in mother part of my Diocesse farther off every Parish hath his Priest and some two or three apiece and so their Masse-houses also in some places Masse is said in the Churches Fryars there are in divers places who goe about though not in their habit and by their imporâ—â—â—ate begging empoverish the people Who indeed are generally very poore as from that cause so from their paying double Tithes to their owne Clergy and ours from the dâ—â—th of Corne and the death of their Cattle these late yeers which the 〈◊〉 to their souldiers and their agents and which they forget not to reckon among other causes the appression of the Court Ecclesiastiasticall which in very truth any Lord I cannot excuse and doe seek to reforme For our owne there are some seven or eight Ministers in each Diocesse of good sufficiency and which is no small cause of the continuance of the people in popery still English which have not the tongue of the people nor can performe any divine offices or converse with them and which hold many of them two three foure or more Vicarages apiece even the Clerkships themselves are in like manner conferred upon the English and sometimes two or three or more upon one man and ordinarily bought and sold or let to farme c. His Majesty is now with the greatest part of this Country as to their hearts consciences King but at the Popes discretion c. Your Lordships most obliged servant in Christ Jesu WILL. KILMORE and ARDREN Kilmore the 1. of April 1630. His second Letter to the Lord Deputy of Ireland about the maintainance of the Army and the Cavan Petition which he sent inclosed in an other Letter to the Archbishop is somewhat more full and observable wherein there is this memorable passage concerning the encrease and insolencies of the Papists in Ireland which Letter he received thence Decemb. 4. 1633. Right Honourable my good Lord c. IN the midst of these thoughts I have been advertised from an honourable friend in England that I am accused to his Majesty to have opposed his service and that my hand with two other Bishops onely was to a writing touching the monies to be levyed on the Papists here for maintainance of the men of warre c. Indeed if I should have had such ad intention this had been not only to oppose the service of his Majesty but to expose with the publike peace mine own neck to the sâ—eans of the Romish Cut-throats I that know that in this Kingdome of his Majesty the Pope hath another Kingdome farre greater in number and as I have heretofore signified to the Lords Justices and Counsell which is also since justified by themselves in print constantly guided and directed by the Order of the new Congregation de propaganda side lately erected at Rome transmitted by the meanes of the Popes Nuncioes residing at Bruxels or Paris that the Pope hath here a Clergie if I may guesse by my owne Diocesse double in number to us the heads whereof are by corporall Oath bound to him to maintaine him and his Regalities contra omnem hominem and to execute his Mandates to the utmost of their forces which accordingly they doe stiling themselves in print Ego N. Dei c. Apostolicae Sedis gratia Episcopus Fermien Ossorien c. I that know there is in this Kingdome for the moulding of the people to the Popes obedience a rabble of irregular Regulars commonly younger Brothers of good houses who are growne to that insolency aâ— to advance themselves to be Members of the Ecclesiasticall Hierarchy in better ranke then Priests in so much as the censure of the Sorbon is faine to be implored to curbe them which yet is called in againe so tender is the Pope of his owne Creatures I that know that his Holinesse hath erected a new Vniversity at Dublin to confrant his Majesties Colledge there and to brâ—ed up the youth of this Kingdome to his devotion of which Vniversity one Paul Harris the Author of that infamous Libell which was put forth in print against the Lord Armaths Wansted Sermon stileth himselfe in print to be Deane I that know and have given advertisement to the State that these Regulars dare erect new Fryeries in the Country since the dissolving of those in the Citys that they have brought the people to such a sottish senselesnesse as they care not to learne the Commandements as God himselfe spake and writ them but they flock in great members to the preaching of new superstitious and detestable doctrines such as their owne Priests are ashamed of and at these they levy collections three four five six pound at a Sermon Shortly I that know that these Regulars and this Clergie have at a generall meeting like to a Synod as themselves stile it holden at Drogheda decreed that it is not lawfull to take the Oath of Alleagiance and if they be constant to their own doctrine doe account his Majesty in their hearts to be King but at the Popes discretion In this estate of this Kingdome to think the bridle of the Army may be taken away it should be the thought not of a brain-sick but brainlesse man c. The day of our deliverance from the popish Powder-plot Your Lordships in all duty WILLIAM KILMORE By these two Letters it is most apparent that this Arch-Prelat was from time to time acquainted with the extraordinary encrease and insufferable insolencies of the Papists in Ireland as likewise of their popish Arch-bishops and Bishops audacious proceedings in that Kingdome which he was more fully informed of by two printed papers sent to him by Archbishop Vsher the one in Latin the other in English found in his Study endorsed thus with his Secretary Dels hand May 3. 1632. Protestations of the Secular Priests in Ireland against Thomas Flemming Arch-bishop of Dublin one whereof was read at the Lords Barre To all the most Illustrious Archbishops and Bishops of Ireland but more particularly to those of the Province of Dublin their honourable Lords David Bishop of Ossory John of Fernes Rosse of Kildare and Matthew Vicar Apostolicall of Lagblem MOST Illustrious Lords and Reverend Bishops the Priests of Dublin make their complaint before you that the most Illustrious Arch-bishop of Dublin Thomas Flemming of the Order of Saint Francis without alleaging my cause against them onely for his will and at his pleasure useth to exile and banish Priests out of his Diocesse and they protest that in so doing he exerciseth a tyranny over the Clergie contrary to the Canons of holy Church and the Lawes and Statutes of this Kingdome Most Illustrious Lords and Reverend Fathers in Christ the aforesaid Priests doe make their complaints that the same most Illustrious Arch-bishop of Dublin Thomas Flemming of the Order of Saint Francis though humbly sought unto and desired doth refuse to doe them justice in their causes neither yet will be permit the Clergie to follow their
Canterburies Doome OR THE FIRST PART OF A COMPLEAT HISTORY OF The Commitment Charge Tryall Condemnation Execution of WILLIAM LAVD Late Arch-Bishop of CANTERBURY Containing the severall Orders Articles Proceedings in PARLIAMENT against him from his first Accusation therein till his Tryall Together with the Various Evidences and Proofs produced against him at the LORDS Bar in justification of the first branch of the COMMONS Charge against him to wit His Trayterous Endeavours to Alter and Subvert Gods True Religion by Law established among us to introduce and set up Popish Superstition and Idolatry in liew thereof by insensible Degrees and to Reconcile the Church of England to the Church of Rome by sundry Jesuiticall Pollices Practises with his severall Answers to those Evidences Proofs and the COMMONS Reply thereunto Wherein this Arch-Prelates manifold Trayterous Artifices to Usher in Popery by Degrees are cleerly detected and the Ecclesiasticall History of our Church-affaires during his Pontificall Domination faithfully presented to the publike View of the World By WILLIAM PRYNNE of Lincolns Inne Esquire Specially deputed to this publike Service by the House of Commons Order Dated 4 Martii 1644. PSAL. 7. 14 15 16. Behold he travelleth with Iniquity and hath conceived Mischiefe and brought forth Falshood He made a pit and digged it and is fallen into the Pit that he digged His Mischiefe shall return upon his own Head and his Violent dealing shall come down upon his own Pate PSAL. 9. 16. The Lord is known by the Judgement which he executeth the Wicked is snared in the worke of his own hands LONDON Printed by John Macock for Michael Spark senior at the sign of the Blue Bible in Green Arbour 1646. Die Martis 4 Martii 1644. ORdered by the Commons Assembled in Parliament that Master Prynne be desired to Print and publish all the Proceedings concerning the Archbishop of Canterburies Triall with the approbation of the Committee that managed the Evidence at the said Tryall And Master Prynne hath power to View and send for Writings Papers Orders and Records and to take Coppies thereof as he sees cause H. Elsynge Cler. Parl. D. Com. TO The Right Honourable the Lords and Commons In PARLIAMENT Assembled YOUR HONOURS earnest desires expressed in the premised Order inevitably engaging me to compile and publish to the World A compleat History of the famous Tryall of the late decapitated Archbishop of Canterbury I have without other motives in Obedience thereunto with as much Expedition as my many other distracting Occasions and the Vastnesse of the Work would permit finished the First Part thereof which I here humbly tender to Your Honourable Patronage and Acceptance comprising The severall Orders Articles and Parliamentary Proceedings against him from his Originall Impeachment till his Triall together with the Commons Various Evidence his severall Answers to it and their Replies upon them in maintenance of the First Generall Branch of their Charge of High Treason against him to wit His Trayterous Endeavours to alter subvert Gods true Religion by Law established among us to introduce Popish Superstition and Idolatry in liew thereof and to reconcile the Church of England to the Church of Rome by sundry Jesuiticall Stratagems The guilt of which black Execrable Charge wherein he most of all protested and endeavoured to clear his pretended Innocency both during his Triall at the Bar and at his Death on the Scaffold as that which did most nearly concern him in his function as an Arch-Prelate and in his Religion as a Protestant was so abundantly evidenced so firmly fixed upon his White Rochet by a various multiplicity of unavoydable proofs impregnable Demonstrations which all his Sophistry Oratory Subtilty Protestations could no wayes enervate or evade that it will stick fast upon him for Eternity maugre all his own verball Apologies during his life or the Malignant Panegyricks the scandalous Relations of any Anti-parliamentall or Prelaticall Sycophants since his death Who in open affront of Your most memorable Exemplary Justice upon this Arch-Traytor the very Sourse and Compendium of all our late miseries have proclaimed him to Posterity in their late lying Legends of his death A most Glorious Martyr as the Papists did his most Trayterous Predecessor Becket and already canonized him for A SAINT perchance because beheaded on Saint Williams day the Popish Archbishop of Bourges in France as great a disturber in his time of that Kingdomes publike peace and course of Justice yea as grand an Incendiary of the bloody Wars against the Albigenses French Protestants as this Archbishop was of our Kingdoms tranquility its publike Justice and stirrer up of the War against the Scots yet for all this enrolled in the Red Calender of Romish Saints There have lately come unto my hands two Oxford Pamphlets the one intituled A true Relation of the Death of the most Reverend Father in God William Lord Archbishop of Canterbury upon Tower hill January 10. 1644. First Printed at Oxford and since at Bristol Anno 1644. Which begins thus On Fryday Jan. 10. THE REBELS MARTYRED the most Reverend Father in God William Lord Archbishop of Canterbury upon Tower hill after they had kept him prisoner above four years And then relating his speech and Prayer on the Scaffold it concludes in these words Thus dyed the KINGS and the CHURCHES MARTYR a man of such Integrity Learning Devotion and Courage as had he lived in the Primitive times they would have given him another name whom though the cheated multitude were taught to misconceive for these honoured him yet impartiall posterity will know how to value him when they hear the Rebels sentenced him the very same houre that they voted down the Liturgy of the Church of England whose innocency cryes to heaven for Vengeance upon the heads of these destroyers who pile MURTHER upon Murther to fortifie their Covenant that upon this generation may come all the RIGHTEOUS BLOOD from him whose blood was first shed to the pulling down this great Pillar of our Church which if you consider is THE MOST GROUNDLES MALITIOUS SOLEMNE STUDIED MURTHER THAT EVER WAS COMMITTED IN THIS WRETCHED ISLAND The later Pamphlet Imprinted at Oxford of the same Subject dated as the former inscribed A briefe Relation of the Death and Sufferings of the most Reverend and Renouned Prelate the Lord Archbishop of Canterbury with a more perfect Coppy of his Speech and other passages â—n the Scaffold than hath been hitherto Imprinted thus blazons this Arch-traytors Innocency merits sufferings He that had so long lived a Confesser a Popish Confessor if he please to the Duke of Buckingham and others could not but think it release of misery to be made a MARTYR He ascended the Scaffold with so brave a courage such a cheerfull countenance as if he had mounted rather to behold a Triumph than to be made a Sacrifice and came not there to dye but to be translated and to say truth it was no Scaffold but a Throne a
that valiant Noble Knight Sir Charles Coote which for Poor dying Irelands sake to corroborate the late admirable discoveries from thence by the Popish Archbishop of Tuams Papers and others surprised by this Sir Charles I dare not conceal I SIR Charles Coote do hereby testifie that being at Oxford the last Summer as one of the Agents for the Protestants of Ireland and finding the Irish Popish Agents then to be very prevalent there and the Archbishop of Armagh to be often present at the Debates concerning the businesse of Ireland and conceiving him to have some power with his Majesty I addressed my selfe to the said Archbishop and besought him that he would interpose his power with his Majesty in the behalfe of the Protestants for if the Irish Agents obtained their desires the Protestants in Ireland were destroyed and Popery would be introduced to which the Arch-Bishop replyed That was the intention which he knew better then I did and said WE MUST SUBMIT Dated this 14. of Aprill 1645. CHARLES COOTE A very strange speech of a Saint-seeming Protestant Arch-Prelate What must we submit to the destruction of the Protestants in Ireland and the introduction of Popery there and not once oppose it and will such an Arch-Prelate as he refuse to use his utmost interest in the Kings favour to withstand it when desired If this be the Doctrine of the zealous Lord Primate of Ireland that we must submit to the introducing of Popery there the projected design of the Primate and Metropolitan of all England and Ireland too the better to accomplish it in England as we have here and elswhere manifested the God of heaven for ever deliver us from such an hypocriticall false Archiepiscopall generation of Vipers whose heads and hopes of succession in both Kingdomes we trust Your Honours have for ever cut off in the decapitation of this Archbishop of Canterbury the very worst of al his Trayterous Predecessors their crimes being all concentred in him whose famous Triall Judgement Execution shall eternize Your memorable Justice to posterity and deter all other ambitious pragmaticall Clergy men from treading in his fatall foot-steps the sign of the Arch-bishops head when seriously beheld being as good a Memento for wicked Prelates Councellors to scare them from his trayterous practises as the sight of a corrupt Judges skin in Herodotus nayled to the Tribunall was to his successors to deter them from bribery and injustice If I have done any acceptable service for Your Honourable Assembly and the Church of God in pubilshing these first Fruits of my Obedience to Your just Desires the favourable Acceptance of what I have already composed with much difficulty and lesse exactnesse then I desired will be an incouragement to me if God send life and leisure to present Your Honours in due season with the remainder of this History In the mean time I shall become a dayly Orator to the Throne of Grace to make and continue Your Honourable Houses and Committees a mountain of holinesse an habitation of Justice to execute the Justice of the Lord to do Justice to the afflicted and needy in ridding them out of the hands of the wicked and to distribute equall speedy judgement to all oppressed ones who complain unto and on all Delinquents justly convicted before Your Honours without any respect of persons or byasse of interest or affections according to the old inflexible rules of Law and Justice that so no person whatsoever may have any occasion to take up the Prophets complaint against You as some have causlesly done That Judgement is turned away backward justice standeth a far off and equity cannot enter there is no judgement in their goings We looked for judgement but behold oppression for righteousnesse but behold a cry Moreover we saw under the sun the place of judgement that wickednesse was there and the place of righteousnesse that iniquity was there It was full of Judgement righteousnesse lodged in it heretofore but now murderers and oppressers Is there no Balm in Gilead is there no Physitian there why then is not the health of the daughter of our people recovered But that al such fals clamours being wholly silenced by Your care and justice our whole Nation may unanimously trumpet forth these worthy prayses of your Houses Committees that Justice and Judgment are the Habitation of Your Throne as they are of Gods and that like good King David you all do execute justice and judgment to all the people judging them with just judgment without wresting perverting justice or respect of persons and that which is altogether just do you follow Which will be Your Honours brightest Crown of glory our Kingdomes greatest security our peoples most desireable Felicity yea is and shall be the Vote the Prayer of Your Honours most devoted Servant WILLIAM PRYNNE Lincolns Inne Aprill 20 1646. To the Christian Reader CHristian Reader that experimentall Observation of the naturall Historian Quo majus est animal tanto diutius formatur in utero c. Singulos gignunt Elephanti Acanthis auis minima duodenas Ocyssime pariunt qui plurimos gignunt may be a satisfactory Apology for the Slownesse the Singlenesse of this long-expected Birth Elephants are much longer forming ripening in the Wombe then Mice and Cathedrall Histories as well as Churches require more time to finish them then Pettie Relations We read John 2. 20. that the later Temple of Ierusalem was 46. yeares in building yet this large folio Edifice hath been compiled compleated within the compasse of so many Weekes notwithstanding my many other dayly interruptions Avocations publike and private in so much that none can justly tax me with Sloathfulnesse or Negligence in this publike Service the toylesomnesse whereof hath deterred all others from undertaking it and devolved it wholly upon me who in regard of my few Vacant Minutes for such a vast Vndertaking must humbly crave thy pardon for all Defects Errataes Oversights either in the penning or printing In this part of the Archbishops Tryall thou maiest clearly discerne not onely his Popish Spirit together with his Activity and Jesuiticall Practises to undermine our established Religion introduce Popery among us by degrees and reduce us back to our ancient Vassallage to Rome but likewise read over a true Ecclesiasticall History of our Church during all the time of his domination and from the result of all I shall desire thee like the industrious sagacious Bee which extracts hony out of poysonous Herbs to collect some profitable Meditations for thy spirituall advantage Some whereof I have already hinted in the Epistle Dedicatory and shall here but lightly touch First here thou mayest see that of the Psalmist so experimentally verified that thou mayest take up his very words Ps 37. 35 36 38. I have seen the wicked in great power and spreading himself like a green bay tree Yet he passed away and loe he was not yea I sought
