Forfeitures by Papists would be insignificant viz. remitted this intended Act did ordain that such Fines and Forfeitures one half should be to the Informers the other to charitable Uses But this Act being so contrary to the Duke's Design the Committee of Religion was discharged from meeting again and another short Act was brought into Parliament ratifying all former Acts for securing the Protestant Religion so that in this first Act the Duke pursued not his Instructions but went contrary to them and to the Custom of Scotland At the passing this Act the Earl of Argyle proposed that all Acts against Popery might be added which was opposed by the King's Advocate and some of the Clergy yet seconded by Sir George Lockhart and the President of the Sessions it passed without a Vote but such was the Jealousy of the Parliament that this did not secure the established Religion that several of the Members desired other Additions and Acts which the Duke in open Parliament promised when Time and Opportunity offered should pass but when at any time this was proposed the Test was obtruded If the Parliament were so zealous to secure the established Religion the Duke was not less to secure the Succession of the Crown of Scotland shrewdly struck at in England in the very Person of the Duke and to that end a Bill was brought in and passed wherein it was declared High Treason to affirm that the Succession of the Crown of Scotland can be altered from the next of Proximity of Blood but how agreeable this was to the Title of the Bruces and Stuarts who had no Title to the Succession of the Crown of Scotland but by Act of Parliament has already been shewed and how disagreeable this Act was to the Duke's Grandfather's Succession to the Crown of Scotland without any Act of Parliament let any Man judg This Act was not only thus contrary to the Laws and Usages of Scotland but the Act is equivocal if not contradictory to the Duke's Design for there is a difference between the next Heir and the next in Proximity of Blood as if a Man had several Sons and the eldest has a Son or Daughter his Father living and after his Father dies his eldest Son's Son is Heir and his other Sons and Daughters are next in Proximity of Blood the Heir being a degree in Blood further removed from the common Ancestor than his Uncles or Aunts and this was the case of Richard II. of England Son of the Black Prince Edward the Third's Eldest Son who succeeded to the Crown of England though his Uncles the Dukes of Clarence Lancaster York and Cambridg were nearer of Blood to Edward the Third This Act for the Succession of the Crown of Scotland was succeeded by another called the Test as contradictory to it self as contrary to the Act of Succession to be taken by all Persons in publick Trust in Scotland wherein they solemnly Swear in the Presence of the Eternal God whom they invoke as Judg and Witness of their sincere Intention of this their Oath That they own and profess the true Protestant Religion contained in the Confession of Faith recorded in the first Parliament of King James the Sixth and believe the same to be founded on and agreeable to the Written Word of God That they will adhere thereto and endeavour to educate their Children therein and never consent to any Change or Alteration contrary thereto and renounce all Popish and Fanatical Doctrines inconsistent with the said Protestant Religion and Confession of Faith And by this their solemn Oath they Swear That King Charles the Second is the only Supream Governour of this Realm over all Persons and in all Causes as well Ecclesiastical as Civil and renounce all Foreign Jurisdiction of the Pope or any other Person and promise to bear true Faith and Allegiance to the King his Heirs and Lawful Successors and to their Power to defend all their Rights and Prerogatives And by this their solemn Oath they Swear They judg it unlawful for Subjects upon pretence of Reformation or any Pretence whatsoever to enter into any Covenants or Leagues or to convene c. in any Council to treat of any Matter of State Ecclesiastical or Civil without his Majesty's special Command or express Licence or to take up Arms against the King or those commissionated by him That they will never rise in Arms or enter into such Covenants or Assemblies That there lies no Obligation upon them by the National Covenant or the solemn League or Covenant or any other way to endeavour any Change or Alteration of the Government either of Church or State as by Law established and promise and swear to the utmost of their Power to maintain the King's Jurisdiction against all deadly and as they shall answer it before God and that they took this Oath in the true and genuine Sense and Meaning of the Words without any Equivocation Mental Reservation or Evasion and never to accept of any Dispensation from any Creature So God help them By these two Acts you may observe the Scotish Temper whether it were natural or in contradiction to the Kirk-Party I will not say nor how much higher it flew than the Tory in England but because of the extraordinariness of these two Acts it 's fit to make some Reflections upon them Such another Law as that of the Succession was made the twenty first of Richard the Second in the Case of Roger Mortimer which lasted not longer than the next Year after when the Law was not only repealed but Henry the Fourth succeeded contrary to it whereas this Law continued for above eight Years after when it not only lost its Force but another Face appeared in Scotland and so continues in spight of this Law Now from this treasonable Law let us make some Remarks upon this ranting swearing Law called the Test We have said elsewhere that all Oaths are assertory of the Truth of Things Speech and Actions in time past or promissory to do or forbear to do some Act in time to come and now let 's consider what is Truth and the End of an assertory Oath Truth is proper to intellectual and reasonable Creatures and is either the apprehension of intelligible Beings as God a Law the Soul Time c. which can never be the Objects of Sense and of the Causes and Consequences of Intentions Speech and Action for Sense is not of Futurity but of present Things and Actions the Consequence or Inference will be whether good or bad just or unjust c. However all intelligible Beings and the Causes of Things and Actions are ever assumed not sworn to and if another does not nor will assent to them swearing to the Truth of them will be to no purpose So it is of the Consequence of Speech and Actions if another be not convinced from the Reason of such Consequence or Inference swearing it to be so will never do it But though sensible Things Speech and Actions
a long and particular Remonstrance which you may read at large in Mr. Rushworth's Collections fol. 40 41 42. setting forth the dangerous State of the Nation and of Christendom by the Alliances of the Pope and Popish Princes especially the King of Spain chief of the League and what dismal Consequences would follow by the Marriage of the Prince with the Infanta c. yet resolve to grant the King another Subsidy for carrying on the War for the Recovery of the Palatinate but withal humbly desired his Majesty to pass such Bills as shall be prepared for his Honour and the general Good of his People accompanied with a general Pardon as is usual concluding with their daily Prayers to the Almighty the great King of Kings for a Blessing upon their Endeavours and for his Majesty's long and happy Reign over them and for his Childrens Children after him for many and many Generations The Noise of this Remonstrance so disturbed the King in his Pleasures at New-market which all his Cares for the Preservation of his Son-in-law's Patrimony could not do that upon the 3d of December he wrote to Sir Thomas Richardson Speaker of the House of Commons this Letter which because of the Rarity of it by any King of England to his Parliament before we will give verbatim Mr. Speaker WE have heard by divers Reports to Our great Grief that Our distance from the Houses of Parliament caused by our Indisposition of Health hath imboldned the fiery and popular Spirits of some of the Commons to argue and debate publickly of Matters far above their Reach and Capacity tending to Our high Dishonour and breach of Prerogative Royal. These are therefore to command you to make known in Our Name unto the House that none therein from henceforth do meddle with any thing concerning Our Government and deep Matters of State and namely not to deal with Our dear Son's Match with the Daughter of Spain nor to touch the Honour of that King or any other of Our Friends and Confederates and also not to meddle with any Man's Particulars which have their due Motion in any of Our ordinary Courts of Justice And whereas We hear they have sent a Message to Sir Edwin Sandys to know the Reasons of his late Restraint you shall in Our Name resolve them that it is not for any Misdemeanor of his in Parliament but to put them out of doubt of any Question of that nature that may arise among them hereafter you shall resolve them in our Name that We think our self very free and able to punish any Man's Misdemeanors in Parliament as well during their Sitting as after which We mean not to spare hereafter upon any Occasion of any Man 's insolent Behaviour there that shall be ministred unto Vs And if they have already touched any of these Points which We have forbidden in any Petition of their which is to be sent to Vs it is Our Pleasure that you tell them That except they reform it before it comes to our Hands We will not deign the Hearing nor Answering of it The Commons having a publick Trust reposed in them and truly apprehensive of the dangerous State of the Protestants in Christendom as well as of the Kingdom and that not only the King's remisness in taking care of both but the Designs he prosecuted were equally dangerous to both in a most humble and supplicant Remonstrance represent to the King his recommendation of the Affairs of the Palatinate to them and the dangerous State of Christendom in discourse whereof they did not assume to themselves any Power to determine of any part thereof nor intend to encroach or intrude upon the Sacred Bounds of his Royal Authority to whom and to whom only they do acknowledg it does belong to resolve of Peace and War and of the Marriage of the most noble Prince his Son but as his most loyal and humble Subjects do represent these things to his Majesty which otherwise could not so clearly come to his Knowledg c. They beseech his Majesty that they may not undeservedly suffer by the Misinformation of partial and uncertain Reports which are ever unfaithful Intelligencers and not give Credit to private Reports against all or any of their Members whom the House hath not censured until his Majesty hath been truly informed from themselves that they may stand upright in his Majesty's Grace and good Opinion than which no worldly Consideration can be dearer to them c. Which you may read at large in Mr. Rushworth's Collections Fol. 44 45 46. The King having cast the Sheet-Anchor of all his Hopes upon the Spanish Match whereby he should not only re-establish his Son-in-law in the Palatinate and get more Money than he could hope for in Parliament furled all his Sails and resolved to ride out this Storm of the Commons notwithstanding his Pleasures and Indisposition of Health in a long Invective against them in a Scotisâ— Dialect which you may read at large in Rushworth's Collections the Heads whereof were 1. That he must repeat the Words of Queen Elizabeth to aâ— insolent Proposition made by a Polonian Ambassador Legatuâ— expectabamus Heraldum accepimus that he had great Reason to have expected better from them for the 37 Monopolies and Patents called in by him since the last Recess and for the three whereof Mompesson and Michel were censured but of these he heard no news but on the contrary Complaints of Religion tacitely implying his ill Government 2. That the taxing him with trusting to uncertain Reports and partial Informations concerning their Proceedings was needless being an old and experienced King and in his Conscience the freest of any King alive from hearing or trusting to idle Reports That in the Body of their Petition they usurp upon his Prerogative Royal and meddle with things far above their Reach and then protest to the contrary as if a Robber should take away Man 's Purse and then protest he meant not to rob him 3. That his Recommendation of the War for regaining the Palatinate was no other than if it could not be recovered otherwise which can be no Inference that he must denounce War against the King of Spain break his dearest Son's Match and match him to one of our Religion which is all one as if we should tell Merchant we had great need to borrow Money of him for raising an Army and that thereupon it should follow that we were bound to follow his Advice in the Direction of the War That this Plenâ—potency of theirs invests them with all Power upon Earth lacking nothing but the Pope's to have the Keys both of Heaven and Purgatory That it was like the Puritans in Scotland to bring all Causes within their Jurisdiction or like Bellarmine's distinction of the Pope's Power over Kings in ordine ad Spiritualia whereby he gives them all temporal Jurisdiction over them 4. That he expected the Commons would have given him Thanks for the long maintaining a setled
Protestation wherein they Promise Vow and Protest in the Presence of God to maintain the true Protestant Religion expressed in the Doctrine of the Church of England and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Power and Privilege of Parliament and Liberties of the Subjects and to preserve the Union and Peace between the Kingdoms of England Scotland and Ireland but herein was the Difference between the Scots and English the Scots would improve their Covenant and establish it in England but the English scarce ever after care for their Protestation However the Commons prevail with the Lords to take it and then impose it upon the Nation upon the Penalty of being deemed Malignants and Disaffected The King little pleased with what he had done and less with what the Houses had done without him follows the Scots into Scotland and there cajoles the Covenanters with all Courtship imaginable makes Lesley the Scots General Earl of Leven and confers other Honours upon the Covenanters calls a Parliament and consents to the Extirpation of the Hierarchy and establishes Presbytery as fully as the Kirk of Scotland could desire The Scots at present promise all Duty and Obedience to him but how well the King found it in a short time will appear Whilst the King was thus busied in Scotland a horrible and hellish Massacre was perpetrated in Ireland by the Irish upon the English wherein it 's computed above 200000 Protestants Men Women and Children were butcher'd after which followed an universal Rebellion excepting in Dublin Londonderry and Inniskillen which was headed by the Pope's Nuncio a most proper Head for such a Body Yet so intent were the Factions in England and Scotland in establishing their Designs that little care was had of the miserable Relicks of the Protestants in Ireland It appears evident to me that Richlieu's Scarlet was deep dy'd in the Blood of the poor English in this Massacre for these Reasons 1. That the Scots who at this time were Pensioners to France were not medled with in their Lives and Fortunes as you may see in Sir Richard Baker f. 315. a b. 2. The King being in Scotland when he heard of the Massacre of the English and Rebellion of the Irish he moved the Parliament of Scotland then sitting for a speedy Relief to the English which they refus'd And it 's strangely observable That tho the Massacre and Rebellion in Ireland brake out the 23d of October yet the King did not proclaim them Rebels till the first of January and then by Proclamation gave a strict Command that no more than forty of them should be printed and that none of them should be published till his Majesty's Pleasure was further signified Upon the King's going into Scotland the Parliament prorogued themselves to a certain Day But the Commons appointed a Committee to prepare Business against their next Meeting yet send Spies to observe all the King's Actions and after the King 's Return to London which was upon the 25th of November 1641 the House of Commons upon the 5th of December make a Remonstrance of all the King's Miscarriages abroad and of the Grievances and Illegalities of his Ministers at home from the beginning of his Reign and that the King might be sure to see it as well as hear of it they print and publish it The King not being used to such Language was stung to the quick by the Commons Declaration and to retaliate it in Act upon the third of January enters the House of Commons and demands five of their Members to be tried for High Treason for holding Correspondence with the Scots Than which he could not have done a more imprudent Act for by it he unravelled all that he had done in Scotland by involving the Scots in the same Crime But the Members had their Agents in the King 's most secret Councils and had notice of the King 's coming before and so the five Members were withdrawn This Act of the King did not only set the House in a Flame and put the City into Tumults but brought Petitions from Buckingham-shire where Mr. Hambden one of the Five Members was Knight that the Privileges of Parliament might be secured and Delinquents brought to condign Punishment All this while poor Ireland lay bleeding The King as unstable in his Resolutions as inconsiderate in his Actions retracts all he had done and promises not to do so again But to no purpose for the Members resolve not to trust his Royal Word Prerogative and absolute Will and Pleasure and therefore will tear the Power of the Militia from him Rather than suffer this tho upon the Pretence of Tumults the King resolves to leave London But before the King left London my Lord Mayor Sir Richard Gurney Sir George Whitmore Sir Henry Garoway and other principal Citizens waited upon the King and engaged if he would stay they would guard him with 10000 Men if occasion were and told him If he went he would leave the City open for the Members to do as they pleased and that they were sure to be first undone the King told them he was resolved Then Sir Henry Garoway said Sir I shall never see you again However his Eldest Son Mr. William Garoway a worthy Gentleman who yet lives went with the King and followed him in all his Wars The worthy Citizens proved true Prophets for soon after the King left London the Members imprisoned my Lord Mayor Sir Henry Garoway Sir George Whitmore and all others whom they suspected would be faithful to the King and then in London began to assume the Power of the Militia After the King left London he went to York and from thence went towards Hull but is shut out of the Town by Sir John Hotham whom the King proclaims Traitor and now before it came to Sword and Pistol Men began a War with their Pens And herein it is observable that the Writers for the King chiefly maintained his Cause out of Sir Coke's Pleas of the Crown which by Order of the King's Council was upon Sir Edward's Death-Bed seized as dangerous and seditious and I do not find any who wrote for the Parliament ever used any one Topick out of it to justify their Cause tho it and Sir Edward's other Books of the Comment upon Magna Charta and Jurisdiction of Courts were printed by Order of the House of Commons and by them petitioned that the King would deliver the Originals to Sir Robert Coke Sir Edward's Heir Whilst things were in this Hurly-burly in England Portugal and Catalonia revolt from the Spaniard which as it was a mighty Blow to Spain so it much conduced to the Advancing the Designs of Cardinal Richlieu in France In England things could not hold long at this Stay but upon the 22d of August the King comes to Nottingham and hastily sets up his Standard there and invites all his loving Subjects to come to his Assistance against the Rebels
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
Contentions not only in civil but religious Affairs Having given an Account of the Reasons of the Ruine of the Roman Western Empire and how like our Case is to that of the Empire in its Declension It 's time to take a view of the State of the Goths and Vandals after they had planted themselves in Spain and herein I observe that though the Romans as well as Grecians esteem all other Nations barbarous but themselves yet the Government of them was equal if not better than either for it was a Regular Monarchy wherein the King did not govern by an absolute despotick Power but by established Laws nor could they make new nor alter the old or raise Money without the Consent of the States of their Kingdoms and this continued for many Hundred Years after how many of the Kingdoms in Spain lost these Privileges is too long to be inserted here yet at this Day the Kingdom of Arragon retains them So that the King of Spain never speaks to them as King of Castile In the Reign of Honorius and Arcadius Ann. 408. about five Years before Gundericus entred Spain Attila King of the Huns over-run the Empire and pierced into Gaul with a huge Army against whom Honorius sent Ecius the greatest General of his time with an Imperial Army which was raised in all parts of the Empire so as Ecius was forced to withdraw the Roman Legions in Britain to oppose Attila nor did they ever return more so that the poor Britains being enured to no warlike Discipline but only to serve their imperious Masters easily became a Prey to the Picts and Scots and so were in a more servile State than when they were under the Romans To redeem themselves from which they called the English Saxons to their Assistance who used them worst of all and expelled the whole Race of them out of that part of Britain now called England But this is observable That as in these Times the rest of the Roman Empire was over-spread with Arianism so was that part of Britain subject to the Roman Empire over-spread with Pelagianism and here observe the Justice of God upon them that these Men who ascribed to themselves a Power of Salvation without God's special Grace and Favour to them should not be able to save themselves from their Enemies but be either slaughtered by them or expelled their Native Country upon the Earth The Saxons which conquered the Britains were Heathen yet was their Government as well as that of the Goths a Regular Monarchy and so continued in all the Dynasties of their Kings and yet is continued notwithstanding the several Attempts of many of the Kings of the Norman and the Scotish Race to the contrary About ten Years after Ecius recalled the Roman Legions out of Britain viz. in 418. Pharamond entred Gaul and conquered some part of it which he called France after the Name of the Franks and Pharamond was Heathen and so was Meroveus his Successor and Childerick his Son and so continued till about the Year 490 when Clovis was converted to Christianity of whom Messeray glories that he was the only King in the World which was not Infidel or Heretick However the Government of the Franks as well as the Goths and Saxons was a Regular Monarchy till the Reign of Charles the 7th about the Year 1430. which was above a thousand Years after the Franks planted themselves in Gaul If we look back into the Reign of Henry the 2d of England we shall find him it may be the greatest of all the Western Kings and Lord if not of the greatest yet best part of France as he was Duke of Normandy and Aquitain in Right of his Wife Eleanor Aquitain having the Ocean on the West and Normandy the British Sea on the North. But this Dominion did not last long for King Henry's Son and John's Son Henry the 3d endeavouring to usurp a more than Legal Authority over their Subjects caused such a Ferment and Discord in the Kingdom and this lasted near 70 Years that the Kings of France in the mean time took all Normandy and the greatest part of Aquitain from the English When King James became King of England Henry the 4th was French King having composed by Force and Clemency the Civil Wars which had raged near 40 Years all over France and in the Year 1597 made Peace with Spain which was about 5 Years before King James became King of England and here let 's take a view of Spain Though Spain were 1 3 greater than France when King James came to the Crown of England yet France was I believe fivefold better peopled and generally a more fruitful Country How this came to pass it's fit to look back upon the Cause of the Sterility of Men in Spain and their abounding in France Ferdinand and Isabella King and Queen of Castile and Arragon about the Year 1490 having conquered the Kingdoms of Granada and Murcia and against their Faith given to the Moors brought in the Inquisition upon them the greatest part of the Moors forsook their Country and thereby left the Kingdoms of Granada and Murcia so much less peopled and Ferdinand and Isabella being addicted to the Roman Religion established manifold Bishopricks and Religious Houses in these Kingdoms of both Sexes and the Pope though he pleases to make Marriage a Sacrament yet forbids it to the Clergy and other of both Sexes who take upon them a Religious Life whereby as the Moors leaving Spain unpeopled it at present so future Generations became so much less replenished by how much more People took upon them a Religious Habit. But this Mischief did not stop here for Philip the 2d great Grand-Son of Ferdinand and Isabella and a most bigotted Prince to the Romish Superstition brought the Inquisition upon the Converted Moors which drove them out of Spain to the farther unpeopling of it and my Lord Bacon says that many of these poor converted Moors became as persecuted in their Exile for their Religion as if they had continued in Spain And this Mischief further followed not only to Spain but to Christendom for the exiled Moors having no other Habitation and Means of Living set up their Trade of Piracy in Algiers Tunis and Tripoli within the Straits and in Sally without whereby they have been a Plague to all other Christians as well as Spaniards who trade into the Straits and Affrick and other Southern Countries ever since About the time that Ferdinand and Isabel conquered Spain Columbus discovered the West-Indies and Hornando Cortez siding with one part of the Indians which were at War against the other and thereby becoming Conqueror of those he fought against he got incredible Wealth with a Discovery of the Rich Mines in Mexico The Blaze of this quickly flew all over Spain so that the Spaniards expected Mountains of Gold in running out of Spain into America and therefore near half Spain ran into America to seek new Adventures there the covetous
the Royal Line of the Plantagenets were left to be Competitors with him yet his Succession could not be Hereditary for his Grand-mother under whom his Father claim'd out-lived her Son and so Henry the Eighth could not claim from her Yet this is observable That as his Father Henry the Seventh entailed the Succession of the Crown of England upon the Heirs of his Body so by Act of Parliament 28 Hen. 8. Henry the Eighth might dispose of the Succession of the Crown by his Will for want of Issue of his Body so little was the inheritable Succession of the Crown of England regarded by these Kings of the British Race It seems the Council in Edward the Sixth's Reign had as little an Opinion of the Hereditary Succession of the Crown as the Parliament had in the Reign of Henry the Eighth for by the Advice of Edward's Council he by his Will disposed of the Succession to his Cousen the Lady Jane Gray Grand-daughter to Edward's Aunt Mary Queen of France contrary to the Will of his Father Henry the Eighth which ordained his Daughter Mary to succeed Edward in case he died without Issue I say that by the Law of Inheritance in England Queen Mary could not inherit the Crown from Edward she being but of half-Blood to him and by the same Reason Queen Elizabeth could not inherit to Queen Mary but Mary the Daughter of James the fifth of Scotland being of the whole Blood to Edward and descended from the elder Daughter of Henry the Seventh could For the Opinion of the Judges after King James came in that the Succession of the Crown of England differs from that of the Inheritance of Subjects in regard of an Alien born and those of half Blood may inherit the Crown it 's Gratis dictum and said to please the King for there never was any such usage in England nor any such Act of Parliament to warrant their Opinion But admit the Crown of England were inheritable from Henry the Seventh and Half-Blood no Bar to the Succession yet Mary and Elizabeth could not both succeed for one of them was Illegitimate Elizabeth being born in the Life of Katherine Queen Mary's Mother If the Parliament in the Reign of Henry the 8th had little or no Opinion of the Inheritable Succession of the Crown of England and therefore impowered the King to dispose of it by Will The Parliament in the Reign of Queen Elizabeth had less and therefore often petitioned her and that with Importunity to declare her Successor without Consent in Parliament and declared it 13 Eliz. Cap. 1. to be High Treason to affirm that the Crown of England might not be disposed of by Act of Parliament in her Life and a Premunire after her Death Here I make these Remarks upon the Race of the Plantagenets and the Succession of the British Line that as the Plantagenets inherited the Name from Jeffery Duke of Anjou who was never King of England so Henry the 7th if he had any Title derived it from John of Gaunt by an Illegitimate Succession who never was King of England From England we step into Scotland and see how the Hereditary Succession was observed there after the Reign of Alexander the 3d in whom the direct Line of the Race of their Kings failed which was so near as I can compute about the Year 1278 and leave the Succession of their 93 Kings before to the Scrutiny of the Scotish Antiquaries and Heraulds The Scots if they be not clearer in the Genealogy of their 93 Kings before Alexander the 3d than my Author is of retrieving it after the Death of Margaret Daughter of Alexander the 3d do make but a blind Genealogy of their 93 Kings before however we 'll take it as we find it David Brother of William King of Scotland but whether William was Father Brother or Uncle to Alexander the 2d my Author says not and Earl of Huntingdon had Issue by Maud Daughter to the Earl of Chester three Daughters Margaret married to Allen of Galloway the second not named was married to Robert Bruce the third to Henry Hastings Earl of Huntingdon Allen of Galloway had a Grand-daughter named Dornagil married to John Baliol. Bruce was Great Grand-child to the second Daughter of David Earl of Huntingdon but being a Male pretended he was to be King before Dornagil a Female though a Degree nearer and descended from the elder Sister Henry Earl of Huntingdon made no claim So the Right between Baliol and Bruce was referred to the Determination of Edward the first King of England who adjudged the Right to be in Baliol and soon after Baliol by Dornagil had a Son named Edward so that Bruce's Pretension of Title as being Son vanished by the Birth of Edward Baliol being descended from the eldest Sister But The Scots or a prevailing Party not liking Baliol's Reign in the Year 1306 crowned Robert Bruce King In the Year 1310 Bruce by Acts of Parliament had the Crown of Scotland entailed upon him and his Heir-male and for want of Issue to his Brother Edward This Robert had Issue a Son named David and a Daughter married to Robert Stuart and by Act of Parliament settled the Crown upon his Son David and for want of Issue by him to Robert Stuart his Grand-child by his Daughter So here is the Succession of the Crown of Scotland twice differently settled by Parliament to the disinheriting of Edward Baliol. But in the Year 1332 Edward Baliol the right Heir was received and crowned King of Scotland After that David Bruce recovered the Kingdom of Scotland and afterwards was taken Prisoner by the Queen of England in the Absence of her Husband Edward the 3d in France and being released he died Ann. 1370. Robert Stuart Grand-son of Robert Bruce by his Daughter succeeded David who married Euphemia Daughter of the Earl of Ross but before he was King had Issue by Elizabeth Moor his Concubine two Sons John and Robert and by the Queen he had Issue Walter Earl of Athol and David Earl of Strathern yet by Act of Parliament the King disinherited his Legitimate Issue and settled the Crown upon his Issue by Elizabeth Moor from which Issue all the Kings of Scotland have since descended This was the most unaccountable Accident if we consider the Cause and Consequence I think that is recorded in any History That a King and Parliament by the Importunity of a Slut should disinherit his Legitimate Offspring from the Succession to the Crown of Scotland to advance her spurious Issue It 's true for some Reasons of State the right Heir is set aside as Edward Son of Ethelred after the Confessor being young and not a fit Match to oppose the Danes Edmund Ironside tho Illegitimate for his Strength and Courage was said to be chosen King as most likely to withstand the Danish Invasions so Edward the Confessor observing the heavy and slow Nature of Edgar the Grandson of Edmund Ironside not to be a fit
ordered it that before the King should come at it he should pass through a Room wherein he had placed four Tables and upon each Table lay 5000 l. in Silver when the King came into the Passage he started and was amazed at the sight having never before seen such a Sum he asked the Treasurer the meaning of it who told the King It was the Boon he had given Sir Robert Carr Swounds Man the Oath he usually swore but five thousand should serve his turn and so for that time the Treasurer saved the King the other fifteen thousand Pounds To support these Favourites and other of the King's Country-men of less Note was all the King's Care notwithstanding his Foreign Affairs or his Proclamation at his first coming to London against Monopolies or his Speech at the opening of the Parliament But since Money cannot be had by Parliament other means must be found out There were many ways used for raising Monies during this Interval of Parliament First Monopolies which swarmed more than in any King's Reign before Secondly Payments for new invented Knighthoods never before heard of in England in Times of Peace called Baronets the Prince was 1000 l. and the King to quicken the Market promised to make but 200 of them tho when this Market was done he kept it up all his Life-time after Thirdly Tho the Baronets paid for their Honours yet the King issued our Commissions for reviving the old Obsolete Laws for making Men which could expend 40 l. per Annum to compound for not being Knighted Fourthly Payments for being made Knights of Nova Scotia Fifthly The purchasing of English Honours at certain set Prices a Baron at 10000 l. a Viscount at 15000 l. an Earl at 20000 l. Sixthly Payments for Scotish and Irish Honours I do not find set Prices of these Scotish Honours of the same Title to have the Precedence of an Irish as a Scotish Baron Viscount or Earl to have the Precedence of an Irish and tho an English Honour of like Degree had the Precedence of either of the other yet if either of the other had a higher Title he should precede an English Peer under a less as a Scotish or Irish Viscount shall precede an English Baron so such an Earl shall precede an English Viscount Seventhly Compositions upon defective Titles Eighthly Compositions for Assart Lands Ninthly Monies for making Prince Henry Knight Tenthly Monies to marry the Lady Elizabeth to the Palsgrave Eleventhly A Benevolence Twelfthly Monies borrowed upon Privy-Seals and never repaid besides Sales of Lands Woods and Fee-farm Rents c. During this Interval of Parliament was perpetrated a most horrible Murder upon the Person of Sir Thomas Overbury which is the more remarkable if it be considered how far tho the King detested the Fact Favourites had the Ascendant over the King and how the King influenced the Causes of this Murder and that the Story may more intirely consist it will be necessary to borrow a little of common Fame Sir Robert Carr was made Viscount Rochester the 25th of March 1610 and upon the 22d of April following was made one of the King's Privy-Council and having the Ascendant above all other Favourites over the King he chose a Council of some Persons how to advance himself in this great Power Of these Sir Thomas Overbury a Gentleman of brisk and lively Parts was the chief who had as much an Ascendant over the Lord Rochester as he had over the King and as Rochester was a Favourite so was Thomas Earl of Suffolk who had a Daughter named Frances married to Robert Earl of Essex Son of Robert cut off in the last Year of Queen Elizabeth who after was General of the Army raised by the Parliament in the late Civil Wars Tho of disagreeing Humours the Earl and Countess were of agreeable Years when they were married both about the Age of twelve Years and now had lived above ten Years without any Carnal Knowledg of one with the other as both confessed when the Countess sued for a Divorce whereto the Countess was intolerably bent and if publick Fame may be credited and which is attested by a Writer of the first 14 Years of King James his Life chap. 7. she entred into a Conspiracy with one Ann Turner to have poisoned the Earl But how cold soever the Countess was in her Affections to the Earl they were not less on fire to my Lord of Rochester and that these Flames might soar in an equal height the Countess by the help of Mrs. Turner procures one Doctor Foreman as he was called to bewitch Rochester into equal Desires of mutual Love with the Countess and now Familiarity between the Countess and Rochester becomes publickly scandalous However the Earl continued his Love to the Countess but withal acquainted her with the Dishonour she brought upon him and more upon her self by her loose Life which was now become so publickly taken notice of this was so far from reclaiming the Countess that it stung her to the quick and instead of Reformation she by Letters to Mrs. Turner who the Countess says is all her hopes of Good in this World and by her to Dr. Foreman whom she calls sweet Father and subscribes her self his Affectionate Daughter Frances Essex endeavours to procure the Doctor to bewitch the Earl to Frigidity towards her Sir Francis Bacon in his Charge against my Lord Rochester after Earl of Somerset at his Trial for the Murder of Sir Thomas Overbury gives Sir Thomas hard words as That there was little in him that was solid for Religion or Moral Vertue but was wholly possest with Ambition and vain Glory and was loth to have any Partners in my Lord of Rochester's Favour and that to flatter my Lord in his unlawful Love with the Countess of Essex Sir Thomas had made his Brags that he had won Rochester the Love of the Countess by his Letters and Industry But these stoln Pleasures could not satisfy the Countess's Desires and that she might enjoy them to be compleat she endeavours since the Design of poisoning the Earl did not succeed to make way to her Desires of marrying Rochester by suing out a Divorce against the said Earl which she acquaints Rochester with and Rochester and the Countess acquaint the Earl of Northampton who before was privy and consenting to the Familiarity between them and was easily induced to join in procuring a Divorce Tho this was agreed between them yet the Viscount would not proceed further till he had consulted Sir Thomas Overbury protesting he the Viscount would do nothing without his Advice Sir Thomas told him The marrying the Countess would not be only hurtful to his Preferment but helpful to subvert and overthrow him and who would being possest of so great Possibilities as he was so great Honours and large Revenues and daily in expectation of others cast all away upon a Woman noted for her Injury and Immodesty and pull upon himself the Hatred and Contempt
