Peace in all his Dominions when all our Neighbours about are in a miserable Combustion of War but Dulce Bellum inexpertis 5. That he had ever professed to restore his Children to their Patrimony by War or Peace and that by his Credit and Intervention with the King of Spain and Arch-Dukes he had preserved the lower Palatinate from the farther conquering for one whole Year and that his Lord Ambassador Digby had extraordinarily secured Heidelburg 6. That he could not couple the War of the Palatinate with the Cause of Religion and that the War was not begun for Religion but only by his Son-in-law's hasty and rash Resolution to take to himself the Crown of Bohemia and that this Usurpation of it from the Emperor had given the Pope and that Party an Occasion to oppress and curb many thousands of our Religion in divers parts of Christendom Here I desire that the Reader take notice of the Case of the Bohemians as it is set forth by Baptista Nani fol. 126. Anno 1618 after they had Liberty of Conscience granted them by Rodolph the Emperor and that Ferdinand had no colour of Title to the Kingdom of Bohemia but as he forced the Emperor Matthias to surrender it to him Ferdinand says he bred up in the Catholick Faith detested all sorts of Errour and therefore by how much not succeeding to the Father he found the Patrimonial Countries incumbred with false Opinions so much more with signal Piety had he applied himself to promote the true Worship with such Success that at last those Provinces rejoiced to be restored to the Bosom of the Antient Religion But this was not without some Sort of Severity so that many not to leave their Errours were constrained to abandon their Country and sell their Estates living elsewhere in Discontent and Poverty and others driven away by force and their Estates confiscate saw them not without Rancour possessed by new Masters and all this done in the Life of Matthias So that Ferdinand as his Title was Vsurpation and Force so was the Exercise of it Tyranny in the highest Degree to the Overthrow of the Bohemian Laws and Liberties therefore the Original of the Bohemian War was not founded in the Election of Frederick to be King for Ferdinand perpetrated these things two Years before Nani goes on and says in the Empire therefore in which the Religion no less than the Genius is for Liberty there appeared great Apprehensions that where Ferdinand should get the Power he would exercise the same Reformation and impose a Yoke so much the more heavy by how much standing in need of Money and the Counsels of Spain he should be governed by the Rules and Maxims of that Nation so hateful to the Germans So that it was not the Election of Frederick to be King of Bohemia that opened that Gate for the Pope and his Party for curbing and oppressing of many thousand of our Religion in divers parts of Christendom as the King said for it was set wide open before by Ferdinand 7. That the Commons Debates concerning the War with Spain and Spanish Match were Matters out of their Sphere and therefore Ne sutor ultra Crepidaâ— and are a Diminution to him and his Crown in Foreign Countries That the Commons in their Petition had attempted the highest Points of Soveraignty except the stamping of Coin 8. That for Religion he could give no other Answer than in general that the Commons may rest secure he will never be weary to do all he can for the Propagation of ours and repressing of Popery but the manner they must remit to his Care and Providence 9. That for the Commons Request of making this a Sessions and granting a General Pardon it shall be their fault if it be not done But the Commons required such Particulars in it that he must be well advised lest he give back double or treble of that he was to receive by their Subsidy but thinks fit that of his free Grace he sends down a Pardon from the higher House containing such Points as he shall think fittest 10. He thinks it strange the Commons should make so bad and unjust a Commentary upon some Words in his former Letter as if he thereby meant to restrain the Commons of their antient Privileges and Liberties in Parliament wherein he discharges them from meddling with Matters of Government and Mysteries of State namely Matters of War and Peace or his dearest Son's Match with Spain or that they meddle with things which have their ordinary Course in the Courts of Justice That a Scholar would be ashamed so to mis-judg and misplace Sentences in another Man's Book for in the coupling these Sentences they plainly leave out Mysteries of State and so err a bene divisis ad mala conjuncta that for the former part concerning Mysteries of State he plainly restrained his meaning to the Particulars which were after mentioned and for the latter he confesses he meant it by Sir Coke's foolish Business and therefore it had well become him especially being his Servant and one of his Council to have complained to him which he never did tho he was ordinarily at Court and never had Access refused him Sir Coke's Business was a Conspiracy against him by my Lord Chancellor Bacon one Lepton and Goldsmith after he was discharged from being Chief Justice to have exhibited an Information against him in the Star-Chamber or have sent him into Ireland The Business was debated in the House of Commons but Sir Edward complained not nor appeared to speak in it If the King were uneasy with the Commons Remonstrance the Commons were not less with the King's Answer and at the Resolution taken at Court to adjourn the Parliament to the 8th of January next which the Commons took to be a Violation of their Privileges and an Omen of their Dissolution whereupon they entred this Protestation THE Commons now Assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Privileges of Parliament among others here mentioned do make this Protestation following That the Liberties Franchises Privileges and Jurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects of England and that the ardueus and urgent Affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and Redress of Grievances and Mischiefs which may happen within this Realm are proper Subjects and Matter of Counsel and Debate in Parliament and that in the handling and proceeding of those Businesses every Member of the House of Parliament hath and of right ought to have freedom of Speech to propound treat reason and bring to Conclusion the same And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such order as in their Judgment they shall think fittest And that every Member in the said House hath likewise freedom from all Impeachment Imprisonments and
Lord Keeper par 2. fol. 14 15. tit 14 15. The Lord Keeper at Woodstock was censured by the Duke and his Creatures for this the Keeper therefore unsent for comes to Woodstoock and thus applies himself to the Duke My Lord I am come unsent for and I fear to displease you yet because your Grace made me I must and will serve you though you are one that will destroy that which you made let me perish yet I deserve to perish ten times if I were not as earnest as any Friend your Grace hath to save you from perishing The Sword is the Cause of a Wound but the Buckler is in fault if it do not defend the Body You brought the two Houses hither my Lord against my Counsel my Suspicion is confirmed that your Grace will suffer for it What 's now to be done but to wind up a Session quickly The Occasion is for you because two Colleges in the Vniversity and eight Houses in the Town are visited with the Plague Let the Members be promised fairly and friendly that they may meet again after Christmas requite the Injuries done to you with Benefits not Revenge for no Man that is wise will shew himself angry with the People of England I have more to say but no more than I have said to your Grace above a Year past at White-hall confer one or two of your great Places upon your fastest Friends so shall you go less in Envy and not less in Power Great Necessities will excuse hard Proposals and horrid Counsels St. Austin says it was a Punick Proverb in his Country Ut habeas quietum tempus perde aliquid At the Close of the Sessions declare your self to be forwardest to serve the King and Commonwealth and to give the Parliament Satisfaction Fear them not when they meet again in the same Body whose ill Affections I expect to mitigate but if you proceed trust me with your Cause when it comes into the House of Lords and I will lay my Life upon it I will preserve you from Sentence or the least Dishonour This is my Advice my Lord if you like it not Truth in the end will find an Advocate to defend it The Duke replied no more but I will look to whom I trust and flung out of the Chamber with Menaces in his Countenance Mr. Rushworth fol. 202. says that the Keeper told the Duke in Christ-Church when the Duke rebuked him for siding against him in that he engaged with William Earl of Pembroke to labour the Redress of Grievances That he was resolved to stand upon his own Legs and that the Duke should answer If that be your Resolution look you stand fast Where Mr. Rushworth had this I cannot tell but this being so unlike the Keeper's Carriage to the Duke both in King James's time and after and also to the Narrative before set forth by the Bishop of Litchfield who being the Keeper's Chaplain could have a better Inspection herein than Mr. Rushworth could have had but especially since the Reasons which the Keeper put into the King's hands which you may read in the Life of the Keeper par 2. tit 18. to satisfy the King of his Carriage while the Parliament sate at Oxford being so contrary to what Mr. Rushworth says I incline rather to believe the Bishop However the Commons presuming to enquire into Buckingham's Actions are censured at Woodstock for spiteful and seditious and therefore not fit to continue but to be dissolved which being understood by the Keeper with Tears and Supplications he implored the King to consider there was a time when his Father charged him in the Keeper's Hearing to call Parliaments often and to continue them though their Rashness might sometimes offend him that by his own Experience he never got good by falling out with them But chiefly Sir said he let it never be said that you kept not good correspondence with your first Parliament do not disseminate so much Unkindness through all the Counties and Boroughs of your Realm The Love of your People is the Palladium of your Crown Continue this Assembly together to another Session and expect Alteration for the better if you do not the next Swarm will come out of the same Hive The Lords of the Council did almost all concur with the Keeper but it wanted Buckingham's Suffrage who was secure that the King's Judgment would follow him against all the Table Thus far the Bishop But there was another Cause which the Bishop does not mention but Mr. Rushworth does fol. 336. which caused the hasty Dissolution of this Parliament Captain Pennington was come to Oxford from delivering the Fleet into the French Power to give an Account of the Reason of it but by the Duke's means was drawn to conceal himself and not to publish in due time his Knowledg of the Premises as it shortly after appeared and if this should have been made known it would not have been in the Power of the Keeper to have brought off the Duke from Sentence or the least Dishonour so upon the 12th of August the Parliament was dissolved but before their Dissolution the Commons made this following Declaration WE the Knights Citizens and Burgesses of the Commons House of Parliament being the Representative Body of the whole Commons of this Realm abundantly comforted in his Majesty's late gracious Answer touching our Religion and his Message for the Care of our Health do solemnly vow and protest before God and the World with one Heart and Voice that we are resolved and do hereby declare that we will ever continue most Loyal and Obedient Subjects to our most Gracious Soveraign Lord King Charles and that we will in a convenient time and in a Parliamentary way freely and dutifully do our utmost Endeavours to discover and reform the Abuses and Grievances of this Realm and State and in like sort to afford all necessary Supply to his most excellent Majesty upon his present Occasions and Designs Most humbly beseeching our said dear and dread Soveraign in his Princely Wisdom and Goodness to rest assured of the true and hearty Affections of his poor Commons and to esteem the same to be as we conceive it is indeed the greatest worldly Reputation and Security that a just King can have and to account all such as Slanderers of the Peoples Affections and Enemies to the Commonwealth that shall dare say the contrary But the mighty Buckingham shall not only dare to say but dare to do the contrary so much easier is it in such a Reign for a Favourite to ruine a Nation than for a Nation to have Justice against a Favourite Here let 's stay a little and see what state the King had brought himself to within less than five Months after he became King First he took Mountague to be his Chaplain a virulent seditious ill-natur'd Fellow to protect him from his Contempt against his Metropolitan and the Parliament for publishing new-fangl'd Opinions to the Disturbance of the Peace
to the Earl that it was his Majesty's Pleasure withal no doubt but by the Advice of his highest Council of State that the Earl should continue in the same Restraint he was so that he forbear his personal Attendance in Parliament But since the Duke could no longer otherways keep the Earl out of the House of Lords the King by my Lord Keeper signified to the Lords that his Pleasure was they should send for the Earl as a Delinquent to answer Offences committed against him before his going into Spain and since his coming back and his scandalizing the Duke of Buckingham immediately and by Reflection upon himself with whose Privity and Direction the Duke guided his Actions and without which he did nothing And now Sir Robert Heath the King's Attorney-General exhibited eleven Articles against the Earl it was thought fit to leave out the other nine which the Earl had answered to King James without any Reply and in the last of these the Earl is charged with giving the King the Lie in offering to falsify that Relation which his Majesty affirmed and thereunto added many things of his own Remembrance to both Houses of Parliament which you may read at large in Rushworth's Collections from fol. 153 to 158. Hereupon the Earl exhibited a Charge of High Treason and Misdemeanours in twelve Articles against the Duke and another against the Lord Conway of High Misdemeanours which you may read at large in Rushworth from fol. 266 to 270. And upon the Delivery of them the Earl desired a Copy of the King's Charge against him in Writing and time allowed to answer and Counsel assigned him and said there was a great Difference between the Duke and him for the Duke was accused of Treason and at large and in the King's Favour and that he being but accused of that which he had long since answered was a Prisoner and therefore moved the Duke might be put in equal Condition which tho the House did not yet were not satisfied to commit the Earl to the Tower and order'd That the King's Charge against the Earl should be first heard and then the Earl's against the Duke yet so that the Earl's Testimony against the Duke be not prevented prejudiced or impeached The King in a Message to the Lords by my Lord Keeper would have blasted the Earl's Articles against the Duke for two Reasons if they may be called so The first was That the Narrative made in the 21 Jac. in Parliament trenches as far upon him as the Duke for that he went therein as far as the Duke But what then Shall not the Earl be heard in his Defence against that Declaration which was designed to blast the Earl's Honour and Integrity and Justice is no Respecter of Persons The other was That all the Earl's Articles have been closed in his Breast now these two Years contrary to his Duty if he had known any Crime of that nature against the Duke and now he vents it by Recrimination against the Duke whom he knows to be a principal Witness to prove his Charge against the Earl This is strange for his Majesty's Reign was scarce yet a Year old and all this while the Earl was under a Restraint and not permitted to come to the Parliament which ended at Oxford and in his Father's Reign after the Earl had answered all the Duke's Articles against him without any Reply King James promised him he should be heard against the Duke as well as he was against him tho he lived not to make good his Promise Now let 's see the Levity of this Prince the necessary Concomitant of Wilfulness and which he pursued in every step of his Reign without any Remorse that I could ever find for the Lodgment of the King's Charge against the Earl in the House of Lords was scarce cold whenas it was endeavoured to take the Earl's Cause out of the House and to proceed against him in the King's-Bench But why must this be at this time of day and while a Parliament was sitting And why was not this done in the King's Father's Life or in this King's Reign And why must two years pass and this way of charging the Earl never thought of which now must be done in all haste But the Lords put a full stop to this and for these Reasons 1. For that in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after Publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have learned Counsel to assist them in their Defence And their Lordships declared they would give their Assents thereto because in all Causes as well Civil as Criminal and Capital they hold that all lawful Help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned 2. The Earl of Bristol by his Petition to the House complained of his Restraint desiring to be heard here as well in point of his Wrongs as in his Accusations against the Duke whereof his Majesty taking Consideration signified his Pleasure by the Lord Keeper April 20 That his Majesty was resolved to put his Cause upon the Honour and Justice of this House and that the Earl should be sent for as a Delinquent to answer the Offences he committed in his Negotiations before his Majesty's going into Spain whilst his Majesty was there and since his Return and that his Majesty would cause these things to be charged upon him in this House so as the House is fully possessed of the Cause as well by the Earl's Petition as the King's Consent and the Earl brought up to the House as a Delinquent to answer his Offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if the Earl be proceeded withal by way of the Kings-Bench these dangerous Inconveniencies will follow 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberty of the House will be thereby infringed the Honour and Justice of it declined contrary to the King's Pleasure expresly signified by my Lord Keeper all which are expresly against the Order 5. The Earl being indicted it will not be in the Power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true Meaning of the Order and the King's Pleasure signified and preserve the Liberties of the House and protect one from Injury will be To have the Charge delivered into the House in Writing and the Earl to set down his
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
thereunto that altho he granted Commissions for collecting certain Duties and Customs due by Law yet made none for receiving the Subsidies of Tunnage and Poundage till it was granted in Parliament Since his time all Kings and Queens have had such Grants for Life by the free Love and Good-will of the Subjects but whensoever the People have been grieved by laying on any other Imposition or Charges upon their Goods and Merchandise without Authority of Law which has been very seldom yet upon Complaint in Parliament they have been relieved saving in the time of your Royal Father who having through ill Counsel raised the Rates and Charges upon Merchandise to that height at which they now are yet he was pleased so far to yield to the Complaint of his People as to offer That if the Value of such Impositions as he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any more which Offer the Commons did not yield to Nevertheless your Loyal Commons in this Parliament out of special Zeal to your Majesty's Service and especial Regard of your pressing Occasions have taken into their Consideration so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the Defence of your Realm and your Subjects by being more secure from all undue Charges be more encouraged chearfully to proceed in Trade by Encrease whereof your Majesty's Profit and likewise the Strength of the Kingdom would be much augmented But being now not able to accomplish this their Desire there is no Course left to them without manifest Breach of their Duty to his Majesty and Country save only to make this Declaration That the receiving Tunnage and Poundage and other Impositions not granted by Parliament is a Breach of the Fundamental Liberties of this Kingdom and contrary to your Majesty's Royal Answer to the Petition of Right The King who had so unwillingly heard the Commons Remonstrance against the Duke before the Bill of Subsidies was passed both Houses now it was past both Houses was resolved to hear no more of this and therefore when this Remonstrance concerning the Tunnage and Poundage was engrossed and reading in the House the King sent for the Speaker and the House to the House of Lords where the King came so unexpectedly that the Lords had not put on their Robes nor had the Commons given the Speaker any Order or Direction to deliver the Bill of Subsidies neither was it brought down to the Commons again as is usual When the Commons came to the Lords House the King said It may seem strange that I come so suddenly to end this Session before I give my Assent to the Bills I will tell you the Cause tho I must avow that I owe the Account of my Actions to God alone It is known to every one of you that a while ago the House of Commons gave me a Remonstrance how acceptable every Man may judg and for the Merit of it I will not call that in question for I am sure no wise Man can justify it Did ever any King of England but this King's Father and himself treat a Parliament or either House at this rate before At the opening of the Parliament he calls them Fools if they would not do as he would have them and now he tells the Commons No wise Man can justify their Advice to him I 'm sure a wiser Man than this King or his Father says He that wins Souls is wise and if you convert the Proposition He that provokes them is otherwise Heretofore the Kings of England and I believe all prudent and civiliz'd Princes ever forbore to give any Petitioners harsh Language if their Petitions did not please their usual Answer was The King will consider or be advised upon them One great End of the Meeting of Parliaments is truly to represent to the King the State of the Kingdom which is rarely done by Flatterers and Favourites whose Interest is contrary to that of the Kingdom and if any thing be done in Prejudice of the King and Kingdom that both may be redressed in Parliament In the Commons Remonstrance to the King they set forth the weak and dangerous State of the Kingdom equally dangerous to the King and Kingdom in six several Particulars Does the King either answer or deny any one of the Particulars otherwise than that he is sure no wise Man can justify their Remonstrance But tells no Reason for this nor from whom he had this Assurance Was ever any King or Man so great as to be above his Interest or less for being well advised in all his Actions Nay ought not not only every King but other Men be so much more careful and advised in all their Actions by how much greater they are The King goes on and says Now since I am truly informed that a second Remonstrance is preparing for me to take away the Profit of Tunnage and Poundage one of the chief Maintenances of my Crown by alledging I have given away my Right thereto by my Answer to your Petition So that here the King hath true Information of that but says not how he was truly informed which was not in being for the Remonstrance was not passed the Commons when the King came into the House of Lords so that it may more probably be the King is not truly informed of this Remonstrance I 'm sure he is misinformed if the Remonstrance as it is printed in Rushworth and Franklin be true that the Commons alledged that the King had given away his Right to the Customs by his Answer to the Petition of Right For the Commons denied there that either he or any of his Predecessors before him which was long before the Petition of Right had any Right to them before they were granted by the free Gift of the Subject Tho the King would take the Customs to which he had no Right yet would he not permit the Commons to sit till they could perfect a Bill to give him Duties upon Tunnage and Poundage without which no King of England before him claimed any other Right But since the King says in his Declaration for the Dissolution of the Parliament that his Predecessors time out of mind have had these Customs but says not who told him so it 's fit to see when and what Customs of Tunnage and Poundage were taken and for what end and how they were taken Sir Edward Coke in his fourth Institute of the High Court of Parliament fol. 32. out of Records makes thirteen Observations upon the Subsidy of Tunnage and Poundage 1. Of Poundage only at 6 s. in the Pound for two Years upon Condition c. And this was 47 Edw. 3. 2. 6 d. for Poundage 2 s. for Tunnage of Wine hac vice This was 6 Ric. 2. 3. 6 d. of every Pound of Merchandise 2 s. of every Tun of Wine upon Condition
