habentium ac non habentium longe munificentissimus Siste manum siste ne premat Te virtus nimia totum enim Te figis atque insumis emolumento nostro Nullus 〈◊〉 Filius sic Matrem sugendo exhausit ac Te Patrem filia Academia 〈◊〉 nunc dicas quae suit Mater cum eam ex ruinis regenitam lautiori Fronte perpoliveris Ore novo mox loqui docueris Nos itaque licet nondum Sermone Arabico Donum enim hoc vestrum est certe gentium omni genere pectore gratias conceptissime recumulamus semperque retinebimus sub linguis omnibus unam animi devotissimi Effigiem E Dome nostrae Congregat ionis Aug. 10 1636. Sanctitatis vestrae humillima Cultrix Oxon. Acad. THis year his Majesty and the Queen invited themselves to me to Oxford and brought with them Charles Prince Elector Palatine and his Brother Prince Rupert being both then in England They came into Oxford at the end of this Summer's Progress on Munday August 29. The Vice-Chancellour made a very good Speech unto them where my self and the University met them which was a mile before they entred the Town That Speech ended they passed along by St. John's where Mr. Tho. Atkinson made another Speech unto them very brief and very much approved of by his Majesty afterwards to me Within Christ-Church Gate Mr. William Strode the University Orator entertained them with another Speech which was well approved Thence the King accompanied his Queen to her Lodging and instantly returned and went with all the Lords to the Cathedral There after his Private Devotions ended at the West Door Dr. Morris one of the Prebendaries entertained him with another short Speech which was well liked And thence hisMajesty proceeded into the Quire and heard Service After Supper they were entertained with a Play at Christ-Church which was very well penn'd but yet did not take the Court so well The next day being Tuesday the King came to Service soon after 8 in the Morning It was at Christ-Church and Mr. Thomas Brown being then Proctor made an excellent Sermon which gave great Content The Sermon ended The Prince Elector and his Brother Prince Rupert attended by many of the Lords came to the Convocation-House where the Place was full of University-Men all in their Forms and Habits very orderly And the two Princes with divers Lords were pleased to be made Masters of Art and the two Princes Names were by his Majesty's leave entred in St. John's College to do that House that Honour for my sake In Convocation the Vice-Chancellour having first placed the Princes and briefly exprest the cause of that Convocation I made a short Speech which here follows in haec verba Florentes Academici hoc tempore florentissimi quibus Caroli Regis Pientissimi Prudentissimi simulque Mariae 〈◊〉 Heroinae Consortis suae charissimae praesentiâ frui datur Nec eâ solum sed praesentiâ eximiae spei Principum Nepotum M. Jacobi Sacratissimoe Memoriae Monarchae de Academia Literatisque omnibus optimè meriti Principes hi sunt hoc Titulo suo omni honoris genere dignissimi Vos eos omni quo 〈◊〉 prosequimini Quid expectatis ultrà Academici An ut ego Oraetorio in hoc Senatu fungar munere At illud memoria curis simul annis fracta lingua per se inculta desuetudine loquendi 〈◊〉 praesens 〈◊〉 quod ad alia festinat omnino Prohibent Nec Principes hi Preceresve illud à me expectant Cui aliud satis jam incumbit negotium qui illis 〈◊〉 in omnibus sum pollicitus Breviter itaq quod ad vos attinet Principes non Ortu magis quà m Virtutibus illustres Non expectat à vobis Academia ut possitis totam Entis prosunditatem exhaurire ut sic sitis Artium Magistri sed liceat dicere Freta aetatis vestrae nondum transiistis AEstus jam urgent juveniles Hos discite superare fluctus procellas has in auras redigere omnium insimul Artium Magistrieritis quid ni fortunoe Atque utinam nostrae potestatis esset coecoe illi Deoe oculos dare quibus virtutes vestras cerneret agnosceret jura Et vos etiam Proceres Principum horum Cultores convocata hac Academia exultat videre non solum conferre gradus suos in vos gestit quos omni honoris cultu veneratur sed potiùs eos conferendo honorem summum gradibus suis quaerit quod placeat Principibus hisce vobisq Pannis suis nam 〈◊〉 in purpura est inaugurari Floreat sic soepius Academia Nativis simul Adoptivis Filiis gaudeat Egregie Vice Cancellarie ad Creationem Admissionem simul pro Officio tuo descende AFter this the Vice-Chancellour proceeded made another short Speech and after Creation and Admission of the Princes and and other Honourable Persons ended the Convocation That finisht they all returned to Christ-Church to attend upon the King the Princes having formerly in the Morning seen some of the fair Colleges Then the Queen being not ready the King with the Princes and the Nobles my self also waiting upon him went to the Library where the King viewed the New Buildings and the Books and was entertained with a very neat Speech made by the Son of the Earl of Pembrook and Montgomery then Lord Chamberlain Then word was brought up that the Queen was come So the King went into the 〈◊〉 to her and they went away to St. John's to dinner the Princes and Nobles attending them When they were come to St. John's they first viewed the New-Building and that done I attended them up the Library Stairs where so soon as they began to ascend the Musick began and they had a fine short Song fitted for them as they ascended the Stairs In the Library they were Welcomed to the College with a short Speech made by one of the Fellows And Dinner being ready they passed from the old into the new Library built by my self where the King the Queen and the Prince Elector dined at one Table which stood cross at the upper end And Prince Rupert with all the Lords and Ladies present which were very many dined at a long Table in the same Room All other several Tables to the number of 13 besides these two were disposed in several Chambers of the College and had several Men appointed to attend them and I thank God I had that happiness that all things were in very good order and that no man went out at the Gates Courtier or other but content which was a Happiness quite beyond Expectation When Dinner was ended I attended the King and the Queen together with the Nobles into several withdrawing Chambers where they entertained themselves for the space of an hour And in the mean time I caused the Windows of the Hall to be shut the Candles lighted and all things made ready for the Play
Buyer and the Seller which said Office hath of late times been discontinued By reason whereof as we are certainly informed divers Citizens of the City of Oxon. inhabiting in or near the said Corn-Market have of their own will without any approbation of us or our Vice-Chancellour taken upon them to keep and set forth on Market days publick Bushels and Measures for the measuring of Corn and Grain and take Toll for the same without stint or Limitation sometimes a Pint sometimes a Pint and an half and sometimes a Quart for the measuring of a Bushel whereas the ancient and laudable due is but half a Wine Pint at the most for such measure And also that divers Maltsters Bakers and Brewers do keep in their Private Houses two Bushels a bigger wherewith to buy and a lesser to sell whereby the Country that bring in their Corn and Grain to the said University are deterred to furnish the said Market in regard the measure of Grain will not hold out fully with the said great Bushels We therefore for the future prevention of the said Inconveniences and for the better Government of the said Market that there be no fraud used Have given granted and confirmed and do by these presents give grant and confirm unto Christopher 〈◊〉 val Inhabitant within the said University of Oxon. Licence power and authority to keep and set forth every Market-Day in the place of the Corn-Market so many lawful Bushels and Measures by us or our Deputies to be allowed and sealed as shall be sufficient for the Measuring of the said Corn or Grain so brought to be sold in the said University and to take the due and lawful Toll for the same viz. the Quantity of half a Wine Pint at the most in every Bushel and not above To have and to hold the said Office of keeping the said Buthels and Measures and receiving the Toll as aforesaid to him the said Christopher Dival during his natural life without the lett trouble hindrance or denial of any the Inhabitants of the City and University of Oxon keeping Bushels as aforesaid or any other Person whatsoever And we do also by these presents straitly prohibit and discharge all the Inhabitants of the University or City of Oxon. from keeping and setting forth any publick Bushel or other measure and to receive any Toll or profit for the same And also all Malsters Bakers and Brewers for keeping in their Houses any more than a lawful and sealed Bushel by which they shall sell as well as buy Provided always that the said Christopher Dival demean himself honestly uprightly and indifferently in the Execution of the said Office or place as aforesaid and that he take a Corporal Oath yearly before us or our Deputy the Vice-Chancellour to that effect and purpose according to the Law and the Use Custom and Privilege of the said University And provided also that the said Christopher Dival in Consideration of the Premises do take diligent care to view the Pitching Paving and Cleansing of the Streets within the said University and to make known unto us or our Deputy by whose fault and negligence the same is left undone and also that twice every Week after the end of the said Market he cleanse and keep sweet or cause to be cleansed and kept sweet the said Corn-Market Place the Inhabitants there paying to the Scavinger as now they do for the same In witness whereof We have to these Presents put our Hand and Seal Dated the 2d day of May Anno Dom. 1634. And in the Tenth year of the Reign of our Sovereign Lord King Charles of England Scotland France and Ireland Defender of the Faith c. WHereas John Oxenbridge Master of Arts and Commoner of Magdalen Hall in Oxford both by the Testimony of Witnesses upon Oath examined and by his own Confession hath been found guilty of a strange singular and superstitious way of Dealing with his Scholars by perswading and causing some of them to subscribe as Votaries to several Articles framed by himself as he pretends for their better Government as if the Statutes of the Place he livesin and the Authority of the present Governours were not sufficient These are to signifie that I Bryan Duppa Vicechancellor of the University for the time being duly weighing the Quality of the fact and the ill consequences which might follow upon the insnaring of young and tender Consciences with the Religion of a Vow do Order and Decree that the said John Oxenbridge shall no longer be trusted with the tuition of any Scholars or suffered to read to them publickly or privately or to receive any Stipend or Sallary in that behalf And to this end I require you that are the Principal of the said Hall to dispose of those Scholars that are now under his Tuition to such other Tutors who by their discreet and peaceable Carriage shew themselves freest from Faction and not to suffer the same or any other to live under his Charge or him to receive any Salary or Stipend from them And this Censure you are presently to put in execution by taking away his Scholars and to take care that no part of it hereafter be eluded Of the performance of which you are to stand accomptable to the Chancellor or his Vicechancellor whensoever you shall be called After I had received Letters from the University of the 12. of Sept. 1633. which gave me the whole power to order and settle the Statutes which had now hung long in the hands of the Delegates though before they had put me to much pains and the writing of many Letters both to call upon and direct the Delegates yet now I set my self to it with so much the greater alacrity because the University having in Convocation put the whole business into my Hands I thought my self sure against all practice by faction or otherwise To the end therefore that I might have no more Jealousie nor Crossing in the Business I put the Review of all that had been done formerly by the Delegates into the Hands of Mr. Peter Turner of Merton College reserving to my self the last Consideration of all By this means and God's Blessing upon my endeavours I did at last not without a great deal of pains get through this work and settled the Statutes as will after appear in its proper time and place In this Year the West-side of Vniversity College was new built from the Ground John Dunn of C. C. Mr. of Arts for the supposed killing of a Boy called Humphry Dunt And John Goffe of Magd. Coll. for the supposed killing of one Boys Mr. of Arts These two were legally tryed before the under-Steward of the University Mr. Vnton Crooke the 26. of August 1634. and acquitted AFter my very hearty Commendations c. I have laid the pains of tho Vicechancellorship now two years together upon Dr. Duppa who hath discharged that place with extraordinary Care as well for the good as
it be denied And therefore our humble Suit to Your Lordship is That by Your good furtherance we may receive the Opinion of the Honourable Lords of His Majesty's Privy Council what shall be done in the Premisses And whether Mr. Mayor shall be freed of all Danger for not setting a Watch in these troublesom Times or not And so craving Pardon for our so often troubling You we remember our Humble Service to Your Lordship and render many Thanks always remaining Oxon June 24. 1640. Your Lordship 's to be commanded John Smith Mayor William Potter John Nixon Thomas Smith Leo. Bowman John Sare William Charles Humphrey Whistler Henry Southam Martin Wright Roger Griffin Walter Cave Bailiffs William Poole Bailiffs SIR THE Mayor of Oxford hath lately sent these two Letters above written one to the Lords of the Council and the other to the Earl of Berks to shew to the Lords And I here send you the Copies of them both The Letter to the Lords is most concerning Greene and his Inn in which I do desire you to make a clear and distinct Answer to these Particulars following As First Whether this Inn be the Inheritance of Lincoln-College and whether Greene is possessed of it by the Marriage of the Widow in the Right of his Son-in-Law And this the rather because your first Information said That the Town authorized him to keep this Inn. Secondly You may see by this how angry they are about their Victuallers where they directly charge you That amongst others you took a Recognizance of the said Greene but never certified the said Recognizance nor any other to the Sessions according to the Law To which also it will be fit you give Answer Thirdly They say they have only the Name of Mayor and Magistrates and speak in all the rest of their Letter as if all the Town Privileges were invaded by the University And here I would have you answer two things The one That they offer to invade the University Privileges which I conceive is true And the other Whether so many as they mention did refuse the Offices of Mayor and Bailiffs this last Year Their second Letter is only concerning their Night-Watch in which I think there is a manifest invading of the Vniversity Privilege And Proctor Allibond is challenged by Name But they have taken a very cunning rise for their Business for they put it all upon their Care for a Watch by reason of the Seditious Tumult at Farrington There is great reason that Mr. Mayor should be freed from all Danger about setting of a Watch save only such as is his Duty to set but the Lords will not give me their Opinion till they have an Answer from the University how the Mayor's Watch and the University Privileges stand together I pray therefore send a full Answer to this Particular especially But I pray send your whole Answer in such fair Terms as that I may shew it whole and entire to the Lords but let the matter be as full home as you can Lambeth July 3. 1640. W. Cant. Most Reverend IN the Name of the whole University as well as in my own I return Your Grace humble Thanks for the Notice which by Your last Letter You have been pleased to give me of a late Information preferred by this Town unto the Lords of the Council against us To the several Branches whereof I will make bold to return a brief Answer that it may the more fully appear unto Your Grace how false in some and groundless in all Particulars the Complaint is 'T is true That Green's House belongs to Lincoln-College and that he now enjoys it by the Right of his Wife But this makes it not to be an Inn that must be done by License which he must either have from the Town as all other Inns as yet have or else he hath none For confident I am that he hath not any from the Vniversity By Virtue of His Majesty's late gracious Grant unto us we License Ale-House-Keepers and Victuallers Above which Rank until better informed now by the Town we conceived Inn-holders to be and therefore meddled not with them If Greene came in the throng at the beginning of Lent to be bound by me from dressing of Flesh the which I remember not he came not called For by my Warrant I then Summoned none but Privileged Persons and such only of the Town as by the Power given the University by His Majesty had been allowed by us The Recognizance of those 〈◊〉 Licensed I confess I returned not to the Quarter-Sessions and that for this Reason His Majesty by the fore-mention'd Letter was pleased to grant us the same Authority over Ale-Houses and Victuallers which the University of Cambridge hath No Recognizances are returned there whereof I am certain for I sent thither purposely in November last to enquire And therefore none by us The University there keeps them in its own Power and so do we The Town-Clerk who Pen'd the Letter does I grant by this means lose some petty Fees which the Poor Men now save in their Purses he formerly had whilest the power of Licensing was in them But this is a very weak Plea in a Business of such Consequence Nor indeed are those Fees now considerable we having already reduced those Ale-Houses to Five Score which before were Three Hundred A great number And yet not to be marvelled at when one Man this Mayor's Father-in-Law Bosworth a Brewer and Justice of the Town was as I have credibly been informed in a very short time the means of Licensing an Hundred for his part upon Conditions which tied them faster than their Recognizance to the King that they should take all their Beer of him nor did he stand single Others they have who trod after him in the very same steps which makes me wonder with what Face they can complain of the Loss of a Power which they so grosly abused And yet more I marvel at their Complaint against us for invading their Liberties when themselves are so notoriously guilty of daily Attempts upon ours without any colour at all of Right for their so doing Witness their Intrusion into the Office of Clerk of the Market Their Enquiries at their Leets touching the Cleansing and Paving of the Streets Their refusing to be regulated by the Vice-Chancellor as heretofore touching the Price of their Candles Arresting and Suing of Privileged Persons in their City Court Taking of Felons Goods and interrupting our Proctors in their Night Walk Nor can I amongst these Grievances omit their present multiplying of Cottages and Inmates in all Parts of the Town in despight of the Inhibition to the contrary sent unto them by Letters from the Lords of the Council whereof they have in a friendly manner been put in mind by the University both at their Publick Sessions and at other times If the Mayors of Oxford have now as is pretended only the Title not the Authority of the Place they are
rest For out of all doubt their Votes do hurt sometimes and it may be more often and more dangerously than the Bishops Votes And when this Lord shall be pleased to tell us what those other Irregularities are which are as antient and yet redressed I will consider of them and then either grant or deny In the mean time I think it hath been proved that it is no Irregularity for a Bishop that is called to it by Supreme Authority to give Counsel or otherwise to meddle in Civil Affairs so as it take him not quite off from his Calling And for his Lordship 's Close That this is not so antient but that it may be truly said Non fuit sic ab initio his Lordship is much deceived For that Speech of our Saviour's St. Matthew 19. 8. is spoken of Marriage which was instituted in Paradise and therefore ab initio from the beginning must there be taken from the Creation or from the Institution of Marriage soon after it But I hope his Lordship means it not so here to put it off that Bishops had not Votes in the Parliaments of England from the Creation For then no question but it may be truly said Non fuit sic ab initio But if his Lordship or any other will apply this Speech to any thing else which hath not its beginning so high he must then refer his Words and meaning to that time in which that thing he speaks of took its beginning as is this particular to the beginning of Parliaments in this Kingdom And then under Favour of this Lord the voting of Bishops in Parliament is so antient that it cannot be truly said Non fuit sic ab initio For so far as this Kingdom hath any Records to shew Clergy-Men both Bishops and Abbots had free and full Votes in Parliament so full as that in the first Parliament of which we have any certain Records which was in the Forty and ninth Year of Henry the Third there was Summoned by the King to Vote in Parliament One hundred and twenty Bishops Abbots and Priors and but Twenty three Lay-Lords Now there were but Twenty six Bishops in all and the Lords being multiplied to the unspeakable Prejudice of the Crown into above One hundred besides many of their young Sons called by Writ in their Father's Life-time have either found or made a troubled time to cast the Bishops and their Votes out of the House 2. To the Objection for being Established by Law his Lordship says The Law-makers have the same Power and the same Charge to alter old Laws inconvenient as to make new that are necessary The Law-makers have indeed the same Power in them and the same Charge upon them that their Predecessors in former Times had and there 's no question but old Laws may be Abrogated and new ones made But this Lord who seems to be well versed in the Rules and Laws of Government which the poor Bishops understand not cannot but know that it 's a dangerous thing to be often changing of the Laws especially such as have been antient and where the old is not inconvenient nor the new necessary which is the true State of this Business whatever this Lord thinks 3. And for the Third Objection the Privileges of the House this Lord says it can be no Breach of them For either Estate may propose to the other by way of Bill what they conceive to be for publick Good and they have Power respectively of accepting or refusing This is an easie Answer indeed and very true For either Estate in Parliament may propose to the other by way of Bill and they have Power respectively of accepting or refusing and there is no Breach of Privilege in all this But this easie Answer comes not home For how my Lord understands this Objection I know not it seems as if it did reach only to the external Breach of some Privilege but I conceive they which made the Objection meant much more As namely that by this Bill there was an aim in the Commons to weaken the Lords House and by making their Votes fewer to be the better able to work them to their own Ends in future Businesses So the Argument is of equal if not greater strength against the Lord's yielding to the Bill to the Iufringement of their own strength than to the Commons proposing it and there is no doubt but that the Commons might propose their Bill without Breach of Privilege but whether the Lords might grant it without impairing their own strength I leave the future Times which shall see the Success of this Act of Parliament to judge of the Wisdom of it which I shall not presume to do I thought his Lordship had now done but he tells us 4. There are two other Objections which may seem to have more force but they will receive satisfactory Answers The one is that if they may remove Bishops they may as well next time remove Barons and Earls This Lord confesses the two Arguments following are of more force but he says they will receive satisfactory Answers And it may be so But what Answers soever they may receive yet I doubt whether those which that Lord gives be such For to this of taking away of Barons and Earls next his Lordship Answers two things First he says The Reason is not the same the one sitting by an Honour invested in their Blood and Hereditary which though it be in the King alone to grant yet being once granted he cannot take away The other sitting by a Barony depending upon an Office which may be taken away for if they be deprived of their Office they sit not To this there have been enough said before yet that it may fully appear this Reason is not Satisfactory this Lord should do well to know or rather to remember for I think he knows it already that though these great Lords have and hold their Places in Parliament by Blood and Inheritance and the Bishops by Baronies depending upon their Office yet the King which gives alone can no more justly or lawfully alone away their Office without their Demerit and that in a legal way than he can take away Noblemens Honours And therefore for ought is yet said their Cases are not so much alike as his Lordship would have them seem In this indeed they differ somewhat that Bishops may be deprived upon more Crimes than those are for which Earls and Barons may lose their Honours but neither of them can be justly done by the King's Will and Pleasure only But Secondly for farther Answer this Lord tells us The Bishops sitting there is not so essential For Laws have been and may be made they being all excluded but it can never be shewed that ever there were Laws made by the King and them the Lords and Earls excluded This Reason is as little satisfactory to me as the former For certainly according to Law and Prescription of Hundreds of Years the Bishops sitting
