Doctrine of Passive Obedience had made a plain and easy Passage for the Popish Faction to take Possession of this Power The Bishop of London therefore after the Lords had voted an Address of Thanks to the King's Speech moved in the name of himself and all his Brethren that the House would debate the King's Speech which as it was extraordinary and unusual in the House so was it not less surprizing to the King and Court who now dreaded the Lords would concur with the Commons in their Address to prevent which the King first prorogued and then dissolved the Parliament and never called another in all his Reign And thus the King made good to the Parliament in his Speech to them the 28th of May That the best Way to engage him to meet them often was to use him well and did expect that they would comply with him in what he desired and that they would do it speedily that it might be a short Sessions and that he and the Parliament might meet again to all their Satisfactions and for the Bishop of London the King shall remember his Motion in due time when he shall plead no Privilege of Parliament The King having so ill performed his Promise to the Parliament of often meeting of them where he might hear of it again which by no means he would endure after he had dissolved them had a fair Field without any Rub to do what he pleased and to petition him or represent the Grievances of the Nation out of Parliament shall be a great Crime next to High Treason And now 't is time to observe the Steps the King proceeded by to maintain the Church and State of England as by Law established His Brother had laid the Foundation of making a Parliament felo de se by hectoring and making Bargains with Corporations to surrender their Charters and taking new ones from him whereby he reserved a Power that if they did not send such Members as pleased him he would resume the Charters he granted them and herein he made a great Progress till his Keeper and Attorney General refused to grant Patents to such poor Corporations as could not pay their Fees so as a new Keeper or Chancellor and Attorney-General must be had who would grant Patents gratis or a Stop would be made in the Progress of so noble a Design In a lucky Hour my Lord Keeper N died at Astrop-Wells I think when Jeffries was in his March to the West and for a Reward of my Lord Jeffries's Clemency that he shewed had the Seals given him with the Title of Lord Chancellour but the Attorney was not so lucky but lived to be turned out and another put in his Place which would perform his Office more charitably to these indigent Corporations which could not pay their Fees in taking new Patents after they had perfidiously betrayed their old But this was but one Step towards this Holy Work the King to make a thorow Reformation will make the Judges in Westminster-Hall to murder the Common Law as well as the King and his Brother designed to murder the Parliament by it self and to this end the King before he would make any Judges would make a Bargain with them that they should declare the King's Power of dispensing with the Penal Laws and Tests made against Recusants out of Parliament However herein the King stumbled at the Threshold for it 's said he began with Sir Thomas Jones who had merited so much in Mr. Cornish his Trial and in the West yet Sir Thomas bogled at this and told the King He could not do it to which the K. answered He would have Twelve Judges of his Opinion and Sir Thomas replied He might have Twelve Judges of his Opinion but would scarce find Twelve Lawyers of his Opinion The Truth of this I have only from Fame but I 'm sure the King's Practice in reforming the Judges whereof all except my Lord Chief Baron Atkins and Justice Powel were such a Pack as never before sat in Westminster-Hall gave credit to it But if the Lord Chief Justice Thorp for taking a Bribe of 100 l. was adjudged to be hanged and all his Lands and Goods forfeited in the Reign of Edward the 3d because thereby as much as in him lay he had broken the King's Oath made unto the People which the King had intrusted him withal and if Justice Tresilian was hanged drawn and quartered for giving his Judgment that the King might act contrary to one Act of Parliament and if Blake the King's Counsel Vsk the Under-Sheriff of Middlesex and five more of Quality were hanged in the Reign of Henry the 4th for but assisting in Tresilian's Judgment What then did these Judges deserve which made Bargains with the King before-hand to break the King's Oath he had made to the People and entituled the King to a Power to subvert the Laws and gave Judgment before-hand to act contrary to them Andrew Horn in his Mirror of Justice tells us That King Alfred the Mirror of Kings hanged Darling Segnor Cadwine Cole and 40 Judges more because they judged in particular Causes contrary to Law But sure this was not more to Alfred's Honour than it was to the Dishonour of King James to make Bargains before-hand with Judges to give Judgment contrary to the Laws themselves and unless they would break the King's Oath to his People they should not be his Judges The Laws and Constitutions of this Nation as has been already noted make it a Kingdom whereof the King is Head and the Nation the Body so that if you take away the Laws and Constitutions of the Kingdom there is neither King nor Kingdom Did not the King then descend from his Majesty in rending himself from his Kingdom by breaking Laws whereby he ceases to be a King and the Nation to be a Kingdom And what was it for that the King would not be content with the Soveraignty he had over the Nation wherein his Majesty consisted but would strain it into a Tyranny over the Nation It was to introduce a foreign exploded Dominion of the Pope denied by our Saviour and asserted by the Devil whereby how absolute soever the King would be over his Subjects yet himself and Kingdom must be at the Pope's Disposal to be deposed and destroyed as the Pope pleased Bishop King in the State of the Protestants in Ireland fol. 18. gives this Account of one Moore a Romish Priest who preached before the King at Christ's Church in Dublin in the Beginning of the Year 1690 where he told him to his Face that he did not do Justice to the Church and Churchmen and amongst other things said That Kings ought to consult Churchmen in Temporal Affairs the Clergy having a Temporal as well as Spiritual Right in the Kingdom but Kings had nothing to do in the Management of Spiritual Affairs but were to obey the Orders of the Church Thinking Men could not conceive this dispensing with the Penal Laws
