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A33686 A detection of the court and state of England during the four last reigns and the inter-regnum consisting of private memoirs, &c., with observations and reflections, and an appendix, discovering the present state of the nation : wherein are many secrets never before made publick : as also, a more impartiall account of the civil wars in England, than has yet been given : in two volumes / by Roger Coke ... Coke, Roger, fl. 1696. 1697 (1697) Wing C4975; ESTC R12792 668,932 718

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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
Manuscripts and Historians Containing the Lives of the Kings and Memorials of the most Eminent Persons both in Church and State With the Foundations of the Noted Monasteries and both the Universities Vol. I. By James Tyrrel Esq Fol. A New History of Ecclesiastical Writers Containing an Account of the Authors of the several Books of the Old and New Testament and the Lives and Writings of the Primitive Fathers An Abridgment and Catalogue of all their Works c. To which is added A Compendious History of the Councils c. Written in French by Lewis Ellies du Pin Doctor of the Sorbon In seven Volumes Fol. An Essay concerning the Power of the Magistrate in Matters of Religion c. 8o. All sold by Andr. Bell at the Cross-keys and Bible in Cornhil INTRODUCTION WHEN King James became King of England the Kingdom of France was bounded on the North with the British Sea from la Bresle on the East where this River which parts Normandy from Boloignois discharges it self into the Sea and in the Latitude of 50 Deg. North and 5 Min. from whence West and by South it extends it self to Portsal in Bretaign about 340 Miles distance and in the Latitude of 48 Degrees and North and by East from la Bresle to Calais which lies in the Latitude of 50 Degrees 40 Minutes From Portsal to the South inclining into the East upon the Bay of Biscay France extended it self to St. Jean de Luz which is the Frontier to Spain in the Latitude of 44 Degrees and from St. Jean de Luz East and by South it extended it self along the Pyrenean Hills to Perpignian in the Country of Rosillion in the Latitude of 42 Deg. 30 Min. From Perpignian on the South to Piedmont on the East towards the North it was bounded by the Mediterranean Sea and from Calais on the North the Eastern parts of France to the South were bounded by the Spanish Netherlands Lorain Alsace the State of Geneva Savoy and Piedmont The Continent was near threefold more than England including Wales Before the Reign of Ferdinand and Isabella in the Year 1474. Spain was divided into six Kingdoms whereof four were Christian viz. the Kingdoms of Castile and Leons Arragon Navarre and Portugal and two Mahometan viz. Granada and Murcia But when K. James came to be King of England all these Kingdoms were united under Philip the 3d King of Spain Ferdinand and Isabella having conquered the Kingdoms of Granada and Murcia after Isabella's death Ferdinand conquered Navarre and Philip the 2d claimed and conquered Portugal in 1584. after the Death of Don Sebastian who was overthrown and slain by the King of Fez and Morocco in 1580. All these Kingdoms thus united were greater than France by about â…“ Spain thus united is a Peninsula having on the North-East and South-East the Pyrenean Hills on the North-East is Fontarabia and on the South-East Cape de Creux the rest of Spain is environed by the Bay of Biscay on the North by the Atlantick Ocean on the West and South to Gibralter and to the North-East by the Mediterranean Sea from Gibralter to Cape de Creux The North of Spain viz. the North of Biscay and Galicia is in the Latitude of 44 Degrees North and the South parts of Andaluzia and Granada in the Latitude of 36 Degrees 30 Minutes but the extent of Spain about the middle Region of it from East to West is more than from North to South being near 14 Degrees 20 Minutes in Longitude The Isle of Britain is the greatest of Europe it may be of the World for ought is certainly known at least none comparable to it except Madagascar or St. Laurence and Japan if it be an Island The North of it is in the Latitude of 58 Degrees North the South-East in 51 Degrees and towards the West inclines into the Latitude of 50 Degrees It 's bounded on the South by the Channel or British Sea on the East by the German Ocean on the North by the Deucaledonian Ocean and on the West by the Verguvian Britain is divided into two Kingdoms England and Scotland England including Wales above â…“ greater but incomparably a better and more fertile Soil and a more temperate Climate in a Northern Climate lying South of Scotland The Kingdom of Scotland hath several Islands depending upon it on the North and West on the North is a Knot of Islands or Rocks called The Orcades I cannot tell whether they be distinguished by Names but on the North of these in the Latitude from 60 Degrees to 61 Degrees lies Shetland or Shotland which the Romans called Vltima Thule and on the West are the Hebrides the most considerable of them are the Isles of Mul Sky and Lewis Besides Ireland and the Isles of our Western Plantations the Isle of Man which lies between Lancashire and Ireland the Isle of Anglesey which lies between Wales and Ireland the Isles of Wight Garnsey and Jersey which lie in the British Sea between England and France and the Sorlings or Isles of Silly a Knot of Islands about a Degree West of the Lands-end of Cornwal are in the Dominion of the Kingdom of England Ireland is a Kingdom and Island depending upon the Kingdom of England greater than Scotland and near as big as England excluding Wales and is near of an Oblong Figure unless the Province of Munster inclines towards the West near a Degree into the South The North of Ireland lies in the Latitude of 55 Degrees 30 Minutes North and the South-East in the Latitude of 52 Degrees 30 Minutes and the South-West in the Latitude of 51 Degrees 40 Minutes the breadth from East to West is near 4 Degrees 20 Minutes Longitude Ireland on the North is bounded by the Deucaledonian Ocean on the East by St. George's Channel on the South by the Atlantick Ocean and on the West by the Verguvian Ocean It will much conduce to open the Design of the ensuing Treatise if we look back to the Dissolution of the Roman Western Empire and see what Kind of Government succeeded in the Kingdoms of Spain France and England and so take a view of the Causes of the Ruin of the Western Empire and herein I shall follow Helvicus his Christian Vulgar Aera As Britain was the first Country which received the Christian Faith so Constantine the Great the first of all the Christian Roman Emperors was born a Britain and became Emperor in the year of Christ 306. A Prince who as he excelled in Christian Piety so was he adorned with all Moral Vertues requisite in so great a Prince and being zealously addicted to propagate the Christian Faith and Religion he chiefly intended these above all other things but herein he met with great Opposition nor could he attain these Ends without shaking the Strength and Foundation of the Constitutions of the Empire For in propagating the Christian Faith and Religion Constantine was not only opposed by Dioclesian Maxentius and Maximin who were Emperours
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
Peace between England and Spain whereto both Kings were equally disposed more smooth and easy Yet Philip the 3d before he would openly seek it by an Ambassador from the Arch-Duke Albert Governor of Flanders felt the Pulse of the Court how it stood affected to a Peace with Spain which beat high towards it so as soon after it followed which as it was most beneficial to the English Nation so it had been to Spain if it had been as sincerely observed by King James as it was by Philip. Henry the 4th of France tho spited as 't was said that King James should not only come so peaceably but with universal Acclamations to the Crown of England whereas he laboured with such difficulty above seven Years to attain that of France and at last was forced to a dishonourable Submission to the Pope Clement VIII Yet being a Prince of great Prudence in Peace as well as fortunate and victorious in War sent Monsieur de Rosny Great Treasurer of France to renew the Treaty of Peace and Commerce formerly made between Queen Elizabeth and him which was without any difficulty done The King being thus at Peace Abroad and at Home not only in England but in Ireland as if the Wars expired there with Queen Elizabeth he not only pardoned the Earl of Tyrone the Head of that Rebellion but by Proclamation declar'd he was restor'd to the King's Favour and to be honourably used of all Men. But how pleasing soever the King 's coming to the Crown of England was to the English Nation it seems it was not so or something else to God for an horrible Plague greater than any since that in the Reign of Edward the 3d accompanied his coming in There were two Factions in England when the King came to the Crown distinguished by the Names of Puritans and Papists both dissenting from the Religion established in the Church of England the King hated those and wrote against these chiefly for their Doctrine of the Pope's Power of deposing Kings These received the King after different manners the Puritans had a huge Expectation of his Favour because he was bred up in their Doctrine and Discipline but were much deceived in it for he rarely mentioned them but with Detestation which he did not those of the Popish Religion However in January they obtained a Conference with the Church-Party at Hampton-Court where the King himself would be Moderator whilst most of the Nobility and Bishops were Spectators You need not doubt which Party prevail'd the Nobility and Bishops not only giving the King the Victory with the Epithets of The Solomon of the Age The most Learned but of being inspired But what Expectation soever the Puritans had of the King 's coming to the Crown the Papists had another Lesson taught them for tho the Popish Conspiracy against the Person of Queen Elizabeth ceased upon the Death of the Queen of Scots yet did not the Pope's Designs upon the Kingdom of England do so but Clement VIII in the Year 1600 sent Orders to his Emissaries in England that the Catholicks should admit none to succeed the Queen but one obedient to the Holy See and in Conformity hereunto Watson and Clark two Romish Priests joined in Cobhant's Conspiracy to have kept the King from coming to the Crown and were executed for it as Traitors but the Effects of the Pope's Instructions did not die with Clark and Watson as you 'll soon hear and upon the 24th of October 1603 a Proclamation was made for Quietness to be observed in Matters of Religion Notwithstanding the Rage of the Pestilence the first nine Months after the King 's coming to London all were Halcion-days Proclamations Pageants Feastings Creation of Lords and Knights Reception of Foreign Ambassadors erecting a Master of the Ceremonies after the Mode of France c. and in this time the Dignified Clergy and those who courted to be so with the Favourites at Court with whom the Civilians chimed in had so rooted their Doctrine of the King 's Absolute Power and that notwithstanding his Succession to the Crown of Scotland in the Life of his Mother he succeeded by inherent Birth-right and that Primogeniture is the Gift of God by the Law of Nature and that in his Person was reconciled all the Titles of our Saxon Danish and Norman Race of Kings that being propensly disposed to receive the Impressions they took such deep root in him that in all his Life after he would never with Patience hear any thing to the contrary however it was not long before he heard of it as you shall hear But we will stay a little and see how inconsistently these Flatterers jumbled an Absolute and Hereditary Monarchy together and how this King reconciled the Titles of the Saxon Danish and Norman Titles to the Crown For no Hereditary Monarch that ever reigned in this World but derived his Title from an Ancestor who had no Hereditary Right nor did ever any Hereditary King succeed but to govern by Laws and Constitutions which were established before he became King So however Absolute may be applicable to Conquerors yet it is inconsistent with Hereditary Kings especially in a Regular Monarchy as that of England is and those of old as of the Medes and Persians where the Will of the King alone could not alter the Laws and Constitutions of them And now let us see how King James came to claim his Crown by inherent Birth-right and how all the Saxon Danish and Norman Titles came to be reconciled in his Person It 's evident to me that tho only God can make an Heir and that tho Primogeniture be natural yet God in disposing Kingdoms is not obliged to it tho Grotius lib. 1. Tit. 11. de Jure Belli Pacis is pleased to say the Law of Nature is immutable by God himself but reserves unto himself the Prerogative of disposing Kingdoms without restraining the Succession of the King to Primogeniture or Hereditary Succession Here let us see in Epitome which you may read at large in Sir William Jones his History of the Succession of the Kings of England before and after the Conquest and the History of the Succession of the Crown of England from King Egbert to Henry the 8th printed in the Year 1690 where you will see that tho the Kings of England both before and after the Conquest succeeded in their Royal Families yet many more were not in the right Line than in it and tho before Caesar invaded Britain there was no other Government but Kingly yet Britain was divided into so many petty Kingdoms that tho it had not been barbarous it would have been as difficult to have wrote the History of the Succession of their Kings as to have wrote the History of the Succession of the Kings immediately after the Flood After the Roman Empire oppressed by its own Weight by the Division into Eastern and Western its intestine Jars and the over-flowing of barbarous Nations was so torn
and shaken that the Legions which governed Britain were recalled by Ecius the Roman General under Honorius and Valentinian the 3d to make Head against Attila the poor Britains disarmed and only made use of to serve their imperious Masters and so utterly destitute of Martial Discipline easily became a Prey to the Picts and Scots not subject to the Romans who treated them more intolerably and tyrannically than the Romans had done For Redress whereof the Britains sought Succours from the English Saxons who came to their Relief in the Year 409 as Bede says lib. 1. cap. 15. of the Ecclesiastical History of the English Nation but these Saxons used the poor Britains worst of all and expelled the whole Race of them out of that part of the Island now called England Tho the Saxons had their Wills of the Britains they were before the Heptarchy at continual Variance among themselves and so after that it is almost as unaccountable to give a History of the Succession of their Kings as it was of the Britains before Julius Caesar Egbert about the Year 800 viz. 391 Years after the Saxon Invasion was called the first of the Saxon Monarchs tho the Kingdom of the Mercians was not united to his Monarchy who by Merit as well as Birth obtained the Dignity and succeeded Brithric Ethelwolph succeeded Egbert in the Kingdom of Westsax but not to those of Kent Sussex and Eastsax or Essex these being given by Egbert to Egbert's younger Son Ethelwolph by his Will divided his Kingdoms between his two eldest Sons Ethelbald and Ethelbert to Ethelbald he gave the Kingdom of the West Saxons to Ethelbert the Kingdom of Kent and the Eastern Southern and middle Angles But there were two other Sons Ethelred and Alfred Ethelbert after the Death of Ethelbald succeeded him in the Kingdom of the West Saxons and after the Death of Ethelbert Ethelred succeeded in the whole viz. of the West Saxons and of the Kingdoms of Kent the Eastern Southern and Middle Angles Alfred after the Death of Ethelred by universal Applause the famous the youngest Son of Ethelwolph succeeded Edward Son of Alfred was chosen by the Nobles on Whit-sunday in 901. Athelstan after the Death of Alfred tho a Bastard was elected by the Nobles of whom 't was said there was nothing ignoble in him But Athelstan dying without Issue his younger Brother Edmund succeeded him without any Opposition and tho he left two Sons Edwy and Edgar yet Edmund's younger Brother succeeded him Edwy after Edred's Death Edred's elder Brother 's elder Son succeeded but being a vicious Prince the Mercians and Northumbrians chose Edgar his younger Brother King in the Life of Edwy and Edgar after the Death of Edwy became King of the whole Nation Edward Son of Edgar after his Death was chosen by the Bishops and Nobles by the Command of his Father Edgar but he being murdered by his Step-mother Edward's younger Brother Ethelred succeeded And after his Death the Saxon Monarchy being rent in pieces by the Danes and Saxons Edmund Ironside Son of Etheldred by an obscure mean Woman tho he had two half-legitimate younger Brothers Edward and Alfred born of Etheldred's Wife was chosen King by one part of the Nobility and Canutus the Dane by another Thus the whole legitimate Race of the Saxon Kings were excluded one part chusing Ironside a Bastard the other Canutus a Stranger to the Saxon Royal Race Edmund Ironside being treacherously murdered by his Brother-in-law Edric Edmund leaving two Sons Edwy and Edward Canutus the Dane became sole Monarch of the Saxon Monarchy So that this was the beginning of the Danish Dynasty which lasted not long Harold Son of Canutus succeeded him and Hardicanute his Brother succeeded Harold neither the Issue of Etheldred Edward or Alfred nor Edwy or Edward the Sons of Edmund Ironside so much as taken notice of with this Hardicanute ended the Danish Rule with the Slaughter and Expulsion of the Danes Edward Son of Etheldred called the Confessor Uncle to Edwy and Edward Sons of Edmund Ironside after Hardicanute was advanced to the Royal Dignity principally by means of Earl Goodwin a powerful and imperious Lord upon the account of Edward's marrying the Earl's Daughter so little was the Hereditary Succession of the Saxon Kings regarded And that Edward's Reign might be more secure this Earl Goodwin caused the Eyes of Alfred the King's Brother to be put out and some say took away his Life Edward the Confessor growing old having no Issue and the Family of the wicked Earl Goodwin growing not only insolent but intolerable to him declared Edward the Son of Edmund Ironside his Cousin his Heir And to the end he might better succeed the King sent to the King of Hungary to return his Nephew Edward whom the King of Hungary had married to his Niece Agatha Daughter to Henry Emperor of Germany which the King of Hungary did and upon Edward's return the Confessor declared that he or his Sons should succeed in his Hereditary Kingdom of England But the Confessor did not long hold in this Mind for his Nephew Edward soon after dying and leaving a Son Edgar unfit for Government either as to his Body or Courage he decreed that his Kinsman William Duke of Normandy tho a Bastard should succeed him in the Kingdom of England which came to pass and so a new Race of Kings have succeeded in England of the Norman Race whose original Title was from a Grant of a King of the Saxon Race and so the beginning creates little Title to an Hereditary Succession in the Norman Race And now we 'll see how an Hereditary Succession was observed in it yet as in the Saxon so in the Norman Kings none succeeded who was not of the Royal Blood as all the Kings of Judah were of the Family or Tribe of Judah William Rufus the second Son of the Conqueror succeeded his elder Brother Robert then alive So did Henry the First his elder Brother Robert living Stephen the Son of the Conqueror's Sister succeeded Henry tho Henry left a Daughter Maud or Matilda Henry the Second succeeded Henry's Mother yet living so his Succession was not Hereditary for Haeres non est viventis Richard the First succeeded Henry the Second John succeeded Richard Arthur the Son of John's elder Brother then alive Henry the Third succeeded Arthur's Sister then alive who was Heir before him So that of seven Successions after the Conqueror but one Richard the First succeeded as Heir to his Father or the Conqueror Admit Edward the First succeeded as Heir to Henry the 3d and Edward the 2d as Heir to Edward the First yet Edward the 3d did not succeed as Heir to Edward the 2d he being then alive Admit Richard the 2d was Heir to Edward the Black Prince eldest Son to Edward the 3d yet neither Henry the 4th 5th or 6th were Heirs from Edward the 3d but the Descendants of Phillippa the Daughter of Lionel Duke of Clarence John of
Match to oppose the turbulent aspiring Faction of Harold and his Family named William Duke of Normandy his Successor but none of these were Reasons for the Deposing the Earls of Athol and Strathern being for ought I find much better qualified to reign than either John or Robert the Issue of Elizabeth Moor for John was of a heavy and unactive Disposition not fit to govern which made the King his Father to constitute his younger Brother Robert Vice-Roy a Man of a violent and inveterate Disposition So that these three Dynasties viz. the Norman B●itish and Scotish were all derived from spurious Originals and as Henry the 7th was descended from John of Gaunt who was never King by Catherine Swinford so is the Race of Scotland from Robert Stuart the first of that Name before he was King by Elizabeth Moor. But though the Parliament erected this Dynasty of the Kings of Scotland yet this did not cease their Power of altering the Succession of it in a right Line For James the 2d had two Sons James the 3d who succeeded him and Alexander Duke of Albany Alexander married two Wives the first was a Daughter of the Earl of Orkney by whom he had a Son named Alexander and after married a Daughter of the Earl of Bulloign by whom he had a Son named John yet in James the 5th his Reign John was by Parliament declared the second Person of the Kingdom and next Heir to James the Fifth notwithstanding the Claim and Protestation made by John's elder Brother against it And the Scots out of Parliament assumed a Power not only of altering the Succession of their Kings but of deposing them For in the Year 1567 they deposed Queen Mary the Daughter of K. James the 5th and set up King James the 6th after King James the 1st of England an Infant scarce 14 Months old in her stead and by this Title he reigned in Scotland twenty Years in his Mother's Life and to his dying Day owned this Title Yet this King and his Son and two Grandsons after him gloried in declaring their Titles to be by inherent Birth-right and that they were accountable only to God for all their Actions Here how truly let the Reader judg the Scene was laid upon which they played their designed Game which did not end so I do not account the Dynasty of the Kings of England in the Scotish Race since Queen Elizabeth to be new in the Succession of the Persons of the four last Kings I mean King James the 1st King Charles the 1st King Charles the 2d and King James the second yet I say it was new in the Exercise of it and such as none of the Saxon Danish or Norman Race since Henry the 3d or of the British Race ever pretended to claim But in regard it has put the Nation into such a Ferment for above 80 Years and which if God pleases not to put an end to may prove as fatal to these Nations as the Feuds between the Guelphs and Gibelines did for above 300 Years overwhelm Germany and Italy in most horrible Blood-shed and Devastation we are more particular in taking a View of the Original of it From the time of the King 's coming to London May the 7th to the 11th of January little more than eight Months Stow takes notice of twelve Proclamations and upon the 11th of January out comes another for calling a Parliament which though new for the manner yet more new for the Substance and such as never before was heard of in England And that we may the better take a view of the success of the Parliaments of England in this King's Reign from this we will stay a little and consider the Constitution of a Parliament and the principal Ends of its meeting The King is the Head Principle and End of the Parliament the Lords Spiritual and Temporal and Commons which are made up of Knights of the Counties of England and Wales Citizens sent from Cities Burgesses sent from Corporations and Barons sent from the Cinque Ports which do not differ from Burgesses but only in Name are the Body the Temporal Nobility sit in Parliament in their personal Capacities but the Spiritual Nobility do not so but in right of their Bishopricks which they hold of the King by Barony and the Commons are said to be the Representative-Body of all the Commons in England not Noble by Birth or in their Politick Capacities as the Bishops are and in this Assembly resides the Supreme Authority of the Nation which as they make Laws for the publick Benefit for are they loose from them and are not obliged to them As the King is freed from the imputation of Tyranny in sanguinary Laws and of Oppression in taxing the Subjects for how can the Subjects complain of either when their Representatives in Parliament promote them So does a Parliament discharge the great Objection against Hereditary Monarchies that tho Princes see only with their own Eyes and hear with their own Ears as other Men do yet so as it is impossible without a true Representation of the State of their Subjects they can see or hear of the true State of them whereas Minions and Flatterers whose Interest is different from that of the Kingdom not only conceal the true State of the Nation but make false Representations of it to raise themselves tho out of the publick ruine but the Parliament is the Eye of the Nation which sees the Abuses which Flatterers by abusing the King's Name and making it subservient to their Interest impose upon it The great Ends of the Meetings of Parliament are first to redress the Grievances of the Nation if any be by representing them to the King Secondly to punish Men which are out of the reach of the ordinary Rules of Justice which either abuse the King's Name to attain their Ends or may prove dangerous to the Government Thirdly to make Laws against growing Evils and to repeal Laws which have been found inconvenient to the Nation And fourthly to supply the King upon extraordinary Occasions for Support of the Nation as Times and Accidents may happen Heretofore the Meetings of Parliament were so frequent that Sir John Thompson in his Preface to the Earl of Anglesey's Memoirs takes notice that from the first of Edward the 3d to the 14th of Henry the 4th which was but 85 Years there are 72 Original Writs for the Summons of Parliament so that if you allow forty Days from the Tests of the Writs to the Returns and but one Month for the Sittings of Parliament there will not be a Year's Interval between the Dissolution of one Parliament and the Summoning another and Mr. Johnson proves that they were annual and fixt to meet on the first or the Kalends of May which continued down to Edward the 1st how or whether discontinued by Edw. the 2d I cannot tell however there are two Laws yet in force for the annual Meeting of the King in Parliament
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 ●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 Sub●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 〈◊〉 ●●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
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
affected have done before them And to make choice of meet Collectors of the Monies and to return a Schedule of the Names of such as shall contribute and the Sums that are offered by them that his Majesty may take notice of the good Inclinations of the Subjects to a Cause of such Importance as likewise of such others if any such be as out of Obstinacy or Disaffection shall refuse to contribute These were the Ways which this pacifick King took in and out of Parliament which I believe except in the Reign of Edward the 4th were never practised by any of our English Kings and all this under the specious Pretence of recovering his Son-in-law's Patrimony prodigally to squander it among his Favourites especially Buckingham whose Avarice could not be supported otherwise by the Revenues of the Crown and Venality of all Places Sacred and Civil These were the Noble Atchievements which this pacifick King obtained over his Parliament which presumed to advise him for his own Honour and the Nation 's Safety this was the Return he made for inverting the Methods of Proceedings in Parliament to pleasure him by granting Subsidies before Grievances were redrest A Prince foreign born to our English Laws and Constitutions A Prince as the noble Nani Anno 1619. fol. 137 138. observes in whom Decorum and want of Power were commonly Opposites he being Scotish by Birth and come to the Crown by Inheritance was the first that governed the two Nations by Natural Antipathy and antient Emulation of Enemies and designing to reclaim the Fierceness of those People with Ease and Idleness had set up his Rest in Peace and avoiding as much as possible the calling of Parliaments without which not having the Power to impose Contributions nor levy Money he contented himself rather to struggle with many Straits and Difficulties than to see them meet with a Jealousy of them or being met be obliged to separate them with the disgust of the People or with the satisfaction of Prejudice to the Superior in Power A Prince so poor before he came to the Crown of England that if he had not been supported by the Pension which Queen Elizabeth allowed him could not have maintained the Garb of many of our English Gentry and being come to the Crown of England not only the Sacred Patrimony of it was squandered and embarassed upon debauched and profane Favourites but the People otherwise oppressed with almost infinite Monopolies and Projects which the Nation never before heard of and as they were new so were they all illegal and all these to make his Favourites rich while he continued the poorest King that ever governed England Justled in his Throne by the Presbytery in Scotland yet nothing less than Sacred would down with him from the Clergy in England tho his dissolute Life and profane Conversation were diametrically contrary These by a twenty Years Habit were so fixed in the King a Prince of all others the most regardless of his Honour and Word that they became natural So that after the Parliament had given him two Subsidies and intended another for carrying on the War for the recovery of the Palatinate and after he had by such means as before said by such Terror raised Benevolences all England over upon pretence of it yet by the Advice of Buckingham and Gundamor he placed the Anchor of his Hope to do it by the Match of his Son with the Infanta of Spain when an unlooked-for Accident reported by Nani in his 5th Book fol. 186. had like to have spoiled all For the King of Bohemia weary of being amused and deluded with the Hopes of his Father-in-law's Treaties which he now saw were mocked by the Spaniards themselves in a Disguise with two Persons only from Holland passes into France by Sea and from thence through Lorrain and through the midst of his Enemies Troops arrives at Landau where Count Mansfield who then made War in the Palatinate in his Right had a Garison where he discovered himself and from thence went to Germersheim where he was received with the general Applause of the whole Army This Escape of the King's Son-in-law confounded all the King's Measures which he had taken for him by the Marriage of the Infanta with his Son so that he was more alarm'd at it than at the Commons Remonstrance and Protestation tho he bore the Affliction with a much better Temper So all Wits were set at work how to get the Elector out of the Hands of Mansfield back again into Holland for now the Proceedings at Brussels upon the Peace were put to a full stop the Spaniards alledging they could not proceed in the Treaty so long as the King's Son-in-law was in the Hands of Mansfield their most inveterate and bitter Enemy It fell out luckily for the King's Designs tho unluckily for his Son-in-law's that Mansfield being worsted by the Spanish Arms in the Palatinate and the Elector Palatine fearing that Mansfield in the Adversity of his Affairs would make him a Sacrifice in giving him up to the Spaniard to make his own Terms the better was the more easily enveagled by the King's Agents to return again into Holland where the first News he heard was that Tilly had taken Heidelburg the Capital Seat of his Ancestors by Storm and Frankendal his next City reduced to Extremity by Cordua so that as Nani says fol. 188. King James who had published that his Son-in-law held that Country under his Protection was laugh'd at by all the World and forced to consent to a Truce for fifteen Months during which Frankendal and the rest of the lower Palatinate should be deposited into the Spaniards Hands to restore them to the King James if within that time there were not a Peace concluded King James having thus deposited his Son-in-law's Patrimony in the Hands of the Spaniards in the Low Countries now by the Direction of Buckingham not only the Dictator over the Kingdoms of England Scotland and Ireland but over the King himself and 't was feared more over the Prince upon pretence that the Earl of Bristol was too remiss in prosecuting the Prince's Suit at Madrid resolves to deposite the Prince in the Power of the Court of Spain there to remain as an Hostage till he can procure the Infanta to be his Spouse This was such an Adventure as Don Quixot never dream'd of in any of his that because the King the Prince his Father was poor at home and despised abroad therefore by making his only Son an Hostage in another King's Court where the Maxims both of Religion and State were directly contrary he should think to perswade the King of Spain to overturn all and also get such a Portion as was fourfold more than any Prince before had to enrich himself and to make War against the King of Spain or Emperor which the Spaniard esteemed all as one and also that the King of Spain should restore the Palatinate because the King knew not which way else
