'Confer. at Hampton Court, p. 26], no Schis many particulars, and that criminally, and I matic ought to be received against his Bishop.hope your lordships will think illegally: As 6 secretary Windebank's, bishop Mountague's, my chaplains, Dr. Heylin's, Dr. Cosen's, Dr. Pocklington's, Dr. Dove's, Mr. Shelford's, and divers others: And many of these Charges look back into many years past. Whereas the act made this present parliament takes no notice of, nor punishes any man for any thing done and past at the Council-Table, "Star-Chamber, or High-Commission, much less doth it make any thing Treason. And out of this act I am no way excepted. Be'sides (as I have often pleaded), all acts done in the Star-Chamber, at Council-Table, High'Commission, or Convocation, are all joint acts of that body in and by which they were 'done; and cannot by any law be singly put upon me, it being a known rule of the law, Refertur ad universos quod publice fit per 'majorem partem." And Mr. Prynn himself can stand upon this rule against the Independents, and tell us, that the major voice or party ought to over-rule and bind the less; and he quotes scripture for it too. In which And many of these are witnesses in their own causes, and pre-examined before they come in court; at which pre-examination I was not present, nor any for me, to cross-interrogate. Nay, many causes which took up divers days of Hearing in Star-Chamber, High-Commis'sion, and at Council-Table, are now upon the ⚫ sudden easily overthrown by the Depositions of the Parties themselves. And upon what law this is grounded, I humbly submit to 'your lordships. And such as these are the 'causes of Mr. Prynn, Mr. Burton, Mr. Wil'son, alderman Chambers, Mr. Vassal, Mr. 'Waker, Mr. Huntly, Mr. Foxlye, and many 'other. Where I humbly represent also, how 'impossible it is for any man that sits as a 'judge to give an account of all the several 'motives which directed his conscience in so 'divers causes, and so many years past, as these 'have been, and where so many witnesses have 'been examined, as have been here produced against me: My Lords, above 150 witnesses, ' and some of them three, four, six times over; and Mr. Pryng I know not how often. Where-place, that which is done by the major part as the civil law says expressly, That "the 'judges should moderate things so, that no 'man should be oppressed by the multitude of witnesses; which is a kind of proof too, that 'they which so do, distrust the truth and good-nour, knowledge, and experience, judges, 'ness of their cause."* Besides, my Lords, in 'all matters which came before nie I have done nothing, to the uttermost of my understanding, but what might conduce to the peace and welfare of this kingdom, and the maintenance ' of the doctrine and discipline of this Church 'established by law; and under which God hath blessed this state with so great peace and plenty, as other neighbouring nations 'have looked upon with admiration. And what 'miseries the overthrow of it, which God in mercy forbid, may produce, he alone knows. 6 is ascribed to all; not laid upon any one, as 'here upon me. And in some of these courts, Star-Chamber especially, and Council-Table, I was accompanied with persons of great ho-> 6 ' and others; And it is to me strange, and wilh " seem so to future ages, that one and the same act shall be Treason in me, and not the least crime, nay, nor misdemeanor in any other. And yet no proof hath been offered that I solicited any man to concur with me; and almost all the votes given preceded mine, so 'that mine could lead no man.' 6 8. After this I answered to divers other particulars, as namely, to the Canons, both as they concerned aid to the king, and as they looked upon matters of the church and religion. 9. To the Charge about Prohibitions. 10. To the base Charge about Bribery. But pass them over here, as being answered before: Whither I may refer the reader now, though I could not the lords then. 6. Sixthly, my Lords, there have been many 'and different Charges laid upon me about words. But many of them, if spoken, were only passionate and hasty; and such, upon 'what occasion soever drawn from me, and I have had all manner of provocations put upon me, may, among human errors, be pardoned * unto me, if so it please your lordships. But for such as may seem to be of a higher nature, as those witnessed by sir Henry Vane the elder, I gave my answer again now fullyblished in England. And this they went to the Lords, but shall not need to repeat it ' here. 7. Seventhly, Then, my lords, for my ac'tions; Not only my own, but other mens 'have been heavily charged against me in 11. My lords, after this came in the long and various Charge of my usurping Papal Power, and no less than a design to bring in all the Corruptions of Popery, to the utter overthrow of the Protestant Religion esta about to prove, ་ (1.) By my Windows in the Chapel: An argument as brittle as the glass in which the ' pictures are. (2.) By Pictures in my Gallery; Which were there before the house was mine, and so proved to your lordships. 