For confirmation of it I will anticipate how he was breath'd till he was almost out of breath with a violent but short Sickness upon the end of the first Term that he appeared in Chancery It was the Term of Michaelmas and in the November of it the Parliament sate again in which he attended in the Office of Speaker in the Lords House With these concur'd a spiny and difficult Treaty between our Merchants and the Agents of the United-Provinces for the most savage Insolencies committed at Amboyna a Treaty wherein he was the Chief Commissioner and the sharpest against those Thieves and Murderers Which Treaty took up three Afternoons constantly in every week while it continued to hear that Cause In the Court of Chancery beside the ordinary Work several Causes and of a reaching number were referred in the preceding Session of Parliament to the succeeding Lord Keeper to review the Orders of the Predecessor displaced Into this vast Sea of Business he launch'd forth all at once Hereupon my self and half an hundred more have seen his Industry that he was compel'd to sit by Candle-light in the Court two hours before day and there to remain till between eight and nine that the Prince being come to the Lords House sent for him to take his Place there to Propound and Report the Questions of that Honourable House till past twelve every day not seldom till past one After a short Repast at home he returned to hear the Causes in Chancery which he could not dispatch in the morning Or if he did attend at Council in Whitehall he came back toward evening and followed his Employment in Chancery till eight at night and later Then on the neck of this when he came home he perused such Papers as were brought to him by his Secretaries And after that though far in the night prepared himself for so much as concerned him to have in readiness for the Lords House in the morning In this overwhelming hurry of Troubles of such divers sorts and compositions what time come could he borrow for necessary Refreshment or the Repose of his wearied Body night or day And as the good King pick'd him out for this Task because He foresaw that none would outdo him in Diligence so He prefer'd him to be Great in Place because He knew he was great in Courage The Supporters on the Steps of Salomon's Throne were not Sheep but Lions The way to be Just is to be Inflexible the way to be Inflexible is to be Stout casting all thoughts of Fears and Favours under feet No man by natural complexion could be better engrained for it I will take it up from one that had no mind to say the best of him Mr. Art Wil. p. 196. He was of a comely and stately Presence and that animated with a great Mind made him appear very proud to the vulgar Eye Quaedam videntur non sunt So far was his Heart from Pride that he never thought himself the finer for the Trappings of Fortune Yet so far from baseness that he knew the Bench he sate upon and would not be made despicable in the Eyes of the World much less be brought about to serve great Men's turns and stretch the Causes of the Court according to the Contents of their Letters and Messages which were no better in a rude Phrase then to be a Pandar to their Lust to let them deflower Justice Therefore in the same Leaf says Ar. Wil. again The height of his Spirit made him odious to them that raised him happily because they could not attain to those Ends by him which they required of him The height of his Spirit made him speak freely and counsel faithfully and decree justly though that Lord to whom he had espoused his greatest Devotion were concerned in the Opposition Which was rectitude and magnitude of Mind as Tully in his Brutus makes Atticus decipher Caesar Splendidam miniméque veteratoriam dicendi rationem tenet voce motu formâ etiam magnifieâ generosâ quodammodò His Person his Gesture his Eloquence were magnificent and generous whose wont it was to reduce his chief Friends to Reason not craftily and timidly but with a noble and sublime Sincerity 65. Among the Qualities of a good Judge there is one remaining and fit to bring up the Rear which the King look'd upon as verily to be presaged in his new Officer an Hand clean from corruption and taking Gifts which blind the Eyes of the Wise and pervert the Words of the Righteous Deut. 16.19 'T was loudly exclaimed and the King was ashamed to have so far mistaken the Persons that there were sucking Horse-Leeches in great places Things not to be valued at Money were saleable and what could not Gold procure As Meander writes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is Friends and Judges and Witnesses you may have them for a Price nay such as sit in the place of God will serve you for such Wages The wise King having little prevailed by Monitions and Menaces against this fordid Filthiness cast his Liking upon a Man whom He might least suspect for Gripleness and Bribery The likeliest indeed of all others to shake this Viper from his hand and to be armed with a Breast-plate of Integrity against the Mammon of Iniquity for he was far more ready to give then to take to oblige then to be beholding Magis illud laborare ut illi quamplurimi debeant as Salust of Jugurtha He was well descended of a fortunate and ancient Lineage and had made his progress to Advancements by Steps of Credit a good Bridle against base Deviations What then made an an unsavoury Historian call him Country Pedant A Reproach with which H. L. doth flirt at him in his History of King Charles a scornful Untruth So I shake off this Bar and return to the Reverend Dean who was in a Function of Holy Calling next to God Among them I know all have not been incorrupt the Sons of Samuel turned aside after Lucre and took Bribes and perverted Judgment 1 Sam. 8.3 But commonly I trust they do not forget what a Scandal it is if God's Stewards turn the Devils Rent-Gatherers He was also unmarried and so unconcerned in the natural Impulsion of Avarice to provide for Wife and Children Our old moral Men touched often upon this String that Justice is a Virgin 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says Hesiod and therefore fit to be committed to the trust of a Virgin Magistrate He was never fullied with Suspicion that he loved Presents no not so much as Gratuidad di Guantes as the Spaniards Phrase is but to go higher they are living that know what Sums of Value have been brought to his Secretaries such as might have swayed a man that was not Impregnable and with how much Solicitousness they have been requested to throw them at his Feet for Favours already received which no man durst undertake as knowing assuredly it would displace the Broker and be his Ruine And
Xeno Ath. Resp 'T is pardonable for every man to help himself Nor was it an indirect way no not a jot for there was neither Perjury nor Contradiction found between the first and second Depositions of the Parties And what the Bishop did was by the advice of the best Counsel in England to draw up some few Interrogatories to be put to the four Witnesses only to interpret and not to vary from or to substract or contradict what they had deposed before For the words being ambiguous in themselves might be taken in one sense to Defame in another fence not at all to touch upon the credit of Pregion It was agreed that Pregion offer'd money to A. Tubb and Alice Smith to procure Eliz. Hodgson to lay the base Child upon another man this they had sworn this the Bishop never endeavoured to impeach But an interrogatory is drawn up and offer'd to them whether El. Hodgson was dealt with to lay it upon the right Father which was a just and lawful motion or upon some other whether he had been the Father or no. They both answer That Pregion sollicited her to lay it upon another that was the true Father And this variation is all the Offence that is none at all in that particular And in that right meaning Sir J. Wray Sir J. Bolls and Richardson the Clerk of the Peace did receive it in the Sessions This Practice so little as it is is the grand Objection all beside comes not to so much as a filip on the Forehead For instance one Ward swears that he heard a Servant of the Bishop C. Powel offer Alice Smith Monies to take an Oath of his framing but Alice swears directly it was not so Powel swears he offer'd and paid her Money to bear her Charges as a Witness which is fit and lawful Nec ist a benignitas adimenda est quae liberalitatem magis significat quà m largitionem Cic. pro Murenâ T. Lund takes his Oath That Pregion told him that he never had touch'd El Hodgson but twice Being demanded hereof more strictly in his examination in the Star-chamber he swears That Pregion did not say to him that he touch'd her carnally nor did he know what he meant by touching Is there either substraction or contradiction in this or any more than a plain interpretation Lastly Wetheral had deposed That he was entreated by Pregion not to be at the Sessions He stands to it but adds that he was not bound to be there nor summoned He had deposed That Pregion spake to him to swear to no more than the Court should ask him What harm was there in that Caution Being examined in Star-chamber he swears That Pregion tempted him to nothing by Bribes or Reward but that he told him if he were sworn to tell the whole Truth he would not conceal it Only one Witness George Walker layeth it on the Bishop how Powel and Richard Owen entreated him in the Bishop's Name to speak with Witheral upon these matters which though it include no ill yet Owen and Powel depose They were never employed by the Bishop to deal with G. Walker upon such an Errand So the Bishop is cleared in every Information by sufficient Oaths of such against whose Faith there was no exception How easie a Province had the Defendant's Counsel to crumble these Impeachments into Dust and to blow them into the Eyes of the Impeachers Verba innocenti reperire facilè est Curt. lib. 6. Yet the Oratory of the Court by pre-instructions did turn them into filthy Crimes As Irenaeus says in the beginning of his Work That out of the same Jewels which being handsomly put together make the Image of a Prince being taken asunder you may contrive them into the Shape of a Monster 119. Could it be expected that such Driblets or rather Phantoms of Under-dealing with Witnesses should hold the Court ten days hearing in the long Vacation after Trinity-Term What leisure was taken to bolt out to exaggerate to wrack to distort to make an Elephant of a Fly which I may justly pour forth in the words of Tully for his Client Quintius de fortunis omnibus deturbandus est Potentes diserti nobiles omnes advocandi Adhibenda vis est veritati minae intentantur pericula intenduntur formidines opponuntur But here were worse things which the Oratour had never cause to complain of under the Roman Laws All the Depositions of the main Witnesses for the Bishop were deleted not fairly by a Hearing in open Court where their Lordships might every one have consider'd of it but were spunged out by that Judge in his private Chamber who was the bane of the Cause from the beginning to the end and forsooth because they were impertinent Scandals against Kilvert and others that had deposed for the King Only the Bishop was allowed to put in a cross Bill when it was too late after he was first ruin'd in his Honour Fortunes and Liberty and then lest to seek a Remedy against a Companion not worth a Groat And who was ever used like this Defendant since the Star-chamber sate that when his Cause was so far proceeded as to be heard in three sittings that two new Affidavits should be brought in by Kilvert which struck to the very substance of the Cause to which no Answer could be given because they were new matters quite out of the Books obtruded long after publication yet from thenceforth produced every day which seduced divers of the noble Lords and no doubt many of the Hearers as though they had been Depositions in that Cause which were not so but Materials of another information and in their due time were fully cleared and disproved When was it known before that in every of the ten days that the Cause was in debate a Closet-meeting was held at Greenwich the Lords sent for to it one by one the Proofs there repeated to them and their Votes bespoken Which was no better than when Junius Marius in Tacitus bespake the Emperor Claudius to impart his private Commentaries unto him Per quos nosceret quisque quem accusandum poposcisset And between the full hearing and sentencing the Cause the Lords were well told a Passage That a noble Personage had offered Ten thousand pounds to compound for the Bishop's Peace which is true that the Duke of Richmond did it when he saw how the Game went in the Cabinet Which was the very reason that induced their Lordships to lay such an immense Fine upon a Fault conceiv'd that was never sentenc'd in any Kingdom or State before Yet all this did not suffice but in that morning of the day when the Cause was sentenc'd it was first debated in an inner Chamber so long till many hundreds waited for their coming forth till high noon wherein Agreement was concluded by all Parties before they sate There and then it was that the Archbishop press'd for the degradation of his Brother Bishop and his deportation God knows whither Now
Vows on them and their Posterity These were the Deans Instructions which the Lord Marquess received with as much Thankfulness as he could express and requited his Adviser with this Complement that he would use no other Counsellor hereafter to pluck him out of his plunges for he had delivered him from Fear and Folly and had Restor'd him both to a light Heart and a safe Conscience To the King they go together forthwith with these Notes of honest Settlement whom they found accompanied in his Chamber with the Prince and in serious Discourse together upon the same perplexities Buckingham craves leave That the Dean might be heard upon those particulars which he had brought in Writing which the King Mark'd with Patience and Pleasure And whatsoever seem'd contentious or doubtful to the King 's piercing Wit the Dean improved it to the greater liking by the Solidity of his Answers Whereupon the King resolv'd to keep close to every Syllable of those Directions Sir Edward Villiars was sent abroad and return'd not till September following Michel and Mompesson received their censure with a Salvo that Mompesson's Lady not guilty of his Crimes should be preserv'd in her Honour And before the Month of March expir'd Thirty seven Monopolies with other sharking Prouleries were decry'd in one Proclamation which return'd a Thousand praises and Ten Thousand good prayers upon the Sovereign Out of this Bud the Deans Advancement very shortly spread out into a blown Flower For the King upon this Tryal of his Wisdom either call'd him to him or call'd for his Judgment in Writing in all that he deliberated to Act or permit in this Session of Parliament in his most private and closest consultations The more he founded his Judgment the deeper it appear'd so that his Worth was Valued at no less than to be taken nearer to be a Counsellor upon all Occasions The Parliament wearied with long sittings and great pains was content against the Feast of Easter to take Relaxation and was Prorogued from the 27 of March to the 18 of April The Marquess had an Eye in it upon the Lord Chancellor to try if time would mitigate the displeasure which in both Houses was strong against him But the leisure of three Weeks multiplied a pile of New Suggestions against him and nothing was presaged more certain than his downfal which came to Ripeness on the third of May. On that day the Patent of his Office with the Great Seal was taken from him which Seal was deliver'd to Four Commissioners the Lord Treasurer Mountagu Duke of Lenox Lord Steward of the King's Houshold William Earl of Pembroke Lord Chamberlain to the King and Thomas Earl of Arundel and Surry with whom it rested till the 10th of July following In the mean time Sir James Leigh Lord Chief Justice of the King's-Bench was Commissioned to be Speaker in the Upper House and Sir Julius Caesar Master of the Rolls was Authorized with certain Judges in equal power with him to hear dispatch and decree all Causes in the Court of Chancery 62 The Competitors for the Office of the Great Seal were many Sir James Leigh before mention'd a Widower and upon Marriage with a Lady of the Buckingham Family Sir Henry Hobart Lord Chief Justice of the Common Pleas Chancellor to the Prince a Step to the Higher Chancellorship and as fit as any man for his Learning and Integrity which of these it was uncertain but one of these was expected And verily a fitter Choice could not be made than out of the pre-eminent Professors of the Common Laws but that all Kings affect to do somewhat which is extraordinary to shew the liberty of their power The Earl of Arundel was thought upon a Master of Reason and of a great Fortune For it was remembred upon the Death of Lord Chancellor Bromly anno 1587 That Queen Elizabeth designed a Peer of the Realm for his Successor Edward Earl of Rutland whose Merit for such a place is favour'd by Mr. Cambden because he was Juris scientiâ omni politiori literaturâ ornatissimus and if his Death much bewailed had not prevented the Great Seal had been born before him But the likeliest to get up and I may say he had his Foot in the Stirrup was Sir Lionel Cranfield Married in the kindred that brought Dignity to their Husbands a man of no vulgar head-piece yet scarce sprinkled with the Latin Tongue He was then Master of the Court of Wards and did speak to the Causes that were brought before him quaintly and evenly There seemed to be no Let to put him in Possession of the great vacant Office but that the Lord Marquess set on by the King was upon enquiry how profitable in a just way it might be to the Dignitary and whether certain Branches of Emolument were natural to it which by the endeavour of no small ones were near to Lopping Sir Lionel besought the Marquess to be sudden and to Advise upon those things with the Dean of Westminster a found man and a ready who did not wont to clap the Shackles of delay upon a business He being spoken to to draw up in Writing what he thought of those Cases return'd an Answer speedily on the Tenth of May with the best advantage he could foresee to the promotion of the Master of the Wards Yet it fell out cross unto him that the Dean woing for another utterly beyond expectation sped for himself The Paper which he sent to the Marquess hath his own Words as they follow My most Noble Lord ALthó the more I Examine my self the more unable I am made to my own Judgment to wade through any part of that great Employment which your Honour vouchsafed to confer with me about yet because I was bred under the place and that I am credibly inform'd my True and Noble Friend the Master of the Wards is willing to accept it and if it be so I hope your Lordship will incline that way I do crave leave to acquaint your Honour by way of prevention with secret underminings which will utterly overthrow all that Office and make it beggerly and contemptible The lawful Revenue of that Office stands thus or not much above at any time In Fines certain 1300 l. per annum or thereabout In Fines Casual 1250 l. or thereabout In greater Writs 140 l. for impost of Wine 100 l. in all 2790. and these are all the true means of that great Office Now I am credibly inform'd that the Lord Treasurer begins to Entitle the King to to the casual Fines and the greater Writs which is a full Moiety of the profits of the place not so much to Enrich the King as to draw Grist to his own Mill and to wind from the Chancellor the donation of the Cursitors places The preventing the Lord Treasurers in these Cases made Queen Elizabeth ever Resolve suddenly upon the disposing of the Great Seal Likewise they are very busie in the House of Commons and I saw a Bill which
Cook in his Jurisdiction of Courts looks no higher than 28. of Edw. 3. This Lord Keeper cites a Precedent out of his own Search of Records of a Baron Fin'd and Imprison'd by it in the 16th of Edw. 2. as it is quoted Cabal P. 58. Of what standing it was before for the Evidence doth not run as if then it were newly born to me is uncertain For the Dignity that famous Judge I mentioned lifts up his Style that it is the most honourable Court our Parliament excepted that is in the Christian World Jurisdic P. 65. The Citations of it are to cause to appear Coram Rege Concilio for the King in Judgment of Law is always in the Court when it fits and King James did twice in Person give Sentence in it The Lords and others of the Privy Council with the two Chief Justices or two other Justices or Barons of the Exchequer in their Absence are standing Judges of that Court. For in Matters of Right and Law some of the Judges are always presum'd to be of the King's Counsel The other Lords of Parliament who are properly De magno Concilio Regis are only in Proximâ poteentiâ of this Council and are actually Assessors when they are specially called These Grandees of the Realm who cannot fit to hear a Cause under the Number of Eight at the least ennoble this Court with their Presence and Wisdom to the Admiration of Foreign Nations and to the great Satisfaction of our selves for none can think himself too great to be Try'd for his Misdemeanors before a Convention of such Illustrious Senators And as Livy says Nihil tam aequandae libertati prodest quà m potentissimum quemque posse causam dicere As touching the Benefit that the Star-Chamber did bring thus that Atlas of the Law the Lord Cook Et cujus pars magna fuit says in the same Place That the right Institution and ancient Orders thereof being observed it keepeth all England in Quiet Which he maintains by two Reasons First Seeing the Proceeding according to the Laws and Customs of this Realm cannot by one Rule of Law suffice to punish in every Case the Enormity of some great and horrible Crimes this Court dealeth with them to the end the Medicine may be according to the Disease and the Punishment according to the Offence Secondly To curb Oppression and Exorbitancies of great Men whom inferior Judges and Jurors though they should not would in respect of their Greatness be afraid to offend Indeed in every Society of Men there will be some Bashawes who presume that there are many Rules of Law from which they should be exempted Aristotle writes it as it were by Feeling not by Guess Polit. 4. c. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They that were at the Top among the Greeks nor would be rul'd nor would be taught to be rul'd Therefore this Court profest the right Art of Justice to teach the Greatest as well as the Meanest the due Construction of Good Behaviour I may justly say that it was a Sea most proper for Whale-Fishing little Busses might cast out Nets for Smelts and Herring So says the great Lawyer Ordinary Offences which may sufficiently be punished by the Proceeding of the Common Laws this Court leaveth to the ordinary Courts of Justice Ne dignitas hujus Curiae vilesceret 96. Accordingly the Lord Keeper Williams having Ascended by his Office to be the first Star in the Constellation to illuminate that Court he was very Nice I might say prudent to measure the Size of Complaints that were preferred to it whether they were knots fit for such Axes A number of contentious Squabbles he made the Attorney's Pocket up again which might better be compounded at home by Country Justices It was not meet that the Flower of the Nobility should be call'd together to determine upon Trifles Such long Wing'd Hawks were not to be cast off to fly after Field-Fares The Causes which he designed to hear were Grave and Weighty wherein it concern'd some to be made Examples for Grievous Defamations Perjuries Riots Extortions and the like Upon which Occasions his Speeches were much heeded and taken by divers in Ciphers which are extent to this day in their Paper Cabinets To which I Appeal that they were neither long nor Virulent For though he had Scope on those Ocasions to give his Auditors more then a Tast of his Eloquence which was clear sententious fraught with Sacred and Moral Allusions yet he detested nothing more then to insult upon the Offendor with girds of Wit He foresaw that Insolencies and Oppressions are publick provocations to bury a Court in it's own Shame And what could exasperate more then when an unfortunate man hath run into a Fault to shew him no humane Respect Nay to make him pass through the two malignant Signs of the Zodiaque Sagitary and Scorpio That is to wound him first with Arrows of sharp-pointed Words and then to Sting him with a Scorpiack censure Indeed if there be an extreme in shewing too much mercy I cannot Absolve the Lord Keeper For many I confess censur'd him for want of deeper censures said he was a Friend to Publicans and Sinners to all delinquents and rather their Patron then their Judge 〈◊〉 was so oftentimes when he scented Malice in the Prosecution It was so sometimes when he laid his Finger upon the Pulse of humane Frailty Brethren if a Man be overtaken in a Fault we which are Spiritual Restore such a one in the Spirit of meekness considering thy self least thou also be Tempted Galat. 6.1 Pliny the younger had been faulted that he had excus'd some more then they deserv'd Whereupon he Writes to Septitius lib. 7. Ep. Quid mihi invident felicissimum Errorem Ut enim non sint tales quales à me praedicantur ego tamen Beatus quod mihi videntur Which is to this meaning Why do you grudg me this Error they are not so good as I accounted them but I am happy in my Candor that I account them better then they are But first he never condemn'd an Offender to be Branded to be Scourg'd to have his Ears cut Though that Court hath proceeded to such censure in time old enough to make Prescription yet my Lörd Cook adviseth it should be done sparingly upon this Reason Quod Arbitrio judicis relinquitur non facile trahit ad effusionem Sanguinis They that judge by the light of Arbitrary Wisdom should seldom give their sentence to spill Blood He would never do it and declin'd it with this plausible avoidance as the Arch-Bishop Whitgift and Bancroft and the Bishop of Winton the Learned Andrews had done before him that the Canons of Councils had forbidden Bishops to Act any thing to the drawing of blood in a judicial Form Once I call to mind he dispens'd with himself and the manner was pretty One Floud a Railing Libelling Varlet bred in the Seminaries beyond Seas had vented Contumelies bitterer then Gall against many
of great Tentation Tuta me mediâ vehat vita decurrens viâ Sence in Ad. 118. I have touch'd upon the very Thread where the Lord Marquesâ—s Friendship began to unravel I have shewn how blameless the Lord Keeper was and that the Offence on his Part was undeclinable Yet I will not smother with partiality what I have heard the Countess Mother say upon it That the Lord Keeper had great Cause sometimes to recede from those Courses which her Son propounded that she never heard him different but that his Counsels were wise and well-grounded ever tending to the Marquess's Honour Safety and Prosperity but that he stirr'd her Son to Offence with Reprehensions that were too bold and vehement I heed this the more because it was usual with the Lord Keeper to be very angry with his best Friends when they would not hearken to their own Good Pardon him that Fault and it will be hard to find another in him as Onuphrius says of P. Pius the Fifth for his Cholerick Moods Hoc uno excepto vitio non erat in illo quod quisquam possit reprehendere And if the Testimony of that Lady be true it is but one and a most domestick Witness I do not shuffle it over as if his Meanor to the Lord Marquess were not a little culpable It was not enough to have Justice of his Side without Discretion Good Counsel is Friendly but it must be mannerly St. Châ—ysostom though a Free and a very hot man himself preach'd thus at Antioch Hom. 27. That some Inflammation will not be touch'd no not with a soft Finger 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Words as soft as Lint must be us'd to some Ears who disdain to be dealt withal as Equals Let me joyn Ric. Victor to him enforcing the like from David's Playing on the Harp when Saul was moved When stubborn Opposition will vex some great Men into Fury Dignum est ut elocutionis nostrae tranquilitate quasi citharae dulcedine ad salutem revocentur Use them tenderly and play as it were a Lesson upon the Harp to flatter them into Attention and Tranquility This is enough to reprehend a few stout Words but the Lord Keeper for all the Frown of the Lord Marquess staid upon him carry'd as true a Heart toward him and all his Allies as exuberant in Gratitude as ever liv'd in Fâ—esh He never wrote to him no not when he was quite forsaken but he refresh'd the Benefits he had receiv'd from him in his Memory He never commanded him but he obeyed in all which was to be justified No Danger impending over his Lordship but he was ready to run an honest Hazard with him even to the laying down of his Life In his Absence when a Friend is best tried when his Lordship was in Spain far from the King and giving no little Distast there by his Bearing then he smooth'd his Errors to his Majesty and kept him from Precipitation knowing that he had threatned to bring about his own Ruine Yet in strict Justice a Founder loseth his Right of Interest that would destroy or debauch his Foundation As Amber and Pearl are turned to mean Druggs and Dust when the Chymists hath drawn their Elixir out of them At this stop I can resolve one Question which many have ask'd me whence the Occasion sprung which transformed Bishop Laud from a Person so much obliged Eighteen Months before to the Lord Keeper to the sharpest Enemy As soon as ever the Bishop saw his Advancer was under the Anger of the Lord Marquess he would never acknowledge him more but shunn'd him as the old Romans in their Superstition walk'd a loof from that Soil which was blasted with Thunder It was an Opportunity snatch'd to pluck him back that was got so far before him Hold him down that he might not rise and then he promised himself the best Preeminence in the Church for he saw no other Rival As Velleius says of Pompey That he was very quiet till he suspected some Senator that thrust up to be his Equal Civis in tagá nisi ubi ' vereretur ne quem haberet parem modestissimus But will a good Christian say did so much Hatred grow up from no other Seed From no other that ever appear'd and look upon the World and marvel not at it for it is frequently seen that those Enemies which are most causless are most implacable which our Divines draw out of this that no Reason is express'd by Moses why the Devil tempted our first Parents and sought their Fall The like was noted by the gravest Counsellor of our Kingdom the Lord Burleigh who condoled when he heard the Condemnation of Sir John Perrot with these Words Odium quo injustius eò acrius Ill Will is most vehement when it is most unjust Cambden Eliz. An. 1592. But when himself was not harm'd a jot would he be so unkind to his Benefactor Phoed. Act. 1. Se. 3. What says a long Tongu'd Fellow In Plautus mortuus est qui suit qui vivus est He that was was lost He dreamt his Benefactor was defunct there was Life in my Lord of Buckingham and it was good Cunning to jog along with his Motions I am confident to give this Satisfaction to the Question above For the Lord Keeper did often protest upon his Hope in Christ that he knew no other Reason of their Parting Reader say nothing to it but hear what Solomon says Proverbs 18. ver â— according to the Septuagint and the Vulgar Latin 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Occasiones querit qui vult recedere ab amico omni tempore erit exprobrabilis 119. These Enmies were blowing at the Forge three years well nigh before the Ingeneers could frame a Bar to lift him off the Hinges of his Dignity for he was fast lock'd and bolted into the Royal Favour He bore up with that Authority that he could not be check'd with Violence and Occasions grew fast upon his Majesty to use his Sufficiency and Fidelity For though he was a King of profound Art yet he was not so fortunate in that Advice which he took to send his dear Son the Prince with the Lord Marquess into Spain Feb. 17 1022. So soon as those Travellers had left the King with his little Court at New-Market the King found himself at more Leisure and Freedom in the Absence of the Lord Marquess to study the Calling of a Comfortable and Concordious Parliament wherein the Subject might reap Justice and the Crown Honour And Occasion concluded for it that since the Prince like a Resolute and Noble Wooer had trusted himself to the King of Spain's Faith in the Court of Madrid whether his Adventure sped or not sped he must be welcomed Home with a Parliament The King prepared for the Conception of that Publick Meeting that it might fall to its proper Work without Diversions He conceiv'd there was no Error more fatal to good Dispatch than that some Members took
dare Swear it was he that bolted the Flower and made it up into this Paist Sir says the Prince I was precluded by my Promise not to Reveal him but I never promis'd to tell a Lye for him Your Majesty hath hit the Man And God do him good for it says the King I need not tell you both what you owe him for this Service and he hath done himself this Right with me that I discern his sufficiency more and more All this the Prince Related at his next Meeting to the Lord Keeper This passage so memorable hath pluck'd on a Prolix Narration for divers Reasons It was a secret manag'd between few persons though the greatest and likely to be buried for ever unless it rise from the Dust where it was smother'd upon this occasion It will expound to inquisitive Men why after this time the old King never retrieved the Spanish Match as if suddenly it were sunk and set beneath the Horizon of his Thoughts it demonstrates why in a year after being the First of King Charles there was such Willingness in the young King and such Readiness in the Duke to Rigg a great Navy and to send it with Defiance of Hostility to Cales for though the Grandee Inoiosa received a sharp Rebuke here to vex his Gorge and suddenly pack'd up his portable Gods and went to his own Country in a Fume yet he received no Disfavour or Frown upon it from the Court of Spain Nihil nefas est malitiae It tells you what a Stone of Offence was laid before the King able to make him to Dissolve the Parliament just upon the Expectation of a happy Winding up if the Lord Keeper had not removed the Jealousie away which is one of the best Offices of a Christian for it is God's own Attribute in the Prophets to be a Repairer of Breaches Lastly His Wit was in Conjunction with the Safety of his great Friend the Duke Et vincente Odenato triumphavit Gallienus says Pollio The Keeper had Content enough that the Duke triumphed over those Foes whom he had vanquished for him 206. Soon as those Hobgoblins which haunted the King to fright him were frighted away themselves and the Magicians which conjured them up were rendered odious his Majesty was never in a better Mood to please his Subjects and the Subjects in Parliament never from that day to this in so dutiful a Frame to please their Soveraign Fatebimur regem talibus ministris illos tanto rege fuisse dignissimos Curt. l. 4. As Alexander deserved such brave Commanders under him so they deserved to be commanded by so brave a Prince as Alexander Their long Counsels which had been weather bound came to a quiet Road and their Vessel was lighted of those Statutes which are of immortal Memory The wise Men of those times ask'd for good Laws with Moderation for Moderation had not yet out-liv'd the Peoples Palate and they were brought forth with Joy and Gladness And that which was gotten with Peace and Joy will out-last that were it ten times more which is extorted in a Hurly-burly There were no Rents no Divisions among the Members much less did the Stronger Part spurn out the Weaker The Voices went all one way as a Field of Wheat is bended that 's blown with a gentle Gale One and all And God did not let a general Concurrence pass without a general Blessing Sic viritim laboraverunt quasi summa res singulorum manibus teneretur Nazar Paneg. The Laws devised were confirmed in Clusters by the Royal Authority And though one of them about the strict Keeping of the Sabbath was then stop'd the Name of Sabbath being unsatisfactory to the King's Mind yet Amends were made that the Kingdom had a Sabbath granted it from many Suits and Unquietnesses That which Crowned all was the Pardon the most general that ever was granted which was the sooner got because the Pillars of the Common-wealth had discharged their publick Trust without Offence The next Session of this Parliament was appointed in April following and this Session shut up with the End of June The Lord Keeper was not a little joy'd with the sweet Close of it for which he had gained a noble Report Praeter laudem nullius avarus Horat. Ar. Poet. And after three years Experience having now spent so much time in the High Court of Chancery his Sufficiency was not only competent but as great as might be required in a compleat Judge He was one of them in whom Knowledge grew faster upon him than his Years As Tully praised Octavius Cesar Ex quo judicari potest virtutis esse quà m aetatis cursum celeriorem Philip 8. In eminent Persons Virtue runs on swifter than Age. And it is a Slander whereof late Writers are very rank in all Kinds which one hath publish'd that this Man's Successor the Lord Coventry reversed many of his Decrees and corrected his Errors I do not blame Lawyers if they would have us believe that none is fit for the Office of Chancellor but one of their own Profession But let them plead their own Learning and able Parts without traducing the Gifts of them that are excellently seen in Theological Cases of Conscience and singularly rare in natural Solertiousness Lord Coventry was a renowned Magistrate and his Honour was the Honour of the Times wherein he liv'd the vast Compass of that Knowledge wherein he was always bred and his strong Judgment in searching into those Causes did transcend his Predecessor yet not to obscure him as if he were wanting in that which was required to his Place A good Carpenter knows how to frame a House as well as the Geometer that surveyed the Escurial Let me quote a couple of Witnesses what they asserted herein and they are rightly produced as God the great Witness of all things knows The Duke of Buckingham in the beginning of the next Term at Michaelmas perswaded the Lord Chief Justice Hobart either to deliver it to the King with his own Mouth or to set it under his Hand that Lord Williams was not sit for the Keeper's Place because of his Inabilities and Ignorance and that he would undertake thereupon to cast the Complained out and himself should succeed him My Lord says Reverend Hobart somewhat might have been said at the first but he should do the Lord Keeper great Wrong that said so now After this Grave and Learned Lord I bring forth Mr. G Evelin one of the Six Clerks and in his time the best Head-piece of the Office who delighted to divulge it as many yet living know that Lord Keeper Williams had the most towring sublime Wit that he ever heard speak magnified his Decrees as hitting the White in all Causes and never missing That Lord Coventry did seldom after any thing he had setled before him but upon new Presumptions and spake of him always in Court with due Praise and Justification of his Transactions He that hath insinuated the contrary aiming to
