Kingdoms of England Scotland and Ireland and Destruction upon the King when is was not in the Power of those which first raised the War against him to save his Life which they would have done I am told that the last Part of this Paragraph is an unjust Charge upon the Parliament in that they acted defensively in this War and that the King first raised Arms and this by the Authority of Mr. May. If I be mistaken I have the Authority of him who could best know I mean the King at his Death who declared That he never did begin the War with the two Houses of Parliament as all the World knows that they began with him it was the Militia they began upon they confest that to be his but they thought fit to have it from him and to be short if any body will look into the Dates of those Commissions theirs and his and likewise to the Declarations they will see clearly that they began these unhappy Troubles not he See Whit. Mem. f. 369. a. and all the Writers of those times If this be not Authority sufficient to shew the Parliament began the War the first Scuffle between the King and Parliament was about the Business of Hull where the Parliament had committed the Charge of the Town and Magazine to Sir John Hotham one of the Members of the Commons who was sent down thither to remove the Magazine to London but the Country of York petitioned it might still remain at Hull for securing the Northern Parts especially the King residing there Hereupon the King taking a Guard of his Servants and some Neighbouring Gentry upon the 23d of April went to Hull but contrary to Expectation found the Gates shut and the Bridges drawn up by Sir John and his Entrance denied though but with 20 Horse which so moved the King that he proclaimed Hotham a Traitor and sends to the Parliament for Justice against him To this the Parliament return no Answer but justify Sir John Hotham and order that the Sheriffs and Justices of the Peace do suppress all Forces which shall be raised or gathered together against Hull or to disturb the Peace nor did they stay here but put the Power of the Militia in Persons nominated by them excluding the King in ordering any thing together with them and authorized Hotham by his Warrants to raise the trained Bands in Yorkshire to march with their Arms into Hull where he disarmed them and turned them home again See Whit. Mem. f. 55 56. So I submit this to Judgment whether this was not raising Arms against the King being done by Subjects and contrary to the King's Command and if the King did encrease his Guards yet this was subsequent to the excluding the King from having Power in the Militia and Hotham's Raising Arms and Disarming the Trained Bands of Yorkshire Mr. May says p. 55. the Parliament being then intent upon settling the Militia by Land took care also to seize the Navy into their Hands and ordered the Earl of Warwick to be Admiral to put this in Execution but the King had chosen Sir John Pennington to that place instead of the Earl of Northumberland and sent a Command to the Earl of Warwick to resign the Place to him Pennington But the Earl chose rather to obey the Ordinance of Parliament and with great Courage and Policy got the Fleet into his Hands tho many of the Captains stood out against him but the Earl deprived them of their Commands and possest himself of the Ships taking shortly after another Ship called the Lyon of great Import coming out of Holland and laden with Gun-power which proved a great Addition to his Strength So here was a double Beginning of the War by the Parliament both in seizing the Fleet and taking the Lyon and this before the King committed any Act of Hostility And for the carrying on this War which Mr. May calls the Cause the Parliament upon the 10th of June made an Order for bringing in Money and Plate to raise Arms for the Cause and the Publick Faith for Repayment to them which brought it in So here the Parliament raised Money as well as Forces for carrying on the War before the King levied any And so I leave it to Judgment who first began the War Objection The Parliament raised Arms for their own Defence and Security of the Nation Answer This is said but of no kin to Truth or Reason for Men defend what they are possest of and the King was possest of the Militia and Fleet when the Parliament ravish'd both from him nor did the King use either against the Parliament when they invaded them Besides the King at least as he declared endeavoured to defend the established Religion and Laws of the Land whereas the Parliament contended to abolish the Established Religion and to exalt themselves above the Laws of the Land Objection 2. That the King had so often violated the Laws and Constitutions of the Nation and governed so Arbitrarily that the Parliament could have no Security for the future to prevent his so doing again so long as the King was possest of the Militia Answer The Case was not the same then when the King resolved to have no more Parliaments as now when the King had made this Parliament perpetual and had passed the Triennial Bill for Parliaments to meet whether he would or no And tho