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A57919 Historical collections of private passages of state Weighty matters in law. Remarkable proceedings in five Parliaments. Beginning the sixteenth year of King James, anno 1618. And ending the fifth year of King Charls, anno 1629. Digested in order of time, and now published by John Rushworth of Lincolns-Inn, Esq; Rushworth, John, 1612?-1690. 1659 (1659) Wing R2316A; ESTC R219757 913,878 804

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man that would not depend upon him among other men had me in his eye for not stooping unto him so as to become his Vassal I that had learned a Lesson which I constantly hold To be no mans servant but the Kings for mine Old Royal Master which is with God and mine own Reason did teach me so went on mine own ways although I could not but observe That so many as walked in that path did suffer for it upon all occasions and so did I nothing wherein I moved my Master taking place which finding so clearly as if the Duke had set some ill character upon me I had no way but to rest in patience leaving all to God and looking to my self as warily as I might But this did not serve the turn his undertakings were so extraordinary That every one that was not with him was presently against him and if a hard opinion were once entertained there was no place left for satisfaction or reconciliation What befel the Earl of Arundel and Sir Randal Crew and divers others I need not to report and no man can make doubt but he blew the Coals For my Self there is a Gentleman called Sir H. S. who gave the first light what should befal me This Knight being of more livelihood then wisdom had married the Lady D. Sister to the now Earl of E. and had so treated her that both for safeguard of her Honor blemished by him scandalously and for her Alimony or maintenance being glad to get from him she was inforced to endure a Suit in the High Commission Court So to strengthen his party he was made known to the Duke and by means of a Dependant on his Grace he got a Letter from the King That the Commissioners should proceed no further in hearing of that Cause by reason that it being a difference between a Gentleman and his Wife the Kings Majesty would hear it himself The Solicitor for the Lady finding that the course of Justice was stopped did so earnestly by Petition move the King that by another Letter there was a relaxation of the former restraint and the Commissioners Ecclesiastical went on But now in the new proceeding finding himself by Justice like enough to be pinched he did publickly in the Court refuse to speak by any Councel but would plead his cause himself wherein he did bear the whole business so disorderly tumultuously and unrespectively that after divers reproofs I was enforced for the Honor of the Court and Reputation of the High Commission to tell him openly That if he did not carry himself in a better fashion I would commit him to Prison This so troubled the yong Gallant that within few days after being at Dinner or Supper where some wished me well he bolted it out That as for the Archbishop the Duke had a purpose to turn him out of his place and that he did but wait the occasion to effect it Which being brought unto me constantly by more ways then one I was now in expectation what must be the issue of this great mans indignation which fell out to be as followeth There was one Sibthorpe who not being so much as a Batchellor of Arts as it hath been credibly reported unto me by means of Doctor Peirce Dean of Peterborough being Vice-Chancellor of Oxford did get to be conferred upon him the Title of a Doctor This man is Vicar of Brackley in Northamptonshire and hath another Benefice not far from it in Buckinghamshire But the lustre of his Honor did arise from being the Son-in-law of Sir Iohn Lamb Chancellor of Peterborough whose Daughter he married and was put into the Commission of Peace When the Lent Assizes were in February last at Northampton the man that Preached before the Judges there was this worthy Doctor where magnifying the Authority of Kings which is so strong in the Scripture that it needs no flattery any ways to extol it he let fall divers Speeches which were distasteful to the Auditors and namely That they had power to put Poll-Money upon their Subjects heads when against those challenges men did frequently mourn He being a man of a low Fortune conceived that the putting his Sermon in Print might gain favor at Court and raise his Fortune higher on he goeth with the Transcribing of his Sermon and got a Bishop or two to prefer this great Service to the Duke and it being brought unto the Duke it cometh in his head or was suggested unto him by some malicious body that thereby the Archbishop might be put to some remarkable strait For if the King should send the Sermon unto him and command him to allow it to the Press one of these two things would follow That either he should Authorize it and so all men that were indifferent should discover him for a base and unworthy Beast or he should refuse it and so should fall into the Kings indignation who might pursue it at his pleasure as against a man that was contrary to his service Out of this Fountain flowed all the Water that afterwards so wet In rehearsing whereof I must set down divers particulars which some man may wonder how they should be discovered unto me But