who have rent themselves from the Nation and are more Enemies to it than any other But over and above these unhappy Accidents which so highly contributed to the weakning of the Spanish Monarchy we may add another that proved no less fatal and destructive and that was Queen Elizabeth's destroying their invincible Armada in the Year 1588. and her sacking and Burning of Cales in 1595. wherein was destroyed such an incredible Mass of Wealth that the Spaniards never after were formidable either by Sea or Land and this was so much the more by how much Philip the 3d proved to be a weak effeminate Prince wholly governed by Favourites Having taken a View of England and Spain and compared the State of them we 'll see how they stand in reference to France which lies between them and so becomes a neighbouring Nation to them both France tho it be not threefold greater than England yet it is manifoldly more peopled in that Proportion and more abounding with great rich and populous Towns and tho it be not an Island yet it has the British Sea on the North the Atlantick Ocean on the West and the Mediterranean Sea on the South so that in its Situation it 's better placed for Trade than if it had been an Island having Spain the Spanish Netherlands Lorain Germany Savoy and Italy to trade to by Land Henry the 4th of France after he had subdued the Popish League and made a Peace with the Spaniard at Vervins in 1597 secured the Murmurs of the Reformed by the famous Edict of Nants and being a Prince not less prudent in Counsel than victorious in War as well to divert the French from their mutinous and quarrelling Humour as to increase the Riches of France gave all imaginable Incouragement to the Inhabitants in Manufactures the Principles whereof abound more in France than any other Country except England yet added to them the breeding Silk-worms and by the lively Ingenuity of the French improved Silk-Manufactures above any other Country Here take notice of the Benefit which arises to any Nation by the Imployment of People in Manufactures above other Countries where the Inhabitants are not employed For suppose a Million of People in France were thus employed and those yearly earned 20 l. per Ann. the Employment of these People are twenty Millions Benefit yearly to France and this Money generally distributed among the Workmen and whatever of these Manufactures are vended in foreign Trade these will be so much an enriching to it whereas if these had not been employed they would have been at least five Millions a Year burden to it and France would have been in so much a worse State to have supported them whereas if the People be not employed as in Spain the Distribution of the Treasure out of the Indies is not only unequally distributed but the Charge of maintaining the Religious and idle Persons most miserable and intolerable Let 's now see the State of England by the 5th Act of Eliz. c. 4. excluding the English Natives not Free-men from working in Market-Towns and Corporations we 'll take a very modest Estimate herein and suppose but 10000 yearly scarce one in a Parish be excluded so that hereby the Nation loses their Imployment this at 20 l. per Ann. will be 200000 pounds a Year loss to the Nation besides the Charge of maintaining them if they do not fly out of the Kingdom for want of Subsistence in it and I pray what does the wholesale and Retail Trades of Shop-keepers in them contribute to the Support of this or of what Benefit are they otherwise to the Nation Henry the 4th having thus imployed the Natives of France and having few Plantations to exhaust it tho France drove no foreign Trade by Sea yet by permitting the English Dutch Swedes Danes and Hamburghers to trade into France by Sea and the Germans by Land it 's scarce credible after the long Civil Wars in France in the Space of but 13 Years for it was no longer between the Peace at Vervins in 1597 and his Death what incredible Treasure he amassed if so great an Author as Messeray did not affirm it whereupon he nourished a Design of new modelling all the Western Parts of Christendom except Britain and Ireland which he knew would not hinder him in it and Messeray did not doubt but he had means enough to have accomplish'd it if he had lived but when his Foot was in the Stirrup to have accomplished this Ravillac put a full Stop to his Career Yet France had in it no Mines of Gold or Silver no more than England hath and the Treasure which England acquires is by the Vent of our Woollen Manufactures and our Lead and Tin and so much more as the Natives are less employed in these and these are less in foreign Trade by restraining the Vent to English Men and more to English Companies so much less Treasure will the Nation acquire and the Natives be less employed As France thus abounds in People more than either England or Spain whereby they acquire such vast Wealth above them by permitting Foreigners to trade with them so are the French Nobility which include the Gentry of a warlike and aspiring Temper and if this had not usually excited them into intestine Broils and Tumults as Secretary Trevor observes all their Neighbour Nations could not have set bounds to their ambitious Humour But the Prosperity of France no ways daunted Queen Elizabeth so that Henry the 4th designing to build some great Men of War at Brest she forbid the King 's making any further Progress in it or she would fire all the Ships in his Harbours whereupon this great Hero desisted nor would she permit the Dutch to build any great Ships but she would have an account of them and so having the Brill Ramakins and Flushing the Keys of the Rivers of the Maes and Scheld in her Hands she died with an uncontrouled Dominion of the Seas and Arbitress of Christendom and in this State King James took Possession of the Crown of England with all its Dependences to which he added that of Scotland whose Reign is now ripe to be exposed A DETECTION OF THE Court and State of England During the Reign of King JAMES I. c. BOOK I. CHAP. I. A Better View may appear of this Reign if we look back to the Beginning of the Reign of Queen Elizabeth and compare it with that of this King's Reign when he came to join the Crowns of England and Ireland to that of Scotland and thereby became the greatest Monarch that governed England since King John except it was in the Reign of Henry the Fifth and some time of the Reign of Henry the Sixth when Normandy and so great a part of France was subdued to the Dominion of the Crown of England This Kingdom was never in so low an Ebb of Reputation and so dangerous a State both at home and abroad as when Queen Elizabeth came to the Crown her Father Brother and Sister in debt and the Navy Royal neglected and out of Repair yet the Revenues of the Crown besides the Court of Wards and the Dutchy of Lancaster I
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
A DETECTION OF THE Court and State OF ENGLAND DURING The Four Last REIGNS And the INTER-REGNUM Consisting of Private Memoirs c. With Observations and Reflections AND AN APPENDIX discovering the present State of the Nation Wherein are many SECRETS never before made publick As also a more impartial Account of the CIVIL WARS in England than has yet been given In Two Volumes By ROGER COKE Esquire The Third Edition very much corrected With an Alphabetical Table London Printed for Andr. Bell at the Cross-keys and Bible in Cornhill MDCXCVII AN APOLOGY TO THE READER THAT Man has lived long enough who has out-lived the Love and Piety he owes to his Native Country by my Native Country I do not mean the fertile and pleasant Soil of Britain nor the sweet and temperate Climate of it nor the manifold Varieties which it naturally abounds with for the use and conveniencies of humane Life nor yet the pleasant and excelling Rivers which water it nor the noble Havens and abundance of most open Ports from which it supplies other Parts of this our habitable Globe with the super-abundance of those Commodities wherein it excels and whereof the Inhabitants of those Parts stand in need and where the Waters flow as well as ebb as if they invited the World to trade with us as well as we with them But by my Native Country I mean the Constitutions and Laws of the English Monarchy which have continued for near Nine hundred Years viz. since King Egbert made a Decree that laying aside the Names of Britains and Saxons the whole Nation of that part of Britain under his Dominion should be called England Vnder these Constitutions and Laws have all English Men ever since without any Act of their own Will been born in Subjection and by them have been protected in their Lives Liberties and Estates and to govern by these Constitutions and Laws have been the Claims of our Hereditary Monarchs who have ever since governed England and though the Succession of the Kings of England have been often changed in the Saxon Danish and Norman Race of Kings yet these Laws and Constitutions have been ever since preserved notwithstanding the Attempts of many of the Kings of the Norman and I may say of the Scotish Race too to have subverted them which I believe is more than can be said of any other Monarchy in the World out of Britain So that in our English Government the Constitution and Laws of it are as well the Rules of the King's Dominion as of the Subject's Allegiance to the King and when the Majesty of the King is arrayed in Judgment Justice and Mercy then for his Subjects to resist him is High Treason in this World and Damnation in that to come and I think I may truly say no People in the World are more Honourers of their Kings yet more jealous of preserving their Constitutions and Laws than the English whereby they have preserved their Government now France and Spain whose Government was like ours have lost theirs But when the Kings of England will not make the Laws and Constitutions of England to be their Will but their Will differing from these to be the Laws and Constitutions of it then a divided Dominion will necessarily follow and it will be impossible for the Subject to obey both The King hereby puts himself out of God's Protection whose Vice-Gerent he is in governing by the Laws and misplaces his Majesty which is founded in the Honour Love and Obedience of his Subjects upon Minions and Favorites whose Servant he makes himself and these shall be the first who shall forsake him when any Adversity shall come upon him Our Chronicles give Instances hereof in the Reigns of King John Hen. 3. Edw. 2. and Rich. 2. And the design of this Treatise is to shew the Consequences that have been produced hereby in the Reigns of the Kings of the Scotish Race In this regular Monarchy the Kings of England do not abrogate old Laws or impose new or raise Monies from the Subject above the Revenues of the Crown without Consent in Parliament and hereby the Kings of England reign in the Love and Obedience of their Subjects and are freed from the Imputation of Tyranny in Sanguinary Laws and from Oppression in the Taxes granted in Parliament which no absolute Monarch is and are more absolutely obeyed in both than any absolute Monarch who makes his Will the Law of his Subjects The Division of the Will of a King of England does not only distract the Allegiance of his Subjects so that the divided Will of the King must necessarily prevail over the Laws and Constitutions of it or these prevail against the divided Will for both are incompatible and cannot subsist together But this Distraction gives Life and Motion to the ambitious Humour of Male-contents who are impatient as well of Regal Government as of submitting to the Laws and Constitutions of it And I submit my self to the Judgment of any Impartial Reader if this Divided Will in the Prince