon a Stick to call the People to see it was no Handsom way of Delivery And one that brought a Prohibition whether this Man or no I cannot certainly say threw it with that violent Scorn into the Court that it bounded on the Table and hit me on the Breast as I sat in Court. Howsoever his Commitment was the Act of the Court not mine And for Quaterman he is an Exasperated Man against me and that Court as hath appeared to the World many ways 9. Mr Edwards was called up next and he says it was a common thing to lay them by the Heels which brought Prohibitions And they were commonly brought by bold impudent Men picked out of purpose to affront the Court. And then if the Court made their Imprisonment as common as they their Rudeness where 's the Fault And I pray mark this is still the Act of the Court not mine 10. Mr. Welden says That there was a Command given to lay hold of a Man which brought a Prohibition But more he says not Nor did he offer to make himself Judge of the Justice of the Court in that behalf And considering what Affronts have been put upon the Court of High Commission by the bringers of Prohibitions I hope it shall not be accounted a Crime to stay him that brings it till the Prohibition be seen and considered 11. The next Witness is Mr. Ward And he is an angry Witness for his Cause before-mentioned about Symony That which he says is That An. 1638 He that brought a Prohibition in a Cause of Mr. Foetroughts was laid by the Heels But he himself confesses the Court then declared that they were affronted by him And then he was Punished for that Misdemeanour in his Carriage not for bringing the Prohibition He says farther that I directed some Commissioners to attend the Judges about it and that the Party had no benefit by his Prohibition For my directing Attendance upon the Judges I think I did what well became me For there came a Rule before the Prohibition which required the Court so to do And Mr. Pryn objected because this was not done and now I am Accused because I gave direction to do it And if the Party had no benefit by his Prohibition it must needs follow that either the Judges were satisfied by our Information of the Cause or if not that they did Mr. Foetrought the wrong and not we 12. The last Witness about Prohibitions was Mr. Wheeler He says that in a Sermon of mine long since I used these Words They which grant Prohibitions to the Disturbance of the Churches Right God will prohibit their entrance into the Kingdom of Heaven And he says he writ down the Words that he might remember them If this Gentleman will tell me what Text I then Preached on I will look upon my Sermon if that with my other Papers be not taken from me and shew the place In the mean time with that Limitation with which he confesses I spake them I conceive there is no fault at all in the Words For it will be found no small fault in Judges to grant Prohibitions to the Disturbance of the Rights of the Church which no Law of God or Man warrants them to do So the words I spake must needs be understood of illegal Prohibitions For they which are Legal do only stop the Church from doing wrong but do no wrong to the Church by disturbing her Rights Mr. Browne charged this Sermon Note upon me also and I gave him this Answer Nevertheless I cannot but be sorry to hear it from Mr. Wheeler's own Mouth that he was so careful to write this Passage and so ready to come to witness it against me considering how many Years I have known him and how freely he hath often come to my Table and been welcome to me yet never told me this Passage in my Sermon troubled him It seems some Malignity or other laid it up against this wet Day Here having thus answered all Particulars I humbly craved leave of their Lordships to inform them some few things concerning Prohibitions As first that there was a great Contestation about them between my Predecessor Arch-Bishop Bancroft and the then Judges and this before King James and the Lords of the Council and Mr. Atturney Hobart Pleaded for the Church against them Sir Henry Martin gave me Copies of all those Papers on both sides No final End made that I could ever hear of This calling them all in Question was far more than ever was done by me or in my time and yet no Accusation at all much less any of Treason put up against Arch-Bishop Bancroft for this Secondly I have here Papers Attested of all the Prohibitions which have been admitted in my Courts of Arches and Audience And I find there are as many if not more admitted in my Seven Years time as in any Seven Years of my Predecessor Arch-Bishop Abbot And these Papers I delivered into the Court. As for the High-Commission the Records are all taken from us else I make no doubt but it would soon appear by them that as many have been admitted there also Thirdly There is a great difference touching Prohibitions and the sending of them since the Times of Reformation and before For before the Bishops Courts were kept under a foreign Power and there were then weighty Reasons for Prohibitions both in regard of the King's Power and the Subjects Indempnity But since the Reformation all Power Exercised in the Spiritual Courts is from the King as well as the Temporal so that now there neither is nor can be so much Cause as formerly was And yet all that I did humbly and earnestly desire was that
with me and that he went not out of Town till I had agreed to the Mitigation that in all that time there was no Tender of Sack or any thing else unto me and he and Dr. Bailie the only Men with whom I Transacted the whole Business And so much could Dr. Bailie also witness but that as the Times are I could not bring him from Oxford With Mr. Stone himself I never treated For my Steward he is dead three Years since who could have been my Witness clean thorough the Business And when I pressed Mr. Stone at the Bar with the Protestation which he made to me that he had no Relation herein to the Chester-Men he that remembred every Circumstance else said he remembred not that Then I offer'd to take my voluntary Oath of the Truth of it but that was not admitted Then it was pressed that this Bribe must needs be before the Agreement for he says the Sack was sent in to my House ......... and the Mitigation of the Fine into the Exchequer not till ...... But that is nothing For my Agreement was passed and I medled no more with it Yea but he says that Mr. Holford my Servant had Forty Pound more than I agreed upon before he would finish their Business Mr. Holford was the King's Officer for those Returns into the Exchequer And if after my Agreement made he either unduely delaid their Business or Corruptly took any Money from them he is living and must answer for his own Fault Me it cannot concern who did not so much as know of it Mr. Wheat having thus testified in open Parliament before the Lords was within a Day or two called before the Committee there re-examined in private and very strictly touching the time of my Agreement made Then not without some Harshness Commanded not to depart the Town till he heard farther from them This himself afterwards told me Hereupon I resolved to call him again for farther Evidence and if I saw cause to acquaint the Lords with this usage And I did call upon it divers times after but one Delay or other was found and I could never obtain it And such a kind of calling my Witnesses to a private afterreckning is that which was never offer'd any Man in Parliament And here Mr. Brown in summing up my Charge did me a great deal of Right For neither to the Lords nor in the House of Commons did he vouchsafe so much as to name this false base and unworthy Charge of which my greatest Enemies are ready to acquit me 3. The Third Particular was charged by one Mr. Delbridge Who says he was oppressed at the Council-Table by the Lord Keeper Finch That he was advised by Mr. Watkins to give my Secretary Mr. Dell Money to get my Hand to a Petition to the Lord Keeper who he said would not oppose me That Dell took of him One Hundred and Fifty Pounds and procured my Hand to his Petition I remember nothing of this Business and it lies wholly upon my Secretary who being my Sollicitor is here present in Court and desires he may answer the Scandal There 's no touch at all upon me but that he says my Secretary got my Hand to his Petition to the Lord Keeper This Petition of his was either just or unjust If just I committed no Fault in setting my Hand to it If unjust he must confess himself a Dishonest Man to offer to get my Hand to help to Boulster out his Injustice And yet if the Injustice of it were Varnished over with fair Pretences and so kept from my knowledge the Crime is still his own and nothing mine but an Error at most As for Mr. Watkins he did me much wrong if he sent any Man to my House on such an Errand Here my Secretary had leave to speak denied the whole Business and produced Mr. Hollys with whom it was said the Hundred and Fifty Pounds before named should be deposited who to my remembrance said he knew of no such thing 4. The Fourth Instance was A Bond for the Payment of Money as a Fine The Bond found in Sir Jo Lamb's Chamber with a Note upon the back of it for One Hundred Pound received and Sir John by my direction was to call for the rest And here it was said that I used the Name of St Pauls in an illegal way to get Money which might well have been spared For as is aforesaid I had a Broad Seal which gave me all Fines in the High Commission Court to the repairing of the West End of St Pauls and with Power to mitigate And the Fines are the Kings and he may give them by Law The Broad Seal is in the Hands of Mr Holford who is thereby appointed Receiver of all such Fines But is upon Record to be seen and if it be doubted I humbly desire a Salvo till the Record can be taken out and shewed But I presume these Gentlemen have seen it And Commutations for such Crimes as Sir James Price's was are according to Law and the Ancient Custom and Practice in this Kingdom especially where Men of Quality are the Offendors And the Power of Commuting is as Legal in that Court as any other And if that be doubted I humbly desire my Councel may Argue it 5. The Fifth Instance was a Charge concerning a Lease in Lancashire held in three Lives by Sir Ralph Ashton 'T is said by his Son Mr. Ashton the only Witness in the Cause That I by Power at Chester and York and the High-Commission here being Landlord in right of my Arch-Bishoprick did violently wrest this Lease of the Rectory of Whally in Lancashire out of his Hands against Law and made him take a Lease for Years and Pay a great Fine besides and other Fines besides toward the Repair of St Pauls and raised the Rent Sixty Pound Truly my Lords I am not any whit solicitous to answer this Charge I challenged this Lease as void and had great Reason so to do both for the Invalidity of the Lease it self and the unworthiness of the Tenant both to me and my See If in the Preparations for Tryal at Law the Judge at Chester altogether unknown to me and unlaboured by me did say as Mr. Ashton says he did That for higher Powers above he durst not he was the more unworthy And for York I needed no Power there for I resolved to have him called into the High-Commission here which was after done This Gentleman his Son came to me about the Lease I told him plainly it was void in Law and that I meant to overthrow it That if his Father would surrender I would renew it for Years at a reasonable rate but if he put me to Expence in Law I would secure my self as well as Legally I might He replyed That Mr. Solicitor Littleton for so then he was said he durst not be against me And there was good Reason for it he was my Councel and Feed in that Particular And what
just Grievances is not the least Cause of my present Condition In which my Case though not my Abilities is somewhat like Cicero's For having now for many Years defended the Publick State of the Church and the Private of many Church-Men as he had done many Citizens when he by prevailing Factions came into danger himself ejus Salutem defendit nemo no Man took care to defend him that had defended so many which yet I speak not to impute any thing to Men of my own Calling who I presume would have lent me their just Defence to their Power had not the same Storm which drove against my Life driven them into Corners to preserve themselves The First Instance was in Mr. Shervil's Case in which Mr. John Steevens tells what I said to the Councel Pleading in the Star-Chamber which was that they should take care not to cause the Laws of the Church and the Kingdom to clash one against another I see my Lords nothing that I spake was let fall nor can I remember every Speech that passed from me he may be happy that can But if I did speak these Words I know no Crime in them It was a good Caveat to the Councel for ought I know For surely the Laws of Church and State in England would agree well enough together if some did not set them at Odds. And if I did farther say to the then Lord Keeper as 't is Charged that some Clergy-Men had sat as high as he and might again which I do not believe I said yet if I did 't is a known Truth For the Lord Coventry then Lord Keeper did immediately succeed the Lord Bishop of Lincoln in that Office But though I dare say I said not thus to the Lord Keeper whose Moderation gave me no Cause to be so round with him yet to the Councel at the Bar I remember well upon just occasion given that I spake to this Effect That they would forbear too much depressing of the Clergy either in their Reputation or Maintenance in regard it was not impossible that their Profession now as high as ours once was may fall to be as low as ours now is If the Professors set themselves against the Church as some of late are known to have done And that the sinking of the Church would be found the ready way to it The Second Instance was about calling some Justices of the Peace into the High-Commission about a Sessions kept at 〈◊〉 1. The First Witness for this for Three were produced was Mr. Jo. Steevens He says That the Isle where the Sessions were kept was joyned to the Church If it were not now a part of the Chuch yet doubtless being within the Church-Yard it was Consecrated Ground He says That Sessions were kept there heretofore And I say the more often the worse He says That I procured the calling of them into the High-Commission But he proves no one of these Things but by the Report of Sir Rob Cook of Gloucestershire a Party in this Cause He says again that They had the Bishop's License to keep Sessions there But the Proof of this also is no more than that Sir Rob. Cook told him so So all this hitherto is Hearsay Then he says the 88. Canon of the Church of England was urged in the Commission Court which seems to give leave in the close of the Canon that Temporal Courts or Leets may be kept in Church or Church-Yard First that Clause in the end of the Canon is referred to the Ringing of Bells not to the Profanations mentioned in the former part of that Canon Nor is it probable the Minister and Church-Wardens should have Power to give such leave when no Canon gives such Power to the Bishop himself And were it so here 's no Proof offered that the Minister and Church-Wardens did give leave And suppose some Temporal Courts might upon urgent Occasion be kept in the Church with leave yet that is no Warrant for Sessions where there may be Tryal for Blood He says farther That the Civilians quoted an Old Canon of the Pope's and that that prevailed against the Canon of Our Church and Sentence given against them All those Canons which the Civilians urged are Law in England where nothing is contrary to the Law of God or the Law of the Land or the King's Prerogative Royal And to keep off Profanation from Churches is none of these Besides were all this true which is urged the Act was the High-Commissions not mine Nor is there any thing in it that looks toward Treason 2. The Second Witness is Mr. Edward Steevens He confesses that the Sentence was given by the High-Commission and that I had but my single Vote in it And for the Place it self he says The Place where the Sessions were kept was separated from the Isle of the Church by a Wall Breast-high which is an evident Proof that it was formerly a Part of that Church and continued yet under the same Roof 3. The Third Witness is Mr. Talboyes who it seems will not be out of any thing which may seem to hurt me He says The Parish held it no part of the Church Why are not some of them examined but this Man's Report from them admitted They thought no harm he says and got a License But why did they get a License if their own Conscience did not prompt them that something was Irregular in that Business He says he was informed the Sessions had been twice kept there before And I say under your Lordships Favour the oftner the worse But why is not his Informer produced that there might be Proof and not Hearsay Upon this I said so he concludes That I would make a President against keeping it any more If I did say so the Cause deserved it Men in this Age growing so Bold with Churches as if Profanation of them were no Fault at all The Third Instance concerned Sir Tho. Dacres a Justice of Peace in Middlesex and his Warrant for Punishing some disorderly Drinking The Witnesses the two Church Wardens Colliar and Wilson two plain Men but of great Memories For this Business was when I was Bishop of London and yet they agree in every Circumstance in every Word though so many Years since Well what say they It seems Dr. Duck then my Chancellor had Cited these Church-Wardens into my Court Therefore either there was or at least to his Judgment there seemed to be somwhat done in that business against the Jurisdiction of the Church They say then That the Court ended Dr. Duck brought them to me And what then Here is a Cause by their own confession depending in the Ecclesiastical Court Dr. Duck in the King's Quarters where I cannot fetch him to Testifie no means left me to know what the Proceedings were and I have good cause to think that were all the Merits of the Cause open before your Lordships you would say Sir Tho. Dacres did not all according to
into a Jewish Superstition while we seek to shun Profaneness This Calvin hath in the mean time assured me That those Men who stand so strictly upon the Morality of the Sabbath do by a gross and carnal Sabbatization three times out-go the Superstition of the Jew Here it was inferred that there was a Combination for the doing of this in other Dioceses But no proof at all was offer'd Then Bishop Mountague's Articles and Bishop Wrenn's were Read to shew that Inquiry was made about the Reading of this Book And the Bishop of London's Articles Named but not Read But if I were in this Combination why were not my Articles Read Because no such thing appears in them and because my Articles gave so good content that while the Convocation was sitting Dr. Brownrigg and Dr. Holdsworth came to me and desired me to have my Book confirmed in Convocation to be general for all Bishops in future it was so moderate and according to Law But why then say they were other Articles thought on and a Clause that none should pass without the Approbation of the Arch-Bishop Why other were thought on because I could not in Modesty press the Confirmation of my own though solicited to it And that Clause was added till a standing Book for all Dioceses might be perfected that no Quaere in the Interim might be put to any but such as were according to Law The Sixth Charge was about Reversing of a Decree in Chancery as 't is said about Houses in Dr Walton's Parish given as was said to Superstitious Vses 1. The First Witness was Serjeant Turner He says He had a Rule in the King's Bench for a Prohibition in this Cause But by Reason of some defect what is not mentioned he confesses he could not get his Prohibition Here 's nothing that reflects upon me And if a Prohibition were moved for that could not be personally to me but to my Judge in some Spiritual 〈◊〉 where it seems this Cause depended and to which the Decree in Chancery was directed And indeed this Act which they call a Reversing was the Act and Seal of Sir Nath. Brent my Vicar General And if he violated the Lord Keeper's Decree he must Answer it But the Instrument being then produced it appeared concurrent in all things with the Decree The Words are Juxta scopum Decreti hac in parte in Curiâ 〈◊〉 factum c. 2. The Second Witness was Mr. Edwards And wherein 〈◊〉 concurs with Serjeant Turner I give him the same Answer For that which he adds that Dr. Walton did let Leases of these Houses at an undervalue and called none of the Parishioners to it If he did in this any thing contrary to Justice or the Will of the Donor or the Decree he is Living to Answer for himself me it concerns not For his Exception taken to my Grant of Confirmation I think he means and to the Words therein Omnis Omnimoda c. 'T is the Ancient Stile of such Grants for I know not how many Hundred Years no Syllable innovated or altered by me Then followed the Charge of Mr. Burton and Mr. Pryn about their Answer and their not being suffer'd to put it into the Star-Chamber Which though Mr. Pryn pressed at large before yet here it must come again to help fill the World with Clamour Yet to that which shall but seem new I shall Answer Two things are said 1. The one That they were not suffered to put in their defence Modo Forma as it was laid There was an Order made openly in Court to the Judges to Expunge Scandalous Matter And the two Chief Justices did Order the Expunging of all that which was Expunged be it more or less As appears in the Acts of that Court. 2. The other is that I procured this Expunging The Proofs that I procured it were these 1. First because Mr. Cockshot gave me an Account of the business from Mr. Attorney I had Reason to look after the business the whole Church of England being scandalized in that Bill as well as my self But this is no Proof that I either gave direction or used any solicitation to the Reverend Judges to whom it was referred 2. Secondly because I gave the Lords thanks for it It was openly in Court It was after the Expunging was agreed unto And what could I do less in such a Cause of the Church though I had not been personally concerned in it 3. Thirdly because I had a Copy of their Answer found in my Study I conceive it was not only fit but necessary for me to have one the Nature of the Cause considered But who interlined any passages in it with black Lead I know not For I ever used Ink and no black Lead all my Life These be strange Proofs that I procured any thing Then Mr. Pryn added That the Justice and Favour which was afforded Dr. Leighton was denyed unto him As far as I remember it was for the putting in of his Answer under his own Hand This if so was done by Order of the Court it was not my Act. The last Charge followed And that was taken out of the Preface to my Speech in Star-Chamber The Words are That one way of Government is not always either fit or safe when the Humors of the People are in a continual Change c. From whence they inferred I laboured to reduce all to an Arbitrary Government But I do humbly conceive no construction can force these Words against me for an Arbitrary Government For the meaning is and can be no other for sometimes a stricter and sometimes a remisser holding and ordering the Reins of Government yet both according to the same Laws by a different use and application of Mercy and Justice to Offenders And so I Answer'd to Mr. Brown who charged this against me as one of my ill Counsels to his Majesty But my Answer given is Truth For it is not said That there should not be One Law for Government but not One way in the Ordering and Execution of that Law And the Observator upon my Speech an English Author and well enough known though he pretend 't is a Translation out of Dutch though he spares nothing that may be but carped at yet to this passage he says 't is a good Maxim and wishes the King would follow it And truly for my part I Learned it of a very wise and an able Governour and he a King of England too it was of Hen. 7. of whom the Story says that in the difficulties of his Time and Cause he used both ways of Government Severity and Clemency yet both these were still within the compass of the Law He far too Wise and I never yet such a Fool as to imbrace Arbitrary Government CAP. XXXVI THis day I received a Note from the Committee that they intended to proceed next upon the remainder of the Seventh and upon the Eighth and Ninth Original
were brought up against me My very Pockets searched and my Diary nay my very Prayer-Book taken from me and after used against me And that in some Cases not to prove but to make a Charge Yet I am thus far glad even for this sad Accident For by my Diary your Lordships have seen the Passages of my Life And by my Prayer-Book the greatest Secrets between God and my Soul So that you may be sure you have me at the very bottom Yet blessed be God no Disloyalty is found in the one no Popery in the other 3 That all Books of Council-Table Star-Chamber High-Commission Signet-Office my own Registeries and the Registeries of Oxford and Cambridge have been most exquisitely searched for matter against me and kept from me and my use and so affording me no help towards my Defence 4. I humbly desire your Lordships to remember in the Fourth Place That the things wherein I took great Pains and all for the Publick Good and Honour of this Kingdom and Church without any the least Eye to my own Particular nay with my own great and large Expences have been objected against me as Crimes As namely the Repair of S. Pauls and the Setling of the Statutes of the Vniversity of Oxford 1 For S. Pauls not the Repair it self they say no for very shame they dare not say that though that be it which Galls the Faction but the Demolishing of the Houses which stood about it Yea but without taking down of these Houses it was not possible to come at the Church to repair it which is a known Truth And they were taken down by Commission under the Broad Seal And the Tenants had Valuable Consideration for their several Interests according to the number of their Years remaining And according to the Judgment of Commissioners named for that purpose and named by his Majesty and the Lords not by me Nor did I ever so much as sit with them about this Business And if the Commission it self were any way Illegal as they urge it is that must reflect upon them whose Office was to Draw and Seal it not on me who understood not the Legality or Illegality of such Commissions nor did I desire that any one circumstance against Law should be put into it nor is any such thing so much as offered in Proof against me And because it was pressed that these Houses could not be pulled down but by Order of Parliament and not by the King's Commission alone I did here first read in part and afterwards according to a Salvo granted me deliver into the Court Three Records two in Ed. 1. Time and one in Ed. 3. Time in which are these Words Authoritate nostra Regali prout opus fuerit cessantibus quibuscunque Appellationum Reclamationum diffugiis Juris Scripti aut Patriae strepitu procedatis Nova AEdificia quae c. amoveri divelli penitus faciatis c. And a little after Quousque per nos cum deliberatione avisamento nostri Consilii super hoc aliter fuerit Ordinatum c. Here 's no staying for a Parliament here 's no Recompence given here 's Barring of all Appeal nay all remedy of Law though written And all this by the King 's own Authority with the Advice of his Council And is a far more moderate way taken by me yet under the same Authority and for the removal of far greater Abuses and for a more noble End become Treason 2 As for the Statutes of Oxford the Circumstances charged against me are many and therefore I craved leave to refer my self to what I had already answered therein 5. Fifthly Many of the Witnesses brought against me in this Business are more than suspected Sectaries and Separatists from the Church which by my place I was to punish and that exasperated them against me whereas by Law no Schismatick ought to be received against his Bishop And many of these are Witnesses in their own Causes and pre-examined before they come in Court At which pre-examination I was not present nor any for me to cross-interrogate Nay many Causes which took up divers Days of Hearing in Star-Chamber High-Commission and at Council-Table are now upon the sudden easily overthrown by the Depositions of the Parties themselves And upon what Law this is grounded I humbly submit to your Lordships And such as these are the Causes of Mr. Pryn Mr. Burton Mr. Wilson Alderman Chambers Mr. Vassal Mr. Waker Mr. Huntly Mr. Foxlye and many other Where I humbly represent also how impossible it is for any Man that sits as a Judge to give an account of all the several Motives which directed his Conscience in so divers Causes and so many Years past as these have been and where so many Witnesses have been Examined as have been here produced against me My Lords above a Hundred and Fifty Witnesses and some of them Three Four Six Times over and Mr. Pryn I know not how often Whereas the Civil Law says expresly that the Judges should moderate things so that no Man should be oppressed by the multitude of Witnesses which is a kind of Proof too that they which so do distrust the truth and goodness of their Cause Besides my Lords in all matters which came before me I have done nothing to the uttermost of my Understanding but what might conduce to the Peace and Welfare of this Kingdom and the maintenance of the Doctrine and Discipline of this Church established by Law and under which God hath blessed this State with so great Peace and Plenty as other Neighbouring Nations have looked upon with Admiration And what Miserie 's the overthrow of it which God in Mercy forbid may produce he alone knows 6. Sixthly my Lords there have been many and different Charges laid upon me about Words But many of them if spoken were only passionate and hasty And such upon what occasion soever drawn from me and I have had all manner of Provocations put upon me may among humane Errours be pardoned unto me if so it please your Lordships But for such as may seem to be of a higher Nature as those witnessed by Sir Henry Vane the Elder I gave my Answer again now fully to the Lords but shall not need to repeat it here 7. Then my Lords for my Actions not only my own but other Mens have been heavily Charged against me in many Particulars and that Criminally and I hope your Lordships will think Illegally As Secretary Windebank's Bishop Montague's my Chaplains Dr. Heilyn's Dr. Cosens Dr. Pocklinton's Dr. Dove's Mr. Shelford's and divers others And many of these Charges look back into many Years past Whereas the Act made this present Parliament takes no notice of nor punishes any Man for any thing done and past at the Council-Table Sar-Chamber or High-Commission much less doth it make any thing Treason And out of this Act I am no way Excepted Besides as I have often Pleaded all Acts done in in the Star-Chamber
