next Year gave Reputation to these Rumours and here we end this Year 1615. being the thirteenth Year of King James his Reign Tho Turner Weston Elvis and Franklin were convicted and hanged last Year for the poisoning of Sir Thomas Overbury yet the Trial of the Earl of Somerset and the Countess was put off till the 24th of May this Year yet the Earl being a Prisoner and utterly cast out of the King's Favour the young Favourite Villiers having now no Competitor rose as fast upon the Earl's Ruin as he fell and began to appear in his own Colours from being Sir George and of the Bed-Chamber to the King in the beginning of the Month of January to be made Master of the Horse and upon the Conviction of the Earl and Countess the King seized upon the huge Estate of the Earl only allowing him 4000 l. per Annum during his Life as was said for the King reprieved the Earl and Countess too not only from Death but Imprisonment and the Earl 24 Years after saw his Daughter married to the now Duke of Bedford who proved to be the Mother of many Children whereof my Lord Russel cut off by King Charles the Second was one and a Lady of great Honour and Vertue The seizing of Somerset's Estate at present afforded a plentiful Harvest to our young Favourite and that proportionable Honours which were no burden to him might attend him upon the 17th of August he is created Viscount Villiers and Baron of Whaddon We will stay a little here and look abroad and see what Dishonour the King by his Prodigality to his Favourites and his ill Terms with his Subjects brought upon himself This Year seven of the twelve Years Truce made between the King of Spain the Arch-Dukes and the Dutch States in 1609. were worn out and now the Dutch hugely swelled their Tradeâ— not only in Europe and Africa but in the East-Indies and to Turkey but they could never be truly esteemed High and Mighty so long as the English possest the Brill Rammekins and Flushing which were the Keys of their Country and opened the Passages into and out of the Maese Rhine and Scheld They could not now pretend Poverty as they did to Queen Elizabeth for not payment of the Money with Interest upon Interest at 10 per Cent. which being two Millions when upon the Account stated between the Queen and them due Anno 1598. besides the Payment of the English in Garison in the Cautionary Towns this Year did amount to above six Millions of Money and how to get rid of this Debt and get the English out of the Cautionary Towns was the Design of Barnevelt and the States Barnevelt had his Eyes in every corner of the Court he observed the King was wholly intent upon his Pleasures exalting his Favourites and writing against Bellarmine and Peron against their King-killing and Deposing Doctrines and otherwise utterly neglected his Affairs both at Home and Abroad and by how much longer the King continued these Courses so much better might the States make a Bargain with him about restoring their Cautionary Towns but not as Merchants but Bankrupts The Truce between the Spaniard and them was above half expired and if the English should keep their Towns till the War broke out again the King might impose what Terms he pleased upon them Barnevelt also observed the ill Terms which the King was upon with his Subjects upon the Dissolution of the last Parliament about 14 Months before and imprisoning the Members for representing the Subjects Grievances which the King made worse by a Proclamation forbidding Men to talk of State-Affairs and that he doted upon and was wholly governed by Viscount Villiers a raw and unexperienced Gentleman in State-Affairs scarce of Age Upon these Considerations Barnevelt advised the States not to pay the English in Garison in their Cautionary Towns tho this was expresly contrary to the Agreement they made with Queen Elizabeth in 1598. The English debarred of their Pay apply themselves to the King for Relief the King was incensed at the Dutch and talked high what he would do but upon Repose he advised what to do the Lord Treasurer Suffolk told him there was no Money in the Exchequer to call a Parliament would be a work of Time and in the mean while the Souldiers in Garison in the Cautionary Towns must either starve or revolt besides the Wounds which the imprisoned Members had were so green that the Parliament in all likelihood would rather seek to cure them than supply the King's Necessities and starve or revolt the Souldiers might rather than the King would abate any thing of his Bounty to his Favourites Hereupon it was agreed That the King should enter into a Treaty with the Dutch concerning the Delivery of their Cautionary-Towns the Dutch expected it and had given Orders to their Ambassador here called the Lord Caroon to treat about it and what they would give the King must take and Caroon's Instructions were to give two hundred and forty eight thousand Pounds in full Satisfaction of the whole Debt which was scarce Twelve Pence in the Pound but was greedily accepted of by the King and his Favourites But how well this Agreement did sort with the Treaty made with the King of Spain and Arch-Dukes in August 1604 where in the 7th Article the King swears and promises in the Word of a King That in a competent time he would assign a Treaty with the Dutch States to acccept and receive Conditions agreeable to Justice and Equity for a Pacification to be had with the renowned Princes his dear Brethren which if the States shall refâ—se to accept his Majesty from thenceforward as being freed from former Conventions will determine of those Towns according as he shall judg it to be Just and Honourable wherein the said Princes his loving Brethren shall find there shall be no want of these good Offices which can be expected from a friendly Prince let the World judg Tho the Bargain were agreed yet the King and Courtiers were in fear the Money should not be paid accordingly and therefore the King wrote to the States in a Stile far differing from that he used to the Parliament for says my Author William de Britain fol. 12. the King told them He knew the States of Holland to be his good Friends and Confederates both in Point of Religion and Policy one as true as the other for the Religion of the Dutch was Presbytery which the King hated nor did he ever imitate their Policy therefore he apprehended not the least fear of Difference between them In Contemplation whereof if they would have their Towns again he would willingly surrender them So tho the Dutch got their Towns again yet the King got not all the Money for my Lord Treasurer Suffolk kept back so much of it as he was fined 30000 l. in the Star-Chamber for it and had not scaped so if Sir Francis Bacon then Lord Chancellor had
me more than any of his Predecessors and he may believe me that in any thing that shall concern him I will employ not only my Peoples Lives but my own Bravely spoken and like K. James and whosoever of his Subjects Lewis's shall rise against him either Catholicks or others shall find him James a Party for him Lewis 'T is true if he be provoked to infringe his Edicts he shall impart as much as in him lies by Counsel and Advice to prevent the Inconveniencies Who ever expected he should do more or ever did But Venus must not have the only Ascendant in this Treaty for the Cardinal will have Mars to be in Conjunction with her and 't was high time for at this time Monsieur Sobiez had provided a great Fleet of Men of War as Times went then with the French and had entered and surprised the Fort of Blavet in Bretaign and took and carried away six of the French great Men of War out of it and also taken the Isles of Rhe and Oleron which he began to fortify and being absolute Master of the Sea triumphantly with a Fleet of 75 Men of War of all sorts landed a considerable Force at Medoc near Bourdeaux The Court of France was never so alarmed as at this notwithstanding all the King's Victories over the Reformed by Land and therefore the Cardinal threw another Article into the Treaty That King James should lend the French a Fleet of Ships to repress Soubiez and in lieu thereof the French should permit Mansfield who had raised an Army of 10000 Foot and 2000 Horse in England to land at Calais where the French should join him with another Body of Horse and Foot for the Recovery of the Palatinate But see the French Faith and how well Lewis made good his Promise to King James to render him all Offices in his own Person whensoever King James should desire him for at this time the Army being shipt at Dover and put over to Calais where being denied Entrance and having no other Instructions and wanting Provisions they lay neglected at Sea and in this Distress a Pestilence raged among them so that they were forced to sail to Zealand where having no Orders they were denied Landing there and this being the most terrible Season of the Year in December what by Hunger Cold and Pestilence above two thirds of them perished before Leave could be obtained to land them in Holland so that they never did the King of Spain near so much Hurt as they had done in England before they were shipt living upon Plunder and Free-Quarter These were sad Presages of future Happiness from the designed Marriage yet these things no ways discomposed the quiet Repose of our pacifick King so as he might see his only Son married to a Daughter of France was all his Business no matter how The Thirst which God was his Judg and as he was a Christian King he had contracted equal to that of the wayfaring Man in the Desarts of Arabia and in danger of Death for want of Water for the good Success of the Parliament is now asswaged by the granting of three Subsidies and three Fifteenths Here 's no mention of marrying his only Son with the Tears of his only Daughter and he is still ready with the Lives of his Subjects and his own to assist the most High most Excellent and most Puissant Prince his most dear and most beloved Brother Cousin and antient Ally Lewis The Managers of this Treaty were Hay a Scots-man created Earl of Carlisle and the Lord Kensington for the more Honour of it created Earl of Holland two of the King's Favourites of the second Rate but who bare no proportion to the Sagacity Wisdom and Integrity of the Earl of Bristol Bristol was all Heare of Oak and would not bend to Buckingham's Pride and Ambition but they were Willows that were liable to every Nod and Wind of Buckingham's Breath But how comes Buckingham who must have an Oar in every Boat to be absent from this Treaty The Reason was tho he were not wise yet he was jealous lest King James in his Absence should hear Bristol against him as the King had promised as well as he had heard Buckingham against him which was so dangerous a Rock as our Land-Admiral would not venture to run against Notwithstanding all this Haste for consummating this desired Marriage the Thread of the King's Life was spun out before for upon the 27th of March Ann. 1625. he died at Theobalds in the 58th Year of his Age having reigned twenty two Years compleat Having had an Ague the Duke of Buckingham did upon Monday the 21st before when in the Judgment of the Physicians the Ague was in its Declination apply Plaisters to the Wrists and Belly of the King and also did deliver several quantities of Drink to the King tho some of the King's Physicians did disallow thereof and refused to meddle further with the King until the said Plaisters were removed and that the King found himself worse hereupon and that Droughts Raving Fainting and an intermitting Pulse followed hereupon and that the Drink was twice given by the Duke 's own hands and a third time refused and the Physicians to comfort him telling him that this second Impairment was from Cold taken or some other Cause No no said the King it is that which I had from Buckingham I confess this was but a Charge upon the Duke upon the Impeachment of the Commons as you may read in Rushworth fol. 355 356. yet it was next to positive Proof for King Charles rather than this Charge should come to an Issue dissolved the Parliament which was a Failure of Justice tho the Commons had voted him four Subsidies and four Fifteenths before it was passed into an Act. The Character of King James He was the first of that Name King of England and the first King of the whole Isle of Britain and the first King since Henry the first that was born out of the Allegiance to the King of England and was the first at least since Rich. 2. that affected and endeavoured to introduce an Arbitrary Power in England foreign to the Laws and Constitutions of it and in all his Reign was more governed by Flatterres and Favourites than by the Advice of his Parliament or a wise Council His Flatterers and Favourites seldom spake of him but under the Appellation of Most Sacred rarely I think or never before used to any of the Kings of England and of the Solomon of the Age though never were two Kings more unlike unless it were in their Sons Charles and Rehoboam for Solomon died the richest of all the Kings of the World King James the poorest Solomon was inspired above all other Kings with Wisdom and his Proverbs Divine Sentences for Improvement of Vertue and Morality whereas this King's Learning wherein he and his Flatterers so much boasted was a Scandal to his Crown for all his Writings against Bellarmine and
