a Member of the House whereupon Sir William wept Secondly That he should say at the Castle of Dublin that Ireland was a Conquered Nation and that the King might do with them what he pleased and speaking of the Charters of that City averred that their Charters were nothing worth and did bind the King no further than he pleased The Earles Reply That if he had been over liberal of his Tongue for want of discretion yet could not his words amount to Treason unless they had been revealed within fourteen dayes as he was informed As to the Charge he said True it is he said Ireland was a Conquered Nation which no man can deny and that the King is the Law-giver in matters not determined by Acts of Parliament be conceived all Loyal Subjects would grant 3. That R. Earl of Cork having sued out a Process in Course of Law for Recovery of possessions out of which he was put by an order of the Earl of Strafford and the Council of Ireland the said Earl threatned to Imprison him if he did not surcease his suit saying That he would have neither Law nor Lawyers dispute or question any of his Orders And when the said Earl of Cork said that an Act of King Iames his Council there about a Lease of his was of no force the Earl of Strafford replyed That he would make the said Earl know and all Ireland too so long as he had the Government there that any Act of State there should be obeyed as well as an Act of Parliament The Earles Reply It were hard measure for a Man to loose his Honour and his Life for an hasty word or because he is no wiser than God hath made him As for the words he confessed them to be true and thought he said no more then what became him considering how much his Majesties honour was concerned in him that if a proportionable obedience was not as well due to Acts of State as to Acts of Parliament in vain did Councils sit And that he had done no more than what former Deputies had done and than what was agreeable to his Instructions from the Council-Table which he produced and that if those words were Treason they should have been revealed within fourteen days 4. That the said Earl of Strafford 12 Decemb. 1635. in time of peace sentenced the Lord Mount-Norris a Peer Vice-Treasurer Receiver-General Principal Secretary of State and Keeper of the Privy Signet in Ireland and another to death by a Councel of War without Law or offence deserving such punishment The Earles Reply That there was then a standing Army in Ireland and Armies cannot be governed but by Martial Law That it hath been put in constant practice with former Deputies That had the sentence been unjustly given by him the Crime could amount but to Felony at most for which he hoped he might as well expect from his Majesty as the Lord Conway and Sir Jacob Astley had for doing the like in the late Northern Army That he neither gave sentence nor procured it against the Lord Mount-Norris but onely desired Iustice against the Lord for some affront done to him as he was Lord Deputy of Ireland That the said Lord was judged by a Council of War wherein he sate bare all the time and gave no suffrage against him that also to evidence himself a party he caused his Brother Sir George Wentworth in regard of the nearness of Blood to decline all acting in the Procejs Lastly Though the Lord Mount-Norris justly deserved to die yet he obtained his Pardon from the King 5. That he had upon a Paper-Petition of R. Rolstone without any legal Tryal disseized the Lord Mount-Norris of a Free-hold whereof he was two years in quiet possession The Earles Reply That he conceived the Lord Mount-Norris was legally divested of his Possessions there being a suit long depending in Chancery and the Plaintiff complaining of delay he upon the Complainants Petition called unto him the Master of the Rolls Lord Chancellor and Lord Chief Iustice of the common-Common-Pleas and upon â— roofs in Chancery Deâ—reed for the Plaintiff wherein he said he did no more then what other Deputies had done before him 6. That a Case of Tenures upon defective Titles was by him put to the Judges of Ireland and upon their opinion the Lord Dillon and others were dispossessed of their Inheritances The Earles Reply That the Lord Dillon with others producing his Patent according to a Proclamation in the behalf of his Majesty the said Patent was questionable upon which a Case was drawn and argued by Council and the Iudges delivered their Opinions But the Lord Dillon or any other was not bound thereby nor put out of their Possessions but might have Traverst their Office or otherwise have Legally proceeded notwithstanding the said Opinion 8. That he October 1635. upon Thomas â—Hibbots Petition to the Council voted against the Lady Hibbots though the major part of the Council were for her and threatned her with 500l Fine and Imprisonment if she disobeyed the Council-Order entred against her the Land being conveyed to Sir Robert Meredith for his use The Earls Reply That true it is he had voted against the Lady Hibbots and thought he had reason so to do the said Lady being discovered by fraud and Circumvention to have bargained for Lands of a great value for a small Sum. And he denied that the said Lands were after sold to his use viz. That the major part of the Council-board voted for the Lady the contrary appearing by the Sentence under the hand of the Clerk of the Councâ—l which being true he might well threaten her with Commitment in case she disobeyed the said Order Lastly Were it true that he were Criminal therein yet were the Offence but a Misdemeanor no Treason 9. That he granted Warrants to the Bishop of Down and Connor and other Bishops their Chancellors and several Officers to Attach such mean people who after citation refused either to appear or undergo or perform such Orders as were enjoyned The Earles Reply That such Writs had been usually granted by former Deputies to Bishops in Ireland nevertheless being not fully satisfyed with the convenience thereof he was sparing in granting them until being informed that divers in the Diocesse of Down were somewhat refractory he granted Warrants to that Bishop and hearing of some disorders in the execution he called them in again 10. That he having Farmed the Customes of Imported and exported merchandise Inhanced the prices of the Native commodities of Ireland and caused them to be rated in the Book of Rates for the Customes according to which the Customes were gathered five times more than they were worth The Earles Reply That his interest in the Customes of Ireland accrewed to him by the Assignation of a Lease from the Dutchess of Buckingham That the Book of Rates by which the Customes were gathered was the same which was established by the Lord Deputy Faulkland Anno. 1628. some
the Cause and at last produced the overthrow of all their Priviledges they Locked the Door of the House kept the Key thereof in one of their own Pockets held him then Speaker by strong hands in the Chair till they had thundred out their Votes like dreadful Anathemaes against those that should Levy and what was an higher Rant those that should willingly submit to pay it When they check him for admitting the King's Message and move him to put it to the Vote whether their undutiful and ill-natured Declaration about Tunnage and Poundage and what they called Invasion should be carried to the King or no He craved their Pardon being Ordered expressely by his Majesty to leave the House when it was rather a Hubbub than a Parliament and by the noise they made at the close of each Factious Resolve you would take it to be a Moor-fâ—elds Tumult at a Wrestling rather than a Sober Counsel at a Debate when they kept in the Sergeant of the Mace locked the Door shut out the King's Messenger and made a general Out-cry against the Speaker who when the Parliament was Dissolved drew up such a Declaration as satisfied the People that the ground of this Disturbance was not in this or that States-man that they complained but in their own Burgesses who upon removal of those States-men as Duke of B. c. rather increased than abated their Disorders and such an account of the Seditious Party as vindicated the Honour of the King The Ring-leaders of the Sedition Protesting that they came into the House with as much zeal as any others to serve his Majesty yet finding his Majesty offended humbly desired to be the subjects rather of his Majesties mercy than of his power And the wiser sort of their own side censuring them as Tacitus doth Thraseas Paetus as having used a needless and therefore a foolish Liberty of their Tongues to no purpose Sibi Periculum nec aliis Libertatem When he had done so much to assist the Government in Publick Counsels he was not wanting to it in his Private Affairs so obliging he was to the Countrey by an extraordinary Hospitality so serviceable to King and Countrey by his quick and expedite way in all the Commissions of the Peace c. he was intrusted with So happy and faithful in the management of the Queens Revenue so zealous for the promoting of any Design that advanced either the King's Honour or Service that with the unanimous Choice of King and Kingdom then agreeing in few things else he was preferred Lord Chief Justice of the common-Common-Pleas in place beneath in profit above the Chief Justice of the King's Bench by the same token that some out of design have quitted that to accept of this amongst whom was Sir Edward Mountague in the Reign of King Hen. 8. who being demanded of his Friends the reason of his self-degradation I am now saith he an old man and love the Kitchin above the Hall the warmest place best suiting my age His Writ so much the King confided in him running not Durante bene placito but Quam diu se bene gesserit and his Preferment owed to his Merit not his Purse being the Iudge to use King Iames's speech of Judge Nichols that would give no money because they onely buy justice that intend to sell it he would take none In that Place he had two seemingly inconsistent qualities a great deal of Patience to attend the opening of a Cause he would say He had the most wakening Evidence from the most dreaming speakers and a quick dispatch of it when opened Insomuch that some thought to see in his time in the Common-Pleas and other Courts where he sate what was seen in Sir Moore 's in the High-Court of Chancery That the Courts should rise because there were no more Causes to be tried in them He was very careful to declare the true grounds of the Law to the King and to dispense the exact Justice of it to the People He observed that those who made Laws not onely desperate but even opposite in terms to Maxims of Government were true friends neither to the Law nor Government Rules of State and Law in a well-ordered Common-wealth mutually supporting each other One Palevizine and Italian Gentleman and Kinsman to Scaliger had in one night all his hair changed from black to gray This Honourable Person immediately upon his Publick Imployment put on a publick Aspect such as he who saw him but once might think him to be all pride whilst they that saw him often knew him to have none So great a place must needs raise Envie but withal so great a spirit must needs overcome it Envie and Fame neither his friend neither his fear being compared by him to Scolds which are silenced onely with silence being out of breath by telling their own tales Seriously and studiously to confute Rumors is to confirm them and breed that suspition we would avoid intimating that reality in the story we would deny His supposed Crimes when Chief Iustice as now and upon my Lord Coventry's death when Lord Keeper hear how satisfactorily he answereth in a Speech he made after leave had to speak in the House of Commons in his own defence where indeed there is the account of his whole Life Mr. Speaker I Give you thanks for granting me admittance to your presence I come not to preserve my self and fortunes but your good Opinion of me For I profess I had rather beg my bread from door to door with Date obolum Ballisario your Favour than be never so high and honourable with your displeasure I came not hither to justifie my Words Actions or Opinions but to open my self freely and then to leave my self to the House What disadvantage it is for a man to speak in his own Cause you well know I had rather another should do it but since this House is not taken with words but with truth which I am best able to deliver I presume to do it my self I come not with a set Speech but with my heart to open my self freely and then to leave it to the House but do desire if any word fall from me that shall be misconstrued I may have leave to explain my self For my Religion I hope no man doubts it I being religiously Educated under Chadderton in Emanuel Colledge thirteen years I have been in Grayes-Inn thirteen years a Bencher and a diligent Hearer of Doctor Sibbs who if he were Living would Testifie that I had my chiefest incouragements from him and though I met with many oppositions from many in that house ill-affected in Religion yet I was always supported by him Five years I have been of the King's Counsel but no Actor Avisor or Inventor of any Project Two places I have been preferred unto Chief Justice and Lord Keeper not by any Suit or Merit of my own but by his Majesties free gift In the discharge of those places my hands have never
