have a Commission but by Law is utterly disabled and disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial and Club-Law and help to destroy all others only to be eaten up at last your selves If I know you well as you are English Men you hate and scorn these things And therefore be not unequally yoked with idolatrous and bloody Papists Be valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since 88. The first Lightning which the dormant Commission of Ecclesiastical Affairs produced fell upon the Bishop of London a Person of Exemplary Vertue and Loyalty and who besides the Nobility of his Birth had his Father slain in the late Civil Wars in defence of the King's Father's Cause and had himself and all his Brothers freely and valiantly exposed their Lives in defence of it The Crime alledged against him was that by the King's Letter he did not suspend Doctor Sharp then Dean of Norwich now Archbishop of York for preaching a Sermon against the Frauds and Corruptions of the Church of Rome by a Power as Arbitrary as that by which the Commissioners acted and for this these Commissioners suspended the Bishop tho every one understood the true Cause was the Bishop's Motion in the House of Lords to have debated the King's Speech Tantum Religio potuit swadere malorum I 'm perswaded King Charles the II. to make a Roman Hierarchy in Scotland made the Bishops out of the most obnoxious of the Clergy who besides their profligate Lives run the King's Prerogative there to a higher pitch than Laud in the King's Father's time did in England And that towards the latter end of his Reign he laid the same design here for the Bishopricks of Oxford York St. David's and Chester becoming void about the latter end of his Reign or beginning of King James's I 'll not name the Bishoprick of Litchfield and Coventry for the Petticoat governed in that Election Dr. Samuel Parker whom Mr. Marvel in his Rehearsal transposed calls Bays a Man of a virulent Disposition and who by railing against the Church got into Preferment and when he was in became a zealous Railer against them without was made Bishop of Oxford Dr. Cartright as high for the Prerogative as Parker was made Bishop of Chester and the Succession to these two Bishopricks was the more observable because Parker succeeded Dr. Fell and Cartright Dr. Peirson Men of Piety and Learning equal to any in their time and one Watson an obscure Man was made Bishop of St. David's but the Archbishoprick of York was reserved for a Person of another Temper whom these Bishops were making way for The Presidentship of Magdalen College in Oxford becoming void and the Fellows fearing a Mandamus would be imposed upon them for some Person not qualified by the Statutes and whom by their Oaths they could not submit to chose Dr. Hough for President a Person qualified by their Statutes for that Place As the Fellows feared so it came to pass for the King sent them a peremptory Mandamus to chuse the Bishop of Oxford Bays their President but he being a Person not qualified by the Statutes of their College which the Fellows were sworn to observe they in a humble Answer excused themselves as being otherways obliged as well by their Oath as Statutes I will not repeat the Anger the King express'd hereupon 't is in Print but sure such Language was never used by any Prince before But if the King 's harsh Language will not work the Fellows to his Will he will send the Commissioners of Ecclesiastical Affairs among them to turn them out of their Fellowships wherein they had as much Property as any other had to any real or personal Estate nor shall these Commissioners stay here but by a new strain of Tyranny never practised but by Absolute Tyrants they make the Fellows uncapable of any other Ecclesiastical Preferments The Fellows thus expelled the Statutes of the College are thrown out of Doors to make room for a Seminary of Jesuits and Popish Priests as much tending to the Subversion of the established Church of England as the Statutes of the College But see how God in his Providence blasted these things for the Bishop of Oxford had scarce taken possession of his thus new-acquired Presidentship when he died and you 'll soon see the Fellows restored again in spite of these Commissioners and Dr. Hough made Bishop of Oxford as well as President of Magdalen College If the King were zealous in advancing his Prerogative Royal both in the Church and State of England he will not be less in Scotland whereupon the 12th of February 1686-87 he issues out his Proclamation for Toleration of Religion which you may read in the State Tracts wherein he asserts his Absolute Power which he says his Subjects ought to obey without reserve But the Toleration which the King allows his Roman Catholick Subjects in Scotland he 'll scarce permit to his Protestant Subjects in Ireland for Tyrconnel for so has Talbot merited for his Service in Reforming the Army is not only made an Earl but Lord Lieutenant of Ireland in the room of my Lord Clarendon and one Fitton made Sir Alexander an infamous Person detected for Forgery not only at Westminster but at Chester and fined in the House of Lords was brought out of the King's Bench in England to be Chancellor and Keeper of the King's Conscience in Ireland in place of Sir Charles Porter The first Proclamation which Tyrconnel issued out was dated Feb. 21. 1687. wherein he promised to defend the Laws Liberties and established Religion but leaves out the preservation of the Acts of Settlement and Explanation But tho at first he only left out the Acts of Settlement and Explanation being resolved first to out the Protestants and let the Irish into their forfeited Estates yet did he not stay here and Bishop King in his Treatise of the State of the Protestants in Ireland gives so particular and methodical an Account how he proceeded in the destroying the Church and State of Ireland as by Law established that I refer the Reader to it not intending to lessen it by taking parts of it When the Judges had been above a Year propagating the King's Power in Westminster-Hall and in their Circuits of dispensing with the Penal Laws and Tests against Dissenters from the Church upon the 25th of April 1687 out comes the King's Declaration to all his Subjects for Liberty of Conscience wherein the King declares That it had been a long time his constant Sense and Opinion that Conscience ought not to be restrained nor People forced in Matters of meer Religion and that it was contrary to his Inclination as he thought it to be the disinterest of the Government by spoiling Trade and depopulating Countries c. Sure no Prince ever acted
leaving a Horse alive still in hopes of the Relief promised from England they held out so long till but 4000 of 15000 were left alive most of them died of Famine and when they began to be pinch'd with Extremity of Hunger they died so fast that they usually carried their Coffins into the Church-yard and other Places and therein laid themselves and died great Numbers of them being unburied and many Corps eaten with Vermin Ravens and Birds when the French Army entred the Town The Outrages committed against the Reformed Churches in France were so high as constrained them to implore King Charles his Aid in these Expressions That what they wrote was with their Tears and Blood But how unhappy soever this Prince's Fate was in War abroad yet it had been happy for him if he had not made his Fate worse at home and now let us see what Steps he made towards it even in this short Recess of the Parliament's Meeting Upon the 15th of July the King made Sir Richard Weston who died a declared Papist Lord Treasurer of England and the same Day translated Laud the Firebrand of the Arminian Faction to the Bishoprick of London whose next Step was Arch-bishop of Canterbury who that he might testify his Zeal to this Cause which after set all these Nations on Fire got Richard Mountague to be consecrated Bishop of Chichester the 24th of August following This Mountague was fierce for Arminianism and wrote a Book call'd A new Gag for an old Goose for which he was questioned in the Parliament of 23 Jac. and the Cause was committed to Arch-bishop Abbot which then ended in an Admonition and though the Arch-bishop disallowed the Book and sought to suppress it yet it was reprinted and dedicated to King Charles under the Title of Appello Caesarem Hereupon the Commons 1 Car. questioned Mountague for this and gave Thanks to the Arch-bishop for what he had done but this displeased the King who took the Business out of the Commons Hands but they had taken Bond of Mountague to appear I desire to be more particular herein because Arminianism was not only turn'd up Trump for the flattering Clergy to play their Game but for the Popish Party to undermine the Church of England as it was established by Law and the Canons Doctrine and Homilies of it and now Mountague's Cause was recommended to the Duke of Buckingham by the Bishops of Rochester Oxford and Laud Bishop of St. Davids as the Cause of the Church of England Thus this Cause stood when the King dissolved the first Parliament the 12th of August 1625. But the King's Necessities as he managed Business forcing him to call another before assembled Laud procured the Duke to sound the King whether he would leave Mountague to a Trial in Parliament which the King intended to do whereupon this pious Man Laud said I seem to see a Cloud arising and threatning the Church of England God of his Mercy dissipate it Note that all those who were not of this Faction of Arminianism were stiled by them Puritans these Mountague treats with bitter Railing and injurious Speeches and inserts divers passages in his Appeal dishonourable to King James the Commons therefore prayed that the said Mountague might be exemplarily punished and his Books supprest and burnt Yet this is the Saint that Laud in the first Act of his Regency as it may be called after he became Bishop of London must have made Bishop of Chichester and after Bishop of Norwich But this is observable that while Neal and Laud were consecrating Mountague News came of the Duke's being stabb'd This was the first step after Laud's Preferment the next was a Pardon for Mountague and Manwaring of all Errors by speaking writing and printing and you cannot believe that Laud would be less kind to Manwaring than to Mountague and therefore notwithstanding Manwaring's Censure he procured Manwaring the fat Rectory of Stamford Rivers in Essex and a Dispensation to hold it with the Rectory of St. Giles in the Fields That you may see the Kindness of this Bishop of London to our Laws in the very Infancy of his Power When Felton was brought before the Lords of the Council for murdering the Duke Laud threatned Felton with the Rack unless he would confess his Inducement for murdering the Duke but the King then in Council refused till the Judges were consulted and said if it could be done by Law he would not use his Prerogative but though the Judges determined he could not be put to the Rack by Law the King was graciously pleased not to use his Prerogative yet this was no thanks to the Bishop of London Now let 's see the Fruits of the Petition of Right and the manifold-Declarations of the King for maintaining the Laws of the Land and the just Rights and Liberties of the Subject but here you may understand that though he had taken the Customs not granted by Parliament yet by virtue of his Prerogative Royal he had enhanced the Rates such as were never granted by any Parliament and declared it his absolute Will and Pleasure besides that of Wines that the 2 s. and 2 d. Duties upon every Hundred of Currants by the Book of Rates should be advanced to 5 s. and 6 d. in the Hundred The first that suffer'd under the King 's absolute Will and Pleasure was Mr. Chambers who was committed by the Lords of the Council this Michaelmass-Term and was bailed by the Court of King's-Bench for which the Judges were check'd having done it without due Respect to the Privy-Council Next Mr. Vassal's Goods were seized for not paying the 5 s. 6 d. upon every hundred pound Weight of Currants upon which the Attorney General Sir Robert Heath exhibited an Information against him in the Exchequer to which Mr. Vassal pleaded the Statute De Tallagio non concedendo and that this was neither Antiqua seu Recta Consuetudo to which the Attorney demurred and Mr. Vassal joined in the Demurrer but the Court would not hear Mr. Vassal's Counsel and said the King was in Possession and they would keep him so and imprisoned Mr. Vassal for not paying the Duty thus imposed About the same time the said Mr. Chambers's Goods were seized by the Customers for not paying such Customs as were demanded by the Farmers Mr. Chambers sues a Writ of Replevin the Barons grant an Injunction against it Mr. Chambers offers to give Security for Payment of such Duties as the Court should direct which the Court refused unless he should pay such Customs as demanded by the Farmers which Chambers refusing the Court ordered the Officers to detain double the Value of Chambers's Goods demanded by them The same Course was taken with Mr. Rolls's Goods though a Parliament-Man one of the Commissioners saying Privilege of Parliament extended only to Persons not Goods another more boldly told Mr. Rolls if all the Parliament were in you we would take your Goods These Proceedings so ill sorting with the Petition
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-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
and Tests against Dissenters was any ways intended in favour of the Protestants for notwithstanding the Slaughter Jeffries had made of them in the West the rest all over England were imprisoned and forced to give Security for their good Behaviour Nay my Lord D. of Albermarle who had done the K. so signal Service in keeping the Devonshire Men from joining with the D. of Monmouth must be sent out of England to Jamaica and the Earl of Pembroke and others who had been so active in suppressing Monmouth were scarce thanked and but coldly entertained at Court If things were acted with this indeed bare-fac'd dissimulation in England they were not less in Ireland for the King having revoked the Duke of Ormond from his Lieutenancy and given Talbot an independent Commission to make such a reform of the Army there as is aforesaid made my Lord Clarendon Deputy-Lieutenant and Sir Charles Porter Chancellour who arrived there the 10th of January 1685-86 with a Charge to declare that the King would preserve the Acts of Settlement and Explanation inviolable and to assure all his Subjects he would preserve these Acts as the Magna Charta of Ireland but this Declaration compared with Talbot's reforming the Army in Ireland seemed as strange as that the King 's dispensing with the Penal Laws and Tests was in favour of the Protestant Dissenters in England In Scotland the King had so settled Affairs there when he was Commissioner that after the cutting off the Earl of Argyle he did not doubt to carry on his Designs more bare-fac'd there than in England or Ireland and therefore tho he did not call a Parliament till April 1686 yet in his Letter to them of the 12th he takes no Notice of the Protestant Dissenters but recommends to them his innocent Roman Catholick Subjects Who had with their Lives and Fortunes been always assistant to the Crown in the worst of Rebellions and Vsurpations tho they lay under Discouragements hardly to be named These he heartily recommended to their Care to the end that as they have given good Experience of their true Loyalty and peaceable Behaviour so by their Assistance they may have the Protection of his Laws and that Security under his Government which others of his Subjects had not suffering them to lie under Obligations which their Religion cannot admit of by doing whereof they will give a Demonstration of the Duty and Affection they had to him and do him most acceptable Service This Love he expected they would shew to their Brethren as they saw he was an indulgent Father to them all The King having settled his Prerogative in Westminster-Hall by dispensing with the Penal Laws and Tests in the Beginning of the Year 1686 granted a Commission of Ecclesiastical Affairs but it was not opened to act till the 3d of August following why it lay so long dormant I do not find but only guess that the King might the better settle his Dispensing Power in the Country by such Judges as he had made as well as in Westminster-Hall and that he might be more at leisure to carry on the Design for surrender of Charters wherein one Robert Brent a Roman Catholick was a prime Agent and great Care was taken that the beggarly Corporations might surrender their Charters and take new ones without paying Fees and if any should be so honest as to insist upon their Oaths and Trust reposed in them for Preservation of their Charters to be prosecuted as riotous and seditious Persons But in regard the Commission of Ecclesiastical Affairs was not printed that I can find nor is in the State Tracts I thought fit to insert it here as I had it in Manuscript from a learned Hand JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the most Reverend Father in God our Right Trusty and Right well-beloved Counsellor William Lord Arch-Bishop of Canterbury Primate of all England and Metropolitan and to Our Right Trusty and Right well-beloved Counsellor George Lord Jeffries Lord Chancellour of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Lawrence Earl of Rochester Lord High Treasurer of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Robert Earl of Sunderland President of Our Council and Our Principal Secretary of State and to the Right Reverend Father in God and Our Right Trusty and well-beloved Counsellor Nathaniel Lord Bishop of Duresme and to the Right Reverend Father in God Our Right Trusty and well-beloved Thomas Lord Bishop of Rochester and to our Right Trusty and well-beloved Counsellor Sir Edward Herbert Knight Chief Justice of the Pleas before us to be holden assigned Greeting We for divers good weighty and necessary Causes and Considerations Us hereunto especially moving of our meer Motion and certain Knowledg by force and virtue of Our Supream Authority and Prerogative Royal do assign name and authorize by these our Letters Patents under the Great Seal of England you the said Arch Bp of Canterbury Lord Chancellor of England Lord High Treasurer of England Lord President of Our Council Lord Bishop of Duresme Lord Bishop of Rochester and our Chief Justice aforesaid or any three or more of you whereof you the said Lord Chancellor to be one from time to time and at all times during our Pleasure to exercise use occupy and execute under us all manner of Jurisdiction Privileges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdictions within this our Realm of England and Dominion of Wales and to visit reform redress order correct and amend all such Abuses Offences Contempts and Enormities whatsoever which by the Spiritual or Ecclesiastical Laws of this Realm can or may be lawfully reformed ordered redressed corrected restrained or amended to the Pleasure of Almighty God and encrease of Vertue and the Conservation of the Peace and Unity of this Realm And we do hereby give and grant unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one thus by Us named assigned authorized and appointed by force of Our Supream Authority and Prerogative Royal full Power and Authority from time to time and at all times during Our Pleasure under us to exercise use and execute all the Premises according to the Tenour and Effect of these our Letters Patents any Matter or Cause to the contrary in any wise notwithstanding And We do by these Presents give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one by all lawful Ways or Means from time to time hereafter during Our Pleasure to enquire of all Offences Contempts Transgressions and Misdemeanours done and commited contrary to the Ecclesiastical Laws of this Our Realm in any County City Borough or other Place or Places exempt or not exempt within this our Realm of England
