of parliament, have impeached before your lordships Roger Manwaring, clerk, doctor in divinity, of divers enormous crimes; for which your lordships have convened him before you, and examined the said offences: and now, the commons have commanded me, their Speaker, to demand Judgment against him for the same." nor between the king and his people; his grace | citizens, and burgesses, of the commons house told him, 'It was impious and false; and that he had thereby drawn an infamy upon us and our religion; and had given an occasion to the Jesuits to traduce us :' and shewed him, That the scriptures do plainly declare and prove a justice from God to man, from a parent to his children, and from a king to his people:' and further, That, by the laws of God and man, there was ever a communitive justice between the king and his people, for matter of coins, and a distributive justice for government.' Then putting him in mind of Anaxarchus the philosopher, whom the king of Cyprus caused to be brayed in a brazen mortar for his base flattery (as a just reward for all flatterers of princes) he blamed him much for citing of Suarez, and other Jesuits in his sermons: and willed him to read the Fathers, the antient interpreters of the scriptures." The Archbishop having ended his grave admonition, Dr. Manwaring made a short reply touching his said two assertions: and said, That he denied not justice and law to be between king and people; but affirmed that the king's justice could not be requited and excused himself for citing of Suarez, for in those places he spake for the king.' : The JUDGMENT against Dr. Manwaring. Then the Lord Keeper pronounced the Judgment against him in these words, viz. 6 "Whereas Roger Manwaring, doctor in divinity, hath been impeached by the house of commons for misdemeanors of a high nature, in preaching two Sermons before his majesty in summer last; which are since published in print, in a Book intituled, Religion and Allegiance; and in a third Sermon preached in the parish church of St. Giles in the Fields, the 4th of May last; and their lordships have considered of the said Dr. Manwaring's Answer thereunto, expressed with tears and grief for his offence, most humbly craving pardon therefore of the lords and commons: yet nevertheless, for that this can be no satisfaction for the great offences wherewith he is charged by the The prisoner being withdrawn, the lords con- said declaration, which do evidently appear in sidered of their censure against him; and their the very words of the said two Sermons, their lordships thought him worthy of severe punish- lordships have proceeded to judgment against ment, for attributing unto the king a participa- him; and therefore this high court doth adtion of God's omnipotence, and an absolute judge,-1. That Roger Manwaring, doctor in power of government; for his scandalous asser- divinity, shall be imprisoned during the pleations against parliaments; and for branding sure of the house. 2. That he shall be fined at those gentlemen, who refused the late Loans, 1,000l. to the king. 3. That he shall make with damnation; but, for that he so deeply such submission and acknowledgment of his of protested that he had no intention to seduce the fences, as shall be set down by a committee in king's conscience; nor to sow sedition between writing, both here at the bar, and in the house his majesty and his people; nor to incense his of commons. 4. That he shall be suspended majesty against parliaments; nor to abrogate for the term of three years, from the exercising the municipal laws, as was objected by the of the ministry; and in the mean time a suthcommons; and in regard that the king himself cient preaching minister shall be provided out had protested (as was affirmed by some lords of of the profits of his living to serve the cure: the privy-council) that he understood him not this suspension, and this provision of a preachin that sense; and for that his majesty's gra- ing minister, shall be done by the ecclesiastical cious Answer unto the Petition of Right exhi-jurisdiction. 