him though he either upon his friends intimation or his own observation of the danger he was in among those who are prone to insult most when they have objects and opportunities most capable of their rudeness and petulancy escaped in a disguise wearing a Vizard lawfully to save himself as others did then to destroy him and the kingdom that night or next morning betimes in a Skuller the Sea being less tempestuous than the Law to Holland where he safely heard himself charged with High-treason in four particulars 1. For not Reading as the Faction would have him the Libell Sir Iohn Clue drew up against the Lord Treasurer Weston in the Parliament 4. Caroli 2. For threatning the Judges in the matter of Ship-money 3. For his judgment in the Forrest business when he was Lord Chief Justice of the common-Common-Pleas 4. For drawing the Declaration after the Dissolution of the last Parliament And staid so long until he saw 1. The whole Plot he indeavoured to obviate in the buds of it ripened to as horrid a Rebellion as ever the Sun saw 2. The Charges against Buckingham Weston Strafford himself c. ending in a Charge against the King himself whose Head he would always affirm was aimed at through their sides 3. The great grievance of an 120000l in the legal way of Ship-money redressed and eased by being commuted for a burden of 60. millions paid in the Usurped ways of Assessements Contribution Loans Venturing Publick Faith Weekly Meals the Pay of the three Armies Sequestrations Decimations those Bells and Dragons of the Wealth and plenty of England 4. The great fear that the King would make a great part of the kingdom Forrests turned into greater that the Conspirators would have the whole kingdom into a Wilderness 5. And the Declaration he drew about the evil Complexion of the last Parliament made good with advantage by the unheard of and horrid outrages of this In a word he lived to see the Seditious act far worse things against the King and kingdom than his very fear and foresight suspected of them though he gave shreud hints and guesses And to see God do more for the King and kingdom than his hope could expect for he saw the horrid Murder of Charles I. and the happy Restauration of Charles II. enduring eight years Banishment several months Confinement and Compositions amounting to 7000l THE Life and Death OF Sr FRANCIS VVINDEBANK WHEN neither sincerity in Religion which he observed severely in private and practised exemplarily in publick nor good affections to the Liberties of the Subject in whose behalf he would ever and anon take occasion to Address himself to his Majesty to this purpose Your poor Subjects in all humbleness assure your Majesty that their greatest confidence is and ever must be in your grace and goodness without which they well know nothing that they can frame or desire will be of safety or value to them Therefore are all humble Suiters to your Majesty that your Royal heart will graciously accept and believe the truth of theirs which they humbly pretend as full of truth and confidence in your Royal Word and Promise as ever People reposed in any of their best Kings Far from their intentions it is any way to incroach upon your Soveraignty or Prerogative nor have they the least thought of stretching or enlarging the former Laws in any sort by any new interpretations or additions The bounds of their desires extend no further than to some necessary explanation of that which is truly comprehended within the just sence and meaning of those Laws with some moderate provision for execution and performance as in times past upon like occasion hath been used They humbly assure Your Majesty they will neither loose time nor seek any thing of your Majesty but that they hope may be fit for dutyful and Loyal Subjects to ask and for a Gracious and Iust King to grant When neither the Services he performed in publick not the Intercessions he made in private in behalf of the People of England could save so well-affected religious able active publick-spirited charitable and munificent a Person as Sir Iohn Finch Baron Finch of Foreditch It s no wonder Sir Francis Windebank was loath to hazzard his life in a scuffle with an undisciplined Rabble which he freely offered to be examined by any free and impartial Courts of Justice where the multitude should receive Laws and not give them and reason should set bounds to passion truth to pretences Lawes duly executed to disorders and charity to fears and jealousies when the sacredness of some great Personages and the honour of others when the best Protestants and the best Subjects were equally obnoxious to the undistinguished Tumults which cried out against Popery and Ill-counsel but struck at all men in power and favour Sir Francis rather ashamed than afraid to see the lives and honours of the most eminent persons in the Nation exposed to those rude Assemblies where not reason was used as to men to perswade but force and terror as to beasts to drive and compel to whatsoever tumultuary Patrons shall project left the kingdom as unsafe where Factions were more powerful than Laws and persons chose rather to hear than to see the miseries and reproaches of their Country waiting for an Ebbe to follow that dreadful and swelling Tide upon this Maxime That the first indignation of a mutinous multitude is most fierce and a small delay breaks their consent and innocence would have a more candid censure if at all at distance Leave he did his place and preferment like those that scatter their Treasure and Jewels in the way that they might delude the violence of their greedy pursuers troubled for nothing more than that the King was the while left naked of the faithful ministry of his dearest Servants and exposed to the infusions and informations of those who were either complices or mercenaries to the Faction to whom they discovered his most Private Counsels Those aspersions laid upon him by those that spoke rather what they wished than what they believed or knew he would say should like clouds vanish while his reputation like the Sun a little muffled at present recovered by degrees its former and usual luster Time his common saying sets all well again And time at last did make it evident to the world that though he and others might be subject to some miscarriages yet such as were far more repairable by second and better thoughts than those enorminous extravagancies wherewith some men have now even wildred and almost quite lost both Church and State The event of things at last demonstrating that had the King followed the worst counsels that could have been offered him Church and State could not have been brought into that condition they were presently in upon the pretended Reformation Among the many ill consequences whereof this was not the least remarkable viz. that those very slanderers reputation and credit I mean that little
Barons of the Exchequer in which place he was tender of two things the Churches and the Kings Rights having never as we heard taken Fee when a Pleader either of an Orthodox Minister or of a Kings Servant The first Books of the Law he would recommend to young Students was the Historical as the years and tearms of Common-law permitting Finch Dodderidge Fortescue Fulbeck and others that writ of the nature of the Law among which Books the Register is authentique Speculum Iustitiariorum is full and satisfactory Glanvill de Legibus consuetudinibus Regni Angliae is useful and practical the Old Tenures tried and approved Bracton methodical rational and compleat Britton learned and exact though his Law in some cases be obsolete and out of date Fleta deep and comprehensive Fortescue sinewy and curious Stuthams Abridgement well contrived and of ready use Littletons Tenures sound exact and the same thing to us Common Lawyers that Iustinians Institutes is to Civil Lawyers Littleton being deservedly said not to be the name of a Lawyer but of the Law it self Fitz-Herberts Abridgement and Natum brevium elaborate and well-digested Collections Doctor and Student A good account of the nature grounds and variety of Laws Stamfords Pleas of the Crown and Prerogative weighty smart and methodical Rastals Book of Entries and the Lord Brooks's Abridgement commended by my Lord Cook as good repertories of the year-books of the Law Theobalds Book of Writs sound and full the next explanatory Books were the next in which kind Cooks Works and Ploydens Commentaries pass for Oracles and Mr. Lambards Books for the most exquisite Antiquities and in the third place Reports among which those of Cook and Crook are profound fundamental and material those of Popham Hobart Owen Hutton Winch Lea Hetley Leonard Brownlow Bulstrode Yelverton Bridgeman are sinewy clear pertinent useful and approved and especially a man must have the Year-books and Statutes His Counsel to the King was with the like freedom as these directions to the young Gentlemen and his Judgment on the Bench with as much faithfulness as either The English in a year of great mortality amongst them had their children born without their cheek-teeth This Judge especially in sad times and in a sad case would have all Pleadings without biting his Nature was pitiful and ingenuous insomuch that he might be called as Tostanus was The Patron of Infirmities His Discourse was always charitable either to excuse their failings or mitigate their punishments The favour he shewed others he found not himself His concurring with his Brethren about Ship-money being aggravated with the most odious circumstances and punished with the severe usage of a Prison a Fine and the loosing of his Place a great argument certainly of his Integrity that in a searching Age he that had been Judge near upon twenty years could be found guilty of no fault but avowing the Law according to his Judgement and being of opinion That the King in case of danger whereof he was Iudge might tax the Nation to secure its self An opinion so innocent that Justice Hutton himself who went to his grave with the reputation of an honest Judge would protest he could heartily wish true it being as much for the Interest of the Nation as it seemed to him against the Law of it So legal that Baron Denham though he was sick and could not debate it with his Brethren and something scrupulous that if he had been there he could not have agreed with them yet it appears his dissent was not from his apprehension of the injustice of the Tax called Ship-money in general but from some particular irregularity in the proceeding with Mr. Hampden in particular as appears from this Certificate dated May 26. 1638. directed to the Lord Chief Justice Brampston May it please your Lordship I Had provided my self to have made a short Argument and to have delivered my Opinion with the Reasons but by reason of want of rest this last night my old Disease being upon me my sickness and weakness greatly increased insomuch as I cannot attend the business as I desire and if my opinion be desired it is for the Plaintiff Iohn Denham And this reason added to it That he thought His Majesty could not seize on any Subjects Goods without a Court-Record c. And so harmless that it was but twenty shillings that Hampden paid with all this ado after Monarchy and Liberty was brought to plead at the Bar. And Judge Crook himself who was one that dissented from his Brethrens opinions about Shipmoney though he had once subscribed it by the same token that the People would say at that time That Ship-money might be had by Hook it should never be had by Crook would say of Hampden That he was a dangerous man and that men had best take heed of him Remarkable here the difference between His Majesties temper and the Parliaments they punished five of the Judges for that very liberty of opinion which they themselves asserted under the notion of Liberty of Conscience that voted against their Sentiments severely The King entertained those two that voted against his Judgement and Interest too with respect the one dying with a Character from his Master of an upright man and the other being dismissed upon his own earnest Petition with the honour of having been a good Servant as is evident from this humble Petition of his to His Majesty To the Kings Most Excellent Majesty The humble Petition of Your Majesties humble Servant George Crook Knight one of the Iustices of Your Bench Humbly â—heweth THat he having by the Gracious Favour of Your Majesties late Father of blessed Memory and of Your Majesty served Your Majesty and your said late Father as a Judge of Your Majesties Court of common-Common-Pleas and of Yâ—ur Highness Court called the Kings-Bench above this sixteen years is now become very old being above the age of 80 years and by reason of his said age and dullness of hearing and other infirmities whereby it hath pleased God to visit him he findeth himself disabled any longer to do that Service in your Courts which the Place requireth and he desireth to perform yet is desirous to live and die in your Majesties Favour His most humble Suit is That your Majesty will be pleased to dispence with his further Attendance in any your Majesties Courts that so he may retire himself and expect Gods good pleasure And during that little remainder of his life pray for your Majesties long Life and happy Reign George Crook And this Gracious Answer of his Majesty to him The KINGS Answer UPon the humble Address by the humble Petition of Sir George Crook Knight who after many years Service done both to Our deceased Father and Our Self as Our said Fathers Serjeant at Law and one of His and Our Judges of Our Benches at Westminster hath humbly besought Us by reason of the Infirmity of his old Age which disableth him to continue
