But that which could not be obtain'd by this checking of the Commons in the declining and last times of King Edw. 3. was in some part effected by the more vigorous prosecution of King Hen. 8. who to satisfie the desires of the Commons in this particular and repress their checkings obtained from the Clergy that they should neither make nor execute any Canons without his consent as before is said so that the Kings power of confirming Canons was grounded on the free and voluntary submission of the Clergy and was not built as the third Argument obâ—ecteth on to weak a foundation as the Popes making Canons by his sole power the Pope not making Canons here nor putting his Rescripts and Letters decretory in the place of Canons but only as a remedy for some present exigency So that the Kings power in this particular not being built upon the Popes as he said it was it may well stand That Kings may make Canons without consent of Parliament though he saith they cannot But whereas it is argued in the fourth place that the clause in the Statute of Submission in which it is said that the Clergy shall not make Canons without the Kings leave doth not imply that by his leave alone they may make them I cannot think that he delivered this for Law and much less for Logick For had this been looked on formerly as a piece of Law the Parliaments would have check'd at it at some time or other and been as sensible of the Kings encroachments in executing this power without them as antiently some of them had been about the disuse of the like general consent in the making of them Fol. 180. In the next place our Author tells us that Mr. Maynard endevoured also to prove that these Canons were against the Kings Prerogative the Rights Liberties and Properties of the Subject And he saith well thâ—t it was endevoured to be proved and endeavoured only nothing amounting to a proof being to be found in that which follows It had before been voted by the House of Commons that the Commons are against fundamental Laws of this Realm against the Kings Prerogative propâ—â—â— of the Subject the Right of Parliament and do tend to faction and sedition and it was fit that some endeavours should be used to make good the Vote But this being but a general charge requires a general answer only and it shall be this Before the Canons weâ—e subscribed they were imparted to the King by the Archbishop of Canterbury and by the King communicated to the Lords of the Councel who calling to them the assistance of the Judges and some of the Kings Councel learned in the Laws of this Realm caus'd the said Canons to be read and considered of the King being then present By all which upon due and mature deliberation the Canons were approv'd and being so approv'd were sent back to the Clergy in the Convocation and by them subscribed And certainly it had been strange that they should pass the approbation of the Judges and learned Lawyers had they contained any thing against the fundamental Laws of the Land the property of the Subject and the Rights of Parliament or been approv'd of by the Lords of his Majesties Conncel had any thing been contained in them derogatory to the Kings Prerogative or tending to Faction and Sedition So that the foundation being ill laid the superstructures and objections which are built upon it may be easily shaken and thrown down To the first therefore it is answered that nothing hath been more ordinary in all former times then for the Canons of the Church to inflict penalties on such as shall disobey them exemplified in the late Canons of 603. many of which extend not only unto Excommunication but even to Degradation and Irregularity for which see Can. 38. 113. c. To the second That there is nothing in those Canons which determineth or limiteth the Kings Authority but much that makes for and defendeth the Right of the Subject for which the Convocation might rather have expected thanks then censure from ensuing Parliaments To the third That when the Canon did declare the Government of Kings to be founded on the Law of Nature it was not to condemn all other Governments as being unlawful but to commend that of Kings as being the best Nor can it Logically be infer'd that because the Kingly Government is not received in all places that therefore it ought not so to be or that the Goveâ—nment by this Canon should be the same in all places and in all alike because some Kings do and may lawfully pâ—t with many of 〈◊〉 Rights for the good of their Subjectâ— which others do 〈◊〉 may as lawfully retain unto themselves â—o the fourth That the Doctrine of Non-Resistance is 〈…〉 the words of St. Paul Rom. 〈…〉 condemn the Canon in that behalf 〈…〉 Word of God upon which it is 〈…〉 fifth and last That the Statute 〈…〉 that the dayes there mâ—ntion◠〈…〉 dayes and no other relâ—tes only to the 〈…〉 some other Festivals whiâ—h had been formerly 〈…〉 in the Realm of England and not to the 〈…〉 Church from ordâ—ining any other Holy 〈…〉 causes in the times to come Assuredly 〈…〉 Lawyer would have spoke more home 〈…〉 could the cause have born it Floquentâ—m 〈…〉 in the Oraâ—oâ—s language And therefore 〈…〉 on the heads of the Arguments â—s our 〈…〉 them to us I must needs think that they were 〈◊〉 fitted to the sense of the House then they were 〈…〉 own What influence these arguments might have on the House of Peers when reported by the Bishop of 〈◊〉 I am not able to affirm But â—o far I 〈…〉 our Author that they lost neither 〈…〉 came from his moâ—th who as our Author sayes 〈◊〉 back friend to the Canons because made 〈…〉 and durance in the Tower A piece of 〈…〉 I did not look for The power of 〈…〉 thus shaken and endangered that of 〈…〉 and the Bishops Courts was not 〈…〉 one being taken away by Act of 〈…〉 other much weaâ—ened in the 〈…〉 a clause in that Act of which 〈…〉 Fol. 182. Mr. 〈…〉 should so supinely suffer themselves to be surprised in their power And well might Mr. Pim triumph as having gain'd the point he aim'd at in subverting the coercive power and consequently the whole exercise of Ecclesiastical Jâ—risdiction But he had no reason to impute it to the â—inger of God or to the carelesness of the Bishops in suffeâ—ing themselves to be so supinely surpris'd For first â—e Bishops saw too plainly that those general words by which they were disabled from inflicting any pain or penalty would be extended to Suspension Excommunication and other Ecclesiastical censures But secondly they saw withall that the stream was too strong for them to â—ive against most of the Lords being wrought on by the popular party in the House of Commons to pass the Bill Thirdly they were not without hope that when the Scots Aâ—my was disbanded
to that admittance He won the Kingdome by his sword and by that he kept It. 'T is true that the people did petition him for a Restitution of the Laws of Edward the Conâ—essor in which such an immunity from extraordinary Taxes might be granted to them But I cannot finde that either he or William Rufus who succeeded did ever part with so much of their powet as not to raise money on the Subject for their own occasions whensoever they pleased And it is true also that both King Hen. 1. and K. Steven who came to the Crown by unjust or disputable Titles did flatter the people when they first entred on the Throne with an hope of restoring the said Laws but I cannot finde that ever they were so good as their words nay I finde the contrary The first of our Kings which gave any life to those old Laws was King Hen. 2. the first granter of the Magna Charta which notwithstanding he kept not so exactly as to make it of any strength and consequence to binde his Heirs But the Commons having once tasted the sweetnesse of it and with the Lords in a long war against King Iohn from whom they extorted it by strong hand and had it confirmed unto them at a place called Running Mead near Stanes Anno 1215. Confirmed afterward in more peaceable times by King Hâ—n 3. in the Ninth year of hiâ— Reign But so that he and his Successors made bold with the Subject notwithstanding in these money matters till the Statute de Tallagio non concedendo was past by Edward of Carnarvon eldest Son to King Edward the third at such time as his Father was beyond the Seas in the war of Flanders which being disâ—llowed by the King at his coming home seems to have been taken off the File to the intent it might not passe for a Law for the time to come nor is it to be found now in the Records of the Tower amongst the Laws of that Kings time as are all the rest But from the generall position touching the hereditary freedom of the Eâ—glish subject from Taxes and Tallage not granted and confirmed by Parliament our Authour passeth to such Râ—tes and Impositions as are laid on Merchandize of which he telleth us that Ibid. Moâ—â—ly these upon Merchandise were taken by Parliament six â—r twelve per pound fâ—r time and years as they saw cause for defence of the Sea and afterwards they were granted to the King for life and so continued for divers descents Our Authour had before told us that the Merchant in â—ormer times usually gavâ— consent to such taxes but limited to a time tâ— the ratification of the next following Parliament to be cancelled â—r confirmed By which it seems that the Kings hands were so tied up that without the consent of the Merchant or Authority of the Parliament he could impose no tax upon â—ny Merchandise either exported or imported But cerâ—ainly whatever our Authour saies to the contrary the King might impose rates and taxes upon either by his sole prerogative not troubling the Parliâ—ment in it nor asking the leave of the Merchant whom it most concerned Which Taxes being accustomably paid had the name of Customes as the Officers which received them had the name of Customers Concerning which we finde no old Statute or Act of Parliament which did enable the King to receive them though some there be by which the King did binde himself to a lesser rate then formerly had been laid upon some commodities as appears by the Statute of the 14. of King Edward 3. where it is said that neither we nor our Heirs shall demand assesse nor take nor suffer to be taken more custome for a Sack of Wool of any English man but half a mark only And upon the Woolfels and Lether the old Custome And the Sack ought to contain 26. stone and every stone 14. pound By which it seems that there had been both Customes and old Customes too which the Kings of England had formerly imposed on those commodities now by the goodnesse of this King abated to a lesser summe and deduced to a certainty The like Customes the Kings of England also had upon forreign Commodities 〈◊〉 namely upon that of wine each Tun of Wine which lay before the Mast and behinde the Mast bâ—ing duâ— unto the King by Câ—stome receiv'd accordingly sic de câ—teris But being these old Customes were found insufficient in the times of open hostility betwixt uâ— and France both to mâ—intain the Kings Port and to enable him to guard the Seas and secure his Merchants a Subsidie of Tâ—nnage and Poundage impos'd at a certain rate on all sorts of Merchandize was granted â—â—rst by Act of Parliament to King Hen. 6. and afterward to King Edw. 4. in the 12. Year of his Reign and finally to all the Kings successively for term of life Never denied to any of them till the Coâ—mons begâ—n to think of lessening the Authority Royall in the first Yâ—ar of King Charles whom they had engaged in a War with the King of Spain and meâ—nâ—â—o make use of the advantage by holding him to hard meats till they had brought him to a necessity of yeelding to any thing which they pleased to ask For in the first Pâ—rliament of his Reign they past the Bill â—or one Year only which for that cause was rejected in the House of Lords In the 〈◊〉 Parliament they were too busie with the Duke to do any thing in it And in the first Session of the third theâ— drew up a Remonstrance against it as if the King by passâ—â—g 〈◊〉 Petition of Right had parted with his Interest in that Imposition Nor staid they there but in the â—umultuous end of the next Session they thundred out their Aâ—athema'sâ—ot â—ot only against such of the Kings Ministers as should act any thing in the levying of his Subsidie of Tunnage and Poundage but against all such as voluntarily should yield or pay thâ— same not being granted by Parliament as betrayers of the Liberties of England and enemies to this Common-wealth And though the King received it but not without some losse and difficulty from the first year of his Reign to the sixteenth current yet then the Commons being backt with a Scottish Army resolved that he should hold it not longer but as a Tenant at will and that but from three Moneths to three Moneths neither And then they past it with this clogge ' which the King as his case then stood knew not how to shake off viz. that it must be declared and enacted by the Kings Authority â—nd by the Authority of the Lords and Commons assembled in Parliament Thâ—t it is and hath been the ancient Right of the Subjects of this Realm that no Subsidy Custome Impost or other charge whatsoever ought or may be laid or imposed upon any Merchandise exported or imported by Subjects Denizenâ— or Aliens without common consent in Parliament As for the Imposition raised on