Countess and Mrs. Turner to be Under-keeper to Sir Thomas and had a Promise of 200 l. Reward when Sir Thomas should be dispatched and that he might with more Secrecy work his Design the Lieutenant had Orders from Northampton and Rochester that no Man else should come at Sir Thomas and Turner only to wait upon him at Table and to give Order for his Diet and Drinks Sir Thomas thus mew'd up and excluded from the Sight of his nearest Relations and Servants upon the 9th of May was begun the Practice of poisoning Sir Thomas in his Broth which Weston brought him and this was continued with many Varieties of Poisoning till the 14th of September when by a Glyster for which the Administer had 20 l. Reward he was dispatched but the Malice against Sir Thomas did not end with his Death for the Blanes and Blisters which the Poison had caused upon his Body were interpreted to be the Effects of the French-Pox and his Body was irreverently buried in a Pit digged in a very mean Place Here we may see the unhappy Fate of Princes above other Men who neglecting their Duty give themselves up to be governed by Minions and Favourites for private Men are accountable only for their own Actions whereas Princes are accountable to God and Fame for all the ill Actions of their Ministers and how many ways was the King's Name used and abused in perpetrating this black and horrid Murder First in getting the King to send Sir Thomas on the Embassage to Russia Secondly in committing him to the Tower for refusal Thirdly in keeping him close Prisoner there which was a Practice never known before for a Contempt that any Man should be close confined from all his Relations and Servants and 't was a greater Villany to practise Sir Thomas his Death while he was the King's Prisoner than if he had been at large as being more immediately under the King's Protection These Considerations little affected the Court and Sir Overbury's Destruction went but half way towards the designed Marriage between Rochester and the Countess of Essex but a Commission of Delegates under the Broad Seal is issued out to the Arch-Bishop of Canterbury Dr. Abbot the Bishops of London Winchester Ely Litchfield and Coventry and Rochester Sir Julius Caesar Sir Thomas Parrey Sir Daniel Danne Sir John Bennet Francis James and Thomas Edwards Doctors of the Civil Law at the Suit of the Countess for a Divorce from the Earl of Essex Here you may see the Ascendant Rochester and Northampton had over the King not only in getting this Commission wherein the King's Name and Authority was abused but they procured the King in the hearing of the Countess's Cause to be her Advocate in answering the Objections which the Arch-Bishop made against the Divorce so as this Matter was managed the Bishops of Winchester Dr. Bilson of Ely Dr. Andrews of Litchfield and Coventry and Rochester with Sir Julius Caesar Sir Thomas Parrey and Sir Daniel Dunne were for the Divorce and that the Countess was Virgo non vitiata and that there was Frigidity in the Earl and the Marriage a Nullity and decreed the Earl to repay the Countess her Portion but the ABp the Bp of London and Bennet James and Edwards Doctors of the Civil-Law were against it Thus far was the King's Name and Authority abused in the attaining the Murder of Sir Thomas Overbury and the designed Marriage between Rochester and the Countess of Essex for Overbury being dead and the Divorce obtained the Countess must not lose the Title by this Marriage and thereupon the 4th of November Rochester is created Earl of Somerset All things are now prepared for the hopeful Marriage and that the Solemnity at the ending of it might out-vie that of the Palsgrave and the Lady Elizabeth upon the 6th of December the Earl and Countess were married at White-hall in the Presence of the King and Queen Prince and a great confluence of the Bishopâ— and Temporal Nobility the Bishop of Bath and Wells married them and Dr. Mountaine Dean of Westminster preached the Nuptial Sermon and that Night there was a gallant Masque of Lords but upon the Wednesday following the 29th there was another of the Prince's Gentlemen which quite out-did this and pleased the King so well that he caused it to be acted again on the Monday following being the 3d of January But White-hall was too narrow to contain the Triumphs for this Marriage they must be extended into the City and upon the 4th of January the Bride and Bridegroom accompanied by the Duke of Lenox my Lord Privy Seal Northampton the Lord Chamberlain the Earls of Worcester Pembroke and Montgomery with a numerous Train of Nobility and Gentry were invited to a Treat in the City at Merchant-Taylors Hall where my Lord Mayor and Aldermen entertained them in their Scarlet Gowns At their Entry they were accosted by a gratulatory Speech and Musick the Feast which was most sumptuous served by the choicest Citizens selected out of the 12 Companies in their Gowns and rich Foines After Supper they were entertained with a Wassaile two pleasant Masques a Play and Dancing and after all the Bride and Bridegroom with all this Noble Crew were invited to a Princely Banquet and at three in the Morning the Bride and Bridegroom returned to Whitehall and before this Surfeit of Pleasure and Excess was well digested the Gentlemen of Grays-Inn upon Twelfth-Day invited the Bride and Bridegroom to a Masque Thus these Gaieties though they out-lived the Year yet ended in the Holy-days of Christmas as they began with them being the next Day after Christmas But before the end of this Year these Joys shall turn sharp and sower This Year 1614 as it was the Meridian of the King's Reign in England so was it of his Pleasures the King was excessively addicted to Hunting and Drinking not ordinary French and Spanish Wines but strong Greek Wines and though he would divide his Hunting from drinking these Wines yet he would compound his Hunting with drinking these Wines and to that purpose he was attended with a special Officer who was as much as could be always at hand to fill the King's Cup in his Hunting when he called for it I have heard my Father say that being hunting with the King after the King had drank of the Wine he also drank of it and though he was young and of an healthful Constitution it so disordered his Head that it spoiled his Pleasure and disordered him for three Days after Whether it were drinking these Wines or from some other Cause the King became so lazy and unweildy that he was treist on Horse-back and as he was set so would he ride without otherwise poising himself on his Saddle Nay when his Hat was set on his Head he would not take the pains to alter it but it sate as it was put on And as he thus gave himself up to Pleasure so he did to Favourites and Flatterers and scarce
heard any thing without the prelude of Sacred Peaceful Wise Most Learned c. These made him careless both of his Domestick and Foreign Affairs the Thoughts of which disturbed his Pleasures and if at any time he was thoughtful or pensive his Favourites made it their Business to mimick or ridicule those things especially the Puritans whâ—m the King hated These Courses and the King's Favourites perpetually sucking his Treasures brought the King to great Necessities yet he had not Courage enough to demand the Debt due to him from the States of Holland neither Principal nor Interest so that after five Years interval a Parliament is agreed to be called to supply the King's Occasions and the principal Cause to excite the Parliament to give Money was for the Portion the King had paid for marrying the Princess Elizabeth to the Palsgrave and for his Entertainment whilst he was in England tho the King had collected Aid-Money all over England before But it rarely happens when Grievances be multiplied and the Kings become necessitous that then the King and Parliament attain their Ends the Ends being so different the Parliaments being to redress Grievances and the Kings to get Money and so it fell out in this Parliament for entring upon Grievances and remonstrating them to the King which was Language he was not acquainted with he in great Passion dissolves the Parliament and commits many of the principal Members of the Commons close Prisoners without Bail or Man-prize and though no Law was passed this Parliament nor any Notice had of it in the Statutes printed at large yet this Benefit came of it That the Commons voting Cockaine's Patent for Dressing and Dying English Cloths to be a Monopoly and a Grievance it was recalled and cancelled and the vent of White Cloths left free This was the greatest Violation and Invasion of the Privilege of Parliament that ever was done by any King of England before but though it began it did not end here neither in this King's Reign nor his Son 's after him For after the Dissolution of the Parliament the King extorted a Benevolence from the Subject and those who would not contribute were to have their Names returned to the Council CHAP. III. A further Account of this Reign to the End of the third Parliament in 1620. IF from the Parliament we look into the Court we shall see the King's Affections begin to alter towards his Favourites which began upon this Occasion My Lord of Northampton was Lord Warden of the Cinque-Ports and by his Permission Romish Priests in great Numbers swarmed into England this was observed and great Clamours were made upon it which came to the Earl's Ears hereupon the Earl exhibits an Information against some of them these justify the Truth of what they were accused of the Arch-Bishop Abbot at the same time produces a Letter from the Earl to Cardinal Bellarmine wherein he says That however the Condition of the Times compelled him and the King urged him to turn Protestant yet nevertheless his Heart stood for the Catholicks and that he would be ready to further them in any Attempt This procured the King's Frowns and the Prisoners Discharge whereupon 't was said Northampton took such Grief that he made his Will wherein he declared He died in the same Faith wherein he was baptized viz. the Popish and died the 15th of June Now was Somerset left without his chiefest Support and soon after another shall rise up which shall turn him quite out of the King's Favour About this time one Mr. George Villiers appeared in Court the youngest Son of Sir George Villiers of Leicestershire by a second Venter whose Name was Mary Beaumont the Heraulds will tell you she was of the honourable Family of the Beaumonts and I will tell you what a Lady of Quality told me and one who might well know the Truth of what she said her youngest Sister by a second Venter being married to the Eldest Son of Sir George Villiers by Beaumont Mary Beaumont was entertained in Sir George Villiers his Family in a mean Office of the Kitchin but her ragged Habit could not shade the beautiful and excellent Frame of her Person which Sir George taking notice of prevailed with his Lady to remove Mary out of the Kitchin into an Office in her Chamber which with some Importunity on Sir George's part and unwillingness of my Lady at last was done Soon after my Lady died and Sir George became very sweet upon his Lady's Woman which would not admit any Relief without Enjoyment and the more to win Mary to it gave her 20 l. to put her self into so good a Dress as this would procure which she did and then Sir George's Affections became so fired that to allay them he married her In this Coverture Sir George had three Sons John after Viscount Purbeck Christopher after Earl of Anglesey and George and one Daughter after married to the Earl of Denbigh When Sir George died George was very young and Sir George having setled his Estate upon the Children born of his former Lady could leave the Issue by his Widow but very little and her but a Joynture of about 200 l. per Annum which dying with her nothing could come to these Children nor was it possible for her out of so contracted a Joynture to maintain her self and them so as to make scarce any Provision for them after her Death and the Issue of Sir George by his former Lady both envied and hated her so as little could be expected from them To supply these Defects she married one Thomas Compton a rich Country Gentleman whereby she became able to maintain and breed up her Children in a better than ordinary Education and George being of an extraordinary and exact Composition of Person was sent abroad and in France acquired those outward Advantages which more adorned the natural Parts which Nature had given him The King this Year about the Beginning of March 16 14 15 according to his usual Methods went to take his Hunting Pleasures at New-market and the Scholars as they called them of Cambridg who new the King's Humour invited him to a Play called Ignoramus to ridicule at least the Practice of the Common Law Never did any thing so hit the King's Humour as this Play did so that he would have it acted and acted again which was increased with several Additions which yet more pleased the King At this Play it was so contrived that George Villiers should appear with all the Advantages his Mother could set him forth and the King so soon as he had seen him fell into Admiration of him so as he became confounded between his Admiration of Villiers and the Pleasure of the Play which the King did not conceal but gave both Vent upon several Occasions This set the Heads of the Courtiers at work how to get Somerset out of Favour and to bring Villiers in but here it 's fit to look a little back and see
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
as the Marriage of his Daughter with the Elector Palatine was the cause of his calling the last Parliament so the Consequence of this Marriage put him upon the necessity of calling another But because Mr. Rushworth Franklin and all other our Writers at home have either mistaken the Cause or taken it too short we will look into it from abroad Before Ferdinand the first of that Name Emperor of Germany and younger Brother of Charles the 5th the Kingdom of Bohemia was elective and tho they often chose the German Emperors their Kings after the Turks became great in Europe as Charles the 4th Wenceslaus his Son Sigismund and Albert the first of the Family of the House of Austria yet in the Year 1440 they chose Vladislaus King of Hungary who was a Polander to be their King who being slain at the great Battel of Varna against Amurath the 2d 1444 they chose his Son Vladislaus an Infant King of Hungary whose Guardian in his Minority was John Huniades the famous Champion against the Turks After Vladislaus who died without Issue the Bohemians in 1456 chose George Bogebracius After him in 1470 they chose Vladislaus the Son of Casimir King of Poland who had Issue a Son named Lewis and a Daughter named Ann married to Ferdinand Brother of Charles the 5th Emperor of Germany this Vladislaus was likewise chosen King of Hungary and died in the Year 1516. his Son Lewis being then an Infant was chosen King of Bohemia and Hungary and ten Years after viz. 1526 Lewis was overthrown and slain by Solyman the Great Turk at the Fight at Mohatz With Lewis fell the Glory and Majesty of Hungary the Paradise of the World of a sweet and temperate Climate a most healthful Air the Soil exceeding fruitful yet reserving Mines of Gold and Silver in its Bowels abounding with Cattel of a larger size than elsewhere which it supplied Germany Italy and Turkey with watered with the noblest Rivers of Europe the Danube the Drave Save Tibiscus c. as fruitful with Fish as the Land was with Cattel excelling the Countries in manifold and fair built Cities and Towns Hungary at the Death of Lewis from the time when Matthias the Son of the famous Huniades began to reign over them for 70 Years enjoyed perfect Peace within and abroad had the Reputation of the most Warlike Nation and of all other the best Frontier to stop the further Rage of the Turkish Arms in Europe But in this long Peace the People especially the Clergy became excessive rich accompanied with intolerable Pride and all other Vices which accompany Luxury and Ease In this high Conceit of themselves the Clergy especially Tomerius put the King with an Army of 25000 Men only to fight with Solyman with 300000 Turks twelve to one wherein not only the King but also Tomerius and the Flower of all the Nobility of Hungary fell here the Fate of Hungary began but did not end here For Ferdinand having married Lewis his Sister and assisted by his Brother Charles set up for himself to be King of Hungary in right of his Wife which the major part of the Nobility not slain in the Battel of Mohatz refuse to submit to and chose John Sepuce Vaivod of Transilvania to be their King and John being too weak to oppose Ferdinand flies to Solyman for his Assistance so that Hungary which before was the Barrier against the Progress of the Turkish Power in Europe now opens her Gates to let it in however the Turk being engaged in Wars against the Persians Ferdinand prevailed against both and John and Ferdinand came to this Agreement That John should enjoy that part of Hungary whereof he was possest during Life and Ferdinand the whole after his Death Soon after John died leaving the Queen with Child which proved a Son and the Nobility which before chose the Father King now chuse the Son and joining with the Queen call in Solyman for their Assistance who by this Call enters Buda the Regal City of Hungary and turns the Queen and her Son out giving him only the Title of Vaivod of Transilvania Now was Hungary become the Theatre for above 150 Years of all those Calamities which both Civil and Foreign Wars bring upon a Country so that of the most fruitful and best inhabited Kingdom in Europe it became the most desolate and uninhabited the Inhabitants being made use of only to be Slaves either to imperious Souldiers or lazy and idle Clergy-men If Hungary were the Paradise of the World Bohemia was not less of Germany and as an Island is encompassed with Waters so is Bohemia environed with Mountains which like a Garden with Walls encompassed a most rich pleasant and healthful Kingdom and to this Kingdom as well as that of Hungary does Ferdinand lay Claim in right of his Wife and being assisted by his Brother Charles and further from the Assistance of the Turks he forced the Bohemians to submit to his Empire but this was not only during his and his Wife's Life and her Heirs but to his Heirs Male tho he claimed in right of his Wife And herein you must observe That the Bohemians at this time as well as their Ancestors before were Enemies to the Popish Tyranny and Heresies so that Zisca the famous Captain of the Hussites about one hundred Years before in many Battels in Opposition to the Popish Tyranny overthrew the Emperor Sigismond and Ferdinand was a zealous Maintainer of the Popish Supremacy and Usurpations in Religion as well as Tyranny Ferdinand had Issue two Sons Maximilian who succeeded him in the Empire as well as in the Kingdoms of Bohemia and Hungary and Charles the first Arch-Duke of Austria Maximilian had Issue Maximilian Rodolph Matthias and Albert Governour and Prince of the Spanish Netherlands with whom King James in the second Year of his Reign made the League before spoken of Rodolph in 1576 succeeded Maximilian in the Kingdoms of Bohemia and Hungary as well as in the Empire This Rodolph Helvicus says was a Prince most worthy of all Praise the Refuge of good Learning Ensign of Peace and Clemency and in the Year 1609 granted Liberty of Conscience to the Bohemians and Austrians Rodolph's Brother succeeded him in the Kingdom of Bohemia and the Empire in 1614 but Matthias having no Issue and the Issue Male of Maximilian ending in him a Question might arise about the Succession to the Crowns of Hungary and Bohemia for admitting the Succession were hereditary then by the Laws of Inheritance these Crowns would devolve upon the King of Spain Philip the Third whose Mother Anna was Daughter to Maximilian the Second and therefore to be preferred before Ferdinand Arch-Duke of Austria descended from Maximilian's younger Brother To prevent this the Popish Party jealous of the Consequences prevail upon or rather forced the Emperor Matthias to surrender his Title to the Kingdom of Bohemia to his Cousin Ferdinand a zealous Assertor of the Supremacy of the Church of
Molestation other than by Censure of the House it self for or concerning any speaking reasoning or declaring any Matter or Matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the Advice and Consent of all the Commons assembled in Parliament before the King give Credence to any private Information If the King was alarmed at the Commons Remonstrance this Protestation of the Commons was such an Invasion upon his Sacred Prerogative Royal that neglecting his Pleasures and Health which he took such care to preserve by retiring into the Country up he now comes to London and upon the 30th of December and in a full Assembly of Council and in the Presence of the Judges declares the said Protestation invalid annull'd and void and of none effect Manu sua propria takes the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of the council-Council-Causes And on the 6th of January the King by his Proclamation dissolved the Parliament Shewing that the meeting continuing and dissolving of Parliaments does so peculiarly belong to him that he needs not give any account thereof to any other yet he thought fit to declare that in the Dissolution of this Parliament he had the Advice and Vniform Consent of his whole Council and that some particular Members of the Commons took inordinate Liberty not only to treat of his High Prerogatives and sundry things not fit to be argued in Parliament but also to speak with less respect of Foreign Princes That they spent their time in disputing Privileges and descanting upon the Words and Syllables of his Letters and Messages and that these evil-temper'd Spirits sowed Tares among the Corn and by their Carriage have imposed upon him a necessity of discontinuing this present Parliament without putting to it the Name or Period of a Session And lastly he declared That tho the Parliament were broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call another CHAP. IV. A Continuation of this Reign to King James his Death THE first Act the King did to make good his Promise in his Proclamation to govern well was his Commitment of Sir Edward Coke and Sir Robert Philips to the Tower and Mr. Selden Mr. Pym and Mr. Mallery to other Prisons and Sir Dudley Diggs Sir Thomas Crew Sir Nathaniel Rich and Sir James Parrot into Ireland Sir Thomas Overbury had a Cause assigned for his Commitment to the Tower but yet it was observed an Hardship upon him without any Precedent that he should be confined a close Prisoner for a Contempt whereas these were not only confined but close Prisoners for ought I can find I am well assured Sir Edward Coke was not only without any Cause shewed but for performing a publick Trust reposed in them Nor did the Commons only suffer under this Fury of the King for performing their Duty but the Noble Earl of Southampton was imprisoned for his freedom of Speech and for rebuking Buckingham for his disorderly speaking in the House of Lords as you may see in the first Part of Keeper Williams's Life fol. 62. tit 8. But of all others this Storm fell most severely upon Sir Edward Coke and by several ways his Ruin was contrived First By sealing up the Locks and Doors of his Chambers in London and in the Temple Secondly By seizing his Papers by virtue whereof they took away his several Securities for Money as a learned Lawyer Mr. Hawles hath observed Thirdly It was debated in Council when the King would have brought in the General Pardon containing such Points as he should think fittest by what ways they might exclude him from the benefit of it either by preferring a Bill against him before the Publication of it or by excepting him by Name Fourthly If the King's Name were used by Northampton and Somerset to confine Sir Thomas Overbury so close that neither his Father nor Servants should come at him so was the King's Name used here that none of Sir Coke's Children or Servants should come at him and of this I am assured from one of Sir Edward's Sons and his Wife Fifthly In this Confinement the King sued him in the King's-Bench for 30000 l. 2 s. 6 d. for an old Debt pretended to be due from Sir William Hatton to Queen Elizabeth and this was prosecuted by Sir Henry Yelverton with all Severity imaginable but herein the King's Counsel were not all of one piece for when a Brief against Sir Edward was brought to Sir John Walter I think then Attorney-General he returned it again with this Expression Let my Tongue cleave to the Roof of my Mouth whenever I open it against Sir Edward Coke however after the Trial the Verdict was against the King Mr. Selden got his Liberty by the favour of my Lord Keeper Williams but the rest must abide by it till the breaking of the Spanish Match necessitated the King to call another Parliament But lest the King's Word in his Proclamation for governing well should not pass currant and without dispute the King ordered the Judges in their Circuits to give this in their Charges That the King taking notice of the Peoples liberal speaking of Matters far above their reach and also taking notice of their licentious undutiful Speeches touching State and Government notwithstanding several Proclamations to the contrary the King was resolved no longer to pass it without severest Punishment and thereupon to do exemplary Justice where they find any such Offenders The King having in the ninth Year of his Reign borrowed 111046 l. upon Privy-Seals which the Writer of the Historical Narration of the first 14 Years of King James his Reign Tit. Monies raised by him fol. 14. says were unrepay'd Now since he could receive no more Money in Parliament orders the Privy-Council to issue out an Order for raising Money out of Parliament for the Defence of the Palatinate and also sent Letters to the Justices of the Courts in Westminster-Hall and Barons of the Exchequer to move them and perswade others to a liberal Contribution for the Recovery of the Palatinate according to their Qualities and Abilities Nevertheless if any Person shall out of Obstinacy or Disaffection refuse to contribute thereto proportionably to their Estates and Means they are to certify their Names to the Council-Board Letters to the same effect were directed to the High-Sheriffs of Counties and Justices of Peace and to the Mayors and Bayliffs of every City and Corporation within the Kingdom requiring them to summon all before them of known Abilities within their Jurisdictions and to move them to a chearful Contribution according to their Means and Fortunes in some good measure answerable to what others well
affected have done before them And to make choice of meet Collectors of the Monies and to return a Schedule of the Names of such as shall contribute and the Sums that are offered by them that his Majesty may take notice of the good Inclinations of the Subjects to a Cause of such Importance as likewise of such others if any such be as out of Obstinacy or Disaffection shall refuse to contribute These were the Ways which this pacifick King took in and out of Parliament which I believe except in the Reign of Edward the 4th were never practised by any of our English Kings and all this under the specious Pretence of recovering his Son-in-law's Patrimony prodigally to squander it among his Favourites especially Buckingham whose Avarice could not be supported otherwise by the Revenues of the Crown and Venality of all Places Sacred and Civil These were the Noble Atchievements which this pacifick King obtained over his Parliament which presumed to advise him for his own Honour and the Nation 's Safety this was the Return he made for inverting the Methods of Proceedings in Parliament to pleasure him by granting Subsidies before Grievances were redrest A Prince foreign born to our English Laws and Constitutions A Prince as the noble Nani Anno 1619. fol. 137 138. observes in whom Decorum and want of Power were commonly Opposites he being Scotish by Birth and come to the Crown by Inheritance was the first that governed the two Nations by Natural Antipathy and antient Emulation of Enemies and designing to reclaim the Fierceness of those People with Ease and Idleness had set up his Rest in Peace and avoiding as much as possible the calling of Parliaments without which not having the Power to impose Contributions nor levy Money he contented himself rather to struggle with many Straits and Difficulties than to see them meet with a Jealousy of them or being met be obliged to separate them with the disgust of the People or with the satisfaction of Prejudice to the Superior in Power A Prince so poor before he came to the Crown of England that if he had not been supported by the Pension which Queen Elizabeth allowed him could not have maintained the Garb of many of our English Gentry and being come to the Crown of England not only the Sacred Patrimony of it was squandered and embarassed upon debauched and profane Favourites but the People otherwise oppressed with almost infinite Monopolies and Projects which the Nation never before heard of and as they were new so were they all illegal and all these to make his Favourites rich while he continued the poorest King that ever governed England Justled in his Throne by the Presbytery in Scotland yet nothing less than Sacred would down with him from the Clergy in England tho his dissolute Life and profane Conversation were diametrically contrary These by a twenty Years Habit were so fixed in the King a Prince of all others the most regardless of his Honour and Word that they became natural So that after the Parliament had given him two Subsidies and intended another for carrying on the War for the recovery of the Palatinate and after he had by such means as before said by such Terror raised Benevolences all England over upon pretence of it yet by the Advice of Buckingham and Gundamor he placed the Anchor of his Hope to do it by the Match of his Son with the Infanta of Spain when an unlooked-for Accident reported by Nani in his 5th Book fol. 186. had like to have spoiled all For the King of Bohemia weary of being amused and deluded with the Hopes of his Father-in-law's Treaties which he now saw were mocked by the Spaniards themselves in a Disguise with two Persons only from Holland passes into France by Sea and from thence through Lorrain and through the midst of his Enemies Troops arrives at Landau where Count Mansfield who then made War in the Palatinate in his Right had a Garison where he discovered himself and from thence went to Germersheim where he was received with the general Applause of the whole Army This Escape of the King's Son-in-law confounded all the King's Measures which he had taken for him by the Marriage of the Infanta with his Son so that he was more alarm'd at it than at the Commons Remonstrance and Protestation tho he bore the Affliction with a much better Temper So all Wits were set at work how to get the Elector out of the Hands of Mansfield back again into Holland for now the Proceedings at Brussels upon the Peace were put to a full stop the Spaniards alledging they could not proceed in the Treaty so long as the King's Son-in-law was in the Hands of Mansfield their most inveterate and bitter Enemy It fell out luckily for the King's Designs tho unluckily for his Son-in-law's that Mansfield being worsted by the Spanish Arms in the Palatinate and the Elector Palatine fearing that Mansfield in the Adversity of his Affairs would make him a Sacrifice in giving him up to the Spaniard to make his own Terms the better was the more easily enveagled by the King's Agents to return again into Holland where the first News he heard was that Tilly had taken Heidelburg the Capital Seat of his Ancestors by Storm and Frankendal his next City reduced to Extremity by Cordua so that as Nani says fol. 188. King James who had published that his Son-in-law held that Country under his Protection was laugh'd at by all the World and forced to consent to a Truce for fifteen Months during which Frankendal and the rest of the lower Palatinate should be deposited into the Spaniards Hands to restore them to the King James if within that time there were not a Peace concluded King James having thus deposited his Son-in-law's Patrimony in the Hands of the Spaniards in the Low Countries now by the Direction of Buckingham not only the Dictator over the Kingdoms of England Scotland and Ireland but over the King himself and 't was feared more over the Prince upon pretence that the Earl of Bristol was too remiss in prosecuting the Prince's Suit at Madrid resolves to deposite the Prince in the Power of the Court of Spain there to remain as an Hostage till he can procure the Infanta to be his Spouse This was such an Adventure as Don Quixot never dream'd of in any of his that because the King the Prince his Father was poor at home and despised abroad therefore by making his only Son an Hostage in another King's Court where the Maxims both of Religion and State were directly contrary he should think to perswade the King of Spain to overturn all and also get such a Portion as was fourfold more than any Prince before had to enrich himself and to make War against the King of Spain or Emperor which the Spaniard esteemed all as one and also that the King of Spain should restore the Palatinate because the King knew not which way else
Marquess clearly and upon what Guard he should stand Yes said the Keeper and to that purpose I have dispatched some Pacquets Then continue says the King to help me and them in those Difficulties with your best Powers and Abilities and serve me faithfully in this Motion which like the highest Orb carries all my Raccalta's my Counsels at present and Prospects upon the future with it and I will never part with you Which you may read in the first part of the Keeper's Life fol. 115. tit 127. The Keeper hereupon continues to prosecute this Advice to the Marquess after Duke but hereby lost the Duke's Favour who ever after sought all means to ruin the Keeper which tho he could not effect in King James his Reign he did it in the first Year of his Son 's But when the King understood that the Contraventions of the Duke with Olivares and Bristol was like to make a Rupture in the Treaty he then began seriously to consider with himself the fickle State he stood in both at home and abroad if the Marriage succeeded not all the two Subsidies he had granted him by the Parliament and the Benevolence he had raised after upon his Subjects by his own Authority was expended and a great Debt contracted besides he also besides the Benevolence stood upon ill Terms with his Subjects for petitioning him against the Spanish Match and asserting their Privileges by imprisoning them after he had dissolved the Parliament the like whereof was never before done by any of his Predecessors and now Buckingham had so violently caused a Rupture of the Match wherein he placed his sole Felicity he had not Courage so much as to frown upon him who could contribute no Relief whereas he dissolved the Parliament and imprisoned the Members upon their Advice against the Match who could have relieved him in his Necessities besides he now saw that Buckingham by his Audacity more worshipped the Sun in its Rise than in its Declination Now did he not know to whom he should complain nor was there any about him but the Keeper who durst give him any Advice In case a Rupture happened the King after all this wild Expence of Foreign Embassies and the Charge of his Son's Voyage to Spain would be despised by all Foreign Princes and States in case he did not endeavour to recover his Son-in-law's Patrimony which would in all appearance bring on a War between him and the Emperor and King of Spain who kept nothing from him and therefore had no cause to make War upon either Besides in case the King made War for the Recovery of the Paâ—atinate he could not hope to do it upon his own single account but in Conjunction with Foreign Confederates and above all with the States of the Vnited Netherlands who now had renewed the War against the King of Spain the Truce made between them and the King of Spain in 1609 being expired But how uniust would this be for the King to make War upon the Emperor and King of Spain who kept nothing from him and join with the Dutch herein who against the Treaty made between the King and them but three Years before viz. in 1619 kept from the King and his Subjects the Isles of Amboyna Seran Nero Waire Rosingen Latro Cambello Mitto Larica Lantare Polaway and Machasser in the East-Idies and Cabo de Bon Esperanza in Africk But the Impolicy of such an Alliance would be as great as the Injustice of it for hereby the English must lose the benefit of the Spanish Trade which above all others enriched the Nation and the King his Customs which above any other did arise from it These Considerations fixed in the King's Mind fearful of any War so cleft his Heart That as the Bishop of Litchfield observes he effected neither yet he submitted himself to be ruled by some whom he should have awed by his Authority but wanted Courage to bow them to his Bent. A Prince that preserves not the Rights of his Dignity and the Majesty of his Throne is a Servant to some but a Friend to none and least to himself as you may see in his Book fol. 167. tit 173. In these Perplexities the King saw no visible Means under Heaven to relieve him but by closing with his next Parliament and it was observed that some Impressions were gotten into the King's Mind that he was so resolved to be a Lover of Parliaments that he would close with the next that was called nor was there any likelihood that any Man's Incolumity tho it were his Grace himself should cause an unkind Breach between him and his People This Resolution of the King 's was not concealed from a Cabinet or Cabal of the Duke's which met at Wallingford-House who hereupon set up to consider what Exploit the Duke should commence to be the Darling of the Commons and as it were to re-publicate his Lordship and to be precious to those who had the Vogue to be the chief Lovers of their Country and resolve that all Attempts would be in vain unless the Treaty of the Spanish Match were quash'd and that the Breach thereof should fall upon the Duke's Industry so that what the Duke did before in spite to Olivares and Bristol he now pursues for his own Safety tho the King had little reason to thank him for it See the first Part of the Keeper's Life fol. 137. tit 147. And this took such Impression in the Duke that the Bishop heard the Duke afterward in the Banqueting-House before the King and both Houses of Parliament ascribe to himself the sole Glory of breaking the Spanish Match and you will soon see how the Prince and Duke after their return from Spain over-awed the King and made his Authority bow to their Bent for notwithstanding Buckingham blasted all the Raccalta's of his Counsels and the Prospect of his future Happiness placed in the Spanish Match yet he shall become the Duke's Advocate herein and note his Fidelity Constancy and Conduct in breaking it off and from his Disciple become his Master and teach him that Dolosus versatur in Generalibus and also keep back the Earl of Bristol from coming to the Parliament that he might not spoil the â—ine Tale the Duke had told yet at other times the King would say If he had sent Williams into Spain with his Son he had kept Heart-ease and Honour both which he lacked See the first part of the Bishop of Litchfield fol. 168. tit 174. The Duke thus doubly engaged resolved to break the Spanish Match and to dispose the King James to it the Prince writes to him That he must look upon his Sister the Queen of Bohemia and her Children never thinking more of him and forgetting he ever had such a Son Though it be evident the generous Spaniards were far enough from entertaining such a thought however Buckingham's Behaviour might have prompted them to it that by the Authority of Litchfield and Rushworth they entertained him
