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
Provision made for him The 6th is That if a Corporation maintain a Lecturer that he be not permitted to preach till he take care of Souls within the Corporation How this can be I don't understand unless the Lectuâ—er have a concurring or distinct Power from the Incumbent The 7th is That none but Noble-men and Men qualified by law may keep Chaplains Yet in your Religious Care you take no care how otherways they may subsist The 8th is That Emanuel and Sydney Colleges in Cambridg which are the Nurseries of Puritanism may be from time to time furnished with Grave and Orthodox Men for their Governors viz. Such as shall do the Arminian Work without any regard to the Statutes of the College All these Considerations must be taken for Acts of the Church of England and a Neglect or Breach of them sufficient for an Information in the High Commission where he is assured he shall shortly judg and therefore his Majesty in the 9th Consideration 〈◊〉 to countenance the High Commission by the Presence of some of the Privy-Council at least so often as any Cause of Moment is to be settled The 10th Consideration is That Course may be taken that the Judges may not send so many Prohibitions Which if they do from any of his Censures in the High Commission he will proceed against them by Excommunication Thus you see this Icarus is not only content to take a Flight out of his Diocess but over the whole Provinces of York and Canterbury in Ecclesiastical Affairs and extends it as he pleases over the Civil These were the Seeds which this Bishop planted while he was Bishop of London you may be sure he 'll reap a good Crop now he 's become Metropolitan of all England During the time of his being Bishop of London he was look'd upon as the Rising Sun which the flattering Students in both Universities worshipped but after he became Arch-Bishop the Learning of both Universities were Brawls about Arminian Tenents in the Schools and Sermons The Arminians treating their Opponents with all taunting and reproaching Terms and if their Opponents retorted they were had up into the High Commission where the Arch-Bishop presided assisted by his Ecclesiastical Judges and Ministers of the Prerogative Court and some of his Majesty's Privy-Council but I do not read of one cited for maintaining Arminian Tenents It 's scarce credible how the Business of this Court the Star-Chamber and Council-Table swelled and what cruel and unheard of Censures were made especially in the Star-Chamber against all sorts of People who did offend either against the King's Prerogative Royal or the Arch-bishop's Injunctions which must be obeyed as Articles of the Church of England The Thunder of them was not restrained within the Bounds of England but terrified almost all Scotland who were bitter Enemies to Arminianism At this time of day the Court-Bishops disclaimed all Jurisdiction from the King in Bastwick's Censure who was to pay 1000 l. Fine to be excommunicated debarr'd of his Practice of Physick his Books to be burnt and his Person imprisoned till he made a Reclamation and all this for maintaining the King's Prerogative against the Papacy See Whitlock's Memoirs The Bounds of England were too narrow to restrain this Man's Ambition and therefore before he had been two Months Arch-bishop viz. the 8th of October 1633. he advised the King 〈◊〉 make a Reformation in the Church of Scotland not by Confeâ—â— in Parliament but by his Prerogative Royal the Beginning 〈◊〉 this Reformation must begin at the King's Chappel Royal wheâ— the English Service the Surplice and the receiving the Sacramentâ— is enjoined and that the Lords of the Privy Council the Lord of the Sessions and the Advocate Clerks Writers to the Privâ— Signet and Members of the College of Justice be commandeâ— to receive the Sacrament once every Year in the said Chappeâ— and the Dean to report to the King who does or who does 〈◊〉 obey and the Arch-bishop had a Warrant from the King to 〈◊〉 Correspondence with the Bishop of Dunblane and to communicate to him his Majesty's farther Pleasure herein And so we leave the Affairs of the Church here for a while and see how Affairs stood in the State since the Dissolution of the last Parliament In the last Parliament among many famous Members Sir Thomas Wentworth and Mr. Noy excelled Sir Thomas for his admired Parts and natural and easy Elocution Noy as a most profound Lawyer both zealous Patriots for the Rights and Liberties of the Subject And upon the 12th of February 1628. when the Debates for