Witness I laboured nothing but the Settlement of the Decent External Worship of God among us which whatever some other Men think I know was sunk very low and if in labouring this I did err in any Circumstance for in matter of Substance I am sure I did not that may be forgiven me for Humanity sake which cannot free it self from Error But that which brought all these Distractions both upon Church and State was the bringing in of the Scots and the keeping of them here at a vast charge only to serve Turns and those very base ones And to the debasing and dishonour of this whole Nation as well as the King And how far this Lord had his Hand or his Head in this Treacherous Business he best knows Sure I am his Lordship is thought one of the chief Moulders of this Leaven of the Pharisees But my Lord thinks himself safe enough so he can cry me up among the Rabble to be the Author of all And not content with this he insults farther upon me as follows Yet to magnifie his Moderation presently after the breaking of the last Parliament he told a Lord who sits now in my sight that if he had been a Violent Man he wanted no occasion to shew it For he observed that the Lord Say never came to Prayers and added that I was in his knowledge as great a Separatist as any was in England What ever it was I said was not to magnifie my Moderation Nor do I remember that ever I spake these words Yet First if any Lord will say upon his Honour that I did say these very Words I will bear him and the Peerage of the Realm that Honour as that I will submit and believe his Testimony against my own Old now and Weak Memory Next upon enquiry made by some Friends of mine I find that the Words I should speak are said to be these that if I listed to take any advantage against this Honourable Lord I had as much exception to him as to any Separatist in England These Words are neither so Bold nor so Vncivil as those in the Charge and perhaps I might speak these though I remember it not For during the last Parliament not so few as Ten or a Dozen several Lords came to me of themselves as I sat there and complained grievously of this Lord's absenting himself from the Prayers of the Church and some of them wondred he was not questioned for the Scandal he gave by it And if any of them would be so mean as to urge me to speak by speaking Broad themselves and then carry the Tale to this Noble Lord he did that who ever he were which I hope was not the Noblest of his Actions and if I did say these latter Words of this great Lord I must and do say them again and I heartily beseech God that this Sin be not laid to my Charge that I questioned him not when the Times were calmer For had I done that I had done my Duty and if I had not cured him perhaps I might have prevented so much common danger to this Church as his Lordship hath procured since that time both by his Example his Counsel and his Countenance And for the Words I doubt not but he himself will be found to have made them good before I have done examining this Speech of his Lordship In the mean time my Lord proceeds My Lords how far he hath spit this Venom of his against me I am not certain but I may well fear where it might do me greatest Prejudice I shall therefore intreat your Lordships Favour and Patience that I may give you in these things which so nearly concern me a true account of my self which I shall do with Ingenuity and Clearness and so as that if I satisfie not all Men yet I hope I shall make it appear I am not such a one as this Waspish Man was willing to make the World believe I have spit no Venom against his Lordship much less have I spit any thing far For this Report which is here called Venom is common through the Kingdom And I have already told you what divers Lords said to me during the last Parliament And that is no more than hath been avowed unto me by very many others and some of very good Quality so the spreading was to me not from me But yet my Lord fears I spread it where it might do him greatest Prejudice I know not what my Lord means by this unless it be that I should spread it to his Majesty And if that be his meaning I will tell his Lordship truth what I know therein I was present when I heard some Lords more than once tell the King that the Lord Say was a Separatist from the Church of England and would not come at her Common-Prayers And one of these Lords afterwards told me he did conceive it was a great danger to this Kingdom when Noblemen should begin to separate in Religion and that his Majesty had need look to it To this last which was spoken to me in private but I will depose the Truth of it I could not but assent And to the former I then said I had heard as much as was then told his Majesty but I was not certain of it And I doubt not but these Lords sit in his Lordship's sight as well as that Lord who told him the other of me And not in his Sight only but in his Affections also as things go now But however they carry it with him now this they said of him then Nor will I here pick a Thanks to tell this Lord what Service I did him to his Majesty when he was thought to be in danger enough though I was chidden by a Great one that stood by for my Labour I shall therefore intreat the Christian Reader 's Favour and Patience that having hitherto given him a most true and clear Account of that which my Lord charges me with and doth nearly concern me So I may proceed to the rest which I do with all Ingenuity and Truth And so as that if I satisfie not all Men yet I hope I shall make it appear that I am not such a Waspish Man as my Lord would fain render me to the World But if I have been a Wasp in any Court wherein I have had the Honour to sit yet his Lordship should not have called me so considering what a Hornet all men say he is in the Court of Wards and in other Places of Business Where he pinches so deep that discreet Men are in a doubt whether his Aim be to sting the Wards or the Court it self to Death first For no Man can believe 't is for the good of the King And if I fail in this endeavour of mine to clear my self I must desire the Courteous Reader to ascribe it not to my Cause which is very good against his Lordship but to the narrowness of my Comprehensions and my Weakness compared with his
as are warrantable by Act of Parliament 6. All Fortifications to desist and no further working therein and they to be remitted to his Majesty's Pleasure 7. To restore to every one of his Majesty's Subjects their Liberty Lands Houses Goods and Means whatsoever taken and detained from them by whatsoever means since the aforesaid time The Copy of the Act of the Pacification as it passed under his Majesties Hand and includes these Articles above written is as follows Ch. R. WE having considered the Papers and humble Petitions presented unto us by those of our Subjects of Scotland who were admitted to attend our pleasure in the Camp and after a full Hearing by Our Self of all that they could say or alledge thereupon having communicated the same to Our Council of both Kingdoms upon mature deliberation with their unanimous Advice We have thought fit to give them this Just and Gracious Answer That though We cannot condescend to Ratifie and Approve the Acts of the pretended General Assembly at Glasgow for many Grave and Weighty Considerations which have happened both before and since much importing the Honour and Security of that true Monarchical Government Lineally descended upon Us from so many of Our Ancestors Yet such is Our Gracious Pleasure That notwithstanding the many disorders committed of late We are pleased not only to confirm and make good whatsoever Our Commissioner hath granted and promised in Our Name But also We are further Graciously pleased to declare and assure That according to the Petitioner's humble desires all Matters Ecclesiastical shall be determined by the Assemblies of the Kirk and Matters Civil by the Parliament and other inferiour Judicatories Established by Law which accordingly shall be kept once a Year or as shall be agreed upon at the General Assembly And for setling the general distractions of that Our Ancient Kingdom Our Will and Pleasure is that a free General Assembly be kept at Edinburgh the sixth day of August next ensuing where We intend God willing to be personally present And for the Legal Indiction whereof We have given Order and Command to Our Council and thereafter a Parliament to be holden at Edinburgh the 20th day of August next ensuing for Ratifying of what shall be concluded in the said Assembly and setling such other things as may conduce to the Peace and Good of Our Native Kingdom and therein an Act of Oblivion to be passed And whereas We are further desired that Our Ships and Forces by Land be recalled and all Persons Goods and Ships restored and they made safe from Invasion We are Graciously pleased to Declare that upon their disarming and disbanding of their Forces dissolving and discharging all their pretended Tables and Conventicles and restoring unto Us all Our Castles Forts and Ammunitions of all sorts as likewise Our Royal Honours and to every one of Our Good Subjects their Liberty Lands Houses Goods and Means whatsoever taken and detained from them since the late pretended General Assembly We will presently thereafter recall Our Fleet and retire our Land-Forces and cause Restitution to be made to all Persons of their Ships and Goods detained and arrested since the aforesaid time Whereby it may appear that Our intention in taking up of Arms was no ways for Invading of Our Native Kingdom or to Innovate the Religion and Laws but meerly for the Maintaining and Vindicating of Our Royal Authority And since that hereby it doth clearly appear that We neither have nor do intend any alteration in Religion or Laws but that both shall be maintained by Us in their full integrity We expect the performance of that Humble and Dutiful Obedience which becometh Loyal and Dutiful Subjects and as in their several Petitions they have often professed And as We have just Reason to believe that to Our peaceable and well-affected Subjects this will be satisfactory so We take God and the World to witness that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their disobedient Courses is not occasioned by us but by their own procurement This Pacification was not much sooner made by the King than it was broken by the Scots For whereas it was agreed by the Seventh Article and is repeated in the Body of the Pacification That every one of his Majesties good Subjects shou'd enjoy their Liberty Lands Houses Goods and Means whatsoever taken and detayned from them since the aforesaid time The * Lord Lindsay in the Name of the rest made a Protestation either in the Camp at Dunns or at the Cross in Edinburgh that no Bishop or Clergyman was included in this Pacification which yet in manifest and plain Terms extended it self to all the Kings good Subjects And this Protestation was so pursued as that it obtained and no Clergyman was relieved in any the Particulars Upon this and other Particulars agitated in Parliament amongst them his Majesty thought fit to look to himself and examine their Proceedings farther To this end he often called his Council and in particular made a Committee of eight more particularly to attend that service They were the Lord Bishop of London then Lord Treasurer the Lord Marquis Hamilton the Earl of Northumberland Lord Admiral the Earl of Strafford Lord Deputy of Ireland the Lord Cottington Sir Henry Vane and Sir Francis Windebanck Secretaries and my self to which was after added the Earl of Arundel Lord Marshal And though I spake nothing of these Scottish Businesses but either openly at Council-Table or in presence of all or so many of this Committee as occasionally met and so had Auditors and Witnesses enough of what I did or said yet it was still cast out among the 〈◊〉 that I was a chief Incendiary in the Business Where yet had I said or done any thing worse than other there wanted not Sir Henry Vane to discover it At this Committee many things were proposed diversly for the Aid and Assistance of the King and many Proposals rejected as Illegal At last the Lord Lieutenant of Ireland propos'd the calling of a Parliament Much was not said against this but much said for it Nor indeed was it safe for any Man to declare against it after it was once publickly moved So a Parliament was resolved on and called against April 13. 1640. At that time it sat down and many Tumultuary Complaints were made by the Scots against the Bishops and Church Government in England and with great vehemency against my self All this while the King could get no Money to Aid him against the Scottish Rebellion At last after many Attempts Sir Henry Vane told the King plainly that it was in vain to expect longer or to make any other overture to them For no Money wou'd be had against the Scots Hereupon his Majesty called all his Lords of Council together and upon Maij 5. being Tuesday at Six in the Morning they met in the Council-Chamber I by the mistake of the Messenger was warned
After they had continued at York till Octob. 28. the King and the Lords returned and the Parliament sate down Novemb. 3. Great Heats appear'd in the very beginning On Wednesday Novemb. 10. Tho. L. 〈◊〉 Earl of Strafford was accused by the House of Commons of High Treason and Committed by the Lords to Mr. James Maxwell the Officer of the House And upon general Articles sent up He was upon Wednesday Novemb. 25. committed to the Tower It is thought and upon good Grounds that the Earl of Strafford had got Knowledge of the Treason of some Men and that he was preparing to accuse them And this Fear both hastned and heated the proceedings against him And upon Dec. 4. being Friday his Majesty at the great Importunity of some Lords of his Council gave way that his Council should be examined upon Oath in the Earl of Strafford's Case and I with others was examined that very Day There were great Thoughts of Heart upon this Business and somewhat vapoured out at Mens Tongues but the thing was done Now at and after the breaking up of the late Parliament Sir Hen. Vane at the private Committee concerning the Scotch Affairs before mentioned instead of setting down the Heads of the several Businesses then Treated of Writ down what every Man said at the Committee though it were but Matter of deliberation and debate Afterwards by a cunning conveyance between his Son who had been Governour in New-England and himself this Paper or a Copy of it was delivered to some Members of the House of Commons and in all probability was the Ground of that which was after done against the Lord Strafford my self and others and the Cause why the King was so hard pressed to have the Lords and others of his Council examined was that so Sir Henry Vane might upon Oath avow the Paper which his Son had seen and shewed and others be brought to witness as much had Truth and their Memories been able to say as much as his Paper After the examination of me and others concerning these Particulars there arose great and violent Debates in the House of Commons against the Bishops and particularly their Votes in Parliament After that Decemb. 16. 1640. they Voted against the late Canons as containing in them many Matters contrary to the fundamental Laws and Statutes of the Realm to the Rights of Parliaments to the Property and Liberty of the Subject and matters tending to Sedition and of dangerous Consequences I was made the Author of all and presently a Committee put upon me to inquire into my Actions and prepare a Charge The same Morning in the Upper-House I was Named as an Incendiary in an Accusation put in by the Scottish Commissioners For now by this Time they were come to that Article of the Treaty which reflected upon me And this was done with great noise to bring me yet further into Hatred with the People especially the Londoners who approved too well the Proceedings of their Brethren the Scots and debased the Bishops and the Church Government in England The Articles which the Scots put into the Upper House by the Hands of their Lords Commissioners against me Decemb. 15. were read there Decemb. 16. I took out a true Copy as it follows here And though I was to make no answer then till the House of Commons had digested them and taken as much out of them as as they pleased to fill my intended Charge withall yet because I after found that the House of Commons insisted upon very few of these particulars if any I thought my self bound to vindicate my Innocency even in these Particulars which shall now appear in their full strength against me if they have any in Wise and Learned Mens Judgments CAP. III THe Novations in Religion which are universally acknowledged to be the main Cause of Commotions in Kingdoms and States and are known to be the true Cause of our present Troubles were many and great besides the Books of Ordination and Homilies First some particular alterations in matters of Religion pressed upon us without Order and against Law contrary to the Form established in our Kirk Secondly a new Book of Canons and Constitutions Ecclesiastical Thirdly a Liturgy or Book of Common-Prayer which did also carry with them many dangerous Errours in matters of Doctrine Of all these we challenge the Prelate of Canterbury as the prime Cause on Earth I shall easily grant that Novations in Religion are a main Cause of Distempers in Commonwealths And I hope it will be as easily granted to me I am sure it should that when great Distempers fall into Kingdoms and Common-wealths the only way to ingage at home and get Credit abroad is to pretend Religion which in all Ages hath been a Cloak large enough to cover at least from the Eyes of the Many even Treasons themselves And For the present Troubles in Scotland Novations in Religion are so far from being known to be the true Cause as that it is manifest to any Man that will look upon it with a single Eye that Temporal Discontents and several Ambitions of the great Men which had been long a working were the true cause of these Troubles And that Religion was call'd in upon the bye to gain the Clergy and by them the Multitude For besides that which was openly spoken by the right Honourable James then Earl of Carlile that somewhat was a brewing in Scotland among some discontented there which wou'd break out to the Trouble of this Kingdom 't is most apparent there were many discontents among them Some whereof had no relation at all to Religion and were far antienter than the Troubles now began and were all Legally proved against the Lord Balmerino who was condemned of high Treason before any of these Stirs began For there were Grievances as they said propounded in the Convention Anno 1628. about Coyning and their black Money which they say were slighted again in the Parliament held 1633. Murmuring also there was as if the Articles and Parliament were not free Great Clamour likewise was there against the Bishops Power in choosing the Lords of the Articles though that Power belonged unto them by the fundamental Laws of that Kingdom As much against the Act of Revocation and the Taxations which yet were voluntarily offer'd and miscalled on purpose to edge the People As also for Applying as they said these Taxations to wrong uses With all which and more Religion had nothing to do Nay this discontented Party grew so High and so Bold that a very Base and Dishonourable Libel was made and spread against the King Anno 1633. by these and the like Pretences to alienate the Hearts of the People from him Of this Libel if one Hagg were the Authour Balmerino was the Divulger and so prov'd And though it be true that then also some things were to be done against the Church-government yet their
Novations now spoken of were not then on Foot So that it is evident enough to any Man that will see that these Commotions had another and a higher cause than the present pretended Innovations And if his Majesty had played the King then he needed not have suffered now Besides they are no Fools who have spoken it freely since the Act of Oblivion for the Scottish Business was passed that this great League before mentioned between the discontented Party of both Kingdoms was Consulted on in the Year 1632. and after the King 's being in Scotland Anno 1633. it went on till they took occasion another way to hatch the Cockatrice Egg which was laid so long before But they say these Novations were great besides the Books of Ordination and Homilies So the Books of Ordination and Homilies were great Novations Had they then in Scotland no set Form of Ordination I promise you that 's next Neighbour to no Ordination and no Ordination to no Church formal at least And therefore if this be a Novation among them its high time they had it And for the Homilies if they taught no other Doctrine than was established and current in the Church of Scotland they were no Novations and if they did contain other Doctrine they might have Condemned them and there had been an end Howsoever if these Books be among them in Scotland they were sent thither in King James his Time when the Prelate of Canterbury neither was nor could be the prime cause on Earth of that Novation The other Novations which they proceed unto are first some particular Alterations in matters of Religion pressed upon them without Order and against Law To this I can say nothing till the particular Alterations be named Only this in the general be they what they will the Scottish Bishops were to blame if they pressed any thing without Order or against Law And sure I am the Prelate of Canterbury caused them not nor would have consented to the causing of them had he known them to be such The two other Novations in which they instance are the Book of Canons and the Liturgy which they say contain in them many dangerous Errours in Matter of Doctrine To these how dangerous soever they seem I shall give I hope a very sufficient and clear answer and shall ingenuously set down whatsoever I did either in or to the Book of Canons and the Liturgy and then leave the ingenuous Reader to judge how far the Prelate of Canterbury is the prime cause on Earth of these Things ART I. AND first that this Prelate was the Author and Vrger of some particular Things which made great disturbance amongst us we make manifest first by Fourteen Letters Subscribed W. Cant. in the space of two Years to one of our pretended Bishops Ballatine wherein he often enjoyns him and our other pretended Bishops to appear in the Chappel in their Whites contrary to the Custom of our Kirk and to his own Promise made to the pretended Bishop of Edinburgh at the Coronation That none of them after that Time should be more pressed to wear those Garments thereby moving him against his Will to put them on for that time Here begins the first Charge about the Particular Alterations And first they Charge me with Fourteen Letters written by me to Bishop Ballantyne He was then Bishop of Dunblain and Dean of His Majesties Chappel Royal there He was a Learned and a Grave Man and I did write divers Letters to him as well as to some other Bishops and some by Command but whether just fourteen or no I know not But sure I am their Love to me is such that were any thing worse than other in any of these Letters I should be sure to hear of it First then They say I injoyned wearing of Whites c. surely I understand my self a great deal better than to injoyn where I have no Power Perhaps I might express that which His Majesty Commanded me when I was Dean of his Majesty's Chappel here as this Reverend Bishop was in Scotland And His Majesty's Express Command was that I should take that care upon me that the Chappel there and the Service should be kept answerable to this as much as might be And that the Dean should come to Prayers in his Form as likewise other Bishops when they came thither And let my Letters be shewed whether there be any Injoyning other than this and this way And I am confident His Majesty would never have laid this Task upon me had he known it to be either without Order or against Law Next I am Charged that concerning these Whites I brake my Promise to the Bishop of Edinburgh Truly to the uttermost of my Memory I cannot recall any such Passage or Promise made to that Reverend and Learned Prelate And I must have bin very ill advised had I made any such Promise having no Warrant from his Majesty to ingage for any such thing As for that which follows that he was moved against his will to put on those Garments Truly he expressed nothing at that time to me that might signifie it was against his Will And his Learning and Judgment were too great to stumble at such External Things Especially such having been the Ancient Habits of the most Reverend Bishops from the descent of many Hundred Years as may appear in the Life of St. Cyprian And therefore the Novation was in the Church of Scotland when her Bishops left them off not when they put them on In these Letters he the Prelate of Canterbury directs Bishop Ballantine to give Order for saying the English Service in the Chappel twice a day For his neglect shewing him that he was disappointed of the Bishoprick of Edinburgh promising him upon his greater care of these Novations advancement to a better Bishoprick For the direction for Reading the English Service it was no other than His Majesty Commanded me to give And I hope it is no Crime for a Bishop of England by His Majesties Command to signifie to a Bishop in Scotland what his pleasure is for Divine Service in his own Chappel Nor was the Reading of the English Liturgy any Novation at all in that place For in the Year 1617. I had the Honour as a Chaplain in Ordinary to wait upon King James of Blessed Memory into Scotland and then the English Service was Read in that Chappel and twice a Day And I had the Honour again to wait upon King Charles as Dean of His Majesties Chappel Royal here at his Coronation in Scotland in the Year 1633 And then also was the English Service Read twice a Day in that Chappel And a strict Command was given them by His Majesty that it should be so continued and Allowance was made for it And none of the Scots found any fault with it at that time or after till these Tumults began And for Bishop Ballantyn's missing the Bishoprick of Edinburgh and my promising him