with all imaginable Esteem as a truly noble discreet and well-deserving Prince however the Prince himself had given them Cause sufficient to have detained him if the Prudence of Bristol had not been greater than Buckingham's Rashness and Zeal to break off the Match solemnly sworn to by the Prince and Buckingham himself and this upon the Day when the Prince parted from the King of Spain from the Escurial as you may see in the Bishop of Litchfield's Life of Dr. Williams and Rushworth fol. 284 285. For though the King of Spain and the Prince had solemnly sworn to accomplish the Marriage and to make the Espousals within ten Days after the Ratifications should come from Rome to which purpose the Prince made a Procuration to the King of Spain and Don Charles his Brother to make the Espousals in his Name and left it in the Earl of Bristol's hands yet he the Prince left in the Hands of one of the Duke's Creatures Mr. Edward Clarke a private Instrument with Instructions to the Earl of Bristol to stay the Delivery of the Proxies till farther Direction from him But when this private Instrument was delivered to Bristol he told Buckingham's Favourite that it must for a time be concealed lest the Spaniard coming to the knowledgâ— of it should give Order to stay the Prince So that the Duke left the Earl's Instrument as perplexed and confounded when he went out of Spain as he had made the Treaty of Marriage when he came into it The Temper and Dissimulation of the Duke is so strange at his taking leave of Olivares as is I believe without all Example and also without any Care of the Safety of the Prince for the Duke told him after he had delivered the Instrument to stay the Delivery of the Proxy That he was obliged to the King and Queen and Infanta in an eternal Tie of Gratitude and that he would be an everlasting Servant to them and endeavour to do the best Offices for concluding the Match and strengthning the Amity between the two Crowns but as for himself Olivares he had so disobliged him that he could not without Flattery make the least Profession of Friendship to him Nor was the Ingratitude and Dissimulation of the Prince less than that of Buckingham for when the King of Spain had brought the Prince to the Escurial where the Prince and Duke after the delivery of the Instrument for staying the Proxy solemnly swore the Treaty of Marriage as you may read in Rushworth fol. 285. and the King and Prince had sworn a perpetual League of Friendship as the Bishop of Litchfield says the King at their Departure declared the Obligation which the Prince had put upon him the King by putting himself into his Hands a thing unusual with Princes and protested he earnestly desired a nearer Conjunction of Brotherly Affection for the more intire Unity between them The Prince answered him magnifying the high Favour which he had found during his Stay in his Court and Presence which had begotten such an Estimation of his Worth that he knew not how to value it but would leave a Mediatrix to supply his own Defects if he the King would make him so happy as to continue him the Prince in the good Opinion of her his Dear Mistress Yet the Prince so soon as he came on Ship-board was observed to say That it was a great Weakness and Folly in the Spaniards after they had used him so ill to grant him a free Departure and soon you 'll see both the Prince and the Duke urge the King James to break off the Match so solemnly sworn by them all and make War upon the Spaniards which was so dangerous to the Parliament to mention Having thus taken a View of the Duke's Prudence and deep Insight in Mysteries of State in managing this Match where King James's Proclamation could not restrain Men from talking of State-Affairs We will now take a View of the Duke's Profession in Religion that another may better judg whether he were more eminent in Religion or State-policy and herein I will take the Earl of Bristol's Charge upon him to be a full Proof since the Earl answered the Duke's Charges against him twice first before King James and afterward in Parliament in the 2d of King Charles without any reply and King Charles his dissolving the Parliament rather than the Duke should come to a Tryal upon the Articles which the Earl exhibited against him 1. The Earl in the said Articles charges the Duke that he did secretly combine with the Conde of Gundamor Ambassador from the King of Spain Anno 1622 to carry the Prince into Spain to the end he might be informed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England 2. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his Return framed as might serve for a Ground to set on foot this Conspiracy the which was done accordingly and thereby the King and Prince highly abused and their Consents thereby gotten for the said Journey viz. after the Return of the said Mr. Porter which was about the latter end of December or beginning of January 1622. whereas the Duke plotted it many Months before 3. That the Duke at his Arrival in Spain nourished the Spanish Ministers not only in the Belief of his being popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristol's House and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore the Sacrament from time to time give the Spaniards Hopes of the Prince's Conversion the which he endeavoured to procure by all means possible and thereby caused the Spanish Minister to propound far worse Conditions for Religion than had been propounded by the Earl and Sir Walter Ashton setled and signed under the K. and Prince's Hand with a clause of the K. of Spain's Answer Dec. 12. 1622 that they held the Articles agreed on sufficicient and such as ought to induce the Pope to grant the Dispensation 4. That the Duke having several times moved and pressed the King James at the Instance of the Conde of Gundamor in the presence of the Earl of Bristol to write a Letter to the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing any such Letter that during the Abode of the said Earl in England the Duke could never obtain it but not long after the Earl was gone he the Duke procured such a Letter to be written from the King James to the Pope and to have him stiled Sanctissime Pater 5. That the Pope being informed of the Duke's Inclination and Intention in point of Religion sent unto him a particular Bull
to procure a private Audience of the King tho he often desired it but what the Duke assisted at Inoiosa impatient of any longer Delay about the latter end of April 1624 contrived this Expedient to put the following Paper into the King's Hand he and Don Carlo de Colonna came adventurously to White-Hall and whilst Don Carlo held the Prince and Duke in earnest Discourse Inoiosa put this Paper into the King's Hand with a Wink that the King should put it into his Pocket wherein 1. He terrifies the King that he was not or could not be acquainted with the Passages either of his own Court or of the Parliament for he was kept from all faithful Servants that would inform him by the Ministers of the Prince and Duke and that he was a Prisoner as much as King John of France in England or King Francis at Madrid and could not be spoken with but before such as watched him 2. That there was a strong and violent Machination in hand which had turned the Prince a most obedient Son to a quite contrary Course to his Majesty's Intentions 3. That the Council began last Summer at Madrid but was lately resolved on in England to restrain his Majesty from the Exercise of the Government of his Kingdoms and that the Prince and Duke had designed such Commissioners under themselves as should intend great Affairs and the Publick Good 4. That this should be effected by beginning of a War and keeping some Companies on foot in this Land whereby to constrain his Majesty to yield to any thing chiefly being brought into Straits for want of Monies to pay the Souldiers 5. That the Prince and Duke's inclosing his Majesty from the said Ambassador and other of his own Loyal People that they might not come near in private did argue in them a fear and distrust of a good Conscience 6. That the Emissaries of the Duke had brought his Majesty into Contempt with the potent Men of this Realm traducing him for slothful and unactive for addiction to an inglorious Peace while the Inheritance of his Daughter and her Children is in the Hands of his Foes and this appear'd by a Letter which the Duke had writ into Holland and they had intercepted 7. That his Majesty's Honour nay his Crown and Safety did depend upon a sudden Dissolution of the Parliament 8. They loaded the Duke with sundry Misdemeanours in Spain and his violent Opposition to the Match 9. That the Duke had divulged the King's Secrets and the close Designs between his Majesty and their Master King Philip about the States of Holland and their Provinces and laboured to put his Majesty out of the good Opinion of the Hollanders 10. That the Duke was guilty of most corrupt dealing with the Ambassadors of divers Princes 11. That all these things were carried on in the Parliament with an head-strong Violence and that the Duke was the cause of it who courted them only that were of troubled Humours 12. That such Bitterness and Ignominies were vented in Parliament against the King of Spain as were against all good Manners and Honour of the English Nation The 13th is a flat Contradiction to the Precedents wherein they made the Prince privy to dangerous things yet in this they say That the Puritans of whom the Duke was Head did wish they could bring it about that the Succession of the Kingdom might come to the Prince Palatine and his Children in right of the Lady Elizabeth In a Postscript the Paper prayed the King That Don Francisco Carondelet Secretary to the Marquess Inoiosa might be brought to the King when the Prince and Duke were sitting in the Lords House to satisfy such Doubts as the King might raise which was performed by the Earl of Kelly who watch'd a fit Season at one time for Francisco and for Padre Maestro a Jesuit at another time who told their Errand so spitefully that the King was troubled at their Relations How far the Spanish Ambassador Carondelet and the Jesuit Maestro could make good this Paper I cannot tell nor does the Bishop say however the King was apprehensive that the Parliament was solicitous to engage him in a War for the Palatinate which he so dreaded that as the Bishop says he thought scarce any Mischief was so great as was worth a War to mend it wherein the Prince did deviate from him as likewise in his Affection to the Spanish Alliance But he stuck at the Duke more whom â—e defended in one part to one of the Spanish Ministers yet at the same time complaining That he had noted in him a turbuleâ—â— Spirit of late and knew not how to mitigate it so that casting up the Sum he doubted it might come to his turn to pay the Reckoning These Thoughts so wrought upon the King that his Countenance fell suddenly that he mused much in Silence and that he entertained the Prince and Duke with mystical and broken Speeches this nettled them both and enquiring the Reason they could not go further than that they heard the Spanish Secretary and the Jesuit Maestro had been with the King and understood that some in the Ambassador's House had vaunted that they had nettled the Duke and that a Train would take fire shortly to blow up the Parliament In this Perplexity the King prepared to take Coach for Windsor to shift Ground for some better Rest in this Unrest and took Coach at St. James's Gate and the Prince with him and found a slight Errand to leave Buckingham behind as the King was putting his Foot into the Coach the Duke besought him with Tears in his Eyes and humble Prayer that his Majesty would let him know what could be laid to his Charge to offend so good and gracious a Master and vowed by the Name of his Saviour he would purge it or confess it The King did not satisfy him but breathed out his Disgust that he was the unhappiest alive to be forsaken of them that were dearest to him which was uttered and received with Tears from his own Eyes as well as the Prince's and Duke's and made haste to Windsor leaving the Duke behind this was upon Saturday at the end of April The Duke forlorn retires to Wallingford-House and was in such Confusion and Distraction that when my Lord Keeper who had notice of all these things and was more careful of the Duke than he could be of himself came to him he found the Duke lying upon his Couch in that immoveable Posture that he would neither rise up nor speak tho the Keeper invited him to it twice or thrice by courteous Questions The Keeper told him by the Faith of a deep Protestation that he came purposely to prevent more Harm and to bring him out of that Sorrow into the Light of the King's Favour That he verily believ'd God's directing Hand was in it to stir up his Grace to advance him to those Favours which he possessed to do him Service at this Pinch of Extremity
she should take other French Catholicks in their Places but nevertheless by the Consent of the King of Great Britain That the King of Great Britain and the Prince of Wales his Son should oblige themselves by Oath not to attempt by any means whatsoever to make her change her Religion or to force her to any thing that might be contrary thereto and should promise by writing in the Faith and Word of a King and Prince to give Order that the Catholicks as well Ecclesiastical as Secular who have been imprisoned since the last Edict against them should be set at Liberty That the English Catholicks should be no more enquired after for their Religion nor constrained to take the Oath which contains something contrary to the Catholick Religion That their Goods that have been seized since the last Edict should be restored to them And generally that they should receive more Graces and Liberty in Favour of the Alliance with France than had been promised them in consideration of that of Spain The Deputation of Father Berule Superior General of the Fathers of the Oratory to his Holiness to obtain the Dispensation for the aforesaid Marriage THE Instructions which were given to Father de Berule were to render himself with all Diligence at Rome to obtain the Pope's Dispensation and to this Effect to represent to his Holiness That the King of Great Britain having demanded of the King his Sister Madame Henrietta Maria for a Wife for the Prince of Wales his Son his Majesty hearken'd the more willingly to this Proposition in that he esteem'd it very profitable towards the Conversion of the English as heretofore a French Princess married into England had induced them to embrace Christianity but the Honour which he had vowed to the Holy See and particularly to his Holiness who baptized him in the Name of Pope Clement VIII did not permit him to execute the Treaty without having obtained his Dispensations That this Marriage ought to be look'd upon not only for the Benefit of the English Catholicks but of all Christendom who would thereby receive great Advantage That there was nothing to be hazarded for in Madame seeing that she was as firm in the Faith and in Piety as he could desire That she had a Bishop and 28 Priests to do their Duties That she had not a Domestick that was not Catholick and that the King of Great Britain and the Prince of Wales would oblige themselves by Writing and by Oath not to solicit her directly or indirectly neither by themselves or by Persons interposed to change her Religion On the contrary having nothing to fear for her he had great Cause to hope that she being dearly beloved of the King who was already well enough disposed to be a Catholick and of the Prince of Wales she might by so much the more contribute to their Conversion as Women have wonderful Power over their Husbands and their Fathers-in-law when Love hath given them the Ascendant over their Spirits That she was so zealous in Religion that there was no doubt but she would employ in this pious Design all that depended upon her Industry and that if God should not bless Intentions in the Person of King James and of the Prince of Wales it was apparent that their Children would be the Restorers of the Faith which their Ancestors had destroyed seeing she would have the Charge to educate them in the Belief and in the Exercises of the Catholick Religion till the Age of 13 Years and that these first Seeds of Piety being laid in their Souls cultivated with Care at the time when they should be more susceptible of Instructions would infallibly produce stable and permanent Fruits that is to say a Faith so firm that it may not be shaken by Heresy in a riper Age. That after all the Catholicks of England would receive no small Profit at present since the King of Great Britain and the Prince of Wales would both oblige themselves upon their Faith and by Writing no more to enquire after them nor punish them when they should be discovered to enlarge all those that had been imprisoned and to make them Restitution of Money and of other Goods that had been taken from them since the last Edict if they were yet in being and generally to treat them with more Favour than they could have expected from the Alliance with Spain And further He had Orders to let the Pope understand that to render more Respect to the Church it had been agreed that Madame should be affianced and married according to the Catholick Form and agreeable to that which was followed at the Marriage which Charles IX made of Madam Margaret of France with the late King Henry IV. then King of Navarre All these things spoke themselves and appeared so visibly that they would admit of no doubt so this Father that wanted neither Spirit nor Fire represented them dexterously to the Pope and his Holiness made him hope for a speedy and favourable Answer c. See the Life of Cardinal Richlieu printed at Paris 1650. fol. 14 15. How does this agree with the King's Speech at the opening of the Parliament in the 18th Year of his Reign That if the Treaty of the Match between his Son and the Infanta of Spain were not for the Benefit of the Established Religion at home and of the Reformed abroad he was not worthy to be their King And how does this agree with that part of the King's Speech at the opening of this Parliament That as for the Toleration of the Roman Religion as God shall surely judg him he said he never thought nor meant nor never in Words expressed any thing that savoured of it Do not Religion Truth and Justice support the Thrones of Princes and Hypocrisy Falshood and Injustice undermine and overthrow them What future Happiness then could either the King or Prince hope to succeed this Treaty sworn to by them both so diametrically contrary to the Laws and Constitutions of this Nation wherein the Majesty of the King as well as the Safety of the Nation is founded and to govern by these and observe this Treaty will be impossible What Peace could the Prince find at home even in his Bed when an imperious French Wife shall be ever instigating him to break his Coronation-Oath to truckle to that imposed upon him by her Brother of France These Pills how bitter soever must be swallowed by the King rather than his Son shall be baulk'd a second time nay it seems they were very sweet to him For Mr. Howel in the Life of Lewis III. says fol. 66. that King James said passionately to the Lords of the Council of the King of France My Lords the King of France has wrote unto me That he is so far my Friend that if ever I have need of him he will render me Offices in Person whensoever I shall desire him the Truth of this you will see by and by Truly he hath gained upon
me more than any of his Predecessors and he may believe me that in any thing that shall concern him I will employ not only my Peoples Lives but my own Bravely spoken and like K. James and whosoever of his Subjects Lewis's shall rise against him either Catholicks or others shall find him James a Party for him Lewis 'T is true if he be provoked to infringe his Edicts he shall impart as much as in him lies by Counsel and Advice to prevent the Inconveniencies Who ever expected he should do more or ever did But Venus must not have the only Ascendant in this Treaty for the Cardinal will have Mars to be in Conjunction with her and 't was high time for at this time Monsieur Sobiez had provided a great Fleet of Men of War as Times went then with the French and had entered and surprised the Fort of Blavet in Bretaign and took and carried away six of the French great Men of War out of it and also taken the Isles of Rhe and Oleron which he began to fortify and being absolute Master of the Sea triumphantly with a Fleet of 75 Men of War of all sorts landed a considerable Force at Medoc near Bourdeaux The Court of France was never so alarmed as at this notwithstanding all the King's Victories over the Reformed by Land and therefore the Cardinal threw another Article into the Treaty That King James should lend the French a Fleet of Ships to repress Soubiez and in lieu thereof the French should permit Mansfield who had raised an Army of 10000 Foot and 2000 Horse in England to land at Calais where the French should join him with another Body of Horse and Foot for the Recovery of the Palatinate But see the French Faith and how well Lewis made good his Promise to King James to render him all Offices in his own Person whensoever King James should desire him for at this time the Army being shipt at Dover and put over to Calais where being denied Entrance and having no other Instructions and wanting Provisions they lay neglected at Sea and in this Distress a Pestilence raged among them so that they were forced to sail to Zealand where having no Orders they were denied Landing there and this being the most terrible Season of the Year in December what by Hunger Cold and Pestilence above two thirds of them perished before Leave could be obtained to land them in Holland so that they never did the King of Spain near so much Hurt as they had done in England before they were shipt living upon Plunder and Free-Quarter These were sad Presages of future Happiness from the designed Marriage yet these things no ways discomposed the quiet Repose of our pacifick King so as he might see his only Son married to a Daughter of France was all his Business no matter how The Thirst which God was his Judg and as he was a Christian King he had contracted equal to that of the wayfaring Man in the Desarts of Arabia and in danger of Death for want of Water for the good Success of the Parliament is now asswaged by the granting of three Subsidies and three Fifteenths Here 's no mention of marrying his only Son with the Tears of his only Daughter and he is still ready with the Lives of his Subjects and his own to assist the most High most Excellent and most Puissant Prince his most dear and most beloved Brother Cousin and antient Ally Lewis The Managers of this Treaty were Hay a Scots-man created Earl of Carlisle and the Lord Kensington for the more Honour of it created Earl of Holland two of the King's Favourites of the second Rate but who bare no proportion to the Sagacity Wisdom and Integrity of the Earl of Bristol Bristol was all Heare of Oak and would not bend to Buckingham's Pride and Ambition but they were Willows that were liable to every Nod and Wind of Buckingham's Breath But how comes Buckingham who must have an Oar in every Boat to be absent from this Treaty The Reason was tho he were not wise yet he was jealous lest King James in his Absence should hear Bristol against him as the King had promised as well as he had heard Buckingham against him which was so dangerous a Rock as our Land-Admiral would not venture to run against Notwithstanding all this Haste for consummating this desired Marriage the Thread of the King's Life was spun out before for upon the 27th of March Ann. 1625. he died at Theobalds in the 58th Year of his Age having reigned twenty two Years compleat Having had an Ague the Duke of Buckingham did upon Monday the 21st before when in the Judgment of the Physicians the Ague was in its Declination apply Plaisters to the Wrists and Belly of the King and also did deliver several quantities of Drink to the King tho some of the King's Physicians did disallow thereof and refused to meddle further with the King until the said Plaisters were removed and that the King found himself worse hereupon and that Droughts Raving Fainting and an intermitting Pulse followed hereupon and that the Drink was twice given by the Duke 's own hands and a third time refused and the Physicians to comfort him telling him that this second Impairment was from Cold taken or some other Cause No no said the King it is that which I had from Buckingham I confess this was but a Charge upon the Duke upon the Impeachment of the Commons as you may read in Rushworth fol. 355 356. yet it was next to positive Proof for King Charles rather than this Charge should come to an Issue dissolved the Parliament which was a Failure of Justice tho the Commons had voted him four Subsidies and four Fifteenths before it was passed into an Act. The Character of King James He was the first of that Name King of England and the first King of the whole Isle of Britain and the first King since Henry the first that was born out of the Allegiance to the King of England and was the first at least since Rich. 2. that affected and endeavoured to introduce an Arbitrary Power in England foreign to the Laws and Constitutions of it and in all his Reign was more governed by Flatterres and Favourites than by the Advice of his Parliament or a wise Council His Flatterers and Favourites seldom spake of him but under the Appellation of Most Sacred rarely I think or never before used to any of the Kings of England and of the Solomon of the Age though never were two Kings more unlike unless it were in their Sons Charles and Rehoboam for Solomon died the richest of all the Kings of the World King James the poorest Solomon was inspired above all other Kings with Wisdom and his Proverbs Divine Sentences for Improvement of Vertue and Morality whereas this King's Learning wherein he and his Flatterers so much boasted was a Scandal to his Crown for all his Writings against Bellarmine and
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
thereupon referred this Business to my Lord Keeper Williams my Lord Treasurer Cranfield the Duke of Richmond Marquess Hamilton the Earl of Arundel the Lord Carew and the Lord Belfast who all agreed that they could not say that the King of Spain had done the part of a Friend in the Recovery of the Palatinate as he had professed nor could find that he had acted the Part of an Enemy declaredly as the Duke objected and indeed my Lord Keeper's Reasons against the War governed all the rest that saw no Expediency for War upon the Grounds communicated by Buckingham And 't was more observable that during the whole Treaty while Buckingham was in Spain the Business of the Palatinate was never mentioned and now he is come out of it it must be the Cause of a War with the King of Spain The Keeper's Reasons were Vpon whom shall we fall Either upon the Emperor or King of Spain the Emperor had in a sort offered the King his Son-in-law's Country again for Payment of a great Sum of Money in recompence of Disbursments but where was the Money to be had yet it might be cheaper bought than conquered before a War was ended For the King of Spain he saw no Cause to assault him with Arms He had held us indeed in a long Treaty to our Loss but he held nothing from us and was more likely to continue the State of things in a State of Possibility of Accommodation because he disliked the Duke of Bavaria's Ambition and had rather stop the Enlargement of his Territories The King embraced this Advice nor did he stay here yet did not stay long but spake hardly of Buckingham who would have put him upon making War upon the King of Spain and the King's Censure upon him was so bitter Cabal Page 92. that it was fit to be cast over-board in Silence says the Bishop of Litchfield f. 169 170. tit 175. This Resolution of the Council was so little to the Duke's Satisfaction that the Bishop says in the same Tit. that it made the Duke rise up and chafe against them from Room to Room as a Hen that had lost her Brood and clucks up and down when she has none to follow her Nor did the Duke stop here but notwithstanding the fierce Anger of the King and his not answering one of the Keeper's Reasons he appealed from the Judgment of the Council to the Parliament Sure he durst not have done this if he had not been sure of the Prince to second him against the Opinion and Anger of his Father This was the third inexpiable Crime the Keeper had committed against the Duke the first was his Advice to the Duke when he was in Spain to hold a good Correspondence with the Earl of Bristol and Olivares but finding the contrary by a Letter to the Duke of the 28th of June which you may read in the Bishop of Litchfield's Life of Bishop Williams fol. 136. tit 146. and another of the 22d of July tit 155. fol. 147. where he in gentle manner informed the Duke as from the King himself how zealous the King was not only of fair Terms between the Duke and Earl but of a nearer Alliance This was such a piece of Impudence in the Keeper that the Bishop says in the next tit that it removed the Duke's Affections from the Keeper for ever nor could this State-Minister contain his Displeasure but wrote to my Lord Mandevile that the first Action he would imbarque himself in when he came home should be to remove the Keeper out of his Place And the next Crime of the Keeper was The Duke was afraid of his Wit See the Bishop tit 156. However this Counsel took such Effect with King James and he was so satisfied that he had no Colour of Title to make War against the King of Spain that when the Parliament after gave him three Subsidies and three Fifteens for the Recovery of the Palatinate and when he had raised an Army of 10000 Foot and 2000 Horse to be commanded by Count Mansfield the King not only made it a Condition that Mansfield with the Army should not commit any Hostility against any of the Dominions which by Right appertained to the King of Spain or the Infanta Isabella Princess of the Low Countries or the Spanish Netherlands and in case he did so from that time the King was not longer to continue Payment of the Army but also took an Oath of Mansfield to observe the Conditions So that how powerful soever the Duke was over King James yet in none of these Particulars could he obtain his End viz. in not prevailing upon the King to make War upon the King of Spain nor in removing the Lord Keeper nor in having the Earl of Bristol committed to the Tower After the breaking of the Spanish Match it was observed that King James's Temper was quite so altered that he forgot his Recreations of Hunting and Hawking at New-Market but whilst he was there he remained as in an Infirmary and in a Fit of Melancholy told the Earl of Carlisle that if he had sent Williams into Spain with his Son he had kept Hearts-ease and Honour both which he wanted See the Bishop of Litchfield lib. 1. tit 174. King James then began to look back upon his former Actions in having lost the Affections of his Subjects and now intangled in the Difficulties which he saw inevitably coming upon him charged the Prince often in the hearing of the Lord Keeper Williams to call Parliaments often and to continue them tho their Rashness sometimes did offend him That in his own Experience he never got any Good by falling out with them See the Bishop of Litchfield lib. 2. f. 16. tit 16. How well King Charles observed his Father's Advice in any of these nay how diametrically he went contrary and contrary to all good Advice given him in the very first Year of his Reign will soon appear and the miserable Effects which followed I have heard my Father tho not a Courtier yet acquainted with many Courtiers say that they would oft pray to God that the Prince might be in the right Way where he set for if he were in the wrong he would prove the most wilful of any King that ever reigned Tho all must stoop to mighty Buckingham yet that he might stand surer who must be his only Support but Laud Bishop of Saint Davids who from picking Quarrels in Lectures at Oxford and being an Informer before now is become Vice-gerent to Buckingham A List of all the eminent Men for Promotion in the Church is given in those whom Laud would have promoted were noted O for Orthodox and whom he liked not were marked P for Puritans these two stopt up both the King's Ears from any other Doctrines in Church or State but what was infused by them so early did King James's Prophecy to my Lord Keeper Williams when he was so importunate to have Laud preferred begin to be fulfilled
Months dead to be made the King's Chaplain in Ordinary to be thereby protected from Justice But if it be asked how it does appear that Laud was concerned in this Act and Promotion of Mountague I answer there is a threefold Reason to induce the Belief of it First the end for which this Book was wrote for Promotion of Arminian Tenets whereof Laud was so great a Stickler Secondly none else but Laud could have such an Ascendant in things of this kind and to cause to early a Promotion for such a piece of Service but Thirdly which clears the Question when the King's Necessities caused him to call another Parliament about six or seven Months after Laud fearing the Commons falling again upon Mountague as they did Laud sounded the King by Buckingham whether the King would leave Mountague to the Parliament and finding the King determined to do it in great Zeal said I seem to see a Cloud arising and threatning the Church of England God in his Mercy dissipate it as you may read in Rush f. 203. as if the questioning a seditious and a disobedient Fellow to his Superiour in the Church were a Cloud to threaten the Church of England If Laud was the first that sowed Dissension between the King and Parliament upon the Pretence of the Church of England Buckingham shall be the second upon the Account of the Church of Rome and herein you 'll see the Temper of Buckingham to any which should presume to give him good Counsel The Dissension between the King and Commons began with Mountague at London where the Plague than raged and all England over so that most of the Members shrunk away to flee the Danger of it and those that staid were in danger of their Lives This put the King into a marvellous Strait what to do for his Necessities as Buckingham managed Affairs and his being imbroiled in the Spanish War were such as the Subsidies granted the King his Father the last Year and those granted the King now could not support Hereupon the King calling a Council at Hampton-Court what to do the King proposed upon the 10th of July to adjourn the Parliament to Oxford which was mainly favoured by the Duke my Lord Keeper Williams opposed the Proposition for two Reasons First That the Infection had overspread the whole Land so that no Man that travelled from his own Home knew where to lodg in Safety that the Lords and Gentlemen would be so distasted to be carried abroad in so mortal a time that it 's likely when they came together they would vote out of Discontent and Displeasure that his Majesty was ill counselled to give Offences in the Bud of his Reign tho small ones Secondly the Parliament had given two Subsidies at Westminster tho they removed to Oxford it is yet the same Sessions and if they alledg it is not the Use of the House to give twice in a Sessions tho I wish heartily they would yet how shall we plead them out of Custom if they be stiff to maintain it It is not fit for the Reputation of the King to fall upon a probable Hazard of a Denial The Duke which heard this with Impatience said That publick Necessity must sway more than one Man's Jealousy The Keeper hereupon besought the King to hear him in private and acquainted the King That the Duke had Enemies in the House of Commons who had contrived Complaints and made them ready to be preferred and would spend time at Oxford about them And what Folly were it to continue a Sessions that had no other Aim but to bring the Duke upon the Stage But if your Majesty think that this is like an Hectick quickly known but hardly cured my humble Opinion is That the Malady or Malice call it what you will may sleep awhile after Christmas there is no time lost in whetting the Sithe well I hope to give an Account by that time by undertaking with the chief Sticklers that they shall supersede their Bitterness against your great Servant and that Passage to your weighty Counsels may be made smooth and peaceable But why said the King do you conceal this from Buckingham Good Sir said the Keeper fain would I begin at that End but he will not hear me with Moderation And because it was the Mishap of the Keeper to give the first Notice of this Storm that was gathering the Duke in Defiance bid him and his Confederates do their worst and besought the King that the Parliament might be continued and he would confront the Faction tho he looked upon himself in that Innocency that he presumed they durst not question him Buckingham's Will must be a Law so on the 10th of July the Parliament was adjourned to Oxford to meet the first of August But to sweeten them the Keeper in the Presence of both Houses in the King's Name promised them That the Rigour of the Law against Popish Priests should not be deluded Here see the Levity of the King and the Dominion Buckingham had over him for upon the 12th of July the King caused a Warrant to be sealed to pardon six Roman Priests When the Parliament met at Oxford the Speaker had no sooner taken his Chair but a Western Knight enlarges the Sense of his Sorrow that he had seen a Pardon for six Priests bearing test July 12th whereas but the Day before it when they were to part from Westminster the Lord Keeper had promised in the King's Name before them all that the Rigour against the Priests should not be deluded Hereupon the Members were in such a Heat that they strived who should blame it most What! their Hope 's blasted in one Night But for the Lord Keeper that brought the King's Message and knew it best and for a Bishop to set the Seal to such a Warrant for him to do wrong to Religion it was enormous Hereupon Mr. Bembo a Servant to the Clerk of the Crown confess'd he brought the Writ to the Keeper to be sealed but it was stopt Mr. Devike Servant to Sir Edward Conway brought it from his Master but it could not speed It was my Lord of Buckingham's hard Hap to move the King to command the Warrant to be sealed in his Sight at Hampton-Court the Sunday following The Commons hereupon turned about to clear the Keeper and commend him but what pleased the Parliament at Oxford did not please the Court at Woodstock where this had not pleased the King The Commons in this Heat desired a Conference with the Lords in Christ-Church-Hall in the Afternoon where Sir Edward Coke open'd the Complaint sharply against my Lord Conway and like an Orator did slide away with a short Animadversion upon the Duke the Commons enlarged hereon that the Duke that put the King upon this was the highest in the King's Favour and that all the important Places of Honour and Offices by Sea and Land were in his Disposal which you may read at large in the Life of the
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
might not another Parliament upon better Information alter what the Parliament 21 Jac. had done Which neither of these Parliaments did but granted and voted him and his Father greater Supplies than ever before were given to any of his Predecessors in three-fold the time But when the King enter'd into a View of his Treasure he found how ill provided he was to proceed effectually with so great an Action It seems by this one Action the King only designed the War against Spain But why does not the King set forth the Causes why his Treasure was so ill provided It was not ten Months before his Father's Death that the Parliament 21 Jac. which gave his Father three Subsidies and three Fifteenths was adjourned and his first Parliament gave him two Subsidies more within two or three Months after his Father's Death And what came of all this but the raising ten thousand Foot and two thousand Horse under Mansfield the Expedition against the Rochellers and to Cadiz to neither of which latter he was ever invited by his Father or any Parliament The King makes the â—lague to be the Cause of the Dissolution of the Parliament at Oxford yet he might as well have secured the Members by a Prorogation as Dissolution And in this Parliament he tells how the House of Commons voted him three Subsidies and three Fifteenths and after four Subsidies and three Fifteenths and of the Letter he sent them the 9th of June to speed the passing these Supplies and how that the House being abused by the violent and ill-advised Passion of a few Members never so much as admitted one Reading to the Bill of Subsidies but voted a Remonstrance or Declaration which they intended to prefer to him tho palliated with glossing Terms containing many dishonourable Aspersions upon his Majesty and upon the sacred Memory of his deceased Father which his Majesty taking for a Denial of the promised Supplies upon mature Advisement he dissolved them But from whence should this mature Advisement come We do not find the Privy Council had any hand in it and the House of Lords petitioned against it But lest the Credit of this Declaration should not find Faith enough against the Commons Representatives the King sends a Proclamation after it wherein he takes notice of a Remonstrance drawn by a Committee of the late Commons to be presented to him wherein are many things to the Dishonour of himself and his Royal Father of blessed Memory and whereby through the sides of a Peer of this Realm they wound their Soveraign's Honour and to vent their Passions against that Peer and prepossess the World with an ill Opinion of him before his Case was heard who hinder'd it had scatter'd Copies of it Wherefore the King to suppress such an unsufferable Wrong upon pain of his Indignation and high Displeasure commanded all who had Copies thereof to burn them But why was not the Duke's Cause heard and who dissolved the Parliament to prevent it Had not the Earl of Bristol answered every Particular of the King 's and Duke's Charge against him And was there not an Order of the House of Lords the Duke should answer the Earl's Charge against him Where is this Answer to be found and why was it not Now see the Justice of this King and how he made good his Promise in his Declaration that he would so order his Actions as should justify him not only in his own Conscience but to the whole World for the very Day the Parliament was dissolved he committed the Earl of Bristol Prisoner to the Tower and left the Duke free to pursue his ungodly Designs Here I 'll stay a little and add this Augmentation of Honour to the Escutcheon of this noble Earl notwithstanding this Usage For when the Long Parliament in 1640 had put a full Stop to the King 's Absolute Will and Pleasure which if it had not God only knows where it would have ended and after that this King's Flatterers and Favourites his Lord Keeper Finch and Secretary Winde-bank had run into other Countries to save themselves from being hanged in this and that the Earl of Manchester after he had flatter'd this King and his Father in all the Shapes of Earl Viscount Baron Lord Chief Justice Lord Privy Seal Lord Treasurer and Lord President of the Council and his Son and the Earls of Pembroke and Holland and both the Sir Henry Vanes Father and Son and Sir Henry Mildmay c. sided with the Parliament against the King yet this noble Earl followed the King in all his Adversity however he had been persecuted by him in his Prosperity The late Keeper as he gave his Opinion against the War with Spain in King James's Reign so did he against the Expedition against Cales in this King's Reign his Reason was which you may read in the second Part of his Life fol. 65. That the King must make himself sure of the Love of his own People at home before he bid War to such a rich and mighty Nation But the Keeper's Counsels were as much feared and hated by the Duke as Bristol's and the Commons Articles were against him and therefore he resolved to be rid of them all and pursue the King 's and his own Designs without any Controul and the very same Day the Parliament was dissolved he caused the Earl of Bristol to be committed to the Tower as you may see in Stow's Chronicle fol. 1042. Nor would he have his Renown and Valour less known abroad than his Justice at home and France shall now be the Theatre upon which he will act it in spight of Spain or the Parliament and Nation of England without whose Assistance he will act Wonders by his own Power and in Vindication of his own Honour however some Cause must be shewed by others since the Duke concealed the true Cause Rushworth fol. 427. makes the Causes of this War to begin between the Priests of the Queen's Family and the Bishops by Articles of Agreement upon the Marriage and that the Pope had declared them Apostates if they should seek for any Establishment from the King being an Heretick and that the Queen sided herein with the Priests against the King and that Unkindnesses hereupon grew between them so as the King informed his Brother of France he could no longer bear them And much to this purpose has Mr. James Howel in the Life of Lewis XIII fol. 75. But these were but Pretences for this War the Cause was of another Complexion And herein we will cite the Authority of the great Nani who had better Means to enquire into the Causes than either Rushworth or Howel and was not biass'd by Interest Affection or Flattery You have heard before of the Emulation between Richlieu and Buckingham and of their Inclinations for the Queen's Favour and of the Queen 's noble Aversions to them both but I think Nani was therein a little mistaken for if I be not misinformed as I think verily I
