Gaunt's elder Brother So that of the Succession of 14 Kings after the Conqueror there were but four viz. Richard the First Edward the First and Second and Richard the Second which succeeded as Heirs to the Conqueror or his Heirs Admit Edward the 4th succeeded right as Heir to Phillippa Daughter of the Duke of Clarence yet if it be true which Richard the 3d says and which is confirmed by the Authority of the Act of Parliament 1 Rich. 3. that Edward was contracted to Eleanor Boteler before he married Elizabeth then did not Edward the 5th if it may be called a Succession succeed right nor could Henry the 7th claim any Right to the Crown of England in Right of his Wife Elizabeth the eldest Daughter of Edward the Fourth But whether it be true or not that Edward was contracted to Eleanor Boteler before his Marriage yet Richard the 3d succeeded not as Heir Edward Earl of Warwick the Son of George Duke of Richard's elder Brother being then alive Of all the Kings of England that succeeded the Conqueror Henry the 7th had the least Pretension to any Title to the Crown for tho he were supposed to have been descended from John of Gaunt Duke of Lancaster yet it was the Duke's Paramour Katherine Swinford whose Issue by the Duke tho by Act of Parliament they were legitimated to all other purposes yet were not capacitated to succeed to the Crown of England but if the Title of Lancaster had been preferable to that of York and Henry had been of the legitimate Line yet could not he have succeeded as Heir his Mother under whom he claimed being then alive and out-lived her Son Nor did the King's Marriage with Elizabeth eldest Daughter of Edward the 4th improve his Title to his Succession the Marriage being subsequent to it and before it the Crown by Act of Parliament was entailed upon Henry the 7th and the Heirs of his Body and after Marriage he never used her Name in calling any Parliament or in any Proclamation or the Coin or passing any Act of Parliament and as he reigned without her before Marriage so he did after her Death for he out-lived her tho she left two Sons Arthur and Henry after Henry the Eighth and two Daughters Elizabeth Queen of Scotland and Mary after Queen of France It seems to me that Ferdinand King of Castile and Arragon had the same Opinion which Richard the 3d and the Parliament had that the Issue of Edward the 4th were not legitimate for he would not assent to the Marriage of his Daughter Katherine with Arthur Prince of Wales so long as the Earl of Warwick Son of the Duke of Clarence lived and there a fine Trick was found out to put the poor Prince to Death for endeavouring to make his Escape out of the Tower with Perkin Warbeck and in him ended the Masculine Line of the Race of the Plantagenets who had governed the English Nation after Stephen to Henry the 7th above 340 Years So that from the Conqueror to Henry the 8th scarce one of four of the Kings of England succeeded in a right Line as Heirs to the Conqueror As the Saxon Dynasty ended in Edward the Confessor and the Norman began in the Conqueror so it seems to me that the Norman ended in Richard the 3d and another of the British was erected in Henry the 7th who was the Son of Edmund of Hadham the Son of Owen Tudor by Katherine Daughter of Charles the 6th of France Wife of Henry the 5th of England and Mother of Henry the 6th So that Henry the 7th's Title to the Crown of France was better than that to the Crown of England for that of England was from a Maternal Ancestor Margaret Countess of Richmond no otherwise related to the Crown of England than descended from John of Gaunt by Katherine Swinford his Paramour Tho I do not find that Henry the 7th or any of his Descendants ever assumed the Sirname of Tudor So that tho the Crown of England neither in the Saxon nor Norman Race of Kings was always Hereditary so neither was the Succession to the Crown elective For in elective Kingdoms after the Death of one King there is an Establishment of the manner of Elections and in the mean time there are Custodes Regni appointed whose Power ceases upon the Election of a King but neither of these were ever heard of in either of the Saxon or Norman Race and tho sometimes it 's said the Kings were chosen as of Edward the Son of Alfred by the Nobles and so of Athelstan and so in the Norman Race Henry the First was said to be chosen for that he promised to abrogate all the Oppressions and Errors brought into the Government by his Father and Brother tho his eldest Brother Robert was then alive and restore the good Laws of Edward the Confessor and Stephen was chosen by the Clergy and Londoners yet this was rather a form of Speaking in those days than any formal Election and the manner differed according to the different Humours of the Times Nor do we read that ever the Parliament meddled with the Succession of the Crown before Henry the Fourth for tho the first Parliament of Edward the Third renounced their Allegiance to Edward the Second and are said to have chosen Edward the Third yet they went no further and such an Election was no more than a Declaration of their Submission as when the Council declared James the Second King But whether the Crown of England was Hereditary in the Saxon and Norman Race it 's evident it was not so in this British Race for as it began in Henry the Seventh so it was entailed by Act of Parment upon him and Heirs of his Body before his Marriage with Elizabeth the eldest Daughter of Edward the Fourth So the inheritable Right of Edward's Issue and all the Norman Race was barred by this Act. Before we proceed in the Succession of the British Race we 'll take a view of the Genealogy of it John of Gaunt by Katherine Swinford had Issue John created Earl of Somerset who had Issue John created Duke of Somerset who had Issue Margaret After the Death of Henry the Fifth Katherine his Wife Sister of Charles the Sixth of France married Owen Tudor a Welch Gentleman who had Issue Edmund of Hadham created Earl of Richmond who married Margaret Daughter and Heir of John Duke of Somerset who had Issue Henry the Seventh Henry the Eighth succeeded his Father without any Contradiction for the Wars between the houses of York and Lancaster had destroyed the whole legitimate Lancastrian Line and Richard the Third after the Murder of his Brother Clarence and Death of Edward the Fourth had murdered his two Nephews Edward and Richard Sons of Edward the Fourth and himself was killed in the Fight in Bosworth-fields and after that Henry the Seventh had put Edward Earl of Warwick Son of the Duke of Clarence to Death none of all
had the Ascendant of the King's Favour far transcending all other Favourites yet the King's Necessities were never so great and the Exchequer so poor and the King so much in debt so as he had so much less means to gratify his new Favourite as his Affections to him were more and here it will not be amiss to take some part of a View of the King's Prodigality or if you please Bounty to some of his former Favourites the Earl of Somerset had amassed if my Author of the Historical Narration of the first 14 Years of King James cap. 34. says true in Money Plate and Jewels two Hundred Thousand Pounds besides 19000 l. per Ann. The Earl of Salisbury but a younger Son of Treasurer Burleigh leâ—t an Estate besides the noble House and Seat of Hatfield equal nay superior to most of the other Nobility the Earl of Northampton a younger Brother of the Duke of Norfolk and born to little or no Estate built that noble Structure in the Strand now called Northumberland House and being unmarried left a very great Estate to the Earl of Arundel and others of his House the Earl of Suffolk youngest Son of the Duke of Norfolk who had no Estate but what he derived from the Crown besides his other Estates built Audley-Inn Palace the noblest Structure ever built by any Subject in England except Hampton-Court by Cardinal Woolsey which by reasonable Estimates cost above 190000 l. besides the Largesses given to the Duke of Lenox Sir Alexander Hays and other Scotish Favourites Sir Henry Rich and other English Favourites These had only themselves to take care for but this new Favourite had a Mother two Brothers and a Sister to pully up into Honours and Estates tho their Parts could not entitle them to any other than Court-Preferment but besides these I do not find he regarded any other of his Father's Family no more than they did him However until the Discovery of Overbury's Murder he contained himself within the Bounds of Modesty as well as Courtship Somerset till then being a kind of Check upon him However the King in his Poverty of Affairs gave him 1000 l. and upon the 23d of April made him one of the Gentlemen of his Bed-Chamber and next Day knighted him Sir Overbury's Murder had been about twenty Montâ— concealed when about the middle of August it was brought 〈◊〉 light but the Manner how was variously rumoured Some taâ—â—ed that Sir Thomas his Servant gave notice of it to Sir Edwarâ— Coke others that my Lord of Canterbury had got knowledge of it and made it known to Sir Ralph Winwood one of the Secretaries of State and that by searching in a certain Place he should find a Trunk wherein were Papers which would disclose the whole Business which Sir Ralph did and found it so The King at this time was gone to hunt at Royston and Somerset with him and when the King had been there about a Week next day he designed to proceed to New-Market and Somerset to return to London when Sir Ralph came to Royston and acquainted the King with what he had discovered about Sir Overbury's Murder the King was so surprised herewith that he posted away a Messenger to Sir Edward Coke to apprehend the Earl I speak this with Confidence because I had it from one of Sir Edward's Sons Sir Edward lay then at the Temple and measured out his time at regular Hours two whereof were to go to Bed at Nine a Clock and in the Morning to rise at Three At this time Sir Edward ' s Son and some others were in Sir Edward ' s Lodging but not in Bed when the Messenger about one in the Morning knockt at the Door where the Son met him and knew him Says he I come from the King and must immediately speak with your Father If you come from ten Kings he answered you shall not for I know my Father's Disposition to be such that if he be disturbed in his Sleep he will not be fit for any Business but if you will do as we do you shall be welcome and about two Hours hence my Father will rise and you then may do as you please to which he assented At three Sir Edward rung a little Bell to give notice to his Servant to come to him and then the Messenger went to him and gave him the King's Letter and Sir Edward immediately made a Warrant to apprehend Somerset and sent to the King that he would wait upon him that Day The Messenger went back Post to Royston and arrived there about Ten in the Morning the King had a loathsom way of lolling his Arms about his Favourites Necks and kissing them and in this Posture the Messenger found the King with Somerset saying When shall I see thee again Somerset then designing for London when he was arrested by Sir Edward's Warrant Somerset exclaimed that never such an Affront was offered to a Peer of England in the Presence of the King Nay Man said the King if Coke sends for me I must go and when he was gone Now the Deel go with thee said the King for I will never see thy Face any more About three in the Afternoon the Chief Justice came to Royâ—â—on and so soon as he had seen the King the King told him that 〈◊〉 was acquainted with the most wicked Murder by Somerset and 〈◊〉 Wife that was ever perpetrated upon Sir Thomas Overbury and that they had made him a Pimp to carry on their Bawdry and Murder and therefore commanded the Chief Justice with all the Scrutiny possible to search into the Bottom of the Conspiracy and to spare no Man how great soever concluding God's Curse be upon you and yours if you spare any of them and God's Curse be upon me and mine if I pardon any one of them The Chief Justice as well by his Place as the King's Command imprisons Weston Mrs. Turner Sir Jervis Elvis Franklin and Sir John Munson and examines them and also Munson's Servant Weston's Servant c. against them Whereupon they were all except Munson arraigned condemned and executed in the Months of October and November following all of them I say except Munson whom Justice Dodridg and Justice Hide as well as the Chief Justice declared to be as guilty of the Murder as any of the other You may read the Trials at large in the Narrative of the first fourteen Years of King James his Reign entituled Truth brought to light by time There was a general Rumour that the Chief Justice making a severe Inspection into Overbury's Murder found some Papers about the poisoning of Prince Henry and Sir Anthony Weldon in his History of the Reign of King James says That the Chief Justice had blabb'd abroad so much I am sure there was never any such Acquaintance between the Chief Justice and him that he should blab it out to Weldon whether this were true or false I cannot tell but sure the displacing Sir Edward Coke the
to do it Yet this Adventure must be run because Buckingham would have it so so pur-blind nay stark-blind does Poverty and Covetousness make Man's Understanding and Reason But that we may take all before us let 's see in what Esteem King James was with the Spaniards which might encourage him to pursue this Adventure In their Comedies in Flanders they imitated Messengers bringing News in haste that the Palatinate was likely to have a numerous Army shortly on foot For the King of Denmark would shortly furnish them with a thousand Pickled-Herrings the Hollanders with one hundred thousand Butter-Boxes and England with one hundred thousand Ambassadors They pictured King James in one place with a Scabbard without a Sword in another with a Sword which no body could draw out tho divers Persons stood pulling at it In Brussels they painted him with his Pockets hanging out and not one Penny in them and his Purse turned upside down In Antwerp they pictured the Queen of Bohemia like a poor Irish Mantler with her Hair hanging about her Ears with her Child at her Back and the King James carrying the Cradle after her and every one of the Pictures had several Motto's expressing their Malice Such Scorns and Contempts were put upon the King James and in him the whole Nation See the Preface to the History of the first 14 Years of the Reign of King James and Wilson fol. 192. But tho Buckingham pursued this Match with such Eagerness yet when it came to his Management in Spain where the King's Proclamations forbidding Men to talk of State-Affairs had no effect he proceeded wrong in every step of it and to gratify his Ambition and Personal Disgusts was the first and principal Instrument to break it off but that we may not insist upon Generals 1. The Prince's coming to Spain and thereby putting himself into the King of Spain's Power brake all the Earl of Bristol's Measures whereupon the Negotiation and all the Particulars of the Marriage was settled and the Negotiation was put into a new Form See Rushw Collect. fol. 286. Objection This was but a Charge by the Earl of Bristol against the Duke who prosecuted the Earl of High Misdemeanors and therefore no Proof against the Duke Answer Yet the Honour of so great a Statesman and faithful a Counsellor as the Earl was who had so honourably served the King in seven foreign Embassies and had by the Expence of 10000 l. saved Heidelburg from falling into the Hands of the Spaniard and having upon the Dissolution of the last Parliament given the King 500 l. upon the Benevolence and never received a Check from the King in all his Negotiations but always honourable Testimonies from him for his faithful Services before Buckingham broke in upon him may go a great way But it seems to me to be a clear Proof upon Buckingham for Bristol twice answered Articles preferred against him without any Reply whereas rather than Buckingham should answer Bristol's Charge King Charles dissolved his second Parliament 2. Buckingham had not learned the Verse which is taught to every School-boy Quum fueris Romae Romano vivito more for being French bred he appeared in a French Garb most hateful to the Spaniards and by his Familiarity with the Prince he seemed rather the Prince's Guardian and Companion than Follower which disrelished the Court of Spain and the Spaniards in general who are grave sober and wary 3. He by contrary Methods opposed all the Earl of Bristol's Methods nay fell at odds with him tho without Comparison he was the ablest Statesman in all King James his Councils 4. Whereas all other Ambassadors and Statesmen in all great Affairs make their Court to the King's Council and prime Ministers of State to attain their Ends Buckingham fell at open Defiance with Olivares prime Minister of State in Spain and 't was generally said made his Court to the Countess which she acquainted her Husband with and instead of the Countess put a tainted Whore to Bed with him 5. The Earl of Bristol in the 9th Article of his Charge against him shews what a Scandal Buckingham gave by his Personal Behaviour in Spain and also employing his Power with the King of Spain for procuring Favours and Offices which he bestowed upon base and unworthy Persons for the Recompence and Hire of his Lust These things as fit neither for the Earl of Bristol to speak nor the Lords to hear he left to their Lordships Wisdom how far they please to have them examined It having been a great Infamy to this Nation that a Person of the Duke 's great Quality and Employments a Privy-Counsellor and Ambassador eminent in his Majesty's Favour and solely in Trust with the Prince should leave behind him in a Foreign Court so much Scandal as he did by his ill Behaviour 6. The Earl of Bristol's sixth Article against Buckingham is That his Behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers that they would admit of no Reconciliation nor farther Dealings with him Whereupon he seeing the said Match would be to his Prejudice he endeavoured to break it not for any Service to the Kingdom nor of the Match it self nor for that he had found as since he pretended the Spaniards did not really intend the said Match but out of his particular Ends and Indignation And the 7th Article says 7. That after he intended to cross the said Match he put in practice divers undue Courses as making use of the Prince's Letters to his own Ends and not as they were intended as likewise of concealing things of high Importance to the King James and thereby to overthrow the King's Purposes and advance his own Ends. Nor had my Lord Keeper Williams any better luck in this Adventure of Buckingham's than the Earl of Bristol or Olivares for tho the Prince's going into Spain was concealed from the Keeper as well as Council yet after the Duke was gone the Keeper's Letters followed him to Madrid wherein the Keeper advised him to be circumspect in all his Actions that no Offence might be taken at any of them by the King and Ministers of Spain and to be advised by the Earl of Bristol not only as a most able Statesman but above all others the most experienced in the Manners of the Spaniards and Court of Spain but this Buckingham took as ill Manners in the Keeper and was an occasion of his quarrelling with him as you may read in the Life of the Lord Keeper written by the Bishop of Litchfield and Coventry But neither the danger of the Prince in Spain nor the cross-grain'd going of the Match any way abated the King's Favour to his beloved Scholar and Disciple Buckingham but he sent after him the Patent of being created a Duke there being not another of England So that now he is become Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villiers Baron of Whaddon Great Admiral of
with all imaginable Esteem as a truly noble discreet and well-deserving Prince however the Prince himself had given them Cause sufficient to have detained him if the Prudence of Bristol had not been greater than Buckingham's Rashness and Zeal to break off the Match solemnly sworn to by the Prince and Buckingham himself and this upon the Day when the Prince parted from the King of Spain from the Escurial as you may see in the Bishop of Litchfield's Life of Dr. Williams and Rushworth fol. 284 285. For though the King of Spain and the Prince had solemnly sworn to accomplish the Marriage and to make the Espousals within ten Days after the Ratifications should come from Rome to which purpose the Prince made a Procuration to the King of Spain and Don Charles his Brother to make the Espousals in his Name and left it in the Earl of Bristol's hands yet he the Prince left in the Hands of one of the Duke's Creatures Mr. Edward Clarke a private Instrument with Instructions to the Earl of Bristol to stay the Delivery of the Proxies till farther Direction from him But when this private Instrument was delivered to Bristol he told Buckingham's Favourite that it must for a time be concealed lest the Spaniard coming to the knowledgâ— of it should give Order to stay the Prince So that the Duke left the Earl's Instrument as perplexed and confounded when he went out of Spain as he had made the Treaty of Marriage when he came into it The Temper and Dissimulation of the Duke is so strange at his taking leave of Olivares as is I believe without all Example and also without any Care of the Safety of the Prince for the Duke told him after he had delivered the Instrument to stay the Delivery of the Proxy That he was obliged to the King and Queen and Infanta in an eternal Tie of Gratitude and that he would be an everlasting Servant to them and endeavour to do the best Offices for concluding the Match and strengthning the Amity between the two Crowns but as for himself Olivares he had so disobliged him that he could not without Flattery make the least Profession of Friendship to him Nor was the Ingratitude and Dissimulation of the Prince less than that of Buckingham for when the King of Spain had brought the Prince to the Escurial where the Prince and Duke after the delivery of the Instrument for staying the Proxy solemnly swore the Treaty of Marriage as you may read in Rushworth fol. 285. and the King and Prince had sworn a perpetual League of Friendship as the Bishop of Litchfield says the King at their Departure declared the Obligation which the Prince had put upon him the King by putting himself into his Hands a thing unusual with Princes and protested he earnestly desired a nearer Conjunction of Brotherly Affection for the more intire Unity between them The Prince answered him magnifying the high Favour which he had found during his Stay in his Court and Presence which had begotten such an Estimation of his Worth that he knew not how to value it but would leave a Mediatrix to supply his own Defects if he the King would make him so happy as to continue him the Prince in the good Opinion of her his Dear Mistress Yet the Prince so soon as he came on Ship-board was observed to say That it was a great Weakness and Folly in the Spaniards after they had used him so ill to grant him a free Departure and soon you 'll see both the Prince and the Duke urge the King James to break off the Match so solemnly sworn by them all and make War upon the Spaniards which was so dangerous to the Parliament to mention Having thus taken a View of the Duke's Prudence and deep Insight in Mysteries of State in managing this Match where King James's Proclamation could not restrain Men from talking of State-Affairs We will now take a View of the Duke's Profession in Religion that another may better judg whether he were more eminent in Religion or State-policy and herein I will take the Earl of Bristol's Charge upon him to be a full Proof since the Earl answered the Duke's Charges against him twice first before King James and afterward in Parliament in the 2d of King Charles without any reply and King Charles his dissolving the Parliament rather than the Duke should come to a Tryal upon the Articles which the Earl exhibited against him 1. The Earl in the said Articles charges the Duke that he did secretly combine with the Conde of Gundamor Ambassador from the King of Spain Anno 1622 to carry the Prince into Spain to the end he might be informed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England 2. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his Return framed as might serve for a Ground to set on foot this Conspiracy the which was done accordingly and thereby the King and Prince highly abused and their Consents thereby gotten for the said Journey viz. after the Return of the said Mr. Porter which was about the latter end of December or beginning of January 1622. whereas the Duke plotted it many Months before 3. That the Duke at his Arrival in Spain nourished the Spanish Ministers not only in the Belief of his being popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristol's House and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore the Sacrament from time to time give the Spaniards Hopes of the Prince's Conversion the which he endeavoured to procure by all means possible and thereby caused the Spanish Minister to propound far worse Conditions for Religion than had been propounded by the Earl and Sir Walter Ashton setled and signed under the K. and Prince's Hand with a clause of the K. of Spain's Answer Dec. 12. 1622 that they held the Articles agreed on sufficicient and such as ought to induce the Pope to grant the Dispensation 4. That the Duke having several times moved and pressed the King James at the Instance of the Conde of Gundamor in the presence of the Earl of Bristol to write a Letter to the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing any such Letter that during the Abode of the said Earl in England the Duke could never obtain it but not long after the Earl was gone he the Duke procured such a Letter to be written from the King James to the Pope and to have him stiled Sanctissime Pater 5. That the Pope being informed of the Duke's Inclination and Intention in point of Religion sent unto him a particular Bull
