Memoires of the lives, actions, sufferings & deaths of those noble, reverend and excellent personages that suffered by death, sequestration, decimation, or otherwise, for the Protestant religion and the great principle thereof, allegiance to their soveraigne, in our late intestine wars, from the year 1637 to the year 1660, and from thence continued to 1666 with the life and martyrdom of King Charles I / by Da. Lloyd ...

THE Life and Death OF EDWARD Lord LITLETON, Lord Keepter of the Great Seal of England.

ELdest Son to Sir Edward Littleton of Mounslow in Shrop-shire, one of the Justices of the Marches, and chief Justice of North∣wales; himself bred inb 1.1 Christ-Church Oxford, and at the Temple in London, one of the Justices in North-wales, Recorder of London, Sollicitor to King Charles the I. Term Mich. Anno 15. Car. 1. Serjeant at Law, and chief Justice of the Common-Fleas 1639/40 Privy-Counsellor and Lord-Keeper, and Baron of Mou••slow, 1640/41. Honors he gained by his discreet management of the Duke of Buckinghams Charge, and other Affairs in Parliaments 1625. 1626. 1627. 1628. between the jealousie of the people and the Honor of the Court, that Sir I. Finch would say of him, He was the only man for taking things by the Right handle; and Sir Edward Cook, that he was a well-poized, and weighed man, and deserved by sending the c 1.2 Seal first, and then going himself after it to the King at York, whence his presence did but countenance the Rebellion in Lon∣don; for the Lord Willoughby of Parham pleaded in answer to a summons sent him by his Majesty, that he was about setling the

Militia according to the Votes of Parliament passed as legal by Sir Edward Litleton Lord Keeper, and Sir Iohn Banks as Lord chief Justice.

An action of important service to his Majesty, not only confirm∣ing all his proceedings with the right Seal; but likewise occasio∣ning the Adjournment of the Term, the suing of all Original Writs from Oxford, the invalidity of unsealed Parliament Procla∣mations, the impossibility of issuing out new Writs of Election for Members of Parliament, and thereupon the danger of the disso∣lution of that Parliament, especially since the making of the new Seal, was a matter of so dangerous a consequence, that a Member of their own desired the Serjeant that drew up the Or••••nance for the newa 1.3 Seal, not to be made too hasty in that business be∣fore he consulted the Statute 25 Edw. 3. Where counterfeiting of the Great Seal is declared High Treason; To which the Serjeant replyed, That he purposed not to counterfeit the old Seal, but to make a new. His ve∣ry name carryed an hereditary Credit with it, which plaineth out the way to all great actions; his Vertue being Authorized by his Nobility, and his Undertakings enobled by his Birth, gained that esteem which meaner men attain not without a large com∣pass of time and Experience: Worthless Nobility, and ignoble worth lie under equal disadvantage, neither was his Extraction greater than his Parts; his Judgment being clear and piercing, his Learning various and useful, his Skill in the Maxims of our Government, the Fundamental Laws of this Monarchy, with its Statutes and Customs singular; his Experience long, and obser∣ving, his Presence and Eloquence, Powerful and Majestick, and all be••itting a Statesman and a Lord Keeper, who was besides a Souldier. For I think these Verses were made upon him.

In D. E. L. Iudicem & Chiliarcham Truncatus manibus ne serret munera Iudex; Olim oculis captus ne caperetur erat Vteris ambobus melius Gladiate Nomarcha; Iust •• oculo tueris, Iusta tuere manu•• Arma stylo socias, haeres utrius{que} minervae Iuridicum bellum, bellica Iura facis Nata sit Astraeo Diva Astraea Gigante b 1.4 Hermarium fas est hanc habuisse Ducem Quis dubitare potest subc 1.5 Duplo Alcide Trophaea; Qui calamo cicures, Qui Domat ense seras.

His Brother Dr. Litleton, Master of the Temple (a man indued with Prudence, the Mistress of Graces, without which they are useless to others; and Humility the preserver of them, without which they perish to a mans self, who used to say, that Ambition being the great principle that acts more or less in all men, that Government was more or less happy, that did more or less intend the imploying of Able-men (to keep them from running out) sui∣tably to their ambition) who being Sequestred of all, paid yet out

of his nothing for his Loyalty 100l. as Sira 1.6 Edward Litleton by Fisher Litleton, and Francis Nevill Esq 1347l. and Sir Thomas Litleton of Stake St. Mildbourgh, Sal. with 180l. per annum, setled 307l. besides a severe Imprisonment when he was taken at the sur∣prize of Bewdley.

