Historical Collections: December 1640 (2 of 2)

Sir Edward Deering's Speech about the Canons.

Sir Edw. Deering's Speech about the Canons, December 14 1640.

Mr. Speaker,
That the late Canons are invalidous, it will easily appear; and that they are so originally in the Foundation, or rather in the Founders of them, I will assume upon my self to demonstrate, having first intimated my Sense by way of Preparative.

The Pope (as they say) hath a Triple Crown; answerable thereunto; and to support it, he pretends to have a threefold Law; the first is Jus divinum, Episcopacy by Divine Right, and this he would have you think to be the Coronet next his Head, that which doth circle and secure his Power; our Bishops have (in an unlucky Time) entred their Plea, and pretended Title to this Crown, Episcopacy by Divine Right.

The second is Jus humanum, Constantine's Donation, the Gift of Indulgent Princes, temporal Power; this Law belongs to his second, or his middle Crown, already also pleaded for by our Prelates in Print.

These Two Crowns being obtain'd, he (the Pope) doth frame and make his third Crown himself, and sets that upmost upon the Top.— This Crown also hath its Law, and that is Jus Canonicum, the Canon-Law, of more use unto his Popeship than both the other — Just so our Prelates from the pretended Divinity of their Episcapacy, and from the Temporal Power granted by our Princes, they would now obtrude a New Canon-Law upon us.

They have charged their Canons at us to the full, and never seating that even they would recoil back into a Parliament, they have ramm'd a prodigious, ungodly Oath into them.

The Illegality and Invalidity of these Canons (as I conceive) is easily discovered by one short Question, viz. What do you call the Meeting wherein they were made? Give it a Name to know it by: Who can frame his Argument aright, unless he can first tell against what he is to Argue? Would you consute the Convocation? They are a Holy Synod: would you argue against the Synod? Why they were Commissioners; would you dispute the Commission? They will mingle all Power together, and answer, that they were some fourth Thing, that we neither know, nor imagine.—

Quotencam vultus mutantem Protea nodo; unless they will unriddle themselves, and own what they were who made them, I may prosecute, but hardly with concludent Arguments, yet I venture.

I have conferr'd with some of the Founders of these new Canons; but I prosess clearly, that I could never yet meet with any one of that Assembly, who could (in behalf of their Meeting) well answer me the first Question in the Carechism What is your Name? Alas ! they were parted before they knew what they were, when they were together.

The sum of several Answers that I have receiv'd doth amount to this; they were a Conventional-Synodical-Assembly of Commissioners; indeed a threefold Chimera, a Monster to our Law, a Cerberus to our Religion.

Carker Polit.

A strange Commission, wherein no one Commissioner's Name is to be found! a strange Convocation, that liv'd when the Parliament was dead! a strange Holy Synod, where one Part never saw, never conferr'd with the other!— But indeed, what use or need of Conference, if that be true of these Canons, which I read of the former ones, Notumest Canones sormari Lambethe, priusquam in Synodo ventilcntur?

Thus far Preparatory: I proceed to my Arguments whereby to manifest the Invalidity of these Canons, not borrowing, but avoiding what hath formerly been instanced by others.

I will neither inveigh upon them, as un-named Commissioners, nor Infirm them as the Work of a dead Convocation, but will take them in the Capacity of their own affected Title of a Synod; such they bragged themselves to be whilst they fate, such they styled themselves in the Title Page of these (never to be Canoniz'd) Canons—the Words are — Canons treated upon in Convocation, — agreed upon in Synod.

This treating in one Capacity, and agreeing in another, is a new Mold to crafft Canons in, never used before. Canonsbred in Convocation, born in a Synod; thus altho' we had not one good Father, here are yet two Mothers to one III-favour'd' Child; never known before, nor imagined, but of Baccbus, whom the Poet calls, among other Attributes,
—Solumq; bimatrem.

I proceed—If their meeting be a Synod; either it is so by Donation, by Election, or only by Usurpation.

Donation from the King; is this Title and Authority indulged to them by His Majesty? Look through all his Highness's Letters Patents, and they are not once saluted with the ambitious Title of a Synod; yet in the Canons they have assumed it 17 Times; it is their own Pride, their own Presumption.

The King hath not done it (pardon me) no Prince ever did it, or can do it; no Power Regal, Imperial or Papal, did ever attempt it, to ordain that William and Richard, Matthew and John, &c. and I know not who more, being met and assembled upon other Summons, shall, by a Commission, be on a sudden translated from what they were, into an unthought-of National Synod, without Voice, or Choice of any Man to be concern'd; this never was done, this never can well be done.

As for the Election for such Meetings, this indeed is, or ought to be of the true Esse to a Legitimate Synod; but due Election. made up by Voices, is so much astranger to this Synod, that their Fatherhoods will confess, that they were never trusted to this Synod, as a Synod, by any, either of the Clergy, or of the Laity.

Concerning the Choice of a few of them, and but a few (about 50, as I guess) chosen to the Convocation-House, that Choice will never render them a Lawful Synod, until they can prove Metamorphosis and Transubstantiation- for the Rights of all their Chusers, upon expiration of the Convocation-House, return'd back home to every Man's Bosom from whence they breathed; so that if you will enlive the same to be now Synodal, who were before but Convocational, you must renew the old Pythagorean Transmigration; for they want the Breath and Life of an Election, and a new one you have not, and the old one is not to be had, but by Μετεμψύχωσις.

Besides, I do affirm, and shall prove, that the Electors to a Convocation, and to a Synod, are not all one; the Clergy only do, and of right ought to chuse unto the Convocation-House: The Reason? we of the Laity (as they call us) have our House of Commons where our Trustees, by vertue of our Voices, do fit at the same Time; but in the Choice unto a Synod, we, who must be bound by the Determinations of the Synod, ought also to be interested in the Parties determining; this is clear enough in Reason, and will be better cleared presently.

Of Synods, I find Five several sorts. First, a General or Universal Synod; Secondly, Patriarchal; Thirdly, National; Fourthly, Provincial; Fifthly, a Diocesan Synod. I pass by the two first, and last, as not pertinent to this Time, and Affair; concerning Provincial and National Synods, a Word or two, if I knew which to call their late Meeting; they run on Riddles, and I want an Oedipus at every turn.

These Canons were they forged in one Synod National, or in any Provincial? Were they any Provincial Synod? How then come their Acts and Canons imbodied together? How comes it to pass, that all the Canons speak in the singular number? The Synod, the Holy Synod, the Sacred Synod; Sacred will now be hardly granted, unless as the Poet doth

—Auri sacra fames —

Was it then but one? Was it a National Synod? why the Provinces (we all know) never did Convene, they never met together: Look upon the Representative Body of the Commons of this whole Land; every one, within the same Walls, hearing every one's Arguments, and thereupon mending, altering, and (as occasion is) correcting his own Judgment, and afterwards (ὁμοθυμαδον]) joining in unanimous consent; and if the able Members of the North beyond Trent were divided from the rest, there would quickly be found a want of their worth and weight; nor could their sitting, at the same Time, at York, make the rest a House of Commons here, for the whole kingdom must be represented entire.

But as we have done with the Title Synod, so let us give them the Title National, a National Synod, and you will see how inconsistent and invalidous they are.

The very Esse of every Synod doth subsist in a double Foundation, Fundamentum teriale, and Fundamentum formale.—The due Materials of a Synod, are the interior Qualities and the Endowments of the Persons whereof the Synod, consisteth; not their extraordinary Dignities and Promotions. And therefore every Man thus qualified, is as capable to be of the Synod, as any Dean or Archdeacon of them all.

The Fundamentum formale, is Delegatio ab Ecclefia,& debita Electio, a due Choice to be made by all that are, or shall be concerned in the determination of the Synod;and this Trust of Choice may fall upon another Man, as well and as soon as upon a Dean or Archdeacon.

I will not quarrel the want of able Parts in any Members of that late, doubtful dangerous Meeting; I grant them the Materials of a true Synod; but I will insist only upon the second, want of Form, want of due Election: which if they want, the most virtual and most obliging Tie, and the most binding Partis wanting.

That they had no such Election, we need not go forth to prove; No one Man in the Kingdom can say that he gave a Voice to the Election of any Dean, or Archdeacon to fit for him in that Synod; nor were the Clerks chosen by all who were to be bound: so then there remaineth only to be proved this, That such Election of Persons by all Persons to be concern'd in the Decrees and Canons, is necessary to the Constituting of a lawful Synod; which is all one as to say, That the election to a Synod ought to be both by the Clergy and Laity.

Mr. Speaker, I will trouble you but with one Reason, and a very few Instance all briefly.

The Arts and Canons of every Lawful, National Council or Synod, ought to bind the whole Nation, both Laity and Clergy; but this cannot be reasonable and just, if the Laity be excluded, both from such Consultation, and from choice of Consulters. The Reason is plain, it is a Ground in Nature, and so consessed in this very Case by Dr. Field, who hath it out of Occam —Quod omnes tangit, ab omnibus tractari debet. And this is clear a Maxim, That in this very sense also, for the Laity to be present at councils, this very Aphorifm is used by the Pope in his own Glofs upon the Canonift Gratian,Quod omnes tangit, ab omnibus tractari debet. Surely our Clergy are much too high, if herein they would out_go the very Canons of the Papal Synods, and conclude that which shall bind all, where all are not admitted to Treat, neither by themselves, nor by Proxy.

Now the Benefit of this Law of Nature and of Reason (as Dr. Field calleth it) we claim: The present Canons do concern us; I may be a Church_warden, my Son may be a Master of Arts, then must I present upon their yet unborn Articles, and he must swear their Oath of Convenant—Well, they were never trusted by us unto a Synod, and therefore ought not to be by us at all named; it is against Nature and Reason.

To second this Argument by Instances in proof of Practice, I shall produce a few, and but a few of many Examples and Authorities, that I originally cannot now command, but must be content to name a few Tracts, which, by way of Transcript, do walk along with my Vade Mecum.

The Point that I would establish, is this, That in Synods and Councils, where Lay_men are concerned in the Decrees, there the Laity may be present to Consult, if not also to Decide; the Conclusions I will but point at; I will not enlarge to the vouching every Place verbatim; Dr. Field, Dr. Fulke, goulartius, are clear and positive in this Point.

Our Statutes for collecting and gathering together the former Canons into a new Body, do clearly evidence this unto us; in all which there is an equal Proportion, 16 of the Clergy, and as many of the Laity.

The Author of the History of Trent, is frequent in this Point, adding this for a Reason; That in a General Council, the Universal Church cannot be represented, if the Laity be excluded; so by the Rule a paribus, the Reason holdeth the same National Council cannot represent, if but one degree of many Men of one Quality and Capacity be only present, and the rest altogether excluded.

Gratian, the Canonist, doth allow the Laity to be present, especially in such Councils as do treat of Faith, and for proof doth vouch Pope Nicholas.

I will omit many Proofs of many Emperors being personally present in many Councils by themselves, and sometimes by their Vicegerents; as Marcellinus, Candidianus, Martianus, &c. yet even this is Argumentative for us, and a preservation of our Right, for the Laity to be present.

The Greek Historians are so plentiful, that I will only name them.

• Theodoret, 1. 5. C. 9.
• Exsebius devita Constantini, 1.3.C.9,&10.
• Sozomen, 1.I.C.16,& 17.
• Niceph. Callistus, 1.8.C.I.
• Socrates, 1.I.C.5.& 1.6 C.2.
• Evagrius Scholast. 1.2.C.4, & C.27.

Among the Latin Fathers, Cyprian is very plentiful.

As for Councils, look,
Nice 1. vouched by Eusebius de vita Constantini — 4.Conc. Cartbag. cited by Gratian — the Council of Eliberis in Spain; Council of Constantinople in Theodoret — Council of Constance, and thesecond Nice — where it is said of the Imperial Lady, the Famous Pulcheria Augusta, that Ipsa per Semetipsam in Sancta quarta Synodo sedit: which Fourth Synod was with Martianus the Emperor.

To these I add the very Ordo celebrandi Concilia, written by Isidore, and like unto the Modus tenendi Parliamentum.

Thus much for Human Teftimony; I have done with my hafty Notes; only I add this, and I beseech you to intend it:

Whilst we of the Laity had our Power and Voices to chuse our own Ministers, and our own Bishops, (which is our Ancient Right, constantly allowed and practised in the best Primitive Times, where of the Proofs are yet evident enough) so long (I say) we might trust them in a Synod, whom we first had trusted to direct and guide our Souls in all the Ministerial Functions— but to conclude us up now, and shut us out contrary to the Law of Nature and Reason, contraru to Ancient Usages, not to admit us to Determination, nay to exclude us from Consultation, and after all to take from us all Assent, both in Choice and in Resusal of Pastors to be set over us, and yet to bind us by Decrees; so we may prove (I fear) no less than Soul_Tyranny. I do not press the deserved Right of our Choice of Pastors; but one Thing more lend me patience to add, as a supreme Coronis to all that I have said, for the Right of the Laity to Synods.

Look (I beseech you) in the first Synod that ever washeld in the Christian Church, and that for so great and singular a Cause, as never was occasion for the like in the World before, or since. You have it in the First of the Acts of the Holy Apostles, and is for the Choice of a new Apostle. There were in this Synod, and of this Synod the Eleven Apostles, Acts I. 13. With the Brethren of the Lord, Vers. 14. There were the Disciples; there was Turba, ὄχλος, a Multitude of about 120 Names, Verse 15. St.Peter tells them, that out of that Number one must be ordained to be a Witness of the Resurrection of our Saviour; thereupon what doth the Multitude of Disciples there present ? Ἔστησαν δύω Verse 23. they place or set two before the Apostles; and the same Men, viz. all the Disciples, v. 26. Ἔδωκαν κλήρους αὐτοις, They give forth their Lots; and thereupon the Lot falling upon Matthias, he was numbred (faith our Translation) with the Eleven Apostles; but the Original is more, συγκατεψηφίσθη, communibus calculis annumeratus est, he was by common Assent, or by common Voices reckoned with the Eleven. Now who were these common Voices ? Who were these 120 Men? Evangelists, Bishops, Deacons and Presbyters, or Elders, as yet, there was not one in all the World; the Apostles were but Eleven, perhaps not numbred in this 120; the Disciples, if you will say that they were there, yet they were but 70. So that here is no Evasion; the Laity were present, and not passive only, but they were active in this Original, so weighty a Synod.

My second Instance in this kind is out of the second Council that ever we read was held, and that is Acts.6 where the Apostles call a Council for the Choice of 7 Deacons; Then the Twelve called the Multitude of Disciples to them, Verse 2. πλῆθος τῶν Μαθητῶν, They being assembled, do not say, We have Decreed, we have Ordered, and Ordained, and Enjoined; but their Language is, v. 3. Ἐπισκέψαθε άδελφοὶ, Brethren look you out; the Word is the same as ἐπισκοπως both from ἐπισκοπειν, to oversee; Do you over see among you seven men of honest report. And the saying (as it is vers.5.)pleased ἐνώπιον παντὸς του πλήθους, the whole multitude; there is a Consent of theirs, more plain in και ελέξαντο they, the multitude chose seven, Stephen and Philip, &c.Οὗς ἔστησαν ἐνώπιον των Aποστόλων, whom they (still the Multitude, τὸ πλῆθος), v. 6. did set or place before the Apostles.

