Angely Gergeau Sancerre and Saumur which were all the Cautionary Places which the Reformed had upon the Loire and also Suilly Merac and Caumont King James that he might as much appear for the Reformed as he had done for his Son-in-law sent Sir Edward Herbert after Baron Herbert of Cherberry his Ambassadour into France to mediate a Peace between the King and the Reformed and in Case of Refusal to use Menaces which Sir Edward bravely performed to Luynes and after to the French King himself which being misrepresented to King James Sir Edward was recalled and the Earl of Carlisle was sent Ambassadour into France in his room and the Earl finding the Truth to be otherwise than was represented by Luynes acquainted the King with it Hereupon Sir Edward kneeled to the King and humbly besought him that since the Business between Luynes and him was become publick that a Trumpeter if not an Herald on Sir Edward's Part might be sent to Luynes to tell him That he had made a false Relation to the King of the Passages between them and that Sir Edward would demand Reasons of him with Sword in Hand on that Point but the King was not pleased to grant it and here began the Downfal of the Power of the Reformed in France and the Rise of the French Grandeur by Land In this rotten and teachy State of Affairs before the Meeting of the Parliament the King issued out a Proclamation of which he was as prodigal as bountiful to his Favourites forbidding Men to talk of State-Affairs as if his Favourite Buckingham who governed all was so mindful of them nor was the King less jealous of the Parliament's meddling with State-Affairs than of the Peoples talking of them out of Parliament so that the King upon the opening of the Parliament the 30th of January told them of the Constituting Parts of a Parliament and how it was twelve Years since he had received any Aids from Parliaments and how that though he had prosecuted a Treaty of Marriage between the Prince and Infanta of Spain which if it were not for the Benefit of the Established Religion in England and of the Reformed abroad he was not worthy to be their King and though he had refused to assist his Son-in-law in his Election to the Kingdom of Bohemia being a matter of Religion contrary to what he had wrote against the Jesuits yet that he could not sit still and see the Patrimony of his Children torn from them by the Emperor and therefore was resolved to raise an Army next Summer and that he would engage his Crown his Blood and Soul for the Recovery of the Palatinate And having before told the Commons of their Duty to petition the King and acquaint him with their Grievances but not to meddle with his Prerogative he after tells them that who shall hasten after Grievances and desire to make himself popular has the Spirit of Satan The Parliament notwithstanding the violation of their Privileges the last Parliament by the King 's imprisoning their Members yet being zealous to assist the King against the Emperor and King of Spain in favour of the Palsgrave and though the Nation at no time before so much abounded in Corruption and Grievances yet to humour the King inverted the Methods of Proceedings in Parliament and the Commons granted the King two entire Subsidies and the Clergy three before they entred upon Grievances which so pleased the King that in a Speech in the House of Lords he declared it was more acceptable to him than Millions it shewing he reigned in the Love and Affections of his Subjects but he did not long hold in this Mind At this Sessions of Parliament if it may be called so no Act but that of the Subsidies passing Sir Giles Mompesson and Sir Francis Michel were sentenced and degraded for erecting new Inns and Ale-houses and exacting great Sums of Money by pretence of Letters Patents granted for that purpose Sir Giles fled and so escaped a farther Punishment but Sir Francis was condemned to perpetual Imprisonment in Finsbury Goal Sir Francis Bacon Viscount Verulam and Lord Chancellor was likewise censured deposed fined and committed Prisoner to the Tower for Bribery and Bacon's Fall was Doctor Williams's Rise Dean of Westminster to be Lord Keeper of the Great Seal But the Commons debating the Growth of Popery and the dangerous Consequences of the Spanish Match contrary to the King's Speech and Inclinations he upon the Fourth of June which the Commons took to be an Invasion upon their Privileges by Commission adjourned them to the 14th of November and by a Proclamation forbid the talking of State-Affairs In this recess the Spaniards took Stein in the lower Palatinate and the Duke of Bavaria all the Upper Palatinate and the Arms of Lewis prevailed more upon the Reformed in France yet none of these prevailed upon the King further than to mediate a Suspension of Arms in order to treat an Accommodation between the Emperor and his Son-in-law and the French King and the Reformed which had no other Effect but to make the King contemptible in Germany as well as France his Power and Authority being bounded up only in Words and Messages which the King's ill-Willers blazing abroad cost the King more than would have recovered the Palatinate However the King abated nothing of his Pleasure and dissolute Life but according to the usual Methods of his Life in the Autumn went to New-Market to divert himself with Hunting from the trouble of Affairs either foreign or domestick leaving his Favourite Buckingham Dictator of all his Affairs when the Parliament met again But how remiss soever the King was of his Affairs the Commons were not perhaps heated by their Adjournment and alarmed at the Progress of Lewis against the Reformed in France and of the Emperor and King of Spain not only in the Palatinate but all over the Empire against the Protestants and also with the Liberty which the Popish Party took upon the hopes they conceived would accrue to them by the Spanish Match still as fervently pursued by the King and Prince as ever the King being encouraged hereto by the Earl of Bristol the King's Ambassador in Spain but more by the Spanish Ambassador Gundamor here A Person as Nâ—ni observes who with a stupendous Acuteness of Wit so confounded pleasant things with serious that it was not easy to be discerned when he spoke of Business and when he rallied he had so insinuated himself into the Mind of the King that he need not take any further care of restoring his Son-in-law to the Palatinate but by Prince Charles his marrying with the Infanta the Treaty whereof now is 8 Years old being brought to Maturity and Perfection so soon as the Pope should grant a Dispensation The House of Commons hereupon being ill satisfied with the Distribution of the Subsidies before granted to the King resolve to proceed upon Grievance before they granted more Supplies and to that end drew up
a long and particular Remonstrance which you may read at large in Mr. Rushworth's Collections fol. 40 41 42. setting forth the dangerous State of the Nation and of Christendom by the Alliances of the Pope and Popish Princes especially the King of Spain chief of the League and what dismal Consequences would follow by the Marriage of the Prince with the Infanta c. yet resolve to grant the King another Subsidy for carrying on the War for the Recovery of the Palatinate but withal humbly desired his Majesty to pass such Bills as shall be prepared for his Honour and the general Good of his People accompanied with a general Pardon as is usual concluding with their daily Prayers to the Almighty the great King of Kings for a Blessing upon their Endeavours and for his Majesty's long and happy Reign over them and for his Childrens Children after him for many and many Generations The Noise of this Remonstrance so disturbed the King in his Pleasures at New-market which all his Cares for the Preservation of his Son-in-law's Patrimony could not do that upon the 3d of December he wrote to Sir Thomas Richardson Speaker of the House of Commons this Letter which because of the Rarity of it by any King of England to his Parliament before we will give verbatim Mr. Speaker WE have heard by divers Reports to Our great Grief that Our distance from the Houses of Parliament caused by our Indisposition of Health hath imboldned the fiery and popular Spirits of some of the Commons to argue and debate publickly of Matters far above their Reach and Capacity tending to Our high Dishonour and breach of Prerogative Royal. These are therefore to command you to make known in Our Name unto the House that none therein from henceforth do meddle with any thing concerning Our Government and deep Matters of State and namely not to deal with Our dear Son's Match with the Daughter of Spain nor to touch the Honour of that King or any other of Our Friends and Confederates and also not to meddle with any Man's Particulars which have their due Motion in any of Our ordinary Courts of Justice And whereas We hear they have sent a Message to Sir Edwin Sandys to know the Reasons of his late Restraint you shall in Our Name resolve them that it is not for any Misdemeanor of his in Parliament but to put them out of doubt of any Question of that nature that may arise among them hereafter you shall resolve them in our Name that We think our self very free and able to punish any Man's Misdemeanors in Parliament as well during their Sitting as after which We mean not to spare hereafter upon any Occasion of any Man 's insolent Behaviour there that shall be ministred unto Vs And if they have already touched any of these Points which We have forbidden in any Petition of their which is to be sent to Vs it is Our Pleasure that you tell them That except they reform it before it comes to our Hands We will not deign the Hearing nor Answering of it The Commons having a publick Trust reposed in them and truly apprehensive of the dangerous State of the Protestants in Christendom as well as of the Kingdom and that not only the King's remisness in taking care of both but the Designs he prosecuted were equally dangerous to both in a most humble and supplicant Remonstrance represent to the King his recommendation of the Affairs of the Palatinate to them and the dangerous State of Christendom in discourse whereof they did not assume to themselves any Power to determine of any part thereof nor intend to encroach or intrude upon the Sacred Bounds of his Royal Authority to whom and to whom only they do acknowledg it does belong to resolve of Peace and War and of the Marriage of the most noble Prince his Son but as his most loyal and humble Subjects do represent these things to his Majesty which otherwise could not so clearly come to his Knowledg c. They beseech his Majesty that they may not undeservedly suffer by the Misinformation of partial and uncertain Reports which are ever unfaithful Intelligencers and not give Credit to private Reports against all or any of their Members whom the House hath not censured until his Majesty hath been truly informed from themselves that they may stand upright in his Majesty's Grace and good Opinion than which no worldly Consideration can be dearer to them c. Which you may read at large in Mr. Rushworth's Collections Fol. 44 45 46. The King having cast the Sheet-Anchor of all his Hopes upon the Spanish Match whereby he should not only re-establish his Son-in-law in the Palatinate and get more Money than he could hope for in Parliament furled all his Sails and resolved to ride out this Storm of the Commons notwithstanding his Pleasures and Indisposition of Health in a long Invective against them in a Scotisâ— Dialect which you may read at large in Rushworth's Collections the Heads whereof were 1. That he must repeat the Words of Queen Elizabeth to aâ— insolent Proposition made by a Polonian Ambassador Legatuâ— expectabamus Heraldum accepimus that he had great Reason to have expected better from them for the 37 Monopolies and Patents called in by him since the last Recess and for the three whereof Mompesson and Michel were censured but of these he heard no news but on the contrary Complaints of Religion tacitely implying his ill Government 2. That the taxing him with trusting to uncertain Reports and partial Informations concerning their Proceedings was needless being an old and experienced King and in his Conscience the freest of any King alive from hearing or trusting to idle Reports That in the Body of their Petition they usurp upon his Prerogative Royal and meddle with things far above their Reach and then protest to the contrary as if a Robber should take away Man 's Purse and then protest he meant not to rob him 3. That his Recommendation of the War for regaining the Palatinate was no other than if it could not be recovered otherwise which can be no Inference that he must denounce War against the King of Spain break his dearest Son's Match and match him to one of our Religion which is all one as if we should tell Merchant we had great need to borrow Money of him for raising an Army and that thereupon it should follow that we were bound to follow his Advice in the Direction of the War That this Plenâ—potency of theirs invests them with all Power upon Earth lacking nothing but the Pope's to have the Keys both of Heaven and Purgatory That it was like the Puritans in Scotland to bring all Causes within their Jurisdiction or like Bellarmine's distinction of the Pope's Power over Kings in ordine ad Spiritualia whereby he gives them all temporal Jurisdiction over them 4. That he expected the Commons would have given him Thanks for the long maintaining a setled
former Propositions Hereupon D'Efsiat to have further Instructions from the Duke entred into a new Treaty with the Merchants and like a French Merchant got Letters to be sent into England that the Peace was concluded with those of the Religion in France and that within 14 Days the War should break out in Italy with a Design upon Genoua a matter of great Importance against the Spaniard Hereupon the Duke procured the King to write a Letter to Pennington dated July 28. to this effect HIS Majesty did thereby charge and command Captain Pennington without delay to put his Highness's former Command in Execution for consigning the Vaunt-Guard into the hands of the Marquiss D'Efsiat for the French with all her Furniture assuring her Officers his Majesty would provide for their Indemnity And to require the other seven Ships in his Majesty's Name to put themselves into the Service of the French King according to the Promise his Majesty had made to him And in case of Backwardness or Refusal commanding him to use all forcible means to compel them even to sinking with a Charge not to fail and this Letter to be his Warrant This Letter was deliver'd to Pennington in the Beginning of August by Captain Wilbraham Hereupon Pennington went back out of the Downs carrying with him the said Letters and certain Instructions in Writing from the Duke to his Secretary Nicholas And about the time Pennington returned to Diep Nicholas threatned the Captains of the Ships and told them it was as much as their Lives were worth if they deliver'd not up their Ships to the French whereupon some of them would have come away and left their Ships and fled into Holland Upon Pennington's coming to Diep he delivered the Van-Guard absolutely into the French Power to be employed as they pleased and acquainted the rest of the Captains with the King's Command that they should likewise put their Ships into the French Power which they all refused to do unless they might have good Security for the Delivery of their Ships or Satisfaction for them Hereupon Pennington went on Shore and spoke with D'Efsiat and upon his Return told the Captains they must rely upon the Security peraffetted in England whereupon the Captains weighed Anchor and prepared to be gone upon which Captain Pennington shot at them and forced them all to come to an Anchor again except the brave Sir Ferdinando Gorge in the Neptune more brave in running away from this abominable Action than charging into the midst of an Enemy When the Captains came a-shore they spoke with Mr. Nicholas who enforced them to come to a new Agreement which you may read in Rushworth fol. 335. and to deliver up their Ships into the French Power but not one of them would take the French Pay in the Expedition but one Gunner who was at his Return kill'd in charging of a Cannon not well spunged by him and the Duke's Secretary Nicholas had a Diamond Ring and a Hat-band set with Diamond-Sparks given him by the French Ambassador for his pains taken in this noble Employment This was the second noble Design of this grand Minister of State Buckingham whilst King James lay unburied we will now proceed to the third wherein you 'll see how well Richlieu requited Buckingham's Service in accommodating the French with a Fleet to subdue the Rochellers Tho the Duke did not personally manage the Treaty of the French Marriage at Paris as he did the Spanish at Madrid for the Reasons aforesaid yet none but he now the whole Treaty was consummate and so firmly performed on the English part must fetch the Queen to the King and when all the mighty Preparations for the Magnificence of this mighty Duke were compleated away he hies to Paris where he arrived the 24th of May and there he staid the full term of seven Days wherein he performed more wonderful Exploits than he had done in so many Months before at Madrid And these we will take from the noble Nani who was out of the Reach of Buckingham's Envy or Flattery of the English Court and as near as I can in his own Words Anno 1625. fol. 221 222. Buckingham being in France to carry back Charles's Bride it seemed that in the free Conversations of that Court he had taken the Boldness to discover something of his Inclination to the Queen whilst the Cardinal was inflamed with the same Passion or rather feigned to be so with Aversion in her who with Vertue equal to the Nobleness of Blood equally despised the Vanity of the one and abhorred the Artifices of the other I think Nani herein was mistaken as will soon appear Whereupon the Factions arising among the Ladies of the Court were not so secret but the King was obliged to make a Noise and banish some but the Contention between the two Favourites was for Power and Richlieu who by reason of the Favour of the King in his own Kingdom prevailed in Authority procured Buckingham many Mortifications and Disgusts The other was no sooner arrived at London with the Bride but to make a shew of Power not inferiour by ill using her thought to revenge himself The Catholick Religion served for a Pretext whilst the Family brought out of France according to Contract of Marriage practised it whence Disgusts brake forth to such a degree that the Minds of the Spouses being alienated and Affections between the Crowns themselves disturbed it looked as if Discord had been the Bride-maid at that Wedding You 'll hear more of this hereafter It 's observable when Humour not Counsel governs Actions how it runs into the contrary Extreams King James in Confidence of being supplied of all his Wants by the Spanish Match in great Displeasure broke up the Parliament in the 18th Year of his Reign and imprisoned many of the Members for presuming to advise him against it and this King expected the Parliament should make good all the Duke's Extravagancies for the Tale which the Duke told in Parliament the 21 Jac. for breaking off the Spanish Match when he kept back the Earl of Bristol as you heard before from making his Defence and proving the contrary of what Buckingham had told And so confidently was the King possessed that that Parliament continued in the same Mood that I have heard one of Sir Coke's Sons say that tho when King Charles came to the Crown Sir Edward would have waited upon him in Testimony of his Duty and Service the King would not admit him into his Presence yet the King sent to know of him whether he might continue this Parliament notwithstanding the King's Death which Sir Edward said could not be for that upon the King's Death the Dissolution followed yet upon the Election not ten of the old surviving Members but were chosen again This Parliament met upon the 18th of June 1625. where the King laid open to them that the Business he called them for was that whereas they had advised him to break off the
how to erect a High Commission Court in Scotland by the King's Authority without Consent in Parliament for proceeding against such as would not submit to the Common-Prayer Book and Canons enjoined by the King and Bishops of Scotland and upon the 28th of February the Arch-bishop consecrated Dr. Manwaring Bishop of St. Davids a worthy Successor to so Saint-like and pious a Predecessor for this Bishoprick was Laud's first Preferment You have seen his Grace of Canterbury's Temper towards the King's Subjects now see how it was towards the King His Grace being as high as England could admit viz. Metropolitan and first Peer thereof would visit both Universities by his Metropolitan Right and not by Commission from the King and signified so much to both to which both answered That to admit it without a Warrant from the King was a Wrong to the Vniversities his Grace was Chancellour of Oxford and the Earl of Holland of Cambridg The Cause came to a hearing before the King and Council the 21st of June 1634 where the Attorney General Banks was for his Grace against the King Mr. Gardener the Recorder of London â—or Cambridg and Serjeant Thyn for Oxford the Cause was shortly this Both sides agreed in this that both Universities were of the King's Foundation and so might be visited as they had often been by Commission from the King But this would not do with his Grace he would to use his own Words visit by his own Right Serjeant Thyn urged against this the King's Foundation of the University of Oxford and that never any Arch-bishop so visited But the Recorder could not say so of Cambridg which happened upon this Occasion In the Reign of Richard the Wickliff's Doctrine prevailed much in both Universities and Arundel then Arch-bishop of Canterbury as zealous to suppress the Wicklevites as Laud was the Puritans to suppress them did visit Jure Metropolitano but Oxford opposed him forti Manu Upon this Arundel appeals to the King who being a weak Prince and as zealous for the then Church as King Charles was for Laud's declares the Right to be in the Bishop so did Henry the 4th the Current running against Wickliff which was after confirmed in Parliament but Cambridg was not in it Yet never before did any Arch-bishop visit Oxford nor Cambridg since the Year 1404 Jure Metropolitano as his Grace would do and so the Cause went for the Arch-bishop Plum'd thus in his own Feathers all black and white without one borrowed from Caesar whereby the more he assumes to himself the less he leaves the King he now soars higher the Bishops of the Province of Canterbury in their own Names enjoin the Removal of the Communion Table in the Parish-Churches and Universities from the Body of the Church or Chancel to the East of the Chancel and cause Rails to be set about the Table and refuse to administer the Sacrament to such as shall not come up to the Rails and receive it kneeling that the Book of Sports on Sundays be read in Churches and enjoin Adoration I do not find that Adoration was ever enjoined before nor any of the fore-named Injunctions in any Canon of the Church sure I am they were never publickly put in Execution so that whether these were any of the Canons of the Church or not was not understood by one of 10000 and the Lecturers Chaplains and School-masters who had no Maintenance from the Church being principally struck at by these Injunctions make all the sinister and worst Constructions they could invent against them so that though those Injunctions had been founded in the Canons of the Church yet the contrary was believed and so had the same Effect as if they had not been founded in the Church-Canons Here I cannot omit one Passage That several were deprived by the Bishop's Authority for refusing to read the Book of Sports on Sunday Whereas King James the 2d allowed the seven Bishops a legal Trial for refusing to enjoin the Clergy to read his Declaration for Liberty of Conscience and the Bishops were acquitted That the Legality of these Proceedings might be manifest a Proclamation was issued out that it was the Opinion of the Judges that the Act of the 1 Edw. 6. 2. which ordains that Bishops should hold their Ecclesiastical Courts in the King's Name or by Commission from him was repealed by the 1st of Queen Mary though this Act was repealed by the 1 Jac. 25. and so the Act 1 Edw. 6. 2. was revived and so resolved upon a full Debate in Parliament 7 Jacobi The Thunder of those Canons the terrible and unheard of Execution of them in the Star-Chamber against all Opposers by Speech or Writing so terrified the Puritans which would not submit that incredible Numbers of them left the Kingdom to inhabit in foreign Plantations especially in New-England where these Ecclesiastical Canons could not well play upon them But to restrain the further Evasion of them the King by Proclamation the 30th of April 1638 stops all the Ports of England to keep them in it The Reason was no doubt that they might be better instructed in the Doctrine and Discipline of the Church of England here than elsewhere But Ship-Money notwithstanding my Lord Keeper Coventry's Charge to the Judges last Year that in their Circuits they should give Charge how justly the King required Ship-Money for the common Defence and with what Alacrity and Chearfulness they the Subjects are bound in Duty to contribute yet this did not pass-for true Doctrine with all for Mr. Hambden upon Advice with Holborn St. John and Whitlock denied the Payment whereupon several other Gentlemen refused also Hereupon the King was advised by the Lord Chief Justice Finch to require the Opinion of his Judges which he did in a Letter to them and after much Solicitation by the Chief Justice promising Preferment to some and highly threatning others whom he found doubting he got from them in Answer to the King's Letter and Case their Opinion in these Words We are of Opinion that when the Good and Safety of the Kingdom in general is concerned and the whole Kingdom in danger you may by your Writ under the Great Seal of England command all your Subjects of this your Kingdom at their Charge to provide and furnish such number of Ships with Men Victuals and Ammunition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from Peril and Danger And that your Majesty may compel the doing thereof in case of Refusal or Refractoriness And we are also of Opinion that in such Case your Majesty is sole Judg both of the Danger and when and how the same is to be prevented and avoided This Opinion was signed by Davenport Denham Hutton Croke Trevor Bramston Finch Vernon Berkly Crawley and Weston See Whitlock ' s Memoirs f. 24. The King having previously extorted the Judges Opinions exparte gave order for the Proceedings against Mr. Hambden in the
Norway for Timber Pitch and Tar and to Liefland and Prussia for rough Hemp and Flax for which Trades the English never built one Ship since this Act and by reason of the Dearness and Inconveniences of our English Ships in these Trades the Norwegians have encreased their Navigation from 6 Ships of about 60 Tun to above 200 of three four five and six hundred Tun and the English pay near double the Price for these they did before the Act. And as the Inhabitants of Liefland and Prussia rarely or never trade with us in rough Hemp and Flax so the Dutch importing these by the Cheapness of their Navigation one third cheaper than the English and when they are made into the Manufactures of Cordage Sails and Nets the Dutch by the Act of Navigation may import them whereby the English in their Fisheries and the Foreign Vent of their Commodities have lost the Manufactures of them and by a Foreign Expence buy them of the Dutch and French as much to their enriching and Employment of their People as to our Impoverishment and the Loss of employing ours It 's fit to give this light Touch of the Mischiefs and Inconveniences this Act has brought upon the Nation but hereafter I shall enlarge upon them when I reply upon Sir Josiah Child and Sir Brewster's Defence of it as before CHAP. II. A Continuation of this Treatise during the Vsurpation of Oliver Cromwel WHEN Men forsake the plain and foreknown Ways of Justice and Righteousness they not only run into Confusion or contrary Extreams but these they endeavour to sanctify by previous swearing to them and imposing them upon other Men. In Scotland 1638 the Scots without the King's Consent made their Covenant wherein they abjure Episcopacy and swear a mutual Defence of one another herein against all Persons whatsoever without excepting the King and imposed this upon all Sorts of People with Violence and Menaces as beating tearing of Clothes drawing of Blood and exposing thousands to Injuries and Reproaches and notwithstanding several Laws to the contrary expelled all Professors of Colleges and Ministers out of their Places who refused to subscribe their Covenant See Baker's Chron. fol. 461. a. To encounter the Scots Covenant by a contrary Extream the English Convocation in the Year 1640 after the King had dissolved the Parliament imposed without Consent in Parliament an Oath wherein they swear That they approve the Doctrine and Discipline of the Church of England as containing all things necessary to Salvation that they will not endeavour to bring in any Popish Doctrine contrary to it That they will not consent to alter the Government of this Church by Arch-Bishops Bishops Deans and Arch-Deacons c. as it now stands and ought by right to stand nor to subject it to the Vsurpations and Supersttitions of Rome That this they do plainly and sincerely acknowledg and swear and do it heartily and willingly Thus was God's Sacred Name exposed to cover their Ambitious Designs on both sides and for which neither gave any Reason Nor did this Convocation stay here but imposed without Consent of Parliament six Subsidies upon the Clergy to be paid in six Years for carrying on a War against the Scots the refusers to be suspended and excommunicated Thus you see now In Nomine Domini on both sides these Feuds began at the Clergy and the King to secure the Convocation set Guards about Westminster Abby Here let 's examine and compare these two Oaths The Covenanters in Scotland swear That according to their Places and Callings they shall endeavour the Preservation of the Reformed Church of Scotland in Doctrine Worship Discipline and Government At this Time there was no Reformed Church in Scotland but the Episcopal unless the Scots Covenanters erected another So here the Scots do not distinguish which Church they swear to endeavour to preserve nor say what the Doctrine Discipline Worship and Government of the Church of Scotland was So that herein in the first part of the Oath they swear equivocally and in the second they swear by Implicit Faith without declaring wherein their Doctrine Discipline Worship and Government does consist That they shall also endeavour the Extirpation of Popery Prelacy Superstition Heresy Schism Prophaneness c. All Oaths are to be taken in Truth viz. of what a Man knows or truly intends Can any Man believe that every Scot which swears the Covenant knows what Popery Prelacy Superstition Schism and Prophaneness are especially when they have an c. joined to them I do not believe that ever the Church of Rome or any other Nation ever imposed such an Equivocal and Canting Oath as this Covenant by a Rout of Men and contrary to the establisht Government in being and against the King's express Will And to make all sure they swear to defend all those that shall enter into this Covenant and shall zealously and constantly all the Days of their Lives continue therein But God shall soon blast this abominable Swearing to the Destruction of these Covenanters The Oath of the Covenant was purely promissory wherein they swear what wondrous Acts they would do in Preservation of their Kirk c. and for the Extirpation of Popery Prelacy c and for the mutual Defence of one another But the first Part of the Convocation-Oath is assertory wherein they swear that they approve the Doctrine and Discipline of the Church of England as containing all things necessary to Salvation so as there is no further need of searching the Scriptures and no Man needs further to seek his Salvation with Fear and Trembling if he be conversant in the Doctrine and Discipline of the Church of England The next part of it is negatively Promissory that they will not bring in any Popish Doctrine contrary to it The third part of it is partly Promissory and partly Assertory Promissory not to give Consent to alter the Government of this Church by Archbishops Bishops Deans Arch-Deacons c. Assertory as it now stands and ought to stand The fourth part is Promissory not to subject it to the Usurpations and Supersitions of Rome without declaring what these were The last part of this Oath is Assertory That this they do plainly and sincerely acknowledg and swear and do it heartily willingly and truly Now let 's see the Success of this jumbled Oath and Grant of these Subsidies first the King never got one Groat of them Secondly The very next Year after viz. March 10th the Commons voted that no Bishop should have any Vote in Parliament nor any judicial Power in the Star-Chamber nor Authority in Temporal Matters and that no Clergy-man shall be in Commission of the Peace and upon the 22d of June the High Commission Court and Star-Chamber wherein Laud and the Prerogative Clergy plaid their Pranks were abolished by Act of Parliament and soon after viz. January 12th Twelve of the Bishops were committed to the Tower for High Treason for protesting against all Votes and Orders of
deadly Enemies and shall never decline his Majesty's Power and Jurisdiction as they shall answer it to God And all Persons who refuse to take this Oath to be uncapable of any publick Trust and to be look'd upon as Persons disaffected to his Majesty's Authority and Government And the 11th Act of the first Session says That it is the inherent Privilege of the Crown and undoubted Prerogative of the Kings of Scotland to have the sole Power of chusing Officers of State c. and of holding and dissolving Parliaments c. and That it is High Treason in any of the Subjects to make Leagues with Foreigners or among themselves without his Majesty's Authority first had c. And therefore the League and Covenant and all Treaties thereon are not obligatory and that none presume to require or renew the swearing the said League and Covenant The next Act I cannot say of Parliament for it was purely arbitrary was the total rooting out the Presbyterian Government in Scotland and upon this Occasion Mr. James Sharp Mr. Hamilton Mr. Farwel Mr. Leighton but whether sent for by the King or sent by the Kirk-Party I do not find came in 1661 to London and were ordained Deacons and Presbyters and after consecrated Bishops by the Bishop of Winchester and two other Bishops The Acceptance of which was a Renunciation of their Presbyterian Ordination nay it was a Declaration of the Invalidity of their former Ordination and thereupon the King on the 6th of September 1661 issued out a Proclamation declaring his Royal Pleasure to be for the restoring the Government of the Church of Scotland to be by Arch-bishops and Bishops as it was exercised in the Year 1637 and that he had nominated and presented Arch-bishops and Bishops to their several Bishopricks and to have the same Authority they had in the Reign of his Grand-father Thus you see the Presbyterian Government which was set up by such odd swearing without the King is by his sole Authority utterly subverted In Obedience to this Proclamation the Privy-Council the 9th of January following did discharge all Ecclesiastical Meetings in Synods Presbyteries and Sessions until they be authorized by the Arch-bishops and Bishops upon their Entry into the Government of their respective Sees which was to be done speedily Tho this Proclamation and Intimation of the Privy-Council had prevented the Parliament yet to make sure Work of both the Parliament in their second Sessions Redintegrated the Bishops to the Exercise of their Episcopal Function and to all their Privileges Dignities Jurisdictions and Possessions due and formerly belonging thereunto And another Act did ordain all Ministers to repair unto their Diocesan Assembly and concur in all Acts of Church-Discipline as they should be thereunto required by the Arch-bishops or Bishops of the Diocess under pain of being suspended from their Office and Benefice till the next Diocesan Meeting for their first Fault and if they amended not to be deprived and the Church to be declared vacant In the Year 1649 when there was no King in Israel the Parliament at the Instance of the Kirk by the 39th Act Discharge all Patrons and the King not excepted from Presentations to Church-Benefices for that the Estates of Parliament were sensible of the great Obligations that lie upon them by the National Covenant and the Solemn League and Covenant and by many Deliverances and Mercies from God and by the late solemn Engagement unto Duties to preserve the Doctrine and vindicate the Liberties of the Kirk of Scotland and advance the Work of Reformation therein to the utmost of their Power And considering that Patronage and Presentation of Kirks is an Evil and Bondage under which the Lord's People and Ministers of the Land have long groaned and that it hath no Warrant in God's Word but founded on the Common Law and is a Custom Popish and brought into the Kirk in time of Ignorance and Superstition and that the same is contrary to the 2d Book of Discipline in which upon solid and good Grounds it is reckoned among the Abuses that are to be reformed and unto several Acts of the General Assembly and that it 's prejudicial to the Liberties of the People and planting of Kirks and unto the free calling and entring of Ministers unto their Charge This Act did not hold long for next Year Cromwel enter'd Scotland and overturned all the Tables of Presbytery nor was this much mended after the King's Restoration for in the second Session of the first Parliament 1662 the Parliament did ordain All Ministers who had enter'd to the Cure of any Parish within Burgh or Land in or since the Year of God 1649 to have no Right unto or up-lift the Rents of their respective Benefices modified Stipends Marsh or Glebe for this instant Year 1662 nor for the Year following unless they should obtain a Presentation from the lawful Patron and have Collation from the Bishop of the Diocess where he liveth before the 20th of September next Tho the High Commission which Laud so zealously endeavour'd to erect in Scotland was put down by Act of Parliament 1641. in England yet the King by the inherent Right of his Crown and by the Virtue of his Prerogative Royal and supreme Authority in Causes Ecclesiastical erected one in Scotland The Commissioners were partly Ecclesiasticks and partly Lay-men who or five of them whereof one to be a Bishop had a more arbitrary Power over the Clergy than was practised in England under Laud and more than Laud could have expected for a High Commission for Scotland in the King's Father's Reign Thus you see the Kirk which would be a distinct Table and independent upon the Crown of Scotland are by the Prerogative of it committed to the arbitrary Mercy of the Prelates whom for above 24 Years they had been railing against and by many Oaths sware to extirpate But the Tribulations of the Kirk for the time to come do not end here for the Parliament resolve to stigmatize them for their Actions past and therefore upon the 5th of September 1662 they form a Declaration to be subscribed by all who shall have any publick Charge Office and Trust within the Kingdom in these Words I do sincerely affirm and declare That I judg it unlawful for Subjects upon Pretence of Reformation or any other Pretence whatsoever to enter into Leagues and Covenants or to take up Arms against the King or those Commissionated by him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping Counsel-Tables that were used in the beginning and for carrying on the late Troubles were unlawful and seditious and particularly That those Oaths whereof the one is called the National Covenant as it was sworn and explained in the Year 1638 and thereafter and the other entitled A Solemn League and Covenant were and are in themselves unlawful Oaths and were taken by and imposed upon the Subjects of this Kingdom against the Laws and Liberties of the same