[unspec II] Sir Robert Heathb 1.7 of Cutsmore, as I take it in Rutland, a man of so great integrity (giving for his Motto in his Rings when made Serjeant, Term Mic. 7. Septimo Car. I. Lex regis, vis regis) that when it appeared to him that the people encroached too much upon their Soveraign, he prosecuted them severely (witness Sir Io. Eliot, &c. and others for their extravagancies in the Parliament 1628.) as Sollicitor and Attorney General to King Iames and King Charles the I. when he doubted his Majesty was advised to press too much upon the subject, he rather than go against his Conscience, quit∣ted his place of chief Justice of the Kings Bench, Sept. 14. 10 Caroli, pleading at the Bar in that Court where he had sate on the Bench, until again (the rare example of one playing an after-game of fa∣vour,) His Majesty made him one of the Justices of the Kings Bench, 9 Dec. 16 Car. I. where he behaved himself with so much plain honesty, that 1. A Lady commencing an unlikely Suit a∣gainst her Husbands opinion, and living in the Shire-Town, in∣vited Judge Heath to a great entertainment the very day her Cause was to be tryed, after which immediately going to the Hall, he gave sentence according to evidence and right against her, where∣upon she saying to her Husband, that she would never invite Judge again, was answered by him, Never invite honest Iudge again. 2. And Iohn Lilburne being tryed before him (for his Rebellion, when he had been taken at Brentford) at Oxford, made frequent use of his words at another tryal before them, he had fought at Lon∣don, viz. God ••orbid Mr. Lilburne, but you should have all the benefit the Law, the Birth right of the Free-born Subjects of England can afford you. Yet against both that Law, and the Priviledges of an English subject, which he so honestly maintained at home, was he exempted out of pardon, and forced to dyec 1.8 abroad.

Quo jure Criminoso Philopatris exularet? Credendus ergo non est quia neminem Fefellit justitia ne putetur, quae punit ipsa justum, non ostracismus iste lex, sed ruina legum.

[unspec III] Sir Robert Holborne, a Gentleman of those good inclinations, which flowing with good bloud, rendred him in his first Addres∣ses acceptable to the world, wherein having before him the good example of his Learned Ancestors; he attained to that exactness in Law, as with the amiable accomplishments of his nature, made it very easie for him to do well, which is a mans main business to gain upon mens affections; becoming with little labour, and without thinking excellent by good precept, and continual care correct his defects, so as to gain a general esteem, and a good opi∣nion, being sensible of Mr. Herberts Rule:

Slight not the smallest loss, whether it be In love or honour, take account 〈◊〉〈◊〉; Shine like the Sun in every Corn••r: See Whether thy Stock or Credit swell or fall, Who say I care not, those I give for lost, And to instruct them it will not quit the cost.

Being of the Long-Parliament, he was unwilling to joyn with them in their Debates for War, and retired to Oxford in the Treaty there, at Vxbridge, and the Isle of Wight, to consult and offer those things that make for Peace, for which he paid 300l. when living at Covent-Garden, being not admitted, as were not any of the King followers, to study at any the Inns of Courts upona 1.9 their return home after the Wars.

Serjeant W. Glanvile, born atb 1.10 Tavistoche in Devon shire (a County happy that it beeds so many Lawyers, but more happy that it hath little need of them, having the fewest Suits, and most Counsellors of any County in England) a Gentleman that had so much deliberation and weight in every thing he spoke, that he was heard with much respect in all the Parliaments, whereof he was either Member orc 1.11 Speaker, ••••cering prudently and watchful∣ly in all their weighty Consultations and Debates; Collecting judiciously and readily the sense of that numerous Assembly, pro∣pounding the same seasonably, and in apt Questions for their fi∣nal Resolutions, and presenting their Conclusions and Declarati∣ons with Truth and Life, Light and Lustre, and full advantage upon all occasions, as a man of an excellent Judgment, Temper, Spirit, and Elocution, till the last and long one, when those men for whose Liberties of Voting he had arguedd 1.12 formerly, allow∣ed him not the Liberty of his Vote, when he urged that Law a∣gainst them, which he had, when they were more moderate in their courses, urged for them; wherefore he retired with above half the sober Members of Parliament to Oxford, where having discharged his Conscience, he returned to London to suffer for 〈◊〉〈◊〉. He that suffered patiently Imprisonment on Ship-board for speak∣ing his minde freely in some State-points against a boundless Pre∣rogative 1626. suffered as quietly six several hard Imprisonments, one of which was two years in the Tower, for declaring himself as honestly in some Law-points against a Treasonable popularity, till the good man, true to his honest principles of Loyalty, was a∣gainst the will of the Lower-House, who yet laid no charge a∣gainst him, Bailed by the Upper-House, shining the brighter for being so long ecclipsed, insomuch that when the ignorant Faction did not think him worthy to be a Common-Lawyer, the Learned University of Oxford, whereof he was a worthy Member, chose him her Burgess in one of the Usurping times of the Pseudo-Parlia∣ment; it was his honour that he was then chosen to represent an Vniversity in Parliament, and it was his integrity that he was no•• then admitted. He suffered in the Cause of all English-men, and

pleaded the Cause of many of them; particularly, my Lord Cra∣vens, though banished, and Sir Iohn Stawell though a Prisoner, till the whole Nation became as free as his Soul: He dying 1660. a great enemy of Tobacco, because of Sir Water Rawleighs testimony of it, that he saw the Spanish Negroes throwing the running of their sores and boils in the leaves as they lay in a swet, saya 1.13 Y•• Pauperos Lutheranos, good enough for the Dogs, the Lutherans.

