A Memorial Offered to John Williams, Part of biography 1 · Letter 1 – Letter 6
My moſt Noble Lord,
MY moſt humble Duty, and all due Reſpects, remembred. I have at the laſt according to His Majeſties Intimation, and your Lordſhip's, made up for my Ladies private Uſe a little Stock, as it were, in Divinity, and divided the ſame into three ſmall Treatiſes. The firſt, to furniſh her how to ſpeak unto God by Invocation. The ſecond, how to ſpeak unto her ſelf by Meditation. And the third, how to ſpeak unto thoſe Romaniſts, that ſhall oppoſe her, by way of Anſwer and Satisfaction. Prayers are the moſt neceſſary for the obtaining, Principles for the augmenting, and Reſolutions (in theſe days) for the defending of her Faith and Profeſſion. I held theſe three, (in ſome ſort) and more I held not, to have been neceſſary. The Prayers I have Tranſlated from ancient Writers, that her Ladyſhip may ſee, we have not coyned a new Worſhip, or Service of God. Of the reſt, I received my beſt Grounds from His Majeſty, and ſuch as, I proteſt faithfully I never could read the like in any Author for mine own ſatisfaction. If I be out in my Deſcant upon them, I hope your Lordſhip will the rather pardon it, becauſe the Book is but private, whereof 20 Copies only are imprinted, and as many of them to be ſuppreſſed, as your Honour ſhall not command and uſe. I make bold to ſend theſe Books to your Lordſhip, becauſe I hope they will be more welcom and acceptable to both the great Ladies, coming immediately from your Honour. I humbly thank your Honour for affording me this occaſion, to do your Lordſhip any little Service, who am in all affectionate Prayers, and beſt Devotion,
Your Honour's true Creature and Beadſman, JOHN WILLIAMS. From Your College at Weſtminſter this 28th ofNovember, 1620.
53. I perceive by the Date of this Letter, that the Book was printed ſix months after it was beſpoken, which could not be help'd, becauſe the Author was taken up almoſt all that Summer in making a progreſs to ſurvey the Lands of the College of Weſtminſter, whereof he was become Dean by the Lord Marqueſs's Favour, and Inſtalled July 12. 1620. Dr. Tolſon, who preceded, a man of ſingular Piety, Eloquence, and Humility, in the March before had the Approbation of the King, and the Congratulation of good Men for the Biſhoprick of Salisbury. The Deanery to be vacated, had many that longed for it; a fortunate Seat, and near the Court: Like the Office over the King of Perſia's Garden at Babylon, which was ſtored with his moſt delicious Fruits; Hortus ille nunquam niſi dominantis in Aulâ fuit, ſays Pliny, lib. 1…. c. 4. He that was truſted with that Garden, was the Lord of the Palace. This Preferment had ever been confer'd by the nomination of him that was Steward of the College and City of Weſtminſter. The Lord Treaſurer Burleigh, the Earl of Salisbury his Son, the Earl of Somerſet, and the Lord Marqueſs, bearing the Office at the preſent, had been the conſtant Patrons of it. Therefore it was requiſite, it being now to be confer'd, to take it from his Lordſhip's hand. Whom the Doctor ſolicited with no more then this ſhort Letter, Dated March 12. 1619.
My moſt Noble Lord,
I Am an humble Suitor, firſt, to be acknowledged your Servant; and then that I may be nearer and better able to perform my Deſires, to be by your happy Hand tranſplanted from Salisbury to Weſtminſter, if that Deanery ſhall prove vacant. I trouble not your Honour for Profit, but only for Conveniency; for being Unmarried, and inclining ſo to continue, I do find that Weſtminſter is fitter by much for that diſpoſition. And mine own, nothing inferior in value, will be at His Majeſties Collation. If your Honour be not bent upon an ancienter Servant, I beſeech you think upon me. I am true, and ſo reputed by my former, and by the grace of God will prove no otherwiſe to my ſecond Maſter. God in Heaven bleſs you, as he hath began. He prays it, who is,
Your Honour's poor Beadſman already ever bound, J. W.
I obſerve, out of theſe Lines, a Precedent for Suitors and Candidates of Eccleſiaſtical Promotions, that he neither extorted his Place by Importunity, nor invaded it by Impudency, nor lick'd it out of the Duſt by Flattery, nor bargain'd for it by Simony, or the mollifying Term of Gratuity; in a word, he did not diſhoneſt himſelf for it with any Indignity. He carried it as he wiſh'd, not being griple of Profit, as he confeſſed, but fond of Convenience. He was Vir palmavius: And Pliny ſays of the Palm-Trees, Gaudent mutatione ſedis, they take Liking to be removed from Soil to Soil. The Righteous carry branches of Palm before the Lamb, Rev. 7.9. And their good Works do follow them, Rev. 14.13. I truſt, and do verily believe, that he is among thoſe Palmers now in the Church Triumphant, who did ſo many worthy Things for that Religious Foundation precious in the Eyes of the Lord. For my own part, I take no little Joy to recount, that this College was ſo happy in ſuch a Man, and the Liberty of that City in ſuch a Governor. It was the Soil of my Birth, and my Breeding. There I ſerv'd this good Maſter, when I came out of the Univerſity firſt into the World, there he paid me my Wages, my Livelihood, which, with God's Bleſſing, I owe to him alone. A lucky ſpot of Ground to me. I crave leave to ſet up this little Pillar in the place, where God appeared ſo Gracious to me, and to pour Oyl of Benediction on the top of it, as Jacob did at Rethel, Gen. 28.18. I do not aim at all to crowd in a Legend of my ſelf, as Phidias did inſert his own Picture in the Shield which he made for the Statue of Minerva. But I will ſpeak of him, whoſe Memory deſerves to be refreſh'd, for the imprints of his Goodneſs in all ſorts, and for the Braveries of his Mind, which he left behind him in that Orb.
54. His Predeceſſors (whoſe Names and Actions are not forgotten) were Men of good Report. Two above all, becauſe none were comparable to them, he caſt in his Head to imitate, Abbat Iſlip, and Dr. Andrews Dr. Andrews for advancing Learning in the School, Abbat Iſlip for his Coſt expended upon the Fabric of the Minſter, and the Dean's place. I diſpoſe it ſo, to mention firſt what a Foſter-Father he was to the Scholars, becauſe himſelf proceeded to greater Deſignments by that Order. He had heard much what Pains Dr. Andrews did take both day and night to train up the Youth bred in the public School, chiefly the Alumni of the College ſo called. For more certain Information, he called me from Cambridge in the May before he was Inſtalled, to the Houſe of his dear Couſin Mr. Elwis Winn in Chancery-Lane, a Clerk of the Petty-Bag, a Man of the moſt general and gracious Acquaintance with all the great Ones of the Land that ever I knew. There he moved his Queſtions to me about the Diſcipline of Dr. Andrews. I told him how ſtrict that excellent Man was, to charge our Maſters, that they ſhould give us Leſſons out of none but the moſt Claſſical Authors; that he did often ſupply the Place both of Head School-maſter and Uſher for the ſpace of an whole week together, and gave us not an hour of Loitering time from morning to night. How he cauſed our Exerciſes in Proſe and Verſe to be brought to him, to examine our Style and Proficiency. That he never walk'd to Cheſwick for his Recreation, without a brace of this young Fry; and in that way-faring Leiſure, had a ſingular dexterity to fill thoſe narrow Veſſels with a Funnel. And, which was the greateſt burden of his Toil, ſometimes thrice in a week, ſometimes oftner, he ſent for the uppermoſt Scholars to his Lodgings at night, and kept them with him from eight till eleven, unfolding to them the beſt Rudiments of the Greek Tongue, and the Elements of the Hebrew Grammar, and all this he did to Boys without any compulſion of Correction; nay, I never heard him utter ſo much as a word of Auſterity among us. Alas! this is but an Ivy-Leaf crept into the Laurel of his Immortal Garland. This is that Andrews, the Ointment of whoſe Name is ſweeter then all Spices, Cam. 4.10. This is that celebrated Biſhop of Winton, whoſe Learning King James admired above all his Chaplains; and that King, being of moſt excellent Parts himſelf, could the better diſcover what was Eminent in another. Indeed he was the moſt Apoſtolical and Primitive-like Divine, in my Opinion, that wore a Rochet in his Age; of a moſt venerable Gravity, and yet moſt ſweet in all Commerce; the moſt Devout that ever I ſaw, when he appeared before God; of ſuch a Growth in all kind of Learning, that very able Clerks were of a low Stature to him: Coloſſus inter icunculas; full of Alms and Charity; of which none knew but his Father in ſecret: A certain Patron to Scholars of Fame and Ability, and chiefly to thoſe that never expected it. In the Pulpit an Homer among Preachers, and may fitly be ſet forth in Quintilian's Judgment of Homer; Nonne humani ingenii modum exceſſit? Ut magni ſit viri virtutes ejus non aemulaticne (quod fieri non poteſt) ſed intellectu ſequi. I am tranſported even as in a Rapture to make this Digreſſion: For who could come near the Shrine of ſuch a Saint, and not offer up a few Grains of Glory upon it? Or how durſt I omit it? For he was the firſt that planted me in my tender Studies, and water'd them continually with his Bounty. The Occaſion that brings in this, was the new Dean's addition to his Pattern, that looking into ſuch a Mirror, he might keep up the Learning of that happy Plantation, that it might never hear worſe, then as Mr. Camden teſtifies for it, Felix eruditorum in Eccleſiam & Rempublicam proventus. Eliz. p. 61. Fol. In his Zeal to this Work, as ſoon as he was poſſeſs'd of the Deanery, he was aſſiduous in the School, and miſs'd not ſometimes every week, if he were reſident in the College, both to dictate Lectures to the ſeveral Claſſes, and to take account of them. The choiceſt Wits had never ſuch Encouragement for Praiſe, and Reward. He was very Bountiful in both, and they went always together, ſcattering Money, as if it had been but Dung to manure their Induſtry. And ſeldom he did fail, no not when he kept the Great-Seal, to call forth ſome of them to ſtand before him at his Table, that in thoſe intervals of beſt Opportunity he might have account of their Towardlineſs; which ripen'd them ſo faſt, made them ſo Prompt and Ingenuous, that the number of the Promoted to the Univerſities, which ſwarm'd out of that Stock, was double for the moſt part to thoſe that were Tranſplanted in the foregoing Elections.
55. Theſe were the firſt Fruits of his Care. In tenut labor, at tenuts non glovia: Virg. Georg. 4. The Buildings of Abbat Iſlip, Monuments of a great worth, were the next Object of his Emulation. That wife and holy Man was the Lord Abbat over the Benedictine Monks, who profeſs'd their Vows within thoſe Cloyſfers in the Glorious Reign of King Henry the Seventh. The Abbat was a Privy-Counſellor, and, for his Fidelity and Prudence, was one of the Executors to the King his Maſter by his Laſt Will and Teſtament. The Structure of the Abby was left imperfect from the Reign of King Henry the Third, who had been very Sumptuous in advancing the Workmanſhip from the Altar to the lower-end of the Quire: From his Death, that ſtately Pile of Building had look'd for ſome to help, and there was none that pitied it. This Abbat, a devout Servant of Chriſt, and of a wakeful Conſcience, conſidered the Office he bore, how he was the Chief who had that Houſe of God in poſſeſſion. Therefore he enlarged the length of the Church at his own Coſt, from the entring in of the Quire, or thereabout, to the Weſt-Gate that looks towards Tuttle-ſtreet; and contrived the Lodgings with ſtrength and handſomneſs at the South-end, which, after the Change made in King Henry the Eighth's Reign, received the Dean and his Retinue. But Eternal Fame doth beſt ſhine upon his Memory in the Riſing-Sun, or upon the Eaſtern part. There this Abbat, and John Fiſher Biſhop of Rocheſter, (the Executor to King Henry the Seventh joyned with him) laid out ſuch Sums of Money, as that King had appointed for the Noble Enterring of his own Body and his Queens, with the Stems of their Royal Line, and none other. Theſe two, like men of faithful and large Minds, built the Chappel, next behind the Chappel of Edward the Confeſſor, called by King Henry the Seventh's Name, which nothing can ſurmount for Coſt and Curioſity. There they ſet up his Monument in a Brazen Impalement, which looks like the Work, not of our Moderns, but of Bezaleel. Now, though not the Soul, yet the Piety and Liberality of the Abbat to this Domo, came into Dr. Williams by Tranſmigration; who, in his entrance to that place, found the Church in ſuch decay, that all that paſſed by, and loved the Honour of God's Houſe, ſhook their Heads at the Stones that drop'd down from the Pinacles. Therefore that the Ruines of it might be no more a Reproach, this Godly Jehoiada took care for the Temple of the Lord to repair it, to ſet it in his ſtate, and to ſtrengthen it, a Chren. 4.3. He began at the South-eaſt part, which looked the more deformed with decay, becauſe it coupled with a latter Building. I mean the Chappel of King Henry the Seventh, which was tight and freſh. The North-weſt part alſo, which looks to the great Sanctuary, was far gone in Dilapidations: The great Buttreſſes were almoſt crumbled to Duſt with the Injuries of the Weather; which he re-edified with durable Materials, and beautified with elegant Statues, (among whom Abbat Iſlip had a place) ſo that 4500 Pounds were ſpent in a trice upon the Workmanſhip. All this was his own Coſt. Neither would he Impatronize his Name to the Credit of that Work, which ſhould be raiſed up by other men's collatitious Liberality, like Laonicus in Caſtilio his Courier, Lib. 4. Vide quàm liberalis ſit, qui non ſua ſolùm ſed etiam aliena largiatur. I do not expect that the Sacrilegious of our Times ſhould commend him for disburſing ſo much upon a Building of Sacred Uſe; who either make no difference between Holy and Prophane, or Tender Prophane, and Common Things before the Holy. Never in the days of old was ſo much ſpent in private Buildings: Enough is Erected upon new Foundations in the Skirts of London, to make two large and beautiful Cities: Yet we ſuffer all our Cathedrals of egregious Piety, and ſtupendious Bravery, to run to a general Decay, which is all one as to put hands to their Demoliſhment. What Chriſtians would not tremble to ſee their Rubbiſh riſe up in Judgment againſt them? I appeal to found Judgment, whether in an Heatheniſh, but a Civil Republic, the Aedils of Rome would not have ſaved ſuch Structures from Ruine at the public Charge? But I am indifferent to appeal to any man, ſound or corrupt againſt Art. Will. in his Hiſtory, p. 191. who nibbles at the good Name of the magnificent Dean upon his magnificent Church-works, becauſe he could not bite it. For this is his Cenſure: Theſe Works were Arguments of a great Mind, but how far from Oſtentation in this frail body of Fleſh, cannot be determined. Such ſuſpicious and ungrounded Glances diſcover more Rancor then direct Contumelies; for which, Macrobius hath a pretty Simile, Lib. 7. c. 3. Hami anguloſi, quam directi mucrones tenacius infiguntur. Ill-favoured Suſpicion is like a crooked Hook, where it enters it will ſtick in the Fleſh, though it make but a little wound. But thus he ſerves King James and all his Courtiers, of both Sexes, of all Profeſſions, pelts them all along with rotten Surmiſes, or palpable Untruths. I will fit him with Spalatenſis his Judgment upon Baronius the great Annaliſt, who was Squint-eyed, Omnia regum facta non rectis ſed contortis oculis intuetur, Lib. 7. c. 9. In all his Volumes he ſquinted at the famous Actions of Kings and Princes.
56. For their further ſatisfaction, who will judge of good Works by Viſions, and not by Dreams, I will caſt up in a true Audite other Deeds of no ſmall reckoning, conducing greatly to the Welfare of that College, Church, and Liberty, wherein Piety and Beneficence were Relucent in deſpight of Jealouſies. Firſt, that God might be praiſed with a chearful Noiſe in his Sanctuary, he procured the ſweeteſt Muſic, both for the Organ, and for the Voices of all Parts, … was heard in an Engliſh Quire. In thoſe days that Abby, and Jeruſalem-Chamber where he gave Entertainment to his Friends, were the Volaries of the choiceſt Singers that the Land had bred. The greateſt Maſters of that delightful Faculty frequented him above all others, and were never nice to ſerve him: And ſome of the moſt Famous yet living will confeſs, he was never nice to reward them; a Lover could not court his Miſtreſs with more prodigal effuſion of Gifts. With the ſame Generoſity and ſtrong propenſion of mind to enlarge the Boundaries of Learning, he converted a waſt Room, ſcituate in the Eaſt ſide of the Cloyſters into Plato's Portico, into a goodly Librarary, model'd it into decent Shape, furniſhed it with Desks and Chains, accoutred it with all Utenſils, and ſlored it with a vaſt Number of Learned Volumes: For which uſe he lighted moſt fortunately upon the Study of that Learned Gentleman Mr. Baker of Highgate, who in a long and induſtrious Life had Collected into his own poſſeſſion the beſt Authors in all Sciences, in their beſt Editions, which being bought at 500 l. (a cheap Peny worth for ſuch precious War) were removed into this Store-Houſe. When he received Thanks from all the profeſſors of Learning in and about London far beyond his expectation, becauſe they had free admirtance to ſuch Hony from the Flowers of ſuch a Garden, as they wanted before, it compell'd him to unlock his Cabinet of Jewels, and bring forth his choiceſt Manuſcripts. A Right Noble Gift in all the Books he gave to this Serapaeum, but eſpecially the Parchments. Some good Authors were confer'd by other Benefactors, but the richeſt Fruit was ſhaken from the Boughs of this one Tree, which will keep Green in an unfading Memory in deſpite of the Tempeſt of Iniquity. As Pliny the younger wrote in an Epiſtle upon the Death of his Son, quatenus nobis denegatur diu vivere, relinquamus aliquid quo nos vixiſſe teſtemur; ſo this Work will bear Witneſs to Poſterity, that he liv'd, and that he liv'd beneficently. I borrow that aſſurance from honour'd Mr. Selden in his Epiſtle before the Hiſtory of Eadmerus Dedicated to the Founder of this Library, to whom he writes in theſe Words; Egregius peritiſſimuſ que literarum cenſor, & fautor indulgentiſſimus & audis, & verè es. Quippe qui Doctrinam ſuo merito indies cupientiſſimus honeſtas: Et ſumptuoſam in ſtruendis publico uſui Bibliothecis operam impendis. Praemium ita ſtudioſis & armarium etiam ſine exemplo ſolicitus parandi. Yet what an ill requital did theſe unthankful times make him, when they removed that worthy Scholar, the Bibliothecary whom he had placed, Mr. Richard Gouland? whom he pick'd out above all men for that Office, being inferiour to none in the knowledg of good Authors, Superiour to any for Fidelity and Diligence of ſo mortified a Life, that he could ſcandalize none but with Innocency and Piety; nor offend any but by Meekneſs, and Inoffenſiveneſs. Such times, ſuch Fruits; for as Antoninus the Emperor ſays, lib. 12. foreign, He is mad that looks for Figgs upon the Tree in Winter. I cannot end with the Erection of this Library. I have but almoſt done. For this Dean gratified the College with many other Benefits. When he came to look into the State of the Houſe, he found it in a Debt of 300 l. by the Hoſpitality of the Table. It had then a Brotherhood of moſt worthy Prebendaries, Moumford, Sutton, Laud, Caeſar, Robinſon, Dorrel, Fox, King, Newel and the reſt; but ancient frugal Diet was laid aſide in all places; and the prizes of Proviſions in leſs than fifteen years were doubled in all Markets: By which enhancements the Debt was contracted, and by him diſcharg'd. Not long after, to the Number of the forty Scholars, the Alumni of Queen Elizabeth's Foundation anno 1560. he added four more, diſtinguiſh'd from the reſt in their Habit of Violet Colour'd Gowns, for whoſe maintenance he purchaſed Lands. Theſe were Adopted Children, and in this divers from the Natural Children, that the place to which they are removed, when they deſerve it by their Learning, is St. John's College in Cambridge, of whom more hereafter. And in thoſe days, when good Turns were received with the Right Hand, Cabal. pag. 69.it was Eſteemed among the praiſes of a Stout and Vigilant Dean, that whereas a great Limb of the Liberties of the City was threatned to be cut off by the Encroachments of the higher Power of the Lord Steward of the Kings Houſhold, and the Knight Marſhal with his Tip-Staves, he ſtood up againſt them with a wife and a confident Spirit, and would take no compoſition to let them ſhare in thoſe Priviledges, which by right they never had, but preſerv'd the Charter of his place in its entire Juriſdiction, and laudable Immunities.
57 As the place was moſt Fortunate in him, ſo it come now to be ſhewn that he was moſt Fortunate in that place. That which was the Lodging of a Dean, became in the current of one year, the Houſe of the Lord Keeper of the Great Seal, and the …lace of the Biſhop of Lincoln. Ab eo Magiſtratu alium poſt alium ſibi peperit; ſemper que in poteſtatibus eo modo agitabat, ut amplioris quàm gerebat dignns haberetur; Words as fit for this Man, as Saluſt made them for C. Marius. The Occaſion of his ſudden Riſing was wondred at, becauſe known to few. And they that were buſie in the ſearch did not find it; albeit it had done him Credit, that received the Honour. Works that deſerve well, deſerve the better, when they are wrapt up in Silence, till Prudence chooſeth the beſt time to diſcloſe them. When the Apoſtles had ſeen the Glory of our Lord Transfigur'd in the Mount. they were commanded Secrecy to Tell the Viſion to no Man, till the Son of Man was Riſen from the Dead, Math. 17.9. Let diſcretion then be my Warrant to give ſome State-Occurrencies liberty to go abroad, which were confined upon good Reaſon to the Kings Cabinet in their Minority; Nam foreign ille tempus eſt ipſum temporis. Jul. Seal. On Jan. 30. 1620. the King met with the Lords and Commons in the High Court of Parliament: The like Aſſembly convened anno 1613. had given unkindneſs to the King, ſo that Parliaments had been diſuſed for ſeven years. The unkindneſs ſo deeply taken was chiefly from hence, that the greateſt part of the Houſe of Commons gave willing Audience to thoſe Zealots, who would admit no buſineſs into Treaty, till they had made their paſſionate Complaints, That Popery was ſuffered to increaſe without Care and Controlement, His Majeſty knowing it to be a ſcandalous Untruth, which blemiſhed him in the good Opinion of his People, and the contrary ſo well known at home and abroad, that himſelf with his own Pen had cut the Head of that Superſtition, to the admiration of all the World. Yet the Clamour being more ſtoutly than wiſely maintain'd by the Undertakers, it reached to this prejudice, or rather miſchief, that the King bethought him that all their Grievances (and they were many) were as groundleſs as this, and that the Proponents were not to be conſulted with for the Publick Weal, and ſo Diſſolv'd them. Generally the Grave and Moderate Gentry throughout the Realm diſlike thoſe hot Diſtempers, which wrought ſo high in the Houſe of Commons: Yet were not ſatisfied with their abrupt Receſs. Such Phyſick is too Violent for the Body, and naught for the Head. For the Unruly ſhall leſs offend in their Houſe, than when they go home, and exaggerate Reports of Miſgovernment among their Neighbours. And that Monarch ſooths himſelf in Error, that thinks he will cloſe up the Wound of ſuch a Breach with a Lip-Salve of a Proteſtation; or by ſome Declaration that he will Redreſs Grievances by himſelf and by his Judges, without troubling his Lord and Commons. For it is ingrafted into the people, not to account any thing for Reformation, unleſs the Workmen, whom themſelves have choſen, do mend the decays of the great Building.
58 It is much that a King of great Experience, and ſo full a Soul did diſcern this no ſooner; at laſt he came to it: And after ſeven years Pauſe, he was deſirous to try the good Temper of another Parliament. It was high time for many Reſpects. Let not two among many be forgotten. Firſt he lacked Mony, and being ſo profuſe in Gifts, he had lacked ſooner, it the Cuſtom-Houſe had not ſupported the Exchequer. In ten years he had not he Received one Subſidy, a very long time to live like a Shell-Fiſh upon his own Moiſture, without any publick Supply; which truly he deſerv'd as much, or above his Predeceſſors. For the Kingdom, ſince his Reign began, was Luxuriant in Gold and Silver far above the ſcant of our Fathers that liv'd before us. Only the King wanted, who bred all the Plenty: It was dry upon the Fleece only, and there was Dew on all the ground; Jud. 6.40. Beſides, thoſe Princes ſhould be chearfully ſupplied, whoſe Wiſdom procures us ſafety and quiet by Treaties, rather than by Effuſion of Blood. For as Or ſins ſays well lib. 5. Hiſt. Tributum pretium pacis eſt, What is Tribute? but a Debt duly paid to Princes for enjoyment of Peace. Secondly, and far above Mony, the King deſired to cloſe with his people in ſuch a ſtrein of mutual good liking, as might give him high Reputation in all Countries, wherein he did negotiate by his Miniſters. A courſe that hath a long Span of forecaſt in it. For a good Correſpondence with all the Heads of the people, is a Sign of the general Love of the Realm. And a King that is beloved at home, will be dreaded abroad. The Houſe of Auſtria, to whom he had ſent often for the Reſtitution of the Palatinat, which they had invaded, was ſo great in its own Opinion, that where they Treated, nothing came from them, but that which was faſtidious and inſolent. As at this time the King of Spain would deign to grant Peace to the States of the United Provinces, not unleſs upon conditions unſupportable; which were theſe four. Firſt to acknowledge him for their Patron and Protector. Secondly, To recal their Fleets and Merchants out of the Eaſt and Weſt Indies, ſurrendring what they had in either unto him, and to Trade in thoſe Parts no more. Thirdly, To permit the Roman Catholics free uſe of Religion in all their Provinces, with Churches and maintenance. Fourthly, To open the Channel of free Navigation between Zealand and Antworp. They that would demand no leſs for their Friendſhip, where they had not one Foot of poſſeſſion, were like to vex them with more lofty Bravadoes and Grandiloquence, in whoſe Territories their Armies had been moſt proſperous, through breach of Promiſes. Therefore our King was provident to fill himſelf with his juſt dimenſions, like the Praepotent Monarch of Great Britain, fortified with the Concord and Affections of his Parliament, that by his Ambaſſadors employ'd to prevent the Fears, the Miſeries and Oppreſſions of War, he might not beg but demand: He might not crave but poſtulate his Childrens Inheritance.
59. I could not ſpare theſe Premiſes for the Illuſtration of the ſequel. The Parliament began to ſit, whoſe bearing was dutiful to the King, but quick and minatory againſt ſome vile perſons, who had ſpoil'd the people by illegal oppreſſions. Theſe were Canker-worms, Harpies, Projectors, who between the eaſineſs of the Lord Marqueſs to procure, and the readineſs of the Lord Chancellor Bacon to comply, had obtain'd Patent Commiſſions for latent Knaveries; which Exorbitancies, being countenanc'd in the Court, were grown too ſtrong for any Juſtice but the Parliaments to root them up. There the Appeals of the vexed Subject were heard, more like to Out-cries than Complaints; which fell thick upon Sir Gyles Mompeſſon, and Sir Francis Michel, for Fines and Levies raiſed upon Inns and Ale-houſes, Arbitrary impoſitions, and a Preſident dangerous to ſpread even to Shops and Ware-houſes. Others remonſtrated againſt a pack of Cheaters, who procured the Monopoly of Gold-thread, which with their ſpinning was palpably corrupted and embaſed. Theſe Gilt Flies were the bolder, becauſe Sir Edward Villers, half Brother to the Lord Marqueſs, was in their Indenture of Aſſociation, though not Named in their Patent. A Gentleman both Religious and true hearted to good ways, who was enſnared by crafty Merchants; and ſo far excus'd, that after ſtrict enquiry, when this Adulterate Ware came to the Teſt, it appear'd that he knew not of the Juggling of the Patentees, who drew on grievances with Threads of Vanity, and Scandal upon the Chief Government with Cords of Iniquity. Together with theſe Vermin (and much more than theſe) the Lord Chancellor was queſtion'd, and without pity to his Excellent Parts) the Caſtle of Munera (as I borrow it from Mr. Spenſer's Divine Wit) muſt be quite defaced. Monopolies and Briberies were beaten upon the Anvile every Day, almoſt every Hour. The obnoxious that were brought to the Bar of Juſtice, with a multitude that feared to be in as ill condition, ſaw no way for ſafety, but to Poyſon the King with an ill Opinion of the Parliament, that it might evaporate into a Nullity. They terrifie the Lord Marqueſs, that the Grants of theſe things, which are now Baſtardized by the Knights and Burgeſſes; nay, by the Lords that envy him, were begotten by his Favour and Credit. That the Arrow of Vengeance is grazed near to himſelf, which is ſhot at his Brother. That it was time to look about him; for at the opening of that Seſſion it was much Noted, that the King had ſaid before all the Members, Spare none where you find juſt Cauſe to puniſh. And if the two Houſes ſhould ſit a year, what good could be expected from them, but two or three Subſidies? That it were leſs danger for the King to gather ſuch a Sum, or greater, by his Prerogative, though it be out of the way; than to wait for the exhibition of a little Mony, which will coſt Diſhonour, and the Ruin of his moſt Loyal and Faithful Servants.
