Vows on them and their Posterity These were the Deans Instructions which the Lord Marquess received with as much Thankfulness as he could express and requited his Adviser with this Complement that he would use no other Counsellor hereafter to pluck him out of his plunges for he had delivered him from Fear and Folly and had Restor'd him both to a light Heart and a safe Conscience To the King they go together forthwith with these Notes of honest Settlement whom they found accompanied in his Chamber with the Prince and in serious Discourse together upon the same perplexities Buckingham craves leave That the Dean might be heard upon those particulars which he had brought in Writing which the King Mark'd with Patience and Pleasure And whatsoever seem'd contentious or doubtful to the King 's piercing Wit the Dean improved it to the greater liking by the Solidity of his Answers Whereupon the King resolv'd to keep close to every Syllable of those Directions Sir Edward Villiars was sent abroad and return'd not till September following Michel and Mompesson received their censure with a Salvo that Mompesson's Lady not guilty of his Crimes should be preserv'd in her Honour And before the Month of March expir'd Thirty seven Monopolies with other sharking Prouleries were decry'd in one Proclamation which return'd a Thousand praises and Ten Thousand good prayers upon the Sovereign Out of this Bud the Deans Advancement very shortly spread out into a blown Flower For the King upon this Tryal of his Wisdom either call'd him to him or call'd for his Judgment in Writing in all that he deliberated to Act or permit in this Session of Parliament in his most private and closest consultations The more he founded his Judgment the deeper it appear'd so that his Worth was Valued at no less than to be taken nearer to be a Counsellor upon all Occasions The Parliament wearied with long sittings and great pains was content against the Feast of Easter to take Relaxation and was Prorogued from the 27 of March to the 18 of April The Marquess had an Eye in it upon the Lord Chancellor to try if time would mitigate the displeasure which in both Houses was strong against him But the leisure of three Weeks multiplied a pile of New Suggestions against him and nothing was presaged more certain than his downfal which came to Ripeness on the third of May. On that day the Patent of his Office with the Great Seal was taken from him which Seal was deliver'd to Four Commissioners the Lord Treasurer Mountagu Duke of Lenox Lord Steward of the King's Houshold William Earl of Pembroke Lord Chamberlain to the King and Thomas Earl of Arundel and Surry with whom it rested till the 10th of July following In the mean time Sir James Leigh Lord Chief Justice of the King's-Bench was Commissioned to be Speaker in the Upper House and Sir Julius Caesar Master of the Rolls was Authorized with certain Judges in equal power with him to hear dispatch and decree all Causes in the Court of Chancery 62 The Competitors for the Office of the Great Seal were many Sir James Leigh before mention'd a Widower and upon Marriage with a Lady of the Buckingham Family Sir Henry Hobart Lord Chief Justice of the Common Pleas Chancellor to the Prince a Step to the Higher Chancellorship and as fit as any man for his Learning and Integrity which of these it was uncertain but one of these was expected And verily a fitter Choice could not be made than out of the pre-eminent Professors of the Common Laws but that all Kings affect to do somewhat which is extraordinary to shew the liberty of their power The Earl of Arundel was thought upon a Master of Reason and of a great Fortune For it was remembred upon the Death of Lord Chancellor Bromly anno 1587 That Queen Elizabeth designed a Peer of the Realm for his Successor Edward Earl of Rutland whose Merit for such a place is favour'd by Mr. Cambden because he was Juris scientiâ omni politiori literaturâ ornatissimus and if his Death much bewailed had not prevented the Great Seal had been born before him But the likeliest to get up and I may say he had his Foot in the Stirrup was Sir Lionel Cranfield Married in the kindred that brought Dignity to their Husbands a man of no vulgar head-piece yet scarce sprinkled with the Latin Tongue He was then Master of the Court of Wards and did speak to the Causes that were brought before him quaintly and evenly There seemed to be no Let to put him in Possession of the great vacant Office but that the Lord Marquess set on by the King was upon enquiry how profitable in a just way it might be to the Dignitary and whether certain Branches of Emolument were natural to it which by the endeavour of no small ones were near to Lopping Sir Lionel besought the Marquess to be sudden and to Advise upon those things with the Dean of Westminster a found man and a ready who did not wont to clap the Shackles of delay upon a business He being spoken to to draw up in Writing what he thought of those Cases return'd an Answer speedily on the Tenth of May with the best advantage he could foresee to the promotion of the Master of the Wards Yet it fell out cross unto him that the Dean woing for another utterly beyond expectation sped for himself The Paper which he sent to the Marquess hath his own Words