Favourites and Flatterers instill'd those things into the King when they were without any Fear or Apprehension of being questioned by a Parliament yet now the Parliament had so severely prosecuted and punished such Men and being perpetual or at least to meet Three Years after every Dissolution none would presume to advise the King in things derogatory to his Honour and the Interest of the Nation And now we proceed to the ensuing War The Parliament before the King set up his Standard at Nottingham Aug. 22 Voted That an Army should be raised for the Defence of the King and Parliament that the Earl of Essex should be Captain General of the Army and the Earl of Bedford General of the Horse The War began first between the Marquess of Hartford for the King in the West and the Earl of Bedford for the Parliament the Earl being worsted by the Marquess at Sherborn-Castle Goring got into Portsmouth and held it for the King but could not hold it long for the Country joining with Sir John Meyrick forced him to surrender who thereupon went into Holland and my Lord Say St. Johns and Weemen with Colonel Whitlock enter Oxford and keep it for the Parliament But the Face of Affairs soon changed for the King having made the Earl of Lindsey his General and the Parliament the Earl of Essex upon the 23d of October the Armies met and fought at Edghil with uncertain Victory which both sides claimed the Earl of Lindsey was mortally wounded and taken Prisoner the Right Wing of the King's Horse commanded by Prince Rupert brake the Left
of the Bishop of Lincoln's Life and within less than three Years after he became Arch-bishop got the Bishop of Lincoln fined and imprisoned and his Estate to be sequestred by an Order of the Star-Chamber and at last acknowledged he had never read the Commission by which he acted These things see in the Bishop of Litchfield par 2. fol. 125. tit 119. Tho Laud had never read the Commission by which he acted yet so zealous was he for the Execution of the Sequestration of the Bishop of Lincoln's Estate that he sends this Warrant to the King's Solicitor I think Sir John Banks It is his Majesty's Pleasure that you prepare a Commission to the Prebendaries of the Collegiate Church of Westminster authorizing them to keep their Audits and other Capitular Meetings at their usual times and to treat and compound with the Tenants for Leases and to pass the same accordingly chuse Officers and confirm and execute all other lawful Acts for the good and benefit of the College and said Prebendaries And to take out the Common or Charter-Seal for sealing such Leases and Grants as will be agreed upon by the Sub-Dean and the major part of the Prebendaries and also to pass all the Premisses under the Title of the Dean and Chapter of the Collegiate Church of St. Peter in Westminster during the Suspension of the Bishop of Lincoln from the Deanary of Westminster and for doing whereof this shall be your Warrant Lambeth-House 22d of November 1637. W. Cant. See Whitlock's Memoirs fol. 25. a. Whether the King ever granted any such Warrant to W. Cant. non constat for the King never speaks to his Subjects but either personally in Parliament or under the Broad-seal which here does not appear besides all Warrants of Courts are signed by the Seals of the Courts and executed by their proper and sworn Officers neither of which were W. Cant. or the King's Solicitor Yet at this rate was this Nation ridden during the Regency of W. Cant. This Phaeton thus mounted up on high being the first Peer of England was yet higher in the King's Favour than Richlieu was with the French King But as the Temper of these Princes and their Favourites were different so had they different Fates Lewis was steady and true to his Word from whence he acquired the Title of Just Charles fickle and unstable easily put upon things by his Favourites and as suddenly altering them and doing quite contrary from whence it was that Lewis supported the Cardinal in all his Shocks of adverse Fortune and to the Indignation of his Mother whereas Charles in the Adversity of their Fortunes gave up Laud and all his Favourites as a Sacrifice to their Enemies As the Fates of these Favourites were different so were their Parts Richlieu's High Generous and the ablest Statesman of the Age Laud's Pedantick and Narrow After the marrying the Lady Rich to the Earl of Devonshire he spent his time in seeking Preferment at Court and in setting up Factions in the University of Oxford for promoting Arminianism Richlieu was a Constant Assertor of the Privileges of the Gallican Church and a Hater of the Jesuits who bring in Innovations and exalt a Papal Power above them whereas Laud not only brought Innovations into the Church of England but was the Head of the Arminian Party under whose Banners the Popish Party sought to undermine and destroy the Church of England Richlieu laid the Foundation of the French King's Greatness by Sea and Land Laud put King Charles upon such Ways as proved the Ruin of the King Himself and the Church and State of England But before we proceed herein let us stay a little and