[unspec V] Sir Iohn Banks born at Keswicke, and bred at Grays-Inn, attain∣ing to great experience by solliciting Suits for others; and a great Estate by managing those of his own, laughing at many at last that smiled at him at first, leaving many behind him in Learn∣ing, that he found before him in time. He was one whom the Chollor of S S S worn by Judges and other Magistrates, became very well, if it had its name from Sanctus, Simon, Simplicius, no man being more seriously pious, none more singly honest. When Sir Henry Savile came to Sir Edward Cooke then at Bowls in Arch-bishop Abbots behalf, and told him he had a Case to propose to him, Sir Edward answered, if it be a Case in Common-Law, I am unwor∣thy to be a Judge, if I cannot presently satisfie you; but if it be a point of Statute-Law, I am unworthy to be a Judge if I should undertake to satisfie you without consulting my Books. Sir Iohn Banks, though ready without his Books on the Bench, yet alwayes resolved Cases out of them in his Chamber; answerable to his say∣ing to Dr. Sibbs, A good Textuary is a good Lawyer as well as a good Divine.

A Gentleman he was of singular modesty, of the Ancient free∣dom, plain heartedness and integrity of minde: very grave and severe in his deportment, yet very affable, in such sort, that as Tacitus saith of Agrippa, Illi quod est Rarissimum, 〈◊〉〈◊〉 facilit••s autho∣ritatem, nec s••veritas amorem diminuit, his knowledge in the Law and inward reason of it was very profound; his experience in Af∣fairs of State universal and well laid, patient he was in hearing, sparing, but pertinent in speaking: very glad always to have things represented truly and clearly, and when it was otherwise, able to discern through all pretences the real merit of a Cause. Being a Religious and moderate man, he became of good repute with the people, and being an able man he was taken notice of by the King, who Knighting him, in August 10. Car. I. when Reader of Grays-Inn, and the Princes Sollicitor, made him in Mr. Noys place Attorney General; and in Hil. Term 16 Car. I. Chief Justice in Sir Edward Litletons place; in which place he continued at Lon∣don till his presence being made an Argument for Illegal proceed∣ings, he went himself, and drew several others he had interest in, to Oxford. His prudent and valiant Lady with her numerous and noble Off-spring retiring to her House, Corfe-Castle in the Isle of Purbeck in Dorset-shire, and when besieged there by Sir Will. Earl, and Sir Tho. Trenchard, who wanted this Castle only to make the Sea-Coast their own, keeping it against three surprizes, a Procla∣mation Interdicting her the common Markets, the clamor of the common people thereabouts, the intercepting of 200. weight of

Powder; strict Watches set about it a while, with forty men, ye•• but five at first, and then by the benefit of a Treaty, wherein sh•• yeilded up the four small pieces to the Enemy, on condition she might have her house; and so making her adversaries more remiss, gained an opportunity to re-inforce the Castle with Commanders, Ammunition, Provision, and Souldiers, who notwithstanding the endeavours to corrupt them with Bribes, and the Plunder of the Castle; notwithstanding the enemies taking the Town and Church, the Oath to give no Quarter, the Engines they made, the Supplies of war, sent in every day by the Earl of Warwick, their encouraging the Souldiers, first with mony, twenty pound a man; and afterwards with Drink and Opium, toa 1.14 Scale the Walls in a desperate Assault, kept it six weeks, till August 4. 1643. when the Besiegers ran away, leaving their Horse, Armes, Ammu∣nition behind them; the vallantb 1.15 Lady her self, with her Daugh∣ters and Maidservants, maintaining one Post in the Castle, Captain Laurence, Sir Edwards Son, and Captain Bond keeping another.

Sir Iohn died December 28. 1644. and in the 55. year of his age, having one Monument in Christ-Church.

P. M. S. Hoc loco in spem futuri saeculi depositum jacet Io. Bankes, qui Reginalis Coll. in hac Acad. Alumnus, eques Auratus ornatissimus, Attornat. Gener. de Com. Banco Cap. Justitiarius a Secretioribus Conciliis Regi Carolo, Peritiam Integrita••em, sidem Egregie praestitit & ex aede Christi in Aedes, Christi transiliit unicam hinc Monumento suo sub mortem vovens Periodum. Non nobis Domine, non nobis, sed nomini tuo sit gloria.