ordered it that before the King should come at it he should pass through a Room wherein he had placed four Tables and upon each Table lay 5000 l. in Silver when the King came into the Passage he started and was amazed at the sight having never before seen such a Sum he asked the Treasurer the meaning of it who told the King It was the Boon he had given Sir Robert Carr Swounds Man the Oath he usually swore but five thousand should serve his turn and so for that time the Treasurer saved the King the other fifteen thousand Pounds To support these Favourites and other of the King's Country-men of less Note was all the King's Care notwithstanding his Foreign Affairs or his Proclamation at his first coming to London against Monopolies or his Speech at the opening of the Parliament But since Money cannot be had by Parliament other means must be found out There were many ways used for raising Monies during this Interval of Parliament First Monopolies which swarmed more than in any King's Reign before Secondly Payments for new invented Knighthoods never before heard of in England in Times of Peace called Baronets the Prince was 1000 l. and the King to quicken the Market promised to make but 200 of them tho when this Market was done he kept it up all his Life-time after Thirdly Tho the Baronets paid for their Honours yet the King issued our Commissions for reviving the old Obsolete Laws for making Men which could expend 40 l. per Annum to compound for not being Knighted Fourthly Payments for being made Knights of Nova Scotia Fifthly The purchasing of English Honours at certain set Prices a Baron at 10000 l. a Viscount at 15000 l. an Earl at 20000 l. Sixthly Payments for Scotish and Irish Honours I do not find set Prices of these Scotish Honours of the same Title to have the Precedence of an Irish as a Scotish Baron Viscount or Earl to have the Precedence of an Irish and tho an English Honour of like Degree had the Precedence of either of the other yet if either of the other had a higher Title he should precede an English Peer under a less as a Scotish or Irish Viscount shall precede an English Baron so such an Earl shall precede an English Viscount Seventhly Compositions upon defective Titles Eighthly Compositions for Assart Lands Ninthly Monies for making Prince Henry Knight Tenthly Monies to marry the Lady Elizabeth to the Palsgrave Eleventhly A Benevolence Twelfthly Monies borrowed upon Privy-Seals and never repaid besides Sales of Lands Woods and Fee-farm Rents c. During this Interval of Parliament was perpetrated a most horrible Murder upon the Person of Sir Thomas Overbury which is the more remarkable if it be considered how far tho the King detested the Fact Favourites had the Ascendant over the King and how the King influenced the Causes of this Murder and that the Story may more intirely consist it will be necessary to borrow a little of common Fame Sir Robert Carr was made Viscount Rochester the 25th of March 1610 and upon the 22d of April following was made one of the King's Privy-Council and having the Ascendant above all other Favourites over the King he chose a Council of some Persons how to advance himself in this great Power Of these Sir Thomas Overbury a Gentleman of brisk and lively Parts was the chief who had as much an Ascendant over the Lord Rochester as he had over the King and as Rochester was a Favourite so was Thomas Earl of Suffolk who had a Daughter named Frances married to Robert Earl of Essex Son of Robert cut off in the last Year of Queen Elizabeth who after was General of the Army raised by the Parliament in the late Civil Wars Tho of disagreeing Humours the Earl and Countess were of agreeable Years when they were married both about the Age of twelve Years and now had lived above ten Years without any Carnal Knowledg of one with the other as both confessed when the Countess sued for a Divorce whereto the Countess was intolerably bent and if publick Fame may be credited and which is attested by a Writer of the first 14 Years of King James his Life chap. 7. she entred into a Conspiracy with one Ann Turner to have poisoned the Earl But how cold soever the Countess was in her Affections to the Earl they were not less on fire to my Lord of Rochester and that these Flames might soar in an equal height the Countess by the help of Mrs. Turner procures one Doctor Foreman as he was called to bewitch Rochester into equal Desires of mutual Love with the Countess and now Familiarity between the Countess and Rochester becomes publickly scandalous However the Earl continued his Love to the Countess but withal acquainted her with the Dishonour she brought upon him and more upon her self by her loose Life which was now become so publickly taken notice of this was so far from reclaiming the Countess that it stung her to the quick and instead of Reformation she by Letters to Mrs. Turner who the Countess says is all her hopes of Good in this World and by her to Dr. Foreman whom she calls sweet Father and subscribes her self his Affectionate Daughter Frances Essex endeavours to procure the Doctor to bewitch the Earl to Frigidity towards her Sir Francis Bacon in his Charge against my Lord Rochester after Earl of Somerset at his Trial for the Murder of Sir Thomas Overbury gives Sir Thomas hard words as That there was little in him that was solid for Religion or Moral Vertue but was wholly possest with Ambition and vain Glory and was loth to have any Partners in my Lord of Rochester's Favour and that to flatter my Lord in his unlawful Love with the Countess of Essex Sir Thomas had made his Brags that he had won Rochester the Love of the Countess by his Letters and Industry But these stoln Pleasures could not satisfy the Countess's Desires and that she might enjoy them to be compleat she endeavours since the Design of poisoning the Earl did not succeed to make way to her Desires of marrying Rochester by suing out a Divorce against the said Earl which she acquaints Rochester with and Rochester and the Countess acquaint the Earl of Northampton who before was privy and consenting to the Familiarity between them and was easily induced to join in procuring a Divorce Tho this was agreed between them yet the Viscount would not proceed further till he had consulted Sir Thomas Overbury protesting he the Viscount would do nothing without his Advice Sir Thomas told him The marrying the Countess would not be only hurtful to his Preferment but helpful to subvert and overthrow him and who would being possest of so great Possibilities as he was so great Honours and large Revenues and daily in expectation of others cast all away upon a Woman noted for her Injury and Immodesty and pull upon himself the Hatred and Contempt
to do it Yet this Adventure must be run because Buckingham would have it so so pur-blind nay stark-blind does Poverty and Covetousness make Man's Understanding and Reason But that we may take all before us let 's see in what Esteem King James was with the Spaniards which might encourage him to pursue this Adventure In their Comedies in Flanders they imitated Messengers bringing News in haste that the Palatinate was likely to have a numerous Army shortly on foot For the King of Denmark would shortly furnish them with a thousand Pickled-Herrings the Hollanders with one hundred thousand Butter-Boxes and England with one hundred thousand Ambassadors They pictured King James in one place with a Scabbard without a Sword in another with a Sword which no body could draw out tho divers Persons stood pulling at it In Brussels they painted him with his Pockets hanging out and not one Penny in them and his Purse turned upside down In Antwerp they pictured the Queen of Bohemia like a poor Irish Mantler with her Hair hanging about her Ears with her Child at her Back and the King James carrying the Cradle after her and every one of the Pictures had several Motto's expressing their Malice Such Scorns and Contempts were put upon the King James and in him the whole Nation See the Preface to the History of the first 14 Years of the Reign of King James and Wilson fol. 192. But tho Buckingham pursued this Match with such Eagerness yet when it came to his Management in Spain where the King's Proclamations forbidding Men to talk of State-Affairs had no effect he proceeded wrong in every step of it and to gratify his Ambition and Personal Disgusts was the first and principal Instrument to break it off but that we may not insist upon Generals 1. The Prince's coming to Spain and thereby putting himself into the King of Spain's Power brake all the Earl of Bristol's Measures whereupon the Negotiation and all the Particulars of the Marriage was settled and the Negotiation was put into a new Form See Rushw Collect. fol. 286. Objection This was but a Charge by the Earl of Bristol against the Duke who prosecuted the Earl of High Misdemeanors and therefore no Proof against the Duke Answer Yet the Honour of so great a Statesman and faithful a Counsellor as the Earl was who had so honourably served the King in seven foreign Embassies and had by the Expence of 10000 l. saved Heidelburg from falling into the Hands of the Spaniard and having upon the Dissolution of the last Parliament given the King 500 l. upon the Benevolence and never received a Check from the King in all his Negotiations but always honourable Testimonies from him for his faithful Services before Buckingham broke in upon him may go a great way But it seems to me to be a clear Proof upon Buckingham for Bristol twice answered Articles preferred against him without any Reply whereas rather than Buckingham should answer Bristol's Charge King Charles dissolved his second Parliament 2. Buckingham had not learned the Verse which is taught to every School-boy Quum fueris Romae Romano vivito more for being French bred he appeared in a French Garb most hateful to the Spaniards and by his Familiarity with the Prince he seemed rather the Prince's Guardian and Companion than Follower which disrelished the Court of Spain and the Spaniards in general who are grave sober and wary 3. He by contrary Methods opposed all the Earl of Bristol's Methods nay fell at odds with him tho without Comparison he was the ablest Statesman in all King James his Councils 4. Whereas all other Ambassadors and Statesmen in all great Affairs make their Court to the King's Council and prime Ministers of State to attain their Ends Buckingham fell at open Defiance with Olivares prime Minister of State in Spain and 't was generally said made his Court to the Countess which she acquainted her Husband with and instead of the Countess put a tainted Whore to Bed with him 5. The Earl of Bristol in the 9th Article of his Charge against him shews what a Scandal Buckingham gave by his Personal Behaviour in Spain and also employing his Power with the King of Spain for procuring Favours and Offices which he bestowed upon base and unworthy Persons for the Recompence and Hire of his Lust These things as fit neither for the Earl of Bristol to speak nor the Lords to hear he left to their Lordships Wisdom how far they please to have them examined It having been a great Infamy to this Nation that a Person of the Duke 's great Quality and Employments a Privy-Counsellor and Ambassador eminent in his Majesty's Favour and solely in Trust with the Prince should leave behind him in a Foreign Court so much Scandal as he did by his ill Behaviour 6. The Earl of Bristol's sixth Article against Buckingham is That his Behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers that they would admit of no Reconciliation nor farther Dealings with him Whereupon he seeing the said Match would be to his Prejudice he endeavoured to break it not for any Service to the Kingdom nor of the Match it self nor for that he had found as since he pretended the Spaniards did not really intend the said Match but out of his particular Ends and Indignation And the 7th Article says 7. That after he intended to cross the said Match he put in practice divers undue Courses as making use of the Prince's Letters to his own Ends and not as they were intended as likewise of concealing things of high Importance to the King James and thereby to overthrow the King's Purposes and advance his own Ends. Nor had my Lord Keeper Williams any better luck in this Adventure of Buckingham's than the Earl of Bristol or Olivares for tho the Prince's going into Spain was concealed from the Keeper as well as Council yet after the Duke was gone the Keeper's Letters followed him to Madrid wherein the Keeper advised him to be circumspect in all his Actions that no Offence might be taken at any of them by the King and Ministers of Spain and to be advised by the Earl of Bristol not only as a most able Statesman but above all others the most experienced in the Manners of the Spaniards and Court of Spain but this Buckingham took as ill Manners in the Keeper and was an occasion of his quarrelling with him as you may read in the Life of the Lord Keeper written by the Bishop of Litchfield and Coventry But neither the danger of the Prince in Spain nor the cross-grain'd going of the Match any way abated the King's Favour to his beloved Scholar and Disciple Buckingham but he sent after him the Patent of being created a Duke there being not another of England So that now he is become Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villiers Baron of Whaddon Great Admiral of