did not give that Life and Motion to the Ambition of the Factions in England Scotland and Ireland which not only raised Civil Wars in all of them but brought destruction upon K. Charles the First as well as the Laws and Constitutions of them However I will take Notice of the Loyalty of the English Nation both to K. James the first and K. Charles the first that tho these Kings were foreign born to our Laws and Constitutions yet it patiently submitted to their Vsurpations for above 35 Years whereas when King Charles the first thought he had wholly subdued this Kingdom to his Will and endeavoured to have done the same in Scotland his Native Country the Scots would not endure it so many Weeks as the English had done Years but rose against it first in Tumults after in open Arms and the discontented Parties in England joining with them however disjoined from one another brought on those Civil Wars in all the Kingdoms of England Scotland and Ireland which procur'd Destruction to the King as well as the Kingdoms In writing this History I cannot say with the noble Baptista Nani I have any Command from my Prince or any other to do it neither will I pretend to such great Advantages as he had gratis by a free access to the Records and most secret Counsels of my Country tho I must not say I have been wholly destitute of some for else such an Vndertaking would render me guilty of the highest Arrogance but what those have been I judg not pertinent here to relate they will best appear by the Work it self Yet I can say with Nani that I have not suffered my self to be defiled with Partiality which hath so prevailed in all the Writers of the late and present Times that I have seen but passing by the Privilege of venerable Antiquity which to a face of Truth hath another close adjoining that of Falshood I have chosen to expose my self
Contentions not only in civil but religious Affairs Having given an Account of the Reasons of the Ruine of the Roman Western Empire and how like our Case is to that of the Empire in its Declension It 's time to take a view of the State of the Goths and Vandals after they had planted themselves in Spain and herein I observe that though the Romans as well as Grecians esteem all other Nations barbarous but themselves yet the Government of them was equal if not better than either for it was a Regular Monarchy wherein the King did not govern by an absolute despotick Power but by established Laws nor could they make new nor alter the old or raise Money without the Consent of the States of their Kingdoms and this continued for many Hundred Years after how many of the Kingdoms in Spain lost these Privileges is too long to be inserted here yet at this Day the Kingdom of Arragon retains them So that the King of Spain never speaks to them as King of Castile In the Reign of Honorius and Arcadius Ann. 408. about five Years before Gundericus entred Spain Attila King of the Huns over-run the Empire and pierced into Gaul with a huge Army against whom Honorius sent Ecius the greatest General of his time with an Imperial Army which was raised in all parts of the Empire so as Ecius was forced to withdraw the Roman Legions in Britain to oppose Attila nor did they ever return more so that the poor Britains being enured to no warlike Discipline but only to serve their imperious Masters easily became a Prey to the Picts and Scots and so were in a more servile State than when they were under the Romans To redeem themselves from which they called the English Saxons to their Assistance who used them worst of all and expelled the whole Race of them out of that part of Britain now called England But this is observable That as in these Times the rest of the Roman Empire was over-spread with Arianism so was that part of Britain subject to the Roman Empire over-spread with Pelagianism and here observe the Justice of God upon them that these Men who ascribed to themselves a Power of Salvation without God's special Grace and Favour to them should not be able to save themselves from their Enemies but be either slaughtered by them or expelled their Native Country upon the Earth The Saxons which conquered the Britains were Heathen yet was their Government as well as that of the Goths a Regular Monarchy and so continued in all the Dynasties of their Kings and yet is continued notwithstanding the several Attempts of many of the Kings of the Norman and the Scotish Race to the contrary About ten Years after Ecius recalled the Roman Legions out of Britain viz. in 418. Pharamond entred Gaul and conquered some part of it which he called France after the Name of the Franks and Pharamond was Heathen and so was Meroveus his Successor and Childerick his Son and so continued till about the Year 490 when Clovis was converted to Christianity of whom Messeray glories that he was the only King in the World which was not Infidel or Heretick However the Government of the Franks as well as the Goths and Saxons was a Regular Monarchy till the Reign of Charles the 7th about the Year 1430. which was above a thousand Years after the Franks planted themselves in Gaul If we look back into the Reign of Henry the 2d of England we shall find him it may be the greatest of all the Western Kings and Lord if not of the greatest yet best part of France as he was Duke of Normandy and Aquitain in Right of his Wife Eleanor Aquitain having the Ocean on the West and Normandy the British Sea on the North. But this Dominion did not last long for King Henry's Son and John's Son Henry the 3d endeavouring to usurp a more than Legal Authority over their Subjects caused such a Ferment and Discord in the Kingdom and this lasted near 70 Years that the Kings of France in the mean time took all Normandy and the greatest part of Aquitain from the English When King James became King of England Henry the 4th was French King having composed by Force and Clemency the Civil Wars which had raged near 40 Years all over France and in the Year 1597 made Peace with Spain which was about 5 Years before King James became King of England and here let 's take a view of Spain Though Spain were 1 3 greater than France when King James came to the Crown of England yet France was I believe fivefold better peopled and generally a more fruitful Country How this came to pass it's fit to look back upon the Cause of the Sterility of Men in Spain and their abounding in France Ferdinand and Isabella King and Queen of Castile and Arragon about the Year 1490 having conquered the Kingdoms of Granada and Murcia and against their Faith given to the Moors brought in the Inquisition upon them the greatest part of the Moors forsook their Country and thereby left the Kingdoms of Granada and Murcia so much less peopled and Ferdinand and Isabella being addicted to the Roman Religion established manifold Bishopricks and Religious Houses in these Kingdoms of both Sexes and the Pope though he pleases to make Marriage a Sacrament yet forbids it to the Clergy and other of both Sexes who take upon them a Religious Life whereby as the Moors leaving Spain unpeopled it at present so future Generations became so much less replenished by how much more People took upon them a Religious Habit. But this Mischief did not stop here for Philip the 2d great Grand-Son of Ferdinand and Isabella and a most bigotted Prince to the Romish Superstition brought the Inquisition upon the Converted Moors which drove them out of Spain to the farther unpeopling of it and my Lord Bacon says that many of these poor converted Moors became as persecuted in their Exile for their Religion as if they had continued in Spain And this Mischief further followed not only to Spain but to Christendom for the exiled Moors having no other Habitation and Means of Living set up their Trade of Piracy in Algiers Tunis and Tripoli within the Straits and in Sally without whereby they have been a Plague to all other Christians as well as Spaniards who trade into the Straits and Affrick and other Southern Countries ever since About the time that Ferdinand and Isabel conquered Spain Columbus discovered the West-Indies and Hornando Cortez siding with one part of the Indians which were at War against the other and thereby becoming Conqueror of those he fought against he got incredible Wealth with a Discovery of the Rich Mines in Mexico The Blaze of this quickly flew all over Spain so that the Spaniards expected Mountains of Gold in running out of Spain into America and therefore near half Spain ran into America to seek new Adventures there the covetous
the Royal Line of the Plantagenets were left to be Competitors with him yet his Succession could not be Hereditary for his Grand-mother under whom his Father claim'd out-lived her Son and so Henry the Eighth could not claim from her Yet this is observable That as his Father Henry the Seventh entailed the Succession of the Crown of England upon the Heirs of his Body so by Act of Parliament 28 Hen. 8. Henry the Eighth might dispose of the Succession of the Crown by his Will for want of Issue of his Body so little was the inheritable Succession of the Crown of England regarded by these Kings of the British Race It seems the Council in Edward the Sixth's Reign had as little an Opinion of the Hereditary Succession of the Crown as the Parliament had in the Reign of Henry the Eighth for by the Advice of Edward's Council he by his Will disposed of the Succession to his Cousen the Lady Jane Gray Grand-daughter to Edward's Aunt Mary Queen of France contrary to the Will of his Father Henry the Eighth which ordained his Daughter Mary to succeed Edward in case he died without Issue I say that by the Law of Inheritance in England Queen Mary could not inherit the Crown from Edward she being but of half-Blood to him and by the same Reason Queen Elizabeth could not inherit to Queen Mary but Mary the Daughter of James the fifth of Scotland being of the whole Blood to Edward and descended from the elder Daughter of Henry the Seventh could For the Opinion of the Judges after King James came in that the Succession of the Crown of England differs from that of the Inheritance of Subjects in regard of an Alien born and those of half Blood may inherit the Crown it 's Gratis dictum and said to please the King for there never was any such usage in England nor any such Act of Parliament to warrant their Opinion But admit the Crown of England were inheritable from Henry the Seventh and Half-Blood no Bar to the Succession yet Mary and Elizabeth could not both succeed for one of them was Illegitimate Elizabeth being born in the Life of Katherine Queen Mary's Mother If the Parliament in the Reign of Henry the 8th had little or no Opinion of the Inheritable Succession of the Crown of England and therefore impowered the King to dispose of it by Will The Parliament in the Reign of Queen Elizabeth had less and therefore often petitioned her and that with Importunity to declare her Successor without Consent in Parliament and declared it 13 Eliz. Cap. 1. to be High Treason to affirm that the Crown of England might not be disposed of by Act of Parliament in her Life and a Premunire after her Death Here I make these Remarks upon the Race of the Plantagenets and the Succession of the British Line that as the Plantagenets inherited the Name from Jeffery Duke of Anjou who was never King of England so Henry the 7th if he had any Title derived it from John of Gaunt by an Illegitimate Succession who never was King of England From England we step into Scotland and see how the Hereditary Succession was observed there after the Reign of Alexander the 3d in whom the direct Line of the Race of their Kings failed which was so near as I can compute about the Year 1278 and leave the Succession