maintained and Practised in all other Reformed Churches unless these Men be so strait Laced as not to admit the Churches of Sweden and Denmark and indeed all or most of the Lutherans to be Reformed Churches For in Sweden they retain both the Thing and the Name and the Governours of their Churches are and are called Bishops And among the other Lutherans the Thing is retained though not the Name For instead of Bishops they are called Superintendents and instead of Archbishops General Superintendents And yet even here too these Names differ more in sound than in sense For Bishop is the same in Greek that Superintendent is in Latin Nor is this change very well liked by the Learned Howsoever Luther since he would change the Name did yet very wisely that he would leave the Thing and make choice of such a name as was not altogether unknown to the Ancient Church For St. Augustine mentions it as plainly and as fully as any of these As for the Eminency which they say their Kirk of Scotland had amongst them I envy it not but God bless it so that it may deserve Eminence and have it And now we are come to the close of all in which their desire is expressed This also we represent to your Lordships most serious Consideration That not only the Fire-brands may be removed but the Fire may be provided against that there be no more Combustion afterwards Decemb. 15. 1640. Ad. Blayer Their request is That not only the Bishops whom they are pleased to call the Fire-brands which indeed themselves and their Adherents are but the Office or Episcopacy it self which they call the Fire may be provided against That there may be no combustion after This I as heartily wish as any Man can but see as little cause to hope for For what hope can there be against after-Combustion while the Fire which they themselves have kindled while they call other Men Incendiaries burns on still and is like to fasten upon the very Foundations to the eating of them out Yet I desire here that the Justice and the Indifferency of these Men may be well considered and that in two things The one in the Cause it self For Episcopacy is settled by Law here Nay it is many ways woven into the Laws and Customs of this Realm And their great Complaint is that their Presbyteries which they say are established by their Law were offer'd to be supprest So they are angry that their Presbyteries should be touch'd against their Law but Episcopacy must be destroyed though it be never so much against our Law The other piece of their Justice is Personal to me For here at one and the same time and in this one and the same Charge they do by Consequences lay load on me as if I had invaded their Laws while they invade ours avowedly and dare present this their Invasion as well as that by Arms in full and open Parliament of England to have their Will in the one and their Reward for the other Now if these two Forms of Ecclesiastical Government by Episcopacy and by Presbyteries be inconsistent under one Monarch as they themselves here confess then I were I at liberty would humbly beseech the Lords to consider First whether these men have any shew or colour of Justice in this their demand Secondly whether that Form of Church-Government which hath come down from the Apostles continued to this Day is established by the Laws and usage of this Kingdom ever since it was Christian be not fitter for them to embrace and settle than that Form which is but of Yesterday and hath no acquaintance at all with our Laws nor is agreeable with Monarchy And lastly when the Bishops are taken away and a Parity the Mother of confusion made in the Church and the Church-Lands Sacrilegiously made a Prey which I have long feared is not the least Aim of too many whether then the Temporal Lords shall not follow after And whether their Honour will not then soon appear too great and their Means too full till a Lex Agraria will pass upon them and lay them level with them whom some of them Favour too much And when these things are considered God Bless them whom it most concerns to lay it to Heart betimes if Time be not slipped already Here having answer'd to all which the Scots have laid in against me I would have the Scotch Service inserted and Printed The Book lyes by me very exactly translated into Latin And so I hope this Tract shall be CAP. V. AND now having answered and I hope sufficiently to all the Particulars in the Charge of the Scots against me I must return to the History again as I left it Where I told you the House of Commons were very angry with the late Canons and joyning this Accusation of the Scots to such Articles as they in their Committee had framed against me upon Decemb. 18. 1640. they accused me of High Treason †as is before expressed and I was committed to Custody to Mr. James Maxwell the Officer of the Vpper House When they had lodg'd me here I was follow'd with sharpness in both Houses upon all Occasions of any Complaint made against the proceedings at Council-Table Star-Chamber High-Commission or any place or thing in which I had ought to do Nothing omitted by some cunning Agents which might increase the Rage and Hatred of the People against me The chief Instruments herein were the Brownists and they which adhered unto them who were highly offended with me because I hindred and Punished as by Law I might their Conventicles and Separation from the Church of England And though I pitied them as God knows from my very Heart yet because necessity of Government forc'd me to some Punishment their Malignity never gave me over Among and above the rest there were three Men Mr. Henry Burton a Minister Benificed in Friday-street in London Dr. John Bastwick a Phisician and Mr. William Pryn a Common Lawyer who were censured Junii 14. 1637. in the Star-Chamber for notorious Libels Printed and Published by them against the Hierarchy of the Church They were then and there Sentenced to stand in the Pillory and lose their Ears and because they should not stay farther to infect London they were sent away by Order of that Court Mr. Burton to Garnsey Dr. Bastwick to Silly and Mr. Pryn to Jersy In the giving of this Sentence I spake my Conscience and was after commanded to Print my Speech But I gave no Vote because they had fallen so personally upon me that I doubted many Men might think Spleen and not Justice led me to it Nor was it my Counsel that advised their sending into those remote Parts The Brownists and the preciser Part of the Kingdom were netled at this and the Anger turned upon me tho' I were the Patient all along For they had published most venomous Libels against me and I did but shew such as came
Majesty's Subjects And hath as much as in him lyeth indeavoured to corrupt other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices and procuring the Sale of them contrary to the Laws and Statutes in that behalf I did least of all expect this Charge For I have not corruptly sold Justice either as Arch-Bishop High-Commissioner Referree or otherwise Nor have I taken any unlawful Gift or Bribe of any his Majesty's Subjects And though in this Article there is no particular mentioned more than in the rest yet I am not ignorant that I have been Charged in the House of Commons for taking two Pipes of Sack from one Mr. Tho. Stone as a Bribe for the abarement of a Fine imposed upon some Men of Chester by the High-Commission at York Which power of Abatement was in me by vertue of a Broad-Seal granted me to that purpose bearing Date ..... Now because there is no Particular known to me but this belonging to this or any other Article and because I know not what course the Parliament will hold with me namely whether they will produce Particulars or proceed by Bill of Attainder I will take opportunity here to unfold all that is true in this odious Accusation of Stone And the Case is thus Mr. Stone knowing that these Fines with other were given by his Majesty towards the repair of St. Pauls in London and that the Trust of that Business with Power to abate any Fine was committed to me under the Broad Seal of England became a very earnest Suiter to me in the behalf of these Chester-Men fined at York And he set divers of his Friends and mine upon me for abatement of this Fine And among others his own Son-in-Law Mr. William Wheat Barrister at Law who had been bred under me in St. John's Colledge in Oxford and Mr. Wheat 's Brother Doctor Baylie then Dean of Salisbury In this Suit Stone pretended and protested too that these Men ought him two or three Thousand Pound I well remember not whether and that he should lose it all if these Mens Fines were not abated For they would hide their Heads and never appear again During this Suit he came twice if not thrice to my Steward and told him he had at present excellent Sack and that he would send in two Pipes for me My Steward at each time refused his motion and acquainted me with it as my Command ever was he should do in Cases of receiving any thing into my House I at every of these times commanded it should not be received Mr. Stone then protested to my Steward that he did not offer this as any Bribe or Gratuity for the business of the Chester-Men but meerly as a Token of his Thankfulness for many and great Kindnesses done by me to himself his Son-in-Law and his Friend Doctor Baylie Notwithstanding this I gave absolute Command the Sack should not be received When Mr. Stone saw this he found a time to send in the Sack when my Steward was not in the House and told my Under-Servants that my Steward was acquainted with it The next time Mr. Stone came to the House which as far as I remember was the very next day My Steward told him he would send back the Sack and was about to do it as he after assured me Then Mr. Stone was very earnest with him that he would save his Credit and not send the Wine back to his disgrace renewing his former deep Protestations that he had in this no relation at all to the Chester-Mens business Upon this my Steward being acquainted with him and his fore-named Friends trusted him and let the Wine stay contrary to my former Commands After all this this unworthy Man put the price of this Wine upon the Chester-Mens Account as if for that Gift I had abated their Fine and so gave them an occasion to complain of me to the Parliament Whereas both the Chester-Men and Mr. Stone himself had before acknowledged I had used them kindly in the Composition for their Fine and wished they had been referred to me for the whole Cause And for my whole carriage in this business I dare refer my self to the Testimony of Mr. Stone 's own son-in-Son-in-Law and Doctor Baylie who were the chief Men whom Mr. Stone imployed to me Besides after all this cunning it will appear by my Servants their Accounts that the Wine was not brought into my House in the cunning manner before mentioned till divers days after I had compounded with the Chester-Men for their Fine so a Bribe for doing a business it could not be And upon the whole matter I am verily perswaded considering Stone 's Profession in Religion for he is a Brownist or next Neighbour to him that he did this of set purpose to see if he could insnare me in this way Lastly I desire the Lords and all Men that have had any thing to do with me to look upon me in the whole course of my Life wherein they shall find me untainted with so much as the value of Six-pence in this base way And it is not unknown to the World that for many Years together I had opportunities enough to inrich my self by such a way had I been minded to take that course Whereas now it is well known my Estate is the meanest of any Arch-Bishop's of Canterbury that hath sate for many Years And having carried it thus along for all my Life I presume no Man can be so injurious to me as to think I would now in mine Old Age being Sixty Eight when this was Charged upon me sell either my Conscience or my Honour for a Morsel of Bread or a Cup of Wine And for the other part of this Article I did never advise his Majesty to sell Places of Judicature or other Offices or procure the Sale of them contrary to Law 5. He hath Traiterousty caused a Book of Canons to be Composed and Published and those Canons to be put in Execution without any lawful Warrant and Authority in that behalf In which pretended Canons many Matters are contained contrary to the King's Prerogative to the Fundamental Laws and Statutes of this Realm to the Right of Parliament to the Propriety and Liberty of the Subjects and Matters tending to Sedition and of dangerous Consequence and to the Establishment of a vast unlawful and presumptuous Power in himself and his Successors Many of the which Canons by the practice of the said Arch-Bishop were surreptitiously passed in the last Convocation without due Consideration and Debate others by fear and 〈◊〉 were Subscribed to by the Prelates and Clerks there 〈◊〉 which had never been Voted and passed in the Convocation as they ought to have been And the said Arch-Bishop hath contrived and endeavoured to assure and confirm the Vnlawful and Exorbitant Power which he hath Vsurped and Exercised over his Majesty's Subjects by a Wicked and Vngodly Oath in one
of the said pretended Canons enjoyned to be taken by all the Clergy and many of the Laity of this Kingdom I Composed no Book of Canons The whole Convocation did it with unanimous Consent So either I must be free or that whole Body must be guilty of High-Treason For in that Crime all are Principals that are guilty Accessory there is none Neither did I publish or put in Execution those Canons or any of them but by Lawful Authority And I do humbly conceive and verily believe there is nothing in those Canons contrary either to the King's Prerogative the Fundamental Laws of the Realm the Rights of Paliament the Propriety and Liberty of the Subjects or any matter tending to Sedition or of dangerous consequence or to the establishment of any vast or unlawful Power in my self and my Sucessors Neither was there any Canon in that Convocation surreptitiously passed by any practice of mine or without due Consideration and Debate Neither was there any thing in that Convocation but what was voted first and subscribed after without fear or compulsion in any kind And I am verily perswaded there never sate any Synod in Christendom wherein the Votes passed with more freedom or less practice than they did in this And for the Oath injoyned in the sixth Canon as it was never made to confirm any unlawful or exorbitant Power over his Majesty's Subjects so I do humbly conceive that it is no Wicked or Ungodly Oath in any respect And I hope I am able to make it good in any learned Assembly in Christendom that this Oath and all those Canons then made and here before recited and every Branch in them are Just and Orthodox and Moderate and most necessary for the present Condition of the Church of England how unwelcom soever to the present Distemper 6. He hath traiterously assumed to himself a Papal and Tyrannical Power both in Ecclesiastical and Temporal Matters over his Majesty's Subjects in this Realm of England and other places to the Disinherison of the Crown Dishonour of his Majesty and Derogation of his Supreme Authority in Ecclesiastical Matters And the said Arch-Bishop claims the King 's Ecclesiastical Jurisdiction as incident to his Episcopal and Archiepiscopal Office in this Kingdom and doth deny the same to be derived from the Crown of England which he hath accordingly exercised to the high contempt of his Royal Majesty and to the destruction of divers of the King's Liege-People in their Persons and Estates I have not assumed Papal or Tyrannicl Power in matters Ecclesiastical or Temporal to the least Disinherison Dishonour or Derogation of his Majesty's Supream Authority in matters Ecclesiastical or Temporal I never claimed the King's Ecclesiastical Jurisdiction as incident to my Episcopal or Archiepiscopal Office in this Kingdom Nor did I ever deny that the exercise of my Jurisdiction was derived from the Crown of England But that which I have said and do still say concerning my Office and Calling is this That my Order as a Bishop and my Power of Jurisdiction is by Divine Apostolical Right and unalterable for ought I know in the Church of Christ. But all the Power I or any other Bishop hath to exercise any the least Power either of Order or Jurisdiction within this Realm of England is derived wholly from the Crown And I conceive it were Treasonable to derive it from any other Power Foreign or Domestick And for the Exercise of this Power under his Majesty I have not used it to the Contempt but to the great Advantage of his Royal Person and to the Preservation not the Destruction of his People Both which appear already by the great Distractions Fears and Troubles which all Men are in since my Restraint and which for ought I yet see are like to increase if God be not exceeding Merciful above our Deserts 7. That he hath traiterously endeavoured to alter and subvert God's true Religion by Law established in this Realm and instead thereof to set up Popish Superstition and Idolatry and to that end hath declared and maintained in Speeches and Printed Books divers Popish Doctrines and Opinions contrary to the Articles of Religion established by Law He hath urged and injoyned divers Popish and Superstitious Ceremonies without any warrant of Law and hath cruelly persecuted those who have opposed the same by Corporal Punishment and Imprisonment and most unjustly vexed others who refused to conform thereto by Ecclesiastical Censures of Excommunication Suspension Deprivation and Degradation contrary to the Law of the Kingdom I never endeavoured to alter or subvert God's true Religion established by Law in this Kingdom or to bring in Romish Superstition Neither have I declared maintained or Printed any Popish Doctrine or Opinion contrary to the Articles of Religion established or any one of them either to the end mentioned in this Article or any other I have neither urged nor injoyned any Popish or Superstitious Ceremonies without warrant of Law nor have I cruelly persecuted any Opposers of them But all that I laboured for in this particular was that the external Worship of God in this Church might be kept up in Uniformity and Decency and in some Beauty of Holiness And this the rather because first I found that with the Contempt of the Outward Worship of God the Inward fell away apace and Profaneness began boldly to shew it self And secondly because I could speak with no conscientious Persons almost that were wavering in Religion but the great motive which wrought upon them to disaffect or think meanly of the Church of England was that the external Worship of God was so lost in the Church as they conceived it and the Churches themselves and all things in them suffered to lye in such a base and slovenly Fashion in most places of the Kingdom These and no other Considerations moved me to take so much care as I did of it which was with a single Eye and most free from any Romish Superstition in any thing As for Ceremonies all that I injoyned were according to Law And if any were Superstitious I injoyned them not As for those which are so called by some Men they are no Innovations but Restaurations of the ancient approved Ceremonies in and from the beginning of the Reformation and setled either by Law or Custom till the Faction of such as now openly and avowedly separate from the Church of England did oppose them and cry them down And for the Censures which I put upon any I presume they will to all indifferent Men which will Understandingly and Patiently hear the Cause appear to be Just Moderate and according to Law 8. That for the better advancing of his Traiterous Purpose and Designs he did abuse the great Power and Trust his Majesty reposed in him and did intrude upon the Places of divers great Officers and upon the Right of divers his Majesty's Subjects whereby he did procure to himself the Nomination of sundry
Religion to let you know that their said Lordships have assigned and appointed you to attend on them as Assistant in that Committee And to let you know in general that their Lordships do intend to examine all Innovations in Doctrine or Discipline introduced into the Church without Law since the Reformation and if their Lordships shall in their Judgments find it behoveful for the good of the Church and State to Examine after that the degrees and perfection of the Reformation it self Which I am directed to intimate unto you that you may prepare your Thoughts Studies and Meditations accordingly Expecting their Lordships pleasure for the particular points as they shall arise and giving you to understand that their Lordships next sitting is upon Friday next in the Afternoon I recommend you to God's protection being Your very loving Friend and Brother Jo. Lincoln West Coll. 12 Martij 1640. To my very loving Friends and Brethren Dr. Brownrig Mr. Shute Dr. Featly Mr. Calamy Dr. Hacket Mr. White Dr. Westfield Mr. Marshal Dr. Burges What use will be made of this Committee for the present I shall expect but what it shall produce in future I dare not prophesie But it may be it will prove in time superiour to the National Synods of England And what that may work in this Church and State God knows I setled my self in my Lodging in the Tower where I yet am and pass my weary time as well as I can On Saturday Mar. 13. Divers Lords dined with the Lord Herbert Son to the Earl of Worcester at his new House by Fox-Hall in Lambeth As they came back after Dinner three young Lords were in a Boat together and St. Paul's Church was in their Eye Hereupon one of them said he was sorry for my Commitment if it were but for the building of St. Pauls which would go but slowly on there-while The Lord Brook who was one of the three replyed I hope one of us shall live to see no one stone left upon another of that building This was told and avowed by one of the Lords present And when I heard it I said now the Lord forbid and bless his poor Church in this Kingdom CAP. IX ON Munday Mar. 22. the Earl of Strafford's Tryal began in Westminster-Hall And it continued with some few Intermissions till the end of April The Earl got all the time a great deal of Reputation by his Patient yet Stout and clear Answers and changed many Understanding Mens Minds concerning him Insomuch that the great Lawyers of his Council affirmed there openly That there was no Treason appearing to them by any Law Upon this the House of Commons who were all the while present in a Body left the Hall and instead of leaving the whole Cause to the Judgment of the Lords in the ordinary Way of Parliaments betook themselves to their Legislative Power and so passed a Bill of Attainder against him and having none made a Law to take away his Life This Bill was denyed by two or three and fifty as able Men as any in the House of Commons But the Faction grew so hot that all their Names were Pasted up at the Exchange under the Title of Straffordians thereby to increase the Hatred of the People both against him and them and the Libels multiplyed This Bill went on with great haste and earnestness which the King observing and loth to lose so great and good a Servant his Majesty came into the House of Lords and there upon Saturday Maii 1. Declared unto both Houses how carefully he had heard and observed all the Charge against the Earl of Strafford for he was present at every Days Hearing and found that his Fault whatever it were could not amount to Treason And added That if they meant to proceed by Bill it must pass by him and that he could not in his Conscience find him guilty nor would ever wrong his Honour or his Conscience so far as to pass such a Bill or to that Effect But advised them to proceed by way of Misdemeanour and he would concur with them in any Sentence This displeased mightily and I verily think it hastened the Earl's Death And indeed to what end should the King come voluntarily to say this and there unless he would have abode by it whatever came And it had been far more Regal to reject the Bill when it had been brought to him his Conscience standing so as his Majesty openly professed it did than to make this Honourable Preface and let the Bill pass after The House of Commons and some Lords too it seems eagerly bent against the Earl of Strafford seeing by this the King 's bent grew more sharp and pursued the Bill the more violently In so much that within two or three Days after some Citizens of London and Prentices came down in Multitudes to the Parliament called there for Justice and pretended all Trade was stopp'd till Justice was done upon the Earl of Strafford Who brought on the People to this way I would not tell you if I did certainly know but wise Men see that plain enough without telling These People press upon the Lords in a way unknown in the English Government yea or in any setled Government in Christendom In conclusion they are taught to threaten the King and his Court in a strange Manner if they may not have speedy Justice The Bill comes up to the Lords when the House was none of the fullest but what made so many absent I know not and there it past And upon Sunday May 9. the King was so laid at and so frighted with these Bugbears that if Justice were not done and the Bill Passed for the Earl of Strafford's Execution the Multitude would come the Next Day and pull down White-Hall and God knows what might become of the King himself that these fears prevailing his Majesty gave way and the Bill passed and that Night late Sir Dudly Carlton one of the Clerks of the Council was sent to the Tower to give the Earl warning that he must prepare to Dye the Wednesday Morning following The Earl of Strafford received the Message of Death with great Courage yet Sweetness as Sir Dudly himself after told me On Munday Morning the Earl sent for the Lord Primate of Armagh to come to him He came and the same Day visited me and gave me very high Testimony of the Earl's Sufficiency and Resolution And among the rest this That he never knew any Lay-man in all his Life that so well and fully understood Matters of Divinity as the Earl did and that his Resolutions were as firm and as good In this Interim before the Day of his Death he made by his Friends two Suits to his Majesty The one that he might Dye privately within the Tower the other That his Death might be Respited till the Saturday that he might have a little more time to settle his Estate His Majesty sent these Requests to the Houses
Conclusion that they might refer all to Treason and so they be suffer'd to give me no Councel at all in matter of Fact Hereupon they drew me another Petition to the same effect which I caused to be delivered Novemb. 6. But it received the same Answer Then Novemb. 7. being Wednesday I Petitioned the House of Commons to the same purpose And Novemb. 8. this my Petition was read in the House of Commons and after a short Debate the Resolution was that they being my Accusers would not meddle with any thing but left all to the Order of the Lords before whom the Business was and my Councel's own Judgment thereupon This seemed very hard not only to my self and my Councel but to all indifferent Men that heard it In the mean time I could resort no whither but to Patience and God's Mercy Novemb. 13. I appeared in the Parliament-House according to the Order and was at the Bar. That which I spake to the Lords was this That I had no Skill to judge of the Streights into which I might fall by my Plea which I had resolved on being left without all assistance of my Councel in regard of the nature and form of the Impeachment that was against me That yet my Innocency prompted me to a ready Obedience of their Lordships Order casting my self wholly upon God's Mercy their Lordships Justice and my own Innocency Then I humbly desired that their Lordships Order first and the Impeachment after might be read This done I put in my Answer in Writing as I was ordered to do and humbly prayed it might be entred My Answer was All Advantages of Law against this Impeachment saved and reserved to this Defendant he pleads Not Guilty to all and every part of the Impeachment in manner and form as 't is Charged in the Articles And to this Answer I put my Hand My Answer being thus put in I humbly besought their Lordships to take into their Honourable Consideration my great Years being Threescore and ten compleat and my Memory and other Faculties by Age and Affliction much decayed My long Imprisonment wanting very little of three whole Years and this last year little better than close Imprisonment My want of skill and knowledge in the Laws to defend my self The Generality and Incertainty of almost all the Articles so that I cannot see any Particulars against which I may provide my self In the next place I did thankfully acknowledge their Lordships Honourable Favour in assigning me such Councel as I desired But I told their Lordships withal that as my Councel were most ready to obey their Lordships in all the Commands laid upon them so there were certain Doubts arisen in them how far they might advise me without Offence considering the Charges against me were so interwoven and left without all distinguishment what is intended as a Charge of Treason and what of Crime and Misdemeanour That to remove these Doubts I had humbly besought their Lordships twice for distinguishment by several Petitions That their Lordships not thinking it fit to distinguish I have without advice of Councel put in my Plea as their Lordships see But do most humbly pray that their Lordships will take me so far into Consideration as that I may not lose the Benefit of my Councel for Law in all or any and for Law and Fact in whatsoever is not Charged as Treason when it shall be distinguished As still my Prayers were that by their Lordships Wisdom and Honourable Direction some way might be found to distinguish them And that having not without much difficulty prevailed with my Councel to attend their Lordships would be pleased to hear them speak in this perplexed Business While I was speaking this the Lords were very attentive and two of them took Pen and Paper at the Table and took Notes And it was unanimously granted that my Councel should be heard and so they were And the Order then made upon their Hearing was that they should advise me and be heard themselves in all things concerning matter of Law and in all things whether of Law or Fact that was not Charged as Treason and that they would think upon the distinguishment in time convenient This was all I could get and my Councel seem'd somewhat better content that they had gotten so much Not long after this I heard from good Hands that some of the Lords confessed I had much deceived their expectation for they found me in a Calm but thought I would have been stormy And this being so I believe the two Lords so careful at their Pen and Ink made ready to observe any Disadvantages to me which they thought Choler and Indignation might thrust forth But I praise God the Giver I am better acquainted with Patience than they think I am So this my main Business staid a while In the mean time that I might not rust I was warned Decemb. 8. to appear in Parliament the 18th of that Month as a Collateral Defendant in a Case of Smart against Dr. Cosin formerly heard in the High Commission This Cause had been called upon both in this and former Parliaments but I never heard that I was made a Defendant till now Nor do I know any thing of the Cause but that in the High Commission I gave my Vote according to my Conscience and Law too for ought I know and must refer my self to the Acts of that Court. On Wednesday Decemb. 13. I Petitioned for Councel in this Cause and had the same assigned me And on the 18. day I appeared according to my Summons but I was not called in and the Business put off to that day three Weeks On Thursday Decemb. 28. which was Innocents day one Mr. Wells a New-England Minister came to me and in a boisterous manner demanded to know whether I had Repented or not I knew him not till he told me he was Suspended by me when I was Bishop of London and he then a Minister in Essex I told him if he were Suspended it was doubtless according to Law Then upon a little further Speech I recalled the Man to my Remembrance and what care I took in Conference with him at London-House to recall him from some of his turbulent ways but all in vain And now he inferred out of the good words I then gave him that I Suspended him against my Conscience In conclusion he told me I went about to bring Popery into the Kingdom and he hoped I should have my Reward for it When I saw him at this heighth I told him he and his Fellows what by their Ignorance and what by their Railing and other boisterous Carriage would soon actually make more Papists by far than ever I intended and that I was a better Protestant than he or any of his Followers So I left him in his Heat This Man was brought to my Chamber by Mr. Isaac Pennington Son to the Lieutenant By this time something was made
