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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A40674 The holy state by Thomas Fuller ... Fuller, Thomas, 1608-1661. 1642 (1642) Wing F2443; ESTC R21710 278,849 457

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Yet Fortescue was not miss'd because Markham succeeded him and that losse which otherwise could not be repair'd now could not be perceiv'd For though these two Judges did severally lean to the sides of Lancaster and York yet both sate upright in matters of Judicature We will instance and insist on one memorable act of our Judge which though single in it self was plurall in the concernings thereof And let the Reader know that I have not been carelesse to search though unhappy not to find the originall Record perchance abolished on purpose and silenced for telling tales to the disgrace of great ones We must now be contented to write this Story out of the English Chronicles and let him die of drougth without pity who will not quench his thirst at the river because he cannot come at the fountain King Edward the fourth having married into the family of the Woodvills Gentlemen of more antiquity then wealth and of higher spirits then fortunes thought it fit for his own honour to bestow honour upon them But he could not so easily provide them of wealth as titles For honour he could derive from himself like light from a candle without any diminishing of his own lustre whereas wealth flowing from him as water from a fountain made the spring the shallower Wherefore he resolved to cut down some prime subjects and to engraff the Queens kinred into their estates which otherwise like suckers must feed on the stock of his own Exchequer There was at this time one S r Thomas Cook late Lord Maior of London and Knight of the Bath one who had well lick'd his fingers under Queen Margaret whose Wardroper he was and customer of Hampton a man of a great estate It was agreed that he should be accused of high Treason and a Commission of Oyer and Terminer granted forth to the Lord Maior the Duke of Clarence the Earl of Warwick the Lord Rivers Sr. John Markham Sr. John Fogg c. to try him in Guild Hall And the King by private instructions to the Judge appear'd so farre that Cook though he was not must be found guilty and if the Law were too short the Judge must stretch it to the purpose The fault laid to his charge was for lending moneys to Queen Margaret wife to King Henrie the sixth the proof was the confession of one Hawkins who being rack'd in the Tower had confessed so much The Counsell for the King hanging as much weight on the smallest wier as it would hold aggravated each particular by their Rhetoricall flashes blew the fault up to a great height S r Thomas Cook pleaded for himself that Hawkins indeed upon a season came to him and requested him to lend one thousand marks upon good security But he desired first to know for whom the money should be and understanding it was for Queen Margaret denyed to lend any money though at last the said Hawkins descended so low as to require but one hundred pounds and departed without any peny lent him Judge Markham in a grave speech did recapitulate select and collate the materiall points on either side shewing that the proof reached not the charge of high Treason and misprision of Treason was the highest it could amount to and intimated to the Jurie to be tender in matter of life and discharge good consciences The Jurie being wise men whose apprehensions could make up an whole sentence of every nod of the Judge saw it behoved them to draw up Treason into as narrow a compasse as might be lest it became their own case for they lived in a troublesome world wherein the cards were so shuffled that two Kings were turn'd up trump at once which amazed men how to play their games Whereupon they acquitted the prisoner of high Treason and found him guilty as the Judge directed Yet it cost S r Thomas Cook before he could get his libertie eight hundred pounds to the Queen and eight thousand pounds to the King A summe in that age more sounding like the ransome of a Prince then the fine of a Subject Besides the Lord Rivers the Queens Father had during his Imprisonment despoyled his houses one in the city another in the countrey of plate and furniture for which he never received a penie recompence Yet God righted him of the wrongs men did him by blessing the remnant of his estate to him and his posterity which still flourish at Giddy Hall in Essex As for S r John Markham the Kings displeasure fell so heavy on him that he was outed of his place and S r Thomas Billing put in his room though the one lost that Office with more honour then the other got it and gloried in this that though the King could make him no Judge he could not make him no upright Judge He lived privately the rest of his dayes having besides the estate got by his practice fair lands by Margaret his wife daughter and coheir to S r Simon Leak of Cotham in Nottinghamshire whose Mother Joan was daughter and heir of S r John Talbot of Swannington in Leicestershire CHAP. 9. The good Bishop HE is an Overseer of a Flock of Shepherds as a Minister is of a Flock of Gods sheep Divine providence and his Princes bounty advanced him to the Place whereof he was no whit ambitious Onely he counts it good manners to sit there where God hath placed him though it be higher then he conceives himself to deserve and hopes that he who call'd him to the Office hath or will in some measure fit him for it His life is so spotlesse that Malice is angry with him because she cannot be angry with him because she can find no just cause to accuse him And as Diogenes confuted him who denyed there was any motion by saying nothing but walking before his eyes so our Bishop takes no notice of the false accusations of people disaffected against his order but walks on circumspectly in his calling really refelling their cavils by his conversation A Bishops bare presence at a marriage in his own diocesse is by the Law interpreted for a licence and what actions soever he graceth with his company he is conceived to priviledge them to be lawfull which makes him to be more wary in his behaviour With his honour his holinesse and humility doth increase His great Place makes not his piety the lesse farre be it from him that the glittering of the candlestick should dimme the shining of his candle The meanest Minister of Gods word may have free accesse unto him whosoever brings a good cause brings his own welcome with him The pious poore may enter in at his wide gates when not so much as his wicket shall be open to wealthy unworthinesse He is diligent and faithfull in preaching the Gospel either by his pen Evangelizo manu scriptione saith a strict Divine or by his vocall Sermons if age and other indispensable occasions hinder him not teaching the Clergie to