60. O what a Tempting Fiend is ſelf-preſervation? Theſe Mormo's, and ill ſhap'd Jealouſies hatch'd in Hell, and prompted by the Father of miſchief, diſquieted the King, but Rob'd my Lord of Buckingham of all peace of Mind; till the Dean of Weſtminſter his good Genius, conjur'd them down; whoſe Wiſdom luckily conſulted gave him this Advice, as I find it in a Breviate of his own hand Writing. That the Parliament in all that it had hitherto undertaken, had deſerv'd praiſe, as well for their dutiful demeanor to the King, as for their Juſtice to his people. His Majeſties juſt and gracious Prerogative was untouch'd: The Grievances of all that were Wronged with indifferency were Received, which they muſt ſift, or betray the Truſt of their Country which ſent them. The former Parliament was very Tart, if not undutiful; what then? Shall we be fearful to put our hands into cold Water, becauſe we have been Scalded with hot? There's no Colour to quarrel at this general Aſſembly of the Kingdom for Tracing delinquents to their Form: For it is their proper Work. And the King hath very Nobly encourag'd them to it in his Speech that in the firſt day he made before them, nay even proffering to have the blemiſhes of his Government Reformed by them; for his own Words muſt literally bear that meaning, as you well remember them; if I may know my Errors I will Reform them. But your Lordſhip is Jealous, if the Parliament continue Embodied in this Vigour of your own ſafety, or at leaſt of your Reputation, leaſt your Name ſhould be uſed, and he brought to the Bandy, Follow this Parliament in their undertakings, and you may prevent it; Swim with the Tide, and you cannot be Drown'd. They will ſeek your favour, (if you do not ſtart from them) to help them to ſettle the public Frame, as they are contriving it. Truſt me and your other Servants, that have ſome Credit with the moſt Active Members, to keep you clear from the ſtrife of Tongues. But if you aſſiſt to break up this Parliament, being now in purſuit of Juſtice, only to ſave ſome Cormorants, who have devoured that, which muſt be regorged, you will pluck up a Sluce which will over-whelm your ſelf. The King will find it a great diſſervice before one year expire. The Storm will gather, and burſt out into a greater Tempeſt, in all inſequent Meetings. For ſucceeding Parliaments will never be Friends with thoſe, with whom the former fell out. This is Negative Counſel. I will now ſpread Affirmative Propoſals before your Honour, which I have ſtudied and conſider'd. Delay not one day, before you give your Brother Sir Edward a Commiſſion for an Embaſſage to ſome of the Princes of Germany, or the North-Lands, and diſpatch him over the Seas before he be miſt. Thoſe empty Fellows, Sir G. Mompeſſon and Sir Fr. Michel, let them be made Victims to the publick Wrath. It ſtrikes even with that Advice, which was given to Caeſar in Saluſt, when the people expected that ſome ſhould be Examples of impartial Juſtice, Lucius Poſthumins, Marcus Fauonius mihi videntur qu…ſi magnae navis ſupervacua onera eſſe; Si quid adverſi coort…m eſt, de illis pstiſſumon ſactura ſit, quia pretii minimi ſunt. Let Lord Poſthumius and M. Fauonius be thrown over board in the Storm; for there are no Wares in the Ship that may better be ſpared. Nay, my Sentence is, caſt all Monopolies and Patents of griping projections into the Dead Sea after them. I have ſearch'd the Signet Office, and have Collected almoſt forty, which I have hung in one Bracelet, and are fit for Revocation; Damn all theſe by one Proclamation, that the World may ſee, that the King, who is the Pilot that ſits at the Helm, is ready to play the pump, to eject ſuch Filth as grew Noyſom in the Noſtrils of his people. And your Lordſhip muſt needs partake in the Applauſe; for though it is known that theſe Vermin haunted your Chamber, and is much Whiſper'd, that they ſet up Trade with ſome little Licence from your Honour, yet when none ſhall appear more forward than your ſelf to cruſh them, the Diſcourſe will come about, that theſe Devices, which take ill, were ſtoln from you by Miſ-repreſentation, when you were but New bloſſom'd in Court, whoſe Deformities being Diſcover'd, you love not your own Miſtakings, but are the moſt forward to re-call them.
61. Before I proceed, though Anger be an Enemy to Counſel, I confeſs I cannot refrain to be angry; O hearken not to Rhehoboams Ear-Wigs, drive them away to the Gibbet, which they deſerve, that would incite the King to Collections of Aid, without concurrence of his Parliament. God bleſs us from thoſe Scorpions, which certainly would beget a popular Rage. An Engliſh mans Tribute comes not from the King's Exaction, but by the peoples free Oblation, out of the Mouth of their Repreſentatives. Indeed our Ancient Kings from the beginning did not receive, but impoſe Subſidies. When the Saxon Monarchs wanted Relief for repairing Caſtles, Bridges, or Military Expeditions, they Levied it at their will upon the Shires, as we may learn by ſome Names, the only Remainder of thoſe Old times, Burg-boot, Brig-boot, Hen-fan, Here-geld, Horn-geld, Danegeld, Terms that meet us every where in our Ancient Chronicles. The Normans, you may Swear, loſt nothing that came in by wonted Signory, but exacted as they ſaw Cauſe, as William the Conqueror, de Unaquâ que hidâ ſex ſolidos cepit, impoſed Six Shillings on every plowed Land, ſaith Mathew Paris. And William Ruſus had his Auxilium non lege ſtatutum, an Aid without an Act of Parliament, as Hoveden in the Life of Henry the Second. And in this manner the Norman Race ſupplied themſelves, as they needed until King John's Reign; who in his great Charter bound himſelf, and his Succeſſors to Collect no Aid, niſi per commune concilium regni, as it is in Matthew Paris. With this agrees the Old Statute of 51 Henry the Third, de tallagio non concedendo, that Subſidies ſhould not be Levied without the conſent of Parliament. Which being confirmed alſo in the 25 of Edward the Firſt, hath been inviolably obſerv'd by all the good and peaceable Kings of England to this very day. And God forbid that any other Courſe ſhould be Attempted. For this Liberty was ſettled on the Subject, with ſuch Imprecations upon the Infringers, that if they ſhould remove theſe great Land-Marks, they muſt look for Vengeance, as if Entail'd by publick Vows on them and their Poſterity. Theſe were the Deans Inſtructions, which the Lord Marqueſs received with as much Thankfulneſs as he could expreſs, and requited his Adviſer with this Complement, that he would uſe no other Counſellor hereafter to pluck him out of his plunges, for he had delivered him from Fear and Folly; and had Reſtor'd him both to a light Heart, and a ſafe Conſcience. To the King they go together forthwith with theſe Notes of honeſt Settlement, whom they found accompanied in his Chamber with the Prince, and in ſerious Diſcourſe together upon the ſame perplexities. Buckingham craves leave, That the Dean might be heard upon thoſe particulars, which he had brought in Writing; which the King Mark'd with Patience and Pleaſure. And whatſoever ſeem'd contentious or doubtful to the King's piercing Wit, the Dean improved it to the greater liking by the Solidity of his Anſwers. Whereupon the King reſolv'd to keep cloſe to every Syllable of thoſe Directions. Sir Edward Villiars was ſent abroad, and return'd not till September following. Michel and Mompeſſon received their cenſure, with a Salvo, that Mompeſſon's Lady, not guilty of his Crimes, ſhould be preſerv'd in her Honour. And, before the Month of March expir'd, Thirty ſeven Monopolies, with other ſharking Prouleries, were decry'd in one Proclamation, which return'd a Thouſand praiſes, and Ten Thouſand good prayers upon the Sovereign. Out of this Bud the Deans Advancement very ſhortly ſpread out into a blown Flower. For the King, upon this Tryal of his Wiſdom, either call'd him to him, or call'd for his Judgment in Writing, in all that he deliberated to Act, or permit, in this Seſſion of Parliament in his moſt private and cloſeſt conſultations. The more he founded his Judgment, the deeper it appear'd; ſo that his Worth was Valued at no leſs, than to be taken nearer to be a Counſellor upon all Occaſions. The Parliament wearied with long ſittings, and great pains, was content againſt the Feaſt of Eaſter to take Relaxation, and was Prorogued from the 27 of March, to the 18 of April. The Marqueſs had an Eye in it upon the Lord Chancellor, to try if time would mitigate the diſpleaſure, which in both Houſes was ſtrong againſt him. But the leiſure of three Weeks multiplied a pile of New Suggeſtions againſt him, and nothing was preſaged more certain than his downfal; which came to Ripeneſs on the third of May. On that day the Patent of his Office, with the Great Seal, was taken from him; which Seal was deliver'd to Four Commiſſioners, the Lord Treaſurer Mountagu, Duke of Lenox Lord Steward of the King's Houſhold, William Earl of Pembroke Lord Chamberlain to the King, and Thomas Earl of Arundel and Surry; with whom it reſted till the 10th of July following. In the mean time Sir James Leigh, Lord Chief Juſtice of the King's-Bench was Commiſſioned to be Speaker in the Upper Houſe; and Sir Julius Caeſar, Maſter of the Rolls, was Authorized, with certain Judges in equal power with him, to hear, diſpatch, and decree all Cauſes in the Court of Chancery.
62 The Competitors for the Office of the Great Seal were many; Sir James Leigh before mention'd, a Widower, and upon Marriage with a Lady of the Buckingham Family; Sir Henry Hobart Lord Chief Juſtice of the Common Pleas, Chancellor to the Prince, a Step to the Higher Chancellorſhip, and as fit as any man for his Learning and Integrity; which of theſe it was uncertain, but one of theſe was expected. And verily a fitter Choice could not be made, than out of the pre-eminent Profeſſors of the Common Laws, but that all Kings affect to do ſomewhat which is extraordinary, to ſhew the liberty of their power. The Earl of Arundel was thought upon, a Maſter of Reaſon, and of a great Fortune. For it was remembred upon the Death of Lord Chancellor Bromly anno 1587, That Queen Elizabeth deſigned a Peer of the Realm for his Succeſſor; Edward Earl of Rutland, whoſe Merit for ſuch a place is favour'd by Mr. Cambden, becauſe he was Juris ſcientiâ, & omni politiori literaturâ ornatiſſimus; and if his Death much bewailed, had not prevented, the Great Seal had been born before him. But the likelieſt to get up (and I may ſay he had his Foot in the Stirrup) was Sir Lionel Cranfield, Married in the kindred that brought Dignity to their Husbands; a man of no vulgar head-piece, yet ſcarce ſprinkled with the Latin Tongue. He was then Maſter of the Court of Wards, and did ſpeak to the Cauſes that were brought before him quaintly and evenly. There ſeemed to be no Let to put him in Poſſeſſion of the great vacant Office, but that the Lord Marqueſs, ſet on by the King, was upon enquiry, how profitable in a juſt way it might be to the Dignitary, and whether certain Branches of Emolument were natural to it, which by the endeavour of no ſmall ones were near to Lopping: Sir Lionel beſought the Marqueſs to be ſudden, and to Adviſe upon thoſe things with the Dean of Weſtminſter, a found man and a ready, who did not wont to clap the Shackles of delay upon a buſineſs. He being ſpoken to, to draw up in Writing what he thought of thoſe Caſes, return'd an Anſwer ſpeedily on the Tenth of May, with the beſt advantage he could foreſee to the promotion of the Maſter of the Wards: Yet it fell out croſs unto him, that the Dean woing for another, utterly beyond expectation ſped for himſelf. The Paper which he ſent to the Marqueſs hath his own Words, as they follow.
My moſt Noble Lord,
ALthó the more I Examine my ſelf, the more unable I am made to my own Judgment, to wade through any part of that great Employment, which your Honour vouchſafed to confer with me about, yet becauſe I was bred under the place, and that I am credibly inform'd my True and Noble Friend the Maſter of the Wards is willing to accept it (and if it be ſo, I hope your Lordſhip will incline that way) I do crave leave to acquaint your Honour, by way of prevention, with ſecret underminings, which will utterly overthrow all that Office, and make it beggerly and contemptible. The lawful Revenue of that Office ſtands thus or not much above at any time. In Fines certain 1300 l. per annum, or thereabout. In Fines Caſual 1250 l. or thereabout. In greater Writs 140 l. for impoſt of Wine 100 l. in all 2790. and theſe are all the true means of that great Office.
Now I am credibly inform'd, that the Lord Treaſurer begins to Entitle the King to to the caſual Fines, and the greater Writs; which is a full Moiety of the profits of the place; not ſo much to Enrich the King, as to draw Griſt to his own Mill; and to wind from the Chancellor the donation of the Curſitors places. The preventing the Lord Treaſurers in theſe Caſes, made Queen Elizabeth ever Reſolve ſuddenly upon the diſpoſing of the Great Seal. Likewiſe they are very buſie in the Houſe of Commons (and I ſaw a Bill which is put up to that Effect) to ſettle the Cuſtodes Rotulorum, and the Clerks of the Peace for Term of Life upon the Perſons, who now poſſeſs them; which as it is inconvenient, ſo it is very prejudicial, and derogating from the next Lord Chancellor. Finally the Under-Officers do alſo Petition unto the Lords, not without Encouragement, to have ſome Collops out of the Lord Chancellors Fees; and New Devices will daily ſpring up, if the diſpoſing be delayed any longer. Now I hope when your Lordſhip ſhall uſe this Information, to let the King ſee it, that you will excuſe me for the boldneſs that I am put upon by your great Commands. The Lord Marqueſs being not a little Ambitious to preſent the King with Works of the Brain ſtrongly wrought, and well carded, offered this Paper to his Majeſty from the Dean of Weſtminſter, when the Ink was ſcarce dry, which cauſed this unlook'd for ſaying from the King, You Name divers to me to be my Chancellor. Queen Elizabeth after the Death of Sir Chriſtopher Hatton was inclined in her own Judgment, that the good man Arch-Biſhop Whitgift ſhould take the place, who modeſtly refus'd it, becauſe of his great Age, and the whole multitude of Eccleſiaſtical Affairs lying upon his Shoulders. Yet Whitgift knew not the half that this Man doth in Reference to this Office. The Lord Marqueſs the leſs he look'd for thoſe Words, the more he lik'd them, and Replied extempore; Sir I am a Suitor for none, but for him that is ſo capable of the Place in your great judgment. Be you ſatisfied then, ſays the King, I think I ſhall ſeek no further. The Lord Marqueſs, impotent to contain his Gladneſs, ſent a blind Meſſage to the Dean immediately, That the King had a Preferment in the Deck for him. He nothing aware of what the King had ſpoken in deſign to the Dignity of keeping the Great-Seal, miſtook the Meſſage to be meant of the Biſhopric of London, now wanting a ſit Prelate, by the Death of him that was moſt fit while he lived, Dr. King, whoſe Soul Heaven received Mar. 30. In proſpect whereof, the Dean was a Suitor before. But it hapned to him as Velleius ſaid of Scipio AEmilianus, AEdilitatem petens, Conſul creatus eſt; He ſued for the Edileſhip, and becauſe that was too little, he was made a Conſul. This is the very manner, as faithfully digeſted as any Hiſtory can be contexed, how this Preeminency dropt upon him, that never dreamt of it. It is not like to ſome miſtaken Report that then went about, and may yet be believed by ſome. But thus much is copiouſly diſcloſed for their ſakes, that had rather be Diſciples of Truth, then Maſters of Error.
63. Such a Reader is invited to a further Collation; engaging upon peril of offending God, not to clam his Taſte with the ſmalleſt Collection of Flattery. The Chancellorſhip, or a Title equivalent to that Office, is a Supreme Dignity in the Empire of Germany, and in all Chriſtian Kingdoms and States, and further then Chriſtendom, executed by the Grand Viſier of the Port at Conſtantinople. Only the Chief Pontiff of the See of Rome ſtyles the Prelate of his Palace, who preſides in that Employment, his Vice-Chancellor, and no more. And why? Becauſe, ſays Gomeſius in his Proem to the Rules of that Court, Vices agit Cancellarii Dei, quia Papa eſt Dei Cancellarius: He can be but a Vice, for the Pope himſelf is God's Chancellor. Let him be as Liberal as he will to himſelf by his own Aſſumption, I am certain he is not ſuch by God's Nomination. Leaving the Pontifical Court to its own Platform, elſewhere the Chancellor is the Chief Magiſtrate, under the Supreme Power of the King that ſets him up. To which purpoſe, Budaeus in his Notes upon the Pandects, p. 325. Cancellariatus ſummum eſt hodie honorum faſtigium, & quaſi quoddam ſumma quaeque ambientis animi ſolſtitium. This was it then which was marvel'd, and look'd upon as a Rarity, that the King ſhould prefer the Dean of Weſtminſter, though very richly qualified in a Churchman's condition, to the Eſtival Solſtice of Honour, as Budaeus calls it, at one ſtep, who had never paſs'd through the lower Aſcendant Signs of the Zodiac of the Law. But that great Maſter of Wiſdom did never repent him, that He had truſted ſuch a Servant ſo far; never gave the leaſt ſign of Diſpleaſure to the day of his Death, that He would Remove him; never tax'd him, that he had gone awry in any thing either as a public or private Perſon. Which good Opinion he kept ſo conſtantly, that after two years Probation in his Office, I find theſe Lines in a Letter which he ſend to the Lord of Buckingham to Madrid, May 11. 1623. The King's Grace to me is ſuch, that I profeſs before God I never received ill Word, or clouded Aſpect from him, ſince the firſt day I ſerved him in this great Place. His Majeſty would many times ſpeak of him, that He never met with a better States-man for a clear, and far-reaching Judgment. His Knowledge was a Political Circle, that comprehended all things in it. Bring any Matter unto him, his Reaſon was never ſhallow, nor at Low-Water. He ſtudied Foreign Courts, as much as this at home; and cared not what he paid to expert Miniſters, Strangers or Native, to be acquainted with the Secrets of their Maſters. The beſt, to whom he may be ſimilized herein, is Frier Paul the Servite, of whom it is written, When any News were bruited, he ſeldom was miſtaken in his Opinion, whether they were true or falſe; and nothing could be propounded to him, to which he did not ſuddenly give an Anſwer, and with that Solidity, as if he had meditated much upon thoſe Anſwers, which were conceived preſently under the Queſtion. Such an Eminency of Intellectual Parts opened the broad Gate for this Dean to enter into the Royal Favour. As among Plants, it is the property of the Palm-Tree, ſays Philo, lib. 1. de Vit. Moſ. that the Vital Virtue thereof is not in the Root, which is under the Earth, but in the top of the Trunk, as in the Head which is next to Heaven: And Pliny, lib. 13. c. 4. accords well unto it, Dulci; medulla earum in cacumine, quod cerebrum vocant: The ſweet and ſucculent Marrow in the top, is the Brain and Life of the Palm. So to them that enquire how Dean Williams ſhot up ſo ſoon to this Palm of Honour, I will point to the top of the Tree, even to the Marrow of his Brain; Dulcis medulla in cacumine, quod cerebrum vocant.
64. Withal he was moſt Induſtrious; and that not by fits, but every day did conclude its Work, as if he were not to live till to morrow. No Cammel did bear more burden then he did, when he firſt entred to ſit in the Seat of Lord-Keeper, or travel'd further with ſo little Food, and leſs reſt; which he ſuffer'd the better, becauſe he was weary of Eaſe, and loved Labour. For confirmation of it I will anticipate, how he was breath'd (till he was almoſt out of breath with a violent, but ſhort Sickneſs) upon the end of the firſt Term that he appeared in Chancery. It was the Term of Michaelmas, and in the November of it the Parliament ſate again, in which he attended in the Office of Speaker in the Lords Houſe. With theſe, concur'd a ſpiny and difficult Treaty between our Merchants, and the Agents of the United-Provinces, for the moſt ſavage Inſolencies committed at Amboyna, a Treaty wherein he was the Chief Commiſſioner, and the ſharpeſt againſt thoſe Thieves and Murderers: Which Treaty took up three Afternoons conſtantly in every week, while it continued to hear that Cauſe. In the Court of Chancery, beſide the ordinary Work, ſeveral Cauſes, and of a reaching number, were referred in the preceding Seſſion of Parliament to the ſucceeding Lord Keeper, to review the Orders of the Predeceſſor diſplaced. Into this vaſt Sea of Buſineſs he launch'd forth all at once. Hereupon my ſelf, and half an hundred more, have ſeen his Induſtry, that he was compel'd to ſit by Candlelight in the Court two hours before day, and there to remain till between eight and nine, that the Prince being come to the Lords Houſe, ſent for him to take his Place, there to Propound and Report the Queſtions of that Honourable Houſe, till paſt twelve every day, not ſeldom till paſt one. After a ſhort Repaſt at home, he returned to hear the Cauſes in Chancery, which he could not diſpatch in the morning. Or if he did attend at Council in Whitehall, he came back toward evening, and followed his Employment in Chancery till eight at night, and later. Then, on the neck of this, when he came home, he peruſed ſuch Papers as were brought to him by his Secretaries And after that, though far in the night, prepared himſelf for ſo much as concerned him to have in readineſs for the Lords Houſe in the morning. In this overwhelming hurry of Troubles, of ſuch divers ſorts and compoſitions, what time come could he borrow for neceſſary Refreſhment, or the Repoſe of his wearied Body night or day? And as the good King pick'd him out for this Task, becauſe He foreſaw that none would outdo him in Diligence, ſo He prefer'd him to be Great in Place, becauſe He knew he was great in Courage. The Supporters on the Steps of Salomon's Throne were not Sheep, but Lions. The way to be Juſt, is to be Inflexible; the way to be Inflexible, is to be Stout; caſting all thoughts of Fears and Favours under feet. No man by natural complexion could be better engrained for it. I will take it up from one that had no mind to ſay the beſt of him; Mr. Art. Wil. p. 196. He was of a comely and ſtately Preſence, and that, animated with a great Mind, made him appear very proud to the vulgar Eye. Quaedam videntur, & non ſunt: So far was his Heart from Pride, that he never thought himſelf the finer for the Trappings of Fortune. Yet ſo far from baſeneſs, that he knew the Bench he ſate upon, and would not be made deſpicable in the Eyes of the World, much leſs be brought about to ſerve great Men's turns, and ſtretch the Cauſes of the Court, according to the Contents of their Letters and Meſſages; which were no better, in a rude Phraſe, then to be a Pandar to their Luſt, to let them deflower Juſtice. Therefore in the ſame Leaf, ſays Ar. Wil. again, The height of his Spirit made him odious to them that raiſed him, happily becauſe they could not attain to thoſe Ends by him, which they required of him. The height of his Spirit made him ſpeak freely, and counſel faithfully, and decree juſtly, though that Lord, to whom he had eſpouſed his greateſt Devotion, were concerned in the Oppoſition. Which was rectitude and magnitude of Mind, as Tully in his Brutus makes Atticus decipher Caeſar, Splendidam miniméque veteratoriam dicendi rationem tenet; voce, motu formâ etiam magnifieâ & generoſâ quodammodò. His Perſon, his Geſture, his Eloquence, were magnificent and generous; whoſe wont it was to reduce his chief Friends to Reaſon, not craftily and timidly, but with a noble and ſublime Sincerity.
65. Among the Qualities of a good Judge, there is one remaining, and fit to bring up the Rear, which the King look'd upon as verily to be preſaged in his new Officer, an Hand clean from corruption and taking Gifts, which blind the Eyes of the Wiſe, and pervert the Words of the Righteous, Deut. 16.19. 'Twas loudly exclaimed, (and the King was aſhamed to have ſo far miſtaken the Perſons) that there were ſucking Horſe-Leeches in great places. Things not to be valued at Money were ſaleable; and what could not Gold procure? As Meander writes, foreign: That is, Friends, and Judges, and Witneſſes, you may have them for a Price; nay, ſuch as ſit in the place of God, will ſerve you for ſuch Wages. The wiſe King having little prevailed by Monitions and Menaces againſt this fordid Filthineſs, caſt his Liking upon a Man whom He might leaſt ſuſpect for Gripleneſs and Bribery. The likelieſt indeed of all others to ſhake this Viper from his hand, and to be armed with a Breaſt-plate of Integrity againſt the Mammon of Iniquity; for he was far more ready to give, then to take; to oblige, then to be beholding: Magis illud laborare ut illi quamplurimi debeant, as Saluſt of Jugurtha. He was well deſcended, of a fortunate and ancient Lineage, and had made his progreſs to Advancements by Steps of Credit; a good Bridle againſt baſe Deviations. What then made an an unſavoury Hiſtorian call him Country Pedant? A Reproach with which H. L. doth flirt at him in his Hiſtory of King Charles; a ſcornful Untruth. So I ſhake off this Bar, and return to the Reverend Dean, who was in a Function of Holy Calling next to God. Among them I know all have not been incorrupt; the Sons of Samuel turned aſide after Lucre, and took Bribes, and perverted Judgment, 1 Sam. 8.3. But commonly I truſt they do not forget what a Scandal it is, if God's Stewards turn the Devils Rent-Gatherers. He was alſo unmarried, and ſo unconcerned in the natural Impulſion of Avarice to provide for Wife and Children. Our old moral Men touched often upon this String, that Juſtice is a Virgin, foreign, ſays Heſiod; and therefore fit to be committed to the truſt of a Virgin Magiſtrate. He was never fullied with Suſpicion that he loved Preſents, no not ſo much as Gratuidad di Guantes, as the Spaniards Phraſe is; but to go higher, they are living that know, what Sums of Value have been brought to his Secretaries, ſuch as might have ſwayed a man that was not Impregnable; and with how much Solicitouſneſs they have been requeſted to throw them at his Feet for Favours already received; which no man durſt undertake, as knowing aſſuredly it would diſplace the Broker, and be his Ruine. And it was happy for him, when, five years after, Lime-Hounds were laid cloſe to his foot-ſteps to hunt him, and every corner ſearched to find a little of that Duſt behind his door: Eut it proved a dry ſcent to the Inquiſitors; for, to his Glory and the Shame of his Enemies, it could never appear that the leaſt Bird-lime of Corruption did ſtick to his Fingers. And now I have ſhewn what was the rich Portion, which he brought when he was wedded to the Office of the Great-Seal, theſe are convictive, and day-light Evidences. To one or two Writers of late, that have gone another way, I have nothing to anſwer, becauſe in thoſe things wherein they calumniate, they addreſs not themſelves to prove any thing Enough to give them up to the cenſure of that Infamy which they merit, Qui notitiam viri non ex bonis geſtis, dictiſque, ſed ex minus probabilibus fieri volunt; quo quid nequius? ſays the Author called Zeno of Verona. When ſuch candid Authors, as Sir T. Moore, Sir J. Hayward, S. Daniel, and Renowned Camden, wrote the Lives of Princes, they drew the Characters of Men by their Actions, and Speeches; not out of Obloquies and Suſpicions, the Brats of rotten Fame, that have no Father. But in Sick, or rather Peſtilentious Times, when no Wares are ſet forth ſo much as Untruths and Malice, too many are not more bold to Lie, then confident to be Believed. Never, with no People under the Sun, did Veracity ſuffer ſo much as by the Pen of Sir A. Wel. whoſe Pamphlet is Perpetuus Rhotaciſmus, one ſnarling Dogs-Letter all over; which I condemn therefore, as Philoxenus the Poet cenſured Dionyſius the Syracuſan's Tragedy, A fronte ad calcem unâ liturâ circumduxit, Correct it with one Scratch or Score from the beginning to the end.