5. That he shall be disabled for bited this parliament, hath removed those jealousies, which otherwise the subjects might justly have feared, by the assertions in those Sermons and also for that he, the said Dr. Manwaring, had shewed himself very penitent and sorry for the same: their lordships agreed of a milder Sentence against him than otherwise they would.-This Sentence, being first argued by parts, was afterwards read and assented unto by the general and unanimous vote of the whole house. same.' 6 : 6 June 14. A Message was sent to the commons, That the lords were ready to proceed to Judgment against Dr. Manwaring; if they, with their Speaker, will come to demand the Answ. They will come presently.' The lords being in their robes, Dr. Manwaring was brought to the bar by the serjeant at arms; and the commons with their Speaker being come, Mr. Speaker said:" My lords; the knights, ever to preach at the court hereafter. 6. That re shall be for ever disabled to have any ecclesiastical dignity or secular office. 7. That the said Book is worthy to be burnt: and that for the better effecting of this, his majesty may be moved to grant a proclamation to call in the said Books, that they may be all burnt accordingly, in London, and in both the universities; and for the inhibiting the printing thereof, hereafter, upon a great penalty. And this is the Judgment of the lords." Then the commons departed, and Dr. Manwaring was sent prisoner to the Fleet.-After this the bishop of Lincoln (Dr. John Williams) reported the Answer of the bishop of London, unto the Message sent him by the house the 12th of June, to this effect, viz. That the bishop of London (Dr. George Mountaigne) answered, That he received a letter from the bishop of Bath and Wells (Dr. W. Laud) the last sum ling the same rashly and unadvisedly, in my own parish church of St. Giles in the Fields, the 4th of May last past. I do fully acknowledge those 3 Sermons of mine, to have been full of many dangerous passages, inferences, and scandalous aspersions in most parts of the same: and I do humbly acknowledge the justice of this honourable house, in that Judgment and Sentence passed upon me for my great offence: and I do, from the bottom of my heart, crave pardon of God, the king, and this honourable house, the church, and this commonwealth in general, and those worthy persons adjudged to be reflected upon by me in particular, for these great errors and offences. mer, for the printing and publishing of Dr. acknowledge the many errors and indiscretions Manwaring's two Sermons, by his majesty's which I have committed; in preaching and command: and thereupon his lordship did give publishing those two Sermons of mine, which I way for the printing thereof, without further called Religion and Allegiance,' and my great examination: and caused these words, Pub-fault in falling upon this theme again, and handIshed by his Majesty's Special Command,' to be put on the front of the said book; that it might appear to be printed by his majesty's authority, and not by his lordship's approbation.' Hereupon the said bishop of Bath and Wells, being present, said, 'He could give no sudden Answer unto this report; but acknowledged that he wrote the said letter unto the bishop of London, by his majesty's express commandment, that the said two Sermons should be printed which letter, he said, he wrote last sammer from Woodstock, when his majesty was there.' And the earl of Montgomery affirmed, upon his honour, That he was then present at Woodstock, and heard his majesty command the bishop of Bath and Wells to cause the said Book to be printed; and that the said bishop desired his majesty to think better of it, for there were many things therein which would be very distasteful to the people.' -The duke of Bucks, also, and the earls of Suffolk and Dorset, protested, on their honours, That they have since heard his majesty affirm as much,' "ROGER MANWARING." of commons by the warden of the Fleet prison, where he made the same Submission, on his knees, at their bar.