that rather than forsake their Seats in Parliament they 'll lose their Places at Court You have heard how my Lord Privy-Seal became Lord Chief-Justice of the King's-Bench after which the King made him Earl of Manchester Lord Privy-Seal and President of the Council my Lord-Keeper Coventry was upright in all his Decrees but my Lord Privy-Seal sets up the Court of Requests to have a concurring Jurisdiction with the Chancery and Men whom my Lord Coventry did not please brought their Causes into the Court of Requests so that in a short time the Practice of this Court swell'd so much that my Lord Privy-Seal made more Clerks and Attorneys than ever was known before King Charles sent to the Bishop of Ely that he the King would have Hatton-House in Holborn for Prince Charles his Court and that the King would be at the Charges for maintaining the Bishop's Title tho the Bishop told me it cost him many a Pound so in the Bishop's Name a Suit was commenced in the Court of Requests for Hatton-House Before the new Buildings were built Hatton-Garden was the â—â—nest and greatest in or about London and my Lady Hatton had planted it with the best Fruit Vines and Flowers which could be got but upon commencing this Suit she destroy'd all the Plantations yet defended her Cause with all Opposition imaginable But at last in 1639 notice was given to my Lady to hear Judgment and at the day my Lady appear'd in Court when my Lord Privy-Seal demanded of my Lady's Counsel If they had any more to say otherwise upon his Honour he must decree against my Lady Hereupon my Lady stood up and said Good my Lord be tender of your Honour for 't is very young and for your Decree I value it not a Rush for your Court is no Court of Record And the Troubles in Scotland growing higher the King had no Benefit of the Decree nor my Lord any Credit in his Court ever after Nor were the Descendants of many of the King's Favourites more faithful to the King than their Fathers as the Lord Kimbolton Sir Henry Vane jun. Sir John Cooke Henry Martin c. Now when it was too late like a Man who begins his Business the last day of the Term the King seems to alter his Countenance and indulge another sort of Men in Church and State who were opposite to the Principles in Bishop Laud's Regency Dr. Williams censured and imprisoned in the Tower has all the Proceedings against him in the Star-Chamber and High-Commission revers'd and taken off the File and Mountague Bishop of Norwich dying in the beginning of the Parliament Dr. Hall is translated from Exeter to Norwich and Dr. Brownrig a most learned and zealous Anti-Arminian is made Bishop of Exeter c. my Lord Chamberlain Pembroke is removed and the Earl of Essex put in his place Sir Robert Holborn made Attorney-General and Oliver St. John Solicitor both which were Mr. Hambden's Counsel against the Legality of Ship-Money But neither these Actions nor the King 's repeated Royal Word could gain Credit with the Parliament I mean the Houses who tho at another time they would have dreaded a standing Army now resolve to maintain two till their Grievances were redrest And sure now it was a lamentable State the King was reduced to he that before rather than hear of what he had done did not care what he did and therefore dissolved four Parliaments now every day hears of what he had done yet cannot help it His Judges which before had refused to bail his Subjects committed by the King without Cause are themselves now committed against the King's Pleasure and no Bail to be taken for them The King's Customers who by the King's Order seized and sold the Merchants Goods for non-payment of Duties not legally imposed are themselves seized and fined more than they are worth Herein the King was only passive but the Houses would not stay here but tho the Commons at first impeached the Earl of Strafford before the Lords in their Judicial Capacity wherein the King's Consent was not actually necessary yet they after proceeded against him by Bill wherein the Attainder must be actually assented to by the King personally or by Commission which the King did my Lord Privy-Seal and the Earl of Arundel I believe very unwillingly being Commissioners and the same day passed an Act That the Parliament should not be Prorogued Adjourned nor Dissolved without their own Consent which proved as great a Grievance as the King 's proroguing and dissolving them at Pleasure And the passing these Laws so frightned my Lord Treasurer Juxton the Master of the Court of Wards and the Governor of the Prince that they all resign'd their Places Besides these the King passed an Act for a Triennial Parliament to meet if not by usual means then by others whether the King would or not And an Act for the utter abolishing the Star-Chamber and High-Commission Courts And to make it a Praemunire in every one of the Privy-Council to determine any Causes cognisable at Common Law An Act to abolish the Court of the Council and President of the North and an Act to rescind the Jurisdiction of the Court of Stanneries An Act to repeal the Branch of a Statute made the first of Eliz. cap. 1. to authorize Ecclesiastical Persons natural born Subjects of England to reform Errors Heresies Schisms c. An Act for declaring Ship-Money and all Proceedings therein void An Act for ascertaining the Bounds and Limits of the Forests as they were in the 20th Year of King James And an Act to prevent the vexatious Proceedings touching the Order of Knighthood These Acts thus passed the Houses thought themselves secure enough and so paid off and disbanded the English and Irish Armies and sent the Scots into their Country again The much greater part of the Gentry and also of the Members of both Houses would have been content to have