And another 30l. per annum, with other emoluments, to be be∣stowed in pious uses, and chiefly to set up a Manufacture of course Cottons, in the Town of Kiswick (which hath good, and is in hopes of better success) besides that, it cost his Lady and her nine Children for their Fathers Loyalty 1400l. and her Son-in-law (that married her eldest Daughter, the excellent Lady Burlace) Sir Io. Burlace of Maidmenham, Bucks (who suffered several imprison∣ments and decimations from the Kings enemies, and was very civil upon all occasions to his friends) 3500l. Sir Bankes, Son and Heir to Sir Io. 1974l.

Sir Thomas Gardner, born, as I am informed, nearc 1.16 Oxford, bred in the Inner-Temple, London: A Gentleman that won much upon all men, by a natural grace that was upon his person and actions; and upon his Clients, by his Integrity, Condescention, and Watchfulness. Other Lawyers are for the increase of their own number, he spent a great deal of his time to consider how to reduce them, especially the Atturneys and Solicitors (the super∣numeraries whereof, he would say, make no other use of Laws,

but to finde tricks to evade them; or (making them right Cob∣webs) to insnare the people, and the Law too, being more for pro∣moting good Orders to execute old Laws, than for preferring ••ills to make new ones. The Faction had no other quarrel with him, than the Clowns had with Sir Iohn Cavendish in Wat Tyler and King Richar•• the Seconds time, because he was learned and honest; for being made Recorder of London, Term. Hil. 11 mo. Car. I. they charged him, 1. For directing the Lord in setting up the Kings Standard, and impressing men against the Scots. 2. For promo∣ting Ship-money, the Loan, and Tonnage, and Poundage. 3. For prosecuting seditious Libellers, Petitioners and Rioters. And 4. For procuring his Majesty that noble entertainment 1641. upon his return from Scotland, from the City, to amuse the Parliament. 5. For drawing and carrying on some more sober Petitions, than were usual in those times, whereupon he retired to York, and thence to Oxford, where he Sate in the Parliament, assisted in the Treaties, offering always three things. 1. A Committee to state the differences. 2. A particular consideration of those things wherein the people are to be relieved, and the King supported. 3. A mutual Security against all future fears and jealousies. For which services to his Country he was forced to quit it.

It is not fit we should forget Sira 1.17 Thomas Gardner that was slain in Buckinghamshire 1643. and Captain Gardner that fell at Thame, Cum res rediit ad trianos, when three engaged in the Army.

Sirb 1.18 Robert Foster of the Temple, made Serjeant, and succeeding Sir R. Vernon as Pusney Judge of the Commons bench 15. Car. I. Term. Hil. as the King signified by Sir Io. Finch, for the good opinion he conceived of him, and the good report he heard concerning him; discharging his place, notwithstanding the disadvantage of succeeding so popular a man as Sir George Vernon was, and the diffi∣culty of pleasing, at that time, both Court and Country, with great commendation (those persons agreeing in a Sympathy for him, that had an Antipathy each to other) as he did, after twenty years trouble, the place of Chief Justice of the Kings bench 12. Car. II. in the place of Sir Thomas Millet a great sufferer (I think, that Sir Thomas Millot of Exon, who, with his Son, paid at Gold∣smiths-hall 871/.) and an excellent Justicer, who by years and other infirmities, was disabled from exercising that place, though survi∣ving two of his successors) when it was time to preferr neither a Dunce nor a Drone, but able and active men; such as he was, who could Fence as well at Law in his elder years as at Sword and Buckler in his younger. The Land (upon its wonderful settlement under his Majesty, and the never to be forgotten disbanding of a twenty years standing Army) swarming with people that had been Souldiers, too proud to beg, and too lazy to labour, and having never gotten, or quite forgotten, all other Calling, but that of Eating, Drinking, and Sleeping, and it being hard for Peace to feed all the idle months bred in War. Sir Roberts severity broke their knots, (presuming much on their Felonies) otherwise not to be united with the Sword of Justice, possessing his Majesty against the

frequent granting of Pardons, as prejudicial to Justice, rendring Judges obnoxious to the contempt of insolent Malefactors; so by the deserved death of some hundreds, preserving the lives of, and lively-hoods of more thousands. He died 1663/4.

Pearls are called Vnions, because they are found one by one, [unspec VIII] hardly two together; not so here, where Sira 1.19 Robert Hyde Ser∣jeant at Law, since Ter. Trin. 16. Car. I. of the Middle-Temple, and an able Pleader (his Arguments shrewd in the several reports of his time) succeeded him as well in his quality,* 1.20 as office, being as se∣vere for executing the Laws (witness his several checks given Ju∣stices, the great observators of Law and Peace, to whom he would urge that of King Iames in his Speech in the Star-chamber, That he did respect a good Iustice of the Peace, as he did those next his person, as much as a Privy Counsellor) as his predecessor was for executing Malefactors; and as strict in bringing up ancient Habits and Cu∣stomes, both of the Inns of Courts, and the Courts of Justice, as in keeping up the ancient Justice and Integrity, following Sir Ni∣cholas Hyde, I think his Fathers, steps (according to the observati∣on, that Lawyers seldome dye without a Will, or an Heir) who di∣ed 1631. as Sir Robert died 1665. Judge Foster and he dying sud∣dainly, if any do so that dye preparedly. As did about the same time.