granting Tunnage and Poundage to the King was in the House of Commons Mr. Noy argued We cannot safely give unless we be in Possession and the Proceedings in the Exchequer be nullified as also the Information in the Star-Chamber and the Annexion to the Petition of Right for it will not be a Gift but a Confirmation neither will I give without the Removal of these Interruptions and a Declaration in the Bill that the King has no Right but by our free Gift if it will not be accepted as it is fit for us to give we cannot help it if it be the King 's already we do not give it So that these two must be reckoned among those Vipers which the King declared at the Dissolution of the Parliament and must look for their Reward of Punishment The Reward of Punishment which these two Vipers had was that Sir Thomas Wentworth was made Lord President of the North and Mr. Noy Attorney General Sir Thomas strained the Jurisdiction so high that it proved the Ruin of the Court and the Rise of the Fame of Mr. Edward Hâ—de after Chancellour of England for the Speech he made in 1641 against the Abuses committed in it whilst Sir Thomas was President and Noy now he is become Attorney is become the most intimate Confident of the Arch-bishop and as forward in Informations in the Star-Chamber High Commission and Council-Table as Sir Robert Heath was who is made Chief Justice in the Common Pleas to make room for Noy to be Attorney General But while the King was erecting this new Principality over his Subjects which none of his Ancestors or Predecessors before his Father and himself ever pretended to in England it 's fit to look a little abroad and see how the Case stood there The Dutch the next Year after that his Father had given up the Cautionary Towns which Queen Elizabeth kept and delivered up to him by her Death well knowing the Poverty of King James and the ill Terms between the King and his Subjects took the Boldness to fish upon the Coasts of England and Scotland with their Busses and other Vessels guarded by Men of War in Defiance of him and now Grotius no doubt set on work by some of his Country-men perceiving how intent King Charles was in erecting his new Dominion over his Subjects that he became careless of all his Foreign Affairs took the Impudence to
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
were undone by it yet little of the Money levied upon them was brought into the Exchequer and you may be sure the Prosecutors would take their own share and it was no difficult Matter to get a Grant or at least a Pardon for the King 's Among the rest of the Worthies in this pious Business one Jenner a Lawyer was one who for this and other meritorious Acts was after knighted and made one of the honourable Barons of the Exchequer and Sir Dudly North the Keeper's own Brother was another and though these Men were excepted out of the Act of Indemnity made by this King and Informations against them in the Exchequer and among the rest against this Jenner yet upon pleading their Pardons I do find no great matttr came of them And now since the Meal-Tub Plot and that of Fitz-Harris had no better Effect the Court sets up another to throw the Popish Plot upon the Nonconformists You have heard before how there appeared to be a Popish Plot carried on in Ireland ever since the Year 1665 for establishing the Popish Religion and that several Witnesses were brought out of Ireland to prove it and how that the Lords in Parliament having throughly enquired into it did upon the sixth of January last viz. 1680-81 send this Message to the Commons Resolved by the Lords Spiritual and Temporal in Parliament assembled that they do declare that they are fully satisfied that there now is and for divers Years last past hath been an horrid and treasonable Plot continued and carried on by those of the Popish Religion in Ireland for massacring the English and subverting the Protestant Religion and the antient Government of that Kingdom to which they desire the Concurrence of this House to which the Commons agreed The Evidence by which the Lords discovered this Plot were generally Irish and of the Popish Religion and it 's probable were Partakers of the Design of this Massacre and had not their Pardons or if they had they were poor and had no means to subsist now the Oxford Parliament was dissolved and no Prospect of another especially having now lost their Friends and Dependance for having given their Evidence of the Discovery of the Plot and were in a strange Country In this state the Court imployed a sort of Men partly by Terror