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
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
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
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
them tho at this time not only the Roman Emperours but all Kings and those in Authority were Heathen and Idolaters that we may lead a quiet and peaceable Life in all Godliness and Honesty for this is good and acceptable in the Sight of God our Saviour who will have all Men to be saved and come to the Knowledg of the Truth for there is one God and one Mediator between God and Men the Man Christ Jesus If therefore by Divine Precept or Command from God Supplications Prayers Intercessions and Thanksgiving be to be made for Heathen Kings and Magistrates much more are Christians obliged to make all these for Christian Kings and Magistrates All Kingdoms consist in the mutual Office of Commanding and Obeying so that it is as well the Duty of Kings and those who are in Authority to command as it is of the Subjects to obey and no Obedience can be where there is no Command to which it is due for where there is no Law there is no Transgression or Omission Tho these Offices be distinct in their Relations to the Governors and Governed yet the Rules of these Offices are the same and common to both so as that they ought to be foreknown as well to those in Authority to command as those who are subject to them these Rules are the Laws and Constitutions of every Kingdom and Country which unite them into one Incorporeal or Intelligible Body and under these is Mankind in different Places in divers manners maintained in Society and Concord The Offices of Commanding and Obeying are not only restrained to Moral Speech and Actions but extend to Religious for the Fear of God is the beginning of Wisdom as well in all publick as private Actions So that all Civil Nations to whom God had not revealed himself however they misplaced their Deities in Osyris Isis Jupiter c. worshipped their Gods in publick manner and had those Rites and Ceremonies which were performed by separate Persons ordained thereto As God governs the World and all Creatures in it so does he govern the Kingdoms in the World and has-set fatal Periods to them as well as to the Life of Man and all other Creatures yet as he has not in vain given Laws to Man to govern his Intentions Speech and Actions by and made him to subsist in the Labour of his Body and Cares of his Mind or both so has he not in vain commanded all Kingdoms and Nations to honour and serve him and to live justly and peaceably with one another and under these only can Kingdoms and Nations hope for Peace and God's Blessing upon them So that it is not the extent of the Territories of Kingdoms and Nations which is the Strength of them but the number of People in them nor is it their well-peopling only but their Unity in Religion and Civil Government for by these small Dominions increase upon others which are in Distraction and Dissension and where Kingdoms or Nations become distracted or divided either in Religion or Civil Government they become how great soever they be so much more enfeebled and tending to outward and intestine Dissolution as these shall be more These Discords in Religion and Justice have their Beginnings oft-times from Kings and those in Authority and often from the Subjects It was Solomon's Wives 1 Kings 11. that turn'd away his Heart from the Religion which God commanded which was the Cause ver 11. that God rent his Kingdom of Israel from him and gave it to his Servant Jeroboam and it was Jeroboam's Idolatry which distracted the Israelites into Factions which in time brought the Babylonish Captivity upon them from which they never returned And as Discords in Religion often arise from Kings and those in Authority which enfeeble the Strength of Kingdoms and Nations so does the Oppression and Injustice of Kings and Magistrates when they are not God's Ministers for their Subjects good make Kings Instruments of their vile Ends to the damage of their Subjects Thus Rehoboam to humour his Favourites bred up with him preferred them before his Subjects and threatned to oppress them more than his Father did whereby he lost the Dominion of ten of the twelve Tribes of Israel not only from himself but from his Father's House for ever and became so poor and feeble that the King of Egypt took Jerusalem and made Spoil of all the wonderful Riches which his Father had left him It was Ahab's Covetousness and Injustice in the Murder of Naboth and seizing his Vineyard that God not only disinherited his Posterity but rooted them out from the Face of the Earth 1 Kings 21. 21. And as this Discord in Religion and Justice may begin with the King and those in Authority so it may from those subject to them It was the People contrary to God's immediate Command forsook the Religion and Worship which was commanded them and set up the Molten Calf to be adored and worshipped Exod. 32. and it was the People which twice conspired to depose Moses from ruling over them Numbers 16. which brought so great a Destruction upon them I do not question but it was the intolerable Tyranny and Oppression of Dioclesian Maximinian Maximin and Maxentius as well as their horrible Persecution of the Christians so livelily described by Lactantius which gave so great a Reputation to the Christians and made Constantine's Passage to the Roman Empire more desirable not only by the Christians but even by the Gentiles Nor was the Roman Empire at any time of a greater extent unless under Trajan than when Constantine became sole Emperor Whereas this Roman Empire in the Body of it was never in so distracted and feeble a State for tho Constantine in regard of the Excellency of his natural Disposition was universally acknowledged Emperor yet above all things endeavouring the Propagation of Christian Faith and Religion and by his own Authority without the Concurrence of the Senate he granted an universal Toleration of Religion to all Sects of Christians as well as Jews and Gentiles and not only discharged the Christian Clergy which by the Constitutions of the Empire when they were not otherwise persecuted were subject to give their Attendance upon defraying the Lustral Sacrifices and watch and ward for Security of the Pagan Temples but made the Christians capable of receiving Legacies and of all publick Imployments so as the Christians were not only in an equal but better Estate than the Gentiles and upon all occasions had the Preference of Constantine's Favour But however this displeased the Gentiles it did not content all sorts of Christian Hereticks and Schismaticks who were so obstinate in their Opinions that all the Endeavours Constantine could use would not reconcile them For besides the Nicene Council he called four more viz. at Gaul Ancyra Neo Caesarea and Laodicea But when the Hereticks and Schismaticks would not submit to these Constantine restrained them from the Privileges he before granted them and left them in the same
Contentions not only in civil but religious Affairs Having given an Account of the Reasons of the Ruine of the Roman Western Empire and how like our Case is to that of the Empire in its Declension It 's time to take a view of the State of the Goths and Vandals after they had planted themselves in Spain and herein I observe that though the Romans as well as Grecians esteem all other Nations barbarous but themselves yet the Government of them was equal if not better than either for it was a Regular Monarchy wherein the King did not govern by an absolute despotick Power but by established Laws nor could they make new nor alter the old or raise Money without the Consent of the States of their Kingdoms and this continued for many Hundred Years after how many of the Kingdoms in Spain lost these Privileges is too long to be inserted here yet at this Day the Kingdom of Arragon retains them So that the King of Spain never speaks to them as King of Castile In the Reign of Honorius and Arcadius Ann. 408. about five Years before Gundericus entred Spain Attila King of the Huns over-run the Empire and pierced into Gaul with a huge Army against whom Honorius sent Ecius the greatest General of his time with an Imperial Army which was raised in all parts of the Empire so as Ecius was forced to withdraw the Roman Legions in Britain to oppose Attila nor did they ever return more so that the poor Britains being enured to no warlike Discipline but only to serve their imperious Masters easily became a Prey to the Picts and Scots and so were in a more servile State than when they were under the Romans To redeem themselves from which they called the English Saxons to their Assistance who used them worst of all and expelled the whole Race of them out of that part of Britain now called England But this is observable That as in these Times the rest of the Roman Empire was over-spread with Arianism so was that part of Britain subject to the Roman Empire over-spread with Pelagianism and here observe the Justice of God upon them that these Men who ascribed to themselves a Power of Salvation without God's special Grace and Favour to them should not be able to save themselves from their Enemies but be either slaughtered by them or expelled their Native Country upon the Earth The Saxons which conquered the Britains were Heathen yet was their Government as well as that of the Goths a Regular Monarchy and so continued in all the Dynasties of their Kings and yet is continued notwithstanding the several Attempts of many of the Kings of the Norman and the Scotish Race to the contrary About ten Years after Ecius recalled the Roman Legions out of Britain viz. in 418. Pharamond entred Gaul and conquered some part of it which he called France after the Name of the Franks and Pharamond was Heathen and so was Meroveus his Successor and Childerick his Son and so continued till about the Year 490 when Clovis was converted to Christianity of whom Messeray glories that he was the only King in the World which was not Infidel or Heretick However the Government of the Franks as well as the Goths and Saxons was a Regular Monarchy till the Reign of Charles the 7th about the Year 1430. which was above a thousand Years after the Franks planted themselves in Gaul If we look back into the Reign of Henry the 2d of England we shall find him it may be the greatest of all the Western Kings and Lord if not of the greatest yet best part of France as he was Duke of Normandy and Aquitain in Right of his Wife Eleanor Aquitain having the Ocean on the West and Normandy the British Sea on the North. But this Dominion did not last long for King Henry's Son and John's Son Henry the 3d endeavouring to usurp a more than Legal Authority over their Subjects caused such a Ferment and Discord in the Kingdom and this lasted near 70 Years that the Kings of France in the mean time took all Normandy and the greatest part of Aquitain from the English When King James became King of England Henry the 4th was French King having composed by Force and Clemency the Civil Wars which had raged near 40 Years all over France and in the Year 1597 made Peace with Spain which was about 5 Years before King James became King of England and here let 's take a view of Spain Though Spain were 1 3 greater than France when King James came to the Crown of England yet France was I believe fivefold better peopled and generally a more fruitful Country How this came to pass it's fit to look back upon the Cause of the Sterility of Men in Spain and their abounding in France Ferdinand and Isabella King and Queen of Castile and Arragon about the Year 1490 having conquered the Kingdoms of Granada and Murcia and against their Faith given to the Moors brought in the Inquisition upon them the greatest part of the Moors forsook their Country and thereby left the Kingdoms of Granada and Murcia so much less peopled and Ferdinand and Isabella being addicted to the Roman Religion established manifold Bishopricks and Religious Houses in these Kingdoms of both Sexes and the Pope though he pleases to make Marriage a Sacrament yet forbids it to the Clergy and other of both Sexes who take upon them a Religious Life whereby as the Moors leaving Spain unpeopled it at present so future Generations became so much less replenished by how much more People took upon them a Religious Habit. But this Mischief did not stop here for Philip the 2d great Grand-Son of Ferdinand and Isabella and a most bigotted Prince to the Romish Superstition brought the Inquisition upon the Converted Moors which drove them out of Spain to the farther unpeopling of it and my Lord Bacon says that many of these poor converted Moors became as persecuted in their Exile for their Religion as if they had continued in Spain And this Mischief further followed not only to Spain but to Christendom for the exiled Moors having no other Habitation and Means of Living set up their Trade of Piracy in Algiers Tunis and Tripoli within the Straits and in Sally without whereby they have been a Plague to all other Christians as well as Spaniards who trade into the Straits and Affrick and other Southern Countries ever since About the time that Ferdinand and Isabel conquered Spain Columbus discovered the West-Indies and Hornando Cortez siding with one part of the Indians which were at War against the other and thereby becoming Conqueror of those he fought against he got incredible Wealth with a Discovery of the Rich Mines in Mexico The Blaze of this quickly flew all over Spain so that the Spaniards expected Mountains of Gold in running out of Spain into America and therefore near half Spain ran into America to seek new Adventures there the covetous
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
accordingly The Parliament met on Monday March the 19th and a Debate hapning in the House of Commons about the Return of the Election of Sir Francis Goodwin and Sir John Fortescue for Knight of the Shire for the County of Bucks the Commons Friday the 23d upon a full hearing determined Sir Francis to be lawfully elected and returned An. Reg. 2. An. Dom. 1604. Tuesday March the 26th The Lords by Sir Edward Coke and Dr. Hone sent a Message to the Commons that the former Committees may in a second Conference to be had have Authority to treat touching the Case of Sir Francis Goodwin the Knight of Bucks first of all before any other Matters were proceeded in The Commons returned Answer that they do conceive that it did not stand with the Honour of this House to give an Account of their Proceedings and Doings but if their Lordships have any Purpose to confer for the Reâ—due that then they will be ready at such time and place and such number as their Lordships shall think meet Sir Edward Coke c. delivered from the Lords that their Lordships taking notice in particular of the Return of the Sheriff of Bucks and acquainting his Majesty with it his Highness conceived himself engaged and touched in Honour that there might this be some Conference of it between the two Houses and to that end signified his Pleasure unto them and by them to House The Commons by their Speaker give their Reasons to the King why they cannot confer with the Lords The King in return charges the Commons to admit a Conference with the Judges the Commons give Reason and answer Objections why they cannot confer with the Judges and the 3d of April deliver them at the Council-Chamber by Sir Francis Bacon desiring that their Lordships would be Mediators in behalf of the House for his Majesty's satisfaction the King in return commanded as an Absolute King that there might be a Conference between the House and Judges The House upon return hereof resolved to confer with the King in presence of the King and Council and named a select Committee for the Conference but the Success being doubtful Sir Francis Goodwin fearing this might cause a Rupture between the King and the House and to remove all Impediments to the worthy and weighty Causes which might by this time have been in a good furtherance desired another Writ of Election for a Member in his stead Hereupon and other Accidents succeeding wherein the Commons supposing themselves aggrieved the Commons upon the 16th of June in an humble Apology to his Majesty represent their Privileges and wherein they conceive themselves aggrieved The Stubborness of the Commons for so the King would have it so dissonant from the Flatteries he had constantly sounding in his Ears and of being an Absolute King by Inherent Birth-right put the King so out of Conceit with Parliaments that in all his Life till the last Parliament of his Reign when necessity brought him to it he was never reconciled to them But that we may more clearly see what followed we will look back into the Reign of Queen Elizabeth There were three things which the Queen was impatient of being debated in Parliament the Succession of the Crown after her Death her Marriage and the making any Alterations in the Church as it was established in the first Year of her Reign But the Commons having a fearful Eye of a Relapse into Popery after the Nation had been freed from it and the Queen of Scots being zealously addicted to the Romish Religion and having not only assumed the Arms of England as next Heir to Queen Elizabeth but upon her Return from France into Scotland by many Embassies solicited Queen Elizabeth that she might be declared her Successor in case Queen Elizabeth died without Heirs of her Body To prevent this the Commons in manifold Addresses to the Queen petitioned her to marry and declare her Successor and after the Duke of Norfolk's Conspiracy and the Rebellion in the North under the Earls of Northumberland and Westmoreland wherein it appeared the Queen of Scots was privy and consenting in all the Parliaments I think from the 9th of Elizabeth to the Queen of Scotland's Death the Commons were importunate with the Queen to cut her off which you may read at large in the Journals of the Parliaments of Queen Elizabeth set forth by Sir Simon D' Ewes The Queen fixed in these Resolutions did often forbid the Parliament upon their Allegiance to enter into Debates upon them yet some zealous Members the principal of which was one Mr. Peter Wentworth as well in the case of the Queen of Scots as for some Reformation in the Church did several times endeavour to have them debated upon which the Queen committed them to the Tower tho soon after they were discharged This the Commons in their Apology to the King take notice of and pray that this be no Precedent for the future but that their Debates in Parliament may be free but they shall find that this King 's little Finger and his Son 's after him shall be heavier upon them than Queen Elizabeth's Loins However this Apology of the Commons tended to a Rupture between the King and them within yet the King was resolved to have Peace without the Kingdom how inconsistible soever the Terms were and to that end upon the 18th of August following being the second Year of his Reign he concluded a firm Peace with Philip the 3d of Spain and Albert and Isabel Arch-Dukes of Austria c. and also a Treaty of Commerce which as it was the most beneficial to the English Nation so it was difficult if not impossible to observe the Peace the King as he had managed it made the Treaty of Commerce to be but little beneficial to the Nation For the Year before the King had renewed the Treaty of Alliance which Queen Elizabeth had made with the Dutch States where tho the King was not obliged to maintain such a number of Men for the Dutch Support against the Spaniards to be repaid at the end of the War whereby the Treaty with the Queen Anno 1598. the Dutch were not only to pay but to repay the Queen yearly 100000 l. till a Peace was made with Spain when they were to pay her two Millions of Money with the Interest of 10 per Cent. deducting the 100000 l. per Annum they were to pay yet by the fourth Article of the said Treaty it was agreed That neither the Kings of England nor Spain shall themselves give or shall consent to be given by any of their Vassals Subjects or Inhabitants Aid Favour or Counsel directly or indirectly on Sea Land or fresh Waters nor shall supply or minister or consent to be supplied or ministred by their said Vassals Inhabitants or Subjects unto the Enemies or Rebels of either Part of what Nature or Condition soever they be whether they shall invade the Countries and Dominions of either of them
