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A67908 The history of the troubles and tryal of the Most Reverend Father in God and blessed martyr, William Laud, Lord Arch-Bishop of Canterbury. vol. 1 wrote by himself during his imprisonment in the Tower ; to which is prefixed the diary of his own life, faithfully and entirely published from the original copy ; and subjoined, a supplement to the preceding history, the Arch-Bishop's last will, his large answer to the Lord Say's speech concerning liturgies, his annual accounts of his province delivered to the king, and some other things relating to the history. Laud, William, 1573-1645.; Wharton, Henry, 1664-1695.; Prynne, William, 1600-1669. Rome's masterpiece. 1695 (1695) Wing L586; Wing H2188; ESTC R354 691,871 692

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appears by a Sermon of mine appointed to be Preached at the opening of the Parliament in the Year 1625. My Words are these If you would have indeed a flourishing both State and Church The King must trust and indear his People and the People must Honour Obey and Support their King c. This I hope is far enough from derogating from any Law And if I should privately have spoken any thing to him contrary to this which I had both Preached and Printed how could his Majesty have trusted me in any thing CAP. XXIV THis brought this tedious Day to an End And I had an Order the same Day to appear again on Saturday March 16. 1643. with a Note also from the Committee which were to Charge me that they meant then to proceed upon part of the Second Additional Article and upon the Third Original and the Third and Fifth Additional Articles The Second Additional Article is written down before And here follow the rest now mentioned to be next proceeded upon 3. The third Original is He hath by Letters Messages Threats Promises and divers other ways to Judges and other Ministers of Justice Interrupted and Perverted and at other Times by the means aforesaid hath endeavoured to Interrput and Pervert the Course of Justice in his Majesty's Courts at Westminster and other Courts to the Subversion of the Laws of this Kingdom whereby sundry of his Majesty's Subjects have been stopped in their just Suits and deprived of their Lawful Rights and subjected to his Tyrannical Will to their utter Ruine and Destruction The Third and Fifth Additionals follow 3. That the said Arch-Bishop to advance the Canons of the Church and Power Ecclesiastical above the Law of the Land and to Pervert and hinder the Course of Justice hath at divers Times within the said Time by his Letters and other undue Means and Solicitations used to Judges opposed and 〈◊〉 the granting of his Majesty's Writs of Prohibition where the same ought to have been Granted for Stay of Proceedings in the Ecclesiastical Court whereby Justice hath been delayed and hindered and the Judges diverted from doing their Duties 5. That the said Arch-Bishop about Eight Years last past being then also a Privy-Counsellor to his Majesty for the End and Purpose aforesaid caused Sir John Corbet of Stoak in the County of Salop Baronet then a Justice of Peace of the said County to be Committed to the Prison of the Fleet where he continued Prisoner for the space of half a Year or more for no other Cause but for calling for the Petition of Right and causing it to be Read at the Sessions of the Peace for that County upon a just and necessary Occasion And during the Time of his said Imprisonment the said Arch-Bishop without any Colour of Right by a Writing under the Seal of his Arch-Bishoprick granted away Parcel of the Glebe-Land of the Church of Adderly in the said County whereof the said Sir Jo. Corbet was then Patron unto Robert Viscount Kilmurry without the consent of the said Sir John or the then Incumbent of the said Church which said Viscount Kilmurry Built a Chappel upon the said Parcel of Glebe-Land to the great prejudice of the said Sir John Corbet which hath caused great Suits and Dissentions between them And whereas the said Sir John Corbet had a Judgment against Sir James Stonehouse Knight in an Action of Waste in his Majesty's Court of Common Pleas at Westminster which was afterward affirmed in a Writ of Error in the King's Bench and Execution thereupon Awarded yet the said Sir John by means of the said Arch-Bishop could not have the Effect thereof but was committed to Prison by the said Arch-Bishop and others at the Council Table until he had submitted himself unto the Order of the said Table whereby he lost the benefit of the said Judgment and Execution The Third Day of my Hearing In the Interim between the 13th and this 16th of March upon some strict Charge to look to the Tower my Solicitor was not suffer'd to come in to me Whereupon so soon as I was setled at the Bar before the Evidence began to be open'd I spake to the Lords as follows My Lords I stand not here to complain of any thing or any Man but only am inforced to acquaint your Lordships with my sad Condition Your