staid here and many believed if the Parliament had met at York or Oxford they would but this could not be without disgusting the City of London from which only the Loan of 200000 l. could be raised for Payment of the Armies till Provision could be made by Parliament But it was decreed that things should not rest here and that the Faction in the House of Commons might get a Majority at one Vote as they order'd it they voted all those who had been instrumental in Monopolies or in Ship-Money or Collectors of the Customs out of the House and others to be chosen in their Places And the Rabble in the City in Tumults exclaim'd against the Bishops and Popish Lords Votes hereupon the Bishops enter their Protestations against all Proceedings till they might sit and vote freely whereupon they are committed to the Tower and a Law was passed to disable the whole Hierarchy for the future to have any Place in Parliament As the Scots began their Reformation with a Covenant so the Commons began theirs with a
Kingdoms of England Scotland and Ireland and Destruction upon the King when is was not in the Power of those which first raised the War against him to save his Life which they would have done I am told that the last Part of this Paragraph is an unjust Charge upon the Parliament in that they acted defensively in this War and that the King first raised Arms and this by the Authority of Mr. May. If I be mistaken I have the Authority of him who could best know I mean the King at his Death who declared That he never did begin the War with the two Houses of Parliament as all the World knows that they began with him it was the Militia they began upon they confest that to be his but they thought fit to have it from him and to be short if any body will look into the Dates of those Commissions theirs and his and likewise to the Declarations they will see clearly that they began these unhappy Troubles not he See Whit. Mem. f. 369. a. and all the Writers of those times If this be not Authority sufficient to shew the Parliament began the War the first Scuffle between the King and Parliament was about the Business of Hull where the Parliament had committed the Charge of the Town and Magazine to Sir John Hotham one of the Members of the Commons who was sent down thither to remove the Magazine to London but the Country of York petitioned it might still remain at Hull for securing the Northern Parts especially the King residing there Hereupon the King taking a Guard of his Servants and some Neighbouring Gentry upon the 23d of April went to Hull but contrary to Expectation found the Gates shut and the Bridges drawn up by Sir John and his Entrance denied though but with 20 Horse which so moved the King that he proclaimed Hotham a Traitor and sends to the Parliament for Justice against him To this the Parliament return no Answer but justify Sir John Hotham and order that the Sheriffs and Justices of the Peace do suppress all Forces which shall be raised or gathered together against Hull or to disturb the Peace nor did they stay here but put the Power of the Militia in Persons nominated by them excluding the King in ordering any thing together with them and authorized Hotham by his Warrants to raise the trained Bands in Yorkshire to march with their Arms into Hull where he disarmed them and turned them home again See Whit. Mem. f. 55 56. So I submit this to Judgment whether this was not raising Arms against the King being done by Subjects and contrary to the King's Command and if the King did encrease his Guards yet this was subsequent to the excluding the King from having Power in the Militia and Hotham's Raising Arms and Disarming the Trained Bands of Yorkshire Mr. May says p. 55. the Parliament being then intent upon settling the Militia by Land took care also to seize the Navy into their Hands and ordered the Earl of Warwick to be Admiral to put this in Execution but the King had chosen Sir John Pennington to that place instead of the Earl of Northumberland and sent a Command to the Earl of Warwick to resign the Place to him Pennington But the Earl chose rather to obey the Ordinance of Parliament and with great Courage and Policy got the Fleet into his Hands tho many of the Captains stood out against him but the Earl deprived them of their Commands and possest himself of the Ships taking shortly after another Ship called the Lyon of great Import coming out of Holland and laden with Gun-power which proved a great Addition to his Strength So here was a double Beginning of the War by the Parliament both in seizing the Fleet and taking the Lyon and this before the King committed any Act of Hostility And for the carrying on this War which Mr. May calls the Cause the Parliament upon the 10th of June made an Order for bringing in Money and Plate to raise Arms for the Cause and the Publick Faith for Repayment to them which brought it in So here the Parliament raised Money as well as Forces for carrying on the War before the King levied any And so I leave it to Judgment who first began the War Objection The Parliament raised Arms for their own Defence and Security of the Nation Answer This is said but of no kin to Truth or Reason for Men defend what they are possest of and the King was possest of the Militia and Fleet when the Parliament ravish'd both from him nor did the King use either against the Parliament when they invaded them Besides the King at least as he declared endeavoured to defend the established Religion and Laws of the Land whereas the Parliament contended to abolish the Established Religion and to exalt themselves above the Laws of the Land Objection 2. That the King had so often violated the Laws and Constitutions of the Nation and governed so