to Trial and perhaps to Reproof and that I might render a Testimony of Authority to Posterity to write the Story of the present Age to the Age it self And I am not only induced hereto by the Authority of so noble an Historian but by the Reason of History For many Accidents and Circumstances which are no part of the Records of Time and which soon die and are forgotten are so interwoven in History as to make it entire and of one piece and which not only enliven it and create pleasure in reading of it but without them History becomes disjointed and is made up of broken pieces And I can in part say with the noble Nani and in his own words That to compose Histories is sacred and not to be undertaken but with an upright Mind and undefiled Hands and for that Cause the Memory of them was consigned to the Temple under the faithful Custody of the Chief Priests as the Witness or Trust of those that went before and the Treasure of those that should come after not to be handled but as a Religious Thing and with great Caution In sum the Historian taking to himself an absolute Dictatorship nay an Authority more than Human over Times Persons and Actions governs Fame measures Deserts penetrates Intentions discloses Secrets is with an undistinguished Arbitriment over Kings and People the Judg of Ages past and Master of those to come Absolves or Punishes Deceives or Instructs Whence not without Reason the Pen of Writers may be compared to the Lightning which striking out but one Letter from the Name Caesar Augustus made him a God because Praise is a thing so tender that one Dash makes Illustrious and a little Blot Infamous and the Censure of the World thereupon is so severe that it either consecrates to Eternity or proscribes to Infamy For my self I know not what else to wish but that every one would take upon him to read this Work with the same disinterested and innocent Mind with which I have wrote it confining my Confidence in this one thing that the present Age will not be so unjust to me nor so ungrateful to Posterity as to deny me the Opinion of Sincerity It was Nani's Felicity to write the Stories of the Times when the Prudence of the Venetian Senate not only preserved their State from the Tumults of War wherein Christendom was engaged but in a great measure was Arbitrator of it So that the Wars which Nani writes of were like Thunder afar off yet herein Nani expatiates his Story in a short time scarce 30 Years into a large Volume whereas without looking after any thing abroad but what relates to my Story I am contracted to the unhappy Story of my Native Country to shew from what Causes such a Train of Consequences have followed that England which before was the Ballance which turned the Scale of the Affairs of Christendom to that side it inclined not only fell from this envied Height and became the most despisable of all other States but sunk into the most miserable State of Abject and Pity I am the rather induced to write the Story of these Times because the Hackney-Writers of them at least those I have seen have not only taken things in the midst without assigning the Causes but being interested Parties their Writings have been either fulsom Flatteries or Invectives against one another tending to the fixing of the Distempers of the Parties without regard to the Publick or assigning the Cause of the Distempers But herein I except the Collections of Mr. John Rushworth who tho interested in the Factions of the late Times hath so faithfully delivered them over to Posterity and I could have wished tho I know not from whence he had it that he had not mentioned in that part of King James his Speech to the Parliament 18 Jac. that the Parliament is made up of the three States the King the Lords and Commons and this is the main part of his Collections which Franklin and Nalson so carp at yet both these differ not only from one the other in reciting it but from the Record of Parliament for I have perused them with it according to the Copy which Mr. Petit has taken For my part I can truly say that as I never complied with any of the Factions in the late or present Times so my Ancestors stood firm to the Laws and Liberties of the Nation and were Sufferers both before and in the late Troubles and Civil Wars and in these Circumstances I am less disposed to favour or fâ—atter any Party than another who is interested in any one of them I expect it will be objected against me that in writing this History I have sometimes been transported into an Heat unbecoming an Historian I answer that it may happen a Man may be angry and not sin especially when the Offence relates to the Dishonour of God the King or the publick Destruction or Distraction of the Country where Men are protected in their Lives Liberties and Fortunes but if I have erred herein I shall but be in the number of Lactantius who wrote the Relation of the Death of the persecuting Emperors of the Christians and of Suetonius and Tacitus It was the unhappy Fate of Europe that the Miseries and Calamities which succeeded the Divided Will of the four Kings of the Scotish Race from the Laws and Constitutions of this Nation were not terminated within the Limits of the Kingdoms of England Scotland and Ireland but were the occasion of the first Rise and growing Grandure of France through the boundless Ambition of Cardinal Richlieu and the present French King both by Sea and Land as well to the Terror of Christendom as of these Nations and this Story will in some measure trace the Steps of them This Treatise I suppose will displease two sorts of Men whom I will never take care to please One who exalt the Divided Will of the Prince above his Royal Capacity in governing by the Constitutions and Laws of the Kingdom The other those which are impatient under Regal Government and the Constitutions of this Kingdom I have been more particular herein because notwithstanding the Calamities which this Divided Will of the King had brought upon the Nation in the late Civil Wars and after yet after the Restoration of King Charles the 2d the Nation was more fiercely rent into Divisions under the Names of Whig and Tory than it was before the Wars and these last having the Dominion of the Press and Favour of the Court made it their business to irritate and provoke all others not of their Faction and if any opposed them by Writing when they could not answer to persecute them for printing without a Licence tho not unlawful in it self yet unlawfully printed ADVERTISEMENTS THE General History of England as well Ecclesiastical as Civil from the earliest Accounts of Time to the Reign of his present Majesty King William Taken from the most Antient Records
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
the Goths and gained several signal Victories over them and in the Year 380 entred in Triumph into Constantinople where he found it a much more difficult Task to re-establish the Orthodox Christians than to vanquish the Goths for the Arians above 40 Years had been possessed of the Revenue belonging to the Church their Churches rich and splendid and their Service magnificent and the Orthodox being poor and out of Possession of any Churches or Revenue it was impossible to redress these in an instant but by degrees so that it was ten Years before Theodosius could re-establish the Orthodox Clergy and suppress the Arian In the mean time viz. Ann. 381 the next Year after Theodosius settled at Constantinople Alaricus King of the West Goths who were Arians marched through Maesia now called Hungary Germany and Gaul into Spain and without any Fighting or Siege that we read of took Possession of the greatest part of Spain So much was the antient Roman Warlike Discipline neglected while the Christians were in these Feuds and Discords among themselves so that Spain which held the longest Wars against the Romans of all their Conquered Dominions in Europe was the first that was rent from the Roman Empire without a Sword drawn in its Defence But Spain was too great to be wholly possessed by the Goths so that about 40 Years after Alaricus had possessed himself of the other parts of Spain Gundericus King of the Vandals Anno 410 marched quite through the Body of the Roman Western Empire and without any interruption pierced to the most remote South-West part of Spain called Baetica and there planted themselves and called it Andaluzia or Vandaluzia or the Country of the Vandals I have been a little more particular in setting down the Causes of the Ruin of the Roman Western Empire that the Occasions of the like might be avoided in the other parts of Christendom as well to avoid the like Consequences as the Scandal to Christianity thereby and the rather because that the fond Opinions which are broached in these times are as extravagant and wild as those in the time of Constantine and after and Men as obstinate in them and so conceited of them that they make them the Objects of their Religion and think themselves thereby discharged from joining with other Christians in celebrating Praises and Thanksgiving to God for the publick Benefits they alike partake St. Paul truly calls the Brawls among the different Sects of the Graecian Philosophers vain Philosophy because they tended to no Edification or Benefit but caused endless Contentions and Discords and was never more offended than when the Christians became distracted into Sects I am of Paul another of Apollo a third of Cephas c. whereby the Unity of Christians was rent into endless Feuds and Factions And as the Dogmatizing of these Philosophers or rather Sophisters was vain and tended to no good but ill so are the Analyticks Topicks Physicks and Metaphysicks of Aristotle and all the Disquiâ—tions and Distinctions of the School-men about the Attributes of God Angels and Saints c. and tend to no Edification For I say that by no Rule or Method of Aristotle's Logick was ever any Progression of Learning in any one Proposition in any Art or Science if another can shew it it lies on his part for I deny it and I will be particular herein Clavius in his Scholium upon the first Proposition of Euclid's Elements endeavours to demonstrate it by Aristotle's Logick in three Syllogisms and two Corollaries such as they are and then leaves it not only unconclusive but says by this way it cannot otherwise be done and therefore not only he but all other Mathematicians not only in their Comments upon Euclid but all other Mathematical Learning rejects this way of Reasoning and betakes himself to what he had said before in his Demonstration of it As if all Light of Reasoning were so shut up in Claviu his Brain that because he does not see the rest of Mankind must be blind and what is that way of Reasoning that he betakes himself to but by hudling the Principles of Geometry into Confusion without order or method of Reasoning to make a Conclusion like a Dutch Reckoning of Altem-al From hence it is that there is no Method or Order of reasoning observ'd in Geometry whereby this noble Science is rendred so perplext that of ingenious Men not one in twenty can understand it and no Reason is given of any one Proposition of our most useful Vulgar Arithmetick whereby it becomes crampt up to some few Rules without further possibility of progress And I say if Aristotle's Logick be of no Use in Scientifical and Demonstrative Learning then cannot it be in dialectical and probable for if any of the Premises of a Syllogism be but probable or uncertain the Conclusion will be less probable and more uncertain from whence endless Confusion and Discord will follow but never any rational Knowledg and from hence it is there are so many Sects among the Peripateticks which are derived from Aristotle as Branches from the Trunk of a Tree as Clavius truly observes in his Preface of the Nobility and Excellency of Mathematical Learning and we shall have Occasion to say more hereof hereafter I would not have carped at Aristotle or Clavius herein if I did not understand that not only Geometry and Numbers but all Mathematical Learning might be taught by one Method of Reasoning intelligible by Youth in their early Years and that without Algebra Square or Cube Roots of surd Numbers might be extracted without Error whereby all those surd Propositions in Mathematicks which before could only be resolved Geometrically may be so Numerically and also how in Navigation to find out the Variation of Longitude in any different Latitude if an Account be given of the Sailing which I say is impossible to be done by Trigonometry and the Tables of Sines Secants and Tangents and to find out the Centre of any Circle in any two different Latitudes and variation of Longitude given and the Arch of Distance Nor is this Method of Reasoning restrained to Mathematical Learning but may be in other as hath been shewed in The Reasons of the Decay of the Strength Wealth and Trade of England and The Increase of the Dutch Wealth Strength and Trade c. How much better then were it for the Nobler and better sort of Youth to be instructed in their Mother-Tongues in this Learning wherein every Proposition would beget a new Knowledg which may be useful to them in their future Conversation and Business than to lose their whole Youth in learning Greek and Latin which they rarely ever after make use of which they might if that time had been employed in learning Welsh and Irish and instead of being instructed how to deal and converse justly to be imposed upon by the Sophistry of Aristotle which is of no Use to them in their Conversation and Business and excites them into endless Brawls and
accordingly The Parliament met on Monday March the 19th and a Debate hapning in the House of Commons about the Return of the Election of Sir Francis Goodwin and Sir John Fortescue for Knight of the Shire for the County of Bucks the Commons Friday the 23d upon a full hearing determined Sir Francis to be lawfully elected and returned An. Reg. 2. An. Dom. 1604. Tuesday March the 26th The Lords by Sir Edward Coke and Dr. Hone sent a Message to the Commons that the former Committees may in a second Conference to be had have Authority to treat touching the Case of Sir Francis Goodwin the Knight of Bucks first of all before any other Matters were proceeded in The Commons returned Answer that they do conceive that it did not stand with the Honour of this House to give an Account of their Proceedings and Doings but if their Lordships have any Purpose to confer for the Reâ—due that then they will be ready at such time and place and such number as their Lordships shall think meet Sir Edward Coke c. delivered from the Lords that their Lordships taking notice in particular of the Return of the Sheriff of Bucks and acquainting his Majesty with it his Highness conceived himself engaged and touched in Honour that there might this be some Conference of it between the two Houses and to that end signified his Pleasure unto them and by them to House The Commons by their Speaker give their Reasons to the King why they cannot confer with the Lords The King in return charges the Commons to admit a Conference with the Judges the Commons give Reason and answer Objections why they cannot confer with the Judges and the 3d of April deliver them at the Council-Chamber by Sir Francis Bacon desiring that their Lordships would be Mediators in behalf of the House for his Majesty's satisfaction the King in return commanded as an Absolute King that there might be a Conference between the House and Judges The House upon return hereof resolved to confer with the King in presence of the King and Council and named a select Committee for the Conference but the Success being doubtful Sir Francis Goodwin fearing this might cause a Rupture between the King and the House and to remove all Impediments to the worthy and weighty Causes which might by this time have been in a good furtherance desired another Writ of Election for a Member in his stead Hereupon and other Accidents succeeding wherein the Commons supposing themselves aggrieved the Commons upon the 16th of June in an humble Apology to his Majesty represent their Privileges and wherein they conceive themselves aggrieved The Stubborness of the Commons for so the King would have it so dissonant from the Flatteries he had constantly sounding in his Ears and of being an Absolute King by Inherent Birth-right put the King so out of Conceit with Parliaments that in all his Life till the last Parliament of his Reign when necessity brought him to it he was never reconciled to them But that we may more clearly see what followed we will look back into the Reign of Queen Elizabeth There were three things which the Queen was impatient of being debated in Parliament the Succession of the Crown after her Death her Marriage and the making any Alterations in the Church as it was established in the first Year of her Reign But the Commons having a fearful Eye of a Relapse into Popery after the Nation had been freed from it and the Queen of Scots being zealously addicted to the Romish Religion and having not only assumed the Arms of England as next Heir to Queen Elizabeth but upon her Return from France into Scotland by many Embassies solicited Queen Elizabeth that she might be declared her Successor in case Queen Elizabeth died without Heirs of her Body To prevent this the Commons in manifold Addresses to the Queen petitioned her to marry and declare her Successor and after the Duke of Norfolk's Conspiracy and the Rebellion in the North under the Earls of Northumberland and Westmoreland wherein it appeared the Queen of Scots was privy and consenting in all the Parliaments I think from the 9th of Elizabeth to the Queen of Scotland's Death the Commons were importunate with the Queen to cut her off which you may read at large in the Journals of the Parliaments of Queen Elizabeth set forth by Sir Simon D' Ewes The Queen fixed in these Resolutions did often forbid the Parliament upon their Allegiance to enter into Debates upon them yet some zealous Members the principal of which was one Mr. Peter Wentworth as well in the case of the Queen of Scots as for some Reformation in the Church did several times endeavour to have them debated upon which the Queen committed them to the Tower tho soon after they were discharged This the Commons in their Apology to the King take notice of and pray that this be no Precedent for the future but that their Debates in Parliament may be free but they shall find that this King 's little Finger and his Son 's after him shall be heavier upon them than Queen Elizabeth's Loins However this Apology of the Commons tended to a Rupture between the King and them within yet the King was resolved to have Peace without the Kingdom how inconsistible soever the Terms were and to that end upon the 18th of August following being the second Year of his Reign he concluded a firm Peace with Philip the 3d of Spain and Albert and Isabel Arch-Dukes of Austria c. and also a Treaty of Commerce which as it was the most beneficial to the English Nation so it was difficult if not impossible to observe the Peace the King as he had managed it made the Treaty of Commerce to be but little beneficial to the Nation For the Year before the King had renewed the Treaty of Alliance which Queen Elizabeth had made with the Dutch States where tho the King was not obliged to maintain such a number of Men for the Dutch Support against the Spaniards to be repaid at the end of the War whereby the Treaty with the Queen Anno 1598. the Dutch were not only to pay but to repay the Queen yearly 100000 l. till a Peace was made with Spain when they were to pay her two Millions of Money with the Interest of 10 per Cent. deducting the 100000 l. per Annum they were to pay yet by the fourth Article of the said Treaty it was agreed That neither the Kings of England nor Spain shall themselves give or shall consent to be given by any of their Vassals Subjects or Inhabitants Aid Favour or Counsel directly or indirectly on Sea Land or fresh Waters nor shall supply or minister or consent to be supplied or ministred by their said Vassals Inhabitants or Subjects unto the Enemies or Rebels of either Part of what Nature or Condition soever they be whether they shall invade the Countries and Dominions of either of them