and Dominion of Wales and of all and every the Offender or Offenders therein and them and every of them to order correct reform and punish by Censure of the Church And also We do give and grant full Power and Authority unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one in like manner as is aforesaid from time to time and at all times during Our Pleasure to inquire of search out and call before you all and every Ecclesiastical Person or Persons of what Degree or Dignity soever as shall offend in any of these Particulars before mentioned and them and every of them to correct and punish for such their Misbehaviours and Misdemeanors by suspending or depriving them from all Promotions Ecclesiastical and from all Functions in the Church and to inflict such other Punishment or Censures upon them according to the Ecclesiastical Laws of this Realm And further we do give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one by virtue hereof and in like manner and form as is aforesaid to inquire hear determine and punish all Incest Adulteries Fornications Outrages Misbehaviours and Disorders in Marriage and all other Grievances and great Crimes or Offences which are punishable or reformable by the Ecclesiastical Laws of this Our Realm committed or done or hereafter to be committed or done in any Place exempt or not exempt within this Our Realm according to the Tenor of the Ecclesiastical Laws in that Behalf Granting you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one full Power and Authority to order and award such Punishment to every such Offender by Censures of the Church or other lawful Ways as is abovesaid And further We do give full Power and Authority to you or any three or more of you as aforesaid whereof you the said Lord Chancellour to be one to call before you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one all and every Offender and Offenders in any of the Premises and all such as you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall seem to be suspected Persons in any of the Premises which you shall object against them and to proceed against them and every of them as the Nature and Quality of the Offence or Suspicion in that Behalf shall require and also to call all such Witnesses or any other Person or Persons that can inform you concerning any of the Premises as you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one and them and every of them to examine upon their Corporal Oaths for the better Trial and opening of the Truth of the Premises or any Part thereof And if you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall find any Person or Persons whatsoever obstinate or disobedient in their Appearance before you or any three or more of you as is aforesaid whereof you the said Chancellor to be one at your Calling and Commandments or else in not obeying or in not accomplishing your Orders Decrees and Commandments or any thing touching the Premises or any Part thereof or any other Branch or Clause contained in this Commission that then you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one shall have full Power and Authority to punish the same Person or Persons so offending by Excommunication Suspension Deprivation or other Censures Ecclesiastical And when any Persons shall be convented or prosecuted before you as aforesaid for any of the Causes above expressed at the Instance and Suit of any Person prosecuting the Offence in that Behalf that then you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one shall have full Power and Authority to award such Costs and Expences of the Suit as well to and against the Party as shall prefer or prosecute the said Offence as to and against the Party or Parties that shall be convented according as their Causes shall require and to you in Justice shall be thought reasonable And further Our Will and Pleasure is That you assume our well-beloved Subject William Bridgman Esquire one of the Clerks of our Council or his sufficient Deputy or Deputies in that behalf to be your Register whom we do by these Presents depute to that effect for the registring of all your Acts Decrees and Proceedings by virtue of this our Commission and that in like manner you or any three or more of you whereof you the said Lord Chancellor to be one by your Discretions shall appoint one or more Messenger or Messengers and other Officer or Officers necessary and convenient to attend upon you for any Service in this behalf Our Will and express Commandment also is That there shall be two Paper-Books indented and made the one to remain with the said Register or his sufficient Deputy or Deputies the other with such Persons and in such Places as you the said Commissioners or any three or more of you whereof you the said Lord Chancellor to be one shall in your Discretion think most fit and meet in both which Books shall be fairly enter'd all the Acts Decrees and Proceedings made or to be made by virtue of this Commission And whereas our Universities of Oxford and Cambridg and divers Cathedral and Collegiate Churches Colleges Grammar Schools and other Ecclesiastical Incorporations have been erected founded and endowed by several of our Royal Progenitors Kings and Queens of this Realm and some others by the Charity and Bounty of some of their Subjects as well within our Universities as other Parts and Places the Ordinance Rules and Statutes whereof are either embezeled lost corrupted or altogether imperfected We do therefore give a full Power and Authority to you or any five or more of you of whom we will you the afore-named Lord Chancellor always to be one to cause and command in our Name all and singular the Ordinances Rules and Statutes of our Universities and all and every Cathedral and Collegiate Churches Colleges Grammar-Schools and other Ecclesiastical Incorporations together with their several Letters Patents and other Writings touching or in any wise concerning the several Erections and Foundations to be brought and exhibited before you or any five or more of you as is aforesaid whereof you the said Lord Chancellor to be one willing commanding and authorizing you or any five or more of you as aforesaid whereof you the said Lord Chancellor to be one upon the exhibiting and upon diligent and deliberate View Search and Examination of the said Statutes Rules and Ordinances Letters Patents and Writings as is aforesaid the
before him but by his Copartner Licinius in War and the Christians if they had been all of one piece were not sufficient to support the Empire against the far more numerous Gentiles and Jews Add hereto that in the Rage of the late Persecution under Dioclesian Maximinian Maximin and Maxentius the Christians were so sore persecuted that excepting their Faith and Piety for Christianity they were unfit for any Civil or Military Imployment but so far were the Christians from being of one Piece that they were rent into the Sects and Factions of Marcionists Montanists Novatians Donatists and Sabellians and in the 10th Year of Constantine Arius broacht his blasphemous Opinion of our Saviour's not being God from all Eternity being the Year of Christ 316. We do not read that the Romans before the Empire became Christian ever made War upon any Nation upon the Account of Religion and though there were many Sects among them of different Opinions concerning their Gods and their Attributes and of God's Prescience Fate and the Liberty and Necessity of Human Actions yet the different Sects never went farther than Brawls and endless Contentions with one another they never upon that Account made any Schism or Separation from the publick Worship and Service of their Gods prescribed by the Laws of the Empire And as among the Gentiles so among the Jews tho the Opinions of the Pharisees Sadduces and Esseans were as wild and extravagant as those of the Heathens yet these were never esteemed by them to be Acts of Jewish Religion nor upon that Account did they dispense or separate themselves from the publick Worship and Service of God prescribed by Law Whereas the different Sects of the Christians not only baptized their fond and wicked Opinions many of which were the same with those of the Gentiles by the Name of Religion but took occasion from thence to separate and disjoin themselves from the Communion or publick Worship and Service of God prescribed by publick Authority So as Constantine had a very difficult Task to govern the Empire in this distracted State not only of the Gentiles but of the Christians But since Religion is the highest Act of Piety Devotion and Gratitude which Man can return to God for his having preferred Man in his Creation and Generation above all other Creatures in giving him not only Dominion over them but much more by enduing Man with an intellectual and reasonable Soul capable of eternal Happiness and since Religion is not only mistaken in the Name and Exercise but made at this time as much a Stalking-horse to cover Mens Pride and fantastical Opinions as it was in Constantine's time and since to the Scandal of Christianity I hope the Reader will not lose his Time in understanding the difference between Christian Faith and Christian Religion and herein what is to be ascribed to God and what is the Duty of Man Christian Faith is a firm Belief and Reliance upon God's Promise revealed in the Old and New Testament to the end that Man by his Faith and Obedience to the Precepts which God requires of him herein may be made capable of Eternal Happiness from which he was faln by the Disobedience of our first Parents so as Christian Faith is the Effect of God's meer Grace and Favour to Man wherein Man is only passive in believing in God thus revealing himself and submitting to the Precepts which God requires in the Scriptures Christian Faith does not absolve Man from any of the Moral Duties which God requires of him by the Law of Nature but more strictly obliges Man to them not only in his Speech and Actions but forbids all Immoral Thoughts and Intentions so that Christian Faith is so far from being incompatiable with humane Peace and Society in this World that Man is more obliged hereto by it than by the Law of Nature Christian Religion is a conjoining of two or more in honouring and praising God for the publick Blessings they enjoy by God's Favour both as being by his Grace and Goodness received into the Communion of Christ's Congregation as also being protected in their Lives and Fortunes in their several Societies and Governments So that Christian Religion is the Act of the Will of Man in conformity to Christian Faith and Christian Faith and Religion differ as Man's Understanding and Reason God made Man without any Act of Man's Will an intellectual Creature to inform all his future Intentions Speech and Actions and it is the Will of Man to intend speak and act reasonably or conformable to his Understanding So that tho Christian Faith be the same in all Countries and Places yet Christian Religion must necessarily be different in different Countries and Places as God in his Providence is pleased to govern the World in them Thus the Children of Israel were obliged to join together in celebrating God's Honour and Praises for his Deliverance of them out of their Egyptian Bondage and for his immediate Government of them and prescribing them Laws for the Support of this Government and for God's revealing himself to them in the Old Testament which other Nations to whom God had not thus revealed himself and thus governed could not do So all Christian Countries and Kingdoms are as well obliged to join together in honouring and praising God for the publick Benefits they receive in being protected in every Government in their Lives and Fortunes in this World as well as in being received by God's special Grace and Favour into the Communion of Christ's Congregation But God's Providence in governing the World being after different manners in divers Places so must the Religion or the manner of celebrating God's Praises be differing in them In England we are obliged to honour and praise God that we enjoy God's Blessings by Laws peculiar to this Nation and by being delivered from the Popish Conspiracy in 1605 c. but other Nations which do not partake with us herein cannot join herein with us nor we with them Religion or the conjoining of Men in honouring and praising God for the publick Benefits they equally receive from God is the highest Duty incumbent upon Man for tho God by a peculiar Providence foresees and provides for all Men in several manners it may be not for two alike in all the World and also for these in daily Varieties yet Men are secured in these particular Blessings by the publick Laws and Governments of the different Places wherein they inhabit Christian Religion being a conjoining of many in celebrating God's Praises and in Prayers for God's continuing his Mercies and Blessings these Praises and Prayers are supposed to be uniform and foreknown that all who meet may join with one Voice and Mind in them and therefore S. Paul 1 Tim. 2. 1 2 3 4 5. exhorts Timothy that first of all as for the highest Duty of Christians Supplications Prayers Intercessions and giving of Thanks be made for all Men especially for Kings and all in Authority under
them tho at this time not only the Roman Emperours but all Kings and those in Authority were Heathen and Idolaters that we may lead a quiet and peaceable Life in all Godliness and Honesty for this is good and acceptable in the Sight of God our Saviour who will have all Men to be saved and come to the Knowledg of the Truth for there is one God and one Mediator between God and Men the Man Christ Jesus If therefore by Divine Precept or Command from God Supplications Prayers Intercessions and Thanksgiving be to be made for Heathen Kings and Magistrates much more are Christians obliged to make all these for Christian Kings and Magistrates All Kingdoms consist in the mutual Office of Commanding and Obeying so that it is as well the Duty of Kings and those who are in Authority to command as it is of the Subjects to obey and no Obedience can be where there is no Command to which it is due for where there is no Law there is no Transgression or Omission Tho these Offices be distinct in their Relations to the Governors and Governed yet the Rules of these Offices are the same and common to both so as that they ought to be foreknown as well to those in Authority to command as those who are subject to them these Rules are the Laws and Constitutions of every Kingdom and Country which unite them into one Incorporeal or Intelligible Body and under these is Mankind in different Places in divers manners maintained in Society and Concord The Offices of Commanding and Obeying are not only restrained to Moral Speech and Actions but extend to Religious for the Fear of God is the beginning of Wisdom as well in all publick as private Actions So that all Civil Nations to whom God had not revealed himself however they misplaced their Deities in Osyris Isis Jupiter c. worshipped their Gods in publick manner and had those Rites and Ceremonies which were performed by separate Persons ordained thereto As God governs the World and all Creatures in it so does he govern the Kingdoms in the World and has-set fatal Periods to them as well as to the Life of Man and all other Creatures yet as he has not in vain given Laws to Man to govern his Intentions Speech and Actions by and made him to subsist in the Labour of his Body and Cares of his Mind or both so has he not in vain commanded all Kingdoms and Nations to honour and serve him and to live justly and peaceably with one another and under these only can Kingdoms and Nations hope for Peace and God's Blessing upon them So that it is not the extent of the Territories of Kingdoms and Nations which is the Strength of them but the number of People in them nor is it their well-peopling only but their Unity in Religion and Civil Government for by these small Dominions increase upon others which are in Distraction and Dissension and where Kingdoms or Nations become distracted or divided either in Religion or Civil Government they become how great soever they be so much more enfeebled and tending to outward and intestine Dissolution as these shall be more These Discords in Religion and Justice have their Beginnings oft-times from Kings and those in Authority and often from the Subjects It was Solomon's Wives 1 Kings 11. that turn'd away his Heart from the Religion which God commanded which was the Cause ver 11. that God rent his Kingdom of Israel from him and gave it to his Servant Jeroboam and it was Jeroboam's Idolatry which distracted the Israelites into Factions which in time brought the Babylonish Captivity upon them from which they never returned And as Discords in Religion often arise from Kings and those in Authority which enfeeble the Strength of Kingdoms and Nations so does the Oppression and Injustice of Kings and Magistrates when they are not God's Ministers for their Subjects good make Kings Instruments of their vile Ends to the damage of their Subjects Thus Rehoboam to humour his Favourites bred up with him preferred them before his Subjects and threatned to oppress them more than his Father did whereby he lost the Dominion of ten of the twelve Tribes of Israel not only from himself but from his Father's House for ever and became so poor and feeble that the King of Egypt took Jerusalem and made Spoil of all the wonderful Riches which his Father had left him It was Ahab's Covetousness and Injustice in the Murder of Naboth and seizing his Vineyard that God not only disinherited his Posterity but rooted them out from the Face of the Earth 1 Kings 21. 21. And as this Discord in Religion and Justice may begin with the King and those in Authority so it may from those subject to them It was the People contrary to God's immediate Command forsook the Religion and Worship which was commanded them and set up the Molten Calf to be adored and worshipped Exod. 32. and it was the People which twice conspired to depose Moses from ruling over them Numbers 16. which brought so great a Destruction upon them I do not question but it was the intolerable Tyranny and Oppression of Dioclesian Maximinian Maximin and Maxentius as well as their horrible Persecution of the Christians so livelily described by Lactantius which gave so great a Reputation to the Christians and made Constantine's Passage to the Roman Empire more desirable not only by the Christians but even by the Gentiles Nor was the Roman Empire at any time of a greater extent unless under Trajan than when Constantine became sole Emperor Whereas this Roman Empire in the Body of it was never in so distracted and feeble a State for tho Constantine in regard of the Excellency of his natural Disposition was universally acknowledged Emperor yet above all things endeavouring the Propagation of Christian Faith and Religion and by his own Authority without the Concurrence of the Senate he granted an universal Toleration of Religion to all Sects of Christians as well as Jews and Gentiles and not only discharged the Christian Clergy which by the Constitutions of the Empire when they were not otherwise persecuted were subject to give their Attendance upon defraying the Lustral Sacrifices and watch and ward for Security of the Pagan Temples but made the Christians capable of receiving Legacies and of all publick Imployments so as the Christians were not only in an equal but better Estate than the Gentiles and upon all occasions had the Preference of Constantine's Favour But however this displeased the Gentiles it did not content all sorts of Christian Hereticks and Schismaticks who were so obstinate in their Opinions that all the Endeavours Constantine could use would not reconcile them For besides the Nicene Council he called four more viz. at Gaul Ancyra Neo Caesarea and Laodicea But when the Hereticks and Schismaticks would not submit to these Constantine restrained them from the Privileges he before granted them and left them in the same
Contentions not only in civil but religious Affairs Having given an Account of the Reasons of the Ruine of the Roman Western Empire and how like our Case is to that of the Empire in its Declension It 's time to take a view of the State of the Goths and Vandals after they had planted themselves in Spain and herein I observe that though the Romans as well as Grecians esteem all other Nations barbarous but themselves yet the Government of them was equal if not better than either for it was a Regular Monarchy wherein the King did not govern by an absolute despotick Power but by established Laws nor could they make new nor alter the old or raise Money without the Consent of the States of their Kingdoms and this continued for many Hundred Years after how many of the Kingdoms in Spain lost these Privileges is too long to be inserted here yet at this Day the Kingdom of Arragon retains them So that the King of Spain never speaks to them as King of Castile In the Reign of Honorius and Arcadius Ann. 408. about five Years before Gundericus entred Spain Attila King of the Huns over-run the Empire and pierced into Gaul with a huge Army against whom Honorius sent Ecius the greatest General of his time with an Imperial Army which was raised in all parts of the Empire so as Ecius was forced to withdraw the Roman Legions in Britain to oppose Attila nor did they ever return more so that the poor Britains being enured to no warlike Discipline but only to serve their imperious Masters easily became a Prey to the Picts and Scots and so were in a more servile State than when they were under the Romans To redeem themselves from which they called the English Saxons to their Assistance who used them worst of all and expelled the whole Race of them out of that part of Britain now called England But this is observable That as in these Times the rest of the Roman Empire was over-spread with Arianism so was that part of Britain subject to the Roman Empire over-spread with Pelagianism and here observe the Justice of God upon them that these Men who ascribed to themselves a Power of Salvation without God's special Grace and Favour to them should not be able to save themselves from their Enemies but be either slaughtered by them or expelled their Native Country upon the Earth The Saxons which conquered the Britains were Heathen yet was their Government as well as that of the Goths a Regular Monarchy and so continued in all the Dynasties of their Kings and yet is continued notwithstanding the several Attempts of many of the Kings of the Norman and the Scotish Race to the contrary About ten Years after Ecius recalled the Roman Legions out of Britain viz. in 418. Pharamond entred Gaul and conquered some part of it which he called France after the Name of the Franks and Pharamond was Heathen and so was Meroveus his Successor and Childerick his Son and so continued till about the Year 490 when Clovis was converted to Christianity of whom Messeray glories that he was the only King in the World which was not Infidel or Heretick However the Government of the Franks as well as the Goths and Saxons was a Regular Monarchy till the Reign of Charles the 7th about the Year 1430. which was above a thousand Years after the Franks planted themselves in Gaul If we look back into the Reign of Henry the 2d of England we shall find him it may be the greatest of all the Western Kings and Lord if not of the greatest yet best part of France as he was Duke of Normandy and Aquitain in Right of his Wife Eleanor Aquitain having the Ocean on the West and Normandy the British Sea on the North. But this Dominion did not last long for King Henry's Son and John's Son Henry the 3d endeavouring to usurp a more than Legal Authority over their Subjects caused such a Ferment and Discord in the Kingdom and this lasted near 70 Years that the Kings of France in the mean time took all Normandy and the greatest part of Aquitain from the English When King James became King of England Henry the 4th was French King having composed by Force and Clemency the Civil Wars which had raged near 40 Years all over France and in the Year 1597 made Peace with Spain which was about 5 Years before King James became King of England and here let 's take a view of Spain Though Spain were 1 3 greater than France when King James came to the Crown of England yet France was I believe fivefold better peopled and generally a more fruitful Country How this came to pass it's fit to look back upon the Cause of the Sterility of Men in Spain and their abounding in France Ferdinand and Isabella King and Queen of Castile and Arragon about the Year 1490 having conquered the Kingdoms of Granada and Murcia and against their Faith given to the Moors brought in the Inquisition upon them the greatest part of the Moors forsook their Country and thereby left the Kingdoms of Granada and Murcia so much less peopled and Ferdinand and Isabella being addicted to the Roman Religion established manifold Bishopricks and Religious Houses in these Kingdoms of both Sexes and the Pope though he pleases to make Marriage a Sacrament yet forbids it to the Clergy and other of both Sexes who take upon them a Religious Life whereby as the Moors leaving Spain unpeopled it at present so future Generations became so much less replenished by how much more People took upon them a Religious Habit. But this Mischief did not stop here for Philip the 2d great Grand-Son of Ferdinand and Isabella and a most bigotted Prince to the Romish Superstition brought the Inquisition upon the Converted Moors which drove them out of Spain to the farther unpeopling of it and my Lord Bacon says that many of these poor converted Moors became as persecuted in their Exile for their Religion as if they had continued in Spain And this Mischief further followed not only to Spain but to Christendom for the exiled Moors having no other Habitation and Means of Living set up their Trade of Piracy in Algiers Tunis and Tripoli within the Straits and in Sally without whereby they have been a Plague to all other Christians as well as Spaniards who trade into the Straits and Affrick and other Southern Countries ever since About the time that Ferdinand and Isabel conquered Spain Columbus discovered the West-Indies and Hornando Cortez siding with one part of the Indians which were at War against the other and thereby becoming Conqueror of those he fought against he got incredible Wealth with a Discovery of the Rich Mines in Mexico The Blaze of this quickly flew all over Spain so that the Spaniards expected Mountains of Gold in running out of Spain into America and therefore near half Spain ran into America to seek new Adventures there the covetous
Match to oppose the turbulent aspiring Faction of Harold and his Family named William Duke of Normandy his Successor but none of these were Reasons for the Deposing the Earls of Athol and Strathern being for ought I find much better qualified to reign than either John or Robert the Issue of Elizabeth Moor for John was of a heavy and unactive Disposition not fit to govern which made the King his Father to constitute his younger Brother Robert Vice-Roy a Man of a violent and inveterate Disposition So that these three Dynasties viz. the Norman Bâ—itish and Scotish were all derived from spurious Originals and as Henry the 7th was descended from John of Gaunt who was never King by Catherine Swinford so is the Race of Scotland from Robert Stuart the first of that Name before he was King by Elizabeth Moor. But though the Parliament erected this Dynasty of the Kings of Scotland yet this did not cease their Power of altering the Succession of it in a right Line For James the 2d had two Sons James the 3d who succeeded him and Alexander Duke of Albany Alexander married two Wives the first was a Daughter of the Earl of Orkney by whom he had a Son named Alexander and after married a Daughter of the Earl of Bulloign by whom he had a Son named John yet in James the 5th his Reign John was by Parliament declared the second Person of the Kingdom and next Heir to James the Fifth notwithstanding the Claim and Protestation made by John's elder Brother against it And the Scots out of Parliament assumed a Power not only of altering the Succession of their Kings but of deposing them For in the Year 1567 they deposed Queen Mary the Daughter of K. James the 5th and set up King James the 6th after King James the 1st of England an Infant scarce 14 Months old in her stead and by this Title he reigned in Scotland twenty Years in his Mother's Life and to his dying Day owned this Title Yet this King and his Son and two Grandsons after him gloried in declaring their Titles to be by inherent Birth-right and that they were accountable only to God for all their Actions Here how truly let the Reader judg the Scene was laid upon which they played their designed Game which did not end so I do not account the Dynasty of the Kings of England in the Scotish Race since Queen Elizabeth to be new in the Succession of the Persons of the four last Kings I mean King James the 1st King Charles the 1st King Charles the 2d and King James the second yet I say it was new in the Exercise of it and such as none of the Saxon Danish or Norman Race since Henry the 3d or of the British Race ever pretended to claim But in regard it has put the Nation into such a Ferment for above 80 Years and which if God pleases not to put an end to may prove as fatal to these Nations as the Feuds between the Guelphs and Gibelines did for above 300 Years overwhelm Germany and Italy in most horrible Blood-shed and Devastation we are more particular in taking a View of the Original of it From the time of the King 's coming to London May the 7th to the 11th of January little more than eight Months Stow takes notice of twelve Proclamations and upon the 11th of January out comes another for calling a Parliament which though new for the manner yet more new for the Substance and such as never before was heard of in England And that we may the better take a view of the success of the Parliaments of England in this King's Reign from this we will stay a little and consider the Constitution of a Parliament and the principal Ends of its meeting The King is the Head Principle and End of the Parliament the Lords Spiritual and Temporal and Commons which are made up of Knights of the Counties of England and Wales Citizens sent from Cities Burgesses sent from Corporations and Barons sent from the Cinque Ports which do not differ from Burgesses but only in Name are the Body the Temporal Nobility sit in Parliament in their personal Capacities but the Spiritual Nobility do not so but in right of their Bishopricks which they hold of the King by Barony and the Commons are said to be the Representative-Body of all the Commons in England not Noble by Birth or in their Politick Capacities as the Bishops are and in this Assembly resides the Supreme Authority of the Nation which as they make Laws for the publick Benefit for are they loose from them and are not obliged to them As the King is freed from the imputation of Tyranny in sanguinary Laws and of Oppression in taxing the Subjects for how can the Subjects complain of either when their Representatives in Parliament promote them So does a Parliament discharge the great Objection against Hereditary Monarchies that tho Princes see only with their own Eyes and hear with their own Ears as other Men do yet so as it is impossible without a true Representation of the State of their Subjects they can see or hear of the true State of them whereas Minions and Flatterers whose Interest is different from that of the Kingdom not only conceal the true State of the Nation but make false Representations of it to raise themselves tho out of the publick ruine but the Parliament is the Eye of the Nation which sees the Abuses which Flatterers by abusing the King's Name and making it subservient to their Interest impose upon it The great Ends of the Meetings of Parliament are first to redress the Grievances of the Nation if any be by representing them to the King Secondly to punish Men which are out of the reach of the ordinary Rules of Justice which either abuse the King's Name to attain their Ends or may prove dangerous to the Government Thirdly to make Laws against growing Evils and to repeal Laws which have been found inconvenient to the Nation And fourthly to supply the King upon extraordinary Occasions for Support of the Nation as Times and Accidents may happen Heretofore the Meetings of Parliament were so frequent that Sir John Thompson in his Preface to the Earl of Anglesey's Memoirs takes notice that from the first of Edward the 3d to the 14th of Henry the 4th which was but 85 Years there are 72 Original Writs for the Summons of Parliament so that if you allow forty Days from the Tests of the Writs to the Returns and but one Month for the Sittings of Parliament there will not be a Year's Interval between the Dissolution of one Parliament and the Summoning another and Mr. Johnson proves that they were annual and fixt to meet on the first or the Kalends of May which continued down to Edward the 1st how or whether discontinued by Edw. the 2d I cannot tell however there are two Laws yet in force for the annual Meeting of the King in Parliament