consent to the acting of any thing to take away his life By which it needs must follow if the Bill of Attainder was first passed or at the least in probability to be passed in the House of Peers before the King had given any such promise under his hand for the words are that the King had given him a promise under his hand never to passe that Bill Now that Bill was not taken into consideration in the House of Lords till Saturday the 24. of April in which considering their own danger and the little satisfaction they are able to give themselves M. St Iohn the Kings Sollicitor Generall was appointed by the House of Commons to open the Bill before their Lordships and to give them information in it which was done upon Thursday the nine and twentieth of the same Moneth On the next day some of the Lords began to stagger in their resolutions and to incline unto the Commons which moved the King to declare himself before both Houses on the first of May That he could not with a good Consciâ—nce condemn the Earl of High Treason which he must needs do if he passe that Bill and therefore hoped that they would not expect that from him which neither fear nor any other respect whatsoever should enforce him to Other assurance then this of not passing the Bill as the King never made the Earl so indeed he could not the Earl being a close Prisoner and so narrowly watcht especially after his Majesties said Declaration of the first of May that no such Paperâ—promise under the Kings hand could be sent unto him if either the King had thought it necessary to make any such promise or the Earl to seek it Adeo mendaciorum natura est ut coherere non possint as Lactantius hath it This point thus cleared and the King discharged from making any such promise under his hand there must some other way be found out to preserve the Earl by devising some means for his escape and to this plot the King must be made a party also our Authour telling us positively That Some Designe there was no doubt of delivering the Earl of Strafford by escape in order whereunto Sir William Balfour Lieutenant of the Tower must be commanded by the King to receive one Captain Billingsley with an hundred men to secure the place If so how durst Balfour refuse to yeeld obedience to the Kings command Marry forfooth because three good Women of Tower-street peeping into the Earls Gallery through the Key-hole could by the Spectacles of their eyes discern him talking with this Captain and by the Otocoâ—sticon of their ears could hear them talk of some Desigâ—e for this escape The Summe of their Discourse being this that a Ship of Captain Billingsleys Brothers should be in readinesse which was fallen down on purpose below in the River that they three might be there in twelve hours that if the Fort were but secur'd for three or four Moneths there would come aid enough and that there was nothing to be thought upon but an escape and much more broken speech to that purpose It seems the womens ears must be very long and the tongues both of the Earl and Billingsly must be very loud or else how could a practise of such a close and dangerous nature be so plainly heard Assuredly by the same means by which the Zealous Brother in More fields discovered a dangerous plot against the Parliament discoursed of by some who were passing by but he knows not who they were as he was sunning himself under an hedge Of whom as creditable an Authour as Sir William Balfour hath told me this That while he was contriving some Querpo-cut of Church-Government by the help of his out-lying ears and the Otocousticon of the Spirit â—e discovered such a Plot against the Parliament that Selden intends to combat Antiquity and maintain it was a Taylors Goose that preserved the Capitol But in good earnest I would fain know of our Author or of Sir William Balfour or of both together whether the three Good-Wives of Tower-street did hear these Passages in discourse by their eyes or their ears Not by their Eyes for the Eye is not the sense of hearing nor by their Ears for it is not said that they laid their Ears to the Key-hole but that they peeped thorow it And next I would fain know whâ—ther they peep'd or hearkned all at once or one after another If all at once the Key-hole must be wondrous wide as Heavenly-wide as Mopsus mouth in Sir Philip Sidney which could admit of three pair of hearing Eyes or of three single seeing Ears at one time together And if they peep'd or hearkned one after another they must needs have both very quick Wits and strong Comprehensions that could make up so much of a set Discourse from such broken Speeches though they within spake never so loudly Letting this pass therefore with a Risum teneatis Amici we have next a more serious discovery of this Design by the Conference which the Earl of Strafford had with Sir William Balfour offering him but four days before his death no less then Twenty thousand pounds and a Marriage of his Daughter to Balfours Son if he would assent to his Escape And for this also as well as for the tale of the three Good-Wives of Tower-Street and the command of admitting Billingsley with an hundred men to secure the Tower we must take Sir Williams bare word for he gave it not in upon his Oath in the House of Commons And what the bare word of a Scot a perfidious Scot and one that shortly after took up Arms against his Master will amount unto we all know too well Nor was the Earl so ignorant of the hatred which generally the Scotish Covenanters bare unto him or of the condition of this man particularly as to communicate any such design unto him had he been so unprepar'd for death as our Author makes him And so this second Romance of Sir William Balfour and the three Women Good-Wives of Tower Street being sent after that of the Bishop of Lincoln we leave the Earl of Straffords business and go on with our Author to some other Fol. 418. Then follows King Henry the fourth c. ofâ—larence â—larence Title to precede that of Mortimer That some of the Lords combined to depose this King I shall easily grant though not upon those grounds which our Author mingles with the Speech of one Mr. Thomas a Member of the House of Commons against the Bishops For though the Title of Clarence did precede that of the King yet was not the Kings Title derived from Mortimer the Title of Mortimer and Clarence being one and the same The Title of King Henry the fourth came by his Father Iohn Duke of Lancaster the fourth Son of King Edward the third the title of Mortimer came by Philip the sole Daughter and Heir of Lionel Duke of Clarence the third son of the said King Edward
c. Upon a sâ—ditious Sermon which he preached in that Church where contrary to his duty he had neglected to preach for seven years together before he was first questioned at Durham from whence he was called to the High Commission Court at Lond. and afterwardâ— at his own desire remitted to the same Court at York where being sentenced to recant and refusing so to do with great scorn he was at last upon his obstinacy degraded from his Ecclesiasticall Function and that Sentence was not long after judicially confirmed by Judge Damport at the publick Assises in Durham where he was by publick sentence also at the Common Law put out of his Prebend and his Benefices that he formerly held in that County Many years following he procured a large Maintenance for himself and his Family to the summ of 400 l. per ann more worth to him then his Chuâ—ch-profiâ—s ever were out of the peculiar Contributions at London and elsewhere gathered up for silenced Ministers But when the Parliament began in the year 1640 upon project and hope of getting more he preferred a Bill oâ— Complaint there against thirty severall persons at the least that is against the High Commissioners at London the same Commissioners and Prebends Residentiary at York the Dean and Chapter of Durham with diveâ—s others whereof I was but One though he was pleased to set my Name in the Front of them all From all these together he expected to recover and receive a greater summ of money for Money was his project pretending that he had lost by them no less then thirty thousand pounds though he was never known to be worth one After his Bill of Complaint was carried up by a Gentleman of the House of Commons to the House of Lords among the rest of those persons that were accused by him some for Superstition and some for Persecution I put in my full Answer upon Oath and declared the truth of the whole matter whereof Mr. Fuller taketh not any notice at all and therein dealeth most unfaithfully both with me and the Reader of his History for that Answer of mine is upon Record among the Rolls of Parliament and was justified before the Lords both by my self and by the very Witness that Mr. Smart and his Son-in-law produced there against me whereupon his own Lawyer Mr. Glover openly at the Bar of that honourable House forsook him and told him plainly that he was ashamed of his Complaint and could not in Conscience plead for him any longer Mr. Smart in the mean while crying out aloud and beseeching their Lordships to appoint him another Lawyer and to take care of his fourteen thousand pound damages besides other demands that he had to make which arose to a grâ—ater summ But after this which was the fifth day of pleading between uâ— the Case was heard no more concerning my particular and many of the Lords said openly that â—r Smarâ— had abused the House of Commons with a causâ—â—ess Complaint against me whereupon my Lord the Earl of Warwick was pleased to bring me an Order of â—he Lords House whereby I had liberty granted me to â—eturn unto my places of Charge in the University or â—lsewhere till they sent for me again which they never â—id The Answers that I gave in upon Oath and justified â—efore their Lordships were to this effect all contrary 〈◊〉 Mr. Fullers groundless reports 1. Tâ—at the Communion-Table in the Church of Durâ—am which in the Bill of Complaint and M. Fullers Hist. 