Serjeant Hodskins, a very witty, as well as a very judicious man, [unspec IX] an excellent Pleader, as Thuanus his Father was, Vt bonus a Calumni∣atoriobus, tenuiores a potentioribus, doctos ab Ignorantibus opprimi non pateretur. As Judge Walter used to say, when Baron Denham his as∣sociate in the Western Circuit would tell him, My Lord, you are not merry enough, merry enough for a Iudge. So Serjeant Hodskins, when observed very pleasant for one of his years, would reply, As chear∣ful as an honest man. (Henry Hodskins and Iohn Hodskins of Dors. paid for their Loyalty 571l.) The Serjeant changed his temper with his capacity, most free as a private friend, and most grave and reserv∣ed as a publick person.

David Ienkins, upward of 58. years, a Student in Grays-Inn near [unspec X] London, of so much skill, when a private and young man, that my Lord Bicon would make use of his Collections in several Cases, digesting them himself; and of so much repute in his latter years, that Atturney Noy, Herbert, and B••nks, would send the several Cases they were to Prosecute for his Majesty, to be perused by him, be∣fore they were to be produced in Court. All the preferment he arrived at, was to be Judge of South-Wales, a place he never sought after, nor paid for the Patent, being sent him without his know∣ledge, and confirmed to him without his charge; in which capa∣city, if Prerogative of his dear Master, or the Power of his belov∣ed Church, came in his way, stretching themselves beyond the Law, he would retrench them; though suffering several checks for the one, and Excommunication for the other: Notwithstanding that, he (heart of Oak) hazarded his life for the just extent of both, for being taken prisoner at the surprize of Hereford, and for his notable Vindication of the Kings Party and Cause, by those very

Laws (to the undeceiving of thousands) that were pretended a∣gainst them, as the violators of the Law; particularly for aiding the King 25. Edw. 3. ch. 2. Hen. 7. for the Commission of Array 5. Hen. 4. for Archbishops, Bishops, &c. Magna Charta, &c. for the Common-prayer, Statutes, Edw. 6. Queen Eliz. for the Militia 7. Edw. 1. against counterfeiting the Seal, and the usurping of the Kings Forts, Ports, 25. Edw. 3. for the Kings Supremacy 1. King Iames 5. Queen Eliz. Cook 7. p. rep. fol. 11. for the Kings dissent to Bills 2. Hen. 5. against tumults in Parliament 7. Edw. 2. against adhering to any State in the Realm, but the Kings Majesty 3. Iames 23. Eliz. for imprisonment and dispossession only by Law, Magna Charta c. 29. and the Petition of Right 3. Car. and for increasing the fewd between the Parliament and the Army, and instilling suc∣cessfully into the latter principles of Allegiance, by shewing them that all the Parliamentary Ordinances for Indemnity and Arrears, were but blinds for the present, amounting not to Laws which they could trust to for the future, without his Majesties concurrence; whose Restauration he convinced them was their unavoidable in∣terest, as well as their indispensable duty; carried first to the Chancery, secondly, to the Kings-bench, and at last, to the Bar of their House, the authority, of all which places he denied, and though he and the Honorable Lewis Dives (who hath done his Ma∣jesty admirable service in Bedfordshire, Buckinghamshire, and Dorset∣shire, and made a cleanly conveyance away from White-hall with Mr. Holben, though through the Common-shore, upon pretence of Ea∣sing themselves, to the Thames, and so beyond Sea, where he con∣tinued with his Majesty during his banishment) were designed sa∣crifices for Ascham, and Dorislaus, escaped with his life ina 1.21 eleven years durance, out of which he got 1656. not by creeping out of the Window, by cowardly compliance, but going forth at the Door, fairly set open for him by Divine Providence, hazarding his life, for that which was the life of his life, his Conscience. He died at his house at Cowbridge (his age having some years before given him a quietus est from publick imployments)b 1.22 Dec. 6. 1663.