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
Particulars not in General Did you ever know the King's Message to a Bill of Subsidies all succeeding Kings will say You must trust me as well as you did my Predecessors and trust my Messages but Messages never came into a Parliament Let us put up a Petition of â—â—ight not that I distrust the King but that I cannot take his Trust but in a Parliamentary way Hereupon the Commons desired a Conference with the Lords which was managed by Sir Edward Coke who said My Lords it is evident what necessity there is both in respect of your selves and your Posterity to have good Success in this Business we have acquainted your Lordships with the Reasons and Arguments and after we have had some Conference we have received from your Lordships Propositions and it behoves us to give your Lordships some Reasons why you have not heard from us before now for in the mean time as we were consulting this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just Freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we shall find much Confidence in his Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever Subjects have done in former times 5. That whether we think fit either by Bill or otherways to go on in this great Business his Majesty would be pleased to give way tâ— it These gracious Messages did so work upon our Affections that we have taken it into deep Consideration My Lords what we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way would be our most secure way nay yours We did think it the safest way to go on in a Parliamentary Course for we have a Maxim in the House of Commons and written in the Wall of our House That old Ways are the safest and surest Ways And at last we did fail upon that which we think if your Lordships did consent with us the most antient of all and that is my Lords the Via fausta both to his Majesty to your Lordships and to our selves For my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis That is a high Point of Honour but this must be done by the Lords and Commons and assented to by the King in Parliament This is the greatest Obligation of all and this is for the King's Honour and our Safety Therefore my Lords we have drawn the Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous Consent of all the Commons and there is great reason your Lordships should do so for your Lordships be involved in the same Danger and then the Petition was read Upon the 20th of May the King wrote a Letter to the House of Lords wherein he said That as he had given leave to free Debates upon the highest Points of his Prerogative Royal which in the times of his Predecessors were ever restrained as Matters they would not have discussed yet he finds it insisted upon that in no Cause whatsoever he and his Council could commit without Cause shewed which if granted would dissolve the Frame of the Monarchy That as he had made fair Propositions to the Commons which might easily preserve the Liberty of the Subject so he thought good to let their Lordships know that without the overthrow of the Soveraignty he could not suffer his Power to be impeached yet that he will extend it beyond the just Rule of Moderation c. which he thought good to signify the rather to shorten the long Debates upon this great Question the Season of the Year being so far advanced and his great Occasions of State not lending many more days for the continuance of the Session The same day the Lords communicated the Letter to the Commons upon which Sir Thomas Wentworth said it was a Letter of Grace but the People will only like that which is done in a Parliamentary way and the Debate upon it would take up much time neither was it directed to the Commons and the Petition of â—ight would clear all Mistakes for some give out as if the House weâ—â— to pinch the King's Prerogative and so the Letter was laid aside These were while the Petition was in debate and before it was agâ—â—ed to by both Houses but after it was agreed upon the second of June the King came into the House of Lords and having sent for the Commons said Gentlemen I Am come hither to perform my Duty I think no Man can think it long since I have not taken so many days in answering your Petition as you have spent Weeks in framing it I am come hither to shew you that as well in formal Things as in essential I desire to give you as much Content as in me lies Then the Lord Keeper said MY Lords and ye the Knights Citizens and Burgesses of the House of Commons the King hath commanded me to say unto you That he takes it in good part that in Consideration of settling your own Liberties ye have generally professed in both Houses that ye have no intention to lessen or diminish his Majesty's Prerogative wherein as ye have cleared your Intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are most equal and known to be so These cannot be in a more happy State than when your Liberties shall be an Ornament and Strength of his Majesty's Prerogative and his Prerogative a Defence of your Liberties in which his Majesty doubts not but that both he and you shall take a mutual Comfort hereafter and for his part he is resolved to give an Example in using his Power for the Preservation of your Liberties that hereafter you shall have no cause to complain and that they here read their own Petition and his Majesty's gracious Answer Then the Petition was read to which the King answered The King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due Execution that his Subjects may have no cause to complain of any Wrong or Oppressions contrary to their just Rights and Liberties to the Preservation of which he holds himself in Conscience as well obliged as of his Prerogative This Answer no ways satisfied the Commons whereupon Sir John Elliot made a pathetick and lively Representation of the Grievances of the Nation within and of the Danger and Weakness of it by the Mismanagement and Abuse of the King's Ministers and therefore wished that it might so stand with the Wisdom and Judgment of the House that these Dangers and Grievances
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
Honour nor sit with Honour here That Man is the Grievance of Grievances let us set down the Causes of all our Disasters and all will reflect on him As for going to the Lords that is not via Regia our Liberties are now impeached we are concerned it is not via Regia the Lords are not participant with our Liberties Mr. Selden advised That a Declaration be drawn under four Heads First To express the House's dutiful Carriage to the King Secondly To tender the Liberties violated Thirdly To present what the House was to have dealt in Fourthly That that great Person viz. the Duke fearing to be questioned did interpose this Distraction All this time said he we have cast a Mantle on what was done last Parliament But now being driven again to look on that Man let us proceed with that which was then well begun and let the Charge be renewed that was last Parliament against him to which he made an Answer but the Particulars were sufficient that we may demand Judgment upon that Answer only In Conclusion the House agreed upon several Heads concerning Innovations in Religion the Safety of the King and Kingdom Misgovernment Misfortune of our late Designs with the Causes of them and when the Question was putting that it should be instanced that the Duke was the principal and chief Cause of all those Evils the Speaker came in and said that the King commands for the present that the House adjourn till to Morrow and that all Committees cease which was done accordingly And upon the 7th of June the King in Parliament passed the Petition of Right whereupon there was an universal Joy all over the City and the Commons returned to their own House with unspeakable Joy and resolved so to proceed as might express their Thankfulness and order the grand Committees for Religion Trade Grievances and Courts of Justice to sit no longer but that the House proceed only in Consideration of Grievances of most moment which was their Remonstrance to the King of the weak distracted and dangerous State of the Kingdom which was done in the most pathetick and humble manner which could be expressed and presented to the King in the Banqueting-House upon the 17th of June It 's very long and consisted of these six Branches 1. The Danger of the Innovation and Alteration of Religion This occasioned by First The great Esteem and Favour many of the Professors of the Romish Religion receive at Court Secondly Their publick Resort to Mass at Denmark-House contrary to his Majesty's Answer to the Parliament's Petition at Oxford Thirdly Letters to stay Proceedings against them Lastly The daily Growth of the Arminian Faction favoured and protected by Neal Bishop of Winchester and Laud Bishop of Bath and Wells whilst the Orthodox Party are silenced or discountenanced 2. Dangers of Innovation and Alteration in Government occasioned by Billeting Soldiers by Commission of procuring 1000 German Horse and Riders for the Defence of the Kingdom by a standing Commission granted to the Duke to be General at Land in time of Peace 3. Disasters of our Designs as the Expedition to the Isle of Rhee and that lately to Rochel wherein the English have purchased their Dishonour with the waste of a Million of Treasure 4. The Want of Ammunition occasioned by the selling 36 lasts of Gun-powder at low Rates 5. The Decay of Trade by the Loss of 300 Ships taken by the Dunkirkers and other Pirates within the three last Years 6. The not guarding the narrow Seas whereby his Majesty has almost lost the Regality Here note That none of these except Billeting of Soldiers which was yet continued were contained in the Petition of Right Of all which Evil and Dangers the principal Cause is the Duke of Buckingham his excessive Power and Abuse of that Power and therefore humbly submit it to his Majesty's Wisdom whether it can be safe for himself and Kingdom that so great Power should be trusted in the hands of any one Subject whatsoever It 's observable how cross the King set himself against the Commons in this Remonstrance for in the last Parliament when the Commons impeached the Duke and the Earl of Bristol exhibited Articles against him the King ordered the Attorney-General to exhibit an Information against the Duke in the Star-Chamber for the great Misdemeanours and Offences complained of against him by the Commons and Earl thereby to have stopt their Proceeding against the Duke in Parliament as he would have taken the Earl's Cause out of Parliament and proceeded against him by Indictment But the King hearing of this Remonstrance of the Commons against the Duke the Day before the Commons presented it viz. upon the 16th of June caused the Attorney-General to take the said Information and all the Proceedings to be taken off the File for that his Majesty was fully satisfied of the Duke's Innocency in all those things mentioned in the Information as well by his own certain Knowledg as by the Proofs taken in the Cause This was the first Fruit the Parliament and Nation reaped by the Petition of Right Now let 's see the next and whether the Commons deserved such a Censure as the King made upon them at the Prorogation of the Parliament After the Commons had presented a Remonstrance of their other Grievances to the King they then took into Consideration the preparing a Bill for granting his Majesty a Subsidy of Tunnage and Poundage as might uphold the King's Profit and Revenue in as ample a manner as their just Care and Respect of Trade would permit But this being a Work of Time and would require much Time and Conference with Merchants and others and being often interrupted by Messages from the King and the Shortness of Time limited by the King for concluding this Sessions and fearing the King might be misinformed of this Particular they were forced by the Duty which they owed to his Majesty to declare That there ought not any Imposition to be laid upon Goods of Merchants exported or imported without Common Consent by Act of Parliament For Manifestation whereof they desired his Majesty to understand That tho the Kings of this Realm had often Subsidies granted them upon divers Occasions especially for guarding the Seas and Safeguard of Merchants yet the Subjects have been ever careful to use such Cautions and Limitations in these Grants that they did proceed not from Duty but the free Gift of the Subjects and that heretofore they used to limit a time for such Grants and for the most part but short as for a Year or two and at other times it has been granted upon occasion of War with Proviso that if the War ended in the mean time then the Grant should cease and of course it has been sequestred into the hand of some Subject to be employed for Guarding of the Seas very few of the King's Predecessors had it for Life until the Reign of Hen. VII who was so far from conceiving he had any Right
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
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
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
see what Fruits the Petition of Right passed but the Year before had and the King 's repeated Declarations to maintain the Laws of the Land and the Liberty and Property of the Subject But if this Prince has not kept his Word for the time past he will keep it he says for the time to come in the Declaration he made for the Dissolution of this last Parliament I do not find the Date of it yet it begins with the usual Prologue However Princes are not bound to give an account of their Actions but only to God In this the King says nothing of the Eyes of all Christendom being upon him but tells how the Aids granted this last Parliament were for Payment of his Fleet and Army and that with part of those Monies he began to supply his Magazines and Stores and to put his Navy into a constant Form and Order and that notwithstanding the Provocations of evil Men whose Punishment he reserves to a due time he will maintain the Established Religion and Doctrine of the Church of England and the antient and just Rights and Liberties of the Subject Yet as he will maintain the Subjects Rights so he expects that they yield as much Submission and Duty to his Royal Prerogative and as ready Obedience to his Authority and Command as had been performed to any of his Predecessors Then wills his Ministers not to be terrified by the harsh Proceedings strained against them for as he will support them by his Authority and Prerogative so he expects they should obey him and that he will receive the Customs and the Duty of Five in the 100 and if any factious Merchants refuse to pay they shall be assured he will find honourable and just means to support his Estate and Soveraignty and preserve the Authority God had put into his Hands and for this his Subjects ought to acknowledg their own Blessedness and for the same to be thankful to God the Author of all Goodness For this you must take the Prince's Word for the next twelve Years But being thus great and happy at Home let 's see what is doing Abroad The War against France was not more inconsiderately begun about two Years before than the Peace made with it was secret The first time it was made known was when the French King besieged Privas he proclaimed the Peace with his good Brother of England The Reformed were astonished and confounded that the King of England who brought them into the War should leave them out of the Peace Hereupon Privas surrenders so does Castres and Nismes the great Rohan is forced to submit and disband The Power of the Reformed thus rooted up and while the King of England is making War against the Members of Parliament Richlieu marches with an Army into Italy and takes Salusses and Pignerol from the Duke of Savoy Richlieu having thus secured the King of England took no less care that the Empire should not put a stop to the swelling Ambition of his Master and to this purpose enters into a Confederacy with the Protestant Princes of Germany to call the King of Sweden in to Germany who next Year entred into it where for eighteen Years the French Protestant Princes joining the Swede a most dreadful War was raised all over Germany so as the French had no cause to fear any Danger thence on the contrary they took Brisac and other Places and had opportunity to wrest Lorain from that Duke But King Charles prospering as he thought in his Domestick War having taken more Prisoners in it I mean the Members of Parliament and Constables of Hertfordshire than his Father and he had done in all their Wars against France Spain and the Empire for the recovery of the Palatinate was very unwilling to enter into a Foreign and therefore in a kind of petitioning way sends Sir Henry Vane his Ambassador to the King of Sweden to take care of the Patrimony of his Brother but with no better Success yet in a more rough scornful and dishonourable manner than his Father's Ambassadors had with the Emperor But that he might seem to do something the King sent Marquess Hamilton with 6000 Men to assist the Swede who tho every-where else victorious yet this Army under Hamilton had worse Success than that under Mansfield being starved and mouldred away almost to nothing and yet fought not at all and being reduced to two Regiments the King of Sweden would not permit King Charles to name the Officers See Whitlock's M. f. 15. and Franklin's Anno 1630. The ill Success of Hamilton's Army put the King out of all Conceit of prosecuting any Foreign War and therefore wholly makes it his Business to make himself more Absolute at Home There is but one Rub in the way viz. the great Prop of the Church the Arch-bishop of Canterbury Abbot a Prelate of most eminent Learning whose upright Integrity stood as an unshaken Rock against the Innovations both in Church and State which were now so fiercely push'd on by the Arminians I find but little Action in this Year 1631 things were only preparing to what followed yet altho Arch-bishop Abbot was living the Torrent run so high in the University of Oxford that several of the Members were proceeded against and censured for Sermons preach'd against Arminianism and expell'd the University and the Book of Sports and Pastimes upon the Lord's-day was republished Judg Richardson was so hardy as to repress them but the Bishops took this as an intruding upon the Ecclesiastical Power and Bishop Laud complained thereof to the King and the Judg was check'd for it See Whitlock's Memoirs fol. 16 17. But in the Year 1632 this Reverend Prelate died and thereby left room for Laud the Fire-brand of Arminianism to take Possession Before we see what follows let 's look back upon what went before He being of a restless aspiring Temper in the beginning of King James his Reign got to be Chaplain to Mountjoy Earl of Devonshire and to shew he would be great upon any account he marries the Earl to the Lady Rich tho her Husband was then alive and had many Children by her viz. Robert then Earl of Warwick and Henry Earl of Holland which Act so displeased King James that the Earl fell into his Displeasure and tho Laud hanker'd near twenty Years after the Court to get Preferment principally under the Countenance of Neal Bishop of Winchester yet the King would never endure to hear of it But at last by the Importunity of Neal and others Williams Bishop of Lincoln and Lord-Keeper was prevailed upon to intercede for him without any Success till at length the Keeper told the King It would be hard to serve a King who could not forgive one Fault At last he got the King to prefer Laud to the Bishoprick of St. Davids but he had not been scarce one Year in his Bishoprick before he became Williams his bitter Enemy and Prosecutor as you may read in the second Part
write a Mercenary Treatise called Mare Liberum wherein he will not allow the King to have any Title to the Soveraignty of the British Seas or his Subjects any more Right to fish in them than the Dutch or any other Nation But how consistible this Treatise is to Truth Antiquity the sacred Scriptures or to Grotius himself or to the Practice of his Country-Men is now fit to be enquired into And since I have as well as I can asserted the Laws and Constitutions of my Country at home I will with that Sincerity that becomes an English-man endeavour to vindicate the Honour of it abroad especially in our King's Soveraignty of the British Seas which Grotius so absurdly in his Mare Liberum endeavours to rob them of An Answer to Grotius his Mare Liberum wherein is shewed how often he contradicts himself how ignorant he is in all Principles and Methods in Reasoning and how impossibly contrary his pretended Arguments are to Sacred History and all antient Authority But before we enter hereupon it 's fit to see how the Case stood before Grotius wrote his Mare Liberum as well in reference to the King of England's Claim as how the Case stood between the King and Dutch when Grotius wrote his Mare Liberum And that we may avoid the endless Confusions which Grotius above all other Writers abounds in I require these Premises First That God made all things in the Waters as well as upon the Earth for the Use of Man Secondly That no Man upon the Waters as well as on the Earth did live out of Society Thirdly That in Society the Offices of commanding and obeying are necessary Fourthly That Anarchy is as abhorrent among Men upon the Waters as upon the firm Land and as impossible for Men to subsist in the one as in the other Fifthly Piracy by Sea is a Crime equal to Theft by Land Sixthly Killing a Man by Sea without lawful Authority is a Crime equal to Murder by Land Note Grotius answers not one of these Principles nor shews by any Authority when or where the Dominion of the Seas was by Usurpation Whereas the contrary has been practised by Kings and States as old as there are Records of any times but only feigns Premises not only contrary to the Authority of sacred History and all Antiquity but such as are absurd blasphemous and impossible considering the Nature of Man But these are not said in his Mare Liberum but in his Preface and Treatise of War and Peace So that to have answered these in this Treatise would have swelled it to a much greater Bulk than intended but if God please I shall hereafter answer these in a Treatise by it self The Principles thus premised we proceed to enquire what Soveraignty the Kings of England have claimed in the British Seas bordering upon England and Ireland since that Kingdom became subject to the Crown of England and leave it to unbiassed Readers whether the Kings of England claimed any thing contrary to any of these Premises The Claims which the Kings of England make to the Soveraignty of the British Seas are threefold 1. To protect their Subjects in all their just Employments upon the British Seas from all Hostility by Enemies whereof the Fishing in these Seas are the chief 2. To prevent Hostility by other Nations in these Seas 3. To receive an Acknowledgment from all Nations for their Protection in these Seas by striking their Flag in Submission to the King's Men of War which protect them By this Dominion of the British Seas the Kings of England more secure their Subjects from foreign Invasion than any other Potentates in the World how great soever their Territories are can do I will not swell this Treatise with what Mr. Selden Sir John Burroughs Mr. Camden and others have written of the Kings of England being possest of these Rights by immemorial Prescription and of the Maritime Laws they have made as well in reference to their Subjects as Foreigners nor of the Treaties they have made with Foreign Princes and the Compositions they have made for Licence to fish in the British Seas before the Dutch Government was formed into States nor was ever these Rights disputed by any of them before Grotius did this Year Nor is this Dominion in the Seas new in the World but as old is any Records of Time for of old the Egyptians Phenicians and Athenians enjoyed it and set Bounds to other Nations how far they would permit Nations to trade in them Sir Walter Rawleigh in his History of the World at large sets forth the long Wars between the Romans and Carthaginians in the first Punick War for this Dominion and the Romans being often beaten by the Carthaginians resolved to desist further Contention herein till they found that it was to little purpose to strive to extend their Dominion by Land if the Carthaginians were Masters at Sea So that the Dominions of the Seas which beat upon the Shores of Princes are not new or only usurped by the Kings of England but used by other Princes and States of old From more antient to descend to more recent times the Veâ—etians claim the Soveraignty in the Adriatick Gulf tho the Venetian Territories on either side of it are not one sixth part of it and cause all Ships even of the King of Spain and Great Turk whose Territories on both sides the Gulf are fivefold more than the Veâ—etians to pay Customs and other Duties In the Year 1630 Mary the Sister of the Queen of Spain being espoused to the Son of the Emperor Ferdinand the Vice-Roy of Naples provided a great Fleet to transport her to Triesti but tho the Venetians were involved in a War abroad and infected with a Plague at home they would not permit it but conveyed her by a Fleet of their own See Jo. Palatius de Dom. Maris l. 2. c. 6. In the Year 1638 a Turkish Fleet entring the Gulf without Licence was assaulted by the Venetian Admiral who sunk divers of their Vessels and forced the rest to fly to Valona and there besieged them tho the City and Port were in the Dominion of the Great Turk yet tho a dangerous War was like to have ensued hereon the Venetians rather than lose their Dominion insisted on their Right and concluded an honourable Peace with the Turk wherein it was agreed That as often as any Turkish Vessels did without Licence enter the Gulf it should be lawful for the Venetians to seize upon them by force if they would not otherwise obey see the Justification of the second Dutch War by K. Charles II. pag. 58 and the Grand Signior prohibits all Nations except his Vassals to enter the Euxine or Black Sea as also the Red Sea Dr. Stubbe in his Justification of King Charles the Second's Dutch War pag. 126. says the Danes and Norwegians would not permit either Fleming or English to fish near Schetland without Licence previously obtained and if any presumed
how to erect a High Commission Court in Scotland by the King's Authority without Consent in Parliament for proceeding against such as would not submit to the Common-Prayer Book and Canons enjoined by the King and Bishops of Scotland and upon the 28th of February the Arch-bishop consecrated Dr. Manwaring Bishop of St. Davids a worthy Successor to so Saint-like and pious a Predecessor for this Bishoprick was Laud's first Preferment You have seen his Grace of Canterbury's Temper towards the King's Subjects now see how it was towards the King His Grace being as high as England could admit viz. Metropolitan and first Peer thereof would visit both Universities by his Metropolitan Right and not by Commission from the King and signified so much to both to which both answered That to admit it without a Warrant from the King was a Wrong to the Vniversities his Grace was Chancellour of Oxford and the Earl of Holland of Cambridg The Cause came to a hearing before the King and Council the 21st of June 1634 where the Attorney General Banks was for his Grace against the King Mr. Gardener the Recorder of London â—or Cambridg and Serjeant Thyn for Oxford the Cause was shortly this Both sides agreed in this that both Universities were of the King's Foundation and so might be visited as they had often been by Commission from the King But this would not do with his Grace he would to use his own Words visit by his own Right Serjeant Thyn urged against this the King's Foundation of the University of Oxford and that never any Arch-bishop so visited But the Recorder could not say so of Cambridg which happened upon this Occasion In the Reign of Richard the Wickliff's Doctrine prevailed much in both Universities and Arundel then Arch-bishop of Canterbury as zealous to suppress the Wicklevites as Laud was the Puritans to suppress them did visit Jure Metropolitano but Oxford opposed him forti Manu Upon this Arundel appeals to the King who being a weak Prince and as zealous for the then Church as King Charles was for Laud's declares the Right to be in the Bishop so did Henry the 4th the Current running against Wickliff which was after confirmed in Parliament but Cambridg was not in it Yet never before did any Arch-bishop visit Oxford nor Cambridg since the Year 1404 Jure Metropolitano as his Grace would do and so the Cause went for the Arch-bishop Plum'd thus in his own Feathers all black and white without one borrowed from Caesar whereby the more he assumes to himself the less he leaves the King he now soars higher the Bishops of the Province of Canterbury in their own Names enjoin the Removal of the Communion Table in the Parish-Churches and Universities from the Body of the Church or Chancel to the East of the Chancel and cause Rails to be set about the Table and refuse to administer the Sacrament to such as shall not come up to the Rails and receive it kneeling that the Book of Sports on Sundays be read in Churches and enjoin Adoration I do not find that Adoration was ever enjoined before nor any of the fore-named Injunctions in any Canon of the Church sure I am they were never publickly put in Execution so that whether these were any of the Canons of the Church or not was not understood by one of 10000 and the Lecturers Chaplains and School-masters who had no Maintenance from the Church being principally struck at by these Injunctions make all the sinister and worst Constructions they could invent against them so that though those Injunctions had been founded in the Canons of the Church yet the contrary was believed and so had the same Effect as if they had not been founded in the Church-Canons Here I cannot omit one Passage That several were deprived by the Bishop's Authority for refusing to read the Book of Sports on Sunday Whereas King James the 2d allowed the seven Bishops a legal Trial for refusing to enjoin the Clergy to read his Declaration for Liberty of Conscience and the Bishops were acquitted That the Legality of these Proceedings might be manifest a Proclamation was issued out that it was the Opinion of the Judges that the Act of the 1 Edw. 6. 2. which ordains that Bishops should hold their Ecclesiastical Courts in the King's Name or by Commission from him was repealed by the 1st of Queen Mary though this Act was repealed by the 1 Jac. 25. and so the Act 1 Edw. 6. 2. was revived and so resolved upon a full Debate in Parliament 7 Jacobi The Thunder of those Canons the terrible and unheard of Execution of them in the Star-Chamber against all Opposers by Speech or Writing so terrified the Puritans which would not submit that incredible Numbers of them left the Kingdom to inhabit in foreign Plantations especially in New-England where these Ecclesiastical Canons could not well play upon them But to restrain the further Evasion of them the King by Proclamation the 30th of April 1638 stops all the Ports of England to keep them in it The Reason was no doubt that they might be better instructed in the Doctrine and Discipline of the Church of England here than elsewhere But Ship-Money notwithstanding my Lord Keeper Coventry's Charge to the Judges last Year that in their Circuits they should give Charge how justly the King required Ship-Money for the common Defence and with what Alacrity and Chearfulness they the Subjects are bound in Duty to contribute yet this did not pass-for true Doctrine with all for Mr. Hambden upon Advice with Holborn St. John and Whitlock denied the Payment whereupon several other Gentlemen refused also Hereupon the King was advised by the Lord Chief Justice Finch to require the Opinion of his Judges which he did in a Letter to them and after much Solicitation by the Chief Justice promising Preferment to some and highly threatning others whom he found doubting he got from them in Answer to the King's Letter and Case their Opinion in these Words We are of Opinion that when the Good and Safety of the Kingdom in general is concerned and the whole Kingdom in danger you may by your Writ under the Great Seal of England command all your Subjects of this your Kingdom at their Charge to provide and furnish such number of Ships with Men Victuals and Ammunition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from Peril and Danger And that your Majesty may compel the doing thereof in case of Refusal or Refractoriness And we are also of Opinion that in such Case your Majesty is sole Judg both of the Danger and when and how the same is to be prevented and avoided This Opinion was signed by Davenport Denham Hutton Croke Trevor Bramston Finch Vernon Berkly Crawley and Weston See Whitlock ' s Memoirs f. 24. The King having previously extorted the Judges Opinions exparte gave order for the Proceedings against Mr. Hambden in the
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
Never was Nation shuffled into such unhappy Circumstances for to join the King was to return to his Prerogative Royal and Absolute Will and Pleasure and I have oft heard several of those who followed the King in the War say They as much dreaded the King's overcoming the Parliament-Party as they feared to be overcome by them And the Houses had broken the Fundamental Constitution of the Nation so as no Man could tell where they would stay Now are things brought to that pass Richlieu design'd them viz. England and Ireland in Civil Wars and Scotland Pensioners to France so as he might now securely carry on his Designs of advancing the Grandeur of France without any Fear of Disturbance from hence And now you may see the miserable Condition the King's Minions and Favourites had brought upon the King and all his Kingdoms Yet it is observable how great the Loyalty of the Nobility and Gentry was to the King that from so low Beginnings in all Appearance they would have subdued the Parliament-party if the Scots next Year had not come to their Assistance whereas in the Reigns of Edward the 2d and Richard the 2d though the Grievances of the Nation were more in one Year of this King's Reign than in both their Reigns yet both were expelled and lost their Lives their Subjects not drawing a Sword in their Defence An Apology BEfore we enter upon the War between the King and Parliament it will not be amiss to enquire into the Causes of it and who first began it and whether the King or Parliament or both designed it And I am the rather induced hereto because I am told that I have unjustly charged the Parliament with beginning the War and that the contrary appears by a Treatise written by Tho. May Esq of the Causes and Beginning of the Civil Wars in England So that the Question between us is not who first designed the War but who began it But because Designations and Intentions precede Action I will begin so far as appears to me Whether the King or Parliament first designed this War or whether it were not intended by both And give me leave to shew a little of Mr. May's Partiality in the Business I say Mr. May is partial where page 13 he says after the Pacification made with the Scots 1639 that when the King came to London his Heart was again estranged from the Scots and Thoughts of Peace he commanded by Proclamation that Paper which the Scots avowed to contain the true Conditions of the Pacification to be disavowed and burnt by the Hands of the common Hangman So that he makes the Scots Parties and Judges in their own Case without mentioning the Articles of the Pacification or what the Scots avowed to contain the true Conditions of it We will therefore set forth the Articles of the Pacification and let another Judg whether the Scots observed them or had any Thoughts of Peace The Articles were 1. The Forces of Scotland to be disbanded within 24 Hours after the Agreement 2. The King's Castles Ammunition c. to be delivered up 3. His Ships to depart after the Delivery of the Castles 4. All Persons Ships and Goods detained by the King to be restored 5. No Meetings Treaties or Consultations to be by the Scots but such as shall be warranted by Act of Parliament 6. All Fortifications to desist and be remitted to the King's Pleasure 7. To restore to every Man their Liberties Lands Houses Goods and Means The Articles were signed by the Scots Commissioners and a present Performance of them on their Parts promised and expected The King justly performed the Articles on his part but the Scots kept part of their Forces in being and all their Officers in pay and the Covenanters kept up their Fortification at Leith and their Meetings and Councils and inforce Subscriptions to the late Assembly at Glasgow contrary to the King's Declaration they brand those who had taken Arms for the King as Incendiaries and Traitors and null all the Acts of the College of Justice as you may read in Mr. Whitlock's Memoirs f. 29. So that tho the King performed all the Articles of Pacification on his Part the Scots performed not one on their Part. Nor did the Scots stay here but published a Paper very seditious against the Treaty which is that which Mr. May speaks of I do not find the Copy of it but even Mr. Whitlock no great Friend to the King's Cause calls it so Nor did the Scots stay here but levied Taxes at ten Marks per Cent. and made Provision for Arms as you may read in Sir Baker's History f. 408. and more at large in the second part of Rushworth's Collections and all this before the King commanded the Scots Paper to be burnt by the Hand of the Common Hangman And therefore the King justly commanded the Scots Paper to be burnt by the Hand of the common Hangman And Mr. May says The honest People of both Nations began to fear another War But why does Mr. May say the honest People began to fear another War Was it honest in the Scots to break all the Articles of the Pacification to keep their Forces in a Body and their Officers in Pay contrary to the Pacification to raise Taxes and make Provision of Arms and after all these honest Men to begin to fear another War Mr. May goes on and says The King in December told the Council he intended to call a Parliament in England in April following But rational Men did not like it that it was deferred so long and that the Preparations for a War in Scotland went on in the mean time The last part is gratis dictum by Mr. May nor does he mention any Preparation for a War in any one particular nor do I find this said by any other But admit the King had made Preparation for a War with Scotland yet by all Laws of God and Man the King might justly have done it after the Scots had broken all the Articles of Pacification kept an Army on foot against it levied Taxes by their own Authority and made Provision of Arms without the King's Authority which besides the Perfidiousness of the Scots is Treason in the highest degree And I would be glad to be informed by what other means the King could vindicate his Honour or relieve his oppressed Subjects otherwise than by a War Mr. May goes on and says They these rational Men were likewise troubled that the Earl of Strafford Deputy of Ireland a Man of deep Policy but suspected Honesty one whom the King then used as a bosom Counsellor was first to go into Ireland and call a Parliament in that Kingdom And what then Why might not the King call a Parliament in Ireland as well as in England or Scotland And if these rational Men did not like it as he says that a Parliament should be deferred so long in England why should these rational Men be so troubled that the King
