mons, made no application to either house of convocation (who without the king's direction did not apprehend that the cause fell regularly under their cognizance) but wrote a humble Letter to his majesty, dated July 29, 1625, wherein he first plainly laid open the state of his case, and then petitioned that by his majes ty's authority and wisdom, he might be protected from those who had no power over his person, as being his majesty's servant in ordinary; nor over his book, as being wrote by the command of his royal father, and authorized by his

with this Declaration, "That if he could not really and thoroughly answer whatsoever was, or could be imputed to him in any of his books, he would no farther desire any favour or protection, but would be willingly left to the power of his enemies."

This Cause had began in the 21st of king James, when this learned man had published a former Book entitled,' A new Gagg for an old Goose,' in answer to a popish book, called A Gagg for the new Gospel.' When upon a suggestion that he had receded from some doctrines of the reformed churches, and had too much softened some of the Roman tenets; he was then questioned in parliament, and the cause being of dubious points of belief, was referred to the archbishop of Canterbury; who expressed his dislike of the book, and gave the author a solemn admonition. Some other bi-present majesty himself; and then concluded shops, who were called of the Arminian party, had a different notion of Mr. Mountague's opinions, and encouraged him to re-assert them, and defend them in another treatise to be dedicated to the king; and as an appeal to his royal judgment and authority, to be entitled Appello Cæsarem.' The archbishop disallowed the The bishops of Rochester, Oxford and St. book, and endeavoured to suppress it but the David's, who had a kind opinion of Mountague other bishops attested their approbation of it, and his writings, and secuned very sensible of and hastened the edition. The house now ap- the danger to the church, in allowing points of pointed a committee to examine the errors of divinity to be examined and judged by the com it, and gave the archbishop thanks for his former mons in parliament, used all possible endeavours admonition to the author; whose books they to stop this method of proceeding; and knowvoted to be contrary to the established articles, ing the duke of Buckingham to have the greatto tend to the king's dishonour, and to the dis- est influence upon the king, they begged his inturbance of church and state: for which they tercession in this Letter, dated August 2. assigned him a time of answer, and took bond "May it please your Grace, for his appearance under the penalty of 2,000l. "We are bold to be suitors to you in the be But on Saturday, July 9, the king himself in-half of the church of England, and a poor menterposed, and signified to the commons, that ber of it, Mr. Mountague, at this time not a What had been spoken in their house, and de-little distressed. We are not strangers to his termined against Mr. Mountague, was dis- person, but it is the cause which we are bound pleasing to him. He hoped one of his chap- to be tender of. The cause we conceive (under lains might have as much protection as the ser- correction of better judgment) concerns the vant of an ordinary burgess.' This was look-church of England nearly. For that church ed upon as an arbitrary obstruction of justice, and would but have incensed the house to have proceeded more severely, if on their next day of sitting, Monday, July 11, the parliament had not been prorogued to Oxford, where they met again on Monday, Aug. 1.

Here at Oxford there was a very small appearance of convocation. Dr. Bowles, the prolocutor, absented himself for fear of the infection, Dr. Thomas Goad officiating in his place; their meeting was kept in the chapel of Merton college.

The convocation having neither desired nor received any royal license to treat of ecclesiastical matters, kept only to that civil purpose, for which they were chiefly called, together with the parliament, of assisting the king with a reasonable aid, and accordingly made a grant of three subsidies, which was confirmed by act of parliament, as had been the custom ever since the act of submission: since which time the taxes of the clergy were passed into secular laws, when, before that act, they were enjoined and levied by synodical constitutions, under the penalty of spiritual censures.

Mr. Mountague applies to the King. Mr. Mountague seeing himself under the displeasure and prosecution of the house of com

when it was reformed from the superstitious opinions broached or maintained by the church of Rome, refused the apparent and dangerous errors, and would not be too busy with every particular school point.

"Now, may it please your grace, the op nions which at this time trouble many men in the late book of Mr. Mountague, are some of them such as are expressly the resolved doctrine of the church of England, and those he is bound to maintain. Some of them are such as are fit only for schools, and to be left at more liberty, for learned men to abound in their own sense, so they keep themselves peaceable and distract not the church. And therefore to make any man subscribe to school opinions, may justly seem hard in the church of Christ, and was one great fault of the council of Trent. And to af fright them from those opinions in which they have (as they are bound) subscribed to the church, as it is worse in itself, so may it be the mother of greater danger.