Marquess clearly and upon what Guard he should stand Yes said the Keeper and to that purpose I have dispatched some Pacquets Then continue says the King to help me and them in those Difficulties with your best Powers and Abilities and serve me faithfully in this Motion which like the highest Orb carries all my Raccalta's my Counsels at present and Prospects upon the future with it and I will never part with you Which you may read in the first part of the Keeper's Life fol. 115. tit 127. The Keeper hereupon continues to prosecute this Advice to the Marquess after Duke but hereby lost the Duke's Favour who ever after sought all means to ruin the Keeper which tho he could not effect in King James his Reign he did it in the first Year of his Son 's But when the King understood that the Contraventions of the Duke with Olivares and Bristol was like to make a Rupture in the Treaty he then began seriously to consider with himself the fickle State he stood in both at home and abroad if the Marriage succeeded not all the two Subsidies he had granted him by the Parliament and the Benevolence he had raised after upon his Subjects by his own Authority was expended and a great Debt contracted besides he also besides the Benevolence stood upon ill Terms with his Subjects for petitioning him against the Spanish Match and asserting their Privileges by imprisoning them after he had dissolved the Parliament the like whereof was never before done by any of his Predecessors and now Buckingham had so violently caused a Rupture of the Match wherein he placed his sole Felicity he had not Courage so much as to frown upon him who could contribute no Relief whereas he dissolved the Parliament and imprisoned the Members upon their Advice against the Match who could have relieved him in his Necessities besides he now saw that Buckingham by his Audacity more worshipped the Sun in its Rise than in its Declination Now did he not know to whom he should complain nor was there any about him but the Keeper who durst give him any Advice In case a Rupture happened the King after all this wild Expence of Foreign Embassies and the Charge of his Son's Voyage to Spain would be despised by all Foreign Princes and States in case he did not endeavour to recover his Son-in-law's Patrimony which would in all appearance bring on a War between him and the Emperor and King of Spain who kept nothing from him and therefore had no cause to make War upon either Besides in case the King made War for the Recovery of the Paâ—atinate he could not hope to do it upon his own single account but in Conjunction with Foreign Confederates and above all with the States of the Vnited Netherlands who now had renewed the War against the King of Spain the Truce made between them and the King of Spain in 1609 being expired But how uniust would this be for the King to make War upon the Emperor and King of Spain who kept nothing from him and join with the Dutch herein who against the Treaty made between the King and them but three Years before viz. in 1619 kept from the King and his Subjects the Isles of Amboyna Seran Nero Waire Rosingen Latro Cambello Mitto Larica Lantare Polaway and Machasser in the East-Idies and Cabo de Bon Esperanza in Africk But the Impolicy of such an Alliance would be as great as the Injustice of it for hereby the English must lose the benefit of the Spanish Trade which above all others enriched the Nation and the King his Customs which above any other did arise from it These Considerations fixed in the King's Mind fearful of any War so cleft his Heart That as the Bishop of Litchfield observes he effected neither yet he submitted himself to be ruled by some whom he should have awed by his Authority but wanted Courage to bow them to his Bent. A Prince that preserves not the Rights of his Dignity and the Majesty of his Throne is a Servant to some but a Friend to none and least to himself as you may see in his Book fol. 167. tit 173. In these Perplexities the King saw no visible Means under Heaven to relieve him but by closing with his next Parliament and it was observed that some Impressions were gotten into the King's Mind that he was so resolved to be a Lover of Parliaments that he would close with the next that was called nor was there any likelihood that any Man's Incolumity tho it were his Grace himself should cause an unkind Breach between him and his People This Resolution of the King 's was not concealed from a Cabinet or Cabal of the Duke's which met at Wallingford-House who hereupon set up to consider what Exploit the Duke should commence to be the Darling of the Commons and as it were to re-publicate his Lordship and to be precious to those who had the Vogue to be the chief Lovers of their Country and resolve that all Attempts would be in vain unless the Treaty of the Spanish Match were quash'd and that the Breach thereof should fall upon the Duke's Industry so that what the Duke did before in spite to Olivares and Bristol he now pursues for his own Safety tho the King had little reason to thank him for it See the first Part of the Keeper's Life fol. 137. tit 147. And this took such Impression in the Duke that the Bishop heard the Duke afterward in the Banqueting-House before the King and both Houses of Parliament ascribe to himself the sole Glory of breaking the Spanish Match and you will soon see how the Prince and Duke after their return from Spain over-awed the King and made his Authority bow to their Bent for notwithstanding Buckingham blasted all the Raccalta's of his Counsels and the Prospect of his future Happiness placed in the Spanish Match yet he shall become the Duke's Advocate herein and note his Fidelity Constancy and Conduct in breaking it off and from his Disciple become his Master and teach him that Dolosus versatur in Generalibus and also keep back the Earl of Bristol from coming to the Parliament that he might not spoil the â—ine Tale the Duke had told yet at other times the King would say If he had sent Williams into Spain with his Son he had kept Heart-ease and Honour both which he lacked See the first part of the Bishop of Litchfield fol. 168. tit 174. The Duke thus doubly engaged resolved to break the Spanish Match and to dispose the King James to it the Prince writes to him That he must look upon his Sister the Queen of Bohemia and her Children never thinking more of him and forgetting he ever had such a Son Though it be evident the generous Spaniards were far enough from entertaining such a thought however Buckingham's Behaviour might have prompted them to it that by the Authority of Litchfield and Rushworth they entertained him
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
a narrow point but there is no point in Generalities relying upon their general Propositions of which I do not find neither the King nor the Prince or Buckingham after him named one he found when they came there the Matter proved so raw as if it had never been treated of they generally giving them easy way to evade and affording them means to avoid the effecting any thing But it seems there were Particulars which the King would not then discover but left them to the Prince and Buckingham to relate As for a Toleration of the Roman Religion As God shall judg him he said he never thought nor meant nor never in word expressed any thing that savoured of it How was Arch-bishop Abbot mistaken when he wrote his disswasive Letter against the King's Proclamation for the Toleration of Religion to Roman Catholicks See Rushworth fol. 85. And how was my Lord Keeper Williams mistaken after the King had directed him and other Commissioners to draw up a Pardon for all Offences past by Roman Catholicks with a Dispensation for those to come obnoxious to any Laws against Recusants and then to issue forth two general Commands under the Great Seal the one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them and tho the Keeper past the Pardon as fully and amply as the Papists could desire to pen it yet the Keeper put some stop to the vast Prohibition to the Judges and Bishops for the Reasons he gave First Because the publishing of this General Indulgence at one push may beget a general Discontent if not a Mutiny but the instilling thereof into the Peoples knowledg by little and little by the Favours done to Catholicks might indeed loosen the Tongues of a few particular Persons who might hear of their Neighbours Pardon and having vented their Dislike would afterward cool again and so his Majesty might by degrees with more convenience enlarge his Favours Secondly Because to sorbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Laws of the Land is a thing unprecedented in this Kingdom and would be a harsh and bitter Pill to be digested without some Preparative But this Delay disgusted the Spanish Ambassador which you may read in Rushworth fol. 101. And as God was his Judg he never thought nor meant nor ever in Word expressed any thing that savoured of a Toleration of the Popish Religion So God was his Judg and he spake as a Christian King Never any wayfaring Man that was in the Desarts of Arabia and in danger of Death for want of Water to quench his Thirst more desired Water than he did thirst and desire the good and comfortable Success of his Parliament and Blessing upon their Counsels that the good Issue of this may expiate and acquit the fruitless Issue of the former and prayed God their Counsels may advance Religion and the publick Weal and they of him and his Children You may read the Speech at large in Rushworth fol. 115 116 117. But tho the King gloried that he had ever endeavoured to procure and cherish the Love of his People to him which the Lords and Commons did represent yet the Commons could remember a time not out of mind with the King for they chose that honourable Gentleman Sir Thomas Crew newly returned from his Exile into Ireland whither the King had sent him as one of the ill-tempered Spirits who advised him against the Spanish Match and presumed to assert the Privileges of the Commons for their Speaker After the Ceremonies of Opening the Parliament and the Choice of a Speaker was over the first thing that appeared upon the Stage of Affairs was the Narrative of the Proceedings in the Spanish Match made by the Duke of Buckingham and assisted by the Prince Which you may read at large in Rushworth from fol. 119 to 125. I shall not descant upon this long Narrative but leave the Answering of it to the Earl of Bristol but only take notice of the Preamble of the third Article of the Duke 's Narrative and the latter part of the fourth The Preamble of the third Article is It is fit to observe this Passage which is the thing whereupon all his Highness's the Prince's subsequent Actions did depend He had never staid a Sennight longer in Spain he had never left any Proxy with Bristol he had never taken the Oath at the Escurial or ever so much as have written a Letter of Compliment to the Lady but that he had still before his Eyes as his Cynosure the Promise made by the Conde I think the Duke meant Olivares for the Restitution of the Palatinate Why was this Treaty between King James and the Conde Or if the Restitution of the Palatinate were the Foundation upon which the whole Treaty moved Why was it not so much as mentioned in all the Treaty so solemnly sworn to by both Kings the Prince and Buckingham himself Nay King James himself by two several Expresses to the Earl of Bristol the first of the 14th of May 1621. and the other of the 30th of December 1623. commanded him That he should not make the Business of the Palatinate a Condition of the Marriage as you may read in Rushworth fol. 302. For the better understanding of Buckingham's Narrative in the fourth Article it is fit to take notice That the Reason in the Instrument for not pursuing the Proxies of the Marriage so solemnly sworn to by the Prince and Buckingham himself was not for the Restitution of the Palatinate but forsooth for fear the Infanta might retire into a Cloister and so deprive the Prince of a Wife tho the Infanta so far as the Gravity of the Spaniards would permit ever expressed an entire Affection to the Prince so that when the Prince took leave of the Infanta she seemed to deliver up her Heart to him in as high Expressions as that Language and her Learning could with her Honour set forth for when the Prince told her His Heart would never be out of Anxiety till she had passed the intended Voyage and were safe on the British Land she answered with a modest Blush That if she were in danger upon the Ocean or discomposed with the rolling brackish Waves she should chear up her self and remember all the way to whom she was going As you may read in the Life of Williams Lord Keeper fol. 161. tit 168. And Mr. Rushworth fol. 104. says She caused many divine Duties to be performed for the Prince's Return In the Proxies left with the Earl of Bristol there was a Clause inserted De non revocando procuratore as much as to say irrevocable And because the Earl did in his Letter to the Prince of the First of November in 1623 press this vehemently to the Prince the Prince vowed openly before both Houses that he had never by Oath nor Honour engaged himself not to
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