Memory of our Saviours Birth I conceive the like for Geneva For when Calvin had retir'd to Basil some mutation about Holy Feasts was made in Geneva Upon his Return thither again Hallerius both in his own and in Musculus his Name complains that the Celebration of that Memorable Feast was Neglected Calvin Returns him Answer the Epistle is extant dat anno 1551. Jan. Sancte testari possum me inscio ac ne optante quidem hanc rem â—uisse transactam Ex quo sum revocatus hoc temperamentum quaesivi ut Christi Natalis celebraretur vestro more But will you have the Judgment of Protest out Divines when they were in a Globe and Collection together from all Quarters At the Synod of Dort convened about six years past all the Divines with the Assessors from the States intermitted their Sessions against the Feast of Christ's Nativity with 〈◊〉 Suffrages and the Reason is given in plain Words Sessio 36. Decem. 1â— Quia to tempore Festum Natalis D. N. Jesu Christi instabat propter cujus celebrationem c. It will be the harder for those of the Religion in France to Answer for this Omission Yet Judg more Charitably then to think they do it only out of Crossness to disconform to your Practise He that runs backward further then he need from his Adversary plays his Prize like a Coward And I use to say it often that there ought to be no secret Antipathies in Divinity or in Churches for which no Reason can be given But let every House sweep the Dust from their own Door We have done our endeavour God be Praised in England to Model a Churchway which is not afraid to be search'd into by the sharpest Criticks for Purity and Antiquity But as Pacat. said in his Paneg in another Case Parum est quando caeperit terminum non habebit Yet I am confident it began when Christ taught upon Earth and I hope it shall last till he comes again I will put my Attestation thus far to your Confidence says the Abbat that I think you are not far from the Kingdom of Heaven So with mutual Smiles and Embraces they parted 219. Paulo Majora The next was the greater grapple upon Terms Political and Scholastical between the Lord Keeper and Mounsieur Villoclare who is mention'd before The King was now at White-Hall and the French Agents plied it to concord Conditions for the Royal Marriage And who so busie to trouble the Scene with a new part not concern'd in the Plot of the Comedy as our Nimble-headed Recusants The Secretary Villoclare was accounted and not mistaken to be a servent Zealot in his own Religion which our English had learnt by resorting daily to Mass in the Embassadors House These found Access unto him and sighed out their Grievances before him that their Priests who adventur'd to come to them for their Souls Health were Executed for Traytors and themselves were set such Fines for their Conscience that they were utterly impoverish'd How happy should that Honourable Person be that would skreen them from the scorching of this Persecution That his Lordship had Opportunity for his Power and his Piety could not want will to enter into a Motion for a relaxation of their Miseries among such Articles as were to be Granted for the Honour and Happiness of the approaching Nuptials The Secretary heard them and condoled with them promis'd his Pains and to be an earnest Proctor in their Cause holding it most meritorious to go or run on such an Errand And he sell to his work in good earnest and ask'd such large concessions for his Clients or rather challeng'd such Grace with horrid Liberty then Petition'd for it that the King was observ'd to begin to be cooler in the Treaty for the Marriage then he had been The Lords that plied it beyond the Seas at the Lâ—â—r had not discouraged the Embassadors before they set forward but rather pleased them with hopes of English Courtesies and condescentions And I fear they were perswaded into too much confidence for I have heard it often from the Followers of the Earl of Carlile that after Articles had been drawn and Engross'd some things were Erazed some things Interlaced which never had his Lordships Approbation Our Courtiers at White-Hall through whose Counsels and Resolves the Grants of Monsieur Villoclare were to pass though directly they did dot yield to him yet his driving was so furious that they declin'd to deny him and shift for themselves that the first Storm of his Passion might not fall upon them Therefore they told him they could not assure him he had prevail'd till he had spoke with the Lord Keeper whose Duty it was to Examine such things upon his Peril what were sit or not sit for the King's Conscience Honour and Safety before the Great Seal were put to The Keeper heard of all this and sent to the Duke as he had wrote to him before Cab. p. 95. I shall be in a pitiful perplexity if his Majesty shall turn the Embassadors upon me altogether unprovided how to Answer But he cast it up into this short Sum that the disappointment of this Vexatious Solicitor so far engag'd must light upon himself and the displeasure of all the French that wish'd it good speed He was not to learn that a Magistrate in his Place must have a strong back to bear the Burthen of Envy So he Collected his thoughts into rational preparations and was provided for a Bickering which began on the Eighth of January and held long And it must be warned that the Report of it which follows extends the length above that which past between them on that occasion The Secretary Villâ—are after he had parted from the Lord Keeper and brought his business to a justifiable Maturity through the direction of some of our best Lawyers as the way was chalked to to him had Audience with the King and Entreated with his Majesty upon Terms of greater moderation then formerly he had done which he confest was brought about from a Conference with the Lord Keeper And told his Majesty That Counsellor had given him small content in a long Argument vext between them for he had Preach'd to him till he was weary to hear his Divinity tho' it was Learned and of more Acuteness then he expected in that Cause but unsatisfactory to Catholicks as could be fram'd Yet he made him amends with such Counsel in the end that now he knew upon what Ground he stood what Laws and Statutes were in force against that model of Mercy which he had urg'd and how the Clemency and Power of his Majesty was retrench'd by them Therefore as he hoped to find his Majesty Sweet and Gracious so his Majesty should find him tractable that the Thrice Noble and Primary design about which he came might not hover any longer in suspence Blessed be the Reduction of things to this good pass said the King And that Aequanimity might not slip the Knot his
man Whereupon Secretary Windebank commands the Clerk of the Court by a Letter under the Signet to stay the Commission so order'd and to appoint another Examiner whom Kilvert did nominate Thirdly The same Secretary directed one Peachy a Messenger of the Chamber start not at it Reader for 't is true to attend Kilvert in his Coat of Arms all along with the Commission to apprehend and close imprison such as Kilvert should appoint pretending Matters of State and of deep consequence against them And Peachy did apprehend and close imprison in the face of the Commission Philip Pregion George Walker and Thomas Lund Witnesses for the Bishop and chased away most of the rest that durst not be seen for fear Those three Prisoners were brought to London to the Secretary who told them he had nothing against them but bade them give Satisfaction to Kilvert who could get no Liberty by his Masterships Leave till they had confessed Crimes against the Bishop and themselves which afterward they revok'd upon Oath Nor would he permit George Walker's Wife to see her Husband close kept by the Messenger but for a base Courtesie not to be named Is not the Wand of Mercury like to charm Witnesses to say and swear what they would have them when such Snakes as Kilvert and Peachy are twined about it If all this be not true though incomparably vile Aut Thetidi aut Veneris largire marito either wash the Book away or throw it into the Fire I meet with a mighty Concussion of Justice in Sidon Apol. lib. 5. c. 7. yet nothing so bad as this yet take it because it is the nearest to it upon Record Deputant arbitros judicanda dictant dictata convellunt attrahunt litigaturos protrahunt audiendos The French Mercury hath related strange Presidents from the Parliament of Grenoble let him match this if he can But the Bishop coming home from his Progress with Kilvert and the Examiner having sped his Commission in all haste Publication must be granted and the Bishop is served for a Hearing so he came prepared with excellent Counsel to defend a Cause which he feared the more because neither he nor his Counsel could see in a matter so violently pursued any thing to be feared But the King's Counsel having perused the Books spied more than Kilvert could see and found that the imaginary false News and blazing the King's Counsels were the damnable Invention and Conspiracy of Lamb Sibthorp Allâ—n and Burden Much was urged to expunge all on the Bishop's part that laid a Combination of Villany to their charge because it did impeach the Credit of the King's Witnesses The L. F. prest it over and over which was but once and that fairly and modestly offer'd by the King's Counsel After a long Argument of five hours at the least the Court did all vote except the Archbishop and the L. F. that the Defence should remain undispunged for else an unavoidable Mischief would follow to all the King's Subjects that being accused by two desperate Witnesses they were remediless in that high Court if they may not be called in question by the Defendant for their Acts and Honesties The L. Coventry having gathered the Votes of the Court and being ready to pronounce the Order so much conducing to the good of all men the L. Finch desired their Lordships to take notice that his Opinion continued contrary to them all Quibusdam evenit ut quaedam scire se nesciant Sen. Ep. 7. Nay such Spleen was conceived at this just Order that though the L. Keeper had pronounced it the Register had drawn it up a Copy of it given to the Defendant yet so precious a Rule for the common Safety of all honest men durst never be enter'd into the Book to this day Yet this Order though smother'd and buried made an end of this first Cause for the Combination of the four Contrivers was not held meet to come abroad into pleading who would have fallen to pieces with a little shaking that thought to lay the dead Child in the Bishop's Bosom while he slept but their Patron had a care to keep them from Scandal and that they knew As Hegesippus says of Mariamne the Wife of Herod the Great Secura quod nihil ab eo exitii perpeti possit qui supra modum dilexit So these were the bolder to come off untouch'd under the shelter of that Favour that did never forsake them 116. Of a sudden by the perswasion of some noble Lords the King began to grow milder to the Bishop Et reserata viget vegetabilis aura Favoni Lucret. His Majesty hearkened to some Conditions to have all Bills against the Bishop cast out and to let him purchase his Peace with his Purse Some would disswade Lincoln from it because to buy a Pardon was to confess a Guiltiness A Nicety says Xenophon that cost Socrates his Life Apol. pro. Socr. who would pay no Fine to the Court of Athens nor suffer any to be paid in his Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He said To be acquit with a Ransom was to confess a Crime The like was told me by the Lady Eliz. Hotton That the Lord Cook was offered his Place in the Kings-bench from which he had been removed if he would bind himself in again with a Golden Chain But he stood upon a Rule made by his own Wisdom That a Judge must not take a Bribe nor pay a Bribe Our Bishop's Resolution stuck not in those Briers who saw that this Offer proceeded out of the streights of his Occasions Though no Evil were found in him yet if the King's Power contest who can stand upright And if Malice will take no satisfaction but Ruin the most innocent must fall The L. Keeper a good man was over-balanc'd the Star-chamber was become like the Tribunal of L. Cassius Scopulus reorum Tacit. Annal. l. 13. a Rock that split all Causes that lately came into it in pieces The Archbishop thought not himself absolute till this man was unprelated and cared not what he cast at him so he might hit him home As Grotius accuseth the Spaniards that they are so set upon Revenge Ut in hostem nihil turpe sit nihil illicitum An. Belg. p. 5. He feared the L. F. as much as any who in his private Chambers slasht and cut out from his Defences that which was most material to his Safety Et stylus non minùs agit cum delet says Quintilian He that puts out the Marrow of Defence is worse than he that puts in the Venom of an Accusation The Secretary was prepared for any Execution yet the Bishop gives him this Praise in his Notes That he was a modest and a virtuous Gentleman but in this Cause set on by his Maker Therefore the Bishop is content to satisfie the King's Demands that is to pitch and pay The first Condition brought to him by the L. Cottington was to part with 4000 l. with his Deanry and two inconsiderable
would witness against me for my Council-Table Opinion I would say to him as Gallus did to Tyberius Caesar Good Sir speak you first for I may mistake and you may witness against me for it in the next Parliament Some did make Laws with Ropes about their Necks What Must men give their Counsel as it were with Ropes about their Necks Solomon says When thou comest to a rich man's table put a knife to thy Throat But what 's here When we give Judgment as we are able among the Lords of the Council must we put an Ax to our Necks Beware of such Traps pittying the case of human Weakness 145. The fourth Question is thus comprized Whether some Members of the House of Commons may be present at the Examination Judicially they cannot the Judicature is in your Lordships but whether organically and ministerially is the Scruple to be satisfied I will be brief in my Conceptions what is against the claim of the House of Commons and what is for them This is not for them That 50 Edw. 3. one Love was a Witness in Lord John Nevile's Case Love denied what he had confest before two Knights Members of the Lower House The House of Commons send them to the Lords to confront Love which they did and Love was thereupon committed Now their being here was only to confront not to assist the Lords either judicially or ministerially Many things make for them why they may be there ministerially at least First Originally both Houses were together and so the Commons heard all Examinations Considerent inter se Modus ten Pl. and sate so till Anno 6 Edw. 3. by Mr. Elsing's Collections which are not over-authentick Secondly After that time they have all the House of Commons been present when Witnesses were sworn here Anno 5 Hen. IV. Rot. 11. swears his Fealty before the Lords and Commons and two or three days after by the same Oath and before the same persons clears the Archbishop of Canterbury and the Duke of York from a Suspicion of Treason laid to their charge The Commons were by and heard all this The third Reason is Mr. Attorny-General if this Lord were arraigned of Treason as I pray God bless him from deserving it would be by and observe his Defence and such Witnesses as he should produce for himself and would no doubt bring Counter proofs Sur le Champ and upon the sudden against the same if he were able The House of Commons is in this case the King's Attorny who make and maintain the charge So far out of brief Notes for take them to be no other you have a strong Judgment pass'd upon four Questions Says Tully in his Brutus of Caesar's Eloquence Tabulam benè pictam collocat in bono lumine He draws his Picture well and hangs it out to be well seen So here 's a Piece well drawn and placed in the light of Perspicuity His next Argument is very long but of that use to the Reader that he shall not sind so much Learning in any Author on that Theme that I know a Scholar would not want it They that fostered deadly Enmities against E. Strafford laboured to remove the Bishops from the hearing of his Cause This Bishop and his Brethren minding to him all the Pity and Help they could shew him the Opposites began to vote them out of Doors and would not admit them in the Right of Peers in this Cause because it was upon Life and Blood Lincoln maintains that the Lords did them Injury and that Bishops in England may and ought to vote in causâ sanguinis That they were never inhibited by the Law of this Land never by the Peers of the Land before this time That their voluntary forbearance in some Centuries of the Ages before proceeded from their Fears of the Canons of the Court of Rome and by the special Leave of the King and both Houses who were graciously pleased to allow of their Protestations for their Indemnity as Church-men when the King and Parliament might have rejected their Protestations if they had pleas'd And much he insisted upon it that the opponent Lords grounded their Judgment upon the corrupt Canons of the Church of Rome Indeed I find in my own Papers that the Monks of Canterbury complain'd against Hubert their Archbishop to the Pope for sitting upon Tryals of Life and Blood They could not complain that he went against the Laws and Customs of England but their Appeal was to the Pope's Justice and it was more tolerable for Monks to rake in the Rubbish of the Roman Courts than for English Barons And say in sooth must not Divines of the Reformed Church meddle in Cause of Blood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Amph. Would they be laugh'd at for this Hypocrisie or abhorr'd For who more forward to thrust into the Troops of the late War than the Ministers whom they countenanc'd Have I not seen them prance about the Streets in London with Pistols in their Holsters and Swords by their sides And so for Edg-hill and Newberry c. Could they rush into so many Fights and be clear from cause of Blood Nay the Pontisical part make but a Mockery of this Canon for anno 1633 a Book was printed in Paris sill'd with a Catalogue of Cardinals Bishops and Priests who had been brave Warriours most of them Leaders in the Field the Author a Sycophant aimed to please Cardinal Richlieu and a Fig for the Canons Reason Canons Parliamentary Privileges nay Religion are to corrupt men as they like them for their own ends Now hear how this Bishop did wage his Arguments for the affirmative 146. It is to be held for a good Cause against which nothing of moment can be alledg'd such is this concerning the Right of Bishops to vote in causâ sanguinis First It is not prohibitum quia malum not any way evil in it self no more than it is an evil thing in it self to do Justice Secondly It was in use from the Law of Nature when the eldest of the Family was King Priest and Prophet Thirdly It was in use under Moses's Law and so continued in the Priests and Levites down to Annas and Caiaphas and after Christ's death till the Temple was destroyed as appears by the scourging of the Apostles by the stoning of Stephen and commanding St. Paul to be smitten on the Mouth Fourthly It was in use in the persons of the Apostles themselves as in that Judgment given upon Ananias and Saphira in the delivery up to Satan as most of the ancient Fathers expound that Censure to be a corporal Vexation And generally in all the Word of God there is no one Text that literally inhibits Church-men more than Lay-men to use this kind of Judicature For that Precept to be no striker 1 Tim. 3.3 is no more to be appropriated to a Bishop distinct from the rest of Christian men than that which is added not to be given to Wine that is immoderately taken Proceed we
Bishops Dispensations only but Mandates also And those Bishops have been fined at the Kings Bench and elsewhere that absented themselves from Councils in Parliament without the King 's special leave and licence first obtained Thirdly When they are forbidden interesse to be present the meaning is not in the very Canons themselves that they should go out of the room but only that they should not be present to add Authority Help and Advice to any Sentence pronounced against a particular or individual Person in cause of Blood or mutilation If he be present auctorizando consilium opem vel operam dando then he contracts an irregularity and no otherwise saith our Linwood out of Innocentius And the Canon reacheth no further than to him that shall pronounce Sentence of Death or Mutilation upon a particular Person For Prelates that are of Counsel with the King in Parliament or otherwise being demanded the Law in such and such a Case without naming any individuum may answer generaliter loquendo That Treason is to be punisht with Death and a Counterseiter of the King's Coin Hostien lib. 2. eap de fals monet allowed by John Montague de Collatione Parliamentorum In Tracta Doctor Vol. 10. p. 121. Fourthly These Canons are not in force in England to bind the King's Subjects for several Reasons First Because they are against his Majesty's Prerogative as you may see it clearly in the Articles of Clarendon and the Writ of Summons and therefore abolished 25 H. 8. c. 8. It is his Majesty's Prerogative declar'd at Clarendon that all such Ecclesiastical Peers as hold of him by Barony should assist in the King's Judicatures until the very actual pronouncing of a Sentence of Blood And this holds from Henry the First down to the latter end of Queen Elizabeth who imployed Archbishop Whitgist as a Commissioner upon the Life of the Earl of Essex to keep him in Custody and to examine him after that Commotion in London And to say that this Canon is confirm'd by Common Law is a merry Tale there being nothing in the Common Law that tends that way Secondly It hath been voted in the House of Commons in this very Session of Parliament That no Canons since the Conquest either introduced from Rome by Legatine Power or made in our Synods had in any Age nor yet have at this present any power to bind the Subjects of this Realm unless they be confirmed by Act of Parliament Now these Canons which inhibit the Presence of Church-men in Cause that concerns Life and Member were never confirm'd by any but seem to be impeach't by divers and sundry Acts of Parliament Thirdly The whole House of Peers have this very Session despised and set aside this Canon Law which some of the young Lords cry up again in the same Session and in the very same Cause to take away the Votes of the Bishops in the Case of the Earl of Strafford For by the same Canon Law that forbids Clergy-men to Sentence they of that Coat are more strictly inhibited to give no Testimony in Causes of Blood Nee ettam potest esse test is vel tabellio in causâ Sanguinis Linw. part 2. sol 146. For no Man co-operates more in a Sentence of Death than the Witnesses upon whose Attestation the Sentence is chiefly past Lopez pract crim c. 98. distl 21. and yet have the Lords admitted as Witnesses produced by the House of Commons against the Earl of Strafford the Archbishops of Canterbury and Armagh with the Bishop of London which Lords command now all Bishops to withdraw in the agitation of the self same Case Bishops it seems may be Witnesses to kill ont-right but may not sit in the Discussion of the Cause to help in case of Innocency a distressed Nobleman Whereas the very Gothish Bishops who first invented this Exclusion of Prelates from such Judicatures allow them to Vote as long as there is any hope left of clearing the Party or gaining of Pardon 4. Conc. Tol. Can. 31. And by the beginning of that Canon observe the use in Spain in that Age Anno 633. as touching this Doctrine Saepe principes contra quoslibet majestatis obnoxios Sacerdotibus negotia sua committunt Binnius 4. Tom. Can. Edit ult p. 592. Lastly In the Case of Archbishop Abbot all the great Civilians and Judges of the Land as Dr. Steward Sir H. Martin the Lord Chief Justice Hobart and Judge Doderidge which two last were very well versed in the Canon Law delivered positively when my self at first opposed them That all Irregularities introduced by Canons upon Ecclesiastical Persons concerning matters of Blood were taken away by the Reformation of the Church of England and were repugnant to the Statute 25 II. 8. as restraining the King 's most just Prerogative to imploy his own Subjects in such Functions and Offices as his Predecessors had done and to allow them those Priviledges and Recreations as by the Laws and Customs of this Realm they had formerly enjoy'd notwithstanding the Decree de Clerico venatore or the Constitution nae Clerici Saeculare c. or any other in that kind 150. The only Objection which appears upon any Learning or Record against the Clergies Voting in this Kingdom in Causes of Blood are two or three Protestations entred by the Bishops among the Records of the upper House of Parliament and some few Passages in the Law-Books relating thereunto The Protestation the Lords now principally stand upon is that of William Courtney Archbishop of Canterbury 11 Rich. 2. inserted in the Book of Priviledges which Mr. Selden collected for the Lords of the upper House In the Margin whereof that passage out of R. Hovenden about which we spake before about Clergy-mens agitation of Judgments of Blood is unluckily inserted and for want of due consideration and some suspicion of partial carriage in the Bishops in the case of the Earl of Strafford hath been eagerly pressed upon the Bishops by some of the Lords in such an unusual and unaccustomed manner that if I my self offering to speak to this Objection had not voluntarily withdrawn the rest of the Bishops and I had been without hearing voted out of the House in the agitation of a Splinter of that Cause of the Earl of Strafford's which came not near any matter of Blood An act never done before in that honourable House and ready to be executed suddenly without the least consideration of the merit of the Cause The only words insisted upon in the Protestation of Courtney's are these Because in this present Parliament certain matters are agitated whereat it is not lawsul for us according to the Prescript of holy Canons to be present And by and by after they say These matters are such in the which Nec possumus nec debemus interesse This is the Protestation most stood upon That of Archbishop Arundel 21 Rich. 2. is not so full and ample as this of Courtney's For the Bishops going forth left their Proxies with the
Garbage That is in plain English the Priest must no longer receive Obligations from either King or Lords but wholly depend upon his Holy Fathers the Pope of Rome and the Pope of Lambeth or at least wise pay him soundly for their Dispensations and Absolutions when they presume to do the contrary In the mean time here is not one word or shew of Reason to inform an understanding man that persons in Holy Orders ought not to terrisie the Bad and comfort the Good to repress Sin and chastise Sinners which is the summa totalis of the Civil Magistracy and consequently so far forth at the least to intermeddle with Secular Affairs And this is all that I shall say touching the Motive and Ground of this Bill and that persons in Holy Orders ought not to be inhibited from intermeddling in Secular Astairs either in point of Divinity or in point of Conveniency and Policy 163. The second Point consists of the Persons reflected upon in this Bill which are Archbishops Bishops Parsons Vicars and all others in Holy Orders of which point I shall say little only finding these Names huddled up in an Heap made me conceive at first that it might have some relation to Mr. 〈◊〉 Reading in the Middle Temple which I ever esteem'd to have been very inoffentively deliver'd by that learned Gentleman and with little discretion question'd by a great Ecclesiastick then in Place for all that he said was this That when the Temporal â—ords are more in Voices than the Spiritual they may pass a Bill without consent of the Bishops Which is an Assertion so clear in Reason and so often practis'd upon the Records and Rolls of Parliament that no man any way vers'd in either of these can make any doubt of it nor do I though I humbly conceive no Preâ—ident will be ever sound that the Prelates were ever excluded otherwise than by their own Folly Fear or Headiness For the point of being Justices of Peace the Gentleman confesseth he never meddled with Archbishops nor Bishops nor with any Clergyman made a Justice by His Majesty's Commission In the Statute made 34 Edw. 3. c. 1. he finds Assignees for the keeping of the Peace one Lord three or four of the most valiant men of the County the troublesome times did then so require it And if God do not bless us with the riddance of these two Armies the like Provision will be now as necessary He finds these men included but he doth not find Churchmen excluded no not in the Statute 13 Rich. II. c. 7. that requires Justices of Peace to be made of Knights Esquires and Gentlemen of the Law of the most sufficient of each County In which words the Gentleman thinks Clerks were not included and I clearly say by his favour they are not excluded nor do the learned Sages of the Law conceive them to be excluded by that Statute If the King shall command the Lord Keeper to fill up the Commissions of each County with the most sufficient Knights Esquires and Gentlemen of the Law shall the Lord Keeper thereupon exclude the Noblemen and the Prelates I have often in my days received this Command but never heard of this Interpretation before this time So that I cannot conceive from what ground this general Sweepstake of Archbishops Bithops Parsons Vicars and all others in Holy Orders should proceed I have heard since the beginning of my Sickness that it hath been alledg'd in this House that the Clergy in the Sixth of Edw. 3. did disavow that the Custody of the Peace did belong to them at all and I believe that such a thing is to be sound among the Notes of the Privileges of this House but first you must remember that it was in a great Storm and when the Waters were much troubled and the wild People unapt to be kept in order by Miters and Crosier-staves But yet if that noble Lord shall be pleased to cast his Eye upon the Roll it self he shall find that this poor Excuse did not serve the Prelates turns for they were compelled with a witness to defend the preservation of the Peace of the Kingdom for their parts as well as the Noblemen and Gentry And you shall find the Ordinance to this effect set down upon that Roll. I conclude therefore with that noble Lord's favour that the sweeping of all the Clergy out of temporal Offices is a motion of the first impression and was never heard in the English Common-wealth before this Bill 164. I come in the third place to the main part of this Cause the things to be severed from all men in Holy Orders which are as I told you of three kinds 1. Matters of Free-hold as the Bishops Votes in Parliament and Legislative Power 2. Matters of Favour to be a Judge in Star-chamber to be a a Privy-Councillor to be a Justice of Peace or a Commissioner in any Temporal Affairs 3. Mixt Matters of Free-hold and Favour too as the Charters of some Bishops and many of the ancient Cathedrals of this Kingdom who allow them a Justice or two within themselves or their Close as they call it and exempt those grave and learned men from the Rudeness and Insolency of Tapsters Brewers Inn-keepers Taylors and Shoe-makers which do integrate and make up the Bodies of our Country-Cities and Incorporations And now is the Ax laid to the very Root of the Ecclesiastical Tree and without your Lordships Justice and Favour all the Branches are to be lopt off quite with those latter Clauses and the Stock and Root it self to be quite grubb'd and digged up by that first point of abolishing all Vote and Legislative Power in all Clergymen leaving them to be no longer any part of the People of Rome but meer Slaves and Bond-men to all intents and purposes and the Priests of England one degree interiour to the Priests of Jerâ—boam being to be accounted worse than the Tail of the People Now I hope no English-man will doubt but this Vote and Representation in Parliament is not only a Freehold but the greatest Freehold that any Subject in England or in all the Christian World can brag of at this day that we live under a King and are to be govern'd by his Laws that is not by his arbitrary Edicts or Rescripts but by such Laws confirmed by him and assented to by us either in our proper Persons or in our Assignees and Representations This is the very Soul and Genius of our Magna Charta and without this one Spirit that great Statute is little less than litera occidens a dead and useless piece of Paper You heard it most truly opened unto you by a wise and judicious Peer of this House that Legem patere quam ipse tuleris was a Motto wherein Alexander Severus had not more interest than every true-born Englishman No Forty-shillings-man in England but doth in person or representation enjoy his Freedom and Liberty The Prelates of this Kingdom as a Looking-glass
Houses to accept thereof Obj. 3. They desire the King to command the Clerk of the House of Peers to enter this their Petition and Protestation among his Records which derogates from the Rights of Parliament As though the King could be his Command make a Record of Parliament 〈◊〉 It is to be conceived that the Bishops never intended that this Petition as may appear by the Directory thereof should be preferred to the King in any other place but in the Upper House of Parliament And it will appear among the Records of that most Honourable House 11 Rich. II. num 9. that the King in that House hath commanded the like Protestation of the Bishops to be enrolled which made the Bishops use that Phrase Howbeit beside the King's Command the Assent of the Peers and Commons have still concurred and the Bishops never conceived it otherwise which made them presume that no matter of their Protestation could possibly amount to any higher Crime than that of Error or Mistake considering that it was still to be admitted or rejected by the King with the Assent of the Peers and Commons Here the Answer ends in this brief compass Let all the Council in the Land plead against it and shew where it is not sound and satisfactory Yet the Bishops desire no other reparation for their false Imprisonment but Liberty and Safety to Vote in that House to which they were called by the King 's Writ Sidonius speaks in pity of Eutropia lib. 6. ep 2. Victoriam computat si post dammum non litiget And these innocent men would not hold it for Justice done unto them if after so much Wrong sustained the Contention might be ended 170. Every subsequent Action of that Parliament did castrate their Hope Day utter'd unto Day how they meant to dissolve that Primitive and Apostolick Order piece by piece And what shall we have next The very Kingdom of Christ set up in the Church if you will believe them As Pisistratus would perswade the Athenians that he changed not their Laws but reduced them to those that were in Solon's time by which Trick he made them his Slaves Laert. in Vit. Sol. Is it possible that men could have the face to pretend more ancient Rulers in Christ's Church than Bishops The method of Sacrilege was first to pluck the Spiritual Lords out of the House and to disable all the Clergy from intermedling in Secular Affairs The Bill is read and easily pass'd now the Bishops were not in place to hear it and dispute it The Plaintiff pleads the Cause at Westminster what can the Defendant say to it in the Tower Proceed my good Lords he that runs alone by himself must needs be foremost This was worse than if a young Heir were sent to travel by his Guardian and the Guardian pulls down his House fells his Woods leaseth out his Lands when he is not in the way to look to it But where were those Earls and Barons that sided with the Bishops before Shrunk absent or silent They that are wise Leave falling Buildings fly to them that rise Or as Plautus in Stych as neat in his Comick Phrase as Johnson Si labant res lassae itidem amici collabascunt But the King's part is yet to come The Parliament makes ready a Bill the King only makes it a Law So he did this and it was the last I think that ever he signed Why he did it is a thing not well known and wants more manifestation Necessity was in it say they that would look no further Nulla necessitas excusat quae potest non esse necessitas Tertul. Exh. ad Cast c. 7. The most said That nothing was more plausible than this to get the Peoples Favour Or that the Houses had sate long like to continue longer and must have Wages for their Work because they are no Hirelings they will chuse and take and this Boon they will have or the King shall have no Help from them It would ill become a Royal Spirit to plead he was compelled by Fear else His Majesty might have revoked this Act upon that Challenge As Sir Nic. Throgmorton surpassing most of his Age for Wit and Experience assured Mary Queen of Scots shut up in the hold of Loquelevin Cessionem in carcere extortam qui justus est metus planè irritam esse Cambd. Eliz. ann 1569. Yet Fear had not so much stroke in this as the Perswasions of one whom His Majesty loved above all the World The King foresaw he was not like to get any thing from this Parliament but a Civil War he would not begin it but on their part he heard their Hammers already at the Forge Et clandestinis turgentia fraudibus arma Manil. lib. 1. He being most tender to provide for the Safety of his Queen went with her to Dover to convey her into France not that she desired to turn her Back to Danger or refused to partake of all Hazards with her Lord and Husband for she was resolute in that as Theogena the Wife of Agathocles Justin lib. 20. Nubendo ei non prosperae tantùm fed omnis fortunae iniisse societatem But because His Majesty knew himself that he should be more couragious if his dear Consort were out of the reach of his Enemies Being at Dover the Queen would not part with the King to Ship-board till he signed this Bill being brought to believe by all protestation of Faith from Sir John Culpepper who attended there for that Dispatch that the Lords and Commons would press His Majesty to no more Bills of that unpleasing nature So the King snatch'd greedily at a Flower of a fair Offer and though he trusted few of the men at Westminster yet in outward shew he would seem to trust them all the more because the Queen had such Confidence in them How Culpepper instilled this into the Queen and how she prevailed York is my Author and could not deceive me for he told me in the Tower That the King had sacrificed the Clergy to this Parliament by the Artifices contrived at Dover a day before the News were brought to London Then they fell to Bells and Bonfires and prophaned the Name of God that He had heard them whose Glory was not in their Thoughts from the beginning to the end A Day-labourer lifts up his Ax towards Heaven but strikes his Mattock into the Earth And all the Evil that the Earth breeds was in their Mind when they seemed to look up to God That which is of God must have its Foundation in Humility its binding fast in Obedience its rising in Justice and its continuance in Peace So begins the Misery and Fall of the Bishops Synesius hath lent us words fit to express jump in the same Case Ep. 70. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is the Bishops were expulsed meerly by Slander nothing being demonstrated to lay any Crimes against them And verily God was gracious to them What should they have done as it