have beene by His Majestie and his Royall Ancesters granted to the Dutch and French Churches in this kingdome And divers other wayes hath expressed his malice and disaffection to these Churches that so by such disunion the Papists might have more advantage for the overthrow and extirpation of both 13. Hee hath malitiously and traiterously plotted and endeavoured to stirre up warre and enmity betwixt his Majesties two Kingdomes of England and Scotland and to that purpose hath laboured to introduce into the Kingdome of Scotland divers Innovations both in Religion and Government all or the most part of them tending to Popery and superstition to the great grievance and discontent of his Majesties Subjects of that Nation and for their refusing to submit to such Innovations hee did trayterously advise his Majesty to subdue them by force of Armes and by his owne Authority and Power contrary to Law did procure sundry of his Majestyes Subjects inforced the Clergie of this Kingdome to contribute towards the maintenance of that war And when his Majesty with much wisdom Justice had made a Pacification betwixt the two Kingdomes the said Archbishop did presumptuously censure that pacification as dishonourable to his Majesty and by his councells and endeavours so incensed his Majesty against his said Subjects of Scotland that he did thereupon by advice of the said Archbishop enter into an offensive warre against them to the great hazard of his Majesties person and his Subjects of both Kingdomes 14. That to preserve himselfe from being questioned for these and other his trayterous courses he hath laboured to subvert the rights of Parliament and the ancient course of Parliamentary proceeding and by false and malitious slanders to incense his Majesty against Parliaments By which words counsels and actions he hath traiterously and contrary to his allegiance laboured to alienate the hearts of the Kings liege people from his Majesty and to set a devision betweene them and to ruine and destroy his Majesties Kingdomes for which they doe impeach him of High Treason against our Soveraigne Lord the King his Crowne and Dignity The said Commons do further averre that the said William Archbishop of Canterbury during the times that the crimes aforementioned were done and committed hath beene a Bishop or Archbishop of this Realme of England one of the Kings Commissioners for Ecclesiasticall matters and one of his Majesties most honourable Privie Councell and hath taken an oath for his faithfull discharge of the said Office of Councellor and hath likewise taken an oath of supremacy and Allegeance And the said Commons by protestation saving to themselves the liberty of exhibiting at any time hereafter any other accusation or impeachment against the said Archbishop and also of replying to the Answers that the said Archbishop shall make unto the said Articles or to any of them and of offering further proofe also of the Premises or any of them or of any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliament require do pray that the said Archbishop may be put to answer to all and every the premises and that such proceedings examination tryall and Judgment may be upon every of them had and used as is agreeable to Law and Justice The Articles being read Mr. PYMME proceeded in his Specch as followeth My Lords THere is an expression in the Scripture which I will not presume either to understand or to interpret yet to a vulgar eye it seemes to have an aspect something sutable to the Person and Cause before you It is a description of the evill Spirits wherein they are said to be spirituall wickednesses in high places Crimes acted by the spirituall faculties of the Soule the Will and the Vnderstanding exercised about spirituall matters concerning Gods Worship and the Salvation of Man seconded with power authority learning and many other advantages do make the party who commits them very sutable to that description Spirituall wickednesses in high places These crimes My Lords are various in their Nature heynous in their quality and universall in their extent If you examine them Theologically as they stand in opposition to the truth of God they will be found to be against the rule of Faith against the power of godlinesse against the meanes of Salvation If you examine them Morally as they stand in opposition to the light of Nature to right reason and the principles of humane society you will then perceive pride without any moderation such a Pride as that is which exalts it selfe above all that is called God Malice without any provocation Malice against vertue against innocencie against piety injustice without any meanes of restitution even such injustice as doth robbe the present times of their possessions the future of their possibilities If they be examined My Lords by Legall Rules in a Civill way as they stand in opposition to the Publique Good and to the Lawes of the Land Hee will be found to be a Traytor against his Majesties Crown an Incendiary against the Peace of the State he will be found to be the highest the boldest the most impudent Oppressour that ever was an Oppressor both of King and People This Charge my Lords is distributed and conveyed into 14. severall Articles as you have heard and those Articles are only generall It being the intention of the House of Commons which they have commanded me to declare to make them more certaine and particuler by preparatory Examinations to be taken with the helpe of your Lordships house as in the Case of my Lord of Strafford I shall now runne through them with a light touch only marking in every of them some speciall point of venome virulency and malignity 1. The first Article my Lords doth containe his endeavour to introduce into this Kingdome an Arbitrary power of Government without any limitations or Rules of Law This my Lords is against the safety of the Kings Person the honour of his Crowne and most destructive to his people Those Causes which are most perfect have not only a power to produce effects but to conserve and cherish them The Seminary vertue and the Nutritive vertue in vegetables do produce from the same principles It was the defect of justice the restraining of oppression and violence that first brought Government into the World and set up Kings the most excellent way of Government And by the maintenance of justice all kinds of Government receive a sure foundation and establishment It is this that hath in it an ability to preserve and secure the Royall power of Kings yea to adorne and encrease it 2. In the second Article your Lordships may observe absolute and unlimited power defended by Preaching by Sermons and other discourses printed and published upon that subject And truly my Lords it seemes to be a prodigious crime that the truth of God and his holy Law should be perverted to defend the lawlesnesse of men That the holy and
the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any further or other accusation or impeachment against the said Wil. Laud Archbishop of Canterburie and also of replying to the answer that he shall make unto the said Articles or any of them Or offering proofe of the premisses or any other impeachments or accusations that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that he the said Wil. Laud Archbishop of Canterbury may be called to answer the said severall crimes and misdemeanors and receive such condigne punishment as the same shall deserve and that such further proceedings may bee upon every of them had and used against him as is agreeable to Law and Justice These additionall Articles were sent up from the Commons to the Lords House by Master Serjeant Wilde the 23. of October 1643. Whereupon the Lords made this ensuing Order Die Luna 23. Octob. 1643. ORdered c. That the Lord Archbishop of Canterbury shall put in his Answer in writing into this House by the thirtieth day of this instant October unto the particular Articles in maintenance of their former impeachment of High Treason and diverse High Crimes and misdemeanours brought up from the House of Commons against him and remaining now before the Lords in Parliament The Arch-bishop being served with this Order the same day the next morning sent this Petition written with his owne hand to the Lords To the Honourable the Lords assembled in the High Court of PARLIAMENT The humble Petition of William Laud Archbishop of Canterbury Humbly Sheweth THat he hath received your Lordships Order of October 23. 1643. with a Coppie of the Articles charged against him and requiring him to make answer Most humbly prayeth that according to an Order of that Honourable House he may have Councell assigned him and that Master Hearne and Master Chute may bee his Councell and have free liberty to come unto him and that he may have some money out of his estate to fee his Councell and defray his other charges he having beene for this last whole yeare very burdensome to his friends And further that he may have all his papers and bookes most of which belong to his defence which Master Prynne tooke from him by Order from the Lords delivered unto him that he may be able to answer for himselfe That also he may have time and means to send for his witnesses which can hardly be done in the time limited And that he may have his servants about him to send about his necessary occasions And lastly that he may have * longer time the Articles being large and many And he shall ever pray c. William Cant. Which Petition being read in the Lords House October 24. 1643. thereupon this Order was framed Die Martis 24. October 1643. VPon the reading of the Petition of the Lord Arch-Bishop of CANTERBURY this day in the House It is Ordered c. That time is given him untill munday the sixth of November next for the putting in his answer in writing into this House unto particular Articles brought up from the House of Commons in maintenance of their former impeachment of High Treason and diverse high Crimes and misdemeanours against him That Master Heron and Master Chute are hereby assigned of Councell for the drawing up of his Answer who are to bee permitted to have free accesse in and out to him That this House doth hereby recommend to the Committee of Sequestrations that the said Lord Arch-Bishop shall have such meanes aforded him out of his estate as will enable him to pay his Councell and defray his other charges That when his Lordship shall set down particularly what papers writings are necessary for his defence that should be restored unto him their Lordships will take it into consideration That upon his Lordships nominating who shall be his Solicitor the Lords will returne their answer And for the witnesses when a day shall be appointed for his Lordships tryall this House will give such directions therein as shall be just * Die Sabbati 28. October 1643. ORdered c. That Master Hales is hereby appointed to be of Councell with the Lord Arch-Bishop of Canterbury with his other Councell already appointed for the drawing of his answer to the charge of the House of Commons against him And that Master W. Dell Master Richard Cobb and Master George Smith his Lordships servants shall have liberty to attend the said Archbishops severall affaires and be permitted to come in and out unto him as there shall be occasion After which October 31. hee exhibited this Petition to the Lords To the Right Honourable the Lords Assembled in PARLIAMENT The Humble Petition of William Archbishop of Canterbury Most humbly Seweth THat Your Petitioner having presented against him by the honourable House of Commons to Your Lordships an impeachment Intituled farther Articles of impeachment by the Commons assembled in Parliament of high Treason and divers high crimes and misdeamenours to which by your Honorable Order of the twentie fourth of October annexed he is directed to put in his answer in writing by Munday the sixth of November and hath thereby Councell assigned him to draw up the same That Your Petitioners Councell upon reading of the Articles finding that as well in the frame as the conclusion thereof the matters of Crime and misdemeanours are so interwoven with references to the matters thereby charged as Treason as they cannot take upon them to distinguish them and conceiving it not to have bin your Lordships intention by their assignments they should advise an answer to any part of the impeachment charged against your Petitioner as Treason doe forbeare to advise your Petitioners answer to the said Articles without some declaration first had which of the said Articles are intended to be a charge of high Treason and which of them of Crimes and misdemeanours without which your Petitioner is like to be deprived of the assistance of Councell granted by your Lordships Order Your Petitioner humbly beseecheth Your Lordships in this so heavy a charge upon him from so great and Honourable a body in such a straight of time that it may be declared which of the said Articles are intended to be charges of Crimes and misdemeanours only in which Your Petitioner may have the assistance of His Councell assigned him to advise him in his Answer thereunto And that your Lordships will be further Honourably pleased to inlarge your Petitioner in the time allotted for his Answer And Your Petitioner shall pray c. William Cant. Vpon which Petition this Order was formed Die Martis 31. October Ordered c. That the Lord Arch-Bishop of Canterbury shall have time to put in his answer to the impeachment of the House of Commons untill Munday the thirteenth of October next And that this House doth forbeare to declare any opinion concerning the severall Articles of the said
the parties lay there buried And is it not then a far greater madnesse superstition and ridiculous frenzie for this domineering Arch-Prelate to deem these two Chappels prophane places unfit to administer the Sacraments and celebrate divine Service in because never yet consecrated by a Bishop not onely after three but almost three-score yeares use and practise of divine Service Sermons Sacraments in them When as neither his predecessors Whitgift Bancroft and Abbot men very ceremonious and two of them much addicted to superstition ever so much as moved any such question concerning the necessity of their consecration Especially since there is no such Canon Law to enforce the consecration of them now as was to justifie the re-hallowing of S. Maries Church in Queen Maries time which the Popish Canon Law then approved in the case of Bucer and Fagius We read in the Ecclesiasticall Constitutions of Otho the Popes Legat made in an English Synode in the Raigne of King Henry the third that even in those dark times of Popery there were not only divers Parish Churches but some Cathedrals in England which were used as such for many yeares yet never consecrated by a Bishop as appears by these words of the Constitution it self Multas invenimus Ecclesias aliquas Cathedrales quae licet fuer unt ab antiquo constructae nondum tamen sunt sanctificationis Oleo consecrate Whereupon this Popish Legat for his own lucher Enjoyned all Churches then built or to be built to be consecrated within two years space under pain of interdiction from having Masse said in them unlesse some reasonable cause were shewed to the contrary By colour of which Popish constitution this Prelate it seems urged the consecration of these ancient Chappels there being no other shaddow of reason Canon or authority for it After this Archbishop had thus procured a power to himself to visit the Vniversity of Cambridge Matthew Wren Bishop of Ely Decemb. 1. 1639. Sent him up an account signed with his own hand of some things amisse within his Diocesse and that University which he left to his Graces consideration to amend which account was seized by Master Prynne in his study at Lambeth and thus indorsed with the Arch-bishops own hand My Lord of Elyes Account 1639. In which there were these two Passages concerning consecration of Chappels The first concerning a Chappell in Sir John Cuts house in the town of Childerley which Chappell the Knight said was consecrated by Bishop Heton producing an Instrument under seal purporting that on such a day at Childersly Bishop Heton did consecrate a Chappell by saying Service there himselfe and having a Sermon this was all the Solemnity of its Consecration I questioning the whole matter have required him to waiteupon your Grace to see whether that consecration must be allowed of The second concerning some Chappels in Colledges never yet consecrated which is thus expressed in this Account It was presented unto me That in the Colledges of Emanuel Sidney and Corpus Christi there have been Roomes built within the memory of man which are used for common Chappels wherein they have dayly prayers and do Preach there without any faculty or license granted unto them so to do And wherein also they ordinarily celebrate the holy Communion The said places never having been consecrated thereunto Ma. Elie. The Scottish troubles it seems prevented his consecration of these Chappels which were sufficiently hallowed before by the Divine Duties exercised in them The last Chappell we finde consecrated was that in Covent Garden which was hallowed or rather prophaned with all Popish Ceremonies expressed in the Roman Pontificall and far more than were used at Creed-Church The Arch-bishop having thus far advanced his Popish designes in consecrating Churches Chappels and Church-yards proceeded one step further even to set up the exploded Annuall Baccanalian feasts of Dedication whereon Churches were hallowed prescribed at first onely by the Decrees of Pope Felix Pope Gregory recorded by Gratian De Consecratione Distinct 1. who Decreed thus Solennitates Ecclesiarum dedicationem per singulos annos solemniter sunt celebrandae Those Feasts of Dedication turned by the people into meer Bacchanals were exceedingly declaimed against as necessary to be suppressed by Nicholaus de Clemangiis in his Tract De Novis Celebritatibus non instituendis suppressed by the Injunctions of King Henry the S. An. 1536. As the occasion of much idlenesse excesse riot and pernicious to the Souls of men Whereupon they were all of them restrained to the first Sunday in the moneth of October not to be kept on any other day and afterwards totally abolished by the statute of 5. and 6. E. 6. c. 3. Of holy-dayes Which being revived again by degrees with their Baccanalian disorders in sundry places of this Realm under the names of Wakes or Revels and suppressed by some Judges in their Circuits and Justices of Peace in Sessions this Arch-bishop in the year of our Lord 1633. by a Declaration compiled by himselfe but published in his Majesties Name intituled The Kings Majesties Declaration concerning Lawfull Sports to be used revived and enjoyned the Observation of these Wakes and Feasts of Dedication never formerly established by any Christian Prince together with the use of divers Sports and pastimes on the Lords own Sacred day after Divine Service ended to the great Dishonour of God of his Majesty of our Religion the disturbance of the Civill Government encrease of all Licensiousnesse prophanenesse impiety and great griefe of all godly peoples Souls This Book he enjoyned all Ministers to read and publish openly in the Church in time of Divine Service though not commanded by the King and those who out of conscience refused to read it in this kinde were by his means suspended excommunicated prosecuted in the High-Commission Sequestred from their Livings yea many of them enforced to desert their Cures and depart the Kingdome this book being made a snare onely to entrap or suppresse most of the painfull godly preaching Ministers throughout the Realm who were all more or lesse prosecuted about it Yet such was this Arch-Prelates unparallel'd impiety transcending all examples in former Ages that he not onely caused his Instruments Edmond Reeve Dr. Heylyn Christopher Dowe and others to defend the Lawfulnesse and usefulnesse of this prophane licentious Declaration but also to justifie the persecution silencing suspending depriving of those Godly Ministers who out of Conscience refused to publish it in sundry Printed Books authorized by him and his Chaplaines for the Presse Quis talia fando temperet à Lachrymis at leastwise can refrain from the heaviest censures against this prophane Arch-bishop That this Declaration since ordered to be publikely burnt by the common hangman by Order of both Houses of Parliament was Printed published by the Archbishops procurement and upon what Occasion was thus attested upon Oath by Master Edward Richardson and Master Prynne Sir Thomas Richardson Lord chiefe Justice
himselfe if questioned for it upon any future occasion CHARLES R. CAnterbury See that Our Declaration concerning Recreations on the Lords day after Evening Prayer be Printed By all these Premised evidences it is most apparent that the Archbishop was the principall Actor in the publication of this Licentious Book to Gods and his Majesties dishonour which we shal further evidence by this writing under his owne hand The Declaration concerning Lawfull sports on the Lords day His Majesty Commanded me to se it Printed The motives to it were 1. A generall and superstitious opinion conceived of that day 2. A Booke set out by Theophilus Brabourne 1628. Iudaisme upon Christian principles and perverted many 3. A great distemper in Somerset-shire upon the forbiding of the wakes in the sowernesse of this opinion an Act of a Iudge that rid that Circuit March 15. 1627. And followed by another 1630. And his Majesty troubled with Petitions and motions by some cheife men of that county on both sides 4. His Royall Fathers example upon the like occasions in Lancashire After the publishing of this Declaration the Lord Richardson returning from his Circuit was by the Archbishops means convented before the King and Lords at the Councell Table about the forementioned Passages in his Charge in justification of the order against Wakes according to his duty and for revoking it in such a slight manner as much as in him lay for which he was so shaken up by the Archbishop that comming very dejectedly with tears in his eyes out of the Councel Chamber the Earle of Derset seeing him in such a sad condition and demaunding him how he did he answered Very ill my Lord for I am like to bee choaked with the Archbishops Lawn-sleeves And for this cause alone as he and others conceived he was by the Archbishops means to his great griefe and losse put from Riding the Westerne and enforced to Ride the Essex Circuit reputed the meanest of all others which no Chiefe Iustice but the puny Iudge or Serjeants only used to Ride notwithstanding the Lord Cottington and others earnestly moved His Majesty that he might ride some other Circuit After this the Archbishop intending to make this Declaration for Sports an Engine to insnare suspend silence and root out all conscientious preaching Ministers throughout the Realm by degrees the better to usher in Popery Ignorance and prophanesse enjoyned all Ministers to read this Declaration personally in their Churches in time of Divine Service such who out of conscience refused to read it were by the Archbishops own speciall direction suspended from their office and Benefice Excommunicated vexed in the High-commission and some of them there sentenced and deprived of their livings for this pretended crime though against no Law or Canon of God or man for proofe whereof these ensuing testimonies were produced First Sir Nathaniell Brent attested upon Oath that when he was appointed by the Archbishop as his Vicar Generall to Visit within the Diocesse of Canterbury the Archbishop himselfe gave him a speciall charge to convent all Ministers before him who would not read the Booke for sports on the Lords day and to suspend them for it and that he gave them particular order by name to suspend Mr. Culmer Master Player and Mr. Hieron three eminent preaching Ministers in Kent for not reading the sayd Booke of Sports Whereupon he did much against his will and judgement suspend them all ab Officio Beneficio and forced some of them to allow twenty pound a peice or more to Officiate the Cure during their suspension After which he received another speciall command from the Archbishop to suspend Mr. Wilson for the selfe-same cause whereupon he did accordingly suspend him Master Richard Culmer deposed at the Lords Barre upon oath that he being Minister of Goodneston in the County of Kent Mr. John Player Minister of Kennington and Mr. Thomas Hieron Minister of Hornhill in the said County they were all three convented by the Archbishops direction before Sir Nathaniell Brent for not reading the Booke for Lords-day sports and after that all three of them suspended from their Ministry and Livings in the Archbishops Consistory for the same Whereupon they soone after repaired to Lambeth to the Archbishop and there joyntly Petitioned him for Absolution from this unjust Suspension who reading their Petition and understanding the cause of their suspension for not reading that unwarrantable Declaration the Archbishop gave them this peremptory Answer If you know not how to obey I know not how to grant whereupon they continued thus suspended about three whole yeares and seven Moneths not being permitted to preach or instruct their people to their great griefe and the profits of their Livings were sequestred towards the maintenance of Deboist unedifying Curates who seldome preached And though this Deponent did divers times afterwards Petition the said Archbishop to take off his suspension yet he refused to do it calling him refractory fellow and saying it should continue and so it did he being not only deprived of his Ministry but also of all the profits of his Living having himselfe his Wife and 7. small Children to provide for which suspension and sequestration continued upon him till the Scotts comming in and then the Archbishop Absolved him more out of feare of the Scots than good will so as hee might justly say Gramercy good Scott for his liberty Master Thomas Wilson a godly learned Minister now of the Assembly deposed at the Barre that the Archbishop himselfe sent for him to Lambeth and demanded of him whether he had publikely read the Booke of Sports in the Church to which he answered no whereupon the Archbishop replied I Suspend you for ever from your office and Benefice till you read it whereupon hee was suspended and his Living sequestred for foure years space After which he was brought into the high-Commission at Lambeth by the Archbishops means and there Articled against for not reading the said Booke to his great cost and vexation Master Prynne attested that Mr. Wrath and M. Erbery were brought up out of Wales Mr. William Iones out of Glocestershire and divers others from other parts into the High-Commission at Lambeth for not reading this Declaration for Pastimes on the Lords day and the keeping of Wakes and Church-ales and that hee found this following Petition concerning the same subject among Sir Iohn Lambs sequestred papers with an Answer to it under the Archbishops owne hand manifesting his owne direction for prosecuting of one Henry Page a godly Vicar in the high-Commission for refusing to read this Declaration and expressing his dislike thereof To the most Reverend Father in God William Lord Archbishop of Canterbury his Grace Primate c. The humble Petition of Francis Thompson Gent. IN all Duty sheweth That whereas one Henry Page Vicar of Sedbury in the County of Hereford having taken upon him the Cure of Soules there hath many times used divers and sundry scandalous and ignominious