the Revenues of the Crown and Aids given in Parliament and these being of both Nations Scotch as well as English made them to be the more intolerable All things being at Peace Abroad Publick Affairs were neglected or scarce thought of whilst the Dutch still grew more powerful at Sea and without any Aid from the King were Matches for the King of Spain by Land and Henry the 4th of France was accumulating incredible Treasure at Home and laying the Foundation of vast Designs Abroad whereof the King took no notice his Genius lying another way In these Debates at Home and Lethargy of State of Foreign Affairs the Prerogative-Clergy swelled the High Commission to such an height that it was complained of as a Grievance in Parliament as you may read in Wilson's History of Great Britain â—ol 46. Nay Bancroft this Year notwithstanding the Judges Answer to the Articles exhibited to the King against granting Prohibitions and that the Parliament was still sitting repeated his Exhibitions But however the King inclined to favour Bancroft he had not Courage enough to over-rule the Judges Answer to them it may be for fear the Parliament should interpose or indispose them to grant him more Money whereof already he stood in great need But the Parliament however they gratified the King for their Deliverance from the Popish Conspiracy did not think fit to pour it forth so plentifully now in times of Peace to be profusely thrown upon Favourites and Minions who were no more Friends to them than they to the established Church of England To supply the King's Necessities as he made them one Doctor Cowell no doubt set upon by Bancroft and those called the Church the next Year after published his Interpreter wherein he premises these three Principles First That the King was Solutus a Legibus not bound by his Coronation-Oath Secondly That it was not ex Necessitate that the King should call a Parliament to make Laws but might do it by his Absolute Power Thirdly It was a Favour to admit the Consent of the Subjects in giving Subsidies Cowell's Interpeter approved by the King as the Civil Law was highly extolled by the King See Wilson fol. 46. was not only printed but publickly sold without Impunity and this gave Encouragement to the publishing many others to the same purpose among which one Blackwood published one which concluded that we were all Slaves by reason of the Conquest The Commons tho they took no notice of Bancroft and his Articles against Prohibitions took Fire at these and intended to have proceeded severely against him but the King interposed and promised to call in these Books by Proclamation as he did but they were out and the Proclamation could not call them in but only served to make them more taken notice of But this had not the desired Effect of getting more Money than one Subâ—dy and one Tenth whereupon the King by Proclamation dissolved them the 31st of December 1609 after they had sat near seven Years wherein the King set forth that he had proposed many things far differing and surpassing the Graces and Favours of former times both in Nature and Value 〈◊〉 â—â—pectation of a good Conclusion of some weighty Cause which had been there in Deliberation not only for the Supply of the Necessities of his Majesty's Estate but for the Ease and Freedom of his Subjects but these being the two last Sessions little taken notice of and that the Members by reason of the length of the Parliament were debarred from the Hospitality they kept in the Country and that divers Shires Cities and Boroughs had been burdened with Expence of maintaining their Members for these Reasons he dissolved them so that they should not need to meet at the Day set by their Prorogation CHAP. II. A Continuation of this Reign to the Dissolution of the Second Parliament 1614. BUT how precarious soever the King was to get Money of the Parliament he had not Courage enough to demand the 100000 l. per Annum by the Treaty between Queen Elizabeth and the Dutch States in 1598 whereby Eleven hundred thousand Pounds was due to him much less to demand the principal Debt viz. two Millions and also two Millions and two hundred thousand Pounds due for eleven Years Interest at 10 l. per Cent. Now by the Mediation of several Princes but especially by King James this Year a Truce or Peace for twelve Years was concluded between the King of Spain and the Arch-Dukes Albert and Isabel and the Dutch wherein the Dutch were declared Free States and independent upon the Crown of Spain or Arch-Dukes But tho the King had not Courage enough to demand the Monies due to him from the Dutch by the Treaty with Queen Elizabeth he had so much as to enter into a Treaty with the Dutch for a Tribute to be paid to him for License to fish upon the Coasts of England and Scotland but the Dutch observed this no better than that with the Queen and the King got less by it Long Parliaments beget long Intervals in which Grievances become so multiplied and fixed that they become so much more difficult to be redressed by how much longer the Intervals are And since the King could not get Money of the Parliament and was afraid to demand any of the Dutch let 's see what Courses he took to get Money during the Interval from this Parliament to the meeting of the next which was five Years and how the Case stood with them In the opening of the first Parliament the King tells them that he was so far from encreasing their Burden with Rehoboam as that he had so much as either Time Occasion or Law could permit lightned them and at that time had been careful to revise and consider deeply upon the Laws made against them that some Overture may be proposed in Parliament for clearing those Laws by Reason which is the Soul of the Law in case they have been in times past further or more rigorously executed by Judges than the meaning of the Law was or might tend to the Hurt as well of the innocent as guilty Persons At the Dissolution of the Parliament the King 's principal Favourites were Henry Howard Brother to the Duke of Norfolk whom Queen Elizabeth beheaded tho a Papist yet Lord Privy-Seal Robert Cecil Earl of Salisbury Lord Treasurer Philip Earl of Mountgomery for a certain Reason Thomas Lord Walden Son of the Duke of Norfolk after created Earl of Suffolk and Sir Henry Rich after Earl of Holland English the Earl of Dunbar Sir Alexander Hay and Sir Robert Carr who in a short time shall overtop them all Scotish There was a Story current in those Times which I have heard from some credible Persons which did live in that time That King James having given Sir Robert Carr a Boon of 20000 l. my Lord Treasurer Salisbury that he might make the King sensible of what he had done invited the King to an Entertainment and so
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
in Christendom when he was putting it into an universal War all the Western Princes 〈◊〉 Christendom except King James were engaged in it against the House of Austria but it was so vast as in the Nature of things if Henry had been young as he was in the 57th Year of his Age he could not have lived to have accomplished it at his Death tho he lived but 13 Years after the Treaty of Vervins when he made Peace with Philip the 2d of Spain he had amassed such a Treasure as is incredible if so great an Historian as Messeray did not testify it especially if it be considered that before the Treaty at Vervins France had for forty Years before been imbroiled in a Civil War and with Spain and these Wars being in all the Parts of France France was never before in so poor and feeble a State and Henry himself after the Peace giving himself up to Venery and Gaming above any King of France before him or since Nor can it be imagined from whence such Treasures should arise for there are no Gold nor Silver Mines in France unless it were from the Trades which the English Dutch Dane Swede and Hamburghers drove into France However Henry was addicted to Women and Gaming yet otherwise he excelled all the Kings of the Age not only in Heroick Vertues but in Prudence Constancy and Secrecy in his Designs curious in Enquiry into the Qualities of Men whom he would prefer as Qualities merited and was pleasant and witty in his Conversation and always disposed to take the Impression of good Counsel He left his Son a Prince of weak Constitution both of Body and Mind at ten Years of Age and his Wife an imperious bigotted Italian to the Church of Rome Regent These overthrew all the Methods which Henry had laid for promoting the French Grandure and gave themselves up to be governed by Favourites yet in a different manner from those in England whereby they squandered away all that inestimable Treasure which Henry left in less than half the time Henry had been collecting it and put all France into Tumults and Wars whilst the English patiently submitted to the Exorbitances of King James his Favourites and by Proclamations were forbid to mention them or talk of their Government no not in Parliament And now 't is time to return to England and see what 's doing there If we begin this Year 1612 with January we shall find two Marriages in it to succeed the two Deaths of the two famous Henry's of England and France The first upon the 14th of February being Shrove-Sunday between Frederick Count Palatine of the Rhine commonly called the Palsgrave and the Princess Elizabeth the King 's only Daughter and the Triumphs Pageant◠and other Gaieties upon the Thames in the City and Inns of Court far exceeded any before seen in England which you may read at large in Stow's Chronicle fol. 1004. so as the Tears for the Death of Prince Henry were overflowed by the excess of Joy for this Marriage However Northampton was not pleased with it nor the Emperor or King of Spain and from the same Causes viz. It would so far advance the Protestant Interest in Germany as to make it more formidable to the Popish Religion and 't is certain for I had it from good Authority that Queen Ann was averse to it and to put the Princess out of conceit of it would usually call her Daughter Goodwife Palsgrave to which the Princess would answer she would rather be the Palsgrave ' s Wife than the greatest Papist Queen in Christendom The Reason of the Queen's Aversion to this Marriage is not said but certain it is that these fading Joys for this Marriage were succeeded by fixt and real Calamities which the King took little Care to prevent and shall never live to see nor his Son after him an end of While the Preparations for solemnizing this Marriage were making a different sort was making for another between the Viscount Rochester and the Countess of Essex and to make the Way to it more passable two Rubs were to be removed one to take off Sir Thomas Overbury the other to procure a Divorce not only a Mensa Toro between the Earl and the Countess but a Nullity whereby the Countess should be free to marry as she pleased and she had agreed upon the Person To remove Sir Thomas it was agreed between the Earl of Northampton Rochester and the Countess that Sir Thomas should be sent Ambassador to the Great Duke or Emperor of Russia so that if Sir Thomas did accept of it he should be far enough out of the way to hinder this Design and if he did not to commit him to the Tower where they would do well enough with him The Business of the Embassy was no sooner propounded to the King but assented to by him and Sir Thomas was not unwilling to undertake it How harsh soever Rochester was to Sir Thomas when he disswaded Rochester from marrying the Countess yet now he becomes instant kind to Sir Thomas and tell him how much he relied upon his Integrity and Parts which in his Absence he should not only want but that thereby Sir Thomas would give Occasion to his Enemies which were many and upon Rochester's account to ruine him when as it would not be in Rochester's Power to prevent it but if Sir Thomas would refuse to undertake this Embassy Rochester would in a short time undertake to reconcile him to the King and Sir Thomas would in the mean time be at hand to assist him with his Counsel upon all Occasions This was all deep Dissimulation which Sir Thomas took to be in good earnest and so Sir Thomas excused his going on this Errand and this was what Rochester desired Hereupon Rochester possest the King that Sir Thomas was not only grown insolent and intolerable to him but to the King by contemning him in refusing to go on this Embassage The King becomes incensed hereat and the more as 't was commonly said Sir Thomas had vented some stinging Sarcasms upon the Court which came to the King 's hearing and so ordered him to be committed to the Tower Northampton and Rochester had prepared the Business so that Sir William Wade was removed from being Lieutenant of the Tower and Sir Jervis Elvis a Gentleman wholly depending upon them was made Lieutenant of it Upon Sir Thomas his Commitment Sir Jervis Elvis by Order from Northampton and Rochester confines him close Prisoner so that Sir Thomas his Father was not permitted to visit him nor any of his Servants tho one desired he might be confined with his Master The Countess that she might not be behind-hand with Rochester and Northampton had consulted with Mrs. Turner for a fit Instrument to practise what was designed upon Sir Thomas Mrs. Turner's Husband was an Apothecary and had a Servant named Richard Weston who since her Husband's Death was become very poor this Man was agreed by the
Countess and Mrs. Turner to be Under-keeper to Sir Thomas and had a Promise of 200 l. Reward when Sir Thomas should be dispatched and that he might with more Secrecy work his Design the Lieutenant had Orders from Northampton and Rochester that no Man else should come at Sir Thomas and Turner only to wait upon him at Table and to give Order for his Diet and Drinks Sir Thomas thus mew'd up and excluded from the Sight of his nearest Relations and Servants upon the 9th of May was begun the Practice of poisoning Sir Thomas in his Broth which Weston brought him and this was continued with many Varieties of Poisoning till the 14th of September when by a Glyster for which the Administer had 20 l. Reward he was dispatched but the Malice against Sir Thomas did not end with his Death for the Blanes and Blisters which the Poison had caused upon his Body were interpreted to be the Effects of the French-Pox and his Body was irreverently buried in a Pit digged in a very mean Place Here we may see the unhappy Fate of Princes above other Men who neglecting their Duty give themselves up to be governed by Minions and Favourites for private Men are accountable only for their own Actions whereas Princes are accountable to God and Fame for all the ill Actions of their Ministers and how many ways was the King's Name used and abused in perpetrating this black and horrid Murder First in getting the King to send Sir Thomas on the Embassage to Russia Secondly in committing him to the Tower for refusal Thirdly in keeping him close Prisoner there which was a Practice never known before for a Contempt that any Man should be close confined from all his Relations and Servants and 't was a greater Villany to practise Sir Thomas his Death while he was the King's Prisoner than if he had been at large as being more immediately under the King's Protection These Considerations little affected the Court and Sir Overbury's Destruction went but half way towards the designed Marriage between Rochester and the Countess of Essex but a Commission of Delegates under the Broad Seal is issued out to the Arch-Bishop of Canterbury Dr. Abbot the Bishops of London Winchester Ely Litchfield and Coventry and Rochester Sir Julius Caesar Sir Thomas Parrey Sir Daniel Danne Sir John Bennet Francis James and Thomas Edwards Doctors of the Civil Law at the Suit of the Countess for a Divorce from the Earl of Essex Here you may see the Ascendant Rochester and Northampton had over the King not only in getting this Commission wherein the King's Name and Authority was abused but they procured the King in the hearing of the Countess's Cause to be her Advocate in answering the Objections which the Arch-Bishop made against the Divorce so as this Matter was managed the Bishops of Winchester Dr. Bilson of Ely Dr. Andrews of Litchfield and Coventry and Rochester with Sir Julius Caesar Sir Thomas Parrey and Sir Daniel Dunne were for the Divorce and that the Countess was Virgo non vitiata and that there was Frigidity in the Earl and the Marriage a Nullity and decreed the Earl to repay the Countess her Portion but the ABp the Bp of London and Bennet James and Edwards Doctors of the Civil-Law were against it Thus far was the King's Name and Authority abused in the attaining the Murder of Sir Thomas Overbury and the designed Marriage between Rochester and the Countess of Essex for Overbury being dead and the Divorce obtained the Countess must not lose the Title by this Marriage and thereupon the 4th of November Rochester is created Earl of Somerset All things are now prepared for the hopeful Marriage and that the Solemnity at the ending of it might out-vie that of the Palsgrave and the Lady Elizabeth upon the 6th of December the Earl and Countess were married at White-hall in the Presence of the King and Queen Prince and a great confluence of the Bishopâ— and Temporal Nobility the Bishop of Bath and Wells married them and Dr. Mountaine Dean of Westminster preached the Nuptial Sermon and that Night there was a gallant Masque of Lords but upon the Wednesday following the 29th there was another of the Prince's Gentlemen which quite out-did this and pleased the King so well that he caused it to be acted again on the Monday following being the 3d of January But White-hall was too narrow to contain the Triumphs for this Marriage they must be extended into the City and upon the 4th of January the Bride and Bridegroom accompanied by the Duke of Lenox my Lord Privy Seal Northampton the Lord Chamberlain the Earls of Worcester Pembroke and Montgomery with a numerous Train of Nobility and Gentry were invited to a Treat in the City at Merchant-Taylors Hall where my Lord Mayor and Aldermen entertained them in their Scarlet Gowns At their Entry they were accosted by a gratulatory Speech and Musick the Feast which was most sumptuous served by the choicest Citizens selected out of the 12 Companies in their Gowns and rich Foines After Supper they were entertained with a Wassaile two pleasant Masques a Play and Dancing and after all the Bride and Bridegroom with all this Noble Crew were invited to a Princely Banquet and at three in the Morning the Bride and Bridegroom returned to Whitehall and before this Surfeit of Pleasure and Excess was well digested the Gentlemen of Grays-Inn upon Twelfth-Day invited the Bride and Bridegroom to a Masque Thus these Gaieties though they out-lived the Year yet ended in the Holy-days of Christmas as they began with them being the next Day after Christmas But before the end of this Year these Joys shall turn sharp and sower This Year 1614 as it was the Meridian of the King's Reign in England so was it of his Pleasures the King was excessively addicted to Hunting and Drinking not ordinary French and Spanish Wines but strong Greek Wines and though he would divide his Hunting from drinking these Wines yet he would compound his Hunting with drinking these Wines and to that purpose he was attended with a special Officer who was as much as could be always at hand to fill the King's Cup in his Hunting when he called for it I have heard my Father say that being hunting with the King after the King had drank of the Wine he also drank of it and though he was young and of an healthful Constitution it so disordered his Head that it spoiled his Pleasure and disordered him for three Days after Whether it were drinking these Wines or from some other Cause the King became so lazy and unweildy that he was treist on Horse-back and as he was set so would he ride without otherwise poising himself on his Saddle Nay when his Hat was set on his Head he would not take the pains to alter it but it sate as it was put on And as he thus gave himself up to Pleasure so he did to Favourites and Flatterers and scarce
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
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