The second thing called Culpable in him but was not was pick'd at by the cross Humours of some in the end of Q. Elizabeth's Reign They were of the old Stock of Non-conformitants and among the Seniors of his College who look'd four upon him because he was an Adherent to and a Stickler for the Discipline and Ceremonies of the Church of England these laid their Heads together to exclude him from Preferment but their Plot would not hit Others that were the most orderly Sons of the Church were not pleased with him because he frequented Reverend Mr. Perkins his Congregation It is true he was his constant Auditor while Mr. Perkins lived so early his well-kneaded Judgment took delight in clear and solid Divinity And he that is discreet will make his Profit out of every side or every Faction if you like to call it so 11. At the close of the most happy Reign of Q Elizabeth he Commenced Batchelor of Arts. And to make that Degree sit upon him with the better Credit within a Month he was made Fellow of his College with the advantage of that Seniority which promised him the Proctorship of the University if he lived to it according to the constant Order of that Society Filii prunae exultant volare Job 5.7 He was full of warmth and tended upward I find in a Letter which he wrote to King James 22 years after wherein he remembers the King That His Majesties Gracious Letters confer'd that Blossom of the first Preferment upon him He was no heavy Log to be lifted up to a Fellowship with a Court-Leaver But the Place being extraordinary for it was pregnant with the Pretorship there needed some Engine from above to settle him Without disparagement to his Merit it shall not be concealed that some of the Seniors did make resistance against him whose Suffrages are requisite by Statute for the Election of Fellows One or two of them were observed to stop the Advancement of all the most sharp Wits as far as they could Men not to be compared with the sweet Philosopher Plato but like him in this That Plato would not admit Homer into his Commonwealth for he was too great a Citizen for his City This was a Grief apparent that Mr. Aluy though himself departed into Ireland had left of his Spirit among them a Spirit devious from the Quiet and Happy Way of obeying our Church Discipline And this did season a few with a wrong Zeal to depress such whose Learning and prudent Behaviour did promise that they would be Champions for Conformity But he that was then the Pinacle of the Codege far higher then the low-roost Building of the rest was Dr. Playsere one of the Public Professors of Divinity and of most celebrated Eloquence let me carve a good Figure for his Memory in this Structure it was he that opened the stiff Soil and planted this young Sprig in his Fellowship and led him in his hand out of the Throng of Contradiction You may guess that the young Batchelor did Glory in it and had the sense of Juily in his mind when he said He had rather be Praised by Cato then have a Triumph voted to him by the Senate 12. Now our young Graduate began to run the Race of three years Course to the Degree of Master a time of loitering with too many but not with him It was his common Theme even when he was a Bishop if young Students were at his Table to inveigh gravely against Batchelors of Arts because commonly they mis-spent that Triennial Probation and left upon that place a Vacuum of doing little or nothing He that least of all committed that Crime might best set Judge upon the Guilty For his own part now his Clay was upon that Wheel it turn d about as Peripateties say of the highest Sphere with a most rapid Motion He surrendred up his whole Time to dive into the Immense Well of Knowledge that hath no bottom He Read the Best he Heard the Best he Conferr'd with the Best Excrib'd committed to Memory Disputed he had some Work continually upon the Loom And though he never did so much in this unwearied Industry as himself desired he did far more then all that did highly value him could expect Ingenium caeleste suis vâ—lecius amns surgit Ovid. His Equals of the same time began to find his Discourse far above their pitch in weighty Judgment and what was look'd for from him in his Public Exercises might be perceived by the Throng that come to Hear him and that none at the parting but Admired him All perceived that a Fellowship was a Garland too little for his Head and that he that went his pace would quickly go further then St. John's Walks 13. He that will dig diligently for Wisdom God will provide a Mine for him to Recompence his Labour my Proof lies thus Here was a Student that would take any pains to know much and God supplied him with as good Men in that Age as ever Cambridge afforded before or since that were able to teach him A Scholar can have no taste of Natural Philosophy without some conditement of the Mathematicks See the good luck of it that he had Mr. Edward Briggs within the Walls of the same College for his Master by whom he was initiated into the Principles of Geometry which never departed out of his tenacious Memory Yet he did but kiss the Cup of those Sciences and drank not deep Fruit that is next the Sun may change the colour but unless it hang long on the Tree it comes not to maturity He frequented Mr. Lively and Mr. Downes Duo Scipiadae the Professors of the Hebrew and Greek Tongues in the Publick Schools from whose full Breasts he suck'd most excellent Skill in those Learned Languages He had also other choice Praeceptors to perfect him in the Sacred Tongue Mr. Robert Spalden a modest and no less Learned Divine Fellow of St. John's and Rabbi Jacob a Jew born whom I remember for a long time a Commorant in the University with the Instruction of these two he dived far into the Mystery of that Holy Language But chiefly he did heartily acknowledge that the Hand of God did go with him that Dr. Overal was the King's Professor in the Chair of Divinity in his Years of soft Wax from whom he took such a right Orthodox Impression of stating Theological Controversies I ask'd him on a time what it was that pleased him in Dr. Overal above all others whom he heard to handle Determinations of Divine Points in a Scholastical Form He gave me this Answer because First Dr. Overal was used to prove his Conclusion out of two or three Texts of Scripture at the most and no more being such Places upon whose right Interpretation the judgment of the Cause did chiefly depend Secondly That above all Men that ever he heard he did most pertinently quote the Fathers both to the right sense of their Phrase which few did understand
for it is a State-Rule Raro eminentes viri non magnis adjutoribus ad gubernandam fortunam suam usi sunt Yet this latter Favour the Nature of the Lord Chancellor considered was greater then the former For though he was as good a Master to his Followers as ever was serv'd yet he was of an austere Gravity and rather Bountiful then Affable Now though it be as clear as any Ocular Demonstration that the Chaplains full and absolute Parts did introduct him to this Love and Likeing yet I will not say but that which brought it to this Growth and Excess was a sympathy of Souls which is a knitting of Souls by secret Ligaments that transcend Reason Our Genetlâ—iacal Writers perhaps would call it Synastrta which is a wrong Word for a right Meaning 36. By this opportunity he interceded that divers Benefices which fell to the Lord Chancellor's Presentation should be devolved upon deserving Scholars and quickly became a great Patron before he was a Bishop They were Godly Men whom he oblig'd and such as had waited long in the Universities and fit to be called forth to use their Talents If he displeased any in the use of this Power they wey were such as presumed upon ancient Acquaintance more then upon their Merit Pity and Power meeting equally in him swarms of Scholars flock'd about him Those whose Backs were bowed down with tedious and chargeable Suits he was the Sanctuary to which they sled and he refused none This diffused Humanity to so many that stood in need of help is that which Marc. Antonius the Emperor calls Natural Duty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It suits with the Nature of a Man to take all Men into their Compassion and Care I have heard some of those distressed ones that were Strangers to him before with whom he had never chang'd a word when they return'd back to Cambridge with Peace and quiet Possession of their own speak of his Goodness to Admiration that he would teach them either the validity or weakness of their Cause commend them to faithful Attorneys and able Counsel work the Officers and Clerks of the Courts to abatement of Fees thrust Money into their hands that wanted it the Nerves of Law as well as of War Especially if the Cause concern'd the Title of their Living or the Right of their Tithes he would sweat and bestir him for his poor Brethren and never forsake them till Sacrilege and Oppression were charm'd with the golden Meet wand of Justice The way that some use in the manner of their doing a thing makes them to be rumour'd for their Courtesie above many others though they do not affect it So the Chaplain's readiness and Felicity in assisting the Clergy was in a little while â—lked among Church-men in all places so that not a few of the Bishops and Chapters of Cathedral Churches who were encumbred about their Leases and Priviledges In foro Litigioso thought it their best way to send their Messengers and to shew their Condition to him who was easily entreated to be their Servant and Solicitor and he was like one that lay Lieger at London for their Dispatches But being of a most tender and dutiful Regard to such Reverend Persons he did always acquaint his Lord and Master with a Breviate of their Grievances and humbly besought his Judgment for Support and Remedy and steering by that Oraculous Wisdom he never put forth into the troubled Waters for those Dignities and Foundations but they came merrily to the Haven with Bon-adventure 37. His own Share follows For by coming to that pitch of Interest with so great and good a Lord as he befriended many so in the space of about 5 years that he lived with him he compass'd a plentiful Fortune to himself from that Bounty which denied him nothing and commonly prevented him before he ask'd Methinks it was that sweet Patron 's Speech which Pliny makes the fruitful Earth to speak to us all Lib. 23. in Prooem Ex me parata omnia sese porrigentia ultro si pigeat attingere etiam cadentia I have provided all things for us I offer them to you voluntarily if you will not gather them they shall fall down at your Feet of their own accord To be particular he confer'd the Parsonage of Walgrave in Northamptonshire upon him and no other Cure of Souls by direct Presentation For the Lord Chancellor had declar'd in the Conference at Hampton-Court before King James pag. 58. That he did not dislike the Liberty of our Church in granting two Benefices to one Man But out of his own private Purpose and Practise he disposed such Livings as he gave that some might have single Coats that wanted them before others had Doublets But by his furtherance the Chaplain had likewise the Rectory of Grafton-Underwood in the same County lying in a very small distance from Walgrave gratifying the Patron with as good or better in some other Shire Divers Cathedral Churches offered their Preferments to him because they needed such a Collegue and some to make amends for his former Civilities In the Church of Lincoln he was a Prebendary and Resident with the Chantorship of the same He had a Choral Place in the Minster of Peterborough and in the Churches of Hereford and St. David's Neither the Canons of our Church nor the Statutes of our Realm have provided an Incapacity for holding Plurality of Prebends I find indeed among the Decretals of the Popes a Constitution of Urban the Second an 1087. running thus Licet Episcopi dispositione unus diversis praeesse possit Ecclesiis Canonicus tamen Praebendarius nisi unius Ecclesiae in quà conscriptus est esse non debet An Order which they keep till any Man that hath occasion to transgress it brings enough in his hand to pay for a Dispensation These Stalls therefore he possess'd in Cathedral Foundations for which the Lord Chancellor was well pleased by exchange of some of his own Preferments to make amends to those who had confer'd their Kindness upon his faithful Servant Nay yet further Mantissae loco he gave him a Donative called Sine curâ in Wales which was equal in Profit to any Endowment that he held Here was a glut of Preferment indeed will some say Be it so it was the Liberality of a large and a loving-hearted Master that would let him do no less and it is as true that the Chaplain desired no less Aristotle lived in the most flourishing times of Greece and perceiving that the valiantest Heroes that attended Alexander grew very rich he framed this Axiom Lib. 3. ad Nicom That great Spirits are willing to be wealthy to reward and gratifie others Doubtless such as are of an high-flown Animosity affect Fortunas Laciniosas as one calls it a Fortune that sits not strait and close to the Body but like a loose and a flowing Garment They would spend to be belov'd and to oblige as far as they can and that cannot be
it was happy for him when five years after Lime-Hounds were laid close to his foot-steps to hunt him and every corner searched to find a little of that Dust behind his door Eut it proved a dry scent to the Inquisitors for to his Glory and the Shame of his Enemies it could never appear that the least Bird-lime of Corruption did stick to his Fingers And now I have shewn what was the rich Portion which he brought when he was wedded to the Office of the Great-Seal these are convictive and day-light Evidences To one or two Writers of late that have gone another way I have nothing to answer because in those things wherein they calumniate they address not themselves to prove any thing Enough to give them up to the censure of that Infamy which they merit Qui notitiam viri non ex bonis gestis dictisque sed ex minus probabilibus fieri volunt quo quid nequius says the Author called Zeno of Verona When such candid Authors as Sir T. Moore Sir J. Hayward S. Daniel and Renowned Camden wrote the Lives of Princes they drew the Characters of Men by their Actions and Speeches not out of Obloquies and Suspicions the Brats of rotten Fame that have no Father But in Sick or rather Pestilentious Times when no Wares are set forth so much as Untruths and Malice too many are not more bold to Lie then confident to be Believed Never with no People under the Sun did Veracity suffer so much as by the Pen of Sir A. Wel. whose Pamphlet is Perpetuus Rhotacismus one snarling Dogs-Letter all over which I condemn therefore as Philoxenus the Poet censured Dionysius the Syracusan's Tragedy A fronte ad calcem unâ liturâ circumduxit Correct it with one Scratch or Score from the beginning to the end 66. Such as he are not in my way why then should I loiter one Line to jostle them out Yet since discreet Persons and they that extol'd the Dean and confess'd that his Soul carried a great freight of Worth did think their Exceptions weighty against his undergoing that great Office I will not dissemble as if I were a Stranger to them The Words of the Wise are as Nails fastned by the Masters of Assemblies Eccles 12.11 Yet some Nails are not so fast in but they may be wrench'd out Many alledged that he had Dedicated himself to the Church in an holy Calling Why should he take his hand from his own Plow to preside in Secular Affairs Indeed when the Harvest was great and the Labourers few it was the Summum bonum of a Labourer to ply that Harvest for nothing could be better then to Plant the Gospel among those that had not believed But where an whole Nation is gained so far as to believe in Christ and the Message of Salvation known to all that Church is preserved unto Christ by other means beside Preaching They that attend their Charge in Prayer Exhortation and dispensing the Sacraments in all Quarters of the Land had need to have some of their own Coat in Places of Power and Dignity to preserve their Maintenance from Sacrilege and their Persons from being trodden down with dirty Feet Such as God hath bless'd to go in Rank with the Chiefest to help their Brethren whether in public Office or in Attendance on their Sovereign in his Chappel Closet Eleemosynary Trust or the like they are as much in the Harvest as they that labour in the Pulpit St. Ambrose in his sundry Embassages for his Lord the Emperor the Father of Gr. Nazianzen a Bishop of whom his Son says in his Epitaph that he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 employed in Pre-eminency and Honour and Government Euseb de vit Constanti l. 4. c. 27. Sozom. l. 1. c. 9. mention the Rescript of Constantine to Ablavius the Praetorian Praefect Ut pro Sanctis semper venerabilibus habeatur quicquid Episcoporum fuerit sententiâ terminatum idque in cansis omnibus quae vel Praetorio vel civili jure tractantur Which large Concession of Constanstine was restrained indeed by Gratian and Valentiman an 376 Ad causas quae ad Religionis observantiam pertinebant All the Prelates to whom the Emp. Constantine the Great referred the Hearing of Causes by Appeals which they discharged to the gaining of great Love and Praise these were not out of their Sphere but served the Church when they did that which ingratiated the Church and made the Christian Name to be venerable Some never speak of Secular Policy but as of a Prophane thing whereas a worthy Man may manage a Civil Tribunal with that maintenance of Virtue with that galling of Vice and evil Manners so as many good Pulpit-Orators put together might give God thanks if their Success were equal Councils it is true may be produced as to be brief the Quin-Sext in Trullo can 11 which forbids Priests and Deacons it names not Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to handle worldly Principalities I am struck with Reverence to the Council but not Convicted by its Reason which is fetch'd out of one Scripture that no Man can serve two Masters Tell this to the Ecclesiastics of Rome who are wholly buried in Things not only different but contrary to the Ministry Instituted by Christ Opposite Masters cannot be served by one faithful Servant subordinate may for we may love both and hate neither The King's Service in a Righteous way is not opposite to Christ's Evangelical Administrations but co-incident And a Supreme Governor doth not lose his Right in a Subject that is made a Priest or Bishop but may employ him under him as he pleaseth since the compacture of the whole Commonwealth together is but one Christian Oeconomy ABP Spotswood p. 299. In the Articles proponed to the Parliament at Sterling by Mr. Andrew Melvin an 1578. this is the 17th of the 11th Cap. We deny not that Ministers may and should assist their Princes when they are required in all things agreeable to the Word of God whether it be in Council or Parliament or out of Council providing always that they neither neglect their own Charges nor through flattery of Princes hurt the public State of the Church A Caution that their own Charges be not neglected is most Pious otherwise the Indulgence is very indefinite Many Zealots are as kind to themselves in England to serve their own turn I never saw any of our Ministry more abstracted from their Studies continually progging at the Parliament-Door and in Westminster-Hall for many years together having no Calling but that of an Evil Spirit to raise Sedition then those that were most offended at a Bishop for bestowing some part of his Time in a Secular Place And yet a considerate Judge will not say that the Lord-Keepership is an Employment merely Secular To mitigate the strict Cases of the Law with the Conscience of the King in whose Place he sits is it not as fully Ecclesiastical as a Consistory of teaching and ruling Elders
Ulpian did not stick to say of all the grave Senators that sate upon the Bench to decide Right from Wrong Nos meritò juris sacerdotes à quòdam dicti sumus siquidem sanctissima res est civilis sapientia This Heathen was pleased to have them styled Priests of the Law because the Wisdom of Civil Judicature was an holy Thing Much more it agrees in a Chancellor who directs that part which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Aristotle says Eth. 5. the mitigating of public Justice when it breaths Intemperate Rigour Happy are the People who are governed by full and exact Laws which make them liable as little as may be to the Errors and Passions of Arbitrary Moderation Yet because a Law is a General Rule and that it is not possible that a General Rule should provide sufficiently to satisfie all particular Cases therefore as the same Philosopher said again Polit. 3. Let the Laws have the chief Power yet sometimes let one or more Judges have the Power of the Laws which in effect is the merciful Voice of God to mollifie the Strictness and Inconveniencies of the Voice of Man And we living in a Christian State how can that be incongruous nay any way unseemly in his Person that is an Ambassador of Christ 67. It was said also that he was illiterate in the knowledge of the Laws being bred up in other Studies and very unprepared to discharge this Function But it was quickly unsaid as soon as the Court had trial of his Abilities There have been others besides Peter Gallaudes that have been capacious of all Sciences and Learning of whom Turnebus Advers l. 2. c. 1. Omnium rerum capax natura quam it a facile regebat versabat ut quicquid ageret unum illud curae habere tractaréque putaretur So this man had a mind of such a Glebe by the felicity of Nature and so manured that it could bring forth a plentiful Crop whatsoever Seed or Grain was cast into it and whatsoever he addicted himself to convey into the Store-house of his Brain he was never long at suck but had it with much more speed then other men Though he was never a Practitioner in the course of the Law yet he had been an hard Student in the Tenures Reports and other Compilements of that Profession But no marvel if others were diffident of him for he was very diffident of himself Therefore he humbly besought the King he might be a Temporary Lord-Keeper nay a Probationer and no more as it is divulged in the Cabal p. 56. and of the rest of that in a sitter place Nay he besought that His Majesties free and unlook'd-for Election might bear the blame of his Infirmities as Gregory the Great wrote to Mauritius the Emperor when he did in a manner enforce Gregory to be Bishop of Rome Lib. 1. Ep. 5. Necesse est ut omnes culpas meas negligentias non mihi sed tuae pietati populus deputet qui virtutis Ministerium infirmo commisit The Chancellorship of England is not a Chariot for every Scholar to get up and ride in it Saving this one perhaps it would take a long day to find another Our Laws are the Wisdom of many Ages consisting of a world of Customs Maxims intricate Decisions which are Responsa prudentum Tully could never have boasted if he had lived among us Si mihi vehementer occupato stomachum moverint triduo me jurisconsultum profitebor Orat. pro Mar. If the Advocates of Rome anger'd him though he were full of business he would pass for a Lawyer in 3 days He is altogether deceived that thinks he is fit for the Exercise of our Judicature because he is a great Rabbi in some Academical Authors for this hath little or no Copulation with our Encyclopaidy of Arts and Sciences Quintilian might judge right upon the Branches of Oratory and Philosophy Omnes Disciplinas inter se conjunctionem rerum communionem habere But our Law is a Plant that grows alone and is not entwined into the Hedge of other Professions yet the small insight that some have into deep Matters cause them to think that it is no insuperable Task for an unexpert man to be the chief Arbiter in a Court of Equity Bring Reason and Conscience with you the good stock of Nature and the thing is done Aequitas optimo cuique notissima est is a trivial Saying A very good man cannot be ignorant of Equity And who knows not that extreme Right is extream Injury But they that look no further then so are short-sighted For there is no strein of Wisdom more sublime then upon all Complaints to measure the just distance between Law and Equity because in this high Place it is not Equity at Lust and Pleasure that is moved for but Equity according to Decrees and Precedents foregoing as the Dew-beaters have trod the way for those that come after them What was more Absolute then the Power of the Pretorian Courts in Rome Yet they were confined by the Cornelian Law to give Sentence Ex edictis perpetuis to come as near as might be to the Perpetual Edicts of former Pretors And wherefore Of that Budaeus informs us Ne juris dicendi ratio arburaria praetoribus esset pro eorum libidine subinde mutabilis In Pandec p. 205. To keep Justice to certâ—in and stable Rules for every man will more readily know how to find his own when he trusts to that Light which burns constantly in one Socket This is to keep the Keeper from Extravagancies of his own Fancies and Affections and to hold him really to Conscience and Conscience as it is in Queen Elizabeth's Motto is Semper eadâ—m It is ever the same No all this doth adorn and amplisie the great Wisdom of the Dean that being made the Pilot in the chief Ship of the Political Navy a Pilot that had never been a Mariner in any Service of that Vessel before yet in all Causes that ever he heard he never made an improsperous Voyage For from his first setting forth to his last Expedition the most Envious did never upbraid him with Weakness or scantiness of Knowledge Neither King James King Charles nor any Parliament which gave due Hearing to the frowardness of some Complaints did ever appoint that any of his Orders should be retexed Which is not a Pillar of Honour but a Pyramid Fulgentius hath Recorded the like upon the Wonder of his Age Father Paul of Venice that being Provincial of his Order and hearing many Causes none of the Judgments that he gave which were innumerable were ever Repealed upon Instance made to higher Judgment Neither do I find that any of his Fraternity did maunder that the Frier was a Strippling but 28 years old and therefore but a Novice to make a Provincial who is a Judge and a Ruler over his Fellows He had better Luck in that then our Dean who was 39 years old when he atchieved this
and Decrees of my Predecessors I would be loth to succeed any man as Metellus did Caius Verres Cuius omnia erant ejusmodi ut totam Verris Praeturam retexere videretur Whose Carriage saith Tully was a meer Penclopes Web and untwisting of all the Acts of Verres ' s Pretorship Upon New matter I cannot avoid the re-viewing of a Cause but I will ever expect the forbearing of Persons so as the Ashes of the Dead may be hereafter spared and the Dust of the Living no further Raked Fourthly I will be as cautelous as I can in referring of Causes which I hold of the same Nature of a By-way Motion For one Reference that Spurs on a Cause there are ten that bridle it in and hold it from hearing This is that which Bias calls the backward forwarding of a Cause for as the Historian speaks Quod procedere non potest recedit Fifthly I profess before hand this Court shall be no Sanctuary for Undiscreet and Desperate Sureties It is a Ground of the Common Law That a man shall make no Advantage of his own Follies and Laches When the Mony is to be borrowed the Surety is the first in the Intention and therefore if it be not paid let him a God's Name be the first in Execution Lastly I will follow the Rules of this Court in all Circumstances as near as I can And considering that as Pliny speaks Stultissimum est adimitandum non optima quaeque proponere It were a great Folly to make Choice of any other then the very best for Imitation I will propound my Old Master for my Pattern and Precedent in all things Beseeching Almighty God so to direct me That while I hold this place I may follow him by a True and Constant imitation And if I prove Unfit and Unable for the same That I may not play the Mountebank so in this Place as to Abuse the King and the State but follow the same most Worthy Lord in his Chearful and Voluntary Resignation Sic mihi contingat vivere sicque mori 88. This he deliver'd thus much and I took Councel with my self not to Abbreviate it For it is so Compact and Pithy That he that likes a little must like it all Plutarch gives a Rule for Sanity to him that Eats a Tortoise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eat it up all or not a whit for a Modicum will Gripe the Belly He that fills himself with a great deal shall procure a Cleansing Evacuation So the Speech of a Great Orator is Instructive when it is entire Pinch it in with an Epitome you mangle the meaning and avile the Eloquence From Words he fell to Practise Industry I think was his Recreation for certain he had not a drop of Lazy Blood in his Veins He fill'd up every hour of the Day and a good part of the Night with the dispatch of some public and necessary business And though as a Counsellor of State and both as a Peer and Speaker in Parliament he had many diversions yet none of the work in Chancery was diminish'd which Attendance grew so light and familiar to him that in a little while it seem'd to be no more a burthen to him then the Water is to the Fishes under which they Swim He would not excuse himself a day for any the most lawful pretence he would not impart himself to the Star-Chamber or Parliament when it sate before he had spent two hours or more among the Pleaders Two or three Afternoons he Allotted every Week to hear Peremptories By which unequall'd diligence commonly he dispatch'd five or six Causes in a morning according to the quality or measure of the Points that came to be debated He did not only labour Six Days but as it follows in the Commandment He did all that he had to do For of all the Causes that were usually set down for hearing he never left any of them unheard at the End of the Term which was both an especial Ease and Comfort to the Subject and a full Testimony of his labour and ability to expedite so many Knotty and Spacious Causes that came before him in as little time as the Clients could expect The Survey of an whole year will give better satisfaction then every Term a part by it self Whereupon he Writes thus to the Lord Marquess July 10. 1622. In this Place I have now serv'd His Majesty one whole Year diligently and honestly But to my Hearts Grief by Reason of my Rawness and Inexperience very unprofitably Yet if his Majesty will Examine the Regâ—ers there will be found more Causes finally Ended this one Year then in all the Seven Years preceding How well ended I confess ingeniously I know not His Majesty and your Lordship who no doubt have Received some Complaints though in your Love 〈…〉 from me are in that the most competent Judges A Testimony of Great Labour and not more Copious then Clear For the Registry could not I ye Thus Joseph in his faithful Service under King Pharaoh gather'd in as much in one Year as was wont to be Reap'd in Seven And truly it becomes him that he was not confident but mistrustful of himself least some Waspish and Vexatious men had attempted to lay open some Errors to his Superiors which should escape him in fixing so many Planetary Causes But there was I had almost said none Yet then I had forgotten Sir John Bourcher who complain'd to both Houses of Parliament that his matters in debate were for ever shut up in a Decree before his Counsel was ready having some Allegations which expected more time to be Ripen'd still more time The business of this Knight was Arbitrated with consent by the Chief Baron Jac. 7. That Arbitration he would not stand to It was Decreed in full hearing by the Lord Elsmore Jac. 10. This did not please him Yet it was Order'd to the same Effect by the Lord Bacon Jac. 17. And after this the same Decree was confirm'd by the Lord William's Jac. 19. Having the consent of Justice Hutton Justice Chamberlain and the Master of the Rolls with an hundred Pounds advantage more then was given him before And was not this Suit come to Adultage for Tryal after Seventeen Years Vexation in it first and last If a Suitor shall have Power to define when his Cause is sufficiently heard a Fidler would not undertake the Office of a Judge Sir John durst not have presum'd to this Boldness but that he was encourag'd by his Father-in-Law the Lord Sheffeild who was a Scholar a Judicious Lord and of great Experience that knew well enough the Futility of this Appeal for it was discharg'd with a general Rebuke But the Spirits usually beat with an un even Pulse when they stirr too much in pity to our own Relations 89. Some others there were I yet remember it of the coarsest Retainers to Court who liv'd by picking up Crumbs that fell from Stale Bread these Whisper'd their Discontents that Causes
Captain Hostes inciderunt in nâ— the Enemy is fallen among us and into our Power So to such as talk timorously We shall fall into the Mis-perswasions of a Catholick Lady and her Houshold It may well be answered Be not distrustful of a good Cause they are fallen among us and if God love them they will joyn with us 93. The other thing in debate seem'd very harsh and boisterous to his Majesty that sundry Leaders in the House of Commons would provoke him to proclaim open War with Spain To which he replied in a long Letter to the Speaker That he had sent some Forces to keep the strong Towns of his Son-in-Law from the Imperialists That he had sent 30000 l. to those Princes of Germany that promised to assist him in Jealousie of their own Territories and had they done their Part that handful of Men which he sent had sufficiently done theirs He told them that he treated sedulously at that time for Peace but it would be a very Contradiction at the same Instant to be a Party in an open War And he gravely minded them that he rather expected Thanks for a long Peace the great Blessing of God than to stir him up to one of the greatest Plagues which the Lord threatens to a sinful Kingdom That many of his Subjects wanton with Ease and Plenty and pamper'd with Rest desired a Change though they knew not what they would have But did these Words so wise and melting compose the Humors of the Passionate No The Stoicks said well that from all Words and Actions there were two Handles to be catch'd hold of a Good and a Bad. The Virtuous interpret all to the best and lay hold on the Good The Quarrelsome apply all to the worst and lay hold of the Bad. Some that were Christianly Principled and were desirous to contrive every way how to spare the Effusion of so much Humane Blood admir'd the Lenity and Moderation of the King and look'd up to God that he would bring this Work to pass by other Means than unruly and unsatiate Armies But some cry'd out in Ar. W. Language That the King's Heart was not advanc'd to glorious Atchievements P. 172. Or as another of the same Tribe That howsoever the World did believe that he was unwilling to fight it out from a Religious Ground yet it was no other but a cowardly Disposition that durst not adventure Others would find a Knot in a Rush and laid the Blame upon his Learning that did intenerate his Heart too much and make him a Dastard These belike were not acquainted with the Exploits of the Graecian Xenophon the Roman Caesar the English Sidney Montjoy and Raleigh Gentlemen that were renowned both in Arms and Letters Yet such as were transported with Warmth to be a sighting prevail'd in Number before the Pacificous Well hath Pliny noted Epist Lib. 2. In publico concilio nihil est tam inaequale quà m aequali as ipsa nam cum sit impar prudentia par omnium jus est 'T is the Inequality of that equal Right which all have in publick Councils that every Puny hath a decisive Voice as much as Nestor But for all the Sword-men were so forward the King's Head was in Travel with Hopes of Peace He considered that even just Wars could not be prosperous unless they were begun with Unwillingness for they are the first Felicity of bad Men and the last Necessity of good Men. Macrobius observes in Bacchus the great Invader of India That he carried his Spear with a Trail of Ivy twin'd about it Lib. 1 â— 17 Quod vinculo patientiae obligandi sunt impetui Belle Because the Fierceness of Fighting should be rained in with the Bridle of Patience Lofty Spirits more Heathenish than Evangelical account one Victory worth ten thousand Lives But he that looks for the true Life above is sure that Mercy and Tenderness of Heart are better than a thousand Victories Eâ—saws indeed was not the Soldiers Friend but thus far he may be heard in this Cause Epist Aute August Hist Idem omnes pariter adnitantur ne Bellum sit poâ—iùs quà m ut bello vincant 'T is glorious before Men to fight well 't is blessed before God not to sight at all Warlike Motions are a Tryal of Gallantry for a time but all the Pages of Horror Calamity and Desolation attend them upon the Place where the Camp continues And why may not that continue till an Infant come to gray Hairs 'T is easie to set the Day when Wars shall begin but none can tell the Year nor the Age when they will end Metellus had been brought up in such Service none could tell Bacchus better than himself Salush Jug Bellum sumi facilè ceterum aegerimè dirimi non in ejusdem potestate initium ejus sinem esse And if War last long Who can feed that Cormorant with so much as it will devour What Millions and Millions of Coin have been exhausted to maintain this great Curse of God in our Land 't is thrice as chargeable to transport an Army If great Contributions be exacted Year by Year What Outcries will the People make And if we be not shorn to the Quick nay if we be not flay'd to advance Payments What Out-cries will the Soldiers make 'T is remarkable that the Commons in this Parliament voted to give one entire Subsidie to the King to begin the War They were not ignorant that five times that Money was not enough to Rig a Navy and to receive a good Army in it at the Sea-Side What a poor Stock was this to set up such a Trade a Sign they were neither able nor willing to maintain a War but at the Tongues end Finally The King having deliberated upon this Hurry to Battle opened the very Oracle of his Heart in this manner to some that were near him That a King of England had no reason but to seek always to decline a War though he carried his Forces abroad for the Array or Sword was in his Hand and the Purse in the Peoples His Sword could not fight without their Purse to maintain it Suppose a Supply were levied to begin the Fray What Certainty could He have that He should not want enough to make an honorable End If he call'd for Subsidies and did not obtain he must retreat ingloriously to the Wounding of his own Honour and the Nations If he were instant to have Succour and were resolved never to give over till he had it after he had craved it as if he had beg'd an Alms he must take it with such Conditions as would break the Heart of Majesty through Capitulations that some Members would make who desire to improve the Reputation of their Wisdom by retrenching the Dignity of the Crown in Popular Declamations For 't was likely they would ask the Change of the Church of the Laws of the Court Royal the Displacing of his Officers the Casheiring of his Servants Either at