His Majesties Commissioners to this strict authority that J cannot say but sure J am that till that time the Lords day never had attained such credit as to be thought an Article of the faith though of some mens fancies Nor was it like to be of long continuance it was so violently followed THE WHOLE BOOKE BEING NOW CALLED IN and in the place thereof the Articles of the Church of England confirmed by Parliament in that Kingdome Anno 1634. Vniformity with the Church of England was the pretence for revoking these Articles but the reall cause was because they defined in terminis The Pope to be Antichrist the Church of Rome to be no true Church the Lords day to be totally sanctfied and all the Arminian Tenets to be erronious contrary to the established Doctrine both of the Church of England and Ireland Grand obstacles to this Arch-Preltats Popish designes and therefore necessary to bee sette aside These Articles being thus repealed the Archbishop soon after sent over Master Chapple the most notorius seducing Arminian in the whole Vniversity of Cambridge into Jreland to be President of the Colledge of Dublin there to poyson that Vniversity with his Arminian Drugs which he there publikely vented as Dr. Hoyle Divinity Reader in that Vniversity attested upon Oath who had frequent contestations with him concerning the same This Chapple joyning with Dr. Bramhall Chaplaine to the Lord Deputy Wentworth a professed Arminian who managed all the Ecclesiastical affaires of that Church under the Archbishop and Lord Deputy raised a great party there to oppose and suppresse the truth What influence this Arch-Prelate likewise had upon the Prelates and Clergy of Scotland and how farre he proceeded in introducing Arminianisme by it Popery into the Church of Scotland is so largely demonstrated by M. Baily in his Canterburians selfe-conviction the last Edition that we shall not here insist upon it And thus we have given you a true and Copious Evidence of this Arch-Prelates endeavours to undermine our established Religion by introducing fomenting dangerous Arminian Errors in all our three Kingdomes of purpose to Vsher Popery into them by insensible degrees through this Iesuiticall devise We shall now proceed to his varius attemps and endeavours to undermine the established Protestant and advance the Romish Religion in our Churches by introducing broaching maintaining printing publishing all kind of Doctrinall points of Popery by suppressing Bookes and purging out Passages against them in old and new writers by promoting protecting the Propugners discouraging persecuting the oppugners of Popish Assertions Sermons Pamphlets and sundry other practises The Authorizing Printing dispersing Popish Bookes Doctrines and prohibiting contrary Impressions to refute them being the most pernitious destructiue prevalent project of all others to undermine Religion seduce corrupt both the present and future Generations with Popish Errors and set up Popery in its full vigor we shall begin with this Archbishops various practises concerning the Authorising printing dispersing of Popish prohibiting suppressing purging corrupting Orthodox Bookes against Popery wherein he directly traced the Popish Prelates Jesuites footsteps The Pope with Popish Prelates and Jesuites being Masters of the printing Presses in most parts had foure principall wayes to advance Popery and suppresse the Protestant Religion in relation only to printing The first was to License and print sundry Books and Discourses from time to time upon al occasions in defence of their Erronious Popish Tenets against the Protestants The second to prohibit sundry speciall Treatises against Popery to bee printed reprinted dispersed or read and to seize on and suppresse them in all places with greatest diligence when printed The third to purge out the principall Passages Motives Invectives against Popery and its abuses in all old printed Books ere they should bee reprinted and out of all new Bookes tendred to the Presse before they could gaine License to passe it The fourth to punish the Authors Printers dispersers of any prohibited or unlicensed Books against Popery with the severest censures all which is abundantly evident by their severall Indices Librorum Prohibitorum and Librorum Expurgandorum by the Provinciall Councell of Sennes Anno 1528. Apud Surium Concil Tom. 4. p. 718. to 723. Laurentius Bochellius Decreta Ecclesia Gall lib. 1. Tit. 10. De Libris vetitis cap. 1. to 29. The Statute of 34 and 35. H. 8. c. 1. Master Fox his Acts and Monuments the old Edition pag. 536. 573. 680. 450. 1335. c. Dr. Iames his Index Generalis Librorum prohibitorum a Pontifieijs c. Oxon 1627. Antonij Posseâ—ini Bibliothesa selecta with sundry others The Arch-bishop in imitation of this their policy first of all ingrossed the sole power of licensing all new Bookes of Divinity into his owne his Chaplaines and Creatures hands so as nothing could passe the Presse with publique approbation but by his or their precedent approbation without danger of ruine to the Authors Printers Stationers Venders Dispersers And because he feared and experimentally discerned that when Stationers or Printers were restrained to print new Bookes against Popery they would presently fall to reprint old ones formerly licenced by Authority to prevent this inconvenience to the Popish party he procured this ensuing Decree of his owne contriving to be ratified by the Lords in the Starre-Chamber then sent it to the Stationers to print and commanded them punctually to observe it whereby he Monopolized the sole power of authorizing Divinity Bookes for the Presse to himselfe and his Agents and restrained the reprinting of all Books though formerly printed by Authority without a speciall review and relicencing of them by him and his Chaplaines This Decree was intituled A Decree of Star-Chamber concerning Printing made the first day of July 1637. Imprinted at LONDON by Robert Barker c. 1637. This Decree in the Printed Order of Star-chamber prefixed thereunto is Expresly alleaged to be drawne and Penned by the advice of the most Reverend Father in God the Lord Archbishop of Canterbury his Grace the Right Honourable and Right Reverend Father in God the Lord Bishop of London Lord High Treasurer of ENGLAND and of the Lord Keeper the Lord chiefe Justices and Lord chiefe Barron when it was the Archbishops project only who sent it to the Presse the others names being used only for conformity as M. Walley others attested upon Oath We shall rehearse only such clauses thereof as are most observable pertinent to our purpose 2. Jtem That no person or persons whatsoever shall at any time print or cause to be imprinted any Booke or Pamphlet whatsoever unlesse the same Booke or Pamphlet and also all and every the Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters or things whatsoever thereunto annexed or therewith imprinted shall be first lawfully licenced and authorized only by such person and persons as are hereafter expressed and by no other and shall be also first entred into the Registers Booke of the Company
meere art to deterre others from opposing his Graces Popish Innovasions the only prosecutor appearing against him And his shaking up or menacing of his advocate an unlawfull act to discourage him from making any defence and subject his Client to a censure Therefore inexcusable 3ly The main Article against Mr. Burkit was only for his and the Church-wardens removing of the Table when the Sacrament was administred into the body of the Church without the rayles according to the Rubrick Queene Elizabeths Injunctions and the 28. Canon the other Articles being but frivilous not insisted on And for this he was molested in the High Commission yea a traditio Satana a turning over of him to Sir John Lamb pronounced against him who used him like a Lyon a Wolfe in a Lambes Skin 4ly For the Churchwardens of Beckingtons most severe illegall harbarous prosecution we have proved by the deposition of Mr. Iohn Ash a Member of the Commons House that the Archbishop himselfe since his Imprisonment in the Tower confessed that Bishop Pâ—â—res their Diocesâ—n did do nothing herein but by his direction If therefore the rule in Law bee true Plus peccat Author 〈◊〉 Actor he must be far more guilty both of their prosecution Excommunication and heart-breaking submission then Bishop Peirce his Instrument 5ly For Ferdinando Adams he was excommunicated in the Archbishops name by Mr. Dade his Surrogate and this Excommunication pleaded in Barre of his Bill in Starchamber The processe Pursivants sent out to apprehend him and the imprisonment of his Attorney till he withdrew his 〈◊〉 were all by the Archbishops procurement His shutting Bishop VVrens Visitors out of the Church at Jpsmich unlesse they derived their Authority by Letters Patens from the King was warranted by the Statut of 1 Eliz. c. 1. Therefore his prosecution only for his duty and allegeance to the King against the Bishops disloyall incroachments was most unjust and disloyall 6ly Iohn Premly was not prosecuted by Sir Nathaniell Brent but by the Archbishop himselfe for opposing his order in the Metropoliticall Visitation in removing the Lords Table placed Altarwise to the place and posture wherein it formerly stood for which he was fined censured imprisoned in the High Commission where the Archbishop sate chiefe Iudge against all Law and Iustice his act being no contempt nor offence in Law but the Archbishops order by Sir Nathaniell Brent his Visitor and Dr. Nevells act a contempt against Law and Canon 7ly Mr. Sherfield was prosecuted principally by the Archbishops procurement for demolishing according to Law an Idolatrous blasphemous false Image of God the Father which was openly Idolized Hee was then a Justice of Peace Recorder of Sarum and had the Warrant of the whole Vestry wherein were six or seaven Iustices of Peace at that time to demolish this Image and take downe the whole Window which all the Kings Subjects and Iustices of Peace especially have authority to demolish by the Statutes of 3. Ed. 6. c. 10. 3. Iac. c. 5. The Book of Homilies and Queene Elizabeths Injunctions n. 23. within their severall Parishes without any speciall order from King or Bishop yea God himselfe gives speciall Commands not only to the supreame Majestrate but to the Common People also to destroy Idolls 〈◊〉 Jmages and Altars Exod. 34 13. 14. Deut. 7. 5. c. 12. 1. 2. â— Isay 17. 78. In pursuance of which commands not only King Asa 2 Chron. 14. 3. King Hezechiah 2 Kings 18. 4. King Manassâ—h 2. Chron. 33. 15. King Josiah and his people a Chron. 34. to â— demolished and brake in peeces Idolatrous Altars and Jmages but likewise ALL THE PEOPLE of the Land went into the House of Baal and brake it downe Altars and Jmages brake they in peeces and â—low Matâ—an the Priest of Baal before the Altars 2 Kings 11. 1â— without any speciall Warrant or command from King Iehoâ—sh or Iehoâ—ada which the Holy Ghost records for their honour yet were they never questioned or fined in Starchamber for it because they had no warrant from either of them â—â— after King Hezechiah his Passeover the Scripture expresly records 2 Chron. 30 13. 14. c. 31. 1. That ALL ISRAEL that were present went out to the Cities of Iudah and brake the Images in peeces and cut downe the groves and threw downe the High places and Altars out of all Iudah and Benjamin in Ephraim also and Manassith untill they had utterly distroyed them all which is recorded to their Eternall honour by God himselfe nor were they ever questioned or fined for a Riot in any Starchamber or High Commission or for going out of their owne limits or doing this without a speciall Commission from the King Therefore Mr. Sherfield being a publike Majestrate both as a Iustice or Peace and Recorder of Sarum might much more by the whole Vestries Order demolish this Idolatrous Picture in his owne Parish Church in such a privat manner as he did without blame or censure having sufficient authority from these Texts and Presidents of Scripture and from the forecited Statutes and Injunctions to warrant it every man in such a case being a lawfull Majestrate without any speciall warrant Thus the common people in Girmany and else where in the beginning of Reformation brake downe the Popish Images and Altars without any speciall Order from the Superior or Inferior Magistrates as Mr. Fox and others record And therefore his Doctrine of the Archbishops that it is unlawfull to break downe the very Image and Temple of Iupiter and Esculapius where the Divell himselfe was worshiped without the speciall command of the supreame Magistrate is a most impious Paradox for if the supreame Magistrate will give no such command these Idols Devills shall still be to erated worshiped to Gods dishonour and Religions slander in despite of all the people and inferior Magistrates As for the place of Eusebius it only proves that Idolatrous Statues Images Temples were demolished by the Emperor Constantines speciall command but that the Christians under him might not lawfully have defaced them without such a speciall command especially after a Generall Statute and Edicts published by him for their demolishing without being lyable to a seveer censure the only thing in question is no wayes warranted by nor deducible from Eusebius nor Saint Augustine Yea had Mr Sherfields zeale out-run his discretion in this act it deserved rather applause then censure from a Protestant Prelate yet this Bishop was so far from excusing extenuating that hee aggravated his pretended offence beyond all bounds of Law Iustice Conscience pleaded as zealously for the lawfullnesse of Images in Churches and of this abominable Idoll of God the Father as the Pope himselfe could have dont yea he abused Master Sherfeild in his speech and censured him with the highest though a Bishop when some temporall Lords excused yea acquitted him And though this censure was not his alone but carried by the Major voyce yet his voyce Speech violence occasioned and aggravated it For his
Throne whereon he was shortly to receive a Crown even the most glorious Crown of MARTYRDOME After which he stiles him A glorious Martyr his blood Innocent blood yea thou extols his Innocency and Canonizeth him for a Saint in a Poeticall Elegie especially in these ensuing lines Through the hand Of base detraction practise to defame Thy spotlesse Virtues yet impartiall fame Shall do thee all just honour and set forth To all succeeding times thy matchlesse worth No Annalls shall be writ but what relate Thy happy influence both on Church and State Thy zeal to publike Order thy great parts For all affairs of weight thy love to Arts And to our shame and his great glory tell For whose dear sake by whose vile hands he fell A death so full of Merits of such price To God and man so sweet a sacrifice As by good Church-Law may his name prefer To a fixt Rubrick in the Calender And let this silence the pure Sects complaint If they make Martyrs we may make a SAINT c. And not onely these Anonymous Pamphleters but King Charles himself who not long before had given him an ample Pardon as a Traytor under his great Seal of England forgetting what he had done herein doth in his own Letter to the Queen dated Jan. 14. 1644. cry up this headlesse Arch-bishop for a Martyr yea deems his blood so meritorious so Innocent that being totally the Parliaments he beleeves it no presumption hereafter to hope that Gods hand of Justice for the Parliaments just effusion of his blood must be thence-forth heavier upon them and lighter upon him and his Anti-parliamentary Partie looking now upon their cause having passed by their faults If his blood so lately shed by the axe of Justice be already become so meritorious as to ballance the scales of Gods Justice in this manner we may justly fear it will in few years more grow into as great esteem at Court as Thomas of Beckets his Trayterly predecessors blood did in former times among the Prelatical Popish party who attributed more efficacy to it then to Christs and therfore presumed most blasphemously to pray to Christ himselfe to save them by his own but this Arch-Traytors blood in this distick Tu per Thomae Sanguinem quem prote impendit Fac nos Christe scandere quo Thomas ascendit But as the manifold glorious Victories miraculous Successes of the Parliaments Forces since his Execution have experimentally frustrated this his Majesties groundlesse Hope and Presumption that Gods hand of Iustice would be heavier upon the Parliaments Party but lighter upon him and his by reason of his crying blood it being never lifted up so extraordinarily so visibly for the Parliament before nor falling so heavily upon the King and his Partizans as since his beheading and the Kings overconfident relying on the Merits of the Blood of such a Traytot for successe in his warrs against the Parliament So I presume the setting forth of this History of his Tryall will soon Un-Martyr Un-Saint Uncrown this Arch-Imposter by presenting him in his Proper Colours stript of all Disguises and render him so desperately criminall so transcendently Trayterous in all respects especially in point of undermining the Protestant Religion wherein himself and his Parasites have endeavoured most of all to vindicate his Innocency that all Generations will unaminously pronounce him the Archest Enemy to the most active universall Underminer of the Protestant Religion established among us that ever breathed in English ayre and readily acknowledge that no Ecclesiasticall Annalls ever recorded his Paralell for multiplicity of desperate cunning Jesuiticall Stratagems secretly to subvert that Orthodox Reformed Religion which himselfe pretended to professe nay propagate and patronize It is far below the Magnanimity of my Spirit in the least measure maliciously to blast the Fame or revengefully to triumph over to trample upon the Ashes of a Vanquished Enemy whom I never dreaded or slandered all his life forgave and pittied both before and at his death the Memory of whose Capital crimes should have expired with his breath and been eternally buried in oblivion with his Corps by me had not Your Honors superiour Commânds necessitated me to revive record them to Posterity since his death as well as to give them in evidence at his Tryall for Vindication of Your untainted Justice and the Common Good to deter all others in future Ages from the like Trayterous Practises If any therefore deem my Expressions concerning him or his actions over-lavish malicious or revengefull let them impartially compare them with his Criminall Offences here recorded which they hardly equalize or fall far short of and then if they warrant not the harshest Epithites the blackest Characters here bestowed on him let me eternally bear the blame and shame but if they be scarce proportionate to his Treasons his grand Misdemeanors which must be blazoned and set forth in language suitable to their transcendent Hainousnesse not minced not extenuated by over-diminutive expressions I hope none will or can be so injurious as to charge me with Calumny much lesse Scurrility or Revenge who never yet particularly demanded received the least farthing Recompence from him or any of his for all the barbarous Cruelties Oppressions Imprisonments great Losses Dammages I sustained eight years space together onely for discovering opposing countermining to the utmost of my skill and power all Popish Plots Innovations Proceedings of this Arch-Prelate and his confederates to undermine our Religion re-establish Popery among us by degrees and set up an arbitrary Papall power the better to effect the same the onely reall cause of all my former sufferings Yet three things there are I foresee may possibly be objected against me by his complices which need some Answer to prevent their causelesse Calumnies The first is That in this History of his Tryall I have at large inserted some particular papers passages especially in the Catalogue of the Arminian Popish Errours vented in and of the clauses against them purged out of late new Printed Books which were not actually or at least fully read at the Lords Bar Therefore I am guilty of partiality and unfaithfulnesse in relating the Evidence given in against him at the Bar by these additions to it To which I answer First that all the Evidence Passages here at large recited with many more were prepared and ready by me at the Bar yea the effect of every Paper passage here recorded was in generall terms opened pressed at the tryall though not all fully read and particularly urged for want of time which I have here more largely inserted for clearing the truth and satisfying the Reader the most materiall passages being onely read at large the rest of like nature but briefly referred to in generall to avoyd prolixity and husband time Secondly that I have largely recorded none of these Passages here by way of New Additionall Evidence requiring answer but onely for illustration or corroboration of the old fully given
