The church-history of Britain from the birth of Jesus Christ until the year M.DC.XLVIII endeavoured by Thomas Fuller.

SECTION VI.

To the Master, Wardens, and all the Members of the Honorable Company of Mercers of London.

As it would be a sin of omission in me (so much obli∣ged to your society) should no share in my History be allowed unto you, so I should commit a great incon∣gruity, if assigning it any where else, then in the Reign of Queen Elizabeth. Whose great Grandfather Sr. Godfrey Bollen (1458. Major of London) is generally believed one of your Company, so that the Crowned Maidenhead in your Arms, may in some sort seem Propheticall, Presaging such a Queen-Virgin should be extracted from one of your Society, as the Christian-World could not paralel in all particulars.

Indeed much of credit is imported in your very Name. For seeing all Buyers and Sellers, are Mercers à Mercando, Custom hath confined and fixed the term Emi∣nently on your Corporation, as alwayes the prime Chapmen of our Nation, in which respect you have the precedency of all other Companies.

I will detain you no longer from better Customers, wishing you sound wares, quick vent, good prizes, sure payment. One Commodity alone excepted, I mean the Truth it self, * 1.1 this buy and sell it not, Purchase it on any terms, but part with it on no Conditions.

ABout four a clock in the afternoone on the Lords day,* 1.2 a sad accident hap••ned in Paris-gard••n, on the south∣side of Thames,* 1.3 over against London. Whilest mul∣titudes were beholding the baiting of the bear, the old under-propped Scaffolds overladen with people, suddenly fell down, killeda 1.4 eight outright, hurt, and bruised many moe, to the shortning of their lives. Theb 1.5 assertors of the strict observation of the Sabbath, vigorously improve this (as well they may) against them who prophane the Lords-day, which afterwards (the joyfull effect of a dolefull cause) was generally kept with more carefulness.

2. Robert Brown began at this time to broach his opinions.* 1.6 he was born in Rutland-shire, of an ancient and worshipfull family (one whereof found∣ed a fair Hospital ina 1.7 Stamford) nearly allied to the Lord Treasurer Cicel. He was bred for a time in Cambridge (I conceive in Corpus Christi Colledge) but question, whether ever a Graduate therein. He used some time to preach at Bennet-Church, where the vehemency of his utterance passed for zeal among the Common people, and made the vulgar to admire, the wise to suspect him. D^r. Still, afterwards Master of Trinity (out of curiosity, or casually present at his preaching) discovered in him something extraor∣dinary, which he presaged would prove the disturbance of the Church, if not seasonaly prevented. Some years after, Brown went over into Zealand, to purchase himself more reputation from forraign parts. For, a smack of travail gives an high taste to strange opinions, making them better relished to the licourish lovers of novelty. Home he returne with a full crie against the Church of England, as having so much of Rome, she had nothing of Christ in her discipline.

Norfolke was the first place whereon Brown (new flown home out of the Low-Countries) pearched himself, and therein in the City of Norwich. A place which then spake little more then medietatem linguae, having almost as many dutch strangers, as English natives inhabiting therein. Brown beginning with the Dutch, soon proceeded to infect his own Country-men, for which he was confined, as the following letter of the Lord Treasurer Burghly, to BP.〈…〉〈…〉Phrcke of Norwich will informe us.

AFter my very hearty commendations to your Lordship; whereas I understand that one Brown a Preacher is by your Lordship and others of the Ecclesiasticall Commission committed to the cu∣stody of the Sheriff of Norfolk, where he remains a prisoner, for some matters of offence uttered by him by way of preaching, wherein I per∣ceive by sight of some letters written by certain godly preachers in your Lordships Diocess he hath been dealt with, and by them disswa∣ded from that course he hath taken. Forasmuch, as he is my kinsman; if he be son to him whom I take him to be, and that his errour see∣meth to proceed of zeal rather then of malice, I do therefore wish he were charitably conferred with and reformed, which course I pray your Lordship may be taken with him, either by your Lord∣ship or such as your Lordship shall assigne for that purpose. And in case there shall not follow thereof such success, as may be to your liking, that then you would be content to permit him to repair hi∣ther to London, to be further dealt with as I shall take order for up∣on his coming, for which purpose I have written a letter to the Sheriff, if your Lordship shall like thereof. And so I bid your Lordship right heartily farewell.

From the Court at Westminster this 21. of April. 1581.

Your Lordships very loving friend W. B.

Brown being thus brought up to London, by the advice of his friends was wrought to some tolerable compliance, and being discharged by the Arch-Bishop of Canterbury, was by the Lord Treasurer sent home to his father Anthony Brown at Tolethorp in Rutland Esquire. One I assure you of ancient, and right worshipfull extraction, having my self seen a charter granted by King Henry the eighth, (the 16^th of July, in the 18^th. of his reign) and confirmed by act of Parliament, to Francis Brown father to the aforesaid Anthony, giving him leave to put on his cap, in the presence of the King or his heirs, or any Lord Spirituall or Temporall in the land, and not to put it off but for his own ease, and pleasure. But let us see and the Lord Treasurers letter in the behalf of Brown to his father.

AFter my very hearty commendations, understanding that your son Robert Brown, had been sent for up by my Lord Bishop of Canterbury, to answer to such matters as he was to be charged with∣all, conteined in a Book made by him, and published in print (as it was thought) by his means: I thought good, considering he was your Son, and of my blood, to send unto my Lord of Canterbury in his behalf, that he might finde what reasonable favour he could shew him; before whom I perceive he hath answered in some good sort; and although I think he will not deny the making of the Book, yet by no means will he confess to be acquainted with the publishing or printing of it. He hath besides yielded unto his Lordship such fur∣ther contentment, as he is contented (the rather at my motion) to discharge him, and therefore for that he purposeth to repair to you, I have thought good to accompany him with these my letters, and to pray you for this cause, or any his former dealings, not to withdraw from him your fatherly love and affection, not doubting but with time he will be fully recovered, and withdrawn from the Reliques of some fond opinions of his, which will be the better done, if he be dealt withall in some kinde, and temperate manner. And so I bid you very heartily farewell.

From my house neer the Savoy this eighth of October 1585.

Your loving friend and Cousin, William Burghley.

But it seems Browns errours were so inlaid in him, no conference with Divines could convince him to the contrary, whose incorrigibleness made his own father weary of his company. Men may wish, God only can work, children to be good. The old gentleman would own him for his Son no longer, then his Son owned the Church of England for his Mother, desiring to rid his hands of him, as by the insuing letter will appear.

AFter my very hearty Commendations, I perceive by your letters, that you have little or no hopes of your sons confor∣mity, as you had when you received him into your house, and there∣fore you seem desirous that you might have liberty to remove him further off from you, as either to Stamford, or some other place, which I know no cause but you may very well and lawfully do, where I wish he might better be perswaded to conforme himself for his own good: and yours, and his friends comfort. And so I very heartily bid you farewell.

From the Court this seventeeth of February. 1585.

Your very loving friend and cousin William Burghley.

Thus to make our Story of the troublesom man the more entire, we have trespassed on the two following years, yet without discomposing our Chrono∣logie on the Margin.

3. With his assistant Richard Harrisen,* 4.1 a petty Pedagogue, they inveigh∣ed against Bishops, Ecclesiasticall Courts, Ceremonies, Ordination of Mi∣nisters, and what not? fancying here on earth a platform of a perfect Church, without any faults (understand it thus, save those that are made by themselves) therein. The Reader, if desirous to know their opinions, is referred to the large, and learned Treatises written against them; parti∣cularly to the pains of D^r. Fulke, proving, that the Brownists (so named from this Brown, their ringleader) were in effect the same with the ancient Donatists, only newly reviv'd. Thus there is a circulation, as in fashion of clothes; so of opinions, the same after some years return: Brownisme being no more than Donatisme vamped with some new additions. The Queen, and Her Councell seriously set themselves, first by gentleness to reduce, and (that not succeeding) by severity to suppress the increase of this faction. Brown himself used to boast, that he had been committed to thirty two prisons, and in some of them be could not see his hand at noon day, Yet for all this he came off at last both with saving his life, and keeping his living (and that none of the meanest, Achurch in Northampton-shire) untill the day of his death.

4. One may justly wonder,* 4.2 when many meaner Accessaries in this schism were arraigned, condemned, executed, how this Brown, the Princi∣pal, made so fair an escape, yea, enjoyed such preferment. I will never believe, that he ever formally recanted his opinions, either by word or writing, as to the main of what he maintained. More probable it is, that the promise of his genéral compliance with the Church of England (so far forth as not to make future disturbance therein) met with the Arch-Bishops courteous acceptance thereof, both which effectually improved by the countenance of Thomas Cecil, Earl of Exeter (Brown's near kinsman, and patron) procured this extraordinary favour to be indulged unto him. His Parsonage he freely possess'd allowing a sufficient salary for one to discharge the cure; and (though against them in his judgement) was contented (and perchance pleased) to take the tithes of his own parish.

5. For my own part (whose nativity Providence placed within a mile of this Brown his pastorall charge)* 4.3 I have, when a youth, often beheld him. He was of an imperious nature, offended, if what he affirm'd, but in common discourse, were not instantly received as an oracle. He was then so far from the Sabbatarian strictness, to which some preciser Brownists did afterwards pretend, that both in judgement, and practise, he seemed rather libertine therein. In a word, he had in my time a wife, with whom, for many years he never lived, parted from her on some distaste: and a Church, wherein he never preached, though he received the profits thereof.