"May it please your grace further to con sider, that when the clergy submitted themselves in the time of Henry 8, the submission was so made, that if any difference doctrinal, or other, fell in the church, the king and the bishops were to be judges of it in the National Synod or Convocation; the king first giving leave

reign that now is, he procured to be printed, and in his name to be published, another book entitled, An Appeal to Cæsar." In every of which books he hath maintained and confirmed some doctrine contrary or repugnant to the articles agreed by the archbishop and bishops of both provinces and the whole clergy holden in the Convocation at London 1562, for avoiding diversity of opinions, and for establishing consent touching true religion: all which appears in the places hereafter mentioned, and in divers other places and passages of the same books: and by his so doing, hath broken the laws and statutes of this realm in that case provided, and very much disturbed both the peace of church and commonwealth.

Mountague, the better to reconcile himself to some of the leading members and for the same reason his majesty was disposed to leave Mr. Mountague to the free prosecution designed against him, and not to interpose in his favour; that he might not thereby interrupt his more important affairs. Bishop Laud, who was a zealous friend to the person and opinions of Mr. Mountague, was sensible of this intention of the court to desert him: it was on such a prospect that he made this entry in his Diary, Jan. 29, Sunday, I understand what D. B. had 'collected concerning the Cause, Book, and Opinions of Richard Mountague, and what R. C. had determined with himself therein. Methinks I see a cloud arising and threaten⚫ing the Church of England: God of his mercy 'dissipate it.'

I." Whereas in the 35th article of the articles aforementioned it is declared, That the As soon as the parliament began, Feb. 6, the second book of Homilies doth contain a godly commons had an immediate eye upon Moun- and wholsome doctrine, in the 16th Homily of tague, and resolved to call him to account. This which book it is determined, That the Church raised the curiosity of many peers to under-of Rome as it is at present, and hath been for stand what the tenets were, and how they dif 'the space of 900 years and odd, is so far wide fered from the Calvinistical opinions which 'from the nature of a true church, that nothing were commonly called the doctrine of the can be more;' he the said Richard Mountagee, church, and were then the generally received in several places of his said book called the sense of the articles of it. To this end, a con- Answer to the Gagg,' and in bis other book ference was procured by the earl of Warwick called the Appeal,' doth advisedly maintain to be held in the duke of Buckingham's house and affirm, that he Church of Rome is and in presence of his grace and many others of ever was a true church since it was a church.” the nobility, upon Saturday Feb. 11, between Dr. Buckeridge bishop of Rochester, and Dr. White dean of Carlisle on the side called Arminian, and Dr. Morton bishop of Litchfield, and Dr. Preston preacher of Lincoln's-Inn, on the other side. This conference was again renewed in the same place upon Friday Feb. 17, wherein Mr. Mountague himself appeared in the room of bishop Buckeridge. The success of these conferences was differently reported, according to the different affection of the hearers. The parliament in the mean time began with returning thanks to the king for his gracious answer to their late petition for religion. And when the house of commons fell upon the subject of grievances, thinking their liberty and property to depend much on the established faith and worship, they appointed a committee to consider of the state of religion and the growth of popery. To this committee the

bouse referred the examination of Mr. Mountague's Appeal to Cæsar;' who on Apr. 18, making their report by Mr. Pym to the house, these Articles were drawn up against him: ARTICLES exhibited by the Commons against Richard Mountague, Clerk.

II. "Whereas in the same Homily it is likewise declared, that the Church of Rome is 'not built upon the foundation of the prophets 'and apostles;' and in the 48th article of the said articles, that transubstantiation over'throweth the nature of a Sacrament;' and in the 25th article, that five other reputed Sa'craments of the Church of Rome are not to 'be accounted Sacraments:' yet, contrary and repugnant hereunto, he the said Richard Mountague doth maintain and affirm in his Book aforesaid, called The Answer to the Gagg,' that the Church of Rome hath ever remained 'firm upon the same foundation of Sacraments and Doctrine instituted by God.'

III. "In the 19th article it is farther determined, that the Church of Rome hath erred 'not only in their living and matters of ceremony, but also in matters of faith; he the said Richard Mountague speaking of those points which belong to faith and good manners, hope and charity, doth in the said book called

The Gagg,' affirm and maintain, that none of these are controverted in their points, meaning the Protestants and Papists. And notwithstanding that in the 31st article it is resolved, that the sacrifice of masses in which, as it is commonly said, the priest did offer Christ for the quick and the dead to have remission of pain and guilt too, is a blasphemous fable, and dangerous deceit;' this being one of the points controverted between the Church of England and the Church of Rome, the said Richard Mountague, in h's book called the Gagg, doth affirm and maintain, that the contro'verted points are of a lesser and inferior nature, of which a man may be ignorant with

out any danger of his soul at all; a man may resolve to oppose this or that without peril of perishing for ever.'

this commonwealth, by casting the odious and scandalous name of Puritans upon such his majesty's loving subjects as conform themselves to the doctrine and ceremony of the church of England, under that name laying upon them divers false and malicious imputations, so to bring them into jealousy and displeasure with his most excellent majesty, and into reproach and ignominy with the rest of the people, to the great danger of sedition and disturbance in the state, if it be not timely prevented.