6 (3.) By Reverence done in my Chapel ; 'As if it were not due to God, especially in his church; and done it was not to any other * "Judices moderentur, &c. ne effrænata potestate ad vexandos homines superflua maltitudo testium protrahatur." Dig. 1. 22, tit. 5, 1. 1, § 2. Adde et hanc rationem, quod qui prædicta licentia abutuntur, veniunt in suspi-person or thing. cionem, quod non satis confidunt veritati." (4.) By Consecration of Churches; Which Gloss. Ibid. was long before Popery came into the world; as was also the care of safe laying up of all hallowed and sacred things. For which, I desire your lordships I may read a short passage out of sir Walter Raleigh's History; the 'ratser because written by a lay-man, and "since the times of Reformation.' ‹ St. Augustin* observed in his, and we find it true in our time, "The inconvenience is great, which comes to the church and religion by bold affirmers." Nay, he is at a satis dici non potest, the mischief is so great as cannot 'be expressed. (7.) Then by altering some things in a Sermon of Dr. Sibthorp's. But my answer formerly given will shew I had cause. 6 (8.) By my preferment of unworthy men. So unworthy, as that they would be famous 'both for life and learning, were they in any other Protestant Church in Christendom. And they are so popishly affected, as that having suffered much both in state and repu'tation (since this persecution of the Clergy began; for less it hath not been), no one of them is altered in judgment, or fallen into any liking with the Church of Rome. (9.) By the Overthrow of the Feoffment; But that was done by Judgment in the Exchequer, to which I referred myself. And if "the Judgment there given be right, there is no fault in any man; If it were wrong, the fault was in the judges, not in me; I solicited none ' of them. (10.) By a passage in my Book, where I say, The religion of the Papists and ours is 'one; But that is expressed at large, only because both are Christianity; and no man, I hope, will deny that Papists are Christians. As for their notorious failings in Christianity, I have in the saine Book said enough to them. But this Mr. Maynard excepted against, both as new matter, and because I had not the Book present, though the Paper thence transcribed was offered to be attested by oath to be a true Copy. But though I could not be suffered to read it then, yet here it follows: So sacred was the moveable Temple of God, and -with such reverence guarded and transported, as 22,000 persons were dedicated to the service and attendance thereof, of which 8,580 had the peculiar charge, according to their several offices and functions, the particulars <whereof are in the third and fourth of Num⚫bers. The reverend care which Moses the prophet and chosen servant of God had in all that belonged even to the outward and least parts of the tabernacle, ark, and sanctuary, witnessed well the inward and most humble zeal borne toward God himself. The industry used in the framing thereof, and every and the least part thereof, the curious workmanship thereon bestowed, the exceeding charge and expence in the provisions, the dutiful observance in laying up and preserving the holy • vessels, the solemn removing thereof, the vigilant attendance thereon, and the provident • defence of the same, which all ages have in 'some degree imitated, is now so forgotten and cast away, in this superfine age, by those (11.) By a testimony of Mr. Burton's and of the Family, by the Anabaptists, Brownists, Mr. Lane's, that I should say, "we and the and other sectaries, as all costs and care be- 'Church of Rome did not differ in fundimen stowed and had of the church, wherein Godtals, but in circumstantials."' [This I here is to be served and worshipped, is accounted followed at large; but, to avoid tedious repetia kind of popery, and as proceeding from an tion, refer my reader to the place where it is idolatrous disposition. Insomuch, as time answered.] would soon bring to pass (if it were not resisted) that God would be turned out of churches into barus, and from thence again into the fields and mountains, and under the hedges; and the office of the ministry (robbed of all dignity and respect) be as contemptible as those places; all order, discipline, and church-government, left to newness of 'opinion and men's fancies; Yea, and soon after as many kinds of religions would spring up, as there are parish-churches, &c.' Do ye not think somebody set Mr. Maynard on to prohibit the reading out of this passage, as fore-pondence with Priests. seeing whither it tended? For I had read one third part of it, before I had the stop put unto me. to look upon them in their proper places, where I doubt not but my answer will give him full satisfaction, that I did not the one, nor am the other.] But, my lords, there are other strange arguments produced against me, to prove my 'compliance with Rome, which I most humbly 'desire your lordships may not be forgotten. 