not been his Friend After the Sale of the Towns was agreed on the next Debate was What should become of the Souldiers in Garison But let them look to that for the King being Rex Pacificus had no need of them they might go where they pleased all the Care the Favourites had was how to share the Money among themselves The dishonourable Delivery of the Dutch Towns made no Allay in his Affections to his new Favourite tho wholly unacquainted with State-Affairs who was as much given up to the Pleasures of Venus as the King was to those of Bacchus neither the Sale of the Dutch Towns nor the seizing Somerset's Estate would answer the Expence of his Pleasures and Bounty the disposing of all Places and Offices Ecclesiastical and Civil all waved as he nodded and herein his Venality was as profuse as his Venery One of the first that felt the Effects of his Power herein was Sir Edward Coke who at this time sat very loose and uneasy he had highly disgusted the Court and high-Church-Party in opposing Arch-bishop Bancroft's Articles against granting Prohibitions at Common-Law He opposed my Lord Chancellor Egerton taking notice of a Cause in the King's-Bench after Judgment given contrary to the Act 4 Hen. 4. 23. and refused to give any Opinion in the Case of Commendums being a Judg before it came judicially before him And however my Lord Chancellor Egerton upon the swearing Sir Henry Mountague when he succeeded Sir Edward Coke in the Office of Chief Justice declared Sir Edward's deposing was for being so popular yet I have it from one of Sir Edward's Sons that the Cause of his Removal was That Sir Nicholas Tufton being very aged and having a Patent for Life of the Green-wax-Office in the King's-Bench the Viscount Villiers by his Agents dealt with Sir Nicholas that if he would surrender his Patent the King would make him Earl of Thanet and in the mean time Sir Francis Bacon treated with Sir Edward to know whether in case Sir Nicholas surrendred his Patent the Viscount should prefer another to the Office Sir Edward would give Sir Francis no other Answer than this That he was old and could not wrestle with my Lord. However after Sir Nicholas had surrendred Sir Edward refused to admit of a Clerk by Villiers's Nomination but stood upon his Right and that the Judges of the King's-Bench served the King to their Loss and therefore he would so dispose of the Office that the other Judges of the King's-Bench's Salaries should be advanced and that hereupon he was turned out of his Place and Sir Henry Mountague put in who disposed the Office as the Favourite pleased But tho the Favourite's Displeasure began here with Sir Edward it did not end so nor the Titles of our new Favourite for upon the 5th of January following he was created Earl of Buckingham however Sir Edward might have been restored again to the place of Chief Justice if he would have given a Bribe but he answered A Judg ought not to take a Bribe nor give a Bribe See the second Part of the Bishop of Lincoln's Life fol. 120. Tit. 116. We begin this Year 1617 after the King had created the Earl Marquess of Buckingham on the first of January with the Story of Sir Raleigh's Voyage to Guiana which was the Cause of his Death tho upon another score being condemned in the first Year of the King for High-Treason in Cobham's Conspiracy for endeavouring to have hindered the King's coming to the Crown But before we proceed we 'll stay a little and take a view of him Sir Walter was of an antient Family but a younger Brother and as he was a Person of admirable Parts excellently adorned with Learning not Pedantick but of a nobler Strain so he had a Mind far above his Fortune and accounted Poverty the greatest of Misfortunes and to advance his Fortune he became a Courtier to Queen Elizabeth who was as great a Discerner of Men and their Qualities as any Prince in her time or perhaps before or since and as such and not as imposed by Favourites she esteemed and preferred them and upon this account she entertained and favoured Sir Walter The Queen made him Captain of her Guards Lieutenant-General of Cornwall and Lord Warden of the Stanneries but these were rather Honorary Titles than much profitable and being at Enmity with the Earl of Essex the Queen's greatest Favourite and the whole Family of the Cecils who governed all in State-Affairs these put a full stop to Sir Walter 's further Rise at Court Sir Walter thus balk'd at Court seeks Adventures abroad to raise his Fortunes thence and the Wars continuing between the Queen and the King of Spain in the Year 1595 he mans out a Ship to Guiana in the West-Indies and by the Intelligence which he had with some of the Indians and some Spanish Prisoners he had taken believed he had made a Discovery of several rich Mines and had certain Marks whereby to discover them again if occasion should happen But if he got nothing else by his Voyage he got this Advantage by it that adding Experience to his excellent Theory in Navigation he justly merited the Applause of the best Director of Sea-Affairs of his time After Queen Elizabeth's Death he was kept 12 Years a Prisoner in the Tower where he compiled his History of the World a Design so vast that no other Man of less Parts both of Body and Mind could have accomplished And while he was thus confined he was the first which made publick the Growth by Sea of the Dutch and the Riches they derived by their fishing upon the Coasts of England and Scotland and the Consequences which would necessarily follow not only to the loss of the King's Soveraignty of the British Seas but to the Trade and Navigation of England otherwise After that one Tobias Gentleman set forth another Treatise of this Nature and how this Fishery might be carried on from the Ports of England and dedicated it to the King but the King wholly giving himself up to Pleasure neither minded the one nor regarded the other Sir Walter had been discharged out of the Tower about two Years and an half before but by what means I do not find and then Poverty stared him in the Face for Somerset had begg'd his Estate which to him was more intolerable than his Imprisonment and how to extricate himself out of it was all his Business There was a new face of Court to what was in Queen Elizabeth ' days and Sir Walter unknown to any of them His being freed out of Prison was such a Favour as any further was not to be hoped for Happy had Sir Walter been if he had been still confined where in the restraint of his Person he enlarged the Faculties of his Mind to nobler Pleasures than can be found in Sensuality or any Temporal Greatness where by his Freedom pursuing these besides other concomitant Calamities he brought
Destruction upon himself having first seen his Son Walter slain in the Design he intended to raise his Fortunes by Tho the King was never poorer than at this time yet the Nation was far richer than in all the long Reign of Queen Elizabeth by reason of the English Trade with Spain made free by that celebrated Law of the 3d of the King cap. 6. and at this time and many Years before the King of Spain made Count Gundamor his Legier Ambassador in England the Count would ape the King iâ— all his Humours but his Cups and hereby became so intimate with the King that he discover'd all his Designs and the Secretâ— if ther were any of the Court In this Posture of Affairs Sir Walter informs the King that 〈◊〉 he would grant him a Commission he would bring Mountains of Gold into the King's Exchequer from Guiana the King who had stopt his Ears to Sir Walter 's Advice concerning the Dutch Fisheâ— upon the Coasts of England and Scotland opens them both to Sir Walter 's Project and grants him a Commission directed Dilecto fideli meo Waltero Raleigh Militi But this Commission ill agreed with the Treaty made between the King and the most renowned King of Spain his dear and loving Brother in the second Year of his Reign wherein in the first Article it was agreed That they should use one another with all kind and friendly Offices and by this Treaty the English were restrain'd to their Trades in Europe For the King of Spain was as jealous of his West-Indies as the Apple of his Eye or the Pope 〈◊〉 of his Triple-Crown or the King of his Prerogative The Fame of Sir Walter and the Expectation of the Mountaiâ—â— of Gold to be poured into the Exchequer by this Expedition bâ—â—zed it all abroad so as Gundamor gave the King of Spain aâ— account of it and this became so much the more publick by how much the King could not contribute any thing but his Commission towards it and tho Sir Walter 's Fame induced many Nobles and Gentlemen to join with him in it yet this being distracted and divided into so many Interests it went on more heavily and became every day more known so that tho Sir Walter intended to have proceeded on his Voyage this Year in the beginning of April it was upward in August before he set out In his Passage a terrible Fever overtook Sir Walter now in the 76th Year of his Age which yet the Strength of his Constitution overcame to bring him to his End by a worse Fate When he arrived at Guiana he found all the Marks which he and Sir Nicholas Kemish had made either worn out by Time being twenty Years before or alter'd by the Spaniards who had so long before had notice of his Design so that Kemish and Sir Walter fell at such odds about it that Kemish killed himself besides the Spaniards to prevent Raleigh's Design had built many new Fortifications unknown to Raleigh or Kemish Hereupon Sir Walter stormed the Town of St. Thomas wherein he lost his Son Walter but took the Town and sack'd it and here the Souldiers took great Spoil but with little Profit to Sir Walter or any of the Adventurers with him For the Souldiers and Sea-men being Reformades and being under no severe Discipline kept what they had got Now was Sir Walter in a most desperate State he had no Friends at Court and which made the matter worse he had disgusted all the Nobles and Gentlemen who had engag'd with him in this Expedition he need not consult the Augurs what should be his Fate upon his Return to prevent which he endeavoured to have got into France and carry his Ship with him but the Sea-men who now had his Fortune in Contempt would not forsake their Wives and Children to partake with him in his Misfortunes and so brought him back again into England It was resolved that Sir Walter 's Misfortunes should lose him his Head but how to do it with a face of Justice was the Question for his Commission protected him from any Prosecution for the sacking of St. Thomas and it would seem strange to execute him upon the Conviction in Cobham's Conspiracy sixteen Years before especially since the King had discharged his Imprisoment upon it and had granted him a Commission wherein he called Sir Walter his beloved and faithful Sir Walter However this was the best Face could be put upon it and upon the 28th of October next Year 1618 Sir Walter was brought from the Tower to the King's-Bench to shew Cause why Sentence of Death should not pass upon him Mountague being Chief Justice upon his former Conviction to which Sir Walter pleaded his Commission which pardoned his Crime For he could not be a Traitor and the King 's beloved and faithful Servant at one and the same time but this was over-ruled by the Court which answered That Treason could not be pardoned by Implication but by express words And next day he had his Head cut off in the Palace-Yard at Westminster In granting Sir Walter Raleigh this Commission you may see by what an undistinguished Power Covetousness governs the Actions of Princes as well as meaner Men against their Honour and Interest for at the same time when the King granted this Commission he was by Sir John Digby after Earl of Bristol treating a Marriage between Prince Charles and the Infanta of Spain upon the Terms of a Portion of two Millions of Money with her but if this Act of Raleigh's and the difficulty of raising such a Portion put no stop to the Progress of it you 'll soon see an Accident which shall make it utterly impracticable with the Maxims and Policy of Spain yet so far was the King blinded with the Covetousness of getting the Portion that he shall put his only Son into the Power of the Spaniards to obtain it Tho young Villiers and the King's Favourites governed the King without any Controul by the English Conchino Conchini an Italian Marquess d' Ancre and Marshal of France and his Wife succeeded not so well in France for after the Death of Henry the Fourth of France these two governed Henry's Relict and Regent as absolutely as our young Favourite did the King which put the Princes of the Blood and Nobility into such a Ferment that they several times rose in Tumults and Arms against them Yet such was their Power with the Queen that they continued as insolent after the King was declared of Majority as before whereupon the Feuds of the Princes of the Blood and Nobility grew higher hereupon Luynes the King's Favourite prompted the King to take off Ancre any way which was so ordered that Ancre coming into the Louvre and reading a Letter Vitry Captain of the King's Guard arrested him Me said Ancre Yes you by the Death of God answered Vitry who cried out Kill him whereupon he was killed by three Pistol Shots the King owning the Fact But
them with Men of War to guard their Fisheries and to do it whether he would or not A Prince that by his dissolute Life and prophane Conversation debauched and effeminated the Genius of the English Nation whereby it became more scandalized for Swearing and Drinking than in any Age before A Prince that broke all the Measures by which Hen. 8. and Queen Elizabeth were the Arbitrators of Christendom A Prince fearful of all his Enemies abroad while he was only great by exercising a Tyrannical Arbitrary Power over his Parliaments and Subjects who could only have made him great abroad and honoured at home whereby he became little beloved at home and suffered the Dutch to redeem their Cautionary Towns upon their own Terms and to dispossess the English at Amboyna and their other Factories in the East-Indies and Africa He only stood still looking on while the French upon the Matter supprest the Reformed in France and suffered Ferdinand the 2d to over-run and near subdue the Protestant Princes in Germany as well as his own Son-in-law And tho he were the 6th of that Name King of Scotland from John alias Robert Stuart the Son of Robert Stuart by his Paramour Elizabeth Moor yet if Sir James Melvil says true that Cardinal Bethoun poisoned James the 5th he was the first of that Name who died a natural Death if he did so for James the first was murdered by his Uncle the Earl of Athol his Grand-father's legitimate Son in his Queen's Arms with eight and twenty Wounds the Queen receiving two to defend him This was in the Year 1436. James the II. was killed by the breaking of a Piece of Cannon while he besieged the Castle of Roxburgh the 3d of Aug. 1460. James the III. having his Army routed by an Army headed by his Son James was killed at Bannoch-Burn by the Lord Gray and Robert Sterling of Ker after Sir Andrew Brothick a Priest had shriven him This was in 1488. James the IV. was killed the 9th of December 1514 at Flowdenfield by the English commanded by the Earl of Surrey and his Body never found and if James the 5th was poisoned then none of these Jameses died a natural Death neither did King James his Mother being put to death Ann. 1587 for conspiring the Death of Queen Elizabeth After the Dissolution of the Spanish Match the King as greedily prosecuted the French and tho he lived not to see it settled yet he saw the Army raised under Count Mansfield for the Recovery of the Palatinate ruined by trusting to the French Faith in this very Treaty When he died he not only left an empty Exchequer but a vast Debt upon the Crown yet was engaged in a foreingn War and the Monies given by the Parliament for carrying it on were squandred away in carrying on the French Treaty and the Nation imbroiled in intestine Feuds and Disorders At his Death he left a Son and Heir and one Daughter Before he died he saw his Son over-ruled by his Favourite against his determinate Will and Pleasure and the Prince's own Honour and Interest which was a great Mortification to him and which he often complained of but had not Courage to redress and so strongly was 〈◊〉 Favourite possessed of his Power over his Son in the King's Life that the Prince little regarded his Father's Precepts or the Counsels of any else after his Death whereby he encreased the Internal Feuds Jealousies and Discords of the Nation which ended in a sad Catastrophe both of the Favourite and the King At the King's Death his Daughter with her Husband and her many Children were driven into Exile and Poverty in the Dominion of the Dutch States where they were more relieved by the States the Prince of Orange and some Bishops and Noblemen of England than by either of the Kings Father or Son A DETECTION OF THE Court and State of England During the Reign of King CHARLES I. c. BOOK II. CHAP. I. This Reign detected to the Dissolution of the Parliament Tertio Car. 'T WAS a strange Reign this As this King's Father's Reign was introduced with a horrible Plague so was this King's with a greater and such as no Records of any Times before mention the like The first 15 Years of his Reign were perfectly French and such as never before were seen or heard of in the English Nation this brought on a miserable War in all the three Kingdoms of England Scotland and Ireland and Destruction upon the King whenas it was not in the Power of those which first raised the War against him to save his Life which they would have done Baptista Nani in the sixth Book of the History of Venice An. 1625 f. 221 observes That after the Marriage of King Charles with the Daughter of France the Interest of State or rather the Passion of Favourites converted the Bonds of Affection into Causes of Hatred Europe in those times reckoned it amidst its unhappy Destiny that the Government of it fell upon three young Kings yet in the Flower of their Age Princes of great Power desirous of Glory and in Interest contrary but in this alone by Genius agreeing that they committed the Burden of Affairs to the Will of their Ministers for with equal Independency France was governed by Richlieu Spain by Olivares and Great-Britain by Buckingham confounding Affections with Interest as well publick as private Betwixt the Cardinal and Buckingham open Animosities discovered themselves for Causes so much more unadvised as they were more hard to be known When King James died the Nation was rent into four Parties viz. The Prerogative which exalted the King's divided Will from the Laws and Constitutions above his Royal and Legal Will The Country or Legal Party which stood for the Legal Establishment of Church and State and the Puritan and Popish Parties After the Treaties of Marriage between the Prince and the Daughters of Spain and France the Popish and Prerogative Parties joined for carrying on the Court-Designs and were opposed by the Country and Puritan Parties and as the Prerogative and Popish Factions grew more insolent so the Puritan Party gathered Strength and Reputation among the Vulgar or ordinary People insomuch that in Number they became more than all the other three We shall take a better View of this Reign if we look a little back into the former After the Treaty of the Match with Spain was broken off King James was perplext what to do he had neither Money nor Courage to make War for the Recovery of the Palatinate and the Wounds which he had given the last Parliament by Imprisoning their Members for advising him to make War for the Recovery of the Palatinate were yet fresh and bleeding and yet Buckingham whom he durst not offend not content to satisfy his Spite against Olivares by breaking off the Match was notwithstanding all Difficulties nay Impossibility of Success still pushing on the King to declare War against the King of Spain The King