and partly by their Necessities to work upon the Irish to pervert their Evidence another way And the Cause being the same it had the same Effect upon others as well as the Irish for the Oxford Parliament being dissolved and all Hopes of Enquiry further into the Popish Plot growing desperate Dugdale Turbervile and Smith not having that I can find gotten their Pardons and having lost their Dependances upon their having given their Evidence and being reduced to the same Necessities the Irish Witnesses were were easily wrought upon to smother the Popish Plot and to swear another upon the principal Inquirers into the Popish nay even my Lord H tho not in the like Circumstances could not procure his Pardon till his Drudgery of Swearing was over The Foundation thus laid now we proceed to shew how the King made good his Declaration for calling frequent Parliaments and in using his utmost Endeavours of extirpating Papacy and it is without any Precedent that ever any King before did truckle to such vile and mean things to invert his Declaration and his manifold repeated Promises to the Parliament The 28th of March the Parliament at Oxford was dissolved and upon the 27th of April following an Indictment of High Treason was preferred against Edward Fitz-Harris to the Grand Jury at Westminster for the Hundred of Oswalst but the Grand Jury having the Vote of the Commons of the 27th of March so fresh in their Memories desired the Opinion of the Court whether they might safely proceed upon it and you need not doubt but the Court gave their Opinion they might So the Grand Jury found the Bill From the time that Fitz-Harris was removed from Newgate to the Tower which was 10 Weeks before this Indictment he was kept so close Prisoner that his Wife nor any others were permitted to come at him whereas the Lords impeached in Parliament had the Liberty of the Tower and for any Man to visit them Yet Fitz-Harris's Wife foreseeing the Design of the Trial of her Husband had gone to Counsel and had a Plea drawn to the Jurisdiction of the Court to which the Attorney-General demurred and Fitz-Harris's Counsel joined in the Demurrer It were Vanity and extream Arrogance in me to judg of the nice Pleadings on both sides concerning the Form and Substance or to give a Reason why the Court over-ruled Fitz-Harris's Plea since the Court did not Yet I say the Reports of Coke Dier Plowden and others would have proved dry Businesses if the Courts of Westminster-Hall had given such Judgments as the King's Bench did in Fitz-Harris's Case And I say also That no Man lives out of Society and Commerce and that in every Country there are Laws for the Preservation of Mens Lives and to protect them in Society and Commerce and that in every Country there is a Power which is loose from these Laws and gives Laws to all the Subjects of those Countries But because all Laws are vain unless they be executed every Country has Judicatories wherein these Laws are executed which differ in different Countries The supreme Power of this Nation resides in a Parliament whereof the King is the Head and the Lords Spiritual and Temporal and the Representatives of the Commons are the Body These Courts of Judicature have their distinct Jurisdictions and are restrained to certain Rules and Methods the highest of these Courts are the Body of the Parliament viz. the Lords Spiritual and Temporal and the Commons which have distinct Jurisdictions but are not bound up in their Judicatories by such strict Rules as other Courts are Other Courts take Cognizance of civil and criminal Cases between particular Men but these Courts of Parliament take Cognizance of the State and Grievances of the Nation where only they find Relief and tho no other Courts take Cognizance of Matters transacted in Parliament yet either of these Courts take Cognizance of all Proceedings in other Courts and not only reverse all illegal Proceedings in them but punish the Judges of all other Courts for any Errors or Abuses committed by them so if any Person or Person shall grow so great as to be dangerous to the Publick tho they be out of the Reach of other Courts yet they are subject to these Courts of Parliament and by these Courts the English Nation have preserved their Liberties and Laws now France and Spain have lost them which before had their Assemblies of the States all one with our Parliaments and in losing them have lost their Liberty and Laws to the Arbitrary Will of their Princes The Jurisdiction of Parliaments hath been in all Ages in England esteemed sacred so that other Courts rarely