Gifts were great but that I perverted them all And that I was guilty of Treason in the highest Altitude These were the Liveries which he liberally gave me but I had no mind to wear them And yet I might not desire him to wear this Cloth himself considering where I then stood and in what Condition This Treason in the Altitude he said was in my Endeavour to alter the Religion established by Law and to subvert the Laws themselves And that to effect these I left no way unattempted For Religion he told the Lords That I laboured a Reconciliation with Rome That I maintained Popish and Arminian Opinions That I suffered Transubstantiation Justification by Merits Purgatory and what not to be openly Preached all over the Kingdom That I induced Superstitious Ceremonies as Consecrations of Churches and Chalices and Pictures of Christ in Glass-Windows That I gave liberty to the Prophanation of the Lords-day That I held Intelligence with Cardinals and Priests and endeavoured to ascend to Papal Dignity Offers being made me to be a Cardinal And for the Laws he was altogether as Wild in his Assertions as he was before for Religion And if he have no more true sense of Religion than he hath knowledge in the Law though it be his Profession I think he may offer both long enough to Sale before he find a Chapman for either And here he told the Lords That I held the same Method for this which I did for Religion And surely that was to uphold both had the Kingdom been so happy as to believe me But he affirmed with great Confidence That I caused Sermons to be Preached in Court to set the Kings Prerogative above the Law and Books to be Printed to the same effect That my Actions were according to these Then he fell upon the Canons and discharged them upon me Then that I might be guilty enough if his bare Word could make me so he Charged upon me the Benevolence the Loan the Ship-money the Illegal pulling down of Buildings Inclosures saying that as Antichrist sets himself above all that is called God so I laboured to set the King above all that is called Law And after a tedious stir he concluded his Speech with this That I was like Naaman the Syrian a great Person he confessed but a Leper So ended this Noble Celeustes I was much troubled to see my self in such an Honourable Assembly made so vile Yet seeing all Mens Eyes upon me I recollected my self and humbly desired of the Lords two things One that they would expect Proof before they give up their Belief to these loud but loose Assertions Especially since it is an easie thing for Men so resolved to Conviciate instead of Accusing when as the Rule given by Optatus holds firm Quum intenditur Crimen when a Crime is objected especially so high a Crime as this Charged on me 't is necessary that the Proof be manifest which yet against me is none at all The other that their Lordships would give me leave not to Answer this Gentleman's Particulars for that I shall defer till I hear his Proofs but to speak some few things concerning my self and this grievous Impeachment brought up against me Which being yielded unto me I then spake as follows My Lords my being in this Place and in this Condition recalls to my memory that which I long since read in Seneca Tormentum est etiamsi absolutus quis fuerit Causam dixisse 'T is not a grief only no 't is no less than a Torment for an ingenuous Man to plead Criminally much more Capitally at such a Bar as this yea though it should so fall out that he be absolved The great truth of this I find at present in my self And so much the more because I am a Christian And not that only but in Holy Orders And not so only but by Gods Grace and Goodness preferred to the greatest Place this Church affords and yet now brought Causam dicere to Plead and for no less than Life at this Great Bar. And whatsoever the World thinks of me and they have been taught to think more ill than I humbly thank Christ for it I was ever acquainted with Yet my Lords this I find Tormentum est 't is no less than Torment to me to appear in this Place to such an Accusation Nay my Lords give me leave I beseech you to speak plain Truth No Sentence that can justly pass upon me and other I will never fear from your Lordships can go so near me as Causam dixisse to have pleaded for my self upon this occasion and in this Place For as for the Sentence I thank God for it I am at St. Paul's Ward If I have committed any thing worthy of death I refuse not to die For I bless God I have so spent my time as that I am neither ashamed to live nor afraid to die Nor can the World be more weary of me than I am of it For seeing the Malignity which hath been raised against me by some Men I have carried my Life in my Hands these divers years past But yet my Lords if none of these things whereof these Men accuse me merit Death by Law though I may not in this Case and from this Bar appeal unto Caesar yet to your Lordships Justice and Integrity I both may and do Appeal not doubting but that God of his Goodness will preserve my Innocency And as Job in the midst of his Affliction said to his mistaken Friends so shall I to my Accusers God forbid I should justifie you till I Dye I will not remove my Integrity from me I will hold it fast and not let it go my Heart shall not reproach me as long as I live My Lords I see by the Articles and have now heard from this Gentleman that the Charge against me is divided into two main Heads the Laws of the Land and the Religion by those Laws established For the Laws first I think I may safely say I have been to my Understanding as strict an Observer of them all the Days of my Life so far as they concern me as any Man hath and since I came into Place I have followed them and been as much guided by them as any Man that sat where I had the Honour to sit And for this I am sorry I have lost the Witness of the Lord Keeper Coventry and of some other Persons of Honour since Dead And the Learned Councel at Law which attended frequently at the Council Table can Witness some of them that in References to that Board and in Debates arising at the Board I was usually for that part of the Cause where I found Law to be And if the Councel desired to have their Clyents Cause referred to the Law well I might move in some Cases for Charity or Conscience to have admittance but to the Law I left them if thither they would go And
else took care of And the Summ of these Answers I gave to Mr. Browne when he gave up the Summ of his Charge against me The next Particular was about Depopulations A Commission of Grace to compound with some Delinquents in that kind was Issued under the Broad Seal to some Lords and other Persons of Honour of the Council of which I was one One Mr. Talboys was called thither And the Charge about this was that when he pleaded that by Statute 39. Eliz. he might convert some to Pasture I should say Do you plead Law here Either abide the Order or take your Tryal at the Star-Chamber And that he was Fined 50 l. In this Particular Mr. Talboys is single and in his own Cause but I was single at no sitting of that Commission Nor did I ever sit unless the Lord Privy-Seal and Mr. Secretary Coke were present that we might have direction from their Knowledge and Experience And for the Words if spoken they were not to derogate from the Law but to shew that we sate not there as any Judges of the Law but to offer his Majesty's Grace to such as would accept it As for the Fine mentioned we imposed none upon him or any other but by the consent of the Parties themselves If any Man thought he was not faulty and would not accept of the Favour shewed him we left him to the Law But the plain truth is this Gentleman being Tenant to the Dean and Chapter of Christ-Church in Oxford offer'd them as they conceived great wrong in the Land he held of them in so much as they feared other their Tenants might follow his Example and therefore complained of him And because I laid open his usage of his Landlords before the Commissioners he comes here to vent his Spleen against me And 't is observable that in all the business of Depopulations in which so many appeared no one complained either against me or any other Lord but only this Talboys Mr. Browne when he pressed the Summ of this Charge against me added That at the Council-Table I was for all Illegal Projects as well as for these Inclosures But First I was neither for this nor any other either longer or otherwise than I understood them to be Lawful And Secondly I opposed there the business of Salt and the Base Mony and I alone took off that of the Malt and the Brewing And three Gentlemen of Hertfordshire which County was principally concerned in the Case of the Malt came over to Lambeth to give me Thanks for it Then was charged upon me the Printing of Books which asserted the King's Prerogative above Law c. The instance was in Dr. Cowell's Book Verbo Rex That this Book was decryed by Proclamation that Complaint was made to me that this Book was Printing in a close House without Licence and by Hodgkinson who was my Printer that I referred them to Sir John Lambe that they came to me again and a third time and I still continued my Reference which Sir John Lambe slighting the Book came forth The Witnesses to this were Hunt and Wallye if I mistook not their Names 1. For this Book of Dr. Cowell's I never knew of it till it was Printed or so far gone on in Printing that I could not stay it And the Witnesses say it was in a close House and without Licence so neither I nor my Chaplains could take notice of it 2. They say they informed me of it but name no time but only the Year 1638. But they confess I was then at Croydon So being out of Town as were almost all the High Commissioners I required Sir John Lambe who being a High Commissioner had in that business as much power as my self to look to it carefully that the Book proceeded not or if it were already Printed that it came not forth If Sir John slighted his own Duty and my Command as themselves say he is Living and may answer for himself and I hope your Lordships will not put his Neglect upon my Account 3. As for Hodgkinson he was never my Printer but Badger was the Man whom I imployed as is well known to all the Stationers Nor was Hodgkinson ever imployed by me in that kind or any other Upon just Complaint I turned him out of a place but never put him into any And therefore those Terms which were put upon me of my Hodgkinson and my Sir John Lambe might have been spared Sir John was indeed Dean of the Arches and I imployed him as other Arch-Bishops did the Deans which were in their Times otherwise no way mine And Hodgkinson had his whole dependance on Sir Henry Martin and was a meer Stranger to me And this Answer I gave to Mr. Browne when he summ'd up the Charge Nor could any danger be in the Printing of that Book to mislead any Man Because it was generally made known by Proclamation that it was a Book Condemned and in such Particulars But for other things the Book very useful The next Charge was That when Dr Gill School-Master of Paul's School in London was warned out by the Mercers to the Care of which Company that School some way belongs upon Dr Gill's Petition to the King there was a Reference to some other Lords and my self to hear the Business The Charge is that at this Hearing I should say the Mercers might not put out Dr Gill without his Ordinary's Knowledge And that upon mention made of an Act of Parliament I should reply I see nothing will down with you but Acts of Parliament no regard at all of the Canons of the Church And that I should farther add That I would rescind all Acts which were against the Canons and that I hoped shortly to see the Canons and the King's Prerogative of equal force with an Act of Parliament To this I Answer'd That if all this Charge were true yet this is but the single Testimony of Samuel Bland an Officer belonging to the Company of the Mercers and no small Stickler against Dr. Gill whose Aged Reverend Father had done that Company great Service in that School for many Years together The Reference he grants was to me and others So I neither thrust my self into the Business nor was alone in it And as there is a Canon of this Church That no Man may be allowed to 〈◊〉 School but by the Bishop of the Diocess so à paritate rationis it stands good They may not turn him out without the said Bishops knowledge and Approbation And 't is expressed in another Canon That if any School-Master offend in any of the Premises there spoken of he shall be 〈◊〉 by his Ordinary and if he do not amend upon that his 〈◊〉 he shall then be Suspended from Teaching Which I think makes the Case plain that the Mercers might not turn out Dr. Gill without so much as the Knowledge of his Bishop And for the Words That I saw nothing would down with them
Church as appeared in the taking down of his House was broken or pared away to make room for the uncleanness to pass into the Vault And surely were I to sit again in the High-Commission I should give my Vote to Censure this Prophanation But himself confesses he paid but Thirty Pound of it which was too little for such an Offence And besides my Lords this was the Act of the High-Commission and cannot be charged singly upon me And I cannot forbear to add thus much more That the Bishop and Dean and Chapter whoever they were did ill to give way to these Buildings and to increase their Rents by a Sacrilegious Revenue No Law that I know giving way to Build upon Consecrated Ground as that Church-Yard is But howsoever the present Tenants being not in Dolo I ever thought fit they should have Recompence for their Estates and they had it The next Charge was about the Shops of the Goldsmiths in Cheapside and Lumbard-street An Order was made at the Council-Table Novemb. 12. 1634. That within Six Months the Goldsmiths should provide themselves Shops there and no where else till all those Shops were furnished And this under a Penalty and to give Bond. These two were the ancient Places for Goldsmiths only Time out of Mind And it was thought fit by the Lords for the Beauty of the Place and the Honour of the City to have these Places furnished as they were wont and not to have other Trades mixed among them Beside it concerned all Mens Safety For if any Plate were stoln the enquiry after it might be made with more ease and speed Whereas if the Goldsmiths might dwell here and there and keep their Shops in every by-place of the City stoln Plate might easily be made off and never heard of But howsoever if in this Order there were any thing amiss it was the Order of the Council-Table not mine And far enough off from Treason as I conceive 1. Upon this Charge there were two Instances The first is Mr Bartley who said his House was taken from him by Order to the Lord Mayor 1637. That my Hand was to the Order That he was Imprisoned Six Months and recovered 600. l. Damages of Sir Ed. Bromfield That after this he was Committed to Flamsted a Messenger belonging to the High Commission about Dr. Bastwick's and Mr. Burton's Books That after this he was sent for to the Council and there heard my Voice only That when he desired some help Sir Tho. Ailsbury's Man told him he were as good take a Bear by the Tooth That all this was for his entertaining a Man that came out of Scotland and lastly That Dr. Haywood my Chaplain had Licensed a Popish Book To which I gave this Answer That if the Lord Mayor put him from his house by Order from the Lords being a Stationer among the Goldsmiths then it was not done by me And though my Hand were to the Order yet not mine alone and I hope my Hand there subscribed no more Treason than other Lords Hands did And if he did recover 600 l. against Sir Ed. Bromfield who I think was the Lord Mayor spoken of surely he was a Gainer by the Business And whereas he says he was after seized again and Committed to Flamsted about the Books Named If he were as was informed a great Vender of those and such like Books less could not be done to him than to call him to Answer He says farther that he was sent for to the Council-Table and there he heard my Voice only against him It may be so and without all fault of mine For that heavy Office was usually put upon me and the Lord Keeper to deliver the Sense of the Board to such as were called thither and Examined there And by this Means if any sour or displeasing Sentence passed how just soever it mattered not it was taken as our own and the Envy of it fell on us And that this was so many Lords here present know well He adds what Sir Thomas Ailsbury's Man said when he would have Petitioned again But since Mr. Bartley is single here and in his own Cause why doth he rest upon a Hearsay of Sir Thomas Ailsbury's Man Why was not this Man Examined to make out the Proof And if this Man did so far abuse me as to speak such Words of me shall I be Abused first and then have that Abuse made a Charge That he was troubled thus for a Scotchman's coming to him is nothing so nor is any Proof offered Though then the Troubles were begun in Scotland and therefore if this had any relation to that Business I pleaded again the Act of Oblivion For that of Dr. Haywood I shall give my Answer in a more proper Place for 't is objected again 2. The second Instance was in Mr Manning's Case He speaks also of the Order of the Council Novemb. 12. 1634. That the Goldsmiths in their Book make an Order upon it June 15. 1635. That they which obey not should be suspended I think 't is meant from use of their Trade That when some intreated them to Obedience I should say This Board is not so Weak but that it can Command or to that effect For the Council's Order it was theirs not mine For the Order which the Company of Goldsmiths made upon it It was their own Act I had nothing to do with it For the Words If I did speak them which is more than I remember he is single that Swears them and in his own Cause But my Lords I must needs say whether I spake it then or not most true it is that the Council-Table is very weak indeed if it cannot Command in things of Decency and for Safety of the Subject and where there is no Law to the contrary And this was then my Answer The Third Charge of this Day was That I forced Men to lend Money to the Church of St Pauls And Mrs Moore was called upon But this was deserted The next Charge was concerning a long and tedious Suit between Rich and Poole about the Parsonage of North-Cerny in Glocestershire That Rich was turned out after three Years Possession by a Reference procured by Poole to the Lord Keeper Coventry and my self And that I did in a manner Act the whole Business at the Reference That Letters were sent from the Council to Sir William Masters one of the Patrons to see Poole Instituted and to Imprison Rich if he refused Obedience That after by the Lord Marshal's procurement there was another Reference obtained to thirteen Lords who awarded for Rich. I was never more weary of any Business in my Life than I was of this Reference And I was so far from Acting the whole Business as that I did nothing but as the Lord Keeper directed the Cause was so entangled with Quare Impedits and many other Businesses of Law Our Judgments upon full Hearing went with Poole and we certified accordingly And upon this it may
Widow and her Children And as himself confesses His Majesty being informed that Mrs. Burrill was Sister to the Reverend Prelate Bishop Andrews being then dead should say that he would not have granted it to Mr. Smith had he known so much This was an Honourable Memory of his faithful Servant her Worthy Brother But whatsoever was done in this business was by Order of the Council-Board and not by me As was also the 250 l. which he says was paid in to Sir William Beecher by way of deposite as I conceive In which if he had any hard Measure the Law was open for his Right And in the whole business he is single and in his own Cause The next Charge was Sir Jo Corbett's which because it is expressed at large in the Article before recited I shall not here repeat but apply the Answer to it which I then gave Sir John says he was sent for about Reading the Petition of Right at a Sessions in the Country and that the Earl of Bridgwater should say he was disaffected to the King This concerns not me in any thing He says That for this he was Committed lay long in the Fleet and was denied Bail But he says it was denyed by the whole Board So by his own Confession this was the Act of the Council not mine And this Answer I gave to Mr. Browne when he put this part of the Charge into his Summ. In his Cause with Sir John Stonehouse about a Waste I cannot recal the Particulars But what-ever was done therein himself confesses was by Order at the Council-Table and His Majesty present April 18. 1638. For the I le built by the Lord Viscount Kilmurrye the Grant which I made was no more than is ordinary in all such Cases And 't is expressed in the Body of the Grant Quantum in nobis est de Jure possumus so there is nothing at all done to the prejudice of Sir John's Inheritance For if we cannot Grant it by Law then the Grant is voided by its own words And that the Grant was such and no other I shew'd the Deeds ready Attested out of the Office Besides had I wronged him there was an ordinary Remedy open by Appeal to the Delegates And this was well known to him for he did so Appeal from a like Grant against him by the now Lord Bishop of Duresme then of Lichfield and Sir John's Diocesan And whereas 't is alledged That I made this Grant without the consent of him the Patron or the then Incumbent Sir John acknowledges like a Gentleman that I sent unto him for his consent if it might have been had And this I foresaw also that if I had denyed the Lord Viscount that which was not unusual then the Complaint would have fallen more heavy on the other side that I made Persons of Quality in a manner Recusants by denying them that conveniency which was in my power to grant So I must be faulty whatever I do Then the business of the Tythes of London was raised up in Judgment against me And it was Read out of my Diary that I projected to give the Ministers assistance therein I had been much to blame having been Bishop of London should I have had other thoughts For their Case is very hard all their Offerings being shrunk a way into nothing but a poor Easter-Book The Ministers of London had often petitioned about some Relief long before my time And I did then and do still think it most just they should have it For they are now under the Taskmakers of AEgypt the Tale of Brick must be made they must Preach twice a Sunday get Straw where they can And yet I never thought of any thing contrary to Law had all been done which I desired For that was no more than that the Citizens would voluntarily yield to some reasonable addition where Right and Need appeared And this I am sure nor did nor could cross with the Act of Parliament concerning the Tythes of London And Mr. Moss who is their only Witness in this particular says no more against me but that I pressed this business much and often Which is most true I did and held it my Duty so to do but still in the way before mentioned After this came the great Charge as it was accounted concerning the Censure of Mr Pryn and Burton and Bastwick in the Star-Chamber and their Banishment as 't is called upon it The Witnesses produced in some Circumstances of that Cause were Mr Cockshott Tho Edwards William Wickens Mr Burton Mrs Bastwicke and Mr Pryn himself The Censure is known and urged to be against Law But so far as any Particular is put upon me my Answer is present to it 1. And first for Mr Cockshott he says Mr. Attorney Bancks sent him being then his Servant to give me an Account of that Business Hence 't is inferred That I took care of it This might have had some shew of Proof if I had sent to Mr. Attorney to give me an account of it But there 's no word of any such Proof And yet considering what relation their Cause had to the Church if I had sent and desired some Account of the Proceedings I humbly conceive my Place in the Church considered it could have been no great Crime 2. Then were Read certain Warrants One Febr. 1. 1632. for Commitment another of Febr. 2. 1636. to bar access to them These were Acts of the Lords sitting in Star-Chamber not mine Then was Read a third Order after Sentence given of May 13. 1634. for the seizing of his Books But this as the former was an Act of the Court not mine And 't is expressed in the Order as the Charge it self lays it down for the disposal of the Books according to Law Then the Warrant of their Commitment to the Islands Aug. 27. 1637. This Commitment was no Device of mine nor did I ever hear of it till it was spoken by others in the Star-Chamber Nor do any one of these Warrants prove any thing that can be call'd my Act And I humbly conceive that I ought not by Law nor can by Usage of Parliamentary-Proceedings be charged single for those things which were done in Publick Courts The last Order was November 12. 1637. about the Aldermen of Coventry and the Quo Warranto resolved upon against the Charter of that City only for supposed Favours shew'd to Mr. Pryn in his passage that way First 't is confessed in the Charge that this was an Act of the Lords Secondly that it was made at a full Board Thirdly 't is not urged that any one Man disliked it Fourthly the Complaint which caused it was that both Aldermen and their Wives and other Citizens were not content to shew Mr. Pryn kindness but they both did and spake that which was disgraceful to the Star-Chamber-Sentence But howsoever there is no Particular in that Order that is or can be Charged upon me 3. This for
and not follow it in his own Name himself confesses was made in open Court by Mr. Bierly and that from me he had no Instructions at all 2. The second Witness is Adams in his own Cause To the place of Scripture I have spoken already And the next that he says is That Sir Nath. Brent in my Visitation commanded the setting of the Communion Table at the upper end of the Chancel That upon his not blotting out the passage of Scripture he had an Action and that his Solicitor was Committed by J. Jones till he relinquished his Suit In all this there is not one word of any thing that I did And for that which Sir Nath. Brent did about placing the Communion Table 't is answered before He says also that when he saw that he must Prosecute his Suit against Commissary Dade in his own Name he left the Kingdom And surely my Lords if he would leave the Kingdom rather than Prosecute his Cause in his own Name 't is more than a sign that his Cause was not very good 3. The third Witness was Mr. Cockshot one of Mr. Attorney Banks his Servants He says that Adams moved him and he Mr. Attorney and that thereupon Mr. Attorney gave his Warrant against Dade By which your Lordships may see how active Mr. Cockshot was against a Church-Officer and in so foul a Scandal He says also that Mr. Dade came to Mr. Attorney and told him that I did not think it fit a Prosecution in such a Cause should be followed in Mr. Attorney's Name First 't is true I did not think it fit nor did Mr. Attorney himself when upon Mr. Bierlye's Motion he fully understood it Secondly the Cause being so scandalous to a Church-Officer I conceive I might so say to Mr. Dade or any other without offence But then thirdly here 's not one word that I sent Mr. Dade to Mr. Attorney about it He came and used my Name so Mr. Cockshot says but not one word that I sent him Lastly he says That Mr. Attorney told him that I blamed him for the business and that thereupon he chid this Witness and sent him to me and that I rebuked him for it but he particularly remembers not what I said Nor truly my Lords do I remember any of this But if I did blame Mr. Attorney for lending his Name in such a Scandalous Cause as this I did as I conceive what became me And if he chid his Man he did what became him And if I rebuked Mr. Cockshot when he was sent to me sure he deserved it and it seems it was with no great sharpness that he cannot remember any thing of it And so I answer'd Mr. Browne when he instanced in this 4. The last Witness was Mr. Pryn who says no Appeal was left him But that under Favour cannot be For if my Courts refused him which is more than I know he might have Appealed to the Delegats He says That he advised Adams to an Action of the Case that he blamed Lechford for deserting the Suit and that he advised him to go to Mr. Attorney So here 's no assistance wanting to Adams but the Church-Officer Mr. Dade must have none Yet I blame not Mr. Pryn because he says he did it as his Councel He says farther That when Adams was put to prefer his Bill in his owne Name that then the Excommunication was pleaded in Bar But he doth not say it was pleaded by me or my Advice nor do I hear him say it was unjustly pleaded And had not Adams been wilful he might have taken off the Excommunication and then proceeded as it had pleased him Then the Charge went on against me about the stop of Mr. Bagshawe the Reader of the Middle-Temple The Witnesses are two Lawyers which accompanied Mr. Bagshawe to Lambeth Mr. White and Mr. Pepys They say that Mr. Bagshawe insisted upon these two points First that a Parliament might be held without Bishops and Secondly that Bishops might not meddle in Civil affairs My Lords these things are now setled by an Act of this Parliament but then they were not And I conceive under Favour that Mr. Bagshawe the Crasiness of these Times considered might have bestowed his time better upon some other Argument And sure no Man can think that either my self or any Church-Governour could approve his Judgment in that Particular And whereas they say that the Lord Keeper Finch and the Lord Privy Seal told them that I was the Man that complained of it to the King and the Lords 'T is most true I did so and I think I had been much to blame if I had not done it And if when they came over to Lambeth about it they heard me tell Mr. Bagshawe as they also say they did that he should answer it in the High-Commission Court next Term I humbly conceive this no great Offence but out of all Question no Treason to threaten the High-Commission to a Reader of the Inns of Court The last Charge of this Day was concerning the Lord Chief Justice Richardson and what he suffered for putting down Wakes and other disorderly Meetings in Sommersetshire at the Assises there holden The single Witness to this is Edward Richardson a Kinsman of the Judges as I suppose He says That Complaints were made to the Judge of Wakes and Feasts of Dedication that his Majesty writ Letters about it to Sir Robert Philips and others They Certify a Command comes by the Lord Keeper to revoke the Order next Assises First 't is not done Then by Command from the Lords of the Council the Judge upon that second Command revokes it but as 't is Certified not fitly In all this here 's not one Word that concerns me Then he says That upon this last Certificate the business was referred to the Lord Marshal and my self and the Judge put from that Circuit I cannot now remember what Report we made But what e're it was the Lord Marshal agreed to it as well as I. Then a Letter of mine was produced of Octob. 4. 1633. But the Letter being openly read nothing was found amiss in it And under your Lordships Favour I am still of Opinion that there is no Reason the Feasts should be taken away for some Abuses in them and those such as every Justice of Peace is able by Law to remedy if he will do his Duty Else by this kind of proceeding we may go back to the old Cure and Remedy Drunkenness by rooting out all the Vines the Wine of whose Fruit causes it As for the Pretences which this Witness spake of they were none of mine as appears Evidently by the Letter it self As an Appendix to these was added a Letter of my Secretary Mr. Dell to Sir John Bridgman Chief Justice of Chester in a Cause of one Ed. Morris It was as I think it appears upon an Incroachment made in the Marches Court upon the Church In which Case I conceive by my Place