6. As for his death in the prison in Northampton,* 4.4 many years after (in the reign of King Charles Anno 1630.) it nothing related to those opin∣ons he did, or his followers do maintain. For as I am credibly informed, being by the Constable of the Parish (who chanced also to be his God-son) somewhat roughly and rudely required the payment of a rate, he happ'ned in passion to strike him. The Constable (not taking it patiently as a casti∣gation from a God-father, but in anger as an affront to his office) complai∣ned to S^r. Rowland S^r. John, a neighbouring Justice of the peace, and Brown is brought before him. The Knight of himself, was prone rather to pity, and pardon, than punish his passion; but Browns behaviour was so stub∣born, that he appeared obstinately ambitious of a prison, as desirous (after

long absence) to renew his familiarity with his ancient acquaintance. His Mittimus is made, and a cart with a feather-bed provided to carry him, he himself being so infirme (above eighty) to goe, too unweldie to ride, and no friend so favourable, as to purchase for him a more comly conveyance. To Northampton jayle he is sent, where, soon after he sickned, died, and was buried in a neighbouring Church-yard: and it is no hurt to wish, that his bad opinions had been interred with him.

7. The Tenents of Brownists daily increasing,* 4.5 their books were prohi∣bited by the Queens authority.* 4.6 Notwithstanding which prohibition, some presumed to disperse the same, and paid dearly for their contempt therein. For, Eliasa 4.7 Thacker was hanged on the fourth, and John Coping on the sixth of June, at the same place, St. Edmonds Burie, and for the same offence, the scattering such schismatical pamphlets.

8. John Whitgift succeeding in the Arch-Bishoprick,* 4.8 found it much sur∣charged in the valuation,* 4.9 and empaired in the revenues, through the negli∣gence of his predecessour, who would pay willingly what they asked of him, and take contentedly what any tendered to him. First therefore Whitgiftb 4.10 procured an order out of the Exchequer, for the abatement of an hundred pound for him, and his successours in the payment of his first∣fruits. Afterwards he encountred no meaner man, than that great Courti∣er, Souldier, and Privie-Councellour S^r. James Crosts; or rather he le∣gally contested with the Queen in him, and recovered from both, long c 4.11 Beachwood in Kent (containing above a thousand acres of land) de∣tained from his predecessour under colour of a lease from Her Majesty.

9. Thisd 4.12 year Nicholas Sanders (more truly Slanders)* 4.13 had in Ire∣land a wofull end of his wretched life. He was borne in S••rrey, bred first in Winchester, then in New Colledge in Oxford, where he was Kings-Professor of Canon-Law, but afterwards, banishing himself, fled to Rome, there made Priest, and D^r. of Divinity. He accompanied Cardinal Hosius, to the Councel of Trent, and there is said, by disputing, and declaiming to have gained himself great reputation. At last he was sent over. Popes Nuncio into Ireland, conceived then a desperate employment, and therefore many Catholicks regreted thereat. Yea, some were overheard to say (but it ise 4.14 Pitzaeus Sander's own sisters son, who reports it) Why does his Holi∣ness send our Sanders into Ireland? We value him more then all Ireland is worth. There amongst the bogs, and mountains was he starved to death, justly famished for want of food, who formerly had surfited on improbable lies, by him first forged on the nativity of Queen Elizabeth.

10. We must not forget,* 4.15 how this year, one John Lewes was burnt at Norwich for denying the Godhead of Christ, and holding other detestable heresies. He called himselff 4.16 Abdeit (let him tell you what he meant there∣by) alluding therein to the promise of a newg 4.17 name, which no man knoweth but him that receiveth it, having in it a little mock-Hebrew, to make himself the more remarkable.

11. Now,* 4.18* 4.19 so great was the malice of the Jesuits against Her Majesty,* 4.20 that at this time they set forth many slanderous libels, stirring up Her Sub∣jects, and Servants to do the same to Her, as Judith did toh 4.21 Holofernes. One of their principal pamphlets was intitled, A Treatise of Schism. The suspicion of making it, fell on Gregory Martin, one probable enough for such a prank (as being Divinity Professor in Rhemes) did not his Epitaph there i 4.22 ensure me, he was dead and buried, two years before. Though it is possible, his posthume work might be born abroad, after the death of the author thereof. But, whoever made it, William Carter, the Stationer, paid dearly for publishing it, being executed at Tiburn. And in the next moneth five Seminaries, John Fen, George Haddock, John Munden, John Nutter, and Thomas Hemmerford, were hanged, bowelled, and quartered for

treason, at Tiburn; and many others about the same time,* 4.23* 4.24 executed in other places.

12. Yet,* 4.25 even in the midst of this necessarie severity, Her Majesty was most mercifull unto many Popish malefactors, whose lives stood forfeited to the Laws, in the rigour thereof. For, no fewer then seventy Priests (some of them actually condemned to die, all legally deserving death) were, by one act of Grace, pardoned, and sent over beyond sea. Amongst these were

• 1. Gaspar Heywood, son to that eminent Epigrammatist, the firsta 4.26 Jesuite that ever set foot in England.
• 2. James Bosgrave.
• 3. John Hart, a learned man, zealous to dispute, not dangerous to pra∣ctice for his religion.
• 4. Edward Rishton, ungrateful wretch, who afterwards railed in print on the Queen, who gave him his life.

Her Majesties mercy herein was the more remarkable, because done at a time, when treasons against her person (by Arden Summerfield, Throgmor∣ton &c.) did follow, or rather, tread one on another. If hereafter the edge of justice fall sharper on Jesuits, let them thank their own trechery, which whetted it against themselves.

13. This year two conferences or disputations were kept,* 4.27 (the last at Lambeth) about the Discipline and Ceremonies of the Church.

• 1. Whitgift, Arch-Bishop of Canterbury. Sandys of York, and Cooper of Winchester for the same.
• 2. Unconforming Ministers (whose names I cannot certainly attain) against it.
• 3. The Lords of Her Majesties Privie Councell, and some other persons of Honour Auditors thereof.

This Conference effected nothing on the disputants (as to the altering of their opinions) little on the Auditors, but as much on all as any judicious person ever expected. What Eliah said passionately,b 4.28 I am no better then my Fathers, may be soberly said of this conference. It was no happier then any of its Ancestors, which went before it. Let me add also, and no unhappier than its successors that shall come after it. It being observed, that meetings of this nature before or after this time, never produced any great matter on persons present thereat: who generally carry away the same judgement they brought with them. And yet the Lords were pleased to say their judgements were sa∣tisfied in the point on the Bishops behalf, not conceving their adversaries ar∣guments so slight and triviall, as now they appeared. This was in some of them but a Court-Complement, who afterwards secretly acted against the Arch-Bishop, in favour of the other party.

14. Whitgift finding this first way unsuccessfull,* 4.29 fell from other reasoning to a flat argument from Authority, enjoyning all admitted to the Ecclesiasticall Orders, and Benefices, the subscription of the following Articles.

• 1. That the Queen had supream authority over all persons born within Her Dominions, of what condition so ever they were; and that no other Prince, Prelate, or potentate, hath, or ought to have any jurisdiction, Civil, or Ec∣clesiasticall, within Her Realms, or Dominions.
• ...

• 2. That the Book of Common-Prayer, and the Ordination of Bishops, Priests, and Deacons, containeth nothing contrary to the Word of God, but may lawfully be used; and, that they will use that, and none other.
• 3. That the Articles of Religion agreed in the Synod holden at London, in the year of our Lord 1562. and published by the Queens authority, they did allow of, and beleeve them to be consonant to the Word of God.

The severe inforcing of subscription hereunto, what great disturbance it occasioned in the Church, shall hereafter by Gods assistance be made to appear, leaving others to judge whether the offence was given, or taken thereby.

15. Now came forth the Rhemish Translation of the New Testament.* 5.1 A Translation which needeth to be translated, neither good Greek, Latine, or English, as every where bespeckled with hard words (pretended not rende∣rable in English without abatement of some expressiveness) which transcend common capacities. Besides, it is taxed by our Divines as guilty of abomi∣nable errours therein. It was printed in large paper, with a fair letter and margent, all which I have charity enough to impute to their desire to do it, for the more dignity of Gods word; whilest others interpret it, that there∣by purposely they inhaunced the price, to put it past the power of poore mens purses to purchase it. Another accident raised the dearness thereof, because so many books being seized on by the Queens Searchers, the whole price of the Edition fell the more heavie on the remainder. But, suppose a poor Lay-Catholick so rich through his industry, as secretly to purchase one of these Rhemish Testaments, he durst not avouch the reading thereof, without the permission of his Superiors licensing him thereunto.

16. Secretary Walsingham,* 5.2 by his letters solicited M^r. Thomas Cart∣wright, to undertake the refuting of this Rhemish Translation: and the better to enable him for the work, sent him an-hundreda 5.3 pounds out of his own purse. A bountifull gift for one, who was though a great States∣man, a man of small estate, contracting honourableb 5.4 poverty on himself, by his expence on the publick, as dying not so engaged to his private credi∣tors, as the whole Church, and State was indebted to his endeavours. Walsing∣ham his letters to Cartwright were seconded by another from the Doctours, and Heads of Houses (and D^r, Fulke amongst the rest) at Cambridge, besides the importunity of the ministers of London, and Suffolk, solliciting him to the same purpose, Hereupon Cartwright buckled himself to the employment, and was very forward in the pursuance thereof.