66. Such as he are not in my way; why then ſhould I loiter one Line to joſtle them out? Yet ſince diſcreet Perſons, and they that extol'd the Dean, and confeſs'd that his Soul carried a great freight of Worth, did think their Exceptions weighty againſt his undergoing that great Office, I will not diſſemble as if I were a Stranger to them. The Words of the Wiſe are as Nails, faſtned by the Maſters of Aſſemblies, Eccleſ. 12.11. Yet ſome Nails are not ſo faſt in, but they may be wrench'd out. Many alledged, that he had Dedicated himſelf to the Church in an holy Calling: Why ſhould he take his hand from his own Plow, to preſide in Secular Affairs? Indeed when the Harveſt was great, and the Labourers few, it was the Summum bonum of a Labourer to ply that Harveſt; for nothing could be better, then to Plant the Goſpel among thoſe that had not believed. But where an whole Nation is gained ſo far as to believe in Chriſt, and the Meſſage of Salvation known to all; that Church is preſerved unto Chriſt by other means beſide Preaching. They that attend their Charge in Prayer, Exhortation, and diſpenſing the Sacraments in all Quarters of the Land, had need to have ſome of their own Coat in Places of Power and Dignity, to preſerve their Maintenance from Sacrilege, and their Perſons from being trodden down with dirty Feet. Such as God hath bleſs'd to go in Rank with the Chiefeſt to help their Brethren, whether in public Office, or in Attendance on their Sovereign, in his Chappel, Cloſet, Eleemoſynary Truſt, or the like, they are as much in the Harveſt, as they that labour in the Pulpit. St. Ambroſe in his ſundry Embaſſages for his Lord the Emperor; the Father of Gr. Nazianzen a Biſhop, of whom his Son ſays in his Epitaph, that he was foreign, employed in Pre-eminency, and Honour, and Government. Euſeb. de vit. Conſtanti. l. 4. c. 27. Sozom. l. 1. c. 9. mention the Reſcript of Conſtantine to Ablavius the Praetorian Praefect, Ut pro Sanctis ſemper & venerabilibus habeatur, quicquid Epiſcoporum fuerit ſententiâ terminatum: idque in canſis omnibus, quae vel Praetorio, vel civili jure tractantur. Which large Conceſſion of Conſtanſtine was reſtrained indeed by Gratian and Valentiman, an. 376, Ad cauſas quae ad Religionis obſervantiam pertinebant. All the Prelates to whom the Emp. Conſtantine the Great referred the Hearing of Cauſes by Appeals, which they diſcharged to the gaining of great Love and Praiſe; theſe were not out of their Sphere, but ſerved the Church, when they did that which ingratiated the Church, and made the Chriſtian Name to be venerable. Some never ſpeak of Secular Policy, but as of a Prophane thing; whereas a worthy Man may manage a Civil Tribunal with that maintenance of Virtue, with that galling of Vice and evil Manners, ſo as many good Pulpit-Orators put together might give God thanks, if their Succeſs were equal. Councils, it is true, may be produced, as, to be brief, the Quin-Sext in Trullo, can. 11, which forbids Prieſts and Deacons, (it names not Biſhops) foreign, to handle worldly Principalities. I am ſtruck with Reverence to the Council, but not Convicted by its Reaſon, which is fetch'd out of one Scripture, that no Man can ſerve two Maſters. Tell this to the Eccleſiaſtics of Rome, who are wholly buried in Things, not only different, but contrary to the Miniſtry Inſtituted by Chriſt. Oppoſite Maſters cannot be ſerved by one faithful Servant, ſubordinate may; for we may love both, and hate neither. The King's Service in a Righteous way is not oppoſite to Chriſt's Evangelical Adminiſtrations, but co-incident. And a Supreme Governor doth not loſe his Right in a Subject, that is made a Prieſt or Biſhop; but may employ him under him as he pleaſeth, ſince the compacture of the whole Commonwealth together is but one Chriſtian Oeconomy. ABP. Spotſwood, p. 299.In the Articles proponed to the Parliament at Sterling by Mr. Andrew Melvin, an. 1578. this is the 17th of the 11th Cap. We deny not that Miniſters may, and ſhould aſſiſt their Princes, when they are required, in all things agreeable to the Word of God, whether it be in Council, or Parliament, or out of Council; providing always that they neither neglect their own Charges, nor through flattery of Princes hurt the public State of the Church. A Caution that their own Charges be not neglected, is moſt Pious; otherwiſe the Indulgence is very indefinite. Many Zealots are as kind to themſelves in England to ſerve their own turn. I never ſaw any of our Miniſtry more abſtracted from their Studies, continually progging at the Parliament-Door, and in Weſtminſter-Hall for many years together, having no Calling, but that of an Evil Spirit to raiſe Sedition, then thoſe that were moſt offended at a Biſhop, for beſtowing ſome part of his Time in a Secular Place: And yet a conſiderate Judge will not ſay, that the Lord-Keeperſhip is an Employment merely Secular. To mitigate the ſtrict Caſes of the Law with the Conſcience of the King, in whoſe Place he ſits, is it not as fully Eccleſiaſtical, as a Conſiſtory of teaching and ruling Elders? Ulpian did not ſtick to ſay of all the grave Senators, that ſate upon the Bench to decide Right from Wrong, Nos meritò juris ſacerdotes à quòdam dicti ſumus, ſiquidem ſanctiſſima res eſt civilis ſapientia. This Heathen was pleaſed to have them ſtyled, Prieſts of the Law, becauſe the Wiſdom of Civil Judicature was an holy Thing. Much more it agrees in a Chancellor, who directs that part which is foreign, as Ariſtotle ſays, Eth. 5. the mitigating of public Juſtice, when it breaths Intemperate Rigour. Happy are the People who are governed by full and exact Laws, which make them liable, as little as may be, to the Errors and Paſſions of Arbitrary Moderation: Yet becauſe a Law is a General Rule, and that it is not poſſible that a General Rule ſhould provide ſufficiently to ſatisfie all particular Caſes, therefore as the ſame Philoſopher ſaid again, Polit. 3. Let the Laws have the chief Power, yet ſometimes let one or more Judges have the Power of the Laws; which in effect is the merciful Voice of God, to mollifie the Strictneſs and Inconveniencies of the Voice of Man. And we living in a Chriſtian State, how can that be incongruous, nay any way unſeemly in his Perſon, that is an Ambaſſador of Chriſt?
67. It was ſaid alſo, that he was illiterate in the knowledge of the Laws, being bred up in other Studies, and very unprepared to diſcharge this Function. But it was quickly unſaid as ſoon as the Court had trial of his Abilities. There have been others beſides Peter Gallaudes, that have been capacious of all Sciences and Learning, of whom Turnebus Adverſ. l. 2. c. 1. Omnium rerum capax natura, quam it a facile regebat, & verſabat, ut quicquid ageret, unum illud curae habere, tractaréque putaretur. So this man had a mind of ſuch a Glebe by the felicity of Nature, and ſo manured, that it could bring forth a plentiful Crop, whatſoever Seed or Grain was caſt into it; and whatſoever he addicted himſelf to convey into the Store-houſe of his Brain, he was never long at ſuck, but had it with much more ſpeed then other men. Though he was never a Practitioner in the courſe of the Law, yet he had been an hard Student in the Tenures, Reports, and other Compilements of that Profeſſion. But no marvel if others were diffident of him, for he was very diffident of himſelf. Therefore he humbly beſought the King, he might be a Temporary Lord-Keeper, nay a Probationer and no more, as it is divulged in the Cabal, p. 56. and of the reſt of that in a ſitter place. Nay, he beſought that His Majeſties free and unlook'd-for Election might bear the blame of his Infirmities; as Gregory the Great wrote to Mauritius the Emperor, when he did in a manner enforce Gregory to be Biſhop of Rome, Lib. 1. Ep. 5. Neceſſe eſt ut omnes culpas meas & negligentias non mihi, ſed tuae pietati populus deputet, qui virtutis Miniſterium infirmo commiſit. The Chancellorſhip of England is not a Chariot for every Scholar to get up and ride in it. Saving this one, perhaps it would take a long day to find another. Our Laws are the Wiſdom of many Ages, conſiſting of a world of Cuſtoms, Maxims, intricate Deciſions, which are Reſponſa prudentum. Tully could never have boaſted, if he had lived among us; Si mihi vehementer occupato ſtomachum moverint, triduo me juriſconſultum profitebor. Orat. pro Mar. If the Advocates of Rome anger'd him, though he were full of buſineſs, he would paſs for a Lawyer in 3 days. He is altogether deceived, that thinks he is fit for the Exerciſe of our Judicature, becauſe he is a great Rabbi in ſome Academical Authors; for this hath little or no Copulation with our Encyclopaidy of Arts and Sciences. Quintilian might judge right upon the Branches of Oratory and Philoſophy, Omnes Diſciplinas inter ſe conjunctionem rerum, & communionem habere. But our Law is a Plant that grows alone, and is not entwined into the Hedge of other Profeſſions; yet the ſmall inſight that ſome have into deep Matters, cauſe them to think, that it is no inſuperable Task for an unexpert man, to be the chief Arbiter in a Court of Equity: Bring Reaſon and Conſcience with you, the good ſtock of Nature, and the thing is done. Aequitas optimo cuique notiſſima eſt, is a trivial Saying, A very good man cannot be ignorant of Equity: And who knows not that extreme Right is extream Injury? But they that look no further then ſo, are ſhort-ſighted: For there is no ſtrein of Wiſdom more ſublime, then upon all Complaints to meaſure the juſt diſtance between Law and Equity; becauſe in this high Place, it is not Equity at Luſt and Pleaſure that is moved for, but Equity according to Decrees and Precedents foregoing, as the Dew-beaters have trod the way for thoſe that come after them. What was more Abſolute then the Power of the Pretorian Courts in Rome? Yet they were confined by the Cornelian Law to give Sentence Ex edictis perpetuis; to come as near as might be to the Perpetual Edicts of former Pretors: And wherefore? Of that Budaeus informs us: Ne juris dicendi ratio arburaria praetoribus eſſet, & pro eorum libidine ſubinde mutabilis. In Pandec. p. 205. To keep Juſtice to cert…in and ſtable Rules; for every man will more readily know how to find his own, when he truſts to that Light, which burns conſtantly in one Socket. This is to keep the Keeper from Extravagancies of his own Fancies and Affections, and to hold him really to Conſcience; and Conſcience, as it is in Queen Elizabeth's Motto, is Semper ead…m, It is ever the ſame. No all this doth adorn and ampliſie the great Wiſdom of the Dean, that being made the Pilot in the chief Ship of the Political Navy, a Pilot that had never been a Mariner in any Service of that Veſſel before; yet in all Cauſes that ever he heard, he never made an improſperous Voyage. For from his firſt ſetting forth to his laſt Expedition, the moſt Envious did never upbraid him with Weakneſs, or ſcantineſs of Knowledge. Neither King James, King Charles, nor any Parliament, which gave due Hearing to the frowardneſs of ſome Complaints, did ever appoint that any of his Orders ſhould be retexed: Which is not a Pillar of Honour, but a Pyramid. Fulgentius hath Recorded the like upon the Wonder of his Age, Father Paul of Venice, that being Provincial of his Order, and hearing many Cauſes, none of the Judgments that he gave (which were innumerable) were ever Repealed upon Inſtance made to higher Judgment. Neither do I find that any of his Fraternity did maunder, that the Frier was a Strippling but 28 years old, and therefore but a Novice to make a Provincial, who is a Judge and a Ruler over his Fellows. He had better Luck in that then our Dean, who was 39 years old when he atchieved this great Honour, yet ſome (it is preſumed they were nettled with Emulation) utterly disliked his Age, that it was not wrinkled with Gravity. They were but Yonkers themſelves that made ſuch Cavils; For he that is ſtepping into the Fortieth Year of his Life, if he have ſpent his Time as he ought, is come to adult maturity. Many, as ſoon as their Spring is over, are in their Autumn. So Nazianzen calls Baſil, then but a young man, foreign; One whoſe Mind was gray with Senility, before his Head was enrich'd with Silver Hairs. And how prevailing was Cato in the Senate at the time of the Catilinarian Conſpiracy? And yet, in my Collection, at that time he had ſcarce ſeen 30 years in the World. I will cite out of many Examples but one more, and that's Laſthenes in Aeſchylus his Tragedy, foreign; He carried an aged Soul in a youthful Body. We learn out of the Typical Leſſons of the Old Law, Levit. 2.14. That green Ears of Corn were accepted for an holy Oblation, if Oyl and Frankincenſe were put upon them. Which will bear this Note: That the Gifts of our young and flouriſhing Age are very ſweet, when they are Balſam'd with Diſcretion.
68. At laſt I come ſlowly to a Stone of Offence, that cannot quite be removed; yet I come to it. It were not Ingenuous to deal like Fl. Joſephus, that in all his Hiſtory never mentioned the Treſpaſs of his Fore-fathers in Worſhiping the Golden Calf at Horeb. But why ſhould that be covered which the Penitent himſelf did not conceal? That Eruptions of Anger flaſh'd from him too often, which he confeſs'd in his Letter to the Lord of Buckingham, printed in the Cabal, p. 78. Heat and Earneſtneſs, I know by looking into my ſelf, are Symptoms of good Nature. It is in a manner a National Cognizance among his Country-men the Welſh, to be quickly ſtirred, and of an hot Blood; and when they have been very loud in Choler for a trice, after a ſhort fray to be as good Friends as ever. I confeſs this was a Bird of that Feather. He that will trouble himſelf with me, to look upon the Diſeaſe, and the Sympton's in a moral Landchape, ſhall not altogether be weary of it. The compoſition of Fire is great in ſome men; there is ſome of it in all men. So ſays he that wrote the Book of Wiſdom, c. 2. v. 2. foreign; There is a little Spark in the m…ving of our Heart. Some are ſo ſtill, ſo happy in Tranquility, that they are little provoked to Haſtineſs and Heat: The Spark glows not, but lies as if it were cover'd under the Aſhes. Some have more Brimſtone in their Complexion, and if they take diſreliſh, their Spirits are hurried to their Heart ſwifter then Lightning, which blow the Spark, and the Spark kindling in the Blood makes it boil over, before Reaſon can be conſulted how to cool it. Now as there is no Good in us, but hath much Infirmity; ſo there is no Infirmity in us out of which God cannot bring much Good: For, in the memory of all Times, thoſe that were of Cholerical Complexions have been the moſt active, and the moſt fortunate in bringing great Exploits about. No better Witneſs can be quoted, then the meekeſt Writer that the Greek Church enjoyed: Nazian. Orat. 26. foreign. (He writes it for the Defence of St. Peter, of an haſty Nature, and a prompt Speaker.) Do not utterly condemn all angry Heat, without which nothing that is Brave can be brought to paſs towards Piety and Virtue. Again, though it be an unruly Paſſion, it wants not this Apology, That it chafes away Malice, as it were, by imperceptible Perſpiration. Uſually ſuch as are quickly inſtigated to Diſpleaſure, and ſeem to be Foes, of all that we converſe with, ſooneſt become Friends. When I inſtance in Theodoſius the Elder, it is to let him ſtand for the Figure of Ten thouſand; of whom ſays Aurelius Victor, Iraſci rebus indignis, ſed flecli cito, unde modicâ dilatione emolliebatur: He was quickly angry, and quickly entreated, mollified after his Fit in the turning of an hand. A Weakneſs that deſerves much Indulgence, when it draws ſuch a Virtue after it: Which in the knowledge of all men, that were willing to ſee the Truth, was the Diſpraiſe and the Praiſe of our Prelate, who came to ſuch ſudden Greatneſs. He was quickly ſtirred and provoked, but the Sun never went down upon his Wrath. There did not live that Chriſtian that would put up greater Wrongs, or paſs them over with a more ſlight Contempt. He forgat Injuries as if they had been Dreams; neither could be endure to be told that he had been injured, when fawning Sycophants came to whiſper ſuch things in ſecret. He liked the Informer far worſe then the Offender: The firſt was ſure to have no Reward; the other was certain to have no more then a mild Rebuke for his Puniſhment. Revenge is a kind of Savage Juſtice, though Wolviſh Natures affect it, which he abhorred, firſt out of Evangelical Charity, next out of the greatneſs of his Spirit: Wherein, if he had his match, I think upon Earth he had not his Superior, being moſt exorable to Offenders, facile in taking Satisfaction, faithful after Reconciliation; uſing his Power too much to Protect ſome, but never to Ruine any; towards Male-contents that ſometimes forgat good Manners, his Heat was ſo far abated, that he was too cord in Repreſſing them: As Theophylact ſaid of Joſeph his Pacificatory Thoughts toward the Bleſſed Virgin, That he was willing, foreign, ſo he was ever inclined to overſhadow a Fault with a gentle Interpretation. Take his Picture in his own words, as he wrote them to the L. Buckingham in behalf of the wiſe and valiant Earl of Southampton, Cabal, p. 59.Of all Actions, forget not thoſe of Mercy and Goodneſs, wherein Men draw nigheſt to God himſelf; Nor of all Perſons, Priſoners, and afflicted Joſephs. Celerity doth redouble an Act of Mercy; therefore it is no Flattery to conteſt, that ſuch a proneneſs to Ebullition of Anger, is much better then a ſullen Saturnine Temper, which betrays not it ſelf outwardly in flame, but burns inwardly with implacable Rancour; which Cato of Veica had learnt out of the School of the Stoics: He was not eaſily incenſed, but if he were, foreign, ſays Plutarch, being once warmed, he was never cool again. To whom this man was ſo contrary, that if he had been Tranſported to Tranſgreſs againſt Civility towards any Man, who in the diſtraction of much buſineſs had ruſh'd upon him unſeaſonably, and follow'd him with Inſolency, able to diſcompoſe a moſt Reſolved Patience, I would have undertaken, in leſs than two hours, to preſent that man's buſineſs to him with hope of good ſucceſs, if the Juſtice of his Cauſe would bear it, when I durſt not have moved him for another Man.
69. To ſtoop this Vinacre to the very Lees; ſome will ſay, that Eruptions of Anger in a Perſon of Honour, chieſly if they be fierce, will ſeem to be compounded with Pride and Haughtineſs; the Anſwer without ſtruggling ſhall be with yielding, and diſtinguiſhing. It is granted that Anger and Pride are ſeldom parted; Eccleſ. 7.10. The patient in Spirit, is better than the Proud in Spirit; which infers, that there is ſome Pride, where there is not patience, there is a Connexion between Evil Works; every Offence againſt God is a Lump of Spawn; a Row that will yield a Fry of Sins; eſpecially by the incubation of Cuſtom and Impenitency. In this knot and coherence of Sins a ſevere Caſuiſt will tell you, that there is no Sin committed without Pride in the Stomach of the Diſobedient. Queſtionleſs it putrifies ſomewhat in every Man's Heart by Original fomentation. But there are Mountains of Pride, and there are Hillocks; no Fragment of ſo great a Sin is ſo little as a Mole Hill. There is a proud Man who is a great Oppreſſor, who would caſt down all that are in his way, and Trample upon them to aſcend higher and higher upon their Subjection. Pacatus ſays neatly in his Panegyric to Theod ſius, that the people could find no worſe Name for Tarquinius the Tyrant, than Tarquinius the Proud. And upon Davids prayer to God to deliver him from the Horns of the Unicorn, it is St. Auſtin's Note, In Unicornibus ſuperbi intelliguntur, qui ſoli cupiunt eminere. He is the ſingle Horn of the Unicorn, that in ſingularity of Pride would excell in Power, and puſh all others down; from whom, let us all ſay with David, Good Lord deliver us. Herein he that I write of, is nothing concern'd; that Crime hath no ſimilitude with his Mercy and Modeſty. There is a proud Man that Values his own Worth, or rather no Worth, in an high Eſtimation, and above the common Level of Men like Julian, the Renouncer of Chriſt, that put ſcorn upon all Worthies, Heatheniſh as well as Chriſtian, and this Great Idolater Worſhip'd nothing but himſelf. This Arrow ſhoots wide from our preſent Mark, Gods Grace be Thanked; this Pride, which hath the true Taſte of Lucifer, is rather begotten by Melancholy, than by Anger. It was not poſſible that one ſhould be more liberal than Dean Williams was, in Attributing due and down-Weight to every Man's Gifts, his Candor made him praiſe every one promiſcuouſly, perhaps beſide his Judgment; and I have heard him prefer divers, and very ſeriouſly, before himſelf, who came ſhort a Mile and a way-bit. This, as it ought, let it ſtand for a Flower of Humility; for his erected Spirit, ſo free from baſeneſs, would never ſtoop to Hypocriſie. In fine, there is a Pride, when we Love our own Deſires, our own Delight and Satisfaction; not only our Will, but our Starts and Fancies ſo much in every thing, that without open Offence taken we wil be croſs'd in nothing. It ſpurns at every Rub in the way; it frets againſt Beaſts, nay againſt things inſenſible: Now he that is diſturb'd, if he be not humor'd at every Turn, muſt take this Rebuke with Patience, that he is a proud Man. This frailty was his blemiſh: This laſt kind of Pride and Anger compounded together: Yet I believe he might have been Tempted to be prouder in another kind, if he had not been familiar with this infirmity. But his inſight into this defect, begat in him a loathing of himſelf, and a lowly mind. Neither was he ignorant that ſome went beyond him in the cunning of getting Affections with a formal patience, who were not his Paragons in Innocency and Cordial Humility. Now let an Upright Moraliſt be the Judge of this Great Judge; it is not for the ſatisfaction of a wrangling Mome; for what can be expected from Crabs but Verjuice?
70. The Abilities of the deſigned Lord Keeper were ſuch, and (be it deliver'd impartially) greater than are ſet forth, as in time he made it good. But when it came to be divulged, that this preferment hovered over him, it was much, and dividedly ſpoken of as a Paradox of Honour. Some could not believe it; ſome ſaid it was no New way, but an Old one Renewed, and God give him Joy of it. Some did ſtomach it, I muſt not ſay Envy it; for Envy is ſo low and baſe a Sin, that every Man, though the moſt guilty of it, will ſcorn to confeſs it. The beſt Profeſſors of our Laws took it ſadly without doubt, that one who did never Run in their Race, had got their Garland. Many others there were, and ever will be, that, like Joſeph's Brethren, hate the very Dream of a Sheaf, to which they muſt do Obeyſance. Therefore it requir'd the Art of a Wiſe Man to ſet up the Frame with that skill, that it might be no Eye-ſore to the Judicious beholder; which was thus Effected. Though the Grant of the Place was fixed upon this Man, without any likelihood of Revocation; yet he beſought the King and obtain'd, that Ten Weeks ſhould run out before the Seal ſhould be remanded from the Commiſſioners, and put into his Cuſtody. A Benefit of ſundry Advantages. The leaſt was, that popular Diſcourſe, inclining much to deſcant upon this matter, would ſpend it ſelf away in two or three Months, and as it were boyl from a Pint to a Spoonful. It was further look'd into, that he might have reſpite to ſtudy the Weight and Truſt of the Office, whereby to ſupply it with that skill, as might in Candor be expected from a Beginner; which he improved as far as could be done in ſo ſhort a time; having the aſſiſtance of Sir Harry Finch, a moſt profound Lawyer, whom he kept in his Lodgings from May to October following, for all ſorts of Advice, The beſt Heifer he could have Plowed with, to find out Riddles, Jud. 14.18. What could not his quick capacity draw from ſuch a Maſter? Or what could not Induſtry reach to with that Capacity? being of all Men, perhaps above all men, moſt Laborious; and far from the ſheepiſhneſs of Sloth, the greateſt blemiſh in our Engliſh Nation. He had day enough alſo to look about him, to enquire for able and honeſt Servants, to be prefer'd into the Chief places of Fidelity under him, which ſucceeded with that praiſe of Judgment, and Bleſſing of Succeſs, that certainly God was at his Right hand in it; ſome of his Followers were as Learned Gentlemen as our Kingdom had. No man that knew them will deny that to be due to Sir William Boſwel, and Mr. Edward Palmer. All of them were of Vertuous Converſation, Grave Deportment, greatly experienced in the World, Sober, Civil, Uncorrupt; in a Word it was a Ship of Argonautes; ſo that I have heard of our Honourable Peerage, and of the worthy Judges then Living not a ſew affirm, that an Houſhold ſo Excellently model'd, was one of the moſt evident things that diſcover'd the great Wiſdom of the Maſter. Other things likewiſe in the Interlunium, as I may call it, of that Great Office were ſpread abroad by Fame, and very juſtly, which ſerv'd exceedingly to ſweeten the general Opinion. They that could dive furtheſt into Court ſecrets had found, that it was a preferment that came to hand of it ſelf, neither lured to, nor whiſtled to; never ſued for, never ſought for; but as Mamertinus ſaid of the Conſulſhip which Julian beſtowed upon him of his own Grace, and proper Motion, non modo nullum popularium deprecatus ſum, ſed ne te quidem Imperator, quem orare praeclarum, cui preces adbibere pleniſſimum dignitatis eſt. 'Tis humane to wonder at ſuch a Fortune, 'twere divelliſh to Envy it. It qualified alſo, that no detection could be made then, or thereafter, that he bought this Greatneſs, unleſs in Claudian's ſenſe, Emitur ſolâ virtute poteſtas. But this Place was pointed out by the King, not for him that would give, but to him that would not take; to one that pretended to make no more requital, than to ſerve God in his Calling, to be True to the King, and no Exactor upon his people. If a Jearer ſhall caſt in, that no marvel if he paid nothing down to his up-lifter, for he was low in Coffers and Credit, and not worth a Bribe; ſuch a one ſays the ſame Truth that I do to the main, but he Collects it falſely. For the Dean was never Richer in preſent Coin in his Life, than he was at that time, which came to appear upon this Account, that as ſoon as he was warm in this New Honour, e'en within two Months after, William Earl of Pembroke his Noble Friend, made the Bargain with him to purchaſe his Grand-Fathers Lands in Wales, which were ſlipt aſide by ill Husbandry, for which he disburſedten Thouſand pounds, not much more being to be added to the Seller, which he borrowed; wherein he Explained two things to the World by this one Act, that ſuch Monies as lay by him he gave not for his Office; and thoſe that he laid out, he got not by his Office. This was not his Forecaſt, but the Lords above; who takes care for every Sparrow. He little thought to live upon that pittance in his Old Age. But God provided it, that when the wide Throat of Sacrilege had ſwallowed down more than ever was devoured at one Gulp, when the pleaſant Vine of the Church of England, with all the Fruitful Branches were cut down with the Pruning Hook of an Ordinance, than this little Gourd in Wales ſhould ſhadow over the head of our Jonah. It was well ſaid of Plato, That a Prudent Man would lay by ſomewhat in Store to ſupply him; neither was it ſuperfluous though it did ſurvive him; for, ſays he, I had rather leave ſomewhat, though to mine Enemy, when I Die; than ſtand in need of my Friends, who may prove no Friends, while I live.
71. I am yet in the lingring Seaſon of the Paraſceve, or induction preparative, before the Candidate carried the Palm in his hand, wherein he proceeded, as far as the Line of a good Wit would let him run, to gain public Equanimity to the Kings intentions. For he beſought His Majeſty to clog the Grandeur of that place with ſuch Terms and Conditions in his perſon, as might comprize it in a leſs Size, than it was ever before Received by any. All which were his own Invention, and his own ſeeking, as it is ſomewhat detected in the Cabal. pag. 56. but more largely drawn out in his own Papers, and offered only to be Engroſs'd in an Act of Council. Firſt, That the King would continue no Chancellor in that place above three years thenceforth; which ſhould firſt be put in practice in this Mans perſon. Secondly, That he ſhould be admitted in the Nature of a Probationer for one year and half; and if it appear'd the Charge of the Office to be above his Abilities, yet doing Juſtice equally to his beſt power, he ſhould be Rewarded with an Arch-Biſhopric, or one of the beſt Biſhoprics at the End of that Term. Thirdly, If upon the expiring of one year and half, it were found that he diſcharged the Truſt to His Majeſties contentment, the Royal Pleaſure ſhould be ſignified to continue him to the Triennial Period. Fourthly, When three years were finiſh'd, to have no further expectance to hold that Office, but to give it over with a peremptory Reſignation; ſo I may ſay, like Saladine the Great, He carried the Winding Sheet of his Honour before him as a Banner. Fifthly, He moved earneſtly that the Court of Chancery might have a Maſter of the Rolls of exact knowledge and judgment to ſit with him, Naming Sir Robert Heath the King's Solicitor; but it was hindred by ſome, that would try how he could Walk on ſuch ſlippery Ground, without a Staff to lean upon. Sixthly, He Petitioned for ſome of the principal Judges of the ſeveral Benches, whom he Named, that two at leaſt ſhould always aſſiſt him, ſubmitting himſelf humbly as a young Tree to be kept ſteady with ſuch ſupporters A Prudent way, to have many Sage Heads concur to produce one Act of Wiſdom. To ſay in the contrary, it is beſt to leave the entire matter to one, if he be of ſound Intelligence, is as groſs a Flattery as that of the Orator in the Panegyric to Maximianus, quid opus erat multitudine, cum ipſe pugnares? What needed an Army in the Field, when Maximian himſelf did Fight? Now ſo many of the Orders forecited as concern'd the Mortality of that Office, and ſet the period of his duration in it, were Mortal Laws, and utterly forgotten; for he continued as he began without interpellation above four years, till he was annihilated by his frown, whoſe favour had Created him. The Complication of thoſe Reſtrictions ſerved only for a Method of diſcretion in a due Seaſon, to keep that Dignity low ſhorn in appearance, that it might not be blaſted with the Lightnings of Envy. Yet theſe things ſo diſpread were more confirm'd in Vogue and Opinion, by a Speech which he made to the King in the Audience of all the Lords of the Council, when the Great Seal was actuall delivered to him at Whitehall, July 10. which followeth Verbatim.
72. Moſt Dread and Mighty Sovereign, if I ſhould think my ſelf any way worthy or ſufficient for this Great Place, wherein Your Majeſty is pleas'd to make Probation of me, I were the moſt unworthy and inſufficient Wretch in all the World. But in good Faith I do not: But as Conſcious of mine own Weakneſs, as I am quite aſtoniſh'd at Your Favour and Goodneſs. I do not therefore trouble my Head to find out the Reaſons of this Advancement, becauſe I take it for no Ordinary Effect, but an extraordinary Miracle. Deus, & qui Deo proximus, tacito munera diſpertit aribtrario, & beneficiorum ſuorum indignatus per homines ſtare judicium, mavult de ſubditis dediſſe Miraculum. I muſt only lift up mine Eyes unto Heaven, and beſeech that God, who ſome Ten Years ſince brought me like Eliſha to be Servant only unto that Elias, who under God and Your Majeſty was the Chariot and Horſemen of our Iſrael, that now he would be pleaſed to double the Spirit of Elias upon his Servant Eliſha, whom Your Majeſty hath thus inveſted with his Robe and Mantle. And for my eſpecial direction, I will take up that Counſel which Pliny gave his Friend Maximus, Newly Elected Praetor for Achaia, Meminiſſe oportet Officii Titulum; I will never forget my Office and Title, I am deſign'd to be a Probationer in this Place, and as a Probationer by God's Grace I will demeane my ſelf; I will take up together with this Seal that Induſtry, Integrity and Modeſty, Non ut me Conſulem, ſed ut conſulatus candidatum putem. That is, I will not Eſteem my ſelf a Keeper, but a Suitor only for the Great Seal. And if I feel the burden too heavy (which I mightily fear and ſuſpect) I will chooſe rather deſinere quàm deficere, to ſlip it off willingly to ſome ſtronger Shoulder, than to be cruſh'd in pieces with the poiſe of the ſame. And I humbly beſeech your Majeſty alſo to Remember, I am no more than a meer Probationer. If I prove Raw at the firſt, I muſt have my time to Learn. The beſt of them all have craved no leſs, and I will deſire no more. For if after the full weighing of my Strength I ſhall ſtill find my ſelf unable for this Service, I will ſay unto Your Majeſty, as Jacob ſaid unto Pharaoh, Paſtor ovium eſt ſervus tuus; whatſoever You are pleas'd Sir to make me, I am but a Keeper of Sheep; in that Calling Your Majeſty found me, and to that Calling I ſhall ever be ready to appropriate my ſelf again. In the mean time I beſeech Your Majeſty to protect this Court of Juſtice wherein You have plac'd me, that the Strength and Power of that body be nothing impaired through the weakneſs of the Head. Nemo Adoleſcentiam meam contemnat. Let not my Fellows of an other Profeſſion cry out with him in the Pſalm. There, there, ſo would we have it, neither let them ſay, We have Devoured him. And ſo I end with my Prayer unto God, That Your Majeſty may Live long, and my ſelf no longer, than I may be ſerviceable to Your Majeſty.
