sion; and so many paces in a dance, so many way, or that way, with the right-hand or left'paces to hell :' This is that which he conceiv-hand, there in that case you may speak the ineth of Dancing, The woman that singeth intention; but where the words are plain and the dance, is the prioress of the Devil, and positive, as in your Books, here is no help of those that answer are clerks, and the be- intention in the world: your Words are plain holders are the parishioners, and the music and clear, therefore you can never make any ' are bells, and the fiddlers are the minstrels of defence at all out of that. Not to hold your the Devil,' I said it was a seditious Libel; lordships any longer, my lords, it is a most this point of sedition is the only thing that trou- wicked, infamous, scandalous, and seditious bles me, and it is that which I shall offer to Libel. Mr. Prynn, I must now come to my your lordships: For I do know it, the good Sentence, though I am very sorry, for I have opinion, heart, will and affections of the king's known you long, yet now I must utterly forsake people and subjects are the king's greatest you; for I find that you have forsaken God, treasure. Now if this be so, then for any man and his religion, and your allegiance, obedicunningly to undermine these things, to take ence, and honour, which you owe to both their away the hearts of the subjects from the king, excellent majesties, the rule of charity to all aud to bring the king into an ill opinion among noble ladies, and persons in the kingdom, and his people, this is a most dainned offence; and forsaken all goodness. Therefore Mr. Prynn, if I were in my proper place, and Mr. Prynn I shall proceeed to my Censure, wherein I agree brought before me, I should go another way to with my lord Cottington, as he began very work. I protest unto your lordships, it maketh well: First, for the burning of the Book in as my heart to swell, and my blood in my veins disgraceful a manner as may be, whether in to boil, so cold as I am, to see this or any thing | Cheapside or Paul's Church-yard; for though attempted which may endanger my gracious Paul's Church-yard be a consecrated place, yet sovereign; it is to me the greatest comfort in Heretical Books have been burnt in that place. this world to behold his prosperity. And because Mr. Pryan is of Lincoln's-Inn, aud that his profession may not sustain disgrace by his punishment, I do think it fit, with my lord Cottington, that he be put from the bar, and degraded in the University; and I leave to my lords, the lord bishops, to see that done; and for the pillory, I hold it just and equal, though there were no statute for it. In the case of a high crime it may be done by the discretion of the court, so I do agree to that too. I fine him 5,000l. and I know he is as well able to pay 5,0007. as one half of 1,000l. and perpetual Imprisonment I do think fit for him, and to be restrained from writing, neither to have pen, ink, nor paper; yet let him have some pretty Prayer-Book, to pray to God to forgive him his sins; but to write, in good faith I would never have him: For, Mr. Prynn, I do judge you by your Book to be an insolent spirit, and one that did think by this Book to have got the name of a Reformer, to set up the Puritan or Separatist faction. I would not have Mr. Prynn go without a recognition of his offence to the king and queen's majesty. I agree to the Sentence on Buckner and Sparkes. Much hath been spoken concerning these things, and something by my lord Cottington before me; but good my lords, give me leave to remember you one or two Passages, not yet spoken of. He writeth thus: That Nero's acting and frequenting Plays was the chiefest cause that stirred up others to conspire his 'death.' Would any man think, that his acting and frequenting of plays was the chiefest occasion? He writeth in another place worse than this, Fol. 464. Trebellius Pollio relates, That Martian, Heraclius, and Claudius, three worthy Romans, conspired together to murder Gallienus the emperor (a man much besotted, and taken up with Plays, to which he likewise drew the magistrates and people by his lewd examples) as Flavius and others conspired Nero's murder for the self-same cause, &c.' Now, my lords, that they should be called three worthy persons that do conspire an emperor's death, (though a wicked emperor) it is no Christian expression. If subjects have an ill prince, marry what is the remedy? They must pray to God to forgive him, and not say they are worthy subjects that do kill him: If they were worthy acts, Mr. Prynn, I can tell what you are (Mr. Prynn standing during the Censure behind the L. C. J. Richardson, and archbishop Neal). No man will conspire to murder a king that can be a worthy actor; for the very thought of it is high-treason, He speaketh of these three, that they were three worthy Romans that did conspire to murder Nero. This is most horrible, and here can be no manner of exposition, but in the worst sense for his excuse, he hath made none at all, only it was not his intention. Good Mr. Prynn, you are a lawyer. Intention! I