more but to tell me who is your Ingineer that struck these Sparks out of the Flint to light the Candle to find the Groat which was lost The Prince stood mute and the Duke vowed he knew not the Author Well said the King I have a good Nostril and will answer mine own Question my Keeper had the main finger in it I dare swear he bolted the Flower and made it up into Past Sir said the Prince I was precluded by my Promise not to reveal him but I never promised to tell a Lie for him your Majesty has hit the Man And God do him good for it says the King I need not tell you both what you owe him for this Service he has done himself this Right with me that I discern his Sufficiency more and more This you may read in the Keeper's Life Part 1. from fol. 195 to fol. 200. and much more of the Bishop but I think but little more of the Keeper And tho the Spanish Ambassador received a sore Rebuke here and was sent back into Spain the Bishop says he received no Frown nor Disfavour there Now let 's see how the Duke requited the Keeper for his Service which was but in May In the beginning of Michaelmas-Term following the Duke perswaded my Lord Chief Justice Hobart to tell the King or give it under his hand that my Lord Keeper was not fit for the Place and he would undertake to cast the Keeper out and put my Lord Hobart into his place but my Lord Hobart said Somewhat might have been said at first but he should do my Lord Keeper great wrong that said so now See fol. 201. However such was the Temper of the Times that both Houses chimed in with the Duke in his Narrative and justified him against the Spanish Ambassador who took great Offence at the Duke's Relation as reflecting upon his Master's Honour and demanded his Head for Satisfaction The King was so pleased with the Parliament's Justification of the Duke as we have shewed before that as he had been his Favourite Somerset's Advocate to plead his Cause against the Opinion of Archbishop Abbot to make the Countess of Essex to be virgo intacta and so a fit Wife for Somerset so now he becomes his Disciple Buckingham's Advocate to make him a Favourite to the Nation and because of the Excellency and veracity of his Speech which should dispose the Nation to it we 'll give it you verbatim as it is to be seen in Rushworth fol. 127. My Lords and Gentlemen I Might have nothing to speak in regard of the Person whereof you spake but in regard of your Motion it were not civil for if I be silent I shall neither wrong my self nor that Noble Man which you now spake of because he is well known to be such an one as stands in no need of a Prolocutor or Fideâ—ussor to undertake for his Fidelity or well carrying of the Business And indeed to send a Man upon so great an Errand whom I was not to trust for the Carriage thereof were a Fault in my Discretion scarce compatible to the Love and Trust I bear him It is an old Saying That he is a happy Man that serves a good Master and it is no less true That he is a happy Master that enjoys a faithful Servant The greatest Fault if it be a Fault or at leastwise the greatest Error I hope he shall ever commit against me was his desiring this Justification from you as if he had need of any Justification from others towards me and that for these Reasons First Because he being my Disciple and Scholar he may be assured he will trust his own Relation Secondly Because he made the same Relation to me which he did afterwards to both Houses so as I was formerly acquainted with the Matter and Manner thereof and if I should not trust him in the Carriage I was altogether unworthy of such a Servant He hath no Interest of his own in the Business He had ill Thoughts at home for his going thither with my Son altho it was my Command as I told you before and now he hath as little Thanks for his Relation on the other part he has the Thanks of the Parliament yet he that serves God and a good Master cannot miscarry for all this I have noted in the Negotiation these three remarkable things Faith Diligence and Discretion whereof my Son has born Record unto me yet I cannot deny That as he thought to do good Service to his Master he has given an ill Example to Ambassadors in time to come because he went this long Journey upon his own Charge This will prove an ill Example if many of my Ambassadors should take it for a Precedent He run his Head into the Yoke with the People here for undertaking the Journey and when he had spent there 40 or 50000 l. where should he have this Money never offered his Account nor made any Demand for the same nor ever will I hope other Ambassadors will do so no more I am a good Master that never doubted him for I know him to be so good a Scholar of mine that I say without Vanity he will not exceed his Master's Dictates and I trust the Report not the worst he made because it is approved by you all and I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I find you have done Did ever any old experienced King as he stiles himself so dote upon a young raw and unexperienced Gentleman bred up in no sort of Learning or Business and scarce before he became a Courtier unless in his Infancy breathed any other than French Air as in the face of the Nation to magnify an invidious Tale told by the Duke to the Offence not only of the Spanish Ambassador conversant in the whole Affair but also without hearing the Earl of Bristol who was the greatest Statesman of England if not in Europe and who had so honourably performed several Embassies to the Honour of the King so far as the thing would bear and so manifoldly owned by the King That this Scholar of the King 's unacquainted with the Treaty should break in upon the Earl and not only unravel all but quarrel with him and in another King's Court with the prime Minister of State by whom he might best have attained his End if he designed any However the Parliament address themselves to the King and represent to him That he cannot in Honour proceed in the Treaty of the Match with Spain nor the Palatinate and the Commons offer the King three Subsidies and three Fifteenths for carrying on the War for the Recovery of the Palatinate in case the King will break off the Treaties which the King accepted protesting to God a Penny of this Money should not be bestowed but upon this Work and by their own Committees and the Commons took him at his Word and appointed
thereupon referred this Business to my Lord Keeper Williams my Lord Treasurer Cranfield the Duke of Richmond Marquess Hamilton the Earl of Arundel the Lord Carew and the Lord Belfast who all agreed that they could not say that the King of Spain had done the part of a Friend in the Recovery of the Palatinate as he had professed nor could find that he had acted the Part of an Enemy declaredly as the Duke objected and indeed my Lord Keeper's Reasons against the War governed all the rest that saw no Expediency for War upon the Grounds communicated by Buckingham And 't was more observable that during the whole Treaty while Buckingham was in Spain the Business of the Palatinate was never mentioned and now he is come out of it it must be the Cause of a War with the King of Spain The Keeper's Reasons were Vpon whom shall we fall Either upon the Emperor or King of Spain the Emperor had in a sort offered the King his Son-in-law's Country again for Payment of a great Sum of Money in recompence of Disbursments but where was the Money to be had yet it might be cheaper bought than conquered before a War was ended For the King of Spain he saw no Cause to assault him with Arms He had held us indeed in a long Treaty to our Loss but he held nothing from us and was more likely to continue the State of things in a State of Possibility of Accommodation because he disliked the Duke of Bavaria's Ambition and had rather stop the Enlargement of his Territories The King embraced this Advice nor did he stay here yet did not stay long but spake hardly of Buckingham who would have put him upon making War upon the King of Spain and the King's Censure upon him was so bitter Cabal Page 92. that it was fit to be cast over-board in Silence says the Bishop of Litchfield f. 169 170. tit 175. This Resolution of the Council was so little to the Duke's Satisfaction that the Bishop says in the same Tit. that it made the Duke rise up and chafe against them from Room to Room as a Hen that had lost her Brood and clucks up and down when she has none to follow her Nor did the Duke stop here but notwithstanding the fierce Anger of the King and his not answering one of the Keeper's Reasons he appealed from the Judgment of the Council to the Parliament Sure he durst not have done this if he had not been sure of the Prince to second him against the Opinion and Anger of his Father This was the third inexpiable Crime the Keeper had committed against the Duke the first was his Advice to the Duke when he was in Spain to hold a good Correspondence with the Earl of Bristol and Olivares but finding the contrary by a Letter to the Duke of the 28th of June which you may read in the Bishop of Litchfield's Life of Bishop Williams fol. 136. tit 146. and another of the 22d of July tit 155. fol. 147. where he in gentle manner informed the Duke as from the King himself how zealous the King was not only of fair Terms between the Duke and Earl but of a nearer Alliance This was such a piece of Impudence in the Keeper that the Bishop says in the next tit that it removed the Duke's Affections from the Keeper for ever nor could this State-Minister contain his Displeasure but wrote to my Lord Mandevile that the first Action he would imbarque himself in when he came home should be to remove the Keeper out of his Place And the next Crime of the Keeper was The Duke was afraid of his Wit See the Bishop tit 156. However this Counsel took such Effect with King James and he was so satisfied that he had no Colour of Title to make War against the King of Spain that when the Parliament after gave him three Subsidies and three Fifteens for the Recovery of the Palatinate and when he had raised an Army of 10000 Foot and 2000 Horse to be commanded by Count Mansfield the King not only made it a Condition that Mansfield with the Army should not commit any Hostility against any of the Dominions which by Right appertained to the King of Spain or the Infanta Isabella Princess of the Low Countries or the Spanish Netherlands and in case he did so from that time the King was not longer to continue Payment of the Army but also took an Oath of Mansfield to observe the Conditions So that how powerful soever the Duke was over King James yet in none of these Particulars could he obtain his End viz. in not prevailing upon the King to make War upon the King of Spain nor in removing the Lord Keeper nor in having the Earl of Bristol committed to the Tower After the breaking of the Spanish Match it was observed that King James's Temper was quite so altered that he forgot his Recreations of Hunting and Hawking at New-Market but whilst he was there he remained as in an Infirmary and in a Fit of Melancholy told the Earl of Carlisle that if he had sent Williams into Spain with his Son he had kept Hearts-ease and Honour both which he wanted See the Bishop of Litchfield lib. 1. tit 174. King James then began to look back upon his former Actions in having lost the Affections of his Subjects and now intangled in the Difficulties which he saw inevitably coming upon him charged the Prince often in the hearing of the Lord Keeper Williams to call Parliaments often and to continue them tho their Rashness sometimes did offend him That in his own Experience he never got any Good by falling out with them See the Bishop of Litchfield lib. 2. f. 16. tit 16. How well King Charles observed his Father's Advice in any of these nay how diametrically he went contrary and contrary to all good Advice given him in the very first Year of his Reign will soon appear and the miserable Effects which followed I have heard my Father tho not a Courtier yet acquainted with many Courtiers say that they would oft pray to God that the Prince might be in the right Way where he set for if he were in the wrong he would prove the most wilful of any King that ever reigned Tho all must stoop to mighty Buckingham yet that he might stand surer who must be his only Support but Laud Bishop of Saint Davids who from picking Quarrels in Lectures at Oxford and being an Informer before now is become Vice-gerent to Buckingham A List of all the eminent Men for Promotion in the Church is given in those whom Laud would have promoted were noted O for Orthodox and whom he liked not were marked P for Puritans these two stopt up both the King's Ears from any other Doctrines in Church or State but what was infused by them so early did King James's Prophecy to my Lord Keeper Williams when he was so importunate to have Laud preferred begin to be fulfilled
to the Earl that it was his Majesty's Pleasure withal no doubt but by the Advice of his highest Council of State that the Earl should continue in the same Restraint he was so that he forbear his personal Attendance in Parliament But since the Duke could no longer otherways keep the Earl out of the House of Lords the King by my Lord Keeper signified to the Lords that his Pleasure was they should send for the Earl as a Delinquent to answer Offences committed against him before his going into Spain and since his coming back and his scandalizing the Duke of Buckingham immediately and by Reflection upon himself with whose Privity and Direction the Duke guided his Actions and without which he did nothing And now Sir Robert Heath the King's Attorney-General exhibited eleven Articles against the Earl it was thought fit to leave out the other nine which the Earl had answered to King James without any Reply and in the last of these the Earl is charged with giving the King the Lie in offering to falsify that Relation which his Majesty affirmed and thereunto added many things of his own Remembrance to both Houses of Parliament which you may read at large in Rushworth's Collections from fol. 153 to 158. Hereupon the Earl exhibited a Charge of High Treason and Misdemeanours in twelve Articles against the Duke and another against the Lord Conway of High Misdemeanours which you may read at large in Rushworth from fol. 266 to 270. And upon the Delivery of them the Earl desired a Copy of the King's Charge against him in Writing and time allowed to answer and Counsel assigned him and said there was a great Difference between the Duke and him for the Duke was accused of Treason and at large and in the King's Favour and that he being but accused of that which he had long since answered was a Prisoner and therefore moved the Duke might be put in equal Condition which tho the House did not yet were not satisfied to commit the Earl to the Tower and order'd That the King's Charge against the Earl should be first heard and then the Earl's against the Duke yet so that the Earl's Testimony against the Duke be not prevented prejudiced or impeached The King in a Message to the Lords by my Lord Keeper would have blasted the Earl's Articles against the Duke for two Reasons if they may be called so The first was That the Narrative made in the 21 Jac. in Parliament trenches as far upon him as the Duke for that he went therein as far as the Duke But what then Shall not the Earl be heard in his Defence against that Declaration which was designed to blast the Earl's Honour and Integrity and Justice is no Respecter of Persons The other was That all the Earl's Articles have been closed in his Breast now these two Years contrary to his Duty if he had known any Crime of that nature against the Duke and now he vents it by Recrimination against the Duke whom he knows to be a principal Witness to prove his Charge against the Earl This is strange for his Majesty's Reign was scarce yet a Year old and all this while the Earl was under a Restraint and not permitted to come to the Parliament which ended at Oxford and in his Father's