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 refâse 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
he was over parsimonious ill becoming so great a Prince He laid the Foundation of an unhappy Reign before he became King not only in his Dissimulation in the Treaty of Marriage with the King and Infanta of Spain to the Displeasure of his Father but much more in the French Treaty not only in submitting to grant a Toleration of the Popish Religion and that his Children should be brought up under their Mother till they were twelve Years old but by engaging to assist the French King with a Fleet against the Reformed in France which he did tho the French broke their Faith in denying Mansfield to land the Army at Calais raised for the Recovery of the Palatinate Unlike his Predecesâor Henry the Fifth who so soon as he became King banished all his Flatterers and loose Companions and betaking himself to grave and wise Counsel he became the most Renowned and Victorious of all our English Kings Charles became more wilful and gave himself to be more governed by Favourites after he became King than before So that the insite Piety and Affection which is due to Parents and usually exprest in some mournful Demeanour upon their Death took no Impression in him after his Father's Death but contrary Passions against his Father's Counsel and Will prevailed upon him For next day after his Father's Death only the King and Buckingham present the Keeper Williams coming to wait upon him the King asked him whether the Parliament were dissolved upon his Father's Death Which when the Keeper told him it was the King commanded him to issue out new Summons for calling another and not to stay a day for Subsidies must be had for carrying on a War against Spain and when the Keeper advised him to consider a little hereof and that before Writs were issued out Interest should be made about Elections the King in Displeasure turn'd from him Which you may read in the second Book and second Folio of the Keeper's Life And these two things were observable in this Prince That when any advised him against his Will he would never ask it after or be Friends with him and that in all his Reign as well in Prosperity as in Adversity he would never own any one of his Irregularities to be so but justified them all to his Death As Henry was the most self-denying of all his glorious Actions ascribing them only to God so Charles upon all occasions in all his irregular Actions gloried he was accountable to none but God for them After he was married he became the most uxorious Husband of all our English Kings except Henry the Sixth and being intangled by the Articles of Marriage which the Queen fostered and the Laws and Constitutions of the Nation contrary to them which his Parliaments stedfastly asserted he became both ways uneasy and to reconcile them was impossible But to me it seems how uxorious soever the King was yet during Buckingham's Regency for so it may be truly called he had an Ascendency over the Queen as appears by the French War in the second Year of the King notwithstanding all the Power of the Queen against it He was unaffable in his Conversation and Approaches to him very difficult and those with such strained Submissions as were never required by any of his Predecessors As his Actions were without Counsel sudden and inconsiderate so were his Resolutions as variable and uncertain so that oftentimes he would change them the same day And as his Actions were without Counsel so were his Designs without Secrecy which blasted them as well at Home as Abroad He was so superstitiously addicted to the Arminian Clergy which flatter'd him that I do not find except Juxton Bishop of London that he preferr'd any others in the Church till he fell into Adversity In his adverse Fortune he would betake himself to contrary Extreams yet be as inconstant in them as in his Actions in Prosperity He was only constant in his Affections to the Queen after he had given up his Favourites in his prosperous Fortune to the Parliament and her Counsels fixed stedfast in him tho in his Declarations to the Kingdom and Parliament he profess'd otherwise and herein he was as unhappy as he was before in his Designs in his Prosperity for they whether by Fate or his own Imprudence became known to his Enemies who blaz'd them abroad not only to the Nation but all the World so that the sincerity of his Promises and Declarations became suspected as well by his Friends as Enemies and all Accommodation with them more difficult whereby it came to pass that his Armies being subdued by them and thereby falling into the Hands of his Enemies he became a Sacrifice to them in the 49th Year of his Age having reigned 23 Years ten Months and three Days leaving six Children three Sons Charles Prince of Wales James Duke of York and Henry Duke of Gloucester whereof the two elder were Exiles and three Daughters Mary Princess of Orange and Elizabeth a Virgin who not long survived him and Henrietta Maria born at Exeter So that as King John and his Son Henry the Third lost all Normandy and the greatest part of Aquitain to the French by endeavouring a more than Legal Jurisdiction over their Subjects whereby they lost their Love and Obedience so these two Princes Father and Son by raising and Arbitrary Power over their Subjects not only lost their Honour Abroad but with their own Subjects and for want of whose Assistance this King lost his Life and suffered the French to grow so great as to endanger the Safety of their own Subjects in the Realms of England Scotland and Ireland I 'll conclude this Story with one which a learned Gentleman who liv'd in those Times affirmed When the Duke of Buckingham was stabb'd by Felton 1628 the Earl of Portland was then newly made Lord Treasurer and the King to manifest his Affection to the Duke order'd the Treasurer to issue out of the Exchequer 30000 l. I think for a solemn Funeral for the Duke but the Treasurer unwilling the King should be at so hateful an Expence at a time when the King was at War with France and Spain told the King that the Sum laid out in erecting a stately Tomb for the Duke would be a more lasting Monument of his Favour to the Duke than a Funeral-Expence which would be but the Work of a Day and soon forgot The King assented and several Patterns were brought and what the King lik'd the Treasurer dislik'd till at last the King pitch'd upon one which he said he would have but then the Treasurer said Sir what will the World say that you should be at such an Expence for a Favourite when your Father has not a Stone to cover him which struck the King so as he proceeded no farther in it I remember I think it was in 1669. that the Commons voted 50000 l. for the Charge of taking up this King's Body and the solemn Funeral
all other imaginable Advantages they would not be of further use to the Nation than they had Hands to carry them on The Commons in the third Westminster Parliament upon the 31st of December in 1680 Gave leave to bring in a Bill for a General Naturalization of Alien Protestants and allowing them Liberty to exercise their Trades in all Corporations But why was this leave to be given only to Protestant Foreigners Let 's see how the Case stands and what Benefit the Nation can reap from it now the French King has expelled the Reformed out of France As the Case stands Holland France and Flanders are the Places from whence we can expect any Benefit by this Liberty In Holland Protestant Artificers are as free and easy as in England but in Flanders though they be an industrious and honest Sort of People yet are they all Popish and I am confident if they thought they might freely exercise their Religion in England Multitudes of them would seek an Asilum in England to be freed from the Insults and Tyranny they are always subject to from the French and it may be reasonably expected that Multitudes of People in the French Conquests would flee the French Tyranny in them if they might be free in their Religion in England and it is not unlike but upon Advantages given the French we might procure many of them to fish from our Western Ports if they were free in their Religion Object But this Permission would disturb the Peace and endanger the Safety of the Church of England Answ Good Men are scarce and so these Men had need of taking care for themselves and these Men are as careful of the Church as the Free-men are of their Privileges and rather suffer the Nation to sink than they any ways endangered Is not the Church of England in the Kingdom of England and protected by it so that if the Kingdom falls the Church cannot stand Did not our Saviour send his Apostles to propagate the Gospel in this World though they suffered Persecution and Martyrdom for it Yet these good Men are fearful of themselves and the Church of England if others come to support the Kingdom and enrich them When any Foreigners are planted here have not the Church-men if they will make it their Business an Opportunity of winning them to the Church of England and have Reason and the Authority of the Kingdom to do it and if these will not prevail the Fault is others not theirs For my part I detest the Roman Superstition and Idolatry as much as any Man and am as fearful of the Tyranny which the Pope claims as well over Princes as Mens Consciences yet I apprehend no Danger of either by this Liberty granted to Popish Artificers for it is one thing for Jesuits and Popish Priests to make it their Business to pervert Men to their Sentiments and another thing for poor Popish People to make it their Business how to subsist which will take up their whole time especially where they are in a strange Place and Strangers to the People unless by accident in their Dealings for their Support and also to the Language of the People where they live I would know what Inconvenience has followed for permitting Brewer and his Followers which were all Papists to instruct our Natives in making and dying fine Woollen Cloths and in all the Disturbances and Tumults of the late Times after 1640 let any Man shew me one Instance wherein the Walloons and their Descendants planted in London Norwich Colchester or Canterbury contributed to any of them however they had been sufficiently provoked thereto both by Arch-Bishop Laud and Bishop Wren Expedient XX. That it be free for all Foreigners to purchase Lands and Tenements in England The Reason hereof is because where Men purchase Lands and Tenements they design a Habitation whereby the Nation will be so much more peopled as Purchasers are more and the Kingdom so much strengthned and the King's Revenues so much increased as these Purchasers and their Families consume more excizable Goods or foreign which pay Customs and so much more as the Purchase-Money shall be more so much more will the Nation be enriched for the Lands and Houses we retain still and the Purchase-Money is an Addition to the Treasure of the Nation and this is so much an Advantage to the Nation because no Man in it runs any Hazard or Venture of Loss by it whereas in all the Wealth which Merchants acquire by Foreign Trades they run not only the Hazard of Loss but of being undone Expedient XXI That a publick Encouragement be given to all Foreigners which shall carry on the Fishing Trade from the Ports of England in the New-found-land Fishery and to Greenland Iseland Westmony and upon the Coasts of England and Scotland for the taking and curing White-Herring and Cod-fish The Reasons hereof are manifold for above all other Trades the Fishing-Trade encreases Mariners and Navigation for every Man in the Fishing-Trade becomes a Mariner whereas in the East-India and other Trades it may be a thousand Artificers do not employ one Mariner and in the East-India Trade it may be a Question whether we do not lose more Sea-men or make more Mariners and those which survive by reason of the Diversities of the Climates and their feeding upon salted Meats and drinking sour Drinks are so feeble that a Fisherman is able to fight and beat two of them Add hereto the Fishermen are always at home and so at hand upon all Occasions to serve the Nation whereas in the East-India Trade you scarce hear of one in two Years and not in a Year from those to Turkey and our American Plantations Besides these Fishing-Trades above all others employ all sorts of poor People at home in making Ropes Sails and Nets for it If ever these Fisheries be retrieved it will be with great Difficulty and a Work of Time considering the Poverty of the Coast-Towns of England and the Potency of the Dutch and French in opposing us who are possessed of them and it is more difficult to retrieve a lost Game than not to be able to play it before it be lost yet this Benefit we have by it that we have discovered how we lost our Game and how the Dutch and French won theirs In the Fisheries upon the Coast of England and Scotland besides the King 's indubitable Right whatever Grotius in his Mare Liberum says to the contrary the English may take in fresh Water and Provisions and dry their Nets upon the Shore which the King may forbid Foreigners to do in their Fisheries which may be of great Advantage to the English for the Dutch begin their Fisheries of White Herring upon the Coast of Schotland or Schetland upon the Rising Grounds as they call them and follow that Fishery four Months in the Year before the Herrings come to the Coast of Norfolk and Suffolk where we begin ours which Fishery we enjoy no longer than
Peace between England and Spain whereto both Kings were equally disposed more smooth and easy Yet Philip the 3d before he would openly seek it by an Ambassador from the Arch-Duke Albert Governor of Flanders felt the Pulse of the Court how it stood affected to a Peace with Spain which beat high towards it so as soon after it followed which as it was most beneficial to the English Nation so it had been to Spain if it had been as sincerely observed by King James as it was by Philip. Henry the 4th of France tho spited as 't was said that King James should not only come so peaceably but with universal Acclamations to the Crown of England whereas he laboured with such difficulty above seven Years to attain that of France and at last was forced to a dishonourable Submission to the Pope Clement VIII Yet being a Prince of great Prudence in Peace as well as fortunate and victorious in War sent Monsieur de Rosny Great Treasurer of France to renew the Treaty of Peace and Commerce formerly made between Queen Elizabeth and him which was without any difficulty done The King being thus at Peace Abroad and at Home not only in England but in Ireland as if the Wars expired there with Queen Elizabeth he not only pardoned the Earl of Tyrone the Head of that Rebellion but by Proclamation declar'd he was restor'd to the King's Favour and to be honourably used of all Men. But how pleasing soever the King 's coming to the Crown of England was to the English Nation it seems it was not so or something else to God for an horrible Plague greater than any since that in the Reign of Edward the 3d accompanied his coming in There were two Factions in England when the King came to the Crown distinguished by the Names of Puritans and Papists both dissenting from the Religion established in the Church of England the King hated those and wrote against these chiefly for their Doctrine of the Pope's Power of deposing Kings These received the King after different manners the Puritans had a huge Expectation of his Favour because he was bred up in their Doctrine and Discipline but were much deceived in it for he rarely mentioned them but with Detestation which he did not those of the Popish Religion However in January they obtained a Conference with the Church-Party at Hampton-Court where the King himself would be Moderator whilst most of the Nobility and Bishops were Spectators You need not doubt which Party prevail'd the Nobility and Bishops not only giving the King the Victory with the Epithets of The Solomon of the Age The most Learned but of being inspired But what Expectation soever the Puritans had of the King 's coming to the Crown the Papists had another Lesson taught them for tho the Popish Conspiracy against the Person of Queen Elizabeth ceased upon the Death of the Queen of Scots yet did not the Pope's Designs upon the Kingdom of England do so but Clement VIII in the Year 1600 sent Orders to his Emissaries in England that the Catholicks should admit none to succeed the Queen but one obedient to the Holy See and in Conformity hereunto Watson and Clark two Romish Priests joined in Cobhant's Conspiracy to have kept the King from coming to the Crown and were executed for it as Traitors but the Effects of the Pope's Instructions did not die with Clark and Watson as you 'll soon hear and upon the 24th of October 1603 a Proclamation was made for Quietness to be observed in Matters of Religion Notwithstanding the Rage of the Pestilence the first nine Months after the King 's coming to London all were Halcion-days Proclamations Pageants Feastings Creation of Lords and Knights Reception of Foreign Ambassadors erecting a Master of the Ceremonies after the Mode of France c. and in this time the Dignified Clergy and those who courted to be so with the Favourites at Court with whom the Civilians chimed in had so rooted their Doctrine of the King 's Absolute Power and that notwithstanding his Succession to the Crown of Scotland in the Life of his Mother he succeeded by inherent Birth-right and that Primogeniture is the Gift of God by the Law of Nature and that in his Person was reconciled all the Titles of our Saxon Danish and Norman Race of Kings that being propensly disposed to receive the Impressions they took such deep root in him that in all his Life after he would never with Patience hear any thing to the contrary however it was not long before he heard of it as you shall hear But we will stay a little and see how inconsistently these Flatterers jumbled an Absolute and Hereditary Monarchy together and how this King reconciled the Titles of the Saxon Danish and Norman Titles to the Crown For no Hereditary Monarch that ever reigned in this World but derived his Title from an Ancestor who had no Hereditary Right nor did ever any Hereditary King succeed but to govern by Laws and Constitutions which were established before he became King So however Absolute may be applicable to Conquerors yet it is inconsistent with Hereditary Kings especially in a Regular Monarchy as that of England is and those of old as of the Medes and Persians where the Will of the King alone could not alter the Laws and Constitutions of them And now let us see how King James came to claim his Crown by inherent Birth-right and how all the Saxon Danish and Norman Titles came to be reconciled in his Person It 's evident to me that tho only God can make an Heir and that tho Primogeniture be natural yet God in disposing Kingdoms is not obliged to it tho Grotius lib. 1. Tit. 11. de Jure Belli Pacis is pleased to say the Law of Nature is immutable by God himself but reserves unto himself the Prerogative of disposing Kingdoms without restraining the Succession of the King to Primogeniture or Hereditary Succession Here let us see in Epitome which you may read at large in Sir William Jones his History of the Succession of the Kings of England before and after the Conquest and the History of the Succession of the Crown of England from King Egbert to Henry the 8th printed in the Year 1690 where you will see that tho the Kings of England both before and after the Conquest succeeded in their Royal Families yet many more were not in the right Line than in it and tho before Caesar invaded Britain there was no other Government but Kingly yet Britain was divided into so many petty Kingdoms that tho it had not been barbarous it would have been as difficult to have wrote the History of the Succession of their Kings as to have wrote the History of the Succession of the Kings immediately after the Flood After the Roman Empire oppressed by its own Weight by the Division into Eastern and Western its intestine Jars and the over-flowing of barbarous Nations was so torn
of great Personages for so small a matter Then he willed the Viscount to consider with himself the Condition of the Countess the manner of her Carriage from her Youth her present Conversation the many Envies Dishonours and Dislikes which attend upon her and besides which is the Opinion of the Vulgar and he should find it so many Evils to attend his Subversion and Overthrow That it was not the Nature of a wise Man to make her his Wife whom he had made his Whore Lastly Sir Thomas advised him that he should expect no better Requital from her than such as she had shewed to her former Husband and withal to weigh the present Condition he is in and compare it with the future and much more to this purpose and that Honour is not attended by Voluptuousness nor the Ruines of a rotten Branch to be cherished upon a new planted Tree but if he the Viscount meant to be made famous and to continue that with him which he now freely enjoyed Sir Thomas his Opinion was That he should utterly leave and forsake the Countess's Company and hold her both hurtful and hateful Rochester was surprised at Overbury's Advice and the more by how much less he expected it and falls out with Overbury and gives him harsh Language but Overbury retorts again and persists in his Advice and demands his Portion due to him of Rochester and so leaves him to his own Fortunes If Rochester was surprized at Overbury's Advice the Countess was enraged at it so as nothing less than Overbury's Blood could appease her Revenge but how to compass it would be a work of time and required deep Consideration Secrecy and Resolution But we leave this Affair here to take a view of other Occurrences which happened this Year 1610. To the King 's former Monopolies he this Year added another which caused many Commotions here and endangered a Rupture with the Dutch and this was the Case The English at this time were not skilled in the Art of dressing and dying English Woollen Manufactures but after they were made here they were vented into Holland where they were dressed and dyed Alderman Cockaine and some rich Citizens having as was said promised Rochester Northampton and the Lord Treasurer great Sums of Money to procure them a Patent for dressing and dying of Cloths and that the King would seize into his Hands the Charter of the Merchant-Adventurers for transporting of white undressed Cloths Cockaine pretending that besides the enriching the Nation multitudes of poor People might be employed to the Benefit of the Nation which now were a Burden to it Hereupon the King seizes upon the Merchant-Adventurers Patent and grants to Cockaine and others a new Patent for dressing and dying Cloths But Cockaine's Project succeeded both ways quite contrary for the Dutch prohibited the Importation of English drest and dyed Cloths from England and Cockaine and his Company not only dyed and dressed the Cloths worse and dearer which are ever the Consequences of Monopolies than they were in Holland but these being restrained to a Company they could not near dress and dye the Cloths made in England Whereupon the making Cloths stood at a stand and infinite Numbers of poor People which were imploy'd in making Cloths lay idle and were reduced to a starving Condition this raised great Clamours which arrived at the Council which to pacify the Council permitted some quantities of white Cloths to be transported but this did at present but skin the Soar not cure it as you will soon hear This Year was wounded up in a mournful Catastrophe for upon the 6th of November Prince Henry died in the beginning of the Blossom of his Youth being 18 Years 8 Months and 17 Days old A Prince adorned with Wisdom and Piety above his Years Strength and Ability of Body equal to any Man of a Noble and Heroick Disposition and an hater of Flatteries and Flatterers and therefore fell flat at odds with Rochester not once giving him any Countenance or vouchasafing him his Company I have heard my Father who was about the Prince's Age tell several Stories of him Once when the Prince was hunting the Stag it chanced the Stag being spent crossed the Road where a Butcher and his Dog were travelling the Dog killed the Stag which was so great that the Butcher could not carry him off When the Huntsmen and Company came up they fell at odds with the Butcher and endeavoured to incense the Prince against him to whom the Prince soberly answered What if the Butcher's Dog killed the Stag what could the Butcher help it They replied If his Father had been served so he would have sworn so as no Man could have endured it Away replied the Prince all the Pleasure in the World is not worth an Oath Another time when the French Ambassador came to take his leave of the Prince the Ambassador asked him What Service he would command him to his Master the Prince bid him tell his Master what he was a doing being then tossing ãâã Pike The Prince had an high Esteem for Sir Walter Rawleigh and would say No other King but his Father would keep such a Maââ as Sir Walter in such a Cage meaning the Tower His Court was more frequented than the King 's and by another sort of Men so that the King was heard to say Will he bury ãâã alive And the high Church-Favourites tax'd him for being a Patriot to the Puritans Never was any Prince's Death more universally and cordially lamented and the more by how much the Suddenness of his Death being known before his Sickness was scarce heard of was surprizing As Mens Humours flowed they vented their Passions some said A French Physician killed him others He was poisoned and it was observed that poisoning was never more in fashioâ than at this time others That he was bewitched c. Whether it were to appease these Clamours or out of Curiosity I cannot tell but Dr. Mayerne Dr. Atkins Dr. Hammond Dr. Palmer Dr. Gifford and Dr. Butler were ordered to dissect the Prince's Body the next day after his Death and to give their Opinions of it which were First They found his Liver paler than ordinary in certain place somewhat wan his Gall without any Choler in it and distendeâ with Wind. Secondly His Spleen in divers places more than ordinarily black Thirdly His Stomach was in no part offended Fourthly His Midriff in divers places black Fifthly His Lungs were very black and in divers places spotted and of a thin watry Blood Sixthly That the Veins of the hinder part of his Head were fullâ than ordinary but the Ventricles and Hollowness of the Brain ãâã full of clear Water However Prince Henry died Henry the 4th of France died by ãâã violent Death being stabb'd by Raviliac the 4th of May thâ Year his Predecessor Henry the 3d being about 22 Years before stabb'd by James Clement a Jacobite Friar At Henry the 4th his Death there was an universal Peace
Ancre's Fate did not end with his Life for the next day after he was buried the Lacquies of the Court and Rabble of the City digged up his Coffin tore his Winding-Sheet and dragged his Body through the Gutters and hanged it upon the Gibbet he had prepared for others where they cut off his Nose Ears and Genitors which they sent to the Duke of Main Head of the Popish League the great Favourite of the Parisians and nailed his Ears to the Gates of Paris and burned the rest of his Body and hurled part of the Ashes into the River and part into the Air and his Wife soon after was condemned by the Parliament of Paris for a Witch for which she was beheaded In the Year 1618 a Blazon Comet appeared and the Marquess of Buckingham by the removal of my Lord Admiral Nottingham who was so in the famous Overthrow of the Spanish Armado in 1588. was made Lord Admiral being as well qualified for that Office as he was for being Prime Minister in State-Affairs It was no wonder that Lewis XIII th after the Death of the Marquess d' Ancre and his Wife should remove his Mother from State-Affairs and confine her to Blois to make room for Luynes to govern him more absolutely than the Marquess and his Wife had done his Mother for Lewis as he was of a feeble Constitution both of Body and Mind so Luynes was a kind of Governor to him appointed so by his Father Henry the 4th to humour him in all his Childish Toys and Pleasures So tho Rehoboam when forty Years old was governed by young Men not in Years but Understanding so neither was it any great wonder that Edward the 2d a young Man should be governed by Pierce Gaveston a Person of far more accomplished Parts than Buckingham for Gaveston was bred up with Edward and had so far by his Flatteries prevailed upon him that Edward could not enjoy any Pleasure in his Life without him But for an old King having been so for above fifty one Years to dote so upon a young Favourite scarce of Age yet younger in Understanding tho as old in Vices as any in his time and to commit the whole Ship of the Common-wealth both by Sea and Land to such a Phaeton is a Precedent without any Example But how much soever the Safety of the English Nation was endangered hereby yet the but mentioning any thing hereof was an Invasion of the King's Prerogative and meddling with State-Affairs which was above the Capacity of the Vulgar and even of the Parliament as you will soon hear But how absolute soever the King was at Home the face of Affairs Abroad stood quite contrary for the Dutch having retrieved their Cautionary Towns out of his Possession had the King in such Contempt that they neither regarded him nor his new Lord High Admiral and this Year says the Author of the Address to the Free-men and Free-holders of the Nation in his second Preface f. 13 14. The Dutch never before fished upon the Coast of England till they had begged leave of the King or Governour of Scarborough Castle but this was now thought beneath the Magnificence of the Hogan Mogans and therefore they refused it They had been formerly limited by our Kings both for the Number of their Vessels they should fish with and the time Now they resolve to be their own Carvers and in order to that denied the English the Sovereignty of the British Seas and as if this had not been enough drew nearer and nearer upon the English Shores Year by Year than they did in preceding Times without leaving any Bounds for the Country-People or Natives to fish upon their Princes Coasts and oppressed some of his Subjects with intent to continue their pretended Possession and had driven some of their great Vessels through their Nets to deter others by like Violence from fishing near them c. as Secretary Nanton January 21 1618. told Carleton the Dutch Ambassador And to justify all this they set out Men of War with their Fishermen to maintain all this by Force But it was not Fish our new Lord Admiral cared for nor did he care for the King's Soveraignty of the British Seas so as he might be Lord High Admiral in Name The Sails of Buckingham's Ambition were not full swelled till to the Title of Lord High Admiral the Lord Warden of the Cinque-Ports was added to it tho he regarded the guarding the Coasts of England as little as he did the Soveraignty of the British Seas Nor did the accumulated Honours to himself alone satisfy his Ambition but a new Strain his Mother tho a professed Papist must be pullied up with him in a concurring Title of the same Honour by being created Countess of Buckingham And being thus exalted she forsook her Husband's Bed which she sanctified by being converted to the Church of Rome and as her Son governed the King so she governed her Son so that as Mr. Wilson observes fol. 149. tho her Son acted in appearance in all Removes and Advancements yet she wrought them in effect for her Hand was in all Actions both in Church and State and she must needs know the Disposition of all things when she had a feeling of every Man's Pulse for all Addresses were made to her first and by her conveyed to her Son for he looked more after Pleasure than Profit which made Gundamor who was well skill'd in Court Holy-Water among his other witty Pranks write merrily in his Dispatches to Spain that there were never more hopes of England ' s Conversion to Rome than now For there were more Oblations offered here to the Mother than to the Son Then he tells the Marquess's Behaviour to attain his Ends of Ladies how he married the Earl of Rutland's only Daughter the greatest Fortune in England but being a Papist how she was converted by Dr. White tho the Bishop of Litchfield attributes her Conversion to Dr. Williams Dean of Westminster but was brought back to the Church of Rome by the Countess of Buckingkam The next Year if you begin at January Queen Ann died the 22d of March but this is but a beginning of the King's Sorrows at least of his Troubles But this no way troubled our young Favourite but to encrease the Honour of his Family by Sir George's second Brood in June following he had his eldest Brother John created Baron Stroke and Viscount Purbeck tho I do not find he ever gave him one Penny to maintain these Titles Such disgust the King had taken at the Commons representing the Grievances to him in the last Parliament that in his Cups and among his Familiars upon all Occasions he would inveigh against Parliaments saying God is my Judg I can have no Joy of any Parliament in England and that he was but one King and there were alove five hundred in the House of Commons So as if he could have helped it he never would have been troubled with another but
Angely Gergeau Sancerre and Saumur which were all the Cautionary Places which the Reformed had upon the Loire and also Suilly Merac and Caumont King James that he might as much appear for the Reformed as he had done for his Son-in-law sent Sir Edward Herbert after Baron Herbert of Cherberry his Ambassadour into France to mediate a Peace between the King and the Reformed and in Case of Refusal to use Menaces which Sir Edward bravely performed to Luynes and after to the French King himself which being misrepresented to King James Sir Edward was recalled and the Earl of Carlisle was sent Ambassadour into France in his room and the Earl finding the Truth to be otherwise than was represented by Luynes acquainted the King with it Hereupon Sir Edward kneeled to the King and humbly besought him that since the Business between Luynes and him was become publick that a Trumpeter if not an Herald on Sir Edward's Part might be sent to Luynes to tell him That he had made a false Relation to the King of the Passages between them and that Sir Edward would demand Reasons of him with Sword in Hand on that Point but the King was not pleased to grant it and here began the Downfal of the Power of the Reformed in France and the Rise of the French Grandeur by Land In this rotten and teachy State of Affairs before the Meeting of the Parliament the King issued out a Proclamation of which he was as prodigal as bountiful to his Favourites forbidding Men to talk of State-Affairs as if his Favourite Buckingham who governed all was so mindful of them nor was the King less jealous of the Parliament's meddling with State-Affairs than of the Peoples talking of them out of Parliament so that the King upon the opening of the Parliament the 30th of January told them of the Constituting Parts of a Parliament and how it was twelve Years since he had received any Aids from Parliaments and how that though he had prosecuted a Treaty of Marriage between the Prince and Infanta of Spain which if it were not for the Benefit of the Established Religion in England and of the Reformed abroad he was not worthy to be their King and though he had refused to assist his Son-in-law in his Election to the Kingdom of Bohemia being a matter of Religion contrary to what he had wrote against the Jesuits yet that he could not sit still and see the Patrimony of his Children torn from them by the Emperor and therefore was resolved to raise an Army next Summer and that he would engage his Crown his Blood and Soul for the Recovery of the Palatinate And having before told the Commons of their Duty to petition the King and acquaint him with their Grievances but not to meddle with his Prerogative he after tells them that who shall hasten after Grievances and desire to make himself popular has the Spirit of Satan The Parliament notwithstanding the violation of their Privileges the last Parliament by the King 's imprisoning their Members yet being zealous to assist the King against the Emperor and King of Spain in favour of the Palsgrave and though the Nation at no time before so much abounded in Corruption and Grievances yet to humour the King inverted the Methods of Proceedings in Parliament and the Commons granted the King two entire Subsidies and the Clergy three before they entred upon Grievances which so pleased the King that in a Speech in the House of Lords he declared it was more acceptable to him than Millions it shewing he reigned in the Love and Affections of his Subjects but he did not long hold in this Mind At this Sessions of Parliament if it may be called so no Act but that of the Subsidies passing Sir Giles Mompesson and Sir Francis Michel were sentenced and degraded for erecting new Inns and Ale-houses and exacting great Sums of Money by pretence of Letters Patents granted for that purpose Sir Giles fled and so escaped a farther Punishment but Sir Francis was condemned to perpetual Imprisonment in Finsbury Goal Sir Francis Bacon Viscount Verulam and Lord Chancellor was likewise censured deposed fined and committed Prisoner to the Tower for Bribery and Bacon's Fall was Doctor Williams's Rise Dean of Westminster to be Lord Keeper of the Great Seal But the Commons debating the Growth of Popery and the dangerous Consequences of the Spanish Match contrary to the King's Speech and Inclinations he upon the Fourth of June which the Commons took to be an Invasion upon their Privileges by Commission adjourned them to the 14th of November and by a Proclamation forbid the talking of State-Affairs In this recess the Spaniards took Stein in the lower Palatinate and the Duke of Bavaria all the Upper Palatinate and the Arms of Lewis prevailed more upon the Reformed in France yet none of these prevailed upon the King further than to mediate a Suspension of Arms in order to treat an Accommodation between the Emperor and his Son-in-law and the French King and the Reformed which had no other Effect but to make the King contemptible in Germany as well as France his Power and Authority being bounded up only in Words and Messages which the King's ill-Willers blazing abroad cost the King more than would have recovered the Palatinate However the King abated nothing of his Pleasure and dissolute Life but according to the usual Methods of his Life in the Autumn went to New-Market to divert himself with Hunting from the trouble of Affairs either foreign or domestick leaving his Favourite Buckingham Dictator of all his Affairs when the Parliament met again But how remiss soever the King was of his Affairs the Commons were not perhaps heated by their Adjournment and alarmed at the Progress of Lewis against the Reformed in France and of the Emperor and King of Spain not only in the Palatinate but all over the Empire against the Protestants and also with the Liberty which the Popish Party took upon the hopes they conceived would accrue to them by the Spanish Match still as fervently pursued by the King and Prince as ever the King being encouraged hereto by the Earl of Bristol the King's Ambassador in Spain but more by the Spanish Ambassador Gundamor here A Person as Nâni observes who with a stupendous Acuteness of Wit so confounded pleasant things with serious that it was not easy to be discerned when he spoke of Business and when he rallied he had so insinuated himself into the Mind of the King that he need not take any further care of restoring his Son-in-law to the Palatinate but by Prince Charles his marrying with the Infanta the Treaty whereof now is 8 Years old being brought to Maturity and Perfection so soon as the Pope should grant a Dispensation The House of Commons hereupon being ill satisfied with the Distribution of the Subsidies before granted to the King resolve to proceed upon Grievance before they granted more Supplies and to that end drew up