in that House is as essential as the Lords And this about the Laws made without them is built only upon some difficult emergent Cases from which they desired to be exempt and free themselves Not from any constraint of the State nor from any Opinion of the King Peers or People that it was fit to make Laws without them But to this we have given an Answer before But this Objection of taking away the Earls and Barons next strikes as I conceive another way at the Lord's House than either of those Answers or Reasons seem to meet with And perhaps this Lord himself is willing to pass it by if he does see it and 't is thus The House of Commons sees and knows well enough that should they bring up a Bill open and with a bare edge to take away the Votes from the Lords it could not possibly be endured by either King or Peers Therefore the Bill which may come to take them away next and which may be meant in this Objection may be a Bill to make one House of both and set them altogether under the pretence of greater Unity and more free and quick dispatch of all Business all Messages and Conferences and breach of Correspondencies and Differences happening between the Two Houses while they are Two being by this means taken away And this I am sure hath been much spoken of since this Parliament began and may with far more ease be next compassed now the Bishops are thrust out both because there are fewer in the Lord's House to help to cast out such a Bill and because the Commons House which would willingly receive the Lords in among them would never admit the Bishops into their House So that both ways this is made far more easie to Pass And should this happen I would fain know of this Lord wherein this Objection would fail that they might the next time remove the Barons and the Earls Not remove them from making Laws as his Lordship speaks of it but remove them into the House of Commons where their Votes shall be swallow'd up among the many and might be quite overmaster'd though they should not all Agree and Vote one way For then the meanest Commoner in that House would have his Vote as great as the greatest Earls Whereas now in their own House being distinct though all the House of Commons agree upon a Bill or any thing else the Lords may if they see Reason alter or reject it So that if hereafter they be reduced to one House I make no question but their Votes are gone next after the Bishops And if his Lordship shall think this an impossible Supposition let him know it is not half so impossible as that which he made before of the Heavenly Bodies breaking out of their own Spheres But we are now come to the last Objection the other of the two which his Lordship says are stronger And 5. The other Objection is this That this Bill alters the Foundation of this House and Innovations which shake Foundations are dangerous And truly this Objection seems to me very strong but perhaps that is by reason of my Weakness for my Lord tells us before that it is capable of a satisfactory Answer and here his Lordship gives two for failing I Answer First That if there should be an Errour in the Foundation when it shall be found and the Master-Builders be met together they may nay they ought rather to amend it than to suffer it to run on still to the prejudice and danger of the whole Structure This Answer whatever this Lord thinks of it is not satisfactory and the thing will be full of danger whensoever it shall be put to trial For Foundations are seldom meddled withal but with great hazard and a Fundamental Errour in a Kingdom is born with more Safety to the whole than it can be taken away And this happens partly because among the many Subjects of a Kingdom there are different Judgments and as different Affections whence it follows that all Men are not of Opinion that that which is called an Errour in the Foundation is so indeed Nor do the Affections of all Men dislike it nay perhaps the greater perhaps the better part will approve it In this Case if the Master-Builders fall to mending of this somewhat boisterously may they not rend all in pieces to fall about their own Ears and other Mens And partly because the Master-Builders which are to meet to repair the decays of the State though in all Ages they have the same Authority to make Laws yet they have not in all Ages the same Skill and Wisdom for the making or the mending of them Whence it follows that even the Master-Builders themselves may mistake and call that the Errour which is indeed a great part of the Strength of the Foundation And so by tampering to mend that which is better already endanger the shaking if not the fall of the whole Structure which they would labour to preserve And I pray God Posterity do not find it that even the Master-Builders which are now met be not so deceived and with as ill Success in casting the Bishops Votes out of the House under the Name of an Errour in the Foundation But if this Answer satisfie not his Lordship may hope his next will For Secondly he says This is not Fundamental to this House For it hath stood without them and done all that appertains to the Power thereof without them yea they being wholly 〈◊〉 and that which hath been done for a time at the King's pleasure may be done with as little danger for a longer time and when it appears to the fit and for publick good not only mahy but ought to be done altogether by the Supreme Power It seems this Lord distrusts his former Answer about mending Fun damental Errours in a State and therefore here he denies that Bishops and their Votes are Fundamental to the Lords House But I doubt his Lordship is mistaken in this For that is Fundamental in any Court which in that Court is first laid and settled upon which all the future Structure is raised Now in the Lords House of Parliament the Bishops Votes were laid at the very first as well as the Votes of the Lords Temporal Nay with a Precedency both in Place and Number and all the Ordinances and Powers of that great Court have equally proceeded from the Votes of the Bishops and the Lords and therefore for ought which yet appears to me either the Lords Vote are not Fundamental to that House or the Bishops are But his Lordship proves they are not Fundamental to that House because that House hath stood without them But weakly enough God knows like a House whose Foundations are shaken upon one side and because that House hath done all that appertains to the Power of it without them It may be so But I doubt whether it did all that appertains to the Wisdom of it without them For this
cannot desire more than your Lordship resolves upon In any thing that my Assistance may be useful to Mr. Vice-Chancellour or otherwise I trust my faithful endeavours shall make good how unfeignedly I desire to shew my self Exon. Coll. Novem. 24. 1630. Your Lordships Most ready at Command John Prideaux May it please your Lordship IF it be not too boldly done of us to interrupt your Lordship's greater Affairs we should hope that you would be pleas'd to accept with favour these few lines from us which are according to our humble Duty and Service to congratulate your Lordship's honourable Reformation of the University so well begun We cannot nor can any man else dissemble it The Corruption was gotten up high and come to stand almost in praecipiti Some medicinal hand was of necessity and that speedily to undertake the Cure Which God who well saw the weightiness of the work would should be no other than your Lordship's though your Lordship would not There were others more Powerful Your Lordship would have been our Friend however It would be envious you were sickly and the like But the Infallible Eye saw you and what it purposed to effect by you whilst you walked thus under the Fig-trees that we may so speak and Covert of your excuses Truly it was strange to see such backwardness at the Undertaking and yet now such Readiness and Skill in the Execution We see it and must with all gratefulness acknowledge amongst your manifold and great Occasions both for Church and State no pains spared no opportunity omitted either by Word or Letter that may any way advance the business in hand From this Zeal of your Lordship to Learning and the welfare of the University there is no ingenious breast amongst us but takes fire and would be glad to be seen though amidst the dependance of so worthy an Enterprize Our selves in an inferiour Distance are even angry with our selves that we have not hitherto signifi'd to your Lordship our forwardness in our Places But now we assure your Lordship as we have not been altogether negligent for the time past so from henceforward to be industrious in what belongs to us in taking notice of Formalities in laying hands upon the reigns and liberty of Dispensations and looking to the performance of other Duties As for the point of Dispensations and Proceeding of Bachelours which now draws on somewhat it may seem to be out of the way of the Proctours But it is so poor a thing to the Universal good that we would request your Lordship not to entertain so much as a thought that we make the least account of it And since we understand your Lordship's Desire we shall put on resolution to make stop of all manner of Dispensations we mean for defect of time or of that nature and this without any mincing of the matter or deriving the Cause or Envy farther than our selves Truly it would be a foul Shame for any more for us to be found either backward or luke-warm to Good Order when our Chancellour himself is seen to press so nobly for it Besides the reward that we may look for that when in after-ages your Lordship's Honours shall be recorded and this Reformation amongst the rest I and amongst the chiefest O it hath a Genius and must live we also may claim to have our Names read for those in the time and circuit of whose office so great a work was undertaken Thus humbly craving Pardon for our boldness we rest Oxford Nov. 29. 1630. At your Lordships Service To be commanded Ralph Austen Henry Stringer Proctors of the University About this time the Principality of St. Edmund's-Hall became void by the death of Dr. Rawlinson And the Provost of Queen's College and the Fellows there made choice of Mr. Ayrie to succeed him This Claim for the freedom of Election and a Queen's-College Man to be elected they had formerly made under the Chancellourship of the Lord Arch-Bishop Bancroft who promised them very fair for the next avoydance but prevailed with them to let his Nomination stand for Dr. Rawlinson Now they write their Letters to me and humbly besought me that their Choice of Mr. Ayrie who had been of their College might stand And withall they sent me up their Writings and Evidences which they had to shew that the Right of Election of a Principal to the Hall aforesaid was in the Provost and Fellows of Queen's College and not in the Chancellour of the University as the rest of the Halls are After much Debate and full Consideration taken I writ to the Vice-Chancellour as followeth S. in Christo. Sir I Have now at last with much ado got a little time to look over the Evidences which the Provost of Queen's College sent unto me concerning their Right of the Choosing of the Principal of St. Edmund's-Hall Upon view of the Deed from the University in which I find the Chancellour a Party and of the other Disputes raised concerning this business when the Right Honourable the Earl of Dorset was Chancellour all which concluded for the Right of the College to Choose I think their Right is unquestionable And the rather because I find that the Right Honourable my late Predecessour the Lord Steward upon view of these Writings declared in a Letter of his the Right to be in the College And for that the Provost and Fellows of Queen's College have not only made this Claim to their Right of Choice but have also from time to time made actual Choice of the several Principals successively whensoever That Place hath been void and have at this time made their humble suit unto me for Confirmation of their Right I am very willing to preserve this their Right unto them And do hereby Pray and Require you as my Deputy there to give Mr. Ayrie whom the Provost and Fellows have lately Chosen Admission into the Principality of the said Hall and all such Rights as are thereunto belonging And this I am content to do for the love of Justice without reflecting upon the suddenness of their late Choice which might have been done with more Respect to me and less Hazard to themselves So for this time I leave you to the Grace of God and rest LONDON House March 4. 1631. Your very Loving Friend GVIL London DIe Mercurii viz. vicesimo die Aprilis Anno Dom. 1631. habitâ deliberatione à Venerabili Viro Dr. Smith Vice-Cancellario un à cum aliis Collegiorum Aularum Praefectis de quibusdam negotiis ad Vniversitatem spectantibus per Collegia Aulas denunciandis Cùm innotesceret Commissionem Regiae Majestatis authoritate editam emissam fuisse quibusdam Viris Primariis ad inquirendum de Feodis Salariis in Curiis Justitiae ratione Officiorum debitis Nec constaret quantum haec Commissio ad Vniversitatem pertineret Placuit Vice-Cancellario cum consilio consensu reliquorum Collegiorum Aularum Praefectorum tunc praesentium Dom.
your Deputy-Governours in either University to VVill and Require them in Our Name to rectifie and reduce all Fees given to Officers Readers Bedels Registers or others for Degrees or any thing else to That quantity which they bore in the said Eleventh year of Queen Elizabeth For the Abuse is great and burdensome unto them which bring up their Sons in Learning And We will remedy it by Our Commission if you according to your Places do not see it remedy'd to our hands And We are the more Careful for Our Universities Because we have not forgotten that Our Royal Father of ever blessed Memory gave Bountiful Gifts to supply divers wants There which We assure Our self were not given but with an intent that when they were possessed the Fees should lessen at least return to that just proportion to which we have limited them in our Commission So We grant your Suit not to break the Liberties of our Universities by sending another Power upon them But withal We require you both to send to our several Universities rsepectively that VVe may have present Redress of this Abuse and that a Table may be made according to the elevene th of Queen Elizabeth and hung up in the Congregation and in some convenient place in every College and Hall that every man may know what Fees he is to pay and no man presume to take beyond the Allowance in that Table as he will answer it at his Peril And we shall look for an Accompt of this from you both respectively Given under our Signet at To Our Right trusty and Right Wellbeloved Cousin and Counsellour Henry Earl of Holland Chancellour of Our University of Cambridg And to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellour VVilliam Lord Bishop of London Chancellour of our University of OXFORD Reverendissime Cancellarie GRatias agimus periculis quae te reddunt nobis indies chariorem lumen pretiumque adjiciunt tam Vigilis Patroni merito Rem perdifficilem eluctabimur si operâ tuâ non simus foelicissimi In moderandis Academiae fraenis nunquid opus est oculatiori Providentiâ Tu quidem vix emicantia periculorum semina à longinquo praevides eaque aut prudenter caves aut fortiter evellis Nunquid opus est anxietate curâ ubi nusquam occurrit periculum sollicitè circumspicis indagare non desinis quod metuis invenire ac totus quieti nostrae insomnis incubas At nunquid suavi opus est in adducendo militiâ Non sinis imponi nobis vim necessitatis vel in iis etiam quae ad nostrum spectant emolumentum Sed aequè sanandi modo ac ipsi consulens sanitati aut ea imperas quae sponte volumus aut prius velle fias ea quae imperas Ac tum demum ubi voti ardor incaluit eundem Obsequii studio ingeminatum accendis non segniùs quam ventus secundo flamine proni impellit cursum fluenti Liberalium amici Artium sub Feodorum onere graduum venalium caritate jam diu suspirarunt diu tacuerunt Quibus aderat morbi eradicandi animus potestas defuit exequendi ansa donec Medicus Epidemicus hoc ulcus ubique recisurus utpote in Curiis universis grassatum nos itidem quamvis à saeculo seclusos communi tamen peste laborantes communis convolvisset asperitate remedii Exoticae Potestati tradidisset unâ corrigendos Vtilis fuit medicina invisa manus sanari optabile sanari verò à parùm benevolis fuit quaedam Foelicitatis miseria praesertimcum in Extraned Censurâ Exemplum lateret viamque sterneret usurpabili Laicorum tyrannidi Quid ergo dicemus Regi in mentem venisse ut nos dormiscentes solummodo expergefaceret Certè eâ mole fertur Majestas ut semel commota aegrè possit vel ipsa se sistere Expergesecit quidem sed quod nihil tentavit amplius Tui opus Patrocinii agnoscimus Benignitati Augustae Deo cum proximae tum simillimae tribuendum primò quòd nostri causâ excanduit tum posteà quòd nobis domesticam proprii sinûs animadversionem indulsit Sed quod Regem priùs pacatum invenimus quam iratum mente subito compositum quasi rugas ideo tantum induisset ut exueret hoc sagaci tuae Providentiae maturo tribuimus Intercessui O Aulae Academiae vinculum O qui Regem nobis per lenitatem Nos Regi per obsequium attemperas sive plus nostri affectûs sive gratitudinis sive obedientiae velis nequid unquam quod velis desit cape ad summum omnia Nobis dulce erit Prudentiae tuae animum summissè dedere in durissimis Sed levamini commodoque nostro aurem morigeram praebere jussu subire quae ultro expetimus quantâ hilaritatis ecstasi properemus Sub tali jugo incurvari lucnum est Crescit ex imperio libertas dominatur dum paret E. domo nostrae Congregationis July 25. 1631. Honori vestro devinctissima Oxonien Academia July 26 1631. The first Stone of my Building at St. John Baptist's College was laid NOW that this intended Good may come the fuller upon the University a great help must come from you and your Successors from time to time in That Office And first while the awe of this is upon them you must call for the present performance of those things which his Majesty enjoyned especially the present drawing up of the Statutes concerning Appeals and of the standing Delegacy of the Heads of Colledges and Halls to meet every week or every fortnight at least as well in Vacation as Term both to consider of the present businesses of the University and to prepare such things as are fit for Convocation Which Statutes of this Delegacy and the Appeals were they once settled would ease half of the business of the University and repay all the pains that is or can be taken about them Next I pray call the Heads together and give them warning concerning their several Companies That no man of what degree soever and therefore much less Youths be suffered to go in Boots and Spurs together with their Gowns And if any Head of a House permit it in his own College whither my Authority reaches not I shall complain where he will be unwilling to Answer And for your self I pray and require you that if any man be seen abroad with them in Town out of his College you presently proceed against him according to such 〈◊〉 as you have De 〈◊〉 Scholastico c. And the like for haunting of Inns or Taverns or other Drinking-Houses 〈◊〉 Masters of Arts that should give younger Youths better example And that all Bachelours of Arts as well 〈◊〉 as others receive a strict command by their several Governours that while 〈◊〉 any 〈◊〉 they pass along the 〈◊〉 or any publick place they uncover their heads and do that reverence which beseems them to any Doctor Bachelour of Divinity Master of
easdem in meliorem competentiorem formam redigendo de eisdem addendo ab eisdem detrahendo de intimando easdem omnibus singulis quorum interest seu interesse poterit quovismado juxta Jurisperitorum consilium pro loco tempore congruis opportunis prout moris est juris atque styli Super quibas omnibus singulis peto à te Notario publico Instrumentum publicum sive Instrumenta publica unum sive plura mihi confici Testesque hic praesentes testimonium inde perhibere Lecta interposita fuit haec Appellatio octavo die Augusti Anno Domini 1631. Annoque regni Domini nostri Caroli Dei gratiâ Angliae Scotiae Franciae Hiberniae Regis Fidei Defendoris c. Septimo in Hospitio Guardiani Collegii Wadhami in Vniversitate Oxon. intra Collegium praedictum notoriè situato per venerabilem Virum Guillelmum Smith Sacrae Theologiae Professorem Collegii Wadhami praedicti Guardianum atque 〈◊〉 Oxon. Vicecancellarium qui tunc ibidem appellavit Apostolos petiit protestatus querelatus est 〈◊〉 caetera fecit exercuit in omnibus per omnia prout in hujusmodi Protocollo continetur In praesentiâ mei Notarii Publici subscripti praesentibus etiam tunc ibidem testibus subscriptis ad praemissa testificanda specialiter rogatis scil Venerabilibus Viris Guilielmo 〈◊〉 Legum Doctore Decano Ecclesiae Cathedralis Wigorn. Richardo Zouch Legum Doctore nec non Richardo Mathew Literato Ita testor Guil. Juxon Rich. Zouch Ric. Mathew Humfridus Jones Notarius Publicus Upon this Petition and Appeal his Majesty coming that year in progress to Woodstock he resolved to hear the Cause Himself and put an end to those Factious and Disorderly courses which were grown too heady for any other Hand And upon 〈◊〉 Aug. 23. his Majesty in the presence of all the Lords of his Counsel which were with him divers Heads of Colleges being also present heard at large all Complaints and Grievances on either side And concluded That both the Proctours should in the next Convocation resign their Offices and Two other of the same Colleges be put in their Places And that Thomas Ford of Magdalen-hall Giles Thorne of Baliol College and John Hodges of Exeter College should be banish'd the University And that Doctor Prideaux Rector of Exeter College and Dr. Wilkinson Principal of Magdalen should then and there receive in the presence of the King and the Lords a publick and sharp Reprehension for their misgovernment and countenancing the Factious Parties The Lord Viscount Dorchester then Principal Secretary of State was commanded to deliver this Sentence from the King which he did accordingly and gave the Reprehension as was enjoyned The King himself then publickly Declaring that Dr. Prideanx deserved to lose his Place more than any of the rest but was content to spare him partly because he had been His ancient Servant and hoped he would look better to himself for the future and partly because I intreated Favour for him As for Francis Hide who had been Proctor the former year and was as mutinous as any of the rest he was out of the University when the Summons came for their Appearance before the King and so kept himself till the Hearing was past Yet nevertheless so much appeared against him as that afterwards he was glad to come in and make his submission that he might escape so Then his Majesty commanded Secretary Dorchester to write a Letter for Him to Sign and to be sent to the University and in Convocation to require the performance of this Sentence in every particular This Letter was written and sent accordingly and the Tenor of it follows in haec verba At WOODSTOCK Aug. 23. 1631. CHARLES R. TRusty and wellbeloved We greet you well Having at full length and with good Deliberation heard the Cause concerning the late great Disorders and Disobedience to Government in That Our University of Oxford and being moved by the greatness of the offences to Punish some persons according to their several Demerits and to Order some things for the more settled and constant Government of That our University hereafter Our Will and Pleasure is That you forthwith upon the receipt hereof call a Convocation for performing and registring these Our Sentences and Decrees as followeth And first We pronounce your Appeal to be just And return Tho. Forde of Magdelane Hall Giles Thorne of Baliol College and William Hodges of Exeter College whose Causes were likewise submitted unto Us unto your power And command you that forthwith they be all three Banish'd the University according as your Statutes in that behalf require Secondly Because the Proctours which should have been Assistants to the Vicechancellour and Helps for upholding of Authority and Government have most unworthily behaved themselves in countenancing all manner of Disobedience in receiving Appeals in case of manifest perturbation and breach of Peace and by their cunning practicing after these Appeals received especially Thorne's whose Contumacy was notorious and his Sermon base Therefore for them Our Pleasure and Command is as was yesterday delivered unto themselves that they shall presently resign their Office in Convocation according to Course as if their year had been fully expired and the two Colleges of which they are may name two others to succeed in their Office the rest of the year to be chosen and settled according to your late Statutes made in that behalf And for the Execution of this you are as we have before order'd presently to call a Convocation and publish this Our Sentence and proceed accordingly Thirdly For Francis Hyde of Christchureh and Richard Hill of Brazen Nose we require that so soon as they return to Our University you warn them to be in a readiness and give notice to your Chancellour when they are there that they may be sent for to Answer such things as are laid against them And when they are heard they shall receive such Sentence as the merits of their Cause deserve Now for the things which we think fit to settle presently in That Government they are these First VVe Command that if the Vicechancellour for the time being think fit to call for any Man's Sermon which upon his own hearing or complaint made by any other seems offensive in any kind the Party of what Degree soever he be shall deliver a true and perfect Copy to the Vicechancellour upon Oath which when he hath perused he shall Convent him if he find cause either by the Statute of Le cester as it is call'd or by the later Statute of the 〈◊〉 Doctors at the Vicechancellours choice until at this New settling of your Statutes one entire and absolute Statute be made of Both. Secondly That if the Vicechancellour find cause to Command any man to Prison the Party so Commanded and sent by a Beadle shall for so the Statutes require presently submit and go