INgratiis Pollentiae, Invidiae, Doli, Frui miseriis ad voluptatem pati; Carcerem in Asylum consecrare, pectoris Instar, reatu non prophanati, aut metu: Eatenus se vincere, ac fati vices, Vt forte fortunatus Invita foret; Hoc est proselitare mala. Damna 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Sicci Beare vincla martyrii gradu. Athleta tantus Jenkins; qui de verbulis Myrmidonas ut formiculis tonans parit: Sementa Cadmi literas belle exprimant, Armata sulcis cressit ex Atris cohors; Haec dextra turmas parturit, penna fluit Ros plumea, unde plumiceps ori••ur genus

Ab ere non solidati, at aerumna viri Hujusce nomen fit vice Auctoraminis Tu concoquebas & famem, & diros cibos, Qui devorantem sicut Ichneumon vorant; Inedia cujus militum fovit fidem Vitalioris pabulo constantiae: Vel ipsa macies ut saga famelica gregi Cadaveroso spiritum Infudit novum. Mens gravior Auro, puriorque stat tibi Quamvis in aevo Forreae rubiginis; Vbi schismatum aemulatio, ac pro formula Mera tenentur, aut recusantur preces; Qua Christianum sapere, virtutes docet Eruncinare, Gratiae ut zizania Successa titulo ne superbirent boni, Bellum in duellum contrahis; Ovantum licet Rebellionem criminans, Rebellium; Troglodytae ut execrantur ortivum Iubar; Veniam repudias cum coinquinat favor; Nec malis animum, quam Catenari pedes. Fastidioque nobilis justo doces Quod cedere est passiva Perduellio. Fastu Pylagorae dum venenati tument, Massaculoque regium Sceptrum Imputant; Potentiae quanquam urbicae subsellia Turgentiore in solia tollunt Ambitu; Is perspicaci tibi Cometalis nitor, Conspicuus ipso fit minus fastigio. Putrisque Trunci concolor radiis micat, Quem nox in ignem vertit, in lignum dies Fucatus horum lumine obruitur decor, Cum patuit, & cum Latuit, effulsit tuus Iustitia Caeca deviet seductilis Tua nisi Libram studia nutantem regant; Pseudophoros pessundaturam; qui struunt Ecclesiam puram sacrilegii strophis: Et Araneosis Antinomiarum plagis (Quas virulentis nent in Aucupium fibris) Volaticos Irretiunt; Araneos Aptis opifices Retium suspendere. Balucia tu lege, jureque logico Percontumacia Corda Rhetoricae moves; Ac veritate fretus Incompta, fugas Fallaciam, quam vel fugere victoria est. Cessere grandes dispari numero duces, Rationibus superantur Innumeri tuis; Causam ecce captus Imperatricem Capit; Victus domat quicunque bis victor Cluvit.

[unspec X] The best Professors of the Canon and Civil Law (the Law of Nations) suffered with his Majesty, as well as those of the Com∣mon-Law of England. As 1. Dr. Arthur Duck, a Person of most smooth language, and rough speech, i.e. of a Masculine style, disadvantaged by an harsh utterance, born at Heavy-tree in Devon∣shire, of rich and gentile Parents, bred in All-Souls Oxon, the Gentle∣mans Colledge, preferred Chancellor of Wells and London, and de∣signed Master of the Rolls, the Lawyers advancement. Marryed to a piousa 1.23 and wealthy Consort, the devout mans Fortune; whose life was, what all our lives should be, gratitude 1. To God in the strictness of his life, and the good government of his Family, reading two Chapters of the Bible every day to himself, and three to his Houshold. 2. To his Ministry,b 1.24 Mr. Gataker and others, of whom he deserved, though a Lawyer, the Epithite Athens gave some Physicians, viz. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, one that would take nothing of them, but give money to them, with other incourage∣ments, which he called Fees to them at the Throne of Grace. 3. To Gods poor, (especially at Wells where he was much missed) to whom he gave, he said, what he got of the rich. 4. To the Foun∣der of the Colledge Archbishop Chichley, where he had his Educa∣tion in drawing up his life in Latine, as elegant as his foundation. 5. To his Majesty, giving to him 6000l. and paying for him in way of composition 2000l. besides the many troubles he indured for him (among others, many years absence from his dear and sick Wife:) and the several services he performed to him, the last whereof was his appearance a Civil Lawyer to assist his Majesty at the Treaty at the Isle of Wight, whence returning home sad (a sunk heart cannot be buoyed up again) he dyed at Cheswicke Mid∣dles on the Lords-day, and in effect in the Church 1648. when no true English-man could say he lived, leaving two Daughters, since marryed to two Gentlemen of his Name and Kindred.

[unspec XI] c 1.25 Sir Thomas Reeves, born at Little-langton in Dorset-shire, and bred in New-Colledge in Oxford, Dr. Ducks Colleague at the Trea∣ty in the Isle of Wight, Judge Advocate, and Dr. Zouch his Col∣league in the Admiralty, so well skilled in Common-Law, as well as Civil, and in Divinity as both, that he could have practised at West∣minster as well as Doctors-Commons, and at the Pulpit of St. Pauls as well as the Consistory; being capable of the Ministry-mainte∣nance, for which he pleaded with much Law and Learning, more Reason and Equity in his Vicars plea. A plea, saith my Author, oftner made than heard, oftner heard than pityed, and oftner pityed than redressed, so unequal is the contest between a poor Vicars plea, and wealthy Impropriators purse. His general Lear∣ning and polite Latine (no hair hanging at the neb of his Pen) ap∣pears in his most critical Books of Sea-fights, his Valour (though Ancient) in our late Wars gave good evidence of its self in several Land-battels. Dr. Duck in the tryal of combat between the Lord Rey and Ramsey 1631. before the Earl Marshal, spoke in the Kings behalf as if he would, as he did afterwards suffer for him, and Dr. Reeves in my Lord Reys behalf, as if he had not been his Advocate

onley but his Second. He dyed where he was born 1652.