17. No sooner had Whitgift gotten notice,* 5.5 what Cartwright was a writing, but presently he prohibited his farther proceeding therein. It seems, Walsingham was Secretary of State, not of Religion, wherein the Arch-Bishop overpowred him. Many commended his care, not to intrust the defence of the Doctrine of England, to a pen so disaffected to the Disci∣pline thereof. Others blamed his jealousie, to deprive the Church of so learned pains of him, whose judgement would so solidly, and affections so zealously confute the publick adversary. Distastfull passages (shooting at Rome, but glancing at Canterburie) if any such were found in his book, might be expunged, whilest it was pity so good fruit should be blasted in the bud, for some bad leaves about it. Dishartened hereat, Cartwright de∣sisted; but some years after, encouraged by a Honourable Lord, resumed the work; but prevented by death, perfected no further then the fifteenth chapter of the Revelation. Many years lay this worthy work neglected, and the copy thereof mouse-eaten in part, whence the Printer excused some defects therein in his edition; which though late, yet at last came forth Anno 1618. A book, which notwithstanding the foresaid defects, is so

compleat,* 5.6* 5.7 that the Rhemists durst never return the least answer there∣unto.

18. Mean time whilest Cartwright his refutation of the Rhemish was thus retarded, D^r. William Fulke, Master of Pembroke-Hall in Cambridge, en∣tered the list against them, judiciously, and learnedly, performing his un∣dertaking therein. His daughter, and (as I take it) the only surviver of his children, lately set forth, the fourth and fairest edition of this his Confuta∣tion, and dedicated it to King Charls.

19. The Rhemists profess, in their preface to the New Testament, that the Old Testament also lieth by them for lack of good means to publish the whole in such sort,* 5.8 as a work of so great charge and importance requireth; which seemeth strange to a judicious consideration. For, had a voluminous legend of Saints-lives (with pictures as costly as superstitious) been to be set forth, a mass, a mint, a mine of mony could easily be advanced to defray the expences thereof. Thus Papists can be poor, or rich, as they please themselves. Some behold this their promise, to set forth the Old Testament, as not really intended,* 5.9 but given out to raise mens expectations, which in process of time would fall of it self, and the profer by degrees be forgotten. Others interpret their resolutions real, but purposely revoked, seeing the ill success of their New testament, so canvassed, and confuted by the Protestant Divines. Perceiving that their small pinace, which they first set forth, met at sea with such boisterous weather, wisely they would not adventure a greater vessel after it: but rather left it to rot on the dock, than they would lanch it forth in such danger. A third sort behold this their promise, as a modest, and manerly, (aliàs) a crafty, and cunning begging of a contribution of the Catholick party, for setting forth of the same, which never as yet came into publick view. Yea, the Old Testament some said would be old indeed, before the translation thereof in English were by them set forth: insomuch that some conceived, a lease of land, till this their promise be performed almost as good as the fee-simple thereof.

20. But now though men were so generally confident,* 5.10 that these long expected Rhemish notes on the Old Testament, would not come forth till the Greek Calends, they have since found themselves deceived, seeing some twenty years after, that long-lookt for work crept forth into the World, little notice being taken thereof by the Protestants. Partly, because no great eminency therein to intitle it to their perusall; Partly, because that moity of the Bible is of least concernment in the controversies betwixt us, and the Church of Rome.

21. I finde not this year the death of any eminent English Protestant-Divine.* 5.11 Amongst the Papists, George Etheredge departed this life, much lamented by those of his own perswasion. He was Bachelor of Physick in Corpus-Christi Colledge in Oxford, and Kings-professor of Greek in that University, which place he quitted at the coming in of Queen Elizabeth, and betook himself there to a private life. His house was an Hospital to relieve those of his own Religion, on whom he expended his estate. He was one of the primitive Catholicks (saith mya 5.12 author) persecuted for his consci∣ence. As he started soon, he ran long in the race of patience, used to all the jayles in Oxford, and London, for thirty years together. In so much that he professed, that the variety of prisons was some pleasure, and the custome of durance had made fetters to be freedom unto him.

22. This year came forth the exposition of M^r. Thomas Rogers,* 5.13 on the Articles of the Church of England; which at first met not with that well∣come entertainment, which seemed due to his endeavours. For, besides the two extremes, Papists, and Schismaticks, highly enraged, many Prote∣stants of a middle temper were much offended thereat. Some conceiv'd it presumption for any private Minister, to make himself the mouth of the

Church,* 5.14* 5.15 to render her sense in matters of so high concernment. Others were offended, that his interpretation confin'd the charitable latitude, for∣merly allowed in those Articles. The composers whereof, providently foreseeing, that doctrinal differences would inevitably arise, in so large a Church as England was, even betwixt Protestants agreeing in fundamentals of Religion, purposely couched the Articles in general terms (not that false∣hood should take shelter under the covert thereof, but) to include all such dissenters within the comprehensiveness of the expressions. Whereas now M^r. Rogers his restrictive Comment, shut out such from their concurrence with the Church of England, which the discreet laxity of the Text admitted thereunto. However the worth of the work, in some years wrought it self into good esteem, as dedicated to, and countenanced by the Arch-Bishop, though the author thereof never got any higher preferment.

23. Three great Societies at this time in London were busily imployed,* 5.16 the two former of them avouched by Law, and the third avouching it self, namely.

The Parliament.	The Convocation.	The assembly of Ministers
Begun and holden at Westminster, the twenty third day of November last, and there continu∣ed till the twenty ninth of March following, where∣in the Statute a∣gainst Jesuits, and Priests their de∣parting out, and not coming into the Realm, was made, with pe∣nalty for the re∣lieving them.	Kept in St. Pauls in Lon∣don, beginning with a most learned Latina 5.17 ser∣mon preached by John Copcot, Dr. of Divinity (afterwards Master of Bennet Colledge in Cam∣bridge) taking for his text 1 Tim. 6. 13. Praecipiotihi coram Deo. &c. Hence the Convocation was remo∣ved to the Collegiate Church of St. Peters in Westminster, where Dr. Goodman, Dean thereof, made a solemn protestati∣on with his fellow Pre∣bends, that the said meeting ought not to be prejudi∣ciall to the priviledges of his Church, his Protestati∣on was accepted, and assu∣rance given that the said Convocation met not there in any manner to infringe their Immunities, but only for the maturation of bu∣siness with the more expe∣dition through the conve∣niency of the place. William Redman, Dr. of Divinity, Arch-Deacon of Canter∣bury was chosen and pre∣sented Prolocutor.	The certain place of their convening not known, being clandestine, Arbitrary and changeable, as advised by their conveniences; they are better discovered by their moving then by their meeting, and their practices more conspicuous then their places. Some Agent for them were all day at the dore of the Parliament house, and some part of the night in the Chambers of Parliament men, effectually soliciting their business with them.

24. Wonder not if Arch-Bishop Whitgift repaired seldome to,* 5.18 and re∣sided but a short time in the Convocation, having other work to do in the Parliament, where what impression was made by the Agents of the Ministers, will appear by his ensuing Letter to her Majesty.

To the Queens most excellent Majesty.

MAy it please your Majesty to be advertised,* 6.1 that notwithstanding the charge of late given by your Highness to the lower house of Par∣liament for dealing in causes of the Church; Albeit also according to your Ma∣jesties good liking, we have set down orders for the admitting of meet men into the Ministry hereafter; yet have they passed a Bill in that house yester∣day, touching the matter, which, besides other great inconveniences, (as namely the trial of the Ministers sufficiency by twelve lay-men, and such like) hath this also, that if it pass by Parliament, it cannot hereafter but in Parliament be altered, what necessity soever shall urge thereunto; which I am perswaded in short time will appear, considering the multitude of livings, not fit for men so qualified, by reason of the smallness thereof: Whereas if it pass but as a Canon from us, by your Majesties Authority, it may be observed or altered at your pleasure. They have also passed a Bill giving liberty to marry at all times of the year, without restraint, contrary to the old Canons, continually observed amongst us; and containing mat∣ter which tendeth to the slander of this Church: as having hitherto main∣tained an errour. There is likewise now in hand in the same house, a Bill concerning Ecclesiasticall Courts, and Visitations by Bishops, which may reach to the overthrow of Ecclesiasticall Jurisdiction, and study of the Civill Laws: The pretence of the Bill is against excessive fees, and exactions in Ecclesiasticall Courts, which fees are none other then have been of long time accustomed to be taken, the Law already established, providing a sharp and severe punishment, for such as shall exceed the same; Besides an order also which we at this present have taken amongst our selves for the better performance thereof. I therefore most humbly beseech your Majesty, to continue your gracious goodness towards us, who with all humility sub∣mit our selves to your Highness, and cease not daily to pray for your happy estate,* 6.2 and long and prosperous Reign over us.

Your Majesties Chaplain and daily Orator most bounden John Cantuar.

Thus, the old year (on the last day whereof this Letter was dated) ended sad∣ly, and suspiciously, with the Prelates; but the next year began Cheerfully, and presented good tidings unto them.