let it suffice once for all that in the word of an honest man and of a Bishop I recount nothing but whereof I have good warrant God himself working means The matters were revealed unto me although it be not convenient that in this Paper I name the manner how they came unto me least such as did by well-doing further me should receive blame for their labor Well! resolved it is That I must be put to it and that with speed and therefore Mr. William Murrey Nephew as I think unto Mr. Thomas Murrey sometimes Tutor unto Prince Charls and the yong man now of the Kings Bed-chamber is sent unto me with the Written Sermon of whom I must say That albeit he did the King his Masters business yet he did use himself temperately and civilly unto me For avoiding of inquit and inquam as Tully saith I said this and he said that I will make it by way of Dialogue not setting down every days conference exactly by it self but mentioning all things of importance in the whole yet distinguishing of times where for the truth of the Relation it cannot be avoided Murrey My Lord I am sent unto you by the King to let you know that his pleasure is That whereas there is brought unto him a Sermon to be Printed you should allow this Sermon to the Press Archb. I was never he that authorised Books to be Printed for it is the work of my Chaplains to read over other mens writings and what is fit to let it go what is unfit to expunge it Murrey But the King will have you your self to do this because he is minded that no Books shall be allowed but by you and the Bishop of London And my Lord of London authorised one the other day Cousens
the zeal of our true Religion in which we have béen born and wherein by Gods grace we are resolved to die the safety of Your Majesties person who is the very life of Your people the happiness of Your Children and Posterity the honor and good of the Church and State dearer unto us then our own lives having kindled these affections truly devoted to Your Majesty And séeing out of our duty to Your Majesty we have already resolved to give at the end of this Session one intire Subsidy for the present relief of the Palatinate onely to be paid in the end of February next which cannot well be effected but by passing a Bill in a Parl●●mentary course before Christmas We most humbly beséech Your Majesty as our assured hope is that You will then also vouchsafe to give life by Your Royal Assent to such Bills as before that time shall be prepared for Your Majesties honor and the general good of Your people And that such Bills may be also accompanied as hath béen accustomed with Your Majesties Gracious Pardon which procéeding from Your own méer Grace may by Your Highness direction be drawn to that Latitude and Extent as may best sort with Your Majesties bounty and goodness And that not onely Felons and Criminal Offenders may take benefit thereof but that Your good Subjects may receive ease thereby And if it shall so stand with Your good pleasure That it may extend to the relief of the old Debts and Duties to the Crown before the First year of Your Majesties Reign to the discharge of Alienations without Licence and misusing of Liveries and Oustre le Maine before the first Summons of this Parliament and of concealed Wardships and not suing of Liveries and Oustre le Maines before the Twelfth year of Your Majesties Reign Which gratious Favor would much comfort Your good Subjects and ease them from vexation with little loss or prejudice to Your own profit And we by our daily and devout Prayers to the Almighty the Great King of Kings shall contend for a blessing upon our endeavors and for Your Majesties long and happy Reign over us and for Your Childrens Children after You for many and many Generations The House had sufficient cause to set forth the danger of true Religion and the Miseries of the Professors thereof in Foreign parts when besides the great wound made in Germany and the cruelties of the prevailing House of Austria the Protestants in France were almost ruined by Lewis the Thirteenth being besieged at once in several places as in Montauban by the King and in Rochel by Count Soysons and the Duke of Guise And for their relief the King of England prevailed nothing by sending of Sir Edward Herbert since Baron of Cherbury and after him the Viscount Doncaster Ambassador for Mediation The King having Intelligence of the former Remonstrance wrote his Letter to the Speaker To Our Trusty and Welbeloved Sir Thomas Richardson Knight Speaker of the House of COMMONS Mr Speaker WE have heard by divers Reports to our great grief That our distance from the Houses of Parliament caused by our indisposition of health hath imboldned the fiery and popular Spirits of some of the House of Commons to argue and debate publickly of the matters far above their reach and capacity tending to our high dishonor and breach of Prerogative Royal. These are therefore to command you to make known in our Name unto the House That none therein shall presume henceforth to meddle with any thing concerning our Government or deep matters of State and namely not to deal with our dearest Sons Match with the Daughter of Spain nor to touch the honor of that King or any other our Friends and Confederates And also not to meddle with any mans particulars which have their due motion in our ordinary Courts of Iustice. And whereas we hear they have sent a Message