Reign after the Earl had answered all the Duke's Articles against him without any Reply King James promised him he should be heard against the Duke as well as he was against him tho he lived not to make good his Promise Now let 's see the Levity of this Prince the necessary Concomitant of Wilfulness and which he pursued in every step of his Reign without any Remorse that I could ever find for the Lodgment of the King's Charge against the Earl in the House of Lords was scarce cold whenas it was endeavoured to take the Earl's Cause out of the House and to proceed against him in the King's-Bench But why must this be at this time of day and while a Parliament was sitting And why was not this done in the King's Father's Life or in this King's Reign And why must two years pass and this way of charging the Earl never thought of which now must be done in all haste But the Lords put a full stop to this and for these Reasons 1. For that in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after Publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have learned Counsel to assist them in their Defence And their Lordships declared they would give their Assents thereto because in all Causes as well Civil as Criminal and Capital they hold that all lawful Help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned 2. The Earl of Bristol by his Petition to the House complained of his Restraint desiring to be heard here as well in point of his Wrongs as in his Accusations against the Duke whereof his Majesty taking Consideration signified his Pleasure by the Lord Keeper April 20 That his Majesty was resolved to put his Cause upon the Honour and Justice of this House and that the Earl should be sent for as a Delinquent to answer the Offences he committed in his Negotiations before his Majesty's going into Spain whilst his Majesty was there and since his Return and that his Majesty would cause these things to be charged upon him in this House so as the House is fully possessed of the Cause as well by the Earl's Petition as the King's Consent and the Earl brought up to the House as a Delinquent to answer his Offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if the Earl be proceeded withal by way of the Kings-Bench these dangerous Inconveniencies will follow 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberty of the House will be thereby infringed the Honour and Justice of it declined contrary to the King's Pleasure expresly signified by my Lord Keeper all which are expresly against the Order 5. The Earl being indicted it will not be in the Power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true Meaning of the Order and the King's Pleasure signified and preserve the Liberties of the House and protect one from Injury will be To have the Charge delivered into the House in Writing and the Earl to set down his
might not another Parliament upon better Information alter what the Parliament 21 Jac. had done Which neither of these Parliaments did but granted and voted him and his Father greater Supplies than ever before were given to any of his Predecessors in three-fold the time But when the King enter'd into a View of his Treasure he found how ill provided he was to proceed effectually with so great an Action It seems by this one Action the King only designed the War against Spain But why does not the King set forth the Causes why his Treasure was so ill provided It was not ten Months before his Father's Death that the Parliament 21 Jac. which gave his Father three Subsidies and three Fifteenths was adjourned and his first Parliament gave him two Subsidies more within two or three Months after his Father's Death And what came of all this but the raising ten thousand Foot and two thousand Horse under Mansfield the Expedition against the Rochellers and to Cadiz to neither of which latter he was ever invited by his Father or any Parliament The King makes the â—lague to be the Cause of the Dissolution of the Parliament at Oxford yet he might as well have secured the Members by a Prorogation as Dissolution And in this Parliament he tells how the House of Commons voted him three Subsidies and three Fifteenths and after four Subsidies and three Fifteenths and of the Letter he sent them the 9th of June to speed the passing these Supplies and how that the House being abused by the violent and ill-advised Passion of a few Members never so much as admitted one Reading to the Bill of Subsidies but voted a Remonstrance or Declaration which they intended to prefer to him tho palliated with glossing Terms containing many dishonourable Aspersions upon his Majesty and upon the sacred Memory of his deceased Father which his Majesty taking for a Denial of the promised Supplies upon mature Advisement he dissolved them But from whence should this mature Advisement come We do not find the Privy Council had any hand in it and the House of Lords petitioned against it But lest the Credit of this Declaration should not find Faith enough against the Commons Representatives the King sends a Proclamation after it wherein he takes notice of a Remonstrance drawn by a Committee of the late Commons to be presented to him wherein are many things to the Dishonour of himself and his Royal Father of blessed Memory and whereby through the sides of a Peer of this Realm they wound their Soveraign's Honour and to vent their Passions against that Peer and prepossess the World with an ill Opinion of him before his Case was heard who hinder'd it had scatter'd Copies of it Wherefore the King to suppress such an unsufferable Wrong upon pain of his Indignation and high Displeasure commanded all who had Copies thereof to burn them But why was not the Duke's Cause heard and who dissolved the Parliament to prevent it Had not the Earl of Bristol answered every Particular of the King 's and Duke's Charge against him And was there not an Order of the House of Lords the Duke should answer the Earl's Charge against him Where is this Answer to be found and why was it not Now see the Justice of this King and how he made good his Promise in his Declaration that he would so order his Actions as should justify him not only in his own Conscience but to the whole World for the very Day the Parliament was dissolved he committed the Earl of Bristol Prisoner to the Tower and left the Duke free to pursue his ungodly Designs Here I 'll stay a little and add this Augmentation of Honour to the Escutcheon of this noble Earl notwithstanding this Usage For when the Long Parliament in 1640 had put a full Stop to the King 's Absolute Will and Pleasure which if it had not God only knows where it would have ended and after that this King's Flatterers and Favourites his Lord Keeper Finch and Secretary Winde-bank had run into other Countries to save themselves from being hanged in this and that the Earl of Manchester after he had flatter'd this King and his Father in all the Shapes of Earl Viscount Baron Lord Chief Justice Lord Privy Seal Lord Treasurer and Lord President of the Council and his Son and the Earls of Pembroke and Holland and both the Sir Henry Vanes Father and Son and Sir Henry Mildmay c. sided with the Parliament against the King yet this noble Earl followed the King in all his Adversity however he had been persecuted by him in his Prosperity The late Keeper as he gave his Opinion against the War with Spain in King James's Reign so did he against the Expedition against Cales in this King's Reign his Reason was which you may read in the second Part of his Life fol. 65. That the King must make himself sure of the Love of his own People at home before he bid War to such a rich and mighty Nation But the Keeper's Counsels were as much feared and hated by the Duke as Bristol's and the Commons Articles were against him and therefore he resolved to be rid of them all and pursue the King 's and his own Designs without any Controul and the very same Day the Parliament was dissolved he caused the Earl of Bristol to be committed to the Tower as you may see in Stow's Chronicle fol. 1042. Nor would he have his Renown and Valour less known abroad than his Justice at home and France shall now be the Theatre upon which he will act it in spight of Spain or the Parliament and Nation of England without whose Assistance he will act Wonders by his own Power and in Vindication of his own Honour however some Cause must be shewed by others since the Duke concealed the true Cause Rushworth fol. 427. makes the Causes of this War to begin between the Priests of the Queen's Family and the Bishops by Articles of Agreement upon the Marriage and that the Pope had declared them Apostates if they should seek for any Establishment from the King being an Heretick and that the Queen sided herein with the Priests against the King and that Unkindnesses hereupon grew between them so as the King informed his Brother of France he could no longer bear them And much to this purpose has Mr. James Howel in the Life of Lewis XIII fol. 75. But these were but Pretences for this War the Cause was of another Complexion And herein we will cite the Authority of the great Nani who had better Means to enquire into the Causes than either Rushworth or Howel and was not biass'd by Interest Affection or Flattery You have heard before of the Emulation between Richlieu and Buckingham and of their Inclinations for the Queen's Favour and of the Queen 's noble Aversions to them both but I think Nani was therein a little mistaken for if I be not misinformed as I think verily I
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
Protestation wherein they Promise Vow and Protest in the Presence of God to maintain the true Protestant Religion expressed in the Doctrine of the Church of England and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Power and Privilege of Parliament and Liberties of the Subjects and to preserve the Union and Peace between the Kingdoms of England Scotland and Ireland but herein was the Difference between the Scots and English the Scots would improve their Covenant and establish it in England but the English scarce ever after care for their Protestation However the Commons prevail with the Lords to take it and then impose it upon the Nation upon the Penalty of being deemed Malignants and Disaffected The King little pleased with what he had done and less with what the Houses had done without him follows the Scots into Scotland and there cajoles the Covenanters with all Courtship imaginable makes Lesley the Scots General Earl of Leven and confers other Honours upon the Covenanters calls a Parliament and consents to the Extirpation of the Hierarchy and establishes Presbytery as fully as the Kirk of Scotland could desire The Scots at present promise all Duty and Obedience to him but how well the King found it in a short time will appear Whilst the King was thus busied in Scotland a horrible and hellish Massacre was perpetrated in Ireland by the Irish upon the English wherein it 's computed above 200000 Protestants Men Women and Children were butcher'd after which followed an universal Rebellion excepting in Dublin Londonderry and Inniskillen which was headed by the Pope's Nuncio a most proper Head for such a Body Yet so intent were the Factions in England and Scotland in establishing their Designs that little care was had of the miserable Relicks of the Protestants in Ireland It appears evident to me that Richlieu's Scarlet was deep dy'd in the Blood of the poor English in this Massacre for these Reasons 1. That the Scots who at this time were Pensioners to France were not medled with in their Lives and Fortunes as you may see in Sir Richard Baker f. 315. a b. 2. The King being in Scotland when he heard of the Massacre of the English and Rebellion of the Irish he moved the Parliament of Scotland then sitting for a speedy Relief to the English which they refus'd And it 's strangely observable That tho the Massacre and Rebellion in Ireland brake out the 23d of October yet the King did not proclaim them Rebels till the first of January and then by Proclamation gave a strict Command that no more than forty of them should be printed and that none of them should be published till his Majesty's Pleasure was further signified Upon the King's going into Scotland the Parliament prorogued themselves to a certain Day But the Commons appointed a Committee to prepare Business against their next Meeting yet send Spies to observe all the King's Actions and after the King 's Return to London which was upon the 25th of November 1641 the House of Commons upon the 5th of December make a Remonstrance of all the King's Miscarriages abroad and of the Grievances and Illegalities of his Ministers at home from the beginning of his Reign and that the King might be sure to see it as well as hear of it they print and publish it The King not being used to such Language was stung to the quick by the Commons Declaration and to retaliate it in Act upon the third of January enters the House of Commons and demands five of their Members to be tried for High Treason for holding Correspondence with the Scots Than which he could not have done a more imprudent Act for by it he unravelled all that he had done in Scotland by involving the Scots in the same Crime But the Members had their Agents in the King 's most secret Councils and had notice of the King 's coming before and so the five Members were withdrawn This Act of the King did not only set the House in a Flame and put the City into Tumults but brought Petitions from Buckingham-shire where Mr. Hambden one of the Five Members was Knight that the Privileges of Parliament might be secured and Delinquents brought to condign Punishment All this while poor Ireland lay bleeding The King as unstable in his Resolutions as inconsiderate in his Actions retracts all he had done and promises not to do so again But to no purpose for the Members resolve not to trust his Royal Word Prerogative and absolute Will and Pleasure and therefore