in Parchment for to perswade and encourage him in the Perversion of the Prince But how steady soever the Duke was in his French Garb in Spain and of Compliance with the Spaniard in the Popish Religion yet he was not so when he returned into England for then he turns quite contrary and assumes a popular Way and joins with the Prince and thereby over-ruled the King as they pleased and closed with the Nobility and Puritan Party opposite to Spain As you may read in Rushworth fol. 107. Nor was the Duke's Covetousness and sacrilegious Desires of robbing the Church's Patrimony less than his Hypocrisy in Religion for whilst he was in this Godly Fit he treats with Dr. John Preston Head of the Puritan Party how the King might seize the Dean and Chapter Lands as you may read in the Bishop of Litchfield's Life of Doctor Williams 1st Part fol. 202. After the Return of the Prince and Duke into England and Bristol left in Spain both contrive how to ruin the Earl of Bristol bound up with contrary Instructions and to dissolve the Prince's Match with the Infanta so solemnly sworn by both Kings and the Prince and could find no other Pretence to do it but by the King's Letter to the Earl of Bristol before he delivered the Powers for consummating the Marriage to procure from the King of Spain either by publick Act or under his Hand and Seal a direct Engagement for the Restitution of the Palatinate and Electoral Dignity by Mediation or Assistance of Arms but in regard this must be now insisted upon let 's see how this stood during the Treaty In all the Treaty for this Match the Restitution of the Palatinate was laid aside as Rushworth observes fol. 91. and my Lord of Bristol in his Defence against the Duke's or King's Charge fol. 302. says that his Instructions from King James the 14th of March 1621 were express that he should not make the Business of the Palatinate a Condition of the Marriage and that of the King 's of the 30th of December 1623 I think it was 1622 were fully to the same Effect But now the whole Treaty which was so solemnly agreed upon and sworn to by both Kings and the Prince and that the Marriage should be consummate within 10 days after the Dispensation came from Rome which it did about the beginning of December 1623 must be all dasht without the Restitution of the Palatine to his Country and Electoral Dignity which being perplext with such Variety of Interests as the Duke of Bavaria's having possest himself of the upper Palatinate and the Restitution of the Palsgrave being an Act of the Emperor and Empire was not in the King of Spain's Power Nay the Proxies left with the Earl would not admit of a Treaty in this Case for the Marriage was to be consummate within ten Days after the Arrival of the Dispensation from Rome The Earl of Bristol for not obtaining these new impossible and inconsistible Conditions is recalled from his Embassy and a new Treaty of Marriage between the Prince and the Princess Henrietta Maria youngest Daughter of Henry the Fourth of France is as suddenly set on Foot as that of Spain abruptly broke off and that by this time the King of Spain and the Earl had frequent Advice of the Prince and Duke's Designs to ruin the Earl The King of Spain therefore made a threefold Proffer to the Earl either to write to the King James and if need were to send a particular Ambassador to mediate for him to satisfy the Earl's Fidelity and Exactness in all the Treaty or to make him a Blank wherein the Earl should set down his own Conditions both in Title and Honour in Spain whereunto the Earl answered He was sorry and afflicted to hear such Language and desir'd they should understand that neither the King nor Spain were beholden to him For whatever he had done he thought fit to do for his Master's Service and his own Honour having no Relation to Spain and that he served a Master from whom he was assured both of Justice and due Reward nothing doubting but his own Innocence would prevail against the Wrong intended by his powerful Adversaries and were he sure to run into eminent Danger he had rather go home and cast himself at his Majesty's Feet and Mercy and therein comply with the Duty and Honour of a faithful Subject though it should cost him his Head than be Duke or Infantado of Spain and that with this Resolution he would employ the utmost of his Power to maintain the Amity of the two Crowns and to serve his Catholick Majesty and thirdly the King of Spain desired him in private to take 10000 Crowns to bear his Charges but the Earl answered one would know it viz. the Earl of Bristol who would reveal it to his Majesty King James Now if any Man can shew in any Authority antient or modern wherein a Treaty of this Nature was thus begun thus managed and thus broken off wherein a Noble Lady of highest Birth and noblest Fortune adorned with all the Excellencies of Beauty in her Person and the more excelling Virtues of her Mind in all the Perfections requisite in her Sex was thus baulkt and see her self made a Stale to advance the Avarice and covetous Desires of others he shall be my great Apollo So we 'll leave this Affair here and see what Comfort King James had of his Affairs elsewhere In the Year 1619 King James and the Dutch States entred into and concluded a Treaty of Trade between the English and Dutch in the East-Indies at this time and for many Years before the English had at Amboyna one of the Scyndae or Setibe Islands lying near Seran which had several smaller Islands depending upon it five several Factories two at Hitto and Lerico and two at Latro and Cambello in the Island of Seran but the principal of them was at Amboyna Amboyna was and is the principal Place in all the East-Indies where Nutmegs Mace Cinamon Cloves and Spice grow and from these Factories the English supplied not only England and Europe with Spice but Persia Japan and other Countries in the East-Indies The Treaty of Commerce between the King and the Dutch States was scarce three Years old when the Dutch in the East-Indies contrive how they may dispossess the English of the Spice-Trade which above all others is the best in the East-Indies at least which was then or now is known It seems says my Author William de Britain in his Treatise of the Dutch Usurpation fol. 14. that the English in all these Islands were better beloved than the Dutch and had built a Fortress in Amboyna for the Safety of Trade which the Dutch having two Hundred Soldiers there forced from the English and thereupon feigning a Plot between the English and Japonesses I think he means the Natives of Amboyna to betray the Fortress again to the English the Dutch with Fire and Water in an
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
Provision made for him The 6th is That if a Corporation maintain a Lecturer that he be not permitted to preach till he take care of Souls within the Corporation How this can be I don't understand unless the Lectu●er have a concurring or distinct Power from the Incumbent The 7th is That none but Noble-men and Men qualified by law may keep Chaplains Yet in your Religious Care you take no care how otherways they may subsist The 8th is That Emanuel and Sydney Colleges in Cambridg which are the Nurseries of Puritanism may be from time to time furnished with Grave and Orthodox Men for their Governors viz. Such as shall do the Arminian Work without any regard to the Statutes of the College All these Considerations must be taken for Acts of the Church of England and a Neglect or Breach of them sufficient for an Information in the High Commission where he is assured he shall shortly judg and therefore his Majesty in the 9th Consideration 〈◊〉 to countenance the High Commission by the Presence of some of the Privy-Council at least so often as any Cause of Moment is to be settled The 10th Consideration is That Course may be taken that the Judges may not send so many Prohibitions Which if they do from any of his Censures in the High Commission he will proceed against them by Excommunication Thus you see this Icarus is not only content to take a Flight out of his Diocess but over the whole Provinces of York and Canterbury in Ecclesiastical Affairs and extends it as he pleases over the Civil These were the Seeds which this Bishop planted while he was Bishop of London you may be sure he 'll reap a good Crop now he 's become Metropolitan of all England During the time of his being Bishop of London he was look'd upon as the Rising Sun which the flattering Students in both Universities worshipped but after he became Arch-Bishop the Learning of both Universities were Brawls about Arminian Tenents in the Schools and Sermons The Arminians treating their Opponents with all taunting and reproaching Terms and if their Opponents retorted they were had up into the High Commission where the Arch-Bishop presided assisted by his Ecclesiastical Judges and Ministers of the Prerogative Court and some of his Majesty's Privy-Council but I do not read of one cited for maintaining Arminian Tenents It 's scarce credible how the Business of this Court the Star-Chamber and Council-Table swelled and what cruel and unheard of Censures were made especially in the Star-Chamber against all sorts of People who did offend either against the King's Prerogative Royal or the Arch-bishop's Injunctions which must be obeyed as Articles of the Church of England The Thunder of them was not restrained within the Bounds of England but terrified almost all Scotland who were bitter Enemies to Arminianism At this time of day the Court-Bishops disclaimed all Jurisdiction from the King in Bastwick's Censure who was to pay 1000 l. Fine to be excommunicated debarr'd of his Practice of Physick his Books to be burnt and his Person imprisoned till he made a Reclamation and all this for maintaining the King's Prerogative against the Papacy See Whitlock's Memoirs The Bounds of England were too narrow to restrain this Man's Ambition and therefore before he had been two Months Arch-bishop viz. the 8th of October 1633. he advised the King 〈◊〉 make a Reformation in the Church of Scotland not by Confe●● in Parliament but by his Prerogative Royal the Beginning 〈◊〉 this Reformation must begin at the King's Chappel Royal whe● the English Service the Surplice and the receiving the Sacrament● is enjoined and that the Lords of the Privy Council the Lord of the Sessions and the Advocate Clerks Writers to the Priv● Signet and Members of the College of Justice be commande● to receive the Sacrament once every Year in the said Chappe● and the Dean to report to the King who does or who does 〈◊〉 obey and the Arch-bishop had a Warrant from the King to 〈◊〉 Correspondence with the Bishop of Dunblane and to communicate to him his Majesty's farther Pleasure herein And so we leave the Affairs of the Church here for a while and see how Affairs stood in the State since the Dissolution of the last Parliament In the last Parliament among many famous Members Sir Thomas Wentworth and Mr. Noy excelled Sir Thomas for his admired Parts and natural and easy Elocution Noy as a most profound Lawyer both zealous Patriots for the Rights and Liberties of the Subject And upon the 12th of February 1628. when the Debates for granting Tunnage and Poundage to the King was in the House of Commons Mr. Noy argued We cannot safely give unless we be in Possession and the Proceedings in the Exchequer be nullified as also the Information in the Star-Chamber and the Annexion to the Petition of Right for it will not be a Gift but a Confirmation neither will I give without the Removal of these Interruptions and a Declaration in the Bill that the King has no Right but by our free Gift if it will not be accepted as it is fit for us to give we cannot help it if it be the King 's already we do not give it So that these two must be reckoned among those Vipers which the King declared at the Dissolution of the Parliament and must look for their Reward of Punishment The Reward of Punishment which these two Vipers had was that Sir Thomas Wentworth was made Lord President of the North and Mr. Noy Attorney General Sir Thomas strained the Jurisdiction so high that it proved the Ruin of the Court and the Rise of the Fame of Mr. Edward H●de after Chancellour of England for the Speech he made in 1641 against the Abuses committed in it whilst Sir Thomas was President and Noy now he is become Attorney is become the most intimate Confident of the Arch-bishop and as forward in Informations in the Star-Chamber High Commission and Council-Table as Sir Robert Heath was who is made Chief Justice in the Common Pleas to make room for Noy to be Attorney General But while the King was erecting this new Principality over his Subjects which none of his Ancestors or Predecessors before his Father and himself ever pretended to in England it 's fit to look a little abroad and see how the Case stood there The Dutch the next Year after that his Father had given up the Cautionary Towns which Queen Elizabeth kept and delivered up to him by her Death well knowing the Poverty of King James and the ill Terms between the King and his Subjects took the Boldness to fish upon the Coasts of England and Scotland with their Busses and other Vessels guarded by Men of War in Defiance of him and now Grotius no doubt set on work by some of his Country-men perceiving how intent King Charles was in erecting his new Dominion over his Subjects that he became careless of all his Foreign Affairs took the Impudence to
to fish without Licence they punished them with Loss of Life and Limb and were obliged to repair to Berghen and pay their Duties into the King's Exchequer there as appears by the Danish Records and other Monuments preserved in England and this avowed to have been practised consantly time out of mind Ann. 1432. Afterwards upon the Marriage of James 3. of Scotland with Margaret the Daughter of Christian 1. of Norway the Rights of the Fishery upon Schetland was transferred to the King of Scotland and his Heirs Anno 1470. and William Walwed a Scots Lawyer c. 3. de Dominio Maris says That in the past Age after a most bloody Quarrel between the Scots and Hollanders about the Fishery the Matter was at last composed in this manner That in time to come the Hollander should keep at least eighty Miles from the Coasts of Scotland And if by Accident they were driven nearer by the Violence of the Weather they paid a Tribute at the Port of Aberdeen before their Return where there was a Castle built and fortified for this and other Occasions Dr. Stubbe says that Gerard Malinus a most inquisitive Person informed him That after the Agreement between the King of Scotland and the Hollanders that the Dutch should not fish within eighty Miles of the Scots Coast lest the Shoals of Herrings should be interrupted King James before his coming to the Crown of England did let the Fishing upon the Coast of Scotland to the Hollanders for 15 Years And if this happen'd in the Year 1594 when Prince Henry was born then in the Year 1609 the Term expired when King James by his Proclamation enjoined the Dutch which fished upon the Coast of Scotland to take Licences But certain it is that the Dutch to caress King James the more at the Christning of Prince Henry were his Godfathers and presented the Prince with 400 Ounces of fine Gold and a Deed sealed whereby the Prince was yearly to receive 5000 Florins out of Camp-vere Mr. Stubbe says pag. 131 I believe from Authors truly cited by him The King of Denmark receives at his Ward-House in the Sound one Dollar for a Licence and for the Seal or Rose a Noble of every Ship and for every Last of Herrings being 12 Barrels one Dollar In Russia many Leagues from the Main or Land the Fishermen pay great Taxes to the King and in most places none but the Natives are permitted to fish but where the Hollanders are permitted to fish they pay the tenth Fish to the Emperor The King of Sweden amongst the Regalities of that Crown hath that of the tenth Fish caught in his Seas or if not that a Composition for the Fishery he has also several Districts Channels or Veins Royal in his Seas which are appropriated to his particular Use Nor is there any Fishing permitted in the open Seas there but by Leave and Direction of the Governour of the neighbouring Ports And Page 132 he says the same is practised by the King of Portugal in the Kingdom of Algarsues and the Natives pay a certain Tribute for their Liberty to fish And in Spain the Duke de Medina Sidonia does rent out of the Maritime Jurisdiction what he hath in reference to Fishing for 80000 Ducats of yearly Revenue Has not Grotius a fruitful Brain to find out those Usages by Princes and States in all Ages to be Usurpation against natural Right which lib. 1. sect 10. tit 5. de jure Belli Pacis is immutable by God himself and which never any Man before presumed to question But before we enquire into the Causes from which Grotius assumes to himself a Power which he denies to be in God Almighty let 's see how the Case stood with the Dutch when Grotius wrote his Mare Liberum both at home and abroad Tho the Seas were free Jure naturali as Grotius says yet I have seen a Dutch Placart printed the Year before Grotius wrote his Mare Liberum viz. 1632 and which Grotius might have seen as well as I wherein the States prescribe when and where the Dutch shall begin and proceed in their Fisheries and wherein they forbid the Use of French Salt in all their Fisheries and that Salts used in all of them shall be three times revised in three several Offices upon Penalty of Forfeiture of Fish and Salt which by Grotius's Doctrine is an Usurpation of the Natural Right which every Man has in the Sea and immutable by God himself Dr. Stubbe Page 132 says That the Fishermen in one Year paid the States 300000 l. for the Herrings and Codfish taken upon the Coasts of England and Scotland besides the tenth Fish and Cask paid for Waftage which comes at least to as much more which are Duties proper to the Kings of England and Scotland So that if what the Kings of England ever claimed by immemorial Prescription be an Usurpation against natural Right by Grotius's Doctrine I would be willingly informed by any of Grotius's Disciples by what Right then do these new States impose these things upon the Dutch who fish in these Seas If the Sea be free Jure naturali let any Man shew a Reason how the Dutch erect their East-India and West-India Companies only to trade in the East-Indies Africk and the West-Indies exclusive to the rest of the Dutch without a Violation of the natural Right of the other Dutch which Grotius says is immutable by God As Grotius's Title Mare Liberum is absurd and contrary to the Practice of his Country-men so his Manifesto of it is not less arrogant and intolerable viz. To the Princes and free People of the Christian World without so much as the Addition of sending greeting An Arrogance which no Pope ever assumed yet done by Grotius an exotick and proscribed Traitor for raising Arms and endeavouring to subvert the establish'd Church and State of his native Country The Topick whereon he founds his Manifesto is general and such as no Thief or Rogue ever pleaded to save their Lives viz. It is an Error not less old than pestilent which many Mortals but those especially who most abound in Wealth perswade themselves that Just and Vnjust is not distinguished by its own Nature but by an empty Opinion and Custom of Men and that all Right is to be measured by the Will and the Will by Profit But who these are who maintain these Opinions Grotius names none if they were his Acquaintance which I believe none of the Kings or Free People were except his Country-men were he should have convinced them to their Faces and not sneakingly have cavill'd at them behind their Backs I say I find this by no Nation or People so much practised as by the Tripolins Tunis Algier and Sally-men and his Country-men as will appear And if this will not oblige all Christian Princes and Free People to abandon all their Rights of Dominion to the Seas whereof they have been possessed by immemorial Prescription and leave all free for the
how to erect a High Commission Court in Scotland by the King's Authority without Consent in Parliament for proceeding against such as would not submit to the Common-Prayer Book and Canons enjoined by the King and Bishops of Scotland and upon the 28th of February the Arch-bishop consecrated Dr. Manwaring Bishop of St. Davids a worthy Successor to so Saint-like and pious a Predecessor for this Bishoprick was Laud's first Preferment You have seen his Grace of Canterbury's Temper towards the King's Subjects now see how it was towards the King His Grace being as high as England could admit viz. Metropolitan and first Peer thereof would visit both Universities by his Metropolitan Right and not by Commission from the King and signified so much to both to which both answered That to admit it without a Warrant from the King was a Wrong to the Vniversities his Grace was Chancellour of Oxford and the Earl of Holland of Cambridg The Cause came to a hearing before the King and Council the 21st of June 1634 where the Attorney General Banks was for his Grace against the King Mr. Gardener the Recorder of London ●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
Fleet and an Army in readiness to compel the Covenanters to Obedience but not to consent to the calling of a Parliament or General Assembly till the Covenant be given up that now his Crown and Reputation for ever lies at stake that he had rather suffer the first which time would help than the last which is irreparable that the Explanation of the damnable Covenant makes him to have no more Power than a Duke of Venice which he will rather die than submit to Yet without dying he did submit to the Revocation of the Service-Book Canons High-Commission and the Articles of Perth forsakes the Bishops and by a Proclamation Sept. 22 1638 commands the Covenant to be subscribed by the Privy-Council and all his Scotish Subjects but this would not content the Covenanters because it came not from a General Assembly and because the Band of mutual Defence was not in the Proclamation Having gone thus far there was no going back and the King's Army and Navy was not yet ready the King therefore indicts a General Assembly to be held the 21st of November 1638 at Glasgow and a Parliament to meet at Edinburgh the 15th of May following The General Assembly met accordingly but the Marquess and the Assembly were at Variance about the Elections and Votes of the Lay-Elders and the Bishops sitting in the Assembly and the Votes of the King's Assessors in it But what the Marquess would have the Covenanters would not whereupon the Marquess on the 28th dissolves the Assembly upon Penalty of High-Treason The Covenanters and General Assembly protest against this Dissolution and sit notwithstanding yet profess all Duty and Obedience to the King in its due Line and Course which in plain English is They 'll do what they will and if the King will do what they would have him they will be obedient Subjects And in this Session they depose and excommunicate all the Bishops of Scotland To this State within less than two Years has his Grace of Canterbury brought the Church of Scotland and a terrible Cloud hangs over that of England whereby his Grace will have the Glory of becoming a Martyr in it Weston Earl of Portland died in the Year 1634 and Dr. Juxton Bishop of London was made Lord-Treasurer by whose prudent Management it 's said that in less than five Years he had lodged 900000 l. in the Exchequer and now the King had raised an Army of about 20000 Horse and Foot made the Earl of Arundel General Lord Viscount Wentworth Lieutenant-General and Earl of Holland General of the Horse and had fitted up a Navy with 5000 Land-Men commanded by Marquess Hamilton to compel the Scots to their Obedience and marches at the Head of this Army himself It was time for the Scots were up in Arms too had seized the Regalia at Dalkeith and brought them to Edinburgh taken Dumbarton and routed the Scots who took the King's part at Aberdeen which they likewise took This King 's good Nature never more appeared than in his Necessities so that when he came to York by Proclamation he recall'd 31 Monopolies and Patents formerly granted by him he not before understanding how grievous they were to his Subjects The Scots that the English might have no Jealousy of an Invasion had resolved not to come within ten Miles of the Borders with their Army When the King came to Berwick the Earl of Holland made two vain and inconsiderate Incursions into Scotland and upon the Approach of the Scots retreated and these were the only Actions of this War by the English Upon the Retreat of the Earl the English Army was contemned by the Scots who advanced to the Borders and pitched their Tents in sight of the English before any notice was given of their Motion this raised a Murmur all over the English Army where Provisions were not only scant but their Bread and Biscake mouldy nor was there any prospect of a further Supply However the Scots propose a Treaty of Accommodation which the King's Necessities compell'd him to submit to which being made the Terms you may read in Rushworth's and Franklin's Collections the King disbands his Army and withdraws his Navy this was all the Scots cared for for the Treaty being upon equivocal Terms the Scots were resolved to make their own Interpretation and stand by it and to that purpose hold Correspondence with the French King and stile him Au Roy and also with the discontented in England and buy Arms and Ammunition at Bremen and Hamburg To forment these Jealousies and propagate the Popish Interest Cardinal Richlieu employs one Chamboy or Chamberlain in Scotland and Con or Cunaeus his own Chaplain in England whose chief Confidents were the Earl of Arundel General of the King's Army and his Countess Sir Francis Windebank Principal Secretary of State Sir Toby Mathews Endymion Porter English and one Read and Maxwel Scots See this at large in Rushworth's Collections fol. 1318 1319 1320 1321 to 1326. This Year my Lord-Keeper Coventry died and Sir John Finch Chief-Justice of the Common-Pleas was made Lord-keeper of the Great Seal no doubt for promoting the Legality of Ship-money and enlarging the Bounds of the Forests The Cloud rising so thick in the North presaged a Storm which to dissipate the King summons a Parliament to meet the 23d of April 1640. the Arch-bishop and the Earl of Strafford giving out according to the Advice which Sir Robert Cotton gave the Duke of Buckingham that they were the first Movers of it At the opening of this Parliament the King lays before them his Necessities for Money in the first place as he had done in all the three Parliaments before and that Delay was all one with a Denial and communicates to them the Covenanters Letter to the French King imploring his Assistance But the House of Commons having found the Effects of giving Money before Grievances were redrest both in the 18th of his Father's Reign and in the first of his began at Grievances now multiplied by the Additions of Ship-Money breaking the Bounds of the Forests and Monopolies multiplied without end the Arbitrary Power of the Star-Chamber and High-Commission against those who opposed the Proceedings of the Innovations brought into the Church and the Imprisonment and unheard-of Censures of their Members for their Proceedings in the House last Parliament so that instead of enjoying any Benefit by the Petition of Right the Church and State was in a manifold worse State than before they had now found by Experience that no Laws or Judgments in Parliament could bind the King's Prerogative but that he would act quite contrary as in the Cases of Mountague and Manwaring c. and how could the Parliament rely upon his Royal Word which he would upon all occasions give when they found no Assurance in any Law nor so many Declarations of his observing them However the Commons upon the 2d of May resolved to take care of supplying the King upon the 4th when Sir Henry Vane
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 ●●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