of their 93 Kings before to the Scrutiny of the Scotish Antiquaries and Heraulds The Scots if they be not clearer in the Genealogy of their 93 Kings before Alexander the 3d than my Author is of retrieving it after the Death of Margaret Daughter of Alexander the 3d do make but a blind Genealogy of their 93 Kings before however we 'll take it as we find it David Brother of William King of Scotland but whether William was Father Brother or Uncle to Alexander the 2d my Author says not and Earl of Huntingdon had Issue by Maud Daughter to the Earl of Chester three Daughters Margaret married to Allen of Galloway the second not named was married to Robert Bruce the third to Henry Hastings Earl of Huntingdon Allen of Galloway had a Grand-daughter named Dornagil married to John Baliol. Bruce was Great Grand-child to the second Daughter of David Earl of Huntingdon but being a Male pretended he was to be King before Dornagil a Female though a Degree nearer and descended from the elder Sister Henry Earl of Huntingdon made no claim So the Right between Baliol and Bruce was referred to the Determination of Edward the first King of England who adjudged the Right to be in Baliol and soon after Baliol by Dornagil had a Son named Edward so that Bruce's Pretension of Title as being Son vanished by the Birth of Edward Baliol being descended from the eldest Sister But The Scots or a prevailing Party not liking Baliol's Reign in the Year 1306 crowned Robert Bruce King In the Year 1310 Bruce by Acts of Parliament had the Crown of Scotland entailed upon him and his Heir-male and for want of Issue to his Brother Edward This Robert had Issue a Son named David and a Daughter married to Robert Stuart and by Act of Parliament settled the Crown upon his Son David and for want of Issue by him to Robert Stuart his Grand-child by his Daughter So here is the Succession of the Crown of Scotland twice differently settled by Parliament to the disinheriting of Edward Baliol. But in the Year 1332 Edward Baliol the right Heir was received and crowned King of Scotland After that David Bruce recovered the Kingdom of Scotland and afterwards was taken Prisoner by the Queen of England in the Absence of her Husband Edward the 3d in France and being released he died Ann. 1370. Robert Stuart Grand-son of Robert Bruce by his Daughter succeeded David who married Euphemia Daughter of the Earl of Ross but before he was King had Issue by Elizabeth Moor his Concubine two Sons John and Robert and by the Queen he had Issue Walter Earl of Athol and David Earl of Strathern yet by Act of Parliament the King disinherited his Legitimate Issue and settled the Crown upon his Issue by Elizabeth Moor from which Issue all the Kings of Scotland have since descended This was the most unaccountable Accident if we consider the Cause and Consequence I think that is recorded in any History That a King and Parliament by the Importunity of a Slut should disinherit his Legitimate Offspring from the Succession to the Crown of Scotland to advance her spurious Issue It 's true for some Reasons of State the right Heir is set aside as Edward Son of Ethelred after the Confessor being young and not a fit Match to oppose the Danes Edmund Ironside tho Illegitimate for his Strength and Courage was said to be chosen King as most likely to withstand the Danish Invasions so Edward the Confessor observing the heavy and slow Nature of Edgar the Grandson of Edmund Ironside not to be a fit
Match to oppose the turbulent aspiring Faction of Harold and his Family named William Duke of Normandy his Successor but none of these were Reasons for the Deposing the Earls of Athol and Strathern being for ought I find much better qualified to reign than either John or Robert the Issue of Elizabeth Moor for John was of a heavy and unactive Disposition not fit to govern which made the King his Father to constitute his younger Brother Robert Vice-Roy a Man of a violent and inveterate Disposition So that these three Dynasties viz. the Norman Bâ—itish and Scotish were all derived from spurious Originals and as Henry the 7th was descended from John of Gaunt who was never King by Catherine Swinford so is the Race of Scotland from Robert Stuart the first of that Name before he was King by Elizabeth Moor. But though the Parliament erected this Dynasty of the Kings of Scotland yet this did not cease their Power of altering the Succession of it in a right Line For James the 2d had two Sons James the 3d who succeeded him and Alexander Duke of Albany Alexander married two Wives the first was a Daughter of the Earl of Orkney by whom he had a Son named Alexander and after married a Daughter of the Earl of Bulloign by whom he had a Son named John yet in James the 5th his Reign John was by Parliament declared the second Person of the Kingdom and next Heir to James the Fifth notwithstanding the Claim and Protestation made by John's elder Brother against it And the Scots out of Parliament assumed a Power not only of altering the Succession of their Kings but of deposing them For in the Year 1567 they deposed Queen Mary the Daughter of K. James the 5th and set up King James the 6th after King James the 1st of England an Infant scarce 14 Months old in her stead and by this Title he reigned in Scotland twenty Years in his Mother's Life and to his dying Day owned this Title Yet this King and his Son and two Grandsons after him gloried in declaring their Titles to be by inherent Birth-right and that they were accountable only to God for all their Actions Here how truly let the Reader judg the Scene was laid upon which they played their designed Game which did not end so I do not account the Dynasty of the Kings of England in the Scotish Race since Queen Elizabeth to be new in the Succession of the Persons of the four last Kings I mean King James the 1st King Charles the 1st King Charles the 2d and King James the second yet I say it was new in the Exercise of it and such as none of the Saxon Danish or Norman Race since Henry the 3d or of the British Race ever pretended to claim But in regard it has put the Nation into such a Ferment for above 80 Years and which if God pleases not to put an end to may prove as fatal to these Nations as the Feuds between the Guelphs and Gibelines did for above 300 Years overwhelm Germany and Italy in most horrible Blood-shed and Devastation we are more particular in taking a View of the Original of it From the time of the King 's coming to London May the 7th to the 11th of January little more than eight Months Stow takes notice of twelve Proclamations and upon the 11th of January out comes another for calling a Parliament which though new for the manner yet more new for the Substance and such as never before was heard of in England And that we may the better take a view of the success of the Parliaments of England in this King's Reign from this we will stay a little and consider the Constitution of a Parliament and the principal Ends of its meeting The King is the Head Principle and End of the Parliament the Lords Spiritual and Temporal and Commons which are made up of Knights of the Counties of England and Wales Citizens sent from Cities Burgesses sent from Corporations and Barons sent from the Cinque Ports which do not differ from Burgesses but only in Name are the Body the Temporal Nobility sit in Parliament in their personal Capacities but the Spiritual Nobility do not so but in right of their Bishopricks which they hold of the King by Barony and the Commons are said to be the Representative-Body of all the Commons in England not Noble by Birth or in their Politick Capacities as the Bishops are and in this Assembly resides the Supreme Authority of the Nation which as they make Laws for the publick Benefit for are they loose from them and are not obliged to them As the King is freed from the imputation of Tyranny in sanguinary Laws and of Oppression in taxing the Subjects for how can the Subjects complain of either when their Representatives in Parliament promote them So does a Parliament discharge the great Objection against Hereditary Monarchies that tho Princes see only with their own Eyes and hear with their own Ears as other Men do yet so as it is impossible without a true Representation of the State of their Subjects they can see or hear of the true State of them whereas Minions and Flatterers whose Interest is different from that of the Kingdom not only conceal the true State of the Nation but make false Representations of it to raise themselves tho out of the publick ruine but the Parliament is the Eye of the Nation which sees the Abuses which Flatterers by abusing the King's Name and making it subservient to their Interest impose upon it The great Ends of the Meetings of Parliament are first to redress the Grievances of the Nation if any be by representing them to the King Secondly to punish Men which are out of the reach of the ordinary Rules of Justice which either abuse the King's Name to attain their Ends or may prove dangerous to the Government Thirdly to make Laws against growing Evils and to repeal Laws which have been found inconvenient to the Nation And fourthly to supply the King upon extraordinary Occasions for Support of the Nation as Times and Accidents may happen Heretofore the Meetings of Parliament were so frequent that Sir John Thompson in his Preface to the Earl of Anglesey's Memoirs takes notice that from the first of Edward the 3d to the 14th of Henry the 4th which was but 85 Years there are 72 Original Writs for the Summons of Parliament so that if you allow forty Days from the Tests of the Writs to the Returns and but one Month for the Sittings of Parliament there will not be a Year's Interval between the Dissolution of one Parliament and the Summoning another and Mr. Johnson proves that they were annual and fixt to meet on the first or the Kalends of May which continued down to Edward the 1st how or whether discontinued by Edw. the 2d I cannot tell however there are two Laws yet in force for the annual Meeting of the King in Parliament