1. As, first, my lords, it hath been charged' upon me, that I made the oath recited in the 'first of the late Canons; one clause whereof is this; "that I will never give my consent to subject this Church to the usurpations and 'superstitions of the Church of Rome."" Whence the argument drawn against me must be this, and can be no other: that I did endeavour to bring in Popery, because I made and took a solemu oath, never to give my 'consent to subject this Church of England to 'the usurpations and superstitions of the 'Church of Rome. I beseech your lordships 'mark the force of this argument; and they which follow are as pregnant against me. 5. Fifthly, the Plot discovered to sir William Boswell and myself, by Andreas ab Habernfield, hath been charged against me: "That Plot for altering of religion, and by what ways, your lordships have heard already, and is to be seen at full in Rome's Master-piece. Now if this Plot in the issue proved nothing 'but a confused information, and no proof of any particular, as indeed it did; what's become of Rome's Master-piece? But if it had any reality in it, as it appeared to be a sad Plot, not only to me, but to all men that saw the short propositions which were first sent, 'with an absolute undertaking to prove them; 'then it appears expressly, that I was in danger of my life, for stiffly opposing the bringing in of Popery; and that there was no hope to 'alter religion in England, till I was taken out of the way. And though in conclusion the proofs failed, yet what was consulted, and it seems resolved, concerng in me, is plain enough. And then the argument against me hes thus: There's no hope to bring in Popery, till I am taken out of the way; there'fore I did labour to bring it in. Do not these things, my lords, hang handsomely together? 2. Secondly, my Book against Fisher hath 'been charged against me; where the argu'ment must lie thus: I have endeavoured to advance Popery, because I have written ' against it: and with what strength I have writ- 6. Lastly, there have been above three'ten against it, I leave posterity to judge, when score Letters and other Papers, brought out 'the envy which now overloads me, shall be of my Study into this honourable house; they 'buried with me. This I will say with St. Gre- ' are all about composing the differences be'gory Nazianzen (whose success at Constanti-tween the Lutherans and Calvinists in Ger'nople was not much unlike mine here, save many. Why they should be brought hither, that his life was not sought), "I never la- but in hope to charge them upon them, I 'boured for peace, to the wrong and detri- know not; and then the argument will be 'ment of Christian verity;" nor I hope ever this: I laboured to reconcile the Protestants 'shall.' [And let the Church of England look in Germany, that they might unanimously 'to it: for in great humility I crave to write 'set themselves against the Papists; therefore 'this (though then was no time to speak it),I laboured to bring Popery into England. 'that the Church of England must leave the way it is now going, and come back to that 6 way of defence which I have followed in my Book, or she shall never be able to justify her separation from the Church of Rome.] 3. Thirdly, all the late Canons have been charged against me; and the argument which 'is drawn from thence, must lie thus: The 'third of these Canons for suppressing the 'Growth of Popery, is the most fall and strict "Canon that ever was made against it in the Church of England; therefore I that made this Canon to keep it out, am guilty of endcavouring to keep it in. 4. Fourthly, I have by my industry, and "God's great blessing upon my labours, stayed as many from going, and reduced to the Church of England as many that were gone to Rome, as I believe any minister in England "can truly say he hath done: 1 named them before, and had scorn enough put upon me for it, as your lordships could not bat both see 'and hear; where the argument les thus: I converted many from Popery, and settled them in the religion established in England; therefore I laboured to bring in Popery, which out of all doubt can be no sober man's way. Now that your lordships have heard the Arguments, and what proof they make against me, I must be bold to put you in mind of that which was said here at the bar, April 16, 1614. That they did not urge any of these particular actions as Treason against me; but the result of them altogether amounted to Treason. For answer to which, I must be bold to tell your lordships, that if no particular which is charged upon me be Treason, the