find by his own Confession remaining in some Schedules that he was beholding to Lord Egerton's Directions to fill up the Worth of that Place which were these First To open his sincere and intimate Mind in all Advice which is indeed to give Counsel and not Words For he that speaks against his Conscience to please the King gives him a dry Flower to smell to Secondly Whatsoever was propos'd to examine primarily if it were just For he that dare make bold with God for Reasons of State is not to be trusted by Man There can be no Reason against Right Velleius says that Cato the Heathen was of that Opinion Cui id solum visum est rationem habere quod haberet justitiam 2. If it were for the Honour of the King for Crown-wisdom must not be soil'd with the Dust of Baseness but aim at Glory 3. If it were profitable as well for the Ages to come as for the present Use for present Occasions are mortal but a Kingdom is immortal If it hit not every Joynt of Just Honourable and Profitable he voted to lay it aside He kept other Rules at the Table but more dispensable As to mature great Matters with slow Deliberation at least to give them a second Hearing after himself and his Colleagues had laid their Heads upon their Pillows Next he called upon the King to follow the beaten Tract of former Precedents For new ways are visibly the Reproach of ancient Wisdom and run the Hazard of Repentance New Stars have appeard and vanish'd the ancient Asterisms remain there 's not an old Star missing Likewise it was his modest but frequent Motion that Counsels should not be whispered by one or two in a Corner but delivered openly at the Board by the sworn Ministers For what avails it when a Globe of Senators have press'd sound Judgment if some for their own Ends shall overthrow it who have made Blastus their Friend in Agrippa's Chamber Act. 12. The Lord Cooke's Jurisdiction of Courts Pag. 57. gives it for a special Note of his own Observation when he was a Privy Counselsellor that when a thing upon Debate and Deliberation is well resolv'd at the Council-Table the Change thereof upon some private Information is neither safe nor honourable As Seneca says Lib. 2. de Benif Vota homines parciùs faccrent si palam facienda essint If all Prayers were made in the Hearing of a publick Assembly many that are mumbled in Private wou'd be omitted for Shame So if all Counsels offer'd to Princes were spread out before many Witnesses Ear-Wiggs that buzz what they think fit in the retir'd Closet durst not infect the Royal Audience with pernicious Glozing for fear of Scandal or Punishment Well did the Best of our Poets of this Century decipher a Corrupt Court in his Under-woods Pag. 227 When scarce we hear a publick Voice alive But whisper'd Counsels and these only thrive Lastly He deprecated continually and obtained that private Causes should be distinguished from Publick that Actions of Meum and Tuum should be repulsed from the Council-Board and kept within the Channel of the Common-Law But to run along with the Complacemia of the Multitude with that which was most cry'd up in the Town by our Gallants at Taverns and Ordinaries he defy'd it utterly Populo super â—canea est calliditas says Salust The Peoples Heads are not lin'd with the Knowledge of the Kingdoms Government 't is above their Perimeter When they obey they are in their Wits when they prescribe they are mad Excellently King James in one of his Speeches Who can have Wisdom to judge of things of that Nature arcana imperii but such as are daily acquainted with the Particulars of Treaties and the variable and fixed Connexion of Affairs of State together with the Knowledge of the secret Ways Ends and Intention of Princes in their several Negotiations Otherwise small Mistakings in Matters of this Nature may produce worse Effects than can be imagined He gave this Warning very sagely to his People what Warning he received from his faithful Servant the Lord Keeper shall be the Close of this Subject His Majesty being careful to set his House within himself in good Order against he came to the Holy Communion on the Eve before he sent for this Bishop as his Chaplain to confer with him about Sacred Preparation for that Heavenly Feast who took Opportunity when the King's Conscience was most tender and humble to shew him the way of a good King as well as of a good Christian in these Points First To call Parliaments often to affect them to accord with them To which Proposal he fully won his Majesty's Heart Secondly To allow his Subjects the Liberty and Right of the Laws without entrenching by his Prerogative which he attended to with much Patience and repented he had not lookt into that Counsel sooner Thirdly To contract his great Expences and to give with that Moderation that the Prince his Son and his succeeding Posterity might give as well as He. In short to contrive how to live upon his own Revenue or very near it that he might ask but little by way of Subsidy and he should be sure to have the more given him But of all the three Motions there was the least Hope to make him hear of that Ear. For though he would talk of Parsimony as much as any yet he was lavish and could keep no Bounds in Spending As Paterculus observes of an Emperor that wrote to the Senate Triumphum appararent quà m minimo sumtu sed quantus alias nunquam fuisset To be a great Saver and a great Spender is hard to be reconciled for it toucheth the Hem of a Contradiction But since the Benefit of that Counsel would not rest upon the Head of the King the Honesty of it returned again to him that gave it 98. Who had the Abilities of two Men in one Breast and filled up the Industry of two Persons in one Body He satisfied the King's Affairs in the Civil Theatre and performed the Bishops Part in the Church of Christ As 〈◊〉 and Jehojada were great Judges in the Land and ministred before the Lord to their Linnen Ephods The Custody of the Great Seal would not admit him so long as he kept it to visit his Diocess himself but though he was not upon the Soil of the Vineyard he was in the Tower of it to over-look the Vine-Dressors Though he was absent in his Body he was present in the Care and Watchfulness of his Spirit and as our Saviour said of the Woman that poured her precious Spikenard upon him Quod potuit fecit Marc. 14.8 So I doubt not but God did accept it from him that he did what he could He heard often from those whom he had surrogated and appointed in Office to give him Information and was so assiduous to enquire after all Occurrences in those many Parochial Towns that were under his Pastoral Power that he would be very
other Bodies cannot dissolve the Constancy of Gold 108. How faithfully and with what Courage like himself he adventur'd to maintain Orthodox Religion against old Corruptions and new Fanglements will be a Labour to unfold hereafter One thing remains that is purely of Episcopal Discharge which I will salute and so go by it before I look again upon his Forensive or Political Transactions When he was Dean of Westminster he had a Voice in the High Commission Court and so forth when he was in higher Degrees For as Nazianzen commends Athanasius pag. 24. Encom he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 skiiful in all the various Arts of Government He appear'd but once at Lambeth when that Court sat while he was Dean A sign that he had no Maw to it For he would say that the Institution of the Court was good without all Exception That is to Impower the Kings of England and their Successors by Statute to issue out that Authority under the Great Seal which was annexed to the Imperial Crown of this Realm to assign some as often and to so long time as the King should think fit to be Judges for the Reformation of great Abuses and Enormities But that this Power should be committed from the Kings and Queens of this Realm to any Person or Persons being Natural born Subjects to their Majesties to overlook all Ecclesiastical Causes correct punish deprive whether one or more whether Lay or Clergy whether of the vilest as well as the noblest nay whether Papist as well as Protestant as no harm was to be feared from good Princes albeit they have this Liberty by the Tenure of the Act 1 Eliz. Cap. 1. So if God should give us a King in his Anger who would oppress us till our cry went up like the Smoke out of a Furnace this Statute would enable them to enact Wickedness by a Law This was a Flaw to his seeming in the Corps of the Statute which gave Vigour to the High Commission But in the Reign of Queen Elizabeth and her two blessed Successors God be praised we were never the worse for it Better Commissioners than were appointed in their Days need not be wish'd What ail'd this wise Church-man then to be so reserv'd and to give so little Attendance in that Court He was not satisfied in two things Neither in the Multiplicity of Causes that were pluck'd into it nor in the Severity of Censures It is incident to Supream Courts chiefly when Appeals fly unto them to be sick of this Timpany to swell with Causes They defraud the lower Audiences of their Work and Profit which comes home to them with Hatred What a Clamor doth Spalat make Lib. 5. Eccl. Reip. c. 2. ar 28. That the Judicatories at Rome lurch'd all the Bishops under that Supremacy of all Complaints that were promoted to their Consistories Eò lites omnes cò dispensationes trahuntur Fluviorum omnium tractus ad suam derivat molam nobis quod sugamus nihil relinquitur The Affairs of all Ecclesiastical Tribunes were little enough to drive that Mill So the Consistories of all the Suffragans in the Province of Canterbury became in a manner Despicable because the Matters belonging to every Diocess were followed before the High Commission That it might be said to the neglected Praelates at Home Are ye unworthy to Judge the smallest Matters 1 Cor. c. 2. It seems ill Manners increas'd apace For I heard it from one that liv'd by the Practice of that High Court An. 1635 That whereas in the last Year of Arch-Bishop Whitgift eight Causes were left to be discuss'd in Easter-Term there were no less than a Thousand depending at that time This was one of his Exceptions That the High Court drew too much into its Cognizance The other Reason which made him stand a loof from it was That it punish'd too much Arch-Bishop Abbot was rigorously Just which made him shew less Pity to Delinquents Sentences of great Correction or rather of Destruction have their Epocha from his Predominancy in that Court. And after him it mended like sowre Ale in Summer It was not so in his Predecessor Bancroft's Days who would Chide stoutly but Censure mildly He considered that he sate there rather as a Father than a Judge Et pro peccato magno paululum supplicii satis est patris He knew that a Pastoral Staff was made to reduce a wandering Sheep not to knock it down He look'd upon St. Peter in whom the Power of the Keys was given to the Unity of all the Officers of the Church who incurr'd a great Offence in the Hall of the High Priest let the Place be somewhat consider'd but his Action most Ut mitior esset delinquentibus grandis delinquens Saith St. Austin It being the most indubitate Course of that Commission to deprive a Minister of his Spiritual Endowments that is of all he had if Drunkenness or Incontinency were prov'd against him I have heard the Lord Keeper who was no Advocate for Sin but for Grace and Compassion to Offenders dis-relish that way for this Reason That a Rector or Vicar had not only an Office in the Church but a Free-hold for Life by the Common Law in his Benefice If a Gentleman or Citizen had been Convicted upon an Article of Scandal in his Life was it ever heard that he did Confiscate a Mannor or a Tenement Nay What Officer in the Rolls in the Pipe in the Custom-house was ever displac'd for the like Under St Cyprian's Discipline and the Rigor of the Eliberitan Canons the Lay were obnoxious to Censures as much as the Clergy But above all said he there is nothing of Brotherhood nor of Humanity in this when we have cast a Presbyter cut of Doors and left him no Shelter to cover his Head that we make no Provision for him out of his own for Term of Life to keep him from the Extremities of Starving or Begging those Deformed Miseries 109. These Reasons prevailing with him to be no ordinary Frequenter of that Court yet an Occasion was offered which required his Presence Mart. 30. 1622 which will draw on a Story large and memorable M. Amonius de Deminis Arch Bishop of Spalato made an Escape out of Dalmatia an English Gentleman being his Conductor he posted through Germany and came safe into England in the end of the Year 1616. The King gave him Princely Welcome Many of the Religious Peers and Chief Bishops furnished him with Gold that he lack'd for nothing He seem'd then for all this Plenty brought in to be covetous of none of these things but was heard to say That the Provision of an ordinary Minister of our Church would suffice him For in the end of June as he was brought on his Way to the Commencement at Cambridge a Worthy and a Bountiful Divine Dr. John Mountfort receiv'd him for a Night in his Parsonage-House of Ansty Where Spalat noting that Dr. Mountfort had all things about him orderly and handsome like
he had dazled the World with that false Light he never pleas'd his Judges that had secretly tried the Constitution of his Conscience Sir Edward Sackvile who shortly succeeded his Brother Richard in the Earldom of Dorset was at Rome Ann. 1624. and had Welcom given him with much Civility in the English College so far that he presum'd to ask rather out of Curiosity than Love to see this Prisoner de Dominis Mr. T. Fitz-herbert the Rector did him the Observance to go with him to the Jayl He found him shut up in a Ground-Chamber narrow and dark for it look'd upon a great Wall which was as near unto it as the breadth of three spaces Some slight forms being pass'd over which use to be in all Visits says Sir Edward My Lord of Spalato you have a dark Lodging It was not so with you in England There you had at Windsor as good a Prospect by Land as was in all the Country And at the Savoy you had the best Prospect upon the Water that was in all the City I have forgot those things says the Bishop here I can best Contemplate the Kingdom of Heav'n Sir Edward taking Mr. Fitz-Herbert aside into the next Room Sir says he tell me honestly Do you think this Man is employ'd in the Contemplation of Heav'n Says the Father Rector I think nothing less for he was a Male-content Knave when he fled from us a Railing Knave while he liv'd with you and a Motley parti-colour'd Knave now he is come again This is the Relation which that Honourable Person made Ann. 1625. which I heard him utter in the hearing of no mean Ones 113. But by this time Spalat was dead either by his fair Death or by private strangling Gallo-Belgicus that first sent the News abroad knew not whither But he knew what became of his Body that it was burnt at the same place in Rome where Hereticks do end their Pain It is a Process of Justice which is usual with their Inquisition to shew such abhorrence to Hereticks that were so in their sense to call them to account though they be dead and rotten First They are so Histrionical in their Ceremonies as if they made a Sport of Barbarousness that they cite the dead Men three several Days to appear or any that will answer for them but happy they if they do not appear then their Carkasses or Bones are brought forth and burnt in the common Market with a Ban of Execration The latest that were used so among us were Reverend Bucer and Fagius at Cambridge Anno 1556. And Dr. Scot Bishop of Chester one of Cardinal Pole's Visitors defended it before the University Haud mirum videri debeat si in mortem quoque ista inquisitis extendatur Bucer Scrip. Angl. p. 925. Sic postulare sacros Canones p. 923. This is their Soverity from which the Dead are not free Now by the Blaze of that Bonfire in which De Dominis his Trunk was consum'd we may read an Heretick in Fiery Characters I mean as he was entred into the black Book of the Roman Slaughter-House He lived and died with General Councils in his Pate with Wind-Mills of Union to concord Rome and England England and Rome Germany with them both and all other Sister-Churches with the rest without asking leave of the Tridentine Council This was his Piaculary Heresie For as Aâ—orius writes Tom. 1. Moral Lib. 8. Cap. 9. Not only he that denies an Article of the Roman Creed but he that doubts of any such Article is an Heretick and so to be presented to Criminal Judgment Si quem in foro exteriori l gitime allegata proâ—ata probaverint in rebus Fidci scienter voluntarie dubitasse arbitrer cum ut v re propriè haeretiâ—um puniendum Therefore if Spalat had return'd a Penitent in their Construction and imbodied himself into that Church as only true and Apostolical he could not have suffered in his Offals and Carkass as an Heretick So the same Azorius confesseth Lib. 8. Cap. 14. And Alphonsus à Castro is angry with Bernard of Lutzenburg for holding the contrary Lib. 1. Cap. 9. Quis unquam docuit eum esse dicendum haereticum qui errorem sic tenuit ut monitus conviclus non crubuerit palinodiam cantare This was the success of the variable Behaviour of M. Antonius de Dominis De Domims in the plural says Dr. Crakanthorp for he could serve two Masters or twenty if they would all pay him Wages He had an Hearing as it is mention'd before in our High Commission To countenance the Audience of so great a Cause the Lord Keeper gave attendance at it I began at that end of his Troubles and having footed all the Maze am come out at the other 114. Johosaphat distinguisheth between the Lord's Matters and the King's Affairs 2 Chron. 19.12 So do I in the Subject before me I have given some Says of his Church-Wisdom in the former Paragraph I go on to set the Sublimity of his State-Wisdom in the latter I must look back to a small Service which he did perform in Michaelmas-Term 1621. for as much as the Conjunction of some things which rais'd a Dust in the Year following are sit to go together Upon the solemn Day when the Lord Cranfield then Master of the Wards and immediately created Earl of Middlesex took his Place as Lord Treasurer in the Exchequer-Chamber the Lord Keeper gave him his Oath and saluted his Admission with a short Speech following My Lord You are called to serve his Majesty in the Place of a Lord Treasurer by the most Honourable and most Ancient Call in this Realm the delivery of a Staff to let you know that you are now become one of the surest Staffs or Stays that our great Master relies upon in all this Kingdom And these Staffs Princes must lean upon being such Gods as die like Mon and such Masters as are neither omni-sufficient nor independent For St. Austin writing upon that place of the Psalm I have said unto the Lord Thou art my God my Goâ—ds are nothing unto thee observes that God only is the Master that needs no reference to his Servant All other Masters and Servants are proper Relatives and have a mutual Reciprocation and Dependence Eges tu Domino tuo ut det panem Eget te Dominus tuus ut adjuves labore As the Servant wants a Master to maintain him so the Master wants a Servant to assist him For the present supplying of this want in his Majesty I will say as the Historian did of the Election of Tiberius Non quaerendus quem eligeret sed eligendus qui emineret The King was not now to think of one whom he should choose but to choose one who was most eminent For as Claudian said of Ruffinus Taciti suffragia vulgi Vel jam contulerant quicquid mox addidit Aula You were stated in this Place by the Votes of the People before you understood the Pleasure
Iron 115. Among the Exceptions with which the Lord Cranfeild did exagitate him one may require a larger Answer than he thought him worthy of in that Humour He replies to him very briefly in the Laconcick Form because such brittle Ware would break with a Touch. The Treasurer was misinform'd or coin'd it out of his own Head That the Keeper dispatch'd great Numbers of Causes by hearing Petitions in his Chamber and that he did usually reverse Decrees upon Petitions That Forty Thousand Pounds had been taken in one Year among his Servants by such spurious and illegitimate Justice Yet Sir An. IV. all whose Ink makes blots could not imagine how such a Man should be raised out of that Practise but that it was Calculated to be worth to him and his Servants Three Thousand Pounds per Annum A great fall and the less charge I do not say that either of them did learn to suspect by their own practise Let God judge it But I knew this Man so well that he would as soon have taken a share out of Courtesans Sins as the Pope doth as out of his Servants Purses But state the Case thus That he did much Work by Petitions and trebble as much in the first Year as in those that succeeded 't is confest First The Hindrances had been so great which the Court sustein'd before he began to rectifie them that unless he had allow'd poor Men some Furtherance by Motions in Petitions they had been undone for want of timely Favour Even Absalom won the Hearts of those whom he seem'd to pity that were in that condition 2 Sam. 13.3 A Plaintiff makes great moan for redress of Wrongs but a delaying Judge is his greatest Oppressor Secondly All high Potentates and Magistrates under them have ever employ'd some at their Hand to give Answers to Supplicants that made Requests unto them Papinian serv'd in that Office under Severus Pertinax So did Ulpian under Alexander Mammaeus Many more may be produc'd who were greatly honour'd for that Imployment All the Praefecti Libellorum and Magistri Scriniorum who are mention'd of old were of this Constitution Every Proconful caâ—ried such a Scribe with him into his Province and heard the Oppressions of the People by Petition and redress'd them Not that main Causes were not pleaded in the open Face of the Praetorian Court as it is in the Pandects Ubi decretum necessarium est per Libellum id expedire Proconsul non potest But an Exception strengthens a Rule as Cicero says pro Corn. Balbo Quod si exceptio facit ne liceat Ibi necesse est licere ubi non est exceptum And where Decrees were not necessary a Subscription to a Supplication was a common way to relieve those who needed not the Ceremony to be undone with longer Obstruction Thirdly What if I should grant without Derogation to the Lord Keeper's admired Sufficiency that when he took that litigious Work of Chancery first in hand if some crabbed Difficulties were mine'd small into a Petition he could the better swallow them Every man may judge better of that which he reads than that which he hears chiefly he that is initiated into a Profession Allow him Cork that learns to Swim to keep him from Sinking he saves himself and hurts no man Therefore it was a most certain way to overcome some part of the Tediousness of Business by Petitions and it was no less incorrupt innocent legal expedite to do good to the People Some that practis'd at the Bar repin'd that they might not have a Glut of Motions Of whose covetous Discontents this Lord was aware as Pliny says of Apelles Lib. 31. Post tabulam latens vitia quae notarentur auscultabat He was at the back of the Frame which he set forth and heard what Errors the Passengers noted in his Picture So this Man's Ears were open and his Eyes waking groundless Repining never took him winking Therefore to straiten his Course against all Presumption of Errors he directed two Remonstrances the first to the Lord Marquess September the 8th the other to his Majesty October the 5th 1622 which follow as he penn'd them My most noble Lord 116. I Am half asham'd of my self that any Man durst be so shameless as to lay upon me the least Suspicion of Corruption in that Frugality of Life Poverty of Estate and Retiredness from all Acquaintance or Dependencies wherein I live But I have learnt one Rule in the Law that Knaves ever complain of Generalities And I long to be Charg'd with any Particular Petitions are things that never brought to any Man in my Place either Profit or Honour but infinite Trouble and Molestation Three Parts of four of them are poor Mens and bring not a Peny to my Secretaries The last part are so slighted and dis-respected by my Orders that they cannot be to my Secretaries whom I take to be honest men and well provided for worth their Trouble or Attendance All Petitions that I answer are of these Kinds 1. For ordinary Writs to be sign'd with my Hand 2. For Motions to be made in Court 3. For to be plac'd in the Paper of Peremptories 4. For License to beg 5. For referring of insufficient Answers 6. For a day to dispatch References recommended from the King 7. For Reigling Commissions to be dispatch'd in the Country 8. For my Letter to the next Justices to compound Brables 9. For Commissions of Bankrupts Certiorari especial Stay off an Extent till Counsel be heard c. Let any Man that understands himself be question'd by your Lordship whether any of these poor things can raise a Bribe or a Fee worth the speaking of I protest I am fain to allow twenty Pounds a year to a Youth in my Chamber to take care of the poor Mens Petitions the Secretaries do so neglect them In a while after Thus to the King May it please Your most Excellent Majesty TO pardon the first Boldness of this kind of interrupting Your Majesty Although I do find by search those particular Charges of Chamber-Orders shew'd unto me by my most Noble Lord the Lord Admiral to be falsly laid and wilfully mistaken as being either binding Decrees or solemn Orders pronounced in open Court and pursued only to Processes of Execution by these private Directions Yet do I find withal that I have advisedly and with mature Deliberation upon my entring into this Office made many Dispatches upon the Petitions of the Subjects to mine own exceeding great Trouble and to the Ease of their Purses many thousand Pounds in the Compass of this Year For that Motion which upon a Petition will cost the Party nothing if it be deny'd nor above Five Shillings to the Secretaries unless the Party play the Fool and wilfully exceed that expected Fee when it is granted being put into the Mouth of a Lawyer will cost the Client whether granted or deny'd one Piece at the least and for the most part Five Ten or Twenty Pieces as is
by K. Philips Servants and too little by the Servants of his own Master Finally our English and Irish Papists who fill'd the Courts of Rome and Spain with Narratives of their grievous Persecutions which they did only fear and Petitions to conditionate the Match with their mitigation These were the main Sticklers to do a real mischief only to satisfie a Fantastical Jealousie The Tears of their Lamentation dropt upon the Popes tender heart so that to comply with them many a bitter Kernel was in the Core of the dispensation And I have Reason to suspect they were some Grains the worse that the French employ'd at Rome at that time did the worst Offices they could as the Lord Herbert our Kings Embassador in France wrote hither Cabal pag. 301. Those of the King of France's Councel at Rome will use all the means they can to the Pope in whom they pretend to have very particular Interest not only to interrupt but to break Your Majesties Alliance with Spain Many Rattle-Heads as well as they did bestir them to gain-stand this Match But as Pliny said in his Age Nat. Hist l. 29. So may I in our time Ingenicrum Italiae slata impellimur the Italian Wits are they that will take it in scorn if they bear not all before them For Example in this Dispensation How acute they thought themselves in their Policy and how Imperious I am sure they were in their Arrogancy It came to the Nuncio Residing at Madrid in April who was commanded to observe this Form in the Delivery That it should not be Open'd and Communicated before the King of Spain did take an Oath to be a Surely That the King of England should really perform all things required therein or if he fail'd in such performance or in any of them then the King of Spain with all his might and Power to take Arms against him What Though the Italians are so Witty for their own part do they suppose all people beside are fallen into a strong Delirium Had they cast our Water so ill to think us so Weak that before one Article was Publish'd or known we would be beholding to Sureties to undertake for us Or that we would submit to all with indefinite and undiscoursed Obedience It hapned fortunately that the Lord Keeper had dealt before with Mr. George Gage a full Romanist in Religion but a Faithful Subject to his King to be diligent in the Court of Rome and to spare no Cost upon his Purse to get a Copy of the Articles as soon as the Dispensation was Bulled and to send them under hand by the greatest speed to the Prince In which Mr. Gage did not fail 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Golden Key will open the strongest Lock in the Gates of Hell By this Providence his Highness knew what it was the Nuncio held so close in his Fist as soon as himself Yet took no Notice as if he had seen particulars but as if at adventure bad him suspend the Delivery of the Powers as long as he would for he knew that his Father would fly from that Offer That the King of Spain should Engage for him because his Majesties Conscience and his Writings divulg'd as far as Learning reach'd would not permit him to Subject himself to the Popes Propositions which he had no Authority to obtrude upon Free Princes no nor upon any Man â—ut of the Verge of his Suburbicary Jurisdiction So much Gâ—ndamar could have told them one that fate in the Spanish Junto out of the Lord Keepers Letter for it is his though his Name is omitted Cab. p 236. in these Remarkable Words His Majesty hopes that you are not Ignorant that the Treaty is between Him and your Master He hath no Treaty with Rome neither lies it in his way to dispute with them upon this Question It troubled the Nuncio that the Peremptory Clause which the Dispensation brought with it was thus slighted and it would keep stale no longer business was in such Haste Therefore they come to those who were our Princes employ'd Councellors to require of them to give their best help to rowl away this Stone which was the main Obstruction On our Part therefore we ask'd two Questions First Whether King Philip could take such an Oath for another King Guardians may take Oaths in the behalf of Minors whom they Govern'd for it was in their Power and it lay upon their Charge to perform that which they swore for Minors till they came to Age. We had heard of some who were wont in some places that procured the Causes of their Clients in Civil Courts to take an Oath in Animam Domini sui vel in Animam constituentis but such as Weighed Religion more by Conscience then by Custom detested it For who can Swear before God to oblige the Soul of another Since an Oath must be taken in Judgment as well as in Truth Jerem. 4.2 The Spaniards were be-gruntled with these Scruples And their Recourse was to a Convention of their soundest Divines to deliver their sentence upon it who walk'd as slowly and gingerly as if they had been founder'd They toss'd over Books they search into the Code the Casuists and Canonists Read tedious Lectures and cast up a Trench of a hundred Scruples to Besiege this little Question The Prince whose Humanity and Wisely-Govern'd Temper was admir'd of all took the wast of time that these Divines made in great Offence Now was the first time that he spake that unkind Word to Olivares That he was Wrong'd and wish'd himself in his own Court again Olivares Chased as fast that their Fatherhoods with their Mountains of Learning sate so long to bring forth a Mouse and blamed himself as it was reported in our Parl. Anno 1624. That the Devil put it into his mind to call that Assembly For all this the Divines would be known in their Place and would not break up their meeting till they had Resolv'd after twenty days what they determined to Conclude from the first hour That King Philip might take the Oath wherein yet we gained thus much on our part that a Point which was Resolved by the Pope and his Conclave subscribed by them all Committed to the Nuncio to be Advanced with St. Peters Authority might be disputed twenty days by a Chapter of private Divines Let them sit twenty days more to satisfie us whether it were good Theology or good manners to serve him so whose decisions they say are inerrable When the Grave Doctors of Salamanca had acquitted themselves so learnedly his Highness's Ministers moved another Question Whether King Philip would take the Oath as Procurator for our King who nor requir'd it nor was privy to any thing that was stuff'd into the Procuration To which a present Answer was given and no bad one it could not be Resolved before the Spanish Counsel saw how far our Prince and his Counsel would yield in points of Religion And how can we tell you that said