Lordships have appointed my Secretary to be my Solicitor and given him leave to assist me in the turning of my Papers and to warn in such Witnesses and to fetch me the Copies of such Records as I shall have occasion to use And I humbly desire your Lordships to consider that my self being Imprisoned and so utterly disinabled to do these things my self it will be absolutely impossible for me to make any Defence if my Solicitor be denyed to come to me as now he is This was granted and the Hearing adjourned till Munday following and I humbly thanked their Lordships for it CAP. XXV The Fourth Day of my Hearing THE fourth Day of my Hearing was Munday March 18. and was only my Answer to the third Day 's Charge and the only time in which I was not put to answer the same Day The first Charge of this Day was about St. Pauls And first out of my Diary where I confess it one of my Projects to repair that Ancient Fabrick And three strict Orders of the Lords of the Council for the demolishing of the Houses Built about that Church One was Novemb. 21. 1634. The demolishing of the Houses commanded by this before Jan. 6. for one and for the rest by Midsummer Another was Mar. 26. 1631. a Committee appointed with Power to compound with the Tenants and with Order to pull down if they would not Compound The third was Mar. 2. 1631. which gives Power to the Sheriffs to pull down if Obedience be not yielded To this I confess I did when I came first to be Bishop of London Project the Repair of that Ancient and famous Cathedral of St. Paul ready to sink into its own Ruins And to this I held my self bound in general as Bishop of the Place and in particular for the Body of the Church the Repair of which is by the Local Statutes laid upon the Bishop And the Bishop was well able to do it while he enjoyed those Lands which he had when that Burthen was laid upon him But what Sacrilegious Hands despoiled that Bishoprick of them 't is to no purpose to tell And truly my Lords since I am in this present Condition I humbly and heartily thank God that St. Pauls comes into my Sufferings and that God is pleased to think me worthy to suffer either for it or with it any way Though I confess I little thought to meet that here or as a Charge any where else And so God be pleased as I hope in Christ he will to Pardon my other Sins I hope I shall be able Humane Frailties always set aside
to be there at Seven in the Morning as if need be I can prove by sufficient Witness and at that Hour I came By this accident I came late and found a Resolution taken to Vote the dissolution of that Parliament and the Votes entred upon my Lord Cottington being in his Speech when I came into the Council-Chamber All Votes concurred to the ending of that Parliament save two The Persons dissenting were the Earls of Northumberland and Holland I co-operated nothing to this breach but my single Vote Yet the very next day Libels were set up in divers parts of the City animating and calling together Apprentices and others to come and meet in St. George's Fields for the Hunting of William the Fox for the Breach of the Parliament This setting up of Libels and animation of the baser People continued I acquainted his Majesty and the Council with it But upon Munday night following being May 11. Five Hundred of them came about my House at Lambeth to offer it and me violence By God's Merciful Providence I had some Jealousie of their intent and before their coming left the best Order I could to secure my House and by the Advice of some Friends went over the water and lay at my Chamber in White-Hall that Night and some other following So I praise God no great hurt was done One young Fellow only had a little hurt with a Dag who was after taken and Executed Thus you see how the malignity of the Time fastned and continued upon me For this Libelling in a very base and most unworthy manner continued against me But not one of them charged me with any one Particular save the breaking of the Parliament of which I was not guilty During this Parliament the Clergy had agreed in Convocation to give his Majesty six Subsidies payable in six Years which came to Twenty Thousand Pound a Year for six Years but the Act of it was not made up His Majesty seeing what lay upon him and what fears there were of the Scots was not willing to lose these Subsidies and therefore thought upon the continuing of the Convocation though the Parliament were ended but had not opened those Thoughts of his to me Now I had sent to dissolve the Convocation at their next sitting haste and trouble of these businesses making me forget that I was to have the King 's Writ for the Dismissing as well as the Convening of it Word was brought me of this from the Convocation-House while I was sitting in Council and his Majesty present Hereupon when the Council rose I moved his Majesty for a Writ His Majesty gave me an unlooked for reply Namely that he was willing to have the Subsidies which we had granted him and that we should go on with the finishing of