I had thought Mr. Prynne had had no eares , but me thinkes hee hath eares ; which caused many of the Lords to take the stricter view of him ; and for their better satisfaction , the Vsher of the Court was commaunded to turne up his haire , and shew his eares : upon the sight whereof the Lords were displeased they had beene formerly no more cut off ; and cast out some disgracefull words of him .

To which Mr. Prynne replied ; My Lords , there is never a one of your Honours , but would be sorry to have your eares as mine are .

I hope ( sayd Mr. Prynne ) your Honours will not be offended , I pray God give you eares to heare .

The busines of the day ( sayd the Lord Keeper ) is to proceed on the Prisoners at the Barr.

Mr. Prynne then humbly desired the Court to give him leave to make a motion or two , which being graunted , he mooves .

First that their Honours would be pleased to accept of a crosse Bill against the Prelates , signed with their owne hands , being that which stands with the Iustice of the Court , which he humbly craved , and so tendred it .

As for your crosse Bill , it is not the busines of the day ; Hereafter if the Court shall see just cause , and that it savours not of Libelling , we may accept of it ; for my part I have not seene it , but have heard somewhat of it .

I hope your Honours will not refuse it , being it is on his Majesties behalfe ; wee are his Majesties Subjects , and therefore require the Iustice of the Court.

But this is not the busines of the day .

Why then , My Lords , I have a second motion , which I humbly pray your Honours to graunt ; which is , That your Lordships will be pleased to dismisse the Prelates , here now sitting from having any voyce in the censure of this cause ( being generally knowne to be Adversaries ) as being no wayes agreeable with equity or reaso● , that they who are our Adversaries , should be our Iudges : Therefore wee humbly crave they may be expunged out of the Court.

In good faith it s a sweet motion is 't not ? Herein you are become Libellous . And if you should thus Libell all the Lords and Reverend Iudges , as you doe the most Reverend Prelates , by this your Plea , you would have none to passe sentence upon you for your Libelling , because they are parties .

Vnder correction ( My Lord ) this doth not hold ; your Honour need not putt that for a certainty , which is an uncertainty ; wee have nothing to say to any of your Honours , but onely to the Prelates .

Mr. Attorney began first with Dr. Bastwickes Latin Booke , picking out here and there particular conclusions that best served for his owne ends , ( as did all the other Counsell out of the fower other Bookes ) to the great abuse of the Authors , as themselves there immediately complained , intreating them to read the foregoing grounds upon which the sayd conclusions depended , without which they could not understand the true meaning of them .

Next unto the Attorney , Serjeant Whitfeild falls upon Reverend Mr. Burtons Booke , who vented much bitternes against that unreprooveable Booke ( as all that read it with an honest and orthodox heart may clearely perceive ) swearing , In good faith , My Lords , there is never a page in this Booke , but deserves a heavier and deeper Censure then this Court can lay upon him .

Next followed A. B. who in like maner descanted upon the Newes from Ipswich , charging it to be full of pernitious lyes , and especially vindicating the honor of Mathew Wren , Bishop of Norwich , as being a learned pious and Reverend Father of the Church .

In the fourth place followes the Kings Solicitor , who acts his part upon the Divine Tragedy ; To which part of it , concerning Gods judgements on Sabbath breakers , hee had little to say , but onely putt it off with a scoffe , saying ; that they sate in the Seate of God , who judged those accidents which fell out upon persons suddainly strooken , to be the judgement of God for Sabbath-breaking , or words to the like effect : but enlarged himselfe upon that passage , which reflected upon that late Reverend ( as hee termed him ) and learned Professor of the Law , and his Majesties faithfull Servant Mr. William Noy , his Majesties late Attorney , who ( as hee said ) was most shamefully abused by a slaunder layd upon him ; which was , That it should be reported , that Gods judgement fell upon him for so eagerly prosecuting that innocent person Mr. Prynne ; which judgement was this ; That he laughing at Mr. Prynne while hee was suffering upon the Pillory , was strooke with an yssue of blood in his privy part , which by all the art of man could never be stopped unto the day of his death , a. which was soone after . But the truth of this ( My Lords sayth hee ) you shall finde to be as probable as the rest ; for wee have here three or fower Gentlemen of good credit and ranke , to testify upon oath , that hee had that yssue long before ; and thereupon made a shew as if hee would call for them in before the Lords , to witnesse the truth thereof ( with these particular words , Make roome for the Gentlemen to come in there ) but no one witnesse was seene to appeare : Which was a pretty delusion , and worth all your observations that read it : And so concluded ( as the rest ) that this Booke also deserved a heavy and deepe Censure .