consider the unhappy State of the Education of the Youth of England in Grammer Schools and Universities The End designed by God and Nature by Instruction of Youth is to honour and worship God and how to subsist and converse after they become Men for without the latter it will be impossible to perform the former I say this latter no way conduces to the End by breeding Youth up in Grammar-Schools and our Universities for no Man lives out of Society and Commerce and every Man stands in need of being supplied by another in things he stands in want of so that the great End by Education of Youth is to instruct Youth how to supply another so as to be able by another to supply himself of such things as he stands in need of but this is utterly neglected in Grammar-Schools and our Universities and yet double more are bred up in Grammar-Schools and our Universities than the Revenues of the Church can maintain and this Breeding fits Youth for no Conversation and Business but only puffs them up with a Conceit of their Learning when they understand not that of all Mankind they are the most unlearned and unfit for any Business The Supernumeraries of these unhappy Men who can get no Maintenance in the Church and by their Breeding are of no use in Church or State yet desire to live but can get no Living but by nourishing Factions against those who are preferred in the Church and State Poor Men they know no better and if this be taken from them they know not how to live From whence it follows that unless these Supernumeraries be restrained in their Education which cannot be but by rooting out of Grammar-Schools and the chopping Logick in our Universities whereby I say no rational Proposition in any Art or Science was ever inferred from Aristotle Descartes or any since these Supernumeraries will as necessarily nourish Factions in England as the Jesuits do here and in the rest of Christendom Many of these Supernumeraries got their Maintenance by being Chaplains to Noble-men and Gentlemen but in both they regarded more the Humour of the People where they were Lecturers and Disposition of their Patrons and Patronesses where they were Chaplains than the Liturgy of this Church The Diocess of London was too contracted to restrain the boundless Ambition of this Bishop for the last Parliament was no sooner dissolved but Laud presented the King with Considerations for the better setling Church-Government in both Provinces of York as well as Canterbury The 4th of these was That a special Charge be given against frequent and unworthy Ordinations but Latet Anguis in Herba None shall be worthy but Arminians The 5th was That special Care be had of our Lecturers in every Diocess which by reason of Pay are the Peoples Creatures and blow the Bellows of their Sedition But if the Bishop will not let them do this they know no other way to live and willingly would not starve For abating the Peoples Power the 2d Consideration is That every Bishop in his Diocess ordain that every Lecturer do read in his Surplice Divine Service before his Lecture which if he does 't is twenty to one those that pay the Lecturer will pay no more What then becomes of the Lecturer for there 's no other
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
ordered it that before the King should come at it he should pass through a Room wherein he had placed four Tables and upon each Table lay 5000 l. in Silver when the King came into the Passage he started and was amazed at the sight having never before seen such a Sum he asked the Treasurer the meaning of it who told the King It was the Boon he had given Sir Robert Carr Swounds Man the Oath he usually swore but five thousand should serve his turn and so for that time the Treasurer saved the King the other fifteen thousand Pounds To support these Favourites and other of the King's Country-men of less Note was all the King's Care notwithstanding his Foreign Affairs or his Proclamation at his first coming to London against Monopolies or his Speech at the opening of the Parliament But since Money cannot be had by Parliament other means must be found out There were many ways used for raising Monies during this Interval of Parliament First Monopolies which swarmed more than in any King's Reign before Secondly Payments for new invented Knighthoods never before heard of in England in Times of Peace called Baronets the Prince was 1000 l. and the King to quicken the Market promised to make but 200 of them tho when this Market was done he kept it up all his Life-time after Thirdly Tho the Baronets paid for their Honours yet the King issued our Commissions for reviving the old Obsolete Laws for making Men which could expend 40 l. per Annum to compound for not being Knighted Fourthly Payments for being made Knights of Nova Scotia Fifthly The purchasing of English Honours at certain set Prices a Baron at 10000 l. a Viscount at 15000 l. an Earl at 20000 l. Sixthly Payments for Scotish and Irish Honours I do not find set Prices of these Scotish Honours of the same Title to have the Precedence of an Irish as a Scotish Baron Viscount or