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
Offices he was capable of and that the Duke was fully convinced that their Interests were one and the Parliament was not only unuseful but dangerous both to England and France and that it was the Duke's Opinion That if his most Christian Majesty would write his Thoughts freely to the King upon this Subject and make the same Offer of his Purse to dissolve this Parliament as he made to the Duke to call another he did believe it very possible for him to succeed and from this time to the breaking out of the Popish Plot you shall see the Parliament call'd prorogu'd and adjourn'd by Order from France or French Ministers and Pensioners That this Design may be carried on in Masquerade the whole Band of Pensioners make it their Business to possess whom they could perswade that the Church is in danger truly said but untruly intended and that the Nation was running into Forty One All Countenance and Hopes of Preferment were promised to those who would support the Church from the Danger of Forty One This was blaz'd abroad and encouraged by all sorts of printed Pamphlets and if they met with Opposition the Authors and Printers were persecuted for publishing unlicensed Pamphlets Mr. Roger L'Estrange was the Champion and Pensioner of the Cause Never did Man fight so to force the Whig into the Church and when he was there made a Trimmer of him and would have him out again Forty One was his Retreat against all who durst contend against him and the Government This was the Licenser of the Press but never was there such a Press Rifler For propagating this holy Cause Sir Francis North is made Chief Justice of the Common-Pleas Sir Richard Rainsford Chief Justice of the King's-Bench William Mountague Chief Baron Vere Bartue a Baron of the Exchequer Sir William Scrogs a Justice of the Common-Pleas and Sir Thomas Jones of the King's-Bench Men all durante bene placito You need not fear the Chancery for at this time there were four Chancellors and Lord-Keepers alive The Parliament was to have met the 10th of November 1674 but the Instructions from France were not yet sufficiently ripened so 't was put off till the 13th of April 1675. At the opening of this Session my Lord-keeper told the Houses No Influence of the Stars no Configurations of the Heavens are to be feared so long as these two Houses stand in good Disposition to each other and both in a happy Conjunction with their Lord and Soveraign but they ought not quieta movere nor res parvas magnis motibus agere The House of Commons had been sullen these two last Sessions and proceeded contrary to the Humour and Design of the Court and therefore a Bill was brought into the House of Lords eâ—tituled An Act to prevent the Danger that may arise from Persons disaffected to the Government which was the same imposed upon the dissenting Clergy by the Oxford five-Mile-Act this my Lord-keeper said was a moderate Security to the Church and Crown which no honest Man could refuse and who did gave great suspicion of dangerous and Antimonarchical Principles This Oath or Abhorrence or Test is mentioned before and is now set on foot to be taken by all who enjoy'd any Beneficial Offices Ecclesiastical Civil or Military to which were added Privy-Counsellors Justices of the Peace and Parliament-Men It 's strange to me that Princes or indeed other Men who have any Piety or Fear of God should think to be secure in unjust Actions by Mens swearing to observe them For tho Human Actions be voluntary yet the End and Design by them is not in Human Power Paul may plant and Apollos water but only God can give the Blessing with what reason then can Man expect a Blessing from God because his Name is profaned and made as a stalking-Horse to attain it What Security had the Presbyterians by their Covenant or the Rump Parliament by their Engagement or Oliver or his Son by their Recognition And more I think the King could not expect hereby Whereas Princes whose Thrones are establish'd by Justice and Righteousness have a nobler Security than can be hoped for by Mens previous swearing to get Offices and Employments so that Trajan who was truly called the Just put his Sword into the Prefect's Hands and bid him draw it against him whenever he should attempt any thing against the Publick Good This King had a way never gone by any of his Predecessors to be present in the House of Lords at Debates and would solicit Lords for their Votes This was first declaimed against by my Lord Lucas as an Awe upon the Peers in their Debates and Votes This Oath being the Gap to let in the Popish Designs you cannot think the King would now be away but give all Countenance to the passing of it the Bishops to a Man were for passing of it so were all the Court-Lords or those who hoped for Preferment so as these were the much greater Part Yet the Country Lords when they debated it in Paragraphs made it inconsistent with the present Constitution of the Nation vain and superfluous and inconsistent in it self which held for seventeen days