* After this, the Doctor was led into the house Doctor Manwaring's Sermons, intituled, "Religion and Allegiance," were suppressed by June 16. The House of Lords ordered to grounds thereof were rightly laid to persuade proclamation, the king declaring, that though the be delivered to the king by the Lord-Keeper obedience from subjects to their sovereign, and two Messages, one against Dr. Manwaring's that for conscience sake; yet in divers passages, Books; desiring his majesty to put out his Pro-inferences, and applications thereof, trenching clamation to call in the said Books, that they might be all burnt in London and Westminster, and at both the universities. Also to inhibit the reprinting of them under severe penalties, &c. June 18. The Lord Keeper reported the king's Answer to the two Messages, concerning the cancelling the commission of Excise, and about Dr. Manwaring's Books. As to Dr. Manwaring, his majesty said, "That he was well pleased with their request, and would order the attorney-general to prepare a proclamation accordingly." upon the laws of this land, and proceedings of parliaments, whereof he was ignorant, he so far erred, that he had drawn upon himself the just censure and sentence of the high court of parliament, by whose judgment also that Book stands condemned: Wherefore being desirous to remove occasions of scandal, he thought fit that those Sermons, in regard of their influences and applications, be totally suppressed. Moreover bishop Montague, and doctor Manwaring, procured a royal Pardon of all errors heretofore committed by them, either iu speaking, writing, or printing, for which they Dr. Manwaring's SUBMISSION. might be hereafter questioned: And doctor June 21. Dr. Manwaring was brought to the Manwaring, censured by the lords in parliabar, in order to read and subscribe the follow-ment, and perpetually disabled from future ecing Submission, which a committee of lords had drawn up for that purpose: viz. May it please this honourable house, I do here, in all sorrow of heart and true repentance, clesiastical preferments in the church of England, was immediately presented to the rectory of Stamford Rivers in Essex, and had a dispensation to hold it, together with the rectory of St. Giles's in the Fields. 132. The Case of HUGH PINE, esq. upon an Accusation of Treason, for Words spoken in Contempt of the King: 4 CHARLES I. 1628. [Croke, Car. 117.] In Serjeants-Inn Hall, at a Meeting of the The King's Bench.-Sir Nicholas Hyde, knt. The Common Pleas.-Sir Tho. Richardson, knt. Chief Justice; sir Richard Hutton, knt.; sir Francis Harvey, knt.; sir George Croke, knt.; sir Henry Yelverton, knt. Justices. The Exchequer.--Sir Jn. Walter, knt. Chief Baron; sir Edward Bromley, knt.; sir John Denham, knt.; sir George Vernon, knt.; Thomas Trevor, kut. Barons. sir other of the judges being then in town, met at Serjeants-Inn, in Fleet-street, where they debated the case amongst themselves, in the presence of sir Robert Heath, the attorney-general; and divers precedents were then produced, viz. The Case of Juliana Quick, (Kane.). Anno vicesimo primo Henrici Sexti. Juliana filia Willielmi Quick, et alii falsi proditores incogniti in occulto machinantes mortem regis, &c. prædicta Juliana ex assensu Willielmi, et aliorum proditorum ignotorum, eidem domino regi, ut fuit equitans in via adhesit, et dixit eidem domino regi: Harry of Windsor, WILLIAM Collier, attending Mr. Pine at his ride soberly, thy horse may stumble and break thy neck.' And when the noble John Beauhouse in the country, was demanded of him, champ then said to her, To whom speakest Whether he had seen the king at Hinton, or no? 'thou?" she answered, To that proud boy in Collier answered, That he had seen the king red, riding on horseback,' pointing with her there. Mr. Pine replied, "Then hast thou hand to the said king. And further calling out seen as unwise a king as ever was, and so go-to the said king, said, 'It becometh thee betvered as never king was; for he is carried as a man would carry a child with an apple; therefore I and divers more did refuse to do our duties to him." After which words spoken, William Collier, meeting with Richard Collier his brother, asked him, "Whether the king were not a wise king?" who answered, "Yes, he was a wise and temperate king." After which, at another time, Monsieur Sebiza being at Mr. Pawlett's house, at Hinton, Mr. Pine asked Collier; whether the king was there, or no? who answered, that he beard he was. Mr. Pine replied, That he could have had him at his house, if he would, as well as Mr. Pawlett. ter to ride to thy uncle, than that thy uncle 'should ride to thee; thou wilt kill him, as thou hast killed thy mother: send to thy uncle's wife, whom thou keepest from him. Thou art a fool, a known fool throughout the whole kingdom of England.' She had pain fort et dure because she would not plead.