profitable to the Church and that there should be no Violation of Justice in the Grant for which he cast his Eye religiously upon that Warrantable Rule Levit. 26.19 He that will Redeem that which is Sanctified must add a fifth Part to the Estimation So this Godly King was superabundant in his Care that the See of York should be Richer by parting with this House as is manifest by the Lord Keeper's Letter sent to that Worthy Patriarch of the North whose Age would not suffer him to come to London May it please your Grace I Have been as Careful as lay in my Power to further your Wise and Religious intent which your Grace so really expresseth in making an advantageous Exchange for your Successors between York-House with Warders tenement and the Mannor of Brighton in the County of Ebor together with the Woods which Woods I am assured are out of Lease And I conceive that part of the Exchange so well settled if the particulars be true as I probably presume and your Grace may better find then I that your Successors shall have good Cause to bless God for the same Now His Majesty and the Duke are very willing to fetch in the rest of the Tenements unto the House and to deal with you and your See Graciously and bountifully in the Exchange For when I kneeled before His Majesty in the presence of the Prince and others to crave Pardon that I stood so strictly upon Terms of Benefit and Good Accommodation to your Grace who had Trusted me in this Exchange the King gave me hearty Thanks for doing so and desired me that for His sake and Buckingham's to see that your Grace should convey nothing at all to his Majesty but that your See should receive back again for the same double Recompensation Your Grace therefore shall receive by your Son Sir Tobie whom His Majesty and the Duke would needs employ personally for the expediting of this Business with your Grace two particulars more proposed for an Exchange with the Tenements belonging to York-House The which particulars if they hold out in Value and Estates as they be presented which your Grace by the Industry of one of your Servants may in two days perceive by Reason of their vicinity to the City of York be of far more profit to your Grace and Successors then these Tenements can possibly be their States and Demises consider'd If those two particulars should dislike your Grace instance upon any other thing lying in Charge to the King and in more conveniency to your Grace and I find his Majesty so over good in this kind that I presume he will deny nothing that can be demânded without blushing Your Son my very good and much respected Friend hath been so industrious for the good of your See as though he were the Son of that Church as well as your Grace's as I would he were and I hope he may be I rest ever May 4. 1624. 194. All things being agreed upon this Bargain on this side Trent and beyond it an Act is drawn up and brought into the House of Commons The Provision for the Exchange is apparent without Fallacy or Fear of Wrong and better than the Redemption of a thing sanctify'd under the Levitical Prescriptions yet it stuck in the House of Commons and struggled with great Opposition The King's Counsel pleaded well that his Majesty's Lands were more profitable by a good Size than that which the Arch-Bishop contributed in lieu but it was answered by a worthy Knight Let Caesar keep that which is Caesar's and let God keep that which is God's And that Scruple was held in dispute for many days although the Duke did then appear to be a Person that deserved to be gratify'd till evident Reason like a Condensation of Light did shine more and more before them that Love and Conscience tender to preserve the Church her Rights ought not to hinder her Augmentation Or had it been no more than barely one for another it would be no worse than with the Man in Famianus Strada that sneezed once and blew out his Candle and sneezed a second time and blew it in again Therefore when the Commons had shewn their Good will not to violate Sacred things as if the Spirit of thrice honoured Sir Harry Spelman had possest them when they had said much upon it and received handsome Satisfaction when they were at a wit-stand and could reach no further the Bill was carried by some Votes and the Permutation concluded A noble Affection to the Bishops and to that Portion which our virtuous Progenitors had given them and little followed within twenty years after by such as the Prophet describes Isa 50.11 That walk in the Light of their own Fire and in the sparks which themselves have kindled Those Prelates that not long ago had so many Friends to support their Demesns are now like Abraham when God sent him into a strange Land where he had no Inheritance no not so much as to set his Foot upon Act. 7.5 Now those Mannors and Houses which were kept entirely for them are sold to make Payment 't is well known to whom But such Work such Wages Publick and Private Civil and Sacred Lands Civil Wars can gulp down all And yet the Grecians that knew not the true God invited all to take Arms against the Phocenses in the Quarrel of Sacriledge and called it the Sacred War When the whole Estate of Pompey the Great was Confiscate after Caesar had prevailed in the Pharsalian Battle says Tully Philip 2. Qui ad illud scelus sectionis auderet accedere inventus est nomo praeter Antonium None could be found so impudent to buy his Lands but Antony But enow are found in these Dominions that are ready to buy Gods Lands Their Peny-worths are cheap if there were no Account to be made to the Lord of the Vineyard hereafter These Huxters cannot chuse but think of it and if any of them should say he did not drive this Trade at least with a doubting Conscience in good Faith I would not believe him 'T is the Envy of the Devil when he cannot hinder Reformation to discredit it with Sacriledge And he is cunning at that horrid Sin ever since he mixt it in his first Temptation For the Tree of Knowledge of Good and Evil which was not to be eaten had a Sacramental Signification in it and stood in Paradice for an Holy Purpose and was an holy Possession in regard whereof to eat of the forbidden Fruit was Theft in the Act and Sacriledge in the Circumstance But suppose a Church be unsound surfeited and fit to be purged of Offences What Physician that undertook to cure a sick Man did ever plunder him of all that he had for his Fee Who will think else that his Heart was set upon the Good of his Patient and not upon filthy Lucre He that reaps down Errors and fills his Barns with golden Sheaves he works for Mammon and
else the Treasurer had been rescued by the Power and Justice of his Royal Master His Majesty perceived that the Actions of this unfortunate Man rack'd with the strictest Enquiries were not Sins going over the Head scarce reaching to the Ankles and why should he suffer him to sink under the Waves of Envy Therefore he sent for the Lord Keeper to Greenwich and gave him his Sense That he would not make his Treasurer a publick Sacrifice Sir says the Lord Keeper I have attempted among my surest Friends to bring him off fairly All shrink and refuse me only the stout and prudent Lord Hollis adventured upon the Frowns of the Prince and Duke and gave his Reasons why Middlesex to him appeared an Innocent I were mad if for my part I should not wish him to escape this Tempest and be safe under the Harbor of Your Majesty's Clemency Suam quisque fortunam in consilio habet quando de alienâ deliberat Curt. lib. 5. When I deliberate upon him I think of my self 'T is his Fortune to day 't is mine to morrow The Arrow that hits him is within an Handful of me Yet Sir I must deal faithfully Your Son the Prince is the main Champion that encounters the Treasurer whom if you save you foil your Son For though Matters are carried by the whole Vote of Parliament and are driven on by the Duke yet they that walk in Westminster-Hall call this the Prince's Undertaking whom you will blast in his Bud to the Opinion of all your Subjects if you suffer not your old and perhaps innocent Servant to be pluck'd from the Sanctuary of Your Mercy Necessity must excuse you from Inconstancy or Cruelty In the Close of this Speech the Kings Reason was convinced that he must use this Counsel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iliad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Treasurer suffered the Dishonour or rather the Calamity of a Censure Himself was so comforted to his dying Hour as the engraved Posie spake his Thoughts in his great Chamber at Copt-Hall in Essex Quae venit immeritò paena dolenda venit And I spake with few when it was recent that were contented with it except the Members of the House who would not dislike their own Action 196. Popular Favor continued a while with the Duke and now he was St. George on Horseback let the Dragon take heed that stood in his Way The Earl of Middlesex was removed and he that presided over the great Accounts did now stand for a Cipher The Lord Keeper perceived his turn was next although he wanted not fair Words and fair Semblance from the Contriver But an Ambush is more dangerous than a pitch'd Battel because it is hid unless the Leader look about him in his March and search every Hedge by Vant-curriers as he did A vigilant Man will not sleep with both Eyes when he suspects Danger Cauto circumspectu vita quae variis casibus subjacet est munienda Apul. instam lib. 11. The Keeper knew he had deserved no ill yet he trusted not to that for he knew likewise how a Judge that hears many Causes must condemn many and offend many And if Justice should shrink in to decline Offences what were it so like unto as to one in the Fable that would feed upon nothing but Spoon-meat because he would not wear out his Teeth He was not ignorant of the laudable or at least the durable Custom of the Commons to countenance all Prosecutors and to file the Medly of all Complaints Therefore this Prometheus kept a careful Watch to repulse Embroilments as much as he could for though he had a sound Bark yet none but a phrantick Pilate would be willing to be toss'd in a Storm And he had been an ill Keeper if he had not been wary to keep himself to which I may fitly apply the Orators Words Philip 12. Qui mulâ—â—rum Custodem se profitetur eum sapientes sui primum capitis aiunt Custodem esse oportere He had made the Prince his fast Friend before who was so ingenious that when he had promised Fidelity there was no fear that he would start chiefly because he sought to lay hold on his Highness upon no other Conditions than to mortifie those spiteful accusations if any such hapned with his Frown that durst not stand the Breath of Truth Concerning the Duke he was not so silly to look any longer upon himself as growing on the former Root of his Favour yet he was not so rude to expostulate with him according to the Merit of his Unkindness and provoke him further but as it occurs Cab. P. 80. He tells his Lordship That Suspicions of his Displeasure transported him not a Jot further than to look about him how to defend himself that he begg'd Assurance of his Grace's former Love yet not in the least desire to crave the Patronage of any corrupt or unjust act of his that should be objected against him in Parliament nor to take Refuge to him in any Cause or Clamor otherwise than according to Justice and fair Proceeding A sufficient Number of other Friends were made already to him by his Wisdom and Deservings whom he never requested as he had no need of it to make a Side for him but to be intentive to disclose such Winding Insinuations which are apt to twine about some weak Understandings This Forecast made him stand unmoveable and unaffrighted when Petitions and Remonstrances of Perdue-Causes were entred against him They came about him like Bees and were extinct like Fire among the Thorns And what were they that made a Noise with their Grievances Itane nihil fortunam puduit si minus accusatae innocentiae at accusantium wilitatis Boeth de consol 'T is a shame that Innocency should be accused but what Remedy shall it have against base and beggerly Accusers against the very Kennel of the Fleet and other Goals against such whose Suits would admit of no good Order and their Forwardness of no bad I knew a Plaintif and Desendant Morgan and Bouglar that complained one as much as the other of the same Decree to the Parliament and at the Hearing of the Cause one of the Counsel protested that Two hundred and twelve Commissions References and Orders had past upon it After a while a Bundle of those frivolous Objections being read and examined were cast out of Doors and the House in the Afternoon being put into a general Committee Seven and thirty of those Paper-Kites slew away that same day and were never heard of more Some of the Members would have repaired the Lord Keeper and asked him what he would have done to his Adversaries Nothing says he for by this time they have all fretted themselves into Patience and some of them perhaps into Repentance Which proved even so For many of them came privily to be admitted to his Favour condemned their own scandalous Petitions and laid it upon a great Name that they were encouraged to bring them in whom he
Wherein the Lord Keeper interceded with the Duke to the incurring a mighty Anger as may be seen by the Letters of Decem. 24. and Jan. 4. Cab. p. 99. If Threatings had been mortal Shot he had Perisht for he never had such a Chiding before but he kept his Ground because he held the fairer side of the Quarrel Dr. Meriton the Dean of York was lately Dead and much Deplor'd For he was an Ornament to the Church My Lord Duke entreated by great ones named a Successor that had no Seasoning or Tast of Matter in him one Dr. Scot But a Doctor Inter Doctores Bullatos for he never stood in the Commencement to approve himself beside too many Faults to be ript up I have known a Scholar in Cambridge so bad a Rider that no Man for Love or Price would furnish him with a Horse I would have thought no Man would have furnisht such a Scholar as this with a Deanery chiefly of York It came about strangely Scot was a Prodigal Gamster and had lost upon the Ticket to a Noble Person far more then he was worth Which Debt his Creditor knew not how to recover but by Thrusting him aided with my Lord Dukes Power into this Rich Preferment The Casuists among all the Species of Simony never Dream'd of this which may be called Simonia Aleatoria when a Gamester is Installed into a goodly Dignity to make him capable to pay the Scores of that which he had lost with a bad Hand And yet the Man Died in the Kings-Bench and was not Solvent The Lord Keeper intending to put of Dr. Scot from this place besought for the remove of those most worthy Divines Dr. White or Dr. Hall or to Collate it upon Dr. Warner the most Charitable and very Prudent Bishop of Rochester But he was so terrified for giving this good Counsel that he writes now he knew his Graces Resolution he would alter his Opinion and would be careful in giving the least Cause of Jealousie in that kind again Yet it is a received Maxime Defuturos eos qui suaderent si suasisse sit periculum Curt. l. 3. Certainly with others this might work to his Esteem but nothing to his Prejudice And I dare confidently avouch what I knowingly speak that I may use the Words of my industrious Friend Mr. T. F. in his Church History That the Solicitation for Dr. Theodore Price about Two Months after was not the first motive of a Breach between the Keeper and the Duke the day-light clears that without dusky conjectures no nor any Process to more unkindness then was before which was indeed grown too high The Case is quickly Unfolded Dr. Price was Country Man Kinsman and great Acquaintance of the Lord Keepers By whose procurement he was sent a Commissioner into Ireland two years before with Mr. Justice Jones Sir T. Crew Sir James Perrot and others to rectifie Grievances in Church and Civil State that were complain'd In Executing which Commission he came of with Praise and with Encouragement from His Majesty that he should not fail of Recompence for his Well-doing Much about the time that the Prince return'd out of Spain the Bishoprick of Asaph soll void the County of Merioneth where Dr. Price was Born being in the Diocess The Lord Keeper attempted to get that Bishoprick for Dr. Price But the Prince since the time that by his Patent he was styled Prince of Wales had Claimed the Bishopricks of that Principality for his own Chaplains So Dr. Melburn and Dr. Carlton were preferr'd to St. Davids and Landaff And Asaph was now Conferr'd upon Dr. Hanmer his Highness's Chaplain that well deserv'd it A little before King James's Death Dr. Hampton Primate of Armach as stout a Prelate and as good a Governor as the See had ever enjoy'd Died in a good old Age. Whereupon the Keeper interposed for Dr. Price to Succeed him But the Eminent Learning of Dr. Usher for who could match him all in all in Europe carried it from his Rival Dr. Price was very Rational and a Divine among those of the first Note according to the small skill of my Perceivance And his Hearers did testifie as much that were present at his Latin Sermon and his Lectures pro gradu in Oxford But because he had never Preach'd so much as one Sermon before the King and had left to do his calling in the Pulpit for many years it would not be admitted that he should Ascend to the Primacy of Armach no nor so much as succeed Dr. Usher in the Bishoprick of Meth. To which Objection his Kinsman that stickled for his Preferment could give no good Answer and drew of with so much ease upon it that the Reverend Dr. Usher had no cause to Regret at the Lord Keeper for an Adversary Neither did Dr. Price ever shew him Love after that day and the Church of England then or sooner lost the Doctors Heart 214. It is certain that all Grants at the Court went with the Current of my Lord Dukes Favour None had Power to oppose it nor the King the Will For he Rul'd all his Majesties Designs I may not say his Affections Yet the L. Keeper declin'd him sometimes in the Dispatches of his Office upon great and just Cause Whereupon the King would say in his pleasant Manners That he was a stout Man that durst do more than himself For since his Highness's return out of Spain if any Offices were procur'd in State of Reversion or any Advouzons of Church Dignities he interpos'd and stopt the Patents as Injurious to the Prince to whose Donation they ought to belong in just time and preserv'd them for him that all such Rewards might come entire and undefloured to his Patronage Wherein his Highness maintain'd his Stiffness for that foresight did procure that his own Beneficence should be unprevented And he carried that Respect to the Dukes Honour nay to his Safety for notice was taken of it that he would not admit his Messages in the Hearing of Causes no not when his chief Servants attended openly in Court to Countenance those Messages to carry him a-wry and to oppress the Poorest and whose Faces he had never seen with the least wrong Judicii tenax suit neque aliis potiùs quà m sibi credidit as Capitolinus makes it a good Note of Maximus He would believe his own Judgment and his own Ears what they heard out of Depositions and not the Representation of his best Friends that came from partial Suggestions Such Demands as are too heavy to ascend let them fall down in pieces or they will break him at the last that gives them his Hand to lift them up In this only he would not stoop to his Grace but pleas'd himself that he did displease him And being threatned his best Mitigation was That perhaps it was not safe for him to deny so great a Lord yet it was safest for his Lordship to be Denied It was well return'd For no Arrand was so privily conveyed
sate at the Helm of the most Dignified Churches and steered the Conclusions of Divine Truth were more rigid upon this Theme than they that hold the same Sees in these Days They were so literal in the sense of those words Job 6.53 Except ye eat the Flesh of the Son of Man and drink his Blood you have no Life in you that an Infant Baptized was presently admitted to the Sumption of the Sacred Elements That believing People in danger to be separated from their Pastors in time of Persecution were suffered to reserve the Consecrated Bread and to eat it reverently at Home These Customs are utterly melted away into disuse and the latter overthrown by a Curse in the first Council of Toledo At this Day your Canons enjoyn no more But that every faithful Man and Woman partake of Christs Body once a Year at Easter And how gentle are your Casuists in their Copious Relaxations upon the Obligation to this Canon You shall hear but one speak Navarr Enchirid. Cap. 21. Every Notorious Cause excuseth those that receive not once a Year And it is allowed to be a Notorious Cause if danger to lose Life or Hmour or Fortunes doth distein a Christian Therefore a Woman that hath a Child at her Breast is dispens'd with for the Sucklings sake And a Widow in some places who keeps the fashion to mourn a twelve-month at Home before she appears in publick Nay Caution is made to absolve them that are raggedly or meanly apparell'd and would be ashamed to have the Eyes of some cast upon them in their homely Garments You cannot go lower unless you could throw less than one Ace upon a Dye Excuses you see are cheap because that Sacrament is not rated so dear as if it were taken or not taken upon the price of Salvation 225. And now that your Lordship may undergo no longer Penance to hear me upon this Subject I will dispatch with the Consideration of your Sacrament of Penance For whose use and necessity the Priests contend more than the People And if we of the Reformed Clergy had not set before our Eyes the Naked Simplicity of the Gospel rather than our own Interests and Emolument we would never have ridden that stiff-headed Beast the Multitude without this Bridle The Power of the Keys do you call it And so ye may For the Locks of all Secrets fly open before it and every Mans Coffers are at the Command of the Confesson Confession of all Sin especially the most to be blush'd at though lodged in the darkest Cellar of the Heart is a heavy Burden Yet any wise Man will resolve not to be shame-faced but to endure that which he must bear by a rigid and peremptory Law If there be no remedy as the Confessors say but either reveal your Sin even to all their Minutes and Circumstances and obtein Sacerdotal Absolution or never look Christ in the Face I cannot then blame your Brethren to say Give us Ghostly Fathers or else we die But hold there I will spread your own Doctrine impartially before you Your severest Writers say That Confession of wasting and mortal Sins is to be made to a Priest upon the Commandment of Christ Such a Law they have fixed partly by Consequences partly by their Exposition of the Text. Now it is fit to hear what may be said upon this Law when the Case is removed into a Court of Equity I move then in the behalf of a Sinner Is he bound as soon as he hath committed a mortal Sin with all competent Celerity to confess that he may be absolv'd Not so says the Chancery of Divinity Let him prostrate himself before the Knees of the Poenitentiary once a Year and rehearse his Crimes Is that resolved Scripture Is Confession once a Year of Divine Right No says old Navarr there is no Divine express Word that chargeth the Penitent when and how often to come to that Sacrament but by Human Authority all Offenders are obliged thereunto once a Year I move once more at the Bar of Favour Is that Canon as inflexible as the Laws of the Medes and Persians Or will it admit of Relaxation Why not says Azorius Lib. 7. Moral Cap. 40. Quod quisque fidelium semel quotannis confiteatur Ecclesia Imperavit Et Autoritate Pontificiâ potest quis eximi à lege annuae Confessionis One Exception by all Votes is admitted That a Person born dumb shall not have his Sins reteined for want of Confession Cajet Sacerd. Lib. 3. Cap. 6. And are not their Mouths stopt as if they were dumb-born in whose Vicinage nay in whose Country none of Holy Orders out of that Tribe ought to be found by the Laws to take their Confession Or will it come to one effect if they put down such faults as they call to mind they have committed in writing And so send this blotting Paper to them that have the Tutelage over them in such Cases This Trick wants not those that applaud it Especially among the Jesuits who I think would teach Pigeons to carry such Messages to and fro since they would have all the Work in their own Hands and cannot be in all places But your sounder Divines condemn that Device Either because the Circumstances of Sins which alter Cases exceedingly cannot be Interrogated so well in conveyance of Letters Or least the Offendor while his Letter is under the Messengers dispatch should relapse into his former Sin and abuse the Grace of Absolution Or principally because that which is under a Mans Hand is permanent and if it miscarry it may be produc'd afterwards to his sorrow and vexation by the Secular Power Therefore this Rule must be the Coronis of all this Dispute That he that hath not a Competent External Judge to confess his Sins unto may quiet his Conscience when he confesseth them to none but GOD. 226. What say you now my Lord Doth Salvation necessarily depend upon your Septemfluous Sacraments Or do they depend all upon the Administration of the Priests O Sir King David was cosen'd for believing his Son Amnon who pretended he could eat nothing unless his Sister Tamar dress'd it But somewhat about Sacramental Confessions hangs yet in my Teeth and I shall not speak it but spit it out It is so reasonable that I bespeak you not to be offended He that takes it ill it is at his own adventure Salus populi suprema Lex esto We must first look to common safety And they that think to build upon the Ruines of it will find a false Foundation I hope Court us not suffer Confessors to creep into Corners among us For they profess they will not discover Treason plotted against the King and Kingdom if it be disclosed under that Privy Seal Nay it hath appeared by Examinations by Witnesses by Letter under their own Hands by all sorts of Proofs that they did not reveal it when they knew the fatal Hour was at Hand to blow up our Sovereign the
Moriar ego sed me mortuo vigeat ecclesia Let me retire to my little Zoar but let your Gracious Majesty be pleas'd to recommend â—â—â—o my most able and deserving Successor an especial Care of your Church and Church-men To call upon the Judges who God's Name be prais'd are ready enough to hear such Motions to relieve the poor sort of Church-men publickly affronted in their Persons by factious and insolent Justices or judicially wrong'd in their Causes by wilful and partial Jurors Likewise to entertain and countenance their just Plaints in that great Court of Chancery the which of all the rest in Westminster-Hall as not proceeding upon the Verdicts of Lay and Country Juries hath been ever by those of my Coat held most equal and indifferent Also to mingle always some few of the Clergy of best Means and Discretion in the Commission of the Peace who with their very Presence and sitting in that place are a great Countenance to their poor Brethren And withal to keep and preserve poor Ministers from the Oppressions of malicious Informers in that great and chargeable Court of the Star-Chamber Lastly to afford all the Clergy of England that Solace and Relief which his Lordship knoweth well they will expect from your Majesty such a Son of such a Father So may God make your Majesty more victorious than David more wise than Solomon and every way as good a King as your Majesty's blessed Father It shall be the continual Prayer of Your Majesty's poor Subject and Chaplain JO. LINCOLN Foxly Octob 25. This is the Dirge with which that Swan expir'd Being careful of nothing but that his poor Brethren might not be trampled upon over his back especially those that served in Country Cures among bad Pay-masters and narrow-hearted contentious Chuffs So I have done with the ex-authorized Lord-Keeper not fall'n in his worth or in himself though fall'n from a great Place Be it justly ascrib'd to him which Pliny doth to M. Cato lib. 29. c. 1. Cujus autoritati triumphus atque censura minimum conferunt tanto plus in ipso est There was enough in him still to keep him as great as King James had made him 31. The Subject which is now under the Quill is the Bishop of Lincoln A few late Writers who want the Polishing of Humanity and the Meekness of Christianity have done him high reproach in some Occurencies They shall answer for it to God I will only put this little Syrup into the Reader 's Mouth to take away the ill relish of those Defamations that the Fire of Envy would have gone out by this time but that there is a Pile of Vertue left behind to keep it burning Yet even those Men have scarce given him a little scratch or no more anent his Episcopal Administration of his Diocess He made that Office a good Work 1 Tim. 3.1 Neither did he hold any Preheminence of Place without an eminence of Worth and Prudence For four Years after his Consecration he was not in Condition through the great Burthen of other Imployments to appear among his Clergy But it is well known to them that lived under his Charge in those days that both Ministry and Laity were greatly satisfied with his Government For his Encouragements to the Best-deserving were very kind his Dispatches were never intermitted and his Directions strictly look'd after to be observ'd by those that were under him in any part of his Jurisdiction Yet to reach no further than Truth from this time forward his Presence wrought more than his Substitutes in his absence his Light shin'd clearer and the Influence of it was stronger when he was six'd and resident in his own Orb. As Columella commends it wittily to an Owner to live upon his own Ground if he would thrive says he Fimus optimus in agro est Domini vestigium So the Vineyard of Christ in every part of it will prosper best when the Vine-dresser himself doth walk about the Field Or to go higher as Moses said of the promised Land Deut. 11.12 It is a Land which the Lord thy God cares for the Eyes of the Lord thy God are always upon it from the beginning of the Year to the end So it runs like a Verse set to the same Tune to say that the Eye of God is all the Year long upon that Portion of his Church where the Diocesan is not a Stranger but a Co-habitant or if you will a Companion with his Brethren And the Bishop having now no more to do with civil Distractions bethought him instantly of the Duty of his Pastoral Staff made Provision for an Houshold which attended him in a great Retinue and removed from Barkshire without touching at London to Bugden in Hunting donshire His Privacy at Foxly conceal'd his Double-diligence to make haste to be gone lest more Anger should shower upon him if he tarried Wherein I espy into Salmasius his Note upon Solinus p. 327. That a Lion never runs away fast from his Enemies but when he hath got into a shady Wood and cannot be seen Ubi virgulta sylvasque penetravit acerrimo cursu fertur velut abscondente turpitudinem loco Beside he that felt the Frowns or rather the Despight of the Court by being near to it knew it was wholsome to change Air to be rid of that Disease as well as Hippocrates prescribes it for the worst Symptoms of the Body Aphor. 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To go to a new Soil is good to mitigate an old Sickness No question but being lodg'd now in his Episcopal Palace his most proper Watch-Tower he found it best for the best Health that of a quiet Mind and a good Conscience He was in the way to know himself better when he was more alone to himself than in late Years He was at rest to make use of the Verse of a judicious Heathen Tacitum sylvas inter reptare salubres Horat. Curantem quicquid dignum sapiente bonoque est He might now do as well as know the meaning what the Scriptures intend when they say that Rulers go in and out before the People For how can they go out unto them that are never in among them Else they may be out but never in Here this History hath found him and shall recount things most memorable that there concern'd him speaking after the rate of enough and not a jot beyond it This many both Friends and Strangers to him have desired often from the Author of this Piece to be informed in And it is a quaint Rule which fell from Pliny Lib. 35. c. 2. N. H. Nullum majus est felicitatis specimen quà m omnes scire cupere qualis fucrit aliquis He is happy that hath lived so that many desire to know how he lived Into which every one that looks will like this Order to proceed by to rank things praise-worthy on the right-hand as it were by themselves and all things on the other hand which fell upon him by
of the same Judgment with themselves and quite neglected others who were seldom gratified by their means but with driblets If a great Dignity fell void Virro sibi reliquis Virronibus illa jubâ—bit poma dari Juven sat 5. It had been better not to commit Affairs to the Sway of small Moments as they might seem which insensibly breed great Mutations Our great Prelates were great observers of Unity Whitgift Bancroft Harsnet Andrews Barlow Overal who pleas'd all sides indifferently because as touching Opinions about Predestination Converting Grace c. they made no discrimination which or which Propugners should be gratified in their Advancements Whose Foot-steps our Bishop followed who thought it the best Divinity to offend neither and the most Christian Charity to indulge his Favours and Preferments to both as it was open to the World He had read as much as most Men in those Controversies he discern'd Reasons Pro and Con to tilt one at another and each to stagger the other to the Ground He thought them worthy of Study but not of Faction worthy of crashing in the Schools but not in the Church and State in no wise to make as thick as a Wall of Partition between the Champions as between Piramus and Thisbe Give the Protestants their due on both sides they hold themselves within the Channel of the Scriptures in their Problems but the Dominicans and Jesuits tossing the same Argument too and fro have cut a Thousand Ditches out of the great River wherein there is more Mud by far than clear Water Such as Erasmus Scoffs in an Epist to one of the noble Family of the Greys p. 250. Quid ' tu Epimenidem somniasse reris quid aliud quà m subtilitates quibus se jactitant sophistae Let Epimenides dream of them Fifty Years and think of them as long when he was waking he should never find out the Abstruseness of that which God would not suffer to be comprehended Because both Parts appeal to Melanchthon let them imitate Melanchthon of whom thus in Thuanus's Hist Anno. 1568. Cui maximum tranquillitatis quietis studium ut nisi de necessariis minimè contendendum putaret Many that think the Bishop not the worse Patron for this Neutrality blame him that he gave Hospitality shew'd equanimity afforded kindness and sufferance to Puritans That 's ever the burden of the Satyr made against him by them that think it a Sin to speak well of any Faction but their own For certain St. Paul might be follow'd in a good Sense who was made all things to all Men that by all means he might save some 1 Cor. 9.22 There is a way to comply with the weak and with the strong Our Bishop was very communicable I have seen it with dissentient Brethren that did not conform whom he gain'd first with kindness and then brought over with Argument Antisthenes was cavil'd at for using to visit some Men that were not lik'd he defended it thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laert. p. 368. I go like a Physician to the Sick and catch not a Feaver of them If the Favours be grudg'd that the Anti-disciplinarians receiv'd let it stick upon his good nature for he could do no otherwise If a â—â—rk or a Scythâ—â— had tryed his Gentleness he would not have been uncivilly received As Carullâ— said of old Men whose Heads shake with the Palsie Omnibus omnia annuunt So a Suitor had mostly some nod from the Bishop with which he went away pleas'd But whatsoever he did for those of that part it was not much that came to their share for if a Vessel be suspected to leak the Cooper will pour in Water and not Wine to make experience Yet it was his Judgment and he reveal'd it to the King to allure some of the chief in Name and Worth among the Non-conformitants with some of the Dignities of the Church conferr'd upon them that it might draw more than themselves into a good Opinion of the Hierarchy 'T is wisely noted by Isocrates in his Oration for Peace 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All will wish that Polity to subsist wherein themselves are honour'd And he that will consider how circumspect the Nicen Fathers were to indulge Titles of Dignity to the Novatians or Cathari Can. 8. And how the African Fathers provided the like for the Donatists except the Bedlam Circumcellios Can. 68. Ut etiam ipsorum infirmitas leniùs excepta intus sanabilis fieret says St. Austin Epist 162. will not dislike such Meekness and Wisdom to allow the Chair of Government and some Pre-eminence to them that have been stubborn that we may obtain their Fellowship and Labour and addulce their Sourness And after Examples cast an Eye to a Simile that no Man ever lost by keeping a Coy-duck 45. The Seam of a slight Objection is sowed up but will unrip again because the Bishop is now to be brought into his Court of Jurisdiction He that had the common Laws and Statutes at his Fingers end he that was a great Canonist a learned Civilian a Master of Reason a dextrous Wit at dispatch that knew the fair and foul Dealings of the Spiritual Courts was as sit a Man as ever our Church had to be President of a Consistory In that Circle he was like Onias the High Priest as a morning Star in the midst of a Cloud Ecclus. 50.6 For Clouds there were and dark ones as no place of Judicature is without them The Bishop loved the Profession of the Civil Laws as Valentine to Divinity and pitied the Advocates that were shut up to meddle with so few Causes that they could neither shew their Learning nor thrive by their Studies Yet he did often tell them all are not dead that heard him that unless they proceeded in their Courts with Incorruption and Integrity with Impartiality in Causes and making choice of such Quarrels to come before them as vertuous Men thought fittest to be redrest a little would come to nothing Himself would not let Church-wardens be cited for the placing of the Holy Table nor the People for not coming to the Rail at the receiving of the Elements of the Lord's Supper It is a good Proviso which an Heathen gave Symm Ep. p. 14. Si adjiciantur insolita forsan consueta cessabunt By thrusting in new Ordinances old Obedience might be shaken Nor indeed are they or the like among those notorious things in the 109 Canon for which Offenders should not be admitted to the Communion till they were reform'd And such Injunctions are so obscurely and deducted so far off out of our known and establish'd Rules that they were to be offer'd and perswaded rather than commanded Constraint and Violence are not means to bring such things to uniformity More often by Sufferance Obedience will break in between their Wishes Likewise it was Vox populi and therefore not to be contemn'd that Officers Ecclesiastical did prosecute Presentments rather against Non-conformitancy of Ministers and People than for Debaucheries