those Canons which he had given us power under the Broad Seal of England to make And when I replyed it would be excepted against in all likelyhood by divers and desired his Majesty to Advise well upon it The King Answered me presently That he had spoken with the Lord Keeper the Lord Finch about it and that he assured him it was Legal I confess I was a little troubled both at the difficulties of the Time and at the Answer it self that after so many Years faithful Service in a business concerning the Church so nearly his Majesty would speak with the Lord Keeper both without me and before he would move it to me And somewhat I said thereupon which pleased not but the Particulars I do not well remember Upon this I was Commanded to sit and go on with the Convocation At first some little Exception was taken there by two or three of the Lower House of Convocation whether we might sit or no. I acquainted his Majesty with this doubt and humbly besought him that his Learned Council and other Persons of Honour well acquainted with the Laws of the Realm might deliver their Judgment upon it This his Majesty Graciously approved and the Question was put to them They answer'd as followeth under their Hands The Convocation being called by the King 's Writ under the Great Seal doth continue until it be dissolved by Writ or Commission under the Great Seal notwithstanding the Parliament be Dissolved 14. Maij 1640. Jo. Finch C. S. H. Manchester John Bramston Edward Littleton Ralph Whitfield John Bankes Rob. Heath This Judgment of these great Lawyers setled both Houses of Convocation So we proceeded according to the Power given us under the Broad-Seal as is required by the Statute 25 H. 8. Cap. 19. In this Convocation thus continued we made up our Act perfect for the gift of six Subsidies according to Ancient Form in that behalf and delivered it under Seal to his Majesty This passed Nemine Refragante as may appear apud Acta And we followed a President in my Lord Arch-Bishop Whitgift's time An. 1586 who was known to be a Pious and a Prudent Prelate and a Man not given to do boisterous things against the Laws of the Realm or the Prerogative of the Crown but one that went just and fair ways to both Nor did this Grant lye dead and useless for divers Processes are yet to be seen for the fetching in of that which was so Granted to the Queen's use in case any Man refused payment Together with this Act for Subsidies we went on in deliberation for certain Canons thought necessary to be added for the better Government and more setled Peace of the Church which began to be much disquieted by the proceedings of some Factious Men which have since more openly and more violently shewed themselves In the Debates concerning these Canons I dare be bold to say never any Synod sate in Christendom that allowed more freedom either of Speech or Vote The Canons which we made were in number seventeen and at the time of the Subscription no Man refused or so much as checked at any one Canon or any one Branch in any one of them Saving a Canonist or two who excepted against two or three Clauses in some of the last of the Canons which concerned their Profit and their Carriage towards the Clergy in which they were publickly and by joint consent over-ruled in the House And excepting Godfrey Goodman Lord Bishop of Glocester who was startled at the first Canon about the Proceedings against the Papists This Canon is very express for the use of all good and Christian means to bring them out of their Superstitious Errors and to settle them in the Church of England This Canon would not down with my Lord of Glocester And the Morning before the Subscription was to be he came over to Lambeth to me and after great expressions of his dislike I gave him the best Counsel I could that he would keep himself out of that scandal which his refusing to Subscribe would bring both upon his Person his Calling and the Church of England in these broken times especially But I fell so short of
Religion to let you know that their said Lordships have assigned and appointed you to attend on them as Assistant in that Committee And to let you know in general that their Lordships do intend to examine all Innovations in Doctrine or Discipline introduced into the Church without Law since the Reformation and if their Lordships shall in their Judgments find it behoveful for the good of the Church and State to Examine after that the degrees and perfection of the Reformation it self Which I am directed to intimate unto you that you may prepare your Thoughts Studies and Meditations accordingly Expecting their Lordships pleasure for the particular points as they shall arise and giving you to understand that their Lordships next sitting is upon Friday next in the Afternoon I recommend you to God's protection being Your very loving Friend and Brother Jo. Lincoln West Coll. 12 Martij 1640. To my very loving Friends and Brethren Dr. Brownrig Mr. Shute Dr. Featly Mr. Calamy Dr. Hacket Mr. White Dr. Westfield