Sir Iohn Lamb, a man of his name so calm in publick, that none [unspec XIII] could anger him; though (as if his temper changed with his place) so angry sometimes in private, that none could please him; an error that was like to ruine, saved him, exposing indeed his Per∣son to a Parliament, but (as the like accident preferred Sir Walter Raleigh) discovering his parts, so that Bishop Williams brought him off from his troubles, and on to his Preferment. First getting him Knighted, and then advanced to the Deanery of the Arches: Sir Iohn being opposed by the Bishop about an Officials place in Leicester, which he carryed against him, fell fowl with him about Puritans, whom the Bishop indulged, and Sir Iohn prosecuted, though both at last suffered by them, Sir Iohn hardly seven times in these Wars escaping for his life at his House in Northampton-shire, whence coming to hide himself in London, he dyed in the Bell-Inn in St. Martins lane London, sundry losses by plunder, having paid after for composition 628l.

Sir Henry Martin, born in London, bred in New-Colledge Oxford, [unspec XIV] the smallness of whose Estate, was the improvement of his Parts; being left but 40l. a year, which made him a Student; where as he would say 80l. would have made him a Gentleman, pleading in his Chamber by Bishop Andrews advice (who directed him to the study of the Civil Law) the important Causes transmitted to him weekly from Lambeth; he attained to a great faculty in amplify∣ing and aggravating, extenuating any thing at the Court, where∣fore he became an eminent Advocate in the High-Commission (no Cause coming amiss to him, who was not now to make new Ar∣mor, but to buckle on the old; not to invent, but to apply Argu∣ments to his Client) and was made Judge of the Prerogative for Probate of Wills, and of the Admiralty, in Causes concerning For∣reign Trade, whence King Iames would say pleasantly of him, That he was a mighty Monarch in his Jurisdiction over Land and Sea; the living and the dead, in the number; of which last he was for fear and grief 1642.

Dr. Thomas Eden, born at Ballington-Hall in Essex, Fellow and [unspec XV] Master of Trinity-Hall in Cambridge, where he always concurred with the old Protestants in his Votes; (in censuring extravagant Sermons, &c.) and joyned issue with them in his suffering, only he that was so excellent an Advocate for others, pleaded so well for himself, that he was permitted to dye in Cambridge, where he bestoweda 1.26 1000l. (since nothing was left him to live on else∣where, his Places of Chancellor of Ely, Commissary of Sudbury and Westminster, Professor of Law in Gresham-Colledge, being Seque∣stred) as he did 1646. leaving Sir Iames Bunce a great Agent and sufferer for his Majesty, being twelve years banished, his Executor; on this score, being an utter stranger to him: Sir Iames asking the Doctors advice about a ••lause in a Will wherein he was Execu∣tor, and being told by him that it was capable of a double sense, replyed, Tell me what you think in your Conscience is the very minde of the Testator, which I am resolved whatever it cost me

to make good. Dr. Cowel observed of Dr. Eden, that had a happy name, which commends to a Favourite that might be easily pro∣nounced.

[unspec XVI] Dr. Morrison and Dr. Goad, both of Kings, great Civilians, and great sufferers, the first a great friend of Bishop Williams, the se∣cond of Bishop Laud, at first the Faction was not perfect in the art of persecution, being more loose and favourable in their language of Subscriptions; but afterwards grew so punctual and particular therein, that the persons to whom they were tendered must either strangle their Consciences with the acceptance, or lose their E∣states for the refusal thereof.