Name originally was not Cromwel but Williams and the Name of Cromwel was by this Accident When Cromwel Earl of Essex fell in the Reign of Hen. 8. he had Cromwel's Ancestor in his Service who was a Person of lively Parts and industrious in Business which Hen. 8. observing took him into his Sereice but upon all occasions call'd him Cromwel and the King being ask'd the Reason answer'd He call'd him so in Cromwel's time and would continue to call him so still and this continued down to Sir Oliver's and our Cromwel's time Our Oliver being of a turbulent and aspiring Disposition his Father 's contracted Fortunes could not support his Extravagancies whereby he was like to have fallen into those Troubles which usually attend such Follies and to prevent them he sets up for new-New-England where he becomes a most zealous Promoter of their Cause But this could not long continue him there for in their first planting themselves they were poor so as he could not find Means and Opportunity to support his Extravagancies and so back he came again into England About the Year 1638 the Undertakers to drain the Fen-Lands in Lincolnshire and the Isle of Ely set up this Undertaking was mainly opposed by the Town of Cambridg fearing it would spoil their Navigation between Cambridg and Lyn-Regis whence Cambridg was supplied with Sea-Coal Wine and other Provisions When the Writs were issued out for calling the second Parliament in 1640 Oliver sets up to be chosen Burgess for the Town of Cambridg assuring them that if he were chosen he would make it his Business to overthrow the Project of draining the Fens But tho by this Project he got to be chosen yet after he became Protector he most industriously promoted the Project of draining the Fens But tho Cromwel was of a turbulent and aspiring Spirit yet before the Civil Wars broke out in England he was not conversant in any Military Discipline nor indeed of any other Learning or just or lawful Calling His Person was of a robust and coarse Complexion his Face red so was his Nose I fancy like the Roman General Sylla's great and straked with blew Veins In promoting his Cause and Interest he was most industrious and indefatigable These Qualities were observed and feared by some both of the King 's and Parliament's Party before they came to be publickly known and put in Execution I 'll give an Instance or two hereof When the King summoned the Members of Parliament of his Party to meet at Oxford in January last Williams Arch-bishop of York was likewise summoned with whom the King privately consulted what Course was best to be taken in the present Circumstances of his Affairs the Arch-bishop advised him by all means to come to an Agreement with the Parliament for since the Scots were come into England in such numerous Armies and the English of the Parliament's Party in these two last Years having acquired a Military Knowledg it would in all appearance be impossible for the King long to withstand their Forces but above all he advised the King to get Cromwel over to his side if possible otherways to take him off by any means or he would be the King's Ruin as you may read more at large in the second Part of the Bishop of Litchfield's Life of Williams Nor was Cromwel less terrible to the Earl of Essex and the Scots Commissioners than to the King's Party so that one Evening the Earl and several of his Confidents viz. Mr. Hollis Sir Philip Stapleton and Sir John Meyrick and others with the Scots Commissioners were in Consultation how to get rid of Cromwel and sent to Serjeant Whitlock and Maynard about it who came and Essex told them that he sent for them to have their Advice and Counsel upon a Matter of great Importance concerning both Kingdoms in which the Lords Commissioners of Scotland are concerned for their Kingdom as we for ours and they as well as we know your Abilities and Integrity and are desirous of your Counsel in this great Business which both the Serjeants promised faithfully to give But here take notice That as the English Parliament call'd those who were opposite to them Malignants so the Scots call'd those opposite to them Incendiaries At the Desire of Essex the Chancellor of Scotland Lowden spake as followeth Mr. Maynard and Mr. Whitlock I Can assure you of the great Opinion both my Brethren and self have of your Worth and Abilities else we should not have desired this Meeting with you And since it is his Excellency's Essex his Pleasure that I should acquaint you with the Matter upon whilk your Counsel is desired I shall obey his Commands and briefly recite the Business to you You ken vary wee le that Gen. Lieutenant Cromwel is no Friend of ours and since the Advance of our Army into England he has used all under-hand and cunning Means to take off from our Honour and the Merits of this Kingdom an evil Requital of all our Hazards and Services but so it is and we are nevertheless fully satisfied of the Affections and Gratitude of the gude People of the Nation in general It is thought requisite for us and for carrying on the Cause of the twa Kingdoms that this Obstacle or Remora be removed out of the way whom we foresee will be no small Impediment to us in the gude Design we have undertaken He not only is no Friend to us and the Government of our Church but he is also no well-willer to his Excellency whom you and we have all Cause to love and honour and if he be permitted to go on this way it may I fear endanger the whole Business therefore we are to advise of some Course to be taken for Prevention of this Mischief You ken vary wee le the Accord betwixt the twa Nations and the Vnion by the solemn League and Covenant and if any be an Incendiary between the twa Nations how he is to be proceeded against Now the Matter is wherein we desire your Opinions what you take the meaning of the Word Incendiary to be and whether the Lieutenant General be not sike an Incendiary as is meant thereby and whilk Way wad be best to proceed against him if he be proved sike an Incendiary and that we may clepe his Wings from soaring to the Prejudice of our Case Now you may ken That by our Law in Scotland we clepe him an Incendiary wha kindleth Coals of Contention and raiseth Differences in the State to the Publick Damage and he is Tanquam Publicus Hostis Patriae Whether your Law be the same or not you ken best who are mickle learned therein and therefore we desire your Judgment in these Points Mr. Whitlock answered first and after a short Preface said The Sense of the Word Incendiary is the same with us as your Lordship has expressed to be by the Law of Scotland One that raiseth the Fire of Contention in a State that kindleth burning hot Flames
has not now one Ship to command One would think the Covenanters had their Game sure enough now those in Scotland had got rid of Montross and full of Money and those in England had got the King in their Power and the King's Army utterly subdued and both Kingdoms united into one solemn League and Covenant so that both may sing their Requiem for many Years But see the Instability of Human Affairs where they are not founded in Truth and Righteousness for the Scots Directory Catechism and Government sorted as ill with the English Genius as Laud's Liturgy Canons and High Commission did with the Scots and the rigid Execution of them as insolent and tyrannical as the Proceedings in the Star-Chamber and High-Commission and these being general equally offended all and tho the Cavalier Party being under the Hatches said little yet the Brawls and Invectives between the Presbyterians and other Parties were as fierce as between the Arminians and Orthodox in Laud's time so that things were not like to continue long at this rate The Parliament having the King now in their Power the Scots gone yet Ireland I mean the English Interest in it in a very deplorable State and being apprehensive of the Temper of the Army whose Principles were Anti-Presbyterian and that they might in some measure ease the Countrey of maintaining the whole Army resolved that 12000 of the Army should be sent over into Ireland to be commanded by Major General Skippon and 6000 Horse 2000 Dragoons and 6000 Foot to be kept up in England and commanded by Sir Thomas Fairfax Cromwel was aware of what the Members designed and the Members were as jealous of Cromwel and therefore would not dispense with the Self-denying Ordinance that he should be in the Army however Cromwel had his Agents in it and by the Ministers and other zealous Independants foment their Jealousies that the Parliament designed to disband them without Payment of their Arrears and in this Ferment they chose two out of every Regiment which they called Adjutators to whom they gave Power to hold Councils and judg what was fit to be done for the common Good These Adjutators were called Levellers who cried up Liberty and the Power of the People and assumed to themselves a Power in their Councils above what the Colonels claimed The Proceedings of the Adjutators startled the Parliament and in a great measure the Colonels and Officers of the Army so that unless Cromwel did appear in the Army and by his Authority did restrain the Licence which the Adjutators assumed they sat very loose in their Places Cromwel knew this as well as they and that the Adjutators struck at his Authority as well as the Officers so that when there was a Debate in the House of Commons how to suppress the Adjutators Cromwel professed and called God to witness That he was certain the Souldiers would at the first word of his Command if he were among them throw down their Arms at the Parliament's Feet and solemnly swore that he rather wished himself and his whole Family burnt than that the Army should break out into Sedition And the House had so little Wit as to believe him and so sent him down to appease the Army Hereupon Cromwel order'd a general Muster of the Army upon Hownslow-Heath where the Army was divided and the Levelling Party refused to come under Cromwel's Command whereupon Cromwel sent to the Levellers to send some to treat of their Grievances which they did and when they came Cromwel with an undaunted Boldness pistoll'd three of the most forward of them and seized the rest and then the Levelling Part of the Army submitted The Sectaries of which the Army was composed tho they had the Sword in their Hands yet had no face of Authority to recur to the Presbyterian Members in both Houses being three to one they therefore send Cornet Joyce with a Party of Horse to Holdenby who the 4th of June 1647 which was in less than four Months after the Members had brought the King thither take the King out of the Parliament-Commissioners Power and keep him in the Army And now this poor Prince for so he may be truly called since he who before by his absolute Will and Pleasure would take his Subjects Estates has now no Power to get his own is fallen into the Hands of another sort of Flatterers than in the former yet these intended him no more good than the former viz. only to gratify their Ambition Avarice and Treachery by making use of the King's Name These seem to lament the hard Conditions the Members impose upon him not only in his Liberty but in keeping him from his Children and Friends and allow him both professing they would never lay down Arms until they had put the Scepter into his Hands and procured better Conditions for his Friends In order hereunto they seem to join the King's Interest with theirs and in their Declaration for Redress of Grievances declare for the King and People and that the Members prefix a certain time for their sitting so that a new Parliament may be called and thereby the Nation settled upon sure Foundations Here you may observe a new Face of the Parliament's Affairs quite inverted for the Army were as much in love with their being so as the Parliament was of their sitting And now the Army which was rais'd only to do the Parliament's Journey-work would only allow the Members a certain time for their sitting And because Denzil Hollis Sir Philip Stapleton Sir William Lewis Sir John Clotworthy Sir William Waller Sir John Maynard Major General Massey Mr. Glyn Colonel Walter Long Colonel Edward Harley and Mr. Ant. Nichols were the leading Men in the House of Commons for establishing the Covenant and disbanding the Army the Army charge them with High-Treason the Charge against them was Cant after the Mode of the Times That they obstructed the Business of Ireland to have acted against the Army and against the Laws and Liberties of the Subject and were Obstructers of Justice Here you may see into what a Labyrinth of Distraction and Confusion Men run when they forsake the ways of Justice and Righteousness For when Mr. Hollis and Colonel Long 4 Car. were imprisoned for performing the Trust reposed in them by their Country they had the Testimony of a good Conscience for their Support and the known Laws for their Protection and here they knew what to trust to and so they insisted upon the Laws and by them in due time were delivered from their Imprisonment but now the Laws and Constitutions of the Nation were broken down and they charged at random by the Army they had no Defence to recur to but for Safeguard fled beyond Sea What became of Colonel Long I cannot tell but Mr. Hollis never return'd till after King Charles the Second's Restoration and Sir Philip Stapleton being suspected to have the Plague was shut out of Calais and 't was said dy'd in a Ditch
and in September appoint a Conference with the King at Newport in the Isle of Wight to continue for 40 Days and to that purpose take the King out of Prison and allow him the Liberty of the Island and the King upon the Matter with Reluctancy enough grants the Scots and Members their own Demands But neither the Laws and Constitutions of the Nation nor the Endeavours of his Loyal Subjects nor the joint Desires of the Scots and Members who had brought the King to this Condition could protect this unhappy Prince from his approaching Ruin for the Army every where victorious over the Scots and Royalists draw together and make a Remonstrance against all Peace with the King that Justice may be done upon him that the Crown and Church-Lands be sold to pay their Army and that the present Parliament be dissolved and another called which they present to the Members the Twentieth of November And herein Cromwel and his Son-in-law Ireton were the principal Promoters But the Members were intent upon the King's Answer to their Propositions and laid aside the Army's Remostrance which they take as a slighting of them and then seized the King in the Isle of Wight and make him Prisoner in Hurst-Castle an unhealthy Place and march to London pu●●●● Garisons into Whitehall Noble-Mens Houses and posted themselves about the Palace Yard Notwithstanding the Member●n●● upon the first of December and vote the King's Concessions to be a sufficient Ground for a Peace and then adjourn for a Week But when the Members were to meet again they found all the Avenues to the House beset with Soldiers who exclude all which were not of their Faction from entring the House which were not one fourth part and make the Residue Prisoners So that if the Mayor Sir John Gage and the Aldermen his Brethren were guilty of High Treason for committing a Force upon the Parliament viz. for continuing the Militia of London in the City the Year before how much more was it High-Treason in Cromwel and his Agents to keep back by Force three Fourths of the Members from entring the House and making them Prisoners that the Rumps of the rest might do his Journey-work So farewel Presbytery and all the Scotish Trumpery in England nor shall these secluded Members ever meet more but to dissolve themselves and make room for another Parliament which shall legally persecute them and their Solemn League and Covenant as much as they by it persecuted the King and their fellow Subjects against Law Nor was Presbytery much longer liv'd in Scotland where they shall never see it restored by this now Race of Kings which shall plague them with the Exercise of Archbishops and Bishops which by their Covenant they are sworn to abolish and cut off the Head of the principal of their Faction allowing them as little place for the Exercise of Presbytery as they now do the Episcopal Party Having tho but in Epitome seen the various Accidents in War whereby the King came to be in this Distress before we declare his End and the manner of it it 's fit in short to take notice of the several Treaties of Peace between the King and Parliament and the Improbability of the good Success in any of them The first Propositions for Peace which the Parliament sent to the King was June the 2d when the King was at York before the War broke out which were Nineteen which you may read at larger in Sir Richard Baker f. 518. a. b. In these Propositions no mention is made either of the Scots Covenant or abolishing Episcopacy yet some of them were so inconsistent with Monarchy and Arbitrary in the Parliament as the King in Honour and Conscience could not condescend to them I say the King could not in Honour or Conscience condescend to the 9th Proposition 15 and 16 Propositions to settle the Militia as the Parliament have ordered without the King That all Forts and Castles of the Kingdom be disposed of by the Parliament viz. The Houses and that the King discharge all his Guards and Forces and not to raise any but in case of actual Rebellion But how could this be done by the King when the Militia and Forts of the Kingdom were in the Power of the Houses So here the King who by Virtue of his Office is obliged to preserve the Laws and Constitutions of the Nation and to suppress all Disturbers of them at home and to defend the Nation from all Foreign Invasion has no means to do any of them Objection But the King had so often violated the Laws and Constitutions of the Nation by being armed with these Powers that the Nation could be in no Safety if they were continued in him Answer It 's true the Nation was in a very calamitous Estate herein But if the Members had only made it their Business how to have restrained the King herein and to have preserved the Laws and Constitutions of the Nation it would have had another Face than now when the Members are setting up themselves to do the same thing which they feared the King should act I say the King could not in Honour or Conscience agree to the 13th Proposition That the Justice of Parliament viz. the Members should pass upon all Delinquents and they to appear and abide by their Censure For Delinquent is a Word unknown to our Laws and so equivocal that it may signify whatever the Members pleased So that if the King had agreed to these Propositions he would have been a King that could neither have executed Justice nor shewed Mercy and the Houses have an unlimited Arbitrary Power to do whatever they pleased To the Propositions the King returns a sharp Answer That the Houses contrary to Law had pressed their Ordinances upon the People wrested from him the Command of the Militia countenanced the Treason of Hotham and had directed to the People Invectives against his Government and asperst him with favouring Papists and therefore protested that if he were utterly vanquished and a Prisoner in a worse Condition than any of his most unfortunate Predecessors had ever been reduced to he would never stoop so low as to grant these Demands and to make himself of a King of England a Duke of Venice But when the Covenanters in Scotland sent their Proposition to his Majesty he returned Answer he would rather die than submit to them and from a King of England make himself a Duke of Venice Yet the next Year of his own Accord went into Scotland and by Act of Parliament granted the Covenanters all they desired which yet perplext all the subsequent Treaties of Peace in England and more as the Case now stood The next Treaty was at Oxford in the beginning of 1643 which broke off the 15th of April and nothing agreed to upon this Score The Parliament Commissioners gave such Reasons for the King to assent to one of the most material Points of the Treaty that the King assented to it but
and sure never was there such a Generation who so impudently out-braved Truth and all that may be call'd Sacred If you could force a Belief into them they first told you they fought for King and Parliament then they declared for the King and People against the Parliament and now they have taken off the King if you will have any Benefit of their Protection you must engage to their Government without King or House of Lords and be content with a piece of the Commons call'd the Rump Not content with the Death of the King the Rump proceeds to abolish Monarchy and place the original Power of Government in the People whose Representatives they are if you 'll take their Word and voted it High Treason to restore Monarchy or to assist or pray for Charles Stuart or any of that Line overthrow the King's Statue with an Exit tyrannus Regum ultimus Nor are they satiated with the Blood of the King but erect another High Court of Injustice whereof one Lisle an ignorant Fellow was President who condemns the Marquess Hamilton Earl of Holland and Lord Capel for raising Arms against the Parliament which themselves had destroy'd But tho the Rump and Army were establish'd upon these strange Principles yet being the Instruments of Divine Vengeance like a Torrent broke loose from raging Seas in less than five Years time they overwhelm not only England but Ireland and Scotland almost pull'd the Dutch States up by the Roots and made France and Spain tremble But that we may observe what follow'd let 's see what went before The Scots were the first who invaded England against the King to impose their Solemn League and Covenant which was more against the English Laws and Constitutions than Laud's Service-Books Canons and High-Commission were against the Scotish In July last the Scots invaded England commanded by the Marquess Hamilton in August Cromwel routs and utterly overthrows this Army and takes Hamilton Prisoner So the Scots who began these Wars first are the first chastised by this English Army But this is but the Earnest of what shall follow The secluded Members who first join'd the Scots beginning first with an equivocal Protestation but after downright joined with the Scots in their Covenant are now not only turned out of the House by the Rump but kept in nasty Prisons till they became as little dangerous as The House of Lords The horrid Irish Massacre and Rebellion succeeded in the third place And now the Rump having established themselves by subduing of the Scots under Hamilton and deposing the secluded Members are laying Rods in Piss to scourge these abominable Irish But before we proceed let 's see how things stood in Ireland In October 1641. the Irish Massacre was which succeeded in a Rebellion in which Richlieu's Scarlet was as deep dyed as in the Scotish and English Commotions The Head of this accursed Crew was John Baptista Pennuncio the Pope's Nuncio who in his Passage through France threatned he would suffer no Man to live in Ireland that wished well to the King or to the English Affairs Thus you see how all the Factions conspired against the King the Laws and Constitutions of England But for these last seven Years viz. so long as the Distractions were continued in England the War was pursued but by halves in Ireland King Charles in his Life-time had made the Marquess of Ormond Lieutenant of Ireland who in 1643 made a Truce with the Irish that the King might make use of the English in England But the Irish kept their Faith no better in it than the Scots had before with the King in the Peace in 1639. For on a sudden they rise against the Marquess now the English are sent into England and had surprized him if he had not been informed before and escaped into Dublin and being in no Condition to defend it but obliged to deliver it up either to the English sent by the Parliament or to the Irish he gave it up to the English who make Colonel Jones Governour and so Ormond leaves Ireland After the Marquess was withdrawn the Nuncio behaved himself like a Church-Man with such a Despotical Tyranny that he became intolerable even to the Irish themselves who being press'd by Jones Coot and Monk combine in a Body and send to the Queen and to the Prince of Wales for then the King was close Prisoner in the Isle of Wight to return the Marquess of Ormond and they would submit to his Authority and join to expel the Scots and Parliament's Forces The Nuncio taking this for an Affront to his Authority being that of the Apostolick See which is infallible threatens Excommunication to them who should not obey him but neither he nor his Excommunication were obey'd but was forced to Capitulate with the Irish themselves to procure his Departure which was as shameful as his Entrance was proud and insolent Upon the Marquess's Return he enter'd into most dishonourable Articles with the Irish which yet would not please Owen Ro Oneal who join'd with the Parliament's Forces and reliev'd Londonderry then besieg'd by the Lord Ardes After this Pacification with the Irish such as it was Ormond raises a numerous Army and by my Lord Inchiqueen routs a Party of Jones's going to Drogheda who takes the Town and Dundalk Green-Castle Newry and Trim and returns Victorious to the Marquess Hereupon the Marquess besieges Dublin but unfortunately sends my Lord Inchiqueen into Munster with if not the greatest the best part of the Army Jones falls upon the Remainder and utterly routs them This was in August 1649. And the same Month Cromwel lands at Dublin with an Army of 15000 old Soldiers Upon this Disaster the Irish no more to be reconciled to the English than the Scots Covenanters to Episcopacy quarrel with the Marquess which was never after composed So the Marquess left Ireland again leaving the Earl of Clanrickard Deputy Cromwel after his landing first storms Drogheda or Tredah with a most terrible Execution and after in less than one Year all Ireland upon the matter is reduced to the Obedience of the Rump who take dreadful Vengeance upon all the Irish who could be found to have had any hand in the Massacre of the English The King Charles II. having lost England and Ireland with all their Dependencies except the Isles of Guernsey Jersey Man and Scilly and the Plantations in America which shall soon follow set up for Scotland and makes the Marquess of Montross his Commissioner who having got together about 400 Swedes Danes Poles and Germans lands them at the Wick of Cathness in April 1650 and takes Dumbeath But Lesley having sent Major-General Straughan with 300 choice Horse he set upon this ill composed Body of Montross and utterly routs them Montross fled but was betrayed by the Laird of Aston who had formerly served him The Covenanters to shew their Clemency and Humility bind the Marquess in a Chair planted backwards on a Cart that all
Men might see him the Hangman with his Hat on riding before and upon the 28th of May 1650 by a Sentence pronounced the Day before by the Lord Lowden was hanged upon a Gibbet 30 Foot high at the Cross of Edinburg for three Hours after which he was quarter'd and his Head set upon the Talbooth and his Legs and Arms over the Gates of Sterlin Glasgow Dundee and Aberdeen But see the Piety and Commiseration of these humble People They order in the Sentence that if he repented so that his Excommunication should be taken off the Trunk of his Body should be buried in the Grey-Friars otherwise in the Burrough-Moor the Common Burial of Malefactors But Vengeance shall soon overtake these cruel Proceedings For the Kirk sore afflicted for their deposed Brethren in England now in nasty Prisons whereby Heresy Schism and Profaneness raged and the Throne of Presbytery was defaced but being unable of themselves to restore their Brethren before Montross's Death had agreed to have the King proclaimed King of Scotland England France and Ireland yet so as to take the Solemn League and Covenant to give Signs of Sorrow and Repentance for his Father and Mother's Sins and banish and turn out of his Court all who had not taken the Covenant or taken up Arms for his Father But the Kirk could not have found a Plant so unlikely to produce the Fruit of Repentance or to establish the Throne of Presbytery as this King However they 'll try what 's to be done and to this end send Commissioners to treat with the King at Jersey not yet reduced by the Rump and a Treaty is agreed to to be at Breda in Holland The King was perplex'd what to do for to be a King in Fact he desired above all things but to forsake his Mother and Father's Friends was grievous to him and to come to the Stool of Repentance was full sore against his Will Yet to be a King as a Man does for a Wife he forsakes Father Mother and his dearly beloved Friends and comes to Breda There the News comes of Montross's tragical Defeat and Execution which had like to have spoil'd all but over Shooes over Boots on he goes having submitted to all the rigid Terms the Kirk-men imposed upon him And in June 1650 arrives in Scotland to be anew instructed in the Discipline of the Kirk The Rump in the mean while were not idle you must think for having spued up Presbytery in England they scorn'd to chew the Cud of it from Scotland and therefore Fairfax having refused to command an Army against the Scots they send for Cromwel out of Ireland by this time is good as reduced by him and declared him General of all the Forces of England Scotland and Ireland who about the latter end of June 1650 enters Scotland with a well-disciplin'd rather than a numerous Army and having taken many Places of small moment and often beat the Scots in Skirmishes upon the 3d of September utterly overthrows the much more numerous Kirk-Army at Dumbar commanded by their old General Lesley 3000 Scots killed 9000 taken Prisoners all their Baggage and Ammunition and above 200 Colours which as Trophies were hung up in Westminster-Hall where the English and Scots had before taken such Pains and Care to unite both Nations in their Solemn League and Covenant Whilst these things were doing the Kirk at Edinburg were close at their Devotion hourly expecting the Feet of those which should bring the glad Tidings which were at hand when Lesley the same Day brings Tidings of their utter Overthrow Now was all their Joy turned to Lamentation and Wo and the Songs of Sion are like to be sung in a strange Land To augment these Miseries the King who could not submit to the rigid Discipline of the Kirk runs from Schole to the House of the Lord Dippon intending for the Highlands where he might go to School with more Liberty Now all is in a Hurlyburley After the King runs Montgomery from the Kirk promising the King if he would return the Kirk would remit part of their Discipline upon which the King returned to St. Johnstons The King thus returned did not please the Kirk-men for being beaten by the English they rail against those that called the King in too hastily before he had given Marks of his Repentance and Conversion to God and that it was not lawful for any who were truly Godly to take up Arms for him and for the Advancement of the Kirk made Kerr and Straughan Generals of the Kirk-Forces But Straughan runs to Cromwel and Kerr is utterly defeated wounded and taken by Lambert Whilst these things were thus doing in Scotland let 's see what was doing in England In January this Year the Rump erected a High Court of Justice whereof one Keeble an ignorant Petty-fogging Lawyer was President in Norfolk upon pretence of an intended Insurrection for bringing in of the King where 24 were condemned and 20 executed whereof one Mr. Hobbard Brother or near Kinsman to Sir John Hobbard who after married Cromwel's Niece and Widow of Col. Hammond was one And in March following the Rump erected another High Court of Justice which condemned Sir Henry Hide for taking the King's Commission to be his Ambassador at Constantinople The Kirk-Party now lose their Reputation they had nothing left but to preach and pray and rail and now the Parliament and General Assembly take in all who will take the Covenant but all to no purpose For Cromwel having taken Edinburgh Town and Castle Jedworth Reslan and Tantallon Castle sends Overton and Lambert in Boats over the Frith who rout Sir John Brown and Major General Holborn kill 2000 of their Men and take 1200 Prisoners and Brown himself with 42 Colours Now though Scotland were a cold Climate 't was too hot to hold the King and his Army and therefore with them he slips into England by the Way of Carlisle leaving the Kirk in Lamentations and Woes that Heresy and Schism had overspread the Beauty of Holiness now Profaneness and Superstition had left it Harrison and Lambert followed the King and Cromwel soon after who at Worcester that Day Twelve Month after he had routed the Scots at Dunbar utterly again routs the Scots and English kills 3550 with Duke Hamilton and General Forbes and takes 5000 Prisoners with the Earls of Rothes Kanwarth Kelly the Lord Sinclare and Montgomery General of the Ordnance and soon after David Lesley who fought not or but little in the Battel is routed by Lilburn and taken Prisoner with Lauderdale who held Correspondence in England with the Covenanting Scots and the Lords Kenmore and Middleton Yet the King by a Miracle escaped to be restored King Charles II. But the same Fate did not attend the Noble Earl of Derby who coming out of the Isle of Man with about 250 Foot and 60 Horse to have assisted the King which he joined with about 1200 raised Men in Lancashire where he was highly