a long and particular Remonstrance which you may read at large in Mr. Rushworth's Collections fol. 40 41 42. setting forth the dangerous State of the Nation and of Christendom by the Alliances of the Pope and Popish Princes especially the King of Spain chief of the League and what dismal Consequences would follow by the Marriage of the Prince with the Infanta c. yet resolve to grant the King another Subsidy for carrying on the War for the Recovery of the Palatinate but withal humbly desired his Majesty to pass such Bills as shall be prepared for his Honour and the general Good of his People accompanied with a general Pardon as is usual concluding with their daily Prayers to the Almighty the great King of Kings for a Blessing upon their Endeavours and for his Majesty's long and happy Reign over them and for his Childrens Children after him for many and many Generations The Noise of this Remonstrance so disturbed the King in his Pleasures at New-market which all his Cares for the Preservation of his Son-in-law's Patrimony could not do that upon the 3d of December he wrote to Sir Thomas Richardson Speaker of the House of Commons this Letter which because of the Rarity of it by any King of England to his Parliament before we will give verbatim Mr. Speaker WE have heard by divers Reports to Our great Grief that Our distance from the Houses of Parliament caused by our Indisposition of Health hath imboldned the fiery and popular Spirits of some of the Commons to argue and debate publickly of Matters far above their Reach and Capacity tending to Our high Dishonour and breach of Prerogative Royal. These are therefore to command you to make known in Our Name unto the House that none therein from henceforth do meddle with any thing concerning Our Government and deep Matters of State and namely not to deal with Our dear Son's Match with the Daughter of Spain nor to touch the Honour of that King or any other of Our Friends and Confederates and also not to meddle with any Man's Particulars which have their due Motion in any of Our ordinary Courts of Justice And whereas We hear they have sent a Message to Sir Edwin Sandys to know the Reasons of his late Restraint you shall in Our Name resolve them that it is not for any Misdemeanor of his in Parliament but to put them out of doubt of any Question of that nature that may arise among them hereafter you shall resolve them in our Name that We think our self very free and able to punish any Man's Misdemeanors in Parliament as well during their Sitting as after which We mean not to spare hereafter upon any Occasion of any Man 's insolent Behaviour there that shall be ministred unto Vs And if they have already touched any of these Points which We have forbidden in any Petition of their which is to be sent to Vs it is Our Pleasure that you tell them That except they reform it before it comes to our Hands We will not deign the Hearing nor Answering of it The Commons having a publick Trust reposed in them and truly apprehensive of the dangerous State of the Protestants in Christendom as well as of the Kingdom and that not only the King's remisness in taking care of both but the Designs he prosecuted were equally dangerous to both in a most humble and supplicant Remonstrance represent to the King his recommendation of the Affairs of the Palatinate to them and the dangerous State of Christendom in discourse whereof they did not assume to themselves any Power to determine of any part thereof nor intend to encroach or intrude upon the Sacred Bounds of his Royal Authority to whom and to whom only they do acknowledg it does belong to resolve of Peace and War and of the Marriage of the most noble Prince his Son but as his most loyal and humble Subjects do represent these things to his Majesty which otherwise could not so clearly come to his Knowledg c. They beseech his Majesty that they may not undeservedly suffer by the Misinformation of partial and uncertain Reports which are ever unfaithful Intelligencers and not give Credit to private Reports against all or any of their Members whom the House hath not censured until his Majesty hath been truly informed from themselves that they may stand upright in his Majesty's Grace and good Opinion than which no worldly Consideration can be dearer to them c. Which you may read at large in Mr. Rushworth's Collections Fol. 44 45 46. The King having cast the Sheet-Anchor of all his Hopes upon the Spanish Match whereby he should not only re-establish his Son-in-law in the Palatinate and get more Money than he could hope for in Parliament furled all his Sails and resolved to ride out this Storm of the Commons notwithstanding his Pleasures and Indisposition of Health in a long Invective against them in a Scotisâ Dialect which you may read at large in Rushworth's Collections the Heads whereof were 1. That he must repeat the Words of Queen Elizabeth to aâ insolent Proposition made by a Polonian Ambassador Legatuâ expectabamus Heraldum accepimus that he had great Reason to have expected better from them for the 37 Monopolies and Patents called in by him since the last Recess and for the three whereof Mompesson and Michel were censured but of these he heard no news but on the contrary Complaints of Religion tacitely implying his ill Government 2. That the taxing him with trusting to uncertain Reports and partial Informations concerning their Proceedings was needless being an old and experienced King and in his Conscience the freest of any King alive from hearing or trusting to idle Reports That in the Body of their Petition they usurp upon his Prerogative Royal and meddle with things far above their Reach and then protest to the contrary as if a Robber should take away Man 's Purse and then protest he meant not to rob him 3. That his Recommendation of the War for regaining the Palatinate was no other than if it could not be recovered otherwise which can be no Inference that he must denounce War against the King of Spain break his dearest Son's Match and match him to one of our Religion which is all one as if we should tell Merchant we had great need to borrow Money of him for raising an Army and that thereupon it should follow that we were bound to follow his Advice in the Direction of the War That this Plenâpotency of theirs invests them with all Power upon Earth lacking nothing but the Pope's to have the Keys both of Heaven and Purgatory That it was like the Puritans in Scotland to bring all Causes within their Jurisdiction or like Bellarmine's distinction of the Pope's Power over Kings in ordine ad Spiritualia whereby he gives them all temporal Jurisdiction over them 4. That he expected the Commons would have given him Thanks for the long maintaining a setled
Molestation other than by Censure of the House it self for or concerning any speaking reasoning or declaring any Matter or Matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the Advice and Consent of all the Commons assembled in Parliament before the King give Credence to any private Information If the King was alarmed at the Commons Remonstrance this Protestation of the Commons was such an Invasion upon his Sacred Prerogative Royal that neglecting his Pleasures and Health which he took such care to preserve by retiring into the Country up he now comes to London and upon the 30th of December and in a full Assembly of Council and in the Presence of the Judges declares the said Protestation invalid annull'd and void and of none effect Manu sua propria takes the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of the Council-Causes And on the 6th of January the King by his Proclamation dissolved the Parliament Shewing that the meeting continuing and dissolving of Parliaments does so peculiarly belong to him that he needs not give any account thereof to any other yet he thought fit to declare that in the Dissolution of this Parliament he had the Advice and Vniform Consent of his whole Council and that some particular Members of the Commons took inordinate Liberty not only to treat of his High Prerogatives and sundry things not fit to be argued in Parliament but also to speak with less respect of Foreign Princes That they spent their time in disputing Privileges and descanting upon the Words and Syllables of his Letters and Messages and that these evil-temper'd Spirits sowed Tares among the Corn and by their Carriage have imposed upon him a necessity of discontinuing this present Parliament without putting to it the Name or Period of a Session And lastly he declared That tho the Parliament were broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call another CHAP. IV. A Continuation of this Reign to King James his Death THE first Act the King did to make good his Promise in his Proclamation to govern well was his Commitment of Sir Edward Coke and Sir Robert Philips to the Tower and Mr. Selden Mr. Pym and Mr. Mallery to other Prisons and Sir Dudley Diggs Sir Thomas Crew Sir Nathaniel Rich and Sir James Parrot into Ireland Sir Thomas Overbury had a Cause assigned for his Commitment to the Tower but yet it was observed an Hardship upon him without any Precedent that he should be confined a close Prisoner for a Contempt whereas these were not only confined but close Prisoners for ought I can find I am well assured Sir Edward Coke was not only without any Cause shewed but for performing a publick Trust reposed in them Nor did the Commons only suffer under this Fury of the King for performing their Duty but the Noble Earl of Southampton was imprisoned for his freedom of Speech and for rebuking Buckingham for his disorderly speaking in the House of Lords as you may see in the first Part of Keeper Williams's Life fol. 62. tit 8. But of all others this Storm fell most severely upon Sir Edward Coke and by several ways his Ruin was contrived First By sealing up the Locks and Doors of his Chambers in London and in the Temple Secondly By seizing his Papers by virtue whereof they took away his several Securities for Money as a learned Lawyer Mr. Hawles hath observed Thirdly It was debated in Council when the King would have brought in the General Pardon containing such Points as he should think fittest by what ways they might exclude him from the benefit of it either by preferring a Bill against him before the Publication of it or by excepting him by Name Fourthly If the King's Name were used by Northampton and Somerset to confine Sir Thomas Overbury so close that neither his Father nor Servants should come at him so was the King's Name used here that none of Sir Coke's Children or Servants should come at him and of this I am assured from one of Sir Edward's Sons and his Wife Fifthly In this Confinement the King sued him in the King's-Bench for 30000 l. 2 s. 6 d. for an old Debt pretended to be due from Sir William Hatton to Queen Elizabeth and this was prosecuted by Sir Henry Yelverton with all Severity imaginable but herein the King's Counsel were not all of one piece for when a Brief against Sir Edward was brought to Sir John Walter I think then Attorney-General he returned it again with this Expression Let my Tongue cleave to the Roof of my Mouth whenever I open it against Sir Edward Coke however after the Trial the Verdict was against the King Mr. Selden got his Liberty by the favour of my Lord Keeper Williams but the rest must abide by it till the breaking of the Spanish Match necessitated the King to call another Parliament But lest the King's Word in his Proclamation for governing well should not pass currant and without dispute the King ordered the Judges in their Circuits to give this in their Charges That the King taking notice of the Peoples liberal speaking of Matters far above their reach and also taking notice of their licentious undutiful Speeches touching State and Government notwithstanding several Proclamations to the contrary the King was resolved no longer to pass it without severest Punishment and thereupon to do exemplary Justice where they find any such Offenders The King having in the ninth Year of his Reign borrowed 111046 l. upon Privy-Seals which the Writer of the Historical Narration of the first 14 Years of King James his Reign Tit. Monies raised by him fol. 14. says were unrepay'd Now since he could receive no more Money in Parliament orders the Privy-Council to issue out an Order for raising Money out of Parliament for the Defence of the Palatinate and also sent Letters to the Justices of the Courts in Westminster-Hall and Barons of the Exchequer to move them and perswade others to a liberal Contribution for the Recovery of the Palatinate according to their Qualities and Abilities Nevertheless if any Person shall out of Obstinacy or Disaffection refuse to contribute thereto proportionably to their Estates and Means they are to certify their Names to the Council-Board Letters to the same effect were directed to the High-Sheriffs of Counties and Justices of Peace and to the Mayors and Bayliffs of every City and Corporation within the Kingdom requiring them to summon all before them of known Abilities within their Jurisdictions and to move them to a chearful Contribution according to their Means and Fortunes in some good measure answerable to what others well
affected have done before them And to make choice of meet Collectors of the Monies and to return a Schedule of the Names of such as shall contribute and the Sums that are offered by them that his Majesty may take notice of the good Inclinations of the Subjects to a Cause of such Importance as likewise of such others if any such be as out of Obstinacy or Disaffection shall refuse to contribute These were the Ways which this pacifick King took in and out of Parliament which I believe except in the Reign of Edward the 4th were never practised by any of our English Kings and all this under the specious Pretence of recovering his Son-in-law's Patrimony prodigally to squander it among his Favourites especially Buckingham whose Avarice could not be supported otherwise by the Revenues of the Crown and Venality of all Places Sacred and Civil These were the Noble Atchievements which this pacifick King obtained over his Parliament which presumed to advise him for his own Honour and the Nation 's Safety this was the Return he made for inverting the Methods of Proceedings in Parliament to pleasure him by granting Subsidies before Grievances were redrest A Prince foreign born to our English Laws and Constitutions A Prince as the noble Nani Anno 1619. fol. 137 138. observes in whom Decorum and want of Power were commonly Opposites he being Scotish by Birth and come to the Crown by Inheritance was the first that governed the two Nations by Natural Antipathy and antient Emulation of Enemies and designing to reclaim the Fierceness of those People with Ease and Idleness had set up his Rest in Peace and avoiding as much as possible the calling of Parliaments without which not having the Power to impose Contributions nor levy Money he contented himself rather to struggle with many Straits and Difficulties than to see them meet with a Jealousy of them or being met be obliged to separate them with the disgust of the People or with the satisfaction of Prejudice to the Superior in Power A Prince so poor before he came to the Crown of England that if he had not been supported by the Pension which Queen Elizabeth allowed him could not have maintained the Garb of many of our English Gentry and being come to the Crown of England not only the Sacred Patrimony of it was squandered and embarassed upon debauched and profane Favourites but the People otherwise oppressed with almost infinite Monopolies and Projects which the Nation never before heard of and as they were new so were they all illegal and all these to make his Favourites rich while he continued the poorest King that ever governed England Justled in his Throne by the Presbytery in Scotland yet nothing less than Sacred would down with him from the Clergy in England tho his dissolute Life and profane Conversation were diametrically contrary These by a twenty Years Habit were so fixed in the King a Prince of all others the most regardless of his Honour and Word that they became natural So that after the Parliament had given him two Subsidies and intended another for carrying on the War for the recovery of the Palatinate and after he had by such means as before said by such Terror raised Benevolences all England over upon pretence of it yet by the Advice of Buckingham and Gundamor he placed the Anchor of his Hope to do it by the Match of his Son with the Infanta of Spain when an unlooked-for Accident reported by Nani in his 5th Book fol. 186. had like to have spoiled all For the King of Bohemia weary of being amused and deluded with the Hopes of his Father-in-law's Treaties which he now saw were mocked by the Spaniards themselves in a Disguise with two Persons only from Holland passes into France by Sea and from thence through Lorrain and through the midst of his Enemies Troops arrives at Landau where Count Mansfield who then made War in the Palatinate in his Right had a Garison where he discovered himself and from thence went to Germersheim where he was received with the general Applause of the whole Army This Escape of the King's Son-in-law confounded all the King's Measures which he had taken for him by the Marriage of the Infanta with his Son so that he was more alarm'd at it than at the Commons Remonstrance and Protestation tho he bore the Affliction with a much better Temper So all Wits were set at work how to get the Elector out of the Hands of Mansfield back again into Holland for now the Proceedings at Brussels upon the Peace were put to a full stop the Spaniards alledging they could not proceed in the Treaty so long as the King's Son-in-law was in the Hands of Mansfield their most inveterate and bitter Enemy It fell out luckily for the King's Designs tho unluckily for his Son-in-law's that Mansfield being worsted by the Spanish Arms in the Palatinate and the Elector Palatine fearing that Mansfield in the Adversity of his Affairs would make him a Sacrifice in giving him up to the Spaniard to make his own Terms the better was the more easily enveagled by the King's Agents to return again into Holland where the first News he heard was that Tilly had taken Heidelburg the Capital Seat of his Ancestors by Storm and Frankendal his next City reduced to Extremity by Cordua so that as Nani says fol. 188. King James who had published that his Son-in-law held that Country under his Protection was laugh'd at by all the World and forced to consent to a Truce for fifteen Months during which Frankendal and the rest of the lower Palatinate should be deposited into the Spaniards Hands to restore them to the King James if within that time there were not a Peace concluded King James having thus deposited his Son-in-law's Patrimony in the Hands of the Spaniards in the Low Countries now by the Direction of Buckingham not only the Dictator over the Kingdoms of England Scotland and Ireland but over the King himself and 't was feared more over the Prince upon pretence that the Earl of Bristol was too remiss in prosecuting the Prince's Suit at Madrid resolves to deposite the Prince in the Power of the Court of Spain there to remain as an Hostage till he can procure the Infanta to be his Spouse This was such an Adventure as Don Quixot never dream'd of in any of his that because the King the Prince his Father was poor at home and despised abroad therefore by making his only Son an Hostage in another King's Court where the Maxims both of Religion and State were directly contrary he should think to perswade the King of Spain to overturn all and also get such a Portion as was fourfold more than any Prince before had to enrich himself and to make War against the King of Spain or Emperor which the Spaniard esteemed all as one and also that the King of Spain should restore the Palatinate because the King knew not which way else
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
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
Malice c. for he was so far acquainted with himself as that he knew himself to be the humblest Man alive I 'll try that presently says the Duke and so as a Testimony of his great Humility orders him Spaniel-like to take several Turns over and under the Bed his Grace and his Whore all the while lying in it which he did to Content and when 't was over Well says the Duke now I believe you and you shall have the Bishoprick of St. Davids Williams who knew the Disposal of the Seal was as Buckingham pleased durst do no otherwise than become Laud's Advocate to the King but the King was at first utterly averse from it giving Laud's Marriage of the Lady Rich and his urging the King not to rest at the five Articles of Perth for some Reasons but the Keeper persisting and alledging how sorry Laud was for these the King at last said And is there no hoe but you will carry it then take him to you but on my Soul you will repent it and so went away in Anger using other fierce and ominous Words which were divulged in Court and are too tart to be repeated as you may read fol. 64. tit 75. in the Life of Archbishop Williams It 's observable that Benefits conferred upon Ambitious Men never create any Obligation of Gratitude on the contrary ill Men generally turn the Benefits received to the Ruin and Overthrow of their Benefactors More likely Instances hereof are rarely to be found than in Laud and Buckingham this having received his first Admission into the King's Favour by the Mediation of the Archbishop to the Queen Ann none else being able to perswade her to it yet before the Arch-bishop could bring the Queen to it she often told him My Lord You and the rest of your Friends know not what you do I know your Master the King better than you all for if this young Man be once brought in the first Persons that he will plague must be you that labour for him yea I shall have my part also the King will teach him to despise and hardly intreat us all that he may be beholden to none but himself as you may read in his own Narrative in Rushworth from fol. 438 to fol. 461. But Laud's Contrivance to ruin Williams after Bishop of Lincoln takes up almost a Volume reported by the Bishop of Litchfield and by what villanous Instruments Perjuries Subornation and keeping back of Witnesses expunging and razing Records and by displacing Sir Robert Heath from being Lord Chief Justice because he would not do Laud's Drudgery and bringing in Sir John Finch who would jurare in Verba Magistri as well as throw down the Bounds of the Forests to make the King's Subjects Inheritances to be a Prey to wild Beasts yet after Laud had perpetrated all these he confest he never read the Commission by which he acted See the second Part of the Bishop of Lincoln's Life However Laud could make no great Progress of his Malice against the Keeper in the Shortness of the Reign of King James after he became Bishop for the King had the Keeper's Parts and Learning in high Esteem tho Buckingham both hated and feared the Keeper for them no great sign of a wise Statesman see the Bishop of Litchfield's Life of Arch-bishop Williams Part 1. fol. 148. tit 156. and had so little Wit as to say so Yet Laud now a Bishop from a Stickler and Informer against those who opposed the Arminian Tenets now becomes a Patron and Promoter of them all Court-Favour now looked that way and the Opposers of them were discountenanced and ranked in the Degree of Puritans all the Youth generally ran that way and the Schools in both Universities rung loud upon those Tenets and from thence were dispersed into all Parts of the Kingdom The King having spent the two Subsidies granted in Parliament and the Benevolence which he had by his own Authority raised all over England for the Recovery of the Palatinate upon the Prince's Expedition into Spain Buckingham to his Project of getting the Dean and Chapters Lands propounds the Sale of all the Crown-Lands but this meeting with many Difficulties and being disswaded from the farther Prosecution of it by the powerful Reasons of my Lord Keeper Williams there was now no other means left to get Money but by calling a Parliament And now Buckingham courts the popular Humour and appears most forward for to make appear in Parliament the Reasons which induced him to perswade the Prince to break off from the Match with Spain which tho it took at present yet it was but short-lived for the Treaty of the Marriage between the Prince and Daughter of France spoil'd all But this was not known during the sitting of the Parliament which met upon the 16th of February 1623-24 We hear of no Proclamation now against talking of State-Affairs the debating of them in Parliament is not Sutor ultra crepidam on the contrary the King in his first Speech to them the 19th of February tells them He craves their Advice and that he would advise with them in Matters concerning his Estate and Dignity and that he had ever endeavoured by this and the like ways to procure and cherish the Love of his People towards him So he does hope and his Hope exceeded by Faith that never any King was more beloved by his People c. Let any Man compare this with what the King said and did last Parliament and after and judg of the Sincerity of this part of the King's Speech especially when he remembred himself better when in his last Speech to this Parliament he boasted he had broken the Necks of three Parliaments which were all that were in his Reign but this But these were but Generals of which he complains afterwards having learn'd it of his Scholar Buckingham in particular he asks their free Counsels in the Match of his Son the debating of which last Parliament gave him so great Offence Now at this time the King had broke off the Match in Spain and was treating another with France which was greedily entertained in the French Court and some Progress made in it of which the King never that I can find or do believe mentioned one word to the Parliament The next Particular which the King communicated to them was of his Scholar but now his Master Buckingham in whom he the King ever reposed the most Trust of his Person that he should be ever present with the Prince in Spain and never leave him till he returned again safely to him which he did tho not with that Effect of the Business expected yet not without Profit for it taught him the King this point of Wisdom Qui versatur in generalibus is easily deceived and that Generality brings nothing to good Issue but that before any Matter can be fully finished it must be brought to Particulars for when he thought the Affair had been before their going reduced to
Treasurers to receive the Money and a Council of War to disburse the same But the Commons having granted these Subsidies drew up a Petition against the Licence the Popish Party had taken during the Treaty with Spain He was so nettled at it that he called it a Stinging One and hearing the Commons were entring upon Grievances he could not endure it and upon the 29th of May adjourned the Parliament to the 2d of November 1624 and from thence to the 7th of April lest the King should hear of another stinging Petition or a Disturbance in the French Treaty but at this Adjournment he told them at their next Meeting they might handle Grievances so as they did not hunt after them nor present any but those of Importance yet I do not find the Parliament ever met again at least never did any thing However the King passed a General Pardon and the Parliament censured Lionel Earl of Middlesex Lord Treasurer for Corruption in his Office 50000 l. to the King and to be imprisoned in the Tower during the King's Pleasure which was but three days after the Adjournment of the Parliament for upon the first of June he was set free Whilst these things were doing in Parliament the Earl of Bristol was recalled from his Embassy but before his Arrival the Duke dealt by all means that the Earl might be committed to the Tower before he should be admitted to the King's Presence But fearing the Marquiss Hamilton and my Lord Chamberlain would oppose him herein the Duke pressed them that they would concur in it vowing as Somerset did to Sir Thomas Overbury he intended the Earl no hurt but only feared that if he should be admitted to the King's Presence he would cross and disturb the Course of Affairs but neither of these Lords would condescend thereunto This was attested by my Lord Chamberlain before the House of Lords This Deââgn of the Duke's failing the Duke to terrify the Earl from returning into England writ to him that if he kept not himself where he was in Spain and laid hold of the great Offers which he heard were made unto him the Earl it should be the worse for him At Bourdeaux the Earl heard of the Aspersions cast upon him by the Duke in Parliament of which the Earl did boldly afterward in the House of Lords in the second Parliament of Car. 1. and in the Presence of the Duke affirm That there was scarce any one thing concerning him in the Declaration which was not contrary to or different from Truth From Bourdeaux the Earl took Post to get into England to vindicate himself from the Asperâons which the Duke had cast upon him in Parliament but when he came to Calais tho he sent over to have one of the King's Ships allowed him and for which publick Orders were given and tho the King James had Ships which lay at Boloign which might have every day been with him in three Hours and the Wind fair yet none came tho the Earl waited for one eight Days so that he was forced to pass the Sea to Dover in a Boat and six Oars When the Earl was landed at Dover he was by a Letter from my Lord Conway a Creature of the Duke's commanded in the King's Name to retire to his House and not to come to Court or the King's Presence until he had answered to certain Questions which his Majesty would appoint some of the Council to ask him but this was not out of any ill meaning to him but for fear the Parliament should fall too violently upon him and this the Duke said to some of his Friends was the Reason of the Earl's Restraint Hereupon the Earl humbly petitioned the King he might be exposed to Parliament and that if he had not served the King honestly in all things he deserved no Favour but to be proceeded against with all Severity but received Answer from the King That there should be but few days past before he would put an end to his Affairs but the Parliament was adjourned before the few days passed nor did he ever put an end to them You may read the further Contrivances against him by the Duke in Rushw from fol. 259 to 265. After the Adjournment of the Parliament or if you will the Dissolution of it tho the Earl of Bristol could not obtain Admission into the King's Presence yet he obtained Leave to answer to all the Duke had in his Absence charged upon him in Parliament and withal wrote to the Duke that if he or any Man living was able to make Reply he would submit himself to any thing which should be demanded which tho the Duke presumptuously said That it is not an Assertion to be granted that the Earl of Bristol by his Answer had satisfied the King the Prince or himself of his Innocence yet it so satisfied the King that when the Duke after pressed the King that the Earl might submit and acknowledg his Fault the King answered I were to be accounted a Tyrant to engage an innocent Man to confess Faults of which he was not guilty Tho the Earl said he could prove this upon Oath yet the Duke wrote to him that the Conclusion of all that had been treated with his Majesty was that he the Earl should make the Acknowledgment as was set down in that Paper tho at that time the King sent him word that he would hear him against the Duke as well as he had heard the Duke concerning him and soon after the King died which Promise of the King 's the Earl prayed God did the King no hurt however the Earl obtained Leave of the King to come to London to follow his private Affairs Mr. Rushworth therefore errs a little in point of time where he says fol. 149. the Earl was committed to the Tower in King James his time for he was not committed till the 15th of January 1625. in the first Year of King Charles as you may see in Stow's Life of King Charles fol. 1042. We have now done with the Spanish Match at least during this King's Reign yet the King's Desires of seeing his Son married which he shall never see were as impatient as those of getting the Infanta's huge Portion and to that end before the Meeting of the Parliament and while the Treaty with the Infanta was yet breathing the King sent my Lord Kensington after Earl of Holland to feel the Pulse of the French Court how it beat towards an Alliance between the Prince and Princess Henrietta Maria youngest Daughter of Henry IV. of France A serene Heaven appeared in France upon the Motion not a Cloud to be seen in all the French Horizon Lewis the King telling my Lord Kensington he took it for an Honour that he sought his Sister for the sole Son of so Illustrious a King his Neighbour and Ally only he desired he might send to Rome to have the Pope's Consent for the better Satisfaction of his Conscience And now you
she should take other French Catholicks in their Places but nevertheless by the Consent of the King of Great Britain That the King of Great Britain and the Prince of Wales his Son should oblige themselves by Oath not to attempt by any means whatsoever to make her change her Religion or to force her to any thing that might be contrary thereto and should promise by writing in the Faith and Word of a King and Prince to give Order that the Catholicks as well Ecclesiastical as Secular who have been imprisoned since the last Edict against them should be set at Liberty That the English Catholicks should be no more enquired after for their Religion nor constrained to take the Oath which contains something contrary to the Catholick Religion That their Goods that have been seized since the last Edict should be restored to them And generally that they should receive more Graces and Liberty in Favour of the Alliance with France than had been promised them in consideration of that of Spain The Deputation of Father Berule Superior General of the Fathers of the Oratory to his Holiness to obtain the Dispensation for the aforesaid Marriage THE Instructions which were given to Father de Berule were to render himself with all Diligence at Rome to obtain the Pope's Dispensation and to this Effect to represent to his Holiness That the King of Great Britain having demanded of the King his Sister Madame Henrietta Maria for a Wife for the Prince of Wales his Son his Majesty hearken'd the more willingly to this Proposition in that he esteem'd it very profitable towards the Conversion of the English as heretofore a French Princess married into England had induced them to embrace Christianity but the Honour which he had vowed to the Holy See and particularly to his Holiness who baptized him in the Name of Pope Clement VIII did not permit him to execute the Treaty without having obtained his Dispensations That this Marriage ought to be look'd upon not only for the Benefit of the English Catholicks but of all Christendom who would thereby receive great Advantage That there was nothing to be hazarded for in Madame seeing that she was as firm in the Faith and in Piety as he could desire That she had a Bishop and 28 Priests to do their Duties That she had not a Domestick that was not Catholick and that the King of Great Britain and the Prince of Wales would oblige themselves by Writing and by Oath not to solicit her directly or indirectly neither by themselves or by Persons interposed to change her Religion On the contrary having nothing to fear for her he had great Cause to hope that she being dearly beloved of the King who was already well enough disposed to be a Catholick and of the Prince of Wales she might by so much the more contribute to their Conversion as Women have wonderful Power over their Husbands and their Fathers-in-law when Love hath given them the Ascendant over their Spirits That she was so zealous in Religion that there was no doubt but she would employ in this pious Design all that depended upon her Industry and that if God should not bless Intentions in the Person of King James and of the Prince of Wales it was apparent that their Children would be the Restorers of the Faith which their Ancestors had destroyed seeing she would have the Charge to educate them in the Belief and in the Exercises of the Catholick Religion till the Age of 13 Years and that these first Seeds of Piety being laid in their Souls cultivated with Care at the time when they should be more susceptible of Instructions would infallibly produce stable and permanent Fruits that is to say a Faith so firm that it may not be shaken by Heresy in a riper Age. That after all the Catholicks of England would receive no small Profit at present since the King of Great Britain and the Prince of Wales would both oblige themselves upon their Faith and by Writing no more to enquire after them nor punish them when they should be discovered to enlarge all those that had been imprisoned and to make them Restitution of Money and of other Goods that had been taken from them since the last Edict if they were yet in being and generally to treat them with more Favour than they could have expected from the Alliance with Spain And further He had Orders to let the Pope understand that to render more Respect to the Church it had been agreed that Madame should be affianced and married according to the Catholick Form and agreeable to that which was followed at the Marriage which Charles IX made of Madam Margaret of France with the late King Henry IV. then King of Navarre All these things spoke themselves and appeared so visibly that they would admit of no doubt so this Father that wanted neither Spirit nor Fire represented them dexterously to the Pope and his Holiness made him hope for a speedy and favourable Answer c. See the Life of Cardinal Richlieu printed at Paris 1650. fol. 14 15. How does this agree with the King's Speech at the opening of the Parliament in the 18th Year of his Reign That if the Treaty of the Match between his Son and the Infanta of Spain were not for the Benefit of the Established Religion at home and of the Reformed abroad he was not worthy to be their King And how does this agree with that part of the King's Speech at the opening of this Parliament That as for the Toleration of the Roman Religion as God shall surely judg him he said he never thought nor meant nor never in Words expressed any thing that savoured of it Do not Religion Truth and Justice support the Thrones of Princes and Hypocrisy Falshood and Injustice undermine and overthrow them What future Happiness then could either the King or Prince hope to succeed this Treaty sworn to by them both so diametrically contrary to the Laws and Constitutions of this Nation wherein the Majesty of the King as well as the Safety of the Nation is founded and to govern by these and observe this Treaty will be impossible What Peace could the Prince find at home even in his Bed when an imperious French Wife shall be ever instigating him to break his Coronation-Oath to truckle to that imposed upon him by her Brother of France These Pills how bitter soever must be swallowed by the King rather than his Son shall be baulk'd a second time nay it seems they were very sweet to him For Mr. Howel in the Life of Lewis III. says fol. 66. that King James said passionately to the Lords of the Council of the King of France My Lords the King of France has wrote unto me That he is so far my Friend that if ever I have need of him he will render me Offices in Person whensoever I shall desire him the Truth of this you will see by and by Truly he hath gained upon
Peron of the Papal Power of King-Killing and King-Deposing were only Brawls and Contentions and ãâã Learning on one side or the other A Power disclaimed by our Saviour when the Devil would have given him it and denied any such Power in this World even when the Jews were ready to crucify him John 18. 36. And as there were no Reasons for these Brawls so was the End of them Arrogance on the Popish Part to impose a foreign Power or Jurisdiction upon the King and Kingdom and as foolish on the King's Part it being exploded by the Nation and under the severest Penalty the asserting such a Power prohibited and how could the King by his Writings further secure himself and the Nation against it But it seems the King was in this more zealous for himself and the Preservation of his Inherent Birth-right to the Crown of England than for the Honour of God and our Saviour against the Pope's Usurpations other ways for in his Speech at the Opening the first Parliament of his Reign he calls the Church of Rome a ãâã Church and our Mother-Church and if they would lay aside their King-killing and King-deposing Doctrine and some Niceties but names them not he was content to meet them mid-way Does not the Pope exalt himself above God and is Antichrist iâ forbidding the Laity the Cup in the partaking the Sacrament a Christ's last Supper If any Man makes a Question of it I 'll demonstrate it by a better Syllogism than can be made up of Aristotle's Analyticks For whosoever shall forbid what another commands exalts himself above that other But the Pope forbids the Drinking of the Cup at the Sacrament to the Laity who are Christ's Members as well as the Priests And our Saviour commands the Cup with an Emphasis Drink ye All of it Therefore the Pope exalts himself above our Saviour and is Antichrist which was to be demonstrated and this Mutilation makes this the Pope's and not a Sacrament of our Saviour's Institution COROLLARY By the same Reason I say the Pope exalts himself above God in forbidding Marriage to the Priests For Marriage is an Institution of God in Paradise Gen. 2. and commanded by God Gen. 9. 1. and the Pope forbids the Marriage of Priests which St. Paul says is the Doctrine of Devils and it 's worthy Observation that the Pope makes Marriage to be a Sacrament yet denies it to Priests and our Saviour commands the Cup in the Sacrament of his last Supper to be drunk by all yet this is denied the Laity and only allowed to Priests I say Pope Julius the 2d in dispensing with Henry the 8th to marry his Brother Arthur's Wife exalted himself above God For whosoever shall dispense with or allow what another forbids exalts himself above that other But Julius dispensed with Henry's Marriage of his Brother's Wife And God forbids the Marriage of a Man's Brother's Wife Lev. 18. 16. Therefore Julius exalted himself above God which was to be demonstrated It 's true I do not find the Marriage of a Man's Sister's Daughter particularly forbidden by the Levitical Law yet by the 17th verse it is by inference forbidden and is abhorrent to Nature So that when Cambyses asked the Magi if it were not lawful to marry his Sister's Daughter they told him it was not yet like Flatterers they told him he might do what he pleased and Platina I think it is in the Life of Pope Boniface the 5th or Honorius exclaims against the Emperor Heraclius his marrying his Sister's Daughter as an Impiety scarce ever heard of yet three Popes successively dispensed with Philip the 2d Philip the 3d and Philip the 4th Kings of Spain marrying with their own Nieces viz. their Sisters Daughters It were endless to enumerate the Doctrines of the Church of Rome how dishonourable they are to God and his sacred Laws I 'll give Instances only in two 1. Their Invocation of Saints after Death many of which are of their own making thereby attributing to them a concurring Power with God in his Omniscience which is a robbing God of his Honour and if Saints after Death be not Omniscient it were in vain to pray to them The other is dispensing with Mens Promises and their own tho they have bound themselves to the Performance of them by an Oath whereby the Popes render themselves Enemies of Mankind and Humane Society for these are founded in Truth and Mens mutual Performance of their Promises That this for several hundreds of Years hath been practised by the Popes upon those Princes and Subjects whom they please to call Hereticks when the Popes are greater is well known to those conversant in their Histories I 'll give but one Instance of the Liberty the Popes take to themselves herein Upon the Death of Pope Marcellus 2d Ann. 1555. the Cardinals in the Conclave before they proceed to the Election of another Pope mutually swore That whosoever should be chosen should call a Synod in six Years and not make more than 4 Cardinals in two Years after the Election and Paul the 4th was chosed See the Council of Trent Anno 1555. Some small time after this Election Paul entred the Conclave to declare his Intentions of a Promotion of Cardinals and the Cardinal of St. James's pressed to him and put him in mind of his Oath before his Election but the Pope thrust the Cardinal back and told him This was to bind the Pope's Authority that it is an Article of Faith that the Pope cannot be bound much less bind himself that to say otherwise was manifest Heresy from which he did absolve those who spake it because he thought they did not speak obstinately but if any should say the same again he would give Order the Inquisition should proceed And this being spoken in the Conclave was in Cathedra and infallible and never since retracted by him or any other Pope These are the Heresies in the Church of Rome for which Men must be slaughtered and burnt and for not believing them against the Evidence of a Man's Senses to the contrary and against the Nature of a Sacrament That the Bread and Wine in the Sacrament after Consecration is Christ's organical Body and Blood This is that true and Mother-Church which the King would meet mid-way if it would let him and his Inherent Birth-right alone This is that Prince who to prosecute these Brawls and to wallow in sensual Pleasures neglected the foreign and domestick Affairs of his Kingdom only Great in making himself little and not beloved at home and contemptible and dishonoured abroad A Prince who squandred away the sacred Patrimony of the Crown amongst Flatterers and Favourites thereby becoming not able to maintain the Honour of the Nation abroad and neglecting the Encrease and Repair of his Navy-Royal not only rendred the Nation in an unsettled and dangerous Peace at home but notwithstanding the Treaty with the Dutch for Licence to fish upon the Coasts of England and Scotland suffered
