ACT THE FIRST.

MY good friend Theocritus; whether away so speedily?

Know you not what is this day done in that excellent Schoole of Vertue and literature, that most flourishing, and iust Consistory of Peeres and Com­mons?

Private imployments, have made me a meere stranger to publike affaires. Pray, what is it?

Know my Euthimius, that this day the Iudges must undergoe Judgement, those Conscript Fathers whose purple we once adored are now sicke of a Iudici­all Feaver, by reason of their corrupt sentence given; to the greivance of the Subiect, and favour of their Prince.

Alas! In what a state are we, when Judges must render an account of their actions upon earth be­fore Judges?

Beleeve mee Euthymus, they must; nor will [Page] they escape the Gallowes, if they give not very good satisfaction to that Honorable and grave assembly nor will they easily so doe: For it is generally said that they were the very fountaine of all the teares and tumults of this languishing Island.

Let them all dye, if they have abused the seate of Judgement; it is much better that one perish then an vnity: a luxurious branch, then a fruitfull vine, some kinde of mercy is cruelty; by whose remisnesse or burthen rather, every diseased common-wealth is af­flicted: This have I alwaies said, and this renowned Island hath found it too true by experience: to spare the evill, is an endammagement to the good. But what are these?

If I should directly expresse their conditions, I should shew you diverse gestures arising from the selfe same affection. They are two Phylosophers that ieere and weepe at the passages of the World. He, Heraclitus plaies the part of a compassionate man, hee is [...] with teares, and no sooner sees then sighes at the vani­ties of men; But the other, Democritus derides the age; and scoffeth mens generall folly; setting up this Motto over his doore.

I see my owne miserie and laugh at it; I see thy mise­ry and envie it not. But many there are who doe out­wardly reioyce, but inwardly sigh: they laugh and caroll with their mouthes, but lament and condole with their hearts. This may you soone perceive by their enter­change of discourse.

My good Democritus, what is the reason that thou laughest?

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Because thou weepest; for what canst thou finde in this [...] Theater of the world, which is worthy thy smallest teare? where servants are made Lords, Lords servants; the Masters head is cut off, the servant riseth up, and [...] into his place wives bewaile the funerall of their [...] teares and offering leape into their graves; and yet before one worme hath entred into the winding [...] or before the flowers are withered wherewith the course was garnished, they entertaine new affecti­ons and [...]

These things [...] teare from my eyes: but what besides, Democritus?

What besides dost thou aske? Get thee [...], and thou shal every where finde the spectacles of derision. This man is honored in the sight of his Prince; enioyeth his delights, stretcheth upon beds of yvory, and is [...] with honours, as with burthen; he seekes nothing, but he acquires it, he [...], but he obtaines it; all men that sees his estate admires him, and esteemes him the happi­est man upon the earth: in the meane while one small cloud obsoureth all these false beames in a day, ye in a minute of an houre, his Prime leaveth him, his glo­ry departeth like a dreame; and his Atlas who carri­ed such heapes, such mountaines of honour upon his shoulders, hath his exit with reproach; hah, hah, hah. Yet no sooner hath this Hero suffered an inrevo­cable fate; but he is wisht alive againe by them, who in his life and glory prosecuted him with extremest violence: They hate him alive; lament his dead, and with pious teares desire his restriction: but great [...] heads are sooner taken off, then set on againe. In these times it is is more security to be a foote then [Page] a wise man; for a wise mans head is a subiect for the axe, the foole keepes his upon his shoulders▪ will you heare more?

Proceede, deare Democritus; these conceits are not more pleasant to thee then my teares ate to me.

Weepe child, weepe, and that thou mayst seeme the more idle in it, see how parents live penu­riously that they may make their sonnes prodigall the sooner; yet how they make them selves deptors to nature that they may riot the more licentiously: walke on, into this most stately Citie, looke about thee, thou shalt see windowes opened and paintd faces looking out, inviting thee with their lookes. Thou shalt find althings saleable in Troinovant; the dainty dames will untie thy purse strings with a busse: out goes the husband, in comes the friend; hah, hah, hah. Thou shalt finde some that resigne their offices least they should loose them; others leaving their nest, that thy and their young may not perish, others that abounded through rapine miserably exhausted; others adorned with others feathers, that have cast their owne. Here thou shalt see Coblers and huck­sters that rise out of old shooes and panniers, bea­ting the Pulpit, and broaching new doctrines, as if they were Regij Professores, and held by the rable to be most profound Divinity: yea, I cannot wash my hands but me thinkes I see the soapy effigies of Brun­field in the Bason▪ nor can I goe downe into a celler, but I finde the lively statue of Master Abell; yea I can­not, untie my shooe, but I call to minde that patent for Leather and deride it; For men now truely seeme turned into trees bringing forth spatious branches, but fruits of vanity: in a word all the world is full of fooles, and ridiculous in the eyes of Democritus.

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It is a vile disposition to joy in the discom­modityes of others.

True; but hence it is that I laugh so much, because all things are cumbred with their owne dis­commodity.