more but to tell me who is your Ingineer that struck these Sparks out of the Flint to light the Candle to find the Groat which was lost The Prince stood mute and the Duke vowed he knew not the Author Well said the King I have a good Nostril and will answer mine own Question my Keeper had the main finger in it I dare swear he bolted the Flower and made it up into Past Sir said the Prince I was precluded by my Promise not to reveal him but I never promised to tell a Lie for him your Majesty has hit the Man And God do him good for it says the King I need not tell you both what you owe him for this Service he has done himself this Right with me that I discern his Sufficiency more and more This you may read in the Keeper's Life Part 1. from fol. 195 to fol. 200. and much more of the Bishop but I think but little more of the Keeper And tho the Spanish Ambassador received a sore Rebuke here and was sent back into Spain the Bishop says he received no Frown nor Disfavour there Now let 's see how the Duke requited the Keeper for his Service which was but in May In the beginning of Michaelmas-Term following the Duke perswaded my Lord Chief Justice Hobart to tell the King or give it under his hand that my Lord Keeper was not fit for the Place and he would undertake to cast the Keeper out and put my Lord Hobart into his place but my Lord Hobart said Somewhat might have been said at first but he should do my Lord Keeper great wrong that said so now See fol. 201. However such was the Temper of the Times that both Houses chimed in with the Duke in his Narrative and justified him against the Spanish Ambassador who took great Offence at the Duke's Relation as reflecting upon his Master's Honour and demanded his Head for Satisfaction The King was so pleased with the Parliament's Justification of the Duke as we have shewed before that as he had been his Favourite Somerset's Advocate to plead his Cause against the Opinion of Archbishop Abbot to make the Countess of Essex to be virgo intacta and so a fit Wife for Somerset so now he becomes his Disciple Buckingham's Advocate to make him a Favourite to the Nation and because of the Excellency and veracity of his Speech which should dispose the Nation to it we 'll give it you verbatim as it is to be seen in Rushworth fol. 127. My Lords and Gentlemen I Might have nothing to speak in regard of the Person whereof you spake but in regard of your Motion it were not civil for if I be silent I shall neither wrong my self nor that Noble Man which you now spake of because he is well known to be such an one as stands in no need of a Prolocutor or Fideâ—ussor to undertake for his Fidelity or well carrying of the Business And indeed to send a Man upon so great an Errand whom I was not to trust for the Carriage thereof were a Fault in my Discretion scarce compatible to the Love and Trust I bear him It is an old Saying That he is a happy Man that serves a good Master and it is no less true That he is a happy Master that enjoys a faithful Servant The greatest Fault if it be a Fault or at leastwise the greatest Error I hope he shall ever commit against me was his desiring this Justification from you as if he had need of any Justification from others towards me and that for these Reasons First Because he being my Disciple and Scholar he may be assured he will trust his own Relation Secondly Because he made the same Relation to me which he did afterwards to both Houses so as I was formerly acquainted with the Matter and Manner thereof and if I should not trust him in the Carriage I was altogether unworthy of such a Servant He hath no Interest of his own in the Business He had ill Thoughts at home for his going thither with my Son altho it was my Command as I told you before and now he hath as little Thanks for his Relation on the other part he has the Thanks of the Parliament yet he that serves God and a good Master cannot miscarry for all this I have noted in the Negotiation these three remarkable things Faith Diligence and Discretion whereof my Son has born Record unto me yet I cannot deny That as he thought to do good Service to his Master he has given an ill Example to Ambassadors in time to come because he went this long Journey upon his own Charge This will prove an ill Example if many of my Ambassadors should take it for a Precedent He run his Head into the Yoke with the People here for undertaking the Journey and when he had spent there 40 or 50000 l. where should he have this Money never offered his Account nor made any Demand for the same nor ever will I hope other Ambassadors will do so no more I am a good Master that never doubted him for I know him to be so good a Scholar of mine that I say without Vanity he will not exceed his Master's Dictates and I trust the Report not the worst he made because it is approved by you all and I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I find you have done Did ever any old experienced King as he stiles himself so dote upon a young raw and unexperienced Gentleman bred up in no sort of Learning or Business and scarce before he became a Courtier unless in his Infancy breathed any other than French Air as in the face of the Nation to magnify an invidious Tale told by the Duke to the Offence not only of the Spanish Ambassador conversant in the whole Affair but also without hearing the Earl of Bristol who was the greatest Statesman of England if not in Europe and who had so honourably performed several Embassies to the Honour of the King so far as the thing would bear and so manifoldly owned by the King That this Scholar of the King 's unacquainted with the Treaty should break in upon the Earl and not only unravel all but quarrel with him and in another King's Court with the prime Minister of State by whom he might best have attained his End if he designed any However the Parliament address themselves to the King and represent to him That he cannot in Honour proceed in the Treaty of the Match with Spain nor the Palatinate and the Commons offer the King three Subsidies and three Fifteenths for carrying on the War for the Recovery of the Palatinate in case the King will break off the Treaties which the King accepted protesting to God a Penny of this Money should not be bestowed but upon this Work and by their own Committees and the Commons took him at his Word and appointed
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
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
two Treaties which were for the Spanish Match and Recovery of the Palatinate and that his Father being thereby engaged in a War for the Recovery of the Palatinate they would now assist him in the carrying of it on The Speech you may read in Rushworth fol. 175 176. But Mr. Rushworth is mistaken and I wonder Nalson and Franklin took no notice of it that my Lord Keeper Coventry did second it for it was my Lord Keeper Williams whose quaint and learned Speech you may read in the second Book of the Life of the Keeper by the Bishop of Litchfield fol. 9 10. Nor was Williams displaced till the 23d of October following as you may see fol. 27. The Commons before they enter'd upon Grievances Sir Edward Coke moving it to ingratiate themselves with the King voted him two entire Subsidies and the last Parliament but the Summer before gave his Father three Subsidies and three Fifteens which were more than ever any Parliament granted the King in threefold the time before But that we may better look forward look a little back King James upon the Rreach of the Spanish Match put forth a Proclamation for putting the Laws in Execution against Popish Recusants but upon the first of May King Charles sent this Warrant to my Lord Keeper Williams Charles Rex RIght Reverend and Right Trusty c. Whereas we have been moved in Contemplation of our Marriage with the Lady Mary Sister of Our dear Brother the Most Christian King to grant to Our Subjects Roman Catholicks a Cessation of all and singular Pains and Penalties as well Corporal as Pecuniary whereunto they be subject or any ways may be liable by any Laws Statutes Ordinances or any thing whatsoever or for or by reason of their Recusancy or Religion in every Matter or thing concerning the same Our Will and Pleasure is and we do by these Presents authorize and require you upon the Receipt hereof That immediately you do give Warrants Order and Directions as well unto all our Commissioners Judges and Justices of the Peace as also unto all other our Officers and Ministers as well Spiritualas Temporal respectively to whom it may appertain that they and every of them do forbear all and all manner and cause to be forborn all manner of Proceedings against our said Subjects Rom. Catholicks and every of them as well by Information Presentment Indictment Conviction Process Seizure Distress or Imprisonment or any other Ways and Means whatsoever whereby they may be molested for the Causes aforesaid And further also That for time to come you take notice of and speedily redress all Causes and Complaints for or by reason of any thing done contrary to this our Will and this shall be unto you and to all to whom you shall give such Warrant Order or Direction sufficient Warrant and Discharge in that Behalf And this is so much more remarkable that this Warrant was granted when Buckingham was so busy in setting out the Fleet against the Rochellers Here was a Suspension of the Laws with a Witness by the King 's absolute Will and Pleasure notwithstanding all the Officers by Law were under the Obligations of their Oaths to the contrary and for the first-Fruits of this Warrant the King granted upon the 10th of May a special Pardon to twenty Roman Priests of all Offences committed by them against the Laws Can any Man now believe that the Parliament 18th Jac. should be so jealous that the Spanish Match would be a Door to let in a Toleration of Popery and therefore advised the King to break off the Match with Spain and yet this Parliament should be so purblind as not to see this put in Execution at the Instance of the French in this King's Reign especially whenas the Spaniards unless in the Reign of Queen Elizabeth were the English Friends and Allies and with whom the English had a most beneficial and gainful Trade for 22 Years in King James's Reign whereby they became doubly more enriched than in the 44 Years Reign of Queen Elizabeth whereas the French as they were a Neighbouring Nation were ever faithless and Enemies to the English Nation and with whom it always had a Trade to the English Loss as much to the enriching France as to the impoverishing the English Hereupon the Commons sent Sir Edward Coke with a Message to the Lords to desire their Concurrence in a Petition to the King against Recusants which was agreed to and presented to the King who answered That he was glad the Parliament were so forward for Religion and assured them they should find him as forward that their Petition being long could not be presently answered Nor were the Commons less alarmed at the countenancing the Arminian Sect whose Tenets next to Laud Mr. Richard Mountague propagated and about the latter end of King James his Reign published a Book entituled A new Gag for an old Goose which the Parliament took notice of and referred it to the Archbishop of Canterbury who disallowed it and sought to suppress it and ended in an Admonition given to Mountague but after King James his Death who was an Enemy to these Tenets Mountague then printed it again and dedicated it to King Charles now Buckingham and Laud ruled all Hereupon the Commons brought Mountague to the Bar of their House and appointed a Committee to examine the Errors therein and gave Thanks to the Arch-bishop for the Admonition to Mountague whose Books they voted to be contrary to the Articles established in the Parliament to tend to the King's Dishonour and Disturbance of the Church and State and took Bond of Mountague for his Appearance But the King intimated to the House that the things determined concerning Mountague without his Privity did not please him for he was his Servant and Chaplain in ordinary and that he had taken the Business into his own Hands whereat the Commons seemed much displeased This was the first Breach between the King and Commons and here let 's see what hasty Steps Laud took to fulfil King James his Prophecy of him in making Dissensions and to be a Fire-brand to set the Nation on fire by fomenting and exasperating the Factions in it In this Act of Mountague you may observe a twofold Crime First his Contempt and Disobedience to the Church of England which Laud pretended so much to exalt and to the Parliament that his Book being questioned in Parliament and by the Commons committed to the Arch-bishop who not only disallowed and suppressed it but Mountague being admonished against it he should upon King James his Death presume to reprint it in Defiance to the Metropolitan of England contrary to his Canonical Obedience and to the Commons thereby to make a Dissension between the King and them And secondly his being so audacious as to dedicate it to the King thereby to engage the King in defence of his Arrogance and Disobedience and for a Reward of this special Piece of Service before King James was two
they might But these were no Considerations where Buckingham and Laud govern'd all and those worthy and honourable Statesmen the Archbishop of Canterbury the Keeper Williams and the noble Earl of Bristol were not only discountenanc'd but disgrac'd and not permitted to come into the Council How unsuccessful soever the Expedition was yet another Fate attended that Fleet lent to the French for the Dutch joining a Fleet in conjunction with the French Fleet commanded by the Duke of Momerancy fought the Fleet of the Rochellers and utterly subdued it and then reduced the Isles of Rhee and Oleron to the French Power But tho the miserable Fate of the Reformed began here yet the Dishonour of the English Nation shall soon after follow it so that now Richlieu might write florebunt Lilia Ponto Tho the King dissolved the first Parliament to prevent their impeaching Buckingham yet it was not in Buckingham's Power to supply the King's Necessities but they put him upon the Necessity of calling another And here you may see the little Artifices the King 's grand Ministers of State put him upon for the attaining his Ends and how quite contrary they succeeded There were five Persons whom the Duke took to be his Enemies if they were not so he had given them Cause enough to be so two of them were Peers and three of them Commoners the Peers were the Earl of Bristol and Bishop of Lincoln the Commoners were Sir Edward Coke Sir Robert Phillips a Person whose Memory I revere and should be glad I knew any of his Descendants to whom I could acknowledg it and Sir Thomas Wentworth these Persons the Duke feared would be leading Men in both Houses and was resolved that to his Power he would keep them out He was sure the Earl and the Bishop as Peers of Common Right would have their Writs of Summons and was as sure the other three would be chosen Members of the House of Commons In looking a little back you 'll better see forward You have heard how by the Duke's Power in King James's Reign the Earl of Bristol was first kept back from coming into England and after he was come over was kept under Restraint and denied Admission into the King's Presence lest he should have spoiled the Duke's fine Tale in Parliament concerning the Spanish Match and also after he had answer'd every Particular of it without any Reply and that after King James had promised the Earl should be heard in Parliament against the Duke as well as the Duke had been against the Earl King James fell sick and died thereupon before the Parliament met again After King James's Death the Earl wrote a most humble Letter to King Charles imploring his Favour and desiring the Duke's Mediation which the Duke answered the 7th of May 1625 that the Resolution was to proceed against him without a plain and direct Confession of the Point which he the Duke had formerly required him to acknowledg and in a courtly manner told him That he would advise him to bethink himself in time what would be most for his good In the mean time the Earl received his Writ of Summons to the Parliament whereupon the Earl sent to the Duke that he would do nothing but what was most agreeable to his Majesty's Pleasure which the Duke answered I have acquainted his Majesty with your Requests towards him touching your Summons to the Parliament which he taketh very well and would have you rather make your Excuse for your Absence notwithstanding your Writ than to come your self in Person Hereupon the Earl desired a Letter of Leave under the King's Hand for his Warrant but instead thereof he received from the Lord Conway an absolute Prohibition and even to restrain and confine him as he had been in King James's time tho the Earl was freed from it by King James and in this Restraint the Earl continued three Quarters of a Year during which time he was remov'd from all his Offices and Places he held during that King's Life and tho he had laid out the greatest part of his Estate for their Majesties Service and by their particular Appointment he could never be admitted so much as to clear his Accounts yet hereof the Earl never made the least Complaint Upon the King's Coronation when Princes usually confer Acts of Grace and Favour the Earl addressed himself to the Duke and then became an humble Suitor to the King for his Grace and Favour to which he receiv'd an Answer so different from what the King's Father and the King himself had given him since the Earl's Return into England that the Earl knew not what Construction to make of it After the Writs of Summons for the meeting of this Parliament were out the Earl addressed himself to my Lord Keeper Coventry to be a Suitor to the King in his behalf that the Privilege which of right is due to every Peer might not be denied him which not taking effect the Earl petitioned the House of Peers to mediate to the King for his Writ which was granted but accompanied with a Letter from the Keeper not to take his Place in Parliament As Bristol was the worthiest Statesman in either of these King's Reigns and whose Integrity in all these Varieties of Employments none but Buckingham and Conway presumed at least that I can find or ever heard of so much as to carp at so Lincoln's quaint and excellent not pedantick Learning both in Divinity History the Civil and Canon Law and not a Stranger to our English excelled all others These were adorned with a lively and excellent Elocution and with a wonderful promptness and presence of Mind in giving Judgment in the most nice and subtile dark Points of State and accompanied with an indefatigable Industry in Prosecution of them These Parts were so well observed in him by King James that without any Solicitation of Buckingham or any other but whilst he solicited for another the King conferr'd the Lord Keeper's Place upon him as you may read in his Life fol. 52. tit 62. and after unsought for the King promised him the next Avoidance of the Arch-bishoprick of York or any other Ecclesiastical Preferment and so steddy stood he in King James's Favour that Buckingham's Attacks could no ways shake him in it In Chancery he mitigated the Fees and all Petitions from poor Men were granted gratis and was so far from prolonging Suits that in the first Year he ended more than in seven Years before yet with such Caution that he would have some of the Judges but principally Sir Henry Hubbard to be assisting so that notwithstanding his Celerity in Dispatch in all the five Years of his being Lord Keeper not one of his Orders neither by Parliament nor by the Court of Chancery were ever revers'd Cardinal Richlieu is much celebrated for the Speech he made in the Convention of Notables which you may read at large in Howel's Life of Richlieu f. 162 163 164. to excite
Memory but a more peculiar Charge of their Friends and that it may be admitted that some Saints have a peculiar Patronage Custody Protection and Power as Angels also have over certain Persons and Countries by special Deputation and that it is not Impiety so to believe And whereas in the 17th Article it is resolved That God has certainly decreed by his Counsel secret to us to deliver from Curse and Damnation those whom he hath chosen in Christ out of Mankind to bring them by Christ to everlasting Salvation wherefore they which be endued with so excellent a Benefit of God be called according to God's Purpose working in due season they through Grace obeying the Calling they be justified freely walk religiously in good Works and at length by God's Mercy attain to everlasting Felicity He the said Mountague in his Book called The Appeal does maintain That Men justified may fall away and depart from the State they once had and may again arise and become new Men possibly but not certainly nor necessarily And the better to countenance this Opinion he hath in the same Book wilfully added and falsly charged divers Words in the said 16th Article and in the Book of Common-Prayer and so misrecited and changed the said Places he does alledg in his said Appeal endeavouring thereby to lay a most malicious and wicked Scandal upon the Church of England as if he did herein differ from the Reformed Church of England and from the Reformed Churches beyond the Seas and did consent to those pernicious Errors which are commonly called Arminianism and which the late famous Queen Elizabeth and King James of happy Memory did so piously and diligently labour to suppress That he had contrary to his Duty and Allegiance endeavoured to raise Factions and Divisions in the Commonwealth by casting the odious and scandalous Name of Furitans upon such as conform themselves to the Doctrine and Ceremonies of the Church of England under that Name laying upon them divers false and malicious Imputations so to bring them into Jealousy and Displeasure with the King and Ignominy and Reproach of the People to the great danger of Sedition and disturbance of the State if it be not timely prevented That the Scope and End of his Books is to give Encouragement to Popery and to withdraw the King's Subjects from the true Established Religion to the Roman Superstition and consequently to be reconciled to the Church of Rome whereby God's true Religion has been scandaliz'd those Mischiefs introduced which the Wisdom of many Laws hath endeavoured to prevent the Devices of his Majesty's Enemies furthered and advanced to the great danger of the King and all his loving Subjects That he has inserted in his Book called The Appeal divers Passages dishonourable to the late King full of Bitterness Railing and injurious Speeches to other Persons disgraceful and contemptible to many worthy Divines of this Kingdom and other Reformed Churches beyond the Seas impious and profane in scoffing at Preaching Meditating and Conferring Pulpits Bibles and all shew of Religion all which do aggravate his former Offences having proceeded from malicious and enormous Heat against the Peace of the Church and the Sincerity of the Reformed Religion publickly professed and by Law established in this Kingdom All which Offences being to the Dishonour of God and of most mischievous Effect and Consequence against the Church and Commonwealth of England and other of his Majesty's Realms and Dominions the Commons assembled in Parliament do hereby pray that the said Richard Mountague may be punished according to his Demerits in such exemplary mannner as may deter others from attempting so presumptuously to disturb the Peace of the Church and State and that the Books aforesaid may be suppressed and burnt This was that special Stick of Wood which Laud in the beginning of this young King's Reign put into his Hand to support him in the establish'd Religion of the Church of England and afterwards planted him to be one of the Cedars of our Church by having him made first Bishop of Chichester and after of Norwich However Laud was so nettled with the Votes of the Commons I do not find Buckingham concerned himself in them it may be believing this might divert the Storm from him but it was impossible for the Commons in looking into the Grievances of the Nation but to meet Buckingham in the Front of every one of them And when they began their Debates concerning the Duke they received a Message from the King of the pressing State of Christendom and with what Care and Patience he expected their Resolutions of Supplies and to let them know he look'd for a full and perfect Answer of what they would give for his Supply according to his Expectation and their Promises and that he would not accept of less than was proportionable for the Greatness and Goodness of the Cause and that it was not fit to depend any longer upon Uncertainties whereby the whole Weight of the Affairs of Christendom may break in upon us upon the sudden as well to his Dishonour as the Shame of the Nation and when this is done they may continue longer and apply themselves to the Redress of Grievances so they do it in a dutiful and mannerly Way without throwing an ill Odor upon his present Government or upon the Government of his late blessed Father You will hear further of the Care he took of Buckingham in his Reply to the Commons Address upon this The Commons in answer beseech the King to rest assured that no King was ever dearer to his People than his Majesty no People more zealous to maintain and advance his Honour and Greatness and especially to support that Cause wherein his Majesty and Allies are now engaged and beseech his Majesty to accept the Advice of his Parliament which can have no other end but the Service of his Majesty and the Safety of his Realm in discovering the Causes and proposing the Remedies of those great Evils which have occasioned his Majesty's Wants and his Peoples Griefs And therefore in Assurance of Redress herein they really intend to assist his Majesty in such a way and in so ample a Measure as may make him safe at home and feared abroad and for dispatch whereof they will use such Diligence as his urgent and Pressing Occasions require The King in answer to the Commons tells them he takes the Cause of their presenting Grievances to be a Parenthesis and not a Condition and will be willing to hear their Grievances so as they apply themselves to redress Grievances and not enquire after Grievances That he will not allow any of his Servants to be question'd by them much less such as are of eminent Place about him that the old question was What shall be done to the Man whom the King honours But now it hath been the Labour of some to seek what may be done against him whom the King thinks fit to honour he saw they specially aimed