former Propositions Hereupon D'Efsiat to have further Instructions from the Duke entred into a new Treaty with the Merchants and like a French Merchant got Letters to be sent into England that the Peace was concluded with those of the Religion in France and that within 14 Days the War should break out in Italy with a Design upon Genoua a matter of great Importance against the Spaniard Hereupon the Duke procured the King to write a Letter to Pennington dated July 28. to this effect HIS Majesty did thereby charge and command Captain Pennington without delay to put his Highness's former Command in Execution for consigning the Vaunt-Guard into the hands of the Marquiss D'Efsiat for the French with all her Furniture assuring her Officers his Majesty would provide for their Indemnity And to require the other seven Ships in his Majesty's Name to put themselves into the Service of the French King according to the Promise his Majesty had made to him And in case of Backwardness or Refusal commanding him to use all forcible means to compel them even to sinking with a Charge not to fail and this Letter to be his Warrant This Letter was deliver'd to Pennington in the Beginning of August by Captain Wilbraham Hereupon Pennington went back out of the Downs carrying with him the said Letters and certain Instructions in Writing from the Duke to his Secretary Nicholas And about the time Pennington returned to Diep Nicholas threatned the Captains of the Ships and told them it was as much as their Lives were worth if they deliver'd not up their Ships to the French whereupon some of them would have come away and left their Ships and fled into Holland Upon Pennington's coming to Diep he delivered the Van-Guard absolutely into the French Power to be employed as they pleased and acquainted the rest of the Captains with the King's Command that they should likewise put their Ships into the French Power which they all refused to do unless they might have good Security for the Delivery of their Ships or Satisfaction for them Hereupon Pennington went on Shore and spoke with D'Efsiat and upon his Return told the Captains they must rely upon the Security peraffetted in England whereupon the Captains weighed Anchor and prepared to be gone upon which Captain Pennington shot at them and forced them all to come to an Anchor again except the brave Sir Ferdinando Gorge in the Neptune more brave in running away from this abominable Action than charging into the midst of an Enemy When the Captains came a-shore they spoke with Mr. Nicholas who enforced them to come to a new Agreement which you may read in Rushworth fol. 335. and to deliver up their Ships into the French Power but not one of them would take the French Pay in the Expedition but one Gunner who was at his Return kill'd in charging of a Cannon not well spunged by him and the Duke's Secretary Nicholas had a Diamond Ring and a Hat-band set with Diamond-Sparks given him by the French Ambassador for his pains taken in this noble Employment This was the second noble Design of this grand Minister of State Buckingham whilst King James lay unburied we will now proceed to the third wherein you 'll see how well Richlieu requited Buckingham's Service in accommodating the French with a Fleet to subdue the Rochellers Tho the Duke did not personally manage the Treaty of the French Marriage at Paris as he did the Spanish at Madrid for the Reasons aforesaid yet none but he now the whole Treaty was consummate and so firmly performed on the English part must fetch the Queen to the King and when all the mighty Preparations for the Magnificence of this mighty Duke were compleated away he hies to Paris where he arrived the 24th of May and there he staid the full term of seven Days wherein he performed more wonderful Exploits than he had done in so many Months before at Madrid And these we will take from the noble Nani who was out of the Reach of Buckingham's Envy or Flattery of the English Court and as near as I can in his own Words Anno 1625. fol. 221 222. Buckingham being in France to carry back Charles's Bride it seemed that in the free Conversations of that Court he had taken the Boldness to discover something of his Inclination to the Queen whilst the Cardinal was inflamed with the same Passion or rather feigned to be so with Aversion in her who with Vertue equal to the Nobleness of Blood equally despised the Vanity of the one and abhorred the Artifices of the other I think Nani herein was mistaken as will soon appear Whereupon the Factions arising among the Ladies of the Court were not so secret but the King was obliged to make a Noise and banish some but the Contention between the two Favourites was for Power and Richlieu who by reason of the Favour of the King in his own Kingdom prevailed in Authority procured Buckingham many Mortifications and Disgusts The other was no sooner arrived at London with the Bride but to make a shew of Power not inferiour by ill using her thought to revenge himself The Catholick Religion served for a Pretext whilst the Family brought out of France according to Contract of Marriage practised it whence Disgusts brake forth to such a degree that the Minds of the Spouses being alienated and Affections between the Crowns themselves disturbed it looked as if Discord had been the Bride-maid at that Wedding You 'll hear more of this hereafter It 's observable when Humour not Counsel governs Actions how it runs into the contrary Extreams King James in Confidence of being supplied of all his Wants by the Spanish Match in great Displeasure broke up the Parliament in the 18th Year of his Reign and imprisoned many of the Members for presuming to advise him against it and this King expected the Parliament should make good all the Duke's Extravagancies for the Tale which the Duke told in Parliament the 21 Jac. for breaking off the Spanish Match when he kept back the Earl of Bristol as you heard before from making his Defence and proving the contrary of what Buckingham had told And so confidently was the King possessed that that Parliament continued in the same Mood that I have heard one of Sir Coke's Sons say that tho when King Charles came to the Crown Sir Edward would have waited upon him in Testimony of his Duty and Service the King would not admit him into his Presence yet the King sent to know of him whether he might continue this Parliament notwithstanding the King's Death which Sir Edward said could not be for that upon the King's Death the Dissolution followed yet upon the Election not ten of the old surviving Members but were chosen again This Parliament met upon the 18th of June 1625. where the King laid open to them that the Business he called them for was that whereas they had advised him to break off the
two Treaties which were for the Spanish Match and Recovery of the Palatinate and that his Father being thereby engaged in a War for the Recovery of the Palatinate they would now assist him in the carrying of it on The Speech you may read in Rushworth fol. 175 176. But Mr. Rushworth is mistaken and I wonder Nalson and Franklin took no notice of it that my Lord Keeper Coventry did second it for it was my Lord Keeper Williams whose quaint and learned Speech you may read in the second Book of the Life of the Keeper by the Bishop of Litchfield fol. 9 10. Nor was Williams displaced till the 23d of October following as you may see fol. 27. The Commons before they enter'd upon Grievances Sir Edward Coke moving it to ingratiate themselves with the King voted him two entire Subsidies and the last Parliament but the Summer before gave his Father three Subsidies and three Fifteens which were more than ever any Parliament granted the King in threefold the time before But that we may better look forward look a little back King James upon the Rreach of the Spanish Match put forth a Proclamation for putting the Laws in Execution against Popish Recusants but upon the first of May King Charles sent this Warrant to my Lord Keeper Williams Charles Rex RIght Reverend and Right Trusty c. Whereas we have been moved in Contemplation of our Marriage with the Lady Mary Sister of Our dear Brother the Most Christian King to grant to Our Subjects Roman Catholicks a Cessation of all and singular Pains and Penalties as well Corporal as Pecuniary whereunto they be subject or any ways may be liable by any Laws Statutes Ordinances or any thing whatsoever or for or by reason of their Recusancy or Religion in every Matter or thing concerning the same Our Will and Pleasure is and we do by these Presents authorize and require you upon the Receipt hereof That immediately you do give Warrants Order and Directions as well unto all our Commissioners Judges and Justices of the Peace as also unto all other our Officers and Ministers as well Spiritualas Temporal respectively to whom it may appertain that they and every of them do forbear all and all manner and cause to be forborn all manner of Proceedings against our said Subjects Rom. Catholicks and every of them as well by Information Presentment Indictment Conviction Process Seizure Distress or Imprisonment or any other Ways and Means whatsoever whereby they may be molested for the Causes aforesaid And further also That for time to come you take notice of and speedily redress all Causes and Complaints for or by reason of any thing done contrary to this our Will and this shall be unto you and to all to whom you shall give such Warrant Order or Direction sufficient Warrant and Discharge in that Behalf And this is so much more remarkable that this Warrant was granted when Buckingham was so busy in setting out the Fleet against the Rochellers Here was a Suspension of the Laws with a Witness by the King 's absolute Will and Pleasure notwithstanding all the Officers by Law were under the Obligations of their Oaths to the contrary and for the first-Fruits of this Warrant the King granted upon the 10th of May a special Pardon to twenty Roman Priests of all Offences committed by them against the Laws Can any Man now believe that the Parliament 18th Jac. should be so jealous that the Spanish Match would be a Door to let in a Toleration of Popery and therefore advised the King to break off the Match with Spain and yet this Parliament should be so purblind as not to see this put in Execution at the Instance of the French in this King's Reign especially whenas the Spaniards unless in the Reign of Queen Elizabeth were the English Friends and Allies and with whom the English had a most beneficial and gainful Trade for 22 Years in King James's Reign whereby they became doubly more enriched than in the 44 Years Reign of Queen Elizabeth whereas the French as they were a Neighbouring Nation were ever faithless and Enemies to the English Nation and with whom it always had a Trade to the English Loss as much to the enriching France as to the impoverishing the English Hereupon the Commons sent Sir Edward Coke with a Message to the Lords to desire their Concurrence in a Petition to the King against Recusants which was agreed to and presented to the King who answered That he was glad the Parliament were so forward for Religion and assured them they should find him as forward that their Petition being long could not be presently answered Nor were the Commons less alarmed at the countenancing the Arminian Sect whose Tenets next to Laud Mr. Richard Mountague propagated and about the latter end of King James his Reign published a Book entituled A new Gag for an old Goose which the Parliament took notice of and referred it to the Archbishop of Canterbury who disallowed it and sought to suppress it and ended in an Admonition given to Mountague but after King James his Death who was an Enemy to these Tenets Mountague then printed it again and dedicated it to King Charles now Buckingham and Laud ruled all Hereupon the Commons brought Mountague to the Bar of their House and appointed a Committee to examine the Errors therein and gave Thanks to the Arch-bishop for the Admonition to Mountague whose Books they voted to be contrary to the Articles established in the Parliament to tend to the King's Dishonour and Disturbance of the Church and State and took Bond of Mountague for his Appearance But the King intimated to the House that the things determined concerning Mountague without his Privity did not please him for he was his Servant and Chaplain in ordinary and that he had taken the Business into his own Hands whereat the Commons seemed much displeased This was the first Breach between the King and Commons and here let 's see what hasty Steps Laud took to fulfil King James his Prophecy of him in making Dissensions and to be a Fire-brand to set the Nation on fire by fomenting and exasperating the Factions in it In this Act of Mountague you may observe a twofold Crime First his Contempt and Disobedience to the Church of England which Laud pretended so much to exalt and to the Parliament that his Book being questioned in Parliament and by the Commons committed to the Arch-bishop who not only disallowed and suppressed it but Mountague being admonished against it he should upon King James his Death presume to reprint it in Defiance to the Metropolitan of England contrary to his Canonical Obedience and to the Commons thereby to make a Dissension between the King and them And secondly his being so audacious as to dedicate it to the King thereby to engage the King in defence of his Arrogance and Disobedience and for a Reward of this special Piece of Service before King James was two
Lord Keeper par 2. fol. 14 15. tit 14 15. The Lord Keeper at Woodstock was censured by the Duke and his Creatures for this the Keeper therefore unsent for comes to Woodstoock and thus applies himself to the Duke My Lord I am come unsent for and I fear to displease you yet because your Grace made me I must and will serve you though you are one that will destroy that which you made let me perish yet I deserve to perish ten times if I were not as earnest as any Friend your Grace hath to save you from perishing The Sword is the Cause of a Wound but the Buckler is in fault if it do not defend the Body You brought the two Houses hither my Lord against my Counsel my Suspicion is confirmed that your Grace will suffer for it What 's now to be done but to wind up a Session quickly The Occasion is for you because two Colleges in the Vniversity and eight Houses in the Town are visited with the Plague Let the Members be promised fairly and friendly that they may meet again after Christmas requite the Injuries done to you with Benefits not Revenge for no Man that is wise will shew himself angry with the People of England I have more to say but no more than I have said to your Grace above a Year past at White-hall confer one or two of your great Places upon your fastest Friends so shall you go less in Envy and not less in Power Great Necessities will excuse hard Proposals and horrid Counsels St. Austin says it was a Punick Proverb in his Country Ut habeas quietum tempus perde aliquid At the Close of the Sessions declare your self to be forwardest to serve the King and Commonwealth and to give the Parliament Satisfaction Fear them not when they meet again in the same Body whose ill Affections I expect to mitigate but if you proceed trust me with your Cause when it comes into the House of Lords and I will lay my Life upon it I will preserve you from Sentence or the least Dishonour This is my Advice my Lord if you like it not Truth in the end will find an Advocate to defend it The Duke replied no more but I will look to whom I trust and flung out of the Chamber with Menaces in his Countenance Mr. Rushworth fol. 202. says that the Keeper told the Duke in Christ-Church when the Duke rebuked him for siding against him in that he engaged with William Earl of Pembroke to labour the Redress of Grievances That he was resolved to stand upon his own Legs and that the Duke should answer If that be your Resolution look you stand fast Where Mr. Rushworth had this I cannot tell but this being so unlike the Keeper's Carriage to the Duke both in King James's time and after and also to the Narrative before set forth by the Bishop of Litchfield who being the Keeper's Chaplain could have a better Inspection herein than Mr. Rushworth could have had but especially since the Reasons which the Keeper put into the King's hands which you may read in the Life of the Keeper par 2. tit 18. to satisfy the King of his Carriage while the Parliament sate at Oxford being so contrary to what Mr. Rushworth says I incline rather to believe the Bishop However the Commons presuming to enquire into Buckingham's Actions are censured at Woodstock for spiteful and seditious and therefore not fit to continue but to be dissolved which being understood by the Keeper with Tears and Supplications he implored the King to consider there was a time when his Father charged him in the Keeper's Hearing to call Parliaments often and to continue them though their Rashness might sometimes offend him that by his own Experience he never got good by falling out with them But chiefly Sir said he let it never be said that you kept not good correspondence with your first Parliament do not disseminate so much Unkindness through all the Counties and Boroughs of your Realm The Love of your People is the Palladium of your Crown Continue this Assembly together to another Session and expect Alteration for the better if you do not the next Swarm will come out of the same Hive The Lords of the Council did almost all concur with the Keeper but it wanted Buckingham's Suffrage who was secure that the King's Judgment would follow him against all the Table Thus far the Bishop But there was another Cause which the Bishop does not mention but Mr. Rushworth does fol. 336. which caused the hasty Dissolution of this Parliament Captain Pennington was come to Oxford from delivering the Fleet into the French Power to give an Account of the Reason of it but by the Duke's means was drawn to conceal himself and not to publish in due time his Knowledg of the Premises as it shortly after appeared and if this should have been made known it would not have been in the Power of the Keeper to have brought off the Duke from Sentence or the least Dishonour so upon the 12th of August the Parliament was dissolved but before their Dissolution the Commons made this following Declaration WE the Knights Citizens and Burgesses of the Commons House of Parliament being the Representative Body of the whole Commons of this Realm abundantly comforted in his Majesty's late gracious Answer touching our Religion and his Message for the Care of our Health do solemnly vow and protest before God and the World with one Heart and Voice that we are resolved and do hereby declare that we will ever continue most Loyal and Obedient Subjects to our most Gracious Soveraign Lord King Charles and that we will in a convenient time and in a Parliamentary way freely and dutifully do our utmost Endeavours to discover and reform the Abuses and Grievances of this Realm and State and in like sort to afford all necessary Supply to his most excellent Majesty upon his present Occasions and Designs Most humbly beseeching our said dear and dread Soveraign in his Princely Wisdom and Goodness to rest assured of the true and hearty Affections of his poor Commons and to esteem the same to be as we conceive it is indeed the greatest worldly Reputation and Security that a just King can have and to account all such as Slanderers of the Peoples Affections and Enemies to the Commonwealth that shall dare say the contrary But the mighty Buckingham shall not only dare to say but dare to do the contrary so much easier is it in such a Reign for a Favourite to ruine a Nation than for a Nation to have Justice against a Favourite Here let 's stay a little and see what state the King had brought himself to within less than five Months after he became King First he took Mountague to be his Chaplain a virulent seditious ill-natur'd Fellow to protect him from his Contempt against his Metropolitan and the Parliament for publishing new-fangl'd Opinions to the Disturbance of the Peace
the French to carry on the Cardinal 's ambitious and ungodly Designs after the King had so prodigally expended not only his Father's Treasure but doubly more than the ordinary Revenues of France upon his Favourites and the manifold Wars both at home and abroad which Richlieu had entangled him in Let any Man compare the Keeper's Speech at the opening the first Parliament of King Charles which you may read in the Keeper's Life the second Part f. 9 and 10. with that of Richlieu's and judg if the Rhetorick and Elegancy of it comes any way behind that of his after the King's Father and this King had squandered much more than the Revenues of the Crown upon their Favourites and this King had entangled himself in the Articles of the French Match and without Means engaged himself in a War with Spain and that against his Father's and the Keeper's Advice in exciting the Parliament to a Compliance with the King's Will tho with a different Fate for Richlieu attained his Ends by his Speech whereas the Keeper's Downfal was a Consequence of his But above all the Keeper excelled himself if I may be Judg in three things one was in his Speech in the House of Peers about the Peers taking the Oaths the second his Reasons he gave the French Ambassador Vollâcleer against dispensing with our Penal Laws against Romish Priests which you may read at large in the first Part of the Keeper's Life fol. 214 215 216 217 218 219 220 221 222. The third Speech was when the Earl of Essex moved the House of Lords in the Year 1640 that the Bishops might be expell'd the House not their Persons but their Order which you may read at large in the second Part of the Keeper's Life from fol. 168 to 176. And sure the History of the Keeper's Life had been a nobler Work if it had been related without the loose and impertinent Glosses of the Bishop of Litchfield whereby he does so often disturb and break the Thread of the Story and by preaching himself more than writing his History makes it confounded so as it is difficult to pursue it See the Speech in the first Part of his Life f. 76 77. After the Parliament was dissolved at Oxford all Heads were set at work to find some fault against the Keeper to out him of his Place but none could be found hereupon they made a Proposition which the Keeper made to King James That the Office of Lord Chancellor or Lord Keeper should be Triennial so that after three Years the King should make another and the Keeper having enjoy'd the Place above four Years to be the Reason that he should surrender the Seal When the Keeper had notice of this in a pathetical Letter to the King which you may read in his Life in the second Part f. 24. he implores his Majesty's Favour that he may retire with an Assurance of his Majesty's Grace and be admitted into his Presence to make some humble Requests to him which the King granted The first of his Requests was for the King's Favour in general which the King granted and gave him his Hand twice to kiss upon it Secondly That the King would take away none of his Church-Preferments as he had graciously promised till he had given him better in lieu of them the King answered It was his Intention Thirdly That the King would remember his Father's Promise seconded by him that he would place him the Keeper in as good a Bishoprick or Arch-bishoprick as he could the King said There was no such place void when any fell it would be then time enough to make his Request Fourthly That his Majesty would dismiss him freely and absolutely without any Command from the Table but to leave it to the Keeper's Discretion to forbear the King said He ever intended it so and never said a word to the contrary but expected he should not offend by voluntary Intrusion Fifthly That the King would declare to the Lords that the Keeper had willingly and readily yielded to his Majesty's Pleasure and that he parted in the King's Favour and good Opinion and was still his Servant the King said He would but that he looked that no Petitions be made for him by any Man at that time but only for his Favour in general Sixthly The Keeper besought the King to make an Atonement with the Duke upon or without Examination of the Information which the Duke received against him the King said It became not him a King to take up Quarrels between his Subjects and that the Duke had never exprest any such Enmity to him against him the Keeper Seventhly The Keeper besought the King that whereas the Keeper had a Pension by Direction of the King's Father and wherewith the King was acquainted of 2000 Marks per Annum to the Viscount Wallingford and had disbursed 3000 l. down upon it either to buy the said Pension or extinguish it or to assign it to be paid out of the Tenths or Subsidies of his Bishoprick as before he had appointed to receive it out of the Exchequer the King said Assignments were naught but he would take Order with his Treasurer to buy it or pay for it as should be most convenient Eighthly The Keeper besought the King to bestow the next Prebendary in Westminster upon his Library-keeper as his Father had promised or that he might resume his Books again the King said It was full of Reason Ninthly The Keeper besought the King to ratify a Grant made by his Father of four Advowsons to St. John's-College in Cambridg whereof two he had bought with his Money and two the King gave him for the good of the Society the King said He would ratify the Grant and give way to amend any Errors in the Form or in passing of it Tenthly The Keeper besought the King that he might retire to a little Lodg which my Lord Sandys lent him where the Lord Conway might receive the Seal which the King granted Lastly The Keeper besought the King that the King would not be offended with him if upon his Discharge Reports were made that he was discontented which he protested he was not giving over so comfortably the King said He would do him that Justice and that he little valued Reports and thereupon gave the Keeper his Hand to kiss at parting which you may read in the second Part of the Keeper's Life Tit. 28. But the Bishop says in the next Tit. the forlorn Keeper felt the Heaviness of this Lightness who thought he had obtained much but excepting the four Advowsons confirmed to St. John's-College he mist all that he sought for and expected nor could he ever get a Farthing of his Pension nor bring it to an Audit to his dying-day nor did the Keeper's Enemies stop here but sought to provoke against him the King's Displeasure with things which were neither consistent with the King's Honour nor scarce to be born by the Temper of Human Nature and were so
hasty in it that the King's Promise that the Bishop of Lincoln now no more Lord-Keeper should enjoy the King's Favour was scarce three Months old when they put not only the King out of mind of his Promise but the Bishop out of the Duty of his Place but that Laud should perform it whether the Bishop would or not It has been said with what Difficulty the Bishop of Lincoln for so we must now call him procured Laud the Bishoprick of St. David's and the Bishop staid not there but retained him in his Prebendary at Westminster and so after gave him a Living in the Diocess of St. David's of 120 l. per Annum to help his Revenue These two last being Additions to Laud's Preferment coming from the Bishop of Lincoln voluntarily and unsought for by Laud he by Mr. Winn returned his Thanks to the Bishop with this Expression His Life would be too short to requite his Lordship's Goodness But these Favours were not eighteen Months planted when Laud became the Bishop's sharpest Enemy as you may read in the first Part of his Life f. 108. and his Malice grew so high that the Countess of Buckingham the Duke's Mother took notice of it which the Arch-bishop Abbot takes notice of Rushw f. 144. as well as the Bishop of Litchfield As Acts of Grace and Favour usually were accompany'd by our Kings at their Coronation so in this King's Reign the quite contrary must be practised not only to the Earl of Bristol but much more to the Bishop of Lincoln for he was not only denied to do his Homage to the King with the rest of the Spiritual Lords at the Coronation but his Office as Dean of Westminster in assisting the Arch-bishop in the Solemnity of it and yet this too must be done by Laud as the Bishop's Substitute whether he would or not This was the first noble Favour the King extended to the Bishop according to his reiterated Promise when they parted The second was he was denied his Writ of Summons as a Peer in Parliament which met in four days after the Coronation viz. Feb. 6. which was due ex debito Justitiae and which was never denied to Prisoners or condemned Persons even in his Father's time and at last when he obtained it yet he must not presume to sit in Parliament and had much ado to have his Proxy left with the Bishop of Winchester Dr. Andrews as you may read in the second Part of his Life f. 69. But tho the Privilege of Peers a little eclipsed the Power of the mighty Buckingham yet he was resolved to keep Sir Edward Coke Sir Robert Phillips and Sir Thomas Wentworth out of the Commons House by the King's Prerogative as it has been of late used in making them Sheriffs whether they be returned by the Coroner's Inquest of the Counties or not and by this Prerogative Sir Edward Coke was made Sheriff of the County of Bucks Sir Robert Phillips of Somerset and Sir Thomas Wentworth of Yorkshire It made a mighty Noise and an Inquiry which otherwise would not have been that Sir Edward Coke in his extream Age now 77 Years old and who had been Chief Justice of both Benches and Privy-Counsellor should be made a Sheriff of the County and the more for that Sir Edward Coke took Exceptions to the Oath of a Sheriff whereupon it was altered These were the Counsels which govern'd this King in the Infancy of his Reign Now let us see the Success The Commons were so far from granting Subsidies now as in the last Parliament before Grievances were redrest that upon their first Meeting they fell upon Examination of Grievances and the Miscarriage of the Fleet at Cadiz the evil Counsellors about the King's Misgovernment and Misimployment of the King's Revenue and an Account of the three Subsidies and three Fifteenths granted the 21st of King James That new Impositions and Monopolies were multiplied and settled to continue by Grants Customs enhanced by the new Book of Rates and that Tunnage and Poundage was levied tho by no Act of Parliament and the Guard of the Seas neglected However these were Generals but the first Particular fell upon Mountague in five particular Articles wherein he had broken the Laws and Statutes of the Realm and disturbed the Peace both of the Church and Commonwealth 1. Whereas by the Articles of the Convocation holden in the Year 1â62 it is determined That the Church of Rome is at present and has been for above 900 Years past so far wide from the Nature of a true Church that nothing can be more he the said Mountague in several places of the Book called The Answer to the Gagg and his other Book called The Appeal advisedly affirms and maintains That the Church of Rome is and ever was a true Church since it was a Church 2. Whereas in the 16th Homily of the second Book of Homilies it is declared that the Church of Rome is not built upon the Foundation of the Prophets and Apostles and in the 23d Article that Transubstantiation overthrows the Nature of a Sacrament and in the 25th Article that the five other Sacraments are not to be accounted Sacraments yet he the said Mountague maintains in his Book called The Answer to the Gagg That the Church of Rome hath ever remained firm upon the same Foundation of Sacraments and Doctrine instituted by God 3. In the 19th of the same Article it is maintained That the Church of Rome hath erred not only in their Living and Matters of Faith and Ceremonies he in his Book called The Gagg does maintain that none of these are controverted in their Points between the Papists and Protestants and tho in the 35th Article it is resolved that the Sacrifice of Masses in which it is commonly said the Priest did offer Christ for the Quick and the Dead to have Remission of Pain and Guilt too is a blasphemous Fable and dangerous Deceit this being one of the controverted Points between the Church of England and the Church of Rome he in his Book called The Gagg does maintain That these controverted Points are of a less and inferiour Nature of which a Man may be ignorant without any danger of his Soul at all and a Man may oppose this or that without peril of perishing for ever 4. Whereas in the second Homily entituled Against the Peril of Idolatry and approved by the 37th Article it is declared That Images teach no good Lesson neither of God or Godliness but all Error and Wickedness he the said Mountague does maintain Images may be used for the Instruction of the Ignorant and Excitation of Devotion 5. That in the same Homily it is plainly expressed That the attributing certain Countries to Saints is a spoiling God of his Honour and that such Saints are but Dii tutelares of the Gentile Idolaters yet the said Mountague in his Book entituled A Treatise concerning the Invocation of Saints affirmed and maintained That the Saints have not only a
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
Answer in Writing and that the Witnesses on both sides be examined and Evidences on both sides heard by such Course and manner of Proceedings as shall be thought fit by the House And if upon a full Hearing the House shall find it Treason then to proceed by way of Indictment if doubtful in point of Law to have the Opinion of the Judges to clear it if doubtful in Matter of Fact then to refer it to a legal Trial at Law and that the rather for that 1. It appears that the Earl in the space of two Years till now he complained has not so much as been questioned for Matter of Treason 2. He has been examined upon twenty Interrogatories and the Commissioners satisfied that his Answer would admit of no Reply 3. The Lord Conway by several Letters hath intimated that there is nothing against him but what was pardoned by the Parliament of the 21st of Jac. and signified his Majesty's Pleasure that he might rest in that Security and sit still 4. That his Majesty had often declared to the Countess of Bristol and others that there was neither Treason nor Felony against the Earl nor ought else but what a small Acknowledgment would expiate The Earl in Conformity to this Order answered every Particular of the King's Charge against him without any Reply but it would be a wonderful Discovery to find an Answer to any one Particular of the Earl's Charge either against the Duke or my Lord Conway The Commons at the same time impeached the Duke of high Misdemeanours in a Charge of thirteen Articles whereof that of the Death of King James was one but to the Displeasure of the King so far as to commit Sir Dudley Diggs and Sir John Elliot to the Tower for it and the Commons sent a Message to the Lords by Sir Nathaniel Rich by an unanimous Vote to commit the Duke to safe Custody which I do not find the Lords did nor did the imprisoned Members lie long in the Tower for the King signified to the House that Sir Dudley Diggs did not speak the Words for which the King committed him and soon after Sir John Elliot was discharged However the Commons ran high against the Duke with a Protestation That till he were removed from meddling with State-Affairs they were out of all hopes of any good Success and did fear that any Money which they shall or can give will through his Misemployment rather he turned to the Hurt and Prejudice of this Kingdom than otherwise as by lamentable Experience they have lately found in those large Supplies they had formerly and lately given But the Duke thus doubly stormed both by the Earl and Commons and utterly unprovided to defend himself against either and the King rather than receive the Remonstrance the Commons had prepared to present him against the Duke resolved to part with the Parliament rather than the Duke and thereby lost four Subsidies and three Fifteenths tho the House of Peers petitioned to the contrary This was upon the 15th of June 1626. The King having sent the Parliament home again sends a long Declaration after them wherein he magnifies his Power of Calling Adjourning Proroguing and Dissolving Parliaments peculiarly belonging to himself by an undoubted Prerogative inseparably united to his Imperial Crown of which as of all his other Royal Actions he is not to give any Account but to God only whose immediate Lieutenant and Vicegerent he is in these his Realms and Dominions by Divine Providence committed to his Charge yet his Purpose is so to order himself and all his Actions concerning the Weal of his Kingdoms as may justify themselves not only to his own Conscience and to his own People but to the whole World He thought fit to make a true plain and clear Declaration of the Reasons that enforced him to dissolve these two last Parliaments so that the Mouth of Malice it self might be stopt and the deserved Blame of so unhappy Accidents may justly fall upon the Authors thereof The King says That when he came first to the Crown he found himself engaged in a War against a potent Enemy Who was that Enemy Or at what time was any Declaration of any War made either against his Father or him Which after the best Search I could ever make I could never find any yet this I find that the next day after his Father's Death he and his Favourite the Duke were so eager to make a War against the King of Spain that a day must not be lost but Writs must be issued out to summon a Parliament to give Subsidies to make War against Spain See the second Part of the Keeper Williams ' s Life fol. 4. tit 2. This War the King says was not undertaken rashly nor without just and honourable Grounds but enforced for the necessary Defence of himself and his Dominions If this War were for the necessary Defence of the King and his Dominions there must be some Body that did thus offend the King and his Dominions but who this is the King neither says nor can I find For the Support of his Friends and Allies This is general so no particular Answer can be given to it but who these Friends and Allies were which were to be supported the King neither says nor can I find For redeeming the antient Honour of this Nation It had need for it was never so blasted as in his Father's and his own Reign For the Recovery of the Patrimony of his dear Sister her Consort and their Children injuriously and under colour of Treaties of Friendship taken from them The King's Father to make good the Narrative which this King and Buckingham made of the Spanish Treaty told the Parliament he was deceived by Generals and that dolosus versatur in generalibus If the King would have satisfied the World how his Brother-in-law's Patrimony was taken from him by Colour of Treaties and Friendship he should have set forth the Treaties and Friendship and by whom and when sought and by whom and when broken but of this the King says not one word and therefore that which he says stands for nothing And for the Maintenance of the true Religion Were the Ships which he and Buckingham last Year sent to subdue the Rochellers who had never given him or his Father any Offence for the Defence of the true Religion If this was not what was it this King did for the Defence of the true Religion And invited thereunto and encouraged therein by the humble Advice of both Houses of Parliament What! all this by the Advice of both Houses of Parliament I cannot find the Parliament 21 Jac. ever invited his Father to any more than to break off the Treaties of the Prince's Match with Spain and the Palatinate But what if upon the Misinformation of the Duke ex parte the Parliament had done all this yet whenas the Earl of Bristol had twice blasted the Duke's Narrative in every particular without any Reply Why