Mr. Marshal Dr. Burges What use will be made of this Committee for the present I shall expect but what it shall produce in future I dare not prophesie But it may be it will prove in time superiour to the National Synods of England And what that may work in this Church and State God knows I setled my self in my Lodging in the Tower where I yet am and pass my weary time as well as I can On Saturday Mar. 13. Divers Lords dined with the Lord Herbert Son to the Earl of Worcester at his new House by Fox-Hall in Lambeth As they came back after Dinner three young Lords were in a Boat together and St. Paul's Church was in their Eye Hereupon one of them said he was sorry for my Commitment if it were but for the building of St. Pauls which would go but slowly on there-while The Lord Brook who was one of the three replyed I hope one of us shall live to see no one stone left upon another of that building This was told and avowed by one of the Lords present And when I heard it I said now the Lord forbid and bless his poor Church in this Kingdom CAP. IX ON Munday Mar. 22. the Earl of Strafford's Tryal began in Westminster-Hall And it continued with some few Intermissions till the end of April The Earl got all the time a great deal of Reputation by his Patient yet Stout and clear Answers and changed many Understanding Mens Minds concerning him Insomuch that the great Lawyers of his Council affirmed there openly That there was no Treason appearing to them by any Law Upon this the House of Commons who were all the while present in a Body left the Hall and instead of leaving the whole Cause to the Judgment of the Lords in the ordinary Way of Parliaments betook themselves to their Legislative Power and so passed a Bill of Attainder against him and having none made a Law to take away his Life This Bill was denyed by two or three and fifty as able Men as any in the House of Commons But the Faction grew so hot that all their Names were Pasted up at the Exchange under the Title of Straffordians thereby to increase the Hatred of the People both against him and them and the Libels multiplyed This Bill went on with great haste and earnestness which the King observing and loth to lose so great and good a Servant his Majesty came into the House of Lords and there upon Saturday Maii 1. Declared unto both Houses how carefully he had heard and observed all the Charge against the Earl of Strafford for he was present at every Days Hearing and found that his Fault whatever it were could not amount to Treason And added That if they meant to proceed by Bill it must pass by him and that he could not in his Conscience find him guilty nor would ever wrong his Honour or his Conscience so far as to pass such a Bill or to that Effect But advised them to proceed by way of Misdemeanour and he would concur with them in any Sentence This displeased mightily and I verily think it hastened the Earl's Death And indeed to what end should the King come voluntarily to say this and there unless he would have abode by it whatever came And it had been far more Regal to reject the Bill when it had been brought to him his Conscience standing so as his Majesty openly professed it did than to make this Honourable Preface and let the Bill pass after The House of Commons and some Lords too it seems eagerly bent against the Earl of Strafford seeing by this the King 's bent grew more sharp and pursued the Bill the more violently In so much that within two or three Days after some Citizens of London and Prentices came down in Multitudes to the Parliament called there for Justice and pretended all Trade was stopp'd till Justice was done upon the Earl of Strafford Who brought on the People to this way I would not tell you if I did certainly know but wise Men see that plain enough without telling These People press upon the Lords in a way unknown in the English Government yea or in any setled Government in Christendom In conclusion they are taught to threaten the King and his Court in a strange Manner if they may not have speedy Justice The Bill comes up to the Lords when the House was none of the fullest but what made so many absent I know not and there it past And upon Sunday May 9. the King was so laid at and so frighted with these Bugbears that if Justice were not done and the Bill Passed for the Earl of Strafford's Execution the Multitude would come the Next Day and pull down White-Hall and God knows what might become of the King himself that these fears prevailing his Majesty gave way and the Bill passed and that Night late Sir Dudly Carlton one of the Clerks of the Council was sent to the Tower to give the Earl warning that he must prepare to Dye the Wednesday Morning following The Earl of Strafford received the Message of Death with great Courage yet Sweetness as Sir Dudly himself after told me On Munday Morning the Earl sent for the Lord Primate of Armagh to come to him He came and the same Day visited me and gave me very high Testimony of the Earl's Sufficiency and Resolution And among the rest this That he never knew any Lay-man in all his Life that so well and fully understood Matters of Divinity as the Earl did and that his Resolutions were as firm and as good In this Interim before the Day of his Death he made by his Friends two Suits to his Majesty The one that he might Dye privately within the Tower the other That his Death might be Respited till the Saturday that he might have a little more time to settle his Estate His Majesty sent these Requests to the Houses
