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
Contentions not only in civil but religious Affairs Having given an Account of the Reasons of the Ruine of the Roman Western Empire and how like our Case is to that of the Empire in its Declension It 's time to take a view of the State of the Goths and Vandals after they had planted themselves in Spain and herein I observe that though the Romans as well as Grecians esteem all other Nations barbarous but themselves yet the Government of them was equal if not better than either for it was a Regular Monarchy wherein the King did not govern by an absolute despotick Power but by established Laws nor could they make new nor alter the old or raise Money without the Consent of the States of their Kingdoms and this continued for many Hundred Years after how many of the Kingdoms in Spain lost these Privileges is too long to be inserted here yet at this Day the Kingdom of Arragon retains them So that the King of Spain never speaks to them as King of Castile In the Reign of Honorius and Arcadius Ann. 408. about five Years before Gundericus entred Spain Attila King of the Huns over-run the Empire and pierced into Gaul with a huge Army against whom Honorius sent Ecius the greatest General of his time with an Imperial Army which was raised in all parts of the Empire so as Ecius was forced to withdraw the Roman Legions in Britain to oppose Attila nor did they ever return more so that the poor Britains being enured to no warlike Discipline but only to serve their imperious Masters easily became a Prey to the Picts and Scots and so were in a more servile State than when they were under the Romans To redeem themselves from which they called the English Saxons to their Assistance who used them worst of all and expelled the whole Race of them out of that part of Britain now called England But this is observable That as in these Times the rest of the Roman Empire was over-spread with Arianism so was that part of Britain subject to the Roman Empire over-spread with Pelagianism and here observe the Justice of God upon them that these Men who ascribed to themselves a Power of Salvation without God's special Grace and Favour to them should not be able to save themselves from their Enemies but be either slaughtered by them or expelled their Native Country upon the Earth The Saxons which conquered the Britains were Heathen yet was their Government as well as that of the Goths a Regular Monarchy and so continued in all the Dynasties of their Kings and yet is continued notwithstanding the several Attempts of many of the Kings of the Norman and the Scotish Race to the contrary About ten Years after Ecius recalled the Roman Legions out of Britain viz. in 418. Pharamond entred Gaul and conquered some part of it which he called France after the Name of the Franks and Pharamond was Heathen and so was Meroveus his Successor and Childerick his Son and so continued till about the Year 490 when Clovis was converted to Christianity of whom Messeray glories that he was the only King in the World which was not Infidel or Heretick However the Government of the Franks as well as the Goths and Saxons was a Regular Monarchy till the Reign of Charles the 7th about the Year 1430. which was above a thousand Years after the Franks planted themselves in Gaul If we look back into the Reign of Henry the 2d of England we shall find him it may be the greatest of all the Western Kings and Lord if not of the greatest yet best part of France as he was Duke of Normandy and Aquitain in Right of his Wife Eleanor Aquitain having the Ocean on the West and Normandy the British Sea on the North. But this Dominion did not last long for King Henry's Son and John's Son Henry the 3d endeavouring to usurp a more than Legal Authority over their Subjects caused such a Ferment and Discord in the Kingdom and this lasted near 70 Years that the Kings of France in the mean time took all Normandy and the greatest part of Aquitain from the English When King James became King of England Henry the 4th was French King having composed by Force and Clemency the Civil Wars which had raged near 40 Years all over France and in the Year 1597 made Peace with Spain which was about 5 Years before King James became King of England and here let 's take a view of Spain Though Spain were 1 3 greater than France when King James came to the Crown of England yet France was I believe fivefold better peopled and generally a more fruitful Country How this came to pass it's fit to look back upon the Cause of the Sterility of Men in Spain and their abounding in France Ferdinand and Isabella King and Queen of Castile and Arragon about the Year 1490 having conquered the Kingdoms of Granada and Murcia and against their Faith given to the Moors brought in the Inquisition upon them the greatest part of the Moors forsook their Country and thereby left the Kingdoms of Granada and Murcia so much less peopled and Ferdinand and Isabella being addicted to the Roman Religion established manifold Bishopricks and Religious Houses in these Kingdoms of both Sexes and the Pope though he pleases to make Marriage a Sacrament yet forbids it to the Clergy and other of both Sexes who take upon them a Religious Life whereby as the Moors leaving Spain unpeopled it at present so future Generations became so much less replenished by how much more People