Aristotle handleth the affections in his discourses both of Rhetorick and Poetry and Devotion then keeping up his thoughts and parts the melancholy resulting from thence that made him in the midst of the brave discourses in his House and Company the Rendezvouz of all that was Noble Learned or Witty in the Nation silent some hours together drew in all that he heard into great notions and as if it had been a Meditation all the while expressed them in greater In a word he became the best Poet by being the best natured man in England sufficiently honored not so much by the great appearance at his Funeral at Westminster-Abbey as became the Funeral of the great Ornament of the English Nation August 1667 as that he was intirely beloved by his Majesty King Charles II. the Augustus to this Virgil familiarly entertained by her Majesty Mary the Queen Mother received into the intimate friendship of his Grace George Duke of Buckingham c. and so happily immitated by the excellent Mr. Sprat the surviving Ornament of English Ingenuity who hath done that right and honour to the Royal Society that that doth to Philosophy and the world the first grounds and rules whereof were given by Dr. Cowley in a way of Club at Oxford that is now improved into a noble Colledge at London Fran. Quarles Esq Son to Iames Quarles Esq born at Stewards nigh Rumford in Essex bred in Christ-colledge in Cambridge and Lincolns-Inn London preferred Cup-bearer to the Queen of Bohemia Secretary to Bishop Vsher and Chronologer to the City of London having suffered much in his estate by the Rebellion in Ireland and as much in his Peace and Name for writing the Loyal Converâ— and going to his Majesty to Oxford by the Faction in England he practised the Iob he had described and the best Embleme though he had out-Alciated and Excelled in his Emblemes of Devotion and Patience himself dying Septemb. 8. Anno Domini 1644. Aetatis 52. the Husband of one Wife and Father of eighteen Children buried at St. Fosters and living his pious books that by the fancy take the heart having taught Poetry to be witty without profaneness wantonness or being satyrical that is without the Poets abusing God himself or his neighbor To joyn together Poetry and Musick Mr. Will. Laws a Vicar Chorals Son born and bred at Salisbury but accomplished at the Marquiss of Hertfords who kept him at his own charge under his 〈◊〉 Govanni Coperario an Italian till he equalled yea exceeded him Of the private Musick to King Charles I. and of great respect among all the Nobility and Clergy of England besides his fancies of the 3 4 5 and 6. parts to the Viol and Organ he made above 30. several sorts of Composures for Voices and Instruments there being no instrument that he Composed not to as aptly as if he had only studied that When slain September 24. 1645. in the Command of a Commissary given on purpose to secure him but that the activity of his spirit disclaimed the Covert of his Office he was particularly lamented by his Majesty who called him the Father of Musick having no Brother in that Faculty but him that was his Brother in nature Mr. Henry Laws since gone to injoy that heaven where there is pleasures for evermore after he had many years kept up that Divine Art of giving laws to Ayr Fettering Sounds in Noble Halls Parlors and Chambers when it was shut out of Churches where for many years to use Mr. Hookers words it was greatly available by a native puissance and efficacy to bring the minde to a perfect temper when troubled to quicken the spirits low and allay them when eager soveraign against melancholy and despair forceable to draw forth tears of devotion able both to move and moderate affections The Bards thereby communicating Religion Learning and Civility to this whole-Nation When it was asked what made a good Musician one answered A good Voice another Skill but a third more truly Incouragâ—ment Having omitted the Reverend Bishop Bridgeman among the suffering Prelates it will be no offence to enter him among the discouraged Artists he being as ingenious as he was graâ—e and a great Patron of those parts in others that he was happy in himself for those thirty years that he was Bishop of Chester every year maintaining more or less hopeful young men in the University and preferring good proficients out of it by the same token that some in these times turned him out of his Livings that he had raised into theirs A good Benefactor to Chester I think the place of his Birth as well as his Preferment and to Brasen-nose-colledge oxâ—n the place of his Education but a better under God to England in his Son the honorable Lord Chief Justice Bridgeman a great sufferer in his Majesties Cause and a great honor to it his moderation and equity being such in dispensing his Majesties Law that he seems to carry a kind of Chancery in his Breast in the common-Common-pleas endearing as well as opening the Law to the people as if he carried about him the Kings Conscience as well as his own an instances that the Sons of married Clergy-men are as successful as the Children of Men of other Professions against the Romanists suggestion who against Nature Scripture and Primitive Practise forbid the Banes of Clergy-men within their own jurisdiction and be â—patter them without though they might observe that the Sons of English Priests prove as good men generally as the Nephews of Roman Cardinals Dr. George Wild a native of Devonshire Scholar and Fellow of St. Iohns-colledge in Oxford and Chaplain to Archbishop Laud at Lambeth a great wit in the University and a great wisdom in the Church which in its persecutions he confirmed by his honest Sermons in Country and City in publick and private particularly in his well-known 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Oratory in Fleet-street fitted for the Preaching of the Word the Administring of the Sacrament with a constant solemn and fervent use of the publick Liturgy encouraged by his chearful spirit and converse adorned with his great and gentile example of piety and charity communicating with great care to others relief that were Sequestred Imprisoned and almost Famished what he himself by his great reputation and acquaintance received for his own maintenance who hazarded himself by keeping correspondence beyond Sea most yet suffered less than any bold innocence is its own guard only surprized sometimes to a few hours Confinement and some weeks Silence when as it is said of Saint Iohn Baptist by Maldonate miraculum nonfecit magnum fuit so it is written of him by his successor Bishop Mossom Concionem non habuit magna fuit He preached no Sermon yet was he himself in the pattern of patience and piety a good Sermon because Herod was afraid of this burning and shining light he came not to execution himself for his Loyalty because he feared not Herod he
this Lord Digby and Dunsmore look for the Captainship of the Pensioners Hertford once looked after it but now I believe he expects either to be Treasurer or of my Bed-chamber I incline rather to the later if thou like it for I absolutely hold Cottington the fittest man for the other And in a third as a wise States-man that was not to be abused with umbrages When the Rebellion seized on other mens Estates it looked for a greater Treasure with my Lord Cottington's A B C and Sir F. W. taking all their Papers Indeed this Lord sent such a Reply to some harangues of the House of Commons against him as could not be Answered but by suppressing both their Charge and his Answer an essay of the Spartanes valour who being struck down with a mortal blow used to stop their mouths with earth that they might not be heard to quetch or groan thereby to affright their fellows or animate their enemies And to prepare the way for his ruin the most opprobrious parts of his accusation were first whispered among the populacy That by this seeming suppression men impatient of secrecy might more eagerly divulge them the danger appear greater by an affected silence Besides the calumnies and the suspitions were so contrived as might force him and others to some course in their own defence which they hitherto forbore and by securing themselves to increase the publick fears For the slanders fixed upon the King's Party were designed rather to provoke than to amend them that being provoked they might think rather to provide for their security than to adjust their actions in a time when the most innocent man living was not safe if either wise or honest Indeed he sate among the Faction at Westminster so long as he had any hope of keeping them within any reasonable terms of moderation untill he and others saw that their longer continuance amongst them might countenance their confederacy but neither prevent nor so much as allay their practises And therefore among many eminent examples of loyalty and virtue of the noblest extracts and fairest estates in England of which they could not easily suspect to be divested without an absolute overthrow of all the Laws of right and wrong which was to be feared only by their Invasion on the Kings most undoubted Rights for when Majesty it self is assaulted there can be no security for private fortunes and those that decline upon design from the paths of equity will never rest till they come to the extremity of injustice We find him with the King at York where the King declareth that he will not require any obedience from them but by the Law of the Land That he will Protect them from any illegal Impositions in the profession of the true Protestant Religion the just Liberty of the Subject and the undoubted Priviledge of the three Estates of Parliament That he will not Engage them in any War except for necessary defence against such as invade him on them And he with others subscribing a Protestation to live and dye with the King according to their Allegiance in defence of Religion and Laws together with the prosperity and peace of the kingdom But this Resolution without treasure would not take effect and therefore the Nobility Gentry Clergy and both Universities furnished his Majesty with treasure chusing rather to lay out then estates for the supply of his Majesty than expose them to the lusts and usurpations of a Conspiracy And yet treasure without a Treasurer could not at that time be either preserved or managed and my Lord Cottington had been so good a husband for himself that he was looked on in a time when his Majesties occasions were so craving and suppy so uncertain as the fittest Steward for his Soveraign Being so rich that he would not abuse his Majesty himself and so knowing that he would not suffer others to do it The Souldiery would have their flings at him for being so close in his advises and wary in his place at Oxford But he understood that in vain do the Brows beat and frown the Eyes sparkle the Tongue