Lastly followes Mr. Harbert , whose descant was upon Dr. Bastwickes Letanie , picking out one or two passages therein , and so drawing thence his conclusion , that jointly with the rest , it deserved a heavy Censure .

The Kings Counsell having all spoken what they could , the Lord Keeper sayd to the Prisoners at the Barre .

You heare Gentlemen wherewith you are charged ; and now , least you should say you cannot have liberty to speake for your selves , the Court gives you leave to speake what you can , with these conditions :

First , that you speake within the bounds of modesty .

Secondly , that your speeches be not Libellous .

They all three answered , they hoped so to order their speech as to be free from any immodest or Libellous speaking .

Then speake a Gods name , and shew cause why the Court should not proceed in Censure ( as taking the cause pro confesso ) against you .

Wee can give you a President , that this Court hath proceeded and taken a cause pro confesso for not putting in an Answer in sixe dayes ; you have had a great deale of favour shewed in affording you longer time , and therefore the Court is free from all calumny or aspersion , for rejecting your Answer not signed with the Counsells hands .

But one word or two , my Lords , I desire your Honours to heare me ; I put a case in Law , that is often pleaded before your Lordships , one man is bound to bring in two witnesses ; if both or one of them sayle , that hee cannot bring them in , doth the Law ( my Lords ) make it the mans act ? You assigned me two Counsellors ; one of them fayled , I cannot compell him ; here he is now before you , let him speake , if I have not used all my endeavours to have had him sighed it ( which my other Counsell would not have done , if this would have set his hand to it with him ) and to have put it in long since .

My Lord , there was so long time spent ere I could doe any thing , after I was assigned his Counsell ; that it was impossible his Answer could be drawne vp in so short a time as was allotted ; for after long expectation , seeing hee came not to mee , I went to him , where I found him shut up close prisoner , so that I could not have accesse to him ; Whereupon I motioned to the Lieftenant of the Tower , to have free liberty of speech with him concerning his Answer ; which being graunted me , I found him very willing and desirous to have it drawne up ; whereupon I did moove in this Court for pen and paper ; which was graunted , the which he no sooner had gotten , but he set himself to draw up Instructions , and in a short time , sent me 40 sheetes ; and soone after I received 40 more ; but I found the Answer so long , and of such a nature , that I durst not set my hand to it , for feare of giving your Honours distate .

My Lords , I did nothing but according to the direction of my Counsell , onely I spake mine owne words , my Answer was drawne up by his consent , it was his owne act , and hee did approove of it ; and if he will be so base a Coward , to doe that in private , which hee dares not acknowledge in publick , I will not let such a sinne lye on my conscience , let it rest with him . Here is my Answer , which though it be not signed with their hands , yet here I tender it upon my oath , which you cannot in Justice deny .

But Mr. Prynne the Court desires no such long Answer ; Are you guilty or not guilty ?

My good Lord , I am to answer in a defensive way , Is here any one , that can witnes any thing against me ? Let him come in . The Law of God standeth thus ; That a man is not to be condemned , but under the mouth of two or three witnesses . Here is no witnes comes in against me , my Lord , neither is there in all the Information one clause that doth particularly fall on mee , but onely in the generall , there is no Booke layd to my charge . And shall I be condemned for a particular act , when no accusation of any particular act can be brought against mee ? This were most unjust and wicked . Here I tender my Answer to the Information upon my oath ; My Lord , you did impose impossibilities upon me , I could doe no more then I was able .

Well hold your peace , your Answer comes too late . Speake you Dr. Bastwicke .