The Third and the last shall be the Πανκαθόλικον, the Great and General Council held by the Appstles upon the Dissentions of the Church in point of Circumcision, (and that is Acts 15.) there you shall again find present πᾶν τὸ πλῆθος v. 12. all the multitude. But you will say and object, that the next Word is ἐσίγησε the multitude kept silence. True. Ergo, what? Therefore they spake not at all in the Council? Nothing less: But, Ergo, they had spoken before; for it is plain by the Word (THEN) Then all the Multitude kept silence. If they had nothing there to do, but to be always silent, this Particle of Time (Then) might well have been spared. This may perhaps be objected, and therefore ought to be prevented; for the farther clearing whereof, observe (I pray) the next, ver. 13. where in like manner it is said of Paul and Barnabas, ματα δὲ τὸ σιγῆσαι αὐτοὺς And after they held their peace, Ergo, they had spoken: And therefore the Fryar, who collected together the Rody of Councils, (Peter Crabbe, a German) doth, even from this Place inset a Consent of the People, saying, Tacuit omnis multitudo, consentiens Petro.

But if you will have this more clearly evidenced beyond all Exceptions, pray take notice of the Resolution of this Synod, ver. 22. Then pleased it the Apostle and Elders, with the whole Church; What is that? The blessed Apostles and their Fellow-Labourers did not ingross, and (as our Churchmen affect to do) usurp and Monopolize the Word Church, as proper only to Churchmen; nay, you shall find it in the Epigraphie of Canons and Decrees of this True, Holy and Sacred Synod that the despifed Laity are in these Canons conjoin'd with the Blessed Apostles although Pope and Patriarch, Primate and Metropolitan, Archbishop and Bishops, yea even down to Dean and Archdeacon, (I have heard it) do despise the Thoughts of admitting the Laity, I do not say to Decision, but even to Consultation, nay to the very choice of Consulters; nay lower, even so much as to have a Negative Power, when a Man of Inability, and of III Life is obtruded upon them. I proceed; for I would not orare, but probare; look ver. 23. they that were prtsent had Voices; they who voiced the Canons joined in the Decrees; and sending the Decrees to Antioch; the Words are, All the Apostles, and Elders and Brethrea send greeting to the Brethren which are in Antioch, &c. Here the Brethren at Ierusalem are (with the Apostles and the Elders) Actors in, and Authors of the Canons in this Council agreed; there is no Evasion, no Elusion to be had, unless you will prove, that all the Brethren in Antioch, to whom these Brethren in Jerusale did write, were only clergymen.

Which if you should affirm, our Clergy will hardly be pleased with you; for they must then be of the Multitude, not a special Lot; for Barnabas and Paul deliver this Epistle (being the Decrees of this Synod) to the Multitude, τὸ πλῆθος as it is found in the 30th Verse, And when they had gathered the multitude together, they delivered the Epistle.

Thus much in way of pursuit of this one Argument, That no Canons can bied the Laity, where we have no Voice of our own, nor choice of the Clergy-Person who do found them, nor Assent in the Susception of them after they are framed Quod omnes tangit, ab omnibus tractari debet.

Mr. Speaker, It remains as a Wish, That every Member of that Meeting, who voted these exorbitant Canons, should come severally to the Bar of the Parliament House, with a Canon-Book in his Hand; and there, unless he can answer his Catechism (as I call it) and shew what is the Name of their Meeting, and (unless he can manifest, that the Laity are no part of the Church) conceptis verbis, in such express Terms as the House shall think fit, to abhor his own ill-begotten Issue, or else be commanded to give fire to his own Canons.

Mr. Nathanael Fienes his Speech, Decemb the 14th, 1640.

Mr. Nathanael Fienes his Speech, Decemb. 14. 1640.

Mr.Speaker,
Now that we are about to brand these Canons in respect of the Matter contained in them, it is the proper Time to open the foulness thereof; and tho' much of this hath been anticipated in the general Debate, yet if any thing hath been omitted, or any thing may be farther cleared in that kind, it is for the Service of the House that it should now be done.

Sir, I conceive these Canons do contain sundry Matters, which are not only contrary to the Laws of the Land, but also destructive of the very Principal and Fundamental Laws of this Kingdom. I shall begin with the first Canon, wherein the Framers of these Canons have assumed unto themselves a Parliamentary Power, and that too in a very high degree; for they have taken upon them to define what is the Power of the King, what the Liberty of the Subject, and what Propriety he hath in his Goods; if this be not proper to a Parliament, I know not what is: Nay, it is the highest Matter that can fall under the consideration of a Parliament, and such a Point as wherein they would have walked with more tenderness and circumspection than these bold Divines have done. And surely, as this was an Act of such Presumption, as no Age can parallel; so it is of such dangerous Consequence, as nothing can be more: for they do not only take upon them to determine Matters of this nature, but also, under great Penalties, forbid all Parsons, Vicars, Curates, Readers in Divinity, &c. to speak any other Way of them, than as they had defined; by which Means having seized upon all the Conduits whereby Knowledge is conveyed to the People, how easie would it be for them to Undermine the King's Prerogative, and to suppress the Subjects Liberty, or both?

And now, Sir, I beseech you consider how they have defined this high and great Point. They have dealt with us in matter of Divinity, as the Judges had done before in Matter of Law; they first took upon them to determine a Matter that belonged not to their Judicature, but only to the Parliament; and after by their Judgement they overthrew our Propriety: and just so have these Divines dealt with us; they tell us, That Kings are an Ordinance of God, of Divine Right, and founded in the prime Laws of Nature; from whence it will follow, That all other Forms of Government, as Aristocracy and Democracy, are wicked Forms of Government, contrary to the Ordinance of God, and prime Laws of Nature; which is such new Divinity, as I never read in any Book, but this Book of Canons.

Mr.Speaker, We all know, That Kings, and States, and Judges, and all Magistrates, are the Ordinance of God; but, Sir, give me leave to say, They were the Ordinances of Men, before they were the Ordinances of God. I know I am upon a great and high Point, but I speak by as great, and as high a Warrant, if St.Peter's Chair cannot err (as St.Peter's Epistles cannot) thus he teacheth us, Submit your selves to every Ordinance of Man for the Lord's sake, whether it be to the King as Supream, or to the Governor; as to him that is sent by him, &c.

Sir, It is worthy Noting, That they are Ordinances of Men, but that they are to be submitted unto for the Lord's fake; and truly one Power is as Just, and their Subjects Allegiance as due unto them, tho' we suppose them to be first Ordinances of Men, and then Confirmed and Establised by God's Ordinance, as if we suppose them to be immediate Ordinances of God, and so received by Men. But there was somewhat in it, that these Divines aimed at; I suppose it was this; If Kings were of Divine Right, as the Office of a Pastor in the Church; or founded in the prime Laws of Nature, as the Power of a Father in a Family, then it would certainly follow, that they should receive the Fashion and Manner of their Government only from the Prescript of God's Word, or of the Laws of Nature; and consequently, if there be no Text, neither of the Old nor New Testament, nor yet any Law of Nature, That Kings may not make Laws without Parliaments, they may make Laws without Parliaments; and if neither in the Scripture, nor in the Law of Nature, Kings be forbidden to lay Taxes, or any kind of Impositions upon their People without consent in Parliament, they may do it out of Parliament: And that this was their meaning, they express it after in plain Terms, for they say That Subsides and Taxes, and all manner of Aids are due unto Kings by the Law of God, and of Nature: Sir, if they be due by the Law of God, and of Nature, they are due, tho' there be no Act of Parliament for them; Nay, Sir, if they be due by such a Right, a Hundred Acts of Parliament cannot take them away, or make them undue. And, Sir, that they meant it of Subsidies and Aids taken without Consent of Parliament, is clear by that Addition that they subjoyn unto it, that this doth not takeway from the Subject the Properiety he hath in his Goods; For had they spoken of Subsidies and Aids given by Consent in Parliament, this would have been a very ridiculous Addition; for who ever made any Question, whether the giving Subsidies in Parliament did takeaway from the Subject the Properiety he hath in his Goods, when as it doth evidently imply, they have a propriety in their Goods? For they could not give, unless they had something to give; but because that was alledged as a chief Reason against Ship-Money, and other such Illegal Payments, Levied upon the People without their Consent in Parliament, that it did deprive them of their Propriety which they have in their Goods; these Divines would seem to make some Answer thereunto; but in Truth their Answer is nothing else, but the bare Assertion of a Contradiction; and it is an easy Thing to say a Contradiction, but impossible to reconcile it: for certainly, if it be a true Rule (as it is most ture) Quod meum est, fine consensu meo non potest fieri alienum; to take my Goods without my Consent, must needs destroy my Propriety.

Another Thing in this first Canon, wherein they have assumed unto themselves a Parliamentary Power, is, in that they take upon them to define what is Treason, besides what is determined in the Statute of Treason. They say, to set up any Coactive, Independent Power, is Treasonable, both against God and the King. The Question is not, Whether it be true they say, or no; but whether they have Power to say what is Treason, and what not? But now, Sir, that I am upon this Point, I would gladly know what kind of Power that is, which is exercised by Arch-bishops, Bishops, Deans, Arch-Deacons, &c. Cocactive certainly it is, all the Kingdom feels the Lath thereof; and it must needs be Independent, if it be sure Divino, as they hold it: for they do not mean by an Independent Power, such a Power as doth not depend upon God. Besides, if their Power be dependent, upon whom is it dependent? Not on the King; for the Law acknowledgeth no Way whereby Episocopal Jurisidiction can be derived from his Majesty, but by his Commission under the Great Seal, which (as I am informed) they have not. I speak not of the High Commission, but of the Jurisdiction which they Exercise in their Archiepiscopal, Episcopal, Archidiaconal Courts, &c. and therefore, if their own Sentence be Just, we know what they are, and what they have pronounced against themselves. But, Sir, it were worth knowing what they aim'd at in their Independent Coactive Power, which they term Popular. I will not take upon me to unfold their Meaning, but we know Dr.Beal had a Hand in the making these Canons, and if we apply our Paraphrase to the Text, it may give us some clearness. I remember, amongst other Notes of his, this was one; That he did acknowledge the King's Supermacy, but would join unto him an Assistant, viz. the People; meaning this House, which being the representative Body of the Commons of England and claiming, as it is so, a share in the Legislative Power, Dr.Beal calleth this a joying of an Assistant to the King, in who solely he placeth the Power of making Law; and that it is but of Grace, that he assumeth either the Lords or Commons for the making of Laws with him.

Now, Sir, the Legislative Power is the greatest Power, and therefore Coactive and it is the Highest Power, and therefore Independent; and if every State for the proportion it hath therein, should have such Power, it should not have it of Right, as founded in the Fabrick and Frame of the Policy and Government, but of Grace, and by Commission, as Dr.Beal assirmeth. I have done with the first Canon; only I shall add this, That considering the Principles and postions that are laid down therein, and comparing them with a Clause towards the end of the canon, that in no Case imagainable it is Lawful for Subjects to Desend themselves we may judge how far forth these Canons were to prepare Mens Minds for the Force that was to follow after, if the Accusation against my Lord of Strafford be laid a right: For the Matter it self, I hope there will never be any need to dispute that Question; and I do believe they had as little need to have published that position, had it not been upon Design.

As for the second Canon, therein also they have assumed to themselves a Parliamentary Power, in taking upon them to appoint Holy Days; whereas the Statutue faith in express Words, That such Days shall be only kept as Holy Days, as are named in the Statute, and no other; and therefore, tho' the Thing may be bonum, yet it was not done bene, because not Ordained by Parliament. Notwithstanding what hath been alledged to the contrary, it seemeth to me to be the appointing of an Holy Day, to set a Time apart for Divine Service; and to force Men, under Penalties, to leave their Labours and Business, and to be present at it: And of the same Nature is that other Clause in the same Canon, wherein they take upon them without Parliament to lay a Charge upon the People, enjoining two Books, at least, for that Day, to be bought at the Charge of the Parish; for by the same Right, that they may lay a Penny on the Parish without a Parliament, they may lay a Pound, or any greater Sum.

As to the third Canon, I shall pass it over, only one Observation that my Neighbour of the Long Robe made upon it, seems unto me so good, as that it is worth the repeating: That whereas in the Canon against Sectaries there is an especial Proviso, That it shall not derogate from any Statute or Law made against them {as if their Canon had any Power to Disannual an Act of Parliament} there is no such Proviso in this Canon against Papists; from whence it may be probably conjectured, that they might have drawn some colour of Exemption from the Penel Laws Established against them, from this Canon; because it might seem hard, that they should be doubly Punished for the same Thing; as we know in the point of Absence from the Church, the Law provideth, That is any Man be first punished by the Ordinary, he shall not be punished again by the Justice.

For the Fourth Canon against Socinianism, therein also the Canon-makers have assumed to themselves a Parliamentary Power, in determining an Herefy, not determined by Law, which is expresly referved to the Determination in Parliament. It is true, they say it is a Complication of many Herefies condemned in the Four first Councils, but they do not say what those Herefies are; and it is not possible that Socinianism should be formerly condemned in these Councils; for it is sprung up but of late; therefore they have taken upon them to Determine and Damn an Herefy, and that so generally, as that is may be of very dangerous Consequence; for condemning Socinianism for an Herefy, and not declaring what is Socinianism it is left in their Breast whom they will judge and call a Socinian. I would not have any Thing that I have said, to be interpreted as if I had spoken in favour of Socinianism, which {if it be such as I apprehend it to be} is indeed a most Vile and Damnable Herefy; and therefore the Framers of the Canons are the more to blame in the next Canon against Sectaries, wherein, besides that in the Preamble thereof; they lay it down for a certain Ground, which the Holy Synod knew full well, that other Sects {which they extend not only to Brownists and Separatists, but also to all persons, that, for the space of a Month, do absent themselves, without a Reasonable Cause, from their own Parish-Churches} do equally endeavour the Subversion of the Discipline and Doctrine of the Church of England with the Papists, although the worst of Men do not bear any proportion in that respect to the Papists: I say, besides that, they make them equal in Crimes and Punishment to the Papists, notwithstanding the great disproprtion of their Tenets.

There is another Passage in this Canon relative to that against Socinianism, which I shall espepcially offer to your Consideration, and that is this; That is a Gentleman coming from beyond Seas, should happen to bring over with him a Book contrary to the Discipline of the Church of England, or should give such a Book to his Friend; nay, if any Man should aber, or maintain an Opinion contrary thereunto, tho' it were but in Parliament, if he thought it fit to be altered, by this Canon he is Excommunicated ipso facto, and lieth under the same Consideration, and is liable to the same Punishment, as if he had maintained an Opinion against the Deity of Christ, and of the Holy-Ghost, and of our Justification by the Satisfaction of Christ.

Sir, If in Things that are in their own Nature indifferent; if in Things disputable, it shall be as heinous to maintain and abet an Opinion, as in the most horrible, and monstrous Herefy that can be imagined; What Liberty is left to us as Christians? What Liberty is left to us as Men? I proceed to the Sixth Canon, wherein those Canonists have assumed to themselves a Parliamentary Power, and that in a very high Degree, in that they have taken upon them to Impose new Oaths upon the Subjects. Sir, Under favour of what hath been alledged to the contrary, to impose an Oath, if it be not an higher Power than to make a Law, it is a Power of making a Law of most high Nature, and of higher and farther Consequence than any other Law; and I should much rather chuse, that the Convocation should have Power to make Laws to bind Mens Persons, and Mens Estate; than that they should have a Power to make Oaths to bind Mens Consciences; a Law binds no longer than till another Law be made to alter it; but my Oath binds me as long as I live.

Again: A Law binds either to Obedience, or to undergo the Penalty inflicted by the Law; but my Oath binds me absolutely to Obedience. And lastly, a Law binds me no longer than I am in the Land, or at the farthest, no longer than I am a Member of the State wherein and whereby the Law is made; but my Oath, being once taken, doth bind me in all Places, and in all Conditions, as long as I live.