73. The King heard him very Graciouſly to the end, and uſed no more then theſe few Words in Anſwer, That he was pleas'd in his Settlement, as in any whom he had prefer'd, and was perſwaded he would not deceive his Judgment. Neither did the good liking of the moſt ſtick at any thing, but that the Worthies of the Lay, and chiefly of the Law were pretermitted. But his Majeſty rather regarded the fitneſs of a Man, then the Cuſtom of a Tribe: As he that takes a Lodging in the City, never Examines which are the beſt Rooms by Squares of Architecture, but likes that for the beſt Chamber, which hath …the beſt Furniture. At the ſame time the Lord Keeper, by ſuper-impregnation of favour, was made a Biſhop, and Reap'd no leſs than two Harveſts in one Month. It was K. James his wont to give like a King; for the moſt part to keep one Act of Liberality warm with the covering of another. A meaner Man then a King could ſay (it is Pliny lib. 2. Epiſt.) beneficia mea tueri nullo modo melius poſſum, quam ut augeam. He that hath plac'd a benefit well, let him imitate himſelf, and do another; that's the ſure way of obliging. The Biſhopric of Lincoln was beſtowed on him by the Royal Congè d'Elire, the Largeſt Dioceſs in the Land, becauſe this New Elect had the Largeſt Wiſdom to ſuper-intend ſo great a Circuit. Yet in as much as the Revenue of it was not great, it was well piec'd out with a Grant to hold the Deanery of Weſtminſter, into which he ſhut himſelf faſt, with as ſtrong Bars and Bolts, as the Law could make: Elſe when the Changes began to Ring in the Fifth year after, he had been ſure to be thruſt out of Doors in a ſtorm, when he had moſt need of a Covering. Yet ſome Suitors were ſo importunate to compaſs this Deanery, upon his expected leaving, that he was put to it to plead hard for that Commenda, before he carried it. The King was in his Progreſs, and the Lord Marqueſs with him, to whom he writes to preſent his Reaſons to the King, which were, that the Port of the Lord Keeper's Place, though he would ſtrike Sail more than any that preceded him, muſt be maintain'd in ſome convenient manner. Here he was handſomly houſed, which if he quitted, he muſt truſt to the King to provide one for him, as His Majeſty, and his Predeceſſors have ever done to their Chancellors. Here he had ſome Supplies to his Houſe-keeping from the Colledge in Bread and Beer, Corn and Fuel; of which if he ſhould be depriv'd, he muſt be forc'd to call for a Diet, which would coſt the King 1600 l. per annum, or crave for ſome addition in lieu thereof, out of the King's own means, as all his Foregoers in that Office had done. In that Colledge he needed to entertain no Under-Servants, or Petty-Officers, who were already provided to his Hand. Beſide the Very Name and Countenance thereof would take away all expectation of extraordinary Entertainments. And it was but a ſtep from thence into Weſtminſterhall, where his buſineſs lay; and 'twas a Lodging which afforded him marvelous quietneſs to turn over his Papers, and to ſerve the King. He might have added (for it was in the bottom of his Breaſt) he was loath to ſtir from that Seat, where he had the Command of ſuch exquiſite Muſic. A Requeſt laid out in ſuch Remonſtrance was not, nay could not be refus'd by ſo Gracious a Prince; who granted twenty Suits to one that he denied, Magnarum largitor opum, largitor honorum pronus, which ſingularly fits King James, though Claudian made it for Honorius. Likewiſe by the Indulgence of his Commenda he reſerv'd the Rectory of Walgrave to himſelf, a Trifle not worthy to be Remembred, but his Reaſon is not unworthy to be detected. Take it as he Read this Lecture to me upon it. That in the inſtability of humane things, every man muſt look for a Diſſolution of his Fortunes, as well as for the Diſſolution of his Body; the latter, of ſure Things is moſt ſure; the former, of uſual Things is moſt uſual. Common Men are in doubtful Places; great Men in ſlippery Places; but Sacrilege, being a Raven that continually croaks over the Church-Patrimony, Clergy-men were in moſt obnoxious Places. Many have paid dear for this Experience, That Fortune will fly quite away, when ſhe is well fledge. Then let ſuch as are upon the higheſt Stairs of thoſe Preferments, have this Forecaſt, To keep a little Room behind their Back-door, to which they may retreat. When there was no place for Elijah in Jezreel, he took his Commons in an obſcure Village, to which God ſent him, with the Widow of Zarephath. Anſelm Arch-Biſhop of Canterbury kept his Right to a poor Cell which he had in a Monaſtery called Becc in Normandy, and that Hoſpitality kept him, when he fled out of England, and all the Revenues of his Mitre failed him. Stephen Gardner Biſhop of Winton, and Lord-Chancellor, held the Maſterſhip of Trinity-hall to his Dying-day; and though he gave forty better Preferments to others, he would never leave his Intereſt in it; and did not conceal the Cauſe, but ſaid often, If all his Palaces were blown down by Iniquity, he would creep honeſtly into that Shell. They that will not be wiſe by theſe Examples, Ia Te…I will ſend them to School to a Fable in Plautus, Cogitato mus puſillus quàm ſit ſapiens beſtia, AEtatem qui uni cubili nunquam committit ſuam, Qui ſi unum oſtium obſideatur aliud perfagium quaerit: So in the upſhot he ſaid, Walgrave was but a Mouſe-hole, yet it would be a pretty Fortification to Entertain him, if he had no other Home to reſort to. He was not the only Prophet of that which is fallen out in theſe diſmal Days; many ſuch Divinations flaſh'd from others, who ſaw the Hills of the Robbers afar off, who have now devoured the Heritage of Jacob, and ſay, they are not Guilty; and they that have ſold us, and bought us, ſay, Bleſſed be the Lord, for we are rich, Zech. 11.5.
74. Whom I leave to a Day of Account, having an Account to give my ſelf, how Proſperous the Lord-Keeper was in the King's Affections at this time, to whom His Majeſty meaſured out his accumulated Gifts, not by the Buſhel, or by the Coome, but by the Barn-full. It was much he had compacted his own Portion to ſuch advantage, but it was not all, for, being warm in Favour, he got the Royal Grant for the Advancement of four more, who are worthy to be named. He ſpake and ſped for Dr. Davenant to be made Biſhop of Salisbury, who had plowed (that I may allude to Eliſha, 1 King. 19.19.) with twelve yoke of Oxen, and was now with the twelfth, when this Mantle was caſt upon him. Twelve years he had been Public Reader in Divinity in Cambridge, and had adorn'd the Place with much Learning, as no Profeſſor in Europe did better deſerve to receive the Labourer's Peny at the twelfth Hour of the Day. Beſide, what a Pillar he was in the Synod of Dort, is to be read in the Judgment of the Britain Divines, inſerted among the public Acts, his Part being the beſt in that Work, and that Work being far the beſt in the Compilements of that Synod. The Biſhopric of Exon being alſo then void, it came into the Lord-Keeper's head to gratifie a brace of worthy Divines, if he could attain it, his old Friends, who had been both bred in the Houſe of Wiſdom, with the Lord-Chancellor Egerton, Dr. Carew who had been his Chaplain, a man of great Reaſon and poliſh'd Eloquence, and Dr. Dunn who had been his Secretary, a Laureat Wit; neither was it poſſible that a vulgar Soul ſhould dwell in ſuch promiſing Features. The Succeſs was quickly decided, for theſe two prevailed by the Lord-Keeper's Commendation againſt all Pretenders; the Biſhopric of Exeter was conferred upon Dr. Carew, and Dr. Dunn ſucceeded him in his Deanery of St. Paul's. The See of St. David's did then want a Biſhop, but not Competitors: The Principal was Dr. Laud, a Learned Man, and a Lover of Learning. He had faſten'd on the Lord Marqueſs to be his Mediator, whom he had made ſure by great Obſervances. But the Arch-Biſhop of Canterbury had ſo oppoſed him, and repreſented him with ſuſpicion (in my judgment improbably grounded) of Unſoundneſs in Religion, that the Lord Marqueſs was at a ſtand, and could not get the Royal Aſſent to that Promotion. His Lordſhip, as his Intimates know, was not wont to let a Suit fall, which he had undertaken; in this he was the ſtiffer, becauſe the Arch-Biſhop's Conteſt in the King's Preſence was ſour and ſupercilious. Therefore he reſolved to play his Game in another hand; and conjures the Lord-Keeper to commend Dr. Laud ſtrenuouſly and importunately to the King's good Opinion, to fear no Offence, neither to deſiſt for a little Storm. Accordingly he watch'd when the King's Aſſections were moſt ſtill and paciſicous; and beſought His Majeſty to think conſiderately of his Chaplain the Doctor, who had deſerved well when he was a young Man in his Zeal againſt the Millenary Petition: And for his incorruption in Religion, let his Sermons plead for him in the Royal Hearing, of which no Man could judge better then ſo great a Scholar as His Majeſty.
75. Well, (ſays the King) I perceive whoſe Attorney you are, Stenny hath ſet you on. You have pleaded the Man a good Proteſtant, and I believe it: Neither did that ſtick in my Breaſt, when I ſtopt his Promotion. But was there not a certain Lady, that forſook her Husband and married a Lord, that was her Paramour? Who knit that Knot? Shall I make a man a Prelate, one of the Angels of my Church, who hath a flagrant Crime upon him. Sir, (ſays the Lord-Keeper very boldly) you are a good Maſter, but who dare ſerve you, if you will not pardon one Fault, though of a ſcandalous Size, to him that is heartily Penitent for it? I pawn my Faith to you, that he is heartily Penitent; and there is no other Blot that hath fullied his good Name. Vellcius ſaid enough to juſtifie Murena that had committed but one Fault, Sine hòc facinore potuit videri probus. You preſs well, (ſays the King) and I hear you with patience; neither will I revive a Treſpaſs any more, which Repentance hath mortified and buried. And becauſe I ſee I ſhall not be rid of you, unleſs I tell you my unpubliſh'd Cogitations; the plain Truth is, that I keep Laud back from all Place of Rule and Authority, becauſe I find he hath a reſtleſs Spirit, and cannot ſee when Matters are well, but loves to toſs and change, and to bring Things to a pitch of Reformation ſtoating in his own Brain, which may endanger the ſteadfaſtneſs of that which is in a good paſs, God be praiſed. I ſpeak not at random; he hath made himſelf known to me to be ſuch a one: For when three years ſince I had obtained of the Aſſembly of Perth to conſent to Five Articles of Order and Decency in correſpondence with this Church of England, I gave them Promiſe by Atteſtation of Faith made, that I would try their Obedience no further anent Eccleſiaſtic Affairs, nor put them cut of their own way, which Cuſtom had made pleaſing unto them, with any new Encroachments. Spotſwood, p. 543. Marqueſs Hamilton the King's Commiſſioner, in the laſt Parliament that ever he kept in Scotland, having Ratified the Five Articles of Perth by A… of Parliament, aſſured the People, that His Majeſty in his days ſhould not preſs any more Change on Alterations in matters of that kind without their Conſent.] Yet this man h…th preſſed me to invite them to a nearer conjunction with the Liturgy and Canons of this …tion; but I ſent him back again with the friv…lous Draught he had drawn. It ſeems I remembred St. Auſtin's Rule better then he, Ipſa mutatio conſuetudinis, ctiam quae adjuvat utilitate, novitate perturbat: Ep. 118. For all this he feared not mine Anger, but aſſaulted me again with another illfangled Platform, to make that ſlubborn Kirk ſtoop more to the Engliſh Pattern: But I durſt not play faſt and looſe with my Word. He knows not the Stomach of that People, but I ken the Story of my Grandmother the Queen Regent, That after ſhe was inveigled to break her Promiſe made to ſome Mutineers at a Perth Meeting, ſhe never ſaw good day, but … thence, being much beloved before, was deſpiſed of all the People. And now your … hath compel'd me to ſhrive my ſelf thus unto you, I think you are at your furtheſt, and have no more to ſay for your Client. May it pleaſe you Sir, (ſays the LordKeeper) I will ſpeak but this once: You have indeed convicted your Chaplain of an Attempt very Audacious, and very Unbeſeeming; my Judgment goes quite againſt his. C. Grac…hus mended nothing, but loſt himſelf in his Tribuneſhip, Qui nihil …, nihil tranquillum, nihil quietum, nihil denique in côdom ſtaturelinquebat. I am aſſured, he that makes new work in a Church, begets new Quarrels for Scriblers, and new Jealouſies in tender Conſciences. Yet I ſubmit this to Your Sacred Judgment, That Dr Laud is of a great and a tractable Wit. He did not well ſee how he came into this Error; but he will preſently ſee the way how to come out of it. Some Diſeaſes, which are very acute, are quickly cured. And is there no whee, but you musl carry it (ſays the King)? Then take him to you, but on my Soul you will repent it: And ſo went away in Anger, uſing other fierce and ominous Words, which were divulged in the Court, and are too tart to be repeated. So the Lord-Keeper procured to Dr. Laud his firſt Rochet, and retained him in his Prebend of …. a Kindneſs which then he mightily valued; and gave him about a year after a Living of about 120 l. per annum in the Dioceſe of St. David's, to help his Revenue: Which being unſought, and brought to him at Durham-Houſe by Mr. William Winn, his Expreſſion was, Mr. Winn, my Life will be too ſhort to require your Lord's Goodneſs. But how thoſe Scores were paid, is known at home and abroad: Which he that will excuſe, hath no way but to ſhift it upon an Adagie, Unum arbuſtum nen capit erithecos duos: He that would be Great alone, cares not whom he depreſſeth, that would be as Great as himſelf.
76. More cannot be required, to ſhew how great the Lord-Keeper's Credit was with the King, then that four Biſhopricks were beſtowed at once to three others with himſelf, for which he interpoſed. All three did then obſerve him with Congratulation as their Raiſer. Salisbury and Exeter were Men of faithful Acknowledgment in all their Life. Eſt tanti ut gratum invenias experiri vel ingratos, ſays Seneca: He that finds two faithful Men among three, is well requited. Our Saviour found but one among Ten, Luke 17.15. This Quaternion making ready for their Conſecration, a Calamity fell out, which put them all to their Studies, that they knew not which way to turn. The Arch-Biſhop of Canterbury, making a Summer Journey into Hampſhire, was welcom'd by the Lord Ze…nch, and invited to ſome Hunting-Sports in Bramſhill-Park about St. James-tide. The Arch-Biſhop, pretending to be a Wood-man, took a Croſs-bow to make a ſhot at a Buck. One of the Keepers did his Office to wind-leſs up the Deer to his ſtand, who too ſuddenly ſhot at a fair-headed Buck in the Herd. But his Arrow meeting with a ſmall Bought in the way, was caſt a little from the mark, and by an unhappy Glance, wounded the Keeper in the Arm. It was but a Fleſh-wound, and a ſlight one; yet being under the Cure of an heedleſs Surgeon, the Fellow died of it the next day. The like had never happen'd in our Church, nor in any other in the Perſon of a Biſhop and a Metropolitan, which made work for Learned Men to turn over their Books. Councils, and Canon-Laws, and Proviſo's of Caſuiſts, were ranſack'd, whoſe Reſolutions were unfavourable, and greatly to the prejudice of the Fact. It was clear in our Common-Law, that his Perſonal Eſtate was forfeited to the King, though it were Homicidium involuntarium. But he was quickly comforted, that he ſhould not Suffer in that: For, upon the firſt Tidings, His Majeſty, who had the Bowels of a Lamb, cenſured the Miſchance with theſe words of melting Clemency, That an Angel might have miſcarried in that ſort. The Arch-Biſhop was an happy man in this Unhappineſs, that many Hearts condoled with him; and many precious Stones were in the Breaſt-Plate which he wore, that Pleaded for him. He was Painful, Stout, Severe againſt bad Manners, of a Grave and a Voluble Eloquence, very Hoſpital, Fervent againſt the Roman Church, and no leſs againſt the Arminians, (which in thoſe days was very Popular) he had built and endowed a beautiful Eleemoſynary Manſion at Guilford, where he was born; he ſent all the Succors he could ſpare to the Queen of Bohemia the King's only Daughter; was a moſt ſtirring Counſellor for the Defence of the Palatinate; was very acceptable to the Nobility, and to the People both of this Realm, and of Scotland, where he had preach'd often 14 years before, when he was in the Train of the Earl of Dunbar. All thoſe Flowers in his Garland were conſidered ſeverally and mixtly, when this gloomy day of Misfortune bedarken'd him. And you may be ſure our Sovereign Lord thought it the more Pardonable, becauſe it was an Hunting Caſualty, and was very Humane to thoſe Harms beyond prevention, which fell out in that Sport wherein he greatly delighted. Therefore His Majeſty Reſolved, and gave it him in a Conſolatory Letter under his Hand, That He would not add Affliction to his Sorrow, nor take one Farthing from his Chattels and Moveables, which were Confiſcated by our Civil Penalties.
77. But it coſt more Labour to get out of the Eccleſiaſtical Brias; for many of our beſt adviſed Churchmen took it ſore to heart, and lamented for it, not without bitter Tears, for the Scandal which was fallen upon our Church in his Perſon, who in the Eye of General Councils and Canon-Laws was wonderfully Tainted, and made Uncapable to all Sacred Functions performing. Therefore, to come home to the caſe, they ſaid, God forbid thoſe Hands ſhould Conſecrate Biſhips, and Ordain Prieſts, or Adminiſter the Sacraments of Chriſt, which God, out of his ſecret Judgments, had thus permitted to be embrued in Human Blood. And ſome of the Prelacy profeſs'd, If they had fallen into the like miſchance, they would never have deſpaired of God's Mercy for the other Life, but from this World they would have retired, and beſoughts His Majeſty for a Penſion to ſupport them in their ſequeſtred Sadneſs, where they might ſpend their Days in Faſting and Prayer. It was vehemently conſidered, that our Hierarchy was much quarrel'd with and oppoſed by our own Fugitives to the Church of Rome, who would faſten upon this Scandal, and upon it pretend, againſt our conſtant Succeſſion, (hitherto undemoliſh'd) with all the Malice that Wit could excogitate. And indeed they began already: For the Fact was much diſcourſed of in Foreign Univerſities, who were nothing concerned; eſpecially our Neighbours the Sorboniſts at Paris, 'foreign, 1 Pet. 4.15. over-buſie to have an Oar in our Boat, Diſputing it three ſeveral times in their Schools, and concluded the Accident to amount to a full Irregularity, which is an Incapacity to exerciſe any Eccleſiaſtical Act of Order, or Juriſdiction. His Majeſty, upon the eruption of theſe Scruples, was called up to think ſeriouſly, that his Sweetneſs and Compaſſion did not leave a Slur upon this Church, which himſelf, under Chriſt, had made ſo Glorious. It belonged to the four Biſhops Elect to be moſt Circumſpect in this matter, expecting their Conſecration ſhortly, and to be informed, whether they ſhould acknowledge that the Power of an Arch-Biſhop was Integral and Unblemiſh'd in a caſual Homicide, and ſubmit to have his Hands laid upon their Heads. Dr. Davenant ſhewed Reaſon, That it behoved him not to be ſeen in the Oppoſition, becauſe the Arch-Biſhop had Preſented him to the rich Parſonage of Cotnam, not far from Cambridge. It was well taken, for among honeſt Pagans a Beneſiciary would not contend againſt his Patron. Howſoever ſuch as knew not the wherefore, were the more benevolous to the Arch-Biſhop's miſfortune, becauſe ſo great a Clerk ſtood off, and meddled not. The Rhodian's Anſwer in Plutarch was not forgotten, who was baited by his Accuſers all the while that the Judge ſaid nothing: I am not the worſe for their Clamours, (ſays the Defendant) but my Cauſe is the better that the Judge holds his peace; Non refert quid illi loquantur, ſed quid ille taceat. The other three, without Davenant, ſtirred in it the moſt they could, to decline this Metropolitan's Conſecreation; not out of Enmity, or Superſtition, but to be wary, that they might not be attainted with the Contagion of his Scandal, and Uncanonical Condition. The Lord-Keeper appearing for the reſt, writes thus to the Lord Marqueſs, as it is extant, Cabal, p. 55.
MY Lord's Grace, upon this Accident, is by the Common-Law of England to forfeit all his Eſtate to His Majeſty, and by the Canon-Law, which is in force with us, irregular Ipſo facto, and ſo ſuſpended from all Eccleſiaſtical Function, until he be again reſtored by his Superior, which, I take it, is the King's Majeſty in this Rank, and Order of Eccleſiaſtical Juriſdiction. I wiſh with all my heart His Majeſty would be as Merciful as ever He was in all his Life. But yet I hold it my Duty to let His Majeſty know by your Lordſhip, that His Majeſty is fallen upon a Matter of great Advice and Deliberation. To add Affliction to the Afflicted, as no doubt he is in Mind, is againſt the King's Nature. To leave a Man of Blood Primate and Patriarch of all his Churches, is a thing that ſounds very harſh in the old Councils, and Canons of the Church. The Papiſts will not ſpare to deſcent upon the one and the other. Heave the Knot to His Majeſties deep Wiſdom to Adviſe and Reſolve upon.
A gentler Hand could not touch a Sore; yet I think of his Judgment in this Point, as Sealiger did of the ſine Poet Fracoſtorius, Ab ſuâ ipſe magnitudine deſcendiſſe credi poteſt aliquando; He flew lower at this Game, then the pitch of his wonted Wiſdom. For the Queſtion did hang yet upon this Pin, Whether there were a Sore to be cured? His Lordſhip had look'd attentively into the Canoniſts, whom he could cite by rote with his happy Memory. Their Decretals and Extravagants Un-biſhop a Man that kill'd a Man, and meant a Beaſt; nay further, if the Biſhop's Horſe did caſt the Groom that water'd him into a Pond, and drown'd him. But if we Appeal from them to higher and better Learning, their Rigour will prove Ridiculous. The Fact is here confeſs'd: But is Sin in the Fact, or in the Mind of the Facient? Omne peccatum in tantum eſt peccatum, in quantum eſt voluntarium. This is the Maxim of the Schools upon actual Sins, and a true one; A guilty Mind makes a guilty Action: An unfortunate Hand concurs often with an innocent Heart. Quis nomen unquam ſccleris errori indidit? Put the Caſe that theſe Writers are very inclinable to have Abſolution granted incontinently to ſuch Contingencies; but to keep a buſtle, whether Abſolution is to be given or not, when there is no fault, is to abuſe the Power of the Keys. Irregularities in that Superſtitious Latin Church are above Number; what have we to do with them? That we did cut them off, we did not name it indeed in our Reformation under Edward the Sixth, &c. for they were thrown out with Scorn, as not to be mention'd, among ejected Rubbiſh. For we perceived they were never meant to bind, but to open, I mean the Purſe. He that is Suſpended, may entangle himſelf from the Cenſure with a Bribe. The Canoniſts are good Bone-letters for a Bone that was never broken; their Rubrics are filled with Punctilio's, not for Conſciences, but for Conſciuncles; Haberdaſhers of ſmall Faults, and palpable Brokers for Fees and Mercinary Diſpenſations. Therefore thoſe plain-dealing, and blunt People among the Helvetians, otherwiſe Clients of the Roman Party, ſerv'd them very well, as Simler hath Page 64. of his Hiſtory, Cum Papa Rom, acceptà pecuniâ Matrimonium contra canones conceſſerat, populus recognitâ ſtatuit, Si divitious pecunià numeratâ hoc licitum ſit, etiam pauperibus abſque pecunid fas eſſc. And a little before, Pag. 135.when thoſe poor Cantoners could not enjoy their own in quiet, for the Rent-gatherers of the Court of Rome, they bid them keep off at their own peril, with this popular Edict; Si pergant nundinatores bullarum jus urgere, in vincula conjiciontur; & ni huic renuntient aquis ſubmorgantur, ſcilicet ut ita bullae bullis eluantur. Such reſolute Men as theſe were too rude to be cozen'd. So Irregularities ſhould be uſed, which are invented for the Proſit of Diſpenſative Graces; having nothing in them to Unſanctiſie the Order of a Biſhop by Divine Law, or the Law of Nature, becauſe they can be wiped away with a Feather, if it be a Silver Wing, and the Feathers of Gold. But becauſe theſe double Doctors of Canon and Civil Laws, will pretend to ſome Reaſon in their greateſt Folly, it is not amiſs to repeat the beſt Objection, with which they ſtiffen their Opinion. Thus they divide the Hoof: That if one by chance-medly kills a Man, being then employed in nothing that is evil, or improper to him and his Calling, he is to be Acquitted by a formal Pardan as an Innocent; but if he were acting in Indebitâ materia, when he did it, then it is to be gathered, that God did give him up to that miſchance, that he might be diſciplined for his Extravagancy by the Cenſure of the Church. Now take the Illation, That the Arch-Biſhop fell into this Misfortune being unduly employed, many Synods having prohobited Hunting to all Species of the Miniſtry. Maldonatus, lib. 2. de Sacr. p. 254. Quod nonnulli dicum irregularom eſſe Saccrdotom, qui d…ns operam …nationi, juod illi non licebat, homimm interſecit, putans ſe feram interſicere, falſum eſi. Sir H. Martin anſwered, That Employment in undue matter is to be underſtood of Evil ſimply in it ſelf, Non de malo quia prohibitum; not in a thing clearly lawful, if it were not prohibited. Are Clerks reſtrained from Hunting? No wonder. So they are by ſome Synodical Rules from playing at Tennis. What mean ſuch auſtere Coercions? Nothing but to keep them from exceſs of Pleaſure and Idieneſs, which turn to be Avocations of their Studies, and Attendance on the Church of Chriſt. That in particular Hunting is no Unprieſtly Sport by the Laws of England, may thus be proved: For every Peer in the higher Houſe of Parliament, as well Lords Spiritual as Temporal, hath Permiſſion by the Charta de Forcſtà, when after Sunmons he is in his Journey to the Parliament, and not elſe, to cauſe an Horn to be ſounded, when he travels through any of the King's Foreſts, and to kill a brace of Bucks, ſignification being given of his Intent to the Verdurers.
78. The King had perſect knowledge how theſe Things were diſcuſs'd. He ſaw that whether the Perſon of the Arch-Biſhop were tainted by this Fact or not, yet his Metropolitical Function was unſettled in many men's Opinions; he heard, that the Acts of Spiritual Courts were unſped, and came to no end, till Sentence were pronounced one way or other by the Supreme Authority. Therefore a Commiſſion was directed from His Majeſty to ten Perſons, to meet together for this purpoſe about the beginning of October. Theſe were the Lord-Keeper; the Biſhops of London, Winton, and Rocheſter; the Elects of Exeter, and St. Davids; Sir Harry H…bart, Lord-Chief-Juſtice of the Common-Pleas; Sir John Dodderidge, one of the Juſtices of the Kings-Bench; Sir H. Martin, Dean of the Arches; and Dr. Steward, eſteemed the Papinian of Doctors-Commons. Theſe began to lay their Heads together upon the Third of October, and then Conſer'd upon the manner of their Proceeding: The Lord Hobart, and Sir H. Martin affecting, that his Grace ſhould ſend Counſel to Plead before them; from which, the reſt diſſented: Firſt, Becauſe no ſuch Privilege was allowed him in the King's Letters directed to the Commiſſioners. Secondly, Becauſe the Honour of the King, and the Seandal of the Church, which as yet made the adverſe Party have no Counſel on their ſide. Thirdly, Becauſe His Majeſty required Information from thoſe ten upon the nature of this Fact, relying upon their Knowledge, Learning, and Judgments, but not referring the Matter to their final Deciſion and Determination. Indeed their Work, to prevent Excurſions, was laid out in three Queſtions, which they were commanded to Reſolve, and to Act no further. And thoſe were Debated till the 27th of that Month, and in the end Decided with great Diſagreement of Opinions. The firſt Queſtion, Whether the Arch-Biſhop were Irregular by the Fact of Involuntary Homicide? The two Judges, and the two Civilians did agree, That he was not Irregular; and the Biſhop of Winton, who was a ſtrong Upholder of Incontaminate Antiquity, coming to the ſame ſenſe, ſaid, He could not conclude him ſo: The other five held, He was Irregular. The ſecond Queſtion, Whether that Act might tend to a Scandal in a Church-man? The Biſhop of Winton, the Lord Hobart, and Dr. Steward, doubted: All the reſt Subſcribed, That there might ariſe from ſuch an Accident, Scandalum acceptum, non datum; a Scandal taken, but not given. The third Queſtion, How my Lord's Grace ſhould be reſtored, in caſe the King ſhould follow the Deciſion of thoſe Commiſſioners, who had found him Irregular? All agreed it could no otherwiſe be done, then by a Reſtitution from the King: In the manner they varied. The Biſhop of Wi…ch…ſ…er, Lord Hobart, Dr. Steward, were of one mind to have it done immediately from the King, and from him alone in the ſame Patent with the Pardon. The Lord-Keeper, Biſhops of London, Rocheſter, Exon, and St. Davids, to be directed to ſome Biſhops by a Commiſſion from the King, to be tranſacted in a fo…mal Abſolution Church-wiſe, Manu Clericali. Judge Dodderidge, and Sir Harry Ma…in, were willing to have it done both ways for abundant Caution. The whole Buſineſs was ſubmitted to His Majeſty to determine it, who took the ſhorteſt courſe to ſhew Mercy: Sprevit caeleſtis animus humana conſilia, as Velleius ſaid of C. Cae…ar. So by his Broad-Seal He aſſoiled the Arch-Biſhop from all Irregularity, Scandal, or Infamation, pronouncing him to be capable to uſe all Metropolitical Authority, as if that ſiniſtrous Contigency in ſpilling Blood had never been done. A Princely Clemency, and the more to be Extoll'd, becauſe that Arch-Biſhop was wont to diſſent from the King as often as any man at the Council-Board. It ſeems he loved him the better for his Courage and Sincerity: For it was he that ſaid to Jo. Spotſwood Arch-Biſhop of St. Andrews, telling His Majeſty, That if he wrote an Hiſtory of the Church of Scotland, to which Labour he was appointed, he could not approve of his Mother in all things that ſhe did. Well, (ſays the King) ſpeak the Truth, and ſpare not Words, after Salomon's Praiſe, which are Apples of Gold in Pictures of Silver.
