venom of an infectious pestilence may be prevented by antidotes, and qualified by physical remedies: but this Catholic grievance, like a snake in the most verdant walks, (for such are the unblemished laws truly practised) stings us to death when we are most secure, and, like the king's-evil, can only be cured, by his majesty's free and gracious permission, of our modest and gentle proceedings for his vindication, and our preservation therein included.

Spenser and Gaveston,* who have left their names monumentally odious, for the evil counsel they fed the king's ears with, yet did possibly advance their own friends; whilst these dart their envy and treason as from a common center, equally touching the bounds of every superficies: for as concerning the valid estates, they have illegally overthrown them; when by your lordship's industry the laws receive their vigour, they will resume their confirmation. But the estates happily in themselves legal, that they have in an extrajudicial form established, will baste as speedily to their dissolution; so, that, Judas like, they betrayed their best friends with a kiss.

"To kill a Judge, quatenus a Judge, is not Treason; but to kill a Judge sitting on the bencb, is treason; not for that the law intends it out of any malice against the party, but for malice against the law; Where then can an intensive or an extensive malice be more exprest or employed against the law, than the practical dialect of these persons impeached, speaks with a known and crying accent. The Benjamites slung stones with their left hands, yet they would not miss an hair's breadth : These extrajudicial proceedings are slung with the left, I mean they are sinistrous, and imprint their black and blue marks more certain and more fatal: so that they may say, 'Quæ regio in terris nostri non plena laboris?' Though these things be familiar unto us, yet I cannot but admire how this unproportionable body of judicature, should swell up into such a vast and ulcerous dimension. But why should I? considering this eccentrick motion of the body of the law, bad his birth obscure, resembling the tarcs that were sowed in the night-time: but here is the difference, they were sown by the enemy in the absence of the master; but these are sown by the grand masters themselves purposely, to overtop and choke the expected harvest. Innovations in law, and consequently in government, creep in like heresies in religion, slowly and slily, pleading in the end a saucy and corrupt legitimacy, by uncontrouled prescription.

"My lords, this is the first sitting; and I have only chalked out this deformed body of High Treason; I have not drawn it at length, lest it might fright you from the further view thereof.

"My Lords, I cannot find in any surviving chronology of times, this season, to be parallelled with all circumstances: which makes me view the records amongst the infernal spirits, to find if, matched there, I might extenuate their facts, where first they appear like the false spirit, sent into the mouth of the prophets of Achab, to speak delusions to subvert the host of God. The most vehement and traiterous encounter of Satan, is lively decyphered in the true example of Job; where first I observe the disanalogy; he overthrows not Job's Magna Charta, he disseizes him not of his inheritance, nor dispossesses him of his leases, but only disrobes him of some part of his personal estate: when he proceeds to infringe Job's liberty he doth not pillory him, nor cut off his ears, nor bore hun through the tongue; he only spots him with some ulcers: Here Satan stays, when these persons, by their traitorous combinations, envy the very blood that runs unspilt in our veins; and by obtruding bloody acts, damned in the last parliament, will give Satan size-ace and the dice, at Irish, in enthralling the lives of the subjects, by their arbitrary judicature. I would not, my lords, be understood to impute unto judges an infallibility, nor in impeaching these, to traduce those, whose candour and integrity shine with a more admired lustre, than their white frrs, who, like trophies of virginjustice, stood fixed and unmoved in the rapid torrent of the times, while these like straws and chips played in the streams, until they are devolved in the ocean of their deserved ruin. No, my lords, humanum est errare; and the law allows writs of error, and arrests of judgment; but where there is crassa ignorantia, against their oaths, against the fundamental, elemen-monwealth may pay an amiable sacrifice in retary, and known laws of the kingdom; nay, my lords, where it is rather præmeditata ma

* See vol. 1. p. 21, 23.

"In conclusion, It is the humble desire of the Commons, that the parties impeached may be secured in their persons, sequestered from this house, from the Council-Table, and from all places of judicature (as being civiliter mortui) that they may put in their Answers to the Articles ready now to be exhibited against them, and that all such further proceedings may be secretly expedited, as may be suitable to justice and the precedents of parlia ments, so his majesty may appear in his triumphant goodness and indulgence to his people, and his people may be ravished in their dutiful and cheerful obedience and loyalty to his majesty. Your lordships may live in records to posterity, as the instrumental reformers of these corrupted times, and the kingdom and com

tribution and acknowledgment of his majesty's multiplied providence for our prescrvation herein."

