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A29573 An apologie of John, Earl of Bristol consisting of two tracts : in the first, he setteth down those motives and tyes of religion, oaths, laws, loyalty, and gratitude, which obliged him to adhere unto the King in the late unhappy wars in England : in the second, he vindicateth his honour and innocency from having in any kind deserved that injurious and merciless censure, of being excepted from pardon or mercy, either in life or fortunes. Bristol, John Digby, Earl of, 1580-1654. 1657 (1657) Wing B4789; ESTC R9292 74,883 107

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break in amongst us we shall remain the Scorn or the Pitty of them I am far from thinking that any of your Lordships are less inclined to an Accommodation than my self but some body must be the mover And those miserable spectacles which mine eyes have of late years beheld in the Palatinate and in Germany make me zealous and importunate that they be prevented here if such be Gods holy will if not yet I shall have this particular Comfort what fortune soever shall befall me That as I am assured that I have had no hand in any those things which have caused the unhappy differences betwixt the King and his People so I shall appeal unto your Lordships if I have not been subservient unto your Lordships in all things that might have removed these misunderstandings and to have imployed my Indeavours and solicitation even unto Importunity for the setting on foot some way of Accomdation wherby only our unspeakable Calamities and very near at hand can be diverted from us Nineteen Propositions sent unto his Majesty the 2 of Iune 1642. 1. THat the Lords and others of your Majesties privy Counsell and such great Officers and Ministers of State either at home or beyond the Seas may be put from your Privy Counsel and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the Persons put into the Places and Imployment of those that are removed may be approved of by both Houses of Parliament And that Privy Counsellours shall take an Oath for the due execution of their Places in such form as shall be agreed upon by both Houses of Parliament 2. That the great Affairs of the Kingdom may not be concluded or transacted by the Advice of Private Men or by any unknown or unsworn Counsellors but that such matters as concern the Publique and are proper for the high Court of Parliament which is your Majesties great and supreme Counsel may be debated resolved and transacted only in Parliament and not elsewhere And such as shall presume to do any thing to the contrary shall be reserved to the Censure and judgment of Parliament And such other matters of State as are proper for your Majesties privy Counsel shal be debated and concluded by such of the Nobility and others as shall from time to time be chosen for that Place by Approbation of both Houses of Parliament And that no publick Act concerning the Affairs of the Kingdom which are proper for your Privy Counsell may be esteemed of any Validity as proceeding from the Royal Authority unl●ss it be do●e by the advice and consent of the Major part of your Counsell attested under their hands And that your Counsell may be limitted to a certain Number not exceeding twenty five nor under fifteen And if any Counsellors place happen to be void in the Interval of Parliament It shall not be supplyed without the Assent of the Major part of the Counsell which choice shall be confirmed at the next sitting of Parliament or else to be void 3. That the Lord High Steward of England Lo. High Constable Lo. Chancellor or Lo. Keeper of the Great Seal Lo. privy Seal Earl Marshal Lo. Admiral Warden of the Cinque Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State two chief Iustices and chief Barons may alwaies be chosen with the Approbation of both Houses of Parliament and in the Intervals of Parliaments by Assent of the major part of the C●unsel in such manner as is before exprest in the choise of Counsellors 4. That he or they unto whom the Government and Education of the Kings Children shall be committed shall be approved of by both Houses of Parliament and in the Intervals of Parliament by the Assent of the Major part of the Counsell in such manner as is before exprest in the choise of Counsellors And that all such servants as are now about them against whom both Houses shall have any just exceptions shall be removed 5. That no Mariage shall be concluded or treated for any of the Kings Children with any forein Prince or other Person whatsoever abroad or at home without the Consent of Parliament under the penalty of a praemunire unto such as shall conclude or treat any Mariage as aforesaid and that the said penalty shall not be pardoned or dispensed with but by the Consent of both Houses of Parliament 6. That the Laws in force against Iesuits Priests and Popish Recusants be strictly put in Ececution without any toleration or dispensation to the contrary And that some more effectual Course may be enacted by authority of Parliament to disable them from making any Disturbance in the State or eluding the Law by Trusts or otherwise 7. That the Votes of Popish Lords in the House of Peers may be taken away so long as they continue Papists And that your Majesty will consent to such a Bill as shall be drawn for the Education of the Children of Papists by Protestants in Protestant Religi●n 8. That your Majesty will be pleased to consent that such a Reformation be made of the Church Government and Liturgy as both Houses of Parliament shall advise wherein they intend to have consultation with Divines as is expressed in their Declaration to that purpose And that your Majesty will contribute your best assistance to them for the raising of a sufficient maintenance for preaching Ministers thorought the Kingdome and that your Majesty will be pleased or give your Consent to Laws for the taking away of Innovations and Superstition and of Pluralities and against scandalous Ministers 9. That your Majesty will be pleased to rest satisfied with that Course that the Lords and Commons have appointed for ordering of the Militia untill the same shall be further setled by a Bill And that your Majesty will recall your Declarations and Proclamations against the Ordinance made by the Lords and Commons concerning it 10. That such Members of either House of Parliament as have during this present Parliament been put out of any Place and Office or otherwise have satisfaction for the same upon the Petition of that House whereof he or they are Members 11. That all privy Counsellors and Iudges may take an Oath the form whereof to be agreed on and setled by act of Parliament for the maintaining of the Petition of Right of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament and that an Inquiry of all the breaches and violations of those Laws may be given in charge by the Iustices of the Kings Bench every Term and by Iudges of Assise in their Circuits and Justices of the Peace at the Sessions to be presented and punished according to Law 12. That all the Iudges and all the Officers Places by Approbation of both Houses of Parliament may hold their Places Quamdiu bené se gesserint 13. That the Iustice of Parliament may pass upon all Delinquents
