to support his Crown and Dignity but by how much he became lessened hereby the Nobility became so much greater and to support themselves held a Correspondence with Queen Elizabeth who tho she countenanced the Nobility yet she allowed the King a yearly Pension of 4000 l. per Ann. I have heard and believe it in his Minority and 10000 l. per An. after he came to age and hereby kept both the King and Nobility depending on her As the Nobility in his Minority made him so poor so the Kirk-party justled him in his Throne by making themselves a distinct Table from the Secular or Temporal Power not only in Matters purely Spiritual but in holding General Assemblies and all Matters which related to what they pleased to call The Kingdom of Christ and were so zealous I will not say Rude herein that they made it a Duty incumbent upon the Temporal Power to pass the Acts of their General Assemblies into Laws And in truth they expressed but little Civility to the King in whatsoever they applied themselves to him as if it were his Duty to do whatsoever they would have him and without his Consent and even to cross him would ordain Fasting-days and sometimes upon Sundays And hating Episcopal Government it was very troublesome to the Regents in his Minority as well as to the King to retain the Name of a Bishop after they assumed to themselves the Power Queen Elizabeth was no better Friend to this Kirk-party than the King though she winkt at it and was the more provoked against it by Knocks his Book which he wrote against Gynarchy and from hence it was King James took the easier Impression of Flatterers and was so zealous a Defender of Bishops that in a Conference at Hampton-Court in the first Year of his Reign he held it for a Maxim No Bishop no King The Tears which all true English shed for the Death of Queen Elizabeth who died the 24th of March 1602. were soon wiped off by the Accession of King James to this Crown the antient Feuds between the Nations of England and Scotland were reconciled and John Stow in his Annals of the first of this King gives a particular Account of his most magnificent and joyful Reception day by day from Berwick to London yet with this Blot in his Scutcheon that when he came to Newark he first discovered his Disposition to Arbitrary Government for being told that one had cut a Purse at Newark the King without any Legal Process or the Defence of the Party signed a Warrant to the Sheriff of Lincolnshire to hang him which was executed accordingly This put no Check to the Jollity of the People but the nearer he came to London the greater was the Concourse and Acclamations of the People tho by his Proclamation of which never any Prince was so prodigal and wherein he continued to his dying Day he had forbid it because it raised so much Dust as proved troublesome in his Passage and upon the 11th of May he came to London where being a Prince above all others addicted to Hunting as his first care upon the 16th of May issued out another Proclamation forbidding all manner of Persons killing Deer and all kinds of Wild-fowl used for Hunting and Hawking upon Pain of the several Laws and Penalties to be executed upon them The gazing World abroad were astonished at this King 's peaceable and joyful Settlement in England and were as forward to Congratulate him in it as his Subjects were to receive him and herein the Dutch being Merchants were the first that addressed themselves to make their Market of him and sent over the youngest Son of William Prince of Orange one Fulk and Barnevelt who in the Reign of Queen Elizabeth lay covered in his Faction at Amsterdam as Tortoises do under Ground in the Winter now the Dutch designing to make their Harvest in this King's Reign came abroad as Tortoises do in the Spring to dispose him to it but the Dutch needed not have been so forward herein for the King was environed with those which should do their Work better than Barnevelt could have done it The Spaniards after the Loss of their Armada in 1588 and the Loss sustained in the Sacking of Cadiz in 1595 declined as fast in Power and Reputation as the Dutch grew greater both in Europe and the West-Indies But Philip the 2d dying about three Years before Queen Elizabeth the former Feuds between her and Philip became much abated and Philip the 3d. succeeding a young Prince Nani says of singular Piety he means devoted to the Romish Superstition but wholly unacquainted with Government and contenting himself with the Royal Dignity left the Power to his Favourites and Ministers and of whom Nani in his fourth Book Anno 1621 makes this notable Remark as to his Death That it remained a Doubt whether in an Age proclaimed by the Wrath of Heaven to the Mockery of Favourites the King would not have taken upon himself the Government when Death in the 43d Year of his Age takes him away from the Troubles which Empire carries with it His Years surely would have been more memorable if he had been born a private Man rather than a King because being better adorned with Ornaments of Life than endowed with Skill to command as Goodness Piety and Continence placed him in an higher degree than ordinary Subjects so his Disapplication to Government rendred him lower than was fit or necessary By publick Defects private Vertues being corrupted and in particular keeping his Mind in Idleness it was believed that he reserved nothing to himself to do but to consent to all that his Favourites had a mind to Thus the Government of the World recommended to Princes as the true Shepherds falls into Mercenary Hands making themselves not understood but by the sound of the Voice of Interest and the Authority of Ambitition the People suffer Ruin and Calamity and the Princes themselves render an Account to God of that Talent which they have suffered their Ministers to make Merchandise of It is certain Philip in the Agony of his Death was not so much comforted with calling to mind his innocent Life as he was troubled with the Sting of Conscience for his Omissions in Government This Character how parallel soever it was with King Charles the First tho I do not find he had any Sting of Conscience for his Omissions and Transgressions in Government which brought upon himself and the Nation all the Miseries and Calamities of the late Civil Wars and wherein he persisted to the last bears no Proportion to the voluptuous and dissolute Life of King James accompanied with his profane Swearing in Passion and even in his usual Conversation whereby he became not only contemptible but by his Example the generality of the English Nation became debauch'd in their Manners and Conversation to the Scandal and Contempt of it in other Nations The Death of Philip the 2d made the Passage to a
the Occasion Somerset gave of Villiers's Rise and of his own Fall Somerset was of mean and scarce known Parents and as he was endued with no natural Parts so neither had he acquired any being brought up and bred a Page at Court hereby he became as little capable of demeaning himself in Prosperity as Adversity After Sir Overbury's Confinement he gave himself up wholly to be govern'd by Northampton and soon after his Marriage he fell into an universal Solitariness and Sadness so that it was much taken notice of which Northampton observing and judging not unlikely that the Cares of Somerset did arise from his Fears of the Discovery of Overbury's Death wherein they were both deeply ingaged which if it should come to pass they had no other means to secure themselves but by making themselves so great as to oppose all who should charge them with it or else by being Catholicks they might draw all that Party to assist them and in these they both agreed and to make Matters more perplext Northampton by one Hamon did encourage the Irish to continue firm in their Religion assuring them that God would one way or other protect his Church and that now the greatest Favourite in England would stand firm to them and also give Incouragement to the Papists in the North to meet openly at Mass and foment the Feuds between the English and Scots the English murmuring at the King's Favours more to the Scots than them If I have erred herein the Writer of the historical Narration of the first fourteen Years of King James's Reign cap. 30. led me into it This sullen Humour of Somerset's little suted with the King 's liking being before better pleased with Somerset's Gaiety in humouring him in all his Pleasures After Northampton's Death he was left alone to himself and all Northampton's Designs died with him and then Somerset having forsaken all Men and being forsaken by them appeared in his own Nature without any Disguise wretchedly penurious and intolerably covetous There was no coming at the King's Ear but by him nor any coming at him but by excessive Bribes and as the King began to loath him so all Men detested and hated him So it was every Bodies business to out Somerset and bring young Villiers into the King's Favour All the Court took notice of the King's Affection to young Villiers and the Queen observed it and Villiers not to be wanting to himself daily appeared at Court There was but one Obstacle to be removed and the Way was plain and easy for Villiers to be the King's Favourite the King would receive none into Favour but who was first recommended to him by the Queen and the Queen had observed something in young Villiers which she utterly disliked and how to get the Queen to recommend young Villiers to the King was the only business to be done The Queen a Princess of rare Piety Prudence Temperance and Chastity had a great Veneration for the Arch-Bishop of Canterbury Abbot and the Arch-Bishop as much an Aversion to Somerset not only for his Marriage with the Countess of Essex but for his other detestable Qualities so that the Arch-Bishop was the only Instrument which was judged could move the Queen to recommend young Villiers to the King It was no great difficulty to persuade the Arch-Bishop to undertake this Business being of himself disposed to it but when he propounded it to the Queen she was utterly averse from it having before been stung with Favourites but by her Observation of Villiers she told the Arch-Bishop she saw that in that young Villiers that if he became a Favourite he would become more intolerable than any that were before him Hereupon the Arch-Bishop declined the Business but Somerset declining daily from bad to worse the Arch-Bishop was again prevailed upon to move the Queen to recommend young Villiers to the King which he did with more Importunity than before urging Somerset's intolerable Pride and Covetousness and that he observed a good Nature and gentle Disposition in Villiers so that some Good might be hoped from him which could never be expected from the other at last the Queen assented to it but withal told the Arch-Bishop he among the rest would live to repent it After Villiers was recommended by the Queen it became out of her Power and the Power of the Kingdom to get him out of the King's Favour or his Son 's after him and the Arch-Bishop himself shall find the Queen to have been a true Prophetess however at first Villiers acknowledg'd his Favour with the King to have its Original from the Arch-Bishop called him Father and protested to be governed by him before all other Men and the Arch-Bishop gave him some Lessons to observe towards the King and Queen which Villiers repeated to him and promised to observe which you may read at large in the first part of Mr. Rushworth's Collections in the second Year of King Charles the First written by the Arch-Bishop In the beginning of Mr. Villiers's coming into Favour he was affable and courteous and seemed to court all Men as they courted him he promoted Mens Suits to the King gratis which Somerset would not do but for great Sums of Money and hereby Villiers stole all the Hearts of the Courtiers and Petitioners to the King from Somerset who was now wholly forsaken by God and all Men. Somerset thus forsaken of all Men and stung in Conscience for the Death of Overbury and finding a Rival in the King's Favour seeks by that small Portion which he had left to procure a general Pardon from the King to secure him in his Life and Estate which was far the greatest of any Subject in the King's Dominions and to that purpose applies himself to Sir Robert Cotton to draw one as large and general as could be which Sir Robert did wherein the King should declare That of his own Motion and special Favour he did pardon all and all manner of Treasons Misprisions of Treasons Murders Felonies and Outrages whatsoever by the Earl of Somerset had been committed or hereafter should be committed and this Pardon the King signed But Somerset grasping at too much lost all for my Lord Chancellor Egerton refused to seal the Pardon Somerset asked him the Reason which the Chancellor told him was because if he did it he should incur a Praemunire and this the Chancellor told the King who was not displeased with it So that now all Hopes of Pardon for Sir Overbury's Murder failing he had recourse to other Artifices of suppressing all Letters which passed between him the Countess and Northampton either to Sir Thomas the Lieutenant or any of the Prisoners and to make away Franklin the Apothecary who was fled into France and had given Sir Thomas the Glister which dispatcht him but that which Somerset design'd for his preservation 't was thought proved his Overthrow but this was the Product of next Year 1615 being the 13th of the King Tho Villiers
Peace in all his Dominions when all our Neighbours about are in a miserable Combustion of War but Dulce Bellum inexpertis 5. That he had ever professed to restore his Children to their Patrimony by War or Peace and that by his Credit and Intervention with the King of Spain and Arch-Dukes he had preserved the lower Palatinate from the farther conquering for one whole Year and that his Lord Ambassador Digby had extraordinarily secured Heidelburg 6. That he could not couple the War of the Palatinate with the Cause of Religion and that the War was not begun for Religion but only by his Son-in-law's hasty and rash Resolution to take to himself the Crown of Bohemia and that this Usurpation of it from the Emperor had given the Pope and that Party an Occasion to oppress and curb many thousands of our Religion in divers parts of Christendom Here I desire that the Reader take notice of the Case of the Bohemians as it is set forth by Baptista Nani fol. 126. Anno 1618 after they had Liberty of Conscience granted them by Rodolph the Emperor and that Ferdinand had no colour of Title to the Kingdom of Bohemia but as he forced the Emperor Matthias to surrender it to him Ferdinand says he bred up in the Catholick Faith detested all sorts of Errour and therefore by how much not succeeding to the Father he found the Patrimonial Countries incumbred with false Opinions so much more with signal Piety had he applied himself to promote the true Worship with such Success that at last those Provinces rejoiced to be restored to the Bosom of the Antient Religion But this was not without some Sort of Severity so that many not to leave their Errours were constrained to abandon their Country and sell their Estates living elsewhere in Discontent and Poverty and others driven away by force and their Estates confiscate saw them not without Rancour possessed by new Masters and all this done in the Life of Matthias So that Ferdinand as his Title was Vsurpation and Force so was the Exercise of it Tyranny in the highest Degree to the Overthrow of the Bohemian Laws and Liberties therefore the Original of the Bohemian War was not founded in the Election of Frederick to be King for Ferdinand perpetrated these things two Years before Nani goes on and says in the Empire therefore in which the Religion no less than the Genius is for Liberty there appeared great Apprehensions that where Ferdinand should get the Power he would exercise the same Reformation and impose a Yoke so much the more heavy by how much standing in need of Money and the Counsels of Spain he should be governed by the Rules and Maxims of that Nation so hateful to the Germans So that it was not the Election of Frederick to be King of Bohemia that opened that Gate for the Pope and his Party for curbing and oppressing of many thousand of our Religion in divers parts of Christendom as the King said for it was set wide open before by Ferdinand 7. That the Commons Debates concerning the War with Spain and Spanish Match were Matters out of their Sphere and therefore Ne sutor ultra Crepidaâ— and are a Diminution to him and his Crown in Foreign Countries That the Commons in their Petition had attempted the highest Points of Soveraignty except the stamping of Coin 8. That for Religion he could give no other Answer than in general that the Commons may rest secure he will never be weary to do all he can for the Propagation of ours and repressing of Popery but the manner they must remit to his Care and Providence 9. That for the Commons Request of making this a Sessions and granting a General Pardon it shall be their fault if it be not done But the Commons required such Particulars in it that he must be well advised lest he give back double or treble of that he was to receive by their Subsidy but thinks fit that of his free Grace he sends down a Pardon from the higher House containing such Points as he shall think fittest 10. He thinks it strange the Commons should make so bad and unjust a Commentary upon some Words in his former Letter as if he thereby meant to restrain the Commons of their antient Privileges and Liberties in Parliament wherein he discharges them from meddling with Matters of Government and Mysteries of State namely Matters of War and Peace or his dearest Son's Match with Spain or that they meddle with things which have their ordinary Course in the Courts of Justice That a Scholar would be ashamed so to mis-judg and misplace Sentences in another Man's Book for in the coupling these Sentences they plainly leave out Mysteries of State and so err a bene divisis ad mala conjuncta that for the former part concerning Mysteries of State he plainly restrained his meaning to the Particulars which were after mentioned and for the latter he confesses he meant it by Sir Coke's foolish Business and therefore it had well become him especially being his Servant and one of his Council to have complained to him which he never did tho he was ordinarily at Court and never had Access refused him Sir Coke's Business was a Conspiracy against him by my Lord Chancellor Bacon one Lepton and Goldsmith after he was discharged from being Chief Justice to have exhibited an Information against him in the Star-Chamber or have sent him into Ireland The Business was debated in the House of Commons but Sir Edward complained not nor appeared to speak in it If the King were uneasy with the Commons Remonstrance the Commons were not less with the King's Answer and at the Resolution taken at Court to adjourn the Parliament to the 8th of January next which the Commons took to be a Violation of their Privileges and an Omen of their Dissolution whereupon they entred this Protestation THE Commons now Assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Privileges of Parliament among others here mentioned do make this Protestation following That the Liberties Franchises Privileges and Jurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects of England and that the ardueus and urgent Affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and Redress of Grievances and Mischiefs which may happen within this Realm are proper Subjects and Matter of Counsel and Debate in Parliament and that in the handling and proceeding of those Businesses every Member of the House of Parliament hath and of right ought to have freedom of Speech to propound treat reason and bring to Conclusion the same And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such order as in their Judgment they shall think fittest And that every Member in the said House hath likewise freedom from all Impeachment Imprisonments and
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 Vollâ—cleer 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
to Trial and perhaps to Reproof and that I might render a Testimony of Authority to Posterity to write the Story of the present Age to the Age it self And I am not only induced hereto by the Authority of so noble an Historian but by the Reason of History For many Accidents and Circumstances which are no part of the Records of Time and which soon die and are forgotten are so interwoven in History as to make it entire and of one piece and which not only enliven it and create pleasure in reading of it but without them History becomes disjointed and is made up of broken pieces And I can in part say with the noble Nani and in his own words That to compose Histories is sacred and not to be undertaken but with an upright Mind and undefiled Hands and for that Cause the Memory of them was consigned to the Temple under the faithful Custody of the Chief Priests as the Witness or Trust of those that went before and the Treasure of those that should come after not to be handled but as a Religious Thing and with great Caution In sum the Historian taking to himself an absolute Dictatorship nay an Authority more than Human over Times Persons and Actions governs Fame measures Deserts penetrates Intentions discloses Secrets is with an undistinguished Arbitriment over Kings and People the Judg of Ages past and Master of those to come Absolves or Punishes Deceives or Instructs Whence not without Reason the Pen of Writers may be compared to the Lightning which striking out but one Letter from the Name Caesar Augustus made him a God because Praise is a thing so tender that one Dash makes Illustrious and a little Blot Infamous and the Censure of the World thereupon is so severe that it either consecrates to Eternity or proscribes to Infamy For my self I know not what else to wish but that every one would take upon him to read this Work with the same disinterested and innocent Mind with which I have wrote it confining my Confidence in this one thing that the present Age will not be so unjust to me nor so ungrateful to Posterity as to deny me the Opinion of Sincerity It was Nani's Felicity to write the Stories of the Times when the Prudence of the Venetian Senate not only preserved their State from the Tumults of War wherein Christendom was engaged but in a great measure was Arbitrator of it So that the Wars which Nani writes of were like Thunder afar off yet herein Nani expatiates his Story in a short time scarce 30 Years into a large Volume whereas without looking after any thing abroad but what relates to my Story I am contracted to the unhappy Story of my Native Country to shew from what Causes such a Train of Consequences have followed that England which before was the Ballance which turned the Scale of the Affairs of Christendom to that side it inclined not only fell from this envied Height and became the most despisable of all other States but sunk into the most miserable State of Abject and Pity I am the rather induced to write the Story of these Times because the Hackney-Writers of them at least those I have seen have not only taken things in the midst without assigning the Causes but being interested Parties their Writings have been either fulsom Flatteries or Invectives against one another tending to the fixing of the Distempers of the Parties without regard to the Publick or assigning the Cause of the Distempers But herein I except the Collections of Mr. John Rushworth who tho interested in the Factions of the late Times hath so faithfully delivered them over to Posterity and I could have wished tho I know not from whence he had it that he had not mentioned in that part of King James his Speech to the Parliament 18 Jac. that the Parliament is made up of the three States the King the Lords and Commons and this is the main part of his Collections which Franklin and Nalson so carp at yet both these differ not only from one the other in reciting it but from the Record of Parliament for I have perused them with it according to the Copy which Mr. Petit has taken For my part I can truly say that as I never complied with any of the Factions in the late or present Times so my Ancestors stood firm to the Laws and Liberties of the Nation and were Sufferers both before and in the late Troubles and Civil Wars and in these Circumstances I am less disposed to favour or fâ—atter any Party than another who is interested in any one of them I expect it will be objected against me that in writing this History I have sometimes been transported into an Heat unbecoming an Historian I answer that it may happen a Man may be angry and not sin especially when the Offence relates to the Dishonour of God the King or the publick Destruction or Distraction of the Country where Men are protected in their Lives Liberties and Fortunes but if I have erred herein I shall but be in the number of Lactantius who wrote the Relation of the Death of the persecuting Emperors of the Christians and of Suetonius and Tacitus It was the unhappy Fate of Europe that the Miseries and Calamities which succeeded the Divided Will of the four Kings of the Scotish Race from the Laws and Constitutions of this Nation were not terminated within the Limits of the Kingdoms of England Scotland and Ireland but were the occasion of the first Rise and growing Grandure of France through the boundless Ambition of Cardinal Richlieu and the present French King both by Sea and Land as well to the Terror of Christendom as of these Nations and this Story will in some measure trace the Steps of them This Treatise I suppose will displease two sorts of Men whom I will never take care to please One who exalt the Divided Will of the Prince above his Royal Capacity in governing by the Constitutions and Laws of the Kingdom The other those which are impatient under Regal Government and the Constitutions of this Kingdom I have been more particular herein because notwithstanding the Calamities which this Divided Will of the King had brought upon the Nation in the late Civil Wars and after yet after the Restoration of King Charles the 2d the Nation was more fiercely rent into Divisions under the Names of Whig and Tory than it was before the Wars and these last having the Dominion of the Press and Favour of the Court made it their business to irritate and provoke all others not of their Faction and if any opposed them by Writing when they could not answer to persecute them for printing without a Licence tho not unlawful in it self yet unlawfully printed ADVERTISEMENTS THE General History of England as well Ecclesiastical as Civil from the earliest Accounts of Time to the Reign of his present Majesty King William Taken from the most Antient Records
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