two Treaties which were for the Spanish Match and Recovery of the Palatinate and that his Father being thereby engaged in a War for the Recovery of the Palatinate they would now assist him in the carrying of it on The Speech you may read in Rushworth fol. 175 176. But Mr. Rushworth is mistaken and I wonder Nalson and Franklin took no notice of it that my Lord Keeper Coventry did second it for it was my Lord Keeper Williams whose quaint and learned Speech you may read in the second Book of the Life of the Keeper by the Bishop of Litchfield fol. 9 10. Nor was Williams displaced till the 23d of October following as you may see fol. 27. The Commons before they enter'd upon Grievances Sir Edward Coke moving it to ingratiate themselves with the King voted him two entire Subsidies and the last Parliament but the Summer before gave his Father three Subsidies and three Fifteens which were more than ever any Parliament granted the King in threefold the time before But that we may better look forward look a little back King James upon the Rreach of the Spanish Match put forth a Proclamation for putting the Laws in Execution against Popish Recusants but upon the first of May King Charles sent this Warrant to my Lord Keeper Williams Charles Rex RIght Reverend and Right Trusty c. Whereas we have been moved in Contemplation of our Marriage with the Lady Mary Sister of Our dear Brother the Most Christian King to grant to Our Subjects Roman Catholicks a Cessation of all and singular Pains and Penalties as well Corporal as Pecuniary whereunto they be subject or any ways may be liable by any Laws Statutes Ordinances or any thing whatsoever or for or by reason of their Recusancy or Religion in every Matter or thing concerning the same Our Will and Pleasure is and we do by these Presents authorize and require you upon the Receipt hereof That immediately you do give Warrants Order and Directions as well unto all our Commissioners Judges and Justices of the Peace as also unto all other our Officers and Ministers as well Spiritualas Temporal respectively to whom it may appertain that they and every of them do forbear all and all manner and cause to be forborn all manner of Proceedings against our said Subjects Rom. Catholicks and every of them as well by Information Presentment Indictment Conviction Process Seizure Distress or Imprisonment or any other Ways and Means whatsoever whereby they may be molested for the Causes aforesaid And further also That for time to come you take notice of and speedily redress all Causes and Complaints for or by reason of any thing done contrary to this our Will and this shall be unto you and to all to whom you shall give such Warrant Order or Direction sufficient Warrant and Discharge in that Behalf And this is so much more remarkable that this Warrant was granted when Buckingham was so busy in setting out the Fleet against the Rochellers Here was a Suspension of the Laws with a Witness by the King 's absolute Will and Pleasure notwithstanding all the Officers by Law were under the Obligations of their Oaths to the contrary and for the first-Fruits of this Warrant the King granted upon the 10th of May a special Pardon to twenty Roman Priests of all Offences committed by them against the Laws Can any Man now believe that the Parliament 18th Jac. should be so jealous that the Spanish Match would be a Door to let in a Toleration of Popery and therefore advised the King to break off the Match with Spain and yet this Parliament should be so purblind as not to see this put in Execution at the Instance of the French in this King's Reign especially whenas the Spaniards unless in the Reign of Queen Elizabeth were the English Friends and Allies and with whom the English had a most beneficial and gainful Trade for 22 Years in King James's Reign whereby they became doubly more enriched than in the 44 Years Reign of Queen Elizabeth whereas the French as they were a Neighbouring Nation were ever faithless and Enemies to the English Nation and with whom it always had a Trade to the English Loss as much to the enriching France as to the impoverishing the English Hereupon the Commons sent Sir Edward Coke with a Message to the Lords to desire their Concurrence in a Petition to the King against Recusants which was agreed to and presented to the King who answered That he was glad the Parliament were so forward for Religion and assured them they should find him as forward that their Petition being long could not be presently answered Nor were the Commons less alarmed at the countenancing the Arminian Sect whose Tenets next to Laud Mr. Richard Mountague propagated and about the latter end of King James his Reign published a Book entituled A new Gag for an old Goose which the Parliament took notice of and referred it to the Archbishop of Canterbury who disallowed it and sought to suppress it and ended in an Admonition given to Mountague but after King James his Death who was an Enemy to these Tenets Mountague then printed it again and dedicated it to King Charles now Buckingham and Laud ruled all Hereupon the Commons brought Mountague to the Bar of their House and appointed a Committee to examine the Errors therein and gave Thanks to the Arch-bishop for the Admonition to Mountague whose Books they voted to be contrary to the Articles established in the Parliament to tend to the King's Dishonour and Disturbance of the Church and State and took Bond of Mountague for his Appearance But the King intimated to the House that the things determined concerning Mountague without his Privity did not please him for he was his Servant and Chaplain in ordinary and that he had taken the Business into his own Hands whereat the Commons seemed much displeased This was the first Breach between the King and Commons and here let 's see what hasty Steps Laud took to fulfil King James his Prophecy of him in making Dissensions and to be a Fire-brand to set the Nation on fire by fomenting and exasperating the Factions in it In this Act of Mountague you may observe a twofold Crime First his Contempt and Disobedience to the Church of England which Laud pretended so much to exalt and to the Parliament that his Book being questioned in Parliament and by the Commons committed to the Arch-bishop who not only disallowed and suppressed it but Mountague being admonished against it he should upon King James his Death presume to reprint it in Defiance to the Metropolitan of England contrary to his Canonical Obedience and to the Commons thereby to make a Dissension between the King and them And secondly his being so audacious as to dedicate it to the King thereby to engage the King in defence of his Arrogance and Disobedience and for a Reward of this special Piece of Service before King James was two
Lord Keeper par 2. fol. 14 15. tit 14 15. The Lord Keeper at Woodstock was censured by the Duke and his Creatures for this the Keeper therefore unsent for comes to Woodstoock and thus applies himself to the Duke My Lord I am come unsent for and I fear to displease you yet because your Grace made me I must and will serve you though you are one that will destroy that which you made let me perish yet I deserve to perish ten times if I were not as earnest as any Friend your Grace hath to save you from perishing The Sword is the Cause of a Wound but the Buckler is in fault if it do not defend the Body You brought the two Houses hither my Lord against my Counsel my Suspicion is confirmed that your Grace will suffer for it What 's now to be done but to wind up a Session quickly The Occasion is for you because two Colleges in the Vniversity and eight Houses in the Town are visited with the Plague Let the Members be promised fairly and friendly that they may meet again after Christmas requite the Injuries done to you with Benefits not Revenge for no Man that is wise will shew himself angry with the People of England I have more to say but no more than I have said to your Grace above a Year past at White-hall confer one or two of your great Places upon your fastest Friends so shall you go less in Envy and not less in Power Great Necessities will excuse hard Proposals and horrid Counsels St. Austin says it was a Punick Proverb in his Country Ut habeas quietum tempus perde aliquid At the Close of the Sessions declare your self to be forwardest to serve the King and Commonwealth and to give the Parliament Satisfaction Fear them not when they meet again in the same Body whose ill Affections I expect to mitigate but if you proceed trust me with your Cause when it comes into the House of Lords and I will lay my Life upon it I will preserve you from Sentence or the least Dishonour This is my Advice my Lord if you like it not Truth in the end will find an Advocate to defend it The Duke replied no more but I will look to whom I trust and flung out of the Chamber with Menaces in his Countenance Mr. Rushworth fol. 202. says that the Keeper told the Duke in Christ-Church when the Duke rebuked him for siding against him in that he engaged with William Earl of Pembroke to labour the Redress of Grievances That he was resolved to stand upon his own Legs and that the Duke should answer If that be your Resolution look you stand fast Where Mr. Rushworth had this I cannot tell but this being so unlike the Keeper's Carriage to the Duke both in King James's time and after and also to the Narrative before set forth by the Bishop of Litchfield who being the Keeper's Chaplain could have a better Inspection herein than Mr. Rushworth could have had but especially since the Reasons which the Keeper put into the King's hands which you may read in the Life of the Keeper par 2. tit 18. to satisfy the King of his Carriage while the Parliament sate at Oxford being so contrary to what Mr. Rushworth says I incline rather to believe the Bishop However the Commons presuming to enquire into Buckingham's Actions are censured at Woodstock for spiteful and seditious and therefore not fit to continue but to be dissolved which being understood by the Keeper with Tears and Supplications he implored the King to consider there was a time when his Father charged him in the Keeper's Hearing to call Parliaments often and to continue them though their Rashness might sometimes offend him that by his own Experience he never got good by falling out with them But chiefly Sir said he let it never be said that you kept not good correspondence with your first Parliament do not disseminate so much Unkindness through all the Counties and Boroughs of your Realm The Love of your People is the Palladium of your Crown Continue this Assembly together to another Session and expect Alteration for the better if you do not the next Swarm will come out of the same Hive The Lords of the Council did almost all concur with the Keeper but it wanted Buckingham's Suffrage who was secure that the King's Judgment would follow him against all the Table Thus far the Bishop But there was another Cause which the Bishop does not mention but Mr. Rushworth does fol. 336. which caused the hasty Dissolution of this Parliament Captain Pennington was come to Oxford from delivering the Fleet into the French Power to give an Account of the Reason of it but by the Duke's means was drawn to conceal himself and not to publish in due time his Knowledg of the Premises as it shortly after appeared and if this should have been made known it would not have been in the Power of the Keeper to have brought off the Duke from Sentence or the least Dishonour so upon the 12th of August the Parliament was dissolved but before their Dissolution the Commons made this following Declaration WE the Knights Citizens and Burgesses of the Commons House of Parliament being the Representative Body of the whole Commons of this Realm abundantly comforted in his Majesty's late gracious Answer touching our Religion and his Message for the Care of our Health do solemnly vow and protest before God and the World with one Heart and Voice that we are resolved and do hereby declare that we will ever continue most Loyal and Obedient Subjects to our most Gracious Soveraign Lord King Charles and that we will in a convenient time and in a Parliamentary way freely and dutifully do our utmost Endeavours to discover and reform the Abuses and Grievances of this Realm and State and in like sort to afford all necessary Supply to his most excellent Majesty upon his present Occasions and Designs Most humbly beseeching our said dear and dread Soveraign in his Princely Wisdom and Goodness to rest assured of the true and hearty Affections of his poor Commons and to esteem the same to be as we conceive it is indeed the greatest worldly Reputation and Security that a just King can have and to account all such as Slanderers of the Peoples Affections and Enemies to the Commonwealth that shall dare say the contrary But the mighty Buckingham shall not only dare to say but dare to do the contrary so much easier is it in such a Reign for a Favourite to ruine a Nation than for a Nation to have Justice against a Favourite Here let 's stay a little and see what state the King had brought himself to within less than five Months after he became King First he took Mountague to be his Chaplain a virulent seditious ill-natur'd Fellow to protect him from his Contempt against his Metropolitan and the Parliament for publishing new-fangl'd Opinions to the Disturbance of the Peace
to the Earl that it was his Majesty's Pleasure withal no doubt but by the Advice of his highest Council of State that the Earl should continue in the same Restraint he was so that he forbear his personal Attendance in Parliament But since the Duke could no longer otherways keep the Earl out of the House of Lords the King by my Lord Keeper signified to the Lords that his Pleasure was they should send for the Earl as a Delinquent to answer Offences committed against him before his going into Spain and since his coming back and his scandalizing the Duke of Buckingham immediately and by Reflection upon himself with whose Privity and Direction the Duke guided his Actions and without which he did nothing And now Sir Robert Heath the King's Attorney-General exhibited eleven Articles against the Earl it was thought fit to leave out the other nine which the Earl had answered to King James without any Reply and in the last of these the Earl is charged with giving the King the Lie in offering to falsify that Relation which his Majesty affirmed and thereunto added many things of his own Remembrance to both Houses of Parliament which you may read at large in Rushworth's Collections from fol. 153 to 158. Hereupon the Earl exhibited a Charge of High Treason and Misdemeanours in twelve Articles against the Duke and another against the Lord Conway of High Misdemeanours which you may read at large in Rushworth from fol. 266 to 270. And upon the Delivery of them the Earl desired a Copy of the King's Charge against him in Writing and time allowed to answer and Counsel assigned him and said there was a great Difference between the Duke and him for the Duke was accused of Treason and at large and in the King's Favour and that he being but accused of that which he had long since answered was a Prisoner and therefore moved the Duke might be put in equal Condition which tho the House did not yet were not satisfied to commit the Earl to the Tower and order'd That the King's Charge against the Earl should be first heard and then the Earl's against the Duke yet so that the Earl's Testimony against the Duke be not prevented prejudiced or impeached The King in a Message to the Lords by my Lord Keeper would have blasted the Earl's Articles against the Duke for two Reasons if they may be called so The first was That the Narrative made in the 21 Jac. in Parliament trenches as far upon him as the Duke for that he went therein as far as the Duke But what then Shall not the Earl be heard in his Defence against that Declaration which was designed to blast the Earl's Honour and Integrity and Justice is no Respecter of Persons The other was That all the Earl's Articles have been closed in his Breast now these two Years contrary to his Duty if he had known any Crime of that nature against the Duke and now he vents it by Recrimination against the Duke whom he knows to be a principal Witness to prove his Charge against the Earl This is strange for his Majesty's Reign was scarce yet a Year old and all this while the Earl was under a Restraint and not permitted to come to the Parliament which ended at Oxford and in his Father's Reign after the Earl had answered all the Duke's Articles against him without any Reply King James promised him he should be heard against the Duke as well as he was against him tho he lived not to make good his Promise Now let 's see the Levity of this Prince the necessary Concomitant of Wilfulness and which he pursued in every step of his Reign without any Remorse that I could ever find for the Lodgment of the King's Charge against the Earl in the House of Lords was scarce cold whenas it was endeavoured to take the Earl's Cause out of the House and to proceed against him in the King's-Bench But why must this be at this time of day and while a Parliament was sitting And why was not this done in the King's Father's Life or in this King's Reign And why must two years pass and this way of charging the Earl never thought of which now must be done in all haste But the Lords put a full stop to this and for these Reasons 1. For that in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after Publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have learned Counsel to assist them in their Defence And their Lordships declared they would give their Assents thereto because in all Causes as well Civil as Criminal and Capital they hold that all lawful Help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned 2. The Earl of Bristol by his Petition to the House complained of his Restraint desiring to be heard here as well in point of his Wrongs as in his Accusations against the Duke whereof his Majesty taking Consideration signified his Pleasure by the Lord Keeper April 20 That his Majesty was resolved to put his Cause upon the Honour and Justice of this House and that the Earl should be sent for as a Delinquent to answer the Offences he committed in his Negotiations before his Majesty's going into Spain whilst his Majesty was there and since his Return and that his Majesty would cause these things to be charged upon him in this House so as the House is fully possessed of the Cause as well by the Earl's Petition as the King's Consent and the Earl brought up to the House as a Delinquent to answer his Offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if the Earl be proceeded withal by way of the Kings-Bench these dangerous Inconveniencies will follow 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberty of the House will be thereby infringed the Honour and Justice of it declined contrary to the King's Pleasure expresly signified by my Lord Keeper all which are expresly against the Order 5. The Earl being indicted it will not be in the Power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true Meaning of the Order and the King's Pleasure signified and preserve the Liberties of the House and protect one from Injury will be To have the Charge delivered into the House in Writing and the Earl to set down his
away the Merchants Ships so that they may not easily catch and light upon the West-India Fleet. A Jesuit and nine Priests were taken with this and many other Papers which were delivered to Sir John Cook Secretary of State the Jesuit was condemn'd but reprieved by the King because Sir John Cook said The King delighted not in Blood and afterward the nine Priests were released by special Warrant from the King and the King in his Reasons for dissolving the Parliament makes the House of Commons Enquiry into this Business to be an exorbitant Encroachment and Usurpation such as was never before attempted by that House By this you may see the Religious care this pious Prince had for the Church of England and how much he regarded the Laws of England or minded the Support of the poor Protestants in France or the Re-establishment of his Brother-in-law in the Palatinate Thus stood things when the Parliament met the 17th of March when the King as Men in a deep Lethargy no ways sensible of their Pain or the dangerous State they are in not considering the dangerous State he was in both abroad and at home Abroad in that he had made War upon the King of Spain without any Declaration of War and that against his Father's Advice and of his Council and upon the King of France wherein himself and his Favourite Buckingham were the Aggressors at Home by his unheard of Invasions upon the Fortunes and Liberties of his Subjects never before done by any King of England in the short Interval of these two Parliaments scarce being 9 Months upon the Opening of the Parliament far unlike his Father in the last Parliament of his Reign when his Case was not near so dangerous as this King's tho their Necessities were equal to get Money by Parliaments when they could get it no other Way begins his Speech My Lords and Gentlemen THese Times are for Action wherefore for Example sake I mean not to spend much Time in Words expecting accordingly that your as I hope good Resolutions will be speedy not spending Time unnecessarily or that I may say dangerously for tedious Consultations at this Conjuncture of Time are as hurtful as ill Resolutions I am sure you now expect from me both to know the Cause of your meeting and what to resolve on yet I think there is none here but knows that common Danger is the Cause of this Parliament and that Supply at this time is the chief End of it so that I need but point to you what to do All this but of Supply is Mysterious and General and had need of an Interpreter The King goes on and says I will use but few Perswasions for if to maintain your own Advices and as the Case now stands for the following thereof the true Religion Laws and Liberties of this State never so violated by any King of England before him and the just Defence of our true Friends and Allies be not sufficient then no Eloquence of Men or Angels will prevail What Parliament or any other Council but that of Buckingham advised him to make War either upon the King of Spain or France search all the Records of the Journals of Parliament of 21 Jac. and Rushworth Franklin and Bishop of Litchfield and see if in any one of them there be one Sentence of making War against the King of