am not when Buckingham came out of France with the Queen of England he left or soon after sent Sir Balthazer Gerbier to hold secret Correspondence between the Queen and himself and tho Richlieu watch'd Gerbier narrowly yet he brought the Queen's Garter and an exceeding rich Jewel to Buckingham from her Upon the breaking out of the Feuds in the Queen's Family which began almost as soon if not before it was settled Buckingham prevails with the King to be sent into France to compose them which was granted But Nani says the true Motive of Buckingham's Journey being ascribed to Love contracted in that Court Richlieu perswaded the King to refuse him Entrance into the Kingdom The Rage hereupon of the other was inflamed to extremity and sware since he was forbidden to enter in a peaceable manner into France he would make his Passage with an Army Here you see the Duke was under a double Obligation of Love and Honour and since he could not attain his End in Love it 's remarkable by what Steps he proceeded to make good his Oath and Honour of entering into France with an Army which will be better observed if they be look'd upon in their Circumstances It was the 16th of August 1625 in the first Year of the King's Reign as you may see in Rushworth fol. 335. that Buckingham caused the Captains of the Fleet under the Command of Vice-Admiral Pennington to deliver it into the French Power to fight against the Rochellers and while the Fleet was thus in the French Power and after the Duke had received the horrible Affront of being denied Entrance into France in a peaceable and loving manner about Michaelmas following viz. about six Weeks after the delivery of the Fleet the Duke as Lord High Admiral of England by an extraordinary Commission seized the St. Peter of New-haven John Mallerow Master laden with Goods Merchandize and Money to the value of 40000 l. upon the account of Monsieur Villiers Governor of New-haven and other French Merchants as Prize and the Duke took out of the said Ship sixteen Barrels of Cochineal eight Bags of Gold three and twenty Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold and Monies and Commodities to the value of 20000 l. and delivered them to Gabriel Marsh his Servant Whereupon there was an Arrest of two English Merchant Ships in New-haven upon the 7th of December following viz. 1625. whereupon by a Petitionâ from the Merchants the King ordered December the 28th that the Ship and Goods belonging to the French should be re-delivered to the French upon this the Court of Admiralty decreed upon the 16th of January following that the Ship with all the Goods except three hundred Mexico Hides sixteen Sacks of Ginger one Box of gilded Beads and five Sacks of Ginger should be released from further Detention and delivered to the Master yet the Duke not only detained to his own use the said Gold Silver Pearl Emeralds Jewels and Money but upon the 6th of February following without any legal Proceedings caused the sid Ship to be again arrested and detained as you may see in Rushw f. 312. And here began the seizing of our English Ships in France which the Duke makes one of the Causes of the War Object But this is but a Charge of the Commons upon the Duke and therefore no direct Proof Answ It is not to be presumed the Commons would have charged these things thus particularly and positively without Proof and I say moreover they are to be taken for Truth since the King did dissolve the Parliament rather than the Duke should come to his Trial upon the Commons impeaching him hereupon and 't is worth Observation to see how without Counsel and by contrary Extreams the King and Duke engaged in both the Wars against Spain and France The Bishop of Litchfield in the second Part of the Life of the Lord Keeper Williams f. 4. tit 2. says The next day after King James's Death the King and Duke were busied in many Cares but the chief was for the Continuation of the Parliament at King James's Death the Keeper shewed that the Parliament determined with the Death of the King then the King said Since Necessity required a new Parliament his Will was that Writs forthwith be issued out of Chancery for a new Choice and not a day lost The Keeper hereupon craved leave to be heard and said It was usual in times before that the King's Servants and Friends did deal with Counties Cities and Boroughs where they were known to procure a Promise for their Elections before the precise time of any insequent Parliament was published and that the same Forecast would be good at this time which would not speed if the Summons were divulged before they look'd about them The King answered It was high time to have Subsidies granted for the War with the King of Spain and the Fleet must go forth for that purpose this Summer To which the Keeper replied in few words and with so cold a Consent that the King turned away and gave him leave to be gone whereas the King dissolved this Parliament and lost four Subsidies and three Fifteenths to save the Duke and make War upon France Concealing the true Reason for this War with France the Duke in his Declaration gives two other Reasons of it the first was the refusal of Mansfield to land his Army at Calais according to Agreement whereby the Design for the recovery of the Palatinate was frustrate But why must this be a Reason at this time of day for this was done in the Reign of King James and when the Treaty of the Marriage with France was in being Why was not then the Treaty broke off upon it And why after this in King Charles's Reign was the English Fleet put into the Power of the French to subdue the Rochellers and this Business of Mansfield's not so much as taken notice of The second Reason was The French seizing our English Merchants Ships in their Ports But this was after the Duke had seized and made Prize of the St. Peter of Newhaven so here the Duke begins making Prize upon the French and makes War upon them for doing so by the English However we have here a Declaration and Reason of a War against the French such as 't was tho none could be had for the War with Spain Here you may see the unhappy Fate of Princes who treat their Subjects as Enemies and their Flatterers and Favourites as their only Friends and Confidents for notwithstanding the King 's ill Success last Year to Cadiz and the King's Complaint for want of Money in the Exchequer and the ill terms he was at with his Subjects not only to be put upon making a War against the King of Spain and the Emperor but now also against the King of France and to have none but Buckingham Laud c. and their Paraâices to support him in all these Wars and what
the narrow Passages between the Salt-pits those that escaped were lost in the Salt-Pits and Ditches and the Crowd was so great in passing a Bridg that many were drown'd in the River yet in this Confusion and Adversity the Bravery of the English appear'd for a few having past the Bridg the French following the English rallied and faced about to charge the French who cowardly retreated over the Bridg. Except this little Action yet as great in Fame as any other the English Nation never received like Dishonour as in this loose and unguided Conduct of this lascivious Duke in this Expedition of whom it may be truly said he was Mars ad Opus Veneris Martis ad Arma Venus Home he comes and finds things as much in Disorder here as he had left them in Dishonour abroad the Prisons full of the most eminent Gentry of England by a special Warrant from the King for refusing to lend as they were assess'd by the Commissioners for the Loan and Bail denied them upon return of their Corpus's An Army was kept on foot when this Expedition had consumed all that which should have paid them which had not been done in 80 Years before the People fearing this was more to enslave than defend them In this Confusion Sir Cotton's Advice is called for by the King and Council what 's to be done who in a long and well composed Speech beginning at Charles the 5th sets forth the Design of the House of Austria to attain an universal Monarchy in these Western Parts of Europe How the Design was first check'd by Henry the 8th against Charles but more by Queen Elizabeth against his Son Philip the 2d they following a free Council and thereby winning the Hearts of a loving People ever found Hands and Money for all Occasions That the only way to raise Money speedily and securely was the Via Regia by Parliament other ways were unknown untrodden rough tedious and never succeeded well That Religion lies nearest the Conscience of the Subject and that there was a Jealousy of some Practices against it and that tho the Duke of Bucks had broken the Spanish Match out of a Religious Care that the Articles demanded might endanger the State of the Reformed Religion yet being an Actor in the French Match as hard if not worse passed than those of Spain Sir Robert goes on and enumerates the Miscarriages in these two last Years the Waste of the King's Revenue the Pressures upon the publick Liberty of the Subjects in commanding their Goods without Consent in Parliament imprisoning their Persons without special Cause shewed and this made good against them by the Judges How to obviate these he leaves to the prudent Consideration of the Council but like old Sir Charles Harboard he wishes that the Duke might appear to be the first Adviser for calling a Parliament so that the People may be satisfied this Parliament should be called by the zealous Care and Industry of the Duke Now the Hopes of getting Money by calling the Parliament works more than the Laws of God or sacred Justice could do for upon the 29th of January Writs are issued out for the Assembling of a Parliament to meet the 17th of March following the Prison-Doors are opened for the imprisoned Gentry to go abroad the Arch-bishop the Earl of Bristol and Bishop of Lincoln who tho now in Disgrace was the first Raiser of Laud after Bishop of London and Arch-Bishop of Canterbury have Writs to ãâã in Parliament But see the Unstability of Resolutions not founded in Truth Justice or Prudence for the next Day after the Writs for summoning the Parliament were agreed the King January the 30th granted a Privy-Seal to Burlemach for 30000 l. to be returned to Sir William Balfour and John Daâbier for raising a thousand German Hârse with Arms both for Horse and Foot to be sent into England February the 28th where was an Army already upon free Quarter and after grants a Commission to 23 Lords and others to raise Money upon Impositions or otherwise Thus things stood in the State before the Meeting of the Parliament Now let 's see how they stood in the Church Barnevelt having headed a Faction in Holland which called themselves Arminians and designing by them to have deposed the Prince of Orange lost his Head for it about four Years before now on the contrary the Arminian Faction here which called themselves the Church of England ascribed all Dominion to the absolute Power of the King The Principals of this Faction were Neal Bishop of Wââchester Laud Bishop of Bath and Welâs and Richard Mountague afterwards advanced to the Bishopricks of Chichester and Norwich this Faction was headed by the Duke At this time the Jesuits had taken a House at Clarkenwell designing to make a College of it who in a Letter to the Father Rector of the Jesuits at Brussels boast that they had planted the soveraign Drug Arminianism which they hoped would purge the Protestants from their Heresy and that it flourished and bore Fruit in a due Season and they proceeded by Counsel and Consideration how and when to work upon the Duke's Jealousy and Revenge and in that they gave the Honour to those who merit it which were the Church Catholicks they assured themselves they had made the Duke and the Parliament irreconcilable and that they have those of their Religion who stand continually at the Duke's Chamber to see who comes in and who goes out They glory how admirably in their Speech and Gestures they act the Puritans and the Cambridg Scholars shall find by woful Experience they can act the Puritans better than they have done the Jesuits That their Foundation is Arminianism that the Arminians and Projectors affect Mutation Having thus laid the Foundation for propagating their Religion the Jesuits next Care was for the State and in the first place they consider the King's Honour and Necessities and shew how the King may free himself of his Word as Lewis the 11th did and for greater Splendor and Lustre how he may raise a great Revenue and not be beholden to his Subjects which was by way of Excise which must be by a mercenary Army of Horse and Foot For the Horse they had made sure they should be Foreigners and Germans who would eat up the King's Revenue and spoil the Countries wheresoever they came tho they should be paid What Havock then will they make there when they get no Pay or are not duly paid they will do more Mischief than we hope the Army will do This mercenary Army of 2000 Horse and 20000 Foot was to be taken into pay before the Excise be settled In forming the Excise the Country is most likely to rise if the Mercenary Army subjugate the Country the Soldiers are to be paid out of the Confiscations they hope instantly to dissolve Trade and hinder the Building of Ships by devising probable Designs and putting the State upon Expeditions as that of Cadiz and in taking
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
Magna Charta is such a Fellow that he will have no Soveraign I wonder this Soveraign was not in Magna Charta or in the Confirmations of it If we grant this by Implication we give a Soveraign Power above all these Laws Power in Law is taken for a Power with Force The Sheriff shall take the Power of the County what is meant here only God knows It is repugnant to our Petition grounded on Acts of Parliament Our Predecessors could never endure a Salvo jure suo no more than the Kings of old could endure for the Church Salvo honore Dei Ecclesiae We must not admit this and to qualify it is impossible Let us hold our Privileges according to the Law that Power which is above this is not fit for the King or People to have it disputed further I had rather for my part have the Prerogative acted and I my self lie under it than have it disputed Sir Thomas Wentworth said If we admit of this Addition we leave the Subject worse than we found him and we shall have little Thanks for our Labour when we come home Let us leave all Power to his Majesty to punish Malefactors but these Laws are not acquainted with Soveraign Power We desire no new thing nor do we offer to trench upon his Majesty's Prerogative We may not recede from our Petition neither in part or whole Mr. Selden said Let us not go hastily to the Question if there be any Objections let any propound them and let others answer them as they think good If it the Saving hath no Reference to our Petition what does it here I am sure others will say it hath Reference and so must we how far it does exceed all Examples of former times no Man can shew the like Then he shews the manifold Statutes besides Magna Charta wherein is no such Saving And whereas Mr. Speaker said The King was our Heart and ever shall be but then Mr. Selden said We spake of the King's Prerogative and we are bound to say so but when we speak of our Rights we are not to be imprisoned Saving but by the King 's Soveraign Power Say my Lands without any Title be seized into the King's hand and I bring a Petition of Right and I go to the King and say I do by no means seek your Majesty's Title and after that I bring a Petition or Monstrance de droit setting forth my own Right and Title and withal set down a Saving that I leave entire his Majesty's Right it would be improper Then he cites many Statutes wherein there are Savings but no ways pertinent to this which you may read at large in Rushworth ' s Collections and Franklin ' s Annals And in truth it troubles me I am forced to curtail this not only in Mr. Selden but other Noble Persons by reason the Treatise would swell to a greater Bulk than I designed it The Lords afterwards had a Conference with the Commons to fortify their Addition managed by my Lord Keeper which was answered by Mr. Mason And after that the Commons desired another Conference with the Lords and ordered Serjeant Glanvile to argue the legal part of the Petition and Sir Henry Martin the rational part of it which they did so well that at a Conference May 26. 1628 between both Houses the Lord Keeper from the Lords told the Commons the Lords agreed with them in omnibus of their Petition only in the Alteration of two Words viz. Means for Pretext and for the Word unlawful not warrantable by the Laws and Statutes of the Realm The Houses thus happily accorded the Petition with the foresaid Amendments were read two several times in the House of Commons and then upon the Question voted to be engrossed and read a third time and the House to sit in the Afternoon till it was engrossed and read and ordered to be presented to the King in which there was not one Negative And the Bill for the Subsidies was read a second time and committed and upon Wednesday the 28th the Lords and Commons had a Conference about the Manner of Delivery of the Petition and Sir Edward Coke reported that their Lordships were agreed That no Addition or Preface be used to the King but that the Petition be preferred to his Majesty by the Command of the Lords and Commons and that his Majesty by be desired to the Content of his People he would give his Gracious Answer in full Parliament In all these Transactions the King was very uneasy fain he would have the Money yet was unwilling to answer the Petition The House was aware of this and therefore agreed the Petition before they would pass the Money-Bill Upon the 12th of April the King by Secretary Cook acquainted them of the Necessity of Supply and expected some Fruit of what was so happily begun but finding a Stop beyond all Expectation of so good a Beginning the Secretary was therefore commanded to tell them That without any further or unnecessary Delay they proceed in this Business and bid them therefore take heed that they force him not to make an unpleasing end of that which was so well begun And two Days after the Secretary quickned the Business of this Supply again Upon the 2d of May the King sent a Message by Secretary Cook That as he would rank himself amongst the best of Kings wherein he has no Intention to invade or impeach our lawful Liberties so he would have them to match themselves with the best of Subjects not by encroaching upon that Soveraignty or Prerogative which God had put into his hands for their Good and that this Sessions of Parliament must continue no longer than Tuesday come Seven-night at the farthest and that his Royal Intention is to have another Session at Michaelmas next for the perfecting such things as cannot now be done Now let 's see how unwillingly the King was brought to pass the Petition Upon the 16th of May Secretary Cook pressed the House to rely upon the King's Word and that the King promised to govern them by the Laws and that they shall enjoy as much Freedom as ever and that this might be debated in the House but Sir John Elliot answered that the Proceedings in a Committee is more honourable and advantagious to the King and House with whom the House agreed In the Debate of this Committee some were for the Bill to rest but Sir Edward Coke ' s Reasons prevailed to the contrary Was it ever known said he that General Words were a sufficient Satisfaction to particular Grievances Was ever a Verbal Declaration of the King Verbum Regni When Grievances be the Parliament is to redress them Did ever Parliament rely on Messages They put up Petitions of their Grievances and the King answered them The King's Answer is very gracious but what is the Law of the Realm that 's the Question I put no Diffidence in his Majesty the King must speak by Record and in
thereunto that altho he granted Commissions for collecting certain Duties and Customs due by Law yet made none for receiving the Subsidies of Tunnage and Poundage till it was granted in Parliament Since his time all Kings and Queens have had such Grants for Life by the free Love and Good-will of the Subjects but whensoever the People have been grieved by laying on any other Imposition or Charges upon their Goods and Merchandise without Authority of Law which has been very seldom yet upon Complaint in Parliament they have been relieved saving in the time of your Royal Father who having through ill Counsel raised the Rates and Charges upon Merchandise to that height at which they now are yet he was pleased so far to yield to the Complaint of his People as to offer That if the Value of such Impositions as he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any more which Offer the Commons did not yield to Nevertheless your Loyal Commons in this Parliament out of special Zeal to your Majesty's Service and especial Regard of your pressing Occasions have taken into their Consideration so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the Defence of your Realm and your Subjects by being more secure from all undue Charges be more encouraged chearfully to proceed in Trade by Encrease whereof your Majesty's Profit and likewise the Strength of the Kingdom would be much augmented But being now not able to accomplish this their Desire there is no Course left to them without manifest Breach of their Duty to his Majesty and Country save only to make this Declaration That the receiving Tunnage and Poundage and other Impositions not granted by Parliament is a Breach of the Fundamental Liberties of this Kingdom and contrary to your Majesty's Royal Answer to the Petition of Right The King who had so unwillingly heard the Commons Remonstrance against the Duke before the Bill of Subsidies was passed both Houses now it was past both Houses was resolved to hear no more of this and therefore when this Remonstrance concerning the Tunnage and Poundage was engrossed and reading in the House the King sent for the Speaker and the House to the House of Lords where the King came so unexpectedly that the Lords had not put on their Robes nor had the Commons given the Speaker any Order or Direction to deliver the Bill of Subsidies neither was it brought down to the Commons again as is usual When the Commons came to the Lords House the King said It may seem strange that I come so suddenly to end this Session before I give my Assent to the Bills I will tell you the Cause tho I must avow that I owe the Account of my Actions to God alone It is known to every one of you that a while ago the House of Commons gave me a Remonstrance how acceptable every Man may judg and for the Merit of it I will not call that in question for I am sure no wise Man can justify it Did ever any King of England but this King's Father and himself treat a Parliament or either House at this rate before At the opening of the Parliament he calls them Fools if they would not do as he would have them and now he tells the Commons No wise Man can justify their Advice to him I 'm sure a wiser Man than this King or his Father says He that wins Souls is wise and if you convert the Proposition He that provokes them is otherwise Heretofore the Kings of England and I believe all prudent and civiliz'd Princes ever forbore to give any Petitioners harsh Language if their Petitions did not please their usual Answer was The King will consider or be advised upon them One great End of the Meeting of Parliaments is truly to represent to the King the State of the Kingdom which is rarely done by Flatterers and Favourites whose Interest is contrary to that of the Kingdom and if any thing be done in Prejudice of the King and Kingdom that both may be redressed in Parliament In the Commons Remonstrance to the King they set forth the weak and dangerous State of the Kingdom equally dangerous to the King and Kingdom in six several Particulars Does the King either answer or deny any one of the Particulars otherwise than that he is sure no wise Man can justify their Remonstrance But tells no Reason for this nor from whom he had this Assurance Was ever any King or Man so great as to be above his Interest or less for being well advised in all his Actions Nay ought not not only every King but other Men be so much more careful and advised in all their Actions by how much greater they are The King goes on and says Now since I am truly informed that a second Remonstrance is preparing for me to take away the Profit of Tunnage and Poundage one of the chief Maintenances of my Crown by alledging I have given away my Right thereto by my Answer to your Petition So that here the King hath true Information of that but says not how he was truly informed which was not in being for the Remonstrance was not passed the Commons when the King came into the House of Lords so that it may more probably be the King is not truly informed of this Remonstrance I 'm sure he is misinformed if the Remonstrance as it is printed in Rushworth and Franklin be true that the Commons alledged that the King had given away his Right to the Customs by his Answer to the Petition of Right For the Commons denied there that either he or any of his Predecessors before him which was long before the Petition of Right had any Right to them before they were granted by the free Gift of the Subject Tho the King would take the Customs to which he had no Right yet would he not permit the Commons to sit till they could perfect a Bill to give him Duties upon Tunnage and Poundage without which no King of England before him claimed any other Right But since the King says in his Declaration for the Dissolution of the Parliament that his Predecessors time out of mind have had these Customs but says not who told him so it 's fit to see when and what Customs of Tunnage and Poundage were taken and for what end and how they were taken Sir Edward Coke in his fourth Institute of the High Court of Parliament fol. 32. out of Records makes thirteen Observations upon the Subsidy of Tunnage and Poundage 1. Of Poundage only at 6 s. in the Pound for two Years upon Condition c. And this was 47 Edw. 3. 2. 6 d. for Poundage 2 s. for Tunnage of Wine hac vice This was 6 Ric. 2. 3. 6 d. of every Pound of Merchandise 2 s. of every Tun of Wine upon Condition
c. and hac vice This was 7 Ric. 2. 4. Sometimes to have Intermission and to vary lest the King should claim them as Duties as 2 s. 18 d. 3 s. 5 Ric. 2. 9 Ric. 2. 10 Ric. 2. 5. 3 s. for Tunnage of Wine and 2 s. 6 d. for Poundage for one Year 11 Ric. 2. 6. 3 s. for Tunnage of Wine and 1 s. for Poundage hac vice 13 Ric. 2. 7. 6 d. for Poundage and 18 d. for Tunnage of Wines for three Years 14 Rich. 2. 8. 8 d. for Poundage and 2 s. for Tunnage of Wine 2 Hen. 4. 9. 12 d. for Poundage and 3 s. for Tunnage of Wine for three Years 4 Hen. 4. 10. 12 d. for Poundage and 3 s. for Tunnage of Wines for several times upon Condition sometimes for one Year 6 Hen. 4. 11. 12 d. for Poundage and 3 s. for Tunnage of Wines for four Years 1 Hen. 5. 12. The like Subsidy was granted to Hen. 5. in the third Year of his Reign for Life for carrying on the War against France 13. Tunnage of Wine and Poundage was granted to Edw. 4. for Life with no Retrospect but for time to come 4 Edw. 4. These were continued to all the Kings and Queens of England after Edw. 4. to King Charles 1. but these were of Wines only but these were always granted for the guarding the Seas and of the free good Will of the Subject So that the first Grant of these Duties of Tunnage and Poundage for Life began at Hen. 5. but that was but for that part of his Life for time to come being granted in the third Year of his Reign and so were those in the Reign of Edw. 4. which were granted in the fourth Year of his Reign and Hen. 7. would not take them till they were granted by Parliament and Sir Robert Phillips who was a Member of Parliament Primo Jac. says in his Speech in Parliament Mr. Rushworth mentions it fol. 644. that by reason of the Sickness primo Jac. the Parliament was prorogued and then some were so bold as to demand the Duties of Tunnage and Poundage for which they were questioned in Parliament But after the Duties of Tunnage and Poundage were given to King James and settled by a Book of Rates King James which none of his Predecessors ever did before imposed higher Duties upon several sorts of Merchandise than were granted in Parliament by his own Will and so continued them to his Death and after his Death his Son by his own Will took not only those Duties granted by Parliament but those imposed by his Father neither would he permit the Parliament to sit to establish a Book of Rates but prorogu'd or dissolved them before they could accomplish it And this was the Right he charges the Commons to endeavour to take away by his granting the Petition of Right The King goes on and says This the Right to Tunnage and Poundage alledg'd to be given away by the Commons is so prejudicial to me that I am forced to end this Session some few hours before I meant being unwilling to receive any more Remonstrances to which I must give a harsh Answer And since I see that the House of Commons begins already to make false Constructions of what I granted in your Petition lest it be worse interpreted in the Country I will now make a Declaration concerning the true Intent thereof The King should have declared whether he saw this false Construction of the Commons with his own Eyes or the Eyes of another if with his own Eyes Why does he not declare wherein the Commons made this false Construction of his Grant Or if he saw or heard of this false Construction of the Commons from another the King should have said who told him so Now let us see if the contrary of what the King so injuriously charges the Commons with be not true The Commons say No King of England ever claimed these Customs but by the free Gifts of his Subjects Does the King deny this or shew that ever any King of England claimed them otherways or by any other Right The Commons say His Father raised them to the height they then were without Act of Parliament or free Gift of the People Does the King deny this to be true And that the King continues to take these Customs without any Act of Parliament or Gift of the People Does the King deny this Do not the Commons tell the King That out of their Zeal to his Service and especial Regard to his pressing Occasions they had under Consideration so to frame a Grant of a Subsidy of Tunnage and Poundage to his Majesty that he might have been the better enabled for the Defence of his Realm and Subjects by being secure from all undue Charges for the Security of Trade the Profit of the King and Strength of the Kingdom Does the King deny this With what Conscience and Justice then does the King say the Commons made false Constructions of his Answer alledging he had given away his Right to the Customs by his Answer to the Petition of Right When or where is any such Allegation in any part of the Remonstrance The Commons say that since the King will not permit them to finish their intended Subsidy they have no Course left without manifold Breach of their Duty to his Majesty and their Country save only to make this humble Declaration That the receiving Tunnage and Poundage and other Impositions not granted by Parliament is a Breach of the Fundamental Liberties of this Kingdom and contrary to your Majesty's Answer to the Petition of Right Does the King shew that it was not the Commons Duty to represent this to him or that the Commons alledged he had any Right to the Duties which he had given away by his Answer to the Petition of Right Now let 's see the King's Declaration of the true Intent of his Answer to the Petition of Right The Profession of both Houses in the time of the Hammering spoke like a King this Petition was no ways to trench upon my Prerogative no more it did saying They had neither Intention or Power is hurt it therefore it must needs be conceived that I have granted to new but only to confirm the antient Liberties of my Subjects Yet to shew the Clearness of my Intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self That those things which have been done whereby many have had some Cause to expect the Liberties of the Subject to be trenched upon and indeed was the first and true ground of the Petition shall not hereafter be drawn into Example for your Prejudice and from time to time on the Word of a King ye shall not have the like Cause to complain But as for Tunnage and Poundage it is a thing I cannot want and was âever intended by you to ask nor meant by me I am sure to grant Nor did
see what Fruits the Petition of Right passed but the Year before had and the King 's repeated Declarations to maintain the Laws of the Land and the Liberty and Property of the Subject But if this Prince has not kept his Word for the time past he will keep it he says for the time to come in the Declaration he made for the Dissolution of this last Parliament I do not find the Date of it yet it begins with the usual Prologue However Princes are not bound to give an account of their Actions but only to God In this the King says nothing of the Eyes of all Christendom being upon him but tells how the Aids granted this last Parliament were for Payment of his Fleet and Army and that with part of those Monies he began to supply his Magazines and Stores and to put his Navy into a constant Form and Order and that notwithstanding the Provocations of evil Men whose Punishment he reserves to a due time he will maintain the Established Religion and Doctrine of the Church of England and the antient and just Rights and Liberties of the Subject Yet as he will maintain the Subjects Rights so he expects that they yield as much Submission and Duty to his Royal Prerogative and as ready Obedience to his Authority and Command as had been performed to any of his Predecessors Then wills his Ministers not to be terrified by the harsh Proceedings strained against them for as he will support them by his Authority and Prerogative so he expects they should obey him and that he will receive the Customs and the Duty of Five in the 100 and if any factious Merchants refuse to pay they shall be assured he will find honourable and just means to support his Estate and Soveraignty and preserve the Authority God had put into his Hands and for this his Subjects ought to acknowledg their own Blessedness and for the same to be thankful to God the Author of all Goodness For this you must take the Prince's Word for the next twelve Years But being thus great and happy at Home let 's see what is doing Abroad The War against France was not more inconsiderately begun about two Years before than the Peace made with it was secret The first time it was made known was when the French King besieged Privas he proclaimed the Peace with his good Brother of England The Reformed were astonished and confounded that the King of England who brought them into the War should leave them out of the Peace Hereupon Privas surrenders so does Castres and Nismes the great Rohan is forced to submit and disband The Power of the Reformed thus rooted up and while the King of England is making War against the Members of Parliament Richlieu marches with an Army into Italy and takes Salusses and Pignerol from the Duke of Savoy Richlieu having thus secured the King of England took no less care that the Empire should not put a stop to the swelling Ambition of his Master and to this purpose enters into a Confederacy with the Protestant Princes of Germany to call the King of Sweden in to Germany who next Year entred into it where for eighteen Years the French Protestant Princes joining the Swede a most dreadful War was raised all over Germany so as the French had no cause to fear any Danger thence on the contrary they took Brisac and other Places and had opportunity to wrest Lorain from that Duke But King Charles prospering as he thought in his Domestick War having taken more Prisoners in it I mean the Members of Parliament and Constables of Hertfordshire than his Father and he had done in all their Wars against France Spain and the Empire for the recovery of the Palatinate was very unwilling to enter into a Foreign and therefore in a kind of petitioning way sends Sir Henry Vane his Ambassador to the King of Sweden to take care of the Patrimony of his Brother but with no better Success yet in a more rough scornful and dishonourable manner than his Father's Ambassadors had with the Emperor But that he might seem to do something the King sent Marquess Hamilton with 6000 Men to assist the Swede who tho every-where else victorious yet this Army under Hamilton had worse Success than that under Mansfield being starved and mouldred away almost to nothing and yet fought not at all and being reduced to two Regiments the King of Sweden would not permit King Charles to name the Officers See Whitlock's M. f. 15. and Franklin's Anno 1630. The ill Success of Hamilton's Army put the King out of all Conceit of prosecuting any Foreign War and therefore wholly makes it his Business to make himself more Absolute at Home There is but one Rub in the way viz. the great Prop of the Church the Arch-bishop of Canterbury Abbot a Prelate of most eminent Learning whose upright Integrity stood as an unshaken Rock against the Innovations both in Church and State which were now so fiercely push'd on by the Arminians I find but little Action in this Year 1631 things were only preparing to what followed yet altho Arch-bishop Abbot was living the Torrent run so high in the University of Oxford that several of the Members were proceeded against and censured for Sermons preach'd against Arminianism and expell'd the University and the Book of Sports and Pastimes upon the Lord's-day was republished Judg Richardson was so hardy as to repress them but the Bishops took this as an intruding upon the Ecclesiastical Power and Bishop Laud complained thereof to the King and the Judg was check'd for it See Whitlock's Memoirs fol. 16 17. But in the Year 1632 this Reverend Prelate died and thereby left room for Laud the Fire-brand of Arminianism to take Possession Before we see what follows let 's look back upon what went before He being of a restless aspiring Temper in the beginning of King James his Reign got to be Chaplain to Mountjoy Earl of Devonshire and to shew he would be great upon any account he marries the Earl to the Lady Rich tho her Husband was then alive and had many Children by her viz. Robert then Earl of Warwick and Henry Earl of Holland which Act so displeased King James that the Earl fell into his Displeasure and tho Laud hanker'd near twenty Years after the Court to get Preferment principally under the Countenance of Neal Bishop of Winchester yet the King would never endure to hear of it But at last by the Importunity of Neal and others Williams Bishop of Lincoln and Lord-Keeper was prevailed upon to intercede for him without any Success till at length the Keeper told the King It would be hard to serve a King who could not forgive one Fault At last he got the King to prefer Laud to the Bishoprick of St. Davids but he had not been scarce one Year in his Bishoprick before he became Williams his bitter Enemy and Prosecutor as you may read in the second Part
write a Mercenary Treatise called Mare Liberum wherein he will not allow the King to have any Title to the Soveraignty of the British Seas or his Subjects any more Right to fish in them than the Dutch or any other Nation But how consistible this Treatise is to Truth Antiquity the sacred Scriptures or to Grotius himself or to the Practice of his Country-Men is now fit to be enquired into And since I have as well as I can asserted the Laws and Constitutions of my Country at home I will with that Sincerity that becomes an English-man endeavour to vindicate the Honour of it abroad especially in our King's Soveraignty of the British Seas which Grotius so absurdly in his Mare Liberum endeavours to rob them of An Answer to Grotius his Mare Liberum wherein is shewed how often he contradicts himself how ignorant he is in all Principles and Methods in Reasoning and how impossibly contrary his pretended Arguments are to Sacred History and all antient Authority But before we enter hereupon it 's fit to see how the Case stood before Grotius wrote his Mare Liberum as well in reference to the King of England's Claim as how the Case stood between the King and Dutch when Grotius wrote his Mare Liberum And that we may avoid the endless Confusions which Grotius above all other Writers abounds in I require these Premises First That God made all things in the Waters as well as upon the Earth for the Use of Man Secondly That no Man upon the Waters as well as on the Earth did live out of Society Thirdly That in Society the Offices of commanding and obeying are necessary Fourthly That Anarchy is as abhorrent among Men upon the Waters as upon the firm Land and as impossible for Men to subsist in the one as in the other Fifthly Piracy by Sea is a Crime equal to Theft by Land Sixthly Killing a Man by Sea without lawful Authority is a Crime equal to Murder by Land Note Grotius answers not one of these Principles nor shews by any Authority when or where the Dominion of the Seas was by Usurpation Whereas the contrary has been practised by Kings and States as old as there are Records of any times but only feigns Premises not only contrary to the Authority of sacred History and all Antiquity but such as are absurd blasphemous and impossible considering the Nature of Man But these are not said in his Mare Liberum but in his Preface and Treatise of War and Peace So that to have answered these in this Treatise would have swelled it to a much greater Bulk than intended but if God please I shall hereafter answer these in a Treatise by it self The Principles thus premised we proceed to enquire what Soveraignty the Kings of England have claimed in the British Seas bordering upon England and Ireland since that Kingdom became subject to the Crown of England and leave it to unbiassed Readers whether the Kings of England claimed any thing contrary to any of these Premises The Claims which the Kings of England make to the Soveraignty of the British Seas are threefold 1. To protect their Subjects in all their just Employments upon the British Seas from all Hostility by Enemies whereof the Fishing in these Seas are the chief 2. To prevent Hostility by other Nations in these Seas 3. To receive an Acknowledgment from all Nations for their Protection in these Seas by striking their Flag in Submission to the King's Men of War which protect them By this Dominion of the British Seas the Kings of England more secure their Subjects from foreign Invasion than any other Potentates in the World how great soever their Territories are can do I will not swell this Treatise with what Mr. Selden Sir John Burroughs Mr. Camden and others have written of the Kings of England being possest of these Rights by immemorial Prescription and of the Maritime Laws they have made as well in reference to their Subjects as Foreigners nor of the Treaties they have made with Foreign Princes and the Compositions they have made for Licence to fish in the British Seas before the Dutch Government was formed into States nor was ever these Rights disputed by any of them before Grotius did this Year Nor is this Dominion in the Seas new in the World but as old is any Records of Time for of old the Egyptians Phenicians and Athenians enjoyed it and set Bounds to other Nations how far they would permit Nations to trade in them Sir Walter Rawleigh in his History of the World at large sets forth the long Wars between the Romans and Carthaginians in the first Punick War for this Dominion and the Romans being often beaten by the Carthaginians resolved to desist further Contention herein till they found that it was to little purpose to strive to extend their Dominion by Land if the Carthaginians were Masters at Sea So that the Dominions of the Seas which beat upon the Shores of Princes are not new or only usurped by the Kings of England but used by other Princes and States of old From more antient to descend to more recent times the Veâetians claim the Soveraignty in the Adriatick Gulf tho the Venetian Territories on either side of it are not one sixth part of it and cause all Ships even of the King of Spain and Great Turk whose Territories on both sides the Gulf are fivefold more than the Veâetians to pay Customs and other Duties In the Year 1630 Mary the Sister of the Queen of Spain being espoused to the Son of the Emperor Ferdinand the Vice-Roy of Naples provided a great Fleet to transport her to Triesti but tho the Venetians were involved in a War abroad and infected with a Plague at home they would not permit it but conveyed her by a Fleet of their own See Jo. Palatius de Dom. Maris l. 2. c. 6. In the Year 1638 a Turkish Fleet entring the Gulf without Licence was assaulted by the Venetian Admiral who sunk divers of their Vessels and forced the rest to fly to Valona and there besieged them tho the City and Port were in the Dominion of the Great Turk yet tho a dangerous War was like to have ensued hereon the Venetians rather than lose their Dominion insisted on their Right and concluded an honourable Peace with the Turk wherein it was agreed That as often as any Turkish Vessels did without Licence enter the Gulf it should be lawful for the Venetians to seize upon them by force if they would not otherwise obey see the Justification of the second Dutch War by K. Charles II. pag. 58 and the Grand Signior prohibits all Nations except his Vassals to enter the Euxine or Black Sea as also the Red Sea Dr. Stubbe in his Justification of King Charles the Second's Dutch War pag. 126. says the Danes and Norwegians would not permit either Fleming or English to fish near Schetland without Licence previously obtained and if any presumed