unanswerable Reasons of a National Interest and the manifold Inconveniences the incorporating those Trades in a Company brought to the Navigation of the Nation both in the Foreign Vent of our Manufactures and in their Returns to the Ruin of infinite Artificers Sea-men and Shipwrights and to the Diminution of the King's Revenue Whereupon these Trades were declared free and have ever since continued so to the inestimable Benefit of this Nation But tho the Reasons in this Act extend to all other Beneficial Trades as to Turkey the East-Country and Hamburgh Trades and to Africa and the East-Indies yet all these Trades are monopolized into Companies exclusive to other Men as much to the Prejudice of the Nation as the making the Spanish Trade free was beneficial to it About this time the Clergy at least a Faction which stiled themselves the Clergy made an Attempt to try how far their Doctrine of Absolute Power in the King had taken root in him they had gained their Point so far as the King had declared his Command to the Commons as Absolute King and now they 'll see whether the King would assert it and the Case was this Arch-bishop Whitgift a Prelate of singular Piety and Humility died the last day of February in the first Year of the King and Doctor Richard Bancroft a Man of a rough Temper a stout Foot-ball-player as zealous an Assertor of the Rights of the Church of England or rather a Faction of Church-men who arrogated to themselves the Title as Julius the 2d was of the Papacy exhibited to the King and Council 25 Articles in the Name of all the Clergy of England called Articuli Cleri which were desired to be reformed in granting Prohibitions tho there were a Parliament and Convocation then sitting which I do not find had any hand in it This Exhibition as it ascribed an Absolute Power to the King so it struck directly at the Constitution of Parliaments the principal End of which is to redress Grievances and Abuses in the Nation and if the King's Council during the sitting of a Parliament shall ascribe to themselves this Power then the great End of Parliaments redressing Grievances and Abuses is in vain However Bancroft herein not only makes the King's Council to have a concurring Power with the Parliament but paramount to it by exhibiting these Articles in the sitting of a Parliament and Convocation but the Judges gave so clear and distinct an Answer to them all that the King did not think fit to meddle in them yet did not Bancroft rest here as you will hear hereafter The Articles and the Judges Answer to them you may read at large in Sir Coke's second Institute tit Articuli Cleri Whilst Bancroft was thus ascribing to the King this Absolute Power and exalting a Faction of Church-men above the true State of the Clergy which is one of the three States of the Nation and above the Nobility and Commonalty which are the other two The Popish Faction were plotting a Design not only to destroy the Church of England but the very Person of the King with the Nobility and Commons convened in Parliament which was to have been executed upon the fifth of November following the day on which the Parliament were to meet The Popish Party hoped and it may be not unreasonably that the King in regard of his Mother's Religion was not averse to theirs so that if he became not of their Church which in his Speech at the opening the Parliament he owns our Mother-Church at least hoped to have their Religion tolerated whereas finding the King in his Speech after he had declaimed against the Heresies and Abuses crept into their Church and the Pope's having arrogated an Imperial Civil Power over Kings and Emperors by dethroning and decrowning them with his Foot and disposing of their Kingdoms and the Jesuits Practice of assassinating and murdering Kings if they be cursed by the Pope That so long as they maintained these they were not sufferable in the Kingdom From this time forward and it may be before a Popish Crew contrived how to bring in their Catholick Religion they cared not which way so it might be done At last it was agreed upon the opening of the Session of Parliament upon the 5th of November one part of the Conspirators should blow up the Lords House while the King Prince with the Nobility and Commons were in it having prepared all things in a readiness whilst another part should seize upon the Lady Elizabeth after Queen of Bohemia and proclaim her Queen But the Plot being discovered the Conspirators were defeated of both their Designs The Horror and Terror of this Conspiracy the Discovery whereof was industriously divulged and believed to be by the King 's great Wisdom and Care reconciled for a time all Differences between him and his Parliament and the Parliament to gratify the King the Clergy gave him four Subsidies at four Shillings in the Pound and the Temporality three Subsidies and â—ix Fifteenths which was threefold more than any Parliament in one Session gave Queen Elizabeth before that of the 35 Eliz. notwithstanding the Payment of her Father's Brother's and Sister's Debts her expelling the French out of Scotland the building and repairing the Navy Royal the Support of the Reformed in France the subduing the Rebellion in the North the Support of the Dutch in the Netherlands the Irish War and the Overthrow of the Spanish Armada in 88. The Parliament enacted the Oath of Allegiance which Bellarmine under the Name of Tortus wrote against and Andrews Bishop of Winton under the Name of Tortura Torti defended it The Parliament too ordained the Anniversary of the Fifth of November to be celebrated for a perpetual Thanksgiving-Day for the King and Kingdom 's Delivery from this Conspiracy All Heats about Prerogative and Privilege were now laid aside the Pulpits and our Universities rang with Declamations against the Heresies and Usurpations of the Church of Rome and now the King gave himself wholly to Hunting Plays Masques Balls and writing against Bellarmine and the Pope's Supremacy in arrogating a Power over Kings and disposing of their Kingdoms and thus the Case stood for four Years after wherein I scarce find any thing worth mentioning This and the next Year was almost wholly spent in Debates concerning the Uniting of the Kingdoms of England and Scotland which the King eanestly solicited and which ended only in Contests and Arguments for the House of Parliament refused to join with the King in it however the King obtained a Judgment in Westminster-Hall in a Case called Calvin's Case that the Post Nati in Scotland after the King's Assumption to the Crown of England were free to purchase and inherit in England But whilst the King was thus wallowing in Pleasure he wholly gave himself up to be governed by Favourites to whom he was above any other King of England except Henry the 8th excessively prodigal not only in Honours and Offices but of
next Year gave Reputation to these Rumours and here we end this Year 1615. being the thirteenth Year of King James his Reign Tho Turner Weston Elvis and Franklin were convicted and hanged last Year for the poisoning of Sir Thomas Overbury yet the Trial of the Earl of Somerset and the Countess was put off till the 24th of May this Year yet the Earl being a Prisoner and utterly cast out of the King's Favour the young Favourite Villiers having now no Competitor rose as fast upon the Earl's Ruin as he fell and began to appear in his own Colours from being Sir George and of the Bed-Chamber to the King in the beginning of the Month of January to be made Master of the Horse and upon the Conviction of the Earl and Countess the King seized upon the huge Estate of the Earl only allowing him 4000 l. per Annum during his Life as was said for the King reprieved the Earl and Countess too not only from Death but Imprisonment and the Earl 24 Years after saw his Daughter married to the now Duke of Bedford who proved to be the Mother of many Children whereof my Lord Russel cut off by King Charles the Second was one and a Lady of great Honour and Vertue The seizing of Somerset's Estate at present afforded a plentiful Harvest to our young Favourite and that proportionable Honours which were no burden to him might attend him upon the 17th of August he is created Viscount Villiers and Baron of Whaddon We will stay a little here and look abroad and see what Dishonour the King by his Prodigality to his Favourites and his ill Terms with his Subjects brought upon himself This Year seven of the twelve Years Truce made between the King of Spain the Arch-Dukes and the Dutch States in 1609. were worn out and now the Dutch hugely swelled their Tradeâ— not only in Europe and Africa but in the East-Indies and to Turkey but they could never be truly esteemed High and Mighty so long as the English possest the Brill Rammekins and Flushing which were the Keys of their Country and opened the Passages into and out of the Maese Rhine and Scheld They could not now pretend Poverty as they did to Queen Elizabeth for not payment of the Money with Interest upon Interest at 10 per Cent. which being two Millions when upon the Account stated between the Queen and them due Anno 1598. besides the Payment of the English in Garison in the Cautionary Towns this Year did amount to above six Millions of Money and how to get rid of this Debt and get the English out of the Cautionary Towns was the Design of Barnevelt and the States Barnevelt had his Eyes in every corner of the Court he observed the King was wholly intent upon his Pleasures exalting his Favourites and writing against Bellarmine and Peron against their King-killing and Deposing Doctrines and otherwise utterly neglected his Affairs both at Home and Abroad and by how much longer the King continued these Courses so much better might the States make a Bargain with him about restoring their Cautionary Towns but not as Merchants but Bankrupts The Truce between the Spaniard and them was above half expired and if the English should keep their Towns till the War broke out again the King might impose what Terms he pleased upon them Barnevelt also observed the ill Terms which the King was upon with his Subjects upon the Dissolution of the last Parliament about 14 Months before and imprisoning the Members for representing the Subjects Grievances which the King made worse by a Proclamation forbidding Men to talk of State-Affairs and that he doted upon and was wholly governed by Viscount Villiers a raw and unexperienced Gentleman in State-Affairs scarce of Age Upon these Considerations Barnevelt advised the States not to pay the English in Garison in their Cautionary Towns tho this was expresly contrary to the Agreement they made with Queen Elizabeth in 1598. The English debarred of their Pay apply themselves to the King for Relief the King was incensed at the Dutch and talked high what he would do but upon Repose he advised what to do the Lord Treasurer Suffolk told him there was no Money in the Exchequer to call a Parliament would be a work of Time and in the mean while the Souldiers in Garison in the Cautionary Towns must either starve or revolt besides the Wounds which the imprisoned Members had were so green that the Parliament in all likelihood would rather seek to cure them than supply the King's Necessities and starve or revolt the Souldiers might rather than the King would abate any thing of his Bounty to his Favourites Hereupon it was agreed That the King should enter into a Treaty with the Dutch concerning the Delivery of their Cautionary-Towns the Dutch expected it and had given Orders to their Ambassador here called the Lord Caroon to treat about it and what they would give the King must take and Caroon's Instructions were to give two hundred and forty eight thousand Pounds in full Satisfaction of the whole Debt which was scarce Twelve Pence in the Pound but was greedily accepted of by the King and his Favourites But how well this Agreement did sort with the Treaty made with the King of Spain and Arch-Dukes in August 1604 where in the 7th Article the King swears and promises in the Word of a King That in a competent time he would assign a Treaty with the Dutch States to acccept and receive Conditions agreeable to Justice and Equity for a Pacification to be had with the renowned Princes his dear Brethren which if the States shall refâ—se to accept his Majesty from thenceforward as being freed from former Conventions will determine of those Towns according as he shall judg it to be Just and Honourable wherein the said Princes his loving Brethren shall find there shall be no want of these good Offices which can be expected from a friendly Prince let the World judg Tho the Bargain were agreed yet the King and Courtiers were in fear the Money should not be paid accordingly and therefore the King wrote to the States in a Stile far differing from that he used to the Parliament for says my Author William de Britain fol. 12. the King told them He knew the States of Holland to be his good Friends and Confederates both in Point of Religion and Policy one as true as the other for the Religion of the Dutch was Presbytery which the King hated nor did he ever imitate their Policy therefore he apprehended not the least fear of Difference between them In Contemplation whereof if they would have their Towns again he would willingly surrender them So tho the Dutch got their Towns again yet the King got not all the Money for my Lord Treasurer Suffolk kept back so much of it as he was fined 30000 l. in the Star-Chamber for it and had not scaped so if Sir Francis Bacon then Lord Chancellor had
Rome The Bohemians having this farther strain of their Crowns being disposed of to another and dreading the Disposition of this Ferdinand assembled at Prague the Regal City of Bohemia and demand a General Diet of the Kingdom to bring their Grievances thither herein they did not apply themselves to Ferdinand as their King but to Matthias the Emperor but Matthias denied or deferred it to use Nani's words who tho a Venetian seems to me to be very partial against the Bohemians whereupon the Bohemians upon the 23d of May 1618 parted in a Rout and believing the Counts Martinitz Slavata and Philip Fabritus most zealous Papists to be the Motives of Matthias his Denial flung them out of the Windows of the Castle of Prague but they escaped by a Miracle as Nani says lib. 4. p. 127. The Count de la Tour in this Commotion makes a most pathetick Oration to the Bohemians wherein he sets forth how the Privileges of the Kingdom were violated and the Exercise of their Religion forbid and made to descend upon the Will of Princes That the usurped Crown of Bohemia passed from Head to Head as the Revenue and Inheritance of one House and to establish an everlasting Tyranny being ravished before its time from Successors in spite of Death is never suffered to be vacant c. And then goes on What have we not yet suffered The use of Life comes now to be denied us and the Vsufruit of our Souls contested but all our past Miseries will not be able to call to Remembrance but some imperfect Representations of the Calamities to come In sum Rodolph lived amongst us Matthias has reaped us as the first Fruits of his ambitious Desires for Matthias had forced Rodolph to resign the Crown of Bohemia to him as Ferdinand had done to Matthias But what may we expect from Ferdinand unknown to us and in himself rigorous directed by Spanish Counsels and governed by that sort of Religious Priests and People who detest with an equal Aversion our Liberty and Belief He was born and bred up in the Abhorrence of us Protestants and why should we be so forward to make trial of it Since the Persons banished the Families displanted the Goods violently taken away demonstrate too cruelly to us that he would abolish our very Being if he could as easily command Nature as he uses Force Wo to you Bohemians to your Children to your Estates to your Consciences if you suffer this Ferdinand to keep his footing in the Throne And when will you attempt to shake off the Yoke if you have not Courage to do it at a time when without Power without Guard the Kingdom is in your own Power and that you have two Kings to oppose you one whereof is fallen and the other toâ—ters c. which you may read at large in the fourth Book of Nani and concludes The Lot is drawn Liberty or the Hangman If Conquerors we shall be Just Free and Princes if overcome Perâ—idious Perjured and Rebels The Inhabitants of Prague before disposed took fire at this Oration of De la Tour and chose a Magistracy of Thirty with the Title of Directors to carry on a Government in opposition to Ferdinand and what happened in Prague was no sooner divulged through the Kingdom but all was in a Revolt drawing also the Provinces of Lusatia and Silesia adjoining to them into their Confederacy Matthias had a Counsellor named Gleselius upon whose Advice and Integrity Matthias relied above all other Men who advised Matthias by all fair means possible to compose the Commotions of the Bohemians for if he should come to a Rupture with them and Matthias be compelled to raise an Army the Interest of Ferdinand was such not only in the Spanish Councils but the Popish in Germany and the hereditary Countries that he would command it and thereby be in a Condition to ravish the Empire from him as he had done the Crown of Bohemia and Matthias feeling yet this Flesh-wound feared that mortal one if Ferdinand were put on the Head of an Army Hereupon Ferdinand without any regard to the Majesty and Authority of Matthias resolved to arrest Gleselius and separate him from giving any farther Advice to Matthias and one day being called to Council where the King was with one Ognate Gleselius was seized upon by d' Ampiere and Prainer and put into a close Coach and guarded by an hundred Horse hurried away to Inspurg Matthias was astonished at this bold Insolence which struck at his Authority in the tenderest part and now without any Council left in the Hands of his Cousin who designed to rise out of his Ruin became so overwhelmed with Melancholy that both asleep and awake he could not be with-held from crying out with a loud Voice That Gleselius might be brought back again but all to no purpose for he shall never live to see him again and in these Agonies he had some thoughts to have cast himself into the Arms of the Bohemians but it was not in his Power to do it These things were in 1618 at the end whereof Matthias died These Commotions in Bohemia and other parts of the Empire encreased after the Death of Matthias so that the Election of an Emperor was controverted till the 30th of August 1619 when Ferdinand was chosen having by large Promises prevailed upon George Duke of Saxony to vote for him But however the Bohemians were stiff in opposing his Election to the Kingdom of Bohemia and offered the Crown to Charles Duke of Savoy tho a Popish Prince and who had a better Title to the Crown of Bohemia than Ferdinand his Mother being a younger Daughter of Maximilian the 2d but prevailed upon by the Pope and Spanish Councils he refused it as did the Duke of Saxony and then they chose Frederick Count Palatine hoping to receive great Assistance from King James his Father-in-law but were mistaken in the Man Upon this Election Abbot Arch-Bishop of Canterbury was all on Fire to perswade the King to assist his Son-in-law and to that purpose wrote a long perswasive Apology to the King concerning it which you may read at large in Rushworth's Collections fol. 12. but the King and Bishop were not of the same Opinion for the King would have it that the Election of his Son-in-law was upon the Score of Religion not Right and therefore disswaded him from it but being a mighty Man of Embassies as well as Words Nani says fol. 138. published that he would assist his Son-in-law and dispatched an Ambassador to Vienna proposing that Bohemia should remain to Frederick But if his Authority by words would not settle his Son-in-law King James could not go further Frederick thus forsaken by his Father-in-law raised upon his own account 10000 Foot and 2000 Horse and entred Prague and was crown'd King on the Fourth of November 1619 and was no sooner crown'd but laid the Foundation of his own Ruine for the Counts De la Tour and Mansfield who had raised
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 Plenâ—potency 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
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
the Kingdoms of England and Ireland and the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoign and Guienne General Governor of the Seas and Ships of the Kingdom Master of the Horse to the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members of the same Constable of Dover-Castle Justice in Eyre of all the Forests and Chases on this side of Trent Constable of the Castle of Windsor Gentleman of his Majesty's Bed-Chamber one of his Majesty's most Honourable Privy-Council in his Realms of England Scotland and Ireland and Knight of the most Honourable Order of the Garter But tho all others worshipped this prodigious Favourite yet Arch-bishop Abbot a Prelate of Primitive Sanctity and Integrity would not flatter neither the King nor his Favourite in their Courses so dangerous to the Church and State and dishonourable to the King and tho in Disgrace he wrote this following Letter to the King which you may read in Rushworth fol. 85. May it please your Majesty M I Have been too long silent and am afraid by my Silence I have neglected the Duty of the Place it has pleased God to call me unto and your Majesty to place me in But now I humbly crave leave I may discharge my Conscience towards God and my Duty to your Majesty and therefore freely to give me leave to deliver my self and then let your Majesty do what you please Your Majesty hath propounded a Toleration of Religion I beseech you to take into your Consideration what that Act is what the Consequence may be By your Act you labour to set up the most Damnable and Heretical Doctrine of the Church of Rome the Whore of Babylon How hateful will it be to God and grievous to your Subjects the Professors of the Gospel that your Majesty who hath so often and learnedly disputed and written against those Heresies should now shew your self a Patron of those wicked Doctrines which your Pen hath to the World and your Conscience tells your self are superstitious idolatrous and detestable and hereto I add what you have done by sending the Prince into Spain without the Consent of your Council the Privity or Approbation of your People and altho you have a Charge and Interest in the Prince as the Son of your Flesh yet the People have a greater as Son of the Kingdom upon whom next after your Majesty are their Eyes fixed and their Welfare depends and so tenderly is his going apprehended as I believe however his Return may be safe yet the Drawers of him into this Action so dangerous to himself so desperate to the Kingdom will not pass away unquestion'd and unpunished Besides the Toleration which you endeavour to set up by your Proclamation cannot be without a Parliament unless your Majesty will let your Subjects see that you will take to your self the Ability to throw down the Laws of the Land at your Pleasure What dread Consequence these things may draw afterwards I beseech your Majesty to consider and above all lest by this Toleration and discountenancing the true Profession of the Gospel wherewith God hath blest us and this Kingdom hath so long flourished under it your Majesty doth not draw upon this Kingdom in general and your self in particular God's Wrath and Indignation I have heard my Father say that King James kept a Fool called Archy if he were not more Knave whom the Courtiers when the King was at any time thoughtful or serious would bring in with his antick Gestures and Sayings to put him out of it In one of these Modes of the King in comes Archy and tells the King he must change Caps with him Why says the King Why who replies Archy sent the Prince into Spain But what said the King wilt thou say if the Prince comes back again Why then said Archy I will take my Cap from thy Head and send it to the King of Spain which was said troubled the King sore But if we look back into Spain we shall see things of another Complection than when Buckingham came into it For now he is disgusted he put the Prince quite out of the Match as that tho all things were agreed upon the coming of the Dispensation from Rome so as King James said all the Devils in Hell could not break the Match yet his Disciple and Scholar could tho the Duke had certified the King the Match was brought to a happy Conclusion and the Match publickly declar'd in Spain and the Prince permitted Access to the Infanta in the Presence of the King and the Infanta was generally stiled the Princess of England and in England a Chappel was building for her at St. James's and the King had prepared a Fleet to fetch her into England which only proved to bring back his Son How things especially actuated by Love should stay here may seem strange yet such an Ascendant had Buckingham over the Prince that the Affront put upon him Buckingham must quite deface the Prince's vowed Love and Affection to the Infanta but how to prevail with King James to comply might have an appearance of some Difficulty since the King had set his Rest upon it and had quarelled with the Parliament and dissolv'd them in great Anger and Fury for but mentioning it After the Duke had gained the Prince to break or at least not to observe the Conditions of the Treaty of the Marriage with the Infanta so solemnly sworn to by both the Kings and the Prince let 's now see how he behaved himself to King James afterwards but this will be better understood if we look back and see how things stood before the Prince's and Duke's Arrival in Spain The Prince's going into Spain was not only kept secret from King James ' s Council but from my Lord Keeper Williams tho the King confided in his Abilities above all the other of his Council but when it had taken vent the King asked the Keeper what he thought Whether the Knight Errant's Pilgrimage meaning the Prince's would prove lucky to win the Spanish Lady and to convey her shortly into England Sir answered my Lord Keeper If my Lord Marquess will give Honour to Conde Duke Olivares and remember he is the Favourite of Spain or if Olivares will shew honourable Civility to my Lord Marquess remembring he is a Favourite of England the Wooing may be prosperous but if my Lord Marquess should forget where he is and not stoop to Olivares or if Olivares forgetting what Guest he hath received with the Prince bear himself haughtily and like a Castilian to my Lord Marquess the Provocation may be dangerous to cross your Majesty's good Intentions and I pray God that either one or both do not run into that Error The Answer of the Keeper took such Impression upon the King that he asked the Keeper if he had wrote to his Son and the