79. But becauſe when our Arch-Biſhop's Unfortunateneſs was recent, it appeared far worſe to ſome ſcrupulous Eccleſiaſtics, then it did in proceſs of time; therefore the Lord-Keeper, with the two other Elects, caſt themſelves at His Majeſties Feet, and beſought Him, That ſince they had declared before God, and the World, what they thought in that dubious Caſe, they might not be compel'd, by wounding their Conſciences, to be Conſecrated by him, but be permitted to receive that Solemnity from ſome other Biſhops, which was warrantable by His Majeſties Laws. This was eaſily granted, and the Lord-Keeper was Conſecrated in the Chappel of King Henry the Seventh at Weſtminſter on the 11th day of November following, by the Biſhops of London, Worceſter, Ely, Oxford, Landaff: And the Elects of Sarum, Exeter, St. Davids, in the Chappel of the Biſhop of London's Palace Nov. 18. by the ſame Reverend Fathers. From henceſorth the ſuſpicion of the Irregularity was brought aſleep, and never waken'd more. Mr. H. L. is quite miſtaken, pag. 71. of his Hiſtory: 'It is true, the Arch-Biſhop, an. 1627. was Commanded from his Palaces of Lambeth and Croydon, and ſent to a Mooriſh Houſe in Kent called Foord, but not, as he conceives it, that the Impulſive of it was the ſuppoſed Irregularity, which was then reviv'd, but becauſe he would not Licence a Sermon of Dr. Sibthorp's, which the King ſent to him by Mr. W. Murry of the Bed-chamber, for his Hand to the Printing, which he denied, ſaying, There was ſome Doctrine in the Sermon which was contrary to his Judgment. I write (I confeſs) by hear-ſay; but I heard it from his own mouth, and have it in a Manuſcript under his own Hand. It had been a wild thing to rake up the Irregularity again out of the Embers, ſince in the interim he had Conſecrated many Prelates; nay ſince he had Conſecrated the Elements of Chriſt's Supper at the King's Coronation, and ſet the Crown upon His Majeſties Head. And not long after he returned from Foord to a Parliament Summon'd to begin March 17. 1627. he Conſecrated that Learned Divine Mr. Richard Montagu, Promoted to the See of Chicheſter, at Croydon, Aug. 24. 1628. Yet that great Scholar had Preſented his ſtudied Papers for the Irregularity to the Lord-Keeper more then any man. But now he was ſatisfied to be Conſecrated by the whilom Irregular ſuppoſed. And at the ſame time Dr. Laud, then Biſhop of London, was Aſſiſtant with the Arch-Biſhop to impoſe Hands. Such Changes there are in Human Judgments.
80. Perhaps I may be thought Irregular my ſelf, that I have knit the Election and Conſecration of the Biſhop of Lincoln to the long Series, and Diſcuſſion of this famous Caſe I crave Pardon, if I want one. Now I ſtep back to the Lord-Keeper, who before the end of June was a Keeper of more then he deſired, the Earl of Southampton, one of his deareſt Friends on Earth, being committed a Priſoner to his Cuſtody. A worthy Lord, and of a gallant Freedom, yet ſuch as leſs then Kings do not like. In the Seſſion of Parliament, which was then newly ended, he was interpreted to exceed in ſome words againſt the Royal Prerogative, a Stone of Offence that lay in many men's ways. Beſide he had Rebuk'd the Lord Marqueſs of Buckingham with ſome Paſſion and Acrimony for ſpeaking often to the ſame thing in the Houſe, and out of Order. Therefore he was Confined; but with as much Gentleneſs as could be deviſed, rather to a Nurſe, then a Jaylor. But the Lord-Keeper, though he lik'd his Gueſt, yet he preferred his Liberty before that Liking, and never gave over till he had got his Enlargement, diſcharged him from the Attendance of Sir William Parkhuſt, (who, as a Spy, was ſent to wait upon him at Tichfield) that he might be leſt only to the Cuſtody of his own good Angel, as he writes, Cabal, p. 59. Likewiſe, in Tenderneſs to the Earl's Wealth and Honour, he kept him from an Information in Star-chamber, which was threatned; and buoy'd him up at laſt to the King's Favour, ſo as he might rather expect new Additions, then ſuſpect the leaſt Diminution from his Gracious Majeſty. Though all this came purely from his Love and Induſtry; yet of all that was obtained, he would take nothing to himſelf, but directed the Earl to caſt his Eye upon my Lord of Buckingham, Of whoſe extraordinary Goodneſs, (ſays he) your Lordſhip and my ſelf are remarkabe Reflections, the one of his Sweetneſs in forgetting Wrongs, the other of his Forwardneſs in conſerring Court ſies. Theſe Paſſages occur in the Printed Bundle. But there is a Letter, the Publiſher of the former did not meet with it, dated two days before, Jul. 19. written to the Lord Marqueſs, in behalf of that Honourable Earl, and likewiſe of Mr. J. Selden, (my great Friend while he lived) who was clap'd up at the ſame time, becauſe being a Member of the Houſe of Commons in that Parliament, he had preferred the danger of telling Truth, before the ſafety of Silence. Thus for them both together he Solicites.
My moſt Noble Lord,
WHat true Applauſe and Admiration the King and your Honour have gained for that gracious, and moſt Chriſtian-like Remorſe ſhewed the E. of Southampton, a Delinquent by his own Confeſſion, I refer to the Relation of others, leſt I might be ſuſpected to amplifie any thing, which my ſelf had propounded. The Earl, if he be a Chriſtian, or a moral honeſt Man, will endeavour to regain His Majeſty's further Favour by more obſervance, and to requite your unexpreſſible Goodneſs towards him by all true and hearty Friendſhip, both which he deeply Vows and Proteſts. Now poor Mr. Selden flies to the ſame Altar of Mercy, and humbly Petitioneth your Lordſhip's Mediation and Furtherance. He, and the World, take knowledge of that Favour your Lordſhip hath ever offorded my motions, and my ſelf without the motion of any, and ſo draweth me along to Entreat for him. The which I do the more boldly, becauſe by his Letter incloſed he hath utterly denied, that ever he gave the leaſt Approbation of that Power of Judicature lately uſurped by the Houſe of Commons. My Lord, The man hath excellent Parts, which may be diverted from an Affectation of Applauſe of idle People to do ſome good and uſeful Service to His Majeſty. He is but young, and this is the firſt Offence that ever he committed againſt the King. I preſume therefore to leave him to your Lordſhip's Mercy and Charity.
Theſe ſoft words mollified Anger, and Mr. Selden was Releaſed by the next Pacquet that came from the Court in progreſs. If the Stoics had been wiſe men, truly the Lord-Keeper had been none, for they pronounced with their Maſter Zeno in Laertius, foreign, That wiſe Men are not Pitiful. But inſooth there was never a greater Stickler then he to bring Afflicted Ones out of Durance and Miſery, when he could effect it by Power and Favour; none that lent their hand more readily to raiſe up thoſe that were caſt down. But if a Gentleman of Mr. Selden's merit were under the peril of Vindicative Juſtice, he would ſtretch his whole Intereſt, and caſt his own Robe, as it were, to ſave him. When he had brought him to Liberty, he ſtay'd not there. He perceived his Fortune in thoſe days was not equal to his Learning; therefore he conferred the Regiſterſhip of the College of Weſtminſter upon him, not meaning to hinder his Growth with a Garment that was too little for him; but he procured a Chapman that gave him 400 l. for his Right in the Place: A Courteſie which Mr. Selden did never expect from the Giver, and was repaid with more Duty and Love, then the Giver could ever have expected from Mr. Selden. And although that ſingular good Scholar Mr. Montagu did never agree with Mr. Selden, as their Adverſe and Polemical Writings about the Right of Tithes do evidence; yet the Lord-Keeper made them both agree in his Favour and Patronage: Which Mr. Montagu hath proclaimed abroad in his Treatiſe of Invocation of Saints, Licenſed for the Preſs with his Lordſhip's own Hand, in Right as he was his Viſitor in the Colleges of Windſor and Eaton. His Words may be found in the Epiſtle Dedicatory to that Treatiſe, as follow: Let the World take notice, if it may concern any, your Honour is be, unto whom, next unto His moſt Sacred Majeſty, my moſt Gracious Sovereign and Maſter, I owe more then to all the World beſide: Profeſſing unſeignedly in the word of a Prieſt, F…ciſti ut vivam & moriar ingratus.
81. The Lord-Keeper being ſo great a Dealer in the Golden Trade of Mercy, and ſo ſucceſsful, he followed his Fortune, and tried the King and the Lord Marqueſs further in the behalf of ſome, whom their dear Friends had given over in Deſpair to the Deſtiny of Reſtraint. And thoſe were of the Nobles: For he carried a great regard to their Birth and Honour; and knew it was good for his own ſafety to deſerve well of thoſe high-born Families. The Eaſt of Nerthumberland had been a Priſoner in the Tewer above 15 years. His Confidents had not Conſidence and a good Heart, I ſay not to Petition, but to diſpute with the King, how ripe the Earl was for Clemency and Liberty. … Majeſty was very merciful, but muſt be rubb'd with a Fomentation of hi… … Oyl, to make him more ſupple. This dextrous Stateſman infuſeth into … how to compaſs the Deſign, with what Inſinuations and Argum… … were improved with the Earl's demulcing, and well-languag'd Phraſes. And when it came to ſtrong Debate, the Lord-Keeper got the better of the King in Reaſon. So the Phyſic wrought as well as could be wiſh'd, and on the 18th of July the Earl of Northumberland came out of the Tower, the Great Ordnance going off to give him a joyful Valediction: Who turned his Thoughts to conſider the Work of God, that a Stranger had wrought …, Comfort for him in his old Age, whoſe Face he had ne… never purchaſed by any Benefit, nor courted ſo much as by the me…age of a Salutation: Which his Lordſhip compared to St. Peter's Deliverance by the Angel of God, Acts 12. when Peter knew not who it was that came to help him. Though not in order of Time, yet in likeneſs of Condition the Earl of Oxford's Caſe is to be ranked in the ſame File. It was in April in the year following that he was ſent to the Tower, betrayed by a falſe Brother for raſh Words, which heat of Wine caſt up at a merry meeting. His Lordſhip's Enemies were great and many, whom he had provoked; yet after he had acquainted the Lord-Keeper with the long Sadneſs of his Reſtraint in a large Letter, (which is preſerved) he wrought the Earl's Peace and Releaſment, conducted him to the King's Chamber to ſpend an hour in Conference with His Majeſty, from whence a good Liking was begot on both ſides. Whom thereupon that Earl took for his truſty, and wiſeſt Friend, uſing his Counſel principally how to Husband his Eſtate, and how to employ his Perſon in ſome Honourable Service at Sea, that the Disſoluteneſs of his Hangers-on in the City might not ſink him at Land. The Lord-Keeper did as much for the Earl of Somerſet in Chriſtmas-time before, bringing him by his mediation out of the Houſe of Sorrow, wherein he had continued above five years, that he might take freſh Air, and enjoy the comfort of a free Life; which was affected by him to gratiſie the ſplendid and ſpreading Family of the Howards. And they were all well pleaſed with him, as were the greateſt part of the Grandees, except the Earl of Arundel, for a Diſtaſt taken, of which the Lord-Keeper need not be aſhamed.
82. Within Six Weeks after he was ſettled in that Office, the Earls Secretary brought two Patents to be Sealed, the one to beſtow a Penſion of 2000 l. per annum upon his Lord out of the Exchequer, which was low mow'n, and not ſit to bear ſuch a Crop; beſide the Parliament, which was to meet again in the Winter, could not chooſe but take Notice, what over-bountiful Iſſues were made out of the Royal Revenue to a Lord, that was the beſt Landed of all his Peers. Yet the Seal was put to, with a dry aſſent, becauſe there was no ſtopping of a Free River. With this Patent came another, to confer the Honour of the Great Marſhal of England upon the ſame Noble Perſonage. The Contents of it had ſcarce any Limits of Power, much exceeding the ſtreit Boundaries of Law and Cuſtom. The Lord Keeper ſearching into the Precedents of former Patents, when the ſame Honour was conſer'd, found a great inequality, and doubted for good Cauſe, that this was a device to lay his unfitneſs for his great place Naked to the World, if he ſwallowed this Pill. But nothing tended more to the praiſe of his great Judgment with His Majeſty. He writes to my Lord of Buckingham to acquaint the King, that he thought His Majeſty intended to give to greater Power, than the Lords Commiſſioners had, who diſpatch'd Affairs belonging to that Office joyntly before him; and that all Patents refer to the Copy of the immediate Predeceſſors, who were the Earls of Eſſex, Shrewsbury, and Duke of Somerſet; but my Lord leap'd them over, and claim'd as much as the Howards and Mowbries, Dukes of Norfolk, did hold, which will enlarge his Authority beyond the former by many Dimenſions. There is much more than this in the Cabal of Letters p. 63. And much more than I meet there in his own private Papers. The King was much ſatisfied with the Prudence and Courage of the Man, that he had rather diſplay theſe Errors, than commit them for fear of a mighty Frown; ſo the Earls Counſel were appointed to attend the Lord Keeper, who joyning their hands together examin'd the Obliquities of the Patent, and alter'd them. What would have follow'd if it had paſs'd entire in the firſt Draught? For being ſo much corrected and Caſtrated, yet the proceedings of the Court of Honour were a Grievance to the People not to be ſupported: The Decrees of it were moſt uncertain, moſt Arbitrary, moſt Imperious: Nor was there any Seat of Judgment in the Land wherein Juſtice was brought a bed with ſuch hard Labour: Now I invite the Reader, if he pleaſe to turn to the 139 pag. of Sir An. Wel. Pamphlet, and let him ſcore a Mark for his Remembrance at theſe Lines, That Williams was brought in for this Deſign to clap the Great Seal, through his Ignorance in the Laws, to ſuch things, that none that underſtood the danger, by knowing the Laws, would venter upon. This Knight when he is in a Courſe of Malice is never out of his Way; but like an egregious Bugiard here he is quite out of the Truth. For the New Lord Keeper walk'd ſo Circumſpectly, that he ſeem'd to fear an Ambuſh from every Grant that was to paſs for the uſe of encroaching Courtiers; if any thing were Ambiguous or Dangerous he was not aſham'd to call for Counſel: If any thing were preſt againſt Rule he was inexorable. foreign. Eth. He kept conſtant to Juſtice in its Flat Square. I could be Luxuriant in inſtances; nothing is eaſier then to obſerve two which are in Print already. But Twelve days after he was ſworn Lord Keeper Mr. Secretary Calvert wrote to him, and uſed the King's Name, and to make all the ſtronger, the Spaniſh Ambaſſadors Mediation was not wanting, to deliver one Rockweed a Papiſt out of the Fleet. Not a jot the ſooner for all this; but he excuſeth his Rigor to the Lord Marqueſs Cabal. p. 62. That he would not inſame himſelf in the beginning to break his Rules ſo foully; which he was Reſolv'd to keep ſtraight againſt ah Men whatſoever. Another of the ſame Stamp, pag. 65. One Beeſton had been committed from the Power of the High Court of Chancery, loathing this Captivity he beſought this New Officer to be Releas'd, and was denied; he Cries out for Mercy to the King, Roars out that the Parliament might hear him, follows the Lord Bucking. with his Clamors, who adviſed the Keeper to conſider upon it. It is a Maxim indeed in Old Colwnella, lib. 6. c. 2. pervicax contumacia plerum que ſaevientem fatigat, &c. Boiſterous Importunity thinks to fare better then modeſt Innocency; but he gave the Lord Marqueſs this Anſwer. My Noble Lord. Decrees once made muſt be put in Execution; Elſe I will confeſs this Court to be the greateſt Impoſture and Grievance in the Kingdom. The Damned in Hell do never ceaſe repining at the Juſtice of God; Nor the Priſoners in the Fleet at the Decrees in Chancery. In the which Hell of Priſoners this one for Amiquity and Obſtinacy may paſs for a Lucifer. I neither know him, nor his Cauſe, but as long as he ſtands in Contempt, he is not like to have any more Liberty. A Lion may be judg'd by theſe two Claws of his Pounce.
83. And now I have paſt over theſe exordial Marks of his Demeanour and ſufficiency before the Term began. Upon the firſt day of it, when he was to take his Place in Court, he declined the Attendance of his great Friends, who offered, as the manner was, to bring him to his firſt ſettling with the Pomp of an nauguration. But he ſet out Early in the Morning with the Company of the Judges, and ſome few more, and paſſing through the Cloyſters into the Abby, he carried them with him into the Chappel of Henry the Seventh, where he Prayed on his Knees (ſilently, but very Devoutly, as might be ſeen by his Geſture) almoſt a quarter of an hour, then Riſing up chearfully, he was Conducted with no other Train, to a Mighty Confluence that expected him in the Hall, whom from the Bench of the Court of Chancery, he Greeted with this Speech.
MY Lords and Gentlemen all. I would to God my former Courſe of life, had ſo qualified me for this Great Place (wherein by the Will of God, and the ſpecial Favour of the King I am for a time to beſtow my ſelf) that I might have fallen to my Buſineſs, without any farther Preface or Salutation. Eſpecially conſidering, that, as the Orator obſerves, Id ipſum dicere nunquam ſit non ineptum, niſi cum eſt neceſſarium. This kind of Orationing hath ever a Tincture of levity, if it be not occaſion'd by ſome urgent Neceſſity. For my own part, I am as far from Affecting this Speech, as I was from the Ambition of this Place. But having found by private Experience, that ſudden and unexpected Eruptions put all the World into a Gaze and Wonderment, I thought it moſt convenient to break the Ice with this ſhort Deliberation, which I will limit to theſe two Heads, my Calling, and my Carriage in this Place of Judicature.
84. For my Calling unto this Office, it was (as moſt here preſent cannot but know) not the Cauſe, but the Effect of a Reſolution in the State, to Change or Reduce the Governour of this Court from a Profeſſor of our municipal Laws to ſome one of the Nobility, Gentry, or Clergy of this Kingdom. Of ſuch a Concluſion of State (quae aliquando incognita, ſemper juſta) as I dare not take upon me to diſcover the Cauſe, ſo I hope I ſhall not endure the Envy. Peradventure the managing of this Court of Equity doth Recipere magis, & minus, and is as ſoon diverted with too much, as too little Law. Surely thoſe Worthy Lords, which to their Eternal Fame, for the moſt part of an hundred years Govern'd and Honour'd this Noble Court, as they Equall'd many of their own Profeſſion in the knowledge of the Laws; ſo did they excel the moſt of all other Profeſſions in Learning, Wiſdom, Gravity, and mature Experience. In ſuch a Caſe, it were but Poor Philoſophy to reſtrain thoſe Effects to the former, which were produced and brought forth by thoſe latter Endowments. Examine them all, and you ſhall find them in their ſeveral Ages to have the Commendation of the Compleateſt Men, but not of the deepeſt Lawyers. I except only that mirror of our Age and Glory of his Profeſſion my Reverend Maſter, who was as Eminent in the Univerſal, as any other one of them all in his choiceſt particular. Sparguntur in omnes, Uno hoc miſta fluunt, & quae diviſa beatos efficiunt, conjuncta tenet. Again, it may be the continual Practiſe of the ſtrict Law, without a ſpecial mixture of other knowledge, makes a Man unapt, and undiſpoſed for a Court of Equity. Juris Conſultus ipſe per ſe nihil niſi leguleius quidam cautus & acutus, as M. Craſſus was wont to define him. They are (and that cannot be otherwiſe) of the ſame Profeſſion with the Rhetories at Rome, as much uſed to defend the Wrong, as to Protect and Maintain the moſt upright Cauſe. And if any of them ſhould prove corrupt he carries about him, armatam nequitiam, that skill and Cunning to palliate the ſame, that that miſ-ſentence, which pronounced by a plain and underſtanding Man, would appear moſt Groſs and Palpable; by their Colours, Quotations and Wrenches of the Law, would be made to paſs for Current and Specious. Some will add hereunto the Boldneſs and Confidence, which their former Clients will take upon them, when, as St. Auſtin ſpeaks in another Caſe, They find, That Man to be their Judg, who but the other day was their hired Advocate. Marie that depraedandi Memoria, as St. Jerom calls it, That promneſs to take Mony, as accuſtom'd to Fees, is but a Baſe and Scandalous Aſperſion, and as incident to the Divine, if he want the Fear of God, as to the common Lawyer, or moſt Sordid Artizan. But that that former Breeding and Education in the ſtrictneſs of Law, might (without good Care and Integrity) ſomewhat indiſpoſe a Practiſer thereof, for the Rule and Government of a Court of Equity; I Learned long ago from Plinius Secundus, a moſt Excellent Lawyer in his time, and a Man of ſingular Rank in the Roman Eſtate; for in his 2, 3, and 6 Epiſt. Making Compariſon between the Scholaſtici, as he calls them, which were Gentlemen of the better ſort, bred up privately in feigned pleadings, and Schools of Eloquence, for the qualifying of themſelves for Civil Employments; And another ſort of Gentlemen termed Forenſes, who were Pleaders at the Bar, and Trained up in real Cauſes, he makes the former more Innocent and Harmleſs a great deal then the latter, and yields hereof the principal Reaſon. Nos enim qui in foro veriſ que litibus terimur, multum malitiae, quamvis nolimus, addiſcimus. For we, ſaith he, That are bred in Real Quirkes, and perſonal Contentions, cannot but Reſerve ſome Tang thereof, whether we will, or no. Theſe Reaſons, though they pleaſe ſome Men, yet, God be Praiſed, if we do but Right to this Noble Profeſſion, they are in our Common-Wealth no way concluding or Demonſtrative. For I make no queſtion, but there are many Scores, which profeſs our Laws, who, beſide their Skill and Practice in this kind, are ſo Richly enabled in all Moral and Intellectual Endowments, Ut omnia tanquam ſingula perſiciant, that there is no Court of Equity in the World, but might be moſt ſafely committed unto them: I leave therefore the Reaſon of this Alteration as a Reaſon of State not to be Fathom'd by any Reaſon of mine, and will ſay no more of my Calling in the General.
85. Now when I reflect upon myſelf in particular, Quis ſum ego? aut quis Filius Iſhai? What am I, or what can there be in me in Regard of Knowledg, Gravity, or Experience, that ſhould afford me the leaſt Qualification in the world, for ſo weighty a Place? Surely if a Sincere, Upright, and well-meaning Heart doth not cover Thouſands of other Imperfections, I am the unfitteſt Man in the Kingdom to ſupply the Place. And therefore muſt ſay of my Creation, as the Poet ſaid of the Creation of the World, Materiam noli quaerere, nulla fuit. Trouble not your Heads to find out the Cauſe, I confeſs there was none at all. It was (without the leaſt Inclination or thought of mine own) the immediate work of God and the King: And their A…ions are no ordinary Effects, but extraordinary Miracles. What then? Should I beyond the Limits and Duty of Obedience deſpond, and refuſe to make ſome few years Tryal in this place? Nor, - Tu…s, O Jacobe, quod optas Explorare labor, mihi juſſa capeſſere fas eſt. I will therefore conclude this Point with the Excuſe of that Poet, whom the Emperor Gratian would needs enforce to ſet out his Poem, whether he would or no. Non habeo ingenium, Caefar ſed juſſit, habebo. Cur me poſſe negem, poſſe quod ille putet? I am no way fit for this great Place, but becauſe God and the King will have it ſo, I will endeavour, as much as I can, to make my ſelf fit, and put my whole confidence in his Grace and Mercy, Qui neminem dignum Eligit, ſed eligendo dignum facit, as St. Auſtin ſpeaks. And ſo much of my Calling, now I come unto my Carriage in this Place.
86 It is an Obſervation which Tully makes, In cauſis dicendis effugere ſolebat Antonius, ne ſuccederet Craſſo, Antonius was ever afraid to come after Craſſus, a moſt Eloquent and Powerful Orator. And the greateſt diſcouragement I find in this Place is, that I am to come after (after indeed, nec paſſibus aequis) my two immediate Predeceſſors, the one of … Excellent in moſt things, the other in all things. But both of them ſo bred in this Courſe of Life, Ut illis plurimarum reruni agitatio frequens, nihil eſſe ignotum patiobatur; as Pliny ſpeaks of the Pleaders of his time. It were too much to expect at my bands, a Man bred in other Studies, that readineſs or quickneſs of diſpatch, which was effected by them Lords, both of them brought up in the King's Courts, and not in the King's Chappel. My Comfort is this, That Arriving here as a Stranger, I may ſay as Archimedes did, when he found theſe Geometrical Lines and Angles, drawn every where in the Sands of AEgypt, Video veſtigia humana, I ſee in this Court the Footſteps of Wiſe Men, many Excellent Rules and Orders for the managing the ſame, the which, though I might want Learning and Knowledg to invent, (if they were not thus offer'd to my hands) yet I hope I ſhall not want the Honeſty to Act and put in Execution. Theſe Rules I will preciſely follow, without the leaſt deſlexion at all, until Experience ſhall Teach me better. Every thing by the Courſe of Nature hath a certain and regular motion. The Air and Fire move ſtill upward, the Earth and Water fall downward: The Celeſtial Bodies whirl about in one and the ſelf ſame Courſe and Circularity, and ſo ſhould every Court of Juſtice. Otherwiſe it grows preſently to be had in Jealouſie and Suſpicion. For as Vel. Paterculus Obſerves very well, In iis homines extraordinaria reformidant, qui modum in voluntate habent. Men ever ſuſpect the worſt of thoſe Rules, which vary; with the Judges Will and Pleaſure. I will deſcend to ſome few particulars.
87. Firſt, I will never make any Decree, That ſhall Croſs the Grounds of the Common or Statute Laws, for I hold by my Place the Cuſtody not of mine own, but of the King's Conſcience; and it were moſt abſurd to let the King's Conſcience be at Enmity and Oppoſition with his Laws and Statutes. This Court (as I conceive it) may be often occaſion'd to open and confirm, but never to thwart, and oppoſe the Grounds of the Laws. I will therefore omit no Pains of mine own, nor Conference with the Learned Judges, to furniſh my ſelf with competency of Knowledg, to keep my Reſolution in this Point Firm and Inviolable. Secondly, I ſhall never give a willing Ear to any Motion made at this Bar, which ſhall not apparently tend to further and hasten the bearing of the Cauſe. The very word Motion, derived a movendo to move, doth teach us that the hearing is, Finis perfectio, & terminus ad quem, the End, Perfection, and proper Home as it were of the matter propounded. If a Counſellor therefore will needs endeavour, as Velleius Writes of the Gracchi, Optimo ingenio peſſime uti, to make that bad Uſe of a good Wit, as to juſtle a Cauſe out of the King's High-way, which I hold in this Court to be Bill, Anſwer, Replication, Rejoynder, Examination and Hearing, I will ever Regard it as a Wild Gooſe Chaſe, and not a Learned Motion. The further a Man Runs out of his Way, the further he is from home, the End of his Journy, as Seneca ſpeaks; ſo the more a Man Tattles beſide theſe Points, the further it is from the Nature of a Motion: Such a Motion is a Motion Per Antiphraſin, ut mons a non movendo. It tends to nothing but certamen ingenii, a Combat of Wit, which is Infinite and Endleſs. For when it once comes to that paſs, ſome will ſooner a great deal, looſe the Cauſe then the laſt Word. Thirdly, I would have no Man to conceive that I come to this Place to overthrow, without ſpecial Motives, the Orders and Decrees of my Predeceſſors. I would be loth to ſucceed any man, as Metellus did Caius Verres, Cuius omnia erant ejuſmodi ut totam Verris Praeturam retexere videretur. Whoſe Carriage, ſaith Tully, was a meer Penclopes Web, and untwiſting of all the Acts of Verres's Pretorſhip. Upon New matter, I cannot avoid the re-viewing of a Cauſe, but I will ever expect the forbearing of Perſons, ſo as the Aſhes of the Dead may be hereafter ſpared, and the Duſt of the Living no further Raked. Fourthly, I will be as cautelous as I can, in referring of Cauſes, which I hold of the ſame Nature of a Byway Motion. For one Reference that Spurs on a Cauſe, there are ten that bridle it in, and hold it from hearing. This is that which Bias calls the backward forwarding of a Cauſe; for as the Hiſtorian ſpeaks, Quod procedere non poteſt recedit. Fifthly, I profeſs before hand, this Court ſhall be no Sanctuary for Undiſcreet and Deſperate Sureties. It is a Ground of the Common Law, That a man ſhall make no Advantage of his own Follies and Laches. When the Mony is to be borrowed, the Surety is the firſt in the Intention, and therefore, if it be not paid, let him a God's Name be the firſt in Execution. Laſtly, I will follow the Rules of this Court in all Circumſtances, as near as I can. And conſidering that, as Pliny ſpeaks, Stultiſſimum eſt adimitandum non optima quae que proponere, It were a great Folly to make Choice of any other then the very beſt for Imitation, I will propound my Old Maſter for my Pattern, and Precedent in all things. Beſeeching Almighty God ſo to direct me, That while I hold this place I may follow him by a True, and Conſtant imitation. And if I prove Unfit and Unable for the ſame, That I may not play the Mountebank ſo in this Place, as to Abuſe the King and the State, but follow the ſame moſt Worthy Lord in his Chearful and Voluntary Reſignation: Sic mihi contingat vivere, ſic que mori.