in Christendom when he was putting it into an universal War all the Western Princes 〈◊〉 Christendom except King James were engaged in it against the House of Austria but it was so vast as in the Nature of things if Henry had been young as he was in the 57th Year of his Age he could not have lived to have accomplished it at his Death tho he lived but 13 Years after the Treaty of Vervins when he made Peace with Philip the 2d of Spain he had amassed such a Treasure as is incredible if so great an Historian as Messeray did not testify it especially if it be considered that before the Treaty at Vervins France had for forty Years before been imbroiled in a Civil War and with Spain and these Wars being in all the Parts of France France was never before in so poor and feeble a State and Henry himself after the Peace giving himself up to Venery and Gaming above any King of France before him or since Nor can it be imagined from whence such Treasures should arise for there are no Gold nor Silver Mines in France unless it were from the Trades which the English Dutch Dane Swede and Hamburghers drove into France However Henry was addicted to Women and Gaming yet otherwise he excelled all the Kings of the Age not only in Heroick Vertues but in Prudence Constancy and Secrecy in his Designs curious in Enquiry into the Qualities of Men whom he would prefer as Qualities merited and was pleasant and witty in his Conversation and always disposed to take the Impression of good Counsel He left his Son a Prince of weak Constitution both of Body and Mind at ten Years of Age and his Wife an imperious bigotted Italian to the Church of Rome Regent These overthrew all the Methods which Henry had laid for promoting the French Grandure and gave themselves up to be governed by Favourites yet in a different manner from those in England whereby they squandered away all that inestimable Treasure which Henry left in less than half the time Henry had been collecting it and put all France into Tumults and Wars whilst the English patiently submitted to the Exorbitances of King James his Favourites and by Proclamations were forbid to mention them or talk of their Government no not in Parliament And now 't is time to return to England and see what 's doing there If we begin this Year 1612 with January we shall find two Marriages in it to succeed the two Deaths of the two famous Henry's of England and France The first upon the 14th of February being Shrove-Sunday between Frederick Count Palatine of the Rhine commonly called the Palsgrave and the Princess Elizabeth the King 's only Daughter and the Triumphs Pageant◠and other Gaieties upon the Thames in the City and Inns of Court far exceeded any before seen in England which you may read at large in Stow's Chronicle fol. 1004. so as the Tears for the Death of Prince Henry were overflowed by the excess of Joy for this Marriage However Northampton was not pleased with it nor the Emperor or King of Spain and from the same Causes viz. It would so far advance the Protestant Interest in Germany as to make it more formidable to the Popish Religion and 't is certain for I had it from good Authority that Queen Ann was averse to it and to put the Princess out of conceit of it would usually call her Daughter Goodwife Palsgrave to which the Princess would answer she would rather be the Palsgrave ' s Wife than the greatest Papist Queen in Christendom The Reason of the Queen's Aversion to this Marriage is not said but certain it is that these fading Joys for this Marriage were succeeded by fixt and real Calamities which the King took little Care to prevent and shall never live to see nor his Son after him an end of While the Preparations for solemnizing this Marriage were making a different sort was making for another between the Viscount Rochester and the Countess of Essex and to make the Way to it more passable two Rubs were to be removed one to take off Sir Thomas Overbury the other to procure a Divorce not only a Mensa Toro between the Earl and the Countess but a Nullity whereby the Countess should be free to marry as she pleased and she had agreed upon the Person To remove Sir Thomas it was agreed between the Earl of Northampton Rochester and the Countess that Sir Thomas should be sent Ambassador to the Great Duke or Emperor of Russia so that if Sir Thomas did accept of it he should be far enough out of the way to hinder this Design and if he did not to commit him to the Tower where they would do well enough with him The Business of the Embassy was no sooner propounded to the King but assented to by him and Sir Thomas was not unwilling to undertake it How harsh soever Rochester was to Sir Thomas when he disswaded Rochester from marrying the Countess yet now he becomes instant kind to Sir Thomas and tell him how much he relied upon his Integrity and Parts which in his Absence he should not only want but that thereby Sir Thomas would give Occasion to his Enemies which were many and upon Rochester's account to ruine him when as it would not be in Rochester's Power to prevent it but if Sir Thomas would refuse to undertake this Embassy Rochester would in a short time undertake to reconcile him to the King and Sir Thomas would in the mean time be at hand to assist him with his Counsel upon all Occasions This was all deep Dissimulation which Sir Thomas took to be in good earnest and so Sir Thomas excused his going on this Errand and this was what Rochester desired Hereupon Rochester possest the King that Sir Thomas was not only grown insolent and intolerable to him but to the King by contemning him in refusing to go on this Embassage The King becomes incensed hereat and the more as 't was commonly said Sir Thomas had vented some stinging Sarcasms upon the Court which came to the King 's hearing and so ordered him to be committed to the Tower Northampton and Rochester had prepared the Business so that Sir William Wade was removed from being Lieutenant of the Tower and Sir Jervis Elvis a Gentleman wholly depending upon them was made Lieutenant of it Upon Sir Thomas his Commitment Sir Jervis Elvis by Order from Northampton and Rochester confines him close Prisoner so that Sir Thomas his Father was not permitted to visit him nor any of his Servants tho one desired he might be confined with his Master The Countess that she might not be behind-hand with Rochester and Northampton had consulted with Mrs. Turner for a fit Instrument to practise what was designed upon Sir Thomas Mrs. Turner's Husband was an Apothecary and had a Servant named Richard Weston who since her Husband's Death was become very poor this Man was agreed by the
Countess and Mrs. Turner to be Under-keeper to Sir Thomas and had a Promise of 200 l. Reward when Sir Thomas should be dispatched and that he might with more Secrecy work his Design the Lieutenant had Orders from Northampton and Rochester that no Man else should come at Sir Thomas and Turner only to wait upon him at Table and to give Order for his Diet and Drinks Sir Thomas thus mew'd up and excluded from the Sight of his nearest Relations and Servants upon the 9th of May was begun the Practice of poisoning Sir Thomas in his Broth which Weston brought him and this was continued with many Varieties of Poisoning till the 14th of September when by a Glyster for which the Administer had 20 l. Reward he was dispatched but the Malice against Sir Thomas did not end with his Death for the Blanes and Blisters which the Poison had caused upon his Body were interpreted to be the Effects of the French-Pox and his Body was irreverently buried in a Pit digged in a very mean Place Here we may see the unhappy Fate of Princes above other Men who neglecting their Duty give themselves up to be governed by Minions and Favourites for private Men are accountable only for their own Actions whereas Princes are accountable to God and Fame for all the ill Actions of their Ministers and how many ways was the King's Name used and abused in perpetrating this black and horrid Murder First in getting the King to send Sir Thomas on the Embassage to Russia Secondly in committing him to the Tower for refusal Thirdly in keeping him close Prisoner there which was a Practice never known before for a Contempt that any Man should be close confined from all his Relations and Servants and 't was a greater Villany to practise Sir Thomas his Death while he was the King's Prisoner than if he had been at large as being more immediately under the King's Protection These Considerations little affected the Court and Sir Overbury's Destruction went but half way towards the designed Marriage between Rochester and the Countess of Essex but a Commission of Delegates under the Broad Seal is issued out to the Arch-Bishop of Canterbury Dr. Abbot the Bishops of London Winchester Ely Litchfield and Coventry and Rochester Sir Julius Caesar Sir Thomas Parrey Sir Daniel Danne Sir John Bennet Francis James and Thomas Edwards Doctors of the Civil Law at the Suit of the Countess for a Divorce from the Earl of Essex Here you may see the Ascendant Rochester and Northampton had over the King not only in getting this Commission wherein the King's Name and Authority was abused but they procured the King in the hearing of the Countess's Cause to be her Advocate in answering the Objections which the Arch-Bishop made against the Divorce so as this Matter was managed the Bishops of Winchester Dr. Bilson of Ely Dr. Andrews of Litchfield and Coventry and Rochester with Sir Julius Caesar Sir Thomas Parrey and Sir Daniel Dunne were for the Divorce and that the Countess was Virgo non vitiata and that there was Frigidity in the Earl and the Marriage a Nullity and decreed the Earl to repay the Countess her Portion but the ABp the Bp of London and Bennet James and Edwards Doctors of the Civil-Law were against it Thus far was the King's Name and Authority abused in the attaining the Murder of Sir Thomas Overbury and the designed Marriage between Rochester and the Countess of Essex for Overbury being dead and the Divorce obtained the Countess must not lose the Title by this Marriage and thereupon the 4th of November Rochester is created Earl of Somerset All things are now prepared for the hopeful Marriage and that the Solemnity at the ending of it might out-vie that of the Palsgrave and the Lady Elizabeth upon the 6th of December the Earl and Countess were married at White-hall in the Presence of the King and Queen Prince and a great confluence of the Bishopâ— and Temporal Nobility the Bishop of Bath and Wells married them and Dr. Mountaine Dean of Westminster preached the Nuptial Sermon and that Night there was a gallant Masque of Lords but upon the Wednesday following the 29th there was another of the Prince's Gentlemen which quite out-did this and pleased the King so well that he caused it to be acted again on the Monday following being the 3d of January But White-hall was too narrow to contain the Triumphs for this Marriage they must be extended into the City and upon the 4th of January the Bride and Bridegroom accompanied by the Duke of Lenox my Lord Privy Seal Northampton the Lord Chamberlain the Earls of Worcester Pembroke and Montgomery with a numerous Train of Nobility and Gentry were invited to a Treat in the City at Merchant-Taylors Hall where my Lord Mayor and Aldermen entertained them in their Scarlet Gowns At their Entry they were accosted by a gratulatory Speech and Musick the Feast which was most sumptuous served by the choicest Citizens selected out of the 12 Companies in their Gowns and rich Foines After Supper they were entertained with a Wassaile two pleasant Masques a Play and Dancing and after all the Bride and Bridegroom with all this Noble Crew were invited to a Princely Banquet and at three in the Morning the Bride and Bridegroom returned to Whitehall and before this Surfeit of Pleasure and Excess was well digested the Gentlemen of Grays-Inn upon Twelfth-Day invited the Bride and Bridegroom to a Masque Thus these Gaieties though they out-lived the Year yet ended in the Holy-days of Christmas as they began with them being the next Day after Christmas But before the end of this Year these Joys shall turn sharp and sower This Year 1614 as it was the Meridian of the King's Reign in England so was it of his Pleasures the King was excessively addicted to Hunting and Drinking not ordinary French and Spanish Wines but strong Greek Wines and though he would divide his Hunting from drinking these Wines yet he would compound his Hunting with drinking these Wines and to that purpose he was attended with a special Officer who was as much as could be always at hand to fill the King's Cup in his Hunting when he called for it I have heard my Father say that being hunting with the King after the King had drank of the Wine he also drank of it and though he was young and of an healthful Constitution it so disordered his Head that it spoiled his Pleasure and disordered him for three Days after Whether it were drinking these Wines or from some other Cause the King became so lazy and unweildy that he was treist on Horse-back and as he was set so would he ride without otherwise poising himself on his Saddle Nay when his Hat was set on his Head he would not take the pains to alter it but it sate as it was put on And as he thus gave himself up to Pleasure so he did to Favourites and Flatterers and scarce
Rome The Bohemians having this farther strain of their Crowns being disposed of to another and dreading the Disposition of this Ferdinand assembled at Prague the Regal City of Bohemia and demand a General Diet of the Kingdom to bring their Grievances thither herein they did not apply themselves to Ferdinand as their King but to Matthias the Emperor but Matthias denied or deferred it to use Nani's words who tho a Venetian seems to me to be very partial against the Bohemians whereupon the Bohemians upon the 23d of May 1618 parted in a Rout and believing the Counts Martinitz Slavata and Philip Fabritus most zealous Papists to be the Motives of Matthias his Denial flung them out of the Windows of the Castle of Prague but they escaped by a Miracle as Nani says lib. 4. p. 127. The Count de la Tour in this Commotion makes a most pathetick Oration to the Bohemians wherein he sets forth how the Privileges of the Kingdom were violated and the Exercise of their Religion forbid and made to descend upon the Will of Princes That the usurped Crown of Bohemia passed from Head to Head as the Revenue and Inheritance of one House and to establish an everlasting Tyranny being ravished before its time from Successors in spite of Death is never suffered to be vacant c. And then goes on What have we not yet suffered The use of Life comes now to be denied us and the Vsufruit of our Souls contested but all our past Miseries will not be able to call to Remembrance but some imperfect Representations of the Calamities to come In sum Rodolph lived amongst us Matthias has reaped us as the first Fruits of his ambitious Desires for Matthias had forced Rodolph to resign the Crown of Bohemia to him as Ferdinand had done to Matthias But what may we expect from Ferdinand unknown to us and in himself rigorous directed by Spanish Counsels and governed by that sort of Religious Priests and People who detest with an equal Aversion our Liberty and Belief He was born and bred up in the Abhorrence of us Protestants and why should we be so forward to make trial of it Since the Persons banished the Families displanted the Goods violently taken away demonstrate too cruelly to us that he would abolish our very Being if he could as easily command Nature as he uses Force Wo to you Bohemians to your Children to your Estates to your Consciences if you suffer this Ferdinand to keep his footing in the Throne And when will you attempt to shake off the Yoke if you have not Courage to do it at a time when without Power without Guard the Kingdom is in your own Power and that you have two Kings to oppose you one whereof is fallen and the other toâ—ters c. which you may read at large in the fourth Book of Nani and concludes The Lot is drawn Liberty or the Hangman If Conquerors we shall be Just Free and Princes if overcome Perâ—idious Perjured and Rebels The Inhabitants of Prague before disposed took fire at this Oration of De la Tour and chose a Magistracy of Thirty with the Title of Directors to carry on a Government in opposition to Ferdinand and what happened in Prague was no sooner divulged through the Kingdom but all was in a Revolt drawing also the Provinces of Lusatia and Silesia adjoining to them into their Confederacy Matthias had a Counsellor named Gleselius upon whose Advice and Integrity Matthias relied above all other Men who advised Matthias by all fair means possible to compose the Commotions of the Bohemians for if he should come to a Rupture with them and Matthias be compelled to raise an Army the Interest of Ferdinand was such not only in the Spanish Councils but the Popish in Germany and the hereditary Countries that he would command it and thereby be in a Condition to ravish the Empire from him as he had done the Crown of Bohemia and Matthias feeling yet this Flesh-wound feared that mortal one if Ferdinand were put on the Head of an Army Hereupon Ferdinand without any regard to the Majesty and Authority of Matthias resolved to arrest Gleselius and separate him from giving any farther Advice to Matthias and one day being called to Council where the King was with one Ognate Gleselius was seized upon by d' Ampiere and Prainer and put into a close Coach and guarded by an hundred Horse hurried away to Inspurg Matthias was astonished at this bold Insolence which struck at his Authority in the tenderest part and now without any Council left in the Hands of his Cousin who designed to rise out of his Ruin became so overwhelmed with Melancholy that both asleep and awake he could not be with-held from crying out with a loud Voice That Gleselius might be brought back again but all to no purpose for he shall never live to see him again and in these Agonies he had some thoughts to have cast himself into the Arms of the Bohemians but it was not in his Power to do it These things were in 1618 at the end whereof Matthias died These Commotions in Bohemia and other parts of the Empire encreased after the Death of Matthias so that the Election of an Emperor was controverted till the 30th of August 1619 when Ferdinand was chosen having by large Promises prevailed upon George Duke of Saxony to vote for him But however the Bohemians were stiff in opposing his Election to the Kingdom of Bohemia and offered the Crown to Charles Duke of Savoy tho a Popish Prince and who had a better Title to the Crown of Bohemia than Ferdinand his Mother being a younger Daughter of Maximilian the 2d but prevailed upon by the Pope and Spanish Councils he refused it as did the Duke of Saxony and then they chose Frederick Count Palatine hoping to receive great Assistance from King James his Father-in-law but were mistaken in the Man Upon this Election Abbot Arch-Bishop of Canterbury was all on Fire to perswade the King to assist his Son-in-law and to that purpose wrote a long perswasive Apology to the King concerning it which you may read at large in Rushworth's Collections fol. 12. but the King and Bishop were not of the same Opinion for the King would have it that the Election of his Son-in-law was upon the Score of Religion not Right and therefore disswaded him from it but being a mighty Man of Embassies as well as Words Nani says fol. 138. published that he would assist his Son-in-law and dispatched an Ambassador to Vienna proposing that Bohemia should remain to Frederick But if his Authority by words would not settle his Son-in-law King James could not go further Frederick thus forsaken by his Father-in-law raised upon his own account 10000 Foot and 2000 Horse and entred Prague and was crown'd King on the Fourth of November 1619 and was no sooner crown'd but laid the Foundation of his own Ruine for the Counts De la Tour and Mansfield who had raised
Marquess clearly and upon what Guard he should stand Yes said the Keeper and to that purpose I have dispatched some Pacquets Then continue says the King to help me and them in those Difficulties with your best Powers and Abilities and serve me faithfully in this Motion which like the highest Orb carries all my Raccalta's my Counsels at present and Prospects upon the future with it and I will never part with you Which you may read in the first part of the Keeper's Life fol. 115. tit 127. The Keeper hereupon continues to prosecute this Advice to the Marquess after Duke but hereby lost the Duke's Favour who ever after sought all means to ruin the Keeper which tho he could not effect in King James his Reign he did it in the first Year of his Son 's But when the King understood that the Contraventions of the Duke with Olivares and Bristol was like to make a Rupture in the Treaty he then began seriously to consider with himself the fickle State he stood in both at home and abroad if the Marriage succeeded not all the two Subsidies he had granted him by the Parliament and the Benevolence he had raised after upon his Subjects by his own Authority was expended and a great Debt contracted besides he also besides the Benevolence stood upon ill Terms with his Subjects for petitioning him against the Spanish Match and asserting their Privileges by imprisoning them after he had dissolved the Parliament the like whereof was never before done by any of his Predecessors and now Buckingham had so violently caused a Rupture of the Match wherein he placed his sole Felicity he had not Courage so much as to frown upon him who could contribute no Relief whereas he dissolved the Parliament and imprisoned the Members upon their Advice against the Match who could have relieved him in his Necessities besides he now saw that Buckingham by his Audacity more worshipped the Sun in its Rise than in its Declination Now did he not know to whom he should complain nor was there any about him but the Keeper who durst give him any Advice In case a Rupture happened the King after all this wild Expence of Foreign Embassies and the Charge of his Son's Voyage to Spain would be despised by all Foreign Princes and States in case he did not endeavour to recover his Son-in-law's Patrimony which would in all appearance bring on a War between him and the Emperor and King of Spain who kept nothing from him and therefore had no cause to make War upon either Besides in case the King made War for the Recovery of the Paâ—atinate he could not hope to do it upon his own single account but in Conjunction with Foreign Confederates and above all with the States of the Vnited Netherlands who now had renewed the War against the King of Spain the Truce made between them and the King of Spain in 1609 being expired But how uniust would this be for the King to make War upon the Emperor and King of Spain who kept nothing from him and join with the Dutch herein who against the Treaty made between the King and them but three Years before viz. in 1619 kept from the King and his Subjects the Isles of Amboyna Seran Nero Waire Rosingen Latro Cambello Mitto Larica Lantare Polaway and Machasser in the East-Idies and Cabo de Bon Esperanza in Africk But the Impolicy of such an Alliance would be as great as the Injustice of it for hereby the English must lose the benefit of the Spanish Trade which above all others enriched the Nation and the King his Customs which above any other did arise from it These Considerations fixed in the King's Mind fearful of any War so cleft his Heart That as the Bishop of Litchfield observes he effected neither yet he submitted himself to be ruled by some whom he should have awed by his Authority but wanted Courage to bow them to his Bent. A Prince that preserves not the Rights of his Dignity and the Majesty of his Throne is a Servant to some but a Friend to none and least to himself as you may see in his Book fol. 167. tit 173. In these Perplexities the King saw no visible Means under Heaven to relieve him but by closing with his next Parliament and it was observed that some Impressions were gotten into the King's Mind that he was so resolved to be a Lover of Parliaments that he would close with the next that was called nor was there any likelihood that any Man's Incolumity tho it were his Grace himself should cause an unkind Breach between him and his People This Resolution of the King 's was not concealed from a Cabinet or Cabal of the Duke's which met at Wallingford-House who hereupon set up to consider what Exploit the Duke should commence to be the Darling of the Commons and as it were to re-publicate his Lordship and to be precious to those who had the Vogue to be the chief Lovers of their Country and resolve that all Attempts would be in vain unless the Treaty of the Spanish Match were quash'd and that the Breach thereof should fall upon the Duke's Industry so that what the Duke did before in spite to Olivares and Bristol he now pursues for his own Safety tho the King had little reason to thank him for it See the first Part of the Keeper's Life fol. 137. tit 147. And this took such Impression in the Duke that the Bishop heard the Duke afterward in the Banqueting-House before the King and both Houses of Parliament ascribe to himself the sole Glory of breaking the Spanish Match and you will soon see how the Prince and Duke after their return from Spain over-awed the King and made his Authority bow to their Bent for notwithstanding Buckingham blasted all the Raccalta's of his Counsels and the Prospect of his future Happiness placed in the Spanish Match yet he shall become the Duke's Advocate herein and note his Fidelity Constancy and Conduct in breaking it off and from his Disciple become his Master and teach him that Dolosus versatur in Generalibus and also keep back the Earl of Bristol from coming to the Parliament that he might not spoil the â—ine Tale the Duke had told yet at other times the King would say If he had sent Williams into Spain with his Son he had kept Heart-ease and Honour both which he lacked See the first part of the Bishop of Litchfield fol. 168. tit 174. The Duke thus doubly engaged resolved to break the Spanish Match and to dispose the King James to it the Prince writes to him That he must look upon his Sister the Queen of Bohemia and her Children never thinking more of him and forgetting he ever had such a Son Though it be evident the generous Spaniards were far enough from entertaining such a thought however Buckingham's Behaviour might have prompted them to it that by the Authority of Litchfield and Rushworth they entertained him
in Parchment for to perswade and encourage him in the Perversion of the Prince But how steady soever the Duke was in his French Garb in Spain and of Compliance with the Spaniard in the Popish Religion yet he was not so when he returned into England for then he turns quite contrary and assumes a popular Way and joins with the Prince and thereby over-ruled the King as they pleased and closed with the Nobility and Puritan Party opposite to Spain As you may read in Rushworth fol. 107. Nor was the Duke's Covetousness and sacrilegious Desires of robbing the Church's Patrimony less than his Hypocrisy in Religion for whilst he was in this Godly Fit he treats with Dr. John Preston Head of the Puritan Party how the King might seize the Dean and Chapter Lands as you may read in the Bishop of Litchfield's Life of Doctor Williams 1st Part fol. 202. After the Return of the Prince and Duke into England and Bristol left in Spain both contrive how to ruin the Earl of Bristol bound up with contrary Instructions and to dissolve the Prince's Match with the Infanta so solemnly sworn by both Kings and the Prince and could find no other Pretence to do it but by the King's Letter to the Earl of Bristol before he delivered the Powers for consummating the Marriage to procure from the King of Spain either by publick Act or under his Hand and Seal a direct Engagement for the Restitution of the Palatinate and Electoral Dignity by Mediation or Assistance of Arms but in regard this must be now insisted upon let 's see how this stood during the Treaty In all the Treaty for this Match the Restitution of the Palatinate was laid aside as Rushworth observes fol. 91. and my Lord of Bristol in his Defence against the Duke's or King's Charge fol. 302. says that his Instructions from King James the 14th of March 1621 were express that he should not make the Business of the Palatinate a Condition of the Marriage and that of the King 's of the 30th of December 1623 I think it was 1622 were fully to the same Effect But now the whole Treaty which was so solemnly agreed upon and sworn to by both Kings and the Prince and that the Marriage should be consummate within 10 days after the Dispensation came from Rome which it did about the beginning of December 1623 must be all dasht without the Restitution of the Palatine to his Country and Electoral Dignity which being perplext with such Variety of Interests as the Duke of Bavaria's having possest himself of the upper Palatinate and the Restitution of the Palsgrave being an Act of the Emperor and Empire was not in the King of Spain's Power Nay the Proxies left with the Earl would not admit of a Treaty in this Case for the Marriage was to be consummate within ten Days after the Arrival of the Dispensation from Rome The Earl of Bristol for not obtaining these new impossible and inconsistible Conditions is recalled from his Embassy and a new Treaty of Marriage between the Prince and the Princess Henrietta Maria youngest Daughter of Henry the Fourth of France is as suddenly set on Foot as that of Spain abruptly broke off and that by this time the King of Spain and the Earl had frequent Advice of the Prince and Duke's Designs to ruin the Earl The King of Spain therefore made a threefold Proffer to the Earl either to write to the King James and if need were to send a particular Ambassador to mediate for him to satisfy the Earl's Fidelity and Exactness in all the Treaty or to make him a Blank wherein the Earl should set down his own Conditions both in Title and Honour in Spain whereunto the Earl answered He was sorry and afflicted to hear such Language and desir'd they should understand that neither the King nor Spain were beholden to him For whatever he had done he thought fit to do for his Master's Service and his own Honour having no Relation to Spain and that he served a Master from whom he was assured both of Justice and due Reward nothing doubting but his own Innocence would prevail against the Wrong intended by his powerful Adversaries and were he sure to run into eminent Danger he had rather go home and cast himself at his Majesty's Feet and Mercy and therein comply with the Duty and Honour of a faithful Subject though it should cost him his Head than be Duke or Infantado of Spain and that with this Resolution he would employ the utmost of his Power to maintain the Amity of the two Crowns and to serve his Catholick Majesty and thirdly the King of Spain desired him in private to take 10000 Crowns to bear his Charges but the Earl answered one would know it viz. the Earl of Bristol who would reveal it to his Majesty King James Now if any Man can shew in any Authority antient or modern wherein a Treaty of this Nature was thus begun thus managed and thus broken off wherein a Noble Lady of highest Birth and noblest Fortune adorned with all the Excellencies of Beauty in her Person and the more excelling Virtues of her Mind in all the Perfections requisite in her Sex was thus baulkt and see her self made a Stale to advance the Avarice and covetous Desires of others he shall be my great Apollo So we 'll leave this Affair here and see what Comfort King James had of his Affairs elsewhere In the Year 1619 King James and the Dutch States entred into and concluded a Treaty of Trade between the English and Dutch in the East-Indies at this time and for many Years before the English had at Amboyna one of the Scyndae or Setibe Islands lying near Seran which had several smaller Islands depending upon it five several Factories two at Hitto and Lerico and two at Latro and Cambello in the Island of Seran but the principal of them was at Amboyna Amboyna was and is the principal Place in all the East-Indies where Nutmegs Mace Cinamon Cloves and Spice grow and from these Factories the English supplied not only England and Europe with Spice but Persia Japan and other Countries in the East-Indies The Treaty of Commerce between the King and the Dutch States was scarce three Years old when the Dutch in the East-Indies contrive how they may dispossess the English of the Spice-Trade which above all others is the best in the East-Indies at least which was then or now is known It seems says my Author William de Britain in his Treatise of the Dutch Usurpation fol. 14. that the English in all these Islands were better beloved than the Dutch and had built a Fortress in Amboyna for the Safety of Trade which the Dutch having two Hundred Soldiers there forced from the English and thereupon feigning a Plot between the English and Japonesses I think he means the Natives of Amboyna to betray the Fortress again to the English the Dutch with Fire and Water in an
Malice c. for he was so far acquainted with himself as that he knew himself to be the humblest Man alive I 'll try that presently says the Duke and so as a Testimony of his great Humility orders him Spaniel-like to take several Turns over and under the Bed his Grace and his Whore all the while lying in it which he did to Content and when 't was over Well says the Duke now I believe you and you shall have the Bishoprick of St. Davids Williams who knew the Disposal of the Seal was as Buckingham pleased durst do no otherwise than become Laud's Advocate to the King but the King was at first utterly averse from it giving Laud's Marriage of the Lady Rich and his urging the King not to rest at the five Articles of Perth for some Reasons but the Keeper persisting and alledging how sorry Laud was for these the King at last said And is there no hoe but you will carry it then take him to you but on my Soul you will repent it and so went away in Anger using other fierce and ominous Words which were divulged in Court and are too tart to be repeated as you may read fol. 64. tit 75. in the Life of Archbishop Williams It 's observable that Benefits conferred upon Ambitious Men never create any Obligation of Gratitude on the contrary ill Men generally turn the Benefits received to the Ruin and Overthrow of their Benefactors More likely Instances hereof are rarely to be found than in Laud and Buckingham this having received his first Admission into the King's Favour by the Mediation of the Archbishop to the Queen Ann none else being able to perswade her to it yet before the Arch-bishop could bring the Queen to it she often told him My Lord You and the rest of your Friends know not what you do I know your Master the King better than you all for if this young Man be once brought in the first Persons that he will plague must be you that labour for him yea I shall have my part also the King will teach him to despise and hardly intreat us all that he may be beholden to none but himself as you may read in his own Narrative in Rushworth from fol. 438 to fol. 461. But Laud's Contrivance to ruin Williams after Bishop of Lincoln takes up almost a Volume reported by the Bishop of Litchfield and by what villanous Instruments Perjuries Subornation and keeping back of Witnesses expunging and razing Records and by displacing Sir Robert Heath from being Lord Chief Justice because he would not do Laud's Drudgery and bringing in Sir John Finch who would jurare in Verba Magistri as well as throw down the Bounds of the Forests to make the King's Subjects Inheritances to be a Prey to wild Beasts yet after Laud had perpetrated all these he confest he never read the Commission by which he acted See the second Part of the Bishop of Lincoln's Life However Laud could make no great Progress of his Malice against the Keeper in the Shortness of the Reign of King James after he became Bishop for the King had the Keeper's Parts and Learning in high Esteem tho Buckingham both hated and feared the Keeper for them no great sign of a wise Statesman see the Bishop of Litchfield's Life of Arch-bishop Williams Part 1. fol. 148. tit 156. and had so little Wit as to say so Yet Laud now a Bishop from a Stickler and Informer against those who opposed the Arminian Tenets now becomes a Patron and Promoter of them all Court-Favour now looked that way and the Opposers of them were discountenanced and ranked in the Degree of Puritans all the Youth generally ran that way and the Schools in both Universities rung loud upon those Tenets and from thence were dispersed into all Parts of the Kingdom The King having spent the two Subsidies granted in Parliament and the Benevolence which he had by his own Authority raised all over England for the Recovery of the Palatinate upon the Prince's Expedition into Spain Buckingham to his Project of getting the Dean and Chapters Lands propounds the Sale of all the Crown-Lands but this meeting with many Difficulties and being disswaded from the farther Prosecution of it by the powerful Reasons of my Lord Keeper Williams there was now no other means left to get Money but by calling a Parliament And now Buckingham courts the popular Humour and appears most forward for to make appear in Parliament the Reasons which induced him to perswade the Prince to break off from the Match with Spain which tho it took at present yet it was but short-lived for the Treaty of the Marriage between the Prince and Daughter of France spoil'd all But this was not known during the sitting of the Parliament which met upon the 16th of February 1623-24 We hear of no Proclamation now against talking of State-Affairs the debating of them in Parliament is not Sutor ultra crepidam on the contrary the King in his first Speech to them the 19th of February tells them He craves their Advice and that he would advise with them in Matters concerning his Estate and Dignity and that he had ever endeavoured by this and the like ways to procure and cherish the Love of his People towards him So he does hope and his Hope exceeded by Faith that never any King was more beloved by his People c. Let any Man compare this with what the King said and did last Parliament and after and judg of the Sincerity of this part of the King's Speech especially when he remembred himself better when in his last Speech to this Parliament he boasted he had broken the Necks of three Parliaments which were all that were in his Reign but this But these were but Generals of which he complains afterwards having learn'd it of his Scholar Buckingham in particular he asks their free Counsels in the Match of his Son the debating of which last Parliament gave him so great Offence Now at this time the King had broke off the Match in Spain and was treating another with France which was greedily entertained in the French Court and some Progress made in it of which the King never that I can find or do believe mentioned one word to the Parliament The next Particular which the King communicated to them was of his Scholar but now his Master Buckingham in whom he the King ever reposed the most Trust of his Person that he should be ever present with the Prince in Spain and never leave him till he returned again safely to him which he did tho not with that Effect of the Business expected yet not without Profit for it taught him the King this point of Wisdom Qui versatur in generalibus is easily deceived and that Generality brings nothing to good Issue but that before any Matter can be fully finished it must be brought to Particulars for when he thought the Affair had been before their going reduced to