will tear the Power of the Militia from him Rather than suffer this tho upon the Pretence of Tumults the King resolves to leave London But before the King left London my Lord Mayor Sir Richard Gurney Sir George Whitmore Sir Henry Garoway and other principal Citizens waited upon the King and engaged if he would stay they would guard him with 10000 Men if occasion were and told him If he went he would leave the City open for the Members to do as they pleased and that they were sure to be first undone the King told them he was resolved Then Sir Henry Garoway said Sir I shall never see you again However his Eldest Son Mr. William Garoway a worthy Gentleman who yet lives went with the King and followed him in all his Wars The worthy Citizens proved true Prophets for soon after the King left London the Members imprisoned my Lord Mayor Sir Henry Garoway Sir George Whitmore and all others whom they suspected would be faithful to the King and then in London began to assume the Power of the Militia After the King left London he went to York and from thence went towards Hull but is shut out of the Town by Sir John Hotham whom the King proclaims Traitor and now before it came to Sword and Pistol Men began a War with their Pens And herein it is observable that the Writers for the King chiefly maintained his Cause out of Sir Coke's Pleas of the Crown which by Order of the King's Council was upon Sir Edward's Death-Bed seized as dangerous and seditious and I do not find any who wrote for the Parliament ever used any one Topick out of it to justify their Cause tho it and Sir Edward's other Books of the Comment upon Magna Charta and Jurisdiction of Courts were printed by Order of the House of Commons and by them petitioned that the King would deliver the Originals to Sir Robert Coke Sir Edward's Heir Whilst things were in this Hurly-burly in England Portugal and Catalonia revolt from the Spaniard which as it was a mighty Blow to Spain so it much conduced to the Advancing the Designs of Cardinal Richlieu in France In England things could not hold long at this Stay but upon the 22d of August the King comes to Nottingham and hastily sets up his Standard there and invites all his loving Subjects to come to his Assistance against the Rebels
Coasts of England which they could no ways pretend to after they had rent themselves from their Subjection to the Kings of Spain and their immemorial Prescription to fish in these Seas tho Thousands were then alive who were born before they became States yet they were not so impudent to plead Grotius's Mare Liberum that they had as much Right to fish in these Seas as the English Thus far Cromwel's Council and the Rump went in equal Paces and the Dutch now were in no better state than when Cromwel deposed the Rump But two Accidents which were not in the Dutch Power contributed to their Deliverance from the desperate state they were reduced to one was Oliver's Ambition the other the Frenzy of Barebone's Parliament for Cromwel however he accused the Rump of Selfishness was himself much more selfish for without any regard to the Honour or Interest of the English Nation now makes it his Business to join in a Defensive League with the Dutch against the King and Royal Family to set up himself and his Posterity Barebone's Parliament was contrary to Cromwel's Designs and he knew 't was impossible to alter them and therefore resolv'd one way or other to be rid of them and the Dutch dreaded them and therefore the Dutch Plenipotentiaries told Cromwel that in case he would depose them and assume the Government to himself they would be ready to accord with him upon more moderate Terms and enter into such a Defensive Alliance as should secure him against his foreign and domestick Enemies This was the 7th of December See Stubbe p. 110. The Frenzy of Barebone's Parliament was as intolerable to the Nation as to Cromwel so that no Man could judg of their Designs or where they would end Their Prate was to make way for Christ's Monarchy upon Earth which they were sure was at hand now they were got together therefore they pronounced Priesthood to be Popery paying of Tithes Judaism the Laws of England The Remains of the Roman Yoke Schools and Colleges Heathenish Seminaries of curious and vain Learning and Nobility and Honour contrary to the Law of Nature and Christianity Tho these had sat above five Months yet they made but four Laws one for punishing seditious Sea-men caused by their tumultuous demanding their Tun and Gun-Money taken from the Dutch and granted them by the Rump another For Marrying by Justices of Peace the third For Registring Births and not Christnings and the fourth was an Act brought in by Praise-God Barebone Against Building unless upon old Foundations within ten Miles of London tho his Son designs to build London all the Country over upon new Foundations But tho Cromwel was resolved to be rid of Barebone's Parliament yet he would not proceed in that rude and Ruffian manner as he did against the Rump but wheedled with Rouse the Speaker and some of his Creatures that it should be moved in the House That their sitting longer would not be for the Good of the Common-wealth and that it would be fit for them to resign up their Powers to the Lord-General again Whereupon the Speaker with such Members as would follow him went to White-hall and under their Hands resigned up their Power to Cromwel See Whitlock fol. 551. Dr. Bates in his Elenchus pag. 165. says Cromwel made a shew of Wonder at it denying utterly and rejecting it but at length with much ado was prevail'd upon This was Decemb. 12. The Copy of Cromwel's Countenance was quite contrary to his Actions for tho he seemingly refused to accept of the Resignation made by Rouse and his Followers yet he sent a Party of Souldiers to purge the House of those who stay'd behind whereof Major-General Harrison was one who would have taken Lenthal out of the Chair when Cromwel outed the Rump See Baker's Hist fol. 620. a. There was a Mistake in the former Impression in point of Time That Cromwel accepted of the Protectorate by Barebone's Parliament which he assum'd not till four days after viz. December 16. Before we proceed to see how Cromwel behaved himself after his resuming the Government again it 's fit to see how the Case stood between the English and French at this time as also the Dutch and French in reference to this War Tho there was no declared War between the English and French yet there often happen'd Acts of Hostility between them the French making Prize of the English Ships at Sea and the English much more of the French and upon the 7th of September 1652 the English in the Downs set upon a French Fleet laden with Provisions and Ammunition under the Convoy of so many Men of War as the French could well set out and dispersed the Fleet and took seven of their Men of War whereby the Spaniards were enabled to retake Dunkirk and Graveling taken from them by the French in the Year 1646. The next Year viz. in October 1653 Captain Hayton in the Saphire came up to eight French Men of War and shot twice at their Admiral who returned him a Broad-side and Hayton endeavoured to have boarded her but she got away Hayton with his single Ship engaged the rest and took the French Vice-Admiral and Rear-Admiral and another of their Men of War and many rich Prizes with the Loss but of four Men and some wounded See Whitlock's Memoirs fol. 547. b. So inconsiderable were the French at Sea in those Days However the Dutch held constant Intelligence with the French in all their Negotiations with the English during this War as you may see in Whitlock's Memoirs fol. 568. as appears by Monsieur Chanute's Speech to the States wherein in this low state of the Dutch he gives them the Title of High Puissances and when the Dutch were in their distressed state in the time both of the Rump and Barebone's Parliament the French fearing the Dutch's Ruin or such a Peace as the English should impose upon them proffer'd to be at half Charges with the Dutch in case they would continue their War with England otherwise the French were not able to contribute but little to help them at Sea Now let 's see if Oliver's Government was as arrogant impolitick selfish and dangerous to the Safety of the Nation as his first assuming it was rude and barbarous After the Supream Power of the Nation had been thus tumbled from Post to Pillar from Cromwel to Barebone ' s Parliament and from them to Cromwel again upon the 16th of December Cromwel and his Officers after several Days seeking of God tho it was resolved on before resolved That a Council of Godly Able and Discreet Persons should be named consisting of 21 and that the Lord-General should be chosen Lord Protector for King good Man he would not be but leâ—t he should go too far astray tied himself up to an Instrument of Government which he swore to in these Words I have accepted thereof and do declare my Acceptance thereof accordingly and do promise in the
and thereupon the King told the Prince That for his Lands there he would charge himself that the Prince should enjoy them as safe under France as under Spain or if the Prince would part with them the King would undertake to get him what Price he would value them at to which the Prince generously reply'd That he would not trouble himself nor the Peace about that matter and that he would be content to lose all his Lands there to get one good Town more for the Spaniard upon the Frontier of Flanders So here the King and Prince agreed But then another Debate arose between the King and Prince one pretending France would never be brought to this Scheme the other that Spain would never be brought to it but at last it was agreed that the Peace should be made upon these Terms All to be restored by France to the Emperor and Empire that had been taken in the War and the Dutchy of Lorain to the Duke and all on both sides between France and Holland and to Spain the Towns of Aeth Charleroy Oudenard Courtray Tournay Conde Valenciennes St. Gillain and Binch which were nine Towns that the King shall endeavour to procure the Consent of France and the Prince of Spain And to this purpose the King should send some Person immediately over with the Proposition who should be instructed to enter into no Reasoning upon it but demand a positive Answer in two Days and after that term immediately return And then the King ordered Sir William within two Days to make himself ready to go and acquaint the French with it At this Agreement between the King and Prince none were present besides the Duke my Lord Treasurer and Sir William Temple so as the French Ambassador was as much surprized in it as before he was at the Marriage of the Prince but this could not be longer conceal'd from him than when it began to be put in Practice yet it seems to me he was acquainted with it before and that the King had taken other Resolutions than what was agreed upon but the Day before For Sir William having prepared all things in a Readiness to go the Evening before he met the King in the Park St. James's who call'd to him and told him he had been thinking upon Sir William's Errand and how unwelcome he should be in France as well as the Message and that having a Mind to gain Peace he was unwilling to anger them more than needs besides the thing being not to be debated or reasoned any Body else would serve the Turn as well as he whom he had other use of Sir William was very glad of it knowing how ungrateful a Messenger he should be upon this Account Then the King asked Sir William what he thought of my Lord Duras a French-man and a great Favourite of the Duke's and since Earl of Feversham It seems the King asked Sir William's Opinion only for Form and Fashion sake for the thing was the Morning before agreed upon at the Desire of the Duke upon pretence that France would accept of the Terms and that he had a Mind to have the Honour of it by sending a Servant of his own So my Lord Duras went immediately after with the Orders and some few Days after the Prince and Princess embarked for Holland where Affairs pressed his Return beyond the Hopes of my Lord Duras from France the King assuring the Prince he would never part with the least part of the Scheme sent over and would enter into a War with France if they refused it But pudet haec you 'll soon see another Face of Affairs after the Prince was gone nay before he went it was a great Mortification to him to see the Parliament prorogued till the next Spring which the French Ambassador had gained of the King to make up some good Meen with France after the Prince's Marriage and before the Dispatch of the Terms of a Peace to that Court I should not have ventured to say this if that honourable Gentleman Sir William Temple in his second Memoirs which are printed fol. 302. had not said it before But how honourable and sincere soever the Prince's Actions were in the Management of this whole Affair the outward Face of things had another Appearance which caused great Jealousies of him not only among the Amsterdamers and Common People in Holland but even among the Consederates for the Prince sending Monsieur Bentink privately over into England about the beginning of June and Sir William Temple so soon after following and the Prince's raising the Siege before Charlâ—râ—y the next day after my Lord Ossory came to his Camp and the Prince's going in September following into England these things thus concurring passed not without many Reflections not only in Holland but among the Allies as if there were Intelligences between the King and him which were heightned by the Marriage the main Business of the Treaty made by the King and Prince about the Peace being yet in Embrio so as the Prince and Princess were coldly received in Holland upon the Prince's Return and these Jealousies encreased more upon the Transactions between the English Court and France But sacred Truth and the Integrity of the Prince shall vindicate his Honour even among those who most suspected him and were so jealous of his Actions The Noise of a Peace with France so soon after the proroguing the Parliament raised a Ferment in the Nation of some Design of the Court as dangerous to the Nation as the Dutch Jealousies that their Liberties were in by the Prince's Treaty and Marriage with a Daughter of England And now the Prince was gone and out of Sight he was out of Mind too by the King in respect to the Terms of Peace agreed to and the solemn Promise the King made to the Prince upon his Departure that he would never parâ— with the least Point in the Scheme sent into France and make War upon it if it were refused For upon my Lord Duras's Arrival at Paris the Court were surprized at least seemed so both at the thing and more upon the manner of it yet made good Meen upon it took it gently and said The King of England knew very well he might be always Master of the Peace but some few Towns in Flanders seemed very hard especially Tournay upon whose Fortifications such vast Treasure had been expended and that they would take some short time to consider of the Offer But my Lord Duras told them he was tied to two Days stay but when that was out was prevailed upon to stay some few Days longer which he durst not have done without secret Orders from our Court contrary to his Instructions and at last came away without any positive Answer Hereupon the King instead of declaring War against France as he so solemnly promised the Prince entred into a Treaty with the French Ambassador at London which by French Artifice was so spun out in length without any