know where the word standeth equal, as that you may take the intention this Secretary Cook. By this vast Book of Mr. Prynn's, it appeareth he hath read more than he hath studied, and studied more than be hath considered; whereas if he had read but one sentence of Solomon, it had saved him from the danger he is now like to fall into. The Preacher saith, Be not over-just, nor make thyself over-wise, for why wilt thou destroy thyself? My lords, it is a Sentence requireth much study and consideration. It is most certain, that righteousness and wisdom are such virtues, as they help forward justice; but when wisdom is mixed with a man's own humours, as for the most part it is with flesh and blood, there is danger of straining it too far, and that will tend to the destruction of him and others. Examples are too pregnant of this, and he may take it from a good Author, even from Christ himself. When his Apostles, out of zeal to their master, would have called for fire from Heaven against the Samaritans that refused to entertain him, the answer was, 'You know not of what spirit you are.' I would Mr. Prynn would have considered this. mankind. But I love not much to aggravate offences, which of themselves are heavy enough. He calleth his Book Histrio-mastix; but therein he sheweth himself like unto Ajax, Anthropomastix,' as the Grecians called him, the Scourge of all mankind, that is, the whipper and the whip. I cannot but concur with the, Censure already begun by my lord Cottington, given against Mr. Prynn, Buckner and Sparkes. Afterwards the Earl of Dorset spake to this. effect: Such swarms of murmurers as this day disclose themselves, are they not fearful symptoms of this sick and diseased time? Ought we not rather with more justice and fear apprehend those heavy judgments which this minor Prophet, prophet Prynn, hath denounced against this land, for tolerating indifferent things, to fall upon us for suffering them, like those Mutiueers against Moses and Aaron, as not fit to breathe? My lords, it is high time to make a lustration to purge the air. And when will Justice ever bring a more fit oblation than this Achan? Adam, in the beginning, put names on creatures correspondent to their natures: the Title he hath given this Book is Histriomastix, or rather, as Mr. secretary Cook observed, Anthropomastix; but that comes not home, it deserves a far higher title; Damnation, in plain English, of prince, prelacy, peers and people. Never did Pope in Cathedra, assisted with the spirit of infallibility, more positively and more peremptorily condemn Hereticks and Heresy, than this doth mankind. Lest any There is a good Spirit that is meck, tempered with modesty and humility, with mildness and with equity; and such a spirit is always tender, not to destroy, root up, overthrow, but to bind, repair and preserve. But there is another fiery spirit, which is always casting of fire, nothing but damnation and destruction; certainly such a spirit ever tends to his own confusion. And if this be well observed, every man shall find it true, that such a spirit ever cometh before destruction. I wish Mr. Prynn were not an ill example of this. Certainly, my lords, vice and corruption ought not only to be reprehended, but to be punished severely, and that sharply too where it is; but Mr. Prynn should have considered, every man is not a fit reprehender. He had no invitation, nor office, nor interest to employ a talent which doth not belong unto him. If magistrates and princes should inveigh against all things, and tolerate nothing, we must live no longer among men; and certainly, if we will be thought to live with them that are wholly virtuous, we must go out of the world; we have a good author for this. But, my lords, a toleration must be used, and that Mr. Prynu would have found, if he had considered his own body: shall a man upon every slight distemper and disorder in his body take physic? Or shall ill-partial Auditor may think me transported with humours be purged till he purge all out? Certainly he will purge spirit, life and all away with it. And as it is in the natural body, so it is in the politic, there must be a toleration and connivance; it cannot be governed without it, and we have a warrant for it. Did not Christ himself forbid the cutting out of the tares, lest they should pluck corn, and destroy that too? I think, if Mr. Prynn should have been asked the question that Naaman did to the prophet, he would not at all have bid 'go away in peace,' he would have threatened Hell and Destruction. There is a Christian wisdom, and there must be a toleration in all states. And certainly the faults that have been tolerated in all times were greater than modest Plays, or modest Dancing. It is not my intention, neither do I think it is the intention of any of your lordships, to apologize for Stage-Plays, much less for the abuse of them; I wish, and so I think doth every good man, that the abuse of them were restrained; but, my lords, not by railing, cursing, damning, inveighing, &c. not only against the faults and players themselves, but against all spectators, and