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under his broad seal to handle the points difference. But the church never submitted to any other judge, neither indeed can she though she would. And we humbly desire your grace to consider, and then to move his most gracious majesty (if you shall think fit) what dangerous consequences may follow upon it. For, first, If any other judge be allowed in matter of doctrine, we shall depart from the ordinance of Christ, and the continual course and practice of the church. Secondly, If the church be once brought down beneath herself, we cannot but fear what may be the next stroke at it. Thirdly, It will some way touch the honour of his majesty's dear father, and our most dread sovereign of glorious and ever blessed memory, king James, who saw and approved all the opinions of this book. And he in his rare wisdom and judgment, would never have allowed them, if they had crossed with truth and the Church of England. Fourthly, We must be bold to say, that we cannot conceive what use there can be of civil government in the commonwealth, or of preaching, or external ministry in the church, if such fatal opinions as some which are opposite and contrary to these delivered by Mr. Mountague are shall be publicly taught and maintained. Fifthly, We are certain that all or most of the contrary opinions were treated of at Lambeth, and ready to be published; but then queen Elizabeth of famous memory, upon notice given how little they agreed with the practice of piety and obedience to all government, caused them to be suppressed; and so they have continued ever since, till of late some of them have received countenance at the Synod of Dort. Now this was a synod of that nation, and can be of no authority in any other National Church till it be received there by publick authority. And our hope is, that the Church of England will be well advised, and more than once over, before she ad nit a foreign synod, especially of such a church as condemneth her discipline and manner of government; to say no more.

"And further we are bold to commend to your grace's wisdom this one particular. His majesty (as we have been informed) hath already taken this business into his own care, and most worthily referred it in a right course to church consideration. And we well hoped, that without further trouble to the state, or breach of unity in the church, it might so have been well and orderly composed, as we still pray it may.

"These things considered, we have little to say for Mr. Monntague's person: only thus much we know, he is a very good scholar, and a right honest man: a man every way able to do God, his majesty, and the Church of England great service. We fear he may receive discouragement; and (which is far worse) we have some cause to doubt this may breed a great backwardness in able men to write in the defence of the Church of England, against either home or foreign adversaries, if they shall see him sink in fortune's reputation, or health,

upon occasion of his book. And this we most humbly submit to your grace's judgment, and care of the church's peace and welfare. So commending your grace to the protection of Almighty God, we shall ever rest at your grace's service, Jo. ROFFEN. Jo. OXON. GUIL. MENERA. Apr. 2, 1625."

The duke's espousing this cause, and the king's reproving the house of commons for meddling in it, did but more exasperate the ad-, verse party, who were now enemies to Mountague not as an Arminian, but as an instrument (in their thoughts) of arbitrary power. And it was indeed the state interest that gave the great distinction to the school opinions. Those divines who adhered to the inore rigid opinions of St. Austin, Calvin, and the synod of Dort, they were at this time of the country party, in favour with the people, and with the prevailing side in parliament; so they established to. themselves the reputation of being sound and orthodox Protestants: while the other divines who went back to the foundations of religion, and to the import of the Scriptures, and to the sense of the primitive fathers, in rejecting the hard decrees of reprobation, and in reconciling the will of man with the grace of God; they were eminently of the court-party, and favourites of the king and the duke: and under a prejudice upon this civil more than a religious account, they were charged with Popery and Arminianism, only to make them the more odious to the common people. Even the Arminians in Holland suffered more as a state faction than as a religious sect; they were found adversaries to the rights and liberties of the people; and it was under that character they were made heretics, rather than for their abstracted notions in divinity. And it was the same now in England; the doctrinal controversy would have created no great difference, if there had not been a political division in it.