In the meane while, they become noxious unto them.

And iustly, my Heraclitus; for who if hee were wise would not forsake an house of clay to come unto an heavenly dominion▪ But these mad men place their Elysium upon earth, little regarding the future that they may enioy the present. They demo­lish, build up, they provide cloathes for moths and edifices for the wind. They no sooner perceive the hooke of honour, then they greedily swallow it; that stickes in their throates, and they are worthily taken▪ Nor doe these things rage onely in greener mindes; for although (as saies that Sicilian) It is a pro­digy for a young man to be old, ridiculous for an old man to be young; yet you may see the hoary Elders of this land, that have a foot in the grave, and by their age should have wisedome, or at the least autho­rity & reverence, plunged into most haynous crimes; so that it may truely be said of them, they grow as old in vices as in yeares.

You speake strangely.

But very truly of these old doges. The wolfe will sooner change his haire then his heart: the wooll will not easily loose its first colour, nor the vessell its first favour.

But my hope is that you will finde none in this whole Island so wickedly & wretchedly doting, as to preferre worldly wealth before Elysian happi­nesse.

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Goe on and proceede my doefull Heraclitus, in your madnes, are there not many I pray of that [...] opinion▪ that would rather loose their pants in Paradice then in Paris. The Iudges can [...] those venerable and conscript Fathers, who are this very day in triall for their lives.

Alas! The Iudges.

I, the Iudges. Therefore let us both goe thither: for wee shall there heare many things pro­portionable to thy teares and convenient for my laughter.

I will goe very willingly; where if I heare Iudgement turned into Whi [...]ed, I shall with my teares lament those unhappie Fathers; yea I shall transforme my selfe wholly into a Niche.

Goe on foole, goe; hah, hah, hah. The whole world is diseased; as many Monopolies as in­habitants; hah, hah, hah.

Let us follow them, Euthymius: There is roome for good stoore of company.

I scare, Theocritus that we shall not be ad­mitted, because we are no members of that Honora­ble Assembly.

Let not that trouble you, there is none that hath good lockes and good cloathes, but hee shall have entrance I warrant you; but who are these?

They seeme to be of the Country by their simple discourse. Iust us listen to them; for I suspect but little cunning in their coates, they will talke much about matters of State, and their rudenesse will pro­cure us good sport.

Newes Althea, I have a whole dicker of newes for thee.

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What is that my small friend.

I will tell thee a secret, my hony: we shal have a trienniall Parliament, every yeare.

What is that trienniall? Doth it belong to the keeping of sheepe or goats, stopping of gaps, or grea­sing of sheepe tell me pray?

Let that suffice, love, that we shall have this good Trienniall. As for my part I must needes con­fesse, I know not whether Trienniall be man or wo­man. But this I know, that for the report of it in the countrey, we past all the night in making bon-fires and playing the good fellow.

Fy, fy: That Word doth very much trouble mee. This husband of mine, being sometime an Vni­versity man, and now a Grasier, promised that he would performe his good will to me every third yeare, and I kindly gave him thankes, not knowing that he would doe it but once every third yeare.

I am old, what canst thou looke for from mee? But come let us goe neere the Parliament doore, for there are great businesses to day concerning the Iudges.

What shall they be hang'd.

I know not, but they are in such danger, that as they say their breeches make buttons.

What shall we doe there? such matters are not fit for us; they are to high for our simple capacities.

Let us goe however; if we heare nothing, wee'l devise something, to make them wonder at in the Countrey.

Let us be as desirous to heare, since all flock thither let us hasten and ioyne our selves to their company. A common evill should be heard with common indignation.

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Goe on we willingly will bestow the paines.

The second Act.

We all will execute — but these things▪ passe from whence they came — you officers proceed.

Ho, Roderigo, bring for your prisoners

Who shall be brought first▪

Let them be brought in order, as they gave in their answers. Ignorance of order confoun­deth the forme of Iustice. wherefore let us first begin with the first; proceeding from the Iunior to the se­nior Iudges▪ as they have particularly offended, let them particularly receive their triall. They shall finde us farre more attentive and upright Iudges, then they have shewed themselves in the case of shipping.

Porter bring Claudius to the barre, hold up your hand Claudius: Thou art endited by the name of Claudius, that in Hilary terme 1637. Contrary so the peace of the common wealth, the liberty of the sub­iect, and the testimony of thy owne conscience, not having God before thine eyes, thou didst Traitorously, Maliciously and wickedly, give sentence for ship­money without evident necessity, due and payable to the King, in whose power it was solely to Judge of his necessity. Speake Claudius, art thou guilty of the crime for which thou standest indited.

I confesse I have been somewhat erroneous in mine office; but all men know I have continued in it but a short time▪ wherefore as my impeachments are the fewer, so I hope your censure wil be the more pro­pitious.

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This conduceth little to your defence; for if you had been in it longer, and governed that seat it is probable, your offences had beene multiplyed, it was your generall crime, and you must expect a generall punishment.

