Dr. Bastwicke. Yes, My Lord, I did so; but, withal, you may see, in my epistle set before the book, I did at first disclaim what was not mine; I sent my hook over by a Dutch merchant; who it was, that wrote the addition, I do not know; but my epistle, set to my book, made manifest what was mine, and what was not; and I cannot justly suffer for what was none of mine.

Lord Arundel. My Lord, you hear, by his own speech, the cause is taken pro confesso.

Lord Keeper. Yea, you say true, my lord.

Dr. Bastwicke. My noble Lord of Arundel, I know you are a noble prince in Israel, and a great peer of this realm: There are some honourable lords in this court, that have been forced out, as combatants in a single duel. It is between the prelates and us, at this time, as between two that have appointed the field; the one, being a coward, goes to the magistrate, and, by virtue of his authority, disarms the other of his weapons, and gives him a bulrush, and then challenges him to fight. If this be not base cowardice, I know not what belongs to a soldier. This is the case between the prelates and us: They take away our weapons (our answers) by virtue of your authority, by which we should defend ourselves, and yet they bid us fight. My Lord, Doth not this savour of a base, cowardly spirit? I know, my lord, there is a decree gone forth (for my sentence was passed long since) to cut off our ears.

Lord Keeper. Who shall know our censure, before the court pass it? Do you prophesy of yourselves?

Dr. Bastwicke. My Lord, I am able to prove it, and that from the mouth of the prelates own servants, that, in August last, it was decreed, That Dr. Bastwicke should lose his ears. O, my noble Lords, is this righteous judgment? I may say, as the apostle once said, What whip a Roman? I have been a soldier, able to lead an army into the field, to fight valiantly for the honour of their prince: Now I am a physician, able to cure nobles, kings, princes, and emperors: And to curtalise a Roman's ears, like a cur, O, my honourable Lords, is it not too base an act for so noble an assembly, and for so righteous and honourable a cause? The cause, my Lords, is great; it concerns the glory of God, the honour of our king, whose prerogative we labour to maintain, and to set up in a high manner, in which your honours liberties are engaged: And doth not such a cause deserve your lordships consideration, before you proceed to censure? Your honours may be pleased to consider, that, in the last cause, heard and censured in this court, between Sir James Bagge and the Lord Moone, wherein your lordships took a great deal of pains, with a great deal of patience, to hear the bills on both sides, with all the answers and depositions largely laid open before you: : Which cause, when you had fully heard, some of your honours, now sitting in the court, said, you could not, in conscience, proceed to censure, till you had taken some time to recollect yourselves. If, in a cause of that nature, you could spend so much time, and afterwards recollect yourselves, before you would pass censure, how much more should it move your honours to take some

time in a cause, wherein the glory of God, the prerogative of his Majesty, your honours dignity, and the subjects liberty, is so largely engaged? My good Lords, it may fall out to be any of your lordships cases, to stand as delinquents at this bar, as we now do: It is not unknown to your honours, the next cause, that is to succeed ours, is touching a person that sometimes hath been in greatest power in this court: and, if the mutations and revolutions of persons and times be such, then I do most humbly beseech your honours to look on us, as it may befall yourselves. But, if all this will not prevail with your honours to peruse my books, and hear my answer read, which here I tender, upon the word and oath of a soldier, a gentleman, a scholar, and a physician: I will clothe them, as I said before, in Roman buff, and disperse them throughout the christian world, that future genera. tions may see the innocency of this cause, and your honours unjust proceedings in it; all which I will do, though it cost me my life.

Lord Keeper. Mr. Doetor, I thought you would be angry.

Dr. Bastwicke. No, My Lord, you are mistaken, I am not angry nor passionate; all that I do press is, that you would be pleased to peruse my answer.

Lord Keeper. Well, hold your peace. Mr. Burton, what say you?

Mr. Burton. My good Lords, your honours (it should seem) do determine to censure us, and take our cause pro confesso, although we have laboured to give your honours satisfaction in all things: My Lords, What have you to say against my book? I confess I did write it, yet did I not any thing out of intent of commotion or sedition: I delivered nothing, but what my text led me to, being chosen to suit with the day, namely the fifth of November; the words were these, &c.

