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 Sir IOHN BRAMSTON.

SIR Iohn Bramston Knight, was born at Maldon in Essex, bred up in the Middle. Temple, in the Study of the Common-law, wherein he attained to such emi∣nency, that he was by King Charles made Lord Chief Justice of the Kings-bench.

One of Deep Learning, Solid Judgement, Inte∣grity of Life, Gravity of Behaviour, above the Envy of his own Age, and the•• candal of Posterity. One instance of his I must not forget, writes the Historian effectually, relating to the Foundati∣on wherein I was bred. Serjeant Bruerton by Will bequeathed to Sidney Colledge, well nigh three thousand pounds, but (for haste, or some other accident) it was so imperfectly done, that (as Doctor Samuel VVard informed me) it was invalid in the rigour of the Law. Now Judge Bramston, who married the Serjeant's Widdow, gave himself much trouble (gave himself indeed, doing all things gra∣tis) for the speedy payment of the money to a farthing, and the legal settling thereof on the Colledge, according to the true in∣tention of the dead. He deserved to live in better times. The delivering his judgement on the King's side, in the case of Ship-money, cost him much trouble, and brought him much honour, as who understood the consequence of that Maxime, Salus populi suprema lex; and that Ship-money was thought legal by the best Lawyers, Voted down Arbitrarily by the worst Parliament, they hearing no Council for it, though the King heard all men willing∣ly against it. Yea, that Parliament thought themselves not secure from it, unless the King renounced his right to it by a new Act of his own. Men have a touch-stone to try gold, and gold is the touch-stone to try men. Sir VVilliam Noy's gratuity shewed, that this Judges inclination was as much above corruption, as his fortune; and that he would not, as well he needed not, be base. Equally in∣tent was he upon the Interest of State and Maxims of Law, as

which mutually supported each other. He would never have a witness interrupted, or helped, but have the patience to hear a naked, though a tedious truth; the best Gold lieth in the most Ore, and the clearest truth in the most simple discourse. When he put on his Robes, he put off respects; his private affections being swallowed up in the publick service. This was the Judge whom Popularity could never flatter to any thing unsafe, nor Favour oblige to any thing unjust. Therefore he died in peace 1645, when all others were engaged in a War, and shall have the reward of his integrity of the Judge of Judges, at the great Assize of the World.

Having lived, as well as read Iustinian's Maxim to the Praetor of Laconia; All things which appertain to the well-government of a State, are ordered by the Constitution of Kings, that give life and vigour to the Law; Whereupon who so would walk wisely, shall never fail, if he pro∣pose them both for the rule of his actions; For, a King is the living Law of his Countrey.

Nothing troubled him so much as (shall I call it) the shame, or the fear of the consequence of the unhappy Contest between His Excellent Majesty and his meaner Subjects in the foresaid case of Ship-money; No enemy being contemptible enough to be despi∣sed, since the most despicable command greater strength, wisdom, and interest, than their own, to the designs of malice, or mischief. A great man managed a quarrel with Archee the King's Fool; but by endeavouring to explode him the Court, rendred him at last so considerable, by calling the enemies of that person (who were not a few) to his rescue, as the fellow was not onely able to conti∣nue the dispute for divers years, but received such encouragement from standers by (the instrument of whose malice he was) as he oft broke out into such reproaches, as neither the Dignity of that excellent person's Calling, nor the greatness of his Parts, could in reason or manners admit. But that the wise man discerned, that all the Fool did, was but a symptome of the strong and in∣veterate distemper raised long since in the hearts of his Coun∣treymen against the great man's Person and Function.

This Reverend Judge, who when Reader of the Temple, carri∣ed away the title of the best Lawyer of his time in England, and when made Serjeant with fifteen more (of whom the Lord Keeper Williams said, That he reckoned it one of the Honours of his time, that he had passed Writs for the advancement of so many excel∣lent persons.) Anno 29. Iac. Termino Michaelii, had the character of The fairest pleader in England. Westminster-Hall was much envied by the Faction upon the same ground that Scaevola was quarrelled with by Fimbria, even because totum telum in se recipere, he did not give malice a free scope and advantage against him; who when the Writ for Ship-money (grounded upon unquestionable Presi∣dents and Records for levying Naval Aids by the King's sole Au∣thority) were put in execution, and Hambden and Say went to Law with the King, the one for four pound two shillings, the other for three pound five shilling: The inconsiderable summes they

were assessed at to the Aid aforesaid, went no further than upon this Case put by the King.

Charles Rex.

WHen the good and safety of the kingdom in general is concerned, and the whole kingdom in danger; whether may not the King by Writ under the Great Seal of England, Com∣mand all his Subjects in the kingdom, at their Charge, to provide and furnish such number of Ships, with Men, Victuals, and Ammu∣nition, and for such time as he shall think fit, for the defence and safeguard of the kingdom, from such danger and peril, and by Law compel the doing thereof, in case of refusal or refractoriness? and whether in such cases is not the King the sole Judge both of the danger, and when, and how the same is to be prevented and a∣voided?