Ho, Chacon hire the servants; thou wilt have worke sufficient; here is a presse of fat Iudges comming; hah, hah, hah.

Claudius stand aside Roder, bring Cratippus to the barre: hold up thy hand Cratippus▪ Thou art indi­ted by the name of Cratippus, that in Hillary Terme 1637. thou didst contrary to the peace of the commonweale, the liberty of the subiect, and the testimony of thine owne con­science, traiterously, maliciously, and wickedly give sen­tence for ship-money, due and payable to the King without evident necessity, whereof the King hath had power solely to iudge, speake Cratippus art thou guilty of the crime for which thou art endited.

Hoe has an oxe in's mouth, as sayes the Pro­verbe, or a cup in his throate, he cannot speake a word.

O Cratippus, breake not thy silence, hold thy peace desist and blush. Nor would any thing have be­come you better if you had done so alwayes: but a pi­ous blush is an unwonted punishment for such offen­ders, we have heard that you were ever addicted to for­did lucre, pinching your selfe to augment you gaine. No uniust occasion of getting could passe you, where­fore there is no reason you should passe unpunisht. For whom have you in this company, whom in this honoured round that will rise up in your defence and vindicate your uniustice? on or none, you had one but much unlike you, your brother Hortensius, vvho religi­ously sate vvith you on the same bench, but differed [Page] from your affections; for his opinion in this case of Ship-mony was consonant to Curvus, Acililius. These two respected not Writs of ease, nor the thundring threats of that fugative Chrysomitris, they preferred the odour of a good name before titles of honour, which glory of fame he that neglecteth, is most cru­ell: wherefore although Hortensius be now dead, he hath left such a memory to posterity, that monu­ments of marble, brasse, and Ivory will sooner decay then his renowne amongst his Countrymen.

I deny not but that I am guilty, and desire the favour of this high Court; otherwise as our sen­tence was alike, let one boat carry us away together: I would speake more, but am hindered with the quinsie.

In reason they should possesse all Anticyra, our Ancesters judged a litle house to be a common­weale, but these have contracted the whole common­weale into their owne house, yea a litle corner of their house.

O the deplorable misery of wretched man!

These things deserve not a teare; I wil­lingly permit them to be mad: for see how deserved­ly Cratippus is punished; he hath sold his tongue so long for mony, that he hath not enough left to aske pardon for his life; hah, hah, hah.

Call Corticeus to the barre: hold up thy hand Corticeus, thou art indited by the name of Corticeus, for that in Hillarie Terme, Anno Dom. 1637. thou didst contrary to the peace of the Commonweale, the liberty of the subiect, and the testimony of thine owne conscience, not ha­ving God before thine eyes, trayterously, maliciously, and wickedly given sentence for Shipmony to be payd unto the King without evident necessity, whereof he had sole power [Page] to Iudge; speake Corticeus, art thou guilty of what thou standest indited.

Not guilty.

Thou art found guilty, helpe thee God.

Wee have much to say unto you Curticeus: you have eloquence sufficient, but wisedome too lit­tle. There was no man more readier to speake law, yea to wrest it, and like a nose of waxe compose it to any forme. But what availe these naturall parts, this happinesse of wit and genius? It is difficult to swim at first without helpe: you began to fly abroad like an unfledg'd Lapwing with your shell upon your head, In your Circuit especially in the Dutchey of Lancaster, at which time that worthy Gentleman Master Farring­don was Sheriffe, you exercised your tyrany, shewing, your loftinesse in all places, to your no small hatred for other sins waite upon evill workes that they may be done: but pride waiteth on good workes that they perish.

Hee that flowed with a thousand vertues, lost his happinesse through arrogance, other vices by the presence of God, only Pride opposeth it selfe against him. Yea, with what audaciousnesse and insolence did you maintaine this exploded case of Ship-mony, as if you onely had the Monopoly of wit and reason? wherefore as every one shewes himselfe more obsti­nate in a crime, the more severely is he to bee censu­red.

If Schisme deserve punishment, Heresy merits hell.

I call Heaven to witnesse, I should have li­ved and dyed in that opinion were I not contradicted by the Authority of this grave consistorie, for wee reade so many bookes, collections, statutes and An­nals that if we were licensed to argue, we could sup­port [Page] this our opinion with good reasons and conclu­sions.

Give place; we have already examined your reasons and arguments.

Of what use I marvell, is eloquence, when a man shall end his life in a string?

Ho Porter, where is Vigetius?

We have no such man.

But such an one we had, who easily assenting to his brother Corticeus opinion, never did sticke unto him in any thing, but in this sentence of Shipmony. Hee alwaies faigned himselfe not well if hee were to make an argument. And when he entred into it (ha­ving lost his reasons very happily in the street) no man ever offended with greater brevity: and in this onely he hath shewen himselfe wise, that he hath pre­vented our censure by death.

Wherefore it may be said

of him that hee was once Greene, and Flourished, he was descended from an ancient house, and for this was to be commended that he sought rather to keepe his ancient Patrimony then to encrease it.

Many men shew themselves wiser by dying then by living: hah, hah, hah.