Script and Memory after the ransacking of his Papers Therefore as Tully writes lib. 3. de Orat. Majus quiddam de Socrate quà m quantum Platonis libri prae se ferunt cogâ—andum That Socrates was a braver man than Plato had made him in his Dialogues So I have not made Dr. Williams so compleat a Bishop as he was he was more than I have describ'd him and would have been far more than himself had attain'd to if the Messenger of Satan had not been sent to busset him in many Troubles and Trials lest he should have been exalted above measure 63. After much that hath been dilated in this Book pleasing for Peace and Honour Praise-worthy for Merit and Vertue I must make room for Grief it will thrust in into every Registry and Chronicle into the remembrance of any man's Life which is continued from the beginning to the end Says â—lato in his Phaedon after his way of a Fable-frame of Philosophy when Jupiter could not make Joy and Sorrow agree 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He yoked their Heads together that they could never be parted Therefore those things which God's Providence hath joyn'd inseparably no Pen can put asunder so that the Current of this History hitherto clear must fall into a dead Sea-like Jordan The Good which this famous Bishop did must be continued with the Evil which he suffer'd As Polusiote writes of Jeremias that he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the most passive the most persecuted of all the Prophets So of all that this Church had preferr'd to the like Dignity except them that resisted to Blood none was wounded with so many Darts of Despight as this man or aviled with so many Censures or stood so long in chase before his Enemies Having delivered up the Great Seal from the first day that he removed to Bugden all Promises were broken which gave him Assurance of Countenance and Safety and the place to which he was bidden to go as to a Sanctuary assorded him no more shelter than an Arbour in the Winter against a Shower of Rain Therefore to keep off Mistakes be it noted as to the time it was the same wherein he lived so like a Bishop and wherein he suffer'd so like a Confessor But Method distinguisheth those Troubles by themselves like Tares gathered from the good Wheat and bound in their own Bundles Some are greater practis'd upon no Subject before nor fit to be done hereafter Some are lesser matters yet not unworthy my Hand When they are disposed Limb by Limb and in order as they were done there will be much of them I would they had been less and be known to be enforced without Shame of the World with so much Wrong and Rancour that an indifferent Reader will depose there needs no Fiction nor Colour to make them worse than they were Those that were outdone in the first place were outgone by them that came after Quid prima querar Quid summa gemam Pariter cuncla deslere juvat Sene. Her Oet What the last and greatest should have been is unknown because they came not to that Birth It was decreed by Men but undecreed by GOD who sent his Judgments upon all and brought both Actors and Sufferers to utter Ruin by that Parliament which held us as long as the issue of Blood held the Woman in the Gospel Twelve years Mat. 9.20 It was no thanks to his Foes to give over then It was strange they would not give over till then when one black day like a Dooms-day blended the whole Hierarchy and with their Lordships Leave the Nobility in one mass of Destruction Those underfatigable Enemies that pursued him knew that he could never fall so low while he was alive but that there was Worth which was like to get up and rise again He had never felt such Sorrow if he had been contemn'd It was his ill luck to be feared because of the great Powers of his Mind whom none had cause to fear since he never fought Revenge Then they saw he would stand upright and never stoop after they had loaded his Back with so many Burthens which made them obstinate to proceed and labour in vain to crush out that which was not Wind but Spirit The Mountainous Country of Wales wherein he was born breeds hardy men but sew his Equals which Courage is no more to be forgotten than the twelve Labours of Hercules Let Xenophon speak for Socrates so must I for this Hero 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Apolog. in sine Observing the Wisdom and Generosity of the Man I cannot but remember him and when I remember him I cannot but praise him Neither were it useful I will subscribe to it to bring up his Sufferings from the Dead now he is gone unless the People that come after may be made the wiser and the stronger by them if they fall into the like But noble Examples are like the best Porcellan Dishes of China which are made in one Age laid up in the Earth and are brought forth to be used in another That 's the Goal I drive to And those Circuitions which are brought in for those Applications sake will make that which might be shut up in a little swell into a Volume Casaubon gives us this Warning of Polybius in his rare Preface before him Ita narrat ut moneat Personam historici cum assumpsit Polybius non in totum exuit philosophi Folybius was a Philosopher in his History so would I be and more a Teacher of Christ and the Laws of his Church as I am by Ordination 64. For an entrance I take my method from a wise Artist concerning the long and dangerous Adventures of his Aeneas to search into the Cause Quo numine laeso which way it came about since there was no man living whose Harm this Bishop wish'd that he could never find his Peace and Prosperity again when once he had lost them Why principally I cast it upon his Sins What Man is without them And his were not many but those some were great ones a lofty Spirit whose motion tended upward restless to climb to Fower and Honour And not one among an hundred of great Aspirers that live to see quiet days And this was joyn'd with too much Fire in the passion of his Anger in which Mood indeed which is strange he would reason excellently and continue it in the very Euro-clydon of his Choler as the Low Germans are most cunning at a Bargain when they are more than half tippled But in such an evil extasie of the Mind words would fall from him or from any which pleased not Men and were hateful to GOD Let these stand for the Fore-singer that points to the cause of his bitter Encounters Every man 's evil Genius that haunts him is his own Sin which wipes not out any paat of the Good which hath been written of him before The same man appears not the same but another in some miscarriages Polybius lib. 16. commends
illa quibus conciliatur plebis animus cò usque ne differantur donec ea praestare cogi videantur Passing right is Sir J. Haward's Hist of H. IV. p. 4. says he The Multitude are more strongly drawn by unprofitable Courtesies than by churlish Benefits Among those that argued for this Petition de Droit I shall remember what past from two eminent Prelates Archbishop Abbot offer'd his own Case to be consider'd banish'd from his own Houses of Croydon and Lambeth confin'd to a moorish Mansion-place of Foord to kill him debarr'd from the management of his Jurisdiction and no cause given for it to that time harder measure than ever was done to him in his Pedagogy for no Scholar was ever corrected till his Fault was told him But he had fuller'd the Lash in a Message brought by the Secretary and no cause pretended for it And what Light of Safety could be seen under such dark Justice The Bishop of Lincoln likewise promoted the Petition but he was a great Stickler for an Addition that it might come to the King's Hands with a mannerly Clause That as they desir'd to preserve their own Liberties so they had regard to leave entire that Power wherewith His Majesty was entrusted for the Protection of his People which the Commons disrelish'd and caused to be cancell'd This caused the Bishop to be suspected at first as if he had been sprinkled with some Court-holy-water which was nothing so but a due Consideration flowing from his own Breast that somewhat might be inserted to bear witness to the Grandeur of Majesty A Passage in Xenophon commends such unbespoken Service lib. 8. Cyrip says he Hystaspus would do all that Cyrus bade but Chrysantus would do all which he thought was good for Cyrus before he bade him 77. In the Debate of this great matter among the Lords this Bishop hath left under his own Pen what he deliver'd partly in glossing upon a Letter which His Majesty under the Signet sent to the House May the 12th partly in contesting with the chief Speakers that quarrel'd at the Petition As to the former First the King says That his Predecessors had never given Leave to the free Debates of the highest Points of Prerogative Royal. The Bishop answered The Prerogative Royal should not be debated at all otherwise than it is every Term in Westminster-hall Secondly the Letter objects What if some Discovery nearly concerning Matters of State and Government be made May not the King and his Council commit the Party in question without cause shewn For then Detection will dangerously come forth before due time Resp No matter of State or Government would be destroyed or defeated if the Cause be exprest in general terms And no danger can likely ensue if in three Terms the Matter be prepared to be brought to Trial. Ob. 3. May not some Cause be such as the Judges have no Capacity of Judicature or Rules of Law to direct or guide their Judgment Resp What can those things be which neither the Kings-bench nor Star-chamber can meet them Obj. 4. Is it not enough that we declare our Royal Will and Resolution to be which God willing we will constantly keep not to go beyond a just Rule and Moderation in any thing which shall be contrary to our Laws and Customs And that neither we nor our Council shall or will at any time hereafter commit or command to Prison for any other cause than doth concern the State the Publick Good and Safety of our People Resp Not the Council-Table but the appointed Judges must determine what are Laws and Customs and what is contrary to them And this gracious Concession is too indefinite to make us depend upon that broad Expression of Just Rule and Moderation Especially be it mark'd That all the Causes in the Kingdom may be said to concern either the State the Publick Good or the Safety of the King and People This under Favour is abundantly irresolute and signifies nothing obtain'd Obj. 5. In all Causes hereafter of this nature which shall happen we shall upon the humble Petition of the Party or Signification of our Judges unto us readily and really express the true cause of the Commitment so as with Conveniency and Safety it be fit to be disolosed And that in all Causes of ordinary Jurisdiction our Judges shall proceed to the delivery or bailment of the Prisoner according to the known and ordinary Rules of this Land and according to the Statutes of Magna Charta and those six Statutes insisted on which we intend not to abrogate or weaken according to the true intention thereof Resp To disclose the cause of Imprisonment except Conveniency and Safety do hinder are ambiguous words and may suffice to hold a man fast for coming forth And if all Causes be not of ordinary Jurisdiction as I hope they are who shall judge which be the extraordinary Causes We are lost again in that Uncertainty So likewise for the Intention of Magna Charta and the six Statutes who shall judge of the true Intention of them That being arbitrary we are still in nubibus for any assurance of legal Liberty So the Concessions of His Majesty's Letter were waved as unsatisfactory 78. And the Bishop went on to shew that the Contents of the Petition were suitable to the ancient Laws of the Realm ever claimed and pleaded expedient for the Subject and no less honourable for the King which made him a King of Men and not of Beasts of brave-spirited Freemen and not of broken-hearted Peasants The Statute in 28 Edw. 3. is as clear for it as the day at Noon-tide That no man of what state or condition soever shall be put out of his Lands or Tenements nor taken nor imprison'd nor disinherited nor put to death without being brought to answer by due process of Law I know one Lord replied to this lately That the Law was wholsom for the good of private men and sometime it might be as wholsom for the Publick Weal that the Soveraign Power should commit to Custody some private man the cause not being shew'd in Law upon more beneficial occasion than a private man's legal Liberty And though the Hand of Power should seem to be hard upon that one person a Benefit might redound to many First be it consider'd if no Law shall be fixt and inviolable but that which will prevent all Inconveniencies we must take Laws from God alone and not from men Then be it observ'd that to bring the exception of a Soveraign Power beside the Laws in Cases determined in the Laws takes away all Laws when the King is pleas'd to use and put forth this Soveraign Power wherewith he is trusted and makes the Government purely arbitrary and at the Will of the King So shall this Reason of State eat up and devour the Reason of Laws Shew me he that can how the affirmation of a Soveraign Power working beside the Law insisted upon shall not bring our Goods and our
1. That the Certificate from the Country layeth nothing to my charge 2. That I never gave Direction for receiving of any Fees but took those only which were deliver'd to me by the Register 3. That I conceived the Fees of Lincoln Diocess to be much lower than of any other in England which the L. Wentworth seemed to confess to be so 4. That if the Register did receive 23 s. 4 d. of every Clerk instituted for the Bishop's Fee it was no more than the Table allow'd 5. That the Fees question'd were received by my four immediate Predecessors Bishops Mountain Neale Barlow Chaderton Which four Bishops take up a space of time which extends beyond the Table of Fees And the L. Wentworth said he believed as much and promised to report it 6. My L. of Winchester is able to assure as much that these are the ancient Fees of the Diocess and that I believe my â—â— of London who was beneficed and dignified in this Diocess and hath twice or thrice paid the said Fees in his own person can and I doubt not will be ready to testifie as much 7. That for mine own part and mine own time I was ready to lay all my Fees being God wot a most contemptible Sum at your Majesties Feet to be disposed of as your Majesty pleased Nor had I ever in my Life toucht one Penny of the same but given it away from time to time to mend my Servants Entertainment 8. That the 135 th Canon mentioned by the Commissioners refers the examination of all Fees in question not settled by Acts of Parliament to the Archbishop only and the Cognizance ecclesiastical who is the only proper Judge of these Questions Therefore I humbly beseech your Majesty that I may not be drawn to contest with my Soveraign in a Suit of Law of so mean and miserable a Charge as this is but rather if those two reverend Prelates shall not be able to satisfie your Majesty you will be pleased to hear me your self or transmit the Cause to the Lords of the Council or where it is only proper to be heard to the Archbishop of the Province and that Mr. Attorny-General may stay the Prosecution elsewhere which I shall embrace with all humble Duty and Thankfulness c. Which reference to the Archbishop was granted who did authorize the receiving of those Fees for the present De benè esse only And after Sir H. Martin and others had examin'd the Tables Registries and Witnesses of Credit and Experience for the Antiquity of the same upon their Report the several Fees were ascertain'd by his Grace's Subscription for the time to come So true is that of Euripides in Supplic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that was low in Favour got the better of him that was great in Power in a good Cause 93. Remember that in this petitionary Letter the Bishop calls himself the King's Chaplain but not his Counsellor for about a year by-gone the King had commanded that his Name should be expunged and not remain in the Catalogue of those honourable persons And who is so faithful among all thy servants as David 1 Sam. 22.24 Yet so it was decreed he must not challenge the Privilege nor keep the Ceremony of the Name and more he had not in four years before No worse an Author than Sir E. Coke tells us in Jurisd of Courts p. 54. By force of his Oath and Custom of the Realm he that is a Privy Councillor is still so without any Patent or Grant during the life of the King that made choice of him But before whom can this be tryed And who shall decide it It will scarce come within the Law and when a King will hold the Conclusion he will be too hard for any man in Logick Let the Masters of the Republick contend about it whose Counsellors have changed as fast as the quarters of the year Surely His Majesty shewed himself much offended in this action yet it is better for a King not to give than to take away which Xenophon put into Cyrus's Mouth lib. 7. C. Paid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It imprints more Offence in a man's Mind to be deprived of that he had than to be pretermitted in some Kindness which he never had Since it was no better the Bishop thought he might ask a noble Friend in Good-manners it was the Earl of Holland what had kindled the King's Anger that he would not allow him the empty Title of a Counsellor The Earl answer'd him home and ingenuously That he must expect worse than this because he was such a Champion for the Petition of Right and that there was no room at the Table for those that would abide it Which was like the Fortune oâ— Poplicola Honoris sui culmen insregit ut libertatem civitatis crigeret Symma p. 3. He forfeited his Honour to maintain the Laws which being not maintained the People are not only Losers but a Kingdom will look like a Tabernacle taken down whose Pins are unfastened and the Cords of it broken To gall our Bishop with assiduous recurrent Umbrages for Pismires wear out Flints with passing to and fro upon them the Christening of Prince Charles being celebrated in the Chappel of St. James's House Jun. 27. 1630. and all the Lords Spiritual and Temporal about London being invited thither to make the Splendour eminent the Bishop of Lincoln only was left out and not admitted to joyn in Prayer and Joy with that Noble Congregation The more sharp Diseases suffer not the lesser to be perceived yet this Omission light as it might seem did twinge him even to outward demonstrance of Dejectedness that in so good a day wherein the Clemency of the King should have run at waste to all men that then he should be separated from his Countenance and this Solemnity But says he in one respect it was well for I would not have said Amen to Bishop Laud 's Prayer which he conceived for the Royal Infant and was commended to all Parish-Churches in that passage Double his Father's Graces O Lord upon him if it be possible No Supplication could be better than to crave encrease of Grace for that Noble Branch for when a Prince is very good God is a Guest in a human Body But to put in a Supposal whether the Holy Ghost could double those Gifts to the Child which he had given to his Father and to confine the Goodness and Almightiness of the Lord it was three-piled Flattery and loathsome Divinity Let Cartwright and all his Part shew such an Exception against any line in our Common-Prayer and I will confess they have some Excuse for their Non-subscription To carry on mine own Work When it was known what small esteem His Majesty had of this Bishop it raised him up the more Adversaries who catcht at every thing that was next and turn'd it to a Weapon to strike him of which Sir Robert Osborn High-Sheriff of Huntingtonshire
or Constitutions differing from the alledg'd or did vary in their Judgment that they would send their Reasons and they should be kindly and thankfully accepted How could a Prelate carry himself with more Moderation or a Scholar write with more Modesty or a Variance be more suddenly composed as it was with more Indifferency Did this Letter deserve to be ript up nine years after and torn into Raggs by an angry Censure 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odyss w. It will be a dishonour to the Times that Posterity should hear of it I see if the Dr. had been in the place of the Bishop he would have led the Parish of Grantham another Dance to their cost and vexation Many that are in low condition are best where they are As Livy says lib. 1. dec 5. Quidnam illi Consules Dictatoresve facturi erant qui proconsularem imaginem tam trucem saevÃmque fecerint If such had been the Consuls and Dictators of the Church what would they have done who flew so high when they had no Authority 99. Scan this now both for the Form and Matter before equal Judges in some Moral and Prudential Rules The Letter or private Monition as he calls it that drew it up Hol. Tab. p. 82. was written nine years before and in all that time had gained this Praise that it savour'd of Fatherly Sweetness to satisfie the Scrupulous by Learning in matter of Ceremony rather than to strike the case dead with Will and Command The Contents of it had been quoted in a Parliament with well done good and faithful Servant thou hast been faithful in a little A Divinity-Professor in his Chair Dr. Pr. had spoken reverendly of it by the relation of many it was punctually read or opened fully to the King at the hearing of the Cause of St. Gregory's Church Ho. Tab. p. 58. and no Counsellor did inform that it was disparaged A Litter of blind Whelps will see by that time they are nine days old and was the Answerer blind that could not see the reputation this Paper had got by that time it was nine years old Let a Presbyter for me dispute the truth with him that is of the greatest Order in the Church yet what Canons will suffer him to taunt and revile a Bishop whose whole Book was but a Libel against a Diocesan p. 58. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Clem. Const lib. 2. c. 31. Which Canon will not allow a Clerk of a lower degree to raise an evil Murmur against a Bishop Much of the like is an Antiquity from Ignatius downward Their supereminent Order is not to be exposed to petulant Scoffings by their own Tribe Sed servanda est uniuscujusque Episcopi reverentia says Gregory Ep. 65. Ind. 2. since the Age grew learned and Knowledge puffed men up Ministers are more malapart among us and in every state with the Fathers of the Church but from the beginning it was not so If the like to this had been done upon the Person of another Bishop he would have been taught better Manners that had presum'd it The Example is the same wheresoever it lighted and might have taught them that where Reverence is forgotten to any of the chief Order that he that abuseth one doth threaten many It is a sad Presage to my Heart to apply that of Baronius to them that did not maintain the Honour of their Brother Quod Praesides ecclesiarum alter alterius vires infringebant Deus tranquilla tempora in persecutiones convertebat an 312. p. 6. These Annals prevent me not to forget that for a better colour to make licentious Invectives the Respondent takes no notice that a Bishop wrote the Letter For why not rather some Minorite among the Clergy Indeed it had not the Name but the Style tells him all the way that it could come from none but the Diocesan of Grantham Therefore I will give him his Match out of Baronius anno 520. p. 22. Maxentius contra epistolam Hormisdae scripsit sed ut liberam sibi dicendi compararet facultatem Hormisdae esse negavit sed ab adversariis ejus nomine scriptam esse affirmans This is a stale Trick to bait a Pope or a Prelate in the name of one that was much beneath them Sternitur infoelix alieno vulnere Aen. lib. 10. but he that wilfully makes these mistakes I take him for what he is I pass to the main Question What did this Letter prescribe that it should be torn with the Thorns of the Wilderness It pared away no Ceremony enjoyned O none further from it but it moderated a doubtful case upon the Mode and Practice of a Ceremony how the Communion-Board should stand and how the Vicar in that Church should pray and read at it for best edification of his Flock He must give me time to study upon it that would demand me to start him a Question belonging to God's Service of less moment Had the Gensdarmery of our great Writers no other Enemy to fight with Nothing to grind in their Brain-mill but Orts This the Colleges of Rome would have to see us warm in petty Wranglings and remiss in great Causes as Laertius says of one Xenophon of the Privy-Purse to Alexander the Great 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 632 He would quiver for cold in the hot Sun and sweat in the Shade It was a Task most laudably perform'd by Whitgift Bridges Hooker Morton Burgess to maintain the use of innocent Ceremonies with whom Bishop Williams did ever jump and as Fulgentius says in P. Paulo's Life would defend and observe all Ordinances the least considerable and no whit essential But this was a great deal below it to litigate not about the continuance but about the placing of a Ceremony an evil beginning to distract Conformists who were at unity before and to make them sight like Cocks which are all of a Feather and yet never at peace with themselves Wo be to the Authors of such Cadmaean Wars Quibus semper praelia clade pari Propertius A most unnecessary Gap made in the Vine yard through which both the wild Boar our foreign Enemy and the little Foxes at home may enter in to spoil the Grapes Plutarch lib. de Is Osyr tells me of a Contention between the Oxyndrites and Cynopolites who went to War for the killing of a Fish which one of the Factions accounted to be a sacred Creature and when they were weaken'd with slaughter on both sides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in sine the Romans over-run them and made them their Slaves Let the Story be to them that hates us and the Interpretation fall upon our Enemies 100. Yet will some of the stiffer Faction say it was time to clip the Wings of this Letter or if it could be done to make it odious abroad for the Mctropolitan intending one common decency in all Churches of his Province about the Table of Christ's Holy Supper this Paper six years older than his translation to the See of Canterbury
had even his Books were seized and he deprived of his Library He could not fight without his Arms or how could the Bell ring out when they had stoln away the Clapper Baronius pitties Photius whom he could not abide for sustaining that hard usage an 871. p. 14. and brings him in complaining to his unkind Lord Basilius of whom he had deserved better Libris privati sumus novâ in nos excogitatâ poenâ librorum amissio non est poena in corpus sed in animam But hear himself speak Epist 97. of Bishop Montague's Edition that Constantine had censur'd some Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Yet he spoiled them not of their Goods nor deprived them of their Books But the Bishop of Lincoln found not that mercy because he might be indefensible and bear the Reproaches that fell thick upon him Even sorry Clerks came into the Lists when they knew they should not meet the Champion Children talk most when they can speak least sence Among these was a Doctor like Theophrastus's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Ardelio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that will be a Guide to Travellers when he knew not a foot of the way He thrust out his Altare Christianum to revile his Master and his Patron for the Bishop in his great Office had protected him against a Justice of Peace who had served this Doctor with a Warrant for some Misdemeanors the then L. Keeper put the Justice out of Commission for it and made this Doctor a Justice in his place took him to be his Chaplain kept him often by some months together in his House bestowed on him a Prebend in Lincoln Church commended him to the L. Chamberlain to swear him the King's Chaplain in ordinary and prevailed Indeed the Dr. lost some favour with the Bishop at last because he was a Tell-tale and made needless Complaints against his Brethren In those black days when the Bishop was over-clouded this man strikes at him with all the force of his no-great Learning Want makes men busie and industrious the man wanted Preferment for he would not have been so fierce if he had been full The Puritans might sit still and look on when the King 's Chaplains were allowed and preferred for their forwardness to do disgrace against a Bishop There was a time when those factious Romans were most extolled that cried down their honourable Patricians Quae res Marii potentiam peperit reip ruinam Match Resp lib. 1. c. 5. Now if these two Doctors think they got the Garland because no Answer was made to their Books let them wear it if they desired work to write more and to get Mony by the Press like the diurnal Scribler they were disappointed And well did Camerarius content himself not to defend Melancthon against the Flaccians because it was in vain to meddle with them they had no Forehead to be ashamed if they were convicted Et ad unum probrum statim erant quae adjicerentur decem So far if not too far upon the Bishop's Letter and his Book The Holy Table to set some Ceremonies in order in the Church of Grantham and I will listen to Sidonius lib. 8. c. 1. Post mortem non opuscula sed opeea pensanda We are to consider after a good man's Death his Works of Bounty and Mercy rather than his Books of Controversie 107. It was not Art but Power it was not a Book but a Bill that crush'd our stout Prelate All other Billows even to the Rage of his Enemies lifted him up but this sunk him Now I must bring his Boat to the Tower-wharf the worst landing-place in all the River 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Court and Court-luck for Company from that day forward farewel he never more lookt for good from you Here 's as much occasion to open a wide Gate to let in Complaint and Sorrow as any case will afford upon the oppression and downfal of the most compleat Bishop that the Age afforded take him in the latitude of all his Abilities Yet Thankfulness was not sensible of the Good-turns he had done nor Honour of his Affronts nor Justice of his Wrongs nor Wrath of his Sufferings nor Charity of his Undoing If the Prosecution against him were fair and the Sentence righteous let him not be pitied nor the Blot wiped out from his Memory Se quisque ut vivit effert As he lived so let him hear well or ill being dead But he was so secure so ready to represent his Cause to the Judgment of the whole Kingdom that against a Parliament was call'd in April 1640. he drew up the whole matter of his Suits and Troubles in twenty sheets of Paper to offer it to that Honourable House for their severest Review And if his Remonstrance were a Clamour and not a just Complaint he invited his Judges to lay a new and a severer Censure upon him And it is fit that every Complainant should be devoved to that Court of Justice wherein he begins a Quarrel to suffer as much Penalty if he make not good his Bill as he would have those to undergo whom he challenged for his pretended Injuries Which was Roman Law in Symmachus's days Ep. p. 67. Provisum est ne quis temerè in alieni capitis crimen irrueret nisi se idem priùs poenae sponsione vinciret But it came not to that dint for this Parliament was bespoken four months before and was dissolved when it had met but three weeks A Duck could not hatch an Egg if she had sate no longer The opportunity therefore was prevented for the Plaintiff to make use of his Papers which were prepared for this Parliament Fortune had mock'd him if he had tryed her Courtesie at that time who is a true Handmaid to no Mistriss but Good-occasion Yet this Memorial of his Case which came not to their Hands but to mine so large so exact so fairly copied without expunction of a word without interlining or the least correction in the Margin is fortunately kept till now when so many noble Registries have been torn and embezzled in these consuming times to content both itching Curiosities and staid Judgments that would know the Truth out of which I will glean up faithfully a few handfuls and no more for these reasons First For the length it may pass for a Book and I affect not to make this Book swell with the incorporation of another Secondly The Press at London by hook or crook lights upon every man's Papers and doth license it self to publish them the more shame for them that are in power and do not mend it And to save me the pains Lincoln's Star-chamber-Trial will come ere long into the Fingers of some sharking Broker of Stationers-hall and be entred in there for his own Chattel as well as the Author's Prayers and Meditations made Anno 1621. for the use of L. M. B. which I glanced at in their due place which a bold fellow hath filed up in his
were living But though they are all under Earth Faith forbid that their Names should be abused to a wrong Report To keep History uncorrupt from such baseness 't is daintily observ'd out of the Poets by Salmasius Clymac p. 819. Apud orcum defunctae animae jurare dicuntur ne quid suos quos in vitâ reliquerint contra fas adjuvent The Souls departed take an Oath not to help their surviving Friends against Justice But no such Protestation needs in this Cause There is a Petition to be produced written with the Hand of Dr. Walker a Gentleman living and well known wherein His Majesty is minded that he had cancell'd this Complaint and had given his Royal Hand to confirm it What could be more sure Yet it turn'd to nothing the Wound was never suffer'd to heal by the daily Whispering of Bishop Laud diligent in the King's Ear. You may read of one in Suetonius's Caligula Cui ad insaniam Caius favebat So the King suffer'd this Prelate in excess of Power to turn and return Causes as he would and was obnoxious by the bewitching of his Tongue to facility of Perswasions to grant and retract as he possest him Which was seen too late in this excellent Passage of His Majesty in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I wish I had not suffer'd mine own Judgment to be overborn in some things more by others Importunities than their Arguments As Erasmus wrote honestly to a mighty Monarch Harry the Eighth Ep. p. 74. Eximia quaedam inter mortales res est Monarcha sed homo tamen And with much liberty our Poet Johnson in his Forrest p. 815. I am at feud With that is ill tho' with a Throne endu'd The Faults of the Blessed Charles were small yet some he had who having assured Lincoln he should never be question'd again about the matter brought against him by Lamb and Sibthorp yet remitted it to the Star-chamber The Defendant conceived it would spend like a Snail or the untimely Fruit of a Woman but when he found himself deceiv'd and that the Cause was glowing hot in Prosecution he sought the King's Clemency Quaedam enim meliùs fugiuntur quà m superantur it is in Erasm Ep. p. 18. He thought it better to fly the Trial than to get the Cause and he put up this which follows into the Hands of His Majesty The Humble Petition and Submission of John Bishop of Lincoln c. THAT although he is innocent from any Crime committed against your Majesty in thought word or deed yet abhorring as he finds by Presidents all other Bishops of this Realm have done Placitare cum Domino rege to have any Suit with his Sovereign Lord Master and Patron he casts himself in all humility at Your Majesties Feet and implores your Royal Mercy and Clemency Non intrare in judicium cum servo tuo coveting to ascribe his Deliverance to Your Majesties Clemency And whereas your most Excellent Majesty having in the fourth year of your happy Reign received the Opinion of the four Lords Committees concerning these very self-same Charges did in your Majesties Gallery at Whitehall admit this Defendant brought in by the Right Honourable the Lord Treasurer one of the said Committees to kiss your Majesties Hand and did use unto him this Defendant in the presence and hearing of the said Right Honourable Lord these gracious words That your Majesty was pleased to forgive all that was past and would esteem of this Defendant according as he should deserve by his Service for the time to come He most humbly beseecheth your most Excellent Majesty that according to that so gracious Remission and Absolution no further Prosecution at your Majesties Suit may be used against him concerning the said Charges all which he doth the rather hope for from your Majesty because he is a Bishop that hath endeavoured not to live scandalously in his Calling and hath formerly had the Favour from Almighty God with his own Hands to close your Majesties Father's Eyes and to have written and drawn up that Commission and Contract for your Majesties Marriage whereupon ensued to this Kingdom a most unvaluable Blessing and heartily prayeth that God who hath delivered your Majesty from your late Sickness may bless you in all Health Happiness and Prosperity So far the Petition I will not teach the Reader what Sallads to pick out of it but only the Herb of Grace that the Bishop kist the King's Hand upon the assurance of his Peace that the Offence which was taken was buried and should never rise up in Judgment more Nihil periculi Soloni à Pisistrato Diog. Laert. Now who ever liked Julian the Cardinal that made Ladislaus K. of Polonia break his League with the Turk And who will defend B. L. that made his Soveraign break his word with his Subject It was he and none else that put in an unseasonable Bar to hinder Lincoln the fulness of the Benefit I know none that had the nearest part in B. L's Favour that can deny it And let them turn it about as they will is it possible they should excuse it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is Theodoret's Ep. 2. Children see no uncomeliness in their Parents But although they will see no ill in the Person they must in the Fact For what a Trespass is this in Justice to punish that which was forgiven Let the King do Righteous Judgment like God in whose Throne he sits before whom this holds inviolable Peccata dimissa nunquam redeunt No not original Sin when remitted in Baptism it shall not be imputed to them any more that are damned for actual Crimes whereof they did not repent So Grotius cites it out of Prosper in Matth. c. 18. v. 34. Extinctam semel obligationem non reviviscere sed propter postrema crimina affici The most that seems to be against this Rule but falls in with it is this That when former Sins are forgiven and new ones are superadded the latter shall be punish'd the more for the ungratefulness of the Sinner Non quod jam remissa puniantur sed quod sequens peccatum minùs graviter punâ—retur si priora remissa non fuissent says Maldonat My Sentence is at the last of all with Syracides c. 29.3 Keep thy word and deal faithfully revoke not your Kindness pluck not up the Seeds of a Benefit which you had sown with your own Hand It is worse to turn Mercy than Justice into Wormwood 111. Destiny is unavoidable A Bill is filed in the Star-Chamber and prosecuted for the King for Revealing his Councils The Defendant made him ready for his Answer and plyed the King with Petitions together in Parody like Virgil's Aeneas Et se collegit in arma Poplite subsidens At first he tried Bishop Laud if he would be so generous as to heal the Wound that he had made and anointed him with the Weapon-Salve of remembrance of Friendship past and protestation of the like for ever he courted him to