together But the Debates were laid aside by the Commons Votes against the Jurisdiction of the Lords in Appeals from Chancery These Debates you may read at large in Print in a Tract intituled A Letter from a Person of Quality to his Friend in the Country But because my Lord-keeper will have an ill-meant Distinction between the King 's Natural and Politick Capacity I 'll put one Case which I do not find in all these Debates The one Part of the Oath is I declare That it is not lawful upon any Pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those who are commissionated by him in pursuance of such Commission Suppose Duke Lauderdale should have a Commission from the King to bring his twenty two thousand Scots into England and you cannot believe the Scots Law to do it was made to no purpose and plunder and dispossess the English of their Estates and the Sheriffs of the Counties should raise the Posse to suppress them and compel them to keep the Peace as the Sheriff by his Commission and Oath is bound to do On which side does the Abhorrence of the Traiterous Position of taking up Arms against those commissionated by the King lie But you 'll say this cannot be imagined and I say the Design of imposing this Oath makes this not only imaginable but believed to be intended In the Debates the Commons raise a Storm against the Lords Jurisdiction in Appeals from Chancery upon which the King prorogued the Parliament to the 13th of October 1675. Tho the Duke lost Ground in the House of Commons and was disappointed in carrying the abhorring Test in the House of Lords yet he gained so much upon the French King
had the Ascendant of the King's Favour far transcending all other Favourites yet the King's Necessities were never so great and the Exchequer so poor and the King so much in debt so as he had so much less means to gratify his new Favourite as his Affections to him were more and here it will not be amiss to take some part of a View of the King's Prodigality or if you please Bounty to some of his former Favourites the Earl of Somerset had amassed if my Author of the Historical Narration of the first 14 Years of King James cap. 34. says true in Money Plate and Jewels two Hundred Thousand Pounds besides 19000 l. per Ann. The Earl of Salisbury but a younger Son of Treasurer Burleigh leâ—t an Estate besides the noble House and Seat of Hatfield equal nay superior to most of the other Nobility the Earl of Northampton a younger Brother of the Duke of Norfolk and born to little or no Estate built that noble Structure in the Strand now called Northumberland House and being unmarried left a very great Estate to the Earl of Arundel and others of his House the Earl of Suffolk youngest Son of the Duke of Norfolk who had no Estate but what he derived from the Crown besides his other Estates built Audley-Inn Palace the noblest Structure ever built by any Subject in England except Hampton-Court by Cardinal Woolsey which by reasonable Estimates cost above 190000 l. besides the Largesses given to the Duke of Lenox Sir Alexander Hays and other Scotish Favourites Sir Henry Rich and other English Favourites These had only themselves to take care for but this new Favourite had a Mother two Brothers and a Sister to pully up into Honours and Estates tho their Parts could not entitle them to any other than Court-Preferment but besides these I do not find he regarded any other of his Father's Family no more than they did him However until the Discovery of Overbury's Murder he contained himself within the Bounds of Modesty as well as Courtship Somerset till then being a kind of Check upon him However the King in his Poverty of Affairs gave him 1000 l. and upon the 23d of April made him one of the Gentlemen of his Bed-Chamber and next Day knighted him Sir Overbury's Murder had been about twenty Montâ— concealed when about the middle of August it was brought 〈◊〉 light but the Manner how was variously rumoured Some taâ—â—ed that Sir Thomas his Servant gave notice of it to Sir Edwarâ— Coke others that my Lord of Canterbury had got knowledge of it and made it known to Sir Ralph Winwood one of the Secretaries of State and that by searching in a certain Place he should find a Trunk wherein were Papers which would disclose the whole Business which Sir Ralph did and found it so The King at this time was gone to hunt at Royston and Somerset with him and when the King had been there about a Week next day he designed to proceed to New-Market and Somerset to return to London when Sir Ralph came to Royston and acquainted the King with what he had discovered about Sir Overbury's Murder the King was so surprised herewith that he posted away a Messenger to Sir Edward Coke to apprehend the Earl I speak this with Confidence because I had it from one of Sir Edward's Sons Sir Edward lay then at the Temple and measured out his time at regular Hours two whereof were to go to Bed at Nine a Clock and in the Morning to rise at Three At this time Sir Edward ' s Son and some others were in Sir Edward ' s Lodging but not in Bed when the Messenger about one in the Morning knockt at the Door where the Son met him and knew him Says he I come from the King and must immediately speak with your Father If you come from ten Kings he answered you shall not for I know my Father's Disposition to be such that if he be disturbed in his Sleep he will not be fit for any Business but if you will do as we do you shall be welcome and about two Hours hence my Father will rise and you then may do as you please to which he assented At three Sir Edward rung a little Bell to give notice to his Servant to come to him and then the Messenger went to him and gave him the King's Letter and Sir Edward immediately made a Warrant to apprehend Somerset and sent to the King that he would wait upon him that