I may write to any Judge for Information And there is nothing Peremptory in the Letter The Words are If things be rightly suggested But howsoever the Letter is Dell's and if he have done amiss in it he is here present to Answer And it will be a hard business with Men of Honour if when any Lord shall Command his Secretary to Write and give him Directions for the Matter he shall afterwards be answerable for every slip of his Secretary's Pen especially in so high a way as 't is Charged on me But the best is here 's nothing amiss that I know CAP. XXVII The Sixth Day of my Hearing THE First Charge of this Day concerned the Censure Deprivation and Imprisonment of Mr Huntly The Witnesses produced are Four 1. Mr. Merifield comes on first He says That himself was Committed by the Lords of the Council and that there I said that he the said Merifield deserved to be laid by the Heels and to be called into the Star-Chamber This Man was as I take it Mr Huntly's Attorney and if I did speak those Words concerning him surely his Words and Carriage deserved it Else I am confident the Lords would not have Committed him for a naked and an orderly following of his Clyent 's Cause especially in the presence of two Judges Justice Jones and Justice Crook who he says himself were present And this Answer I gave Mr Brown who in the Sum of his Charge against me omitted not this Case of Mr Merifield for so was this Attorney's Name 2. The next Witness is Mr Huntly himself He says That I said unto him that he being an Ecclesiastical Person and in an Ecclesiastical Cause ought not to decline the Church-Censure Then followed his Imprisonment and his Action for false Imprisonment and the rest of his proceedings In all which the High-Commission proceeded against him and he proceeded against the High-Commissioners nothing done by me or against me in particular So nothing of this Charge falls upon me but the Words and for them they are very far from offering to Exempt any Clergyman him or other from the Temporal Laws it things cognizable by them But I humbly conceive his Oath of Canonical Obedience considered that he ought not to decline the Ecclesiastical Judicature in things meerly Ecclesiastical And if in this my Judgment I do Err yet it is Error without Crime And surely my Lords no Treason 3. The Third Witness is John Dillingham He says That Mr Huntly moved before the Lord Chief Justice Richardson and that the Judge replyed By his Faith he durst not do him Justice To this my Lords I answer Here 's never a Word that he durst not do him Justice for fear of me that 's not said by the Witness and ought not by Conjectures be inforced against me But howsoever if he spake those Words the more shame for him He is Dead and I will not rake into his Grave but if he so spake it seems he was none of those Judges which Jethro advised Moses to make for the ease of himself and the good of the People Mr Brown in summing up of his Charge pressed this Speech of the Judge hard upon me which inforces me to add thus much more That this 〈◊〉 lays it hard upon the Judge not upon me For no Proof is offered that I did Solicit him in that Cause And if he wanted Courage to do Justice why sat he there 4. The Fourth Witness was Mr Pit a sworn Officer he says The Order concerning Mr Huntly was from the Council and that there was then a full Board So this was no single Act of mine He says farther That he was not simply Prohibited but only till he had acquainted the Lord Keeper with it or those Judges whose Courts it concerned And this was so Ordered as I concelve to remedy the tedious and troublesome Interpositions of Mr Huntly Where it is not unfit for me to inform your Lordships that this Cause of Mr Huntly's was in my Predecessor Arch-Bishop Abbot his time I had nothing to do in it but as any other ordinary Commissioner then present had And here at the entring upon my Answers this Day I did in general put the Lords in mind that nothing of late times was done either in Star-Chamber or at Council-Table which was not done in King James and Queen Elizabeth's Times before I was born and that many Parliaments have been since and no Man accused of Misdemeanour for things done there much less of Treason Nor is there any one Witness that hath charged me That that which I did was to overthrow the Laws or to introduce Arbitrary Government That 's only the Construction made on 't at the Bar which as it is without all Proof for any such Intention so I am confident they shall answer for it at another Bar and for something else in these Proceedings Then followed the Charge about Prohibitions In which are many Particulars which I shall take in Order as the several Witnesses Charge them upon me 1. The First is Mr Pryn. He says That An 4 Caroli he brought a Prohibition and that thereupon I should say Doth the King give us Power and then are we prohibited Let us go and Complain First If this were An 4 Caroli it was long before the Article so that I could neither expect the Charge nor provide the Answer Secondly I humbly conceive there 's no Offence in the Words For if a Prohibition be unjustly granted upon Misinformation or otherwise or if we do probably conceive it is ill grounded I hope 't is no Sin to complain of it to the King the Fountain of Justice in both Courts Yea but he says farther That I said I would lay him by the Heels that brought the next And this Mr Burton witnesses with him First if I did say so they were but a few hasty Words For upon second thoughts it was not done Next I desire your Lordships to consider what manner of Witness Mr Burton is who confesses here before your Lordships that he brought the next with a purpose to tempt me You know whose Office that is and so Mr Burton hath abundantly shewed himself and proclaimed his Religion 3. As for Mr Comes he says just the same with Mr Pryn and I give the same Answer Then about taking down of a Pew in a Church in London my Notes are uncertain for the Name which Pew was set above the Communion Table That I required to have it pulled down That they came to me to have an Order for it and that thereupon I should say You desire an Order of Court that you may have it to shew and get a Prohibition But I will break the Back of Prohibitions or they shall break mine And this is joyntly Witnessed by Mr Pocock and Mr Langham And this they say was Thirteen or Fourteen Years ago Excellent Memories that can punctually swear Words so long after But my Lords
some known Bounds might be set to each Court that the Subject might not to his great Trouble and Expence be hurried as now he was from one Court to another And here I desired a Salvo till I might bring Arch-Bishop Parker's Book to shew his Judgment in this Point in the beginning of the Reformation if it shall be thought needful According to whose Judgment and he proves it at large there is open Wrong done to the Ecclesiastical Jurisdiction by Prohibitions The next Charge is about my undue taking of Gifts A Charge which I confess I did not think to meet here And I must and do humbly desire your Lordships to remember that till this Day I have not been Accused in the least for doing any thing Corruptly And if I would have had any thing to do in the base dirty Business of Bribery I needed not have been in such Want as now I am But my Innocency is far more to my Comfort than any Wealth so gotten could have been For I cannot forget that of Job That Fire shall consume the Tabernacles of Bribery And in the Roman Story when P. Rutilius a Man Summâ Innocentiâ of greatest Integrity was Accused Condemned and Banished 't is observed by the Story that he suffered all this not for Bribery of which he was not Guilty but Ob Invidiam for Envy against which when it Rages no Innocency no Worth of any Man is able to stand 1. But to come to the Particulars the first is the Case of Sir Edward Gresham's Son unhappily Married against his Father's will a Suit in the High Commission about it and that there he had but Fifty Pounds Damages given him That was no fault of mine my Vote gave him more but it was carried against me The Bond of two Hundred Pounds which was taken according to Course in the Court was demanded of me by Sir Edward to help himself that way and 't is confessed I granted it But then 't is Charged that in my Reference to Sir John Lambe to deliver him the Bond I required him to demand one half of the Forfeiture of the Bond toward the Repair of St. Pauls 'T is true I did so But First I desire it may be considered that it was wholly in my Power whether I would have delivered him the Bond or not Secondly That upon this gross Abuse I might have sued the Bond in my own Name and bestowed the Money upon what Charitable Uses I had thought fit Thirdly That I did nothing herein but what the Letters-Patent for Repair of St. Pauls give me power to do Fourthly That this is the third time St. Pauls is urged against me Which I am not sorry for because I desire since 't is once moved it may be sifted 〈◊〉 the uttermost And whereas to make all Ecclesiastical Proceedings the more odious it was urged that the Rubrick in the Common-Prayer Book mentions no License but asking of Banes That Rubrick is to be understood where no License is granted For else no License at all for Marriage without Banes-asking can be good which is against the Common both Law and Practice of the Kingdom 2. The second Particular was Charged by one Mr. Stone of London who said he sent into Lambeth two Butts of Sack in a Cause of some Chester-Men whom it was then in my Power to relieve and mitigate their Fine set upon them in the High Commission at York about Mr. Pryn's Entertainment as he passed that way And that this Sack was sent in before my Composition with him what should be mitigated and so before my return of the Fine mitigated into the Exchequer The Business my Lords was thus His Majesty having taken the Repair of the West End of St. Pauls to himself granted me to that end all the Fines in the High-Commission Court both here and at York and left the Power of Mitigation in me The Chester-Men which this Witness speaks of were deeply Sentenced at York for some Misdemeanours about Mr. Pryn then lately Sentenced in the Star-Chamber One or more of them were Debtors to this Mr. Stone to the value of near Three Thousand Pounds as he said These Men for fear of the Sentence kept themselves close and gave Mr. Stone to know how it was with them and that if he could not get me to moderate the Fine they would away and save themselves for they had now heard the Power was in me Upon this Mr. Stone to save his own Debt of three Thousand Pounds sends his Son-in-Law Mr. Wheat and Dr. Bailie Men that were bred in the College of S. John under me and had ever since good interest in me to desire my Favour I at first thought this a pretence and was willing to preserve to St. Pauls as much as fairly I might But at last upon their earnest pleading that the Men were not Rich and that Mr. Stone was like without any fault of his to be so much damnified I mitigated their Fines which were in all above a Thousand Pounds to two Hundred I had great Thanks of all Hands and was told from the Chester-Men that they heartily wished I had had the Hearing of their Cause from the beginning While Mr. Wheat and his Brother Dr. Bailie were Soliciting me for Favour to Mr. Stone He thinks upon sending Sack into my House and comes to my Steward about it My Steward acquaints me with it I gave him absolute Command not to receive it nor any thing from any Man that had Business before me So he refuses to admit of any Mr. Stone presses him again and tells him he had no Relation to the Chester-Men's Cause but would give it for the great Favour I had always shew'd to his son-in-Son-in-Law But still I Commanded my Steward to receive none When Mr Stone saw he could not fasten it he watches a time when my Steward was out of Town and my self at Court and brings in his Sack and tells the Yeoman of my Wine-Cellar he had leave to lay it in My Steward comes home finds the Sack in the Cellar tells me of it I Commanded it should be taken out and carried back Then Mr. Stone comes intreats he may not be so Disgraced protests as before that he did it meerly for my great Favour to his Son-in-Law and that he had no Relation to the Chester-Men's Business And so after he protested to my self meeting me in a Morning as I was going over to the Star-Chamber Yet afterwards this Religious Professour for so he carries himself goes Home and puts the Price of the Sack upon the Chester-Men's Account Hereupon they complain to the House of Commons and Stone is their Witness This is the truth of this Business as I shall answer it to God And whether this do not look like a thing Plotted by the Faction so much imbittered against me let understanding Men judge Mr. Wheat his Son-in-Law was present in Court and there avowed that he Transacted the Business
I hope your Lordships will not think that not to suffer the Printers to turn out a deserving Man at their pleasure is to exempt the Clergy from the Civil Magistrate The business my Lords was this This Corrector was principally entertained for the Latin and Greek Press especially which I had then not without great pains and some cost Erected They were desirous to keep only one for the English and him at the cheapest Among them their negligence was such as that there were found above a Thousand faults in two Editions of the Bible and Common-Prayer-Book And one which caused this search was that in Exod. 20. where they had shamefully Printed Thou shalt commit Adultery For this the Masters of the Printing-House were called into the High-Commission and Censured as they well deserved it As for this Corrector whom they would have heaved out they never did so much as complain of him to any that had power over the Press till this fell upon themselves for so gross an Abuse Nor did they after this proceed against him to make him appear faulty and till that were done we could not punish And for this Business of the Press he is single too And I have told your Lordships that which is a known Truth And Hunsford being bit in his Credit and Purse and Friends by that Censure for so gross an abuse of the Church and Religion labours to fasten his Fangs upon me in this way 2. The Second Witness is Mr. Bland But all that he says is that there was once a dismission of this Cause out of the Court and that though I disliked it yet I gave way to it because all Parties were agreed And no word of proof that I was any cause of bringing it back into the Court again What 's my fault in this 3. The Third Witness was Thorn in his own Cause And 't is plain by his own words that this Cause was depending in Court before my time And I believe were the Records of the Court here Mr. Lewis would not be found so great an Offender as Mr. Thorn would make him This I am sure of both the High-Commission and my self have been quick enough against all Ministers which have been proved to be debauched in their Life and Conversation And he says nothing against me but that I sided with his Adversaries which is easie to say against any Judge that delivers his Sentence against any Man But neither of these come home to Hunsford The next Charge is in the Case of one Mr. Tomkins about the Taxing of a Minister in a Case of Robbery and Repayment by the Country To this Mr. Newdigate is produced who says as he remembers that I should speak these words That Ministers were free from such Taxes and I hoped to see the Times in which they might be free again First this Gentleman is single Secondly he speaks not positively but as he remembers Thirdly this Tax I do humbly conceive is not by Law to be laid upon any Minister For no Man is subject to this Tax but they which are to keep Watch and Ward which Ministers in that kind are not bound unto And this I learned of the Lord Keeper Coventry at the Council-Table So I might well then hope to see Ministers free from all such Taxes by the right understanding and due Execution of our own Laws without assuming any Papal Power The last Instance of this Day was the bringing of Sir Rich Samuel into the High-Commission for doing his Office as Justice of the Peace upon some Clergy-Men First for this this Gentleman is single and in his own Case Secondly himself confesses that his bringing into the High-Commission was long after the Fact Therefore in all Probability not for that nor doth he say that I caused his bringing in He says farther That one Article for which he was called into the Commission was that he was an Enemy to the Clergy But he doth not say that I preferred these Articles against him Nor doth he tell or can I remember what the other Articles were which with this may be bad enough to merit what was there laid against him And whatsoever was done appears by his own Narration to be the Act of the High-Commission or the Council-Table and so not Chargeable upon me alone And whereas he says I blamed him much at the Council-Table Let him tell why and then I 'll give him a farther Answer And sure if I did blame him I had just Cause so to do Lastly he says I did use the Word Base to him when he came to me Sure I cannot believe I did It was not my Language to meaner Men. If it did slip from me it was in Relation to his Enmity to the Clergy not to his Person or Quality And I conceive 't is no Gentile part for a Man of Place and Power in his Country to oppress poor Clergy-Men which neighbour about him In which kind this Gentleman Pessimè Audiebat heard extreamly ill CAP. XXX THis Day thus ended I was ordered to appear again on Monday April 22. I came and my former Answers having taken off the Edge of many Men for so I was told by good Hands the Scorns put upon me at my Landing and elsewhere were somewhat a bated though when it was at best I suffered enough After I had attended the Pleasure of the House some Hours I was remitted without Hearing and commanded to attend again upon Thursday April 25. But sent back again then also and ordered to appear on Tuesday April 30. And when I came I was sent away once more unheard No Consideration had of my self or the great Charge which this frequent coming put me to I was then ordered to appear again on Saturday May 4. Then I was heard again And the Day proceeded as follows My Eighth Day of Hearing To raise up Envy against me Mr. Nicolas falls first to repeating the Titles which were given me in Letters from Oxford to which I gave answer the Day before From thence he fell again upon the former Charge My Endeavour to exempt the Clergy from the Civil Power And very loud he was and full of sour Language upon me To this General I answered with another more true That I never did attempt to bring the Temporal Power under the Clergy nor to free the Clergy from being under it But I do freely confess I did labour all I could to preserve poor Clergy-Men from some Lay-Mens Oppression which lay heavy on them And de Vi Laica hath been an old and a great and too Just a Complaint And this I took to be my Duty doing it without Wrong to any Man as sincerely I did to the best of my Knowledge And assuring my self that God did not raise me to that Place of Eminency to sit still see his Service neglected and his Ministers discountenanced nay sometimes little better than trampled on And my standing thus to the Clergy and their
King 's Learned Councel that his Lordship well knew what had passed and that being so used as I had been by the Townsmen I would trouble my self with no more References to Lawyers or to that effect And I appeal to the Honour of my Lord whether this be not a true Relation The Sixth Instance concerns the putting of one Mr. Grant out of his Right He says but he is single and in his own Cause That Mr. Bridges was presented to an Impropriation and that suing for Tythe He the said Grant got a Prohibition and Mr. Bridges a Reference to the then Lord Keeper Coventry and my self that we referred them to the Law and that there Grant was Non-Suited and so outed of his Right First in all this there 's nothing said to be done by me alone Secondly the Lord Keeper who well understood the Law thought it fittest to refer them to the Law and so we did If he were there Non-Suited first and outed after it was the Law that put him out not we Yet your Lordships see here was a Prohibition granted in a Case which the Law it self after rejected Then follows the Instance that I had a purpose to Abolish all Impropriations The first Proof alledged was a passage out of Bishop Mountague's Book p. 210. That Tythes were due by Divine Right and then no Impropriations might stand And Mr. Pryn witnessed very carefully That this Book was found in my own Study and given me by Bishop Mountague And what of this Doth any Bishop Print a Book and not give the Arch-Bishop one of them Or must I answer for every Proposition that is in every Book that is in my Study Or that any Author gives me And if Bishop Mountague be of Opinion that Tythes are due by Divine Right what is that to me Your Lordships know many Men are of different Opinions in that difficulty and I am confident you will not determin the Controversie by an Act of Parliament They were nibling at my Diary in this to shew that it was one of my Projects to fetch in Impropriations but it was not fit for their purpose For 't is expressed That if I Lived to see the Repair of St. Paul's near an end I would move his Majesty for the like Grant for the buying in of Impropriations And to buy them from the Owners is neither against Law nor against any thing else that is good nor is it any Usurpation of Papal Power 2. The Second Proof was my procuring from the King such Impropriations in Ireland as were in the King's Power to the Church of Ireland Which Mr. Nicolas in his gentle Language calls Robbing of the Crown My Lords the Case was this The Lord Primate of Armagh writ unto me how ill Conditioned the State of that Church was for want of Means and besought me that I would move his Majesty to give the Impropriations there which yet remained in the Crown for the Maintenance and Incouragement of able Ministers to Live among the People and Instruct them Assuring me they were daily one by one begged away by Private Men to the great prejudice both of Crown and Church And the Truth of this the Lord Primate is now in this Kingdom and will witness I acquainted the King's great Officers the Lord Treasurer and the Chancellor of the Exchequer with it And after long deliberation the King was pleased at my humble Suit to grant them in the way which I proposed Which was that when they came into the Clergies Hands they should pay all the Rents respectively to the King and some consideration for the several Renewings And the Truth of this appears in the Deeds So here was no Robbing of the Crown For the King had all his set Rents reserved to a Penny and Consideration for his Casualties beside And my Lords the increase of Popery is complained of in Ireland Is there a better way to hinder this growth than to place an Able Clergy among the Inhabitants Can an Able Clergy be had without Means Is any Means fitter than Impropriations restored My Lords I did this as holding it the best Means to keep down Popery and to advance the Protestant Religion And I wish with all my Heart I had been able to do it sooner before so many Impropriations were gotten from the Crown into Private Hands Next I was Charged with another Project in my Diary which was to settle some fixed Commendams upon all the smaller Bishopricks For this I said their own Means were too small to live and keep any Hospitality little exceeding Four or Five Hundred Pound a Year I consider'd that the Commendams taken at large and far distant caused a great dislike and murmur among many Men. That they were in some Cases Materia Odiosa and justly complained of And hereupon I thought it a good Church-work to settle some Temporal Lease or some Benefice Sine Cura upon the lesser Bishopricks but nothing but such as was in their own Right and Patronage That so no other Man's Patronage might receive prejudice by the Bishop's Commendam Which was not the least Rock of Offence against which Commendams indanger'd themselves And that this was my intent and endeavour is expressed in my Diary And I cannot be sorry for it Then I was Accused for setting Old Popish Canons above the Laws Mr. Burton is the sole Witness He says it was in a Case about a Pew in which those Canons did weigh down an Act of Parliament I did never think till now Mr. Burton would have made any Canons Pew-Fellows with an Act of Parliament But seriously should not Mr. 〈◊〉 Testimony for this have been produced at the second Instance of this day For in the end of that is just such another Charge and the Answer there given will satisfie this and that by Act of Parliament too After this came a Charge with a great out-cry that since my coming to be Arch-Bishop I had renewed the High-Commission and put in many Illegal and Exorbitant Clauses which were not in the former Both the Commissions were produced Upon this I humbly desired that the Dockett might be Read by which their Lordships might see all those Particulars which were added in the New Commission and so be able to Judge how fit or unfit they were to be added The Dockett was Read And there was no Particular found but such as highly deserved Punishment and were of Ecclesiastical Cognizance as Blasphemy Schism and two or three more of like Nature 1. In this Charge the first Exorbitant Clause they insisted on as added to the new Commission was the Power given in locis Exemptis non Exemptis as if it were thereby intended to destroy all Priviledges No not to destroy any Priviledge but not to suffer Enormous Sins to have any Priviledge Besides this Clause hath ever been in all Commissions that ever were Granted And I then shewed it to the Lords in the Old Commission