25. For,* 6.3 the Queen, to verifie her Motto, SEMPER EADEM, and to disprove that Inconstancy generally charged on her sex, acquitted Her self more then Woman in Her masculine resolutions: and nothing of mo∣ment was altered in Church discipline. Many things indeed were offe∣red to both houses, debated, agitated, and (as it seems) passed the Commons;

but nothing in fine was effected. Thus the Major may propound what it plea∣seth, and the Minor assume what it listeth, but no conclusive argument could then be framed, without the Ergo of the royall Assent, which the Queen refused to affix to any materiall Alteration.

26. And few dayes after the session of the Parliament for the present broke off,* 6.4* 6.5 wherewith ended the assenbly of the Ministers. And now all of them had leave to depart to their own homes: Otherwise such members thereof, as formerly went away without leave, were obnoxious to cen∣sure. Witness one of them in his Ingenious confession.a 6.6 Touching my de∣parture from that holy assembly without leave &c. I crave pardon both of you and them &c: And thus commending this holy Cause to the Lord himself, and your Godly Councell to the President thereof, I take my leave.

27. The next day the Convocation ended,* 6.7 having effected nothing of moment, save that in the 9^th. session thereof, Iohn Hilton Priest, made a solemn Abjuration of his blasphemous heresies, according to the tenour ensuing.

b 7.1 In Dei nomine Amen.* 7.2 Before you most reverend father in God, Lord John Arch-Bishop of Canterbury, Primate and Metropolitane of all England, and the reverend fathers in God, the Bishops of this your Province of Canter∣bury, here Congregated and Assembled together in this holy Synod and Convocation, I John Hilton, Priest, of my pure heart, and free will, voluntarily and sincerely, knowledge, confess, and openly recognize, that in times past, I thought, beleeved, said, held, and presumptuously affir∣med, and preached the Errors, Heresies, Blasphemies, and damnable opini∣ons following, &c.

Here he distinctly read a Schedule containing his heresies, (which what they were may be collected by that which ensueth) and then proceeded as followeth.

Wherefore I the said John Hilton, detesting and abhorring all and every such my said Heresies, Blasphemies, and damned opinions; willing, and with all my power affecting, hereafter firmely to beleeve in the true and perfect faith of Christ, and his holy Church, purposing to follow the doctrine of Christ, and his holy Apostles, with a pure and free heart, voluntary minde, will and intent, utterly forsake, relinquish, renounce, and despise, the said detestable Errours, Heresies, Blasphemies, and Abominable opinions.

Granting, and confessing, that the blessed Trinity consisteth in three distinct persons, and one Godhead; as God the Father, God the Son, and God the Holy Ghost, coe quall in power and might.

Secondly, that Jesus Christ is both God and man, and my Saviour and Redee∣mer, and of all other baptized and beleeving in him. Who of his Father of his own substance in his humanity was conceived by the Holy Ghost, incarnate, and for our Redemption being very God became man.

And that by the death of Jesus Christ, we be not only made partakers of his Testament, and so deduced to the knowledge of his godly will, and power but also, that we have full Redemption, and Remission of our sins in his bloud.

And, where I did most ungodly, detestably, and blasphemously affirme, that the Old and New Testaments were Fables; now being most sorry for that abominable, and damnable assertion, I do most humbly andc 8.1—beleeve the same Testaments to contain all truths necessary to salvation, and that I and all others are bound to beleeve the same, as the undoubted word of God, and that without that I cannot be saved.

And therefore the said Errours, Blasphemies, and all other Heresies, false doctrines, and damned opinions in generall, contrary and repugnant to the faith of Christ I utterly absu••e, forsake, and purely renounce, before you most Reverend father in God, and the rest of this holy Synod here assembled. And moreover, I swear by this holy Evangelist, by me here bodily touched, that from henceforth I shall never hold, teach, believe or affirme the said Errours, Here∣s••s, ••lasphemies, or damned opinions, or any other against, contrary or repug∣n••t to the holy saith of Christs Church. Nor yet shall I by my self or any other per∣son, privately o•• apertly defend, maintain, succour, favour, or support any person, that to my knowledge holdeth, beleeveth, affirmeth or teacheth, any such Heresies, Errours, or damned opinions: So help me God, and these holy Evangelists. In witness whereof to this my present Abjuration, and renunciation, I have with my own hand voluntarily subscribed my proper name.

JOHN HILTON.

28. Upon this his Abjuration,* 8.2 Pennance was imposed on him, first that he should attend at Pauls Crosse upon the Preacher, Sunday next all the time of the Sermon, and there penitently stand before the said Preacher, with a faggot on his shoulders. Secondly, that he should not preach, mini∣ster Sacraments, nor exercise any Ecclesiasticall function in the Church, except specially licensed by the Arch-Bishop thereunto. Thirdly, that he should recant the said heresies, and damnable opinions, in the Church of S^t. Martius in the fields, at a sermon there to be made by the Arch-Deacon, and there to shew himself very penitent. I finde in the Records a recogni∣zance of five hundred pounds drawn up to the Queen, whereby the said Hilton bound himself for the performance hereof; but because the rude draught of the bond is crossed, I conceive it not insisted on, and (finding nothing to the contrary) presume the aforesaid pennance by him exactly performed.

29. The Ministers or Brethren now missing their mark,* 8.3 abated much of their former activity, in so much as that M^r. Cartwright, (whom I con∣jecture the President mentioned in the last assembly) began to make by the mediation of the Earl of Leicester, (who now designed him master of his new∣built hospital in Warwick) compliance with Whitgift, though the wary Arch-Bishop, not over-fond of his friendship, kept him at distance, as these two Letters here inserted will sufficiently informe us.

My good Lord,

I Most heartily thank you,* 9.1 for your favourable and courteous usage of M^r. Cartwright, who hath so exceeding kindly taken it also, as I assure your Grace he cannot speak enough of it; I trust it shall do a great deal of good, and he protesteth and professeth to me to take no other course, but to the drawing of all men to the unity of the Church, and that your Grace hath so deals with him, as no man shall so command him, and di∣spose of him as you shall: and doth mean to let his opinion publickly be known even in the Pulpit, if your Grace so permit him, what he himself will, and would all others should do for obedience to the Lawes established; and if any little scruple be, it is not great and easie to be reformed by your Grace, whom I do most heartily intreat to continue your favour and counte∣nance

towards him, with such accesse, sometimes, as your leasure may permit. For I perceive he doth much desire, and crave it. I am to thank your Grace also very heartily for Mr. Fenne: albeit I understand he is some∣thing more opinionate then I wish him: But I trust he will also yield to all reasons: And I mean to deal with the Bishop of Coventry and Lich∣field to make some triall of him: for surely he is an honest man. Thus my good Lord, praying to God to bless his Church, and to make his servants constant,* 9.2 and faithfull, I bid your Grace farewell.

At the Court this 14^th, July.

Your Graces very assured friend R. Leicester.

My singular good Lord,

MAster Cartwright shall be welcome to me at all times, and using himself quietly as becometh him, and as I hope he will, he shall finde me willing to do him any good. But to grant unto him as yet, my Licence to preach, without longer triall, I cannot, especially seeing he pro∣testeth himself to be of the same minde he was at the writing of his Book, for the matter thereof, though not for the manner. My self also I thank God not altered in any point by me set down to the contrary; and know∣ing many things to be very dangerous; wherefore notwithstanding I am content, and ready to be at peace with him, so long as he liveth peaceably, yet doth my conscience and duty forbid me to give unto him any further publick approbation, untill I be better perswaded of his Conformity. And so being bold to use my accustomed plainness with your Lordship,* 10.1 I commit you to the tuition of Almighty God this 17^th of July, 1585.

John Cantuar.

30. Seminaries and Priests to the number of thirty two,* 10.2* 10.3 late prisoners in the Tower, Marshalsy, Kings-Bench, and other places, were pardoned, enlarged, and transported over into Normandie, though occasionally they were forced to land at Bulloigne.

31. The Earl of Leicester, who hitherto had done but little good in England, went now over to do less in the Low-Countries, commanding a great Army and Name, with the illustrious Title of Generall of the Auxiliaries of the Queen of England; he was not so much pleased with his place there, but that some of his Back-friends were as much delighted with his roome here. Mean time the Ministers lost the best stake in their hedge, in his Absence their Patron Paramount: For though by Letters he might solicit their Cause, yet the greatest strength is not so extensive, but to have the vertue thereof abated at such a distance; And afterwards it fared worse with the Ministers, when Whitgift Arch-Bishop of Canterbury,* 10.4* 10.5 was sworne of the Privy Councell, (an honour which his Predecessour Grindall never obtained, yea never de∣sired) by the Procurement, (as it is believed) of the Lord Burghley.

32. Now for the present,* 10.6 I will trouble the Reader no longer with these brawls about discipline, only one story must not be omitted: Though it be fathered ••ather on publick report, then fixed on any particular Au∣thor in those dayes avowing the same. Some complained against the Liturgy to the Lord Burleigh, of whom he demanded, whether they desired the taking away thereof. They answered, No. But only the amendment of wh•••• was offensive therein. He required them to make a better, such as they would have s••tled in the stead thereof. Whereupon.

• The first Classis framed a new one, Somewhat according to the form of Genevah.
• The second Classis disliking it, altered it in sixa 10.7 hundred particu∣lars.
• The third, quarrelled at these alterations, and resolved on a new Modell.
• The fourth Classis dissented from the former.

Thus because they could not agree amongst themselves, That wise States-man put them off for the present, untill they should present him a pattern with a perfect consent.