Praesidem te nacti Mores integerrimo cultu refingere ardemus Leges ipsas sanare limam expolire qud sumus formandi omnia denique conari ut prudentissimae vestrae Praefecturae obsequium geramus excultissimum Hortatu molli nos adhuc duxit Clementia vestra parituro simillimus imperasti Lora jam accipe quibus impellas Vltrò compegimus jugum quod pronis Cervicibus annectas vestrisque manibus recepta jura obsequendi praestituent affectum libertatem ex onere ferent Vestrum itaque Patrocinium implorant unà nobiscum Statuta quae olim congesta intra manus Cancellarii Pole tantum consenuerunt suisque funeribus jam revirescentia Praesulatum vestrum 〈◊〉 sunt visa ut Gratiam pondus authenticum à Te accipiant vestrum annexum Diploma Statutis ipsis valentiùs nos componant Quibus ad umbilicum perductis si manum ultimam adjicias obsignando non Chartis 〈◊〉 Sigillum quà m Animo nostro insiges Beneficium Dat. in Domo Congregationis 12 Cal. Sept. Amplitudini vestrae supplex Acad. Oxon. Honoratissime 〈◊〉 LIteras adhuc quod recordari non parùm juvat rogante Calamo conscriptas misimus nullas adeo praepropera votis obvia semper fuit Humanitas vestra ut Academia Clientis negotio defuncta solo beneficiorum argumento laboraverit Ex omni parte Teipsum 〈◊〉 magnificum Antistitem attestatus es in omni genere vestra erga nos claruit indulgentia indigenti Academiae te Benefactorem experti sumus periclitanti Advocatum utpote qui meritissimum vestrum Vicecancellarium in jus discrimen vocatum non modo incolumem securum praestitisti sed etiam potiorem Chartaeque victrici interpretatione illustrem Cui quidem pro Humanitate suâ candidiori fortasse quà m oportebat Chartae interpreti venia habenda fuit maxima Quid enim verisimilius fuit quà m quòd illic delitescerit hujusmodi Privieglium Caelestium tranquillitas orbium non statim in ventos tempestates desinit quae adjacet regio aliquomodo caelestis est pluviasque tonitrua ruptisque nubibus emicantem fulguris stricturam ex intervallo despicit ità profecto aequissimum fuit ut Academia nostra illud Coeli emblema sua privilegia immunitates ad finitimos transmitteret tam sacra 〈◊〉 ut otium suum libertatem etiam jumentis impertiret Quod quidem privilegium utcunque antehac in gratiam honestatem Academiae minimè sancitum fuit nihilominus nunc demum summâ vestrâ prudentiâ authoritate confirmatum accepimus Tuum est meherclè quod Domini commune cum Bobus suis jugum non subeunt quòd adobeunda Reipublicae munia non stimulis urgentur eadem necessitate agitantur aurigae quâ jumenta Itaque non est ut fugendis Reipub. negotiis ingemiscant Operarii quod eorum Sarracae ut Bootae plaustrum pigro nolenti gradu procedant sed laeto alacri Quippè quòd solet esse maximo vehiculis gravamini Tuo Patrocinio sublevatur convectandi necessitas Adeo hoc insigne Privilegium consecuti sumus ut emancipato vehiculi usu Principi nostro Reique publicae non morigeri sed benefici habeamur in gloria 〈◊〉 cedat parere Has Gratias solenni formula charactere Amplitudini Tuae consecravimus hoc exploratum habentes fore ut expeditius ita sincerius 〈◊〉 magnificentiâ dignius Gratiarum genus agnoscere quà m rependere Beneficium Dat. in Domo Congregationis 12. Cal. Septemb. 1633. Amplitudini vestrae devinctissima Acad. Oxon. Reverendissime Cancellarie ACcepimus Membranam vestrâ Prudentiâ cogitatam gratiâ imimpetratam nobis autem vix desideratam quidem Itaque rursus agnoscimus affectus viri plusque Sympathiam Quis enim non suspiceret alternis malo vehementiùs laborantem quis non miraretur Medicum magis affectum morbi aestimatione quam aegrotantem dolore Hujusmodi tamen experimentum in Te Reverendissime Praesul comptum habemus Fateri cogimur vestram erga nos solicitudinem curam nostro sensu acriorem esse Academiae inopiam Tibi clariùs certiùs innotescere quà m patientibus Ante Chartam à Te impetratam Pecunia aliis Regina nostris ne Ancillae quidem officia praestitit Aurum abiit in contemptum stercoris jacuitque magis sepultum in Academico AErario quà m in Fodina Passi sumus prodigium Midae contrarium Aurum inter manus adulterium evasit quod defoecatissimum fuit tactu nostro pulchritudinem suam naturae precium amisit Hoe nobis quidem ingens magnificum indulgentissimo autem vestrae Prudentiae oculo parum videbatur Quemadmodum enim rei ita dignitatis nostrae Curam egisti Non satis esse Academiae existimabas praediis annuisque Redditibus foras ditescere nisi habitâ etiam pulchritudinis honestatis ratione domi floreret Magalia Collegiis admota aegrè tuleris iniquissimum enim videbatur ut mendicantium querelis adderetur Societatis fastidium iisque qui tantum auribus debent nec oculis parcerent ulterius progrederis Nostrûm adeo Studiosus es ut dignatus sis obicibus quoque viarum moris prospexisse omnem angulum velis verè Academicum ipsas Plateas Scholarum elegantiam induere Quod solum restat candidissimo vestro imperio ceriè morem quas possumus gratias praestabimus Angiportus dilatabimus transeuntes praeclusura impedimenta amovebimas viasque quantum in nobis est sternemus decoras latas quo nihil majus polliceri audemus vestrae quoque amplitudinis capaces Dat in Domo Con. gregationis 14. Cal. April Gratiae Amplitudini vestrae devinctissima Academia Oxon. TO all Christian People to whom these presents shall come William by God's Providence Arch-Bishop of Canterbury Primate of all England and Metropolitan Chancellour of the University of Oxon. sendeth greeting in our Lord God everlasting Whereas by the Customs Liberties and Privileges of this University of Oxon. by Kings and Queens of this Realm of England granted and by Acts of Parliament confirmed unto the said University amongst other noble Privileges and Favours the Clerkship of the Market within the said University and the allowing approving and correcting of Weights and Measures and the well ordering and governing the sd Market for the benefit of the sd University and the Buyers and Sellers therein is granted and confirmed to the Chancellour Masters and Scholars of the said University of Oxon. and the Execution thereof to the Chancellour or his Deputy the Vice-Chancellour of of the said University for the time being And whereas we find that heretosore in our Predecessors times there hath been a publick Officer by them assigned and appointed to look to the cleansing and keeping sweet the Market Place and to take the just and due Toll for the Measuring of Corn and Grain and to keep true and equal Bushels Pecks and Half-Pecks that there be no fraud committed between the
to begin When these things were fitted I gave notice to the King and the Queen and attended them into the Hall whither I had the happiness to bring them by a Way prepared from the President 's Lodging to the Hall without any the least disturbance And had the Hall kept as fresh and cool that there was not any one person when the King and Queen came into it The Princes Nobles and Ladies entred the same way with the King and then presently another Door was opened below to fill the Hall with the better sort of Company which being done the Play was begun and Acted The Plot was very good and the Action It was merry and without offence and so gave a great deal of content In the middle of the Play I ordered a short Banquet for the King the Queen and the Lords And the College was at that time so well furnisht as that they did not borrow any one Actor from any College in Town The Play ended the King and the Queen went to Christ-Church retired and supped privately and about 8 a Clock went into the Hall to see another Play which was upon a piece of a Persian Story It was very well penn'd and acted and the strangeness of the Persian Habits gave great Content so that all Men came forth from it very well satisfied And the Queen liked it so well that she afterwards sent to me to have the Apparel sent to Hampton Court that she might see her own Players act it over again and see whether they could do it as well as t' was done in the University I caused the University to send both the Clothes and the Perspectives of the Stage and the Play was acted at Hampton Court in November following And by all Men's confession the Players came short of the University Actors Then I humbly desired of the King and the Queen that neither the Play nor Cloathes nor Stage might come into the Hands and use of the Common Players abroad which was graciously granted But to return to Oxford This Play being ended all Men betook themselves to their rest and upon Wednesday Morning August 31. about Eight of the Clock my self with the Vice-Chancellor and the Doctors attended the coming forth of the King and Queen and when they came did our Duties to them They were graciously pleased to give the University a great deal of thanks and I for my self and in the Name of the University gave their Majesties all possible thanks for their great and gracious Patience and Acceptance of our Poor and mean Entertainment So the King and the Queen went away very well pleased together That Wednesday Night I entertained at St. John's in the same Room where the King Dined the Day before at the long Table which was for the Lords all the Heads of Colleges and Halls in the Town and all the other Doctors both the Proctors and some few Friends more which I had employed in this time of Service which gave the University a great deal of Content being that which had never been done by any Chancellor before I sat with them at Table we were merry and very glad that all things had so passed to the great satisfaction of the King and the honour of that place Upon Thursday September 1. I Dined privately with some few of my Friends And after Dinner went to Cuddesden to my ancient Friend my Lord the Bishop of Oxford's House there I left my Steward and some few of my Servants with him at Oxford to look to my Plate Linnen and other things and to pay all Reckonings that no Man might ask a Penny after we had left the Town which was carefully done accordingly Upon Friday September 2. I lay at a house of Mr. Justice Jones's of Henley upon Thames upon his earnest Invitation And upon Saturday September 3. God be thanked I returned sase home to my House at Croyden The week after my Steward and other Servants which staid with him came from Oxford to me where the Care of my Servants with God's Blessing upon it was such as that having borrowed all the King's Plate which was in the Progress and all my Lord Chamberlain's and made use of all mine own and hired some of my Gold-smith I lost none but only two Spoons which were of mine own Plate and but little of my Linnen My Retinue being all of my own when I went to this Entertainment were between 40 and 50 Horse though I came privately into Oxford in regard of the nearness of the King and Queen then at Woodstock There was great store of Provision in all kinds sent me in towards this Entertainment and yet for I bare all the Charge of that Play which was at St. John's and suffered not that poor College to be at a penny Loss or Charge in any thing besides all these sendings in the Entertainment cost me ........ Salutem in Christo. SIR THE Sickness of these Times and my many other occasions made me forget to write to you before the beginning of Michaelmas Term last concerning the Sermon and Prayers usually had at St. Maries at the beginning of Terms which were wont to be not so orderly as they should nor with so good Example to other places at large in the Kingdom as such a University should give For First the Communion was Celebrated in the Body of the Church and not in the Chancel which tho' it be permitted in the Church of England in some cases of necessity where there is a Multitude of People yet very undecent it is and unfitting in that place where so few the more the pity use to communicate at these Solemn times But this abuse I caused to be rectified in Dr. Duppa's time and I hope neither you nor your Successors will suffer it to return again into the former Indecency Secondly tho' none do come to those Solemn Prayers and Sermons but Scholars and those too of the best Rank yet to no small dishonour of that place the Sermon is in Latin and the Prayers in English As if Latin Prayers were more unfit for a Learned Congregation than a Latin Sermon And the truth is the thing is very absurd in it self and contrary to the Directions given at the beginning of the Reformation of this Church for in the Latin Service Books which were first Printed in the beginning of Queen Elizabeth there is an Express both Direction and Charge that notwithstanding the altering of the ordinary Form of Prayers throughout the whole Body of the Kingdom from Latin into English Yet in the Universities such Prayers unto which none but they which were Learned did resort should be in Latin And for my part I do much wonder considering how Publick that Direction was that the University at the beginning of Terms should fall from this Ordinance and so divide the Service and Sermon between Latin and English Upon Consideration of this I acquainted His Majesty both with that Printed Direction of Queen
therefore to let You know that I do hereby nominate and choose Dr. Frewen to be my Vice-chancellor for the Year ensueing and to pray and require You to allow of this my Choice and to give him all the Respects due to his Place and all other Aid and Assistance by your Counsel or otherwise which shall be requisite the better to inable him in the discharge of the Office which he now undertakes Thus not doubting of your readiness and willing obedience herein I leave both him and you all to the Blessing of God and rest July 11. 1638. Your loving Friend and Chancellor W. Cant. To my very loving Friends the Vice-chancellor the Doctors the Proctors and the rest of the Convocation of the Vniversity of Oxford I Have now no Business to you but only to pray you that in this Dead time of Vacation You will be watchful that the Scholars spend not their time in Taverns and Ale-houses and so help themselves to put on a Habit which will not be fit to be worn in Term nor at any other time And you cannot do a greater Office in all the time of your Vice-chancellorship than to hinder the growth of this Spreading Evil c. Croyden August 3. 1638. W. Cant. SIR I Thank You heartily for your Care about the Taverns and the frequenting of Ale-Houses about which base places You cannot be too careful For they are certainly the Bane of a great many young Men which are sent to the Vniversity for better Purposes and if you do not now and then give them a Night walk they will easily deceive all your Care for the Day I Cannot be at Woodstock this Year when His Majesty comes by reason of Business which the King himself hath laid upon me and must be done at that time or not at all I am sorry it so falls out but I have spoken with his Majesty that my Absence may not hinder the wonted Grace which he shews to the Vniversity I have likewise spoken to the Officers of the Houshold about Your Entertainment that Day I have also sent to My Lord of Oxford to attend there in my Room It will be time for you now at your Monday Meeting to propose to the Heads the keeping of their several Companies at Home that they may not disturb the King's Game nor otherwise offend the Court by their frequent going thither of which I pray be very careful Croyden August 10. 1638. W. Cant. SIR I Thank You for your Care to make a present stop of the use of prohibited Gowns among the younger sort But if you punish only the Taylors that made them and not the Scholars that wear them I doubt You will not easily remedy the Abuse unless it appear to You That the Taylors made them without the Scholars Appointment then indeed the Scholars are Blameless otherwise not Croyden August 17. 1638. W. Cant. IN this time of my Absence from Woodstock things were carryed well at Court by the Heads and they had a very Gracious Entertainment there and gave the King good Content and were dismissed without Complaint against any Scholar for disturbing his Majesty's Game SIR FOR the Business concerning the placing of the Sons of the Lady Lewis with the young Noble-men I am sorry that they which are Suitors have so much as one Precedent for it But since 't is so I am glad that was before my time for certainly I am not like to make a Second And I pray do you consider what it may breed in the Issue If all the Children of Noble-men's Daughters that are Marryed to Knights shall challenge the same Privilege in the Vniversity that the Sons of the Noble-men do and with what Power and Discretion the University can give it considering they have not the Privileges with Noble-men's Sons in any other part of the Kingdom besides nor can you at present see what Constructions may be made of it above it being upon the matter the giving of a Precedency The Truth is I would be very glad it were in my Power to gratifie that Honourable Lady without prejudice to the University which I doubt in this Particular cannot be And besides I am perswaded this proceeds from the forwardness of Dr. Mansel and her Kinsman Dr. Glenham and not from her self tho' if it did come from her self I cannot tell what other Answer to give therefore I pray give them the fairest Denial you can Croyden Sept. 20. 1638. W. Cant. WHereas there is an Omission in the Statutes concerning the Examination of the younger sort before they take their Degrees I advised the Vice-chancellor to consult the Heads for a supply of this defect in Statute who did so and sent me word that the Heads had Ordered That all Regents should examine in their Course those only excepted who are dispensed with for their Absence by the Congregation and that every Candidate repulsed as insufficient by Examiners should not be admitted to a second Examination in six Months after To this I gave Answer That they should do well in a Business of such Difficulty and so unpleasing to the young Students and perhaps to the Regents also to have this their Order confirmed in Convocation unless they did find any thing in Statute to make such Order of their binding To the Proctor of Merton-College Mr. Corbet I delivered your Grace's Advice That he should do well to substitute some other to officiate for him at the Communion at the beginning of Terms if the tenderness of his Conscience would not give him leave to conform to such seemly Gestures as are thought fit to be used at that Service His Answer was That he did conform therein at the last Communion the which how true my Predecessor now with your Grace is best able to resolve you I found him I confess more tractable than I expected but since that time he is quite relapsed the Fruit of his Friend 's Mr. Channell 's Sermon wherein among other the like passages he told us That he that does more than Canon requires is as great a Puritan as he that does less By his last Discourse I find him resolved neither to conform nor absent himself without Command which I have assured him already is folly to expect Yet to this purpose he desired me to send you this inclosed Petition a Copy whereof here follows To the Right Reverend Father in God William by the Divine Providence Lord Arch-Bishop of Canterbury his Grace the Honourable Chancellor of the Vniversity of Oxford The Humble Petition of Edward Corbet one of the Proctors of the same Vniversity WHereas your Petitioner was wish'd by Mr. Vice-chancellor in your Grace's Name either to bow towards the Altar at the University Common Prayers or to forbear to officiate He humbly sheweth your Grace that from his Heart he Loveth and Honoureth the Church of England and doth not only rigidly and carefully observe her Doctrine and Discipline but would to the