to Sir Edwin Sandis to know the reasons of his late restraint you shall in our Name resolve them That it was not for any misdemeanor of his in Parliament but to put them out of doubt of any question of that nature that may arise among them hereafter you shall resolve them in our Name That we think our self very free and able to punish any mans misdemeanors in Parliament as well during their sitting as after Which we mean not to spare hereafter upon any occasion of any mans insolent behavior there that shall be ministred unto us And if they have already touched any of these points which we have forbidden in any Petition of theirs which is to be sent unto us it is our pleasure that you shall tell them That except they reform it before it come to our hands we will not deign the hearing nor answering of it Dated at New-Market 3 Dec. 1621. Hereupon they drew up another Petition which they sent accompanied with the former Remonstrance Most Dread and Gratious Soveraign WE your most humble and loyal Subjects the Knights Citizens and Burgesses Assembled in the Commons House of Parliament full of grief and unspeakable sorrow through the true sence of your Majesties displeasure expressed by your Letter lately sent to our Speaker and by him related and read unto us Yet comforted again with the assurance of your grace and goodness and of the sincerity of our own intentions and procéedings whereon with confidence we can relie In all humbleness beséech your most Excellent Majesty that the loyalty and dutifulness of as faithful and loving Subjects as ever served or lived under a gratious Soveraign may not undeservedly suffer by the mis-information of partial and uncertain Reports which are ever unfaithful Intelligencers But that your Majesty would in the clearness of your own Iudgment first vouchsafe to understand from our selves and not from others what our humble Declaration and Petition resolved upon by the Universal voice of the House and proposed with your gratious Favor to be presented unto your Sacred Majesty doth contain Upon what occasion we entred into consideration of those things which are therein contained with what dutiful respect to your Majesty and your service we did consider thereof and what was our true intention thereby And that when your Majesty shall thereby truly discern our dutiful affections you will in your Royal Iudgment frée us from those heavy charges wherewith some of our Members are burthened and wherein the whole House is involved And we humbly beséech your Majesty that you will not hereafter give credit to private Reports against all or any of the Members of our House whom the whole have not censured until your Majesty have béen truly informed thereof from our selves And that in the mean time and ever we may stand upright in your Majesties grace and good opinion than which no worldly consideration is or can be dearer unto us When your Majesty had Reassembled us in Parliament by your Royal Commandment sooner then we expected and did vouchsafe by the mouths
of all such as should serve their Princes with the like loyalty had sent him a Blank signed by himself wherein he might set down his own Conditions both in point of Title and Fortune And this he did in no wise to oblige another Princes Subject but only to give encouragement to honest and faithful proceedings And therefore he would not make these offers in private but open and justifiable to all the world and would accompany all that he should do with a Declaration or Patent That what he had done for the Earl of Bristol was for the fidelity wherewith he had served his own Master Hereunto the Earl made answer That he was sorry and much afflicted to hear such language And desired that they should understand that neither this King nor Spain were beholding to him For whatsoever he had done he thought the same to be fittest for his Masters service and his own honor having no relation to Spain and that he served a Master from whom he was assured both of justice and due reward And nothing doubted but his own Innocencie would prevail against the wrong intended by his powerful Adversaries And were he sure to run into imminent danger he had rather go home and cast himself at his Masters feet and mercy and therein comply with the duty and honor of a faithful Subject though it should cost him his head then be Duke or Infantado of Spain And that with this resolution he would imploy the utmost of his power to maintain the Amity between the two Kings and their Crowns and to serve his Catholick Majesty After he had taken his leave and was ready to come away he had another Profer made unto him in private of Ten thousand Crowns to take with him in his purse to make his way and go through with his troubles if haply his own monies might be seised upon And it was told him no body should know it Yes said he one would know it who he was assured would reveal it to his Majesty viz. the Earl of Bristol himself and it would make him not so clear in his own heart as now he was and so he refused the offer The Match was now truly broken but as yet the breach was not declared nor the Treaty quite fallen to the ground but continued after a languishing manner in the hands of Sir Walter Aston The Spaniards by all Advertisements from England were advised to expect a War and accordingly they went seriously to work and prepared themselves for what might happen