took upon them a Religious Habit. But this Mischief did not stop here for Philip the 2d great Grand-Son of Ferdinand and Isabella and a most bigotted Prince to the Romish Superstition brought the Inquisition upon the Converted Moors which drove them out of Spain to the farther unpeopling of it and my Lord Bacon says that many of these poor converted Moors became as persecuted in their Exile for their Religion as if they had continued in Spain And this Mischief further followed not only to Spain but to Christendom for the exiled Moors having no other Habitation and Means of Living set up their Trade of Piracy in Algiers Tunis and Tripoli within the Straits and in Sally without whereby they have been a Plague to all other Christians as well as Spaniards who trade into the Straits and Affrick and other Southern Countries ever since About the time that Ferdinand and Isabel conquered Spain Columbus discovered the West-Indies and Hornando Cortez siding with one part of the Indians which were at War against the other and thereby becoming Conqueror of those he fought against he got incredible Wealth with a Discovery of the Rich Mines in Mexico The Blaze of this quickly flew all over Spain so that the Spaniards expected Mountains of Gold in running out of Spain into America and therefore near half Spain ran into America to seek new Adventures there the covetous
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
Ancre's Fate did not end with his Life for the next day after he was buried the Lacquies of the Court and Rabble of the City digged up his Coffin tore his Winding-Sheet and dragged his Body through the Gutters and hanged it upon the Gibbet he had prepared for others where they cut off his Nose Ears and Genitors which they sent to the Duke of Main Head of the Popish League the great Favourite of the Parisians and nailed his Ears to the Gates of Paris and burned the rest of his Body and hurled part of the Ashes into the River and part into the Air and his Wife soon after was condemned by the Parliament of Paris for a Witch for which she was beheaded In the Year 1618 a Blazon Comet appeared and the Marquess of Buckingham by the removal of my Lord Admiral Nottingham who was so in the famous Overthrow of the Spanish Armado in 1588. was made Lord Admiral being as well qualified for that Office as he was for being Prime Minister in State-Affairs It was no wonder that Lewis XIII th after the Death of the Marquess d' Ancre and his Wife should remove his Mother from State-Affairs and confine her to Blois to make room for Luynes to govern him more absolutely than the Marquess and his Wife had done his Mother for Lewis as he was of a feeble Constitution both of Body and Mind so Luynes was a kind of Governor to him appointed so by his Father Henry the 4th to humour him in all his Childish Toys and Pleasures So tho Rehoboam when forty Years old was governed by young Men not in Years but Understanding so neither was it any great wonder that Edward the 2d a young Man should be governed by Pierce Gaveston a Person of far more accomplished Parts than Buckingham for Gaveston was bred up with Edward and had so far by his Flatteries prevailed upon him that Edward could not enjoy any Pleasure in his Life without him But for an old King having been so for above fifty one Years to dote so upon a young Favourite scarce of Age yet younger in Understanding tho as old in Vices as any in his time and to commit the whole Ship of the Common-wealth both by Sea and Land to such a Phaeton is a Precedent without any Example But how much soever the Safety of the English Nation was endangered hereby yet the but mentioning any thing hereof was an Invasion of the King's Prerogative and meddling with State-Affairs which was above the Capacity of the Vulgar and even of the Parliament as you will soon hear But how absolute soever the King was at Home the face of Affairs Abroad stood quite contrary for the Dutch having retrieved their Cautionary Towns out of his Possession had the King in such Contempt that they neither regarded him nor his new Lord High Admiral and this Year says the Author of the Address to the Free-men and Free-holders of the Nation in his second Preface f. 13 14. The Dutch never before fished upon the Coast of England till they had begged leave of the King or Governour of Scarborough Castle but this was now thought beneath the Magnificence of the Hogan Mogans and therefore they refused it They had been formerly limited by our Kings both for the Number of their Vessels they should fish with and the time Now they resolve to be their own Carvers and in order to that denied the English the Sovereignty of the British Seas and as if this had not been enough drew nearer and nearer upon the English Shores Year by Year than they did in preceding Times without leaving any Bounds for the Country-People or Natives to fish upon their Princes Coasts and oppressed some of his Subjects with intent to continue their pretended Possession and had driven some of their great Vessels through their Nets to deter others by like Violence from fishing near them c. as Secretary Nanton January 21 1618. told Carleton the Dutch Ambassador And to justify all this they set out Men of War with their Fishermen to maintain all this by Force But it was not Fish our new Lord Admiral cared for nor did he care for the King's Soveraignty