as they follow My most Noble Lord ALthó the more I Examine my self the more unable I am made to my own Judgment to wade through any part of that great Employment which your Honour vouchsafed to confer with me about yet because I was bred under the place and that I am credibly inform'd my True and Noble Friend the Master of the Wards is willing to accept it and if it be so I hope your Lordship will incline that way I do crave leave to acquaint your Honour by way of prevention with secret underminings which will utterly overthrow all that Office and make it beggerly and contemptible The lawful Revenue of that Office stands thus or not much above at any time In Fines certain 1300 l. per annum or thereabout In Fines Casual 1250 l. or thereabout In greater Writs 140 l. for impost of Wine 100 l. in all 2790. and these are all the true means of that great Office Now I am credibly inform'd that the Lord Treasurer begins to Entitle the King to to the casual Fines and the greater Writs which is a full Moiety of the profits of the place not so much to Enrich the King as to draw Grist to his own Mill and to wind from the Chancellor the donation of the Cursitors places The preventing the Lord Treasurers in these Cases made Queen Elizabeth ever Resolve suddenly upon the disposing of the Great Seal Likewise they are very busie in the House of Commons and I saw a Bill which
to be re-examin'd after Issue joyn'd in case they recover'd A particular Charge being laid before you when the House of Commons is a Party and the Charge of so high a nature as Treason I shall not advise this Honourable House to use any Chiquancery or Pettisoggery with this great Representation of the Kingdom but admit them forthwith to examine their own Members yet with this Caution To hew the Names two days before they be produced to the Sollicitor of the Defendant that he may have notice of the persons But the House press for Secrecy in the Examination Well they are safe enough while they are in the Lord's hands who have Urim and Thummim perfect Knowledge and perfect Integrity and therefore nothing can be suspected Are not they surer than other Officers In ordinary Commissions out of Star-Chamber my Lord Ellsmore would not allow that any Clerks should be used to prevent Futility and Evaporation saying That the best Commissioner in England was not too good to be the King's Clerk Secondly I am as'kt about the Examination of the Peers and the Assistants of this House upon Oath There is no question to be made about the Assistants they are no Peers of this Kingdom but whether Peers may be produced as Witnesses and testifie upon Oath A question not sit to be now handled and impossible to be resolved out of the Rolls of the Parliament because the Peers give their Testimony both in this Court and others either way And I am confident a Peers Averment against his Fellow Peer cannot be refused either way especially in case of Treason For a Peer judgeth his Peer worthy of Death upon his Honour and therefore may witness against him upon his Honour In this Court and almost in this Case in Alze Pierce her Case 1 Rich. 2. Num. 21. Lord Roger Beauchamp swears upon the Holy Evangelists The Lord of Lancaster King of Castile and Leon is examin'd but not sworn Nay both ways have been declar'd in this House to be all one Your Lordships declaring that you did not bound limit or terminate your Assertion with your Honour but mount it and relate it up unto God that gave you your Honour and yielded your selves perjur'd if you falsisied in swearing upon Honour which is just the very same as if you sware upon the Holy Evangelists To swear upon Honour and rest there were Idolatry But to swear upon Honour with a Report and Relation to God who bestowed it upon your Lordships as a special Favour and Grace is as Christian an Oath as any in the World For new Scruples in the manner as to touch the Book to look on the Book to hold up a Finger or Hand to Heaven are Ceremonies which the House of Commons little regards but leaves them to us And the Lord of Strafford is so wise that he will never question the Honour of his Peers And why should we trouble our selves about the circumstance but leave each Lord called to testisie to call God as a Witness to his Assertion in which of these two manners it shall please his Lordship Not the Book not the Honour but the Invocation of God to bear witness to the Assertion makes the Oath 144. I am put to it by your Lordships to speak in the third place about the examination of Privy Councillors Here needs no distinction between Peers and Assistants This is part of a Privy Councillor's Oath That he shall keep secret all matters committed and revealed to him or that shall be treated of in Council 2. If any Treaty touch his fellow-Councillor he shall not reveal it unto him till the King or Council shall require it I collect now that matters of Fact he may reveal without violation of his Oath and that he may be examin'd of matters revealed unto him that were treated of in Council if they were not treated of in Council when he was present That a Privy-Councillor for all his Oath may be examin'd concerning Words Advices or Opinions of another Privy-Councillor otherwise given than in Council That Bed-chamber and Gallery Discourse