In peace let him goe: bring Trivius to the barre, hold up your hand: Trivius, Thou art indited by the name of Trivius, that in Michaelmas Terme 1638. thou diddest contrary to the peace of the Commonweale, the liberty of the subiect, and the testimony of thine owne consci­ence, not having the feare of God before thy eyes, traitorous­ly, maliciously, and wickedly give sentence for Ship-money payable to the King without evident necessity, whereof hee himselfe was the sole Iudge. Speake Trivius, art thou guil­ty [Page] of the crime for which thou standest endited?

Why are you silent, will you be prest?

Hee hath prest many a rich widow, what if he be now prest himselfe: hah, hah, hah.

I have litle for the present to say in my de­fence.

Nor ever will you have more; be silent and heare: This is a man whom no Lawyer exceeded in riches, yet non is more ignorant in the lawes; hee is brought at last into publike, to make himselfe a Syno­noma to his name. For although there is no contending with Ghosts, yet we determine to portrait this snake, and deliniate this prodigy of men in his right co­lours, and with such brevity as may be least irkesome to the hearers.

Let us stand up and see their painted Gor­gons head.

This Trivius a true triviall Trivius, a man sa­tiated with widowes, but widowed of goodnesse, of of a strong & sinewy body rather then a witty and in­genuous heart, having good successe in his suits suck­ed more marrow from other mens relicts, then ever hee received by the poore practise of his profession. Hee speakes much with litle discretion, and having his braines in his tongue, will utter an ocean of words without the least drop of reason.

You have painted me to an haire, worthy Manilius, I confesse I am altogether ignorant of the lawes, and as blinde men are wont to doe, I easily subscribed to the opinion and iudgement of my bro­thers: wherefore my ignorance desires pardon, and cries that you should spare him whom God will spare as being an INNOCENT.

You devised a redier answer for me Trivi­us [Page] then any defence for your selfe: ignorance excu­seth a tanto, not a toto: you had a good example be­fore, namely Antrivius deceased, & sleeping in peace, who as his pen witnesses being sicke on his bed, would assent to no such opinion. But you adoring your mo­ney not only in the Image, but in the rust; preferred your drosse before your peace of conscience, where­fore as you have milkt your widowes, so let the ex­chequer milke you of all that you have.

Very good! the Goate must now be milkt. This Ignoramus paies the price of his Ignorance, one day takes away what many yeares have gathered; and the exchequer draines the fortunes of so many wives, hah, hah, hah.

Humaine affaires never succeede well where divine service is neglected.

Let Trivius bee taken away and kept close prisoner, least hee escape; and Roderigo keepe your hand close, lest by his stolen merchandize he procure his liberty.

To speake of you most honoured Curvus Acilius, your constancy and integrity hath with a beame of the Sunne described you a father of your country, the starre of the Court, and a true Son of ju­stice, and have left you a memory to posterity which shall never be extinguished by the injury of time or forgetfulnesse: for you have utterly conque­red all envy, and in this last date of your age have e­rected a statue in the Courts of the living, whereun­to no better Epitaph can be added, then Sacred to the memory of Curvus Acilius.

O how much doth this Trivius differ from Acilius? the one as hee singularly knew the lawes, so he rightly despensed them, the other neither dispen­sed them nor knew them.

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In this negligent and retchlesse age, vices like grasse in pits are wont to spring out mens lazi­nesse from whence wee finde it true, that evills are much more incurable in the old then in the young.

Yet if old men would more diligently mea­sure their houre as much as they are nearer death, they should live more uprightly. But now there is such corruption of life, that men doe never more love the earth, then when thy should leave it; never lesse regard heaven, then when they should goe thither: Hold my sides least I burst with laughter, young men grow old, and old men young; hah, hah, hah.

Bring forth Ioachimus.

He is departed his owne prison before he was commited to our custody.

He is dead, and is beholding unto death; for although he were a very subtile Lawyer, in his cun­ning and intricate arguments, and shewed himselfe a true Tytides, who wavering

this way and that, doubted whether to ioyne with Hector or Achilles, saying, whom to fly I know, whom to follow I know not; yet the more severely was he to be punished because hee was so industrious to dis­semble and corrupt the truth.

But the fates have taken him out of your hands; and by dying in time he prevented an untime­ly death.

Bring forth Hortensius.

He was never committed to our custody.

Thou saist true, Roderigo, he was a man of such unstained life▪ that hee shewed himselfe truly worthy both in life and death: wherefore the me­mory [Page] of so his iust and upright

a man is to bee lamented with perpetuall Elegye: for he de­servedly got the name of an honest Iudge and a poore studient: in which title he might glory more then in the Empire of the World.— Hee Conquered en­vie by his vertues, and won honour in his death.

With what pious sentences are good mens tombes to be engraven?

From hence proceede those Adagyes. E­very evill man is a foole, no evill man is happy. A wise man is every where at home: none but a foole can be banished.

He truely travelleth from home, my Democ. who enioyeth not himselfe.

Let him depart, and serve for a good exam­ple.