〈◊〉 said to be the Marble Altar with Châ—rubins was not 〈◊〉 up by me but by the Dean and Chapter there 〈◊〉 of Mr. Smart himself was one many years beâ—â—re I bâ—came Prâ—â—endary of that Church or ever saw 〈◊〉 Country 2. That by the publick Accountâ— which are there â—â—gistred it did not appear to have cost above the tenth â—â—rt of what is pretended Appurtenanceâ— and all 3. That likewise the Copes used in that Church â—ere brought in thither long before my time and when â—r Smart thâ— Complainant was Prebâ—ndary there who â—â—so allowed his part as I was ready to prove by the 〈◊〉 Book of the money that they cost for they cost â—t little 4. That as I never approved the Picture of the Triâ—y or the Image of God the Father in the Figure of 〈◊〉 old Man or otherwise to be made or placed any â—â—ere at all So I was well assured that there were none â—â—ch nor to my knowledge or hear-say ever had been put upon any Cope that was used there among us One there was that had the Story of the Passion embroidered upon it but the Cope that I used to weare when at any time I attended the Communion-Service was of plain white Sattin only without any Embroidery upon it at all 5. That â—hat the Bill of Complaint called the Image of Christ with a blew Cap and a golden Beard Mr. Fullers History sayes it was red and that it was set upon one of the Copes was nothing else but the top of Bishop Haâ—fields Tomb set up in the Church under a siâ—e-Arch there two hundred years before I was born being a little Portraiture not appearing to be above ten Inches long and hardly discernable to the eye what Figure it is for it stands thirty Foot from the ground 6. That by the locall Statutes of that Church wherunâ—o Mr. Smart was sworn as well as my selfe the Treasurer was to give Order that the provision should every year be made of a sufficient number of Wax-lightâ— for the Service of the Quire during all the Winter time which Statute I observed when I was chosen into that Office and had order from the Dean and Chapter by Capâ—tular Act to do it yet upon the Communion Table they that used to light the Candles the Sacriâ—ts and the Virgers never set more then two fair Candleâ— with a few small Sizes neer to them which they put there of purpose that the people all about might have the better use of them for singing the Psalmes and reading the Lessons out of the Bibles But two hundred was a greater number then they used all the Church over either upon Candlemâ—s Night or any other and that there were no more sometimes many less lighted at that time then at the like Festivalls in Christmas-Holydaies when the people of the City came in greater company to the Church and therefore required a greater store of lights 7. That I never forbad nor any body else that I know the singing of the Meeter Psalms in the Church which I used to sing daily there my self with other company at Morning Prayer But upon Sundaies and Holy-daies in the Quire before the Sermon the Creed was sung and sung plainly for every one to understand as it is appointed in the Communion Book after the Sermon we sung a part of a Psalm or some other Antheme taken out of the Scripture and first signified to the people where they might find it 8. That so far
Commons in matters Doctrinally delivered without the least diminution of the Kings Authority in Ecclesiastical Causes there is nothing of the Presbyter or the Papist to be charged upon him as the Historian to create him the greater odium would fain have it to be Fol. 115. But how suddenly the Commons House 〈◊〉 upon the Lorâ—s liberties excluding the words the Lords Spiritual and Temporal in the very grant of the Bill of Subsidies c. And to say truth the Lords were but serv'd in their own kinde who having so unworthily joyn'd with the Commons in devesting the King from whom they deriv'd all their Honors of his just Prerogatives are now assaulted by those Commons and in danger of losing their own Rights which by the favor of the King or his Predecessors were conferr'd upon them which might have given them a sufficient warning but that there was a Spirit of Inâ—atuation over all the Land not to joyn with them any more in the like Designs against the King whose Authority could not be diminisht without the lessening of their own nor any Plot carried on toward his Destruction by which they would not be reduc'd to the same condition with the rest of the People But Quos Iupiter vult perdere dementat prâ—us so it prov'd with them Fol. 123. His body brought to York House and after sumptuously intombed at Westminster in St. Edwards Chappel The Church of Westminster was indeed founded by King 〈◊〉 the Confessour whom they called sometimes by the name of St. Edward the King 〈◊〉 that part of it that lies betwen the crosse Isle and the Chappel of King Henry 〈…〉 best known by the name of the Chappel of 〈◊〉 by reason of the many Kings and Queens which are there 〈◊〉 In a side Isle or inclosure whereof the Dukes body was Sumptuously interred with this glorious Epitaph which in honour of his invincible fidelity to his gracious Masters for I am otherwise a meer stranger to all his Selatious I shall here Subjoyn P. M. S. Vanae multitudinis improperium hic jacet Cujus tamen Hispania Prudentiam Gallia Fortitudinem Belgia Industriam Tota Europa mirata est Magnanimitatem Quem Daniae Sweciae Reges integerrimum Germaniae Transilvaniae Nassautiae Princip Ingenuum Veneta Reipublica Philobasileia Sahaudiae Lotharingiae Duces Politicum Palatinus Comes Fidelem Imperator Pacificum Turca Christianum Papa Protestantem Experti sunt Quem Anglia Archithalassum Cantabrigia Cancellarium Buckinghamia Ducem habuit Verùm siste viator quid ipsa Invidia Sugillare nequâ—t audi Hic est ille Calamitosae virtutis Buckinghamius Maritus redamatus Pater amaâ—s Filius obsequens Frater amicissimus Affinis Beneficus Amicus perpetuus Dominus Benignus Optimus omnium servus Quem Reges adamarunt optimates honorarunt Ecclesia deflevit Vulgus Oderunt Quem Iacobus Carolus Regum perspicacissimi intimum habuerunt A quibus Honoribus auctus negotiis onustus Fato succubuit Antequam par animo periculum invenit Quid jam Peregrine Aenigma mundi moritur Omnia fuit nec quidquam habuit Patriae parens hostis audiit Deliciae idem querela Parliamenti Quidum Papistis bellum infert insimulatur Papista Dum Protestantium partibus consulit Occiditur à Protestante Tesseram specta rerum humanarum At non est quòd serio triumphet malitia Interimere potuit laedere non potuit Scilicet has preces fundens expiravit Tuo ego sanguine potiar mi Iesu dum mali pascuntur meo Fol. 127. But the Religious Commons must reform Gods causâ— before the Kings nor would they be prescribed their Consultations but resolved to remit the Bill of Tunnage and Poundage at pleasure This is another new incroachment of the House of Commons that is to say the poasting off of the Kings businesse and the publick concernments of the State till they had either lessened his prerogative weakned the Authority of the Church or advanced the interest of the people Which resolution of not being prescribed their Consâ—ltations became at last so fixt amongst them that when the King had frequently recommended to them his Message of the 20. of Ianuary Anno 1641. So necessary for the setling of the peace of the Kingdome they returned answer at the last that it was an infringing of their Priviledges to be pâ—est with any such Directions Fol. 128. And King Iames commended them over to the Synod of Dort and there asserted by suffrage of those Doctors and were afterwards commended to the Convocation in Ireland Our Authour takes this Errour from the former Historian but takes no notice of the correction of it by the Observator though it â—ppears by his citation in the margin that he had consulted with those Observations in this very point And therefore I must let him know since otherwise he will not take notice of it that this is a strange Hysteron Proteron setting the Cart before the Horse as we use to phrase it The Convocation in Ireland by which the Articles of Lambeth were incorporated into the Articles of that Church was holden in the Year 1615. the Synod of Dort not held till three years after anno 1618. and therefore not to Dâ—rt first and to Ireland afterwards The like mistake in point of time we finde in our Authour fol. 134. where speaking of that wilde distemper which hapned in the House of Commons on the dissolving of the Parliament Anno 1628. he telleth us That the effects of those Malignities flew over Seas and infected the French Parliaments about this time where that King discontinued the Assemblies of the three Estates upon farre lesse Provocations Whereas he lets us know from the Observator within few lines after that those Assemblies of the three Estates in Francâ— were discontinued by King Lewis thâ— 13. and a new form of Assembly instituted in the place thereof Anno 1614. So that the malignity of those distempers which happened in the Parliament of England Anno 1628. could not about that time passe over the Seas and infect the French Parliaments which had been discontinued and dissolved 14. years before Fol. 133. This was ratiâ—ied by the Contract of this Nation which the Conquerour upon his admittance had declared and confirmed in the Laws which he published Our Author speaks this of an hereditary Freedom which is supposed to have been in the English Nation from paying any Tax or Tallage to the King but by Act of Parliament And I would fain learn so much of him as to direct me to some creditable Authour in which I may finde this pretended contract between the Norman Conquerour and the English Subject and in what Book of Statutes I may finde these Laws which were publisht by him to that purpose The Norman Conquerour knew his own strength too well to reign precariò to ground his Title on his admittance by the people or to make any such contract with them by which he might more easily win them