* Thomas Kerver's Case, (Berkshire). In the twenty-first year of Ien. 6. Thomas Kerver indictatur, pro eo quod ipse proditorie dixit verba sequentia, Woe to the kingdom where a child is king.' Et iterum dixit, It had been better for the kingdom of England by an hundred thousand pounds, if the said king had been dead twenty years be'fore.' Et iterum, 'It had been better for the 'said kingdom by an hundred thousand pounds, if the said king never had been born.' And, That the Dauphin of France was in Aquitain and Gascoyn, with a great power, and valiantly fighting, possessing himself of the land of the king of England in Aquitain and Gascoyn. And if the said king were but of as At another time one George Morley, a locksmith, being at Mr. Pine's house, he asked him, "What pews?" whereunto he answered, That he heard the king was at Mr. Pawlett's at Hinton. Then Mr. Pine said, "That is nothing; for I might have had him at my house, as well as Mr. Pawlett, for he is to be carried any whither." And then Mr. Pine said aloud, " Before God, he is no more fit to be king than Hick-much humanity as the Dauphin, who is of his wright." This Hickwright was an old simple fellow who was then Mr. Pine's shepherd. These words being thus proved by William Collier and George Morley, all the judges were commanded to assemble themselves, to consider and resolve what offence the speaking of those words were. Whereupon sir Nicholas Hyde, chief justice of the king's bench; sir Thomas Richardson, chief justice of the common pleas; sir John Walter, chief baron of the exchequer; sir William Jones, one of the justices of the king's bench; sir Henry Yelverton, one of the justices of the common pleas; sir Thomas Trevor and George Vernon, baions of the exchequer, none age, the said king might quietly and peaceably hold and enjoy his said lands.' To this he pleaded Not Guilty, and was cominitted to the constable of the Tower of London; and afterward recommitted to Wallingford castle.Ideo nil ultra apparet. ipsi et alii dixerunt, quod dominus rex non fuit de potestate, nec scientia, ad regnum Angliæ gubernandum, et quod noluerunt ulterius obedire regi, nec gubernationi suæ, infra idem regnum; minantesque inter se veros populos domini regis de comitatu Kanciæ, pro eo quod ipsi noluerunt resistere ipsum regem de justitia sua infra eundem comitatum, ac similiter insurrexerunt, &c. 'non licet episcopis dicti regni ullam potestatem, nec aliquam congregationem populi erga ipsos ad perturbandum de bonis propositis 'suis perimplendis, assemblare, nec retinere. Quodque presbyteri totius Angliæ nulla bona nec catalla, præter cathedram et candelabrum, ad inspiciendum super libros suos haberent et possiderent. Ac quod Johannes 'Mortimer, alias Cade, est vivens; et quod ipse esset eorum capitalis capitaneus in om The Mirfields' Case, (Sussex). In the twenty-nibus propositis suis perimplend. credentes, ninth year of Hen, 6. Johannes Mirfield et Willielinus Mirfield indictantur, pro eo quod dixerunt,' That the king was a natural fool, and would often'times hold a staff in his hand, with a bird over 'the end, playing therewith as a fool; and that 'another king must be ordained to rule the land; saying, That the king was not a person ' able to rule the land.' Et ulterius dixerunt, That the charter that the king made at the 'first insurrection was false; and that he and his fellowship would arise again; and when they were up, they would not leave any gentieman alive but such as they list, &c.'-Per indictam. session. Sussex. et dicentes, quod ipsi essent infra tres dies quinque millia hominum armatorum: et si'militer guerram erga regem levarent.'