Call forth Antrivius.

He was called forth long since.

Where appeared he?

Where he arrived, he is far enough free from our our hands or manicles.

By what authority?

By the command of a crabbed and imperi­ous noble man, who having waited a while at the prison doore, swore he would enter, or breake off the hinges. He was of so fierce and terrible aspect, that I gave him way for feare; and as soone as I delivered my prisoner, he caught him by the haire and vanished

No man can resist an inevitable fate. But if that man had lived unto these dayes, his sentence had beene so upright in this dispute, that hee had beene freed and made an happie end of his long-wearied [Page] age. Let him sleepe in peace, as hee flourished in the light; and the more he flourished for being the lesse contentious in his cases.

Tis best to speake well of the dead; but if he had not beene so sickly of body, perchance he had not beene so sound in mind.

You say true Democritus; for sicknesse af­flicteth the body, but cureth the soule.

What mad men are those in the meane while, who being healthy in body, are diseased in their minde?

Sergeant, bring Damocles to the barre, hold up your hand: Damocles, Thou art indited by the name of Damocles that in Hilary Terme 1638. thou diddest contrary to the peace of the Commonweale, the liberty of the subiect, and the testimony of thine owne consci­ence, not having the feare of God before thy eyes, traitorous­ly, maliciously, and wickedly give sentence for Ship-money payable to the King, without evident necessity, whereof hee himselfe was the sole Iudge▪ Speake Damocles, art thou guil­ty of the crime for which thou art endited.

I confesse I am not altogether guilty nor in­nocent: for he that will exactly scan over my argu­ments: he shall finde me disagreeing from the opi­on of my brothers: for I did not possitively say that such a revenue was due; wherefore as our sentence was more moderate, so I hope your censure will bee more mild. Our arguments were defended and main­ed by divers good circumstances. Let it bee your goodnesse to favour my age, which long since had a discharge, and is now miserably tyred with cares and sorrowes.

O Damocles, you cannot so escape; notwith­standing your condition is deplorable: for in many [Page] causes you have got a good report: you never sold your breath, and if your clients cause were good and honest, you constantly pleaded it; yea, as we are in­formed, you have litle at home, but wants and debts abroad; from whence we esteeme your poverty, your iustice, these things may perchance procure your mi­tigation, but no absolute freedome.

O poore Iudge, will not thine indignity get thee off?

Hold your peace; this foole deserves the greatest punishment of all; for having flourished so many yeares amongst us, & having so many occasions of gaine as baits hanging before him, like an ill cooke, he could not so much as lick his fingers; hah, hah, hah.

Wee have sufficiently scoured this Lernean lake, let us now proceede unto other rankes; and I feare we shall finde as many snakes in other dens. But that wee may the better clense these Augean stables, and there may be no roome for impudence or igno­rance: as for Gliciscus, who held the place of a cipher having little learning and lesse law, as hee was clocke keeper to the Iudges, so we doome him to the keep­ing of a clock-hoase. Hee hath little understanding, & therfore should the more gently be dealt withall.

With what an asses eare he hearkens to it.

Does it please you that wee shall proceede unto others?

By all meanes, that they may bee ioyned in their punishment, as they were linckt together in the crime.

Ho, sir Knight of the blacke rod, bring forth Chrysomitris.

He hath made an escape.

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Wither I pray?

He is fled into another Countrey, and hath left his nest lest he should be taken in it; and ever since that time they say he hath rousted in France.

O what madnesse possessed him, how lively doth that saving point out Chrysomitris, that evill coun­sell is still worse to the Counsellour.

Leaving now his consultar dignity it is said he followeth the warres, and that lately upon an in­jury offered him hee disarmed his enemy, shewing himselfe as able a souldier as an eloquent Rhetori­cian.

How many excellent guifts hath nature be­stowed on him; which if they had beene seasoned with humility and grace, they had made him com­pleatly famous. But to proud men no burthen is more dangerous then honour: they so easily change their conditions, that they wil not know their friends and acquaintance. These tumours of the world prick on their mindes with such a strange kind of fury, that they make themselves hated by their familiers and o­thers: wherefore an office is best aquired by a Ma­gistrate; nor is it better bestowed on any then on him who seekes it not at all, or very coldly. This he well advised who said: let it bee given to him that denies it, and denyed to him that excepts it. But long let this Chrysomitris nest in a forreigne nation before hee be recalled. We have enough of such saluters alrea­dy: wee have too tenderly cherished such ominous birds; let them leave our coasts and returne no more least they destroy the mother that nourished them. But that wee may comprise all in one, and never did any man shew himselfe more ingratefull then this

For notwithstanding his infinite en­gagements, [Page] he imputed his crimes unto his Prince; whereas a constant and resolute minde would sooner endured a thousand deaths, yea (like that heroicke spirit that lately suffered) would with a chearefull looke retort the threats of inexorable fate, then cast the least aspersion upon a Prince so well deser­ving. But let him passe with his eloquence, then whom never was Judge more uniust, never a Lord keeper more corrupt nor more poore, no Soli­citer more impure and more importunate: In the meane while lest wee bee reckoned in their number who have eloquent tongues, but corrupt hearts, let us discourse of every thing propounded unto us not so curiously as faithfully and discreetly, not so ex­actly as iustly and rightfully.

O miserable happinesse! splendid servitude! he hath lost his fame, fortune, voyce, countenance, nest and nation in the twinkling of an eye.

O the snowey balles of honour, apt to bee resolved with the least intemperate heate of mind. But what is he who walketh with such stately and haughty gesture?

He is one that had an excellent opinion in the common-weale before had his office; but when he had gotten it no man more unhappily lost it. His advancement so much changed his disposition. In summe he was a good Lawer, a bad Judge.

Call Brundusius to the barre. Hold up thy hand Brundusius, Thou art indited by the name of Brundusius, that in Trinity Terme. 1638. Thou didst against the peace of the common weale, the liberty of the Subiect, and the tes­timony of thine owne conscience: not having God before thine eyes traiterously, and wickedly given sentence for ship-money, to be payd to our Lord the King, without evident necessity, [Page] whereof it was in his sole power to Iudge. Speake Brundusius art thou guilty of the crime whereof thou art endited.

Master Speaker I pray give mee leave a litle, for this Brundunsius is more strictly to be handled. This I will confidently averre, that no man hath de­served worse, of the Common-weale: when all men esteemed him the maine defendor of Iustice, he ex­pressed himselfe her most vowed enimy, to the re­proach of his name, and corruption of his conscience. Hee saw and fell with open eyes: he knew the right and did the wrong; and therfore his ruine is deser­ved. For if he had beene ignorant of the lawes, as Trivius, he might have had some colour of excuse, but to give sentence against the most certaine rule, of his owne knowledge, O prodigie!

I ingeniously confesse, and no lesse desire best of favour, that partly by the threats, partly by the flatteries of Chrisomitris, I gave that unheard of sentence of ship-money. For Chrysomitris, who as you know had a most fortunate art in the way of perswati­on, told mee that unlesse I gave that judgement for the King, I should loose mine honour: and suffer a writ of Ease to my extreme disgrace.

O the follys of aged avarice! Should you pre­ferre Writs of ease before ease of Conscience? should you bee the more prone, unto the earth, by how much you are neerer to your ends? to have one foot in the grave, and a mind coveting the world? O if you would consider how litle would suffice nature, & of that lit­tle, how small a portion would content old age, your care for earthly things would be abated, and your de­sires would be wholy fixed upon heaven, for you who were so eminent in the studies of the Law, are most severely to bee punished, especially having so cleare, [Page] so excellent a mirrour as Curvus Acilius, a man of extreme age, but a vigourous minde, an inviolate conscience. Him you had for an example; but (although your steps were Curva vestigia) refusing to follow Curvus, you have turned the right into oblique, you know you well knew (to the aggravation of your censure, those golden sentences of Periander, most worthy your memory, that nothing must be done for moneys sake, and that favour is an enemy to Iudge­ment. For Iudgement faileth where it becomes matter of affection. Too much love and too much hatred pervert the truth. Nor did Ioachimus lately deceased deserve any lesse; but by paying his debt to nature, the destinies have made him their perpetuall debtor. For though hee were intricall and knotty in his arguments, yet this Oedipus with his riddles, the Fates had not prevented, had in­volved himselfe in a Gregorian knot.

Its shamefull for an old man to play the knave, hah, hah, hah.

And this for the most part happens when old men place their happinesse upon earth.

But let us withdraw, that with more mature counsell we may proportion our sentence to every mans offence.

Whether flocke these presse of women?

Thou mayst easily coniecture by their habits: they are citizens wives, delicate ducks, who come hither to heare Iudgment past upon the Iudges.

Alas can their tender eares heare these things without teares.

Thinke you all are composed of your tendernes? you are far out; these are women of a more coragious spi­rit: For they can with dry eyes or at lest counterfeitly wet, bid farwell to their husbands iourneying to the nether [Page] world; yea they can see them laid in their graves with a sower looke, but a merry heart, and before the funerall tapers are extinguished, entertaine new fires in their minds.

But I wonder why they they come here more this day then on any other.

Know you not the cause? the former were dayes of examination, but this of finall judgement, & you know women do alwaies love execution more then iudgement.

I will go in, for if Capreolus the Courtier sit in the house I am certaine hee will soone give me entrance as I have often given unto him.

Pish, pish, my litle mouse, my hony, what wilt thou doe in the Court.

What will I doe in the Court? hold you peace Arietus, hold your peace Cornelius: you and I are not friends if I have not not a standing in the Court.

In good troth you shall not have a standing with the Courtier in his owne place.

But I have had and will have, my small friend if you anger me.

God forbid my cony, that such a blot should bee cast upon my family, such a marke upon my forehead.

Why so? doe you thinke your selfe the first man of the row.

By no meanes, yet I would not willingly weare my night-cap after the new city fashion, with broad eares, nor sleepe with my pillow stuft with shavings of horne.

Let not this trouble you, you may sooner foresee your fortune then prevent it, if such ensignes be your de­stiny, withstand it not; it is vaine to strive against your de­stiny.

O headstrong licentiousnes! am not I descended of the Arietarian stock, the most ancient Cornelian family of the citie?

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What then, there is no family so worshipfull but it is subiect to this fate. But I pray what availe these tri­fles? ho, Titillus, Titillus.

What would you have with Titillus, that lacivi­ous Courtier.

That I may have entrance the sooner.

It will be hardly granted, in these publique assem­blies there is no place for women.

Why not for women? as if wee were not capeable enough! they shall finde, yea they know that we are capable. I will get up where I may bertter see and heare.

What wouldest thou see and heare? whether my cony doth thy minde carry thee?

I greatly desire to see the Iudges, for they say (and I would know the truth) that they have no more beard up­on their chins, then an ape hath taile.

They will appeare subtle enough without haire: but they are shaven that they may seeme the more terri­ble in their places.

I like these young men with soft downy chins. I love not these old men whose haire is like prickly bristles, what are these.

The Iudges whom thou so much longest to see.

Alas what cold husbands would they make, they have perpetuall I sickles upon their beards.

Hold thy peace my Leveret; since thou art come hither and gotten into a place, heare what will become of them.

Let them be hang'd, it shall never trouble mee. I scarcely thinke they are of the masculine gender. They are neutralls, traiterous beasts, enemyes of generation. Let them perish with their Iudgements.

Holy my sweet duck, least thou be noted.

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Pish, they are blind and deafe, and can neither see nor heare me, they.

Act the third.

Ho, Rodorigo, bring forth your Prosoners.

What ague fits they have gotten, hah, hah, hah.

Stand forth, stand forth, Sir Iudges of a mise­rable condition. You have not denyed but that you are guilty of the crime for which you are indited; Nor can you produce any defence of your desperate cause, which is worthy our hearing: you know, you wel know that a Iudg is to be iudged in none of those things, which he is provi­ded to iudge in another. In which, I say, how wretchedly have you erred? For you were Iudges, & censurers of the selfe same crime, whereof you were the Authors. For a Iudge to take a bribe, was a capitall thing; But if so great & so heavy a sentence was pronouced for one fault, & that extending but to a particular subiect, what punishment must be inflicted on them, who have beene so iniurous to the subiects, of a whole flourishing Iland; by making the Prince suspicious of his subiects: the Subiects of their Prince; by declaring new opinions against the evident te­stimonys of their consciences; by perturbing the Halcyon days of a peacefull king, & an obedient state; yea by bring­ing all according to their power, into flames and ashes; If such a fire whereof you were the true Incendiarys, do not deserve death, what it better deserveth I cannot tell. The law was first ordained to be a publike benefit; but by you it [Page] is made the very plague of the common weale; You have all very well acted the part of Midas: Being Commissaryes of trust between Prince & people, which you should not violate for threatnings, friends, entreaties nor rewards; you being intised by the bayle of avarice, or strucken with a Panick feare, have left Iustice naked; & wretchedly negle­cted your consciences, which testified against you. And so through lucre or terrour, being blinded in your under­standing, you have provided your selves true ministers of Midas.

Mercy, mercy, most renowned Gentle­men?

Hey day, they are enforced to use their necke verse which the so often put others unto: Lord have mercy upon you.

With the same measure that you measure to o­thers shall it be measured to you againe.

Alas they will not have the least hope, if they have the same recompense of measure.

Observe & heare what I shall say: I beleeve that in leasure houres, you have read how the Germanes having been rather conquered then subiect by their good leading of Drusus, assoone as hee was dead, trusting upon their strength began to hate the lust & insolence of varus Quin­ctilius, and how easily they became victors. Which short conflict being ended, like Barbarians as they were, they shewed themselves most savage, & tirranous conquerours: Nor in that extreame cruelty, did they shew themselves more implacable towards any condition, then to men of the cōsulare dignity, thinking that through their eloquent & vendible tongues, the Romanes had first beleagued them, & brought thē to that calamity. Varus prosecuts them with the same mind & fate of Paulus at Cannae, never was greater slaughter in fields & woods, never more intolerable insulta­tiō, [Page] but especially towards those that pleaded causes. Some of their eyes pulled out, others hands cut off, one's mouth they sewed up, first cutting out his tongue, which a Bar­barian holding in his hand said, at length; viper desist from hissing, you should likewise call to mind Manius Acilius; that unsatisfied gulfe of briberie, & principall Embassadour of the Romans, whom Mithridates with great cōtempt, com­pelled to ride upon an asse, untill he came unto Pergamus, where he commanded Elixar of gold to be thrust into his mouth, intimating that the Romans were to much given to briberys, & had tongues, too eloquent in evil speaking. Alexander Severus the greatest enemy of flatterers, commanded that Turinus one of his courtiers; should bee tyed to a stake in the market place, and smother'd to death with smoke, having a cryer proclaiming by him. Let him perish with smoke, that sold smoke: For it is better (to use Antisthenes words) to fall amongst crowes, then Parasites; a­mongst crowes to be devoured dead, then amongst Para­sites to be devoured living. Therfore it wil be an argument of wisdome, for us to deale with you, who hath brought such plagues upon the common-weale, & disturbed our peace by your slanderous iudgements, as Philip King of Macedon, did with two of his subiects, men of vile conditi­ons; he cōmanded one to fly from Macedon, & the other to follow him, which being done, his country was purged of such noxious sicophants: both departed but neitheir of them returned.