make no Alterations in either it will not be long before you shall see Alterations made in both without you And I promise and swear to maintain the King's Jurisdictions against all deadly as I shall answer it before God Why this again For before you sware to maintain all the King 's Rights and Prerogatives and what does the King's Jurisdiction add to them However you are very prodigal of your Swearing and if his Highness will not believe you for your Swearing before you 'll try how far he 'll believe you now And that I take this Oath in the plain 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 me This is well sworn to interpret your Truth and Sincerity especially when the whole Oath is Confusion Equivocation or Contradiction and not one plain and intelligible Sentence in it In the Debates in Parliament for passing this Test the Earl of Argyle declared his Opinion That as few Oaths as could be should be imposed and that the Oath of Allegiance and Declaration had effectually debarred all Fanaticks of getting into any Places of Trust and though some Papists had swallowed the Oath yet a Word or two of Addition to guard against them was all he judged necessary The Earl opposed the dispensing with the King's Sons and Brother's taking the Test for that the King and People were of one Religion and hoped the Parliament would do nothing to loose what was fast nor open a Gap for the Royal Family to differ in Religion for their Example if it once appeared to the People to be honourable would have more Followers than a Thousand others would have and therefore wished if any Exception were it might be particular to his Highness which the Duke opposing the Earl concluded if it did pass it would do more hurt to the Protestant Religion than all the rest of the Acts and many other Acts would do good This Plainness of the Earl was the Cause of all that befel him as he was afterwards told by the Bishop of Edinburgh but the first Appearance of the Duke's Displeasure was two Bills given in against him one by the Earl of Errol the other by the King's Advocate who acknowledged it to be done by Commandment otherwise it was without his Line These struck at the Earl's Estate and Honours only that of Errol was that the Earl's Estate might be liable to pay him and others for the Debts contracted by his Father The Advocate 's Claim was to all his Heritable Offices But the Duke being informed that a Judgment in this Case would have exposed the Marquess of Huntley's Estate who was a zealous Papist the Duke of his own Accord put a full Stop to it for he found he said it did plainly impugn the King's Prerogative and might be of ill Consequence After this the Parliament was adjourned and a new Design was to get a Commission from the King to review all the Earl's Rights and heritable Offices and to charge his Estate for more than 't was worth Hereupon the Earl applied himself to the Duke against such a Commission and intreated him that if any quarreled his Right his Case might be remitted to the ordinary Judicatories according to the established Laws of the Land but this was not granted yet the Duke was pleased to allow the Earl time to go into the Country to bring his Evidence with a Promise no Commission should pass till the Earl's Return But you 'll see something more than the Earl's Estate was designed For the Earl was no sooner gone but he and the President of the Sessions were turned out of it Hereupon the Earl wrote to the Earl of Murray the King's Secretary praying leave to wait upon the King which he was pleased readily to grant and upon his Return to Edinburgh begg'd the same Favour of the Duke who told him he might not kiss the King's Hand till he had taken the Test Here you may observe the Test was not to be taken by any but those who bear Office nor to be imposed upon any before the First of January 1680 and this was about the Beginning of November before and the Earl being acquainted that one of the Clerks of the Council was appointed to summon the Earl to the Council the next Day which he conceived to be to take the Test he asked the Duke if with his Favour he might not have the Allowance by the Act The Duke told him no and the Earl urged it again in vain all the Delay he could obtain was but till Thursday the third of November the next Council-Day of Course Then the Earl said he was the less fond of the Test because he found some who had refused it were still in Favour and others as the Register who had taken it were turned out at which his Highness laught But how comes your Highness said the Earl to press the Test so hastily Sure there are some things in it which your Highness does not overmuch like To which the Duke answered angerly and in a Passion most true that the Test was brought into Parliament without the Confession of Faith but the late President caused put in the Confession which makes it such as no honest Man can take it which is a greater Contravention and depraving the Test than the Perjury and Treason charged upon the Earl for them then the Earl replied he had the more Reason to advise In this Interval the Earl spake with the Bishop of Edinburgh and saw his Explanation of the Test and that of the Bishop of Aberdeen and the Synod's Explanation of the Test and the Explanation of it by the Synod and Clergy of Perth and that of the Earl of Queensberry which as they differ all from one another so were they printed and made publick and which you may read at large in the Earl of Argyle's Case It 's observable that tho by the Test they swear the Confession of Faith recorded in the first of King James the sixth To be founded upon and agreeable to the Word of God and that they will never consent to any Change or Alteration thereto and at last swear they take it in the plain and genuine Sense and Meaning of the Words without any Equivocation yet the Bishop of Aberdeen and the Synod in the 2d Article of their Explanation say We do not hereby prejudg the Churches Right to and Power of making an Alteration in the said Confession as to the Ambiguity and obscure Expressions thereof or of making a more unexceptionable Frame and having made several other Exceptions the Sixth Article concludes When we swear that we take the Test in the plain and genuine Sense of the Words c. we understand it only so far as it does not contradict the Exceptions And the Synod of Perth makes four explanatory Exceptions to the Test and the fifth concludes When we swear in the
genuine and literal Sense we understand it so far as the Test is not opposite or contradictory to the aforesaid Exceptions and before they subscribed this they were allowed to insert after the Oath We underwritten do take this Oath according to the Explanation made by the Council approved by his Majesty's Letter and do declare we are no further bound by it Thus things stood with others when the Earl of Argyle upon Wednesday the Second of November waited upon the Duke and humbly besought him to decline his present taking of the Test but if his Highness would have a present Answer he begg'd that he would accept of the Earl's refusing it in private which the Duke denied then the Earl desired he might go home and consider and he would either give Satisfaction or the time prescribed by the Act of Parliament would elapse and then he would go off in Course and without Noise which the Duke absolutely refused upon which the Earl asked what good his appearing in Council to refuse I think it should have been reside there would do to which the Duke answered he need not appear but imploy some Friend to speak for him and named one Hereupon the Earl drew a Letter to the Person the Duke named wherein he exprest his constant Resolution to continue a true Protestant and loyal Subject which were the true Ends of the Test but the Letter concluding a Delay of taking the Test which no honest Man the Duke said could do and the Duke having given some Indication how little pleasing that Office would be to him neither the Person named by the Duke nor any Friend of the Earl's would by any means accept of it But the Earl being advised that an Explanation of the Test would be more acceptable the Earl drew a short one and put it into his Pocket but would not offer it till he knew the Duke's Pleasure and being told by the Bishop of Edinburgh it would be very kindly accepted the Earl went into the Council-Chamber and with an audible Voice read his Explanation of his taking the Test close by the Duke whereupon it was administred to him which the Duke accepted with a Smile and commanded him to take his Place which at that time was next the Duke and the Duke spake several times privately to him and always pleasantly However the Earl was so cautious that after he had made the Explanation of the Test in Council he would not communicate it to any other The Earl's Explanation was I have considered the Test and I am desirous to give Obedience as far as I can I 'm confident the Parliament never intended any contradictory Oaths therefore I think 〈◊〉 Man can explain it but for himself accordingly I take it as far as 〈◊〉 is consistent with it self and the Protestant Religion And I do declare that I mean not to bind up my self in my Station and in a lawful Way to wish and endeavour in a lawful Way any Alteration I think to the Advantage of the Church and State not repugnant to the Protestant Religion and my Loyalty and this I understand as part of my Oath And as the Earl was so cautious in not communicating his Explanation of the Test so was it never so much as charged upon him that he ever disparaged the Test or disswaded any other from taking it However this must be the Grand Work for his and only his Destruction for as was said many others had explained their taking the Test much more contradictory than the Earl had done and printed and published their Explanations Next Morning the Earl waited upon the Duke expecting his Yesterday's Countenance and beginning to speak the Duke interrupted him and said he was not pleased with his Explanation the Earl answered he did not give it till the Duke allowed him the Duke acknowledged the Bishop of Edinburgh had told him that he intended an Explanation but the Duke said he thought it would have been a short one such as the Earl of Queensberry's to which the Earl answered he heard what he said and that the Earl said the same thing in private to him and the Earl going on to say more the Duke interrupted him saying It 's past with you but it shall pass so with no other The next Day after the Earl was summoned again to the Council to take the Test as one of the Lords of the Treasury and an extraordinary Council was held at the Abbey Where so soon as they were met the Test was tendred to the Earl saying as before when the Earl of Roxburgh standing behind the Duke and never heard to speak in Council before with Clamour asked what the Earl of Argyle had said which the Duke told him upon which Roxburgh desired that what the Earl had said the Day before might be repeated which at first he declined till he was peremptorily commanded by the Duke the Earl then said he had a Note of what he had said in his Pocket which the Duke commanded him to produce which he did and was willing to sign it but the new Lord President now made Chancellour and the new made Register did not agree whether the Earl should then sign it the Treason not appearing as when they talked of it in private So the Earl was bid to withdraw and when he was called in he was positively required to sign the Paper he had given in to which the Earl answered that if the Words did please them as when they were given in he would but if there were the least Matter of Displeasure in them he would forbear whereupon he was removed and being called in he was told he had not given the Satisfaction required in the Act of Parliament in taking the Test and therefore could not sit in Council to which the Earl answered that he judged all the Parliament meant was to exclude the Refusers of the Takers of the Test from their Places to which he submitted and that as he had served his Majesty faithfully within doors so he was resolved to do without doors and so made his Obeisance and went out But now the Earl saw his Estate Life and Honour were struck at he communicated these Secrets to some for his own Vindication Upon Saturday the fifth of November the Earl waited upon the Duke again and told him he was strangely surprized that the saying he could not bind himself up in a lawful way c. as contained in the Paper was looked upon as a Crime when as he had said the same to him before without any Offence and that the Duke then said they were unnecessary Words that the Earl scrupled needlesly and that he was not tied up by that Oath as he imagined and that after a little Pause the Duke told him you have cheated your self you have taken the Test to which the Earl answered then he hoped his Highness was satisfied but the Duke after some other Expostulations told the Earl That he and some others had a