Ancre's Fate did not end with his Life for the next day after he was buried the Lacquies of the Court and Rabble of the City digged up his Coffin tore his Winding-Sheet and dragged his Body through the Gutters and hanged it upon the Gibbet he had prepared for others where they cut off his Nose Ears and Genitors which they sent to the Duke of Main Head of the Popish League the great Favourite of the Parisians and nailed his Ears to the Gates of Paris and burned the rest of his Body and hurled part of the Ashes into the River and part into the Air and his Wife soon after was condemned by the Parliament of Paris for a Witch for which she was beheaded In the Year 1618 a Blazon Comet appeared and the Marquess of Buckingham by the removal of my Lord Admiral Nottingham who was so in the famous Overthrow of the Spanish Armado in 1588. was made Lord Admiral being as well qualified for that Office as he was for being Prime Minister in State-Affairs It was no wonder that Lewis XIII th after the Death of the Marquess d' Ancre and his Wife should remove his Mother from State-Affairs and confine her to Blois to make room for Luynes to govern him more absolutely than the Marquess and his Wife had done his Mother for Lewis as he was of a feeble Constitution both of Body and Mind so Luynes was a kind of Governor to him appointed so by his Father Henry the 4th to humour him in all his Childish Toys and Pleasures So tho Rehoboam when forty Years old was governed by young Men not in Years but Understanding so neither was it any great wonder that Edward the 2d a young Man should be governed by Pierce Gaveston a Person of far more accomplished Parts than Buckingham for Gaveston was bred up with Edward and had so far by his Flatteries prevailed upon him that Edward could not enjoy any Pleasure in his Life without him But for an old King having been so for above fifty one Years to dote so upon a young Favourite scarce of Age yet younger in Understanding tho as old in Vices as any in his time and to commit the whole Ship of the Common-wealth both by Sea and Land to such a Phaeton is a Precedent without any Example But how much soever the Safety of the English Nation was endangered hereby yet the but mentioning any thing hereof was an Invasion of the King's Prerogative and meddling with State-Affairs which was above the Capacity of the Vulgar and even of the Parliament as you will soon hear But how absolute soever the King was at Home the face of Affairs Abroad stood quite contrary for the Dutch having retrieved their Cautionary Towns out of his Possession had the King in such Contempt that they neither regarded him nor his new Lord High Admiral and this Year says the Author of the Address to the Free-men and Free-holders of the Nation in his second Preface f. 13 14. The Dutch never before fished upon the Coast of England till they had begged leave of the King or Governour of Scarborough Castle but this was now thought beneath the Magnificence of the Hogan Mogans and therefore they refused it They had been formerly limited by our Kings both for the Number of their Vessels they should fish with and the time Now they resolve to be their own Carvers and in order to that denied the English the Sovereignty of the British Seas and as if this had not been enough drew nearer and nearer upon the English Shores Year by Year than they did in preceding Times without leaving any Bounds for the Country-People or Natives to fish upon their Princes Coasts and oppressed some of his Subjects with intent to continue their pretended Possession and had driven some of their great Vessels through their Nets to deter others by like Violence from fishing near them c. as Secretary Nanton January 21 1618. told Carleton the Dutch Ambassador And to justify all this they set out Men of War with their Fishermen to maintain all this by Force But it was not Fish our new Lord Admiral cared for nor did he care for the King's Soveraignty of the British Seas so as he might be Lord High Admiral in Name The Sails of Buckingham's Ambition were not full swelled till to the Title of Lord High Admiral the Lord Warden of the Cinque-Ports was added to it tho he regarded the guarding the Coasts of England as little as he did the Soveraignty of the British Seas Nor did the accumulated Honours to himself alone satisfy his Ambition but a new Strain his Mother tho a professed Papist must be pullied up with him in a concurring Title of the same Honour by being created Countess of Buckingham And being thus exalted she forsook her Husband's Bed which she sanctified by being converted to the Church of Rome and as her Son governed the King so she governed her Son so that as Mr. Wilson observes fol. 149. tho her Son acted in appearance in all Removes and Advancements yet she wrought them in effect for her Hand was in all Actions both in Church and State and she must needs know the Disposition of all things when she had a feeling of every Man's Pulse for all Addresses were made to her first and by her conveyed to her Son for he looked more after Pleasure than Profit which made Gundamor who was well skill'd in Court Holy-Water among his other witty Pranks write merrily in his Dispatches to Spain that there were never more hopes of England ' s Conversion to Rome than now For there were more Oblations offered here to the Mother than to the Son Then he tells the Marquess's Behaviour to attain his Ends of Ladies how he married the Earl of Rutland's only Daughter the greatest Fortune in England but being a Papist how she was converted by Dr. White tho the Bishop of Litchfield attributes her Conversion to Dr. Williams Dean of Westminster but was brought back to the Church of Rome by the Countess of Buckingkam The next Year if you begin at January Queen Ann died the 22d of March but this is but a beginning of the King's Sorrows at least of his Troubles But this no way troubled our young Favourite but to encrease the Honour of his Family by Sir George's second Brood in June following he had his eldest Brother John created Baron Stroke and Viscount Purbeck tho I do not find he ever gave him one Penny to maintain these Titles Such disgust the King had taken at the Commons representing the Grievances to him in the last Parliament that in his Cups and among his Familiars upon all Occasions he would inveigh against Parliaments saying God is my Judg I can have no Joy of any Parliament in England and that he was but one King and there were alove five hundred in the House of Commons So as if he could have helped it he never would have been troubled with another but
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
revoke those Powers more than by the Clause De non revocando procuratore inserted in the Instrument it self and then he conceived the Clause to be matter of Form and tho essentially of no binding Power yet usually thrust into every such Instrument and that the Civilians hold That it is lawful by the Civil and Canon Law for any Man to revoke his Proxy of Marriage notwithstanding it hath the Clause De non revocando procuratore inserted in it Therefore the Duke concluded as to this point That the Earl of Bristol in charging this Matter so highly upon the Prince had much forget himself Can any Man believe that when the Prince made the Procuration to the King of Spain and his Brother to his Espousals with the Infanta in his Name and left it in the Earl of Bristol's hands with the Clause De non revocando procuratore that he then had consulted with the Civilians that he might revoke it when he pleased or that this Marriage nine Years in treating was not founded upon the Honour and Oaths of the Kings the Prince and of Buckingham himself but upon the Niceties and Quirks of the Civilians Or did it become the Prince or the Duke either who when he parted from the King of Spain at the Escurial solemnly to swear the Treaty of Marriage and the Furtherance of it by all that was in his Power in the presence of the Earl of Bristol and Sir Walter Ashton as you may read in Rushworth fol. 285. and now in the face of the King and Parliament to plead a Nicety of the Civilians to absolve the Prince and himself Now let us see what the Earl of Bristol says for himself for the Duke's Charge upon him for Proceedings upon this Match His Reasons were 1. For that he had a Warrant under the Prince's hand for his Proceedings to consummate the Match 2. It was the main Scope of his Embassy 3. He was enjoined by the King and Prince's Commission under the Great Seal 4. He had positive Orders under his Majesty's hand King James since 5. It was agreed by Capitulation that it should be within so many days after the coming of the Dispensation 6. The King James and Prince signified by their Letters to him at the same time when they discharged him of his Commandment touching the Infanta's entring into Religion that they intended to proceed in the Marriage which Letters bear date the 8th of October 1623. 7. The Proxies were to that end left in his hands and after again renewed after the Prince's return into England 8. That he the Earl had overthrown the Marriage without Order for tho Sir Walter Aston and himself had used all possible means for gaining time and deferring the Desponsories yet the King of Spain caused it to be protested that in case the Earl should insist upon the deferring the Desponsories he would free himself from the Treaty by the Earl's infringing the Capitulations And in truth altho the King of Spain should have condescended to have prolonged the Desponsories until one of the Days of Christmas as by the Letter was required yet the Prince's Proxies had been before that time expired and he durst not without a precise Warrant put such a Scorn upon so noble a Lady whom he then conceived was like to have been the Prince's Wife as to nominate a Day of Marriage when the Proxies were out of date and he himself had sworn to the Treaty 9. He the Earl could not in Honour and Honesty but endeavour to perform that publick Trust reposed in him when the Proxies were deposited in his hands with publick and legal Declaration with an Instrument by a Secretary of State to the King of Spain leading and directing the Use of them and the same being then Instrumentum Stipulatum wherein as well the King of Spain was interested by the Acceptation of the Substitution as the Prince by granting the Proxies he could not in Honesty fail the publick Trust without clear and undoubted Warrant which so soon as he had he obeyed See Rushworth fol. 301 302. The Duke 's stating the Question super totam materiam was Whether this being the full Effect and Product of this Negotiation he had opened to them the Parliament be sufficient super totam materiam for his Majest to rely upon with any Safety as well for the Marriage of his only Son as for the Relief of his only Daughter Or that these Treaties set aside his Majesty were best to trust in his own Strength and to stand upon his own Feet So the Duke ended That if the bringing us from Darkness to Light did deserve any Thanks we must wholly ascribe it to his Highness the Prince Here is a Tale finely told parte inaudita altera but the Duke shall hear more of it and indeed it was a Net so spread in the sight of every Bird that it was a wonder it should catch any for at this time the Match was quite broke off with Spain and another entered upon with France when it must be suposed forsooth the Spanish Match was in Treaty and now must be broken off by Advice in Parliament which was before such a Mystery of State as not to be meddled with in Parliament But while the Prince and Duke were wrapt up in security of the Parliament as well as the King's Affections and that now the Duke was become as well the Peoples as the King's Favourite a new Accident happened out of which if the Prince and Duke had not been extricated by the matchless Wit and lively Industry of the Keeper in all appearance it would have put both Prince and Duke out of the King's Favour and Affections dissolved this beloved Parliament and have brought such a train of mischievous Consequences as could not have been foreseen or prevented I desire to be excused if I do not cite the Bishop of Litchfield's words in the Life of the Lord Keeper for I think the Case will more clearly appear without his Paraphrases and Glosses While the Marriage between the Prince and Infanta was in Treaty the King of Spain sent Don John Marquess Inoiosa his Ambassador to be resident in England a Man of true Spanish Gravity and Severity and a most rigid Promoter of the Popish Interest in England so that he was taken notice of to be the most surly and unpleasing Man that ever came to the Keeper about any Business If this Man were thus during the Treaty it could not be expected he would become better natur'd upon the breaking of it and the Duke of Buckingham was as jealous of him that he should spoil the Narrative he had made of the Proceedings in the Spanish Match as he was of the Earl of Bristol and therefore would never admit the Marquess to have any private Audience of the King in the Duke's Absence so that Sir Walter Aston wrote from Spain that it was complained of that Marquess Inoiosa had advertised thither he had not been able
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