own Innocency I would desert my Defence before I would indure such Language in such an Honourable Presence Hereupon some Lords shewed their dislike and wished him to leave and pursue the Evidence Mr. Brown in summing up the Charge made this a great matter The denial of the Pope to be Antichrist But I did not deny it nor declare any Opinion of my own And many Protestants and those very Learned are of Opinion that he is not 'T is true I did not I cannot approve foul Language in Controversies Nor do I think that the calling of the Pope Antichrist did ever yet Convert an Understanding Papist And sure I am Gabriel Powel's Peremptoriness to say no worse in this Point did the Church of England no Good no Honour in Foreign parts For there he affirms That he is as certain that the Pope is Antichrist as that Jesus Christ is the Son of God and Redeemer of the World As for the thing it self I left it free to all Men to think as their Judgment guided them As appears by the Licensing of Dr. Featly's Sermons where he proves the Pope in his Opinion to be Antichrist Where he calls him also the Whore of Babylon Which surely I should never have suffer'd to be Printed had I been her Pander And for Bishop Hall I only told him what King James had said and left him to make what use he pleased of it The Third Charge was out of a Paper which Bishop Hall about the time when he wrote his Book in defence of Episcopacy sent unto me containing divers Propositions concerning Episcopal Government In which either he or I or both say for that Circumstance I remember not That Church-Government by Bishops is not alterable by Humane Law To this I answer'd that Bishops might be regulated and limited by Human Laws in those things which are but Incidents to their Calling But their Calling so far as it is Jure Divino by Divine Right cannot be taken away They charge farther that I say this is the Doctrine of the Church of England And so I think it is For Bishop Bilson set out a Book in the Queen's time Intituled The Perpetual Government And if the Government by Bishops be Perpetual as he there very Learnedly proves thorough the whole Book it will be hard for any Christian Nation to out it Nor is this his Judgment alone but of the whole Church of England For in the Preface to the Book of Ordination are these words From the Apostles time there have been three Orders of Ministers in the Church of Christ Bishops Priests and Deacons Where 't is evident that in the Judgment of the Church of England Episcopacy is a different not Degree only but Order from Priesthood and so hath been reputed from the Apostles times And this was then Read to the Lords And the Law of England is as full for it as the Church For the Statute in the eighth of the Queen absolutely confirms all and every part of this Book of Ordination Where also the Law calls it The high Estate of Prelacy And Calvin if my old Memory do not fail me upon those words of St. John As my Father sent me so send I you c. says thus upon that place Eandem illis imponit Personam ac idem Juris assignat And if our Saviour Christ put the same Person upon the Apostles and assigned to them the same Right which his Father gave him it will prove a sour work to throw their Successors the Bishops out of the Church after Sixteen Hundred Years continuance And in the mean time cry out against Innovation For either Christ gave this Power to his Apostles only and that will make the Gospel a Thing Temporary and confined to the Apostles Times Or else he gave the same Power though not with such Eminent Gifts to their Successors also to propagate the same Gospel to the end of the World as St. Paul tells us he did Ephes. 4. Now all the Primitive Church all along gives Bishops to be the Apostles Successors and then it would be well thought on what Right any Christian State hath be their Absolute Power what it will to turn Bishops out of that Right in the Church which Christ hath given them The Fourth Charge was an Alteration made in a Brief for a third Collection for the distressed Ministers and others in the Palatinat The Queen of Bohemia was pleased to do me the Honour to write to me about this and because two Collections had been before her Majesty desired that this third might be only in London and some few Shires about it I out of my desire to relieve those distressed Protestants and to express my Duty to the Queen became an humble Suitor to his Majesty that this Collection also might go thorough England as the rest had done And 't is