rant the Fist bend and the Arm swing except care be taken that the Belly be fed But when it pleased God that the best Cause had the worst success and his Sacred Majesty more solicitous for his friends safety than his own chusing to venture himself upon further hazzards rather than expose their resolute Loyalty to all extremities directed his followers to make as good terms of peace as they could since it was in vain to linger out the war This Lord among others whom when fortune failed their courage stood to had the contrivance first and afterwards the benefit of the Oxford Articles so far as the forfeiture of all his estate most part whereof came to Bradshaw's share perpetual Banishment but withal an opportunity to serve his Gracious Master in his old capacity of Ambassador to the Court of Spain in Joint Commission with Sir Edward Hyde since the Right Honourable the Earl of Clarendon and Lord High-Chancellor of England Two persons whose abilities and experience could have done more than they did had not interest been more with Princes than honour and present accommodations beyond future advantages Considerations that made it more adviseable for this ancient Lord Cum satis naturae satisque patriae gloriae vixisset to prepare himself rather to dye in peace with God than to concern himself in the affairs of men of which he said as it is reported when some English Mercuries were offered him that he would peruse and reflect on them when he could find some of the Rabbines hours which belonged neither to day nor night So much longed he for the grave where the weary are at rest and that world where all are at peace What point of time about 165â— he died in what particular manner he was buried what suitable Monument and Memory he hath hath not come to my knowledge and need not come to the Readers This Lord himself could not endure a discourse that ran into frivolous particulars And it is Lipsius his censure of Francis Guicciardines history Minutissima quaeque narrat parum ex lege aut dignitate historiae Thy want of Tomb's an Ep'taph thou wants a Grave Cottington with more glory than others have The Sun 's Rise and Fall 's no more Spain's hoast Since this Lord 's morn and night was within that Coast. THE Life and Death OF Sir IOHN BRAMSTON SIR Iohn Bramston Knight was born at Maldon in Essex bred up in the Middle Temple in the Study of the Common-law wherein he attained to such eminency that he was by King Charles made Lord Chief Justice of the Kings-bench One of Deep Learning Solid Judgement Integrity of Life Gravity of Behaviour above the Envy of his own Age and theâ— candal of Posterity One instance of his I must not forget writes the Historian effectually relating to the Foundation wherein I was bred Serjeant
Oration used not one R Now the letter R is called the dogged and snarling letter This person could not indure a base and unworthy expression of the worst-deserving of all the adversaries because though it became them well to hear ill yet it did not become the other side to speak so it being below a good cause to be defended by evil speaking which might anger but not convince and discover the ill spirit of the party that managed the cause instead of keeping up the merit of the cause that was managed He was sad all his time but grew melancholy in the latter end of it conscience speaking than loudest when men are able to speak least and all sores paining most near night when he was not of Edward the II. mind who looked upon all those as enemies to his Person who reproved his Vices but of Henry V. who favoured those most when in years and a King that dealt most freely with him when young and a Prince A melancholy that was rather serious than sad rather consideration than a grief and his preparation for death rather than his disease leading to it wherein his losses were his greatest satisfaction and his sufferings his most considerable comfort Being infinitely pleased with two things King Charles the Martyrs rational and heroick management of his Cause and Sufferings and the Peoples being more in love with him and his cause since it miscarried than when it prevailedâ— an argument he thought that it was reason and not power something that convinced the conscience and not something that mens estates or persons that was both the ornament and the strength of the Kings side the reason he chearfully paid three thousand five hundred and forty pounds for his Allegiance as he had chearfully kept to it the only two instances of his life that pleased him If any body demand how he could suffer so much as he did at last and do as much as he did at first and how he could lay out so much to pious uses whom it had cost so dear to be a good subject The Spanish Proverb must satisfie him That which cometh from above let no man question Though indeed he was so innocent in that age that he could not be rich and of the same temper and equal fortune with Judge Cateline that Judge in Queen Elizabeths time that had a fancy full of prejudice against any man that writ his name with an alias and took exception against one on this very account saying That no honest man had a double name or came in with an alias And the party asked him as Cambden tells the story in his Remains What exception his Lordship could take against Iesus Christ alias Iesus of Nazareth A kinsman of whom having a cause in the Kings-bench where he had been Lord Cheif Justice was told by the then Lord Chief Justice That his kinsman was his predecessor in that Court and a great Lawyer And answered by the Gentleman thus My Lord he was a very honest man for he left a small estate There is one more of this name Sir George Berkley too who as it was his policy that in all discourses and debates he desired to speak last because he might have the advantage to sum up all the preceding discouses discover their failures and leave the impression of his own upon the Auditory So it shall be his place to be the last in this short mention in reference to whom remembring the old saying Praestat nulla quam pauca dicere de Carthagine Being not able to say much I will not say little of him this Gentlemans virtue forbidding a short and lame account of him as severely as Iohannes Passeravicius Morositis in Thuanus a good conceited Poet and strangely conceited man allowed not under the great curse that his Herse should be burdened with bad funeral verses Sir George Berkley of Benton in the County of Sommerset 450 l. 00 00 With 60 l. per annum setled Only it will not be amiss to insert an honorable Person in this place who though he appeared not with his Majesty so openly at first yet acted cordially and suffered patiently for him to the last I mean the Right Honorable GEORGE Lord BERKLEY Baron of Berkley Mowgray and Seagrave ONe of those honest persons that though ashamed of the Kings usage in London were sorry for the necessity of his removal out of it which left the City liable to the impostures and practices and his friends there obnoxious to the fallacies and violences of a Faction that had all along abused and now awed the Kings leige people that could not before by reason of their pretences discern what was right nor now by reason of their power own it This noble person did not think it adviseable to go from Westminster because his estate lay near the City yet he served the King there because his inclination especially when he was disabused was for Oxford He was of his Majesties opinion at the first Sitting of the Long Parliament that to comply with the Parliament in some reasonable and moderate demands was the way to prevent them from running into any immoderate and unreasonable The stream that is yielded to run smoothly if it be stopped it fometh and rageth but his honest nature being deceived in the confidence he had in others whom he measured by himself that is the advantage the cunning man hath over the honest pitied their unreasonableness rather than repented of his own charity and hope and ever after went along with them in accommodations for peace but by no means concurred in any preparations for war insomuch that when he despaired of reason from the Houses he was contented to deal with the particular Members of them being willing to hearken to Master Waller and some others Proposal about letting in the King to the City by an Army to be raised there according to the Commissions brought to Town by the Lady Aubigney when he could not open his way by the arguments used by him and others in the Convention Being a plain and honest man the factious papers and discourses took not with him they were so forced dark canting and wrested The Kings Declaration being embraced and as far as he durst published and communicated by him because clear rational and honest He might possibly sit so long at Westminster as to be suspected and blamed for adhering to the Rebellion but he was really with the Earls of Suffolk Lincoln Middlesex the Lords Willoughby Hunsdon and Maynard impeached at Westminster of High-treason in the name of the Commons of England for levying war against the King Parliament and Kingdom It may be thought a fault that he vouchsafed the Juncto his company when they debated any overtures of peace but it was his commendation that he retired when the Earl of Essex was Voted General the King the Bishops and Delinquents lands seized on the New Seal made the War prosecuted c. And appeared only to ballance
to Immortality And a fair vertuous Name can stand alone Brass to the Tomb and Marble to the Stone THE Life and Death OF Drâ— RICHARD HOLDSWORTH A Divine and to confute the common slander fastened upon Ministers Sons a Divines Son Richard Holdsworth the Son of Richard Holdsworth born at Newcastle upon Tyne where his Father was an eminent Preachâ—er and bred there under Mr. William Pearson to whom he was committed the youngest of his dying Fathers Sons at seven years of age an exact Preacher in the same place He came very young to St. Iohns Colledge in Cambridge with very pregnant hopes and went away young with very great accomplishments the ornament of that Society whereof he was a Member and the great Vote of it insomuch that they endeavoured to chuse him Master First to be Chaplain to Sir Henry Hâ—bart Chief Justice of the common-Common-Pleas where he was very honorably treated and thence to be Minister of St. Peters in the Poor London which he had in exchange for another Living whereto an honorable Patron presented him and where-from a reverend Prelate that was loath to loose him in the Country disswaded him in the West-riding of Yorkshire the Scene of his renowned performances while he was alive and the Grave of his virgin body when dead There he filled not the Peoples ears with empty noise but ravished their Hearts with solid truths here the Church rung not with the Preachers raving but with the Hearers groans the Walls Pillars and Windowâ— dropping with the Auditors sweat and tears extorted from themâ— not by a furious thundering but by a zealous and hearty Eloquence which awed Impiety comforted the Religious was the delight of good Men and a pleasant song even to Hypocrites being followed by all sort of people who delighted in him not as St Iohn Baptists Hearers did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for a time till the Civil Wars when the times turning and he standing still the People in the late Tumults like those at Sea thought he who was as immoveable as the earth moved and altered and they whose Heads turned like Folks-heads at Sea thought themselves the same Once he was Preaching to them upon the Acclamation made to Herâ—d and the Consequence of it in Merâ—â—rs-Chappel and they Hummed him so that they could not hear him he cryed out to them several times I pray remember the Text to teach them to have no mans person in admiration Another time they thronged to hear his Sermon and he dismissed them with the Prayers and a Homily of the Church Reading both in his Surplice to inform them that he preferred the publick Offices before his private Abilities which though more fluent than any Gifted-man about Town tied himself to one sober Form of Prayer and to one grave Method of Preaching The Plague in 1625. when he first came to Broad-street could not drive him from his dear Flock though another Murrain 1640. among the Flock its self I mean the late Herefies and Schisms did But one Stage was not equal to so great Abilities that could fill both the Chair at Gresham-Colledge on the one side of Broad-street in as great confluence of Scholars and Divines as he did the Pulpit on the other side with a great throng of Citizens His learned labours