Earl to have the Precedence of an Irish and tho an English Honour of like Degree had the Precedence of either of the other yet if either of the other had a higher Title he should precede an English Peer under a less as a Scotish or Irish Viscount shall precede an English Baron so such an Earl shall precede an English Viscount Seventhly Compositions upon defective Titles Eighthly Compositions for Assart Lands Ninthly Monies for making Prince Henry Knight Tenthly Monies to marry the Lady Elizabeth to the Palsgrave Eleventhly A Benevolence Twelfthly Monies borrowed upon Privy-Seals and never repaid besides Sales of Lands Woods and Fee-farm Rents c. During this Interval of Parliament was perpetrated a most horrible Murder upon the Person of Sir Thomas Overbury which is the more remarkable if it be considered how far tho the King detested the Fact Favourites had the Ascendant over the King and how the King influenced the Causes of this Murder and that the Story may more intirely consist it will be necessary to borrow a little of common Fame Sir Robert Carr was made Viscount Rochester the 25th of March 1610 and upon the 22d of April following was made one of the King's Privy-Council and having the Ascendant above all other Favourites over the King he chose a Council of some Persons how to advance himself in this great Power Of these Sir Thomas Overbury a Gentleman of brisk and lively Parts was the chief who had as much an Ascendant over the Lord Rochester as he had over the King and as Rochester was a Favourite so was Thomas Earl of Suffolk who had a Daughter named Frances married to Robert Earl of Essex Son of Robert cut off in the last Year of Queen Elizabeth who after was General of the Army raised by the Parliament in the late Civil Wars Tho of disagreeing Humours the Earl and Countess were of agreeable Years when they were married both about the Age of twelve Years and now had lived above ten Years without any Carnal Knowledg of one with the other as both confessed when the Countess sued for a Divorce whereto the Countess was intolerably bent and if publick Fame may be credited and which is attested by a Writer of the first 14 Years of King James his Life chap. 7. she entred into a Conspiracy with one Ann Turner to have poisoned the Earl But how cold soever the Countess was in her Affections to the Earl they were not less on fire to my Lord of Rochester and that these Flames might soar in an equal height the Countess by the help of Mrs. Turner procures one Doctor Foreman as he was called to bewitch Rochester into equal Desires of mutual Love with the Countess and now Familiarity between the Countess and Rochester becomes publickly scandalous However the Earl continued his Love to the Countess but withal acquainted her with the Dishonour she brought upon him and more upon her self by her loose Life which was now become so publickly taken notice of this was so far from reclaiming the Countess that it stung her to the quick and instead of Reformation she by Letters to Mrs. Turner who the Countess says is all her hopes of Good in this World and by her to Dr. Foreman whom she calls sweet Father and subscribes her self his Affectionate Daughter Frances Essex endeavours to procure the Doctor to bewitch the Earl to Frigidity towards her Sir Francis Bacon in his Charge against my Lord Rochester after Earl of Somerset at his Trial for the Murder of Sir Thomas Overbury gives Sir Thomas hard words as That there was little in him that was solid for Religion or Moral Vertue but was wholly possest with Ambition and vain Glory and was loth to have any Partners in my Lord of Rochester's Favour and that to flatter my Lord in his unlawful Love with the Countess of Essex Sir Thomas had made his Brags that he had won Rochester the Love of the Countess by his Letters and Industry But these stoln Pleasures could not satisfy the Countess's Desires and that she might enjoy them to be compleat she endeavours since the Design of poisoning the Earl did not succeed to make way to her Desires of marrying Rochester by suing out a Divorce against the said Earl which she acquaints Rochester with and Rochester and the Countess acquaint the Earl of Northampton who before was privy and consenting to the Familiarity between them and was easily induced to join in procuring a Divorce Tho this was agreed between them yet the Viscount would not proceed further till he had consulted Sir Thomas Overbury protesting he the Viscount would do nothing without his Advice Sir Thomas told him The marrying the Countess would not be only hurtful to his Preferment but helpful to subvert and overthrow him and who would being possest of so great Possibilities as he was so great Honours and large Revenues and daily in expectation of others cast all away upon a Woman noted for her Injury and Immodesty and pull upon himself the Hatred and Contempt