88. This he deliver'd, thus much; and I took Councel with my ſelf not to Abbreviate it. For it is ſo Compact and Pithy, That he that likes a little muſt like it all. Plutarch gives a Rule for Sanity to him that Eats a Tortoiſe, foreign, Eat it up all, or not a whit, for a Modicum will Gripe the Belly: He that fills himſelf with a great deal ſhall procure a Cleanſing Evacuation. So the Speech of a Great Orator is Inſtructive, when it is entire: Pinch it in with an Epitome, you mangle the meaning, and avile the Eloquence. From Words he fell to Practiſe; Induſtry, I think was his Recreation; for certain he had not a drop of Lazy Blood in his Veins. He fill'd up every hour of the Day and a good part of the Night, with the diſpatch of ſome public and neceſſary buſineſs. And though as a Counſellor of State, and both as a Peer and Speaker in Parliament he had many diverſions, yet none of the work in Chancery was diminiſh'd; which Attendance grew ſo light and familiar to him, that in a little while it ſeem'd to be no more a burthen to him, then the Water is to the Fiſhes, under which they Swim. He would not excuſe himſelf a day, for any the moſt lawful pretence; he would not impart himſelf to the Star-Chamber or Parliament, when it ſate, before he had ſpent two hours, or more, among the Pleaders. Two or three Afternoons he Allotted every Week to hear Peremptories. By which unequall'd diligence, commonly he diſpatch'd five or ſix Cauſes in a morning, according to the quality, or meaſure of the Points that came to be debated. He did not only labour Six Days, but as it follows in the Commandment, He did all that he had to do. For of all the Cauſes that were uſually ſet down for hearing, he never left any of them unheard at the End of the Term; which was both an eſpecial Eaſe and Comfort to the Subject; and a full Teſtimony of his labour and ability, to expedite ſo many Knotty and Spacious Cauſes, that came before him, in as little time as the Clients could expect. The Survey of an whole year will give better ſatisfaction, then every Term a part by it ſelf. Whereupon he Writes thus to the Lord Marqueſs July 10. 1622. In this Place I have now ſerv'd His Majeſty one whole Year diligently and honeſtly: But to my Hearts Grief, by Reaſon of my Rawneſs and Inexperience very unprofitably. Yet if his Majeſty will Examine the Reg…ers, there will be found more Cauſes finally Ended this one Year, then in all the Seven Years preceding. How well ended I confeſs ingeniouſly I know not. His Majeſty and your Lordſhip (who no doubt have Received ſome Complaints, though in your Love … from me) are in that the moſt competent Judges. A Teſtimony of Great Labour; and not more Copious then Clear: For the Regiſtry could not I ye. Thus Joſeph in his faithful Service under King Pharaoh, gather'd in as much in one Year, as was wont to be Reap'd in Seven. And truly it becomes him that he was not confident, but miſtruſtful of himſelf, leaſt ſome Waſpiſh and Vexatious men had attempted to lay open ſome Errors to his Superiors, which ſhould eſcape him in fixing ſo many Planetary Cauſes. But there was I had almoſt ſaid none. Yet then I had forgotten Sir John Bourcher, who complain'd to both Houſes of Parliament; that his matters in debate were for ever ſhut up in a Decree, before his Counſel was ready, having ſome Allegations which expected more time to be Ripen'd; ſtill more time? The buſineſs of this Knight was Arbitrated with conſent by the Chief Baron Jac. 7. That Arbitration he would not ſtand to. It was Decreed in full hearing by the Lord Elſmore, Jac. 10. This did not pleaſe him. Yet it was Order'd to the ſame Effect by the Lord Bacon, Jac. 17. And after this the ſame Decree was confirm'd by the Lord William's, Jac. 19. Having the conſent of Juſtice Hutton, Juſtice Chamberlain, and the Maſter of the Rolls, with an hundred Pounds advantage more, then was given him before. And was not this Suit come to Adultage for Tryal after Seventeen Years Vexation in it firſt and laſt? If a Suitor ſhall have Power to define when his Cauſe is ſufficiently heard, a Fidler would not undertake the Office of a Judge; Sir John durſt not have preſum'd to this Boldneſs, but that he was encourag'd by his Father-in-Law the Lord Sheffeild, who was a Scholar, a Judicious Lord, and of great Experience, that knew well enough the Futility of this Appeal (for it was diſcharg'd with a general Rebuke.) But the Spirits uſually beat with an un even Pulſe, when they ſtirr too much in pity to our own Relations.
89. Some others there were; I yet remember it, of the coarſeſt Retainers to Court, who liv'd by picking up Crumbs that fell from Stale Bread, theſe Whiſper'd their Diſcontents, that Cauſes were cut off too ſoon, that delay would bring them to a more conſiderate Ripeneſs. Sic vero dificiente crimine laidem ipſam in vituperium vertit invidia, ſays Tully; but he is ſufficiently prais'd, who is diſprais'd for nothing but his Vertues. Diſpatch was a Vertue in him. And all his Sails were fill'd with a good Wind, to make riddance in his Voyage. He was no Lingerer by Nature; and kindly warmth is quick in digeſtion: Our time is but a Span long, but he that doth much in a ſhort Life products his Mortality. To this he had ſuch a Velocity of mind, that out of a few Words diſcreetly ſpoken, he could apprehend the Strength and Sirrup of that which would follow. This is that Ingeny which is ſo much commended 4. Tuſeul. Multarum rerum brevi tempore percuſſio; ſuch a Wit is ever upon an Hill, and fees the Champain round about him. And it was moſt contrary to his incorruptneſs to prolong an hearing as Felix did, Act. 24.26. Till Mony purchas'd a convenient Seaſon. He never was Accus'd of it. Quod nemo novit, poene non fit, as Apuleius ſays 10. Metam. 'Twas never known, therefore 'twas never done, is a Moral and a Charitable inference. Gueſs his great Spirit from this Eſſay, and how he Coveted no Man's Silver or Gold, that when he was in his loweſt Want and Miſery in the Tower, Sequeſtred of all he had, yet he Refus'd the offers of his Friends with this Reaſon, that he knew not how to take from any but a King. There is another Rub in the way ſometimes, Court Meſſages, and Potentates Letters; for, alaſs, in many Cauſes there are great Betters that are no Gameſters. But he had a Spell againſt that Inchantment; an invincible Courage againſt Enmity and Envy. I will truly Tranſlate Mamertinus his Qualities upon him, of which he boaſted in the Panegyric for his Conſulſhip, Animi magm adverſus pecuniam, liberi adverſus offenſas, conſtantis adverſus invidiam. Thoſe Magnificoes, that were Undertakers for perdue Cauſes, gave him over quickly for a ſtubborn Man, that would go his own Pace, and make no Halt for their ſakes, that ſate in the Gallery of great ones above him. As Cicarella ſays of Sixtus Quintus, in his Addition to Platina, In ore omnium erat, nunc tempus Sixti eſt, it is not as it was, theſe are Pope Sixtus's days: No Man now can work a Reprieve for a Malefactor. So this Magiſtrate was paſſive to many Solicitations, but ſtrenuouſly Reſolv'd to be Active for none; for whatſoever Cauſe was brought before him, he could inſtantly diſcern the true Face from the Vizard, and whether the Counſel did not endeavour rather to ſhut it up, then to open it. It askt him a little time to Learn, as it were, the uſe of the Compaſs, how to Sail into the Vaſt Ocean ef Pleadings, and not to creep always by the Shore: To follow the Pleaders in their own method, and to ſpeak to them in their own Dialect, nay to reduce them from ſtarting out, and to Rectifie every Sprain and Diſlocation. See what a Globe of Light there is in natural Reaſon, which is the ſame in every Man; but when it takes well, and riſeth to perfection, it is call'd Wiſdom in a few.
90. The Terms of the Common Law, as in all other Profeſſions and Sciences, ſeem Barbarous to the Vulgar Ear, and had need to be familiariz'd with pre-acquaintance; which, being the Primar of that Rational Learning, he had inur'd himſelf to it long before, and was nothing to ſeek in it. Yet one of the Bar thought to put a Trick upon his Freſh-man-ſhip, and trouled out a Motion crammed like a Granada with obſolete Words, Coins of far fetch'd Antiquity; which had been long diſus'd, worſe then Sir Thomas Mores Averia de Wethernham among the Maſters of Paris. In theſe miſty and recondit Phraſes, he thought to leave the New Judge feeling after him in the Dark, and to make him bluſh, that he could not Anſwer to ſuch myſtical Terms, as he had Conjur'd up. But he dealt with a Wit that was never entangl'd in a Bramble Buſh; for with a ſerious Face he Anſwer'd him in a cluſter of moſt crabbed Notions, pick'd up out of Metaphyſics and Logic, as Categorematical, and Syncategorematical, and a deal of ſuch drumming ſtuff, that the Motioner being Foil'd at his own Weapon, and well Laugh'd at in the Court, went home with this New Leſſon, That he that Tempts a Wiſe man in Jeſt, ſhall make himſelf a Fool in Earneſt. Among many Gown-men at the Bar this was but one, and that one proved a ſolid Pleader; and ſound at the hands of a more reconcileable man, more than common Favour, who procur'd him Knighthood, and did ſend him his help in another Capacity Ten Years after, to advance his Fortunes. To proceed; his Judgment could not be dazzled with Dark and Exotic Words; they were proper to the matters in Hand. The difficulty that he did moſt contend with, was againſt Intrigues, and immethodical Pleadings; ſo that he had much to do to force the Councel to gather up their Diſcourſes more cloſely, and to hold them to the Point in Hand, checking Excurſions and impertinent Ramblings with the Rebuke of Authority, though it ſeem'd a little Brackiſh to ſome Palates. With a little Experience he gather'd up ſuch Ripeneſs of Judgment, and ſo ſharp-ſighted a knowledg, that upon the opening of a Bill, he could readily direct the Pleaders, to that which was the Iſſue between the Plaintiff, and Defendant, and conſtrein them to ſpeak to nothing, but the very Weight of the Cauſe, from the Reſolution whereof the whole buſineſs did attend it's diſpatch: So true it is which Nepos delivers in the Life of Atticus, Facile exiſtimari poteſt Prudentiam eſſe quandam Divinati nem. Prudence is a kind of Divination; let it Taſt a little, and it can gueſs at all. It needs not to have all the Windows opened, when it can ſee Light enough through a Chink. On the Judges part it is not Patience but Weakneſs, not to abridge Prolixity of Words, that he may come the ſooner to the Truth. And on the Advocates part 'tis Affectation, to ſeem more careful of his cauſe then he is, when he ſpeaks more then he needs. Thus the Lord Keeper behav'd himſelf conſtantly and indifferently towards every Bill and Anſwer, uſing the ſame method, the ſame diligence, the ſame Application of his great Gifts to all Cauſes, following the Council which Q. Cicero gave to his Brother, de Petiti. Conſul. It a paratus ad dicendum venito, quaſi in ſingulis caulis Judicium de omni ingenio futurum ſit; ſo he carried himſelf, as if he his whole ſufficiency were to be Tried, upon every Decree he made. I ſhall ſay much, I think enough, to his Approbation, that in the Tryal of two Terms, the Councei at the Bar were greatly contented with him. The Primipili or Vantguard of them, were ſuch as fil'd up their place with great Glory in their Generation. Sir J. Davies. Sir Ron. Cr…w. Sir T. Coventry. Sir R. H…ath. Sir J. Walter. Serjeant F…nch. Serjeant Richardſon. Serjeant Aſtly. Sir H…n. Finch. Mr. T. Crew. Mr. W. N…. Mr. A. P…n…. Mr. J. Glanvil. Mr. J. Finch. Mr. E. Littleton. Mr. D. Jenkyn. Mr. J. Ba…kes. Mr. E. H…rb…rt. Mr. T. Gardner. Mr. T. H…dly. Mr. Egr. Thin. Mr. R. Maſon.The Chief among them, that did deſerve to Fight next the Standard my Memory perhaps is not Truſty enough after the ſpace of 30 years to remember all thoſe Worthies) are fill'd in the Margent, like a Row of Cedars, and are ſet down in thoſe Titles which they carried then, which moſt of them by their Deſerts did far out-grow. But theſe contributed all they could to his Credit, with as much Obſervance, with as great Reverence, with as full Applauſe and Praiſe, as could be required from ingenious Gentlemen, towards one that was a Stranger to their Studies; whoſe acceptance, no doubt, was a Whetſtone to his Induſtry.
In the firſt Term that he came abroad into Weſtminſter-Hall, a Parliament ſate in it's ſecond Seſſion; wherein by Command from the King, he ſpake to both Houſes. Of which Speech thus my Lord of Buckingham in a Letter to him dated Novemb. 24. I know not how the Upper Houſe of Parliament approve your Lordſhips Speech. But I am ſure he that call d them together, and, as I think, can beſt judge of it, is ſo taken with it, that he ſaith it is the beſt that ever he heard in Parliament and the neareſt to his Majeſties meaning; which beſide the contentment it hath given to his Majeſty, hath much comforted me in his choice of your Lordſhip; who in all things doth ſo well Anſwer his expectation. This is laid aſide by ſome negligence, the more is the pity, that it cannot he found. But here are two credible Witneſſes, how well he could open the great Affairs of the Kingdom; for the beſt of Orators gave this Rule to Brutus, N…m diſertus eſſe poteſt in eo quod neſciat, no man can ſpeak well to that, which he doth not underſtand. At this time I find in ſafe Records, how adviſedly he carried himſelf in the Houſe of Peers, upon the ſtarting of two particulars. The Priviledg of the Nobility was diſcuſs'd, and ready to be determin'd finally by the more Active part, that they ſhould take no Oath, ſave only by their Honour; which through his Interceſſion was laid aſide for theſe Reaſons. That the Word of God allows of no Swearing for the finding out of Truths and deciding of Controverſies, but by an Invocation of the Name of God: Quod confirmatur, per cortius confirmatur; and it is God's Glory that his Name, and no other, ſhould be accounted more certain then any thing in the World. In all Controverſies, the laſt Appeal is to him, and to none beſide, becauſe there is none above him. The laſt Appeal is ever to the higheſt; therefore we make no further Inquiſition for Truth; after our furtheſt provocation to the Lord in Heaven. In Aſſertory Oaths we Swear, That thereby we may put an End to contentious Cauſes: And it is not Man's, but God's Honour to end them, who is the God of Peace, and that maketh men to be of one mind. Moreover our beſt conſulting Divines collect, that the Ground of an Oath builds upon his holy Name, becauſe He is moſt True, and cannot Deceive; likewiſe becauſe he is Omniſcient, and cannot be ignorant; and therefore to be the only due Witneſs for all contentious matters, where there is no other Witneſs. The Honour of the Peerage is a very Eſtimable Prerogative; but a Creature to Swear, is to put our Soul upon a Religious Action: And ſhall a Creature be the Object of Religious Worſhip? God forbid: ſhall a Creature be brought in as the Witneſs of all Truth? Or ſhall it be Raiſed up as the Judge which avengeth all falſehood? There is none but God that is privy to all Truth: And Vengeance belongs to none but him, that can caſt both Body and Soul into Everlaſting Fire. He added, that ſingularities are ever to be ſuſpected; and challeng'd any man to ſhew the contrary, that no other Oath, but In the Name of God was uſed in Solemn Tryals, at that day, in any part of Chriſtendom. And he bad them look to themſelves at home, how prejudicial it would prove to all Courts of Juſtice; and how unwillingly the Gentry and lower condition'd people of the Land would be brought unto it: How loth they would be to refer their Free-hold, their Meum and Tuum to the proteſtation of Honour; foreign. If it be ſtood upon, that in the higheſt Criminal Cauſes of Life and Death, their Lordſhips vouched their Honour only to Guilty or not Guilty, it might receive this Satisfaction. If a Peer be produced as a Witneſs againſt another Peer before the Lord High Steward, he lays his hand upon the Book, and takes his Oath. No man can be caſt by the depoſition of a Witneſs that is not Sworn. But when the Peers bring their Verdict into the ſame Court againſt a Peer, they lay not their Hand upon the Book, but upon their Breaſt; which is a Sign that their vouchment by their Honour in that Tryal is not an Oath. Indeed it is not. For their Lordſhips utter it not Via juramenti, but Via Comparationis That is, they do not Swear by their Honour, but pronounce comparatively that as ſure as they are Honourable, they find the Priſoner Guilty or not Guilty. Like to that frequent expreſſion in Scripture, As thy Soul Liveth, it is thus and thus. The living Soul comes not in as an Oath, but as a Compariſon. As who ſhould ſay, As ſure as your Soul lives, or as ſure as Pharaoh lives, I affirm the Truth. Thus far he contended, and to general Satisfaction. It was much that in his Novitiatſhip in that houſe, he durſt contradict ſuch mighty ones in ſo tender a Cauſe. But a Wiſe man commends the Wiſeſt of Heathen men, Socrates for that Gallant Freedom; 1 Tuſ…ul, adhibuit liberam contumaciam à magnitudine animi inductam, non à Superbiâ 'Tis Pride that makes men obſtinate in their Errors: But magnanimity makes them confident in the Truth.
91. In the ſame morning while this Debate continued very long, he had another Paſs with a Maſter-Fencer. For the queſtion being canvas'd throughly concerning Oaths, an Aged Biſhop, very infirm in health excus'd himſelf, if he could not ſtay ſo long; whereupon ſome Lords, who bore a grudge to that Apoſtolical Order, cried out, they might all go home if they would; and not contented with that Vilipendency, grew higher in their demand, and would have this contempt againſt the Prelates inſerted in their Journal Book. The Earl of Eſſex preſs'd it more paſſionately then the reſt; who wanted Theological Advice about the ſtrict Obligation of Oaths, as much as any Chriſtian, which appear'd by his Attempts and Practice about twenty years after. But nothing would now quiet his eager Spirit, but to put it to the queſtion, whether the Lordſhips were not content to open their Doors wide, and to let all the Biſhops out, if they would. The Lord Keeper Replied with a prudent Animoſity, That, if he were Commanded, he would put it to the Queſtion, but to the King, and not to the Houſe of Peers. For their Lordſhips, as well Spiritual as Temporal, were call'd by the King's Writ to ſit and abide there, till the ſame Power diſſolv'd them, And for my Lords Temporal, they had no Power to Licenſe themſelves, much leſs to Authorize others to depart from the Parliament. With which Words of irrefragable Wiſdom, that Spirit was conjur'd down, as ſoon as it was rais'd. But when the Houſe was ſwept, and made clean, it returned again in our diſmal Days, with ſeven other Spirits worſe than it ſelf. The Motion was then in the Infancy, and we heard no more of it, till it was grown to be a Giant, and diſpoſſeſſed our Reverend Fathers of their ancient Poſſeſſion, and Primigenious Right by Club-Law. Let my Apoſtrophe plead with our Nobles in no Man's Words but Cicero's to Cataline, In vaſtitate omnium, tuas poſſeſſiones ſacroſanctas futuras putas? Could your Lordſhips imagine to limit Gun-Powder and Wild-Fire to blow up one half of the Foundation, and to ſpair the other half? When the Pillars of the Church were pluckt down, could the Pillars of the State be ſtrong enough to ſupport the Roof of their own Dignity? They ſhould have thought upon it, when they pill'd the Bark off the Tree, that the Tree would flouriſh no more; but quickly come to that Sentence, Cut it down: Why cumbereth it the Ground?
92. Our Forefathers, when they met in Parliament, were wont to auſpicate their great Counſels with ſome remarkable Favour of Priviledge or Liberality conferr'd upon the Church. And becauſe the Prelates and their Clergy were more concern'd than any in the Benefit of the Statutes made; before the Art of Printing was found out, they were committed to the Cuſtody of their Religious Manſions. The Reward of thoſe Patriots was like their Work; and God did ſhew he was in the midſt of them: They began in Piety, they proceeded in Prudence, they acted marvelouſly to the Maintainance of the Publick Weal; and they Concluded in Joy and Concord. But ſince Parliaments, of latter Editions, have gone quite another way, to hearken to Tribunitial Orators that defamed the Miniſtry, to encourage Projectors, that would diſſeize them of their Patrimony, when the Nobles (from whom better was expected) wax'd weary of them, who were Twins born in the ſame Political Adminiſtration: Samnium in Samnio: We may look for England in England, and find nothing but New England. How are we fallen from our ancient Happineſs? How Diſeaſed are we grown with the Running Gout of Factions? How often have thoſe great Aſſemblies been cut off (unkindly on both ſides) before their Conſultations were mellow, and fit for Digeſtion? We look for much, and it came to little: Was it not becauſe the Lord did blow it away? Hag. 1.9. It is not good to be buſie in the Search of Uncertainties that are not pleaſing; yet they that will not trouble themſelves to conſider this Reaſon, may find divers Irritations to Jars in the Cauſes below; but I believe they will not reduce them better to the Cauſe of Cauſes from above. From hence came Fierceneſs and Trouble upon this Seſſion, and God ſent evil Angels among them, Pſal. 78.49. For the Houſe of Commons ſeem'd to the King to ſtep out of their Way, from the Bills they were preparing, into the Cloſet of his Majeſty's Counſels: which put him to make Anſwer to them in a Stile that became his Soveraignty. The King's Son-in-Law taking upon him the Title of King of Bohemia, ſore againſt the Father-in Law's Mind, the Emperor being in lawful Poſſeſſion of that Kingdom, over-run the greateſt part of the Palatinate with ſome Regiments of Old Soldiers, whereof the moſt were Spaniſh, under the Conduct of Marqueſs Spinola. Our King received the Injury no leſs than as a deep Wound gaſh'd into his own Body: And all true Engliſh Hearts, which did not ſmell of the Roman Waſh, were greatly provoked with the Indignity. Prince and People were alike affected to maintain the Palſgrave in his Inheritance, but ſeveral Ways. They that are of one Mind, are not always of one Paſſion. The King aſſay'd to ſtop the Fury of the Imperialiſts by Treaty. The Votes of the bigger Number of the Houſe of Commons propounds nothing but War with Spain; and this they could not do, but in Civility they muſt firſt break off the Treaty of Marriage, then in Propoſition between the King's deareſt Son, and the Infanta Maria. Neither of which pleaſed his Majeſty in the Matter, and but little in the Form, that his Subjects ſhould meddle in thoſe high Points, which he eſteemed no leſs than the Jewels of his Crown, before he had commended them to be malleated upon their Anvil. The Matter, that the Match with the Spaniſh Princeſs ſhould be intended no more, was diſ-reliſhable, becauſe he eſteemed her Nation, above any other, to be full of Honour in their Friendſhip, and their Friendſhip very profitable for the enriching of Trade. The Lady her ſelf was highly famed for Virtue, Wiſdom, and Beauty. The Noble Houſe, of which ſhe came, had ever afforded fortunate Wives to the Kings of this Land, and gracious with the People. Her Retinue of her own Natives ſhould be ſmall, and her Portion greater than ever was given with a Daughter of Spain. And in the League, that ſhould run along with it, the Redintegration of the Prince Elector in the Emperors Favor, whom he had offended, ſhould be included. Therefore his Majeſty wrote thus to the Parliament: We are ſo far engaged in the Match, that we cannot, in Honour, go back, except the King of Spain perform not ſuch things as we expect at his Hands. Some were not ſatisfied (of which more in a larger Proceſs) that our Prince ſhould marry a Wiſe of the Pontifician Religion. For as Man's Soul contracts Sin, as ſoon as it toucheth the Body, ſo their ſevere and ſuſpicious Thoughts were as conſident, as if they had been the Luſtre of Prophetick Light, that a Proteſtant could not but be corrupted with a Popiſh Wedlock. Therefore the King took in hand to cure that Melancholy Fit of Superſtitious Fear, with this Paſſage that he ſent in his Meſſage at the ſame time: If the Match ſhall not prove a Furtherance to Religion, I am not worthy to be your King. A well-ſpirited Clauſe, and agreeable to Holy Aſſurance, that Truth is more like to win, than loſe. Could the Light of ſuch a Goſpel as we profeſs, be eclips'd with the Interpoſition of a ſingle Marriage? A faint hearted Soldier coming near in his March, to an Ambuſh unawares, Plut vit. Pelop.Cry'd out to his Leader Pelopidas, Incidimus in hoſtes, We are fallen among the Enemy. No, Man, (ſays his Captain) Hoſtes inciderunt in n…, the Enemy is fallen among us, and into our Power. So to ſuch as talk timorouſly, We ſhall fall into the Miſ-perſwaſions of a Catholick Lady, and her Houſhold; It may well be anſwered, Be not diſtruſtful of a good Cauſe, they are fallen among us, and, if God love them, they will joyn with us.
93. The other thing in debate ſeem'd very harſh and boiſterous to his Majeſty, that ſundry Leaders in the Houſe of Commons would provoke him to proclaim open War with Spain. To which he replied, in a long Letter to the Speaker, That he had ſent ſome Forces to keep the ſtrong Towns of his Son-in-Law from the Imperialiſts. That he had ſent 30000 l. to thoſe Princes of Germany that promiſed to aſſiſt him, in Jealouſie of their own Territories; and had they done their Part, that handful of Men which he ſent, had ſufficiently done theirs. He told them, that he treated ſedulouſly, at that time, for Peace; but it would be a very Contradiction, at the ſame Inſtant, to be a Party in an open War. And he gravely minded them, that he rather expected Thanks for a long Peace, the great Bleſſing of God, than to ſtir him up to one of the greateſt Plagues, which the Lord threatens to a ſinful Kingdom. That many of his Subjects, wanton with Eaſe and Plenty, and pamper'd with Reſt, deſired a Change, though they knew not what they would have. But did theſe Words, ſo wiſe and melting, compoſe the Humors of the Paſſionate? No, The Stoicks ſaid well, that from all Words and Actions, there were two Handles to be catch'd hold of, a Good and a Bad. The Virtuous interpret all to the beſt, and lay hold on the Good: The Quarrelſome apply all to the worſt, and lay hold of the Bad. Some that were Chriſtianly Principled, and were deſirous to contrive every way how to ſpare the Effuſion of ſo much Humane Blood, admir'd the Lenity and Moderation of the King, and look'd up to God, that he would bring this Work to paſs by other Means, than unruly and unſatiate Armies. But ſome cry'd out in Ar. W. Language, That the King's Heart was not advanc'd to glorious Atchievements, P. 172. Or as another of the ſame Tribe, That howſoever the World did believe, that he was unwilling to fight it out, from a Religious Ground, yet it was no other but a cowardly Diſpoſition, that durſt not adventure. Others would find a Knot in a Ruſh, and laid the Blame upon his Learning, that did intenerate his Heart too much, and make him a Daſtard. Theſe, belike, were not acquainted with the Exploits of the Graecian Xenophon, the Roman Caeſar, the Engliſh Sidney, Montjoy and Raleigh, Gentlemen that were renowned both in Arms and Letters. Yet ſuch as were tranſported with Warmth to be a ſighting, prevail'd in Number, before the Pacificous. Well hath Pliny noted, Epiſt. Lib. 2. In publico concilio nihil eſt tam inaequale quàm aequali as ipſa: nam cum ſit impar prudentia, par omnium jus eſt. 'Tis the Inequality of that equal Right which all have in publick Councils, that every Puny hath a deciſive Voice as much as Neſtor. But for all the Sword-men were ſo forward, the King's Head was in Travel with Hopes of Peace. He conſidered that even juſt Wars could not be proſperous, unleſs they were begun with Unwillingneſs; for they are the firſt Felicity of bad Men, and the laſt Neceſſity of good Men. Macrobius obſerves in Bacchus, the great Invader of India, That he carried his Spear with a Trail of Ivy twin'd about it, Lib. 1 …. 17Quod vinculo patientiae obligandi ſunt impetui Belle: Becauſe the Fierceneſs of Fighting ſhould be rained in with the Bridle of Patience. Lofty Spirits, more Heatheniſh than Evangelical, account one Victory worth ten thouſand Lives. But he that looks for the true Life above, is ſure, that Mercy and Tenderneſs of Heart are better than a thouſand Victories. E…ſaws indeed was not the Soldiers Friend; but thus far he may be heard in this Cauſe, Epiſt. Aute. Auguſt. Hiſt. Idem omnes pariter adnitantur ne Bellum ſit, po…iùs quàm ut bello vincant: 'Tis glorious before Men to fight well: 'tis bleſſed before God not to ſight at all. Warlike Motions are a Tryal of Gallantry for a time; but all the Pages of Horror, Calamity, and Deſolation attend them upon the Place, where the Camp continues. And why may not that continue till an Infant come to gray Hairs? 'Tis eaſie to ſet the Day when Wars ſhall begin, but none can tell the Year, nor the Age when they will end. Metellus had been brought up in ſuch Service, none could tell Bacchus better than himſelf, Saluſh. Jug.Bellum ſumi facilè, ceterum aegerimè dirimi, non in ejuſdem poteſtate initium ejus & ſinem eſſe. And if War laſt long, Who can feed that Cormorant with ſo much as it will devour? What Millions and Millions of Coin have been exhauſted to maintain this great Curſe of God in our Land? 'tis thrice as chargeable to tranſport an Army. If great Contributions be exacted Year by Year, What Outcries will the People make? And if we be not ſhorn to the Quick, nay, if we be not flay'd to advance Payments, What Out-cries will the Soldiers make? 'Tis remarkable, that the Commons in this Parliament voted to give one entire Subſidie to the King, to begin the War. They were not ignorant that five times that Money was not enough to Rig a Navy, and to receive a good Army in it at the Sea-Side. What a poor Stock was this to ſet up ſuch a Trade? a Sign they were neither able nor willing to maintain a War, but at the Tongues end. Finally, The King having deliberated upon this Hurry to Battle, opened the very Oracle of his Heart in this manner to ſome that were near him: That a King of England had no reaſon, but to ſeek always to decline a War, though he carried his Forces abroad; for the Array, or Sword was in his Hand, and the Purſe in the Peoples. His Sword could not fight without their Purſe to maintain it. Suppoſe a Supply were levied to begin the Fray; What Certainty could He have, that He ſhould not want enough to make an honorable End? If he call'd for Subſidies, and did not obtain, he muſt retreat ingloriouſly, to the Wounding of his own Honour, and the Nations. If he were inſtant to have Succour, and were reſolved never to give over till he had it, after he had craved it, as if he had beg'd an Alms, he muſt take it with ſuch Conditions, as would break the Heart of Majeſty, through Capitulations that ſome Members would make, who deſire to improve the Reputation of their Wiſdom, by retrenching the Dignity of the Crown in Popular Declamations. For 'twas likely they would ask the Change of the Church, of the Laws, of the Court Royal, the Diſplacing of his Officers, the Caſheiring of his Servants. Either at this Rate he muſt buy the Soldiers Pay, or be Scandaliz'd in the Army, to the endangering of a Mutiny, that he would yield nothing to ſave them from Starving, who had jeoparded their Lives for him and his Children. All this praemiſed, I cannot dive into his Nature as ſome do, that knew no more than I, to ſay he was no Man of Courage; but out of the Pith of his Arguments, I can collect, he was a Commander of Reaſon. Happy thoſe that liv'd under his Scepter, who could ſay, Claudian. land. Stil.Hujus pacificis debemus moribus omnes—Quod cuncti gens una ſumus. Plutarch compares Romulus and Numa, that the former did all he could to train the People to Fight, Numa did his beſt to ſuppreſs Wars: Non ob ignavia ſed innocentiae cauſa: not out of Timorouſneſs, but of Harmleſneſs. (This is he that they ſay had the Goddeſs Aegeria to his Dry-Nurſe, whereas Romulus had a Wolf to his Wet-Nurſe.) So I will define it in the Peroration, that it was Harmleſneſs and Innocency that taught King James not to leave his Kingdom naked to the Storms of War, and diſrobed of the Mantle of Peace.