taken you may have some of the best and choisest Tractats cut out of the Covers and purloin'd as hath been done in some other Libraries Lambeth Nov. 15. 1639. W. Cant. WHilst I was at the Examinations on Saturday Novem. 16. there came into the School a Stranger who seem'd to be of very good Quality for he had three or four Servants attending him There he sat a diligent Auditor for the space of an hour Then went forth and taking Horse at the Gate vanish'd without leaving any possibility of a discovery what he was for there was not any Scholar seen in his Company nor can I find that he did so much as stop at any Inn. What ever the ends of his coming were he cannot but speak well of the Exercise for 't was at that very time singularly well performed Out of his Letters of Novem. 18. 1639. A. Frewen My Judgment upon this was as follows SIR 'T IS a pretty Accident of the Gentleman 's coming to hear the Examinations upon Saturday last And I am heartily glad the Exercise was so good and worthy his Audience But as his coming was unexpected and his departure sudden so we must be contented to leave his Person unknown unless some accident discover it But what say you to this May it be some Jesuit attended with three or four Novices that came to see what this new Business is in the University For why any Gentleman in the Kingdom should come and go in that fashion without so much as saluting the Vice-Chancellor being present upon the place I for my part cannot tell nor do I believe any would so do Lambeth Novem. 20. 1639. W. Cant. IT is strongly presum'd that Mr. Bowden a Divine of Trinity-College hath drown'd himself His Discontent as their Vice-President informs me arose from Contemplation of his Debts to the College which he foresaw he should not be able to clear at their Audit On Thursday Seven-night in the Morning he was met very early going towards New-Parks and hath not been seen since that time A. Frewen The like Passage I had from Dr. Baylie concerning Mr. Bowden which follows ABout the beginning of the last Week one Mr. Bowden Fellow of Trinity-College whom they have suspected for craz'd heretofore after the exchange of some cross words with the President in the Gate betwixt 6 and 7 in the Morn went out of the College and cannot as yet though diligently sought be found It is fear'd that he hath drowned himself Decemb. 2. 1639. Ri. Baylie A Young Man lately Commoner of Wadham-College and expelled thence comes last Night to the Sign of the Greyhound there he puts on a false Name and under that disguise sends for two of the Fellows of that College to whom he bore a grudge to Sup with him They come he seconded by another whom he brought with him for that purpose and Vizarded meets them under our Grove-Wall there they assaulted the naked Scholars and shrewdly wounded them One of them is apprehended and in the Castle the other is fled but known Oxford Dec. 2. 1639. A. Frewen Whereupon I writ to the Vice-Chancellor that he would be careful to do what might be done by Law for the vindicating of the two Fellows and the great wrong done them And that he that was known and fled might be taken FOR your Court-Leet if it be so expenceful as you mention and of so little use since the Vice-Chancellor can do all in his private Chamber without contradiction which he can do in that Court I shall not advise any frequent keeping of it Yet since I writ last my Lord of Berkshire their Steward hath been earnest with me that the Articles of Agreement between the University and the Town might be settled according to Judge Jones his Order and truly I think that were not amiss to take the offer while they are willing For my now Lord of Berkshire presses me to move the Judge to 〈◊〉 it And as far as I remember the stop hath been in the Town it self and neither in the University nor the Judge And tho' their refusing of setting to their Hands were especially concerning the Court-Leet yet I do not think but that all Orders may be agreed to if they please and that yet you need keep that Court no oftner than you think fit your selves According as you write next to me so shall I speak to the Judge about it Lambeth Decemb. 6. 1639. W. Cant. I Am sorry to hear that the Lady Margaret's Reader is so subject to Infirmities And if he continue so weak and full of Relapses I think you shall do well to dispense at least with his diligence the next Term if he gather not strength in the Interim For I would be loth so able and careful a Man should lose himself by taking so much Pains before he enjoy a confirm'd Health which certainly is fit for you and the University to consider especially since you write that he hath been almost every Week this Term at Death's Door Lambeth Decemb. 6. 1639. W. Cant. ON Monday Nov. 18. the Vice-Chancellor sent his Majesty's concerning Ale-Houses to the Mayor and Aldermen Upon the Receipt of them they consulted very privately but yet it was easily known to be about the Contents of that Letter because they enquired how many Ale-Houses were in every Parish And this doubtless they did to see if they could disprove the Information given to his Majesty concerning the number of 300 Ale-Houses within the Town But Dr. Fell Dean of Christ-Church who by my direction looked very narrowly into the Business made his Information good by the Testimony of the Ale-Brewer's Clerk Servant to that College And though this number be extremely too great yet so long as Bakers and Brewers have the power of granting Licenses no Man is like to be denied that will take his Bread of the one and his Ale of the other The Vice-Chancellor presently gave me notice of all this least the Town should inform the Earl of Berkshire their Steward and perhaps untruly and so possess him against the University And it seems they did so For my Lord meeting me at Court spake with me about the business and acknowledged from them but 160 Ale-Houses and that most of these were Privileged Persons and Licensed by the University contrary to their own Promise and Undertaking at the open Sessions but spake nothing of the procuring of the Letter it self which I was very glad of and 〈◊〉 his Lordship that I verily believed he was misinform'd in all particulars as I doubted not but it would plainly appear In the mean time the Vice-Chancellor very discreetly went on to the Reformation of this Scandal to the University in which he proceeded thus First That it might appear he aim'd at the good of the University in the License which he drew up for the future he makes it a Forfeiture of his Recognizance for any Ale-House-keeper
1639. A. Frewen IN the interim hearing that Wilkinson had under-hand gotten a Recommendation from my Lord the Earl of Holland Chancellor of Cambridge and having occasion one day to meet with my Lord I spake to his Lordship about it but my Lord remembred no such thing Yet told me he would speak to his Secretary about the Business and then give me a farther Account Which the very next day he did and confessed unto me that he had given him a Recommendation but thought Wilkinson had come attested from the University And withal his Lordship said that the Reason which he gave him why he went to Cambridge for his Degree was because the Fees were greater in Oxford Upon this his Lordship promised me that he would write to Cambridge that the University should be very careful to keep the Agreement made with Oxford concorning Degrees Lambeth Dec. 26. 1639. W. Cant. CHristmas-day falling upon a Wednesday this Year the Mayor of Oxford stept in before the University Clerks and proclaim'd no Market This he did grounding himself as 't is conceived upon the strength of Justice Jones his Arbitration In the which tho' altogether beside the Question he told the Vice-Chancellor That he thought the Market belong'd to the City tho' the Government of it to the University The Vice-Chancellor doubted not but that he should be able to right the University in this particular Dec. 23. 1639. A. Frewen THE Violence of the Storm on St. John's Night threw down the Battlements over the Room where Your Grace's Manuscripts are billited but did no more hurt Fearing that the Leads might be bruised and a passage through them for the Rain made by the fall I caused it to be throughly search'd and presently repair'd so that now the Books are out of all danger Oxford Jan. 6. 〈◊〉 A. Frewen One John George Deputy-Register to old Mr. Jones petitioned me for a Reversion of the Registership it self of the Vice-Chancellor's Court But I refused him and writ to the Vice-Chancellor to know the Conditions of the Man who sent me word as follows HEartily glad I am that your Grace hath refused this John George for having a Reversion of Mr. Jones's Office For he is a sawcy insolent Companion And should he once come to enjoy the Place in his own Right 't is likely would prove insufferable What yearly Rent he pays for his Deputation or what he is to give for the Resignation I cannot tell Yet thus much I know through the greediness of the Register and Proctors the Court begins to hear ill nor am I able to redress it so fully as I would there being no Table of Fees whereby to regulate them Oxford Jan. 13. 〈◊〉 A. Frewen UPON the Vice-Chancellor's mentioning to me the having no Table of Fees for the regulating of that Court I writ to him to draw me up one and send it me And that then I would consult with the Doctors of the Arches and some well experienced Proctors what Fees might be fittest for such a Court and send it him back perfected to be confirmed in Convocation if it be thought fit Lambeth Jan. 17. 〈◊〉 W. Cant. ON Saturday Jan. 25. died Mr. Robert Burton of Christ-Church who hath given 5 l. per Annum for ever to the University-Library besides a considerable Number of Books to be taken out of his Study And because a Benefactor to the University I was present at his Funeral At our last Examinations we repulsed a Dunce of New-Inn who was not able so much as to give us a difference betwixt Quisquis and Quisque though a Candidate to be Master of Arts. To put an end to the Town 's snarling at us for taking from them the power of Licensing Ale-Houses I last Week cast them out a Bone which hath set them at odds amongst themselves Understanding that some sold Ale without my leave I sent out a Warrant to the Officers in every Parish They finding by it that their Poor should reap the Fruit of their Pains readily obey make a strict search inform and press to have the Penalty exacted which hath bred a strange Distemper amongst them and a strange one it must be that can disjoin them as this hath done in their feud against the University Here follows the Copy of the Vice-Chancellor's Warrant THESE are to require you and every of you immediately upon Receipt hereof to make diligent Inquiry in your Parish after all and every Person and Persons that do take upon them to sell Ale or Beer within your said Parish besides them whose Names are under-written And that you do certifie me who they are and he ready to prove and justifie their selling without License that I may exact thereupon the Penalty of 20s for the use of the Poor of your Parish from each of them so offending Also I require you to make diligent search taking with you a Constable what quantity of Ale or Beer the said Persons have in their several Houses and to inform me what Brewer or Brewers have served the same That I may punish them according to the Law Hereof fail you not as you will answer the contrary at your Perils Given c. Our University Coroner being last Week to sit upon the Body of a Privileged Person drowned near Christ-Church sends his Warrant according as the Statute directs him to the Constable of St. Olave's to warn a Jury He presently consults the Mayor and the Mayor the Town-Clerk the City Oracle and both instruct him to disobey because by their Charter they are exempted from all Service without their Liberties as this Place was though yet within the Parish of St. Olave's which forced us for the present to send into the Country for a Jury which lost time and cost trouble Of the Legality of this their Plea we here are not able to judge yet much suspect that no Exemption in any Charter reaches to Service of this Nature But admit it to be legal yet was it withal uncivil and were not the Times as they are I should e'er long make some of them smart for it And on Friday last I brought one of their Bailists almost upon his Knees for furnishing an unlicensed Tippling-House with Beer And easie 't will be for a Vice-Chancellor if he intend to correct them at any time invenire baculum Oxford Jan. 27. 〈◊〉 A. Frewen AT this time I writ to the Vice-Chancellor to speak to the Heads before Lent begin and to desire them that they would be very careful of their several Companies that the publick Disputations then may be quick and Scholar-like and yet without Tumult And this I left principally upon his Care to look to calling the Proctors to his Assistance I received a Letter this last Week from a Reverend Bishop in this Kingdom in which he complains that Amesius and Festus Hommius though I think before your time have been Reprinted in the University They
Remedy by their Care I will my self 〈◊〉 the King and the State with these foul Sufferances and not stay till Great Men who of late begin to open their Mouths apace complain first of these great Enormities For my own part I have done my utmost And I do very well understand what hurt this may bring to the University in such Times as these But better some hurt than that they should be quite undone And I pray let the Heads know how sensible I am of these foul Disorders in private and how the Publick comes to suffer by them I thank you heartily for making the disorderly Fellow of Trinity-College an Example And for Hull if my Kisman miscarry I shall then expect what the Law will do to him but if he escape yet I hope the Fact being so barbarous and for ought I yet hear without Provocation you will take order when he comes out of the Castle to send him out of the University too by Bannition As for those which you say are suspected to have a hand in this foul Business and are now under Bail I leave you to do to them as proof shall rise against them But I confess I never heard of more than Hull in the Business till I read it in your Letters And the more were in it the worse the Business for then it seems the Outrage was plotted I perceive that the Complaint which I received concerning the Young Earl of Downe was not causless And how strangely soever Dr. Fulham look upon the Business I think it had been well some restraint had been put upon all the Quarrellers so far forth as they had appeared Guilty For Young Noblemen when they are in the University must be kept to a Vniversity Life in some measure or else their Example will spoil the rest Lambeth March 6. 〈◊〉 W. Cant. MR. Justice Jones gave the Vice-Chancellor Thanks openly on the Bench at the last Assizes for his Care and Pains in Reforming the Ale-Houses Sir Francis Windebanke and Sir John Danvers were on Monday March 9th Sworn Burgesses of the Parliament for the University with an unanimous Consent of the whole House Our Nobility here are not kept in such awe the more is the pity as those bred up at Cambridge And here is one Causield an Irish Lord's Son who both Disorders himself and misleads others I think it would be a good Office done to the University to have him removed hence Oxford March 9. 〈◊〉 A. Frewen I Am sorry to hear that the Noblemens Sons which are with you are not kept in so good Order as they should be And more that it should be confessed by you that they are not kept in so good awe as they are at Cambridge for I am sure your Statutes are perfecter than theirs and I dare say you have as much careful Assistance from me in all things as Cambridge hath from their Chancellor And this being undeniably true the fault must needs be among your selves And I protest unto you I knew nothing of any of their Liberty misgiven or misused till about a Fortnight since that I writ to you about the Young Earl of Downe and that now you write to me about Caufield the Son of an Irish Lord. These are therefore to pray and require you at your next meeting with the Heads to let them know that I am very much scandalized at the Liberty which is given to these Young Men and to require of them in whose Colleges or Halls any Noblemens Sons are First That they be as carefully held to all manner of Exercise which they are able to perform as any other whatsoever And Secondly That they be kept in Obedience to all the Statutes within the several Houses respectively as I hope your self will take care for their Observation of the Statutes of the University 'T is true I would have a difference put between Noblemens Sons and others of meaner Condition but that should be in an Honourable Usage of them not in giving them any Liberty at their own hurt and the Dishonour of the University Now whether you will send for all these Young Men to the meeting of the Heads that they may know what Charge I have given concerning them I leave to your self and that which you shall judge fittest upon the place But I would have Young Caufield called and his Tutour and there let it be told unto them and the Head of the House in which he is that if he mend not his Manners he shall not stay there to corrupt others And I do hereby require of you and them That either they keep him in better Order or presently send him away to his Friends And if they do not do the one or the other either you shall banish him the University or I will And to this end I pray send me up the Form of a Bannition to lie by me and Caufield's Christian Name that I may begin with him if there be cause And for the Young Earl of Downe I have written to Dr. Fell to look better to him or I will make him an Example also let his Friends take it as they please Lambeth March 13. 〈◊〉 W. Cant. MR. Sympson a Senior Fellow of Trinity College is by the Statutes of that House urged to proceed Doctor or to resign Their Visitor as Doctor Potter tells me hath herein been consulted who finds only this way to relieve him by having his Grace denied him in the University their being a Clause in their Statute to that purpurpose which I have seen Hereupon they beg a Repulse of me and shall grant it if Your Grace think well of it The Party is poor and so likely to draw more Disrepute on the Degree than it can bring Honour to him March 23. 〈◊〉 A. Frewen SIR I Am inform'd there is an express Mulct set down in the Statute for each Regent to pay that hath forfeited his Cautions in not fulfilling the Duties belonging to his Regency which are creating Generals moderating Quodlibets examining of Candidates and the like These Mulcts as far as I remember are to be gathered by the Proctors and all or some part of them to be accounted for by them to your self and the Delegates at the end of their Office I do not remember that these Duties have been so well accounted for to the University as they ought to be which as it is some Loss to that Body so it is a great Encouragement to the Regents to be slack and careless in the Performance of all those Duties which belong unto them Whereas were they strictly called to an Account for them you should have a far greater performance of all Duties than now there is These are therefore to pray and require you forthwith to acquaint the Proctors with what I have here written and to require them in my Name That at their Accompts they present unto you before the Delegates
to hear so many Soldiers take Oxford in their way but glad withal that you keep the Scholars so well from them that all Disorders may be prevented as you write they have hitherto been Lambeth June 19. 1640. W. Cant. NOtwithstanding the Accident which fell out upon Tuesday June 16th between the Commanders and the Soldiers which was a very mutinous Quarrel in their Drink and cost some Blood Oxford June 22. 1640. A. Frewen ON Friday June 19th a Batchelor of Arts of Magdalen-Hall was found drowned in the River by New-Parks His wide-sleev'd Gown Hat and Band lay on the Bank but the rest of his Cloaths were upon him which makes us much suspect that he wilfully cast away himself The Crowners Inquest hath found him not Mentis compotem And I hear from good Hands that he was much troubled in Mind for which reason at the opening of his Study I mean to observe what Books he used most Oxford June 22. 1640. A. Frewen ON June the 25th 1640. I sent by Dr. Baylie Dean of Sarum and President of St. John Baptist's-College the Conveyances for the perpetual Settling of the Arabick Lecture in Oxford and the Statutes which I made for the due reading of it and desired that those Statutes might by the Vice-Chancellor's care be transcribed into the Original Statute-Book and the Conveyances also according as he finds done with other Lectures given by other Benefactors to the University As also for the transcribing of these Statutes into all other Statute-Books of the University respectively that those which are bound to be Auditors may know both their Times and their Duties These Directions I sent by Dr. Baylie but sent no Letter at this time to the the University because of the hast which I made to have the Business done and to he out of my Hands in these broken Times which gave me no leisure at all from more Publick Affairs to write unto them As for the Evidences which belong to this Land they are all in the Custody of the Town of Redding to which Town I gave all my Land lying in Bray in Berkshire of which this to the Arabick Lecture is not a full fifth part and could not dismember the Evidences and therefore thought it fittest to leave them there where 〈◊〉 〈◊〉 part of the Land was settled to other charitable Uses 〈◊〉 I have made the Vice-Chancellor for the time being with some 〈◊〉 Heads of Colleges perpetual Visitors of that which I have done 〈◊〉 〈◊〉 A Counterpart whereof remains in the Custody of the 〈◊〉 and Fellows of St. John Baptist's College of all which I gave 〈◊〉 present Vice-Chancellor an Account June 25th 1640. W. Cant. Right Honourable YOUR Letters of the Seventh of this June with all Humility we have received And according to Your Lordships Commands therein we have diligently enquired and informed our selves and do find that some Guests being Recusants do resort to the Inn called the Miter and that Greene named in Your Lordship's Letter was presented at the last Sessions for a Popish Recusant but not many Years since he was one of our Serjeants and did then frequent the Church And we finding that he Marrying the late Inn-holder's Widow of the said Inn became Owner thereof during the Minority of his Son-in-Law and by that means it being an ancient Inn of the Inheritance of Lincoln-College he keepeth the same Inn. And touching the Authority and Licensing the said Greene so to do His Majesty's Letters were lately procured and sent to us that we should not meddle in the Licensing of any Person to keep Ale-Houses or Victualling-Houses but that we should leave the same to the Vice-Chancellor and the Justices that were Members of the University And under pretence of that Letter when we in Obedience to His Majesty's Proclamation and his Highness's Writ directed to us for the observing of Lent at the beginning of the last Lent did by Warrant Summon the Victuallers of our own Body only to become bound to His Majesty according to the said Proclamation the Vice-Chancellor sent his Beadles to the Mayor to tell him that the binding of Victuallers did belong to the Vice-Chancellor and not to the Mayor And thereupon the Vice-Chancellor presently made a Warrant to call all the Victuallers before him at another Place one Hour before the time appointed in the Mayor's Warrant And amongst others did take a Recognizance of the said Greene but never certified the same Recognizance not any other Recognizances to the Sessions according to the Law And we make bold to certifie Your Lordships That we have only the Name of Mayor and Magistrates but the Vice-Chancellor Doctors and Proctors do interpose in the Town Affairs That all our Liberties and Privileges are much lessened that of late we had much ado to get Mayor and Bailiffs there being so many that paid their Fines to refuse that the City was at last forced to refuse their Fines and to compel them to take upon them the same Offices Whereas heretofore when we enjoy'd our Liberties and Privileges the same Places were much desired And so hoping that the Premisses considered Your Lordships will not conceive us so careless therein as in Your Lordships Letters is express'd we humbly take leave resting at Your Lordships Service Oxon 15 Junii 1640. John Smith Mayor William Potter Aldermen John Sare Aldermen Henry Southam Aldermen Thomas Cooper Aldermen May it please Your good Lordship ACcording to the Statute of Winchester in the Thirteenth Year of the Reign of our late Sovereign Lord King Edward the First and according to certain Orders and Directions publish'd by the Body of his Highness Privy-Council 1630. A Watch was set by Mr. Mayor and his Brethren with the Consent of the Vice-Chancellor these Rebellious times requiring the same part of which Watch by reason of divers Inrodes and Inlets besides the Gates of the City were appointed by Mr. Mayor to walk about their several Wards and Liberties for the Safety thereof and good Order by which Watch straggling Soldiers and others have been taken and we have been safe But Mr. Proctors question the said Watch and exact of them 40 s. a time for such their walking And for Non-payment thereof threaten to sue them in the Vice-chancellor's Court and send for these Watch-Men very often to their Chambers and make them attend them there and have imprison'd some of the Constables and have laid hold of the Watch-Men and taken some of them to the Prison Gates with an intent to Imprison them and do say that Mr. Mayor cannot give them Power to go from the Gates of the said City And for these Causes Mr. Mayor is forced to discharge the Watch but the Watch in St. Thomas Parish being the Entrance from Farrington where the late Rebellion was he did not discharge and the last Night Proctor Allibond Imprisoned the Constable for setting the same Watch. All this we will prove to be true upon Oath if