IV. "Whereas in the 2d Homily entitled Against peril of Idolatry,' contained in the aforesaid book of Homilies, approved by the 35th article aforementioned, it is declared, that Images teach no good lesson neither of God nor godliness, but all error and wickedness;' he the said Richard Mountague, in the book Gagg' aforesaid, doth affirm and maintain, that Images may be used for the instruction VIII. "That the scope and end of the said of the ignorant, and excitation of devotion.' Rd. Mountague, in the books before mentioned, V. "That in the same Homily it is plainly is to give encouragement to popery, and to withexpressed, that the attributing the defence of draw his majesty's subjects from the true reli certain countries to saints is a spoiling God of gion established to the Roman superstition, and his honour, and that such saints are but dii consequently to be reconciled to the see of tutelares of the Gentile Idolaters;' the said Rome: all which he laboureth by subtle and Richard Mountague hath notwithstanding, in cunning ways, whereby God's true religion hath is said book entitled A Treatise concerning been much scandalized, those mischiefs introthe Invocation of Saints;' affirmed and main- duced which the wisdom of many laws hath tained,That saints have not only a memory, endeavoured to prevent, the devices and pracbut a more peculiar charge of their friends,' tices of his majesty's enemies have been furand that it may be admitted that some saints thered and advanced, to the great peril and hahave a peculiar patronage, custody, protec-zard of our sovereign lord the king, and of all tion and power, as angels also have, over cer- his dominions and loving subjects. tain persons and countries by special deputation,' and that it is no impiety so to believe. VI. "Whereas in the 17th of the said Articles it is resolved, that God hath certainly decreed by his counsel, secret to us, to deliver <from curse and damnation those whom he hath 'chosen in Christ out of mankind, and to bring them by Christ to everlasting salvation; wherefore they which be endued with so ex<cellent a benefit of God, be called according to God's purpose working in due season, they through grace obey the calling, they be justified freely, walk religiously in good works, and at length, by God's mercy, attain to everlasting felicity: He the said Richard Mountague, in the said book called The Appeal,' doth maintain and affirm, that Men justified I may fall away, and depart from the state which once they had; they may arise again and become new men possibly, but not certainly nor necessarily:' and the better to countenance this his opinion, he hath in the same book wilfully added, falsified, and changed divers words of the 16th of the Articles before mentioned, and divers other words both in the book of Homilies and in the book of common prayer, and so misrecited and changed the said places. He doth alledge in the said book called The Appeal,' endeavouring thereby to lay a most wicked and malicious scandal upon the church of England, as if she did herein differ from the reformed churches of England, and from the reformned churches beyond the seas; and did consent to those pernicious errors which are, commonly called Arminianism, and which the late famous queen Elizabeth and king James of happy memory did so piously and diligently labour to suppress.

VII. "That the said Rd. Mountague, contrary to his duty and allegiance, hath endeavoured to raise great factions and divisions in

VOL. II.

IX. "That the said Rd. Mountague hath inserted into the said book called The Appeal,' divers passages dishonourable to the late king his majesty's father of famous memory, full of bitterness, railing, and injurious speeches to other persons, disgraceful and contemptible to many worthy divines both of this kingdom and of other reformed churches beyond the seas, impious and profane in scoffing at preaching, meditating, and conferring pulpits, lectures, bible, and all shew of religion: All which do aggravate his former offences, having proceeded from malicious and envenomed heat against the peace of the church, and the sincerity of the reformed religion publicly professed and by law established in this kingdom.

"All which offences being to the dishonour of God, and of most mischievous effect and consequence against the good of this church and commonwealth of England, and of other his majesty's realms and dominions; the commons assembled in parliament do hereby pray, that the said Rd. Mountague may be punished according to his demerits, in such exemplary manner, as may deter others from attempting so presumptuously to disturb the peace of church and state, and the book aforesaid may be suppressed and burnt."