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
the narrow Passages between the Salt-pits those that escaped were lost in the Salt-Pits and Ditches and the Crowd was so great in passing a Bridg that many were drown'd in the River yet in this Confusion and Adversity the Bravery of the English appear'd for a few having past the Bridg the French following the English rallied and faced about to charge the French who cowardly retreated over the Bridg. Except this little Action yet as great in Fame as any other the English Nation never received like Dishonour as in this loose and unguided Conduct of this lascivious Duke in this Expedition of whom it may be truly said he was Mars ad Opus Veneris Martis ad Arma Venus Home he comes and finds things as much in Disorder here as he had left them in Dishonour abroad the Prisons full of the most eminent Gentry of England by a special Warrant from the King for refusing to lend as they were assess'd by the Commissioners for the Loan and Bail denied them upon return of their Corpus's An Army was kept on foot when this Expedition had consumed all that which should have paid them which had not been done in 80 Years before the People fearing this was more to enslave than defend them In this Confusion Sir Cotton's Advice is called for by the King and Council what 's to be done who in a long and well composed Speech beginning at Charles the 5th sets forth the Design of the House of Austria to attain an universal Monarchy in these Western Parts of Europe How the Design was first check'd by Henry the 8th against Charles but more by Queen Elizabeth against his Son Philip the 2d they following a free Council and thereby winning the Hearts of a loving People ever found Hands and Money for all Occasions That the only way to raise Money speedily and securely was the Via Regia by Parliament other ways were unknown untrodden rough tedious and never succeeded well That Religion lies nearest the Conscience of the Subject and that there was a Jealousy of some Practices against it and that tho the Duke of Bucks had broken the Spanish Match out of a Religious Care that the Articles demanded might endanger the State of the Reformed Religion yet being an Actor in the French Match as hard if not worse passed than those of Spain Sir Robert goes on and enumerates the Miscarriages in these two last Years the Waste of the King's Revenue the Pressures upon the publick Liberty of the Subjects in commanding their Goods without Consent in Parliament imprisoning their Persons without special Cause shewed and this made good against them by the Judges How to obviate these he leaves to the prudent Consideration of the Council but like old Sir Charles Harboard he wishes that the Duke might appear to be the first Adviser for calling a Parliament so that the People may be satisfied this Parliament should be called by the zealous Care and Industry of the Duke Now the Hopes of getting Money by calling the Parliament works more than the Laws of God or sacred Justice could do for upon the 29th of January Writs are issued out for the Assembling of a Parliament to meet the 17th of March following the Prison-Doors are opened for the imprisoned Gentry to go abroad the Arch-bishop the Earl of Bristol and Bishop of Lincoln who tho now in Disgrace was the first Raiser of Laud after Bishop of London and Arch-Bishop of Canterbury have Writs to 〈◊〉 in Parliament But see the Unstability of Resolutions not founded in Truth Justice or Prudence for the next Day after the Writs for summoning the Parliament were agreed the King January the 30th granted a Privy-Seal to Burlemach for 30000 l. to be returned to Sir William Balfour and John Daâ—bier for raising a thousand German Hâ—rse with Arms both for Horse and Foot to be sent into England February the 28th where was an Army already upon free Quarter and after grants a Commission to 23 Lords and others to raise Money upon Impositions or otherwise Thus things stood in the State before the Meeting of the Parliament Now let 's see how they stood in the Church Barnevelt having headed a Faction in Holland which called themselves Arminians and designing by them to have deposed the Prince of Orange lost his Head for it about four Years before now on the contrary the Arminian Faction here which called themselves the Church of England ascribed all Dominion to the absolute Power of the King The Principals of this Faction were Neal Bishop of Wâ—â—chester Laud Bishop of Bath and Welâ—s and Richard Mountague afterwards advanced to the Bishopricks of Chichester and Norwich this Faction was headed by the Duke At this time the Jesuits had taken a House at Clarkenwell designing to make a College of it who in a Letter to the Father Rector of the Jesuits at Brussels boast that they had planted the soveraign Drug Arminianism which they hoped would purge the Protestants from their Heresy and that it flourished and bore Fruit in a due Season and they proceeded by Counsel and Consideration how and when to work upon the Duke's Jealousy and Revenge and in that they gave the Honour to those who merit it which were the Church Catholicks they assured themselves they had made the Duke and the Parliament irreconcilable and that they have those of their Religion who stand continually at the Duke's Chamber to see who comes in and who goes out They glory how admirably in their Speech and Gestures they act the Puritans and the Cambridg Scholars shall find by woful Experience they can act the Puritans better than they have done the Jesuits That their Foundation is Arminianism that the Arminians and Projectors affect Mutation Having thus laid the Foundation for propagating their Religion the Jesuits next Care was for the State and in the first place they consider the King's Honour and Necessities and shew how the King may free himself of his Word as Lewis the 11th did and for greater Splendor and Lustre how he may raise a great Revenue and not be beholden to his Subjects which was by way of Excise which must be by a mercenary Army of Horse and Foot For the Horse they had made sure they should be Foreigners and Germans who would eat up the King's Revenue and spoil the Countries wheresoever they came tho they should be paid What Havock then will they make there when they get no Pay or are not duly paid they will do more Mischief than we hope the Army will do This mercenary Army of 2000 Horse and 20000 Foot was to be taken into pay before the Excise be settled In forming the Excise the Country is most likely to rise if the Mercenary Army subjugate the Country the Soldiers are to be paid out of the Confiscations they hope instantly to dissolve Trade and hinder the Building of Ships by devising probable Designs and putting the State upon Expeditions as that of Cadiz and in taking
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
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
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
King James and all the Houshold and afterward King Charles in 1633 being crowned at Edinburgh where the Form ordained by the King was observed and the King swore to observe the Reformation as it then stood But some Alterations were made by King James in 1610 and by the five Articles of Perth in favour of the Bishops and more conformable to the Church of England King James who loved the Presbyterians in Scotland no better than the Puritans in England Anno 1610 called a General Assembly at Glascow wherein these Conclusions were enacted 1. That the Indictions of General Assemblies belong to the King by the Prerogative of his Crown 2. That Synods be kept twice in the Year to be moderated by the Arch-bishop and Bishop of the Diocess 3. That no Excommunication or Absolution be pronounced without the Knowledg and Approbation of the Bishop of the Diocess 4. That the Presentation of Benefices for the time to come by Death or Lapses be directed to the Arch-bishop or Bishop of the Diocess 5. That in Deposition of the Ministers the Bishop do associate himself with some of the Ministers within the Diocess 6. That every Minister at his Admission do swear Obedience to his Majesty and his Ordinary 7. That the Visitation of the Diocess be made by the Bishop himself but if the Diocess be too great by such a worthy Minister of the Diocess as the Bishop shall appoint 8. That no Convention of Ministers be moderated by the Bishop or a Minister named by him No Minister to speak against any of these Conclusions This Year also King James not well pleased with Presbyterian Ordination caused the Arch-bishop of Glascow the Bishops of Brichen and Galloway to be re-ordained in England by the Bishops of London Ely and Bath and also erected a High Commission in Scotland for ordering Ecclesiastical Affairs which you may read in Spotswood's History of the Church and all these were ratified by the Parliament holden at Edinburgh 1612. But King James did not stay here but propounded to have these five Articles to be passed the General Assembly in Scotland 1. That the Sacrament be received Kneeling 2. That the Sacrament be not denied Dying Persons desiring the same 3. That Baptism be not deferred longer than till next Sunday after Birth unless there be reasonable Cause to the contrary 4. That apposite Sermons be made upon the days of Christ's Birth Passion Resurrection Ascension and sending the Holy Ghost 5. That the Minister in every Parish catechize Children so as to be qualified to be confirmed by the Bishop in his Visitation These five Articles with some Difficulties passed the General Assembly at Perth 1618 which were agreed to by a Parliament convened at Edinburg 1621. Thus the Church stood in Scotland when the Arch-bishop Laud would make it conformable in all Points to that he was now establishing in England The first Step he moved herein was by preferring the Bishops in Scotland in almost all Preferments before the Nobility so that of thirteen nine were Privy-Counsellors and Spotswood Arch-bishop of St. Andrews was Chancellor and others were of the Exchequer and Maxwell Bishop of Ross contended with the Earl of Traquair to be Lord-Treasurer and were Sticklers to have Tithes and Impropriations and the Abbots Lands to be restored to the Church and the Weekly Meetings of the Ministers are termed Conventicles by the Bishops Tho the Doctrine of the Church of Scotland were Calvinism yet all Countenance and Encouragement by the Bishops were given to the Professors of the Arminian Tenets So that the Brawls and Contentions about them were as high in the University of St. Andrews as in Cambridg and Oxford There had not been one General Assembly since that of Perth 1618 when in 1637 the Common-Prayer Canons and High-Commission were imposed by the King 's and Bishop's Authority and besides the High-Commission the Bishops had Warrants from the King to grant Commissions in their several Diocesses to name Assessors Ministers and Gentlemen which might punish Offenders And tho the Common-Prayer mutatis mutandis was the same with the English yet in the Administration of the Sacrament the Form was the same in the Mass without the Exhortations in the English Common-Prayer The first Trial how passable they would be was upon Easter-day the Service was read at Edinburgh when no Tumult followed but when it was next read the 23d of July following all the City was in an Uproar and the next day the Lords of the Council issued out a Proclamation to discharge the Tumults of the People upon pain of Death yet divers Ministers at Edinburgh opposed the reading of the Common-Prayer and petitioned the Council against it Harvest coming on all things seemed quiet but at the end of it Edinburgh swelled with all sorts of People the Council fearing whereto this Concourse would tend by three Proclamations commanded all sorts of People not Inhabitants or not having Business to depart upon Penalty of Horning and Rebellion Instead of Obedience the Women and Children petition the Council against the Common-Prayer-Book and soon after the Noblemen Barons Ministers Burgesses and Commons which were sent to the King who commanded the Privy-Council to signify his Majesty's Aversness to Popery and Superstition In this Confusion the Earl of Traquair Treasurer and Roxborough Privy-Seal go to the King for Instructions how to proceed their Instructions were to remove the Session or Term to Sterling and by Proclamation to forbid all Persons coming to Sterling unless they declare the cause to the Council and procure a Warrant for the same upon Penalty of High-Treason This Proclamation was encountred by a Protestation of Noblemen Barons Ministers and Burgers at Edinburgh against the Roman Idolatry and Superstition the Common-Prayer-Book Canons and High-Commission And they enter into a solemn Covenant to maintain the Confession of Faith subscribed by the King's Father and his Houshold 1580 and after by all Ranks of People 1581 to which they swear a mutual Defence of one another against all Opposers and to this purpose they erected Tables or Persons to take Subscriptions of all sorts of People Traquair could not stem the Tide and so acquainted the King herewith who sends the Marquess Hamilton his Commissioner with Instructions one way or other to compose these Disorders When he came into Scotland he first demanded of the Covenanters what they required of the King for accommodating their Grievances Secondly What might be expected from them for returning to their former Obedience especially renouncing their Covenant But nothing would content them but a General Assembly and free Parliament they forbid him the use of the Common-Prayer in the King's Chappel and admonish him and the Council to subscribe their Covenant These Proceedings running so high the Marquess durst not pursue his Instructions being sure they would be affronted The Marquess gives the King an account of these things and desires further Instructions which were to gain time till the King could get a
told them that the King of his Grace and Favour upon their granting 12 Subsidies to be paid in three Years would forbear levying Ship-Money and abolish it and for their Grievances they should rely upon his Royal Promise and give as much time now as may be and after at Michaelmas next and that the King expected a positive Answer Hereupon the House was turned into a grand Committee and spent the whole Day upon the Message but came to no Resolution and desired Sir Henry Vane to acquaint the King that the House would next day proceed upon the King's Supply But next Morning early Secretary Windebank in actual Correspondence and Conspiracy with Richlieu's Chaplain for subverting our Religion and introducing Popery commanded the Speaker to Whitehall and the same Day the King dissolved the Parliament and the next Day the Lord Brook's Study Cabinet and Pockets were searched for Papers and Mr. Bellasis and Sir John Hotham were convened before the Council to answer concerning Passages in Parliament and giving no satisfactory Answer were committed Prisoners to the Fleet till further Order from the King and Council and Mr. Crew was committed close Prisoner to the Tower till further Order from the Council and no Cause shewed in either of these Warrants The greatest Objection against Hereditary Monarchy is that Princes Ears are always open to Minions Flatterers and Sycophants whereby they rarely understand the state of their own Affairs or of their Subjects To attemper this the Wisdom of our Constitution ordains That Parliaments be frequently held to represent to the King the state of the Nation and so to inform him of Grievances that they may be redressed And so inviolably has this mutual Correspondence between the King and Parliament been observed in all Ages that I do not believe any King or Queen of England and of the English Race since Henry 3. ever dissolved one Parliament in Displeasure before King James whereas of eight Parliaments these two Kings of the Scotish Race dissolved seven in Displeasure Yet never did Parliaments in any Reign demean themselves more chearfully to any King than to these two and I challenge any one to shew that in any one respect they intrenched upon any just Prerogative of either of these Kings or did any Act not warranted by former Precedents It 's true Queen Elizabeth would not endure to have the Parliament to meddle with the state of the Church as 't was established nor hear of declaring a Successor and when either of these were moved contrary to her express Order she would commit the Members but easily dismiss them otherwise I believe in no Age any Member of Parliament was ever committed or censured by any King of England before King James for debating or reasoning of the state of the Nation or Church In the 20th of Edward 3. John of Gaunt the King's Son the Lords Latimer and Nevil were accused in Parliament for misadvising the King and were sent to the Tower for it and Henry 4. Rot. Parl. 5. upon the Complaint of the Commons against four of his Servants and Counsellors that they might be removed declared openly That tho he knew nothing against them in particular yet he was assured that what the Lords and Commons required of him was for the Good of himself and Kingdom and therefore he banish'd them and at the same time declared he would do so by any other who should be near his Royal Person if they were so unhappy as to fall under the Hatred of his People Whereas this King tho the Duke of Buckingham were accused of more Crimes in Parliament than is recorded of Pierce Gaveston and the Spencers in 2d's time and of the Duke of Ireland Tresilian and Belknap in 2d's time and of the Death of this King's Father to boot yet rather than the Duke shall be brought to Trial the King dissolves the second Parliament of his Reign And in his Declaration for dissolving the three Parliaments calls the questioning his Ministers an Invasion upon his Prerogative and that through them they endeavoured to wound their Soveraign's Honour and Government Since the Statute De Tallagio non Concedendo in the Reign of Edward the I I think no mention has been made that ever any King of England taxed the Subject before this King and his Father except Edward the IV by Benevolence for which his Memory is bitterly stained in the Parliament-Roll of the second Chapter of Richard the III tho it be not in the printed Statutes and by a Loan demanded in the Reign of Henry the VIII by Cardinal Wolsey the raising of which had near raised a Rebellion which when it came to the King's Ear he laid the Blame upon the Cardinal and said he would not rend his Subjects from the Law and forbid further proceeding in it Arch-bishop Abbot excepts against his Licensing Sybthorp's Sermons for that the King 's taxing Loans by his own Authority was neither by the Laws nor Customs of England the King in his Answer says He did not stand upon the Laws and Customs of England for he had a Precedent for it and would insist upon it The Arch-bishop replied He thought it was a Mistake and feared there was no such Precedent and that Henry the VIII desired but the sixth part of Mens Estates but the King required the full six Parts so much as the Men are set at in the Subsidy-Book And when the Commons in the third Year of his Reign made a Remonstrance against the King's taking Tunnage and Poundage not granted by Parliament the King calls this a detracting from their Soveraign and commands all who have or shall have any Copies of it to burn them upon Pain of his Indignation and high Displeasure The King for Causes of dissolving this Parliament the last he shall ever dissolve begins with the usual Stile That he well knows that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to his Imperial Crown of which he is not bound to give any Account but to God alone no more than of his other Regal Actions But quid gloriaris Did ever any King of England say this before his Father and himself Or in what common-Law or Acts of Parliament is this to be found Or if he had such Power Why does the King so often boast of it Sure it had been better done by another than himself Is this a time of day when this Prince had lost all his Honour abroad to magnify himself that he has Power to dissolve Parliaments at home and thereby obstruct those Ways by which he might unite himself to his Subjects and then glory that he is only accountable to God for all his Actions Nebuchadnezzar's Boast Is not this the Babel which I have built was but a Bauble to this He said this but once and God sent him seven Years among Wild Beasts and he saw his Pride and he repented This King upon all Occasions makes his Boasts but I do not