within it for the Reasons formerly alledged 2. Because an Endeavour to subvert Laws is of so great a Latitude and Uncertainty that every Action not Warranted by Law may be thereby extended to be a Treason In the Sixth Report in Mildmays Case Fol. 42. where a Conveyance was made in Tail with a Proviso if he did go about or attempt to discontinue the Entail the same should be void It was resolved the Proviso was void and the principal Reason was that these Words attempt or go about are Words uncertain and void in Law And the Words of the Book are very observable viz. God defend that Inheritances and Estates of Men should depend upon such incertainties for that Misera est Servitus ubi Jus est vagum quod non definitur in Jure quid fit conatus and therefore the Rule of the Law doth decide this point Non efficit conatus nisi sequitur effectus and the Law doth reject Conations and goings about as things uncertain which cannot be put in issue These are the Words of the Book And if so considerable in Estates your Lordships we conceive will hold it far more considerable in a Case of Life which is of highest Consequence And if it should be said this Law of 25. Ed. 3. takes notice of Compassing and Imagining We answer it is in a Particular declared by that Law to be Treason in Compassing the death of the King But this of Endeavouring to subvert Laws not declared by that or any other Law to be a Treason And if it should be granted that this Law might in any Case admit any other Fact to be Treason by Inference or Construction other than is therein particularly declared which we conceive it cannot Yet it is not Imaginable that a Law introduced purposely to limit and ascertain Crimes of so high Consequence should by Construction or Inference be subject to a Construction of admitting so uncertain and indefinite a thing as an endeavour to subvert the Law is it being not comprised within the Letter of that Law 3. That the Subversion of the Law is an impossible thing therefore an Endeavour to do an act which cannot be effected cannot be Treason 4. That in all times the Endeavouring to subvert the Laws hath been conceived no determinate Crime but rather an Aggravation only of a Crime than otherwise And therefore hath been usually joyned as an Aggravation or result of Crimes below Treason As appears in the Parliament Roll 28 H. 6. num 28. to num 47. in the Case of the Duke of Suffolk where the Commons having in Parliament preferred Articles of Treason against him did not make that any part of their Charge Yet in the same Parliament and within few Days after the First being in February the latter in March Exhibiting other Articles against him they therein Charged all the Misprisions Offences and Deeds therein mentioned to have been the cause of the Subversion of Laws and Justice and the Execution thereof and nigh likely to tend to the Destruction of the Realm So as it appears it was then conceived an Offence of another Nature and not a Treason And it appears as well by the Articles exhibited in Parliament 21 H. 8. against Cardinal Woolsey as by Indictment in the Kings Bench against Ligham 23 H. 8. Rot. 25. That the Cardinal did Endeavour to subvert Antiquissimas Leges hujus Regni Vniversumque hoc Regnum Angliae Legibus Imperialibus Subjugare which although it be a Charge of subverting the ancient Laws of the Kingdom and to introduce new and Arbitrary Laws yet neither upon the Articles or Indictment was the same imputed to be Treason but ended in a Charge of a Premunire And if it shall be said that Empson 1 H. 8. had Judgment and Died for it upon an Indictment in London We answer 1. This was not the Substance of the Indictment but only an Aggravation 2. And if Charged it is with an actual subverting not with an Endeavour to subvert the Laws and is joyned with divers other Offences 3. Which is a full Answer The Indictment upon which he was Tryed was Paschae 2 H. 8. at Northampton and was for Levying War against the King a Treason declared by the Law of 25 Ed. 3. upon which he was Convicted and Suffered and no proceeding upon the other Indictment ever had And as to the second General Charge of Endeavouring to subvert Religion This no more than that former of subverting the Laws is any Treason within any Law established in this Kingdom And herein as to the Charge of the Endeavour we shall rely upon what hath been already said upon the former With this further That until that happy Reformation begun in the time of King Edward VI. there was another Frame of Religion established by Law which was conceived until then to have been the True Religion and any Endeavour to Change or Alter it prosecuted with great Extremities Yet was not any Attempt to alter it conceived to be a Treason but several especial Acts of Parliaments were made for particular Punishments against Persons who should attempt the Alteration thereof Witness the Statute of 5 R. 2. Cap. 5. and 2 H. 5. Cap. 7. In which latter although mention is made of endeavouring to destroy and subvert the Christian Faith yet was not the Offence made or declared to be Treason And at this day Heresie of what kind soever is not punishable but according to the old course of the Law And we may add the Statute of 1 Edw. 6. Cap. 12. that of 1 Mariae 12. which makes it but Felony to attempt an Alteration of Religion by force The worst kind of Attempt certainly To the third and last general Charge Labouring to subvert the Rights of Parliaments To the Labouring to do it we shall add nothing to what hath been said to the Charge of Endeavour in the two former only thus much we shall observe That in the Parliament of 11 R. 2. amongst the many Articles preferred against the Duke of Ireland and others the 14th Article contains a Charge much of this Nature viz. That when the Lords and others in divers Parliaments had moved to have a good Government in the Realm they had so far incensed the King that he caused divers to depart from his Parliament so that they durst not for fear of Death advise for the good of the Kingdom Yet when the Lords came to single out the Articles what was or was not Treason That although a Charge transcending this was none of the Articles by them declared to be Treason My Lords Having done with these Generals it remains only that we apply our selves to those other Articles which we conceive were insisted upon as Instances conducing and applied to some of the Generals we have handled Wherein if the Generals be not Treason the Particular Instances cannot be and on the other side if the Instances fall
and by the Council-Table the Courts of Star-Chamber and High-Commission and in Convocation and because many more things so done are to come in the next Head concerning the Law I humbly crave leave for avoiding tedious Repetition to say it once for all That no act done by any of these either by full Consent or major Part which involves the rest ought to be charged singly against me And that for these Reasons following 1. First because this is not Peccare cum Multis For they meet not there in a Relation as Multi but as Vnum Aggregatum as Bodies made one by Law And therefore the Acts done by them are Acts of those Bodies not of any one Man sitting in them And in this Sense a Parliament is one Body consisting of many and the Acts done by it are Acts of Parliament For which should any of them prove amiss no one Man is answerable though many times one Man brings in the Bill 2. Secondly because I could sway no Man's Vote in any of those Places though this hath been often urged against me as an Over Potent Member for my Vote was either last or last save one in all these Places So I could not lead Nor is there any so much as shew of Proof offered that I moved or prepared any Man to a Sentence one way or other in any one of these Courts or Places 3. Thirdly because in those Courts of Judicature there was the Assistance of able Judges Lawyers and Divines for direction And how can that be a Treason in me which is not made so much as a Misdemeanour in any of the rest 4. Fourthly because the Act of this present Parliament which hath taken away the Star-Chamber and the High-Commission and bounded the Council-Table looks forward only and punishes no Man for any Act past much less doth it make any Man's Actions done in them to be Treason And I am no way excluded from the Benefit of that Act. 5. Lastly because in all my Proceedings both in the High-Commission and elsewhere I kept strictly to the Doctrine and Discipline of the Church of England Established by Law against both Papist and other Sectaries And under this Government and Doctrine of this Church it hath pleased God now for above Fourscore Years together to Bless this Kingdom and People above other Nations And I pray God if we forsake the one it prove not a Cause to deprive us of the other And now Mr. Speaker I shall follow this worthy Gentleman as he went on to the Second General Head the Subversion of the Laws And here when he had caused the 1 2 3 5 and 14. Original Articles to be read as also the 2 9 and 10. Additionals He then said that I had laboured this Subversion by my Counsels and by my Actions 1. By my Counsels First Of which he gave Three Instances 1. The Vote of the Council-Table to Assist the King in Extraordinary ways if the Parliament should prove peevish and refuse And this out of my Diary at Decemb. 5. 1639. 2. The Passage in the Epistle before my Speech in Star-Chamber Not one Way of Government since the Humours of the People were in continual Change 3. A Speech at Council-Table That now the King might use his own Power c. Witnessed only by Sir Henry Vane the Elder 2. From my Counsels proceed was made to my Actions Where the Particulars were 1. That I attempted to set Proclamations above the Law 2. That I was for all Illegal Projects at the Council-Table Instanced in Inclosures in the Ship-Money and Sir John Corbett's Commitment 3. The taking down of the Houses about St. Paul's with the large Commission for the Repair of the West-End 4. The stopping of Two Brewers in their Trade being in Westminster and pretended to annoy the Court. 5. Things done by me as Referee Instanced in a Case between Rich and Pool and another of one Symmes 6. Obstructing the Course of Law by sending to Judges Instanced in the Parishioners of Beckington in the Case of Ferdinando Adams in Sir Henry Martyn's Case about an Attorney at Law Judge Richardson's Words in Mr. Huntley's Case and Baron Trevers Words in Grafton's Case 7. The punishing Men that came in a Legal Way Instanced in the Case of New-comin and Burrowes that I said in the High-Commission I hoped to see the Clergy exempt again the next hundred Years the two Church-wardens of Chesham with Words concerning Sir Thomas Dacres 8. The Case of Prohibitions and Mr. Wheeler's Note out of a Sermon of mine concerning them 9. That no Pope ever claimed so much Jurisdiction not from the King 10. The Canons and I the main Man the over-grown Member again 11. The Statutes of Oxford enforced a second time Nevill's Case of Merton-College instanced in 12. Books Printed that are against the Law Instanced in Cowell's Interpreter and Dr. Manwaring's Sermons 13. The Alteration of the King's Oath at his Coronation 14. My Enmity to Parliaments To all which as I then gave sufficient Answers so I hope the Courteous Reader hath found them at large in their several Places And for this last concerning Parliaments I humbly and heartily desire that this may be taken notice of and remembred That there is not in any one of these Paper-Proofs produced against me any one thing that offers to take away any Rights of Parliaments rightly understood much less any that offers to take away Parliaments themselves Which is a continued Mistake all along this particular Charge And if any rash or unweighed Words have fallen from me yet these cannot be extended to the disannulling of Parliaments or their Priviledges in any kind which I defended in Print long since before I could foresee any of this Danger threatning me It is in my Book against Fisher. It was read in the Lords House and I humbly desire I may read it here And it was read After this it was inferred by this worthy Gentleman what a great Offender I was and greater than Cardinal Woolsey Mr. Speaker I have seen the Articles against the Cardinal and sure some body is mistaken for some of them are far greater than any thing that is proved against me In which I thank Christ for it my Conscience is at peace whereas the Cardinal confessed himself guilty of them all and yet no thought of Treason committed And a Premunire was all that was laid upon him Then he gave a touch That in Edward III.'s time there was a Complaint That too much of the Civil Government was in the hands of the Bishops and that in the 45th Year of his Reign they were put out and Lay-men put in But first this concerns not me Secondly the late Act of this Parliament hath taken sufficient Order with that Calling for medling in Civil Affairs Thirdly the time is memorable when this was done It was in the Forty and fifth Year of Edward III. That 's enough Mr. Speaker I shall draw towards an end
with that which they most feared And I pray God this Clamour of venient Romani of which I have given no cause help not to bring them in For the Pope never had such an Harvest in England since the Reformation as he hath now upon the Sects and Divisions that are amongst us In the mean time by Honour and Dishonour by good Report and evil Report as Deceivers and yet true am I passing through this World 2 Cor. 6. 8. Some Particulars also I think it not amiss to speak of And First this I shall be bold to speak of the King our Gracious Soveraign He hath been much traduced also for bringing in of Popery but in my Conscience of which I shall give God a very present Account I know him to be as free from this Charge as any Man living and I hold him to be as sound a Protestant according to the Religion by Law Established as any Man in this Kingdom and that he will venture his Life as far and as freely for it And I think I do or should know both his Affection to Religion and his Grounds for it as fully as any Man in England The Second Particular is concerning this great and Populous City which God bless Here hath been of late a Fashion taken up to gather Hands and then go to the great Court of this Kingdom the Parliament and Clamour for Justice as if that Great and Wise Court before whom the Causes come which are unknown to many could not or would not do Justice but at their appointment A way which may endanger many an Innocent Man and pluck his Blood upon their own Heads and perhaps upon the City 's also and this hath been lately practised against my self the Magistrates standing still and suffering them openly to proceed from Parish to Parish without any Check God forgive the Setters of this with all my Heart I beg it but many well-meaning People are caught by it In St. Stephen's Case when nothing else would serve they stirred up the People against him And Herod went the same way when he had killed St. James Yet he would not venture on St. Peter till he found how the other Pleased the People But take heed of having your Hands full of Blood for there is a time best known to himself when God above other Sins makes Inquisition for Blood and when that Inquisition is on foot the Psalmist tells us that God remembers that 's not all he remembers and forgets not the Complaint of the Poor That is whose Blood is shed by Oppression ver 9. Take heed of this It is a fearful thing to fall into the Hands of the Living God but then especially when he is making Inquisition for Blood And with my Prayers to avert it I do heartily desire this City to remember the Prophesie that is expressed Jer. 26. 15. The Third Particular is the Poor Church of England It hath Flourished and been a shelter to other Neighbouring Churches when Storms have Driven upon them But alas now it is in a Storm it self and God only knows whether or how it shall get out And which is worse than the Storm from without it is become like an Oak cleft to Shivers with Wedges made out of it 's own Body and at every Cleft Profaneness and Irreligion is entring in while as Prosper speaks in his Second Book de Contemptu Vitae cap. 4. Men that introduce Profaneness are Cloaked over with the Name Religionis imaginariae of Imaginary Religion For we have lost the Substance and dwell too much in Opinion And that Church which all the Jesuites Machinations could not Ruine is fallen into Danger by her own The last Particular for I am not willing to be too long is my self I was Born and Baptized in the Bosom of the Church of England Established by Law in that profession I have ever since lived and in that I come now to Die This is no time to dissemble with God least of all in matters of Religion And therefore I desire it may be remembred I have always lived in the Protestant Religion established in England and in that I come now to Die What Clamours and Slanders I have endured for labouring to keep an Uniformity in the external Service of God according to the Doctrine and Discipline of the Church all Men know and I have abundantly felt Now at last I am Accused of High-Treason in Parliament a Crime which my Soul ever abhorred This Treason was Charged to consist of two Parts An Endeavour to subvert the Laws of the Land and a like Endeavour to overthrow the true Protestant Religion Established by Law Besides my Answers to the several Charges I protested my Innocency in both Houses It was said Prisoners Protestations at the Bar must not be taken I can bring no Witness of my Heart and the Intentions thereof therefore I must come to my Protestation not at the Bar but my Protestation at this Hour and Instant of my Death in which I hope all Men will be such Charitable Christians as not to think I would Die and Dissemble being Instantly to give God an Account for the Truth of it I do therefore here in the Presence of God and his Holy Angels take it upon my Death that I never Endeavoured the subversion of Law or Religion And I desire you all to remember this Protest of mine for my Innocency in this and from all Treasons whatsoever I have been Accused likewise as an Enemy to Parliaments No I understand them and the Benefit that comes by them too well to be so But I did mislike the Misgovernments of some Parliaments many ways and I had good Reason for it For Corruptio Optimi est Pessima there is no Corruption in the World so bad as that which is of the Best Thing within it self for the better the thing is in Nature the worse it is Corrupted And that being the Highest Court over which no other hath Jurisdiction when it is misinformed or misgoverned the Subject is left without all Remedy But I have done I forgive all the World all and every of those Bitter Enemies which have persecuted me and humbly desire to be forgiven of God First and then of every Man whether I have offended him or not if he do but conceive that I have Lord do thou forgive me and I beg forgiveness of him And so I heartily desire you to joyn in Prayer with me Which said with a distinct and audible Voice he Prayed as followeth O Eternal God and Merciful Father look down upon me in Mercy in the Riches and fulness of all thy Mercies look down upon me But not till thou hast nailed my Sins to the Cross of Christ not till thou hast bathed me in the Blood of Christ not till I have hid my self in the Wounds of Christ that so the Punishment due unto my Sins may pass over me And since thou art pleased to try me to the utmost
joyneth with him therein in it self though performed in a negligent and so in a sinful manner by the Minister But if that manner be enjoyned the Service it self is to be refused This is my Lord's First Instance from the Services under the Law And I must needs say he hath made it clear what he would have But then he must give me leave to say too that this Instance differs so mainly from the thing in question that it helps my Lord and his Cause in nothing Perhaps it makes it worse than it was The difference is God in the Law did not only prescribe all the Sacrifices and Offerings which he would have and for what But also when and how he would have them And the Poor man which had not Ability to bring the greater Sacrifice might by the express Letter of the Law bring Turtles or Pigeons Levit. 5. But if a Rich Man had brought them his Service would have been rejected and himself punished So says my Lord But the Law says not so He that brought it should have born his Sin and the Priest could have made no Attonement for him which was punishment enough But that he should any other way be punished I find not in the Text of the Law And this Lord which will admit of nothing but Text should not presume to add any thing to it The Rabbins indeed reckon up Six and Thirty kinds of Offenders which for their Sins are threatned to be cut off from their People and some are mentioned Levit. 7. 17. But none of these mentioned in Leviticus or by the Rabbins is the Rich Man's offering Turtles or Pigeons instead of a Bullock or a Ram. Well this was the strict prescription of Sacrifices and Offerings in the Law But in the Gospel though Christ setled his Doctrin and Sacraments yet when and how with other Ceremonial Things were left at large to the Ordering of the Apostles and the Church after them always providing for 〈◊〉 and Order And this Liberty was left as much if not more in Preaching and Publick Prayer than in the Sacraments And therefore my Lord's Instance in this way will not follow from the Law to the Gospel To give instance in his own Words In the Law The poor Man which had nor Bullock nor Lamb might by the express Warrant of the Law bring Turtles or Pigeons but they were to be his own which he bought and the Priest was to make his Attonement accordingly But in the Gospel Men do not bring to the Priest or Minister their own Doctrins or their Prayers but he offers in publick the Sermon to them and the Prayers for them So here the Instance comes not home neither As for my Lord's Aggravation How much more would the Service have been abomination if Men should have taken Authority to themselves and have enjoyned all to bring nothing but Turtles or Pigeons Indeed it would have been full of Abomination because in this Injunction they would have gone quite contrary to God's own Command And let my Lord shew in the Gospel any Precept that commands Men to use Extemporary or Conceived Prayers in the Publick Service or Worship of God or that forbids the use of a Set Form of Prayer and then I will grant the Church's Injunction of such Forms to be in the highest degree unlawful But these cannot be shewed Besides there is a great deal of Pride in this Instance For my Lord all along the Instance makes the Set Forms of the Church Turtles and Pigeons the poor Man's Sacrifice and the Conceived Prayers of his Party to be the Rich and able Men's Sacrifice the Ram and the Bullock the Calf I doubt it is So a very little before his Lordship tells us of a Negligence in those his Men of Gifts which might offer better if they will As if it were a most easie thing for those Men to offer up far better Prayers to God than the Set Liturgy of the Church Whereas my Lord must give me leave to doubt that even of the best of them And so again a little after his Lordship tells us That God will be worshipped with the Fat and the best of the Inwards which he Interprets with the best of Mens Gifts and Abilities and of this there is no doubt Nor doth the enjoning of a Set Form of Publick Prayer hinder any Man from worshipping God with the best Gifts and Abilities which he hath And who should be served with the best if not he that gave them all But here 's the Pride of the Instance again Their conceived tedious and oft-times senseless Prayers must be the Fat and the Inwards with which God is pleased and the Set Forms of the Church Lean Carrion and not fit for the Altar O my Lord that you would in time lay your Hand on your Heart and consider from what and into what you are fallen My Lord concludes this Instance with this That if it be left free to him that Officiates 't is his personal Sin if he be negligent but it may be lawful for another that joins with him in that Service But if that manner be enjoined the Service it self is to be refused And after this great Pride in or of this Opinion my Lord ends with a Fallacy For the Question is not Whether a negligent Set Form of Prayer or a Good Form of Set Prayer negligently and without Devotion offer'd up to God as too often they are God help us be better than other Prayers carefully composed and devoutly uttered But simply Whether a good Set Form of Prayer such as the Liturgy of England is be made so evil only by the enjoyning of it as that therefore the Service it self ought to be refused Now this my Lord may say as boldly as he will but neither he nor any man else shall ever be able to prove it And in this very close I cannot but observe that which in me or another Man would have been great Pride But what it is in this Lord let the Reader judge For he doth not conclude that this Form being enjoyned is the Cause why he refuses to come to our Prayers But absolutely as if all Men were bound to do as he doth He says peremptorily that in this Case of Injunction of a set Form the Service it self ought to be refused So that by this Doctrine he is a Sinner that refuses not the Prayers of the Church of England My Lord in the beginning askt leave to speak a few Words concerning himself but I believe these will be found to concern some body else Well 't is time to consider of my Lord's second Instance and so I will Now in the time of the Gospel God hath appointed the foolishness of Preaching for so the World accounts it to be the Means by which he will save those that Believe I conceive where there are not Gifts enabling Men to Preach there might be a lawful and profitable use of Reading of Printed
in their Cause and medled in decernendo in determining and that before-hand what the Prelats should do and sometimes in Commanding the Orthodox Prelats to Communicate with the Arrians This they refused to do as being against the Canons of the Council of Nice And then his Answer was Yea but that which I will shall go for Canon But then we must know withal that Athanasius reckn'd him for this as that Antichrist which Daniel Prophesied of Hosius also the Famous Confessor of those Times condemned in him that kind of medling in and with Religion And so doth St. Hilary of Poictiers Valentinian also the Younger took upon him to judge of Religion at the like presuasion of Auxentius the Arrian but he likewise was sharply reproved for it by St. Ambrose In like manner Maximus the Tyrant took upon him to judge in Matters of Religion as in the Case of Priscillian and his Associates But this also was checkt by St. Martin Bishop of Tours Where it is again to be observed that though these Emperours were too busie in venturing upon the determination of Points of Faith yet no one of them went so far as to take Power from the Synods and give it to the Senate And the Orthodox and Understanding Emperours did neither the one nor the other For Valentinian the Elder left this great Church-work to be done by Church-Men And though the Power to call Councils was in the Emperour And though the Emperours were sometimes personally present in the Councils and sometimes by their Deputies both to see Order kept and to inform themselves yet the decisive Voices were in the Clergy only And this will plainly appear in the Instructions given by the Emperor Theodosius to Condidianus whom he sent to supply his place in the Council of Ephesus which were That he should not meddle with Matters of Faith if any came to be debated And gives this Reason for it Because it is unlawful for any but Bishops to mingle himself with them in those Consultations And Basilius the Emperour long after this in the Eighth General Council held at Constantinople 〈◊〉 870. affirms it of the Laity in general That it is no way lawful for them to meddle with these things But that it is proper for the Patriarchs Bishops and Priests which have the Office of Government in the Church to enquire into these Things And more of this Argument might easily be added were that needful or I among my Books and my Thoughts at liberty And yet this crosses not the Supremacy which the King of England hath in Causes Ecclesiastical as it is acknowledged both by the Church and Law For that reaches not to the giving of him Power to determine Points of Faith either in Parliament or out or to the acknowledgment of any such Power residing in him or to give him Power to make Liturgies and publick Forms of Prayer or to Preach or Administer Sacraments or to do any thing which is meerly Spiritual But in all things which are of a mixed Cognizance such as are all those which are properly called Ecclesiastical and belong to the Bishops External Jurisdiction the Supremacy there and in all things of like Nature is the Kings And if at any time the Emperour or his Deputy sit Judge in a Point of Faith it is not because he hath any right to judge it or that the Church hath not Right but meerly in case of Contumacy where the Heretick is wilful and will not submit to the Church's Power And this the Hereticks sometimes did and then the Bishops were forced to Appeal thither also but not for any Resolution in the point of Faith but for Aid and Assistance to the just Power of the Church I cannot but remember a very Prudent Speech utter'd in the beginning of the late preceding Parliament and by that Lord who now made this The occasion was A Lord offer'd to deliver a Message from the King before he was formally brought into the House and his Patent shew'd This Lord who thinks Church-Ceremonies may so easily be alter'd stood up and said He would not be against the delivery of the Message he knew not how urgent it might be but desired withal that it might be enter'd that this was yielded unto by Special leave of the House For that saith he though this be but a Ceremony yet the Honour and Safety of the Priviledges of this Great House is preserved by nothing more than by keeping the Ancient Rights and Ceremonies thereof intire And this I think was very wisely spoken and with great Judgment And could my Lord see this in the Parliament and can he not see it in the Church Are Ancient Ceremonies the chief Props of Parliamentary Rights and have they no use in Religion to keep up her Dignity yea perhaps and Truth too The House of Parliament is I confess a Great and Honourable House But the whole Church of Christ is greater And it will not well beseem a Parliament to maintain their own Ceremonies and to kick down the Ceremonies of the National Church which under God made all their Members Christians Most sure I am they cannot do it without ossence both to State and Church and making both a Scorn to Neighbouring Nations Now in the close of all my Lord tells his Fellow Peers and all others in them That if they shall thus wound the Consciences of their Brethren the Separatists they will certainly offend and sin against Christ. Soft and fair But what shall these Lords do if to Humour the Consciences of those Brethren some weak and many wilful and the cunning misleading the simple they shall disgrace and weaken and perhaps overthrow the Religion they profess Shall they not then both wound their own Consciences and most certainly sin against Christ Yes out of all doubt they shall do both Now where it comes to the wounding of Consciences no question can be made but that every Man ought first to look to his own to his Brethrens after A Man must not do that which shall justly wound his Brother's Conscience though he be his Brother in a Separation and stand never so much a-loof from him But he must not wound his own to preserve his Brother from a wound especially such a one as happily may cure him and by a timely pinch make him sensible of the ill Condition in which he is As for these Men God of his Mercy give them that Light of his Truth which they want and forgive them the boasting of that Light which they presume they have And give them true Repentance and in that Sense a wounded Conscience for their breaking the Peace of this Church And forgive them all their Sins by which they still go on with more and more violence to distract this Church And God of his Infinite Goodness preserve this Church at all times and especially at this time while the Waves of this Sea of Separation