hath wickedly and traiterously advised His Majestie that he might at his owne will and pleasure leavie and take money of his Subjects without their consent in Parliament and this hee affirmed was warrantable by the Law of God 2. Hee hath for the better accomplishment of that his traiterous designe advised and procured Sermons and other discourses to be preached printed and published in which the Authoritie of Parliaments and the force of the Lawes of this Kingdome have beene denyed and absolute and unlimited power over the persons and estates of His Majesties subjects maintained and defended not onely in the King but in himselfe and other Bishops against the Law And he hath beene a great protector savourer and promoter of the publishers of such false and pernicious opinions 3. Hee hath by Letters Messages Threats and promises and by diverse other wayes to Judges and other Ministers of justice interrupted and perverted and at other times by meanes aforesaid hath endeavoured to interrupt and pervert the course of Justice in His Majesties Courts at Westminster and other Courts to the subversion of the Lawes of this Kingdome whereby sundry of His Majesties Subjects have been stopt in their just suits deprived of their lawfull righte and subjected to his tyrannicall will to their ruine and destruction 4. That the said Archbishop hath traiterously and corruptly told ustice to those who have had causes depending before him by colour of his Ecclesiasticall jurisdiction as Archbishop High Commissioner Referree or otherwise and hath taken unlawfull gifts and bribes of His Majesties Subjects and hath as much as in him lies endeavoured to corrupt the other Courts of justice by advising and procuring His Majestie to sell places of Judicature and other Offices contrary to the Laws and Statutes in that behalfe 5. He hath traiterously caused a booke of Canons to be composed and published without any lawfull warrant and authoritie in that behalfe in which pretended Canons many matters are contained contrary to the Kings Prerogative to the fundamentall Lawes and Statutes of this Realme to the right of Parliament to the propriety and libertie of the Subject and matters tending to sedition and of dangerous consequence and to the establishment of a past unlawfull and presumptuous power in himselfe and his successors many of which Canons by the practise of the said Archbishop were surreptitiously passed in the late Convocation without due consideration and debate others by feare and compulsion were subscribed by the Prelates and Clerkes there assembled which had never beene voted and passed in the Convocation as they ought to have beene And the said Archbishop hath contrived and endeavoured to assure and confirme the unlawfull and exorbitant power which he hath usurped and exercised over His Majesties Subjects by a wicked and ungodly oath in one of the said pretended Canons injoyned to be taken by all the Clergie and many of the Laitie of this Kingdome 6. He hath trayterously assumed to himselfe a papall and tyrannicall power both in Ecclesiasticall and Temporall matters over his Majesties Subjects in this Realme of England and in other places to the disherison of the Crowne dishonour of His Majestie and derogation of his supreme authoritie in Ecclesiasticall matters And the said Archbishop claimes the Kings Ecclesiasticall jurisdiction as incident to his Episcopall Office and Archiepiscopall in this Kingdome and doth deny the same to bee derived from the Crowne of England which he hath accordingly exercised to the high contempt of his Royall Majestie and to the destruction of divers of the Kings liege people in their persons and estates 7. That he hath traiterously indeavoured to alter and subvert Gods true Religion by Law established in this Realme and in stead thereof to set up Popish superstition and Idolatrie And to that end hath declared and maintained in Speeches and printed books diverse popish doctrines and opinions contrary to the Articles of Religion established by Law Hee hath urged and injoyned diverse popish and superstitious Ceremonies without any warrant of Law and hath cruelly persecuted those who have opposed the same by corporall punishments and Imprisonments and most unjustly vexed others who refused to conforme thereunto by Ecclesiasticall censures of Excommunication Suspension Deprivation and Degradation contrary to the Lawes of this Kingdome 8. That for the better advancing of his traiterous purpose and designe he did abuse the great power and trust His Majestie reposed in him and did intrude upon the places of diverse great Officers and upon the right of other His Majesties Subjects whereby he did procure to himselfe the nomination of sundry persons to Ecclesiasticall Dignities Promotions and benefices belonging to His Majestie and divers of the Nobilitie Clergie and others and hath taken upon him the commendation of Chaplaines to the King by which meanes he hath preferred to His Majesties service and to other great promotions in the Church such as have been Popishly affected or otherwise unsound and corrupt both in doctrine and manners 9. Hee hath for the same trayterous and wicked intent chosen and imployed such men to be his owne Domesticall Chaplaines whom he knew to be notoriously disaffected to the reformed Religion grosly addicted to popish superstition and erroneous and unsound both in judgement and practise and to them or some of them hath he committed the Licensing of Bookes to be printed by which meanes divers false and superstitious bookes have beene published to the great scandall of Religion and to the seducing of many His Majesties Subjects 10. Hee hath traiterously and wickedly endeavoured to reconcile the Church of England with the Church of Rome and for the effecting thereof hath consorted and confederated with diverse Popish Priests and Jesuites and hath kept secret intelligence with the Pope of Rome and by himselfe his Agents and instruments treated with such as have from thence received authoritie and instruction hee hath permitted and countenanced a Popish Hierarchie or Ecclesiasticall government to bee established in this Kingdome by all which trayterous and malicious practises this Church and Kingdome hath beene exceedingly indangered and like to fall under the Tyrannie of the Roman See 11. He in his owne person and his Suffragans Visitors Surrogates Chancellors and other Officers by his command have caused divers learned pious and Orthodox Ministers of Gods Word to be silenced suspended deprived degraded excommunicated and otherwise grieved without any just and lawfull cause and by diverse other meanes he hath hindered the preaching of Gods Word caused divers of His Majesties loyall Subjects to forsake the Kingdome and increased and cherished Ignorance and profanenesse amongst the people that so hee might the better facilitate the way to the effecting of his owne wicked and traiterous designe of altering and corrupting the true religion here established 12. He hath traiterously endeavoured to cause division and discord betwixt the Church of England and other reformed Churches and to that end hath supprest and abrogated the Priviledges and Jmmunities which
had separated from Rome ever since the time of Reformatior An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate quality and nature of their Office and Prelaticall Hierarchie which did bring forth the Pope in Ancient times and never ceaseth till it bringeth forth popish Doctrine and worship where it is once rooted and the Principles thereof somented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch was not able to beare the one being the same in all the parts and powers which it was in times of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their owne testimonies and confessions the Kirks of Scotland had amongst them no small eminencie This also we represent to Your Lordships most serious consideration that not only the fire-brands may be removed but that the fire may be provided against that there be no more combustion after this This charge of the Scots against the Arch-Bishop was usherd in with this Introduction in the Scotish Treatie which clearely manifests him to be excepted by name out of the Act of Pacification and Oblivion by the fourth clause thereof An Introduction to the accusation against Canterbury and the Leiutenant of IRELAND SEeing His Majestie hath beene Gratiously pleased concerning out fourth demand to declare that all his subjects shall be lyable to the tryall and sentence of the Parhament respective And seeing the Incendiaries are of two sorts either of the English or Scottish Nation to bee tryed here or there of the Scottish wee shall speake afterward And for the present we shall deliver to your Lordships the grounds of our complaint against the Prelate of Canterbury and the Leiutenant of Ireland whom the Kingdome of Scotland have conceived and expressed to have beene prime Incendiaries that they may be fully presented to your Lordshipps to the Kings Majesty and to the Parliament without prejudice alwayes unto us to adde hereafter what we shall find necessarie And although we do not presently verefie every point therein yet our present proofs of some principall points our probable presumptions of the rest which are annexed therewith are sufficient ground cum constat de incendio to one Nation to desire another to put them per viam transitionis to a tryall and to examine all the Councellors and others here who may be conceived to have beene eye or eare witnesses of any of the Councells speeches or Actions lyable to the Charge and for saving unnecessarie charges and travell to the subjects to direct Commissions and all other Warrants requisite to such as his Majesty and the Parliament shall think fit for examining all such persons as may be apprehended to have knowledge of any of these Councells Speeches or Actions which are alleadged to have beene in Ireland and that upon such Interrogatories as we shall give unto the Parliament shall be pleased to adde for triall All which we earnestly crave of his Majesty and the Parliament as we desire that his Majesty may be pleased to send Warrant to the Committee of at Esr like or to the Sheriffes of Shires for examining witnesse anent the oath pressed upon any of our Country men and other wrongs contained in the complaint if they be not sufficiently proved here 14. December 1640. After these Originall Articles exhibited against the Archbishop both by the Scottish Commissioners and House of Commons to the House of Peeres the Archbishop delaying to plead unto them and the Parliament being taken up with many emergent weighty affaires for their owne and the Kingdomes necessary preservation by reason of the unnaturall bloody Rebellion in Ireland and Warres in England so reploted and raised by the popish party the proceedings against him were respited neare two yeares space And then the Commons intending to bring him to a speedy triall exhibited these ensuing Additionall Articles against him not much different from the Originall except in some particulars Further Articles of Impeachment by the Commons assembled in Parliament against William Laud Archbishop of CANTERBVRY of high Treason and divers high Crimes and Misdemeanours as followeth 1. THat the said Archbishop of Canterbury to introduce an Arbitrary Government within this Realme and to destroy Parliaments in the third and fourth yeares of his Majesties reigne that now is a Parliament being then called and sitting at Westminster traiterously and maliciously caused the said Parliament to be dissolved to the great grievance of his Majesties subjects and prejudice of this Commonwealth And soone after the dissolution thereof gave divers Propositions under his hand to George then Duke of Buckingham casting therein many false aspersions upon the said Parliament calling it a factious Parliament and falsly affirming that it had cast many scandalls upon his Majesty and had used him like a child in his minority stiling them Puritans and commending the Papists for harmlesse and peaceable subjects 2. That within the space of ten yeares last past the said Archbishop hath treacherously endeavoured to subvert the fundamentall Lawes of this Realme and to that end hath in like manner endeavoured to advance the power of the Councell Table the Canons of the Church and the Kings Prerogative above the Lawes and Statutes of the Realme And for manifestation thereof about six yeares last past being then a Privy Councellor to his Majesty and sitting at the Councell Table he said that as long as he sate there they should know that an Order of that Board should be of equall force with a law or Act of Parliament And at another time used these words That he hoped ere long that the Canons of the Church and the Kings Prerogative should be of as great power as an Act of Parliament And at another time said that those that would not yeeld to the Kings power hee would crush them to peeces 3. That the said Archbishop to advance the Canons of the Church and power Ecclesiasticall above the law of the Land and to pervert and hinder the course of Iustice hath at divers times within the said time by his letters and other undue meanes and solicitations used to Iudges opposed and stopped the granting of his Majesties Writs of Prohibition where the same ought to have beene granted for stay ef proceedings in the Ecclesiasticall Court whereby justice hath beene delayed and hindered and the Iudges diverted from doing their duties 4. That for the end and purpose aforesaid about seaven yeares last past a Iudgment being given in his Majesties Court of Kings Bench against one Burley a Person being a man of bad life and conversation in an Information upon the Statute of 21. Hen. 8. for wilfull Non-residency the said Archbishop by solicitations and other undue meanes used to the Iudges
of that Court caused Execution upon the satd Judgment to be stayed and being moved therein and made acquainted with the bad life and conversation of the said Person he said that he had spoken to the Judges for him and that he would never suffer a Iudgment to passe against any Clergy-man by nihil dicit 5. That the said Archbishop about eight yeares last past being then also a privy Councellor to his Majesty for the end and purpose aforesaid caused Sir Iohn Corbet of Stoak in the County of Salop Baronet then a Iustice of peace of the said County to be committed to the Prison of the Fleet where he continued Prisoner for the space of halfe a yeare or more for no other cause but for calling for the Petition of Right 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 Archbishop without any colour of right by a writing under the Seale of his Archbishopricke granted a way parcell of the Glebe land of the Church of Adderly in the said County whereof the said Sir Iohn Corbet was then patron unto Robert Vscount Kilmurrey without the consent of the said Sir Iohn or then the incumbent of the said Church which said Viscount Kilmurrey built a Chappel upon the said parcell of Glebe land to the great prejudice of the said Sir Iohn Corbet which hath caused great suits and dissentions betweene them And whereas the said Sir Iohn Corbet had a judgment against Sir Iames Stonehouse Knight in an action of Waste in his Majesties Court of Common Pleas at Westminster which was afterwards affirmed in a writ of Error in the Kings Bench and Execution thereupon awarded yet the said Sir Iohn by meanes of the said Archbishop could not have the effect thereof but was committed to Prison by the said Archbishop and others at the Councell Table untill he had submitted himselfe unto the order of the said Table whereby he lost the benefit of the said Judgment and Execution 6. That whereas divers gifts and dispositions of divers summes of money were heretofore made by divers charitable and well disposed persons for the buying in of divers Impropriations for the maintenance of preaching the word of God in severall Churches the said Archbishop about eight yeares last past wilfully and maliciously caused the said gifts feoffements and conveyances made to the uses aforefaid to be overthrowne in his Majesties Court of Exchequer contrary to Law as things dangerous to the Church and State under the specious pretence of buying in Appropriations whereby that pious worke was suppressed and trodden downe to the great dishonour of God and scandall of Religion 7. That the said Archbishop at severall times within these ten yeares last past at Westminster and else where within this Realme contrary to the knowne Lawes of this Land hath endeavoured to advance Popery and Superstition within the Realme And for that end and purpose hath wittingly and willingly received harboured and relieved divers popish Priests and Iesuits namely one called Sancta Clara alias Damport a dangerous Person and Franciscan Fryer who having written a Popish and seditious Booke intituled Deus natura gratia wherein the thirty nine Articles of the Church of England established by Act of Parliament were much traduced and scandalized The said Archbishop had divers conferences with him while he was in writing the said Booke and did also provide maintenance and entertainment for one Mounsieur St. Giles a Popish Priest at Oxford knowing him to be a Popish Priest 8. That the said Archbishop about foure yeares last past ut Westminster aforesaid said that there must be a blow given to the Church such as hath not beene yet given before it could be brought to conformity declaring thereby his intention to bee to shake and alter the true Protestant Religion established in the Church of England 9. That in or about the month of May 1641. presently after the dissolution of the last Parliament the said Archbishop for the ends and purposes aforesaid caused a Synod or Convocation of the Clergie to be held for the severall Provinces of Canterbury and Yorke wherein were made and established by his meanes and procurement diverse Canons and Constitutions Ecclesiasticall contrary to the Lawes of this Realme the Rights and Priviledges of Parliament the Liberty and propriety of the Subject tending also to seditior and of dangerous consequence And amongst other things the said Archbishop caused a most dangerous and illegall Oath to be therein made and contrived the tenor whereof followeth in these words That I A. B. doe sweare that I do approve the Doctrine and Discipline or Government established in the Church of England as containing all things necessary to salvation And that I will not endeavour by my selfe or any other directly or indirectly to bring in any Popish Doctrine contrary to that which is so established Nor will I ever give my consent to alter the Government of this Church by Archbishops Bishops Deanes and Arch-Deacons c. as it stands now established and as by right it ought to stand Nor yet ever to subject it to the usurpations and superstitions of the Sea of Rome And all these things I doe plainly and sincerely acknowledge and sweare according to the plaine and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And this I do heartily willing and truely upon the saith of a Christian So helpe mee God in Jesus Christ Which Oath the said Archbishop himselfe did take and caused diverse other Ministers of the Church to take the same upon paine of suspension and deprivation of their livings and other severe penalties And did also cause Godfrey then Bishop of Gloucester to be committed to prison for refusing to subscribe to the said Canons and to take the said Oath and afterward the said Bishop submitting himselfe to take the said Oath he was set at liberty 10. That a little before the calling of the last Parliament Anro 1640. a Vote being then passed and a resolution taken at the Councell Table by the advice of the said Archbishop for assisting of the King in extraordinary wayes if the said Parliament should prove peevish and refuse to supply His Majestie the said Archbishop wickedly and malitiously advised His Majestie to dissolve the said Parliament and accordingly the same was dissolved And presently after the said Archbishop told his Majesty that now he was absolved from all rules of Government and left free to use extraordinary wayes for his supply For all which matters and things the said Commons assembled in Parliament in the name of themselves and of all the Commons of England doe impeach the said Archbishop of Canterbury of high Treason and other crimes and misdemeanours tending to the subversion of our Religion Lawes and Liberties and to the utter ruine of this Church and Common-Wealth And
principells of Error and Darknesse how can it be expected better then that the people should be even ready to stone him as they did him that did but Act the part of Bellerophon in Rome But to avoyde this danger he conveyes in this poyson in a guilded Pill with baites and pretences of Reconciliation a pleasing snare Laqueus Diaboli ad miserorum animas ad infernum detrudendas A beade Roll of particulars might be recited wherein this Reconcilement was to be wrought in points of Free-will Merits Justification Vniversall grace Purgatory and in effect all the rest To draw on these there must be an introducing of Popish Ceremonies in all the particulars contained in the Masse-Bookes and Pontificalls themselves and to make way for these the Booke of Sports must bee published and pressed beyond the Kings intention or Declaration which was but a civill Command but hee subjoynes Ecclesiasticall penalties even the sharpest suspention deprivation and the like these executed on diverse good and godly men with a high hand Thus a liberty proclaimed not to Captives but to profane Caitifes this day set a part by God ab eterno exposed and prostituted to all loosenesse and irreligion and that by a Law This Lambe taken out of his bosome Iehosaphat sends Priests Levites into all the Cities Tribes to instruct them This Prelate sends Declarations and Injunctions to corrupt them and to extinguish the Lamp and light of Religion in the former Acts he destroyes the Protestant in this Religion it selfe In the one he leaves Superstition in the other nothing but Atheisme and Profanenesse in the one he destroyes Presbyteros as did Dioclesian in the other Presbyterium as did the Apostate Julian Yet to shew his love to Religion the Popes only he holds correspondency with those of Rome Cardinall Barbarino Panzani Con Rosetti the Popes Nuntioes Sir Toby Mathewes Saint Clara Saint Gyles the most dangerous and desperate Jesuites and many others ejusdem farina And by all these steps and rounds he makes a Ladder for himselfe to clime up to the Papall dignity in example of Anselme whom though famous for his Contumacy and Rebellion yet he calls him His worthy Predecessor as was Becket also and is contented to take upon him the Plenitude of power the title of holinesse of Arch-Angell of this Church the lineall Successor of Gregory the first rather of Gregory the seventh and for all this was well worthy to have those two great offers made him recorded in his owne Memorialls by these that had ability to performe it viz. A Cardinalls Capp but such was his modesty to forbeare it because though Rome be a true visible Church in his opinion yet something dwelt with him that hindered it for a time to wit I suppose his dwelling here For his attempts against the Laws the Subjects birth-right and the rights of Parliaments their chiefe support and refuge how little regard he had to them how much he did dispise and abhor them making it his Ambition to preferre the contemners and abusers of them and to set up his own Canons and Constitutions above them imposing of unjust and unlawful Oathes Exactions Monopolies all sorts of oppressions stopping of Prohibitions course of Justice rescinding of Acts of Parliament advancing of Proclamations and all kinde of Arbitrary power above the Lawes of God or man is fully expressed in the Articles and will more fully appeare in the evidence To conclude Naaman was a great man but he was a Leaper This mans Leaprosy hath so infectted all as there remaines no other cure but the sword of Justice which we doubt not but your Lordship will so apply that the Common-wealth shall yet live againe and florish When Serjeant Wilde had concluded his speech the Archbishop humbly desired the Lords that he might have liberty to speake a few words to wipe of that dirt which had injuriously bin cast upon him that so he might not depart thence so foule a person as he had been rendered to their Lordships by the Articles Which liberty being granted he made a long premeditated Oration which hee held written in his hand A true extract whereof communicated by him in writing to divers of his freinds you have heere subjoyned My Lords MY being in this place in this condition recalls to my memory that which I long since read in Seneca Tormentum est etiamsi absolutus quis fuerit causam dixisse 6 de Benef. c. 28. T is not a griefe only no t is no lesse than a torment for an ingenuous man to plead Capitally or Criminally though it should so fall out that he be absolved The great truth of this I finde at present in my selfe and so much the more because I am a Christian and not that onely but in Holy-orders and not so only but by Gods Grace and goodnes preferred to the greatest place this Church affords and yet brought Causam dicere to plead for my selfe at this great Barre And whatsoever the world think of me and they have bin taught to think much more ill of me then I humbly thank Christ for it I was ever acquainted with yet my Lords this I finde Tormentum est t is no lesse than a torment to me to appeare in this place Nay my Lords give me leave to speake plain truth No senrence that can justly passe upon me and other I will never feare from your Lordships can go so neere me as Causam dicere to plead for my selfe upon this occasion and in this place For as for the Sentence be it what it shall I thanke God for it I am for it at Saint Pauls ward Acts 25. 11. If I have committed any thing worthy of death I refuse not to dye For I thanke God I have so lived as that I am neither afraid to dye not ashamed to live But seeing the Malignity which hath been raised against me by some men I have carried my very life in my hands these divers yeares past But yet my Lords if there be none of these things whereof they accuse me though I may not in this Case and from this Barre appeale unto Caesar yet to your Lordships Iustice and Integrity I both may and do not doubting but that God of his goodnesse will preserve my innocency And as Iob in the midst of his affliction said to his mistaken Friends so shall I to my Accusers God forbid I should justifie you till I die I will not remove my Integrity from me I will hold it fast and not let it go my heart shall not reproach me as long as I live Iob 22. 5. My Lords the Charge against me is brought up in ten Articles but the maine heads are two An endeavour to subvert the Lawes of the Land and the Religion established Six Articles the five first and the last concerne the Lawes and the other 4. Religion For the Lawes first I thinke I may safely say I have beene to my understanding as strict an observer of