My Honorable Lords , me thinks you looke like an Assembly of Gods , and sit in the place of God ; yee are called the Sonnes of God : And since I have compared you to Gods , give me leave a little to paralell the one with the other , to see whither the comparison betweene God and you doth hold in this noble and righteous cause . This was the carriage of Almighty God in the cause of Sodome : Before hee would pronounce sentence , or execute judgement , hee would first come downe , and see whither the crime was altogether according to the cry that was come up . And with whom doth the Lord consult , when hee came downe ? with his Servant Abraham , and hee gives the reason ; for I know ( sayth hee ) that Abraham will commaund his children and household after him , that they shall keep the way of the Lord to doe Iustice and Iudgement . My good Lords , thus stands the case betweene your Honours and us this day ; There is a great cry come up into your eares , against us , from the Kings Attorney ; why now be you pleased to descend and see if the crime be according to the cry , and consult ( with God ) ( not the Prelates being the adversary part , and ( as it is apparant to all the World ) doe proudly set themselves against the wayes of God , and from whom none can expect Iustice or Iudgement ) but with righteous men , that will be impartiall on either side , before you proceed to Censure , which Censure you cannot passe on us , without great injustice before you heare our Answers read : Here is my Answer , which I here tender upon my oath ; My good Lords , give us leave to speake in our owne defence ; wee are not conscious to our selves of any thing wee have done that deserves a Censure this day in this Honourable Court , but that wee have ever laboured to maintaine the Honor , Dignity , and Prerogative Royall of our Soveraigne Lord the King , Let my Lord the King live forever . Had I a thousand lives , I should thinke them all too little to spend for the maintenance of his Majesties Royall Prerogative , My good Lords , can you proceed to Censure before you know my cause ? I dare undertake , that scarce any one of your Lordships have read my Bookes ; And can you then Censure me for what you know not , and before I have made my defence ? O my Noble Lords ! Is this righteous Iudgement ? This were against the Law of God and man , to condemne a man , before you know his crime . The Governour before whom S. Paul was carried ( who was a very Heathen ) would first heare his cause before he would passe any Censure upon him ; And doth it beseeme so Noble and Christian Assembly to condemne me before my Answer be perused and my cause knowne ? Men , Brethren , and Fathers , into what an age are wee fallen ? I desire your Honours to lay aside your Censure for this day , and inquire into my cause , heare my Answer read ; which if you refuse to doe , I here professe , I will cloath it in Roman Buffe , and send it abroad unto the view of all the World , to cleare mine innocency , and see your great injustice in this cause .

But this is not the busines of the day ; Why brought you not in your Answer in due time ?

My Lord , a long time since I tendred it to your Honour , I sayled not in any one particular : And if my Counsell be so base and cowardly , that they dare not signe it for feare of the Prelates ( as I can make it appeare ) therefore have I no Answer ? My Lord , here is my Answer , which though my Counsell out of a base spirit dare not set their hands unto , yet I tender it upon my oath .

But Mr. Dr. you should have beene briefe ; you tendred in too large an Answer , which ( as I heard ) is as Libellous as your Bookes .

No , my Lord , it is not Libellous though large , I have none to answer for me but my selfe , and being left to my selfe , I must plead my conscience in answer to every circumstance of the Information .

What say you Mr. D. are you guilty , or not guilty ? Answer aye or no , you needed not to have troubled your self so much about so large an Answer .

What say you to that was read to you even now ?

My Lord , He that read it did so murther the sence of it , that had I not knowne , what I had written , I could not tell what to have made of it .

What say you to the other Sentence read to you ?

That was none of mine , I will not father that which was none of my owne .

Did not you send that Booke , as now it is , to a Noble mans house , together with a Letter directed to him ?

Yea , my Lord , I did so , but withall you may see in my Epistle set before the Booke , I did at first disclayme what was not mine ; I sent my Booke over by a Dutch Merchant , who it was that wrote the addition I doe not know , but my Epistle set to my Booke , made manifest what was mine , and what was not ; and I cannot justly suffer for what was none of mine .

My Lord , you heare by his owne speech , the cause is taken pro confesso .

Yea , you say true my Lord .

My noble Lord of Arundell , I know you are a noble Prince in Israel , and a great Peere of this Realme ; There are some honorable Lords in this Court , that have beene forced out as combatants in a single duell ; it is betweene the Prelates and us , at this time as betweene two that have appointed the feild . The one being a coward goes to the Magistrate , and by vertue of his Authority disarmes the other of his weapons , and gives him a Bullrush , and then challenges him to fight . If this be not base cowardice , I know not what belongs to a Souldier . This is the case betweene the Prelates and us , they take away our weapons ( our Answers ) by vertue of your Authority , by which we should defend our selves , and yet they bidd us fight . My Lord , doth not this favour of a base cowardly spirit ? I know , my Lord , there is a Decree gonne forth ( for my Sentence was passed long since ) to cut of our eares .