might not another Parliament upon better Information alter what the Parliament 21 Jac. had done Which neither of these Parliaments did but granted and voted him and his Father greater Supplies than ever before were given to any of his Predecessors in three-fold the time But when the King enter'd into a View of his Treasure he found how ill provided he was to proceed effectually with so great an Action It seems by this one Action the King only designed the War against Spain But why does not the King set forth the Causes why his Treasure was so ill provided It was not ten Months before his Father's Death that the Parliament 21 Jac. which gave his Father three Subsidies and three Fifteenths was adjourned and his first Parliament gave him two Subsidies more within two or three Months after his Father's Death And what came of all this but the raising ten thousand Foot and two thousand Horse under Mansfield the Expedition against the Rochellers and to Cadiz to neither of which latter he was ever invited by his Father or any Parliament The King makes the â—lague to be the Cause of the Dissolution of the Parliament at Oxford yet he might as well have secured the Members by a Prorogation as Dissolution And in this Parliament he tells how the House of Commons voted him three Subsidies and three Fifteenths and after four Subsidies and three Fifteenths and of the Letter he sent them the 9th of June to speed the passing these Supplies and how that the House being abused by the violent and ill-advised Passion of a few Members never so much as admitted one Reading to the Bill of Subsidies but voted a Remonstrance or Declaration which they intended to prefer to him tho palliated with glossing Terms containing many dishonourable Aspersions upon his Majesty and upon the sacred Memory of his deceased Father which his Majesty taking for a Denial of the promised Supplies upon mature Advisement he dissolved them But from whence should this mature Advisement come We do not find the Privy Council had any hand in it and the House of Lords petitioned against it But lest the Credit of this Declaration should not find Faith enough against the Commons Representatives the King sends a Proclamation after it wherein he takes notice of a Remonstrance drawn by a Committee of the late Commons to be presented to him wherein are many things to the Dishonour of himself and his Royal Father of blessed Memory and whereby through the sides of a Peer of this Realm they wound their Soveraign's Honour and to vent their Passions against that Peer and prepossess the World with an ill Opinion of him before his Case was heard who hinder'd it had scatter'd Copies of it Wherefore the King to suppress such an unsufferable Wrong upon pain of his Indignation and high Displeasure commanded all who had Copies thereof to burn them But why was not the Duke's Cause heard and who dissolved the Parliament to prevent it Had not the Earl of Bristol answered every Particular of the King 's and Duke's Charge against him And was there not an Order of the House of Lords the Duke should answer the Earl's Charge against him Where is this Answer to be found and why was it not Now see the Justice of this King and how he made good his Promise in his Declaration that he would so order his Actions as should justify him not only in his own Conscience but to the whole World for the very Day the Parliament was dissolved he committed the Earl of Bristol Prisoner to the Tower and left the Duke free to pursue his ungodly Designs Here I 'll stay a little and add this Augmentation of Honour to the Escutcheon of this noble Earl notwithstanding this Usage For when the Long Parliament in 1640 had put a full Stop to the King 's Absolute Will and Pleasure which if it had not God only knows where it would have ended and after that this King's Flatterers and Favourites his Lord Keeper Finch and Secretary Winde-bank had run into other Countries to save themselves from being hanged in this and that the Earl of Manchester after he had flatter'd this King and his Father in all the Shapes of Earl Viscount Baron Lord Chief Justice Lord Privy Seal Lord Treasurer and Lord President of the Council and his Son and the Earls of Pembroke and Holland and both the Sir Henry Vanes Father and Son and Sir Henry Mildmay c. sided with the Parliament against the King yet this noble Earl followed the King in all his Adversity however he had been persecuted by him in his Prosperity The late Keeper as he gave his Opinion against the War with Spain in King James's Reign so did he against the Expedition against Cales in this King's Reign his Reason was which you may read in the second Part of his Life fol. 65. That the King must make himself sure of the Love of his own People at home before he bid War to such a rich and mighty Nation But the Keeper's Counsels were as much feared and hated by the Duke as Bristol's and the Commons Articles were against him and therefore he resolved to be rid of them all and pursue the King 's and his own Designs without any Controul and the very same Day the Parliament was dissolved he caused the Earl of Bristol to be committed to the Tower as you may see in Stow's Chronicle fol. 1042. Nor would he have his Renown and Valour less known abroad than his Justice at home and France shall now be the Theatre upon which he will act it in spight of Spain or the Parliament and Nation of England without whose Assistance he will act Wonders by his own Power and in Vindication of his own Honour however some Cause must be shewed by others since the Duke concealed the true Cause Rushworth fol. 427. makes the Causes of this War to begin between the Priests of the Queen's Family and the Bishops by Articles of Agreement upon the Marriage and that the Pope had declared them Apostates if they should seek for any Establishment from the King being an Heretick and that the Queen sided herein with the Priests against the King and that Unkindnesses hereupon grew between them so as the King informed his Brother of France he could no longer bear them And much to this purpose has Mr. James Howel in the Life of Lewis XIII fol. 75. But these were but Pretences for this War the Cause was of another Complexion And herein we will cite the Authority of the great Nani who had better Means to enquire into the Causes than either Rushworth or Howel and was not biass'd by Interest Affection or Flattery You have heard before of the Emulation between Richlieu and Buckingham and of their Inclinations for the Queen's Favour and of the Queen 's noble Aversions to them both but I think Nani was therein a little mistaken for if I be not misinformed as I think verily I
thereunto that altho he granted Commissions for collecting certain Duties and Customs due by Law yet made none for receiving the Subsidies of Tunnage and Poundage till it was granted in Parliament Since his time all Kings and Queens have had such Grants for Life by the free Love and Good-will of the Subjects but whensoever the People have been grieved by laying on any other Imposition or Charges upon their Goods and Merchandise without Authority of Law which has been very seldom yet upon Complaint in Parliament they have been relieved saving in the time of your Royal Father who having through ill Counsel raised the Rates and Charges upon Merchandise to that height at which they now are yet he was pleased so far to yield to the Complaint of his People as to offer That if the Value of such Impositions as he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any more which Offer the Commons did not yield to Nevertheless your Loyal Commons in this Parliament out of special Zeal to your Majesty's Service and especial Regard of your pressing Occasions have taken into their Consideration so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the Defence of your Realm and your Subjects by being more secure from all undue Charges be more encouraged chearfully to proceed in Trade by Encrease whereof your Majesty's Profit and likewise the Strength of the Kingdom would be much augmented But being now not able to accomplish this their Desire there is no Course left to them without manifest Breach of their Duty to his Majesty and Country save only to make this Declaration That the receiving Tunnage and Poundage and other Impositions not granted by Parliament is a Breach of the Fundamental Liberties of this Kingdom and contrary to your Majesty's Royal Answer to the Petition of Right The King who had so unwillingly heard the Commons Remonstrance against the Duke before the Bill of Subsidies was passed both Houses now it was past both Houses was resolved to hear no more of this and therefore when this Remonstrance concerning the Tunnage and Poundage was engrossed and reading in the House the King sent for the Speaker and the House to the House of Lords where the King came so unexpectedly that the Lords had not put on their Robes nor had the Commons given the Speaker any Order or Direction to deliver the Bill of Subsidies neither was it brought down to the Commons again as is usual When the Commons came to the Lords House the King said It may seem strange that I come so suddenly to end this Session before I give my Assent to the Bills I will tell you the Cause tho I must avow that I owe the Account of my Actions to God alone It is known to every one of you that a while ago the House of Commons gave me a Remonstrance how acceptable every Man may judg and for the Merit of it I will not call that in question for I am sure no wise Man can justify it Did ever any King of England but this King's Father and himself treat a Parliament or either House at this rate before At the opening of the Parliament he calls them Fools if they would not do as he would have them and now he tells the Commons No wise Man can justify their Advice to him I 'm sure a wiser Man than this King or his Father says He that wins Souls is wise and if you convert the Proposition He that provokes them is otherwise Heretofore the Kings of England and I believe all prudent and civiliz'd Princes ever forbore to give any Petitioners harsh Language if their Petitions did not please their usual Answer was The King will consider or be advised upon them One great End of the Meeting of Parliaments is truly to represent to the King the State of the Kingdom which is rarely done by Flatterers and Favourites whose Interest is contrary to that of the Kingdom and if any thing be done in Prejudice of the King and Kingdom that both may be redressed in Parliament In the Commons Remonstrance to the King they set forth the weak and dangerous State of the Kingdom equally dangerous to the King and Kingdom in six several Particulars Does the King either answer or deny any one of the Particulars otherwise than that he is sure no wise Man can justify their Remonstrance But tells no Reason for this nor from whom he had this Assurance Was ever any King or Man so great as to be above his Interest or less for being well advised in all his Actions Nay ought not not only every King but other Men be so much more careful and advised in all their Actions by how much greater they are The King goes on and says Now since I am truly informed that a second Remonstrance is preparing for me to take away the Profit of Tunnage and Poundage one of the chief Maintenances of my Crown by alledging I have given away my Right thereto by my Answer to your Petition So that here the King hath true Information of that but says not how he was truly informed which was not in being for the Remonstrance was not passed the Commons when the King came into the House of Lords so that it may more probably be the King is not truly informed of this Remonstrance I 'm sure he is misinformed if the Remonstrance as it is printed in Rushworth and Franklin be true that the Commons alledged that the King had given away his Right to the Customs by his Answer to the Petition of Right For the Commons denied there that either he or any of his Predecessors before him which was long before the Petition of Right had any Right to them before they were granted by the free Gift of the Subject Tho the King would take the Customs to which he had no Right yet would he not permit the Commons to sit till they could perfect a Bill to give him Duties upon Tunnage and Poundage without which no King of England before him claimed any other Right But since the King says in his Declaration for the Dissolution of the Parliament that his Predecessors time out of mind have had these Customs but says not who told him so it 's fit to see when and what Customs of Tunnage and Poundage were taken and for what end and how they were taken Sir Edward Coke in his fourth Institute of the High Court of Parliament fol. 32. out of Records makes thirteen Observations upon the Subsidy of Tunnage and Poundage 1. Of Poundage only at 6 s. in the Pound for two Years upon Condition c. And this was 47 Edw. 3. 2. 6 d. for Poundage 2 s. for Tunnage of Wine hac vice This was 6 Ric. 2. 3. 6 d. of every Pound of Merchandise 2 s. of every Tun of Wine upon Condition
write a Mercenary Treatise called Mare Liberum wherein he will not allow the King to have any Title to the Soveraignty of the British Seas or his Subjects any more Right to fish in them than the Dutch or any other Nation But how consistible this Treatise is to Truth Antiquity the sacred Scriptures or to Grotius himself or to the Practice of his Country-Men is now fit to be enquired into And since I have as well as I can asserted the Laws and Constitutions of my Country at home I will with that Sincerity that becomes an English-man endeavour to vindicate the Honour of it abroad especially in our King's Soveraignty of the British Seas which Grotius so absurdly in his Mare Liberum endeavours to rob them of An Answer to Grotius his Mare Liberum wherein is shewed how often he contradicts himself how ignorant he is in all Principles and Methods in Reasoning and how impossibly contrary his pretended Arguments are to Sacred History and all antient Authority But before we enter hereupon it 's fit to see how the Case stood before Grotius wrote his Mare Liberum as well in reference to the King of England's Claim as how the Case stood between the King and Dutch when Grotius wrote his Mare Liberum And that we may avoid the endless Confusions which Grotius above all other Writers abounds in I require these Premises First That God made all things in the Waters as well as upon the Earth for the Use of Man Secondly That no Man upon the Waters as well as on the Earth did live out of Society Thirdly That in Society the Offices of commanding and obeying are necessary Fourthly That Anarchy is as abhorrent among Men upon the Waters as upon the firm Land and as impossible for Men to subsist in the one as in the other Fifthly Piracy by Sea is a Crime equal to Theft by Land Sixthly Killing a Man by Sea without lawful Authority is a Crime equal to Murder by Land Note Grotius answers not one of these Principles nor shews by any Authority when or where the Dominion of the Seas was by Usurpation Whereas the contrary has been practised by Kings and States as old as there are Records of any times but only feigns Premises not only contrary to the Authority of sacred History and all Antiquity but such as are absurd blasphemous and impossible considering the Nature of Man But these are not said in his Mare Liberum but in his Preface and Treatise of War and Peace So that to have answered these in this Treatise would have swelled it to a much greater Bulk than intended but if God please I shall hereafter answer these in a Treatise by it self The Principles thus premised we proceed to enquire what Soveraignty the Kings of England have claimed in the British Seas bordering upon England and Ireland since that Kingdom became subject to the Crown of England and leave it to unbiassed Readers whether the Kings of England claimed any thing contrary to any of these Premises The Claims which the Kings of England make to the Soveraignty of the British Seas are threefold 1. To protect their Subjects in all their just Employments upon the British Seas from all Hostility by Enemies whereof the Fishing in these Seas are the chief 2. To prevent Hostility by other Nations in these Seas 3. To receive an Acknowledgment from all Nations for their Protection in these Seas by striking their Flag in Submission to the King's Men of War which protect them By this Dominion of the British Seas the Kings of England more secure their Subjects from foreign Invasion than any other Potentates in the World how great soever their Territories are can do I will not swell this Treatise with what Mr. Selden Sir John Burroughs Mr. Camden and others have written of the Kings of England being possest of these Rights by immemorial Prescription and of the Maritime Laws they have made as well in reference to their Subjects as Foreigners nor of the Treaties they have made with Foreign Princes and the Compositions they have made for Licence to fish in the British Seas before the Dutch Government was formed into States nor was ever these Rights disputed by any of them before Grotius did this Year Nor is this Dominion in the Seas new in the World but as old is any Records of Time for of old the Egyptians Phenicians and Athenians enjoyed it and set Bounds to other Nations how far they would permit Nations to trade in them Sir Walter Rawleigh in his History of the World at large sets forth the long Wars between the Romans and Carthaginians in the first Punick War for this Dominion and the Romans being often beaten by the Carthaginians resolved to desist further Contention herein till they found that it was to little purpose to strive to extend their Dominion by Land if the Carthaginians were Masters at Sea So that the Dominions of the Seas which beat upon the Shores of Princes are not new or only usurped by the Kings of England but used by other Princes and States of old From more antient to descend to more recent times the Veâ—etians claim the Soveraignty in the Adriatick Gulf tho the Venetian Territories on either side of it are not one sixth part of it and cause all Ships even of the King of Spain and Great Turk whose Territories on both sides the Gulf are fivefold more than the Veâ—etians to pay Customs and other Duties In the Year 1630 Mary the Sister of the Queen of Spain being espoused to the Son of the Emperor Ferdinand the Vice-Roy of Naples provided a great Fleet to transport her to Triesti but tho the Venetians were involved in a War abroad and infected with a Plague at home they would not permit it but conveyed her by a Fleet of their own See Jo. Palatius de Dom. Maris l. 2. c. 6. In the Year 1638 a Turkish Fleet entring the Gulf without Licence was assaulted by the Venetian Admiral who sunk divers of their Vessels and forced the rest to fly to Valona and there besieged them tho the City and Port were in the Dominion of the Great Turk yet tho a dangerous War was like to have ensued hereon the Venetians rather than lose their Dominion insisted on their Right and concluded an honourable Peace with the Turk wherein it was agreed That as often as any Turkish Vessels did without Licence enter the Gulf it should be lawful for the Venetians to seize upon them by force if they would not otherwise obey see the Justification of the second Dutch War by K. Charles II. pag. 58 and the Grand Signior prohibits all Nations except his Vassals to enter the Euxine or Black Sea as also the Red Sea Dr. Stubbe in his Justification of King Charles the Second's Dutch War pag. 126. says the Danes and Norwegians would not permit either Fleming or English to fish near Schetland without Licence previously obtained and if any presumed
so grave an Author as the Bishop of Litchfield had not reported it in the Bishop of Lincoln's Life See the second Part fol. 138. The Writs for Ship-Money are now issued out the Proceedings against the Officers for not collecting the Assessments as Constables Bayliffs and other Officers were to bind them over to answer at the Council-board and Commitment if any refused to give Bond but if Sheriffs neglect to collect all such Assessments in their Year they shall stand charged with the Arrears Thus things at present stood but the breaking the Bounds of the Forests was but in Embrio yet in a hopeful Production Thus things stood in the State about the end of the Year 1634. In the Church the Arch-Bishop had the sole Supremacy not only in England but in Scotland having got a Warrant from the King to hold Correspondence with the Bishops and also in Ireland being chosen Chancellor of the University of Dublin and having got Sir Thomas Wentworth to be Lieutenant of Ireland who was now as much his intimate Confident as Noy was before In England the Arch-bishop's Injunctions for wearing the Surplice receiving the Sacrament kneeling and placing the Communion-Table Altar-ways and railing it about c. were vehemently prosecuted with the opprobrious Names of Puritan and Schismatick fixed upon Nonconformists with Deprivations and Censures upon Lecturers and Chaplains who refused to come up to them if they did they must forsake their Patrons Patronesses and Flocks who provided them Bread so that they contended pro Aris Focis and otherways no Provision was made for them On the contrary they retorted on the Bishops and promoted Clergy with bitter Terms of Popishly affected and Rags of Superstition and Idolatry so that the Contentions all over the Kingdom were as fierce as in the Universities But it had been happy for this Nation if the Effects of these Contentions had been terminated in the Bounds of it For the Arch-bishop in his Metropolitan Visitation this Year 1634 summoned the Ministers of the Dutch and French Churches to appear before his Vicar-General where all the Natives viz. born in England were enjoined to repair to their several Parish-Churches to hear Divine Service and Sermons and perform all Duties and Payments required in that behalf The Descendants of those Walloons persecuted by Alva and of the French by Henry II. of France had for near ninety Years been allowed their several Congregations by Queen Elizabeth King James I and had the Royal Word of King Charles for enjoying of them But now at once they must be turn'd out of them When these Injunctions were to be put in Execution at Norwich the Dutch and French Congregations petitioned Dr. Matthew Wren that these Injunctions might not be imposed upon them but finding no Relief appealed to the Arch-bishop who return'd a sharp Answer that unless they would submit he would proceed against them according to the Laws and Canons Ecclesiastical Here take notice that as the Spanish Trade was the most enriching Trade to this Nation so the Trade to Hamburg and the Countries and Kingdoms within the Sound with our Woollen Mafactures was the best the English had for Employment of People Shipping and Navigation The Company which traded into the Sound was called the East-Country Company and Queen Elizabeth and after her King James to honour them called it the Royal Company This Trade the English enjoyed time out of mind and the Cloths which supplied it were principally made in Suffolk and Yorkshire And Ipswich as it was the finest Town in England and had the Noblest Harbour on the East and most convenient for the Trade of the Northern and Eastern Parts of the World so till this time it was in as flourishing a State as any other in England The Bishop of Norwich straining these Injunctions to the utmost frighted thousands of Families out of Norfolk and Suffolk into New-England and about 140 Families of the Workers of those Woollen Manufactures wherewith Hamburg and the Countries within the Sound were supplied went into Holland where the Dutch as wise as Queen Elizabeth was in entertaining the Walloons persecuted by the Duke of Alva established these English Excise-free and House-Rent free for seven Years and from these the Dutch became instructed in working these Manufactures which before they knew not The Consequence whereof shall be shewn hereafter But the Care of the Arch-bishop for Reformation of the Church of Scotland was not less than for that of England and to that end got the King to sign a Common-Prayer Book for the Use of the Church of Scotland and gave order to the Bishops there to compile certain Canons for the Government of the Church and there to be imposed by Regal and Episcopal Authority and to this end Laud held Correspondence with the Arch-bishop of Saint Andrews and other Bishops of Scotland Whilst these things were brewing in England and Scotland you need not fear Ireland now Sir Thomas Wentworth was Lieutenant there a most dreadful War overspread Germany and Philip the 4th a weak lascivious Prince reigned in Spain so as Richlieu had a fair Opportunity to subdue Monsieur the King's Brother and overthrow the Forces raised by the Duke of Momerancy to assist Monsieur wherein the Duke was unhappily taken Prisoner and had his Head cut off being a young Prince of greatest Hope the most antient of the French Nobility and the last of his Line But the Cardinal did not rest here but built more and better Men of War than had been before in France and Spain shall first find the Force of them in return of their Kindness in joining their Fleet with the French in relieving St. Martins in the Isle of Rhee besieged by the English And this Year 1634 Richlieu trickt Charles Duke of Lorain out of his Dutchy and the next the King of France proclaims open War against Spain by Sea and Land and in 1638 ten Years after the Spaniards joining with the French against the English the French besieged Fontaraby by Land which the Spaniards intending to relieve by Sea the Spanish Fleet is encountred by the French and beaten the French took eleven great Ships whereof six of them were richly laden for the Indies and burnt two Gallions upon the Stocks and six others entirely finished In the Ships taken besides their Equippage and other Ammunition of War the French took an incredible Number of Cannons 100 whereof were Brass with the Arms of the House of Austria upon them Afterward the French and Spanish Fleet fight in the Mediterranean Sea where the Spaniard is again beaten by the French and by Land the French take from the Spaniard Landrecy Beaumont and de la Valette in the Spanish Netherlands Perpignan the Key of Spain on the Foot of the Pyrenean Hills in the Country of Rousillion and Barcelona a good Port and the capital City of Catalonia In England this Year 1635 there was great Contrivance between the Arch-bishop Laud and Bishops of Scotland
King James and all the Houshold and afterward King Charles in 1633 being crowned at Edinburgh where the Form ordained by the King was observed and the King swore to observe the Reformation as it then stood But some Alterations were made by King James in 1610 and by the five Articles of Perth in favour of the Bishops and more conformable to the Church of England King James who loved the Presbyterians in Scotland no better than the Puritans in England Anno 1610 called a General Assembly at Glascow wherein these Conclusions were enacted 1. That the Indictions of General Assemblies belong to the King by the Prerogative of his Crown 2. That Synods be kept twice in the Year to be moderated by the Arch-bishop and Bishop of the Diocess 3. That no Excommunication or Absolution be pronounced without the Knowledg and Approbation of the Bishop of the Diocess 4. That the Presentation of Benefices for the time to come by Death or Lapses be directed to the Arch-bishop or Bishop of the Diocess 5. That in Deposition of the Ministers the Bishop do associate himself with some of the Ministers within the Diocess 6. That every Minister at his Admission do swear Obedience to his Majesty and his Ordinary 7. That the Visitation of the Diocess be made by the Bishop himself but if the Diocess be too great by such a worthy Minister of the Diocess as the Bishop shall appoint 8. That no Convention of Ministers be moderated by the Bishop or a Minister named by him No Minister to speak against any of these Conclusions This Year also King James not well pleased with Presbyterian Ordination caused the Arch-bishop of Glascow the Bishops of Brichen and Galloway to be re-ordained in England by the Bishops of London Ely and Bath and also erected a High Commission in Scotland for ordering Ecclesiastical Affairs which you may read in Spotswood's History of the Church and all these were ratified by the Parliament holden at Edinburgh 1612. But King James did not stay here but propounded to have these five Articles to be passed the General Assembly in Scotland 1. That the Sacrament be received Kneeling 2. That the Sacrament be not denied Dying Persons desiring the same 3. That Baptism be not deferred longer than till next Sunday after Birth unless there be reasonable Cause to the contrary 4. That apposite Sermons be made upon the days of Christ's Birth Passion Resurrection Ascension and sending the Holy Ghost 5. That the Minister in every Parish catechize Children so as to be qualified to be confirmed by the Bishop in his Visitation These five Articles with some Difficulties passed the General Assembly at Perth 1618 which were agreed to by a Parliament convened at Edinburg 1621. Thus the Church stood in Scotland when the Arch-bishop Laud would make it conformable in all Points to that he was now establishing in England The first Step he moved herein was by preferring the Bishops in Scotland in almost all Preferments before the Nobility so that of thirteen nine were Privy-Counsellors and Spotswood Arch-bishop of St. Andrews was Chancellor and others were of the Exchequer and Maxwell Bishop of Ross contended with the Earl of Traquair to be Lord-Treasurer and were Sticklers to have Tithes and Impropriations and the Abbots Lands to be restored to the Church and the Weekly Meetings of the Ministers are termed Conventicles by the Bishops Tho the Doctrine of the Church of Scotland were Calvinism yet all Countenance and Encouragement by the Bishops were given to the Professors of the Arminian Tenets So that the Brawls and Contentions about them were as high in the University of St. Andrews as in Cambridg and Oxford There had not been one General Assembly since that of Perth 1618 when in 1637 the Common-Prayer Canons and High-Commission were imposed by the King 's and Bishop's Authority and besides the High-Commission the Bishops had Warrants from the King to grant Commissions in their several Diocesses to name Assessors Ministers and Gentlemen which might punish Offenders And tho the Common-Prayer mutatis mutandis was the same with the English yet in the Administration of the Sacrament the Form was the same in the Mass without the Exhortations in the English Common-Prayer The first Trial how passable they would be was upon Easter-day the Service was read at Edinburgh when no Tumult followed but when it was next read the 23d of July following all the City was in an Uproar and the next day the Lords of the Council issued out a Proclamation to discharge the Tumults of the People upon pain of Death yet divers Ministers at Edinburgh opposed the reading of the Common-Prayer and petitioned the Council against it Harvest coming on all things seemed quiet but at the end of it Edinburgh swelled with all sorts of People the Council fearing whereto this Concourse would tend by three Proclamations commanded all sorts of People not Inhabitants or not having Business to depart upon Penalty of Horning and Rebellion Instead of Obedience the Women and Children petition the Council against the Common-Prayer-Book and soon after the Noblemen Barons Ministers Burgesses and Commons which were sent to the King who commanded the Privy-Council to signify his Majesty's Aversness to Popery and Superstition In this Confusion the Earl of Traquair Treasurer and Roxborough Privy-Seal go to the King for Instructions how to proceed their Instructions were to remove the Session or Term to Sterling and by Proclamation to forbid all Persons coming to Sterling unless they declare the cause to the Council and procure a Warrant for the same upon Penalty of High-Treason This Proclamation was encountred by a Protestation of Noblemen Barons Ministers and Burgers at Edinburgh against the Roman Idolatry and Superstition the Common-Prayer-Book Canons and High-Commission And they enter into a solemn Covenant to maintain the Confession of Faith subscribed by the King's Father and his Houshold 1580 and after by all Ranks of People 1581 to which they swear a mutual Defence of one another against all Opposers and to this purpose they erected Tables or Persons to take Subscriptions of all sorts of People Traquair could not stem the Tide and so acquainted the King herewith who sends the Marquess Hamilton his Commissioner with Instructions one way or other to compose these Disorders When he came into Scotland he first demanded of the Covenanters what they required of the King for accommodating their Grievances Secondly What might be expected from them for returning to their former Obedience especially renouncing their Covenant But nothing would content them but a General Assembly and free Parliament they forbid him the use of the Common-Prayer in the King's Chappel and admonish him and the Council to subscribe their Covenant These Proceedings running so high the Marquess durst not pursue his Instructions being sure they would be affronted The Marquess gives the King an account of these things and desires further Instructions which were to gain time till the King could get a
told them that the King of his Grace and Favour upon their granting 12 Subsidies to be paid in three Years would forbear levying Ship-Money and abolish it and for their Grievances they should rely upon his Royal Promise and give as much time now as may be and after at Michaelmas next and that the King expected a positive Answer Hereupon the House was turned into a grand Committee and spent the whole Day upon the Message but came to no Resolution and desired Sir Henry Vane to acquaint the King that the House would next day proceed upon the King's Supply But next Morning early Secretary Windebank in actual Correspondence and Conspiracy with Richlieu's Chaplain for subverting our Religion and introducing Popery commanded the Speaker to Whitehall and the same Day the King dissolved the Parliament and the next Day the Lord Brook's Study Cabinet and Pockets were searched for Papers and Mr. Bellasis and Sir John Hotham were convened before the Council to answer concerning Passages in Parliament and giving no satisfactory Answer were committed Prisoners to the Fleet till further Order from the King and Council and Mr. Crew was committed close Prisoner to the Tower till further Order from the Council and no Cause shewed in either of these Warrants The greatest Objection against Hereditary Monarchy is that Princes Ears are always open to Minions Flatterers and Sycophants whereby they rarely understand the state of their own Affairs or of their Subjects To attemper this the Wisdom of our Constitution ordains That Parliaments be frequently held to represent to the King the state of the Nation and so to inform him of Grievances that they may be redressed And so inviolably has this mutual Correspondence between the King and Parliament been observed in all Ages that I do not believe any King or Queen of England and of the English Race since Henry 3. ever dissolved one Parliament in Displeasure before King James whereas of eight Parliaments these two Kings of the Scotish Race dissolved seven in Displeasure Yet never did Parliaments in any Reign demean themselves more chearfully to any King than to these two and I challenge any one to shew that in any one respect they intrenched upon any just Prerogative of either of these Kings or did any Act not warranted by former Precedents It 's true Queen Elizabeth would not endure to have the Parliament to meddle with the state of the Church as 't was established nor hear of declaring a Successor and when either of these were moved contrary to her express Order she would commit the Members but easily dismiss them otherwise I believe in no Age any Member of Parliament was ever committed or censured by any King of England before King James for debating or reasoning of the state of the Nation or Church In the 20th of Edward 3. John of Gaunt the King's Son the Lords Latimer and Nevil were accused in Parliament for misadvising the King and were sent to the Tower for it and Henry 4. Rot. Parl. 5. upon the Complaint of the Commons against four of his Servants and Counsellors that they might be removed declared openly That tho he knew nothing against them in particular yet he was assured that what the Lords and Commons required of him was for the Good of himself and Kingdom and therefore he banish'd them and at the same time declared he would do so by any other who should be near his Royal Person if they were so unhappy as to fall under the Hatred of his People Whereas this King tho the Duke of Buckingham were accused of more Crimes in Parliament than is recorded of Pierce Gaveston and the Spencers in 2d's time and of the Duke of Ireland Tresilian and Belknap in 2d's time and of the Death of this King's Father to boot yet rather than the Duke shall be brought to Trial the King dissolves the second Parliament of his Reign And in his Declaration for dissolving the three Parliaments calls the questioning his Ministers an Invasion upon his Prerogative and that through them they endeavoured to wound their Soveraign's Honour and Government Since the Statute De Tallagio non Concedendo in the Reign of Edward the I I think no mention has been made that ever any King of England taxed the Subject before this King and his Father except Edward the IV by Benevolence for which his Memory is bitterly stained in the Parliament-Roll of the second Chapter of Richard the III tho it be not in the printed Statutes and by a Loan demanded in the Reign of Henry the VIII by Cardinal Wolsey the raising of which had near raised a Rebellion which when it came to the King's Ear he laid the Blame upon the Cardinal and said he would not rend his Subjects from the Law and forbid further proceeding in it Arch-bishop Abbot excepts against his Licensing Sybthorp's Sermons for that the King 's taxing Loans by his own Authority was neither by the Laws nor Customs of England the King in his Answer says He did not stand upon the Laws and Customs of England for he had a Precedent for it and would insist upon it The Arch-bishop replied He thought it was a Mistake and feared there was no such Precedent and that Henry the VIII desired but the sixth part of Mens Estates but the King required the full six Parts so much as the Men are set at in the Subsidy-Book And when the Commons in the third Year of his Reign made a Remonstrance against the King's taking Tunnage and Poundage not granted by Parliament the King calls this a detracting from their Soveraign and commands all who have or shall have any Copies of it to burn them upon Pain of his Indignation and high Displeasure The King for Causes of dissolving this Parliament the last he shall ever dissolve begins with the usual Stile That he well knows that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to his Imperial Crown of which he is not bound to give any Account but to God alone no more than of his other Regal Actions But quid gloriaris Did ever any King of England say this before his Father and himself Or in what common-Law or Acts of Parliament is this to be found Or if he had such Power Why does the King so often boast of it Sure it had been better done by another than himself Is this a time of day when this Prince had lost all his Honour abroad to magnify himself that he has Power to dissolve Parliaments at home and thereby obstruct those Ways by which he might unite himself to his Subjects and then glory that he is only accountable to God for all his Actions Nebuchadnezzar's Boast Is not this the Babel which I have built was but a Bauble to this He said this but once and God sent him seven Years among Wild Beasts and he saw his Pride and he repented This King upon all Occasions makes his Boasts but I do not