should call a Parliament in Ireland Nor does Mr. May give any Reason why they should be so troubled Besides Mr. May says The King at that time had broken up the Parliament in Scotland which the Scots complained of the Business of State depending as a great Breach of their Liberties and against the Laws of that Kingdom So here again Mr. May makes the Scots Parties and Judges in their own Cause and is not ingenuous in thus charging the King at random and not shewing what Business of State was then depending It 's fit therefore to shew what Business of State was then depending before Mr. May's rational Men should be so troubled at the King 's breaking up the Parliament The Scots having as before said violated all the Articles of Pacification on their part and persecuted the Loyal Scots expresly contrary to the Pacification as Incendiaries and Traitors levied Taxes provided Ammunition of War and kept an Army on foot The Parliament over and above these formed these Demands to be made to the King 1. That Coin be not medled with but by Advice in Parliament 2. That no Stranger be to command or inhabit in any Castles of the King 's but by their Advice 3. That no Honour be granted to any Stranger but such as have a competency of Land-Rent in Scotland 4. No Commissioner or Lieutenancy but for a limited time And next they protest against the Precedency of the Lord Treasurer and Lord Privy Seal as not warranted by any positive Law See Baker 408. These were the Businesses of State which Mr. May speaks of which added to what the Scots usurped before I would know what Regality would be left for the King and a Reason why Mr. May's rational Men should be so troubled for the King 's dissolving the Parliament Mr. May drives on and says Upon which they sent some Lords into England to intreat the King for a Redress of such Injuries as they had received since the Pacification which were that the Parliament was broken up before any Business done If they made it their Business to divest the King as they did of his Rightful Regalities the King had reason therefore to break them up That Edinburgh Castle was garison'd with far more Soldiers than was needful So here the Scots are Parties and Judges in their own Cause and you need not doubt but that so many Soldiers as shall be able to defend the Castle shall be judged by the Scots to be more than is needful That Dunbritton Castle was garison'd by English Soldiers And why might not the King do it for the English as well as Scots were his Subjects But I dare say if these had been the honest rational English-men May speaks of neither he nor the Scots would ever have complain'd of it That the Scots which traded to England and Ireland sure they mean Pedlars prohibited by Law were enforced to take new Oaths contrary to their Covenant and altogether contrary to the Articles of Pacification Whereas their Covenant is a new Oath contrary to their Allegiance And if there were any such new Oaths why do neither the Scots nor Mr. May name them or if any such were imposed that was so far from being altogether contrary to the Articles of Pacification that I say they were not contrary to any one Article of the Pacification unless the Scots or Mr. May could make new Articles of Pacification and other than those before mentioned The King Mr. May says imprisoned those Lords sending one of them the Earl of Lowden to the Tower and commanded a Charge of High Treason to be drawn against him concerning a Letter which the Scotish Covenanters had written to the King of France French King had been as well for his Assistance and Lowden had subscribed it But the Accusation was frivolous easily answered and came to nothing because these Letters were not sent at all and besides it was before the Pacification upon which an Oblivion of all things were agreed So here are two impertinent and frivolous Answers to excuse a most treasonable and rebellious Conspiracy to bring in a foreign Power into Scotland for it was subscribed by Rothes Montross Lesley Marre Montgomery Lowden and Forrester under the Title of Au Roy or our King to Lewis 13. The first is That those Letters were not sent at all because they were intercepted by the Earl of Traquair the King's Commissioner in Scotland If Mr. May had not been a Christian yet the very Heathen by the Light of Humane Nature could have informed him that Scelus intra se tacitum qui cogitat ullum Facti Crimen habet And if Conspiracies of Rebellion and Treason against Princes shall be esteemed frivolous unless they evade into Actions Princes and States too would be in a very unsecure state and all Counsel and Endeavours to prevent them would be vain and frivolous and I say here was a double Overt-Act in this Conspiracy one the Conspirators Meeting the other the Subscribing the Paper The other Answer That the Pacification was after the Subscription and so there was an Oblivion upon it But the Pacification was reciprocal between the King and Scots and if the Scots first broke the Pacification as they did let them take all that followed and therefore the King had no Reason to perform his Part nor the Scots to complain if the King had hanged and quartered Lowden The War Mr. May says p. 16. went on the Earl of Strafford commanding in Chief the Earl of Northumberland not being in Health who was appointed General But if Mr. May had been ingenuous and impartial he should have told on which Side the War began which he does not but only says the Scots had not been backward for having been debarred of their Trade and lost their Ships by Seizure they entred England with an Army expressing their Intentions in writing to the English and bringing with them a Petition to the King Admit all this to be true the Scots should first have represented this to the King and what was their Loss by being debarred of their Trade and the Value of their Ships so seized and upon Denial to have granted Letters of Reprizal till they had recovered Satisfaction but of this Mr. May says not one Word nor do I find or believe the Scots ever did demand Satisfaction before they entred England in open Hostility and in Defiance of the King and English Nation and for the Manner of bringing their Petition to the King it was without Precedent or such as never was done by any other People for they entred England and maintained their Army by Plunder and Rapine upon the English and when Lesley came to Newborn upon Tine he craves leave of my Lord Conway ordered by the King to guard the Pass there to pass with his Petition to the King which my Lord Conway granted with a considerable Number but not with his Army Hereupon Lesley who had the Night before planted nine Pieces of Cannon on
King was knowing of both one was to have delivered the Earl of Strafford out of the Tower but Sir William Balfour the Lieutenant would not consent to it Here note The King made Balfour a Scot Lieutenant of the Tower one of the greatest Places of Trust in England without any Complaint of the Parliament whenas the Parliament of Scotland in their second Demand made to the King would have no Stranger to command or inhabit in any Castles of the King 's without their Consent The other part of this Treason chief of all the rest But why all when but two Mr. May says was a Design to bring up the English Army which was in the North and not yet disbanded this Army they had dealt with to engage against the Parliament's sitting and as they alledg to maintain the King's Prerogative Episcopacy and other things against the Parliament it self This Charge is so false as well as partial as no Man who had any regard to Truth Honesty or Fairness would have so expos'd himself for if the King's Prerogative be not maintain'd he can neither govern his Subjects nor protect them from Foreign Enemies and Episcopacy is one of the Constitutions of the Nation and how the maintaining these can be against the Parliament had need of a wiser Head than Mr. May's to shew But these two are not all Mr. May says but there were other things against the Parliament if there had been other things I do not think Mr. May would in Modesty have conceal'd them but since Mr. May has not given the Causes of this chief Treason I will do it and not follow Sir Richard Baker nor Franklin lest they should be deemed to be partial to the King's Cause but Mr. Whitlock whom no Man believes to be so who fol. 44. b. says June 19th It was voted that the Scots should receive 100000 l. of the 300000 l. the Scots by a Paper pretended Necessity for 125000 l. in present the Parliament took off 10000 l. of 50000 l. which they had appointed for the English Army and order'd it for the Scots The Lord Piercy Commissary Wilmot and Ashburnham Members of Parliament sitting together and murmuring at it Wilmo◠stept up and said That if such Papers of the Scots could procure Monies he doubted not but the Officers of the English Army would soon do the like and this caused the English Army to say The Parliament had disobliged them The Officers put themselves into a Juncto of sworn Secrecy and drew up some Heads by way of Petition to the King and Parliament for Money for the Army and not to disband before the Scots to preserve the Bishops Votes and Functions and to settle the King's Revenue The Army tainted from hence met and drew up a Letter or Petition which was shewed to the King approv'd and signed by him with C. R. and a Direction to Captain Leg that none should see it but Sir Jacob Ashley it should have been Astly the main drift was That the Army might be call'd up to attend the Safety of the King's Person and Parliament's Security or that both Armies might be disbanded Where is this chief Treason lodg'd unless in Mr. May's Brain Or where is the King's Prerogative mention'd But as the Times then went Mr. May took liberty to say what he list to humour them the Scots must be obey'd in whatsoever they demand and it must be chief Treason in the English to petition Mr. May p. 32 33. will have the King 's going into Scotland to be a Design to raise War against the Parliament of England and to that end tells a Story of a Scots Writer that published that it was to engage the Scots against the Parliament of England with large Promises of Spoil and offering Jewels of great Value for Performance of it but he names not the Scot and leaves it uncertain for the Reader to judg by what fell out afterward But if he the King did it was a matter of great Falshood Mr. May says having as yet declar'd no Enmity against the English Parliament From the same Author he says it was to make sure of those Noblemen of that Kingdom he doubted of as not willing to serve his turn against England and true it is that about September Letters came to the standing Committee at Westminster that a Treasonable Plot was discovered there against the greatest Peers of the Kingdom but says not which Kingdom upon which the standing Committee fearing some Mischief from the same Spring placed strong Guards in divers Places of the City of London But in all this the Fox is the Finder and Mr. May as partial and false as in all he said before The truth was Jealousies and Fears were fomented by the Parliamentarians and even by the Members themselves against the King and Royalists But Mr. Whitlock tho of like Affection with Mr. May yet a much more impartial Representer of the Actions of those Times fol. 49. a. represents it thus The Marquesses of Hamilton and Argyle withdrew from the Parliament in Scotland upon Jealousy of some Design against their Persons but upon Examination of that matter by the Parliament there it was found to be a Misinformation yet the same took fire in our Parliament upon the Surmises of some whereupon the Parliament here appointed Guards for London and Westminster and some spake 〈◊〉 without Reflection upon the King The Royalists charge the Parliament at least the Commons with a Design to raise War against the King and to make him odious to the People after he had granted all the Parliament desired of him and given up those whom they call'd evil Counsellors to their Justice for their Remonstrance of the State of the Kingdom after the King's return out of Scotland which because of the Extraordinariness of it we will recite it verbatim as is said by Mr. Whitlock f. 49. b. The House of Commons prepared a Remonstrance of the State of the Kingdom wherein they mentioned All the Mistakes Misfortunes Illegalities and Defaults in Government since the King 's coming to the Crown the evil Counsels and Counsellors and a malignant Party that they have no hopes of settling the Distractions of this Kingdom for want of a Concurrence with the Lords This Remonstrance was somewhat roughly penn'd both for the Matter and Expressions in it and met with great Opposition in the House insomuch as the Debate of it lasted from three a Clock in the Afternoon till ten next Morning and the sitting up all Night caused many of the Members through Weakness or Weariness to leave the House and Sir B. R. I think he means Sir Benj. Rudyard to compare it to the Verdict of a starv'd Jury When the Vote was carried tho not by many to pass the Remonstrance Mr. Palmer and two or three more made their Protestation against this Remonstrance for which they were sent to the Tower This Remonstrance was presently printed and published by the Parliament contrary to the King's Desire
Kingdoms of England Scotland and Ireland and Destruction upon the King when is was not in the Power of those which first raised the War against him to save his Life which they would have done I am told that the last Part of this Paragraph is an unjust Charge upon the Parliament in that they acted defensively in this War and that the King first raised Arms and this by the Authority of Mr. May. If I be mistaken I have the Authority of him who could best know I mean the King at his Death who declared That he never did begin the War with the two Houses of Parliament as all the World knows that they began with him it was the Militia they began upon they confest that to be his but they thought fit to have it from him and to be short if any body will look into the Dates of those Commissions theirs and his and likewise to the Declarations they will see clearly that they began these unhappy Troubles not he See Whit. Mem. f. 369. a. and all the Writers of those times If this be not Authority sufficient to shew the Parliament began the War the first Scuffle between the King and Parliament was about the Business of Hull where the Parliament had committed the Charge of the Town and Magazine to Sir John Hotham one of the Members of the Commons who was sent down thither to remove the Magazine to London but the Country of York petitioned it might still remain at Hull for securing the Northern Parts especially the King residing there Hereupon the King taking a Guard of his Servants and some Neighbouring Gentry upon the 23d of April went to Hull but contrary to Expectation found the Gates shut and the Bridges drawn up by Sir John and his Entrance denied though but with 20 Horse which so moved the King that he proclaimed Hotham a Traitor and sends to the Parliament for Justice against him To this the Parliament return no Answer but justify Sir John Hotham and order that the Sheriffs and Justices of the Peace do suppress all Forces which shall be raised or gathered together against Hull or to disturb the Peace nor did they stay here but put the Power of the Militia in Persons nominated by them excluding the King in ordering any thing together with them and authorized Hotham by his Warrants to raise the trained Bands in Yorkshire to march with their Arms into Hull where he disarmed them and turned them home again See Whit. Mem. f. 55 56. So I submit this to Judgment whether this was not raising Arms against the King being done by Subjects and contrary to the King's Command and if the King did encrease his Guards yet this was subsequent to the excluding the King from having Power in the Militia and Hotham's Raising Arms and Disarming the Trained Bands of Yorkshire Mr. May says p. 55. the Parliament being then intent upon settling the Militia by Land took care also to seize the Navy into their Hands and ordered the Earl of Warwick to be Admiral to put this in Execution but the King had chosen Sir John Pennington to that place instead of the Earl of Northumberland and sent a Command to the Earl of Warwick to resign the Place to him Pennington But the Earl chose rather to obey the Ordinance of Parliament and with great Courage and Policy got the Fleet into his Hands tho many of the Captains stood out against him but the Earl deprived them of their Commands and possest himself of the Ships taking shortly after another Ship called the Lyon of great Import coming out of Holland and laden with Gun-power which proved a great Addition to his Strength So here was a double Beginning of the War by the Parliament both in seizing the Fleet and taking the Lyon and this before the King committed any Act of Hostility And for the carrying on this War which Mr. May calls the Cause the Parliament upon the 10th of June made an Order for bringing in Money and Plate to raise Arms for the Cause and the Publick Faith for Repayment to them which brought it in So here the Parliament raised Money as well as Forces for carrying on the War before the King levied any And so I leave it to Judgment who first began the War Objection The Parliament raised Arms for their own Defence and Security of the Nation Answer This is said but of no kin to Truth or Reason for Men defend what they are possest of and the King was possest of the Militia and Fleet when the Parliament ravish'd both from him nor did the King use either against the Parliament when they invaded them Besides the King at least as he declared endeavoured to defend the established Religion and Laws of the Land whereas the Parliament contended to abolish the Established Religion and to exalt themselves above the Laws of the Land Objection 2. That the King had so often violated the Laws and Constitutions of the Nation and governed so Arbitrarily that the Parliament could have no Security for the future to prevent his so doing again so long as the King was possest of the Militia Answer The Case was not the same then when the King resolved to have no more Parliaments as now when the King had made this Parliament perpetual and had passed the Triennial Bill for Parliaments to meet whether he would or no And tho Favourites and Flatterers instill'd those things into the King when they were without any Fear or Apprehension of being questioned by a Parliament yet now the Parliament had so severely prosecuted and punished such Men and being perpetual or at least to meet Three Years after every Dissolution none would presume to advise the King in things derogatory to his Honour and the Interest of the Nation And now we proceed to the ensuing War The Parliament before the King set up his Standard at Nottingham Aug. 22 Voted That an Army should be raised for the Defence of the King and Parliament that the Earl of Essex should be Captain General of the Army and the Earl of Bedford General of the Horse The War began first between the Marquess of Hartford for the King in the West and the Earl of Bedford for the Parliament the Earl being worsted by the Marquess at Sherborn-Castle Goring got into Portsmouth and held it for the King but could not hold it long for the Country joining with Sir John Meyrick forced him to surrender who thereupon went into Holland and my Lord Say St. Johns and Weemen with Colonel Whitlock enter Oxford and keep it for the Parliament But the Face of Affairs soon changed for the King having made the Earl of Lindsey his General and the Parliament the Earl of Essex upon the 23d of October the Armies met and fought at Edghil with uncertain Victory which both sides claimed the Earl of Lindsey was mortally wounded and taken Prisoner the Right Wing of the King's Horse commanded by Prince Rupert brake the Left
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
Name originally was not Cromwel but Williams and the Name of Cromwel was by this Accident When Cromwel Earl of Essex fell in the Reign of Hen. 8. he had Cromwel's Ancestor in his Service who was a Person of lively Parts and industrious in Business which Hen. 8. observing took him into his Sereice but upon all occasions call'd him Cromwel and the King being ask'd the Reason answer'd He call'd him so in Cromwel's time and would continue to call him so still and this continued down to Sir Oliver's and our Cromwel's time Our Oliver being of a turbulent and aspiring Disposition his Father 's contracted Fortunes could not support his Extravagancies whereby he was like to have fallen into those Troubles which usually attend such Follies and to prevent them he sets up for New-England where he becomes a most zealous Promoter of their Cause But this could not long continue him there for in their first planting themselves they were poor so as he could not find Means and Opportunity to support his Extravagancies and so back he came again into England About the Year 1638 the Undertakers to drain the Fen-Lands in Lincolnshire and the Isle of Ely set up this Undertaking was mainly opposed by the Town of Cambridg fearing it would spoil their Navigation between Cambridg and Lyn-Regis whence Cambridg was supplied with Sea-Coal Wine and other Provisions When the Writs were issued out for calling the second Parliament in 1640 Oliver sets up to be chosen Burgess for the Town of Cambridg assuring them that if he were chosen he would make it his Business to overthrow the Project of draining the Fens But tho by this Project he got to be chosen yet after he became Protector he most industriously promoted the Project of draining the Fens But tho Cromwel was of a turbulent and aspiring Spirit yet before the Civil Wars broke out in England he was not conversant in any Military Discipline nor indeed of any other Learning or just or lawful Calling His Person was of a robust and coarse Complexion his Face red so was his Nose I fancy like the Roman General Sylla's great and straked with blew Veins In promoting his Cause and Interest he was most industrious and indefatigable These Qualities were observed and feared by some both of the King 's and Parliament's Party before they came to be publickly known and put in Execution I 'll give an Instance or two hereof When the King summoned the Members of Parliament of his Party to meet at Oxford in January last Williams Arch-bishop of York was likewise summoned with whom the King privately consulted what Course was best to be taken in the present Circumstances of his Affairs the Arch-bishop advised him by all means to come to an Agreement with the Parliament for since the Scots were come into England in such numerous Armies and the English of the Parliament's Party in these two last Years having acquired a Military Knowledg it would in all appearance be impossible for the King long to withstand their Forces but above all he advised the King to get Cromwel over to his side if possible otherways to take him off by any means or he would be the King's Ruin as you may read more at large in the second Part of the Bishop of Litchfield's Life of Williams Nor was Cromwel less terrible to the Earl of Essex and the Scots Commissioners than to the King's Party so that one Evening the Earl and several of his Confidents viz. Mr. Hollis Sir Philip Stapleton and Sir John Meyrick and others with the Scots Commissioners were in Consultation how to get rid of Cromwel and sent to Serjeant Whitlock and Maynard about it who came and Essex told them that he sent for them to have their Advice and Counsel upon a Matter of great Importance concerning both Kingdoms in which the Lords Commissioners of Scotland are concerned for their Kingdom as we for ours and they as well as we know your Abilities and Integrity and are desirous of your Counsel in this great Business which both the Serjeants promised faithfully to give But here take notice That as the English Parliament call'd those who were opposite to them Malignants so the Scots call'd those opposite to them Incendiaries At the Desire of Essex the Chancellor of Scotland Lowden spake as followeth Mr. Maynard and Mr. Whitlock I Can assure you of the great Opinion both my Brethren and self have of your Worth and Abilities else we should not have desired this Meeting with you And since it is his Excellency's Essex his Pleasure that I should acquaint you with the Matter upon whilk your Counsel is desired I shall obey his Commands and briefly recite the Business to you You ken vary wee le that Gen. Lieutenant Cromwel is no Friend of ours and since the Advance of our Army into England he has used all under-hand and cunning Means to take off from our Honour and the Merits of this Kingdom an evil Requital of all our Hazards and Services but so it is and we are nevertheless fully satisfied of the Affections and Gratitude of the gude People of the Nation in general It is thought requisite for us and for carrying on the Cause of the twa Kingdoms that this Obstacle or Remora be removed out of the way whom we foresee will be no small Impediment to us in the gude Design we have undertaken He not only is no Friend to us and the Government of our Church but he is also no well-willer to his Excellency whom you and we have all Cause to love and honour and if he be permitted to go on this way it may I fear endanger the whole Business therefore we are to advise of some Course to be taken for Prevention of this Mischief You ken vary wee le the Accord betwixt the twa Nations and the Vnion by the solemn League and Covenant and if any be an Incendiary between the twa Nations how he is to be proceeded against Now the Matter is wherein we desire your Opinions what you take the meaning of the Word Incendiary to be and whether the Lieutenant General be not sike an Incendiary as is meant thereby and whilk Way wad be best to proceed against him if he be proved sike an Incendiary and that we may clepe his Wings from soaring to the Prejudice of our Case Now you may ken That by our Law in Scotland we clepe him an Incendiary wha kindleth Coals of Contention and raiseth Differences in the State to the Publick Damage and he is Tanquam Publicus Hostis Patriae Whether your Law be the same or not you ken best who are mickle learned therein and therefore we desire your Judgment in these Points Mr. Whitlock answered first and after a short Preface said The Sense of the Word Incendiary is the same with us as your Lordship has expressed to be by the Law of Scotland One that raiseth the Fire of Contention in a State that kindleth burning hot Flames
Lesley gave all for lost But the Prince as he did before at Edghill pursuing the Enemy too far gave an Opportunity to Sir Thomas Fairfax to rally his Men and joining with Cromwel's Regiment of Lobsters armed with Pot Back and Brest fell upon the Right Wing of the King's Army and routed them and also the rest of the King's Foot destitute of Horse and obtain'd a compleat Victory In this Fight above 7000 were slain 3000 of the King's part taken Prisoners and 25 Ordnance 47 Colours 10000 Arms two Waggons laden with Carabines and Pistols 130 Barrels of Powder with all the Bag and Baggage After this the Parliament's Generals returned to the Siege of York and summoned it which was delivered up to them by Sir Thomas Glenham and the Marquess of Newcastle went beyond Sea Thus was all the North reduced to the Parliament by the fatal Rashness of the Prince who might have avoided the Fight and joined with the Marquess of Montross and Col. Clavering who were with 6000 Foot within two Days march of him The North thus subdued upon the Matter Essex by the Perswasion of my Lord Roberts marches into the West but a different Fate attended him For the King followed him and joining with Prince Maurice followed Essex into Cornwal where he block'd up all the Avenues so as Essex must either fight or be starv'd but in regard that the King had possest himself of all the Passages Essex could not fight without an apparent Hazard of the Loss of his Army However Sir William Balfour with 2300 Horse brake through the King's Army and got to Salt-Ash and from thence to Plimouth which held for the Parliament Now were the Parliament's Foot in a wretched State the King closely pursuing them and the Countrey People rising upon them Hereupon Essex deserts them and with divers of his Officers by Sea got to Plimouth leaving Skippon to take care of the rest who upon the 2d of September capitulated to deliver up to the King all their Artillery with all the Bag and Baggage no Person under a Corporal to wear any kind of Weapon all Officers above to wear only Sword and Pistol And so Skippon marched to Pool which was in the Parliament's Power The Ill Success of Essex in this Expedition was the Cause of Essex his Fall tho the Parliament at present seemed to be otherwise disposed and of the Rise of Cromwel as we shall observe Whilst these things were doing in the North and West other Actions of less Consequence happened Sir Thomas Middleton having taken Mountgomery-Castle the King's Forces advanced in a much greater Body to retake it whereupon Sir Thomas retreated But being joined with Sir William Brereton Sir John Meldrum a Scot and Sir William Fairfax returned and charged the King's Party and took Prisoner M. G. Broughton Lt. Col. Bludwel M. Williams nine Captains many inferiour Officers and 1500 common Soldiers Of the Parliament's Party Sir William Fairfax was slain with Eleven Wounds Maj. Fitz-Symons and about 40 Souldiers and 60 wounded Monmouth Town and Castle were surprized by Massey with the Loss only of Six Men. Lieut. Gen. Lesley in the North fell upon the Forces commanded by Sir Philip Musgrave kill'd divers upon the Place and took 100 Prisoners My Lord Herbert Son of the Earl of Worcester was beaten by Massey who killed 50 and took 60 Prisoners and Massey fell upon a Party of the King 's near Beachy killed 70 and took 170 Prisoners and Col. Charles Fleetwood took two Troops of the King's Horse near Belvoir Castle From these lesser Actions we now advance to tell of Greater The Parliament's Army every where victorious in the North Lesley had now an Opportunity to return to New-Castle which he summoned to yield which being refused he stormed and took it by Force whereupon Sir John Marlay the Mayor and others fled to the Castle and would have capitulated but were denied and so were forced to surrender at Discretion But how successful soever the Parliament's Forces were in the North after the Fight at Marslon-Moor the King reaped but little after the Parliament's Foot had delivered up their Arms in the West for Essex having joined Manchester and Waller resolved to hinder the King's Return to Oxford and upon the 23d of October rendezvouz'd the Army at Aldermaston-Park and next Night privately passed the Water at a Ford near Padworth and next Morning to Bucklebury-Heath near Newberry where the King then was and about 12 a Clock drew down their whole Army between Thatcham and Shaw and skirmished with the King's Horse Manchester's Troops and the London Train'd-Bands crossed the River Kennet between Newberry and the Hill and forced the King's Party which kept the Pass from thence with some Execution but Sir Bernard Astley Son of Sir Jacob or the Lord Astley coming to their Rescue forced the Parliamentarians back again In the Afternoon 4000 of Essex and Waller's Horse and Dragoons with 500 Foot charged the King's Forces on the West of Newberry and forced them to retreat in some Disorder and some of the King's Field-Pieces were taken Essex followed the Success and charged the King's Life-Guard whom he overpowered and had much more endamaged if the Lord Bernard Stuart had not come to their Assistance and secured their Retreat but the Parliamentarians every way advancing beat the King's Army out of the Field with the Loss of many Colours and two Pieces of Cannon Sir Anthony St. Leger Lieutenant-Colonel Leak Lieutenant-Colonel Topping and Captain Catclyne elder Brother of Sir Nevil Catclyne my worthy Friend were killed and the Earl of Cleveland and some few others taken Prisoners If the King's Affairs succeeded so ill in the West they did worse in the North for Leverpool submitted to the Parliament and Lesley had Tinmouth-Castle a Place which hereafter he shall be better acquainted with tho not in the Quality of a General of an Army but a Prisoner surrender'd upon Articles After this Janus's Temple was shut this Year if you begin it at January And now a Treaty of Peace at Vxbridg is set on foot at the Desire of the King but no Success attended it This Year tho the Princes Rupert and Maurice followed the King in his Wars against the Parliament yet the Elector Palatine Frederick their elder Brother petitioned the Parliament that he might come over and take the Covenant which tho at first they refused yet afterwards they admitted him and allowed him 8000 l. per Annum out of my Lord Petres and other Delinquents Estates and so he continued till after the Treaty at Munster 1648 where he led a Life not becoming a Prince in Adversity The Treaty of Peace at Vxbridg not succeeding the Parliament took the Town of Shrewsbury which as it is one of the most famous of all the Towns of England so it stopt on that part the Entercourse of Wales with the Counties of Salop Chester and Worcester But to throw a little Water into the Wine of the Parliament's
writing and out of these and Leo ab Aitzma a most faithful Collector of the Treaties of Peace and War and Commerce between the Princes and States of his time and sometimes before Dr. Stubbe hath I believe faithfully set out this Treaty of Peace between the English and Dutch and therefore tho but in Epitâ—me I shall take him for my Guide herein The Rump did not refuse to treat of a Peace upon just and honourable Terms but not in Holland or any Neutral Place nor would they condescend to any Treaty before Holland made the first Overtures in Writing Whereupon the States of Holland upon the 18th of March by their Secretary Herbert Van Beaumont sent the Rump a canting and equivocal Letter wherein I cannot find one Categorical Proposition and wherein the sacred Name of God is more rent and torn than I can find in any of our Enthusiasts of their Zeal for the Reformed Religion much endanger'd by this War and the Joys the Enemies of it conceived thereby and of their Desire of preventing the further Effusion of Christian Blood and carried on by a pious Zeal and in no wise constrained by any other Consideration That Consideration may be had what may be done for the Honour and Glory of God and the good of each State whereupon without doubt the good God for his Name sake and by the Inspiration of proper and fit Expedients will give his Blessing c. Which Letter you may read at large in Stubbe's Vindication p. 78 79. and in Leo ab Aitzma p. 816 817. The Rump having got this Letter and to make a further Distraction in the States General sent an Answer the first of April 1653 to the States of Holland and a Letter to the States General that to the States of Holland was That the Inconveniences to Religion in general and to the Trade and Liberties of each Nation were such as any man might have foreseen and that none could be ignorant how requisite it was for both Nations to preserve a good Correspondence and Amity together that the English had not omitted any thing on their parts but the Dutch had assaulted them in the midst of a Treaty for a strict Vnion and their Ambassadors had used such Tergiversation as made them justly imagine that their sense of things was different from what they now professed That the good Endeavours of the Parliament were answered with unusual Preparations Acts of Hostility and other extraordinary Proceedings thereupon That they had this Comfort and Satisfaction in their own Minds amidst the Troubles and Calamities of War that they had with all Sincerity done what lay in their Power to obviate all the Evils specified That they did look upon the Overtures of Holland if approved by the States General to be an effectual means for composing this unwelcom War however the Parliament having discharged their Duty would with Patience acquiesce in the Issue of Providence whereof they had so gracious Experience That to the States General was That there could be no doubt of the sincere Affection and good Will which the English did bear to the United Provinces so that it might be well imagined that they were really inclined by just and honourable means to extinguish the Fire of War stop the Effussion of Christian Blood and restore Amity between the two Nations That as they had not been wanting in the Beginning to prevent the ensuing Calamities so they were not altered with Successes from their former good Intentions That they were ready upon the Grounds expressed in the Letter from the Provincial States of Holland and Friezland friendly to compose Differences c. This Letter had the desired Effect of the Rump for the rest of the Provinces complained that Holland had broke the Union which that State would have salved by a manifest Lie in denying they ever wrote such a Letter However the rest of the Provinces fearing the Calamity would be common to them all if the War continued did consent to a Treaty of Peace with the Rump However the Rump in their Letter to the States refused to give them any other Title than the States General notwithstanding the Title of High and Mighty obtained at the Treaty of Munster not five Years before nor did they assume this Title when they returned their Answer to the Parliament of the Commonwealth of England To these Letters the States General returned this Answer to the Parliament of the Commonwealth of England That they always endeavoured with a good and sincere Intention not only to keep but to augment more and more all manner of Friendship and Correspondence with the said Parliament and would now do any thing that might contribute to so pious and Christian an Vnion desiring a Neutral Place and Plenipotentiaries might be appointed forthwith on both sides But before this Answer was returned a new face of things happen'd in England for Oliver had turn'd out the Rump and set up for himself How this came about and what Steps Cromwel took to do this is now fit to be enquired into Herein I take the Confidence to say that as the Covenanters subduing the Royalists was the Cause of the Ruin of the Covenanting Parliament so was Cromwel's Victory over the King at Worcester the Ruin of the Rump for Cromwel after that Fight having nothing to do set his whole Thoughts how he might tho not under the Title of King usurp the Dominion of these Kingdoms already subdued by the Rump and the Rump improvidently enabled him to do it when upon the 16th of June 1650 they constituted Cromwel Captain-General and Commander in chief within Ireland as well as England which you may read in Whitlock's Memoirs pag. 511. a. You have heard how Cromwel felt the Pulse of the Lawyers and Soldiers for the Establishment of the Nation and how the Lawyers were of Opinion that no Settlement could be made without some mixture of Monarchy and that it was â—it that the Duke of Glocester should be intrusted with something of a mixt Monarchy and that Cromwel's Opinion was really that a Settlement with somewhat of a mixt Monarchy would be very effectual but this somewhat of a Settlement of mixt Monarchy he reserved for himself but herein he found three Rubs and Rump the Duke of Glocester and Monk in Scotland who I verily believe had a great Awe upon Cromwel whereupon to remove these two latter in February 1652 he got the Duke of Glocester to be sent beyond Sea and about the same time or a little before sent for Monk into England and found him pliable to Cromwel's Design of setting up himself but to cover this he made Monk one of the three Admirals at Sea with Blake and Dean tho Monk was wholly ignorant of Sea Affairs These two Rubs thus removed only the Rump stood in Oliver's way to set up himself but before he discover'd this openly he enter'd into a long Dialogue with Commissioner Whitlock which you may read at large in