me for Assistance according to the Proclamation and are now busie in calling their scatter'd Forces together again Oxford Wednesday the 15th of July 1640. A. Frewen At Whitehall the 22th of July 1640. PRESENT The KING's MAJESTY Lord Arch-Bishop of Cant. Lord Keeper Lord Treasurer Lord Privy Seal Lord Duke of Lenox Lord Marquis Hamilton Lord Admiral Earl of Berks Earl of Holland Earl of Traquare Lord Goring Lord Cottington Mr. Treasurer Mr. Secretary Windebanke Sir Tho. Rowe WHereas His Majesty being present at the Board did this day hear the Complaints of the Mayor Recorder and others of the City of Oxford expressed in two Letters the one of the 15th of June to the Board the other of the 4th of June to the Earl of Berks a Member of the Board concerning their Liberties in the Presence of the Vice-Chancellor and other Doctors of the University and Mr. Allibond one of the Proctors whom the said Complaint did concern After mature Debate it was ordered That the University of Oxford according to his Majesty's Gracious Letter shall have the sole Licensing of Victualling-Houses in that City and Suburbs in like manner as the University of Cambridge hath in the Town of Cambridge And for that purpose it is ordered by His Majesty with advice of the Board That the Commission for the Peace in Oxford shall be renewed and the Vice-Chancellor only made of the Quorum Secondly for the Complaint of the Building of Cottages it is ordered That the Vice-Chancellor and the Mayor shall make several Certificates of all the new Cottages built within Twenty Years and shall distinguish which of them have been built by Privileged Persons upon College Lands and which by Townsmen and which by Privileged Persons upon the Town Wast by their leave Upon return of which Cerficates their Lordships will give such farther Order therein as shall be fit Thirdly it was order'd That his Majesty's Attorney and Sollicitor-General shall examine how the Orders set down by Mr. Justice Jones for preventing of Disputes and Controversies between the University and City of Oxford have been observed and by whom there hath been any defailer therein admitted Upon Certificate whereof their Lordships will take such Order as shall be fit for the due Observance of the same Fourthly it was ordered That according to the Statute of Winchester those to whom it belongeth ought to set Watches at the Gates of the City according to the said Statute and that the said Watch continue there without walking of the Streets or moving from their Station except it be for the suppressing of any sudden Tumult or other Malefactors whereof there is not time to give notice to the Vice-Chancellor and the Proctors of the said University Lastly it is ordered That the Constable committed to Prison shall be delivered but not without paying of Fees After my hearty Commendations DR Frewen hath now born the troublesom Office of the Vice-Chancellorship of that University for the space of two whole Years which is the time now usually given to execute that Office And is certainly weight enough for any Man to bear so long In the discharge of this Office he hath through the whole course of his time carried himself with great Care Moderation and Prudence and that as well in all Businesses which relate to the Town as in those which look more immediately upon the University And among other great Services perform'd by him I cannot forbear to single out one and here publickly to give him Thanks for it even above the rest And that is the great Pains he hath taken and the singular Dexterity which he hath used in bringing the Statutes concerning the Examinations into Use and Settlement Which Statute I dare be bold to say being continued and kept up in the same Vigour to which it is now raised by his Care and Providence will be of such singular use as that for my part I cannot easily tell whether it will be greater Honour or Benefit to that University but sure I am it will be the one by the other if it be kept up to the Life as I hope it shall be Dr. Frewen's time being thus happily spent both for his own Honour and the University's Good the Care now lies upon me to name another to take up that Burthen which he lays down and to go in those steps which he hath trod out before him And I thank God for it there is such Choice of able Men in that Place for this Service that I cannot be to seek whom to name unto it But I have for the present thought upon Dr. Potter Dean of Worcester and Provost of Queen's-College as a Man whom I know to be of great Integrity and Sufficiency for that Place and of whose Care and Industry therein I am very confident To him together with the Office I do more especially recommend the Care of the Examinations in point of Learning and a most strict Watchfulness and Observance against all haunting of Taverns or any other Meetings private or publick which may any way help to suppress the base Sin of Drunkenness the Mother or the Nurse of almost all other Distempers which may bring Obloquy upon that Place These are therefore to let you know that I do hereby nominate and chuse Dr. Potter to be my Vice-Chancellor for this Year ensuing And do hereby pray and require you to allow of this my Choice and to give him all due Respect and Assistance in all things necessary for that Government and more especially in the two Particulars above-named that so Sobriety and good Manners as well as Learning may flourish in that Place And thus not doubting of your readiness and willing Obedience herein I leave both him and you to the Grace of God and rest Lambeth July 24. 1640. Your Loving Friend and Chancellor W. Cant. AND for the future I pray let not the Town so much as begin to lay the Foundation of any Cottage or any other House whatsoever in any Place but send me word of it presently that I may acquaint the Lords with it and command a stay August 3. 1640. W. Cant. UPON a late Warrant from the Deputy-Lieutenants the Mayor hath freshly pressed and set out ten new Soldiers Coat and Conduct-Money for these in their several Parishes was taxed upon all Privileged Persons not only Stationers Apothecaries that trade and use Merchandize who are more liable but upon Doctors Clayton Sanders Bambridge and all Physicians upon Mr. Crosse our Beadle on our Butlers Manciples Cooks who are our immediate Servants and deal not with any Trade All profess themselves very willing to advance His Majesty's Service especially in these base and broken Times Yet they hope by your Grace's Favour to enjoy the benefit of that Privilege which being anciently granted to our University was of late confirmed by His Majesty's Charter and is enjoy'd by the other University At my intreaty all of them in a manner have paid but their
Life time as if God would give a pattern in the first High Priest under the Law what his Successours in some Cases might and in some must do in great and Civil Affairs And not so only but to instruct the Successours of Moses also what value they should put upon Aaron and his Successours if they will follow the way which God himself prescribed and which hath been taken up and followed in all well govern'd Kingdoms as well Christian as Heathen till this very time that this ignorant boisterous Faction hath laboured to bear sway as a learned Country-Man of ours hath observed And therefore though God set the pattern in Aaron yet he continued it farther to shew as I conceive that his Will was it should continue For no sooner was Aaron dead but his Son Eleazar succeeded in all those great Civil employments as well as in the Priesthood For when the People of Israel were come into the plain of Moab near Jerico and were ready to enter into the Land of Promise God himself joyned Eleazar with Moses for the numbring of all the People that were found fit for War which they were to expect at their entrance into Canaan Numb 26. 1 3. In the difficult point of Inheritance for the Daughters of Zelophehad when they came and demanded right of Moses their demand was made to him and Eleazar and the Princes of the Congregation Numb 27. 2. which they would not have done had not Eleazar had a Vote in that Judicature with Moses and the Princes And no less than God himself commanded Moses to declare Joshua to be his Successour in the presence of the Congregation Josh. 17. 4. And orders farther that Joshua shall stand before Eleazar the Priest and that Eleazar shall ask Counsel for him after the Judgment of Vrim before the Lord. Numb 27. 18 19 23. Now I would fain know of this Lord whether Eleazar might give Joshua the Counsel which he asked of God for him If he might not why did God appoint him to ask it for Joshua If he might then he might give Counsel in Temporal Affairs for so runs the Text about the War to be had with the Canaanites At Eleazar's word they should go out and at his word they should come in both Joshua and all the Children of Israel Phineas the Son of Eleazar but Priest too though not High Priest till after his Father's Death was employed by Moses in the War against the Midianites Numb 31. 6. and the Trumpets put into his Hands After the Victory over them the Captains and the Spoil were brought to Moses Eleazar and the chief Fathers of the Congregation to divide them v. 12 26. and an express Law ordained that if there be a matter too hard for them in Judgment I pray mark it 't is between blood and blood between plea and plea between stroke and stroke these are no Ecclesiastical Matters I trow that they should go unto the Priests the Levites and to the Judges that shall be in those days Deut. 17. 8 9. and he that will not hearken unto the Priest and Judge shall die v. 12. Was the Priest here excluded from all Temporal affairs Nay was he excluded from any when his Judgment was required between Blood and Blood Nay the Geneva Note adds here that the Judge was to give Sentence as the Priests counsel him by the Law of God which gives the Priest a greater power than the Judge since he was to follow the Priest's Direction and Dr. Raynolds tells us very learnedly that this Law was made to establish the highest Court of Judgment among that People in which all harder Causes both Ecclesiastical and Civil should be determined without farther Appeal When the People made War and came nigh unto the Battle the Priest was to approach and speak unto them and when he had done the Officers were to speak to them likewise which must needs imply that the Priests which were present were not strangers to some at least of the Counsels of the War Deut. 20. 2 5. and the whole Law the Judicial as well as the rest was delivered by Moses after he had written it unto the Priests the Sons of Levi and unto all the Elders of Israel Deut. 31. 9. so was the Priest trusted with the Custody and in the discussing of the Law and as is before mentioned Eleazar had his Hand in distributing the Land of Canaan to the several Tribes as well as Joshua and the other Elders of Israel Josh. 14. 1. Nay though this were not ordinary and usual yet Eli was so far trusted with and employed in Temporal Affairs as that being High Priest he was also Judge over Israel fourty Years 1 Sam. 4. 18. and after him Samuel a Levite Judged Israel and no Man better Yea and after the Captivity of Babylon also for well near five Hundred Years the Priesthood had the greatest Stroke in the Government as under the Maccabees and they did all that belonged unto them very worthily and it pleased God to make that Family very victorious After Samuel when that People had Kings to Govern them in that great and most unnatural Conspiracy of Absalom against his Father David in that great distress Hushai was ordered by David to return and mix himself with the Counsels of Absalom and to impart all things to Zadoc and Abiathar the Priests that by them and their Sons David might come to know what was useful or necessary for him to do 1 Sam. 15. 27. 32. 35. and Hushai's making no scruple nor reply to this makes it clear that Zadoc and Abiathar were formerly trusted with David's Counsels and that Hushai had observ'd them to be prudent and secret And when David was old he called a kind of Parliament for the settling his Son Solomon in the Kingdom To that great Assembly he gathered together all the Princes of Israel with the Priests and the Levites 1 Chron. 23. 1 2. so far was he from turning their Votes out of the House of that great Consultation that Six Thousand of them were by the Wisdom of that Senate made Officers and Judges throughout the Kingdom v. 4. and this was done on both sides of Jordan in all businesses of the Lord and in the Service of the King 1 Chron. 26. 30 32. In the beginning of Solomon's Reign Abiathar the High Priest was in all the great Counsels of that State but falling into the Treason of Adonijah he was deprived by Solomon and Zadock made High Priest in his Room 1 King 2. 27 35. And when Jehosaphat repaired the decays of that State he set the Priests and the Levites in their right places again according to that Law in Deut. 17. 8 9. and restored to them that Power in Judicature which was by God's appointment settled in them 2 Chron. 19. 8. And that he had relation to that Law is manifest because he pitches almost upon the same words v. 10. as Dr. Raynolds hath observed before
me And Jehoiada the High Priest was the preserver of Joash the right Heir of the Crown against the Usurpations of Athaliah and when he had settled him in his Kingdom though not without Force of Arms and they also ordered by Jehoiada 2 Chron. 23. 8. he was inward in his Counsels and was ruled by him in his Marriage 2 Chron. 24. 2. and he died with this Testimony that this young King did that which was right in the sight of the Lord all the days wherein Jehoiada instructed him 2 King 12. But after his Death you may read what befel Joash 2 Chron. 24. In all the Conduct of this People out of Egypt in which many Temporal Businesses did occur Aaron was joyned with Moses in and through all Thou leadest thy People like sheep saith the Prophet Psal. 77. by or in the Hand of Moses and Aaron The Prophet David was a great Shepherd himself and knew very well what belonged to leading the People and you see he is so far from separating Aaron from Moses in the great work of leading the People that though they be two Persons and have two distinct Powers yet in regard the one is subordinate and subservient to the other they are reputed to have but one Hand in this great Work And therefore in the Original and in all the Translations which render it 't is said in Manu not in Manibus in the Hand not in the Hands of Moses and Aaron So necessary did God in his Wisdom think it that Aaron should be near about Moses in the Government of his People And as the Priests and Levites were great Men in the great Sanhedrim at Jerusalem so were two of them ever in all the lesser Sanhedrims in the several Cities of every Tribe for so Josephus witnesses expresly that two of them were ever allotted to each Magistracy Jeroboam's Sin it was and a great one to make the lowest of the People Priests 1 King 12. 13. and I pray God it be not the Sin of this Age to make the Priests the lowest of the People So by this I think it appears that nothing of like Antiquity can well be more clear than that four thousand years before and under the Law the Priests especially the chief Priests did meddle in and help manage the greatest Temporal Affairs And this as this Honourable Person cannot but know so I presume he was willing warily to avoid For he tells you he shall not need to begin so high Not need And why so Why it is because saith he the Question is only what concerns Bishops as they are Ministers of the Gospel and that which was before being of another Nature can give no Rule to this No Man doubts but this Question in Parliament belongs only to Bishops as they are Ministers of the Gospel nay more particularly than so as they are Ministers of the Gospel in the Church of England only For either this must be said or else granted it must be by this Honourable Lord that the Parliament of England takes upon them to limit Episcopacy through all the Christian World and to teach all States therein what they are to do with their Bishops And this were as bold a part for the English Parliament to do as it is for a private English-man to censure the Parliament And truly for my own part I cannot tell how to excuse the Parliament in this For though in the Act now past there be nothing enacted but that which concerns Bishops and such as are in Holy Orders here because their Power stretches no farther than this Kingdom yet their Aim and their Judgment is general And this appears by the Preface of that Act which runs thus Whereas Bishops and other Persons in Holy Orders ought not to be intangled with Secular Jurisdiction c. Ought not Therefore in their Judgment 't is Malum per se a thing in it felf unlawful for any Man in Holy Orders to meddle in or help manage Temporal Affairs For though their words be Ought not to be intangled which as that word intangled bears sense in English and stands for an absolute hindring of them from the works of their own Calling I grant as well as they yet the Act proceeds generally to divest them of all Power and Jurisdiction in Civil Affairs whether they be intangled with them or not But be it so that this Question belongs to Bishops only as they are Ministers of the Gospel yet why may not the Ancient Usage before the Law and the Law of God Himself give a Rule to this For sure if they can give no Rule in this then can they give no Rule to any thing else under the Gospel that is not simply Moral in it self as well as none to Prelates and their assisting in Temporal Affairs Which Opinion how many things it will disjoynt both in Church and State is not hard to see First then I shall endeavour to make it appear that the practice of pious Men before the Law and the Precept of the Law can give a Rule to many things under the Gospel and then I will examine how and how far those things may be said to be of another Nature which is the Reason given why they can give no Rule in this For the First that they can give a Rule I hope it will appear very plainly For in things that are Typical the Type must praefigure the Antitype and give a kind of Rule to make the Antitype known Therefore in Typical things no Question is or can be made but that the things which were under the Law can give a Rule to us Christians Though this bold Proposition runs universally without excepting things Typical or any other Besides the Priests had a hand in all Temporal Affairs and in matters which were no way Typical but meerly belonging to Order and Government as appears by the Proofs before made And therefore the Jews may be Precedents for Christians which could not possibly be if they could give us no Rule Nor is this any new Doctrine For that ancient Commentary under the Name of St Ambrose tells us expresly that that which is mentioned by St. Paul 1 Cor. 14. 30. is a Custom of the Synagogue which he would have us to follow And as this Doctrine is not new so neither is it refused by later Writers and some of them as Learned almost as this Lord. For that which was ordered 1 Chron. 23. 30. that they should stand every Morning and Evening to thank and praise the Lord is precedent enough to presume that the like is not against the Law of God And Calvin speaks it out expresly In regard saith he that God himself instituted that they should offer Sacrifice Morning and Evening inde colligitur it is thence collected plainly that the Church cannot want a certain Discipline So here the Jews Discipline gives an express Rule to us And it is very learnedly and truly observed by a late Writer
of Ours That there is no such Light to the true meaning of Scripture as the Practice of matters contained in it under the Synagogue and in the Church afterwards Now what Light can we possibly receive from the Synagogue if those things which were before can give no Rule to us Besides for ought I know of this Lord's Religion he may brand all the Old Testament as deeply as the Manichees did of old or go very near it if it can give no Rule and so be of no use to Christians St. Augustine was of another Mind through all his Books against Faustus the Manichee And St. Ambrose most expresly and very frequently recommended this tanquam Regulam as a Rule to the People And in this very Case of Episcopacy Clemens Romanus tells us There is a kind of Parallel between Bishops Presbyters and Deacons in the one and High Priests Priests and Levites in the other Church And St. Jerom speaks it out that such as Aaron and his Sons and the Tribe of Levi were in the Temple the same are Bishops Presbyters and Deacons in the Church of Christ. And this they might justly challenge to themselves and make it a Rule But 't is time to proceed to other Particulars In the Case of Tythes we find that they were due Jure Divino by Divine Right to the Priests under the Law and some were paid before the Law no Man doubts but many will not grant that there is any Divine Right commanding or ordering them to be paid to the Priests under the Gospel Yet this is undeniable that Tythes have been paid to the Ministers under the Gospel in all or most parts of Christendom for many Hundreds of Years together and God be thanked the Payment continues yet in some Places What was it then if not Divine Right that gave the Rule to Christians for this kind of Payment but the Practice before the Law and the Precept under it Shall we say here as this Lord doth That what was before can give no Rule to this Now God forbid The whole Christian World thought otherwise And whatsoever becomes of the Controversie about Tythes yet this is certain that the Ministers of the Gospel ought to have a liberal and free Maintenance Men whom they serve in and for Christ must not open their Mouths too often to preach and muzzle them whom they should feed And the Rule for this is given by the Law for it is written in the Law of Moses Thou shall not muzzle the Mouth of the Ox that treads out the Corn. Doth God take care for Oxen or saith he it altogether for our sakes For our sakes no doubt this is written 1 Cor. 9. 9. And yet how many of these Oxen are poorly shuted and in a manner muzzel'd is evident enough How comes this to pass How Why surely the Apostle St. Paul was utterly deceived here ask my Lord else for he proves this point of their Maintenance because 't is so written in the Law of Moses whereas that Law which was before can give no Rule to this Again The Lord himself hath ordained so saith St. Paul v. 14. that they which preach the Gospel should live of the Gospel Not starve by the Gospel but live upon it live plentifully and decently But by what Rule did the Lord himself proceed in this If his Will had been his Rule no Rule so strait it could not but have been just But St. Paul tells us there v. 13. that God himself proceeded by another Rule Do ye not know saith he that they which minister about Holy things live of the things of the Temple and they which wait on the Altar are partakers with the Altar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even so hath the Lord ordained Just so That as the Priests and Levites under the Law did wait on the Altar and live by it so must they who preach the Gospel by the Gospel Just so Why then how did the Priest under the Law live 'T is set down at large Deut. 18. 1. Numb 10. 9. and a very full Portion they had so full as that they might have no Inheritance amongst their Brethren the Lord's Portion which was made theirs was so great yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so the Lord ordained for the Ministers of the Gospel Press this a little farther and 't will come to the quick The Priests and Levites under the Law besides their partaking with the Altar had the Tythes of all duly paid them Will not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reach to this too If so then 't is clear in the Text that the Lord himself ordained payment of Tythes to the Ministers of the Gospel For the ordained that the Ministers of the Gospel should live of the Gospel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 just as the Priests under the Law did of the Altar I will not be peremtory in this sense of the Text yet I would have it well considered And howsoever that a free and plentiful Certain Maintenance is the Ordinance of the Lord himself is by this Text as clear as the Sun Now this Lord should do well to tell St. Paul that either he mistook the Lord's Ordinance or if he did not that then the Lord himself was mistaken in so ordaining for the Ministers of the Gospel because what was before can give no Rule to this Farther yet you may see the Vanity the Nothing of this bold Assertion in other particulars beside the Case of Tything For if neither the State of Man before the Law nor the Law it self can give any Rule in things of this kind to us that live under the Gospel then there is nothing in God's Law that can give a Rule to us but that a Man may remove his Neighbour's Land-mark he may lead the Blind out of the way he may smite his Neighbour so it be secretly he may marry in many Degrees of Consanguinity and what may he not For all these and many things more are prohibited only in the Law Deut. 27. Levit. 18. But that going before can give no Rule to these Now the Apostle tells us 1 Cor. 10. 6 11. That those things were our Examples and written for our admonition And he speaks of things before and under the Law And more generally Rom. 15. 4. Whatsoever things were written aforetime were written for our Learning Now learn well and certainly we cannot but by Rule and therefore most manifest it is that those things which were before can give us Rules whatsoever is here said to the contrary Two things there are which work much with me why this Lord should say that the things which were before and under the Law can give no Rule in this And if not in this then not in things like to this The one is the Power which Kings have in their several Dominions over the external Government and Polity of the Church The Apostle's Rule goes in the general only Let every Soul be subject Rom. 13.