To declare his opinion thus:

MAy it please your most Excellent Majesty, we have according to your Majesties Command, severally, and every man by himself, and all of us together, taken into our serious con∣sideration the Case and Questions Signed by your Majesty, and inclosed in your Letter: And we are of opinion, That when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, your Majesty may by Writ, under your Great Seal of England, Command all the Subjects of this your kingdom, at their Charge, to provide and furnish such num∣ber of Ships, with Men, Victual, Munition, and for such time as your Majesty shall think fit, for the defence and safeguard of the kingdom, from such peril and danger, and that by Law your Maje∣sty may compel the doing thereof, in case of refusal or refractori∣ness. And we are also of opinion, that in such case your Majesty is the sole Judge both of the danger, and when, and how the same is to be prevented and avoided.

• Iohn Bramston
• Richard Hutton
• George Vernon
• Iohn Finch
• Willam Iones
• Robert Barkley
• Humphrey Davenport
• George Crook
• Francis Crauly
• Iohn Denham
• Thomas Trever
• Richard Weston.

And afterwards in the Lord Says Case, Ter. Hil. Anno 14. Car. Re∣gis in Banco regis, with Iones and Berkley, to declare, That [the fore∣said Writ being allowed legal] the judgment of the Judges upon it consisting of four branches. First, That the Writ was legal by the King's Prerogative or at leastwise by his Regal power. Secondly, That the Sheriff by himself, without any Jury, may make the Assessement. Thirdly, That the Inland Counties ought to do it at their own Charge, and to find Men, and Victualls out of their Counties for the time in the Writ mentioned. Fourthly, That the sum Assessed was a Duty, and (ought to be Assessed, and may be Levied) ought to stand, until it were reversed in Parliament,

and until then, none ought to dispute against it. And when the Parliament afterwards declared themselves, Hil. Term Anno 16. C. R. in B. R. he was of opinion [in Chambers his Case against Sir Edward Brumfield, late Lord Mayor of London] that the Court ought no longer to dispute of it. And yet in Iuly 1641. there was a Charge brought against him for his Extra-judicial opinion for Le∣vying of Ship-money; to which he made such a Rejoynder, as though for malice they could not acquit, yet for shame they did not condemn him, especially, since there were but few injured, as they pretended, by that his opinion, and the whole kingdom the better for his exact Justice; which was so effectual, that had he lived a few years longer, there would have been not a Robber from one end of the kingdom to the other, but such as took the High-way by authority.

Large were the Harangues made against him and his brethren. But as Bees are sometimes drowned in their Honey, so were their Logick in their Rhetorick; the body of their proofs brings as poor and lean, as the garnish of their words gaudy; the stuff as mean as the dressing rich. After the affront of an Arrest, the trouble and disgrace of an Imprisonment, and the charge of a Fine, or at least a Gratuity, they thought it enough to have terrified, and so proceed∣ed no farther to ruin this good man, that was the honour, and would have been, if ill treated, the disgrace of his Nation. Eccius is much censured by Divines, because he said in his Chrysopas that he intreated of Reprobation as a fit subject, In quo Iuveniles Ca∣lores exerceret. Young Lawyers were much blamed by our an∣cient Judge, for chusing the deep and intricate points of Preroga∣tive and Liberty, to be the matter of their young and undigested Discourses; who while they engage against the old Laws and Ma∣ximes of Government, notwithstanding all their bustle and ra∣tlings, yet are discerned by impartial and judicious men, like that Goth in Procopius, who though he fought fiercely, had the mortal Arrows sticking in his Helmet, whereof he soon after fell.

He died, as a Bishop of Oxford is said to do, at a time when he had rather give an account of his Judges-place at the Tribunal of God, than exercise it on a Bench awed by men. Since he could not keep on the Robes of his Office with comfort, he put off those of his Mortality with peace; being ashamed to live, as he would say, when it was not safe to speak either law or reason, and reck∣oning it seasonable to dye when all things perished by him, and he had nothing left him to do honestly, but to dye.

"It's Pity none undertook thy Worth to tell, "Thy Skill to know, thy Valour to do well; "And what could Men do less when thou art gone, "Whose Tenents, as they Manners, were thine own. "In not the same times both the same; not mixt "With the Ages Torrent, but still clear and six't; "As gentle Oyl upon the Stream doth glide, "Not mingling with them, though it smooth the Tide.

" Nor didst thou this affectedly, as they "Whom humor leads to know, out of the way. "Thy Aim was publick in it, they Lamp and Night "Searched untrod Paths, only to set us right. "Thou didst consult the Ancients, and their Writ, "To guard the Truth, not exercise thy Wit; "Taking but what they say, not as some do, "To find out what they may be wrested to; "Nor Hope, nor Faction, bought thy Mind to side, "Conscience deposed all Parts, and was sole guide. "We have not time to Rate thee, thy Fate's such, "We know we've Lost, our Sons will say how much.

Notes

• Admin. Card. de Rich. P. 283.
• F. O. p. 12.