his Memoirs fol. 523 524 525 526. wherein Cromwel takes notice as well as Whitlock of the Danger of a Victorious Army lying idle in Peace more than in War and of their murmuring in not being rewarded according to their Deserts and that the Army had a strange Disgust against the Parliament for their Pride Ambition Self-seeking engrossing all Places of Honour and Profit to themselves and Friends and their daily breaking forth into new and violent Factions their Delays in Business and Design to perpetuate themselves their medling in private Matters contrary to the Institution of Parliament their Injustice and Partiality in those Matters and the scandalous Lives of some of the chief of them so that unless there be some Authority so full and high as to restrain and keep things in better Order and that may put a stop to these Exorbitancies it will be impossible in humane Reason to prevent our Ruin Whitlock magnifies Cromwel's Government of the Army yet finds great Difficulty how he could reform the Parliament he being subordinate to them and having taken his Commission from them and hopes the greater part of the Members are not such as Cromwel says when great Matters come before them Cromwel answered My Lord There is little hopes of a good Settlement by them really there is not but a great deal of fear that they will destroy again what the Lord hath so graciously done for them and us we all forget God and God will forget us and give us up to Confusion and these Men will help it on if they be suffered to proceed in their ways some Course must be taken to curb and restrain them or we shall be ruin'd by them Whitlock answered We our selves have owned them the Supreme Power and taken our Commissions from them and how to restrain them after this will be hard to find out Cromwel What if a Man should take upon him to be King Whitlock I think the Remedy worse than the Disease Cromwel Why do you think so Whitlock As to your own Person the Title of a King would be of no Advantage because you have the Kingly Power in you already concerning the Militia as you are General as to the Nomination of Civil Officers those whom you think fittest are seldom refused and tho you have no Negative Vote in passing Laws yet what you dislike is not easily carried and the Taxes are already settled and in your Power to dispose the Moneys raised and as to the foreign Affairs tho the Ceremonial Part be to the Parliament yet the Expectation of good or bad Success is from your Excellency and particular Solicitations of foreign Ministers are made to you only So that I apprehend indeed less Envy and Danger but not less real Opportunities of doing Good in your being General than it would be if you had assumed the Title of King Whitlock after enlarged himself How dangerous it would be to Cromwel to assume the Title for that the main Controversy between us and our Adversaries is to be established in a Monarchy or a Free State and most of our Friends have engaged with us upon the Hopes of a Free State and to that end have undergone all their Hazards and Difficulties if then your Excellency shall take upon you the Title of a King this state of your Cause will be thereby wholly determined and Monarchy established in your Person and the Question will be no more whether our Government shall be by a Monarch or Free State but whether Cromwel or Stuart shall be our King After Whitlock desired his Excellency to consider his Condition viz. You are environ'd with secret Enemies upon your subduing the publick Enemy the Officers of the Army account themselves all Victors and have had an equal share with you The Success which God hath given us hath not a little elated their Minds and many of them are turbulent and busy Spirits and are not without their Designs how they may dismount your Excellency and some of them get into the Saddle how they may bring you down and set up themselves They want not Counsel and Encouragement herein it may be from some Members of Parliament who may be jealous of your Power and Greatness lest you should grow too high for them and in time over-master them and they will plot to bring you down first or to clip your Wings Cromwel thank'd Whitlock for his good Advice then ask'd him What were his Thoughts for Prevention of the Mischiefs which hung over our Heads Whitlock advised him to make a private Treaty with the King of Scots whereby he did not doubt but in the Condition the King was in but Cromwel might secure himself and Friends and might make himself and Posterity as great and permanent to all humane Probability as ever any Subject and provide for his Friends as well as secure our spiritual and civil Liberties Cromwel heard him and seem'd displeas'd and brake off the Discourse and his Carriage to Whitlock from that time was altered Notwithstanding the manifold Pretensions of the Dutch and Rump wherein God's sacred Name was so often exposed to cover their Hypocrisy of sincere Love and Friendship of either State to one another and of their Zeal for Propagation of the Honour of God and encreasing the true Reformed Religion neither State trusted the other but made all imaginable Preparations for carrying on the War and the Rump for Encouragement of the Seamen order'd them some Pay before-hand and Subsistence for their Families in their Absence and that for every Ship which shall be adjudged good Prize 40 l. per Tun and 6 l. for every Piece of Cannon taken or found in Prize-Ships and 10 l. for every Piece of Cannon which should be taken on board of any Ship they should take or fire to be distributed to the Seamen according to their Qualities and that whosoever should enrol themselves in the Parliament's Service within 40 Days should receive a Month's Pay not to be passed upon Account and Hospitals provided for sick and wounded Men. This was in Jan. 1652. Cromwel's Ambition to be uppermost could no longer be supprest but now the Rump being the only Obstacle he first set the Officers of his Army to bait the Rump which they did with the Words Cromwel put in their Mouth and which he before declared to Whitlock During these Commotions Doleman and Hugh Peters set on by the Dutch did make very submissive Applications to the Council of State and Rump confessing they were not able to contest with the Puissance of England offering to acknowledg to the English the Sovereignty of the British Seas and to pay 300000 l. to the Rump but the Dutch above all things dreading the Rump animated Cromwel with the Promise of a far greater Sum in case he would depose the Rump See Stubbe pag. 81. If the Dutch dreaded the Rump the Rump did not less dread Cromwel and therefore made their Application to Monk for Protection but failed for Cromwel
had gained him before and he discovered all to Cromwel and that he had no Concern for them nor Obligation to them as you may see in Dr. Gumble's History of Monk ' s Life pag. 73. So that Monk was not now of the same Mind as he was afterward when Lambert turn'd the Rump out of doors All other Obstacles thus removed and Cromwel heightned in his frantick Resolutions by the Expectation of Mountains of Gold from the Dutch upon the 20th of April with a Party of Soldiers with him marched to the House and led a File of Musqueteers in with him and the rest he placed at the Door of the House in the Lobby and entring the House in furious manner bid the Speaker leave the Chair and told the House That they had sat long enough unless they had done more Good I could have told him they had done two good Deeds for him one in taking away the King's Life to let him into his Throne the other that they had made him General to enable him to turn them out of doors That some of them were Whore-masters looking towards Henry Martin and Sir Peter Wentworth That others of them were Drunkards and some corrupt and unjust Men and scandalous to the Profession of the Gospel and that it was not fit they should sit any longer as a Parliament and desired them to go away But the Speaker not stirring from his Seat Col. Harrison took him by the Arm to remove him from his Seat which when the Speaker saw he left the Chair Some of the Members rose up to answer Cromwel but he would suffer none to speak but himself He bid one of the Soldiers Take away that Fool 's Bawble the Mace and stay'd himself till all the Members were out and then caused the Doors to be shut up We will look upon this Act in a threefold Consideration viz. In the Doers to whom done and in the Manner of it 1. The Doers were the Rump ' s Servants raised by the Rump and no ways provoked by the Rump So little do Benefits received by ill Men create any Obligation of Gratitude in those who receive them 2. The Rump were a Parliament which were impowered to make War or Peace or were not if they were not then Cromwel and his Assistants Commission from the Rump to judg the King to Death and all the Acts of Hostility which they did during these Wars were Murder or Rapine but if they were a Parliament who might grant Commissions in War and make Laws then Cromwel and his Assistants were greater Rebels and Violators of the Liberties of the Nation than either the Irish or Scots were against the King or the Royalists against the Parliament for the Irish and Scots pretended Grievances and Oppressions against the present Powers whereas Cromwel and his Assistants pretended not one categorical Complaint against the Rump and the Royalists foâ—ght to preserve the Establish'd Laws and Constitutions of the Nation which Cromwel and his Assistants did not Besides herein Cromwel and his Assistants assumed a Power above Regal in deposing the Rump if it were a Rightful Parliament which the King could not do without their Consent 3. For the Manner of Cromwel's Deposing the Rump it was so barbarous and rude as I do not think you will find the like among the most Savage People unless it were when Cromwel and his Agents deposed the Secluded Members Yet sure there was a Divine Justice in both for as the Covenanting Members expelled the Royalists for not taking the Covenant or joining with them in the Innovations which the Covenanters brought into the Church and State so Cromwel and the Rump expelled them for their Covenanting and set up themselves instead of them and now Cromwel does the like by the Rump to exalt himself Thus by their own mercenary Servants and not a Sword drawn in their Defence fell the Haughty and Victorious Rump whose mighty Actions will scarcely find Belief in future Generations and to say the Truth they were a Race of Men most indefatigably industrious in Business always seeking for Men fit for it and never preferring any for Favour nor by Importunity You scarce ever heard of any revolting from them in England Scotland or Ireland during their time except by the Levellers 1649. See Whitlock's Memoirs fol. 385 386 387. No Murmur or Complaint of Sea-men or Soldiers employ'd by them either by Sea or Land for want of Pay In all the Ports of England during the Dutch War Money or Credit was found to pay off the Sea-men whenever their Ships were designed to be laid up Nor do I find they ever press'd either Soldiers or Seamen in all their Wars And as they excelled thus in their Management of Civil Affairs so it must be owned they exercised in Matters Ecclesiastick no such Severities as either the Covenanters or others before them did upon such as dissented from them And as the Rump were thus industrious and victorious in War so were they not negligent in reforming the Abuses in the Practice of the Common Laws and to that end in October 1650 order'd that all the Books of the Laws be put into English and that all Writs Process and Returns thereof and all Patents Commissions Indictments Judgments Records and all Proceedings in Courts of Justice shall be in the English Tongue and not in the Latin or French or any other Language See Whitlock's Memoirs fol. 459. a. The Rump further ordered a Committee for regulating the Law and the Committee reported the Draughts of several Laws viz. 1. The taking away Fines upon Bills Declarations and Original Writs 2. Against Customary Oaths of Fealty and Homage to the Lords of Mannors 3. For taking away common Recoveries and unnecessary Charge of Fines and to pass and charge Land intailed as Lands in Fee Simple 4. For more speedy Recovery of Rents 5. Touching Pleaders and their Fees 6. For more speedy regulating and easy Discovery of Debts and Damages not exceeding 4 l. and under See Whitlock ' s Mem. fol. 504. a. Whether the Rump passed these into Laws I do not find but if they did not they might have done if Cromwel had let them alone and they sat not four Years and three Months But how industrious and victorious soever the Rump was in War they were not so wise in Counsel by making the Act of Navigation and tho we have before demonstrated the manifold Mischiefs and Inconveniences which this Law has brought upon this Nation and shall more particularly hereafter if God pleases in Answer to those Reasons which Sir Josiah Child and Sir Francis Brewsier pretend in Defence of it yet it 's fit that we here shew how that the Rump was mistaken as well in the End as Causes of this Law If we look upon Britain it is an Island and divided into two Kingdoms England and Scotland and both these Kingdoms before they were united under one King viz. James I. by immâ—morial Prescriptions were possessed of
enter on the other The Baron in the 2d Article or Chapt. says the moving Cause of the Peace was The Desire of the Good Quiet and Ease of the Subjects of both Kings The Object was To put a period to so many Mischiefs the Effect To forget and extinguish all the Causes and Motives of the Wars past and to establish a sincere entire and durable Peace between the Kings and their Successors For attaining these Ends the Spaniard insisted that these Points were necessary viz. The Infanta's disclaiming all her Right and Title to the Kingdom of Spain or any of its Dominions that the French should not directly or indirectly assist the Portuguese in their War against Spain and by the by That the Prince of Conde should be restored to all the Estate and Governments he enjoyed before he joined with the Spaniard against Mazarine and his Faction and that the Duke of Lorain should be restored to his Dutchy with all the places which he had possest in the Bishopricks of Metz Toul and Verdun The Articles of the Infanta's Renunciation were soon agreed to reciprocally but that of abandoning the Portuguese stuck at present the French having so lately made an Offensive League with the Prince Regent And that the Treaty might be agreed without the French abandoning of Portugal the French proffered the Restitution of all the Places conquered from Spain during the War but promised more than they could perform for Dunkirk and Mardike were not in their power and also other Countries and entirely to restore the Prince of Conde But without abandoning Portugal nothing was to be done and so the French King did promise and oblige himself upon his Honour and in the Faith and Word of a King for himself and his Successors not to meddle any more in the Affair of Portugal nor to give to it either in general or to any Person or Persons of it in particular of what Estate Dignity or Condition at present or hereafter any Aid or Assistance publick or secret directly or indirectly of Men Arms Ammunition Victuals Ships or Money under any Pretext nor of any thing that is or can be by Land or Sea or any other fashion nor permit any Levy to be made in any part of his Dominions nor grant free Passage to those who shall come out of other Countries which shall come to help the Realm of Portugal And was signed by the King Mazarine Clergy and Nobility of France Towards the End of this Treaty K. Charles II. about the End of November the Differences between Monk and the Officers of the English Army being in the highest Ferment came to it that his Concerns might be concerted in it he was received by Don Lewis de Haro that Spanish Minister with as much Honour and Veneration as if possest of all his Kingdoms but negligently and slightly by Mazarine and the French Ministers And sure the Indignity here offer'd to his Person and the Industry of Bourdeaux at London in endeavouring to keep him from being restor'd would have made another not to forget these about 5 or 6 Months after But if the King's Restoration came not from some other place he might have waited long enough for it here for France would not and Spain could not assist him A DETECTION OF THE Court and State of England DURING THE REIGN OF K. CHARLES II c. BOOK IV. CHAP. I. This Reign detected to the beginning of the first Dutch War AS the Nation thought they could not be redeemed from the Arbitrary Government of King Charles the first but by the Long Parliament it 1640 so they thought they could not be redeemed from the Confusions Rage and Distractions they labour'd now under but by restoring King Charles the Second To gratify this Expectation the Convention who met on the 25th of April 1660 Hand over Head without any Preliminaries of asserting the Rights and Liberties of the English so manifestly violated by his Father and Grandfather restored the King without any Contradiction Upon his Restoration there were but five of the Bishops living viz. Dr. Juxton Bishop of London Dr. Fruin Bishop of Chester Dr. Wren Bishop of Ely Dr. Warner Bishop of Rochester and Dr. King Bishop of Chichester These three latter lived to die in their Bishopricks and in the Interval between the beginning of the Long Parliament and the Restoration of the King near twenty Years upon the matter all these Leases of the Church were expired whereby incredible Sums of Money were raised by the new-promoted Bishops to their vacant Sees without any regard to the rest of the poor sequestred Clergy their Wives or Children But the Jollity of the Convention for having got their King put such mean Thoughts out of their Consideration The Hopes of the happy Days to come under this King's Reign quite blotted out their Remembrance of the Days of his Father's and Grand-father's Reign On the contrary to flatter him they stiled his Father The Martyr for the English Church and State Now they had got him they would hold him he might do what he list for all them and so he did which the Nation submitted to rather than return to the Confusions and Disorders of the Times after his Father's Death Nay the Memory of these Times was so odious that if even the Parliament took notice of his Actions his Flatterers charged them with returning to the Parliament in 1640. The Convention took terrible Vengeance on his Father's Judges for tho they did not all suffer in their Persons scarce any of them but forfeited their Estates So as these Men who would have his Father's Life and Crown-Lands for their Estates lost their own Lives and had their Estates added to the Revenues of the Crown tho this was but as Water poured into a Sive yet it 's observable that the Instruments who acted in the King's Death should be thus punished and Lenthal the Speaker who granted the Commission to act should escape free The Presbyterians were scarce wet with the Tail of this Storm none of them except those in sequestred Livings being punished either in their Persons or Fortunes and many of them were preferred in high Places both in Church and State The poor Cavalier or Loyal suffering Party who hoped for a Heaven upon Earth in this King's Reign fell into a worse State that that they were in before For as Messeray said of the Reign of Henry III. of France It was the Reign of Favourites wherein the Subjects it 's said paid so much yet never was any King so poor So it may be said of this And the Cavalier Party having before mortgaged their Estates to redeem their Sequestration the Remainder paid the Taxes to the King and the other Part the Interest to the Mortgage nor were they any ways countenanced by the King For his Favouriteâ— were a Generation of People who knew not his Father but who humoured him in his Sensual Pleasures and Prodigality and were of the Female as well as
't was believed was carried on by French Counsels For so long as the English and Dutch stood united it would be very difficult if not impossible for the French King to encrease his Grandeur either by Sea or Land if the English and Dutch should oppose it However the outward Appearance seemed otherwise on the French Part for in the Favour of the Dutch he made War upon the English tho to no Benefit of the Dutch other than by the influence of his Party upon the English Counsels But to return his Courtesy the Dutch during this War built him six great Men of War and the Dane joining with the Dutch and French against the English built the French as many more so that whilst the English and Dutch were fighting with one another to destroy their Men of War the French King looked on and without fighting encreased his The English and Dutch had been above Eighty Years Competitors in the East-India African and American Trades so that if either had a mind to quarrel it would not be hard to find an Occasion for it Queen Elizabeth kept so severe a Hand over the Dutch that they durst not presume to give the English any Cause of Offence during her Reign nor do I find the English gave them any in King James's Reign Yet the Dutch gave the English a most abominable one in the Business of Amboyna The World taking notice of the Vast Power at Sea and Wealth which the Dutch acquired by the Fishery upon the Coasts of England and Scotland King Charles I. required a Tribute or Acknowledgment from them about the Year 1630 as a Right belonging to his Crowns of England and Scotland The Dutch were resolv'd not to part with their Fishery and unwilling to pay the King any Acknowledgment for it and instead of Payment set Hugo Grotius to work with his Pen to discharge it Which he did in a little Treatise called Mare Liberum The King to vindicate his Soveraignty set Mr. Selden then at ill Terms with him for I think he was a Prisoner in the Tower for not submitting the Debates in Parliament to the Cognizance of the Council-Table and Court of King's Bench to write Mare Clausum in Answer to Grotius's Mare Liberum Yet this is observable how much the Dutch Interest governed their Reason for soon after I will not say the certain time in all their Manifesto's in the East-Indies the Dutch stiled themselves Soveraigns of the Southern Seas And as such you 'll hear how they exercised their Soveraignty over the English But King Charles though he raised Ship-Money upon Pretence of suppressing Pirates and for Safety of the Nation in May 1636 issued out a Proclamation forbidding the Dutch and all Foreign Nations Fishing upon the Coasts of England and Scotland which the Dutch little regarding set out for this Fishery notwithstanding Whereupon the King commanded the Earl of Northumberland with a Fleet of sixty Men of War to take an Account of their Disobedience The Earl with this Fleet fell in upon the Dutch and dispersed them and cut their Nets so as the Dutch were forced to seek for Shelter in the King's Harbours where they were detained till they made a Composition to pay the King Thirty Thousand Pounds sterling yearly for Licence to fish And this was all the Action done by raising Ship-Money for the Safety of the Nation whereof the King was sole Judg and for Suppressing Pirates The Dutch in return next Year or the Year after upon Pretence of taking in fresh Water seize upon New-York in Long-Island in America and change the Name into New-Amsterdam But at this time things were in highest Ferment both in England and Scotland about establishing Laud's Injunctions in England and erecting a High Commission in Scotland by the King 's Supreme Ecclesiastical Power which the King was so intent upon that he neglected to call the Dutch to an Account for the Surprisal of New-York In the Year 1643 the Dutch by Virtue of their Soveraignty in the Southern Seas by one Geland in a Hostile Manner between Goa and Maccao in the Straits of Malacca made Prey of the Bona Esperanza and spoiled her of all her Tackle Apparel Furniture and all the Goods and Lading in her in her Return of a very hopeful Voyage from China and carried them to Batavia where without due Process of Law they were confiscated and the same Year the Ship called the Henry Bonadventura being come on Ground near the Island Mauritius was seized with all her Goods and Lading by the Dutch East-India Company and kept from the Owners And these Actions both in the East and West-Indies were done in time of Peace between England and Holland These Ships were set out by the Earl of Shrewsbury Sir William Courten Sir Paul Pindar and others by Virtue of a New Charter granted by King Charles the First in the Year 1635 and had laid the Foundation of a much more advantageous Trade for the English than that of the English East-India Company For the Northern and middle Parts of China are cold or temperate and so our Woollen Manufactures would have been very acceptable to them whereas they are of little Use in the Southern Parts of India and all the Islands in the Indian Ocean which lie in the Torrid Zone The Earl of Shrewsbury Sir Paul Pindar and Sir William Courten being Royalists took no Care for Satisfaction in the late times Nor do I find the Rump made any of these the Causes of the War between the Dutch and them nor did Oliver in the Peace he made with the Dutch take any Notice of these Violences used by the Dutch against the English or the Honour of the Nation yet he would not by his Peace discharge the Dutch from the Business of Amboyna but this was referred 't was said to the Cantons of Switzerland to be determined by them but was never after regarded But King Charles II. being at better Terms with his Parliament and Subjects than his Father the next Year after his Restoration viz. 1661 sent Sir Robert Holmes with a Squadron of Men of War and some Soldiers to America with which he reduced New York and all that which the Dutch had taken from the English in Long-Island And from thence Sir Robert Holmes sailed to Africa and took Cape Verd and some other Places where the English had Factories And about the same time the Earl of Shrewsbury with William Courten Grandson of Sir William and the Executors and Creditors of Sir Paul Pindar represented their Case to the King who by Letters under the King's Signet Manual demanded Reparations of the States for these Depredations by Sir George Downing the King's Envoy without any Satisfaction Thus things stood when the Algerines being at War with the English and Dutch the Dutch by their Ambassadour desired the King in 1663 to join a Squadron of Ships with the Dutch to reduce the Algerines to better Terms which the King did and
Value of the Lands of England Observation VI. Suppose that we had no Act of Navigation but our Western Men might have built and fitted out Ships for the Newfound-Land Fishery as cheap as the French yet by this Act against Importation of Irish Cattel the French being enabled to victual Ships cheaper from the Ports of Ireland than we from the English the French from this only Cause may have the foreign Vent of the Newfound-Land Fishery whilst the English are necessitated to vend theirs only in England which is as much a Grievance as the Importation of Irish Cattel for the Expence of them will as much fall the Price of Flesh as the Importation of the Cattel Observation VII By this Law the English have lost the Benefit of Victualling foreign as well as English Ships from our own Ports and established them in Ireland to the lessening the Value of the Lands of England and this in time of Peace And in time of War by how much cheaper foreign Nations can victual Ships from Ireland than we can from England so much cheaper they may manage War and continue it longer Observation VIII The Wools of Ireland are generally better than those of England I have it by very good Authority and by the 14 Car. II. 18. it's Felony to export any out of England or Ireland The Reason given is it would decay the Woollen Manufactures ruin many Families and be the Destruction of the Navigation and Commerce of England and Ireland And why would it decay the Woollen Manufactures and ruin many Families to export Wool The common Reason given is That the Natives of other Countries would work them cheaper than the English whereby we should lose the Employment of our People If this be a Reason this Irish Act was made in an ill time to make Provisions dearer which will necessarily resolve into a further Dearness because those who work our Woollen Manufactures must live by Food and so much the dearer Food is so much dearer must Mens Labours be But I say this is not the Reason for no People in the World in like Circumstances take so much Pains for so little Profit as the Combers Spinners and Weavers do in our Woollen Manufactures and I 'm sure the Wools and Fullers-Earth in England are cheaper here than can be had elsewhere and an English Man or Woman hath a better Habit of Body and as good a Wit as a French or Dutch Man or Woman and that in Holland they pay as much for Excise for Meat and Drink as in England is paid for them I 'll give the true Reason why if the Dutch or French get our Wools and Fullers-Earth they may vend the Manufactures cheaper in foreign Trade than the English The Wools of Derbyshire Nottinghamshire Leicestarshire Warwickshire Lincolnshire Rutlandshire Northamptonshire Huntingtonshire Hertfordshire c. are in the dead of the Winter brought by Land-Carriage to Norwich and Colchester and even the Wools of the Sheep killed in London are carried to Colchester to be wrought there and then by another Land-Carriage they are brought to London as our Western Cloths are And then none but the Free-men of London must buy them at it may be 20 per Cent. cheaper than they might be sold if the Trade were free then they must be vended abroad in English-built Ships double as dear by the Act of Navigation and these sailed by near double the Hands of foreign Ships of like Dimensions and if any Returns be made they shall pay twofold more Duties than if they were imported into Holland and Hamburgh And upon other Terms ouâ— Poor must not be employed working Woollen Manufactures It 's agreed the vast Riches of France arise by the Trades which the English Dutch Dane Hamburgher Embdener Lubecker and Bremeners drive trading into France for Wines Brandies Salt Paper and the English besides these for Linen Cordage and Sails Suppose then the French King should by Edict ordain that these should be first brought by Land-Carriage to Paris and then none but the Free-men should buy them at what Rates they please and then these should vend them in foreign Trade only in French-built Ships and these sailed by three fourth parts French whether they have Ships or Men or not and the Returns made of them to pay him twofold more than if they were imported into Holland or Hamburgh c. Would not any Man think he were mad Yet what would that differ from our Practice At this rate we have in England more Wools than we can work and by this Act the Irish are forced to breed Sheep upon the Grounds they bred their Cattel before the Act and by the Act of 14 Car. II. 18. it's Felony to export the Wools so as the Irish are necessitated to work them where Provisions are cheaper than in England and where they shall not be at the unnecessary Land-Charges of Carriage of their Wools and Re-carriage of their Cloths where they shall not be restrained to the vending of them to Free-men of Corporations at 20 per Cent. Loss and where their Ports are better and more convenient for foreign Trade than those of England and then the English must condescend to the Terms of the Irish or these will undo more Families and more decay the Trade of our Woollen Manufactures than if Foreigners wrought the Irish or English Wools. Observation IX Ireland is a Kingdom depending upon England and Trade and Commerce create a mutual Correspondence and Interest between Countries so as this Law makes the Correspondency and Interest of Ireland to depend upon other Countries whereas it is the Interest of England that England should have been the Mart or Store-house of all the Wools Hides Tallow c. renewed in Ireland as England is the Store-house of the Product of our Plantations or as Holland is of the Spice-Trade These ruinous and mischievous Consequences this Law has brought upon England and Ireland only that the Northern and Western Men might have a Monopoly of imposing what Rates they pleased upon the Eastern and Southern Parts of England I may safely say to the lessening the Rates and Value of those Lands at 30 per Cent. and I dare say from many less Causes or if this Partial Law had been imposed by any King out of Parliament it might have caused a Rebellion in England and Ireland too Yet it had been the Interest of the Northern and Western Men to have continued the Importation of Irish Cattel for in breeding Cattel they can make but one Return in five Years whereas they might make four Returns in one Year by the Irish Cattel imported Yet in many Land-Taxes the Parliament taxed the Southern and Eastern Parts of England near double more than the Northern and Western But neither the King's Management of Business this Infant-Law the Fire of London the pulling down the Houses upon the Tower-Ditch the Plague nor the Act of Navigation now sixteen Years old could allay the Parliament's Heat from
8. The French Progress in Flanders more nearly concerned the Dutch than the English the Spanish Netherlands being the Barrier to secure the United Netherlands from sinking under the Power of France and therefore the Dutch States readily complied with Sir William's Proposals and Sir William waited upon the King to give him an Account of his Negotiation and within 5 Days after was sent back with Powers to conclude a stricter Defensive League than that at Breda between England and Holland either by Mediation or Force to stop the further Progress of the French Army in the Spanish Provinces And because the Swedes soon after entred into it it was called the Triple Alliance This preserved what the French had left untaken and the Spaniard was forced to sit down by the Loss But whatever the Spaniard lost by the French Ravages the English gained this Benefit by it That one Brewer whose Parents were said to be English with about fifty Walloons who wrought and died Fine Woollen Cloths came into England and the King after the Example of two of his wisest and most renowned Predecessors Edward III. and Queen Elizabeth entertain'd them against our Barbarous Law or rather Usage against Foreigners partaking the Benefit of Natural-born English and by them the English in a few Years time were instructed to make and dye fine woollen Cloths cheaper by 40 l. per Cent. than they could do before not only to the Benefit of the English at home but in foreign Vent abroad which before the Dutch had I think it was this Year the French sell into the Franche County of Burgundy and took Dole and Besanzon but this being a Barrier to the Swiss against the French Power as the Spanish Netherlands are to the Dutch the Swiss recalled their Subjects out of the French Service and ordered the levying Sixty Thousand Men to expel the French out of the County of Burgundy and now it was not time for the French King to contend against the Triple League and the Swiss too so he gave up Dole and Besanzon again to the Spaniards and withdrew his Forces out of the County Thus was Spain saved by others when they could not help themselves The banishing the Chancellour Clarendon did palliate but the Triple League reconciled all Difference between the King and Parliament as if no Dutch War or Miscarriages had been and for the Triple League they granted the King a Treble Supply viz. 20 Car. II. c. 1. 301000 l. upon Wines and Liquors Secondly an additional Duty of 8 l. per Tun on French Wines c. and 12 l. per Tun on Spanish Wines for eight Years which amounted to 560000 l. this was the 22 Car. II. And also cap. 3. an Act for sale of the Fee Farm Rents to the Value of 1300000 l. An. Dom. 1668. But you 'll see these dear bought Joys soon will fade for the great Clarendon and noble Southampton now are gone and another Generation is springing up and that with such forward Growth as all Weeds do that upon the Joy of the Triple League the House of Commons having given the King the 301000 l. Mr. Clifford after Lord Treasurer in April following told a Friend of Sir Temple's that for all this great Joy it must not be long before we have another War with Holland and this very Year a French Man gave my Lord Arlington the Design of laying another Holland's War and the Advance of it by the Practice of Monsieur Colbert upon the Ministers of our Court. An. Reg. 21. Dom. 1669. However the Devil will play at small Games rather than stand out for now the French King's Hands are tied up by the Triple League and Treaty at Aix la Chapelle from taking more Towns in the Spanish Netherlands Yet he exacted great Contributions from the Dutchies of Limburgh and Luxemburgh and confiscated the Estates of those in his Conquests who would not forswear their Allegiance to the King of Spain and endeavoured to surprize the Town of Hainault And tho by the Pyrenean Treaty the Duke of Lorain was to be restor'd to his Dutchy yet the Duke tho a Friend to the King was rejected from entring into the Triple League which he endeavoured and therefore incurred the French King's Displeasure who in the Year 1669 seized upon the poor Remainders of his Country and ordered one of his Generals to seize his Person and bring him either dead or alive And tho by the Treaty of Breda the French King was to restore the English to their Plantations in St. Christophers which the French had taken from them yet hitherto he refused to do it In this trifling which the Hector of France did only to keep his Hand in ure he did not sleep otherways the Triple League stuck sore in his Conscience which unless broken would set Bounds to his boundless Ambition In its infant State Monsieur Colbert in the first Year had made some Steps towards it but the next Year made such Advances that he had almost brought the Destruction of it to Perfection To facilitate this hopeful Project Madam the King 's beloved Sister came in June 1670 to Dover with full Powers to conclude this desired Business The King was not long behind but with equal Desire and extraordinary Affection meets his Sister where all things are concluded which tho as dark as Hell yet were as secret as Witchcraft which would have no Light but by their Consequences and that this well-laid Design might not be forgotten the Princess left her Woman Madam Carwel after Dutchess of Portsmouth with the King to put him in mind of it but the Princess was unhappy in this for Monsieur her Husband entertained a furious Jealousy in his frantick Brain that something else besides this hopeful Project was designed by the Princess so that though she were in perfect Health and never more pleased than when here yet upon her Return she in the Glory of her Age but Twenty six Years old died suddenly so that the Cause of her Death was as dark as the Design she came for But there is neither Sister Father or Mother with Kings and Kingdoms The sudden Death of Madam put no stop to the ratisying the Business she came for but the Marquess of Bellefonds is sent hither and an honourable Person is sent into France for both Kings Ratification of it Hereupon the French King descended from his Stiffness and delivered the English their Grounds in St. Christophers to Sir Charles Wheeler yet destroy'd all the Plantations plundered and carried away all that was portable laid the whole Country waste and left it in a much worse Condition than if it had never been planted The French King by his English Pensioners did not only keep the Emperor and Duke of Lorain out of being desirous to enter into the Triple League but he enters into a stricter League with the Arch-bishop of Collen and the Bishop of Munster two Princes of the Empire against the Dutch and now began to
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