Exchequer where he pleaded and the King's Counsel demurring the Point in Law came to be argued on both sides Mr. Whitlock has a remarkable Passage of Judg Croke concerning his Opinion in the Case of which he speaks knowingly viz. that the Judg was resolved to give his Judgment for the King and to that end had prepared his Argument yet a few Days before he was to argue upon some Discourse with some of his nearest Relations and most serious Thoughts of the Business and being heartned thereto by his Lady who was a good and pious Woman told her Husband upon this Occasion That she hoped he would do nothing against his Conscience for fear of any Danger or Prejudice to him or his Family and that she was content to suffer Want or any Misery with him rather than be an Occasion for him to do or say any thing against his Conscience or Judgment Upon these and many the like Incouragements but chiefly upon better thoughts he suddenly altered his Purpose and Arguments and when it came to his turn contrary to Expectation he argued and declared his Opinion against the King and so did Judg Hutton after however the rest of the Judges gave their Opinions against Mr. Hambden However the King this Year to sweeten the Judges Opinion for levying Ship-Money set out a Navy of sixty Men of War to disturb the Dutch Fishing on the Coasts of England and Scotland under the Command of the Earl of Northumberland who seized and sunk several of the Dutch Busses whereupon they sued to the King for leave to fish promising to pay an Acknowledgment of 30000 l. per Annum But this ill agreed with the King's Reason for levying Ship-Money which was that Pirats infested our Coasts to the indangering the Safety of the Nation See William de Britaine f. 16 17. But if the Dutch were thus bold upon our Coasts by the Liberty granted them by Hugo Grotius they were much bolder in the East-Indies where they stile themselves Soveraigns of all the Seas in the World for Anno 1620 they seized upon two Ships of the English called the Bear and the Star in the Straits of Mallaca going to China and confiscated Ships and Goods valued at 150000 l. I suppose Grotius could not give a like Instance of any Dutch Ships so used for passing through the Channel and last Year viz. 1635 an English Ship called the Bona Esperanza going towards China by the Straits of Mallaca was violently assaulted by three Dutch Men of War the Master and many of the Men killed and the Ship brought into Mallaca and there the Ship and Goods were confiscate valued at 150000 l. and this very Year the Dragon and Katherine two English Ships of Sir William Courten valued at 300000 l. besides the Commanders and others who had great Estates in them were set upon by seven Dutch Men of War as they past the Straits of Mallaca from China and by them taken the Men tied back to back and thrown over-board the Goods taken out of the Ships which were sunk and seized for the State The State and Church of England thus established in Doctrine and Discipline the Arch-bishop's next Care was to have the same in Scotland and herein he was so absolute that the King told the Marquess Hamilton when he was his Commissioner in Scotland that the Arch-bishop was the only English-man he entrusted in the Ecclesiastical Affairs in Scotland and no Care need be had of the Church of Ireland since my Lord Viscount Wentworth was Lieutenant there who to all Intents pursued the Arch-bishop's Instructions Here let 's see how the Church stood in Scotland before the Arch-bishop undertook to reform it James the 5th of Scotland died the 13th of December 1542 leaving only one Daughter Mary but five Days old by Mary of Lorain his Wife Sister to Francis Duke of Guise and Charles Cardinal of Lorain two the most powerful Princes in France after King Henry the 2d and the most zealously addicted to the Popish Religion After the King's Death Cardinal Beaton got a Priest Henry Balfour to forge the King's Will whereby the Cardinal the Earls of Huntley Argile and Murray were to have the Government during the Queen's Minority but the Nobility not believing it chose the Earl of Arran Governour and Henry the King of England desiring to unite the Kingdoms by marrying his Son Edward with the Infant-Queen sent a solemn Embassy to the Governour and Council of Scotland to consent to this Marriage which was done only the Queen Dowager and the Cardinal dissenting and this was confirm'd by the Parliament convened at Edinburgh the 13th of March following Yet the Queen-Mother and Cardinal got the Queen to be married to Francis the Dauphin Son of Henry the 2d of France In this Parliament the Scots were permitted to read the Scripture in the English Tongue till the Prelates should publish one more correct But in the Year 1559 the Scots began their Reformation in Religion at Perth the intervening Accidents of the Scots Endeavours to reform and the Opposition by the Regent the Cardinal and the Prelates you may read in Bishop Spotswood's History of the Church of Scotland and Sir Melvil's Memoirs To suppress the Progress of this Reformation the Queen-Mother who was Regent calls in an Army and Navy of French to oppose them The Reformers call in an Army and Navy of English the English Fleet fire the French Ships in their Harbour and compel the French to leave Scotland and in 1560 the Queen Regent died leaving Scotland in a kind of Interregnum In August following a Parliament convened at Edinburgh by a Warrant from the King and Queen wherein the Mass and Popery were suppressed and the Reformation of the Kirk of Scotland in Doctrine and Discipline established but the King and Queen now of France as well as Scotland refused to confirm either nor was this Kirk-Doctrine and Discipline confirmed till the Queen was deposed and Murray made Regent in 1567. The Reformation was purely after the Mode of Calvin and Church of Geneva a Common-Prayer was ordained not strictly to be observed but as a Pattern of Prayer In it were ordained four sorts of Assemblies viz. National Provincial Weekly Meetings of Ministers and the Eldership of every Parish Superintendents were likewise established whose Office was to visit the Kirk within limited Places these had Power to cite and deprive Ministers but must be assisted by some grave Ministers next adjoining as also to ordain Ministers But the Hierarchy of the Church of Scotland as they were esteemed one of the States in Parliament was not then nor after taken away by Parliament nor their Power of Ordination and Visiting within their Diocesses yet in Visitation and Ordination the Superintendents had a concurring Power with the Bishops and the Bishops were subject to be cited and proceeded against for Scandal neglect of their Office Symony c. by the General Assemblies This Reformation viz. 1581 was subscribed by
told them that the King of his Grace and Favour upon their granting 12 Subsidies to be paid in three Years would forbear levying Ship-Money and abolish it and for their Grievances they should rely upon his Royal Promise and give as much time now as may be and after at Michaelmas next and that the King expected a positive Answer Hereupon the House was turned into a grand Committee and spent the whole Day upon the Message but came to no Resolution and desired Sir Henry Vane to acquaint the King that the House would next day proceed upon the King's Supply But next Morning early Secretary Windebank in actual Correspondence and Conspiracy with Richlieu's Chaplain for subverting our Religion and introducing Popery commanded the Speaker to Whitehall and the same Day the King dissolved the Parliament and the next Day the Lord Brook's Study Cabinet and Pockets were searched for Papers and Mr. Bellasis and Sir John Hotham were convened before the Council to answer concerning Passages in Parliament and giving no satisfactory Answer were committed Prisoners to the Fleet till further Order from the King and Council and Mr. Crew was committed close Prisoner to the Tower till further Order from the Council and no Cause shewed in either of these Warrants The greatest Objection against Hereditary Monarchy is that Princes Ears are always open to Minions Flatterers and Sycophants whereby they rarely understand the state of their own Affairs or of their Subjects To attemper this the Wisdom of our Constitution ordains That Parliaments be frequently held to represent to the King the state of the Nation and so to inform him of Grievances that they may be redressed And so inviolably has this mutual Correspondence between the King and Parliament been observed in all Ages that I do not believe any King or Queen of England and of the English Race since Henry 3. ever dissolved one Parliament in Displeasure before King James whereas of eight Parliaments these two Kings of the Scotish Race dissolved seven in Displeasure Yet never did Parliaments in any Reign demean themselves more chearfully to any King than to these two and I challenge any one to shew that in any one respect they intrenched upon any just Prerogative of either of these Kings or did any Act not warranted by former Precedents It 's true Queen Elizabeth would not endure to have the Parliament to meddle with the state of the Church as 't was established nor hear of declaring a Successor and when either of these were moved contrary to her express Order she would commit the Members but easily dismiss them otherwise I believe in no Age any Member of Parliament was ever committed or censured by any King of England before King James for debating or reasoning of the state of the Nation or Church In the 20th of Edward 3. John of Gaunt the King's Son the Lords Latimer and Nevil were accused in Parliament for misadvising the King and were sent to the Tower for it and Henry 4. Rot. Parl. 5. upon the Complaint of the Commons against four of his Servants and Counsellors that they might be removed declared openly That tho he knew nothing against them in particular yet he was assured that what the Lords and Commons required of him was for the Good of himself and Kingdom and therefore he banish'd them and at the same time declared he would do so by any other who should be near his Royal Person if they were so unhappy as to fall under the Hatred of his People Whereas this King tho the Duke of Buckingham were accused of more Crimes in Parliament than is recorded of Pierce Gaveston and the Spencers in 2d's time and of the Duke of Ireland Tresilian and Belknap in 2d's time and of the Death of this King's Father to boot yet rather than the Duke shall be brought to Trial the King dissolves the second Parliament of his Reign And in his Declaration for dissolving the three Parliaments calls the questioning his Ministers an Invasion upon his Prerogative and that through them they endeavoured to wound their Soveraign's Honour and Government Since the Statute De Tallagio non Concedendo in the Reign of Edward the I I think no mention has been made that ever any King of England taxed the Subject before this King and his Father except Edward the IV by Benevolence for which his Memory is bitterly stained in the Parliament-Roll of the second Chapter of Richard the III tho it be not in the printed Statutes and by a Loan demanded in the Reign of Henry the VIII by Cardinal Wolsey the raising of which had near raised a Rebellion which when it came to the King's Ear he laid the Blame upon the Cardinal and said he would not rend his Subjects from the Law and forbid further proceeding in it Arch-bishop Abbot excepts against his Licensing Sybthorp's Sermons for that the King 's taxing Loans by his own Authority was neither by the Laws nor Customs of England the King in his Answer says He did not stand upon the Laws and Customs of England for he had a Precedent for it and would insist upon it The Arch-bishop replied He thought it was a Mistake and feared there was no such Precedent and that Henry the VIII desired but the sixth part of Mens Estates but the King required the full six Parts so much as the Men are set at in the Subsidy-Book And when the Commons in the third Year of his Reign made a Remonstrance against the King's taking Tunnage and Poundage not granted by Parliament the King calls this a detracting from their Soveraign and commands all who have or shall have any Copies of it to burn them upon Pain of his Indignation and high Displeasure The King for Causes of dissolving this Parliament the last he shall ever dissolve begins with the usual Stile That he well knows that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to his Imperial Crown of which he is not bound to give any Account but to God alone no more than of his other Regal Actions But quid gloriaris Did ever any King of England say this before his Father and himself Or in what common-Law or Acts of Parliament is this to be found Or if he had such Power Why does the King so often boast of it Sure it had been better done by another than himself Is this a time of day when this Prince had lost all his Honour abroad to magnify himself that he has Power to dissolve Parliaments at home and thereby obstruct those Ways by which he might unite himself to his Subjects and then glory that he is only accountable to God for all his Actions Nebuchadnezzar's Boast Is not this the Babel which I have built was but a Bauble to this He said this but once and God sent him seven Years among Wild Beasts and he saw his Pride and he repented This King upon all Occasions makes his Boasts but I do not
find he ever repented of any of them But admit the King had this Power and also that the Opening Adjourning and Proroguing Terms and granting Commissions of Oyer and Terminer and times of their Sitting and Continuance for Executing Justice be Prerogatives inseparable to the Imperial Crown of which he is accountable to God only Yet if he shall not open the Terms or grant Commissions of Oyer and Terminer or if he does refuse to have Justice done between himself and Subjects or between his Subjects but instead thereof prorogue or adjourn Terms and withcall his Commissions of Oyer and Terminer and declare to Him only belongs the Power of opening the Terms and of granting Commissions of Oyer and Terminer and that he is only accountable to God for all his Actions would not this be a Failure of Justice and can any Man believe that he would be God's Vicegerent herein for the Good and Benefit of his Subjects The Act of the 25 of Edward the III determines what Treasons are cognisable by the King's Judges but the other Treasons at Common-Law are only determinable in Parliament and one of the chiefest Ends in calling Parliaments is when the Judges themselves or Ministers of State becoming corrupt and too great for the ordinary Courts of Justice they may be punished in Parliament it is therefore greater Injustice and infinitely more dangerous to the King and Subjects to deny the Nation this Right than to deny Justice to particular Subjects The King is Head of the Common-wealth and the Laws and Constitutions of the Nation unite them into one Body which if they cease there is neither King nor Common-wealth and by the 4 Edw. 3. c. 4. Parliaments shall be holden every Year and by 36 Edw. 3. c. 10. Parliaments shall be holden once a Year and oftner if need be that Grievances and Mischiefs be redrest How then does it become the King to glory that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to the Imperial Crown which in plain English is to say It is a Prerogative inseparable to the Imperial Crown to rend himself from his Subjects and to make himself neither King nor the Nation his Subjects But if the King be accountable only to God for his Actions how comes it that he so often appeals to the People by these Declarations against their Representatives or rather against the People and their Representatives to his own Minions and Flatterers which are worse than any other Rebels and Traitors for these appear barefac'd what they are whereas those steal away the Love and Obedience of his Subjects and provoke them either to be Rebels and Traitors or careless to assist him against such as are And this was the Case of Edward the 2d and Richard the 2d and now it comes fast upon this unhappy King for so hereafter he will ever be In September this Year the Dutch fell upon a Fleet of the Spaniards in the Downs so furiously as being 53 in Number made them cut their Cables and run 23 of them on Shoar whereof 3 were burnt 2 perished on the Shoar the Remainder of the other 23 were deserted by the Spaniards and mann'd by the English to save them from the Dutch the other 30 put to Sea of which only 10 escaped Yet the King however he gloried in being stiled Soveraign of the British Seas took no Care to vindicate this against the Dutch to whom he was now become as contemptible as to his Scotish Subjects Now let 's see how things stood in Scotland After the Pacification between the English and Scots yet full of Jealousy on either Part the King sent for 14 of the principal Covenanters to come to him at Berwick which the Scots refused and only sent Montross Lowden and Lowthian these three Lords seemed much mollified by what the King had granted and promised all Obedience to the King The King urged Hamilton to be his Commissioner which he refusing he made Traquair but tied him up to close Instructions and in August he indicts a General Assembly the Bishops protest against it and the Covenanters supplicate the Commissioners and Council that Episcopacy be declared unlawful and the Covenant subscribed by all the Scotish Nation which the Commissioners verbally consented to Here you must understand that the Covenanters make the Kirk a distinct Table or Body from the Civil of which Christ Jesus is the only Head and that the Parliament is obliged to pass all the Acts of a General Assembly so that though by many Acts of Parliament the Bishops Sitting and Voting in Parliament is ordained and confirmed yet the voting Episcopacy to be unlawful hath rescinded all those Acts of Parliament for Sublata Causa tollitur effectus Upon the 30th of October in 1639 the Parliament met but upon the Difference between the Houses and the Earl of Traquair about naming Lords of the Articles the Earl prorogues them to the 14th of November which the Parliament protest against and declare all Proceedings in Parliament to be as valid as if no Prorogation had been The Parliament hereupon appoint a Committee to represent this to the King and in the mean time to expect the King's Answer and make the Earl of Dumfermling and the Lord Lowden their Deputies to do it who coming without Warrant from the Earl of Traquair were commanded back again without Audience Then the King commands the Commissioner Traquair to prorogue the Parliament to the second of June in 1640 and that Traquair should come and give an account of the Matters proposed in Parliament and Traquair having gotten one of the Letters which the Covenanters had sent to the French King for his Protection and Assistance of the Covenanters subscribed by Rothes Montross Lesley Mountgomery Lowden and Forester brings this with him and delivers it to the King for which the Scots would never forgive the Earl but ever after deemed him an Incendiary This yet being unknown to the Covenanters they petition the King to permit them to send some of their Members to vindicate their Proceedings which the King did and they sent the Earl of Dumfermling and Lowden again The King when they came to London claps Lowden close Prisoner in the Tower and expected that this Confederacy between the Scots and French would be a means to procure the Parliament to assist him more powerfully against the Scots but the King having dissolved the Parliament he as suddenly dismist him as before he had committed him which did the King no good This unhappy King would as easily be excited to give harsh language as be put upon sudden Actions and as soon leave them and often proceed quite contrary And now the King taxes the Scots Proceedings to be Traiterous and Rebellious and causes a Paper published by the Scots after the Pacification to be burnt by the Hand of the common Hangman but the Scots insisted their Proceedings to be according to the Covenant which they could not
Never was Nation shuffled into such unhappy Circumstances for to join the King was to return to his Prerogative Royal and Absolute Will and Pleasure and I have oft heard several of those who followed the King in the War say They as much dreaded the King's overcoming the Parliament-Party as they feared to be overcome by them And the Houses had broken the Fundamental Constitution of the Nation so as no Man could tell where they would stay Now are things brought to that pass Richlieu design'd them viz. England and Ireland in Civil Wars and Scotland Pensioners to France so as he might now securely carry on his Designs of advancing the Grandeur of France without any Fear of Disturbance from hence And now you may see the miserable Condition the King's Minions and Favourites had brought upon the King and all his Kingdoms Yet it is observable how great the Loyalty of the Nobility and Gentry was to the King that from so low Beginnings in all Appearance they would have subdued the Parliament-party if the Scots next Year had not come to their Assistance whereas in the Reigns of Edward the 2d and Richard the 2d though the Grievances of the Nation were more in one Year of this King's Reign than in both their Reigns yet both were expelled and lost their Lives their Subjects not drawing a Sword in their Defence An Apology BEfore we enter upon the War between the King and Parliament it will not be amiss to enquire into the Causes of it and who first began it and whether the King or Parliament or both designed it And I am the rather induced hereto because I am told that I have unjustly charged the Parliament with beginning the War and that the contrary appears by a Treatise written by Tho. May Esq of the Causes and Beginning of the Civil Wars in England So that the Question between us is not who first designed the War but who began it But because Designations and Intentions precede Action I will begin so far as appears to me Whether the King or Parliament first designed this War or whether it were not intended by both And give me leave to shew a little of Mr. May's Partiality in the Business I say Mr. May is partial where page 13 he says after the Pacification made with the Scots 1639 that when the King came to London his Heart was again estranged from the Scots and Thoughts of Peace he commanded by Proclamation that Paper which the Scots avowed to contain the true Conditions of the Pacification to be disavowed and burnt by the Hands of the common Hangman So that he makes the Scots Parties and Judges in their own Case without mentioning the Articles of the Pacification or what the Scots avowed to contain the true Conditions of it We will therefore set forth the Articles of the Pacification and let another Judg whether the Scots observed them or had any Thoughts of Peace The Articles were 1. The Forces of Scotland to be disbanded within 24 Hours after the Agreement 2. The King's Castles Ammunition c. to be delivered up 3. His Ships to depart after the Delivery of the Castles 4. All Persons Ships and Goods detained by the King to be restored 5. No Meetings Treaties or Consultations to be by the Scots but such as shall be warranted by Act of Parliament 6. All Fortifications to desist and be remitted to the King's Pleasure 7. To restore to every Man their Liberties Lands Houses Goods and Means The Articles were signed by the Scots Commissioners and a present Performance of them on their Parts promised and expected The King justly performed the Articles on his part but the Scots kept part of their Forces in being and all their Officers in pay and the Covenanters kept up their Fortification at Leith and their Meetings and Councils and inforce Subscriptions to the late Assembly at Glasgow contrary to the King's Declaration they brand those who had taken Arms for the King as Incendiaries and Traitors and null all the Acts of the College of Justice as you may read in Mr. Whitlock's Memoirs f. 29. So that tho the King performed all the Articles of Pacification on his Part the Scots performed not one on their Part. Nor did the Scots stay here but published a Paper very seditious against the Treaty which is that which Mr. May speaks of I do not find the Copy of it but even Mr. Whitlock no great Friend to the King's Cause calls it so Nor did the Scots stay here but levied Taxes at ten Marks per Cent. and made Provision for Arms as you may read in Sir Baker's History f. 408. and more at large in the second part of Rushworth's Collections and all this before the King commanded the Scots Paper to be burnt by the Hand of the Common Hangman And therefore the King justly commanded the Scots Paper to be burnt by the Hand of the common Hangman And Mr. May says The honest People of both Nations began to fear another War But why does Mr. May say the honest People began to fear another War Was it honest in the Scots to break all the Articles of the Pacification to keep their Forces in a Body and their Officers in Pay contrary to the Pacification to raise Taxes and make Provision of Arms and after all these honest Men to begin to fear another War Mr. May goes on and says The King in December told the Council he intended to call a Parliament in England in April following But rational Men did not like it that it was deferred so long and that the Preparations for a War in Scotland went on in the mean time The last part is gratis dictum by Mr. May nor does he mention any Preparation for a War in any one particular nor do I find this said by any other But admit the King had made Preparation for a War with Scotland yet by all Laws of God and Man the King might justly have done it after the Scots had broken all the Articles of Pacification kept an Army on foot against it levied Taxes by their own Authority and made Provision of Arms without the King's Authority which besides the Perfidiousness of the Scots is Treason in the highest degree And I would be glad to be informed by what other means the King could vindicate his Honour or relieve his oppressed Subjects otherwise than by a War Mr. May goes on and says They these rational Men were likewise troubled that the Earl of Strafford Deputy of Ireland a Man of deep Policy but suspected Honesty one whom the King then used as a bosom Counsellor was first to go into Ireland and call a Parliament in that Kingdom And what then Why might not the King call a Parliament in Ireland as well as in England or Scotland And if these rational Men did not like it as he says that a Parliament should be deferred so long in England why should these rational Men be so troubled that the King
should call a Parliament in Ireland Nor does Mr. May give any Reason why they should be so troubled Besides Mr. May says The King at that time had broken up the Parliament in Scotland which the Scots complained of the Business of State depending as a great Breach of their Liberties and against the Laws of that Kingdom So here again Mr. May makes the Scots Parties and Judges in their own Cause and is not ingenuous in thus charging the King at random and not shewing what Business of State was then depending It 's fit therefore to shew what Business of State was then depending before Mr. May's rational Men should be so troubled at the King 's breaking up the Parliament The Scots having as before said violated all the Articles of Pacification on their part and persecuted the Loyal Scots expresly contrary to the Pacification as Incendiaries and Traitors levied Taxes provided Ammunition of War and kept an Army on foot The Parliament over and above these formed these Demands to be made to the King 1. That Coin be not medled with but by Advice in Parliament 2. That no Stranger be to command or inhabit in any Castles of the King 's but by their Advice 3. That no Honour be granted to any Stranger but such as have a competency of Land-Rent in Scotland 4. No Commissioner or Lieutenancy but for a limited time And next they protest against the Precedency of the Lord Treasurer and Lord Privy Seal as not warranted by any positive Law See Baker 408. These were the Businesses of State which Mr. May speaks of which added to what the Scots usurped before I would know what Regality would be left for the King and a Reason why Mr. May's rational Men should be so troubled for the King 's dissolving the Parliament Mr. May drives on and says Upon which they sent some Lords into England to intreat the King for a Redress of such Injuries as they had received since the Pacification which were that the Parliament was broken up before any Business done If they made it their Business to divest the King as they did of his Rightful Regalities the King had reason therefore to break them up That Edinburgh Castle was garison'd with far more Soldiers than was needful So here the Scots are Parties and Judges in their own Cause and you need not doubt but that so many Soldiers as shall be able to defend the Castle shall be judged by the Scots to be more than is needful That Dunbritton Castle was garison'd by English Soldiers And why might not the King do it for the English as well as Scots were his Subjects But I dare say if these had been the honest rational English-men May speaks of neither he nor the Scots would ever have complain'd of it That the Scots which traded to England and Ireland sure they mean Pedlars prohibited by Law were enforced to take new Oaths contrary to their Covenant and altogether contrary to the Articles of Pacification Whereas their Covenant is a new Oath contrary to their Allegiance And if there were any such new Oaths why do neither the Scots nor Mr. May name them or if any such were imposed that was so far from being altogether contrary to the Articles of Pacification that I say they were not contrary to any one Article of the Pacification unless the Scots or Mr. May could make new Articles of Pacification and other than those before mentioned The King Mr. May says imprisoned those Lords sending one of them the Earl of Lowden to the Tower and commanded a Charge of High Treason to be drawn against him concerning a Letter which the Scotish Covenanters had written to the King of France French King had been as well for his Assistance and Lowden had subscribed it But the Accusation was frivolous easily answered and came to nothing because these Letters were not sent at all and besides it was before the Pacification upon which an Oblivion of all things were agreed So here are two impertinent and frivolous Answers to excuse a most treasonable and rebellious Conspiracy to bring in a foreign Power into Scotland for it was subscribed by Rothes Montross Lesley Marre Montgomery Lowden and Forrester under the Title of Au Roy or our King to Lewis 13. The first is That those Letters were not sent at all because they were intercepted by the Earl of Traquair the King's Commissioner in Scotland If Mr. May had not been a Christian yet the very Heathen by the Light of Humane Nature could have informed him that Scelus intra se tacitum qui cogitat ullum Facti Crimen habet And if Conspiracies of Rebellion and Treason against Princes shall be esteemed frivolous unless they evade into Actions Princes and States too would be in a very unsecure state and all Counsel and Endeavours to prevent them would be vain and frivolous and I say here was a double Overt-Act in this Conspiracy one the Conspirators Meeting the other the Subscribing the Paper The other Answer That the Pacification was after the Subscription and so there was an Oblivion upon it But the Pacification was reciprocal between the King and Scots and if the Scots first broke the Pacification as they did let them take all that followed and therefore the King had no Reason to perform his Part nor the Scots to complain if the King had hanged and quartered Lowden The War Mr. May says p. 16. went on the Earl of Strafford commanding in Chief the Earl of Northumberland not being in Health who was appointed General But if Mr. May had been ingenuous and impartial he should have told on which Side the War began which he does not but only says the Scots had not been backward for having been debarred of their Trade and lost their Ships by Seizure they entred England with an Army expressing their Intentions in writing to the English and bringing with them a Petition to the King Admit all this to be true the Scots should first have represented this to the King and what was their Loss by being debarred of their Trade and the Value of their Ships so seized and upon Denial to have granted Letters of Reprizal till they had recovered Satisfaction but of this Mr. May says not one Word nor do I find or believe the Scots ever did demand Satisfaction before they entred England in open Hostility and in Defiance of the King and English Nation and for the Manner of bringing their Petition to the King it was without Precedent or such as never was done by any other People for they entred England and maintained their Army by Plunder and Rapine upon the English and when Lesley came to Newborn upon Tine he craves leave of my Lord Conway ordered by the King to guard the Pass there to pass with his Petition to the King which my Lord Conway granted with a considerable Number but not with his Army Hereupon Lesley who had the Night before planted nine Pieces of Cannon on
Northumberland side by force of them passed the Tine and killed and took 300 English Prisoners and after took New-Castle and seized four great Ships of the English laden with Corn and imposed a Tax of 350 l. a day upon the Bishoprick of Durham and 300 l. a day upon the County of Northumberland upon pain of Plundering and the Scots committed many Injuries and Insolencies upon the English where the Scots quartered as you may read in Mr. Whitlock's Memoirs fol. 34 35. Thus was the state of things altered Mr. May says pag. 34. it should be pag. 18. And that War which was intended for an Enslavement of both the Nations truly said but untruly intended became the Bond of Concord between them God defend the Nation for time to come of such Concord or such Causes of it The Parliament Mr. May says began with Matters of Religion divers Ministers who had been of good Lives and Conversations conscientious in their ways and diligent in their Preaching and had by the Bishops and those in Authority been motested and imprisoned for not conforming to some Ceremonies which were imposed on them were now by the Parliament relieved and recompensed for their Suffering and others who had been scandalous either for loose wicked living or else Offenders in way of Superstition both which to discountenance the Puritans had been frequently preferred were censured and removed Here Mr. May is right but yet partial in that he does not tell how that the Orthodox Clergy as the Bishops of Lincoln Williams Dr. Hall of Norwich Dr. Prideaux of Worcester Dr. Brownrig of Exeter Dr. Morton of Durham c. and all the Orthodox Anti-Arminian Heads of both Universities and also Dr. Saunderson Dr. Featly and many others underwent the same Fate with those Ministers which Mr. May speaks of Pag. 38. which should have been 24. Mr. May says That the Parliament ordered that the Scots should be recompensed for all their Charges and Loss by that mischievous War which the King had raised against them Here Mr. May is not only partial and unsincere but the contrary hereof is true for the Scots in the former War took up Arms and seized the Regalia at Sterlin took Towns in Scotland and other ways committed Acts of Hostility before the King raised Arms to suppress them as is before and so they did in this latter raise Arms in Scotland before they invaded England before the King raised any Army See Whitlock's Mem. fol. 276. Where Mr. May had this unless framed by himself I cannot tell but Sir Richard Baker recites the Demand at large and the Commons Answer to them And this Mr. May speaks of is the sixth Demand Wherein they desire from the Justice and Kindness of the Kingdom of England Reparations concerning the Losses which the Kingdom of Scotland hath sustained and the vast Charges they have been put unto by occasion of the late Troubles To which the Commons answer That the House thinks fit that a Friendly Assistance and Relief shall be given towards the Supply of the Loss of the Scots and that the Parliament did declare that they did conceive that the Sum of 300000 l. is a fit Proportion for their Friendly Assistance and Relief formerly thought fit to be given towards the Supply of the Loss and Necessities of their Brethren of Scotland and that the Houses would in due time take into Consideration the Manner how and when the same shall be raised Now let any Man shew out of Mr. May where that mischievous War which the King had raised against them is to be found If Mr. May had been a faithful Historian he should have made Truth and not the Distempers of a distracted Time nor the Clamours of his prejudic'd Brain to have been the Measures of his Story He should have set forth how like Pedlars they treated the English in their Particulars in their 8th Demand of 514128 l. 9 s. besides the Loss of their Nation to 440000 l. Yet they did not give in that Account with an Intent to demand a total Reparation of all their Charges and Losses but were content good Men in some measure to bear a Remnant Mr. May should have set forth how perfidiously the Scots dealt with the English Nation when in their Remonstrance at their first coming in they professed that they would take nothing of the English but for Money or Security whereas they plundered and taxed Northumberland New-Castle and the Bishoprick of Durham so that those Places could not recover their Losses in 20 Years as Sir Benjamin Rudyard in open Parliament charged them and that the English formerly established the Scots Reformation at their own bare Charges whereas the Scots presumed to require a greater Sum than was ever given the King Which you may read more at large in Sir Rich. Baker fol. 417. These are the Parliament's Brethren for whose Brotherly Assistance they voted 300000 l. towards a Supply of the Losses and Necessities note that of our Brethren of Scotland and that the Parliament would in due time take into Consideration the Manner of raising and Days of Payment and in the mean time leave New-Castle Northumberland and Durham a Prey to these devouring Scots But lame-footed Vengeance shall overtake this Fraternity and that by no visible Power at present but what shall arise from among themselves I could add many more Particulars of Mr. May's Partiality and Insincerity but this already said is sufficient And now it 's time to enquire whether the King or Parliament or both designed the ensuing War and who first designed it tho the Distemper of the Times was so distracted and variable that it 's hard to judg of Intentions by Actions The Royalists excuse the King from any Intention of a Civil War in England in that he protected no Man from the Justice of the Parliament and that he had put away all those which the Parliament called Evil Counsellors both in Church and State having made Mr. St. John his Attorney and Mr. Holborn his Solicitor both which were his Antagonists in imposing Ship-Money and upon his going into Scotland made the Earl of Essex Chamberlain and General of his Forces on this side Trent and in the Church reversed all the Proceedings in the Star-Chamber against the Bishop of Lincoln and preferred Dr. Hall from Exeter to the Bishoprick of Norwich and made Dr. Brownrig Bishop of Exeter and Dr. Prideaux Bishop of Worcester who were the most Learned of the Church of England and most opposite to the Arminian Tenets and of most exemplary Life and Piety and before his going into Scotland passed all Bills presented to him by the Houses even that of not dissolving the Parliament without their Consent which he would never have done if he had had any Intention of raising a War against them or a Civil War in England Mr. May p. 43. it should be p. 25. tells us of a twofold Treason against the Parliament if you 'll take his word and that the