by some of the Kings Ministers in the House of Commons That if the King were not supplyed by Parliament he must and would betake himself to new Counsells The plain English whereof was understood to be That the King would find out some other Course for his supplies without making use of his People in Parliament And this Opinion that Parliaments would for some time be laid aside gave Boldness and Incouragements to all Promoters and Projectors to set on foot many Monopolies and Projects which were still countenanced by the colour and pretence of Law And amongst the rest and indeed striking at the Root of the Subjects Propriety was that of the Ship-mony brought forth * And the Attorney Noy hath the name to have been the Father of it He was in his time held to have been a great Oracle of the Law and had been in former Parliaments a great Patriot and Propugner of the Subjects Liberty and his Opinion was of high Authority in point of Law with the King and with all Men He assured the King that there might be means found out of the Kings own especially in times of Necessity for him to supply himself justly and according to the Law And so propoundeth this Project of the Ship-mony The King relyed not upon the single Opinion of his Attorny But as a good Prince ought to do He took the further Advice of the Judges who are his proper Counsel in matters of the Law and with whom he ought to Consult And they are sworn to Counsell him faithfully The Major part of them which involveth the rest approved this Project as legal But the King would not content himself with their Verbal Advice But required the then Lord Chief Justice and the Judges to set down the Case and their Opinions of it under their hands which they did accordingly So that it being to be presupposed that the King mote than in the points of administring Justice cannot have a distinct knowledge either of the Extent of his own Prerogative or the abstruse Cases of the Law In a point so much concerning him as the relieving of him in his great wants by ways avowed to him to be just and legal what more upright or prudent Course could a Prince take than to be advised not by young Men or Favorites at Court but by his learned Counsell and his grave Judges sworn to advise him faithfully according to their best skill who if they have behaved themselves wickedly or corruptly upon their heads let Judgement light But let the King and his Throne be free But many Men conceiving and not without Reason That this private and extra judicial Opinion of the Judges was not to be a binding Rule did not acquiesce therin but did refuse the Payment of the Ship-mony and did indeavour to defend this their refusal by a due and legal way of Process and particularly Mr. John Hamden And the Business was brought to an Issue and to a publique Tryal in the Exchequer-Chamber which is the highest and supremest Judicature under the Parliament which the Kingdom of England knoweth in point of Law for it is a Court composed of all the Judges of the several Tribunals for the ending of such difficult and dubious Cases as have not been formerly over-ruled or wherein there is found a difference in Opinion amongst the Iudges themselves And herein the Counsell on both sides whether the Case be betwixt Party and Party or the King and Subject do not only plead but argue the Case in Law and the Iudges do commonly before they give Sentence argue themselves the Case in point of the learning of the Law All which solemnities passed in this Case without any interruption by the King And after divers daies hearing and arguing Iudgment passed for the King by Plurality of Votes for the fewer Votes are involved in the Iudgment of the Major part as there is a Necessity they should be in all Counsells and Iudicatures otherwise Controversies could not be ended unless there were an unanimous Agreement in all that had Votes which seldom happeneth But in this Case three parts of fower Agreed in the Iudgment for the King So that if the Iudges have erred now in Iudicature being sworn to do equal Justice betwixt the King and the Subject as they did before in their Advice unto the King being sworn to Counsell him faithfully the greater is their fault and Offence But I must confess I am not able to set out the Kings Transgression This Case yet passed further For it being brought into the Parliament by way of Grievance the Iudgement was not only reversed all Records burnt and all Courses given way unto by the King which the Houses themselves could think on That no such Excesse might be attempted again in future times But the Lord Keeper and the Iudges were without any Interposition of the King left unto the Justice of the Parliament And the Lord Keeper and divers of them were by the House of Commons impeached of high Treason So the King having no hand in the setting it on foot nor in the erroneous Iudgement nor having protected the Parties culpable from Punishment But the Grievance being redressed and sufficient Caution and Provision assented unto by the King for the preventing of the like for the future I could not deduce from hence any Argument of the Kings intention to subvert the Law or of any justifiable ground of taking arms against him And what is said in this Case of the Ship-mony doth likewise hold in the Cases of Monopolies which are alwaies suggested to be for the good of the Subject as well as legal and beneficial to the King who never granteth any of them without Reference In point of Conveniency or Dis●dvantage to the Subject they are usually referred to some of his privy-Counsell In point of Law to some of his learned Counsell In point of his Benefit to some Officers of his Revenew Who if they have erred or were corrupted and the King by their ill Advice drawn to pass any unfit or illegal thing I have known the Parliament for the space of these forty years address themselves by Petition unto the King for Redress but unto the Referrees for the Fault and the Causers of the Grievances And if they could get the said Grievances redressed and the Referrees brought to punishment they alwaies esteemed it so gracious a Proceeding from the King towards them that usually it was acknowledged with the return of some Gift or Supply But that any Argument should be deduced from thence of any Intention in the King to subvert the Laws I never knew it Neither have I known that the King hath ever proceeded in matters of this kind but in the manner here set down And in this Parliament all Projects and Monopolies were put down and all men that either had a Hand or Interest in them unless it were such as the House of Commons thought fit for Causes known unto themselves to