with all imaginable Esteem as a truly noble discreet and well-deserving Prince however the Prince himself had given them Cause sufficient to have detained him if the Prudence of Bristol had not been greater than Buckingham's Rashness and Zeal to break off the Match solemnly sworn to by the Prince and Buckingham himself and this upon the Day when the Prince parted from the King of Spain from the Escurial as you may see in the Bishop of Litchfield's Life of Dr. Williams and Rushworth fol. 284 285. For though the King of Spain and the Prince had solemnly sworn to accomplish the Marriage and to make the Espousals within ten Days after the Ratifications should come from Rome to which purpose the Prince made a Procuration to the King of Spain and Don Charles his Brother to make the Espousals in his Name and left it in the Earl of Bristol's hands yet he the Prince left in the Hands of one of the Duke's Creatures Mr. Edward Clarke a private Instrument with Instructions to the Earl of Bristol to stay the Delivery of the Proxies till farther Direction from him But when this private Instrument was delivered to Bristol he told Buckingham's Favourite that it must for a time be concealed lest the Spaniard coming to the knowledgâ— of it should give Order to stay the Prince So that the Duke left the Earl's Instrument as perplexed and confounded when he went out of Spain as he had made the Treaty of Marriage when he came into it The Temper and Dissimulation of the Duke is so strange at his taking leave of Olivares as is I believe without all Example and also without any Care of the Safety of the Prince for the Duke told him after he had delivered the Instrument to stay the Delivery of the Proxy That he was obliged to the King and Queen and Infanta in an eternal Tie of Gratitude and that he would be an everlasting Servant to them and endeavour to do the best Offices for concluding the Match and strengthning the Amity between the two Crowns but as for himself Olivares he had so disobliged him that he could not without Flattery make the least Profession of Friendship to him Nor was the Ingratitude and Dissimulation of the Prince less than that of Buckingham for when the King of Spain had brought the Prince to the Escurial where the Prince and Duke after the delivery of the Instrument for staying the Proxy solemnly swore the Treaty of Marriage as you may read in Rushworth fol. 285. and the King and Prince had sworn a perpetual League of Friendship as the Bishop of Litchfield says the King at their Departure declared the Obligation which the Prince had put upon him the King by putting himself into his Hands a thing unusual with Princes and protested he earnestly desired a nearer Conjunction of Brotherly Affection for the more intire Unity between them The Prince answered him magnifying the high Favour which he had found during his Stay in his Court and Presence which had begotten such an Estimation of his Worth that he knew not how to value it but would leave a Mediatrix to supply his own Defects if he the King would make him so happy as to continue him the Prince in the good Opinion of her his Dear Mistress Yet the Prince so soon as he came on Ship-board was observed to say That it was a great Weakness and Folly in the Spaniards after they had used him so ill to grant him a free Departure and soon you 'll see both the Prince and the Duke urge the King James to break off the Match so solemnly sworn by them all and make War upon the Spaniards which was so dangerous to the Parliament to mention Having thus taken a View of the Duke's Prudence and deep Insight in Mysteries of State in managing this Match where King James's Proclamation could not restrain Men from talking of State-Affairs We will now take a View of the Duke's Profession in Religion that another may better judg whether he were more eminent in Religion or State-policy and herein I will take the Earl of Bristol's Charge upon him to be a full Proof since the Earl answered the Duke's Charges against him twice first before King James and afterward in Parliament in the 2d of King Charles without any reply and King Charles his dissolving the Parliament rather than the Duke should come to a Tryal upon the Articles which the Earl exhibited against him 1. The Earl in the said Articles charges the Duke that he did secretly combine with the Conde of Gundamor Ambassador from the King of Spain Anno 1622 to carry the Prince into Spain to the end he might be informed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England 2. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his Return framed as might serve for a Ground to set on foot this Conspiracy the which was done accordingly and thereby the King and Prince highly abused and their Consents thereby gotten for the said Journey viz. after the Return of the said Mr. Porter which was about the latter end of December or beginning of January 1622. whereas the Duke plotted it many Months before 3. That the Duke at his Arrival in Spain nourished the Spanish Ministers not only in the Belief of his being popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristol's House and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore the Sacrament from time to time give the Spaniards Hopes of the Prince's Conversion the which he endeavoured to procure by all means possible and thereby caused the Spanish Minister to propound far worse Conditions for Religion than had been propounded by the Earl and Sir Walter Ashton setled and signed under the K. and Prince's Hand with a clause of the K. of Spain's Answer Dec. 12. 1622 that they held the Articles agreed on sufficicient and such as ought to induce the Pope to grant the Dispensation 4. That the Duke having several times moved and pressed the King James at the Instance of the Conde of Gundamor in the presence of the Earl of Bristol to write a Letter to the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing any such Letter that during the Abode of the said Earl in England the Duke could never obtain it but not long after the Earl was gone he the Duke procured such a Letter to be written from the King James to the Pope and to have him stiled Sanctissime Pater 5. That the Pope being informed of the Duke's Inclination and Intention in point of Religion sent unto him a particular Bull
in Parchment for to perswade and encourage him in the Perversion of the Prince But how steady soever the Duke was in his French Garb in Spain and of Compliance with the Spaniard in the Popish Religion yet he was not so when he returned into England for then he turns quite contrary and assumes a popular Way and joins with the Prince and thereby over-ruled the King as they pleased and closed with the Nobility and Puritan Party opposite to Spain As you may read in Rushworth fol. 107. Nor was the Duke's Covetousness and sacrilegious Desires of robbing the Church's Patrimony less than his Hypocrisy in Religion for whilst he was in this Godly Fit he treats with Dr. John Preston Head of the Puritan Party how the King might seize the Dean and Chapter Lands as you may read in the Bishop of Litchfield's Life of Doctor Williams 1st Part fol. 202. After the Return of the Prince and Duke into England and Bristol left in Spain both contrive how to ruin the Earl of Bristol bound up with contrary Instructions and to dissolve the Prince's Match with the Infanta so solemnly sworn by both Kings and the Prince and could find no other Pretence to do it but by the King's Letter to the Earl of Bristol before he delivered the Powers for consummating the Marriage to procure from the King of Spain either by publick Act or under his Hand and Seal a direct Engagement for the Restitution of the Palatinate and Electoral Dignity by Mediation or Assistance of Arms but in regard this must be now insisted upon let 's see how this stood during the Treaty In all the Treaty for this Match the Restitution of the Palatinate was laid aside as Rushworth observes fol. 91. and my Lord of Bristol in his Defence against the Duke's or King's Charge fol. 302. says that his Instructions from King James the 14th of March 1621 were express that he should not make the Business of the Palatinate a Condition of the Marriage and that of the King 's of the 30th of December 1623 I think it was 1622 were fully to the same Effect But now the whole Treaty which was so solemnly agreed upon and sworn to by both Kings and the Prince and that the Marriage should be consummate within 10 days after the Dispensation came from Rome which it did about the beginning of December 1623 must be all dasht without the Restitution of the Palatine to his Country and Electoral Dignity which being perplext with such Variety of Interests as the Duke of Bavaria's having possest himself of the upper Palatinate and the Restitution of the Palsgrave being an Act of the Emperor and Empire was not in the King of Spain's Power Nay the Proxies left with the Earl would not admit of a Treaty in this Case for the Marriage was to be consummate within ten Days after the Arrival of the Dispensation from Rome The Earl of Bristol for not obtaining these new impossible and inconsistible Conditions is recalled from his Embassy and a new Treaty of Marriage between the Prince and the Princess Henrietta Maria youngest Daughter of Henry the Fourth of France is as suddenly set on Foot as that of Spain abruptly broke off and that by this time the King of Spain and the Earl had frequent Advice of the Prince and Duke's Designs to ruin the Earl The King of Spain therefore made a threefold Proffer to the Earl either to write to the King James and if need were to send a particular Ambassador to mediate for him to satisfy the Earl's Fidelity and Exactness in all the Treaty or to make him a Blank wherein the Earl should set down his own Conditions both in Title and Honour in Spain whereunto the Earl answered He was sorry and afflicted to hear such Language and desir'd they should understand that neither the King nor Spain were beholden to him For whatever he had done he thought fit to do for his Master's Service and his own Honour having no Relation to Spain and that he served a Master from whom he was assured both of Justice and due Reward nothing doubting but his own Innocence would prevail against the Wrong intended by his powerful Adversaries and were he sure to run into eminent Danger he had rather go home and cast himself at his Majesty's Feet and Mercy and therein comply with the Duty and Honour of a faithful Subject though it should cost him his Head than be Duke or Infantado of Spain and that with this Resolution he would employ the utmost of his Power to maintain the Amity of the two Crowns and to serve his Catholick Majesty and thirdly the King of Spain desired him in private to take 10000 Crowns to bear his Charges but the Earl answered one would know it viz. the Earl of Bristol who would reveal it to his Majesty King James Now if any Man can shew in any Authority antient or modern wherein a Treaty of this Nature was thus begun thus managed and thus broken off wherein a Noble Lady of highest Birth and noblest Fortune adorned with all the Excellencies of Beauty in her Person and the more excelling Virtues of her Mind in all the Perfections requisite in her Sex was thus baulkt and see her self made a Stale to advance the Avarice and covetous Desires of others he shall be my great Apollo So we 'll leave this Affair here and see what Comfort King James had of his Affairs elsewhere In the Year 1619 King James and the Dutch States entred into and concluded a Treaty of Trade between the English and Dutch in the East-Indies at this time and for many Years before the English had at Amboyna one of the Scyndae or Setibe Islands lying near Seran which had several smaller Islands depending upon it five several Factories two at Hitto and Lerico and two at Latro and Cambello in the Island of Seran but the principal of them was at Amboyna Amboyna was and is the principal Place in all the East-Indies where Nutmegs Mace Cinamon Cloves and Spice grow and from these Factories the English supplied not only England and Europe with Spice but Persia Japan and other Countries in the East-Indies The Treaty of Commerce between the King and the Dutch States was scarce three Years old when the Dutch in the East-Indies contrive how they may dispossess the English of the Spice-Trade which above all others is the best in the East-Indies at least which was then or now is known It seems says my Author William de Britain in his Treatise of the Dutch Usurpation fol. 14. that the English in all these Islands were better beloved than the Dutch and had built a Fortress in Amboyna for the Safety of Trade which the Dutch having two Hundred Soldiers there forced from the English and thereupon feigning a Plot between the English and Japonesses I think he means the Natives of Amboyna to betray the Fortress again to the English the Dutch with Fire and Water in an
a narrow point but there is no point in Generalities relying upon their general Propositions of which I do not find neither the King nor the Prince or Buckingham after him named one he found when they came there the Matter proved so raw as if it had never been treated of they generally giving them easy way to evade and affording them means to avoid the effecting any thing But it seems there were Particulars which the King would not then discover but left them to the Prince and Buckingham to relate As for a Toleration of the Roman Religion As God shall judg him he said he never thought nor meant nor never in word expressed any thing that savoured of it How was Arch-bishop Abbot mistaken when he wrote his disswasive Letter against the King's Proclamation for the Toleration of Religion to Roman Catholicks See Rushworth fol. 85. And how was my Lord Keeper Williams mistaken after the King had directed him and other Commissioners to draw up a Pardon for all Offences past by Roman Catholicks with a Dispensation for those to come obnoxious to any Laws against Recusants and then to issue forth two general Commands under the Great Seal the one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them and tho the Keeper past the Pardon as fully and amply as the Papists could desire to pen it yet the Keeper put some stop to the vast Prohibition to the Judges and Bishops for the Reasons he gave First Because the publishing of this General Indulgence at one push may beget a general Discontent if not a Mutiny but the instilling thereof into the Peoples knowledg by little and little by the Favours done to Catholicks might indeed loosen the Tongues of a few particular Persons who might hear of their Neighbours Pardon and having vented their Dislike would afterward cool again and so his Majesty might by degrees with more convenience enlarge his Favours Secondly Because to sorbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Laws of the Land is a thing unprecedented in this Kingdom and would be a harsh and bitter Pill to be digested without some Preparative But this Delay disgusted the Spanish Ambassador which you may read in Rushworth fol. 101. And as God was his Judg he never thought nor meant nor ever in Word expressed any thing that savoured of a Toleration of the Popish Religion So God was his Judg and he spake as a Christian King Never any wayfaring Man that was in the Desarts of Arabia and in danger of Death for want of Water to quench his Thirst more desired Water than he did thirst and desire the good and comfortable Success of his Parliament and Blessing upon their Counsels that the good Issue of this may expiate and acquit the fruitless Issue of the former and prayed God their Counsels may advance Religion and the publick Weal and they of him and his Children You may read the Speech at large in Rushworth fol. 115 116 117. But tho the King gloried that he had ever endeavoured to procure and cherish the Love of his People to him which the Lords and Commons did represent yet the Commons could remember a time not out of mind with the King for they chose that honourable Gentleman Sir Thomas Crew newly returned from his Exile into Ireland whither the King had sent him as one of the ill-tempered Spirits who advised him against the Spanish Match and presumed to assert the Privileges of the Commons for their Speaker After the Ceremonies of Opening the Parliament and the Choice of a Speaker was over the first thing that appeared upon the Stage of Affairs was the Narrative of the Proceedings in the Spanish Match made by the Duke of Buckingham and assisted by the Prince Which you may read at large in Rushworth from fol. 119 to 125. I shall not descant upon this long Narrative but leave the Answering of it to the Earl of Bristol but only take notice of the Preamble of the third Article of the Duke 's Narrative and the latter part of the fourth The Preamble of the third Article is It is fit to observe this Passage which is the thing whereupon all his Highness's the Prince's subsequent Actions did depend He had never staid a Sennight longer in Spain he had never left any Proxy with Bristol he had never taken the Oath at the Escurial or ever so much as have written a Letter of Compliment to the Lady but that he had still before his Eyes as his Cynosure the Promise made by the Conde I think the Duke meant Olivares for the Restitution of the Palatinate Why was this Treaty between King James and the Conde Or if the Restitution of the Palatinate were the Foundation upon which the whole Treaty moved Why was it not so much as mentioned in all the Treaty so solemnly sworn to by both Kings the Prince and Buckingham himself Nay King James himself by two several Expresses to the Earl of Bristol the first of the 14th of May 1621. and the other of the 30th of December 1623. commanded him That he should not make the Business of the Palatinate a Condition of the Marriage as you may read in Rushworth fol. 302. For the better understanding of Buckingham's Narrative in the fourth Article it is fit to take notice That the Reason in the Instrument for not pursuing the Proxies of the Marriage so solemnly sworn to by the Prince and Buckingham himself was not for the Restitution of the Palatinate but forsooth for fear the Infanta might retire into a Cloister and so deprive the Prince of a Wife tho the Infanta so far as the Gravity of the Spaniards would permit ever expressed an entire Affection to the Prince so that when the Prince took leave of the Infanta she seemed to deliver up her Heart to him in as high Expressions as that Language and her Learning could with her Honour set forth for when the Prince told her His Heart would never be out of Anxiety till she had passed the intended Voyage and were safe on the British Land she answered with a modest Blush That if she were in danger upon the Ocean or discomposed with the rolling brackish Waves she should chear up her self and remember all the way to whom she was going As you may read in the Life of Williams Lord Keeper fol. 161. tit 168. And Mr. Rushworth fol. 104. says She caused many divine Duties to be performed for the Prince's Return In the Proxies left with the Earl of Bristol there was a Clause inserted De non revocando procuratore as much as to say irrevocable And because the Earl did in his Letter to the Prince of the First of November in 1623 press this vehemently to the Prince the Prince vowed openly before both Houses that he had never by Oath nor Honour engaged himself not to
to procure a private Audience of the King tho he often desired it but what the Duke assisted at Inoiosa impatient of any longer Delay about the latter end of April 1624 contrived this Expedient to put the following Paper into the King's Hand he and Don Carlo de Colonna came adventurously to White-Hall and whilst Don Carlo held the Prince and Duke in earnest Discourse Inoiosa put this Paper into the King's Hand with a Wink that the King should put it into his Pocket wherein 1. He terrifies the King that he was not or could not be acquainted with the Passages either of his own Court or of the Parliament for he was kept from all faithful Servants that would inform him by the Ministers of the Prince and Duke and that he was a Prisoner as much as King John of France in England or King Francis at Madrid and could not be spoken with but before such as watched him 2. That there was a strong and violent Machination in hand which had turned the Prince a most obedient Son to a quite contrary Course to his Majesty's Intentions 3. That the Council began last Summer at Madrid but was lately resolved on in England to restrain his Majesty from the Exercise of the Government of his Kingdoms and that the Prince and Duke had designed such Commissioners under themselves as should intend great Affairs and the Publick Good 4. That this should be effected by beginning of a War and keeping some Companies on foot in this Land whereby to constrain his Majesty to yield to any thing chiefly being brought into Straits for want of Monies to pay the Souldiers 5. That the Prince and Duke's inclosing his Majesty from the said Ambassador and other of his own Loyal People that they might not come near in private did argue in them a fear and distrust of a good Conscience 6. That the Emissaries of the Duke had brought his Majesty into Contempt with the potent Men of this Realm traducing him for slothful and unactive for addiction to an inglorious Peace while the Inheritance of his Daughter and her Children is in the Hands of his Foes and this appear'd by a Letter which the Duke had writ into Holland and they had intercepted 7. That his Majesty's Honour nay his Crown and Safety did depend upon a sudden Dissolution of the Parliament 8. They loaded the Duke with sundry Misdemeanours in Spain and his violent Opposition to the Match 9. That the Duke had divulged the King's Secrets and the close Designs between his Majesty and their Master King Philip about the States of Holland and their Provinces and laboured to put his Majesty out of the good Opinion of the Hollanders 10. That the Duke was guilty of most corrupt dealing with the Ambassadors of divers Princes 11. That all these things were carried on in the Parliament with an head-strong Violence and that the Duke was the cause of it who courted them only that were of troubled Humours 12. That such Bitterness and Ignominies were vented in Parliament against the King of Spain as were against all good Manners and Honour of the English Nation The 13th is a flat Contradiction to the Precedents wherein they made the Prince privy to dangerous things yet in this they say That the Puritans of whom the Duke was Head did wish they could bring it about that the Succession of the Kingdom might come to the Prince Palatine and his Children in right of the Lady Elizabeth In a Postscript the Paper prayed the King That Don Francisco Carondelet Secretary to the Marquess Inoiosa might be brought to the King when the Prince and Duke were sitting in the Lords House to satisfy such Doubts as the King might raise which was performed by the Earl of Kelly who watch'd a fit Season at one time for Francisco and for Padre Maestro a Jesuit at another time who told their Errand so spitefully that the King was troubled at their Relations How far the Spanish Ambassador Carondelet and the Jesuit Maestro could make good this Paper I cannot tell nor does the Bishop say however the King was apprehensive that the Parliament was solicitous to engage him in a War for the Palatinate which he so dreaded that as the Bishop says he thought scarce any Mischief was so great as was worth a War to mend it wherein the Prince did deviate from him as likewise in his Affection to the Spanish Alliance But he stuck at the Duke more whom â—e defended in one part to one of the Spanish Ministers yet at the same time complaining That he had noted in him a turbuleâ—â— Spirit of late and knew not how to mitigate it so that casting up the Sum he doubted it might come to his turn to pay the Reckoning These Thoughts so wrought upon the King that his Countenance fell suddenly that he mused much in Silence and that he entertained the Prince and Duke with mystical and broken Speeches this nettled them both and enquiring the Reason they could not go further than that they heard the Spanish Secretary and the Jesuit Maestro had been with the King and understood that some in the Ambassador's House had vaunted that they had nettled the Duke and that a Train would take fire shortly to blow up the Parliament In this Perplexity the King prepared to take Coach for Windsor to shift Ground for some better Rest in this Unrest and took Coach at St. James's Gate and the Prince with him and found a slight Errand to leave Buckingham behind as the King was putting his Foot into the Coach the Duke besought him with Tears in his Eyes and humble Prayer that his Majesty would let him know what could be laid to his Charge to offend so good and gracious a Master and vowed by the Name of his Saviour he would purge it or confess it The King did not satisfy him but breathed out his Disgust that he was the unhappiest alive to be forsaken of them that were dearest to him which was uttered and received with Tears from his own Eyes as well as the Prince's and Duke's and made haste to Windsor leaving the Duke behind this was upon Saturday at the end of April The Duke forlorn retires to Wallingford-House and was in such Confusion and Distraction that when my Lord Keeper who had notice of all these things and was more careful of the Duke than he could be of himself came to him he found the Duke lying upon his Couch in that immoveable Posture that he would neither rise up nor speak tho the Keeper invited him to it twice or thrice by courteous Questions The Keeper told him by the Faith of a deep Protestation that he came purposely to prevent more Harm and to bring him out of that Sorrow into the Light of the King's Favour That he verily believ'd God's directing Hand was in it to stir up his Grace to advance him to those Favours which he possessed to do him Service at this Pinch of Extremity