is nothing to the Council-Table Private Entertainers of the King when the Counsellors attend at the Door are not to pass for Counsellors Ear-wiggs and Whisperers are no Counsellors but detracters from Counsellors If they advise the Destruction of the King the State or the Laws of the Realm there is nothing in the Oath to protect such an Ear-worm but he may be appeached For matters which touch another fellow-Councillor or matters committed otherwise to him or which shall be treated of in Council these are not to be concealed from all forts of men but from private men only not from the King not from the Council both those are in the Oath nor from the Parliament That Privy-Councillots may be examin'd by Command of the Parliament for things treated in Council 2. for things revealed unto them secretly from the King in his Bed-chamber 3. and especially for ear-wigging and treating with the King in private after things already settled in Council The Case of Alze Pierce 1 Rich. II. num 41. clears all these Doubts And it is the Case also of a Deputy of Ireland William of Windsor Lord-Deputy misbehaved himself in Ireland the Council directs Sir Nicholas Dagworth to go thither and to enquire into his Actions Windsor makes means to Alze Pierce to keep off this man under pretence of Enmity betwixt them This Shunamite that lay in David's Bosom prevails with the King to stay Sir N. Dagworth the Council-Order notwithstanding The Lords in Parliament question her for this act as having drawn with it the Ruin of the State in Ireland She pleads not guilty Issue is joyned The Lords produce inter alios John Duke of Lancaster upon his Honor and Roger Beauchamp Lord Chamberlain upon the Evangelists Alze produceth of her part the Steward and Comptroller of the Houshold All these four were Privy-Counsellors they depose all of them nothing else but matters treated of in Council and opposed by Alze Pierce treating with the King out of Council So that if this Record be true this Case is cleared Privy-Councillors may not be forced by ordinary Courts of Justice to reveal things treated of in Council but may be produced upon Oath and Honour to reveal such Secrets by the King the Council or the Parliament especially in detestation of Statewhisperers and Ear-wiggs yea though they had taken no Oath at all Yet God forbid a Privy-Counsellor should witness against his Fellow for publickly venting the freedom of his Judgment at the Board who is bound to advise faithfully not wisely as I do here this day Should any man be accused for an Error of Judgment O God defend peradventure my Error hath set all the rest of the Council straight Errores antiquorum venerari oportet si illi non errassent minùs ipse providissem otherwise you would take away all Freedom of Debates nay almost of very Thoughts If I knew any man
Carriage of my Petitions and speedy return of an Answer and assur'd his Lordship it was as much Favour from him as I could expect or desire Then I took occasion to kneel afterward and thank'd his Majesty for his gracious Message sent by my Lord who presently told my Lord Conway of it and my Lord told me of it again And that the King left it to me when between this and Allhallowtide to deliver the Seal which he desir'd for the manner to be done most to my Content and Reputation and to have some time to send for him that was to succeed I answer'd I was ready whenever his Majesty would send his Warrant Which my Lord desir'd I would draw up and so we parted 26. I sent upon Tuesday the 18th of October to desire leave to speak with the King and Mr. Tho. Cary sent me word his Majesty would speak with me the next Morning But after Sermon the King told my Lord Conway what I had done and was in a long and serious Discourse with him Then my Lord Conway the King being gone to dinner followed me into the Cloyster and told me what the King had told him And that he conceiv'd his Majesty was afraid that I would press him to yield Reasons of those two Acts of his the removing me from the Seal and my abstaining from the Board That his Lordship found the King much troubled thereat and as a Friend nay as a Christian man he advised me by way of Counsel not to do so because it would much perplex the King and do me no good I answer'd That I should falsifie my Word to his Lordship if I should speak unto his Majesty upon any other Points than those of my Reputation and Means And should not come near those forbidden Rocks unless it were in one Point which I did intend to move but with his Lordship's Approbation and that was to preserve as much the Honoar of the King as mine own that for the manner of wishing my forbearance for a time from the Council-Board his Majesty laying nothing to my Charge would not be pleas'd to lay it as a Command by his Secretary but leave it to my Discretion who would be sure to use the matter as to give his Majesty no Offence That the rest of the Points were matters of means which I repeated to my Lord Conway one by one And his Lordship said He thought verily the King would grant them every one And his Lordship telling me again of his fear of the King's Offence if I should endeavour to unsettle his Resolution and that the King might fall sharp upon me I answer'd That his Lordship knew I had neglected