of the British Seas so as he might be Lord High Admiral in Name The Sails of Buckingham's Ambition were not full swelled till to the Title of Lord High Admiral the Lord Warden of the Cinque-Ports was added to it tho he regarded the guarding the Coasts of England as little as he did the Soveraignty of the British Seas Nor did the accumulated Honours to himself alone satisfy his Ambition but a new Strain his Mother tho a professed Papist must be pullied up with him in a concurring Title of the same Honour by being created Countess of Buckingham And being thus exalted she forsook her Husband's Bed which she sanctified by being converted to the Church of Rome and as her Son governed the King so she governed her Son so that as Mr. Wilson observes fol. 149. tho her Son acted in appearance in all Removes and Advancements yet she wrought them in effect for her Hand was in all Actions both in Church and State and she must needs know the Disposition of all things when she had a feeling of every Man's Pulse for all Addresses were made to her first and by her conveyed to her Son for he looked more after Pleasure than Profit which made Gundamor who was well skill'd in Court Holy-Water among his other witty Pranks write merrily in his Dispatches to Spain that there were never more hopes of England ' s Conversion to Rome than now For there were more Oblations offered here to the Mother than to the Son Then he tells the Marquess's Behaviour to attain his Ends of Ladies how he married the Earl of Rutland's only Daughter the greatest Fortune in England but being a Papist how she was converted by Dr. White tho the Bishop of Litchfield attributes her Conversion to Dr. Williams Dean of Westminster but was brought back to the Church of Rome by the Countess of Buckingkam The next Year if you begin at January Queen Ann died the 22d of March but this is but a beginning of the King's Sorrows at least of his Troubles But this no way troubled our young Favourite but to encrease the Honour of his Family by Sir George's second Brood in June following he had his eldest Brother John created Baron Stroke and Viscount Purbeck tho I do not find he ever gave him one Penny to maintain these Titles Such disgust the King had taken at the Commons representing the Grievances to him in the last Parliament that in his Cups and among his Familiars upon all Occasions he would inveigh against Parliaments saying God is my Judg I can have no Joy of any Parliament in England and that he was but one King and there were alove five hundred in the House of Commons So as if he could have helped it he never would have been troubled with another but
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
were undone by it yet little of the Money levied upon them was brought into the Exchequer and you may be sure the Prosecutors would take their own share and it was no difficult Matter to get a Grant or at least a Pardon for the King 's Among the rest of the Worthies in this pious Business one Jenner a Lawyer was one who for this and other meritorious Acts was after knighted and made one of the honourable Barons of the Exchequer and Sir Dudly North the Keeper's own Brother was another and though these Men were excepted out of the Act of Indemnity made by this King and Informations against them in the Exchequer and among the rest against this Jenner yet upon pleading their Pardons I do find no great matttr came of them And now since the Meal-Tub Plot and that of Fitz-Harris had no better Effect the Court sets up another to throw the Popish Plot upon the Nonconformists You have heard before how there appeared to be a Popish Plot carried on in Ireland ever since the Year 1665 for establishing the Popish Religion and that several Witnesses were brought out of Ireland to prove it and how that the Lords in Parliament having throughly enquired into it did upon the sixth of January last viz. 1680-81 send this Message to the Commons Resolved by the Lords Spiritual and Temporal in Parliament assembled that they do declare that they are fully satisfied that there now is and for divers Years last past hath been an horrid and treasonable Plot continued and carried on by those of the Popish Religion in Ireland for massacring the English and subverting the Protestant Religion and the antient Government of that Kingdom to which they desire the Concurrence of this House to which the Commons agreed The Evidence by which the Lords discovered this Plot were generally Irish and of the Popish Religion and it 's probable were Partakers of the Design of this Massacre and had not their Pardons or if they had they were poor and had no means to subsist now the Oxford Parliament was dissolved and no Prospect of another especially having now lost their Friends and Dependance for having given their Evidence of the Discovery of the Plot and were in a strange Country In this state the Court imployed a sort of Men partly by Terror and partly by their Necessities to work upon the Irish to pervert their Evidence another way And the Cause being the same it had the same Effect upon others as well as the Irish for the Oxford Parliament being dissolved and all Hopes of Enquiry further into the Popish Plot growing desperate Dugdale Turbervile and Smith not having that I can find gotten their Pardons and having lost their Dependances upon their having given their Evidence