mediate for him And was it not likely he would think who had procured him his first Rochet well fringed with good Commendums But what Suspicion to find a thankful Man did bring Lincoln into this Error 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says Pindar Old kindness is fast asleep and Men are forgetful This Hand return'd him nothing from his Majesty but Denials and Despairs as if he had lighted upon one of the Genethliaci or Figure-Casters that never portend a good Horoscope to any or as I may better set it down in Gassendus's Complaint De Pareliis p. 309. Ita praeposteri sumus ut nunquam captemus bona omina A good word from so gracious an Agent would have cleared any man who made Lincoln's Fidelity more suspected to his Royal Master Bishop Laud knew him how strong he was in his Intellectuals how fit to manage Civil and Church Affairs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Tully translates it out of Aratus Huic non una modo caput ornans stella relucet He thought it a disparagement to have a Parage with any of his Rank and out of Emulation did dry his Substance that it might not flow so fast into Charitable Works Therefore as the Oratour wrote to Atticus Qui mihi pennas inciderunt nolunt easdem renasci so he kept the Feathers of the other short that they might not grow again to fly before him Lincoln took it not a whit to heart because he foresaw it I have heard him say Though I did as much for him as I could when he wanted me yet I knew he would fail if ever I wanted him What remedy but the Cause which had rotted three years in the Dung must now be made ripe a Mischief which had lyen like a Match kindled to give fire to a Train of Powder long after So it came to be sifted by the great Abilities of Mr. William Noy Attorney General a Man of Cynical behaviour but of an honest heart to his Friends and Clients and both together did become him This famous Lawyer profest a great averseness from dealing in this Cause for he wanted a Ground to plead upon The Defendant maintains that he had opened no Counsels of the Kings but what he spake to Lamb and Sibthorp was Parliamentary Communication Let the Peers and Commons look to it it concerns them all that their Priviledges be maintain'd to be unquestionable for those things which past from one to another at that season who by the Writ that Summons them do meet as Counsellors for great Affairs concerning the Church and Commonwealth And by this very Demurrer Mr. Selden about two years before had quash't a Bill which was preferr'd in the Star-Chamber against him in a like Accusation Neither contemn the Inconvenience because the storm fell upon one Bishop and no more The whole Tree was as good as unfastned when one Bough was shaken It is a good Caution in Arist 5. Polit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is all assumed to say The Danger is not great that lights upon one or two Particulars when by that Entrance it will break in upon the whole Kind Be it known therefore that this Bill was kept under Hatches and never came to hearing For which way could the Council stir to plead upon it As great a Pleader as ever lived Demosthenes gives us this Rule Olynth .. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As the Foundation of an House and the Keel of a Ship must be laid strong and firm so should the Foundations of all Actions But in this charge let Wit and Learning turn it self every way there was no Bottom to build upon Therefore Mr. Noy after two years grew weary of it and slackned the Prosecution He died untimely for our Bishop's good who acknowledgeth it under his Hand That he dealt fairly with him not reckoning by his Maundings and rough Language which came from him to please the supervising Prelate But Lincoln never felt harm from him whose Finger he cut but with the back of his Knife Therefore I pronounce him innocent of this Man's ruin upon the reason that Ulysses spared Terpiades Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He sung such Songs as the riotous Suitors of Penelope would have him by constraint and necessity 112. Who have we next to play this Game but notorious Kilvert and for the same reason that God gave why Phocas was made Emperour of the World because there was not a worse Hem Si quid rectè curatum velis huic mandes oportet A Man branded long before in a Parliament for Perjury a Knight of the Post as we call it A Name which some learned Scholar gave at first to such Catives For Casaubon in his Theophrastus shews out of Pausanias in his Atticks that perjur'd Men were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that usually stood about the Panathenaick Race-posts called Adrettum to be hired to give a Testimony whether it were right or wrong Here 's one that wore that Badge and our Bishop writes more and Truth in all That in scorn of Justice for many years he lived from his own Wife a vertuous and well-born Gentlewoman whom he had stol'n away from her Parents and lived in open Adultery with another Man's Wife one Mr. Bines hard by White-hall and begot divers Bastards upon her Body besides his other Debaucheries and Infamies of all kinds This Man as himself avouched was found out and employed by Archbishop Laud by this time he is in that Throne by Secretary Windebank and Sir J. Lamb to prosecute the Cause against the Bishop without entring him as a Prosecutor upon Record as he ought to have done and was assured he should advance his Fortunes thereby which was truly perform'd This Fellow interloping into the Prosecution of the Cause disturb'd it in every point of the due Proceeding left not one Rule or Practice of the Court unbroken menacing and intimidating Witnesses Clerks Registers Examiners Judges and the Lord keeper himself One that would undertake any Office to serve Greatness and would preserve their Favour that kept him upon any Conditions who lack't not such Wisdom as St. James abhors c. 3. v. 15. which is earthly sensual devillish whose Description I cut off with that which Cutzen the Jesuit said of Illyricus from his own Opinion about Original Sin Cujus vel substantia peccatum est a vitiated Leper in his whole Substance O evil World that the Vices of such a Creature should make free way for him to be gracious instead of Vertues how much do Powers and Dominions dishonour themselves when it is not close but openly seen that such Instruments have their Countenance nay their Recompence Budaeus lib. 1. de As f. 15. spared not a great one in France for that Error Immemor personae quam gerebat quod virtuti debebatur illiberali obsequio dandum esse censuit While Kilvert ranted it and bore down all Justice before him there was not an honest Man either that acted in this matter or only look't
hold the quarrel broke out into a collateral Point the weighing of the Credit of Jo. Pregion a man that had enjoyed two Oâ—lices of great account for divers years and was never questioned before this time in his Reputation So the Siege of Troy was forgot and the Battel was drawn out on both sides to get or to recover the Body of Patroclus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Il. Ï. The Bishop could not defend his first Cause without the Testimony of Pregion which made him diligent to keep his good Name from being stained and the Adversaries were as resolute to Impeach him looking to spring up a new Information from the Defence of the old Matter This tugg held eighteen Months to the Bishop's Vexation and Cost having spent as much upon it as would have founded an Hospital to keep twenty poor People The Archbishop took occasion upon the spinning out of so much time to blame the Defendant for Traverses and Delays a Course which the wisdom of Treasurer Weston had put into him and if it were bad to fly with his Grace's leave was it not worse to Persecute Baronius justifies the Christians that made escape from Heathen Tyrants with a good reason An. 205. p. 12. Qui non fugit cum potest adjuvat ejus iniquitatem qui persequitur The Exceptions against Pregion were referred to the Lord Chief Justice Richardson and Lord Chief Baron Damport which charged Pregion that he endeavour'd to lay a Bastard-Child of his own begetting upon another The two Judge having heard all that could be alledged pro and con disallowed the Exception and an order being drawn up for it when the Lord Richardson was about to sign it Kilvert most imperiously charg'd him not to do it till he had heard from the King The Judge whose Coat had been sing'd at the Court before stopt his Hand but delivered a Copy of the Certificate to the Bishop's Sollicitor and avowing he would maintain it that is to say if he durst but fear shook his Conscience out of him The Lord Damport would not vary from himself and charg'd his Brother Richardson freely with Inconstancy Of which Disagreement the Star-Chamber having notice added to these three more the Lord Chief Justice of the Common-Pleas Judge Jones and Judge Vernon These sitting together in the Lord Richardson's Lodgings Kilvert brought in Secretary Windebank among them though neither Referree nor Witness nor Party in the Cause who argued the Business an hour and half against the Bishop's Witness and perform'd it weakly for all men are not call'd to knowledge with their places as Isâ—crates would have us believe in his Areopag Oration that the Office of an Areopagite transform'd a man Ut tanquam loci genio afflatus ex ingenio suo migraret Budaeus in 1. lib. Pand. p. 283. The Secretary having done his part and shewn what was expected from White-hall departed The five Judges drew up a Certificate signed it and assured the Bishop all in general and one by one it should not be changed So said the L. F. among the rest but he sup't a Promise into his mouth and spit it out again This predominant Judge like a Falcon upon her stretches took home the Certificate with him and the Bishop with him who staid at his House till almost midnight because the Lord F. would not give him the Order till Kilvert had carried it to the Court to shew it to some body This was not fair for to be just and honest is so forcible that it should be done extempore not an hour should be borrowed to advise upon it Yet the Judge solemnly protested That he would dye rather than recede from it it being the sense and under the Hand of all his Brethren The Bishop being in a withdrawing Chamber read over the Order so often that by the benefit of a good memory he got it by heart verbatim and so departed to Bugden against Christmas-day About the midst of the Holy-days he heard by a good Hand that the Certificate was alter'd and all that Matter inserted which had been rejected by the Judges He came up in all haste to London and finding Judge Jones ask't him if these things were so Yes says he 't is true all is chang'd from white to black and your Friend the L. F. hath done all this A Friend he might call him if merit might have purchast him for whom the Bishop had done more than for any pleader in England when he was in great place Quae potest esse jucunditas sublatis amicitiis quae porrò amicitia potest esse inter ingratos The Bishop charging this Alteration upon the Judge to his Face he replyed Quod scripsi scripsi and would not hear Mr. Herbert the Defendant's Counsel who told the Judge with some passion That there was more matter for Examination of Witnesses couched in the new Certificate than was in all the Cause But the Bishop demanded calmly of that Lord that had alter'd all What he meant to use an old Acquaintance in that unheard of manner He answer'd and said the same to others He had been soundly chidden by his Majesty and would not destroy himself for any man's sake This Judge was worthy of greater Honours and did affect them Haud sanè aequo animo in secundo se sustinens gradu Curt. lib. 4. and not long after he got the Garland by being the most active of all his Rank to bring about the King's Undertakings chiefly against this forlorn Defendant but held not the place one full year From whence a Scholar may Contemplate upon those two Verses of Homer Il. Ï. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whom God doth honour if with him you war The quarrel 's Gods your ruin is not far 115. By this time Kilvert put in Courage with these Stratagems is ready to proceed to examination of Witnesses Let me shew how he is armed like Pliny's Ichneumon lib. 8. Nat. Hist Mergit se limo saepiùs siccatque sole mox ubi plurimis eodem modo se coriis loricavit in dimicationem pergit He dips himself often in Mudd and every time crusts it hard in the Sun and being covered with this dirty Harnass he falls to fight with his Enemy All will run even in the application The Bishop is forced at an intolerable expence to tumble in person with his Lawyers and Sollicitors from place to place over six or seven Counties of the Kingdom The first Abuse done unto him in this course was to deny him several Commissions to dispatch his Troubles about the Witnesses which was never denied to any Subject before and to force him to take an Examiner of the Court whether he would or no. 2ly Every Defendant being allow'd to chuse which Examiner he likes best by the practice of that Court the Bishop pitch'd upon an ancient and experienc'd Clerk yet could not enjoy him for in conference with Kilvert he had said That in this Service he must be an indifferent
First That it was utterly against the Practice of the Court from the Foundation of it to fall upon a new Charge started out of a former before the first had been heard 2. That advantage was taken to undo any man living to gather new Impeachments out of the Books after the publication of the precedent Cause 3. That for all that was offer'd to the Court complaint had been openly made by Counsel and not disproved That it rose from the Prosecutors mis-leading and menacing of Witnesses whom Terrour and Imprisonment would not suffer to be constant to themselves Like as Eusebius reports lib. 6. Praepar Ervang c. 1. that when one importun'd the Oracle for an Answer and threatned if he staid any longer the Oracle told him Retine vim istam falsa enim dicam si coges Use no violence for I must tell a lye if you do Lastly The Bishop pleaded with Animosity quid enim loqueretur Achilles Ovid. Met. 13. that their Lordships ought to take such a Charge into Cognisance for Tampering had never been noted for Criminal Action before any Judgment in the Land which is not a Colour but a Maxime of Law which appears by that which is since publish 't by the Lord Cook in Jurisdiction of Courts c. 5. How that Court dealeth not with any offence which is not Malum in se against the Common Law or Malum prohibitum against some Statute And that Novelties without warrant of Praesidents are not to be allowed Assume now out of the Premises that no Example could be found that the censorious magnificence of the Star-Chamber had ever tamper'd with such a peccatulum as tampering Alteration in the forms of a Court beget the Corruption of the Substance Who ever read that a Bench of Honourable Judges came into hatred so long as it kept close to the ways of their wise and venerable Predecessors But says Symmachus in Ep. p. 14. Si adjiciantur insolita forsan consueta cessabunt When the People are over-lay'd with new Discipline perhaps the old Seats of Justice may crack in pieces The Lord Keeper knew Justice and loved it and did not obscurely signifie that he thought the Demur was reasonable which had almost removed him And he found by one occurrence that the Bishop's Case was to be severed from other mens For whereas a Proclamation came forth in October 1636. that because a Plague was begun in London and Westminster therefore all Pleas and Suits in Law should be suspended till Hillary Term was opened and the Bishop claimed the Priviledge that all things might be respited about his Cause branched out into ten Heads till that season The Proclamation indeed is full and clear on your side says the Lord Keeper but I have special directions that you shall have no benefit thereof And I tell you as a Friend if you rely upon the Proclamation your imprisonment is aimed at As if there were one Rule of Justice for all the Subjects in the Land and another for this Bishop who took his qu. from this Caveat to attend his Business and he did it with the more confidence that in seven years his Adversaries had got no ground of him as Grotius writes of the Spaniards siege at Haâ—rlem being seven months about it Annal. Belg. p. 42. Visi sunt vinci posse qui tam lentè vicerant 118. Of which none that look't into the Cause despair'd till the Scale was overturn'd by the weight of a most rigorous Censure The Charge in debate without any favour to the Defendant is thus comprised Anno 1634. when Kilvert wanted Water to turn his Mill Sir John Mounson and Dr. Farmery Chancellour of Lincoln offer'd themselves to debauch the Credit of Pregion the Bishop's Witness who both expected to have gained and did gain almost as much as Kilvert by the Avenues of the Cause To bring their Contrivance about a Bastard is laid to Pregion to be begotten of the Body of Elizabeth Hodgson and that he bribed her to lay it upon another Father The Bishop was to defend the Credit of his Witness and had to do with Matters and Persons in this Point wherein himself was altogether a Stranger He suspected ill dealing from Sir J. Mounson the great Stickler because he knew he hated Pregion for casting a Scandal upon his Lady as vertuous a Gentlewoman as the Country had in which Cause the Bishop had caused Pregion to give Satisfaction long before Then he had more assurance of Pregions Innocency because he was clear'd of this Bastard in a Sessions held at Lincoln in May Car. 9. and whereas it came again into debate at the Sessions 3 Octob. following and it was given out that an Order was past to find Pregion guilty the Bishop was certified that the Order was not drawn up in open Court and that it was inserted in many places with Farmeries hand And Thomas Lund being present at the Sessions asserted That it was not consented to by the Justices but drawn out of Sir J. Mounson's pocket He had Letters from Knights of far greater Estates than Sir John who likewise testified the same and from Mr. Richardson the Clerk of the Peace who refused to enter that Order and that it was excepted against in open Sessions by Mr. Sanderson a Counsellor of the Laws and by the greater part of the Bench as utterly illegal So that afterward being tried at the King's Bench for the illegality of it it was damned by all the four Judges Yet more to detect the Corruption of that Order at the next Sessions held in May the Justices discharged Pregion and laid the base Child upon one Booth a Recusant a Kinsman of Sir J. Mounson's which Judgment was so inerrable that it was proved by three Witnesses That upon the very day that the Bishop was sentenced Booth himself confest in the hearing of those Witnesses that Pregion had nothing to do with that baggage Woman but that he the said Booth at such a time and place did get her with Child and that Kilvert whom he cursed bitterly had promised him half the Fine to charge the Child upon Pregion and had not performed it and did vainly brag that Kilvert had brought him to kiss the King's hand This was detected when the sad day was over Et instaurant dolorem sera solatia Sym. p. 86. But the Objection lay not only upon the getting of the Child but how that Pregion or rather the Bishop had carried themselves to entangle the Witnesses that had sworn against Pregion which was the main Charge of the Information and the colour for the heavy Sentence The Bishop being authorized from the Star-Chamber to uphold the Credit of his Witness he found the Depositions of Lund Wetheral Alice Smith and Anne Tubb to press upon Pregion Grande doloris Ingenium est miserisque venit solertia rebus Metam lib. 6. So he did light upon a course which was inoffensive to extricate Pregion for his own safety 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉
and give ear to nothing So you have the first and the last part of the Presbyterians Actings with the other Divines whom the Lords appointed for a Sub-committee There may well be a Suspicion when their Deeds do make a Confession that they would prevail by Force when they could not by Argument And thus began the downfal of Episcopacy which was never heard never suffer'd to plead at the Bar of the Parliament in its own Cause but as one says pertinently It was smother'd in a Crowd 141. Anatomists observe that the thinnest Membrane is that which covers the Brain that no weight might stop it from production of Notions and Phancies Certainly it was so in our Bishop's Head-piece who was consulted every day in weighty Affairs and had a Task at this time concurrent with all that went before to look to the Case of the noble but unfortunate Earl of Strafford A Charge of great Crimes was hastily drawn up against him that he had been a Tyrant in Ireland and stirred up His Majesty to raise an Army to oppress his Subjects in England and Scotland Haec passim Dea soeda virum diffudit in ora AEn 4. These were the Fictions of Fame and no more but made the People cast about distrustful and disloyal Doubts The Earl a man of great Wit and Courage knew not whether the King and all his Friends could save him In a rebellious nation wrath is set on fire Ecclus 16.6 And to the shame of Subjects bewitch'd with the new Spirit of that Bedlam rage neither the King nor his Justice could protect any man Too well do I remember that of Justin lib. 30. Nec quisquam in regno suo minùs quà m rex ipse poterat Some say of the French luke-warm in Religion that they kneel but with one Knee at Mass a great number in our rigid Parliament would not do so much the locking Joynt of their Knee was too stiff to bend at all Rebellion is a foul word yet they blush'd not at the deed who were ashamed of the Title Then the Scots were resolved not to disband till this brave Lord was headless Who hath seen a Hedge hog rouled up into a Ball The whole lump is Prickles do but touch it and you hurt your Hand Convolvuntur in modum pilae ne quid possit comprehendt praeter aculeos Plin l. 8. c. 37. So Lessly and his Tykes were bloody and imperious fastned with much confidence in one body Who could remove them Nay who could touch them or go about to mollitie them and get no harm Then the Tumults of Sectaries Corner-creepers and debauch'd Hang-by's that beset the dutiful Lord and Commons with Poniards and Clubbs were worse than an Army far off These call'd for Justice that is for the Life of the Earl What had they to do with Justice which if it might have fate upon the Bench and tryed them every Mothers Son of them had been condemned to the Gallows But it was safer to sit still with Prudence than to rush on with Courage Plus animi est inferenti periculum quà m propulsanti Liv. lib. 38. The Affailant that comes to do a Mischief puts on desperately and is fiercer than the Defendant And there is no equal temperature or counterpoise of Power against the strong Ingredient of a Multitude I will not say but many of this Scum invited themselves unbidden to do a Mischief but there was a Leader a Presbyter Pulpiteer that bespoke them into the Uproar from Shop to Shop Lucius Sergius signifer seditionis concitator tabernariorum Cic. pro dom ad Pont. I need not a Lime-hound to draw after him that was the chief Burgess of the Burrough who gathered this vain People to a head that had no Head Silly Mechanicks Horum simplicitas miserabilis his furor ipse Dat veniam Juven Sat. 2. But what will he answer that knew his Master's Will and ran headlong against it Now here 's the Streight of the Earl of Strafford expos'd to the greatest popular Rage that ever was known All that his good Angel could whisper into him in Prison was to trust to God and a righteous Defence But whereon should he bottom his Defence He could not upon the known Law which is the Merastone to limit and define all Causes for Life Limb Liberty or Living He must stand to a Tryal whether parcels of petty Offences will make an accumulative Felony and be arraigned upon a notion of Treason which could be wrested out of no Statute nor be parallel'd with any President The Treason was rather in them that call'd such things Treason to which no English Subject was liable by his Birth-right In populo scelus est abundant cuncta furore Man lib. 2. The Law was too much his Friend to bring him before the face of it Anocent man fears the Law an innocent man fears Malice and Envy O vitae tuta facultas Pauperis angustique laris O munera nondum Intellecla Luc. lib. 5. O the security and sound sleeps of a private Life If this Earl had not climb'd as high as the Weather-cock of Honours Spire he had not known the Horror of a Precipice Isocrates would never meddle with a publick Office says the Author of his Life 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Athenians were so spightful at their Magistrates that he would not trust them Demasthenes was employed in great Places and died untimely by a Poyson which he had confected for an evil time Says Pausan upon it in Atti. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that is entrusted to govern the people when he hath serv'd their turn seldom dyes fortunately But this is the man whose Troubles gave the Bishop occasion to shew his Abilities in two points First About the circumstance of the examination of the Cause Secondly About the Judges of the Cause that is Whether Bishops might be such in causâ sanguinis There is much of it I confess but the Learning will recompence the length And I shall not blemish his Reputation to say of him what the Orator said of L. Aquilius Orat. pro Caecinnâ Cujus tantum est ingenium ita prompta fides ut quicquid haurias purum liquidúmque haurire censeas 142. Before I draw up to the Bishop's Reports there is more to be premised as That there was much ado to score out the Hearing of Strafford with a straight Line and a Form to give some satisfaction as a Child is often set upon its Legs before it can go His Adversaries toss'd it about many ways and manag'd it chiefly by two persons Mr. St. John the King's Sollicitor one that did very bad Service to the King his Master and the Church his Mother yet of able parts therefore I will write the Inscription of his Tomb-stone on the wrong side and turn it downward to the Earth The other was John Pym Homo ex argillâ luto factus Epicuraeo as Tully said of Piso that is in Christian English a painted Sepulchre
to Practice and Use in our own Country Why it was in use in this Island before the Romans entred the same when the Druids gave all the Sentences in Causes of Blood Si coedes facâ—e pâ—as constituunt Caesar Bel. Gai. li. 6. And see Mr. Selden's Epinomis c. 2. Nor is it like that the Romans when they were our Masters should forbid it in Priests whose Pontifical College after they had entertain'd the twelve Tables meddled in all matters of this kind Strabo Geogr. lib. 4. And it is as unlike that the Christian Religion excluded Bishops in this Island from Secular Judicatures since King Lucius is directed to take out his Laws for the regulating of his Kingdom by the Advice of his Council ex utráque pagina the Old and New Testament which could not be done in that Age without the help of his Bishops See Sir H. Spelman's Councils p. 34. Ann. Dom. 185. And how the great Prelates among the ancient Britains were wholly employ'd in these kind of secular agitations you may see in the Ecclesiastical Laws of Howel Dha set forth by Sir H. Spelman pag. 408. anno 940. And a little before this Howel Dha lived K. Aetheljtan in the second Chapter of whose Ecclesiastical Laws we have it peremptorily set down Hinc debent Episcopi cum Saeculi Judicibus interesse judiciis and particularly in all Judgments of the Ordeals which no man that understands the word can make any doubt to have been extended to Mutilation and Death Sir H. S. Counc p. 405. ann 928. And that the Bishops joyned alwaies with the secular Lords in all Judicatory Laws and Acts under the whole reign of the Saxons and Danes in this Island we may see by those Saxon-Danish Laws or rather Capitularies which among the French and Germans do signifie a mixture of Laws made by the Prince the Bishops and the Barons to rule both Church and Common-wealth set forth by Mr. Lambert anno 1568. See particularly the ninth Chapter of St. Edward's Laws De his qui ad judicium sorri vel aquae judicati sunt fol. 128. And thus it continued in this Kingdom long after the Conquest to wit in Henry Beu-clerk's time after whose Reign it began to be a little limited and restrained for at Clarendon anno 1164 8 Calend. Febr. 11 Henr. 21 a general Record is agreed upon by that King 's Special Command of all the Customs and Liberties of this Kingdom ever since Hen. the First the King's Grandfather as you may see in Matth. Paris p. 96 of the first Edition where among other Customs agreed upon this is one Archbishops and Bishops and all other persons of this Kingdom which hold of the King in capite are to enjoy their Possessions of the King as a Barony and by reason thereof are to answer before the Judges and Officers of the King and to observe and perform all the King's Customs And just as the rest of the Barons ought for it was a Duty required of them as the King now by his Summons doth from us to be present in the Judgments of the King's Courts together with the rest of the Barons until such time as they shall there proceed to the mangling of Members or Sentence of Death 147. Observe that there is a diversity of reading in the last words for Matth. Paris a young Monk that lived long after reads this Custom thus Quousque perveniatur ad diminutionem membrorum vel ad mortem Which may be wrested to the first agitation of any Charge tending that way but Quadrilogus a Book written in that very Age and the original Copy of the Articles of Clarendon which Becket sent to Rome extant at this day in the Vatican Library and out of which Baronius in his Annals anno 1164 transcribes it reads the Custom thus Usque perveniatur in judicio ad diminutionem membrorum c. which leaves the Bishops to sit there until the Judgment come to be pronounced amounting to Death or Mutilation of Members And as this was agreed to be the Custom so was it the Practice also after that 11th year to wit in the 15th year of Henry the Second at what time the Lay-Peers are so far from requiring the Bishops to withdraw that they endeavour to force them alone to hear and determine a matter of Treason in the person of Becket Stephanides is my Author for this who was a Chaplain and Follower of that Archbishop The Barons say saith that Author You Bishops ought to pronounce Sentence upon your selves we are Laicks you are Church-men as Becket is you are his fellow-Priests and fellow-Bishops To whom some one of the Bishops replied This belongs to you my Lords rather than to us for this is no ecclesiastical but a secular Judicature We sit not here as Bishops but as Barons Nos Barones vos Barones hic Pares sumus And in vain it is that you should labour to find any difference at all in our Order or Calling See this Manuscript cited by Mr. Selden Titles of Honour 2 Edit p. 705. And thus the Custom continued till the 21st year of the same King Henry II. at what time that Provincial Synod was kept at Westminster by the Archbishop of Canterbury and some few of his Suffragans which Roger Hoveden mentions in his History p. 543. And it seems Gervasius Dorobernensis which is a Manuscript I have not seen The quoting of this Monk in the Margin of that Collection of Privileges which Mr. Selden by command had made for the Upper House of Parliament is the only ground of stirring up this Question against the Bishops at this present intended by Mr. Selden for a Privilege to the Bishops not for a Privilege to the Lay Peers to be pressed against the Bishops The Canon runs thus It is not lawful for such as are constituted in Holy Orders Judicium sanguinis agitare to put in execution Judgment of Blood and therefore we forbid that they shall either in their own persons execute any such mutilation of Members or sentence them to be so acted by others And if any such person shall do any such thing he shall be deprived of the Office and Place of his Order and Function We do likewise sorbid under the peril of Excommunication that no Priest be a secular Sheriff or Provost Now this is no Canon made in England much less confirmed by Common Law or assented to by all the Bishops of the Province of Canterbury or by any one of the Province of York but transcribed as appears by Hovenden's Margin out of a Council of Toledo which in the time that Council is supposed to be held was the least Kingdom in Spain and not so big as York-shire and consequently improper to regulate all the World and especially this remote Kingdom of England Beside as this poor Monk sets it down it doth inhibit Church-men from being Hang-men rather than from being Judges to condemn men to be thus mutilated and mangled in their
Members an ordinary Punishment of the Goths and Vandals who then lived in Spain but never heard of here with us of many years before the Reign of Hen. II and therefore not sitly pressed to drive Bishops from sitting as Peers in the case of the Earl of Strafford who is not to be sentenc'd to any mutilation of Members True it is that in the Council it self being the Eleventh Council of Toledo Can. 6. they are forbidden Quod morte plectendum sit sententiâ propria judicare to sentence in any Cause that is to be punish'd with Death Whereas in the Fourth Council of Toledo Can. 31 under Sisinandus not long before held anno 633 it is said That the Kings do oftentimes commit to Priests and Bishops their Judicature Contra quoscunque Majestatis obnoxios against all Treasons howbeit they are directed not to obey their King in this particular unless they have him bound by Oath to pardon the Party in case they shall find reason to mediate for him And thus the Canon-Law went in Spain but no where else in Christendom in that Age. 148. But these Bishops at Westm travelled not so far as Toledo to fetch in this Canon into their Synod but took it out of Gratian then in vogue for he lived in the time of Hen. Beu-clerk Grandfather to this Hen. II. who in the second part of his Decrees Cap. de Clericis saith thus Clericis in sacris ordinibus constitutis ex concil Tolet. Judicium sanguinis agitaro non licet And so this Canon was fetch'd from Spain into these other parts of Europe above four hundred years after the first making thereof upon this occasion Pope Gregory the Seventh otherwise called Hildebrand who lived in the time of William the Conqueror having so many deadly Quarrels against Hen. IV. Emperor of Germany to make his part good and strong laid the first ground which his Successors in their Canons closely pursued to draw the Bishops and other great Prelates of Germany France England and Spain from their Lay-Soveraigns and Leige-Lords to depend wholly upon him and so by colour and pretence of Ecclesiastical Immunities withdrew them from the Services of their Princes in War and in Peace and particularly from exercising all Places of Judicature in the Civil Courts of Princes to the which Offices they were by their Breeding and Education more enabled than the martial Lay-Lords of that rough Age and by their Fiefs and Baronies which they held from Kings and Emperors particularly bound and obliged And therefore you shall find that whereas the Bishops of this Island before the Conquest did still joyn with the Thanes Aldermen and Lay-Lords in the making and executing of all Laws whatsoever touching deprivation of Life and mutilation of Members Yet soon after when the Norman and English Prelates Lanfrank Anselm Becket and the rest began to trade with Rome and as Legati nati to wed the Laws and Canons cried up in Rome and to plant them here in England they withdrew by little and little our Prelates from these Employments and Dependencies upon the Kings of England and under the colour of Exemptions and Church-Immunities erected in this Land an Ecclesiastical Estate and Monarchy depending wholly upon the Pope inhibiting them to exercise secular Employments or to sit with the rest of the Peers in Judicatures of Life and Members otherwise than as they list themselves and hence principally did arise those great heats between our Rufus and Anselm which Eadmer speaks of and those ancient Customs of this Kingdom which Hen. II. pressed upon Becket in the Articles of Clarendon that the Prelates ought to be present in the King's Courts c. Which Pope Alexander a notable Boutefeu of those times in the Church of God did tolerate though not approve of as he apostyles that Article with his own Hand to be shewn to this day in the M. S. extant in the Vatican Library And although I shall not deny but the Popes did plead Scripture for this Inhibition as they did for all things else and allude unto that place 2 Tim. 3.4 which they backed with one of the Canons of the Apostles as they call them the seventh in number Yet it is clear their main Authority is fetch'd from this obscure Synod of Toledo where eighteen Bishops only were convened under Bamba the Goth who of a Plowman was made a King and of a King a Cloyster'd Monk as you may see in the History of Rodericus Santius par 2. c. 32. This is all the goodly Ground that either Gratian in his Decrees or Innocent III in the Decretals or Roger Hoveden in his History alledges against the Ecclesiastical Peers their sitting as Judges in Causes of Blood to wit this famous Gothish Council of Toledo The first that planted this Canon here in England was Stephen Langton a Cardinal the Pope's Creature as his Holiness was pleased to stile him in his Bull and thrust upon the See of Canterbury by a Papal Provision where he continued in Rebellion against his Soveraign as long as King John lived This Archbishop under colour of Ecclesiastical Immunity for so this Canon is marshall'd by Linwood at Osney near Oxford did ordain Ne quis Clericus beneficiatus vol in sacris Ordinibus constitutus praesumat interesse ubi judicium sanguinis tractatur vel exerceatur And this is the first Canon broach'd in this Kingdom to this effect that of Othobone being subsequent in time and a meer Foreign or Legantine Constitution See it at large in Linwood Constit lib. 3. ad sinem And by vertue of a Branch of this very Constitution the now Archbishop two years since sined the Bishop of Gloucester in the High-Commission because he had given way in time of Pestilence only that a Sessions a Judgment of Blood might be kept in a sacred place which was likewise inhibited in this Canon But this admits of a multitude of Answers First 149. Quod haec dictio Clericus ex vi verbi non comprehendit Episcopum Linwood lib. 3. de locat is conductis Secondly the irregularity incurr'd by Judicature in Causes of Blood is only Jure positivo and therefore dispensable by the Pope saith Covarruvias in Clemen si furiosus p. 2. com 5. n. 1. and here in England is dispens'd with in Bishops by the King who in his Writs or Summons to the Parliament commands the Lords Spiritual without any exception of Causes of Blood to joyn in all Matters and Consultations whatsoever with the Temporal Peers of the Kingdom their Summons being unto them a sufficient Dispensation so to do And Othobon himself inhibiting other Clerks to use these Secular Judicatures hath a Salvo to preserve the Priviledges of our Lord the King whereby he may use any of their Services in that kind when he shall see cause Tit. ne Clerici Juris saec exerceant And Linwood upon that Text doth instance in the Clerks of the Chancery and others Nor are these Writs that summon the