The Keeper besought the Duke to make haste to Windsor and to shew himself to the King before Supper was ended to deport himself with all amiable Addresses and not to stir from him Day nor Night for the Danger was that some would thrust themselves to push on the King to break up the Parliament and the next degree of their Hope was upon the Dissolution of the Parliament to see his Grace committed to the Tower and then God knows what would follow the Keeper besought him to be secret and be quick and judicious in the Prevention More might not be said because the Loss of Time might lose all The Duke thankt him and made haste to Windsor before he was lookt for and was as inseparable from the King as his Shadow The Fineness of the Keeper's Wit in unriddling this Mystery is equal to that of Cicero in finding out the Bottom of Catiline's Conspiracy and by like means viz. by Women tho after a different manner For Fulvia of her own accord discovered Catiline's Conspiracy in Spite and Emulation to Sempronia but the Keeper bribed one of Fulvia's Stamp to get an Insight into this Design which so perplext the King It seems to me that the Prince and Duke had a Jealousy that the Spanish Ambassador might infuse something into the Keeper which might spoil the Narrative which the Duke made in Parliament of the Spanish Match and therefore the Keeper had given express Orders that neither the Spanish Ambassador nor any of his Train or Followers should come at him whereby the Keeper had been secluded for a Month from any Intelligence from thence But before Don Francisco Carondelet the Ambassador's Secretary was frequently at the Keeper's he was contrary to the Ambassador as well by Birth for he was a Walloon not a Castilian and Arch-Dâ—aâ—on of Cambray as by Nature being learned and of a free and pleasant Dispoâ—â—tion whereas the Spanish Ambassador was most austere and sowr so as there was a great Intimacy between the Keeper and him and out of him the Keeper got what a Servant the Secretary was to some of our English Ladies of Pleasure but above all to one in Mark-lane who by her Wit so managed the Secretary that he could keep no Secret from her which she would have had made known With her the Keeper held Correspondence and presented her bountifully though he told the Prince he had never seen her and by her the Keeper had the rough Draught of the Deâ—â—gn of the Paper which the Ambassador had put into the King's Hands The Keeper had also notice of an English Priest who lived in Drury-lane which the Secretary loved above any other and was dearer to him than his own Confessor but whether the Keeper came to the Knowledge of this by the Lady in Mark-lane or from the Secretary himself the Bishop does not say The Commons had drawn up a Remonstrance against the Liberty which the Priests assumed which the King called a Stinging one and which put the Priests into a great Terror and in this Terror he sent his Pursevant Captain Toothbie to seize the Priest in Mark-lane and not to commit him to Prison but to keep him at his own House till further Order The Secretary soon heard of this and was confounded what to do for the Priest's Delivery he knew no other means to do it but by my Lord Keeper and from him he was banished yet in this Extremity he sent to the Keeper to beg of him to see his Face but that Day tho he never saw him more this was it the Keeper deâ—â—red yet he seemed very unwilling to admit him however if the Secretary came about eleven of the Clock at Night the Keeper would order one of his Servants to let him in at the back-Door of the Garden When the Secretary came into the Keeper's Presence he told the Keeper That nothing but a Matter as dear to him as his own Life should have forc'd him to break Rule to offend his Lordship with his Presence and bewailed the Disaster of his Confrere's Attachment and most passionately implored the Keeper to compass his Deâ—iverance And would you have me says the Keeper run such an Hazard to set a Priest at Liberty a dead Man by our Statutes when the Eye of the Parliament is so vigilant upon the Breach of Justice especially in this kind to the sadding of godly Men who detest them that creep hither out of Seminaries above all other Malefactors because they come with an intent to pervert them who have lived in the Bâ—som of our Church My Lord says Francisco accenting his Words with passionate Gesture let not the Dread of this Parliament trouble you for I can tell you if you have not heard it that it is upon Expiration and then the Keeper pickt out of him the Heads of the Articles in the Paper the Ambassador had given the King with all the Reasons Circumstances and distorted Proofs and Expositions to confirm them and about two in the Morning dismist the Secretary and ordered the Pursevant to release the Priest with Caution that he should cross the Seas that Day or the next The Keeper was as happy in his Memory as in his Wit and Invention for after the Secretary was gone he neither slept nor stirred out of the Room till he had digested all the Secretary had told him in Writing with his Observations upon each Particular and when he had trimmed up a fair Copy but what it was the Bishop says not he carried it to the Prince at St. James's This was upon Tuesday morning after the King went to Windsor The Prince read the Charges and admired at the Virulency of them with the Antiscripts of the Keeper which were much commended whereupon he caused his Coach to be made ready but before he went the Keeper humbly begg'd of him to conceal the Matter for two Reasons First for searching into the King's Counsels which he would not should be opened Secondly that when he had found them out to discover them tho to his Highness which the Prince promised and then went to Windsor When he came there he called for the Duke and shewed him the Paper privately with the Apology in the other Column the Duke humbly thankt the Prince that his Case was interwoven with his Highness and their double Vindication put into one Frame and besought the Prince to know what Vitruvius had compacted a Piece of Architecture of such Vicinity in so short a time but could not obtain it So they forthwith desired a private Hearing of the King and gave the Schedule to his Majesty's Consideration the King read it deliberately and at many Stops said 't was well very well and drew the Prince and Duke near to him and embraced them both protesting he sorrowed much that he had aggrieved them with a Jealousy fomented by no better than Traitors And that you may know said the King how little you shall pay me for Reconciliation I ask no
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 Deâ—â—gn 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 Asperâ—ons 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
Months dead to be made the King's Chaplain in Ordinary to be thereby protected from Justice But if it be asked how it does appear that Laud was concerned in this Act and Promotion of Mountague I answer there is a threefold Reason to induce the Belief of it First the end for which this Book was wrote for Promotion of Arminian Tenets whereof Laud was so great a Stickler Secondly none else but Laud could have such an Ascendant in things of this kind and to cause to early a Promotion for such a piece of Service but Thirdly which clears the Question when the King's Necessities caused him to call another Parliament about six or seven Months after Laud fearing the Commons falling again upon Mountague as they did Laud sounded the King by Buckingham whether the King would leave Mountague to the Parliament and finding the King determined to do it in great Zeal said I seem to see a Cloud arising and threatning the Church of England God in his Mercy dissipate it as you may read in Rush f. 203. as if the questioning a seditious and a disobedient Fellow to his Superiour in the Church were a Cloud to threaten the Church of England If Laud was the first that sowed Dissension between the King and Parliament upon the Pretence of the Church of England Buckingham shall be the second upon the Account of the Church of Rome and herein you 'll see the Temper of Buckingham to any which should presume to give him good Counsel The Dissension between the King and Commons began with Mountague at London where the Plague than raged and all England over so that most of the Members shrunk away to flee the Danger of it and those that staid were in danger of their Lives This put the King into a marvellous Strait what to do for his Necessities as Buckingham managed Affairs and his being imbroiled in the Spanish War were such as the Subsidies granted the King his Father the last Year and those granted the King now could not support Hereupon the King calling a Council at Hampton-Court what to do the King proposed upon the 10th of July to adjourn the Parliament to Oxford which was mainly favoured by the Duke my Lord Keeper Williams opposed the Proposition for two Reasons First That the Infection had overspread the whole Land so that no Man that travelled from his own Home knew where to lodg in Safety that the Lords and Gentlemen would be so distasted to be carried abroad in so mortal a time that it 's likely when they came together they would vote out of Discontent and Displeasure that his Majesty was ill counselled to give Offences in the Bud of his Reign tho small ones Secondly the Parliament had given two Subsidies at Westminster tho they removed to Oxford it is yet the same Sessions and if they alledg it is not the Use of the House to give twice in a Sessions tho I wish heartily they would yet how shall we plead them out of Custom if they be stiff to maintain it It is not fit for the Reputation of the King to fall upon a probable Hazard of a Denial The Duke which heard this with Impatience said That publick Necessity must sway more than one Man's Jealousy The Keeper hereupon besought the King to hear him in private and acquainted the King That the Duke had Enemies in the House of Commons who had contrived Complaints and made them ready to be preferred and would spend time at Oxford about them And what Folly were it to continue a Sessions that had no other Aim but to bring the Duke upon the Stage But if your Majesty think that this is like an Hectick quickly known but hardly cured my humble Opinion is That the Malady or Malice call it what you will may sleep awhile after Christmas there is no time lost in whetting the Sithe well I hope to give an Account by that time by undertaking with the chief Sticklers that they shall supersede their Bitterness against your great Servant and that Passage to your weighty Counsels may be made smooth and peaceable But why said the King do you conceal this from Buckingham Good Sir said the Keeper fain would I begin at that End but he will not hear me with Moderation And because it was the Mishap of the Keeper to give the first Notice of this Storm that was gathering the Duke in Defiance bid him and his Confederates do their worst and besought the King that the Parliament might be continued and he would confront the Faction tho he looked upon himself in that Innocency that he presumed they durst not question him Buckingham's Will must be a Law so on the 10th of July the Parliament was adjourned to Oxford to meet the first of August But to sweeten them the Keeper in the Presence of both Houses in the King's Name promised them That the Rigour of the Law against Popish Priests should not be deluded Here see the Levity of the King and the Dominion Buckingham had over him for upon the 12th of July the King caused a Warrant to be sealed to pardon six Roman Priests When the Parliament met at Oxford the Speaker had no sooner taken his Chair but a Western Knight enlarges the Sense of his Sorrow that he had seen a Pardon for six Priests bearing test July 12th whereas but the Day before it when they were to part from Westminster the Lord Keeper had promised in the King's Name before them all that the Rigour against the Priests should not be deluded Hereupon the Members were in such a Heat that they strived who should blame it most What! their Hope 's blasted in one Night But for the Lord Keeper that brought the King's Message and knew it best and for a Bishop to set the Seal to such a Warrant for him to do wrong to Religion it was enormous Hereupon Mr. Bembo a Servant to the Clerk of the Crown confess'd he brought the Writ to the Keeper to be sealed but it was stopt Mr. Devike Servant to Sir Edward Conway brought it from his Master but it could not speed It was my Lord of Buckingham's hard Hap to move the King to command the Warrant to be sealed in his Sight at Hampton-Court the Sunday following The Commons hereupon turned about to clear the Keeper and commend him but what pleased the Parliament at Oxford did not please the Court at Woodstock where this had not pleased the King The Commons in this Heat desired a Conference with the Lords in Christ-Church-Hall in the Afternoon where Sir Edward Coke open'd the Complaint sharply against my Lord Conway and like an Orator did slide away with a short Animadversion upon the Duke the Commons enlarged hereon that the Duke that put the King upon this was the highest in the King's Favour and that all the important Places of Honour and Offices by Sea and Land were in his Disposal which you may read at large in the Life of the
they might But these were no Considerations where Buckingham and Laud govern'd all and those worthy and honourable Statesmen the Archbishop of Canterbury the Keeper Williams and the noble Earl of Bristol were not only discountenanc'd but disgrac'd and not permitted to come into the Council How unsuccessful soever the Expedition was yet another Fate attended that Fleet lent to the French for the Dutch joining a Fleet in conjunction with the French Fleet commanded by the Duke of Momerancy fought the Fleet of the Rochellers and utterly subdued it and then reduced the Isles of Rhee and Oleron to the French Power But tho the miserable Fate of the Reformed began here yet the Dishonour of the English Nation shall soon after follow it so that now Richlieu might write florebunt Lilia Ponto Tho the King dissolved the first Parliament to prevent their impeaching Buckingham yet it was not in Buckingham's Power to supply the King's Necessities but they put him upon the Necessity of calling another And here you may see the little Artifices the King 's grand Ministers of State put him upon for the attaining his Ends and how quite contrary they succeeded There were five Persons whom the Duke took to be his Enemies if they were not so he had given them Cause enough to be so two of them were Peers and three of them Commoners the Peers were the Earl of Bristol and Bishop of Lincoln the Commoners were Sir Edward Coke Sir Robert Phillips a Person whose Memory I revere and should be glad I knew any of his Descendants to whom I could acknowledg it and Sir Thomas Wentworth these Persons the Duke feared would be leading Men in both Houses and was resolved that to his Power he would keep them out He was sure the Earl and the Bishop as Peers of Common Right would have their Writs of Summons and was as sure the other three would be chosen Members of the House of Commons In looking a little back you 'll better see forward You have heard how by the Duke's Power in King James's Reign the Earl of Bristol was first kept back from coming into England and after he was come over was kept under Restraint and denied Admission into the King's Presence lest he should have spoiled the Duke's fine Tale in Parliament concerning the Spanish Match and also after he had answer'd every Particular of it without any Reply and that after King James had promised the Earl should be heard in Parliament against the Duke as well as the Duke had been against the Earl King James fell sick and died thereupon before the Parliament met again After King James's Death the Earl wrote a most humble Letter to King Charles imploring his Favour and desiring the Duke's Mediation which the Duke answered the 7th of May 1625 that the Resolution was to proceed against him without a plain and direct Confession of the Point which he the Duke had formerly required him to acknowledg and in a courtly manner told him That he would advise him to bethink himself in time what would be most for his good In the mean time the Earl received his Writ of Summons to the Parliament whereupon the Earl sent to the Duke that he would do nothing but what was most agreeable to his Majesty's Pleasure which the Duke answered I have acquainted his Majesty with your Requests towards him touching your Summons to the Parliament which he taketh very well and would have you rather make your Excuse for your Absence notwithstanding your Writ than to come your self in Person Hereupon the Earl desired a Letter of Leave under the King's Hand for his Warrant but instead thereof he received from the Lord Conway an absolute Prohibition and even to restrain and confine him as he had been in King James's time tho the Earl was freed from it by King James and in this Restraint the Earl continued three Quarters of a Year during which time he was remov'd from all his Offices and Places he held during that King's Life and tho he had laid out the greatest part of his Estate for their Majesties Service and by their particular Appointment he could never be admitted so much as to clear his Accounts yet hereof the Earl never made the least Complaint Upon the King's Coronation when Princes usually confer Acts of Grace and Favour the Earl addressed himself to the Duke and then became an humble Suitor to the King for his Grace and Favour to which he receiv'd an Answer so different from what the King's Father and the King himself had given him since the Earl's Return into England that the Earl knew not what Construction to make of it After the Writs of Summons for the meeting of this Parliament were out the Earl addressed himself to my Lord Keeper Coventry to be a Suitor to the King in his behalf that the Privilege which of right is due to every Peer might not be denied him which not taking effect the Earl petitioned the House of Peers to mediate to the King for his Writ which was granted but accompanied with a Letter from the Keeper not to take his Place in Parliament As Bristol was the worthiest Statesman in either of these King's Reigns and whose Integrity in all these Varieties of Employments none but Buckingham and Conway presumed at least that I can find or ever heard of so much as to carp at so Lincoln's quaint and excellent not pedantick Learning both in Divinity History the Civil and Canon Law and not a Stranger to our English excelled all others These were adorned with a lively and excellent Elocution and with a wonderful promptness and presence of Mind in giving Judgment in the most nice and subtile dark Points of State and accompanied with an indefatigable Industry in Prosecution of them These Parts were so well observed in him by King James that without any Solicitation of Buckingham or any other but whilst he solicited for another the King conferr'd the Lord Keeper's Place upon him as you may read in his Life fol. 52. tit 62. and after unsought for the King promised him the next Avoidance of the Arch-bishoprick of York or any other Ecclesiastical Preferment and so steddy stood he in King James's Favour that Buckingham's Attacks could no ways shake him in it In Chancery he mitigated the Fees and all Petitions from poor Men were granted gratis and was so far from prolonging Suits that in the first Year he ended more than in seven Years before yet with such Caution that he would have some of the Judges but principally Sir Henry Hubbard to be assisting so that notwithstanding his Celerity in Dispatch in all the five Years of his being Lord Keeper not one of his Orders neither by Parliament nor by the Court of Chancery were ever revers'd Cardinal Richlieu is much celebrated for the Speech he made in the Convention of Notables which you may read at large in Howel's Life of Richlieu f. 162 163 164. to excite
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
the King the Attorney-General Sir Robert Heath preferred an Information in the Star-Chamber against Sir John Elliot and others of the Members therein named setting forth their Misdemeanours in the late Parliament and all those Proceedings But Mr. Long ' s Charge was different from those of the other Members viz. Not for Misdemeanours in Parliament but that contrary to his Oath being when he was made Sheriff and was by his Oath to keep within his County yet he did come to Parliament and serve as a Member there and in the time of Parliament resided out of his County To this Mr. Long pleaded that the Oath of a Sheriff to reside in his County does not exempt him from obeying the King's Commands out of the County when the King requires it and that by the King's Command in his highest Capacity he being chosen a Member of Parliament was obliged as well by the King's Command as by a Trust reposed in him by his County to serve as a Member of Parliament Yet by a Sentence in the Star-Chamber he was fined 2000 Marks to the King to be imprisoned in the Tower and to make a Submission But the Attorney-General putting the Question to the Judges upon the Proceedings Ore tenus in the Star-Chamber against the Parliament-Men the Judges held it the juster way not to proceed Ore tenus And Justice Whitlock did often and highly complain against this way of sending to the Judges for their Opinions beforehand and said that if Bishop Laud went on this way he would kindle a Flame in the Kingdom Mr. Hollis Selden Stroud and Valentine having been brought to the King's-Bench Bar by several Corpus's and Cause of their Commitment returned one on a Warrant from the Council another on a Warrant from the King for Sedition and Contempts and whether this was a good Return or not was argued The Judges were perplexed about the Habeas Corpus and wrote a humble and stout Letter to the King That by their Oaths they were to bail the Prisoners but thought fit before they did it or publish their Opinions therein to inform his Majesty thereof and humbly to advise him as had been done by his noble Progenitors in like case to send a Direction to his Justices of his Bench to bail the Prisoners But the Lord Keeper Coventry would not acknowledg to Justice Whitlock who was sent to him from the rest of his Brethren about this Business that he had shewed the Judges Letter to the King but dissembled the matter and told him that he and his Brethren must attend the King at Greenwich at a day appointed Accordingly the Judges attended the King who was not pleased with their Determination but commanded them not to deliver any Opinion in this Case without consulting the rest of the Judges who delayed the Business and would hear Arguments in the Case as well as the Judges of the King's-Bench had done and so the Business was put off to the end of the Term Then the Court of King's-Bench being ready to deliver their Opinions the Prisoners were removed to other prisons and a Letter came from the King to the Judges That this was done because of their insolent Carriage at the Bar and so they did not appear The Judges of the King's-Bench were sent to by the Lord-keeper to be in London on Michaelmas-day and the Chief Justice and Justice Whitlock were sent for to the King at Hampton-Court who advised with them about the imprisoned Members and upon the first day of the Term Mr. Mason moved for the Members to have the Resolution of the Court All the Judges declared that they were contented the Prisoners should be bailed but that they must find Sureties for their good Behaviour If this Addition of finding Sureties for the Members good Behaviour were part of the good Offices which the Judges did as Mr. Whitlock says to bring the King to heal the Breaches the Members had little Reason to thank them for their Pains Mr. Selden pray'd that his Sureties for his Bailment might be taken and the Matter of the good Behaviour omitted as a distinct thing So did the rest of the Members whereupon the Court remanded them to the Tower which I suppose is extraordinary the Court having them in their Power and the Tower no Prison of theirs in such Cases In the same Term the King's Attorney Heath exhibited an Information against Sir John Elliot Mr. Hollis Selden and Valentine in the King's-Bench setting forth the Matters in effect as were in the Information in the Star-Chamber to which the Defendants pleaded to the Jurisdiction of the Court because the Offences are said to be committed in Parliament and ought not to be punished in this or any other Court except the Parliament The King's Attorney moved the Court to over-rule the Plea tho he did not demur to it but the Court would not and gave a day to join in Demurrer and to have the Point argued and in Hillary-Term the Judges over-ruled their Plea and the Defendants were ruled to plead further but they would not whereupon Judgment was given against them upon a Nihil dicit That they should be imprisoned and not delivered till they had given Sureties for their good Behaviour and made a Submission and Acknowledgment of their Offences and they were also fined and what their Fines were you may read in the Appendix of the first Part of Rushworth's Collections But herein the Judges were not all of one piece for that venerable and honourable Gentleman Sir John Walter Chief Baron of the Exchequer and who was no placito-man dissented from the rest of the Judges whereupon the King discharged him from his Place I have heard my Father say that when Sir John received the King's Message he returned Answer that he was intrusted by the King in that Office quam diu bene se gesserit and that the Law was free for any Man to prosecute him if he had ill demeaned himself in it but to forsake his Station any other way implied Guilt which he was not conscious to himself of and therefore tho the King sent him his Quietus yet he retained the Perquisites of his Place to his Death A little before the Members Sentence in the King's Bench the King's Attorney exhibited an Information against one Chambers a Merchant for saying Merchants have more Incouragement and are less screwed up in Turkey than in England Chambers confest the Words but he spake them of the under Officers of the Customs who had much wronged him without reflecting upon the Government yet the Court fined him 2000 l. and to make a Submission which he refused as unjust and false The Fine was estreated into the Exchequer where he pleaded Magna Charta and other Statutes against the Fine it not being by legal Judgment of his Peers nor saving his Merchandise but the Barons would not suffer his Plea to be filed and afterwards he brought his Habeas Corpus but the Judges remanded him Thus you
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 Veâ—etians 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 Veâ—etians 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