more but to tell me who is your Ingineer that struck these Sparks out of the Flint to light the Candle to find the Groat which was lost The Prince stood mute and the Duke vowed he knew not the Author Well said the King I have a good Nostril and will answer mine own Question my Keeper had the main finger in it I dare swear he bolted the Flower and made it up into Past Sir said the Prince I was precluded by my Promise not to reveal him but I never promised to tell a Lie for him your Majesty has hit the Man And God do him good for it says the King I need not tell you both what you owe him for this Service he has done himself this Right with me that I discern his Sufficiency more and more This you may read in the Keeper's Life Part 1. from fol. 195 to fol. 200. and much more of the Bishop but I think but little more of the Keeper And tho the Spanish Ambassador received a sore Rebuke here and was sent back into Spain the Bishop says he received no Frown nor Disfavour there Now let 's see how the Duke requited the Keeper for his Service which was but in May In the beginning of Michaelmas-Term following the Duke perswaded my Lord Chief Justice Hobart to tell the King or give it under his hand that my Lord Keeper was not fit for the Place and he would undertake to cast the Keeper out and put my Lord Hobart into his place but my Lord Hobart said Somewhat might have been said at first but he should do my Lord Keeper great wrong that said so now See fol. 201. However such was the Temper of the Times that both Houses chimed in with the Duke in his Narrative and justified him against the Spanish Ambassador who took great Offence at the Duke's Relation as reflecting upon his Master's Honour and demanded his Head for Satisfaction The King was so pleased with the Parliament's Justification of the Duke as we have shewed before that as he had been his Favourite Somerset's Advocate to plead his Cause against the Opinion of Archbishop Abbot to make the Countess of Essex to be virgo intacta and so a fit Wife for Somerset so now he becomes his Disciple Buckingham's Advocate to make him a Favourite to the Nation and because of the Excellency and veracity of his Speech which should dispose the Nation to it we 'll give it you verbatim as it is to be seen in Rushworth fol. 127. My Lords and Gentlemen I Might have nothing to speak in regard of the Person whereof you spake but in regard of your Motion it were not civil for if I be silent I shall neither wrong my self nor that Noble Man which you now spake of because he is well known to be such an one as stands in no need of a Prolocutor or Fideâ—ussor to undertake for his Fidelity or well carrying of the Business And indeed to send a Man upon so great an Errand whom I was not to trust for the Carriage thereof were a Fault in my Discretion scarce compatible to the Love and Trust I bear him It is an old Saying That he is a happy Man that serves a good Master and it is no less true That he is a happy Master that enjoys a faithful Servant The greatest Fault if it be a Fault or at leastwise the greatest Error I hope he shall ever commit against me was his desiring this Justification from you as if he had need of any Justification from others towards me and that for these Reasons First Because he being my Disciple and Scholar he may be assured he will trust his own Relation Secondly Because he made the same Relation to me which he did afterwards to both Houses so as I was formerly acquainted with the Matter and Manner thereof and if I should not trust him in the Carriage I was altogether unworthy of such a Servant He hath no Interest of his own in the Business He had ill Thoughts at home for his going thither with my Son altho it was my Command as I told you before and now he hath as little Thanks for his Relation on the other part he has the Thanks of the Parliament yet he that serves God and a good Master cannot miscarry for all this I have noted in the Negotiation these three remarkable things Faith Diligence and Discretion whereof my Son has born Record unto me yet I cannot deny That as he thought to do good Service to his Master he has given an ill Example to Ambassadors in time to come because he went this long Journey upon his own Charge This will prove an ill Example if many of my Ambassadors should take it for a Precedent He run his Head into the Yoke with the People here for undertaking the Journey and when he had spent there 40 or 50000 l. where should he have this Money never offered his Account nor made any Demand for the same nor ever will I hope other Ambassadors will do so no more I am a good Master that never doubted him for I know him to be so good a Scholar of mine that I say without Vanity he will not exceed his Master's Dictates and I trust the Report not the worst he made because it is approved by you all and I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I find you have done Did ever any old experienced King as he stiles himself so dote upon a young raw and unexperienced Gentleman bred up in no sort of Learning or Business and scarce before he became a Courtier unless in his Infancy breathed any other than French Air as in the face of the Nation to magnify an invidious Tale told by the Duke to the Offence not only of the Spanish Ambassador conversant in the whole Affair but also without hearing the Earl of Bristol who was the greatest Statesman of England if not in Europe and who had so honourably performed several Embassies to the Honour of the King so far as the thing would bear and so manifoldly owned by the King That this Scholar of the King 's unacquainted with the Treaty should break in upon the Earl and not only unravel all but quarrel with him and in another King's Court with the prime Minister of State by whom he might best have attained his End if he designed any However the Parliament address themselves to the King and represent to him That he cannot in Honour proceed in the Treaty of the Match with Spain nor the Palatinate and the Commons offer the King three Subsidies and three Fifteenths for carrying on the War for the Recovery of the Palatinate in case the King will break off the Treaties which the King accepted protesting to God a Penny of this Money should not be bestowed but upon this Work and by their own Committees and the Commons took him at his Word and appointed
Treasurers to receive the Money and a Council of War to disburse the same But the Commons having granted these Subsidies drew up a Petition against the Licence the Popish Party had taken during the Treaty with Spain He was so nettled at it that he called it a Stinging One and hearing the Commons were entring upon Grievances he could not endure it and upon the 29th of May adjourned the Parliament to the 2d of November 1624 and from thence to the 7th of April lest the King should hear of another stinging Petition or a Disturbance in the French Treaty but at this Adjournment he told them at their next Meeting they might handle Grievances so as they did not hunt after them nor present any but those of Importance yet I do not find the Parliament ever met again at least never did any thing However the King passed a General Pardon and the Parliament censured Lionel Earl of Middlesex Lord Treasurer for Corruption in his Office 50000 l. to the King and to be imprisoned in the Tower during the King's Pleasure which was but three days after the Adjournment of the Parliament for upon the first of June he was set free Whilst these things were doing in Parliament the Earl of Bristol was recalled from his Embassy but before his Arrival the Duke dealt by all means that the Earl might be committed to the Tower before he should be admitted to the King's Presence But fearing the Marquiss Hamilton and my Lord Chamberlain would oppose him herein the Duke pressed them that they would concur in it vowing as Somerset did to Sir Thomas Overbury he intended the Earl no hurt but only feared that if he should be admitted to the King's Presence he would cross and disturb the Course of Affairs but neither of these Lords would condescend thereunto This was attested by my Lord Chamberlain before the House of Lords This Deâ—â—gn of the Duke's failing the Duke to terrify the Earl from returning into England writ to him that if he kept not himself where he was in Spain and laid hold of the great Offers which he heard were made unto him the Earl it should be the worse for him At Bourdeaux the Earl heard of the Aspersions cast upon him by the Duke in Parliament of which the Earl did boldly afterward in the House of Lords in the second Parliament of Car. 1. and in the Presence of the Duke affirm That there was scarce any one thing concerning him in the Declaration which was not contrary to or different from Truth From Bourdeaux the Earl took Post to get into England to vindicate himself from the Asperâ—ons which the Duke had cast upon him in Parliament but when he came to Calais tho he sent over to have one of the King's Ships allowed him and for which publick Orders were given and tho the King James had Ships which lay at Boloign which might have every day been with him in three Hours and the Wind fair yet none came tho the Earl waited for one eight Days so that he was forced to pass the Sea to Dover in a Boat and six Oars When the Earl was landed at Dover he was by a Letter from my Lord Conway a Creature of the Duke's commanded in the King's Name to retire to his House and not to come to Court or the King's Presence until he had answered to certain Questions which his Majesty would appoint some of the Council to ask him but this was not out of any ill meaning to him but for fear the Parliament should fall too violently upon him and this the Duke said to some of his Friends was the Reason of the Earl's Restraint Hereupon the Earl humbly petitioned the King he might be exposed to Parliament and that if he had not served the King honestly in all things he deserved no Favour but to be proceeded against with all Severity but received Answer from the King That there should be but few days past before he would put an end to his Affairs but the Parliament was adjourned before the few days passed nor did he ever put an end to them You may read the further Contrivances against him by the Duke in Rushw from fol. 259 to 265. After the Adjournment of the Parliament or if you will the Dissolution of it tho the Earl of Bristol could not obtain Admission into the King's Presence yet he obtained Leave to answer to all the Duke had in his Absence charged upon him in Parliament and withal wrote to the Duke that if he or any Man living was able to make Reply he would submit himself to any thing which should be demanded which tho the Duke presumptuously said That it is not an Assertion to be granted that the Earl of Bristol by his Answer had satisfied the King the Prince or himself of his Innocence yet it so satisfied the King that when the Duke after pressed the King that the Earl might submit and acknowledg his Fault the King answered I were to be accounted a Tyrant to engage an innocent Man to confess Faults of which he was not guilty Tho the Earl said he could prove this upon Oath yet the Duke wrote to him that the Conclusion of all that had been treated with his Majesty was that he the Earl should make the Acknowledgment as was set down in that Paper tho at that time the King sent him word that he would hear him against the Duke as well as he had heard the Duke concerning him and soon after the King died which Promise of the King 's the Earl prayed God did the King no hurt however the Earl obtained Leave of the King to come to London to follow his private Affairs Mr. Rushworth therefore errs a little in point of time where he says fol. 149. the Earl was committed to the Tower in King James his time for he was not committed till the 15th of January 1625. in the first Year of King Charles as you may see in Stow's Life of King Charles fol. 1042. We have now done with the Spanish Match at least during this King's Reign yet the King's Desires of seeing his Son married which he shall never see were as impatient as those of getting the Infanta's huge Portion and to that end before the Meeting of the Parliament and while the Treaty with the Infanta was yet breathing the King sent my Lord Kensington after Earl of Holland to feel the Pulse of the French Court how it beat towards an Alliance between the Prince and Princess Henrietta Maria youngest Daughter of Henry IV. of France A serene Heaven appeared in France upon the Motion not a Cloud to be seen in all the French Horizon Lewis the King telling my Lord Kensington he took it for an Honour that he sought his Sister for the sole Son of so Illustrious a King his Neighbour and Ally only he desired he might send to Rome to have the Pope's Consent for the better Satisfaction of his Conscience And now you
they might But these were no Considerations where Buckingham and Laud govern'd all and those worthy and honourable Statesmen the Archbishop of Canterbury the Keeper Williams and the noble Earl of Bristol were not only discountenanc'd but disgrac'd and not permitted to come into the Council How unsuccessful soever the Expedition was yet another Fate attended that Fleet lent to the French for the Dutch joining a Fleet in conjunction with the French Fleet commanded by the Duke of Momerancy fought the Fleet of the Rochellers and utterly subdued it and then reduced the Isles of Rhee and Oleron to the French Power But tho the miserable Fate of the Reformed began here yet the Dishonour of the English Nation shall soon after follow it so that now Richlieu might write florebunt Lilia Ponto Tho the King dissolved the first Parliament to prevent their impeaching Buckingham yet it was not in Buckingham's Power to supply the King's Necessities but they put him upon the Necessity of calling another And here you may see the little Artifices the King 's grand Ministers of State put him upon for the attaining his Ends and how quite contrary they succeeded There were five Persons whom the Duke took to be his Enemies if they were not so he had given them Cause enough to be so two of them were Peers and three of them Commoners the Peers were the Earl of Bristol and Bishop of Lincoln the Commoners were Sir Edward Coke Sir Robert Phillips a Person whose Memory I revere and should be glad I knew any of his Descendants to whom I could acknowledg it and Sir Thomas Wentworth these Persons the Duke feared would be leading Men in both Houses and was resolved that to his Power he would keep them out He was sure the Earl and the Bishop as Peers of Common Right would have their Writs of Summons and was as sure the other three would be chosen Members of the House of Commons In looking a little back you 'll better see forward You have heard how by the Duke's Power in King James's Reign the Earl of Bristol was first kept back from coming into England and after he was come over was kept under Restraint and denied Admission into the King's Presence lest he should have spoiled the Duke's fine Tale in Parliament concerning the Spanish Match and also after he had answer'd every Particular of it without any Reply and that after King James had promised the Earl should be heard in Parliament against the Duke as well as the Duke had been against the Earl King James fell sick and died thereupon before the Parliament met again After King James's Death the Earl wrote a most humble Letter to King Charles imploring his Favour and desiring the Duke's Mediation which the Duke answered the 7th of May 1625 that the Resolution was to proceed against him without a plain and direct Confession of the Point which he the Duke had formerly required him to acknowledg and in a courtly manner told him That he would advise him to bethink himself in time what would be most for his good In the mean time the Earl received his Writ of Summons to the Parliament whereupon the Earl sent to the Duke that he would do nothing but what was most agreeable to his Majesty's Pleasure which the Duke answered I have acquainted his Majesty with your Requests towards him touching your Summons to the Parliament which he taketh very well and would have you rather make your Excuse for your Absence notwithstanding your Writ than to come your self in Person Hereupon the Earl desired a Letter of Leave under the King's Hand for his Warrant but instead thereof he received from the Lord Conway an absolute Prohibition and even to restrain and confine him as he had been in King James's time tho the Earl was freed from it by King James and in this Restraint the Earl continued three Quarters of a Year during which time he was remov'd from all his Offices and Places he held during that King's Life and tho he had laid out the greatest part of his Estate for their Majesties Service and by their particular Appointment he could never be admitted so much as to clear his Accounts yet hereof the Earl never made the least Complaint Upon the King's Coronation when Princes usually confer Acts of Grace and Favour the Earl addressed himself to the Duke and then became an humble Suitor to the King for his Grace and Favour to which he receiv'd an Answer so different from what the King's Father and the King himself had given him since the Earl's Return into England that the Earl knew not what Construction to make of it After the Writs of Summons for the meeting of this Parliament were out the Earl addressed himself to my Lord Keeper Coventry to be a Suitor to the King in his behalf that the Privilege which of right is due to every Peer might not be denied him which not taking effect the Earl petitioned the House of Peers to mediate to the King for his Writ which was granted but accompanied with a Letter from the Keeper not to take his Place in Parliament As Bristol was the worthiest Statesman in either of these King's Reigns and whose Integrity in all these Varieties of Employments none but Buckingham and Conway presumed at least that I can find or ever heard of so much as to carp at so Lincoln's quaint and excellent not pedantick Learning both in Divinity History the Civil and Canon Law and not a Stranger to our English excelled all others These were adorned with a lively and excellent Elocution and with a wonderful promptness and presence of Mind in giving Judgment in the most nice and subtile dark Points of State and accompanied with an indefatigable Industry in Prosecution of them These Parts were so well observed in him by King James that without any Solicitation of Buckingham or any other but whilst he solicited for another the King conferr'd the Lord Keeper's Place upon him as you may read in his Life fol. 52. tit 62. and after unsought for the King promised him the next Avoidance of the Arch-bishoprick of York or any other Ecclesiastical Preferment and so steddy stood he in King James's Favour that Buckingham's Attacks could no ways shake him in it In Chancery he mitigated the Fees and all Petitions from poor Men were granted gratis and was so far from prolonging Suits that in the first Year he ended more than in seven Years before yet with such Caution that he would have some of the Judges but principally Sir Henry Hubbard to be assisting so that notwithstanding his Celerity in Dispatch in all the five Years of his being Lord Keeper not one of his Orders neither by Parliament nor by the Court of Chancery were ever revers'd Cardinal Richlieu is much celebrated for the Speech he made in the Convention of Notables which you may read at large in Howel's Life of Richlieu f. 162 163 164. to excite
at the Duke of Buckingham and wonders what had altered their Affections to him when in the last Parliament of his Father's time he was their Instrument to break the Treaties for which they did so honour and respect him that all the Honour conferred upon him was too little He wot not what had chang'd their Minds but assures them that the Duke had not meddled with or done any thing concerning the Publick but by his special Directions and was so far from gaining any Estate thereby that he verily thinks the Duke rather impaired the fame He would have them hasten the Supplies or it will be the worse for them for if any Ill happens he thinks he shall be the last that shall feel it The Commons had yet fresh in Memory the Dissolution of the Parliament at Oxford about six Months before and what Trust there was to this King's Word for Redress of Grievances so as it was done in a dutiful and mannerly Way after they had given Money and therefore they little altered their Course from what they had done at Oxford yet more than Parliaments heretofore did to have Grievances first redress'd and then to give Supplies for they voted to proceed upon Grievances and to give the King three Subsidies and three Fifteenths This gave the Duke little Satisfaction so that the King himself became the Duke's Advocate and told the Commons in a Speech which you may read in Rushw fol. 225. that he came to inform the Commons of their Errors and unparliamentary Proceedings so that they might amend their Faults which was enlarged by my Lord Keeper Coventry who told them of the King's Necessities and his Patience in Expectation of Supplies and of the King's Promise of Redress of Grievances after Supplies were granted That the Enquiry upon sundry Articles against the Duke upon Câ—nanâ—n Fame was to wound the Honour and Government of his Majesty and of his renowned Father and therefore it was his Majesty's final and express Command that they yield Obedience to those Directions which they formerly receiv'd and cease their unparliamentary Proceedings against the Duke and leave to his Majesty's Care Wisdom and Justice the future Reformation of those things which they supposed to be otherwise than they should be and that the King took notice that they had suffered the greatest Council of State The Duke and Laud to be censured and traduced by Men whose Years and Education cannot attain to that Depth Why then were the old Members kept out of the House which could have better informed them and that the three Subsidies and three Fifteenths were no ways proportionable to supply the King's Necessities c. and concludes that his Majesty doubts not but after this Admonition they will observe and follow it which if they do his Majesty is most ready to forgive all that is past Then the King added that in his Father's time by their Perswasion he was their Instrument to break off those Treaties and that then no Body was in so great Favour with 'em as the Man they seem now to touch but indeed his Father's Government and his and that Parliaments are altogether in his Power for their Calling Sitting and Dissolution and as he finds the Fruits they are to continue or not to be But if the Commons Proceedings against the Duke were erroneous and unparliamentary and through the Duke's Sides wounded not only the King's Government but that of his renowned Father and that the young Men in this House of Commons had censured and traduced the King's highest Council of State you shall now hear of an old Statesman in the House of Lords which shall not only cease the Wonder which caused the Parliament in the 21st of King James so to applaud the Duke but shall wound the whole Story which begat that great Applause to the Duke You have heard before how the Earl of Bristol was stopp'd at Calais from coming over into England after his Return out of Spain and after he came to Dover when the Duke could not prevail upon Marquiss Hamilton and the Earl of Hertford to have the Earl sent to the Tower upon his Arrival in England how he was stopp'd by a Letter from the Lord Conway that he should not come to Court nor to the King's Presence till he had answered to some Queries which his Majesty would appoint some of the Lords of the Council to ask him which was not done till the Parliament was adjourned and never met more and how after King James's Death the Earl was not only kept from his Liberty and the King's Presence but removed from all his Offices and Employments and not suffered to come to an Account for the Moneys expended in the King's Service and not permitted to come to the Parliament which was dissolved at Oxford Upon the King's Summons of this Parliament the Earl petitions the King to have his Writ of Summons which was never denied to any Peer to assist in the House of Peers but he received an Answer by the Lord Conway That the King was no ways satisfied in it and propounded to the Earl Whether he would rather sit still and enjoy the Benefit of the late King's Pardon in Parliament or to wave it and put himself upon Trial for his Negotiation in Spain and one of these he must trust to and give a direct Answer The Earl in Answer said He had been already question'd upon 20 Articles by a Commission of the Lords and had given such Answers that their Lordships never met more about that Business and that he did not wave the Pardon granted by King James in Parliament These Letters you may read at large in Rushworth fol. 138 139 140. Hereupon the Earl petitions the House of Lords shewing that he being a Peer of this Realm had not received his Writ of Summons to Parliament and desires their Lordships to mediate with his Majesty that he may enjoy the Liberty of a Subject and the Privilege of his Peerage after almost two Years Restraint without any Trial brought against him and that if any Charge be brought against him he prays he may be try'd by Parliament Hereupon the Lords petition the King that not only the Earl of Bristol but all such other Lords whose Writs are stopt except such as are made uncapable to sit in Parliament by Judgment of Parliament or some other legal Judgment may be summoned This nettled the Duke to the quick so that he told the House the King had sent the Earl his Writ but withal deliver'd such a Letter which the King sent to the Earl which I care not to transcribe but you may read it in Rushworth fol. 241. wherein this great Statesman Buckingham would have the Earl judged and censured by the King without hearing the Earl and thereby forestal the Judgment of the Lords against the Earl It 's true indeed my Lord Keeper Coventry sent the Earl a Writ of Summons to attend in Parliament but withal signified by a Letter
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
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
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
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
the Kingdoms of England and Ireland and the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoign and Guienne General Governor of the Seas and Ships of the Kingdom Master of the Horse to the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members of the same Constable of Dover-Castle Justice in Eyre of all the Forests and Chases on this side of Trent Constable of the Castle of Windsor Gentleman of his Majesty's Bed-Chamber one of his Majesty's most Honourable Privy-Council in his Realms of England Scotland and Ireland and Knight of the most Honourable Order of the Garter But tho all others worshipped this prodigious Favourite yet Arch-bishop Abbot a Prelate of Primitive Sanctity and Integrity would not flatter neither the King nor his Favourite in their Courses so dangerous to the Church and State and dishonourable to the King and tho in Disgrace he wrote this following Letter to the King which you may read in Rushworth fol. 85. May it please your Majesty M I Have been too long silent and am afraid by my Silence I have neglected the Duty of the Place it has pleased God to call me unto and your Majesty to place me in But now I humbly crave leave I may discharge my Conscience towards God and my Duty to your Majesty and therefore freely to give me leave to deliver my self and then let your Majesty do what you please Your Majesty hath propounded a Toleration of Religion I beseech you to take into your Consideration what that Act is what the Consequence may be By your Act you labour to set up the most Damnable and Heretical Doctrine of the Church of Rome the Whore of Babylon How hateful will it be to God and grievous to your Subjects the Professors of the Gospel that your Majesty who hath so often and learnedly disputed and written against those Heresies should now shew your self a Patron of those wicked Doctrines which your Pen hath to the World and your Conscience tells your self are superstitious idolatrous and detestable and hereto I add what you have done by sending the Prince into Spain without the Consent of your Council the Privity or Approbation of your People and altho you have a Charge and Interest in the Prince as the Son of your Flesh yet the People have a greater as Son of the Kingdom upon whom next after your Majesty are their Eyes fixed and their Welfare depends and so tenderly is his going apprehended as I believe however his Return may be safe yet the Drawers of him into this Action so dangerous to himself so desperate to the Kingdom will not pass away unquestion'd and unpunished Besides the Toleration which you endeavour to set up by your Proclamation cannot be without a Parliament unless your Majesty will let your Subjects see that you will take to your self the Ability to throw down the Laws of the Land at your Pleasure What dread Consequence these things may draw afterwards I beseech your Majesty to consider and above all lest by this Toleration and discountenancing the true Profession of the Gospel wherewith God hath blest us and this Kingdom hath so long flourished under it your Majesty doth not draw upon this Kingdom in general and your self in particular God's Wrath and Indignation I have heard my Father say that King James kept a Fool called Archy if he were not more Knave whom the Courtiers when the King was at any time thoughtful or serious would bring in with his antick Gestures and Sayings to put him out of it In one of these Modes of the King in comes Archy and tells the King he must change Caps with him Why says the King Why who replies Archy sent the Prince into Spain But what said the King wilt thou say if the Prince comes back again Why then said Archy I will take my Cap from thy Head and send it to the King of Spain which was said troubled the King sore But if we look back into Spain we shall see things of another Complection than when Buckingham came into it For now he is disgusted he put the Prince quite out of the Match as that tho all things were agreed upon the coming of the Dispensation from Rome so as King James said all the Devils in Hell could not break the Match yet his Disciple and Scholar could tho the Duke had certified the King the Match was brought to a happy Conclusion and the Match publickly declar'd in Spain and the Prince permitted Access to the Infanta in the Presence of the King and the Infanta was generally stiled the Princess of England and in England a Chappel was building for her at St. James's and the King had prepared a Fleet to fetch her into England which only proved to bring back his Son How things especially actuated by Love should stay here may seem strange yet such an Ascendant had Buckingham over the Prince that the Affront put upon him Buckingham must quite deface the Prince's vowed Love and Affection to the Infanta but how to prevail with King James to comply might have an appearance of some Difficulty since the King had set his Rest upon it and had quarelled with the Parliament and dissolv'd them in great Anger and Fury for but mentioning it After the Duke had gained the Prince to break or at least not to observe the Conditions of the Treaty of the Marriage with the Infanta so solemnly sworn to by both the Kings and the Prince let 's now see how he behaved himself to King James afterwards but this will be better understood if we look back and see how things stood before the Prince's and Duke's Arrival in Spain The Prince's going into Spain was not only kept secret from King James ' s Council but from my Lord Keeper Williams tho the King confided in his Abilities above all the other of his Council but when it had taken vent the King asked the Keeper what he thought Whether the Knight Errant's Pilgrimage meaning the Prince's would prove lucky to win the Spanish Lady and to convey her shortly into England Sir answered my Lord Keeper If my Lord Marquess will give Honour to Conde Duke Olivares and remember he is the Favourite of Spain or if Olivares will shew honourable Civility to my Lord Marquess remembring he is a Favourite of England the Wooing may be prosperous but if my Lord Marquess should forget where he is and not stoop to Olivares or if Olivares forgetting what Guest he hath received with the Prince bear himself haughtily and like a Castilian to my Lord Marquess the Provocation may be dangerous to cross your Majesty's good Intentions and I pray God that either one or both do not run into that Error The Answer of the Keeper took such Impression upon the King that he asked the Keeper if he had wrote to his Son and the