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
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
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
What Thanks now had Sir Philip Stapleton Sir William Waller and Major General Massey for all their valiant Services to the Parliament whilst Oliver was whistling to his Cambridg Teem of Committee-Men a new Tune of the way of Ordinances Dispensations Righteousness and Providence and whereto can they go to find Relief Glyn had so little Wit as to believe the Law would be his Protection and so did abide a Trial but he was mistaken in his Measures for tho he defended himself with much Prudence yet he was discharged from being a Member of the House and committed to the Tower during their Pleasure But the House proceeded higher against Sir John Maynard and order'd an Impeachment of High Treason to be drawn up against him and ordered Nichols to be taken into Custody but he escaped from the Messenger The English Covenanters could not be so purblind as not to see whereto this tended and were madded that they which had begun the War and by the Aid of their Brethren of Scotland were in a fair Possibility of bringing it to their Desires against the King should not only be outed of their conceived Glory and Reward by these Upstarts of the Army but also the principal of them to be persecuted and destroyed for continuing firm to their gude-Gude-Cause The Militia of London was setled upon the 4th of May in the Management of the Presbyterians who were very industrious in compleating their Companies both of the Trained-Bands and Militia but this was counter to the Design of the Army and judged to be a Conspiracy against it whereupon Fairfax who bore the Name tho Cromwel rul'd all upon the 10th of June sent a Letter to the Parliament That the Militia of the City of London might be put into the Hands of Persons that were better affected to the Army Which the Commons tamely submitted to and upon the 23d of July repealed the Ordinance of the 4th of May. Hereupon the City met in Common-Council and resolved to petition the Commons against it which they did and upon the 26th by the Sheriffs and some of the Common-Council delivered their Petition to the Commons And about an Hour after about 1000 Apprentices delivered another Petition complaining That to order the City's Militia was the City's Birth-right belonging to them by Charters confirmed in Parliament for Defence whereof they had adventured their Lives as far as the Army And desired that the Militia might be put again into the same Hands in which it was put with the Parliament's and City's Consent by the Ordinance of the 4th of May. Upon the reading of this Petition the Lords revoked the Ordinance of the 23d of July and renewed that of the 4th of May and sent it down to the Commons for their Consent and kept back some of the Commons till the Members within agreed with the Lords and then they returned And after some time they or some others upon the rising of the House took the Speaker and thrust him back into the Chair and there kept him and the Members till they enforced them to pass a Vote That the King should come to London And then both Houses adjourned for four Days In this Interval the Members which favoured the Army and the Speakers of both Houses went to the Army and there complained of the Violences upon the Parliament tho none were done to the Lords And after the four Days Adjournment the Houses met and the Lords chose my Lord Hunsdon their Speaker and the Commons Mr. Henry Pelham and passed these Votes 1. That the King should come to London 2. That the Militia of London should be authorized to raise Forces for the Defence of the City 3. That Power be given to the same Militia to choose a General And 4. That the 11 Members impeached by the Army should take their Seats in Parliament This was upon the 30th of July The Citizens armed with these Powers proceed to raise Forces under the Command of Sir William Waller Major-General Massey and Colonel Pointz but these tho numerous being suddenly raised so as the Soldiers not being well listed 't was like no great Opposition could be made against an old experienc'd and victorious Army Besides the Borough of Southwark were generally for the Army and a Party of the Army seized upon the Block-house at Gravesend and block'd up the City by Water towards the East and the Army towards the West The Aldermen and Common-Council of the City now desert their three Generals Waller Massey and Pointz and sent to Fairfax for a Pacification which he granted them upon these Terms 1. That they should desert the Parliament then sitting and the 11 Members 2. That they should recal their Declaration lately divulged 3. That they should relinquish their present Militia 4. That they should deliver up to the General all their Forts and the Tower of London 5. That they should disband all the Forces they had lately â—aised and do all things else which were necessary for the Publick Tranquillity All which the City submitted to So the Speakers and Members which had run to the Army returned again and annulled all the Acts and Orders which had passed since the 26th of July last Here observe That the Members which did not run to the Army but met in Time and Place according to that Adjournment were as much a Parliament as those which continued at Westminster after the King left them and the Members which met at Oxford were as much a Parliament as those which met after they were restored by the Army When the Members were returned the Commons voted an Impeachment of High Treason against the Earls of Suffolk Lincoln and Middlesex and the Lords Berkley Hunsdon Willoughby of Parham and Maynard such a Stalking-Horse was Treason now made and the Crime no more than what themselves had done after the King left them And Sir John Gage the Lord-Mayor Alderman Bunce Langham Cullam and Adams were committed to the Tower for High-Treason for Forcing the Parliament But if this were Treason in them before the next Year goes round you 'll see Cromwel out-treason this a Bar and half And as Sir Phil. Gurney Sir Henry Garoway and Sir George Whitmore were committed to the Tower for adhering to the King against the Parliament so now the Mayor and Aldermen were committed to the Tower for adhering to the Parliament against the Army During these Discords and Confusions the Scots were in great Grumble that the Work of Reformation which united both Kingdoms in Adherence to their Solemn League and Covenant was in danger to be overthrown by the over-spreading of Heresy and Schism which was so much more lamented by how much after their Bargain and Sale of the King both Houses voted That if the King refused to pass Propositions for Peace they will do nothing which may break the Vnion and Affection of both Kingdoms but to preserve the same This was the 28th of December 1646. Now both Factions Parliament and Army
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
was sitting might be dangerous since the Parliament had so lately recognized him and so many thousands of the People had congratulated his Assumption into the Protectorate And to begin at the Parliament might be as dangerous for this they thought would disgust the Nation in general neither did they know whether the Parliament would be disbanded by them they therefore resolve they 'll make Richard dissolve them and take the Odium upon himself and when that 's done they 'll do well enough with Richard To this end the Officers urge Richard to make good their Proposals but the Protectorian Officers advised him to seize the Heads of the Republican which tho Richard durst not come to yet he spake high and threatned the Officers to cashier them This had a double Effect for the Protectorian Officers the Lord Falconbridg Captain Philip Howard Colonel Ingoldsby Whaley Goff and others seeing the meanness of Richard's Spirit in neglecting their Advice leave him and the Republicans were not to be quelled with Words but exasperated by them so that upon the 22d of April they beset White-hall and sent Desborough and Fleetwood to beseech him to dissolve the Parliament and if 't were not speedily done they would set fire to the House and kill all who should resist which so frightned Richard that he forthwith signs a Proclamation for dissolving the Parliament The Parliament thus dissolved Richard's Turn was next to be deposed not one of the manifold thousands of the ninety Congratulatory Addresses who promised to stand by Richard with their Lives and Fortunes speaking one word in his behalf and so shall such another Turn about thirty Years after be served on King James the Second Tho Richard and his Parliament were out yet something else must be in yet before they would put in any thing else the Republican Officers send Ingoldsby Goff Whaley my Lord Falconbridg and Howard after Earl of Carlisle after Richard and his Parliament and take in Lambert Harrison Rich Parker Okey and others whom Cromwel turn'd out But before they would set up any thing instead of Protector they make Fleetwood General by Sea and Land and Lambert Lieut. General To prepare the way for what was to be set up the Officers prepare a Remonstrance inveighing bitterly against the Malignants for so they call'â— the Royalists that they had printed Lists and marked for Destruction the Godly especially the King's Judges and therefore they would revive the Good Old Cause and restore the Rump Parliament but William Pryn according to his rude way of writing answered them That their Cause was neither Good nor Old and bitterly charges them with Treachery and Ingratitude But all to no purpose for since no better was to be had these Officers awake the Rump out of their Lethargy wherein they had been above five Years asleep and now were become so miserably lean that none but the Officers could abide the sight of them they could get but forty two together and these looked so wretchedly that they had much ado to get Lenthal to be Head again to it But how nasty soever the Rump was the first secluded Members would have sat with them but the Rump would none of that but set Guards at the Door of the House to keep them out Thus got together they again depose Richard and send Ludlow to do the same by Henry in Ireland and thus you see what Security can be had by relying upon a Mercenary Army one part of it exalted the Father and another part of the same Army deposed both the Sons But in Scotland they let Monk alone who promised to be true to them Yet these were not the Halâ—yon Days the Republican Officers expected by restoring the Rump for the Rump tho it had been long asleep yet remembred they were before tuned out by the Officers of the Army and that they shall do so no more they make Lenthal General of all the Forces in England Scotland and Ireland by Sea and Land The Rump being contemptible to all the Nation and the Officers of the Army being thus divided and subdued and like Virginal-Jacks when one was up the other was down raised the Expectation of the Royalists That a sudden Change would be which could end in nothing but restoring the King And the Presbyterians exasperated by the Rump's Repulse again resolve not to sit quiet under it and therefore a Correspondence is held between them and the Royalists to depose the Rump whatever came of it To this end Sir George Booth rises in Cheshire with whom Sir Thomas Middleton joined but was ill seconded by the Royalists This alarm'd the Rump for they expected no better from the Presbyterians than the Royalists And now the Rump not well knowing the Man had so little Wit as to send Lambert against Sir George and you 'll soon see Lambert shall do that by the Rump which the Presbyterians and Royalists both together could not do For Lambert having overthrown Booth and taken him Prisoner tho the Rump were mightily joy'd at it and voted Lambert a Gratuity of a Thousand Pounds yet this no ways alter'd the Designs of Lambert which ever since the Death of Cromwel he had been hatching For Lambert after the Defeat of the Cheshire-men in his return for London at Derby the 16th of September procured a Petition from the Officers to the Rump that Fleetwood might be General of the Army and himself Lieutenant-General He was content to give Fleetwood the first Place as Cromwel had given Fairfax for he knew himself to be too hard for Fleetwood and a much better Souldier and so would do what he list And the greater part of the Officers in London join with Lambert in his Petition The Rump was more alarm'd at this Petition than at Sir Booth's Insurrection so as all Prosecution against him and the Cheshire-Men was at a stand nor were the Rump of one piece among themselves for Sir Arthur Haslerig a hot-headed Man was violently against the Army and said they made the Parliament a precarious thing and that Lambert trod Cromwel's Steps and his seeming Modesty in preferring Fleetwood was but a Decoy But young Sir Henry now become old Sir Henry Vane with much more cunning endeavour'd to carry on the Designs of Lambert and his Faction However the Majority of the Members rather than be deposed depose Lambert Desborough Berry Kelsey Ashfield Cobbet Creed Parker and Barrow and make a Council of War without naming a General of Fleetwood Monk Haslerig Ludlow Morley and Overton And to starve Lambert and his Officers the Rump vote That no Money shall be raised without Consent in Parliament and he that shall do it shall be guilty of High-Treason against the Commonwealth And the Nation to whom the Rump and Army were alike hateful took this for a very good Law However before this Infant Council of War should be warm in their Seats Lambert resolves to beat up their Quarters and marches directly to London but the
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
and Supernatural revealed in the sacred Scriptures Natural which are presumed to be alike engraven on the Mind of Man Supernatural are those which Man obeys by God's special Favour and Grace Natural Laws are Affirmative and Negative Affirmative That Man honour God above all Creatures and that he converse truly and uprightly with Man Negative That he do not blaspheme or dishonour God nor wrong or deal falsly or deceitfully with another neither in his Intentions Speech nor Actions so that Civil Laws do not forbid Blasphemy or Immoral Speech and Actions but indifferently in divers Countries and Places punish them I say the Law of Nature is alike inplanted in all Intelligible Creatures for where there is no Law there is no Transgression nor Omission And therefore if all Men did not understand that Blasphemy and Immoral Speech and Actions were wicked it would be Tyranny to punish them So as Humane Judgment and Justice are necessary for Preservation of Humane Society and the End of Humane Judgment and Justice is as well to restore them to Right who suffer Wrongfully as to punish Wrong-doers It 's fit here to distinguish between Knowledg and Belief Knowledg is immediate of those things and Actions which fall under the Sense of Man and therefore not learned or taught but alike understood by all Men And Verity and true Speech is what a Man knows whereas Belief is a Reliance upon what another says to be true In all Legal Judgment upon which Justice is executed Judges in Civil Affairs assume two Premises which are to be without Question or Dispute viz. some foreknown Law and some Speech or Act done so that if the Law and Fact be but probable or uncertain the Judgment will be less probable and more uncertain But in giving Judgment Judges do not swear to their Opinions but make some Laws to be their Reasons of them A Promise is twofold Affirmative and Negative and is of time to come and is a Respecter of Persons An Affirmative Promise is a Speech or Writing wherein one or more assure another or more upon their Truth or Faith to do such an Act in his or their Power in some certain Time and Place or to be serviceable to another or more for some time or during Life as they shall be able a Negative Promise is when one or more upon their Truth or Faith assure another not to do such an Act and if the Parties mutually promise this is a Contract A Promissory Oath is when one or more affix God's Name which implies an Imprecation of God's Judgment upon them that they will do or not do what they promise But sure Men who give Promissory Oaths ought to be well assured they can do what they promise and ought considering the Frailty of Humane Nature and the infinite intervening Accidents which they annot foresee or if they could could not prevent to implore God's Assistance to enable them to perform their Promise And I do say and verily believe that of all Men those who soonest make Promissory Oaths do most break them and that Men who are so forward to make these Promissory Oaths by them cover their Designs of deceiving the other more than of performing their Promise An Oath is so sacred that as God will not have Divine Adoration or Worship to be given to any other but himself so neither will he have an Oath to be taken by any other Name not by the Sun Moon Earth or all the Host of Heaven And if he will not hold him Guiltless who takes his Name in vain how will he hold him Guiltless who swears in vain Thereby not only lessening the Veneration due to his Name but designing by it to deceive another In all my Observations I never knew any Man who made no Conscience of Swearing or taking God's Name in vain but made less in taking care to perform his Promises And when I hear a Man begin with Swearing not duly called unto it I suspect he has either some Design in it or that thereby he would create a Belief to that which is not true But how Legally or Illegally soever these Promissory Oaths are imposed I never heard of any who was prosecuted for Perjury upon them except Mr. Long Sheriff of Wilts prosecuted in the Star-Chamber for that he had sworn as all Sheriffs do not to go out of the County without leave from the King yet being chosen a Parliament-Man 3 Car. 1. came to serve in Parliament for which he pleaded the King's Writ which was Leave from the King and the Earl of Argyle about the Interpretation of the unintelligible Scotish Test And I dare say That if the Oath of Allegiance to the King were but once taken it would be held in greater Veneration than by often taking it upon these Premises Let 's see whether the Corporation-Oath be an Assertory or Promissory Oath or neither And in regard it is in two Parts consider both The first is I A. B. do declare and believe That it is not lawful upon any Pretence whatsoever to take up Arms against the King This Part of the Oath is not Promissory and so an Assertory Negative Oath Here I will not dispute whether there can be a Negative Assertory Oath yet I do say such an Oath can never extend farther than to him who swears he does not know what he is required to swear But he can never swear that another does not know it So tho a Man may believe it 's not Lawful for a Man to take Arms against the King upon any Pretence whatsoever yet he can never extend it further than himself But I say this sort of Swearing destroys the Religion and End of an Assertory Oath which is only to what a Man knows certainly to be true but no Man certainly knows that an Opinion or Belief is certainly true But tho by some apparent Reason or the Authority of another I may be of an Opinion or Belief yet upon clearer Reason and better Authority I may alter my Opinion and Belief which a previous Assertory Oath can never oblige me to In Justice therefore an Assertory Oath That I Believe or am of Opinion is not admitted unless he that testifies swears the Ground or Cause of his Belief or Opinion to be certain and true of his own Knowledg I desire to know what were the Grounds or Reasons of this Corporation-Oath which every one ought to swear to be true of his own certain Knowledg before he believe it not to be lawful upon any Pretence whatsoever to take up Arms against the King Or admit there might be Reason for this Belief yet if the Causes of this Belief were not before known to the Taker of this Oath so as the Taker knows them to be true of his certain Knowledg this Oath if any is Perjury The other Part of this Oath is And I do abhor that Traiterous Position of taking Arms by his the King's Authority against his Person or against those who