do here upon the Second of Januay 1635. Comput Angl. present my Account both for the Diocess and Province of Canterbury concerning all those Church-Affairs which are contained in your Majesty's most gracious Instructions published out of your most Princely and Religious care to preserve Unity in Orthodox Doctrine and Conformity to Government within this your Church of England And First for my own Diocess I humbly represent to your Majesty that there are yet very many Refractory Persons to the Government of the Church of England about Maidstone and Ashford and some other Parts the Infection being spread by one Brewer and continued and increased by one Turner They have been both Censured in the High-Commission Court some Years since but the Hurt which they have done is so deeply rooted as that it is not possible to be plucked up on the suddain but I must crave time to work it off by little and little I have according to your Majesty's Commands required Obedience to my Injunctions sent to the French and Dutch Churches at Canterbury Maidstone and Sandwich And albeit they made some shew of Conformity yet I do not find they have yielded such Obedience as is required and was ordered with your Majesty's Consent and Approbation So that I fear I shall be driven to a quicker proceeding with them The Cathedral Church begins to be in very good Order And I have almost finished their Statutes which being once perfected will mutatis mutandis be a sufficient Direction for the making of the Statutes for the other Cathedrals of the new Erection which in King Henry the Eighth's Time had either none left or none Confirmed and those which are in many things not Canonical All which Statutes your Majesty hath given Power to me with others under the Broad Seal of England to alter or make new as we shall find Cause And so soon as these Statutes for the Church of Canterbury are made ready I shall humbly submit them to your Majesty for Confirmation There is one Mr Walker of St John's the Evangelist a Peculiar of mine in London who hath all his time been but a disorderly and a peevish Man and now of late hath very frowardly Preached against the Lord Bishop of Ely his Book concerning the Lord's Day set out by Authority But upon a Canonical Admonition given him to desist he hath hitherto recollected himself and I hope will be advised For the Diocess of London I find my Lord the Bishop hath been very careful for all that concerns his own Person But Three of his Arch-Deacons have made no return at all to him so that he can certifie nothing but what hath come to his knowledge without their help There have been convented in this Diocess Dr Stoughton of Aldermanbury Mr Simpson Curate and Lecturer of St Margarets New-Fishstreet Mr Andrew Moline Curate and Lecturer of St Swithin Mr John Goodwin Vicar of St Stevens Colman-street and Mr Viner Lecturer of St Laurence in the Old 〈◊〉 for Breach of the Canons of the Church in Sermons or Practice or both But because all them promised Amendment for the future and submission to the Church in all things my Lord very moderately forbore farther proceeding against them There were likewise convented Mr Sparrowhawke Curate and Lecturer at St Mary Woolchurch for Preaching against the Canon for Bowing at the Name of Jesus who because he wilfully persisted is suspended from Preaching in that Diocess As also one Mr John Wood a wild turbulent 〈◊〉 and formerly Censured in the high-commission-High-Commission-Court But his Lordship forbore Mr White of Knightsbridge for that his Cause is at this present depending in the Court aforesaid Concerning the Diocess of Lincoln my Lord the Bishop returns this Information That he hath Visited the same this Year all over in Person which he conceives no Predecessor of his hath done these Hundred Years And that he finds so much good done thereby beyond that which Chancellours use to do when they go the Visitation that he is sorry he hath not done it heretofore in so many Years as he hath been Bishop He farther Certifies that he hath prevailed beyond Expectation for the Augmenting of Four or Five small Vicarages and conceives as your Majesty may be pleased to remember I have often told you upon my own Experience that it is a Work very necessary and fit to be done and most worthy of your Majesty's Royal Care and Consideration For Conformity his Lordship professeth that in that large Diocess he knows but one unconformable Man and that is one Lindhall who is in the High-Commission Court and ready for Sentence My Lord the Bishop of Bath and Wells Certifies that his Diocess is in very good Order and Obedience That there is not a single Lecture in any Town Corporate but grave Divines Preach by course and that he hath changed the Afternoon Sermons into Catechising by Question and Answer in all Parishes His Lordship farther Certifies that no Man hath been Presented unto him since his last 〈◊〉 for any Breach of the Canons of the Church or Your Majesty's Instructions and that he hath received no notice of any increase of Men Popishly affected beyond the number mentioned in his last Certificat The Bishop of this See died almost Half a Year since and had sent in no Certificat But I find by my Visitation there this present Year that the whole Diocess is much out of Order and more at Ipswich and Yarmouth than at Norwich it self But I hope my Lord that now is will take care of it and he shall want no Assistance that I can give him Mr Samuel Ward Preacher at Ipswich was Censured this last Term in the High-Commission Court for Preaching in Disgrace of the Common-Prayer-Book and other like gross Misdemeanours These Six Bishops respectively make their Answer that in their own Persons they have observed all your Majesty's Instructions and that they find all their Clergy very conformable no one of them instancing in any particular to the contrary In this Diocess the Bishop found in his Triennial Visitation the former Year two noted Schismaticks Wroth and Erbury that led away many simple People after them And finding that they willfully persisted in their Schismatical course he hath carefully preferred Articles against them in the High-Commission Court where when the Cause is ready for Hearing they shall receive according to the Merits of it Concerning this Diocess your Majesty knows that the late Bishop's Residence upon the place was necessarily hindred by his Attendance upon your Majesty's Person as Clerk of the Closet But he hath been very careful for the observance of all your Instructions and particularly for Catechizing of the Youth As also for not letting of any thing into Lives to the Prejudice of his Successor in which he hath done exceeding well And I have by your Majesty's Command laid a strict Charge upon his Successor to look to those Particular Leases which
he hath made stay of that they may be reduced into Years for the good of that See which abundantly needs it My Lord Bishop of Winchester Certifies that there is all Peace and Order in his Diocess and that himself and his Clergy have duly Obeyed your Majesty's Instructions But he Informs that in the Parish of Avington in Hampshire one Vnguyon an Esquire is Presented for a new Recusant as also Three others whereof Two are in Southwark These Three Bishops for their several Diocesses respectively make return that all Obedience is yielded to every of your Majesty's Instructions The late Bishop of St Davids now of Hereford hath in his time of Residence taken a great deal of pains in that See and hath caused Two to be questioned in the High Commission and Suspended one Roberts a Lecturer for Inconformity Three or four others which were Suspended he hath released upon hope given of their Obedience to the Church and hath absolutely deprived Two for their exceeding Scandalous Life He complains much and surely with cause enough that there are few Ministers in those poor and remote places that are able to Preach and Instruct the People My Lord the Bishop informs that that County is very full of Impropriations which makes the Ministers poor and their Poverty makes them fall upon Popular and Factious courses I doubt this is too true but it is a Mischief hard to cure in this Kingdom yet I have taken all the care I can and shall continue so to do From the rest of the Bishops of my Province I have received no Certificat this Year viz. Covent and Litchfield Worcester Bangor So I humbly submit this my Certificat W. CANT The Arch-Bishop's Accounts of his Province to the King for the Year 1636. May it please your Sacred Majesty ACcording to your Royal Commands expressed in your late Instructions for the good of the Church I do here most humbly present my Yearly Account for my Diocess and Province of Canterbury for this last Year ending at Christmass 1636. And First for my own Diocess I have every Year acquainted your Majesty and so must do now that there are still about Ashford and Egerton divers Brownists and other Separatists But they are so very mean and poor People that we know not what to do with them They are said to be the Disciples of one Turner and Fennar who were long since apprehended and imprisoned by Order of your Majesty's High Commission Court But how this part came to be so infected with such a Humour of Separation I know not unless it were by too much connivence at their first beginning Neither do I see any Remedy like to be unless some of their chief Seducers be driven to Abjure the Kingdom which must be 〈◊〉 by the Judges at the Common Law but is not in our power I have received Information from my Officers that the Walloons and other Strangers in my Diocess especially at Canterbury do come orderly to their Parish Churches and there receive the Sacraments and Marry c. according to my Injunctions with that limitation which your Majesty allowed There have been heretofore many in Canterbury that were not conformable to Church Discipline and would not kneel at the Communion but they are all now very Conformable as I hear expresly by my Officers and that there is no falling away of any to Recusancy There hath been a Custom that some Ministers thereabouts have under divers pretences lived for the most part at Canterbury and gone seldom to their Benefices which hath given a double Scandal both by their absence from their several Cures and by keeping too much Company and that not in the best manner I have seen this remedied in all save only one Man and if he do not presently Conform I have taken order for his Suspension In the Diocess of London I find that my Lord the Bishop there now by your Majesty's Grace and Favour Lord High Treasurer of England hath very carefully observed those Instructions which belong to his own Person And for the Diocess his Lordship Informs me of three great Misdemeanours The one committed by Dr Cornelius Burges who in a Latin Sermon before the Clergy of London uttered divers insolent passages against the Bishops and Government of the Church and refused to give his Lordship a Copy of the Sermon so there was a necessity of calling him into the High Commission Court which is done The second Misdemeanour is of one Mr Wharton a Minister in Essex who in a Sermon at Chelmesford uttered many unfit and some scurrilous things But for this he hath been Convented and received a Canonical Admonition And upon his sorrow and submission any farther Censure is forborn The third Misdemeanour which my Lord complains of is the late spreading and dispersing of some Factious and Malicious Pamphlets against the Bishops and Government of the Church of England And my Lord farther Certifies that he hath reasonable ground to perswade him that those Libellous Pamphlets have been Contrived or Abetted and dispersed by some of the Clergy of his Diocess and therefore desires me to use the Authority of the High Commission for the further discovery of this Notorious practice to prevent the Mischiefs which will otherwise ensue upon the Government of the Church This God willing I shall see performed But if the High Commission shall not have Power enough because one of those Libels contains Seditious Matter in it and that which is very little 〈◊〉 of Treason if any thing at all then I humbly crave leave to add this to my Lord Treasurer's Motion and humbly to desire that your Majesty will call it into a higher Court if you find Cause since I see no likelyhood but that these Troubles in the Church if they be permitted will break out into some Sedition in the Common-wealth My Visitation is yet depending for this Diocess and by reason of the Sickness I could not with safety hold it nor think it fit to gather so much People together but God willing I shall perform that Duty so soon as conveniently I may and then Certifie your Majesty at the next return what shall come under mine own view In this Diocess I find by my Lord's Report from his Officers that there are divers Recusants in several parts of the Country and that some of them have been seduced away from the Church of England within these two or three Years For all things else I receive no complaint thence save only of three or four Ministers that are negligent in Catechising and observe it not at all or but in the Lent only But I shall call upon the Bishop to see this remedied and to be as vigilant as he can against any farther increase of Recusants From Bath and Wells I have received a very good and happy Certificat both that all your Majesty's Instructions have been exactly performed throughout that whole Diocess And
some places refusing so to do Now because this is not Regulated by any Canon of the Church his Lordship is an humble Suitor that he may have Direction herein And truly I think for this Particular the People will best be won by the Decency of the Thing it self and that I suppose may be compassed in a short time But if your Majesty shall think it fit that a quicker way be held I shall humbly submit From the Lord Bishop of this Diocess I have received no Particular but in General thus That all your Majesty's Instructions are now observed there without repugnance for ought either Chancellor or any other Officer of his hath informed him My Lord the Bishop of this See certifies That your Majesty's Instructions are carefully observed and that there are only two Lecturers in the City of Worcester both very conformable and that they shall not longer continue than they are so And that the one of them preaches on Sundays in the Afternoons after Chatechizing and Service in the Parish-Churches and ending before Evening Prayers in the Cathedral I may not here forbear to acquaint your Majesty that this Sunday Lecture was ever wont to be in the Cathedral and that it is removed because the City would suffer no Prebendary to have it And Evening Prayers in their Parish-Churches must needs begin betimes and their Catechizing be short and the Prayers at the Cathedral begin very late if this Lecture can begin and end in the space between But if it can be so fitted I think the Dean and Chapter will not complain of the remove of the Lecture to a Parish-Church For these Three Diocesses my Lords the Bishops Certifie that all your Majesty's Instructions are carefully observed neither do any of them mention any thing amiss in the general either for Doctrine or Discipline Only the Bishop of Exeter hath sent me up two Copies of the late Libel Intituled News from Ipswich which were sent thither to a Stationer with Blank Covers These Five Diocesses following I have Visited this Year by my Vicar General and other Commissioners And for Hereford I find not many things amiss though the often change of the Bishop there which hath of late hapned hath done no good among them But some pretensions there are to certain Customs which I conceive were better broke than kept And I shall do my best to reform them as I have Opportunity and humbly beg your Majesty's Assistance if I want Power For St. Davids the Bishop is now there and will take the best care he can to see all things in Order But there is one Matthews the Vicar of Penmayn that preaches against the keeping of all Holy-Days with divers other as Fond or Prophane Opinions The Bishop hath inhibited him and if that do not serve I shall call him into the High-Commission Court Baronet Rudde is in this Diocess the Son of a late Bishop there who is a sober Gentleman He hath Built him a Chappel and desires the Bishop to Consecrate it But his Lordship finding one of your Majesty's Instructions to be that none should keep a Chaplain in his House but such as are qualified by Law which he conceives a Baronet is not hath hitherto forborn to Consecrate this Chappel as being to be of small use without a Chaplain and humbly craves direction herein what he shall do I humbly propose to your Majesty whether considering the Charge this Gentleman hath been at and the ill Ways which many of them there have to Church it may not be fit to Consecrate this Chappel and then that he may have a License to use the Minister of the Parish or any other lawfully in Orders Always provided that he use this Chappel but at times of some necessity not making himself or his Family strangers to the Mother-Church and that there be a Clause expressed in the License for recalling thereof upon any Abuse there committed and that this License be taken either from the Bishop under his Seal or from the Arch-Bishop of the Province For Landaff there is very little found amiss Only the Bishop complains that whereas Mr. Wroth and Mr. Erbury are in the High-Commission for their Schismatical proceedings the slow prosecution there against them makes both them persist in their By-ways and their Followers judge them Faultless But for this I humbly present to your Majesty this Answer That now the loss of two Terms by reason of the Sickness hath cast the Proceedings of that Court as well as of others behind-hand And there is no Remedy where all things else stay as well as it In the Diocess of St. Asaph there is no Complaint but the usual That there is great resort of Recusants to Holy-Well and that this Summer the Lady Falkland and her Company came as Pilgrims thither who were the more observed because they travelled on Foot and Dissembled neither their Quality nor their Errand And this Boldness of theirs is of very ill construction among your Majesty's People My humble Suit to your Majesty is That whereas I complained of this in open Council in your Majesty's presence you would now be graciously pleased that the Order then resolved on for her Confinement may be put in execution For Bangor I find that Catechising was quite out of use in those remote parts the more the Pity But the Bishop is now in hope to do much good and sees some Reformation in that particular already And I would say for this and the other Diocesses in Wales that much more good might be done there in a Church-way if they were not overborn by the Proceedings of the Court of the Marches there And this present Year in this Diocess of Bangor my Commissioners for my Metropolitical Visitation there complain unto me that the Power which belongs to my place hath been in them very much wronged and impeached by that Court And I do most humbly beseech your Majesty in your own good time to give this my Cause a Hearing if it take not a fair end without that trouble For Rochester the Bishop God comfort him is very ill of a Palsy and that I fear hath made him forget his Account Neither hath the Bishop of Glocester sent me any but why I know not And for Bristol that See is void For this Diocess I have likewise received no Account But I fear that whereas the Bishop was lately complained of to your Majesty for making Waste of the poor Woods there remaining he is not over-willing to give an Accotnt of that Particular Nor of the gross Abuse committed in the Cathedral Church by the Lady Davis who I most humbly beseech your Majesty may be so restrained as that she may have no more Power to commit such horrible Profanations And so I most humbly submit this my Yearly Account of my Province of Canterbury to your Majesty's Princely Wisdom W CANT The Arch-Bishop's Account of
like a Damned Rogue between two Theeves c. Glocester C. R. I must bee satisfyed that the Occasions were very necessary otherwaies he shall Answer itt Hereford Oxford Chichester Peterborough Canterbury London Lincoln Bath and Wells Norwich Oxon. Sarum Ely Chichester St. Asaph Bristol Landaff Hereford Winton Peterburgh Rochester Exeter St Davids Glocester The Account of my Province of Canterbury for the Year 1636 presented to his Majesty Jan. An. Praed Canterbury C. R. Informe mee of the Particulars and I shall command the Judges to make them Abjure London C. R. What the High Commission cannot doe in this I shall supply as I shall finde Cause in a more powerfull way Winchester Bath and Wells Norwich C. R. Let him goe Wee are well ridd of him C. R. I approve your Judgment in this I only add that care must be taken that even those Qualified by Law keepe none but Conformable Men. C. R. Bishops Certificates in this Case must be most unquestionable Evidence C. R. His Sute is granted and assuredly his negative Consequence shall followe Oxford C. R. If this be not upon Composition I understand itt not Ely 〈◊〉 C. R. This may prove a bold Part in the Bishop and the poore Preist in noe Fault as the other Day his information proved concerning the Ship Business at the Council-Board therefore examine this farther C. R. Try your way for some tyme. Sarum 〈◊〉 Exon. Chichester Peterborough Hereford C. R. Which ye shall not want if you need St. Davids C. R. Since he hath beene at the Charge and hath so good Testimonie lett him have his desire with those restrictions mentioned Landaff St. Asaph C. R. Itt is done Bangor C. R. I doubt not but by the Grace of God to agree these Differences by my hearinge of them Rochester Glocester Bristol Coventry and Lichfield C R. For the Bishops of Gloster and Coven and Lich I must know why they have not made other Account Whythall the 21 of Feb 1637 Cant. C. R. Keepe those particular Persons fast untill ye thincke what to doe with the rest London C. R. Itt is most fitt Winton C. R. I desire to know the certaintie of this Ely Rochester Sarum Peterburgh Bath and Wells Lincoln Norwich C. R. Let him proceed to Deprivation C. R. Let him doe his Duty and I shall take care that no Prohibition shall trouble him in this case C. R. Herein I shall not faile to doe my Part. Exon. Oxford C. R. Lett mee see those exemptions and then I shall declare my further Pleasure Bristol C. R Doe soe C. R. I shall Chichester Hereford St. Asaph Landaff Bangor Worcester St. Davids C. R. Cale for them Canterbury C. R. Demand theire helpe and if they refuse I shall make them assist you London Winton Lincoln Oxon. Worcester Exon. Hereford Ely Bristol C. R. In this ye have very great reason for it is not fit that the Sentence of Excommunication should stand longer then it needs must Landaff St. Davids C. R. It is no wonder that this Relation is imperfect since the Bishop's Sicknes gives him an excuse for absence Bangor Glocester C. R. This is well enough if he have left his desire of further absenting himselfe Norwich C. R. I doe soe Lichfield C. R. I shall Chichester Peterborough Sarum Bath and Wells Rochester S. Asaph Canterbury C. R. It were not amisse to speake with the Keeper about this London Winton Oxford C. R. Command him in my name to doe soe Conventry and Lichfield C. R. I am content Norwich Ely C. R. It must not bee You are in the Right for if faire meanes will not power must redresse it C. R. Cotting on would bee spoken withall concerning this Hereford Bristol Peterburgh C. R. Soe that Catechizng be first duely performed let them 〈◊〉 a Sermon after that if theye desire it C. R. It is most necessary that the Bishop observe this that you mention strictly Lincoln Exeter Asaph Bath and Wells Sarum Worcester Gloucester Rochester St. Davids Landaff Bangor Chichester C. R. I hope it is to be understood that what is not certified here to be amisse is right touching the observation of my Instructions which granted this is no ill Certificat 10 Feb. 1617 40. C. R. * Who I believe is the Author of this Tract * And would be then disclose it to me if I were in any degree a Promoter of it or a Favourer of the Religion * This is not so For I gave not any Vote at all for his Censure * If a stranger were thus affected at the hearing of this Plot how should we our selves be sensible thereof * I have not looked upon these 〈◊〉 these two Years and 〈◊〉 half Yet if my memory fail not here are some 〈◊〉 left 〈◊〉 * The Jesuits Plots are never ended till they obtain their 〈◊〉 ends in all things * The Pope and Cardinal Barbarino His Majesty and the Realm may be soon be trayed by such false Attendants I beseech Your Majesty read these Letters as they are endorsed by figures 1 2 3 c. Ye had reason so to doe It is an unanswerable Dilemma I concur totally with you in opinion assuring you that no body doth or shall know of this businesse and to shew my care to conceale it I received this but this afternoon and now I make this dispatch before I sleepe Herewith I send his warrant as you advise which indeed I judge to 〈◊〉 the 〈◊〉 way I like your answer extreame well and doe promise not to deceive your confidence nor make you break your word I have sent all back I thinke these Apostyles will bee warrant enough for you to proceed especially when I expresly command you to doe so In this I am as far from condemning your judgment as suspecting your fidelitie C. R. * The King's hand and date * The Arch-Bishop's Postcript * A very good Argument of truth and reality * Therefore a man of note and imployment * The quality of the discoverer and means inducing him to reveal this Plot. * The Popes Nuncio then in England Four sorts of Jesuits * A good Caveat to Nobles and Gentlemen to beware they entertain not a Jesuit or Romish Spie in their Houses instead of a Servant * We had need 〈◊〉 about when so many active 〈◊〉 are harboured among us even perchance at this present Therefore 〈◊〉 Kingdoms need 〈◊〉 to themselves Strange that such a Society should be 〈◊〉 under the Desender of the Faith A strangeWorld when a Popes Legat shall be openly 〈◊〉 boured so 〈◊〉 the King and Court and have free access to 〈◊〉 without controul If the King truly hate the Pope it will make his Instruments less effectual if they come in his Name Popes Instruments are ever very active Strange it was that the chief Men should not set themselves gainst him and his to send them packing hence especially that the King himself did it not when hethus tempted and assaulted him That a Popes