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
to procure a private Audience of the King tho he often desired it but what the Duke assisted at Inoiosa impatient of any longer Delay about the latter end of April 1624 contrived this Expedient to put the following Paper into the King's Hand he and Don Carlo de Colonna came adventurously to White-Hall and whilst Don Carlo held the Prince and Duke in earnest Discourse Inoiosa put this Paper into the King's Hand with a Wink that the King should put it into his Pocket wherein 1. He terrifies the King that he was not or could not be acquainted with the Passages either of his own Court or of the Parliament for he was kept from all faithful Servants that would inform him by the Ministers of the Prince and Duke and that he was a Prisoner as much as King John of France in England or King Francis at Madrid and could not be spoken with but before such as watched him 2. That there was a strong and violent Machination in hand which had turned the Prince a most obedient Son to a quite contrary Course to his Majesty's Intentions 3. That the Council began last Summer at Madrid but was lately resolved on in England to restrain his Majesty from the Exercise of the Government of his Kingdoms and that the Prince and Duke had designed such Commissioners under themselves as should intend great Affairs and the Publick Good 4. That this should be effected by beginning of a War and keeping some Companies on foot in this Land whereby to constrain his Majesty to yield to any thing chiefly being brought into Straits for want of Monies to pay the Souldiers 5. That the Prince and Duke's inclosing his Majesty from the said Ambassador and other of his own Loyal People that they might not come near in private did argue in them a fear and distrust of a good Conscience 6. That the Emissaries of the Duke had brought his Majesty into Contempt with the potent Men of this Realm traducing him for slothful and unactive for addiction to an inglorious Peace while the Inheritance of his Daughter and her Children is in the Hands of his Foes and this appear'd by a Letter which the Duke had writ into Holland and they had intercepted 7. That his Majesty's Honour nay his Crown and Safety did depend upon a sudden Dissolution of the Parliament 8. They loaded the Duke with sundry Misdemeanours in Spain and his violent Opposition to the Match 9. That the Duke had divulged the King's Secrets and the close Designs between his Majesty and their Master King Philip about the States of Holland and their Provinces and laboured to put his Majesty out of the good Opinion of the Hollanders 10. That the Duke was guilty of most corrupt dealing with the Ambassadors of divers Princes 11. That all these things were carried on in the Parliament with an head-strong Violence and that the Duke was the cause of it who courted them only that were of troubled Humours 12. That such Bitterness and Ignominies were vented in Parliament against the King of Spain as were against all good Manners and Honour of the English Nation The 13th is a flat Contradiction to the Precedents wherein they made the Prince privy to dangerous things yet in this they say That the Puritans of whom the Duke was Head did wish they could bring it about that the Succession of the Kingdom might come to the Prince Palatine and his Children in right of the Lady Elizabeth In a Postscript the Paper prayed the King That Don Francisco Carondelet Secretary to the Marquess Inoiosa might be brought to the King when the Prince and Duke were sitting in the Lords House to satisfy such Doubts as the King might raise which was performed by the Earl of Kelly who watch'd a fit Season at one time for Francisco and for Padre Maestro a Jesuit at another time who told their Errand so spitefully that the King was troubled at their Relations How far the Spanish Ambassador Carondelet and the Jesuit Maestro could make good this Paper I cannot tell nor does the Bishop say however the King was apprehensive that the Parliament was solicitous to engage him in a War for the Palatinate which he so dreaded that as the Bishop says he thought scarce any Mischief was so great as was worth a War to mend it wherein the Prince did deviate from him as likewise in his Affection to the Spanish Alliance But he stuck at the Duke more whom â—e defended in one part to one of the Spanish Ministers yet at the same time complaining That he had noted in him a turbuleâ—â— Spirit of late and knew not how to mitigate it so that casting up the Sum he doubted it might come to his turn to pay the Reckoning These Thoughts so wrought upon the King that his Countenance fell suddenly that he mused much in Silence and that he entertained the Prince and Duke with mystical and broken Speeches this nettled them both and enquiring the Reason they could not go further than that they heard the Spanish Secretary and the Jesuit Maestro had been with the King and understood that some in the Ambassador's House had vaunted that they had nettled the Duke and that a Train would take fire shortly to blow up the Parliament In this Perplexity the King prepared to take Coach for Windsor to shift Ground for some better Rest in this Unrest and took Coach at St. James's Gate and the Prince with him and found a slight Errand to leave Buckingham behind as the King was putting his Foot into the Coach the Duke besought him with Tears in his Eyes and humble Prayer that his Majesty would let him know what could be laid to his Charge to offend so good and gracious a Master and vowed by the Name of his Saviour he would purge it or confess it The King did not satisfy him but breathed out his Disgust that he was the unhappiest alive to be forsaken of them that were dearest to him which was uttered and received with Tears from his own Eyes as well as the Prince's and Duke's and made haste to Windsor leaving the Duke behind this was upon Saturday at the end of April The Duke forlorn retires to Wallingford-House and was in such Confusion and Distraction that when my Lord Keeper who had notice of all these things and was more careful of the Duke than he could be of himself came to him he found the Duke lying upon his Couch in that immoveable Posture that he would neither rise up nor speak tho the Keeper invited him to it twice or thrice by courteous Questions The Keeper told him by the Faith of a deep Protestation that he came purposely to prevent more Harm and to bring him out of that Sorrow into the Light of the King's Favour That he verily believ'd God's directing Hand was in it to stir up his Grace to advance him to those Favours which he possessed to do him Service at this Pinch of Extremity
Before a Year goes about you shall see Buckingham set the King at odds with the Parliament and yet engage him in a War against Spain and before another goes about engage the King in another against France to satiate his Spight and Revenge against Richlieu for crossing him in his Lust and after 13 Years Laud shall be the Fire-brand to set all the three Nations in the Flame of a Civil War as King James had foretold But it 's time to come to Particulars The first Enterprise which the Duke engaged the King in was not for the Recovery of the Palatinate as he pretended when he would have engaged King James in a War against the King of Spain but to express his Hatred against Olivares and therefore a Fleet must be rigged up to make War in Spain even when King James's Corps lay unburied and at so unseasonable a time when the Charges of King James's Funeral were so fast approaching and when the Charges of the King's Ambassadors the Earls of Carlisle and Holland ran so high at Paris to outvy the French Splendor for solemnizing the Marriage between the King and the Queen and these so much more augmented by the Duke's Preparations to fetch the Queen over which when the Duke shall come to Paris must outshine not only the Bravery of the English Ambassadors but all that Cardinal Richlieu could do From the Unseasonableness of this Expedition let 's see by what Counsels Buckingham managed this designed Expedition and herein take Light from a Letter which my Lord Cromwel wrote to the Duke and which you may read in Rushworth's Collections fol. 199. after the Fleet had lain so long that the Season of the Year was past and most dangerous for Ships to put to Sea The Letter is Verbatim THey offer to lay Wagers the Fleet goes not this Year and that of necessity shortly a Parliament must be which when it comes sure it will much discontent you It 's wonder'd at that since the King did give such great Gifts to the Dutchess of Chevereux and those that went how now a small Sum in the Parliament should be called for at such a time and let the Parliament sit when it will begin they will where they ended They say the Lords of the Council knew nothing of Mansfield's Journey or this Fleet which discontents even the best sort if not all They say it is a very great Burden your Grace takes upon you since none know any thing but you It 's conceived that not letting others bear part of the Burden you now bear it may ruin you which Heavens forbid Much Discourse there is of your Lordship here and there as I passed home and back and nothing is more wonder'd at than that one grave Man is not known to have your ear except my Good and Noble Lord Conway All Men say if you go not with the Fleet you will suffer in it because if it prosper it will be thought no Act of yours and if it succeed ill it might have been better if you had not guided the King They say your Vndertakings in this Kingdom will much prejudice your Grace and if God bless you not with Goodness to accept kindly what in Duty and Love I offer questionless my Freedom of letting you know the Discourse of the World may prejudice me But if I must lose your Favour I had rather lose it for striving to do you good in letting you know the Talk of the wicked World than for any thing else so much I heartily desire your Prosperity and to see you trample the ignorant Multitude under foot All I have said is the Discourse of this World and when I am able to judg of Actions I will freely tell your Lordship my Mind which when it shall not always incline to serve you may all my noble Thoughts forsake me The Success of this Expedition you will hear soon Thus was the King of Spain required for all the noble Favours he had shewn the King when he was in Spain This was the Return of Buckingham's Protestation to the King of Spain when they parted at the Escurial That he would be an everlasting Servant to the King of Spain the Queen and the Infanta and would do the best Offices he could for concluding the Business the Match between the Prince and Infanta and strengthen the Amity between the two Kingdoms to have War made upon him without any Declaration of it by King Charles so soon as it came in his Power to do it After Buckingham became Lord Admiral the English Navy lay at Road unarmed and fit for Ruin as you may see in Rushworth fol. 3. This was before the Treaty of the Spanish Match and after the breaking of the Spanish Match the Duke not only neglected the guarding of the Seas whereby the Trade of the Nation not only decayed but the Seas became ignominiously infested by Pyrates and Enemies to the Loss of very many of the Merchants and Subjects of England as you may read in the Fourth Article of the Charge of the Commons against him in Rushworth fol. 312. Objection But this was but an Accusation and therefore it does not amount to a Proof It ought not to be presumed the Commons would have charged this upon him without Proof and I say it is strong Proof upon the Duke since the King dissolved the Parliament rather than the Duke should come to a Trial upon it However the Navy lay thus neglected and Seas unguarded and tho the French had broken the Treaty of Marriage with France by not suffering Mansfield to land his Army at Calais yet the supplying the French with a Fleet to subdue the Rochellers must be performed And to this end even whilst King James lay unburied great Consultation between the Duke and the Marquiss of Efsiat was had how this might be done The King had no Men of War ready but the Vaunt-Guard and the French Necessities were urgent for all this while Sobiez rode triumphant at Sea the French not being able to encounter him and thereby Rochel upon all Occasions was relieved by Sea However the French must be gratified or this hopeful Marriage with France might be disturbed The Duke therefore by his Power of Lord Admiral besides the Vaunt-Guard pressed 7 Ships of the Merchants of England into the King's Service viz. The Great Neptune whereof Sir Ferdinando Gorge was Captain the Industry of 450 Tuns whereof James Moyer was Captain the Pearl of 540 Tuns whereof Anthony Tench was Captain the Marigold of 300 Tuns whereof Thomas Davis was Captain the Loyalty of 300 Tuns Jasper Dare Captain the Peter and John of 300 Tuns John Davis Captain and 7thly the Gift of God Henry Lewen Captain The Duke tho the Navy were unprovided with Stores and Ammunition could find Stores and Ammunition sufficient for furnishing this Fleet and upon the 8th of May caused a Warrant under the Great Seal to be issued to call the Companies aboard which had been raised
for the French Service with the first Opportunity to go to such a Port as the French Ambassador should direct and there to expect Directions But see the Dissimulation and Hypocrisy of the Duke and French Ambassador d'Efsiat for all this while they gave out that this Fleet should not be employed against the Rochellers but against Genoua which it seems took part with the King of Spain against the French King's Allies in Italy and that Vice-Admiral Pennington should not take in any more French into any of the Ships of this Fleet than the English could master These were the Instructions which the Duke communicated to the Council and with these Pennington sailed to Diep But when the Fleet arrived at Diep the Duke of Momerancy Admiral of France would have put 200 Men into the Industry and offered the like to every one of the other Ships in the Fleet telling them they were to fight against the City and Inhabitants of Rochel with a Proffer of Chains of Gold and other Rewards to all those Captains Masters and Owners which should go in this Service which they all with one Consent rejected and subscribed their Names to a Petition to Pennington against it whereupon on Pennington with the whole Fleet returned into the Downs and from the Downs Pennington wrote a Letter to the Duke by one Ingram who saw the Duke read it together with the last Petition and by Ingram Pennington became a Suitor to the Duke to be discharged of this Employment This put the Duke and French Agents to their Trumps how to retrieve their Game and tho all these Transactions were concealed from the King and Council yet the Protestants in France had got Knowledg of this Design and the Duke of Rohan and Protestants of France by Monsieur de la Touche solicited the King and Council against this Design and had good Words and Hopes from both But Buckingham told de la Touche the King his Master was obliged and so the Ships must and should go But there was another Obstacle to be removed or this worthy Design was at a full Stop The Duke had imprest and hired the seven Merchants Ships upon the King of England's Account and for his Service and so they could not be passed into the French Hands without a new Agreement with the Owners Hereupon his Grace was pleased to take a Journey to Rochester to settle the Agreement which must be as the French Ambassadors would whether the Owners of the Ships would or not I will be particular herein not only to shew what a Minister of State Buckingham was or what Reliance there was upon his Word or Honour but more especially for that the Ruin not only of the whole Interest of the Reformed of France was a Consequence of this Action wherein the Mercenary Dutch State conspired also with the Duke but it was the Foundation upon which the French Naval Grandeur was built as well to the Terror of Christendom as of England at this very Day My Lord Conway was the Duke's Nanny and tho principal Minister of State by the Duke's Promotion yet made the Office to bend which way soever the Duke nodded This Lord Conway directed a Letter upon the 10th of July 1625. as from the King to Vice-Admiral Pennington whereby he took upon him to express and signify to him that his Master had left the Command of the Ships to the French King and that Pennington should receive into them so many Men as the French King pleased for the time contracted for viz. six Months but not to exceed eighteen and recommended his Letter should be his sufficient Warrant This Letter was delivered by one Parker to Pennington in the Downs and the English Merchants had constituted one James Moyer and Anthony Touchin to treat with the French Ambassadors which were the Duke of Chevereux Monsieur Vollocleer and the Marquiss of Efsiat and at Rochester the Duke sent back a Letter to Moyer and Touchin to come and treat with the French Ambassadors to settle Business about the Delivery up of their Ships and Fraights into the Power of the French King The Propositions which the French Ambassadors made to Moyer and Touchin were 1. That the English Captains and their Companies should consent and promise to serve the French King against all none excepted but the King of Great Britain in Conformity to the Contract formerly passed between D'Efsiat and them 2. That they should consent and agree in consideration of the Assurance given them by the Ambassadors to the Articles of the 25th of March before which you may read in Rushworth fol. 328. whereby the French King should be Master of the said Ships by indifferent Inventory and that they by him should be warranted against all Hazards and Sea-fights and if they miscarried then the Value of them to be paid by the French King who would also confirm this new Proposition within 15 Days after the Ships should be delivered to his Use by good Caution in London 3. That if the French King would take any Men out of the Ships he might but without any Diminution to the Fraight for or in respect thereof To these Moyer in the behalf of the Merchants answered 1. That their Ships should not go to serve against Rochel 2. That they would not send their Ships without good Warrants 3. Nor without sufficient Security to their liking for the Payment of their Fraight and Rendition of their Ships or the Value thereof for the Ambassadors Security was by them taken not to be sufficient and they protested against it and utterly refused the peraffetted Instrument Hereupon Sir John Epstey and Sir Tho. Dove disswaded the Duke from this Enterprize telling him he could not justify nor answer the Delivery of the Ships However Buckingham's Dictatorship would not admit of Justice or Reason but he commanded Moyer and the rest that they should obey the Lord Conway's Letter and return to Diep to serve the French and that so was the King's Pleasure tho the King told the Duke of Rohan's Agent de la Touche otherwise yet privately at the same time the Duke told them that the Security offered by the Ambassadors was sufficient and that tho they went to Diep they might and then should keep their Ships in their own Power till they had made their own Conditions Hereupon the Duke of Chevereux and Vollocleer constituted D'Efsiat their Deputy to treat with the Merchants at Diep for the Delivery of their Ships into the French Power but with him the Duke sent Mr. Edward Nicholas his Secretary with Instructions by word of Mouth to execute the King's Pleasure by my Lord Conway's Letter for putting the Merchants Ships into the French Power upon the Conditions peraffetted at Rochester by the three French Ambassadors But the Captains of the Ships refused to submit to the Conditions tho Mr. Nicholas in the King's Name from Day to Day threatned them and vehemently pressed them to deliver up their Ships upon the
former Propositions Hereupon D'Efsiat to have further Instructions from the Duke entred into a new Treaty with the Merchants and like a French Merchant got Letters to be sent into England that the Peace was concluded with those of the Religion in France and that within 14 Days the War should break out in Italy with a Design upon Genoua a matter of great Importance against the Spaniard Hereupon the Duke procured the King to write a Letter to Pennington dated July 28. to this effect HIS Majesty did thereby charge and command Captain Pennington without delay to put his Highness's former Command in Execution for consigning the Vaunt-Guard into the hands of the Marquiss D'Efsiat for the French with all her Furniture assuring her Officers his Majesty would provide for their Indemnity And to require the other seven Ships in his Majesty's Name to put themselves into the Service of the French King according to the Promise his Majesty had made to him And in case of Backwardness or Refusal commanding him to use all forcible means to compel them even to sinking with a Charge not to fail and this Letter to be his Warrant This Letter was deliver'd to Pennington in the Beginning of August by Captain Wilbraham Hereupon Pennington went back out of the Downs carrying with him the said Letters and certain Instructions in Writing from the Duke to his Secretary Nicholas And about the time Pennington returned to Diep Nicholas threatned the Captains of the Ships and told them it was as much as their Lives were worth if they deliver'd not up their Ships to the French whereupon some of them would have come away and left their Ships and fled into Holland Upon Pennington's coming to Diep he delivered the Van-Guard absolutely into the French Power to be employed as they pleased and acquainted the rest of the Captains with the King's Command that they should likewise put their Ships into the French Power which they all refused to do unless they might have good Security for the Delivery of their Ships or Satisfaction for them Hereupon Pennington went on Shore and spoke with D'Efsiat and upon his Return told the Captains they must rely upon the Security peraffetted in England whereupon the Captains weighed Anchor and prepared to be gone upon which Captain Pennington shot at them and forced them all to come to an Anchor again except the brave Sir Ferdinando Gorge in the Neptune more brave in running away from this abominable Action than charging into the midst of an Enemy When the Captains came a-shore they spoke with Mr. Nicholas who enforced them to come to a new Agreement which you may read in Rushworth fol. 335. and to deliver up their Ships into the French Power but not one of them would take the French Pay in the Expedition but one Gunner who was at his Return kill'd in charging of a Cannon not well spunged by him and the Duke's Secretary Nicholas had a Diamond Ring and a Hat-band set with Diamond-Sparks given him by the French Ambassador for his pains taken in this noble Employment This was the second noble Design of this grand Minister of State Buckingham whilst King James lay unburied we will now proceed to the third wherein you 'll see how well Richlieu requited Buckingham's Service in accommodating the French with a Fleet to subdue the Rochellers Tho the Duke did not personally manage the Treaty of the French Marriage at Paris as he did the Spanish at Madrid for the Reasons aforesaid yet none but he now the whole Treaty was consummate and so firmly performed on the English part must fetch the Queen to the King and when all the mighty Preparations for the Magnificence of this mighty Duke were compleated away he hies to Paris where he arrived the 24th of May and there he staid the full term of seven Days wherein he performed more wonderful Exploits than he had done in so many Months before at Madrid And these we will take from the noble Nani who was out of the Reach of Buckingham's Envy or Flattery of the English Court and as near as I can in his own Words Anno 1625. fol. 221 222. Buckingham being in France to carry back Charles's Bride it seemed that in the free Conversations of that Court he had taken the Boldness to discover something of his Inclination to the Queen whilst the Cardinal was inflamed with the same Passion or rather feigned to be so with Aversion in her who with Vertue equal to the Nobleness of Blood equally despised the Vanity of the one and abhorred the Artifices of the other I think Nani herein was mistaken as will soon appear Whereupon the Factions arising among the Ladies of the Court were not so secret but the King was obliged to make a Noise and banish some but the Contention between the two Favourites was for Power and Richlieu who by reason of the Favour of the King in his own Kingdom prevailed in Authority procured Buckingham many Mortifications and Disgusts The other was no sooner arrived at London with the Bride but to make a shew of Power not inferiour by ill using her thought to revenge himself The Catholick Religion served for a Pretext whilst the Family brought out of France according to Contract of Marriage practised it whence Disgusts brake forth to such a degree that the Minds of the Spouses being alienated and Affections between the Crowns themselves disturbed it looked as if Discord had been the Bride-maid at that Wedding You 'll hear more of this hereafter It 's observable when Humour not Counsel governs Actions how it runs into the contrary Extreams King James in Confidence of being supplied of all his Wants by the Spanish Match in great Displeasure broke up the Parliament in the 18th Year of his Reign and imprisoned many of the Members for presuming to advise him against it and this King expected the Parliament should make good all the Duke's Extravagancies for the Tale which the Duke told in Parliament the 21 Jac. for breaking off the Spanish Match when he kept back the Earl of Bristol as you heard before from making his Defence and proving the contrary of what Buckingham had told And so confidently was the King possessed that that Parliament continued in the same Mood that I have heard one of Sir Coke's Sons say that tho when King Charles came to the Crown Sir Edward would have waited upon him in Testimony of his Duty and Service the King would not admit him into his Presence yet the King sent to know of him whether he might continue this Parliament notwithstanding the King's Death which Sir Edward said could not be for that upon the King's Death the Dissolution followed yet upon the Election not ten of the old surviving Members but were chosen again This Parliament met upon the 18th of June 1625. where the King laid open to them that the Business he called them for was that whereas they had advised him to break off the