Dutch to do what they please in them then Grotius is at a Non-plus further to enforce it in his Manifesto If any Man can find any thing else to do it let him have it for his Pains I 'll not envy him But how hainously soever Grotius takes this old and pestilent Error yet he allows it in himself L. 1. C. 1. Sect. 10. de Jure Belli Pacis where he makes the Original of Human Society and the Law of Nature to be from the Will of Man and to be immutable by God himself But of this more shall be said hereafter The first Chapter of Grotius his Mare Liberum is to shew that Jure Gentium Navigation is free to all Men every where and therefore the Dutch may trade to the East-Indies tho the Portuguez were Lords of the whole East-Indies but much more it would be unjust in the Portuguez to exclude the Dutch from trading with those People there who have no Dependance upon the Portuguez and are willing to entertain Trade and Commerce with the Dutch Answer He who accuses another of any Crime had need take care he be not guilty of the same himself and if it be so old and pestilent a Crime in Princes and States to claim a Dominion in the Sea tho enjoyed by Immemorial Prescription Grotius should have done well to have shewed how his Country-men the beginning of whose States was in the Memory of thousands then alive should arrogate to themselves to be Commanders of all the Seas in the World Protectors of all the Kings and Princes in Europe and Supream Moderators of all the Affairs of all Christendom as you may read in William de Britaine of the DutchVsurpation pag. 20. If it be so old and pestilent an Error in the King of England to claim an Acknowledgment of Submission of the Dutch for the Kings protecting them in the British Seas how much more pestilent an Error was it for the Dutch Anno 1620 without any Provocation of the English and in time of Peace to seize the Bear and Star two English Ships in the Straits of Mallaca going to China and confiscated Ships and Goods valued at 150000 l. See William de Britaine pag. 18. So that it is by Grotius his Doctrine an old and pestilent Error in the King of England to protect all Nations in the British Seas from Piracy and Violence and free to the Dutch to be Pirates in the Indian Seas by a Grant from Hugo Grotius If the Seas be free Jure Gentium for all Nations to trade with one the other How then came it to pass that the Dutch excluded all Nations from trading to Amboyna and Polloroon for Spice to which they had no Title but by forcing the English from them in times of Peace and when they received no Injury from the English c. to say no worse And if it be so much more injurious for the Portuguez to hinder the Dutch from trading to those Kingdoms and People in the East-Indies who have no Dependance upon the Portuguez I would know a Reason why it is not as highly injurious in the Dutch by their Fort Lillo upon the Scheld to hinder the English and all other Nations from trading to Antwerp and other Places in the Spanish Netherlands which have no Dependance upon the Dutch Here give me leave to observe tho after Grotius wrote his Mare Liberum That in the Marine Treaty made by King Charles the Second Anno 1674 it was agreed by the first Article that the Subjects of the King should with all Freedom and Safety sail and trade in all those Kingdoms and Countries in Peace Amity or Neutrality with the King and not be hindred or molested by Military Force or Ships of War of the Dutch upon any occasion of Hostility or Difference which now is or hereafter shall be yet this Treaty was scarce concluded when the English Ships trading to Antwerp were stopt by a Dutch Man of War riding before the Fort Lillo and forced to go back to Flushing or Rotterdam and there constrained to unlade their Vessels and pay their Customs and lade their Goods in Dutch Bottoms and to pay such Fraights as the Dutch pleased to impose upon them and this Usage notwithstanding this Treaty is still continued I think a like Instance cannot be given that ever any King of England served the Dutch or any other Nation so trading in the British Seas I do agree with Grotius that God hath so disposed this our Habitable Globe that some Places abound with things convenient and necessary for Human Use which the People of other Places want and that for the Entertainment of mutual Society and Commerce in all the habitable Places of the World Accession may be had by Water which cannot be done by Land but this cannot be done in a State of Anarchy or where Men live out of Society which tho Grotius would have the Dominion of the Sea to be yet he gives not one Instance of it nor how it can possibly be but more of this when we examine Grotius his Original of Human Society in his Treatise De Jure Belli Pacis The second Chapter of Grotius his Mare Liberum is that the Portuguez have not right of Dominion to those Indies to which the Dutch trade by the Title of Invention or first finding them out Answ They have as good a Title as the Dutch have to their new Batavia which they filcht from the Natives or to Amboyna Polloroon the Islands of Seran Nero Waire Basingen Latro Cambello Nitto Larica and Lantare which they filcht from the English then at Peace and Amity with them The third Chapter is the Portuguez have no right of Dominion to the Indies by the Donation of the Pope Answ Yet this Title is better than the Dutch have who have no Donation but by their own Will and Usurpation The fourth Chapter is the Portuguez have no right of Dominion against the Indians by the Title of War Answ As much as the Dutch have nor did they ever practise such Barbarities against the Natives and other Nations trading to the East-Indies as the Dutch have done and yet do The fifth Chapter is that the right of navigating to the Indies is not proper to the Portuguez by the Title of Occupation and here Grotius tells you abundance of Fictions of Poets and Tales of popular Orators which may serve better for Ballads than Foundations of a Discourse of this Nature Answ The Portuguez Title herein is better than the Dutch for they were Occupatants long before the Dutch were or their Government was form'd into States The sixth Chapter is the same with the third and needs no other Answer The seventh Chapter tho in the Print the third is that the right of Navigation is not proper to the Portuguez by the Title of Prescription or Custom Answ As Grotius puts the Case at large I do not find nor believe the Portuguez ever claimed or pretended to
any such Custom or Prescription so this is a Bag of Clouts of Grotius his own setting up and he might have saved himself the labour of throwing Stones at it The eighth Chapter is that Jure Gentium Trade is free with all Men. Answ True but this is in established Governments and not in a State of Anarchy and where Men live out of Society as Grotius drives at In the ninth Chapter Grotius chews the Cud upon what he said Chapter the fifth and needs no other Answer The tenth is the same with the third Chapter The eleventh Chapter is that the Trade with the Indians is not proper to the Portuguez by right of Prescription or Custom Answ This Chapter is more restrained than the seventh yet it is so large if you take the Indies as our East-India Company does from Cape Bon Speranza to the North of China including the East of Africk and both sides of the Red-Sea and Persian Gulph and the Islands which lie between the Cape of Good-Hope and the North of China it is more than half the Circumference of the Globe of the Earth But this is another Bag of Clouts of Grotius's setting up for I do not believe or find the Portuguez ever made any such Claim or if they did it would have been impossible to have maintained it The twelfth Chapter is that the Portuguez endeavour by no Equity to forbid Trade which if they do I do agree with Grotius These Premises thus learnedly established you need not doubt but that The thirteenth Chapter is that the Dutch have a Right of entertaining Commerce to the East-Indies as well in Peace and in making Truces as in War Note I have heard a Story of the Cham of Tartary that after he has din'd he gives leave by sound of Trumpet to all the other Princes and Potentates in the World to go to Dinner so Grotius after he had bound up all Nations at Land by his Civil Compact in his Jus Belli Pacis in his Mare Liberum gives the Dutch Liberty to do what they please at Sea by a Grant from Hugo Grotius But I have often wondred what should engage Grotius to write this Treatise of Mare Liberum in favour of his Country-men for at this time he was a proscribed Traitor by them and if you 'll take his Word in the Dedication of his Jus Belli Pacis to Lewis the 13th he was ill used by them unless it were as Caius Marius did after he was proscribed by the Senate to be an Enemy to Rome refused to enter Rome till his Proscription was revoked by the Senate which when they met to do Marius entred Rome and massacred them so Grotius hoped by this Treatise to have his Proscription reversed and that he might return home again to set his Countrey-men at Land together by the Ears and in Tumults as he endeavoured to have done before And if it be true which Grotius says Lib. 2. cap. 2. de Jure Belli Pacis that before the Civil Pact all things at Land were in common and that no Man had Right to any thing but that another by the same Right might take it from him and that the Civil Pact was never of the Sea Whether this does not justify all Pirates and Robbers at Sea in all their Depredations and Piracies But because we see but by halves here we will hereafter examine his Civil Pact and see how Men by his Reasons come to be bound up by Land and loose at Sea which neither Mr. Selden nor any other that I have seen who wrote against Mare Liberum have done But if it be so old and pestilent an Error in all other Christian Kings and States to assert their Rights and Dominion upon the Seas Grotius if he had had any Ingenuity should have admonished his Country-men to have avoided this old and pestilent Error before he charged all other Christian Princes and States with it but of this he says not one word But to return Noy how zealous soever he was against granting the King Tunnage and Poundage he must now find a way how the King may raise Ship-money besides Tunnage and Poundage not granted by Parliament nor Ship-money neither The Ground-work was that the King was in great danger by Pirates and the King sole Judg of the Danger He had finished the Work but liv'd not to see it put in Execution for he died the 9th of August 1634 to the great regret of the Arch-bishop In September following Sir Edward Coke died but upon his Death-bed Sir Laud's old Friend by an Order of Council came to search for seditious and dangerous Papers by virtue whereof he took Sir Coke's Comment upon Littleton and the History of his Life before it written with his own Hand his Comment upon Magna Charta c. the Pleas of the Crown and Jurisdiction of Courts and his 11th and 12th Reports in Manuscript and I think 51 other Manuscripts with the last Will of Sir Edward wherein he had for several Years been making Provisions for his younger Grand-Children the Books and Papers were kept till seven Years after when one of Sir Edward's Sons in 1641 moved the House of Commons that the Books and Papers taken by Sir Francis Windebank might be delivered to Sir Robert Coke Heir of Sir Edward which the King was pleased to grant and such as could be found were delivered but Sir Edward's Will was never heard more of to this day I do not find that the Arch-bishop was the first Mover of this nor do I find the like was ever done before the Arch-bishop was Primier Minister of State yet this I find that Windebank was found to be one of the Fomenters for carrying on the Popish Design with Con Cardinal Richlieu's Chaplain in the Year 1640. Sir Edward is removed by Death in September and Sir Robert Heath in October is removed from being Chief Justice of the Common-Pleas to make room for Sir John Finch as Heath before had been made Chief Justice to make room for Noy to be Attorney-General You need not fear but that Sir John Finch now a Favorite of the King and Queen and Arch-bishop who could put no Question when he was Speaker shall without Question judg Ship-money to be lawful whatever Magna Charta or Petition of Right says to the contrary Nor shall he stay here but be the prime Agent in breaking through the Bounds of Charta de Foresta by enlarging the Limits of the Forests so as no Man if the Parliament in 1641 had not prevented it could tell where it would have stopped But this was not all the Reason why Heath was turn'd out and Finch put in it was Kilvert's Pleasure one of Laud's Instruments to ruin his Patron the Bishop of Lincoln as you may see in the second Part of his Life fol. 118. tit 113. and it exceeds all Belief by what execrable means Laud by Finch Kilveâ—t and Windebank conspired the Ruin of the Bishop of Lincoln if
start from and that therein they were the King 's most Dutiful Subjects Things could not long stay here but upon the 20th of August in 1640 the Scots enter England with an Army of about 22000 Men commanded by General Lesley to deliver a Petition for Reformation of Religion and State and to justify their Proceedings and begin as the King did at the opening of all his Parliaments with the Necessity of their Proceedings The King the same day the Scots entred England posts to York having made the Earl of Northumberland General of his Army the Earl of Strafford Lieutenant-General and my Lord Marshal the Earl of Arundel General of his Forces on the South-side of Trent When the King came to York his first Care was to stop the Scots from passing the River Tine and commanded the Lord Conway and Sir Jacob Astly to oppose them but the Scots having the advantage of the Ground and sixfold more in number than the English force their Passage at Newborn about five Miles from Newcastle to the West and take Newcastle and after Durham and tax the Counties of Northumberland and Durham at 850 l. a day but the Rents of the Papists and the Church of Durham they take over and above The King instead of fighting the Scots is encountred with Complaints from the Inhabitants of Yorkshire Durham and Northumberland of the Miseries of their Condition then with Petitions from many of the Nobility the City of London and other Places for a free Parliament upon this the King assembles a great Council of the Nobility to advise what to do Now things are brought to the Point Richlieu had designed them The King in these two Expeditions had spent all the 900000 l. he before had lodged in his Exchequer and now had two Armies to maintain in the Bowels of his Kingdom when he not only had no means to pay either but also without doubt the Scotish Army were Pensioners to France The Lords advise a Truce which is accepted and all agreed but how to pay the Armies till a Parliament meet was a Question the Scots coming for all the English Mens Gudes demand but 40000 l. per Mensem but like their Country Pedlars fall to 25000 l. which is agreed which with the Charge of the English Army would amount to 60000 l. per Mensem to save the Country from Free-quarter In this Treaty the King named the Earl of Traquair to be assistant to the English Peers but the Scots excepted against him as an Incendiary and one to be brought to Punishment the King submits and leaves him out But how to provide Money to pay both Armies till the meeting of the Parliament which was to meet the third of November is the Question The King had not Credit it could not be had but from the City of London which was upon ill Terms with the King for Alderman Atkins Sir Nicholas Ranton and Alderman Geere were by Order of the Council in Prisons in London and the Attorney-General had Orders to draw an Information against them in the Star-Chamber for refusing to return the Names of such as were able to lend upon a Loan of 200000 l. demanded by the King The Lords therefore of the Great Council write to the City of London signifying the King 's gracious Resolution of calling a Parliament wherein he promised all Grievances to be redrest the Miseries of the Country if the Armies were not paid and not less than 200000 l. could prevent them and the Lords would give their Bonds for the City's Security whereupon the City lent the Money and then the Treaty was adjourned from Rippon to London But that we may better see how things stood at the opening of the Parliament let us look back a little After the King had dissolved the Parliament May the 5th he left the Convocation sitting who frame an Oath wherein they swear never to consent to alter the Government of the Church by Arch-bishops Bishops Deans and Arch-deacons c. as it stands now established and as by right it ought to stand which was interpreted to be Jure Divino They also made sixteen Canons and Goodman Bishop of Glocester for refusing to subscribe the Oath and Canons was suspended Being encouraged by Mountague Bishop of Norwich and Laud ' s Creature who Goodman said had in his Person visited and held Correspondence with the Pope's Nuncio and received his Letters in behalf of his Son who was then travelling to Rome and by his Letters had extraordinary Entertainment there Nor did the Convocation stay here but granted the King a Benevolence of six Subsidies to be paid in six Years the Refusers to be suspended and excommunicated To such an Extremity did the Clergy push things in this techy and disorderly time But any Man may easily guess the Spring which set all these Wheels in motion And it is observable that the Clergy who now taxed their fellow Subjects without Consent of the Commons shall ever hereafter be taxed by the Commons without the Consent of the Clergy CHAP. III. A Continuation of this Reign to the Death of the King UPon the third of November the Parliament met and the Nation which for above fifteen Years had been ridden by a more than French Government now look upon the Parliament I mean the Houses to become their Redeemers and by how much more Honour the Nation gives them so much less they leave to the King And here again you may see the unhappy Fate of Princes who treat their Subjects as Enemies and Favourites as their only Friends and Confidents For the first that forsook the King and run beyond Sea was Canterbury's old Friend Secretary Windebank next after him flies Finch and after the Earl of Arundel and scarce one of his old Favourites I mean before the Scots Troubles stood by him except my Lord Cottington Secretary Cooke was either really or politickly sick Juxton Bishop of London indifferent and in all the Wars lived in the Parliament Quarters but all the rest sided with the Parliament against him Only Laud and Strafford are laid in Prison and after put to Death Nor were the Factions less pliable to entertain these Minions and Favourites than they were forward to join with them I 'll give you one Instance herein In this Parliament all those who would not join them were called Delinquents and upon a Debate in the House of Commons concerning an Order in the Star-Chamber signed by my Lord Privy-Seal Secretary Cooke and others it was moved to send for Secretary Cooke as a Delinquent Another Member my nearest Relation from whom I had this moved That since Sir John Cooke was aged and infirm and above a hundred Miles off and my Lord Privy-Seal in Town therefore that the House should proceed against my Lord To whom Mr. Pym reply'd That whatever my Lord 's ante Acta Vitae were yet since he now went right that all ought to be forgotten Nay so zealous were these new-converted Minions and Favourites
Protestation wherein they Promise Vow and Protest in the Presence of God to maintain the true Protestant Religion expressed in the Doctrine of the Church of England and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Power and Privilege of Parliament and Liberties of the Subjects and to preserve the Union and Peace between the Kingdoms of England Scotland and Ireland but herein was the Difference between the Scots and English the Scots would improve their Covenant and establish it in England but the English scarce ever after care for their Protestation However the Commons prevail with the Lords to take it and then impose it upon the Nation upon the Penalty of being deemed Malignants and Disaffected The King little pleased with what he had done and less with what the Houses had done without him follows the Scots into Scotland and there cajoles the Covenanters with all Courtship imaginable makes Lesley the Scots General Earl of Leven and confers other Honours upon the Covenanters calls a Parliament and consents to the Extirpation of the Hierarchy and establishes Presbytery as fully as the Kirk of Scotland could desire The Scots at present promise all Duty and Obedience to him but how well the King found it in a short time will appear Whilst the King was thus busied in Scotland a horrible and hellish Massacre was perpetrated in Ireland by the Irish upon the English wherein it 's computed above 200000 Protestants Men Women and Children were butcher'd after which followed an universal Rebellion excepting in Dublin Londonderry and Inniskillen which was headed by the Pope's Nuncio a most proper Head for such a Body Yet so intent were the Factions in England and Scotland in establishing their Designs that little care was had of the miserable Relicks of the Protestants in Ireland It appears evident to me that Richlieu's Scarlet was deep dy'd in the Blood of the poor English in this Massacre for these Reasons 1. That the Scots who at this time were Pensioners to France were not medled with in their Lives and Fortunes as you may see in Sir Richard Baker f. 315. a b. 2. The King being in Scotland when he heard of the Massacre of the English and Rebellion of the Irish he moved the Parliament of Scotland then sitting for a speedy Relief to the English which they refus'd And it 's strangely observable That tho the Massacre and Rebellion in Ireland brake out the 23d of October yet the King did not proclaim them Rebels till the first of January and then by Proclamation gave a strict Command that no more than forty of them should be printed and that none of them should be published till his Majesty's Pleasure was further signified Upon the King's going into Scotland the Parliament prorogued themselves to a certain Day But the Commons appointed a Committee to prepare Business against their next Meeting yet send Spies to observe all the King's Actions and after the King 's Return to London which was upon the 25th of November 1641 the House of Commons upon the 5th of December make a Remonstrance of all the King's Miscarriages abroad and of the Grievances and Illegalities of his Ministers at home from the beginning of his Reign and that the King might be sure to see it as well as hear of it they print and publish it The King not being used to such Language was stung to the quick by the Commons Declaration and to retaliate it in Act upon the third of January enters the House of Commons and demands five of their Members to be tried for High Treason for holding Correspondence with the Scots Than which he could not have done a more imprudent Act for by it he unravelled all that he had done in Scotland by involving the Scots in the same Crime But the Members had their Agents in the King 's most secret Councils and had notice of the King 's coming before and so the five Members were withdrawn This Act of the King did not only set the House in a Flame and put the City into Tumults but brought Petitions from Buckingham-shire where Mr. Hambden one of the Five Members was Knight that the Privileges of Parliament might be secured and Delinquents brought to condign Punishment All this while poor Ireland lay bleeding The King as unstable in his Resolutions as inconsiderate in his Actions retracts all he had done and promises not to do so again But to no purpose for the Members resolve not to trust his Royal Word Prerogative and absolute Will and Pleasure and therefore will tear the Power of the Militia from him Rather than suffer this tho upon the Pretence of Tumults the King resolves to leave London But before the King left London my Lord Mayor Sir Richard Gurney Sir George Whitmore Sir Henry Garoway and other principal Citizens waited upon the King and engaged if he would stay they would guard him with 10000 Men if occasion were and told him If he went he would leave the City open for the Members to do as they pleased and that they were sure to be first undone the King told them he was resolved Then Sir Henry Garoway said Sir I shall never see you again However his Eldest Son Mr. William Garoway a worthy Gentleman who yet lives went with the King and followed him in all his Wars The worthy Citizens proved true Prophets for soon after the King left London the Members imprisoned my Lord Mayor Sir Henry Garoway Sir George Whitmore and all others whom they suspected would be faithful to the King and then in London began to assume the Power of the Militia After the King left London he went to York and from thence went towards Hull but is shut out of the Town by Sir John Hotham whom the King proclaims Traitor and now before it came to Sword and Pistol Men began a War with their Pens And herein it is observable that the Writers for the King chiefly maintained his Cause out of Sir Coke's Pleas of the Crown which by Order of the King's Council was upon Sir Edward's Death-Bed seized as dangerous and seditious and I do not find any who wrote for the Parliament ever used any one Topick out of it to justify their Cause tho it and Sir Edward's other Books of the Comment upon Magna Charta and Jurisdiction of Courts were printed by Order of the House of Commons and by them petitioned that the King would deliver the Originals to Sir Robert Coke Sir Edward's Heir Whilst things were in this Hurly-burly in England Portugal and Catalonia revolt from the Spaniard which as it was a mighty Blow to Spain so it much conduced to the Advancing the Designs of Cardinal Richlieu in France In England things could not hold long at this Stay but upon the 22d of August the King comes to Nottingham and hastily sets up his Standard there and invites all his loving Subjects to come to his Assistance against the Rebels
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
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
See the Life of General Monk p. 23 24. written by his Chaplain Dr. Gumble The Parliament having recruited the Earl of Essex's Army he forced his Passage and relieved Glocester the King's Army retreat to Newbury where it was charged by Essex and worsted and in the Fight the Ornament of the Age the learned and most ingenious Lord Falkland tho weary of his Life and presaging his own Destiny was slain as were the Earls of Sunderland and Carnarven If the King's Army had such bad Success before Glocester my Lord of New-Castle had worse before Hull for lying in a moorish unhealthy place in a sickly season of the Year viz. September and October the whole Army fell into Fluxes and other Distempers so as they were forced to raise the Siege having done nothing considerable in it besides at this time Lyn-Regis in Norfolk a Place near as considerable as Hull was seized by the Gentry of Norfolk and might have been relieved if New-Castle had not been engaged in besieging Hull Tho the English and Scotish Parliament agreed in their Solemn League and Covenant yet so did not Sir John Hotham and his Son with the Preferment of Sir Thomas Fairfax and others in the North so that Sir John Hotham refused to serve under Fairfax Hereupon the Parliament intended to have displaced Hotham which when he heard of both he and his Son treated with the Marquess of New-Castle to deliver Hull to the King and the Parliament suspecting the Design sent Sir Matthew Bromton Sir John's Brother-in-law to seize both Father and Son which Sir John little suspecting till it was too late fled to Beverly where he was seized by his own Soldiers and carried to Hull from whence Sir Matthew sent both Father and Son to London where soon after both lost their Heads When the Parliament sent Commissioners to invite the Scots to come to their Assistance the King sent Letters to disswade them from it urging the manifold Grants he had given to them when he was in Scotland last which compleated all they could ask and their solemn Protestations to be for ever his Majesty's most obedient Subjects See the Act cited by Sir Rich. Baker fol. 514. That it should be detestable Treason in the highest degree for any of the Scots Nation conjunctly or singly to raise Arms or any military Force upon any Cause whatever without the King's Commission But now unprovoked by the King and against his express Command they in open Hostility enter England a second time against him so little Faith or Honour was to be trusted to from these Covenanters for the Scots having made their Market with the King resolve to improve it with the Parliament and besides their Pay or Wages of Iniquity will have the Covenant and Kirk-Government imposed upon the English as well as Scots Nation and tho the King's Letters were signed by 19 Lords the Scots ordered them to be burnt by the common Hangman and in order hereunto General Lesley now Earl of Leven upon the 16th of January enters into England again with an Army of above 20000 Scots The King to add Reputation to his Arms summoned the Members of Parliament which followed him to meet at Oxford upon the 22d of January where they voted the coming of the Scots to be Treason and Rebellion but because they would not come up to the King's Desire in Voting the Members at Westminster to be no Parliament the King in great Displeasure with them and in his Letters to the Queen calls them his mungrel Parliament such was the Kindness the King shewed those Noble Lords and Gentry for sacrificing their Lives and Fortunes for his Service And to oppose the Scots the King makes a Cessation of Arms with the Irish and draws back into England the English which he sent to oppose the Irish but these were every where beaten 1500 of them cast away by Sea and the greatest Body of them commanded by Sir Michael Ernley Major General Gibson Sir Francis Boteler and Colonel Monk who shall unravel all the Parliament and Scots were now weaving were totally routed and dispersed by Sir Thomas Fairfax joining with Sir William Brereton near Nantwich and all these with Colonel Gibs Harmon Sir Ralph Dawns with 14 Captains 26 Ensigns and other inferiour Officers and 1500 common Soldiers taken Prisoners with the loss of their Cannon and Baggage So that as Serjeant Whitlock observes f. 79. a. these Irish never did the King any considerable Service But to sweeten this Prince Rupert at the close of this Year beat Sir John Meldrum a Scot who besieged Newark and his Army surrendred up their Arms Upon which the Parliament-Garisons in Gainsborow Lincoln and Sleford quitted these Places to the King's Forces And here we will end the Year 1643. and take notice how Mr. Serjeant Whitlock f. 64. b. errs in point of Time where he says the Scots passed the Tyne in 1642 under General Lesley to assist the Parliament and f. 67. a. he says the Queen was brought to Bed at Exeter of the Princess Henrietta Maria which for ought appears was before the Queen landed from Holland for she was born the 20th of June 1644. See Sir Baker's Hist f. 434. a. Anno Reg. 20. Dom. 1644. The Wonders which succeeded these two Years in England will better appear if a View be taken of the present Posture of Affairs as they stood in the beginning of this Year England and Scotland are united in one Solemn League and Covenant in January last Lesley or Leven enter'd England with an Army of 18000 Foot and 3500 Horse and Dragoons and soon after the Earl of Calendar enter'd England with an Army of 10000 Scots more these commanded by old and experienced Officers and the English Parliament's Armies were commanded by as brave and resolute Commanders as were to be found in Europe The Fleet wholly at the Parliament's Devotion and so was the City of London So that if you look upon the Superstructure nothing could appear more strong and lasting And all this time you hear little of Oliver Cromwel more than that he was a Captain of Horse and being of a bold and active Spirit secured the Town of Cambridg for the Parliament and was very diligent in obstructing several Levies for the King in Cambridgshire Essex Suffolk and Norfolk For these Services he had a Commission to be a Colonel of Horse and having an insinuating and canting way of preaching and seeming very Godly raised such a Regiment of Horse as was no where to be found the Riders spirited with Zeal to the Cause yet not of the Scots mode and to secure them without Oliver took care to provide them able Horses and to be well arm'd and accoutred so as every one of them beside Sword and Pistol had Pot Back and Breast Musquet-proof He was Nephew to Sir Oliver Cromwel who had a very great Estate but his Father being a younger Brother had not above 300 l. per Annum as was said Their