Spain but only to break off the Treaty with the Spanish Match and for the Palatinate But admit the Parliament had upon the Misinformation of the King and Duke advised the King to have made War upon the King of Spain yet since the Earl of Bristol so shamefully blasted the whole Story not a Year since in open Parliament without any Reply How was this Parliament obliged to have made good what that had done And since the King dissolved the last Parliament rather than the Duke should be brought to Trial upon the Earl's Charge which was a Failure of Justice sure it had been more to the King's Honour not to have mention'd this to the Parliament than that what he had done was by their Advice Did this Parliament or any other ever advise him to put the Fleet under the Command of Vice-Admiral Pennington into the French King's Power to subdue the poor Rochellers who never did him any wrong to the Ruin of the Reformed Interest in France and to be the Foundation of the French Grandeur by Sea and then on the contrary make War upon the French King when he was the Aggressor Did ever this or any other Parliament advise him to take his Subjects Goods by force without and against Law and imprison their Persons by his Absolute Will and Pleasure denying them the Benefit of their Corpus's the Birth-right of the Subject and to continue them Prisoners during his Will without allowing them a Trial by the Laws whether they were guilty of any Crime or not Or to execute Martial Law impose new Oaths and give Free-Quarter to Soldiers in his own Kingdom in time of Peace However the King goes on and says Only let me remember you that my Duty most of all and every one of yours according to his Degree is to seek the Maintenance of the Church and Commonwealth and certainly there never was a time in which this Duty was more necessarily required than now Was the Discharge of the Pack of Jesuits conspiring the Ruin of Church and State with Impunity for the Maintenance of the Church and Commonwealth Or was the Commission which the King granted the next Day after the Writs for the Assembling the Parliament to raise Monies by Imposition in the nature of Excise to be levied throughout the Nation for the Maintenance of the Church and State And at the same time to order my Lord Treasurer to pay 30000 l. to Philip Burlemac a Dutch Merchant in London to be by him returned into the Low-Countries by Bill of Exchange to Sir William Balfour and John Dalbier for the raising of 1000 Horse with Arms both for Horse and Foot for the Maintenance of the Church and Commonwealth of England And also to call a Council for levying Ship-Money now he had by his own Will taken the Customs without any Grant of Parliament for the Maintenance of the Church and State I therefore judging a Parliament to be the antient speediest and best way in this time of Common Danger to give such Supply as to secure our selves and save our Friends from imminent Ruin have called you together Every Man must do according to his Conscience wherefore if you as God forbid should not do your Duties in contributing what the State at this time needs I must in Discharge of my Conscience use those other means which God has put into my hands to save that which the Follies of particular Men may otherwise hazard to lose It 's certain a Parliament is the best way in time of Common Danger to give Supplies and secure the Nation from imminent Ruin the Nation being most
their Prince Notwithstanding the former Abuses of this Reign they proceeded with no Censures and Punishment of the King 's evil Ministers except Dr. Manwaring but only to represent to the King the Grievances of the Nation and did not impeach the Duke of Buckingham as they did in the last Parliament nor proceed upon it but only remonstrated to the King the Evils which the exorbitant Greatness of the Duke brought upon the King and Nation and how unsafe it would be to the Nation to grant Aids to the King which were misemployed for the exalting the Grandeur of the Duke However before they entred upon Grievances they voted the King five entire Subsidies which was the greatest Tax that ever was before given to any King of England at once and to be paid in the shortest time Now let 's see tho but in Epitome how these things were changed and what Returns the King made the Parliament and Nation The Unanimity of the Commons in the Gift was not less than the Gift was great being nemine contradicente which so pleased the King that he sent them word by Secretary Sir John Cooke that he would deny them nothing of their Liberties which any of his Predecessors had granted them Then the Commons fell upon Grievances and voted the Imprisonment of any Free-man by Warrant from the King or Council without a Cause alledged to be a Grievance and that the raising Monies by Loan and imposing an Oath upon the Subject to discover the Value of his Estate the Billeting of Soldiers and exercising Martial Law in time of Peace were Grievances Then several Debates arose in the House how the Subjects should be secured against these in time to come And upon the Motion of Sir Edward Coke the House agreed to sue to the King by Petition the most antient and humble Address in Parliament that his Majesty would give his People Assurance of their Rights by Assent in Parliament as he uses to pass other Acts. And hereupon the House ordered Sir Edward to draw a Petition accordingly The House agreed to the Petition and ordered Sir Edw. Coke Sir Dudley Diggs Mr. Selden and Mr. Littleton to carry it up to the Lords The Duke of Buckingham and his Creatures were zealous to stop the Petition in the House of Lords but he was much fall'n from his Lustre since his dishonourable Expedition to the Isle of Rhee last Summer and his Expedition to Cales So as his Sway in the House of Peers was much abated Besides the Bishops were not at this time all of a piece for Arch-bishop Abbot urged his own Case how he was banished from his Houses at Croydon and Lambeth while the Duke was prosecuting his Voyage to the Isle of Rhee and confined to a moorish Mansion-place at Ford to kill him and debarred from the Management of his Jurisdiction and no Cause given for it And Dr. Williams gave most learned and elegant Arguments for the Petition which you may read at large in the second Part of the History of his Life fol. 77 78 79. But this stuck close to him that neither the King nor Laud ever after forgot it which you may read fol. 96. tit 93. The Lords would not proceed to any determinate Vote before they had heard the King's Counsel against the Petition and the Commons Defence of it wherein no less time was spent than six Weeks The Managers for the Petition were Sir Edward Coke Mr. Selden Sir Dudley Diggs Sergeant Glanvile Sir Henry Martin and Mr. Mason Besides Magna Charta the Commons fortified the Petition of Right with six other Acts of Parliament explanatory of Magna Charta viz. The Statute made in the Reign of Edward I. commonly called Statutum de Tallagio non concedendo the Statute of 25 Edward III. where it is declared That from thenceforth no Person shall be compelled to make any Loans to the King against his Will because such Loans were against Reason and the Fanchise of the Land The third was the Statute of 28 Edward III. That no Man of what Estate or Condition soever should be put out of his Lands or Tenements nor Taken nor Imprisoned nor Disherited nor put to Death without being brought to Answer by due Process of Law The fourth Statute the 25 Edw. III. 9. and the sixth 9 Hen. III. 29. against exercising Martial Law in times of Peace These Statutes were so well managed by the Commons in Defence of the Petition that Sir Robert Heath who was Attorney-General and the rest of the King's Counsel pleading tho eagerly yet impertinently had nothing to say materially against them but submitted to the Judgment of the Peers However the Lords before they would put the Vote entred into a Committee of the whole House when my Lord Say moved That those Lords who stood for the Liberties of the Nation might make their Protestation and that to be upon Record and that the other opposite Party should with the Subscriptions of their Names enter their Reasons to remain upon Record that so Posterity might not be to seek who they were that so ignobly betrayed the Freedom of our Nation and this done they should proceed to Vote This struck such a Daunt upon the other Party that not one of them opposed it The Lords agreed to the Petition of Right but with this Addition or Saving We present this our humble Petition to your Majesty with the Care not only of preserving our Liberties but with due Regard to leave entire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People But the Lords did not make any determinate Vote in it but sent it to the Commons to advise upon The Bishop of Lincoln was a great Stickler for this Addition to qualify what he had said before in the Defence of the Petition which did him no good the other sticking alta mente When this Addition or Saving came down to the Commons Mr. Noy said To add a Saving is not safe doubtful Words may beget ill Construction and the Words are not only doubtful and Words unknown to us but never used in any Act or Petition before And Sir Edward Coke said This is the Multum in parvo this is propounded to the Conclusion of our Petition it is a Matter of great weight and to speak plain it will overthrow all our Petition it trenches on all the parts of it it flies at Loans at the Oath at Imprisonment and Billeting of Soldiers this turns all about again Look into all Petitions of former times they never petitioned wherein there was a Saving of the King's Soveraignty I know Prerogative is part of the Law but Soveraign Power is no Parliamentary Word In my Opinion it weakens Magna Charta and all our Statutes for they are absolute without any Saving Power and should we now add it we shall weaken the Foundation of the Law and then the Building must needs fall Take we heed what we yield unto
may be drawn into the Body of a Remonstrance and therein humbly exprest with a Prayer to his Majesty for the Safety of himself and for the Safety of the Kingdom and for the Safety of Religion that he would be pleased to give the House time to make perfect Inquisitions thereof or to take it into his own Wisdom and there give them such timely Reformation as the necessity of the Cause and his Justice does import Sir Edward Coke seconded Sir John Elliot 's Motion and propounded that a humble Remonstrance be presented to the King touching the Dangers and Means of the Safety of the King and Kingdom which was agreed to by the House and thereupon the House turned themselves into a grand Committee and the Committee for the Bill of Subsidies was ordered to expedite the said Remonstrance But this King rather than hear of what he had done did not care what he did and therefore the Speaker brought a Message from the King That his Majesty having upon the Petition exhibited by both Houses given an Answer so full of Justice and Grace for which we and our Posterity have just cause to bless his Majesty it is now time to draw to a Conclusion of the Session and therefore his Majesty thinks fit to let them know That he does resolve to abide by that Answer without further Change or Alteration and so he will Royally and Really perform unto them what he had thereby promised And further That he resolves to end this Session upon Wednesday the 11th of this Month and that this House should seriously attend those Businesses which may bring the Session to a happy Conclusion without entertaining new Matters and so to husband the time that his Majesty may with more Comfort bring them speedily together again at which time if there be any further Grievances not contained or expressed in the Petition they may be more maturely considered than the time will now permit But this did not disturb the Commons but they proceeded in their Declaration against Dr Manwaring and the same day presented it to the Lords at a Conference which was managed by Mr. Pym. The Commons impeached the Doctor upon these three Points in his Sermons of Allegiance and Religion 1. That he affirmed that the King is not bound to keep and observe the good Laws and Customs of this Realm concerning the Rights and Liberties of the Subjects and that his Royal Will and Command in imposing Loans Taxes and other Aids upon his People without common Consent in Parliament does so far bind the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of Eternal Damnation 2. That those of his Majesty's Subjects that refused the Loan did therein offend against the Law of God and against his Majesty's Supream Authority and by so doing became guilty of Impiety Disloyalty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several Parts of his Book does most falsly and maliciously lay upon them 3. That the Authority of Parliament is not necessary for the raising of Aids and Subsidies that the slow Proceedings of such Assemblies are not fit to supply the urgent Necessities of State but rather apt to produce sundry Impediments to the just Design of Princes and to give them occasion of Displeasure and Discontent Whereupon the Commons demanded Judgment against the Doctor not accounting his Submission with Tears and Grief a Satisfaction for the Offence charged upon him and the Lords gave this Sentence 1. That he should be imprisoned during the Pleasure of the House 2. That he should be fined 1000 l. to the King 3. That he should make such Submission and Acknowledgment of his Offences as shall be set down by a Committee in Writing both at this Bar and the House of Commons 4. That he shall be suspended for the Term of three Years from the Exercise of the Ministry and in the mean time a sufficient preaching Minister shall be provided to serve the Cure out of his Livings this Suspension and Provision to be done by the Ecclesiastical Jurisdiction 5. That he shall be disabled hereafter to have any Ecclesiastical Dignity or Secular Office 6. That he shall be disabled hereafter ever to preach at Court 7. That his Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be burnt accordingly in London both the Vniversities and for the inhibiting the printing thereof upon a great Penalty This Censure immediately succeeding Sir Elliot's Representation of Grievances startled Laud as much as Sir John's Representation did the Duke of Buckingham and the King that he might not hear of any more Business of this kind upon the 5th of June commanded the Speaker to let the House know that he will certainly hold to the day fixed for ending the Session viz. the 11th and therefore requires them that they enter not into nor proceed in any new Business which may spend greater time or which may lay any Scandal or Aspersion upon the State-Government or the Ministers thereof This put the House into a fearful Consternation whereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and ordered the House to be turned into a Committee to consider what was to be done for the Safety of the Kingdom and that no Man go out of the House upon pain of being committed to the Tower But before the Speaker left the Chair he desired leave to go forth which the House granted Then Sir Edward Coke spake freely We have dealt with that Duty and Moderation that never was the like Rebus sic stantibus after such a Violation upon the Liberties of the Subjects let us take this to Heart In 30 Edw. 3. were they then in any doubt to name Men that mislead the King They accused John of Gaunt the King's Son the Lords Latimer and Nevilâ—or â—or misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our Tongues How shall we answer our Duty to God and Men 7 Hen. 4. Parl. Rot. 31 32. 11 Hen. 4. Numb 13. there the Council are complained of and removed from the King they mewed up the King and disswaded him from the common Good and why are we turned from that way we were in Why may not we name those that are the Cause of all our Evils In the 4 H. 3. 21 E. 3. 13 R. 2. the Parliament moderated the King's Prerogative and nothing grows to Abuse but this House hath Power to treat thereof What shall we do Let us palliate no longer if we do God will not prosper us I think the Duke of Bucks is the Cause of all our Miseries and till the King be informed thereof we shall neither go out with
c. and hac vice This was 7 Ric. 2. 4. Sometimes to have Intermission and to vary lest the King should claim them as Duties as 2 s. 18 d. 3 s. 5 Ric. 2. 9 Ric. 2. 10 Ric. 2. 5. 3 s. for Tunnage of Wine and 2 s. 6 d. for Poundage for one Year 11 Ric. 2. 6. 3 s. for Tunnage of Wine and 1 s. for Poundage hac vice 13 Ric. 2. 7. 6 d. for Poundage and 18 d. for Tunnage of Wines for three Years 14 Rich. 2. 8. 8 d. for Poundage and 2 s. for Tunnage of Wine 2 Hen. 4. 9. 12 d. for Poundage and 3 s. for Tunnage of Wine for three Years 4 Hen. 4. 10. 12 d. for Poundage and 3 s. for Tunnage of Wines for several times upon Condition sometimes for one Year 6 Hen. 4. 11. 12 d. for Poundage and 3 s. for Tunnage of Wines for four Years 1 Hen. 5. 12. The like Subsidy was granted to Hen. 5. in the third Year of his Reign for Life for carrying on the War against France 13. Tunnage of Wine and Poundage was granted to Edw. 4. for Life with no Retrospect but for time to come 4 Edw. 4. These were continued to all the Kings and Queens of England after Edw. 4. to King Charles 1. but these were of Wines only but these were always granted for the guarding the Seas and of the free good Will of the Subject So that the first Grant of these Duties of Tunnage and Poundage for Life began at Hen. 5. but that was but for that part of his Life for time to come being granted in the third Year of his Reign and so were those in the Reign of Edw. 4. which were granted in the fourth Year of his Reign and Hen. 7. would not take them till they were granted by Parliament and Sir Robert Phillips who was a Member of Parliament Primo Jac. says in his Speech in Parliament Mr. Rushworth mentions it fol. 644. that by reason of the Sickness primo Jac. the Parliament was prorogued and then some were so bold as to demand the Duties of Tunnage and Poundage for which they were questioned in Parliament But after the Duties of Tunnage and Poundage were given to King James and settled by a Book of Rates King James which none of his Predecessors ever did before imposed higher Duties upon several sorts of Merchandise than were granted in Parliament by his own Will and so continued them to his Death and after his Death his Son by his own Will took not only those Duties granted by Parliament but those imposed by his Father neither would he permit the Parliament to sit to establish a Book of Rates but prorogu'd or dissolved them before they could accomplish it And this was the Right he charges the Commons to endeavour to take away by his granting the Petition of Right The King goes on and says This the Right to Tunnage and Poundage alledg'd to be given away by the Commons is so prejudicial to me that I am forced to end this Session some few hours before I meant being unwilling to receive any more Remonstrances to which I must give a harsh Answer And since I see that the House of Commons begins already to make false Constructions of what I granted in your Petition lest it be worse interpreted in the Country I will now make a Declaration concerning the true Intent thereof The King should have declared whether he saw this false Construction of the Commons with his own Eyes or the Eyes of another if with his own Eyes Why does he not declare wherein the Commons made this false Construction of his Grant Or if he saw or heard of this false Construction of the Commons from another the King should have said who told him so Now let us see if the contrary of what the King so injuriously charges the Commons with be not true The Commons say No King of England ever claimed these Customs but by the free Gifts of his Subjects Does the King deny this or shew that ever any King of England claimed them otherways or by any other Right The Commons say His Father raised them to the height they then were without Act of Parliament or free Gift of the People Does the King deny this to be true And that the King continues to take these Customs without any Act of Parliament or Gift of the People Does the King deny this Do not the Commons tell the King That out of their Zeal to his Service and especial Regard to his pressing Occasions they had under Consideration so to frame a Grant of a Subsidy of Tunnage and Poundage to his Majesty that he might have been the better enabled for the Defence of his Realm and Subjects by being secure from all undue Charges for the Security of Trade the Profit of the King and Strength of the Kingdom Does the King deny this With what Conscience and Justice then does the King say the Commons made false Constructions of his Answer alledging he had given away his Right to the Customs by his Answer to the Petition of Right When or where is any such Allegation in any part of the Remonstrance The Commons say that since the King will not permit them to finish their intended Subsidy they have no Course left without manifold Breach of their Duty to his Majesty and their Country save only to make this humble 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 Answer to the Petition of Right Does the King shew that it was not the Commons Duty to represent this to him or that the Commons alledged he had any Right to the Duties which he had given away by his Answer to the Petition of Right Now let 's see the King's Declaration of the true Intent of his Answer to the Petition of Right The Profession of both Houses in the time of the Hammering spoke like a King this Petition was no ways to trench upon my Prerogative no more it did saying They had neither Intention or Power is hurt it therefore it must needs be conceived that I have granted to new but only to confirm the antient Liberties of my Subjects Yet to shew the Clearness of my Intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self That those things which have been done whereby many have had some Cause to expect the Liberties of the Subject to be trenched upon and indeed was the first and true ground of the Petition shall not hereafter be drawn into Example for your Prejudice and from time to time on the Word of a King ye shall not have the like Cause to complain But as for Tunnage and Poundage it is a thing I cannot want and was â—ever intended by you to ask nor meant by me I am sure to grant Nor did