And Aston being there upon the place conceived it high time that King Iames should resolve upon some course to allay the storm arising or to go hand in hand with them in equal preparations All that was left alive of the Marriage-business was no more then that those Jewels which the Prince had left at his Farewel were not yet returned But if the Letter then expected from England brought no better Answer to their last Offer concerning the Palatinate then such as they had hither to received they will return the Jewels and declare the Marriage broken For by this time they had received intelligence of the Princes treating a Marriage with a Daughter of France the Lady Henrietta Maria. And so it was that King Iames had lately sent the Lord Kensington afterwards Earl of Holland to enquire covertly whether the Match were feasible before he would enter into a Publick Treaty The Lord Kensington returned this Accompt of his Negotiation That there appeared in the face of that Court an extraordinary sweetness smoothness and clearness towards an Alliance with England The Princess herself was observed seldom to have put on a more cheerful countenance then she had done the first night of his appearance in that Court The Queen though a Daughter of Spain wished this Match more then that intended with her own Sister And the Queen-mother who will have the chief stroke in the business expressed her good will and favor as much as might stand with her Daughters honor For the French observe the aspiring of the King of Spain to the Monarchy of Christendom and his approaches to the Kingdom of France and his encompassing it on all sides And they discern that an Alliance with England is the surest way to oppose the mightiness of that King And upon the same accompt they promised brave assistance to the United Provinces gave great encouragement to Count Mansfield and Duke Christian of Brunswick A Gentleman of the Religion was sent to Liege to offer them the Kings protection if that Town will seek it Nevertheless they have not directly embraced this Overture of Marriage because we have not as yet wholly abandoned the Treaty with Spain lest they should lose the Friendship of a Brother-in-law to gain another which may possibly fail them But they say that their hearts are not capable of more content then to see this Motion upon a Publick Commission and all that may touch upon the way of Spain dissolved Neither are they like to strain us to unreasonable Conditions in favor of the Roman Catholicks in his Majesties Dominions For in that matter their Pulse beats so temperately as to promise a good Crisis therein And in case his Majesty be drawn to banish the Priests and Jesuites and to quicken the Laws against other Catholicks to keep a good Intelligence with his Parliament yet they say they hope he will not tie his hands from some moderate favor to flow hereafter from the mediation of that State which is all they pretend unto for the saving of their honor who otherwise would hardly be reputed Catholicks Thus the Lord Kensington having rendred an accompt of his diligence advised to go on roundly with the Match lest otherwise though never so well affected they be altered with the Arts of Spain For saith he undoubtedly the King of Spain will resolve if possible to oblige one side And as the French do think he may please England with the restitution of the Palatinate so we may think he will please the French with rendring of the Valtoline But without the assistance of Parliament and compliance with the people the King could not go through with those weighty works which he was now to take in hand Now the things which troubled the People were set forth to the King in three particulars As That for the Subsidies granted in the two last Parliaments they received no retributions by Bils of Grace That some of their Burgesses were proceeded against after the Parliament was dissolved And that when they have satisfied the Kings demands he will nevertheless proceed to the conclusion of the Spanish Match Hereupon some of his nearest Council perswaded him to begin the work by removing the peoples Jealousies and to cast away some crums of his Crown amongst them and those crums would work miracles and satisfie many thousands And whereas the aim of the former Treaties was the setling of an universal peace in Christendom
making the same contemptible through the sale of it by the commonness of it Yet I am commanded further to observe another step of Unworthiness in this Gentleman who hath not only set Honor to sale by his Agents but compelled men likewise unwilling to take Titles of Honor upon them For the particular that Noble Gentleman that this concerns I am commanded to say of him from the House of Commons That they conceive of him that he was worthy of this Honor if he had not come to it this way They can lay no blame upon him that was constrained to make this bargain to redeem his trouble But we must distinguish of this as Divines do betwixt the Active and Passive Usurers they condemn the Active speaking favorably of the Passive And I must here observe to your Lordships by the direction of the House of Commons That it seems strange to them that this Great man whom they have taken notice of to be the principal Patron and Supporter of a Semipelagian and a Popish Faction set on foot to the danger of this Church and State whose Tenets are Liberty