returning upon him with fresh applauses each week in both places a specimen of the last whereof we have in his learned Lectures published by the reverend learned and good-natured Dr. Richard Pearson lately of St. Brides London who having power to Print them from one of the Doctors Overseers Bishop Brownrig as he had with much ado obtained leave of the modest Doctor himself who never Printed any thing but one single Sermon and that not till a third Command from his Majesty who otherwise was very conscientiously observant of his least Order that Pamphlet called by the Transcriber The Valley of Vision a Valley indeed not for the fruitfulness but for the lowness especially if compared to the pretended Authors high parts but little vision Printed them with that care that became an ingenious man who reverenced the memory of the Author who was by Relation his Uncle in Affection his Father in Favours his Patron in his Academical Studies his Tutor and in his Ecclesiastical his Compass Entring on his Lectures 1630. with great expectation and continuing them for eight years above it his own Colledge St. Iohns Voted him Master and when the perversness of some and the prevalency of others defeated the Colledge of that Vote the honor whereof his own modesty declined Emanuel Colledge gained him at once the most obliging and the most resolute Master that ever was in that House old Dr. Chadderton that had resigned to Preston and survived two Masters saying That he was the only Master that ever he saw in that House and he carrying it so civilly towards the old Doctor that he did nothing and went no whither about Colledge Affairs without Father Chadderton on his right hand telling him That as long as he lived he should be Master in the House though he himself was forced to be Master of the House Until opposing the torrent of the late Civil Wars as Vice chancellor for three years together by Preaching Loyal Sermons at St. Maries by Licensing his Majesties Declarations to the Press by discountenancing evil Principles and propagating good ones by forwarding Supplies to the King to suppress the Rebellion and by denying any to the Faction to maintain it he was advised to withdraw himself from that Tumult which it was in vain to contend with as he did first to the Country and then to London the best Hiding-place in the kingdom where being concealed a while God Almighty thinking it not fit that so great a virtue should in a time when there was so much need of it be hid and drawing it out to be as exemplary in its sufferings as it had been in its other performances he fell by accident as he walked an evening into their hands whom he desired to avoid for being known by a Captain of one of those Guards that Watched each Street and Corner he was brought before a Close-Committee and Committed by them first to Ely-house this prophane War turning Noblemens Palaces into Prisons as it did afterwards Gods Houses into Stables and afterwards to increase the charge as well as the severity of his Imprisonment to lessen both his Liberty and Estate to the Towâ—r which he called Davids Tower for four years together where Archbishop Laud sent particularly to this excellent person for his Prayers a little before his death and whence not without a great sum of money and as great intercession of friends on condition not to stir above twenty miles out of the City to enjoy only his choice Library that escaped their fury and his Parish in the City his Colledge in the University and a good Parsonage bestowed upon him by the Earl of Rutland being kept from him the Title of
to what their Father Sir Everarâ— Digby engaged in the Powder-plot forfeited to King Iames. A Gentleman of a strong body and brain witness his Book of Bodies and the Immortality of the Soul his soul being one of those few souls that understand themselves together with his suddain Notes on Religio Medici of a great correspondence see Dr. Wallis Commercium Epistoli Of a fluent invention and discourse as appears from his long discourse at Montpelier in France and his entertainments of the Ladies of the several Nations he travelled in of a great faculty in Negatiations both at France Rome Florence and most of the States of Italy of one of the Princes whereof it is reported that having no Children he was very willing his Wife should bring him a Prince by Sir Kenelm whom he imagined the just measure of perfection The rest learn from this Epitaph on his Tomb 1665. when he died and was buried with his incomparable Lady at Christ-Church London to which he had been a great Benefactor Vnder this Tomb the Matchless Digby lyes Digby the Great the Valiant and the Wise This Ages Wonder for his Noble Parts Skilled in six Tongues and learned in all the Arts Born on the day he Died the eleven of June And that day bravely fought at Scanderoon It 's Rare that one and the same day should be His day of Birth of Death of Victory R. F. 3. Colonel Iohn Digby the excellent Archer and Improver of Aschams Toxophelus but many talk of Robin Hood that never shot in his Bow 4. Mr. Kenelm Digby eldest Son of Sir Kelnelm who was then imprisoned at Winchester-house slain at Saint Neots in Huntingtonshire in whose Pocket was found they say a Lock and Key with a Chain of ten Links which a Flea could draw for which certainly he had been with The Little Smith of Nottingham Who doth the work that no man Can. 5. Sir Io. Digby of Mawfield-woodhouse County of Nottingham paid composition 1058 l. and George Digby of London Stafford Esq. 1440 l. Martial men it is observed made for and worn with her began and expired with Queen Elizabeth peaceable and soft spirited men with King Iames and honest publick-spirited Patriots with King Charles I. 6. Sir Herbert and Sir Thomas Lunsford both of Lunsford Sussex the first said by the enemies to be the fairer the â—ther the shrewdest adversary the reason why the ones abilities was drowned by the others activity one grain of the practical man was in all ages too heavy for a pound of the barely knowing both the biggest men though twins you could likely see to wherefore Sir Thomas was feigned by the Brethren a devourer of Children both bred in the Dutch and Germane Wars both in command in the Scotch war Sir Thomas was Lieutenant of the Tower 1639. and displaced to please a jealous multitude a Prisoner there 1641 for attempting as was pretended to draw up a body of Horse and seize the Magazines at Kingston upon Thames His first encounter for his Majesty was at Westminster upon the Rabble that came down to cry no Bishops where he and some other Gentlemen drawing upon them scattered them as he did them often afterward in the course of the Wars when they were modelled into Armies losing his Brother Col. H. Lunsford by a Canon-shot at Bristow Iuly 26. 1643. with Col. Trivanian and Col. Bucke who make me unwilling to believe the common Proverb That he was Cursed in his Mothers belly that was killed with a Canon though it is sad to see Valour subjected to chance and the bravest man fall sometimes by the most inconsiderable hand It was their Fathers observation in Queen Elizabeths time that God so equally divided the advantage of weapons between Spain and us that as their Bilboa Steel makes the best Swords so our Sussex Iron makes the best Guns THE Life and Death OF EDWARD Lord LITLETON Lord Keepter of the Great Seal of England ELdest Son to Sir Edward Littleton of Mounslow in Shrop-shire one of the Justices of the Marches and chief Justice of Northwales himself bred in Christ-Church Oxford and at the Temple in London one of the Justices in North-wales Recorder of London Sollicitor to King Charles the I. Term Mich. Anno 15. Car. 1. Serjeant at Law and chief Justice of the Common-Fleas 1639 40 Privy-Counsellor and Lord-Keeper and Baron of Mouâ—slow 1640 41. Honors he gained by his discreet management of the Duke of Buckinghams Charge and other Affairs in Parliaments 1625. 1626. 1627. 1628. between the jealousie of the people and the Honor of the Court that Sir I. Finch would say of him He was the only man for taking things by the Right handle and Sir Edward Cook that he was a well-poized and weighed man and deserved by sending the Seal first and then going himself after it to the King at York whence his presence did but countenance the Rebellion in London for the Lord Willoughby of Parham pleaded in answer to a summons sent him by his Majesty that he was about setling the Militia according to the Votes of Parliament passed as legal by Sir Edward Litleton Lord Keeper and Sir Iohn Banks as Lord chief Justice An action of important service to his Majesty not only confirming all his proceedings with the right Seal but likewise occasioning the Adjournment of the Term the suing of all Original Writs from Oxford the invalidity of unsealed Parliament Proclamations the impossibility of issuing out new Writs of Election for Members of Parliament and thereupon the danger of the dissolution of that Parliament especially since the making of the new Seal was a matter of so dangerous a consequence that a Member of their own desired the Serjeant that drew up the Orâ—â—nance for the new Seal not to be made too hasty in that business before he consulted the Statute 25 Edw. 3. Where counterfeiting of the Great Seal is declared High Treason To which the Serjeant replyed That he purposed not to counterfeit the old Seal but to make a new His very name carryed an hereditary Credit with it which plaineth out the way to all great actions his Vertue being Authorized by his Nobility and his Undertakings enobled by his Birth gained that esteem which meaner men attain not without a large compass of time and Experience Worthless Nobility and ignoble worth lie under equal disadvantage neither was his Extraction greater than his Parts his Judgment being clear and piercing his Learning various and useful his Skill in the Maxims of our Government the Fundamental Laws of this Monarchy with its Statutes and Customs singular his Experience long and observing his Presence and Eloquence Powerful and Majestick and all beâ—itting a Statesman and a Lord Keeper who was besides a Souldier For I think these Verses were made upon him In D. E. L. Iudicem Chiliarcham Truncatus manibus ne serret munera Iudex Olim oculis captus ne caperetur erat Vteris ambobus
his preferment and a Papist afterwards though he was the same godly and orthodox man always he died 1649. dividing his estate equally between his relations to whom he was obliged in nature and distressed Ministers for whom he had compassion as a fellowâ— sufferer of whom I may say as it was of Dr. Reynolds that it must be a good heart that kept so good a head employed rather in rescuing old truths than in broaching new errors Dr. Iohn Richardson extracted of an ancient and worshipful Family in Cheshire brought up in Dublin and made Bishop of Ardah in Ireland peculiar for a very grave countenance and his being extraordinary textuary by the same token that they who would not let him Preach on the Scripture in the late times desired his help to Comment upon it for his is the painful Comment in the larger Annotations upon Ezekiel Many the gifts in these times bestowed upon him and much in Almes his deep poverty abounding to the riches of liberaliy as our Saviour relieved others though living upon others relief himself when living and considerable his Legacies especially to Dublin-colledge when dead which happened in the year of our Lord 1653. and of his age 74. being observed never to have desired any preferment but to have been sought for to many it being his rule to discharge his present place well knowing that God and good men use this method viz. to make those who have been faithful in a little Rulers over much as he was to the great benefit of the places he came where being as good and dexterous a Lawyer as Clerk he compounded Differences discharged Annuities and Pensions set up Presidents of Frugality built Houses that he long Inhabited not Dido being feigned in love with Aeneis when dead many years to salve the Anticronism it is said it was with his Picture truly I never saw this Reverend Prelates Picture but I was in love with him for his Portracture sake in Paper as I am with God for his Image sake in him Mr. William Lyford Bachelor of Divinity born and bred in Piesmer in Berk-shire preferred first Fellow of Magdalen-colledge to which he restored in way of Legacy what he had taken for the resignation of his Fellowship to his great grief many years in a way of bribe and thence by the favour of the Earl of Bristol who had a great value for him Minister of Sherburne