the King the Attorney-General Sir Robert Heath preferred an Information in the Star-Chamber against Sir John Elliot and others of the Members therein named setting forth their Misdemeanours in the late Parliament and all those Proceedings But Mr. Long ' s Charge was different from those of the other Members viz. Not for Misdemeanours in Parliament but that contrary to his Oath being when he was made Sheriff and was by his Oath to keep within his County yet he did come to Parliament and serve as a Member there and in the time of Parliament resided out of his County To this Mr. Long pleaded that the Oath of a Sheriff to reside in his County does not exempt him from obeying the King's Commands out of the County when the King requires it and that by the King's Command in his highest Capacity he being chosen a Member of Parliament was obliged as well by the King's Command as by a Trust reposed in him by his County to serve as a Member of Parliament Yet by a Sentence in the Star-Chamber he was fined 2000 Marks to the King to be imprisoned in the Tower and to make a Submission But the Attorney-General putting the Question to the Judges upon the Proceedings Ore tenus in the Star-Chamber against the Parliament-Men the Judges held it the juster way not to proceed Ore tenus And Justice Whitlock did often and highly complain against this way of sending to the Judges for their Opinions beforehand and said that if Bishop Laud went on this way he would kindle a Flame in the Kingdom Mr. Hollis Selden Stroud and Valentine having been brought to the King's-Bench Bar by several Corpus's and Cause of their Commitment returned one on a Warrant from the Council another on a Warrant from the King for Sedition and Contempts and whether this was a good Return or not was argued The Judges were perplexed about the Habeas Corpus and wrote a humble and stout Letter to the King That by their Oaths they were to bail the Prisoners but thought fit before they did it or publish their Opinions therein to inform his Majesty thereof and humbly to advise him as had been done by his noble Progenitors in like case to send a Direction to his Justices of his Bench to bail the Prisoners But the Lord Keeper Coventry would not acknowledg to Justice Whitlock who was sent to him from the rest of his Brethren about this Business that he had shewed the Judges Letter to the King but dissembled the matter and told him that he and his Brethren must attend the King at Greenwich at a day appointed Accordingly the Judges attended the King who was not pleased with their Determination but commanded them not to deliver any Opinion in this Case without consulting the rest of the Judges who delayed the Business and would hear Arguments in the Case as well as the Judges of the King's-Bench had done and so the Business was put off to the end of the Term Then the Court of King's-Bench being ready to deliver their Opinions the Prisoners were removed to other prisons and a Letter came from the King to the Judges That this was done because of their insolent Carriage at the Bar and so they did not appear The Judges of the King's-Bench were sent to by the Lord-keeper to be in London on Michaelmas-day and the Chief Justice and Justice Whitlock were sent for to the King at Hampton-Court who advised with them about the imprisoned Members and upon the first day of the Term Mr. Mason moved for the Members to have the Resolution of the Court All the Judges declared that they were contented the Prisoners should be bailed but that they must find Sureties for their good Behaviour If this Addition of finding Sureties for the Members good Behaviour were part of the good Offices which the Judges did as Mr. Whitlock says to bring the King to heal the Breaches the Members had little Reason to thank them for their Pains Mr. Selden pray'd that his Sureties for his Bailment might be taken and the Matter of the good Behaviour omitted as a distinct thing So did the rest of the Members whereupon the Court remanded them to the Tower which I suppose is extraordinary the Court having them in their Power and the Tower no Prison of theirs in such Cases In the same Term the King's Attorney Heath exhibited an Information against Sir John Elliot Mr. Hollis Selden and Valentine in the King's-Bench setting forth the Matters in effect as were in the Information in the Star-Chamber to which the Defendants pleaded to the Jurisdiction of the Court because the Offences are said to be committed in Parliament and ought not to be punished in this or any other Court except the Parliament The King's Attorney moved the Court to over-rule the Plea tho he did not demur to it but the Court would not and gave a day to join in Demurrer and to have the Point argued and in Hillary-Term the Judges over-ruled their Plea and the Defendants were ruled to plead further but they would not whereupon Judgment was given against them upon a Nihil dicit That they should be imprisoned and not delivered till they had given Sureties for their good Behaviour and made a Submission and Acknowledgment of their Offences and they were also fined and what their Fines were you may read in the Appendix of the first Part of Rushworth's Collections But herein the Judges were not all of one piece for that venerable and honourable Gentleman Sir John Walter Chief Baron of the Exchequer and who was no placito-man dissented from the rest of the Judges whereupon the King discharged him from his Place I have heard my Father say that when Sir John received the King's Message he returned Answer that he was intrusted by the King in that Office quam diu bene se gesserit and that the Law was free for any Man to prosecute him if he had ill demeaned himself in it but to forsake his Station any other way implied Guilt which he was not conscious to himself of and therefore tho the King sent him his Quietus yet he retained the Perquisites of his Place to his Death A little before the Members Sentence in the King's Bench the King's Attorney exhibited an Information against one Chambers a Merchant for saying Merchants have more Incouragement and are less screwed up in Turkey than in England Chambers confest the Words but he spake them of the under Officers of the Customs who had much wronged him without reflecting upon the Government yet the Court fined him 2000 l. and to make a Submission which he refused as unjust and false The Fine was estreated into the Exchequer where he pleaded Magna Charta and other Statutes against the Fine it not being by legal Judgment of his Peers nor saving his Merchandise but the Barons would not suffer his Plea to be filed and afterwards he brought his Habeas Corpus but the Judges remanded him Thus you
that rather than forsake their Seats in Parliament they 'll lose their Places at Court You have heard how my Lord Privy-Seal became Lord Chief-Justice of the King's-Bench after which the King made him Earl of Manchester Lord Privy-Seal and President of the Council my Lord-Keeper Coventry was upright in all his Decrees but my Lord Privy-Seal sets up the Court of Requests to have a concurring Jurisdiction with the Chancery and Men whom my Lord Coventry did not please brought their Causes into the Court of Requests so that in a short time the Practice of this Court swell'd so much that my Lord Privy-Seal made more Clerks and Attorneys than ever was known before King Charles sent to the Bishop of Ely that he the King would have Hatton-House in Holborn for Prince Charles his Court and that the King would be at the Charges for maintaining the Bishop's Title tho the Bishop told me it cost him many a Pound so in the Bishop's Name a Suit was commenced in the Court of Requests for Hatton-House Before the new Buildings were built Hatton-Garden was the â—â—nest and greatest in or about London and my Lady Hatton had planted it with the best Fruit Vines and Flowers which could be got but upon commencing this Suit she destroy'd all the Plantations yet defended her Cause with all Opposition imaginable But at last in 1639 notice was given to my Lady to hear Judgment and at the day my Lady appear'd in Court when my Lord Privy-Seal demanded of my Lady's Counsel If they had any more to say otherwise upon his Honour he must decree against my Lady Hereupon my Lady stood up and said Good my Lord be tender of your Honour for 't is very young and for your Decree I value it not a Rush for your Court is no Court of Record And the Troubles in Scotland growing higher the King had no Benefit of the Decree nor my Lord any Credit in his Court ever after Nor were the Descendants of many of the King's Favourites more faithful to the King than their Fathers as the Lord Kimbolton Sir Henry Vane jun. Sir John Cooke Henry Martin c. Now when it was too late like a Man who begins his Business the last day of the Term the King seems to alter his Countenance and indulge another sort of Men in Church and State who were opposite to the Principles in Bishop Laud's Regency Dr. Williams censured and imprisoned in the Tower has all the Proceedings against him in the Star-Chamber and High-Commission revers'd and taken off the File and Mountague Bishop of Norwich dying in the beginning of the Parliament Dr. Hall is translated from Exeter to Norwich and Dr. Brownrig a most learned and zealous Anti-Arminian is made Bishop of Exeter c. my Lord Chamberlain Pembroke is removed and the Earl of Essex put in his place Sir Robert Holborn made Attorney-General and Oliver St. John Solicitor both which were Mr. Hambden's Counsel against the Legality of Ship-Money But neither these Actions nor the King 's repeated Royal Word could gain Credit with the Parliament I mean the Houses who tho at another time they would have dreaded a standing Army now resolve to maintain two till their Grievances were redrest And sure now it was a lamentable State the King was reduced to he that before rather than hear of what he had done did not care what he did and therefore dissolved four Parliaments now every day hears of what he had done yet cannot help it His Judges which before had refused to bail his Subjects committed by the King without Cause are themselves now committed against the King's Pleasure and no Bail to be taken for them The King's Customers who by the King's Order seized and sold the Merchants Goods for non-payment of Duties not legally imposed are themselves seized and fined more than they are worth Herein the King was only passive but the Houses would not stay here but tho the Commons at first impeached the Earl of Strafford before the Lords in their Judicial Capacity wherein the King's Consent was not actually necessary yet they after proceeded against him by Bill wherein the Attainder must be actually assented to by the King personally or by Commission which the King did my Lord Privy-Seal and the Earl of Arundel I believe very unwillingly being Commissioners and the same day passed an Act That the Parliament should not be Prorogued Adjourned nor Dissolved without their own Consent which proved as great a Grievance as the King 's proroguing and dissolving them at Pleasure And the passing these Laws so frightned my Lord Treasurer Juxton the Master of the Court of Wards and the Governor of the Prince that they all resign'd their Places Besides these the King passed an Act for a Triennial Parliament to meet if not by usual means then by others whether the King would or not And an Act for the utter abolishing the Star-Chamber and High-Commission Courts And to make it a Praemunire in every one of the Privy-Council to determine any Causes cognisable at Common Law An Act to abolish the Court of the Council and President of the North and an Act to rescind the Jurisdiction of the Court of Stanneries An Act to repeal the Branch of a Statute made the first of Eliz. cap. 1. to authorize Ecclesiastical Persons natural born Subjects of England to reform Errors Heresies Schisms c. An Act for declaring Ship-Money and all Proceedings therein void An Act for ascertaining the Bounds and Limits of the Forests as they were in the 20th Year of King James And an Act to prevent the vexatious Proceedings touching the Order of Knighthood These Acts thus passed the Houses thought themselves secure enough and so paid off and disbanded the English and Irish Armies and sent the Scots into their Country again The much greater part of the Gentry and also of the Members of both Houses would have been content to have staid here and many believed if the Parliament had met at York or Oxford they would but this could not be without disgusting the City of London from which only the Loan of 200000 l. could be raised for Payment of the Armies till Provision could be made by Parliament But it was decreed that things should not rest here and that the Faction in the House of Commons might get a Majority at one Vote as they order'd it they voted all those who had been instrumental in Monopolies or in Ship-Money or Collectors of the Customs out of the House and others to be chosen in their Places And the Rabble in the City in Tumults exclaim'd against the Bishops and Popish Lords Votes hereupon the Bishops enter their Protestations against all Proceedings till they might sit and vote freely whereupon they are committed to the Tower and a Law was passed to disable the whole Hierarchy for the future to have any Place in Parliament As the Scots began their Reformation with a Covenant so the Commons began theirs with a
See the Life of General Monk p. 23 24. written by his Chaplain Dr. Gumble The Parliament having recruited the Earl of Essex's Army he forced his Passage and relieved Glocester the King's Army retreat to Newbury where it was charged by Essex and worsted and in the Fight the Ornament of the Age the learned and most ingenious Lord Falkland tho weary of his Life and presaging his own Destiny was slain as were the Earls of Sunderland and Carnarven If the King's Army had such bad Success before Glocester my Lord of New-Castle had worse before Hull for lying in a moorish unhealthy place in a sickly season of the Year viz. September and October the whole Army fell into Fluxes and other Distempers so as they were forced to raise the Siege having done nothing considerable in it besides at this time Lyn-Regis in Norfolk a Place near as considerable as Hull was seized by the Gentry of Norfolk and might have been relieved if New-Castle had not been engaged in besieging Hull Tho the English and Scotish Parliament agreed in their Solemn League and Covenant yet so did not Sir John Hotham and his Son with the Preferment of Sir Thomas Fairfax and others in the North so that Sir John Hotham refused to serve under Fairfax Hereupon the Parliament intended to have displaced Hotham which when he heard of both he and his Son treated with the Marquess of New-Castle to deliver Hull to the King and the Parliament suspecting the Design sent Sir Matthew Bromton Sir John's Brother-in-law to seize both Father and Son which Sir John little suspecting till it was too late fled to Beverly where he was seized by his own Soldiers and carried to Hull from whence Sir Matthew sent both Father and Son to London where soon after both lost their Heads When the Parliament sent Commissioners to invite the Scots to come to their Assistance the King sent Letters to disswade them from it urging the manifold Grants he had given to them when he was in Scotland last which compleated all they could ask and their solemn Protestations to be for ever his Majesty's most obedient Subjects See the Act cited by Sir Rich. Baker fol. 514. That it should be detestable Treason in the highest degree for any of the Scots Nation conjunctly or singly to raise Arms or any military Force upon any Cause whatever without the King's Commission But now unprovoked by the King and against his express Command they in open Hostility enter England a second time against him so little Faith or Honour was to be trusted to from these Covenanters for the Scots having made their Market with the King resolve to improve it with the Parliament and besides their Pay or Wages of Iniquity will have the Covenant and Kirk-Government imposed upon the English as well as Scots Nation and tho the King's Letters were signed by 19 Lords the Scots ordered them to be burnt by the common Hangman and in order hereunto General Lesley now Earl of Leven upon the 16th of January enters into England again with an Army of above 20000 Scots The King to add Reputation to his Arms summoned the Members of Parliament which followed him to meet at Oxford upon the 22d of January where they voted the coming of the Scots to be Treason and Rebellion but because they would not come up to the King's Desire in Voting the Members at Westminster to be no Parliament the King in great Displeasure with them and in his Letters to the Queen calls them his mungrel Parliament such was the Kindness the King shewed those Noble Lords and Gentry for sacrificing their Lives and Fortunes for his Service And to oppose the Scots the King makes a Cessation of Arms with the Irish and draws back into England the English which he sent to oppose the Irish but these were every where beaten 1500 of them cast away by Sea and the greatest Body of them commanded by Sir Michael Ernley Major General Gibson Sir Francis Boteler and Colonel Monk who shall unravel all the Parliament and Scots were now weaving were totally routed and dispersed by Sir Thomas Fairfax joining with Sir William Brereton near Nantwich and all these with Colonel Gibs Harmon Sir Ralph Dawns with 14 Captains 26 Ensigns and other inferiour Officers and 1500 common Soldiers taken Prisoners with the loss of their Cannon and Baggage So that as Serjeant Whitlock observes f. 79. a. these Irish never did the King any considerable Service But to sweeten this Prince Rupert at the close of this Year beat Sir John Meldrum a Scot who besieged Newark and his Army surrendred up their Arms Upon which the Parliament-Garisons in Gainsborow Lincoln and Sleford quitted these Places to the King's Forces And here we will end the Year 1643. and take notice how Mr. Serjeant Whitlock f. 64. b. errs in point of Time where he says the Scots passed the Tyne in 1642 under General Lesley to assist the Parliament and f. 67. a. he says the Queen was brought to Bed at Exeter of the Princess Henrietta Maria which for ought appears was before the Queen landed from Holland for she was born the 20th of June 1644. See Sir Baker's Hist f. 434. a. Anno Reg. 20. Dom. 1644. The Wonders which succeeded these two Years in England will better appear if a View be taken of the present Posture of Affairs as they stood in the beginning of this Year England and Scotland are united in one Solemn League and Covenant in January last Lesley or Leven enter'd England with an Army of 18000 Foot and 3500 Horse and Dragoons and soon after the Earl of Calendar enter'd England with an Army of 10000 Scots more these commanded by old and experienced Officers and the English Parliament's Armies were commanded by as brave and resolute Commanders as were to be found in Europe The Fleet wholly at the Parliament's Devotion and so was the City of London So that if you look upon the Superstructure nothing could appear more strong and lasting And all this time you hear little of Oliver Cromwel more than that he was a Captain of Horse and being of a bold and active Spirit secured the Town of Cambridg for the Parliament and was very diligent in obstructing several Levies for the King in Cambridgshire Essex Suffolk and Norfolk For these Services he had a Commission to be a Colonel of Horse and having an insinuating and canting way of preaching and seeming very Godly raised such a Regiment of Horse as was no where to be found the Riders spirited with Zeal to the Cause yet not of the Scots mode and to secure them without Oliver took care to provide them able Horses and to be well arm'd and accoutred so as every one of them beside Sword and Pistol had Pot Back and Breast Musquet-proof He was Nephew to Sir Oliver Cromwel who had a very great Estate but his Father being a younger Brother had not above 300 l. per Annum as was said Their