the narrow Passages between the Salt-pits those that escaped were lost in the Salt-Pits and Ditches and the Crowd was so great in passing a Bridg that many were drown'd in the River yet in this Confusion and Adversity the Bravery of the English appear'd for a few having past the Bridg the French following the English rallied and faced about to charge the French who cowardly retreated over the Bridg. Except this little Action yet as great in Fame as any other the English Nation never received like Dishonour as in this loose and unguided Conduct of this lascivious Duke in this Expedition of whom it may be truly said he was Mars ad Opus Veneris Martis ad Arma Venus Home he comes and finds things as much in Disorder here as he had left them in Dishonour abroad the Prisons full of the most eminent Gentry of England by a special Warrant from the King for refusing to lend as they were assess'd by the Commissioners for the Loan and Bail denied them upon return of their Corpus's An Army was kept on foot when this Expedition had consumed all that which should have paid them which had not been done in 80 Years before the People fearing this was more to enslave than defend them In this Confusion Sir Cotton's Advice is called for by the King and Council what 's to be done who in a long and well composed Speech beginning at Charles the 5th sets forth the Design of the House of Austria to attain an universal Monarchy in these Western Parts of Europe How the Design was first check'd by Henry the 8th against Charles but more by Queen Elizabeth against his Son Philip the 2d they following a free Council and thereby winning the Hearts of a loving People ever found Hands and Money for all Occasions That the only way to raise Money speedily and securely was the Via Regia by Parliament other ways were unknown untrodden rough tedious and never succeeded well That Religion lies nearest the Conscience of the Subject and that there was a Jealousy of some Practices against it and that tho the Duke of Bucks had broken the Spanish Match out of a Religious Care that the Articles demanded might endanger the State of the Reformed Religion yet being an Actor in the French Match as hard if not worse passed than those of Spain Sir Robert goes on and enumerates the Miscarriages in these two last Years the Waste of the King's Revenue the Pressures upon the publick Liberty of the Subjects in commanding their Goods without Consent in Parliament imprisoning their Persons without special Cause shewed and this made good against them by the Judges How to obviate these he leaves to the prudent Consideration of the Council but like old Sir Charles Harboard he wishes that the Duke might appear to be the first Adviser for calling a Parliament so that the People may be satisfied this Parliament should be called by the zealous Care and Industry of the Duke Now the Hopes of getting Money by calling the Parliament works more than the Laws of God or sacred Justice could do for upon the 29th of January Writs are issued out for the Assembling of a Parliament to meet the 17th of March following the Prison-Doors are opened for the imprisoned Gentry to go abroad the Arch-bishop the Earl of Bristol and Bishop of Lincoln who tho now in Disgrace was the first Raiser of Laud after Bishop of London and Arch-Bishop of Canterbury have Writs to 〈◊〉 in Parliament But see the Unstability of Resolutions not founded in Truth Justice or Prudence for the next Day after the Writs for summoning the Parliament were agreed the King January the 30th granted a Privy-Seal to Burlemach for 30000 l. to be returned to Sir William Balfour and John Daâ—bier for raising a thousand German Hâ—rse with Arms both for Horse and Foot to be sent into England February the 28th where was an Army already upon free Quarter and after grants a Commission to 23 Lords and others to raise Money upon Impositions or otherwise Thus things stood in the State before the Meeting of the Parliament Now let 's see how they stood in the Church Barnevelt having headed a Faction in Holland which called themselves Arminians and designing by them to have deposed the Prince of Orange lost his Head for it about four Years before now on the contrary the Arminian Faction here which called themselves the Church of England ascribed all Dominion to the absolute Power of the King The Principals of this Faction were Neal Bishop of Wâ—â—chester Laud Bishop of Bath and Welâ—s and Richard Mountague afterwards advanced to the Bishopricks of Chichester and Norwich this Faction was headed by the Duke At this time the Jesuits had taken a House at Clarkenwell designing to make a College of it who in a Letter to the Father Rector of the Jesuits at Brussels boast that they had planted the soveraign Drug Arminianism which they hoped would purge the Protestants from their Heresy and that it flourished and bore Fruit in a due Season and they proceeded by Counsel and Consideration how and when to work upon the Duke's Jealousy and Revenge and in that they gave the Honour to those who merit it which were the Church Catholicks they assured themselves they had made the Duke and the Parliament irreconcilable and that they have those of their Religion who stand continually at the Duke's Chamber to see who comes in and who goes out They glory how admirably in their Speech and Gestures they act the Puritans and the Cambridg Scholars shall find by woful Experience they can act the Puritans better than they have done the Jesuits That their Foundation is Arminianism that the Arminians and Projectors affect Mutation Having thus laid the Foundation for propagating their Religion the Jesuits next Care was for the State and in the first place they consider the King's Honour and Necessities and shew how the King may free himself of his Word as Lewis the 11th did and for greater Splendor and Lustre how he may raise a great Revenue and not be beholden to his Subjects which was by way of Excise which must be by a mercenary Army of Horse and Foot For the Horse they had made sure they should be Foreigners and Germans who would eat up the King's Revenue and spoil the Countries wheresoever they came tho they should be paid What Havock then will they make there when they get no Pay or are not duly paid they will do more Mischief than we hope the Army will do This mercenary Army of 2000 Horse and 20000 Foot was to be taken into pay before the Excise be settled In forming the Excise the Country is most likely to rise if the Mercenary Army subjugate the Country the Soldiers are to be paid out of the Confiscations they hope instantly to dissolve Trade and hinder the Building of Ships by devising probable Designs and putting the State upon Expeditions as that of Cadiz and in taking
write a Mercenary Treatise called Mare Liberum wherein he will not allow the King to have any Title to the Soveraignty of the British Seas or his Subjects any more Right to fish in them than the Dutch or any other Nation But how consistible this Treatise is to Truth Antiquity the sacred Scriptures or to Grotius himself or to the Practice of his Country-Men is now fit to be enquired into And since I have as well as I can asserted the Laws and Constitutions of my Country at home I will with that Sincerity that becomes an English-man endeavour to vindicate the Honour of it abroad especially in our King's Soveraignty of the British Seas which Grotius so absurdly in his Mare Liberum endeavours to rob them of An Answer to Grotius his Mare Liberum wherein is shewed how often he contradicts himself how ignorant he is in all Principles and Methods in Reasoning and how impossibly contrary his pretended Arguments are to Sacred History and all antient Authority But before we enter hereupon it 's fit to see how the Case stood before Grotius wrote his Mare Liberum as well in reference to the King of England's Claim as how the Case stood between the King and Dutch when Grotius wrote his Mare Liberum And that we may avoid the endless Confusions which Grotius above all other Writers abounds in I require these Premises First That God made all things in the Waters as well as upon the Earth for the Use of Man Secondly That no Man upon the Waters as well as on the Earth did live out of Society Thirdly That in Society the Offices of commanding and obeying are necessary Fourthly That Anarchy is as abhorrent among Men upon the Waters as upon the firm Land and as impossible for Men to subsist in the one as in the other Fifthly Piracy by Sea is a Crime equal to Theft by Land Sixthly Killing a Man by Sea without lawful Authority is a Crime equal to Murder by Land Note Grotius answers not one of these Principles nor shews by any Authority when or where the Dominion of the Seas was by Usurpation Whereas the contrary has been practised by Kings and States as old as there are Records of any times but only feigns Premises not only contrary to the Authority of sacred History and all Antiquity but such as are absurd blasphemous and impossible considering the Nature of Man But these are not said in his Mare Liberum but in his Preface and Treatise of War and Peace So that to have answered these in this Treatise would have swelled it to a much greater Bulk than intended but if God please I shall hereafter answer these in a Treatise by it self The Principles thus premised we proceed to enquire what Soveraignty the Kings of England have claimed in the British Seas bordering upon England and Ireland since that Kingdom became subject to the Crown of England and leave it to unbiassed Readers whether the Kings of England claimed any thing contrary to any of these Premises The Claims which the Kings of England make to the Soveraignty of the British Seas are threefold 1. To protect their Subjects in all their just Employments upon the British Seas from all Hostility by Enemies whereof the Fishing in these Seas are the chief 2. To prevent Hostility by other Nations in these Seas 3. To receive an Acknowledgment from all Nations for their Protection in these Seas by striking their Flag in Submission to the King's Men of War which protect them By this Dominion of the British Seas the Kings of England more secure their Subjects from foreign Invasion than any other Potentates in the World how great soever their Territories are can do I will not swell this Treatise with what Mr. Selden Sir John Burroughs Mr. Camden and others have written of the Kings of England being possest of these Rights by immemorial Prescription and of the Maritime Laws they have made as well in reference to their Subjects as Foreigners nor of the Treaties they have made with Foreign Princes and the Compositions they have made for Licence to fish in the British Seas before the Dutch Government was formed into States nor was ever these Rights disputed by any of them before Grotius did this Year Nor is this Dominion in the Seas new in the World but as old is any Records of Time for of old the Egyptians Phenicians and Athenians enjoyed it and set Bounds to other Nations how far they would permit Nations to trade in them Sir Walter Rawleigh in his History of the World at large sets forth the long Wars between the Romans and Carthaginians in the first Punick War for this Dominion and the Romans being often beaten by the Carthaginians resolved to desist further Contention herein till they found that it was to little purpose to strive to extend their Dominion by Land if the Carthaginians were Masters at Sea So that the Dominions of the Seas which beat upon the Shores of Princes are not new or only usurped by the Kings of England but used by other Princes and States of old From more antient to descend to more recent times the Veâ—etians claim the Soveraignty in the Adriatick Gulf tho the Venetian Territories on either side of it are not one sixth part of it and cause all Ships even of the King of Spain and Great Turk whose Territories on both sides the Gulf are fivefold more than the Veâ—etians to pay Customs and other Duties In the Year 1630 Mary the Sister of the Queen of Spain being espoused to the Son of the Emperor Ferdinand the Vice-Roy of Naples provided a great Fleet to transport her to Triesti but tho the Venetians were involved in a War abroad and infected with a Plague at home they would not permit it but conveyed her by a Fleet of their own See Jo. Palatius de Dom. Maris l. 2. c. 6. In the Year 1638 a Turkish Fleet entring the Gulf without Licence was assaulted by the Venetian Admiral who sunk divers of their Vessels and forced the rest to fly to Valona and there besieged them tho the City and Port were in the Dominion of the Great Turk yet tho a dangerous War was like to have ensued hereon the Venetians rather than lose their Dominion insisted on their Right and concluded an honourable Peace with the Turk wherein it was agreed That as often as any Turkish Vessels did without Licence enter the Gulf it should be lawful for the Venetians to seize upon them by force if they would not otherwise obey see the Justification of the second Dutch War by K. Charles II. pag. 58 and the Grand Signior prohibits all Nations except his Vassals to enter the Euxine or Black Sea as also the Red Sea Dr. Stubbe in his Justification of King Charles the Second's Dutch War pag. 126. says the Danes and Norwegians would not permit either Fleming or English to fish near Schetland without Licence previously obtained and if any presumed