the Lords during their Absence and soon after the King passed a Bill for taking away the Bishops Votes in Parliament so little Success had the Clergy in their Convocation-Oath As the Clergy without Consent in Parliament imposed the Convocation-Oath upon the rest of the Clergy So the Parliament I mean the Lords and Commons without the Consent of the King imposed upon the Subjects a Vow and Protestation to maintain and defend so far as lawfully may be the true Reformed Protestant Religion expressed in the Doctrine of the Church of England and according to the Duty of the Allegiance to his Majesty's Royal Person Honour and Estate to defend the Privileges of Parliament and Liberties of the Subject and by all just and honourable Ways endeavour to preserve the Union and Peace of the Three Kingdoms and neither for fear nor other respect relinquish the Promise Vow and Protestation See Baker's History fol. 508. b. But the Lords and Commons were not constant to their Vow for within less than two Years after they impose their Solemn League and Covenant being basely imposed upon them by the Scots upon the rest of their Fellow-Subjects with all the Scotish Cant and c. too and this is observable that the Presbyterians who so bitterly inveighed against the c. in the Convocation-Oath without any scruple swallowed the c. in their Solemn League and Covenant It 's scarce credible by what Severity this Covenant was after the Scots Temper imposed upon all other sorts of Men as well Dissenters from the Church of England as those of the Church This Temper was too hot to last long for about three Years after the Independents outed the Presbyterians and set up the Engagement to be true to the Rump without King or House of Lords nor did this Engagement last five Years but was outed when Cromwel set up himself and imposed the Recognition for establishing himself Now let any shew how in any Nation since the Creation in less than 13 Years time Men so often swear and forswear Governments which were so often changed and he shall be my great Apo●●● The Secluded Members and the Rump if you 'll take their Words were the Representatives of the People but without a Head and could not be dissolved by the King without their Consent yet O. Cromwel and his Myrmidons without their Consent dissolved them both And as these were Bodies without a Head so Cromwel and his Army like that of the Egyptian Mamalukes were a Monstrous Head without any Body of the Nation yet with this Difference the Mamalukes chose their Sultan but Cromwel exalted himself without the Army's Choice The first Manifesto that Cromwel made known to the Nation was this I Oliver Cromwel Captain General and Commander in Chief of all the Armies and Forces raised and to be raised within this Commonwealth c. So here Cromwel by his own Authority makes the Army perpetual having deposed the Parliament which were made perpetual by Act of Parliament I have often admired upon what Bottom Cromwel stood when he presumed to do these things for the Sectaries and Monarchy-Men who were the Creatures whom he at first most relied upon when they perceived his Ambition then became his utter Enemies the Presbyterians and Independents hated him for the Violences he put upon them and the Royalists both dreaded and hated him All Kings of England in their Coronation-Oath before sware to govern by the received Laws and Constitutions of the Nation but Cromwel having subverted these neither says nor swears by what Laws or Rules he 'll govern and tho both in the Saxon and N●rman Dynasties the Hereditary Succession of the Kings was often changed yet none succeeded which was not of the Royal Blood which cannot be said of the Caroline and Capusian Lines of France nor in the Succession of the Race of the Kings of Spain yet Cromwel without Law or being of the Royal Blood made himself more absolute than any of our Kings before him Now Terras I am sure Britannias Astraea reliquit Justice Truth and Plain-dealing is fled the Land and Dissimulation Hypocrisy Intriguing and Designs rove all England over and Cromwel to support his ill-establish'd Greatness sets all his Agents and Sycophants on work to congratulate and approve his Actions and to stand by and assist him One of the first of these was from the Officers of the English Army in Scotland no doubt but excited by Monk in the State he stood then with Cromwel So that as from Scotland our Civil Wars first began and from thence their solemn League and Covenant was so rigidly imposed in England so from thence now come Congratulatory Addresses to Cromwel for overturning all they had done and a time shall come when a Storm shall come from Scotland which shall disperse and unravel all that the Covenanters Rump and Cromwel had done thus you 'll see how lame-footed Vengeance shall overtake them all Having seen how Cromwel established himself we 'll proceed to see the Success The Dutch above all things dreading the Rump animated Cromwel to dissolve them promising greater things to him than they had done to the Rump in case he would do it which being done the Dutch not unreasonably hoped by the Disorders which would arise in England by it they should be better able to deal with Cromwel than the Rump and notwithstanding their calling God to witness of their sincere Love and Affection to the English Nation and desire of propagating the true Reformed Protestant Religion with all imaginable Diligence set out a greater Fleet to Sea than they had done before and Trump gave out he would fire the English Ships in their Harbours and the Downs before the English Fleet should get out But the Rump who well understood what Faith or Credit was to be given to the Dutch Protestations were not behind-hand with the Dutch in their Naval Preparations which Cromwel found ready to fight with the Dutch and sooner than the Dutch look'd for the English Fleet commanded by Monk and Dean Penn Vice-Admiral and Lawson Rear-Admiral upon the second of June engaged the Dutch and at the beginning Dean was kill'd by a Cannon-Ball but the Dutch sore pressed upon by the English bore away and made a running Fight having a Ship of 42 Guns sunk by Lawson and 140 Men in her but the Winds blowing cross the English could not that day do much more Execution Next day Monk engaged the Dutch Fleet again and sunk six of their best Ships two were blown up and eleven taken one Vice-Admiral and two Rear-Admirals with two of their Hoys and thirteen hundred and fifty Prisoners and of the English not one Ship was lost or disabled and besides Admiral Dean but one Captain killed The Dutch thus balk'd of their Expectation of firing the English Ships in their Harbours and in the Downs send Beverning Newport Vande Parro and Jonstal to Cromwel and the new Council of State for Cromwel had discharged
Charles II. is my most Religious and Gracious King If he be so how came you to know it And if you do not know it how came you so unfeignedly to assent and consent that he is so But tho to get your Living you tell the Congregation so when you do not know it I think it 's dreadful for you to tell God Almighty he is so if you be not very well assured he is so But you 'll soon see what Care this King took of the Church of England which took such Care for him Was God well pleased with these things You shall soon see unjust Wars and dishonourable Peace Such Judgments of Plague Fire and Invasion into our Ports as never before were heard of And tho God's Judgments were in the Land the People did not learn Righteousness but continued a divided and factious Nation and a People laden with Iniquity The Honour of the Nation not only lost abroad but a joining with a neighbouring Faithless Boundless and Ambitious Prince to the endangering the Subversion of the Religion Constitutions and Liberties of the English Nation Now let 's see what is doing in Scotland If a Man reads Buchanan's and Drummond's History of Scotland they will better judg of General Monk's prudent Government and Conduct in it for eight Years together For from the Contest between Bruce and Baliol for the Succession to the Crown of Scotland about the Year 1280 till James VI. came to the Crown of England I scarce find five Years Peace together in any of the Reigns between And if for some time the Scots were freed from open War yet scarce at any time were they freed from Feuds among the Nobility or the Nobility at Discord and Variance with their Kings After the Reformation of Religion in Scotland which began in the first Year of Queen Elizabeth by her assisting the Nobility with an Army by Land and a Fleet by Sea whereby the French sent by Henry the Second of France Father of Francis the Dauphin who had married Mary the Scotish Queen to subdue Scotland to a Conformity to the Romish Church were outed the Kirk of Scotland set up a Jurisdiction as independent from the Civil as the Romish was and held it up during the Reign of Mary and after they had expelled her and chosen her Son James King about fourteen Months old in the Regency of Murrey they got their Church-Discipline established by Act of Parliament This was in the Year 1567. The Kirk being possest of this Power during the Minority of King James and several of the Nobility having got a great share of the Crown-Lands of Scotland the King upon his Majority was so poor that he was not in a Condition to keep up the State of a King much less to curb the Insolence of the Kirk the Nobility who had got the Crown-Lands joining with them Tho Queen Elizabeth did not love the Kirk-Party yet was she content to have Scotland in this State for thereby she preserv'd the English Borders free from the Depredations which the Scots usually made upon them and therefore secretly countenanced both the King and Nobility who had got the Crown-Lands However ever she allowed the King a Pension yearly whereby she kept the King as well as Kirk and Nobility depending upon her In this State England and Scotland stood till the Death of Queen Elizabeth but it was ill timed of King Charles I. to grant Commissions to enquire into the Crown-Lands usurped in his Father's Minority and soon after to endeavour to set up Laud's Injunctions and High-Commission in Scotland which made the Nobility as well as Kirk so fierce in opposing them King Charles offended at the Proceedings of the Parliament of England in 1641 goes into Scotland and establishes the Kirk in all their Pretensions and disclaims all Title to the Crown-Lands usurped in his Father's Minority which no ways mollified either But next Year the Scots sent an Army under Lesley made an Earl by the King against him in Aid of the English Parliament But tho the Kirk and Nobility were thus insolent against their Kings they patiently submitted to Monk during his Government in Scotland except some few Disturbances made by General Middleton For neither Cromwel nor the Rump before him trusted to the Scotish Oaths or Solemn League and Covenant but after they had subdued them bridled them with Forts built upon the principal Passages of Scotland and disarm'd all the Nobility and Gentry and thereby kept them in Peace which King Charles by all the Condescensions he submitted to could not procure And hereto that the common sort of Scots lived in more Freedom under Monk than under their Lords and Lairds so that neither the Kirk or Nobility could form the Body of an Army against the English Before the King was restor'd the Army which would have kept him out was dissipated the Year before by Monk and after his Restoration was disbanded and so the English Nation was restored to its former Government But it was not so in Scotland for not only the Forts which bridled them but the Army which conquer'd them was still kept up Nor had the Scots any hopes of being freed from these Fetters but by an intire Submission to the King Upon the King's Restoration many Debates were in the Council in England about the calling a Parliament in Scotland and the demolishing the Forts for keeping the Scots in Subjection but neither were so easily determined for in all Scotland after Montross was butcher'd I do not find there was one of the Nobility except his Son which were not Popish or Presbyterian and the Presbyterian Party had been so rigid against the King when he was in Scotland and intolerable to his Father that above a Year past before any Resolution was taken in either Lauderdale as before said was taken Prisoner after the Fight at Worcester and from that time kept Prisoner in Windsor-Castle from whence he was set free upon the King's Restoration but became so poor that it 's said he could not meet the King for want 〈◊〉 Money to pay for a Pair of Boots This Imprisonment was doubly happy to him for during the Restraint of his Body he enlarged the Faculties of his Mind and being a Man of Parts improved them by Contemplation and Study wherein he met with more Helps than it may be he could have found in Scotland whereby he became of greater Abilitie● to serve the King than could be found in any other of his Countrymen and being in England found better Opportunities to have them known to the King than any of his absent Country-men could In the late Wars between the King and Parliament he with Sir John Cheesley were ordered Commissioners by the Kirk-Faction to the Parliament in England for propagating the Presbyterian Government But this being most detestable at Court Lauderdale to raise himself set himself with all his Skill to oppose it and by it at first got to be made Principal Secretary
and that there lieth no Obligation upon me or any of the Subjects from the said Oaths or either of them to endeavour any Change or Alteration of the Government either in Church or State as it is now established by the Laws of the Kingdom Thus you see the Parliament throw this upon the Son which his Father so zealously contended for even to the Loss of his Life and when they had done all they could the Son little cared for what they had done For the Year after viz. 1663 the King granted a Toleration and Indulgence to Dissenters from the Church Thinking Men thought this strange that the King should the Year before pass the Act of Vniformity as the best Means to secure the Church against Popery and Fanaticism and in this grant a Toleration It could not be in Favour of them termed Fanaticks who kept him from his Crown and last Year Venner with his Party would have expell'd him again And this Year Swarms of Pamphlets were spread abroad to defame his Person and Government For printing some of which Twyn the Printer was hanged Thinking Men considered too the time when this Indulgence was granted for as the King in the Sale of Dunkirk chose to do it in the Interval of the Sitting of the Parliament so he did grant this Indulgence I think in November when the Parliament was prorogued to February But tho the Parliament would take no notice of the Sale of Dunkirk they did of this and therefore the Commons upon their Meeting entred into a serious Debate about it and made an Address to the King humbly representing How it would reflect upon the Wisdom of the Parliament to have such an Alteration made so soon and that for ought they could foresee would end in Popery And sure the Commons were true Prophets herein However whether the King fearing the Continuance of the Indulgence might retard the Commons in giving him Money or that time was not yet ripe enough to insist upon it at present he recalled his Declaration So that tho the King did establish a High Commission in Scotland by his Prerogative Inherent in his Crown which the Parliament agreed to in Scotland yet this Indulgence had not the like Effect in England This Indulgence may seem more strange if we look into Ireland where the Irish this very Year were contriving a Massacre of the Protestants and holding Intelligence with the French King which you may read at large in Plunket's Trial and this proved by Popish Witnesses I do not find the Irish had any Countenance herein by the King nor do I believe the French King acquainted his Brother of England with it Yet the Insincerity of the King's Intentions of any Benefit the Protestant Dissenters should have by this Indulgence will appear by this that when the Parliament seeing the Danger which the Prosecution of Protestant Dissenters might bring upon the Nation had prepared Bills for the Ease of Protestant Dissenters the King would not pass them However the Memory of the Rage and Tyranny of the late Times took deeper Impression in the Parliament than the Fear of Popery intended by the King's Toleration and Indulgence and therefore the Parliament from new invented Swearing and new invented Declaring proceed to new invented Laws against Dissenters and Conventicles and the Act of the 16 Car. 2. c. 4. does declare the 35 of Eliz. c. 1. to stand in full Force and ought to be put in Execution and did also enact That if any Number above Five more than the Family shall meet in any Assembly or Conventicle upon Colour or Pretence of Religion in any other manner than is allowed by the Liturgy and Practice of the Church of England he shall be committed Prisoner for the first Offence there to remain for a Term not exceeding three Months unless such Offender shall pay a Sum of Money not exceeding Five Pounds for the second Offence to be committed to Prison for a Term not exceeding Six Months or pay a Sum not exceeding Ten Pounds and for the third Offence to be transported beyond the Seas for the Space of seven Years unless he pay one hundred Pounds I will not dispute the Justice of these Laws but I say no Human Laws can divest Men of Human Nature but that Man as well as all other Creatures will endeavour by such Means as they are endued with to preserve their Being and Subsistence in this World And herein I again observe the unhappy State of this Nation in the Education of Youth in the Grammar-Schools and our Academical Learning as 't is called For tho a great Part of the Youth of England have Means to maintain them after they have lost their time of Youth under this unprofitable Breeding whereby they are no way instructed how to live and converse in this World yet double if not treble Numbers of Youth are thus bred who have little or no Means to maintain them after they become Men and more than can be maintained by the Revenues of the Church as they are established I say therefore this kind of Breeding Youth shall eternally create Feuds and a kind of Civil War between those who are in Church-Preferments and those excluded from them and these for their necessary Subsistence shall become Patrons of Factions opposite to the Church within the Kingdom and to the promoting the Popish Interest without In the late Times when the Presbyterians bare the Sway were there not enow of that Party to supply the Vacancies of the Sequestred Clergy besides such Swarms of the Patrons of Independency as were more numerous than they and who turned them out Yet was there a large Relick for to promote the Popish Faction Upon the Restoration of the King when the Sequestred Clergy were restored were there not Multitudes of such Clergy as would have conformed yet could not get any Preferment in the Church Thus excluded what other means had they to subsist but to become Nurseries of Factions which were opposite to the Church and tho these Laws were intended against Protestant Dissenters who had no other means of living but dissenting yet you shall soon hear of another Sort of Dissenters and these secretly countenanced by this most Religious and Gracious King which shall be much more dangerous to this Church and State than those against whom these Laws were made And I say the Vnreasonableness of Separation from the Communion of the Church of England will no more prevent this than Origines Sacrae by not only confounding but inverting all Rules and Methods of Reasoning prove a Deity or the Authority of the Sacred Scriptures thereby making them the Creatures of a Creature and the Production of a Fantastick Brain CHAP. II. A further Account of this Reign to the End of the Second Dutch War THe King being thus established in England and Scotland tho he was not so in Ireland this Year shews the Effects of his Power by making a War upon the Dutch and even this War
't was believed was carried on by French Counsels For so long as the English and Dutch stood united it would be very difficult if not impossible for the French King to encrease his Grandeur either by Sea or Land if the English and Dutch should oppose it However the outward Appearance seemed otherwise on the French Part for in the Favour of the Dutch he made War upon the English tho to no Benefit of the Dutch other than by the influence of his Party upon the English Counsels But to return his Courtesy the Dutch during this War built him six great Men of War and the Dane joining with the Dutch and French against the English built the French as many more so that whilst the English and Dutch were fighting with one another to destroy their Men of War the French King looked on and without fighting encreased his The English and Dutch had been above Eighty Years Competitors in the East-India African and American Trades so that if either had a mind to quarrel it would not be hard to find an Occasion for it Queen Elizabeth kept so severe a Hand over the Dutch that they durst not presume to give the English any Cause of Offence during her Reign nor do I find the English gave them any in King James's Reign Yet the Dutch gave the English a most abominable one in the Business of Amboyna The World taking notice of the Vast Power at Sea and Wealth which the Dutch acquired by the Fishery upon the Coasts of England and Scotland King Charles I. required a Tribute or Acknowledgment from them about the Year 1630 as a Right belonging to his Crowns of England and Scotland The Dutch were resolv'd not to part with their Fishery and unwilling to pay the King any Acknowledgment for it and instead of Payment set Hugo Grotius to work with his Pen to discharge it Which he did in a little Treatise called Mare Liberum The King to vindicate his Soveraignty set Mr. Selden then at ill Terms with him for I think he was a Prisoner in the Tower for not submitting the Debates in Parliament to the Cognizance of the Council-Table and Court of King's Bench to write Mare Clausum in Answer to Grotius's Mare Liberum Yet this is observable how much the Dutch Interest governed their Reason for soon after I will not say the certain time in all their Manifesto's in the East-Indies the Dutch stiled themselves Soveraigns of the Southern Seas And as such you 'll hear how they exercised their Soveraignty over the English But King Charles though he raised Ship-Money upon Pretence of suppressing Pirates and for Safety of the Nation in May 1636 issued out a Proclamation forbidding the Dutch and all Foreign Nations Fishing upon the Coasts of England and Scotland which the Dutch little regarding set out for this Fishery notwithstanding Whereupon the King commanded the Earl of Northumberland with a Fleet of sixty Men of War to take an Account of their Disobedience The Earl with this Fleet fell in upon the Dutch and dispersed them and cut their Nets so as the Dutch were forced to seek for Shelter in the King's Harbours where they were detained till they made a Composition to pay the King Thirty Thousand Pounds sterling yearly for Licence to fish And this was all the Action done by raising Ship-Money for the Safety of the Nation whereof the King was sole Judg and for Suppressing Pirates The Dutch in return next Year or the Year after upon Pretence of taking in fresh Water seize upon New-York in Long-Island in America and change the Name into New-Amsterdam But at this time things were in highest Ferment both in England and Scotland about establishing Laud's Injunctions in England and erecting a High Commission in Scotland by the King 's Supreme Ecclesiastical Power which the King was so intent upon that he neglected to call the Dutch to an Account for the Surprisal of New-York In the Year 1643 the Dutch by Virtue of their Soveraignty in the Southern Seas by one Geland in a Hostile Manner between Goa and Maccao in the Straits of Malacca made Prey of the Bona Esperanza and spoiled her of all her Tackle Apparel Furniture and all the Goods and Lading in her in her Return of a very hopeful Voyage from China and carried them to Batavia where without due Process of Law they were confiscated and the same Year the Ship called the Henry Bonadventura being come on Ground near the Island Mauritius was seized with all her Goods and Lading by the Dutch East-India Company and kept from the Owners And these Actions both in the East and West-Indies were done in time of Peace between England and Holland These Ships were set out by the Earl of Shrewsbury Sir William Courten Sir Paul Pindar and others by Virtue of a New Charter granted by King Charles the First in the Year 1635 and had laid the Foundation of a much more advantageous Trade for the English than that of the English East-India Company For the Northern and middle Parts of China are cold or temperate and so our Woollen Manufactures would have been very acceptable to them whereas they are of little Use in the Southern Parts of India and all the Islands in the Indian Ocean which lie in the Torrid Zone The Earl of Shrewsbury Sir Paul Pindar and Sir William Courten being Royalists took no Care for Satisfaction in the late times Nor do I find the Rump made any of these the Causes of the War between the Dutch and them nor did Oliver in the Peace he made with the Dutch take any Notice of these Violences used by the Dutch against the English or the Honour of the Nation yet he would not by his Peace discharge the Dutch from the Business of Amboyna but this was referred 't was said to the Cantons of Switzerland to be determined by them but was never after regarded But King Charles II. being at better Terms with his Parliament and Subjects than his Father the next Year after his Restoration viz. 1661 sent Sir Robert Holmes with a Squadron of Men of War and some Soldiers to America with which he reduced New York and all that which the Dutch had taken from the English in Long-Island And from thence Sir Robert Holmes sailed to Africa and took Cape Verd and some other Places where the English had Factories And about the same time the Earl of Shrewsbury with William Courten Grandson of Sir William and the Executors and Creditors of Sir Paul Pindar represented their Case to the King who by Letters under the King's Signet Manual demanded Reparations of the States for these Depredations by Sir George Downing the King's Envoy without any Satisfaction Thus things stood when the Algerines being at War with the English and Dutch the Dutch by their Ambassadour desired the King in 1663 to join a Squadron of Ships with the Dutch to reduce the Algerines to better Terms which the King did and
paid or was one tenth part so highly caressed by their Subjects in a time of Peace Was it not strange then that the King should be in such Necessities for Money as to borrow such great Sums of the City for carrying on this hasty War before the Parliament should meet to supply him Whereas when Queen Elizabeth came to the Crown her Revenue besides the Court of Wards and the Dutchy of Lancaster was but 188179 l. per Annum and the Crown left in Debt by her Father Brother and Sister which she afterwards paid and for the four first Years of her Reign the Parliament gave her but one Subsidy and two Fifteens about 120000 l. Yet in these Years she fitted up her Navy Royal so as it was not only superiour to those of all the Neighbouring Nations but of any Prince in the World and also sent a Fleet and Land-Army into Scotland with which she expelled the French out of it And the Parliament in the fifth Year of her Reign gave her but another Subsidy and two Fifteens wherewith she assisted the Princes of the Reform'd Religion in France Whereas the Parliament in the fifth Year of this King 's actual Reign gave him 2467500 l. for carrying on the War against the Dutch I will not dispute the Justice of this War yet sure never was any made with such Precipitancy and Inconsideration both abroad and at home for as the King entred into no Alliances or Confederations abroad in it so on the contrary France and Denmark our next Neighbouring Nations join'd with the Dutch against the King and that tho the Spaniard stood Neuter in it yet the King had little reason to expect any Benefit from him having been so used in the King's Sale of Dunkirk to the French and joining with the Portuguese and French against the Spaniard And as the King had made no Foreign Alliances abroad so had he not laid up any Naval Stores at home and which is worse he had the Act of Navigation tho made by the Rump yet the Parliament 13 Car. II. confirmed it or set the Royal Stamp upon it to struggle with to supply himself with Naval Stores for carrying on the War For the Rump were as hasty in making the Act of Navigation as the King was in entring into this War and made it general without any Consideration of Time either in War or Peace and herein their Zeal to make this Law outrun their Wit or Memory for these very Men about ten Years ago viz. 16 Car. I. 21. which yet stands unrepealed taking notice of the manifold Mischiefs tho in time of Peace which happened by reason the Importation of Gunpowder was prohibited contrary to Law viz. That the Price of Gunpowder was excessively raised many Powder-Mills decayed the Kingdom much weakned and endangered the Merchants much damnified many Mariners and others taken Prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish Pirates and many other Inconveniences thereby ensued and like to ensue Therefore this Act made the Importation of Gunpowder Salt-petre and Brimstone free to Strangers as well as Natives and a Premunire to hinder it Whereas in this War if the East-India Company shall set double or treble the Price upon Salt-petre or if their Ships should miscarry yet by this Act it is Confiscation of Ship Goods Tackle Apparel and Ammunition for the Subjects of any other Nation to import Salt-petre or Gunpowder The King tho this were a Naval War having laid up no Stores for it yet if the Swede from any Port of Norway but Gottenburg or if the Bradenburgher Lubeker Hamburgher or Emdenber should import any from any Port of Norway or any rough Hemp or Flax from Leifland or Prussia for making Cordage or Sails this had been Confiscation of Ships Goods Guns Tackle Ammunition and Apparel by this Act. This Act restraining the English in the Newcastle Trade and to the Plantations to navigate their Ships by three fourths English the King was forced to man his Fleet with pressed Men the greater part whereof were Land and Water-Men Whereas if it had been free for the English during the War to have imployed Foreigners in these Navigations the King might have above twenty thousand of his best Sea-men more than he had to man his Fleet and the City of London and other Parts of England throughly supplied with Coals at half the Prices and with more Security The King by reason of this Act in the first Year of this War was forced in the dead of Winter to send Sir John Harman to Gottenburg with a Squadron of Men of War for Masts Pitch and Tar where by the Coldness of the Season some of the Ships were frozen up and many of the English lost their Noses and were benumm'd in other Parts with the Cold Yet all agreed if the King had not been supplied with Naval Stores by this Fleet he could not have fitted out a Fleet next Year These things tho evident to any Stander-by yet the Parliament took no notice of them However the King wisely dispensed with the Act of Navigation so far as it related to the Importation of Naval Stores and Hemp and Flax with this different Success that tho the Parliament the Year before boggled at the King 's dispensing with the Penal Laws against Dissenters yet they took no notice of the King 's dispensing with the Act of Navigation Tho this War was thus hastily begun yet was it managed more carelesly and prodigally than ever any was before The Officers of the Fleet like those of the Guards bought their Places to sell their Lives the poor common Sea-men not paid and wanting Money to pay their Quarters were forced to take Tickets for less than half their Wages whilst Favourites swelled into incredible Riches by the Ruin and Spoil of the Nation The innumerable Prizes taken from the Dutch were so far from contributing to the Charges of this War that many of them were given to Women and Favourites and became a Charge to the King no Inspection must be into the defraying the Monies given for the War for this was to distrust the King The Officers who had bought their Places in the Fleet instead of minding their Business made it their Business how to be Gainers for the Purchase of their Places and caballed how they might improve their Interest at Court However the King receiving no Satisfaction from the Dutch for the Injuries done to Sir William Courten and Sir Paul Pindar upon the 17th of May 1665 granted Letters of Reprisal to Sir Edward Turner and George Carew their Executors c. against the Dutch till they should be satisfied 151612 l. This Grant to stand in force notwithstanding any Peace to be made till Sir Edward Turner c. were fully satisfied of the said Sum with all their Costs and Damages Sir Thomas Allen opened the first Sea Campagn by falling upon the Smirna-Fleet and took four of them richly laden and the