Thus much I thought good to speak concerning the Power of imposing new Oaths. As to the Matter of the new Oath, it is wholly Illegal; it is against the Law of this land; it is against the Law and Light of Nature; it is against the Law of this Land; it is against the Law of God; it is against the Law of this Kingdom, and that no obscure Law, nor concerning any mean or petty Matters; it is against the Law of the King's Supremacy, in that it maketh Archbishops, Bishops, Deans, Arch-Deacons, &c. to be Jure Divino; whereas the Law of this Land harh annexed to the Imperial Crown of this Realm, not only all Ecclesiastical Jurisdiction, but also all Superiority over the Episcopal State, and it is to be derived from him by Commission under the Great Seal, and consequently it is Jure Humano. Again, It is against the Oath of Supermacy, Established by Law, Point-blank; for therein I am Sworn, not only to Consent unto, but also to Assist, and to the utmost of my Power, to Defend all Jurisdictions, Preeminencies, &c. annexed to the Imperial Crown of this Realm, of which this is one, (and that which immediately precedeth this Oath in the Statute, and whereunto it doth especially relate) that His Majesty may Exersie any Jurisdiction, or Ecclesiastical Goverment by his Commission under the Great Seal, directed to such Persons as he shall think meet; so that if he shall think other Persons more meet than Archbishops, Bishops, &c. I am Sworn in the Oath of Supermacy, not only to Assent thereunto, but to Assist, and to the uttermost of my Power, to Defend such an Appointment of His Majesty; and in the new Oath I Swear never to consent unto such an Alteration.

In the like manner it is against the Law and Light of Nature, that a Man should Swear, or Answer (&c.) to he knows not what: It is against the Law and Light of Nature, that a Man should swear never to consent to alter a Thing, that in its own Nature is alterable, and may prove inconvenient, and fit to be altered.

Lastly, It is against the Law of God; for whereas there are three Rules prescribed to him that will swear aright; that he swear in Judgment, in Truth and Righteousnes; He that shall take this new Oath, must needs break all these There Rules; He cannot swear in Judgment, because his Oath is so full of Ambiguities that he cannot tell what he swears unto; not to speak of the Extravagant Ambiguity of the &c. there is scarce one Word that is not ambiguous in the principal Parts of the Oath. As first, what is meant by the Church of England, whether all the Christians in England, or whether the Clergy only, or only the Archbishops, Bishops, Deans, &c. or whether the Convocation, or what? In like manner it is as doubtful what is meant by the Discipline, and what by the Doctrine of the Church of England; for what some call superstitious Innovations, others affirm to be consonant to the Primitive, and that the purest Reformation, in the time of Edw. 6. and in the beginning of the Reign of Queen Elizabeth: And as for the Doctrine of the Church of England, if all the Positions that of later Years have been challenged by some Divines to be Arminian and Popish, and contrary to the Articles of our Religion; and which, on the other side, have been Asserted and Maintained as consonant to the Doctrine of our Church: and if the Articles of Religion were gathered together, they might make a pretty Volume: Nay, Sancta Clara will maintain, in despight of the Puritan, That the Doctrine of the Church of Rome is the Doctrine of the Church of England. Truly, it were fit that we knew what were the Doctrine and Discipline of the Church of England, before we swear to it: And then, Sir, give me leave to say, That I should be very loth to swear to the Discipline, or to the Doctrine or Tenets of the Purest Church in the World, as they are collected by them, farther than they agree with the Holy Scriptures.

Lastly, It is so doubtful what is meant by the Doctrine and Discipline Established and what by altering and consenting to alter; whether that which is accepted and established by any Act of Parliament? Or whether that also that is Established by Canons, Injunctions, &c. And whether it shall not extend to that which is Published by our Divines with the Allowance of Authority; and so for Contesting to alter, whether it be only meant, that a Man shall not be Active in altering, or whether it extends to any Consent, and so that a Man shall not submit to it, nor accept of it, being altered by the State ?

More Ambiguities might be shewn, but these are enough to make it clear, That he that shall take this Oath, cannot swear in Judgment: Nor can he swear in Truth; for it is full of Untruths: It is not true, that Discipline is necessary to Salvation. It is not true, that Archbishops, Bishops, Deans, Archdeacons, &c. are Jure Divino, as they must needs be, if the Law-makers ought of right to Establish them, as they are Established; for the Law-makers are not bound, as of right, to frame their Laws to any other than the Laws of God alone. Now whether the Bishops be Jure Divino, we know it is a Dispute among the Papists, and never did any Protestant hold it, till of late Years; but that Archbishops, Deans, Archdeacons, &c. should be Jure Divino, I do not know that ever any Christian held it before; and yet he that taketh this Oath must swear it.

Lastly, As he that taketh this Oath cannot swear in Judgment, nor in Truth, so neither can he swear in Righteousness; for it is full of Unrighteousness, being indeed (as hath been well opened) a Covenant in Effect against the King and Kingdom: For if the whole State should find it necessary to alter the Government by Archbishops, and Bishops, a great part of the Kingdom, especially of the Gentry, (for not only the Clergy, but all that take Degrees in the University are bound to take it) will be pre-engaged not to consent to it, or admit of it. Again, It is a great wrong to those that shall be Parliament-men, that their Freedom shall be taken away, being bound up by an Oath, not to consent to the altering of a Thing. which it may be sit and proper for a Parliament to alter; and suppose that for the present it be no hindrance to the Service of God, nor yet burthensome to the King and Kingdom, yet if it should prove so hereafter, for a Man to be bound by an Oath never to consent to alter it, may be a great Wrong to God in his Service, and to the King and Kingdom in their Peace and Welfare; and therefore this Oath cannot be taken in Righteousness.

For the other Oath, De Parendo furi Ecclesie, & Stando Mandatis Ecclesie, tho it makes less Noise than the other, yet it is not of less dangerous Consequence. If I remember well the Story, this was the Oath that the Pope made King John to take, and when he had sworn Stare Mandatis Ecclesie, the Pope commanded him to Resign his Kingdom to him: And truly be he Gentleman, or Nobleman, or what-ever else, when he hath once put his Neck inro this Noose, his Ghostly Fathers may drag him whither they will; for they have the Quantity and the Quality of the Penance in their own Breast; and if they shall enjoin him to give any Sum towards the Building of a Church, or the Adorning of a Chapel, he must pay it; or if they should enjoyn him any servile, base Action, (as there are not wanting Examples of that kind in the time of Popery) they are sworn Stare Mandatis Ecclesie, and so cannot recede, but must perform it: Nay, I date not warrant any Man from the Rods of Henry the Second, or of Raymond of Tholouze. What hath been done, may be done; I am sure the Power is the same. And that other Oath also (tho' more usually in Practice, and more consirmed by these new Canons) which is Administred to Church-wardens, would be looked into; for it is hardly possible for them that take it, not to be foresworn, being they swear to so many Particulars, that they cannot mind; and to some that they cannot understand; as how many Church-wardens are there in England that understand what Socinianism is, in case they be sworn to present the Offenders against that Canon which concerns that Matter ? I shall only add a Word or two Cancerning two Canons more, which seem to be Canons of Reformation.

The first is concerning Excommunication to be pronounced only by a Divine; wherein it is alledged for the Framers of these Canons, That if they have not more Law on their Sides, yet they may seem to have more Reason. For my part, as in all other Things, I think they have so mended the Matter, that they have made it far worse; for before, that which was found fault with was this; That a Layman did that which the Grave Divine should have done; and now the Grave Divine must do whatever the Layman would have done: For the cognizance of the Cause, and the Power of Judicature is wholly in the Layman; only the Grave Divine is to be his Servant, to Execute his Sentences, and hath such a kind of managing the Spiritual Sword allowed only to him, as the Papists, in some Cases were wont to afford unto the Civil Magistrate, in respect of the Temporal Sword: For as if the Civil Sword by an Implicit Faith had been pinned to the Lawn-Sleeves, they Condemned Men of Heresy, and then deliver'd them over to the Secular Power: But what to do? Not to have any Cognizance of the Cause not to Exercise any Power of Judicature, but only to be their Executioners, and to burn the Hereticks whom they had condemned; and so they judged Men Excommunicate, and then the Civil Power was to send out Writs de Excommnnicato Capiendo against them: But one said well, That the Sword, without Cognizance of the Cause of Judgment, was like Polypbemus without his Eye, it became Violence and Fury; but being accompanied with the Eye of Judgment, it is Equity and Justice: And surely, where the Spiritual or Civil Governor is called upon to strike, he must be allowed to see, and judge whom, and where he strikes; otherwise he will be able to give but an ill Account to God of the Managing of the Sword wherewith he is intrusted.

The other Canon is the last Canon, against Vexatious Citations, wherein they seem to have sense of the great Grievances that poor People lye under, by occasion of vexatious Citations and Molestations in Ecclesiastical Courts; and I verily believe, that there is not a greater Oppression in the whole Kingdom upon the poorer fort of People, than that which proceedeth out of these Courts. But now, Sir, let us see what Provision they have made against it by this Canon.

They say, because great Grievances may fall upon People by Citations, upon pretence only of the Breach of that Law, without any Presentment or any other just Ground; that no Citations grounded only as aforesaid, shall issue out, except it he under the Hand and Seal of the Chancellor, Commissary, Arch Deacon, or other competent Jndge: So that (if there be any Sense in these Words) tho there be no Presentment at all, not any other just Ground, yet a Citation may issue out, so it be under the Hand and Seal of the Chancellor, Commissary, or other Competent Judge; and the Party shall not be discharged without Paying his Fees, not have any Relief by this Canon. But suppose the Citation be not under the Hand and Seal of any competent Judge, and that there was neither Presentment not any just ground for it, shall he then he dismissed without paying any Fees? No, unless first, contrary to the Laws of Nature, there being no Presentment, not just ground of Accusation against him, he shall by his Oath purge himself of prerended Breaches of Law, and then too he shall only have the Fees of the Court remitted, but shall have no satisfaction for his Troublesome and Chargeable Journeys, and for the loss of his Time, and being drawn away from his Affairs: Nay, lest they should seem to have been too liberal of their Favour, they add a Proviso in the Clause of the Canon, That this Grace of theirs shall not extend to any Grievous Crime, as Schism, Incontinency, Misbehaviour in the Church, or Obstinate Inconformity. And what do they call Misbehaviour in the Church? If Man do not kneel at the Consession, or have his Hat on when the Lessons an reading. In like manner, What do they call Obstinate Inconsormity? If a Man will not think what they would have him think; if a Man will not say what they would have him say;if a Man will not swear what they would have him swear; if a Man will not read what they would have him read; if a Man will not Preach what they would have him Preach; if a Man will not Pray what they would have him Pray: In short, if a Man will not do whatever they would have him do, then he is an Inconformist: And after that they have duly Admonished him primo, secundo, tertio, all in one Breath, then he is contumacious, then he is an obstinate Inconformist.

Now, Sir, my humble Motion is, That in consideration of all the Premises and what besides hath been well laid open by others, we should proceed to damn these Canons, not only as contrary to the Laws of England, but also as containing sundry Matters destructive of the Rights of Parliament, of the Fundamental, and other principal Laws of this Kingdom, and other ways of very dangerous Consequence.

Sir Benjamin Rudyard's SPEECH about the Canons.

Sir Benj. Rudyard's Speech, Dec. 15. 1640.

Mr. Speaker,
A Man may easily fee to what tend all these Innovations and Alterations in Doetrine and Discipline, and without a Prospective discover afar off the toilsomness of these spiritual Engineers, to undermine the old and true Foundations of Religion, and to establish their tottering Hierarchy in room thereof; which, left it should not hold, being built with untempered Mortar, you fee how careful they are by a vast Oath to force Mens Consciences not to alter their Government Archiepiscopal, &c.

Mr. Speaker, The Thoughts of the Righteous are right, but the Councils of the Wicked are deceit, and nothing else in their Hearts but Destruction and Devastation; but to the Councellors of Peace is Joy; as long as they kept themselves within the circuit of spiritual Commerce, and studied to keep Mens hearts upright to God, and his Truth, there was no such complaining in our Streets of them, nor had we ever seen so many Thousands against them, as now there are come in and no marvel, tho' God withdrew so many Hearts and Hands from them, who have turned so many out of the Way of Truth; via tuta they have stopt up, but via devia they have enlarged, and left open, as appears by their crooked Canons.

Mr. Speaker, I shall not go about to overthrow their Government in the Plural, but to limit and qualify it in some Particulars; for as Sir Francis Bacon long fincewell observed, there were two things in the Government of Bishops, of which he could never be satisfied; no more am I. The first was, the sole Exercise of their Authority: And secondly, The Deputation of that Authority. But Mr.Speaker, I shall not now dispute of either; for my own Part, I love some of them so well, and am so charitable to rest, that I wish rather their Reformation, than their Ruin: but let me tell you withal, That if we shall find among them any Proud Becket, or Woolsey -Prelates, who stick not to write, Ego & Rex meus; or if there shall be found any Bonners, &c. such, I prosess, I would not spare, for they will spare none: but if in the counterbalance there may be found but one good Cranmer, or one good Latimer or Ridley, I would esteem and prize them (as rich Jewels) fit to be fet in the King's own Cabinet: for such. I am sure, will pray for the Peace of Jerusalem and for the Peace of King Charles, and his Three Kingdoms, which God long preserve in Concord and Unity. But, Mr. Speaker, we must also be Actors in the Preservation of Religious Concordance, which will never be safe nor well at quiet, until these heavy, drossy Canons, with all their base Metal, be melted and dissolved: Let us then dismount them, and destroy them, which is my humble Motion.

Ordered to morrow at Nine of the Clock to take into further Consideration these Particular Canons in respect of their Matter.

Pool's Sub-Committee.

The Sub-Committee for Mr.Pool's Business is made a Select Committee from this House, with the addition of Sir Gilbert Gerrard, Mr. Stevens, Mr. Dutton, Mr. Young, Mr. Paul Wheeler, and with Power to assign and hear Councel, and to receive all Petitions that may have relation to this Business.

The whole matter concerning Mr. John George, a Member of this House, is recommitted to the same Committee formerly appointed to examine the Complaint Exhibited against the said Mr. George, with Power to send for the patents of conservacy, and the patent for Amerciaments, and are to deliver their Opinions to the House upon the whole matter: And they are likewise to take into consideration all Patents and commissions whatsoever concerning the Pretended conservacy of Waters; And are to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Court.

Sir Edward Bishop

Resolved upon the Question,
That the Election of Sir Edward Bishop for one of the Burgesses for the Borough of Bramber in Suffex, is void.

That Sir Edward Bishop is uncapable of any Election to be a Member of this House for this Parliament.

Ordered, A Warrant to issue forth under Mr. Speaker's Hand directed to the Clerk of the Crown, for a new Writ for a new Election of a Burgess to serve in this present Parliament, for the said Town of Bramber.

Bramston.

Ordered, That John Bramston for his Abuses in his Answer to the Committee for Privileges, be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House.

Malleverer and Moyser

The Petition of Mr. Malleverer, and Mr. Moyser, complaining of Grievance in the Cafe of Knighthood-Money, is referred to the Committee that is appointed to prepare the Charge against the Lord Keeper and the Judges.

City and Subsidies.

The Burgesses of London are intreated to acquaint the City from this House, That this House does intend with all the speed and care they can, the Expedition of the Bill of Subsidies.

A Message from the Lords by the Two Lord Chief Justices.

Message touching the Treaty with the scots.

The Lords do desire a Conference presently in the Painted Chamber, if it may stand with the Conveniency of this House, by a Committee of both Houses, touching the Treaty of the Weighty Affairs with the Scots.