Never was Nation shuffled into such unhappy Circumstances for to join the King was to return to his Prerogative Royal and Absolute Will and Pleasure and I have oft heard several of those who followed the King in the War say They as much dreaded the King's overcoming the Parliament-Party as they feared to be overcome by them And the Houses had broken the Fundamental Constitution of the Nation so as no Man could tell where they would stay Now are things brought to that pass Richlieu design'd them viz. England and Ireland in Civil Wars and Scotland Pensioners to France so as he might now securely carry on his Designs of advancing the Grandeur of France without any Fear of Disturbance from hence And now you may see the miserable Condition the King's Minions and Favourites had brought upon the King and all his Kingdoms Yet it is observable how great the Loyalty of the Nobility and Gentry was to the King that from so low Beginnings in all Appearance they would have subdued the Parliament-party if the Scots next Year had not come to their Assistance whereas in the Reigns of Edward the 2d and Richard the 2d though the Grievances of the Nation were more in one Year of this King's Reign than in both their Reigns yet both were expelled and lost their Lives their Subjects not drawing a Sword in their Defence An Apology BEfore we enter upon the War between the King and Parliament it will not be amiss to enquire into the Causes of it and who first began it and whether the King or Parliament or both designed it And I am the rather induced hereto because I am told that I have unjustly charged the Parliament with beginning the War and that the contrary appears by a Treatise written by Tho. May Esq of the Causes and Beginning of the Civil Wars in England So that the Question between us is not who first designed the War but who began it But because Designations and Intentions precede Action I will begin so far as appears to me Whether the King or Parliament first designed this War or whether it were not intended by both And give me leave to shew a little of Mr. May's Partiality in the Business I say Mr. May is partial where page 13 he says after the Pacification made with the Scots 1639 that when the King came to London his Heart was again estranged from the Scots and Thoughts of Peace he commanded by Proclamation that Paper which the Scots avowed to contain the true Conditions of the Pacification to be disavowed and burnt by the Hands of the common Hangman So that he makes the Scots Parties and Judges in their own Case without mentioning the Articles of the Pacification or what the Scots avowed to contain the true Conditions of it We will therefore set forth the Articles of the Pacification and let another Judg whether the Scots observed them or had any Thoughts of Peace The Articles were 1. The Forces of Scotland to be disbanded within 24 Hours after the Agreement 2. The King's Castles Ammunition c. to be delivered up 3. His Ships to depart after the Delivery of the Castles 4. All Persons Ships and Goods detained by the King to be restored 5. No Meetings Treaties or Consultations to be by the Scots but such as shall be warranted by Act of Parliament 6. All Fortifications to desist and be remitted to the King's Pleasure 7. To restore to every Man their Liberties Lands Houses Goods and Means The Articles were signed by the Scots Commissioners and a present Performance of them on their Parts promised and expected The King justly performed the Articles on his part but the Scots kept part of their Forces in being and all their Officers in pay and the Covenanters kept up their Fortification at Leith and their Meetings and Councils and inforce Subscriptions to the late Assembly at Glasgow contrary to the King's Declaration they brand those who had taken Arms for the King as Incendiaries and Traitors and null all the Acts of the College of Justice as you may read in Mr. Whitlock's Memoirs f. 29. So that tho the King performed all the Articles of Pacification on his Part the Scots performed not one on their Part. Nor did the Scots stay here but published a Paper very seditious against the Treaty which is that which Mr. May speaks of I do not find the Copy of it but even Mr. Whitlock no great Friend to the King's Cause calls it so Nor did the Scots stay here but levied Taxes at ten Marks per Cent. and made Provision for Arms as you may read in Sir Baker's History f. 408. and more at large in the second part of Rushworth's Collections and all this before the King commanded the Scots Paper to be burnt by the Hand of the Common Hangman And therefore the King justly commanded the Scots Paper to be burnt by the Hand of the common Hangman And Mr. May says The honest People of both Nations began to fear another War But why does Mr. May say the honest People began to fear another War Was it honest in the Scots to break all the Articles of the Pacification to keep their Forces in a Body and their Officers in Pay contrary to the Pacification to raise Taxes and make Provision of Arms and after all these honest Men to begin to fear another War Mr. May goes on and says The King in December told the Council he intended to call a Parliament in England in April following But rational Men did not like it that it was deferred so long and that the Preparations for a War in Scotland went on in the mean time The last part is gratis dictum by Mr. May nor does he mention any Preparation for a War in any one particular nor do I find this said by any other But admit the King had made Preparation for a War with Scotland yet by all Laws of God and Man the King might justly have done it after the Scots had broken all the Articles of Pacification kept an Army on foot against it levied Taxes by their own Authority and made Provision of Arms without the King's Authority which besides the Perfidiousness of the Scots is Treason in the highest degree And I would be glad to be informed by what other means the King could vindicate his Honour or relieve his oppressed Subjects otherwise than by a War Mr. May goes on and says They these rational Men were likewise troubled that the Earl of Strafford Deputy of Ireland a Man of deep Policy but suspected Honesty one whom the King then used as a bosom Counsellor was first to go into Ireland and call a Parliament in that Kingdom And what then Why might not the King call a Parliament in Ireland as well as in England or Scotland And if these rational Men did not like it as he says that a Parliament should be deferred so long in England why should these rational Men be so troubled that the King
Kingdoms of England Scotland and Ireland and Destruction upon the King when is was not in the Power of those which first raised the War against him to save his Life which they would have done I am told that the last Part of this Paragraph is an unjust Charge upon the Parliament in that they acted defensively in this War and that the King first raised Arms and this by the Authority of Mr. May. If I be mistaken I have the Authority of him who could best know I mean the King at his Death who declared That he never did begin the War with the two Houses of Parliament as all the World knows that they began with him it was the Militia they began upon they confest that to be his but they thought fit to have it from him and to be short if any body will look into the Dates of those Commissions theirs and his and likewise to the Declarations they will see clearly that they began these unhappy Troubles not he See Whit. Mem. f. 369. a. and all the Writers of those times If this be not Authority sufficient to shew the Parliament began the War the first Scuffle between the King and Parliament was about the Business of Hull where the Parliament had committed the Charge of the Town and Magazine to Sir John Hotham one of the Members of the Commons who was sent down thither to remove the Magazine to London but the Country of York petitioned it might still remain at Hull for securing the Northern Parts especially the King residing there Hereupon the King taking a Guard of his Servants and some Neighbouring Gentry upon the 23d of April went to Hull but contrary to Expectation found the Gates shut and the Bridges drawn up by Sir John and his Entrance denied though but with 20 Horse which so moved the King that he proclaimed Hotham a Traitor and sends to the Parliament for Justice against him To this the Parliament return no Answer but justify Sir John Hotham and order that the Sheriffs and Justices of the Peace do suppress all Forces which shall be raised or gathered together against Hull or to disturb the Peace nor did they stay here but put the Power of the Militia in Persons nominated by them excluding the King in ordering any thing together with them and authorized Hotham by his Warrants to raise the trained Bands in Yorkshire to march with their Arms into Hull where he disarmed them and turned them home again See Whit. Mem. f. 55 56. So I submit this to Judgment whether this was not raising Arms against the King being done by Subjects and contrary to the King's Command and if the King did encrease his Guards yet this was subsequent to the excluding the King from having Power in the Militia and Hotham's Raising Arms and Disarming the Trained Bands of Yorkshire Mr. May says p. 55. the Parliament being then intent upon settling the Militia by Land took care also to seize the Navy into their Hands and ordered the Earl of Warwick to be Admiral to put this in Execution but the King had chosen Sir John Pennington to that place instead of the Earl of Northumberland and sent a Command to the Earl of Warwick to resign the Place to him Pennington But the Earl chose rather to obey the Ordinance of Parliament and with great Courage and Policy got the Fleet into his Hands tho many of the Captains stood out against him but the Earl deprived them of their Commands and possest himself of the Ships taking shortly after another Ship called the Lyon of great Import coming out of Holland and laden with Gun-power which proved a great Addition to his Strength So here was a double Beginning of the War by the Parliament both in seizing the Fleet and taking the Lyon and this before the King committed any Act of Hostility And for the carrying on this War which Mr. May calls the Cause the Parliament upon the 10th of June made an Order for bringing in Money and Plate to raise Arms for the Cause and the Publick Faith for Repayment to them which brought it in So here the Parliament raised Money as well as Forces for carrying on the War before the King levied any And so I leave it to Judgment who first began the War Objection The Parliament raised Arms for their own Defence and Security of the Nation Answer This is said but of no kin to Truth or Reason for Men defend what they are possest of and the King was possest of the Militia and Fleet when the Parliament ravish'd both from him nor did the King use either against the Parliament when they invaded them Besides the King at least as he declared endeavoured to defend the established Religion and Laws of the Land whereas the Parliament contended to abolish the Established Religion and to exalt themselves above the Laws of the Land Objection 2. That the King had so often violated the Laws and Constitutions of the Nation and governed so Arbitrarily that the Parliament could have no Security for the future to prevent his so doing again so long as the King was possest of the Militia Answer The Case was not the same then when the King resolved to have no more Parliaments as now when the King had made this Parliament perpetual and had passed the Triennial Bill for Parliaments to meet whether he would or no And tho Favourites and Flatterers instill'd those things into the King when they were without any Fear or Apprehension of being questioned by a Parliament yet now the Parliament had so severely prosecuted and punished such Men and being perpetual or at least to meet Three Years after every Dissolution none would presume to advise the King in things derogatory to his Honour and the Interest of the Nation And now we proceed to the ensuing War The Parliament before the King set up his Standard at Nottingham Aug. 22 Voted That an Army should be raised for the Defence of the King and Parliament that the Earl of Essex should be Captain General of the Army and the Earl of Bedford General of the Horse The War began first between the Marquess of Hartford for the King in the West and the Earl of Bedford for the Parliament the Earl being worsted by the Marquess at Sherborn-Castle Goring got into Portsmouth and held it for the King but could not hold it long for the Country joining with Sir John Meyrick forced him to surrender who thereupon went into Holland and my Lord Say St. Johns and Weemen with Colonel Whitlock enter Oxford and keep it for the Parliament But the Face of Affairs soon changed for the King having made the Earl of Lindsey his General and the Parliament the Earl of Essex upon the 23d of October the Armies met and fought at Edghil with uncertain Victory which both sides claimed the Earl of Lindsey was mortally wounded and taken Prisoner the Right Wing of the King's Horse commanded by Prince Rupert brake the Left
Successes Sir Marmaduke Langdale about the Beginning of March routed a great Body of the Parliamentarians in Yorkshire and defeated the Army commanded by my Lord Fairfax which besieg'd Pomfret-Castle and from thence marched into Leicestershire and defeated a great Body of the Parliament's Forces commanded by Colonel Rossiter Anno Reg. 21. Dom. 1645. We begin this Year with the Self-denying Ordinance tho Mr. Whitlock and Sir Richard Baker differ a little in point of time Sir Richard Baker says it was this Year Mr. Whitlock 1644. But the Lords refused to concur with the Commons herein so as this Ordinance began with a Rupture between the two Houses so you 'll see it shall be the Ruin of the Parliament's as well as the King's Designs Mr. Whitlock made a fine and learned Speech against this Ordinance which you may read at large fol. 114 115. of his Memoirs The pretended Reason for this Ordinance was the Thinness of the House which by Employment in the War would render them much thinner To which Mr. Whitlock answered It might be supplied by filling up the Commons by new Elections He objected against the Ordinance the Examples of the Grecians and Romans who had the greatest Offices both of War and Peace conferred upon their Senators because they having greater Interests than others were more capable to do them the greatest Services and that by passing this Ordinance they would lay aside the General Essex the Earls of Warwick Denbigh and Manchester the Lords Willoughby and Roberts and of their own Members the Lords Grey of Growby and Fairfax Sir William Waller Cromwel Mr. Hollis Sir Philip Stapleton Sir William Brereton and Sir John Meyrick Tho the Commons passed the Self-denying Ordinance yet they dispensed with it in reference to Cromwel Skippon and Ireton and Sir William Waller Hereupon the Earls of Essex Denbigh and Manchester lay down their Commissions Here it 's observable That the Earl of Essex as he was the first which headed an Army against the King and whose Authority was so great that 't was believed if he had not done it the Parliament could not have rais'd an Army is now the first discarded by the Commons without giving any Reason In this new Establishment of the English Army Sir Thomas Fairfax was made General Cromwel Lieutenant-General and Skippon Major-General The Royalists conceived Mountains of Advantages to follow and that not improbably from the Divisions in the Parliament's Army which succeeded quite contrary For upon the 3d of April Fairfax having gathered his Army together at Windsor sent Cromwel with a Brigade of Horse and Dragoons to intercept a Convoy of Horse which Prince Rupert had sent from Worcester to fetch off the King from Oxford with a Train of Artillery to take the Field which Cromwel met at Islip and routed them took divers Prisoners and 200 Horse and from thence Cromwel march'd and took Bletchingdon-House commanded by Colonel Windebank Sir Francis's own Son by Surrender upon the first Summons for which Windebank was sentenced by a Court-Martial and shot to Death But Cromwel had not so good Success at Faringdon which he assaulted and was beaten off with the loss of 200 of his Men. The King understanding that Fairfax had a Design to besiege Oxford sent to Prince Rupert and General Goring to fetch him off which they did about the beginning of May and the King marched towards the Relief of Chester then besieged by the Parliament's Forces and Fairfax lays close Siege to Oxford The King relieved Chester and in his Return takes Leicester by Storm This put Fairfax to his Trumps so that if he continued the Siege of Oxford he would leave all the mid-land parts of England to the Mercy of the King So he raises his Siege and marches to fight the King's Army My Lord Astley was Lieutenant-General of the King's Foot whose Nephew was Sir Isaac Astley my Lord's eldest Brother's eldest Son who married a Cousin-German of mine and after the War was over my Lord Astley being at his Nephew 's in Discourse of the Wars my Lord told him That upon the Approach of the Parliament's Army the King called a Council of War where by the Advice of my Lord Astley it was resolved to march Northwards and destroy the Country Provisions and leave the Parliament's Army at their Election whether they would follow the King or besiege Leicester But next Morning quite contrary to the Order of Council Orders were given to prepare to fight the Parliament's Army when there was little time to draw up the Army so inconstant and irresolute was the King in this as of almost all his other Actions and so forward was the King herein that he marched to meet Fairfax's Army near Naseby in Northamptonshire This was upon Saturday June the 14th And if the Resolution to fight was inconsiderate and rash so was the Fight for Prince Rupert who commanded the right Wing of the King's Horse charged the left Wing of the Parliament's commanded by Ireton and routed them and wounded Ireton in the Thigh and as before at Edg-hill and Marston-Moor he pursued the Enemy so far that he left the rest of the Army exposed to the Assaults of the Enemy so here he followed the Chase almost to Naseby leaving the left Wing of the King's Army commanded by Sir Marmaduke Langdale open to be charged by Cromwel That which compleated the Parliament's Victory and the King 's utter Overthrow in this Fight was the not observing the Orders the Day before of the King's Retreat for Yorkshire being opprest by the Parliament's Forces Sir Marmaduke had Expectation of relieving the King's Party there which being cross'd by the Resolution of this Day 's Fight his Brigade as well as himself grew discontented so as he no ways answered the Gallant Actions which before he had atchieved And Cromwel having forced Sir Marmaduke to retreat joining with Fairfax charged the King's Foot who had beaten the Parliament's and got Possession of their Ordnance and thought themselves certain of the Victory but being in Confusion and out of Order and having no Horse to support them were easily over-born by Fairfax and Cromwel and so Fairfax's Army obtain'd a most absolute Victory over the King 's We hear no more of Prince Rupert in this Fight who 't was believed was the first Mover of it till of his Arrival at Bristol In this Fight the Earl of Lindsey the Lord Astley and Colonel Russel were wounded and 20 Colonels Knights and Officers of Note and 600 common Soldiers were slain on the King's side and 6 Colonels and Lieutenant-Colonels 18 Majors 70 Captains 80 Lieutenants 200 Ensigns and other Officers and 4500 common Soldiers were taken Prisoners 12 Pieces of Cannon 8000 Arms 40 Barrels of Powder 200 Carriages with all their Bag and Baggage with store of rich Pillage 3000 Horse one of the King's Coaches with his Cabinets of Letters and Papers And the King fled towards Wales If the King were unfortunate in the
assume to themselves the Supream Power of Ordering the English Affairs confirm the Vote of Non-Addresses to the King and raze the Votes of having a Conference with the King and the Declaration that the King's Concessions were a sufficient Ground for a Peace out of the Journals of the House And vote first that all Power resides in the People Secondly That the Power belongs to the Peoples Representatives in the House of Commons Thirdly That the Votes of the Commons have the Force of a Law without the King Fourthly That to take Arms against the Representatives of the People or the Parliament is High-Treason Fifthly That the King himself took up Arms against the Parliament and therefore is guilty of all the Blood shed in this Civil War and ought by his own Blood to expiate it The Nation was astonished at these Votes for the Person of the King of England was ever esteemed Sacred and therefore tho his Ministers were always accountable in Parliament for using or abusing the Name of the King to gratify their Ambition and wicked Designs against the King or Kingdom yet in no time was any King of England arraigned and judged to die by his own Subjects and tho Edward the Second Richard the Second Henry the Sixth and Edward the Fifth were murdered by wicked Men yet none of these suffered upon pretence of Justice But lame-footed Vengeance shall overtake both Rump and Army and as they both joined by Force to impose these upon the King and Nation so both without Force or any Man kill'd in their Defence shall be cashier'd with all imaginable Ignominy and Reproach These Men whom nothing but the King 's and his Loyal Subjects Blood could satiate against Law shall by Law have their own Blood shed in the most terrible manner the Law can inflict these Men who would have the Crown and Church-Lands for their Avarice shall either die or be hang'd as a Company of Beggars Oliver's Heir being undone to pay the Charge of his Father's Funeral or those who had Estates shall forfeit them to encrease the Revenues of the Crown The Regicides to put the best Face they could upon this audacious Act send the Bill for Trial of the King up to the Lords for their Concurrence but so far were the Lords from concurring that they threw the Bill over the Bar Hereupon the Rump vote the Lords dangerous and useless yet Henry Martin said they were useless but not dangerous Then the Rumpers advise with the Judges about the Trial of the King who unanimously declare it against Law and the Scots Commissioners protest against it But neither Authority Law nor Reason would take place with those Men so they erect a new Court never heard of before called a High Court of Justice for the Trial of the King to consist of I think Seventy two thirds of which were Souldiers who by putting the King to Death expected the Reward of the Inheritance both of the Crown and Church If it be Misery to have been happy to what a miserable State have these cursed Minions Flatterers and Sycophants brought one of the greatest and most high-born Princes in the Western World to gratify their Ambition Lust and Avarice for this Prince whom they would have to rend his Subjects from their Laws has now no Subjects who dare protect him by the Laws He who before so often gloried that to him alone belonged the Power of Proroguing Adjourning and Dissolving Parliaments who never did him Wrong but met to assist him against those who wronged him and to have reconciled him to his Subjects has now no Power to dissolve this Rump of a Parliament which will not be reconciled to him He who before so often called his truly Loyal Subjects Undutiful Seditious and Vipers Terms unusual in Princes shall hear himself call'd Tyrant Murderer and Traitor by his implacable Subjects He who before so often gloried he was only accountable to God for all his Actions shall be now called to an Account by a company of Men for Actions whereof they themselves were much more guilty and be sent to God to pass his Accounts there also For upon the 20th of January the King was haled before this Assembly where he was charged of Treason Tyranny and Murder for raising War against the Parliament and People of England Tho it 's evident the Members seiz'd the Militia the Tower of London and Fleet which Powers were inherent in the King and shut him out of Hull and granted Commissions for levying Souldiers before the King set up his Standard at Nottingham But admit the King did first raise Arms to have forced the Parliament and first actually set up his Standard against them and that was a Crime yet was the Regicides Crime greater who had forced the Parliament and set up themselves instead of it The King now too late flies to the Laws of the Land for his Protection protests against the Jurisdiction of the Court as established by no Legal Authority and declares his Life was not so dear to him as his Honour and Conscience and the Laws and Liberties of his People and that he will lose his Life rather than submit to such a Tyrannical Court And at last the King desired to be heard before the Lords and Commons in some things which concerned the Peace of the Kingdom and Liberty of the Subjects but this too was denied And so the 4th day after this Appearance Bradshaw the President gave Sentence upon him to lose his Head all the Court to the number of 67 owning it by standing up Which Sentence was executed the 30th of January The Character of King Charles the First THus fell one of the greatest and most high-born Princes of the Western World In his Person he was somewhat more than ordinarily tall and the Composition of it was framed in most exact natural Proportion of Parts so that he was very active and of a fine Mein in his Motion which was commonly more than ordinarily fast yet he appeared best on Horse-back and excelled in managing his Horse so that when he was in Spain in sight of the King Queen the Infanta's and the Infanta Maria whom he courted or at least seemed to do so and innumerable other Spectators he took the Ring in his first Course His Visage was long and appeared best when he did not speak for he had a natural Impediment in his Speech and would often stutter in it especially when he was in Passion To these Natural Endowments may be added a Temperance in Eating and Drinking and Chastity tho his Enemies unjustly traduced him otherways rarely to be found in Princes He was born in Scotland about two Years before his Father became King of England and being bred from his Infancy in a most luxurious and flattering Court tho he avoided the Luxury of it yet the Flattery of it took such deep Root in him that he would never permit free Counsel to take any Impression in him In his Nature
and sure never was there such a Generation who so impudently out-braved Truth and all that may be call'd Sacred If you could force a Belief into them they first told you they fought for King and Parliament then they declared for the King and People against the Parliament and now they have taken off the King if you will have any Benefit of their Protection you must engage to their Government without King or House of Lords and be content with a piece of the Commons call'd the Rump Not content with the Death of the King the Rump proceeds to abolish Monarchy and place the original Power of Government in the People whose Representatives they are if you 'll take their Word and voted it High Treason to restore Monarchy or to assist or pray for Charles Stuart or any of that Line overthrow the King's Statue with an Exit tyrannus Regum ultimus Nor are they satiated with the Blood of the King but erect another High Court of Injustice whereof one Lisle an ignorant Fellow was President who condemns the Marquess Hamilton Earl of Holland and Lord Capel for raising Arms against the Parliament which themselves had destroy'd But tho the Rump and Army were establish'd upon these strange Principles yet being the Instruments of Divine Vengeance like a Torrent broke loose from raging Seas in less than five Years time they overwhelm not only England but Ireland and Scotland almost pull'd the Dutch States up by the Roots and made France and Spain tremble But that we may observe what follow'd let 's see what went before The Scots were the first who invaded England against the King to impose their Solemn League and Covenant which was more against the English Laws and Constitutions than Laud's Service-Books Canons and High-Commission were against the Scotish In July last the Scots invaded England commanded by the Marquess Hamilton in August Cromwel routs and utterly overthrows this Army and takes Hamilton Prisoner So the Scots who began these Wars first are the first chastised by this English Army But this is but the Earnest of what shall follow The secluded Members who first join'd the Scots beginning first with an equivocal Protestation but after downright joined with the Scots in their Covenant are now not only turned out of the House by the Rump but kept in nasty Prisons till they became as little dangerous as The House of Lords The horrid Irish Massacre and Rebellion succeeded in the third place And now the Rump having established themselves by subduing of the Scots under Hamilton and deposing the secluded Members are laying Rods in Piss to scourge these abominable Irish But before we proceed let 's see how things stood in Ireland In October 1641. the Irish Massacre was which succeeded in a Rebellion in which Richlieu's Scarlet was as deep dyed as in the Scotish and English Commotions The Head of this accursed Crew was John Baptista Pennuncio the Pope's Nuncio who in his Passage through France threatned he would suffer no Man to live in Ireland that wished well to the King or to the English Affairs Thus you see how all the Factions conspired against the King the Laws and Constitutions of England But for these last seven Years viz. so long as the Distractions were continued in England the War was pursued but by halves in Ireland King Charles in his Life-time had made the Marquess of Ormond Lieutenant of Ireland who in 1643 made a Truce with the Irish that the King might make use of the English in England But the Irish kept their Faith no better in it than the Scots had before with the King in the Peace in 1639. For on a sudden they rise against the Marquess now the English are sent into England and had surprized him if he had not been informed before and escaped into Dublin and being in no Condition to defend it but obliged to deliver it up either to the English sent by the Parliament or to the Irish he gave it up to the English who make Colonel Jones Governour and so Ormond leaves Ireland After the Marquess was withdrawn the Nuncio behaved himself like a Church-Man with such a Despotical Tyranny that he became intolerable even to the Irish themselves who being press'd by Jones Coot and Monk combine in a Body and send to the Queen and to the Prince of Wales for then the King was close Prisoner in the Isle of Wight to return the Marquess of Ormond and they would submit to his Authority and join to expel the Scots and Parliament's Forces The Nuncio taking this for an Affront to his Authority being that of the Apostolick See which is infallible threatens Excommunication to them who should not obey him but neither he nor his Excommunication were obey'd but was forced to Capitulate with the Irish themselves to procure his Departure which was as shameful as his Entrance was proud and insolent Upon the Marquess's Return he enter'd into most dishonourable Articles with the Irish which yet would not please Owen Ro Oneal who join'd with the Parliament's Forces and reliev'd Londonderry then besieg'd by the Lord Ardes After this Pacification with the Irish such as it was Ormond raises a numerous Army and by my Lord Inchiqueen routs a Party of Jones's going to Drogheda who takes the Town and Dundalk Green-Castle Newry and Trim and returns Victorious to the Marquess Hereupon the Marquess besieges Dublin but unfortunately sends my Lord Inchiqueen into Munster with if not the greatest the best part of the Army Jones falls upon the Remainder and utterly routs them This was in August 1649. And the same Month Cromwel lands at Dublin with an Army of 15000 old Soldiers Upon this Disaster the Irish no more to be reconciled to the English than the Scots Covenanters to Episcopacy quarrel with the Marquess which was never after composed So the Marquess left Ireland again leaving the Earl of Clanrickard Deputy Cromwel after his landing first storms Drogheda or Tredah with a most terrible Execution and after in less than one Year all Ireland upon the matter is reduced to the Obedience of the Rump who take dreadful Vengeance upon all the Irish who could be found to have had any hand in the Massacre of the English The King Charles II. having lost England and Ireland with all their Dependencies except the Isles of Guernsey Jersey Man and Scilly and the Plantations in America which shall soon follow set up for Scotland and makes the Marquess of Montross his Commissioner who having got together about 400 Swedes Danes Poles and Germans lands them at the Wick of Cathness in April 1650 and takes Dumbeath But Lesley having sent Major-General Straughan with 300 choice Horse he set upon this ill composed Body of Montross and utterly routs them Montross fled but was betrayed by the Laird of Aston who had formerly served him The Covenanters to shew their Clemency and Humility bind the Marquess in a Chair planted backwards on a Cart that all
Ringleaders of these were Bidle Cops Fry Erbury Saltmarsh c. But more blasphemous than these was one James Naylor I saw him when he stood in the Pillory before Westminster-hall who personated our Saviour and was like his Picture in his Words and Gestures and so mad was he and many of his Crew that getting upon a Horse-Colt an Ass would have becom'd him better he came riding to Bristol his Sect strewing his way with Leaves and Boughs of Trees crying Hosanna Blessed is he who cometh in the Name of the Lord. Nor did he stay here but imitated our Saviour in affecting his Divinity as that he could Raise the Dead Heal the Sick and Fast 40 Days In these Distractions without to prevent which Cromwel took little Care Cromwel had little Peace within He was obey'd by none for Love had no Title to his Greatness but by Barebone's Parliament of his own making his own Will and the Flattery of some of the Officers of his Army yet the Body of the Army and a greater part of the Officers look'd upon him as a Tyrant and Usurper and with these the Generality of the Commonwealth Party agreed The Presbyterian Party hated him and he knew the Royalists would never obey him if ever they could find an Opportunity to get rid of him The Crown-Lands and the established Revenues he reserved by his Instrument of Government would not near maintain the Charges of his Intelligence and Army which in a manner lived upon Free Quarter and the Decimation of the Royalists bore no Proportion to support them His Expendition to Hispaniola from which he expected Mountains of Gold proved not only dishonourable but thereby he contracted so great a Debt as he could never live to overgrow In these Disquietudes of Mind his Looks were intent upon new and unusual Spectacles He took particular notice of the Carriage Manners Habit and Language of all Strangers especially if they seemed joyful He never stirr'd abroad without strong Guards wearing Armour under his Clothes and offensive Arms too never came back the common Road or the same Way he went and always passing with great speed had many Locks and Keys for the Door of his Houses seldom slept above three Nights in one Chamber nor in any which had not two or three Back-doors and Guards at all of them To these Dr. Bates in the second Part of his Elenchus adds this That Cromwel being much troubled with the Stone used sometimes to swill down several sorts of Liquors and then stir his Body by some violent kind of Motion as riding hard on Horseback jolting in a Coach c. that by such Agitation he might disburden his Bladder Wherefore one Day he took with him his Secretary Thurlow that they two might privately use this Exercise in a Coach in Hide-Park When they came thither Cromwel got into the Coach-box drawn by six brave Horses lately presented to him by Count Ollenburg and so soon as Cromwel began to snap his Whip the Horses ran away and the Postilion was thrown off the Fore-horse the Horses fretting and growing unruly tost Cromwel from his Seat upon the Pole and falling from thence upon the Ground was intangled in his Coat and dragged up and down till he received many Bruises a Pocket-Pistol in the mean time going off â—â—d his Coat rent but a Guard of Horse which waited at the â—ate seeing the Disaster hasting toward his Assistance disâ—â—tanâ—ed him out of the Danger However Cromwel to establish his ill-acquired Greatness in his Family makes his Son Henry Lieutenant of Ireland and fain would have made his Son Richard Governour of Scotland but Monk would not budg there which it may be was as great an Affliction to Cromwel as all those he laboured under before Now was Cromwel driven to a Forc'd-put if a Parliament could not help him he had lost his Game So he in September 1656 sets up a new Bawble call'd a Parliament Cromwel set his Wits upon Tenterhooks to have those chosen for England to be for his Turn he cared not so much for those sent from Scotland and Ireland being sure of them To this purpose his Major-Generals used all their Endeavours equally to hinder the Elections of Royalists and Republicans for neither would sute with Cromwel's Designs However Cromwel would not suffer any to enter the House before he subscribed to the Authority of the Protector These Men chose Sir Thomas Widdrington Speaker who June 1657 begirt Cromwel in Protectorean Robes for King he would not be and told him That the Robe of Purple is the Emblem of Magistracy which imports Righteousness and Justice the Robe of Mixt Colour Justice and Mercy and a great deal more of such Stuff which Cromwel regarded no more than he did Barebone's Parliament and his Instrument of Government To ease Cromwel of the Trouble this Parliament put down the Major-Generals who were become troublesome to Cromwel himself as well as the Nation in general and made it Treason to conspire Cromwel's Death and that the Royal Family should be renounced These gave Cromwel the Customs and a Triennial Tax upon all Houses built upon New Foundations in London and within ten Miles round that every one of them should pay Cromwel a Year's Rent And to endear him the more this Parliament gave Cromwel Leave to name his succeeding Protector which he kindly accepted By this you may see the Nature of the Beast for when Cromwel's former Parliament disputed the Authority of his Instrument of Government he told them It was the Foundation of Government upon which they must build and not destroy and therefore it was unalterable by Act of Parliament and by the Instrument his Council was to chuse a Successor But now 't is for his Turn the Parliament may alter his Instrument and give him Power to name his Successor This Alteration of naming a Successor had another Effect too for Lambert who expected to succeed Cromwel and therefore told Cromwel's former Parliament That unless they would confirm it they the Officers of the Army would call another and a third and fourth till the Instrument of Government was confirmed Now his Hopes of Succession were balk'd he tack'd about and seem'd to join with the Republican Party Hereupon Cromwel took away Lambert's Commission and made his Son-in-law Fleet-wood Lieutenant-General in his place So that tho Cromwel got a Power after his Death he distracted his Power whilst he was alive And as Pedlars which have not Gold yet will shew something which may glister like it so Cromwel that his Parliament may seem like a Parliament will have a House of Lords too but these are not Lords with Titles but Lords of the Lord knows what If you 'll take the Measures of the rest I 'll give you a List of some of them There was Pride the Brewer Huson the Shooe-maker Barkstead the Thimble-seller Cooper an Haberdasher of small Wares Whaley a Broken Clothier c. Yet these Lords must not be