and being reduced to the same Necessities the Irish Witnesses were were easily wrought upon to smother the Popish Plot and to swear another upon the principal Inquirers into the Popish nay even my Lord H tho not in the like Circumstances could not procure his Pardon till his Drudgery of Swearing was over The Foundation thus laid now we proceed to shew how the King made good his Declaration for calling frequent Parliaments and in using his utmost Endeavours of extirpating Papacy and it is without any Precedent that ever any King before did truckle to such vile and mean things to invert his Declaration and his manifold repeated Promises to the Parliament The 28th of March the Parliament at Oxford was dissolved and upon the 27th of April following an Indictment of High Treason was preferred against Edward Fitz-Harris to the Grand Jury at Westminster for the Hundred of Oswalst but the Grand Jury having the Vote of the Commons of the 27th of March so fresh in their Memories desired the Opinion of the Court whether they might safely proceed upon it and you need not doubt but the Court gave their Opinion they might So the Grand Jury found the Bill From the time that Fitz-Harris was removed from Newgate to the Tower which was 10 Weeks before this Indictment he was kept so close Prisoner that his Wife nor any others were permitted to come at him whereas the Lords impeached in Parliament had the Liberty of the Tower and for any Man to visit them Yet Fitz-Harris's Wife foreseeing the Design of the Trial of her Husband had gone to Counsel and had a Plea drawn to the Jurisdiction of the Court to which the Attorney-General demurred and Fitz-Harris's Counsel joined in the Demurrer It were Vanity and extream Arrogance in me to judg of the nice Pleadings on both sides concerning the Form and Substance or to give a Reason why the Court over-ruled Fitz-Harris's Plea since the Court did not Yet I say the Reports of Coke Dier Plowden and others would have proved dry Businesses if the Courts of Westminster-Hall had given such Judgments as the King's Bench did in Fitz-Harris's Case And I say also That no Man lives out of Society and Commerce and that in every Country there are Laws for the Preservation of Mens Lives and to protect them in Society and Commerce and that in every Country there is a Power which is loose from these Laws and gives Laws to all the Subjects of those Countries But because all Laws are vain unless they be executed every Country has Judicatories wherein these Laws are executed which differ in different Countries The supreme Power of this Nation resides in a Parliament whereof the King is the Head and the Lords Spiritual and Temporal and the Representatives of the Commons are the Body These Courts of Judicature have their distinct Jurisdictions and are restrained to certain Rules and Methods the highest of these Courts are the Body of the Parliament viz. the Lords Spiritual and Temporal and the Commons which have distinct Jurisdictions but are not bound up in their Judicatories by such strict Rules as other Courts are Other Courts take Cognizance of civil and criminal Cases between particular Men but these Courts of Parliament take Cognizance of the State and Grievances of the Nation where only they find Relief and tho no other Courts take Cognizance of Matters transacted in Parliament yet either of these Courts take Cognizance of all Proceedings in other Courts and not only reverse all illegal Proceedings in them but punish the Judges of all other Courts for any Errors or Abuses committed by them so if any Person or Person shall grow so great as to be dangerous to the Publick tho they be out of the Reach of other Courts yet they are subject to these Courts of Parliament and by these Courts the English Nation have preserved their Liberties and Laws now France and Spain have lost them which before had their Assemblies of the States all one with our Parliaments and in losing them have lost their Liberty and Laws to the Arbitrary Will of their Princes The Jurisdiction of Parliaments hath been in all Ages in England esteemed sacred so that other Courts rarely
Family might accompany the Captain to Carolina which was agreed to but the Captain being under several Disappointments and the charges of the Ship of four Months lying in the River insupportable the Captain was arrested and thrown into the Compter from whence he removed himself to the King's Bench. The Captain 's Necessities were equal or more than those of the Irish Evidence but the Captain at least as he supposed had no need of a Pardon for any thing designed against the King or Government as the Irish Evidence had so the first Attempt upon the Captain was to hire him to give Evidence against my Lord of Shaftsbury If Empson and Dudly were so zealous to fill Henry the 7th's Coffers by straining the Penal Laws to utmost Rigour as the Vogue went Graham Baynes and Burton were as zealous to pack Juries and procure Evidence for carrying on this black Design but I do not find Burton was in this upon Captain Wilkinson Upon the eighth of October Baynes made his first Attack upon the Captain and told him that he had been lately with Mr. Graham who had a great Interest with my Lord H. and that the Captain could not but know much of my Lord Shaftsbury's Designs and that he had now a desired Opportunity to discover them and urged the Captain