King was knowing of both one was to have delivered the Earl of Strafford out of the Tower but Sir William Balfour the Lieutenant would not consent to it Here note The King made Balfour a Scot Lieutenant of the Tower one of the greatest Places of Trust in England without any Complaint of the Parliament whenas the Parliament of Scotland in their second Demand made to the King would have no Stranger to command or inhabit in any Castles of the King 's without their Consent The other part of this Treason chief of all the rest But why all when but two Mr. May says was a Design to bring up the English Army which was in the North and not yet disbanded this Army they had dealt with to engage against the Parliament's sitting and as they alledg to maintain the King's Prerogative Episcopacy and other things against the Parliament it self This Charge is so false as well as partial as no Man who had any regard to Truth Honesty or Fairness would have so expos'd himself for if the King's Prerogative be not maintain'd he can neither govern his Subjects nor protect them from Foreign Enemies and Episcopacy is one of the Constitutions of the Nation and how the maintaining these can be against the Parliament had need of a wiser Head than Mr. May's to shew But these two are not all Mr. May says but there were other things against the Parliament if there had been other things I do not think Mr. May would in Modesty have conceal'd them but since Mr. May has not given the Causes of this chief Treason I will do it and not follow Sir Richard Baker nor Franklin lest they should be deemed to be partial to the King's Cause but Mr. Whitlock whom no Man believes to be so who fol. 44. b. says June 19th It was voted that the Scots should receive 100000 l. of the 300000 l. the Scots by a Paper pretended Necessity for 125000 l. in present the Parliament took off 10000 l. of 50000 l. which they had appointed for the English Army and order'd it for the Scots The Lord Piercy Commissary Wilmot and Ashburnham Members of Parliament sitting together and murmuring at it Wilmoâ stept up and said That if such Papers of the Scots could procure Monies he doubted not but the Officers of the English Army would soon do the like and this caused the English Army to say The Parliament had disobliged them The Officers put themselves into a Juncto of sworn Secrecy and drew up some Heads by way of Petition to the King and Parliament for Money for the Army and not to disband before the Scots to preserve the Bishops Votes and Functions and to settle the King's Revenue The Army tainted from hence met and drew up a Letter or Petition which was shewed to the King approv'd and signed by him with C. R. and a Direction to Captain Leg that none should see it but Sir Jacob Ashley it should have been Astly the main drift was That the Army might be call'd up to attend the Safety of the King's Person and Parliament's Security or that both Armies might be disbanded Where is this chief Treason lodg'd unless in Mr. May's Brain Or where is the King's Prerogative mention'd But as the Times then went Mr. May took liberty to say what he list to humour them the Scots must be obey'd in whatsoever they demand and it must be chief Treason in the English to petition Mr. May p. 32 33. will have the King 's going into Scotland to be a Design to raise War against the Parliament of England and to that end tells a Story of a Scots Writer that published that it was to engage the Scots against the Parliament of England with large Promises of Spoil and offering Jewels of great Value for Performance of it but he names not the Scot and leaves it uncertain for the Reader to judg by what fell out afterward But if he the King did it was a matter of great Falshood Mr. May says having as yet declar'd no Enmity against the English Parliament From the same Author he says it was to make sure of those Noblemen of that Kingdom he doubted of as not willing to serve his turn against England and true it is that about September Letters came to the standing Committee at Westminster that a Treasonable Plot was discovered there against the greatest Peers of the Kingdom but says not which Kingdom upon which the standing Committee fearing some Mischief from the same Spring placed strong Guards in divers Places of the City of London But in all this the Fox is the Finder and Mr. May as partial and false as in all he said before The truth was Jealousies and Fears were fomented by the Parliamentarians and even by the Members themselves against the King and Royalists But Mr. Whitlock tho of like Affection with Mr. May yet a much more impartial Representer of the Actions of those Times fol. 49. a. represents it thus The Marquesses of Hamilton and Argyle withdrew from the Parliament in Scotland upon Jealousy of some Design against their Persons but upon Examination of that matter by the Parliament there it was found to be a Misinformation yet the same took fire in our Parliament upon the Surmises of some whereupon the Parliament here appointed Guards for London and Westminster and some spake ãâã without Reflection upon the King The Royalists charge the Parliament at least the Commons with a Design to raise War against the King and to make him odious to the People after he had granted all the Parliament desired of him and given up those whom they call'd evil Counsellors to their Justice for their Remonstrance of the State of the Kingdom after the King's return out of Scotland which because of the Extraordinariness of it we will recite it verbatim as is said by Mr. Whitlock f. 49. b. The House of Commons prepared a Remonstrance of the State of the Kingdom wherein they mentioned All the Mistakes Misfortunes Illegalities and Defaults in Government since the King 's coming to the Crown the evil Counsels and Counsellors and a malignant Party that they have no hopes of settling the Distractions of this Kingdom for want of a Concurrence with the Lords This Remonstrance was somewhat roughly penn'd both for the Matter and Expressions in it and met with great Opposition in the House insomuch as the Debate of it lasted from three a Clock in the Afternoon till ten next Morning and the sitting up all Night caused many of the Members through Weakness or Weariness to leave the House and Sir B. R. I think he means Sir Benj. Rudyard to compare it to the Verdict of a starv'd Jury When the Vote was carried tho not by many to pass the Remonstrance Mr. Palmer and two or three more made their Protestation against this Remonstrance for which they were sent to the Tower This Remonstrance was presently printed and published by the Parliament contrary to the King's Desire
Kingdoms of England Scotland and Ireland and Destruction upon the King when is was not in the Power of those which first raised the War against him to save his Life which they would have done I am told that the last Part of this Paragraph is an unjust Charge upon the Parliament in that they acted defensively in this War and that the King first raised Arms and this by the Authority of Mr. May. If I be mistaken I have the Authority of him who could best know I mean the King at his Death who declared That he never did begin the War with the two Houses of Parliament as all the World knows that they began with him it was the Militia they began upon they confest that to be his but they thought fit to have it from him and to be short if any body will look into the Dates of those Commissions theirs and his and likewise to the Declarations they will see clearly that they began these unhappy Troubles not he See Whit. Mem. f. 369. a. and all the Writers of those times If this be not Authority sufficient to shew the Parliament began the War the first Scuffle between the King and Parliament was about the Business of Hull where the Parliament had committed the Charge of the Town and Magazine to Sir John Hotham one of the Members of the Commons who was sent down thither to remove the Magazine to London but the Country of York petitioned it might still remain at Hull for securing the Northern Parts especially the King residing there Hereupon the King taking a Guard of his Servants and some Neighbouring Gentry upon the 23d of April went to Hull but contrary to Expectation found the Gates shut and the Bridges drawn up by Sir John and his Entrance denied though but with 20 Horse which so moved the King that he proclaimed Hotham a Traitor and sends to the Parliament for Justice against him To this the Parliament return no Answer but justify Sir John Hotham and order that the Sheriffs and Justices of the Peace do suppress all Forces which shall be raised or gathered together against Hull or to disturb the Peace nor did they stay here but put the Power of the Militia in Persons nominated by them excluding the King in ordering any thing together with them and authorized Hotham by his Warrants to raise the trained Bands in Yorkshire to march with their Arms into Hull where he disarmed them and turned them home again See Whit. Mem. f. 55 56. So I submit this to Judgment whether this was not raising Arms against the King being done by Subjects and contrary to the King's Command and if the King did encrease his Guards yet this was subsequent to the excluding the King from having Power in the Militia and Hotham's Raising Arms and Disarming the Trained Bands of Yorkshire Mr. May says p. 55. the Parliament being then intent upon settling the Militia by Land took care also to seize the Navy into their Hands and ordered the Earl of Warwick to be Admiral to put this in Execution but the King had chosen Sir John Pennington to that place instead of the Earl of Northumberland and sent a Command to the Earl of Warwick to resign the Place to him Pennington But the Earl chose rather to obey the Ordinance of Parliament and with great Courage and Policy got the Fleet into his Hands tho many of the Captains stood out against him but the Earl deprived them of their Commands and possest himself of the Ships taking shortly after another Ship called the Lyon of great Import coming out of Holland and laden with Gun-power which proved a great Addition to his Strength So here was a double Beginning of the War by the Parliament both in seizing the Fleet and taking the Lyon and this before the King committed any Act of Hostility And for the carrying on this War which Mr. May calls the Cause the Parliament upon the 10th of June made an Order for bringing in Money and Plate to raise Arms for the Cause and the Publick Faith for Repayment to them which brought it in So here the Parliament raised Money as well as Forces for carrying on the War before the King levied any And so I leave it to Judgment who first began the War Objection The Parliament raised Arms for their own Defence and Security of the Nation Answer This is said but of no kin to Truth or Reason for Men defend what they are possest of and the King was possest of the Militia and Fleet when the Parliament ravish'd both from him nor did the King use either against the Parliament when they invaded them Besides the King at least as he declared endeavoured to defend the established Religion and Laws of the Land whereas the Parliament contended to abolish the Established Religion and to exalt themselves above the Laws of the Land Objection 2. That the King had so often violated the Laws and Constitutions of the Nation and governed so Arbitrarily that the Parliament could have no Security for the future to prevent his so doing again so long as the King was possest of the Militia Answer The Case was not the same then when the King resolved to have no more Parliaments as now when the King had made this Parliament perpetual and had passed the Triennial Bill for Parliaments to meet whether he would or no And tho Favourites and Flatterers instill'd those things into the King when they were without any Fear or Apprehension of being questioned by a Parliament yet now the Parliament had so severely prosecuted and punished such Men and being perpetual or at least to meet Three Years after every Dissolution none would presume to advise the King in things derogatory to his Honour and the Interest of the Nation And now we proceed to the ensuing War The Parliament before the King set up his Standard at Nottingham Aug. 22 Voted That an Army should be raised for the Defence of the King and Parliament that the Earl of Essex should be Captain General of the Army and the Earl of Bedford General of the Horse The War began first between the Marquess of Hartford for the King in the West and the Earl of Bedford for the Parliament the Earl being worsted by the Marquess at Sherborn-Castle Goring got into Portsmouth and held it for the King but could not hold it long for the Country joining with Sir John Meyrick forced him to surrender who thereupon went into Holland and my Lord Say St. Johns and Weemen with Colonel Whitlock enter Oxford and keep it for the Parliament But the Face of Affairs soon changed for the King having made the Earl of Lindsey his General and the Parliament the Earl of Essex upon the 23d of October the Armies met and fought at Edghil with uncertain Victory which both sides claimed the Earl of Lindsey was mortally wounded and taken Prisoner the Right Wing of the King's Horse commanded by Prince Rupert brake the Left
Wing of Horse of the Parliament's which Prince Rupert pursued too far tho with great Slaughter but the King 's left Wing of Horse was broken by Sir William Balfour Sir Philip Stapleton and the Lord Fielding However the Victory was uncertain the Success was not so for the King took Banbury Town and Castle and Oxford and Prince Rupert took my Lord Say's House at Brought and made Excursions near London whereupon the Parliament recalled Essex to defend themselves And it was time for the King was marching towards London having taken Reading and Henley and at Brentford both Armies fought Essex being assisted by the Trained Bands and Apprentices of London and the King was forced to retreat and if Essex had followed in all Appearance the King would have lost his Army not having Bullet enough to have maintained one quarter of an Hour's Fight and towards the latter end of the Year Prince Rupert storms Cirencester and puts many of my Lord Stamford's Regiment to the Sword and took 1100 Prisoners which were used with great Barbarity and Colonel Nathaniel Fines in the West was routed by Prince Rupert and in the North Sir John Hotham was beaten by the Forces commanded by the Earl of Cumberland Sir Fran. Worsley Sir Marm. Langdale and Sir Thomas Glenham This Year there was a Treaty of Peace at Oxford the Parliament's Propositions were That the King should disband his Army return to the Parliament leave Delinquents to Trial and Papists to be disbanded That a Bill be brought in for abolishing Episcopacy c. and such other Bills as should be presented for Reformation Recusants to abjure Papacy to remove malignant Counsellors to settle the Militia as the Parliament desired to prefer to Offices such as the Parliament should name and to take in all that were put out of Commissions of the Peace A Bill to vindicate the Lord Kimbolton and five Members to enter into Alliances for the Palatinate and to grant a general Pardon excepting to the Earl of New-Castle Digby and others To restore Parliament-Members to their Offices and to restore their Losses The King proposed That his Revenue Magazines Ships and Forts be restored That what had been done contrary to Law and the King 's Right may be recalled That all illegal Power claimed or acted by Order of Parliament be disclaimed And as the King will consent to the Execution of all Laws concerning Popery and Reformation so he desires a Bill for preserving the Common-Prayer against Sectaries that all Persons excepted against by this Treaty may be tried per Pares with a Cessation of Arms and a free Trade This Treaty began March 4. 1642 and broke off April 15. following viz. 1643. But this is observable in this fickle King that four Days before the Treaty broke off the King said he was fully satisfied and promised to give the Parliament-Commissioners his Answer in Writing according to their Desires but because it was past Midnight he would have it drawn up in Writing and give it them in the Morning but instead thereof the King gave them a Paper quite contrary to what was concluded the Night before Whitlock's Mem. fol. 65. a. The Treaty of Peace thus broke off both sides proceed in War The Queen this Year about the beginning of May landed at Scarborough in Yorkshire from Holland having avoided a Squadron of Men of War designed by the Parliament to intercept her and brought abundance of Arms and about 3000 Soldiers and was proclaimed Traitor by the Parliament and after joined with the King and his Army at Edg-Hill in Warwickshire And if the Parliament prospered so ill last Year they succeeded worse this for the Earl of Northampton enters Litchfield and drives the Parliament's Forces into the Close and after that defeats Sir John Gell and Sir W. Brereton but the Earl was slain at the Head of his Forces and the Earl of New-Castle in the North overthrew the Parliament's Forces commanded by Sir Thomas Fairfax at Bradforth and Sir William Waller is defeated in the West Prince Rupert takes Bristol and Prince Maurice Exeter Biddiford Barnstable Appleford and Dartmouth The great Hambden is routed and mortally wounded at Chalgrave Field by Prince Rupert And now the King had two conquering Armies in the North and West and the Parliament none considerable to oppose either so that if either the King or the Marquess of New-Castle had marched to London in all Appearance either Army would have found little Opposition but instead hereof the King sits down and besieges Glocester and the Marquess of New-Castle comes before Hull This gave the Parliament an Opportunity to recruit Essex's Army and to enter into a Treaty to procure the Scots to bring an Army into England again for to assist the Parliament In this Treaty a double Consideration is remarkable first The Instability of humane Actions which are founded in Passion and Prejudice for there was but one Year between this Treaty and the National Protestation by the Parliament to Maintain the true Protestant Religion expressed in the Doctrine of the Church of England which Passage Mr. Whitlock in his Memoirs fol. 43. has left out and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Privileges of Parliament and Liberties of the Subjects and to preserve the Union between the Kingdoms of England Scotland and Ireland and this to be taken by all English-men but now the Scots would not stir one Step unless the Parliament of England would join with them in their Covenant which ill agreed with their Protestation which the Parliament submitted to The other was a Discovery of a Spark which soon after broke out into such a Flame as consumed the Covenant Presbytery the Parliament King and Church and State of England for tho during the Prosperity of the King's Affairs this Fire was covered yet when young Sir Henry Vane who was one of the Parliament's Commissioners and one who loved the Presbyterian Government no better than the Episcopal saw that the Parliament would submit to the Scotish Covenant and Discipline he stifly opposed it singly and at last carry'd it that the Nations should join in a Solemn League and the Scots would have Church-Government to be according to the Example of the best Reformed Churches but Sir Henry Vane insisted to have it according to the Word of God only and carried both points Afterwards one of Sir Henry's Fellows expostulated with him why he should put them to so much Trouble about such needless Trifles Sir Henry answer'd He was mistaken and did not see far enough into the matter for a League shewed it was between two Nations and might be broken upon just Reasons but not a Covenant and that Church-Government according to the Word of God by the Difference of Divines and Expositors would be long enough before it were determined for the learnedst held it clearly for Episcopacy so that when all agreed we may take in the Scots Presbytery
Successes Sir Marmaduke Langdale about the Beginning of March routed a great Body of the Parliamentarians in Yorkshire and defeated the Army commanded by my Lord Fairfax which besieg'd Pomfret-Castle and from thence marched into Leicestershire and defeated a great Body of the Parliament's Forces commanded by Colonel Rossiter Anno Reg. 21. Dom. 1645. We begin this Year with the Self-denying Ordinance tho Mr. Whitlock and Sir Richard Baker differ a little in point of time Sir Richard Baker says it was this Year Mr. Whitlock 1644. But the Lords refused to concur with the Commons herein so as this Ordinance began with a Rupture between the two Houses so you 'll see it shall be the Ruin of the Parliament's as well as the King's Designs Mr. Whitlock made a fine and learned Speech against this Ordinance which you may read at large fol. 114 115. of his Memoirs The pretended Reason for this Ordinance was the Thinness of the House which by Employment in the War would render them much thinner To which Mr. Whitlock answered It might be supplied by filling up the Commons by new Elections He objected against the Ordinance the Examples of the Grecians and Romans who had the greatest Offices both of War and Peace conferred upon their Senators because they having greater Interests than others were more capable to do them the greatest Services and that by passing this Ordinance they would lay aside the General Essex the Earls of Warwick Denbigh and Manchester the Lords Willoughby and Roberts and of their own Members the Lords Grey of Growby and Fairfax Sir William Waller Cromwel Mr. Hollis Sir Philip Stapleton Sir William Brereton and Sir John Meyrick Tho the Commons passed the Self-denying Ordinance yet they dispensed with it in reference to Cromwel Skippon and Ireton and Sir William Waller Hereupon the Earls of Essex Denbigh and Manchester lay down their Commissions Here it 's observable That the Earl of Essex as he was the first which headed an Army against the King and whose Authority was so great that 't was believed if he had not done it the Parliament could not have rais'd an Army is now the first discarded by the Commons without giving any Reason In this new Establishment of the English Army Sir Thomas Fairfax was made General Cromwel Lieutenant-General and Skippon Major-General The Royalists conceived Mountains of Advantages to follow and that not improbably from the Divisions in the Parliament's Army which succeeded quite contrary For upon the 3d of April Fairfax having gathered his Army together at Windsor sent Cromwel with a Brigade of Horse and Dragoons to intercept a Convoy of Horse which Prince Rupert had sent from Worcester to fetch off the King from Oxford with a Train of Artillery to take the Field which Cromwel met at Islip and routed them took divers Prisoners and 200 Horse and from thence Cromwel march'd and took Bletchingdon-House commanded by Colonel Windebank Sir Francis's own Son by Surrender upon the first Summons for which Windebank was sentenced by a Court-Martial and shot to Death But Cromwel had not so good Success at Faringdon which he assaulted and was beaten off with the loss of 200 of his Men. The King understanding that Fairfax had a Design to besiege Oxford sent to Prince Rupert and General Goring to fetch him off which they did about the beginning of May and the King marched towards the Relief of Chester then besieged by the Parliament's Forces and Fairfax lays close Siege to Oxford The King relieved Chester and in his Return takes Leicester by Storm This put Fairfax to his Trumps so that if he continued the Siege of Oxford he would leave all the mid-land parts of England to the Mercy of the King So he raises his Siege and marches to fight the King's Army My Lord Astley was Lieutenant-General of the King's Foot whose Nephew was Sir Isaac Astley my Lord's eldest Brother's eldest Son who married a Cousin-German of mine and after the War was over my Lord Astley being at his Nephew 's in Discourse of the Wars my Lord told him That upon the Approach of the Parliament's Army the King called a Council of War where by the Advice of my Lord Astley it was resolved to march Northwards and destroy the Country Provisions and leave the Parliament's Army at their Election whether they would follow the King or besiege Leicester But next Morning quite contrary to the Order of Council Orders were given to prepare to fight the Parliament's Army when there was little time to draw up the Army so inconstant and irresolute was the King in this as of almost all his other Actions and so forward was the King herein that he marched to meet Fairfax's Army near Naseby in Northamptonshire This was upon Saturday June the 14th And if the Resolution to fight was inconsiderate and rash so was the Fight for Prince Rupert who commanded the right Wing of the King's Horse charged the left Wing of the Parliament's commanded by Ireton and routed them and wounded Ireton in the Thigh and as before at Edg-hill and Marston-Moor he pursued the Enemy so far that he left the rest of the Army exposed to the Assaults of the Enemy so here he followed the Chase almost to Naseby leaving the left Wing of the King's Army commanded by Sir Marmaduke Langdale open to be charged by Cromwel That which compleated the Parliament's Victory and the King 's utter Overthrow in this Fight was the not observing the Orders the Day before of the King's Retreat for Yorkshire being opprest by the Parliament's Forces Sir Marmaduke had Expectation of relieving the King's Party there which being cross'd by the Resolution of this Day 's Fight his Brigade as well as himself grew discontented so as he no ways answered the Gallant Actions which before he had atchieved And Cromwel having forced Sir Marmaduke to retreat joining with Fairfax charged the King's Foot who had beaten the Parliament's and got Possession of their Ordnance and thought themselves certain of the Victory but being in Confusion and out of Order and having no Horse to support them were easily over-born by Fairfax and Cromwel and so Fairfax's Army obtain'd a most absolute Victory over the King 's We hear no more of Prince Rupert in this Fight who 't was believed was the first Mover of it till of his Arrival at Bristol In this Fight the Earl of Lindsey the Lord Astley and Colonel Russel were wounded and 20 Colonels Knights and Officers of Note and 600 common Soldiers were slain on the King's side and 6 Colonels and Lieutenant-Colonels 18 Majors 70 Captains 80 Lieutenants 200 Ensigns and other Officers and 4500 common Soldiers were taken Prisoners 12 Pieces of Cannon 8000 Arms 40 Barrels of Powder 200 Carriages with all their Bag and Baggage with store of rich Pillage 3000 Horse one of the King's Coaches with his Cabinets of Letters and Papers And the King fled towards Wales If the King were unfortunate in the
ratifie and perform the same of that which shall be granted by you and under our Hand and Seal the Confederate Catholicks having by their Supplies testified their Zeal to Our Service And this shall be in each Particular to you a sufficient Warrant Given at Our Courtat Oxford the Twentieth Day of May 20 Car. Glamorgan had brought his Business to some Issue when State-Reasons enforced Ormond and Digby and the Council to imprison him but this gave Distaste to the Irish who thereupon suspected double Dealings and so neither sent over the promised 10000 Men nor any Aid to Westchester tho Glamorgan was quickly released upon the Bail of six or eight Irish Peers The Parliament hereupon was so incensed that they refused either to treat with the King or to admit him to come to London see Baker f. 473. or this Business to end here but rendred all the King 's subsequent Treaties with the Parliament suspected and the end of attaining the King's Propositions more difficult And here you may see how this King would prostitute his Honour and Christianity contrary to what he so often professed not only to the Parliament but also to the Duke of Ormond his own Party Now things every where go to wreck on the King's side Dartmouth was surrendred to Fairfax by Sir Hugh Pollard the Governor Sir William Vaughan with such Forces as he could get together marching to relieve Chester was utterly routed by the Parliament's Forces and Chester surrendred to Sir Will. Brereton Belvoir Castle in Leicestershire the Seat of the Earls of Rutland was surrendred to General Pointz by Sir Gervais Lucas the Governour my Lord Hopton is beaten by Fairfax in Devonshire whereupon Hopton accepted of Terms from Fairfax and disbanded his Army and went into France After which all the Garisons in Cornwal surrendred to Fairfax except Pendennis Castle and St. Michael's Mount Latham-House which the Countess of Derby bravely defended two Years against the Parliament was surrendred in December and Basing-House was taken by Storm And that which compleated the Ruin of all the King's Affairs in England was the Surprize and Defeat of my Lord Astley at Donnington near Stow on the Wold where he was taken Prisoner the 21st of March and when he was a Prisoner he told some of the Parliament Officers You have done your Work and may go play unless you fall out among you selves Anno Reg. 22. An. Dom. 1646. In this desperate State of the King's Affairs in England the King's Expectations in Scotland were much fallen too For after the Defeat of my Lord Digby and Sir Marmaduke Langdale the Scots had little to do in the North so as General Lesley had leisure to march to Newark with his Foot to join M. G. Pointz who had block'd it up and David Lesley with the Horse to march into Scotland where Montross his Men after he had beaten Gen. Bailey at Philipshaugh being full of Plunder and being a Voluntier Army and not under regular Discipline disbanded in great Numbers and returned home when David Lesley set upon the Remainder and routed them and gave Quarter to the rest whom yet he murdered in cold Blood Here you may see the different Tempers of the English and Scots Nation for you find no such Acts done in England in the Heats of all the War In all the War in Scotland the Marquess of Huntley obstinately refused to join with Montross and after the Defeat of Montross's Foot Montross went in Person to entreat Huntley to join in their common Interest against the Kirk which Huntley not only refused but would not deign to see Montross yet this did Huntley no good for after Montross his Army was disbanded the Kirk-Party cut off his Head so as Montross was forced to retreat into the Highlands and act defensively Exeter upon the 13th of April surrenders to Fairfax which was followed by Barnstable Town and Fort St. Michael's Mount Dunstan Castle Woodstock and other Places of less Note Sir Thomas Glenham having honourably defended York and Carlisle the King thought no other so fit to be Governour of Oxford as he which being block'd up by the Parliament Forces the King thought himself in no Security in it for the Parliament refused to admit him to come to London unless he signed their Propositions Now the French Ambassador in the Scots Quarters advised the King to throw himself into the Scots Power herein you may observe that tho Richlieu were dead yet Mazarine continued the Correspondence between France and Scotland which yet were Pensioners to France This being Hobson's Choice the King only accompanied by one Hudson a Minister and Mr. John Ashburnham throws himself into the Power of the Scots then besieging Newark this was the fifth of May. Thus this poor Prince to avoid his present Condition seeks Protection from those which brought him into it which tho he got nothing by it yet the Scots instead of protecting him shall only make a Bargain and Sale of him for having him in their Power they resolve to make a double Market of him viz. To have him to order Montross to disband his Army and then to retire out of Scotland and then to sell him to the Parliament for so much as they could get that of Montross it was no sooner asked than granted but soon after he was gone the Covenanters seize Huntley and cut off his Head the Parliament too desire the King to give Order for the English Garisons to surrender which he granted so here we end the Wars in England and Scotland between the King and Parliament at present And now you 'll see how the ending of these Wars was the beginning of the Ruin of the Parliament and Scots Covenanters for the Scots having got their Ends by Montross his disbanding his Army yet the Bargain for the Sale of the King being a mighty Matter to the Scots required a longer time and the Scots would not lose one Scotish Pound they could get for him and therefore tho the King put himself into the Power of the Scots the 5th of May 1646 yet the Bargain was not concluded till January following and then the Scots flush of Money return home finding all things in Peace now Montross is gone and the Parliament having bought the King confine him to Holdenby-House a House of the King 's in Northamptonshire under the Guard of a select Company of Covenanters whereof Sir John Cooke Secretary Cooke's Son was one Thus this Prince who before had shifted the worthy Members of Parliament from one Prison to another that they might have no Benefit of their Corpus's and the Constables of Hertfordshire from one Messenger to another is himself shifted from one Place a Prisoner to another without any hope of an Habeas Corpus He that before by his absolute Will and Pleasure would without any Law seize his Subjects Goods and commit them to Prison cannot now enjoy his own Estate in his own House He that before arbitrarily raised Ship-Money
being 12 a Clock at Night it could not then be reduced to Writing but he promised it should next Morning when the King gave them a Paper quite contrary whereupon the Treaty broke off See Whitlock's Memoirs f. 65. a. b. For in the next Treaty at Vxbridg which was in December 1644 the Parliament not only insisted that the King's Nephews Rupert and Maurice though Princes Foreign born and so no Subjects to the King of England but many of the principal Lords and Gentry who assisted the King in this War and who by the 11 Hen. 7. 18. were protected for assisting the King should be excepted out of Pardon by an Act of Indempnity which if they had had no Law to have protected them yet the King could not in Conscience have offered them up a Sacrifice for assisting him But another Difficulty arose in this Treaty which the Parliament would have imposed upon the King contrary to the Laws and Constitutions of the Nation viz. To extirpate Episcopacy and to impose the Scots Covenant and Directory upon the Nation though the Bishops were excluded their Sitting in the House of Lords by an Act in 1641 and none in Orders to exercise any Civil Office So that the Houses not content with what had been already granted but grasping at more they lost all for in the first Parliament Car. 2. they were restored to their Seats in Parliament again Objection But if Episcopacy were Jure Divino as the King was informed by his English Bishops and therefore the King could not in Conscience submit to the abolishing of it then it is Jure Divino in Scotland as well as England and if the King of his own Accord could go out of England to abolish it in Scotland Why should the King against the Advice of both Nations not do the same in England Answer He that shall answer for all the Actions of this Prince shall have a great Task Nor can I give any other Answer to it than that because a Man has done an ill Act it shall be a Precedent to him to do it again But if the King should have consented to abolish Episcopacy in England and set up Presbytery I do not see any Benefit the King could have reaped by it according to the Covenanters Practice and Principles For if the Scots after the King had abolished Episcopacy in Scotland and set up Presbytery there and that the Scots had thereupon promised all Obedience to the King in time to come and declared by Act of Parliament That it was detestable and damnable Treason in the highest Degree for any of the Scots Nation either conjunctly or singly to levy Arms or any Military Forces upon any Pretence whatsoever without the King's Command could raise Arms unprovoked by the King and against his express Command and invade England why should the English Covenanters after the King should have abolished Episcopacy in England be more obliged to perform any Agreement they made with the King in England then the Scots Covenanters were in Scotland When the King desired the Scots Parliament upon the breaking out of the Irish Massacre and Rebellion to assist him against the Irish they refused because Ireland was not subject to Scotland and tho England be not subject to Scotland yet the Scots against the King's Command can assist by Arms the Parliament against him So that if the Covenant could entitle the Scots to be so false perfidious and treacherous to the King after he had abolished Episcopacy in Scotland Why should not this be a Precedent for the English Covenanters to be so in England after the King should abolish Episcopacy in it and establish Presbytery The Overtures for a Treaty at Oxford in November 1644 preceded that at Vxbridg whence upon the King's Desire it was adjourned and Passes reciprocally of safe Conduct were granted to Commissioners on both sides to meet the 29th of January wherein the Commissioners from Scotland were included The Scots Commissioners being included in this Treaty you need not doubt but their principal Care shall be to establish their Solemn League and Covenant and the Presbyterian Government as firm in England as in Scotland and to this end the three first days were set apart for Religion three other Days for the Militia and three other days for the Settlement of Ireland How humble soever the Scots were if you 'll take their Word yet the first Debate arose between the English and Scots Commissioners concerning Precedence which you may read in Whitlock's Memoirs f. 122. a. b. But when the Business concerning Religion came to be debated nothing less than that Presbytery was Jure Divino would down with the Scots nor was Episcopacy less Jure Divino by the English Commissioners for Religion But both these Assertions are false and blasphemous for Jus Divinum is so inseparably inherent in God as cannot be communicated to any Creature and though God by Divine Law or Institution did impower Bishops and Priests with Episcopal and Priestly Power to perform their Offices designed by God for the planting and continuing the Gospel yet the Jus Divinum from whence these Institutions were derived remains the same in God as before As God by the Law of Nature gives Parents a Dominion over their Children and Husbands over their Wives yet the Divine Right which gives these Powers is the same as before and Parents and Husbands have no Divine Right hereby but a Temporal Right by Nature or the Law of Nature so Bishops and Priests have no Divine Right to exercise their Ghostly Powers but a Spiritual Right given them by God's Law or Institution supernaturally or extraordinarily given If Bishops and Priests had a Divine Right they might create Divine Laws which in Terminis I believe none of them will affirm However you may see how the Theologues as they call themselves impose by this Cant upon the World and what endless Discords Factions and Wars have been raised hereby no Man conversant in History can be ignorant of The Principal whereof was Dr. Steward and Mr. Henderson and Marshall for Presbytery but the Zeal on both Parts being so obstinate as well as contradictory would have taken up more than all their Time in these Broils if a Stop had not been put to them upon the Motion of the Marquess of Hartford on the King's Part and the Earl of Pembrook Mr. Hollis and other Commissioners on the Parliament's that they might proceed upon the other Points of the Militia and Ireland In both these there was as little Agreement as in that of Religion not any one Point being agreed to by the King's Commissioners so the Treaty ended and nothing concluded The other Treaties at New-Castle Hampton-Court and the Isle of Wight we have taken notice of before So that the King was as unsuccessful in his Treaties as in his Arms. The Catastrophe of this Tragedy resolves into the King himself for this Juncto after called the Rump-Parliament having thus purged the House