those that come to them, and that of all degrees, and with such bitterness and acrimony, that in all the authors alleged, which are infinite, there is not to be found an example. My lords, I am very sorry he hath so carried himself, that a man inay justly fear he is the Timon that hath a quarrel against passion, to judge of the base liveries he be- My gave to Cæsar the things that were Cæsar's; if princes were bad, they prayed for them, if good, they praised God for them; however, they bore with them: this was the doctrine of the Primitive Church, and this they did. I appeal to my lords that have read this Book, if Mr. Prynn has not with breach of faith, discharged his great Master's end. My lords, when God had made all his Works, he looked upon them and saw that they were good. This geatleman, the Devil having put spectacles on his nose, says, that all is bad: no recreation, vocation, no condition good; neither sex, magistrate, ordinance, custom, divine and human, things animate, inanimate, all, my lords, wrapt up in massa damnata, all in the Ditch of Destruction. Here, my lords, we may observe the great prudence of this Prince of Darkness, a soul so fraught of malice, so void of humanity, that it gorgeth out all the filth, impiety and iniquity that the discontent of this age doth contract against the church and state. But it may be some follower of his will say, It was the pride and wickedness of the times that prompted him to this work, and set his zeal, through tenderness of conscience, to write this Book. My lords, you may know an unclean bird by his feathers; let him be unplumed, unmasked, pull off the deceitful vizard, and see how he appeareth: this brittle Conscience Brother, that perhaps starts at the sight of the Corner-Cap, sweats at the Surplice, swoons at the sign of the Cross, and will rather die than put on Woman's apparel to save his life; yet he is so zealous for the advancement of his Babel, that he invents legions, coins new statutes, corrupts, misapplies texts with false interpretations, dishonours all men, defames all women, equivocates, lyes; and yet this man is a holy man, a pillar of the church. Do you, Mr. Prynn, find fault with the court and courtiers habit,'' silk and sattin divines? I may say of you, you are all purple within, all pride, malice, and all disloyalty? you are like a tumbler, who is commonly squint-eyed, you look one way, and run another way: though you seemed by the title of your Book to scourge Stage-Plays, yet it was to make people be lieve, that there was an apostaey in the Magistrates. But, my lords, admit all this to be venial and pardonable, this pigmy groweth a giant, and invades the Gods themselves; where we enjoy this felicity under a gracious prince with so much advantage, as to have the light of the Gospel, whilst others are kept in darkness, the happiness of the reereations to the health of the body, the blessed government we now have: When did ever Church so flourish, and State better prosper? And since the Plagues happened, none have been sent among us such as this caterpillar is: What vein hath opened his anger? Or who hath let out his fury? When did ever man see such a quietus est as in these days? Yet in this golden age is there not a Shimei amongst us, that curseth the Anointed of the Lord? so puffed with pride, nor can the beams of the sun thaw his frozen heart, and this man appears th yet. And now, my lords, pardon me, as he hath wounded his majesty in his head, power and government, and her majesty, his majesty's dear consort, our royal queen, and my gracious mistress; I can spare him no longer, I am at his heart. Oh! quantum! &c. If any cast infamous aspersions and censures on our queen and her innocency, silence would prove impiety rather than ingratitude in me, that do daily contemplate her virtues; I will praise her for that which is her own, she drinks at the spring-head, whilst others take up at the stream. I shall not alter the great truth that hath been said, with a heart as full of devotion, as a tongue of eloquence, the other day, as it came to his part, (meaning sir John Finch.) My lords, her own example to all virtues, the candor of her life, is a more powerful motive than all precepts, than the severest of laws: no hand of fortune nor of power can hurt her; her heart is full of honour, her soul of chastity; majesty, mildness and meekness are so married together, and so impaled in her, that where the one begetteth admiration, the other love; her soul of that excellent temper, so harmoniously composed, her zeal in the ways of God unparalleled; her affectious to her lord so great, if she offered him, it is no sunset in her anger; in all her actions and affections so elective and judicious, and a woman so constant for the redemption of all her sex from all imputation, which men (I know not how justly) sometimes lay on them; a princess, for the sweetness of her disposition, and for compassion, always relieving some oppressed soul, or rewarding some deserving subject: were all such Saints as she, I think the Roman church were not to be condemned: on my conscience she troubleth the ghostly father with nothing, but that she hath nothing to trouble him withal. And so when I have said all in her praise, I can never say enough of her excellency; in the relation whereof an orator cannot flatter, nor poet lye: yet is there not Doeg among us, not withstanding all the tergiver sations his counsel hath used at the bar? I can better prove, that he meant the king and queen by that infamous Nero, &c. than he proves Players go to Hell: but Mr. Prynn, your iniquity is full, it runs over, and Judgment is come; it is not Mr. Attorney that calls for judgment against you, but it is all mankind, they are the parties grieved, and they call for judgment. 