94. Now to go on. If the Matter debated about breaking of the Match, and Proclaiming War with Spain had not diſguſted, the Modus Procedendi, or Form how the Commons took in hand, would have given leſs Diſpleaſure. But to keep them from hunting after ſuch Royal Game, his Majeſty confines them into their own Purlues: Not to meddle (ſays he) with any thing concerning our Government, or deep Matters of State; and namely, not to deal with our deareſt Son's Match with the Daughter of Spain; nor to touch the Honour of that King, or any other our Friends and Confederates. And alſo not to meddle with any man's Particulars, which have their due Motion in any Our Courts of Juſtice. To which they Anſwer, That they acknowledge it belonged to his Majeſty alone to reſolve of Peace and War, and of the Marriage of the moſt Noble Prince, his Son. Nor did they aſſume to themſelves any Power to determine of any Part thereof, but to demonſtrate thoſe things to his Majeſty, which they were not aſſured could otherwiſe come ſo fully and clearly to his Knowledge (which are mannerly, but plain Shifts.) In the L'enocoy they riſe higher, That his Majeſty did ſeem to abridge them of the ancient Liberty of Parliament, for Freedom of Speech, an Inheritance received from their Anceſtors. The Apple of Contention at laſt grew only upon the Stalk of thoſe Words. The King rejoyns unto it thus: Although We cannot allow of the Stile, calling it your ancient and undoubted Inheritance; but could rather have wiſhed that ye had ſaid, that your Priviledges were derived from the Grace and Permiſſion of our Anceſtors and Us (for moſt of them grew from Precedents, which ſhews rather a Toleration than inheritance:) Yet We are pleas'd to give you Our Royal Aſſurance, that as long as you ſhall continue your ſelves within the Limits of your Duty, We ſhall be as careful to maintain and preſerve your Lawful Liberties and Priviledges, as ever any of Our Predeceſſors were; nay, as to preſerve Our own Royal Prerogative. Had Queen Elizabeth ſent ſuch Lines to any of the Parliaments called in her Bleſſed Reign, her Name had been advanc'd for a gracious and a renowned Lady. It was this, if not alone, yet chiefly, that made her Government more Popular at Home, and Glorious Abroad, than the Kings her Succeſſors (for they wanted nothing of Piety, Wiſdom and Juſtice;) that ſhe never encountred with Harſh, Gainſaying, Tumultuous Parliaments. But what Requital had King James ſot his gentle Words, perfum'd with ſweet Gums? Why, they begat another Remonſtrance, full of ſtrong Conteſtation, That the Liberties, Franchizes, Priviledges and Juriſdictions of Parliament are the ancient and undoubted Birth-right and Inheritance of the Subjects of England, and ſo forth along with every Note above Ela. Yet that no Diverſion might be made, nor Ceſſation of weightier Buſineſs for this, the Lord Keeper writes to the Lord Marqueſs, Decemb. Cabal. p. 65.16. in theſe Words. His Majeſty infers, that the Priviledges of Parliament are but Graces and Favours of former Kings. Moſt true, for where were the Commons before Harry the Firſt gave them Authority to meet in Parliament? They claim thoſe things to be their Inheritance and natural Birth-Right. Both theſe Aſſertions, if men were peaceably diſpoſed and affected, the Diſpatch of the common Buſineſs might eaſily be reconciled. Thoſe Priviledges were originally the Favors of Princes, and are now inherent in their Perſons, in their Politick Body. His Majeſty may be pleaſed to qualifie that Paſſage with ſome mild and noble Expoſition. This wiſe Letter cuts the Controverſie by a Thred. And this Office, to mitigate that Paſſage, Sir Humphry May performed ſingularly to his Praiſe, yet nothing to Succeſs. Hereupon, on the 21ſt of December, this Seſſion was Prorogued till February the 8th, but utterly Diſſolved by Proclamation Jan. 7. Surely every good man wiſh'd that the King and they had embrac'd at Parting. Plutarch, in the Life of Dion, tells of a ſmall Error in Nature, which hapned in Syracuſa, That a Sow Farrow'd, and her Pigs had no Ears. That the Sooth-Sayers portended to Dionyſius the Governor, a great Miſchief upon it, that the People would be Diſobedient, and hear nothing that was Commanded. There cannot be a more ominous Preſage of Evil to come, than when the Magiſtrate hath loſt the Happineſs of a perſuaſive Tongue, and the People of a liſtning and obedient Ear.
95. An Evill befall that Archimago, that Fiend of Miſchief, that ſet Variance between the Head and the Body: The Lord Keeper, who ſaw about him, and before him, underſtood who would have the worſt of it in the End. For the next Parliament is not weakned in its Power or Priviledges by the Diſſolution of the Former; but a King grows-leſs than himſelf, if he depart aſunder, from that publick Aſſembly in a Paroxiſm, or ſharp Fit, as Paul and Barnabas went one from another, Acts 15.39. Therefore he read nothing ſo much to his Majeſty, as to ſtudy it, next to his Faith in Chriſt, how to cloſe with the Deſires of that High Court, when it aſſembled again, that it might be like a Mixture of Roſes and Wood-binds in a ſweet Entwinement. And for his Part, he was willing to ſerve him in it, rather than in any thing, to be unto him as the Black Palmer was to the Fairy Knight in Mr. Spencer's Moral Poem, to guide his Adventure from all diſtemperate Eruptions: Which was put home: And let it reſt a while, till time brought it on, that he was the Days-man of Succeſs. For now I remove him into his Place in Star-Chamber; a Court, though buried now, yet not to be forgotten. Cambden, who kept the Nobleneſs of his Country from Oblivion, ſays of it, Curia cam…rae ſ…llatae, ſi vetuſtatem ſpectemus, eſt antiquiſſ…ma: Si dignitatem, honoratiſſima. For the Antiquity, the Lord Cook, in his Juriſdiction of Courts, looks no higher than 28. of Edw. 3. This Lord Keeper cites a Precedent out of his own Search of Records, of a Baron Fin'd and Impriſon'd by it, in the 16th of Edw. 2. as it is quoted, Cabal. P. 58. Of what ſtanding it was before (for the Evidence doth not run as if then it were newly born) to me is uncertain. For the Dignity, that famous Judge I mentioned, lifts up his Style, that it is the moſt honourable Court (our Parliament excepted) that is in the Chriſtian World. Juriſdic. P. 65. The Citations of it are to cauſe to appear Coram Rege & Concilio; for the King, in Judgment of Law, is always in the Court when it fits, and King James did twice in Perſon give Sentence in it. The Lords, and others of the Privy Council, with the two Chief Juſtices, or two other Juſtices, or Barons of the Exchequer in their Abſence, are ſtanding Judges of that Court. For in Matters of Right and Law, ſome of the Judges are always preſum'd to be of the King's Counſel. The other Lords of Parliament, who are properly De magno Concilio Regis, are only in Proximâ poteentiâ, of this Council, and are actually Aſſeſſors, when they are ſpecially called. Theſe Grandees of the Realm (who cannot fit to hear a Cauſe under the Number of Eight at the leaſt) ennoble this Court with their Preſence and Wiſdom, to the Admiration of Foreign Nations, and to the great Satisfaction of our ſelves; for none can think himſelf too great to be Try'd for his Miſdemeanors, before a Convention of ſuch Illuſtrious Senators. And, as Livy ſays, Nihil tam aequandae libertati prodeſt, quàm potentiſſimum quemque poſſe cauſam dicere. As touching the Benefit that the Star-Chamber did bring, thus that Atlas of the Law, the Lord Cook (Et cujus pars magna fuit) ſays in the ſame Place, That the right Inſtitution, and ancient Orders thereof being obſerved, it keepeth all England in Quiet. Which he maintains by two Reaſons. Firſt, Seeing the Proceeding according to the Laws and Cuſtoms of this Realm, cannot, by one Rule of Law, ſuffice to puniſh, in every Caſe, the Enormity of ſome great and horrible Crimes; this Court dealeth with them, to the end the Medicine may be according to the Diſeaſe, and the Puniſhment according to the Offence. Secondly, To curb Oppreſſion and Exorbitancies of great Men; whom inferior Judges and Jurors (though they ſhould not) would, in reſpect of their Greatneſs, be afraid to offend. Indeed in every Society of Men, there will be ſome Baſhawes, who preſume that there are many Rules of Law, from which they ſhould be exempted. Ariſtotle writes it as it were by Feeling, not by Gueſs; Polit. 4. c. 11. foreign. They that were at the Top among the Greeks, nor would be rul'd, nor would be taught to be rul'd. Therefore this Court profeſt the right Art of Juſtice, to teach the Greateſt, as well as the Meaneſt, the due Conſtruction of Good Behaviour. I may juſtly ſay, that it was a Sea moſt proper for Whale-Fiſhing; little Buſſes might caſt out Nets for Smelts and Herring. So ſays the great Lawyer, Ordinary Offences, which may ſufficiently be puniſhed by the Proceeding of the Common Laws, this Court leaveth to the ordinary Courts of Juſtice; Ne dignitas hujus Curiae vileſceret.
96. Accordingly the Lord Keeper Williams having Aſcended by his Office to be the firſt Star in the Conſtellation, to illuminate that Court, he was very Nice, I might ſay prudent, to meaſure the Size of Complaints that were preferred to it, whether they were knots, fit for ſuch Axes. A number of contentious Squabbles he made the Attorney's Pocket up again, which might better be compounded at home by Country Juſtices. It was not meet that the Flower of the Nobility ſhould be call'd together to determine upon Trifles. Such long Wing'd Hawks were not to be caſt off, to fly after Field-Fares. The Cauſes which he deſigned to hear, were Grave and Weighty, wherein it concern'd ſome to be made Examples for Grievous Defamations, Perjuries, Riots, Extortions, and the like. Upon which Occaſions his Speeches were much heeded, and taken by divers in Ciphers, which are extent to this day in their Paper Cabinets. To which I Appeal, that they were neither long nor Virulent. For though he had Scope on thoſe Ocaſions to give his Auditors more then a Taſt of his Eloquence, which was clear, ſententious, fraught with Sacred and Moral Alluſions, yet he deteſted nothing more, then to inſult upon the Offendor with girds of Wit. He foreſaw that Inſolencies and Oppreſſions are publick provocations to bury a Court in it's own Shame. And what could exaſperate more, then when an unfortunate man hath run into a Fault, to ſhew him no humane Reſpect? Nay, to make him paſs through the two malignant Signs of the Zodiaque, Sagitary and Scorpio? That is, to wound him firſt with Arrows of ſharp-pointed Words, and then to Sting him with a Scorpiack cenſure. Indeed, if there be an extreme in ſhewing too much mercy, I cannot Abſolve the Lord Keeper. For many, I confeſs, cenſur'd him for want of deeper cenſures; ſaid he was a Friend to Publicans and Sinners, to all delinquents, and rather their Patron then their Judge. … was ſo oftentimes, when he ſcented Malice in the Proſecution. It was ſo ſometimes, when he laid his Finger upon the Pulſe of humane Frailty. Brethren, if a Man be overtaken in a Fault, we which are Spiritual Reſtore ſuch a one in the Spirit of meekneſs, conſidering thy ſelf, leaſt thou alſo be Tempted, Galat. 6.1. Pliny the younger had been faulted, that he had excus'd ſome, more then they deſerv'd: Whereupon he Writes to Septitius lib. 7. Ep. Quid mihi invident feliciſſimum Errorem? Ut enim non ſint tales quales à me praedicantur, ego tamen Beatus, quod mihi videntur; Which is to this meaning; Why do you grudg me this Error? they are not ſo good as I accounted them; but I am happy in my Candor, that I account them better then they are. But firſt he never condemn'd an Offender to be Branded, to be Scourg'd, to have his Ears cut. Though that Court hath proceeded to ſuch cenſure, in time old enough to make Preſcription, yet my Lörd Cook adviſeth it ſhould be done ſparingly upon this Reaſon, Quod Arbitrio judicis relinquitur, non facile trahit ad effuſionem Sanguinis. They that judge by the light of Arbitrary Wiſdom ſhould ſeldom give their ſentence to ſpill Blood. He would never do it; and declin'd it with this plauſible avoidance, as the Arch-Biſhop Whitgift and Bancroft, and the Biſhop of Winton, the Learned Andrews, had done before him, that the Canons of Councils had forbidden Biſhops to Act any thing, to the drawing of blood in a judicial Form. Once, I call to mind, he diſpens'd with himſelf; and the manner was pretty. One Floud a Railing Libelling Varlet, bred in the Seminaries beyond Seas, had vented Contumelies bitterer then Gall againſt many Excellent perſons. Among other paſſages of his Reviling Throat, it was proved againſt him, that he had ſaid, that our Biſhops were no Biſhops, but were Lay-men, and Uſurpers of that Title. Floud, ſays the Lord Keeper, Since I am no Biſhop in your Opinion, I will be no Biſhop to you. I concur with my Lords (the like I never did before) in your Corporal puniſhment. Secondly in inflicting pecuniary Mulcts upon him that was found Guilty, he was almoſt never heard but to concur with the ſmalleſt Sum. I would this had been imitated, chiefly by them of the Hierarchy, who managed the judgments of that Court after he retir'd, I would that favour, which was wont never to be denied to any, had not been forgotten, to take away ſuch a part of an Offenders Eſtate by Fine, that ſtill he might have Honestum Continementum, an Honeſt Proviſion to live upon according to his Place and Dignity. It was never intended to prune away the Loppings, and to cut down the Trunk too. Nothing could be more harſh to tender Ears and Hearts, then ſuch a Torrent of cenſure as came from Q. Furius againſt Dolabella 11. Philip. of Tully, he had loaded him with all the ſeverity he could think of, Dixit tamen, ſi quis eorum qui poſt ſe rogati eſſent graviorem ſententiam dixiſſet, in eam ſe iturum. But he may get a fall himſelf, that in the undoing of a Man Gallops to Ride as faſt as the Fore-Horſe. Thirdly the Lord Keeper's Indulgence was not ſatisfied to ſet the loweſt Fine, but labour'd for as much mitigation, as could be granted, at the end of the Term. The Officers that are yet alive will ſay as much, and make me a true Man, that the Fines of the Court were never ſhorn down ſo near before: And after the Period of his Preſidency, it is too well known how far the Enhancements were ſtretch'd. But the wringing of the Noſe hringeth forth Blood, Prov. 30.33. The Lord Treaſurer Cranfeild, a good Husband for the Entrates of the Exchequer, complain'd againſt him to the King, how Delinquents by his Abatements were ſo ſlightly puniſh'd in their Purſe, that the Fees, that came to His Majeſties Enrichment, would not give the Lords a Dinner once a Week, as the Cuſtom had been, nay, hardly once a Term. Behold now a Man that was Leniſſimus ſine diſpendio Diſciplinae, as Auſonius ſays of Gratian, as full of Lenity as could be, ſaving the Correction of evil Manners. But it will be ſaid, he was liberal to ſpare men out of the King's Stock. And no whit leſs, as I will ſhew it, out of his own. Sir Francis Inglefeild, a priſoner in the Fleet, upon a contempt of a Decree in Chancery, was much overſeen, not once nor twice, in bitter Words againſt the Lord Keeper, which he vented ſo raſhly, that they were certified home. Well ſays the Lord Keeper, Let him Bark on, but he ſhall never bite his Chain aſunder, till he ſubmit to mine Order. But there came a Complaint, by the Information of Sir J. Bennet, that Sir Francis had not ſpared to ſay, before ſufficient Witneſs That he could prove this Holy Biſhop Judge had been Bribed by ſome that far'd well in their Cauſes. As the Old Adagy goes, he might as eaſily have proved that Hercules was a Coward. But this contumely could not be paſs'd over: There was a neceſſity to purge it, or to fall under it in a public hearing. After time given to Sir Francis to make good his Words in Star-Chamber (the Lord Keeper withdrawing himſelf for that day) he could prove nothing of Corruption againſt him, no not to the Value of a Doit. So a Large Fine of many thouſand pounds was inflicted on Sir Francis to be paid to the King, and to his Miniſter, whom he had Slander'd. The Lord Keeper in a few days following, ſent for the woful Gentleman, and told him, he would refute his ſoul Aſperſions, and prove upon him, that he ſcorn'd the Pelf of the World, or to exact, or make lucre of any man. For, for his own part he forgave him every peny of his Fine, and would crave the ſame Mercy towards him from the King. Sir Francis bleſs'd himſelf, to find ſuch Mercy from one, whom he had ſo grievouſly provok'd, acknowledg'd the Crime of his Defamation; and was received afterward into ſome Degree of Acquaintance and Friendſhip. Many have been undone by thoſe, whom they took to be their Friends: But it is a rare chance to be ſeen, as in this inſtance, for a man to be preſerv'd by him, whom he had made his Enemy: Let this ſuffice to declare, that the Star-Chamber by this Lord's Prudence was the Court of Aſtraea.
97. Being to take his Picture from Head to Foot, it is pertinent to conſider him in the Office of a Privy-Councellor. It was his firſt Honour, wherein the King call'd him to ſerve the Crown, being Sworn to ſit at that Board, Three Weeks before he was entruſted with the Great Seal. Many things, and the beſt of his Abilities in that place, I believe, are un-publiſhable; for the moſt of that Work is ſecret, and done behind the Curtain. He that ſits in that Employment, had need to have the whole Common-Wealth in his Head. So ſays an exact Senator, 2 De Orato: Ad Conſilum de Repub. dandum caput est noſſe Rempublicam. Many may ſpit Sentences upon ſuch great matters, and ſpeak little, as worthy Doctor Gauden ſays, like ſealed Pigeons, The leſs they ſee, the higher they Fly. But bleſſed be his Name that gives all good Gifts, he was furniſh'd with ſtrong intellectuals to diſcern into the means, that concern the Honour, Safety, Defence and Profit of the Realm. Yet it is not enough to have a piercing Eye, unleſs there be an Heart to affect the public good. Tully began well, but Pontanus makes up the reſt in Extolling the Venetian Government. Senatoribus mira in conſentiendo integritas, at que erga patriam amor incredibilis. And his Lordſhip was as true an Engliſhman, as ever gave Counſel in the Royal Palace. Therefore he was more employ'd by his Majeſty then all the reſt, to negotiate with Embaſſadors; being moſt Circumſpect and tender to yield to nothing, that was not advantagious to our own common Welfare. Neither did the Courts of France and Spain, and the States of Holland, with whom we Acted moſt, upon Tryal how he ſiſted their Leagues, expect any other from him, He had the moſt ſudden Repreſentation of Reaſon, to confirm that which he defended of any Man alive. None could abound above him in that Faculty, which made his great Maſter value him at that weight, that the thrice Noble Lodwick, Duke of Richmond, told him in my hearing, That the King liſtned to his Judgment, rather than to any Miniſter of State. Which took the oftner, becauſe if his Majeſty were moody, and not inclin'd to his Propoſitions, he would fetch him out of that Sullen with a pleaſant Je…t, and turn him about with a Trick of Facetiouſneſs.
I find by his own Confeſſion remaining in ſome Schedules, that he was beholding to Lord Egerton's Directions, to fill up the Worth of that Place; which were theſe. Firſt, To open his ſincere and intimate Mind in all Advice; which is indeed to give Counſel, and not Words. For he that ſpeaks againſt his Conſcience, to pleaſe the King, gives him a dry Flower to ſmell to. Secondly, Whatſoever was propos'd, to examine primarily, if it were juſt: For he that dare make bold with God for Reaſons of State, is not to be truſted by Man. There can be no Reaſon againſt Right: Velleius ſays, that Cato the Heathen was of that Opinion; Cui id ſolum viſum eſt rationem habere, quod haberet juſtitiam. 2. If it were for the Honour of the King, for Crown-wiſdom muſt not be ſoil'd with the Duſt of Baſeneſs, but aim at Glory. 3. If it were profitable, as well for the Ages to come, as for the preſent Uſe; for preſent Occaſions are mortal, but a Kingdom is immortal. If it hit not every Joynt of Juſt, Honourable, and Profitable, he voted to lay it aſide. He kept other Rules at the Table, but more diſpenſable. As to mature great Matters, with ſlow Deliberation, at leaſt to give them a ſecond Hearing, after himſelf and his Colleagues had laid their Heads upon their Pillows. Next he called upon the King, to follow the beaten Tract of former Precedents: For new ways are viſibly the Reproach of ancient Wiſdom, and run the Hazard of Repentance. New Stars have appeard and vaniſh'd; the ancient Aſteriſms remain, there's not an old Star miſſing. Likewiſe it was his modeſt, but frequent Motion, that Counſels ſhould not be whiſpered by one or two in a Corner but delivered openly at the Board by the ſworn Miniſters. For what avails it, when a Globe of Senators have preſs'd ſound Judgment, if ſome, for their own Ends, ſhall overthrow it, who have made Blaſtus their Friend in Agrippa's Chamber? Act. 12. The Lord Cooke's Juriſdiction of Courts, Pag. 57. gives it for a ſpecial Note of his own Obſervation, when he was a Privy Counſelſellor, that when a thing upon Debate and Deliberation is well reſolv'd at the Council-Table, the Change thereof, upon ſome private Information, is neither ſafe nor honourable. As Seneca ſays, Lib. 2. de Benif. Vota homines parciùs faccrent, ſi palam facienda eſſint. If all Prayers were made in the Hearing of a publick Aſſembly, many that are mumbled in Private, wou'd be omitted for Shame. So if all Counſels, offer'd to Princes, were ſpread out before many Witneſſes. Ear-Wiggs that buzz what they think fit in the retir'd Cloſet, durſt not infect the Royal Audience with pernicious Glozing, for fear of Scandal or Puniſhment. Well did the Beſt of our Poets, of this Century, decipher a Corrupt Court, in his Under-woods, Pag. 227,
When ſcarce we hear a publick Voice alive;
But whiſper'd Counſels, and theſe only thrive.
Laſtly, He deprecated continually, and obtained that private Cauſes ſhould be diſtinguiſhed from Publick; that Actions of Meum and Tuum ſhould be repulſed from the Council-Board, and kept within the Channel of the Common-Law. But to run along with the Complacemia of the Multitude, with that which was moſt cry'd up in the Town by our Gallants at Taverns and Ordinaries, he defy'd it utterly. Populo ſuper …canea eſt calliditas, ſays Saluſt. The Peoples Heads are not lin'd with the Knowledge of the Kingdoms Government, 'tis above their Perimeter. When they obey, they are in their Wits; when they preſcribe, they are mad. Excellently, King James, in one of his Speeches, Who can have Wiſdom to judge of things of that Nature (arcana imperii) but ſuch as are daily acquainted with the Particulars of Treaties, and the variable and fixed Connexion of Affairs of State; together with the Knowledge of the ſecret Ways, Ends, and Intention of Princes in their ſeveral Negotiations? Otherwiſe ſmall Miſtakings, in Matters of this Nature, may produce worſe Effects than can be imagined. He gave this Warning very ſagely to his People: what Warning he received from his faithful Servant, the Lord Keeper, ſhall be the Cloſe of this Subject. His Majeſty being careful to ſet his Houſe within himſelf in good Order, againſt he came to the Holy Communion, on the Eve before, he ſent for this Biſhop as his Chaplain, to confer with him about Sacred Preparation for that Heavenly Feaſt; who took Opportunity, when the King's Conſcience was moſt tender and humble, to ſhew him the way of a good King, as well as of a good Chriſtian, in theſe Points. Firſt, To call Parliaments often, to affect them, to accord with them. To which Propoſal he fully won his Majeſty's Heart. Secondly, To allow his Subjects the Liberty and Right of the Laws, without entrenching by his Prerogative; which he attended to with much Patience, and repented he had not lookt into that Counſel ſooner. Thirdly, To contract his great Expences,, and to give with that Moderation, that the Prince his Son, and his ſucceeding Poſterity, might give as well as He. In ſhort, to contrive how to live upon his own Revenue, or very near it, that he might ask but little by way of Subſidy, and he ſhould be ſure to have the more given him. But of all the three Motions, there was the leaſt Hope to make him hear of that Ear. For though he would talk of Parſimony as much as any, yet he was laviſh, and could keep no Bounds in Spending. As Paterculus obſerves of an Emperor that wrote to the Senate, Triumphum appararent quàm minimo ſumtu, ſed quantus alias nunquam fuiſſet. To be a great Saver, and a great Spender, is hard to be reconciled, for it toucheth the Hem of a Contradiction. But ſince the Benefit of that Counſel would not reſt upon the Head of the King, the Honeſty of it returned again to him that gave it,
98. Who had the Abilities of two Men in one Breaſt, and filled up the Induſtry of two Perſons in one Body. He ſatisfied the King's Affairs in the Civil Theatre, and performed the Biſhops Part in the Church of Chriſt: As … and Jehojada were great Judges in the Land, and miniſtred before the Lord to their Linnen Ephods. The Cuſtody of the Great Seal would not admit him, ſo long as he kept it, to viſit his Dioceſs himſelf; but though he was not upon the Soil of the Vineyard, he was in the Tower of it, to over-look the Vine-Dreſſors. Though he was abſent in his Body, he was preſent in the Care and Watchfulneſs of his Spirit, and as our Saviour ſaid of the Woman that poured her precious Spikenard upon him, Quod potuit, fecit, Marc. 14.8. So I doubt not but God did accept it from him, that he did what he could. He heard often from thoſe whom he had ſurrogated, and appointed in Office to give him Information; and was ſo aſſiduous to enquire after all Occurrences in thoſe many Parochial Towns, that were under his Paſtoral Power, that he would be very angry at the leaſt Slackneſs of his Miniſters, and was us'd to ſay, They might provoke him with Negligence, but never moleſt him with double Diligence; for he could read as much in an Hour, as they would write to him in a Week. Mr. W. Boſwel his Secretary, and Cuſtos of his Spirituality, and chief Servant under him in this Work, was all in all ſufficient for it, eximious in Religion, Wiſdom, Integrity, Learning, (as the Netherlands know, where he was long time Agent and Embaſſador for King Charles.) Through Mr. Boſwell's Collection, and narrow Search, the Dioceſan of ſo large a Precinct, together with the Names of every Parſon and Vicar, was able to ſpeak of their Abilities, and manner of Life, which I think no Memory could carry away; but that it is credible he had ſome Notes affixed to every one of their Perſons. For he could decipher the Learning of each Incumbent, his Attendance on his Cure, his Conformity, his Behaviour, as well as moſt men knew them in their reſpective Proximities. I do not ſay he had a paſſive Infallibility, but that he might be abuſed with untrue Relations. But for the moſt part a good Head-piece will diſcover a counterfeit Suggeſtion, and cruſh the Truth out of Circumſtances. The Sum is, He did as much as a Biſhop could do, while, for the ſpace of four Years and a half, Neceſſity would not ſuffer him to reſide with his Clergy: whom they knew not that they miſt him, till he removed from London to live among them, and made a large Amends for his Abſence, when he ſetled at Bugden. In the mean time his Apocriſarii, they, to whom he had committed his Truſt and Authority, were among them, to hear their Complaints, and to Judge Right. Now it is a good Rule in St. Cyprian, to a laudable Purpoſe, though the Father applies it for once to a Bad, Epiſt. 61. Non poteſt videri certaſſe qui vicarios ſubſtituit; & qui pro ſe uno plures ſuccidaneos ſuggerit. He that fills his Office with a good Co-adjutor, his Abſence may be diſpenc'd with for a time upon reaſonable Cauſe: For a good Subſtitute is not a Shadow, but a Subſtance. Howſoever, whether his Abode were within his Dioceſs, or without it, he knew that the Calling of a Biſhop went along with him in every Place. And whatſoever the ſtanding Weight of his Buſineſs was that lay upon him, he remembred to ſtir up the Gift of God that was in him, by the Putting on of Hands. He Preached conſtantly in the Abby of Weſtminſter, at the great Feſtivals of our Saviour's Nativity, Reſurrection, and Whit-Sunday: On which high Days, he ſung the Common Prayers, Conſecrated and Adminiſtred the Sacrament, the Great Seal of the Righteouſneſs of Faith; beſides the Sermon which he Preach'd every Lent in the King's Royal Chappel: Which was Work indeed, being ſo learnedly performed. For when he put his Hand to that Plough, no man cut up a deeper Furrow, that came into the Pulpit.