promise which the King is said to have made him of not consenting to his death The sum of the story is briefly this viz. That the King had promised the Earl of Strafford under his hand that his prerogative should savâ— him that he would never passe the Bill nor consent to the acting of any thing to take away his life that being satisfied in all other scruples he rested in this only affirming that in regard of this promise he could not passe the Bill though the Earl were guilty the Bishop of Lincoln finding him harping on that string assured him that he thought that the Earl was so great a Lover of his Majâ—sties peace so tender of his conscience and the Kingdoms safety that he would willingly acquit the King of that promise that though the King received this intimation with a brow of anger yet the said Bishop in pursuance of the Earls destruction sends a Message to him to that purpose by the Lieutenant of the Tower or some other person whom he found attending near the place that as the devil and he would have it the Earl received that intimation with great disdain saying that if that were all which bound the King he would soon release him and thereupon opening his Cabinet drew out that Paper in which the Kings promise was contained and gave it to the said Lieutenant or that other person but whether sealed or unsealed that he cannot tell by whom it was delivered to the Bishop of Lincoln and finally that the Bishop of Lincoln finding no other scruple to remain in the Kings Conscience but the respect he had to that promise he put the fatall paper into the Kings hands which as it seems gave a full end to the conference and the Kings perplexities This is the substance of the Legend and in all this there is nothing true but the names of the parties mentioned in it And first I would fain know from what Authour he received this fiction unlesse it were from say I and say some as his own words are that is to say either from himself or from some body else but he knew not whom Most certainly he had it not from any of the Bishops then present the Lord Primate affirming in the end of his first Narrative that neither he nor the rest of his Brethren knew what was contained in that Paper and no lesse certain it is that the Bishop of Lincoln was too wise to accuse himself of such a practise if he had been really guilty of it And then as for the thing it self no man of reason can imagine that the King would either make such a proviso to the Earl or that the Earl would so far distrust his own integrity as to take it of him If the Kings knowledge of his innocence of his signal merits and the declaration which he made in Parliament to the Lords and Commons that he could not passe the Bill with a good Conscience were not sufficient to preserve him there was no help to be expected from such Paper-promises Such a Romance as this we finde in Ibrahim the Illustrious Bassa who is said to have obtained the like promise from Solyman the Magnificent which notwithstanding the Mufti or Chief Priests of the Turks devised a way to discharge the Emperour of that promise and to obtain from him an unwilling consent to the Bassa's death as the Bishop of Lincoln is said to do for the Earl of Straffords Secondly There was no such scruple of conscience propounded to the Bishops in the morning conference as the obligation which that promise laid upon him there being no other question propounded at that time but whether he might in justice passe the Bill of Attainder against the Earl To which the Bishops gave their Answer when it was again renewed in the Evening as appears by the Lord Primates first Narrative that if upon the Allegations on either â—ide at the hearing whereof the King was present he did not conceive him guilty of the crime wherewith he was charged he could not in justice condemn him and by this answer it appears that no such scruple as the obligation of that Paper-promise had been before tendred to the Bishops Thirdly Admitting that the Bishop of Lincoln might be so bold as to make that overture to the King forgetting a release of that promise from the Earl of Strafford yet was he too carefull of himself too fearfull of the Kings everlasting displeasure to pursue that fatall project when he perceived his Majesty to entertain it with a brow of anger Fourthly Admitting this also that the Bishop was so thirsty of the Earls bloud as to neglect his own safety in pursuance of it yet cannot our Historian tell us whether that intimation were sent by the Lieutenant of the Tower or some other person And certainly as the Lieutenant of the Tower was not so obscure a person but that he might easily be known from another man so is it most improbable that he should go on such an errand without speciall order from the King or that the Earl should admit of such an intimation from any other who was like to run on the Bishops bidding but only from the Lieutenant himself Fifthly It cannot be beleeved that the Earl should fall into such a passion when the Tale was told him considering that he knew that by a Letter sent unto the King on the Tuesday before he had set the Kings Conscience at liberty most humbly beseeching him for the prevention of such mischief as might happen by his refusall to passe the Bill So that the passing of the Bill could be no News to him which he had reason to expect because it was a thing so much prest by his enemies and so humbly and affectionatelyâ— desired by himselfe Sixthly and finally Though our Historian make it doubtfull whether that Paper-promise were sent back sealed or unsealed yet no man can suspect the Earl to be so imprudent in his actions so carelesse of his own honour and so untrusty to the King in so great a secret as to send it open by which it must needs come first to the eyes of others before it came unto the Kings And if it were not sent unsealed how came our Authour to the knowledge that that paper contained the Kings promise as he saies it did But nothing more betrays the vanity and impossibility of this fiction then the circumstance in point of time in which this promise must be made which must needs fall between the passing of the Bill of Attainder and the Kings conference with the Bishops sent to him for the satisfaction of his Conscience by the Houses of Parliament Our Authour tels us that at the conference with the Bisâ—ops the King being satisfied in all other scruples started his last doubt If in his Conscience he could not passe the Bill although the Earl were guilty having promised under his hand that his prerogative should save him never to passe that Bill nor to
issued out of the Chancery which they still kept open But when it came to be debated in the House of Commons it was alledged by some sober men that the counterfeiting of the Great Seal was made High Treason by the Statute of the 25. of King Edward the third To which it was very learnedly replied by Sergeant Wilde that they intended not to counterfâ—t the Old Great Seal but to make a new one On which ridiculous Resolution of this Learned Sergeant whose great Ruff had as much Law in it as his little head the designe went forward but not with any such alteration in the Impresse as our Authour speaks of The Impresse of this New Seal was the same with that in the old the Feathers or Princes Arms being only added in a void place of it to Shew the difference between them that so their Followers might distiâ—guish beâ—ween such Commands as came from his Majesty and such as came immediatly from themselves in his Majesties Name But whereas our Authour speaks in some words fore-going of a Legislative Power which he conceives to be in the Parliament he shews himself therein to be no better a Lawyer then M. Serâ—cant The Legislative power was only in the King himself though legally he was restrained in the exercise of it to the consent of the Lords and Commons assembled in Parliament Fol. 623. lin l◠〈…〉 the one a Cripple the other somewhat like a Lunatick Our Authour speaks this of the Children of M. Iohn Hambden one of the five Members so much talked of the principal Member of the five as our Authour cals him but on what ground he speaks it as I do not know â—o neither is it worth enquiry And though I might leave the Children of M. Hambden under this reproach as an undoubted signe of Gods judgements on him for being a principall Incendiary in that fire which for a long time consumed the Kingdom yet so far do I preferre truth before private interesse that I shall do him that right in his postâ—â—ity which our Authour either out of ignorance easinesse of belief or malice hath been pleased to deny him And therefore the Reader is to know that the surviving children of that Gentleman are not only of an erect and comely stature but that they have in them all the abilities of wit and judgement wherewith their Father was endued though governed with a more moderate spirit and not so troublesomely active in affairs of state Fol. 626. The five and twentieth of August the Earls of Bedford and Holland went from London towards Oxford c. That the said two Eaâ—ls came to Oxford to tender their sâ—bmission to the King is a Truth undoubted sooner then our Authour speaks of but that they were received with favour and forgivenesse may be very well questioned not as in reference to forgivenesse which considering the Kings good nature may be â—asily granted but in relation unto Favour A point wherein our Authour hath confuted himself telling us fol. 639. of the Earl of Holland that he had but slender Reception though he put himself in a posture of Arms with the King in the Field And 〈◊〉 this slender Reception he complain'd in a Letter to the Loâ—d Iermâ—n after his departure wherein he did relate that the King did not shew so much countenance to him as he had seen hâ—m do at the same time to some Câ—mmon Souldiers who had fled from the Enemy to come to him There came to Oxford also at or about the same time the Earl of Clare and found the like cold entertainment It was conceived and by some reported that if the King had shewed good countenance to these three Lords most of the rest would have left the Parliament and repaired unto him But the King considered well enough that not so much the sense of their duty as his successes in the West had brought them thither and that if five or six only of the Lords should be left in Westminster those five or six only would be thought sufficient to constitute a House of Peers as many times there were no more present foâ— the passing of any Ordinance which the Commons should be pleased to commend unto them Fol. 630. And now was the King drawn down before the Town attended by Prince Charles and the Duke of York Prince Rupert and Generall Ruthen c. For the Kings sitting down before Glocester and laying a formal Siege unto it there was given this reason viz. that by the taking of this Town all Wales would be preserved in the Kings Obedience entirely united unto Eâ—gland and free passage given on all occasions and distresses to assist each other And so far the design was not to be discommended But on the contrary it was said that the Kings unhappy sitting down before that Town lost him the opportunity of marching directly towards London and â—â—attering the Faction in the Parliament both which by reason of the affrightments which fell upon them by the taking of Bristol and othâ—r places in the West were ready to give up themselves even to desperation And so much was affirmed by the Earl of Holland when he was at Oxford assuring Sir Iohn Heydon Lieutenant of the Ordinance from whose mouth I have it that the prevailing Members of both Houses were upon the point of trussing up of Bagge and Baggage but that they hoped as some of them told him that N. N. one of great nearnesse to the King an especiall confident of theirs would prevail with him at the last to lay siege to Glocester and not to leave that Town at his back to infest the Countrey Fol. 633. Two Spies sent out long since returned from Warwick giving them News of the March of the Earl of Essex but was not assured he lodging then â—nder a Cloud of disgrace being beaten out of the West But certainly the Earl of Essex could not be under a cloud at that time for being beaten out of the West his preparing to raise the Siege of Glocester happening in the end of August Anno 1643. and his being beaten in the West not happening till the beginning of September Anno 1644. But we must think the Houses were indued with the spirit of prophecy and frowned upon the man before-hand for that which was to happen to him a Twelve moneth after Nor was it any fault of his that Bristol Exceter and so many places of importance had been lost in the West he having no Forces able to act any thing against the King till the Pulpit-men in London preacht him up an Aâ—my for the Relief of Glocester An Army which came time enough to do the work the siege being very slackly followed and having done the work were as desirous to return back to their own Houses But see what hapned by the way Fol. 636. From Cirencester he marches to Chilleton the Cavaliers facing them on Mavarn Hills If so then First The Earl of Essex must be the Ianus of this Age