where he divided 1. His people to two parts 1. The weak which he Catechised and Principled in the Doctrines of the Church for many years before the wars whereof he drew a Scheme since 2. The strong whom he confirmed by his exact Sermons his modesty visible in his comely countenance and the meekness and prudence of his spirit in his courteous behaviour 2. His time into nine hours a day for Study three for visits and conferences three for prayers and devotion two for his affairs and the rest for his refreshment 3. His estate into one third part for the present necessity of his family another third part for future provision and the third for pious uses and his Parish into twenty eight parts to be visited in twenty eight days every month leaving knowledge where he found ignorance justice where he found oppression peace where he found contention and order where he found irregularity planting true Religion apart from all fond Opinions the reason why though I have heard at a solemn Assembly 1658. at Oxford him charactered for a man of an upright life great gravity and severity by the same token that it was wondred there that so holy a man so much acquainted with God as he was should doat so much these are their own words on such sapless things as a King Bishops Common-prayer and Ceremonies and he to win them over used much their more innocent Phrases Expressions and Method yet he suffered much from the Faction in his Name and Ministry dying 1653. Mr. William Oughtred a native Scholar and Fellow of Eaton bred in Kings-colledge Cambridge and his Mathematical Studies wherein by Study and Travel he so excelled that the choicest Mathematicians of our age own much of their skill to him whose house was full of young Gentlemen that came from all parts to be instructed by him leading him to a retired and abstracted life preferred onely by Thomas Earl of Arundel to Albury in Surrey where having a strong perswasion upon principles of Art much confirmed by the Scheme of his Majesties return in 1660. sent his Majesty some years before by the Bishop of Avignon that he should see the King restored he saw it to his incredible joy and had his Dimittis a month after Iune 30 1660. and the 86. year of his age Much requested to have lived in Italy France Holland when he was little observed in England as facetious in Greek and Latine as solid in Arithmetique Astronomy and the sphere of all Meatures Musick c. exact in his stile as in his judgment handling his Cube and other Instruments at eighty as steadily as others did at thirty owning his he said to temperance and Archery principling his people with plain and solid truths as he did the world with great and useful Arts advancing new Inventions in all things but Religion Which in its old order and decency he maintained secure in his privacy prudence meekness simplicity resolution patience and contentment Dr. Richard Stuart a Gentleman of a great extraction and good education born at Pate-shull in Northamptonshire near Nâ—â—vesby to Navelshy in the midst of England where was born Martâ—â— de Pate-shull who being a Divine was the best Lawyer of his time and Chief Justice of the common-Common-pleas As he being a Lawyer bred Fellow of All-souls and almost being a little person of great faculties all soul himself in Oxford was one of the best Divines of his time made successively Dean of Chichester Provost of Eaton Dean of Saint Pauls and Westminster Prolocutor to the Convocation 1640. at Westminster Clerk of the Closet to the Kings Charles I. and II. a great Champion of the Protestant Religion at Paris where he Preached the excellent Sermon of Hezekia's Reformation in vindication of ours and a discreet propagator of it having with that publick spirited man Sir Georg-Ratcliffe gone very far in making an accommodation between the Iansenists and the Reformed a sit man for such a noble design considering the moderation of his principles his breast being a Chancery for Religion the Sweetness of his Temper the Acuteness and Depth of his Reason the Charm of his Rhetorick and Fancy he having been formerly upon all occasions as great a Poet and Orator as he was then a Divine and the full Smartness of his Stile Vir to give him the Elogy of his Country-man Holcot in divinis Scripturis cruditissimus saecularium rerum hand ignarius Ingenio praestans clarus eloquio declamator quoque concionum egregius He ordered this Inscription on his Grave
London 1644 1645 1646. and to rise in Arms for him about Kingston where being defeated taken at St. Neots after a tedious imprisonment notwithstanding his sickness and infirmities tried for his life and beheaded in the Pallace-yard Westmin recommending with his last words to the deluded People the Kings Government and the established Religion The Right Honorable Francis Lord Willoughby of Parham who with Sir Io. Hotham the Earl of Stamford Sir Hugh and Sir H. Cholmley Sir Christopher Wray Sir Edward Ayscough c. all Converts afterwards in being as active in setling the Militia of Yorkshire and Lincolnshire in obedience to the Parliament as other persons of quality were in prosecuting the Commission of Array in obedience to his Majesty was warned by a Letter under his Majesties hand dated at York Iune 4. 1642. to desist from Assembling the people in those parts upon any pretence whatsoever upon his allegiance and answered with much modesty and humility that though he could not presently desist without falsifying the trust reposed in him by the Parliaments particular Directions according to an Ordinance voted by the Lord Keeper Littleton and the Lord Chief Justice Banks whose judgments swayed his younger one as he said to this action so unsuitable to his Majesties liking yet nothing should pass by his Commands but what should tend to his Majesties honour and safety Agreeably to which ingenious Declaration when he saw into the bottom of the factious designs he was so active for his Majesties honour and safety in the House of Lords and the City of London 1645 1646 1647. that with the Earls of Suffolk Lincoln and Middlesex the Lords Berkley Hunsden and Maynard all a while deluded by the Iuncto and because they presumed to be undeceived at last punished by them being impeached of high Treason for levying War against the King by endeavouring to make the City and Kingdom for him chose rather to hazzard himself 1648 1649 for a conquered and a captive Soveraign assisting and attending his Son in Holland and the Fleet as long as there was any likelihood of serving him than to have a share any longer in a conquering and prosperous Rebellion though it cost him several imprisonments and molestations besides 5000 l. composition Prosecuting his Loyalty by providing Arms for his Majesties Friends 1655 1657 1658 1659. at his own charge till the Restauration when having a large Estate and great experience in he was made Governour of the Caribee Islands 1660. where going during the late War upon a design of recovering St Christophers newly seized by the French he was cast away with most of his Fleet by an Hurricane 1666. being succeeded in his Government and Honor by his brother the Right Honorable G. Lord Willoughby of Parham 1666. A blessed Cause this to use the words of that ornament of his ancient and worshipful Family in Suffolk and Norfolk Mr. Hammond L'Estrange who enobled his sufferings as well as the cause he suffered for by his Writings especially his Alliance of Liturgies a Book full of that Various Reading not common in men of his quality and his History of King Charles I. a piece compiled with that ingenuity prudence and moderation as was not vulgar in the Writers of his Time that won its conquering Enemies all but one that sacrificed his Reason and Conscience to his ambition who yet in the midst of his greatness had not one minutes rest from those Fears his Conscience and common foresight that Right and Truth which are greater notwithstanding all his Arts and Methods of settling himself should prevail And there being nothing left now for the Kings Cause to conquer but those principles of Religion and those Ministers that supported the Faction those stood not out against its Evidence and Arguments for 1. Mr. Alexander Henderson a Moderator of that is in effect Archbishop in all the Assemblies in Scotland one in all the Treaties of England one of the ablest Presbyterians in both Kingdoms being overcome with his Majesties Arguments at Newcastle where he was Ordered to converse with and convert his Majestie when as all his Confinements his Pen gained those Victories which were denied his Sword went home heart-broken with Conscience of the injuries he had done to the King he found every way so excellent To whom I may joyn 2. Iohn Rutherford a Layman who was so far won by his Majesty then their Prisoner as to hazzard his life seven times for his rescue for which after a great reputation he gained in the King of France his service and great integrity and ability in serving his own Master he was 1660. made Governour of Dunkirk and 1662. Governour of Tangier and Earl of Tiveot both which Garrisons he fortified impregnably being a man of a great reach in Trade Encamping and Fortification and of an unwearied Industry and Diligence laying the design of the Mole in the last of those places which when finished will be a Piece of the greatest concernment in Christendom He was cut off 1664 5. in a Sally out as he was a very forward and daring man upon the perfidious Moors whom he had reduced to the most honourable peace that ever was enjoyed at Tangier to recover a Wood that was a great shelter to the Enemy and would have been of vast advantage unto us They that begin Wars know not how to end them without horrid scandals to Religion and an unparallel'd violence offered to all the Laws and Rights in the World On which consideration many returned to sober principles of Allegiance and indeed all rational men acquiesce in the present establishment according to their respective consciences actively or passively in gratitude to his Majesty and the Government for their former Indemnity that since his Majesty as a Father looked on all his Subjects as sons yet caressed his Prodigals those Subjects that came to themselves and acknowledged their errour with extraordinary kindness and tenderness out-doing all his promises and engagements Let the World see that his promises made and performed were not the effects of necessity but the fruits of a gracious and Princely mind like his Grandfather H. IV. of France not only pardoned the former Errours of those that were seduced against him and his Father but preferred and trusted them too They may make good his late Majesty of blessed memory his Royal word and engagement for them Medit. 27. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that will be more loyal and faithful to his Majesty than those Subjects who being sensible of their own errours and his injuries will feel in their souls vehement motives to repentance and earnest desires to make some reparations for their former defects Mr. Cauton and Mr. Nalton was banished and Mr. Christopher Love born in Wales and bred under Dr. Rogers in New-Inn◠Hall Oxon. Minister first of St. Ann Aldersgate and afterwards of St. Lawrence Jury was beheaded for owning the Kings Interest by those with whom he opposed it so far as