seem to court the King and the Parliament sent Propositions of Peace to the King at Hampton-Court the same they sent to the King at New-Castle when he was in the Power of the Scots which you may read in Whitlock's Memoirs fol. 120. b. and 121. a. But now the Mystery of Iniquity works for Cromwel was as fearful the King should agree with the Parliament as the King was unwilling to agree to them and therefore Cromwel gave Instructions to the Commissioners That if the King would assent to Propositions lower than those of the Parliament that the Army would settle him again in his Throne Hereupon the King returned Answer to the Parliament That he waved now the Propositions sent to him or any Treaty upon them and flies to the Proposals of the Army urges a Treaty upon them and such as he shall make professes he will give Satisfaction to settle the Protestant Religion with Liberty to tender Consciences to secure the Laws Liberty and Property and Privileges of Parliament and of those concerning Scotland he will treat apart with the Scots Commissioners See Whitlock ' s Memoirs fol. 271. b. Upon the reading of the King's Answer a Day was appointed by either House to consider of it and that in the mean time it be communicated to the Scots Commissioners There was a Report at that time and so yet continues tho I cannot find the bottom of it yet I am confident in time it will appear that Cromwel made a private Article with the King That if the King closed with the Propositions of the Army Cromwel should be advanced to a Degree higher than any other as Vicar-General of England as Cromwel was in the Reign of Henry 8. But the King was so Uxorious that he would do nothing without communicating it to the Queen and wrote to her That tho he assented to the Army's Proposals yet if by assenting to them he could procure Peace it would be easier then to take off Cromwel than now he was the Head that govern'd the Army Cromwel who had his Spies upon every Motion of the King intercepts these Letters and resolved never to trust the King again yet doubted that he could not manage his Designs if the King were so near the Parliament and City as Hampton-Court therefore Cromwel sent to the King That he was in no Safety at Hampton-Court by reason of the Hatred which the Adjutators had to him and that he would be in more Safety in the Isle of Wight Hereupon the King upon the 11th of November while the Parliament and Scots Commissioners were debating the King's Answer to their Propositions at Night made his Escape having Post-Horses and a Ship provided for him at Southampton accompanied only with Sir John Berkley Colonel Leg and Mr. Ashburnham and came to the Isle of Wight which would morally have been impossible if Cromwel and his Agents had not put the King upon it But how concealedly soever Cromwel and his Son-in-law Ireton had carried the Business of the King's Escape to the Isle of Wight yet the Adjutators had some Jealousy upon them that they designed to have the King establish'd and possest the Soldiers with much Prejudice against them Fairfax doubting the Event of these Practices dismist the Adjutators to their several Regiments and sent most of their Officers to their several Charges and appointed a General Rendezvouz of the Army at Cork-bush-field between Hertford and Ware upon the 14th which the Adjutators endeavour'd to have prevented The next Day many Soldiers of five whole Regiments mutiny'd against their Officers and wore Marks of Distinction to be known from the rest Cromwel Ireton and some other of the Officers struck at by the Adjutators were very active in suppressing them and seized upon some of the principal Mutineers and one or two of them were shot before their Troops were reduced and most of the Mutineers and the Officers which favoured them were tried at Court-Martials and cashier'd and three of them condemned to die And for this Cromwel had the Thanks of the House but it will not be long before they shall find little Joy of it From the Isle of Wight the King upon October the 18th sent to the Members for a personal Treaty of Peace at London which after much Debate was agreed to upon these four Preliminaries 1. An Act For Raising Settling and Maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and the Dominion of Wales 2. An Act For recalling all Declarations Oaths and Proclamations against the Parliament or those who had adhered to them 3. An Act That those Peers who were made after the Great Seal was carried from the Parliament may be made uncapable of Sitting in the House of Peers 4. That Power may be given to the Houses to adjourn as they shall think fit The King it may be not knowing Cromwel had intercepted his Letters to the Queen and so trusting to Cromwel's Promises and the Scots Commissioners flatly protesting against these Preliminaries as opposite to Religion the Crown and Agreement of the Kingdoms refused to sign any Propositions till a Peace was made which might comprehend all Interests Which had no other Effects than that the Lords and Commons Voted 1. That they will make no further Applications or Addresses to the King 2. That no Addresses or Applications be made to the King by any Person whatsoever without Leave from both Houses 3. That the Person or Persons that shall make Breach of this Order shall incur the Penalty of High Treason 4. That they will receive no more Messages from the King and that no Person do presume to bring any Message from the King to both or either Houses of Parliament or any other Person But these Votes were too hot to hold long These Votes were so pleasing to the Army that it was declar'd by a Council of War the 17th of January That they resolved to endeavour to preserve the Peerage and Rights and the Rights of the Peers of England notwithstanding any Scandals upon them to the contrary Yet within little more than a Year the Rump set up by the Army shall turn them out of doors as dangerous and useless Here see what a Labyrinth Men run into when they forsake the Paths of Justice for as Socrates says Plato Eutiphro If Men in Dissension will not submit to some certain Rule which may determine them their Dissensions will be endless and that the Will of the Gods if it be divided cannot be the Rule to determine Justice for Men in obeying one God may disobey another If therefore the Laws and Constitutions of the Nation may not be the Rule which may determine the Controversies between the King the Members the Scots and the Army then nothing can for else what pleased one would displease the other The King would gladly have had the Law to have determined the Controversies for this would have vested him in his Royal Power and by the 18th of Henry
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
do but said He would consider some time of it The next Day after Monk attended by Robison and Scot went to the House where the Speaker caress'd him in a florid Speech congratulating his coming to Town and in the Name of the House thank'd him for the great Service he had done them To which Monk in a plain Soldier-like Answer said That amongst the many Mercies of God to these poor Nations their Restitution was not the least that it was his Work alone and to him belongs the Glory of it that he esteemed it an Effect of God's Goodness that he was some ways instrumental in it wherein he did no more than his Duty which did not deserve the high Mark of Favour they put upon it That he would trouble them with no large Narratives yet desired leave to acquaint them That in his March from Scotland he observed the People in most Countries earnestly desired a Settlement for a full and free Parliament and that they would determine their Sitting a Gospel Ministry Encouragement for Learning in the Vniversities and that the Secluded Members before 1648 might be admitted without previous Oaths That he had answered They the Rump were a free Parliament and if there were any Force upon them he would remove it that you would fill up your House and then would be a full Parliament and that you had already determined your Sitting And for the Ministry and their Maintenance the Laws and Vniversities you had declared largely concerning them in your last Declaration That for the Gentlemen secluded before 1648 you had already given your Judgment and that they ought to acquiesce therein but to admit Members to sit without a previous Oath was never done in England yet begg'd leave to say That the less Oaths and Engagements were imposed your Settlement would be sooner attained yet that neither the Cavalier nor Fanatick Party have any share in the Civil or Military Power Then he recommended to them the State of Scotland and Ireland which you may read at large in the third Part of Dr. Bates ' s Elenchus The Rump were as little pleased with Monk's Speech as the Council of State with his Refusal to take the Oath of Abjuring the King and Royal Family therefore seeing he would not Swear as the Rump would have him they 'll try if he will Do as they will have him The Common-Council in London had passed an Order That unless they had a full and free Parliament they would pay no more Taxes This so startled the Rump that the next day after Monk had been at the House they sent to him to send 12 of the forwardest Citizens to the Tower and to pull up the City-Posts Chains and Portcullices In Obedience to the Rump's Order Monk marches into the Old Exchange and secur'd as many of the Citizens the Rump ordered as he found there but when he issued out his Orders to pull down the Posts Chains Gates and Portcullices the Officers withdrew and consulted what to do and resolved They could not obey these Orders and offered to lay down their Commissions Monk endeavour'd to pacify them and told them The Orders of the Council were to be obeyed but they persisted so as he was forced to set his lesser Officers to do the Work but did not pull down the Gates and Portcullices thinking he had done enough to satisfy the Rump but was mistaken for the Rump sent more peremptory Orders to pull down the Gates and Portcullices which piece of Drudgery Monk perform'd Col. Herb. Morley a Non-Abjurer of the King at this time was Lieutenant of the Tower and took this Occasion to come to Monk and assured him for the Tower himself and Sir J. Fagg his Brother-in-law whose two Regiments were in London and were resolved to agree with him in any Matters that should be for the publick Peace and Settlement This was a Preparative to what followed and that Night Monk returned to White-hall And the next Day or a Day after Praise-God Barebone with a multitude of Water-men and others who it may be could neither write nor read presented a Petition to the Rump for the excluding the King and Royal Family and that those who refused should not be capable of any Imployment for which the Rump thank'd them but the Success shall be no better than Richard's 90 Congratulatory Addresses This struck directly at the Authority of Monk whereupon he called a private Council of his Confidents to advise what to do where it was resolved to take a General Muster of his Army in Finsbury-fields the 11th of Febr. From whence Monk wrote to the Rump That the Services he had done them were slighted whilst the late Traitors no less Enemies to them than the Commonwealth had more Esteem than he From whence else was their Kindness to Lambert and Vane and new Offences against him and their Respect to that leering Heretick Barebone and all his Rabble And therefore demanded that the filling up their Members be within a Week and their Sitting determined and to give place to a new Parliament From Finsbury Monk sent to the Mayor That he would dine with him at the Bull-head in Cheapside where he desired the Mayor in the Evening to call a Court of Aldermen at Guild-hall This was blown about the City and thousands came to Guild-hall and I amongst the rest to see what the Meaning of it should be About six Monk came and all the way as he came and quite through the Hall the Cry was A Free Parliament I saw him when he lighted out of his Coach and went leaning on Col. Cloberry's Shoulder into the Mayor's Court but not one word he said and when he came into the Mayor's Court he read a Letter he sent that Morning to the Rump and then returned the Cry was the same A Free Parliament Monk said nothing Cloberry said You shall have a Free Parliament And it 's not to be imagin'd how far this spread in so little time for I believe in less than 2 Hours all the Bells of London were ringing and in all the Streets to the number 't was said of above 6000 Bonfires were made and Rumps of all sorts roasting But that Night Monk did not return to White-hall but lay at the Glass-house in Broadstreet If the Rump were nettled at Monk's Speech they were now ready to die for fear but since they could not shew their Teeth they would shew their Back-sides and voted a Committee of Five to order the Affairs of the Army whereof Monk to be one But Monk who but 4 Days before was so terrible to the City is now become their Darling they let him have 30000 l. to pay his Army in the City whereas that without was like a Herd of Goats upon the Mountains having no body to look after them nor a Penny to help themselves And Monk now having his Army entirely at his Devotion scorn'd for all the Rump's Vote to suffer any other of their Committee to
Offices he was capable of and that the Duke was fully convinced that their Interests were one and the Parliament was not only unuseful but dangerous both to England and France and that it was the Duke's Opinion That if his most Christian Majesty would write his Thoughts freely to the King upon this Subject and make the same Offer of his Purse to dissolve this Parliament as he made to the Duke to call another he did believe it very possible for him to succeed and from this time to the breaking out of the Popish Plot you shall see the Parliament call'd prorogu'd and adjourn'd by Order from France or French Ministers and Pensioners That this Design may be carried on in Masquerade the whole Band of Pensioners make it their Business to possess whom they could perswade that the Church is in danger truly said but untruly intended and that the Nation was running into Forty One All Countenance and Hopes of Preferment were promised to those who would support the Church from the Danger of Forty One This was blaz'd abroad and encouraged by all sorts of printed Pamphlets and if they met with Opposition the Authors and Printers were persecuted for publishing unlicensed Pamphlets Mr. Roger L'Estrange was the Champion and Pensioner of the Cause Never did Man fight so to force the Whig into the Church and when he was there made a Trimmer of him and would have him out again Forty One was his Retreat against all who durst contend against him and the Government This was the Licenser of the Press but never was there such a Press Rifler For propagating this holy Cause Sir Francis North is made Chief Justice of the Common-Pleas Sir Richard Rainsford Chief Justice of the King's-Bench William Mountague Chief Baron Vere Bartue a Baron of the Exchequer Sir William Scrogs a Justice of the Common-Pleas and Sir Thomas Jones of the King's-Bench Men all durante bene placito You need not fear the Chancery for at this time there were four Chancellors and Lord-Keepers alive The Parliament was to have met the 10th of November 1674 but the Instructions from France were not yet sufficiently ripened so 't was put off till the 13th of April 1675. At the opening of this Session my Lord-keeper told the Houses No Influence of the Stars no Configurations of the Heavens are to be feared so long as these two Houses stand in good Disposition to each other and both in a happy Conjunction with their Lord and Soveraign but they ought not quieta movere nor res parvas magnis motibus agere The House of Commons had been sullen these two last Sessions and proceeded contrary to the Humour and Design of the Court and therefore a Bill was brought into the House of Lords eâ—tituled An Act to prevent the Danger that may arise from Persons disaffected to the Government which was the same imposed upon the dissenting Clergy by the Oxford five-Mile-Act this my Lord-keeper said was a moderate Security to the Church and Crown which no honest Man could refuse and who did gave great suspicion of dangerous and Antimonarchical Principles This Oath or Abhorrence or Test is mentioned before and is now set on foot to be taken by all who enjoy'd any Beneficial Offices Ecclesiastical Civil or Military to which were added Privy-Counsellors Justices of the Peace and Parliament-Men It 's strange to me that Princes or indeed other Men who have any Piety or Fear of God should think to be secure in unjust Actions by Mens swearing to observe them For tho Human Actions be voluntary yet the End and Design by them is not in Human Power Paul may plant and Apollos water but only God can give the Blessing with what reason then can Man expect a Blessing from God because his Name is profaned and made as a stalking-Horse to attain it What Security had the Presbyterians by their Covenant or the Rump Parliament by their Engagement or Oliver or his Son by their Recognition And more I think the King could not expect hereby Whereas Princes whose Thrones are establish'd by Justice and Righteousness have a nobler Security than can be hoped for by Mens previous swearing to get Offices and Employments so that Trajan who was truly called the Just put his Sword into the Prefect's Hands and bid him draw it against him whenever he should attempt any thing against the Publick Good This King had a way never gone by any of his Predecessors to be present in the House of Lords at Debates and would solicit Lords for their Votes This was first declaimed against by my Lord Lucas as an Awe upon the Peers in their Debates and Votes This Oath being the Gap to let in the Popish Designs you cannot think the King would now be away but give all Countenance to the passing of it the Bishops to a Man were for passing of it so were all the Court-Lords or those who hoped for Preferment so as these were the much greater Part Yet the Country Lords when they debated it in Paragraphs made it inconsistent with the present Constitution of the Nation vain and superfluous and inconsistent in it self which held for seventeen days together But the Debates were laid aside by the Commons Votes against the Jurisdiction of the Lords in Appeals from Chancery These Debates you may read at large in Print in a Tract intituled A Letter from a Person of Quality to his Friend in the Country But because my Lord-keeper will have an ill-meant Distinction between the King 's Natural and Politick Capacity I 'll put one Case which I do not find in all these Debates The one Part of the Oath is I declare That it is not lawful upon any Pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those who are commissionated by him in pursuance of such Commission Suppose Duke Lauderdale should have a Commission from the King to bring his twenty two thousand Scots into England and you cannot believe the Scots Law to do it was made to no purpose and plunder and dispossess the English of their Estates and the Sheriffs of the Counties should raise the Posse to suppress them and compel them to keep the Peace as the Sheriff by his Commission and Oath is bound to do On which side does the Abhorrence of the Traiterous Position of taking up Arms against those commissionated by the King lie But you 'll say this cannot be imagined and I say the Design of imposing this Oath makes this not only imaginable but believed to be intended In the Debates the Commons raise a Storm against the Lords Jurisdiction in Appeals from Chancery upon which the King prorogued the Parliament to the 13th of October 1675. Tho the Duke lost Ground in the House of Commons and was disappointed in carrying the abhorring Test in the House of Lords yet he gained so much upon the French King
refused Sir William a Guard to go to the Prince and the Prince declined Sir William's coming to him so as Sir William was forced to return to Holland and wait for the Prince there till the Campagn was over After the Prince returned to the Hague Sir William acquainted him with the Powers the King had given him and that the King desired to act in concert with the Prince and therefore desired so soon as might be to understand the Prince's Opinion therein The Prince's Opinion was That the States with any Faith could not make a separate Peace and thereby expose the Confederates who had saved the States to the Mercy of the French King nor could a general Peace be made unless Flanders was left in a Condition to defend it self That it was in the King's Power to induce France to what was just and that the Prince must perform what his own Honour as well as what the States were engaged to for their Allies let it cost what it would This Answer was coldly received by the King so as he made no Reply to it My Lord Arlington possest the King that it was Sir William's ill Management that the Prince was not pliable to the King's Desires but if the King would imploy him in the Affair by the Benefit of his Lady's Relations the Prince might be better disposed So in November following the King sent my Lord Arlington upon this Affair to the Prince and my Lord Ossery who had married Madam Beverwort the Countess of Arlington's Sister My Lord Arlington treated the Prince with that Authority Arrogance and Insolence and so artificially that the Prince who was of a plain and free Disposition could not bear it but said the King never intended he should treat him the Prince after that manner Sir William and my Lord too had Instructions to sift the Prince to a Discovery of Applications made to him by discontented Persons in England and to enter into secret Measures with the Prince to assist the King against Rebels at home and to sweeten all my Lord Ossery gave the Prince Hopes of a Match with the Princess Mary the Duke's eldest Daughter but the Prince would not treat of a separate Peace was obstinate against the second said that the third was a Disrespect to the King to think that he was so ill beloved and that his Fortunes were not in a Condition for him to think of a Wife so that my Lord Arlington every way failed of his Expectation lost much of the King's Favour and utterly dissolved the Friendship and Confidence he believed he had in the Prince On the contrary though my Lord Ossery had above any other more bravely fought against the Prince's Interest by Sea in this last War with the Dutch yet the Sympathy of their noble Natures begot a Friendship which no Power less than Death could dissolve and my Lord became Partaker with the Prince in that glorious Attempt against the Duke of Luxemburg upon the Relief of Mons the Success of which was stopped by the unhappy separate Peace the States made with France and the Proposition which my Lord made of the Match between the Prince and the Princess made such an irresistible Impression in the Prince's Mind that would admit of no other Relief but Enjoyment Though the Prince could not suppress yet he concealed his Desires of matching with the Princess Mary till a little before the opening the Campagn 1676 when he disclosed them to Sir William Temple but before he made any Paces towards the attaining his Desires he desired Sir William's Opinion of the Person and Disposition of the Princess Sir William who was glad to find the Prince's Resolution to marry being a Debt due to his Family and the rather because he was the only one of the Masculine Line of it replied That he knew nothing of his own Knowledg of the Disposition of the Princess but had always heard his Wife and Sister speak with all the Advantage that could be of what they could discern in a Princess so young and more by what had been told them by her Governess Hereupon the Prince resolved to write to the King and Duke and beg their Favours to him in it and that my Lady Temple being to go over into England upon Sir William's private Affairs should deliver his Letters to both and desired that my Lady during her Stay in England would endeavour most particularly to inform her self of all that concerned the Person Humour and Disposition of the young Princess About two or three Days after the Prince brought his Letters to my Lady Temple he went to the Army my Lady Temple into England and about the beginning of July Sir William to Nimeguen to assist with Sir Lionel Jenkins as Mediators for a General Peace The States were desirous of Peace yet durst not break from their Confederacy not trusting England enough nor France at all so as to have Dependency upon either after the Peace made The French knew the States were bent upon Peace but the Prince against any but what was consisting with his Honour and the Preservation of the Spanish Netherlands so as to be a secure Barrier to the States against the Power of France The French Designs under the Covert of the general Peace to be treated at Nimeguen were to break the Confederacy and therefore their Ambassadors the Marshal D'Estrades and Monsieur Colbert accosted Sir William and told him they had express and private Orders from their King to make particular Compliments to him upon the Esteem their King had for his Person They told him they knew that the States were bent for Peace which could not be had unless the Prince of Orange would interpose his Authority which was so great with the Allies that they were sure the Allies would consent to whatever Terms the Prince should propose for a Peace and therefore there was no Way to procure a happy Issue but for the Prince privately to agree with France upon the Conditions in which the Prince might make use of the known Temper of the States to bring it to a separate Peace in case the unreasonable Pretences of the Allies should hinder a general one that the Duke of Bavaria had so acted his part with France at the Treaty 〈◊〉 Munster whereby he owed the Greatness of his House that b◠pursuing the same at Nimeguen it would be in the Prince 〈◊〉 Orange to do the same for himself and his Family and that 〈◊〉 what concerned the Prince's personal Interests their Master had given them Assurance he should have a Carte Blanch to write his own Conditions that tho they had other ways of making these Overtures to the Prince yet their Orders were to do it by none but Sir William if he would charge himself with 〈◊〉 that they knew the Confidence the Prince had in him and how far his Opinion would prevail with the Prince and that 〈◊〉 Sir William would espouse this Affair besides the Glory of having