beseech you take into your Religious consideration and vouchsafe me such a favourable resolution as the meritts of the cause requireth It is so that Doctor Robert Weston sometimes one of the Lords Justices for the Government of Ireland and Lord Chancellor of the same Realme Grandfather to my deceased Wife and great Vncle to the now Lord Treasurer of England whose memory yet lives by being stiled the good Lord Chancellor of Ireland was buried in the upper end of the Chancell in Saint Patrickes Church whose Daughter Sir Iefferey Fenton maried he having beene principall Secretary of State to Queene Elizabeth and King Iames for many yeares and lived and died in great honour whose onely Daughter I tooke to Wife and hee was buryed in the same grave My Wife drawing towards her end made her last request unto me that her Grandfather her Father and her selfe might be buried together and that I would be at the charge to erect some Monument in memoriall of them all Whereupon in accomplishment of her dying desire who was the Mother of my fifteene Children I propounded unto the Lord Archbishop of Dublin and to the Deane and Chapter of Saint Patricks to purchase a place where I might erect a Tombe over them And they assigned me the ground under an Arch to make a Seller or Vault in to receive dead bodies and three foote of the Chancell adjoyning to the Grave where the Lord Chancellor and Sir Iefferey Fenton had beene buried for which I payd them a Fyne with Rent and other reservations towards the reparation of the Church and by their unanimous consent have a Deed in due forme of Law perfected under their Chapter Seale and so being by generall consent legally interested therein I made a Vault of hewed stone under ground with conveighances therein to free the Church from the waters with which floods and great raynes it was before often anoyed withall and where there was then but an earthen flower at the upper end of the Chancell which was often overflowne I raysed the same three steps higher making the Staires of hewen stone and paving the same through out of the same whereon the Communion Table now stands very dry and gracefully In that Seller I have placed the Corps of my Wives Grandfather her Father and her selfe with a Daughter of mine since deceased that was married to the Lord Digbie and over the Vault I have caused a Tombe of foure storyes to be erected which reacheth two and thirtie foot from the ground which hath cost me a thousand pounds at the least and is the greatest ornament and beautie to that Church that ever was placed therein that being seated under an Arch that in former time was only a passage into the Saint Mary Chappell at the East end of which Chappell the high Altar stood and when that Chappell which hath two other wayes into it the one on the right hand the other on the left fell into ruine that Arch wherein the Tombe is placed to keepe the winde and weather out of the Chancell was made up with slight timber and lathes and plaistred with Clay white lymed over whereon the Commandements were lately written It is three yeares since this my worke was finished and neither during the time of the worke nor since till now of late did I ever heare of any mouth opened against it but many in commendations of it as a great beautie and ornament to that Chancell neither doth it take away or hide any of the lights of the Chancell for they are all above this Fabricke Neither is there any remembrance nor can the oldest man living say that there ever was any Altar placed neere this passage Yet of late it hath pleased my honourable Lord the Lord Deputy to command me to give Your Grace satisfaction herein or else to declare that the Tombe must be defaced which to have done would bee the greatest dishonour and affliction that could bee layed upon me And the more for that before I heard any thing of Your Graces distant thereof I had in the presence of the Lord Prymate given order to the Deane at my ovvne charges for a stately Skrene to be erected within the Quire and upon the pavement raised by my selfe upon which the tenne Commandements are to bee engraven to the great beautifying of Gods House Vpon that notice from the Lord Deputy I made suite to the Lord Prymate and the Lord Archbishop of Dublin to view the place which they vouchsafed together with the Deane and Chapter to doe And doe humbly offer to your Grace their opinions herein which I beseech Your pious consideration of and that you will be pleased to returne me such an answer as may encourage me to proceed herein and in other like building and charitable workes wherein I spend a great part of my estate and time as all that know me and my actions â—an testifie The great God of Heaven blesse Your Grace with a long and happie life in this world and everlasting glory in the world to come vvhich is and ever shall be the prayer of Your Graces most humble and faithfull Servant R. Caâ—he Dublin 20. Febr. 1633. May is please Your Grace VNderstanding from the Earle of Corke that Your Grace hath intimated unto the Right Honourable the Lord Deputie your offence taken against a Tombe lately built by his Lordship in the quire of Saint Patrikes Church neere this Citie of Dublin being informed that it should be situate in the place where the High-Altar anciently stood and that it should darken the East Window of the Quire upon his Lordships earnest request unto mee I have made bold to declare unto your Grace my knowledge thereabouts which is that the place where the Tombe is erected is a spatious Arch which in former times as I conceive served for a passage into the Marie Chappell adjoyning at the East end vvhereof the High Altar stood This Arch was closed up and plastered to keepe the winde as I imagine out of the Quire Saint Marie Chapell being somevvhat decaied upon the plaistering the Declalogue was fairely painted these vvere done before my promotion to this See or comming into this Kingdome The windovves which were of old somevvhat high over the Arch are no way darkened by his Lordships monument but remaine as they were formerly and the monument is so wrought and contrived what in the Arch and the Wall that vvith the grate before it it doth not much diminish the length of the Quire The Earle hath raised that end of the Quire three-steppes higher then it vvas and hath paved it with faire hevven stones being formerly a floore of earth many times upon a fresh drovvned vvith water where novv the Communion Table iâ— placed vvith more decency then in former times And his Lordship is in hand to set up a faire skrine of timber somewhat distant from the monument so that it may take in some other monuments heretofore erected on either side in the which
skrine the Decalogue shal befairely painted and the Communion Table shall bee placed close to the same more decently then it hath beene which being performed the Quire will be much beautified and the celebration of divine service for sight and audience better accommodated then heretofore That Quire to omit the example of Christ-Church the other Cathedrall Church in this Citie and of Saint Paule in London if I bee not mistaken representing in a lesser modell the patterne of Westminster Abbey where there is a skrine enclosing some monuments and a way on each hand to the Chappell adjoying Your Grace may bee pleased also to understand that the Earle obtained Licence to erect his Monument in that place by the unanimous consent of the Deane and Chapter of that Church and that they are Honourable personages whose memory is preserved in that monument the one being Lord Iustice and Lord Chancellour of this Kingdome the other principall Secretary of State both Ancestors to his most pious and Vertuous Lady lately deceased And finally Your Grace is intreated to take Your consideration the meritts of this Noble Earle his zeale for the advancement of true Religion declared by his suppressing forreign jurisdictions and presumptions by building of Churches in severall places and erecting Schoole-houses and Almeshouses at his owne charge besides his publike workes for the common-Wealth raising structures of great strength and expence in places of importance and planting of English Colonyes to the great security and settlement of Peace and civility within those parts all which considered hee may be justly deemed worthy of Honourable memory in the Church Thus much by opening the truth I have written at the Earles request who is exceeding desirous to purge himselfe to Your Grace from giving any scandall to the Church whereupon he hopeth to gaine Your Graces approbation of his blamelesse carriage which I also humbly beseech on his behalfe ever remaining To doe Your Grace Service La Dubline Talloch 17. Feb 1633. To which Letter of the Archbishop of Dublin this Arch-Prelate returned this waspish insolent answer writ with Master Dells but endorsed with his owne hand found in his Study with the former Originalls in the very beginning whereof you may discerne his most palpable dissimulation and falshood S. in Christo My very good Lord IT is most true that I have taken offence at a Tombe erected by the Earle of Corke in the Cathedrall of Saint Patrick but I did not take that Offence lately onely but before ever my Lord Deputy that now is was named to the place And I took that offence by a complaint thence sent unto me for I was never there though I cannot recall who it was that complaind And I am sure the complaint came then unto mee with a full cry that it was built in the place where the High-Altar first stood and the Communion Table afterwards Your Lordship at the Earles entreaty hath signified to me your knowledge for so you say that the Tombe stands in a great Arch at the end of the Quire which was plaistered up to keepe out the Winde and that the High Altar stood at the end of the Lady Maries Chappell which is beyond it and that the East Window is at the top of the Arch and not darkened My Lord it will be hard for mee to speake any thing contrary to Your Lordship who hath beene so often upon that place where I never was yet I shall deale freely and tell Your Lordship what I thinke And first my Lord I am satisfied that the Tombe darkens none of the East-Window But I am no way satisfied that the Altar stood at the upper end of the Lady Maries Chappell That an Altar stood there I easily grant for in those times there were diverse Altars in one Cathedrall and every by Chappell had one at least But that the High-Altar did ever stand in any Cathedrall in other place then the East end of the Quire is quite out of my knowledge nor did I ever heare it till now by Your Lordships Letters That the place before the Arch was an earthen Floore and often troubled with a fresh I doe againe really believe Your Lordship And the Earle hath done very well to raise it and pave it with stone But that the swelling of the Tombe The Iron Grate before it The taking in of some ancient Monuments on either side The erecting of a Skrine before which you say the Communion Table should stand would take off little or no Roome from the Quire that I must confesse I doe not very well understand Your Lordship addes that when the Skrine is built and the Communion Table placed before it it will much beautifie the Quire and be like other Cathedralls To that I can say nothing but must leave it to their eye-sight and judgement that are upon the place And whereas Your Lordship sayes that my Lord had leave of the Deane and Chapter with their unanimous consent to erect a Monument in that place if the place be fit for a Monument the consent was very well askt and given But if it appeare the place were inconvenient then my Lord of Corke did not very well to aske a consent and the Deane and Chapter did very ill to grant it and the more unanimous the consent was the worse And whereas you write that there are other Honourable Personages whose memory is preserved in that Monument to that I say if the Monument stand where it ought God forbid it should be toucht If it stand where it ought not it may be fairely and decently removed and set up in some convenient place upon the side of the Quire or elsewhere where it will as well preserve the memory of those Honourable Personages which you mention as now it doth And God forbid any violence should be offered to that in any kinde And last of all whereas Your Lordship desires I should take into consideration the merits of that Noble Earle I am very willing to doe that And first I am very glad to heare from Your Lordship his zeale for the advancement of true Religion but I may not conceale from Your Lordship that I have likewise heard from others and that some yeares since that hee hath gotten into his hands no small proportion of the Churches meanes And if that be so any man may see his end in advancing true Religion But such a Zeale that poore Church hath little need of and God blesse every part of the Church from it As for his Lordships building of Churches Schooles and Hospitalls I know nothing of that and can say as little to it Only this I can say that if he take from the Church in one place to build Church Schoole or Hospitall in another t is no zeale nor the way which Christian bounty uses to tread And if his Lordship hath done any Publike worke for strength and fortification to the Kingdom I pray God that bee not done with the Churches
should give offence but if any come to ask for them or to buy them in your shops in Gods name sell them freely to them without any scrupple adding the second time sell them to such in Gods name but lay them not upon your stals in publick view Upon which testimony the Archbishop demanded of Mr. Walley who it was that gave him this direction concerning the sale of those Bibles with pictures To which he readily replyed Your Grace with your own mouth as you may well remember Whereunto the Archbishop answered it was true he did so but the pictures were printed bound up with Bibles before he knew of it and that the first time he saw one of these Bibles was in a Ladies hand in the Chappell at Whitehall which he looking upon when he came to Lambeth sent for one of those Bibles himself after which the Stationers comming unto him about the sale of them he gave them such directions as aforesaid not to sell them openly for fear of giving offence but only privately in their shops to such as asked for them As most evident confession of guiltinesse For if such pictures in Bibles were good usefull why should they not be exposed to open sale the view of all men if ill and unlawfull why should any of them be printed or sold to any in private and not totally suppressed demolished burnt being contrary to our Statutes Homilies Writers and the received Doctrine of our Church These directions then of his shewes his good affection to popish and idolatrous pictures he had polluted his own English Bible with an embroydred Crucifix on its cover before these Pictures printed and now he would corrupt pollute all our Bibles and New Testaments with these Romish Images bound up in them to which they are most repugnant He would suffer no English Bibles to be printed or sold with marginall Notes to instruct the people all such must be seized and burnt as we shall prove anone but himself gives speciall approbation for the venting of Bibles with Popish pictures taken out of the very Masse book to seduce the people to popery and idolatry The last case we shall instance in touching the Archbishops persecuting of such who opposed his Popish Innovations is the cases of Dr. Iohn Bastwick a Physitian and Mr. William Prynne a Lawyer Mr. Henry Burton a Divine who were all brought into the Star-chamber by this Archbishops prosecution and there most inhumanely censured for opposing his popish Innovations in Trinity Terme 1637. In which case all the injustice oppression and cruelty that could be imagined were combined both in the proceedings sentence and execution not to be parallel'd in any age as will appear by the ensuing particulars attested by the severall oathes of M. Prynne M. Burton Sir William Belfore M. Tomlins M. Sappe M. Wickins Mistresse Bastwick and others backed with the Orders and Decree of the Court it self First M. Burtons house was broken open by force by a Serjeant at Armes his Study ransaked his person appreheaded and committed close Prisoners long before any in formation against him contrary to Magna Charta and the Petition of Right so continued without Baile during all the time of the prosecution against him Secondly though the information against them three was joynt and license granted them to repaire to Counsell with their Keepers by an Order of the whole Court yet they were denied liberty to conferre one with another even with their Counsell themselves or to make a joynt answer or defence and soon after restrained all accesse to Counsell by a verball Order Thirdly the Counsell assigned to them were so terrified and threatned that they durst not draw or signe any answer for them who thereupon petitioning the Court for liberty in their Counsels default to put in their answers under their own hands according to former presidents orders of that Court they were absolutely denied this right and justice contrary to law and presidents Dr. Bastwicks answer under his own hand left at the Office and another copy of it tendred and left in open Court rejected and he taken pro confesso for a pretended contempt in not putting in his answer under Counsels hand Fourthly Mr. Prynnes Chamber in the Towre by a speciall direction from the Archbishop was searched by Mr. Nicholas Clerk of the Councell and a Pursevant of the Archbishops who supervised Mr. Nicholas and was more active peremptory then he not leaving the very Close-stoole unsearched his instructions for his answer seised and carried away by them himself shut up close prisoner pen inke and paper to draw either his answer or new instructions for his Counsell denied him his Clerk that solicited his businesse seized on by a Messenger and kept close prisoner of purpose to hinder him from following his Masters businesse examined frequently by the Kings Attorney Sollicitour to pick out some crime or accusation against his Master and never admitted to returne unto him though he tendred sufficient baile for his forth-comming and no accusation was then pending against him no not to attend him during his sores after execution of the sentence on him Fiftly M. Prynne was denied all accesse to Counsell liberty to draw up and signe his own answer though a Counsellor at Law in default of Counsell albeit he twice petitioned the Court to have leave to do it producing sundry reasons and presidents in that Court to warrant it yea the very Clerk that writ but a Petition from his mouth by the Lieutenants permission that he might put in his answer under his own hand was for this very cause seized on by a Pursevant and molested divers weeks after Sixthly when Mr. Holt Mr. Prynnes assigned Counsell had by direction of the Court taken his fee drawne his answer and given order for the engrossing of it promising to signe it the next morning he was privately commanded not to signe it thereupon refused the signing of it contrary to promise alleaging that he had order given him to the contrary and that he durst not do it for an hundred pieces After which M. Tomlins another of M. Prynnes Counsell signing his answer it was refused both at the Star-chamber office in open Court where it was tendred upon pretence it came too late and Mr. Prynne taken pro confesso for a supposed contemptuous refusall to answer when as they would neither permit him to put in an answer under his own hand and ordered one of his assigned Counsell not to signe his answer when ingrossed contrary to his promise nor accept it when signed by another of his Counsell and twice tendred Seventhly Mr. Burtons Answer when drawn engrossed and subscribed by M. Holt his assigned Counsell by order of the Court and accepted at the Office without any exception against it was after nine dayes space when perused by the Archbishop pretended to be scandalous and thereupon referred to the two chiefe Justices Sir John Bramston and Sir