spoken vulgarly in the land of Canaan before the coming of Abraham thither is not affirmed by Brerewood only but by Scaliger Grotius Vossius Bochartus all of them men of great renown for their learned studies and by many others of this Age. By most of which it is affirmed also that the name of Hebrews was given unto them by the people of Canaan not in regard of their descent from Heber the father of Phaleg but from Abrahams passing over the River Euphrates when he came out of Chaldaea with his Family to dwell amongst them that name in the Canaanitish language signifying as much as trajiciens or transfluvialis and therefore not unfitly given by them to Abraham at his first coming thither And if the Hebrew as we now call it was that Holy Language which was spoken in Paradise continued by the Patriarchs before the Flood and after to the building of Babel it must needs seem infinitely strange that it should be reserv'd only amongst the Canaanites accursed in the person of Canaan their common Parent by his Grandfather Noah and so abominated by God for their filthy wickednesses that he resolv'd to spew them out of their Native Countrey as in fine he did Or if Abraham brought it with him also when he came into the Land of Canaan he must needs leave it behinde him also amongst the Chaldees where he was born and where his Ancestors had dwelt before their â—emoval unto Haran And yet we know that the Hebrew Tongâ—e was so different from the Chaldean that when the Iews retuâ—ned from the Captivity of Babylon where they had been accustomed to and bred up for the most part in the Chaldean Language they could not understand the very words of the Hebrew Text without an Interpreter as is apparent in the eighth Chapter of Nehemiah vers 7 8. But of this Argument enough let us now goe forward Fol. 69. As Pitseus a Catholick Writer would have it A Roman Catholick if you will but no Catholick Writer And much I wonder that an Author so averse from the Church of Rome should give the Title of Catholick to a stickler in the Romish Quarrell though others of less zeal and prudence do commonly but inconsiderately bestow it on them A Title which they take with joy and from thence suck unto themselves no small advantage Adeo probanda est Ecclesia â—ostra a nomine Catholici quod extorquet etiam ab invitis Haereticis as is bragged by Barclay But as Pope Gregory pleading against the Patriarch of â—â—â—stantinople who had then assum'd unto himself the name of Oecumenical Bishop advertiseth all the rest of that sacred Order Si ille est Universalis restat ut vos non sitis Episcopi so may I say with reference to the present case By gracifying these men with the name of Catholicks we doe unwittingly confess our selves to be no Christians or at least but Hereticks Fol. 76. Oxford lays claim to the Antiquities of Crekelade and Lechlade two ancient Schools of Greek and Latine as some would have it remov'd afterwards to Oxford c. The like we finde fol. 117. where our Author telleth us of two Towns or the banks of the Isis the one call'd Greekelade in which the Greek the other Lechlade or Latinlade in which the Latine Tongue was taught by Philosopherâ— Most miserably mistaken in both places For though Crekelade of Grekelade may import a study of Greek Philosophers as some are ready to believe yet ceâ—tainly Lechlade in no Language will signifie the like study of the Latine Tongue The Countrey people as it seems do better understand themselves then our Author doth Amongst whom there is a common Tradition that Crekelade was a University of Greek Philosophers Lechlade of Leches or Physitians as the name doth intimate and Latten a small Village betwixt both to be the place of study for the Latine tongue But though the people are mistaken in the Etymon of the name of Lechlade yet are they not so far out as our Author is in making Lechlade or Latinlade to be both the same place and of the same signification whereas in truth that Town is so denominated from the River Lech which arising in the Hils of Cotswold passeth first by Northlech from thence to Eastlech and finally falleth into the Thames neer Sâ— Iohns-bridge in this Parish of Lechlade As for the University of Oxford which from hence took beginning as our Author hath it and the Antiquity thereof I shall not meddle at the present though our Author forgetting the Subject which he was to write of takes all occasions to hook in every old Tradition though less probably grounded to justifie the seniority of the younger Sister Fol. 78. Deira whence say some Deirham or Durham lay betwixt Tees and Humber More out of this then in his Lechlade or Latinlade which before we had For first Durham is not so called quasi Deirham Our learned Antiquary gives us a better and more certain derivation of it The River saith he as though it purposed to make an Island compasseth almost on every side the chief City of this Province standing on a Hill whence the Saxons gave it the name of Dunholm For as you may gather out of Bede they called an Hill Dun and a River-Island Holme Hereof the Latine Writers have made Dunelmum the Normans Duresme but the common people most corruptly Durham But secondly which mars all the matter the Bishoprick of Durham was not in the Kingdom of Deira as being wholly situate on the North side of the Tees and consequently part of the Realm of Bernicia which makes our Author mistake in another place fol. 51. the more remarkable where speaking of the Kingdom of Deira he gives us this Comment in the Margin viz. What this day is the Bishoprick of Deirham or Durham But as long as some say so all is well though who those some are except our Author I can no where finde Only I finde that as it is held necessary for a Noâ—body to be in all great Houses to bear the blame of such mischances as by the carelesness of servants and inconsiderateness do too often happen so is it no less necessary that there should be a some-body also in all great undertakings to bear the blame of such mis-fortunes as our Adventurers at wit do as often meet with And such a some-body as this our Author hath found out to be the Father of another conceit of his concerning Teyburn that I may take in this also whilest it is in my minde of which he tells us lib. 4. fol. 168. That some have deduced the Etymologie of Teyburn from Ty and Burn because forsooth the Lord Cobham was there hang'd and burnt Whereas indeed it was so named from the Tey or Teybourn a small Brook passing neer unto it in the former times Which Brook or Bourn arising not far from Padington hath since been drawn into several Conduits for the use of the City Fol.
also I finde in the History of Cambridge about Dr. Baroâ— of whom our Author tels us thus Fol. 125. Hist. Cam. The end of Dr. Peter Baro the Margaret Professor his triennial Lectures began to draw neer C. And not long after the Vniversity intended to cut him off at the just joint when his three yâ—ars should be expired This shews our Author though well travelled in other Countries to be but peregrinus domi a stranger in his own University in which the Margaret Professor is not chosen for three years but for two years only And this appears plainly by the Statutes of that Foundation the precise words whereof are these viz. Et volumus insuper quod de caetero quolibet biennio ultimo die cessationis cujustibet termini ante magnam vacationem Vniversitatis praedictae una habilis apta idonea persona in lectorem lecturae praedictae pro uno biennio integro viz. a festo Nativitatis B. Mariae virginis tunc proximè sequente duntaxat durature eligatur fol. 105. in nigro cedice For this I am beholding to the Author of the Pamphlet called the Observator observed and thank him for it Which said we shall close up this ninth Book with some considerations on these following words which our Author very ingenuously hath laid before us viz. Fol. 233. If we look on the Non-conformists we shall finde all still and quiet who began now to repose themselves in a sad silence especially after the execution of Udal and Penry had so terrified them that though they might have secret dâ—signs we meet not their open and publick motions And to say truth it was high time for them to change their course in which they had so often been foil'd and worsted The learned works of Dr. Bilson after Bishop of Winchester in defence of the Episcopal Government of Dr. Cousins Dean of the Arches in mâ—intenance of the proceedings in â—ourts Ecclesiastical with the two Books of Dr. Bancroft the one discovering the absurdities of the Pretended holy Discipline the other their practices Positions to advance the same gave the first check to their proceedings at the push of pen. All which being publisht An. 1593. were seconded about two years after by the accurate well studied Works of Ric. Hooker then Master of the Temple and Prebend of Canterbury in which he so asserted the whole body of the English Liturgy laid such grounds to found her politie upon that he may justly be affirmed to have struck the last blow in this Quarrel But it was not so much the Arguments of these learned 〈◊〉 as the seasonable execution of some principal sticklers which occasioned the great calm both in Church and State not only for the rest of the Queens time but a long time after For besides that Cartright and some other of the principal and most active Leaders had been imprison'd and proceeded against in the Court of Starchamber the edge of the Statute 23 Eliz. c. 2. which before we spake of had made such terrible work amongst them that they durst no longer venture on their former courses Copping and Thacker hang'd at St. Edmondsbury in Suffolk Barrow and Greenwood executed at Tyburn and Penry at St. Thomas of Waterings Vdal Billot Studley and Bouler condemned to the same death though at last reprieved not to say any thing of Hackeâ— with Coppinger and Arthington his two Propheâ—s as more mad then the rest could not but teach them this sad lesson that 〈◊〉 is no safe dallying with fire nor jesting with edge tools But there are more wayes to the Wood then one and they had wit enough to cast about for some other way sâ—nce the first had fail'd them Hac non successit aliâ tentandum est 〈◊〉 had been learn't in vain if not reducible to practice So that it is no marvel if after this we finde them not in any publick and open motion when wearied with their former blusterings and terrified with the sad remembrâ—nce of such executions they betook themselves to secret and more dark designs Occultior Pompeius Caesare non mesior as it is in Tacitus Pompeys intentions were not less mischievous to the Common-wealth then Caesars were but more closely carried And bâ—cause closely carryed the more likely to have took effect had any but Caesar been the head of the opposite party The Fort that had been found impregnable by open batteries hath been took at last by undermining Nor ever were the Houses of Parliament more like to have been blown up with gunpowder then when the Candle which was to give fire to it was carried by 〈◊〉 in a dark 〈◊〉 Henceforward therefore we shall finde the Brethren 〈◊〉 anothâ—â— ward practising their party underhand working their business into a State-faction and never so dangerously carrying on the 〈◊〉 as when least observed Fill in the end when all preventions were let slip and the danger grown beyond prevention they brought their matters to that end which we shall finde too evidently in the end of this History To which before we can proceed we must look back upon a passage of another 〈◊〉 which without 〈◊〉 the coherencies of the former Observations could not be taken notice of and rectifed in its proper place and is this that followeth Fol. 179. Queen Elizabeth coming to the Crown senâ— for Abbot Fecknam to come to her whom the Messenger found setting of Elms in the Orchard of Westminster Abbey But he would not follow the messenger till first he had finished his Plantation â— The tale goes otherwise by Tradition then is here delivered and well it may For who did ever hear of my Elms in Westminster Orchard or to say truth of any Elms in any Orchard whatsoever of a late Plantation Elms are for Groves and Fields and Forests too cumbersom and over-spreading to be set in Orchards But the tale goes that Abbot Feckâ—anâ— being busied in planting Elms near his Garden wall in the place now 〈◊〉 the Deaâ—s-yard was encountred with one of his acquaintance saying My Lord you may very well save your labour the Bill for dissolving of your Monastery being just now passed To which the good old man unmoved returned this answer that he would go forwards howsoever in his plantation not doubting though it pleased not God to continue it in the state it was but that it would be kept and used as a 〈◊〉 of Learning for all times ensuing Which said our 〈◊〉 need not trouble himself with thinking how his 〈…〉 this day as he seems to do he knows where to finde them ANIMADVERSIONS ON The Tenth Book OF The Church History OF BRITAIN Containing the Reign of King James THE Puritan clamors being hush'd and the Papists giving themselves some hopes of better dayes afforded King Iames a quiet entrance to the Crown But scarce was he warm upon the Throne but the Puritans assaulted him with their Petitions and some of the Papists finding their hopes began to fail them turned