but also though it be done as a help to Continency And S. Hilary agrees with this and calls it not a Custom but a Constitution such a Constitution as that if any Man shall advisedly and of set purpose Fast on the Lord's Day by the Decree of the Fourth Council of Carthage he should not be accounted a Catholick And they must needs do it advisedly and of set purpose who appoint a publick solemn Fast upon that Day and then keep it And this was so strictly observed in S. Ambrose his time that it was not held Lawful to Fast upon that Day no not in Lent Nay he goes farther For he says expresly If any Man make a Law or give a Command for Fasting on the Lord's Day he believes not in the Resurrection of Christ. And is not this opposite to Christianity it self And is not that Legem indicere when they Proclaim or Command a Publick Fast With him S. Augustin joyns very fully and first says it is a great Scandal Then he gives the reason of it Because Christ joyned Mourning with Fasting which becomes not this Day unless Men think 't is fit to be sorry that Christ is risen from the Dead And this I am sure is opposite to Christianity it self For if Christ be not Risen then is our Preaching vain and your Faith is also vain 1. Cor. 15. After this he asks this Question Who doth not offend God if with the Scandal of the whole Church of Christ he will Fast upon the Lord's Day I will not go lower down This is enough if any thing be Yet this I will add that as this Fasting on Sunday was antiently prohibited so was it never practised of old but by notorious and professed Hereticks as by the Manichees who appointed that Day for fasting so S. Aug. and were justly condemned for it so S. Ambrose And by Aerians who Fasted on Sunday and Feasted on Fridays so Epiphanius And by the Priscilianists whom S. Aug. therefore calls the Imitators of the Manichees and so they were indeed For neither of them believed that our Blessed Saviour was a true Man and therefore disregarded the Day of his Resurrection as appears in S. Leo. And as against these the Council held at Caesar-Augusta An. 381. provided so before An. 324. the Council at Gangra made their Canon against Eutactus the Armenian Monk and his Ground was pretence of Abstinence as if he could never Fast enough This is enough and all this is within the compass of the Primitive Church which certainly if these Men did not scorn they would never have urged this against me Well! This is they say drawn out of my fourteen Letters Next they will prove me the Author of many Disturbances among them 2. By two Papers of Memoirs and Instructions from the Pretended Bishop of St. Andrews to the pretended Bishop of Ross coming to this Prelate that is of Canterbury for ordering the Affairs of the Kirk and Kingdom of Scotland It is manifest here by their own Words that these Memorials and Instructions whatsoever they were had not me the Prelate of Canterbury for their prime cause on Earth for they came from the Reverend and Prudent Arch-Bishop of St. Andrews to the Reverend Bishop of Ross by him to deliver to me for the ordering of the Affairs of the Kirk and Kingdom of Scotland Surely I think no Man will judge it to be a Crime in me to give my Bretheren the Bishops of Scotland the Best Counsel and with that Counsel the best Assistance to his Majesty that I could in their Church-Affairs considering their absence and remoteness from him and the Place that I bear about him And for my own part had I been defective therein I should have thought my self not only unkind to them but faulty otherwise in my Duty both to his Majesty and that Church But for the Affairs of that Kingdom though I had the Honour to be a Sworn Counsellor of that State as well as this yet I never medled with them but at such time and in such a way as I was called and commanded to by his Majesty Let us therefore see the Particulars which are Named As not only to obtain Warrants to order the Exchequer the Privy-Council the great Commission of Surrenders The matter of Balmerinoe's Process as might please our Prelates but Warrants also for the sitting of the High-Commission-Court once a Week in Edinburgh and to gain from the Noble-Men for the Benefit of the Prelates and their Adhaerents the Abbacies of Kelsoe Arbroth St. Andrews and Lindores For the first of these my obtaining Warrants to order the Exchequer there that is indeed an Affair of the Kingdom and a great one But all or most that I did herein was at the earnest entreaty of the Earl of Traquair Treasurer Depute and after that Lord Treasurer who avowed to me that if the Orders were setled for the Exchequer he would not only bring the King out of Debt but raise him some Revenue also with a Protestation farther that for that and some such like particulars he could trust no hand but mine in his absence to get them done and kept private And at so great an Officers intreaty and for Matters under his own Charge I could not refuse so much Service for the King as was pretended by him As for Orders to the Privy-Council I remember not any procured by me And sure I am if I did any thing to that Honourable Body it was by his Majesty's Command and in relation to Church Affairs there And for the Great Commission of Surrenders in which both the Bishops and the inferiour Clergy were deeply interessed and did much fear the loss of their Tythes and to be made Stipendiaries I conceive I had all the reason in the World to give them my best assistance and yet I undertook not this Care till his Majesty gave me a special Command to do what I did And if the Bishops were in any thing mistaken in this Commission that cannot charge upon me who followed it no farther than I received special directions from his Majesty for the publick good For the Lord Balmerinoe's Process I heard much discourse of it at Court but I medled nothing with it one way or other saving that at the intreaty of some Men of Honour of that Nation I did twice if not thrice adventure to become an humble Suitor to his Majesty in that Lord's behalf And this was all the Harm I did him As for the High-Commission-Court if there were no fault in it as such a Court then I am sure there could be none in the Sitting of it once a Week If the having of such a Court be a Fault as it seems 't is now accounted as well here as there yet for my own part with all humble Submission to better Judgment I cannot think it is and I must still pray that both Nations
have not Cause to Repent the Abolishing of it But howsoever this was not of my procuring A Scotchman of good Place was imployed about it from the Bishops and effected it and I could name him but since it is here charged as a Fault I shall accuse no Man else but defend my self And this for the Sitting of it once a Week But for the establishing of that Court in that Kingdom that was done long before I was a Bishop or had any thing to do in the Publick For it appears by one of the greatest Factionists in that Kingdom that the Hich-Commission-Court was setled and in full Execution in the Year 1610. when all Men know I led a private Life in Oxford by which it is more than manifest that I neither was nor could be Author of this pretended Novation or any disturbance that followed from it The next is a great Charge indeed were there any Truth in it That I laboured to gain from the Noblemen for the Benefit of the Prelates and their Adhaerents the Abbacies of Kelsoe Arbroth S. Andrews and Lindores To begin at the last The Man that followed that was Mr. Andrew Lermot He came recommended to me very highly and with assurance that the Title which he laid to Lindores was Just and Legal But notwithstanding all this my Answer was That I knew not the Laws of that Kingdom nor would meddle with any thing of that nature And though he made great means to me yet he could never get me to meddle in it and which is more I told him and his Friends that for so much as I did understand I did much fear this way taken by him would do Mischief And tho' Mr. Lermot have the general repute of an Honest and a Learned Man yet for this very business sake I have made my self a Stranger to him ever since and that all this is Truth he and his Friends yet living are able to Testify For St. Andrews his Majesty took a resolution to Rebuild the Cathedral there which he found he could no way so well do as by annexing that Abby to the Arch-Bishoprick of St. Andrews with a Legal Caution for so much Yearly to be laid out upon that Building My Lord Duke of Richmond and Lenox who was owner of it had for it ....... Thousand Pounds The Earl of Tarquair who then managed the Lord Duke's Affairs made the Bargain with the King and that which I did in it was meerly to consider how security might be given that the Money which the King intended for so good and great a Work as the rebuilding of that Cathedral might be imployed to the right use and no other For Arbroth my Lord Marquis Hamilton without any the least Thought of mine that way made his earnest Suit to me that his Majesty would take Arbroth and joyn it to the very poor Bishoprick of Brechen close to which it lay and give him for it a Suit here in England At his Lordship's intreaty I obtained this And he very Nobly conveyed Arbroth as he promised But things were so carried by the Earl of Traquair the Lord Treasurer of Scotland that the poor Bishop of Brechen could never get that setled upon his See which was not the only thing in which that Lord played fast and loose with me For Kelsoe the like earnest Suit did my Lord the Earl of Roxborough make to me of himself for an Exchange and pressed me three or four times before he could get me to move his Majesty Indeed I was fearful least the King should grow weary of such Exchanges for sure I was whatsoever was pretended none of these Lords meant to lose by their Bargain Till at last my Lord of Roxborough was so Honourable as that he would needs leave Kelsoe to the King 's disposing and stay for such Recompence as he should think fit to give him till his Majesty found his own time This at his earnest intreaty still I acquainted the King with And so that business setled for a small time but how 't is now I know not And this was all that ever I did about Arbroth and Kelsoe And these two Honourable Lords are yet living and will witness this Truth But the Charge says farther That in the smallest Matters they the Prelates received his Commandments As for taking down Galleries and stone Walls in the Kirks of Edinburgh and St. Andrews for no other end but to make way for Altars and Adoration towards the East which beside other Evils made no small noise and disturbance amongst the People deprived hereby of their ordinary accommodation for Publick Worship This Charge is like the rest Is it probable that such Grave and Learned Men as those of the Scottish Bishops were which held intercourse with me should not resolve in the smallest Matters till they received my Commandments who never sent Command to any of them in my Life but what I received expresly from the King And they certainly were not for the smallest Matters As for the taking down of Galleries in St. Andrews to the uttermost of my Memory I never gave either Command or Direction Nor can it stand with any shew of probability that I should command the taking down of Galleries in St. Andrews where I had nothing to do and let Galleries stand in so many Churches in London and other parts of my Province where I had Power The Truth is I did never like Galleries in any Church They utterly deface the grave Beauty and Decency of those Sacred Places and make them look more like a Theater than a Church Nor in my Judgment do they make any great accomodation for the Auditory For in most places they hinder as much room beneath as they make above rendring all or most of those places useless by the noise and trampling of them which stand above in the Galleries And if I be mistaken in this 't is nothing to the business in hand For be Galleries what they will for the use I commanded not the taking of them down at St. Andrews At Edinburgh the King's Command took down the stone Walls and Galleries which were there removed and not mine For his Majesty having in a Christian and Princely way Erected and Indowed a Bishoprick in Edinburgh he resolved to make the great Church of St. Giles in that City a Cathedral And to this end gave Order to have the Galleries in the lesser Church and the Stone-wall which divided them taken down For of old they were both one Church and made two by a Wall built up at the West end of the Chancel So that that which was called the lesser Church was but the Chancel of St. Giles with Galleries round about it And was for all the World like a square Theater without any shew of a Church As is also the Church at Brunt-Iland over-against it And I remember when I passed over at the Frith I took it at first sight for a large square Pigeon-House So free
but an Act of Parliament and that no regard was had to the Canons I humbly conceive there was no offence in the Words For though the Superiority by far in this Kingdom belongs to the Acts of Parliament yet some regard doubtless is or ought to be had to the Canons of the Church And if nothing will down with Men but Acts of Parliament the Government cannot be held up in many Particulars For the other Words God forgive this Witness For I am well assured I neither did nor could speak them For is it so much as probable that I should say I would rescind all Acts that are against the Canons What power have I or any particular Man to rescind Acts of Parliament Nor do I think any Man that knows me will believe I could be such a Fool as to say That I hoped shortly to see the Canons and the Kings Prerogative equal to Acts of Parliament Since I have lived to see and that often many Canons rejected as contrary to the Custom of the Place as in choice of Parish-Clerks and about the Reparation of some Churches and the King's Prerogative discussed and weighed by Law Neither of which hath or can be done by any Judges to an Act of Parliament That there is Malice in this Man against me appears plainly but upon what 't is grounded I cannot tell Unless it be that in this business of Dr. Gill and in some other about placing Lecturers which in some Cases this Company of the Mercers took on them to do I opposing it so far as Law and Canon would give me leave crossed some way either his Opinion in Religion or his Purse-profit I was I confess so much moved at the Unworthiness of this Man's Testimony that I thought to bind this Sin upon his Soul not to be forgiven him till he did publickly ask me Forgiveness for this Notorious Publick Wrong done me But by God's Goodness I master'd my self and I heartily desire God to give him a sense of this Sin against me his poor Servant and forgive him And if these words could possibly scape me and be within the danger of that Statute then to that Statute which requires my Tryal within six Months I refer my self The Eleventh Charge of this day was the Imprisonment of Mr. George Waker about a Sermon of his Preached to prove as he said That 't is Sin to obey the greatest Monarchs in things which are against the Command of God That I had Notes of his Sermons for four or five Years together of purpose to intrap him That I told his Majesty he was Factious That Sir Dadly Carlton writ to keep him close That in this Affliction I protested to do him Kindness and yet did contrary My Answer was That for the Scope of his Sermon To Obey God rather than Man no Man doubts but it ought to be so when the Commands are opposite But his Sermon was viewed and many factious Passages and of high Nature found in it And yet I did not tell the King he was Factious but that he was so complained of to me and this was openly at the Council-Table And whereas he speaks of Notes of his Sermons for divers Years with a purpose to intrap him all that he says is that he was told so but produces not by whom And truly I never had any such Notes nor ever used any such Art against any Man in my Life For his Commitment it was done by the Council-Table and after upon some Carriage of his there by the Court of Star-Chamber not by me nor can that be imputed to me which is done there by the major part and I having no Negative And if Sir Dudly Carlton writ to keep him close at his Brother's House contrary to the Lords Order let him answer it And if he supposes that was done by me why is not Sir Dudly examined to try that Truth As for the Protestation which he says I made to his Wife and his Brother that I complained not against him it was no Denyal of my Complaint made against him at the first that I heard he was Factious but that after the time in which I had seen the full Testimony of grave Ministers in London that he was not Factious I made no Complaint after that but did my best to free him And the Treason in these two Charges is against the Company of the Mercers and Mr. Waker The next Charge was that Dr Manwaring having been Censured by the Lords in Parliament for a Sermon of his against the Liberty and Propriety of the Subject was yet after this preferred by me in Contempt of the Parliament-Censure both to the Deanery of Warcester and the Bishoprick of St Davids And my own Diary witnesses that I was complained of in Parliament for it And that yet after this I did consecrate him Bishop 1. To this I answered that he was not preferred by me to either of these and therefore that could not be done in contempt of the Parliament-Censure which was not done at all For as for St Davids 't is confessed Secretary Windebank signified the King's Pleasure not I. And whereas it was added that this was by my means That is only said but not proved And for Worcester there is no Proof but the Docket-Book Now my Lords 't is well known in Court that the Docket doth but signifie the King's Pleasure for such a Bill to be drawn it never mentions who procured the Preferment So that the Docket can be no Proof at all against me and other there is none 2. For the Sermon 't is true I was complained of in Parliament that I had been the Cause of Licensing it to the Press and 't is as true that upon that Complaint I was narrowly sifted and an Honourable Lord now present and the Lord Bishop of Lincoln were sent to Bishop Mountain who Licensed the Sermon to Examine and see whether any Warrant had come from me or any Message But when nothing appeared I was acquitted in open Parliament To some Body 's no small Grief God forgive them and their Malice against me for to my knowledge my Ruin was then thirsted for And as I answered Mr. Brown's Summary Charge when he pressed this against me could this have been proved I had been undone long since the Work had not been now to be done That he was after Consecrated by me is true likewise and I hope 't is not expected I should ruine my self and fall into a Premunire by refusing the King 's Royal Assent and this for fear lest it might be thought I procured his Preferment But the Truth is his Majesty commanded me to put him in mind of him when Preferments fell and I did so But withal I told his Majesty of his Censure and that I fear'd ill Construction would be made of it To this it was replyed That I might have refused to Consecrate the Cause why being sufficient and justifiable in Parliament and excepted
in that Law But how sufficient soever that Cause may be in Parliament if I had been in a Premunire there-while and lost my Liberty and all that I had beside for disobeying the Royal Assent I believe I should have had but cold Comfort when the next Parliament had been Summoned no Exception against the Man being known to me either for Life or Learning but only this Censure Nor is there any Exception which the Arch-Bishop is by that Law allowed to make if my Book be truly Printed Then followed the Charge of Dr. Heylin's Book against Mr. Burton out of which it was urged That an unlimited Power was pressed very far and out of p. 40. That a way was found to make the Subject free and the King a Subject that this Man was preferred by me that Dr. Heylin confessed to a Committee that I commanded him to Answer Mr. Burton's Book and that my Chaplain Dr. Braye Licensed it I Answer'd as follows I did not prefer Dr. Heylin to the King's Service it was the Earl of Danby who had taken Honourable Care of him before in the University His Preferments I did not procure For it appears by what hath been urged against me that the Lord Viscount Dorchester procured him his Parsonage and Mr. Secretary Coke his Prebend in Westminster For his Answer to the Committee that I commanded him to Write against Burton It was an Ingenuous and a True Answer and became him and his Calling well for I did so And neither I in Commanding nor he in Obeying did other than what we had good Precedent for in the Primitive Church of Christ. For when some Monks had troubled the Church at Carthage but not with half that danger which Mr. Burton's Book threatned to this Aurelius then Bishop commanded St. Aug. to Write against it and he did so His Words are Aurelius Scribere Jussit feci But though I did as by my Place I might Command him to Write and Answer yet I did neither Command nor Advise him to insert any thing unsound or unfit If any such thing be found in it he must Answer for himself and the Licenser for himself For as for Licensing of Books I held the same course which all my Predecessors had done And when any Chaplain came new into my House I gave him a strict Charge in that Particular And in all my Predecessors Times the Chaplains suffer'd for faults committed and not their Lords though now all is heaped on me As for the particular Words urged out of Dr. Heylin's Book p. 40. there is neither Expression by them nor Intention in them against either the Law or any Lawful Proceedings but they are directed to Mr. Burton and his Doctrine only The words are You have found out a way not the Law but you Mr. Burton to make the Subject free and the King a Subject Whereas it would well have beseem'd Mr. Burton to have carried his Pen even at the least and left the King his Freedom as well as the Subject his From this they proceeded to another Charge which was That I preferred Chaplains to be about the King and the Prince which were disaffected to the Publick Welfare of the Kingdom The Instance was in Dr Dove And a Passage Read out of his Book against Mr Burton And it was added that the declaring of such disaffection was the best Inducement or Bribe to procure them Preferment To this I then said and 't is true I did never knowingly prefer any Chaplain to the King or Prince that was ill-affected to the Publick And for Dr. Dove if he utter'd by Tongue or by Pen any such wild Speech concerning any Members of the Honourable House of Commons as is urged thereby to shew his disaffection to the Publick he is Living and I humbly desire he may answer it But whereas it was said That this was the best Inducement or Bribe to get Preferment This might have been spared had it so pleased the Gentleman which spake it But I know my Condition and where I am and will not lose my Patience for Language And whereas 't is urged That after this he was Named by me to be a Chaplain to the Prince his Highness the Thing was thus His Majesty had suit made to him that the Prince might have Sermons in his own Chappel for his Family Hereupon his Majesty approving the Motion commanded me to think upon the Names of some fit Men for that Service I did so But before any thing was done I acquainted the Right Honourable the Lord Chamberlain that then was with it my Lord knew most of the Men and approved the Note and delivered it to his Secretary Mr Oldsworth to Swear them This was the Fact And at this time when I put Dr Dove's Name into the List I did not know of any such Passage in his Book nor indeed ever heard of it till now For I had not Read his Book but here and there by snatches I am now come and 't is time to the last Particular of this day And this Charge was The giving of Subsidies to the King in the Convocation without consent in Parliament That the Penalties for not paying were strict and without Appeal as appears in the Act where it is farther said that we do this according to the Duty which by Scripture we are bound unto which reflects upon the Liberties of Parliaments in that behalf But it was added they would not meddle now with the late Canons for any thing else till they came to their due place 1. My Answer to this was That this was not my single Act but the Act of the whole Convocation and could not be appliable to me only 2. That this Grant was no other nor in any other way Mutatis Mutandis than was granted to Queen Elizabeth in Arch-Bishop Whitgift's time This Grant was also put in Execution as appeared by the Originals which we followed These Originals among many other Records were commanded away by the Honourable House of Commons and where they now are I know not But for want of them my Defence cannot be so full 3. For the Circumstances as that the Penalties are without Appeal and the like 't is usual in all such Grants And that we did it according to our Duty and the Rules of Scripture we conceived was a fitting Expression for our selves and Men of our Calling without giving Law to others or any intention to violate the Law in the least For thus I humbly conceive lyes the mutual Relation between the King and his People by Rules of Conscience The Subjects are to supply a full and Honourable Maintenance to the King And the King when Necessities call upon him is to ask of his People in such a way as is per pacta by Law and Covenant agreed upon between them which in this Kingdom is by Parliament yet the Clergy ever granting their own at all times And that this was my Judgment long before this
Law But what is the Heart of this Charge It is say they That I Commanded Dr. Duck to prosecute them And what fault was in this For if it were Just why should not Dr. Duck go on with his Prosecution If Dr. Duck and I were both mistaken in the Particular 't was easy getting a Prohibition Yea but they say I said If this must be so Sir Thomas Dacres shall be Bishop of London and I 'll be Sir Tho. Dacres For ought I see in the Weight of it this whole Charge was but to bring in this Speech And truly my Lords my old decayed Memory is not such as that I can recall a Speech Thirteen or Fourteen Years since But if I did say it I presume 't is not High Treason for a Bishop of London to say so much of Sir Tho. Dacres Mr. Browne in the summing up the Charge against me laid the weight of the Charge in this That these Church-Wardens were Prosecuted for Executing the Warrant of a Justice of Peace upon an Ale-House-Keeper for Tipling on the Sabbath-Day contrary to the Statutes Jacobi 7. Caro. 3. To which I Answer'd That those Statutes did concern the Ale-House-Keepers only nor were the Church-Wardens called in question for that but because being Church Officers and a Church-Man Tipling there they did not complain of that to the Chancellor of the Diocess Mr. Browne replied there was no Clergy-Man there I am glad I was so mistaken But that excuseth not the Church-Wardens who being Church Officers should have been as ready to inform the Bishop as to obey the Justice of Peace The Fourth Instance was about Marriages in the Tower which I opposed against Law The Witness Sir William Balfore then Lieutenant of the Tower He says that I did oppose those Marriages And so say I. But I did it for the Subject of England's sake For many of their Sons and Daughters were there undone Nor Banes nor Licence nor any means of fore-knowledge to prevent it Was this ill He says that when he spake with me about it I desired him to speak with his Majesty about it because it was the King's House What could I do with more moderation He confesses he did so and that he moved the King that the Cause might be heard at the Council-Table not at the High-Commission To this his Majesty inclined and I opposed nothing so the general Abuse might be rectified Then he says Mr. Attorney Noye said at the Council-Table it was the King's Free-Chappel and that no Pope in those times offer'd to inhibit there First if Mr. Attorney did so say he must have leave to speak freely in the King's Cause Secondly as I humbly conceive the Chappel for ordinary use of Prisoners and Inhabitants of the Tower where these disorderly Marriages are made is not that which is called the King's Free-Chappel But another in the side of the white Tower by the King's Lodgings Thirdly if it be yet I have herein not offended for I did all that was done by the King's leave not by any assumption of Papal Power Then he tells the Lords that in a Discourse of mine with him at Greenwich about this business I let fall an Oath I am sorry for it if I did But that 's no Treason And I know whom the Deponent thinks to please by this Interposition For to the matter it belongs not In conclusion he says truly that the King committed the business to some Lords and Judges that so an end might be put to it And in the mean time Ordered that till it were ended there should be no more Marriages in the Tower How this business ended I know not It began I am sure by Authority of his Majesty's Grant of the High Commission to question and punish all such Abuses Tam in loois Exemptis quam non Exemptis And his Majesty having Graciously taken this Care for the Indempnity of the Subject I troubled my self no more with it My aim being not to cut off any Priviledges of that Place but only to prevent the Abuses of that Lawless Custom And if cui bono be a considerable Circumstance as it uses to be in all such Businesses then it may be thought on too that this Gentleman the Lieutenant had a considerable share for his part out of the Fee for every Marriage Which I believe was as dear to him as the Priviledge The next Instance is broke out of the Tower and got as far as Oxford The Witness Alderman Nixon He says the Mayor and the Watch set by him were disturbed by the Proctors of the Vniversity and a Constable Imprisoned The Night-Walk and the keeping of the Watch is the ancient known and constant Priviledge of the University for some Hundred of Years and so the Watch set by the Town purposely to pick a quarrel was not according to Law He adds That when the Right Honourable the Earl of Barkshire would have referred the business to the King's Councel Learned I refused and said I would maintain it by my own Power as Chancellor If I did say this which I neither remember nor believe I might better refuse Lawyers not the Law but Lawyers than they a Sworn Judge of their own Nomination which they did The Case was briefly this There were some five or six Particulars which had for divers Years bred much trouble and disagreement between the Vniversity and the City of which to my best remembrance this about the Night-Watch and another about Felons Goods were two of the chief The Vniversity complained to me I was so far from going any by-way that I was resolved upon a Tryal at Westminster-Hall thinking as I after found that nothing but a Legal Tryal would set those two Bodies at quiet The Towns-Men liked not this Came some of the Chief of them to London Prevailed with their Honourable Steward my Lord the Earl of Barkshire to come to me to Lambeth and by his Lordship offer'd to have all ended without so great Charge at Law by Reference to any of the Judges I said I had no mind to wrong the Town or put them to Charge but thought they would fly off from all Awards and therefore stuck to have a Legal Tryal After this some of the chief Aldermen came to me with my Lord and offer'd me that if the Vniversity would do the like they would go down and bring it up under the Mayor and Aldermens Hands that they would stand to such end as Judge Jones who rode that Circuit should upon Hearing make They did so And brought the Paper so Subscribed and therefore I think Alderman Nixon's Hand is to it as well as the rest upon this I gave way the Vniversity accepted the Judge heard and setled And now when they saw my Troubles threatning me they brake all whistled up their Recorder to come and complain at the Council-Table his Majesty present And I remember well I told his Lordship then making the aforesaid Motion to refer to the