did mistake either their words or their meaning And I doe verily believe that if I had sent for an hundred more of the Clergie within my Diocesse I should have received the same Answer from them all because not one of those Ministers who appeared before me although they are almost all of them as yet strangers unto mee and most of them strangers one to another varied in the substance of his Answer from the rest nay most of them agree in their very phrases and words and yet all of them gave their Answers severally So that I may liken these seventy and two Ministers in this matter unto the Septuagâ—nt or seventy two Interpreters who agreed so soone in the Translation of the old Testament Now as I have made a true report of the Answers of these Ministers so I desire to set downe some observations of mine owne which I have collected out of their Answers I finde that throughout Somersesshire there are not only Feasts of Dedication but also in many places Church-ales Clerkes-ales and Bid-ales The Feasts of Dedications are more generall and generally they are called Feast-dayes but in divers places they are call'd Revell-dayes they are not knowne amongst the ignorant people by the name of Feasts of Dedication but all Schollers acknowledge them to be in the memory of their severall Dedications and some Ministers of late have taught them so Divers Churches here are Dedicated to the Holy Trinity and they are kept upon Trinity Sunday but almost all those Feasts which are kept in memory of the Dedication of Churches unto Saints are kept upon some Sundayes either before or after the Saints dayes because as I conceive on the weeke dayes the people have not had leisure to celebrate these Feasts And I finde that almost all the Feasts of Dedication are kept in the Summer time betweene our Lady-day and Michaelmas because that time of the yeare is most convenient for the meeting of Friends from all places in some places they have solemne Sermons Preach't by Divines of good note and also Communions upon their Feast dayes and in one place in this County the Parish holds Land by their Feast And one Minister who hath been a great Travailer hath inserted in his answer that in some reformed Churches namely in Switzerland these Feasts of Dedication are observed I finde also that the people generally would by no meanes have these Feasts taken away for when the Constables of some Parishes came from the Assizes about two years agoe and told their neighbours that the Judges would put down these Feasts they answered that it was very hard if they could not entertain their kindred and friends once in a yeare to praise God for his Blessings and to pray for the Kings Majesty under whose happy Government they enjoyed peace and quietnesse and they sayd they would endure the Judges penalties father than they would breake off their Feast dayes It is found also true by experience that many Suits in Law have bin taken up at these Feasts by mediation of friends which could not have bin so soone ended in Westminster Hall Moreover I finde that the chiefest cause of the dislike of these Feasts amongst the Preciser sort is becaose they are kept upon Sundayes which they never call but Sabbath dayes upon which they would have no manner of Recreation nay neither Rost nor Sod And some of the Ministers who were with me have ingenuously confessed that if the people should not have their honest and lawfull Recreations upon Sundayes after evening Prayer they would go either into tipling houses and there upon their Ale-benches talke of matters of the Church or State or else into Conventicles Concerning Church-ales I finde that in some places the people have bin perswaded to leave them off in other places they have bin put down by the Judges and Justices so that now there are very few of them left but yet I finde that by Church-ales heretofore many poore Parishes have cast their Bells repaired their Towers beautified their Churches and raised stocks for the poore and not by the sins of the people as some Humourists have sayd but by the Benevolence of people at their honest and harmlesse sports and pastimes at which there hath not bin observed so much disorder as is commonly at Fairs and Markets Touching Clerke-ales which are lesser Church-ales for the better maintenance of Parish Clerks they have bin used untill of late in divers places and there was great reason for them for in poore Countrey Parishes where the wages of the Clerke is very small the people thinking it unfit that the Clerke should duly attend at Church and lose by his office were wont to send him in Provision and then feast with him and give him more liberality then their quarterly payments would amount unto in many years And since these have bin put down some Ministers have complained unto me that they are afrayd they shall have no Parish Clerks for want of maintenance for them There is another kinde of publique meeting call'd a Bid-ale when an honest man decayed in his estate is set up again by the liberall Benevolence and Contribution of friends at a Feast but this is layd aside almost in euery place But I feare I have wearied your Grace with this impertinent discourse of Countrey Feasts yet while I am in this discourse of Feasts I may not forget one thing wherein I have bin desired by a grave and learned Divine dwelling neere Taunton to move your Grace and that is that your Grace would be a means that the Judges in their Lent Circuit might not sit and condemne people on that great Feast day of the Annunciation And so having carefully endeavoured to performe His Majesties Commaundement I cast my selfe down at His Majesties feet humbly begging His gracious pardon if I have erred in any point And I desire no longer to live than I may be able to do God and His Majesty service in the Church which although other Bishops can performe with greater abilities than my selfe yet none shall perform the same with more readinesse diligence and fidelity than I will doe And so praying for the continance of your Graces health and happinesse I leave your Grace to Gods blessed Protection and humbly rest Your Graces ever to be Commanded Guil. Bath and Wells Wells 5th Novemb. 1633. The next Assizes after this Certificate the Archbishop sent for Chiefe Justice Richardson and commanded him to revoke the former Order made at the Assizes against Wakes telling him it was His Majesties pleasure he should reverse it But he having no such command from the King Himselfe neglected to do it whereupon the Archbishop made a new complaint to His Majesty against the Judge who thereupon sent for the Judge and commanded him publikely to Reverse that Order the next Assizes as he would answer the controay at his perill notwithstanding he alleaged hee had done it at the request of the Justices of
Peace in the County with the generall consent of the whole Bench and upon view of diverse ancient presidents in that kinde Whereupon Judge Richardson the next Sommer Assizes 1634. in his charge informed the Justices Grand-Jury and Country That hee at their Request together with his Brother Denham had made a very good Order for suppressing unruly Wakes and Revells wherein he thought he had done God the King and Country good service but some ill affected persons had misinformed His Majestie concerning this Order who had given him an expresse command to reverse it which he conceived was hardly in his power to do because it was no Order made by himselfe but by the joynt consent of the whole Bench and a meere confirmation and enlargment of diverse Orders made by the Iudges and Iustices in that Circuit in Queen Elizabeths King James and King Charles their Reignes before ever he came into those parts for which he produced these following Presidents The first was an Order made at a Sessions in Somersetshire in the 38. of Queene Elizabeth Orders made by the Iustices Assembled at Bridgwater Sessions the 10th of September Anno Reg Elizabetica 38. c. THat no Church Ale Clerkes Ale Bid Ale or tipling be suffered And that such only be suffered to tipple as be or shal be lawfully licensed according to the Order made in this Sessions SIGNED Iohn Popham Alexander Popham Iohn Court Henry Waldron Edward Hext George Sydenham Thomas Horner Iohn Colles Iohn May Iohn â—odney The second was this Order of Sessions made at the same place whereto he found the name of one Thomas Philips subscribed but he knew not who he was at which Sir Robert Philips his Sonne who sticled for these Wakes was much incensed as conceiving it a meere jeare against him At the Sessions at Bridgwater the 28th of September 1594. IT is is Ordered and agreed that no Church-Ale be admitted to be kept within any part of this shiere And that by the Justices of the Peace of the Lymits notice thereof bee given to the severall parishes within their Lymits and that such as shall offend in keeping any such be duely punished Iohn Popham Lord â—hiefe Iustice George Sidnam Knight Henry Barkley Knight George Speak Henry Waldron Alexander Colles Iohn Frances Alexander Popham Iohn Lancaster Edward Hext Thomas Phillips The third was an Order of Sessions made in the County of Devon Anno 1599. This Order was agreed on by all the Queenes Majesties Iustices of the Peace at the Chapter House Assembled the 10th day of January 1599. Anno 41. Elizabethae ANd for as much as it appeareth that many enormities that with modestie cannot be expressed heretofore have hapned by Church Ales and Revells in this County of Devon It is therefore Ordered that Church-Ales and Revells shall bee hence forth utterly suppressed And if contrary wise in contempt of this Order preparation be made for any to be kept any Justices of this County forthwith send for such as make preparation to admonish them to make stay thereof and upon their refusall in that behalfe or proceeding therein to bind them that make such preparation to the good behaviour and to appeare at the next Sessions of the Peace to bee holden within this County of Devon then and there to endure such punishment as either by the Lawes of the Realme or Order of this Court shall bee inflicted upon them for their contempt and disobeying this Order The fourth was this following Order made at the Assizes in Devonshire Anno 1615. From the Assizes held at the Castle of Exeter Iuly 24. 1615. Anno 13. Jacobi c. Sir Laurence Tanneld and Serjeant Mountague Justices of Assize c. THe severall Manslaughters committed at two Church-ales within this County since the begining of this present Moneth of Iuly and further advertisements given now unto the Court of the continuall prophanation of Gods Sabbath at these and other such like unlawfull meetings ministers unto this Court just occasion to recite an Order formerly set downe by the Reverend Judges of Assize at the Assizes holden for this County the 19th day of Iuly in the yeare of the Reigne of our Soveraign Lord King James by the Grace of God of England France and Ireland King Defender of the Faith c. the 11th and of Scotland the 46th that Order being as followeth viz. It is Ordered by the Court in regard of the infinite number of inconveniencies daily arising by meanes of Revells Church-Ales and Bull-baitings that all such Revells Church-ales and Bull-baitings be from henceforth utterly suppressed and if hereafter it shall be made known unto the Justices of the Peace of this County of any such to be set up or hereafter used that then the Justices of the Peace within their severall Divisions take course as well for the speedy apprehending and punishment of idle and lewde people drawne together to such places as for the binding over of the Persons using tipling and for the inflicting of further punishment upon all offenders in such places as in their discretion shall be thought fit And to the end that this Order may be the better observed It is Ordered that this bee speedily published in every Parish Church within this County The fift was an Order made in the same County Anno 1627. An Order made by Sir Iohn Walter Knight Chiefe Baron of his Majesties Exchequer and Sir Iohn Denham Knight Justices of Assize for c. at the Castle of Exon the XXIII of July 1627. WHereas diverse Orders have bin heretofore made by the Judges of Assize for the suppression of all Ales and Revels those same Orders are now confirmed at this Assize and again Ordered by the Court in regard of the infinite number of inconveniencies daily arising by means of Revels Church-Ales Clerks-Ales and publike Ales that they be from henceforth utterly suppressed And if hereafter it shall be made knowne to the Justices of Peace of this County of any such to be kept or hereafter used that then the Justices of the Peace within their severall divisions take course as well for the speedy apprehending and punishment of idle vagrant people drawne together to such places as for the binding over of the persons using such tipling and for inflicting of such punishment upon all Offendors in such places as the Law doth inflict And to the end that this Order may be the better observed it is further Ordered that the Clerke of Assize shall leave a Copy hereof with the Clerk of the Peace and the under Sherriffe and from them or one of them every Constable shall take a Copy for his severall hundred and liberty and shall particularly deliver a Copy to the Minister of every Parish within his severall hundred and libertie and shall take a note of every Minister under his hand of the day upon which hee received it from him and that every Minister which so receiveth it shall publish it yearely in his Parish
Church the first Sunday in February And it is likewise further Ordered that every Constable shall at every Lent Assize present to the Judges of this Circuit a note of the receipt of the said Order under the hands of the said Ministers And for the further avoyding of the concourse of idle people it is further Ordered that such persons as usually carry up and downe Bulls and Beares to baite being Rogues by Statute shal be punished as Rogues for the further prevention of such inconveniences as usually happen upon such meetings Per me Symon Spatchurst Clericum Asiisor The 6. an Order made by Baron Denham at the Assizes in Somersetshire Anno 1627. upon a Petition of divers Ministers To the Honourable Sir John Denham Knight one of the Barons of His Majesties Exchequor and Iustice of Assize for the County of SOMERSET The humble Petition of the Ministers whose names are subscribed Sheweth THat whereas at the last Summer Assizes held for the County of Dorset there was an Order made for the suppressing of all Revells Church-Ales and other publike Ales amongst other things as by the Copie of the said Order hereunto annexed appeareth Your Petitioners therefore humbly desire that Your Lordship would be pleased to grant the like Order at this Assizes for the suppressing of the like Ales and disorders in this County of Somerset So they shall alwayes pray for Your Lordships long health and prosperity Adam Abraham Iohn Ford. William â—yllet Iohn Fathers Ralph Turner George Drake 15. Marcii 1627. Let the Clerke of the Assizes draw up the like 〈◊〉 for his County Iohn Denham Which former Order being warranted by so many Presidents Iudge Richardson said hee conceived hee had no power absolutely to reverse but being commanded to do it by His Majestie he did as much as in him lay revoke it but yet doubted not that if the Iustices of Peace would truly informe His Majesty of the grounds of the former Order and of the great disorders occasioned by Wakes and Church-ales His Majesty would give Order to revive it but how ever he must make this Order for the present which he caused he Clerk of Assizes to enter VVHereas divers Orders have been heretofore made by the Judges of Assize for the suppressing of Church-ales Clerks-ales Wakes Revells and such like within this County of Somerset which were formerly made by the Judges by reason of many disorders and misdemeanours arising upon the meeting of multitudes of people out of other Parishes It is now Ordered by his Lordship that all former Orders heretofore made by any Judges or Iustices for the suppressing of Church-ales Clerks-ales Wakes and Revells be revoked as much as in him lyeth and made utterly voyde And that it may be lawfull for all persons freely to use any lawfull Recreation or Exercise at such meetings but with this advice that they be carefull that no outrages or misdemeanours commonly arising at such Church-ales Clerk-ales Wakes and Revells be done or committed Hereupon all the Justices of Peace then present immediately after they had dined drew up this Petition to His Majesty which they Signed with all their hands and then sent it up to London by Iohn Harrington Esquier then Custos Rotulorum in that County with order to deliver it to the Right Honourable Earle of Pembrook Lord Lievtenant of the County to present it to His Majesty Who repairing to London accordingly shewed the Petition to Master Prynne and the Earle being then in the Country whence he would not returne in twelve dayes space he advised with him what course to take for presenting the Petition to His Majesty in the mean time lest the Archbishop hearing of it should prevent the same The Archbishop having notice of this Petition from Sir Robert Philips and Bishop Pierce to prevent the delivery and expected good effect thereof presently caused the Declaration for Sports published by King Iames with some additions of his owne at the end concerning Wakes and Feasts of Dedication relating the Order of Judg Richardson for suppressing them to be reprinted and published in His Majesties Name before the Petition delivered the Copy whereof is here subjoyned To the KINGS most Excellent Majestie The most humble Petition of the Iustices of the Peace of the County of Somerset MOst humbly Shewing That whereas heretofore there have bin from time to â—e severall good Orders made by the Iustices of Assize and Iustices of the Peace for the County of Somerset for the restraining and suppressing of certaine disordered Assemblies in that County called Church-ales Clerkes-ales Bid-ales Wakes and Revells by reason of many disorders inseperably accompanying the same wherby the said Assemblies have for the most part for a long time beene forborne and not used to the great good and quiet of the said County Now so it is may please Your Majesty that by occasion of a Declaration published the last Assizes by the Lord Chiefe Iustice of the Kings-Bench for restoring of Wakes and Revells and Revering of all Orders made against them and by reason of a rumour thereof spread in the Countrey since the last Lent Assizes not onely all the disorders aforesaid of Prophanation of the Lords Day riotous tipling contempt of Authoritie Quarrells Murthers c. frequently over-flowing the said Assemblies have increased this Summer but even the other disorderly Assembliss of Church-Ales Bid-Ales Clerkes-Ales condemned by the Lawes have againe beene set up to the great prejudice of the Peace plenty and good Government of the County May it therefore please Your most Excellent Majestie to grant us some more particular Declaration herein That Your Majesties Command concerning Revells may not be thought to extend farther then to the upholding of Civill Feasting betweene Neighbour and Neighbour in their Houses and the orderly and seasonable use of manly Exercises and Activities which we all shall be most ready to maintaine And that we may have Your Majesties Favour and Allowance to suppresse all the forementioned unlawfull Assemblies of Church-Ales Clerks-Ales and Bid-Ales and to punish all the forementioned disorders as heretofore we have done Wherein Your Petitioners have no other end than to do Your Majestie faithfull service and to preserve the good Government of the County John Lord Pawlet William Portman John Stowell Ralph Hopton John Symmes William Frauncis John Harrington Robert Cuffe Richard Cole Edward Powlet William Every Anthony Stocker William Capell George Powlett Francis Popham Edward Rodeney Francis Dodington John Horner William Bassit John Windham Robert Hopton George Speke Thomas Lutterell William Walrond Gerrad Wood. The delivery and good effect of this Petition was prevented by the publishing of this Declaration by this Archbishops meanes who to justify himselfe herein ex post facto procured this ensuing Warrant without any Date at all written with his own hand and found in his Study by Mr. Prynne together with the Printed Declaration for Sports endorsed with his owne pen to be Signed by His Majesty to justifie
of Stationers upon paine that every Printer offending therein shall be for ever hereafter disabled to use or exercise the Art of Mysterie of Printing and receive such further punishment as by this Court or the high Commission Court respectively as the severall causes shall require shall be thought fitting That all other Bookes whether of Divinity Phisick Philosophie Poetry or what soever shall be allowed by the Lord Arch-Bishop of Canterbury or Bishop of London for the time being or by their appointment or the Chancellours or Vice-Chancellors of either of the Vniversities of this Realme for the time being Alwayes provided that the Chancellour or Vice-Chancellour of either of the Vniversities shall Licence only such Booke or Bookes that are to be printed within the limits of the Vniversities respectively but not in London or else where not medling either with Bookes of the common Law or matters of State 5. Item That every Merchant of bookes and person and persons whatsoever which doth or hereafter shall buy import or bring any booke or bookes into this Realme from any parts beyond the Seas shall before such time as the same booke or bookes or any of them be delivered forth or out of his or their hand or hands or exposed to sale give and present a true Catalogue in writing of all and every such booke and bookes unto the Lord Arch-bishop of Canterbury or Lord Bishop of London for the time being upon paine to have and suffer such punishment for offending herein as by this Court or by the said high Commission Court respectively as the severall causes shall require shall be thought fitting 6. Item That no Merchant or other person or persons whatsoever which shall import or bring any booke or bookes into the Kingdome from any parts beyond the Seas shall presume to open any Dry. Fat 's Bales Packes Maunds or other Fatdalls of Bookes or wherein Bookes are nor shall any Searcher Wayter or other Officer belonging to the Custome House upon paine of loosing his or their place or places suffer the same to passe or to be delivered out of their hands or custody before such time as the Lord Arch-Bishop of Canterb. or Bishop of London or one of them for the time being have appointed one of their Chaplaines or some other Learned man with the Master and Wardens of the Company of Stationers or one of them and such others as they shall call to their assistance to bee present at the opening thereof and to view the same And if there shall happen to be found any seditious schismaticall or offensive Booke or Books they shall forthwith be brought unto the said Lord Archbishop of Canterbury Lord Bishop of London for the time being or one of them or to the High Commission Office to the end that as well the Offender or Offenders may be punished by the Court of Starre-Chamber or the High Commission Court respectively as the severall causes shall require according to his or their demerit as also that such further course may bee taken concerning the same Booke or Bookes as shall be thought fitting It is further Ordered and Decreed that no Merchant Bookseller or other person or persons whatsoever shall imprint or cause to be imprinted in the parts beyond the Seas or elsewhere nor shall import or bring nor willingly assist or consent to the importation or bringing from beyond the Seas into this Realme any English Bookes or part of bookes or bookes whatsoever which are or shall be or the greater or more part whereof is or shall be English or of the English tongue whether the same Booke or Bookes have beene here formerly printed or not upon paine of the forfeiture of all such English Bookes so imprinted or imported and such further censure and punishment as by this Court or the said High Commission Court respectively as the severall causes shall require shall be thought meet 18. Item That no person or Persons doe hereafter reprint or cause to reprinted any booke or bookes whatsoever THOUGH FORMERLY PRINTED WITH LICENCE without being revived and a new Licence obtained for the reprinting thereof Alwayes provided that the Stationer or Printer be put to no other charge hereby but the bringing and leaving of two printed Copies of the Booke to be printed as is before expressed of written Copies with all such additions as the Author hath made XXIV Item The Court doth hereby declare their firme resolution that if any person or persons that is not allowed Printer shall hereater presume to set up any Presse for printing or shall worke at any such Presse or set or Compose any Letters to be wrought by any such Presse he or they so offending shall from time to time by the Order of this Court be set in the Pillory and Whipt through the Citie of London and suffer such other punishment as this Court shall Order or thinke fit to inflict upon them upon Complaint or proofe of such offence or offences or shall be otherwise punished as the Court of High Commission shall think fit and is agreeable to their Commission XXV Item That for the better discoverie of printing in Corners without Licence The Master and Wardens of the Company of Stationers for the time being or any two Licensed Master Printers which shall be appointed by the Lord Arch-Bishop of Canterbury or Lord Bishop of London for the time being shall have power and Authority to take unto themselves such assistance as they shall thinke needfull and to search what Houses and Shoppes and at what time shall thinke fit especially Printing Houses and to view what is in Printing and to call for the Licence to see whether it be Licensed or no and if not to seize upon so much as is printed together with the severall Offenders and to bring them before the Lord Arch-Bishop of Canterbury or the Lord Bishop of London for the time being that they or either of them may take such further Order therein as shall appertaine to Justice The Archbishop and his Confederates having accroached by coulour of this Decree the sole power of the Presse into their hands which they usurped without any such pretext of Authority long before the passing thereof began after the Popish guife in imitation of the Pope and Popish Inquisitors First to prohibit the re-printing and sale of sundry Orthodox Bookes formerly printed and sold by Authority of which we shall give you sundry notable instances One of the first Books we find prohibited by the Popish Prelates in England in King Henry the 8. his Reigne was the Bible and New Testament in English of Tyndallâ— translation and all other English Bibles and Testaments having any Annotations or Preambles which were ordered to bee out and blotted out of the said Bibles and Testaments in such sort as they could not bee perceived or read under paine of forfeiting 40s for every such Bible with Annotations or preambles as you may read in the Statute of 34. and 35. H. 8.