King James and all the Houshold and afterward King Charles in 1633 being crowned at Edinburgh where the Form ordained by the King was observed and the King swore to observe the Reformation as it then stood But some Alterations were made by King James in 1610 and by the five Articles of Perth in favour of the Bishops and more conformable to the Church of England King James who loved the Presbyterians in Scotland no better than the Puritans in England Anno 1610 called a General Assembly at Glascow wherein these Conclusions were enacted 1. That the Indictions of General Assemblies belong to the King by the Prerogative of his Crown 2. That Synods be kept twice in the Year to be moderated by the Arch-bishop and Bishop of the Diocess 3. That no Excommunication or Absolution be pronounced without the Knowledg and Approbation of the Bishop of the Diocess 4. That the Presentation of Benefices for the time to come by Death or Lapses be directed to the Arch-bishop or Bishop of the Diocess 5. That in Deposition of the Ministers the Bishop do associate himself with some of the Ministers within the Diocess 6. That every Minister at his Admission do swear Obedience to his Majesty and his Ordinary 7. That the Visitation of the Diocess be made by the Bishop himself but if the Diocess be too great by such a worthy Minister of the Diocess as the Bishop shall appoint 8. That no Convention of Ministers be moderated by the Bishop or a Minister named by him No Minister to speak against any of these Conclusions This Year also King James not well pleased with Presbyterian Ordination caused the Arch-bishop of Glascow the Bishops of Brichen and Galloway to be re-ordained in England by the Bishops of London Ely and Bath and also erected a High Commission in Scotland for ordering Ecclesiastical Affairs which you may read in Spotswood's History of the Church and all these were ratified by the Parliament holden at Edinburgh 1612. But King James did not stay here but propounded to have these five Articles to be passed the General Assembly in Scotland 1. That the Sacrament be received Kneeling 2. That the Sacrament be not denied Dying Persons desiring the same 3. That Baptism be not deferred longer than till next Sunday after Birth unless there be reasonable Cause to the contrary 4. That apposite Sermons be made upon the days of Christ's Birth Passion Resurrection Ascension and sending the Holy Ghost 5. That the Minister in every Parish catechize Children so as to be qualified to be confirmed by the Bishop in his Visitation These five Articles with some Difficulties passed the General Assembly at Perth 1618 which were agreed to by a Parliament convened at Edinburg 1621. Thus the Church stood in Scotland when the Arch-bishop Laud would make it conformable in all Points to that he was now establishing in England The first Step he moved herein was by preferring the Bishops in Scotland in almost all Preferments before the Nobility so that of thirteen nine were Privy-Counsellors and Spotswood Arch-bishop of St. Andrews was Chancellor and others were of the Exchequer and Maxwell Bishop of Ross contended with the Earl of Traquair to be Lord-Treasurer and were Sticklers to have Tithes and Impropriations and the Abbots Lands to be restored to the Church and the Weekly Meetings of the Ministers are termed Conventicles by the Bishops Tho the Doctrine of the Church of Scotland were Calvinism yet all Countenance and Encouragement by the Bishops were given to the Professors of the Arminian Tenets So that the Brawls and Contentions about them were as high in the University of St. Andrews as in Cambridg and Oxford There had not been one General Assembly since that of Perth 1618 when in 1637 the Common-Prayer Canons and High-Commission were imposed by the King 's and Bishop's Authority and besides the High-Commission the Bishops had Warrants from the King to grant Commissions in their several Diocesses to name Assessors Ministers and Gentlemen which might punish Offenders And tho the Common-Prayer mutatis mutandis was the same with the English yet in the Administration of the Sacrament the Form was the same in the Mass without the Exhortations in the English Common-Prayer The first Trial how passable they would be was upon Easter-day the Service was read at Edinburgh when no Tumult followed but when it was next read the 23d of July following all the City was in an Uproar and the next day the Lords of the Council issued out a Proclamation to discharge the Tumults of the People upon pain of Death yet divers Ministers at Edinburgh opposed the reading of the Common-Prayer and petitioned the Council against it Harvest coming on all things seemed quiet but at the end of it Edinburgh swelled with all sorts of People the Council fearing whereto this Concourse would tend by three Proclamations commanded all sorts of People not Inhabitants or not having Business to depart upon Penalty of Horning and Rebellion Instead of Obedience the Women and Children petition the Council against the Common-Prayer-Book and soon after the Noblemen Barons Ministers Burgesses and Commons which were sent to the King who commanded the Privy-Council to signify his Majesty's Aversness to Popery and Superstition In this Confusion the Earl of Traquair Treasurer and Roxborough Privy-Seal go to the King for Instructions