Lord Keeper. Mr. Burton, I pray stand not naming texts of scripture now, we do not send for you to preach, but to answer to those things which are objected against you.

Mr. Burton. My Lord, I have drawn up my answer to my great pains and charges, which answer was signed with my council's hands, and received into the court according to the rule and order thereof. And I did not think to have been called this day to a censure, but have had a legal proceeding by way of bill and answer.

Lord Keeper. Your answer was impertinent.

Mr. Burton. My answer (after it was entered into the court) was referrd to the judges, but by what means I do not know, whether it be impertinent, and what cause your lordships had to cast it out, I know not. But, after it was approved of, and received, it was cast out as an impertinent answer.

Lord Finch. The judges did you a good turn to make it impertinent, for it was as libellous as your book, so that your answer deserved a

censure alone.

Lord Leeper. What say you, Mr. Burton, are you guilty, or not? Mr. Burton. My Lord, I desire you not only to peruse my book, here and there, but every passage of it.

Lord Keeper. Mr. Burton, Time is short, are you guilty, or not guilty? What say you to that which was read? doth it become a minister to deliver himself in such a railing and scandalous way?

Mr. Burton. In my judgment, and as I can prove it, it was neither railing nor scandalous; I conceive that a minister hath a larger liberty than always to go in a mild strain: I being the pastor of my people, whom I had in charge, and was to instruct, I supposed it was my duty to inform them of those innovations, that are crept into the church, as likewise of the danger and ill consequence of them: As for my answer, ye blotted out what ye would, and then the rest, which made best for your own ends, you would have to stand; and now for me to tender only what will serve for your own turns, and renounce the rest, were to desert my cause, which before I will do, or desert my conscience, I will rather desert my body, and deliver it up to your lordships to do with it, what you will.

Lord Keeper. This is a place where you should crave mercy and favour, Mr. Burton, and not stand upon such terms as you do.

Mr. Burton. There wherein I have offended through human frailty, I crave of God and man pardon: And I pray God, that, in your sentence, you may so censure us, that you may not sin against the Lord.

Thus the prisoners, desiring to speak a little more for themselves, were commanded to silence. And so the lords proceeded to censure.

The Lord Cettington's Censure.

I Condem these three men to lose their ears in the palace-yard at Westmister; to be fined five thousand pounds a man to his Majesty : And to perpetual imprisonment in three remote places of the kingdom, namely, the Castles of Caernarvon, Cornwall, and Lan

caster.

The Lord Finch addeth to this Censure.

MR. Prynne to be stigmatised in the cheeks with two letters (S and L) for a seditious libeller. To which all the lords agreed. And so the Lord Keeper concluded the censure.

THE Execution of the lords censure in the Star Chamber upon Dr. Bastwicke, Mr. Prynne, and Mr. Burton, in the palace yard at Westminster, the thirtieth day of June last 1687; at the spectation whereof the number of people was so great (the place being very large) that it caused admiration in all that beheld them, who came with tender affections, to behold those three renowned soldiers and servants of Jesus Christ, who came with most undaunted and magnanimous courage thereunto, having their way strewed with sweet herbs from the house out of which they came to the pillory, with all the honour that could be done unto them.

Dr. Bastwicke and Mr. Burton first meeting, they did close one in the other's arms three times, with as much expressions of love as might be, rejoicing that they met at such a place, upon such an occasion, and that God had so highly honoured them, as to call them forth to suffer for his glorious truth.

Then immediately after, Mr. Prynne came, the doctor and he saluting each other, as Mr. Burton and he did before. The doctor, then, went up first on the scaffold, and his wife immediately following came up to him, and, like a loving spouse, saluted each ear with a kiss, and then his mouth; whose tender love, boldness, and chearfulness so wrought upon the people's affections, that they gave a marvellous great shout, for joy to behold it. Her husband desired her not to be, in the least manner, dismayed at his sufferings: And so for a while they parted, she using these words: Farewel, my dearest, be of good comfort, I am nothing dismayed. And then the doctor began to speak these words.