Day The Messenger went back Post to Royston and arrived there about Ten in the Morning the King had a loathsom way of lolling his Arms about his Favourites Necks and kissing them and in this Posture the Messenger found the King with Somerset saying When shall I see thee again Somerset then designing for London when he was arrested by Sir Edward's Warrant Somerset exclaimed that never such an Affront was offered to a Peer of England in the Presence of the King Nay Man said the King if Coke sends for me I must go and when he was gone Now the Deel go with thee said the King for I will never see thy Face any more About three in the Afternoon the Chief Justice came to Royâ—â—on and so soon as he had seen the King the King told him that 〈◊〉 was acquainted with the most wicked Murder by Somerset and 〈◊〉 Wife that was ever perpetrated upon Sir Thomas Overbury and that they had made him a Pimp to carry on their Bawdry and Murder and therefore commanded the Chief Justice with all the Scrutiny possible to search into the Bottom of the Conspiracy and to spare no Man how great soever concluding God's Curse be upon you and yours if you spare any of them and God's Curse be upon me and mine if I pardon any one of them The Chief Justice as well by his Place as the King's Command imprisons Weston Mrs. Turner Sir Jervis Elvis Franklin and Sir John Munson and examines them and also Munson's Servant Weston's Servant c. against them Whereupon they were all except Munson arraigned condemned and executed in the Months of October and November following all of them I say except Munson whom Justice Dodridg and Justice Hide as well as the Chief Justice declared to be as guilty of the Murder as any of the other You may read the Trials at large in the Narrative of the first fourteen Years of King James his Reign entituled Truth brought to light by time There was a general Rumour that the Chief Justice making a severe Inspection into Overbury's Murder found some Papers about the poisoning of Prince Henry and Sir Anthony Weldon in his History of the Reign of King James says That the Chief Justice had blabb'd abroad so much I am sure there was never any such Acquaintance between the Chief Justice and him that he should blab it out to Weldon whether this were true or false I cannot tell but sure the displacing Sir Edward Coke the
Destruction upon himself having first seen his Son Walter slain in the Design he intended to raise his Fortunes by Tho the King was never poorer than at this time yet the Nation was far richer than in all the long Reign of Queen Elizabeth by reason of the English Trade with Spain made free by that celebrated Law of the 3d of the King cap. 6. and at this time and many Years before the King of Spain made Count Gundamor his Legier Ambassador in England the Count would ape the King iâ— all his Humours but his Cups and hereby became so intimate with the King that he discover'd all his Designs and the Secretâ— if ther were any of the Court In this Posture of Affairs Sir Walter informs the King that 〈◊〉 he would grant him a Commission he would bring Mountains of Gold into the King's Exchequer from Guiana the King who had stopt his Ears to Sir Walter 's Advice concerning the Dutch Fisheâ— upon the Coasts of England and Scotland opens them both to Sir Walter 's Project and grants him a Commission directed Dilecto fideli meo Waltero Raleigh Militi But this Commission ill agreed with the Treaty made between the King and the most renowned King of Spain his dear and loving Brother in the second Year of his Reign wherein in the first Article it was agreed That they should use one another with all kind and friendly Offices and by this Treaty the English were restrain'd to their Trades in Europe For the King of Spain was as jealous of his West-Indies as the Apple of his Eye or the Pope 〈◊〉 of his Triple-Crown or the King of his Prerogative The Fame of Sir Walter and the Expectation of the Mountaiâ—â— of Gold to be poured into the Exchequer by this Expedition bâ—â—zed it all abroad so as Gundamor gave the King of Spain aâ— account of it and this became so much the more publick by how much the King could not contribute any thing but his Commission towards it and tho Sir Walter 's Fame induced many Nobles and Gentlemen to join with him in it yet this being distracted and divided into so many Interests it went on more heavily and became every day more known so that tho Sir Walter intended to have proceeded on his Voyage this Year in the beginning of April it was upward in August before he set out In his Passage a terrible Fever overtook Sir Walter now in the 76th Year of his Age which yet the Strength of his Constitution overcame to bring him to his End by a worse Fate When he arrived at Guiana he found all the Marks which he and Sir Nicholas Kemish had made either worn out by Time being twenty Years before or alter'd by the Spaniards who had so long before had notice of his Design so that Kemish and Sir Walter fell at such odds about it that Kemish killed himself besides the Spaniards to prevent Raleigh's Design had built many new Fortifications unknown to Raleigh or Kemish Hereupon Sir Walter stormed the Town of St. Thomas wherein he lost his Son Walter but took the Town and sack'd it and here the Souldiers took great Spoil but with little Profit to Sir Walter or any of the Adventurers with him For the Souldiers and Sea-men being Reformades and being under no severe Discipline kept what they had got Now was Sir Walter in a most desperate State he had no Friends at Court and which made the matter worse he had disgusted all the Nobles and Gentlemen who had engag'd with him in this Expedition he need not consult the Augurs what should be his Fate upon his Return to prevent which he endeavoured to have got into France and carry his