am not when Buckingham came out of France with the Queen of England he left or soon after sent Sir Balthazer Gerbier to hold secret Correspondence between the Queen and himself and tho Richlieu watch'd Gerbier narrowly yet he brought the Queen's Garter and an exceeding rich Jewel to Buckingham from her Upon the breaking out of the Feuds in the Queen's Family which began almost as soon if not before it was settled Buckingham prevails with the King to be sent into France to compose them which was granted But Nani says the true Motive of Buckingham's Journey being ascribed to Love contracted in that Court Richlieu perswaded the King to refuse him Entrance into the Kingdom The Rage hereupon of the other was inflamed to extremity and sware since he was forbidden to enter in a peaceable manner into France he would make his Passage with an Army Here you see the Duke was under a double Obligation of Love and Honour and since he could not attain his End in Love it 's remarkable by what Steps he proceeded to make good his Oath and Honour of entering into France with an Army which will be better observed if they be look'd upon in their Circumstances It was the 16th of August 1625 in the first Year of the King's Reign as you may see in Rushworth fol. 335. that Buckingham caused the Captains of the Fleet under the Command of Vice-Admiral Pennington to deliver it into the French Power to fight against the Rochellers and while the Fleet was thus in the French Power and after the Duke had received the horrible Affront of being denied Entrance into France in a peaceable and loving manner about Michaelmas following viz. about six Weeks after the delivery of the Fleet the Duke as Lord High Admiral of England by an extraordinary Commission seized the St. Peter of New-haven John Mallerow Master laden with Goods Merchandize and Money to the value of 40000 l. upon the account of Monsieur Villiers Governor of New-haven and other French Merchants as Prize and the Duke took out of the said Ship sixteen Barrels of Cochineal eight Bags of Gold three and twenty Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold and Monies and Commodities to the value of 20000 l. and delivered them to Gabriel Marsh his Servant Whereupon there was an Arrest of two English Merchant Ships in New-haven upon the 7th of December following viz. 1625. whereupon by a Petitionâ— from the Merchants the King ordered December the 28th that the Ship and Goods belonging to the French should be re-delivered to the French upon this the Court of Admiralty decreed upon the 16th of January following that the Ship with all the Goods except three hundred Mexico Hides sixteen Sacks of Ginger one Box of gilded Beads and five Sacks of Ginger should be released from further Detention and delivered to the Master yet the Duke not only detained to his own use the said Gold Silver Pearl Emeralds Jewels and Money but upon the 6th of February following without any legal Proceedings caused the sid Ship to be again arrested and detained as you may see in Rushw f. 312. And here began the seizing of our English Ships in France which the Duke makes one of the Causes of the War Object But this is but a Charge of the Commons upon the Duke and therefore no direct Proof Answ It is not to be presumed the Commons would have charged these things thus particularly and positively without Proof and I say moreover they are to be taken for Truth since the King did dissolve the Parliament rather than the Duke should come to his Trial upon the Commons impeaching him hereupon and 't is worth Observation to see how without Counsel and by contrary Extreams the King and Duke engaged in both the Wars against Spain and France The Bishop of Litchfield in the second Part of the Life of the Lord Keeper Williams f. 4. tit 2. says The next day after King James's Death the King and Duke were busied in many Cares but the chief was for the Continuation of the Parliament at King James's Death the Keeper shewed that the Parliament determined with the Death of the King then the King said Since Necessity required a new Parliament his Will was that Writs forthwith be issued out of Chancery for a new Choice and not a day lost The Keeper hereupon craved leave to be heard and said It was usual in times before that the King's Servants and Friends did deal with Counties Cities and Boroughs where they were known to procure a Promise for their Elections before the precise time of any insequent Parliament was published and that the same Forecast would be good at this time which would not speed if the Summons were divulged before they look'd about them The King answered It was high time to have Subsidies granted for the War with the King of Spain and the Fleet must go forth for that purpose this Summer To which the Keeper replied in few words and with so cold a Consent that the King turned away and gave him leave to be gone whereas the King dissolved this Parliament and lost four Subsidies and three Fifteenths to save the Duke and make War upon France Concealing the true Reason for this War with France the Duke in his Declaration gives two other Reasons of it the first was the refusal of Mansfield to land his Army at Calais according to Agreement whereby the Design for the recovery of the Palatinate was frustrate But why must this be a Reason at this time of day for this was done in the Reign of King James and when the Treaty of the Marriage with France was in being Why was not then the Treaty broke off upon it And why after this in King Charles's Reign was the English Fleet put into the Power of the French to subdue the Rochellers and this Business of Mansfield's not so much as taken notice of The second Reason was The French seizing our English Merchants Ships in their Ports But this was after the Duke had seized and made Prize of the St. Peter of Newhaven so here the Duke begins making Prize upon the French and makes War upon them for doing so by the English However we have here a Declaration and Reason of a War against the French such as 't was tho none could be had for the War with Spain Here you may see the unhappy Fate of Princes who treat their Subjects as Enemies and their Flatterers and Favourites as their only Friends and Confidents for notwithstanding the King 's ill Success last Year to Cadiz and the King's Complaint for want of Money in the Exchequer and the ill terms he was at with his Subjects not only to be put upon making a War against the King of Spain and the Emperor but now also against the King of France and to have none but Buckingham Laud c. and their Paraâ—ices to support him in all these Wars and what
their Prince Notwithstanding the former Abuses of this Reign they proceeded with no Censures and Punishment of the King 's evil Ministers except Dr. Manwaring but only to represent to the King the Grievances of the Nation and did not impeach the Duke of Buckingham as they did in the last Parliament nor proceed upon it but only remonstrated to the King the Evils which the exorbitant Greatness of the Duke brought upon the King and Nation and how unsafe it would be to the Nation to grant Aids to the King which were misemployed for the exalting the Grandeur of the Duke However before they entred upon Grievances they voted the King five entire Subsidies which was the greatest Tax that ever was before given to any King of England at once and to be paid in the shortest time Now let 's see tho but in Epitome how these things were changed and what Returns the King made the Parliament and Nation The Unanimity of the Commons in the Gift was not less than the Gift was great being nemine contradicente which so pleased the King that he sent them word by Secretary Sir John Cooke that he would deny them nothing of their Liberties which any of his Predecessors had granted them Then the Commons fell upon Grievances and voted the Imprisonment of any Free-man by Warrant from the King or Council without a Cause alledged to be a Grievance and that the raising Monies by Loan and imposing an Oath upon the Subject to discover the Value of his Estate the Billeting of Soldiers and exercising Martial Law in time of Peace were Grievances Then several Debates arose in the House how the Subjects should be secured against these in time to come And upon the Motion of Sir Edward Coke the House agreed to sue to the King by Petition the most antient and humble Address in Parliament that his Majesty would give his People Assurance of their Rights by Assent in Parliament as he uses to pass other Acts. And hereupon the House ordered Sir Edward to draw a Petition accordingly The House agreed to the Petition and ordered Sir Edw. Coke Sir Dudley Diggs Mr. Selden and Mr. Littleton to carry it up to the Lords The Duke of Buckingham and his Creatures were zealous to stop the Petition in the House of Lords but he was much fall'n from his Lustre since his dishonourable Expedition to the Isle of Rhee last Summer and his Expedition to Cales So as his Sway in the House of Peers was much abated Besides the Bishops were not at this time all of a piece for Arch-bishop Abbot urged his own Case how he was banished from his Houses at Croydon and Lambeth while the Duke was prosecuting his Voyage to the Isle of Rhee and confined to a moorish Mansion-place at Ford to kill him and debarred from the Management of his Jurisdiction and no Cause given for it And Dr. Williams gave most learned and elegant Arguments for the Petition which you may read at large in the second Part of the History of his Life fol. 77 78 79. But this stuck close to him that neither the King nor Laud ever after forgot it which you may read fol. 96. tit 93. The Lords would not proceed to any determinate Vote before they had heard the King's Counsel against the Petition and the Commons Defence of it wherein no less time was spent than six Weeks The Managers for the Petition were Sir Edward Coke Mr. Selden Sir Dudley Diggs Sergeant Glanvile Sir Henry Martin and Mr. Mason Besides Magna Charta the Commons fortified the Petition of Right with six other Acts of Parliament explanatory of Magna Charta viz. The Statute made in the Reign of Edward I. commonly called Statutum de Tallagio non concedendo the Statute of 25 Edward III. where it is declared That from thenceforth no Person shall be compelled to make any Loans to the King against his Will because such Loans were against Reason and the Fanchise of the Land The third was the Statute of 28 Edward III. That no Man of what Estate or Condition soever should be put out of his Lands or Tenements nor Taken nor Imprisoned nor Disherited nor put to Death without being brought to Answer by due Process of Law The fourth Statute the 25 Edw. III. 9. and the sixth 9 Hen. III. 29. against exercising Martial Law in times of Peace These Statutes were so well managed by the Commons in Defence of the Petition that Sir Robert Heath who was Attorney-General and the rest of the King's Counsel pleading tho eagerly yet impertinently had nothing to say materially against them but submitted to the Judgment of the Peers However the Lords before they would put the Vote entred into a Committee of the whole House when my Lord Say moved That those Lords who stood for the Liberties of the Nation might make their Protestation and that to be upon Record and that the other opposite Party should with the Subscriptions of their Names enter their Reasons to remain upon Record that so Posterity might not be to seek who they were that so ignobly betrayed the Freedom of our Nation and this done they should proceed to Vote This struck such a Daunt upon the other Party that not one of them opposed it The Lords agreed to the Petition of Right but with this Addition or Saving We present this our humble Petition to your Majesty with the Care not only of preserving our Liberties but with due Regard to leave entire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People But the Lords did not make any determinate Vote in it but sent it to the Commons to advise upon The Bishop of Lincoln was a great Stickler for this Addition to qualify what he had said before in the Defence of the Petition which did him no good the other sticking alta mente When this Addition or Saving came down to the Commons Mr. Noy said To add a Saving is not safe doubtful Words may beget ill Construction and the Words are not only doubtful and Words unknown to us but never used in any Act or Petition before And Sir Edward Coke said This is the Multum in parvo this is propounded to the Conclusion of our Petition it is a Matter of great weight and to speak plain it will overthrow all our Petition it trenches on all the parts of it it flies at Loans at the Oath at Imprisonment and Billeting of Soldiers this turns all about again Look into all Petitions of former times they never petitioned wherein there was a Saving of the King's Soveraignty I know Prerogative is part of the Law but Soveraign Power is no Parliamentary Word In my Opinion it weakens Magna Charta and all our Statutes for they are absolute without any Saving Power and should we now add it we shall weaken the Foundation of the Law and then the Building must needs fall Take we heed what we yield unto
leaving a Horse alive still in hopes of the Relief promised from England they held out so long till but 4000 of 15000 were left alive most of them died of Famine and when they began to be pinch'd with Extremity of Hunger they died so fast that they usually carried their Coffins into the Church-yard and other Places and therein laid themselves and died great Numbers of them being unburied and many Corps eaten with Vermin Ravens and Birds when the French Army entred the Town The Outrages committed against the Reformed Churches in France were so high as constrained them to implore King Charles his Aid in these Expressions That what they wrote was with their Tears and Blood But how unhappy soever this Prince's Fate was in War abroad yet it had been happy for him if he had not made his Fate worse at home and now let us see what Steps he made towards it even in this short Recess of the Parliament's Meeting Upon the 15th of July the King made Sir Richard Weston who died a declared Papist Lord Treasurer of England and the same Day translated Laud the Firebrand of the Arminian Faction to the Bishoprick of London whose next Step was Arch-bishop of Canterbury who that he might testify his Zeal to this Cause which after set all these Nations on Fire got Richard Mountague to be consecrated Bishop of Chichester the 24th of August following This Mountague was fierce for Arminianism and wrote a Book call'd A new Gag for an old Goose for which he was questioned in the Parliament of 23 Jac. and the Cause was committed to Arch-bishop Abbot which then ended in an Admonition and though the Arch-bishop disallowed the Book and sought to suppress it yet it was reprinted and dedicated to King Charles under the Title of Appello Caesarem Hereupon the Commons 1 Car. questioned Mountague for this and gave Thanks to the Arch-bishop for what he had done but this displeased the King who took the Business out of the Commons Hands but they had taken Bond of Mountague to appear I desire to be more particular herein because Arminianism was not only turn'd up Trump for the flattering Clergy to play their Game but for the Popish Party to undermine the Church of England as it was established by Law and the Canons Doctrine and Homilies of it and now Mountague's Cause was recommended to the Duke of Buckingham by the Bishops of Rochester Oxford and Laud Bishop of St. Davids as the Cause of the Church of England Thus this Cause stood when the King dissolved the first Parliament the 12th of August 1625. But the King's Necessities as he managed Business forcing him to call another before assembled Laud procured the Duke to sound the King whether he would leave Mountague to a Trial in Parliament which the King intended to do whereupon this pious Man Laud said I seem to see a Cloud arising and threatning the Church of England God of his Mercy dissipate it Note that all those who were not of this Faction of Arminianism were stiled by them Puritans these Mountague treats with bitter Railing and injurious Speeches and inserts divers passages in his Appeal dishonourable to King James the Commons therefore prayed that the said Mountague might be exemplarily punished and his Books supprest and burnt Yet this is the Saint that Laud in the first Act of his Regency as it may be called after he became Bishop of London must have made Bishop of Chichester and after Bishop of Norwich But this is observable that while Neal and Laud were consecrating Mountague News came of the Duke's being stabb'd This was the first step after Laud's Preferment the next was a Pardon for Mountague and Manwaring of all Errors by speaking writing and printing and you cannot believe that Laud would be less kind to Manwaring than to Mountague and therefore notwithstanding Manwaring's Censure he procured Manwaring the fat Rectory of Stamford Rivers in Essex and a Dispensation to hold it with the Rectory of St. Giles in the Fields That you may see the Kindness of this Bishop of London to our Laws in the very Infancy of his Power When Felton was brought before the Lords of the Council for murdering the Duke Laud threatned Felton with the Rack unless he would confess his Inducement for murdering the Duke but the King then in Council refused till the Judges were consulted and said if it could be done by Law he would not use his Prerogative but though the Judges determined he could not be put to the Rack by Law the King was graciously pleased not to use his Prerogative yet this was no thanks to the Bishop of London Now let 's see the Fruits of the Petition of Right and the manifold-Declarations of the King for maintaining the Laws of the Land and the just Rights and Liberties of the Subject but here you may understand that though he had taken the Customs not granted by Parliament yet by virtue of his Prerogative Royal he had enhanced the Rates such as were never granted by any Parliament and declared it his absolute Will and Pleasure besides that of Wines that the 2 s. and 2 d. Duties upon every Hundred of Currants by the Book of Rates should be advanced to 5 s. and 6 d. in the Hundred The first that suffer'd under the King 's absolute Will and Pleasure was Mr. Chambers who was committed by the Lords of the Council this Michaelmass-Term and was bailed by the Court of King's-Bench for which the Judges were check'd having done it without due Respect to the Privy-Council Next Mr. Vassal's Goods were seized for not paying the 5 s. 6 d. upon every hundred pound Weight of Currants upon which the Attorney General Sir Robert Heath exhibited an Information against him in the Exchequer to which Mr. Vassal pleaded the Statute De Tallagio non concedendo and that this was neither Antiqua seu Recta Consuetudo to which the Attorney demurred and Mr. Vassal joined in the Demurrer but the Court would not hear Mr. Vassal's Counsel and said the King was in Possession and they would keep him so and imprisoned Mr. Vassal for not paying the Duty thus imposed About the same time the said Mr. Chambers's Goods were seized by the Customers for not paying such Customs as were demanded by the Farmers Mr. Chambers sues a Writ of Replevin the Barons grant an Injunction against it Mr. Chambers offers to give Security for Payment of such Duties as the Court should direct which the Court refused unless he should pay such Customs as demanded by the Farmers which Chambers refusing the Court ordered the Officers to detain double the Value of Chambers's Goods demanded by them The same Course was taken with Mr. Rolls's Goods though a Parliament-Man one of the Commissioners saying Privilege of Parliament extended only to Persons not Goods another more boldly told Mr. Rolls if all the Parliament were in you we would take your Goods These Proceedings so ill sorting with the Petition
of Right the King as Norton the Printer said commanded the printing of the Petition with other Additions besides the King's Answer and that he had printed 1500 Copies with the King's Answer without the other Additions but these were suppressed by Warrant and the Attorney General commanded no more should be printed and those which were should not be divulged These were the Just and Religious Acts of this pious King and can any Man believe the Parliament at their Meeting should without Breach of a publick Trust sit still and not represent these things to the King The Parliament did meet according to their Prorogation the 23d of January 1628. and debated these Practices against Church and State which hapned since the 26th of June before but now see the Artifice of this little Prince rather than hear of any thing in this kind he commands the Speaker Sir John Finch the late Lord Chancellor Finch's own Uncle to put no Question upon Debates of Grievances So that the House could do nothing but sit still or adjourn and this continued till the 2d of March when the Commons met and urged the Speaker to put the Question concerning Grievances who answered I have a Command from the King to adjourn the House till the 10th of March and put no Question and endeavouring to go out of the House he was held by some Members till the House had made this Protestation 1. Whosoever shall bring in Innovation of Religion or by Favour or Countenance seem to extend or introduce Popery or Arminianism or other Opinions disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom or Common-Wealth 2. Whosoever shall counsel or advise the taking or levying the Subsidies of Tunnage and Poundage not granted by Parliament or shall be an Actor or Instrument therein be likewise reputed an Innovator in the Government and a Capital Enemy to the Kingdom and Common-wealth 3. If any Merchant or Person whatsoever shall voluntarily yield or pay the Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a betrayer of the Liberties of England and an Enemy to the same This Act consisted in two Parts the Speaker and the House the Speaker's of three Parts a Command by the King to put no Question to adjourn till the 10th of March and an endeavour to go out of the House In the former Session of this Parliament Secretary Cook the 10th of April from the King desired the House not to make any Recess those Easter Holy-days that the World may now take notice how earnest his Majesty and We were for the publick Affairs in Christendom which would receive Interruption by this Recess To which Sir Robert Phillips answered that the 12th and 18th Jac. the House resolved it was in their Power to adjourn or sit and that this may be put upon them by Princes of less Piety and that a Committee consider of the House's Right Sir Edward Coke said the King makes a Prorogation the House adjourns it self That a Commission of Adjournment the House never read but say the House adjourns it self yet here the Speaker verbally says I am commanded by the King to adjourn till the 10th of March. His second Command was to put no Question So here was a Speaker which might not speak what did he there then He sits there by the King in his Highest and Regal Capacity under the broad Seal to put the Question and now if you 'll take his Word he says he has a Command from the King to put no Question The third Act was his Endeavour to go out of the House which the House conceiving him to be their Servant would not suffer Here you may understand that the King had privately made Peace with France though not proclaimed at Paris till June following and soon after with Spain so that in his Speech this meeting he did not begin with The Times are for Action and the Eyes of all the World are upon us and therefore demands Supplies in the first place but that without loss of Time they would pass the Bill of Tunnage and Poundage but the House seeing the Dangers of the Church and State in not only pardoning but preferring Mountague and Manwaring and seizing Merchants Goods and imprisoning their Persons even in this Recess they resolve to secure their Religion and redress Grievances before they grant the Customs of Tunnage and Poundage in both they could not but take notice of the Orders of the Star-Chamber Privy-Council Judges and Customers And these were the Invasions upon the King's Perogative Royal which for the future he resolved never to suffer yet he shall live to hear more of them But in regard it may seem strange that Customs of Tunnage and Poundage ever since the Reign of Richard the 3d had been granted to the Kings and Queens of this Realm for securing the Soveraignty of the narrow Seas and of the English Merchants yet was not granted to this King The Reason was this the House of Commons in their Grievances in the two first Parliaments of this King and the former Sessions of this complained that the Duke of Buckingham being Lord High Admiral of England neglected to guard the Seas to the Dishonour of the King and endangering the Trade of England and feared if the Duke were not removed the End designed by the Parliament would be diverted to supply the intolerable Pride and Luxury of the Duke but the King rather than endure this dissolved the two former Parliaments and prorogued this when they were upon settling the Duties of Tunnage and Poundage That the Parliament had Reason for this it appears in their Charge against the Duke in the 2d Year of this King and that in ten Years time he had received of King James and this King 284395 l. besides the Forest of Leyfield the Profits of the third of Strangers Goods and the Profits of the Moiety of the Customs of Ireland besides the Tricks he used to get Money as he was Lord High Admiral of England and Ireland Master of the Horse Lord Warden Chancellor and Admiral of the Cinque Ports and the Members thereof Constable of Dover Castle Justice in Eyre of all his Majesty's Forests and Chases on this side of Trent Constable of Windsor Castle and Gentleman of the King's Bed-Chamber To these might have been added the Duke's Venality in selling all Places in Church and State at least preferring such Men in Church as should propagate Arminianism and such Judges as shall do what the King and he bid them Objection But the Duke was now dead in this Session of Parliament and so the Reason ceasing the Duties of Tunnage and Poundage ought to have been granted Answer The King would not suffer the Commons to come at it neither in the last Sessions nor this for the Religion of the Church of England and the Laws and Liberties of the Subject being so shaken in this Recess the Commons
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
Success of this Fight he was not less in the Discovery of his secret Counsels with the Queen which were so contrary to those he declared to the Kingdom for in his Letter to the Queen he declared his Intention to make Peace with the Irish and to have 40000 of them over into England to prosecute the War here And in others he complained he could not prevail with his Mungrel Parliament at Oxford to Vote that the Parliament of Westminster were not a Lawful Parliament So little Thanks had these Noble Lords and Gentlemen for their exposing their Lives and Fortunes in Defence of the King in his Adversity What then might they expect if he should prevail by Conquest That he would not make a Peace with the Rebels the Parliament without her Approbation nor go one jot from the Paper she sent him That in the Treaty at Uxbridg he did not positively own the Parliament it being otherwise to be construed tho they were so simple as not to find it out and that it was recorded in the Notes of the King's Council that he did not acknowledg them a Parliament See Whitlock ' s Memoirs fol. 147. a. The Members having got these Papers not only printed and published them but order'd them to be kept upon Record and also made a publick Declaration of them wherein they shew what the Nobility and Gentry which follow'd the King might trust to The King's Army being overthrown the Parliament had two Armies and the King none but that which was commanded by General Goring which at that time besieg'd Taunton and sore distrest it but it being governed by Blake after the famous Admiral for the Rump and Cromwel by Sea it made indeed a wonderful Resistance And now you 'll see the King's Garisons surrender by heaps For two Days after the Fight at Naseby viz. June 14. Fairfax sat down before Leicester where my Lord Loughborough was Governour and made a large Breach towards Newark whereupon the Governour surrendred it After the Surrender of York the Year before the King made that noble Gentleman Sir Thomas Glenham Governour of Carlisle which he defended till the Garison were forced to eat Horse-flesh And the Town being besieged by the English and Scots Sir Thomas to throw a Bone of Dissension between them deliver'd it up to the Scots about a Week after the Surrender of Leicester From Leicester Fairfax marches to the Relief of Taunton whereupon Goring drew off and retreated to Langport where Fairfax routed Goring kill'd 200 of his Men took 1400 Prisoners and pursued the rest to Bridgwater which Fairfax besieg'd and had it surrender'd upon the 23d of July And about that time Pontfract Castle in Yorkshire surrender'd to M. G. Pointz and upon the 25th of July Sir Hugh Cholmly surrender'd Scarborough Castle to Sir Matthew Boynton and upon the 11th of September Fairfax storm'd Bristol and Prince Rupert surrender'd the Castle upon Terms Tho the City of Hereford bravely defended it self against General Lesley and his Scots from the 13th of July to the 1st of September and then forced Lesley to raise the Siege upon pretence of relieving his own Country then over-run by the Marquess of Montross yet it was soon after surprised by Colonel Birch and Colonel Morgan Nor were the King's Forces in the Field more fortunate than those in Garison for the King having got together a Body of about 5000 Men most Welch marched towards the Relief of Chester then besieged by Sir William Brereton and Colonel Jones but in his March he was fought by General Pointz at Routon-Moor within two Miles of Chester where the King was worsted and the Lord Bernard Stewart Brother to the Duke of Richmond kill'd The King's Affairs being thus desperate in England all the Hopes now were of Scotland where Montross had conquer'd it from one End to the other and had no visible Army to oppose him and the King to make Scotland secure commanded my Lord Digby and Sir Marmaduke Langdale to join Montross with their Horse in pursuance whereof they marched to Sherborn in Yorkshire where they surprised 700 of the Parliament's Foot with their Arms and Baggage but staying for Carriages Col. Copley Lilbourn and Alured fell upon them and routed them killing and taking 100 Officers 300 Soldiers and 600 Horse with their Furniture and my Lord Digby's Coach And my Lord Digby marching on with the rest of his Forces was set upon at Carlisle Sands and utterly defeated from whence my Lord and Langdale escaped to the Isle of Man and after into Ireland From Routon-Moor the King got to Newark where Maâ—or-General Gerrard charged the Lord Digby lately defeated at Sherborn with Treason Prince Rupert and Maurice the Lord Hawley and Sir Richard Willis the Governour sided with Gerrard and the Lord Bellasis and many others with Digby and so did the King who displaced Willis and made the Lord Bellasis Governour This caused great Dissension not only in the Garison but in the Officers of the Army which the King brought with him so that the Princes Rupert and Maurice General Gerrard my Lord Hawley and Willis forsook the King and sent to the Parliament for Passes to go beyond Sea In this forlorn state the King left Newark and with 300 Horse got safe to Oxford where the Princes Rupert and Maurice not knowing whither else to go came and were seemingly reconciled to him but upon the Return of the King's Horse Pointz meets and routs them Here the King again sent to the Parliament for a Treaty of Peace which was rejected upon this Occasion Letters were taken in my Lord Digby's Coach after his Rout at Sherborn and also in the Pockets of the Arch-bishop of Tuam who was slain in an Overthrow of the Irish at Sligo in Ireland wherein the King offered the Irish a Toleration of their Religion themselves to choose a Governour of their own and to be entrusted with several Castles and Forts for their Caution upon Condition that they send 10000 Men into England to assist him against his Enemies And with these they found the Copy of the King's Commission to the Earl of Glamorgan impowering him to treat with the Rebels viz. CHARLES by the Grace of God c. To our Trusty and Well-beloved Cousin Edward Earl of Glamorgan We reposing great and especial Trust and Confidence in your approved Wisdom and Fidelity do by these Presents as firmly as under our Great Seal to all Intents and Purposes authorize and give you Power to treat and conclude with the Confederate Roman Catholicks in our Kingdom of Ireland If upon necessity any thing be condescended to wherein our Lieutenant cannot so well be seen as not fit for us for the present publickly to own therefore We charge you to proceed according to this our Warrant with all possible Secrecy and whatever you shall engage your self upon such valuable Considerations as you in your Judgment shall deem fit we promise in the Word of a King and Christian to