99. Such Examples of Preaching were neceſſary for this time; but very ill follow'd. For there were Divines more Satyrical than Goſpel-ſpirited, chiefly ſome among the Lecturers in populous Auditories, that were much overſeen. Banding their Diſcourſes either under the Line, or above the Line, againſt the quiet Settlement of preſent Government. Some carried their Fire in Dark-Lanthorns, and deplor'd the Dangers that hung over us. Some rail'd out-right, and carried the Brands end openly in their Mouth to kindle Combuſtion. Both did marvellouſly precipitate ſlippery Diſpoſitions into Diſcontents and Murmurings. The Treatiſe about the Spaniſh Match was the Breize that bit them, and made them wild. That was ſuch a Bugbear, that at the Motion of it, ſome that were conſcientious, and ſome that ſeem'd ſo, thought that the true Worſhip of God was a Ship-board, and Sailing out of the Realm. True Religion is the Soul of our Soul, and ought to be more tender to us than the Apple of our Eye. But we all know what will grow out of that Religion, when it is marked with Charity. It is not eaſily provok'd, thinketh no evil, beareth all things, believeth all things, hopeth all things, 1 Cor. 13. It is not diſtruſtful of it own faſtneſs, as if ſo good a Fortreſs could be puſh'd down with a bruiſed Reed. It will not raiſe Tumults and Tragedies from Miſapprehenſions, that float upon the idle Lake of Suſpicion. That the Orthodox Church of England ſhould totter upon this Occaſion, God be thanked it was not in proof, nor could be made evident. Sometimes Jealouſie is too watchful; ſometimes it is faſt aſleep. When the French Marriage was in Treaty, when it was concluded, when the Navy was under Sail to Land the Royal Bride, the Preachers were modeſt, and made no ſtir, not one Zealot complain'd of for jerking at it with unadvis'd paſſion. And yet the Daughter of France was a Daughter of the Roman Chair, no leſs then Donna Maria. She never had Commerce, nor ever like to have, with the Hugonots. The Swarms of her own Train, all Papiſts by Profeſſion, were ready to abound in our Land far more than from the Spaniſh Coaſt. Becauſe of the ſhort and eaſie paſſage from Calis to Dover, their Shavelings would fly over as thick as Waſps about a Honey-Pot. This was mightily dreaded, when the Mariage was in ſome forwardneſs between Queen Elizabeth, and the Duke of Anjoy, and oppoſed ſtrongly by ſome that were hot in the Mouth to their coſt. But now no Leproſie was ſuſpected, but from Spaniſh Popery. Which was aggravated with ſuch Inſolencies by ſome Eccleſiaſtical Fencers againſt the King's Honor; and the Sincerity of his Oath which he had taken, to maintain true Religion, that they were at the height of Rage to profeſs, Come, and let us ſmite him with the Tongue, Jerem. 18. Verſ. 18. So that his Majeſty rouzed up like a Lyon ſilenc'd ſome of the Offenders, impriſon'd ſome, threatned to arraign ſome for their Lives. Yet after he was come to more Serenity of Paſſion, the Lord Keeper, who thought as hardly of their Indiſcretion as the King himſelf did, was Advocate for them all, undertook to ſettle their Brains, and procur'd them their Liberty and their Livings. Among the reſt, he invented a merry Contrivance in the behalf of a very learned and miſguided Scholar, a Priſoner upon that ſcore. He told the King that he had heard, that ſome idle Goſſips complain'd of him grievouſly, and did not ſtick to curſe him. Why? What Evil have I done to them? ſays the King. Sir, ſays the Lord-Keeper, Such a Man's Wife, upon Tidings of her Husband's Impriſonment, fell preſently in Labour, and the Midwifes can do her no good to deliver her, but ſay it will not be effected till ſhe be comforted to ſee her Husband again: For which the Women that aſſiſt her revile you, that her Pains ſhould ſtick at ſuch a Difficulty. Now Weal away, ſays the King, ſend a Warrant preſently to releaſe him, leſt the Woman periſh. There was none that was worſe to be tamed than the Lecturer of St. Martins in the Fields, a great Opiniator, who was committed to the Gate-Houſe; and having ſcarce kiſs'd the Jayl, was reſtored to go abroad, and to Preach again at the Lord Keeper's humble Suit. Who gave him grave Advice, to take ſome other Theme to treat of before his Auditors, than the King's Counſels and Intentions. And what doth your Lordſhip preſcribe me to Preach upon? ſays this Frampul Man. What elſe? (and that you know your ſelf, ſays he,) But Jeſus Chriſt, and him Crucified. The next Sunday the Lecturer reſtor'd to his Place, takes for his Text 1 Cor. 2. V. 2. I determined not to know any thing among you, ſave Jeſus Chriſt, and him Crucified. And withal told the People, That a Biſhop and a great Stateſman, had reſtrain'd him to Preach of that only, and no other Scripture. Of which Indignity when Sir George Calvert, the Principal Secretary, had brought him News, he laugh'd heartily, and ſaid no more, But let him alone, Sir George, he hath vented his Crotchet: His Notes will not let him continue long on that Subject. He delights in Quarrels, but he ſhall never be queſtion'd for my ſake, if he will not trouble the King. So he dealt with him as Leo ſays he us'd Anataſius, Ep. 57. Benigniores circa ipſum, quam juſtiores eſſe volumus. A Magiſtrate is in a great ſtrait, that deals with ſuch a Head-ſtrong Piece. Whether he be ſummon'd to anſwer before Authority, or paſs'd over in Connivence, his Heart is as fat as Brawn, and hath no feeling of the Publick Peace: Dicere ſi tentes aliquid, tacitus ve recedas, Tantundem eſt, feriunt pariter, Juven. Sat. 3. Yet perhaps when they are left to themſelves, they will be ſooneſt weary of themſelves. And every Dunghil ſmells ill, but worſt when it is ſtirr'd.
100. A few things more, ſubjunctive to the former, were thought meet to be Caſtigated in Preachers at that time. It jarr'd in the Ears of the Diſcreet to hear ſome, that exercis'd in the Church, battle out they knew not what about Regal Authority, and limit which were the Encloſures of Subjection, and which were not. To Be ſubject to the Higher Powers, is a conſtant and a general Rule; and Reaſon can diſcern, that the Supreme Majeſty, which unqueſtionably is in our King, is inviolable. For omnis motus eſt ſuper quietem. That all Penalties againſt them that offend may move orderly, there muſt be a Power Quieſcent, and exempted from that Motion, not ſubject to Penalty by Man. He that maintains not this Principle, leaps wilfully into Confuſion, and will never get out of it. But for Active Obedience to Laws and Edicts, 'tis local, and therefore various. Every Nation know their own way beſt, to what they are tied, as we know ours. He is a Buſie-body that traſheth this in a Pulpit. A Miniſter is pur-blind of that ſide; and cannot tell how far the Eagle may fly: For it comes not under the Divine's Cap, but under the Judges Coif. A Scholar of Broad-Gates in Oxford, Mr. Knight, that had newly taken Orders, broke a Sermon againſt this Rock, in April 1022. out of Paraeus his Aphoriſms on the 13th Chap. ad Rom. (how far forth he underſtood him I contend not,) he deliver'd that which derogated much from the ſafety of Regal Majeſty. Dr. Pierce the Vicechancellor, a Learned Governor, found the Crime too great for the Cognizance of his Conſiſtory: But inform'd Biſhop Laud of all Paſſages, and the Biſhop the King. Preſently the Floods lift up their Voice: Ruine is thundred againſt Knight, who had ſet ſuch a Beacon on Fire in the Face of the Univerſity. To the Gate-Houſe he was committed a cloſe Priſoner, till a Charge were drawn up againſt him, to Impeach him of Treaſonable Doctrine. All other Paſſages I pretermit: And how the Charge came not in, ſhall be told by and by. But this weak Predicant, that run blindfold into Error and Deſtruction, lay in Limbo a great while macerated with fear, and want, and hard Lodging. Dr. White, he who purchas'd Sion-College for the Clergy of London, and conferr'd other Beneficence on the place, had like to have kept Knight Company. He Preach'd a Sermon at St. Paul's Church London, in his Reſidentiaries Courſe, though very Aged, and was better able to diſcharge it Forty Years before. There were among thoſe that heard him ſome that wreſted his Words to a bad meaning, as if he had prick'd the Court in the Baſilick, or Liver-Vein. Though his Doctrine was harmleſs in good Conſtruction, yet a Tale was told to the King to the contrary, for he was very Rich. That was the Carrion after which the Crows cawed. Though he was Orthodox, his Money was Heterodox; and the Informers look'd to part it among them. To avoid this Peril, Dr. White fled to the Lord Keeper's Sweetneſs and Civility, who aſſured him he would do him the beſt Office he could. He thought upon the Doctor, and forgot not Mr. Knight, but rubb'd his Fore-head to find a Stratagem how to hunt two Hares at one Courſe. The next time he came into the King's Preſence he fell upon it, how to amaze his Majeſty with a Paradox. Some Inſtructions were appointed to be drawn up by his Diſcretion and Stile for the Performance of uſeful and Orderly Preaching. Which being under his Hand to diſpatch, he beſought his Majeſty that one Proviſo might paſs among the reſt, that none of Holy Calling might Preach before the Age of thirty years compleat, nor after threeſcore. On my Soul, ſays the King, the Devil, or ſome Fit of Madneſs is in the Motion; For I have many great Wits, and of clear Diſtillation, that have Preach'd before me at Royſton and New-Market to my great Liking, that are under Thirty. And my Prelates and Chaplains, that are far ſtricken in Age, are the beſt Maſters, in that Faculty that Europe affords. I agree to all this, ſays the Lord Keeper, and ſince Your Majeſty will allow both Young and Old to go up into the Pulpit, it is but Juſtice that you ſhew Indulgence to the Young Ones, if they run into Errors before their Wits be ſettled (for every Apprentice is allow'd to mar ſome Work, before he be cunning in the Myſtery of his Trade); and Pity to the Old Ones, if ſome of them fall into Dotage, when their Brains grow dry. Will Your Majeſty conceive Diſpleaſure, and not lay it down; if the former ſet your Teeth on edge ſometimes, before they are mellow-wiſe; and if the Doctrine of the latter be touch'd with a Blemiſh, when they begin to be rotten, and to drop from the Tree? This is not unfit for Conſideration, ſays the King, But what do you drive at? Sir, ſays he, Firſt, to beg your Pardon for mine own Boldneſs: Then to remember you that Knight is a Beardleſs Boy, from whom Exactneſs of Judgment could not be expected. And that White is a decrepit ſpent Man, who had not a Fee-Simple, but a Leaſe of Reaſon, and it is expir'd. Both theſe, that have been fooliſh in their ſeveral Extreams of Years, I proſtrate at the Feet of your Princely Clemency. Which was granted, as ſoon as the Paradox was unridled to pitch upon them. Another Guſt, that blew from the ſame Cape, I mean from the Pulpit, began to be ſo boiſterous, that it came very croſs to his Majeſty's Content. Our Unity among our ſelves was troubled in Point of Doctrine; which was not wont. The Synod of Dort in the Netherlands having lately determined ſome great Controverſies, awakned the Oppoſition of divers Scholars in our Kingdom, who lay ſtill before. Learned and Unlearned did begin to conflict every Sunday about God's Eternal Election, Efficacy of Grace in our Converſion, and Perſeverance in it, with much Noiſe, and little Profit to the People. The King, who lov'd not to have theſe Dogmatizers at Variance, us'd all ſpeed to take up the Quarrel early, that our Variances might not reproach us to them that were without. For there was that in him, which Pope Leo applauded in Marcian the Emperor, Ep. 70. In Chriſtianiſſimo Principe ſacerdotalis affectus. He was a mixt Perſon indeed, a King in Civil Power, a Biſhop in Eccleſiaſtical Affections. After he had ſtruggled with the Contentious Parties a while, and interpoſed like Moſes, Sirs, ye are Brethren, Acts 7.26. and that this rebated not the keen Edge of Diſcord, he commanded Silence to both Sides, or ſuch a Moderation as was next to Silence. Firſt, Becauſe of the Sublimity of the Points. The moſt of Men and Women are but Children in Knowledge; and ſtrong Meat belongs to them only that are of full Age, Hebr. 5.14. St. Auſtin ſubſcribed to that Prudence, Lib. 2. de porſev. c. 16. Unile eſt ut taceatur aliquod verum propter incapaces. Secondly, Becauſe the tickliſh Doctrine of Predeſtination is frequently marr'd in the handling; either by ſuch as preſs the naked Decree of Election ſtanding alone by it ſelf, and do not couple the Means unto it, without which, Salvation can never be attained; or by thoſe that hold out God's peremptory Decrees concerning thoſe, whom eſpecially he hath given to Chriſt, and do not as much, or more, enforce the Truth of Evangelical Promiſes made to all, and to every Man, that whoſoever believeth in the Son of God, ſhall not be confounded. Now let the Reader conſider all the Premiſes, and he ſhall find how the Inſtructions that follow, depend upon them: Which in Form and Stile were the Lord Keepers, in the Matter his Majeſty's Command, and were called Directions concerning Preachers
101. Foraſmuch as the Abuſes and Extravagancies of Preachers in the Pulpit have been in all Ages repreſſed in this Realm by ſome Act of Council or State, with the Advice and Reſolution of Grave and Learned Prelates; inſomuch as the very Licencing of Preachers had his Beginning by an Order of the Star-Chamber, … July … Hen. 8. And that at this preſent. young Students, by Reading of late Writers, and ungrounded Divines, do broach Doctrines many times unprofitable, unfound, Seditious and Dangerous, to the Scandal of this Church, and Diſquieting of the State and preſent Government. His Majeſty hath been humbly entreated to ſettle for the preſent, either by Proclamation. Act of Council, or Command, the ſeveral Dioceſans of the Kingdom, theſe Limitations, and Cautions following, untill by a general Convocation, or otherwiſe, ſome more mature Injunctions might be prepared and enacted in that behalf. Firſt, That no Preacher (under the Degree and Calling of a Biſhop, or Dean of a Cathedral or Collegiate Church) do take occaſion, by the Expounding of any Text of Scripture whatſoever, to fall into any Diſcourſe or common Place (otherwiſe than by opening the Coherence and Diviſion of his Text) which ſhall not be comprehended and warranted in Eſſence, Subſtance, Effect, or natural Inference, within ſome one of the Articles of Religion ſet forth 1562; or in ſome one of the Homilies ſet forth by Authority in the Church of England, not only for a Help to the Non-preaching, but withal, for a Pattern, and a Boundary (as it were) for the Preaching Miniſters. And for their further Inſtruction for the Performance hereof, that they forthwith read over and peruſe diligently the ſaid Book of Articles, and the two Books of Homilies. Secondly, That no Parſon, Vicar, Curate or Lecturer, ſhall Preach any Sermon or Collation upon Sundays and Holy Days hereafter in the Afternoon, in any Cathedral or Pariſh Church throughout the Kingdom, but upon ſome Part of the Catechiſm, or ſome Text taken out of the Ten Commandments, or the Lords Prayer (Funeral Sermons only excepted.) And that thoſe Preachers be moſt encouraged and approved of, who ſpend this Afternoon's Exerciſe in the Examining of the Children in their Catechiſms, and in the Expounding the ſeveral Heads and Subſtance of the ſame, which is the moſt ancient, and laudable Cuſtom of Teaching in the Church of England. Thirdly, That no Preacher, of what Title ſoever, under the Degree of a Batchelor of Divinity, at the leaſt, do henceforth preſume to Preach in any Popular Auditory, the deep Points of Predeſtination, Election, Reprobation, or of the Univerſality, Efficacy, Reſiſtibility, or Irreſiſtibility of Gods Grace, but leave thoſe Themes to be handled by Learned Men, and that moderately and modeſtly, by way of Uſe and Application, rather than by way of poſitive Docttine, as being Points fitter for the Schools and Univerſitles, than for ſimple Auditories. Fourthly, That no Preacher, of what Title or Denomination ſoever, under the Degree and Calling of a Biſhop, ſhall preſume from henceforth, in any Auditory within this Kingdom, to Declare, Limit, or bound out, by way of poſitive Doctrine, in any Sermon or Lecture, the Power, Prerogative, Juriſdiction, Authority, or Duty of Sovereign Princes, or to meddle with Matters of State, and the References between Princes and the People, otherwiſe than as they are Inſtructed and Precedented in the Homily of Obedience, and in the reſt of the Homilies and Articles of Religion, ſet forth (as before is mentioned) by Publick Authority; but rather confine themſelves wholly to thoſe two Heads of Faith and good Life, which are all the Subject of the ancient Sermons and Homilies. Fifthly, That no Preacher, of what Title or Denomination ſoever, ſhall cauſeleſly, and without any Invitation from the Text, fall into any bitter Invectives, and undecent raiſing Speeches or Scoſlings againſt the Perſons of either Papiſts or Puritans; but modeſtly, and gravely, when they are occaſion'd thereunto by the Texts of Scripture, free both the Doctrine and Diſcipline of the Church of England from the Aſperſions of either Adverſary; eſpecially where the Auditory is ſuſpected to be tainted with the one or the other Infection. Laſtly, That the Arch-Biſhops, and Biſhops of the Kingdom (whom his Majeſty hath juſt Cauſe to blame for former Remiſneſs) be more wary and choice in Licenſing of Preachers, and revoke all Grants made to any Chancellor, Official, or Commiſſary to paſs Licenſes in this kind. And that all the Lecturers throughout the Kingdom (a new Body ſevered from the ancient Clergy of England, as being neither Parſons, Vicars, nor Curates) be Licenced henceforward in the Court of Faculties only, with a Fiat from the Lord Arch-Biſhop of Canterbury, and a Confirmation under the Great Seal of England. And that ſuch as tranſgreſs any one of theſe Directions, be ſuſpended by the Lord Biſhop of the Dioceſs (or in his Default, by the Lord Arch-Biſhop of the Province:) Ab officio, & beneficio; for a Year and a Day, untill his Majeſty, by the Advice of the next Convocation, ſhall preſcribe ſome further Puniſhment.
102. Theſe Orders were well brought fourth, but Succeſs was the Step-Mother. Deſtinata ſalubriter omni ratione potentior fortuna diſcuſſit. Curtius lib. 5o. Croſſneſs and Sturdineſs took beſt with the Vulgar, and he was counted but a Cockney that ſtood in awe of his Rulers. No marvel if ſome were brought to no State of Health, or toward any Temper of Convaleſence with theſe Mandates. Nothing is ſo hardly bridled as the Tongue, ſaith St. James, eſpecially of a miſ-guided Conſcience; when their Bladder if full of Wind, the leaſt Prick of a Thorn will give it eruption. A Fool traveleth with a Word, as a Woman in Labour of a Child. Ecclus. 19.11. Reſtraint is not a Medicine to cure epidemical Diſeaſes; for Sin becomes more ſinful by the Occaſion of the Law. Diliguntur immodice ſola quae non licent, ſays one of the Exteriors, Quintil. decl. 1a. The leſs we ſhould, the more we would. Curb Cholerical Humours, and you preſs out Bitterneſs; as it is incident to thoſe that are ſtrait-lac'd, to have ſower Breaths. The Scottiſh Brethren were acquainted by common Intercourſe with theſe Directions, that had netled the aggrieved Pulpitarians: And they, ſays Reverend Spotſwood, P. 543. accuſe them to be a Diſcharge of Preaching, at leaſt a Confining of Preachers to certain Points of Doctrine, which they call Limiting of the Spirit of God. But the Wiſer Sort judged them both neceſſary and profitable, conſidering the Indiſcretion of divers of that ſort, who to make Oſtentation of their Learning, or to gain the Applauſe of the Popular, would be medling with Controverſies they ſcarce underſtood, and with Matters exceeding the Capacity of the People. But what a Pudder does ſome make for not ſtinting the Spirit, or Liberty of Prophecying, as others call it? They know not what they ask. Such an indefinite Licence is like the Philoſopher's Materia Prima, a monſtrous Paſſive Subject without Form: A Quid libet, which is next to nothing. Indeed it is a large Charter to pluck down, and never to build up. Every Man may ſling a Stone where he will, and let it light as Luck carries it. But how can the Houſe of God be built, unleſs the Builders be appointed to ſet up the Frame with Order and Agreement among themſelves, according to the Pattern which was ſhewn in the Mount? Try it firſt in Humane Affairs, and ſee how it will ſadge with them, before we proceed to Heavenly. Diſſolve the publick Mint, let every Man Coin what Money he will, and obſerve if ever we can make a Marchandable Payment. Their Confuſion is as like to this, as a Cherry to a Cherry. Give their Spirit as much Scope as they ask: Let them Coin what Doctrine they will with the Minting-Irons of their own Brain. They may pay themſelves with their own Money; but will it paſs with others for Starling? Will it go for current Divinity? To meet them home. Suppoſe this Priviledge were allow'd; yet every good Spirit will limit it ſelf to lawful Subjection. Yet theſe would not: Then what Remedy? in earneſt none was try'd. It is the height of Infelicity to be incurable. As Pliny in his Natural Hiſtory, ſaid of Laws made againſt Luxury in Rome, which would not be kept down, therefore the Senators left to make Laws againſt it. Fruſtra interdicta quae vetucrant cernentes, nullas potiùs quam irritas eſſe Leges maluerunt.
103. Neither were uncharitable Suſpicions like to mend. For the Unſatisfied, that ſung ſo far out of Tune, had another Ditty for their Prick-Song. The King's Letters were directed to the Lord Keeper to be Copy'd out, and ſent forth to the Judges and Juſtices to afford ſome Relaxation of our Penal Laws to ſome, but not all Popiſh Recuſants. Which made ſundry Miniſters interpoſe very harſhly, and in the Prophet Malachy's Stile, Chap. 2. Ver. 13. To cover the Altar of God with Tears, and Weeping, and Crying; but the Lord regarded not the Offering, neither received it with Good-will at their Hands. What could this mean, as they conjectured, but the higheſt Umbrage to the Reformed Religion, and …at Toer…ion of Popery? Leave it at that croſs way, that they knew not whither this Project will turn. Nay, Should they not hope for the beſt Event of the Meaning? A King is like to have an ill Audit, when every one that walks in the Streets will reckon upon his Councels with their own caſting Counters. It is fit in ſundry Occurrences, for a Prince to diſguiſe his Actions, and not to diſcover the way in which he treads. But many times the Wiſdom of our Rulers betrays them to more Hatred than their Follies, becauſe Idiots preſume that their own Follies are Wiſdom. Plaurus diſplays theſe impertinent Inquiſitors very well in Trinummo. Quod quiſque habet in animo, aut habiturus eſt, ſciunt. Quod in aurem Rex Reginae dixerit, ſciunt. Quae neque futura neque facta ſunt, illi ſciunt. Yet theſe Fault-ſinders were not jear'd out of their Melancholly, though they deſerv'd no better, but were gravely admoniſhed by his Majeſty Vivâ voce, in theſe Words. I underſtand that I am blamed for not executing the Laws made againſt the Papiſts: But ye ſhould know, that a King and his Laws are not unfuly compared to a Rider and his Horſe: The Spur is ſometime to be uſed, but not always. The Bridle is ſometime to be held in, at other times to be let looſe, as the Rider finds Cauſe. Juſt ſo a King is not at all times to put in Execution the Rigor of his Laws; but he muſt for a time, and upon juſt Grounds, diſpenſe with the ſame: As I proteſt to have done in the preſent Caſe, and to have conniv'd only for a time, upon juſt Cauſe, howbeit not known to …. If a Man, for the Favour ſhew'd to a Prieſt or Papiſt, will judge me to be inclining that way, he wrongs me exceedingly. My Words, and Writings, and Actions have ſufficiently … what my Reſolution is in all Matters of Religion. That Cauſe not known to … in part unfolded by that grave Father, Spotſwood, where I quoted him …. Says he, The Better and Wiſer Sort (of his Country-men) who conſidered … Eſtate of things, gave a far other Judgment thereof (than the Diſcontented:) … then our King was treating with the French King for Peace to the Proteſtants of France; and with the King of Spain, for withdrawing his Forces from the Palatinate. At which time it was no way fitting that he ſhould be Executing the Riger of his Laws againſt Papiſts at Home, while he did labour for Peace to them of the Religion Abroad. The moſt likely way to obtain what he did ſeek of thoſe Princes, being a Moderation of the Severity of Laws againſt Prieſts and Papiſts, at leaſt for a time. Thus far that wiſe man; but the Reaſon was ſtronger than he enforc'd it. For in ſundry Places beyond our Seas, the Churches of the moſt diſconſolate Reformed were never ſo near, if not to an Extirpation, yet to an utter Diſperſion. Thoſe in Bohemia and Moravia were hunted from Hole to Hole by the Emperor's Men of War. The King of Spain was Victorious over the perſecuted Servants of Chriſt in the Val-Teline. The King of France prepared to lay Siege to Rochel, and to all his fenced Cities that were in the Hands of the Proteſtants. The Duke of Savoy was ſuſpected that he would watch this time to ſurround Geneva with an Army, while Cuſpis Martis ſhin'd ſo ſiniſtrouſly upon their Brethren every where. Now what Remedy was more ready to pacifie theſe deſtroying Angels, for their Sakes, with whom we walk'd in the Houſe of God as Friends, then to begin in Clemency, to thoſe among us, that carry their Mark? Can a Kingdom be governed without ſuch Correſpondencies? Salmaſius in his Notes upon Simplicius, introduceth Ariſtides, Sirnamed the Juſt, that he was compell'd to unpeg his Rigor, and to make it go to a ſofter Tune in rugged Times, foreign, as he tranſlates it, Quod rationibus patrae ſe accommodaret, quae multâ injuſtitiâ opus habert. Neceſſity is ſo great a Part of Reaſon, that that is Juſtice, which looks like Injuſtice, becauſe of Neceſſity. Our good People, forſooth, would have the Proteſtants ſuffer no Ill Abroad, under the Dominions of the Pontificians, and yet mitigate no Severity to Pontiſicians under the Dominion of Proteſtants. Hand ſtulte ſapis, ſiquidem id eſt ſapere, velle id quod non poteſt contingore, ſays the Comaedian. This is wiſely laid, if a thing may be wiſely laid, which can never be effected. I am not able to expreſs this ſo well as the Lord Keeper hath done in his Sermon preached at King James's Funeral, P. 49. This Bleſſed King, in all the time I ſerv'd him, did never, out of deep and juſt reaſon of State, and the bitter Neceſſity of Chriſtendom, in theſe latter Times, give way to any the leaſt Connivance in the World towards the Perſon of a Papiſt (for to his Doctrine he never did, he never would do, nor was there any Conſideration under Heaven would have forc'd him thereunto;) but he ſtrictly guided himſelf in the ſame by ſome notable Precedent of Queen Elizabeth (the Load-Star of all his greateſt Actions) and that in the very Point; and bath'd his Favours in Showers of Tears (I ſpeak it in the Preſence of Almighty God) leaſt thoſe Intendments of his for the apparent Good of the State, might ſcandalize, for all that, in an oblique Line his weak, but well-meaning Subjects in their Religion and Doctrine. This was a Teſtimony of the Integrity of theſe Proceedings almoſt three years after: But for preſent, and full Satisfaction, here followeth a long Letter, anticipated in the Cabal, but here inſerted in its proper Place, which was written to the Lord Viſcount Anan by the ſame Hand, Sept. 17. 1622; declaring the Nature and Reaſon of the Clemency, at that time, extended to the Lay-Recuſants of England.