Lowther, and sir George Ratcliff, knights, were ARTICLES of the knights, citizens and bur- privy councellors of state within this kingdom, gesses in Parliament assembled, against Sir and against their and every of their oaths of the RICHARD BOLTON, Lord Chancellor of Iresame; and at the such times as the said sir land; JOHN Lord Bishop of DERRY; Sir Rich. Bolton, kt. was lord chancellor of IreGERARD LOWTHER, kt. Lord-Chief Justice land, or chief baron of the court of Exchequer of his majesty's Court of Common-Pleas; within this kingdom, and sir Gerard Lowther, and Sir GEORGE RATCLIFF, kt. in main-kt. was lord chief justice of the said court of tenance of their Accusation, whereby they Common-Pleas, and against their oaths of the stand charged with High Treason. same, and at such time as the said lord bp. of of Derry was actually bishop of Derry withinthis kingdom, and were done and perpetrated contrary to their and every of their allegiance, and several and respective oaths taken in that behalf.

I. That the said sir Richard Bolton, kt. lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, kt. lord chief justice of his majesty's court of Common-Pleas, and sir George Ratcliff, kt. intending the destruction of this realm, have traiterously considered and conspired together, to subvert the fundamental laws and government of this kingdom; and in pursuance thereof they and every of them have traiterously contrived, introduced and exercised an arbitrary and tyrannical government against law, throughout this kingdom, by the countenance and assistance of Thomas Earl of Strafford, then chief governor of the kingdom.

For which, the said knights citizens, and burgesses do impeach the said sir Richard Bolton, lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, kt. lord chief justice of his majesty's said court of Common-Pleas and sir George Ratcliff, kt. aforesaid, and every of them, of high treason against our sovereign lord the king, his crown and dignity.

And the said knights, citizens, and burgesses, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said sir Richard Bolton, lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, and sir George Ratcliff aforesaid, and every of them; and also of replying to their, and every of their Answer and Answers, which they and every of them shall make to the said Articles, or any of them, and of offering proof also of the premises, or of any other impeachment or Accusation, as shall be by them exhibited, as the case shall, according to the course of parliament, require.

II. That they and every of them the said sir Richard Bolton, kt. lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, kt. lord chief justice of his majesty's court of Common-Pleas, and sir George Ratcliff, kt. have traiterously assumed to themselves, and every of them, regal power over the goods, persons, lands, and liberties, of his majesty's subjects of this realm; and have likewise maliciously, perfidiously, and traiterously given, declared, pronounced, and published false, unjust, and erroneous opinions and judgments, sentences and decrees, in extrajudicial manner against law; and have perpetrated, practised, and done many other traiterous and unlawful acts and things, whereby as well divers mutinies, seditions, and rebellions have been raised; as also many thousands of his majesty's liege people of this kingdom, have been ruined in their goods, lands, liberties, and lives: And many of them being of good quality and reputation, have been utterly defamed by pillory, mutilation of members, and other infamous punishments; by means whereof his majesty and the kingdom have been deprived of their service in juries and other public employments, and the general trade and traffic of this island for the most part destroyed, and his majesty July 31st 1646. Upon the petition of adhighly damnified in his customs and other re-jutant Grey and Mr. Steward against an illegal

vennes.

III. That the said sir Richard Bolton, John lord bishop of Derry, sir Gerard Lowther, and Sir George Ratcliff, and every of them, the better to preserve themselves and the earl of Strafford in these and other traiterous courses, have laboured to subvert the rights of parliaments, and the ancient course of parliamentary proceedings: All which offences were contrived, committed, perpetrated, and done at such times as the said sir Richard Bolton, sir Gerard

And the said knights, citizens, and burgesses, do pray that the said sir Richard Bolton, kt. lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, kt. lord chief justice of the said court of Common-Pleas, and sir George Ratcliff, kt and every of them, be put to answer all and every the premises; and that all such proceedings, examinations, trial, and judgment, may be upon them, and every of them, had and used, as is agreeable to law and justice."

decree made by sir George Ratcliff in Ireland against them, 1.5007. were ordered to Mr. Steward, and 4001. to adjutant Grey, out of sir George Ratclit.'s estate. (Whitl. 222.)-He was one of 57 persons excepted from Pardon in the Parliament's Propositions, July 11th, 1646. (6 Rush. 313,) and again in 1648. (Whit. 340, 343.)

What was the end of these Prosecutions does not appear.