and sure never was there such a Generation who so impudently out-braved Truth and all that may be call'd Sacred If you could force a Belief into them they first told you they fought for King and Parliament then they declared for the King and People against the Parliament and now they have taken off the King if you will have any Benefit of their Protection you must engage to their Government without King or House of Lords and be content with a piece of the Commons call'd the Rump Not content with the Death of the King the Rump proceeds to abolish Monarchy and place the original Power of Government in the People whose Representatives they are if you 'll take their Word and voted it High Treason to restore Monarchy or to assist or pray for Charles Stuart or any of that Line overthrow the King's Statue with an Exit tyrannus Regum ultimus Nor are they satiated with the Blood of the King but erect another High Court of Injustice whereof one Lisle an ignorant Fellow was President who condemns the Marquess Hamilton Earl of Holland and Lord Capel for raising Arms against the Parliament which themselves had destroy'd But tho the Rump and Army were establish'd upon these strange Principles yet being the Instruments of Divine Vengeance like a Torrent broke loose from raging Seas in less than five Years time they overwhelm not only England but Ireland and Scotland almost pull'd the Dutch States up by the Roots and made France and Spain tremble But that we may observe what follow'd let 's see what went before The Scots were the first who invaded England against the King to impose their Solemn League and Covenant which was more against the English Laws and Constitutions than Laud's Service-Books Canons and High-Commission were against the Scotish In July last the Scots invaded England commanded by the Marquess Hamilton in August Cromwel routs and utterly overthrows this Army and takes Hamilton Prisoner So the Scots who began these Wars first are the first chastised by this English Army But this is but the Earnest of what shall follow The secluded Members who first join'd the Scots beginning first with an equivocal Protestation but after downright joined with the Scots in their Covenant are now not only turned out of the House by the Rump but kept in nasty Prisons till they became as little dangerous as The House of Lords The horrid Irish Massacre and Rebellion succeeded in the third place And now the Rump having established themselves by subduing of the Scots under Hamilton and deposing the secluded Members are laying Rods in Piss to scourge these abominable Irish But before we proceed let 's see how things stood in Ireland In October 1641. the Irish Massacre was which succeeded in a Rebellion in which Richlieu's Scarlet was as deep dyed as in the Scotish and English Commotions The Head of this accursed Crew was John Baptista Pennuncio the Pope's Nuncio who in his Passage through France threatned he would suffer no Man to live in Ireland that wished well to the King or to the English Affairs Thus you see how all the Factions conspired against the King the Laws and Constitutions of England But for these last seven Years viz. so long as the Distractions were continued in England the War was pursued but by halves in Ireland King Charles in his Life-time had made the Marquess of Ormond Lieutenant of Ireland who in 1643 made a Truce with the Irish that the King might make use of the English in England But the Irish kept their Faith no better in it than the Scots had before with the King in the Peace in 1639. For on a sudden they rise against the Marquess now the English are sent into England and had surprized him if he had not been informed before and escaped into Dublin and being in no Condition to defend it but obliged to deliver it up either to the English sent by the Parliament or to the Irish he gave it up to the English who make Colonel Jones Governour and so Ormond leaves Ireland After the Marquess was withdrawn the Nuncio behaved himself like a Church-Man with such a Despotical Tyranny that he became intolerable even to the Irish themselves who being press'd by Jones Coot and Monk combine in a Body and send to the Queen and to the Prince of Wales for then the King was close Prisoner in the Isle of Wight to return the Marquess of Ormond and they would submit to his Authority and join to expel the Scots and Parliament's Forces The Nuncio taking this for an Affront to his Authority being that of the Apostolick See which is infallible threatens Excommunication to them who should not obey him but neither he nor his Excommunication were obey'd but was forced to Capitulate with the Irish themselves to procure his Departure which was as shameful as his Entrance was proud and insolent Upon the Marquess's Return he enter'd into most dishonourable Articles with the Irish which yet would not please Owen Ro Oneal who join'd with the Parliament's Forces and reliev'd Londonderry then besieg'd by the Lord Ardes After this Pacification with the Irish such as it was Ormond raises a numerous Army and by my Lord Inchiqueen routs a Party of Jones's going to Drogheda who takes the Town and Dundalk Green-Castle Newry and Trim and returns Victorious to the Marquess Hereupon the Marquess besieges Dublin but unfortunately sends my Lord Inchiqueen into Munster with if not the greatest the best part of the Army Jones falls upon the Remainder and utterly routs them This was in August 1649. And the same Month Cromwel lands at Dublin with an Army of 15000 old Soldiers Upon this Disaster the Irish no more to be reconciled to the English than the Scots Covenanters to Episcopacy quarrel with the Marquess which was never after composed So the Marquess left Ireland again leaving the Earl of Clanrickard Deputy Cromwel after his landing first storms Drogheda or Tredah with a most terrible Execution and after in less than one Year all Ireland upon the matter is reduced to the Obedience of the Rump who take dreadful Vengeance upon all the Irish who could be found to have had any hand in the Massacre of the English The King Charles II. having lost England and Ireland with all their Dependencies except the Isles of Guernsey Jersey Man and Scilly and the Plantations in America which shall soon follow set up for Scotland and makes the Marquess of Montross his Commissioner who having got together about 400 Swedes Danes Poles and Germans lands them at the Wick of Cathness in April 1650 and takes Dumbeath But Lesley having sent Major-General Straughan with 300 choice Horse he set upon this ill composed Body of Montross and utterly routs them Montross fled but was betrayed by the Laird of Aston who had formerly served him The Covenanters to shew their Clemency and Humility bind the Marquess in a Chair planted backwards on a Cart that all
Men might see him the Hangman with his Hat on riding before and upon the 28th of May 1650 by a Sentence pronounced the Day before by the Lord Lowden was hanged upon a Gibbet 30 Foot high at the Cross of Edinburg for three Hours after which he was quarter'd and his Head set upon the Talbooth and his Legs and Arms over the Gates of Sterlin Glasgow Dundee and Aberdeen But see the Piety and Commiseration of these humble People They order in the Sentence that if he repented so that his Excommunication should be taken off the Trunk of his Body should be buried in the Grey-Friars otherwise in the Burrough-Moor the Common Burial of Malefactors But Vengeance shall soon overtake these cruel Proceedings For the Kirk sore afflicted for their deposed Brethren in England now in nasty Prisons whereby Heresy Schism and Profaneness raged and the Throne of Presbytery was defaced but being unable of themselves to restore their Brethren before Montross's Death had agreed to have the King proclaimed King of Scotland England France and Ireland yet so as to take the Solemn League and Covenant to give Signs of Sorrow and Repentance for his Father and Mother's Sins and banish and turn out of his Court all who had not taken the Covenant or taken up Arms for his Father But the Kirk could not have found a Plant so unlikely to produce the Fruit of Repentance or to establish the Throne of Presbytery as this King However they 'll try what 's to be done and to this end send Commissioners to treat with the King at Jersey not yet reduced by the Rump and a Treaty is agreed to to be at Breda in Holland The King was perplex'd what to do for to be a King in Fact he desired above all things but to forsake his Mother and Father's Friends was grievous to him and to come to the Stool of Repentance was full sore against his Will Yet to be a King as a Man does for a Wife he forsakes Father Mother and his dearly beloved Friends and comes to Breda There the News comes of Montross's tragical Defeat and Execution which had like to have spoil'd all but over Shooes over Boots on he goes having submitted to all the rigid Terms the Kirk-men imposed upon him And in June 1650 arrives in Scotland to be anew instructed in the Discipline of the Kirk The Rump in the mean while were not idle you must think for having spued up Presbytery in England they scorn'd to chew the Cud of it from Scotland and therefore Fairfax having refused to command an Army against the Scots they send for Cromwel out of Ireland by this time is good as reduced by him and declared him General of all the Forces of England Scotland and Ireland who about the latter end of June 1650 enters Scotland with a well-disciplin'd rather than a numerous Army and having taken many Places of small moment and often beat the Scots in Skirmishes upon the 3d of September utterly overthrows the much more numerous Kirk-Army at Dumbar commanded by their old General Lesley 3000 Scots killed 9000 taken Prisoners all their Baggage and Ammunition and above 200 Colours which as Trophies were hung up in Westminster-Hall where the English and Scots had before taken such Pains and Care to unite both Nations in their Solemn League and Covenant Whilst these things were doing the Kirk at Edinburg were close at their Devotion hourly expecting the Feet of those which should bring the glad Tidings which were at hand when Lesley the same Day brings Tidings of their utter