33. Three Protestant Bishops this year exchanged this life for another.* 10.8 The first was Richard Curteys (somtimes fellow of S^t. Johns in Cambridge) Bishop of Chichester. The second, Nicholas Robinson Bishop of Bang••r, and John Scory Bishop of Hereford. Of the two former we have not enough to furnish out their Character. Of the later too much, (if all be true) which I finde charged upon him. Sure I am he began very well, being an Exile and Confessour in the dayes of Queen Mary, but is accused afterwards to be so guilty of Oppressions, Extortions, and Symonies, that a Bill was put up against him in the Starr-Chamber, conteyning matter enough not only to disgrace, but degrade him if prosecuted. But he bought out his innocence with his money. Here know, that ourb 10.9 Author (though a person of witt and worship) deriveth his intelligence from a French wri∣ter disaffected in religion, and therefore not to be believed in full latitude. When calling him Scoria or Drosse, in allusion to his name: but as all is not Gold that Glisters, all is not Drosss, reputed so by our Popish Adversaries.

34. The same year also John Fecknam late Abbot of Westminster ended his life,* 10.10 whereon we must enlarge our selves, if not for His, for History sake. Seeing he was a land-mark therein. His personall experi∣ence being a Chronicle: who like the Axiltree stood firme, and fixed in his own judgement: whilst the times like the Wheels turn'd backwards and forwards round about him. He was born in Worcestershire, in the Forrest of Fecknam (whence he fetcht his name.) Bred, a Benedict••ne Monke in the Abbey of Evesham, where he subscribed with the rest of his Order, to the resignation of that house, into the hands of King Henry the eighth. Afterwards he studied in Oxford, then applied himself first to Bell Bishop of Worcester, and after his death to Bonner of London, where he crossed the Proverb, like Master, like Man, the Patron being Cruel, the Chaplain Kinde to such who in Judgement dissented from him, he never dissem∣bled his religion, being a zealous Papist, and under King Edward the sixth suffered much for his Conscience.

35. In the Reign of Queen Mary,* 10.11 he was wholy imployed in doing good offices for the afflicted Protestants, from the highest to the lowest. The Earle of Bedford, and (who afterwards were) of Warwick and Lei∣cester,

tasted of his kindnesse: so did S^r John Cheek, yea and the Lady Elizabeth her self; So interposing his interest with Queen Mary for her enlargement, that he incurred her Graces displeasure. Hence it is that Pa∣pists complain, that in the reign of Queen Elizabeth he reaped not a Cropp of Courtesie proportionable to his large seed thereof in the dayes of Queen Mary.

36. Queen Mary afterwards preferred him from being Dean of Pauls,* 10.12 to be Abbot of Westminster, which Church she erected and endowed for Benedictine Monks, of which order fourteen only could be found in England, then extant since their dissolution, which were unmarried, unpreferred to Cures, and unaltered in their opinions. These also were brought in with some difficulty at first and opposition, for the Prebendaries of Westminster, legally setled in their places would not resigne them, till Cardinall Poole partly by compulsion, partly by compensation obteined their removall.

37. Queen Elizabeth coming to the Crown,* 10.13 sent for Abbot Fecknam to come to her, whom the messenger found setting of Elmes in the Orchard of Westminster Abbey. But he would not follow the messenger till first he had finished his Plantation, which his friends impute to his soul imployedb 10.14 in mysticall meditations, that as the Trees he there set should spring and sprout many years after his decease; So his new Plantation of Benedictine Monks in Westminster should take root and flourish, in defiance of all opposition: which is but a bold conjecture of others at his thoughts. Sure I am those Monks long since are extirpated, but how his Trees thrive at this day is to me unknown. Coming afterwards to the Queen, what discourse passed betwixt them, they themselves knew alone, some have confidently guessed she proffered him the Arch-Bishoprick of Canterbury on condition he would conform to her laws, which he utterly refused.

38. In the Treaty between the Protestants and Papists primo Elizabethae,* 10.15 he was present, but in what capacity I cannot satisfie my self. Surely more then a Disputant. (amongst whom he was not named) Yet not so much as a Moderator. And yet his judgement, perchance because Abbot and so, principall man in that place, wasc 10.16 asked with respect, and heard with reverence. His Moderation being much commended. Now al∣though he was often confined sometimes to the Tower, sometimes to friends houses (and died it seems at last in restraint in Wisbeeich Castle) Yet generally be found fair usage from the Protestants. He built a Conduit in Holborn, and a Crosse in Wisbeeich, and relieved the poor wheresoever he came. So that Flies flock not thicker about spilo honey, then beggars constantly crouded about him.

39. Abbot Fecknam thus being dead,* 10.17 the English Benedictines beyond the seas began to bestirr themselves, (as they were concerned) about the continuation of their Order: we know some maintain, that if any one species or kinde of Creatures be utterly extinct, the whole Univers by Sympathy therewith, and consciousnesse of its own imperfection, will be dissolved. And the Catholicks suspected what a sad consequence there would be, if this Ancient Order of English Black Monks should suffer a totall and finall defection. The best was Vnus homo Nobis, there was one, and but one, Monke left, namely Father Sigebert Buckley: and therefore before his death, provision was made for others to succeed him, and they (for fear of failing) disposed in severall Countries in manner following.

In Rome.* 10.18	In Valladolit in Spain.
1. Father Gregory Sayer. 2. Father Thomas Preston. 3. Father Anselme of Manchester. 4. Father Anthony Martin commonly called Athanasius.	1. Father Austine St. John. 2. Father John Mervin. 3. Father Marke Lambert. 4. Father Maurice Scot. 5. Father George Gervis.

From these nine new Benedictines the whole Order (which hung for∣merly on a single string) was then replenished to a competent, and since to a plentifull number.

40. Hitherto our English Papists affectionately leaned (not to say fondly do••••d) on the Queen of Scots,* 10.19 promising themselves great matters from her, towards the advancing of their Religon. But now they began to fall off in their 〈◊〉〈◊〉 partly because beholding her a confined person, (unable to free her self, and more unlikely to help others) partly because all Ca∣tholicks come off with losse of life, which practized her enlargement. As for her Son, the King of Scots, from whom they expected a settlement of Popery in that land, their hopes were lately turned into despairs, who had his education on contrary principles.

41. Whereupon hereafter they diverted their eyes from the North to the West,* 10.20 expecting (contrary to the course of nature) that their Sun should rise therein, in magnifying the might of the King of Spain, and his zeal to propagate the Roman Catholick faith. And this was the practise of all Je••uites to possess their English proselytes with high opinions of the Spa∣nish power, as the Nation designed by Divine providence, to work the re∣stitution of their Religion in England.

42. In order hereunto,* 10.21 and to hearten their Countrimen, some (for it appears the result of severall persons employed in the designing and effect∣ing thereof) drew up a Title of the King of Spains, to the English Crown, are much admired by their own party, as slighted by the Queen and her Loyall Subjects, for being full of falsehoods and forgeries. Indeed it is easie for any indifferent Herauld, so to derive a pedigree, as in some seeming probability to intitle any Prince in Christendome to any Principality in Christen∣dome, but such will shrink on serious examination. Yea, I beleeve Queen Elizabeth might pretend a better Title to the Kingdoms of Leon and Ca∣stile in Spain (as descended by the house of Yorke, from Edmond Earl of Cambridge and his Lady Coheir to King Peter) then any Claime that the King of Spain could make out to the Kingdome of England. However much mischief was done hereby, many Papists paying their good wishes, where they were not due, and defrauding the Queen, (their true creditòr) of the allegiance belonging unto her.

43. Now did the Queen summon a Parliament:* 10.22* 10.23 wherein her Majesty appeared not in person.* 10.24 But passed over the presidentship of that her great Councel, unto John Whitgift Arch-Bishop of Canterbury, William Cecill Lord treasurer, and to the Earle of Darby. A thing done without precedent, when the King at home and in health. But the pleasure of so powerful a Princess might create a leading case in things of this nature.

44. Wonder not if the Nonconformists were very quiet in this Parlia∣ment.* 10.25 Beholding the Arch-Bishop their great adversary in so great power and place. However their activity in the next, will make their party amends for their stilness in this Session.

45. This year ended the doleful life of a distressed Lady,* 10.26 Mary Queen of Scots, whose Triall and Death belongeth to the State Historian: She was aged fourty six years, passing the last twenty in Imprisonment, One of a sharp Wit; undaunted Spirit; comely person, beautiful Face, Majestick, presence, one Reason why Queen Elizabeth declined (what the other so much desired) a personal conference with Her, as unwilling to be either out-shone or even-shone in her own Hemispheare. For her morals, the belief of moderate men embra∣ceth as middle Courts betwixt Buchanan aspersing, and Causinus his Hyper∣bolical Commending her, because zealous in his own Religion.

46. She was an excellent Poet,* 10.27 both Latine and English, of the former I have read a distick made, and written by her own hand on a Pane of Glass at Buxton well.

Buxtona quae calidae celebraris nomine Lymphae,* 10.28 Forte mihi posthac non adeunda, Vale.

Buxton, who dost with waters warme excell; By me, perchance, never more seen, Farewell.

And at Fotheringhay-Castle I have read written by Her in a window, with a pointed Diamond.

From the Top of all my Trust, Mishap hath lai'd me in the dust.