My Lord , I am able to proove it , and that from the mouth of the Prelates owne Servants , that in August last it was decreed , that Dr. Bastwicke should loose his eares . O my Noble Lords ! Is this righteous judgement ? I may say , as the Apostle once sayd , What , whipp a Roman ? I have beene a Souldier able to lead an Army into the field , to fight valiantly for the honour of their Prince ; Now I am a Physitian , able to cure Nobles , Kings , Princes and Emperors : And to curtolize a Romans eares , like a Curre , O my honorable Lords ! is it not too base an act for so noble an assembly , and for so righteous and honorable a cause ? The cause my Lords is great , it concernes the glory of God , the honour of our King , whose Prerogative wee labour to maintaine and to set up in a high maner , 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 , betweene St. Iames Bagge and the Lord Moone , wherein your Lordships tooke a great deale of paynes , with a great deale of patience , to heare the Bills on both sides , with all the Answers and Depositions largely layd open before you ; which cause when you had fully heard , some of your Honours , now sitting in Court , sayd , You could not in conscience proceed to Censure , till you had taken some time to recollect your selves : If in a cause of that nature , you could spend so much time , and afterwards recollect your selves before you would passe Censure : How much more should it moove your Honours , to take some time in a cause wherein the glory of God , the Prerogative of his Majestie , your Honours dignity , and the Subjects Liberty is so largely ingaged ? My good Lords , it may fall out to be any of your Lordships cases to stand as Delinquents at this Barre , as wee now doe : It is not unknowne to your Honours , the next cause that is to succeed ours , is touching a person that sometimes hath beene in greatest power in this Court : And if the mutations and revolutions of persons and times be such , then I doe most humbly beseech your Honours to looke on us , as it may befall your selves . But if all this will not prevaile with your Honours , to peruse my Bookes , and heare my Answer , read , which here I tender upon the word and oath of a Soldier , a Gentleman , a Scholler , and a Physitian : I will cloath them ( as I sayd before ) in Roman Buffe , and disperse them throughout the Christian world , that future generations may see the Innocency of this cause , and your Honors unjust proceedings in it ; all which I will doe , though it cost me my life .

Mr. Dr. I thought you would be angry .

No my Lord , you are mis-taken , I am not angry nor passionate , all that I doe presse is , that you would be pleased to peruse my Answer .

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

My good Lords , your Honors ( it should seeme ) doe determine to Censure us , and take our cause pro confesso , although we have laboured to give your Honors satisfaction in all things : My Lords , what you have to say against my Booke , I confesse I did write it , yet did I not any thing out of intent of Commotion or Sedition : I delivered nothing , but what my Text ledd me too , being chosen to suite with the day , namely the fifth of November ; the words were these , &c.

Mr. Burton , I pray stand not naming Texts of Scripture now , we doe not send for you to preach , but to answer to those things that are objected against you .

My Lord , I have drawne up my Answer to my great paynes and charges , which Answer was signed with my Counsells hands , and received into the Court , according to the Rule and Order thereof . And I did not thinke to have beene called this day to a Censure , but have had a legall proceeding by way of Bill and Answer .

Your Answer was impertinent .

My Answer ( after it was entred into the Court ) was referred to the Iudges , but by what meanes I doe not know , whither it be impertinent , and what cause your Lordships had to cast it out , I know not . But after it was approoved of , and received , it was cast out as an impertinent Answer .

What say you Mr. Burton , are you guilty , or not ?

My Lord , I desire you not onely to peruse my Booke , here and there , but every passage of it .

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 rayling and scandalous way ?

In my judgement , and as I can proove it , it was neither rayling nor scandalous ; I conceive that a Minister hath a larger liberty then alwayes to goe in a milde strayne : I being the Pastor of my people , whom I had in charge , and was to instruct , I supposed it was my duety to informe them of those Innovations that are crept into the Church , as likewise of the danger and ill consequence of them : As for my Answer , yee blotted out what yee would , and then the rest which made best for your owne ends , you would have to stand : And now for mee to tender onely what will serve for your owne turnes , and renounce the rest , were to desert my cause , which before I will doe , or desert my conscience , I will rather desert my body , and deliver it up to your Lordships to doe with it , what you will .

This is a place , where you should crave mercy and favour , Mr. Burton , and not stand upon such termes as you doe .

There wherein I have offended through humane 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 sinne against the Lord .