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 puâ—â—â—â— Garisons into Whitehall Noble-Mens Houses and posted themselves about the Palace Yard Notwithstanding the Memberâ—nâ—â— 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
writing and out of these and Leo ab Aitzma a most faithful Collector of the Treaties of Peace and War and Commerce between the Princes and States of his time and sometimes before Dr. Stubbe hath I believe faithfully set out this Treaty of Peace between the English and Dutch and therefore tho but in Epitâ—me I shall take him for my Guide herein The Rump did not refuse to treat of a Peace upon just and honourable Terms but not in Holland or any Neutral Place nor would they condescend to any Treaty before Holland made the first Overtures in Writing Whereupon the States of Holland upon the 18th of March by their Secretary Herbert Van Beaumont sent the Rump a canting and equivocal Letter wherein I cannot find one Categorical Proposition and wherein the sacred Name of God is more rent and torn than I can find in any of our Enthusiasts of their Zeal for the Reformed Religion much endanger'd by this War and the Joys the Enemies of it conceived thereby and of their Desire of preventing the further Effusion of Christian Blood and carried on by a pious Zeal and in no wise constrained by any other Consideration That Consideration may be had what may be done for the Honour and Glory of God and the good of each State whereupon without doubt the good God for his Name sake and by the Inspiration of proper and fit Expedients will give his Blessing c. Which Letter you may read at large in Stubbe's Vindication p. 78 79. and in Leo ab Aitzma p. 816 817. The Rump having got this Letter and to make a further Distraction in the States General sent an Answer the first of April 1653 to the States of Holland and a Letter to the States General that to the States of Holland was That the Inconveniences to Religion in general and to the Trade and Liberties of each Nation were such as any man might have foreseen and that none could be ignorant how requisite it was for both Nations to preserve a good Correspondence and Amity together that the English had not omitted any thing on their parts but the Dutch had assaulted them in the midst of a Treaty for a strict Vnion and their Ambassadors had used such Tergiversation as made them justly imagine that their sense of things was different from what they now professed That the good Endeavours of the Parliament were answered with unusual Preparations Acts of Hostility and other extraordinary Proceedings thereupon That they had this Comfort and Satisfaction in their own Minds amidst the Troubles and Calamities of War that they had with all Sincerity done what lay in their Power to obviate all the Evils specified That they did look upon the Overtures of Holland if approved by the States General to be an effectual means for composing this unwelcom War however the Parliament having discharged their Duty would with Patience acquiesce in the Issue of Providence whereof they had so gracious Experience That to the States General was That there could be no doubt of the sincere Affection and good Will which the English did bear to the United Provinces so that it might be well imagined that they were really inclined by just and honourable means to extinguish the Fire of War stop the Effussion of Christian Blood and restore Amity between the two Nations That as they had not been wanting in the Beginning to prevent the ensuing Calamities so they were not altered with Successes from their former good Intentions That they were ready upon the Grounds expressed in the Letter from the Provincial States of Holland and Friezland friendly to compose Differences c. This Letter had the desired Effect of the Rump for the rest of the Provinces complained that Holland had broke the Union which that State would have salved by a manifest Lie in denying they ever wrote such a Letter However the rest of the Provinces fearing the Calamity would be common to them all if the War continued did consent to a Treaty of Peace with the Rump However the Rump in their Letter to the States refused to give them any other Title than the States General notwithstanding the Title of High and Mighty obtained at the Treaty of Munster not five Years before nor did they assume this Title when they returned their Answer to the Parliament of the Commonwealth of England To these Letters the States General returned this Answer to the Parliament of the Commonwealth of England That they always endeavoured with a good and sincere Intention not only to keep but to augment more and more all manner of Friendship and Correspondence with the said Parliament and would now do any thing that might contribute to so pious and Christian an Vnion desiring a Neutral Place and Plenipotentiaries might be appointed forthwith on both sides But before this Answer was returned a new face of things happen'd in England for Oliver had turn'd out the Rump and set up for himself How this came about and what Steps Cromwel took to do this is now fit to be enquired into Herein I take the Confidence to say that as the Covenanters subduing the Royalists was the Cause of the Ruin of the Covenanting Parliament so was Cromwel's Victory over the King at Worcester the Ruin of the Rump for Cromwel after that Fight having nothing to do set his whole Thoughts how he might tho not under the Title of King usurp the Dominion of these Kingdoms already subdued by the Rump and the Rump improvidently enabled him to do it when upon the 16th of June 1650 they constituted Cromwel Captain-General and Commander in chief within Ireland as well as England which you may read in Whitlock's Memoirs pag. 511. a. You have heard how Cromwel felt the Pulse of the Lawyers and Soldiers for the Establishment of the Nation and how the Lawyers were of Opinion that no Settlement could be made without some mixture of Monarchy and that it was â—it that the Duke of Glocester should be intrusted with something of a mixt Monarchy and that Cromwel's Opinion was really that a Settlement with somewhat of a mixt Monarchy would be very effectual but this somewhat of a Settlement of mixt Monarchy he reserved for himself but herein he found three Rubs and Rump the Duke of Glocester and Monk in Scotland who I verily believe had a great Awe upon Cromwel whereupon to remove these two latter in February 1652 he got the Duke of Glocester to be sent beyond Sea and about the same time or a little before sent for Monk into England and found him pliable to Cromwel's Design of setting up himself but to cover this he made Monk one of the three Admirals at Sea with Blake and Dean tho Monk was wholly ignorant of Sea Affairs These two Rubs thus removed only the Rump stood in Oliver's way to set up himself but before he discover'd this openly he enter'd into a long Dialogue with Commissioner Whitlock which you may read at large in
of his Majesty's Subjects who are Dissenters in Matters of Religion from the Church of England And a Bill passed the House accordingly but was stopt in the House of Lords Causa patet the dead Weight joining with the Caballing Party But whatever the Commons thought of the King 's Dispensing Power in England Lauderdale the fifth in the Cabal in England was of another Opinion in Scotland for in the second Parliament c. 1. held by him he gets an Act declaring That by Virtue of the King's Supremacy the ordering the Government of the Church does properly belong to his Majesty and Successors as an inherent Right of the Crown and that he may enact and emit such Constitutions Acts and Orders concerning Church-Administrations Persons Meetings and Matters as he in his Royal Wisdom shall think fit c. any Law Act or Custom to the contrary notwithstanding And that he might not be less active in Scotland than his Brother Clifford was in England and Buckingham and Arlington were in Holland being armed with these other Powers he made all sorts of People depose upon Oath their Knowledg of the Persons of Dissenters not Popish Meetings in the Exercise of their Worship upon Penalty of Fining Imprisonment Banishment and Transportation to be sold for Slaves imprisoning all outed Ministers who shall preach out of their Families till they give Security of 5000 Marks Scot not to do the same again every Hearer being a Tenant to pay 25l Scot and Cotter 12 toties quoties they shall offend and that it shall be Death for any to preach in Fields or Houses where any are without doors and 500 Marks Reward for any to secure such dead or alive and gave Orders That every Man for himself and all under him should give Bond not to go to Field-Meetings and to inform against pursue and deliver up all outed Ministers to Judgment The Execution of these Orders was not by legal Officers but by an Army of Highland Robbers who quartered upon the Country so that it may be a Question whether the French King did not take his Measures in his Dragoon-Reformation by the ground-work laid by Lauderdale But his Grace which it seems did work irresistibly did not stay here for his Highland Army which consisted of eight or nine thousand Men not only lived upon Free Quarter upon all sorts of the King 's peaceable Subjects but in most places levied great Sums of Money under the Notion of Dry Quarters they had only regard to the Duke 's private Animosities for the most part of the Places where they quartered and destroyed had not been guilty of Field-Conventicles The King's Subjects were denounced Rebels and Captions issued out for seizing their Persons for not entring into Bond That neither they nor any under them shall go to Field-Conventicles and the Nobility and Gentry were disarmed who had ever been faithful to the King and assisted in suppressing Field-Conventicles Indictments were delivered in by the King's Advocate in the Evening to be answered next Morning upon Oath otherwise they were to be reputed guilty These and many more of this kind in the Matters relating to Lauderdale's Administration of Affairs in Scotland were represented to the King and that by his Command and are in Lauderdale's and his Lady's Impeachment which are all in Print Notwithstanding all this it was this Lauderdale who had procured an Act of Parliament to raise 20000 Foot and 2000 Horse to march into England to serve the King upon all Occasions And tho the Duke to prevent the Fame of his Actions arriving in England had by a Proclamation forbid all Subjects to depart the Kingdom without Licence yet the Noise of his Actions flew every where in England not less than the Censures of the Star-Chamber and High Commission in Laud's Regency did in Scotland and in due time the Duke shall hear of them Can any Man now believe That the King by his Declaration of Indulgence intended any Benefit to the Dissenters in England whilst Lauderdale without doubt by his Order was acting these things in Scotland The House of Commons could not at first step forget all the Loyalty they before profest to the King nor yet would they own the Dutch War and therefore they voted the King 1238750 l. to supply the King 's extraordinary Occasions but before they would let this Bill slip through their Fingers they tack'd a Bill to it by which no Papist should have any publick Employment This Bill catch'd my Lord Treasurer Clifford the first in the Cabal who was forced to resign his Treasurer's Place or renounce Popery which he would not do his Pensioners not being against it hoping thereby to get the Places which the Popish Party held and even my Lord Chancellor Ashley from Delenda Carthago now sets up for the Country Party against the Designs of the Cabal so moultry are all Designs which are not cemented in Justice and Honour The King having got the Bill for the Money the further Sitting of the Parliament became uneasy to him whereupon the Parliament was adjourned till the 20th and after to the 27th of October viz. 1673. During this Recess there were three Sea-Fights between the English French and Dutch Prince Rupert Admiral in all which the French stood aloof looking on whilst the English and Dutch battered one another only Monsieur de Martell for engaging was recalled checked and dismissed As the English thrived no better by Sea so neither did the French by Land for first the Elector of Brandenburg then the Emperour and at last the King or Queen Regent of Spain apprehensive of the Danger common to them all of the French subduing the Dutch Provinces entred into a mutual League for their Defence and by their Conjunction the Prince of Orange recovered many of the Vpland Towns in almost as little Time as the French had taken them In this state the Swede now broke loose from the Triple League whereby he opened the Gap to let in this Confusion and became a Pensioner to France and proposes a Treaty of Peace to be held at Cologn and thither the King the Emperor the French King and the King of Spain send their Plenipotentiaries to treat of it The French King's Propositions were so insolent that if granted our King could have nothing yet the King pudet haec insisted That tho he was contented with such Propositions as he required so as accepted in ten Days yet if granted by the States they should be of no force nor will he enter into any Treaty of Peace unless his most Christian Majesty shall receive Satisfaction from the States in his Particular After the French King should have all the King's Demands were a Regulation of the Trade to the East-Indies a Settlement of the Freedom of Navigation in Europe the Arrears for the Fishing-Trade upon the English Coast to assert a settled Revenue to the Crown for every Buss or Dogger-boat for the future and to make Satisfaction for the Damages
remember he said of a hundred and fifty Tuns and carried it by Water to Roan from whence the French King convey'd it by hand to Versailles and had it launched into his great Pool he had made there where he came on board and had much Conference with Sir Anthony upon it And if the Service of the English commanded by Turenne in France were not sufficient for carrying on the War against the Confederates the King emptied his own Magazines to fill the French and that from June 1675 to June 1677 Granadoes were sent without Number under colour of unwrought Iron Lead-shot twenty one Tuns Gun-powder seven thousand one hundred and thirty four Barrels Iron-shot eighteen Tuns six hundred Weight Match eighty eight Tuns and a thousand Weight Iron Ordnance four hundred forty one Quantity two hundred ninety two Tuns nine hundred Weight Carriages Bandaliers Pikes c. uncertain In return of these Kindnesses the French King not only exorbitantly enlarged his Impositions upon the English in their Trade to France but let loose his Privateers upon the English as if there had been no Peace and plunder'd murder'd made Prize of their Ships and Effects and confiscated them block'd up our Coast and took our Ships out of their very Ports and if Complaints were made at his Soveraign Port they were baffled except some which were redeemed by Sir Leighton's Interest a most notorious who made a second Prize of them Mr. Marvel at the End of his Growth of Popery gives an Account of sixty three of these with the Masters Names their Burden Lading and the Ports they belonged to from 1674 to the latter end of 1676. Now the King who by this War had set Christendom in a Flame being himself got out of it sets up to be a Mediator for Peace and no Man so fit to be employed in it as Sir William Temple who having observed how the Ministers had deceived him or themselves and advised the King to break Treaties so solemnly agreed upon would not take this Employment upon him before he had sounded the King 's true Sentiment and trust no more to his Ministers Sir William therefore in a Conference with the King in his Closet and in a well composed Speech reflected upon the Cabal how ill he had been advised to break Treaties so solemnly agreed to and how ill they had succeeded how different the Constitutions of France were from those of England and how different the State of the Crown now was from that when it had the Court of Wards and Knights Service and large Revenues of Lands and Fee-Farms which now were alienated so that Gourville well observed that a King of England who will be the Man of his People is the greatest King in the World but if he will be something more he is nothing at all The King heard Sir William attentively yet impatiently at first but at last the King said Gourville had reason for what was said and said And I will be the Man of my People but you 'll see the King shall not long hold in this Mind for Monsieur Barillon the French Ambassador and the Dutchess of Portsmouth by the Agency of a French Monk who had changed his Frock for a Petticoat shall unravel all Sir William had been weaving in the Treaty of Nimeguen Sir William's Embassy was declared in May 1674 and his Dispatches finished in July following when he went into Holland But it seems to me the French Interest was chiefly designed even in this Embassy for tho Sir William's Instructions were for a general Peace yet his Application was first to the States and after to the Prince that they would accept of it and after their Acceptance of it to endeavour it with their Allies which looks as if the King rather intended a separate Peace with the Dutch and Spaniard than a general one and this the King endeavoured during the whole Treaty at Nimeguen as you may see at large in the second Part of Sir Temple's second Memoirs and so ended at last and so the States understood it who tho at first desirous of a separate Peace yet in Honour they could not leave out the Confederates who had saved their Country And if the French King could have a separate Peace with the States and Spain he little cared for the Empire being in a Treaty with Count Teckely to raise a Rebellion in Hungary and to engage the Turk in a War against the Empire Tho the King had got out of this War yet this Summer the French King got the Swede into it and as justly as the King began this War by his Attempt upon the Smirna-Fleet for the Elector of Brandenburg had withdrawn a great Army out of his Country to assist the Confederates upon the Rhine against Monsieur Turenne who commanded the French without declaring War the Swede made War against him in Pomerania tho it had like to have cost the Swede all he had in Pomerania for the Elector returning at the latter end of the Summer routed the Swedish Army and after took Stetin the Metropolis of Pomerland and had kept it if afterwards the Dutch had not made a separate Peace and left him and the Empire too who had saved them to the Mercy of the French And this had been done a Year sooner if the Noble Constancy and Authority of the Prince of Orange had not opposed it who this Year fought the great Battel at Seneff against the Prince of Conde with uncertain Victory You have seen how we got Peace abroad now let 's see how things stood at home Tho the Popish Party had been twice balk'd in their Designs I mean by the King 's recalling the Indulgence and this Peace yet were their Hopes and Designs by the Marriage of the Duke with the Princess of Modena more heightned than ever for they knew the King being involved in all sensual Pleasures and therefore hating the Cares and Troubles of Business might easily be prevailed upon by Importunity and the Dutchess being an adopted Daughter of France and having her Advancement and Portion from the French King was obliged to propagate the French Designs with the Duke and he with the King And the Advancement of the Catholick Cause was the most piâ—us and glorious Work they could promote and therefore Coleman the Duke's Secretary now holds Intelligence with Father Ferrier the French King's Confessor Ferrier with the Jesuited Faction in France and Coleman with those in England how to manage the King in order to it The Bargain was soon made by Coleman and Ferrier and his Christian Majesty was fully satisfied of the Duke's good Intentions towards him so that he esteemed both their Interests to be one and the same This Return was by Sir William Throgmorton June 2. S. N. 1674 to Coleman This Coleman communicates to the Duke who commanded Coleman to answer That the Duke was very sensible of his most Christian Majesty's Friendship which he would cultivate with all the good
Offices he was capable of and that the Duke was fully convinced that their Interests were one and the Parliament was not only unuseful but dangerous both to England and France and that it was the Duke's Opinion That if his most Christian Majesty would write his Thoughts freely to the King upon this Subject and make the same Offer of his Purse to dissolve this Parliament as he made to the Duke to call another he did believe it very possible for him to succeed and from this time to the breaking out of the Popish Plot you shall see the Parliament call'd prorogu'd and adjourn'd by Order from France or French Ministers and Pensioners That this Design may be carried on in Masquerade the whole Band of Pensioners make it their Business to possess whom they could perswade that the Church is in danger truly said but untruly intended and that the Nation was running into Forty One All Countenance and Hopes of Preferment were promised to those who would support the Church from the Danger of Forty One This was blaz'd abroad and encouraged by all sorts of printed Pamphlets and if they met with Opposition the Authors and Printers were persecuted for publishing unlicensed Pamphlets Mr. Roger L'Estrange was the Champion and Pensioner of the Cause Never did Man fight so to force the Whig into the Church and when he was there made a Trimmer of him and would have him out again Forty One was his Retreat against all who durst contend against him and the Government This was the Licenser of the Press but never was there such a Press Rifler For propagating this holy Cause Sir Francis North is made Chief Justice of the Common-Pleas Sir Richard Rainsford Chief Justice of the King's-Bench William Mountague Chief Baron Vere Bartue a Baron of the Exchequer Sir William Scrogs a Justice of the Common-Pleas and Sir Thomas Jones of the King's-Bench Men all durante bene placito You need not fear the Chancery for at this time there were four Chancellors and Lord-Keepers alive The Parliament was to have met the 10th of November 1674 but the Instructions from France were not yet sufficiently ripened so 't was put off till the 13th of April 1675. At the opening of this Session my Lord-keeper told the Houses No Influence of the Stars no Configurations of the Heavens are to be feared so long as these two Houses stand in good Disposition to each other and both in a happy Conjunction with their Lord and Soveraign but they ought not quieta movere nor res parvas magnis motibus agere The House of Commons had been sullen these two last Sessions and proceeded contrary to the Humour and Design of the Court and therefore a Bill was brought into the House of Lords eâ—tituled An Act to prevent the Danger that may arise from Persons disaffected to the Government which was the same imposed upon the dissenting Clergy by the Oxford five-Mile-Act this my Lord-keeper said was a moderate Security to the Church and Crown which no honest Man could refuse and who did gave great suspicion of dangerous and Antimonarchical Principles This Oath or Abhorrence or Test is mentioned before and is now set on foot to be taken by all who enjoy'd any Beneficial Offices Ecclesiastical Civil or Military to which were added Privy-Counsellors Justices of the Peace and Parliament-Men It 's strange to me that Princes or indeed other Men who have any Piety or Fear of God should think to be secure in unjust Actions by Mens swearing to observe them For tho Human Actions be voluntary yet the End and Design by them is not in Human Power Paul may plant and Apollos water but only God can give the Blessing with what reason then can Man expect a Blessing from God because his Name is profaned and made as a stalking-Horse to attain it What Security had the Presbyterians by their Covenant or the Rump Parliament by their Engagement or Oliver or his Son by their Recognition And more I think the King could not expect hereby Whereas Princes whose Thrones are establish'd by Justice and Righteousness have a nobler Security than can be hoped for by Mens previous swearing to get Offices and Employments so that Trajan who was truly called the Just put his Sword into the Prefect's Hands and bid him draw it against him whenever he should attempt any thing against the Publick Good This King had a way never gone by any of his Predecessors to be present in the House of Lords at Debates and would solicit Lords for their Votes This was first declaimed against by my Lord Lucas as an Awe upon the Peers in their Debates and Votes This Oath being the Gap to let in the Popish Designs you cannot think the King would now be away but give all Countenance to the passing of it the Bishops to a Man were for passing of it so were all the Court-Lords or those who hoped for Preferment so as these were the much greater Part Yet the Country Lords when they debated it in Paragraphs made it inconsistent with the present Constitution of the Nation vain and superfluous and inconsistent in it self which held for seventeen days together But the Debates were laid aside by the Commons Votes against the Jurisdiction of the Lords in Appeals from Chancery These Debates you may read at large in Print in a Tract intituled A Letter from a Person of Quality to his Friend in the Country But because my Lord-keeper will have an ill-meant Distinction between the King 's Natural and Politick Capacity I 'll put one Case which I do not find in all these Debates The one Part of the Oath is I 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 Arms by his Authority against his Person or against those who are commissionated by him in pursuance of such Commission Suppose Duke Lauderdale should have a Commission from the King to bring his twenty two thousand Scots into England and you cannot believe the Scots Law to do it was made to no purpose and plunder and dispossess the English of their Estates and the Sheriffs of the Counties should raise the Posse to suppress them and compel them to keep the Peace as the Sheriff by his Commission and Oath is bound to do On which side does the Abhorrence of the Traiterous Position of taking up Arms against those commissionated by the King lie But you 'll say this cannot be imagined and I say the Design of imposing this Oath makes this not only imaginable but believed to be intended In the Debates the Commons raise a Storm against the Lords Jurisdiction in Appeals from Chancery upon which the King prorogued the Parliament to the 13th of October 1675. Tho the Duke lost Ground in the House of Commons and was disappointed in carrying the abhorring Test in the House of Lords yet he gained so much upon the French King