how to proceed their Instructions were to remove the Session or Term to Sterling and by Proclamation to forbid all Persons coming to Sterling unless they declare the cause to the Council and procure a Warrant for the same upon Penalty of High-Treason This Proclamation was encountred by a Protestation of Noblemen Barons Ministers and Burgers at Edinburgh against the Roman Idolatry and Superstition the Common-Prayer-Book Canons and High-Commission And they enter into a solemn Covenant to maintain the Confession of Faith subscribed by the King's Father and his Houshold 1580 and after by all Ranks of People 1581 to which they swear a mutual Defence of one another against all Opposers and to this purpose they erected Tables or Persons to take Subscriptions of all sorts of People Traquair could not stem the Tide and so acquainted the King herewith who sends the Marquess Hamilton his Commissioner with Instructions one way or other to compose these Disorders When he came into Scotland he first demanded of the Covenanters what they required of the King for accommodating their Grievances Secondly What might be expected from them for returning to their former Obedience especially renouncing their Covenant But nothing would content them but a General Assembly and free Parliament they forbid him the use of the Common-Prayer in the King's Chappel and admonish him and the Council to subscribe their Covenant These Proceedings running so high the Marquess durst not pursue his Instructions being sure they would be affronted The Marquess gives the King an account of these things and desires further Instructions which were to gain time till the King could get a
and sure never was there such a Generation who so impudently out-braved Truth and all that may be call'd Sacred If you could force a Belief into them they first told you they fought for King and Parliament then they declared for the King and People against the Parliament and now they have taken off the King if you will have any Benefit of their Protection you must engage to their Government without King or House of Lords and be content with a piece of the Commons call'd the Rump Not content with the Death of the King the Rump proceeds to abolish Monarchy and place the original Power of Government in the People whose Representatives they are if you 'll take their Word and voted it High Treason to restore Monarchy or to assist or pray for Charles Stuart or any of that Line overthrow the King's Statue with an Exit tyrannus Regum ultimus Nor are they satiated with the Blood of the King but erect another High Court of Injustice whereof one Lisle an ignorant Fellow was President who condemns the Marquess Hamilton Earl of Holland and Lord Capel for raising Arms against the Parliament which themselves had destroy'd But tho the Rump and Army were establish'd upon these strange Principles yet being the Instruments of Divine Vengeance like a Torrent broke loose from raging Seas in less than five Years time they overwhelm not only England but Ireland and Scotland almost pull'd the Dutch States up by the Roots and made France and Spain tremble But that we may observe what follow'd let 's see what went before The Scots were the first who invaded England against the King to impose their Solemn League and Covenant which was more against the English Laws and Constitutions than Laud's Service-Books Canons and High-Commission were against the Scotish In July last the Scots invaded England commanded by the Marquess Hamilton in August Cromwel routs and utterly overthrows this Army and takes Hamilton Prisoner So the Scots who began these Wars first are the first chastised by this English Army But this is but the Earnest of what shall follow The secluded Members who first join'd the Scots beginning first with an equivocal Protestation but after downright joined with the Scots in their Covenant are now not only turned out of the House by the Rump but kept in nasty Prisons till they became as little dangerous as The House of Lords The horrid Irish Massacre and Rebellion succeeded in the third place And now the Rump having established themselves by subduing of the Scots under Hamilton and deposing the secluded Members are laying Rods in Piss to scourge these abominable Irish But before we proceed let 's see how things stood in Ireland In October 1641. the Irish Massacre was which succeeded in a Rebellion in which Richlieu's Scarlet was as deep dyed as in the Scotish and English Commotions The Head of this accursed Crew was John Baptista Pennuncio the Pope's Nuncio who in his Passage through France threatned he would suffer no Man to live in Ireland that wished well to the King or to the English Affairs Thus you see how all the Factions conspired against the King the Laws and Constitutions of England But for these last seven Years viz. so long as the Distractions were continued in England the War was pursued but by halves in Ireland King Charles in his Life-time had made the Marquess of Ormond Lieutenant of Ireland who in 1643 made a Truce with the Irish that the King might make use of the