But I must needs say that I am not satisfied in the arguments which are brought to prove it Wilson in his unworthy History of the Reign of King Iames makeâ— him to be Eunuchus ab utero an Eunuch from his Mothers womb The Author of the Pamphlet called the Observator observed conceives that Wilson went too far in this expression and rather thinks that he contracted some impotency by falling on a stake when he was a Boy fol. 10. Our Author here seems to incline unto this last assuring us from such who knew the Privacies and casualtiâ—s of his infancy that this Archbishop was but one degree remov'd from a Misogynist though to palliate his infirmity to nâ—ble Females he was most compleat in his Courtly Addresses But first the falsity and frivolousness of these Deâ—ences leave the poor man under a worse suspicion then they â—ounâ— him in His manly countenance together with his masculine voyce shewed plainly that he was no Eunuch and the agreeableness of his conversation with the female Sex did as plainly shew that he was no Misogynist or woman-hater And secondly admitting these surmises to be true and real they rather serve to evidence his impotency then to prove his chastity it being no chastity in that man to abstain from women who either by casualty or by nature is disabled from such copulations The vertue of chastity consisteth rather in the integrity of the soul then the mutiâ—ation of the body and therefore more to be ascrib'd to those pious men Qui salvis â—oâ—lis foemiâ—am vident in Tertullians language then to the old Philosopher who put out his eyes to avoid temptations of that nature So that if this be all which they have to say for the Bishops chastity these Advocates had shewed more wisdom in saying nothing then speaking so little to the purpose Ibid. Envy it self cannot deny but that whither soever he went he might be traced by the foot-steps of his benefaction Amongst which benefactions it was none of the least that in both the Universities he had so many Pensioners more as it was commonly given out then all the Noble-men and Bishops in the Land together some of which receiv'd twenty Nobles some ten pounds and other twenty Marks per annum And yet it may be said without envy that none of all these Pensions came out of his own purse but were laid as Rent-charges upon such Benefices as were in his disposing either as Lord Keeper or Bishop of Lincoln and assign'd over to such Scholars in each University as applyed themselves to him And because I would not be thought to say this without Book I have both seen and had in my keeping till of late if I have it not still an Acquittance made unto a Minister in discharge of the payment of a Pension of twenty Nobles per annum to one who was then a Student in Christ-Church The names of the parties I forbear he that receiv'd it and he for whom it was receiv'd and perhaps he that paid it too being still alive And possible enough it is that this Pensioning of so many Scholars had not been past over in silence by our Author if he had not known the whole truth as well as the truth Ibid. Much he expended on the Repair of Westminster Abbey-Church c The Library at Westminster was the effect of his bounty This though it be true in part yet we cannot say of it that it is either the whole truth or nothing but the truth For the plain truth is that neither the charge of repairing that Church nor â—urnishing that Library came out of his own private Coffers but the Churches rents For at such time as he was made Lord Keeper of the great Seal he caused it to be signified unto the Prebendaries of that Church how inconvenient it would be both to him and them to keep up the Commons of the Colledge and gaind so farre upon them that they pass'd over to him all the rents of that Church upon condition that he should pay the annual pensions of the Prebendaries School-masters Quire-men and inferiour Officers and maintain the Commons of the Scholars The rest amounting to a great yearly value was left wholly to him upon his honourable word and promise to expend the same for the good and honour of that Church The surplusage of which expenses receiv'd by him for four years and upwards amounted unto more than had been laid out by him on the Church and Library as was offered to be proved before the Lords Commissioners at the visitation Anno. 1635. And as for the Library at St. Iohns it might possibly cost him more wit than money many books being dayly sent in to him upon the intimation of his purpose of founding the two Libraries by such as had either suits in Court or business in Chancery or any ways depended on him or expected any favours from him either as Bishop of Lincoln or Dean of Westminster Fol. 228. He hated Popery with a perfect hatred But Wiâ—son in his History of great Britain sings another song whether in tune or out of tune they can best tell who liv'd most neere those times and had opportunities to observe him There is a muâ—tering of some strange offer which he made to K. Iames at such time as the Prince was in Spain and the Court seemed in common apprehension to warp towards Popery which declared no such â—erfect hatred as our Author speaks of unto that Religion Nor was he coy of telling such whom he admitted unto privacies with him that in the time of his greatness at Court he was accounted for the Head of the Catholick Party not sparing to declare what free and frequent accesses he gave the principal Sticklers in that cause both Priests and Iesuits and the special services which he did them And it must be somewhat more than strange if all this be true that he should hate Popery with a perfect â—atred yet not more strange then that he should so stickle in the preferment of Dr. Theodore Price to the Arch-Bishoprick of Armagh in Ireland who died a profest Catholick reconciled to the Church of Rome as our Authour hath it fol. 226. But if there be no more truth in the Bishop of Lincolns hating Popery then in Dr. Prices dying a professâ—d Papist there is no credit to be given at all to that part of the Character Dr. Price though once a great Favourite of this Bishop and by him continued Sub-Dean of Westminster many years together was at the last suppos'd to be better affected to Bishop Laud than to Bishop Williams Bishop Laud having lately appeared a Suitor for him for the Bishoprick of St. Asoph And therefore that two Birds might be kild with the same bolt no sooner was Dr. Price deceased but the Bishop of Lincoln being then at Westminster cals the Prebendâ— together tels them that he had been with Mr. Sub-Deane before his death that he left him in very doubtful
Secondly he bought not the Dutchy of Gelders neither but possest himself of it by a mixt Title of Arms and Contract The first Contract made between Charls the Warlike Duke of Burgundy and Arnold of Egmond Duke of Gelders who in regard of the great Succors which he received from him when deprived and Imprisoned by his own ungracious son passed over his whole Estate to him for a little mony But this alienation being made unprofitable by the death of Charls the intrusion of Adolph the son of Arnold and the succession of Charls the son of Adolph this Emperor reviv'd the claim and prest Duke Charls so hotly on all sides with continual Wars that he was forc'd to yield it to him upon condition that he might enjoy it till his death which was afterwards granted Thirdly if he had any right to the Dukedom of William it accrued not to him by discent as King of Spain but as a â—ief forfeited to the Empire for want of Heirs male in the House of Sforsa which not being acknowledged by the French who pretended from the Heir General of the Galeazzo's he won it by his Sword and so disposed thereof to his Son and Successor King Philip the second and his Heirs by another right then that of Conquest The proceeding of the short Parliament and the surviving Convocation have been so fully spoken of in the Observations on the former History that nothing need be added here But the long Parliament which began in November following will afford us some new matter for these Advertisements not before observ'd And first we finde That Fol. 336. There came out an Order of the Commons House that all Projectors and unlawful Monopolists that have or had â—â—tely any benefit from Monopolies or countenanced or issued out any Warrants in favor of them c. shall be disabled to sit in the House A new piece of Authority which the Commons never exercised before and which they had no right to now but that they knew they were at this time in such a condition as to venture upon any new Incroachment without control For ancientlyâ— and legally the Commons had no power to exclude any of their Members from their place in Parliament either under colour of false elections or any other pretence whatsoever For it appears on good Record in the 28 year of Queen Elizabeth that the Commons in Parliament undertaking the examination of the chusing and returning of Knights of the Shire for the Counâ—y of Norfolk were by the Queen sharply reprehended for it that being as she sent them word a thing improper for them to deal in as belonging onely to the Office and Charge of the Lord Chancellor from whom the Writs issue and aâ—e returned And if they may not exclude their Members under colour of undue Elections and false Returns much less Authority have they to exclude any of them for acting by vertue of the Kings Letters Patents or doing any thing in order to his Majesties Service For if this power were once allowed them they might proceed in the next place to shut out all the Lords of the Privy Councel his Counsel learned in the Laws his Domestick Servants together with all such as hold any Offices by his Grant and Favor because forsooth having dependance on the King they could not be true unto the Interest of the Commonwealth And by this means they might so weed out one another that at the