third of June following the English Fleet commanded by the Duke of York Prince Rupert Admiral of the White and the Earl of Sandwich of the Blue fought the Dutch off the Coast of Harwich where the Dutch were put to flight Opdam their Admiral was blown up and Cartinere Stillingwolf and Stamp Flag-Officers killed and eighteen of the Dutch Fleet sunk and taken and if it had not been for fear of disturbing the Duke in his next Night's Sleep it 's believed the whole Dutch Fleet might have been destroy'd But in this Fight the English lost the renowned Earl of Marlborough who tho Admiral in King Charles the First 's Reign died a private Captain in this Fight Rear-Admiral Sanson was killed in it and Vice-Admiral Lawson soon after died of his Wounds The Duke of York was of too estimable a Value to be ventur'd any more in this War for in his Person the Hopes of this War and Declaration of Indulgence resolved So the Earl of Sandwich was made Admiral Sir Thomas Allen of the White and Sir Thomas Tiddiman of the Blue Squadrons The Dutch were so damaged in the first Fight that they were not in a Condition to set out another Fleet this Year But the Dutch having lodged their East-India and other Fleets in Bergen in Norway the English Fleet sailed thither to attack them in it But Sir Thomas Tiddiman who was ordered to do it did not sail into the Harbour as he might have done upon his first Approach but sent to the Governour of the Castle to treat without the Dutch within alarm'd at the Danger set all hands on work that Night so that by the Morning they had so fortified the Castle that it was impossible for the English to force a Passage and the Weather growing boisterous it being towards the latter end of September the English Fleet was forc'd to return nor could the Dutch Fleet stay in Bergen and in their Return home two of their richest East-India Ships and about 80 Sail of their other Ships fell to the English share but tho they were deep laden when the English took them they became much lighter before they came into the English Harbour It seems God was not pleased with these things for this Year he sent a horrible Plague which raged over almost all the Parts of England The greatest Plague which happened since Edward the Third's time in England was in the first Year of this King's Grandfather yet a greater in the first Year of his Father's Reign and now a greater than either in the sixth Year of his actual Reign And as the Plague drove the Parliament to Oxford in his Father's Reign so did it now in his But neither the Mourning of the Land because of Oaths the Plague this Dutch War nor the King's Declaration of Indulgence for dispensing with the Penal Laws against Dissenters could abate the Parliament's Zeal in prosecuting Protestant Nonconformist Ministers but they made a Law called the Five-Mile-Act whereby they were banished five Miles from any Corporation or Market Town and had this Oath imposed upon them I A. B. do declare That it is not lawful upon any Pretence whatsoever to take up Arms against the King and that I do abhor that traiterous Position of taking up Arms by his Authority against his Person or any that are commissionated by him in pursuance of such Commission And I do swear that I will not at any time to come endeavour the Alteration of the Government either in Church or State So help me God The poor Non-conforming Ministers did quietly submit to this in England but the Presbyterians did not so to the High Commission erected in Scotland for about this time they rose in Arms at Pentland against the Persecution of the Prelates who disturbed them in the Execution of their Ministry but were soon broken and a terrible Execution follow'd upon them as Traitors and Rebels In England the Parliament at Oxford granted the King 1250000 l. for carrying on the War against the Dutch and in the Spring 1666 the Plague ceasing the King set forth a Fleet under the Command of Prince Rupert and the Duke of Albemarle Sir Thomas Allen Admiral of the White and Sir William Berkley of the Blue But the Dutch and French now try to do that by Craft which they could not do by Force and Plain-dealing And to this purpose it was given out that the French had fitted up a strong Fleet to join the Dutch and this so prevailed upon the King and Council that upon the 29th of May a remarkable Day when the English Fleet was riding in the Downs Prince Rupert in all haste was ordered with the White Squadron to sail to the West to fight the French Fleet coming to join with the Dutch I desire to be particular in some part of what followed because I had it from Sir John Harman himself who was Vice-Admiral of the Blue At the same time Prince Rupert sailed from the Fleet the Dutch put out to Sea the Wind at North-east a fresh Gale this brought the Dutch Fleet on the Coast of Dunkirk and carried the Prince to St. Helens on the Isle of Wight but the Wind suddenly turning into the South-west blew a strong Gale which brought the Dutch and Duke to an Anchor when Captain Bacon of the Bristol by firing of his Guns gave notice to the Duke of the Approach of the Dutch Hereupon the Duke summoned all the Captains on board him not to consult whether to fight the Dutch but to order them to weigh Anchor and fight the Dutch This was the 1st of June the Wind at South-west blowing a stiff Gale so that the Dutch were forced to cut their Cables not having time to weigh Anchor and tho the English had the Weathergage of the Dutch yet the Wind so bowed the English Ships that they could not use their lowest Tire when they came up to fight the Dutch Sir Berkley's Squadron led the Van but the Duke when he came on the Coast of Dunkirk to avoid running on a Sand made a sudden Tack which brought his Top-mast to the Board whereupon he was forced to lie by 4 or 5 Hours till another was set up but the Blue Squadron knowing nothing of this sailed on fighting through the Dutch Fleet which were 5 to 1 of the Blue Here Sir William was killed and his Ship the Swiftsure a second Rate and all her Guns Brass taken so was the Essex a Frigat of the third Rate and Sir John Harman in the Henry got among 9 Ships of the Zeal and Squadron commanded by Vice-Admiral Everts and these so disabled the Henry that Everts offered Sir John Quarter if he would yield but Sir John told him 't was not come to that yet and gave him a Broadside and killed Everts Hereupon this Zealand Squadron sailed to assist their Fellows behind and only left Sir John to the Mercy of 3 Fireships one of which grappled the Henry on her Starboard Quarter The Dutch
Value of the Lands of England Observation VI. Suppose that we had no Act of Navigation but our Western Men might have built and fitted out Ships for the Newfound-Land Fishery as cheap as the French yet by this Act against Importation of Irish Cattel the French being enabled to victual Ships cheaper from the Ports of Ireland than we from the English the French from this only Cause may have the foreign Vent of the Newfound-Land Fishery whilst the English are necessitated to vend theirs only in England which is as much a Grievance as the Importation of Irish Cattel for the Expence of them will as much fall the Price of Flesh as the Importation of the Cattel Observation VII By this Law the English have lost the Benefit of Victualling foreign as well as English Ships from our own Ports and established them in Ireland to the lessening the Value of the Lands of England and this in time of Peace And in time of War by how much cheaper foreign Nations can victual Ships from Ireland than we can from England so much cheaper they may manage War and continue it longer Observation VIII The Wools of Ireland are generally better than those of England I have it by very good Authority and by the 14 Car. II. 18. it's Felony to export any out of England or Ireland The Reason given is it would decay the Woollen Manufactures ruin many Families and be the Destruction of the Navigation and Commerce of England and Ireland And why would it decay the Woollen Manufactures and ruin many Families to export Wool The common Reason given is That the Natives of other Countries would work them cheaper than the English whereby we should lose the Employment of our People If this be a Reason this Irish Act was made in an ill time to make Provisions dearer which will necessarily resolve into a further Dearness because those who work our Woollen Manufactures must live by Food and so much the dearer Food is so much dearer must Mens Labours be But I say this is not the Reason for no People in the World in like Circumstances take so much Pains for so little Profit as the Combers Spinners and Weavers do in our Woollen Manufactures and I 'm sure the Wools and Fullers-Earth in England are cheaper here than can be had elsewhere and an English Man or Woman hath a better Habit of Body and as good a Wit as a French or Dutch Man or Woman and that in Holland they pay as much for Excise for Meat and Drink as in England is paid for them I 'll give the true Reason why if the Dutch or French get our Wools and Fullers-Earth they may vend the Manufactures cheaper in foreign Trade than the English The Wools of Derbyshire Nottinghamshire Leicestarshire Warwickshire Lincolnshire Rutlandshire Northamptonshire Huntingtonshire Hertfordshire c. are in the dead of the Winter brought by Land-Carriage to Norwich and Colchester and even the Wools of the Sheep killed in London are carried to Colchester to be wrought there and then by another Land-Carriage they are brought to London as our Western Cloths are And then none but the Free-men of London must buy them at it may be 20 per Cent. cheaper than they might be sold if the Trade were free then they must be vended abroad in English-built Ships double as dear by the Act of Navigation and these sailed by near double the Hands of foreign Ships of like Dimensions and if any Returns be made they shall pay twofold more Duties than if they were imported into Holland and Hamburgh And upon other Terms ou● Poor must not be employed working Woollen Manufactures It 's agreed the vast Riches of France arise by the Trades which the English Dutch Dane Hamburgher Embdener Lubecker and Bremeners drive trading into France for Wines Brandies Salt Paper and the English besides these for Linen Cordage and Sails Suppose then the French King should by Edict ordain that these should be first brought by Land-Carriage to Paris and then none but the Free-men should buy them at what Rates they please and then these should vend them in foreign Trade only in French-built Ships and these sailed by three fourth parts French whether they have Ships or Men or not and the Returns made of them to pay him twofold more than if they were imported into Holland or Hamburgh c. Would not any Man think he were mad Yet what would that differ from our Practice At this rate we have in England more Wools than we can work and by this Act the Irish are forced to breed Sheep upon the Grounds they bred their Cattel before the Act and by the Act of 14 Car. II. 18. it's Felony to export the Wools so as the Irish are necessitated to work them where Provisions are cheaper than in England and where they shall not be at the unnecessary Land-Charges of Carriage of their Wools and Re-carriage of their Cloths where they shall not be restrained to the vending of them to Free-men of Corporations at 20 per Cent. Loss and where their Ports are better and more convenient for foreign Trade than those of England and then the English must condescend to the Terms of the Irish or these will undo more Families and more decay the Trade of our Woollen Manufactures than if Foreigners wrought the Irish or English Wools. Observation IX Ireland is a Kingdom depending upon England and Trade and Commerce create a mutual Correspondence and Interest between Countries so as this Law makes the Correspondency and Interest of Ireland to depend upon other Countries whereas it is the Interest of England that England should have been the Mart or Store-house of all the Wools Hides Tallow c. renewed in Ireland as England is the Store-house of the Product of our Plantations or as Holland is of the Spice-Trade These ruinous and mischievous Consequences this Law has brought upon England and Ireland only that the Northern and Western Men might have a Monopoly of imposing what Rates they pleased upon the Eastern and Southern Parts of England I may safely say to the lessening the Rates and Value of those Lands at 30 per Cent. and I dare say from many less Causes or if this Partial Law had been imposed by any King out of Parliament it might have caused a Rebellion in England and Ireland too Yet it had been the Interest of the Northern and Western Men to have continued the Importation of Irish Cattel for in breeding Cattel they can make but one Return in five Years whereas they might make four Returns in one Year by the Irish Cattel imported Yet in many Land-Taxes the Parliament taxed the Southern and Eastern Parts of England near double more than the Northern and Western But neither the King's Management of Business this Infant-Law the Fire of London the pulling down the Houses upon the Tower-Ditch the Plague nor the Act of Navigation now sixteen Years old could allay the Parliament's Heat from
8. The French Progress in Flanders more nearly concerned the Dutch than the English the Spanish Netherlands being the Barrier to secure the United Netherlands from sinking under the Power of France and therefore the Dutch States readily complied with Sir William's Proposals and Sir William waited upon the King to give him an Account of his Negotiation and within 5 Days after was sent back with Powers to conclude a stricter Defensive League than that at Breda between England and Holland either by Mediation or Force to stop the further Progress of the French Army in the Spanish Provinces And because the Swedes soon after entred into it it was called the Triple Alliance This preserved what the French had left untaken and the Spaniard was forced to sit down by the Loss But whatever the Spaniard lost by the French Ravages the English gained this Benefit by it That one Brewer whose Parents were said to be English with about fifty Walloons who wrought and died Fine Woollen Cloths came into England and the King after the Example of two of his wisest and most renowned Predecessors Edward III. and Queen Elizabeth entertain'd them against our Barbarous Law or rather Usage against Foreigners partaking the Benefit of Natural-born English and by them the English in a few Years time were instructed to make and dye fine woollen Cloths cheaper by 40 l. per Cent. than they could do before not only to the Benefit of the English at home but in foreign Vent abroad which before the Dutch had I think it was this Year the French sell into the Franche County of Burgundy and took Dole and Besanzon but this being a Barrier to the Swiss against the French Power as the Spanish Netherlands are to the Dutch the Swiss recalled their Subjects out of the French Service and ordered the levying Sixty Thousand Men to expel the French out of the County of Burgundy and now it was not time for the French King to contend against the Triple League and the Swiss too so he gave up Dole and Besanzon again to the Spaniards and withdrew his Forces out of the County Thus was Spain saved by others when they could not help themselves The banishing the Chancellour Clarendon did palliate but the Triple League reconciled all Difference between the King and Parliament as if no Dutch War or Miscarriages had been and for the Triple League they granted the King a Treble Supply viz. 20 Car. II. c. 1. 301000 l. upon Wines and Liquors Secondly an additional Duty of 8 l. per Tun on French Wines c. and 12 l. per Tun on Spanish Wines for eight Years which amounted to 560000 l. this was the 22 Car. II. And also cap. 3. an Act for sale of the Fee Farm Rents to the Value of 1300000 l. An. Dom. 1668. But you 'll see these dear bought Joys soon will fade for the great Clarendon and noble Southampton now are gone and another Generation is springing up and that with such forward Growth as all Weeds do that upon the Joy of the Triple League the House of Commons having given the King the 301000 l. Mr. Clifford after Lord Treasurer in April following told a Friend of Sir Temple's that for all this great Joy it must not be long before we have another War with Holland and this very Year a French Man gave my Lord Arlington the Design of laying another Holland's War and the Advance of it by the Practice of Monsieur Colbert upon the Ministers of our Court. An. Reg. 21. Dom. 1669. However the Devil will play at small Games rather than stand out for now the French King's Hands are tied up by the Triple League and Treaty at Aix la Chapelle from taking more Towns in the Spanish Netherlands Yet he exacted great Contributions from the Dutchies of Limburgh and Luxemburgh and confiscated the Estates of those in his Conquests who would not forswear their Allegiance to the King of Spain and endeavoured to surprize the Town of Hainault And tho by the Pyrenean Treaty the Duke of Lorain was to be restor'd to his Dutchy yet the Duke tho a Friend to the King was rejected from entring into the Triple League which he endeavoured and therefore incurred the French King's Displeasure who in the Year 1669 seized upon the poor Remainders of his Country and ordered one of his Generals to seize his Person and bring him either dead or alive And tho by the Treaty of Breda the French King was to restore the English to their Plantations in St. Christophers which the French had taken from them yet hitherto he refused to do it In this trifling which the Hector of France did only to keep his Hand in ure he did not sleep otherways the Triple League stuck sore in his Conscience which unless broken would set Bounds to his boundless Ambition In its infant State Monsieur Colbert in the first Year had made some Steps towards it but the next Year made such Advances that he had almost brought the Destruction of it to Perfection To facilitate this hopeful Project Madam the King 's beloved Sister came in June 1670 to Dover with full Powers to conclude this desired Business The King was not long behind but with equal Desire and extraordinary Affection meets his Sister where all things are concluded which tho as dark as Hell yet were as secret as Witchcraft which would have no Light but by their Consequences and that this well-laid Design might not be forgotten the Princess left her Woman Madam Carwel after Dutchess of Portsmouth with the King to put him in mind of it but the Princess was unhappy in this for Monsieur her Husband entertained a furious Jealousy in his frantick Brain that something else besides this hopeful Project was designed by the Princess so that though she were in perfect Health and never more pleased than when here yet upon her Return she in the Glory of her Age but Twenty six Years old died suddenly so that the Cause of her Death was as dark as the Design she came for But there is neither Sister Father or Mother with Kings and Kingdoms The sudden Death of Madam put no stop to the ratisying the Business she came for but the Marquess of Bellefonds is sent hither and an honourable Person is sent into France for both Kings Ratification of it Hereupon the French King descended from his Stiffness and delivered the English their Grounds in St. Christophers to Sir Charles Wheeler yet destroy'd all the Plantations plundered and carried away all that was portable laid the whole Country waste and left it in a much worse Condition than if it had never been planted The French King by his English Pensioners did not only keep the Emperor and Duke of Lorain out of being desirous to enter into the Triple League but he enters into a stricter League with the Arch-bishop of Collen and the Bishop of Munster two Princes of the Empire against the Dutch and now began to
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
Man be asked his Opinion of any Law or Point in Law and he gives it according to the best of his skill shall this be taken for Treason and depraving of the Law and a Man be in danger of his Life for it This was the Earl's Case he was called upon by the Duke to take the Test with his Explanation before he did it and whereas Mackenzy says there was no Force upon the Earl I 'm sure if my Author says true the Earl refused to give in the Paper whereof he is indicted and proffered to lay down his Offices upon it till the Duke peremptorily commanded him to do it if this were not Force I would know what is I 'm sure there was no Force but Corruption and Bribery upon the Advocate to enter into this villanous Conspiracy against this Noble Earl to murder him under the Pretext of Justice which is to be esteemed sacred And let any Man read his whole Harangue and see if there be any thing in it but forced and strained Inferences or any one Proof against the Earl within the Act 60 Parl. 6. Mary or the 9 Act. Par. 20. Jac. 6. which makes it Treason to make false Construction of Laws to others with a Design to raise Sedition and Dissension among the King's Subjects so that some Overt Act or Speech to others with a Design to raise Sedition c. must be proved and not what is said in the Council or any Court of Judicature However as was the Advocate such were the Assizers whereof the Marquess of Montross the Earl's Father's most bitter Enemy was the Fore-Man and the rest of the Pack of the same Stamp who with one Voice found the Earl guilty of Treason Leasing-making and Leasing-telling but like conscientious Men having made the Earl to have forfeited his Life Honour and Estate by a Majority they find the Earl innocent of Perjury which they could get nothing by So that the Noble Lord Lorn is become the Forlorn late Earl of Argyle yet the Earl not to be wanting to himself in this deplorable State next day but one viz. December the 15th by a Friend humbly intreated to speak with the Duke who returned Answer It was not ordinary to speak with Criminals except with Rogues on some Plot where Discoveries might be expected By this you may see what Spirit governed this Prince and what might be expected from him if he became King The next Day after the Earl's Sentence viz. December the 14th the Council gave the King notice of it and expected his further Pleasure now the Work is done to his Hand but it seems his Highness was very impatient till he had the Earl's Blood for he said If the Express from the King came not timously he would take upon himself what was to be done by which you may see what an Ascendency the Duke had over the King However the Earl upon the sixteenth petitioned the Duke that he might send a Petition to the King which was refused Things brought to this Extremity and the Earl hearing that some Troops and a Regiment of Foot were to be brought down from the Castle to the Common Goal from which Criminals were usually brought to Execution he resolved to try to make his Escape and the rather because about seven at Night he had notice that new Orders were given for further securing him and that the Castle Guards were to be doubled and that none were suffered to go out without shewing their Faces and therefore a Friend advised him not to attempt it No said the Earl now is the Time and so he attempted it and it pleased God he escaped Hereupon the Lords of Assize upon the twenty third of December pronounced the Earl guilty of the Crimes of Treason Leasing-making and Leasing-telling for which being detained in the Castle of Edinburgh out of which since the Verdict having made his Escape therefore they adjudged the said Earl to be executed to Death and his Name Memory and Honours to be extinct and his Arms to be riven forth and delete out of the Book of Arms swa that his Posterity may never have Place nor be able hereafter to bruick or joyse any Honour Offices Titles or Dignities within this Realm i● time coming and to have forefaulted all his Lands and Tenements c. But tho the Earl be escaped out of Prison whereto shall he flee For Terras I 'am sure Britannicas Astraea reliquit he had some thoughts of casting himself at the King's Feet but those soon vanished for the same Counsel which governed in Scotland raged all England over and so privately he passed into Holland where for some time we leave him and see what 's doing in England Mr. Hawles in his Remarks upon Fitz-Harris's Trial F. 18. out of Tully's Offices lays this down for a Rule That nothing is profitable but what is honest for which Tully gives many Reasons but nothing so convincing as the Examples he brings in publick and private matters and tho the Empire was vast and he bore a great Figure in it and was very knowing in the Greek and Roman Histories yet was he not able to bring a hundredth Part of Examples to prove his Position as had been in this little Island in the space of eight Years And in his Preface gives six Reasons for the Disaffection to the late Government viz. Exorbitant Fines cruel and illegal Prosecutions outragious Damages dispensing with the Test and penal Laws and undue Prosecutions in criminal but more especially in capital Matters But these I take to be the Effects of those Councils which governed in England ever after the King's Restoration tho they did not so manifestly appear till the Duke was sent into Scotland and after the Dissolution of the Parliament at Oxford and for these first six Years after the Dissolution of the Parliament at Oxford the Tories in England as well as in Scotland were the Tools which the Popish Faction made use of for carrying on their Designs then they were laid by and the Whigs set up as they thought to finish the Work The Tories were so far from being suppressed by the Proceedings of the Commons against them last Westminster Parliament that they only so much more irritated them against the Whigs after the Dissolutions of the last Westminster and Oxford Parliaments and this was what the Popish Party desired The King's Declaration signed Francis Gwyn was not only obeyed by the Tories but entertained with unexpressible Joy and celebrated with manifold Returns of Thanks to his Majesty and now nothing but Halcyon Days were expected and an absolute Dominion over the Whigs and the King to gratify the Tories in their Jollity and after the Bill for repealing the Act of 35 Eliz. was taken out of the House of Lords before it was passed which little sorted with the King's Declarations of Indulgence has this Law now put in Force against the Dissenters and prosecuted with that Violence that many thousands of Families
of Luxemburgh from the Spaniard notwithstanding the late Treaty of Mutual Assistance between the King and Spain and had encreased his Men of War at Sea to be more and greater than those of the King 's and his New-found-land Fishery to be twenty fold more than it was 1660. and the English fallen not to 1 ● of what it was yet in this dreadful State the Feuds of Whig and Tory no ways abated and both so stupid as if neither were concerned in this Design common to them both But though this most religious and gracious King for so the Tories will have him to whom all their nonsensical Doctrine of Passive Obedience is due had by the help and indefatigable Industry of the Tories laid this Foundation for the Ruine and Destruction of this Church and State yet he lived not to compleat this goodly Structure for he died upon the sixth of February 1684-85 it may be the sooner because he made no more haste to do it in the thirty seventh year of his Reign computing it from his Father's Death after he had lived fifty four Years eight Months and eight days The Character of King Charles II. HIS Person was of a very well composed Structure tall above the ordinary Stature of other Men not much much more resembling his Grandfather Henry IV. of France by his Mother than his Father or his Grandfather King James And as in his Person he more resembled Henry than either his Father or Grandfather James so did he in his Humours for both had lively and pleasant Wits and would be wondrous facetious and pleasant with those which humour'd them in their Pleasures and were of free Access whereas King Charles the Father was grave and severe in his way hard of Access and that by such strained Terms of Submission as were never heard of before in England and I believe no where else and King James was slovenly in his Behaviour and more servile to his Favourites than they to him Like his Grandfather Henry Charles gave himself up to all sensual Pleasures without any Controul but unlike his Father who was temperate and chaste Like his Grandfather Henry in Profession of his Religion for both seemingly professed that which neither believed Unlike his Father who while he did what he would was severely addicted to what he professed Unlike to his Father and Grandfather Henry in Covetousness but like his Grandfather James in profuse Prodigality to his Favourites but unlike his Father and Grandfather Henry in Parsimony ill becoming so great Kings like his Father and Grandfather James in laying the Foundation of the Ruin of the Grandure of England abroad and the Church and State at home unlike his Grandfather Henry who laid the Foundation of the Grandure of France Tho Henry and Charles were esteemed Clement and Merciful Princes till the Rage of the latter end of Charles's Reign yet both were most vindictive against any who reproached their licentious Liberty in their lustful Pleasures as appears by Henry's putting the Duke of Biron to Death more as Sir Walter Raleigh observes for the Taunt he gave when Henry brought Madam Gabriel to the Siege of Amines That she was the Fortune of France than for Biron's Conspiracy with the Duke of Savoy and by that of cutting off Sir Coventry's Nose for the Report which was of Sir John that he asked the Question Which of the King's Favourites Men or Women Unlike to both Father and Grandfather James Charles was to his own Cousin-German the Elector-Palatine for they both at least seemingly endeavoured to have restored the Prince's Father to his Country after he was dispossessed of it by the Emperor and King of Spain whereas after this Prince was restored to a part of it by the Treaty of Munster this King without any Offence or Provocation given him by the Elector assisted the French to ruin and destroy it But he 's gone God knows by what means and the Possession of the Crown takes away all Attainders And now he 's gone he left the Nation more vitiated and debauched in their Manners than ever it was before by any other King having not only squander'd away the antient Revenues of the Crown which were esteemed sacred and which should have supported it against foreign Force and intestine Discord but left such a Debt upon it as never before was heard of nor contracted by such means having prostituted the Majesty of his Crown in becoming a Pensioner to France and advancing that Interest to be as formidable and dangerous to the rest of Christendom as to his own Dominions and embroiled 〈◊〉 Subjects in intestine Feuds and Discords as if thereby he designed them an easy Prey to the French and Popish Interest and having by Bribery and Corruption so vitiated all publick Offices both Sacred Civil and Military that they became habitual and so fix'd that it would become difficult if possible to reform them And as this King's Actions were little and dark so was his Funeral for never any King who died possest was so obscurely and meanly buried hurried in the dead of the Night to his Grave as if his Corps had been to be arrested for Debt and not so much as the Blue-Coat-Boys attending it his Brother then King shewing as little Gratitude to him for all his Favours as he had done to the Nation for all their Loyalty and incredible Sums of Money poured upon him And as his Father and Grandfather had not a Stone to cover their Graves thereby to preserve their Memories in future Generations so neither had he nor any of his Name hereafter is like to have as King of England But now he is gone all the dreadful Presages of the four last Parliaments are come upon the Nation and nothing left to secure the Nation 's Fears unless that the Crown being so in Debt and the Excise for the King's Life dying with him the Parliament would not be so prodigal of their Bounty as to grant this King's Successor such a Revenue which might enable him to attain his Ends by the Ruin of the Church and State of England The Good Deeds of King Charles II. 1. HIS dispensing with the Act of Navigation in the first Dutch War whereby he was enabled to continue the War against the Dutch two Years longer than he did and the Dutch otherwise might have fired the Ships in our Harbours a Year sooner and forced the King to a more inglorious Peace than that he made in the Year 1667 whilst the Parliament in the Temper it was in sat still and took no notice of these things Objection If the King has Power to dispense with the Act of Navigation by the same Reason he may dispense with other Laws and so the Laws of the Nation will be loose and subject to the King's Will at his Pleasure Answer I. I wish all Legislators in passing Laws would be of another Temper than when the Rump made this Law which was in spight of the Dutch without