But her Adversaries conceive; had she not been laid there, the happiness of England had been prostrated in the same place. She was buried in the Quire of Peterborough, and Doctor Wickham Bishop of Lincolne preached her funeral sermon; causelessly carped at by the Martin Mar-Prelate, as too fa∣vourable concerning her final condition, though he uttered nothing inconsi∣stent with Charity and Christian discretion.

47. Some twenty years after,* 10.29 King James caused her Corps to be solemnly removed from Peterborough to Westminster, where in the south-side of the Chappel of King Henry the seventh, he erected a stately monument to her me∣mory, and thereon this Epitaph, wherein such cannot but commend the Piety of her Son, who will not believe all the praises of his Mother.

D. O. M.

MAriae Stuartae, Scotorum Reginae, Franciae Dotariae, Jacobi V. Sco∣torum Regis Filiae, & Haeredis unicae Henrici VII. Ang. Regis ex Margareta majori Natu Filia (Jacobi IIII Regi Scotorum matrimonio copulata) proneptis, Edwardi IIII. Angliae Regis ex Elizabetha Filia∣rum natu maxima abneptis, Francisci II. Gallorum Regis conjugis, Coro∣nae Angliae, dum vixit, certae & indubitatae haeredis, & Jacobi magnae Brittanniae monarchae potentissimi matris.

Stirpe verè Regiâ & antiquissima prognata erat,* 11.1 maximis Totius Europae Principibus Agnatione & Cognatione conjuncta,* 11.2 & exquisitissi∣mis Animi & corporis dotibus & ornamentis cumulatissima. Verum, ut sunt variae rerum humanarum vices, postquam annos plus minus viginti in custodia detenta, fortiter & strenuè, (sed frustrà) cum malevolorum ob∣treclationibus, timidorum suspitionibus, & inimicorum capitalium insidijs conflictata esset; tandem inaudito & infesto Regibus exemplo securi per∣cutitur.

Et contempto mundo, devicta morte, lassato Carnifice, Christo Servatori animae salutem, Jacobi Filio spem Regni & posteritatis, & universis caedis infaustae spectatoribus exemplum patientiae commendans, piè & intrepidè C••rvicem Regiam securi maledictae subjecit, & vitae caducae sortem cum coe∣lestis Regni perennitate commutavit.

Besides this, there is a long inscription in verses, one distich whereof I re∣member, because it is the same in effect with what was made of Maud the Empress.

On Maud,

Magna Ortu, major{que} Viro, sed maxima Partu, Hic jacet Henrici Filia, sponsa, Parens.

On Queen Mary.

Magna Viro, major Natu, sed maxima Partu, Conditor hic Regis Filia, sponsa, Parens.

So that it is no disgrace for a Queen to weare part of an Epitaph at the second hand, with some little alteration.

48. About this time it was,* 13.1 that some Privie Councellors endeavoured to perswade Queen Elizabeth, to raise and foment a difference betwixt the Pope and King of Spain, and to assist the former (not as Pope, but temporal Prince) by her shipping to regain Naples, detained from him by the Spanish King. They alledged the designe advantagious, to work a diversion of Spanish forces, and prevent an invasion of her own Land.

49. But her Majesty would not listen to the motion to entertain Com∣pliance in any capacity,* 13.2 on any Conditions with the Pope: as dishonourable in her self, distastful to the Protestant Princes; nor would she touch Pitch in jest, for fear of being defiled in earnest, but crushed the designe in the birth thereof.

50. A first onset was now made by the Nonconformists against the Hie∣rarchie,* 13.3 though the more they opposed it, the more the Queen did Countenance their persons and preserve their power: In so much that she would not in Lent feed on any fish, (as forbidden by the Canons of the Church) until she had first attained a solemn* 13.4 Licence from the Arch-Bishop of Canterbury, and every year of her life renew'd the same.

51. The power of the high Commission began now to extend far, and penalties to fall heavie on offenders. Whereupon the favourers of the Non∣conformists, much opposed it in their printed books, some questioning the Court as not warranted by Law, others taxing their proceedings, as exceeding their Commission: but hear their Arguments on both sides.

Against the High Commission. It is pretended founded on the Statute, primo Elizabethae, wherein the Parliament impowered the Queen by her Letters patents to appoint Commissioners to pu∣nish Offendors in Ecclesiastical Cau∣ses. But no mention therein of Temporall penalties, and there∣fore the Commissioners are to con∣fine themselves to Church Censures, by Excommunicating &c. illegally inflicting any other punishments. Such Commissioners proceeding against Offender, by Attachment, Fine, or Imprisonment, are contrary to the express words of Carta Magna, providing that no free man shall be taken or imprisoned, or be disseised of his free hold and liberty, and but by the lawful judge∣ment of his Peers, or of the Law of the Land. Their whole Commission is void in Law; because it beareth date in July, but was not signed till No∣vember next after, contrary to the Statute, which enjoyneth, that Let∣ters patents should be dated the day of their delivery into Chancery, or else they shall be void.

For the High Commission. The words in the Statute run thus; they shall have full power and authority by vertue of this Act, and of the Letters patents under your Highness, your Heirs, and successors, to Exercise, Vse, ex∣ecute all the promises according to the Tenor and effect of the said Letters patents, any matter or cause to the contrary in any wise notwithstanding. Now their Letters patents inable them to Attach, Fine, or Imprison, &c. in doing whereof they are suffici∣ently impowered by the Commission. When Carta Magna was made, Ec∣clesiastical Jurisdiction, though it was, de jure, it was not de facto, in the King. Whereby it plainly appears, that those words related not to the Ec∣clesiastical Jurisdiction, but only to Crimes belonging to the Common Law. But since the Parliament hath declared Ecclesiasti∣cal Jurisdiction in the Queen, the Ecclesia∣stical persons might impose such penal∣ties even to the Condemning of He∣reticks, though never tri'd by a Jury. It appeareth by the Preamble of that Statute, that the words cannot be stretched to Letters patents of that nature, but belong only to such; to pri∣vate persons, wherein Grantees are unjust∣ly expelled out of their right, by colour of Letters patents bearing an elder date.

But the most general exception against the High Commission was this; that proceeding, ex officio mero, by way of enquiry against such whom they plea∣sed to suspect, they tendered unto them an Oath, which was conceived unjust, that in Cases Criminal, a party should be forced to discover what might be penal to himself. The Lawfulness of which Oath was learnedly canvassed with Arguments on both sides.

Against the Oath ex Officio. The Common Laws have ever re∣jected and impugned it, never put in Ure by any civil Magistrate in the Land, but as it is corruptly crept in amongst other abuses by the sinister practises and pretences, of the Romish Prelates and Clergi∣men. And where loss of Life, Li∣berty, or good Name, may ensue

the Common Law hath forbidden such Oath. It is contrary to the Fundamental Law of Liberty. Nemo tenetur seipsum prodere. It appeareth by the Lord Dyer's Book, that one Hynde called before the Commissioners Ecclesiastical for Vsury, refused to swear, whereup∣on he was committed. But upon an Information in the Common pleas, he had a Corpus cum causa, to re∣move him, so (as it seemeth) the Judges were then of Opinion, that the Commissioners could not give him such an Oath. Though such proceedings ex of∣ficio were practised by the Popish Prelates, against the Saints and Ser∣vants of God; Yet it was never u∣sed by Protestants in their Ecclesiasti∣cal Censures. The Justice of the Land detesteth that the Judge should himself be an Accuser. (For by Law no man may be Accuser, and Witness; Inditer and Jurer; therefore much less Judg & Accuser) which notwithstanding he is, that tendereth the Oath ex Officio.

Even the Heathen Romans were so, Christian, that by antient custome no Vestal Virgin or* 13.5 Flamen of Ju∣piter was restrained to swear, whereof* 13.6 Plutarch rendreth three Reasons. First, because an Oath is a kinde of torture to a free man. Se∣condly, it is absurd in smaller mat∣ters, not to credit their words, who in higher matters touching God are believed. Thirdly, an Oath in case they were forsworne, draweth a curse on them, a detestable Omina∣tion towards the Priests of God. And why may not as much be allowed to the true Ministers of the Gospel. The Scripture which ought to be the Rule of our Actions, affords neither precepts nor precedent, of such proceedings, where Witnesses were produced, and the Accusers brought face to face. William Tindal a worthy Martyr in his* 13.7 Comment on the fifth of Matthew saith plainly, that a Judge ought not to compel a man to swear a∣gainst himself. No Protestant Church beyond the Seas hath made use of such tyranni∣cal proceedings.