157. Proceedings against JOHN GOODMAN, a Seminary Priest,* condemned for High Treason: 16 CHARLES I. A. D. 1641. [4 Rushw. Coll. 2 Cobb. Parl. Hist. 710.]

disheartening of the people in this time of parliament, when they expect a thorough reforination. The Commons, therefore, desired their lordships assistance to discover such instruments as have dared to intercede for the interruption of public justice against such offenders, &c."

ON Saturday, Jan. 23, 1641, the House of Commons appointed Mr. Hampden, Mr. St. John, sir John Culpeper, sir John Hotham, sir Peter "Hayman, sir Walter Earle, Mr. Glyn, sir Tho. Barrington, and sir Gilbert Gerard, to prepare heads for a Conference with the Lords, concerning the Reprieval of Thomas Goodman, The Lords thought proper to acquaint the Priest and Jesuit, and upon such other matters King with this Message from the Commons: and as they in their judgments shall think fit.-Mr. | appointed the Lord Privy Seal and the Earl Recorder of London was sent for, who at the Marshal to deliver it. bar made a Narrative of the whole passage of the Indicting, Condemning, and Reprieval of Goodman the Priest.-Mr. Glyn reports the heads of the Conference to be desired with the lords, concerning the Reprieval of Goodman, &c. Sir John Culpeper was sent up to the lords to desire a Conference by a committee of both houses presently, if it might stand with their lordships occasions, in the Painted Chamber, concerning the Reprieving of John Goodman, a Priest lately condemned of High Trea

son.

Which Conference, it appears, was presently had: After which the Lord Privy Seal reported to the Lords, "That Mr. Glynn had acquainted them with the Commons sending to the city of London, to advance money for his majesty's service, and that of the Commonwealth; answer was returned, That there was a general discontent amongst the citizens, for the Reprieval of one Goodman, a seminary priest, lately condemned for High Treason, who had been formerly so for the same offence, and banished this kingdom. By which they found that there was a great connivance at Jesuits and Priests through the kingdom, to the great

The same day, the King being attended at Whitehall by the two Houses, made a Speech to them, and afterwards, the Commons being withdrawn, his majesty spoke a few words to the Lords, to tell them, "That he heard of a Conference to be that afternoon, about the business of Goodman the Priest; and that, in a day or two, he would send them the Reasons for what he had done in that matter, which he hoped would satisfy them."

On Monday, the 25th, the Lords at a Conference communicated to the Commons the fol

lowing Message from the King.

"That the occasion of his majesty's knowledge of the Conviction of John Goodman the order that hath been taken for divers years, Priest, lately reprieved, was upon the constant That the Recorder hath at the end of every sessions attended his majesty with the Names of the persons convicted, with an expression of their offences, to the end that his majesty might and consequently, not be induced by informa be truly informed of the nature of their crimes, tion to reprieve such as were not fit for grace and mercy: And thereupon, That Goodman * By statute 23 Eliz. c. 2, s. 2, it was enacted, priest merely, and was acquitted of the charge was lately condemned for being in orders of a "That it shall not be lawfull to or for any Jesuite, of perverting the king's people in their belief, Seminary Priest, or other such Priest, Deacon, and had never been condemned or banished or religious or ecclesiasticall person whatsoever, before. His majesty is tender in matter of being borne within this realme, or any other her blood, in cases of this nature; in which queen highnesse dominions, and heretofore since the Elizabeth and king James have been often merFeast of the Nativitie of Saint John Bap- ciful: but to secure his people that this man tist, in the first ycere of her majestie reigne, shall do no more hurt, he is willing that he be made, ordeined, or professed, or hereafter to be made, ordeined or professed by any authoritie advise; and if he return into the kingdom, to imprisoned or banished, as their lordships shall or jurisdiction, derived, challenged or pretend-be put to execution without delay; and he will ed from the see of Rome, by or of what name, title or degree soever, the same shall be called or knowen to come into, bee or remaine, in any part of this realme, or any other her highnesse dominions, after the end of the same fortie dayes, other then in such speciall cases, and upon such speciall occasions onely, and for such time onely as is expressed in this Acte, and if he doe that, then every such offence shall be taken and adjudged to be High Treason. And everyperson so offending shall forhis offence be adjudged a Traytor, and shall suffer, lose and forfeite as in case of High Treason." See 31 G. 3, c. 32.

take such fit course for the expulsion of other Priests and Jesuits, as he shall be counselled tend by this particular mercy to lessen the force unto by your lordships; and he doth not in

of the law."