Overthrow Now was all their Joy turned to Lamentation and Wo and the Songs of Sion are like to be sung in a strange Land To augment these Miseries the King who could not submit to the rigid Discipline of the Kirk runs from Schole to the House of the Lord Dippon intending for the Highlands where he might go to School with more Liberty Now all is in a Hurlyburley After the King runs Montgomery from the Kirk promising the King if he would return the Kirk would remit part of their Discipline upon which the King returned to St. Johnstons The King thus returned did not please the Kirk-men for being beaten by the English they rail against those that called the King in too hastily before he had given Marks of his Repentance and Conversion to God and that it was not lawful for any who were truly Godly to take up Arms for him and for the Advancement of the Kirk made Kerr and Straughan Generals of the Kirk-Forces But Straughan runs to Cromwel and Kerr is utterly defeated wounded and taken by Lambert Whilst these things were thus doing in Scotland let 's see what was doing in England In January this Year the Rump erected a High Court of Justice whereof one Keeble an ignorant Petty-fogging Lawyer was President in Norfolk upon pretence of an intended Insurrection for bringing in of the King where 24 were condemned and 20 executed whereof one Mr. Hobbard Brother or near Kinsman to Sir John Hobbard who after married Cromwel's Niece and Widow of Col. Hammond was one And in March following the Rump erected another High Court of Justice which condemned Sir Henry Hide for taking the King's Commission to be his Ambassador at Constantinople The Kirk-Party now lose their Reputation they had nothing left but to preach and pray and rail and now the Parliament and General Assembly take in all who will take the Covenant but all to no purpose For Cromwel having taken Edinburgh Town and Castle Jedworth Reslan and Tantallon Castle sends Overton and Lambert in Boats over the Frith who rout Sir John Brown and Major General Holborn kill 2000 of their Men and take 1200 Prisoners and Brown himself with 42 Colours Now though Scotland were a cold Climate 't was too hot to hold the King and his Army and therefore with them he slips into England by the Way of Carlisle leaving the Kirk in Lamentations and Woes that Heresy and Schism had overspread the Beauty of Holiness now Profaneness and Superstition had left it Harrison and Lambert followed the King and Cromwel soon after who at Worcester that Day Twelve Month after he had routed the Scots at Dunbar utterly again routs the Scots and English kills 3550 with Duke Hamilton and General Forbes and takes 5000 Prisoners with the Earls of Rothes Kanwarth Kelly the Lord Sinclare and Montgomery General of the Ordnance and soon after David Lesley who fought not or but little in the Battel is routed by Lilburn and taken Prisoner with Lauderdale who held Correspondence in England with the Covenanting Scots and the Lords Kenmore and Middleton Yet the King by a Miracle escaped to be restored King Charles II. But the same Fate did not attend the Noble Earl of Derby who coming out of the Isle of Man with about 250 Foot and 60 Horse to have assisted the King which he joined with about 1200 raised Men in Lancashire where he was highly
Charles II. is my most Religious and Gracious King If he be so how came you to know it And if you do not know it how came you so unfeignedly to assent and consent that he is so But tho to get your Living you tell the Congregation so when you do not know it I think it 's dreadful for you to tell God Almighty he is so if you be not very well assured he is so But you 'll soon see what Care this King took of the Church of England which took such Care for him Was God well pleased with these things You shall soon see unjust Wars and dishonourable Peace Such Judgments of Plague Fire and Invasion into our Ports as never before were heard of And tho God's Judgments were in the Land the People did not learn Righteousness but continued a divided and factious Nation and a People laden with Iniquity The Honour of the Nation not only lost abroad but a joining with a neighbouring Faithless Boundless and Ambitious Prince to the endangering the Subversion of the Religion Constitutions and Liberties of the English Nation Now let 's see what is doing in Scotland If a Man reads Buchanan's and Drummond's History of Scotland they will better judg of General Monk's prudent Government and Conduct in it for eight Years together For from the Contest between Bruce and Baliol for the Succession to the Crown of Scotland about the Year 1280 till James VI. came to the Crown of England I scarce find five Years Peace together in any of the Reigns between And if for some time the Scots were freed from open War yet scarce at any time were they freed from Feuds among the Nobility or the Nobility at Discord and Variance with their Kings After the Reformation of Religion in Scotland which began in the first Year of Queen Elizabeth by her assisting the Nobility with an Army by Land and a Fleet by Sea whereby the French sent by Henry the Second of France Father of Francis the Dauphin who had married Mary the Scotish Queen to subdue Scotland to a Conformity to the Romish Church were outed the Kirk of Scotland set up a Jurisdiction as independent from the Civil as the Romish was and held it up during the Reign of Mary and after they had expelled her and chosen her Son James King about fourteen Months old in the Regency of Murrey they got their Church-Discipline established by Act of Parliament This was in the Year 1567. The Kirk being possest of this Power during the Minority of King James and several of the Nobility having got a great share of the Crown-Lands of Scotland the King upon his Majority was so poor that he was not in a Condition to keep up the State of a King much less to curb the Insolence of the Kirk the Nobility who had got the Crown-Lands joining with them Tho Queen Elizabeth did not love the Kirk-Party yet was she content to have Scotland in this State for thereby she preserv'd the English Borders free from the Depredations which the Scots usually made upon them and therefore secretly countenanced both the King and Nobility who had got the Crown-Lands However ever she allowed the King a Pension yearly whereby she kept the King as well as Kirk and Nobility depending upon her In this State England and Scotland stood till the Death of Queen Elizabeth but it was ill timed of King Charles I. to grant Commissions to enquire into the Crown-Lands usurped in his Father's Minority and soon after to endeavour to set up Laud's Injunctions and High-Commission in Scotland which made the Nobility as well as Kirk so fierce in opposing them King Charles offended at the Proceedings of the Parliament of England in 1641 goes into Scotland and establishes the Kirk in all their Pretensions and disclaims all Title to the Crown-Lands usurped in his Father's Minority which no ways mollified either But next Year the Scots sent an Army under Lesley made an Earl by the King against him in Aid of the English Parliament But tho the Kirk and Nobility were thus insolent against their Kings they patiently submitted to Monk during his Government in Scotland except some few Disturbances made by General Middleton For neither Cromwel nor the Rump before him trusted to the Scotish Oaths or Solemn League and Covenant but after they had subdued them bridled them with Forts built upon the principal Passages of Scotland and disarm'd all the Nobility and Gentry and thereby kept them in Peace which King Charles by all the Condescensions he submitted to could not procure And hereto that the common sort of Scots lived in more Freedom under Monk than under their Lords and Lairds so that neither the Kirk or Nobility could form the Body of an Army against the English Before the King was restor'd the Army which would have kept him out was dissipated the Year before by Monk and after his Restoration was disbanded and so the English Nation was restored to its former Government But it was not so in Scotland for not only the Forts which bridled them but the Army which conquer'd them was still kept up Nor had the Scots any hopes of being freed from these Fetters but by an intire Submission to the King Upon the King's Restoration many Debates were in the Council in England about the calling a Parliament in Scotland and the demolishing the Forts for keeping the Scots in Subjection but neither were so easily determined for in all Scotland after Montross was butcher'd I do not find there was one of the Nobility except his Son which were not Popish or Presbyterian and the Presbyterian Party had been so rigid against the King when he was in Scotland and intolerable to his Father that above a Year past before any Resolution was taken in either Lauderdale as before said was taken Prisoner after the Fight at Worcester and from that time kept Prisoner in Windsor-Castle from whence he was set free upon the King's Restoration but became so poor that it 's said he could not meet the King for want 〈◊〉 Money to pay for a Pair of Boots This Imprisonment was doubly happy to him for during the Restraint of his Body he enlarged the Faculties of his Mind and being a Man of Parts improved them by Contemplation and Study wherein he met with more Helps than it may be he could have found in Scotland whereby he became of greater Abilitie◠to serve the King than could be found in any other of his Countrymen and being in England found better Opportunities to have them known to the King than any of his absent Country-men could In the late Wars between the King and Parliament he with Sir John Cheesley were ordered Commissioners by the Kirk-Faction to the Parliament in England for propagating the Presbyterian Government But this being most detestable at Court Lauderdale to raise himself set himself with all his Skill to oppose it and by it at first got to be made Principal Secretary
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