1. Mr. Prynn, I do declare you to be a Schism-Maker in the Church, a Sedition-Sower in the Common-wealth, a wolf in sheep's cloathing; in a word, omnium malorum ne'quissimus I shall fine him 10,000, which is more than he is worth, yet less than he deserveth; I will not set him at liberty no more than a plagued man or a mad dog, who though he cannot bite, he will foam; he is so far from being a sociable soul, that he is not a rational soul; he is fit to live in dens with such beasts of prey, as wolves and tygers, like himself: Therefore I do condemn him to perpctual In don) whither a woman, by her will, will allow Mr. Prynn's Work to be sent. 2. For Mr. Buckner, I believe that he had no intention at all this Work should come abroad; he is said to be a conformable man to the church of England: I shall hardly censure him, he deserveth admonition. 3. For Sparkes, I concur in all things: The feodary had his office taken away from him by this Court; I see therefore no reason but that he may be barred from printing and selling of Books and kept wholly to binding of books. The Sentence against Mr. Prynn was executed the seventh and tenth days of May fol prisonment, as those monsters, that are no * * 2 Rushw. Coll. p. 248. "It was a softer answer" says Kennett, "to Mr. Prynn's Book against Plays and Actings, that about the beginning of November, [1633] to congratulate the king's return, and divert his royal consort, the four Inns of Court, by some of their principal members, offered a splendid Masque to be performed by their Societies jointly, as an expression of their love and duty to their majesties. The offer was very graciously accepted; and upon consult and order of the Benchers, was very nobly performed at Whitehall on Shrove-Tuesday Feb. 18th, and again at Merchant-Tayler's-Hall, where the king, queen, and court, were magnificently entertained by the city." 143. Proceedings in the Star-Chamber against Sir DAVID FOWLIS, Sir THOMAS LAYTON, and HENRY FOWLIS, esq. on a Charge of opposing the King's Service, and traducing his Officers of State; Hilary: 9 CHARLES I. A. D. 1633. [2 Rushw. Coll. p. 215.] ["The prosecution was apparently promoted the 6th, 7th, and 8th years of his majesty's reign, directed to the lord viscount Wentworth, and to divers other lords, knights, and gentlemen of the best and principal rank and quality in those northern parts, who were thereby authorized for the more ease of the country, to treat, comhighness's subjects of the city and county of mune, and compound with all and singular his York, and other northern counties therein particularly expressed, as would make fine with his majesty for their contempts in not attending his majesty's coronation, to have taken the order of knighthood, as they ought to have done; and the said lord viscount Wentworth was by express letters from his majesty in that behalf specially appointed to be collector: and albeit the said sir David Fowlis had received many gracious favours both in honour and profit, as well from king James, as his now majesty, which might justly have incited and stirred him The Information being opened to the court the same; nevertheless the said sir David Fowlis up to all dutiful and grateful thankfulness for was to this effect: That whereas several Commissions had issued lately out of his majesty's court of Exchequer in most undutifully, and ingratefully, did not regard the same, but harboured some secret discontentment, and ill affection in his heart; for man in the country; and that he was a brave spirit, and a true Yorkshireman: and that of the country, but the said Mr. Maleverer, and was to be honoured therefore;' and did very much commend him, both there, and at other places and times, for not compounding. And the said sir David Fowlis being then told, it might perhaps prove more chargeable to the said Mr. Maleverer, for his wilful standing out in that manner; the said sir David replied, That the said Mr. Maleverer had put in his plea thereunto, and would easily procure his discharge, both of the fines and issues.' And in truth he had pleaded in his majesty's Exchequer an insufficient plea, and after such time as he had paid 156. for issues, at last he compounded for his contempt. And farther to discourage and hinder men from compounding, the said sir David Fowlis then also alledged, that in other counties and shires they had not advanced their fines of knighthood so