refused Sir William a Guard to go to the Prince and the Prince declined Sir William's coming to him so as Sir William was forced to return to Holland and wait for the Prince there till the Campagn was over After the Prince returned to the Hague Sir William acquainted him with the Powers the King had given him and that the King desired to act in concert with the Prince and therefore desired so soon as might be to understand the Prince's Opinion therein The Prince's Opinion was That the States with any Faith could not make a separate Peace and thereby expose the Confederates who had saved the States to the Mercy of the French King nor could a general Peace be made unless Flanders was left in a Condition to defend it self That it was in the King's Power to induce France to what was just and that the Prince must perform what his own Honour as well as what the States were engaged to for their Allies let it cost what it would This Answer was coldly received by the King so as he made no Reply to it My Lord Arlington possest the King that it was Sir William's ill Management that the Prince was not pliable to the King's Desires but if the King would imploy him in the Affair by the Benefit of his Lady's Relations the Prince might be better disposed So in November following the King sent my Lord Arlington upon this Affair to the Prince and my Lord Ossery who had married Madam Beverwort the Countess of Arlington's Sister My Lord Arlington treated the Prince with that Authority Arrogance and Insolence and so artificially that the Prince who was of a plain and free Disposition could not bear it but said the King never intended he should treat him the Prince after that manner Sir William and my Lord too had Instructions to sift the Prince to a Discovery of Applications made to him by discontented Persons in England and to enter into secret Measures with the Prince to assist the King against Rebels at home and to sweeten all my Lord Ossery gave the Prince Hopes of a Match with the Princess Mary the Duke's eldest Daughter but the Prince would not treat of a separate Peace was obstinate against the second said that the third was a Disrespect to the King to think that he was so ill beloved and that his Fortunes were not in a Condition for him to think of a Wife so that my Lord Arlington every way failed of his Expectation lost much of the King's Favour and utterly dissolved the Friendship and Confidence he believed he had in the Prince On the contrary though my Lord Ossery had above any other more bravely fought against the Prince's Interest by Sea in this last War with the Dutch yet the Sympathy of their noble Natures begot a Friendship which no Power less than Death could dissolve and my Lord became Partaker with the Prince in that glorious Attempt against the Duke of Luxemburg upon the Relief of Mons the Success of which was stopped by the unhappy separate Peace the States made with France and the Proposition which my Lord made of the Match between the Prince and the Princess made such an irresistible Impression in the Prince's Mind that would admit of no other Relief but Enjoyment Though the Prince could not suppress yet he concealed his Desires of matching with the Princess Mary till a little before the opening the Campagn 1676 when he disclosed them to Sir William Temple but before he made any Paces towards the attaining his Desires he desired Sir William's Opinion of the Person and Disposition of the Princess Sir William who was glad to find the Prince's Resolution to marry being a Debt due to his Family and the rather because he was the only one of the Masculine Line of it replied That he knew nothing of his own Knowledg of the Disposition of the Princess but had always heard his Wife and Sister speak with all the Advantage that could be of what they could discern in a Princess so young and more by what had been told them by her Governess Hereupon the Prince resolved to write to the King and Duke and beg their Favours to him in it and that my Lady Temple being to go over into England upon Sir William's private Affairs should deliver his Letters to both and desired that my Lady during her Stay in England would endeavour most particularly to inform her self of all that concerned the Person Humour and Disposition of the young Princess About two or three Days after the Prince brought his Letters to my Lady Temple he went to the Army my Lady Temple into England and about the beginning of July Sir William to Nimeguen to assist with Sir Lionel Jenkins as Mediators for a General Peace The States were desirous of Peace yet durst not break from their Confederacy not trusting England enough nor France at all so as to have Dependency upon either after the Peace made The French knew the States were bent upon Peace but the Prince against any but what was consisting with his Honour and the Preservation of the Spanish Netherlands so as to be a secure Barrier to the States against the Power of France The French Designs under the Covert of the general Peace to be treated at Nimeguen were to break the Confederacy and therefore their Ambassadors the Marshal D'Estrades and Monsieur Colbert accosted Sir William and told him they had express and private Orders from their King to make particular Compliments to him upon the Esteem their King had for his Person They told him they knew that the States were bent for Peace which could not be had unless the Prince of Orange would interpose his Authority which was so great with the Allies that they were sure the Allies would consent to whatever Terms the Prince should propose for a Peace and therefore there was no Way to procure a happy Issue but for the Prince privately to agree with France upon the Conditions in which the Prince might make use of the known Temper of the States to bring it to a separate Peace in case the unreasonable Pretences of the Allies should hinder a general one that the Duke of Bavaria had so acted his part with France at the Treaty 〈◊〉 Munster whereby he owed the Greatness of his House that b◠pursuing the same at Nimeguen it would be in the Prince 〈◊〉 Orange to do the same for himself and his Family and that 〈◊〉 what concerned the Prince's personal Interests their Master had given them Assurance he should have a Carte Blanch to write his own Conditions that tho they had other ways of making these Overtures to the Prince yet their Orders were to do it by none but Sir William if he would charge himself with 〈◊〉 that they knew the Confidence the Prince had in him and how far his Opinion would prevail with the Prince and that 〈◊〉 Sir William would espouse this Affair besides the Glory of having
the Covenant and burnt several Acts of Parliament made against it and for establishing Prelacy since the Year 1660 and would have affixed their Declaration at Glascow but were prevented by the King's Forces for that time This Rebellion of the Covenanters initiated by so horrid a Fact did not extend so far as the Covenanters in their Frenâ—â— and Zeal imagined yet upon Sunday the 1st of June they rendezvouz'd about fifteen hundred Men upon Louden-Hill onâ—â— Wier commanded the Foot and the Horse was under Robert Hamilton one Patron with Balfour and Hackston which two 〈◊〉 assassinated the Arch-bishop With this Force they took the City of Glasgow and to sheâ— how all Crowns and Scepters must vail to them they published two Proclamations The first of which was We the Officers of the Covenanted Army do require and command 〈◊〉 the Inhabitants of the Burgh of Glasgow to furnish us with 24 Carts and 60 Horses for removing our Provisions from this Place to 〈◊〉 Camp where-ever we shall set down the same and to abide with us for that End during our Pleasure under pain of being reputed our Enemies and proceeded against accordingly The other was We the Officers of the Covenanted Army do require and command the Magistrates of Glasgow to extend and banish forth thereof all Arch-bishops Bishops and Curates their Wives Berns Servants and Families and Persons concerned in the King's Army within 48 Hours after publishing hereof under highest Pains And then they published a long Declaration of their taking up Arms for a free General Assembly and free and unlimited Parliament to redress the manifold Grievances there enumerated and humbly to request his Majesty to restore all things as he found them when God brought him home to his Crown and Kingdoms that was to the Dominion the Rump-Parliament in England had over them which you may read at large in the aforesaid Author from pag. 67 to 74. To these Declarations the said Author p. 17. adds they barbarously treated the dead Body of one Graham whom they had killed at a Conventicle They committed insufferable Insolencies in the Houses of the regular Ministers and Loyal Gentlemen as they marched along to Glasgow stabbing and gashing his Majesty's Picture where-ever they found it They behaved themselves barbarously in the House of the Arch-bishop of Glasgow where they burnt his Books cut in pieces his best Furniture and Hangings and almost kill'd a Gentlewoman with Blows who was left to keep the House for saying Gentlemen I hope you 'll remember you are in an Arch-bishop's House They sacrilegiously entred the Cathedral of Glasgow and finding a Tombstone over two of the Children of the Bishop of Argile with an Inscription of a Modern Date they digged up their Bodies run them through with their Swords and left them lying above Ground In the mean time the Council of Scotland were not idle but raised an Army and quartered it at a place called Blackborn to prevent the Covenanters Approach to Edinburgh and gave the King an Account of these things and expected his Majesty's further Orders And now I 'll tell a wonder which will scarce be believed in future Generations The King sent the Duke of Monmouth from London upon the 20th of June and the Duke rode above three hundred Miles upon that day and the two next days and upon the 23d ordered and disposed the King's Army raised by the Council that he fought the Covenanters and routed them killing about seven hundred of them and took above eleven hundred of them Prisoners and now it may be you will hear of a Wonder in Consequence after this Fight as great as the Fight and the Duke's Journey before it I do not question but the Design of the Court in sending the Duke of Monmouth into Scotland to suppress the Covenanters was by it to make him odious to the Presbyterians and other Dissenters from the Church of England in case he suppressed the Covenanters which tho the Duke did yet the End designed by the Court in it did not succeed For the dreadful Apprehension of the Duke's Succession to the Crown of England had taken a deep Impression in another sort of Men besides Dissenters and where Men are fearful of Danger they will seek all means how to prevent the Danger especially where the Power of doing ill is greater and therefore another sort of Men no Whigs might have their Eyes upon the Duke of Monmouth as the only means to prevent the Duke of York's Succession to the Crown his Title to the Crown of England if he could get an Act of Parliament for it being as good as that of John alias Robert Stuart the Son of Elizabeth Moore from whom the King and the Duke of York were both descended and in whose Right they claimed the Crown of Scotland if not those of England and Ireland However this gave the Lie to the Tories that all those were Commonwealths-Men who would not submit to the Illegal and Arbitrary Will of the King and their Doctrine of Passive Obedience and that Kings Jure Divino may do what they list tho God has set Laws and Bounds to all the created Bodies of Heaven and Earth and all other Creatures in them But how mischievous these Doctrines have proved to these three Kings of the Scotish Nation has been already said and I say it has been such flattering Doctrines as those that ruined all these Kings and Kingdoms except the Gibeonites Joshua 9. the State of Venice and that of Geneva for Du Salez was a just and vertuous Prince from which Commonwealths arose Who ever before King James and King Charles the First 's Reign in England heard of talking of Common-wealths in England and the several sorts of Governments viz. Monarchy Aristocracy Democracy which two latter tho they have the same Names yet no two of either in their Constitutions were like one the other And as these Commonwealths took their Rise from the Tyrannies of Kings and Princes so the exploded Government of the Rump if it were a Democracy or Common-wealth gave Life to all those Confusions Perjuries Breach of Leagues and devilish Practices of this Reign which would have been intolerable in any other and would have been opposed if not by rising in Arms against them yet at least in not so profusely pouring out Money for not continuing and carrying of them on The Popish Faction were more jealous of the Duke of Monmouth than the Tories were of a Commonwealth and the rather because there was a Pamphlet printed that the King was married to the Duke's Mother and rumoured abroad that Sir Gilbert Gerrard had a Black Box in which the Marriage of the King with the Duke's Mother was fully proved and made out and the fear of the Duke of York's Succession was so fix'd in Mens Minds that the Story of the Black Box was generally divulged and for ought I know believed by those who were fearful of the Duke of York's Succession If this could be
made out the Popish Faction would lose the Tories and Passive-Obedience-Men who at present were their dearest Joys and without them they had not Means to carry on their Design of propagating the Catholick Cause they were sure of the King tho it 's believed he loved not the Duke of York and therefore the King made three Declarations the first of the second of June 1679 wherein he calls the Report of his Marriage or Contract with Mrs. Walters alias Barrow the Duke of Monmouth's Mother false and scandalous and upon the sixth of January following declared that they who should say he was married or contracted to the Duke of Monmouth's Mother were neither his nor the Duke's Friends and declared in the Presence of Almighty God that he was never married nor contracted to any other Woman but his Wife Queen Catherine and upon the third of March following declared in Council and entred it into the Council-Books in the Presence of Almighty God that he was never contracted or married to any other Woman but his Wife Queen Catherine and the Popish Party were sure enough no Issue would spring from thence to the Prejudice of their Cause And that the King might gratify this Faction as well as he had done the Nation in sending the Duke of York out of it he sends the Duke of Monmouth after him but the Duke being informed that Banishment is a Punishment which the King cannot inflict upon any Man unless he be convicted of some Crime the Duke of Monmouth returns again and the Duke of York followes him with this different Success that the Duke of Monmouth had all his Places of Profit and Trust taken from him and the Duke of York was sent High Commissioner into Scotland where the Duke of Monmouth's Victory at Blackborn had left a clear Field in Scotland for the Duke of York to play what Game he pleased but how well this agreed with the King's Speech at the opening of the Parliament That he had commanded his Brother to absent himself from him because he would not leave malicious Men room to say that he had not removed all Causes which could be pretended to influence him to Popish Councils a little time will shew but before we take a View of the Duke of York's Actions in Scotland it 's fit to see how things were carried on in England between the Dissolution of the Parliament and the meeting of the next or third Westminster-Parliament of this Reign The King by Proclamation dissolved the Parliament upon the 12th of July 1679 and issued out Writs for the meeting of another the 17th of October following but like the usual Methods of other things in this Reign when they met he prorogued them to the 26th of January following and then prorogued them to the 5th of April following viz. 1680 and from thence to the next 17th of May And when they then met prorogued them to the first of July and from thence to the 21st of October when he graciously declared they should then sit And now let 's see what 's doing in the mean while for the discovery and suppressing of the Popish Plot. To humour the Court the Tory Party set their Wits to work to ridicule the Popish Plot and Roger L'Estrange as Pensioner of the Party comes weekly or oftner out in defiance of it who is Party Judg Licenser and Rifler of the Press whilst his Antagonist Care who wrote The Weekly Packet of Advice from Rome wherein he discovered the Frauds and Superstitions of that Court and Church is not only thereupon arraigned convicted and sentenced for printing illicite or without Licence but by an Order of the Court of King's Bench it was ordained That the Book intâ—led The Weekly Advice from the Church of Rome or the History of Popery shall not from thenceforth be printed or published by any Person whatsoever Then a Design was set on foot to throw the Popish Plot upon the Presbyterians by leaving Papers of a Plot in the Lodgings of the principal Persons who were active in the discovery of the Popish Plot and then to search their Houses and prosecute them upon it and these Papers to be given in Evidence against them Mrs. Cellier was a principal Agent herein and Dangerfield as her Instrument at first made an Attempt herein upon Colonel Mansel who was prosecuted upon it but the Examination of it was referred to Sir William Jones then Attorney General upon whose Report of it to the Council they thereupon voted Colonel Mansel innocent and Dangerfield guilty and that this was a Design of the Papists to lay the Plot upon the Dissenters Charge and a further Proâ— of the Popish Plot. But this was such a Crime in Sir William Jones that he was soon after put out of his Place and Sir Robert Sawyâ—â— put in who would not venture the loss of his Place for such another Report By this time my Lord Chief Justice's Zeal which he professed for discovery of the Popish Plot was inverted into the quite contrary and he was not of the Opinion of the Council For after this Dangerfield procured his Pardon and then discovered the whole Plot which he printed hereupon Mrs. Cellier was prosecuted and tried before my Lord Chief Justice Scroggs upon the eleventh of June 1680. and Mrs. Cellier excepting against Dangerfield's Evidence he having his Pardon the Case was sent to the Court of Common-Pleas for their Judgment upon it who gave it that Dangerfield's Evidence was good yet let any Man read the Trial and see how the Chief Justice rated and vilified him so as Mrs. Cellier was quit and after the Trial committed Dangerfield to Prison upon the account there was a Defect in his Pardon though it was not then before him whether there was any Defect in his Pardon or not Then the Popish Party set another Design on foot to suborn the Discoverers of the Popish Plot for which Mr. Reading was tried and committed and also to suborn defame and scandalize the King's Evidence in the Discovery of the Popish Plot for which Thomas Knox and John Lane were convicted upon the twenty fifth of November 1679 and John Tasborough and Ann Price upon the third of February following Another Step towards the Discovery of the Popish Plot and Subversion of Popery was to discharge those in Prison upon it and in order to it you may read in the Trial of Sir George Wakeman Corker and Marshal what a Stress my Lord Chief Justice Scroggs put upon Oates his not accusing Sir George Wakeman upon his Letter before the Council when Oates was so tired weak and confounded with his other Evidence that he was scarce able to stand and how the Chief Justice repeats this and bids the Jury weigh it well and not be amazed or affrighted at the noise of Plots and that Sir Wakeman's Corker's and Marshal's Blood lie at Stake as did his and the Juries Souls c. And in my Lord Castlemain's Trial how he undervalued
Dangerfield's Evidence and told the Jury that Treason must be proved by two Witnesses and if they doubted upon one it was his Opinion it was but a single Evidence These Prisoners thus discharged the next Design to crown the Work was to make a Precedent That no future Prosecution should be made for convicting Roman Recusants and to that end in Trinity Term 1680 before the Parliament met the Chief Justice Scroggs discharged the great Inquest of Oswaldston before they had given in their Presentments of several Bills of Indictments against the Duke of York and other Roman Catholicks I do not find that in all these Transactions the King made use of the Council which he chose the twentieth of April 1679 where my Lord Shaftsbury was President and Sir Henry Capel Sir William Temple and many other noble Persons were Members of it when he declared in Council and Parliament and to the whole Nation How sensible he was of the ill Posture of his Affairs and the great Dissatisfaction and great Jealousies of his Subjects whereby the Crown and Government was become too weak to preserve it self which proceeded from a single Ministry and of private Advices and therefore profess'd his Resolution to lay them wholly aside for the future and to be advised by those able and worthy Persons whom he had then chosen for his Council and by the frequent Advice of his Parliament in all his weighty Affairs I do not find when he dissolved this Council yet I am confident none of these things were done by their Advice yet this I find that none of these were present when the King in Council the third of March 1679 declared against his Marriage with the Duke of Monmouth's Mother and this was within the Year after the twentieth of April 1679. How the Duke of York carried on the Design of the Discovery of the Popish Plot and endeavoured the Suppression of Popery in Scotland at this time is not yet ripe to be declared but in this Posture things stood in England when the Parliament met the twenty first of October 1680. Upon the opening of the Parliament the King told them The several Prorogations he had made had been very advantagious to our Neighbours and very useful to him for he had employed that time in making and perfecting an Alliance with Spain sutable to that which he had before made with the States of the Vnited Provinces and they also had with Spain consisting of mutual Obligations of Succour anâ— Defence So then it was not for the Transactions aforesaid and the sending the Duke of York High Commissioner into Scotland which no doubt but the Parliament if they had been sitting would have boggled at but for making and perfecting Alliances with the States of Holland and if any such Alliances were making or made what would the sitting of the Parliament have hindred them I 'm sure they might and would have advanced them It was in November 1677 that by the Agreement between the King and Prince of Orange the French should deliver up to the King of Spain the Towns of Aeth Charleroy Oudenard Courtray Tournay Valenciennes St. Gillain and Binch Lorain to that Duke and the Towns which the French had taken in Alsatia to the Emperor and in case of Refusal within two days after by the French King our King was to declare War against the French King and join with the Dutch States and Confederates to compel the French to it and at the Prince's Departure promised him never to depart from the least Point of it It was not two Weeks before the King brake this Promise and to amuse and raise a Jealousy among the Confederates by Mr. Thyâ— Sir William Temple refusing to have any hand in it about the latter end of December following made a separate League with the Dutch States upon the Parliament's giving him 1200000 l. to enter into an actual War against France In May following viz. 1678. the King took French Money to join with a Faction in Holland to make a separate Peace with France upon delivery of six of the nine Towns to the Spaniard whereof two of the three not to be delivered to the Spaniard were Tournay and Valenciennes worth all the rest and the Duke of Lorain and the Emperor left loose and uncertain In July following upon the French refusal to deliver up these six Towns to the Spaniard the King would declare War against France and join with the Dutch and the rest of the Confederates in it Hereupon Sir William was sent to the Hague and in six days time concluded a League with the States that if within fourteen days after the Date of it France did not declare to evacuate these six Towns Holland engaged to proceed in the War against France and Sir William sent over the Conditions to be ratified by the King During these Transactions in Holland and it may be before the League came over to be ratified by the King the King sent Du Cres with Instructions to Sir William Temple to remove from the Hague to Nimeguen and to divulge that the King and French King had absolutely agreed and consented to a Peace and that he had brought Orders to Sir William Temple to go straight to Nimeguen where he should meet with Letters from my Lord of Sunderland the King's Ambassador at Paris with all the Particulars concluded between them The Fourteen Days for the French Agreement to evacuate the Towns running so fast away in the mean time that Beverning and his Faction upon the last of the Fourteen Days pleaded a petty Necessity of huddling up that treacherous Peace which left Christendom to the Mercy of the French Would not one think it strange now that the Dutch and poor Spaniard should have such a mutual Confidence in our King's Faith and to trust to his mutual Obligations of Succour and Defence Or that the King should be so staid in making this League for it was above eighteen Months after the Prorogation of the last Parliament to the Meeting of this and above Fifteen Months from the Dissolution of it and yet so hasty in all his other Leagues After the Benefits which Christendom as well as England may reap by these Alliances if our Divisions at home do not make our Friendship less considerable the King thought fit to renew all Assurance that can be desired for Security of the Protestant Religion which he is resolved to maintain against the Conspiracies of our Enemies Can any Man who reads the Transactions between the Prorogation of the last Parliament and the Meeting of this force a Belief of this And concur with any new Remedies which shall be proposed which may consist with preserving the Succession of the Crown in its due and legal Course of Descent That is Let the Wolf be Shepherd and let the Sheep make what Laws they please for their Preservation Was it not known that the Duke of York was a Jesuited Papist whose Maxims are That no Faith is to