It does not appear whether these Articles were presented to the king or preferred in any judicial manner, or whether Mr. Mountague gave in any Answer, or made any other public Vindication. It is most probable that the commons were so immersed in the Impeachment of the duke of Buckingham, that they had not leisure to prosecute this inferior cause before their dissolution: Nor did the king take any notice of this Complaint, or suffer it to be debated in convocation. He thought it a dispute fitter to be silenced than to be determined; 4 M

and therefore by advice of his bishops, he issued charging all archbishops and bishops in their out a Proclamation on June 14, declaring, several dioceses, as also counsellors of state, "Not only to his own people, but to all the judges and ministers of justice, speedily to reworld, his utter, dislike of all those who to shew claim and repress all such spirits as shall adventhe subtilty of their wits, or to please their own ture hereafter to break this rule of sobriety, humours, or vent their own passions, do, or shall and due obedience to his majesty's laws, and adventure to stir, or move any new opinions, this religious duty to the church of God, or in not only contrary but differing from the sound the least degree attempt to violate this bond of and orthodoxal grounds of the true religion, peace: Adding this further intimation of ha sincerely professed in the church of England; royal pleasure, that whoever from henceforth and also assuring his subjects of his full and shall take the boldness, wilfully to neglect this constant resolution, that neither in matter of his majesty's gracious admonition; and either doctrine, nor discipline of the church, nor in for the satisfying of their unquiet and restless the government of the state, we will admit of spirits, or for expressing of their rash and unduthe least innovation: but by God's assistance tiful insolencies, shall wilfully break that circle will so guide the scepter of these his kingdoms of order, which without apparent danger both and dominions (by the divine providence put to church and state may not be broken, his mainto his band) as shall be for the comfort and jesty will proceed against them with that seveassurance of his sober, religious and well affect-rity, as upon due consideration had of their ofed subjects, and for the suppressing and severe fences and contempts, they and every one of punishing of such as out of any sinister respects them shall deserve, &c." or disaffection to his person or government, shall dare, either in church or state, to distract or disquiet the peace thereof. He thereupon commands all his subjects (the clergy most especially, both in England and Ireland) that from thenceforth they should carry themselves so wisely, warily and conscionably, that neither by writing, preaching, printing, conferences, or otherwise, they raise any doubts, or publish or maintain any new inventions or opinions concerning religion, than such as clearly grounded and warranted by the doctrine and discipline of the church of England, heretofore published and happily established by authority. Straitly

But this wise Proclamation was known to be meant not so much to restrain Mountague, as to discourage and suppress the Answers that were made to him: and therefore did but serve to improve the jealousies of Arminianism and growing popery: which jealousies, however unreasonable, did so much obstruct the king's interest, that it had been more happy if he would not have seemed a party in any scholaste questions.

Whether an Answer was made by Mountague to the Articles exhibited against him, Rushworth says he cannot tell. Upon some search he could find none.

125. Proceedings in Parliament against the Duke of BUCKINGHAM, the Earl of PRISTOL, and the Lord CONWAY,* for High Crimes and Misdemeanors: 2 CHARLES I. A. D. 1626. [2 Rushw. Coll. 2 Cobb. Parl. Hist. 14.]

VERY shortly after the accession of king up freely his counsel and opinion: yet since Charles 1st, considerable distaste was express- these walls cannot conceal from the ears of ed against the duke of Buckingham. On captious, guilty and revengeful men without, the August 6th, 1625, after many other expressions counsel and debates within; I will endeavour, of dissatisfaction had occurred in the house of as my clear mind is free from any personal dis commons, sir Robert Cotton, the learned anti- taste of any one, so to express the honest quary, made the following Speech directed thoughts of my heart, and discharge the best against the duke: care of my trust, as no person shall justly tax my innocent and public mind; except his conscience shall make him guilty of such crimes as worthily have, in parliament, impeached others in elder times. I will therefore, with as much brevity as I can, set down how these disorders have, by degrees, sprung up in our own memories; how the wisdom of the best and wisest ages did of old redress the like; and lastly, what modest and dutiful course I would wish to be followed by ourselves, in this so happy spring of our hopeful master. For, Mr. Speaker, we are not to judge, but to present; the redress is above ad querimoniam vulgi.

"Mr. Speaker t; Although the constant wisdom of this house of commons did well and worthily appear, in censuring that ill-advised member the last day, for trenching so far into their ancient liberties; and might encourage each worthy servant of the public here, to offer

* The Cases of these three peers form but one transaction, and are therefore consolidated, in order to avoid the many repetitions or references which would be necessary if the proccedings against each of the parties were exhibited

separately.

Taken from his Posthumous Works, pubished by Mr. Howell, anno 1651.

"Now Mr. Speaker, so long as those attended about our late sovereign master, now with God,