printed in Latine and then reprinted in English was called in and suppressed by this Archbishops order because it over-boldly refuted some points of Popery and Arminianisme as was Attested by the Oathes of Master Pryune and Michaell Sparke Senior Master Walley Clerke of Stationers Hall and Master Downes deposed that after the Decree for printing was made there were divers old Bookes against Popery formerly Licenced as the Booke of Martyres Bishop Jewells Workes some parts of Doctor Willets Workes and others which the Archbishops and Bishop of Londons Chaplaines refused to new License where upon they repaired to Sir Iohn Bramston then Lord chiefe Justice and desired leave from him that good Bookes formerly licenced and printed might be reprinted without new Licence else they should be undone for want of Bookes seeing they could not procure these Chaplaines to License any good Bookes whether old or new Who answered them that he could do nothing in it but they must go and attend the Archbishop who had the chiefe hand in making this Decree Mr. John Vicars Schoole-Master of Christ-Church soone after this Decree repaired to Doctor Baker the Archbishops great Creature House-hold Chaplaine to the Bishop of London for a New license of his History of the Gunpouder Treason formerly printed by License which he had since enlarged with some pertinent Additions But Doctor Baker absolutely refused to Licence it Master Vicars admiring at it demanded of him the reason why he would not license a Booke of such a subject as this against the Gun-pouder Treason an act so odious and detestable who answered him that we were not so angry with the Papists now as we were about 20. yeares since and that there was no need of any such Bookes as these to exasperate them there being now an endeavour to winne them to us by fairenesse and mildnesse By these with sundry other instances of this kinde which we pretermit we conceive it is most apparent that one principall end of the Archbishops usurping the power of Licensing Bookes and publishing this Decree concerning the restraint of reprinting any Old Licensed books against Popery and the grossest errors in it was that Popery might againe creep in among us by degrees without the least opposition or impeachment Secondly As he and his instruments prohibited the reprinting of old Orthodox Bookes so they refused to Licence sundry new ones especially against Popery and Arminianisme suppressing them when printed by Licence of others This was evidenced by the forecited Remonstrance of the Commons in Parliament Anno 1628 by the forementioned Bookes against the Arminians suppressed and called in by this Archbishops means and by these ensuing Depositions Master Prynne deposed that in the Yeare 1627. Doctor Cosen 's published a Booke intituled A Collection of private Devotions Or the houres of Prayer fraught with Popery and Popish Superstitions which gave great offence whereupon at the importunity of diverse well'-affected persons he Writ a Refutation thereof intituled A Briefe Survey and Censure of Master Cosens his Cosening Devotions which by this Bishops meanes and his Confederates was refused License at London House but afterwards licenced at Lambeth House by Doctor Featly and printed sitting the Parliament in the Yeare 1628. for writing which Booke only against Doctor Cosens his Popery hee was immediately after the Parliament ended questioned in the High-Commission by this Bishops procurement and thence delivered by a Prohibition to the Bishops great griefe Master Henry Burton deposed That he writ a Book against Cosens his Devotions which was called in by the Bishops meanes after which he compiled and published another Booke intituled The Bayting of the Popes Bull licensed by Doctor Goade for which hee was called before the Councell Table by this Archbishops instigation who was then present spake much against the Booke and called it a Libell although penned and written only against the Pope and his seditious dangerous Bull. That he printed by lycence a Book called A Plea to an Appeale in refutation of diverse Popish and Arminian Errors broached by Mountague in his Appello Casarem which Book though licensed was yet called in and suppressed by this Bishops procurement After which he writ another Booke against Popery Intituled The pouring out of the 7. Vialls for which hee was called into the High Commission Court by the Bishop and the Booke suppressed That hee likewise writ another Booke called Babell no Bethell wherin he proved the Church of Rome no true visible Church for which book this Prelate being then Bishop of London sent for him by a Pursevant committed him immediately to prison in the Fleet contrary to the Petition of Right then newly passed refusing to accept any bayle which he tendred suspended him from his living prosecuted him in the High Commission and suppressed the Book Michaell Sparke Senior deposed That himselfe together with William Iones Nathantell Butter Mr. Bowler and others were committed to prison and vexed severall times in the High Commission by this Archbishops means only for printing Bookes against the Papists and Arminians that the Bishop and his Chaplaines refused to License diverse Bookes against Popery tendred to them and purged sundry others of the chiefe Passages against Popery as we shal prove anon in so much that the Stationers and Printers generally complained that they could get no good Orthodox Bookes but only Popish and Superstitious ones licensed so as they were like to bee undone for want of trading and that this was the generall complaint of the whole Company which other Stationers likewise affirmed Particularly the Bishop though he pretended much friendship to Sir Humfrey Linde that learned Knight the Author of Via Tuta and Via Deuia which were answered by a Jesuite in a scurrilous rayling manner yet he absolutely refused to license his elaborate Reply thereunto Intituled A Case for the Spectacles upon no other pretence but that Sir Humfrey was a Lay-man but in verity because hee was unwilling to have him vindicate himselfe and the truth against a rayling Jesuite of which Injustice Sir Humfrey oft complained to Mr. Pryn Dr. Featly and others of his friends Yet his Chaplaine could license Chunaeus his Collectiones Theologicae Dedicated to the Archbishop himselfe though compiled by a Layman of much instriot parts and learning to Sir Humfrey in justification of Popery A minianisme and the Church of Rome Thirdly He with his Chaplaines Agents by his instigation or command compiled Authorized imprinted published diverse Bookes Treatises Sermons in defence of Popish Errors Superstitious Ceremonies practises almost to the totall corruption and subversion of our Religion Of which we shall give you a briefe Catalogue and then proceed to the Popish Passages errors broached justified authorized in and propagated by them The BOOKES are these The Archbishops own SPEECH in Star-Chamber Printed at Lond. An 1637. The Book of Common Prayer for the use of the Church of Scotland printed at Edinburgh 1637. Richard Mountague his New Gagge for an old Goose London
shall hisse them out of countenance neither can they shelter themselves under the examples of other Churches in France and Netherlands c. Since necessity hath long agoe cast them into that condition which these men after establishment in the right forme have wilfully drawn upon themselves with an impetuous exclusion of a setled government And certainly my Lord me thinkes there should be a kinde of necessity in this course since not some few but the whole Church of Scotland hath thus broken out into Schisme and shamed both it selfe and the Gospell and without some timely prevention the mischiefe may yet grow further whereas this way it may be at the least choakingly convinced and seasonably checked Neither neede the charge hereof be great to his Majesties coffers since the burthen of the Commissioners may be layd upon the severall Diocesse from whence they are sent Your Grace sees whither my zeal hath carried me If I have been to bold and forward in thus presuming I humbly crave the pardon of your Grace which hath been extended to greater errours I hope a good heart will excuse all the best wishes whereof are truely vowed and duly paid to your Grace By your Graces in all faithfull Observance to Command JOS. EXON Exon. Pal. Sept. 28. Which Letter was thus directed To the most Reverend and most Honourable my singular good Lord My Lord Arch-Bishop of Canterbury his Grace Primate of all England and Metropolitan Chancellor of Oxford and one of the Lords of his Majesties most honourable Privy Councell present these And thus endorsed by the Arch-Bishops own hand Dat. Sept. 28. Received Octob. 1629. B. of Exon. Dr. Hall To move for a Generall Councell of all his Majesties Dominions to settle the Scottish Schisme What was done upon this Letter and how the Arch-Bishop tooke occasion from it to engage Bishop Hall to write in defence of Episcopall Superiority by Divine Right and Institution will appear by the Bishops next Letter to this Arch-Prelate the Originall whereof we have under Bishop Halls own hand and Seale May it please your Grace I Was not only glad but almost proud of your Graces acceptance of my poor but bold motion which that it found favour in his Majesties eyes upon your Graces recommendation was as much above my hope as above the possibility of my thankfulnesse I do most humbly rest in the grounds of his Majesties most wise and just resolution although that which I propounded was not in any ayme at the Reclamation of those stiffe Spirits but at their conviction and shaming together with the satisfaction and setling of any distempered or wavering minds of any contentious person at home or abroad But since it hath pleased his Majestie to lay aside that thought I am most submissively silent As for that motion which comming from your Graces hand is no lesse in my construction then a command of my undertaking this great taske of writing a satisfactory discourse in this subject I beseech your Grace to give me leave to say it doth too much overvalue me If your Grace did but know my great weakenesse so well as I know my little strength your Grace would not have singled me out for so high and noble an undertaking I confesse in an holy zeale to the cause no man shall outstrip me in abilities too many yet since it hath pleased your Grace to honour me so farre as to thinke mee capable and worthy of such an imployment I shall most gladly without prejudice to any more able paines endeavour my best this way But would your Grace bee pleased to give mee leave to suggest another Motion I thinke I should intimate that which would not a little advance the successe of this great service Single labours will be easily passed over with neglect what will the Vulgar bee more apt to say then This is but one Doctors judgement Vis unita fortior Might it therefore please your Grace to single out and Empannell a whole Jury of learned Bishops and Divines to joyne together in this subject it could not choose but sway much with the world And since I have taken the boldnesse to move so farre will your Grace give mee leave out of the zealous intention of my thoughts upon the speede of this notable service to propound some further specialty If therefore in Ireland the Lord Primate the Bishop of Kilmore the Bishop of Downe and Conner men as your Grace best knowes of singular note in the Church Heere at home my Lord Bishop of Durham and Bishop of Salisbury and if your Grace shall thinke mee worthy to come in the arreare of these great and famous Prelates I shall not faile of my best With them the Professors and some other eminent Doctors in the name of both Universities and three or foure of the Bishops and Doctors of Scotland shall be enjoyned by your Grace to expresse their judgements fully concerning these two Heads of Episcopacy and Lay Prebytery and to Print them together It will bee a worke that will carry in it such authority and satisfaction as will give great contentment to the world and carry in it a strong rebuke of the Aversaries And if your Graces reason and resolution should so lead you as to bee seene in the head of this Learned Squadron the worke would beare not much lesse sway then if it were a Synodicall Act Neither would I wish that each of these should write a Volume of this matter but succinctly though fully and clearly declare themselves in these particulars with such evidence of Scripture Antiquity and Reasons as may most convince But whether these be done in Thesi or Hypothesi whether in way of Paroenesis or Apology or reproofe I humbly submit to your Graces judgement and direction I beseech your Grace pardon this well-meant presumption and make account of the dayly Devotions of Your Graces in all faithfull observance to Command Jos. Exon. Exon. Pal. Oct. 12. 1639. After I had sent away my Letters of complaint concerning Coxe the man came to me and upon our second and third conference began to relent and finding that I had sent up his Sermon to your Grace resolved to wait voluntarily upon your Grace so as I hope your Grace shall at once heare of his offence and submission If so a free and publike recantation would doe more good here then his exorbitance hath done hurt he hath been usque ad invidiam conformable and is a sufficient Scholler and of unblameable conversation otherwise I humbly leave him to your Graces either justice or mercy or both J. E. This Letter was thus Superscribed To the most Reverend Father in God my ever most honoured Lord my Lord Archbishop of Canterbury his Grace Primate of all England and Metropolitane Chancellor of Oxford and one of the Lords of his Majesties most Honourable Privie Counsell present these And thus Endorsed with the Archbishops owne hand Rec. Oct. 16. 1639. The Bishop of Exeter That more then one
with the Arch-bishops own hand Received Jan. 30. 1640. L. Exon Concerning his book and the submission of it to my judgement The Propositions inclosed in this Letter were these following to which the Arch-bishop added this Title and some insertions with his own hand here noted with a distinct Character Concerning Church Government and the estate of Episcopacy 1. God had never any Church upon earth that was ruled by a Parity 2. The first Church of God which was reduced to a publike policy was among the Jewes and by his owne appointment was governed by a settled imparity of High-Priest Priests Levites 3. The Evangelicall Church was founded by our Saviour in a knowne imparity for though the Apostles were equall among themselves yet they were above the 70. and all other Disciples and were specially indued with power from on high 4. The same God and Saviour after his Assention did set severall ranks and orders of the holy Ministry First Apostles Secondly Prophets Thirdly Teachers c. all which acknowledged the eminence and authority of the Apostles 5. The Apostles after the Assention of our Saviour by the direction of Gods spirit did exercise that power and superiority of spirituall Jurisdiction over the rest of the Church which was given them by Christ and stood upon their Majority above all other Ministers of the Gospell 6. The same Apostles did not carry that power up to heaven with them and leave the Church unfurnished with the due helpes of her further propagation and Government but by vertue of this power and by the same direction of Gods spirit ordayned in severall parts spirituall guides and Governours of Gods people to ayde and succeede them 7. The spirituall persons so by them ordained were at the first promiscuously called Bishops and Presbyters and managed the Church affaires by common advice but still under the Government of the Apostles their Ordayners and overseers 8. But when the Apostles found that Quarrels and Emulations grew in the Church even while many of them were living through the Parity of Presbyters and side takings of the people The same Apostles by the appointment and direction of the same spirit raised in each City where the Church was more frequent one amongst the Presbyters to a more eminent Authority then the rest to succeed them in their ordinary power of ordination and censure and encharged them peculiarly with the care of Church-Government such were Timothy and Titus and those which were stiled the Angells of the seven Asian Churches 9. These selected persons were then and ever since distinguished from the rest by the name Episcopi-Bishops 10. In the very times of the Apostles and by the imposition of their hands there were divers such persons setled in the Church of God being severally ordayned and appointed to the over-sight of those populous Citties where their charge lay to whom all the Presbyters and Deacons were subject 11. These Bishops continued their fixed superiority over their Clergy all the time of their life with the well allowed expresse of spirituall Jurisdiction and after their death other Presbyters were chosen to succeed them by the due imposition of the hands of their fellow Bishops 12. There was no Church of Christ upon earth ever since the times of the Apostles governed any otherwise then by Bishops thus successively after decease ordayned 13. This course of Government thus set by the Apostles in their life time by the speciall direction of the holy spirit is not alterable by any humane Authority but ought to be perpetuated in the Church to the end of the world 14. Those which in the new Testament are called the Elders of the Church were no other then spirituall persons such as had the charge of feeding the Flocke of Christ by Word and Doctrine 15. It is not lawfull for any Lay-person to lay hands on those which are to be ordayned nor to have any hand in managing the Censures of the Church which onely pertaine to them who have the power of the Keyes delivered to them by Christ 16. There was never any Lay Presbyter heard or read of in the Church of Christ in any History untill this present age All which wee declare to the Doctrine and Judgement of the Church of England concerning these points of Church Government These Propositions were thus endorsed with the Arch-Bishops owne hand Rec. Decemb. 29. 1639. Bishop Hall of Exeter his propositions concerning Episcopacy These perhaps may be thought fit for a subscription of others There were two more Letters which passed between these Prelates about this subject and Book which we have referred to a more proper place where you may peruse them All which compared together will fully discover the whole plot and designe of the Archbishop and his confederates in maintaining their Lordly Episcopall Superiority to be of divine Institution and Right and how it was driven on by them till it brake them all in pieces by the authority and Justice of the present Parliament The last head I shall mention is the summe and substance of all the fore-mentioned namely 21. That the Church of Rome is a true visible Church and never erred in fundamentalls no not in the worst times That she is the Ancient holy Mother Church That her Religion and ours of the Church of England is all one That men may be saved in that Church and Religion as well as in ours and that it is a crime to be recanted to hold Papists as Papists to be damned This main comprehensive Proposition ratifies and clearly demonstrates to us the true drift scope of all the former to wit a 〈◊〉 and reconciliation with the Church of Rome the foundation whereof was first laid by this Arch-bishops creature Bishop Mountague who determines thus in his Gagge pag. 14. The Articles of our Creed are confessed on both sides and held plain enough The controverted points are of a larger and an inferior alloy of them a man may be ignorant without any danger of his soul at all pag. 50. Moderate men on both sides confesse this controversie may cease Ecclesia Romana manet Christi Ecclesia sponsa c. In his Appeal pag. 136. Since there first was a Church in England France Spain and Rome there hath not ceased to be a true Church there pag. 139. The Church of Rome is and ever was a true Church since it was a Church pag. 113. I am absolutely perswaded that the Church of Rome is a true though not a sound Church of Christ as well since as before the Councell of Trent In essentialls and fundamentalls they agree in holding one faith in one Lord. This Position was strenuously maintained by Master Chomley and Butterfield who soon after turned Seminary Priest in their Books against Master Burtons Babel no Bethel wherein they justified the Church of Rome to be a true Church this being the subject matter of both their Treatises Tho. Chuneus in his Collectiones Theologicae