the time to wrangle with the King which should have been done upon the first message Against which I had two unanswerable Objections The first that the King that dead is released me of the Restraint to three Years in my Office and continued me in the Place four Years The second that the King my Master delivered me the Seal as absolutely as his Predecessors did to other Keepers and Chancellors without reviving or mentioning any such Condition But that I had waved of all Objections and submitted at the first word to relinquish my Place And for sharpness or the like word which passed from his Lordship on Sunday last or that the King wisht my absence from the Board lest Matters might be further question'd his Lordship said he remembred it not I said Nec timeo nec opto it was a thing I did neither fear like a guilty Man nor rashly desire like a vain-glorious Man But my wishes were to retire to the Country as without a Charge by the King 's own Confession so as near as may be without any punishment which concern'd the King in Honour I thought as much as it did me For God never destroys his Creature but for some Sin And if his Majesty did think the losing of my Place did disquiet me to give him satisfaction I vowed and protested it did not which my Lord-Duke also had under my hand And that with his Majesty's leave and favour and some consideration had of my Fortunes I was willing to leave the Seal Only I expected I should remain a Councellor tho' lest to my discretion when to attend and be respected by the Lords from time time as a Member of the Board My Lord said He conceiv'd it no otherwise and that I might promise my self all respect from that Table and his Majesty in that kind Then said I my Lord There remains no more but that I shew a Letter to your Lordship written to his Majesty if you like it which shall speak all my mind because I will be utterly silent when I come at Evening before his Majesty save in preferring my Petitions in which your Lordship did encourage me Which Letter in the Copy his Lordship read over and carried the Authentick with him And so we parted 27. After Dinner his Majesty took the Letter and read that which followeth Most gracious Sovereign HAving done your blessed Father the best Service I was able while he lived I am sure such as was acceptable to him and some good Service at his Death and being now fitted with a great deal of Industry to do some Service to your Majesty in your great Affairs yet it is your Royal Pleasure to displace me not for any Crime or Unserviceableness but to satisfie the Importunity of a great Lord. But I am ready with all Submission to bow myself to the Pleasure of God and my King It is in your Majesty's Power to say to me your Vassal as a Greek Emperor did to an Arch-bishop Ego te Furne condidi ego te destruam I cast my self down at your Majesty's Feet and do render your Majesty my unexpressible Thanks that it hath pleased your Majesty to discharge me of this great Place without giving me any cause at all to use an Apology Yet being still haunted with the old Aspersions in Court the which were they true in any part would fret and tear my Soul in pieces give me leave dread Sovereign to make this last protestation in the sight of that God who must judge you and my Accusers if any such there be another day that in all my Carriage in the last Parliament I am not guilty in Thought Word or Deed of any one Act Advice Speech or Counsel disserviceable to your Majesty or any way diverting that end which your Majesty proposed unto us concerning that Assembly Upon the same protestation I likewise avow before God and your Majesty that I am not conscious of the least Unfaithfulness against my Lord-Duke by way of insinuating encouraging or abetting any one Clamour or Aspersion against his Grace or by omitting any one friendly Word or Action upon any opportunity I found to do him Service Your Majesty can tell how I put my Life into his Hand and Power above a Year since in the Business of the Spanish Embassadors
the body v. 20. but now are they many Members yet but one Body v. 21. And the eye cannot say unto the hand I have no need of thee nor again the head unto the feet I have no need of you So far our brave Speaker and all this is exscribed faithfully out of his own Copy Let another take his room and let him that is wisest perform it better The Success was that he laid the Bill asleep for five months for I confess that by over-sight I have not kept the just order of time for it should have been referred to the middle of May before the King went into Scotland and was in a trance by the charm of this Eloquence till November after which shews how like he was to Athanasius Nazian in Orat. pro codem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Athanasius was an Adamant not to be broken with violent blows and a Load-stone to draw them to him that were of a contrary Opinion Now mark the Partiality upon which the Speaker much insisted That the Lords would grant Interest to noble Persons in Holy Orders to act in Secular Affairs but to none beside As Grotius fits it with a passage Annal. p. 5. Castellani quantumcunque usurpent ipsi libertatem in aliis non serunt The Castilians are great encroachers upon liberty for themselves but will not tollerate it in any beside To the main Cause I yield that that was easie to be defended on the Clergies part as learned Saravia shews de Christian Obed. p. 169. not only from Moses's Law but from the Custom general of the most orderly among the Heathen Gaulish Druids Persian Magi Egyptian Heirophants and so forth by induction from all places to make it amount even to a natural Law that Priests were no where excluded from honourable Imployments in Secular Affairs I will appose two Quotations for it and very remarkable The first from the Judgment of the Scottish Presbytery R. Spotswood Hist p. 299. 