1. But the Rule drawn down to particulars is from the the commended Practice of the Kings of Juda under the Law Now if these can give us no Rule then we have none at all brought down to particulars wherein that Power consists And here this Lord being a known Separatist from the Church of England as appears most manifestly by another Speech of his Lordship 's in Parliament and printed with this separates I doubt from her Doctrine too and will not could he speak out with safety allow Kings any Power at all in Church Affairs more than to be the Executioners to see the Orders of their Assemblyes executed in such things as they need the Civil Sword And therefore he doth wisely in his generation to say That the things which were before can give no Rule in this The other is that there is of late a Name of Scorn fastned upon the Brethren of the Separation and they are commonly called Round-heads from their Fashion of cutting close and rounding of their Hair A Fashion used in Paganism in the times of their Mournings and sad occurrences as these seem to do puting on in outward shew at least a sowr Look and a more severe Carriage than other Men. This Fashion of Rounding the Head God himself forbids his People to practise the more to withdraw from the Superstitions of the Gentiles Ye shall not round the Corners of your Heads Lev. 19. 27. This express Text of Scripture troubled the Brownists and the rest extreamly and therefore this Lord being a great favourer of theirs if not one himself hath thought upon this way to ease their minds and his own For 't is no matter for this Text nor for their resembling Heathen Idolaters they may round their Heads safely since those things which were before can give no Rule in this And I do not doubt but that if this World go on the dear Sisters of these Rattle-heads will no longer keep silence in their Churches or Conventicles since the Apostle surely is deceived where he saith that Women are not permitted to speak in the Churches because they are to be under Obedience as also saith the Law 1 Cor. 14. For the Law and those things which were before can give no Rule in this and therefore they shall not need to go as high as Adam to answer this They shall not need in this nor we in that of Episcopacy go so high as Adam But yet we may if we will for so high the Apostle goes in this place And I thank this Lord for that Liberty if he means so well that though we need not go so high yet we may if we list And this is most certain that any State Christian may receive all or as much of the Judicial Law of Moses as they please and find fit for them and as much of the Ceremonial as detracts not from Christ come in the Flesh. And since all Law is a Rule this could not be done if those Laws being before could be no Rule to us This is proof enough as I conceive that these things which were before can give a Rule to us now under the Gospel My Lord thinks not so for this Reason Because they are of another Nature Secondly therefore the Reason comes to be examined Wherein I shall weigh two things First Whether the Law of Moses and the Gospel of Christ are things of another Nature and how far And Secondly Whether this be universally true that among things of another Nature one cannot give a Rule to another 1. For the first I shall easily acknowledge a great deal of difference between the Law and the Gospel They differ in the Strictness of the Covenant made under either They differ in the Sacraments and Sacramentals used in either They differ in the Extent and Continuance of either They differ in the Way and Power of justifying a Sinner and perhaps in more things than these And in these things in which they thus differ and qua as they so differ the Law can give no Rule to Christians but whether these differences do make the Law and the Gospel things of quite another Nature which are the words here used I cannot but doubt a little First because more or less strictness doth not vary the Covenant in Nature though it doth in Grace for Magis Minus non variant speciem More or Less in any thing does not make a specifical Difference and therefore not in Nature And use of different Sacraments do not make things to be of another Nature where Res Sacramenti the Substance of the Sacrament is one and the same And so 't is here For one and the same Christ is the Substance of Circumcision and the Pascal Lamb as well as of Baptism and the Eucharist For our Fathers under the Law did all cat the same spiritual meat and did all drink of the same spiritual drink for they drank of that spiritual Rock that followed them And that Rock was Christ 1 Cor. 10. 3 4. And much less can Extent or Continuance vary Nature Not Extent for Fire contained in a Chimny and spread miserably over a City is one and the same in Nature Not Continuance for then a Father and his Son should not be of the same Nature if the one live longer than the other And as for the way and Power of Justification they difference the Law and the Gospel not so much in their Nature as in their Relation to Christ who alone is our Justification 1 Cor. 1. 30. and was theirs also who lived under the Law for both they and we were and are justified by the same Faith in the same Christ. And this seems to me very plain in Scripture For to this day saith the Apostle the Vail remains upon the Jews in the reading of the Old Testament which Vail is done away in Christ but we all with open Face behold as in a glass the Glory of the Lord 2 Cor. 3. 14 18. So one and the same Christ is in the Old Testament as well as in the New Not so plainly but there though under a Vail Now a Vail on and a Vail off a dimmer and a clearer sight in and by the one than by the other do in no case make the things of another Nature Again We find it expresly written Gal. 3. 24. That the Law was our School-master to bring us to Christ that we might be justified by Faith Our School-master therefore it must needs be able to give Rules unto us or else it can never teach us And the Rules it gives are very good too or else they can never bring us unto Christ that we may be justified by Faith which to do St. Paul here tells us is the End of the Law 's Instruction And this Instruction it could not so fully give if this School-master were so of another Nature as that it could not give us a Rule in this Besides the Type and the Antitype the Shadow and the Substance
by Consequence Six of the Tribe of Levi and so the High Priest might be always one and a chief in that great Court which had Cognizance of all things in that Government And their Functions as they are Ministers of the Gospel is no more inconsistent with these things than the Levitical Preisthood was For beside their Sacrificing they were to read and expound the Law as well as we the Gospel For so it is expresly set down Deut. 33. 10. They that is the Tribe of Levi shall teach Jacob thy Judgments and Israel thy Laws So that medling with Temporal Affairs was as great a Distraction to them from their Calling as from ours and as inconsistent with it and so as hurtful to their Consciences and their Credits And would God put all this upon them which this Lord thinks so unlawful for us if it were so indeed But this Lord goes yet farther and tells us that these things are such as have ever been and will ever be hurtful to themselves and make them hurtful to others in the times and places where they are continued Good God! what fools we poor Bishops are as were also our Predecessours for many hundred years together that neither they nor we could see and discern what was and is hurtful to our selves nor what then did or yet doth make us hurtful to others in times and places where they are continued to us And surely if my Lord means by this our medling in Civil Affairs when our Prince calls us to it as I believe he doth I doubt his Lordship is much deceived For certainly if herein the Bishops do their Duties as very many of them in several Kingdoms have plentifully done they cannot hurt themselves by it and to others and the very Publick it self it hath occasioned much good both in Church and State But now my Lord will not only tell us what these things are but he will prove it also that they are hurtful to us And these things alone says my Lord this Bill takes away that is their Offices and Places in Courts of Judicature and their Employment by Obligation of Office in Civil Affairs I shall insist upon this to shew First how these things hurt themselves and Secondly how they have made and ever will make them hurtful to others These things then you see which are so hurtful and dangerous to Bishops themselves and make them as hurtful to others are their Offices and Places in Courts of Judicature and their Employment by Obligation of Office in Civil Affairs Where First for Offices I know no Bishop since the Reformation that hath been troubled with any but only Dr. Juxon when Bishop of London was Lord High Treasurer of England for about Five Years And he was made when the King's Affairs were in a great strait and to my knowledge he carried so that if he might have been left to himself the King might have been preserved from most of those Difficulties into which he after fell for want of Money As all Kings shall be hazarded more or less in some time or other of their Reign and much the more if their Purses be empty and they forced to seek Aid from their Subjects And this as 't is every where true yet 't is most true in England As for Places in Courts of Judicature the Bishops of England have ever sat all of them in Parliament the highest Court ever since Parliaments were in England And whatsoever is now thought of them they have in their several Generations done great Services there And as I conceive it is not only fit but necessary they should have Votes in that great Court howsoever the late Act hath shut them out and that Act must in time be repealed or it shall undoubtedly be worse for this Kingdom than yet it is The Bishops sat in no other Courts but the Star Chamber and the High Commission And of these the High Commission was most proper for them to sit and see Sin punish'd For no Causes were handled there but Ecclesiastical and those such as were very heinous either for the Crime it self or the Persons which committed it being too great or too wilful to be ruled by the inferiour Jurisdictions As for the Star Chamber there were ordinarily but two Bishops present and it was fit some should be there For that Court was a mix'd Court of Law Equity Honour and Conscience and was compos'd of Persons accordingly from the very Original of that Court. For there were to be there two Judges to take care of the Laws and two Bishops to look to the Conscience and the rest Men of great Offices or Birth or both to preserve the Honour and all of them together to maintain the Equity of the Court. So here were but two Bishops employ'd and those only twice a Week in Term time As for the Council Table that was never accounted a Court yet as Matters Civil were heard and often ended there so were some Ecclesiastical too But the Bishops were little honoured with this Trouble since the Reformation For many times no Bishop was of the Council-Table and usually not above two Once in King James's time I knew Three and once Four and that was was the highest and but for a short time And certainly the fewer the better if this Lord can prove that which he says he will insist upon that those things are hurtful to themselves and make them hurtful to others And to do this he proceeds They themselves art hurt thereby in their Conscience and in their Credits In their Conscience by seeking and admitting things which are inconsistent with that Function and Office which God hath set them apart unto His Lordship begins with this That the Bishops are hereby hurt both in their Consciences and their Credits Two great hurts indeed if by these things they be wounded in their Consciences towards God and in their Credits before Men. But I am willing to hope these are not real but imaginary hurts and that this Lord shall not be able to prove it otherwise Yet I see he is resolved to labour it as much as he can And first he would prove that these things and not the ambitious seeking of them only but the very admitting of them though offer'd or in a manner laid upon some of them by the Supream Power are hurtful to their Consciences because they are inconsistent with the Function to which God hath set them apart But I have proved already that they are not inconsistent with that Function and so there 's an end of this Argument For Bishops without neglect of their Calling may spend those few Hours required of them in giving their assistance in and to the forenamed Civil Affairs And 't is well known that S. Augustin did both in great Perfection so high up in the Primitive Church and in that Great and Learned Age For he complains that he had nor Fore-noon nor After-noon free he was so held to it Occupationibus
to be understood of another Kingdom and that this Text meddles with no Temporal either Offices or Employments but that by occasion of this our Saviour preaches Humility to them yet so as still to keep up Authority and Government in the Church to which he applies it And for that other parallel Place be ye not called Rabbi S. Matth. 23. 8. that cannot prejudice all Juridiction in Men in Holy Orders as if to meddle with it were forbidden by Christ or as if it were Antichristian as now 't is made since it is plain that Christ there forbids neither the Title nor the Preheminence nor the Authority but the Vain-glorious Affectation of it ver 5 6. and that 's a Sin indeed no Man doubts And it may be observed too if this Lord pleases that this Precept was given to the People too as well as to the Disciples ver 1. and then for ought I know this Truth will come in as strongly to pull down Temporal Lords as Bishops and what will his Lordship say to that As for that which is added by this Lord If ye strive for Greatness he shall be greatest who is the greatest Servant to the rest Though the words differ somewhat from the Text yet my Lord must be content to hear that there is a twofold Greatness the one in God's account and that 's Greatness indeed And so our Saviour means it here that he is Greatest who is the greatest Servant to the rest if this Lord will needs read it so The other is in Man's account when one Man hath Power and Superiority over another and which was that which the Apostles affected In which case though our Saviour's Precept be Whosoever will be great among you let him be your Servant that is the more serviceable to you and the Church the greater he is yet these words it shall not be so with you do not deny this Authority or Greatness which one may have over another in the Church of Christ for the necessary Government thereof though they neither do nor may Domineer over their Brethren And therefore where St. Matthew reads it he that will be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 first among you there St. Luke hath it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greater and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chief or Leader Nor doth he say so as St. Matthew does he that would be so but he that is which argues clearly that even in our Saviour's own account and Institution too there was then and should be after his Ascension greater and less such as were to lead and such as were to be led No Parity and yet no barbarous Lording but orderly and Christian Governing in the Church And this must needs be so or else Christ lest his Church in a worse Condition than this Lord acknowledges the Civil Governments were among the Heathen which he says might lawfully govern so For I hope he will not say that even the Heathen might tyrannize If this be not sufficient this Lord puts us in mind that our Saviour says in another place That he which lays his hand to the Plough and looks back to the things of this World is not sit for the Kingdom of God that is the Preaching of the Gospel as 't is usually called St. Luke 9. ult Where first it may be doubted whether this laying of the hand to the Plough belong to the Ministers of the Gospel only or to others also For if it belongs to others as well as to them though perhaps not so much then no Christian though he be not a Minister may have to do with Worldly Affairs and then we shall have a devout wise World quickly Secondly it may be doubted too whether this looking back be any kind of meddling at all with worldly Affairs or such a meddling as shall so entangle the Husbandman that his Plough stands still or so bewitches him that he forsakes his Plough that is his Calling altogether If it be no meddling at all no Man can live if it be no meddling but that which entangles then any Minister may meddle with Worldly Affairs so far and so long as he entangles not himself with them And so far as to entangle himself no Christian may meddle that will live Godly in Christ Jesus If this be not sufficient this Lord will prove it e'er he hath done for he goes on To be thus withdrawn by entangling themselves with the Affairs of this Life by the Necessity and Duty of an Office receiv'd from Men from the Discharge of that Office which God hath called them to brings a Woe upon them Woe unto me saith the Apostle if I Preach not the Gospel What doth he mean If I Preach not once a Quarter or once a Year in the King's Chapel No. He himself interprets it preach the Word be instant in season and out of season rebuke exhort or instruct with all long-Suffering and Doctrine He that hath an Office must attend on his Office especially this of the Ministery I see my Lord will not mend his Terms though they marr the Sense and mislay the Question For no Man says that which this Lord so often repeats namely that a Bishop or any other Clergy-Man may entangle himself with the Affairs of this Life which yet may be with Covetousness and Voluptuous Living as much or more than with being called to Council in Civil Affairs by any Office received from Man from the discharge of that Office which God hath called them unto No! God forbid this would bring a Woe upon them indeed But since no Man says it this Lord fights here with his own Shadow For all that is said is this that a Bishop being grown old and full of Experience if the King or the State in which he lives thinks him for his Wisdom Experience and Fidelity fit to be employed in Civil Councils or Affairs be it with an Office or without the Bishop may lawfully undertake this so he be able to discharge it without deserting the Office which God and his Church have laid upon him But if he takes it and be not able to discharge both or being able doth loiter and not discharge them either of these is Vitium Hominis the fault of the Person but the thing is lawful As for the place of Scripture which his Lordship adds I doubt his Lordship understands it not as the Apostle means it for 't is a Text very much abused by ignorant Zeal For when he saith Woe unto me if I preach not the Gospel 1 Cor. 9. 16. what doth he mean if he Preach not once a Quarter No sure that 's too seldom What then if he Preach not once a Year in the King's Chapel No sure much less For in those days there was no King in Corinth nor any where else that was Christian to have a Chapel to Preach in So this Lord might have let this Scorn alone had it so pleased him No nor is it
never move His Majesty directly or indirectly for that Honour and was surprized with it as altogether unlooked for when His Majesty's Resolution therein was made known unto him Nor ever did that Bishop take so much upon him as a Justiceship of the Peace or meddle with any Lay-Employment save what the Laws and Customs of this Realm laid upon him in the High Commission and the Star-Chamber while those Courts were in being and continued Preaching till he was Threescore and four and then was taken off by Writing of his Book against Fisher the Jesuit being then not able at those Years to continue both And soon after the World knows what trouble befel him and in time they will know why too I hope Besides the Care of Government which is another part of a Bishop's Office and a necessary one too lay heavy upon him in these Factious and broken Times especially And whatsoever this Lord thinks of it certainly though Preaching may be more necessary for the first planting of a Church yet Government is more noble and necessary too where a Church is planted as being that which must keep Preaching and all things else in order And Preaching as 't is now used hath as much need to be kept in order as any even the greatest Extravagance that I know Nor is this out of Christ's Commission Pasce Oves John 21. 15. for the feeding of his Sheep For a Shepherd must guide govern and defend his Sheep in the Pasture as well as drive them to it And he must see that their Pasture be not tainted too or else they will not thrive upon it And then he may be answerable for the Rot that falls among them The Rhetorick goes farther yet To contend for sitting at Council Tables to govern States No but yet to assist them being called by them To have States-Men instead of Church-Men No but doing the Duty of Church-Men to mingle pious Counsels with States-Mens Wisdom To sit in the highest Courts of Judicature And why not in a Kingdom where the Laws and Customs require it Not to be employed in making Laws for Civil Polities and Government And I conceive there is great Reason for this in the Kingdom of England and greater since the Reformation than before Great Reason because the Bishops of England have been accounted and truly been grave and experienced Men and far fitter to have Votes in Parliaments for the making of Laws than many young Youths which are in either House And because it is most fit in the making of Laws for a Kingdom that some Divines should have Vote and Interest to see as much as in them lies that no Law pass which may perhaps though unseen to others intrench upon Religion it self or the Church And I make no doubt but that these and the like Considerations settled it so in England where Bishops have had their Votes in Parliaments and in making Laws ever since there were Parliaments yea or any thing that resembled them in this Kingdom And for my part were I able to give no Reason at all why Bishops should have Votes in Parliament yet I should in all Humility think that there was and is still some great Reason for it since the Wisdom of the State hath successively in so many Ages thought it fit And as there is great Reason they should have Votes in making Laws so is there greater Reason for it since the Reformation than before For before that time Clergy-Men were governed by the Church Canons and Constitutions and the Common Laws of England had but little Power over them Then in the Year 1532. the Clergy submitted and an Act of Parliament was made upon it So that ever since the Clergy of England from the Highest to the Lowest are as much subject to the Temporal Laws as any other Men and therefore ought to have as free a Vote and Consent to the Laws which bind them as other Subjects have Yet so it is that all Clergy-Men are and have long since been excluded from being Members of the House of Commons and now the Bishops and their Votes by this last Act are cast out of the Lord's House By which it is at this Day come to pass that by the Justice of England as now it stands no Clergy-Man hath a Consent by himself or his Proxy to those Laws to which all of them are bound In the mean time before I pass from this Point this Lord must give me leave to put him in mind of that which was openly spoken in both Houses that the Reason why there was such a Clamour against the Bishops Votes was because all or most of them Voted for the King so that the potent Faction could not carry what they pleased especially in the Vpper House And when some saw they could not have their Will to cast out their Votes fairly the Rabble must come down again and Clamour against their Votes not without danger to some of their Persons And come they did in Multitudes But who procured their coming I know not unless it were this Lord and his Followers And notwithstanding this is as clear as the Sun and was openly spoken in the House that this was the true Cause only why they were so angry with the Bishops Votes yet this most Godly and Religious Lord pretends here a far better Cause than this namely that they may as they ought carefully attend to the Preaching of the Word and not be distracted from that great Work by being troubled with these Worldly Affairs And I make no doubt but that the same Zeal will carry the same Men to the devout taking away the Bishops and the Church Lands and perhaps the Parsons Tythes too and put them to such Stipends as they shall think fit that so they may Preach the Gospel freely and not be drawn away with these Worldly Affairs from the principal Work of that Function Well! my Lord must give me leave here to Prophesie a little and 't is but this in short Either the Bishops shall in few Years recover of this Hoarseness and have their Honour and their Votes in Parliament again or before many Years be past all Baseness Barbarity and Confusion will go near to possess both this Church and Kingdom But this Lord hath yet somewhat more to say namely that If they shall be thought fit to sit in such Places and will undertake such Employments they must not be there as ignorant Men but must be knowing in Business of State and understand the Rules and Laws of Government and thereby both their Time and Studies must be necessarily diverted from that which God hath called them unto And this surely is much more Vnlawful for them to admit of than that which the Apostles rejected as a distraction unreasonable for them to be interrupted by Why but yet if they shall be thought fit to sit in such Places and will undertake such Employments what then Why then they must not sit there as ignorant Men