Answer returned by the same Messengers,

That this House has taken into Consideration the Message from the Lords, and they are now in the Debate of a great Business, and will send answer by Messengers of their own in convenient Time.

The Debate about the Canons having been reassumed,

Resolved upon the Question, Nemine Contradicente,

Votes concerning the Convocation and Synod, Nemine Contradicente.

That the Clergy of England convened in a Convocation or Synod, or otherwise, have no Power to make any Constitutions, Canons, or Acts whatsoever in Matter of Doctrine, Discipline, or otherwise, to bind the Clergy, or the Laity of the Land, without common Consent in Parliament.

Resolved upon the Question, Nemine Contradicente,

Resolutions that the Canons are Illegal.

That the Canons and Constitutions Ecclesiastical, treated upon by the Archbishops of Canterbury and York, Presidents of the Convocations for the respective Provinces of Canterbury and York, and the rest of the Bishops, and Clergy of these Provinces, and agreed upon with the King's Majesty's License in their several Synods began at London and York in the Year 1640. do contain in them Matters contrary to the King's Prerogative, to the fundamental Laws and Statutes of the Realm, to the Rights of Parliament, to the Property and Liberty of the Subjects, and Matters tending to Sedition, and of dangerous Consequence.

Resolved upon the Question, Nemine Contradicente.

That the several Grants of the Benevolence or Contribution granted to his most Excellent Majesty by the Clergy of the Provinces of Canterbury and York, in the several Convocations or Synods holden at London and York, Anno Dom. 1640. are contrary to the Laws, and ought not to bind the Clergy.

Committee to prepare the Votes of teh Commons, &c. for a Charge against the Archbishop of Canterbury.

• Mr. Pynl,
• Mr. Hollis,
• Sir Francis Seymour,
• Sir Walter Earle,
• Sir John Hotbam,
• Sir Guy Palmes,
• Sir Edw., Hungerford,
• Mr. Bagshaw,
• Sir Henry Anderson,
• Mr. Glyn,
• Mr. Grimston,
• Sir Miles Fleetwood,
• Sir John Strangeways,
• Mr. Hambden,
• Mr. Nath, Fience,
• Sir Edw. Deering,
• Sir Tho. Barrington,
• Sir Robert Harley,
• Mr. Young,
• Mr. Arthur Goodwin,
• Mr. Strangeways,
• Sir William Litton,
• Sir Gilbert Gerrard,
• Sir Hugh Cholmley,
• Sir Oliver Luke
• Mr. Perd,
• Sir Robert Howard,
• Mr. Coke,
• Mr. White,
• Mr. Rigby,
• Sir Tho. Widdrington,
• Mr. Palmer,
• Mr. Maynard,
• Mr. Whistler,
• Mr. Pelbam,
• Mr. St,Johns,
• Mr. Rogers,
• Mr. Whitlock,
• Mr. Weston,

This Committee is to Prepare the several Votes concerning teh New Canons, and to make them ready for this House, to present the same to the Lords, and to consider and examine who were the Promoters of those New Canons, and who the Principal Actors, and what Execution has been made upon them, and by whom; and to consider how far in particular the Lord Archbishop of Canterbury hath been an Actor in the great Design of teh Subversion of the Laws of teh Realm, and of the Religion; and to prepare and draw up a charge against him, and such others as shall appear Offenders in these Particulars; and have Power to send Parties, Witnesses, Papers, Books, Records, and to do any other Act which they in their Judgments shall think fit to conduce to this Bufinefs, and to meet this Afternoon at Four of the Clock in the Star-chamber.

The same Day the Scots Commissioners accused the said Archbishop, and next Morning brought in a Complaint in Writing against him which was read by the Lord Paget, and after that reported to the Commons-House as followeth.

The Charge of the Scotish Commissioners against the Prelate of Canterbury. Exhibited to the Lords House, Dec. 17. 1640.

Scots Charge against the Archbishop.

Novations in Religion, which are univerfally acknowledged to be the main Cause of Commotions in kingdoms and States, and are known to be the true Cause of our present Troubles, were many and great, besides the Book of Ordination, and Homilies.

• 1. Some Particular Alterations Matters of Religion, preffed upon us without Order, and against Law, contrary to the Form Established in our Kirk.
• 2. A new Book of Canons and Constitutions Ecclefiaftical.
• 3. A Liturgy, or Book of Common Prayer, which di also carry with them many Dangerous errors in matters of Doctrine. Of all which we challenge the Prelare of Canterbury to be the Prime Cause on Earth.

And first, That this Prelate was the Author and Urger of some Particular Changes which made great Disturbance amongst us, we make manifest,

1. By Fourteen Letters subscribed, W. Cant. in the space of two Years, to one of our pretended Bishops, Bannatine, wherein he often enjoineth him, and other Pretended Bishops, to appear in the Chapel in their Whites, contrary to the Custom of our Kirk, and to his own Promise made to the pretended Bishop of Edinburgh, at the Coronation, That none of them after that Time, should be pressed to wear these Garments; thereby moving him against his Will to put them on for that time; wherein he directed him to give order for saying the English Service in the Chapel twice a Day; for his neglect, shewing him that he was disappointed of the Bishoprick of Edinburgh; promising him upon his greater care of these Novations, Advancement to a better Bishoprick; taxing him for his boldness in preaching the found Doctrine of the Reformed Kirk against Mr. Michel, who had caught the Errors of Arminius, in the point of the Extent of the Mercy of Christ; bidding him send up a Lift of the Names of Councellors and Senators of the College of Justice, who did not communicate in the Chapel in a Form which was not received in our Kirk; commending him when he found him obsequious to these his Commands, telling him that he had moved the King the second time for the Punishment of such as had not received in the Chapel: and wherein he upbraided him bitterly, that in his first Synod at Aberdeen, he had only disputed against our Custom of Scotland, of fasting sometimes on the Lord's Day, and presumptuously censuring our Kirk, that in this we were opposite to Christianity it felt; and that amongst us there were no Canons at all: More of this stuff may be seen in the Letters themselves.

Secondly, by two Papers of Memories and Instructions from the Pretended Bishop of Saint Andrews, to the Pretended Bishop of Rosse, coming to this Prelate for ordering the Affairs of the Kirk, and Kingdom of Scotland, as not only to obtain Warrants to order the Exchequer, the Privy Council, the Great Commission of Surrenders, the Matter of Balmcrino's Process, as might please our Prelates, but Warrants also for fitting of the High Commission Court once a Week in Edinburgh; and to gain from the Noblemen, for the benefit of Prelates and their Adherents, the Abbacies of Kelso, Arbroith, St. Andrews, and Lindors: And in the smallest Matters to receive his Commands; As for taking down Galleries, and Stone-Walls, in the Kirks of Edinburgh, and St. Andrews, for no other End, but to make way for Altars, and Aderation towards the East; which besides other Evils, made no small noise and disturbance amongst the People, deprived hereby of their ordinary Accommodation for Publick Worship.

The Second Novation which troubled our Peace, was a Book of Canons and Constitutions Ecclesiastical, obtruded upon our Kirk, found by our General Assembly to be derived for Establishing a Tyrannical Power in the Persons of our Prelates, over the Worship of God, over the Consciences, Liberties and Goods of the People: and for Abolishing the whole Discipline and Goverment of our Kirk by General and Provincial Assemblies, Presbyteries, and Kirk sessions, which was settled by Law, and in continual Practice since the Time of Reformation; That Canterbury, was Master of this Work, is manifest by a Book of Canons sent to him, written upon the one side only, with the other side blank, for Corrections, Additions, and putting all in better order, at his pleasure; which accordingly was done, as may appear by Interlinings, Marginals, and filling up of the Blank Page with Directions sent to our Prelates; and that it was done by no other than Canterbury, is evident by his Magisterial Way of prescribing, and by a new Copy of these Canons, all written with St. Andrew's own hand, precisely to a Letter, according to the former Castigations, sent back for procuring the King's Warrant unto it, which accordingly was obtained, but with an Addition of some other Canons, and a Paper of some other Corrections: According to which the Book, Instructions, and his Letters of Joy, for the Success of the Work, and of other Letters of the Prelates of London, and the Lord Sterling, to the same Purpose, all which we are ready to exhibit, will put the matter out of all Debate.

Besides this general, there be some things more special, worthy to be adverted unto for discovering his Spirit. As 1. The 4th Canon of Cap. 8. For as much as no Reformation in Doctrine, or Discipline, can be made perfect at once in any Church; therefore it shall and may be Lawful for the Church of Scotland at any time to make Remonstrances to His Majesty, or His Successors, &c. Because this Canon holdeth the Door open to more Innovations, he writeth to the Prelate of Rosse, his Privy Agent in all this Work, of his great, that this Canon did stand behind the Curtain; and hi great desire, that this Canon might be printed fully, as one that was to be most useful. Secondly, The Title prefixed to these Canons by our Prelates,Canons to be agreed upon to be proponed to the several Synods of the Kirk of Scotland, is thus changed by Canterbury, Canons and Constitutions Ecclesiastical,&c. Ordained to be observed by the Clergy. He will not have Canons to come from the Authority of Synods, but from the Power of Prelates or from the King's Prerogative. Thirdly, the formidable Canon, cap. 1. 3. threatning no less than Excommunication against such Persons whosoever shall open their Mouths against any of these Books, proceeded not from our Prelates, nor is to be found in the Copy sent from them, but is a Thunderbolt forged in Canterbury 's Own Fire. 4. Our Prelates in divers Places witness their dislike of Papists. A Minister shall be deposed, if he shall be found Negligent to Convert Papists, Chap. 18. 15. The Adoration of the Bread is a Superstition to be Condemned, cap. 6.6. They call the Absolute Necessity of Baptism, An Error of Popery Cap. 6.2. But in Canterbury 's Edition, the Name of Papists and Popery, is not so much as mentioned. 5. Our Prelates have not the Boldness to trouble us in their Canons with Altars, Fonts, Chancels, Reading of a long Liturgy before Sermon, &c. But Canterbury is punctual and peremptory in all these. 6. Although the Words of the Tenth Canon, chap. 3. be fair, yet the wicked Intentions of Canterbury and Rosse, may be seen in the Point of Justification of a Sinner before God, by comparing the Canon as it came from our Prelates, and as it was returned from Canterbury, and Printed: Our Prelates say thus; It is manifest, that the Superstition of former Ages hath turned into a great Profaneness, and that People are grown cold for the most part in doing any good, thinking there is no Place to Good Works, because they are excluded from Justification: Therefore shall all Ministers, as their Text giveth Occasion, urge the Necessity of Good Works, as they would be saved; and remember that they are Via Regni, the Way to the Kingdom of Heaven, tho' not Causa Regnadi, howbeit they be not the Cause of Salvation. Here Ross giveth his Judgement, That be would have this Canon simply commanding Good Works, to be preached, and no mention made what Place they have, or have not, in Justification. Upon this Motion so agreeable to Canterbury 's Mind, the Canon is set down as it standeth, without the Distinction of Via Regni, or Causa Regnandi, or any Word founding that Way, urging only the Necessity of Good Works. 7. By comparing Can. 9. Chap. 18 as it was sent in writing seom our Prelates, and as it is printed at Canterbury 's Command, may bealso manifest, that he went about to establish Auricular Confession, and Popish Absolution. 8. Our Prelates were not acquainted with Canons for inflicting of Arbitrary Penalties: But in Canterbury 's Book, wheresoever there is no Penalty expresly set down, it is provided, That it shall be Arbitrary, as the Ordinary shall think sittest. By these and many other the like, it is apparent, what Tyrannical Power he went about to establish in the hands of our Prelates, over the Worship and the Souls and Goods of Men, overturning from the Foundation the whole Order of our Kirk; what Seeds of Popery he did sow in our Kirk, and how large an Entry he did make for the grossest Novations afterwards, which hath been a main Cause of all their Combustion.

The Third and Great Novation was The Book of Common-Prayer, Administration of the Sacraments, and other Parts of Divine Worship, brought in without Warrant from our Kirk, to be universally Received, as the only Form of Divine Service, under all highest Pains both Civil and Ecclesiastical; which is found by our National Assembly, (besides the Popish Frame and Forms in Divine Worship,) to contain many Popish Errors and Ceremonies, and the Seeds of manifold and gross Superstitions and Idolatries, and to be repugnant to the Doctrine, Discipline, and Order of our Reformation, to the Confession of Faith, Constitutions of General Assemblies, and Acts of Parliament, establishing the true Religion; that this also was Canterbury 's Work, we make manifest,

By the Memoirs and Instructions sent unto him from our Prelates; wherein they gave a special Account of the Diligence they had used, to do all which herein they were enjoined, by the Approbation of the Service-Book sent to them; and of all the Marginal Corrections wherein it varieth from the English Book, shewing their desire to have some few Things changed in it; which notwithstanding, was not granted: This we find written by St. Andrews own Hand, and subscribed by him, and nine other of our Prelates.

By Canterbury 's own Letters, Witnesses of his Joy, when the Book was ready for the Press; of his Prayers that God would speed the Work; of his hope to see that Service set up in Scotland; of his diligence to send for the Printer, and directing him to prepare a Black Letter, and to send it to his Servants at Edinburgh, for Printing this Book; of his Approbation of the proofs send from the prefs; of his fear of Delay in bringing the Work speedily to an End, for the great Good (not of That Church, but) of The Chruch; of his Encourging Rosse, who was intrusted with the Press, to go on in this Piece of Service without fear of Enemies: All which may be seen in the Autographs, and by Letter sent from the Prelate of London to Rosse, wherein as he rejoiceth at the fight of the Scotish Canons, which altho it should make some noise at the beginning, yet they would be more for the Good of the Kirk, than the Canons of Edinburgh for the good of the Kingdom: So concerning the Liturgy he sheweth, That Rosse had sent to him to have an Explanation from Canterbury, of some Passages of the Service Book, and that the Press behoved to stand till the Explanation come to Edinburgh, which therefore he had in haste obtained form his Grace, and send the Dispatch away by Canterbury's own Conveyance.

But the Book it self, as it standeth Inter-lined, Margin'd and Patcht-up, is much more than all that is expressed in his Letters; and the Changes and Supplements themsleves, taken from the Mass Book, and other Romish Rituals, by which he maketh it to vary from the Book of England, are more preganant Testimonies of his popish Spirit and Wicked Intentions, which he would have put in Execution upon us, than can be denied. the Large Declaration professeth, That all the Variation of our Book from the Book of England, that ever the King understood, was in such Things as the Scotish Humours would better comply with, than with that which stood in the English Service These popish Innovations therefore have been surreptitiously inserted by him, without the King's Knowledge, and against his Purpose. Our Scotish Prelated do Petition, That somewhat may be abated of the English Ceremonies, as the Cross in Baptism, the Ring in Marriage, and some other Things. But Canterbury will not Only have these kept, but a great many more, and worse, superadded; which was nothing else but the adding of Fuel to the Fire. To express and discover all, would require a whole Book; we shall only touch some few in the Matter of the Communion.

This Book inverteth the Order of the Communion in the book of england, as may be seen by the Numbers, setting down the Orders of this New Communion, 1.5.2.6.7.3.4.8.9.10.15. Of the divers secret Reasons of this Change, we mention one only, In joining the Spirtitual Praise and Thanksgiving, (which is in the Book of England pertainently after the Communion) with the Prayer of Consecration before the Communion, and that under the Name of Memorial, or oblation, for no other end, but that the Memorial and Sacrifice of Priase, mentioned in it, may be understood according to the Popish Meaning. Bellarmin de Missa. Lib. 2. Cap. 21. Not of the Spiritual Sacrifice, but of the Oblation of the Body of the Lord.