acknowledged by all that this I did Now the Witnesses which Accuse me for some Circumstances in this business are two 1. The First is Mr. Wakerly He says that Mr. Ruly who was employed by the Queen of Bohemia about this Collection was roughly used by me upon occasion of this Clause put into the Brief and which he says I caused to be altered This first is a bold Oath for Mr. Wakerly was not present but Swears upon Hearsay Secondly what kindness I shewed him and the Business is mentioned before and if for this kindness he had been practising with Mr. Wakerly about the Brief as I had probable Reason to suspect I cannot much be blamed if I altered my Countenance towards him and my Speech too which yet these Witnesses for the other agrees in this have no Reason to call rough Carriage only upon Mr. Ruly's unthankful Report He says That these words the Antichristian Yoak were 〈◊〉 out First this is more than I remember and the Briefs I had not to compare nor is there any necessity that two Briefs coming for the same thing with some Years distance between should agree in every Phrase or Circumstance Secondly if I did except against this passage it was partly because of the fore-recited Judgment of King James of which I thought his Son King Charles ought to be tender And partly because it could move nothing but Scorn in the common Adversary that we should offer to determine such a Controversie by a Broad Seal I remember well since I had the Honour to sit in this House the naming of Tithes to be due Jure Divino cast out the Bill A Prudent Lord asking the Peers whether they meant to determine that question by an Act of Parliament The other part of the Clause which they say was altered was the Religion which we with them profess Whence they infer because with them was left out that I would not acknowledge them of the same Religion which follows not For we may be and are of the same Religion and yet agree not with them in those Opinions in
glad of it In the mean time I could not but know though not perhaps prove as then that Sir Robert Howard laboured and contrived this conveyance And thereupon in the next sitting of the High-Commission Ordered him to be close Prisoner till he brought the Lady forth So he continued close Prisoner about some two or three Months For this the Fine above mentioned was imposed upon me as being a most Unjust and Illegal Imprisonment Whereas the Parliament to the great Honour of their Justice be it spoken have kept me in Prison now full thirteen Months and upward and have not so much as brought up a particular Charge against me and how much longer they will keep me God knows Now say that all Forms of Law were not observed by me yet somewhat was to be indulged in regard I did it to vindicate such a crying Impiety But yet I do here solemnly protest I observed the Order of the Court in which I sat and that Court setled by an Act of Parliament 1. Eliz. And I did not knowingly err in any particular More I could say in these my sufferings but I will blast no Family of Honour for one Man's fault On Thursday Januar. 21. 1640. A Parliament-Man of Good Note in the House of Commons and well interessed in divers Lords gave me to understand that some Lords were very well pleased with my patient and moderate carriage since my Commitment And that four Earls of great power in the House should say that the Lords were not now so sharp against me as they were at first and that now they were resolved only to Sequester me from the King's Counsels and to put me from my Arch-Bishoprick I was glad to hear of any favour considering the Times but considering my Innocency I could not hold this for favour And I could not but observe to my self what Justice I was to expect since here was a Resolution taken among the Leading Men of the House what Censure should be laid upon me before any Charge so much as in general was brought up against me CAP. VI. UPon Friday Feb. 26. I had been full ten weeks in restraint at Mr. Maxwell's House And this day being St. Augustine's day my Charge in general Articles was brought up from the House of Commons to the Lords by Sir Hen. Vane the Younger It consisted of Fourteen Articles These Generals they craved time to prove in Particular and that I in the mean time might be kept safe Upon this I was presently sent for to the House and the Articles were Read to me at the Bar. When the Clark of the Parliament had done Reading I humbly craved leave of the Lords to speak a few words which were to this effect My Lords This is a great and a heavy Charge and I must be unworthy to live if it can be made good against me For it makes me against God in point of Religion Against the King in point of Allegiance And against the Publick in point of Safety under the Justice and Protection of Law And though the King be little if at all mentioned yet I am bold to Name him because I have ever been of Opinion that the King and his People are so joyned together in one Civil and Politick Body as that it is not possible for any