touched my eyes have never been blinded with any Reward I never byassed for friendship nor diverted for hatred for all that know me know I was not of a vindicative nature I do not know for what particulars or by what means you are drawn into an ill opinion of me since I had the honour to sit in that place you sit in Master Speaker in which I served you with all fidelity and candor Many witnesses there are of the good Offices I did you and resumed expressions of Thankfulness from this House for it for the last day I had share in it no man expressed more symbols of sorrow than I did After three days Adjournment the King desired me it might be Adjourned for a few days more whether was it then in his Majesty much less in me to Dissolve the House But the King sent for me to Whitehall and gave me a Message to the House and commanded me when I had delivered the Message forthwith to come to him and if a question was offered to be put he charged me upon my Allegiance I should put none I do not speak this as a thing I do now merit by but it is known to divers men and to some Gentlemen of this House All that I say is but to beseech you to consider what you would have done in this strait betwixt the King my Master and this Honourable House The Shipping business lieth heavy upon me I am far from justifying that my opinion if it be contrary to the Judgment of this House I submit I never knew of it at the first or ever advised any other I was made Chief Justice four days before the Writ went out for the Port I was sworn sixteen days after and the Writs Issued forth without my privity The King Commanded the then Chief Justice the now Chief Baron and my self to look on the Presidents and to certifie him our Opinions what we thought of it That if the whole Kingdom were in danger it was reasonable and fit to lay the Charge for the Defence of it upon the whole Kingdom and not upon the Port only And Commanded the then Chief Justice my self and the now Chief Baron to return him our Opinions Our Opinions were and we thought it agreeable to Law and Reason That if the whole were in danger the whole should contribute This was about Iune In Michaelmas following the King but by no Advice of mine Commanded me to go to all the Judges for their Opinions upon the Case and to Charge them upon their Allegiance to deliver their Opinions but this not as a binding opinion to themselves but that upon better consideration or reason they might alter but only for his Majesties satisfaction and that he must keep it to his own private use as I conceive the Judges are bound by their Oaths to do I protest I never used any promise or threats to any but did only leave it to the Law and so did his Majesty desire That no speech that way might move us to deliver any thing contrary to our Consciences There was no Judge that Subscribed needed sollicitations to it there were that Refused Hutton and Crook Crook made no doubt of this thing but of the introduction I am of opinion that when the whole Kingdom is in danger whereof the King is Iudge the danger is to born by the whole Kingdom When the King would have sent to Hutton for his Opinion the then Lord Keeper desired to let him alone and to leave him to himself That was all the ill office he did in that business February 26. upon command from his Majesty by the then Secretary of State the Judges did assemble in Sergeants-Inn where then that opinion was delivered and afterwards was inrolled in the Star-chamber and other Courts at which time I used the best arguments as I could where at that time Crook and Hutton differed in Opinion not of the thing but whether the King was sole Judge Fifteen months from the first they all Subscribed and it was Registred in the Star-chamber and other Courts The reason why Crook and Hutton Subscribed was because they were over-ruled by the greater number This was all I did till I came to my Argument in the Exchequer where I argued the Case I need not tell you what my Arguments were they are publick about the Town I delivered my self then as free as any that the King ought to Govern by the positive Laws of the kingdom and not alter but by consent of the Parliament and that if he made use of it as a Revenue or otherwise that this judgement could not hold him but never declared that money should be raised I heard you had some hard opinion of me about this secret business it was far from my business and occasions but in Mr. 〈…〉 absence I went to the Justice-seat when I came there I did both King and Commonwealth good service which I did with extream danger to my self and fortunes left it a thing as advantageous to the Commonwealth as any thing else I never went about to overthrow the Charter of the Forrest but held it a sacred thing and ought to be maintained both for the King and People Two Judges then were that held the King by the Common-law might make a Forrest where he would when I came to be Judge I declared my Opinion to the contrary that the King was restrained and had no power to make a Forrest but in his own Demesn lands I know that there is something laid upon me touching the Declaration that came out the last Parliament it is the King's affair and I am bound without his Licence not to disclose it but I hope I shall obtain leave of his Majesty and then I shall make it appear that in this thing I have not deserved your disfavours and will give good satisfaction in any thing I know that you are wise and that you will not strain things to the uttermost sence to hurt me God did not call David a man after his own heart because he had no failings but because his heart was right with God I conclude all this That if I must not live to serve you I desire I may dye in your good opinion and favour A Speech so franck and clear that it might have removed all suspition so pathetick that it might have melted cruelty into compassion so humbly and submissively managed that they could not but pity him who were resolved to destroy him weeping at the pronouncing of it and when it was over Hyena and Crocodile-like shedding tears and bloud in an instant that day Voting the Author a Traitor and without any regard to the honour of his place and trust the reverence of his years the strictness of his profession and life the many services he did that party of whom he was reckoned one and the many favours he received from them the extent of his charity and the exemplariness of his devotion employ their common Messengers to take
melius Gladiate Nomarcha Iust â— oculo tueris Iusta tuere manuâ— Arma stylo socias haeres utriusque minervae Iuridicum bellum bellica Iura facis Nata sit Astraeo Diva Astraea Gigante Hermarium fas est hanc habuisse Ducem Quis dubitare potest sub Duplo Alcide Trophaea Qui calamo cicures Qui Domat ense seras His Brother Dr. Litleton Master of the Temple a man indued with Prudence the Mistress of Graces without which they are useless to others and Humility the preserver of them without which they perish to a mans self who used to say that Ambition being the great principle that acts more or less in all men that Government was more or less happy that did more or less intend the imploying of Able-men to keep them from running out suitably to their ambition who being Sequestred of all paid yet out of his nothing for his Loyalty 100 l. as Sir Edward Litleton by Fisher Litleton and Francis Nevill Esq 1347 l. and Sir Thomas Litleton of Stake St. Mildbourgh Sal. with 180 l. per annum setled 307 l. besides a severe Imprisonment when he was taken at the surprize of Bewdley Sir Robert Heath of Cutsmore as I take it in Rutland a man of so great integrity giving for his Motto in his Rings when made Serjeant Term Mic. 7. Septimo Car. I. Lex regis vis regis that when it appeared to him that the people encroached too much upon their Soveraign he prosecuted them severely witness Sir Io. Eliot c. and others for their extravagancies in the Parliament 1628. as Sollicitor and Attorney General to King Iames and King Charles the I. when he doubted his Majesty was advised to press too much upon the subject he rather than go against his Conscience quitted his place of chief Justice of the Kings Bench Sept. 14. 10 Caroli pleading at the Bar in that Court where he had sate on the Bench until again the rare example of one playing an after-game of favour His Majesty made him one of the Justices of the Kings Bench 9 Dec. 16 Car. I. where he behaved himself with so much plain honesty that 1. A Lady commencing an unlikely Suit against her Husbands opinion and living in the Shire-Town invited Judge Heath to a great entertainment the very day her Cause was to be tryed after which immediately going to the Hall he gave sentence according to evidence and right against her whereupon she saying to her Husband that she would never invite Judge again was answered by him Never invite honest Iudge again 2. And Iohn Lilburne being tryed before him for his Rebellion when he had been taken at Brentford at Oxford made frequent use of his words at another tryal before them he had fought at London viz. God â—orbid Mr. Lilburne but you should have all the benefit the Law the Birth right of the Free-born Subjects of England can afford you Yet against both that Law and the Priviledges of an English subject which he so honestly maintained at home was he exempted out of pardon and forced to dye abroad Quo jure Criminoso Philopatris exularet Credendus ergo non est quia neminem Fefellit justitia ne putetur quae punit ipsa justum non ostracismus iste lex sed ruina legum Sir Robert Holborne a Gentleman of those good inclinations which flowing with good bloud rendred him in his first Addresses acceptable to the world wherein having before him the good example of his Learned Ancestors he attained to that exactness in Law as with the amiable accomplishments of his nature made it very easie for him to do well which is a mans main business to gain upon mens affections becoming with little labour and without thinking excellent by good precept and continual care correct his defects so as to gain a general esteem and a good opinion being sensible of Mr. Herberts Rule Slight not the smallest loss whether it be In love or honour take account 〈◊〉 Shine like the Sun in every Cornâ—r See Whether thy Stock or Credit swell or fall Who say I care not those I give for lost And to instruct them it will not quit the cost Being of the Long-Parliament he was unwilling to joyn with them in their Debates for War and retired to Oxford in the Treaty there at Vxbridge and the Isle of Wight to consult and offer those things that make for Peace for which he paid 300 l. when living at Covent-Garden being not admitted as were not any of the King followers to study at any the Inns of Courts upon their return home after the Wars Serjeant W. Glanvile born at Tavistoche in Devon shire a County happy that it beeds so many Lawyers but more happy that it hath little need of them having the fewest Suits and most Counsellors of any County in England a Gentleman that had so much deliberation and weight in every thing he spoke that he was heard with much respect in all the Parliaments whereof he was either Member or Speaker â—â—cering prudently and watchfully in all their weighty Consultations and Debates Collecting judiciously and readily the sense of that numerous Assembly propounding the same seasonably and in apt Questions for their final Resolutions and presenting their Conclusions and Declarations with Truth and Life Light and Lustre and full advantage upon all occasions as a man of an excellent Judgment Temper Spirit and Elocution till the last and long one when those men for whose Liberties of Voting he had argued formerly allowed him not the Liberty of his Vote when he urged that Law against them which he had when they were more moderate in their courses urged for them wherefore he retired with above half the sober Members of Parliament to Oxford where having discharged his Conscience he returned to London to suffer for 〈◊〉 He that suffered patiently Imprisonment on Ship-board for speaking his minde freely in some State-points against a boundless Prerogative 1626. suffered as quietly six several hard Imprisonments one of which was two years in the Tower for declaring himself as honestly in some Law-points against a Treasonable popularity till the good man true to his honest principles of Loyalty was against the will of the Lower-House who yet laid no charge against him Bailed by the Upper-House shining the brighter for being so long ecclipsed insomuch that when the ignorant Faction did not think him worthy to be a Common-Lawyer the Learned University of Oxford whereof he was a worthy Member chose him her Burgess in one of the Usurping times of the Pseudo-Parliament it was his honour that he was then chosen to represent an Vniversity in Parliament and it was his integrity that he was noâ— then admitted He suffered in the Cause of all English-men and pleaded the Cause of many of them particularly my Lord Cravens though banished and Sir Iohn Stawell though a Prisoner till the whole Nation became as free as his Soul He