449. That they contended for that Priviledge that some Ministers should give Voice in Parliament in the behalf of the Church And some to assist the King in Parliament in Council and out of Council Doth the Wind blow so from the North The other taken from Ludo. Molin Paraen c 4. And he no well-willer to our Hierarchy in that Book least of all to their Consistories Deus Pastori Evangelico non detrahit jus potestatem Magistraturae nec magistratum prohibet ministerio si ad utrumque factus comparatus est But this Bill that went no further when it was first set on foot in May began to enlarge its strides and mend its Pace in the end of Autumn Either because this fiery Parliament saw that Confusion begun must be carried on with acting greater or because the King was suspected that he tamper'd with the Scots and they framed an Injury from his Neglect to leave them so long or how it was that their thoughts were whiâ—'d about with the Wheel of swift Perswasions themselves knew best but their Spleen began to shew it self with stronger fits than ever against the Clergy who were never safe so long as the Bill we have heard of was not cancell'd For the Spanish Proverb tells us That Apple is in great danger that sticks upon the prickles of an Hedge-hogg But if the Sum of the Bill had been right cast the now most noble Marquess of Dorchester and more noble because most learned told his Peers May 21. Which of your Lordships can say he shall continue a Member of this House when at one blow six and twenty are cut off This was sooth nay Sooth-saying and Prophesying but it was not attended 167. When all ways had been tried to pass this Bill of Dishonour upon the Clergy chiefly the Bishops and it hung in the House of the Lords the event methinks is like that which we read I Kings 22. v. 21. There came forth a Spirit and stood before the Lord and said I will perswade them And the Lord said Wherewith And he said I will go forth and I will be a Spirit of clamour and tumult in the mouth of all the People And the Lord said Thou shalt perswade them and prevail also Go forth and do so There had been an unruly and obsteperous concourse of the People in the Earl of Strafford's Case But a Sedition broke forth about Christmas that was ten times more mad Ludum jocumque dices fuisse illum alterum prout hujus rabies quae dabit Terent. Eunuch which took heat upon this occasion The King came to the House of Commons to demand five of their Members to Justice upon impeachment of Treason His Majesty it seems was too forward to threaten such persons with the Sword of Justice when he wanted the Buckler of Safety How far those five were guilty I have nothing to say because plain Force would not let them come to a Tryal But if they were innocent why did they not suffer their Practices to see the Light It had been more to their Honour to be cleared by the Law than to be protected against the Law And that Cause must needs be suspected which could not put on a good outside I am sure the King suffer'd extreamly for their sakes All Sectaries and desperate Varlets in City and Suburbs flock'd by thousands to the Parliament Diogenes was ask'd What was to be seen at the Olympick Sports where he had been Says he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laert. in Vit. Much People but few Men. But here were no Men but all Beasts who promised one another Impunity by their full body of Rebels and where there is no fear of Revenge there is little Conscience of Offence Quicquid multis peccatur inultum est Lucan The Rake-hells were chaffed to so high a degree of Acrimony that they pressed through the Court-gates and their Tongues were so lavish that they talk'd Treason so loud that the King and Queen did hear them Let the five Members be as honest as they would make them I am certain these were Traytors that begirt the King's House where his Person was with Hostility by Land and Water He that speaks of them without detestation allows them and makes way for the like Sometimes they called out for Religion sometimes for Justice Ex isto ore religionis verbum excidere aut clabi potest as Tully of Clodius pro Dom. Was the sacred term of Religion sit to come out of their Mouths Did it become them to speak of Justice Sarah cried out to Abraham The Lord judge between me and thee when her self was in the fault Gen. 16.5 Every Tinker and Tapster call'd for Justice and would let the King have none who is the Fountain of it What did the great Parliament in the mean while Give Freedom to their Rage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Friends in their ragged rows were too many to be childden they were more afraid of them than of the