do but said He would consider some time of it The next Day after Monk attended by Robison and Scot went to the House where the Speaker caress'd him in a florid Speech congratulating his coming to Town and in the Name of the House thank'd him for the great Service he had done them To which Monk in a plain Soldier-like Answer said That amongst the many Mercies of God to these poor Nations their Restitution was not the least that it was his Work alone and to him belongs the Glory of it that he esteemed it an Effect of God's Goodness that he was some ways instrumental in it wherein he did no more than his Duty which did not deserve the high Mark of Favour they put upon it That he would trouble them with no large Narratives yet desired leave to acquaint them That in his March from Scotland he observed the People in most Countries earnestly desired a Settlement for a full and free Parliament and that they would determine their Sitting a Gospel Ministry Encouragement for Learning in the Vniversities and that the Secluded Members before 1648 might be admitted without previous Oaths That he had answered They the Rump were a free Parliament and if there were any Force upon them he would remove it that you would fill up your House and then would be a full Parliament and that you had already determined your Sitting And for the Ministry and their Maintenance the Laws and Vniversities you had declared largely concerning them in your last Declaration That for the Gentlemen secluded before 1648 you had already given your Judgment and that they ought to acquiesce therein but to admit Members to sit without a previous Oath was never done in England yet begg'd leave to say That the less Oaths and Engagements were imposed your Settlement would be sooner attained yet that neither the Cavalier nor Fanatick Party have any share in the Civil or Military Power Then he recommended to them the State of Scotland and Ireland which you may read at large in the third Part of Dr. Bates ' s Elenchus The Rump were as little pleased with Monk's Speech as the Council of State with his Refusal to take the Oath of Abjuring the King and Royal Family therefore seeing he would not Swear as the Rump would have him they 'll try if he will Do as they will have him The Common-Council in London had passed an Order That unless they had a full and free Parliament they would pay no more Taxes This so startled the Rump that the next day after Monk had been at the House they sent to him to send 12 of the forwardest Citizens to the Tower and to pull up the City-Posts Chains and Portcullices In Obedience to the Rump's Order Monk marches into the Old Exchange and secur'd as many of the Citizens the Rump ordered as he found there but when he issued out his Orders to pull down the Posts Chains Gates and Portcullices the Officers withdrew and consulted what to do and resolved They could not obey these Orders and offered to lay down their Commissions Monk endeavour'd to pacify them and told them The Orders of the Council were to be obeyed but they persisted so as he was forced to set his lesser Officers to do the Work but did not pull down the Gates and Portcullices thinking he had done enough to satisfy the Rump but was mistaken for the Rump sent more peremptory Orders to pull down the Gates and Portcullices which piece of Drudgery Monk perform'd Col. Herb. Morley a Non-Abjurer of the King at this time was Lieutenant of the Tower and took this Occasion to come to Monk and assured him for the Tower himself and Sir J. Fagg his Brother-in-law whose two Regiments were in London and were resolved to agree with him in any Matters that should be for the publick Peace and Settlement This was a Preparative to what followed and that Night Monk returned to White-hall And the next Day or a Day after Praise-God Barebone with a multitude of Water-men and others who it may be could neither write nor read presented a Petition to the Rump for the excluding the King and Royal Family and that those who refused should not be capable of any Imployment for which the Rump thank'd them but the Success shall be no better than Richard's 90 Congratulatory Addresses This struck directly at the Authority of Monk whereupon he called a private Council of his Confidents to advise what to do where it was resolved to take a General Muster of his Army in Finsbury-fields the 11th of Febr. From whence Monk wrote to the Rump That the Services he had done them were slighted whilst the late Traitors no less Enemies to them than the Commonwealth had more Esteem than he From whence else was their Kindness to Lambert and Vane and new Offences against him and their Respect to that leering Heretick Barebone and all his Rabble And therefore demanded that the filling up their Members be within a Week and their Sitting determined and to give place to a new Parliament From Finsbury Monk sent to the Mayor That he would dine with him at the Bull-head in Cheapside where he desired the Mayor in the Evening to call a Court of Aldermen at Guild-hall This was blown about the City and thousands came to Guild-hall and I amongst the rest to see what the Meaning of it should be About six Monk came and all the way as he came and quite through the Hall the Cry was A Free Parliament I saw him when he lighted out of his Coach and went leaning on Col. Cloberry's Shoulder into the Mayor's Court but not one word he said and when he came into the Mayor's Court he read a Letter he sent that Morning to the Rump and then returned the Cry was the same A Free Parliament Monk said nothing Cloberry said You shall have a Free Parliament And it 's not to be imagin'd how far this spread in so little time for I believe in less than 2 Hours all the Bells of London were ringing and in all the Streets to the number 't was said of above 6000 Bonfires were made and Rumps of all sorts roasting But that Night Monk did not return to White-hall but lay at the Glass-house in Broadstreet If the Rump were nettled at Monk's Speech they were now ready to die for fear but since they could not shew their Teeth they would shew their Back-sides and voted a Committee of Five to order the Affairs of the Army whereof Monk to be one But Monk who but 4 Days before was so terrible to the City is now become their Darling they let him have 30000 l. to pay his Army in the City whereas that without was like a Herd of Goats upon the Mountains having no body to look after them nor a Penny to help themselves And Monk now having his Army entirely at his Devotion scorn'd for all the Rump's Vote to suffer any other of their Committee to
I cannot prove negatively that my Lord Chancellor did not first propound the King's Marriage with the Infanta of Portugal yet it seems to me reasonable he did not for these Reasons I never heard of any Discourse of this Match before the Arrival of the Queen-Mother in England or if any were it 's probable that Monsieur Courtin had this in his Instructions as well as that of moving the King not to abandon Portugal for both these tend to the same end and the French King all his Reign after sought to attain his Ends by Women as well as other Ways Nor can it be believed that the Prince of Portugal now engaged in War against Spain should pay the Queen's Portion 400000 l. I believe he did what he could give up Tangier and Bombay to the King which last Place he leased to the East-India Company for 10 l. per Annum but the Money was paid by the French King Though the Factions had such ill Success with previous Swearing which every one imposed upon the Nation when it was uppermost and which no Man regarded when another succeeded yet upon the Restoration of the King the Oaths of Allegiance and Supremacy which latter was only imposed upon certain Sorts of Men and as my Lord Verulam says sinks deep into the Conscience and was therefore interpreted by Queen Elizabeth in her Injunctions which were after confirmed by Act of Parliament were imposed upon all sorts of People and the Refusers looked upon as Enemies to the King and Favourers of the late Times And tho the Convention sate but from the 25th of April 1660 to the 29th of December following yet by this time the outward Face of almost all the Nation was quite changed the Cavalier Party under the Persecution of the late times lived quietly upon that part of their Estates which was permitted them after their Compositions and the Governing Factions put on a Countenance of Godliness and Sobriety whereas in the Jollity of the King's Restoration all sorts of Men even the Factions endeavoured to imitate the profuse Prodigality and Luxury of the Court which scarce entertained any but upon those Terms To humour the King the Publick Theaters were stuffed with most Obscene Actions and Interludes and the more Obscene pleased the King the better who graced the opening of them with his Presence at the first Notice of a new Play In this State the Convention was dissolved and a Parliament met the eighth of May 1661. where that they might outvy the Convention in Loyalty in the first Chapter they make Words to compass or imagine any Bodily Harm Imprisonment or Restraint upon the Body of the King or to Depose him or levy War against him to be High-Treason And if any shall any ways affirm the King to be a Heretick or Papist shall be incapacitated to hold any Ecclesiastical Civil or Military Imployment And that it shall be a Premunire in any to say The Long Parliament begun in November 1640 is not dissolved or that there lies any Obligation upon any one from any Oath to endeavour a Change of Government either in Church or State or that one or both Houses of Parliament have a Legislative Power and declare the Oath commonly called The Solemn League and Covenant to be an unlawful Oath and imposed upon the Subject against the Fundamental Laws and Constitutions of the Nation And Chap. 5. declare against Tumultuary petitioning the King or Parliament And Chap. 6. declare the sole Right of the Militia to be in the King This Parliament upon the thirtieth of July was adjourned to the twentieth of November This being but an Adjournment and so the Act of the Houses for as yet the King did not exercise his Prerogative of Proroguing them which hereafter you will see him very prodigal of I do not find that this Adjournment was made that the King might better proceed in his Bargain and Sale of Dunkirk to the French Yet I do say that before the Parliament met it was as I remember in September that the Bargain and Sale was perfected and Dunkirk put into the Power of the French But neither the Sale of Dunkirk without nor the keeping up a standing Army within called the King's Guards after it was disbanded and paid off by the Covention nor the King's Manner of Life could any ways abate the Loyalty of this Parliament to the King and keep him they would whatever came of it And to all the Provisions for Security of his Person and Power they will add that to keep him in which the Rump in its last Breath did to keep him out viz. To swear to keep him out And therefore the Parliament Chap. 2. made the Corporation-Oath to be taken by all the Members of Corporations viz. I A. B. do declare and believe that it is not Lawful upon any Pretence whatsoever to take Arms against the King And that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those who are commissioned by him So help me God This I think is one of the first Laws that ever was made to swear to Opinions and Belief And sure if Swearing would determine Controversies and Beliefs all Learning Reasoning and Instruction would be at an end and he that swears most is the best Logician and the Godliest Man We will therefore consider the Nature of an Oath and those who are to take this Oath If we consider Man and other Sensitive Creatures in their Creation and Generation they were all passive and they were created and generated without any Act of their own Will or the Counsel or Concurrence of any Creature but of a Divine and Omnipotent Power and by a Providence and Prescience not less wise and good than the Power was Omnipotent they had Food and other Means for their Continuance in this World provided before they were created or generated But though God without the Act of the Will of any Creature did make Man and other Sensitive Creatures by an inimitable Power which he communicated to no Creature and by an unscrutable Wisdom and Goodness did provide for them before they were made or generated yet did he not in vain make them Organical Bodies endued with Life Sense and Motion so that after they were made they might seek food which God had before provided for them and preserve themselves from other Creatures which might be hurtful to them As Sensation is naturally common to Man and other Sensitive Creatures so are the Passions of Love Fear Hatred and Desire viz. Love of those things which conduce to their Welfare and Preservation Fear of those things which are hurtful to them accompanied with an Hatred of them and a Desire of generating their Like in other Bodies Besides these Attributes common to other Creatures God endued Man with an Intellectual and Reasonable Soul which is proper to Man exclusive to other Creatures and made all things in this our Habitable World for the Use of
and Supernatural revealed in the sacred Scriptures Natural which are presumed to be alike engraven on the Mind of Man Supernatural are those which Man obeys by God's special Favour and Grace Natural Laws are Affirmative and Negative Affirmative That Man honour God above all Creatures and that he converse truly and uprightly with Man Negative That he do not blaspheme or dishonour God nor wrong or deal falsly or deceitfully with another neither in his Intentions Speech nor Actions so that Civil Laws do not forbid Blasphemy or Immoral Speech and Actions but indifferently in divers Countries and Places punish them I say the Law of Nature is alike inplanted in all Intelligible Creatures for where there is no Law there is no Transgression nor Omission And therefore if all Men did not understand that Blasphemy and Immoral Speech and Actions were wicked it would be Tyranny to punish them So as Humane Judgment and Justice are necessary for Preservation of Humane Society and the End of Humane Judgment and Justice is as well to restore them to Right who suffer Wrongfully as to punish Wrong-doers It 's fit here to distinguish between Knowledg and Belief Knowledg is immediate of those things and Actions which fall under the Sense of Man and therefore not learned or taught but alike understood by all Men And Verity and true Speech is what a Man knows whereas Belief is a Reliance upon what another says to be true In all Legal Judgment upon which Justice is executed Judges in Civil Affairs assume two Premises which are to be without Question or Dispute viz. some foreknown Law and some Speech or Act done so that if the Law and Fact be but probable or uncertain the Judgment will be less probable and more uncertain But in giving Judgment Judges do not swear to their Opinions but make some Laws to be their Reasons of them A Promise is twofold Affirmative and Negative and is of time to come and is a Respecter of Persons An Affirmative Promise is a Speech or Writing wherein one or more assure another or more upon their Truth or Faith to do such an Act in his or their Power in some certain Time and Place or to be serviceable to another or more for some time or during Life as they shall be able a Negative Promise is when one or more upon their Truth or Faith assure another not to do such an Act and if the Parties mutually promise this is a Contract A Promissory Oath is when one or more affix God's Name which implies an Imprecation of God's Judgment upon them that they will do or not do what they promise But sure Men who give Promissory Oaths ought to be well assured they can do what they promise and ought considering the Frailty of Humane Nature and the infinite intervening Accidents which they annot foresee or if they could could not prevent to implore God's Assistance to enable them to perform their Promise And I do say and verily believe that of all Men those who soonest make Promissory Oaths do most break them and that Men who are so forward to make these Promissory Oaths by them cover their Designs of deceiving the other more than of performing their Promise An Oath is so sacred that as God will not have Divine Adoration or Worship to be given to any other but himself so neither will he have an Oath to be taken by any other Name not by the Sun Moon Earth or all the Host of Heaven And if he will not hold him Guiltless who takes his Name in vain how will he hold him Guiltless who swears in vain Thereby not only lessening the Veneration due to his Name but designing by it to deceive another In all my Observations I never knew any Man who made no Conscience of Swearing or taking God's Name in vain but made less in taking care to perform his Promises And when I hear a Man begin with Swearing not duly called unto it I suspect he has either some Design in it or that thereby he would create a Belief to that which is not true But how Legally or Illegally soever these Promissory Oaths are imposed I never heard of any who was prosecuted for Perjury upon them except Mr. Long Sheriff of Wilts prosecuted in the Star-Chamber for that he had sworn as all Sheriffs do not to go out of the County without leave from the King yet being chosen a Parliament-Man 3 Car. 1. came to serve in Parliament for which he pleaded the King's Writ which was Leave from the King and the Earl of Argyle about the Interpretation of the unintelligible Scotish Test And I dare say That if the Oath of Allegiance to the King were but once taken it would be held in greater Veneration than by often taking it upon these Premises Let 's see whether the Corporation-Oath be an Assertory or Promissory Oath or neither And in regard it is in two Parts consider both The first is I A. B. do declare and believe That it is not lawful upon any Pretence whatsoever to take up Arms against the King This Part of the Oath is not Promissory and so an Assertory Negative Oath Here I will not dispute whether there can be a Negative Assertory Oath yet I do say such an Oath can never extend farther than to him who swears he does not know what he is required to swear But he can never swear that another does not know it So tho a Man may believe it 's not Lawful for a Man to take Arms against the King upon any Pretence whatsoever yet he can never extend it further than himself But I say this sort of Swearing destroys the Religion and End of an Assertory Oath which is only to what a Man knows certainly to be true but no Man certainly knows that an Opinion or Belief is certainly true But tho by some apparent Reason or the Authority of another I may be of an Opinion or Belief yet upon clearer Reason and better Authority I may alter my Opinion and Belief which a previous Assertory Oath can never oblige me to In Justice therefore an Assertory Oath That I Believe or am of Opinion is not admitted unless he that testifies swears the Ground or Cause of his Belief or Opinion to be certain and true of his own Knowledg I desire to know what were the Grounds or Reasons of this Corporation-Oath which every one ought to swear to be true of his own certain Knowledg before he believe it not to be lawful upon any Pretence whatsoever to take up Arms against the King Or admit there might be Reason for this Belief yet if the Causes of this Belief were not before known to the Taker of this Oath so as the Taker knows them to be true of his certain Knowledg this Oath if any is Perjury The other Part of this Oath is And I do abhor that Traiterous Position of taking Arms by his the King's Authority against his Person or against those who
are commissionated by him So help me God So that from swearing Negatively to Belief in the first part of this Oath we come to swear Affirmatively in this part of it But this part not being Promissory of Time to come is an Assertory Oath too if any besides the taking God's Name in vain or worse An Assertory Oath is of what a Man knows to be certainly true and what was immediately the Object of Sense Here a Man swears not that he knows but abhors and what does he abhor That Traiterous Position of taking Arms by the King's Authority against his Person or those commissionated by him Is Traiterous Position the Object of Sense and immediate so as the Swearer knows what the meaning of Traiterous Position is Which I believe not one of twenty does Or is not some Inference deduced from some Law or Usage which cannot be the Object of Sense and so not to be sworn to The End of an Assertory Oath is to inform the Judg and Jury so that Justice may be determined by it but here is neither Judg nor Jury to inform What can be the end of this Swearing Why 't is because otherwise the Swearer cannot be a Member of the Corporation but if I cannot take his Word I 'll not take his Oath And he that swears most to get Places is least worthy of them And I dare say he so much less understands his Duty in any Place by how much the more he is ready to swear to get into it And you will see that those Men who are so ready to swear by this Oath which they did not understand to get to be Members of Corporations shall be more ready to forswear themselves in giving up their Charters which they had sworn to maintain and keep and which they understood they ought to do Religion Piety Judgment Justice and Righteousness are the ways by which God is honoured and Peace and Happiness established in Nations and Kingdoms And will God instead of these suffer his Sacred Name to be prostituted by vain Swearing so as to pass unpunished Did not the Prophet Hosea Ch. 4. v. 3. of old complain That the Land mourned because of Oaths And hath not our Land mourned ever since the Convocation after the Dissolution of the Short Parliament 1640 did enjoin the Oath I A. B. swear that I approve the Doctrine and Discipline of the Church of England as containing all things necessary to Salvation and will not consent to alter the Government in the Church by Arch-bishops Bishops Deans and Arch-Deacons c. to be taken by all the Clergy Was God well pleased that his Sacred Name should be affixed to such Stuff Or did this establish this Hierarchy Did not the Parliament about a Year after expel the Bishops out of the Lords House and imprisoned their Persons and made them and all Deans and Arch-Deacons uncapable of Temporal Jurisdiction And did not England and Scotland about two Years after join in a Covenant and swear to extirpate Arch-bishops Bishops Deans and Arch-Deacons Did not the Engagement expel the Covenant and the Recognition to Oliver out the Engagement till Men neither regarded what they had sworn nor cared what they swore to Monk before he came out of Scotland caused the Scots to abjure the King and his Interest So in his coming to London he did by the Officers of the Irish Brigade and the Rump died abjuring the King and Royal Family yet in less than four Months after the King was restor'd Before the Scots would admit the King to land in Scotland the 23d of June 1650 they made him with his Hands lifted up swear in the Presence of Almighty God the Searcher of all Hearts his Allowance and Approbation of the National Covenant and Solemn League and Covenant and Directories of Worship and not only to give his Royal Assent to Acts of Parliament enjoining the same in all his Dominions but to observe them in his private Family And upon his Coronation on the 11th of January 1651 repeated the same Oath Yet how little did this avail him or the Covenanters for in less than eight Months Cromwel drove him and his Covenanters quite out of Scotland And I dare say the King never after made use of them in his private Family nor ever after give his Assent to any Act of Parliament enjoining the Covenants tho he were restored to all his Dominions From swearing the Corporation-Oath the Parliament proceeds That all Members of Corporations declare against the Solemn League and Covenant in these words I A. B. do declare That I hold there lies no Obligation upon me or any other Person from the Oath commonly called the Solemn League and Covenant and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom This Declaration is as vain and more wild than the Corporation-Oath for 't is but matter of Belief or Opinion and so no Issue can be taken upon it but if there could in him who declares yet none can be taken upon that part which declares there lies no Obligation upon another and I 'll put it upon this Issue that such a Declaration was never before enjoin'd by any Law And if the Covenant be an unlawful Oath in it self because imposed by no lawful Authority yet I say that no Authority under Heaven can make the taking God's Name in vain lawful much less to take a vain or superfluous Oath From new invented swearing and declaring to keep the King in the Kingdom the Church makes many new invented Prayers for him especially that for the Parliament wherein they tell God that the King is their most Religious and Gracious King as if he were so and God did not know it and if he were not so to perswade God he was so De Jove quid sentis Will God be mock'd Is not he Omniscient and knows the Secrets of every Man's Heart Has he any need to be informed what Man is Or did this King's manner of Life induce the Church to inform God that he was most Gracious or full of Grace Or his devout Behaviour at his seldom Presence in Divine Service declare him to be most Religious This King's Father and Grand-father's Flatterers went no higher than to flatter them that they were bound by no Laws and accountable to none but God for all their Actions and that their Subjects were bound to obey them in all under Penalty of Damnation They never went about to perswade God they were most Religious and Gracious in so doing The Parliament chimed in with the Church and by the Act of Vniformity enjoin That every one who holds an Ecclesiastical Promotion shall publickly declare before his Congregation his unfeigned Assent and Consent to every thing contained and prescribed in the Book entituled The Book of Common-Prayer c. Put these together I. A. B. do declare my unfeigned Assent and Consent That the King
of State of Scotland and as Runnagadoes from Christianity become the greatest Persecutors of Christians so was Lauderdale of the Kirk and Presbyterian Government However Lauderdale seemed zealous for calling a Parliament in Scotland and demolishing the Forts thaâ— bridled the Scots which Monk opposed and hereby Lauderdale became popular in Scotland so that all Applications to the King from thence was by Lauderdale In this state it was not easily determined who should be Commissioner in Scotland in case a Parliament should be called for Affairs were not yet ripe enough to make a Popish one nor would the Court trust a Presbyterian one and Lauderdale would not forsake his Post at Court where he govern'd all but continue it that all the Motions in Parliament might receive their Life from him At last it was agreed That Middleton who first served the Kirk against King Charles I. and after changing Sides made some Bustle in Scotland after the King left it should be created an Earl and made Commissioner and a Parliament should be called in Scotland The Nobility and Gentry of Scotland clearly saw there was no other way to redeem Scotland from being a conquered Nation and a Province to England but by an entire Submission to the King Lauderdale knew this as well as they and therefore resolved to make them pay dear for their Deliverance and now you shall see the Nobility and Gentry which with the Kirk united against King Charles I. divide under his Son and sacrifice the Kirk and all their Discipline to make an Atonement for themselves The first Act which was shewed herein was upon this Occasion The firy Zeal of the Kirk-men burnt up all Rules of Prudence or the Consideration of the present State of Scotland so that even in this state Crowns and Scepters must submit to the Kirk And that the King might know his Duty a Company of them met together and drew up a Supplication as they said but in nature of a Remonstrance to the King setting forth the Calamities they groaned under in the Time of the Usurpers by their impious Incroachments upon the Kingdom of Jesus Christ and the Liberties thereof which of themselves they were not able to suppress and overcome and the Danger of the Popish and Prelatical Party now beginning again to lift up their Head they press him to mind his â—aths and Covenant with God c. The Committee of Estates well knowing how ungrateful this would be to the King upon the 23d of August 1660. sent a Party and apprehended these Men whereof one Mr. James Guthry was the chief of whom you 'll hear more hereafter and committed them Prisoners to Edinburgh-Castle and from thence Guthry was sent Prisoner to Dundee for treasonable and seditious reflecting on his Majesty and on the Government of England and the Constitution of the Committee of State and tending to raise new Tumults and kindling a new Civil War among his Majesty's good Subjects This was the first Spark which soon burnt into such a Flame as totally consumed the whole Kirk-Party in Scotland and left them in a much worse plight than before when they suffered under the Usurpation as they called it of the English For during the late Usurpations the Kirk enjoyed a Liberty of Conscience but it 's the Nature of some Men that unless they may persecute other Men they 'll exclaim they are persecuted themselves and therefore since they were not able to do it themselves they minded the King of his Covenant with God to extirpate Heresy Schism and Profaneness and to remove the stumbling which the King had given them in admitting Prelacy Ceremonies and Service-Book in the King's Chappel and other Places of his Dominions But these Men were mistaken in their Measures for after the King was expelled from Scotland by Cromwel he little I may say never observed the Directory of Worship Confession of Faith and Catechisms in his Family according to the National and Solemn League and Covenant as he repeated in his Coronation-Oath and less the establishing Presbyterian Government in England and Ireland and least of all in Scotland For one of the first Acts of the first Sessions was an Anniversary Thanksgiving to be observed on every May 29 with this Proem The States of the Parliament of the Kingdom of Scotland taking into their Consideration the sad Condition Slavery and Bondage this antient Kingdom has groaned under these twenty three Years the time when the Troubles arose in K. Charles the First 's Reign in which under very specious Pretences of Reformation a publick Rebellion has been by the Treachery of some and Misperswasion of others violently carried on against sacred Authority to the Ruin and Destruction so far as was possible of Religion this King's Majesty and his Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom so that Religion it self hath been prostituted for the Warrant of all these treasonable Invasions made upon the Royal Authority and disloyal Limitations upon the Allegiance of the Subjects Therefore upon the 29th of May be set apart for an Holy Day c. Yet soon after the King's Restoration he wrote to the Presbytery of Edinburgh promising to countenance the Church as by Law established But Lauderdale knew his Mind better Here it 's observable That in 1638 when the Kirk were so zealous with lifted-up Hands in the Presence of the Eternal God to swear to establish their National Covenant there was not one of the Nobility but the Popish except the Marquess of Hamilton and the Earl of Traquair but joined with the Kirk expresly against the King's Command Traquair the Kirk-Party proceeded against as an Incendiary and after Hamilton secretly joined with the Covenanters for which King Charles I. made him Prisoner in Pendennis-Castle from whence he was discharged when Fairfax had it surrender'd And not one of the Nobility except Argile and Cassels but declare this and all the Kirk-Proceedings since Treasonable Rebellion against the Laws Liberties and Property of the People and Prostitution of Religion and this Declaration was celebrated with a double Sacrifice the Marquess of Argile being executed as a Traitor for holding Correspondence with Cromwel and his Head set where Montross's stood on the Monday before and Mr. Guthry on Saturday after for refusing to own the Jurisdiction of the Judges in Ecclesiastical Affairs had his Head set upon one of the Ports of Edinburgh This was a sad Presage to the Kirk of what followed For as they without the King would impose their Solemn League and Covenant upon England now by the King and Parliament an Oath of Allegiance in the very Nature if not the Words of the Oath of Supremacy in England is imposed upon them wherein they are to swear That the King is the supreme Governour over all Persons and in all Causes c. and That they will maintain defend and assist his Majesty's Jurisdiction aforesaid against all