not foreknown and ordered to be taken into Custody tho in Northumberland and Yorkshire and rarely I think any of them were discharged without paying their Fees but what Fees was what the Serjeant pleased nay the Commons outrun all which was ever thought of before For on Tuesday the 14th of December having voted one Mr. Herbert Herring to be taken into Custody and Mr. Herring absconding from being taken the House resolved That if he did not render himself by a certain Day they would proceed against him by Bill in Parliament for endeavouring by his absconding to avoid the Justice of the House Though I doubt the Lords in the Temper they were in nor the King neither would have passed such a Bill It was strange methought that the Commons should be so zealous against any Arbitrary Power in the King and take such a Latitude to themselves which puts me in mind of a Story I have heard of an old Usurer who had a Nephew who had got a Licence to preach and the Uncle having never done any thing for his Nephew he resolved to be revenged upon his Uncle in a Sermon which he would preach before his Uncle in the Parish where he lived and made a most invective Sermon against Usury and Usurers but after the Sermon was done the Uncle thank'd his Nephew for his good Sermon and gave him 2 Twenty-shilling Pieces the Nephew was confounded at this and begg'd his Uncle's Pardon for what he had done for he thought he had given him great Offence No said the Uncle Nephew go on and preach other Fools out of the Conceit of Vsury and I shall have the better Opportunity of putting out my Money Yet so zealous were the Commons against Popery and Arbitrary Power that upon the 15th of December they resolved that one Mean for the Suppression of Popery is That a Bill be brought in to banish immediately all considerable Papists out of the King's Dominions And that a Bill be brought in for an Association of all his Majesty's Protestant Subjects for the Defence of his Majesty's Person the Defence of the Protestant Religion and for the Preservation of his Majesty's Protestant Subjects against all Invasions and Oppositions whatsoever and for preventing the Duke of York or any other Papist from succeeding to the Crown And upon the 16th of December the Commons read another Bill the first time for exempting his Majesty's Protestant Subjects dissenting from the Church of England from the Penalties imposed upon the Papists and upon the 18th ordered a Bill to be brought in to unite his Majesty's Protestant Subjects In this Ferment of the Commons this Parliament they run counter to the Commons of the last Parliament for then they chose Mr. Edward Seymour to be their Speaker and when the King refused him they were much disgusted but in this Parliament the Commons the 25th of November impeached him upon four Articles and a Motion was made for an Address to be made to remove him from his Majesty's Council and Presence And in the last Parliament the Commons would not proceed to the Trial of the Popish Lords in the Tower before the Lords should give their Judgment upon the Earl of Danby's Plea whereas in this Parliament they proceeded to the Condemnation of my Lord Stafford without taking any notice that I can find of having the Lords Judgment upon the Earl's Plea The Commons took Care also to prosecute and impeach all those that countenanced the Popish Plot or were Abhorrers of petitioning the King for the Meeting of the Parliament in the manifold Prorogations of it and voted That it is and ever hath been the undoubted Right of the Subjects of England to petition the King for the Calling and Sitting of Parliaments and Redress of Grievances And that to traduce such petitioning as a Violation of Duty and to represent it to his Majesty as tumultuous and seditious is to betray the Liberty of the Subject and contributes to the Design of subverting the antient legal Constitutions of this Kingdom and introducing Arbitrary Power The first that fell under these Votes was Sir Francis Withens after made a Judg a Member of the Commons whom they voted to be a Betrayer of the undoubted Rights of the Subjects of England and ordered him to be expelled the House for this high Crime and to receive the Sentence at the Bar of the House kneeling which he submitted to The next was Sir George Jefferies then Recorder of the City and ordered that an humble Address be made to the King to remove him out of all publick Offices and that the Members which served for the City should communicate this Vote to the Court of Aldermen Upon this Account tho the Commons discriminated the Crime they ordered Sir Giles Philips and Mr. Coleman to be sent for into Custody of the Serjeant at Arms for detesting and abhorring the petitioning for sitting of the Parliament and voted it a Breach of Privilege of Parliament the like the Commons did by Captain William Castle Mr. John Hutchinson Mr. Henry Walrond Mr. William Stavel Mr. Thomas Herbert Sir Thomas Holt Serjeant at Law and Mr. Thomas Staples and because Sir Francis North Chief Justice of the Common Pleas advised and was assisting in drawing up a Proclamation against petitioning for the sitting of the Parliament the Commons voted That it was a sufficient Ground for the House to proceed against him for high Crimes and Misdemeanours The like Vote passed against Sir Thomas Jones one of the Judges of the King's Bench and Sir Richard Weston one of the Barons of the Exchequer I do not find these Votes went further but the Commons actually impeached Sir William Scroggs of High Treason for discharging the Grand Jury of Middlesex before they had finished their Presentments and for the Order made in the King's Bench against Care 's Pacquet of Advice from Rome 〈◊〉 the History of Popery that it should be no more printed or published by any Person whatsoever I do not find the Articles particularly recited but they were ingrossed upon the 7th of January and the Impeachment carried up to the Lords by my Lord Cavâ—â—dish and received by the Lords Note in this common Danger the Commons ordered Leave to bring in a Bill for a general Naturalization of all Protestant Aliens giving them Liberty to exercise their Trades in all Corporations Now it 's time to see wherein the Lords and Commons did agree and wherein they ran counter The Lords agreed with the Commons in repealing the Act of 35 Elizabeth viz. for Payment of 20 l. per mensem for every Man who resorted not to his Parish-Church being so terrible a Law that it lay dormant above 80 Years and in the Feuds between the Tories and Whigs it was begun to be put in Execution which the Commons apprehending would make a Breach so wide as to let in Popery which would make no Distinction between Dissenters and the Sons of the Church they brought in a Bill
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
the others were so that they proceeded where the last Commons left and sat but seven Days wherein they had these foâ—â— Considerations under their Debates first the preparing a 〈◊〉 against the Duke of York's Succession the second the taking the Bill of the Repeal of the Act of 35 Eliz. out of the House of Lords the third an Inquiry into Fitz-Harris's Business the fourth a Prosecution against the impeached Lords in the Tower The Commons spent the three first Days in choosing their Speaker and confirming him and in taking Oaths as the Laws direct so that it was Thursday the twenty fourth of March before they entred upon any Business and being dissolved upon the Monday following they could make but little Progress upon the four Particulars aforesaid and each of them was so green that the Court would not endure much Enquiry into any one of them Upon the Debate of Fitz-Harris's Business one of the Members reported how that one Hubert had confessed that he had fired the City of London upon which the House resolved to examine him next Morning but before the House sat next Morning Hubert was hanged to prevent it and they remembred there was a Design to have tried the Popish Lords in the Tower by Indictment to prevent which the Commons exhibited general Impeachments against them with that Success that the Lords were never tried upon Indictments and the Judges gave their Opinions they could not Hereupon the Commons ordered an Impeachment of Fitz-Harris upon Friday the twenty fifth of March and ordered Sir Lionel Jenkins to carry it up to the Lords who at first refused it saying The sending of me upon this Message reflects upon my Master the King and do what you will I will not go Hereupon seveveral moved to call him to the Bar and several Speeches were made of his Offence but at last he relented and carried up the Impeachment to the Lords but the Lords threw it out But the Lords having thrown out the Impeachment the Commons the next Day being Saturday the twenty sixth ran high in their Debates upon it One said this was to have no further use of a Parliament but to serve a present Purpose Another said Indictments were brought against the Lords in the Tower yet that was no Impediment against their Impeachment in the Lords House and the last Day of the last Sessions of Parliament the Lords accepted an Impeachment of the Lord Chief Justice Scroggs and that this Denial of Justice by the Lords was greater than my Lord Chief Justice Scroggs's Denial of taking Presentments from the Grand Inquest of Middlesex by how much the Commons of Parliament are the great Inquest of the Nation Another said this is a new Plot against the Protestants of which Fitz-Harris is accused and the Commons impeach him and the Lords say We will not hear it and that if it were not for the Lords Fitz-Harris might have discovered all the Conspiracy and the Protestant Religion might have been saved and therefore moved That the denying this Impeachment tends to the Subversion of the Constitution of the Parliament and of the Protestant Religion Another said That this was a Confirmation of the Design to murder the King and the Duke consenting to destroy his own Brother and our King and therefore moved That if any Judg Justice or Jury proceed upon Fitz-Harris and he be found Guilty That the House would declare them guilty of his Murder and Betrayers of the Rights of the Commons of England to which was added upon the Motion of Sir W. J. or that any Inferiour Court shall proceed c. which was passed The Reason of these Votes were That if Fitz-Harris were tried upon an Indictment he must have been tried singly upon the Fact whether he were guilty or not of contriving and dispersing the Libel but upon an Impeachment the Commons might enquire into the whole Conspiracy Sunday March 27. The Houses sat not and the next Day Monday 28 in the Morning the King came suddenly and unexpectedly to the House of Peers and sent for the Commons and dissolved the Parliament and immediately took Coach and drove to Windsor leaving both Houses in an Amaze and the City of Oxford in a Hubbub If it were Sir William Jones who wrote the just and modest Vindication of the two last Parliaments viz. the last Westminster Parliament and this at Oxford pag. 393. he says The Peers at Oxford were so wholly ignorant of the Council that they never thought of a Dissolution till they heard it pronounced yet the Dutchess of Mazarine published the News at St. James ' s many hours before it was done If the Nation as well as the Parliament and City of Oxford were amazed at this Dissolution and Manner of it they were not less with the Declaration that followed it which though the King did not communicate to the Council till Friday the eighth of April yet the next Page says Monsieur Barillon the French Embassador read it to a Gentleman upon the fifth of April before and demanded his Opinion of it which the Embassador might better remember because of the great Liberty the Gentleman took in ridiculing it to his Face It 's observable that that Declaration was printed in French as well as English and many Gallicisms in it and particularly That it was a Matter extreamly sensible to us which was a Form of speaking peculiar to the French and unknown to any other Nation The Substance of the Declaration contained the Dissatisfaction the King took at the two Westminster Parliaments that they gave him no sutable Return to support the Alliances which he had made for the General Peace of Christendom nor for the further Examination into the Plot nor for the Preservation of Tangier and for their Votes That no Man should lend any Money upon any Branches of the Revenue or buy or pay any Tally of Anticipation upon any part of the King's Revenue This was not so for the Commons restrained them to the Custom Excise and Chimney-money given for other Ends see the Votes that they passed a Vote That the prosecuting of Protestant Dissenters was a Grievance to the Subject c. by which they assumed to themselves a Power of suspending Laws So the Commons might do any other Law found by Experience to be grievous and dangerous to the Subject and must do so in order to repeal such Laws and did not the King do so twice before by his Declaration of Indulgence though to a contrary End to what the Commons intended That these Proceedings caused him to dissolve that Parliament and to assemble another at Oxford who had warning given them of the Errors of the former and were required to make the Law of the Land their Rule and adding that he would not depart from what he had formerly declared concerning the Succession yet declared he was ready to hearken to any Expedients by which the Religion established might be preserved yet the Monarchy preserved viz. How
to preserve Fire and Water mingled together and was not the Monarchy of Scotland preserved though his Grandfather reigned twenty Years in Scotland while his Mother was alive without her and so continued after her Death That no Expedient would be entertained but a total Exclusion nor could be nor did the King ever propound any how otherwise the established Religion might be preserved That the Business of Fitz-Harris was carried to that Extremity that there were no hopes of a Reconciliation c. and put the Houses out of a Capacity of transacting Business it was upon Friday the twenty sixth of March the Commons sent up the Impeachment of Fitz-Harris and there were but Saturday and Sunday between this and the Dissolution of the Parliament and the Houses sat not on Sunday so that the King 's no Hopes or indeed Fears of a Reconciliation were very sudden Why might not the Lords if they had been permitted to have sat upon Conferences with the Commons and hearing their Reason have altered their Resolutions which is usual and it seems this Resolution of the Lords was very sudden and admitted of no great Debate to receive the Impeachment of Fitz-Harris and the same Day to throw it out which caused him to put an end to that Parliament However the King says that notwithstanding the Malice of ill Men who laboured to perswade the People that he intended to lay aside the Use of Parliaments he declared that no Irregularity in Parliament should make him out of love with them and that he was resolved to have frequent Parliaments yet lived near four Years after and never called another and in the Intervals would use his utmost endeavours to extirpate Popery and redress the Grievances of his Subjects the truth of this will best appear hereafter This Declaration which carries the Title of his Majesty's Declaration to all his loving Subjects was ordered to be read in all the Churches of England but if the Matter of it were so surprizing and amazing to the Nation the Manner of it was not less For never any King of England before as King no not this King's Father or Grandfather ever spake to his Subjects but either personally in Parliament or under the Broad Seal of England Whereas this Declaration is only Signed Francis Gwyn it might have been as well Edward Coleman and the Subjects as much obliged to have taken notice of the one as of the other And the Reason is twofold one That the Chancellor or Keeper is responsible if he puts the Seal to any Declaration or Proclamation not warranted by Law and therefore my Lord Chancellor Finch's Sagacity in not putting the Seal to this Declaration was as apparent as his Veracity which he would not expose in seconding the King's Speech at the opening the last Westminster Parliament And the other is to avoid all Impostures and Cheats which might otherwise be imposed upon the Nation under the Name of the King That we may take a better View of the rest of this King's Reign if it be worthy to be called so it 's fit we look into Scotland and see what 's doing there for the Discovery of the Popish Plot but it 's fit to look a little back and take notice that the King in his Speech at the opening of the Second Westminster Parliament told them that to take away all room for any Jealousy of his not prosecuting the Discovery of the Popish Plot he had sent his Brother beyond Sea but having by the Duke of Monmouth wholly suppressed the Kirk Party in Scotland he fairly sends for the Duke of York back again and from an Exile made him Vice-Roy or Regent of Scotland where all things lay open for him to prosecute his Designs as he pleased When the Duke came into Scotland the Earl of Argyle was one of the first that waited upon him The Earl's Story will better appear if first you take his Character He was Son of the Earl of Argyle after made Marquess by King Charles the First who so preferred him to take him off from heading the Kirk Party and thereby to oblige him to become of the King's side which had no Effect for the Marquess above any other of the Scotish Nobility was a most zealous Assertor of the Kirk's Power and was the Head of them when Montross took up Arms against them but though the Marquess was most unfortunate in it yet it no ways abated his Zeal to the Kirk nor was he less esteemed by them When Cromwel had overthrown Duke Hamilton and taken him Prisoner who came into England not to establish the National League and Covenant but to deliver King Charles out of Prison The zealous Kirk Party were highly offended at it and the Marquess of Argyle was the principal Agent to call Cromwel into Scotland to suppress the Hamiltonian Faction and to establish the Kirk which Cromwel then did though he undid it soon after and for this the Marquess was the first Year after the King's Restoration condemned and executed for High Treason upon which he lost all his Honours as well as his Estate But in all the Marquess's Actions his Son the Lord Lorn run counter to him and when this King Charles was in Scotland he was of all others the most obsequious to him and afterward when Middleton made some Incursions into Scotland for the King Lorn was most assisting in them Hereupon after the Marquess was attainted and executed King Charles restored his Son to all his Father's Estate and Honours except that of Marquess Afterward the Earl of Argyle continued constant in his Integrity to the King in all his Civil Affairs and was most zealous and forward in suppressing Tumults and Field-Conventicles so that before the Duke came into Scotland the King had so entire a Confidence in the Earl that he gloried that in thirty Years which must be computed from the King 's going into Scotland in 1650 he never received one Frown from the King how he should become such a prejured Traitor after the Duke's coming into Scotland is now to be enquired into The Earl of Argyle was one of the Lords of the Articles and by the Duke made one of the Committee for the Articles of Religion which by the Custom of Scotland and by the King's Instruction was to be the first thing treated of In this Committee an Act was prepared for securing the Protestant Religion which approved the Confession of Faith and also the Act containing the Coronation Oath to be taken by all the Kings and Regents of Scotland before their entry to exercise their Government This Act as drawn was less binding to the Successor of the Crown as to his own Profession yet did oblige as strongly the Maintenance of the Protestant Religion in the publick Profession by all others as before and added a Test to be taken by all in publick Emploiments to exclude the Popish Party out of them and because in case of a Popish Successor all Fines and
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 iâ— 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
in taking the Customs without Grant of Parliament and such as were never granted by Parliament and in further raising Ship-Money and imprisoning the Members of Parliament without Benefit of their Corpus's yet he thought best to do it by such Judges as he should make So this King in the Executions of Fitz-Harris and Colledge would have the Colour of Justice by a Form of Law for which there was no Law But as the Knights of Malta could make Knights of their Order for eight Pence a-piece yet could not make a Soldier of Sea-man So these Kings tho they could make what Judges they pleased to do their Business yet could not make a Grand-Jury from whom the Judges in all criminal Cases between the King and Subject must take their Measures these Grand-Juries in London are returned by the Sheriffs and the Sheriffs are chosen by the Livery This Difficulty after my Lord Shaftsbury's Case put the Court to their Trumps and at present a Stop to their Proceedings The Assistance of the Duke of York was necessary but at this time he was as busy in Scotland about my Lord of Argyle as his Brother was in England about my Lord Shaftsbury The City upon the Dissolution of the Four last Parliaments were aware of the Designs of the Court and chose Sheriffs accordingly when Colledge's Bill was preferred Mr. Cornish and Bethel were Sheriffs and now another such was preferred against 〈◊〉 Lord of Shaftsbury Sir Thomas Pilkington and Mr. Shute were Sheriffs who tho at other times Sheriffs would rather fine than serve yet at this time none refused to serve so that unless Sheriffs of another Stamp were chosen all would be to no Purpose It 's scarce credible what a Noise the not finding my Lord Shaftsbury's Bill made all Justice now the Tory Party cried was stopped if these Ignoramus Juries were not set aside R. L. S. proclaimed Forty one would inevitably return and this countenanced by the Court flew out of the City all the Country over so that scarce any other thing was to be heard but of Ignoramus Juries and what would follow from them It was the latter End of Michaelmas Term the great Inquest returned an Ignoramus upon the Bill of High Treason preferred against my Lord Shaftsbury and in the Vacation all Wits were set on work how to take the Election of the Sheriffs of London out of the Power of the City and no other Expedient could be found out but by taking away their Charter which if it could be done would not only entitle the Court to making of Sheriffs but open a Gap to their making a House of Commons for near 5 6 of the Commons are Burgesses and Barons of the Cinque Ports who would not dare to contest their Charters if the City of London could not hold theirs So that in Hilary Term following a Quo Warranto was brought against the City for two hainous Crimes viz. That they had made an Address to the King for the Parliament to sit for Redress of Grievances and to settle the Nation yet King Charles the First thought the Parliament's Vote of non-Addresses to him was a Deposing of him and that the City had raised Money towards repairing Cheapside Conduit ruined by the Fire of London The City pleaded their Right and the King replied upon which there was a Demurrer but Judgment was not given upon it till Trinity Term 1683. However the Novelty of the thing caused an Amusement upon the Generality of the City and Nation too whereto this tended In the mean time the Duke having done his Work in Scotland was returned to London and his Zeal for promoting the Catholick Cause outwent his Patience for the Court's Judgment upon the Demurrer to the Quo Warranto so that Courtiers of the First Magnitude appeared barefaced for the next Election of Sheriffs and Sir Dudley North Sir Francis's own Brother and Sir Peter Rich were returned one by a shameless Trick the other by open Force Tho the Court had gained this Point they thought not fit to push it further till the Demurrer to the City Charter were determined in which such Haste was made that only two Arguments were permitted on either Side one in Hilary Term 1682-83 and the other in Easter Term following and so Judgment was given in Trinity Term next after against the City The Judgment against the City was as strange as the Election of the Sheriffs for it was without any Reason and by two Judges only one was Sir Francis Withens who had heard but one Argument and I believe understood but little of that and who after in the Absence of Sir Edward Herbert delivered that for his Opinion which Sir Edward when present disowned and Sir Thomas Jones However they said Justice Raimond was of their Opinion and so was Saunders the Chief Justice tho he was past his Senses and only had Sense enough to expostulate with them for then troubling him when he had lost his Memory But the Court of Kings Bench were not so ripe for this hasty Judgment as that at White-Hall was for Discovery of Plots against the Government and Justice of the Nation of which they set three on Foot viz. A Plot to surprize the Guards the Rye-Plot to murder the King and Duke as they should come from New-Market and the Black-Heath Plot for the People to rise upon a Foot-Ball Match if those Sheriffs would not do the Court's Work you may be sure the next should where the King should have the Nomination but these were as trusty as any the King could make and it was now Graham and Burton's Work to find Good Jury-Men and then the Sheriffs would be sure to return them In all these Plots for ought I can find the Fox was the Finder my Lord H and Rumsey in that of the Guards Lee and Goodenough in that of Black-Heath Keeling and West in that of the Rye-Plot Lee was set to trapan Rouse and Baker in the Black-Heath Plot. Rumball at whose House 't was said the Rye-Plot was to be acted upon his Death denied he ever knew of any But the Great Design was upon my Lord of Essex and my Lord Russel one the most eminent of the Nobility for his great Honour and all eminent Vertues the other of the Commons and both zealous Protestants and Opponents to the Design of introducing Popery and Arbitrary Power I will not again curtail Mr. Hawles's learned Remarks upon my Lord Russel's Trial on the Thirteenth of July 1683. yet I must observe how that that Day whether my Lord of Essex killed himself or was to be killed the King and his Brother were both in the Tower when the Act was done and immediately Notice was sent to the Old-Baily to give Notice of it to the Court that in the worst Sense Use might be made of it by the King's Counsel against my Lord Russel The Blaze of the Earl's having murdered himself having had its designed Effect upon my Lord Russel's Trial
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
luxurious and vicious Prince and that Ferdinand II. after the Victory at Prague endeavoured to subject the Freedom of Germany by force which brought the Swedes into Germany and the French siding with the Swedes took Philipsburg and Brisac upon the Rhine which opened the two Passages into the Empire by which this present King has been enabled to make those Wars and Ravages in the Empire which have since succeeded After the Restoration of King Charles II. the whole Series of his Reign was employed in assisting the French in all their ambitious Designs so did the Dutch and Dane when he had engaged them in a War with England and the Oxford Parliament first made the Act against the Importation of Irish Cattel whereby they disjoin'd the Interest and Dependency of Ireland upon England and fixt it upon France and other Countries which traded with them and enabled the French and Dutch to victual Ships cheaper in their Fisheries and other Trades than the English could as much to their Benefit as Prejudice to the English How King James II's Conjunction with the French had brought these Nations and Christendom to the Brink of Destruction was said in his Reign In this state these Kingdoms stood when God was pleased to give them Deliverance by the Interpoâ—tion of his present Majesty and now all the neighbouring Nations upon France I mean Spain the Empire Savoy and the Dutch as well as England were alarmed at their common Danger by the French Ambition and Grandure and all their Eyes were upon England as if from thence they expected Safety and now was the King of England again become the Arbitrator of Christendom after the four former Kings were so contemptible and neglected by it But in two things the French King's Ambition or rather Madness put some Check to his aspiring Designs viz. his Contests with the Pope about his Franchizes at Rome and the Regalia's of France and by the Extream on the other side in his revoking the Edicts of Nants and his Dragooning and Reforming the Protestants of France whereby he lost innumerable of his Subjects to the weakning of his own Power and that in double Proportion for his Enemies as he made them became so much the more numerous and stronger for those which became Exiles being an industrious sort of People had contributed highly to the Encrease of the Wealth of France so that now the Charge of the War must have been supported by those he left yet in this state France alone for above six Years made an offensive and victorious War by Land against Germany Spain Holland the Spanish Netherlands and the Duke of Savoy tho all these were assisted by the Power of England and Scotland Tho England embraced their Deliverance by the King Ireland did not nor was it their Interest for why should the Irish join with the English who would have no Trade with them against the French upon whom the Irish depended by their Trade and Commerce And it 's observable That tho the French assisted the Irish above three Years in their Wars against the English yet it may be a Question Whether the French did not gain more by their Trade with Ireland for Wools Tallow Raw Hides and Provisions for their Fleet than their Expence for carrying on the War against the English did amount to whereas the English in the War were at a foreign Expence and being a Naval War were forced to victual their Fleets at one third greater Expence than the French could do from Ireland Another Advantage the French had over the English in this Naval War was that Brest lying South of Ireland every Wind not North in one Course carries their Fleet to Ireland whereas Chatham from whence the English sent their Fleet to oppose them lies fivefold more remote from Ireland than Brest does nor can the Ships from Chatham be carried to Ireland but by different Winds and steering different Courses almost from all the Points of the Compass for it must be after the Ships are come within the Buoy of the Nore a South or South-west Wind to carry them to the Buoy of the Gunfleet before they turn into the Deep Waters then a quite contrary Wind brings them into the Downs and Channel and when they have sailed above a hundred Leagues another Wind carries them to Ireland From hence it was principally that the French for above three Years together so long as the War lasted sent out their Fleets upon the Coast of Ireland did their Business and returned to Brest before we could get out our Fleets to oppose them Yet Falmouth and Milford-Haven are much better Ports and lie better and more conveniently than Brest Milford much more to have relieved Ireland and oppose the French Designs at Brest yet from neither did we send one Ship to do it I suppose if the Reason hereof be asked it will be answered That there were no Docks Shipwrights or Naval Stores in either to have supplied our Men of War in those Ports But from whence comes this to pass There were two Reasons hereof from within and from without from within Foy and Haverford-West and the Port Towns generally of England are Corporations and the Inhabitants poor yet proud of their Prerogatives in excluding the rest of the Nation and so have so much less means for building Ships Docks or carrying on the Fishing or any foreign Trades as the Inhabitants are fewer and poorer and generally they are all Beggars The other Reason from without is the Act of Navigation against Foreigners partaking equal Benent in Trade with the Natives of England so that tho God and Nature have endowed this Nation with more excellent and noble Ports than any Nation in the World of like Bigness except Ireland for the Benefit and Convenience of the Nation yet by the Iniquity and Folly of our Laws we have made them vain and of no use to our selves nor any other Nation whereas I am confident the French King would give any of his new conquered Provinces in the Spanish Netherlands to have one such Port as either Falmouth or Milford Haven upon the Coast of Normandy or Bretaign within the Channel Notwithstanding these Obstacles the Kingdom of Ireland is again reduced to the Dominion of the Kingdom of England But I say tho we should destroy the French Fleet of War yet if we do not redress the Oppressions which the English in their Trades and Navigation lie under the Nation will be no ways secured from the growing Greatness of either French or Dutch for the same Causes will have the same Effects EXPEDIENTS by which the English Nation may be secured against the growing Greatness of the French and Dutch APOLOGY WE have epitomized the Causes of the declining of the Wealth Strength and Trade of England in this Epilogue that they may be more obvious to the Reader than if he should look for them as they lie dispersed in the Body of the History and I am conscious to