high, as was done by the commissioners in Yorkshire, saying, that there were many in Buckinghamshire and Oxfordshire, who did utterly refuse to compound and thereupon shewed forth a list or paper of the names of sundry persons of those two counties, that so refused to compound. And the said sir David Fowlis taking notice of Mr. Ewre's, and Mr. Pennyman's compounding with the commissioners, blamed and reproved them for so doing, saying, That they had by compounding done themselves some wrong, and that the country hereafter would be much 'troubled with such impositions.' And the said sir David Fowlis farther, to beget and draw a general disobedience in the hearts of his highness's people, and to cause them to deny and refuse to compound for their knighthood fines with the said commissioners, and to draw a scandal upon the said lord viscount Wentworth, and to bring him into disesteem in the hearts and minds of the gentlemen of that country, publicly said and pretended, That the people whereas the said lord viscount Wentworth, and other his majesty's commissioners, carefully and dutifully intended the due execution of his high-none durst shew himself stoutly for the good ness's said commissions, and had by virtue thereof summoned, and given notice to Ralph Ewre, James Penniman, esquires, and sundry others dwelling and inhabiting near unto the said sir David Fowlis, to attend the said commissioners at the said city of York, for their compounding for their said fines of knighthood; the said sir David Fowlis most undutifully endeavoured and practised what he possibly could to oppose his majesty's service therein, and to dissuade and divert persons from compounding with the said commissioners, and many times publicly declared his dislike and disaffection of, and to the said service, which was generally observed and noted throughout the country where he dwelt; which was by him so spoken of intent and purpose to cause men to forbear and refrain compounding, or resorting to the said commissioners, to make any composition for their aforesaid contempts; and thereby animated and encouraged sundry persons to stand out, and refuse to make any composition at all, who otherwise would have compounded with the said commissioners for their said fines of contempt, in not attending at his majesty's coronation to take the order of knighthood, as aforesaid. Aud in farther prosecution of his ill affection, and to shew his dislike of the said service, and the more fully to express and manifest himself, and his desire for the hindrance thereof, be the said sir David Fowlis, at a public meeting, at the house of the said sir Thomas Layton, in the beginning of the month of July, 1632, did, in divers of his conferences with gentlemen concerning the compounding with the said lord viscount, and the other commissioners for their fines and contempts of knighthood, publicly affirm and say, That Yorkshire gentlemen had been in time past accounted and held stout spirited men, and would have stood for their rights and li'berties, and were wont to be the worthiest of 'all other shires in the kingdom. And that in former times all other shires did depend, and would direct all their great actions by that " county. And that other counties, for the most part, followed and imitated Yorkshire 'but now in these days Yorkshiremen were be· come degenerate, more dastardly and more · cowardly than the men of other counties, 'wanting their wonted courage and spirit, which they formerly used to have.' Which said words and speeches the said sir David Fowlis then used and uttered purposely to dissuade and discourage persons from compounding for the said contempts and fines for knighthood, as aforesaid. And the more to encourage those that stood out, and refused to compound, the said sir David Fowlis, at the same time and place, extolled and highly commended one James Maleverer, esq. for denying and refusing to compound with the said commissioners for his fines of knighthood, and said, that the said 'James Maleverer was the wisest and worthiest 6 6 of Yorkshire did adore him the said lord vis6 count Wentworth, and were so timorous and fearful to offend his lordship, that they would undergo any charge, rather than displease him; and that his lordship was much respected in Yorkshire, but at court he was no more respect'ed than an ordinary man; and that as soon as his 'back was turned for Ireland, his place of presidentship of the council would be bestowed on another man.' And the said sir David Fowlis, and the defendant Henry Fowlis, did, about the beginning of July, 1682, and at other times publicly, in the hearing of sundry knights and gentlemen, to the end to hinder his majesty's service, and to render the said lord viscount Wentworth odious to the inhabitants of Yorkshire, and the places and countries where he was employed as a commissioner, most falsely and untruly scandalize and wrong the said lord vis oant Wentworth, to have received much money of the country for knighthood fines, by virtue of the aforesaid commission; and that his lordship had not paid the same, either to his |