presumed to take Cognizance of Cases which were in the Jurisdiction of or depending in Parliament for this was to depose the Parliament and usurp their Jurisdiction nor do we read that ever any other Court assumed this Authority but in the Reigns of Kings affecting Tyranny and Arbitrary Power The first Judges which I think gave their Opinion That the Courts in Westminster Hall might take Cognizance of Causes determinable in Parliament were Tresilian and Belknap in 11 Rich. II. for which they were impeached by the Commons in Parliament of no less than High Treason and for which by Judgment of the Lords in Parliament Tresilian was hanged and Belknap banished Mr. Williams in his Pleadings for Fitz-Harris cites another Case in 20 Rich. II. of a Person who exhibited a Petition in Parliament which suggested something which amounted to High Treason which it may be was determinable by Common Law This Person was after indicted at Common Law found guilty and pardoned but because the Business was depending in Parliament the Prosecution and Judgment were made void in Parliament The next Case I think but of an higher Nature for Tresilian and Belknap only gave their Opinion was that of Sir John Elliot my Lord Hollis c. 5 Car. I. when an Information was exhibited against them in the King's Bench they pleaded to the Jurisdiction of the Court being for Matters transacted in Parliament the Court over-ruled their Plea and gave Judgment against them and Reasons such as they were for their Judgment but in the 19 Car. I. upon a solemn Debate in the Commons House and upon their Reasons given at a Conference with the Lords the Judgment of the King's Bench Reasons and all were reversed by a Writ of Error in the Lords House and after the Judges who gave the Judgment were impeach'd of High-Treason by the Commons for endeavouring to subvert the fundamental Laws and Constitutions of the Kingdom This Case of Fitz-Harris I take to be the fourth of this kind yet shall open a Gap for a fifth but that this Case may be better understood it will be necessary to distinguish between an Indictment or Information and an Indictment by the Commons in Parliament An Indictment or Information is at the Suit of the King and the Judges and Jury are tied up to some single Issue as in this Case of Fitz-Harris the Trial was whether he was guilty or not of the Treason whereof he was indicted But an Impeachment of the Commons is at their Suit and of all the Commons of England nor are they tied up to one single Issue but impeach for Treason and other Crimes and Misdemeanours in the same Impeachment they assume to themselves That all the Commons in England have a Right in the King and all the Laws and Constitutions of the Nation and therefore can impeach where none of the Courts of Westminster-hall can take any Cognizance at the Suit of the King either by Indictment or Information After Fitz-Harris was committed to Newgate he was examined by the Earls of Essex and Shaftsbury Sir Robert Clayton and Sheriff Cornish who found in him a Disposition to discover the bottom of the Popish Plot and also to make a further Discovery of the Murder of Sir Edmundbury Godfrey but the next Day Fitz-Harris was carried to the Tower and kept close Prisoner and out of their Power to whom Fitz-Harris promised to make a Discovery The Commons conceiving themselves and all the Commons of England concerned in this Plot wherein the French Ambassador his Confessor my Lord H the Dutchess of Portsmouth and her Woman Wall and even the King himself for Fitz-Harris had several times acquainted the King with it and the King gave him Money and countenanced it were Agents impeached Fitz-Harris thereby to enquire into the Bottom of this Business which no Court in Westminster-Hall could do and this I take to be the Reason of the Commons Vote of the 27th of March 1681 That if any inferiour Courts shall proceed upon Fitz-Harris and he be found Guilty the House will declare them guilty of Murder and Betrayers of the Rights of the Commons of England And so it fell out that Fitz-Harris being indicted upon the single Issue of contriving and publishing the Libel was convicted and executed upon it tho he desired to proceed upon the Discovery of this Plot to the Earls of Essex Shaftsbury and to Sir Robert Clayton and to make an End of his Evidence against my Lord H which was denied So that whether Fitz-Harris was murder'd in his Person or not it 's no Question but his Evidence for further Discovery of this and the Popish Plot was murder'd by this Trial. I will make