Design to bring Trouble upon a Handful of poor Catholicks that would live peaceably however they were used but that it should light upon others Now the Design appears barefac'd for would you think it the Earl having delivered the Explanation of his taking the Test by the Duke 's peremptory Command this is interpreted a publishing of it and upon Tuesday the eighth of November a Council was called without calling the Earl to it and an Order was sent by one of the Clerks of the Council to the Earl that before 12 a Clock next Day he should enter himself a Prisoner in the Castle of Edinburgh and a Warrant was sent to the Deputy Governour to keep him Prisoner wherein the Word Sure firmance tho fairly writ was struck out The Earl obeyed and by himself alone in a Hackney Coach rendred himself a Prisoner accordingly And now you 'll see how absolutely in this deputed Authority the Duke demeaned himself without Reserve what then might be expected from him in Case he should become King The Earl some Days after he had rendred himself Prisoner wrote to the Duke telling him how he had obeyed his Highness and Council's Order in rendring himself a Prisoner and how that he wrote no sooner lest he might be thought too impatient of Imprisonment which appeared to be the Effects of high Displeasure which he hoped he no ways deserved and was resolved to continue all Duty and Obedience to his Majesty and Highness and begg'd to know what Satisfaction was expected where and how he might live in his Highness's Favour to which no Answer was returned but a Summons charging the Earl with leasing making and depraving of Laws And after another Summons came out and published with Sound of Trumpet charging the Earl with Perjury and Treason but when it was told the Duke that such a Process threatned the Earl's Life and Fortune the Duke said Life and Fortune God forbid The very Day November the eighth that the Council ordered the Earl to render himself a Prisoner the Council sent a Letter to the King wherein they sent the Earl's Explanation of his taking the Test and how they had commanded his Majesty's Advocate to raise a Pursuit against the Earl upon it yet expecting his Majesty's Commands for their further Prosecution of it But the King might command what he pleased his Commissioner and Council would do what they would with it for before any Return of their Letter they caused the King's Advocate to exhibit an Indictment against the Earl upon the Points of slandering and depraving And after the Return of the King's Letter they ordered a new Indictment against the Earl containing besides the former Points the Crimes of Treason and Perjury before they acquainted the King with it The Earl thus mewed up that he might not give any Offence twice petitions the Duke and Council that Sir George Lockhart might be his Advocate to plead his Defence yet both times refused the Reason of these Petitions were that without Leave none would dare to plead the Earl's Cause for fear of the King's Displeasure However by the Act 11 Jac. 6. Cap. 90. It is the undeniable Privilege of all Subjects accused for any Crimes to provide themselves Advocates to defend their Lives Honours and Lands against whatsoever Accusation So by the 11 Jac. 6. c. 90. it is declared That in case Advocates refuse the Judges may compel them Hereupon the Earl drew up a Letter of Attorney constituting Alexander Dunbar to require Sir George Lockhart to plead for him which the Duke no sooner heard but said If Sir George Lockhart plead for the Earl he shall never plead for my Brother nor me But the Earl might set his Heart at rest for whatever Counsel he had his Case was fore-judged before heard However for forms sake upon the Twelfth of December 1681 the Earl was brought by a Guard of Soldiers before the Justice Court where the Earl of Queensberry was Chief Justice General and the Lords Narin Collingtoun Newtoun and Hirkhouse Lords Justiciary sitting in Judgment It is inconsistent with the Design of this Treatise to set down the Earl's Speech at large and the long and learned Pleadings of Sir George Lockhart and Sir John Dalrymple for the Earl's Defence and the King's Advocates pleading against the Earl and their Doubling's and Tripling's yet it 's fit to say something of them and leave the Reader at Liberty to read them at large in the Earl's Case which is printed The Earl in his Defence only claims the Privilege of the meanest Subject tho under an ill Character to explain his own Words in the most benign Sense and how strange and impossible it would be to believe he intended any thing but what was sutable to the Principles of his Religion and Loyalty though he did not express himself at all Then he enlarged how from his Youth he had made it his Business to serve his Majesty faithfully constantly and to his Power especially in all times of Difficulty and never joined or complied with any Interest or Party contrary to his Majesty's Authority and so that he never received a Frown from his Majesty these thirty Years and that even in this Parliament how he had shewed his Readiness to serve the King and Royal Family in so vigorously asserting the Lineal Succession of the Crown and in offering Supplies to his Majesty and Successor and that he had always kept his Tenants in Obedience to his Majesty How strange then is it that Words spoken for the clearing his own Conscience should be wrested into Treason especially where the same was done before by many Orthodox Clergy whole Presbyteries Synods and some Bishops so that an eminent Bishop took the Pains to write a Treatise that was read over in Council and allowed to be printed and a Copy given to him which contains all the Expressions he is charged for and many more may be stretched to a worse Sense and having wished all Happiness to the King and a Continuance of the Lineal Succession left his Defence to his Advocates Sir George Lockhart and Sir John Dalrymple then several Letters from General Middleton and the Earl of Glencarn were read testifying the Earl's Loyalty and Services to the King The Treason charged upon the Earl in the Indictment consists of these six Heads 1. That the Earl considered the Test and was desirous to give Obedience to it as far as he could clearly insinuating thereby he was not able to give full Obedience 2. That he was confident the Parliament never intended contradictory Oaths therebâ— to insinuate to the People that the Parliament did impose contradictory Oaths 3. That every Man must explain for himself and take it in his own Sense whereby that excellent Law lost its Obligations 4. That he took the Test so far as it was consistent with it self and the Protestant Religion which depraved the Test and misrepresented the King's Parliament's Proceedings in the highest Degree 5. That he did
Man be asked his Opinion of any Law or Point in Law and he gives it according to the best of his skill shall this be taken for Treason and depraving of the Law and a Man be in danger of his Life for it This was the Earl's Case he was called upon by the Duke to take the Test with his Explanation before he did it and whereas Mackenzy says there was no Force upon the Earl I 'm sure if my Author says true the Earl refused to give in the Paper whereof he is indicted and proffered to lay down his Offices upon it till the Duke peremptorily commanded him to do it if this were not Force I would know what is I 'm sure there was no Force but Corruption and Bribery upon the Advocate to enter into this villanous Conspiracy against this Noble Earl to murder him under the Pretext of Justice which is to be esteemed sacred And let any Man read his whole Harangue and see if there be any thing in it but forced and strained Inferences or any one Proof against the Earl within the Act 60 Parl. 6. Mary or the 9 Act. Par. 20. Jac. 6. which makes it Treason to make false Construction of Laws to others with a Design to raise Sedition and Dissension among the King's Subjects so that some Overt Act or Speech to others with a Design to raise Sedition c. must be proved and not what is said in the Council or any Court of Judicature However as was the Advocate such were the Assizers whereof the Marquess of Montross the Earl's Father's most bitter Enemy was the Fore-Man and the rest of the Pack of the same Stamp who with one Voice found the Earl guilty of Treason Leasing-making and Leasing-telling but like conscientious Men having made the Earl to have forfeited his Life Honour and Estate by a Majority they find the Earl innocent of Perjury which they could get nothing by So that the Noble Lord Lorn is become the Forlorn late Earl of Argyle yet the Earl not to be wanting to himself in this deplorable State next day but one viz. December the 15th by a Friend humbly intreated to speak with the Duke who returned Answer It was not ordinary to speak with Criminals except with Rogues on some Plot where Discoveries might be expected By this you may see what Spirit governed this Prince and what might be expected from him if he became King The next Day after the Earl's Sentence viz. December the 14th the Council gave the King notice of it and expected his further Pleasure now the Work is done to his Hand but it seems his Highness was very impatient till he had the Earl's Blood for he said If the Express from the King came not timously he would take upon himself what was to be done by which you may see what an Ascendency the Duke had over the King However the Earl upon the sixteenth petitioned the Duke that he might send a Petition to the King which was refused Things brought to this Extremity and the Earl hearing that some Troops and a Regiment of Foot were to be brought down from the Castle to the Common Goal from which Criminals were usually brought to Execution he resolved to try to make his Escape and the rather because about seven at Night he had notice that new Orders were given for further securing him and that the Castle Guards were to be doubled and that none were suffered to go out without shewing their Faces and therefore a Friend advised him not to attempt it No said the Earl now is the Time and so he attempted it and it pleased God he escaped Hereupon the Lords of Assize upon the twenty third of December pronounced the Earl guilty of the Crimes of Treason Leasing-making and Leasing-telling for which being detained in the Castle of Edinburgh out of which since the Verdict having made his Escape therefore they adjudged the said Earl to be executed to Death and his Name Memory and Honours to be extinct and his Arms to be riven forth and delete out of the Book of Arms swa that his Posterity may never have Place nor be able hereafter to bruick or joyse any Honour Offices Titles or Dignities within this Realm iâ— time coming and to have forefaulted all his Lands and Tenements c. But tho the Earl be escaped out of Prison whereto shall he flee For Terras I 'am sure Britannicas Astraea reliquit he had some thoughts of casting himself at the King's Feet but those soon vanished for the same Counsel which governed in Scotland raged all England over and so privately he passed into Holland where for some time we leave him and see what 's doing in England Mr. Hawles in his Remarks upon Fitz-Harris's Trial F. 18. out of Tully's Offices lays this down for a Rule That nothing is profitable but what is honest for which Tully gives many Reasons but nothing so convincing as the Examples he brings in publick and private matters and tho the Empire was vast and he bore a great Figure in it and was very knowing in the Greek and Roman Histories yet was he not able to bring a hundredth Part of Examples to prove his Position as had been in this little Island in the space of eight Years And in his Preface gives six Reasons for the Disaffection to the late Government viz. Exorbitant Fines cruel and illegal Prosecutions outragious Damages dispensing with the Test and penal Laws and undue Prosecutions in criminal but more especially in capital Matters But these I take to be the Effects of those Councils which governed in England ever after the King's Restoration tho they did not so manifestly appear till the Duke was sent into Scotland and after the Dissolution of the Parliament at Oxford and for these first six Years after the Dissolution of the Parliament at Oxford the Tories in England as well as in Scotland were the Tools which the Popish Faction made use of for carrying on their Designs then they were laid by and the Whigs set up as they thought to finish the Work The Tories were so far from being suppressed by the Proceedings of the Commons against them last Westminster Parliament that they only so much more irritated them against the Whigs after the Dissolutions of the last Westminster and Oxford Parliaments and this was what the Popish Party desired The King's Declaration signed Francis Gwyn was not only obeyed by the Tories but entertained with unexpressible Joy and celebrated with manifold Returns of Thanks to his Majesty and now nothing but Halcyon Days were expected and an absolute Dominion over the Whigs and the King to gratify the Tories in their Jollity and after the Bill for repealing the Act of 35 Eliz. was taken out of the House of Lords before it was passed which little sorted with the King's Declarations of Indulgence has this Law now put in Force against the Dissenters and prosecuted with that Violence that many thousands of Families