It was this very reason that now inflamed the commons against Mr. Mountague; and they would have shewn their indignation at his having such an interest at court, if this parliament had not been so very abruptly dissolved. And this again encreased the prejudice against what they now called the Arminian party; and the cry against them was so popular, that many divines were encouraged to confute the principles of Mr. Mountague's Book, and to represent them as false and pernicious. In this design Dr. Sutcliff, Mr. Burton, Mr. Rowse, Mr. Yates, Mr. Wotton, and even a bishop of the church, Dr. Carleton, engaged themselvcs. Their writings served to heighten the jealousies of the wiser, and to confirm the prejudices of the weaker men. This was soon improved into such a universal dislike of the dreadful name of Arminianism, that even the king and the duke began to think it not safe and honourable to support a cause that was generally run down by the voice of the people: and therefore at the opening of the second par liament, summoned to meet Feb. 1625-6, the duke seemed inclinable to drop his concern for

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 threatening the Church of England: God of his mercy 'dissipate it.'

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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.

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I. "Whereas in the 35th article of the articles aforementioned it is declared, That the second book of Homilies doth contain a godly and wholsome doctrine, in the 16th Homily of which book it is determined, That the Church ' of Rome as it is at present, and hath been for 'the space of 900 years and odd, is so far wide 'from the nature of a true church, that nothing 'can be more;' he the said Richard Mountague, in several places of his said book called the Answer to the Gagg,' and in bis other book called the Appeal,' doth advisedly maintain and afirm, that the Church of Rome is and ' ever was a true church since it was a church.' 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 28th article of the said articles, that transubstantiation over'throweth the nature of a Sacrament;' and in the 25th article, that five other reputed Sacrainents of the Church of Rome are not to 'be accounted Sacraments:' yet, contrary and repugnant hereunto, he the said Richard Moun tague doth maintain and aririn 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.'

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As soon as the parliament began, Feb. 6, the commons had an immediate eye upon Motatague, and resolved to call him to account. This raised the curiosity of many peers to understand what the tenets were, and how they dif fered from the Calvinistical opinions which were commonly called the doctrine of the church, and were then the generally received sense of the articles of it. To this end, a conference was procured by the earl of Warwick to be held in the duke of Buckingham's house in presence of his grace and many others of 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 III. "In the 19th article it is farther deterproperty to depend much on the established miacd, that the Church of Rome hath erred faith and worship, they appointed a committee "not only in their living and matters of cereto consider of the state of religion and themony, but also in matters of faith;' he the growth of popery. To this committee the said Richard Mountague speaking of those house referred the examination of Mr. Moun- points which belong to faith and good manners, tague's Appeal to Cæsar;' who on Apr. 18, hope and charity, doth in the said book called making their report by Mr. Pym to the house, 'The Gagg,' affirm and maintain, that none these Articles were drawn up against him: of these are controverted in their points, meaning the Protestants and Papists. And notwithARTICLES exhibited by the Commons against standing that in the 31st article it is resolved, Richard Mountague, Clerk. that the sacritice 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 his 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

"That he the said Richard Mountague, in or about the 21st year of the reign of our late sovereign king James of famous memory, hath caused to be printed, and in his name to be published, one book called, An Answer to ⚫ the late Gagg of Protestants;' and in or about ann. 22, of the same king, he caused to be printed and published one other book entitled, A Treatise of the Invocation of Saints;' and likewise in the first year of his majesty's

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

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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 ⚫ of the ignorant, and excitation of devotion.' V. "That in the same Homily it is plainly expressed, that the attributing the defence of certain countries to saints is a spoiling God of his honour, and that such saints are but dii tutelares of the Gentile Idolaters;' the said Richard Mountague hath notwithstanding, in his said book entitled A Treatise concerning the Invocation of Saints;' affirmed and maintained, That saints have not only a memory, but a more peculiar charge of their friends,' and that it may be admitted that some saints have a peculiar patronage, custody, protection and power, as angels also have, over certain persons and countries by special deputa ́tion,' and that it is no impiety so to believe.

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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.