in the Records of the Tower can be produced to exclude the Lords Spiritual from sitting and voting in Causes of Blood Sometimes by the great Favour of the King Lords and Commons not otherwise they were permitted to absent themselves never before now commanded by the Lay-Lords to forbear their Votes in any Cause that was agitated in Parliament So our Law Books say That the Prelates by the Canon-Law may make a Procurator in Parliament when a Peer is to be tryed Which is enough to shew their Right thereunto This is to be seen 10 Edw. IV. f. 6. placit 17. And That it is only the Canon-Law that inhibits them to vote in Sanguinary Causes Stamford Pleas of the Crown f. 59. And saith Stamford the Canon-Law is a distinct and separated notion and not grown in his Age to any such Usance or Custom as made it Common-Law or the Law of the Land 152. Coming now to an end it moves me little what some object That many worthy Fathers of this Church-reformed and Bishop Andrews among the rest did forbear to vote in Causes of Blood and voluntarily retired out of the House if such things came in question nor did offer to enter any Protestation I do not doubt but they had pious Affections in it though they did not fully ponder what they did I have heard that a main Reason was that of the Record and Statute of 11 Rich. II. That it is the honesty of that Calling not to intermeddle in matters of Blood Now the French word Honesty signifies Decency and Comeliness As though it were a butcherly and a loathsom matter to be a Judge or to do Right upon a Malefactor to Death or loss of Members But this is an imaginary Decency never known in Nature or Scripture as I said before but begotten by Tradition in the dark Foggs and Mists of Popery Such an Honesty of the Clergy it was to have a shaven Crown to depend on the Pope to plead Exemptions and to resuse to answer for Felonies in the King's Courts All these were esteemed in those days the Honesty of the Clergy And such an Honesty it was in the Prelates of England in the loose Reign of Rich. II to absent themselves when they listed from the Aslembly of the Estate contrary to the King's Command in the Writ of Summons and to the Duties of their places as Peers of Parliament Yet they had more insight into what they did than some of our Bishops for they never offer'd to retire themselves in those days before their Protestation was benignly received and suffer'd to be enter'd upon the Parliament-Roll by the King the Lords and the House of Commons I know those excellent men that are with God proposed other Scruples to themselves they doubted not of the Legality or Comeliness for an Ecclesiastical Peer of the Kingdom of England to vote in a Judgment of Blood they did it continually in passing all Appeals and Attainders in Parliament but it startled them because it is not the practice of Prelates in other parts of the Christian Church so to do and thought it better to avoid Scandal and the Talk of other Nations That there being in the High Court of Parliament and Star-chamber Judges enough beside them they might without any prejudice to their King and Country forbear voting in those Judicatures somewhat the rather because all our Bishops in England are Divines and Preachers of the Gospel and consequently to be employ'd in Mercy rather than in Judgment who never touch upon the sharpness of the Law unless it be to prepare mens Hearts to relish and receive the comfort of the Gospel Let the Piety then and the Good-meaning of those grave Fathers be praised but I say they forgot their Duty to the Writ of the King's Summons and the use and weight of their Place And now to close I protest without vaunting I cannot perceive how this can be answer'd which I have digested together And if so many Bishops cannot obtain their Right which is so clear on their side God send the Earl of Strafford better Justice who is but a single Peer 153. Blame not my Book that there is so much of this Argument I hope the Ignorant will not read it at all but let a knowing man read it again and when he hath better observ'd it he will think it short Some History-spoilers have detracted from our Bishop that though he pleaded much in Parliament to his own Peril in the behalf of E. Strafford yet he wrought upon the King to consent to give way to his beheading Says our Arch-Poet Spencer lib. 3. Can. 1. st 10. Great hazard were it and Adventure fond To lose long-gotten Honour with one evil Hand But he shall lose no Honour in this for first as Nazian Or. 27 rejects them that had raised an ill Report of him whom he praised 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can you prove that they were sound in their mind that said so if any will believe it from such authors a good man hath lost his thanks Ego quod bené fec◠malè feci quia amor mutavit locum Plautus That which was well done is ill done because it is not lovingly requited Hear all and judge equally Both the Houses of Lords and Commons by most Voices found the Earl guilty of Treason they made the greater Quire but those few that absolved him sung better The King interceded by himself by the Prince his Son to save him craved it with Cap in Hand Being founder'd in his Power he could go no further the Subjects denied their Soveraign the Life of one Man so Strafford must be cast away Opimii calamitas turpitudo Po. Rom. non judicium fuit Cic. pro Plancio Whose Calamity is the shame of English Justice His Majesty for divers days could not find in his Heart to set his Hand to the Warrant for Execution for Conscience dresseth it self by its own light And I would he had been as constant to his own Judgment in other things that we might remember it to his Honour as Capitolinus testifies for Maximus Non aliis potiùs quà m sibi credidit The fate of it was that the Parliament would not grant Mercy to the Earl and would have Justice from the King according to their Sentence whether he would or no They threaten and were as good as their Word to sit idle and do nothing for publick Safety and Settlement the whole Realm being in distraction till the Stroke was struck All the Palace-Yard and Hall were daily full of Mutineers and Outcries His Majesty's Person was in danger the roguy Off-scum in the Streets of Westminster talk'd so loud that there was cause to dread it Though there is nothing more formidable than to fear any thing more than God yet the most eminent Lords of the Council perswaded His Majesty to make no longer resistance Placeat quodcunque necesse est Lucan lib. 4. Not he but Necessity should be guilty of it If he did
the body v. 20. but now are they many Members yet but one Body v. 21. And the eye cannot say unto the hand I have no need of thee nor again the head unto the feet I have no need of you So far our brave Speaker and all this is exscribed faithfully out of his own Copy Let another take his room and let him that is wisest perform it better The Success was that he laid the Bill asleep for five months for I confess that by over-sight I have not kept the just order of time for it should have been referred to the middle of May before the King went into Scotland and was in a trance by the charm of this Eloquence till November after which shews how like he was to Athanasius Nazian in Orat. pro codem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Athanasius was an Adamant not to be broken with violent blows and a Load-stone to draw them to him that were of a contrary Opinion Now mark the Partiality upon which the Speaker much insisted That the Lords would grant Interest to noble Persons in Holy Orders to act in Secular Affairs but to none beside As Grotius fits it with a passage Annal. p. 5. Castellani quantumcunque usurpent ipsi libertatem in aliis non serunt The Castilians are great encroachers upon liberty for themselves but will not tollerate it in any beside To the main Cause I yield that that was easie to be defended on the Clergies part as learned Saravia shews de Christian Obed. p. 169. not only from Moses's Law but from the Custom general of the most orderly among the Heathen Gaulish Druids Persian Magi Egyptian Heirophants and so forth by induction from all places to make it amount even to a natural Law that Priests were no where excluded from honourable Imployments in Secular Affairs I will appose two Quotations for it and very remarkable The first from the Judgment of the Scottish Presbytery R. Spotswood Hist p. 299. 449. That they contended for that Priviledge that some Ministers should give Voice in Parliament in the behalf of the Church And some to assist the King in Parliament in Council and out of Council Doth the Wind blow so from the North The other taken from Ludo. Molin Paraen c 4. And he no well-willer to our Hierarchy in that Book least of all to their Consistories Deus Pastori Evangelico non detrahit jus potestatem Magistraturae nec magistratum prohibet ministerio si ad utrumque factus comparatus est But this Bill that went no further when it was first set on foot in May began to enlarge its strides and mend its Pace in the end of Autumn Either because this fiery Parliament saw that Confusion begun must be carried on with acting greater or because the King was suspected that he tamper'd with the Scots and they framed an Injury from his Neglect to leave them so long or how it was that their thoughts were whiâ—'d about with the Wheel of swift Perswasions themselves knew best but their Spleen began to shew it self with stronger fits than ever against the Clergy who were never safe so long as the Bill we have heard of was not cancell'd For the Spanish Proverb tells us That Apple is in great danger that sticks upon the prickles of an Hedge-hogg But if the Sum of the Bill had been right cast the now most noble Marquess of Dorchester and more noble because most learned told his Peers May 21. Which of your Lordships can say he shall continue a Member of this House when at one blow six and twenty are cut off This was sooth nay Sooth-saying and Prophesying but it was not attended 167. When all ways had been tried to pass this Bill of Dishonour upon the Clergy chiefly the Bishops and it hung in the House of the Lords the event methinks is like that which we read I Kings 22. v. 21. There came forth a Spirit and stood before the Lord and said I will perswade them And the Lord said Wherewith And he said I will go forth and I will be a Spirit of clamour and tumult in the mouth of all the People And the Lord said Thou shalt perswade them and prevail also Go forth and do so There had been an unruly and obsteperous concourse of the People in the Earl of Strafford's Case But a Sedition broke forth about Christmas that was ten times more mad Ludum jocumque dices fuisse illum alterum prout hujus rabies quae dabit Terent. Eunuch which took heat upon this occasion The King came to the House of Commons to demand five of their Members to Justice upon impeachment of Treason His Majesty it seems was too forward to threaten such persons with the Sword of Justice when he wanted the Buckler of Safety How far those five were guilty I have nothing to say because plain Force would not let them come to a Tryal But if they were innocent why did they not suffer their Practices to see the Light It had been more to their Honour to be cleared by the Law than to be protected against the Law And that Cause must needs be suspected which could not put on a good outside I am sure the King suffer'd extreamly for their sakes All Sectaries and desperate Varlets in City and Suburbs flock'd by thousands to the Parliament Diogenes was ask'd What was to be seen at the Olympick Sports where he had been Says he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laert. in Vit. Much People but few Men. But here were no Men but all Beasts who promised one another Impunity by their full body of Rebels and where there is no fear of Revenge there is little Conscience of Offence Quicquid multis peccatur inultum est Lucan The Rake-hells were chaffed to so high a degree of Acrimony that they pressed through the Court-gates and their Tongues were so lavish that they talk'd Treason so loud that the King and Queen did hear them Let the five Members be as honest as they would make them I am certain these were Traytors that begirt the King's House where his Person was with Hostility by Land and Water He that speaks of them without detestation allows them and makes way for the like Sometimes they called out for Religion sometimes for Justice Ex isto ore religionis verbum excidere aut clabi potest as Tully of Clodius pro Dom. Was the sacred term of Religion sit to come out of their Mouths Did it become them to speak of Justice Sarah cried out to Abraham The Lord judge between me and thee when her self was in the fault Gen. 16.5 Every Tinker and Tapster call'd for Justice and would let the King have none who is the Fountain of it What did the great Parliament in the mean while Give Freedom to their Rage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Friends in their ragged rows were too many to be childden they were more afraid of them than of the
But the tidings came from the most interested in both Armies That none was more active than this great Prelate to keep Yorkshire in obedience to the King to reduce them that were perverted none more assiduous in the Consultations of War with the Gentry to raise Money Men and Horse for the Army This was hung up in Picture in the Hall and Change And let them do their worst in those peny Tables Sint modo carminibus non onerata malis as Passeratius deprecates all bad Epitaphs let them make good Verses to their Pictures or let their Poets hang up for Company But let this go together with his Loyalty that there was not one man that served him as Lord-Keeper or Bishop but either served or suffered in the King's Cause except a brace whom Kilvert had long before perverted They that were affected to the sin of the Parliament saw so much opposition in him and fierceness to bring them on their knees that the same unhappy ones vowed his death and were near to execution who first refisted his Majesty at Hull quae prima malorum Causa fuit belloque animos incendit agrestes Aen. l. 7. Which is worth a story to observe that these Professors of the new Discipline made no scruple to break down God's double Defence Touch not mine anointed and do my Prophets no harm 173. King Charles his coming to York was not a Progress of Delight but an Escape from his Palace of West minster for the Alarums of continual Mutinies which he could not stand out with safety As great a blemish to the Parliament that provided no better for him as the flight of Harry the Third of France was to the Guisians on the Sunday which is still called by them Dominica dolearis when they would have block't him up with Piles of Wine-Casks in the Louver to keep him fast for stirring His Majesty's first care was and ought to be to have some Hold of good Defence for Retreat if Blood-hounds sought him And happy was that Fortress of which he should make Election for so good a Service All places are patent to a Monarch that are under his Laws and Scepter though he were a Tyrant Then what inferiour Officer would not be glad to give the Keys of his Government upon his Knees to as great a Saint as Josiah Tribonius writes well to that matter in an Epistle to Tully of Caesar Lib. 12. Ep. Fam. Eum quem necesse erat diligere qualiscunque esset talem habemus ut libenter quoque diligamus And certainly he that should repulse the King in his first design must both be his first and his greatest Enemy Initia ferè dare formam negotiis Thuan. An. 1558. The first Success gives Spirit to an Army and Honour to their Chief Which the solid man Tacitus teacheth Hist lib. 2. Ut initia belli provenissent famam in caetero fore And if the first Expedition be unfortunate it is as ominous as a sinister hour at the birth of a Child when an Astrologer Calculates a Nativity So unauspicious it was that his Majesty did stumble I may say at the Threshold when he came out of Doors He goes to Hull where he had stowed up Shot Powder Arms in his Magazine The Gates are kept shut the Walls manned Sir John Hotham and his Son capitulate that they keep it for the Parliament Dirarum nidis domus opportuna volucrum Aen. 8. A strong Cage it was to keep these unclean Birds from the Royal Eagle Great Ordnance great Provision great Wealth were within No man would have sealed up a Box so fast if it had been empty Yet the Hothams were so kind that they offer'd Entrance to his Majesty's Person with a few of his unarmed Servants which was no better than to receive him to be their Prisoner Intempestiva benevolentia mhil à simultate differt says Politian Ep. p. 26. Nothing is more hateful than a malicious Courtesie But they look't to be born out in all they did by the strength of their great Masters and had cast it up that when Crimes are carried in a happy strain of Luck they lose their Infamy that shame seldom or never follows victory The Names of Delinquent or Traitor never scar'd them Haec acies victum factura nocentem est Silius He must be the Delinquent that is at the Conquerour's Mercy Unlucky Town of Hull for thy Commanders sakes Perhaps some other Garrisons would have been as bad as it if they had been tried Perhaps so But no Dunghil smells ill till you stir it Hull had the opportunity to be renown'd if it had yielded to be the King's Harbour Now her Infamy is like that of the Village of the Samaritans which would not receive the Lord Christ Luke 9.52 I do not condemn all that were within her Walls who could not help this Insolency but with groans and tears if they durst do that I will plead for such as I know there were such as Isocrates did for the Plataâ—ks forced by the Thebans to do unkindness to their Friends the Athentans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Theban constrained their Bodies but their Hearts were with you Their Lecturers were the Corrupters of that Corporation who had preach't the People from Charitable to Censorious from neighbourly Love to Faction from Subjects to Rebels from Sheep to Swine Quá magis viá irrepunt vitia quà m publicá Prin. l. 36. c. 2. If you would have some great harm done imploy those who are heard so often in publick and they shall do a mischief sooner than all the Brotherhood of the Guild beside Absalom sent Spies throughout all the Tribes of Ifrael saying as soon as ye hear the sound of the Trumpet ye shall say Absalom reigns in Hebron 1 Sam. 15.10 Spies says Grotius upon the place and in all the Tribes Some of these must be Levites for none but they dwelt among all the Tribes Genus hominum ad turbandas res maxime idoneum ubi suis indulgent affectibus These are they that will sooner rail against me for this observation then leave off their girdings at the Civil State and keep close to that matter only which Christ hath taught them in his Gospel Their bald Rhetorick sit for great Ears and gross Brainâ— made the King wait attendance two hours at their Gate and had his Commands nay his Prayers despised O that a King should give the stoop to such as these Meumque Objeci caput supplex ad limina veni Aen. 8. So great a heart in another Prince would not have turn'd away without Choler and Fire flashing upon them But he was a Soveraign over all his Passions and opened not his mouth Nullius hominis quà m sui simillimus as was said of Picus Mirandula He had no pattern of a meer Man before him and none that saw him for a Pattern was ever like him for Patience So let Cerberus that kept the Gates of Hull keep them still It is a greater honour
and so it did for certain in Adam the first Father and first King Yet grant them their asking here is an Instance to silence them All the Creatures were made before Man yet God gave him the Dominion to govern them that were created before and after him It is to no more purpose to cavil That the King is made for the good of the People Is that which is appointed for the good of another the less for that Cause Quite contrary 't is therefore the greater So is a Preceptor and Shepherd the one above the Scholars the other above the Flock Saravia distinguisheth skilfully de Obed. p. 228. Quod est propter aliud si benesicium ab co accipit minus esl si dat majus est They stretch their Wit further and say That the King gives his Oath to his Subjects to mamtam them in their known Laws It well befits him So God gave an Oath to Abraham and David Quare juramentum praes itum Inseriori non ei subjicn Superiorem says the same Author As for the matter of the Oath to keep the Laws it puts him not under the Wrath of Men if he do not keep them but under the Wrath of God A King is to keep the Laws of Nations with other Princes yet is not subject to them God defend us from making Experiments what would come to pass if the choice of a Governor or Governors were referred to the thousands and millions of England Beware a Heptarchy again beware an Hecatontarchy Things give better Counsel to men than men to things Look behind enquire into Histories what bloody meetings the World hath known upon such ambitious bandings between Gogs and Magog's Parties An quae per totam res atrocissima Lesbon Non audita tibi est Metam l. 2. Is it forgotten how they have lifted up their Friends in a Fit and straightway pluck'd them down in a Fury As the Greek Emperor said to a Bishop Ego te Furne condidi ego te destruam For as Painters delight in Pieces not being made but in their making so the Hare-brain'd Multitude run on to a Choice with Greediness and when it is pass'd they loath it with Fickleness The Conclusion shall be That this Stratagem to unthrone a King by the pretended inherent Right of the People can come to no conclusion For if there were occasion for all Cities Counties Burroughs Hamblets to come to try that Right who shall warn them that the opportunity is ripe to require their concurrence Who shall summon them Why A. rather than B Who shall propound Upon what place shall they meet Who shall preserve Order and Peace For every Hog when you drive them must have a String about his own Leg. Who shall umpire and stop Outrages Such there will be Saevitque animis ignobile vulgus An hundred impossible Dissiculties may be added to these and he that can rowl them up all into Sence deserves the Philosopher's Stone for his Labour To divert the vulgar fort from meddling with things improper to and so much above them Budaeus remembers me how to call them to such a Choice as is fitter for them lib. 1. de As In Pervigilio Epiphamae regnum ad sesquiboram lusu sabae sortiuntur Let them chuse the King of the Bean on Twelsth-night and be merry with the Cake-bread 189. The best of Kings had some that fell off from him after the fust and second year of the War when they saw his Enemies had got ground in some Skirmishes and Sieges and were possest of the best part of his Navies surrendred to them by a false Faitour This was a colour for their Rhetoricians to impute Righteousness to the fortunate Part. And their Orders for Thanksgivings boast of it that God did own their Cause because of the Victories which had besall'n them But Wisdom dresseth her self by her own Light and minds not the shadow of Success for after the first dark Cloud that comes it can be seen no more It is not strange that Self-lovers are so wary and rash Springolds so sond to like that which is most lucky Thucyd. l. 1. notes it upon the variable turnings of the Peloponnesian Wars 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Men cannot leave but they will bend their Fancies to the Casualties of Events Nay says Matth. de Prin. c. 25. There is no living for us without that Tropical Humour Si tempora mutant ur statim perit qui in agendo rationem non mutat But all such Errours shall be reversed and the mistakes consuted before a Tribunal Eternal Impartial which will deceive none Go not about then to try right and wrong as they are bandied among us No man knows either Love or Hatred by all that is before them All things come alike to all There is one event to the righteous and to the wicked Eccles 9.2 If you Judge the merit of a Cause or the integrity of a Man by prosperous Chance Epicurus will have a strong tentation to say Is there a God whose wisdom sees and governs all things Dionysius when he had rob'd a Temple and failed away merrily with his Booties scost at it Videt is amici quà m bona à Diis immortalibus navigatio sacrilegis datur Cic. de Nat. Deor. l. 3. Such a Scandal another of the voluptuary Sect took at a Courtezan that had forsworn her self and look't more amiably after it Obligasti Perfidum diris caput enitescis Pulchrior multo juvenumque prodis Publica cura Horat. Od. l. 4. We that are bred under holy Discipline know that it will be the worse for thee hereafter for their Torments will appear more bitter in the next World because they felt nothing but pleasure in this The ways of God are past finding out He permits that Evil which he hates and he Corrects that Good which he loves This is the Trial of Faith Quicquid imponitur molit All that is brought to her Mill she will grind it into fine slour of Thanksgiving and Patience and is afsured That as a Ball mounts higher when it is thrown to the ground so a good Cause when it is beaten will rebound higher to Heaven Otherwise says Manilius l. 5. Si sorte accesserit impetus ausis Improbitas fiet virtus If Sin get the better at hand-blows Vertue shall hold up its hand at the Bar and be condemned for Vice Joshuah's discomfit at Ai Josiah's at Megiddo the hundred Victories that the Saracens have had against the Christians tell us how they that sight the Lord's Battels are not priviledged from turning their Backs to their Enemies It is an acute passage of S. Ambrose in an Epistle to Valentinian That the Heathen had no reason to beast that the Idols whom they worshipt were true Gods and gave them â—icleries for if the Romans prevailed where were the Carthaginian Gods to help them if the Carthaginians triumpht where were the Roman Gods when they were beaten Success will neither serve Christians nor Heathen
and out of those their Treatises wherein especially they handled the Cause for which he Appealed unto them And Thirdly When he had fixed what was prime and principal Truth in any Debate with great Meekness and Sweetness he gave copious Latitude to his Auditors how far they might dissent keeping the Foundation sure without breach of Charity These were the Constellations whose fortunate Aspect did shine upon this Neophytus in the Orb of Cambridge and being under the Influence of such Luminaries a judicious Academian might Prognostic how much he would prosper without a judicious Astrologer But for all that he posted so speedily through the broad Way of the best Tracts of Knowledge yet he found a little leisure to call in as he went at the attaining of some Skill in Musick Instrumental and Vocal not as a Siren to catch him but as a Delight to solace him Nay though he set his Face to the end of a great Journey yet in transiâ—â— he took Acquaintance of the French Tongue to make himself able to read the choice Pieces of that acute Nation which flow'd in easily and apace into him having the Pipes of the Latin Tongue ready cast to convey it What shall we say to him that took in hand such a long Sorites of Sciences and Tongues together But that such Blood and Spirits did boil in his Veins as Tully felt when he spake so high Mihi satis est si omnia consequi possim Nothing was enough till he got all 14. The Gamester was the freer to throw at all because he was like to draw a good Stake Preferment already holding its Hand half open For â—fâ—câ—bi 2º his Patron and tenderly-loving Kinsman Dr. Vaughan was Removed from the Bishoprick of Chester to the See of London The young Eaglets are quickly taken up upon the Wings of the old one But the good Bishop within three Years after he had ascended to that Dignity ended his days greatly lamented of all and lived not till his young Cousin was adult for Promotion This only was much to his Benefit that every Year the Bishop sent for him to spend a few Weeks in his Palace of London a great help to his Breeding to let him see the course of Church-Government managed by the Piety and Wisdom of so grave a Prelate who had much of a Gentleman much of a Scholar and most of a Christian During his abode in the Reverend Bishop's Palace he had the opportunity to tender his Duty to that noble-minded and ancient Baron John Lord Lumley who received him with equal Courtesie and Bounty as his Kinsman That Lord having given his Sister in Marriage to Mr. Humfry Llyd of Nor. h. Wales a most industrious Antiquary as appears in Ortelius and Adjutant to Mr. Cambden in his great Work This Lord Lumley did pursue Recondite Learning as much as any of his Honourable Rank in those Times and was owner of a most precious Library the Search and Collection of Mr. Humsry Llyd Out of this Magazine that great Peer bestowed many excellent Pieces printed and Manuscript upon Mr. Williams for Alliance sake a Treasure above all Presents most welcom to him Yet the noble-hearted Lord a free Mccaenas gave with both hands and never sent his young Kinsman away from him without a Donative of ten Pieces The first Gift of Books he kept better then Gold for the Gold went from him again as magnificently as if he had been no less then the Lord Lumley himself But that he had received those noble Favours I heard him remember with great and grateful Expressions in the Chancel of the Parish-Church of Cheam near to Nâ—nâ—â—câ— in Surrey whereof my self have been Rector now above 30 Years coming on a day to view the Burial-place of the Lord Lumley where his Body lies under a comely Monument 15. It fell out luckily to Mr. Williams to keep him from incurring great Debts that he had such an Ophir or Golden Trade to drive with the Lord Lumley's Puâ—se who supplied him with a Bounty that grudg'd him nothing till the Year 1â—â—9 for then that aged Baron died Four Years before the loss of that dear Friend An. 1605 he took his Degree of Master of Arts and he Feasted his Friends at the Commencement as if it had been his Wedding having more in Cash at command by the full Presents of many Benefactors then is usual with such young Graduates His Merits being known brought him in a great Revenue long before he had a certain Livelihood A Master of Arts is a Title of honest Provocation rightly considered Nomina insignia onerosa sunt says the Emperor Alexander Mammaens But they are scarce so many as a few that are warm'd with the remembrance of that Honour which the Regent-House conferr'd upon them worthy to be taxed in parodie with that Increpation Heb. 5.12 Cum deberetis Magistri esse propter tempus rursum indigetis ut vos doceamini When for the time ye eught to be Masters you have need one teach you again Whose Reproach hath this and no other use that they are a pitiful Foil to their Betters I am sure I explain a Man who added as much Grace to the Name as any his Ancestors of those that came after he that was the best was but second in the Order Every day borrowing much of the Night advanced his Knowledge He hired himself to labour under all Arts and sorts of Learning The more he toil'd the more he perceiv'd that nothing in this Earth had such Amplitude as the extent of Sciences He saw it was a Prospect which had no Horizon a Man can never say he sees the utmost bound of the Coast Therefore he was continually drawing his Bow because he was sure he could never shoot home No Man fishes to get all the Fish in the Sea yet since the Sea contains so much he is slothful that labours but for a little Our Student began now to fall close to the deep and spacious Studies of Divinity I deliver from his own mouth what he would relate sometimes in his riper Years That he began to read all the Scriptures with the choicest and most literal and as he found it fit with the briefest Commentators so that all his Superstructure might knit close to that Foundation He compared the common places of P. Martyr Chemnitius and Musculus Calvin and Zanchie being in at all with the Sacred Text and found that Harmony in them all with the Oracles of God's Word that he perceived he might with a good Conscience as he would answer it to Christ Jesus defend the Integrity of the Reformed Religion taking it not upon Trust but upon Judgment and Examination But an Artist knoweth not what he hath got by all his Diligence till he useth it neither can a Scholar understand what Tast is in the Waters of his own 〈◊〉 till he draws some quantity out Therefore he disclosed himself both in his own Terms and for his Friends in common Places and
do Honour to none but to the Students of the Laws hath run out of the Ring And is it not honester to say nothing than to go about to do good with a Mischief 207. And that Man might see better to do Justice who would never receive a Bribe to blind his Eyes 1 Sam. 12.3 This was known not only to me a Domestick but to all that walked the Streets who were informed what Repulses they had who tempted him with Gratifications This I am sure of as I know what is sweet by mine own Tast and by the common Opinion One thing I will remember not because it is of great Moment but because it is pleasant His Lordship being retired to Nonsuch in the Summer took the Air in the great Park and viewing from one of the Hills the little Village of Malden he espied a Church new built and asked at whose Charge it was done Mr. George Minors that attended him told him who was the greatest Benefactor And hath he not a Suit now depending in Chancery says the Keeper The very same says the other And the very same says the Keeper shall not fare the worse for building of Churches Which being related by Mr. Minors to his Neighbour the Gentleman the next Morning sent a Tast of the Fruits of his Orchard and of the Poultry in his Yard to Nonsuch-House Nay carry them back George says the Keeper and tell your Friend he shall not fare the better for sending of Presents If any were so uncharitably suspitious that this Lord sold Justice for Gold or Silver though not for meaner things and gathered where he should not there could be no Ground to surmise it but because he scattered much For he was magnificent in great Works profuse in Hospitality very expensive in Liberality to poor Scholars and decay'd Persons To maintain all this he had plenty coming in which wanted not the Art of good Husbandry to lay it out He was as Provident as he was Bountiful He never feasted the King and very rarely exhausted himself upon Courtiers in lavish Entertainments But according to the honest and thrifty Rule of Cassiodor Fundit potiùs qui mittit in plenum illud reconditur quod vasis vacuis congregatur He spread not out his Compost upon rich Soil but upon hungry Land He gave so fast to Scholars that it was not possible his Lest-hand should know what his Right-hand did Quod momentum aut beneficio sterile Aut vacuum laude Plin. Paneg. If they were young he did it to encourage them if aged to reward them And Gentlemen that were brought low not by their Vices but by Misfortune Poveri vergognesi as the Tuscan calls them Bashful and could not Crave though they perished he prevented their Modesty and would heartily thank those that discovered their commiserable Condition to him The Prisoners of the Gate-House found the way to their Neighbour's Purse every Week It were endless to take notice of his good Works but in great Constellations Fugiunt sine nomine signa Manil. lib. 1. Stars that appear Small and dim were never numbred And though he was better at Liberality than Patience yet when he had overgone three years in the Court of Chancery he watched his Passions so well that the Heat of his old Brittish Complexion was much abated and carried all things with far more Lenity than Choler Would chide little and bear much Vehement he was often to recall Pleaders to the Point and to press Order and Dispatch Vehemency is mistaken if it be called Anger As Cicero defends himself to Fusius Calenus Vehementer me agere fatcor iracundè nego Philip 8. But if his Passion break out too far beyond the Measure of Vehemency he never rested till he had made some Amends to him whom he had sadded or offended which is the Apology that St. Ambrose makes for the good Emperor Theodosius the Elder in his Funeral Rites Tunc proprior fuisset veniae cum fuisset commotio major iracundiae Optabatur in eo quod in aliis timebatur ut irasceretur So the Clients at the Bar had studied the good Nature of this Lord and presaged that after he had chased at their Mis-usance they might promise to themselves a good Cast of his Office long before the Sun set which never set before he was returned to Patience and loving Kindness 208. Difficulties in Parliament Labours in Chancery were well pass'd over but to keep in long with the Duke of Buckingham was insuperable unless the Lord Keeper would be stupid and oppose him in nothing though the Dukes as well as his Ruine were upon Contrivance and the notorious Hurt of them that were better than them both Since his Grace's Return from Spain you shall find the Keeper in every of his Letters in the Cabal few excepted endeavouring to take off the Edge of some late started Quarrel As P. 96. in a Date July 21 1624 in this Submission If ever I have offended your Grace I take Almighty God to witness it was for want of a perfect Understanding of those high Matters let the Reader be informed it was about the Earl of Bristol's Recriminations not out of any Corruption of Affections towards your Grace or the least struggling in a continued Resolution to live and dye your Grace's most constant and most faithful Servant But whether it would succeed to good Liking or no he was resolved to divert him from some desperate Courses into which his Grace was entring to raise vast Summs of Money the Nerves of a sudden War with Spain which he meant to begin as soon as he could be furnished with Coin The Keeper was very sick of a Fevor and a Flux at this time and after Danger of Life recovered by that great Secretary of Nature Dr. William Harvey being not able to go into the Air he writes to my Lord Duke what he conceived about his former Project Octob. 21. May it please your Grace I Hear a Whispering rather than a Report out of Westminster-Hall that some great Alteration is presently to be made of the small Remainder of his Majesty's or rather the Crown Lands Although I know not certainly being unimployed and unprofitable whether I ought to take notice hereof at all or what to advise yet presuming upon that Favour I have ever found and of late as much as ever with your Grace I have sent you this Ticket to read and burn If there be any Resolution taken for the general Alteration of the Crown Lands yet this is not a convenient time to go about it First Because there is not yet a Lord Treasurer that it may be Christned to be his Act. Secondly Because it hath not been debated at the Council-Table for want of whose Advice it will be appropriated to be your Grace's Act. Thirdly It cannot be ripe for Execution till the next Session of Parliament is dissolved for otherwise it will undoubtedly serve as an Excuse for not Granting Subsidies But setting those