English in England But the Irish kept their Faith no better in it than the Scots had before with the King in the Peace in 1639. For on a sudden they rise against the Marquess now the English are sent into England and had surprized him if he had not been informed before and escaped into Dublin and being in no Condition to defend it but obliged to deliver it up either to the English sent by the Parliament or to the Irish he gave it up to the English who make Colonel Jones Governour and so Ormond leaves Ireland After the Marquess was withdrawn the Nuncio behaved himself like a Church-Man with such a Despotical Tyranny that he became intolerable even to the Irish themselves who being press'd by Jones Coot and Monk combine in a Body and send to the Queen and to the Prince of Wales for then the King was close Prisoner in the Isle of Wight to return the Marquess of Ormond and they would submit to his Authority and join to expel the Scots and Parliament's Forces The Nuncio taking this for an Affront to his Authority being that of the Apostolick See which is infallible threatens Excommunication to them who should not obey him but neither he nor his Excommunication were obey'd but was forced to Capitulate with the Irish themselves to procure his Departure which was as shameful as his Entrance was proud and insolent Upon the Marquess's Return he enter'd into most dishonourable Articles with the Irish which yet would not please Owen Ro Oneal who join'd with the Parliament's Forces and reliev'd Londonderry then besieg'd by the Lord Ardes After this Pacification with the Irish such as it was Ormond raises a numerous Army and by my Lord Inchiqueen routs a Party of Jones's going to Drogheda who takes the Town and Dundalk Green-Castle Newry and Trim and returns Victorious to the Marquess Hereupon the Marquess besieges Dublin but unfortunately sends my Lord Inchiqueen into Munster with if not the greatest the best part of the Army Jones falls upon the Remainder and utterly routs them This was in August 1649. And the same Month Cromwel lands at Dublin with an Army of 15000 old Soldiers Upon this Disaster the Irish no more to be reconciled to the English than the Scots Covenanters to Episcopacy quarrel with the Marquess which was never after composed So the Marquess left Ireland again leaving the Earl of Clanrickard Deputy Cromwel after his landing first storms Drogheda or Tredah with a most terrible Execution and after in less than one Year all Ireland upon the matter is reduced to the Obedience of the Rump who take dreadful Vengeance upon all the Irish who could be found to have had any hand in the Massacre of the English The King Charles II. having lost England and Ireland with all their Dependencies except the Isles of Guernsey Jersey Man and Scilly and the Plantations in America which shall soon follow set up for Scotland and makes the Marquess of Montross his Commissioner who having got together about 400 Swedes Danes Poles and Germans lands them at the Wick of Cathness in April 1650 and takes Dumbeath But Lesley having sent Major-General Straughan with 300 choice Horse he set upon this ill composed Body of Montross and utterly routs them Montross fled but was betrayed by the Laird of Aston who had formerly served him The Covenanters to shew their Clemency and Humility bind the Marquess in a Chair planted backwards on a Cart that all
was sitting might be dangerous since the Parliament had so lately recognized him and so many thousands of the People had congratulated his Assumption into the Protectorate And to begin at the Parliament might be as dangerous for this they thought would disgust the Nation in general neither did they know whether the Parliament would be disbanded by them they therefore resolve they 'll make Richard dissolve them and take the Odium upon himself and when that 's done they 'll do well enough with Richard To this end the Officers urge Richard to make good their Proposals but the Protectorian Officers advised him to seize the Heads of the Republican which tho Richard durst not come to yet he spake high and threatned the Officers to cashier them This had a double Effect for the Protectorian Officers the Lord Falconbridg Captain Philip Howard Colonel Ingoldsby Whaley Goff and others seeing the meanness of Richard's Spirit in neglecting their Advice leave him and the Republicans were not to be quelled with Words but exasperated by them so that upon the 22d of April they beset White-hall and sent Desborough and Fleetwood to beseech him to dissolve the Parliament and if 't were not speedily done they would set fire to the House and kill all who should resist which so frightned Richard that he forthwith signs a Proclamation for dissolving the Parliament The Parliament thus dissolved Richard's Turn was next to be deposed not one of the manifold thousands of the ninety Congratulatory Addresses who promised to stand by Richard with their Lives and Fortunes speaking one word in his behalf and so shall such another Turn about thirty Years after be served on King James the Second Tho Richard and his Parliament were