Man and therefore created Man for a Nobler End than can be found in this World viz. capable of Eternal Happiness in a better But though God made all things in this World for the Use of Man yet few things are useful to Man but as they are made so by Humane Labour Industry and Art yet no Art or Science in Man is innate or connatural or comes to pass by Inspiration Fate or Chance but by Education Learning and Experience We do not read that God ever made a House Cloth a Ship c. without Man whereas Nature of her own Accord has provided Food and all things necessary for other Creatures without any Act or Care of theirs Thus Nature clothed Sheep and Beasts with Wool and Hair Fowls with Feathers and Fish with Scales And tho Fowls make their Nests and Conies and Badgers Berries yet they do these by an insite connatural Power not learned or taught by any Creature Other Creatures live free and independent upon one another except the young ones of some Creatures while they can seek their Food and Preservation and are either Solivagous and Hurtful as Foxes Wolves and Tigers c. or live promiscuously in Herds and Flocks and are innocent Creatures as Sheep Goats c. whereas Men live in Dependency one upon another so as no Man can subsist of himself but depends upon another for things which conduce to their Welfare and Preservation and are neither Solivagous nor live promiscuously in Flocks and Herds but in Society and Conversation and keep Company by Election or Choice as they stand in need of other Men either for their Necessity Convenience or Pleasure and Men are distinguished from other Men by their Manners and Conversation so as it becomes Scandalous to keep Company with Debauched and Vicious Men. As other Creatures live free and independent upon one another so have they all things which Nature had provided for them in common whereas Man lives upon those things wherein he has Property exclusive to other Men So that it is wicked and unjust for any Man who has no Property in a thing without the Consent of him who has Property in it to take it from him In this State of Society out of which no Man lives God did not endue Man with Understanding and Reason in vain for whereas other Creatures pursue their Actions being excited by the Passions of Love Fear Hatred and Desire yet Man depresses these and governs his Actions by Understanding and Reason so that Humane Society may be preserved Speech and Letters are necessary in Humane Society and Conversation which wise Nature which never acts in vain hath denied other Sensitive Creatures which govern their Actions by Sense and their Passions these having no need of them Speech is the Mean or Instrument by which Men converse to the Hearing of one another and Letters to the Sight Other Creatures hear the Sound of Speech and can see Letters but do not understand the Power of the Words or Construction of them Man is born the most impotent of all other Creatures being naked and unarmed yet can neither clothe nor defend himself without the Help of another he has nothing to feed himself with but what he has from another yet if he takes any thing from another without the Consent of that other it will be Wickedness and Theft He is obliged to live uprightly and justly with other Men yet understands not how to live uprightly and justly but as he is instructed by Education Learning and Experience he is obliged to speak and write in Truth but neither Speech nor Letters are Insite or Connatural but acquired by Instruction and Learning from others All Humane Learning Reasoning and Instruction in Religion Morality and in every Art and Science is begotten from the Powers which God had before implanted in the Learner and from the Principles which were before understood by him so that if a Man be born blind it will be in vain to instruct him how to be a Painter or if Dumb to be a Musician or Orator or if he be not Compos Mentis so as to understand the Principles from which he is to be instructed Instruction will be as vain to him as to teach a Dumb Man to be an Orator or a blind Man a Painter So that it is from those Powers which God has implanted in Man without the Will of Man that Man becomes capable of being instructed by Man and therefore Man is obliged to give God all Honour and Praise before any other that he endued him without the Help of any other with an Intellectual and Reasonable Soul capable of Instruction The End of all Learning Reasoning and Instruction is how from Premises or Principles which a Man before understood as an Intellectual Creature to govern his Intentions Speech and Actions from them in time to come rationally So that as the Understanding is of the Causes of things and Actions which were before so Reason is of the Consequences of Speech and Actions in time to come The Understanding is from the Act and Power of God but Reason is from the Act or Power in Man So that though a Man may instruct another who hath a competent Understanding how to act Rationally in Consequence yet no Man can instruct another who is a Fool or Madman how to understand Principles from which he is to be instructed so as to judg and act rationally As every Learner is presumed to understand the Principles from which he is to be instructed so the Principles are assumed not proved and are to be without Question or Dispute For if the Question of any rational Proposition be but probable or uncertain the Conclusion or Consequence will be less probable and more uncertain For the better understanding an Oath it will be very requisite to distinguish between Understanding and Knowledg for Man understands Intelligible Beings as God the Soul a Law Religion Justice c. which can never be the Objects of Sense but may be said to know what he understands sensibly viz. of things and Actions which are perceived by Sense as a Man a Horse a Tree may be perceived by other Sensitive Creatures But that these do exist is intelligible So it is that Man is an Intellectual and Reasonable Creature and that God has made all sensible things in the World for the Use of Man c. and these can never be the Objects of Sense As Man excels all other Creatures as he is an intellectual and reasonable Creature â—hereby he honours God is helpful to other Men and preserves Peace in Society so on the contrary Man above all other Creatures abounds in Pride Ambition Arrogance Malice Revenge Covetousness and unlawful Lust whereby God becomes dishonoured and the Peace of Humane Society disturbed so as it is necessary in all Kingdoms and Countries that these be restrained and punished by Civil and Coercive Laws Laws are twofold Divine and Humane Divine Laws are twofold viz. Natural
sit out a greater Fleet of Men of War than ever any French King did before Nor were the Dutch behind-hand but made proportionable Advances not doubting but the King would make good his Proportion according to the League so lately made between the King and them in case the French King made any Attempt upon them Upon the 24th of October 1670 the Parliament met again and notwithstanding all the Aids granted the King in April before my Lord-Keeper Bridgman told the Parliament the great Care his Majesty had of them and the Kingdom since their last Recess and that besides the triple Alliance he had made many advantagious Alliances both for Security and Profit of Trade with the Swede Dane Spaniard and Duke of Savoy But since the Dutch and French made such vast Naval Preparations it was necessary for the Safety and Honour of the Nation that the King should at least keep equal Pace with them which could not be done without great Supplies which must be speedily granted for the King intended to put an End of this Session before Christmas but the Success of this Speech so ill agreeing with the Premises it was not permitted to be printed yet you may read it at large in Mr. Marvel's Growth of Popery But whatever Treaties of Commerce were made with other Princes the Keeper finds none with France where neither the advantagious Treaty made by Oliver was observed nor any new one made but the French King did use the English with all imaginable Oppressions without any Redress from the King However this Speech wrought so pathetically with the Parliament that they gave the King one Shilling in the Pound of the real Value of all the Lands of England for one Year and an Additional Excise upon Beer and Ale for six Years and the Law-Bill for nine Years which three Bills were computed at two Millions and a half And now this dark Design founded in such deep Dissimulation Hypocrisy and Perfidiousness as Oliver Cromwel would have been ashamed of and blush'd at begins to receive Light For the Parliament having granted the King the Aids were in Consequence prorogued and did not meet to act till the fourth of February 167 1 2. But in regard that not only the extirpating the Protestant Religion but the Subversion of the Western Parts of Europe was now designed which extended as far as the Baltick Sea and the Bounds of the Turkish and Tartar Empires we will be a little particular in it But what is most amazing is that the King in appearance a Protestant and a free independent King so used by the French King in his Exile and since his Restoration should be so forward in joining with a Faithless and Boundless Ambitious Neighbouring Prince which if his Design had succeeded had involved the Kingdoms of England Scotland and Ireland in the same Condition with the rest of Christendom The Vizard-Mask under which the Popish Party covered their Hypocrisy in propagating their Catholick Cause for plain-dealing must never be expected in it in King Charles the First 's time was Arminianism which then had the Ascendant in Laud's Regency but since the King's Restoration the Protestant Dissenters being so fiercely prosecuted by the Parliament it was judged that the dispensing with Penal Laws against Dissenters from the Church of England would conjoin the Protestant Dissenters Interest with the Popish and this not only appeared by Practice but by Design in Coleman's Letters to Father Ferier and La Chaise the French King's Confessors As before the first Dutch War the King issued out his Declaration of Indulgence for dispensing with the Penal Laws in Ecclesiastical Affairs in the Interval of the sitting of the Parliament so did he before the second War It seems to me that the Designers of this War got some secret Oath or Promise from the King that he should not do the like again for the King told the House of Commons he would stand by his Declaration of Indulgence and sure nothing but Queen Money would have got him off However these Conspirators were more zealous than politick for before the King issued out his Declaration of Indulgence in England upon the 26th of February 1671 he issued out his Proclamation in Ireland wherein he granted general Licence to all Papists to live in Corporations exercise Trades there and enjoy the same Privileges as other Subjects ought to do which was a greater Privilege than his Protestant Subjects had for by their Charter all who were not free of the Corporations could not have the Benefit of their Privileges But that the Catholick Design might take deeper Root and Continuance the Duke of York's Sons being dead and the Princesses his Daughters being bred up in the Protestant Religion Care must be taken to establish the Popish for the time to come for which it was expedient the Duke should marry some Popish Princess and to this end the Arch-Dutchess of Inspruck was propounded and a Treaty entred into upon it But tho the Princess's Religion pleased the French King yet the Interest this Marriage would bring with it did not So that tho the Treaty were far advanced yet the French King who ruled all the Roast propounded the Princess of Modena the Daughter of a little Italian Prince and a Dependant of the French King's yet had a great Interest in the Court of Rome and this against all Endeavours of the Parliament and to the Dishonour of the Treaty with the Arch-Dutchess prevailed the French King having adopted her a Daughter of France and given her a Portion But while these Designs are laid in the dark here in England the French King bare-faced by his Ambassador at Vienna in a solemn Speech declared that his Master had undertaken the War against Holland for propagating the Catholick Cause and that all good Christians were bound to join with him to extirpate Heresy and that he would restore all his Conquests to re-establish the true Worship banish'd out of the Holland's meaning the Vnited Netherlands Territories which you may read more at large in Mr. Secretary Trevor's Appeal c. Now let 's see how agreeable these Mens Morals were to their Religious Pretences in laying the Scene for this designed Dutch War The Treasury since the Death of my Lord Treasurer Southampton was managed by Commissioners and if the Aids granted by the Parliament were not sufficient for carrying on the King's Designs the French King is to supply him further but things were not ripe enough yet for these Monies to be returned into the Exchequer lest they might give cause of Suspicion and therefore between six and seven hundred thousand Pounds were received by Mr. Chiffins he to have two Pence in the Pound to be disposed of as the King shall order If you doubt this you may examine Mr. Chiffins's Accounts when he was advised to pass them and take his Quietus out of the Exchequer Tho by the Defensive League between the King and States when the Triple League
should be Lord on both sides of the Spanish Netherlands could be to protect them against the Power of the French Good God! Did these Men believe Heaven or a God! But all Moral Vertues and whatsoever may be called sacred must give way to the Advancement of the Catholick Cause By this time the French King by the Benefit of the Act of Navigation Oliver's Peace with France and War with Spain our King's supine Negligence and the Addition of twelve great Men of War built by the Dane and Dutch in the former Dutch War had got a Navy equal to the Dutch or English yet how to damage or destroy these and to instruct his Men to fight is the French Game now to be play'd And therefore for this time the French permitted the English to have the Red Flag and the French were content with the White Yet here it 's observable That in all the former Fights with the Dutch when the French and Dane joined against the English except that when the Fleet was divided the English put the Dutch to flight whereas in all the Fights which were four wherein the French joined the English the English came off with more Loss than the Dutch Things thus order'd the Duke of York was Admiral of the Red or the whole Fleet Monsieur D'Estree of the White and my Lord of Sandwich of the Blue And thus they rode at Anchor in Sould-Bay the 28th of June 1672 the Wind blowing at North-East a stiff Gale And upon that day there was a mighty Sacrifice to Ceres and Bacchus on board the Fleet by the Flag-Officers and at the same time the other Captains in imitation of their Admiral went on Shoar to perform the same at Alborough Dunwich and Sould. In their Jollity on Board my Lord Sandwich not at good Terms either with the Duke or with the French said that as the Wind stood the Fleet rode in danger of being surprized by the Dutch and therefore thought it adviseable to weigh Anchor and get out to Sea The Duke retorted upon him as if this had been said out of Fear which the next day 't was thought was the loss of the Earl and the brave Ship the Prince Royal. The Sacrifice ended and when all were Vino somnoque sepulti the Thunder of the Cannon of the Scout-Ships about two in the Morning gave Notice that the Dutch Fleet was approaching to call the English to an account for their Yesterday's Jollity Now all things were in Confusion our drowsy Officers were in no case to go to Counsel nor had time for weighing Anchor the Cables therefore were cut to avoid being burnt by the Dutch Fire-Ships and the Long-boats were sent near the Shoar to wait upon their sleepy Officers Here was no time to draw into a Line of Battel but it happened that about four in the Morning a Calm fell which continued till after six whereby the Captains had time to get on Board tho not to consider how to fight And I have heard experienced Sea-men say if this Calm had not happened the whole English Fleet had been in danger to be stranded or burnt The Coast of Sould-Bay lies near North and South the North-most part inclining into the East called Eastonness being the most Eastern Part of England but towards the South it inclines into the West The French lay South the Duke's Squadron in the midst and my Lord Sandwich on the North so as the French had most Sea-room and the Blue least When the Dutch engaged the Fleets the Wind was South-East and the Dutch did not fight close with the French yet the French shot furiously but their Shot fell short But with great Courage the Dutch fell upon the Duke's Squadron and more fiercely upon the Blue the Dutch having near one third more than the English and thus the Fight held till about 11 when the French by this time might have weathered the Dutch and disingaged the English but did not Now the Wind had got North-East and Van Gent the Dutch Vice-Admiral with three Men of War whereof one lay across his Haulser sorely distressed my Lord Sandwich when Sir Joseph Jordan Vice-Admiral of the Blue who might have disengaged the Earl sailed to the Red to assist the Duke and it 's believed the Earl might have done so too if his great Spirit could have digested his yesterday's Taunt So this noble Earl and his brave Ship perished with many young Gentlemen besides Mariners Towards two the English got the Weather-gage of the Dutch and then the Fight ended nor did the French serve the English better in any of the other Sea-Fights which let others tell I have had enough of this Tho the Dutch could thus cope with the English and French at Sea yet they found another kind of Task of it by Land And let 's look back a little and see how this Calamity came upon them and some things we are necessitated to resume here tho mentioned before upon another occasion to make Matters more plain and obvious There is no Man conversant in the Stories of those Times but understands that the Foundation of the Dutch States was laid by William Prince of Orange Father of Maurice and Henry Frederick Grand-father of King William who and his Brothers all lost their Lives in establishing it with the Assistance of Queen Elizabeth Queen Elizabeth however she made use of the Dutch to curb the aspiring Dominion of the Spaniard knew their Nature so well as never to trust them and therefore bridled them by keeping the Brill Ramakins and Flushing the Keys of the Maeze and Scheld in her Dominion The Queen in assisting the Dutch made one Article That two such English Men as she should name should sit and vote in their States But the Dutch growing mighty by her Assistance and withal ungrateful formed a private Cabal at Amsterdam where they managed all the secret Affairs of their State and in this Barnvelt was the Head The Queen incensed herewith in the Year 1598 called the States to an account for all the Monies she had expended in their Support which was 8000000 Crowns or two Millions Sterling the Dutch pleaded Poverty and their Inability of Payment and beseeched her that as she excelled all others in Glory and Power so she would continue her Mercy and Pity to these distressed States The Queen answered them She had been often deluded by their deceitful Supplications and ungrateful Actions and pretences of Poverty and that they bare no Reverence to Superiors nor took any Care but for themselves The States were confounded with this Answer and to appease her promised to pay her the whole Debt after the War and during the continuance of it to pay her 100000 l. per Annum and that the English Garisons in the Brill Ramakins and Flushing should be paid by the States The Queen tho not much trusting the States yet wisely considering that if she refused these Offers the States might alter and put themselves under