away the Merchants Ships so that they may not easily catch and light upon the West-India Fleet. A Jesuit and nine Priests were taken with this and many other Papers which were delivered to Sir John Cook Secretary of State the Jesuit was condemn'd but reprieved by the King because Sir John Cook said The King delighted not in Blood and afterward the nine Priests were released by special Warrant from the King and the King in his Reasons for dissolving the Parliament makes the House of Commons Enquiry into this Business to be an exorbitant Encroachment and Usurpation such as was never before attempted by that House By this you may see the Religious care this pious Prince had for the Church of England and how much he regarded the Laws of England or minded the Support of the poor Protestants in France or the Re-establishment of his Brother-in-law in the Palatinate Thus stood things when the Parliament met the 17th of March when the King as Men in a deep Lethargy no ways sensible of their Pain or the dangerous State they are in not considering the dangerous State he was in both abroad and at home Abroad in that he had made War upon the King of Spain without any Declaration of War and that against his Father's Advice and of his Council and upon the King of France wherein himself and his Favourite Buckingham were the Aggressors at Home by his unheard of Invasions upon the Fortunes and Liberties of his Subjects never before done by any King of England in the short Interval of these two Parliaments scarce being 9 Months upon the Opening of the Parliament far unlike his Father in the last Parliament of his Reign when his Case was not near so dangerous as this King's tho their Necessities were equal to get Money by Parliaments when they could get it no other Way begins his Speech My Lords and Gentlemen THese Times are for Action wherefore for Example sake I mean not to spend much Time in Words expecting accordingly that your as I hope good Resolutions will be speedy not spending Time unnecessarily or that I may say dangerously for tedious Consultations at this Conjuncture of Time are as hurtful as ill Resolutions I am sure you now expect from me both to know the Cause of your meeting and what to resolve on yet I think there is none here but knows that common Danger is the Cause of this Parliament and that Supply at this time is the chief End of it so that I need but point to you what to do All this but of Supply is Mysterious and General and had need of an Interpreter The King goes on and says I will use but few Perswasions for if to maintain your own Advices and as the Case now stands for the following thereof the true Religion Laws and Liberties of this State never so violated by any King of England before him and the just Defence of our true Friends and Allies be not sufficient then no Eloquence of Men or Angels will prevail What Parliament or any other Council but that of Buckingham advised him to make War either upon the King of Spain or France search all the Records of the Journals of Parliament of 21 Jac. and Rushworth Franklin and Bishop of Litchfield and see if in any one of them there be one Sentence of making War against the King of Spain but only to break off the Treaty with the Spanish Match and for the Palatinate But admit the Parliament had upon the Misinformation of the King and Duke advised the King to have made War upon the King of Spain yet since the Earl of Bristol so shamefully blasted the whole Story not a Year since in open Parliament without any Reply How was this Parliament obliged to have made good what that had done And since the King dissolved the last Parliament rather than the Duke should be brought to Trial upon the Earl's Charge which was a Failure of Justice sure it had been more to the King's Honour not to have mention'd this to the Parliament than that what he had done was by their Advice Did this Parliament or any other ever advise him to put the Fleet under the Command of Vice-Admiral Pennington into the French King's Power to subdue the poor Rochellers who never did him any wrong to the Ruin of the Reformed Interest in France and to be the Foundation of the French Grandeur by Sea and then on the contrary make War upon the French King when he was the Aggressor Did ever this or any other Parliament advise him to take his Subjects Goods by force without and against Law and imprison their Persons by his Absolute Will and Pleasure denying them the Benefit of their Corpus's the Birth-right of the Subject and to continue them Prisoners during his Will without allowing them a Trial by the Laws whether they were guilty of any Crime or not Or to execute Martial Law impose new Oaths and give Free-Quarter to Soldiers in his own Kingdom in time of Peace However the King goes on and says Only let me remember you that my Duty most of all and every one of yours according to his Degree is to seek the Maintenance of the Church and Commonwealth and certainly there never was a time in which this Duty was more necessarily required than now Was the Discharge of the Pack of Jesuits conspiring the Ruin of Church and State with Impunity for the Maintenance of the Church and Commonwealth Or was the Commission which the King granted the next Day after the Writs for the Assembling the Parliament to raise Monies by Imposition in the nature of Excise to be levied throughout the Nation for the Maintenance of the Church and State And at the same time to order my Lord Treasurer to pay 30000 l. to Philip Burlemac a Dutch Merchant in London to be by him returned into the Low-Countries by Bill of Exchange to Sir William Balfour and John Dalbier for the raising of 1000 Horse with Arms both for Horse and Foot for the Maintenance of the Church and Commonwealth of England And also to call a Council for levying Ship-Money now he had by his own Will taken the Customs without any Grant of Parliament for the Maintenance of the Church and State I therefore judging a Parliament to be the antient speediest and best way in this time of Common Danger to give such Supply as to secure our selves and save our Friends from imminent Ruin have called you together Every Man must do according to his Conscience wherefore if you as God forbid should not do your Duties in contributing what the State at this time needs I must in Discharge of my Conscience use those other means which God has put into my hands to save that which the Follies of particular Men may otherwise hazard to lose It 's certain a Parliament is the best way in time of Common Danger to give Supplies and secure the Nation from imminent Ruin the Nation being most
which he confided in for Robinson a Captain of Dragoons having received his Pay and the Soldiers Back Breast and Pot ran away with his whole Troop to New-Castle and most of Twisleton's Regiment refused Monk's Service However Monk by Dr. Troutbeck received secret Assurance from my Lord Fairfax to be assisting to him Now with insincere Affections both sides agree to a Treaty of Accommodation to be at London and Monk named Wilks Knight and Cloberry his Commissioners these had publick Instructions from the General Council and private from the General to which the Committee of Safety named three whose Names I do not find to treat with them These agreed that a Committee of 19 should be appointed five for England not Members of the Army viz. Whitlock Vane Ludlow Salway and Berry five for Scotland viz. St. John Warreston Harrington Scot and Thompson the rest for England Scotland and Ireland to be Members of the Army they to determine the Qualifications of the Members of Parliament That two Field-Officers of every Regiment and one Commission-Officer of every Garison and 10 Officers of the Fleet shall meet at a General Council to advise touching the Form of Government Monk as astonished at this Agreement and contrary to his wonted Reservedness told the Messenger That if the Honesty of some certainly the Prudence of them all was to be suspected and committed Wilks to Prison for transgressing his Commission and 't was observed he never was so much out of Humour as upon his Commissioners assenting to this Agreement for by this Agreement the Committee would consist of threefold more for England and Ireland than for Scotland and the General Council fourfold more so that Monk and all the Scots Officers would be at their disposing Dr. Gumble pag. 152 153. says While Monk was in this melancholy Mood not speaking or permitting any to speak to him one of Monk ' s Acquaintance who was of a pleasant and free Conversation came where Monk was who asked this Gentleman What he had to say to this Agreement Truly Sir says he I am come to make a little Request to you What 's that I wonder says Monk Even that says he you will sign me a Pass to go for Holland yonder is a Ship at Leith that is ready to sail What says Monk will you leave me He answers I know not how you may shift for your self by your Greatness but be confident they will never be at rest till they have torn you from your Command and what they will do with you then it concerns you to consider but for my self tho I am a poor Man I will never put my self into their Power for I know it will not be for my Safety What replies Monk hastily will you lay the Blame upon me If the Army will stick to me I will stick by them The Officers gave him Assurance they would for the Danger was common to them all And such a Joy among them hereupon succeeded that some expressed it with Tears ' T was said That Fleetwood was as fearful of Lambert upon this Agreement as Lambert was of Monk in case he would not agree to it Monk therefore wrote to Fleetwood That the News of a Pacification was very agreeable to him but that he found some things doubtful in the Conditions and other Matters not rightly transacted by his Commissioners that therefore that the Agreement might be more solid he desires the Number of the Commissioners might be encreased and Newcastle as a more proper place for the Meeting Fleetwood tho disswaded from it by Whitlock and others agrees to this and so does Lambert whereby he did not shew himself a great Statesman Monk now resolved not to submit to this present Committee of Safety in England sent Circular Letters to every Shire in Scotland to send to Edinburgh two Commissioners and to every Burrough to send one who met at Edinburgh where they granted Monk 30000 l. Sterling above the Assessments and proffered to assist him with 20000 Men if he pleased Monk accepts of the first and demurs upon the second but only desired of them to take Care in his Absence that no Disturbances should be and that they abjure King Charles and his Interest I know Dr. Gumble denies this latter yet I cannot believe the Scotish Writers about this time viz. two or three Years after should so positively affirm this which all Scotland must know to be a Lie if it were not so Monk having obtained this Aid in Scotland which was Treason to impose in England by this time Lambert being come to Newcastle sent three Regiments of Horse and one of Dragoons into Northumberland to seize on my Lord Grey of Werk's Rents but Monk prevented the Design having before done the Work and carried the Money into Scotland which Dr. Gumble says was after restored Hereupon Monk seizes Colonel Zanchy who was sent from Newcastle with Letters to proceed in an additional Treaty for Breach of certain preliminary Articles one whereof was That no Forces on either side should advance forward during the Time of the Treaty And now Monk advances to Coldstream a poor Place upon the Tweed and there pitches his Tents where he received Intelligence that the Forces in Ireland had declared for Monk and such as opposed his Designs were all secured This was managed by the Earls of Orrory and Montrath Sir Theophilus Jones the Warrens and Captain Fitz-Patrick who after did the King excellent Service in securing Dublin for him and others And sure it 's observable that as our Civil Wars began first from Scotland then from Ireland so first from Scotland then from Ireland should arise that Peace which after succeeded in England Rubicon thus passed all Terms of Accommodation ceased Monk's Army consisted of four Regiments of Horse and those pitiful ones commanded by Morgan Johnston Knight and Cloberry and six of Foot commanded by Major-General Morgan whom Lambert had sent to treat with Monk Fairfax Rede Lidcot and Hubblethorn Monk had this Advantage of Lambert That his Horses were well fed and his Souldiers lay in Tents whereas Lambert's Horse had nothing but what they plunder'd and his Foot were dispers'd into Quarters where they could get them And at this rate Lambert came to Newcastle Whilst these things were doing all was in a Hurlyburly in London The Apprentices rise and are suppressed by Hewson however the Citizens take the Rump's Vote for not paying Taxes without Consent of Parliament for good Law and therefore will pay none and the Country follow their Example The Souldiers too tho they would be glad of their Pay when they could get it yet agreed among themselves That their Officers might fight with one another if they pleased but the Souldiers would fight for none of them My Lord Fairfax and the York-shire Gentry rise against Lambert behind and Monk marches on before Portsmouth headed by Haslerig Walton and Morley declares for the Rump and Lawson Admiral of the Fleet stopt the Mouth of
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