It seemeth to be no great Matter, that without Warrant of the Book of England, the Presbyter going from the North End of the Table, shall stand during the Time of concercration, at such a part of the Table, where he may with the more Ease and Decency use both Hands; yet being tryed, it importeth much, as that he must stand wit his binder parts to the Pcople representing (faith Durand.) that which the Lord said of Moses, Thou shall see my binder Parts; he must have the Use of both his Hands, not for any Thing be hath to do about the Bread and Wine; for that must be done at the North-end of the Table, and be better seen of the People; but (as we are taught by the Rationalist) that he may be streching forth his Arms, to Represent the Extenstion of Chirst on the Crofs; and that he may the more conveniently list up the Fread and the Wine above his Head, to be seen and adored of the People: who in the Rubrick of the General Consession, a little before, are directed to Kned bumbly on their Knees, that the Priests Elevation so magnified in the Mass, and the People Adoration may go together; That in this Posture, speaking with a low Voice and Muttering (for sometimes he is Commanded to speak with a loud Voice and Distinctly;) he be not heard by the People, which is no lefs a mocking of god and his People, than if the Words were spoken in an Unknown Language. As there is no Word of all this in the Englsih Service; so doth the Book in King Edward's time, give to every Presbyter his Liberty of Gesture which yet gave such Offence to Bucer, the Censuter of the Book: And even in Cassandar's own Judgement, a Man of great Moderation in Matter of this King, that he calleth them, Nunquam satis Execrandos Misse gestus, and would have them to be Abhored, because they confirm to the Simple and Superstitious ter Impium & Exitialem Misse fiduciam. The Corporeal Present of Christ's Body in the Sacrament, is also to be found here: For the Words of the Mass-Book serving to this Purpose, which are sharply considered by Bucer in King Edward's Liturgy, and are not to be found in the Book of England, are taken in here: Almighty God is incalled, That of his Almighty Goodness he may vouchsafe so to bless and fanctisie with his Word and Spirit, these Gifts of Bread and Wine, That they may be unto its the Body and Blood of Christ.

The Change here is made a Work of God's Omnipotency: The Words of the Mass ut siant Nobis, are Translated in King Edward's Book, That they may be unto us; which are again turned into Latin by Alesius, ut siant Nobis. On the other Part, the Expressions of the Book of England, at the delivery of the Elements, of seeding on Christ by Faith, and of Eating and Drinking in Remembrance that Christ Died for thee, are utterly deleted. Many Evidences there he in this Part of the Communion of the Bodily Presence of Christ, very agreeable to the Doctrines taught by his Secretaries, which this Paper cannot contain. They teach us that Christ is Received in the Sacrament Corporaliter, both Objective and Subjective. Corpus Christi est objectum quod Recipitur, & Corpus nostrum Subjectum quo Recipitur.

The Book of England Abolisheth all that may import the Oblation of any Unbloody Sacrifice; but here we have besides the Preparatory Oblation of teh Elements, (which is neither to be found in the Book of England, not in King Edward's Book of old) the Oblation of the Body and Blood of Christ, which Ecllarmine calleth, Sacrificium Loudis, quia Deus per Illud magnopere Laudatur. This also agreeth well with their late Doctrine: We are ready when it shall be judged convenient, and we shall be desired, to discover much more Matters of this kind, as Grounds laid for missa sicca, or the half Mass; the private Mass without the People; of Communicating in one kind, of the Consumption by the Priest, and Consummation of the Sacrifice; of Receiving the Sacrament in the Mouth, and not in the Hand, &c.

Our Supplications were many against these Books, but Canterbury procuted them to be answered with terrible Proclamations. We were constrained to use the Remedy of Protestation; but for our Protestations, and other lawful Means which we used for our Deliverance, Canterbury procured us to be declared Rebels and Traitors in all Parish-Kirks of England; when we were seeking to possess our Religion in Peace, against these Devices and Novations, Canterbury kindled War against us. In all these it is known that he was, although not the Sole, yet the Principal Agent, and Adviser.

When by the Pacification at Berwick both Kingdoms looked for Peace and Quietness, he spared not openly in the hearing of many, often before the King, and privately at the Council Table, and the Privy Juncto, to speak of us as Rebels and Traitors, and to speak against the Pacification as dishonourable, and meet to be broken. Neither did his malignancy and bitterness ever suffer him to rest, till a new War was entred upon, and all Things prepared for our Destruction.

By him was it, that our Covenant approved by National Assemblies, subscribed by His Majesties Commissioners, and by the Lords of His Majesties Council, and by them commanded to be subscribed by all the Subjects of the Kingdom, as a Testimony of our Duty to God and the King, by him was it still called Ungodly, Damnable, Treasonable; by him were Oaths invented and pressed upon divers of our poor Country-men, upon the pain of Imprisonment, and many other Miseries, which were unwarrantable by Law, and contrary to their National Oath.

When our Commissioners did appear to render the Reasons of our Demands, he spared not in the, Presence of the King and Committee, to rail against our National Assembly, as not daring to appear before the World and Kirks abroad, where himself and his Actions were able to endure Trial: And against our just and necessary Defence, as the most Malicious and Treasonable Contempt of Monarchical Government, that any by gone Age had heard of: His Hand also was at the Warrant for the Restraint of our Commissioners, sent from the Parliament, Warranted by the King, and seeking the Peace of the Kingdoms.

When we had by our Declarations, Remonstrances, and Representations, manisested the Truth of our Intentions, and Lawsulness of our Actions, to all the good Subjects of the Kingdom of England, when the late Parliament could not be moved to Assist or Enter in War against us, maintaining our Religion and Liberties, Canterbury did not only advise the breaking up of that High and Honourable Court, to the great Grief and Hazard of the Kingdom; but (which is without Example) did fit still in the Convocation, and make Canons and Constitutions against us, and our just and necessary Defence, ordaining under all highest Pains, that hereafter the Clergy shall preach Four Times in the Year, such Doctrine as is contrary, not only to our Proceedings, but to the Doctrine and Proceedings of other Resormed Kirks, to the Judgment of all found Divines and Politicks, and tending to the utter Slavery and ruining of all Estates and Kingdoms, and to the Dishonour of kings and Monarchs. And as if this had not been sufficient, he procured six Subsidies to be lifted off the Clergy, under pain of Deprivation to all that should refuse. And which is yet worse, and above which Malice it self cannot ascend, by his means a Prayer is Framed, Printed, and sent through all the Parishes of England, to be said in all Churches in time of Divine Service, next after the Prayer for the Queen and Royal Progeny, against our Nation, by name of Trayterous Subjects, having cast off all obedience to our anointed Sovereign, and coming in a Rebellious manner to invade England, That shame may cover our Faces as Enemies to God and the King.

Whosoever shall impartially examine what hath proceeded from himself, in these two Books of Canons and Common-Prayer, what Doctrine hath been Printed and Published these Years by-past in England by his Disciples and Emissaries; what gross Popery in the most material Points we have found, and are ready to shew in the Posthume Writings of the Prelates of Edinburgh and Dunblane, his own Creatures, his nearest Familiars, and most willing Instruments to advance his Councels and Projects; shall perceive that his Intentions were deep and large against all the Reformed Kirks and Reformation of Religion, which in his Majesties Dominions was panting, and by this Time had rendred up the Ghost, if God had not in a wonderful Way of Mercy prevented it. And that if the Pope himself had been in his Place, he could not have been more Popish; nor could he more zealously have negotiated for Rome against the Reformed Kirks, to reduce them to the Heresics in Doctrine, the Superstitions and Idolatry in Worship, and the Tyranny in Government, which are in that See, and for which the reformed Kirks did Separate from it, and came forth of Babel. From him certainly hath issued all this Deluge, which almost hath over-turned all.

We are therefore confident that your Lordships will by your means deal effectually, that this great Fire-brand be presently removed from His Majesties Presence, and that he may be put to Tryal, and put to his deserved Censure according to the Laws of the Kingdom; which shall be good Service to God, Honour to the King and Parliament, Terror to the Wicked, and comfort to all good Men, and to us in special; who by his means principally have been put to so many and grievous Afflictions, wherein we had perished, if God had not been with us.

We do indeed confess that the Prelates of England have been of very different Humours, some of them of a more hot, and others of them of a more moderate Temper; some of them more, and some of them less inclinable to Popery; yet what known Truth and constant Experience hath made undeniable, we must at this Opportunity profess, That from the first Time of Reformation of the Kirk of Scotland, not only after the coming of King James of happy Memory into England, but before, the Prelates of England have been by all Means uncessantly working the Overthrow of our Discipline and Government. And it hath come to pass of late, that the Prelates of England having prevailed and brought us to Subjection in the point of Government, and finding their long-waited-for Opportunity, and a rare congruity of many Spirits and Powers, ready to operate for their Ends, have made a strong Assault upon the whole external Worship and Doctrine of our Kirk. By which their doing, they did not aim to make us to reform to England, but to make Scotland first, (whose weakness in Resisting they had before experienced, in the Novations of Government, and of some Points of Worship) and thereafter England, conform to Rome, even in these Matters, wherein England had separated from Rome, ever since the Time of Reformation. An Evil therefore which hath issued, not so much from the personal Disposition of the Prelates themselves, as from the innate Quality and Nature of their Office, and Prelatical Hierarchy, which did bring forth the Pope in ancient Times, and never ceased till it brought forth Popish Doctrine and Worship, where it is once rooted, and the Principles thereof somented and constantly followed. And from that Antipathy and Inconsistency of the two Forms of Ecclesiastical Government, which they conceived, and not without Cause, that one Island united also under one Head and Monarch, was not able to bear; the one being the same in all the Parts and Powers, which it was in the Times of Popery, and now is in the Roman Church. The other being the Form of Government received, maintained, and practised by all the Reformed Kirks, wherein by their own Testimonies and Confessions, the Kirk of Scotland had amongst them no small Eminency. This also we represent to your Lordships most serious Consideration; that not only the Firebrands may be removed, but that the Fire may be provided against, that there be no more Recombustion after this.

A committee to dispose of Petitions.

Ordered, That the Committee formerly appointed to peruse the Petitions that came in, shall have Power to dispose of them, after they have perused them, to such Committees as they shall think sit, and are to meet at Two of the Clock in the Committee-Chamber, and to Report their Opinions to the House.

• Sir Henry Mildmay,
• Sir Peter Hayman,
• Sir Edw. Hungerford,
• Sir Tho. Fanshaw,
• Sir Tho. Barrington,
• Mr. Evelyn,
• Sir William Strickland,
• Mr. Oldfield,
• Sir Anthony Irby,
• Mr. Rigby,
• Mr. Ralpb Godwin,
• Mr. Potts,
• Mr. Rowse,
• Mr. Verney,
• Sir Francis Seymor,
• Mr. Hatcher,
• Mr. Upton,
• Mr. Corbett,
• Sir. Richard Luson,
• Mr. Pym
• Mr. Whistler
• Sir William Litton,
• Mr. Perryn
• Sir. Walter Earle,
• Mr. Perd
• Mr. Noell
• Mr. Weslon
• Mr. Duns
• Lord Fairfax,
• Mr. Cage
• SirSimon D'Ewes,
• Mr. Puresoy
• Sir. Gilbert Gerrard
• Mr. Morley

Emanuel college.

This Committee to consider of the Petition exhibited here concerning Emanuel College in Cambridge, and they are to examine what either the Visitor or any other has done to the Violation of the Laws and Statutes of that College; and a Warrant is no issue forth under Mr.Speaker 's Hand, to require the Master, Fellows, and Officers of the said College forth with to bring hither the Letters-Patents, Leiger-Book, and Statutes of the said College, and all Things concerning the same. And this Committee has Power to send for parties, Witnesses, Papers and Records, and are to meet To-morrow at Two of the Clock in the Court of Wards.

Dr. Bastwick his furcher Order.

Upon the reading of the Petition of Doctor John Bastwick, it was Ordered, That a Committee be named to take into consideration the Petition exhibited here; and has Power to hear Councel, and to assign him such Councel as is desired in his Petition, and to grant him a Warrant to take out gratis, such Copies of the Censures, Warrants, Orders, and other the Proceedings in the several Courts, as shall or may any Way concern this Business; and has Power to send for Parties, Witnesses, Papers, Records; and are to meet To-morrow in the Afternoon at Two of the Clock in the Star-Chamber.

King gives leave to in inspect his Revenue.

Mr.Treasurer Reports, That His Majesty being acquainted with the great Care and Affection of the House of Commons to advance and settle his Majesty's Revenue, doth very graciously interpret the same, and bath Commanded me to give the House free leave to enter into the Debate of his Majesty's Revenues and Expences, as is desired; And bath given Order, That all his Officers and Ministers from time to time shall assist the House therein, as there shall be occasion.

King's Revenue.

Tomorrow morning Nine of the Clock is appointed to enter into the Debate of his Majesty's Revenue and Expences: And Mr. Speaker is then to put the House in mind of this Order. and humble Thanks are to be returned from this House to His Majesty by Mr. Treasurer, for His Majesty's gracious Message.

Committee to examine the Witnesses from Lynn, about the Patient for starch.

The Knights and Burgesses of the County of Norfolk, and the Burgesses of Lynn, are appointed to examine the Witnesses that are brought hither by John Taverner, and Gilbert of Lynn, in the Business concerning Starch; and they are to meet this Afternoon at Two of the clock in the Court of Wards, and Sir Henry Mildmay is added to this Committee.

Dean and Chapter of Durbam, their deneants Petition against them and windebank.

The Petition of George Gray, and Anthony Allen, on the behalf of themselves and the Tenants to the Dean and Chapter of Durham, was read, Complaining of Dr. Belkanquall Dean of Durham, for exacting of Fines upon their Leases contrary to Custom, and bringing the Tenants before the Lords of the council, and there by Order of the Council they were required, and did pay about 80 l. into the Hands of one of the Clerks of the Council, towards the Charge they put the Dean and Chapter unto: And also that the Council committed George Grey and Anthony Smith Prisoners to the Gate-House, where they remained till the 13th of April, 1640. when a Parliament met; whereupon they were released, and the 80l. repaid by Sir William Beecher; which Petition was referred to the Committee, that is appointed to prepare the Charge against Mr. Secretary Windebank.

corff. Castle Election.

Ordered, A Warrant to issue forth under Mr. Speaker's Hand, directed to the Clerk of the Crown, for a new Writ for the Electing of another Burgess to serve for the Town of Corff-castle in the Country of Dorset in the room and stead of Mr. Secretary Windebank.

A Conference being appointed with the Lords,

• Mr. Treasurer,
• Mr. St. Johns,
• Mr. Hollys,
• Mr. Pym,
• Sir Thomas Roe,
• Mr. White,

are appointed Reporters of the Conference with the Lords.

Ordered, A Warrant to issue forth under Mr.Speaker 's Hand, directed to the Clerk of the Crown in Chancery, for a new Writ for Electing of a Burgess to serve in this Parliament for the Town of Warwick, in the room and stead of Sir Thomas Lucy formerly returned, and since dead.

New-Castle Election.

It was likewise moved for New-Castle, to have a Warrant for a new Writ for Electing of a Burgess for the Town in the room and stead of Sir john Melton formerly returned a Burgess for that Town, and since dead; but there being a Petition depending before the Committee for Privileges questioning the Election of Sir John Melton, no Warrant is to issue forth Until the Committee has delivered their Opinions touching the Election.

Rigorous levying of Ship-money.

The committee concerning the rigorous levying of Ship-money being now fine die, is appointed to meet this Afternoon at Two of the Clock in the Exchequer-Chamber.

Wadham College referred to the Committee for Emanuel College.

Ordered, That the Grievances of Wadham College in the University of Oxon, be referred to the consideration of the Committee for Emanuel College. Sir Gilbert Pickering, Sir John Strangeways, and sir Henry Herbert are added to that Committee.