last they would leave none to sit amongst them but such as should be all ingag'd to drive on such projects as were laid before them But whereas our Author tells us in the following words that it was Ordered also That Mr. Speaker should issue out new Warrants for electing other Members in their places he makes the Commons guilty of a greater incroachment then indeed they were All that they did or could pretend to in this case was to give order to the Speaker that intimation might be given to his Majesty of the places vacant and to make humble suit unto him to issue out new Writs for new Elections to those places But the next Incroachment on the Kings Authority was far greater then this and comes next in order Fol. 360. The Bill for the Trienial Parliament having pâ—ssed both Houses was confirmed with the Kings Royal Assent Febr. 16. And then also he past the Bill of Subsidies fol. 361. The Subsidies here mentioned were intended for the relief of the Northern Counties opprest at once with two great Armies who not onely liv'd upon Free Quarter but raised divers sums of money also for their present necessities the one of them an Army of English rais'd by the King to right himself upon the Scots the other being an Army of Scots who invaded the Kingdom under colour of obtaining from the King what they had no right to So that the King was not to have a peny of that Money and yet the Commons would not suffer him to pass the one till he had before hand passed the other which the King for the relief of his poor Subjects was content to do and thereby put the power of calling Parliaments into the hands of Sheriffs and Constables in case he either would not or should not do it at each three years end But the nexâ— incroachment on the Power and Prerogative Royal was worse then this there being a way left for the King to reserve that Power by the timely calling of a Parliament and the dissolving of it too if called within a shorter time then that Act had limited But for the next sore which was his passing of the Bill of Tonnage and Poundage there was no Plaister to be found the King being for'd remember that the Commons had an Army of Scots at their devotion to pass away all his Right unto it before he could obtain it but for three Moneths onely as was said before In which Bill it is to be observ'd that as they depriv'd the King of his Right to Tonnage and Poundage so they began then to strike at the Bishops Rights to their Vote in Parliament For whereas generally in all former Acts the Lords Spiritual and Temporal were distinctly named in this that distinction was left out and the Bill drawn up in the name of the Lordâ— and Commons which being disputed by the Bishops as well fore-seeing what the Commons intended by it was notwithstanding carried for the Commons by the Temporal Lords who thereby made a way for their own exclusion when the Commons were grown as much too strong for them as they were for the Bishops The secular Lords knew well that the Lords Spiritual were to have the precedence and therefore gave them leave to go first out of the House that they themselves might follow after as they ought to do Proceed we next to the business of the Earl of Strafford aâ— whose Tryal our Author tells us That Fol. 376. The Earl of Arundel was made Lord High Steward and the Earl of
Lindsey Lord High Constable â— Our Author borrows this Error as he does some others from the former History and makes it worse by an addition of his own For first The Earl of Lindsey was not made High Constable upon this occasion nor did he act there in that capacityâ—â— He had been made High Constable to decide the difference between the Lord Rey and David Ramsey which being an extraordinary case was likely to be tried by battle But in this case there was no need of any such Officer the Triall being to be made by proofs and Evidences the verdict to be given by the Lords of Parliament and sentence to be pronounced by the Lord High Steward all â— things being to be carried and transacted in due form of Law Secondly The Court being broken up which was before the passing of the Bill of Attainder in the end of April the Office of Lord High Steward expired also with it And therefore when our Authour speaks of a Request which was made unto the King in Parliament that the Earl of Pembroke should be made Lord High Steward in the place of the Earl of Arundel then absent fol. 430. he either speaks of a Request which was never made or else mistakes the Lord Steward of the Kings houshold which place might possibly be desired for the Earl of Pembroke not long before turn'd out of the Office of Lord Chamberlain for the Lord High Steward of the Kingdome And now we are fallen on his mistakes touching these great Officers I shall adde another It being said in our Authours unfigured Sheets that the King having signed the Bill of Attainder sent Sir Dudly Carlton Secretary of State to acquaint him what he had finished An errour too grosse and palpable for our Authour to be guilty of considering his Acquaintances in the Court and relations to it which may perswade me to beleeve that these unfigured Sheets patcht in I know not how between fol. 408. and 409. should be none of his But whether they be his or not certain I am that there was no Secretary at this time but Sir Henry Vane Windebank being then in France and his place not filled with the Lord Falkland till the Christmas after Sir Dudly Carlton Lord Imbercourt and Vicount Dorchester was indeed Secretary for a while but he died upon Ashwednesday in the year 1631. which was more then nine years before the sending of this message and I perswade my self the King did not raise him from the grave as Samuel was once raised at the instance of Saul to go on that unpleasing errand Sir Dudly Carlton whom he means being Brothers son unto the former was at that time one â—f the Clerks of the Councel but never attained unto the place and honour of a principall Secretary Our Authour having brought the businesse of the Earl of Strafford toward a Conclusion diverts upon the Authour of the Observations on the former History to whom he had been so much beholden for many of the most materiall and judicious Notes in the former part of his Book and he chargeth thus Fol. 406. I conceive it convenient in more particular to clear two mistakes of our Authours concerning the Articles of Irâ—land and the death of the Earl of Strafford reflecting upon the late most Reverend Prelate the Archbishop of Armagh Primate of all Ireland whilest he was liuing and worse pursued since his decease somewhat too sharp also upon D. Bernard What Fee or Salary our Authour hath for this undertaking I am noâ— able to determine but if he be not well paid by them I am sure he hath been well paid by another who in his Answer to D. Bernards Book entituled The â—udgement of the late Primate of Ireland Ac. hath fully justified the Observator against all the exceptions which either our Authour or D. Bernard or the Lord Primate himself have made against him in these two points Which being extrinsecall as to the matter of this History shall not be repeated the Reader being desired if he want any further satisfaction to look for it there All I shall here observe is this that our Authour grounds himself in his whole Discourse of that businesse upon somewhat which he had in writing under the hand of the said Lord Primate and more which he hath took verbatim out of the said Book of D. Bernards who being both parties to the Suit ought not to be admitted for Witnesses in their own behalf And yet our Authour having driven the matter to as good a conclusion as he could from such faulty Premises conceives an hope that by the â—ight of those Testimonies he will be of more moderation notwithstanding he hath there shewn much disaffection to the Primate in endeavouring to his utmost to evade divers of those particulars either in giving the worst sense of them or turning them to other ends But as I can sufficiently clear the Observator from bearing any disaffection to the Lord Primates person and the equal Reader may defend him from the imputation of giving the worst sense of any thing which he found in the Pamphlet called The Observator observed or turning it to other ends then was there intended so am I no more satisfied by this tedious nothing touching the Articles of Ireland or the death of the Earl of Strafford as they reflect upon the Archbishop of Armagh then I was before As little am I satisfied with the following passage in the last Folio of the unfigured Sheets viz. That D. Iuxon Bishop of London resigned his Office of Treasurer of England into the hands of five Commissioners more sufficient then he could be Our Authour might have spared these last words of disparagement and diminution and yet have left his Proposition full and perfect But taking them as they come before me I must first tell him that the Lord Bishop of London resigned not his Office of Treasurer into the hands of any Commissioners but only into the hands of the King who not knowing at the present how to dispose of it for his best advantage appointed some Commissioners under the great Seal of England to discharge the same And next I would have him tell me what great sufficiency he found in those Commissioners which was not to be found in the Bishop of London how many of his debts they paid what improvement they made of his Revenue what stock of money they put him into toward the maintaining of the Warre which not long after followed In all which particulars the Bishop of London had very faithfully performed his part though not as to the Warre of England to the great honour of the King and content of the Subject But to look back upon some passages in the businesâ—e of the Earl of Strafford which are not toucht at by the Observator or his alteridâ—m the first we meet with is a very pretty devise of the Bishop of Lincoln to cheat the poor Gentleman of his head by getting a return of the