was entred into the King and States were mutually engaged to supply each other with a certain Number of Men and Ships in case of any Foreign Invasion upon either yet now the King hath Subsides given him by the French King to join with him against Holland which by the Defensive Alliance the King was obliged to assist The King who was so great in the Love of his Subjects and Parliament for the Triple League and had received such vast Sums for it now at the Instance of the French King sends Mr. Henry Coventry to the Court of Sweden to dissolve it which he did so effectually that that King not only stood Neuter at the beginning of the War with the Dutch but in it joined with the French King against the Confederates and this Success Mr. Coventry had that for this Business which put all Christendom into a Flame he was by the King made principal Secretary of State and it may be presented with his fine Ranger's Place in Enfield-Chase too and that perhaps with thrice more by the French King Whereas Sir William Temple who was the principal Instrument in the Peace at Nimeguen lost 2200 l. by it and his only Recompence was to be Secretary of State in Mr. Conventry's Place if Sir William would give him 10000 l. for it The Triple League thus dissolved all Obstacles which might retard the Progress of this pious Work must be removed And now my Lord-keeper Bridgman having done by his Speech the Conspirators Work for Money has done his own too and is turn'd out of his Place and my Lord Ashley Cooper Chancellor of the Exchequer is made Lord Chancellor of England and Earl of Shaftsbury Mr. Clifford after Lord Clifford Lord High-Treasurer of England and my Lord Arlington Chamberlain to the King's Houshold and Prince Rupert the Duke of Ormond and Secretary Trevor discarded from the Committee of Foreign Affairs so as the CABAL viz. Clifford Ashley Buckingham Arlington and Lauderdale govern all The first Result of this sacred Conclave was the shutting up of the Exchequer wherein the Bankers who formerly had furnished the King with mighty Sums of Money at extorsive Interest had lodged between 13 and 1400000 l. of the Subjects Money this was in January 167 1 2. One would think these Monies added to the Aids granted in the last Session of Parliament with those received from France might have carried on the War against the Dutch on the King's Part but to make sure the Fleet for which the Parliament gave such vast Sums to be equal with the French or Dutch is set out under Sir Robert Holmes to surprize the Smirna-Fleet which he vainly attempted the thirteenth and fourteenth of March 167 1 2 and to sanctify so Herotick an Act at this very time the Declaration of Indulgence was printed and published the fifteenth The French King having gotten the King into his Net let 's see how he used him The French King openly declar'd that 't was none of his Quarrel and that he only engaged in it out of respect to his Person and therefore before any War was declared the King must first break the Peace by the Attempt upon the Smirna-Fleet The Dutch alarm'd at the Attempt upon their Smirna-Fleet and being in no Condition to resist both Kings sent Deputies to both to know upon what Terms they would agree to Peace Those sent to our King were denied Audience and kept at Hampton-Court till it were known what the French King's Pleasure was but those sent to the French King had Answer That what the King had was his own and what he should conquer should be his without an Equivalent and declared the States might deal with England as they pleased and come off as cheap as they could because by their Treaty they were not bound to procure them any Advantages Yet all this the King as patiently submitted to now as before he suffered one Marsilly to be broken on the Wheel at Paris without one word from him in his behalf for being his Agent to the Swiss to invite them to join in the Guaranty of Aix who upon the Scaffold had twenty Questions asked him in relation to his Majesty's Person and a strict Enquiry of the Particulars that passed between the King and him all which you may read at large in Mr. Secretary Trevor's Appeal And this pitiful Story you may find in a little Treatise termed Colbert's Ghost printed at Cologn 1684. I find little difference in the Causes of this War by these two Kings The French King 's was that the Dutch had acted in Diminution to his Glory but says not wherein The King of England's was the Dutch had not yielded him the Honour due to his Flag The Cabal sought for a fourfold Cause of this War the Insults upon the English in the East-India Trade the detaining the Engglish Planters in Surinam against the Treaty at Breda and horrid Pictures in Defamation of his Majesty and his Flag To this purpose the Committee for the East-India Company was summoned to shew Cause who answer'd and gave it under their Hands That since the Treaty at Breda they knew no Cause nor as yet the Dutch could pretend to no more than was granted by it they having not as yet assisted the young King of Bantam against his Father and made use of the young King's Name to expel the English Factories from the Pepper Trade as before they had the Spice Trade For detaining the English Planters in Surinam it was answer'd the Planters were not willing to forsake their Subsistence and be turned into the wild World to seek it and that the Dutch perform'd their Part with Mr. Secretary Trevor and therefore it was no fault of theirs if it were not observ'd nor did they hinder them when they were transplanted to repair the Ruin of the English Plantation in St. Christophers made by the French For the Pictures the Dutch answered they knew of none except one Medal which might be liable to any such Construction but so soon as they knew of it they caused the Stamp to be broken For that of the Flag the Case stood thus the Dutch having fitted up a Fleet of Men of War in jealousy of the French were riding near their own Coast when one of the King's Yachts discharged a Gun at the Admiral to strike Sail which the Admiral not doing was the cause of the Breach for the War tho the States disown'd the Refusal and offer'd to make any Satisfaction the King should require But it is the End which crowns the Work in every Act and therefore the Declaration concludes That notwithstanding this War the King will support the Treaty at Aix la Chapelle according to the Scope and Intent of it and preserve the Ends of it inviolable As if the getting the Swede out of it and joining with the French against the Dutch diametrically contrary to it were the Support of that Treaty or that the subduing Holland so that the French
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
January and the same Day issued out Writs for a new one to meet at Westminster the 6th of March following which was just 40 Days between the Test and Return In this Interval the Blaze of the Parliament's Vote of their Apprehensions of a damnable and hellish Popish Plot had taken deep Impressions in the Minds of Men in general and the Whigs taking Advantage of it in this short Interval run down the Tories without Opposition nay even the King himself apprehended there could be no Hopes of attaining his Ends in the next Parliament but by seeming zealous in the prosecuting the Discovery of the Popish Plot and that he would not longer be governed by Favourites and single Councils There had been several Debates in the House of Commons of the dangerous Consequences in reference to the Duke of York's Succession to the Crown and that the Bottom of the Popish Plot centred in the Duke's being a Papist and the presumptive Heir to the Crown but I do not find they came to any Vote upon it yet resolved upon the 8th of November to make an Address to the King That the Duke might withdraw himself from his Person and Councils and in Conformity therewith the Duke went or was sent into Holland and upon the meeting of the Parliament the King acquainted them how great things he had already done for the preventing the Progress of the Popish Plot as the Exclusion of the Popish Lords from their Seats in Parliament and the Execution of several Men upon the Score of the Plot as well as the Murder of Sir Edmundbury Godfrey but above all that he had commanded his Brother from him because he would not leave malicious Men room to say he had not removed all Causes which could be pretended to influence him toward Popish Counsels and tells That as he had not been slack in putting the present Laws in Execution against Papists so he was ready to join in making such further Laws as may be necessary for the securing the Kingdom against Popery and then demands a Supply and concludes with his Desires to have this a healing Parliament The House chose Mr. Seymour the Speaker of the last Parliament to be their Speaker in this but the King rejected him which was no good Presage of a healing Parliament and so the Commons chose Mr. Serjeant Gregory and the King accepted him The Commons began where the last Parliament left in prosecuting their Impeachments against the Earl of Danby and the Popish Lords in the Tower but who should be first tried and what were the Jurisdiction of the Bishops Right of Voting in their Impeachments and their Judgments in Cases of Blood run quite through this Sessions wherein the Lords and Commons seldom agreed There were two things which made the Earl of Danby's Case more favourably spoken of one That tho he was prosecuted several Weeks after the Popish Lords were committed yet the Commons would not proceed in their Impeachments against the Popish Lords before the Lords had given their Judgments upon the Earl's Plea The other was a Vote of the Commons upon the 9th of May That no Commoner whatsoever should presume to maintain the Validity of the Earl of Danby ' s Pardon without Leave of the House first obtained and that the Persons so doing shall be accounted Betrayers of England and there was no Nobleman a profest Lawyer so that tho the Earl's Plea upon his Pardon was Matter of Law yet no Commoner must presume to plead his Cause The King besides his sending the Duke of York beyond Sea that the World might now see how otherways he was become a new Man for the future upon the 20th of April 1679 made this Declaration in Council and in Parliament and after publish'd it to the whole Nation how sensible he was of the ill Posture of his Affairs and the great Dissatisfaction and Jealousies of his good Subjects whereby the Crown and Government were become too weak to preserve it self which proceeded from his use of a single Ministry and of private Advices and therefore professed his Resolution to lay them aside for the future and be advised by those whom he had then chosen for his Council in all his weighty and important Affairs together with the frequent Advice of his great Council in Parliament and indeed in this Council were many worthy Members my Lord of Shaftsbury was President of it and the then Sir Henry Capel and Sir William Temple Members of it But this Declaration of the King 's added to the sending the Duke of York into Holland had not the King 's desired Effect the Commons besides the Dread of the Popish Plot as well at present but more in consequence after the King had declared he would not alter the Succession of the Crown in the right Line were no ways satisfied with the Disbursements of the Money nor the disbanding the Army yet were resolved it should be done and voted another Sum of 26462 l. for it but it was not carried without some Difficulty that these Monies should be paid into the Exchequer but Chamber of London however the Commons carried That the Money so raised should be appropriated to that Use and to that End appointed Commissioners to disband the new-rais'd Army and so voted That the Continuance of any standing Forces in this Nation other than the Militia to be illegal and a great Grievance and Vexation to the People hereby meaning the King's Guards They also ordered a Bill to be brought in for annexing Tangier to the Imperial Crown of England and voted That those who did advise the King to part with Tangier to any foreign Prince or State or were instrumental therein ought to be accounted Enemies to the King and Kingdom But how jealous soever the Commons were of the King yet they conceived it was his Life which secured them from the Fears they dreaded of the Duke's coming to the Crown and therefore upon the 11th of May voted Nemine contradicente That in Defence of the King's Person and the Protestant Religion this House does declare that they will stand by his Majesty with their Lives and Fortunes and that if his Majesty shall come to an untimely End which God forbid they will revenge it upon the Papists It seems the Commons had more Care of the King than he had of himself for he not only countenanced the Plotters but ridiculed the Plot. In his Speech at the opening this Parliament he told them he had not been idle in discovering the Plot and in the last he told Sir William Temple he was displeased with the Earl of Danby for bringing the Popish Plot into Parliament against his absolute Command Oliver's Professions and Actions never appeared so hypocritical and deceitful as this King 's and all this after the Parliament had voted there was a hellish Conspiracy by the Papists against his Life and this proved by a Cloud of Witnesses agreeing in the Manner and Circumstances of it as Oates
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
for repealing the said Act of 35 Eliz. which passed the Commons upon the 26th of November and was sent up to the Lords who agreed to it As the Lords joined with the Commons in passing this Repeal so did the Commons join with the Lords in their Vote the 4th of January viz. 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 there hath been an horrid and treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion in Ireland for massacring the English and subverting the Protestant Religion and antient established Government of that Kingdom To which the Commons added That the Duke of York being a Papist and the Expectation that Party had of his coming to the Crown hath given the greatest Encouragement to the Popish Plot as well in Ireland as here But the Lords ran counter to the Commons in the Bill intituled An Act for securing the Protestant Religion by disabling James Duke of York to inherit the Imperial Crown of England and Dominions and Territories thereunto belonging for after the Reading it the first time in the House of Lords and the Question being put whether it should be read a second time it was resolv'd in the Negative by above a double Majority of Votes If the Lords and Commons ran counter in some things the King and Commons ran counter almost in every thing The King 's main End in calling this Parliament was to get Money for the Preservation of Tangier and in perfecting the Alliance he had made with Spain The Commons would not give any Money upon the Account of Tangier for three Reasons One was For that as the state of the Nation stood it might augment the Strength of the Popish Party and encrease the Danger of the Nation Another was There were several Regiments besides the Guards in pay in England which might be transported to Tangier with little Charge and be maintained there as cheap as here And the third was That that Garison was the Nursery of Popish Officers and Soldiers The Commons would not give Money for the pretended Alliance of mutual Obligations of Succour and Defence with Spain for three Reasons 1. The Jealousy they had of the King's Sincerity in this Alliance and the more because the King did not declare to them what manner of Alliance this was and it might be more to the Prejudice than Benefit of this Kingdom or if it should have been to the Benefit of the Kingdom they could have no more Assurance of the Performance of it than they had of the Triple League that made with the Prince of Orange or that made between the King and States of Holland by Mr. Thyn on the King's Part which were all broken almost as soon as made 2. The Impossibility of any Benefit which could arise to England and Spain by such an Alliance for if all Christendom after the separate Peace which the King joined with the Dutch Faction in could not uphold Spain and the Spanish Netherlands from falling under the Dominion of the French how could the King in the feeble and distracted state of the Nation be in a condition to support it without them 3. The Unreasonableness of giving Money upon this Account for tho oftentimes the Kings of England have demanded Supplies for maintaining vast Wars yet never any King of England before demanded Supplies for making Alliances and not declare what such Alliances were But if any such mutual Alliances of Succour and Defence were made between our King and the King of Spain I 'm sure they were ill observed by the King for two Years after viz. 1682 the French blocked up the City of Luxemburgh and the next Year took Courtray one of the six Towns delivered back to the Spaniard by Beverning's separate Treaty from the Confederates and keeps it to this Day and so the French King does Luxemburgh which he took by plain Force from the Spaniard the next Year after viz. 1684. I wish I could find any mutual Succour of Defence the King gave the King of Spain in any of these either by this Alliance or as the King was Guarantee in the Treaty of Aix la Chapelle which in his Proclamation against the Dutch in the second Dutch War he declared he would maintain Nor did the Commons only run counter to the King's Designs of getting Money but considering the dangerous and weak state of the Kingdom as by the Debt the King had contracted by shutting up the Exchequer and his squandring away almost all the antient Revenues of the Crown and to prevent the like upon the Revenue settled upon the King since his Restoration upon the 7th of January resolved 1. That whosoever shall lend or cause to be lent by way of Advance any Money upon the Branches of the King's Revenue arising by Customs Excise or Hearth-money shall be adjudged a Hinderer of the Sitting of Parliaments and be responsible for the same 2. That whosoever shall accept or buy any Tally or Anticipation upon any part of the King's Revenue or whosoever shall pay such Tally hereafter to be struck shall be adjudged to hinder the Sittings of Parliaments and be responsible therefore in Parliament Now let 's see wherein the King run counter to both Lords and Commons After the Lords had agreed with the Commons in the Repeal of 35 Eliz. the Bill was taken from the Lords Table and never heard of after which no Man durst have done without the King's Command at least Privity Herein you may observe the Insincerity of the King's Indulgences for dispensing with the Penal Laws against Dissenters when he nourished those Ends by them which the Parliament dreaded and now the Parliament would have legally eased them the Bill must be ravished away Here is a greater Wonder yet to be told of this Parliament for notwithstanding all these Discords between the Lords and Commons and the King and the Lords and Commons yet they all reconciled in making the Act against the Importation of Irish Cattel c. perpetual thereby to perpetuate the Discords between the Kingdoms of England and Ireland as much as those between Whig and Tory. And in this posture of Affairs the King prorogu'd the Parliament from the 10th to the 20th of January 1681 and upon the 18th dissolved them This Dissolution caused a great Amazement in the Nation but in some measure to allay it the King summons another to meet the 21st of March following at Oxford This rais'd a Jealousy in the Nation and many of the Nobility that there was some hidden Design nourished in the Court which might have dangerous Influences upon the Nation and the Parliament too Hereupon 16 of the Nobility petitioned the King against the Meeting of the Parliament at Oxford and my Lord of Essex upon the Delivery of it made a short Speech which I believe was not forgotten afterwards The
are perceived by the Senses and understood to exist or be yet these are known to be by some and not by others and in Justice and Judgment the end of an assertory Oath is to inform the Judg of the Truth of what a Man knows which otherwise might be concealed and here I say that as God's Name in Religion Piety and Justice is to be invoked when it is not in vain but for God's Honour so otherwise to use or abuse his sacred Name in vain is dishonourable to God and makes it vile and contemptible Now let 's see how the ranting Swearing of this Test agrees with the Religion and Obligation of an Oath and observe it in its Particulars or Confusion It begins I solemnly swear in the Presence of the Eternal God whom I invoke as Judg and Witness of this my sincere Intention of this my Oath that I own and profess the true Protestant Religion contained in the Confession of Faith recorded in the first Year of King James the Sixth So that here is a most horrible Swearing and Invocation of God's sacred Name and yet neither an assertory nor promissory Oath for an assertory Oath is of some Act or Speech in time past which was transient and not when the Oath was taken and a promissory Oath is of time to come whereas in this Oath the Taker swears in the present time he does own the Protestant Religion recorded in the Confession of Faith in the first Year of King James the Sixth I believe there is such a Record intituled The Confession of Faith in the first Year of King James the Sixth because Spotiswood and other Scotish Authors say so but to swear by the Eternal God that it contains the true Protestant Religion when the Name is not in it is such an implicite Faith as can scarce be found in the most superstitious in the Church of Rome Christian Faith is a Belief of God's Revelations in the Scriptures to which if any add or dimniish his Name shall be blotted out of the Book of Life Rev. 22. 18 29. But where the Scots found their Confession of Faith in the first Year of King James Knox no where tells tho he was the Founder of it And I believe the same to be agreeable to the Written Word of God But what need you swear by the Eternal God you do so If you demonstrate or give the Reason of your Belief which you do not this might convince another which your Swearing never will That I will adhere thereto and endeavour to educate my Children therein The more obstinate Man you and so much the worse for your Children And never consent to any Change or Alterations thereto This might have been left out for if you adhere to it you cannot consent to any Change or Alteration And renounce all Popish and Fanatical Doctrines inconsistent with the said Protestant Religion and Confession of Faith I take a Renunciation to be a Disclaimure of what was before so that if you renounce all Popish and Fanatical Doctrines c. it seems before you owned them yet you neither tell what these Popish and Fanatical Doctrines are or wherein they are inconsistent with the Protestant Religion and Confession of Faith or how you come to know so and if you do not it ill becomes you to prostitute God's sacred Name to swear to what you do not know And by this my solemn Oath I swear that King Charles the Second is the only Supream Governour of this Realm over all Persons and in all Causes as well Ecclesiastical as Civil By which of your Senses do you know this by your seeing smelling touching or tasting Or if it be by another's having told you so will you swear to whatever another tells you Or if another should tell you that King Charles the Second is not the only Supream Governour c. will you swear by the Eternal God he is not so or if King Charles should be dead when you are swearing this which he may for ought you know how long will you hold of this Mind And that I renounce what again all foreign Jurisdiction of the Pope or any other Person If I cannot take your Word I 'll not think the better of it for your swearing to it And promise to bear true Allegiance to the King his Heirs and Lawful Successors 'T is well if you hold long in this Mind but before you renounced all foreign Jurisdiction of the Pope suppose and be not affrighted at it King Charles the Second and his Lawful Successor should now be contriving the bringing in this Foreign Jurisdiction how by the Eternal God would you beâ—â— Faith and Allegiance to them herein And to my Power defend all their Rights and Prerogatives c. Yet you neither declare what these Rights and Prerogatives are which you swear to defend and 't is twenty to one you do not know these Rights and Prerogatives and so you solemnly swear to you know not what or suppose the King and his Lawful Successor should say it was one of his Prerogatives to bring in the Papal Jurisdiction how would this consist with your solemn Faith and Allegiance to the King and his Lawful Successors and your renouncing all Foreign Jurisdiction And I judg it unlawful for Subjects upon Pretence of Reformation or any Pretence whatsoever to enter into any Covenants or Leagues or to convene c. in any Council to treat of any Matter Ecclesiastical or Civil without his Majesty's special Command and express Licence or to take up Arms against the King or those commissionated by him So that here you judg without any Reason of your Judgment and must have your Judgment pass for currant because you swear to it and at this rate you may swear and judg as you please and sure never before was ever Religion or Judgment established upon such Foundations That I will never rise in Arms or enter into such Covenants or Assemblies For all your swearing to this yet I believe my Lord Commissioner will not trust to your Oath and the rather because you were so loose to it in observing your solemn League and Covenant which you sware with as servent Affection as you now seem to do to this and with Hands and Heart lifted up to the most high God That there lies no Obligation upon me by the National Covenant 〈◊〉 solemn League and Covenant or any other way to endeavour any Change or Alteration of Government either in Church or State as now established Does there lie no Obligation upon you by the solemn League and Covenant c. to endeavour any Change or Alteration in Church or State why you as solemnly sware that as this and by that you sware to extirpate Prelacy and here you swear never to endeavour any Change of it Or do you think you please his Highness my Lord Commissioner herein whose Business it is not only to make Alterations but to subvert your Church and State And if you will
make no Alterations in either it will not be long before you shall see Alterations made in both without you And I promise and swear to maintain the King's Jurisdictions against all deadly as I shall answer it before God Why this again For before you sware to maintain all the King 's Rights and Prerogatives and what does the King's Jurisdiction add to them However you are very prodigal of your Swearing and if his Highness will not believe you for your Swearing before you 'll try how far he 'll believe you now And that I take this Oath in the plain and genuine Sense and Meaning of the Words without any Equivocation Mental Reservation or Evasion and never to accept of any Dispensation from any Creature So God help me This is well sworn to interpret your Truth and Sincerity especially when the whole Oath is Confusion Equivocation or Contradiction and not one plain and intelligible Sentence in it In the Debates in Parliament for passing this Test the Earl of Argyle declared his Opinion That as few Oaths as could be should be imposed and that the Oath of Allegiance and Declaration had effectually debarred all Fanaticks of getting into any Places of Trust and though some Papists had swallowed the Oath yet a Word or two of Addition to guard against them was all he judged necessary The Earl opposed the dispensing with the King's Sons and Brother's taking the Test for that the King and People were of one Religion and hoped the Parliament would do nothing to loose what was fast nor open a Gap for the Royal Family to differ in Religion for their Example if it once appeared to the People to be honourable would have more Followers than a Thousand others would have and therefore wished if any Exception were it might be particular to his Highness which the Duke opposing the Earl concluded if it did pass it would do more hurt to the Protestant Religion than all the rest of the Acts and many other Acts would do good This Plainness of the Earl was the Cause of all that befel him as he was afterwards told by the Bishop of Edinburgh but the first Appearance of the Duke's Displeasure was two Bills given in against him one by the Earl of Errol the other by the King's Advocate who acknowledged it to be done by Commandment otherwise it was without his Line These struck at the Earl's Estate and Honours only that of Errol was that the Earl's Estate might be liable to pay him and others for the Debts contracted by his Father The Advocate 's Claim was to all his Heritable Offices But the Duke being informed that a Judgment in this Case would have exposed the Marquess of Huntley's Estate who was a zealous Papist the Duke of his own Accord put a full Stop to it for he found he said it did plainly impugn the King's Prerogative and might be of ill Consequence After this the Parliament was adjourned and a new Design was to get a Commission from the King to review all the Earl's Rights and heritable Offices and to charge his Estate for more than 't was worth Hereupon the Earl applied himself to the Duke against such a Commission and intreated him that if any quarreled his Right his Case might be remitted to the ordinary Judicatories according to the established Laws of the Land but this was not granted yet the Duke was pleased to allow the Earl time to go into the Country to bring his Evidence with a Promise no Commission should pass till the Earl's Return But you 'll see something more than the Earl's Estate was designed For the Earl was no sooner gone but he and the President of the Sessions were turned out of it Hereupon the Earl wrote to the Earl of Murray the King's Secretary praying leave to wait upon the King which he was pleased readily to grant and upon his Return to Edinburgh begg'd the same Favour of the Duke who told him he might not kiss the King's Hand till he had taken the Test Here you may observe the Test was not to be taken by any but those who bear Office nor to be imposed upon any before the First of January 1680 and this was about the Beginning of November before and the Earl being acquainted that one of the Clerks of the Council was appointed to summon the Earl to the Council the next Day which he conceived to be to take the Test he asked the Duke if with his Favour he might not have the Allowance by the Act The Duke told him no and the Earl urged it again in vain all the Delay he could obtain was but till Thursday the third of November the next Council-Day of Course Then the Earl said he was the less fond of the Test because he found some who had refused it were still in Favour and others as the Register who had taken it were turned out at which his Highness laught But how comes your Highness said the Earl to press the Test so hastily Sure there are some things in it which your Highness does not overmuch like To which the Duke answered angerly and in a Passion most true that the Test was brought into Parliament without the Confession of Faith but the late President caused put in the Confession which makes it such as no honest Man can take it which is a greater Contravention and depraving the Test than the Perjury and Treason charged upon the Earl for them then the Earl replied he had the more Reason to advise In this Interval the Earl spake with the Bishop of Edinburgh and saw his Explanation of the Test and that of the Bishop of Aberdeen and the Synod's Explanation of the Test and the Explanation of it by the Synod and Clergy of Perth and that of the Earl of Queensberry which as they differ all from one another so were they printed and made publick and which you may read at large in the Earl of Argyle's Case It 's observable that tho by the Test they swear the Confession of Faith recorded in the first of King James the sixth To be founded upon and agreeable to the Word of God and that they will never consent to any Change or Alteration thereto and at last swear they take it in the plain and genuine Sense and Meaning of the Words without any Equivocation yet the Bishop of Aberdeen and the Synod in the 2d Article of their Explanation say We do not hereby prejudg the Churches Right to and Power of making an Alteration in the said Confession as to the Ambiguity and obscure Expressions thereof or of making a more unexceptionable Frame and having made several other Exceptions the Sixth Article concludes When we swear that we take the Test in the plain and genuine Sense of the Words c. we understand it only so far as it does not contradict the Exceptions And the Synod of Perth makes four explanatory Exceptions to the Test and the fifth concludes When we swear in the
Design to bring Trouble upon a Handful of poor Catholicks that would live peaceably however they were used but that it should light upon others Now the Design appears barefac'd for would you think it the Earl having delivered the Explanation of his taking the Test by the Duke 's peremptory Command this is interpreted a publishing of it and upon Tuesday the eighth of November a Council was called without calling the Earl to it and an Order was sent by one of the Clerks of the Council to the Earl that before 12 a Clock next Day he should enter himself a Prisoner in the Castle of Edinburgh and a Warrant was sent to the Deputy Governour to keep him Prisoner wherein the Word Sure firmance tho fairly writ was struck out The Earl obeyed and by himself alone in a Hackney Coach rendred himself a Prisoner accordingly And now you 'll see how absolutely in this deputed Authority the Duke demeaned himself without Reserve what then might be expected from him in Case he should become King The Earl some Days after he had rendred himself Prisoner wrote to the Duke telling him how he had obeyed his Highness and Council's Order in rendring himself a Prisoner and how that he wrote no sooner lest he might be thought too impatient of Imprisonment which appeared to be the Effects of high Displeasure which he hoped he no ways deserved and was resolved to continue all Duty and Obedience to his Majesty and Highness and begg'd to know what Satisfaction was expected where and how he might live in his Highness's Favour to which no Answer was returned but a Summons charging the Earl with leasing making and depraving of Laws And after another Summons came out and published with Sound of Trumpet charging the Earl with Perjury and Treason but when it was told the Duke that such a Process threatned the Earl's Life and Fortune the Duke said Life and Fortune God forbid The very Day November the eighth that the Council ordered the Earl to render himself a Prisoner the Council sent a Letter to the King wherein they sent the Earl's Explanation of his taking the Test and how they had commanded his Majesty's Advocate to raise a Pursuit against the Earl upon it yet expecting his Majesty's Commands for their further Prosecution of it But the King might command what he pleased his Commissioner and Council would do what they would with it for before any Return of their Letter they caused the King's Advocate to exhibit an Indictment against the Earl upon the Points of slandering and depraving And after the Return of the King's Letter they ordered a new Indictment against the Earl containing besides the former Points the Crimes of Treason and Perjury before they acquainted the King with it The Earl thus mewed up that he might not give any Offence twice petitions the Duke and Council that Sir George Lockhart might be his Advocate to plead his Defence yet both times refused the Reason of these Petitions were that without Leave none would dare to plead the Earl's Cause for fear of the King's Displeasure However by the Act 11 Jac. 6. Cap. 90. It is the undeniable Privilege of all Subjects accused for any Crimes to provide themselves Advocates to defend their Lives Honours and Lands against whatsoever Accusation So by the 11 Jac. 6. c. 90. it is declared That in case Advocates refuse the Judges may compel them Hereupon the Earl drew up a Letter of Attorney constituting Alexander Dunbar to require Sir George Lockhart to plead for him which the Duke no sooner heard but said If Sir George Lockhart plead for the Earl he shall never plead for my Brother nor me But the Earl might set his Heart at rest for whatever Counsel he had his Case was fore-judged before heard However for forms sake upon the Twelfth of December 1681 the Earl was brought by a Guard of Soldiers before the Justice Court where the Earl of Queensberry was Chief Justice General and the Lords Narin Collingtoun Newtoun and Hirkhouse Lords Justiciary sitting in Judgment It is inconsistent with the Design of this Treatise to set down the Earl's Speech at large and the long and learned Pleadings of Sir George Lockhart and Sir John Dalrymple for the Earl's Defence and the King's Advocates pleading against the Earl and their Doubling's and Tripling's yet it 's fit to say something of them and leave the Reader at Liberty to read them at large in the Earl's Case which is printed The Earl in his Defence only claims the Privilege of the meanest Subject tho under an ill Character to explain his own Words in the most benign Sense and how strange and impossible it would be to believe he intended any thing but what was sutable to the Principles of his Religion and Loyalty though he did not express himself at all Then he enlarged how from his Youth he had made it his Business to serve his Majesty faithfully constantly and to his Power especially in all times of Difficulty and never joined or complied with any Interest or Party contrary to his Majesty's Authority and so that he never received a Frown from his Majesty these thirty Years and that even in this Parliament how he had shewed his Readiness to serve the King and Royal Family in so vigorously asserting the Lineal Succession of the Crown and in offering Supplies to his Majesty and Successor and that he had always kept his Tenants in Obedience to his Majesty How strange then is it that Words spoken for the clearing his own Conscience should be wrested into Treason especially where the same was done before by many Orthodox Clergy whole Presbyteries Synods and some Bishops so that an eminent Bishop took the Pains to write a Treatise that was read over in Council and allowed to be printed and a Copy given to him which contains all the Expressions he is charged for and many more may be stretched to a worse Sense and having wished all Happiness to the King and a Continuance of the Lineal Succession left his Defence to his Advocates Sir George Lockhart and Sir John Dalrymple then several Letters from General Middleton and the Earl of Glencarn were read testifying the Earl's Loyalty and Services to the King The Treason charged upon the Earl in the Indictment consists of these six Heads 1. That the Earl considered the Test and was desirous to give Obedience to it as far as he could clearly insinuating thereby he was not able to give full Obedience 2. That he was confident the Parliament never intended contradictory Oaths therebâ— to insinuate to the People that the Parliament did impose contradictory Oaths 3. That every Man must explain for himself and take it in his own Sense whereby that excellent Law lost its Obligations 4. That he took the Test so far as it was consistent with it self and the Protestant Religion which depraved the Test and misrepresented the King's Parliament's Proceedings in the highest Degree 5. That he did
Doctrine of Passive Obedience had made a plain and easy Passage for the Popish Faction to take Possession of this Power The Bishop of London therefore after the Lords had voted an Address of Thanks to the King's Speech moved in the name of himself and all his Brethren that the House would debate the King's Speech which as it was extraordinary and unusual in the House so was it not less surprizing to the King and Court who now dreaded the Lords would concur with the Commons in their Address to prevent which the King first prorogued and then dissolved the Parliament and never called another in all his Reign And thus the King made good to the Parliament in his Speech to them the 28th of May That the best Way to engage him to meet them often was to use him well and did expect that they would comply with him in what he desired and that they would do it speedily that it might be a short Sessions and that he and the Parliament might meet again to all their Satisfactions and for the Bishop of London the King shall remember his Motion in due time when he shall plead no Privilege of Parliament The King having so ill performed his Promise to the Parliament of often meeting of them where he might hear of it again which by no means he would endure after he had dissolved them had a fair Field without any Rub to do what he pleased and to petition him or represent the Grievances of the Nation out of Parliament shall be a great Crime next to High Treason And now 't is time to observe the Steps the King proceeded by to maintain the Church and State of England as by Law established His Brother had laid the Foundation of making a Parliament felo de se by hectoring and making Bargains with Corporations to surrender their Charters and taking new ones from him whereby he reserved a Power that if they did not send such Members as pleased him he would resume the Charters he granted them and herein he made a great Progress till his Keeper and Attorney General refused to grant Patents to such poor Corporations as could not pay their Fees so as a new Keeper or Chancellor and Attorney-General must be had who would grant Patents gratis or a Stop would be made in the Progress of so noble a Design In a lucky Hour my Lord Keeper N died at Astrop-Wells I think when Jeffries was in his March to the West and for a Reward of my Lord Jeffries's Clemency that he shewed had the Seals given him with the Title of Lord Chancellour but the Attorney was not so lucky but lived to be turned out and another put in his Place which would perform his Office more charitably to these indigent Corporations which could not pay their Fees in taking new Patents after they had perfidiously betrayed their old But this was but one Step towards this Holy Work the King to make a thorow Reformation will make the Judges in Westminster-Hall to murder the Common Law as well as the King and his Brother designed to murder the Parliament by it self and to this end the King before he would make any Judges would make a Bargain with them that they should declare the King's Power of dispensing with the Penal Laws and Tests made against Recusants out of Parliament However herein the King stumbled at the Threshold for it 's said he began with Sir Thomas Jones who had merited so much in Mr. Cornish his Trial and in the West yet Sir Thomas bogled at this and told the King He could not do it to which the K. answered He would have Twelve Judges of his Opinion and Sir Thomas replied He might have Twelve Judges of his Opinion but would scarce find Twelve Lawyers of his Opinion The Truth of this I have only from Fame but I 'm sure the King's Practice in reforming the Judges whereof all except my Lord Chief Baron Atkins and Justice Powel were such a Pack as never before sat in Westminster-Hall gave credit to it But if the Lord Chief Justice Thorp for taking a Bribe of 100 l. was adjudged to be hanged and all his Lands and Goods forfeited in the Reign of Edward the 3d because thereby as much as in him lay he had broken the King's Oath made unto the People which the King had intrusted him withal and if Justice Tresilian was hanged drawn and quartered for giving his Judgment that the King might act contrary to one Act of Parliament and if Blake the King's Counsel Vsk the Under-Sheriff of Middlesex and five more of Quality were hanged in the Reign of Henry the 4th for but assisting in Tresilian's Judgment What then did these Judges deserve which made Bargains with the King before-hand to break the King's Oath he had made to the People and entituled the King to a Power to subvert the Laws and gave Judgment before-hand to act contrary to them Andrew Horn in his Mirror of Justice tells us That King Alfred the Mirror of Kings hanged Darling Segnor Cadwine Cole and 40 Judges more because they judged in particular Causes contrary to Law But sure this was not more to Alfred's Honour than it was to the Dishonour of King James to make Bargains before-hand with Judges to give Judgment contrary to the Laws themselves and unless they would break the King's Oath to his People they should not be his Judges The Laws and Constitutions of this Nation as has been already noted make it a Kingdom whereof the King is Head and the Nation the Body so that if you take away the Laws and Constitutions of the Kingdom there is neither King nor Kingdom Did not the King then descend from his Majesty in rending himself from his Kingdom by breaking Laws whereby he ceases to be a King and the Nation to be a Kingdom And what was it for that the King would not be content with the Soveraignty he had over the Nation wherein his Majesty consisted but would strain it into a Tyranny over the Nation It was to introduce a foreign exploded Dominion of the Pope denied by our Saviour and asserted by the Devil whereby how absolute soever the King would be over his Subjects yet himself and Kingdom must be at the Pope's Disposal to be deposed and destroyed as the Pope pleased Bishop King in the State of the Protestants in Ireland fol. 18. gives this Account of one Moore a Romish Priest who preached before the King at Christ's Church in Dublin in the Beginning of the Year 1690 where he told him to his Face that he did not do Justice to the Church and Churchmen and amongst other things said That Kings ought to consult Churchmen in Temporal Affairs the Clergy having a Temporal as well as Spiritual Right in the Kingdom but Kings had nothing to do in the Management of Spiritual Affairs but were to obey the Orders of the Church Thinking Men could not conceive this dispensing with the Penal Laws