of State of Scotland and as Runnagadoes from Christianity become the greatest Persecutors of Christians so was Lauderdale of the Kirk and Presbyterian Government However Lauderdale seemed zealous for calling a Parliament in Scotland and demolishing the Forts thaâ— bridled the Scots which Monk opposed and hereby Lauderdale became popular in Scotland so that all Applications to the King from thence was by Lauderdale In this state it was not easily determined who should be Commissioner in Scotland in case a Parliament should be called for Affairs were not yet ripe enough to make a Popish one nor would the Court trust a Presbyterian one and Lauderdale would not forsake his Post at Court where he govern'd all but continue it that all the Motions in Parliament might receive their Life from him At last it was agreed That Middleton who first served the Kirk against King Charles I. and after changing Sides made some Bustle in Scotland after the King left it should be created an Earl and made Commissioner and a Parliament should be called in Scotland The Nobility and Gentry of Scotland clearly saw there was no other way to redeem Scotland from being a conquered Nation and a Province to England but by an entire Submission to the King Lauderdale knew this as well as they and therefore resolved to make them pay dear for their Deliverance and now you shall see the Nobility and Gentry which with the Kirk united against King Charles I. divide under his Son and sacrifice the Kirk and all their Discipline to make an Atonement for themselves The first Act which was shewed herein was upon this Occasion The firy Zeal of the Kirk-men burnt up all Rules of Prudence or the Consideration of the present State of Scotland so that even in this state Crowns and Scepters must submit to the Kirk And that the King might know his Duty a Company of them met together and drew up a Supplication as they said but in nature of a Remonstrance to the King setting forth the Calamities they groaned under in the Time of the Usurpers by their impious Incroachments upon the Kingdom of Jesus Christ and the Liberties thereof which of themselves they were not able to suppress and overcome and the Danger of the Popish and Prelatical Party now beginning again to lift up their Head they press him to mind his â—aths and Covenant with God c. The Committee of Estates well knowing how ungrateful this would be to the King upon the 23d of August 1660. sent a Party and apprehended these Men whereof one Mr. James Guthry was the chief of whom you 'll hear more hereafter and committed them Prisoners to Edinburgh-Castle and from thence Guthry was sent Prisoner to Dundee for treasonable and seditious reflecting on his Majesty and on the Government of England and the Constitution of the Committee of State and tending to raise new Tumults and kindling a new Civil War among his Majesty's good Subjects This was the first Spark which soon burnt into such a Flame as totally consumed the whole Kirk-Party in Scotland and left them in a much worse plight than before when they suffered under the Usurpation as they called it of the English For during the late Usurpations the Kirk enjoyed a Liberty of Conscience but it 's the Nature of some Men that unless they may persecute other Men they 'll exclaim they are persecuted themselves and therefore since they were not able to do it themselves they minded the King of his Covenant with God to extirpate Heresy Schism and Profaneness and to remove the stumbling which the King had given them in admitting Prelacy Ceremonies and Service-Book in the King's Chappel and other Places of his Dominions But these Men were mistaken in their Measures for after the King was expelled from Scotland by Cromwel he little I may say never observed the Directory of Worship Confession of Faith and Catechisms in his Family according to the National and Solemn League and Covenant as he repeated in his Coronation-Oath and less the establishing Presbyterian Government in England and Ireland and least of all in Scotland For one of the first Acts of the first Sessions was an Anniversary Thanksgiving to be observed on every May 29 with this Proem The States of the Parliament of the Kingdom of Scotland taking into their Consideration the sad Condition Slavery and Bondage this antient Kingdom has groaned under these twenty three Years the time when the Troubles arose in K. Charles the First 's Reign in which under very specious Pretences of Reformation a publick Rebellion has been by the Treachery of some and Misperswasion of others violently carried on against sacred Authority to the Ruin and Destruction so far as was possible of Religion this King's Majesty and his Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom so that Religion it self hath been prostituted for the Warrant of all these treasonable Invasions made upon the Royal Authority and disloyal Limitations upon the Allegiance of the Subjects Therefore upon the 29th of May be set apart for an Holy Day c. Yet soon after the King's Restoration he wrote to the Presbytery of Edinburgh promising to countenance the Church as by Law established But Lauderdale knew his Mind better Here it 's observable That in 1638 when the Kirk were so zealous with lifted-up Hands in the Presence of the Eternal God to swear to establish their National Covenant there was not one of the Nobility but the Popish except the Marquess of Hamilton and the Earl of Traquair but joined with the Kirk expresly against the King's Command Traquair the Kirk-Party proceeded against as an Incendiary and after Hamilton secretly joined with the Covenanters for which King Charles I. made him Prisoner in Pendennis-Castle from whence he was discharged when Fairfax had it surrender'd And not one of the Nobility except Argile and Cassels but declare this and all the Kirk-Proceedings since Treasonable Rebellion against the Laws Liberties and Property of the People and Prostitution of Religion and this Declaration was celebrated with a double Sacrifice the Marquess of Argile being executed as a Traitor for holding Correspondence with Cromwel and his Head set where Montross's stood on the Monday before and Mr. Guthry on Saturday after for refusing to own the Jurisdiction of the Judges in Ecclesiastical Affairs had his Head set upon one of the Ports of Edinburgh This was a sad Presage to the Kirk of what followed For as they without the King would impose their Solemn League and Covenant upon England now by the King and Parliament an Oath of Allegiance in the very Nature if not the Words of the Oath of Supremacy in England is imposed upon them wherein they are to swear That the King is the supreme Governour over all Persons and in all Causes c. and That they will maintain defend and assist his Majesty's Jurisdiction aforesaid against all
deadly Enemies and shall never decline his Majesty's Power and Jurisdiction as they shall answer it to God And all Persons who refuse to take this Oath to be uncapable of any publick Trust and to be look'd upon as Persons disaffected to his Majesty's Authority and Government And the 11th Act of the first Session says That it is the inherent Privilege of the Crown and undoubted Prerogative of the Kings of Scotland to have the sole Power of chusing Officers of State c. and of holding and dissolving Parliaments c. and That it is High Treason in any of the Subjects to make Leagues with Foreigners or among themselves without his Majesty's Authority first had c. And therefore the League and Covenant and all Treaties thereon are not obligatory and that none presume to require or renew the swearing the said League and Covenant The next Act I cannot say of Parliament for it was purely arbitrary was the total rooting out the Presbyterian Government in Scotland and upon this Occasion Mr. James Sharp Mr. Hamilton Mr. Farwel Mr. Leighton but whether sent for by the King or sent by the Kirk-Party I do not find came in 1661 to London and were ordained Deacons and Presbyters and after consecrated Bishops by the Bishop of Winchester and two other Bishops The Acceptance of which was a Renunciation of their Presbyterian Ordination nay it was a Declaration of the Invalidity of their former Ordination and thereupon the King on the 6th of September 1661 issued out a Proclamation declaring his Royal Pleasure to be for the restoring the Government of the Church of Scotland to be by Arch-bishops and Bishops as it was exercised in the Year 1637 and that he had nominated and presented Arch-bishops and Bishops to their several Bishopricks and to have the same Authority they had in the Reign of his Grand-father Thus you see the Presbyterian Government which was set up by such odd swearing without the King is by his sole Authority utterly subverted In Obedience to this Proclamation the Privy-Council the 9th of January following did discharge all Ecclesiastical Meetings in Synods Presbyteries and Sessions until they be authorized by the Arch-bishops and Bishops upon their Entry into the Government of their respective Sees which was to be done speedily Tho this Proclamation and Intimation of the Privy-Council had prevented the Parliament yet to make sure Work of both the Parliament in their second Sessions Redintegrated the Bishops to the Exercise of their Episcopal Function and to all their Privileges Dignities Jurisdictions and Possessions due and formerly belonging thereunto And another Act did ordain all Ministers to repair unto their Diocesan Assembly and concur in all Acts of Church-Discipline as they should be thereunto required by the Arch-bishops or Bishops of the Diocess under pain of being suspended from their Office and Benefice till the next Diocesan Meeting for their first Fault and if they amended not to be deprived and the Church to be declared vacant In the Year 1649 when there was no King in Israel the Parliament at the Instance of the Kirk by the 39th Act Discharge all Patrons and the King not excepted from Presentations to Church-Benefices for that the Estates of Parliament were sensible of the great Obligations that lie upon them by the National Covenant and the Solemn League and Covenant and by many Deliverances and Mercies from God and by the late solemn Engagement unto Duties to preserve the Doctrine and vindicate the Liberties of the Kirk of Scotland and advance the Work of Reformation therein to the utmost of their Power And considering that Patronage and Presentation of Kirks is an Evil and Bondage under which the Lord's People and Ministers of the Land have long groaned and that it hath no Warrant in God's Word but founded on the Common Law and is a Custom Popish and brought into the Kirk in time of Ignorance and Superstition and that the same is contrary to the 2d Book of Discipline in which upon solid and good Grounds it is reckoned among the Abuses that are to be reformed and unto several Acts of the General Assembly and that it 's prejudicial to the Liberties of the People and planting of Kirks and unto the free calling and entring of Ministers unto their Charge This Act did not hold long for next Year Cromwel enter'd Scotland and overturned all the Tables of Presbytery nor was this much mended after the King's Restoration for in the second Session of the first Parliament 1662 the Parliament did ordain All Ministers who had enter'd to the Cure of any Parish within Burgh or Land in or since the Year of God 1649 to have no Right unto or up-lift the Rents of their respective Benefices modified Stipends Marsh or Glebe for this instant Year 1662 nor for the Year following unless they should obtain a Presentation from the lawful Patron and have Collation from the Bishop of the Diocess where he liveth before the 20th of September next Tho the High Commission which Laud so zealously endeavour'd to erect in Scotland was put down by Act of Parliament 1641. in England yet the King by the inherent Right of his Crown and by the Virtue of his Prerogative Royal and supreme Authority in Causes Ecclesiastical erected one in Scotland The Commissioners were partly Ecclesiasticks and partly Lay-men who or five of them whereof one to be a Bishop had a more arbitrary Power over the Clergy than was practised in England under Laud and more than Laud could have expected for a High Commission for Scotland in the King's Father's Reign Thus you see the Kirk which would be a distinct Table and independent upon the Crown of Scotland are by the Prerogative of it committed to the arbitrary Mercy of the Prelates whom for above 24 Years they had been railing against and by many Oaths sware to extirpate But the Tribulations of the Kirk for the time to come do not end here for the Parliament resolve to stigmatize them for their Actions past and therefore upon the 5th of September 1662 they form a Declaration to be subscribed by all who shall have any publick Charge Office and Trust within the Kingdom in these Words I do sincerely affirm and declare That I judg it unlawful for Subjects upon Pretence of Reformation or any other Pretence whatsoever to enter into Leagues and Covenants or to take up Arms against the King or those Commissionated by him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping Counsel-Tables that were used in the beginning and for carrying on the late Troubles were unlawful and seditious and particularly That those Oaths whereof the one is called the National Covenant as it was sworn and explained in the Year 1638 and thereafter and the other entitled A Solemn League and Covenant were and are in themselves unlawful Oaths and were taken by and imposed upon the Subjects of this Kingdom against the Laws and Liberties of the same
carrying on this War against the Dutch and therefore they gave the King 1256000 l. towards it but the King had other Occasions for the Money and thought he better otherwise could dispose of it upon the Assurance he had from his Mother out of France that the Dutch would not set out another Fleet this Year tho the French King used all means that the Dutch should do it And this Year the Zealanders set out a Squadron of Ships and took Surinam from the English in America Relying upon his Mother's Intelligence the King by the Mediation of the Swedish Ambassador entertains a Treaty of Peace with the Dutch whilst they make all possible Preparations for War which all the World saw but the King who would not see it and so took no Care to set out a Fleet to fight them nor to protect his Fleet in their Ports However the King at this time was not pleased with the Insults of his Brother of France upon the English in their Plantations in the Leeward Islands and therefore sent Sir John Harman with a Squadron of Frigats to repress the French Insolence there Sir John had the Gout so as he could not go but upon the Discovery of the French Fleet got upon his Feet and gave Orders to fight the French which he did and beat them and during the Fight walked and gave Orders as when well But the Fight was no sooner over when Sir John returned to his gouty Lameness again and after reduced Surinam to the English but this was after the Peace of Breda between the English and Dutch The Dutch having compleated their Fleet upon the 9th of June entred the River I was on the 10th in the Morning walking in St. James's Park when a Gentleman whispered to me That the Dutch were enter'd the River Then the King had fed his Ducks and was walking on the West-side of the Park and as we walked Prince Rupert overtook us and met the King at the further End of the Pall-Mall and the King told the Prince how he had shot a Duck and such a Dog fetch'd it and so they walk'd on till the King came to St. James's House and there the King said to the Prince Let 's go see Cambridg and Kendall the Duke's two Sons who then lay a dying but upon his Return to White-hall he found all in an Uproar the Countess of Castlemain as 't was said bewailing above all others that she should be the first torn in pieces Hereupon the Duke of Albemarle was posted down to Chatham where in a Council of War it was resolved to sink all the Ships but as they lay there was not Water enough The Dutch found an easy Passage after they broke the Boom which lay cross the River for no Fort was then finished at Sheerness and that at Vpnor ruin'd for want of Repair however the Duke put some Guns into it which shooting high little damaged the Dutch in the Passage So the Dutch fired the Royal James London and Royal Oak and the Henry being afloat run so violently upon Rochester-bridg the Tide forcing her as endanger'd the breaking of it and the Royal Charles was carried off by the Dutch I was then at London and also in the Plague and Fire Years yet in neither did I observe such Consternation and Confusion in the Looks of all Men as at this time and with great Cause for if the Dutch had then come up to London they had found all open to them not one Gun mounted at Tilbury Fort nor one Frigat ready in the River so as they might have forced all the Ships in the River up to the Bridg and there have burnt them which would certainly have fired the Tower and all the Suburbs West to Black-wall as well as Southwark below Bridg. Nor were the Ships at Portsmouth in more Safety and the Dutch had Ships enow to have made both Attempts at the same time but whilst the Dutch lay loitering below Sheerness the English had time to plant some Guns in Tilbury Fort and sink Ships cross the River at Woolwich And the King sent the Earl of Macclesfield and Captain Elliot to Portsmouth who used such Diligence in fortifying it that when the Dutch came before it they thought not fit to attempt to do what they had done at Chatham However the Dishonour which the Nation sustained by this Action may be forgotten yet the sudden and more dishonourable Peace concluded at Breda the 9th of July following will never be Where the 3d Article is That all Offences Injuries Damages and Losses sustained on either side by the King and States or their Subjects during this War or at any time before upon any Cause or Pretence whatsoever be totally expunged and buried in Oblivion So that by this Article the Business of Amboyna is buried and never to be called in Question which Oliver tho he made Peace with the Dutch would not do but was referred to the Cantons of Switzerland who never did any thing in it By this Article the Dutch had Polloroon out of which they had expelled our East-India Company during this War confirmed to them whereby they became sole Proprietors of the Spice-Trade as well in Europe as other Parts of the Indies Arabia and Persia And by this Article they were to have the Plantation of Surinam restored to them because taken by Sir John Harman after the Treaty The 4th Article is That all Ships Goods and Moveables which at any time had come into the Power of either Party or their Subjects should remain in the present Possessors thereof without any Compensation or Restitution for the same without any Exception of Place Time or Things The 5th Article was That all Actions Ships and Pretensions whatsoever for the same should remain void obliterated disannulled and nothing moved thereupon hereafter The 8th Article is That under the foresaid Renunciation and Stipulation all Letters of Mart Reprisals or Counter-Mart general or particular ought to be comprehended and revoked by virtue of that Article accordingly notwithstanding any Grant to the contrary This was the Success of the King's Speech to the Parliament upon his declaring War against the Dutch that as he enter'd into the War for the Protection Honour and Safety of his Subjects so without these he would not make a Peace and this Benefit Sir Edmund Turner and Mr. Carew had of their Letters of Reprisal wherein the King granted That they should stand good notwithstanding any Peace to be made with the Dutch until they had fully reprized their Debt of 151612 l. and Charges of Reprizal nay their Agents were tried by a Commission out of the Admiralty for Piracy for acting under the said Grant the Silver Oar being carried before Sir Lionel Jenkins who was very zealous to have hanged them but the Common-Law Judges were of another Opinion and so they did not lose their Lives as Sir Edmund and Mr. Carew did their Debts yet the French sped not so well as the
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
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
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
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
presumed to take Cognizance of Cases which were in the Jurisdiction of or depending in Parliament for this was to depose the Parliament and usurp their Jurisdiction nor do we read that ever any other Court assumed this Authority but in the Reigns of Kings affecting Tyranny and Arbitrary Power The first Judges which I think gave their Opinion That the Courts in Westminster Hall might take Cognizance of Causes determinable in Parliament were Tresilian and Belknap in 11 Rich. II. for which they were impeached by the Commons in Parliament of no less than High Treason and for which by Judgment of the Lords in Parliament Tresilian was hanged and Belknap banished Mr. Williams in his Pleadings for Fitz-Harris cites another Case in 20 Rich. II. of a Person who exhibited a Petition in Parliament which suggested something which amounted to High Treason which it may be was determinable by Common Law This Person was after indicted at Common Law found guilty and pardoned but because the Business was depending in Parliament the Prosecution and Judgment were made void in Parliament The next Case I think but of an higher Nature for Tresilian and Belknap only gave their Opinion was that of Sir John Elliot my Lord Hollis c. 5 Car. I. when an Information was exhibited against them in the King's Bench they pleaded to the Jurisdiction of the Court being for Matters transacted in Parliament the Court over-ruled their Plea and gave Judgment against them and Reasons such as they were for their Judgment but in the 19 Car. I. upon a solemn Debate in the Commons House and upon their Reasons given at a Conference with the Lords the Judgment of the King's Bench Reasons and all were reversed by a Writ of Error in the Lords House and after the Judges who gave the Judgment were impeach'd of High-Treason by the Commons for endeavouring to subvert the fundamental Laws and Constitutions of the Kingdom This Case of Fitz-Harris I take to be the fourth of this kind yet shall open a Gap for a fifth but that this Case may be better understood it will be necessary to distinguish between an Indictment or Information and an Indictment by the Commons in Parliament An Indictment or Information is at the Suit of the King and the Judges and Jury are tied up to some single Issue as in this Case of Fitz-Harris the Trial was whether he was guilty or not of the Treason whereof he was indicted But an Impeachment of the Commons is at their Suit and of all the Commons of England nor are they tied up to one single Issue but impeach for Treason and other Crimes and Misdemeanours in the same Impeachment they assume to themselves That all the Commons in England have a Right in the King and all the Laws and Constitutions of the Nation and therefore can impeach where none of the Courts of Westminster-hall can take any Cognizance at the Suit of the King either by Indictment or Information After Fitz-Harris was committed to Newgate he was examined by the Earls of Essex and Shaftsbury Sir Robert Clayton and Sheriff Cornish who found in him a Disposition to discover the bottom of the Popish Plot and also to make a further Discovery of the Murder of Sir Edmundbury Godfrey but the next Day Fitz-Harris was carried to the Tower and kept close Prisoner and out of their Power to whom Fitz-Harris promised to make a Discovery The Commons conceiving themselves and all the Commons of England concerned in this Plot wherein the French Ambassador his Confessor my Lord H the Dutchess of Portsmouth and her Woman Wall and even the King himself for Fitz-Harris had several times acquainted the King with it and the King gave him Money and countenanced it were Agents impeached Fitz-Harris thereby to enquire into the Bottom of this Business which no Court in Westminster-Hall could do and this I take to be the Reason of the Commons Vote of the 27th of March 1681 That if any inferiour Courts shall proceed upon Fitz-Harris and he be found Guilty the House will declare them guilty of Murder and Betrayers of the Rights of the Commons of England And so it fell out that Fitz-Harris being indicted upon the single Issue of contriving and publishing the Libel was convicted and executed upon it tho he desired to proceed upon the Discovery of this Plot to the Earls of Essex Shaftsbury and to Sir Robert Clayton and to make an End of his Evidence against my Lord H which was denied So that whether Fitz-Harris was murder'd in his Person or not it 's no Question but his Evidence for further Discovery of this and the Popish Plot was murder'd by this Trial. I will make these Remarks more upon this Trial that in the Case of Tresilian and Belknap the Nation was in no other Danger than the Courts of Westminster-Hall's invading the Jurisdiction of Parliament and the Case of my Lord Hollis Sir John Elliot Mr. Selden c. was only for Misdemeanour whereas the King's Person and the Safety of the Nation were concerned in the Discovery which Fitz-Harris might have made see Mr. Hawles's fine Remarks upon the Practices and Illegalities of the Judgment of the Court not warranted by the Common or any Statute Law and that the Consequences of this Trial were manifoldly more mischievous to the Nation than if Fitz-Harris's Design had taken Effect The Fright of Fitz-Harris's Discovery of this new Popish Plot being seemingly allayed by his Death Revenge with winged Haste pursues the Discoverers of the old It was in Trinity-Term that Fitz-Harris was tried and executed and after this Term an Indictment of High Treason was exhibited to the Grand Jury of London against Stephen Colledge a mean Fellow but a great Talker against the Popish Plot who was more known by the Name of Protestant Joiner than Stephen Colledge The Fore-man was one Wilmer This Indictment would not down but the Grand Jury returned an Ignoramus upon it for which Wilmer was forced to fly his Country The Design not succeeding in London the Scene against Colledge is laid at Oxford the Judges were Chief Justice North Justice Jones Justice Raimond and Justice Levins To make sure of a Bill to be found there against Colledge the King's Counsel had prepared Witnesses at the Assizes to post thither and there to make sure Work the King's Counsel are privately shut up with the Jury till they had found the Bill which Mr. Hawles says was a most unjustifiable and unsufferable Practice Whilst these things were contriving Colledge had the Honour as well as Fitz-Harris to be committed and continued a close Prisoner in the Tower yet the Lords impeached in Parliament had the Liberty of it and free Access was permitted to them it 's true indeed Colledge was permitted to have a Solicitor and Counsel which was Mr. West I think a Plotter or Setter in the Rye-Plot as dark as Fitz-Harris's and as like it as two Apples are one to the other But this was