dying 1660. a great enemy of Tobacco because of Sir Water Rawleighs testimony of it that he saw the Spanish Negroes throwing the running of their sores and boils in the leaves as they lay in a swet say Yâ— Pauperos Lutheranos good enough for the Dogs the Lutherans Sir Iohn Banks born at Keswicke and bred at Grays-Inn attaining to great experience by solliciting Suits for others and a great Estate by managing those of his own laughing at many at last that smiled at him at first leaving many behind him in Learning that he found before him in time He was one whom the Chollor of S S S worn by Judges and other Magistrates became very well if it had its name from Sanctus Simon Simplicius no man being more seriously pious none more singly honest When Sir Henry Savile came to Sir Edward Cooke then at Bowls in Arch-bishop Abbots behalf and told him he had a Case to propose to him Sir Edward answered if it be a Case in Common-Law I am unworthy to be a Judge if I cannot presently satisfie you but if it be a point of Statute-Law I am unworthy to be a Judge if I should undertake to satisfie you without consulting my Books Sir Iohn Banks though ready without his Books on the Bench yet alwayes resolved Cases out of them in his Chamber answerable to his saying to Dr. Sibbs A good Textuary is a good Lawyer as well as a good Divine A Gentleman he was of singular modesty of the Ancient freedom plain heartedness and integrity of minde very grave and severe in his deportment yet very affable in such sort that as Tacitus saith of Agrippa Illi quod est Rarissimum 〈◊〉 facilitâ—s authoritatem nec sâ—veritas amorem diminuit his knowledge in the Law and inward reason of it was very profound his experience in Affairs of State universal and well laid patient he was in hearing sparing but pertinent in speaking very glad always to have things represented truly and clearly and when it was otherwise able to discern through all pretences the real merit of a Cause Being a Religious and moderate man he became of good repute with the people and being an able man he was taken notice of by the King who Knighting him in August 10. Car. I. when Reader of Grays-Inn and the Princes Sollicitor made him in Mr. Noys place Attorney General and in Hil. Term 16 Car. I. Chief Justice in Sir Edward Litletons place in which place he continued at London till his presence being made an Argument for Illegal proceedings he went himself and drew several others he had interest in to Oxford His prudent and valiant Lady with her numerous and noble Off-spring retiring to her House Corfe-Castle in the Isle of Purbeck in Dorset-shire and when besieged there by Sir Will. Earl and Sir Tho. Trenchard who wanted this Castle only to make the Sea-Coast their own keeping it against three surprizes a Proclamation Interdicting her the common Markets the clamor of the common people thereabouts the intercepting of 200. weight of Powder strict Watches set about it a while with forty men yeâ— but five at first and then by the benefit of a Treaty wherein shâ— yeilded up the four small pieces to the Enemy on condition she might have her house and so making her adversaries more remiss gained an opportunity to re-inforce the Castle with Commanders Ammunition Provision and Souldiers who notwithstanding the endeavours to corrupt them with Bribes and the Plunder of the Castle notwithstanding the enemies taking the Town and Church the Oath to give no Quarter the Engines they made the Supplies of war sent in every day by the Earl of Warwick their encouraging the Souldiers first with mony twenty pound a man and afterwards with Drink and Opium to Scale the Walls in a desperate Assault kept it six weeks till August 4. 1643. when the Besiegers ran away leaving their Horse Armes Ammunition behind them the vallant Lady her self with her Daughters and Maidservants maintaining one Post in the Castle Captain Laurence Sir Edwards Son and Captain Bond keeping another Sir Iohn died December 28. 1644. and in the 55. year of his age having one Monument in Christ-Church P. M. S. Hoc loco in spem futuri saeculi depositum jacet Io. Bankes qui Reginalis Coll. in hac Acad. Alumnus eques Auratus ornatissimus Attornat Gener. de Com. Banco Cap. Justitiarius a Secretioribus Conciliis Regi Carolo Peritiam Integritaâ—em sidem Egregie praestitit ex aede Christi in Aedes Christi transiliit unicam hinc Monumento suo sub mortem vovens Periodum Non nobis Domine non nobis sed nomini tuo sit gloria And another 30 l. per annum with other emoluments to be bestowed in pious uses and chiefly to set up a Manufacture of course Cottons in the Town of Kiswick which hath good and is in hopes of better success besides that it cost his Lady and her nine Children for their Fathers Loyalty 1400 l. and her Son-in-law that married her eldest Daughter the excellent Lady Burlace Sir Io. Burlace of Maidmenham Bucks who suffered several imprisonments and decimations from the Kings enemies and was very civil upon all occasions to his friends 3500 l. Sir Bankes Son and Heir to Sir Io. 1974 l. Sir Thomas Gardner born as I am informed near Oxford bred in the Inner-Temple London A Gentleman that won much upon all men by a natural grace that was upon his person and actions and upon his Clients by his Integrity Condescention and Watchfulness Other Lawyers are for the increase of their own number he spent a great deal of his time to consider how to reduce them especially the Atturneys and Solicitors the supernumeraries whereof he would say make no other use of Laws but to finde tricks to evade them or making them right Cobwebs to insnare the people and the Law too being more for promoting good Orders to execute old Laws than for preferring â—ills to make new ones The Faction had no other quarrel with him than the Clowns had with Sir Iohn Cavendish in Wat Tyler and King Richarâ— the Seconds time because he was learned and honest for being made Recorder of London Term. Hil. 11 mo Car. I. they charged him 1. For directing the Lord in setting up the Kings Standard and impressing men against the Scots 2. For promoting Ship-money the Loan and Tonnage and Poundage 3. For prosecuting seditious Libellers Petitioners and Rioters And 4. For procuring his Majesty that noble entertainment 1641. upon his return from Scotland from the City to amuse the Parliament 5. For drawing and carrying on some more sober Petitions than were usual in those times whereupon he retired to York and thence to Oxford where he Sate in the Parliament assisted in the Treaties offering always three things 1. A Committee to state the differences 2. A particular consideration of those things wherein the people are to be relieved and the King
supported 3. A mutual Security against all future fears and jealousies For which services to his Country he was forced to quit it It is not fit we should forget Sir Thomas Gardner that was slain in Buckinghamshire 1643. and Captain Gardner that fell at Thame Cum res rediit ad trianos when three engaged in the Army Sir Robert Foster of the Temple made Serjeant and succeeding Sir R. Vernon as Pusney Judge of the Commons bench 15. Car. I. Term. Hil. as the King signified by Sir Io. Finch for the good opinion he conceived of him and the good report he heard concerning him discharging his place notwithstanding the disadvantage of succeeding so popular a man as Sir George Vernon was and the difficulty of pleasing at that time both Court and Country with great commendation those persons agreeing in a Sympathy for him that had an Antipathy each to other as he did after twenty years trouble the place of Chief Justice of the Kings bench 12. Car. II. in the place of Sir Thomas Millet a great sufferer I think that Sir Thomas Millot of Exon who with his Son paid at Goldsmiths-hall 871 and an excellent Justicer who by years and other infirmities was disabled from exercising that place though surviving two of his successors when it was time to preferr neither a Dunce nor a Drone but able and active men such as he was who could Fence as well at Law in his elder years as at Sword and Buckler in his younger The Land upon its wonderful settlement under his Majesty and the never to be forgotten disbanding of a twenty years standing Army swarming with people that had been Souldiers too proud to beg and too lazy to labour and having never gotten or quite forgotten all other Calling but that of Eating Drinking and Sleeping and it being hard for Peace to feed all the idle months bred in War Sir Roberts severity broke their knots presuming much on their Felonies otherwise not to be united with the Sword of Justice possessing his Majesty against the frequent granting of Pardons as prejudicial to Justice rendring Judges obnoxious to the contempt of insolent Malefactors so by the deserved death of some hundreds preserving the lives of and lively-hoods of more thousands He died 1663 4. Pearls are called Vnions because they are found one by one hardly two together not so here where Sir Robert Hyde Serjeant at Law since Ter. Trin. 16. Car. I. of the Middle-Temple and an able Pleader his Arguments shrewd in the several reports of his time succeeded him as well in his quality as office being as severe for executing the Laws witness his several checks given Justices the great observators of Law and Peace to whom he would urge that of King Iames in his Speech in the Star-chamber That he did respect a good Iustice of the Peace as he did those next his person as much as a Privy Counsellor as his predecessor was for executing Malefactors and as strict in bringing up ancient Habits and Customes both of the Inns of Courts and the Courts of Justice as in keeping up the ancient Justice and Integrity following Sir Nicholas Hyde I think his Fathers steps according to the observation that Lawyers seldome dye without a Will or an Heir who died 1631. as Sir Robert died 1665. Judge Foster and he dying suddainly if any do so that dye preparedly As did about the same time Serjeant Hodskins a very witty as well as a very judicious man an excellent Pleader as Thuanus his Father was Vt bonus a Calumniatoriobus tenuiores a potentioribus doctos ab Ignorantibus opprimi non pateretur As Judge Walter used to say when Baron Denham his associate in the Western Circuit would tell him My Lord you are not merry enough merry enough for a Iudge So Serjeant Hodskins when observed very pleasant for one of his years would reply As chearful as an honest man Henry Hodskins and Iohn Hodskins of Dors. paid for their Loyalty 571l The Serjeant changed his temper with his capacity most free as a private friend and most grave and reserved as a publick person David Ienkins upward of 58. years a Student in Grays-Inn near London of so much skill when a private and young man that my Lord Bicon would make use of his Collections in several Cases digesting them himself and of so much repute in his latter years that Atturney Noy Herbert and Bâ—nks would send the several Cases they were to Prosecute for his Majesty to be perused by him before they were to be produced in Court All the preferment he arrived at was to be Judge of South-Wales a place he never sought after nor paid for the Patent being sent him without his knowledge and confirmed to him without his charge in which capacity if Prerogative of his dear Master or the Power of his beloved Church came in his way stretching themselves beyond the Law he would retrench them though suffering several checks for the one and Excommunication for the other Notwithstanding that he heart of Oak hazarded his life for the just extent of both for being taken prisoner at the surprize of Hereford and for his notable Vindication of the Kings Party and Cause by those very Laws to the undeceiving of thousands that were pretended against them as the violators of the Law particularly for aiding the King 25. Edw. 3. ch 2. Hen. 7. for the Commission of Array 5. Hen. 4. for Archbishops Bishops c. Magna Charta c. for the Common-prayer Statutes Edw. 6. Queen Eliz. for the Militia 7. Edw. 1. against counterfeiting the Seal and the usurping of the Kings Forts Ports 25. Edw. 3. for the Kings Supremacy 1. King Iames 5. Queen Eliz. Cook 7. p. rep fol. 11. for the Kings dissent to Bills 2. Hen. 5. against tumults in Parliament 7. Edw. 2. against adhering to any State in the Realm but the Kings Majesty 3. Iames 23. Eliz. for imprisonment and dispossession only by Law Magna Charta c. 29. and the Petition of Right 3. Car. and for increasing the fewd between the Parliament and the Army and instilling successfully into the latter principles of Allegiance by shewing them that all the Parliamentary Ordinances for Indemnity and Arrears were but blinds for the present amounting not to Laws which they could trust to for the future without his Majesties concurrence whose Restauration he convinced them was their unavoidable interest as well as their indispensable duty carried first to the Chancery secondly to the Kings-bench and at last to the Bar of their House the authority of all which places he denied and though he and the Honorable Lewis Dives who hath done his Majesty admirable service in Bedfordshire Buckinghamshire and Dorsetshire and made a cleanly conveyance away from White-hall with Mr. Holben though through the Common-shore upon pretence of Easing themselves to the Thames and so beyond Sea where he continued with his Majesty during his banishment were designed