[unspec XVII] Sir Richard Lane, a Gentleman not lost in the retiredness of a good judgment; but being able to expose his merit as well as gain it by a quick fancy, sending before a good Opinion of himself, to make way for his Person, with this Caution, That he took care he should not sink with two great an expectation. Whence in an As∣sembly, wherein they used to Epithet every man with reference to their most obvious defects or vertues, he was called Tho. Wary; and with good reason, he keeping his converse as among Superiors within the compass, modesty, and reverence, so among equals within the Rules of a sweet and honest respect; it being, he said, both to command our own Spirits, and endear our friends, a great art not to be too familiar, or presume too much on the goodness of other natures, upon that of a mans own; besides, that he thought it injustice to give our familiars the froth of our Parts, reserving the more solid part for strangers, though he exposed not his good humors but upon an equal Theatre, a mans esteem rising not from shewing himself, but from keeping himself regular and equal, as well in mean and common, as in great and extraordinary actions, pretending to nothing he had not, left being discovered (albeit when once men have a good opinion, they seldom take pains to disabuse themselves) he might be suspected in what he had, and being sure of Correspondents, knowing that a single in∣terest or abilities would sink under Court-affairs. He was prefer∣red the Princes Sollicitor and Attorney in the best times, and his Father Keeper of the Seal in the worst, not parting from his Maje∣sty till he did with his own soul; dying with a good Conscience a∣broad, with more comfort, than if he had dyed with a good Estate at home; having discharged his place under a distressed Sove∣raign with much courage as well as skill, leaving this opinion be∣hind, that Projectors of new Engines were not to be too much en∣couraged in a populous Country, since by easing many of their la∣bor, they out more of their livelihood, and so though beneficial to private persons, are pernicious to the publick, to which what im∣ployeth most, is most advantageous.

[unspec XVIII] Sir Iohn Bennet, as much persecuted by the Parliament, as by the High-Commission.

Notes

• b 1.1

  Where he dyed 1644. and was buryed.
• c 1.2

  Which Mr. siliot, after 3. hours Confe∣rence with him im••private, got from, according to an Oath he had taken when admitted Lord∣keeper, to deli∣ver up the Se••l when ever the King sen•• for it. The saction had taken it from him be∣fore, but that he had always in appearance Voted accor∣ding to the sense of the best af∣fected in the House.
• a 1.3

  After th••y had in v••in sam••••ne•• him to re•••••• w••••in 14. days with the Sea••, 〈◊〉〈◊〉 of High T••••••eson.

  Sir Ed. Litle∣ton is desce••∣ded of Sir Tho. Litleton Author of the book of Tenures commented on by Sir Edw. Cooke, and of so much repute, that the Iudg••s in K. J••••••s's ••••me, declar•••• that his Case was not to ••e qa••stioned.
• b 1.4

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• c 1.5

  Ogmi•• Eloquii pre∣side & The∣b••no ••on∣st••orum Do∣mitore.
• a 1.6

  Both of the Long-Pareia∣ment, acting vigorously a∣mong the Members as Oxford.
• b 1.7

  He was of Clare-Hall Camb•••• I think a good Bene∣factor to it.
• c 1.8

  Sir 〈◊〉〈◊〉. Heath Ru••l. paid for com∣pos••••ion 700l. Rich. Heath Weston Chest. 138 l. and R. H. of Eyerton Che∣shire Esq 237l. J. H. of Bra••steel Kent Esq 52l. and then were two Col. of his name in the King Ar∣my. Col. Fran∣cis, and Jo. Heath.
• a 1.9

  〈…〉〈…〉
• b 1.10

  〈…〉〈…〉
• c 1.11

  〈…〉〈…〉
• d 1.12

  〈…〉〈…〉
• a 1.13

  His Tract about plan••ing Tobacco in England.
• a 1.14

  〈…〉〈…〉
• b 1.15

  〈…〉〈…〉
• c 1.16

  He pur∣chased ••ands there, and Lawyers gene∣r••lly 〈◊〉〈◊〉 Lands near the place of their birth, built their N••sts near the place where they were Hatched.
• a 1.17

  〈…〉〈…〉
• b 1.18

  〈…〉〈…〉
• a 1.19

  Who paid 500l. compo∣sition.
• * 1.20

  He••••. ••••d Berl•• 610l. Sir Thomas H••de and 300l.
• a 1.21

  Giving Chamber coun∣••••l about con∣v••iances, and writing good books, as Lex terrae, con••u∣••ed onely by se∣venarguments, Authoritate viarre, fraude, metu, terrore & tyrannide.
• b 1.22

  H. B. Om. An•• as he pub∣lished many other Loyal Elogies, under the co∣vert name of H. G.
• a 1.23

  The Daugh∣ter of Mr. H. Southworth Merch••nt and Customer of Lond. re••y••ing af••e•• he had got a greet E. state at well••, where Bishop Lake, who ne∣ver m••r••yed any besides in r••yed her to Dr Ducke.
• b 1.24

  See his Funeral Serm∣on Mrs. Marg. Duck.
• c 1.25

  B•••• it re∣membred 〈◊〉〈◊〉 when there was a 〈◊〉〈◊〉 after the confirma∣tio•••• B••sh••p Monntagues E••ct••o•• to 〈◊〉〈◊〉 B••sh••p••ick of o•• Chic••ester to dine at a T••vern here fased it, because d••••ing in 1 Ta / ve•••• gave the occasion to the ••alde of the Nags head Consecration. Tho Reeves of Reading E••{que} paid 〈…〉〈…〉
• a 1.26

  To main∣tain ••ax Can∣dles in the Chappel in Trinity-hall, on Annual Commemorati∣on with a La∣tine Speech.