sent a Squadron under Sir John Lawson to that end And the Dutch sent another commanded by De Ruiter seemingly but not designedly for to join Sir John against the Algerines For De Ruiter after he had entred the Straits abandoned Sir John Lawson and sailed to Cape Verd and dispossessed the English of their Factories nor did he stay there but sailing thence he attempted Barbadoes but was beaten off with loss But with better Success he sailed to Long-Island where he made great Depradations This Double-dealing of the Dutch alarm'd the Parliament so as they petitioned the King to make War upon the Dutch and the King was well disposed to it having before designed it as many thought and so took this Occasion for it nor were the City of London less forward than the Parliament for promoting this War and upon that Account furnished the King with several Sums of Money for which both Houses gave the City Thanks upon the Twenty Fifth of November 1665. The King the Day before made this Speech to the Commons Mr. Speaker and you Gentlemen of the House of Commons I know not whether it be worth my Pains to endeavour to remove a vile Jealousy which some ill Men scatter abroad and which I am sure will never sink into the Breast of any Man who is worthy to sit upon your Benches that when you have given me a Noble and Proportionable Supply for the Support of a War I may be induced by some evil Counsellors for they will be thought to think very respectfully of my Person to make a sudden Peace and get all the Money for my own Private Occasions But let me tell you and you may be confident of it That when I am compelled to enter into a War for the Protection Honour and Benefit of my Subjects I will God willing not make a Peace but upon the obtaining and securing those Ends for which the War is entred into and when that can be done no good Man will be sorry for the Determination of it But the War was not declared till the 22d of February following But here I observe that neither my Lord Chancellor Hide nor my Lord Treasurer Southampton were present in Council at it It may seem strange to any Man conversant in our Government that the King in less than four Years and a half after his Restoration should be in such a Necessity of borrowing such Sums of Money of the City for the disbanding of the Army was paid by the Convention and Parliament and the Parliament had settled the Excise on him which was cessed at 500000 l. per Annum and the Customs at 600000 l. and Chimney-Money worth 150000 l. per Annum and 12 Car. 2. c. 26. granted the King the Arrears of twelve Months Assessment commencing the 25th of December 1659 and C. 29. gave the King 70000 l. and C. 34. also the Post-Office worth 50000 l. per Annum and in the 13 Car. 2. cap. 3. vested in the King the Arrears of the Excise and new Imposts and in the second Session Cap. 3. the Parliament gave the King 1270000 l. and Cap. 5. a voluntary Contribution and C. 8. gave the poor Cavaliers 60000 l. that the King might never hear more of them and C. 9. granted a further Relief for the poor and maimed Officers which had served the King's Father and also Cap. 15. four intire Subsidies by the Laity and four by the Clergy besides all the forfeited Estates both in England and Ireland So that the Excise Customs Chimney-Money Post-Office and forfeited Estates at a moderate Computation may be computed at 1600000 l. per Annum a new Addition to the Crown which Queen Elizabeth had not only the Court of Wards was exchanged for part of the Hereditary Excise And if you compute but six Months Arrear of the twelve Months Assessment at 70000 l. per Mensem beginning at Christmass 1659 this will amount to 420000 l. and the Arrears of the Excise and new Impost at 300000 l. and 70000 l. granted the King 12 Car. I. 29. and the 1270000 l. 13 Car. II. 3. and the voluntary Contribution at 300000 l. and the four Subsidies granted by the Clergy and Laity at 400000 l. besides the new added Revenue of 1600000 l. per Annum to the Crown the King in less than four Years and a half received 2860000 l. or two Millions eight hundred and sixty thousand Pounds Yet the King paid no Debts of his Father's nor do I find he built any new Men of War nor made any War except that last Year against the Algerines It 's true he married his Sister but had twice her Portion of the French King for the Sale of Dunkirk and also 400000 l. Portion with the Queen Now let 's see how things stood in Scotland During the Earl of Middleton's Commission the Parliament of Scotland granted the King so great a Revenue that the King signified his Pleasure not to raise any more but tho Middleton in the general Opinion had done more in Scotland than could have been expected yet Lauderdale thought he had not done enough and therefore got the Parliament to be dissolved and a new one to be called in 1663 and the Earl of Rothes the Ring-leader of the Presbyterians in the Reign of Charles the First and was the first that subscribed the Letter to Lewis the XIII th for his Aid by the Appellation of Au Roy to be made Commissioner The King's Supremacy in all Ecclesiastial and Civil Matters and so great a Revenue as the King could ask being settled by Middleton one would have thought no more could be done yet another Law must be passed intituled the Humble Tender Whereby the Kingdom of Scotland is obliged to raise the King twenty thousand Foot and two thousand Horse sufficiently armed and furnished with forty days Provision to be in a readiness at his Majesty's Call And also that all Scots-Men from sixteen to sixty if the King should have further use of them should hazard their Lives and Fortunes as they shall he called by his Majesty for the Safety and Preservation of his Sacred Person Authority and Government to march into any part of Scotland England or Ireland for the suppressing any Foreign Invasion or Intestine Troubles or any other Service wherein his Majesty's Honour c. was concerned And this Law it may be was the Equivalent for which the Forts were demolished Tho Rothes was Commissioner when the Act passed yet Lauderdale assumed to himself the Glory of it and it 's observable this Act passed the same Year and about the same time the King issued out his Declaration of Indulgence to the Dissenters in England Thus you see as the Parliament of Scotland outrun the Parliament of England in Loyalty to the King so at least they went hand in hand with them in grauting the King more Aids than he would ask of the Subjects of his antient Kingdom Never had Kings of England or Scotland their Debts so easily
third of June following the English Fleet commanded by the Duke of York Prince Rupert Admiral of the White and the Earl of Sandwich of the Blue fought the Dutch off the Coast of Harwich where the Dutch were put to flight Opdam their Admiral was blown up and Cartinere Stillingwolf and Stamp Flag-Officers killed and eighteen of the Dutch Fleet sunk and taken and if it had not been for fear of disturbing the Duke in his next Night's Sleep it 's believed the whole Dutch Fleet might have been destroy'd But in this Fight the English lost the renowned Earl of Marlborough who tho Admiral in King Charles the First 's Reign died a private Captain in this Fight Rear-Admiral Sanson was killed in it and Vice-Admiral Lawson soon after died of his Wounds The Duke of York was of too estimable a Value to be ventur'd any more in this War for in his Person the Hopes of this War and Declaration of Indulgence resolved So the Earl of Sandwich was made Admiral Sir Thomas Allen of the White and Sir Thomas Tiddiman of the Blue Squadrons The Dutch were so damaged in the first Fight that they were not in a Condition to set out another Fleet this Year But the Dutch having lodged their East-India and other Fleets in Bergen in Norway the English Fleet sailed thither to attack them in it But Sir Thomas Tiddiman who was ordered to do it did not sail into the Harbour as he might have done upon his first Approach but sent to the Governour of the Castle to treat without the Dutch within alarm'd at the Danger set all hands on work that Night so that by the Morning they had so fortified the Castle that it was impossible for the English to force a Passage and the Weather growing boisterous it being towards the latter end of September the English Fleet was forc'd to return nor could the Dutch Fleet stay in Bergen and in their Return home two of their richest East-India Ships and about 80 Sail of their other Ships fell to the English share but tho they were deep laden when the English took them they became much lighter before they came into the English Harbour It seems God was not pleased with these things for this Year he sent a horrible Plague which raged over almost all the Parts of England The greatest Plague which happened since Edward the Third's time in England was in the first Year of this King's Grandfather yet a greater in the first Year of his Father's Reign and now a greater than either in the sixth Year of his actual Reign And as the Plague drove the Parliament to Oxford in his Father's Reign so did it now in his But neither the Mourning of the Land because of Oaths the Plague this Dutch War nor the King's Declaration of Indulgence for dispensing with the Penal Laws against Dissenters could abate the Parliament's Zeal in prosecuting Protestant Nonconformist Ministers but they made a Law called the Five-Mile-Act whereby they were banished five Miles from any Corporation or Market Town and had this Oath imposed upon them I A. B. do declare That it is not lawful upon any Pretence whatsoever to take up Arms against the King and that I do abhor that traiterous Position of taking up Arms by his Authority against his Person or any that are commissionated by him in pursuance of such Commission And I do swear that I will not at any time to come endeavour the Alteration of the Government either in Church or State So help me God The poor Non-conforming Ministers did quietly submit to this in England but the Presbyterians did not so to the High Commission erected in Scotland for about this time they rose in Arms at Pentland against the Persecution of the Prelates who disturbed them in the Execution of their Ministry but were soon broken and a terrible Execution follow'd upon them as Traitors and Rebels In England the Parliament at Oxford granted the King 1250000 l. for carrying on the War against the Dutch and in the Spring 1666 the Plague ceasing the King set forth a Fleet under the Command of Prince Rupert and the Duke of Albemarle Sir Thomas Allen Admiral of the White and Sir William Berkley of the Blue But the Dutch and French now try to do that by Craft which they could not do by Force and Plain-dealing And to this purpose it was given out that the French had fitted up a strong Fleet to join the Dutch and this so prevailed upon the King and Council that upon the 29th of May a remarkable Day when the English Fleet was riding in the Downs Prince Rupert in all haste was ordered with the White Squadron to sail to the West to fight the French Fleet coming to join with the Dutch I desire to be particular in some part of what followed because I had it from Sir John Harman himself who was Vice-Admiral of the Blue At the same time Prince Rupert sailed from the Fleet the Dutch put out to Sea the Wind at North-east a fresh Gale this brought the Dutch Fleet on the Coast of Dunkirk and carried the Prince to St. Helens on the Isle of Wight but the Wind suddenly turning into the South-west blew a strong Gale which brought the Dutch and Duke to an Anchor when Captain Bacon of the Bristol by firing of his Guns gave notice to the Duke of the Approach of the Dutch Hereupon the Duke summoned all the Captains on board him not to consult whether to fight the Dutch but to order them to weigh Anchor and fight the Dutch This was the 1st of June the Wind at South-west blowing a stiff Gale so that the Dutch were forced to cut their Cables not having time to weigh Anchor and tho the English had the Weathergage of the Dutch yet the Wind so bowed the English Ships that they could not use their lowest Tire when they came up to fight the Dutch Sir Berkley's Squadron led the Van but the Duke when he came on the Coast of Dunkirk to avoid running on a Sand made a sudden Tack which brought his Top-mast to the Board whereupon he was forced to lie by 4 or 5 Hours till another was set up but the Blue Squadron knowing nothing of this sailed on fighting through the Dutch Fleet which were 5 to 1 of the Blue Here Sir William was killed and his Ship the Swiftsure a second Rate and all her Guns Brass taken so was the Essex a Frigat of the third Rate and Sir John Harman in the Henry got among 9 Ships of the Zeal and Squadron commanded by Vice-Admiral Everts and these so disabled the Henry that Everts offered Sir John Quarter if he would yield but Sir John told him 't was not come to that yet and gave him a Broadside and killed Everts Hereupon this Zealand Squadron sailed to assist their Fellows behind and only left Sir John to the Mercy of 3 Fireships one of which grappled the Henry on her Starboard Quarter The Dutch
Queen Regent of Spain upon the French Irruption into the Spanish Netherlands in 1667 having made Peace with Portugal and Col. Fitz-Gerald an Irish Papist Major-General The Business of this Army was as the Vogue went That since the French King could not get that part of Holland which was drencht by Fresh Water to souse it with Salt Water by cutting down their Sea-Banks but Point Homo For the Dutch Mob astonished and confounded with the Loss of their Country by Land and opposed by Two the most Powerful Kings in the whole World by Sea in a Rage assassinated the Two De Witts Cornelius and John as the Betrayers of their Country and the Causers of this War and depose the States who they thought were of the Lovestein or De Witts Faction and restore the Prince of Orange now in the first Year of his coming to age to the Command of his Ancestors and make Monsieur Fagell Pensioner of Holland The Prince being the King's Nephew and having never offended him raised an Expectation in the People and Fear in the French King that the King would not suffer the Prince to fall into a worse State than the De Witts intended by suffering the French to conquer Holland whereby the Prince's Authority must needs be swallowed up This the French King foresaw and therefore to obviate it the French King was the first who made Application to the Prince and proposed to him the making him Soveraign of the Vnited Provinces under the Protection of England and France such a Protection was never heard of before But the French King knew how to deal with his Brother of England It 's admirable to consider that notwithstanding the Conquest by the French of the other Provinces and the Desolation of Holland and the long Prejudices even from his Cradle against him by the Lovestein Faction this Generous Prince in his most florid and ambitious Age should out of his vertuous innate Love to his Country stand so firm to it that his Answers were That he would never betray a Trust reposed in him nor sell the Liberties of his Country which his Ancestors had so long defended and God so blest him herein But out of these Ruins shall this limited Prince arise and put a check to the boundless and arbitrary Ambition of this designing French Universal Monarch as his Ancestors before had to the Spanish The King it seems could not but see that whilst he got nothing but blows by Sea the French got all by Land and therefore sent the Duke of Buckingham my Lords Arlington and Hallifax to the French King keeping his Court at Vtrecht but with Instructions as secret and dark as those of making the War These when they came into Holland were informed of the French Designs and the King's Answer to their Deputies was viz. That the King might treat as he pleased but that what the French King had got was his own and that what he should get he would not restore without an Equivalent Which raised such an Indignation in them that nothing would serve their turn but destroying at least mastering the French Fleet And in this Humour they went to the Prince of Orange and promised the same and engaged to their utmost to bring the French King to be satisfied with Mastricht and of keeping Garisons in the Towns upon the Rhine belonging to the Electors of Brandenburgh and Cologn From Holland Two of these proceed to the French Court at Vtrecht where the French Air changed their Minds they left in Holland and about Four Days after sent word to the Prince of Orange that the States must give Satisfaction to both Kings jointly and that neither would treat separately upon which the Prince desired to know what the Kings joint and respective Demands were and of the new Agreement made by them so contrary to their Promise to the Prince and States Whereupon Mr. Secretary Trevor makes these Queries 1. Whether they were sent to promote the French Conquest If not why by making the Peace impossible as far as in them lay would they force the Dutch to submit to the French Dominion 2. Whether they did not know that the French Demands alone had been rejected by the States and that the granting of them would make it impossible for the Dutch to give the King any Satisfaction 3. Whether having received from the Prince and States all imaginable Assurances of their Designs to return to the King's Amity and to purchase it at any Rate they could they could faithfully neglect these and enter into a new Engagement so prejudicial to England 4. How far those who were joined in Commission did concur in their Judgment and whether these Considerations with many others were not represented to them and urged by some who desired to serve the King faithfully 5. Whether or no it was for that Reason they opposed to fiercely my Lord Viscount Hallifax's whom came a Day or two after them Appearing and Acting jointly with them tho in the same Commission with them in as ample a Manner as themselves 6. Who were those who after my Lord Hallifax could be kept out no longer went privately to the French Camp under Pretences and had Negotiations of their own on foot 7. Whether they had order to call the French King King of France and to name him before their Master as well in the French Demands as of his Majesty's in all their Agreements which they sent to the Prince of Orange 8. Whether they had Instructions to stand in the Behalf of the French upon the Publick Exercise of the Roman Catholick Religion in the Vnited Provinces the Churches to be divided to the Roman Priests to be maintained out of the Publick Revenue And to bind the King's Hands so that the French King may be sure of his Bargain these Plenipotentiaries Two of them agreed with the French that the King should not treat nor conclude a Peace with the Dutch without them But the French King shall find no more Security herein than the Dutch and Spaniard did in the King 's joining in the Triple League For the Support of this holy Catholick Design stood my Lord Treasurer Clifford and a new Band of Parliament-Pensioners never before heard of in England at Board and Wages but these being a kind of Land-Privateers are to tax the Country to pay themselves and to do whatsoever shall be commanded or no Purchase no Pay In this state of Affairs the Parliament met again the 4th of February 1671 â— when the Commons like Men coming out of a drowzy Lethargy began to consider the dangerous state of the Nation and the dangerous Consequences of the severe Prosecution of Protestant Dissenters by provoking them to join with the Popish and therefore tho they question'd the King's Declaration of Indulgence and no Money was like to be had unless he recall'd it yet upon the 14th of February the Commons resolved Nemiâ—â— contradicente That a Bill be brought in for the Ease
Offices he was capable of and that the Duke was fully convinced that their Interests were one and the Parliament was not only unuseful but dangerous both to England and France and that it was the Duke's Opinion That if his most Christian Majesty would write his Thoughts freely to the King upon this Subject and make the same Offer of his Purse to dissolve this Parliament as he made to the Duke to call another he did believe it very possible for him to succeed and from this time to the breaking out of the Popish Plot you shall see the Parliament call'd prorogu'd and adjourn'd by Order from France or French Ministers and Pensioners That this Design may be carried on in Masquerade the whole Band of Pensioners make it their Business to possess whom they could perswade that the Church is in danger truly said but untruly intended and that the Nation was running into Forty One All Countenance and Hopes of Preferment were promised to those who would support the Church from the Danger of Forty One This was blaz'd abroad and encouraged by all sorts of printed Pamphlets and if they met with Opposition the Authors and Printers were persecuted for publishing unlicensed Pamphlets Mr. Roger L'Estrange was the Champion and Pensioner of the Cause Never did Man fight so to force the Whig into the Church and when he was there made a Trimmer of him and would have him out again Forty One was his Retreat against all who durst contend against him and the Government This was the Licenser of the Press but never was there such a Press Rifler For propagating this holy Cause Sir Francis North is made Chief Justice of the Common-Pleas Sir Richard Rainsford Chief Justice of the King's-Bench William Mountague Chief Baron Vere Bartue a Baron of the Exchequer Sir William Scrogs a Justice of the Common-Pleas and Sir Thomas Jones of the King's-Bench Men all durante bene placito You need not fear the Chancery for at this time there were four Chancellors and Lord-Keepers alive The Parliament was to have met the 10th of November 1674 but the Instructions from France were not yet sufficiently ripened so 't was put off till the 13th of April 1675. At the opening of this Session my Lord-keeper told the Houses No Influence of the Stars no Configurations of the Heavens are to be feared so long as these two Houses stand in good Disposition to each other and both in a happy Conjunction with their Lord and Soveraign but they ought not quieta movere nor res parvas magnis motibus agere The House of Commons had been sullen these two last Sessions and proceeded contrary to the Humour and Design of the Court and therefore a Bill was brought into the House of Lords eâ—tituled An Act to prevent the Danger that may arise from Persons disaffected to the Government which was the same imposed upon the dissenting Clergy by the Oxford five-Mile-Act this my Lord-keeper said was a moderate Security to the Church and Crown which no honest Man could refuse and who did gave great suspicion of dangerous and Antimonarchical Principles This Oath or Abhorrence or Test is mentioned before and is now set on foot to be taken by all who enjoy'd any Beneficial Offices Ecclesiastical Civil or Military to which were added Privy-Counsellors Justices of the Peace and Parliament-Men It 's strange to me that Princes or indeed other Men who have any Piety or Fear of God should think to be secure in unjust Actions by Mens swearing to observe them For tho Human Actions be voluntary yet the End and Design by them is not in Human Power Paul may plant and Apollos water but only God can give the Blessing with what reason then can Man expect a Blessing from God because his Name is profaned and made as a stalking-Horse to attain it What Security had the Presbyterians by their Covenant or the Rump Parliament by their Engagement or Oliver or his Son by their Recognition And more I think the King could not expect hereby Whereas Princes whose Thrones are establish'd by Justice and Righteousness have a nobler Security than can be hoped for by Mens previous swearing to get Offices and Employments so that Trajan who was truly called the Just put his Sword into the Prefect's Hands and bid him draw it against him whenever he should attempt any thing against the Publick Good This King had a way never gone by any of his Predecessors to be present in the House of Lords at Debates and would solicit Lords for their Votes This was first declaimed against by my Lord Lucas as an Awe upon the Peers in their Debates and Votes This Oath being the Gap to let in the Popish Designs you cannot think the King would now be away but give all Countenance to the passing of it the Bishops to a Man were for passing of it so were all the Court-Lords or those who hoped for Preferment so as these were the much greater Part Yet the Country Lords when they debated it in Paragraphs made it inconsistent with the present Constitution of the Nation vain and superfluous and inconsistent in it self which held for seventeen days together But the Debates were laid aside by the Commons Votes against the Jurisdiction of the Lords in Appeals from Chancery These Debates you may read at large in Print in a Tract intituled A Letter from a Person of Quality to his Friend in the Country But because my Lord-keeper will have an ill-meant Distinction between the King 's Natural and Politick Capacity I 'll put one Case which I do not find in all these Debates The one Part of the Oath is I declare That it is not lawful upon any Pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those who are commissionated by him in pursuance of such Commission Suppose Duke Lauderdale should have a Commission from the King to bring his twenty two thousand Scots into England and you cannot believe the Scots Law to do it was made to no purpose and plunder and dispossess the English of their Estates and the Sheriffs of the Counties should raise the Posse to suppress them and compel them to keep the Peace as the Sheriff by his Commission and Oath is bound to do On which side does the Abhorrence of the Traiterous Position of taking up Arms against those commissionated by the King lie But you 'll say this cannot be imagined and I say the Design of imposing this Oath makes this not only imaginable but believed to be intended In the Debates the Commons raise a Storm against the Lords Jurisdiction in Appeals from Chancery upon which the King prorogued the Parliament to the 13th of October 1675. Tho the Duke lost Ground in the House of Commons and was disappointed in carrying the abhorring Test in the House of Lords yet he gained so much upon the French King
several times and renewed the Charge but could not prevent their plain Flight yet made so brave a Retreat which wanted little of the Honour of a Victory so both the Citadel of Cambray and St. Omers upon the 20th of April fell into the French Hands and thereby the main Strength of the Frontier to the Dutch Netherlands lost And by these Conquests the French King not only delivered his own Subjects from the Contributions they paid to these Cities but enlarged his upon the Residue of the Spanish Netherlands Upon the 15th of February 167 6 7 the Parliament met again and from the Variance between the Houses about Appeals from Chancery to the Lords they fell at Variance in both Houses whether this long Prorogation were not a Dissolution The Contest was highest in the House of Lords and the Duke of Buckingham the Earls of Salisbury and Shaftsbury and Lord Wharton where committed close Prisoners to the Tower for their Reason alledged yet the Lords who voted their Commitment this Session were as zealous the last to petition the King to dissolve the Parliament when the Commons contested their Jurisdiction in Appeals from Chancery But tho the Commons being in love with their sitting resolved the Parliament not to be dissolved yet they committed none of their Members for debating whether the Parliament were not and granted the King an Additional Duty upon Beer Ale and other Liquors for three Years for now was the time to secure Religion and Property said my Lord Chancellor But whether the Parliament were dissolved or not the Commons were mightily alarm'd at the French Progress in Flanders and therefore upon the 23d of May resolved that an Address be made to the King to enter into a League Offensive and Defensive with the States General of the Vnited Provinces and make such other Alliances as he should think fit against the Growth and Power of the French King and for the Preservation of the Spanish Netherlands It seems the Ministers were as fearful of a War as the Commons were of this Peace wherein the Spanish Netherlands were in such Danger and therefore the King in his Answer upon the Twenty eighth of May told the Commons They had so intrencâ—â— upon so undoubted a Right of the Crown that in no Age it will appear when the Sword was not drawn the Prerogative of making War and Peace had been so dangerously invaded with a great deal more of suâ—â— Stuff and therefore assures them that no Condition shall make him depart from or lessen so essential a Part of the Monarchy A Man I think may swear out of what Quiver this Arrow was shot As if any King were less a King for being well advised especially by those who can best assist him To advise and to act 〈◊〉 different The Commons did not in this Address treat either 〈◊〉 War or Peace but only advised or counselled the King excited to it by their own as well as the King's Danger by the Growâ— of the French And sure Princes have not such a Prerogative a not to take Advice or Counsel in less Actions than of War and Peace If you look upon the King 's former Actions what Glorious Wars and Honourable Peaces he had made you had little reason to think it so dangerous to his Prerogative to advise him For my part I wonder the Commons should make any Address to him about them since they could have no Security in any Answer he should make to their Address For was not the King a Guaranty in the Treaty of Aix for the Preservation of the Spanish Netherlands before the Swede entred into the Triple Alliance And did not the King in the Beginning of this War declare he would observe the Treaty of Aix which he might do tho the Swede were out of it And was not the King by the last Peace with the Dutch obliged to withdraw his Subjects out of the French Service yet did not only continue them but permitted nay pressed his Subjects to recruit and encrease them In the first Dutch War which was designed for the Overthroâ— of the Protestant Interest then the Commons Advice was embraced and thankfully entertained but in this for the restraining the boundless Ambition of the French King is an unheard of Usurpation of the King's Prerogative However by this the Commons might perceive what Thanks they had from this King for their Restoration of him and for the manifold Millions they had poured upon him for the maintenance of his Prodigality and Luxury and how much he preferred the Enjoyment of his Minions and Flatterers above his own Honour the Safety and Welfare of himself the Nation or Christendom The King to shew his further Indignation to the Commons and to take French Counsels for Reparation of their dangerous Invasion of his Prerogative signified to the Commons that they should adjourn till the sixteenth of July following which was so absolutely obeyed by the Speaker then Mr. but now Sir E. S. that without the Consent of the House or so much as putting the Question he adjourned them to the sixteenth of July though Sir John Finch was impeached for the same thing of High Treason in Parliament in 1640. So that if the Parliament were not dissolved by the last long Prorogation another Question may now arise whether it was not so by their Separation without either Prorogation or Adjournment But in this time of War it seems the French King was not at leisure to give Counsel therefore when the Parliament met on the tenth of July Mr. Secretary Coventry signified that it was his Majesty's Pleasure they should be adjourned to the Third of December which Mr. Speaker did again by his own Authority But before the Third of December the King issued out his Proclamation that he expected not the Members Attendance then but that those about the Town might adjourn themselves to the Fourth of April 1678 yet when the House met the third of December Mr. Secretary Coventry delivered the House a Message from the King that the House should be adjourned but to the fifteenth of January 1677 which Mr. Seymor this third time did Thus did the Speaker make a threefold Invasion upon the Privilege of the House for the House's once presuming to invade his Majesty's Prerogative of making War and Peace In this Jumble of Adjournments the Prince of Orange about the End of September came into England and from Harwich rode Post to New-Market where the Court then was his Business was twofold a Wife and a Treaty with the King for the Preservation of the Spanish Netherlands terribly shaken by this last French Campagn Sir William Temple was sent into Holland by the King in July 1674 to mediate a Peace between the French King and States and after that to offer the King's Mediation for a general one between the Confederates and French King The Spaniards were fearful of this and the Prince jealous of it so that the Governour of the Spanish Netherlands
refused Sir William a Guard to go to the Prince and the Prince declined Sir William's coming to him so as Sir William was forced to return to Holland and wait for the Prince there till the Campagn was over After the Prince returned to the Hague Sir William acquainted him with the Powers the King had given him and that the King desired to act in concert with the Prince and therefore desired so soon as might be to understand the Prince's Opinion therein The Prince's Opinion was That the States with any Faith could not make a separate Peace and thereby expose the Confederates who had saved the States to the Mercy of the French King nor could a general Peace be made unless Flanders was left in a Condition to defend it self That it was in the King's Power to induce France to what was just and that the Prince must perform what his own Honour as well as what the States were engaged to for their Allies let it cost what it would This Answer was coldly received by the King so as he made no Reply to it My Lord Arlington possest the King that it was Sir William's ill Management that the Prince was not pliable to the King's Desires but if the King would imploy him in the Affair by the Benefit of his Lady's Relations the Prince might be better disposed So in November following the King sent my Lord Arlington upon this Affair to the Prince and my Lord Ossery who had married Madam Beverwort the Countess of Arlington's Sister My Lord Arlington treated the Prince with that Authority Arrogance and Insolence and so artificially that the Prince who was of a plain and free Disposition could not bear it but said the King never intended he should treat him the Prince after that manner Sir William and my Lord too had Instructions to sift the Prince to a Discovery of Applications made to him by discontented Persons in England and to enter into secret Measures with the Prince to assist the King against Rebels at home and to sweeten all my Lord Ossery gave the Prince Hopes of a Match with the Princess Mary the Duke's eldest Daughter but the Prince would not treat of a separate Peace was obstinate against the second said that the third was a Disrespect to the King to think that he was so ill beloved and that his Fortunes were not in a Condition for him to think of a Wife so that my Lord Arlington every way failed of his Expectation lost much of the King's Favour and utterly dissolved the Friendship and Confidence he believed he had in the Prince On the contrary though my Lord Ossery had above any other more bravely fought against the Prince's Interest by Sea in this last War with the Dutch yet the Sympathy of their noble Natures begot a Friendship which no Power less than Death could dissolve and my Lord became Partaker with the Prince in that glorious Attempt against the Duke of Luxemburg upon the Relief of Mons the Success of which was stopped by the unhappy separate Peace the States made with France and the Proposition which my Lord made of the Match between the Prince and the Princess made such an irresistible Impression in the Prince's Mind that would admit of no other Relief but Enjoyment Though the Prince could not suppress yet he concealed his Desires of matching with the Princess Mary till a little before the opening the Campagn 1676 when he disclosed them to Sir William Temple but before he made any Paces towards the attaining his Desires he desired Sir William's Opinion of the Person and Disposition of the Princess Sir William who was glad to find the Prince's Resolution to marry being a Debt due to his Family and the rather because he was the only one of the Masculine Line of it replied That he knew nothing of his own Knowledg of the Disposition of the Princess but had always heard his Wife and Sister speak with all the Advantage that could be of what they could discern in a Princess so young and more by what had been told them by her Governess Hereupon the Prince resolved to write to the King and Duke and beg their Favours to him in it and that my Lady Temple being to go over into England upon Sir William's private Affairs should deliver his Letters to both and desired that my Lady during her Stay in England would endeavour most particularly to inform her self of all that concerned the Person Humour and Disposition of the young Princess About two or three Days after the Prince brought his Letters to my Lady Temple he went to the Army my Lady Temple into England and about the beginning of July Sir William to Nimeguen to assist with Sir Lionel Jenkins as Mediators for a General Peace The States were desirous of Peace yet durst not break from their Confederacy not trusting England enough nor France at all so as to have Dependency upon either after the Peace made The French knew the States were bent upon Peace but the Prince against any but what was consisting with his Honour and the Preservation of the Spanish Netherlands so as to be a secure Barrier to the States against the Power of France The French Designs under the Covert of the general Peace to be treated at Nimeguen were to break the Confederacy and therefore their Ambassadors the Marshal D'Estrades and Monsieur Colbert accosted Sir William and told him they had express and private Orders from their King to make particular Compliments to him upon the Esteem their King had for his Person They told him they knew that the States were bent for Peace which could not be had unless the Prince of Orange would interpose his Authority which was so great with the Allies that they were sure the Allies would consent to whatever Terms the Prince should propose for a Peace and therefore there was no Way to procure a happy Issue but for the Prince privately to agree with France upon the Conditions in which the Prince might make use of the known Temper of the States to bring it to a separate Peace in case the unreasonable Pretences of the Allies should hinder a general one that the Duke of Bavaria had so acted his part with France at the Treaty 〈◊〉 Munster whereby he owed the Greatness of his House that b◠pursuing the same at Nimeguen it would be in the Prince 〈◊〉 Orange to do the same for himself and his Family and that 〈◊〉 what concerned the Prince's personal Interests their Master had given them Assurance he should have a Carte Blanch to write his own Conditions that tho they had other ways of making these Overtures to the Prince yet their Orders were to do it by none but Sir William if he would charge himself with 〈◊〉 that they knew the Confidence the Prince had in him and how far his Opinion would prevail with the Prince and that 〈◊〉 Sir William would espouse this Affair besides the Glory of having