The Petition of the Inhabitants of Wittingham in the County of Cambridge, and the Petition of the Inhabitants of the Hundred of Marsland in the Country of Norfolk, and the Petition of the Inhabitants of the Towns of Sutton, Mepall, &c. in the Isle of Ely, concerning Fenn Lands, &c. be referred to the Consideration of the Committee appointed for Doctor Thompson 's Petition.

commissioners in the Body of the Bill Subsidies.

Resolved upon the Question, That this House shall nominate Commissioners in the Body of the Bill for the Taxing of the Two Subsidies.

Ordered, That the Knights and Burgesses of all the Counties, do consider of the Names of all the Commissioners to be put in the Body of the Bill, and that they present the same to the House on Saturday Morning.

Friday, Decemb.18. 1640.

Decemb. 18.

Naturalization.

An Act for the Naturalization of David Gonbard, Merchant, read the first time.

Needle-Makers.

A Bill concerning Needle-makers, read the first time.

Peter Fountain.

A Bill for the Naturalization of Peter Fountain, read the first time.

Doctor Eden leave.

There being a Bill in the House of Lords, that does reflect upon Doctor Eden, he moved that he might have leave to appear unto it, which was granted him.

Ordered, That the Letters of Administration granted Yesterday against Mr.Cambell, a Member of this House, at the Suit of Sir Edward Savage, and Register of the Prerogative-Court, be sent for, to give an Account of the Breach of the Privilege of this House in this Point.

Order to say a Decree in Ireland.

Ordered, That by Order of this House, a Warrant issue forth under Mr.Speaker 's Hand, to stay and surcease all Proceedings upon any extra-judicial Decree made by the Lord Deputy, and Council of Ireland, in a Suit depending there before them, between Sir Frederick Hamilton,Knight, and Evelyn Luisb,Window, during the Agitation of this Cause, and Complaint there; and that the Monies, by vertue of that Decree, upon the Lands of the said SirFrederick Hamilton, shall be staved and detained in the Sheriff's Hands, till this House shall give further Order in it. And that SirFrederick Hamilton shall have the Privilege of this House to go and come freely between the two Kingdoms of England and Ireland, while his Causes and Complaints depend here. And that the Warrants under Mr.Speaker 's Hand, shall be directed to such Officers as may make them most effectual.

Breach of Privilege of Parliaments, 3, & 4 Car.

That a Committee do take into Consideration the Breach of the Privileges of Parliament, 3 Car. especially the Proceedings against Mr.Hollis, Sir Peter Hayman, Mr. Strode, Mr. Valentine, Mr. Selden, Mr. Walter Long, Sir John Elliot, Sir Miles Hobart, Mr. Crew, Mr. Bellasis, Sir John Hotbam, Mr. Hampden, Mr. Pym, Sir Walter Earl, Members of either the last Parliament or the Parliament of 3 Car. And to take into Consideration the two Declarations made upon the Dissolution of the last Parliament, and the Parliament 3 Car. And they are likewise to consider of what Reparations are fit to be granted to the Parties grieved, and to think of some course to prevent the like hereafter. But the Committee is first to enquire after, and consider of the Breaches of the Privilege of Parliament of 3 Car. and to report them to the House, and they have Power to send for Parties, Witnesses, Papers, Records, and to do any other Act, as they in their Judgments shall think may best conduce to the Business; and are to meet on Monday in the Afternoon, at Two of the Clock, in the Exchequer-Court.

Ordered, That Mr. Harrison shall pay unto Sir William Uvedall, Knt. 25000 l. the residue of 50000 l. which he by way of Loan, voluntarily furnished towards the Payment of the King's Army, and the Relief of the Northern Counties, to be repaid unto him, as by the Act of Subsidies shall be expressed; and that Sir William Uvedall 's Acquittance for the Receipt thereof, shall be his Discharge for the Payment of the 25000 l. And the said Sir William Uvedall is hereby ordered to receive the same, and to dispose thereof according to the Order of this House, to the Use aforesaid.

Mr. Harbottle Grimston's SPEECH, on a further Debate, touching the Archbishop of Canterbury.

Mr. Harbottle Grinst n's Speech on a further Debate, touching the Archbishop of Canterbury.

Mr. Speaker,
There hath been presented to the House a most faithful and exact Report of the Conference we had with the Lords Yesterday, together with the Opinion of the Committees that we employed in the Service; That they conceived it fit, that the Archbishop of Canterbury should be sequestred, and I must second the Motion; and with the favour of this House I shall be bold to offer my Reasons, why I conceive it more necessary we should proceed a little further than the desire of a bare Sequestration only.

Mr. Speaker, Long Introductions are not suitable to weighty Businesses; we are now fallen upon the great Man the Archbishop of Canterbury; look upon him as he is in Highness, and he is the Sty of all Pestilential Filth, that hath infested the State and Government of this Commonwealth: Look upon him in his Dependencies, and he is the only Man, the only Man that hath raised and advanced all those, that together with himself, have been the Authors and Causers of all our Ruins, Miseries, and Calamities we now groan under. Who is it but he only that hath brought the Earl of Strafford to all his great Places and Employments? A fit Spirit and Instrument to act and execute all his wicked and bloody Designs in these King. doms. Who is it but he only that brought in Secretary Windebank into this Place of Service of Trust, the very Broker and Pander to the Whore of Babylon?

Who is it, Mr. Speaker, but he only, that hath advanced all our Popish Bishops? I shall name but some of them, Bishop Manwaring, the Bishop of Bath and Wells, the Bishop of Oxford, and Bishop Wren, the least of all these Birds, but one of the most unclean ones; these are the men that should have fed Christ's Flock, but they are the Wolves that have devoured them; the Sheep should have sed upon the Mountains, but the Mountains have eaten up the Sheep. It was the Happiness of our Church, when the Zeal of God's House eat up the Bishops, glorious and brave Martyrs, that went to the Stake in Defence of the Protestant Religion; but the Zeal of the Bishops hath been only to persecure and eat up the Church.

Who is it, Mr. Speaker, but this great Archbishop of Canterbury, that hath fate at the Helm, to steer and manage all the Projects that have been set on foot in this Kingdom this Ten Years last past? And rather than he would stand out, he hath most unworthily trucked and chaffered in the meanest of them? As for Instance, that of Tobacco, whereby Thousands of poor People have been stript, and turned out of their Trades for which they have served as Apprentices: We all know he was the Compounder and Contractor with them for the Licenses, putting them to pay Fines, and a Fee farm Rent to use their Trade: Certainly, Mr. Speaker, he might have spent his Time much better, and more for his Grace in the Pulpit, than thus sherking and raking in the Tobacco Shops. Mr. Speaker, we know what he hath been charged withal in this House, Crimes of a dangerous Consequence, and of a transcendent Nature, no less than the Subversion of the Government of this Kingdom, and the Alteration of the Protestant Religion; and this is not upon a bare Information only, but much of it is come before us already, upon clear and manifest Proofs; and there is scarce any Grievance, or Complaint, come before us in this Place, wherein we do not find him intermentioned, and as it were twisted into it: like a busy, angry Wasp, his Sting is in the Tayl of every Thing: We have this Day likewise heard the Report of the Conference Yesterday, and it is the Accusation which the Scots Commissioners have charged him withal; and we do all know he is guilty of the same, if not more, here in this Kingdom.

Mr. Speaker, He hath been the great and common Enemy of all Goodness, and Good Men; and it is not safe that such a Viper should be near His Majesty's Person, to distill his Poyson into his Sacred Ears; nor is it safe for the Commonwealth that he fit in so eminent a Place of Government, being thus Accused. We know what he did in the Earl of Strafford 's Case: This Man is the corrupt Fountain, that hath corrupted all the Streams; and till the Fountain be purged, we can never expect, nor hope to have clear Channels. I shall be therefore bold to offer my Opinion, and if I err, it is the Error, it is the Error of my Judgment, and not my want of Zeal and Affection to the Publick Good. I conceive it is most necessary and fit that we should now take up a Resolution to do somewhat, to strike while the Iron is hot, and to go up to the Lords in the Names of the Commons of this House, and in the Names of the Commons of England, and to accuse him of High-Treason; and to desire their Lordships, his Person may be sequestred, and that in convenient time we may bring up his Charge.

The Archbishop of Cant. accused of High Treason.

This Day the Archbishop of Canterbury was voted by the House of Commons to be a Traitor; and Mr. Hollis was sent to the Lords to accuse him of High Treason; which he did immediately; assuring the Lords, That in convenient time there should be a charge put in against him, to make good the Accusation; desiring that he might be sequestred from; he House, and committed to safe Custody: Upon which he was committed to the Custody of the Gentleman Usher, and sequestred from Sitting in Parliament, till he cleared himself of this Accusation.

The Archbishop being called to the Bar as a Delinquent, desired their Lordships to give him leave to go home and fetch Papers, whereby to enable him to make his Defence to his Charge; which the House granted; and that he should take his own time this Afternoon to sort his Papers; but directed it should be done in the presence of the Gentleman Usher, and afterwards to return to the House of the Gentleman Usher this Night, and to be in safe Custody.

None to Visit him without eave.

The Lords farther Ordered, That no Member of their House shall visit the Lord Archbishop of Canterbury, without leave of the House.

Decemb. 19.

A Message was sent to the House of Lords by Mr. Hampden, to let their Lordships know, That they had received informations of a very high Nature against Matthew Wren, Lord Bishop of Ely, for setting up idolatry and Superstition in divers Places, and exercising and acting some things of that Nature in his own Person: And because they hear the said Bishop of Ely endeavours to make an Escape out of the Kingdom, he was commanded to desire their Lordships to think of some such Course, that he may put in Security for his forth-coming, and to abide the Judgment of Parliament.

Then the Bishop of Ely was commanded to withdraw; And the Lords ordered him to give 10000 l. Bail for his forth-coming.

Hereupon the Bishop was called again, and the Lord Keeper acquainted him with the Order, which he consented to, hoping to get Friends to be bound with him.

Then it was moved, That the Bishop of Ely might be bound by Recognizance of 10000 l. for his Appearance, until he put in such Security as the House should approve of; which he consenting to, did immediately before the Lord Keeper in the House acknowledge as followeth, viz.

Matthew Wren, Episcopus Eliensis, recongnovit se debere Domino Regi Decem mille libras, levari de terris & tenementis bonis & catallis suis, &c. ad usum Domini Regis.

The Condition was, That he should appear from Day to Day, until Wednesday next; against which Day he is to provide sufficient Bail for 10000l. such as this House shall approve of, to be Bound for his forth coming, and abiding the Judgment of Parliament, &c.

Lord keeper Finch.

The Commons having secured the Great Statesman the Earl of Strafford, and the Great Church-man Archbishop Laud, began to prepare an Impeachment against the Great Officer of Law, the Lord Keeper Finch, of High-Treason.

He craves leave to be heard.

Of which he having notice, desired by a Letter to be admitted to speak for himself before them: Upon this Letter there arose this Day a great Controversie in the House; and after some time spent about it, it was granted him, and Monday next appointed for that Purpose.

Decemb. 12. The Lord keeper comes into the House of Commons.

This Day the Lord Keeper Finch came into the House, a Chair being set for him near to the Bar, and he carrying that Purse himself: And when the Speaker told him, that his Lordship might sit, he made a low Obeysance, and laying down the Seal and his Hat in the Chair, himself leaning on the backside of it, made this following Speech in his own Vindication, which he delivered with an excellent Grace and Gesture.

The Lord Keeper's SPEECH.

The Lord Keeper's Speech.

Mr. Speaker,
I Do first present my most humble Thanks to this Honourable Assembly, for this Favour vouchsafed me, in granting me admittance to their present; and do humbly beseech them to believe it is no desire to preserve my self, or my Fortune, but to deserve the good Opinions of those that have drawn me hither.

I do profess in the Present of him that knoweth all hearts, that I had rather go from Door to Door, and crave Da obolum Belizario, &c. with the good Opinion of this Assembly, than live and enjoy all the Honours and Fortunes I am capable of.

I do not come hither with an Intention to justify my Words, my Actions, or my Opinion; but to make a plain and clear Narration for my self, and then humbly to submit to the Wisdom and Justice of this House, my self, and all that concerns me.

I do well understand, Mr. Speaker, with what Disadvantage any Man can speak in his own Cause; and if I could have told how to have transmitted my Thoughts and Action by a clearer Representation of another (I do so much defy my own Judgment in working, and my Ways in expressing) that I should have been a most humble Suitor, another might have done it. But this House will not take Words, but with clear and ingenuous dealing, and therefore I shall beseech them to think I come not hither with a set or studied Speech; I come to speak my Heart, and to speak it clearly and plainly, and then leave it to your Clemency and Justice; and I hope it any thing shall slip from me, to work contrary to my Meaning, or Intention, disorderly or Ill placed, you will be pleases to make a favourable Construction, and leave me the liberty of Explanation, if there shall be any; But I hope there shall be no Cause for it.

I hope, for my Affection in religion, no Man doubteth me. What my Education, what and under whom for many Years, is well known; I lived near 30 years in the Society of Grays Inn. and if one that was a Reverend Preacher in my time (Dr.Sibbs) were now alive, he were able to give Testimony to this House, that when a Party ill affected in religion sought to weary him, and tire him out, he had his chiefest Encouragement form me.

I have now, Mr. Speaker, been 15 Years of the King's Council; form the first hour to this minute, no Man is able to say that ever I was Author, Adviser, or consenter to any Project.

It pleased the King (my gracious Master, after I had served him divers Years) to preset me to tow Places; to be chief Justice of the common Pleas, and then Keeper of his Great Seal. I say it in the Present of God, I was so far form the Thought of the one, and from the Ambition of the other, that if my Master's Grace and Goodness had not been, I had never enjoyed those Honours.

I cannot tell, Mr. Speaker, nor I do not know what Particulars there are that may draw me into your Disfavour, or ill Opinion, and therefore I shall come very weakly armed; yet to those that either in my own Knowledge, or by such Knowledge as is given me, and not form any in this House, I shall speak somewhat, that I hope being Truth, and accompanied with clearness and Ingenuity, will at least procure some Allay of that ill Opinion which may perhaps be conceived of me.

Mr. Speaker, I had once the Honour to fit in the Place that you do: from the first time I came thither, do this unfortunate Time, I do appeal to all that were here then, if I served you not with candor. Ill Office I never did to any of the House, good Offices I have Witnesses enough I did many; I was so happy, that upon an Occasion which once happened, I received an Expression and Testimony of the good Affection of this House towards me.

For the last unhappy Day, I had a great share in the unhappiness and sorrow of it. I hope there are enough do remember, no Man within the Walls of this House did express more Symptoms of Sorrow, Grief, and Distraction than I did.

After an Adjournment for two or three Days, it pleased his Majesty to send for me, to let me know that he could not so resolve of things as he desired, and therefore was desitous that there might be an Adjournment for some few Days more. I protest I did not then discern in his Majesty, and I believe it was not in his Thoughts to think of the dissolving of this Assembly; but was pleased in the first Place to give me a Command to deliver his Pleasure to the House for an Adjournment for some few Days, till the Monday following, as I remember; and commanded me withal to deliver his Pleasure, that there should be no further Speeches, but forthwith upon the delivery of the Message, come and wait upon him: He likewise commanded me, if Questions were offered to be put, upon my Allegiance I should not date to do it; how much I did then in all humbleness reason with his Majesty, is not for me here to speak; only thus much let me say, I was no Author of any Counsel in it, I was only a Person in receiving Commission. I speak not this as any thing I now produce or do invent, or take up for my own Excuse, but that which is known to divers, and some Honourable Persons in this House, to be most true. All that I will say for that, is humbly to beseech you all to consider, That if is had been any Man's Case, as it was mine, between the displeasure of a gracious King, and the ill opinion of an Honourable Assembly, I beseech you lay all together, lay my first Actions and Behaviour with the last, I shall submit to your Honourable and Favourable Constructions.