but they must be knowing Men and understand the Rules and Laws of Government This is most true and if any Man sit in those places as an Ignorant 't is an ill Choice that is made of him and he doth not well that accepts them But sure if Bishops sit there as Ignorants they are much to be blamed For if they spend their younger Studies before they meddle with Divinity as they may and ought sure there is some great Defect in them if they be not as knowing Men in the Rules of Government as most Noblemen or others are who spend all their younger time in Hawking and Hunting and somewhat else And this younger time of theirs if Bishops have spent as they ought they may with a little Care and Observation and without any great Diversion of their Time and Studies from that which God hath called them unto perform those Places with great Knowledge and much Happiness to the States in which they serve as hath formerly in this and doth at present in other Neighbouring States appear And for ought this Lord knows if some Counsels had been followed which some Bishops gave neither the King nor the State nor the Church had been in that ill Condition in which they now are Nor are these Places more Unlawful for Bishops to admit of in these Times and Conditions of the Church than that which the Apostles rejected as a Distraction but not as an unreasonable one in those Times and Beginnings of Christianity as is proved before But the Zeal of this Lord burns still and as it hath fired him already out of the Church and made him a Separatist so it would now sire the Bishops out of the State and make them Members of Antichrist His Lordship goes on therefore and as before he told us the Practice of the Apostles was answerable to the Doctrine of Christ so here he tells us again The Doctrine of the Apostles is agreeable to their Practice herein For St. Paul when he instructs Timothy for the Work of the Ministery presseth this Argument from the Example of a good Soldier No Man that warreth entangleth himself with the Affairs of the World The Doctrine of the Apostles is agreeable indeed to their Practice herein and in all things else and I would to God with all my Heart this Lord's Opinions were agreeable to either their Practice or their Doctrine and then I am sure he would be a better Soldier for Christ than this poor Church hath cause to believe he is But his Lordship says that Paul when he instructs Timothy for the Work of the Ministery presseth this Argument from the Example of a good Soldier That no Man that warreth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 entangles himself with the Affairs of the World The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies involvere permiscere se to involve and as it were throughly to mingle himself with that which he undertakes to be so busied ut extricare se non possit that he cannot untwist himself out of the Employment And I easily grant that no good Christian much less any good Bishop may so entangle himself with the World as either to Desert his Calling or to be so distracted from it as not to do his Duty in it But this bars not all meddling with it For the Geneva Note upon that place says plainly he may not extangle himself no not so much as with his Houshold and other ordinary Affairs But then if he shall not meddle with or take care of these at all he may beg or starve unless he have better Means than the Competency which this Devout Age thinks sufficient for the Ministery Nay which is more he may by so doing fall under that heavy Sentence of the Apostle 1 Tim. 5. 8. That if he provide not for his own he hath denied the Faith and is worse than are Insidels Nay which is yet more if all meddling with Temporal Affairs all Care of the World be an Entanglement the Clergy must needs be in a Perplexity whatsoever they do For if they meddle with any Worldly Business and entangle themselves they do that they ought not 2 Tim. 2. 4. And if they do not meddle with Worldly Affairs and so do not provide for their own and provide they cannot without some meddling Then for sear of this Lord 's sowr Divinity that all meddling with is entangling in them they are worse than Infidels Now a Perplexity which shall wrap a Man up in Sin which way soever he sets himself to Action is so contrary to Divine Justice as that no Law or Scripture of God can command it nor any right Reason of Man approve it But examining this Text farther I find two things more observable The one that the Soldier here whose Example is the ground of this Argument is not bound under Pain of any Sin not to busie himself with the Affairs of this Life but he doth it not saith the Text to the end he may please him whose Soldier he is So then if any Man the better to please God forbears this Employment and his Conscience and Love to his Calling be his Motives so to do he does well But if another Man who hath no scruple in himself and finds he can do both without an Entanglement by the one to the prejudice of the other and thereupon be so employ'd for ought I know he doth not sin The other is perhaps this Lord may find that St. Paul here in this place instructs Timothy not so much for the Work of the Ministery as here he affirms as for the general Work of Christianity For Ver. 1. he exhorts to Constancy and Perseverance that he be strong in the Grace which is in Jesus Christ. And then this Argument falls upon other Christians as well as upon Ministers though not so much And then I hope this Lord who is so careful for our Spiritual Warfare will take some care of his own also if the great care which he takes at this present for the Militia of the Kingdom entangles him not But his Lordship is now come to conclude this Point I conclude That which by the Commandment of our Saviour by the Practice and Doctrine of the Apostles and I may add by the Canons of ancient Councils grounded thereupon is prohibited to Ministers of the Gospel and shewed to be such a distraction unto them from their Calling and Function as will bring a Woe upon them and is not reasonable for them to admit of if they shall notwithstanding entangle themselves withal and enter into it will bring a Guilt upon their Souls and hurt them in respect of their Consciences His Lordship is now come so he tells us to conclude this Point and in this Conclusion he artificially sums up and briefly all his Arguments I shall as briefly touch at my Answers before given and stay upon nothing unless I find somewhat new This done I shall wait upon him for that 's his desire Clergy-Men
would have suffered him to take that place upon him so contrary to the command of Christ and the Practice of the Apostles if it had been so indeed Or would they have suffer'd their Preachers which then attended their Commissioners at London not only to meddle with but to preach so much temporal Stuff as little belonged to the Purity of the Gospel had they been of this Lord's Opinion Surely I cannot think it But let the Bishops do but half so much yea though they be commanded to do that which these Men assume to themselves and 't is a venture but it shall prove Treason against the Fundamental Laws of the Kingdom and an endeavouring to bring in an Arbitrary Government Well! I 'll tell you a Tale. There 's a Minister at this day in London of great Note among the Faction well esteem'd by this Lord and others of this Outcry against the Bishops Votes in Parliament and their meddling in Civil Affairs this Man I 'll spare his Name being pressed by a Friend of his how he came to be so eager against the Church of which and her Government he had ever heretofore been an Upholder and had Subscribed unto it made this Answer Thou art a Fool thou knowest not what it is to be the Head of a Party This Man is one of the great Masters of the present Reformation and do you not think it far more inconsistent with his Ministerial Function to be in the Head of a turbulent Faction to say the least of them than for a Bishop to meddle in Civil Affairs Yet such is the Religion of our Times But 't is no matter for all this his Lordship hath yet more to say against the Ambition of the Prelates For Their Ambition and intermeddling with Secular Affairs and State Business hath been the cause of shedding more Christian Blood than any thing else in the Christian World and this no Man can deny that is versed in History This is the same over and over again saving that the Expression contains in it a vast Untruth For they that are versed in History must needs say 't is a loud one that Bishops meddling in Temporal Affairs hath been the cause of shedding more Christian Blood than any thing else in the Christian World What a happiness hath this Lord that his pale Meagerness cannot blush at such thing as this Yea but he will prove it here at home in this Kingdom For says he We need not go out of our own Kingdom for Examples of their Insolency and Cruelty When they had a dependency upon the Pope and any footing thereby out of the Land there were never any that carryed themselves with so much Scorn and Insolency towards the Princes of this Kingdom as they have done Two of them the Bishop that last spake hath named but instances of many more may be given whereof there would be no end 'T is true indeed we need not go out of our own Kingdom for Examples of their Insolency and Cruelty For in so many Ages 't is no wonder in any Kingdom to find some bad Examples be it of Insolency Cruelty or what you will Especially in the midst of so much Prosperity as accompanied Clergy-Men in those times But 't is true too that there are far more Examples of their Piety and Charity would this Lord be pleased to remember the one with the other As for their bad Examples his Lordship gives a Reason why not all but some of them carryed themselves with so much Scorn and Insolency towards their Princes even with almost as much as this Lord and his Faction carry themselves at this day towards their mild and gracious King And the Reason is a true one it was their dependency upon the Pope and their footing which thereby they had to subsist out of the Land which may and I hope will be a sufficient warning to his Majesty and his Successours never to let in again a foreign Supream Power into any of his Dominions For 't is to have one State within yet not dependent upon the other which can never be with Safety or Quiet in any Kingdom And I would have the World consider a little with what Insolency and perhaps Disallegiance this Lord and his Round-head Crew would use their Kings if they had but half so strong a foreign dependance as the Bishops then had that dare use the most gracious of Kings as they do this present day Two of these Insolent ones this Lord says the Bishop that last spake named Lincoln stands in the Margin by which it appears that Dr. John Williams then Bishop of Lincoln and since Arch-Bishop of York was the Man that named two but because this Lord names them not I know not who they are and therefore can say nothing for or against them but leave them to that Lord which censured them As for that which follows that the instances of many more may be given whereof there would be no end This is a piece of this Lord 's loud Rhetorick which can have no Truth in it especially relating as it doth to this Kingdom only But whereas this Lord said immediately before that their meddling in State business hath been the cause of shedding more Christian Blood than any thing else in the Christian World and in the very next words falls upon the proof of it in this Kingdom I must put him in mind that one Parliament in England namely that which most irreligiously and trayterously deposed Richard II. was the cause of the effusion of more Christian Blood amongst us than all the Bishops that ever were in this Kingdom For that base and unjust Parliament was the cause of all the Civil Wars those Bloody Wars which began in the Heir's time after the Usurpation of Henry IV. and ceased not till there were slain of the Royal Blood and of Nobles and the common People a Numberless Number And I heartily beg it of God that no disloyal Parliament may ever bring this Kingdom into the like distress For our Neighbours are far stronger now than they were then and what desolation it might bring upon us God in Heaven knows So this Lord may see if he will what a Parliament it self being misgoverned may do But will his Lordship think it Reason to condemn all Parliaments because this and some few more have done what they should not do as he here deals by Bishops Sure he would not But having done with the Bishops dependency on the Pope he goes on and tells us farther that Although the Pope be cast off yet now there is another Inconvenience no less prejudicial to the Kingdom by their sitting in this House and that is they have such an absolute dependency upon the King that they sit not there as free Men. I am heartily sorry to see this Lord thus far transported The Pope is indeed cast off from domineering over King Church and State But I am sorry to hear it from this Lord that this other
Inconvenience by Bishops sitting in the House of Parliament is no less prejudicial to the Kingdom Where first I observe that this Lord accounts the Pope's ruling in this Kingdom but a matter of inconvenience for so his words imply For that must be one Inconvenience if the Bishops voting be the other and I am sure the Laws both of this Church and State make it far worse than an Incovenience Had I said thus much I had been a Papist out of Question Secondly I 'll appeal to any prudent and moderate Protestant in the Christian World whether he can possibly think that the Bishops having Votes in the Parliaments of England can possibly be as great or no less an Inconvenience than the Pope's Supremacy here And I believe this Lord when he thinks better of it will wish these words unsaid Well! but what then is this inconvenience that is so great Why my Lord tells us 't is because they have such an absolute dependency upon the King that they sit not there as free-Men Where first 't is strange to me and my Reason that any dependency on the King be it never so absolute can be possibly so great an Inconvenience to the King as that upon an Independent foreign Power is the King being sworn to the Laws but the Pope being free and as he challenges not only independent from but superiour to both King and Laws Secondly I conceive the Bishops dependency is no more absolute upon the King than is the dependence of other Honourable Members of that House and that the Bishops sit there as absolute free-men as any others not excepting his Lordship And of this Belief I must be till the contrary shall be proved which his Lordship goes thus about to do That which is requisite to Freedom is to be void of Hopes and Fears he that can lay down these is a Free-man and will be so in this House But for the Bishops as the case stands with them it is not likely they will lay aside their Hopes greater Bishopricks being still in expectancy and for their Fears they cannot lay them down since their Places and Seats in Parliament are not invested in them by Blood and so hereditary but by annexation of a Barony to their Office and depending upon that Office so that they may be 〈◊〉 of their Office and thereby of their Places at the King's pleasure My Lord's Philosophy is good enough for to be void of Hopes and Fears is very requisite to Freedom and he that can lay these down is a Free-man or may be if he will But whether he will be so in that great House I cannot so well tell For though no Man can be free that is full charg'd with Hopes or Fears yet there are some other things which collaterally work upon Men and consequently take off their Freedom almost as much as Hopes and Fears can do Such are Consanguinity Affinity especially if the Wife bears any sway private Friendship and above all Faction And therefore though I cannot think that every Man will be a Free-man in that House that is void of Hopes and Fears yet I believe he may if he will Now I conceive that in all these collateral Stiflings of a Man's Freedom the Lay Lords are by far less free than the Bishops are Again for the main bars of Freedom Hopes and Fears into which all the rest do some way or other fall I do not yet see but that Bishops even as the case stands with them may be as free and I hope are in their Voting as Temporal Lords For their Hopes this Lord tells us 't is not likely they will lay them aside greater Bishopricks being still in expectancy Truly I do not know why a deserving Bishop may not in due time hope for a better Bishoprick and yet retain that Freedom which becomes him in Parliament as well as any Noble-man may be Noble and Free in that great Court and yet have moderated Hopes of being called to some great Office or to the Council-table or some honourable and profitable Embassage or some Knighthood of the Garter of all or some of which there is still expectancy Lay your Hand on your Heart my Lord and examine your self As for Fears his Lordship tells us roundly the Bishops cannot lay them down Cannot Are all the Bishops such poor Spirits But why can they not Why because their Places in Parliament are not hereditary but by annexation of a Barony to their Office and depending upon it so that they may be deprived of their Office and thereby of their Place at the King's pleasure First I believe the Bishops gave their Votes in Parliament as freely to their Conscience and Judgment as this Lord or any other Secondly If any of them for Fear or any other motive have given their Votes unworthily I doubt not but many Honourable Lords have at some time or other forgot themselves and born the Bishops company though in this I commend neither Thirdly I know some Bishops who had rather lose not their Baronies only but their Bishopricks also than Vote so unworthily as this Lord would make the World believe they have done Lastly it is true their Seat in Parliament depends on their Barony their Barony on their Office and if they be deprived of their Office both Barony and Seat in Parliament are gone But I hope my Lord will not say we live under a Tyrant and then I will say Bishops are not deprivable of their Office and consequently not of the rest at the Kings Pleasure But this Lord proceeds into a farther Amplification And to whet his inveterate Malice against the King says as follows Nay They do not so much as sit here dum bene se gesserint as the Judges now by your Lordships Petition to the King have their Places granted them but at Will and Pleasure and therefore as they were all excluded by Edward the First as long as he pleased and Laws made excluso Clero so may they be by any King at his Pleasure in like manner They must needs therefore be in an absolute dependency upon the Crown and thereby at Devotion for their Votes which how prejudicial it hath been and will be to this House I need not say If I could wonder at any thing which this Lord doth or says in such Arguments as these when his Heart is up against the Clergy I should wonder at this For if he will not suppose the King's Government to be Tyrannical the Bishops have their Places during Life and cannot justly be put out of them unless their Miscarriage be such as shall merit a Deprivation And therefore by this Lord 's good leave they have as good a Tenure as the Judges is of a Quamdiu bene se gesserint And this they have without their Lordships Petition to the King as his Lordship tells us was fain to be made for the Judges thereby galling the King for giving some Patents to the Judges during Pleasure which as
the Case stood with them whether he had Reason to do or not I will not dispute So that manifest it is that the Bishops do not hold their Bishopricks at the King's Will and Pleasure and consequently neither their Baronies nor their Places in Parliament And I would have my Lord consider whether all the Noblemen that sit in that House by Blood and Inheritance be not in the same Condition upon the matter with the Bishops For as Bishops may commit Crimes worthy Deprivation and so consequently lose their Votes in Parliament so are there some Crimes also which Noblemen may commit God preserve them from them which may consequently void all their Rights in Parliament yea and taint their Blood too And as for the Bishops Baronies they are not at the King's Will and Pleasure neither For they hold their Baronies from the Crown indeed but by so long Prescription as will preserve them from any Disseisure at Will and Pleasure of the King So if they merit not Deprivation by Law and Justice their Baronies are safe and that by as good Right and far antienter Descent than any the antientest Nobleman of England can plead for himself For Edward the First he was a brave Prince and is of glorious Memory and respected the Dutifulness of his Clergy very Royally As for the Acts of Parliament made in his Time and the Time of his Royal Successor Edward the Third I conceive nothing can be gathered out of the Titles or Prefaces of those Acts against either the Bishops presence at or their Voting to those Laws by any Prohibition of Exclusion of them by those famous Kings For though the Statute of Carlisle 35 Edw. I. not Printed be recited in the Statute 25 Edw. III. of Provisoes and says that by the Assent of the Earls Barons and other Nobles and all the Commonalty at their Instances and Requests in the said full Parliament it was ordained c. without any mention at all of the Prelates yet it is more than probable that the Prelates were Summoned to and present at these Parliaments For first it appears expresly that the Statute of the Staple 27 Edw. III. made in the same Parliament with the Statute of Provisoes that the Prelates were Assembled and Present there And I rather think that in all these Statutes of Provisoes being professedly made against the Liberty and Jurisdiction of the Pope in those Times challenged in this Kingdom to whose Power the Bishops were then Subject they voluntarily chose to be absent rather than endanger themselves to the Pope if they Voted for such Laws or offend the King and the State if they Voted against them But these Laws were not made excluso Clero and that as long as the King pleased as this Lord affirms and this is very plain in the Statute it self of 38 Edw. III. For in the last Chapter of that Statute though the Prelates be omitted in the Preamble yet there 't is expresly said That the King the Prelates the Dukes Earls and Barons c. So here was not exclusion of the Bishops by the King but their own voluntary Absence which made those kind of Laws pass without them As for the Parliament at Carlisle I conceive the Books are misprinted and a common Errour risen by it For that Parliament was held Anno 35 Edw. I. and was the first of Provisoes and as appears in the Records the Prelates were present But in 25 Edw. I. the Parliament was Summoned to London and the Bishops called to it And there was another Summons to Salisbury in the same Roll to which the Prelates were not called But this I conceive was a Summons of the King 's Great Council only and not of a Parliament the Commons not being called any more than the Prelates Nor were there any other Summons 25 Edw. I. but these two That which his Lordship infers upon this is that therefore the Bishops are in absolute dependency upon the Crown which is manifestly untrue since they cannot be outed at Will and Pleasure but for Demerit only and that may fall upon Temporal Lords as well as Bishops And therefore neither are they at Devotion for their Votes and therefore in true Construction no Prejudice can come by them to that Honourable House And I pray God their casting out be not more prejudicial both to State and Church than I am willing to forespeak After this his Lordship tells us what he hath done in this great Argument saying I have now shewed your Lordships how hurtful to themselves and others these things which the Bill would take away have been I will only Answer some Objections which I have met withal and then crave your Pardon for troubling you so long His Lordship tells us he hath shewed how hurtful these things are both to the Bishops and others which this Bill would hew down and out of his Zeal and Love to the Church he hath gone farther than any Man in this Argument yet I conceive he hath not shewed what he thinks he hath 'T is true he hath strongly laboured it but I hope it will appear he hath not master'd it I shall now see how he Answers such Objections as his Lordship says he hath met with And the First Objection is his Lordship says 1. That they have been very Antient. 2. That they are Established by Law 3. That it may be an Infringement to the House of Peers for the House of Commons to send up a Bill to take away some of their Members To these three the Answer will be easie I know not how easie the Answer will be but these must needs be hard Times for Bishops if neither Antiquity can fence them against Novelty nor Law defend them against Violence nor fear of weakning the House of Peers preserve them against the Eagerness of the House of Commons and that in the very House of Peers it self Let us see then and consider how easie the Answer will be to these and how sufficient also To the First Antiquity is no good Plea for that which is by Experience found hurtful the longer it hath done hurt the more cause there is now to remove it that it may do no more Besides other Irregularities are as antient which have been thought fit to be redressed and this is not so antient but that it may truly be said Non fuit sic ab initio This Answer may be easie enough but sure 't is not sufficient Nor do I wonder that Antiquity is no good Plea in this Lord's account for he is such an Enemy to it that he will have his very Religion new If any thing be antient it smells of Antichrist Yea but if it be found hurtful the longer it hath done hurt the more cause to remove it That 's true if it be hurtful in and of it self so is not this If it does hurt constantly or frequently else you must cast out the Lay Lords Votes too and his Lordship 's with the
relation again to that Parliament under Edward the First from which his Lordship says Bishops were excluded and we know that Parliament is called Indoctum Parliamentum the unlearned Parliament For all the Lawyers were excluded from that Parliament as well as the Clergy-Men And therefore were this Lord indifferent he might argue that Lawyers Votes are not Fundamental in the Commons House which is true tho' no way convenient rather than that Bishops Votes are not Fundamental in the Lords House which is utterly against all Truth and Convenience But his Lordship's Tooth is so sharp and so black against that Order that he snaps at them upon all and upon no Occasion and would invenom them had he Power To make this seem the better his Lordship ends this Speech with a piece of Philosophy which I cannot approve neither For he says That which hath been done for a time at the King's Pleasure may be done with as little danger for a longer time For First this Proposition is unsound in it self For many Cases may happen in which divers things may be done for a Prince's Pleasure once or for a time and with no great danger which continued or often repeated will be full of danger and perhaps not endured by the Subject Secondly I am confident let the Tables be but turned from a Bishop to a Lay-Man and this Lord shall eat his own Proposition For instance in another Parliament and in a time generally received to be as good as that of Edward the First in Queen Elizabeth's time and within my own Memory Mr. Peter Wentworth moved in the House of Commons to have an Heir apparent declared for the better and securer Peace of the Kingdom in After-times The Queen for her meer Will and Pleasure for that which he did was no Offence against Law took him either out of the House or so soon as he came out of the House clap'd him up in the Tower where he lay till his Death What will this Lord say to this Will he say this was done once at the Prince's Pleasure Why then I return his Proposition upon him and tell him that that which was done once at one Prince's Pleasure may be done oftner at other Prince's Pleasure with as little danger Or will this Lord say this was not done at the Queen's Pleasure but but she might justly and legally do so Then other Princes of this Realm having the same Power residing in them may do by other Parliament Men as she did with this Gentleman And which soever of the two he shall say King Charles had as good Right and with as little Breach of Parliament-Privilege to demand the Six Men which by his Attorney he had accused of Treason as that great Queen had to lay hold on Mr. Wentworth Since I had written this the Observer steps in and tells us That a meer Example though of Queen Elizabeth is no Law for some of her Actions were retracted and that yet without question Queen Elizabeth might do that which a Prince less beloved could never have done 'T is true that a meer Example is not a Law and yet the Parliaments of England even in that happy Queen's Time were not apt to bear Examples against Law and if that she did were not against Law that 's as much as I ask For then neither is that against Law which King Charles did upon a far higher Accusation than could be charged against Mr. Wentworth 'T is true again that Queen Elizabeth might do that which a Prince less beloved could not have done that is she might do that with safety which a Prince less beloved could not do that is not do with safety But whatsoever is lawful for one Prince to do is as lawful for another though perhaps not so expedient in regard of what will be well or ill taken by the People But otherwise the Peoples Affection to the Prince can be no Rule nor Measure of the Princes Justice to the People I will be bold to give him another Instance King Charles demanded Ship-Money all over the Kingdom Either he did this justly and legally for the Defence of himself and the Publick or he did it at his Will and Pleasure thinking that an honourable and fit way of Defence I am sure this Lord will not say he did it legally for his Vote concurred to the condemning of it in Parliament And if he say he did it at his own Will and Pleasure then I would fain know of his Lordship whether this which was done for a time at the King's Pleasure may be done with as little danger to the Liberty of the Subject and the Property of his Goods for a longer time and so be continued on the Subject And if he says it may why did he Vote against it as a thing dangerous And if he says it may not then he must Condemn his own Proposition For he cannot but see that that which is once done or done for a short time at a Prince's Will and Pleasure cannot be often repeated or continued but with far greater danger than it was once done Though for the thing it self if it were not legal I am sorry it is not made so For it would be under God the greatest Honour and Security that this Nation ever had Whereas now the Tugging which falls out between the King's Power and the Peoples Liberty will in time unless God's infinite Mercy prevents it do that in this Kingdom which I abhor to think on This Lord goes on yet and tells us That that which hath been so done for a time when it appears to be fit and for publick Good not only may but ought to be done altogether by the Supream Power So then here this is his Lordship's Doctrine that that which was once done at a Prince's Will and Pleasure when it shall appear to be fit and for the publick Good as he supposeth here the taking away of Bishops Votes to be it not only may but ought to be done altogether by the Supream Power as now that is done by Act of Parliament Not only may but ought Soft a little His Lordship had the same Phrase immediately before Why but First every thing that is fit ought not by and by to be made up into a Law For fitness may vary very often which Laws should not Secondly Every thing that is for the publick Good is not by and by to be made up into a Law For many things in Times of Difficulty and Exigency may be for publick Good which in some other Times may be hurtful and therefore not to be generally bound within a Law And if his Lordship shall say as here he doth that they ought to be done altogether and be made up into a Law by the Supream Power but fitted only to such Times under his Lordship's Favour that ought not to be neither For let such a Law be made and he that is once Master of the Times will have the Law ready to