Ship with him but the Sea-men who now had his Fortune in Contempt would not forsake their Wives and Children to partake with him in his Misfortunes and so brought him back again into England It was resolved that Sir Walter 's Misfortunes should lose him his Head but how to do it with a face of Justice was the Question for his Commission protected him from any Prosecution for the sacking of St. Thomas and it would seem strange to execute him upon the Conviction in Cobham's Conspiracy sixteen Years before especially since the King had discharged his Imprisoment upon it and had granted him a Commission wherein he called Sir Walter his beloved and faithful Sir Walter However this was the best Face could be put upon it and upon the 28th of October next Year 1618 Sir Walter was brought from the Tower to the King's-Bench to shew Cause why Sentence of Death should not pass upon him Mountague being Chief Justice upon his former Conviction to which Sir Walter pleaded his Commission which pardoned his Crime For he could not be a Traitor and the King 's beloved and faithful Servant at one and the same time but this was over-ruled by the Court which answered That Treason could not be pardoned by Implication but by express words And next day he had his Head cut off in the Palace-Yard at Westminster In granting Sir Walter Raleigh this Commission you may see by what an undistinguished Power Covetousness governs the Actions of Princes as well as meaner Men against their Honour and Interest for at the same time when the King granted this Commission he was by Sir John Digby after Earl of Bristol treating a Marriage between Prince Charles and the Infanta of Spain upon the Terms of a Portion of two Millions of Money with her but if this Act of Raleigh's and the difficulty of raising such a Portion put no stop to the Progress of it you 'll soon see an Accident which shall make it utterly impracticable with the Maxims and Policy of Spain yet so far was the King blinded with the Covetousness of getting the Portion that he shall put his only Son into the Power of the Spaniards to obtain it Tho young Villiers and the King's Favourites governed the King without any Controul by the English Conchino Conchini an Italian Marquess d' Ancre and Marshal of France and his Wife succeeded not so well in France for after the Death of Henry the Fourth of France these two governed Henry's Relict and Regent as absolutely as our young Favourite did the King which put the Princes of the Blood and Nobility into such a Ferment that they several times rose in Tumults and Arms against them Yet such was their Power with the Queen that they continued as insolent after the King was declared of Majority as before whereupon the Feuds of the Princes of the Blood and Nobility grew higher hereupon Luynes the King's Favourite prompted the King to take off Ancre any way which was so ordered that Ancre coming into the Louvre and reading a Letter Vitry Captain of the King's Guard arrested him Me said Ancre Yes you by the Death of God answered Vitry who cried out Kill him whereupon he was killed by three Pistol Shots the King owning the Fact But
partake with him in any part of his Authority over it And now Monk with a better Authority and more Applause than Cromwel had might have set up himself for Protector or what he pleas'd but he saw the Genius of the Nation lay another way and that 't was more secure to follow it than to set up himself against it He held therefore private Intelligence with the Heads of the Secluded Members about their Restoration on certain Conditions The Secluded Members were zealously disposed to out the Rump upon any Terms whatever came of it they had more to say against the Rump than the Rump had against the Officers of the Army who had twice deposed them and the Rump began the Game with the Secluded Members before the Officers began with them So upon Feb. 21. Monk gave the Command of the Guard to Sir Anthony Ashley Cooper after Earl of Shaftsbury to permit the Secluded Members to enter the House the first whereof was W. Prynn tied to a great Basket-hilted Sword yet the Rumpers were not excluded nor did the Secluded Members care for it being four to one And so the Rumpers left the House and fell into a Relapse of their Convulsion out of which they never recovered nor did Barebone's Rabble afford them any Relief Thus you see the Rump and Secluded Members were like Virginal-Jacks too when one was up the other was down for the Secluded Members who before would not have the Nation or themselves safe unless they were an Undissolvable Parliament now to be revenged on the Rump are content to meet only to do Monk some Journey-work and then dissolve themselves The Secluded Members after they were in repeal their own Exclusion then vote Monk General of all the Forces in England Scotland and Ireland Mountague Admiral of the Fleet set Sir George Booth and those in Prison upon that account at liberty and soon after sent Lambert in his room and grant a Tax for Payment of the Army which now no Man disputed But Monk ' s Cares did not end here the Army without were more than fivefold to his within the City he therefore sent Letters to all the other Regiments of the Armies in England and Ireland To certify the Reason of the re-admission of the Secluded Members that without it there was no way to satisfy the Nation or raise Money to pay the Army and with large Assurances of their Constancy in their old Profession and Principles The Souldiers in general were glad to be out of their starving and wandring state and therefore in shoals submitted to Monk who yet would not receive them unless they would swear to be true to this Parliament as 't was called which he could but little trust to they having so often forswore themselves before yet these at present serv'd