On the next day, both Houses agreed on the following Remonstrance to the King, which the Lord-Keeper that same afternoon in presence of both Houses, delivered to his majesty.

66

May it please your majesty; Your loyal subjects the Lords and Commons now assembled by your majesty's writ in the high court of

year of queen Elizabeth, being thus: viz. That the Priests and Jesuits come hither, not only 'to draw the subjects from their true obedience to the queen, but also to stir up sedition, rebellion, and open hostility within the realm, to the great endangering of the safety of her royal person, to the utter ruin, desolation, and overthrow of the whole kingdom, if not timely prevented.' And the tenour of the words of the statute of the 3rd year of king James, are in this manner: viz. Whereas divers Jesuits ' and Priests do withdraw many of his majesty's 'subjects, from the true service of Almighty 'God, and the religion established within this 'realm, to the Romish religion, and from their loyal obedience to his majesty; and have of late secretly persuaded divers recusants, and papists, and encouraged and emboldened them to commit most damnable treasons, tending to the overthrow of the whole state and commonwealth, if God of his goodness and mercy had not within few hours of the intended time ' of the execution thereof, revealed and disclos'ed the same.'

Parliament, humbly represent unto your gracious consideration, That Jesuits and Priests ordained by authority from the see of Rome, remaining in this realm by a statute made in the 21st year of queen Elizabeth, are declared Traitors, and to suffer as Traitors. That this law is not so rigorous as some apprehend, or would have others to believe; for that it is restrained to natural born subjects only, and doth not extend to any strangers at all. That it is enacted in the first year of king James, That all Statutes made in the time of queen Elizabeth against Priests and Jesuits, be put in execution; and for a further assurance of the due execution of these laws, the Statute of the 3rd year of king James invites men to the discovery of the offenders, by rewarding them with a considerable part of the forfeiture of the recusants estates. So that the Statute of queen Elizabeth is not only approved, but by the judgments of several parliaments in the time of king James of happy memory, adjudged fit and necessary to be put in execution.

"That considering the estate, and condition of this present time, they conceive this law to "The Houses do further inform, That some be more necessary to be put in strict execution, Jesuits and Priests had been executed in the than at any time before; and that for divers time of queen Elizabeth, and king James of weighty and considerable reasons, viz. for that happy memory; and when any of them have by divers Petitions from the several parts of received mercy, it was in such time, and upon this kingdom, complaints are made of the great such circumstances, as that the same might be increase of Popery and Superstition, and the extended unto them without danger. Whereas people call earnestly to have the laws against now of late, there hath been a great apprehenRecusants put in execution; seeing Priests and sion of endeavours by some ill agents to subvert Jesuits swarm in great abundance in this king-religion; and at this present both kingdoms dom, and appear here with such boldness and have a general expectation of a thorough reconfidence, as if there were no laws against them. formation. And there is already found so ill "That it appears unto the House of Com- consequence of the late reprieve of John mons by proof, That of late years about the Goodman the priest, That the House of Comcity of London, Priests and Jesuits have been mons having sent to the citizens of London for discharged out of prison; many of them being their assistance in the advancement of money, condemned of High Treason. They are credibly for the present and necessary supply of his mainformed, That at this present the pope hath ajesty's army, and the relief of the Northern counNuncio or Agent resident in the city, and they have just cause to believe the same to be true. The Papists as publicly, and with as much confidence and impunity, resort to mass at Denmark house, and St. James's, and the ambassadors chapels, as others do to their parish churches. They conceive the not putting of these statutes in execution against Priests and Jesuits, is a principal cause of the increase of popery.

"That the putting of these Laws in execution, tendeth not only to the preservation and advancement of the true Religion established in this kingdom; but also the safety of your majesty's person, and security of the state and government, which were the principal causes of the making of the laws against Priests and Jesuits, as is manifestly declared in the pream, ble of the laws themselves, which are the best interpreters of the minds of the makers of them. "And because the words being penned by the advice and wisdom of the whole state, are much more full and clear than any particular man's expression can be; they were therefore read as they are vouched, those of the 27th

ties; upon this occasion they have absolutely denied to furnish the same: And how far the like discontents may be diffused into other parts of the kingdom, to the interruption of the levying the subsidies, the houses leave to your majesty's consideration. It is found that Goodman the priest hath been twice formerly committed and discharged; that his residence now about London, was in absolute contempt of your majesty's proclamation, as the houses are credibly informed; that he hath been sometimes a minister in the church of England, and consequently is an apostate; and both houses are very sensible, that no person should presume to intercede with your majesty in a case of so high a nature. They humbly desire, That a speedy course may be taken for the due execution of the laws against the Priests and Jesuits: that all mischiefs before mentioned may be timely remedied by your majesty's great wisdom. And lastly, That Goodman the Priest be left to the justice of the law."