against their King had in the Court two Lords High Stewards and two Grooms of the Stool successively one after another And at their taking up of Arms they had a Master of the Horse a Captain of the Guard a Keeper of the privy Purse seven Grooms of eight in his Majesties Bed-Chamber and an equal number at the least of Gentlemen Ushers Quarter-Waiters Cup-Bearers Carvers Sewers and other Officers attending daily at the Table I speak not here of those which had places in the Stables or below the Stairs or of the Servants of those Lords and Gentlemen which either lived about the Court or had Offices in it All which together made up so considerable a number that the Court might well be called an Academy of the Scots Nation in which so many of all sorts had their Breeding Maintenance and Preferment Abroad they had a Lieutenant of the Tower a Fortress of the most consequence in all the Kingdom and a Master-â—unner of the Navy an Office of as great a trust as the other and more of those Monopolies Suits and Patents which were conceiv'd to be most grievous to the Subject then all the English of the Court. In the Church they had two Deanries divers Prebendaries and so many Excclesiastical Benefices as equalled all the Revenue of the Kirk of Scotland All which they lost like Aesops Dog catching after a shadow For what else were those empty hopes of ingrossing to themselves all the Bishops Lands and participating equally with both Houses in the Government of this Kingdom which drew them into England the second time but an airy shadow And yet by catching at that shadow they lost all those Advantages which before they had both in Court and Countrey and that not onely for the present but in all probability for the times to come The Presbyterians laid their Heads and Hands together to embroil the Realm out of a confidence that having alienated the greatest part of the Tribes from the House of David they might advance the golden Calves fo their Presbyteries in Dan and Bethel and all other places whatsoever within this Land And for the maintenance thereof they had devoured in conceit all Chapter Lands and parcelled them amongst themselves into Augmentations But no sooner had they driven this Bargain but a Vote passed for selling those Lands towards the payment of the Debts of the Commonwealth Nor have they lived to see their dear Presbytery setled or their Lay-Elders entertained in any one Parish of the Kingdom for the advancement whereof the Scots were first incouraged to begin at home and afterwards to pursue their work by invading England Others there were who labored for nothng more then the raising of a New Commonwealth out of the Ruins of the old Monarchy which Plot had been a carrying on from the first coming of this King to the Crown till they had gotten him into their hands these being like the Husbandmen in Saint Matthews Gospel who said among themselves this is the Heir come let us kill him and let us seize on his Inheritance Matth. 21. 38. A Commonwealth which they had so modelled in their Brains that neither Sir Thomas Moors Vtopia nor the Lord Verulams new Atlantis nor Plato's Platform nor any of the old Idaeas were equal to it the Honors and Offices whereof they had distributed amongst themselves and their own Dependents And in pursuance of this project they had no sooner brought the King to the end they aimed at but they pass an Act for so they called it prohibiting the Proclaiming of any Person to be King of England c. That done they passed another for the abolishing the Kingly Office in England c. dated the 17 of March One thousand six hundred forty eight A third for declaring and a constituting the People of England to be a Commonwealth and Free State dated May 19. 1649 which last they solemnly proclaimed by their Heralds and Serjeants in the most frequented parts of London and made themselves a new Great Seal with the Arms and Impress of their new Commonwealth ingraven on it And yet these men that had the purse of all the Kingdom at command and Armies raised for defence of their Authority within the space of six years were turned out of all And this was done so easily and with so little noise that the loss of that exorbitant Power did not cost so much as a broken Head or a Bloody Nose in purchasing whereof they had wasted so many Millions of Treasure and more then an Hundred thousand Lives So that all reckonings being cast up it will appear that all were losers by the Bargain as it happens commonly to such men as love to traffick in the buying and selling of prohibited Commodities and thereby make themselves obnoxious to all such forfeitures as the severity of the Laws and the King Displeasure shall impose upon them How he was carried by those Commissioners to Holdenbyâ—House â—House and from thence by a party of Horse to the Head-Quarters of the Army our Author hath inform'd us in the course of this History But being there he tells us that he was permitted to give a meeting to his Children Fol. 995. And accordingly they met at Maidstone where they dined together Well boul'd Vincent as our Authour knows who says in another place He gives us the Copy of a Letter in the very same fol. from the King to the Duke of York dated at Casam Iuly 4. 1647. in which he declares his hope that the Duke might be permitted with his Brother and Sister to come to some place betwixt that and London where he might see them adding withal that rather then hâ— might not see them he would be content they should come to some convenient place to dine and go back at night So then the place for this joyful meeting must be some convenient Town or other betwixt Casam and London But Casam is a Village of Berkshire distant about thirty Miles from London Westward and Maidstone one of the chief Townâ— of Kent is distant about thirty Miles from London towards the East so that London may be truly said to be in the middle betwixt Maidstone and Casam but Maidstone by no means to be in any position betwixt Casam and London Perhaps our Author in this place mistakes Maidstone for Madenhith from Reading ten and from London two and twenty miles distant and then he may do well to mend it in his second Edition And then he may correct also another passage about Judge Ienkins whom fol. 836. he makes to be taken Prisoner in the City of Hereford and fol. 976. at Castle in Wales So strangely does he forget himself that one might think this History had several Authors and was not written nor digested by any one man Fol. 96â— Nay did not Heraclius the Greek Emperor call for aid of theâ— Râ—ke-hell rabble of Scythians to assist him against the Saracens â— I believe he did not For as I remember not to
He tells me indifinitely of my Helpers page 5. of the charitable Collections of my numerous Helpers pag. 23. Helpers import a plural number and numerous Helpers signifie a multitude and who can stand against so many when they joyn together But I would not have my Squire affright himself with these needless terrors my helpers are but few in number though many in vertue and effect for though I cannot say that I have many helpers yet I cannot but confess in all humble gratitude that I have one great Helper which is instar omnium even the Lord my God Aurilium meum a domino my help cometh even from the Lord which hath made heaven and earth as the Psalmist hath it And I can say with the like humble acknowledgements of Gods mercies to me as Iacob did when he was askt about the quick dispatch which he had made in preparing savery meat for his aged Father Voluntas Dei suit ut tam citoâ— occurreâ—et mihi quod volebam Gen. 27. 20. It is Gods goodness and his onely that I am able to do what I do And as for any humane helpers as the French Courâ—iers use to say of King Lewis the XI That all his Councel rid upon one Horse because he relyed upon his own Judgement and Abilities onely So may I very truly say That one poor Hackney-horse will carry all my Helpers used be they never so numeâ—ous The greatest help which I have had since it pleased God to make my own â—ight unuseful to me as to writing and reading hath come from one whom I had entertained for my Clerk or Amanuensis who though he reasonably well understood both Greek and Latine yet had he no further Education in the way of Learning then what he brought with him from the School A poor Countrey School And though I have no other helps at the present but a raw young fellow who knows no Greek and understands but little Latine yet I doubt not but I shall be able to do as much reason to my Squire as he hath reason to expect at my hands My stock of Learning though but small hath been so well husbaâ—ded that I am still able to winde and turn it to the vindication of the truthâ— never reputed such a Banckrupt till I was made such by my Squire as to need such a charitable Collection to set me up again as is by him ascribed to my numerous helpers Thus singly armed and simply seconded I proceed to the examination of those personal charges which defect he is pleased to lay upon me and first he tells us how gladly Dr. Heylyn would take occasion to assume fresh credit of copeing with â—he deceased now at rest whom he hath endeavored to disturb even the most Râ—verend Name and living Fame of that approved Learned Prelate the late Arch-Bishop of Armagh Primate of all Ireland pag. 5. And still he might have been at rest without any dâ—sturbance either unto his Reverend Name or Living Fame if Dr. Barnâ—â—d first and afterwards Squire Sanderson had not rated him out of his Grave and brought him back upon the Stage from which he had made his Exit with so many Plaudites And being brought back upon the Stage hath given occasion to much discourse about his advising or not advising the King to consent unto the Earl of Straâ—â—ords death and his distinction of a personal and political conscience either to prepare the King to give way unto it or to confirm him in the justice and necessity of it when the deed was done Both these have been severally charged on the Observator by Dr. Barnard and his Partakers Pag. 18. and both of them severally disclaimed by him both in the Book called the Observator rescued pag. 296 297 349. and in the Appendix to the Book called Respondâ— Petrus c. p. 143 144 and 152. Nay so far was the Obseâ—vator of his alâ—er idem from disturbing the reverend Name living Fame of that learned Prelate that in the Book called Extraâ—eâ—s vâ—pulans he declares himself unwilling to revive that question Whether the Lord Primate had any sharp tooth against the Lord Lieutenant or not in regard the parties were both dead and all displeasures buried in the same grave with them page 292. And in the Book called Respondit Petrus he affirms expresly That having laid the Lord Primate down again in the Bed of Peace he would not raise him from it by a new disturbance and that having laid aside that invidious argument he was resolved upon no provocation whatsoever to take it up again pag. 124. Had not this promise tyed me up I could have made such use of these provocations as to have told the Doctor and his Squire to boot that the Lord Primate did advise the King to sign that destructive Bill by which that Fountain of Blood was opened which hath never been fully shut up again since that ebolishion for which I have my Author ready and my witness too And as for the distinction of a political and a personal conscience ascribed to the Lord Primate by the Author of the Vocal Forest as Mr. Sanderson in his History saith nothing to acquit him of it so neither doth the Squire affect to act any thing in it if he speaks sence enough to be understood in this Post-Haste Pamphlet for having told us that Petrus fancied him to act for Dr. Barnard in acquitting the Lord Primate from the distinction of a poliâ—ical and a personal conscience page 18. he adds That it is confessed by himself the self-same Peâ—rus to have been done to his hand by Mr. Howels attestation of his History who was concerned in those words In which passage if there be any sence in it it must needs be this that it appeareth by the attestation which Iames Howell gave unto his History that he had acted nothing toward the discharge of the Lord Primate from the fatall distinction which D. Bernard had ascribed in his Funerall Sermon to the Vocall Forrest So that the Respondent may conclude as before he did pag. 144. of the said Appendix that as well the errour of that distinction as the fatall application of it must be left at the Lord Primâ—teâ— door as neither being removed by D. Bernard himself or by any of his undertakers The next Charge hath relation to the Lord Primate also in reference to the Articles of the Church of Ireland which he will by no means grant to be abrogated anâ— those of England setled inserted in his own word in the place thereof How so Because the Respondent hath prevented any further confirmation of either by his own confessing of his being too much â—â—edulous in beleeving and inconsiderate in publishing such mist then intelligence which are his own words fol. 87. And his own words they are indeed but neither spoken nor applied as the Squire would have it who must be thought to be in very great Post-haste when he read them over For