purpose 3. Oates said Turbervile said a little before the Witnesses were sworn at the Old-Baily That he was not a Witness against Colledge nor could give any Evidence against him and that after he came to Oxford he had been sworn before the Grand Jury against Colledge and that the Protestant Citizens had deserted him and God damn him he would not starve John Smith swore Colledge's speaking scandalous Words against the King and of his having Armour which he shewed Smith and said These are the things that will destroy the pitiful Guards of Rowley and that he expected the King would seize some of the Members of Parliament at Oxford which if done he would be one should seize the King that Fitz-Gerald had made his Nose bleed but before long he hoped to see a great deal more Blood shed for the Cause that if any nay Rowley himself came to disarm the City he would be the Death of him 4. To confront this Evidence Blake testified that Smith said Haynes's Discovery was a Sham-Plot a Meal-Tub-Plot Bolron said Smith would have had him swore against Sir John Brooke my Lord Shaftsbury and Colledge things of which he knew nothing and told him what he Bolron should swear lest they should disagree in their Evidence Oates testified Smith said God damn him he would have Colledge ' s Blood and Mowbray testified that Smith tempted him to be a Witness against Colledge and Sir John Brooke and said if the Parliament did not give the King Money and stood on the Bill of Exclusion that was Pretence enough to swear a Design to secure the King at Oxford And Everard and others testified Smith said he knew of no Presbyterian or Protestant Plot and said Justice Warcup would have perswaded him to swear against some Lords a Presbyterian Plot but he knew of none These were the material Evidences thus confronted which should prove Colledge's Treason and Misdemeanour for taking away his Life But this Evidence was so baffled that for Shame the King's Counsel never play'd them after against any other but my Lord of Shaftsbury but were forced to set up for new against my Lord Russel Colonel Sidney c. Objection In criminal Cases especially of Treason if Evidence did not arise from the Conspirators who are supposed to be ill Men scarce any other means can be found for preventing or punishing these and that Dangerfield was of an ill Fame and Dugdale Smith and Turbervile were Witnesses in Discovery of the Popish Plot and so their Evidence is to be credited as well in this as in the Popish Plot. Answer Nor would the Popish Plot have been believed if it had no Foundation but the Credit of the Witnesses but Coleman's Letters Sir Godfrey's Murder and Harcourt's Letters of it that Night to Evers my Lord Aston's Confessor c. gave more than sufficient Evidence of the Popish Plot beside the Evidence in the Popish Plot did arise from the Evidence of their own Accord not hired and sought to give it as in this And can any Man believe that Colledge so zealous a Protestant should design the Destruction of the King and contrive it by Papists to whom he was so averse And it were Madness to think Colledge could do this alone for none of all the Evidence swear any other to be concerned with him in it There were other Evidence against Colledge viz. Mr. Mâ—sters Sir William Jennings about Words which Colledge should speak and Atterbury Seywel and Stevens concerning finding Pictures in Colledge's Possession when they seized him but as Mr. Hawles observes these by no Law in England could be made Treason admitting all they said to be true But tho at Colledge this Scene began and he was executed as a Traitor it did not end in him as he prophesied For Colledge's Blood was too mean a Sacrifice to appease the offended Ghosts of the martyred Roman Saints and was but an Inlet to spill nobler Blood therefore upon the 31st of August he was executed and upon the 24th of November following 1681. the Earl of Shaftsbury had a Bill of High Treason at the Sessions of the Old-Baily London preferred against him I will not here curtail any of the Remarks which Mr. Hawles has made upon this Bill or the Trial of my Lord Russel Colonel Sidney's Mr. Cornish's and Wilmer's Trials but leave them entire to the Reader it 's enough for me to shew how well the King by these Trials made good his Declaration of preserving the Protestant Religion and his utmost Endeavour to extirpate Popery yet I shall make some Remarks upon my Lord Shaftsbury's Case which Mr. Hawles either has not or not so fully Upon the 20th of April 1679 the King after he had sent the Duke into Holland dissolved his old Privy Council and chose a new one whereof the Earl of Shaftsbury was President and in Parliament declared the ill Effects he had found of single Councils and Cabals and therefore had made Choice of this Council which next to the Advice of his great Council of Parliament which he would often consult in all his weighty and important Affairs he would be advised by this Privy Council and to take away all Jealousy that he was influenced by Popish Councils he had sent his Brother beyond Sea But now quanto mutatus No more Parliaments so long as this King lives The Council whose Advice next the Parliament he would take is now dissolved and the President 's Life is sought for the Duke of late sent away that he might not influence the King's Councils is now returned and governs all and made High Commissioner of Scotland where at this time he is contriving the Destruction of the noble Earl of Argile whilst his Brother is doing that of my Lord of Shaftsbury and both act their Parts under the Vail of sacred Justice But how to bring the Earl of Shaftsbury upon the Stage was Matter of great Inquiry other Evidence besides Irish and those Colledge had so baffled could scarce be found and this Evidence 't was feared would no more prevail upon a London Grand Jury than before it did when the Bill was preferred against Colledge Captain Henry Wilkinson was a Yorkshire Gentleman who having served King Charles I. in his Wars and been very instrumental in the Restoration of King Charles II. being fall'n into Decay a Fate usually attending the Cavaliers who served either of those Kings was for his Sufferings Integrity and Honesty preferred by the Earls of Craven and Shaftsbury to be Governour of Carolina and one of his Sons to be Surveyor-General of it and another a Register Captain Wilkinson made use of the little Stock he had left and such Credit as he could procure to fit himself upon this Account and hired a Ship called the Abigail of a hundred and thirty Tuns and victualled her for the Master and ten Men and such other Passengers as he should take in In this Number one Mr. John Booth desired that he and his
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
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
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
Ancre's Fate did not end with his Life for the next day after he was buried the Lacquies of the Court and Rabble of the City digged up his Coffin tore his Winding-Sheet and dragged his Body through the Gutters and hanged it upon the Gibbet he had prepared for others where they cut off his Nose Ears and Genitors which they sent to the Duke of Main Head of the Popish League the great Favourite of the Parisians and nailed his Ears to the Gates of Paris and burned the rest of his Body and hurled part of the Ashes into the River and part into the Air and his Wife soon after was condemned by the Parliament of Paris for a Witch for which she was beheaded In the Year 1618 a Blazon Comet appeared and the Marquess of Buckingham by the removal of my Lord Admiral Nottingham who was so in the famous Overthrow of the Spanish Armado in 1588. was made Lord Admiral being as well qualified for that Office as he was for being Prime Minister in State-Affairs It was no wonder that Lewis XIII th after the Death of the Marquess d' Ancre and his Wife should remove his Mother from State-Affairs and confine her to Blois to make room for Luynes to govern him more absolutely than the Marquess and his Wife had done his Mother for Lewis as he was of a feeble Constitution both of Body and Mind so Luynes was a kind of Governor to him appointed so by his Father Henry the 4th to humour him in all his Childish Toys and Pleasures So tho Rehoboam when forty Years old was governed by young Men not in Years but Understanding so neither was it any great wonder that Edward the 2d a young Man should be governed by Pierce Gaveston a Person of far more accomplished Parts than Buckingham for Gaveston was bred up with Edward and had so far by his Flatteries prevailed upon him that Edward could not enjoy any Pleasure in his Life without him But for an old King having been so for above fifty one Years to dote so upon a young Favourite scarce of Age yet younger in Understanding tho as old in Vices as any in his time and to commit the whole Ship of the Common-wealth both by Sea and Land to such a Phaeton is a Precedent without any Example But how much soever the Safety of the English Nation was endangered hereby yet the but mentioning any thing hereof was an Invasion of the King's Prerogative and meddling with State-Affairs which was above the Capacity of the Vulgar and even of the Parliament as you will soon hear But how absolute soever the King was at Home the face of Affairs Abroad stood quite contrary for the Dutch having retrieved their Cautionary Towns out of his Possession had the King in such Contempt that they neither regarded him nor his new Lord High Admiral and this Year says the Author of the Address to the Free-men and Free-holders of the Nation in his second Preface f. 13 14. The Dutch never before fished upon the Coast of England till they had begged leave of the King or Governour of Scarborough Castle but this was now thought beneath the Magnificence of the Hogan Mogans and therefore they refused it They had been formerly limited by our Kings both for the Number of their Vessels they should fish with and the time Now they resolve to be their own Carvers and in order to that denied the English the Sovereignty of the British Seas and as if this had not been enough drew nearer and nearer upon the English Shores Year by Year than they did in preceding Times without leaving any Bounds for the Country-People or Natives to fish upon their Princes Coasts and oppressed some of his Subjects with intent to continue their pretended Possession and had driven some of their great Vessels through their Nets to deter others by like Violence from fishing near them c. as Secretary Nanton January 21 1618. told Carleton the Dutch Ambassador And to justify all this they set out Men of War with their Fishermen to maintain all this by Force But it was not Fish our new Lord Admiral cared for nor did he care for the King's Soveraignty of the British Seas so as he might be Lord High Admiral in Name The Sails of Buckingham's Ambition were not full swelled till to the Title of Lord High Admiral the Lord Warden of the Cinque-Ports was added to it tho he regarded the guarding the Coasts of England as little as he did the Soveraignty of the British Seas Nor did the accumulated Honours to himself alone satisfy his Ambition but a new Strain his Mother tho a professed Papist must be pullied up with him in a concurring Title of the same Honour by being created Countess of Buckingham And being thus exalted she forsook her Husband's Bed which she sanctified by being converted to the Church of Rome and as her Son governed the King so she governed her Son so that as Mr. Wilson observes fol. 149. tho her Son acted in appearance in all Removes and Advancements yet she wrought them in effect for her Hand was in all Actions both in Church and State and she must needs know the Disposition of all things when she had a feeling of every Man's Pulse for all Addresses were made to her first and by her conveyed to her Son for he looked more after Pleasure than Profit which made Gundamor who was well skill'd in Court Holy-Water among his other witty Pranks write merrily in his Dispatches to Spain that there were never more hopes of England ' s Conversion to Rome than now For there were more Oblations offered here to the Mother than to the Son Then he tells the Marquess's Behaviour to attain his Ends of Ladies how he married the Earl of Rutland's only Daughter the greatest Fortune in England but being a Papist how she was converted by Dr. White tho the Bishop of Litchfield attributes her Conversion to Dr. Williams Dean of Westminster but was brought back to the Church of Rome by the Countess of Buckingkam The next Year if you begin at January Queen Ann died the 22d of March but this is but a beginning of the King's Sorrows at least of his Troubles But this no way troubled our young Favourite but to encrease the Honour of his Family by Sir George's second Brood in June following he had his eldest Brother John created Baron Stroke and Viscount Purbeck tho I do not find he ever gave him one Penny to maintain these Titles Such disgust the King had taken at the Commons representing the Grievances to him in the last Parliament that in his Cups and among his Familiars upon all Occasions he would inveigh against Parliaments saying God is my Judg I can have no Joy of any Parliament in England and that he was but one King and there were alove five hundred in the House of Commons So as if he could have helped it he never would have been troubled with another 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
partake with him in any part of his Authority over it And now Monk with a better Authority and more Applause than Cromwel had might have set up himself for Protector or what he pleas'd but he saw the Genius of the Nation lay another way and that 't was more secure to follow it than to set up himself against it He held therefore private Intelligence with the Heads of the Secluded Members about their Restoration on certain Conditions The Secluded Members were zealously disposed to out the Rump upon any Terms whatever came of it they had more to say against the Rump than the Rump had against the Officers of the Army who had twice deposed them and the Rump began the Game with the Secluded Members before the Officers began with them So upon Feb. 21. Monk gave the Command of the Guard to Sir Anthony Ashley Cooper after Earl of Shaftsbury to permit the Secluded Members to enter the House the first whereof was W. Prynn tied to a great Basket-hilted Sword yet the Rumpers were not excluded nor did the Secluded Members care for it being four to one And so the Rumpers left the House and fell into a Relapse of their Convulsion out of which they never recovered nor did Barebone's Rabble afford them any Relief Thus you see the Rump and Secluded Members were like Virginal-Jacks too when one was up the other was down for the Secluded Members who before would not have the Nation or themselves safe unless they were an Undissolvable Parliament now to be revenged on the Rump are content to meet only to do Monk some Journey-work and then dissolve themselves The Secluded Members after they were in repeal their own Exclusion then vote Monk General of all the Forces in England Scotland and Ireland Mountague Admiral of the Fleet set Sir George Booth and those in Prison upon that account at liberty and soon after sent Lambert in his room and grant a Tax for Payment of the Army which now no Man disputed But Monk ' s Cares did not end here the Army without were more than fivefold to his within the City he therefore sent Letters to all the other Regiments of the Armies in England and Ireland To certify the Reason of the re-admission of the Secluded Members that without it there was no way to satisfy the Nation or raise Money to pay the Army and with large Assurances of their Constancy in their old Profession and Principles The Souldiers in general were glad to be out of their starving and wandring state and therefore in shoals submitted to Monk who yet would not receive them unless they would swear to be true to this Parliament as 't was called which he could but little trust to they having so often forswore themselves before yet these at present serv'd his turn and those who refus'd he cashier'd Now had horrible Dread overwhelm'd the Rumpers especially the Regicides they saw themselves hated by almost all the Nation yet at irreconcilable Variance one with another the Body of the Army which had raised them turned now against them they knew the Secluded Members had but a limited time to sit and then to dissolve themselves to make room for another which would certainly bring in the King to their utter Destruction In this Consternation Lambert escap'd out of the Tower and Col. Rich refused to submit Lambert posts to Warwick where he met Axtel Okey Cobbet Creed and some other disbanded Officers to whom many disbanded Soldiers joined which made up a little Army Colonel Streater a Confident of Monk's from Northampton gives Monk an Account of this whereupon the Council of State settled by the Secluded Members proclaim Lambert and all his Adherents Traitors and Monk sent Col. Rich. Ingoldsby a Gentleman of more true Courage than 20 of these sniveling Fellows who was before cashier'd for adhering to Ric. Cromwel when the Officers depos'd him with a strong Squadron of Horse to join Streater's Foot against them When these were joined upon Easter-day near Daventry both Armies came within sight of one another when Lambert made an Overture to Ingoldsby to restore Ric. Cromwel but Ingoldsby knew this Game was lost and that Lambert did not mean sincerely and so they fought Ingoldsby charged home and Lambert's Men could not sustain the Shock but fled and Ingoldsby it 's said took Lambert Prisoner with his own hands Lambert crying Quarter good my Lord for Ingoldsby was one of Oliver's Lords of the other House spare my Life With Lambert Cobbet and Creed were taken Prisoners Okey and Axtel escaped now but could not escape a greater Punishment than befel Lambert Cobbet or Creed for they were hang'd and quarter'd for having been K. Charles's Judges Nor was Rich's Fate much better than Lambert's for Col. Ingoldsby at Bury in Suffolk cashier'd him it 's said at the Head of his Regiment and disbanded it This was the End of that Invincible Army subdu'd by not one 6th part of it self for Monk when he came from Scotland had but 4 Regiments of Horse and 6 of Foot and I believe not 10 Men killed in their Defence and not one in the Reduction of the invincible Armado And now 't is time to see what followed the Secluded Members with much ado having dissolved themselves upon Mar. 17. issued out Writs for another to meet yet in the Name of the Keepers of the Liberties of the Commonwealth of England upon Apr. 25. the Elections to be as they were before the Year 1640. The gazing World eagerly expected the Success of this wondrous Revolution If we look abroad we shall see Mazarine after Cromwel's Death not foreseeing wherein the Confusions and Disorders in England would end unless in the Restoring the King which by Monsieur Bourdeaux the French Ambassador in England he diligently used his utmost Endeavours to prevent now sets up a Treaty of Peace with Spain and to forward it propounds a Marriage between the French King and the eldest Infanta of Spain the younger was after married to the now Emperor Leopold and the now King of Spain not born This Treaty was called The Pyrenaean Treaty But as this Treaty was made in deepest Dissimulation and Treachery so were the Preparations to it for at the same time the War continuing between Spain and Portugal the French King made an offensive League with Portugal for 10 Years not to treat with Spain unless the Portuguese were entirely satisfied in all their exorbitant Demands of Spain in which 't was agreed That all the Harbours the Portuguese should take in Spain either upon the one or other side of the Sea shall be put into the Power of France which you may read in the most excellent Treatise of the truly honourable and learned Statesman the Baron d' Isola Of the Buckler of State and Justice Chap. 1. And in regard there is so great a Connexion of the Pyrenaean Treaty with that of the Life of King Charles II. we 'll be more particular in it before we