his turn and those who refus'd he cashier'd Now had horrible Dread overwhelm'd the Rumpers especially the Regicides they saw themselves hated by almost all the Nation yet at irreconcilable Variance one with another the Body of the Army which had raised them turned now against them they knew the Secluded Members had but a limited time to sit and then to dissolve themselves to make room for another which would certainly bring in the King to their utter Destruction In this Consternation Lambert escap'd out of the Tower and Col. Rich refused to submit Lambert posts to Warwick where he met Axtel Okey Cobbet Creed and some other disbanded Officers to whom many disbanded Soldiers joined which made up a little Army Colonel Streater a Confident of Monk's from Northampton gives Monk an Account of this whereupon the Council of State settled by the Secluded Members proclaim Lambert and all his Adherents Traitors and Monk sent Col. Rich. Ingoldsby a Gentleman of more true Courage than 20 of these sniveling Fellows who was before cashier'd for adhering to Ric. Cromwel when the Officers depos'd him with a strong Squadron of Horse to join Streater's Foot against them When these were joined upon Easter-day near Daventry both Armies came within sight of one another when Lambert made an Overture to Ingoldsby to restore Ric. Cromwel but Ingoldsby knew this Game was lost and that Lambert did not mean sincerely and so they fought Ingoldsby charged home and Lambert's Men could not sustain the Shock but fled and Ingoldsby it 's said took Lambert Prisoner with his own hands Lambert crying Quarter good my Lord for Ingoldsby was one of Oliver's Lords of the other House spare my Life With Lambert Cobbet and Creed were taken Prisoners Okey and Axtel escaped now but could not escape a greater Punishment than befel Lambert Cobbet or Creed for they were hang'd and quarter'd for having been K. Charles's Judges Nor was Rich's Fate much better than Lambert's for Col. Ingoldsby at Bury in Suffolk cashier'd him it 's said at the Head of his Regiment and disbanded it This was the End of that Invincible Army subdu'd by not one 6th part of it self for Monk when he came from Scotland had but 4 Regiments of Horse and 6 of Foot and I believe not 10 Men killed in their Defence and not one in the Reduction of the invincible Armado And now 't is time to see what followed the Secluded Members with much ado having dissolved themselves upon Mar. 17. issued out Writs for another to meet yet in the Name of the Keepers of the Liberties of the Commonwealth of England upon Apr. 25. the Elections to be as they were before the Year 1640. The gazing World eagerly expected the Success of this wondrous Revolution If we look abroad we shall see Mazarine after Cromwel's Death not foreseeing wherein the Confusions and Disorders in England would end unless in the Restoring the King which by Monsieur Bourdeaux the French Ambassador in England he diligently used his utmost Endeavours to prevent now sets up a Treaty of Peace with Spain and to forward it propounds a Marriage between the French King and the eldest Infanta of Spain the younger was after married to the now Emperor Leopold and the now King of Spain not born This Treaty was called The Pyrenaean Treaty But as this Treaty was made in deepest Dissimulation and Treachery so were the Preparations to it for at the same time the War continuing between Spain and Portugal the French King made an offensive League with Portugal for 10 Years not to treat with Spain unless the Portuguese were entirely satisfied in all their exorbitant Demands of Spain in which 't was agreed That all the Harbours the Portuguese should take in Spain either upon the one or other side of the Sea shall be put into the Power of France which you may read in the most excellent Treatise of the truly honourable and learned Statesman the Baron d' Isola Of the Buckler of State and Justice Chap. 1. And in regard there is so great a Connexion of the Pyrenaean Treaty with that of the Life of King Charles II. we 'll be more particular in it before we
Dutch in this Peace being to restore all they had taken in the Leeward Islands to the English And now the Steed is stoln the Stable-door is shut for after the Peace thousands of People were pressed in London to finish the Fort at Sheerness and it being a terrible aguish Time in an aguish Place almost all fell sick and it was deemed by many that more died there than in all the Dutch War In this Consternation 't was necessary to do something to appease the Parliament and People and so the King sends for the Seal from my Lord Chancellor Hide which was no sooner done but the Parliament were as fierce upon him as for the Dutch War One of his intimate Friends told me he took Counsel with his Friends whether he should stay or leave the Kingdom they all advised him not to stay and so he left the Kingdom yet fell into more Danger than if he had not for at Diep a Company of rude Sea-men endeavour'd to have assassinated him Thus fell this great Chancellor and Statesman I do not say a Sacrifice for either King or People having followed the King's Father in all his Wars and himself in his Exile yet he lived to see two Lord Chancellors in England and two Lord Keepers alive at the same time no Argument of the Steadiness of Counsels after him Two were deposed as well as he and the third with much ado lived to die in the Place A little before his Deposure as if he had lived long enough that great Standard of Loyalty and true Nobility my Lord Treasurer Southampton died but sure so upright a Chancellor or two such honourable Counsellors and Statesmen for their Integrity to the English Interest and great Understanding in State-Affairs have not since succeeded but they were but two to too many others and the King's Inclinations