should wonder both at the mans selfe and at the mans men not at the Jesuits onely and the Seminary Priests you shall not know them to make them the wonderment But the Recusant Papist yea every profest Papist let us wonder at them too They wax in number and in spirit and their mouthes speak presumptious things Think you they censure that treason from their heart surely I will think that he that sayes as the Pope sayes will also doe as the Pope does Say he comes to Church and hold the Kings supremacy tamen Romanus est as Segismond the Emperour said of a Cardinall yet he is a Papist nullus est fidus eorum affectus quorum est diversa fides therefore trust not that man that holds any Popery if he kisse like a Serpent he sure will sting too his peace is with thee but rebus sit stantibus he is that womans Son he thirsts for blood even thy blood that embraceth him he sayes with Esau in his heart the dayes of mourning for Isaac will come one day then I will kill my Brother Iaâ—cob but let us wonder Ibid. page 286. l. 10. these words are expunged Instance but in the Pope he is but one Serpent but a great one Draco magnus in the Apocalipse He curseth Kings and States by his Bâ—le that is his Hisse murders and massacres by his Jesuits they are his sting page 416. l. 25. I will not say the Jew but surely the Gentile before the Jesuit page 420. l. 14. Rome is no Court of Arches to license the Jesuit to teach where he will page 427. l. 6. No Papist no right Papist is a right Israelite for there is guile in him page 435. l. 5. The Epieâ—re Jesuits and Stoick Priests call these Calvinists bablers others of them say they set forth strange gods for they preach to the people Iesus sola sides a Male God and a Female may we not know what this doctrine this new doctrine whereof these Calvinists speak is we will know what these things doe meane Unhappy Recusants Page 348. l. 6. To so many hearers so intelligent little need application yet the times crave it Is not this Land a limbe of this Ierusalem of Jerusalem it is but not of this not of David's Ierusalem you heare Jerusalem taxt roughly by the Prophet both for murther and adultery for shedding Saints blood and serving strange gods England is no persecutor but it is an halter between two Religions Dagon affronts Gods Arke here 's both Eucharist and Masse Babylon is in Ierusalem It 's not unworthy the observing that Jerusalem in the Originall tongue is of the Duall number there are two Ierusalems David bidâ— pray for Ierusalems peace but whether Ierusalem that surely which he here describes where is Unity v. 2. Religion v. 4. and Justice v. 5. Ierusalem is a City that is at Unity within it self thither goe up the Tribes to prayse the Lord and there are our seats of judgement Is our Jerusalem such schisme in the Church and faction in the State shew there is no Unity Popery and Atheisme spread over the whole Land prove there is small Religion and impunity lesse Justice and may we pray for peace on this Ierusalem we may but yet it must be by some other Text pray we may for any Moses did for Israel though fallen greivously Samuel for Saul though a grand sinner we may well curse though happily in vaine for God sayes non est pax there 's no peace to the wicked sinne at length captiv'd Israel sackt the City raced the Temple nunc seges est grasse growes at Ierusalem Yet despaire not daughter Zion return our Sullamite there 's no peace to the wicked cease we to doe evill sorry we for sinnes heartily weep we pray we God for peace we shall have peace the prodigious pride of women their wanton vanities censured often by preachers but in vaine they will come with them to Church in spite of us I think in spite of Angels too who are ever present in our Church and the drunkennesse of men their whoredomes and blasphemies draw downe divine revenge on our Jerusalem France will be Gods â—od and Spaine will be his hammer to scourge and beat Ierusalem to powder mature repentance will preuent all and peace will be on Israel And page 445. 446. Jesuits must speak for Mammon he is their god There are seekers of soules a phrase frequent in Scripture seekers of blood Iesuits are such seek fooles they should Iesus selfe did it he sought to save them Iesuits doe but to destroy them They Querere animas but not in Christs sense in Satane sense to devour them they seek carefully for they will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do as the devil does walk about the world to doe that worke There are seekers of lyes v. 42. The Church of Rome swarmes with such seekers That 's from below too another of Satans seekers whom Christ cals father of lyes These passages are all deleted by the Lincenser as heterodox In Master Ward 's Comentary upon Matthew these clauses were purged out by the Licenser fol. 120. Thirdly Fishes i. e. men not onely rich men but all men and therefore the Monks are but bad fishers who fish onely for great and rich men labouring onely to draw them into their nets Fol. 148. First my servants shall drink and ye shall be thirsty and therefore it is a great insolency in the Papists thus diametrally to contradict the direct promises of God Secondly Aliquando bonus dormit Homâ—rus wise men may play the foole sometimes and subtle Sophisters dispute absurdly as our witty country-man Stapleton doth in this present Argument disputing thus c. Secondly if our country-man Stapleton had not been a professor of Divinity and a teacher of others he might have gone to the Logick professor to learne to frame a better Argument this thus framed by him being so absurd Those that desire temporall things are wicked therefore those who want temporall things are not happy he had need look well to this Syllogisme or Argument least with its foure feet it runne away from him Fol. 154. Secondly there is an anlawfull Hospitality which is shewed to Traytors Jesuits popish Priests Fourthly they are faulty here who give unto the rich as the Papists who plentifully feast the fat Monks and send large presents to the Jesuits and Capâ—chins Secondly there are sowers of discord in Kingdomes viz. those who instigate others unto warres as the Cardinals and Jesuits upon every occasion doe whisper in the eares of Princes to make warre upon their Neighbours when they perceive any advantage to be had thereby Fol. 212. Secondly adde nothing to the Word of God Neither first the chaffe of superstition with the Papists Nor secondly Machavillinisme and unwarrantable policy with some Statists Neither thirdly New opinions c. Fol. 213. Secondly that is no true sense of Scripture which doth make any sentence in Scripture false as the Papists
love among Neighbours and friends as the Bishop of Bath and Wells with divers of the gravest Clergy in the county of Somerset certified his Majesty who desired their continuance If some abuses crept into them as they did in some places and it seemes in Somersetshire yet this was no good reason to take away the feasts and meetings themselves as Iudge Richardson did by his order for which there were great complaints made by men of quality but only to regulate them and take away their abuses which this Declaration doth without countenancing any disorders To this was replyed 1. That it is cleare by the evidence given and his Letter written to the Bishop of Bath and Wells that this Declaration was enlarged by himselfe and republished by his instigation and procurement That himselfe put his Majesty upon the reprinting of it the warrant being written with his owne hand and being without any date at all makes it probable it was procured since the Declaration printed The later end of the Declaration it selfe concerning Wakes and Revells compared with the juncture of time when it was published manifests that it was thrust out to crosse Iudge Richardsons order and forestall the Petition of the Somersetshire Iustices for its continuance immediatly after its reversall it having no relation at all to Brabournes Booke Besides the publishing of it just when Mr. Prynne was questioned for his Histriomastix wherein he censures mixt dancing Sports Pastimes on the Lords day and reciting it in the very information against him manifests that it was likewise reprinted to make way for his first censure in Starchamber Moreover some of the recreations mentioned in it are not very lawfull upon any day though the Archbishop affirmes the contrary but certainly unlawfull on any part of the Lords day even after evening Prayer as Pathers Councells Imperiall Lawes and both Protestant and Popish writers have resolved The pretended Practise of Geneva which he alleageth is but a Hearesay without proofe borrowed from Peter Heylins prophane History of the he should have said NO Sabbath part 2. c. 6. sect 6. 8. 9. who yet informes us sect 9. that Daâ—noing hath bin condemned by French Synods and writers as well Protestantas Popish which yet the Declaration for sports in terminis allowes of on the Lords day contrary to the practise and judgement of Geneva As for Mr. Calvin himselfe though he differs in some particulars touching the Morality of the 4th Commandement from other of our Divines yet he in expresse words condemnes Dancing and Pastimes on the Lords day not deemingita Iewish Superstition or rigidity to prohibit such sports thereon especially Dancing as his 71. Sermon upon Iob proclaimes to all the world and other Geneva Ministers since him have done the like That this Declaration did de Pacto put downe afternoone Sermons on the Lords day in most and forenoone too in many places by suspending sundry preaching Ministers who durst not publish it out of conscience is apparent to al. Wherefore to affirme this one part of the Archbishops design in reprinting thereof is a certaine and more then probable truth and the words of it that they should use those Pastimes after Evening Prayer not evening Sermon import as much some Bishops grounding their suppressing of Afternoone Sermons on this expression which Sermons Peter Heylin in his History of the Sabbath part 2. c. 6. sect 9. and c. 7. and 8. makes to be meere innovations as doth Doctor Pocklington in his Sunday no Sabbath both published by this Archbishops command and approbation For his owne strict observation of the Lords day it is an averment without truth Certainly he that made conscience of its strict observation himselfe would never give way to such a Declaration encouraging others to prophane it who were apt to do it without such an incitement nor suspend such Godly Ministers who durst not publish it out of conscience for feare of encouraging others to prophane it Yea his pretended strictnesse of late times was such that himselfe and his servants made it an ordinary practise in the Somer to go to Bowles and use other pastimes on it and he sate constantly thereon at the Councell Table about worldly businesse 2ly That there was no warrant at all in the Declaration that Ministers should publish it or to punish any who refused it hath bin formerly proved at large and where there is no penalty prescribed in a Law much more in a Declaration no punishment can be inflicted That he gave expresse order for silensing Mr. Wilson Mr. Culmer and Mr. Player is proved by severall Oathes and that they were suspended divers yeares not only ab officio but beneficio having nothing left to support their Wives and Families That they were obstinate or sactious is a groundlesse scandall not proved they were only conscientious and would not disobey God to humour men That he silenced only these three in his Diocesse was but casuall because others submitted to read the Booke but his command was generall to suspend all who refused to read it and those three in speciall That he put not any Article of Inquiry touching the reading of this Declaration into the Articles for his Metropoliticall Visitation was his Jesuitical Art and cunning to conceale his wickednesse and prophanenesse from publique view but that he gave private Instructions to his Vicar Generall in this his Visitation to convent and question such who had not read it who thereupon did accordingly question divers good Ministers for this very cause you have heard it proved at large by the very Abstracts of his Metropoliticall Visitations under his owne and his Visitors hands That other Bishops inserted such an Article into their printed Visitation Inquisitions we have fully proved as also that they gave an Accompt to him of the Ministers they had suspended for not Reading the Declaration according to his Injunctions Therefore their Articles of this nature proceeded meerely from him and must be charged on him as well as on themselves That it was the Act of the Court not his to bring any into the High Commission for not reading this Book is a most false averment for Mr. VVilson now a Reverend Divine of the Assembly was brought into the High Commission by his owne expresse command and no others as himselfe deposeth who personally suspended him before at Lambheth for that cause both from his Office and Benefice and Mr. Page was by his speciall order brought into the High Commission as appeares by his owne Subscription to Francis Thompsons Petition That Mr. Snelling was there questioned and severely censured by the Archbishops meanes who gave Order not to accept either his Answer or defence and threatned to burne it is cleare by the proofes forementioned That his censure was only for not publishing the Declaration is evident by the sentence it selfe if well observed his not bowing at the name of Jesus being put in only for a Cipher but not insisted on at
seduce him to popery and reconcile our Churches and Kingdomes to Rome by this meanes contained in their mutuall Articles of Impeachment the Copies of which Letters and Articles were found in his owne Study by Master Prynne must needs concerne him since he could not be ignorant that the Pope and his Instruments would use their utmost diligence to seduce the Prince to their Religion when they had him thus sent and betrayed into their power for that very purpose and his Letter to Bishop Hall though written but of late long after that intended Match yet fully relates his privity to the most secret Instructions before it to gratifie and please the very Pope himselfe and prevent his Objections against the Match or King James For the French Match the Evidence proves he was both privy consenting and assisting to it even after he knew the danger of it in point of Religion both to the King and Kingdome by the proceedings and Articles in the Spanish Treaty being both the very same in substance whereas his intimacy power with the King Duke and quality of his place as he was a Bishop yea Confessor to one or both of them should have engaged him had he been a reall Protestant to have used his utmost endeavours to disswade the King and Duke from both these Popish Matches as most perilous destructive to our Religion the sad effects whereof we now visibly behold in our civill wars and read In Characters written with our owne blood For his intimacy with the Queen it favours of farre more then civility or duty and her extaordinary favours to him proceeded from no other cause but his compliance with her Majesty to introduce popery and reduce us back to Rome as appeares by his proceedings against Master Gellibrand in the High Commission for his Almanack wherin the popish Saints were expunged and our Martyrs inserted at her Majesties request by his prohibiting Ministers to pray and censuring them for praying for her conversion to our Religion which we have punctually proved and of Master Howe for praying to God to preserve the young Prince from being brought up in Popery of which there was great feare a harmlesse yea necessary prayer both in respect of the Queen Mother then too neer him and the Queen who by the Articles of the Match was to have a great hand in his Education till he was fourteen yeers of age as also in regard of the Popes Nuncioes the seducing Jesuits Priests and Capucines about the Queen Court Him and childrens naturall prouenesse unto errour Which prayers admit they had been an oversight yet proceeding from a godly Christian Zeale deserved onely a private admonition not open prosecution or High Commission censure but his making of them so publickly criminall and censuring those so severely for them of purpose to deterre all others from praying for the Queens conversion or against the Princes perversion is an undeniable argument of his good affection to Popery and attempts to reduce us thereunto For his extolling Queen Maries and depressing King Edwards and Queen Elizabeths dayes the words sufficiently declare it was as well in reference to the Religion then professed as to the Vniversity Statutes and the Preface it selfe is of his owne making as well as the Statutes as we shall more fully manifest in due place by his own letters Secondly to the particular instances the Commons made this reply First that their maine end in producing them was onely to demonstrate that the Pope and his Instruments had a reall Plot and designe to introduce Popery and reduce us back to Rome and that the Archbishop could not but know and take speciall notice thereof by all these particular Letters Papers Books found in his owne Study sent written to himselfe endorsed with his owne hand or recorded in his Diary which should have engaged him with greater vigilancy care animosity to have opposed them and their designes In which regard the three first of them with all the rest most neerly concerned him neither doth nor can he plead ignorance of them Secondly that though all these particulars prove not that he promoted confederated with them in their designes yet some of them directly prove it as his countenancing of Sancta Clara his Books his maintaining of Saint Giles a most dangerous seducing Popish Priest many yeers in the University of Oxford his opposing answering the Commons Remonstrance against the dangerous open encrease and practises of Papists in Ireland to set up Popery there and branding it as a scandalous untruth Thirdly for Habernfields plot we shall prove how it makes against him in due time and for Sancta Clara his Book of Reconciliation we have proved First that he knew of it and had both the Book and Author brought to him by his Favourite Doctor Linsey before it was printed this we have under his owne hand therefore it is monstrous impudency in him to deny it Secondly that this Book when printed was presented to reserved by him in his study and the Author with him there some three or four times afterwards Thirdly that it was printed and publickly sold here in Londō without controll Fourthly that his creatures both abroad and at home much applauded it Fiftly that Saint Giles was the Author of it a popish Priest whom himselfe sent to and maintained in the University of Oxford to pervert and seduce Schollers there That he had the Kings Warrant for it is no excuse and the Warrant being without date written with his owne hand and signed by the King to help at a dead list savours of meer fraud circumvention and will amount to an aggravation but no extenuation of his crime Fourthly the proffer of a Cardinalship twice unto him even at Court so soon as he was nominated Archbishop proves the good opinion that the popish party had of his inclination to their party and Religion his concealing the names of the parties that made him the offer which he will not disclose and his not prosecuting and complaining against them to bring them to publique justice prove that he deemed this proffer no injury nor disparagement if a poor Puritan did but write against Popery or Popish Innovations he presently prosecuted him in the High Commission or Star-chamber where he was sure to be fined imprisoned pillored stigmatized scourged banished but he that seriously tendred him a Cardinals Cap twice one after another escaped scot-free without so much as being once questioned for it As for his informing the King thereof it was not by way of complaint but advice and his answer to the King if true is no absolute rejection of the Dignity but rather an adjournment for the present his ambitious itching desire of being a Pope and Patriarch throughout his Majesties Dominions testified by Sir Henry and Master Anthony Mildmay with Master Challoner making him refuse the present offer not any detestation of Popery or reconciliation with Rome To the sixt was replied that it appeared by the Bishops Protestation in