VIII. "That the scope and end of the said Rd. Mountague, in the books before mentioned, is to give encouragement to popery, and to withdraw his majesty's subjects from the true religion established to the Roman superstition, and consequently to be reconciled to the see of Rome: all which he laboureth by subtle andcunning ways, whereby God's true religion hath been much scandalized, those mischiefs introduced which the wisdom of inany laws bath endeavoured to prevent, the devices and practices of his majesty's enemies have been furthered and advanced, to the great peril and hazard of our sovereign lord the king, and of all his dominions and loving subjects.

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).

IX. "That the said Rd. Mountague hath inserted into the said book called The Appeal,' VI. Whereas in the 17th of the said Arti- divers passages dishonourable to the late king cles it is resolved, that God hath certainly de- his majesty's father of famous memory, full of creed by his counsel, secret to us, to deliver bitterness, railing, and injurious speeches to from curse and damnation those whom he hath other persons, disgraceful and contemptible to chosen in Christ out of mankind, and to bring many worthy divines both of this kingdom and them by Christ to everlasting salvation; of other reformed churches beyond the seas, wherefore they which be endued with so ex- impious and profane in scoffing at preaching, 'cellent a benefit of God, be called according meditating, and conferring pulpits, lectures, to God's purpose working in due season, they bible, and all shew of religion: All which do through grace obey the calling, they be justi-aggravate his former offences, having proceeded 'fied 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 may fall away, and depart from the state which once they had; they may arise again and become new men possibly, but not cer⚫tainly 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 reformed 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.

"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 VII. "That the said Rd. Mountague, con-notice of this Complaint, or suffer it to be detrary to his duty and allegiance, hath endeavoured to raise great factions and divisions in

VOL, II.

bated 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 subt ity of their wits, or to please their own ture hereafter to break this rule of sobriety, humous, or veat 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 his sincerely professed in the church of England; royal pleasure, that whoever from henceforth and also assuring his subjects of his fuil 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 titul 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 hand) as shall be for the comfort and jesty will proceed against them with that seveassurance of bis sober, religious and well affect-rity, as upon due consideration had of their of ed subjects, and for the suppressing and severe punishing of such as out of any sinister respects 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

fences and contempts, they and every one of them shall deserve, &c."

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 scholastic 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.

up freely his counsel and opinion: yet since

125. Proceedings in Parliament against the Duke of BUCKINGHAM,
the Earl of BRISTOL, 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
Charles 1st, considerable distaste was express-
ed against the duke of Buckingham. On
August 6th, 1625, after many other expressions
of dissatisfaction had occurred in the house of
commons, sir Robert Cotton, the learned anti-
quary, made the following Speech directed
against the duke:

"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 proceedings against each of the parties were exhibited separately.

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

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these walls cannot conceal from the ears of captious, guilty and revengeful men without, the counsel and debates within; I will endeavour, as my clear mind is free from any personal distaste of any one, so to express the honest thoughts of my heart, and discharge the best 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.

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

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ing of a marriage in France.-A Spanish treaty lost the Palatinate. Whose counsel hath pronounced so great power to the Spanish agent (as never before) to effect freedom to so many priests as have been of late; and to become a solicitor almost in every tribunal for the illaffected subjects of the state, is worth the inquiry?