alone given Peace to Christendom he might reckon upon what he pleased from the Bounty and Generosity of the King their Master Sir William in a well-composed Answer acknowledged his Obligations for their King 's good Opinion of him but that his Instructions were for a general not for a private Peace For the Prince of Orange he assured them it was his Opinion That the Prince had none for his or any Man 's else further than their Arguments prevailed upon his Judgment The Attacks upon Sir William not succeeding Monsieur d'Estrâ—des turned his Battery upon Pensioner Fagel to the same purpose the Ambassadors had done to Sir William of all the Advantage to the Interest of the Prince How these wrought upon the Pensioner Sir William does not say but says all the Offers of Advantages made to the Interest of the Prince met with no other Reception than what the Prince had foretold tho at this time the Prince struggled under great Difficulty by reason of the Frenchâ—â— â—â— great Treasure and great Order of disposing it The French Magazines were always filled in the Winter so as it enabled them to take the Field as they pleased in the Spring without fearing the Weather for their Foot or expecting Grass for their Horse On the other side the Spaniards wanting Money and Order left their Troops in Flanders neither capable to act by themselves nor in Conjunction with others upon any sudden Attempt nor to supply with Provisions either Dutch or Germans that should come to their Relief and their Towns were ill fortified and worse defended so that the French King in April took Conde in four Days and in May the Duke of Orleans took Bouchain and the Prince of Orange besieged Maestricht without Success But neither the good Success of the French this Campagn nor the ill Success the French Ambassadors had upon the Prince of Orange to induce him to a separate Peace retarded the French from pursuing of it for the French by their Emissaries in Holland but especially at Amsterdam offer such a Reglement of Trade as the People could desire the Restitution of Maestricht and all Satisfaction to the Prince of Orange he could pretend to upon his Loss or their Seizures in the War This put the Mob into a Ferment of having a separate Peace nor could any thing have allayed it but the noble Constancy of the Prince of Orange which stood unshaken in opposing it in all these Difficulties However this Campagn the Elector of Brandenburg in several Encounters beat the Swede and was in a hopeful State to have expelled them out of Germany and it had been just they had been so for the King of England and the King of Sweden were Guarantees in the Triple League at Aix la Chapelle for the Preservation of the Spanish Netherlands against the French King whereas the King of England stood still only looking on whilst the French Arms by Piecemeals devoured them and the King of Sweden in Conjunction with the French King assisting him in the War Put not your Trust therefore in such Princes The Prince of Orange however his Constancy in opposing a separate Peace was unshaken yet in the distracted State of the Confederates and the violent Humour of the Peoples running into it saw it was impossible to keep them out of it unless the King of England would interpose his Authority further than by being a bare Mediator and acquainted the King with it But the King in a long Letter under his own hand instead of an Answer complained That the Confederate Ministers in England caballed with Parliament-Men and raised all Mens Spirits against Peace as high as they could so that it was difficult for him to make any Steps with France towards a general Peace unless the Dutch Ambassador Van Beningham would put in a Memorial pressing the King from the States to do it and declared that without it all Flanders would be lost The Prince to comply with the King replied how willing he was that Van Beningham should put in such a Memorial from the States and that if the King pleased to have a sudden Peace the Prince thought it must be done upon the Foot of the Treaty of Aix la Chapelle which he would have the more Ground for because it was a Peace which he both made and warranted Sir William at this time was at the Hague when his Colleague Sir Lionel Jenkins wrote to him That there was a Negotiation of a separate Peace treating between the French Ambassadors and Beverning the Dutch Agent at Nimeguen without any Communication of it to the Mediators upon which Sir Lionel acquainted the Court of England with it Whereupon Orders were dispatched That in case a separate Peace was concluding or concluded the Mediators should publickly protest against it in his Majesty's Name This Sir William Temple wrote to my Lord Treasurer and Secretary Coventry That he could not understand the Reason of such a Protestation for if a separate Peace were thought so dangerous at Court as he knew it was in the Country the King might endeavour to prevent it and had it still in his Power as he had had a great while but if it were once concluded any other Effect of such a Protestation unless it were to irritate both Parties and bind them the faster by our being angry at their Conjunction could not be expected Nor did he know what Ground could be given for such a Protestation for tho the Parties had accepted the King's Mediation for a General Peace yet none of them had obliged themselves to the King not to treat of a separate one without his Mediation or if they had he did not see why the same Interests that could make them break through so many Obligations to their Allies should not make them as bold with a Mediator That as to prevent the thing may be a very wise and necessary Counsel so the King's Resolution in it ought to be signified as early as can be where it is like to be of that moment to France But if the thing should be first done as he could not tell how well to ground any Offence so he could as little how to seek Revenge and it would be to stay till we were struck and then trust to crying out That his Opinion was it were better to anger one of the Parties before a separate Peace than both of them after and if we must strain any Points of Controversy with them to do it rather by making a fair and general Peace than by complaining and protesting against a separate one But our Counsels at Court he says were so in Ballance between the Desires of living at least fair with France and the Fears of too much displeasing the Parliament upon their frequent Sessions that our Paces upon the whole Affair look'd all like cross Purposes which no Man at home or abroad could well understand and were often mistaken by both Parties engaged in the War as well as by both
Parties in the House of Commons till the thing was wrested out of our hands Upon the 5th of January 1676-77 Sir William received Answer from the King to his last Dispatches by the Prince's Direction which consisted of two Parts the first an Offer of the King's Entrance into the strongest Alliance with the States thereby to secure them from all Apprehensions from France after the Peace should be made the second was the King's Remarks rather than Conclusions or Judgment upon the Terms propounded by the Prince for a Peace that he the King believed it might be compassed with France upon the Exchange of Cambray Ayre and St. Omer for Aeth Charleroy Oudenard Conde and Bouchain This Answer was so different from what the Prince proposed so illusive and of so little Security to the Dutch that the Prince told Sir William that he would rather die than make such a Peace and complained that the Offer of Alliance was wrote to him by the King 's own Hand but this about the Terms of Peace from the Secretary's Hand which was in a Stile as if he thought the Prince a Child and to be fed with Whipp'd Cream That since all this had been before the foreign Committee he knew very well it had been with the French Ambassador too and that the Terms were his and were a great deal worse than if they had directly come from France But the French King 's wheedling our King and the Dutch about a separate Peace no ways abated the Vigour of his Prosecution of the War whilst Peace was mediating for in the beginning of the Year he takes the Field with a huge Army and block'd up Cambray and Valenciennes about the End of February and having provided sufficient Magazines for Subsistence of his Forces which neither the Spaniard nor Germans had broke into Flanders and into the Parts of Germany on the other side of the Rhine and with the most cruel Ravages of burning and spoiling those Parts of Germany that could be exercised and such as had not been used on either side since the War began The Allies made Complaints of this new manner of making War to his Majesty as Guarantee to the Treaty at Aix la Chapelle who employed his Offices towards France to hinder such Proceedings but the Things was done and the Point gained which was by an entire Ruin of those Countries from hindring the Imperialists from finding any Subsistence for their Troops if they should march into Alsatia and thereby divert those Forces the French resolved to employ in Flanders before the Dutch could take the Field and march to the Relief of those Places they intended to attack Before any Dutch Spanish or German Army could be brought into the Field the French took Valenciennes and laid Siege to St. Omer and Cambray But before they had taken St. Omer the Prince of Orange with the Forces of the States the Spaniard assisting him with no Forces not so much as Guides resolved to relieve it tho with the hazard of a Battel But the Duke of Orleance leaving a part of his Forces to defend the Trenches and joining with the Duke of Luxemburg with all the Troops the French King could send met the Prince at Mount Cassel where after a sharp Dispute the first Regiment of the Dutch Infantry began to break into Disorder The Prince went immediately to that Place where the Shock began rallied them several times and renewed the Charge but at last was born down by the plain Flight of his Men whom he was forced to resist as Enemies and fall in among them with Sword in hand and cut the first over the Face and cried out aloud Rascal I 'll set a Mark on thee at least that I may hang thee at last But neither Voice Action Threats nor Example would give Courage to Men that had already lost it so he was forced to recoil to those Troops which stood firm and made so brave a Retreat as was near equal to a Victory So as Flanders had only Mons and Namur for a Frontier by Land and Newport and Ostend by Sea However the Prince made an Attempt upon Charleroy which did not succeed Hereupon the Prince seeing all Attempts against the French would be in vain unless the King came in to assist the Confederacy of the Allies sent Monsieur Bentink into England to desire the King's Leave to make a Journey into England so soon as the Campagn was over to which he received this cold Answer That the Prince would first think of making the Peace and rather defer his Journey till that were concluded Could any Man now believe any other Prince should be so supine as not to apprehend the imminent Danger his Nephew stood in and in consequence his own Dominions And tho all the World but he saw and dreaded this yet the King as at the End of the first Dutch War would not This was about the beginning of June and about the middle of it Sir Temple's Son brought him Letters from my Lord Treasurer That he should come over and enter upon the Secretary's Place which Secretary Coventry had offer'd to lay down upon the Payment of 10000 l. and that the King would pay half the Money and the Treasurer must lay down the rest at present but did not doubt but the King would find a way of easing him of that too What could be expected in such a Reign where Secretaries of State who are the Eyes of the King and Kingdom to take Care of all foreign and domestick Affairs which cannot be carried on without Charges should purchase their Places and thereby not only disable them in the Performance of their Office but utterly to neglect it and make it their Business how they may be Gainers by their Purchase they had so dearly bought But Sir William excused it as not being able to raise 5000 l. now his Father was alive And tho Secretary Coventry came cheap enough by the Place it seems he was either unwilling Sir William should succeed him in it or that he would not trust to the 5000 l. to be paid by the King unless he might chuse his Successor who it may be would have given him 15000 l. for it After Sir William came over and the Bargain for the Secretary's Place not succeeding the King had often Conferences with him about the Peace and the Prince's coming into England he had a great Desire for the first but not for the other till the first were done He said his Parliament would never be quiet with him while the War lasted and then leave him in it unless they might have their Terms in removing and filling Places which he should be very loth to be so much at their Mercy and that the longer the War continued the worse it would be for the Confederates and worse for Flanders and therefore would have the Prince make a Peace for them if they would not do it themselves and that if the Prince and he would fall
made out the Popish Faction would lose the Tories and Passive-Obedience-Men who at present were their dearest Joys and without them they had not Means to carry on their Design of propagating the Catholick Cause they were sure of the King tho it 's believed he loved not the Duke of York and therefore the King made three Declarations the first of the second of June 1679 wherein he calls the Report of his Marriage or Contract with Mrs. Walters alias Barrow the Duke of Monmouth's Mother false and scandalous and upon the sixth of January following declared that they who should say he was married or contracted to the Duke of Monmouth's Mother were neither his nor the Duke's Friends and declared in the Presence of Almighty God that he was never married nor contracted to any other Woman but his Wife Queen Catherine and upon the third of March following declared in Council and entred it into the Council-Books in the Presence of Almighty God that he was never contracted or married to any other Woman but his Wife Queen Catherine and the Popish Party were sure enough no Issue would spring from thence to the Prejudice of their Cause And that the King might gratify this Faction as well as he had done the Nation in sending the Duke of York out of it he sends the Duke of Monmouth after him but the Duke being informed that Banishment is a Punishment which the King cannot inflict upon any Man unless he be convicted of some Crime the Duke of Monmouth returns again and the Duke of York followes him with this different Success that the Duke of Monmouth had all his Places of Profit and Trust taken from him and the Duke of York was sent High Commissioner into Scotland where the Duke of Monmouth's Victory at Blackborn had left a clear Field in Scotland for the Duke of York to play what Game he pleased but how well this agreed with the King's Speech at the opening of the Parliament That he had commanded his Brother to absent himself from him because he would not leave malicious Men room to say that he had not removed all Causes which could be pretended to influence him to Popish Councils a little time will shew but before we take a View of the Duke of York's Actions in Scotland it 's fit to see how things were carried on in England between the Dissolution of the Parliament and the meeting of the next or third Westminster-Parliament of this Reign The King by Proclamation dissolved the Parliament upon the 12th of July 1679 and issued out Writs for the meeting of another the 17th of October following but like the usual Methods of other things in this Reign when they met he prorogued them to the 26th of January following and then prorogued them to the 5th of April following viz. 1680 and from thence to the next 17th of May And when they then met prorogued them to the first of July and from thence to the 21st of October when he graciously declared they should then sit And now let 's see what 's doing in the mean while for the discovery and suppressing of the Popish Plot. To humour the Court the Tory Party set their Wits to work to ridicule the Popish Plot and Roger L'Estrange as Pensioner of the Party comes weekly or oftner out in defiance of it who is Party Judg Licenser and Rifler of the Press whilst his Antagonist Care who wrote The Weekly Packet of Advice from Rome wherein he discovered the Frauds and Superstitions of that Court and Church is not only thereupon arraigned convicted and sentenced for printing illicite or without Licence but by an Order of the Court of King's Bench it was ordained That the Book intâ—led The Weekly Advice from the Church of Rome or the History of Popery shall not from thenceforth be printed or published by any Person whatsoever Then a Design was set on foot to throw the Popish Plot upon the Presbyterians by leaving Papers of a Plot in the Lodgings of the principal Persons who were active in the discovery of the Popish Plot and then to search their Houses and prosecute them upon it and these Papers to be given in Evidence against them Mrs. Cellier was a principal Agent herein and Dangerfield as her Instrument at first made an Attempt herein upon Colonel Mansel who was prosecuted upon it but the Examination of it was referred to Sir William Jones then Attorney General upon whose Report of it to the Council they thereupon voted Colonel Mansel innocent and Dangerfield guilty and that this was a Design of the Papists to lay the Plot upon the Dissenters Charge and a further Proâ— of the Popish Plot. But this was such a Crime in Sir William Jones that he was soon after put out of his Place and Sir Robert Sawyâ—â— put in who would not venture the loss of his Place for such another Report By this time my Lord Chief Justice's Zeal which he professed for discovery of the Popish Plot was inverted into the quite contrary and he was not of the Opinion of the Council For after this Dangerfield procured his Pardon and then discovered the whole Plot which he printed hereupon Mrs. Cellier was prosecuted and tried before my Lord Chief Justice Scroggs upon the eleventh of June 1680. and Mrs. Cellier excepting against Dangerfield's Evidence he having his Pardon the Case was sent to the Court of Common-Pleas for their Judgment upon it who gave it that Dangerfield's Evidence was good yet let any Man read the Trial and see how the Chief Justice rated and vilified him so as Mrs. Cellier was quit and after the Trial committed Dangerfield to Prison upon the account there was a Defect in his Pardon though it was not then before him whether there was any Defect in his Pardon or not Then the Popish Party set another Design on foot to suborn the Discoverers of the Popish Plot for which Mr. Reading was tried and committed and also to suborn defame and scandalize the King's Evidence in the Discovery of the Popish Plot for which Thomas Knox and John Lane were convicted upon the twenty fifth of November 1679 and John Tasborough and Ann Price upon the third of February following Another Step towards the Discovery of the Popish Plot and Subversion of Popery was to discharge those in Prison upon it and in order to it you may read in the Trial of Sir George Wakeman Corker and Marshal what a Stress my Lord Chief Justice Scroggs put upon Oates his not accusing Sir George Wakeman upon his Letter before the Council when Oates was so tired weak and confounded with his other Evidence that he was scarce able to stand and how the Chief Justice repeats this and bids the Jury weigh it well and not be amazed or affrighted at the noise of Plots and that Sir Wakeman's Corker's and Marshal's Blood lie at Stake as did his and the Juries Souls c. And in my Lord Castlemain's Trial how he undervalued
make no Alterations in either it will not be long before you shall see Alterations made in both without you And I promise and swear to maintain the King's Jurisdictions against all deadly as I shall answer it before God Why this again For before you sware to maintain all the King 's Rights and Prerogatives and what does the King's Jurisdiction add to them However you are very prodigal of your Swearing and if his Highness will not believe you for your Swearing before you 'll try how far he 'll believe you now And that I take this Oath in the plain and genuine Sense and Meaning of the Words without any Equivocation Mental Reservation or Evasion and never to accept of any Dispensation from any Creature So God help me This is well sworn to interpret your Truth and Sincerity especially when the whole Oath is Confusion Equivocation or Contradiction and not one plain and intelligible Sentence in it In the Debates in Parliament for passing this Test the Earl of Argyle declared his Opinion That as few Oaths as could be should be imposed and that the Oath of Allegiance and Declaration had effectually debarred all Fanaticks of getting into any Places of Trust and though some Papists had swallowed the Oath yet a Word or two of Addition to guard against them was all he judged necessary The Earl opposed the dispensing with the King's Sons and Brother's taking the Test for that the King and People were of one Religion and hoped the Parliament would do nothing to loose what was fast nor open a Gap for the Royal Family to differ in Religion for their Example if it once appeared to the People to be honourable would have more Followers than a Thousand others would have and therefore wished if any Exception were it might be particular to his Highness which the Duke opposing the Earl concluded if it did pass it would do more hurt to the Protestant Religion than all the rest of the Acts and many other Acts would do good This Plainness of the Earl was the Cause of all that befel him as he was afterwards told by the Bishop of Edinburgh but the first Appearance of the Duke's Displeasure was two Bills given in against him one by the Earl of Errol the other by the King's Advocate who acknowledged it to be done by Commandment otherwise it was without his Line These struck at the Earl's Estate and Honours only that of Errol was that the Earl's Estate might be liable to pay him and others for the Debts contracted by his Father The Advocate 's Claim was to all his Heritable Offices But the Duke being informed that a Judgment in this Case would have exposed the Marquess of Huntley's Estate who was a zealous Papist the Duke of his own Accord put a full Stop to it for he found he said it did plainly impugn the King's Prerogative and might be of ill Consequence After this the Parliament was adjourned and a new Design was to get a Commission from the King to review all the Earl's Rights and heritable Offices and to charge his Estate for more than 't was worth Hereupon the Earl applied himself to the Duke against such a Commission and intreated him that if any quarreled his Right his Case might be remitted to the ordinary Judicatories according to the established Laws of the Land but this was not granted yet the Duke was pleased to allow the Earl time to go into the Country to bring his Evidence with a Promise no Commission should pass till the Earl's Return But you 'll see something more than the Earl's Estate was designed For the Earl was no sooner gone but he and the President of the Sessions were turned out of it Hereupon the Earl wrote to the Earl of Murray the King's Secretary praying leave to wait upon the King which he was pleased readily to grant and upon his Return to Edinburgh begg'd the same Favour of the Duke who told him he might not kiss the King's Hand till he had taken the Test Here you may observe the Test was not to be taken by any but those who bear Office nor to be imposed upon any before the First of January 1680 and this was about the Beginning of November before and the Earl being acquainted that one of the Clerks of the Council was appointed to summon the Earl to the Council the next Day which he conceived to be to take the Test he asked the Duke if with his Favour he might not have the Allowance by the Act The Duke told him no and the Earl urged it again in vain all the Delay he could obtain was but till Thursday the third of November the next Council-Day of Course Then the Earl said he was the less fond of the Test because he found some who had refused it were still in Favour and others as the Register who had taken it were turned out at which his Highness laught But how comes your Highness said the Earl to press the Test so hastily Sure there are some things in it which your Highness does not overmuch like To which the Duke answered angerly and in a Passion most true that the Test was brought into Parliament without the Confession of Faith but the late President caused put in the Confession which makes it such as no honest Man can take it which is a greater Contravention and depraving the Test than the Perjury and Treason charged upon the Earl for them then the Earl replied he had the more Reason to advise In this Interval the Earl spake with the Bishop of Edinburgh and saw his Explanation of the Test and that of the Bishop of Aberdeen and the Synod's Explanation of the Test and the Explanation of it by the Synod and Clergy of Perth and that of the Earl of Queensberry which as they differ all from one another so were they printed and made publick and which you may read at large in the Earl of Argyle's Case It 's observable that tho by the Test they swear the Confession of Faith recorded in the first of King James the sixth To be founded upon and agreeable to the Word of God and that they will never consent to any Change or Alteration thereto and at last swear they take it in the plain and genuine Sense and Meaning of the Words without any Equivocation yet the Bishop of Aberdeen and the Synod in the 2d Article of their Explanation say We do not hereby prejudg the Churches Right to and Power of making an Alteration in the said Confession as to the Ambiguity and obscure Expressions thereof or of making a more unexceptionable Frame and having made several other Exceptions the Sixth Article concludes When we swear that we take the Test in the plain and genuine Sense of the Words c. we understand it only so far as it does not contradict the Exceptions And the Synod of Perth makes four explanatory Exceptions to the Test and the fifth concludes When we swear in the