For the Oath ex Officio. It is true. To give this Oath to the Defendent in Causes of Life and Death, is contrary to the Justice of the Land. But where Life or Limbe is not concerned, it is usually tendered in Chancery, Court of Requests, Councel of Marches, and Councel in the North, yea in other Courts of Re∣cord at Westminster; where the Judges (time out of minde) by Corporal Oath

did examine any person whom (in dis∣cretion) they suspected to have dealt lewdly, about any Writ, Returne, entrie of Rule, pleading, or any such like Mat∣ter, (not being Capital.) It is granted. But with all Proditus per deruntiationem, Famam, &c. tenetur seipsum offendere. Some faults are simply secret, no way bruit∣ed or published abroad, in which cases the person guilty is not bound to make Confession thereof, though urged on his Oath to any Officer Civil or Ecclesiastical. But if once discovery be made by Pre∣sentment Denunciation, Fame &c. ac∣cording to Law, then is not the fault meerly secret, but revealed (in some sort) to the Magistrate, or abroad, who for avoiding Scandal to Christian Religi∣on, and Reformation of the Party, may thus inquire of the Offence, to see it re∣dressed and punished. There is no such report in the Lord Dyer, all that is extant is only this Mar∣ginal Note, upon Skroggs his case in Mi∣chaelmas Terme, 18. of Elizabeth; Si∣mile M. 18. fol. per Hynde qui noluit ju∣rare coram justiciariis Ecclesiasticis, super Articulos pro usura. Which seems ad∣ded by some unskilful person, it being improbable so learned a Judge, would have termed the Commissioners Justicia∣rios Ecclesiasticos. Besides, this cause of Hynde can no where else be found. Certain Commissioners (whereof some Bishops, some privie Councellers, some Civilians, and some Judges; and Com∣mon Lawyers) in the Reign of K. Edward the sixth, charged BP. Bonner with a cor∣poral Oath,* 13.8 ex Officio, to answer to questions ministred unto him; and for resusal he was pronounced* 13.9 contuma∣cious; The like Oath in matter criminal and Penal was tendered to* 13.10 Stephen Gardener, at appeareth by the sentence of his deprivation of the Bishoprick of Winchester. The Laws Civil and Ecclesiastical, hold not the Judge proceeding of office to be an Accuser; but that whereupon the Enquiry is grounded to represent the Accusation.

By the granting of this peculiar pri∣viledge to these Persons, it plainly ap∣peareth, that all others might by Magi∣strates be put to their Oaths. Besides, such were superstitiously free'd from swearing absolutely, (and not only in matters criminal, here controverted) an unreasonable Immunity, which none will challenge to themselves. It is not necessary that a positive or affirmative warrant, be cited out of Scripture, for all our practises: sufficeth it that may be done, which is not contra∣ry to Gods word, and conformable to the politick laws of the Land. Yet have we some footsteps of inquiry in the Judai∣cal Law. When one was found secretly murthered in the Field, and the Murther∣er neither known nor suspected; the El∣ders of the next City (of whose guil••iness there was no detestation nor cause of pre∣sumption, save only the Vicinage and near∣ness of the place) were solemnly and se∣cretly to swear before the* 13.11 Priest, con∣ceptis Verbis, that their hands had not shed this Blood &c. if this was equall in matters Capital, how can it be challen∣ged for Tyrannical, in matters Criminal? Allowing all due respect to Tindals memory, his Judgement much failed him in matters of Oaths; For in the following words, he taketh away all necessary Oaths (and leaveth none but voluntary) which no wise man will de∣fend. Even Geneva it self doth sometimes proceed by Oaths, ex Officio, against such suspected Offenders, as in the two following cases will appear.

There was one Cumperel of Geneva ordained Minister for a Parish in that Territory, called Drallian, who had a secret designe under hand to place him∣self in the State of Berne, which in him was esteemed a hainous fault. The Consistory coming at some notice hereof, ministred unto him an Oath of Mere Office to answer to several Questions. But because Cumperel answe∣swered not directly to those Interrogatories (two whereof concerned the

very Cogitations of his heart) and because there were Vehementia Judicia, great presumption in the Common fame, the Consistory* 13.12 Z pronounced that they had just cause to depose him from his Ministry.

52. There was a wealthy widdow living in Geneva called Balthaser, in whose house there was a Dancing held, which is a grievous crime in that Church, and condemned by their last form of Discipline. Amongst these dancers one was a Syndick (one of the foure chief Magistrates of the City) the other an Elder (Henrith by name) of the Church for that yeare. The matter coming to Calvins ear, they were all convented before the Consistory with∣out any Accuser or Party, and therefore of Mere Office put to their Corporal Oaths to confess the Truth. Thea 13.13 Elder pleaded for himself the words of S. Paul, receive not an Accusation against an Elder under two or three Witnesses; which would nothing bestead him, so that he was deposed from his Elder∣ship, and the Syndick from his Magistracy, until he should shew some publick Testimony of his Repentance.

53. But enough of this unwelcome subject,* 13.14 only I must add that some there were, not offended with the Oath it self, which took exceptions at the Injurious manner of offering it. They complained (how justly God knows) of some created-fames on no grounds, and pretended suspitions of Crimes against those persons to whom they bare ill affection, and then ten∣dered this Oath (the Picklock of Conscience) unto them, merely to finde matter to insnare them.

54. Secondly,* 13.15 they complained, that to discover their Complices (in their disciplinary Assemblies,) Children were on their Oaths interrogated a∣gainst their own Fathers, contrary to the Rule in Civil Law, Filius non tor∣quetur in caput Patris, a Child ought not to be tortured in point of peril to his Fathers life. And although these Accusations were not Capital, yet because their Parents Credit was so deeply concerned therein, such proceedings had a strong tong of Tyranny.

55. Thirdly,* 13.16 the party to whom the Oath was given, might not before hand be acquainted (a favour usually afforded in the Star Chamber) with the particulars whereon they were to be examined. And if by the Rule of * 13.17 Solomon, He that answereth a matter before he heareth it, it is shame and folly unto him: much more is it indiscreet, to swear to answer a matter, before a man hear it.

56. Fourthly,* 13.18 they complained this Oath ex Officio (like what is said of black Witches) had only power to do mischief, not to heal and help any. For none were cleared by the taking thereof, if denying what was charged upon them: but the Judges Ecclesiastical oft times proceeded to a further in∣quiry by examination of Witnesses, on the points denied by the Parties.

57. The Nonconformists who refused to take this Oath,* 13.19 may be ranked into foure forms. First, such as would answer neither, yea, nor nay, what they would resolve to do concerning the Oath; but returned, if our faults be hidden, tarry til the Lord Come, and make the counsels of our hearts* 13.20 manifest. But if they be manifest, let our Accuser, and the Witnesses come forth be∣fore us.

58. A Second sort refused not the Oath in a Cause Criminal,* 13.21 but did it with this limitation and Protestation, that they intended not to be bound there∣by, to accuse either themselves or their Brethren.

59. A Third sort conceived themselves bound to reveal their own and Brothers Crimes and offences to remove evil from the land as they said,* 13.22 but as for such Actions of their Brothers falsely reputed offences, which were none in the Judgement of the Party examined, these they held themselves not bound to reveal.

60. The last sort,* 13.23 though they took the Oath as to other things, yet protested, they counted not themselves bound to answer to any such things,

whereon witnesses may be had; but if the crime was so hidden and secret that witnesses may not be had, they thought they might lawfully be charged. ••or Instance, they held a Preacher might not be examined on Oath, con∣cerning any thing he had preached in publick, alledging the words of our * 13.24 Saviour, Why askest thou me? ask them that heard me, they know what I said. It is hard to make the opinion of the first and last forme to dwell peaceably together.

61. We take our leave of this Subject, when we have told the Reader, that some twenty years since, one being urged by Arch-Bishop Laud to take the Oath ex Officio, refused it on this reason, An Oath saith he by the* 13.25 words of the Apostle is an end of all strife, whereas this saith he is the beginning of strife, yeelds matter for the Lawyers to molest me: But since the High Commission and this Oath are taken away by Act of Parliament, it is to be hoped, that (if such swearing were so great a grievance) Nihil analogum nothing like unto it, (which may amount to as much) shall hereafter be substituted in the room thereof.

62. Let it not here be forgotten,* 13.26 that because many did question the legality and Authority of the High Commission; Arch-Bishop Whitgi••t so contrived the matter, that the most sturdy and refractory Non-confor∣mists (especially if they had any visible Estates) were brought into the Star-Chamber, the power whereof was above dispute. Where some of them, besides imprisonment, had very heavie fines imposed upon them. And because most of the Queens Councel were present at the Censures, This took off the Odium from the Arch-Bishop (which in the high Com∣mission lighted chiefly, if not only upon him, and fell almost equally on all present therein.

63. John Fox this year ended his life,* 13.27 to whom in some respect, our History of him may resemble it self. For he in his lifetime was so large a reliever of poor people, (to, and above his estate) that no wonder, if at his death (with some Charitable Churles) he bequeathed no Legacies unto them. Thus have we been so bountifull in describing the life, and tran∣scribing the Letters of this worthy Confessor, that the Reader will excuse us, if at his death we give no farther Character of his piety and painfulness. Only let me adde, that whereas there passeth a Tradition (grounded on good Authority) that M^r Fox fore-told the ruine and destruction of the Invincible (so called) Armado in the eighty eight. The story is true in its selfe, though he survived not to see the performance of his own pre∣diction.

64. Nor will it be amiss to insert his Epitaph, as we finde it on his Monument in S. Giles nigh Cripple-Gate in London.

Christo S. S.

Johanni Foxo Ecclesiae Anglicanae Martyrologo fidelissimo, Antiquitatis Historicae Indagatori sagacissimo, Evangelicae veritatis propugnatori acer∣rimo, Thaumaturgo admirabili, qui Martyres Marianos, tanquam Phoenices, ex cineribus redivivos praestitit.

65. His dear friend D. Laurence Humfrey,* 14.1 may be said to die with him, (though his languishing life lasted a year longer) so great his grief, to be parted from his fellow-Collegue bred together in Oxford, and banished toge∣ther into Germany. But see more of his character in the year 1596, where by mistake, (which here I freely confess) his death is inserted.