Man to be true to the King as King that shall be found Treacherous to the State Established by Law and work to the Subversion of the People Though perhaps every one that is so is not able to see thorough all the Consequences by which one depends upon the other So my Charge my Lords is exceeding heavy in it self though I as yet do not altogether feel the weight of it For 't is yet as your Lordships see but in Generals And Generals make a great noise but no Proof Whereas 't is Proof upon Particulars that makes the weight of a Charge sit close upon any Man Now my Lords 't is an old and a true Rule Errare contingit descendendo Error doth most often happen and best appear when Men descend to Particulars And with them when I shall be Charged I hope my Innocence will furnish me with a sufficient Answer to any Error of mine that shall be thought Criminal or any way worthy the Cognizance of this High and Honourable Court. As for Humane Frailties as I cannot acquit my self of them so I presume your Lordships will be favourable Judges of them Since in the Transaction of so many businesses as passed my Hands Men far abler than ever I can be have been subject to them and perhaps to as many and as great But for Corruption in the least degree I humbly praise God for it I fear no Accuser that will speak Truth But my Lords that which goes nearest unto me among these Articles is that I should be thought foul and false in the profession of my Religion As if I should profess with the Church of England and have my Heart at Rome and labour by all cunning ways to bring Romish Superstition in upon the Kingdom This my Lords I confess troubles me exceedingly and if I should forget my self and fall into passion upon it I should but be in that case which St. Jerome confessed he was in when he knew not how to be patient when Falshood in Religion was charged upon him And yet that was nothing so high a Charge as this which is laid against me Which is not only to be basely false my self but withal to labour to spread the same Falshood over the whole Kingdom And here I humbly besought their Lordships that I might a little inlarge my self and I did so But because I purpose here to set down the general Articles that were brought up against me and that one of them comes home to this point of Religion I shall put it off till I come to that Article and there set it down at large what I now said And this I do to avoid an useless and a tedious Repetition Here then follow the Articles themselves as they were that day Charged upon me with my general Answer to each of them And more I cannot give till Particulars shall be put up against me CAP. VII ARticles of the Commons assembled in Parliament in maintenance of their Accusation against William Laud Archbishop of Canterbury whereby he stands Charged with High Treason and other High Crimes and Misdemeanours 1. That he hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Kingdom And instead thereof to introduce an Arbitrary and Tyrannical Government against Law And to that end hath wickedly and Trayterously advised His Majesty that he might at his own Will and Pleasure Levy and take Money of his Subjects without their consent in Parliament And this he affirmed was warrantable by the Law of God I did never endeavour to subvert the Fundamental Laws of this Kingdom of England nor to introduce an Arbitrary or
Tyrannical Government contrary to Law I could not endeavour this my knowledge and judgment going ever against an Arbitrary Government in comparison of that which is settled by Law I learned so much long ago out of Aristotle and his Reasons are too good to be gone against And ever since I had the honour to sit at the Council Table I kept my self as much to the Law as I could and followed the Judgment of those great Lawyers which then sat at the Board And upon all References which came from His Majesty if I were one I left those freely to the Law who were not willing to have their business ended any other way And this the Lord Keeper the Lord Privy Seal and the Councel Learned which attended their Clients Causes can plentifully witness I did never advise His Majesty that he might at his own Will and Pleasure levy Money of his Subjects without their Consent in Parliament Nor do I remember that ever I affirmed any such thing as is Charged in the Article But I do believe that I may have said something to this effect following That howsoever it stands by the Law of God for a King in the just and necessary defence of himself and his Kingdom to levy Money of his Subjects yet where a particular National Law doth intervene in any Kingdom and is settled by mutual consent between the King and his People there Moneys ought to be Levied by and according to that Law And by God's Law and the same Law of the Land I humbly conceive the Subjects so met in Parliament ought to supply their Prince when there is just and necessary cause And if an Absolute necessity do happen by Invasion or otherwise which gives no time for Counsel