made out the Popish Faction would lose the Tories and Passive-Obedience-Men who at present were their dearest Joys and without them they had not Means to carry on their Design of propagating the Catholick Cause they were sure of the King tho it 's believed he loved not the Duke of York and therefore the King made three Declarations the first of the second of June 1679 wherein he calls the Report of his Marriage or Contract with Mrs. Walters alias Barrow the Duke of Monmouth's Mother false and scandalous and upon the sixth of January following declared that they who should say he was married or contracted to the Duke of Monmouth's Mother were neither his nor the Duke's Friends and declared in the Presence of Almighty God that he was never married nor contracted to any other Woman but his Wife Queen Catherine and upon the third of March following declared in Council and entred it into the Council-Books in the Presence of Almighty God that he was never contracted or married to any other Woman but his Wife Queen Catherine and the Popish Party were sure enough no Issue would spring from thence to the Prejudice of their Cause And that the King might gratify this Faction as well as he had done the Nation in sending the Duke of York out of it he sends the Duke of Monmouth after him but the Duke being informed that Banishment is a Punishment which the King cannot inflict upon any Man unless he be convicted of some Crime the Duke of Monmouth returns again and the Duke of York followes him with this different Success that the Duke of Monmouth had all his Places of Profit and Trust taken from him and the Duke of York was sent High Commissioner into Scotland where the Duke of Monmouth's Victory at Blackborn had left a clear Field in Scotland for the Duke of York to play what Game he pleased but how well this agreed with the King's Speech at the opening of the Parliament That he had commanded his Brother to absent himself from him because he would not leave malicious Men room to say that he had not removed all Causes which could be pretended to influence him to Popish Councils a little time will shew but before we take a View of the Duke of York's Actions in Scotland it 's fit to see how things were carried on in England between the Dissolution of the Parliament and the meeting of the next or third Westminster-Parliament of this Reign The King by Proclamation dissolved the Parliament upon the 12th of July 1679 and issued out Writs for the meeting of another the 17th of October following but like the usual Methods of other things in this Reign when they met he prorogued them to the 26th of January following and then prorogued them to the 5th of April following viz. 1680 and from thence to the next 17th of May And when they then met prorogued them to the first of July and from thence to the 21st of October when he graciously declared they should then sit And now let 's see what 's doing in the mean while for the discovery and suppressing of the Popish Plot. To humour the Court the Tory Party set their Wits to work to ridicule the Popish Plot and Roger L'Estrange as Pensioner of the Party comes weekly or oftner out in defiance of it who is Party Judg Licenser and Rifler of the Press whilst his Antagonist Care who wrote The Weekly Packet of Advice from Rome wherein he discovered the Frauds and Superstitions of that Court and Church is not only thereupon arraigned convicted and sentenced for printing illicite or without Licence but by an Order of the Court of King's Bench it was ordained That the Book intâ—led The Weekly Advice from the Church of Rome or the History of Popery shall not from thenceforth be printed or published by any Person whatsoever Then a Design was set on foot to throw the Popish Plot upon the Presbyterians by leaving Papers of a Plot in the Lodgings of the principal Persons who were active in the discovery of the Popish Plot and then to search their Houses and prosecute them upon it and these Papers to be given in Evidence against them Mrs. Cellier was a principal Agent herein and Dangerfield as her Instrument at first made an Attempt herein upon Colonel Mansel who was prosecuted upon it but the Examination of it was referred to Sir William Jones then Attorney General upon whose Report of it to the Council they thereupon voted Colonel Mansel innocent and Dangerfield guilty and that this was a Design of the Papists to lay the Plot upon the Dissenters Charge and a further Proâ— of the Popish Plot. But this was such a Crime in Sir William Jones that he was soon after put out of his Place and Sir Robert Sawyâ—â— put in who would not venture the loss of his Place for such another Report By this time my Lord Chief Justice's Zeal which he professed for discovery of the Popish Plot was inverted into the quite contrary and he was not of the Opinion of the Council For after this Dangerfield procured his Pardon and then discovered the whole Plot which he printed hereupon Mrs. Cellier was prosecuted and tried before my Lord Chief Justice Scroggs upon the eleventh of June 1680. and Mrs. Cellier excepting against Dangerfield's Evidence he having his Pardon the Case was sent to the Court of Common-Pleas for their Judgment upon it who gave it that Dangerfield's Evidence was good yet let any Man read the Trial and see how the Chief Justice rated and vilified him so as Mrs. Cellier was quit and after the Trial committed Dangerfield to Prison upon the account there was a Defect in his Pardon though it was not then before him whether there was any Defect in his Pardon or not Then the Popish Party set another Design on foot to suborn the Discoverers of the Popish Plot for which Mr. Reading was tried and committed and also to suborn defame and scandalize the King's Evidence in the Discovery of the Popish Plot for which Thomas Knox and John Lane were convicted upon the twenty fifth of November 1679 and John Tasborough and Ann Price upon the third of February following Another Step towards the Discovery of the Popish Plot and Subversion of Popery was to discharge those in Prison upon it and in order to it you may read in the Trial of Sir George Wakeman Corker and Marshal what a Stress my Lord Chief Justice Scroggs put upon Oates his not accusing Sir George Wakeman upon his Letter before the Council when Oates was so tired weak and confounded with his other Evidence that he was scarce able to stand and how the Chief Justice repeats this and bids the Jury weigh it well and not be amazed or affrighted at the noise of Plots and that Sir Wakeman's Corker's and Marshal's Blood lie at Stake as did his and the Juries Souls c. And in my Lord Castlemain's Trial how he undervalued
Speech that they would not deign to debate it or one Paragraph in it Neither the Baâ—t of Tangier nor the King 's making Alliances with the Dutch and Spaniard if any such were in his Ramble of Prorogations of this Parliament would make the Commons give more Money This Parliament met in a contrary Humour to that of the Long Parliament and that from contrary Causes for that Parliament adored him as their Deliverer from the Rage and Persecution of the late times whereas this Parliament met in Dread and Terror of the Nation at present and were frighted at the Prospect of the Consequence of it after the King's Death The Commons heated by the Dissolutions of the two last Parliaments when they were searching into the Discovery of the Popish Plot and exasperated against the Tories for ridiculing the Popish Plot and for abhorring petitioning the King to let the Parliament sit in order to prosecute and secure the Nation against it c. proceeded in another Temper I think than any other ever before and in Truth I do not desire the Prosecution of the Commons in the Long Parliament in the first ten Years against the Protestant Dissenters and of the Commons of this Parliament against the Tories should be taken for Precedents by any Parliament in time to come When Parliaments met annually or at least frequently I think a Complaint cannot be found against any Man for Breach of Privilege but when there were long Intervals of Parliaments from whence the Consequence resolved into long Sittings of Parliaments which began in the Reign of Henry VIII then the Inconvenience I may say of Privilege of Parliament first began nor do I find any before the latter end of Henry VIII nor does Mr. Petit in his Precedents from Arrests and other Privileges of Parliament-men cite any before the Thirty fourth of Henry VIII in Case of Mr. George Ferrers Burgess for the Town of Plimouth being arrested for Debt and this was taken for such a Novelty that he takes up near seven Pages to recite the Proceedings of the Commons upon it and how the King being advertised thereof called the Chancellour the Judges the Speaker of the Commons and the gravest Persons of them wherein he commended the Wisdom of the Commons in maintaining their Privileges which he would not in any Point have infringed and that the Privileges of Parliament extend to the Servants of the Commons from Arrests as well as to the Persons of the Commons It 's worthy Observation with what Sobriety and Justice the Commons proceeded herein They ordered their Serjeant forthwith to repair to the Compter in Breadstreet wherein Mr. Ferrers was committed with his Mace to demand his Delivery which the Serjeant did to the Officers of the Compter who notwithstanding refused to do it and beat and hurt some of the Serjeant's Officers and broke his Mace and during the Brawl the Sheriffs of London came in who countenanced the Officers of the Compter and refused to deliver Mr. Ferrers and gave the Serjeant proud Language and contemptuously rejected his Message Hereupon the Commons commanded the Serjeant to demand the Sheriffs of London to deliver Mr. Ferrers by shewing them his Mace which was his Warrant for so doing whereupon the Sheriffs delivered him accordingly but then the Serjeant having further Command from the Commons charged the Sheriffs to appear personally on the Morrow by eight of the Clock before the Speaker in the nether House or of the Commons to bring thither the Clerks of the Compter and such other of their Officers as were Parties in the Fray and to take into Custody one White who had wittingly procured the said Arrest in contempt of the Privilege of Parliament The next day the two Sheriffs with one of the Clerks of the Compter and the said White appeared in the Commons House where the Speaker charging them with their Contempt and Misdemeanour they were compelled to make immediate Answer without being admitted to Counsel and in conclusion the Sheriffs and the said White were committed to the Tower and the Clerk which was the Occasion of the Fray to a place called Little Ease and the Officer which did the Arrest called Taylor with four other Officers to Newgate where they remained from the Twenty eighth to the Thirty first of March and then were delivered at the humble Suit of the Mayor and their other Friends The next Breach of Privilege reported by Petit is eight Years after viz. the fourth of Edward VI by one Withrington who made an Assault upon the Person of one Brandling Burgess of New-castle but the Parliament drawing towards an End the Commons sent Withrington to the Privy Council but the Council would not meddle in it and sent the Bill of Mr. Brandling's Complaint back again to the Commons according to the antient Custom of the House whereupon the Bill was sent to the Lords from the Commons when Withrington confest he began the Fray upon Dr. Brandling upon which he was committed to the Tower This was in the Year 1550. Mr. Petit finds not another Breach of Privilege till the Fourteenth of Elizabeth twenty one Years after which was done by one Arthur Hall for sundry lewd Speeches used as well in the Commons House as abroad who was warned by the Serjeant to appear before the Bar of the Commons to answer for the same and upon his Speech upon the humble Confession of his Folly he was remitted with a good Exhortation given him by the Speaker Here I observe these three Particulars 1. The Rarity of these Breaches of Privileges of Parliament in former times 2. The Justice of the Commons in their Proceedings of Breach of Privilege to cite the Person or Persons to appear before them to answer for themselves before the House passed any Censure upon them 3. That in none of these Censures they enjoined the Delinquent to pay their Fees to their Serjeant for the Serjeant is the King's Officer and by the 26th West 1. no Officer of the King 's shall take any Fee or Reward for doing his Office but what he receives from the King upon Penalty of rendring double to the Plaintiff and be further punished at the Will of the King And Sir Edward Coke in his first Inst Lib. 3. Sect. 701. Tit. Extortioners says this was the antient common Law and the Penalties added by the Statute and that tho some Statutes since have allowed the King's Officers in some Cases to take Fees for executing their Offices yet none other can be taken but what such Statutes allow and that all Officers of the King who take Fees otherwise are guilty of Perjury I would know by what Law the Commons Serjeant takes his Fees and how the Commons can absolve him from Perjury for taking such Fees Whereas in this Parliament rarely a Day passed wherein Men upon bare Suggestions and absent were not judged and Execution ordered for high Breaches and notorious Breaches of the Commons Privileges yet most of these
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
Laws and Constitutions of it and to have maintained the Honour of it abroad made it their Business to have subverted them and being thereby always at Variance and Contentions with their Subjects lost their own and the Nation 's Honour abroad and by taking no Care of the foreign Concerns of the Nation became contemptible to other Nations Nay the last three Kings instead of restraining the French Ambition and Tyranny joined with them in advancing of them as if they designed to make the French King an Universal Monarch as well as to destroy the Constitutions of England And I would know a Reason why now his Majesty King William has by God's Blessing redeemed this Nation from the imminent Danger which the French King in conjunction with King James designed upon the Western Parts of Christendom as well as these Kingdoms of England Scotland and Ireland any Christian should endeavour or desire the Restitution of King James any more than the Primitive Christians did Dioclesian Maximi◠and Maxentius after God had freed them from their Rage and Persecution by Constantine APPENDIX MY Lord Bacon compares Times to Ways some more plain and easy to pass others more rugged and more hard to pass the former is better for him who lives in them the latter is better for the Reader not only in the Pleasure of reading the Variety of Accidents in them but because in their Contests fine Notions arise which otherwise might have been concealed and which may be beneficial to the Readers in succeeding Times and also in shewing the Causes of these Distempers succeeding Generations may be admonished hereby to prevent them in time to come In these Treatises we have given an Account of the manifold Varieties of Accidents which have hapned for above 80 Years in the Kingdoms of England Scotland and Ireland France Spain and the States of the Vnited Netherlands and though the Roman and Grecian Histories may give Instances of the like by Land yet none of them can shew the like of the French Grandeur by Sea in little more than forty Years but more especially in that this was acquired in the Face of two neighbouring Nations either of which could have prescribed Laws to all the World besides herein the one claiming the Dominion of the British Seas the other of the Indian and Southern Ocean On the other Side Spain which in the Reign of Queen Elizabeth was both the Envy and Dread of these Western parts of Christendom is now fallen into that abject State as it is scarce in the Power of Christendom to uphold it from falling under the Dominion of the French and this History in some Measure hath shewn the Causes both of the Grandeur of France and the Cadency of Spain To the natural Advantages which the French had above other Nations after the Death of Queen Elizabeth was added that James the first and Charles the first of England whose Interest it was to have restrained the ambitious and aspiring Humour of the French were degenerous Princes wholly given up to be governed by Flatterers and Favourites and made it their Business to usurp another Jurisdiction over the Nation than they could claim by their Inherent Birth-right so that if the Long Parliament in 1640 had not put a Stop to Charles his Career no mortal Creature could have foreseen where it would have ended King James not to disturb his licentious and voluptuous Pleasures stood only still and looking on whilst Lewis the 13th had near broke the Interest of the Reformed in France but Charles in the first Act of his Reign lent the French a Fleet to subdue the Rochellers at that time superior to Lewis by Sea and as inconsiderately in the second Year of his Reign made War with France having in the first Year made War against the Spaniard whereby both Spain and France joining against the English brought that Loss and Dishonour upon the English in the Expedition of the Isle of Rhee and Charles being as loose in his Resolutions as inconsiderate in his Actions after the Death of the Duke of Buckingham who had engaged him in both these Wars made a secret Peace with the French and left the Reformed out of it though he engaged them to join with him in the War whereby the whole Interest of the Reformed was rooted out So that the Original of the French Grandeur by Sea and Land may be truly ascribed to these two Hereditary Princes James and Charles After the Tyranny of Charles his Reign had degenerated into the Usurpations of the Rump they thinking to prejudice the Dutch made the Act of Navigation which crampt up all the foreign Trades of England and the fishing Trade which above all others is the Nursery of Seamen and encrease of Navigation to English-built Ships and sail'd with ¾ English whether there be Ships or Mariners or not and without any Consideration of Times whether of War or Peace Though we have in this History and in The Reasons of the Decay of the Strength Wealth and Trade of England and also in the View of the Act of Navigation in reference to the Laws which yet stand unrepealed to the Trades for Masts Rafters Boards foreign Oak Timber Pitch and Tar and to the Trades for rough Hemp and Flax and to the fishing Trades and also to the Safety of the Nation against Foreign Powers at large demonstrated the Iniquity of this Law and the dangerous Consequences of it yet it is fit even here to take some Notice of it and of the Navigation of the Nation before the Act and how the Case stands now by reason of it Before the Rump contrived the Act of Navigation the English as the Traders told me alone fished upon the Coasts of Iseland and Westmony for Ling and the Cod-fish called Haberdin and at that time the Town of Alborough in Suffolk as I was informed fished yearly to those Seas with 35 Sail of Vessels called Iselands-Barks and the Town of Sould or Southold with 15 and Great Yarmouth with manifold more the Number I cannot tell but this I can tell That besides London and other parts of Norfolk and Suffolk which they supplied with this sort of Fish as also the Navy Royal and other Ships with this sort of Provision the Town of Yarmouth yearly exported to Calice St. Valery Diep Havre de Grace St. Maloes Brest and other parts of France 150000 Haberdin and Ling and by their Trades with these returned Sails and Nets for their Navigation and Fisheries Wells and Lyn in Norfolk too drove Trades into these Seas but I am not informed in how many Vessels but I have heard the Inhabitants of Wells complain that they have almost lost their Trades and I belive Lyn wholly Before the Act of Navigation the English from the Western Ports drove threefold a greater Trade in the Newfound-Land Fishery than the French whereas the French now drive above twenty-fold more the Trade to Newfound-Land Fishery than the English do And I have