not to deny the proffer and that he need not fear his getting a Pardon but the Captain was constant that he knew nothing of any such Design By this time Booth was a Prisoner in the King's Bench as well as the Captain and upon the eleventh Booth attack'd the Captain and told him he might have 500 l. per annum or 10000 l. if he would discover what he knew of my Lord Shaftsbury's Design against the King and that the Captain should appear at Court and have Assurance of it from Persons of Honour but this wrought not upon the Captain neither Upon the thirteenth Baynes Booth and Graham renewed the Promises Baynes and Booth had made and that he should have the King's Promise for the same and his Royal Word for a Reward for his Sufferings and that Graham was sent by some of the Council to bring the Captain to the King and that he had an Order for it but all would not do for the Captain was resolved not to go to White-Hall if he could help it Upon the fourteenth Booth told the Captain that Mr. Wilson my Shaftsbury's Secretary who was a Prisoner in the Gate-house had sent to the Council that he would come and discover all he knew and therefore he urged the Captain to have the Honour of being the first Discoverer and that to the former Promises the Captain should have 500 l. per Annum settled on him in Ireland by the D. of York but all to no purpose Upon the fifteenth Booth and Baynes attackt the Captain again the Captain asked Baynes why he was so urgent for his Testimony Baynes answered That as yet they had none but Irish Evidence which would not be believed but if the Captain came to it he was not blemished in his Credit and then Baynes told him if he would not go he Baynes had a Habeas Corpus from my Lord Chief Justice Pemberton to carry him to White-Hall In the Afternoon the Captain was carried by his Habeas Corpus to Whitehall and examined in the Secretary's Office by my Lord Conway and Secretary Jenkins and in his Examination in comes the King into the Office as before he had done into the Dutchess of Portsmouth's Chamber when my Lord H came to kiss her Hand and there the King told the Captain he had served his Father and him faithfully and hoped he the Captain would not now decline his Obedience to which the Captain answered he never deserved to be suspected then the King told him he had not the Opportunity to serve his Friends but hoped he might then the King examined him what he knew of my Lord Shaftsbury's having a Design against his Person but the Captain upon his Oath denied he knew any thing so the King left him to the further Examination of Secretary Jenkins But this Business did not stay here for the Captain was carried into another Room where were present the King my Lord Chancellor the Lord Chief Justice Pemberton and several other of the Nobility with Graham Baynes and Booth where my Lord Chancellor was very sharp upon the Captain and put several Questions to the Captain which he could not answer and told the Captain there were two sorts of Advancements and that the Captain was like to come to his Trial before the Lord Shaftsbury The Business was Booth had sworn that the Captain had a Commission from my Lord Shaftsbury for a Troop of fifty Men to be my Lord's Guards against the King and that Booth was listed in it This Booth had sworn but was so unfortunate in it as to swear this was when the Parliament was at Oxford at which time the Captain was making his Preparations for his intended Government of Carolina but whether the King believed the Captain or Booth is unknown but it stop'd here and the Captain was no higher advanced upon Booth's Oath nor could be prevailed upon to be a Witness against my Lord Shaftbury though his Wife was as much tempted to have it so as the Captain was so the Captain 's only Advancement was to be remanded to Prison However it was resolved that my Lord Shaftsbury should be prosecuted and so upon the 24th of November a Bill of High Treason was preferred against him to the great Inquest at the Sessions-House in the Old-Baily and Baines proved a true Prophet though Booth sware to the Captain's Command of Fifty Men to be a Guard to my Lord for the Jury neither believed him nor the Evidence so baffled at Colledge's Trial nor the Irish Evidence added to that and so returned an Ignoramus upon it Suetonius in the Life of Tiberius says he could never have made such Ravages upon the Roman Empire and exercised such Cruelties if he had not been backt by an Officious and flattering Senate which carried the Face of Justice in it and tho it be evident that for near Eighty Years these three Kings of the Scotish Race had been endeavouring to establish an Arbitrary and Tyrannical Government over this Nation yet except King James the First who if his Necessities had not forced him would have never had a Parliament after the first and who by his own Authority created so many Monopolies and Benevolences and in the Parliament of the 12th and 18th Years of his Reign without any Colour of Justice imprisoned so many worthy Gentlemen without the Benefit of Corpus's for their Debates in Parliament yet these other two pretended to raise their Tyrannies under the Form of Justice and therefore Charles the First after he for Fifteen Years together had not only exceeded his Father in granting Monopolies and raising Money by Loans Benevolences Coat and Conduct Money but also