of Free-will though somewhat mollified That a man imbracing these Tenets should not admit of Liberty in Moral things And that he should compel one to take Honor and Grace from a King whether he will or no what is that but to adde Inhumanity and Oppression to Injury and Incivility But here I must answer a President or two which may be by misunderstanding inforced against me 5 H. 5. There was Martin and Babington and others which were chosen to be Serjeants and they did decline from it out of their modesty and doubted that their Estates were not answerable to their Place yet upon the Charge of the Warden of England they accepted it and appeared to their Writs Likewise there is a Writ in the Register That many by reason of the Tenure of their Lands may be compelled to be made Knights But this makes rather against then for this Faction For it is true that this is the wisdom and policie of the Common-Law that those that be thought fit men for Imployment may be drawn forth to be imployed for the good of the Commonwealth where otherwise they would not take it upon them But that any man for his own gain should force a man to take Degrees of Honor upon him certainly this is beyond all Presidents and a thing not to be exampled either in our Nation or any other And further I am commanded to tell your Lordships That it is dangerous that if a great Lord by his power or strength may compel a Subject to take such Honors why may he not compel them as well to take his Lands at what price he will and to sell them again as he thinks fit yea to marry his Children as it pleaseth him The conference of this is great if that it be well considered And they conceive that it is of so great a consequence that if it be not stopped it may come in time to make way for a dangerous Subversion and demonstrates a great Tyranny of a Subject under a most wise most gracious and most moderate King And thus my Lords I have done with the first Article allotted to my Charge and so I proceed to the next My Lords Before I enter into the enforcement of this Article I shall by way of Protestation from the House of Commons do in this as I did in the other Article And first for the Kings Majesty under whom we are now happily governed and placed I must by their direction say for his honor and our comfort and with humble acknowledgment confess That since his coming to the Crown there have been men of as great parts and learning advanced into Places in Church and Commonwealth as any have been heretofore And then for the first of those Lords whose names are mentioned in this Article I must say that they do not intend to reflect at all upon him nay they think his person so worthy as to be advanced to as high a place without any price at all and that he ought to have kept it longer if those that shuffled in those times had not shuffled him out Now to the matter of this Article which is the Sale of Places of Judicature being an offence And to prove this is all one as to make the glass clear by painting of it The grounds whereon I shall go shall be laid open Magna Charta cap. 29. The words are these Nulli vendemus nulli negabimus Justitiam It may be said this comes not close to my purpose Yet by your Lordships favor I shall make it good that it doth and I shall begin with the latter of the two first Nulli negabimus For if any that hath power or favor with the King should procure him to delay the making of Judges when there were Judges to take it it will not be denied that they do their best endeavor to make the King break his word For if any use their favor about the King to procure Places of Judicature for money they do what in them lies to make Justice it self saleable For it is plain that he that buyes must sell and cannot be blamed if he do sell. I shall open the evil Consequences that depend upon the sale of Places of Judicature or any Places of great trust 1. By this means unable men shall be sure of the precedence unto Places For they being conscious of their own want of Merits they must be made up by the weight in Gold 2. It must needs hence follow that Suits Contentions Brawls and Quarrels shall be increased in the Commonwealth For when men come to seats of Judicature by purchase they must by increase of Suits increase their own profit 3. Men will not study for sufficiencie of Learning to be able to discharge their Places but how they may scrape together Money to purchase Places 4. It will follow that those that have the best Purses though worst Causes will carry away the victory always 5. It will follow that when they be preferred for money to those Places they are tied to make the best of those Places viis modis And then the Great man that sold those Places to them must uphold them in their Bribery and he is tied to it because they are his Creatures nay further he is tied to support them in their Bribery to advance their Places upon the next remove 6. And lastly when good men and well deserving come to any Place they shall not continue there but they shall be quarrelled at so that there may be a vacancie in that Place and then some other shall suddenly step into the saddle by giving a competent price Upon these and the like reasons this fact of selling and buying Places and Offices of Trust hath not only been declaimed against by Christians but also by Moral Pagans Aristotle in his 5 lib. of Ethicks cap. 8. gives it as a Caveat That