the whole French Fleet and took 7 of their Men of War and dispersed the rest whereupon Dunkirk and after Gravelin submitted to the Spaniard Van Trump upon his Misfortune having laid down his Commission his Command was given to De Wit and the King of Denmark having made a League with the Dutch against the English seized all the English Ships and their Effects within the Sound or Zundt and joined five of his Men of War with the Dutch But the Success of the English Fleet in these Seas was not answered in the Levant for Captain Bodiloe with five or six English Frigats was set upon by Van Galen Admiral of the Dutch in those Seas about the latter end of September with 16 Dutch Men of War in which Encounter the Phoenix formerly mistaken for the Garland was taken by the Dutch and the English forced to retire under the Protection of the Port of Leghorn but Van Galen bought this Victory with the loss of his Life and upon the 20th of November following Captain Cox with two Boats of brave English in the Port of Leghorn boarded her and brought her off and young Van Trump was forced to skip into the Water to save his Life or being taken Prisoner De Wit had small Joy of his Employment having De Ruiter joined in Commission with him for having fitted out so great a Fleet as the Dutch could put out they took their Station in October on the side of the North-Foreland upon the Kentish Coast Blake having been on the Western Coast and having taken five Dutch West-India Ships and six Straits Ships valued at 200000 l. hastned with his Fleet towards the Dutch and divided it into three Squadrons one commanded by himself another by Vice-Admiral Penn and the third by Rear-Admiral Bourn and upon the 28th of October engaged the Dutch Fleet and boarded and took their Rear-Admiral and sunk two more of them and one was blown up and the rest of the Dutch Fleet was so shatter'd that it was forced to fly and was pursued by the English twelve Leagues the English lost not one Ship tho many of them were disabled in their Rigging Van Trump thus laid aside the ill Success of De Wit and Ruiter put the States to their Trumps what to do when the King of Denmark fearing to be called to a severe Account by the Rump for his seizing the English Ships in the Sound in case the Rump prevailed over the Dutch sent a Message to them proffering to assist them with 20 Men of War if they would re-establish Van Trump again in his Command which the Dutch did Van Trump thus re-established used all possible Industry to âit out another Fleet and having got 80 Sail of Men of War and 10 Fire-ships sailed directly to the Downs where Blake lay with about 40 and upon the 29th of November a furious Fight was between them which lasted from two in the Morning till six at Night this cannot be considering the time of the Year yet Baker f. 625. b. says it I think it should have been from ten in the Morning When the Dutch Fleet double in Number to the English prevailed and took the Garland Frigat and burnt the Bonadventure and sunk three more on the Dutch side one of their Flag-Ships was blown up and all the Souldiers and Mariners were lost but two and Trump's and Ruiter's Ships much damaged and if the Night had not favoured the English the whole Fleet would have been in danger to be lost After the Fight Van Trump sailed to the Westward to convoy home the Dutch-French Fleets and now the Dutch were so elated by their Victory that they talk'd of nothing but blocking up the River of Thames and forcing the English to a Peace but they were mistaken in their Measures For the Rump with incredible Diligence and Conduct repair'd their shatter'd Fleet and fitted up another to the Amazement of the Dutch commanded by Blake Dean and Monk newly come out of Scotland the reason whereof you 'll hear by and by and upon the 8th of February set Sail from Queenborough with 60 Men of War from whence they sailed to Portsmouth where they were joined with 20 Men of War more and from thence sailed over against Portland half Seas over to call Trump to an Account for passing the Channel without the Rump's leave and upon the 18th of February the Southern Ships of the English Fleet descried the Dutch Fleet consisting of 76 Men of War which had the Charge of convoying 30 Merchant Ships Blake and Dean were in the Triumph and with 12 Sail more engaged the Gross of the Dutch Fleet and the Triumph having received 700 Cannon-shot in her Hull was bravely relieved by Lawson the rest of the English Fleet being not able to come up But when the rest of the English Fleet came a most furious Fight succeeded wherein the Dutch had six Men of War taken and sunk whereof one was a Flag-Ship but the English lost not one Ship tho many were disabled and sent into Portsmouth The next day after in the Morning the Dutch Fleet was discerned seven Leagues off Weymouth whither the English ply'd and in the Afternoon engaged them with like Fury they did the day before Trump put his Merchant Men before him and after the first Shock fought retreating towards the Coast of Bulloign but in his way thither the English Frigats at large took many of his Merchant Men and Lawson boarded and took one of the Dutch Men of War The next day Sunday the 12th early in the Morning the English renewed the Fight which continued till four in the Afternoon then the Wind proving cross to the English at N. N. E. Trump got to Calais Sands and the English thought fit to pursue him no further In these three Fights the Dutch lost eleven of their Men of War and 30 of their Merchant Ships the English lost but one Ship the Sampson but the Captain Button and most of the Men were saved tho the Captain was much wounded This Victory of the English was so much more surprizing to the Dutch by how much they expected Van Trump should have block'd up the River of Thames and obliged the English to seek a Peace but the Success proving so contrary the common People in the Dutch Provinces were all in an Uproar and Tumult whereupon the Province of Holland without the Consent of the other Provinces which was contrary to the Constitution of their Government did privately imploy Colonel Doleman and some others gaining to them Hugh Peters to try the Inclinations of the Rump for a Peace Here take notice that King Charles the Second employ'd one Mr. Stubbe commonly call'd Dr. Stubbe who was a Man of great Parts to write a Vindication of the second Dutch War in his Reign whereby Stubbe had the opportunity of inspecting all the Manuscripts relating to the English Treaty with the Dutch in this Treaty for the Rump refused to treat with them but in
Norway for Timber Pitch and Tar and to Liefland and Prussia for rough Hemp and Flax for which Trades the English never built one Ship since this Act and by reason of the Dearness and Inconveniences of our English Ships in these Trades the Norwegians have encreased their Navigation from 6 Ships of about 60 Tun to above 200 of three four five and six hundred Tun and the English pay near double the Price for these they did before the Act. And as the Inhabitants of Liefland and Prussia rarely or never trade with us in rough Hemp and Flax so the Dutch importing these by the Cheapness of their Navigation one third cheaper than the English and when they are made into the Manufactures of Cordage Sails and Nets the Dutch by the Act of Navigation may import them whereby the English in their Fisheries and the Foreign Vent of their Commodities have lost the Manufactures of them and by a Foreign Expence buy them of the Dutch and French as much to their enriching and Employment of their People as to our Impoverishment and the Loss of employing ours It 's fit to give this light Touch of the Mischiefs and Inconveniences this Act has brought upon the Nation but hereafter I shall enlarge upon them when I reply upon Sir Josiah Child and Sir Brewster's Defence of it as before CHAP. II. A Continuation of this Treatise during the Vsurpation of Oliver Cromwel WHEN Men forsake the plain and foreknown Ways of Justice and Righteousness they not only run into Confusion or contrary Extreams but these they endeavour to sanctify by previous swearing to them and imposing them upon other Men. In Scotland 1638 the Scots without the King's Consent made their Covenant wherein they abjure Episcopacy and swear a mutual Defence of one another herein against all Persons whatsoever without excepting the King and imposed this upon all Sorts of People with Violence and Menaces as beating tearing of Clothes drawing of Blood and exposing thousands to Injuries and Reproaches and notwithstanding several Laws to the contrary expelled all Professors of Colleges and Ministers out of their Places who refused to subscribe their Covenant See Baker's Chron. fol. 461. a. To encounter the Scots Covenant by a contrary Extream the English Convocation in the Year 1640 after the King had dissolved the Parliament imposed without Consent in Parliament an Oath wherein they swear That they approve the Doctrine and Discipline of the Church of England as containing all things necessary to Salvation that they will not endeavour to bring in any Popish Doctrine contrary to it That they will not consent to alter the Government of this Church by Arch-Bishops Bishops Deans and Arch-Deacons c. as it now stands and ought by right to stand nor to subject it to the Vsurpations and Supersttitions of Rome That this they do plainly and sincerely acknowledg and swear and do it heartily and willingly Thus was God's Sacred Name exposed to cover their Ambitious Designs on both sides and for which neither gave any Reason Nor did this Convocation stay here but imposed without Consent of Parliament six Subsidies upon the Clergy to be paid in six Years for carrying on a War against the Scots the refusers to be suspended and excommunicated Thus you see now In Nomine Domini on both sides these Feuds began at the Clergy and the King to secure the Convocation set Guards about Westminster Abby Here let 's examine and compare these two Oaths The Covenanters in Scotland swear That according to their Places and Callings they shall endeavour the Preservation of the Reformed Church of Scotland in Doctrine Worship Discipline and Government At this Time there was no Reformed Church in Scotland but the Episcopal unless the Scots Covenanters erected another So here the Scots do not distinguish which Church they swear to endeavour to preserve nor say what the Doctrine Discipline Worship and Government of the Church of Scotland was So that herein in the first part of the Oath they swear equivocally and in the second they swear by Implicit Faith without declaring wherein their Doctrine Discipline Worship and Government does consist That they shall also endeavour the Extirpation of Popery Prelacy Superstition Heresy Schism Prophaneness c. All Oaths are to be taken in Truth viz. of what a Man knows or truly intends Can any Man believe that every Scot which swears the Covenant knows what Popery Prelacy Superstition Schism and Prophaneness are especially when they have an c. joined to them I do not believe that ever the Church of Rome or any other Nation ever imposed such an Equivocal and Canting Oath as this Covenant by a Rout of Men and contrary to the establisht Government in being and against the King's express Will And to make all sure they swear to defend all those that shall enter into this Covenant and shall zealously and constantly all the Days of their Lives continue therein But God shall soon blast this abominable Swearing to the Destruction of these Covenanters The Oath of the Covenant was purely promissory wherein they swear what wondrous Acts they would do in Preservation of their Kirk c. and for the Extirpation of Popery Prelacy c and for the mutual Defence of one another But the first Part of the Convocation-Oath is assertory wherein they swear that they approve the Doctrine and Discipline of the Church of England as containing all things necessary to Salvation so as there is no further need of searching the Scriptures and no Man needs further to seek his Salvation with Fear and Trembling if he be conversant in the Doctrine and Discipline of the Church of England The next part of it is negatively Promissory that they will not bring in any Popish Doctrine contrary to it The third part of it is partly Promissory and partly Assertory Promissory not to give Consent to alter the Government of this Church by Archbishops Bishops Deans Arch-Deacons c. Assertory as it now stands and ought to stand The fourth part is Promissory not to subject it to the Usurpations and Supersitions of Rome without declaring what these were The last part of this Oath is Assertory That this they do plainly and sincerely acknowledg and swear and do it heartily willingly and truly Now let 's see the Success of this jumbled Oath and Grant of these Subsidies first the King never got one Groat of them Secondly The very next Year after viz. March 10th the Commons voted that no Bishop should have any Vote in Parliament nor any judicial Power in the Star-Chamber nor Authority in Temporal Matters and that no Clergy-man shall be in Commission of the Peace and upon the 22d of June the High Commission Court and Star-Chamber wherein Laud and the Prerogative Clergy plaid their Pranks were abolished by Act of Parliament and soon after viz. January 12th Twelve of the Bishops were committed to the Tower for High Treason for protesting against all Votes and Orders of
paid or was one tenth part so highly caressed by their Subjects in a time of Peace Was it not strange then that the King should be in such Necessities for Money as to borrow such great Sums of the City for carrying on this hasty War before the Parliament should meet to supply him Whereas when Queen Elizabeth came to the Crown her Revenue besides the Court of Wards and the Dutchy of Lancaster was but 188179 l. per Annum and the Crown left in Debt by her Father Brother and Sister which she afterwards paid and for the four first Years of her Reign the Parliament gave her but one Subsidy and two Fifteens about 120000 l. Yet in these Years she fitted up her Navy Royal so as it was not only superiour to those of all the Neighbouring Nations but of any Prince in the World and also sent a Fleet and Land-Army into Scotland with which she expelled the French out of it And the Parliament in the fifth Year of her Reign gave her but another Subsidy and two Fifteens wherewith she assisted the Princes of the Reform'd Religion in France Whereas the Parliament in the fifth Year of this King 's actual Reign gave him 2467500 l. for carrying on the War against the Dutch I will not dispute the Justice of this War yet sure never was any made with such Precipitancy and Inconsideration both abroad and at home for as the King entred into no Alliances or Confederations abroad in it so on the contrary France and Denmark our next Neighbouring Nations join'd with the Dutch against the King and that tho the Spaniard stood Neuter in it yet the King had little reason to expect any Benefit from him having been so used in the King's Sale of Dunkirk to the French and joining with the Portuguese and French against the Spaniard And as the King had made no Foreign Alliances abroad so had he not laid up any Naval Stores at home and which is worse he had the Act of Navigation tho made by the Rump yet the Parliament 13 Car. II. confirmed it or set the Royal Stamp upon it to struggle with to supply himself with Naval Stores for carrying on the War For the Rump were as hasty in making the Act of Navigation as the King was in entring into this War and made it general without any Consideration of Time either in War or Peace and herein their Zeal to make this Law outrun their Wit or Memory for these very Men about ten Years ago viz. 16 Car. I. 21. which yet stands unrepealed taking notice of the manifold Mischiefs tho in time of Peace which happened by reason the Importation of Gunpowder was prohibited contrary to Law viz. That the Price of Gunpowder was excessively raised many Powder-Mills decayed the Kingdom much weakned and endangered the Merchants much damnified many Mariners and others taken Prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish Pirates and many other Inconveniences thereby ensued and like to ensue Therefore this Act made the Importation of Gunpowder Salt-petre and Brimstone free to Strangers as well as Natives and a Premunire to hinder it Whereas in this War if the East-India Company shall set double or treble the Price upon Salt-petre or if their Ships should miscarry yet by this Act it is Confiscation of Ship Goods Tackle Apparel and Ammunition for the Subjects of any other Nation to import Salt-petre or Gunpowder The King tho this were a Naval War having laid up no Stores for it yet if the Swede from any Port of Norway but Gottenburg or if the Bradenburgher Lubeker Hamburgher or Emdenber should import any from any Port of Norway or any rough Hemp or Flax from Leifland or Prussia for making Cordage or Sails this had been Confiscation of Ships Goods Guns Tackle Ammunition and Apparel by this Act. This Act restraining the English in the Newcastle Trade and to the Plantations to navigate their Ships by three fourths English the King was forced to man his Fleet with pressed Men the greater part whereof were Land and Water-Men Whereas if it had been free for the English during the War to have imployed Foreigners in these Navigations the King might have above twenty thousand of his best Sea-men more than he had to man his Fleet and the City of London and other Parts of England throughly supplied with Coals at half the Prices and with more Security The King by reason of this Act in the first Year of this War was forced in the dead of Winter to send Sir John Harman to Gottenburg with a Squadron of Men of War for Masts Pitch and Tar where by the Coldness of the Season some of the Ships were frozen up and many of the English lost their Noses and were benumm'd in other Parts with the Cold Yet all agreed if the King had not been supplied with Naval Stores by this Fleet he could not have fitted out a Fleet next Year These things tho evident to any Stander-by yet the Parliament took no notice of them However the King wisely dispensed with the Act of Navigation so far as it related to the Importation of Naval Stores and Hemp and Flax with this different Success that tho the Parliament the Year before boggled at the King 's dispensing with the Penal Laws against Dissenters yet they took no notice of the King 's dispensing with the Act of Navigation Tho this War was thus hastily begun yet was it managed more carelesly and prodigally than ever any was before The Officers of the Fleet like those of the Guards bought their Places to sell their Lives the poor common Sea-men not paid and wanting Money to pay their Quarters were forced to take Tickets for less than half their Wages whilst Favourites swelled into incredible Riches by the Ruin and Spoil of the Nation The innumerable Prizes taken from the Dutch were so far from contributing to the Charges of this War that many of them were given to Women and Favourites and became a Charge to the King no Inspection must be into the defraying the Monies given for the War for this was to distrust the King The Officers who had bought their Places in the Fleet instead of minding their Business made it their Business how to be Gainers for the Purchase of their Places and caballed how they might improve their Interest at Court However the King receiving no Satisfaction from the Dutch for the Injuries done to Sir William Courten and Sir Paul Pindar upon the 17th of May 1665 granted Letters of Reprisal to Sir Edward Turner and George Carew their Executors c. against the Dutch till they should be satisfied 151612 l. This Grant to stand in force notwithstanding any Peace to be made till Sir Edward Turner c. were fully satisfied of the said Sum with all their Costs and Damages Sir Thomas Allen opened the first Sea Campagn by falling upon the Smirna-Fleet and took four of them richly laden and the
third of June following the English Fleet commanded by the Duke of York Prince Rupert Admiral of the White and the Earl of Sandwich of the Blue fought the Dutch off the Coast of Harwich where the Dutch were put to flight Opdam their Admiral was blown up and Cartinere Stillingwolf and Stamp Flag-Officers killed and eighteen of the Dutch Fleet sunk and taken and if it had not been for fear of disturbing the Duke in his next Night's Sleep it 's believed the whole Dutch Fleet might have been destroy'd But in this Fight the English lost the renowned Earl of Marlborough who tho Admiral in King Charles the First 's Reign died a private Captain in this Fight Rear-Admiral Sanson was killed in it and Vice-Admiral Lawson soon after died of his Wounds The Duke of York was of too estimable a Value to be ventur'd any more in this War for in his Person the Hopes of this War and Declaration of Indulgence resolved So the Earl of Sandwich was made Admiral Sir Thomas Allen of the White and Sir Thomas Tiddiman of the Blue Squadrons The Dutch were so damaged in the first Fight that they were not in a Condition to set out another Fleet this Year But the Dutch having lodged their East-India and other Fleets in Bergen in Norway the English Fleet sailed thither to attack them in it But Sir Thomas Tiddiman who was ordered to do it did not sail into the Harbour as he might have done upon his first Approach but sent to the Governour of the Castle to treat without the Dutch within alarm'd at the Danger set all hands on work that Night so that by the Morning they had so fortified the Castle that it was impossible for the English to force a Passage and the Weather growing boisterous it being towards the latter end of September the English Fleet was forc'd to return nor could the Dutch Fleet stay in Bergen and in their Return home two of their richest East-India Ships and about 80 Sail of their other Ships fell to the English share but tho they were deep laden when the English took them they became much lighter before they came into the English Harbour It seems God was not pleased with these things for this Year he sent a horrible Plague which raged over almost all the Parts of England The greatest Plague which happened since Edward the Third's time in England was in the first Year of this King's Grandfather yet a greater in the first Year of his Father's Reign and now a greater than either in the sixth Year of his actual Reign And as the Plague drove the Parliament to Oxford in his Father's Reign so did it now in his But neither the Mourning of the Land because of Oaths the Plague this Dutch War nor the King's Declaration of Indulgence for dispensing with the Penal Laws against Dissenters could abate the Parliament's Zeal in prosecuting Protestant Nonconformist Ministers but they made a Law called the Five-Mile-Act whereby they were banished five Miles from any Corporation or Market Town and had this Oath imposed upon them I A. B. do 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 up Arms by his Authority against his Person or any that are commissionated by him in pursuance of such Commission And I do swear that I will not at any time to come endeavour the Alteration of the Government either in Church or State So help me God The poor Non-conforming Ministers did quietly submit to this in England but the Presbyterians did not so to the High Commission erected in Scotland for about this time they rose in Arms at Pentland against the Persecution of the Prelates who disturbed them in the Execution of their Ministry but were soon broken and a terrible Execution follow'd upon them as Traitors and Rebels In England the Parliament at Oxford granted the King 1250000 l. for carrying on the War against the Dutch and in the Spring 1666 the Plague ceasing the King set forth a Fleet under the Command of Prince Rupert and the Duke of Albemarle Sir Thomas Allen Admiral of the White and Sir William Berkley of the Blue But the Dutch and French now try to do that by Craft which they could not do by Force and Plain-dealing And to this purpose it was given out that the French had fitted up a strong Fleet to join the Dutch and this so prevailed upon the King and Council that upon the 29th of May a remarkable Day when the English Fleet was riding in the Downs Prince Rupert in all haste was ordered with the White Squadron to sail to the West to fight the French Fleet coming to join with the Dutch I desire to be particular in some part of what followed because I had it from Sir John Harman himself who was Vice-Admiral of the Blue At the same time Prince Rupert sailed from the Fleet the Dutch put out to Sea the Wind at North-east a fresh Gale this brought the Dutch Fleet on the Coast of Dunkirk and carried the Prince to St. Helens on the Isle of Wight but the Wind suddenly turning into the South-west blew a strong Gale which brought the Dutch and Duke to an Anchor when Captain Bacon of the Bristol by firing of his Guns gave notice to the Duke of the Approach of the Dutch Hereupon the Duke summoned all the Captains on board him not to consult whether to fight the Dutch but to order them to weigh Anchor and fight the Dutch This was the 1st of June the Wind at South-west blowing a stiff Gale so that the Dutch were forced to cut their Cables not having time to weigh Anchor and tho the English had the Weathergage of the Dutch yet the Wind so bowed the English Ships that they could not use their lowest Tire when they came up to fight the Dutch Sir Berkley's Squadron led the Van but the Duke when he came on the Coast of Dunkirk to avoid running on a Sand made a sudden Tack which brought his Top-mast to the Board whereupon he was forced to lie by 4 or 5 Hours till another was set up but the Blue Squadron knowing nothing of this sailed on fighting through the Dutch Fleet which were 5 to 1 of the Blue Here Sir William was killed and his Ship the Swiftsure a second Rate and all her Guns Brass taken so was the Essex a Frigat of the third Rate and Sir John Harman in the Henry got among 9 Ships of the Zeal and Squadron commanded by Vice-Admiral Everts and these so disabled the Henry that Everts offered Sir John Quarter if he would yield but Sir John told him 't was not come to that yet and gave him a Broadside and killed Everts Hereupon this Zealand Squadron sailed to assist their Fellows behind and only left Sir John to the Mercy of 3 Fireships one of which grappled the Henry on her Starboard Quarter The Dutch
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
into Terms about it he was sure it might be done and desired Sir William to make a short Turn to the Prince and try if he could perswade the Prince to it But Sir William excused it and desired Mr. Hide now Earl of Rochester who was then at Nimeguen might do it but I don't find any thing came of it About the latter End of September as before noted the Prince took his Journey for England and landed at Harwich and from thence came to New-Market where the Court then was where he was kindly received by the King and Duke who both invited him often into Discourse of Business which the Prince avoided industriously so as the King bid Sir William ask the Prince the Reason of it the Prince told him he was resolved to see the young Princess before he enter'd into that Affair and get to proceed in that before the other of Peace whereupon the King to humour him left New-market some Days sooner than he intended and came to London The Prince at first sight was so pleased with her Person and all those Signs of such a Humour as had been before described to him that he immediately made his Suit to the King and Duke which was well received and assented to but upon Condition the Terms of Peace abroad might be first agreed to between them The Prince excused himself and said he must end his first Business before the other The King and Duke were both positive otherwise that that of Peace should precede but the Prince continu'd resolute for the former and said His Allies were like to have hard Terms of Peace as things stood and would be apt to believe he had made this Match at their Cost and for his part he would never sell his Honour for a Wife But the King and Duke continued in their Resolution for three or four Days In the Obstinacy of these contrary Resolutions between the King Duke and Prince Sir William Temple chanced to go to the Prince one Evening after Supper and found him in the worst Humour he had ever seen him in and told Sir William he repented he ever came into England and resolved he would stay but two Days longer if the King continued in his Mind of treating upon the Peace before Marriage and that before he went the King must chuse how they must live hereafter for he was sure it must be like either the greatest Friends or the greatest Enemies and pressed Sir William to let the King know so next Morning and give him an Account what he should say upon it Next Morning Sir William told the King all the Prince had said to him and the ill Consequences of a Breach between them considering the ill Humours of so many of his Subjects upon our late Measures with France and the Invitations made to the Prince by several of them during the late War The King heard Sir William with great Attention and when he had done said Well I was never deceived in judging of a Man's Honesty by his Looks and if I am not deceived in the Prince's Face he is the honestest Man in the World and I will trust him and he shall have his Wife and you shall go immediately and tell my Brother so and that 't is a thing I am resolved on Sir William did so and the Duke at first seemed a little surpriz'd but when Sir William had done the Duke said the King shall be obey'd and I would be glad all his Subjects would learn of me to obey him From the Duke Sir William went to the Prince and told him all this Story At first the Prince seem'd diffident but soon embraced Sir William and told him he had made him a very happy Man and that unexpectedly and so he left the Prince to give the King an Account of what passed and in the Prince's Ante-Chamber met my Lord Treasurer who undertook to adjust all the rest between the King and the Prince which he did so well that the Match was declared that Evening at the Committee before any other in the Court knew any thing of it When the Match was known the Nation entertained it with an universal Joy yet the French Ambassador and my Lord Arlington were displeased at it the French Ambassador because he had not given his Master an Account of it and my Lord Arlington because nothing of near such moment had passed and he not acquainted with it and within two or three Days after the Marriage was consummate The Prince having so happily gained the first part of his Design in coming into England the Terms of Peace were agitated immediately and Sir William Temple was admitted to be present at the Debates The Prince insisted upon the Strength and Enlargement of a Frontier on both sides of Flanders otherwise he said France would end this War with the View of beginning another and carrying Flanders in one Campagn The King was content to leave that Business a little looser upon Confidence that France was so weary of the War that if they could get out of it with Honour they would never begin another in this Reign that the King was past his Youth and lazy and would turn to the Pleasures of the Court and Buildings and leave his Neighbours at quiet But the Prince thought France would not make a Peace now but to break the present Confederacy and to begin another War with more Advantage and Surprize that their Ambition would never end till they had all Flanders and Germany to the Rhine and thereby Holland in an absolute Dependance upon them and us in no good one and that Christendom could not be left safe by the Peace without a Frontier as he proposed for Flanders and the Restitution of Lorain as well as what the Emperour had lost in Alsatia Sir William Temple told the King that in the Course of his Life he had never observed Mens Natures alter by Age or Fortune but that a good Boy made a good Man a young Coxcomb an old Fool and a young Fripon an old Knave that quiet Spirits were so and unquiet would be so old as well as young that he believed the French King would have always some Bent or other sometimes War sometimes Love sometimes Building but was of the Prince's Opinion that he would ne'r make Peace but with a Design of a new War after he had fixed his Conquests by the last The King approved of what Sir William had said and the Points of Lorain and Alsatia were easily agreed to by the King and Duke but they would not hear of the Restitution of the County of Burgundy tho it were part of the Spanish Netherlands which the King was obliged to protect against France by the Treaty of Aix as what France would never be brought to yet the Prince insisted much upon it which the King imagined was by reason of the Prince's own Lands in that Country which are greater and more Seignurial than those of the Crown of Spain there
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 Charlârây 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
against it That however France had ordered him to make his Majesty the Offer of a great Sum of Money for his Consent tho the thing was already accepted by Holland and wherein his Majesty was consequently not concerned The French Ambassador at London confident this Bait would take the King began to change his Language That his Majesty should be Arbiter of the Peace But now being assured his Master had agreed with Holland he seem'd to wonder and expostulate why the King should pretend to obtain better Terms for the Spaniards than the Dutch their Allies were content with You have heard the Agreement between the King and Prince before he went into Holland as well on the behalf of the Empire and Duke of Lorain as of the Spaniards and how it was not observed by the King and of the time when the Prince arrived in Holland and of the unjust Jealousies had upon the Prince thereby as well by the Confederates as by the Dutch and of the separate League the King made with the States for enforcing the French to come up to the Agreement between the King and Prince of Orange and how the King had got twelve hundred thousand Pounds of the Parliament for entring into an actual War with France and how the French King in defiance of the King and States instead of giving up any Towns had taken Ipre and Gaunt as well contrary to this Agreement and League as to the Treaty of Aix Now let 's see how the King proceeded after the Dutch contrary to the League with the King had accepted the French Terms Having got the Money of the Parliament for making the League with the Dutch upon the Terms agreed upon by the Prince he now saw no reason why he should not get the Money the French offer'd him if he would agree to the Terms he had made with the Dutch and to that purpose order'd Sir William Temple to treat upon it with the French Ambassador who had Orders to that purpose Sir William would have excused it but the King told him he could not help seeing him for the Ambassador would be at his House next Morning by seven a Clock and then he came but Sir William told him he had been very ill in the Night and could not enter into Business so the Ambassador was disappointed of his Design at that time However the Bargain went on not only for the Money but something else so that Sir William Temple says p. 321. There was one Article in this private Treaty the King took such Indignation at that he would never forget it whilst he lived There was but one Accident favourable to the Confederates in all these Treaties viz. the French apprehensive of a Conjunction between the English and Dutch who at this time were much more powerful at Sea than France thought they might block up Messina by Sea while the Spaniard besieged it by Land and so might lose all the Cannon Provisions and Stores they had in it to prevent which they abandoned it while it was in their Power to secure their Effects there and left the Messinians their Confederates to the Mercy of the Spaniards Beverning was the Agent which managed this Treaty upon the French Terms and Beverning was sent to the French Camp where the Terms of Peace were concluded about the latter end of June and a Cessation of Arms for six Weeks that the Spaniards might come into the Peace upon the Terms proposed But if they should not his most Christian Majesty assured the States that he would always provide such a Barrier in Flanders as they thought necessary for their Safety and after the Peace should be made and the antient Amity restored he would be ready to enter into such Engagements with them as should for ever secure their Repose and their Liberties viz. he would be the Fox that should preserve these Geese Indignation will not suffer this to pass over without Reflection that the World may see what Trust is to be given to French Faith Did not he make this War upon the Dutch only because of the ill Satisfaction he had of the Dutch Behaviour toward him being risen to that degree that he could no longer without Diminution of his Glory dissemble his Indignation against them c. and therefore resolved to make War against them by Sea and Land Did he not in the beginning of this War by all French Artifice court the Prince of Orange to take upon him the Soveraignty of the Dutch Provinces Did not his Ambassadors court Sir William Temple Pensioner Fagel and the Dutch themselves and that the Prince should make what Terms he pleased so as to make a separate Peace And now he is making a separate Peace with a pack of factious Dutch of the Louvestein Faction opposite to the Prince to wheedle them that after the Peace was made he would enter into such Engagements with them as should for ever secure their Repose and their Liberties meaning to depose the Prince from having any Power or Authority with them In this hopeful Security of this Faction relying upon French Faith the Marquess de Balbaces proposed when the six Towns in Flanders should be given up to the Spaniard upon the French Terms to which the French Ambassador answered That his Master being obliged to see an entire Restitution made to the Swede of all they buâ lost in the War could not restore the Towns in Flanders to thâ Spaniard till those to the Swede were likewise restored So that now the Dutch by this separate Peace must only stand still and looâ on if the King of Denmark and the Elector of Brandenburg wilâ not deliver the Towns they had taken from the Swede which ãâã like they would not nor could the Dutch compel them while ãâã French take all Flanders and impose what Terms they please upon the rest of the Confederates Beverning could not tell what to say to this and acquaints the States with it the States were confounded at it and could neither tell what to do nor to whom to complain To the Confederates they were asham'd to complain who had so generously entred into the War for their Preservation when otherwise they had ãâã under the French Tyranny without possibility of Relief and therefore had great reason to be offended at their endeavouring to make a separate Peace thereby to expose them to the Fury and Tyranny of the French Arms and the Counsels of the Court of England were so loose that no Reliance could be had upon them But it was Hobson's Choice that or nothing That we may take all fair before us let 's now see the Fruits the Dutch had of their Cessation of Arms for six Weeks to try if they could bring in the Spaniard to comply with the Terms which the French had imposed upon Beverning and his Faction for restoring six of the nine Towns to the Spaniard which was agreed upon between the King and Prince and also by the League which
Strangeness of the Discovery of Prance by Bedlow who had never but once seen Prance before and that by Candle-light and in a Peruke should yet upon the first Sight of him know him again without Peruke the other is the Clearness of Sir Godfrey's being murdered and the Body's being in Somerset-house upon Monday after the Murder the Saturday before and from hence it was that Prance became an Evidence in this Discovery Now let 's see how things stood upon the Meeting of the Parliament upon the 21st of October 1678 both abroad and at home And herein both Houses were as warm in Enquiry into them as the Court was cold It was but in January before that the Parliament had given the King 1200000 l. for carrying on a War against France in Conjunction with the Dutch and their Allies and upon their Meeting they found a treacherous separate Peace made by a Faction of the Dutch with the French and upon French Terms wherein the King had taken Money of the French to join with this Dutch Faction in it Besides the King's Guards which he might encrease as he pleased as well as keep up those he had there was now another Army raised which now it was of no further Use abroad they dreaded as much as they did the French Arms now he had subdued the Confederates by the Dutch Disjunction from them and the Discovery of the Popish Plot carried on at home whilst these things were thus agitated abroad was to them a Demonstration the same Councils which governed abroad did so at home And if the Parliament were thus amazed at their Sitting it was no way lessened when as they found that in this very Month no less than 57 Commissions were discovered for raising Soldiers granted to several Romish Recusants with Warrants to muster without taking the Oaths of Allegiance and Supremacy and the Test countersigned by Sir J. W. Secretary of State whereupon the Commons committed him to the Tower yet the King next Day discharged him with a Reprimand to the Commons but upon the Commons Address to the King about it the King as before in his Declarations of Indulgence promised to recal them However the Commons appointed a secret Committee to enquire to the Bottom of the Popish Plot who having made some Progress in it upon Friday the 1st of November came to this Resolution Nemine contradicente That upon the Evidence that has already appeared to this House this House is of Opinion That there hath been and still is a damnable hellish Plot contrived and carried on by Popish Recusants for assassinating and murdering the King subverting the Government and rooting out and destroying the Protestant Religion Which being the same Day communicated to the Lords they unanimously and readily concurred with the Commons in it and upon the 5th the Commons impeached the Earl of Powis the Viscount Stafford and the Lords Arundel of Warder Petre and Bellasis of High Treason The Commons having proceeded thus far in searching into the Popish Plot upon the 27th of November proceeded in their next Fear of the Army raised and now indeed in Flanders where the French Army raged after the Dutch had made their separate Peace without Opposition and the English Army only a Burden to the Country and of no Use to restrain the French Ravages and Voted 1. That it is necessary for the Safety of his Majesty's Person and preserving the Peace of the Government That all the Forces which have been raised since the 29th of September 1677 and all others which have been since that time brought over from beyond Seas from foreign Service be forthwith disbanded 2. It is the humble Opinion of this House That the Forces which are now in Flanders may be immediately called over in order to their disbanding 3. That the House would to Morrow Morning resolve it self into a Committee of the whole House to consider the Manner of disbanding the Army The five Popish Lords had been impeached by the Commons about a Fortnight and no Articles exhibited against them when the King gave the Commons an Account that he had given Order for seizing Mr. Mountague's Papers upon Information that he had held several Correspondences whilst he was Ambassador in France with the Pope's Nuncio without any Direction or Order of his Majesty But Mr. Mountague the same Day produced two Letters from my Lord Treasurer whilst he was Ambassador in France which being read the House resolved to impeach the Treasurer and the same Day ordered a Committee to draw up Articles against him which on Saturday the Committee did and on Monday following impeached the Treasurer upon them whereas the Commons had not yet exhibited any against the Popish Lords This was upon the 23d of December But if the Treasurer was constant to himself I do not understand how the Commons Impeachment of him in the 4th Article could consist with the King's Displeasure against him for the quite contrary viz. That he suppressed the Evidences and reproachfully discountenanced the King's Witnesses in Discovery of the Popish Plot And Sir William Temple says pag. 391. That the Treasurer was fallen into the King's Displeasure for bringing the Popish Plot into Parliament against the King's absolute Command However the Parliament granted the King 693388 l. to disband the Army and also an Additional Duty upon Wines for 3 Years but no more Money being like to come this Sessions upon Monday the 30th of December he prorogued the Parliament to the 4th of February next and then told them That it was with great Vnwillingness that he was come to tell them that he intended to prorogue them that all of them were Witnesses he had not been well used the Particulars of which he would acquaint them with at a more seasonable time but when will that be for he never saw them after In the mean time he would immediately enter upon the disbanding the Army and do what Good he could for the Kingdom and Safety of Religion and that he would prosecute the Discovery of the Popish Plot to find out the Instruments of it and take all the Care that is in his Power to secure the Protestant Religion as it is now established How well this was performed you 'll soon see and before the 4th of February he dissolved this Eighteen-year-old Parliament The Vogue went It was upon the Account of my Lord Treasurer tho I believe upon severer Thoughts it will seem rather to have been done upon the Account of the Popish Lords and Popish Plot. These Feuds in the Nation and Jealousies between the King and Parliament stifled the Apprehensions of the dreadful growing Power of the French King and made fair Weather for him to prosecute his boundless Ambition without any Regard of his Faith or Honour where-ever he could extend it Never did one Parliament succeed another so early as the next did this long Parliament for the King by his Proclamation dissolved the Long Parliament upon the 25th of