On February 3, the King spoke to the two Houses as follows:

"My lords and gentlemen; Having taken into

my serious consideration, the late Remonstrance conceive this mercy may produce; therefore of the houses of parliament, I give you this An- do remit this particular cause to both th swer. That I take in good part your care of houses, but I desire them to take into thei the true Religion established in this kingdom, consideration the inconveniencies, as I conceiv from which I will never depart: As also your may upon this occasion fall upon my subject tenderness of my safety, and the security of and other Protestants abroad, especially sinc this state and government. It is against my it may seem to other states to be a severity mind that Popery or superstition should any Which having thus represented, I think mysel way increase within this kingdom, and will re-discharged from all ill consequence that may strain the same by causing the laws to be put ensue upon the execution of this person." in execution.

"I am resolved to provide against the Jesuits and Papists, by setting forth a Proclamiation with all speed, commanding them to depart the kingdom within one month; of which if they fail, or shall return, then they shall be proceeded against according to the laws.

"Concerning Rosetti," One said to be the Pope's Nuntio,]"I give you to understand; That the Queen hath always assured me, That to her knowledge he hath no commission, but only to retain a personal correspondence between her and the Pope, in things requisite for the exercise of her Religion, which is warranted to her by the Articles of Marriage; which gave her a full liberty of conscience: yet I have persuaded her, that since the misunderstanding of the person's condition gives offence, she will in a convenient time remove him.-Moreover I will take a special care to restrain my subjects from resorting to mass at Denmark house, St. James's, and the chapels of ambassadors.

"Lastly, Concerning John Goodman the priest, I will let you know the reason why I reprieved him, and it is, That, as I am informed, neither queen Elizabeth, nor my father did ever avow, That any priest in their times was executed merely for religion, which to me seems to be this particular; yet seeing I am prest by both houses to give way to his execution, because I will avoid the inconveniency of giving so great a discontent to my people, as I

The next day, his majesty likewise caused Petition of this Goodman, to be commuicated to the House of Lords by the Lord Keeper which Petition was in these words:

"To the King's Most Excellent Majesty, the Humble Petition of John Goodman, condemned.

"Humbly Sheweth; That whereas your Petioner hath been informed of a great discontent in many of your majesty's subjects, at the gracious mercy your majesty was freely pleased to shew unto your petitioner, by the suspending the Execution of the Sentence of Death pronounced against your petitioner for being a Romish priest.-These are humbly to beseech your majesty, rather to remit your Petitioner to their mercy that are discontented, than to let him live the subject of so great discontent in your people against your majesty; for it hath pleased God to give me the grace, to desire with the prophet, That if this storm be raised for my sake, I may be cast into the sea, that others may avoid the tempest.-This is, most sacred sovereign, the Petition of him, that should esteem his blood well shed, to cement the breach between your majesty and your subjects upon this occasion. Ita testor.

JOHN GOODMAN."

Whether this Priest was executed or not, does not appear.

158. Proceedings against the TWELVE BISHOPS; namely, Dr. JOHN WILLIAMS Archbishop of York, Dr. THOMAS MORETON Bishop of Durham, Dr. ROBERT WRIGHT Bishop of Coventry and Litchfield, Dr. JOSEPH HALL Bishop of Norwich, Dr. JOHN OWEN Bishop of St. Asaph, Dr. ROBERT SKINNER Bishop of Oxford, Dr. WILLIAM PIERS Bishop of Path and Wells, Dr. GEORGE COKE Bishop of Hereford, Dr. MATTHEW WREN Bishop of Ely, Dr. GODFREY GOODMAN Bishop of GLOCESTER, Dr. JOHN WARNER Bishop of Peterborough, and Dr. MORGAN OWEN Bishop of Llandaff, upon an Accusation of High Treason: 17 CHARLES I. A. D. 1641. [4 Rushw. Coll. 466. 2 Cobb. Parl. Hist. 993.]

On the 30th of December, 1641, the Lord | tition to their lordships, which had been preKeeper signified to the House of Lords. That sented to him. The said Petition was ordered the king had commanded him to deliver a Pe- to be read, and was in these words: