were but a show of tenderness then surely there was more wilfulness in his offense "; his fault was aggravated by his profession. "It is an honorable profession," said the worthy Bishop, " and as it is a great offense in a divine to infringe the law of the king dom wherein he is born and bred up, so it is also a great offense if those of the pro fession of the law vilify the poor laws of the church. Thus much let me say to Mr. Sherfield, and such of his profession as slight the ecclesiastical laws and persons, that there was a time when churchmen were as great in this kingdom as you are now; and let me be bold to prophecy that there will be a time when you are as low as the church is now, if you go on thus to contemn the church . . . As for my sentence I agree with my Lord Cottington." Lord Wentworth said: "Men now in these days make themselves wiser than their teachers . . . Uzzah touched the ark with a good intention : but because he did this without warrant he was secretly punished. It is not for a divine to meddle with Littleton's Tenures, nor a lawyer with divinity, to govern matters in the church." He thought the matter required such a penalty as should be an example to others, and said : " I shall not, therefore, go any thing less than any of my Lords here before me have done." He was in favor of de priving Sherfield of his office, binding him to his good behavior, putting him to a pub lic acknowledgment " in both churches," and a fine of £1000. Viscount Falkland and the Earl of Devon shire agreed with Lord Cottington. Viscount Wimbleton agreed with Lord Heath. The Earl of Dorset said he conceived that the Attorney - General was much to be blamed, and if the court legally took notice of a prosecution where the King was a party, he should give his vote to fine him. "He hath here made a great noise of ter rible things . . . but hath not endeavored
to prove njany of them." He said that if the window had been removed by proper authority it would have been a worthy act. "If all unlawful pictures and images were utterly taken out of the churches I think it were a good work, for at the best they are but vanities and teachers of lies ... I note the mind wherewith it was done, and it was out of a little too much zeal; his conscience was tender. This, if it had been guided well, would have been worthy of praise." He considered the circumstance of Sherfield's having done the work "pri vately and without noise" to be a "diminu tion of his fault, for secret evils are not so bad as when they are openly done; the same evils done in chambers are not so bad as if they" were done in the market-place ... I shall not sentence him for three or four Papists, nor shall I forbear to sentence him for three or four Schismatics. The reason why I shall not sentence him is to avoid the tumults of the rude, ignorant people in the countries where this gentle man dwelleth, where he hath been a good governor, as hath been testified, and is well known, and no doubt hath punished drunk enness and other disorders. And then such persons shall rejoice and triumph against him, and say: 'This you have for your severe government.' This, I think, would be no good reward for his care. The reason why I shall sentence him is because he hath erred in his manner of doing this thing, in going on his own head without the ordinary, to a work of this nature . . . I would not have him to lose his place therefore, nor to be bound to the good be havior; I would, notwithstanding, have him make such acknowledgement to the Bishop, and in such manner as he shall think fit; but I do not set any fine upon him." The Earl of Arundel found fault with the defendant for having borne his "offense of conscience, which he said he had at this window by the space of twenty years to gether," and said he should have revealed