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
not mean by taking the Test to bind up himself from wishing and endeavouring any Alteration in a lawful Way which he shall think fit for advancing the Church and State where by his Example he invited others to be loose from the Test to make Alterations 6. That he understood this as part of his Oath which was Treasonable Invasion upon the Royal Legislative Power as if it were lawful for him to make to himself an Act of Parliament For the better understanding the Earl's Case it 's fit to consider first the Test was not to be imposed upon any but those who bear Office and the Earl was desirous to have laid down all his Offices which was denied him Secondly it was not to be imposed before the first of January whereas all these Proceedings against the Earl upon the Test were not only unwarrantable but the Council usurped the Royal Legislative Authority by imposing the Test upon the Earl before Thirdly that this Explanation of the Test by the Earl was by the Duke's Command and Allowance of the Council one Day and the next Day made Treason for publishing it the Earl being peremptorily commanded by the Duke to deliver the Explanation he had drawn in Writing to the Council 1. The Earl's Counsel insisted that the Earl having before always dutifully and loyally behaved himself to the King his Words and Intentions ought to be interpreted in the best Sense and in his Favour 2. That the Act against Leasing-making and depraving the King's Laws were for plain Words and Speeches tending to make Discords between the King and People and were never intended against a Person in Judicature required to give the true Sense of a Law to the best of his Skill and Conscience and that it would be strange in such a Case that this should be a Crime if one Man differ from another whereas oftentimes not only learned Lawyers but the Judges themselves differ about the Interpretation of Laws 3. That the Act of Parliament does not impose the Test generally but as a Qualification for those who shall bear publick Office and therefore it is just and commendable in any Person who has a Scruple of Conscience upon him to declare his meaning in taking of it how he understands it it matters not whether he errs or not for Conscientia etiam erronea obligat especially where a Man's Conscience is opposite to his Interest as in this Case to lose his Preferment nor was this any Reflection by the Earl upon the Act of Parliament nor their Prudence in imposing the Test 4. Tho the Earl could not take the Test otherwise than he explained it yet by the Act there was no greater Penalty than that Habetur pro recusante he should not hold his Places of Trust 5. That the Counsel allowed the Earl's Explanation by bidding him take his Place after he had made his Explanation 6. The Earl's Explanation could not be treasonable viz. Animo defamandi whenas he only made it to the Council when required whereas some Bishops whole Presbyteries and Synods had made Explanations of the Test and in downright Terms charged it with Inconsistencies and Contradictions and these allowed to be printed before the Earl made his and even the Council themselves had made an Explanation of it before the Earl was tried tho the Parliament was then in being and this made publick Q. If this were not more Treason than the Earl's tho his Counsel durst not say so 7. That the Earl by making his Explanation has assumed a Legislative Power to which it was answered The Legislative Power extends to all but the Earl's Explanation refers only to himself how he understood he might take the Test and this was done without any Diminution to the Legislative Power of making or interpreting Laws and if the Legislative Power be not satisfied it cannot extend any further than that the Earl shall be a Refuser of the Oath which is neither Treason nor Perjury as was charged upon the Earl 8. That the Earl was ready to give Obedience as far as he could did not import the Parliament had imposed an unlawful Oath for here is no Impeachment of the Justice or Prudence of the Law-giver nor can any Law be so plain especially affirmative Laws as this is that every Man shall understand it alike and if one Man declare one Sense of it and another otherwise how does this become Treason in one or the other or import the Injustice or Illegality of the Law 9. That the Earl was confident the Parliament never intended contradictory Oaths which was so far from being treasonable that considering the plain downright Objections spread abroad of the Inconsistencies and Contradictions of the Test it was a high Vindication of the Parliament 10. Therefore he thinks no Body can explain it but for himself which having no reference to any other this cannot be taken for any diminution of the Parliamentary Authority or depraving of the Law 11. That he takes it so far as it is consistent with it self and the Protestant Religion if this be a Crime the Earl is neither the Beginner nor Promoter of it so many Bishops Synods and Presbyteries having before printed it with Allowance from the Council nor the Promoter of it for the Earl said this only for himself and was passive in it being required by the Council to make his Explanation and if they divulged it 't was their Fault 12. That he did not bind up himself in his Station and in a lawful way to wish and endeavour any Alteration he thinks to the Advantage of the Church or State not repugnant to the Protestant Religion and his Loyalty This has reference to the Earl in his Station as he is a Peer of Scotland who has not only a Right in Parliament to debate freely of any Law in being but is a Member which has a Legislative Right and Vote to repeal as well as make Laws and herein can no more bind up himself than one Act of Parliament can bind another Parliament Note the Earl does not say this is part of the Test-Oath but part of his Oath in the Sense he takes the Test which makes no alteration of the Test The King's Advocate Sir George Mackenzy being one of the Conspiracy in contriving the Earl's Destruction you need not fear but he 'll strain his Wit to make good his Indictment of the Earl He begins with a long Invective against the jugling Covenant and this excellent Law the Test was established to prevent the like for the future and that no Law is of private Interpretation and if it were Men would be loose from Obedience to all Law and concludes with a Lie that there was no force upon the Earl to take the Oath that he took it for his own Advantage It 's true no private Interpretation of any Law is of force to bind another and whatsoever Interpretation another makes of any Law it makes no Alteration in the Law but if a
but so ridiculously cruel as will scarcely be believed for not only those who escaped were excepted but a Company of Girls some of 8 or 9 Years old who had made some Colours and presented them to the Duke of Monmouth while he was at Taunton these were excepted by Name and no Pardon could be purchased for this Treason till the Girls Parents had paid more for it than would have provided a Marriage Portion when they should come of Age. But suppose the King did imitate his good and gracious Brother in his great Clemency and Tenderness to his People and that Justice only looked forward in these Executions yet we will give Instances wherein this King did not imitate his good and gracious Brother in his great Clemency and Tenderness to his People Alderman Cornish tho he had committed two horrible Crimes in the Reign of King Charles one in presuming to examine Fitz-Harris while he was a Prisoner in Newgate before he was hurried from thence to the Tower to prevent his further Examination the other that he testified at Fitz-Harris's Trial that King Charles told Mr. Cornish that the King did countenance Fitz-Harris in his Design and had given him Money yet King Charles was so good and gracious as not to take away Mr. Cornish's Life But the offended Ghosts of Coleman Ireland Harcourt c. were no ways appeased by the Blood which flowed from the Stripes of Oates's Sentence nothing less than a Sacrifice of humane Blood must be offered to them and this to be performed by affixing Sacred Justice to it Upon Tuesday the of October Mr. Cornish having no dread of any Accusation upon him for any Crime but freely following his Profession was clapt up close Prisoner in Newgate without use of Pen Ink or Paper till Saturday Noon when he had notice of an Indictment of High Treason against him on Monday following and could get no Friend to come to him till 8 a clock at Night Next Day Mr. Cornish's Children petitioned the King to have his Trial put off which was referred to the Judges who you may be assured had their Instructions who denied it tho he knew not whether his Trial were for Treason against this or the late King and his most material Witness was above 140 Miles off and was also denied a Copy of the Pannel of his Jury The Charge of High Treason against him was That in the Year 1682 he had promised to be assisting to James late Duke of Monmouth William Russel Esquire and Sir Thomas Armstrong in their Treasons against King Charles II. The only Witness to prove this was Colonel Rumsey who swore That about the latter end of October or beginning of November at Mr. Sheppard's House Ferguson told Mr. Cornish that he had read a Paper to the Duke of Monmouth Lord Russel Lord Grey and Sir Thomas Armstrong which they desired should be read to Mr. Cornish that Mr. Sheppard held the Candle while it was reading and afterward they asked him how he liked it who said he liked it very well He remembred two Points in it very well one was for Liberty of Conscience the other was That all who would assist in that Insurrection who had had Kings Lands or Church Lands should have them restored to them Rumsey did not hear all the Paper but observed only these two Points it was a Declaration on a Rising and when the Rising was to have been it was to have been dispersed abroad there was a Rising intended at that time and Mr. Cornish said He liked the Declaration and what poor Interest he had he would join in it Rumsey had sworn at my Lord Russel's Trial that Mr. Cornish was not at the Reading or the Declaration by Ferguson and being tax'd for it in this said it was out of Compassion to the Prisoner and Mr. Sheppard who was subpoena'd for the King testified Mr. Cornish was not there Richard Goodenough was the other Witness which was about Words foreign to Rumsey's Testimony about seizing the Tower and a Rising in the City which if what Goodenough said had been true yet Mr. Cornish could not have been found Guilty of Treason for tho by the first Act of Parliament after the Convention of King Charles II. Words were made Treason against the King during his Life yet were they to be prosecuted within six Months and the Person to be indicted in three Months after whereas these Words were pretended to be spoken in Easter Term in 1683 which was two Years and a half before Add hereto the Words were imperfectly said by Goodenough and might be applicable to a pretended Riot wherein Mr. Cornish was concerned and that Goodenough was upon ill Terms with Mr. Cornish because he would not trust Goodenough to be his Under-Sheriff You may read the Trial at large with Mr. Hawles his fine and learned Remarks upon it and how rudely Mr. Cornish and his Witnesses were used at his Trial and how notwithstanding his Quality after Conviction he was tied as if he had been a boisterous and dangerous Rogue and that by Order and executed with the utmost Rigour of the Law for this far-fetch'd and ill-proved Treason But these Tories shall soon see they labour for others not for themselves and these whom they now persecute shall have the Ascendant over them And I observed this of Sir Thomas Jones who was Chief Justice of the Common-Pleas and most active in this Trial that he was one of the first if not the first who was turned out of his Place for giving his Opinion the King could not dispense with the Test and Penal Laws The Design thus deep stained in humane Blood first budded in Ireland but whether it was in Affirmance of the King's Promise to his Privy Council and after repeated by him in Parliament that he would make it his Endeavour to preserve the Church and State of England as by Law established let any Man who reads the following Story judg The Book stiled the State of the Protestants in Ireland said to be written by Bishop King fol. 58. says That King James was no sooner settled in his Throne but he began to turn out some Officers who had been most zealous for his Service and had best deserved of him meerly because they had been counted firm to the Protestant Religion and the English Interest such as my Lord Shannon Captain Robert Fitz-Gerald Captain Richard Coote Sir Oliver St. George and put in their places Kerney one of the Russians designed to murder Charles II. Anderson a mean Fellow Sheldon a profest Papist and one Graham and fol. 59. saith the Duke of Ormond was sent for abruptly and divested of the Government and immediately the modelling of the Army was put into the Hands of Colonel Richard Talbot a Man of all others most hated by the Protestants and who had been named by Mr. Oates in his Narrative for this very Employment so that many who believed nothing of the Plot before gave Credit to
Marquess clearly and upon what Guard he should stand Yes said the Keeper and to that purpose I have dispatched some Pacquets Then continue says the King to help me and them in those Difficulties with your best Powers and Abilities and serve me faithfully in this Motion which like the highest Orb carries all my Raccalta's my Counsels at present and Prospects upon the future with it and I will never part with you Which you may read in the first part of the Keeper's Life fol. 115. tit 127. The Keeper hereupon continues to prosecute this Advice to the Marquess after Duke but hereby lost the Duke's Favour who ever after sought all means to ruin the Keeper which tho he could not effect in King James his Reign he did it in the first Year of his Son 's But when the King understood that the Contraventions of the Duke with Olivares and Bristol was like to make a Rupture in the Treaty he then began seriously to consider with himself the fickle State he stood in both at home and abroad if the Marriage succeeded not all the two Subsidies he had granted him by the Parliament and the Benevolence he had raised after upon his Subjects by his own Authority was expended and a great Debt contracted besides he also besides the Benevolence stood upon ill Terms with his Subjects for petitioning him against the Spanish Match and asserting their Privileges by imprisoning them after he had dissolved the Parliament the like whereof was never before done by any of his Predecessors and now Buckingham had so violently caused a Rupture of the Match wherein he placed his sole Felicity he had not Courage so much as to frown upon him who could contribute no Relief whereas he dissolved the Parliament and imprisoned the Members upon their Advice against the Match who could have relieved him in his Necessities besides he now saw that Buckingham by his Audacity more worshipped the Sun in its Rise than in its Declination Now did he not know to whom he should complain nor was there any about him but the Keeper who durst give him any Advice In case a Rupture happened the King after all this wild Expence of Foreign Embassies and the Charge of his Son's Voyage to Spain would be despised by all Foreign Princes and States in case he did not endeavour to recover his Son-in-law's Patrimony which would in all appearance bring on a War between him and the Emperor and King of Spain who kept nothing from him and therefore had no cause to make War upon either Besides in case the King made War for the Recovery of the Paâ—atinate he could not hope to do it upon his own single account but in Conjunction with Foreign Confederates and above all with the States of the Vnited Netherlands who now had renewed the War against the King of Spain the Truce made between them and the King of Spain in 1609 being expired But how uniust would this be for the King to make War upon the Emperor and King of Spain who kept nothing from him and join with the Dutch herein who against the Treaty made between the King and them but three Years before viz. in 1619 kept from the King and his Subjects the Isles of Amboyna Seran Nero Waire Rosingen Latro Cambello Mitto Larica Lantare Polaway and Machasser in the East-Idies and Cabo de Bon Esperanza in Africk But the Impolicy of such an Alliance would be as great as the Injustice of it for hereby the English must lose the benefit of the Spanish Trade which above all others enriched the Nation and the King his Customs which above any other did arise from it These Considerations fixed in the King's Mind fearful of any War so cleft his Heart That as the Bishop of Litchfield observes he effected neither yet he submitted himself to be ruled by some whom he should have awed by his Authority but wanted Courage to bow them to his Bent. A Prince that preserves not the Rights of his Dignity and the Majesty of his Throne is a Servant to some but a Friend to none and least to himself as you may see in his Book fol. 167. tit 173. In these Perplexities the King saw no visible Means under Heaven to relieve him but by closing with his next Parliament and it was observed that some Impressions were gotten into the King's Mind that he was so resolved to be a Lover of Parliaments that he would close with the next that was called nor was there any likelihood that any Man's Incolumity tho it were his Grace himself should cause an unkind Breach between him and his People This Resolution of the King 's was not concealed from a Cabinet or Cabal of the Duke's which met at Wallingford-House who hereupon set up to consider what Exploit the Duke should commence to be the Darling of the Commons and as it were to re-publicate his Lordship and to be precious to those who had the Vogue to be the chief Lovers of their Country and resolve that all Attempts would be in vain unless the Treaty of the Spanish Match were quash'd and that the Breach thereof should fall upon the Duke's Industry so that what the Duke did before in spite to Olivares and Bristol he now pursues for his own Safety tho the King had little reason to thank him for it See the first Part of the Keeper's Life fol. 137. tit 147. And this took such Impression in the Duke that the Bishop heard the Duke afterward in the Banqueting-House before the King and both Houses of Parliament ascribe to himself the sole Glory of breaking the Spanish Match and you will soon see how the Prince and Duke after their return from Spain over-awed the King and made his Authority bow to their Bent for notwithstanding Buckingham blasted all the Raccalta's of his Counsels and the Prospect of his future Happiness placed in the Spanish Match yet he shall become the Duke's Advocate herein and note his Fidelity Constancy and Conduct in breaking it off and from his Disciple become his Master and teach him that Dolosus versatur in Generalibus and also keep back the Earl of Bristol from coming to the Parliament that he might not spoil the â—ine Tale the Duke had told yet at other times the King would say If he had sent Williams into Spain with his Son he had kept Heart-ease and Honour both which he lacked See the first part of the Bishop of Litchfield fol. 168. tit 174. The Duke thus doubly engaged resolved to break the Spanish Match and to dispose the King James to it the Prince writes to him That he must look upon his Sister the Queen of Bohemia and her Children never thinking more of him and forgetting he ever had such a Son Though it be evident the generous Spaniards were far enough from entertaining such a thought however Buckingham's Behaviour might have prompted them to it that by the Authority of Litchfield and Rushworth they entertained him
revoke those Powers more than by the Clause De non revocando procuratore inserted in the Instrument it self and then he conceived the Clause to be matter of Form and tho essentially of no binding Power yet usually thrust into every such Instrument and that the Civilians hold That it is lawful by the Civil and Canon Law for any Man to revoke his Proxy of Marriage notwithstanding it hath the Clause De non revocando procuratore inserted in it Therefore the Duke concluded as to this point That the Earl of Bristol in charging this Matter so highly upon the Prince had much forget himself Can any Man believe that when the Prince made the Procuration to the King of Spain and his Brother to his Espousals with the Infanta in his Name and left it in the Earl of Bristol's hands with the Clause De non revocando procuratore that he then had consulted with the Civilians that he might revoke it when he pleased or that this Marriage nine Years in treating was not founded upon the Honour and Oaths of the Kings the Prince and of Buckingham himself but upon the Niceties and Quirks of the Civilians Or did it become the Prince or the Duke either who when he parted from the King of Spain at the Escurial solemnly to swear the Treaty of Marriage and the Furtherance of it by all that was in his Power in the presence of the Earl of Bristol and Sir Walter Ashton as you may read in Rushworth fol. 285. and now in the face of the King and Parliament to plead a Nicety of the Civilians to absolve the Prince and himself Now let us see what the Earl of Bristol says for himself for the Duke's Charge upon him for Proceedings upon this Match His Reasons were 1. For that he had a Warrant under the Prince's hand for his Proceedings to consummate the Match 2. It was the main Scope of his Embassy 3. He was enjoined by the King and Prince's Commission under the Great Seal 4. He had positive Orders under his Majesty's hand King James since 5. It was agreed by Capitulation that it should be within so many days after the coming of the Dispensation 6. The King James and Prince signified by their Letters to him at the same time when they discharged him of his Commandment touching the Infanta's entring into Religion that they intended to proceed in the Marriage which Letters bear date the 8th of October 1623. 7. The Proxies were to that end left in his hands and after again renewed after the Prince's return into England 8. That he the Earl had overthrown the Marriage without Order for tho Sir Walter Aston and himself had used all possible means for gaining time and deferring the Desponsories yet the King of Spain caused it to be protested that in case the Earl should insist upon the deferring the Desponsories he would free himself from the Treaty by the Earl's infringing the Capitulations And in truth altho the King of Spain should have condescended to have prolonged the Desponsories until one of the Days of Christmas as by the Letter was required yet the Prince's Proxies had been before that time expired and he durst not without a precise Warrant put such a Scorn upon so noble a Lady whom he then conceived was like to have been the Prince's Wife as to nominate a Day of Marriage when the Proxies were out of date and he himself had sworn to the Treaty 9. He the Earl could not in Honour and Honesty but endeavour to perform that publick Trust reposed in him when the Proxies were deposited in his hands with publick and legal Declaration with an Instrument by a Secretary of State to the King of Spain leading and directing the Use of them and the same being then Instrumentum Stipulatum wherein as well the King of Spain was interested by the Acceptation of the Substitution as the Prince by granting the Proxies he could not in Honesty fail the publick Trust without clear and undoubted Warrant which so soon as he had he obeyed See Rushworth fol. 301 302. The Duke 's stating the Question super totam materiam was Whether this being the full Effect and Product of this Negotiation he had opened to them the Parliament be sufficient super totam materiam for his Majest to rely upon with any Safety as well for the Marriage of his only Son as for the Relief of his only Daughter Or that these Treaties set aside his Majesty were best to trust in his own Strength and to stand upon his own Feet So the Duke ended That if the bringing us from Darkness to Light did deserve any Thanks we must wholly ascribe it to his Highness the Prince Here is a Tale finely told parte inaudita altera but the Duke shall hear more of it and indeed it was a Net so spread in the sight of every Bird that it was a wonder it should catch any for at this time the Match was quite broke off with Spain and another entered upon with France when it must be suposed forsooth the Spanish Match was in Treaty and now must be broken off by Advice in Parliament which was before such a Mystery of State as not to be meddled with in Parliament But while the Prince and Duke were wrapt up in security of the Parliament as well as the King's Affections and that now the Duke was become as well the Peoples as the King's Favourite a new Accident happened out of which if the Prince and Duke had not been extricated by the matchless Wit and lively Industry of the Keeper in all appearance it would have put both Prince and Duke out of the King's Favour and Affections dissolved this beloved Parliament and have brought such a train of mischievous Consequences as could not have been foreseen or prevented I desire to be excused if I do not cite the Bishop of Litchfield's words in the Life of the Lord Keeper for I think the Case will more clearly appear without his Paraphrases and Glosses While the Marriage between the Prince and Infanta was in Treaty the King of Spain sent Don John Marquess Inoiosa his Ambassador to be resident in England a Man of true Spanish Gravity and Severity and a most rigid Promoter of the Popish Interest in England so that he was taken notice of to be the most surly and unpleasing Man that ever came to the Keeper about any Business If this Man were thus during the Treaty it could not be expected he would become better natur'd upon the breaking of it and the Duke of Buckingham was as jealous of him that he should spoil the Narrative he had made of the Proceedings in the Spanish Match as he was of the Earl of Bristol and therefore would never admit the Marquess to have any private Audience of the King in the Duke's Absence so that Sir Walter Aston wrote from Spain that it was complained of that Marquess Inoiosa had advertised thither he had not been able