or Law such a Necessity but no pretended one is above all Law And I have heard the greatest Lawyers in this Kingdom confess that in times of such a Necessity The King 's Legal Prerogative is as great as this And since here is of late such a noise made about the Subversion of the Fundamental Laws of the Kingdom and Mens Lives called this way in question 't is very requisite that these Fundamental Laws were known to all Men That so they may see the danger before they run upon it Whereas now the Common Laws of England have no Text at all In so much that many who would think themselves wronged if they were not accounted good Lawyers cannot in many points assure a Man what the Law is And by this means the Judges have liberty to retain more in Scrinio Pectoris than is fitting and which comes a little too near that Arbitrary Government so much and so justly found fault with Whereas there is no Kingdom that I know that hath a setled Government but it hath also a Text or a Corpus Juris of the Laws written save England So here shall be as great a punishment as is any where for the breach of the Laws and no Text of them for a Man's direction And under favour I think it were a work worthy a Parliament to Command some prime Lawyers to draw up a Body of the Common Law and then have it carefully Examined by all the Judges of the Realm and thoroughly weighed by both Houses and then have this Book Declared and Confirmed by an Act of Parliament as containing the Fundamental Laws of the Kingdom And then let any Man go to Subvert them at his Peril 2. He hath for the better accomplishment of that his Trayterous Design advised and procured divers Sermons and other Discourses to be Preached Printed and Published in which the Authority of Parliaments and the force of the Laws of this Kingdom are denied and an Absolute and Vnlimited Power over the Persons and Estates of his Majesties Subjects is maintained and defended not only in the King but also in himself and other Bishops above and against the Law And he hath been a great Protector Favourer and Promoter of the Publishers of such false and pernicious Opinions I have neither advised nor procured the Preaching Printing or Publishing of any Sermons or other Discourses in which the Authority of Parliaments and the force of the Laws of this Kingdom are denied and an Absolute and Unlimited Power over the Persons and Estates of his Majesty's Subjects maintained and defended Nay I have been so far from this that I have since I came into place made stay of divers Books purposely written to maintain an Absolute Power in the Kingdom and have not suffered them to be Printed as was earnestly desired And were it fit to bring other Mens Names in question and expose their Persons to danger I have some of those Tracts by me at this present And as I have not maintained this Power in the King's Majesty so much less have I defended this or any other Power against Law either in my self or other Bishops or any other Person whatsoever Nor have I been a Protector Favourer or Promoter of any the Publishers of such false and pernicious Opinions knowing them to be such Men. 3. He hath by Letters Messages Threats Promises and divers other ways to Judges and other Ministers of Justice interrupted and perverted and at other times by the means aforesaid hath indeavoured to interrupt and pervert the course of Justice in his Majesty's Courts at Westminster and other Courts to the Subversion of the Laws of this Kingdom whereby sundry of his Majesty's Subjects have been stopped in their Just Suits and deprived of their Lawful Rights and subjected to his Tyrannical Will to their utter Ruin and Destruction I have neither by Letters Messages Threats nor Promises nor by any other Means endeavoured to interrupt or pervert the course of Justice in his Majesty's Judges or other Ministers of Justice either to the Subversion of the Law or the stopping of the Subjects in their Just Suits Much less to the ruin or destruction of any one which God forbid I should ever be guilty of The most that ever I have done in this kind is this When some poor Clergy-Men which have been held in long Suits some Seven Nine Twelve Years and one for Nineteen Years together have come and besought me with Tears and have scarce had convenient Clothing about them to come and make their address I have sometimes underwritten their Petitions to those Reverend Judges in whose Courts their Suits were and have fairly desired Expedition for them But I did never desire by any Letter or Subscription or Message any thing for any of them but that which was according to the Law and Justice of the Realm And in this particular I do refer my self to the Testimony of the Reverend Judges of the Common Law 4. That the said Arch-Bishop hath Traiterously and Corruptly sold Justice to those that have had Causes depending before him by Colour of his Ecclesiastical Jurisdiction as Arch-Bishop High-Commissioner Referree or otherwise and hath taken unlawful Gifts and Bribes of his