For the Shipping Business, My Opinion of that Cause hath lain heavy upon me; I shall clearly and truly present unto you what every thing is, with this Prorestation, That if in reckoning up my own Opinion what I was of, or what I delivered, any thing of it be displeasing, or contrary to the Opinion of this House, that I am fat from justifying of it, but submit that and all other my Actions to your Wisdoms and Goodness.

Master Speaker, the first Writs that were sent out about Shipping Business, I had no more knowledge, and was as ignorant of, as any one Member of this House, or any Man in this Kingdom. I was never the Author not Adviser of it, and will boldly say from the first to this Hour, I did never advise not counsel the setting forth of any Ship-Writs in my Life.

Master Speaker, It is true that I was made Chief Justice of the Common Pleas some four Days before the Ship-Writs went out to the Ports and Maritime Places. as I do remember, the 28 of October 1634. they do bear Test, and I was sworn Justice the 16 of October; so as they went out in that time, but without my knowledge or privity; the God of Heaven knows this to be true.

Master Speaker, Afterwards his Majesty was pleased to command my Lord Chief Justice of the Kings Bench, that then was, Sir Thomas Richardson, and Chief Baron of the Exchequer that now is, and my self, then Chief Justice of the Common Pleas, to take into Consideration the Presidents then brought unto us; which we did, and after returned to his Majesty, what we had found out of those Presidents.

It is true, that afterwards his Majesty did take into Consideration, that if the whole Kingdom were concerned, that it was not Reason to lay the whole Burthen upon the Cinque Ports and Maritime Towns.

Thereupon, upon what ground his Majesty took that into his Consideration, I do confess I do know nothing of it,

His Majesty did command my Lord Chief Justice that now is, my Lord Chief Baron, and my self, to return our Opinions, Whether, when the whole Kingdom is in danger, and the Kingdom in general is concerned, it be not according to Law and Reason, that the whole Kingdom, and His Majesty, and all interested therein, should joyn in defending and preserving thereof?

This was in Time, about 1634.

In Michaelmas Term following, His Majesty commanded me to go to all Judges, and require their Opinions in Particular.

He commanded me to do it to every one, and to charge them upon their Duty and Allegiance to keep it secret.

Mr. Speaker, It was never intended by His Majesty (so professed by him at that time, and so declared to all the Judges, that it was not required by him) to be such a binding Opinion to the Subject, as to hinder him from calling it in Question, not to be binding to themselves, but that upon better Reason and Advice they may alter it; but desired their Opinions, for his own private Reason.

I know very well, that extrajudicial Opinions of Judges ought not to be binding.

But I did think and speak my Heart and Conscience freely; my self, and the rest of the Judges being sworn, and by our Oaths tyed to Counsel the King when be should require Advice of us, that we were bound by our Oaths and Duties to return our Opinions.

I did obey His Majesty Command, and do here before the God of Heaven avow it.

I did never use the least Promise of Preserment or Reward to any, nor did use the least Menace; I did leave it freely to their own Consciences and Liberty; for I was lest the Liberty of my own by His Majesty, and had Reason to leave them the Liberty of their own Consciences.

And I beseech you be pleased to have some belief, that I would not say this, but that I know the God of Heaven will make it appear; and I beseech you, that extravagant Speeches may not move against that which is a Positive and clear Truth.

Mr. Speaker, In the Discourse of this (as is between Judges) some small Discourse sometimes arose, yet never was any Cause wherein any Judges conferred, that were to little Conference, as between me and them.

Mr. Speaker, Against a Negative I can say nothing; but I shall affirm nothing un to you, but by the Grace of God, as I affirm it to be true, so I make no doubt of making it appear to be so.

This Opinion was subscribed without Sollicitation, there was not any Man of us did make any doubt of subscribing our Opinion, but two, Master Justice Hutton, and Master Justice Crooke.

Master Justice Crooke made not a scruple of the Thing, but of the Introduction, for it was thus:

That whereas the Ports and the Maritime Towns were concerned; there according to the Presidents in former Times, the Charge lay on them.

So when the Kingdom was in danger, of which his Majesty was the sole Judge; whether it was not agreeable to Law and Reason, the whole Kingdom to bear the Charge?

I left this Case with Judges Crook.

The next Term I spoke with him, he could give me no Resolution, because he had not seen the Writs in former Times; but did give his Opinion, That when the whole Kingdom was in danger, the Defence thereof ought to be born by all.

So of that Opinion of his, there was no need of a Sollicitation.

I speak no more here, than I did openly in my Argument in the Chequer Chamber.

This is the naked Truth: For Master Justice Hutton, he did never subscribe at all.

I will only say this, That I was so far from pressing him to give his Opinion, be cause he did ask time to consider of it, that I will boldly say, and make it good, that when His Majesty would have had him sometimes sent for, to give his Opinion, I beseeched his Majesty to leave him to himself and his Conscience; and that was the ill Office I did.

The Judges did subscribe in November or December 16:5.

I had no Conference, (nor truly I think) by accident any Discourse with any of the Judges touching their Opinions: for till February 1636. there was no speech of it; for when they had delivered their Opinions, I did return according to my Duty to my Master the King, and delivered them to him: in whole Custody they be.

In February 1636. upon a Command that came from his Majesty, by one of the then Secretaries of State, the Judges all assembled in Grays-Inn we did then fall into a Debate of the Case then sent unto us, and we did then return our Opinion unto His Majesty; there was then much Discourse and great Debate about it.

Mine Opinion and Conscience at that Time was agreeable to that Opinion I then delivered.

I did use the best Arguments I could, for the maintenance of my Opinion; and that was all I did.

It is true, that then at that time, Mr. Justice Hutton, and Mr. Justice Crooke, did not differ in the main Point, which was this;

When the Kingdom was in Danger, the Charge ought to be born by the whole Kingdom.

But in this Point, Whether the King was the sole Judge of the Danger? they differed.

So as there was between the first Subscription, and this Debate and Consultation, some 15 Months difference.

It is true that all of them did then subscribe, both Justice Hutton, and Justice Crooke, which was returned to His Majesty, and after published by my Lord-Keeper (my Predecessor) in the Star-Chamber.

For the manner of publishing it I will say nothing, but leave it to those whose Memories will call to mind what was then done.

The Reason of the Subscription of Justice Hutton, and Justice Crooke (though they differed in Opinion) grew from this that was told them from the rest of the Judges:

That where the greater Number did agree in their Vote, the rest were involved and included.

And now I have faithfully delivered what I did in that Business, till I came (which was afterwards) to my Arguments in the Exchequer-Chamber, for the Question was, A Scire Facias issued out of the Exchequer, in that Case of Mr. Hampden's, of which I can say nothing, for it was there begun, and afterwards rejoutned, to have Advice of all the Judges.

Mr. Speaker, among the rest (according to my Duty) I argued the Case.

I shall not trouble you to tell you what my Arguments was, I presume there are Copies enough of it; only I will tell you there are four Things very briefly that I then declared.

First, Concerning the Master of Danger, and Necessity of the whole Kingdom.

I profess that there was never a Judge in the Kingdom did deliver an Opinion, but that it must be in a case of apparent Danger.

When we came to an Argument of the Case, it was not upon a Matter of Issue but it was upon a Demurrer;

Whether the Danger was sufficiently admitted in pleading, and therefore was not the Thing that was in dispute; that was the first Degree and Step that led unto it.

I did deliver my self as free and as clear as any Man did, That the King ought to govern by the positive Laws of the Kingdom; That he could not alter nor change nor innovate in Matters of Law, but by common Consent in Parliament.

I did further deliver, that if this were used to make a further Revenue or Benefit to the King, or in any other Way but in Case of Necessity, and for the preservation of the Kingdom, the Judgment did warrant no such Thing.

My Opinion in this Business, I did in my conclusion of my Arguments submit to the Judgment of this House.

I never delivered my Opinion, That Money ought to be raised, but Ship; provided for the defence of this Kingdom, and in that the Writ was performed.

And that the Charge ought not to be in any Case but where the whole Kingdom was in Danger.

And Master Justice Hutton, and Master Justice Crooke, were of the same Opinion with me.

I do humbly submit, having related unto you my whole Carriage in this Business, humbly submitting my self to your grave and favourable Censures, beseeching you not to think that I delivered these Things with the least Intention to subvert or subject the common Law of the Kingdom, or to bring in, or to introduce any new Way of Government; it hath been far from my Thoughts, as any Thing under the Heavens.

Mr. Speaker, I have heard too, that there have been some ill Opinion conceived of me about Forest Business, which was a Thing as far out of the way of my Study, as any Thing I know towards the Law.

But it pleased his Majesty, in the Sickness of Master Noy, to give some short warning to prepare my self for that Employment.

When I came there, I did both the King and Commonwealth acceptable Service; for I did, and dare be bold to say, with extream Danger to my Self and Fortune (some do understand my Meaning herein) run through that Business, and left the Forest as much as was there.

A Thing in my Judgment considerable for the Advantage of the Commonwealth, as could be undertaken.

When I went down about that Employment, I satisfied my self about the Matter of Perambulation.

There were great Difficulties of Opinions what Perambulation was.

I did arm my self as well as I could, before I did any Thing in it.

I did acquaint those that were then Judges, in the presence of the Noble Lords, with such Objections as I thought it my Duty to offer unto them.

If they thought they were not Objections of such Weight, as were fit to stir them, I would not do the King that disservice.

They thought the Objections had such Answers as might well induce the like upon a Conference with the whole Country, admitting me to come and confer with them, the Country did unanimously subscribe.

It fell out afterwards, that the King commanded me, and all this before I was Chief. Justice, to go into Essex; and did than tell me he had been informed, that the Bounds of the Forest were narrower, than in truth they ought to be; and I did according to his Command.

I will here profess that which is known to many; I had no Thought or Intention of enlarging the Bounds of the Forest further than H. and that part about it, for which there was a Perambulation about 26Ed. 4.

I desired the Country to confer with me about it, if they were pleased to do it and then according to my Duty I did produce those Records which I thought fit for his Majesty's Service, leaving them to discharge themselves as by Law and Justice they might do.

I did never in the least Kind go about to overthrow the Charter of the Forest.

And did publish and maintain Charta de Foresta as a Sacred Thing, and no Man to violate it, and ought to be preserved for the King and Commonwealth.

I do in this humbly submit, and what I have done to the Goodness and Justice of this House.

Many were exceedingly taken with his Eloquence and Carriage; and it was a sad sight to see a Person of his Greatness, Parts and Favour, to appear in such a Posture, befor such an Assembly, to plead for his Life and Fortunes.

Shortly after the Lord-Keeper had finished his Speech, Mr.Rigby de livered himself as followeth.

Mr. Rigby 's SPEECH.

Mr. Righy's Speech in Answer to the Lord Keeper's.

Mr. Speaker,
Though my Judgment prompts me to sit still, and be silent, yet the Duty I owe to my King, my Country, and my Conscience, moves me to stand up and speak.

Mr. Speaker, Had not this Syren. So Sweet a Tongue, Surely be could never have effected so much mischief to this Kingdom: You know, Sir, optimorum putrefaction peffima, the best Things putrified become the worst: And as it is in the Natural, so in the Body Politick; and what's to be done then, Mr. Speaker, we all Know, ense recidendum est, the Sword, justice must strike, ne pars sincera trahatur.

Mr. Speaker, It is not the Voice, non vox sed votum, not the Tongue, but the Heart and Actions that are to be suspected: For doth not our Saviour say it, Shew me thy Faith by thy Works, O Man! Now, Mr.Speaker, hath not this Kingdom seen, (seen, say I?) nay, felt and smarted under the Cruelty of this Man's Justice? so malicious as to record it in every Court of Westminster; as if he had not been contented with the enslaving of us all, unless he entailed it to all Posterity. Why shall I believe Words now, cum Factum videam? Shall we be so weak Men as when we have been injured and abused, to be gained again with fair Words and Compliments? Or, like little Children, when we have been whipt and beaten, be pleased again with Sweetmeats? Ob no: There be some Birds in the Summer of Parliament will sing sweetly, who in the Winter of Persecution will for their Prey ravenously fly at all, upon our Goods, nay seize upon our Persons; and hath it not been with this Man so, with some in this Assembly ?

Mr. Speaker, It hath been objected unto us, That in Judgment we should think of Mercy; and Be ye merciful as your Heavenly Father is merciful; now God Almighty grant that we may be so, and that our Hearts and Judgments may be truly rectified to know truly what is Mercy, I say, to know what is Mercy; for there is the Point, Mr. Speaker: I have heard of foolish Pity; foolish Pity! Do we not all know the Effects of it? and I have met with this Epithet to Mercy, Crudelis misericordia; and in some kind I think there may be a cruel Mercy: I am sure that the Spirit of God said, Be not pitiful in Judgment; nay it faith, Be not pitiful of the Poor in Judgment; if not of the poor, then a Latiori, not of the rich; there's the Emphasis. We see by the set and solemn Appointments of our Courts of Justice, what provision the Wisdom of our Ancestors hath made for the Preservation, Honour and Esteem of Justice; witness our frequent Terms, Sessions and Assizes, and in what Pomp and State the Judges in their Circuits, by the Sheriffs, Knights and Justices, and all the Country, are attended oft-times for the hanging of a poor Thief for the stealing of a Hog, or a Sheep, nay in some Cases for the stealing of a Peny, and Justice too, in terrorem; and now shall not some of them be hanged that have robb'd us of all our Propriety, and sheered at once all our Sheep, and all we have away, and would have made us all indeed poor Bellizario's to have begged for Half-penies, when they would not have left us one Peny that we could have called our own ?

Let us therefore now, Mr. Speaker, not be so pitiful, as that we become remiss; not so pitiful in Judgment, as to have no Judgment; but set the deplorable Estate of Great Britain now before our Eyes, and consider how our most Gracious Sovereign hath been abused; and both his Majesty, and all his Subjects, injured by these wicked Instruments; for which my humble Motion is, That with these Particulars we become not so merciful, as to the generality (the whole Kingdom) to grow merciless.

Fiát Justitia.

The Lord Keeper voted a Traitor.

Upon these following Particulars he was the same Day voted a Traitor:

• 1. For refusing to read the Remonstrance against the Lord Treasurer Weston, 4 Car. when the Parliament desired it.
• 2. For solliciting, persuading, and threatning the Judges to deliver their Opinion for the levying of Ship-Money.
• 3. For several Illegal Actions in Forest-matters.
• 4. For Ill Offices done in making the King to dissolve the Last Parliament, and causing his Declaration thereupon to be put forth.

He files.

The next Day he was accused before the Lords, but he got up earlier, gave them the Slip, and escaped into Holland. And the same Day, being Tuesday the 22nd of December, the King by Commission deputed. Sir Edward Littleton, Lord Chief Justice of the Common Pleas, to fat an Speaker of the House of Lords in his Place.

The Judges accus'd.

Dec. 22. This Day Mr. waller went up to the Lords with a Message from the Commons, That they had received divers Information of Crimes of a very high nature against Sir John Bramston, Knight, Lord Chief Justice of the King's-Bench, Sir Humphrey Davenport, Justice Berkley, and Justice Crawley; and desired their Lordships to consider of some such Course, that they put in good Security to abide the Censure of the Parliament.

They enter into Recognizance.