66. About this time M^r William Lambert finished his Hospital at Green∣vich,* 14.2 founded and endowed by him for poor people. He was the first Protestant, who erected a charitable House of that nature, as our* 14.3 Antiquary

observeth, though I cannot wholly concur with his observation, seeing King Edward the sixt founded Christ-Church and S^t. Thomas Hospital.

67. Indeed now (pardon a short digression) began beautifull Build∣ings in England,* 14.4 as to the generality thereof, whose Homes were but homely before, as small and ill-contrived, much Timber being needlesly lavished upon them. But now many most regular Pieces of Architecture were erected, so that (as one saith) they began to dwell latiùs and lautiùs, but I suspect not Laetiùs, Hospitallity daily much decaying.

68. Amongst other Structures Wimbleton House in Surrey was this yeer begun (and finished the next, as appeareth by an inscription therein) by S^t. Thomas Cecil afterward Lord Burghley. On the self same token that many years after Gondomar (treated therein by the Lord with a plentiful feast) was highly affected with his entertainment, and much commended the uniformity of the fabrick, till the DATE thereof, shewed unto him, dashed all, as built when the Spanish Armado was defeated.

69. Indeed at this time there was more uniformity in the Buildings,* 14.5 than conformity in the Church-behaviour of men, the sticklers against the Hierarchy appearing now more vigorous, though for a time they had concealed them∣selves.

Notes

• * 1.1

  Pro. 23. 23.
• * 1.2

  Warning to Sabbath∣breakers.
• * 1.3

  Jan. 13. 1583.
• a 1.4

  Holinshed pag. 1••53.
• b 1.5

  Dr. Bound.
• * 1.6

  Robert Brown first appears.
• a 1.7

  Camdens Brit. in Lin∣coln-shire.
• * 4.1

  Brown his opinions.
• * 4.2

  Extraordina∣ry favour in∣dulged unto him.
• * 4.3

  The authors observation on him.
• * 4.4

  The occasion of his late death.
• * 4.5

  June 4. 6. July 6.
• * 4.6

  Two Brow∣nists execu∣ted.
• a 4.7

  Stow Chro∣nicle pag. 697.
• * 4.8

  Sept. 24.
• * 4.9

  Whitgift suc∣ceedeth him.
• b 4.10

  Sr. George Paul in his life pag. 28.
• c 4.11

  Idem p. 29.
• d 4.12

  Camdens Eliz. in hoc Anno.
• * 4.13

  Death of San∣ders.
• e 4.14

  De scriptor. Anglican aetate 16. pag. 773.
• * 4.15

  Lewes burnt at Norwich.
• f 4.16

  Stows Chron. pag. 697.
• g 4.17

  Rev. 2. 17.
• * 4.18

  27.
• * 4.19

  1584.
• * 4.20

  Popish libels.
• h 4.21

  Camdens Eliz. in hoc Anno.
• i 4.22

  Pitzaeus De¦script. Anglic: pag. 782.
• * 4.23

  Anno Dom. 1584.
• * 4.24

  Anno Regin Eliza. 27.
• * 4.25

  The Queen Her eminent mercy.
• a 4.26

  Camdens Eliz. 1584.
• * 4.27

  Two fruitless Conferences.
• b 4.28

  1 King. 19. 4.
• * 4.29

  Subscription severely pressed.
• * 5.1

  The Rhemish Translation comes forth.
• * 5.2

  Cartwright in∣vited to an∣swer it.
• a 5.3

  See ••he pre∣face to Cart∣wrights book.
• b 5.4

  Camdens Elizabeth Anno 1590.
• * 5.5

  Whitgift stop∣peth his book.
• * 5.6

  Anno Dom. 1584.
• * 5.7

  Anno Regin Eliza. 27.
• * 5.8

  Dr. Fulke first effected it.
• * 5.9

  A promise never perfor∣med.
• * 5.10

  Confidence of many at last deceived.
• * 5.11

  The death of George Ethe∣redge.
• a 5.12

  Pi••zeus de Anglic Script. pag 785.
• * 5.13

  Mr. Rogers writeth on our Articles.
• * 5.14

  Anno Regin Eliza. 28.
• * 5.15

  Anno Dom. 1585.
• * 5.16

  Three great Corporations now on foot together.
• a 5.17

  Ven••sta & elequens Con∣cio, saith the Register of Canterbury out of which I transcribed it.
• * 5.18

  The Arch-Bishop afraid of alteration in Church Discipline writes to the Queen.
• * 6.1

  Out of Bp. Whitgifts ma∣nuscript of his own Letters afterwards in St. Peter Manwoods, & since in my own possessi∣on.
• * 6.2

  Mar. 24.
• * 6.3

  Her Majesty will alter no∣thing materi∣all to church government.
• * 6.4

  Mar. 29.
• * 6.5

  Parliament dissolved.
• a 6.6

  Mr. Geli∣brand to Mr. Field, cited by Bp. Bancroft in his dange∣rous positions. pag 75.
• * 6.7

  Iohn Hilton in Convocation abjoreth his hereticall opinions.
• b 7.1

  This was by me faithfully transcribed out of the re∣cords of Can∣terbury.
• * 7.2

  Mar. 30.
• c 8.1

  Here the re∣cord is so ill written that this word is not legible.
• * 8.2

  Pennance im∣posed upon him.
• * 8.3

  Exchange of important Letters be∣twixt the Earl of Leicester, and the Arch-Bishop.
• * 9.1

  Taken out of the manu∣script of Bp. Whitgifts Letters, be∣longing to Sir Peter Manwood, and since in my possession.
• * 9.2

  July. 14.
• * 10.1

  17.
• * 10.2

  Sept. 15. Anno. Regin 28. Dece. 8.
• * 10.3

  Seminaries enlarged and transported.
• * 10.4

  Feb. 2.
• * 10.5

  1585-86
• * 10.6

  The Liturg•• supported by its opposers.
• a 10.7

  〈…〉〈…〉 164••.
• * 10.8

  Accusations not to be be∣believed in full latitude.
• b 10.9

  Sr. John Har••••gton i•• his Character of Bp. p. 131.
• * 10.10

  The death of John Fecknam.
• * 10.11

  His Courtesy to Protestants.
• * 10.12

  Made Abbot of Westminster. a Sanders de schismate Ang. in the Reign of Q. Mary.
• * 10.13

  Q. Elizabeth send eth for him and prossers him preferment.
• b 10.14

  Reinerius in Apost. Bened. pag. 235.
• * 10.15

  Kindly used in restraint.
• c 10.16

  ••Fox Acts & Mon.
• * 10.17

  A recruit of English Be∣nedictines made after Fecknams death.
• * 10.18

  〈…〉〈…〉
• * 10.19

  〈…〉〈…〉
• * 10.20

  Unto the King of Spain.
• * 10.21

  Pretending a 〈◊〉〈◊〉 the Crown of England.
• * 10.22

  Anno Regin Eliza. 30.
• * 10.23

  Anno Dom. 1587.
• * 10.24

  An Act with∣out prece∣dent.
• * 10.25

  Good reason why the Non∣conformists were quiet.
• * 10.26

  The death of Mary Queen of Scotland.
• * 10.27

  Her Poetry.
• * 10.28

  *So it is in the Glass I had in my hand, though it be celebra∣bere, in Cand. Brit. in Der∣by-shire.
• * 10.29

  Her Body re∣moved to Westminster.
• * 11.1

  Anno Dom. 1587.
• * 11.2

  Anno Regin Eliza. 30.
• * 13.1

  A designe propounded.
• * 13.2

  And blasted by the Queen.
• * 13.3

  Conformity to the height.
• * 13.4

  Camdens Eliz. Manu∣script shortly likely to be Printed.
• * 13.5

  Gellius. lib. 10 c••p. 15.
• * 13.6

  Plutarch problems. 43.
• * 13.7

  Pag. 208.
• * 13.8

  For Act, & Mon. sol. 1512.
• * 13.9

  For Acts, & Mon. sol. 1516.
• * 13.10

  For Acts & Mon. sol. 1536.
• * 13.11

  Deut. 21. 7.
• * 13.12

  Inter Epistol. 〈…〉〈…〉 pag. 421, 422. 〈…〉〈…〉 story in Gene∣va.
• a 13.13

  Calvin in his Letter to Pharellas Pag ••4.
• * 13.14

  First grie∣vance com∣plained of in tendering the Oath.
• * 13.15

  Second grie∣vance.
• * 13.16

  Third grie∣vance.
• * 13.17

  Prov. 18. 13.
• * 13.18

  Fourth grie∣vance.
• * 13.19

  Foure ranks of Refusers of this Oath.
• * 13.20

  2 Cor. 4. 5.
• * 13.21

  Second.
• * 13.22

  Third.
• * 13.23

  The last rank.
• * 13.24

  Joh. 17. 21.
• * 13.25

  Heb. 6. 16.
• * 13.26

  Nonconfor∣mists perse∣cuted in the Star-Cham∣ber.
• * 13.27

  The death of Mr. Fox.
• * 14.1

  And of D. Humfrey.
• * 14.2

  The first Pro∣testant Hospi∣tall.
• * 14.3

  Camd. Brit. in Kent.
• * 14.4

  Beautifull Buildings be∣gin in Eng∣land.
• * 14.5

  Non-confor∣mists stirr.