serve his turn and theirs whether the Times bear the like Necessity or not And since every thing that is fit and is for publick Good ought not by and by without more Experience of it to be made up into a Law then much less that which appears so yea though it appear never so evidently yea and to the wisest Parliament that ever sat 'T is true they may make such a thing into a Law and 't is fit for the most part so to do but to say they ought to do it is more than I can believe For no Parliament is or can be so wise as to be infallible and no Evidence can be so apparent unto them in those things of infinite variety for the publick Good and in which is so much uncertainty but that they may both piously and prudently forbear the making of some of them into a Law if they please But no Man may forbear that which he ought to do when he ought to do it And till that time comes he ought not This Lord hath now done and so have I And I shall end with my Prayers to God that this Act of Parliament now made to cast the Bishops and their Votes out of the Parliament how fit soever it seems and how much soever it appears to this Lord to be for the publick Good do not turn to the decay of Religion and the great Damage and Detriment of King and Peers of Church and State Amen A SPEECH Delivered in the STAR-CHAMBER On Wednesday the Fourteenth of June 1637. AT THE CENSURE OF J. Bastwick H. Burton and W. Prinn CONCERNING Pretended Innovations IN THE CHURCH By the Most Reverend Father in GOD WILLIAM LAUD Then Lord Arch-Bishop of Canterbury TO HIS MOST Sacred Majesty CHARLES By the Grace of GOD King of Great Britain France and Ireland Defender of the Faith c. Most Gracious and Dread Sovereign I Had no purpose to come in Print but Your Majesty commands it and I obey Most sorry I am for the Occasion that induced me to speak and that since hath moved You to command me to Print Nor am I ignorant that many things while they are spoken and pass by the Ear but once give great Content which when they come to the Eyes of Men and their often Scanning may lie open to some Exceptions This may fall to my Lot in this particular and very easily considering my many Diversions and the little time I could snatch from other Imployment to attend this Yet chuse I rather to obey Your Majesty than to Sacrifice to mine own Privacy and Content Since then this Speech uttered in publick in the Star-Chamber must now come to be more publick in Print I humbly desire Your Sacred Majesty to Protect me and it from the undeserved Calumny of those Men whose Mouths are spears and arrows and their Tongues a sharp sword Psal. 57. 4. Though as the wise Man speaks their foolish Mouths have already called for their own stripes and their Lips and Pens been a snare for their Souls Prov. 18. 6 7. The Occasion which led me to this Speech is known There have of late been divers Libels spread against the Prelates of this Church And they have not been more bitter which is the Shame of these raging Waves than they are utterly false which is Our Happiness But I must humbly beseech Your Majesty to consider That 't is not We only that is the Bishops that are struck at but through our sides Your Majesty Your Honour Your Safety Your Religion is impeached For what Safety can You expect if You loose the Hearts of Your People And how can You retain their Hearts if You change their Religion into Superstition And what Honour can You hope for either present or derivative to Posterity if You attend Your Government no better than to suffer Your Prelates to put this Change upon You And what Majesty can any Prince retain if he lose his Honour and his People God be thanked 't is in all Points otherwise with You For God hath blessed You with a Religious Heart and not subject to Change And he hath filled You with Honour in the Eyes of Your People And by their Love and Dutifulness He hath made You safe So that Your Majesty is upheld and Your Crown flourishing in the Eyes of Christendom And God forbid any Libellous Blast at Home from the Tongues or Pens of a few should shrivel up any growth of these We have received and daily do receive from God many and great Blessings by You And I hope they are not many that are unthankful to You or to God for You. And that there should be none in a Populous Nation even Enemies to their own Happiness cannot be expected Yet I shall desire even these to call themselves to an Account and to remember that Blasphemy against God and slandering the Footsteps of his Anointed are joined together Psal. 89. For he that Blasphemes God will never stick at the Slander of his Prince and he that gives himself the liberty to Slander his Prince will quickly ascend to the next Highest and Blaspheme God But then as I desire them to remember so I do most humbly beseech Your Majesty to account with Your self too And not to measure Your Peoples Love by the Vnworthiness of those few For a Loyal and Obedient People You have and such as will spare nor Livelihood nor Life to do You Service and are joyed at the Heart to see the Moderation of Your Government and Your Constancy to maintain Religion and Your Piety in Exampling it And as I thus beseech You for Your People in General so do I particularly for the Three Professions which have a little suffer'd in these Three most Notorious Libellers Persons And first for my own Profession I humbly beg of Your Majesty to think Mr. Burton hath not in this many Followers and am heartily sorry he would needs lead The best is Your Majesty knows what made his Rancour swell I 'll say no more And for the Law I truly Honour it with my Heart and believe Mr. Prynn may seek all the Inns of Court and with a Candle too if he will and scarce find such a Malevolent as himself against State and Church And because he hath so frequently thrust mistaken Law into these Pamphlets to wrong the Governors of the Church and abuse your good and well-minded People and makes Burton and Bastwick utter Law which God knows they understand not for I doubt his Pen is in all the Pamphlets I do humbly in the Church's Name desire of Your Majesty that it may be resolved by all the Reverend Judges of England and then published by Your Majesty That our keeping Courts and issuing Process in our own Names and the like Exceptions formerly taken and now renewed are not against the Laws of the Realm as 't is most certain they are not that so the Church-Governnors may go on chearfully in their Duty and the Peoples Minds
be quieted by this Assurance that neither the Law nor their Liberty as Subjects is thereby infringed And for Physick the Profession is honourable and safe and I know the Professors of it will remember that Corpus Humanum Man's Body is that about which their Art is conversant not Corpus Ecclesiasticum or Politicum the Body of the Church State or Commonwealth Bastwick only hath been bold that way But the Proverb in the Gospel in the Fourth of St. Luke is all I 'll say to him Medice cura teipsum Physician heal thy self And yet let me tell Your Majesty I believe he hath gained more by making the Church a Patient than by all the Patients he ever had beside Sir both my self and my Brethren have been very coursely used by the Tongues and Pens of these Men yet shall I never give Your Majesty any sow'r Counsel I shall rather manifie Your Clemency that proceeded with these Offenders in a Court of Mercy as well as Justice Since as the Reverend Judges then declared You might have justly called the Offenders into another Court and put them to it in a way that might have exacted their Lives for their stirring as much as in them lay of Mutiny and Sedition Yet this I shall be bold to say and Your Majesty may consider of it in Your Wisdom That one way of Government is not always either fit or safe when the Humours of the People are in a continual Change Especially when such Men as these shall work upon Your People and labour to infuse into them such malignant Principles to introduce a Parity in the Church or Commonwealth Et si non satis sua sponte insaniant instigare And to spur on such among them as are too sharply set already And by this means make and prepare all Advantages for the Roman Party to scorn Vs and pervert Them I pray God bless Your Majesty Your Royal Consort and Your hopeful Posterity that You may Live in Happiness Govern with Wisdom Support Your People by Justice Relieve them by Mercy Defend them by Power and Success And Guide them in the true Religion by Your Laws and most Religious Example all the long and lasting Days of Your Life Which are and shall be the daily Prayers of Your Sacred Majesty's most Loyal Subject and Most Dutiful Servant as most bound W. Cant. Arch-Bishop LAVD's SPEECH AT THE CENSURE OF J. Bastwick H. Burton and W. Prinn My LORDS I Shall not need to speak of the infamous Course of Libelling in any kind Nor of the Punishment of it which in some Cases was Capital by the Imperial Laws as appears Cod. l. 9. T. 36. Nor how patiently some great Men very great Men indeed have born Animo civili that 's Sueton. his word laceratam existimationem The tearing and rending of their Credit and Reputation with a gentle nay a generous Mind But of all Libels they are most odius which pretend Religion As if that of all things did desire to be defended by a Mouth that is like an open Sepulchre or by a Pen that is made of a sick and a loathsom Quill There were Times when Persecutions were great in the Church even to exceed Barbarity it self Did any Martyr or Confessor in those Times Libel the Governours Surely no not one of them to my best Remembrance yet these complain of Persecution without all shew of cause and in the mean time Libel and Rail without all measure So little of kin are they to those which suffer for Christ or the least part of Christian Religion My Lords It is not every Man's Spirit to hold up against the Venome which Libellers spit For S. Ambrose who was a stout and a worthy Prelate tells us not that himself but that a far greater Man than he that 's King David had found out so it seems in his Judgment 't was no matter of ordinary Ability Grande inventum a great and mighty Invention how to swallow and put off those bitter Contumilies of the Tongue And those of the Pen are no whit less and spread farther And it was a great one indeed and well beseemed the greatness of David But I think it will be far better for me to look upward and practise it than to look downward and discourse upon it In the mean time I shall remember what an Antient under the name of S. Hierom tells me * Indignum est praeposterum 'T is unworthy in it self and preposterous in demeanour for a Man to be ashamed for doing good because other Men glory in speaking ill And I can say it clearly and truly as in the presence of God I have done nothing as a Prelate to the uttermost of what I am conscious but with a single Heart and with a sincere Intention for the good Government and Honour of the Church and the maintenance of the Orthodox Truth and Religion of Christ professed established and maintained in this Church of England For my Care of this Church the reducing of it into Order the upholding of the external Worship of God in it and the setling of it to the Rules of its first Reformation are the Causes and the sole Causes whatever are pretended of all this malicious Storm which hath lowred so black upon me and some of my Brethren And in the mean time they which are the only or the chief Innovators of the Christian World having nothing say accuse us of Innovation They themselves and their Complices in the mean time being the greatest Innovators that the Christian World hath almost ever known I deny not but others have spread more dangerous Errors in the Church of Christ but no Men in any Age of it have been more guilty of Innovation then they while themselves cry out against it Quis tulerit Gracchos And I said well Quis tulerit Gracchos For 't is most apparent to any Man that will not wink that the Intention of these Men and their Abettors was and is to raise a Sedition being as great Incendiaries in the State where they get Power as they have ever been in the Church Novatian himself hardly greater Our main Crime is would they all speak out as some of them do that we are Bishops were we not so some of us might be as passable as other Men. And a great trouble 't is to them that we maintain that our Calling of Bishops is Jure Divino by Divine Right Of this I have said enough and in this place in Leighton's Case nor will I repeat Only this I will say and abide by it that the Calling of Bishops is Jure Divino by Divine Right tho' not all Adjuncts to their Calling And this I say in as direct opposition to the Church of Rome as to the Puritan Humour And I say farther that from the Apostles times in all Ages in all Places the Church of Christ was governed by Bishops And Lay-Elders never heard of till Calvin's new-fangled Device at Geneva Now this
Tabernacle Numb 20. 6. Hezekiah and all that were present with him when they had made an end of offering bowed and worshipped 2 Chron. 29. 29. David calls the People to it with a Venite O come let us Worship and fall down and kneel before the Lord our Maker Psal. 95. 6. And in all these Places I pray mark it 't is bodily Worship Nor can they say That this was Judaical Worship and now not to be 〈◊〉 For long before Judaism began Bethel the House of GOD was a place of Reverence Gen. 28. 17 c. Therefore 〈◊〉 〈◊〉 Of and To GOD. And after Judaical Worship ended Venite Adoremus as far up wards as there is any track of a Liturgy was the Introitus of the Priest all the Latine Church over And in the daily Prayers of the Church of England this was retain'd at the Reformation and that Psalm in which is Venite Adoremus is commanded to begin the Morning Service every Day And for ought I know the Priest may as well leave out the Venite as the Adoremus the calling the People to their Duty as the Duty it self when they are come Therefore even according to the Service-Book of the Church of England the Priest and the People both are call'd upon for external and bodily Reverence and Worship of GOD in his Church Therefore they which do it do not Innovate And yet the Government is so moderate God grant it be not too loose therewhile that no Man is constrained no Man questioned only religiously called upon Venite Adoremus Come let us Worship For my own part I take my self bound to Worship with Body as well as in Soul when ever I come where God is Worshipped And were this Kingdom such as would allow no Holy Table standing in its proper place and such places some there are yet I would Worship God when I came into His House And were the times such as should beat down Churches and all the curious carved Work thereof with Axes and Hammers as in Psal. 74. 6. and such Times have been yet would I Worship in what place soever I came to Pray tho there were not so much as a Stone laid for Bethel But this is the misery 't is Superstition now adays for any Man to come with more Reverence into a Church than a Tinker and his Bitch come into an Ale-house the Comparison is too homely but my just Indignation at the Prophaneness of the Times makes me speak it And you my Honourable Lords of the Garter in your great Solemnities you do your Reverence and to Almighty God I doubt not but yet it is versus Altare towards his Altar as the greatest place of God's Residence upon Earth I say the greatest yea greater than the Pulpit For there 't is Hoc est Corpus meum This is my Body But in the Pulpit 't is at most but Hoc est Verbum meum This is my Word And a greater Reverence no doubt is due to the Body than to the Word of our Lord. And so in Relation answerably to the Throne where his Body is usually present than to the Seat whence his Word useth to be proclainted And God hold it there at His Word for as too many Men use the matter 't is Hoc est Verbum Diaboli This is the Word of the Devil in too many places Witness Sedition and the like to it And this Reverence ye do when ye enter the Chapel and when you approach nearer to Offer And this is no Innovation for you are bound to it by your Order and that 's not New And Idolatry it is not to Worship God towards His Holy Table For if it had been Idolatry I presume Queen Elizabeth and King James would not have practised it no not in those Solemnities And being not Idolatry but true Divine Worship You will I hope give a poor Priest leave to Worship God as Your selves do For if it be God's Worship I ought to do it as well as You And if it be Idolatry You ought not to do it more than I. I say again I hope a poor Priest may Worship God with as lowly Reverence as you do since you are bound by your Order and by your Oath according to a Constitution of Henry the Fifth as appears to give due Honour and Reverence Domino Deo Altari ejus in modum Virorum Ecclesiasticorum That is to the Lord your God and to his Altar for there is a Reverence due to that too though such as comes far short of Divine Worship and this in the manner as Ecclesiastical Persons both Worship and do Reverence The Story which led in this Decree is this King Henry the Fifth that Noble and Victorious Prince returning gloriously out of France sat at this Solemnity and finding the Knights of the Order scarce bow to God or but slightly and then bow towards Him and His Seat startled at it being a Prince then grown as Religious as he was before Victorious and after asking the Reason for till then the Knights of the Order never bowed toward the King or his Seat the Duke of Bedford answer'd it was setled by a Chapter Act three Years before Hereupon that Great King replied No I 'll none of this till you the Knights do it satis bene well enough and with due performance to Almighty GOD. And hereupon the forenamed Act proceeded that they should do this Duty to Almighty GOD not slightly but ad modum Virorum Ecclesiasticorum as low as well as decently as Clergy-Men use to do it Now if you will turn this off and say it was the Superstition of that Age so to do Bishop Jewell will come in to help me there For where Harding names divers Ceremonies and particularly howing themselves and adoring at the Sacrament I say adoring At the Sacrament not adoring the Sacrament there Bishop Jewell that Learned Painful and Reverend Prelate approves all both the Kneeling and the Bowing and the Standing up at the Gospel which as antient as it is in the Church and a common Custom is yet fondly made another of their Innovations And farther the Bishop adds That they are all commendable Gestures and tokens of Devotion so long as the People understand what they mean and apply them unto GOD. Now with us the People did ever understand them fully and apply them to GOD and to none but GOD till these Factious Spirits and their like to the great disservice of GOD and His Church went about to persuade them that they are Superstitious if not Idolatrous Gestures As they make every thing else to be where GOD is not served slovenly 13. The Thirteenth Innovation is The placing of the Holy Table Altar-wise at the upper end of the Chancel that is the setting of it North and South and placing a Rail before it to keep it from Prophanation which Mr. Burton says is done to advance and usher in Popery To this I Answer That 't is no
〈◊〉 of C. C. C. concerning my 〈◊〉 Lecture Mr. Greaves was at this time Deputy-Reader to Mr. 〈◊〉 who The State of the Title of the Chancellor and Vice-Chancellor of Oxford for Licensing and Suppressing of 〈◊〉 c. And this against the Mayor and Justices of the Town This was drawn up by Council out of that which was shewed them by the University His Majesty's 〈◊〉 to confirm this Right for appointing of 〈◊〉 c. in the Chancellor and Vice-Chancellor From the Vice-Chancellor The Submission of the Chandlers to the University From the Vice-Chancellor concerning my 〈◊〉 of Danby's gift of an 100 l. for the Physick-Garden My Answer to the foresaid Passage To the Vice-Chancellor for some of the Heads to be now and then at the Examinations Charge given to the Library-keepers by the Vice-Chancellor and Visitors to look well to my Manuscripts and Coins My Answer to the Vice-Chancellor's foresaid Passage touching the care to be 〈◊〉 to my Manuscripts and Coins A Gent. unknown came to hear the Examinations Nov. 16. 1639. My Answer to the foresaid Passage The Vice-Chancellor sent me word that now the Heads were of the same Opinion A Passage out of the Vice-Chancellor's Letter Dec. 2. concerning Mr. Bowden of Trinity-College Mr. Baylie concerning Mr. Bowden He was found drown'd on Thurs. Dec. 12. 1639. at Kings Mills by Holywell And the Coroners Inquest found him a distractedMan and so indeed he was An Information from the Vice-Chancellor touching two Fellows of Wadham-Coll assaulted and wounded by a Commoner lately expell'd that House To the Vice-chancellor about settling Judge Jones's Order between the University and the City concerning their Court-Leets c. Dr. Lawrence La. Margaret's Reader to be dispens'd with for not Reading by reason of his Sickness and often Relapses Concerning 300 Alehouses in Oxford and the ordering of them according to his Majesty's Letters The Order by which the Vice-Chancellor proceeded in the 〈◊〉 That almost all this vast number of Ale-houses were Licens'd by the Mayor and the Town-Justices Vid. Dalton p. 376 377. Alderman Bosworth as I have been since inform'd by very good hands Licensed 100 for his part and tied them all to take their Beer of him All these Passages are collected out of the Vice-Chancellor's Letters to me of Novemb 20. of Nov. 25. and of Decemb. 2. From the Vice-Chancellor concerning an old Composition 23 Eliz. which gives the University half the Amercements of the Court Leets Outlandish Workmen sent by the Earl of Danby for the Physick-Garden Warning given for the Oxford Men to use the Prayer which the Canon requires before the 〈◊〉 at St. 〈◊〉 Cross. The Vice-Chancellor hath undertaken this by his Letters of Dec. 16. 39. An Accumulation desired at Cambridge by Mr. S. Wilkinson once of Madg. Hall Oxon. Dec. 20. Out of the Vice-Chancellor's Letter Frenche's Answer concerning the aforesaid Passage My Lord Holland's Recommendations of Wilkinson to Cambridge and his Lordship's promise that 〈◊〉 should keep the Agreement made with Oxford about Proceeders Out of the Vice-Chancellor's Letter The Mayor's proclaiming that there should be no Market for Christmas-day The Battlements of the School thrown down by the Wind. From the Vice-Chancellor Jan. 6. The Registership of the Vice-Chancellor's Court 〈◊〉 for by John George The Vice-Chancellor's Information concerning Jo George and the having of ne'er a Table of Fees to regulate that Court Jan. 13. Certain Passages out of the Vice-Chancellor's Letters of Jan. 27. Mr. Burton's Legacy A Dunce of New-Inn A Division in the Town about the Ale-Houses The Vice-Chancellor's Warrant A Privileged Person drowned The Town not warning a Jury at the command of the Coroner to warn one Warning given for orderly Disputations this Lent Amesius and F. Hommius Patrons for Presbyterial Government reprinted at Oxford A Fire in Jesus College-Lane St. Mary's Bell and Steeple A Scholar of Trinity College robbed and wounded Ostendorpfe a Dutch-Man not to be incorporated Doctor The Examinations again approved The Examinations and the Effect of them upon Proceeders Tavern haunting and overmuch Drinking again complained of To the Vice-Chancel 〈◊〉 the Care to be taken of the well Ordering and Educating Young Noblemen To Dr. Baylie about the Abuse and Letter aforesaid The Vice-Chancellor's Reply concerning the Abuse One of Trinity College committed That their drunken good Fellowship beaten by the Vice-Chancellor out of Taverns and Ale-Houses is crept into private Colleges A young Kinsman of mine Mr. 〈◊〉 Webbe serving the Bishop of Oxon was the Week before-barbarously abused by this Hull upon little or no Provocation to the endangering of his Life The other Disaster was the Young Earl of Downe's Quarrel with Dr. 〈◊〉 his Son and other Captains What Course to be held for present Remedy of this Abuse in Colleges Hull to be Punish'd Care to be taken of the Young Earl of Downe and other Young Noblemen Judge Jones's approbation of the Reformation of the Ale-houses Burgesses for the Parliament The Misgovernment of Noblemens 〈◊〉 in Oxford Young Caufield of Exeter College My Charge concerning this This Message of mine was delivered by the Vice-Chancellor I have written to the Dean by this days Carrier The Young Earl hath left the University The Degree of Doctorship denied to Mr. Sympson of Trinity Colleges I gave way to the 〈◊〉 The Proctors yearly to Accompt for the 〈◊〉 due to the University from such Regents as neglect the Duties of their Regency The 〈◊〉 were startled at this Message not looking for such an after-Reckoning Dr. Frewen March 30. Lent-Dispntations passed quietly The Examinations the cause of it No Scholars found stirring in the Night or at Taverns Procuratores Mr. Allibond è 〈◊〉 Lincoln Mr. Greaves è Coll. Om. Animarum The Examinations at a dead stand revived Concerning the Examinations Dr. Jackson's Sermons if they offend against his Majesty's Declaration c Greene a 〈◊〉 Inn-Keeper at the Miter in Oxford My Answer to the foresaid Passage Hull expelled Disputations in Quodlibets The Oxford Carriers not to Travel with above six Horses c. Soldiers passing through the Town and mutinying in their Drink The Scholars were free in this also Mr. Davis of Magdalen-Hall found drowned by New-Parks The Arabick-Lecture settled for ever The Mayor of Oxford's Letter to the Lords about Greene's Inn with a Complaint against the University for invading the Town Privileges The Mayor of Oxford's Letter to the Earl of Berks their Steward to shew to the Lords touching their Night Watch. My Letters to the Vice-Chancellor touching these two Letters of the Mayor The Vice-Chancellor's Answer to the two Letters of the Mayor of Oxford Proctor Allibond's Answer to that which concerns him in the Mayor of Oxon's Letter Thanks from the University for settling my Arabick Lecture for perpetuity The Council's Warrant for the Vice-Chancellor and the Mayor Berkshire Soldiers The Order of the Council concerning the difference between the Vice-Chancellor and the Mayor Dr. Potter chosen my Vice-Chancellor Concerning Cottages Another