The Judges being all present, except the Lord Cheif Baron, submited themselves to the Pleasure of the House. Whereupon it was ordered, That they should for the present enter into Recognizance in open Court, with condition to put in Bail of 10000l. apiece on the 30th of December, 1640. to appear before the Lords of Parliament from time to time, and to be present at the Judgment in Parliament against them it there were any; and if they cannot procure Security as aforesaid, then to yield their Bodies upon the said 30th of Decemb.

It was further Ordered by the Lords, That the Lord Chief Justice the Common-Please do give notice to the Lord Chief Baron Davenport, that he appear before their Lordships to Morrow Morning, and that he see the aforesaid Judges do appear and shew themselves personally before him once a Day upon those Days when the House doth not sit, that they may be forth-coming.

Upon some Debate in the House concerning the Miscarriages of the Judges, (whether upon this Day, or the 8th of this Month, does not appear) this following Speech was made by a Certain Member of the House.

Mr. Speaker,
It was a Custom amongst the Romans, (who as by their Power they once gave Laws, so by the happy Success of their long flourishing Government might they well give Examples to all the World) that in their Senates the youngest Men spake first; partly, that they might not have their weaker Notions ancicipated by the more knowing Senators; and partly, that the Senate might not be diverted from the mature Resolutions of the more Ancient, by the Interposition of the younger Men: They, as all Free States, ever allowing free Members to express themselves according to their several Capacities: And methinks 'twas a happy Method. So the Opinions and inclination of the Assembly, being discovered and itpened to Resoultion by such gradations, the Sentences of the Sages founded as Judgments, not Orations; their Wisdom and Gravity put a seasonable Period to others Perhaps otherwise endless Discourses.

Their President encourages me (who worst may) to break the Ice: children can lay their Fingers on the Sore, point out their pain; and Infant Graduates in Parliament may groan out the Grievances of a diseased Commonwealth, but they must be Doctors in the Art of Government that can apply apt Remedies to recover it.

Mr. Speaker, Ancient and approved hath been that Parallel of the Body Politick with the Body Natural: 'tis the Part of the Patients in either distempered, to impart freely their Griefs to the Physicians of the Body or State, if they expect a Cure.

This Commonwealth is (or should be) but one Body. This House, the great Physician of all our Maladies; and alas, Mr. Speaker, of what afficted Part shall we poor Patients complain first? Or rather of what shall we not complain?

Are we not heart-sick? Is there in us that which God requires, Unity, Purity, and singularity of Heart? Nay, is not Religion (the Soul of this Body) so miserbly distracted, that, I speak it with Terror of heart, 'tis to be feared, there is more confusion of Religions amongst us, than there was of Tongues at the Subversion. of Babel: And it is not then high time that we understand one another, that we were reduced to one Faith one Government?

Sir, Is the Head whole? The Seat of Government and Justice, the Fountain from whole sweet Influence all the inferior Members of this Body should receive both Vigor and Motion? Nay, hath not rather a general Apoplexy, or Palsy, taken or shaken all our Members? Are not some dead? Others buried quick? Some dismembred, all our disordered by the diversion of the Course of Justice?

Is the Liver (Nature's Exchequer) open, from whole free Distribution each Limb may receive his proper Nutriment? Or rather is it not wholly obstructed? Our Property taken from us? So that it may properly be said of us, Sic vos non vobis fertis aratra, our Ancestors drunk the Juice of their own Vines, reap'd and ate the Fruit of their own Harvest: But now the poor Man's Plow goes to furrow the Seas, to buid Ships: We labour not for our selves, but to seed the Excretions of Nature Things grown up out of the Ruins of the Natural Members; Monopolists.

Sir, These are Maxima vitalia; Religion, Justice, Property; the Heart, the Head, the Liver of this great Body; and these distempered or obstructed, can the subordinate Parts be free? No, Sir; The Truth is all is so far out of Frame, that to lay open every particular Grievance were to drive us into despair of Cure: In so great Confusion, where to begin first, requires not much less care than what to apply.

Mr. Speaker, I know' tis a plausible Motion, To begin with setting God's House in order first; who presses that, moves with such Advantage, that he is sure no Man will gainsay him. 'Tis a well-becoming Zeal to prefer Religion before our own Affairs; and indeed 'tis a Duty not to be omitted, where they are in equal Danger: But in cure of the Body Politick or Natural, we must prefer the most pressing Exigents.

Physicians know, that Consumptions, Dropsies, and such like lingring Diseases are more mortal, more difficult to cure, than slight external Wounds; yet if the least Vein be cut, they must neglect their greater Cures to stop that, which if neglected, must needs exhaust the Stock of Nature, and produce a Dissolution of the whole Man.

A Defection from the Duties of our Religion, is a Consumption to any State; no Foundation is firm that is not laid in Christ.

The Denial of Justice, the Abridgement of our Liberties, is such an Obstruction as renders the Commonwealth Leprous; but the Wounds. in our Property lets out the Life-blood of the People.

The Reformation of Church-Government must necessarily be a work of much Time; and God be thanked the Disease is not desperate; We serve one God, we believe in one Christ, and we all acknowledge and profess one Gospel. The Difference is only de modo, we vary but in Ceremonies; to reduce which, to the Primitive Practice, must be a Work of great Debate, is not a Work for us alone to settle.

The stop of Justice can yet injure but Particulars: 'Tis true, there be many, too many Instances of strange Oppressions, great Oppressors, but twill be hard to judge the Conclusion. Et sic de cæteris.

But take from us the Propriety of our Estates, our Subsistence, we are no more a People. This is that Vein which hath been so deep cut, so far exhausted, that to preserve our Being we must doubtless stop this Current; then settle Rules to live by, when we are sure to live.

Mr. Speaker, He that well weighs this little Word Property, or Propriety in our Estates, will find it of large Extent: The Leeches that have suck'd this Blood, have been Excise, Benevolences, Loans, Impositions, Monopolies, Military Taxes, Ship money (cum multis aliis) all which spring from one Root.

And is it not high time to grub up that Root that brings forth such Fruit? Shall we first stand to lop the Branches one by one, when we may down with all at once? He that to correct an evil Tree, that brings forth bad Fruit, shall begin at the Master-bough, and so lop downwards, is in danger to fall himself before the Tree falls. The father and Speedier way is to begin at the Root, and there, with submission to better Judgments would I lay the Axe.

The Root of most of our present Mischiefs; and the Ruin of all Posterity, do I hold, to be that extrajudicial (Judgment I cannot say, but rather) Doom, delivered by all the Judges under their Hands out of Court, yet recorded in all Courts, to the Subversion of all our Fundamental Laws, Liberties, and Annibilation, if not Confiscation of our Estates; That in case of danger the King may impose upon his Subjects, and that he is the Sole Judge of the Danger, Necessity, and Proportion which in brief, is to take what, when, and where he will; which though delivered in the time of a Gracious and Merciful Prince, who we hope will not wrest it beyond our Abilities; yet left to the Interpretation of a succeeding Tyrant, if ever this Nation be so unfortunate to fall into the Hands of such; it is a Record wherein every Man might read himself a Slave that reads it, having nothing he can call his own, all prostitute to the Will of another.

What to do in such a Case, we are not to seek for Precedents; our Honourable Ancestors taught us in the just and exemplary Punishments of Chief Justice Trefilian and his Accomplices (forgiving their Judgments out of Parliament against the established Laws of Parliament) how tender they were of us, how careful we ought to be to continue those Laws, to preserve the Liberty of our Posterity.

I am far from maligning the Person, not in my Heart wish I the Execution of any Man; but certainly it shall be a Justice well becoming this House, to lay their Heads at his Majesty's Mercy, who laid us under his Feet, who had made us but Tenants at Will of our Liberties and Estates.

And though I cannot but approve of Mercy, as a great Virtue in any Prince, yet I heartily pray it may prove a Precedent as safe and useful to this oppressed State as that of Justice.

Mr. Speaker, Blasted may that Tongue be, that shall in the least Degree derogate from the Glory of those Halcyon Days our Fathers enjoyed, during the Government of that ever-blessed, never to be forgot, Royal Elizabeth. But certainly I may safely say (without Detraction) it was much Advantage to the Peace and Prosperity of her Reign, that the great Examples of Empson and Dudley were there fresh in Memory. The Civility of our Laws tell us, That Kings can do no wrong; and then is the State secure, when Judges (their Ministers) dare do none. Since our Times have found the Want of such Examples, 'tis fit we leave some to Posterity. God forbid all should be thought or found guilty; there are doubtless some Ringleaders, let us sift them out. In publick Government, to pass by the Noceat, is equal Injustice, as to punish the Innocent. An Omission of that Duty now will be a Guilt in us, render us sham'd in History, curs'd by Posterity; our gracious and (in that Act of voluntary Justice) most glorious King, hath given up to the satisfaction of his afflicted People the Authors of their Ruins: The Power of future Preservation is now in us. Et qui non servat patriam, cum potest, idem facit destruenti patriam.

What though we cannot restore the Damage of the Common-wealth, we may yet repair the Breaches in the Bounds of Monarchy. Though it be with our Loss and Charge, we shall so leave our Childrens Children, fenced as with a Wall of Safety, by the Restoration of our Laws to their ancient Vigor and Lustre.

'Tis too true, and 'tis to be feared, the Revenues of the Crown sold out-right, would scarce remunerate the Injuries, repay the Losses of this suffering Nation, since the pronouncing of that fatal Sentence. What proportionable Satisfaction then can this Commonwealth receive, in the Punishment of a few inconsiderable Delinquents? But 'tis a Rule valid in Law, approved in Equity, that qui non habent in crumenâ, Luant in Corpore. And 'tis without all Question in Policy, Exemplary Punishments conduce more to the safety of a State, than pecuniary Reparations; Hope of Impunity lulls every bad-great-Officer into security for his time; and who would not venture to raise a Fortune, when the Allurements of Honour and Wealth are so prevalent, if the worst that can fall be but Restitution?

We see the bad Effects of this bold erroneous Opinion; what was at first but corrupt Law, by Encouragement taken from their Impunity, is since, become false Doctrine; the People taught in Pulpits, They have no Property; Kings instructed in that destructive Principle that all is theirs, and is thence deduc'd into necessary State-Policy, whispered in Council, That he is no Monarch who is bounded by any Law.

By which bad Consequences, the best of Kings hath been by the Infusion of such poisonous Positions diverted from the sweet Inclinations of his own Natural Equity and Justice, the very Essence of a King taken from him, which is Preservation of his People: And whereas Salus populi is, or should be, Suprema Lex, the Power of undoing us is mask'd under the Style of what should be Sacred, Royal Prerogative.

And is it not high time to make Examples of the first Authors of this subverted Law, bad Council, worse Doctrine?

Let no Man think to divert us from the pursuit of Justice, by poisoning the clear Streams of our Affection with jealous Fears of His Majesty's Interruption, if we look too high; shall we therefore doubt of Justice, because we have need of great Justice? We may be confident the King well knows, That his Justice is the Band of our Allegiance: That 'tis the Staff, the Proof of his Sovereignty.

Tis a happy Assurance of his Intentions of Grace to us, that our Loyalty hath at last won him to tender the Safety of his People: And certainly (all our Pressures well weighed this Twelve Years last past) it will be found the passive Loyalty of this suffering Nation, hath out-done the Active Duty of all Times and Stories. As the Poet hath it, fortiter ille facit, uqi miser esse potest; I may as properly say, Fideliter, fecimus, we have done Loyally to suffer so patiently.

Then since our Royal Lord hath in Mercy visited us, let us not doubt, but in his Justice he will redeem his People. Qui timide rogat docet negare. But when Religion is innovated, our Liberties violated, our Fundamental Law abrogated, our Modern Law already obsoleted, the Propriety of our Estates alienated; nothing left us we can call our own, hut our Misery and our Patience: If ever any Nation might justifiably, this certainly may now, now most properly, most seasonably cry out, and cry aloud, Vel Sacra Regnet Justicia, vel Ruat Coelum

Mr. Speaker, The Sum of my humble Motion is, That a special Committee may be appointed, to examine the whole Carriage of that Extrajudicial Judgment. Who were the Councellors, Sollicitors, and Subscribers to the same: The Reasons of their subscription, whether according to their Opinions, by Importunity of Pressure of other, whether pro forma tantum. And upon Report thereof, to draw up a Charge against the Guilty, and then Lex Currat, Fiat Justicia.

Die Mercurii, 23 die Decemb. Lord Chief Baron appears.

The Lord Chief Baron Davenport appeared in the House of Lords, and submitted himself to their Lordships Pleasure, and consented to enter into a Recognizance of the same Condition as the Judges Yesterday did; which was done accordingly.

Sureties for the Bishop of Ely.

The Bishops of Bangor, Peterborough, and Landaff, became bound to the King in 10000l. for the forth-coming of Matthew Wren Lord Bishop of Ely; and his being present at the Judgment of the House of Lords against him, if any should be.

Order for the Archbishop of canterbury's taking the Air.

The Archbishop of Canterbury, upon his Petition to the House of Lords, had leave to go abroad to take the Air for his Health's-sake, but in the Company and Presence of Mr. Maxwell, Gentleman Usher to the House, and to speak with no body at such times but in Mr. Maxwell 's Presence, who was to be answerable for his Grace's forth coming when he is with him.

Bishops excused from Attendance on Christmas day.

It was moved in the Lords House, in regard to-morrow was Christmas Day, That the Lords the Bishops might be excused from attending the House; whereupon it was Ordered, That as many of the Bishops as will come, may; the rest to be excused for their Absence.

Whereas an Order was formerly made, That the Customers should pay no Money but for the Maintenance of the King's Houshold; it was this Day revoked, by reason they were to pay Money taken out of the Tomer.

Thursday, Decemb. 24.

It was resolved by Question of the House, That the Proceedings against the Lord Mount-Norris, and the Lord Dillon, two Irish Lords, by the Lord Lieutenant of Ireland, and the Council there, were Illegal; and that Judges ought to be called in Question, and punished for the same.

Friday the 25th was Christmas-Day;and upon Saturday the 26th, the Bill of Subsidies was only read and debated on.

Monday, Decemb. 28.

It was Ordered, That the Committee concerning the Lieutenant of Ireland, and the Archbishop of Canterbury, have Power to make Reparations to the Parties that complain for the Wrongs they have sustained. This Day was reported from the House of Lords, by Sir Henry Vane from a Conference had with the Lords, That the Fourth and Fifth Article of the Scots are condescended unto; viz. The Punishment of the Scots in their own Country, and of the English. here; and the Restoration of their Ships taken since the War; and that the King would protect no Man, nor keep them in any Service or Office, without consent of Parliament. This Day a Cessation of Arms for a Month longer was agreed upon, according to the Agreement formerly made.

A Message sent to the Lords, to desire them to request the Scottish Lords to make good their Proofs with all speed, against the Lord Lieutenant of Ireland, and the Archbishop of Canterbury, that so their Lord-ships may proceed to Sentence against them.

Tuesday, Decemb. 29. William Pierce, Son to the Bishop of Bath and Wells.

An Information was given by Alderman Pennington, That William Pierce, Arch-Deacon, Son to the Bishop of Bath and Wells, should say in Mr. Coleman 's House, who seemed to be concerned at the Dissolution of the last Parliament, A Pox of God take them all for a Company of Puritannical factious Fellows, that would wyre draw the King for Money; saying, That a Spanish Don would lend him Two Millions; and, That the King would never be at quiet till he had taken off Twenty or more of their Heads. This being proved by three Witnesses, he was upon his Knees at the Bar, and denied it; so he was delivered to the Serjeant at Arms till the House should proceed to Censure.

From this Day the House Adjourned till Saturday the 9th of January, by reason of Christmas-Week, and New-Years-Day.