It is the part of goodnesse, to save when it may de­stroy, rather then to destroy when it might have spared.

He that spareth the evill, hurteth the good: listen now to your utmost sentence. As you have made the laws like spiders webs, & have tossed this common-weale like a poore barke, with the stormes & winds of your opinions, you shal have no residence within this Iland: get you ther­fore [Page] packing. For this is your definitive censure to those fortunate Ilands, which are called the Irish sands. For there if you are poisonous you cannot live long but if you resolve to chang your conditions aswell as your haire, you shall in those Ilands have a temperate ayre, and so wholsome for your bodys, that you will scarcely die, unlesse the world be so loathsome to you, or you unto the world! that you would wish rather to die then live, yea you shall have so much time given you through the temperatenesse of the aire, that your ensuing hours may redeem, what you have formerly spent amisse. This sentence is irrevocable; make no delays, we have provided you a ship but without cable, sterne, sayle yard or anchors, the (fatall semblance of your government,) to be known by these characters.

It is as evill to saile in old age, as is in the winter.

There is no punishment grievous where there is so much company.

Soone let them goe but never returne. Now raise the Court, the old men have their doome Let Iustice sit here in the iudges roome.

Act the fourth.

Speak Master Prinner, for your whole flocke; for you are the oracle of our conventicle.

Hah, hah, hah, Ogregious flocke of sheep', a drove of asses.— now hell hath opened his mouth, corne out you generation of vipers.

Speake Master Prinner speake.

Know all men by these presents, dearley beloved [Page] men and brethren, that of us who maintaine the truth compassionate the blindnes of the times, burne in zeale of heart, and contend for the reformation of religion, three things are principally required.

What sport will this lunaticke correctour of religion, make us? hah, hah, hah.

First that there be no order in the Church: se­condly, that all rites cerimonies, preistly garments, In­struments of Musicke be abolished in the Church. Third­ly, that there be no forme of common prayer.

O how these doting fellowes, would make the Church to be headlesse.

Peace, and heare. Lord, with what pricked up eares these round heads harken to their oratour Prinner and admire in hearing him.

But if it seeme good to your wisdome, that the Church should have such degrees of higher and lower, we will have the Governours to be lay Elders. To which dig­nity, wee thinke non more fit, nor generally able to bee chosen, then our venerable brethren, the cobler, the bas­ket maker; and button maker, (whom although that De­micaster maker in Greens rents contended with, yet he ea­sily excelled in efficacy of doctrine and won the victory) being men of meane learning, but wonderfully inspired. But chiefely wee will, that you command Francis Helioke, henceforth to distinguish that Apochryphall name of Bishop, with an asteriske, amongst the absolete words to perpetuall remembrance. But as for the first Article of our complaint; as we would have no order in the church, so (to come unto the 2. we abhorre all rites and ceremo­nys; because whatsoever is ancient we iudge to be untrue, we disallow Priestly ornaments as well in the Presbytery, as lawne sleeves in a Bishop; we esteeme the Surplesse as the smocke of the whore of Babylon, and the cope as Aegyp­tian [Page] embroydery: These Idolatrous Priests in their lin­nen appeare to us like Ghosts comming out of a Church yard. As for instruments of musick we esteeme them as prophane Babalonish tabers, yea wee cannot truly love our owne members because they are called organs.

These fellowes should rather be sent to Bride­well, then the reformation of Religion.

As for the third article of our complaint: we will have no forme of common prayer: no not the Lords Prayer; for it shewes a diffidence of the Spirit: where­fore we neither will have praying nor preaching Mini­sters to be provided, but to speake extempore, that they may expresse the efficacy of the spirit: Turners Creede and his glosse concerning the communion of the Saints, we very well appove: and to comprehend all in generall. Whatsoever is new so it be ours we like, whatsoever is an­cient though it be confirmed by a thousand counsells we reiect.

Heare ye mad men, that old but fatall Rime which we once heard in Brytany.

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Parle we have heard your complaints, men and brethren with that greater attention, then they have de­merited. As for Bishops we have left them but a dead and naked name, but we thought it fitter to cut off their vices then their offices. Desist at length from your dotages; whatsoever may commodiously be done, & may be con­venient to the peace of the Church; that you must espe­cially provide for. If not the beames or at least the motes must be removed from your darkened eyes. They have no charity in them, who love not the unanimity of the Church; goe, get you home, and follow your busi­nesse. Let it bee our parts to take care for the common good of our Prince, people and Countrey.