and Dominion of Wales and of all and every the Offender or Offenders therein and them and every of them to order correct reform and punish by Censure of the Church And also We do give and grant full Power and Authority unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one in like manner as is aforesaid from time to time and at all times during Our Pleasure to inquire of search out and call before you all and every Ecclesiastical Person or Persons of what Degree or Dignity soever as shall offend in any of these Particulars before mentioned and them and every of them to correct and punish for such their Misbehaviours and Misdemeanors by suspending or depriving them from all Promotions Ecclesiastical and from all Functions in the Church and to inflict such other Punishment or Censures upon them according to the Ecclesiastical Laws of this Realm And further we do give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one by virtue hereof and in like manner and form as is aforesaid to inquire hear determine and punish all Incest Adulteries Fornications Outrages Misbehaviours and Disorders in Marriage and all other Grievances and great Crimes or Offences which are punishable or reformable by the Ecclesiastical Laws of this Our Realm committed or done or hereafter to be committed or done in any Place exempt or not exempt within this Our Realm according to the Tenor of the Ecclesiastical Laws in that Behalf Granting you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one full Power and Authority to order and award such Punishment to every such Offender by Censures of the Church or other lawful Ways as is abovesaid And further We do give full Power and Authority to you or any three or more of you as aforesaid whereof you the said Lord Chancellour to be one to call before you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one all and every Offender and Offenders in any of the Premises and all such as you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall seem to be suspected Persons in any of the Premises which you shall object against them and to proceed against them and every of them as the Nature and Quality of the Offence or Suspicion in that Behalf shall require and also to call all such Witnesses or any other Person or Persons that can inform you concerning any of the Premises as you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one and them and every of them to examine upon their Corporal Oaths for the better Trial and opening of the Truth of the Premises or any Part thereof And if you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall find any Person or Persons whatsoever obstinate or disobedient in their Appearance before you or any three or more of you as is aforesaid whereof you the said Chancellor to be one at your Calling and Commandments or else in not obeying or in not accomplishing your Orders Decrees and Commandments or any thing touching the Premises or any Part thereof or any other Branch or Clause contained in this Commission that then you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one shall have full Power and Authority to punish the same Person or Persons so offending by Excommunication Suspension Deprivation or other Censures Ecclesiastical And when any Persons shall be convented or prosecuted before you as aforesaid for any of the Causes above expressed at the Instance and Suit of any Person prosecuting the Offence in that Behalf that then you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one shall have full Power and Authority to award such Costs and Expences of the Suit as well to and against the Party as shall prefer or prosecute the said Offence as to and against the Party or Parties that shall be convented according as their Causes shall require and to you in Justice shall be thought reasonable And further Our Will and Pleasure is That you assume our well-beloved Subject William Bridgman Esquire one of the Clerks of our Council or his sufficient Deputy or Deputies in that behalf to be your Register whom we do by these Presents depute to that effect for the registring of all your Acts Decrees and Proceedings by virtue of this our Commission and that in like manner you or any three or more of you whereof you the said Lord Chancellor to be one by your Discretions shall appoint one or more Messenger or Messengers and other Officer or Officers necessary and convenient to attend upon you for any Service in this behalf Our Will and express Commandment also is That there shall be two Paper-Books indented and made the one to remain with the said Register or his sufficient Deputy or Deputies the other with such Persons and in such Places as you the said Commissioners or any three or more of you whereof you the said Lord Chancellor to be one shall in your Discretion think most fit and meet in both which Books shall be fairly enter'd all the Acts Decrees and Proceedings made or to be made by virtue of this Commission And whereas our Universities of Oxford and Cambridg and divers Cathedral and Collegiate Churches Colleges Grammar Schools and other Ecclesiastical Incorporations have been erected founded and endowed by several of our Royal Progenitors Kings and Queens of this Realm and some others by the Charity and Bounty of some of their Subjects as well within our Universities as other Parts and Places the Ordinance Rules and Statutes whereof are either embezeled lost corrupted or altogether imperfected We do therefore give a full Power and Authority to you or any five or more of you of whom we will you the afore-named Lord Chancellor always to be one to cause and command in our Name all and singular the Ordinances Rules and Statutes of our Universities and all and every Cathedral and Collegiate Churches Colleges Grammar-Schools and other Ecclesiastical Incorporations together with their several Letters Patents and other Writings touching or in any wise concerning the several Erections and Foundations to be brought and exhibited before you or any five or more of you as is aforesaid whereof you the said Lord Chancellor to be one willing commanding and authorizing you or any five or more of you as aforesaid whereof you the said Lord Chancellor to be one upon the exhibiting and upon diligent and deliberate View Search and Examination of the said Statutes Rules and Ordinances Letters Patents and Writings as is aforesaid the
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
of Indulgence was an unlawful Act and that if they had submitted to the King's Will to have enjoined it to have been read in all Churches and Chappels of their respective Diocesses it had been an unlawful Act which was one Reason they could not comply with the King's Will and that this Declaration was not intended a Favour to the Protestant Dissenters but a Design to ruin the established Religion and Church of England and the enjoining the Bishops to have read was a Design upon their Persons as well as the Declaration was upon the Church and that the King professed himself to be of the Popish Religion which they believed and declared to be Idolatry in the worshipping Images and derogatory to God's Honour by Invocation of Saints whereby they grant to Creatures an Omniscience which is inseparable from God and only to be ascribed to him and that the King had owned the Papal Power which not only claims a Dominion over all Kings and Kingdoms to be at the Pope's disposal and who had declared the Church of England to be Heretical Schismatical and Sacrilegious Persons with whom no Faith is to be kept but had assumed a Power equal or superiour to God himself in dispensing with God's Laws and setting its own above them by sending his Ambassador to the Pope and receiving his Nuncio With what Conscience then could the Bishops approach God's Altars in their highest Acts of Devotion and in the Prayer for the Parliament declare to God that he is their most religious King and in the Litany to pray to God to keep and strengthen the King in the Worship of God or Religion which the King profest And how could they delare to God he is their most gracious Sovereign when he had imprisoned them for not submitting to his unlawful Will and had owned a Power which had declared them Hereticks Schismaticks and Sacrilegious Persons who were by all ways and means to be extirpated from the Face of the Earth Yet the Bishops by their Canonical Obedience were as much obliged hereto and to enjoin the Clergy in their respective Diocesses to offer these Praises to God as they were not to obey the King's Will by enjoining the King's Declaration of Indulgence to be read by all the Clergy in their Diocesses To this Dilemma had the flattering Church and State in King Charles the II's Reign tho intending it against the Presbyterians by their Act of Vniformity brought the Church and State too in the Reign of King James But lest this establishing of Popery should have no longer support than in the King's Life a new Miracle is to be added to the Legend for the next day after the Bishops were committed to the Tower the Queen was brought to Bed of a Prince of Wales so that now they had got a Prince of Wales and the Queen received the Consecrated Clouts and the Pope by his Nuncio is become God-father a Foundation so infallible is laid for exalting the Papal Chair and extirpating the Pestilent Northern Heresy that it's Heresy to doubt it But Man purposes and God disposes and in truth without God's special Assistance not only these Dominions of England Scotland and Ireland but all the Western Parts of Europe were not to be retrieved out of I may say even a desperate State for in England the King had a standing Army of above 20000 Men and the Whigs were but too forward to congratulate the King in his Designs and in humouring him in giving him up their Charters as the Tories in King Charles his Reign in their Abhorrences of the King 's calling a Parliament and as forward then as the Whigs now in surrendring their Charters The Protestant Army in Ireland not only disbanded by Tyrconnel and a Popish Army set up but the Protestants disarmed and Scotland so perfectly subdued that there the King 's Absolute Will without reserve must pass for Law The King of Spain so weak as not able to defend himself much less relieve others the Empire engaged in a War against the Turks in the East so as the Western Parts were in no Condition to repel the Impression the French should make upon it The Kingdoms of Sweden and Denmark remote and at such natural Enmity with one another that if one should side with France or England the other would engage against it and tho Holland were considerable elsewhere at Sea yet their Strength at Sea was inferiour to the English but much more in Conjunction of the French with the English However something must be done for Modesty in this State had been the highest Crime and of all Foreign Princes the Prince of Orange was most immediately concerned not only in the Oppression of the French King upon his Principality of Orange and the Dangers which threatned the Vnited Provinces by the swelling Grandeur of the French but by the King 's Arbitrary Proceedings in England for the Princess was the Presumptive Heir to the Crown of England and Scotland And since it is the Laws and Constitutions which erect these Nations into Kingdoms whereof the King is the Head then if the King destroys the Laws and Constitutions he is neither King nor the Princess of Orange Presumptive Heir to them besides since the King had assumed a Power of Dispensing with the Laws he might as well in Dispensing with the Succession and the Prince was well assured neither those about the King nor the Pope would much favour his or his Lady's Title to the Crown nor was the introducing the Prince of Wales into the World intended to have either the Prince or Princess come to the Crown of England The Prince of Orange thus injured by both these Kings and being denied the Benefit of any Humane Laws for redress has recourse to God and his Sword for relief and opposes the Justice of his Cause against the Potency of his Adversaries Nor does he take up his Sword to vindicate his own Rights only but for restoring the Kingdoms of England Scotland and Ireland to their antient Rights Laws and Privileges invaded by King James and to put a stop to the French King 's boundless Ambition and Tyranny in Murdering Ravaging and Destroying rather than making a War upon all his neighbouring Princes not dispossest and ruined by him A Design so great by so little a Prince as no less than a Divine Power could inspire him to such an Undertaking The Prince these two last years had several Conferences with the Electors of Brandenburg Saxony and the Princes of the House of Lunenburg and other Princes of Germany it 's believed in concerting Measures how to behave themselves against the Designs of these two Kings but the Results were so secret that I find no mention of them But how secret soever these Results were yet the Preparations to put them in Execution could be no Secret especially the Naval Preparations by Sea though the Dutch Ambassador assured the King they were not intended against him yet refused to communicate
the Design At this time there was not only a high Ferment in all the Nation against the King's Proceedings but in the Army against its mixture with Irish Officers and Soldiers which put the King into a great Agony which was increased by the Dutch Preparation Whereupon the Marquess d' Albeville the King's Envoy at the Hague upon the 2d of Sept. N. S. 23d of Aug. O. S. put in this Memorial to the States General High and Mighty Lords THE great and surprizing Preparations for War made by your Lordships by Sea and Land in a Season when all Action especially by Sea is laid aside giving just Cause of Surprize and Alarm to all Europe obliges the King my Master who has had nothing so much in his Mind since his Accession to the Crown as a Continuation of the Peace and Correspondence with this State to order the Marquess d' Albeville his Envoy Extraordinary to know your Highnesses Intentions thereby His Majesty as your antient Ally and Confederate believes it just to demand this Knowledg which he hoped with good Reason to have heard from your Ambassador but as he sees this Duty of Alliance and Confederation neglected and that such Power is raising without communicating the Intent in the least to him he finds himself obliged to reinforce his Fleet and to put himself in a Condition to maintain the Peace of Christendom The States paused upon an Answer to this Memorial when upon the 9th of September N. S. or the 30th of Aug. O. S. Monsieur d' Avaux the French Ambassador put in a Memorial to the States wherein he foolishly discovers the Contrivances which had been so long hatching between his Master and King James for after a long Story of his Master's Desire of maintaining the Peace of Europe now he had actually broke it he impertinently tells the States All these Circumstances and many others that I may not here produce perswade the King my Master with reason that this Arming threatens England Wherefore His Majesty hath commanded me to declare to the States on his Part that the Bonds of Friendship and Alliance between him and the King of Great Britain will oblige him the French King not only to assist him the King of Great Britain but also to look on the first Act of Hostility that shall be committed by your Troops and your Fleet against his Majesty of Great Britain as a manifest Rupture of the Peace and a Breach with his Crown Though the Dutch made no Answer to this Memorial yet they made no Bones to make this Answer to the Marquess d' Albeville's That they had armed in Imitation of his Britannick Majesty and other Princes and that they had thereby given no just Cause of Offence by arming when all other Princes were in Motion and that they were long since convinced of the Alliance which the King his Master had treated with France and what had been mentioned to them by Monsieur le Count d' Avaux in his Memorial This Answer King James took all one as if the Dutch had declared War against him and all the Eyes of England are now turned toward Holland as if from thence they expected Deliverance from the Designs of King James and his Popish Crew and the Fathers and Sons too of the Church of England are at as much Variance in their private and publick Prayers to God as Whig and Tory were in their Humours for in their private Prayers they pray for Prosperity to the Prince of Orange and in the Liturgy they pray that God would be King James's Defender and Keeper giving him Victory over all his Enemies God was pleased to prefer the private Prayers of the Church-men before those of the Church and to have granted both had been impossible and to put a hook into the French King's Nose who turned those Forces which he had raised not for the Peace and Tranquillity of Europe as d' Avaux said in his Memorial to the Dutch States upon the Empire where without any Declaration of War or Cause alledged he first fell upon Philipsburg which he took and after Heydelberg and Mainheim and while he was thus engaged he left the Prince of Orange free to vindicate his Cause against King James whereas if the French King had turned those Forces which he employed against the Empire upon the Spanish Netherlands and he might as justly have done this as that the Prince of Orange would have had little Force and less Leasure to have made any Attempt upon King James Thus God is pleased often to turn the Wisdom of the Crafty I will not say Wise into Folly and Destruction You have heard before how the French King in the beginning of the Year had sent out a Fleet to Canada whereupon the Company of Hudsons-Bay represented to the King their Apprehensions it was a Design upon their Factories and Plantations and so it succeeded for the French seized upon a Fort and Plantation of theirs called Fort Charles Towards the latter end of the Summer the King without the Knowledg of Hudsons-Bay Company entred into a Treaty of Commerce with his Brother of France in reference to the Trade of Canada wherein it was concluded that the Forts and Factories should be reciprocally enjoyed in the same state they were at the Conclusion of this Treaty the French having taken the Fort and Factory of Charles about three Months before So little did this King regard the Safety and Welfare of his Subjects wherein his Majesty and Honour was founded for to pleasure and endear his Brother of France from whom he expected mighty things for the Advancement of his Prerogative without reserve in England Scotland and Ireland Thus have I brought down the History of this King's Reign to the History of the Desertion where at large and particularly you may read how by a Wonder equal to King Charles his Coming in King James went out And if no human Prospect could have foreseen where the Tyranny of King Charles the I's Reign would have ended if the Long Parliament in 1640 had not put a full Stop to it so no uninterested Person was so purblind as not to see if the Heroick Magnanimity of this King in his Queen's his own and the Nation 's Right and for the common Safety of Christendom had not put a Stop to King James his Designs but the Popish Superstition and French Tyranny would have been imposed upon these Kingdoms and have overspread Christendom We admit these four Kings of the Scotish Race had an Hereditary Title to have governed England by the Laws and Constitutions of it yet no Hereditary King hath any higher Title nor any Man a Right to do Wrong and for an Hereditary King to govern otherways is a greater Tyranny than if an Usurper does by how much he adds Perfidiousness and Breach of his Trust to it Yet so it was that these four last Kings of the Scotish Race which should have been the Guardians of England in preserving the
my self of the Difficulties I labour under in these Expedients For a Reformation of State Affairs cannot be made but to the Hinderance of many particular Men whose Education it may be has placed them in their Stations these are known and by these I am sure to meet with all possible Opposition whereas in contending for the Benefit and Security of the Nation every body's Business is no body's Business and not one in ten thousand will concern themselves in it however Truth is sacred and a divine Air attends it and what is neglected in the present time may prevail in succeeding Generations And I will beg but one thing of my Opponents viz. That they will not answer me by Clamour but by Reason and not Reason in Extremes for thereby we shall differ and wrangle in the Means without end and let this stand for a Maxim That the Publick in all Business of this Concern is to be preferred before the Private and the Safety of the Nation before any Man 's particular Interest The Security of every Country depends upon the Strength of one Country against another in case of War between them and herein Countries are to be considered as they are placed in reference to each other The Bounds of Inland and Mediterranean Countries are Rivers Lines and Forts which are esteemed sacred and a Violence done to them is esteemed a just Cause of War and so long as these are preserved the Countries within are secured from foreign Wars Britain is an Island which knows no Bounds but the Ocean and the Kings of it are Soveraigns of those Seas which beat upon the British Shores and in preserving this Soveraignty Britain is more secure from foreign Invasion than any other Kingdom in the World how great soever which is on the Terrene Continent But this Dominion hath been of late disputed by the Dutch and is at present by the French nor shall the King of Britain be secure of the Soveraignty longer than he is able to defend it against the French and Dutch whereas at present the French contend for this Soveraignty against the English in Conjunction with the Dutch But suppose by an Accident of the Times in these Circumstances the French had joined the Dutch as they did in the first Dutch War in King Charles II's Time not 30 Years since what a Condition had these Kingdoms of England Scotland and Ireland been in And I say the King of England shall never be able to maintain the Dominion of the British Seas and thereby secure the Safety of the Nation unless he be able to defend it against the French in Conjunction with the Dutch I 'm a Lover of Mathematical Learning because it premises its Principles before Men begin to learn or reason from them whereas otherwise where Men begin Disputing they proceed and end in Contention and Wrangling and I say that Trade is a Principle to Navigation but above all the Fishing Trades and therefore as you encrease your Trades so you may infinitely encrease your Navigation and as Trade is a Principle to Navigation so is Navigation a Principle to maintain the Dominion of the Seas and therefore so much as the Trades of England be lessened so much will the King be less able to maintain the Dominion of the Seas upon the Coasts of England and Scotland and this will be in a double proportion for so much as we lose in either the French and Dutch will gain as well to the Loss of England as to the endangering the Safety of it against foreign Enemies How therefore we may preserve the Trades which we now enjoy and encrease them by our selves and where we cannot do by our selves by the help of others is the main Design of these Expedients Expedient I. That the King establish his Throne in Religion Justice and Mercy and that herein the Subjects Fear God and honour and obey the King for if either stray from hence they will fall either into Confusion or Tyranny whereby the Nation will become divided in it self to the endangering the Safety of it from within and without and never be happy till it be restored to what it was before Expedient II. 1. That for the Conservation of the Trades we now enjoy and for the Employment of our English Natives Foreigners continue to be excluded from our American Plantations and herein neither French nor Dutch have any Reason to complain for the Dutch do the same in their Spice Trade and so do both French and Dutch in their African and American Plantations but herein it 's not fit for the English to be restrained to English-built Ships as well for the Inconveniences which have been shewed before as for that we may want English Timber for this and our other navigating Trades and the King for building and repairing his Navy Royal wherein our English Men of War built of English Timber excel all other being more tough and less liable to splinter whereby the English Men of War built of English Timber will endure a Battery which Ships built of foreign Timber will not 2. That the home-vent of our Newcastle and Sunderland Trades in times of Peace be driven by the Natives of England exclusive to Foreigners as also our other Trades from Port to Port in England and also to Ireland tho these be impoverishing Trades to the Nation for the Pitch Tar Masts Cordage and Sails generally used in these Trades are foreign Commodities to the Nation and for acquiring which we return very little of our Manufactures and the digging the Coals out of the Pits and burning them in London and other Places no ways enriches the Nation to supply the foreign Expence for Pitch Tar c. used in them nor are either old Men Women or Children employed in these Trades but only young and lusty Men and that but half the Year so that Ipswich and other Coast-Towns which depended upon these Trades are almost quite unpeopled by reason the rest of the Inhabitants find no Employment in them However I 'm confident that this Newcastle and Home-Trade and that to our American Plantations employ above four fifths of all the Ships in all the Trades we drive by Navigation and therefore we 'll take care to keep these by excluding Foreigners out of them in times of Peace and unless Foreigners beat us out of these Trades they cannot get them from us For ought I know the Newcastle and Sunderland Trades are better carried on in English-built Ships than foreign because Coals being a bulky Commodity and lying loose in the Hold of the Ships in stormy Weather and rolling Seas batter the sides of the Ships and the English Timber being tougher than the foreign it better endures this than those foreign built but it were Arrogance for any to say because of one Convenience no other Ships shall be employed in this Trade for hereby the King may want English Timber to build and repair his Men of War besides all Arts and Sciences are
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.
Indulgence to be read in Churches 644. Jefferies the Commons Votes against him 556. Releases the impeached Lords 611. His savage Cruelty in the West c. 613 620 621. Is made Lord Chancellor 630. Jesuits their Projects in England 200 201. for which some were taken yet releas'd by the King 201. Ignoramus the Play 74. Ingoldsby sent against Lambert 420. Inoiosa Spanish Ambassador presents the King a Paper against the Prince and Buckingham 130 132. which much perplexes him 132 133. Johnson Mr. Samuel whipt for writing an honest Address to the English Army 638 639. Jones Sir Tho. his Thoughts of a Dispensing Power 630. Sir Will. put out and for what 546. Ireland how bounded c. 12. A horrible Massacre there 277 343. Another design'd 448. and a Rebellion in Conjunction with the French 472 533. K. James's Proceedings there 624 625 632 641. Irish Cattle Act to prohibit their Importation with 9 Observations upon it 462 467. Is made perpetual 559. Judges their Opinion for Ship-Money 258. Those made by Char. II. 501. Juries hated by Cromwel 400 401. Are pack'd to murder honest Men 601 602 611. Jurisdiction of Parliaments discust in relation to Fitz-harris 588 590. Jus Divinum 330 332 544. Juxton Bishop of London made Lord-Treasurer 265. K. KIngs their divided Will against Law 5. Never parted with Parliaments in Disgust till the Stuarts 205 267. Not wont to be present at Debates in Parliament 502. Never speak but in Parliament or under the Great-Seal 568. Kirk Maj. General his barbarous Inhumanity at Taunton 622. Kirk-Party strict with James VI. 34. Mind the King of his Covenant 443. See Scots L. LAmbert turns against Cromwel 399. After against his Son 406. Is made Lieutenant-General 408. Petitions the Rump 409. Is turn'd out by them ib. and after turns them out 410. Marches against Monk 412 414. Is sent to the Tower 416. Is routed and taken Prisoner 421. Langdale Sir Marmad his Success for the King 309. Is discontented 311. Laud his Rise and Character 122 123. Puts the King on altering Religion in Scotland 122 123 242 255 256 260. Gets a Bishoprick by playing the Spaniel 123. His ways to ruin Bishop Williams 124 239. Proves a Firebrand c. 157 166 167 226 239 242. Is made Bp of London 226. Favours Popery 231. His great Care of the Church 167 227 241 242. Prosecutes his Injunctions concerning Ceremonies with great Severity 254 255 257 258. Quarrels with the King about visiting the Vniversities 256 257. Procures an Alteration in the Church of Scotland 262 263. Lauderdale some account of him 441 442 454. Is bitter against the Presbyterians in Scotland his Highland Government there 490 491. Laws c. ought to be in the Mother-Tongue 363 404 405 665. Lenthal made General by the Rump 408. Lestrange Roger Champion of the Tory-Cause 500. Is employ'd to ridicule the Popish Plot 545. Levellers in the Army 318. Liberty of Conscience to be continued 662. See Dissenters and James II. Lindsey Earl sent to relieve Rochel but in vain 225. Lisle Lady her unparallel'd Case is basely murder'd 620. London on ill Terms with the King 272. yet lend him Money 273. Raise Souldiers under Waller c. 321. In Confusion 414. Join with Monk for a Free Parliament 419. Is set on fire 461. See Hubert Long Mr. sentenc'd in Star-Chamber 234. Lorain Duke basely dealt with by the French King 474. Lords five impeach'd by the Commons 535. See Jefferies Lowden Chancellor of Scotland his Speech concerning Cromwel 303 304. Ludlow deposes Henry in Ireland 408. M. MAckenzy Sir Geo. pleads against the Earl of Argyle 584 585. Magdalen-College Story 640. Mansfield denied landing at Calais contrary to Agreement 146. Manwaring for the King 's absolute Power 197. Impeach'd by the Commons and sentenc'd by the Lords 214 215. Is promoted by Laud 227 256. Marriage with France see Charles I. Marsilly murder'd at Paris to the Dishonour of K. Charles 479. Marston-Moor Fight 307. Maurice Prince for the King 298. Is lost in the W Indies 327. May Tho. Esq his Treatise of the Civil Wars disprov'd 280 295. Mazarine turns K. Charles c. out of France 383. His Success against the Pr. of Conde 388 389. and Loss at Ostend 402. Opposes K. Charles's Restoration 421 422. Meal-tub-Plot discover'd 546. Militia who shou'd have the Power of it the chief Cause of the War 296. Whether it belongs to King or Parliament ib. 329. Mombas betrays the Dutch 484 486. Monk takes Sterling-Castle and Dundee 347. Complies with Cromwel 359. Engages the Dutch 356 371 372. Is caress'd on his Victory 373. Sent to Scotland 383. His Pedigree and Story 384 385. His Regency in Scotland 410. Is much courâ—ed secures Berwick 411. His ill Success treats with the Committee of Safety but displeas'd with the Agreement with a Story of him 412 413. Sends to Fleetwood summons a great Assembly at Edinburgh abjures K. Charles 413. His Success 412 416. Is declar'd for in Ireland 412. Marches to London is addrest for a Free Parliament 416. Is carest by the Rump his Speech to them 417. Pulls down the Gates of the City sends an angry Message to the Rump 418. Declares for a Free Parliament at Guild-hall and restores the secluded Members 419. Meets the King at Dover and is made Knight of the Garter 426. Monmouth Duke sent against the Covenanters 543. 'T was believ'd his Mother was married to the King and why 544. Is unjustly put to Death 619. Monopolies injurious 55 56 65. Montross for the King 313 315 316. Is routed and executed 344. Morley Col. Herbert secures the Tower for Monk 418. Mountague accus'd by the Commons of Arminianism 166. Is favour'd by the King 166 167 171 226. Impeach'd by the Commons for favouring Popery 180 183 226. Made Bp of Chichester 226. and after of Norwich 227. Holds Correspondence with the Pope 273. Muscovy the Czar revokes the English Privileges on K. Charles's Death 350. N. NAseby Fight 311 312. Navigation-Act made by the Rump 350. Its Inconveniences 364 367 391 455 653 658. Nayloâ— James his Blasphemy 396 Newberry first Fight 299. Second Fight 308. Newfoundland Fishery how the French got it from us 390 391. North Sir Francis a Tool in the late Times 592. Promoted 603. Northampton Earl concern'd in Overbury's Death see Carr and Overbury Yet in favour with the King tho a Papist 72 73 Incourages the Irish Papists 74. November 5. appointed an Anniversary Thanksgiving 58. Noy Mr. against the Court 208. Is taken off by being made Attorney-General 243. His Pretence for Ship-money c. 252. O. OAtes Dr. first discovers the Popish Plot 532. His excessive Fine 610. Indicted of two pretended Perjuries 610 613. His barbarous and illegal Punishment 613. Oaths Remarks on that of the Scots Covenant 368 438. on the Convocation-Oath 369 438. on the Corporation-Oath 431 439. Orange Prince General for the Dutch 486. Declar'd Stadtholder is courted by the French King his noble Answer to his Proposals
488. His Success against the French 492 495. Fights the French at Mount Cassel 505 513. Comes into England 507 515. Opposes a separate Peace 507 508 511. Advises concerning the Lady Mary 509. His brave Resolution against the King's Answer at which he 's much disgusted 515. Is married 516. Treats of a Peace with France 516 517. Is suspected by the Confederates and why 518 520. but afterwards clear'd 525. Routs the French before Mons 528. His generous Design to save these Nations from Ruin 648. Orleans Dutchess see Dover Ormond Marquess makes Peace with the Irish 343. His Design for the Prince defeated 402. Ossery Lord his Friendship with the Prince of Orange 508. Overbury Sir Tho. his Story is destroy'd by the King's Favourites 62 64 68 70. His Advice to Rochester 64. His Murder discover'd and how 77 79. Overton Col. conspires against Monk 396. Oxford Parliament see Parliament Treaty there broke off and why 314. P. PApists to be tolerated 674 675. see Popish Parliaments their Constitution Ends c. 48. Ought to be Annual 49. Vsed to redress Grievances before they gave Money 49 97 616. Never dissolved in Anger till the Stuarts 205 267. Endeavour'd to be overthrown by Char. II. 614 630. Parliament in 1640 redress the Nation 's Grievances 276. Enter into a Protestation 277. Charg'd with beginning the War 280 286 296. Take the Militia from the King 293 294. Seize the Fleet 295. Raise an Army 296. Their ill Success the two first Years 296 298. Treat with the Scots for Assistance 298 Take their Covenant 299. Place no Trust in the King 315. Send an Army into Ireland 317. Their Affairs inverted by the Army 319 320. Order the King to London 321. Send Propositions to him 322. Their warm Votes concerning no further Treaty with him 324. See Commons Parliament of Char. II. their first Acts 430 431 439. Address against the King's Indulgence 447. Their Severity to Dissenters 448 458. Prohibit the Importation of Irish Cattle 462. Grant a Tax for the War against Holland 467. for the Triple League 473. for a War against France 475. Pass a Bill against Papists enjoying Places 491. See Commons at Oxford Lords petition against its meeting there 559 560. Sits but 7 days their Proceedings 564 566. K. James's pack'd one 615 616. Scarce deserv'd the Name 616 617 619. Their Acts 617 618. The Commons Address concerning Popish Recusants 628. Remarks upon it 628 629. Passive Obedience unknown to our Fathers 206. It s Inconsistence 531. Peers Jurisdictions in Appeals question'd by the Commons 502 504. Penruddock Col. beheaded after Articles granted him 386. Pensioners in Parliament 490 500. Pentland Scots rise there but are terribly routed 458. Petition of Right oppos'd by Buckingham c. defended by Williams c. 207. The Lords Saving to it oppos'd by the Commons 208 209. Is passed 210 216. but broken by the King 218 227 228 236. Is printed by the King with his Answer to it 228. Philip III. of Spain his Character 36. Philips Sir Rob. against the Court 174 180 229. Plague a great one in 1 Jac. I. 37. A greater in 1 Car. I. 153. A yet greater in II's Reign 458. Pontfract Castle surrendred to the Parliament 327. Popery some of its Antichristian Doctrines 149 150. Is promoted by K. James 642. Pope's Nuncio heads a Rebellion in Ireland 277 343. His Despotick Tyranny there 343. One arrives in England 642. Popish Party conceive great hopes of England from the Match with Moderna 499 500. Have Commissions for raising Souldiers 535. Are favour'd by K. James see James II. Plot the Parliament's Votes concerning it 535 557 587. The Evidence in it justified 539 540. Some Account of it 540 541. It s Discovery supprest and how 546 547. Ports excellent ones in England 658. Portsmouth surrendred to the Parliament 296. Dutchess who she was 474. Prague see Frederick Presbyterians join with the Royalists 409. Printers petition against Laud 231. Privileges of Parliament discust 552 554. Proclamations against talking of State-Affairs 96 97. Prorogations of Parliament not used till Hen. 8. Account of one in Char. 2d's time 520 521 533. Protestants in France suffer by James I. 96. and by Charles I. see Char. I. and Rochel Puritans increase 154. Oppos'd by Laud c. 122 157 227. Persecuted by him 258. Pyrenean Treaty 421 422. Broke by the French K. 427 428 471. Q. QVeen proclaim'd Traitor by the Parliament 298. Arrives in England on some dark Designs 428. Quo Warranto see Charter R. RAcking Men declar'd to be against Law 227. Raleigh Sir Walter his Story 82 85. Is beheaded the he had been pardoned 85. Rents whence their Fall 463. Republicans conspire against Cromwel 386 399. Restore the Rump 408. Revenue of Q. Elizabeth 32. of James II. which see Richlieu some Account of him 141 142 176. Is parallel'd with Laud 239 240. Promotes the Contentions in England and Scotland 265 272 279. Engag'd in the Irish Massacre 277 343. Rochel Fleet subdued by the French English and Dutch 174. Not reliev'd by the English as promis'd 225. Miserably reduc'd 226. Roman Empire the Causes of its Ruin 17 24. Rothes Earl Commissioner in Scotland 454. Rump Parliament their Votes concerning the King with Remarks 332 333. Erect High Courts of Justice one of which takes off the King 333 346 347. Abolish Monarchy 342. Their prodigious Acts ib. Their Success in Ireland 343 344. in Scotland c. 345 347 350. against the Dutch 351 353 356. Propose a Coalition with them 350. Their Demands of them ib. 353. Their Answer to the Dutch Excuses 352 353. Their Letter to the States of Holland 357. to the States General 358. Are turn'd out by Cromwel 362. Their Character c. 363 364. Are restored by the Republicans 408. Turn out Lambert c. and constitute a Council of War 409. Are turn'd out again 410. and put in again by Fleetwood 416. Send to Monk ib. Rupert Prince lost several Battels by his Rashness 297 307 311. Forc'd into France 327. Saves the King's Life at Windsor 541. Rushworth commended 8. Russel Lord murder'd 601. S. SAndwich Earl affronted by the Duke of York is slain 480 481. Scotland Account of its Church-state 260 263 440 441. It s Alteration endeavour'd see Laud. Great Persecution there see Lauderdale Scots oppose Common-Prayer c. and enter into a solemn Covenant against it 263. Vp in Arms propose an Accommodation 265. Declare against Episcopacy 270. Declar'd Traitors enter England 271. Keep not the Articles of Pacification 280 281. Began the War 280 286. Break their Word with the King and join the Parliament 300 331. Murder in cold Blood 316. Sell the King 317. Their Government not lik'd in England ib. Are routed by Cromwel which see Their Government chang'd by the Rump 347. Have four Citadels built to curb them 410. Their happy State under Monk ib. Parliament appoint May 29. an Anniversary Thanksgiving 443 444. Their other Acts abolish Presbytery 444 447. Grant