these Remarks more upon this Trial that in the Case of Tresilian and Belknap the Nation was in no other Danger than the Courts of Westminster-Hall's invading the Jurisdiction of Parliament and the Case of my Lord Hollis Sir John Elliot Mr. Selden c. was only for Misdemeanour whereas the King's Person and the Safety of the Nation were concerned in the Discovery which Fitz-Harris might have made see Mr. Hawles's fine Remarks upon the Practices and Illegalities of the Judgment of the Court not warranted by the Common or any Statute Law and that the Consequences of this Trial were manifoldly more mischievous to the Nation than if Fitz-Harris's Design had taken Effect The Fright of Fitz-Harris's Discovery of this new Popish Plot being seemingly allayed by his Death Revenge with winged Haste pursues the Discoverers of the old It was in Trinity-Term that Fitz-Harris was tried and executed and after this Term an Indictment of High Treason was exhibited to the Grand Jury of London against Stephen Colledge a mean Fellow but a great Talker against the Popish Plot who was more known by the Name of Protestant Joiner than Stephen Colledge The Fore-man was one Wilmer This Indictment would not down but the Grand Jury returned an Ignoramus upon it for which Wilmer was forced to fly his Country The Design not succeeding in London the Scene against Colledge is laid at Oxford the Judges were Chief Justice North Justice Jones Justice Raimond and Justice Levins To make sure of a Bill to be found there against Colledge the King's Counsel had prepared Witnesses at the Assizes to post thither and there to make sure Work the King's Counsel are privately shut up with the Jury till they had found the Bill which Mr. Hawles says was a most unjustifiable and unsufferable Practice Whilst these things were contriving Colledge had the Honour as well as Fitz-Harris to be committed and continued a close Prisoner in the Tower yet the Lords impeached in Parliament had the Liberty of it and free Access was permitted to them it 's true indeed Colledge was permitted to have a Solicitor and Counsel which was Mr. West I think a Plotter or Setter in the Rye-Plot as dark as Fitz-Harris's and as like it as two Apples are one to the other But this was
Speech against the Commons concerning Tunnage and Poundage with Remarks on it 219 224. Makes a Papist Lord Treasurer 226. Commands the Speaker to put no Question concerning Grievances 229. Imprisons several Members of Parliament 232 233. who are denied Bail 234 235. Displeas'd with the Judges Determination thereon 235. His threatning Declaration at dissolving the Parliament 236 237. Makes Peace with France to the ruin of the Reformed 237. Sends 6000 Men to assist the Swede 238. His great Fickleness 239 271 279 298 311 330. Disturbs the Dutch fishing Trade 259. His Instructions concerning the Scots solemn Covenant 264. Summons a General Assembly and Parliament in Scotland ib. Sends a Fleet and Army against the Scots 265. Boasts of his Prerogatives in calling Parliaments which is descanted on 268 270. Marches against the Scots is petition'd for a free Parliament treats with them 272. Is forsaken by his Friends 274 275. Begins his Reformation too late 275 286. Establishes Presbytery in Scotland 277. Long before he declar'd the Irish Rebels 277 278. Demands five Members of the Commons 278 290. Is advis'd to stay at London but would not 278. Is refus'd Entrance at Hull sets up his Standard at Nottingham join'd by the Nobility 279. Is worsted at Brentford 297. Summons his mungrel Parliament at Oxford makes Cessation of Arms with the Irish withdraws his Forces from Ireland 300 343. His ill Success 306 308 313 315. His Counsels with the Queen discover'd 312. Deals privately with the Irish 312 314. His Commission to Glamorgan 314. Submits to the Scots 316. who sell him Is confin'd 317. Is seiz'd by the Army 318. His Letters to the Queen threatning Cromwel by whom he 's remov'd to the Isle of Wight 323. Treats with the Parliament 324. Remarks on his sad State 316 317 325 327 333 334. His Death and Character 334 337. A Story of him concerning Buckingham's Funeral 337. Charles II. takes the Covenant and is proclaim'd in Scotland 344 345. Flies into England is routed at Worcester 346. Assists at the Pyrenean Treaty and is slighted by the French 422. Sends Letters from Breda 425. Is restor'd without Terms with an extravagant Joy rejects Cromwel's Treaty of Commerce with the French 426. whom he imitates in his Guards 427. Delivers them up Dunkirk and assists 'em against the Spaniard 429. His