It was by two Judges only and but two Arguments upon it and no Reason given of it And Thirdly it was ushered in but two Days before by pretending the discovering of a Plot to amuse the Nation so as no Man presumed to take notice of the Legality of this Judgment for fear of being prosecuted for Arraigning the Justice of the Nation and flying in the Face of the Government Hereupon Swarms of the richer Sort of Corporations surrendred their Charters and took new ones as the King pleased and paid dear for them and the King in return of their Kindness granted them new Fairs and Markets but tho the richer Sort of the Corporations could pay the Keeper North and Attorney Sawyer sound Fees for their Purchase yet a Multitude of the meaner Sort could not come to their Price and without Money no New Charters could be had which put a Rub to the compleating this Work in King Charles his time yet the good Will of the Members of these petty Corporations was not less The King's Care for the Knights of Shires was less than for the Corporations for the Sheriffs Lords and Deputy-Lieutenants and Justices of Peace being of the King's Nomination and the Tory Party having perfectly subdued the Whigs the King by the same Power which made North and Rich Sheriffs could have what Knights of Shires he pleased King James made good his Word he promised his Privy Council that he would never depart from the just Rights and Prerogatives of the Crown of which no Question is to be made but those which his good and gracious Brother had left him possest of were the principal and how hasty soever he was after in his Actions yet he took great Care how to exercise the Prerogative his Brother assumed in modelling Corporations to improve it to his utmost Advantage and therefore though his Brother died upon the 6th of February 1684-85 yet no Parliament met till the 19th of May and then they did not sit to act before the 28th which is much more than threefold the time from the issuing out of the Writs and the 40 Days of their Meeting In the mean time all Hands are set on work to chuse such Members as should do the Court's Work they were sure enough of such Corporations as had surrendred their Charters and bought new ones the beggarly ones which could not come up to the Price of renewing their Charters were graciously promised to have new ones Gratis as they after had if they behaved themselves well in the Choice of their Members The Lords and Deputy-Lieutenants were as imperious in the Choice of Knights of the Shire as my Lord Mayor was in the Choice of North and Rich for Sheriffs But that we may take a better View of the Acts of the Parliament of King James it 's fit to consider how the Case stood with the King King James while he was Duke of York was observed to be constant to his Word and a true Friend which made him more courted than his Brother he had a Revenue of near 150000 l. per An. and was a frugal and careful manager of it and this he brought as an Accession to the Crown when he became King K. Charles had more built and better furnished his Royal Palaces which he had not given away than any King of England before and the Parliament about six Years before his Death had given him 600000 l. for building thirty new Men of War to make his Fleet more formidable than that of the Dutch or French King and the Nation in Peace unless among our selves so that it might have been reasonably expected a much less Revenue than what King Charles had added to that of the Duke's might have supported the ordinary Expence of the Crown if no extraordinary should happen Notwithstanding all this the King upon the 28th of May told the Members such as they were the same things he told his Privy Council that he might not seem to have said it by chance and in return thereof he expected they should settle his Revenue because he had taken it without them during his Life as it was in the time of his Brother for the Well-being of the Government which he must not suffer to be precarious which I believe was the first time any King of England so caressed a Parliament but these if they were worthy to be called a Parliament being made to his Hand the King might do and say to them what he pleased Before the Kings of the Scotish Race came to bear rule over us the Methods of Parliaments were to represent the Grievances of the Nation and upon Redress of them the Parliament gave the King a Gratuity which before the 35th of Queen Elizabeth did never exceed one Subsidy and two Tenths of Fifteenths and the King in return granted an Act of Pardon to his Subjects Thus a mutual Correspondence was entertained between the King and Kingdom But when King James the first came to the Crown the representing the Grievances of the Nation by his disorderly Reign was Language intolerable to him so that of four Parliament which were all he had in his Reign in the last he boasted He had broke the Neck of three of them and his Son broke the neck of the four first Parliaments of his Reign yet such was the Temper of those Times that to humour th●se Princes the Parliament of 18 Jac. I. and the 1st Car. I. altered the Methods of Parliament and that of the 18th gave King James two entire Subsidies and that of the 1st Car. I. gave King Charles two entire Subsidies before Grievances were redressed King James I. in return of their kindness not only brake the Neck of the Parliament but committed many of the worthiest Members close Prisoners to the Tower for pre●●ming to debate them King Charles did not commit any Members of this Parliament tho he did in his 3d and 4th Parliament but brake the Neck of the Parliament rather than they should enquire into the Duke of Buckingham's Actions and the imbezelling the Monies given by the Parliament for the Support of the Palatinate Heretofore Grievances were in the Nation whereas at the Death of King Charles the II. the whole Nation was in a most grievous and dangerous State which the Parliament of King James if it be worthy to be so called took so little notice of that instead of representing the State of the Nation to King James they without redressing any gave him a Revenue to enable him to ruin Church and State upon the Foundation which his Brother had laid The 1st Act was to settle the Customs and temporary Excise upon the King as it was settled before upon his Brother but the King had little reason to thank them for that for he took both before they gave them and called them by that Title His Revenue The 3d Act was an Imposition upon Wines and Vinegars imported between the 24th of June 1685 until the 24th of June
1693 towards a Supply for Repairs of the Navy and providing Stores for the Navy and Ordnance and other his Majesty's weighty and important Occasions They shall soon find the weight and importance of his Majesty's Occasions But this was not the only Reason the Customs which were 800000 l. per annum as granted to his Brother and a greater Revenue than any King of England except the religious Houses granted to Henry the VIII had before would have done this They add their thankful Acknowledgment of his Majesty's favourable and tender regard of his Commons They had but little experience of it yet and shall find less afterward The 4th Act grants in Imposition upon all Tobaccos and Sugars from the 24th of June 1685 to the 24th of June 1693 for the Repairs of the Navy and providing Stores for the Navy and Ordnance and the payment of Debts due to his late Majesty's Servants and Family and other the King 's weighty and important Affairs But this Act being represented to be dangerous to the Trade of our Plantations some of the Members said for the King if it succeeded so the King promised not to collect them so the Act passed But the Plantations being sore oppressed by this Act claimed the Benefit of the King's Promise but were answered It was Insolence in any Subject to challenge the King of his Promise which was all the Benefit they reaped by it The 5th Act granted the King an Imposition on all French Linens and all East-India Linen and several other Manufactures of India and French wrought Silks and Stuffs and all Brandies imported from the first Day of July 1685 to the first day of July 1690. The reason of this Act was the Duke of Monmouth's Rebellion and the Acknowledgment of his Majesty's favourable and tender regard of his Commons And that there might be a nearer Conjunction between the King and his dear Brother of France for carrying on their great and important Affairs the Parliament repealed the Prohibition of French Wine Vinegar Brandy Linen Cloth Silks Malt Paper or any Manufactures made or mixed with Silk Thread Wool Hair Gold or Silver or Leather being of the Growth and Manufacture of France by the 29th and 30th of King Charles the Second The 9th Act enables the King to make Grants Leases and Copies of Offices Lands Tenements and Hereditaments of the Dutchy of Cornwal or annexed to the same and if this were not enough it confirms the Grants already made so that all the sacred Patrimony of the Crown which was not squandred away by his Brother this King is intituled to do by Law Yet after all this that this good King might be at no unnecessary Charges the 10th Act makes provision for necessary Carriages for him in his Royal Progress and Removal how grievous soever to the Subject The 11th Act provides Carriages by Land and Water for the use of his Majesty's Navy and Ordnance And after all this the 12th Act grants the King five Shillings per Tun extraordinary upon every Voyage which any Foreign Ship shall make from Port to Port in England and twelve pence per Tun for every Voyage which a Foreign built Ship not free shall make I have heard this Revenue with the Hereditary Excise and the other Revenues of the Crown computed at 2400000 l. per Ann. to which Revenue if you add 150000 l. per Ann. which the King had when he was Duke of York the whole will amount to two Millions five hundred and fifty thousand Pounds per Ann. which was threefold more than ever any King of England except Hen. VIII had before this King's Brother But Quorsum haec for except the Tumult which the Duke of Monmouth raised the Nation was at Peace abroad so that by granting the King this Revenue one of these two Consequences would necessarily follow either the King might maintain an Army of forty thousand Men to ride the Nation as he pleased or if he would contract his Expence to 700000 l. per Ann. which I say was a greater Revenue than ever King of England except Hen. VIII had before his Brother he might in less than seven years time hoard up more Money in his Exchequer allowing ten Millions to be in England than was in the Nation and thereby render the Nation in as bad a State as Egypt was in the Reign of Pharaoh in the seven Years Famine when the Egyptians were forced to sell the King their Land to buy them Bread Now let 's see to whom this Revenue was given and who gave it This King was a profest Jesuited Papist whose Principles are That not only the Givers of this Revenue but the whole English Nation except the Popish Faction are Schismaticks Sacrilegious Persons and Hereticks with whom no Faith is to be kept and could any Man believe this profuse Donative which these Men gave who called themselves a Parliament could change the King's Nature and the Principles of the Jesuits which forsooth must be infallible so that the King should neglect these and imploy this Revenue for the benefit of Schismaticks Hereticks and Sacrilegious Persons And if in all free Assemblies a Violence or Contempt upon any one who hath a Right of Suffrage invalidates all the Acts of that Assembly what then shall be deemed of this House of Commons where such Violences were offered in the Election of the Knights of Shires and where so many Corporations were either over-aw'd to surrender their Charters or had perfidiously against their Oaths given them up to take new ones as the King pleased And if the first Act of Henry IV. repealed all the Acts of the 21 Rich. II. because they intrenched upon the fundamental Rights of the Nation I 'm sure there is more Reason for the Parliament to repeal the Acts of this pretended Parliament where so many Violences and Frauds were done before their Assembly which we do not read were done before the Parliament of 21 Rich. II. met And as this grave Assembly heaped such a Revenue upon the King without redress of one Grievance so they took no care to secure the Nation by a general Act of Grace or Pardon for time past but left all to the King 's good Nature who had promised to imitate his good and gracious Brother but especially in his great Clemency and Tenderness to his People And now the Parliament had done the King's work they had done their own too and for the time to come he will do what he pleaseth without them yet at present he only prorogued them till November following when they shall hear more of his Mind And now 't is time to see what the King acted between The first Act of Gratitude which the King testified to the Memory of his good and gracious Brother was his obscure and mean Burial of him as you have heard before And after the King had defeated the Tumult raised by the Duke of Monmouth his next Act of Gratitude to his kind Brother was to
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
so in Extreams yet his Actions so diametrically opposite to his Profession Here you see a Jesuited Prince pleading for Liberty of Conscience to the breaking down the ●aws which before he had so often professed to maintain and for such a sort of Men whom but little before he had slaughter'd banished and imprisoned as if he had designed to extirpate the whole Race of them If to reconcile these to Truth or Reality be not as great a Miracle as is in any of the Popish Legends I 'll believe them all and be reconciled to the Roman Catholick Church how inconsistible soever the Terms be The generality of the Protestant Dissenters having for near seven years together been so severely treated by the Tories were as forward to congratulate the King for his Indulgence in manifold Addresses as the Tories were in King Charles his time in their Addresses of Abhorrence to petition the King to call a Parliament to settle the Grievances of the Nation However this Declaration was so drawn in the sight of every Bird that of my knowledg many of the sober thinking Men of the Dissenters did both dread and detest it That this Declaration might be more passable Popish Judges were made in Westminster-Hall and Popish Justices of the Peace and Deputy-Lieutenants all England over the Privy Council was replenished with Popish Privy Counsellors the Savoy was laid open to instruct Youth in the Romish Religion and Popish Principles and Schools for that purpose were encouraged in London and all other Places in England Four Foreign Popish Bishops as Vicars Apostolical were allowed in Ecclesiastical Jurisdiction all England and Wales over From instructing the St. Omers Boys how to behave themselves in their Evidence to prove Oates was at St. Omers all April and May in 1678 my Lord Castlemain is sent Ambassador to the Pope to render the King's Obedience to the Holy and Apostolical See with great hopes of extirpating the Northern pestilent Heresy In return whereof the Pope sent his Nuncio to give the King his Holy Benediction yet I do not find that he beforehand sent for Leave to enter the Kingdom as was observed by Queen Mary Henry VIII and before The Judges in their Circuits had their private Instructions to know how Men were affected with the King 's Dispensing Power and those who were disaffected to it were turned out from the Lieutenancy and Commission of the Peace Justice Judgment and Righteousness support the Thrones of Princes but these were Strangers to this King's ways other Means must be found out to support and carry them through a standing Army is judged the best Expedient and as the King told the Parliament at their second Meeting he had encreased his Army to double what it was before so he made his Word good that he would employ Men in it not qualified by the late Tests and to this end Tyrconnel having disbanded the English Army in Ireland qualified by the Tests sends over an Army of Irish not qualified by the Tests to encrease the Army in England This Army thus raised against Law committed all manner of lawless Insolences though the King by several Orders would have had their Quarters restrained to Victualling-Houses Houses of publick Entertainments and such as had Licences to sell Wine and other Liquors the Officers too when they pleased would be exempt from the Civil Power And though the King had no other Wars but against the Laws and Constitutions of the Nation yet he would have the Act of the 1 2 Edw. 6. 2. which makes it Felony without Benefit of the Clergy for any Souldier taking Pay in the King's Service in his Wars beyond Sea or upon Sea or in Scotland to desert from his Officer to extend to this Army thus raised by the King And because the Recorder of London Sir J. H. would not expound this Law to the King's Design he was put out of his Place and so was Sir Edward Herbert from being Chief Justice of the King's Bench to make room for Sir Robert Wright to hang a poor Souldier upon this Statute and afterward this Statute did the Work without any further dispute Thus this Prince did not only assume a Power to controul the Laws of the Nation at his pleasure in Civil Affairs but when he pleased made them bend to his Will to establish an illegal Army and countenance the Effusion of Christian Blood but you 'll soon see God will blast these ungodly Ways and that not the Arm of Flesh but Judgment Justice and Righteousness establish the Thrones of Princes Thus Affairs stood in England Scotland and Ireland in the year 1687. wherein I suppose no History mentions so great and violent Alterations in so little time as in this King's Reign all tending to introduce a Foreign Power and to enslave the Nation yet so patiently endured by it but the Dangers of these Designs were not circumscribed within the bounds of this Nation but extended into France where for above twenty years a Conspiracy was carried on for promoting these Designs thus far advanced so that the Year 1688 had a much more terrible Aspect upon England than the Year 1588 had when Philip the II. designed the Conquest of it for then the Nation was firm and intire for its own Interest whereas this Year it was not only torn in pieces by internal Discords but had an Army and Fleet designed to join with the French King in propagating his boundless Ambition not only upon England but upon the Empire of Germany Spain Holland the Duke of Savoy and other Princes of Italy About the beginning of the year 1688 a Gentleman of High Jesuited Principles told me The States of Holland were Rebels against the King of Spain and that I should soon see the King of France would call them to an Account for it and humble them and that the French King would assist our King with Men of War I took more heed to this because I knew that he was frequently visited by several Jesuits in whose Counsels I believe the French King's Designs this Year were locked up for my Lord of Sunderland in his Letter recited in the History of the Desertion fol. 32. protests he knew nothing of a League between the King yet you will see it come out another way But my Lord of Sunderland says that French Ships were offered to join with our Fleet which was refused however this shews there was a Design contriving by these Princes yet at present the Affairs of France seemed to look another way and a French Fleet and Souldiers in them are sent to Canada the Design and Success you will soon hear of The King having thus as he thought laid a Foundation tho it proved a very Sandy one of his Designs and to shew how Absolute he would be in them upon the 4th of May passed an Order in Council that his Declaration of Indulgence should be read in all Churches and Chappels in England and Wales in time of Divine
the Merchant shall forfeit his Cargo if he make a false Entry and who then will run the danger when he is like to get nothing by it whereas if the whole Cargo be charged if a Merchant scapes but once he will be no loser if he be discovered the next time he runs his Goods Expedient XVI That it be free to the English to import Salt Wines and Brandies in any Vessels The Reason of this is because our English Navigation is so dear that the Dutch import these much cheaper than the English can and therefore can export them into other Countries cheaper whereby the English cannot so well compound their Fraight in the Northern Vent of our Manufactures as the Dutch whereas if the English were free to import Salt Wines and Brandies in any Vessels all the Manufactures of England might be vended from their next Ports and not by a tedious and chargeable Land-carriage brought up to London to be fraighted from thence And this benefit the Nation has naturally above the Dutch herein that as our Woollen Manufactures are better than those in Holland and may be cheaper than there so we can compound Fraights with Lead and Tin which the Dutch have not and can ballast the Ship with Sea-coal cheaper than the Dutch can Object If the English should freely import Salt Wines and Brandies we should undo all our Mariners and Shipwrights Answ What this again and at large So that unless you undo the Nation you cry out You are undone but if you will do as well as other Men you need not complain for the English would imploy you before any other But must the Nation be undone because you are either ignorant and will not or have not means to serve the Nation Now let us see how far these Men would be undone if the importation of Salt Wines and Brandy were free for the English in any Vessels If Salt were freely imported we should be so much better enabled to cure Fish in all our Fisheries and also in salting Provisions in all our Navigations as well as the Navy Royal upon Occasions and be enabled to refine Salt so much cheaper as Salt imported is cheaper And what are the Ship-Carpenters hereby hindred for they never built one Ship for this Trade nor know how to build any other way than for the New-Castle Trade which is free both to imploy their Shipping and Mariners and therefore neither would be undone if the Trade to import Salt by the English were free to do it in any Vessels For the Trade for French Wines it is but three Months in the Year viz. October November and December and these the most perillous of all the Year for Navigation and in the most rude and boisterous Seas in the World and the outward Vent to France no ways proportionable but less by the Returns of the Wines and what would be the Loss to the Nation if these Ships were not thus endangered by this Voyage or the Mariners not imployed in it The Reasons for the Import of Portugal Spanish and Italian Wines are not the same with the French but if it were lawful for the English to buy Ships for the foreign Vent of our Manufactures and the Product of our Plantations the English hereby might in Return of their Trades import Salt Wines and Brandies cheaper from thence than the Dutch can and if these were free to be imported and exported I see no Reason why we might not reduce the Dutch to as low a Trade to the Sound and to Muscovy as they were before the Year 1635 and in a great Measure recover the Loss of these Trades Expedient XVII That no Duties be withdrawn upon the Export of dying Stuffs and unwrought Sugars from our American Plantations The Reason hereof is that the Manufacturing of any Commodities is so much more valuable to any Place by the Imployment of the People as the thing manufactured is more valuable than the Principals as it may be Wool which is the Price but of one Shilling if made into Cloth may be of eight Shillings value then seven Shillings will be Advantage to the Nation by Imployment of the People and if otherwise it were not wrought these People might be a Burden to it And the dying of Woollen Cloths and silken Manufactures is the best Imployment for our Midland People next the making of them and by withdrawing half the Duties upon dying Stuffs we entitle the Dutch Hamburgher and French to dye Woollen Cloths and Silks cheaper than we can The same Reason is of withdrawing half the Duties upon unwrought Sugars for hereby the Dutch and French may refine them cheaper than the English can and thereby make them cheaper to themselves and exclude us from the foreign Vent of our refined Sugars as much to their enriching and encrease of Navigation as to our Loss in both Expedient XVIII That it be free for all Nations to import Pitch Tar Masts Boards Raff and all Sorts of Timber and rough Hemp and Flax into all the Ports of England and Wales without paying any Duties The Reason of this is hereby the English if they can get Hands may fit up Vessels not only for the Fishing Trades but for all other Foreign and Domestick Trades and so far as Foreign Timber be imployed in building Ships we may build as cheap Object 1. The King by this will lose considerably in his Customs Answ It may be so but hereby he will gain threefold more in building repairing and fitting up his Navy Royal as I remember when in 1667 after the burning of the City of London Endeavours were used to procure these to be freely imported for the Benefit of rebuilding it upon Search the Duties upon Pitch Tar rough Hemp and Flax in all England did not amount to 1700 l. per Ann. and that very Year the King granted the Customs upon Masts Boards and Timber to Sir Robert Paston after Earl of Yarmouth only reserving to himself as I remember 2600 l. per Ann. the greatest part whereof was afterwards begg'd How it stands now I know not Object 2. If this Importation be free we shall undo our Norway Merchants and Traders to Liefland and Prussia Answ And why undone They are not excluded from trading hereby But suppose these Traders be twenty and they cannot or will not supply the Kingdom so cheap as others shall the Interest of the Nation by imploying above it may be 100000 poor People in these all the Year round and we hereby be enabled at least to fit Vessels in all our Navigation as cheap as the Dutch and cheaper than the French be postponed to the Interest of twenty particular Men who by this are no ways hindred in their Imployment if they do it as well as others Expedient XIX That all Foreigners may be free to exercise any Mystery in any Art in any Place in England The Reason of this is because if the Nation had all the Benefits proposed in these Expedients and
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
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