-Habuerunt chartam allocationis eodem termino. Oliver Germaine's Case, (Wiltshire). In the second year of Edw. 4. Oliverus Germaine, taylor, et alii falsi proditores, machinantes et proponentes quomodo regem Edvardum, &c. destruere potuerunt; et Henricum sextum, nuper de facto, et non de jure, regem Angliæ, inimicum regis Angliæ, authoritate parliamenti reputat. et approbat. infra regnum Angliæ, extra regnum Scotiæ reducere, et regem Edvardum deponere, &c. Bretenham's Case, (Norfolk). In the thirty-centes inter se, in prophesiis, ut falsi heretici, mortem regis compasser, &c. credentes et di first year of Hen. 6. Willielmus Bretenham generosus indictatur, pro proditoriis verbis, viz. quod Richardus dux Eborum extra terram Hiberniæ infra 'quindecem dies tunc proxime sequentes veniret et coronam dicti domini regis de eodem rege auferret, et illud super caput ejusdem 'ducis infra brevi poni facerit.'--Notatur in margine indictamenta sic, trespas enormia, contempt. et alia offence. Tamen in indictamento est proditorie loquebatur, &c.' William Ashton's Case, (Suffolk). In the thirty-first year of Hen. 6. Willielmus Ashton miles indictatur, pro eo quod ipse et alii proditorie diversas billas et scripturas in rythmis et balladis factas et fabricatas, super ostia et fenestras diversorum hominum posuerunt, recitantes in eisdem, quod dominus rex, per consilium ducis Suffolciæ, episcopi Sarum, episcopi Cicestriæ domini de Say, et aliorum de concilio domini regis existent. vendidit regna Angliæ et Franciæ; et quod rex Franciæ, avunculus regis, regnaret super dictum regem, dicentes et scribentes hæc omnia et singula. Et similiter miserunt literas hominibus de Kanc. ad insurgendum erga regem, ad adjuvandum ducem Eborum, &c. ad guerram levandum. Per indictamentum Suff. anno 31 H. 6. quod dominus Henricus, nuper rex, infra breve esset eorum rex in regno Augliæ sicut prius, et coronam suam in codem regno haberet et retineret, dicentes hæc omnia ea intentione, quod traherent.-Judgment, to be hanged, drawn, veri populi domini regis cordialem amorem exand quartered. Anno William Belmyn's Case, (Norfolk). decimo septimio Edvardi quarti. Juratores præsentant, quod Thomas Burdet, nuper de Arrow, in comitatu Warwici, armiger, John Gayle's Case, (Essex). In the thirty- Deum præ oculis non habens, et debitum legifourth year of Hen. sexti. anciæ suæ minime ponderans, ex malitia præJohannes Gayle indictatur, pro eo quod ipse cogitata, diabolica instigatione seductus, vicesiet alii dixerunt, quod dictus rex, et omnes mo die Aprilis, anno regni regis Edvardi quardomini sui circa personam suam, et conci-ti, post conquestum decimo quarto, et per dilium suum, falsi sunt, et quod ipsi petitiones 'suas, in ultimo parliamento dicti regis, apud 'Westmonasterium tentum, per ipsos et totam communitatem Kanciæ petitionat. &c. invitis 'dentibus dicti regis habere voluerunt: et quod versas vices postea, apud villam Westmonasterii, in comitatu Middlesexiæ, falso et proditorie, contra legianciæ suæ debitum, mortem et destructionem ipsius regis immaginavit compassus fuit et circuivit, ac ipsum regem falso cimo octavo Edvardi quarti. Richardi comitis Warwici et Sarum, à diuturno Johannes Alkerter, yeoman, nuper serviens tempore proponens statum regis pejorare et de regimine, &c. quantam in se fuit proditorie; per diversa verba nefanda, et alia dicta sua rebus proditorum excitationibus factis et fabrinenosa, de diversis murmurationibus seditionicatis, à gubernatione privare, &c. ad intentionem quod populi ejusdem regis cordialem amorem retraherent, per discordiam inter regem et populum suum movendum, proditorie dixit Willielmo Pend, Willielmo Fowle, et Sampsoni Halk, sub hac forma, viz. quod Willielmus Pend et Johannes Alkerter olim servientes dicti Richardi comitis Warwici fuerunt, et nunc quod idem comes diem suum clausit extremum; et hoc non obstante infra breve habehoc regnum Angliæ, qui in futuro parcellam rent comitem Oxoniæ (qui superstes est) infra hujus patriæ gubernet; affirmandoque ulterius verba sua cuidam Galfrido Peke, quod Edfait, &c.; dicendo, quod idem Edvardus per vardus quem vos vocatis regem Angliæ falso et proditorie adtunc et ibidem interficere pro- falsum nefandum propositum suum finaliter posuit, et ad illud falsam nefandum propositum perimplendum, prædictus Thomas Burdet disuum perimplendum, falso et proditorie labo-versas billas et scripturas in rythmis et balladis ravit et procuravit quosdam Johannem Stacy, de murmurationibus seditionibus et proditoriis nuper de Oxonia, in comitatu Oxon, genero- excitationibus, factas et fabricatas apud Holsum, et Thomam Blake, nuper de