were towards the other side so as neither he nor my Lord Treasurer Southampton were present at the Council when the War was declared against the Dutch But this Power was in the Wain and the Torrent run t'other way It was time for the Dutch to make Peace with England for this Summer the French King with a mighty Army was fallen into Flanders and like a Torrent had ravaged Artois Hainault and other parts of the Spanish Netherlands and taken Charleroy Oudenard Aeth Courtray and Lisle But that we may take a better View of this War we must look back In the Year 1612 there was a cross Marriage between Lewis XIII of France and Philip IV. of Spain Lewis married Philip's Sister and Philip married Elizabeth Lewis his Sister By Elizabeth Philip had Don Belthazar and the Infanta married to the French King by the Treaty of the Pyrenees In the Year 1649 Elizabeth of France being dead Philip married Ann the Daughter of Ferdinand the Third Emperor Philip's own Niece by whom he had Charles the now King of Spain I do not find whether Don Belthazar was dead before the French King married his Sister but Charles the now King was born about Nine Months after the Pyrenean Treaty By the Pyrenean Treaty the French King by all that they call sacred in the Church of Rome and by all the Clauses the Wit of Man could express to avoid Evasion disclaimed all Right or Title to Spain or any part of it in the Right of the Infanta and Philip dying in the Year 1665 the French King did engage his Faith and Royal Word to the Queen by the Marquess De la Fuente that he would Religiously keep the Peace and continue a faithful Friendship with her and her Son during his Minority nay after the Eruption by the French into Flanders the Arch-Bishop of Ambrun did in Verbo Sacerdotis protest and vow to the Queen that his Master the French King would never break with the King of Spain or invade his Dominions during his Minority By this time the Dauphin I think was about Six Years old and his Father to cover his Hypocrisy and Perfidy pretended that the Women of Brabant by the first Venter inherit before the Males of the second but you shall see Brabant flow over all the Spanish Netherlands and therefore no Act of his could preclude the Dauphin who was born of Philip's first Wife which vain Pretension was throughly confuted by the renowned States-man the Baron de Isola in his excellent Treatise termed The Buckler of State and Justice However about four Days after the Arch-Bishop of Ambrun's Protestation the Queen of Spain had notice of a Manifesto published by the French King that he had so fully proved his Son's Title that he did not think himself obliged to spend any time in unprofitable Contests about it yet not to make War but to take Friendly Possession of what was so justly due to the Dauphin Never was Spain at so low an Ebb and unable to make Opposition to the French as at this time for besides our King 's giving up Dunkirk to the French and the breaking of the Spanish Army at the Fight at Elvas in Portugal which should have defended Flanders the War still continued there where the French by a Treaty with Portugal contrary to the Pyrenean Treaty were to have all the Port Towns taken from the Spaniard The Buchaneers at Jamaica plagued the Spaniard in the Returns of their Plate-Fleet and plundered and fired many of the Spanish Towns upon the firm Land And Don John the King's Bastard Brother and the Queen were at highest Discord about her Confessor Nitard so as Don John refused to accept of the Government of Flanders again to oppose the French Here 't is observable how much the French King's Ambition prevail'd beyond his Zeal to Religion for in 1665 and 1666 the Irish had been treating with him to send an Army into Ireland to assist the Irish in a designed Rebellion against the King which this Year was brought to Maturity and the French King promised to send them Forty Thousand Men to land on St. Lewis's Day in August But he kept his Promise no better with them to assist them than he did his Oath at the Pyrenean Treaty not to assist the Portuguese and to the Queen Regent in Spain not to invade any of the Spanish Dominions during the Minority of the King The King either stung with the Success of his Mother's Assurance that the Dutch would put out no Fleet this Year or at this time angry with his Brother of France for the Ravages he had made upon the English in the West-Indies whereby the King's Customs were much lessened or it may be having some Seeds of the wholsome Counsels which the Chancellor Hide and Treasurer Southampton had infused into him how dangerous it would be to England as well as Holland for the French to make a Conquest in Flanders sent to Sir William Temple his then Resident at Brussels to take joint Measures with the States for restraining the Progress of the French Conquests in Flanders This was in January 1667
not foreknown and ordered to be taken into Custody tho in Northumberland and Yorkshire and rarely I think any of them were discharged without paying their Fees but what Fees was what the Serjeant pleased nay the Commons outrun all which was ever thought of before For on Tuesday the 14th of December having voted one Mr. Herbert Herring to be taken into Custody and Mr. Herring absconding from being taken the House resolved That if he did not render himself by a certain Day they would proceed against him by Bill in Parliament for endeavouring by his absconding to avoid the Justice of the House Though I doubt the Lords in the Temper they were in nor the King neither would have passed such a Bill It was strange methought that the Commons should be so zealous against any Arbitrary Power in the King and take such a Latitude to themselves which puts me in mind of a Story I have heard of an old Usurer who had a Nephew who had got a Licence