shall see how a little French Artifice could work upon the Conscience of our wise and pacifick King which we will give verbatim as the King says it in return to the French King and which you may read in Mr. Howel's Life of Lewis XIII fol. 63. Most High most Excellent and most Puissant Prince OUR dear and most beloved good Brother Cousin and antient Ally Altho the deceased King of happy Memory was justly called Henry the Great for having reconquer'd by Arms his Kingdom of France tho it appertained to him as his proper Inheritance so here King James determined his Title to France yet you have made a greater Conquest for the Kingdom of France though it was regained by the victorious Arms of your dead Father it was his de Jure and so he got nothing but his own but you have lately carried away a greater Victory having by your two last Letters so full of cordial Courtesies overcome your good Brother and antient Ally and all the Kingdoms appertaining to him for we acknowledg our Self so conquered by your more than brotherly Affection that we cannot return you the like only we can promise and assure you upon the Faith of an honest Man that you shall always have Power not only to dispose of our Forces and Kingdoms but of our Heart and Person and also of the Person of our Son if you have need which God prevent praying you to rest assured that we shall not only be so far from cherishing or giving the least Countenance to any of your Subjects of what Profession soever of Religion who have forgot their natural Allegiance to you but if we hear the least inkling thereof we shall send you very faithful Advertisement and you may promise your self that upon such Occasion or any other which may tend to the Honour of your Crown you shall always have Power to dispose of our Assistance as if the Cause were our own So upon Assurances that our Interests shall be always common we pray God most High most Excellent most Puissant Prince our most dear and most beloved Brother and Ally to have you always in his most holy Protection Newmarket the 9th of February 1624. Your most affectionate Brother Cousin and antient Ally James K. So prodigal was King James of his Promises and so negligent in their Performance whether they were in his power or not Now let 's see what became of this bluster of Words and how the Interest of King James was common in this very Treaty with the most High most Excellent and most Puissant Prince his most dear and most beloved Brother Cousin and Ally Lewis Lewis whilst King James was intent upon his Pleasures and pursuing the Spanish and French Matches had taken almost all the In-land Cautionary Towns which the Reformed held in France and about the Beginning of this Treaty by the Interposition of his Mother had made Cardinal Richlieu prime Minister of State who shall serve her as Buckingham shall serve the Arch-bishop of Canterbury and Laud his Patron Williams Lord Keeper and to Richlieu did Lewis commit the Management of this Treaty another-guess Minister of State than Olivares was in Spain and shall pay Buckingham his own again with Interest Nani lib. 5. fol. 205. observes of Richlieu that the King had no Inclination to him there being a certain natural secret Aversion to those who with an Ascendant of Wit exceed Sure it is the Cardinal possessed rather the Power of Favour than the Favour it self nevertheless he had the Great Art how to fix the mutable and suspicious Genius of the King and the inconstant Nature of the People governing as with a supream Dictatorship the one and the other even to his Death Richlieu had his Eyes in all the Corners of the Court of England and was throughly informed of the King's Fondness of this Match and of the Insufficiency of Buckingham to encounter him in the Transactions of it and therefore how sweetly and desiredly soever the Proposition was embraced in France yet in the Treaty Richlieu stood upon his Tip-toes now that of Spain was broke off In the first place he would not abate one Iota of the Articles of Religion and Liberty to the Popish Recusants which was agreed upon in Spain nay he raised them higher for it was but sit he said His Master who was the eldest Son of the Church should not abate any thing of what was granted to the Catholick King if there had been nothing else this would have caused another stinging Petition from the Commons as the King called it if ever they had met again And though her Portion was but 800000 Crowns not one tenth of the Infanta's yet the Consideration of it must be 18000 l. per Ann. Jointure which her Son encreased to 40000 l. and besides the King James shall give her 50000 l. in Jewels whereof she shall have the Property as of those she has already and also of what she shall have hereafter The King also James shall be obliged to maintain her and her House and in case she come to be a Widow she shall enjoy her Dowry and Jointure which shall be assigned in Lands Castles and Houses whereof one shall be furnished and fit for Habitation and the said Jointure be paid her wheresoever she shall desire to reside she shall also have the free Disposal of all the Benefices and Offices belonging to the said Lands whereof one to be a Dutchy or County And in case she survive her Husband her Dowry shall be returned to her entirely whether she live in England or not and in case she die before her Husband without Children the Moiety of her Portion to be returned yet this Portion must one half be paid the Year after the Contract the other half the Year after that Having taken a view of the Temporal Articles of this Treaty let 's see what was agreed to in those which referred to Religion The Articles of Marriage of the King of Great Britain with Madam Henrietta Maria of France THIS Negotiation was so happy that it caused the King to consent to all the Articles which were demanded for the Catholicks and that his Majesty gave Charge to his Ambassadors to agree to them they signed them with the Cardinal at Paris the 10th of November 1624 with these Considerations That Madame the King's Sister should have all sort of Liberty in Exercise of the Catholick Apostolick and Roman Religion and all her Officers and her Children and that they should have for this Purpose a Chappel in all the Royal Houses and a Bishop with 28 Priests to administer the Sacraments and the Word of God and to do all their Offices That the Children which should be born of that Marriage should be nourished and brought up by Madame in the Catholick Religion until the Age of 13 Years That all the Domesticks which she should carry into England should be French Catholicks chosen by the Most Christian King and when they died
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
so grave an Author as the Bishop of Litchfield had not reported it in the Bishop of Lincoln's Life See the second Part fol. 138. The Writs for Ship-Money are now issued out the Proceedings against the Officers for not collecting the Assessments as Constables Bayliffs and other Officers were to bind them over to answer at the Council-board and Commitment if any refused to give Bond but if Sheriffs neglect to collect all such Assessments in their Year they shall stand charged with the Arrears Thus things at present stood but the breaking the Bounds of the Forests was but in Embrio yet in a hopeful Production Thus things stood in the State about the end of the Year 1634. In the Church the Arch-Bishop had the sole Supremacy not only in England but in Scotland having got a Warrant from the King to hold Correspondence with the Bishops and also in Ireland being chosen Chancellor of the University of Dublin and having got Sir Thomas Wentworth to be Lieutenant of Ireland who was now as much his intimate Confident as Noy was before In England the Arch-bishop's Injunctions for wearing the Surplice receiving the Sacrament kneeling and placing the Communion-Table Altar-ways and railing it about c. were vehemently prosecuted with the opprobrious Names of Puritan and Schismatick fixed upon Nonconformists with Deprivations and Censures upon Lecturers and Chaplains who refused to come up to them if they did they must forsake their Patrons Patronesses and Flocks who provided them Bread so that they contended pro Aris Focis and otherways no Provision was made for them On the contrary they retorted on the Bishops and promoted Clergy with bitter Terms of Popishly affected and Rags of Superstition and Idolatry so that the Contentions all over the Kingdom were as fierce as in the Universities But it had been happy for this Nation if the Effects of these Contentions had been terminated in the Bounds of it For the Arch-bishop in his Metropolitan Visitation this Year 1634 summoned the Ministers of the Dutch and French Churches to appear before his Vicar-General where all the Natives viz. born in England were enjoined to repair to their several Parish-Churches to hear Divine Service and Sermons and perform all Duties and Payments required in that behalf The Descendants of those Walloons persecuted by Alva and of the French by Henry II. of France had for near ninety Years been allowed their several Congregations by Queen Elizabeth King James I and had the Royal Word of King Charles for enjoying of them But now at once they must be turn'd out of them When these Injunctions were to be put in Execution at Norwich the Dutch and French Congregations petitioned Dr. Matthew Wren that these Injunctions might not be imposed upon them but finding no Relief appealed to the Arch-bishop who return'd a sharp Answer that unless they would submit he would proceed against them according to the Laws and Canons Ecclesiastical Here take notice that as the Spanish Trade was the most enriching Trade to this Nation so the Trade to Hamburg and the Countries and Kingdoms within the Sound with our Woollen Mafactures was the best the English had for Employment of People Shipping and Navigation The Company which traded into the Sound was called the East-Country Company and Queen Elizabeth and after her King James to honour them called it the Royal Company This Trade the English enjoyed time out of mind and the Cloths which supplied it were principally made in Suffolk and Yorkshire And Ipswich as it was the finest Town in England and had the Noblest Harbour on the East and most convenient for the Trade of the Northern and Eastern Parts of the World so till this time it was in as flourishing a State as any other in England The Bishop of Norwich straining these Injunctions to the utmost frighted thousands of Families out of Norfolk and Suffolk into New-England and about 140 Families of the Workers of those Woollen Manufactures wherewith Hamburg and the Countries within the Sound were supplied went into Holland where the Dutch as wise as Queen Elizabeth was in entertaining the Walloons persecuted by the Duke of Alva established these English Excise-free and House-Rent free for seven Years and from these the Dutch became instructed in working these Manufactures which before they knew not The Consequence whereof shall be shewn hereafter But the Care of the Arch-bishop for Reformation of the Church of Scotland was not less than for that of England and to that end got the King to sign a Common-Prayer Book for the Use of the Church of Scotland and gave order to the Bishops there to compile certain Canons for the Government of the Church and there to be imposed by Regal and Episcopal Authority and to this end Laud held Correspondence with the Arch-bishop of Saint Andrews and other Bishops of Scotland Whilst these things were brewing in England and Scotland you need not fear Ireland now Sir Thomas Wentworth was Lieutenant there a most dreadful War overspread Germany and Philip the 4th a weak lascivious Prince reigned in Spain so as Richlieu had a fair Opportunity to subdue Monsieur the King's Brother and overthrow the Forces raised by the Duke of Momerancy to assist Monsieur wherein the Duke was unhappily taken Prisoner and had his Head cut off being a young Prince of greatest Hope the most antient of the French Nobility and the last of his Line But the Cardinal did not rest here but built more and better Men of War than had been before in France and Spain shall first find the Force of them in return of their Kindness in joining their Fleet with the French in relieving St. Martins in the Isle of Rhee besieged by the English And this Year 1634 Richlieu trickt Charles Duke of Lorain out of his Dutchy and the next the King of France proclaims open War against Spain by Sea and Land and in 1638 ten Years after the Spaniards joining with the French against the English the French besieged Fontaraby by Land which the Spaniards intending to relieve by Sea the Spanish Fleet is encountred by the French and beaten the French took eleven great Ships whereof six of them were richly laden for the Indies and burnt two Gallions upon the Stocks and six others entirely finished In the Ships taken besides their Equippage and other Ammunition of War the French took an incredible Number of Cannons 100 whereof were Brass with the Arms of the House of Austria upon them Afterward the French and Spanish Fleet fight in the Mediterranean Sea where the Spaniard is again beaten by the French and by Land the French take from the Spaniard Landrecy Beaumont and de la Valette in the Spanish Netherlands Perpignan the Key of Spain on the Foot of the Pyrenean Hills in the Country of Rousillion and Barcelona a good Port and the capital City of Catalonia In England this Year 1635 there was great Contrivance between the Arch-bishop Laud and Bishops of Scotland
Wing of Horse of the Parliament's which Prince Rupert pursued too far tho with great Slaughter but the King 's left Wing of Horse was broken by Sir William Balfour Sir Philip Stapleton and the Lord Fielding However the Victory was uncertain the Success was not so for the King took Banbury Town and Castle and Oxford and Prince Rupert took my Lord Say's House at Brought and made Excursions near London whereupon the Parliament recalled Essex to defend themselves And it was time for the King was marching towards London having taken Reading and Henley and at Brentford both Armies fought Essex being assisted by the Trained Bands and Apprentices of London and the King was forced to retreat and if Essex had followed in all Appearance the King would have lost his Army not having Bullet enough to have maintained one quarter of an Hour's Fight and towards the latter end of the Year Prince Rupert storms Cirencester and puts many of my Lord Stamford's Regiment to the Sword and took 1100 Prisoners which were used with great Barbarity and Colonel Nathaniel Fines in the West was routed by Prince Rupert and in the North Sir John Hotham was beaten by the Forces commanded by the Earl of Cumberland Sir Fran. Worsley Sir Marm. Langdale and Sir Thomas Glenham This Year there was a Treaty of Peace at Oxford the Parliament's Propositions were That the King should disband his Army return to the Parliament leave Delinquents to Trial and Papists to be disbanded That a Bill be brought in for abolishing Episcopacy c. and such other Bills as should be presented for Reformation Recusants to abjure Papacy to remove malignant Counsellors to settle the Militia as the Parliament desired to prefer to Offices such as the Parliament should name and to take in all that were put out of Commissions of the Peace A Bill to vindicate the Lord Kimbolton and five Members to enter into Alliances for the Palatinate and to grant a general Pardon excepting to the Earl of New-Castle Digby and others To restore Parliament-Members to their Offices and to restore their Losses The King proposed That his Revenue Magazines Ships and Forts be restored That what had been done contrary to Law and the King 's Right may be recalled That all illegal Power claimed or acted by Order of Parliament be disclaimed And as the King will consent to the Execution of all Laws concerning Popery and Reformation so he desires a Bill for preserving the Common-Prayer against Sectaries that all Persons excepted against by this Treaty may be tried per Pares with a Cessation of Arms and a free Trade This Treaty began March 4. 1642 and broke off April 15. following viz. 1643. But this is observable in this fickle King that four Days before the Treaty broke off the King said he was fully satisfied and promised to give the Parliament-Commissioners his Answer in Writing according to their Desires but because it was past Midnight he would have it drawn up in Writing and give it them in the Morning but instead thereof the King gave them a Paper quite contrary to what was concluded the Night before Whitlock's Mem. fol. 65. a. The Treaty of Peace thus broke off both sides proceed in War The Queen this Year about the beginning of May landed at Scarborough in Yorkshire from Holland having avoided a Squadron of Men of War designed by the Parliament to intercept her and brought abundance of Arms and about 3000 Soldiers and was proclaimed Traitor by the Parliament and after joined with the King and his Army at Edg-Hill in Warwickshire And if the Parliament prospered so ill last Year they succeeded worse this for the Earl of Northampton enters Litchfield and drives the Parliament's Forces into the Close and after that defeats Sir John Gell and Sir W. Brereton but the Earl was slain at the Head of his Forces and the Earl of New-Castle in the North overthrew the Parliament's Forces commanded by Sir Thomas Fairfax at Bradforth and Sir William Waller is defeated in the West Prince Rupert takes Bristol and Prince Maurice Exeter Biddiford Barnstable Appleford and Dartmouth The great Hambden is routed and mortally wounded at Chalgrave Field by Prince Rupert And now the King had two conquering Armies in the North and West and the Parliament none considerable to oppose either so that if either the King or the Marquess of New-Castle had marched to London in all Appearance either Army would have found little Opposition but instead hereof the King sits down and besieges Glocester and the Marquess of New-Castle comes before Hull This gave the Parliament an Opportunity to recruit Essex's Army and to enter into a Treaty to procure the Scots to bring an Army into England again for to assist the Parliament In this Treaty a double Consideration is remarkable first The Instability of humane Actions which are founded in Passion and Prejudice for there was but one Year between this Treaty and the National Protestation by the Parliament to Maintain the true Protestant Religion expressed in the Doctrine of the Church of England which Passage Mr. Whitlock in his Memoirs fol. 43. has left out and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Privileges of Parliament and Liberties of the Subjects and to preserve the Union between the Kingdoms of England Scotland and Ireland and this to be taken by all English-men but now the Scots would not stir one Step unless the Parliament of England would join with them in their Covenant which ill agreed with their Protestation which the Parliament submitted to The other was a Discovery of a Spark which soon after broke out into such a Flame as consumed the Covenant Presbytery the Parliament King and Church and State of England for tho during the Prosperity of the King's Affairs this Fire was covered yet when young Sir Henry Vane who was one of the Parliament's Commissioners and one who loved the Presbyterian Government no better than the Episcopal saw that the Parliament would submit to the Scotish Covenant and Discipline he stifly opposed it singly and at last carry'd it that the Nations should join in a Solemn League and the Scots would have Church-Government to be according to the Example of the best Reformed Churches but Sir Henry Vane insisted to have it according to the Word of God only and carried both points Afterwards one of Sir Henry's Fellows expostulated with him why he should put them to so much Trouble about such needless Trifles Sir Henry answer'd He was mistaken and did not see far enough into the matter for a League shewed it was between two Nations and might be broken upon just Reasons but not a Covenant and that Church-Government according to the Word of God by the Difference of Divines and Expositors would be long enough before it were determined for the learnedst held it clearly for Episcopacy so that when all agreed we may take in the Scots Presbytery
See the Life of General Monk p. 23 24. written by his Chaplain Dr. Gumble The Parliament having recruited the Earl of Essex's Army he forced his Passage and relieved Glocester the King's Army retreat to Newbury where it was charged by Essex and worsted and in the Fight the Ornament of the Age the learned and most ingenious Lord Falkland tho weary of his Life and presaging his own Destiny was slain as were the Earls of Sunderland and Carnarven If the King's Army had such bad Success before Glocester my Lord of New-Castle had worse before Hull for lying in a moorish unhealthy place in a sickly season of the Year viz. September and October the whole Army fell into Fluxes and other Distempers so as they were forced to raise the Siege having done nothing considerable in it besides at this time Lyn-Regis in Norfolk a Place near as considerable as Hull was seized by the Gentry of Norfolk and might have been relieved if New-Castle had not been engaged in besieging Hull Tho the English and Scotish Parliament agreed in their Solemn League and Covenant yet so did not Sir John Hotham and his Son with the Preferment of Sir Thomas Fairfax and others in the North so that Sir John Hotham refused to serve under Fairfax Hereupon the Parliament intended to have displaced Hotham which when he heard of both he and his Son treated with the Marquess of New-Castle to deliver Hull to the King and the Parliament suspecting the Design sent Sir Matthew Bromton Sir John's Brother-in-law to seize both Father and Son which Sir John little suspecting till it was too late fled to Beverly where he was seized by his own Soldiers and carried to Hull from whence Sir Matthew sent both Father and Son to London where soon after both lost their Heads When the Parliament sent Commissioners to invite the Scots to come to their Assistance the King sent Letters to disswade them from it urging the manifold Grants he had given to them when he was in Scotland last which compleated all they could ask and their solemn Protestations to be for ever his Majesty's most obedient Subjects See the Act cited by Sir Rich. Baker fol. 514. That it should be detestable Treason in the highest degree for any of the Scots Nation conjunctly or singly to raise Arms or any military Force upon any Cause whatever without the King's Commission But now unprovoked by the King and against his express Command they in open Hostility enter England a second time against him so little Faith or Honour was to be trusted to from these Covenanters for the Scots having made their Market with the King resolve to improve it with the Parliament and besides their Pay or Wages of Iniquity will have the Covenant and Kirk-Government imposed upon the English as well as Scots Nation and tho the King's Letters were signed by 19 Lords the Scots ordered them to be burnt by the common Hangman and in order hereunto General Lesley now Earl of Leven upon the 16th of January enters into England again with an Army of above 20000 Scots The King to add Reputation to his Arms summoned the Members of Parliament which followed him to meet at Oxford upon the 22d of January where they voted the coming of the Scots to be Treason and Rebellion but because they would not come up to the King's Desire in Voting the Members at Westminster to be no Parliament the King in great Displeasure with them and in his Letters to the Queen calls them his mungrel Parliament such was the Kindness the King shewed those Noble Lords and Gentry for sacrificing their Lives and Fortunes for his Service And to oppose the Scots the King makes a Cessation of Arms with the Irish and draws back into England the English which he sent to oppose the Irish but these were every where beaten 1500 of them cast away by Sea and the greatest Body of them commanded by Sir Michael Ernley Major General Gibson Sir Francis Boteler and Colonel Monk who shall unravel all the Parliament and Scots were now weaving were totally routed and dispersed by Sir Thomas Fairfax joining with Sir William Brereton near Nantwich and all these with Colonel Gibs Harmon Sir Ralph Dawns with 14 Captains 26 Ensigns and other inferiour Officers and 1500 common Soldiers taken Prisoners with the loss of their Cannon and Baggage So that as Serjeant Whitlock observes f. 79. a. these Irish never did the King any considerable Service But to sweeten this Prince Rupert at the close of this Year beat Sir John Meldrum a Scot who besieged Newark and his Army surrendred up their Arms Upon which the Parliament-Garisons in Gainsborow Lincoln and Sleford quitted these Places to the King's Forces And here we will end the Year 1643. and take notice how Mr. Serjeant Whitlock f. 64. b. errs in point of Time where he says the Scots passed the Tyne in 1642 under General Lesley to assist the Parliament and f. 67. a. he says the Queen was brought to Bed at Exeter of the Princess Henrietta Maria which for ought appears was before the Queen landed from Holland for she was born the 20th of June 1644. See Sir Baker's Hist f. 434. a. Anno Reg. 20. Dom. 1644. The Wonders which succeeded these two Years in England will better appear if a View be taken of the present Posture of Affairs as they stood in the beginning of this Year England and Scotland are united in one Solemn League and Covenant in January last Lesley or Leven enter'd England with an Army of 18000 Foot and 3500 Horse and Dragoons and soon after the Earl of Calendar enter'd England with an Army of 10000 Scots more these commanded by old and experienced Officers and the English Parliament's Armies were commanded by as brave and resolute Commanders as were to be found in Europe The Fleet wholly at the Parliament's Devotion and so was the City of London So that if you look upon the Superstructure nothing could appear more strong and lasting And all this time you hear little of Oliver Cromwel more than that he was a Captain of Horse and being of a bold and active Spirit secured the Town of Cambridg for the Parliament and was very diligent in obstructing several Levies for the King in Cambridgshire Essex Suffolk and Norfolk For these Services he had a Commission to be a Colonel of Horse and having an insinuating and canting way of preaching and seeming very Godly raised such a Regiment of Horse as was no where to be found the Riders spirited with Zeal to the Cause yet not of the Scots mode and to secure them without Oliver took care to provide them able Horses and to be well arm'd and accoutred so as every one of them beside Sword and Pistol had Pot Back and Breast Musquet-proof He was Nephew to Sir Oliver Cromwel who had a very great Estate but his Father being a younger Brother had not above 300 l. per Annum as was said Their
of Contention and so it is taken in the Accord of the two Kingdoms Whether Lieutenant Gen. Cromwel be such an Incendiary between the two Kingdoms as is meant by this Word cannot be known but by Proofs of his particular Words and Actions tending to the kindling of this Fire of Contention between the two Nations and the raising of Difference between us If it do not appear by Proofs he has done this he is not an Incendiary but if it can be made out by Proofs that he hath done this then he is an Incendiary and to be proceeded against for it by the Parliament upon his being thus accused for those things This I take for a Ground That my Lord General and Lords Commissioners of Scotland being of so great Honour and Authority as you are must not appear in any Business especially of an Accusation but such as you shall see before-hand clearly will be made out and be brought to the Effect intended Otherwise for such Persons as you are to begin a Business of this Weight and not to have it so prepared before-hand as to be certain to carry it but to be put to a doubtful Trial in case it should not succeed as you expect but that you should be foiled in it it would reflect upon your great Honours and Wisdom Next As to the Person who is to be accused as an Incendiary it will be fit in my humble Opinion to consider his present Condition and Parts and Interest wherein Mr. Maynard and my self by our constant Attendance in the House of Commons are the more capable to give an Account to your Lordships and for his Interest in the Army some Honourable Persons here present his Excellency's Officers are best able to inform your Lordships I take Lieutenant General Cromwel to be a Gentleman of Quick and Subtile Parts and one who hath especially of late gained no small Interest in the House of Commons nor is he wanting of Friends in the House of Lords nor of Ability in himself to manage his own Part or Defence to the best Advantage If this be so my Lords it will be more requisite to be well prepared against him before he be brought upon the Stage lest the Issue of the Business be not answerable to your Expectations I have not yet heard any Particulars mentioned by his Excellency nor by my Lord Chancellor or any other nor do I know any in my private Observations which will amount to a clear Proof of such Matters as will satisfy the House of Commons in the Case of Lieut. Gen. Cromwel and according to our Law and the Course of Proceedings in our Parliament that he is an Incendiary and to be punished accordingly However I apprehend it to be doubtful and therefore cannot advise at this time he should be accused for an Incendiary but rather that Direction may be given to collect such particular Passages relating to him by which your Lordships may judg whether they will amount to prove him an Incendiary or not And this being done we may again wait on your Excellence if you please and upon View of those Proofs we shall be better able to advise and your Lordships to judg what will be fit to be done in this Matter Mr. Maynard agreed with Mr. Whitlock in every Particular and only varied that the Word Incendiary is not much conversant in our Law nor often met with in our Books but more a Term of Civil Law and of State and so to be considered in this Case Mr. Hollis and Sir Philip Stapleton and others spake smartly to the Business and mentioned some particular Passages and Words of Cromwel to prove him an Incendiary and that he had not that Interest in the House of Commons as was supposed and would willingly have been upon the Accusation of him but the Scots Commissioners were not so forward to join with them in it So Cromwel escaped But so did not Mr. Hollis and Sir Philip about two Years after upon Cromwel's Accusation of them If it be so strange that Cromwel so bred and having no Correspondence abroad or at home should in two Years time get such an Ascendant over the Parliament's Army in England so commanded and disciplin'd as aforesaid it will appear more admirable by what mean Persons he chiefly atchieved it as by Pride Whaley Hewson Harrison Goff Ven Barkstead Cobbet Okey c. broken Citizens and not before acquainted with any Military Discipline But while this Canker-Worm was breeding in the Bowels of the Parliament and Army the Winds of adverse Fortune blew almost constantly in the Face of the King's Affairs and to tell particularly of all the Battels Sieges and Rencounters which happened in England in these two next Years would swell this Story to a much greater Bulk than I design You may read them at large in Mr. Whitlock's Memoirs and Sir Baker's History of Charles the First And to say nothing of it would be a Gap in this Treatise which would interrupt the Design of it Upon the 29th of March the King's Army commanded by Gen. Forth and Sir Ralph Hopton was totally routed near Winchester by Sir William Waller Sir William Balfour and Sir Arthur Haslerig and 't was observed that two Irish Regiments which served the King in this Fight were the first which broke and run away And soon after Captain Swanley secured Milford-Haven Haverford-West and all Pembrook-shire for the Parliament And upon the 11th of April my Lord Fairfax and his Son Sir Thomas took Selby in Yorkshire by Storm and in it Col. Bellasis Governour with most of the other Officers and 1600 Common Soldiers with all their Guns Arms and Ammunition To qualify these Losses in some measure the King about the latter End of June fights Waller at Cropredy-Bridg and routs him kills 300 of his Men and Weems General of the Ordnance was taken Prisoner with two Lieutenant-Colonels three Captains and several other Officers and 180 Common Soldiers with 14 pieces of Cannon This small Victory bore no Proportion to the irreparable Loss the King sustained in the North for York being besieged by the United Forces of Manchester both the Fairfaxes Father and Son and Leven or Lesley General of the Scots Prince Rupert with all the Powers he could raise marched to the Relief of it after he had relieved Latham-House in Lancashire bravely defended by the Countess of Darby The Parliament Forces hereupon raised their Siege and the Prince fetching a Compass about relieved York and joined with the Marquess of Newcastle so as the Prince's Army was 27000 strong with which he marched to Marston-Moor whither the Parliament's Army was marched before and upon the third of July both Armies fought and the Prince with the Left Wing charged the Parliament's Right Wing and routed and pursued them a great Way so did General Goring Sir Charles Lucas and Major General Porter rout the main Body of the Parliament's Army so that all the three Parliament Generals Fairfax Manchester and