Luxury Debauchery c. 430. Calls a Parliament ib. Restores Episcopacy in Scotland 445. Grants a Toleration 447. Afterwards takes it off 448. Makes War on the Dutch 452. His Speech to the Commons on that occasion 452 453. His vast Revenues 453. compar'd with Q. Elizabeth's 454 455. His slight Preparations for the War 455 456. Is careless and prodigal therein 456 467 468. His ill Success in the second Fight 459 460. Makes a dishonourable Peace with them 469 495 497. Enters into a League with the Dutch and Swede 472. but breaks it off by means of his Sister who soon after dies 474. His deep Perfidiousness and Dissimulation 475. Is a Pensioner to France 477 522 523 548 561. Shuts up the Exchequer 478. Makes War again on the Dutch without Cause 478 479. Suffer'd Marsilly whom he employ'd in Switzerland to be murder'd at Paris 479. Raises an Army under Schomberg and Fitz-gerald 487. Sends 3 Lords to the French on a dark Design 488. His Demands at the Treaty at Cologn 492. Assists the French with vast Stores 498. Mediates a Peace betwixt France and the Confederates 498. Breaks his Promise to Sir W. Temple 499 503. His unprecedented Prorogation of Parliament 504. Insisted on by the Lords to be a Dissolution 505. His Rage at the Commons for their Advice descanted on 506. Adjourns them without their Consent 506. Endeavours a separate Peace betwixt France and the States 507 515. His Answer to the Pr. of Orange concerning it 511. and to Sir W. Temple 512. Treats with them 516 517. Sends Lord Duras into France 518 519. Treats about a War with France 524 525. Is govern'd by French Counsels sends Du Cross to supplant Sir W. Temple 526 527. Calls his second Parliament which met in 40 days pretends Zeal in discovering the Popish Plot 537. Chuses a new Privy-Council and promises to be ruled by his Parliament c. 538. His great Hypocrisy and Deceit 539 548 559. Declares himself a Whore-master 544 545. His dissembling Speech to the Parliament after many Prorogations with Remarks on it 547 552. Summons a Parliament at Oxford 559. Is concern'd in Fitz-Harris's Plot 564. His Declaration at dissolving the Oxford Parliament descanted on 566 568. His Death and Character 604 606. His obscure Burial and good Deeds 606 608. Died a Papist 610. Charter of London ravish'd by the Court 600 601 614. and those of other Corporations taken and surrendred 603 615 633. Children more in England than employ'd 27. Clergy when too numerous the Cause of Factions 240 241 449. Cromwel's Son-in-law imprison'd for a pretended Plot 532. Clifford foretels another Dutch War 473 Made Lord Treasurer 478. But being a Papist is forc'd to resign 491. Cobbet Colonel taken Prisoner 412. Cockain's Project for dressing Cloths monopoliz'd and the Consequences of it 65. Coke Sir Edw. grants a Warrant for seizing Somerset 78. Remov'd from being Chief Justice and why 79 82. Is prosecuted 103. Imprison'd without Cause assign'd and sued by the King who is cast 105. Not admitted into his Presence 164. Is made Sheriff and why 180. Moves for the Petition of Right c. 207 209. Is against trusting to the King 's Verbal Declaration 211 212. His sharp Speech against Buckingham 215 216. His Papers seiz'd at his Death 253. His Books made use of by the King's Party tho printed by the Parliament 279. Coleman holds Correspondence with the Jesuits 500. His Papers c. convey'd away 532. Colledge Stephen clear'd by the Grand Jury of London but basely murder'd at Oxford under a Colour of Justice 591 595. Cologn Treaty there propos'd by the Swede 492. Commission of Ecclesiastical Affairs by K. James 633 637. Committee of Safety 410. Agree with Monk 412. Are threatned by Lawson 414. Commons insist on deciding Elections 52. Alarm'd at the Growth of Popery c. 97 98 493 531. Present Remonstrances to the King 98 100 217. Their stinging Petition against Papists 134 138. Zealous against them 166 168 169. Grant the greatest Tax ever given before 206. Fall upon Grievances 207 216 231 266. Their Declaration against Tunnage and Poundage 218 219. Protest against paying Money not granted by Parliament 229. Their Vow concerning Religion 231. Zealous against Delinquents 274. Their Remonstrance of all the King's Miscarriages 278 289. Inflam'd at his demanding the 5 Members 278 291. whom they vindicate 291. Pass the Self-denying Ordinance 310. Deliver up the Militia of London to the Army which is petition'd against 320. Treat with the King at the Isle of Wight 327. Refuse to grant Supplies before the Nation is secur'd 493 531. Their Votes against the King's evil Counsellors c. 494.