Dr. Bastwicke. There are many that are, this day, spectators of our standing here, as delinquents, though not delinquents, we bless God for it. I am not conscious to myself, wherein I have committed the least trespass (to take this outward shame) either against my God, or my king. And I do the rather speak it, that you, that are now beholders, may take notice, how far innocency will preserve you in such a day as this; for we come here, in the strength of our God, who hath mightily supported us, and filled our hearts with greater comfort than our shame or contempt can be. The first occasion of my trouble was by the prelates, for writing a book against the Pope, and the Pope of Canterbury said I wrote against him, and therefore questioned me; but, if the presses were as open to us, as formerly they have been, we should shatter his kingdom about his ears. But be ye not deterred by their power, neither be affrighted at our sufferings; let none determine to turn from the ways of the Lord, but go on, fight courageously against Gog and Magog. I know there be many here who have set many days a-part for our behalf, let the prelates take notice of it, and they have sent up strong prayers to heaven for us. We feel the strength and benefit of them at this time, I would have you to take notice of it, we have felt the strength and benefit of your prayers all along this cause. In a word, so far I am from base fear, or caring for any thing that they can do, or cast upon me, that, had I as much blood as would swell the Thames, I would shed it every drop in this cause, therefore be not any of you discouraged; be not daunted at their power, ever labouring to preserve innocency, and keep peace within; go on in the strength of your God, and he will never fail you in such a day as this; as I said before, so I say again, had I as many lives as I have hairs on my head, or drops of blood in my veins, I would give them all up for this cause; this plot of sending us to those remote places, was first consulted and agitated by the Jesuits, as I can make it plainly appear. O see what times we are fallen into, that the lords must sit to act the Jesuits plots! For our own parts we owe no malice to the persons of any of the prelates, but would lay our necks under their feet to do them good as they are men; but against the

230

usurpation of their power, as they are bishops, we do profess enemies till doom's-day.

Mr. Prynne, shaking the doctor by the hand, desired him that he With all my heart, said the doctor. might speak a word or two. The cause (said Mr. Prynne) of my standing here, is for not bringing in my answer, for which my cause is taken pro confesso against me. What endeavours I used for the bringing in thereof, that, God and my own conscience, and my council knows, whose cowardice stands upon record to all ages. For, rather than I will have my cause a leading cause, to deprive the subjects of that liberty which I seek to maintain, I rather expose my person to be a leading example, to bear this punishment And I beseech you all to take notice of their proceedings in this cause: When I was served with a subpoena into this court, I was shut up close prisoner, that I could have no access to council, nor be admitted pen, ink, or paper, to draw up my answer by my instructions, for which I feed them twice (though to no purpose) yet, when all was done, my answer would not be accepted into the court, though I tendered it upon my oath. I appeal to all the world, if this was a legal or just proceeding. Our accusation is in point of libel, but supposedly, against the prelates; to clear this now, I will give you a little light what the law is in point of libel, of which profession I have sometimes been, and still profess myself to have some knowledge in; you shall And, in case of libel, two statutes: The one in the second of Queen Mary, the other in the seventh of Queen Elisabeth. That in the second of Queen Mary, the extremity and heighth of it runs thus: That, if a Jibeller doth go so far and so high as to libel against king or queen, by denomination, the height and extremity of the law is, that they lay no greater fine on him than an hundred pounds, with a month's imprisonment, and no corporal punishment, except he does refuse to pay his fine, and then to inflict some punishment instead of that fine at the month's end. Neither was this censure to be passed on him, except it was fully proved by two witnesses, who were to produce a certificate of their good demeanor for the credit of their report, or else confessed by the libeller. You shall find in that statute, 7 Elis. some further addition to the former of 2 Mariæ, and that only in point of fine and punishment, and it must still reach as high as the person of king or queen. Here this statute doth set a fine of two hundred pounds; the other, but one: This sets three months imprisonment, the former but one: So that therein only they differ. But in this they both agree, namely, at the end of his imprisonment to pay his fine, and so to go free without any further question: But, if he refuse to pay his fine, then the court is to inflict some punishment on him correspondent to his fine. Now A libeller in see the disparity between those times of theirs, and ours. Queen Mary's time was fined but an hundred pounds, in Queen Elisabeth's time two hundred in Queen Mary's days but a month's imprisonment, in Queen Elisabeth's, three months; and not so great a fine, if they libelled not against king or queen. Formerly the greatest ffne was but two hundred pounds, though against king or queen; now five thousand pounds, though but against the prelates, and that but sup