Person made Chancellor of Ireland 641. Fitz-harris his Plot against the Dissenters 562 564. Is committed to Newgate but his Discovery prevented 564 588. Is tried and hang'd against the express Votes of the Commons 591. Five-mile-Act against Dissenters 458. Design'd to be reviv'd by the Lords with Remarks thereon 501 502. Flanders overrun by the French 470. Fleetwood made General 408. Is advis'd to bring in the King 415. Foreigners to be naturaliz'd and otherwise encourag'd 556 607 608 674 675. but kept out of our American Trades 660. France how bounded 11 28. It s Grandure owing to the Stuarts 160 480 496 498 651 652. It s Success against Spain 256. Franche County invaded 473. Frederick the Palsgrave marries the Princess Elizabeth 67. Has no Relief from his Father-in-law 93 94 95. Enters Prague with an Army 93. Totally routed and retires into Holland 95. Goes to his Army in Disguise 107. which is routed 108. Takes the Covenant and has a Pension from our Parliament 309. Free Ports 679 680. French routed at Sea by the English 354 378. Look'd on while the English and Dutch fought 492. Beat Spaniards and Dutch at Messina 503. Endeavour a separate Peace with the Dutch 509 511. Their Imperiousness 521. Wheedle the English and Dutch 522 529. French King breaks the Pyrenean Treaty 427 428 471. Expels the English out of S. Christophers 460. Pretends to join the Dutch 461. Breaks his Word with the Irish 472 533. Procures the Triple League to be broke 474 484. Sets out a Fleet against the Dutch 475. Declares War to propagate the Catholick Cause 477. His Perfidiousness c. 484 498 604. His Success and Ravages on the Rhine Netherlands c. 485 487 505 513 524 530. Makes Prize of English Ships 498. Endeavours to break the Confederacy 509. His Promise to the States reflected on 523. Falls upon the Empire without declaring War 650. and the English Factories at Canada 644 650. Impolitick in his Persecution 657 662. G. GLemham Sir Tho. for the King 313 316. Godfrey Sir Edmundbury murder'd 533 534. Goodman Bp of Glocester suspended at Mountague's Instigat 273. Grievances increas'd by Intervals of Parliament 49 61. Grotius for the Arminians 121. His Mare â—iberum answer'd at large 244 252. Gundamor Spanish Ambassador here his Character 98. Guthry Mr. James imprison'd and beheaded 443 444. H. HAmbden refuses to pay Ship-Money 258. Is prosecuted 259. Is routed 298. Hamilton Marquess sent to quiet the Covenanters 264. Marches into England on behalf of the King and is routed 326. Is executed 342. Harman Sir John his great Danger in the Dutch Fight 459 460. Beats the French Fleet in America and reduces Surinam 468. Haslerig Sir Arthur against the Army 409. Hatton Lady refuses to part with Hatton-House 274 275. Hayton Capt. his noble Act against the French at Sea 378. Hemp and Flax 677. Henry IV. of France his Character 28 29 67. His great Design prevented by his Death 29 66 67. Henry Pr. of Wales his memorable Sayings and noble Character 65 66. Suspected to be poison'd and why 66 79. Herbert Sir Edw. sent Ambassador to France is misrepresented but boldly offers to clear himself 96. Hewet Dr. put to Death by Cromwel 403. Hide Lord Chancellor vindicated concerning the Sale of Dunkirk and the Match with Portugal 429 430. His Fall and Character 470. High Court of Justice see Rump Holland privately seeks a Peace with the Rump with their canting Letter to 'em 356 357. Agree to exclude the Pr. of Orange 382. Holmes Sir Rob. falls upon the Smirna-Fleet 478. Colonel his suffering in the West a remarkable Story 621. Hotham Sir John conven'd before the Council 267. Keeps Hull for the Parliament 279 294. but after endeavours to deliver it up to the King 299. for which he and his Son lose their Heads 300. Hubert hang'd for firing the City to prevent a Discovery 462. Hungary commended its Story 89 90. Huntley Marquess loses his Head 316. I. JAmes I. his Arbitrary Act at Newark 35. Prodigal of Proclamations 35 48. Caress'd by all especially the Dutch ib. Glories in his Birth-right c. 34 38 51. Historical Remarks thereon 38 47. His profane Swearing and Drinking 36 71 151. Hates the Puritans and is highly flatter'd by the Bishops 37. His Arbitrary Proclamation at calling his first Parliament 50. Quarrels with the Commons about deciding an Election 52. Le ts the K. of Spain raise Forces in his Dominions 54. Monopolizes the Trade to Spain and Italy 56. Is excessive prodigal to his Favourites 59 62 77. Afraid to demand what 's due from the Dutch 60 71 121. His Ways of raising Money out of Parliament 62 106. Invades the Privileges of Parliament 72. His loathsom way of kissing his Favourites 78. Much impos'd on by the Dutch 80 81. Treats of a Marriage for his Son with the Infanta 86 98 100. Commits all to Villiers 87 98. Is contemn'd by the Dutch 87. by France and Germany 97. by the Spaniards with Lampoons 109. Hates Parliaments 88. Huffs his Parliament in a Letter to the Speaker 99. His long Invective against them 100 102. Annuls the Commons Protestation and dissolves them by an Arbitrary Proclamation 104. Imprisons several Members and the Earl of Southampton 104 105. His Arbitrary Charge to the Judges 105. His fickle and perplex'd State at breaking off his Son's Match 114 115 156. Resolves to fall in with Parliaments 115 125. Pretends no favour for Papists 126 145. His Speech on behalf of Buckingham and doting on him 136 137. His weak Letter to the French King on account of his Son's Match 140 141. His Speech to the Lords of the French Council 145. His Death which seem'd suspicious 147. His Character 106 107 148 152. Could meet Popery half way 148. Charg'd his Son to call Parliaments often 156. James II. while Duke of York engages the Dutch 457 480 481. His two Sons die 468 476. Is propos'd to the Arch-Dutchess of Inspruck but married to the Princess of Modena 476 477. His Designs against England in conjunction with France 500 502. The Commons Votes against him 541 557. Is sent Commissioner into Scotland 545 568. His Actions there 570. His Designs against the Earl of Argyle 575 c. His rude Answer to him 585. Has 22000 Scots ready to assist him 604. His Declaration to the Privy-Council on his being King 609 610. which he often broke 610 613 617 620 624. Takes the Customs and Excise before given him 610 614. His unparallel'd Cruelty 613 620 623 638. His vast Revenue 615 617 618. His ridiculous Pardon 622. His Proceedings in Ireland 624 625 632 641. His Favour to the Papists 625 626 632. Gets Judges to declare for his Dispensing Power with Reflections thereon 630 632 642. Grants a Commission of Ecclesiastical Affairs 633 c. Toleration in Scotland 641. and Liberty of Conscience in England which is descanted on ib. Keeps a standing Army in time of Peace 642 643. Orders his Declaration of
Hollanders were to prepare They allowed the Procedure of the Dutch by Petition since the Power of the Council of State was all one with that of the Saints and theirs derived from him to whom all Power is given And upon that account the Dutch ought to continue their Addresses of Meseignours Tresillustâ—es Seignours to the Council of State not in the sense they are forbidden in the Gospel but that whereby our Lord Christ assumes such Titles and confers them on the Saints That the Saints therefore might tolerate them and the Dutch ought not to refuse them lest it should be a Rejection of the Kingdom of Christ which was now approaching That the Dutch ought to kiss the Son lest he be angry and should have a care how they contemn his Holy Ones lest they were chastised with the Rod of Iron See Stubbe p. 91 92. The Dutch were now more confounded and perplex'd than ever it was difficult to treat with and impossible to prevail upon these Men They were now in danger to be ruin'd as Enemies to Christ rather than England and a Coalition with England would not satisfy except they likewise annexed their Provinces unto the Fifth Monarchy In Holland the Provinces met to consult what to do the Opinion of Holland was never to enter into a Coalition with England but that a strict League defensive should be proffered that they ought to contract Foreign Amities especially with France and to equip out a Fleet with all possible Expedition Yet they had little reason to expect much Help from France being then imbroiled in Civil Wars besides they had so juggled with France and falsified their Faith since the Treaty at Munster that they had little reason to expect Help from France The other Provinces were for entring into a League with the Elector of Brandenburgh and other German Princes and giving Assistance to the Scots for at this time Major General Middleton was raising some Tumults there but their Necessities were present and these Treaties remote and dangerous they could not get any great Benefit by a Treaty with the German Princes they having except Brandenburg who had but little no Power at Sea Besides these Alliances would cost dear and the Dutch pretended they were poor and also such an Alliance would prove dangerous for the Elector of Cologne might demand the Restitution of Rhineburg Orsoy Rees and other Places which the Dutch had filch'd from that Electorate so might the Elector of Bradenburgh of Wesel and other Places wherein the Dutch kept Garisons above 40 Years besides they feared the Emperor might claim in right of the Empire and little good could be expected from assisting the Scots without being superiour at Sea and sending a Land Army which the Dutch could not spare They therefore gave Orders to their Plenipotentiaries to protract time according as they saw Disorders to encrease between Cromwel and his Supream Authority to be ample in the Generals concerning the Defence of the Reformed Religion and of the Houshold of Faith to reject the Coalition to offer to enter into a strict and intimate League but deal as tenderly as they could in point of Reparation Satisfaction or Security All these things were known to Cromwel's Council of State and they resolved to handle them accordingly and when these were communicated to Barebone's Parliament they said it was no more than was prophesied in Scripture and in course to be expected that the Gentiles should rage and the Kings of the Earth set themselves against the Kingdom of Christ but they should fall before him and be broken in pieces That they were fierce to encounter Gog and Magog and by a series of Victories inflam'd to encounter this Antichristian Host It 's tedious to set forth the manifold Tautologies recited by Stubbe and Leo ab Aitzma who could not err herein and all the Dutch Cant in securing the true Reformed Religion and of their love and desire of the Prosperity of the English Commonwealth The Council of State since the Dutch refused a Coalition and thereby became our Equals resolve to make them humble without it and therefore impose 27 Articles upon the Dutch which may be seen in Leo ab Aitzma p. 837 c. But Mr. Stubbe mentions but five viz. the third twelfth fourteenth fifteenth and seventeenth besides Satisfaction and Reparation made for several Wrongs Injuries and Depredations done and committed upon the English as well in the East-Indies as elsewhere by the People of the Vnited Provinces with Power nevertheless of the Council to add alter and enlarge the said Articles or any of them before the Conclusion of the Treaty as they shall find occasion for the same in the future Management thereof The 3d Article was That the Ships Guns and Furniture and the Goods and Merchandizes and other things which had been taken in Harbour or at Land from the Dutch by the English during the War should be accounted as part of Satisfaction and Reparation for the Charges and Damages which the English had been put to during the War And the States General should pay to the English such further Sum for Reparation as aforesaid and in such manner as shall be agreed upon by this Treaty And thereupon all Offences c. to be forgotten The 12th Article obliges them Not to permit the Prince of Orange or the Princess Mary to relieve with Counsel or Victuals any Rebels or Enemies of the Common-wealth of England c. and to seclude the Prince's Lineage from being State-holders Admiral General or Governour of any of their Towns I 'm perswaded Cromwel was the Contriver of this Article the Reason you 'll see hereafter The 14th Article That they the Dutch were not to enter or pass the British Seas but with a certain Number of Men of War to be agreed upon in this Treaty But in case the States General should have occasion to pass the said Seas with a greater Number of Ships of War that they should give Notice of their Intentions to the English and obtain their Consent before they put to Sea The 15th Article wherein Stubbe follows the English Manuscript and not Leo ab Aitzma which much differs from it As the Commonwealth of England have declared their Resolutions that they will from time to time take care to put forth upon their Seas a convenient Number of armed Ships for the Defence and Safeguard thereof and to maintain and preserve all lawful Navigation Trade and Commerce therein against Pirates and Sea-Rovers and all others that shall act or do any thing to the Disturbance thereof so for the greater freedom of Commerce and Navigation that neither Commonwealth shall give Reception to any Pirates c. The 17th Article obliges the Dutch to take a Lease for 21 Years for the Fishing and to pay an Annual Rent Here note That tho the Dutch pleaded the Grants of the Kings of England to the Dukes of Burgundy and Kings of Spain for Licence to fish upon the
Coasts of England which they could no ways pretend to after they had rent themselves from their Subjection to the Kings of Spain and their immemorial Prescription to fish in these Seas tho Thousands were then alive who were born before they became States yet they were not so impudent to plead Grotius's Mare Liberum that they had as much Right to fish in these Seas as the English Thus far Cromwel's Council and the Rump went in equal Paces and the Dutch now were in no better state than when Cromwel deposed the Rump But two Accidents which were not in the Dutch Power contributed to their Deliverance from the desperate state they were reduced to one was Oliver's Ambition the other the Frenzy of Barebone's Parliament for Cromwel however he accused the Rump of Selfishness was himself much more selfish for without any regard to the Honour or Interest of the English Nation now makes it his Business to join in a Defensive League with the Dutch against the King and Royal Family to set up himself and his Posterity Barebone's Parliament was contrary to Cromwel's Designs and he knew 't was impossible to alter them and therefore resolv'd one way or other to be rid of them and the Dutch dreaded them and therefore the Dutch Plenipotentiaries told Cromwel that in case he would depose them and assume the Government to himself they would be ready to accord with him upon more moderate Terms and enter into such a Defensive Alliance as should secure him against his foreign and domestick Enemies This was the 7th of December See Stubbe p. 110. The Frenzy of Barebone's Parliament was as intolerable to the Nation as to Cromwel so that no Man could judg of their Designs or where they would end Their Prate was to make way for Christ's Monarchy upon Earth which they were sure was at hand now they were got together therefore they pronounced Priesthood to be Popery paying of Tithes Judaism the Laws of England The Remains of the Roman Yoke Schools and Colleges Heathenish Seminaries of curious and vain Learning and Nobility and Honour contrary to the Law of Nature and Christianity Tho these had sat above five Months yet they made but four Laws one for punishing seditious Sea-men caused by their tumultuous demanding their Tun and Gun-Money taken from the Dutch and granted them by the Rump another For Marrying by Justices of Peace the third For Registring Births and not Christnings and the fourth was an Act brought in by Praise-God Barebone Against Building unless upon old Foundations within ten Miles of London tho his Son designs to build London all the Country over upon new Foundations But tho Cromwel was resolved to be rid of Barebone's Parliament yet he would not proceed in that rude and Ruffian manner as he did against the Rump but wheedled with Rouse the Speaker and some of his Creatures that it should be moved in the House That their sitting longer would not be for the Good of the Common-wealth and that it would be fit for them to resign up their Powers to the Lord-General again Whereupon the Speaker with such Members as would follow him went to White-hall and under their Hands resigned up their Power to Cromwel See Whitlock fol. 551. Dr. Bates in his Elenchus pag. 165. says Cromwel made a shew of Wonder at it denying utterly and rejecting it but at length with much ado was prevail'd upon This was Decemb. 12. The Copy of Cromwel's Countenance was quite contrary to his Actions for tho he seemingly refused to accept of the Resignation made by Rouse and his Followers yet he sent a Party of Souldiers to purge the House of those who stay'd behind whereof Major-General Harrison was one who would have taken Lenthal out of the Chair when Cromwel outed the Rump See Baker's Hist fol. 620. a. There was a Mistake in the former Impression in point of Time That Cromwel accepted of the Protectorate by Barebone's Parliament which he assum'd not till four days after viz. December 16. Before we proceed to see how Cromwel behaved himself after his resuming the Government again it 's fit to see how the Case stood between the English and French at this time as also the Dutch and French in reference to this War Tho there was no declared War between the English and French yet there often happen'd Acts of Hostility between them the French making Prize of the English Ships at Sea and the English much more of the French and upon the 7th of September 1652 the English in the Downs set upon a French Fleet laden with Provisions and Ammunition under the Convoy of so many Men of War as the French could well set out and dispersed the Fleet and took seven of their Men of War whereby the Spaniards were enabled to retake Dunkirk and Graveling taken from them by the French in the Year 1646. The next Year viz. in October 1653 Captain Hayton in the Saphire came up to eight French Men of War and shot twice at their Admiral who returned him a Broad-side and Hayton endeavoured to have boarded her but she got away Hayton with his single Ship engaged the rest and took the French Vice-Admiral and Rear-Admiral and another of their Men of War and many rich Prizes with the Loss but of four Men and some wounded See Whitlock's Memoirs fol. 547. b. So inconsiderable were the French at Sea in those Days However the Dutch held constant Intelligence with the French in all their Negotiations with the English during this War as you may see in Whitlock's Memoirs fol. 568. as appears by Monsieur Chanute's Speech to the States wherein in this low state of the Dutch he gives them the Title of High Puissances and when the Dutch were in their distressed state in the time both of the Rump and Barebone's Parliament the French fearing the Dutch's Ruin or such a Peace as the English should impose upon them proffer'd to be at half Charges with the Dutch in case they would continue their War with England otherwise the French were not able to contribute but little to help them at Sea Now let 's see if Oliver's Government was as arrogant impolitick selfish and dangerous to the Safety of the Nation as his first assuming it was rude and barbarous After the Supream Power of the Nation had been thus tumbled from Post to Pillar from Cromwel to Barebone ' s Parliament and from them to Cromwel again upon the 16th of December Cromwel and his Officers after several Days seeking of God tho it was resolved on before resolved That a Council of Godly Able and Discreet Persons should be named consisting of 21 and that the Lord-General should be chosen Lord Protector for King good Man he would not be but leâ—t he should go too far astray tied himself up to an Instrument of Government which he swore to in these Words I have accepted thereof and do declare my Acceptance thereof accordingly and do promise in the
be kept with Hereticks which he esteemed all others in England but those of his own Romish Faction to be Could the King believe that the Duke's Succession could be any Security to the Protestant Religion as the King calls it which the Duke esteemed Heresy and to be rooted out by Fire and Sword or that any other but the Duke's Faction could be protected by him when he esteemed them Hereticks Schismaticks Church-Robbers and no Christians It 's true at this time the King of Portugal was made a Prisoner to restrain him from his immoral and wicked Actions whilst his Brother in his Imprisonment acted as Regent of Portugal in his Brother's Name But upon the Duke's Succession how could a Regent act when the King was not a Minor but of full Age double and at large in the King's Name and contrary to his Will and Pleasure and this to consist with the Security of the Protestant Religion or Laws In the Debates in the House of Commons many Expedients were propounded how the established Government in Church and State could be preserved and none could be found in case the Duke succeeded so the Country Party moved that the Court Party would propound Expedients herein but either they could not or had no Instructions from the Court to warrant such Expedients as they should propound But if the due and legal Descent of the Crown must be preserved though to the Destruction of the Church and State they who advised the King to be so positive herein should have done well to have declared what Law in England declares the Descent of the Crown of England or how this becomes due I am sure the Act of the first of Henry the IV intailed the Crown upon the King and the Heirs of his Body and so did that of the first of Henry VII before he married the Lady Elizabeth Edward the Fourth's Daughter and if Henry the seventh's Title to the Crown had been good by inherent Birth-right yet he had been an Usurper For his Mother under whom he claimed lived all his Reign and so she did some time after Henry the VIII became King as you may read in Stow's History p. 487. And how was the due and Legal Succession of the Crown of England observed in the Reign of Henry the VIII when by his Will he might name what Successor he pleased as has been said or in Queen Elizabeth's Reign when it was in Parliament declared Treason to affirm the Parliament might not dispose of the Succession of the Crown in her Reign and a Premunire at this Day And let any Man shew that ever there were three Kings before these of the Scotish Race in the Saxon Danish or Norman Race which succeeded successively by inherent Birth-right I will submit that all I have said is not true and why then must such a Stress be put for the preserving the Descent of the Crown in its due and legal Course without declaring what is that due and legal Course to endanger the Subversion of the Church and State of England Then the King recommends to the Parliament a Strict Enquiry into the Popish Plot and that the Lords in the Tower be brought to a speedy Trial without which he did not think himself or the Parliament safe The constant Vogue was That the King dissolved the two last Parliaments to preserve the Lords in the Tower from being brought to Trial and I am sure that you will soon hear that the King did not believe his and the Nation 's Safety did consist in the Trial of the Lords in the Tower Then the King tells the Parliament what Danger Tangier was in and what vast Expence he must be at to keep it And the Commons last Parliament drew up an Act to settle it upon the Imperial Crown of England and that they who did advise the King to part with Tangier to any Foreign Prince or State or were instrumental therein ought to be accounted Enemies to the King and Kingdom And what Care the King took to keep it will soon appear tho 't was said the Parliament I think it was out of the Chimney-Bill gave him 40000 l. per Annum towards the Preservation of it to the Crown of England The King goes on and says That above all the Treasure in the World which he was sure would give him greater Strength both at home and abroad than any Treasure can do is a perfect Union among our selves yet says not wherein we should unite Truth and Unity are one and consist in intire Parts but Falshood and Discord are infinite What Truth or Unity could be in the King 's loose and irregular Actions so confounding and every day varying from what he had promised before Or how is it possible for the Nation to unite under Terms which are inconsistible and impossible viz. Unite to preserve the Constitutions of the Kingdom and yet be at no Discord with the King who they were morally certain would make it his Business to subvert them If we should be so unhappy the King says as to fall into such Misunderstanding among our selves as would render our Friendship unsafe to trust to it will not be wondred at if our Allies shall begin to take up new Resolutions and perhaps such as may be fatal to us and advised them not to gratify our Enemies and dishearten our Friends by any unreasonable Disputes viz. to take all by an implicit Faith I do not understand what the King means by Misunderstanding among our selves which may render our Friendship to our or his Allies unsafe nor does he say wherein such Misunderstanding consists I 'm sure the Parliament misunderstood him when they gave him 1200000 l. to enter into an actual War against the French King in the Defence of these Allies and when he had got the Money to make a separate Peace with a Faction of the Dutch to the Ruine of his Allies and take French Money for it and to get the Parliament twice over to disband this Army for fear he should turn it against them and the Nation and now 't was disbanded to give Money to raise another upon Pretence of assisting these Allies now they were forced to such a dishonourable Peace with the French or that our Allies as the King calls them would ever trust to any more of his Alliances If any should so happen the King says the World will see it is no Fault of his for he had done all that was possible for him to do to keep us in Peace while he lived and to leave us so when he died Can any Man believe the King believed himself herein Or that any Man will be his Voucher for it Even my Lord C. F. out of the Field of his sweet lisping Eloquence could not gather one Rhetorical Flower to make a Flourish upon this Speech nor assure the Parliament upon his Veracity that Now Now was the time to secure their Religion and Properties nay the Commons gave so little Credit to this