result from them cannot be Treason; which will appear by these reasons following; 1. First, the result must be of the same 'nature and species with the particulars from which it rises. But it is confessed no one of the particulars are Treason: Therefore neither is the result that rises from them. And this holds in Nature, in Morality, and in Law. statute of 25 Ed. 3, was for the safety of the subject, against the manifold Treasons which variously fell upon them by the common law; and bounded all Treasons, and limited them to the things expressed to be Treason in and by that statute. And in all times of difficulty since, recourse hath still been had to that statute: and to that statute I refer myself, with this; That this result must be something within this statute, or some other known sta 'tute, or else it cannot be treason: and no proof at all hath been so much as offered, that this result is treason by any law.-My 'Lords, I do with all humble submission desire, that when the Reply is made to this Matter of Fact, a day may be assigned for my 'counsel to be heard in Matter of Law, in all and every particular which they shall find necessary for my just defence. In Law it is so too; For be there never so many particular crimes, yet there is no law in this kingdom, nor any where else that I know, that makes a result of different crimes to be 'Treason, where none of the particulars are Treason by law. So this imaginary result is a monster in Nature, in Morality, and in Law; and if it be nourished, will devour all 'the safety of the subject of England, which 6 now stands so well fenced by the known law of the land. And therefore I humbly desire your lordships, not for mine, but for the public's sake, to weigh this business well, before this gap be made so wide, as there will hardly be power left again to shut it. 2. My second Reason is joined to the Answer of an Objection: For when this result was spoken of, it was added, that the parti'culars charged against me, are of the same kind, and do all tend to the Subversion of 'Law and Religion, and so become Treason. But, first, suppose that all the particulars charged, do tend to the Subversion of law, yet that cannot make them to be all of one kind: for all crimes tend more or less to the overthrow of virtue; yet no man can say, that all crimes are of the same kind. Secondly, be they of the same, or different kinds; yet 'neither all, nor any of these charged against 'ne, do tend to the subversion of the law: for it is one thing to break, dislike or speak against some particular laws, and quite ano'ther to labour the subversion of the whole body of the law, and the frame of govern'ment. And that I have done this by conspiracy, force, or any overt action, is not so 'much as offered in proof: and for the breach ' of any particular law, if I be guilty, I am to be punished, by the sanction of that law which I have broken. 3. Thirdly, Whereas it hath been said, That many Actions of the same kind make a Habit: that is true: but what then? For, 'first, the actions urged against me are not of the same kind, but exceeding different. Secondly, if the habit be treasonable, then all those particular actions which bred that habit, must be several Treasons, as well as the result or habit itself; whereas it hath been 'granted all along, that my particular actions are not Treasons. And, thirdly, a habit in itself, neither is nor can be Treason; for all Treason is either Thought, Word or Overt'Act; but no habit is either of these, therefore not Treason. For a habit is that in the soul which inclines the powers of it, and makes a man apt and ready to think, speak, or do that to which he is habituated. [Tho. 1. 2 æ. q. 50. A. 5]. So an ill habit against Sovereign Power, may make a man apt and forward to 'fall into Treason; but Treason it is not. 4. Fourthly, Nor can this result be Treason at the common law, by which alone, I con'ceive, there is no Treason at all this day in 'England: for the main end of that excellent 6 And now, my Lords, I do in all humility lay myself low at God's Mercy-seat, to do with me as he pleases; and under God, I 'shall rely upon your lordships justice, honour, and clemency, of which I cannot doubt. And without being farther tedious to your lordships, who have with very honourable patience heard me through this long and tedious Trial, 'I shall conclude with that which St. Augustine said to Romanianus, a man that had 'tried both fortunes as well as I: "If the Pro'vidence of God reaches down to us, as most 'certain it doth, Sic tecum agi oportet, sicut agitur: It must so be done with thee, and so with me also, as it is done. And under 'that Providence, which will, I doubt not, work to the best to my soul that loves God, 'I repose myself.' On Wednesday, Sept. 11, Mr. Browne made in the Lords House a Sum or Brief of the Charge which was brought