seem to court the King and the Parliament sent Propositions of Peace to the King at Hampton-Court the same they sent to the King at New-Castle when he was in the Power of the Scots which you may read in Whitlock's Memoirs fol. 120. b. and 121. a. But now the Mystery of Iniquity works for Cromwel was as fearful the King should agree with the Parliament as the King was unwilling to agree to them and therefore Cromwel gave Instructions to the Commissioners That if the King would assent to Propositions lower than those of the Parliament that the Army would settle him again in his Throne Hereupon the King returned Answer to the Parliament That he waved now the Propositions sent to him or any Treaty upon them and flies to the Proposals of the Army urges a Treaty upon them and such as he shall make professes he will give Satisfaction to settle the Protestant Religion with Liberty to tender Consciences to secure the Laws Liberty and Property and Privileges of Parliament and of those concerning Scotland he will treat apart with the Scots Commissioners See Whitlock ' s Memoirs fol. 271. b. Upon the reading of the King's Answer a Day was appointed by either House to consider of it and that in the mean time it be communicated to the Scots Commissioners There was a Report at that time and so yet continues tho I cannot find the bottom of it yet I am confident in time it will appear that Cromwel made a private Article with the King That if the King closed with the Propositions of the Army Cromwel should be advanced to a Degree higher than any other as Vicar-General of England as Cromwel was in the Reign of Henry 8. But the King was so Uxorious that he would do nothing without communicating it to the Queen and wrote to her That tho he assented to the Army's Proposals yet if by assenting to them he could procure Peace it would be easier then to take off Cromwel than now he was the Head that govern'd the Army Cromwel who had his Spies upon every Motion of the King intercepts these Letters and resolved never to trust the King again yet doubted that he could not manage his Designs if the King were so near the Parliament and City as Hampton-Court therefore Cromwel sent to the King That he was in no Safety at Hampton-Court by reason of the Hatred which the Adjutators had to him and that he would be in more Safety in the Isle of Wight Hereupon the King upon the 11th of November while the Parliament and Scots Commissioners were debating the King's Answer to their Propositions at Night made his Escape having Post-Horses and a Ship provided for him at Southampton accompanied only with Sir John Berkley Colonel Leg and Mr. Ashburnham and came to the Isle of Wight which would morally have been impossible if Cromwel and his Agents had not put the King upon it But how concealedly soever Cromwel and his Son-in-law Ireton had carried the Business of the King's Escape to the Isle of Wight yet the Adjutators had some Jealousy upon them that they designed to have the King establish'd and possest the Soldiers with much Prejudice against them Fairfax doubting the Event of these Practices dismist the Adjutators to their several Regiments and sent most of their Officers to their several Charges and appointed a General Rendezvouz of the Army at Cork-bush-field between Hertford and Ware upon the 14th which the Adjutators endeavour'd to have prevented The next Day many Soldiers of five whole Regiments mutiny'd against their Officers and wore Marks of Distinction to be known from the rest Cromwel Ireton and some other of the Officers struck at by the Adjutators were very active in suppressing them and seized upon some of the principal Mutineers and one or two of them were shot before their Troops were reduced and most of the Mutineers and the Officers which favoured them were tried at Court-Martials and cashier'd and three of them condemned to die And for this Cromwel had the Thanks of the House but it will not be long before they shall find little Joy of it From the Isle of Wight the King upon October the 18th sent to the Members for a personal Treaty of Peace at London which after much Debate was agreed to upon these four Preliminaries 1. An Act For Raising Settling and Maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and the Dominion of Wales 2. An Act For recalling all Declarations Oaths and Proclamations against the Parliament or those who had adhered to them 3. An Act That those Peers who were made after the Great Seal was carried from the Parliament may be made uncapable of Sitting in the House of Peers 4. That Power may be given to the Houses to adjourn as they shall think fit The King it may be not knowing Cromwel had intercepted his Letters to the Queen and so trusting to Cromwel's Promises and the Scots Commissioners flatly protesting against these Preliminaries as opposite to Religion the Crown and Agreement of the Kingdoms refused to sign any Propositions till a Peace was made which might comprehend all Interests Which had no other Effects than that the Lords and Commons Voted 1. That they will make no further Applications or Addresses to the King 2. That no Addresses or Applications be made to the King by any Person whatsoever without Leave from both Houses 3. That the Person or Persons that shall make Breach of this Order shall incur the Penalty of High Treason 4. That they will receive no more Messages from the King and that no Person do presume to bring any Message from the King to both or either Houses of Parliament or any other Person But these Votes were too hot to hold long These Votes were so pleasing to the Army that it was declar'd by a Council of War the 17th of January That they resolved to endeavour to preserve the Peerage and Rights and the Rights of the Peers of England notwithstanding any Scandals upon them to the contrary Yet within little more than a Year the Rump set up by the Army shall turn them out of doors as dangerous and useless Here see what a Labyrinth Men run into when they forsake the Paths of Justice for as Socrates says Plato Eutiphro If Men in Dissension will not submit to some certain Rule which may determine them their Dissensions will be endless and that the Will of the Gods if it be divided cannot be the Rule to determine Justice for Men in obeying one God may disobey another If therefore the Laws and Constitutions of the Nation may not be the Rule which may determine the Controversies between the King the Members the Scots and the Army then nothing can for else what pleased one would displease the other The King would gladly have had the Law to have determined the Controversies for this would have vested him in his Royal Power and by the 18th of Henry
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
are commissionated by him So help me God So that from swearing Negatively to Belief in the first part of this Oath we come to swear Affirmatively in this part of it But this part not being Promissory of Time to come is an Assertory Oath too if any besides the taking God's Name in vain or worse An Assertory Oath is of what a Man knows to be certainly true and what was immediately the Object of Sense Here a Man swears not that he knows but abhors and what does he abhor That Traiterous Position of taking Arms by the King's Authority against his Person or those commissionated by him Is Traiterous Position the Object of Sense and immediate so as the Swearer knows what the meaning of Traiterous Position is Which I believe not one of twenty does Or is not some Inference deduced from some Law or Usage which cannot be the Object of Sense and so not to be sworn to The End of an Assertory Oath is to inform the Judg and Jury so that Justice may be determined by it but here is neither Judg nor Jury to inform What can be the end of this Swearing Why 't is because otherwise the Swearer cannot be a Member of the Corporation but if I cannot take his Word I 'll not take his Oath And he that swears most to get Places is least worthy of them And I dare say he so much less understands his Duty in any Place by how much the more he is ready to swear to get into it And you will see that those Men who are so ready to swear by this Oath which they did not understand to get to be Members of Corporations shall be more ready to forswear themselves in giving up their Charters which they had sworn to maintain and keep and which they understood they ought to do Religion Piety Judgment Justice and Righteousness are the ways by which God is honoured and Peace and Happiness established in Nations and Kingdoms And will God instead of these suffer his Sacred Name to be prostituted by vain Swearing so as to pass unpunished Did not the Prophet Hosea Ch. 4. v. 3. of old complain That the Land mourned because of Oaths And hath not our Land mourned ever since the Convocation after the Dissolution of the Short Parliament 1640 did enjoin the Oath I A. B. swear that I approve the Doctrine and Discipline of the Church of England as containing all things necessary to Salvation and will not consent to alter the Government in the Church by Arch-bishops Bishops Deans and Arch-Deacons c. to be taken by all the Clergy Was God well pleased that his Sacred Name should be affixed to such Stuff Or did this establish this Hierarchy Did not the Parliament about a Year after expel the Bishops out of the Lords House and imprisoned their Persons and made them and all Deans and Arch-Deacons uncapable of Temporal Jurisdiction And did not England and Scotland about two Years after join in a Covenant and swear to extirpate Arch-bishops Bishops Deans and Arch-Deacons Did not the Engagement expel the Covenant and the Recognition to Oliver out the Engagement till Men neither regarded what they had sworn nor cared what they swore to Monk before he came out of Scotland caused the Scots to abjure the King and his Interest So in his coming to London he did by the Officers of the Irish Brigade and the Rump died abjuring the King and Royal Family yet in less than four Months after the King was restor'd Before the Scots would admit the King to land in Scotland the 23d of June 1650 they made him with his Hands lifted up swear in the Presence of Almighty God the Searcher of all Hearts his Allowance and Approbation of the National Covenant and Solemn League and Covenant and Directories of Worship and not only to give his Royal Assent to Acts of Parliament enjoining the same in all his Dominions but to observe them in his private Family And upon his Coronation on the 11th of January 1651 repeated the same Oath Yet how little did this avail him or the Covenanters for in less than eight Months Cromwel drove him and his Covenanters quite out of Scotland And I dare say the King never after made use of them in his private Family nor ever after give his Assent to any Act of Parliament enjoining the Covenants tho he were restored to all his Dominions From swearing the Corporation-Oath the Parliament proceeds That all Members of Corporations declare against the Solemn League and Covenant in these words I A. B. do declare That I hold there lies no Obligation upon me or any other Person from the Oath commonly called the Solemn League and Covenant and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom This Declaration is as vain and more wild than the Corporation-Oath for 't is but matter of Belief or Opinion and so no Issue can be taken upon it but if there could in him who declares yet none can be taken upon that part which declares there lies no Obligation upon another and I 'll put it upon this Issue that such a Declaration was never before enjoin'd by any Law And if the Covenant be an unlawful Oath in it self because imposed by no lawful Authority yet I say that no Authority under Heaven can make the taking God's Name in vain lawful much less to take a vain or superfluous Oath From new invented swearing and declaring to keep the King in the Kingdom the Church makes many new invented Prayers for him especially that for the Parliament wherein they tell God that the King is their most Religious and Gracious King as if he were so and God did not know it and if he were not so to perswade God he was so De Jove quid sentis Will God be mock'd Is not he Omniscient and knows the Secrets of every Man's Heart Has he any need to be informed what Man is Or did this King's manner of Life induce the Church to inform God that he was most Gracious or full of Grace Or his devout Behaviour at his seldom Presence in Divine Service declare him to be most Religious This King's Father and Grand-father's Flatterers went no higher than to flatter them that they were bound by no Laws and accountable to none but God for all their Actions and that their Subjects were bound to obey them in all under Penalty of Damnation They never went about to perswade God they were most Religious and Gracious in so doing The Parliament chimed in with the Church and by the Act of Vniformity enjoin That every one who holds an Ecclesiastical Promotion shall publickly declare before his Congregation his unfeigned Assent and Consent to every thing contained and prescribed in the Book entituled The Book of Common-Prayer c. Put these together I. A. B. do declare my unfeigned Assent and Consent That the King
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
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
Laws and Constitutions of it and to have maintained the Honour of it abroad made it their Business to have subverted them and being thereby always at Variance and Contentions with their Subjects lost their own and the Nation 's Honour abroad and by taking no Care of the foreign Concerns of the Nation became contemptible to other Nations Nay the last three Kings instead of restraining the French Ambition and Tyranny joined with them in advancing of them as if they designed to make the French King an Universal Monarch as well as to destroy the Constitutions of England And I would know a Reason why now his Majesty King William has by God's Blessing redeemed this Nation from the imminent Danger which the French King in conjunction with King James designed upon the Western Parts of Christendom as well as these Kingdoms of England Scotland and Ireland any Christian should endeavour or desire the Restitution of King James any more than the Primitive Christians did Dioclesian Maximi● and Maxentius after God had freed them from their Rage and Persecution by Constantine APPENDIX MY Lord Bacon compares Times to Ways some more plain and easy to pass others more rugged and more hard to pass the former is better for him who lives in them the latter is better for the Reader not only in the Pleasure of reading the Variety of Accidents in them but because in their Contests fine Notions arise which otherwise might have been concealed and which may be beneficial to the Readers in succeeding Times and also in shewing the Causes of these Distempers succeeding Generations may be admonished hereby to prevent them in time to come In these Treatises we have given an Account of the manifold Varieties of Accidents which have hapned for above 80 Years in the Kingdoms of England Scotland and Ireland France Spain and the States of the Vnited Netherlands and though the Roman and Grecian Histories may give Instances of the like by Land yet none of them can shew the like of the French Grandeur by Sea in little more than forty Years but more especially in that this was acquired in the Face of two neighbouring Nations either of which could have prescribed Laws to all the World besides herein the one claiming the Dominion of the British Seas the other of the Indian and Southern Ocean On the other Side Spain which in the Reign of Queen Elizabeth was both the Envy and Dread of these Western parts of Christendom is now fallen into that abject State as it is scarce in the Power of Christendom to uphold it from falling under the Dominion of the French and this History in some Measure hath shewn the Causes both of the Grandeur of France and the Cadency of Spain To the natural Advantages which the French had above other Nations after the Death of Queen Elizabeth was added that James the first and Charles the first of England whose Interest it was to have restrained the ambitious and aspiring Humour of the French were degenerous Princes wholly given up to be governed by Flatterers and Favourites and made it their Business to usurp another Jurisdiction over the Nation than they could claim by their Inherent Birth-right so that if the Long Parliament in 1640 had not put a Stop to Charles his Career no mortal Creature could have foreseen where it would have ended King James not to disturb his licentious and voluptuous Pleasures stood only still and looking on whilst Lewis the 13th had near broke the Interest of the Reformed in France but Charles in the first Act of his Reign lent the French a Fleet to subdue the Rochellers at that time superior to Lewis by Sea and as inconsiderately in the second Year of his Reign made War with France having in the first Year made War against the Spaniard whereby both Spain and France joining against the English brought that Loss and Dishonour upon the English in the Expedition of the Isle of Rhee and Charles being as loose in his Resolutions as inconsiderate in his Actions after the Death of the Duke of Buckingham who had engaged him in both these Wars made a secret Peace with the French and left the Reformed out of it though he engaged them to join with him in the War whereby the whole Interest of the Reformed was rooted out So that the Original of the French Grandeur by Sea and Land may be truly ascribed to these two Hereditary Princes James and Charles After the Tyranny of Charles his Reign had degenerated into the Usurpations of the Rump they thinking to prejudice the Dutch made the Act of Navigation which crampt up all the foreign Trades of England and the fishing Trade which above all others is the Nursery of Seamen and encrease of Navigation to English-built Ships and sail'd with ¾ English whether there be Ships or Mariners or not and without any Consideration of Times whether of War or Peace Though we have in this History and in The Reasons of the Decay of the Strength Wealth and Trade of England and also in the View of the Act of Navigation in reference to the Laws which yet stand unrepealed to the Trades for Masts Rafters Boards foreign Oak Timber Pitch and Tar and to the Trades for rough Hemp and Flax and to the fishing Trades and also to the Safety of the Nation against Foreign Powers at large demonstrated the Iniquity of this Law and the dangerous Consequences of it yet it is fit even here to take some Notice of it and of the Navigation of the Nation before the Act and how the Case stands now by reason of it Before the Rump contrived the Act of Navigation the English as the Traders told me alone fished upon the Coasts of Iseland and Westmony for Ling and the Cod-fish called Haberdin and at that time the Town of Alborough in Suffolk as I was informed fished yearly to those Seas with 35 Sail of Vessels called Iselands-Barks and the Town of Sould or Southold with 15 and Great Yarmouth with manifold more the Number I cannot tell but this I can tell That besides London and other parts of Norfolk and Suffolk which they supplied with this sort of Fish as also the Navy Royal and other Ships with this sort of Provision the Town of Yarmouth yearly exported to Calice St. Valery Diep Havre de Grace St. Maloes Brest and other parts of France 150000 Haberdin and Ling and by their Trades with these returned Sails and Nets for their Navigation and Fisheries Wells and Lyn in Norfolk too drove Trades into these Seas but I am not informed in how many Vessels but I have heard the Inhabitants of Wells complain that they have almost lost their Trades and I belive Lyn wholly Before the Act of Navigation the English from the Western Ports drove threefold a greater Trade in the Newfound-Land Fishery than the French whereas the French now drive above twenty-fold more the Trade to Newfound-Land Fishery than the English do And I have
heard Sir William Booth say he had seen in one Year above 100 Sail of great French Vessels of 20 and 30 Guns sail into the Straits from their Newfound-Land Fishery besides supplying France with them and also their Trades to Spain and Portugal Before the Act of Navigation the English from London and Yarmouth drove considerable Trades to Greenland for Whales which Trades as they are wholly lost to the English so are they driven by the Dutch and Hamburghers and in a great measure carried on by the French I remember that the next Year after this Revolution the English took 14 of these French Vessels in their Return from the Whale Fishery and as this Fishery is wholly lost to the English which will never be retrieved by making it a Monopoly so is that of the Town of Great Yarmouth into France upon the account of the Iseland and Westmony Fishery and the rest of the Trades of the English in that Fishery not one tenth of what it was before the Act of Navigation nor from the Western Ports to the Newfound-Land Fishery one fifth of what it was before the Act of Navigation and I wish the Parliament at their next sitting would enquire into the Truth hereof to prove me a Liar I say That the Fishing Trades above all others encrease Navigation and Mariners and if the Causes of the Cadency of our Fisheries and Navigation be not removed the Loss of both will be inevitable the Consequences whereof will be so dreadful to the Nation that I tremble to think of them for as we decline both French and Dutch will raise themselves out of our Ruin Every Ship is made of her Hull Masts and Rigging which are her Sails and Cables Timber for the Hull or Hulk of a Ship we have in England but I have shewed elsewhere how improper our English Timber is in all our Navigations except the New-Castle Trade and so dear in the Carriage and Working that the Dutch build the Hulks of Ships of like Dimensions for less than the English can and by their great Experience in Building build Ships for all sorts of Trades more conveniently so that a Ship of like Dimensions Dutch built shall carry near one sixth more Fraight than an English Pitch Tar and Masts we have not of our own but trade generally to Norway for them and as we order the curing of our Hemp in England it 's not only dearer here than it may be had from Liefland and Prussia but so spalt as they call it that Cables made of it will not endure the Stress of Weather when Ships ride at Anchor as foreign Hemp will Before the Act of Navigation the English traded to Norway in Dutch Vessels or Bottoms and then imported Masts Raff Pitch Tar and this the English might do by the Act of 1 Eliz. cap. 13. and then the English imported them so cheap that the Norwegians could build but six small Vessels to trade into England but after the Act of Navigation when the Norway Trade was restrained to the Norwegians and English in their inconvenient dear-built Ships in little more than two Years the Norwegians encreased their Ships from six to above sixty and those of double Dimensions than the former were but after Oliver dispensed with the Act of Navigation the English Norway Merchants imported Goods so cheap that the Norwegians were forced to sell their Vessels for want of Employment This Mr. Lee and Mr. Smith Norway Merchants were ready to have testified before a Committee of the Commons when Endeavours were used in 1667 for the free Importation of Timber Board and Raff after the burning of the City of London Tho these be dead yet I am assured Sir William Warren and Mr. John Hammond Norway Merchants know this to be true But the Inhabitants of Liefland and Prussia trade not with us and the Dutch by the Cheapness of their Navigation and full Fraight of their Vessels import rough Hemp and Flax from Liefland and Prussia one third cheaper than the English can and when these are converted into Manufacture of the Cordage and Sails it 's free for the Dutch to import them into England by the Act of Navigation whereby we do not only lose the Employment of manifold thousands of poor People and depend upon the Dutch but pay one fourth more for these than if rough Hemp and Flax were freely imported From hence it was and I speak this of my own Knowledg that in the Year 1651 I was part Owner of a Vessel built at Walderswick before the Act of Navigation and of another built by the same Builder in 1655 and this latter cost near one sixth in proportion more than the former and the Reason the Builder gave was the Dearness of Masts Cordage and Sails and I have no Reason to believe the Case is now any better the Reasons being the same and our Timber much dearer and Carriage farther so that I do believe the Carriage of our Timber to the Rivers where Ships are built costs more than the Dutch pay for their Timber where they build Ships Add hereto That our Fishing and other Vessels in Navigation require one third more Hands to navigate them than the Dutch and for ought I know than the French of like Dimensions Now consider the Fish in all Fisheries costs nothing but the Catching and Curing and that Nation which can catch them cheap and cure them best are sure of a foreign Trade for them against any other and the English by the Act being obliged to fish in double dearer Vessels and more inconveniently built and sail'd by one third more hands than the Dutch or French either for ought I know have eternally fixed the Fishing Trade upon the Coast of England and Scotland to the Dutch lost the Greenland Trade and retain not one fifth of the Trades we had to Iseland and Newfound-Land before the Act of Navigation After the Dissolution of the Rump Oliver ruled and tho for about two Years before his Death he gave the English some Benefit in building Vessels by dispensing with the Act of Navigation in reference to the Norway Trade yet he took no care to relieve them by dispensing with it for the free Importation of rough Hemp and Flax from Liefland and Prussia for fitting up our Vessels and Employment of our poor People Men Women and Children and tho he did well in so far dispensing with the Navigation I 'm sure he did ill by his frantick breaking with Spain and joining with the French against it to the irreparable Loss of the English and not only to the endangering the Safety of England but of Christendom It is not foreign to this Design if Notice be taken that after King James I. became King of England to the Restoration of King Charles II. only Philip III. and Philip IV. were Kings of Spain and both zealous bigotted Princes to the Romish Superstition and both weak and effeminate Princes wholly govern'd by Favourites and Philip IV. a
than England for the Trades of France Spain Portugal Italy and Turkey and the Ports equally good or better than those of England I 'm sure much better than from London The Irish shall have no need to carry the Wools of Leinster and Munster to Vlster by a Land-Carriage and when they are wrought there to bring the Cloths to Dublin by another where none must buy them but the Free-men at their own Rates and these bound to vend them in double as dear-built Ships and sailed with near double the Hands of other Nations but if Foreigners be permitted to trade they may have the Cloths from the next Ports where they are wrought and where the Artificers can live much cheaper than in England The same Reason will be to the prejudice of our Leather made of Hides Calves and Sheep-skins in our Foreign Vent and if the Irish want Artificers you need not fear the Dutch will furnish them and at this rate how long shall we enjoy the Foreign Trade and the Navigation to Spain Portugal Italy and Turkey with our Woollen Manufactures or Leather c. Expedient X. That the English may import rough Hemp and Flax Pitch Tar Masts Deal Boards and Timber in any Vessels Object This will ruin our building Ships in England and the Navigation of it Answ I expect such a large general Objection but if we never built any Ship for these Trades then our building Ships will not be prejudiced thereby and if we imploy about 300 Mariners in the Norway Trade about three Months in the year and 150 for six Months in the year to Liefland and Prussia is this Imployment to be preferred to the free Importation of the Products of these Countries and thereby save 1 4 of the Foreign Expence and imploy it may be 50000 People or more Men Women and Children all the year round in making Sails and Cordage for our Navigation and Nets for our Fisheries and hereby be able to fit up Vessels for our Navigation and Fishing Trades as cheap as the Dutch and cheaper than the French can Expedient XI That the English Merchants be permitted to buy Vessels for carrying on the Fishing Trades upon the Coasts of England and Scotland I do not mean those mean Fisheries to supply London and some places in England by imposing double Strangers Duties upon Fish imported by the Dutch by the Act of Navigation but such a Fishery whereby the English may in some measure partake with the Dutch in their Foreign Trades of Cod-fish and white Herrings and also buy Vessels for the New-found-land Fishery Object This would ruin our Natives in building Ships Answ This is at large again for if the Natives never built I 'm sure since the Act of Navigation one Ship for this Trade of Fishing upon the Coasts of England and Scotland what does this hinder them in building Ships for our other Trades nor does this hinder the Imployment of Mariners in them for we have imployed none in it these 30 Years So that this Trade is like a great Man that is Lord of a great Lake out of which his Neighbours grow rich and powerful by the Fish they take out of his Lake but this Man is so in love with his Family that he will not permit any of them to fish but by such Means or Instruments as others of his Family will supply them with but these are so dear and inconvenient for their Purpose that they can only supply their Master's Family whilst others supply his Neighbours better and cheaper and in this State it will be in the Power of these others to beat him and his Servants quite out of the Fishery and take the whole Benefit to themselves In the New-found-land Fishery the English do and always did build Vessels for it but these are such that the French have almost ruined their Fisheries I am sure in the foreign Vent of them and therefore the buying Vessels for this Trade is as necessary as for that of the Fisheries upon the Coasts of England and Scotland and tho the English heretofore built Vessels for the Green-land Iseland and Westmony Fisheries yet they were such as the Dutch and Hamburghers have wholly worm'd us out of the Green-land Fishery and left us very little of the Fisheries to Iseland and Westmony It were to be wished that an Experiment might be made of building Vessels for our Fisheries especially for that of the New-found-land in new-New-England where Timber Masts Pitch and Tar are cheaper and may be better had than the Dutch can import these or bring them into Holland down the Rhine and Maes but the Attempt of this must be done for some Years upon a publick Account Expedient XII That the English be permitted to buy Ships in the foreign Vent of our Manufactures and the Product of our Plantations It 's a strange thing to me that in the Navigation of England being so necessary for the Safety and enriching of it others not conversant in it as the Rump were not should restrain it to one sort of Shipping for such a Restraint cramps all Learning and Reasoning in every Art or Science without any possible Progression or Improvement beyond it and I say this Restraint was as absurd as impolitick I say it was absurd for it sets the Cart before the Horse for Trade is a Principle to Navigation and Navigation a Mean in carrying on Trade so that as you encrease your Trades you may your Navigation if your Hands be not bound up from it but if you begin at Navigation and tie your selves only to one sort of Ships it will be impossible to encrease your Trades beyond it whereby all those Peoples Labours which are restrained to this Navigation will be lost and these a Burden to the Nation I say this Restraint is as impolitick as absurd and unjust for hereby you sacrifice not only the Navigation upon which the Employment of People depended to your Neigbours it may be your Enemies but intitle their People to those Trades which you so foolishly give them to your Loss and it may be Undoing To these is added another dreadful Consequence upon the Nation by the Act of Navigation which the Rump in their haste and spite against the Dutch did not foresee at least not consider for the restraining the Navigation of England to English built Ships hath so wasted the Timber of England that in convenient Distances for building the King will not find Timber in England to build and repair his Navy Royal if this Restraint be continued and then in what a Condition will the Nation be I will give some particular Instances hereof which I know of my own Knowledg Having observed the Scarcity of Timber upon the Coast of Suffolk which I take to be the best of England for building Men of War caused by the Act of Navigation about 20 Years since when I was at Bristol one Captain Baily was building the Oxford Frigat out of Curiosity I went to see it