Speech that they would not deign to debate it or one Paragraph in it Neither the Baât of Tangier nor the King 's making Alliances with the Dutch and Spaniard if any such were in his Ramble of Prorogations of this Parliament would make the Commons give more Money This Parliament met in a contrary Humour to that of the Long Parliament and that from contrary Causes for that Parliament adored him as their Deliverer from the Rage and Persecution of the late times whereas this Parliament met in Dread and Terror of the Nation at present and were frighted at the Prospect of the Consequence of it after the King's Death The Commons heated by the Dissolutions of the two last Parliaments when they were searching into the Discovery of the Popish Plot and exasperated against the Tories for ridiculing the Popish Plot and for abhorring petitioning the King to let the Parliament sit in order to prosecute and secure the Nation against it c. proceeded in another Temper I think than any other ever before and in Truth I do not desire the Prosecution of the Commons in the Long Parliament in the first ten Years against the Protestant Dissenters and of the Commons of this Parliament against the Tories should be taken for Precedents by any Parliament in time to come When Parliaments met annually or at least frequently I think a Complaint cannot be found against any Man for Breach of Privilege but when there were long Intervals of Parliaments from whence the Consequence resolved into long Sittings of Parliaments which began in the Reign of Henry VIII then the Inconvenience I may say of Privilege of Parliament first began nor do I find any before the latter end of Henry VIII nor does Mr. Petit in his Precedents from Arrests and other Privileges of Parliament-men cite any before the Thirty fourth of Henry VIII in Case of Mr. George Ferrers Burgess for the Town of Plimouth being arrested for Debt and this was taken for such a Novelty that he takes up near seven Pages to recite the Proceedings of the Commons upon it and how the King being advertised thereof called the Chancellour the Judges the Speaker of the Commons and the gravest Persons of them wherein he commended the Wisdom of the Commons in maintaining their Privileges which he would not in any Point have infringed and that the Privileges of Parliament extend to the Servants of the Commons from Arrests as well as to the Persons of the Commons It 's worthy Observation with what Sobriety and Justice the Commons proceeded herein They ordered their Serjeant forthwith to repair to the Compter in Breadstreet wherein Mr. Ferrers was committed with his Mace to demand his Delivery which the Serjeant did to the Officers of the Compter who notwithstanding refused to do it and beat and hurt some of the Serjeant's Officers and broke his Mace and during the Brawl the Sheriffs of London came in who countenanced the Officers of the Compter and refused to deliver Mr. Ferrers and gave the Serjeant proud Language and contemptuously rejected his Message Hereupon the Commons commanded the Serjeant to demand the Sheriffs of London to deliver Mr. Ferrers by shewing them his Mace which was his Warrant for so doing whereupon the Sheriffs delivered him accordingly but then the Serjeant having further Command from the Commons charged the Sheriffs to appear personally on the Morrow by eight of the Clock before the Speaker in the nether House or of the Commons to bring thither the Clerks of the Compter and such other of their Officers as were Parties in the Fray and to take into Custody one White who had wittingly procured the said Arrest in contempt of the Privilege of Parliament The next day the two Sheriffs with one of the Clerks of the Compter and the said White appeared in the Commons House where the Speaker charging them with their Contempt and Misdemeanour they were compelled to make immediate Answer without being admitted to Counsel and in conclusion the Sheriffs and the said White were committed to the Tower and the Clerk which was the Occasion of the Fray to a place called Little Ease and the Officer which did the Arrest called Taylor with four other Officers to Newgate where they remained from the Twenty eighth to the Thirty first of March and then were delivered at the humble Suit of the Mayor and their other Friends The next Breach of Privilege reported by Petit is eight Years after viz. the fourth of Edward VI by one Withrington who made an Assault upon the Person of one Brandling Burgess of New-castle but the Parliament drawing towards an End the Commons sent Withrington to the Privy Council but the Council would not meddle in it and sent the Bill of Mr. Brandling's Complaint back again to the Commons according to the antient Custom of the House whereupon the Bill was sent to the Lords from the Commons when Withrington confest he began the Fray upon Dr. Brandling upon which he was committed to the Tower This was in the Year 1550. Mr. Petit finds not another Breach of Privilege till the Fourteenth of Elizabeth twenty one Years after which was done by one Arthur Hall for sundry lewd Speeches used as well in the Commons House as abroad who was warned by the Serjeant to appear before the Bar of the Commons to answer for the same and upon his Speech upon the humble Confession of his Folly he was remitted with a good Exhortation given him by the Speaker Here I observe these three Particulars 1. The Rarity of these Breaches of Privileges of Parliament in former times 2. The Justice of the Commons in their Proceedings of Breach of Privilege to cite the Person or Persons to appear before them to answer for themselves before the House passed any Censure upon them 3. That in none of these Censures they enjoined the Delinquent to pay their Fees to their Serjeant for the Serjeant is the King's Officer and by the 26th West 1. no Officer of the King 's shall take any Fee or Reward for doing his Office but what he receives from the King upon Penalty of rendring double to the Plaintiff and be further punished at the Will of the King And Sir Edward Coke in his first Inst Lib. 3. Sect. 701. Tit. Extortioners says this was the antient common Law and the Penalties added by the Statute and that tho some Statutes since have allowed the King's Officers in some Cases to take Fees for executing their Offices yet none other can be taken but what such Statutes allow and that all Officers of the King who take Fees otherwise are guilty of Perjury I would know by what Law the Commons Serjeant takes his Fees and how the Commons can absolve him from Perjury for taking such Fees Whereas in this Parliament rarely a Day passed wherein Men upon bare Suggestions and absent were not judged and Execution ordered for high Breaches and notorious Breaches of the Commons Privileges yet most of these
Forfeitures by Papists would be insignificant viz. remitted this intended Act did ordain that such Fines and Forfeitures one half should be to the Informers the other to charitable Uses But this Act being so contrary to the Duke's Design the Committee of Religion was discharged from meeting again and another short Act was brought into Parliament ratifying all former Acts for securing the Protestant Religion so that in this first Act the Duke pursued not his Instructions but went contrary to them and to the Custom of Scotland At the passing this Act the Earl of Argyle proposed that all Acts against Popery might be added which was opposed by the King's Advocate and some of the Clergy yet seconded by Sir George Lockhart and the President of the Sessions it passed without a Vote but such was the Jealousy of the Parliament that this did not secure the established Religion that several of the Members desired other Additions and Acts which the Duke in open Parliament promised when Time and Opportunity offered should pass but when at any time this was proposed the Test was obtruded If the Parliament were so zealous to secure the established Religion the Duke was not less to secure the Succession of the Crown of Scotland shrewdly struck at in England in the very Person of the Duke and to that end a Bill was brought in and passed wherein it was declared High Treason to affirm that the Succession of the Crown of Scotland can be altered from the next of Proximity of Blood but how agreeable this was to the Title of the Bruces and Stuarts who had no Title to the Succession of the Crown of Scotland but by Act of Parliament has already been shewed and how disagreeable this Act was to the Duke's Grandfather's Succession to the Crown of Scotland without any Act of Parliament let any Man judg This Act was not only thus contrary to the Laws and Usages of Scotland but the Act is equivocal if not contradictory to the Duke's Design for there is a difference between the next Heir and the next in Proximity of Blood as if a Man had several Sons and the eldest has a Son or Daughter his Father living and after his Father dies his eldest Son's Son is Heir and his other Sons and Daughters are next in Proximity of Blood the Heir being a degree in Blood further removed from the common Ancestor than his Uncles or Aunts and this was the case of Richard II. of England Son of the Black Prince Edward the Third's Eldest Son who succeeded to the Crown of England though his Uncles the Dukes of Clarence Lancaster York and Cambridg were nearer of Blood to Edward the Third This Act for the Succession of the Crown of Scotland was succeeded by another called the Test as contradictory to it self as contrary to the Act of Succession to be taken by all Persons in publick Trust in Scotland wherein they solemnly Swear in the Presence of the Eternal God whom they invoke as Judg and Witness of their sincere Intention of this their Oath That they own and profess the true Protestant Religion contained in the Confession of Faith recorded in the first Parliament of King James the Sixth and believe the same to be founded on and agreeable to the Written Word of God That they will adhere thereto and endeavour to educate their Children therein and never consent to any Change or Alteration contrary thereto and renounce all Popish and Fanatical Doctrines inconsistent with the said Protestant Religion and Confession of Faith And by this their solemn Oath they Swear That King Charles the Second is the only Supream Governour of this Realm over all Persons and in all Causes as well Ecclesiastical as Civil and renounce all Foreign Jurisdiction of the Pope or any other Person and promise to bear true Faith and Allegiance to the King his Heirs and Lawful Successors and to their Power to defend all their Rights and Prerogatives And by this their solemn Oath they Swear They judg it unlawful for Subjects upon pretence of Reformation or any Pretence whatsoever to enter into any Covenants or Leagues or to convene c. in any Council to treat of any Matter of State Ecclesiastical or Civil without his Majesty's special Command or express Licence or to take up Arms against the King or those commissionated by him That they will never rise in Arms or enter into such Covenants or Assemblies That there lies no Obligation upon them by the National Covenant or the solemn League or Covenant or any other way to endeavour any Change or Alteration of the Government either of Church or State as by Law established and promise and swear to the utmost of their Power to maintain the King's Jurisdiction against all deadly and as they shall answer it before God and that they took this Oath in the true and genuine Sense and Meaning of the Words without any Equivocation Mental Reservation or Evasion and never to accept of any Dispensation from any Creature So God help them By these two Acts you may observe the Scotish Temper whether it were natural or in contradiction to the Kirk-Party I will not say nor how much higher it flew than the Tory in England but because of the extraordinariness of these two Acts it 's fit to make some Reflections upon them Such another Law as that of the Succession was made the twenty first of Richard the Second in the Case of Roger Mortimer which lasted not longer than the next Year after when the Law was not only repealed but Henry the Fourth succeeded contrary to it whereas this Law continued for above eight Years after when it not only lost its Force but another Face appeared in Scotland and so continues in spight of this Law Now from this treasonable Law let us make some Remarks upon this ranting swearing Law called the Test We have said elsewhere that all Oaths are assertory of the Truth of Things Speech and Actions in time past or promissory to do or forbear to do some Act in time to come and now let 's consider what is Truth and the End of an assertory Oath Truth is proper to intellectual and reasonable Creatures and is either the apprehension of intelligible Beings as God a Law the Soul Time c. which can never be the Objects of Sense and of the Causes and Consequences of Intentions Speech and Action for Sense is not of Futurity but of present Things and Actions the Consequence or Inference will be whether good or bad just or unjust c. However all intelligible Beings and the Causes of Things and Actions are ever assumed not sworn to and if another does not nor will assent to them swearing to the Truth of them will be to no purpose So it is of the Consequence of Speech and Actions if another be not convinced from the Reason of such Consequence or Inference swearing it to be so will never do it But though sensible Things Speech and Actions
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
any Consideration of the dreadful Consequences it has brought upon the Nation both within and without or in another Temper than the Parliament was in in the twelfth Year of the King when they passed or confirmed this Law without any consideration of Times whether in War or Peace II. If the Act of Navigation had been in general a good Law yet Times must be distinguished and in War Civil Laws are silent so that for the Preservation of the Publick the King may destroy particular Mens Interest as in case of firing the Suburbs of a City to preserve the City and destroy the Fruits of the Ground rather than these shall sustain an Enemy to the endangering the whole Nation but it was much more reasonable for the King to grant Liberty without any Destruction or Wrong to his Subjects to dispense with the Act of Navigation and give all Foreigners Liberty to import Gunpowder and all sorts of Naval Scores c. for the Nation 's Preservation in the time of War with the Dutch And I say it was Prudence in Oliver tho in time of Peace to dispense with the Act of Navigation in reference to the Trade to Norway and Sweden after the Norway Merchants had represented to him how grievously the Norwegians by this Act imposed upon not only the English Subjects but upon Oliver himself in building and fitting up his Men of War 2. The second better Act of King Charles was his dispensing with the Law against Foreigners partaking the Benefits of the natural-born Subjects of England by permitting Brewer and his Walloons tho Papists after they fled from the Rage of the French Ravages in Flanders in 1667 to plant and settle themselves in the West whereby the English became instructed how to make and dye fine Woollen Cloths 30 per Cent. cheaper than they could before and herein the King imitated two of his most glorious Predecessors that ever reigned in England I mean Edward III. and Queen Elizabeth Princes who no ways affected Tyranny or Arbitrary Power I say the King might justly and legally do this for tho the King cannot dispense with Laws which have a complicated Interest with himself and Subjects to the Wrong of his Subjects yet the King may dispense with those Penalties which properly belong to him even in criminal Cases as to the Life and Estate of an Offender and therefore much more where there is no Offence and the End for the publick Good as in this Case of Brewer and all other Foreigners the Penalty is if they trade they shall pay Strangers Duties but this is to the King and if he pleases he may take to other Duties than his natural-born Subjects pay whereby the Foreign and Fishing Trades which are carried on in Holland might not be carried out of England and thereby the Navigation of England become double or treble to what it now is and the ruined and even desolate Coast-Towns of England flourish as Hamburgh Amsterdam Gottenburgh Diep St. Maloes and other Ports Would not this be not only for the enriching but strengthning the Nation and that in a double Proportion for we should be so much more rich and strong here as other Nations would be less and in a worse state to make War upon us Nay should we only make our Ports free as Leghorn Marseilles and as of late the Pope has Civita Vecchia would not the Nation be so much more enriched as the Goods imported are more I would know from whence else it was that France became so enriched above all other Countries for Mines they have none but from the vast Trades the English Dutch Swedes and Danes drove in France And suppose the King should dispense with Foreigners purchasing Lands in England and not take them as he may do if he pleases whereby Millions of Money would be brought into England the Lands we shall have still and would not the Nation be so much more enriched hereby as the Purchase-Monies are more And would not the Nation be so much more peopled and strengthned as the Purchasers are more and the King's Revenue by Excise and Customs so much more encreased as the Consumption of these and their Descendants shall be more Merchants to enrich themselves and the Nation run great Hazards and are often undone in their Merchandizing whereas the Nation nor any Man else runs any Hazard by Foreigners purchasing Lands in England Ambitious Princes to acquire more Subjects run great Hazard and destroy and make Men miserable and ruin Countries to accomplish their Designs whereas none of these attend the Permission of Foreigners to trade and inhabit among us and when they are once settled theirs and the Nation 's Interest will be the same and both alike obliged to defend them Xenophon in Cyropaedia says That by reason of the Goodness and Justice of Cyrus's Reign many Nations became his Subjects Will any say Cyrus was less a King hereby Or should we be less a Nation if by the Benefit of our many Advantages in Trade we should by others encrease our Trade which we cannot of our selves Nay should we not so much more enrich and strengthen our selves When I consider these things I wonder Foreigners should be at such Charges to purchase their Freedom by an Act of Parliament whenas the King may do it if he pleases unless it be that their Posterity shall not inherit but if the King may permit Foreigners to purchase without taking the Forfeitures or grant them a Licence to purchase he may grant them a Licence to settle their Estates as they please 3. The third good Act of K. Charles was his marrying the late Queen to his present Majesty tho by the manner of it it seems to me he did it by Surprize and I 'm apt to believe if he could well have come off from it again he would as appears by the Story 4. We may add this fourth That he bred up the late Queen and her Sister after the Religion of the Church of England A DETECTION OF THE Court and State of England DURING THE REIGN OF King JAMES II c. BOOK V. WHAT before King Charles II. acted in Masquerade King James did bare-fac'd and here you 'll see how plain and easy a Passage the Absolute Will and Pleasure-Men and Passive Obedience-Men had made for this King to overthrow the whole Church and State of England and by what steps he proceeded in it the King's Speeches looking one way and he going quite contrary Upon the 6th of February in 1684 85. the Day of his Brother's Death the King declared in Council That since it had pleased God to place him in that Station to succeed so good and gracious a King as well as so kind a Brother that he thinks fit to declare his Endeavours to follow his Brother's Example more especially in that of his great Clemency and Tenderness to his People and make it his Endeavour to preserve the Government both in Church and State as it is by
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
Service and that all the Bishops in their respective Diocesses should take care to have this done accordingly The Bishops who knew the Declaration of Indulgence was designed to conjoin the Protestant Dissenters with the Popish to ruin the Established Church easily foresaw that the Order to them was to pick a Quarrel with them for the King might have ordered it to be read without as well as by them And besides the Injustice of it it was deemed an undecent thing that the Fathers of the Church in time of Divine Setvice should be the Instruments to give a Liberty to all whether they should come to Divine Service or not Besides the Bishop of London who stood suspended thes Bishops viz. the Archbishop of Canterbury the Bishops of Bath and Wells Ely Peterborough Chichester St. Asaph and Bristol were in or about the Town and this Order of Reading the Declaration in Churches was served upon them The Bishops in a humble Petition to the King gave their Reasons in Writing but so cautiously that after it was drawn up they would let no other Man see it before they presented it why they could not comply with the Order of Council The Chancellor tho he thought his Commission big enough to suspend the Bishop of London and Vice-Chancellor of Cambridg and expel the Master and Fellows of Magalen College in Oxford yet it seems did not think it sufficient to suspend these Bishops and therefore advised the King 't was said to try them upon an Information of High Misdemeanour in the King's Bench and in order to it they were committed Prisoners to the Tower Accordingly the Bishops were tried in the King's Bench in Trinty Term following upon an Information of High Misdemeanour for their Petition to the King but how secure soever the King and Chancellor thought themselves of the Judges and tho Sir Robert Wright who was Chief Justice and Sir Richard Allibone a known Papist were two of them yet they were not all of a Piece for Mr. Justice Powel both learnedly and stoutly defended the Bishops Cause If we look down to the Bar we shall see as strange a mixture as in the Bench for the late Attorney-General Sawyer and Solicitor Finch who were so zealous to find my Lord Russel Colonel Sidney and Mr. Cornish c. guilty of High Treason and for Surrender of Charters now they are turned out are as zealous for the acquittal of the Bishops and the then Solicitor-General of a most zealous Prosecutor of Abhorrers and Searcher into the bottom of the Popish Plot as zealous for finding their Misdemeanour However the Jury acquitted the Bishops Unless it were when Monk came into the City the 12th of February 1659-60 and Colonel Cloberry told the Citizens at Guild-Hall they should have a free Parliament or when King Charles came into London the 29th of May following never were such loud Acclamations of Joy exprest as upon the Acquittal of the Bishops nor did the Bounds of the City terminate this Joy but it flew like Lightning to Hounslow Heath where the King would be present to see the Army exercised wherein he trusted more than in Justice and Righteousness to accomplish his Design It seems the King was treated that Day by my Lord of Feversham General of the Army in his Tent when the News of the Bishops Acquittal arrived at the Army which entertained it with a general Shout the King 't was said was startled at it and sent the Earl to enquire the Cause the Earl in return told the King 't was nothing but the Souldiers Joy for the Acquittal of the Bishops And call you that nothing replied the King who was much discomposed upon it and well he might for now he saw how little Confidence was to be imposed in the Army he so much relied upon It 's a Duty incumbent upon Mankind to honour and worship God and give him Thanks for the Benefits received from him and to petition and pray to him for continuance of them Next after God it 's the Duty of all Subjects to honour the King for the Benefits they receive by his Justice and Protection and to petition and pray Relief from him for Oppressions and Injuries which cannot be redressed by the ordinary Course of Law or where the Ministers of the Law either cannot or refuse to do Justice It 's therefore the Wisdom of our Constitution that Parliaments frequently meet not only to receive Petitions against Oppressions or Injuries received which were not or could not be redressed by the King's Ministers of the Law but also to correct and punish the King's Ministers themselves if they transgressed or neglected their Duty But tho frequent Parliaments are the most proper Expedients for the Subjects herein yet oftentimes Accidents may be which will not stay for relief by Parliament as in Case of the Bishops In May they are ordered to have the King's Declaration of Indulgence read in all Churches and Chappels of their respective Diocesses and to do it and to give no Reasons why they could not do it would have been a manifest Contempt of the King's Authority they could not do it either in Honour or Conscience and by an humble Petition and Address represent this to the King and for ought appeared then the King never intended to call another Parliament till he had modelled them as much to his Will as Cromwel did Barebone's Parliament This Petition is made a High Misdemeanour and the Bishops committed upon it and Father Petre the Club of Jesuits the Attorney and Solicitor-General Graham Burton c. are all plotting how to make it so So as now the Kingdom is without all hopes of a free Parliament and yet it is a High Misdemeanour to address to or petition the King And that this Order upon the Bishops to enjoin the Reading of the King's Declaration for Indulgence was a Design upon their Persons as well as upon the Church is apparent for after their Acquittal Orders from the Commissioners of Ecclesiastical Affairs were sent into all parts of England to return an Account to the Lord Chancellor of those that refused to read the Declaration of Indulgence that they might be proceeded against for their Contempt but the Reign and Rage of these Commissioners was too hot to last long and now let 's see what return of Praises and Thanksgivings the Bishops can make to God for their Deliverance God requires Truth in the inward Parts and that it should govern all the Intentions Speech and Actions of every Man in his Conversation with Man yet more in his Prayers and Petitions to God and if it be an High Crime of Hypocrisy to speak or act contrary to a Man's Knowledg or Belief for the end designed thereby is to deceive another though God cannot be deceived it 's a greater Crime to approach his Omniscience with Prayers and Petitions contrary to a Man's certain Knowledg or firm Belief I take it for granted that the Bishops understood the King's Declaration
and found the Captain on Board and falling into discourse with him among other things I told him how scarce Timber was in Suffolk but I hoped it was not so in the West he told me it was much less there than in the East and that he was forced to get Timber for building the Frigat from beyond Worcester which was above fifty Miles from the Place yet the Forest of Dean between which Queen Elizabeth called one of the Nurseries of her Navy Royal. About five Years since one Captain Frame undertook to build two Men of War for the King and he bought Timber for building them in Norfolk and Suffolk near 20 Miles from Great Yarmouth from whence it was carried to Hull by Water to him and I have a Tenant in Suffolk who contracted about three Years since with Timber-Masters to be paid Sixteen Shillings a Load or Tun for carrying of the Timber for the Dock at Ipswich to build their Ships which is I am confident more than the Dutch pay for their Timber delivered at their Docks down the Rhine and Maes Objection But if the English buy Ships for the Foreign Vent of our Manufactures our Ship-Carpenters will be undone for want of Imployment Answer So here the Interest of Ship-Carpenters is opposed to the Interest and Safety of the Nation but if these built Ships as good and convenient as other Nations the Merchants would not look further but is there any reason because they cannot do it the Nation must be undone let them continue building Ships for New-Castle still and they know no better yet this is observable that though our English Builders in this Trade have had a Monopoly in it above these Hundred Years yet having no better Skill in it and being too wise to be instructed at last about six Years since they found out that it was better to build them somewhat longer yet these are the Artists our Merchants must trust to and no other I am confident that the French King understands the Advantages France reaps by the Act of Navigation and that this was the Reason King James in his last Declaration promised to observe this Act inviolably Expedient XIII That the foreign Vent of our English Manufactures and the Product of our Plantations be as free to the English in all Trades as they are to Spain and Italy When any Man shall give a rational Answer to any of those manifold Reasons given by 3 Jac. 6. for the Freedom of Trade to Spain c. I will recant all which hath been said in any of these Expedients or that there are not the same Reasons for the Freedom of the English in venting our Manufactures and Product of our Plantations in all our foreign Trades as well as to Spain except to Holland who by the Cheapness of their Navigation may vend them again cheaper in Muscovy all the Countries and Kingdoms within the Sound and also to Spain Portugal Italy and Turkey than the English can by their Navigation but this is yet but problematically said not granted But in case the English Navigation were as free and easy as it is in Holland then the Question would be at an End I do not speak this against the English trading in Consort or Companies for I know many Trades may be better carried on in Companies than by particular Men but against the Usurpation and Tyranny of Companies who because they trade therefore no other English shall and this I say that if Companies as the Turkey Company which of all others is least liable to Exception carry on their Trades best for the Interest of the Nation no particular Merchant could set up in competition with them but if they leave Room enough for the Dutch the French and Venetians to trade to Turkey with their Woollen Manufactures why should any English Merchant not of the Turkey Company be excluded herein yet these Trades free to other Nations The East-India Company by their Charter claim a Liberty of Trade exclusive to the rest of the Nation from the Cape of Good Hope to the North of China which if you take in both sides of the Red-Sea and Gulph of Persia and the Circuits of the Islands between the Cape of Good Hope and the North of China is above half the Circumference of the Earth So do the African Company from the Kingdom of Morocco to the Cape of Good Hope which if you take the Coast of Africa as it lies is more than a Quadrant of the Circumference of the Earth so that these two Companies claim a Trade exclusive to the English of above 3 4 of the Circumference of the Globe of the Earth and if they had Power as great as their Claim they might give Laws to all the Princes of the World as well as their poor fellow Subjects and it may be a Question whether they would use them better And is not the Hamburgh Company broke And have not the East-Country Company upon the matter lost our Trade into the Sound which within these sixty Years was the best Trade the English had for Woollen Manufactures in the World Expedient XIV That the Customs upon the French Wines consumed in England be 1 3 more than upon Portugal Spanish and Italian Wines whereas the Duties upon these are 1 3 more than upon the French because our Trades to Portugal Spain and Italy are beneficial Trades to the Nation which by the Abatement of these Duties may be increased whereas by the Ballance of our Trade with France taken in the eighth Year of King Charles the Second the Nation lost near a Million yearly in their Trade with France Expedient XV. That the Duties imposed upon Salt Wines and Brandies be paid by the first Buyer after they are imported and not the whole Cargo charged upon the Merchant so that what is not consumed may be exported again The Reason of this is that so much more as Ships are fuller fraught so much cheaper will the Navigation be not only of these but of all other Merchandize which compound the Fraight of the Ship and hereby the Dutch besides the Cheapness of their Ships by compounding their other Merchandize with Salt Wine and Brandies which they import cheaper than the English make all their Trades to Muscovy and all the Countries and Kingdoms within the Sound so much more easy and cheap as their Vessels are more full fraught by these Objection If Salt Wines and Brandy imported may be exported again the King will lose his Customs Answer I say not at all for how do they do in Holland and by the 4 Jac. 2. the additional Duties upon Tobaccos and Sugars are paid by the first Buyers and by charging the whole Cargo these are damned to a Consumption here in England and if you did not the King shall be paid for all that is consumed On the contrary I say the King is more secured of his Duties hereby than if the whole Cargo be charged for let the Penalty stand that
Indulgence to be read in Churches 644. Jefferies the Commons Votes against him 556. Releases the impeached Lords 611. His savage Cruelty in the West c. 613 620 621. Is made Lord Chancellor 630. Jesuits their Projects in England 200 201. for which some were taken yet releas'd by the King 201. Ignoramus the Play 74. Ingoldsby sent against Lambert 420. Inoiosa Spanish Ambassador presents the King a Paper against the Prince and Buckingham 130 132. which much perplexes him 132 133. Johnson Mr. Samuel whipt for writing an honest Address to the English Army 638 639. Jones Sir Tho. his Thoughts of a Dispensing Power 630. Sir Will. put out and for what 546. Ireland how bounded c. 12. A horrible Massacre there 277 343. Another design'd 448. and a Rebellion in Conjunction with the French 472 533. K. James's Proceedings there 624 625 632 641. Irish Cattle Act to prohibit their Importation with 9 Observations upon it 462 467. Is made perpetual 559. Judges their Opinion for Ship-Money 258. Those made by Char. II. 501. Juries hated by Cromwel 400 401. Are pack'd to murder honest Men 601 602 611. Jurisdiction of Parliaments discust in relation to Fitz-harris 588 590. Jus Divinum 330 332 544. Juxton Bishop of London made Lord-Treasurer 265. K. KIngs their divided Will against Law 5. Never parted with Parliaments in Disgust till the Stuarts 205 267. Not wont to be present at Debates in Parliament 502. Never speak but in Parliament or under the Great-Seal 568. Kirk Maj. General his barbarous Inhumanity at Taunton 622. Kirk-Party strict with James VI. 34. Mind the King of his Covenant 443. See Scots L. LAmbert turns against Cromwel 399. After against his Son 406. Is made Lieutenant-General 408. Petitions the Rump 409. Is turn'd out by them ib. and after turns them out 410. Marches against Monk 412 414. Is sent to the Tower 416. Is routed and taken Prisoner 421. Langdale Sir Marmad his Success for the King 309. Is discontented 311. Laud his Rise and Character 122 123. Puts the King on altering Religion in Scotland 122 123 242 255 256 260. Gets a Bishoprick by playing the Spaniel 123. His ways to ruin Bishop Williams 124 239. Proves a Firebrand c. 157 166 167 226 239 242. Is made Bp of London 226. Favours Popery 231. His great Care of the Church 167 227 241 242. Prosecutes his Injunctions concerning Ceremonies with great Severity 254 255 257 258. Quarrels with the King about visiting the Vniversities 256 257. Procures an Alteration in the Church of Scotland 262 263. Lauderdale some account of him 441 442 454. Is bitter against the Presbyterians in Scotland his Highland Government there 490 491. Laws c. ought to be in the Mother-Tongue 363 404 405 665. Lenthal made General by the Rump 408. Lestrange Roger Champion of the Tory-Cause 500. Is employ'd to ridicule the Popish Plot 545. Levellers in the Army 318. Liberty of Conscience to be continued 662. See Dissenters and James II. Lindsey Earl sent to relieve Rochel but in vain 225. Lisle Lady her unparallel'd Case is basely murder'd 620. London on ill Terms with the King 272. yet lend him Money 273. Raise Souldiers under Waller c. 321. In Confusion 414. Join with Monk for a Free Parliament 419. Is set on fire 461. See Hubert Long Mr. sentenc'd in Star-Chamber 234. Lorain Duke basely dealt with by the French King 474. Lords five impeach'd by the Commons 535. See Jefferies Lowden Chancellor of Scotland his Speech concerning Cromwel 303 304. Ludlow deposes Henry in Ireland 408. M. MAckenzy Sir Geo. pleads against the Earl of Argyle 584 585. Magdalen-College Story 640. Mansfield denied landing at Calais contrary to Agreement 146. Manwaring for the King 's absolute Power 197. Impeach'd by the Commons and sentenc'd by the Lords 214 215. Is promoted by Laud 227 256. Marriage with France see Charles I. Marsilly murder'd at Paris to the Dishonour of K. Charles 479. Marston-Moor Fight 307. Maurice Prince for the King 298. Is lost in the W Indies 327. May Tho. Esq his Treatise of the Civil Wars disprov'd 280 295. Mazarine turns K. Charles c. out of France 383. His Success against the Pr. of Conde 388 389. and Loss at Ostend 402. Opposes K. Charles's Restoration 421 422. Meal-tub-Plot discover'd 546. Militia who shou'd have the Power of it the chief Cause of the War 296. Whether it belongs to King or Parliament ib. 329. Mombas betrays the Dutch 484 486. Monk takes Sterling-Castle and Dundee 347. Complies with Cromwel 359. Engages the Dutch 356 371 372. Is caress'd on his Victory 373. Sent to Scotland 383. His Pedigree and Story 384 385. His Regency in Scotland 410. Is much courâed secures Berwick 411. His ill Success treats with the Committee of Safety but displeas'd with the Agreement with a Story of him 412 413. Sends to Fleetwood summons a great Assembly at Edinburgh abjures K. Charles 413. His Success 412 416. Is declar'd for in Ireland 412. Marches to London is addrest for a Free Parliament 416. Is carest by the Rump his Speech to them 417. Pulls down the Gates of the City sends an angry Message to the Rump 418. Declares for a Free Parliament at Guild-hall and restores the secluded Members 419. Meets the King at Dover and is made Knight of the Garter 426. Monmouth Duke sent against the Covenanters 543. 'T was believ'd his Mother was married to the King and why 544. Is unjustly put to Death 619. Monopolies injurious 55 56 65. Montross for the King 313 315 316. Is routed and executed 344. Morley Col. Herbert secures the Tower for Monk 418. Mountague accus'd by the Commons of Arminianism 166. Is favour'd by the King 166 167 171 226. Impeach'd by the Commons for favouring Popery 180 183 226. Made Bp of Chichester 226. and after of Norwich 227. Holds Correspondence with the Pope 273. Muscovy the Czar revokes the English Privileges on K. Charles's Death 350. N. NAseby Fight 311 312. Navigation-Act made by the Rump 350. Its Inconveniences 364 367 391 455 653 658. Nayloâ James his Blasphemy 396 Newberry first Fight 299. Second Fight 308. Newfoundland Fishery how the French got it from us 390 391. North Sir Francis a Tool in the late Times 592. Promoted 603. Northampton Earl concern'd in Overbury's Death see Carr and Overbury Yet in favour with the King tho a Papist 72 73 Incourages the Irish Papists 74. November 5. appointed an Anniversary Thanksgiving 58. Noy Mr. against the Court 208. Is taken off by being made Attorney-General 243. His Pretence for Ship-money c. 252. O. OAtes Dr. first discovers the Popish Plot 532. His excessive Fine 610. Indicted of two pretended Perjuries 610 613. His barbarous and illegal Punishment 613. Oaths Remarks on that of the Scots Covenant 368 438. on the Convocation-Oath 369 438. on the Corporation-Oath 431 439. Orange Prince General for the Dutch 486. Declar'd Stadtholder is courted by the French King his noble Answer to his Proposals