as had served the late Queen of happy memory, | Suffolk, 28 Hen. 6, in singly and unwisely treatdebts of the crown were not so great: Commissions and Grants not so often complained of in parliament; Trade flourished; Pensions not so many, though more than in the late queen's time, for they exceeded not 18,000l. now near 120,0007, all things of moment were carried by public debate at the Council-table; no honours set to sale; nor places of judicature; laws against priests and recusants were executed; resort of papists to ambassadors houses barred and punished; his majesty by daily direction to all his ministers, and by his own pen, declaring his dislike of that profession; no wasteful expences in fruitless ambassages, nor any transcendant power in any one minister. For matters of state, the Counciltable held up the fit and ancient dignity. So long as my lord of Somerset stood in state of grace, and had by his majesty's favour the trust of the signet seal, he often would glory justly that there passed neither to himself, or bis friends, any long grants of his highness's lands or pensions: for of that which himself had, he paid 20,000l. towards the marriage-portion of the king's daughter. His care was to pass no monopoly or illegal grant; and that some members of this house can witness by his charge unto them. No giving way to the sale of Honours as a breach upon the nobility, (for such were his own words) refusing sir John Roper's office, then tendered to procure him to be made a baron. The match with Spain then offered, (and with condition to require no further toleration in religion than ambassadors here are allowed) he, discovering the double dealing and the dangers, dissuaded his majesty from; and left him so far in distrust of the faith of that king, and his great instrument Gondomar, then here residing, that his majesty did term him long time after a Juggling Jack.'

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"Thus stood the effect of his power with his majesty when the clouds of his misfortune fell upon him. What the future advices led in, we may well remember. The Marriage with Spain was again renewed: Gondomar declared an honest man: Popery heartened, by employing suspected persons for conditions of conveniency. The forces of his majesty in the Palatinate withdrawn, upon Spanish faith improved here and believed, by which his highness's children have lost their patrimony; and more money been spent in fruitless ambassages, than would have maintained an army fit to have recovered that country. Our old and fast allies disheartened, by that tedious and dangerous treaty: and the king our now master exposed to so great a peril, as no wise and faithful council would ever have advised errors in government, more in misfortune by weak counsels than in princes.

"The loss of the county of Poyntois in France, was laid to bishop Wickham's charge in the first of Rich. 2, for persuading the king to forbear sending aid when it was required: a capital crime in parliament. The loss of the duchy of Maine was laid to De la Pole duke of

"What Grants of Impositions, before crossed, have lately been complained of in parliament? As that of Ale-houses, Gold-Thread, Pretermitted Customs, and many more: the least of which would have, 50 Edw. 3, been adjudged in parliament an heinous crime, as well as those of Lyon and Latymer.-The duke of Suffolk in the time of Hen. 6, in procuring such another grant, in derogation of the common law, was adjudged in parliament. The gift of honours, kept as the most sacred treasure of the state, now set to sale. Parliaments have been suitors to the king to bestow those graces; as in the times of Edw. 3, Hen. 5, and Hen. 6. More now led in, by that way only, than all the merits of the best deservers have got these last 500 years. So tender was the care of elder times, that it is an article 28 Hen. 6, in parliament against the duke of Suffolk, that he had procured for himself, and some few others, such Titles of Honour, and those so irregular, that he was the first that ever was eari, marquis, and duke of the selfsame place. Edward 1, restrained the number, in policy, that would have challenged a writ by tenure: and how this proportion may suit with the profit of the state, we cannot tell. Great deserts have now no other recompence than costly rewards from the king; for, we are now at a vile price of that which was once inestimable. If worthy persons have been advanced freely to places of greatest trust, I shall be glad. Spencer was condemned in the 14 Edward 2, for displacing good servants about the king, and putting in his friends and followers; not leaving either in the church or commonwealth, a place to any, before a fine was paid unto him for his dependence. The like in part was laid by parliament on De la Pole. It cannot but be a sad hearing unto us all, what my Lord Treasurer lately told us of his majesty's great debts, high engagements, and present wants: the noise whereof I wish may ever rest inclosed within these walls. For, what an encouragement it may be to our enemies, and a disheartening to our friends, I cannot tell. The danger of those, if any they have been the cause, is great and fearful. It was no small motive to the parliament, in the time of Henry 3, to banish the king's half-brethren for procuring to themselves so large proportion of crown lands. Gaveston and Spencer for doing the like for themselves, and their followers, in the time of Edward 2, and the lady Vessy for procuring the like for her brother Beaumont, was banished the court. Michael de la Pole was condemned 10 R. 2, in parliament amongst other crimes, for procuring lands and

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