alone given Peace to Christendom he might reckon upon what he pleased from the Bounty and Generosity of the King their Master Sir William in a well-composed Answer acknowledged his Obligations for their King 's good Opinion of him but that his Instructions were for a general not for a private Peace For the Prince of Orange he assured them it was his Opinion That the Prince had none for his or any Man 's else further than their Arguments prevailed upon his Judgment The Attacks upon Sir William not succeeding Monsieur d'Estrâ—des turned his Battery upon Pensioner Fagel to the same purpose the Ambassadors had done to Sir William of all the Advantage to the Interest of the Prince How these wrought upon the Pensioner Sir William does not say but says all the Offers of Advantages made to the Interest of the Prince met with no other Reception than what the Prince had foretold tho at this time the Prince struggled under great Difficulty by reason of the Frenchâ—â— â—â— great Treasure and great Order of disposing it The French Magazines were always filled in the Winter so as it enabled them to take the Field as they pleased in the Spring without fearing the Weather for their Foot or expecting Grass for their Horse On the other side the Spaniards wanting Money and Order left their Troops in Flanders neither capable to act by themselves nor in Conjunction with others upon any sudden Attempt nor to supply with Provisions either Dutch or Germans that should come to their Relief and their Towns were ill fortified and worse defended so that the French King in April took Conde in four Days and in May the Duke of Orleans took Bouchain and the Prince of Orange besieged Maestricht without Success But neither the good Success of the French this Campagn nor the ill Success the French Ambassadors had upon the Prince of Orange to induce him to a separate Peace retarded the French from pursuing of it for the French by their Emissaries in Holland but especially at Amsterdam offer such a Reglement of Trade as the People could desire the Restitution of Maestricht and all Satisfaction to the Prince of Orange he could pretend to upon his Loss or their Seizures in the War This put the Mob into a Ferment of having a separate Peace nor could any thing have allayed it but the noble Constancy of the Prince of Orange which stood unshaken in opposing it in all these Difficulties However this Campagn the Elector of Brandenburg in several Encounters beat the Swede and was in a hopeful State to have expelled them out of Germany and it had been just they had been so for the King of England and the King of Sweden were Guarantees in the Triple League at Aix la Chapelle for the Preservation of the Spanish Netherlands against the French King whereas the King of England stood still only looking on whilst the French Arms by Piecemeals devoured them and the King of Sweden in Conjunction with the French King assisting him in the War Put not your Trust therefore in such Princes The Prince of Orange however his Constancy in opposing a separate Peace was unshaken yet in the distracted State of the Confederates and the violent Humour of the Peoples running into it saw it was impossible to keep them out of it unless the King of England would interpose his Authority further than by being a bare Mediator and acquainted the King with it But the King in a long Letter under his own hand instead of an Answer complained That the Confederate Ministers in England caballed with Parliament-Men and raised all Mens Spirits against Peace as high as they could so that it was difficult for him to make any Steps with France towards a general Peace unless the Dutch Ambassador Van Beningham would put in a Memorial pressing the King from the States to do it and declared that without it all Flanders would be lost The Prince to comply with the King replied how willing he was that Van Beningham should put in such a Memorial from the States and that if the King pleased to have a sudden Peace the Prince thought it must be done upon the Foot of the Treaty of Aix la Chapelle which he would have the more Ground for because it was a Peace which he both made and warranted Sir William at this time was at the Hague when his Colleague Sir Lionel Jenkins wrote to him That there was a Negotiation of a separate Peace treating between the French Ambassadors and Beverning the Dutch Agent at Nimeguen without any Communication of it to the Mediators upon which Sir Lionel acquainted the Court of England with it Whereupon Orders were dispatched That in case a separate Peace was concluding or concluded the Mediators should publickly protest against it in his Majesty's Name This Sir William Temple wrote to my Lord Treasurer and Secretary Coventry That he could not understand the Reason of such a Protestation for if a separate Peace were thought so dangerous at Court as he knew it was in the Country the King might endeavour to prevent it and had it still in his Power as he had had a great while but if it were once concluded any other Effect of such a Protestation unless it were to irritate both Parties and bind them the faster by our being angry at their Conjunction could not be expected Nor did he know what Ground could be given for such a Protestation for tho the Parties had accepted the King's Mediation for a General Peace yet none of them had obliged themselves to the King not to treat of a separate one without his Mediation or if they had he did not see why the same Interests that could make them break through so many Obligations to their Allies should not make them as bold with a Mediator That as to prevent the thing may be a very wise and necessary Counsel so the King's Resolution in it ought to be signified as early as can be where it is like to be of that moment to France But if the thing should be first done as he could not tell how well to ground any Offence so he could as little how to seek Revenge and it would be to stay till we were struck and then trust to crying out That his Opinion was it were better to anger one of the Parties before a separate Peace than both of them after and if we must strain any Points of Controversy with them to do it rather by making a fair and general Peace than by complaining and protesting against a separate one But our Counsels at Court he says were so in Ballance between the Desires of living at least fair with France and the Fears of too much displeasing the Parliament upon their frequent Sessions that our Paces upon the whole Affair look'd all like cross Purposes which no Man at home or abroad could well understand and were often mistaken by both Parties engaged in the War as well as by both
either by their Ambassadors at Nimeguen or such as the Dutch should send his most Christian Majesty at St. Quintin or Gaunt The Dutch Ambassadors gave an Answer in writing declaring it was a Matter no longer entire since upon the Difficulty raised about the Evacuation of the Towns the States their Masters had been induced to sign a Treaty with England from which they could not recede nor from the Day therein fixed for the determining the Fate of War or Peace and as there was no Time so there could be no Deputation to St. Quintin or Gaunt nor any other Expedient besides the Consent of France to evacuate the Towns The Dutch Ambassadors having blown off his Chaff the French Ambassador then declared to the Dutch that they found the King their Master was resolved at the Desire of the Swedes to retard the Peace no longer upon their Consideration and would consent to evacuate the Towns upon Condition the States would send their Deputies to treat upon the Ways of securing the future Satisfaction to Sweden which was by both intended But the Dutch Ambassadors continued peremptory there could be no Deputation made by their Masters and if the Term fixed by the late Treaty with England should elapse there was no remedy but that the War must go on to which the French Ambassadors replied That their Hands were bound up from further proceeding without such a Deputation Whilst the French were thus wheedling with the Dutch to elude the Term fixed for the French evacuating the Towns at the same time Luxemburg pressed Mons and Schomberg seemed to threaten Cologn when the fatal Day came whether a sudden Peace or long War were to be reckoned upon in Christendom when Boreel came early that Morning from Amsterdam to the Dutch Ambassadors at Nimeguen which were Beverning and one Haren and then Boreel went to the French Ambassadors and after some Conference with them the French Ambassadors and Boreel went immediately to those of Holland and declared to them that they had received Orders to consent to the Evacuation of the Towns and thereupon to sign the Peace and that very Day at Night tho late Beverning signed a Treaty of Peace and Commerce Sir William Temple and Sir Lionel Jenkins refusing to join in it and the Confederates exclaiming against it The next day after this Peace was thus signed came an Express to Sir William Temple from our Court with the Ratificationâ— of the late Treaty between the King and States with Orders immediately to proceed to the Exchange of them whereupon St. William went from Nimeguen to the Hague and the next Day after his Arrival made an Exchange of the Ratifications Now was Holland in as much Disorder as the Confederates were at Nimeguen the Pensioner and several of the Deputies were as much dissatisfied with Beverning's Peace as the Confederates were and said he could not sign the Peace before he had acquainted the States with it and received new Orders there upon it and talked of calling him into Question for it and of disavowing what he had done and thereupon of having recourse to the Treaty made with the King which they now ratified But the Deputies of Amsterdam with whom others joined declared their Satisfaction of the Conclusion of the Peace made by Beverning and argued the Weakness of their Confederates especially Spain and the Unsteadiness and Irresolution of England had made the Peace absolutely necessary to Holland But however this Confusion and indeed the Fate of Christendom were the Consequences of Cross's Pacquet and his acquainting the Deputies with a Peace made between the two Kings yet how dishonourable soever this was to the King he was not at all concerned at it that I can find but pleasantly told Sir William Temple Thâ—â— the Rogue Du Cross had outwitted them all Could this be believed if the great Authority of Sir William Temple had not said it During these Brawls both at Nimeguen and all Holland over the Prince of Orange upon the Fourteenth of August stormed Luxemburg's Camp before Mons wherein the brave Duke of Mâ—mouth and the noble Earl of Ossery were Partakers in the Glory of it and notwithstanding the French Posts were fortified with all imaginable Art and that the Prince's Army had undergone the Fatigue of a hard March attack'd them with a Resolution and Vigour that at first surprized them and after an obstinate-Fight so disordered them that though the Night prevented the further Prosecution of the Action yet it was generally concluded That if the Prince had been at Liberty next Day to have pursued the Action with seven or eight Thousand English who were ready to have joined him he might in all Appearance not only have relieved Mons but have made such an Impression into France as had been often designed but could not be done before And I dare say if Luxemburg had had the like Advantage over the Prince the Dutch would have heard further of it but the Prince was bound up by a limited Authority and so could not pursue the Advantage he had acquired against the French The Success of the Battel at Mons though the Prince's Army were withdrawn gave new Life to the Spaniards and Confederates that the War would go on according to the Ratification of the Treaty at the Hague exchanged the Day before the Fight by Sir William Temple and the States whereas Beverning's Peace at Nimeguen was concluded without the States besides English Forces arrived daily in Flanders as if the King were now resolved to join with the Dutch in carrying on the War pursuant to the League which made the Confederates as well as the Spainards refuse to agree to Beverning's Peace Besides neither the French Pretensions to the County of Beaumont and the Town of Bovignes nor in what Plight the six Towns should be delivered up whether demolished or in the Plight they then stood nor the Dependences upon the Six Towns were adjusted by Beverning's Peace But this Hope of the Spaniards and Confederates shall cost them dear and only serve to advance the French Terms and intolerable Ravages of the French upon them For the French cared little for the Confederates in Disjunction with the Dutch and as little for the Dutch when he had obtained his Ends upon the Confederates and therefore the French fall to their wheedling Trade again with the Dutch and the French King sent a Courier to Nimeguen to satisfy the States in those Clauses of the Treaty wherein they seemed justly to except against Beverning's Conduct thereby to cover the Credit of that Minister who had been so affectionate an Instrument in the Progress of the Treaty and gave them the States Liberty a little to soften the Rigour the French had as yet exercised in the smallest Points contested with the Spaniards and at last dispatched an Express to the Dutch Ambassadors with Power to remit all the Differences which obstructed or retarded the Conclusion of the Treaty between France and Spain to
Design to bring Trouble upon a Handful of poor Catholicks that would live peaceably however they were used but that it should light upon others Now the Design appears barefac'd for would you think it the Earl having delivered the Explanation of his taking the Test by the Duke 's peremptory Command this is interpreted a publishing of it and upon Tuesday the eighth of November a Council was called without calling the Earl to it and an Order was sent by one of the Clerks of the Council to the Earl that before 12 a Clock next Day he should enter himself a Prisoner in the Castle of Edinburgh and a Warrant was sent to the Deputy Governour to keep him Prisoner wherein the Word Sure firmance tho fairly writ was struck out The Earl obeyed and by himself alone in a Hackney Coach rendred himself a Prisoner accordingly And now you 'll see how absolutely in this deputed Authority the Duke demeaned himself without Reserve what then might be expected from him in Case he should become King The Earl some Days after he had rendred himself Prisoner wrote to the Duke telling him how he had obeyed his Highness and Council's Order in rendring himself a Prisoner and how that he wrote no sooner lest he might be thought too impatient of Imprisonment which appeared to be the Effects of high Displeasure which he hoped he no ways deserved and was resolved to continue all Duty and Obedience to his Majesty and Highness and begg'd to know what Satisfaction was expected where and how he might live in his Highness's Favour to which no Answer was returned but a Summons charging the Earl with leasing making and depraving of Laws And after another Summons came out and published with Sound of Trumpet charging the Earl with Perjury and Treason but when it was told the Duke that such a Process threatned the Earl's Life and Fortune the Duke said Life and Fortune God forbid The very Day November the eighth that the Council ordered the Earl to render himself a Prisoner the Council sent a Letter to the King wherein they sent the Earl's Explanation of his taking the Test and how they had commanded his Majesty's Advocate to raise a Pursuit against the Earl upon it yet expecting his Majesty's Commands for their further Prosecution of it But the King might command what he pleased his Commissioner and Council would do what they would with it for before any Return of their Letter they caused the King's Advocate to exhibit an Indictment against the Earl upon the Points of slandering and depraving And after the Return of the King's Letter they ordered a new Indictment against the Earl containing besides the former Points the Crimes of Treason and Perjury before they acquainted the King with it The Earl thus mewed up that he might not give any Offence twice petitions the Duke and Council that Sir George Lockhart might be his Advocate to plead his Defence yet both times refused the Reason of these Petitions were that without Leave none would dare to plead the Earl's Cause for fear of the King's Displeasure However by the Act 11 Jac. 6. Cap. 90. It is the undeniable Privilege of all Subjects accused for any Crimes to provide themselves Advocates to defend their Lives Honours and Lands against whatsoever Accusation So by the 11 Jac. 6. c. 90. it is declared That in case Advocates refuse the Judges may compel them Hereupon the Earl drew up a Letter of Attorney constituting Alexander Dunbar to require Sir George Lockhart to plead for him which the Duke no sooner heard but said If Sir George Lockhart plead for the Earl he shall never plead for my Brother nor me But the Earl might set his Heart at rest for whatever Counsel he had his Case was fore-judged before heard However for forms sake upon the Twelfth of December 1681 the Earl was brought by a Guard of Soldiers before the Justice Court where the Earl of Queensberry was Chief Justice General and the Lords Narin Collingtoun Newtoun and Hirkhouse Lords Justiciary sitting in Judgment It is inconsistent with the Design of this Treatise to set down the Earl's Speech at large and the long and learned Pleadings of Sir George Lockhart and Sir John Dalrymple for the Earl's Defence and the King's Advocates pleading against the Earl and their Doubling's and Tripling's yet it 's fit to say something of them and leave the Reader at Liberty to read them at large in the Earl's Case which is printed The Earl in his Defence only claims the Privilege of the meanest Subject tho under an ill Character to explain his own Words in the most benign Sense and how strange and impossible it would be to believe he intended any thing but what was sutable to the Principles of his Religion and Loyalty though he did not express himself at all Then he enlarged how from his Youth he had made it his Business to serve his Majesty faithfully constantly and to his Power especially in all times of Difficulty and never joined or complied with any Interest or Party contrary to his Majesty's Authority and so that he never received a Frown from his Majesty these thirty Years and that even in this Parliament how he had shewed his Readiness to serve the King and Royal Family in so vigorously asserting the Lineal Succession of the Crown and in offering Supplies to his Majesty and Successor and that he had always kept his Tenants in Obedience to his Majesty How strange then is it that Words spoken for the clearing his own Conscience should be wrested into Treason especially where the same was done before by many Orthodox Clergy whole Presbyteries Synods and some Bishops so that an eminent Bishop took the Pains to write a Treatise that was read over in Council and allowed to be printed and a Copy given to him which contains all the Expressions he is charged for and many more may be stretched to a worse Sense and having wished all Happiness to the King and a Continuance of the Lineal Succession left his Defence to his Advocates Sir George Lockhart and Sir John Dalrymple then several Letters from General Middleton and the Earl of Glencarn were read testifying the Earl's Loyalty and Services to the King The Treason charged upon the Earl in the Indictment consists of these six Heads 1. That the Earl considered the Test and was desirous to give Obedience to it as far as he could clearly insinuating thereby he was not able to give full Obedience 2. That he was confident the Parliament never intended contradictory Oaths therebâ— to insinuate to the People that the Parliament did impose contradictory Oaths 3. That every Man must explain for himself and take it in his own Sense whereby that excellent Law lost its Obligations 4. That he took the Test so far as it was consistent with it self and the Protestant Religion which depraved the Test and misrepresented the King's Parliament's Proceedings in the highest Degree 5. That he did
not out of Favour to Colledge but to betray him for when the Bill against Colledge was found at Oxford Murrel a Goaler and Seywel a Messenger were sent to bring Colledge to Trial who after they had taken him out of Prison run him into a House and by Order of the King's Counsel took from him all his Instructions for his Defence and carry'd them to the King's Counsel as well to disable him to make his Defence as to enable the King's Counsel how to proceed against him by some way he was not provided to make his Defence Upon Colledge's Arraignment he demanded his Papers taken from him by Murrel and Seywel which were denied by the Court till he had pleaded guilty or not to his Indictment Here take notice that Sir Francis Pemberton Sir Thomas Jones and Justice Raimond having done the Court's Job in Fitz-Harris's Trial a new Set of four is made to do this of Colledge's the chief of these was Sir Francis North a Man cut out to all Intents and Purposes for such a Work and as if born to do it his Father was a Committee-Man in all the late Times against King Charles I. and his Grandfather one of the seven who condemned Arch-bishop Laud it 's no matter who were the other three for North was the Mouth of the Court. This was the first time that ever any Prisoner had his Instructions taken from him to make his Defence and at a time when there were such Contrivances to take away his Life My Lord Chief Justice told Colledge he took not away his Papers but Colledge replied they were taken from him upon pretence of bringing them to his Lordship The Court and Counsel had a twofold Design upon Colledge in seizing his Papers one to trapan Colledge to plead guilty or not before they deliver'd the Papers which having done it was too late to plead either to the Jurisdiction of the Court or that the Indictment was erroneous as it was it being of different Natures as for Treason and Misdemeanours Here I leave it to the Learned to judg whether the Court and King's Counsel did not in this Indictment endeavour to depose the Parliamentary Authority and usurp it themselves for tho the Commons may impeach generally for Treason and Misdemeanours in the same Impeachment yet neither by the Common or any Statute Law any such Indictment can be The other Design was to disable Colledge to make his Defence after his pleading not guilty Colledge finding himself thus beset tho a mean Man yet with a Roman Courage said This was a horrid Conspiracy not only against his Life but against all the Protestants of England And herein he proved a true Prophet The Courage of the Man put the Court and King's Counsel to the Whisper which was never before done in any Court of Common Law and now the Court must be adjourned the Pretence being for Dinner tho they had breakfasted but a little before and before their Return the King's Counsel altered their Method of proceeding against the Prisoner from that they before designed and so sorted their Evidence that they might not contradict one another and so would not examine some of his Evidence Yet upon the Return of the Court the Attorney Sir R. S. for fear his Instructions might not well be remembred or understood moved the King's Evidence might be examined in the hearing of one another which tho over-ruled yet 't was not observed and to satisfy the Jury the Court Sir F. N. told them in summing up the Evidence they would inform the Jury what part of it was Treason and what Misdemeanor which they did not Mr. Hawles's learned Remarks herein as well upon Law and Practice are worthy the Consideration of the Parliament The Court and Counsel thus armed Cap-a-Pe and the Prisoner bound Hand and Foot you need not doubt of a glorious Victory over him And now let 's see by what valiant Combatants they aâ—chiev'd it The first Champion against Colledge but whether to prove Treason or Misdemeanour is not yet determined was Stephen Dugdale That in a Barber's Shop and a Coffee-house he had spoken vilifying Words of the King that Colledge had shew'd him several scandalous Libels and Pictures of which he was the Author that Colledge had a silk Armour a Brace of Horse-Pistols a Pocket-Pistol and a Sword that he had several stout Men would stand by him that he would make use of them in Defence of the Protestant Religion and that the King's Party were but a handful to his To pass over the Improbability of Colledge's designing Treason against the King and trust the Management of it to Papists and none of them ever discovered the thing they swore till after the Parliament at Oxford tho most if not all were pretended to be transacted or done before let 's see what Credit could be reasonably given to any of the Evidence against him 1. Dugdale ' s Evidence was confronted by Dr. Oates who testified that Dugdale said He knew nothing against any Protestant in England and being taxed by Oates that he had gone against his Conscience in the Evidence he gave to the Grand Jury at London against Colledge Dugdale said It was long of Colonel Warcup a worthy Person who for this and such like Services is since Knighted for he could get no Money else Elizabeth Hunt testified That after Colledge was in Prison Dugdale told her He did not believe Colldge had any more hand in conspiring against the King than the Child unborn and that he had as live have given an 100 l. he had never spoken what he had and that he had nothing to say against Colledge which would touch his Life and Yates testified that when he said Colledge was an honest Man and stood up for the King and Government Dugdale answer'd I believe he does and I know nothing to the contrary Haynes swore Colledge said Vnless the King would let the Parliament sit at Oxford they would seize him and bring him to the Block and that he said The City had fifteen hundred Barrels of Powder and ten thousand Men ready at an hour's warning 2. To confront this Evidence Hickman testified that Haynes swore God damn him he cared not what he swore for it was his Trade to get Money by Swearing Mrs. Hall said she heard Haynes own That he was employed to put a Plot upon the Dissenting Protestants And Mrs. Richards said She heard him say the same thing Whaley said Haynes stole a Silver Tankard from him And Lun said Haynes said The Parliament were a Company of Rogues for not giving the King Money but he would help the King to Money enough out of the Fanaticks Estates Everard testified that Haynes said His Necessity and hard Pay drove him to say any thing against the Protestants Turbervile swore Colledge said at Oxford That he wished the King would begin if he did not they would begin with him and seize him and that he Colledge came to Oxford for that
Family might accompany the Captain to Carolina which was agreed to but the Captain being under several Disappointments and the charges of the Ship of four Months lying in the River insupportable the Captain was arrested and thrown into the Compter from whence he removed himself to the King's Bench. The Captain 's Necessities were equal or more than those of the Irish Evidence but the Captain at least as he supposed had no need of a Pardon for any thing designed against the King or Government as the Irish Evidence had so the first Attempt upon the Captain was to hire him to give Evidence against my Lord of Shaftsbury If Empson and Dudly were so zealous to fill Henry the 7th's Coffers by straining the Penal Laws to utmost Rigour as the Vogue went Graham Baynes and Burton were as zealous to pack Juries and procure Evidence for carrying on this black Design but I do not find Burton was in this upon Captain Wilkinson Upon the eighth of October Baynes made his first Attack upon the Captain and told him that he had been lately with Mr. Graham who had a great Interest with my Lord H. and that the Captain could not but know much of my Lord Shaftsbury's Designs and that he had now a desired Opportunity to discover them and urged the Captain not to deny the proffer and that he need not fear his getting a Pardon but the Captain was constant that he knew nothing of any such Design By this time Booth was a Prisoner in the King's Bench as well as the Captain and upon the eleventh Booth attack'd the Captain and told him he might have 500 l. per annum or 10000 l. if he would discover what he knew of my Lord Shaftsbury's Design against the King and that the Captain should appear at Court and have Assurance of it from Persons of Honour but this wrought not upon the Captain neither Upon the thirteenth Baynes Booth and Graham renewed the Promises Baynes and Booth had made and that he should have the King's Promise for the same and his Royal Word for a Reward for his Sufferings and that Graham was sent by some of the Council to bring the Captain to the King and that he had an Order for it but all would not do for the Captain was resolved not to go to White-Hall if he could help it Upon the fourteenth Booth told the Captain that Mr. Wilson my Shaftsbury's Secretary who was a Prisoner in the Gate-house had sent to the Council that he would come and discover all he knew and therefore he urged the Captain to have the Honour of being the first Discoverer and that to the former Promises the Captain should have 500 l. per Annum settled on him in Ireland by the D. of York but all to no purpose Upon the fifteenth Booth and Baynes attackt the Captain again the Captain asked Baynes why he was so urgent for his Testimony Baynes answered That as yet they had none but Irish Evidence which would not be believed but if the Captain came to it he was not blemished in his Credit and then Baynes told him if he would not go he Baynes had a Habeas Corpus from my Lord Chief Justice Pemberton to carry him to White-Hall In the Afternoon the Captain was carried by his Habeas Corpus to Whitehall and examined in the Secretary's Office by my Lord Conway and Secretary Jenkins and in his Examination in comes the King into the Office as before he had done into the Dutchess of Portsmouth's Chamber when my Lord H came to kiss her Hand and there the King told the Captain he had served his Father and him faithfully and hoped he the Captain would not now decline his Obedience to which the Captain answered he never deserved to be suspected then the King told him he had not the Opportunity to serve his Friends but hoped he might then the King examined him what he knew of my Lord Shaftsbury's having a Design against his Person but the Captain upon his Oath denied he knew any thing so the King left him to the further Examination of Secretary Jenkins But this Business did not stay here for the Captain was carried into another Room where were present the King my Lord Chancellor the Lord Chief Justice Pemberton and several other of the Nobility with Graham Baynes and Booth where my Lord Chancellor was very sharp upon the Captain and put several Questions to the Captain which he could not answer and told the Captain there were two sorts of Advancements and that the Captain was like to come to his Trial before the Lord Shaftsbury The Business was Booth had sworn that the Captain had a Commission from my Lord Shaftsbury for a Troop of fifty Men to be my Lord's Guards against the King and that Booth was listed in it This Booth had sworn but was so unfortunate in it as to swear this was when the Parliament was at Oxford at which time the Captain was making his Preparations for his intended Government of Carolina but whether the King believed the Captain or Booth is unknown but it stop'd here and the Captain was no higher advanced upon Booth's Oath nor could be prevailed upon to be a Witness against my Lord Shaftbury though his Wife was as much tempted to have it so as the Captain was so the Captain 's only Advancement was to be remanded to Prison However it was resolved that my Lord Shaftsbury should be prosecuted and so upon the 24th of November a Bill of High Treason was preferred against him to the great Inquest at the Sessions-House in the Old-Baily and Baines proved a true Prophet though Booth sware to the Captain's Command of Fifty Men to be a Guard to my Lord for the Jury neither believed him nor the Evidence so baffled at Colledge's Trial nor the Irish Evidence added to that and so returned an Ignoramus upon it Suetonius in the Life of Tiberius says he could never have made such Ravages upon the Roman Empire and exercised such Cruelties if he had not been backt by an Officious and flattering Senate which carried the Face of Justice in it and tho it be evident that for near Eighty Years these three Kings of the Scotish Race had been endeavouring to establish an Arbitrary and Tyrannical Government over this Nation yet except King James the First who if his Necessities had not forced him would have never had a Parliament after the first and who by his own Authority created so many Monopolies and Benevolences and in the Parliament of the 12th and 18th Years of his Reign without any Colour of Justice imprisoned so many worthy Gentlemen without the Benefit of Corpus's for their Debates in Parliament yet these other two pretended to raise their Tyrannies under the Form of Justice and therefore Charles the First after he for Fifteen Years together had not only exceeded his Father in granting Monopolies and raising Money by Loans Benevolences Coat and Conduct Money but also
Service and that all the Bishops in their respective Diocesses should take care to have this done accordingly The Bishops who knew the Declaration of Indulgence was designed to conjoin the Protestant Dissenters with the Popish to ruin the Established Church easily foresaw that the Order to them was to pick a Quarrel with them for the King might have ordered it to be read without as well as by them And besides the Injustice of it it was deemed an undecent thing that the Fathers of the Church in time of Divine Setvice should be the Instruments to give a Liberty to all whether they should come to Divine Service or not Besides the Bishop of London who stood suspended thes Bishops viz. the Archbishop of Canterbury the Bishops of Bath and Wells Ely Peterborough Chichester St. Asaph and Bristol were in or about the Town and this Order of Reading the Declaration in Churches was served upon them The Bishops in a humble Petition to the King gave their Reasons in Writing but so cautiously that after it was drawn up they would let no other Man see it before they presented it why they could not comply with the Order of Council The Chancellor tho he thought his Commission big enough to suspend the Bishop of London and Vice-Chancellor of Cambridg and expel the Master and Fellows of Magalen College in Oxford yet it seems did not think it sufficient to suspend these Bishops and therefore advised the King 't was said to try them upon an Information of High Misdemeanour in the King's Bench and in order to it they were committed Prisoners to the Tower Accordingly the Bishops were tried in the King's Bench in Trinty Term following upon an Information of High Misdemeanour for their Petition to the King but how secure soever the King and Chancellor thought themselves of the Judges and tho Sir Robert Wright who was Chief Justice and Sir Richard Allibone a known Papist were two of them yet they were not all of a Piece for Mr. Justice Powel both learnedly and stoutly defended the Bishops Cause If we look down to the Bar we shall see as strange a mixture as in the Bench for the late Attorney-General Sawyer and Solicitor Finch who were so zealous to find my Lord Russel Colonel Sidney and Mr. Cornish c. guilty of High Treason and for Surrender of Charters now they are turned out are as zealous for the acquittal of the Bishops and the then Solicitor-General of a most zealous Prosecutor of Abhorrers and Searcher into the bottom of the Popish Plot as zealous for finding their Misdemeanour However the Jury acquitted the Bishops Unless it were when Monk came into the City the 12th of February 1659-60 and Colonel Cloberry told the Citizens at Guild-Hall they should have a free Parliament or when King Charles came into London the 29th of May following never were such loud Acclamations of Joy exprest as upon the Acquittal of the Bishops nor did the Bounds of the City terminate this Joy but it flew like Lightning to Hounslow Heath where the King would be present to see the Army exercised wherein he trusted more than in Justice and Righteousness to accomplish his Design It seems the King was treated that Day by my Lord of Feversham General of the Army in his Tent when the News of the Bishops Acquittal arrived at the Army which entertained it with a general Shout the King 't was said was startled at it and sent the Earl to enquire the Cause the Earl in return told the King 't was nothing but the Souldiers Joy for the Acquittal of the Bishops And call you that nothing replied the King who was much discomposed upon it and well he might for now he saw how little Confidence was to be imposed in the Army he so much relied upon It 's a Duty incumbent upon Mankind to honour and worship God and give him Thanks for the Benefits received from him and to petition and pray to him for continuance of them Next after God it 's the Duty of all Subjects to honour the King for the Benefits they receive by his Justice and Protection and to petition and pray Relief from him for Oppressions and Injuries which cannot be redressed by the ordinary Course of Law or where the Ministers of the Law either cannot or refuse to do Justice It 's therefore the Wisdom of our Constitution that Parliaments frequently meet not only to receive Petitions against Oppressions or Injuries received which were not or could not be redressed by the King's Ministers of the Law but also to correct and punish the King's Ministers themselves if they transgressed or neglected their Duty But tho frequent Parliaments are the most proper Expedients for the Subjects herein yet oftentimes Accidents may be which will not stay for relief by Parliament as in Case of the Bishops In May they are ordered to have the King's Declaration of Indulgence read in all Churches and Chappels of their respective Diocesses and to do it and to give no Reasons why they could not do it would have been a manifest Contempt of the King's Authority they could not do it either in Honour or Conscience and by an humble Petition and Address represent this to the King and for ought appeared then the King never intended to call another Parliament till he had modelled them as much to his Will as Cromwel did Barebone's Parliament This Petition is made a High Misdemeanour and the Bishops committed upon it and Father Petre the Club of Jesuits the Attorney and Solicitor-General Graham Burton c. are all plotting how to make it so So as now the Kingdom is without all hopes of a free Parliament and yet it is a High Misdemeanour to address to or petition the King And that this Order upon the Bishops to enjoin the Reading of the King's Declaration for Indulgence was a Design upon their Persons as well as upon the Church is apparent for after their Acquittal Orders from the Commissioners of Ecclesiastical Affairs were sent into all parts of England to return an Account to the Lord Chancellor of those that refused to read the Declaration of Indulgence that they might be proceeded against for their Contempt but the Reign and Rage of these Commissioners was too hot to last long and now let 's see what return of Praises and Thanksgivings the Bishops can make to God for their Deliverance God requires Truth in the inward Parts and that it should govern all the Intentions Speech and Actions of every Man in his Conversation with Man yet more in his Prayers and Petitions to God and if it be an High Crime of Hypocrisy to speak or act contrary to a Man's Knowledg or Belief for the end designed thereby is to deceive another though God cannot be deceived it 's a greater Crime to approach his Omniscience with Prayers and Petitions contrary to a Man's certain Knowledg or firm Belief I take it for granted that the Bishops understood the King's Declaration