Oxon, in born, et villam Westmonasterii prædict. falso comitatu Oxon, clericum, apud villam West- et proditorie dispersit, projecit, et seminavit monasterii prædictam duodecimo die Novem- dicto sexto de Martii, ac quinto et sexto diebus bris tunc proxime sequent. ad calculandum et Maii, dicto anno decimo septimo, ad intenlaborandum de et circa nativitatem dicti do- tionem quod populi domini regis cordialem mini regis et Edvardi filii sui primogeniti, prin- amorem ab ipso rege retraherent ac ipsum recipis Walliæ, et de morte eorundem domini re- linquerent, ac erga ipsum regem insurgerent, gis ac principis ad sciendum quando iidem rex et guerram erga ipsum regem levarent, in finaet Edvardus filius ejus morientur. Dictique lem destructionem ipsorum regis ac domini Johannes Stacy et Thomas Blake, scientes illud principis, et contra ligeanciam suum, necnon falsum et nefandum propositum prædicti Tho- contra coronam et dignitatem ipsius regis.— mæ Burdet, ipsi Johannes Stacy et Thomas Judgment, to be hanged, drawn, and quartered. Blake, dicto duodecimo die Novembris, apud The Case of John Alkerter, (Kanc.). Anno devillam Westmonasterii prædictam, falso et proditorie mortem ipsorum regis et principis imagiHaverunt et compassi fuerunt, ac ipsos regem ac principem adtunc et ibidem interficere proposuerunt. Et postea, sexto die Februarii, dicto anno decimo quarto, apud villam Westmonasterii prædictam, prædicti Johannes Stacy ac Thomas Blake eorum falsum et proditorium propositum perimplendum, falso et proditorie laboraverunt et calculaverunt per artem magicam, nigromanciam, et astronomiam, in mortem et finalem destructionem ipsorum regis ac principis. Et postea, scilicet, vicesimo die Maii, anno regui dicti regis decimo quinto, apud villam Westmonasterii prædictam, prædicti Johannes Stacy et Thomas Blake, falso et proditorie artibus prædictis laboraverunt; licet juxta determinationem sacram sanctæ ecclesiæ ac doctrinam diversorum doctorum, cuilibet ligeo domini regis, de intromittendo de regibus et principibus, in formâ prædictâ, absque eorum voluntate, et præceptis inhibitum fuit. Et postea, iidem Johannes Stacy et Thomas Blake, ac prædictus Thomas Burdet, apud prædictam villam Westmonasterii, vicesimo sexto die Maii, eodem anno decimo quinto, cuidam Alexandro Russeton, et aliis de populo domini regis, falso et proditorie manifestave-nuper ducem Clarenciæ, ad mortem simili mo runt et dixerunt, quod per calculationem et artes prædictas, per ipsos Johannem Stacy et Thomam Blake, in formâ prædictâ factas, idem rex et princeps non diu viverent, sed 'infra breve obierent; ad intentionem quod per detectionem et hujusmodi materiæ manifestationem, populi ipsius regis magis ab ipso rege cordialem amorem retraherent; et idem dominus rex per notitiam illarum detectionis et manifestationis, tristitiam inde caperet et abbreviationem vitæ suæ. Ac quod prædictus Thomas Burdet, mortem et destructionem ipsius regis supremi dicti domini sui et prædicti domini principis, ac subversioném legum suarum per guerram et discordiam inter ipsum regem et ligeos suos in regno prædicto movendum, sexto die Martii, anno regni dicti regisrex proposuit moran suam infra comitatum decimo septimo, apud Holborn, in comitatu Middlesexiæ, falso et proditorie imaginavit, compassus fuit, et circuivit, ac ipsos regem ac principem interficere proposuit. Et ad illud subtilein artem suam eundem comitem Warwici interfecit et murdravit, ac fratrem suum, do traxit, non habens causas nec aliquam veritatem; et dicendo, quod quicunque inheritasexti (nunc de facto, et non de jure, regis Anbilis sit directe post mortem naturalem Henrici neret et suus homo esset. Et multa alia hujusglia), ad coronam Angliæ ille tantummodo simodi verba proditorie dixit.-Utlagatus fuit, prout patet per rotul, session. Kanc, anno 18 Ed. 4. Thomas Hever's Case, (Kancia). Anno decimo octavo Edvardi quarti. Thomas Hever indictatur, pro eo quod proditorie dixit, quod ultimum parliamentum do'mini regis, apud Westmonasterium tentum, magis simplex et insufficiens fuit quam unquam antea.' Et ulterius, Quod dominus Kancia trahere et amorem ligeorum suorum ibidem habere, quia amorem cordialem infra ' eandem civitatem non habuit, nec in futuro habebit: et quod si episcopus Bathoniensis |