against me, and touched, by the way, at some things in my Recapitulation. But in regard I might not answer him, I took no perfect notes, but stood still, and possessed my soul in patience; yet wondering at the bold, free, frequent, and most false swearing that had been against me. When Mr. Browne had ended, I humbly desired again, that my counsel might be heard in point of law. And they were hereupon ordered to deliver in writing under their hands, what points of law they would insist upon, and that by Saturday, Sept. 14. This day my counsel, according as they were ordered, delivered into the Lords House these two Points following, by way of question: 1. Whether in all, or any of the Articles charged against me, there be contained any Treason by the established laws of this kingdom? 2. Whether the Charge of the said Impeachment and Articles, did contain such certainty and parti-happy laws, many years since enacted and con- firmed by several parliaments, to be the boun- My Counsel's Queries having been formerly sent down to the house of commons, they were there referred to a committee of lawyers to consider of: and on Friday, Sept. 27, they were earnestly called upon to hasten their Report. And on Friday, Oct. 4, Mr. Nicolas made a great noise about me in the house, and would have had me presently censured in the house; and no less would serve his turn, but that I must be hanged; and was at Sus. per Coll, till upon the reasons before given, that if they went on this way, they must condemn me unheard: this violent clamour ceased for that time. And a Message was sent up to the lords "The Charge against him, we find to be for my counsel to be heard, as touching the made up of two several parcels of Articles, exfirst Question concerning Treason; but not hibited by the honourable house of commons. concerning any Exception that they shall take 1. The first, In maintenance of their Accuagainst the Articles in point of certainty. This sation, whereby he stands charged with High Message the lords took into present considera-Treason. 2. The latter, entitled, ‹ Farther tion, and ordered it accordingly and ap- 'Articles of Impeachment of High-Treason, and pointed the Friday following, being Oct. 11, divers High Crimes and Misdemeanours; for for my counsel to be heard, and myself to be all which matters and things they have impresent. 'peached him of High-Treason, and other High Crimes and Misdemeanors, tending to 'the subversion of religion, laws and liberties, ' and to the utter ruin of this church and com 'mon-wealth.' 6 This day, according to this Order of the Lords, I and my counsel attended. My counsel were Mr. Herne and Mr. Hale of Lincoln'sinn, and Mr. Gerard of Gray's-inn. When we were called into the house, and the lords settled bishop's Detence he hitherto made before your Concerning this Charge, and the Archin their places, Mr. John Herne, who was the lordships, we, by your lordships command asman that spake what all had resolved on, designed his counsel, neither have nor could, by livered his Argument very freely and stoutly, proving that nothing which I have either said or done according to this charge, is Treason, by any known established law of this kingdom. The Argument follows in these words, according to the Copy which Mr. Herne himself delivered me: t "My Lords; The work of this day, we humbly conceive, is in many respects of very great and high concernment. 1. In that it concerns Datter of life, a thing of the highest consequence. 2. The life of an Archbishop, a person who had attained the highest dignity conferred in the Church of England. 3. Those reason of the mixed Charge, without distin "We have not in all or any the facts charg- "What Defence he hath offered hitherto, hath been wholly his own; he without us in * "The Lord Chancellor Finch told me, that, and we without consulting him in the that this Argument was not Mr. Herne's, though work of this day. Wherein, having received he pronounced it, for he could not argue; but your lordships commands, we did present in it was Mr. Hale's, afterwards Lord Chief Jus-writing the Points in Law we then humbly tice. And he said farther, that being then a conceived fit for us to insist upon. young lawyer, he stood behind Mr. Herne, when be spoke at the bar of the lords house, and took Notes of it; and that it will be published among his Reports." W. S. A. C. I. "Whether in all, or any the Articles Treason by the established laws of this king. charged against him, there was contained any dom. †There is, in the Lambeth Collection, a second Copy of "The Defence made in the II. "Whether the Charge of the said Im"House of Lords by John Herne, esq. on the peachment and Articles, did contain such cer"behalf of William Laud, Archbishop of Can-tainty and particularity, as is required by law "terbury." in a case where Treason is charged. VOL. IV. 2 P ་ |