to preach and the Uncle having never done any thing for his Nephew he resolved to be revenged upon his Uncle in a Sermon which he would preach before his Uncle in the Parish where he lived and made a most invective Sermon against Usury and Usurers but after the Sermon was done the Uncle thank'd his Nephew for his good Sermon and gave him 2 Twenty-shilling Pieces the Nephew was confounded at this and begg'd his Uncle's Pardon for what he had done for he thought he had given him great Offence No said the Uncle Nephew go on and preach other Fools out of the Conceit of Vsury and I shall have the better Opportunity of putting out my Money Yet so zealous were the Commons against Popery and Arbitrary Power that upon the 15th of December they resolved that one Mean for the Suppression of Popery is That a Bill be brought in to banish immediately all considerable Papists out of the King's Dominions And that a Bill be brought in for an Association of all his Majesty's Protestant Subjects for the Defence of his Majesty's Person the Defence of the Protestant Religion and for the Preservation of his Majesty's Protestant Subjects against all Invasions and Oppositions whatsoever and for preventing the Duke of York or any other Papist from succeeding to the Crown And upon the 16th of December the Commons read another Bill the first time for exempting his Majesty's Protestant Subjects dissenting from the Church of England from the Penalties imposed upon the Papists and upon the 18th ordered a Bill to be brought in to unite his Majesty's Protestant Subjects In this Ferment of the Commons this Parliament they run counter to the Commons of the last Parliament for then they chose Mr. Edward Seymour to be their Speaker and when the King refused him they were much disgusted but in this Parliament the Commons the 25th of November impeached him upon four Articles and a Motion was made for an Address to be made to remove him from his Majesty's Council and Presence And in the last Parliament the Commons would not proceed to the Trial of the Popish Lords in the Tower before the Lords should give their Judgment upon the Earl of Danby's Plea whereas in this Parliament they proceeded to the Condemnation of my Lord Stafford without taking any notice that I can find of having the Lords Judgment upon the Earl's Plea The Commons took Care also to prosecute and impeach all those that countenanced the Popish Plot or were Abhorrers of petitioning the King for the Meeting of the Parliament in the manifold Prorogations of it and voted That it is and ever hath been the undoubted Right of the Subjects of England to petition the King for the Calling and Sitting of Parliaments and Redress of Grievances And that to traduce such petitioning as a Violation of Duty and to represent it to his Majesty as tumultuous and seditious is to betray the Liberty of the Subject and contributes to the Design of subverting the antient legal Constitutions of this Kingdom and introducing Arbitrary Power The first that fell under these Votes was Sir Francis Withens after made a Judg a Member of the Commons whom they voted to be a Betrayer of the undoubted Rights of the Subjects of England and ordered him to be expelled the House for this high Crime and to receive the Sentence at the Bar of the House kneeling which he submitted to The next was Sir George Jefferies then Recorder of the City and ordered that an humble Address be made to the King to remove him out of all publick Offices and that the Members which served for the City should communicate this Vote to the Court of Aldermen Upon this Account tho the Commons discriminated the Crime they ordered Sir Giles Philips and Mr. Coleman to be sent for into Custody of the Serjeant at Arms for detesting and abhorring the petitioning for sitting of the Parliament and voted it a Breach of Privilege of Parliament the like the Commons did by Captain William Castle Mr. John Hutchinson Mr. Henry Walrond Mr. William Stavel Mr. Thomas Herbert Sir Thomas Holt Serjeant at Law and Mr. Thomas Staples and because Sir Francis North Chief Justice of the Common Pleas advised and was assisting in drawing up a Proclamation against petitioning for the sitting of the Parliament the Commons voted That it was a sufficient Ground for the House to proceed against him for high Crimes and Misdemeanours The like Vote passed against Sir Thomas Jones one of the Judges of the King's Bench and Sir Richard Weston one of the Barons of the Exchequer I do not find these Votes went further but the Commons actually impeached Sir William Scroggs of High Treason for discharging the Grand Jury of Middlesex before they had finished their Presentments and for the Order made in the King's Bench against Care 's Pacquet of Advice from Rome 〈◊〉 the History of Popery that it should be no more printed or published by any Person whatsoever I do not find the Articles particularly recited but they were ingrossed upon the 7th of January and the Impeachment carried up to the Lords by my Lord Cavâ—â—dish and received by the Lords Note in this common Danger the Commons ordered Leave to bring in a Bill for a general Naturalization of all Protestant Aliens giving them Liberty to exercise their Trades in all Corporations Now it 's time to see wherein the Lords and Commons did agree and wherein they ran counter The Lords agreed with the Commons in repealing the Act of 35 Elizabeth viz. for Payment of 20 l. per mensem for every Man who resorted not to his Parish-Church being so terrible a Law that it lay dormant above 80 Years and in the Feuds between the Tories and Whigs it was begun to be put in Execution which the Commons apprehending would make a Breach so wide as to let in Popery which would make no Distinction between Dissenters and the Sons of the Church they brought in a Bill