out yet something else must be in yet before they would put in any thing else the Republican Officers send Ingoldsby Goff Whaley my Lord Falconbridg and Howard after Earl of Carlisle after Richard and his Parliament and take in Lambert Harrison Rich Parker Okey and others whom Cromwel turn'd out But before they would set up any thing instead of Protector they make Fleetwood General by Sea and Land and Lambert Lieut. General To prepare the way for what was to be set up the Officers prepare a Remonstrance inveighing bitterly against the Malignants for so they call'â— the Royalists that they had printed Lists and marked for Destruction the Godly especially the King's Judges and therefore they would revive the Good Old Cause and restore the Rump Parliament but William Pryn according to his rude way of writing answered them That their Cause was neither Good nor Old and bitterly charges them with Treachery and Ingratitude But all to no purpose for since no better was to be had these Officers awake the Rump out of their Lethargy wherein they had been above five Years asleep and now were become so miserably lean that none but the Officers could abide the sight of them they could get but forty two together and these looked so wretchedly that they had much ado to get Lenthal to be Head again to it But how nasty soever the Rump was the first secluded Members would have sat with them but the Rump would none of that but set Guards at the Door of the House to keep them out Thus got together they again depose Richard and send Ludlow to do the same by Henry in Ireland and thus you see what Security can be had by relying upon a Mercenary Army one part of it exalted the Father and another part of the same Army deposed both the Sons But in Scotland they let Monk alone who promised to be true to them Yet these were not the Halâ—yon Days the Republican Officers expected by restoring the Rump for the Rump tho it had been long asleep yet remembred they were before tuned out by the Officers of the Army and that they shall do so no more they make Lenthal General of all the Forces in England Scotland and Ireland by Sea and Land The Rump being contemptible to all the Nation and the Officers of the Army being thus divided and subdued and like Virginal-Jacks when one was up the other was down raised the Expectation of the Royalists That a sudden Change would be which could end in nothing but restoring the King And the Presbyterians exasperated by the Rump's Repulse again resolve not to sit quiet under it and therefore a Correspondence is held between them and the Royalists to depose the Rump whatever came of it To this end Sir George Booth rises in Cheshire with whom Sir Thomas Middleton joined but was ill seconded by the Royalists This alarm'd the Rump for they expected no better from the Presbyterians than the Royalists And now the Rump not well knowing the Man had so little Wit as to send Lambert against Sir George and you 'll soon see Lambert shall do that by the Rump which the Presbyterians and Royalists both together could not do For Lambert having overthrown Booth and taken him Prisoner tho the Rump were mightily joy'd at it and voted Lambert a Gratuity of a Thousand Pounds yet this no ways alter'd the Designs of Lambert which ever since the Death of Cromwel he had been hatching For Lambert after the Defeat of the Cheshire-men in his return for London at Derby the 16th of September procured a Petition from the Officers to the Rump that Fleetwood might be General of the Army and himself Lieutenant-General He was content to give Fleetwood the first Place as Cromwel had given Fairfax for he knew himself to be too hard for Fleetwood and a much better Souldier and so would do what he list And the greater part of the Officers in London join with Lambert in his Petition The Rump was more alarm'd at this Petition than at Sir Booth's Insurrection so as all Prosecution against him and the Cheshire-Men was at a stand nor were the Rump of one piece among themselves for Sir Arthur Haslerig a hot-headed Man was violently against the Army and said they made the Parliament a precarious thing and that Lambert trod Cromwel's Steps and his seeming Modesty in preferring Fleetwood was but a Decoy But young Sir Henry now become old Sir Henry Vane with much more cunning endeavour'd to carry on the Designs of Lambert and his Faction However the Majority of the Members rather than be deposed depose Lambert Desborough Berry Kelsey Ashfield Cobbet Creed Parker and Barrow and make a Council of War without naming a General of Fleetwood Monk Haslerig Ludlow Morley and Overton And to starve Lambert and his Officers the Rump vote That no Money shall be raised without Consent in Parliament and he that shall do it shall be guilty of High-Treason against the Commonwealth And the Nation to whom the Rump and Army were alike hateful took this for a very good Law However before this Infant Council of War should be warm in their Seats Lambert resolves to beat up their Quarters and marches directly to London but the
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