Arbitrarily that the Parliament could have no Security for the future to prevent his so doing again so long as the King was possest of the Militia Answer The Case was not the same then when the King resolved to have no more Parliaments as now when the King had made this Parliament perpetual and had passed the Triennial Bill for Parliaments to meet whether he would or no And tho Favourites and Flatterers instill'd those things into the King when they were without any Fear or Apprehension of being questioned by a Parliament yet now the Parliament had so severely prosecuted and punished such Men and being perpetual or at least to meet Three Years after every Dissolution none would presume to advise the King in things derogatory to his Honour and the Interest of the Nation And now we proceed to the ensuing War The Parliament before the King set up his Standard at Nottingham Aug. 22 Voted That an Army should be raised for the Defence of the King and Parliament that the Earl of Essex should be Captain General of the Army and the Earl of Bedford General of the Horse The War began first between the Marquess of Hartford for the King in the West and the Earl of Bedford for the Parliament the Earl being worsted by the Marquess at Sherborn-Castle Goring got into Portsmouth and held it for the King but could not hold it long for the Country joining with Sir John Meyrick forced him to surrender who thereupon went into Holland and my Lord Say St. Johns and Weemen with Colonel Whitlock enter Oxford and keep it for the Parliament But the Face of Affairs soon changed for the King having made the Earl of Lindsey his General and the Parliament the Earl of Essex upon the 23d of October the Armies met and fought at Edghil with uncertain Victory which both sides claimed the Earl of Lindsey was mortally wounded and taken Prisoner the Right Wing of the King's Horse commanded by Prince Rupert brake the Left
Wing of Horse of the Parliament's which Prince Rupert pursued too far tho with great Slaughter but the King 's left Wing of Horse was broken by Sir William Balfour Sir Philip Stapleton and the Lord Fielding However the Victory was uncertain the Success was not so for the King took Banbury Town and Castle and Oxford and Prince Rupert took my Lord Say's House at Brought and made Excursions near London whereupon the Parliament recalled Essex to defend themselves And it was time for the King was marching towards London having taken Reading and Henley and at Brentford both Armies fought Essex being assisted by the Trained Bands and Apprentices of London and the King was forced to retreat and if Essex had followed in all Appearance the King would have lost his Army not having Bullet enough to have maintained one quarter of an Hour's Fight and towards the latter end of the Year Prince Rupert storms Cirencester and puts many of my Lord Stamford's Regiment to the Sword and took 1100 Prisoners which were used with great Barbarity and Colonel Nathaniel Fines in the West was routed by Prince Rupert and in the North Sir John Hotham was beaten by the Forces commanded by the Earl of Cumberland Sir Fran. Worsley Sir Marm. Langdale and Sir Thomas Glenham This Year there was a Treaty of Peace at Oxford the Parliament's Propositions were That the King should disband his Army return to the Parliament leave Delinquents to Trial and Papists to be disbanded That a Bill be brought in for abolishing Episcopacy c. and such other Bills as should be presented for Reformation Recusants to abjure Papacy to remove malignant Counsellors to settle the Militia as the Parliament desired to prefer to Offices such as the Parliament should name and to take in all that were put out of Commissions of the Peace A Bill to vindicate the Lord Kimbolton and five Members to enter into Alliances for the Palatinate and to grant a general Pardon excepting to the Earl of New-Castle Digby and others To restore Parliament-Members to their Offices and to restore their Losses The King proposed That his Revenue Magazines Ships and Forts be restored That what had been done contrary to Law and the King 's Right may be recalled That all illegal Power claimed or acted by Order of Parliament be disclaimed And as the King will consent to the Execution of all Laws concerning Popery and Reformation so he desires a Bill for preserving the Common-Prayer against Sectaries that all Persons excepted against by this Treaty may be tried per Pares with a Cessation of Arms and a free Trade This Treaty began March 4. 1642 and broke off April 15. following viz. 1643. But this is observable in this fickle King that four Days before the Treaty broke off the King said he was fully satisfied and promised to give the Parliament-Commissioners his Answer in Writing according to their Desires but because it was past Midnight he would have it drawn up in Writing and give it them in the Morning but instead thereof the King gave them a Paper quite contrary to what was concluded the Night before Whitlock's Mem. fol. 65. a. The Treaty of Peace thus broke off both sides proceed in War The Queen this Year about the beginning of May landed at Scarborough in Yorkshire from Holland having avoided a Squadron of Men of War designed by the Parliament to intercept her and brought abundance of Arms and about 3000 Soldiers and was proclaimed Traitor by the Parliament and after joined with the King and his Army at Edg-Hill in Warwickshire And if the Parliament prospered so ill last Year they succeeded worse this for the Earl of Northampton enters Litchfield and drives the Parliament's Forces into the Close and after that defeats Sir John Gell and Sir W. Brereton but the Earl was slain at the Head of his Forces and the Earl of New-Castle in the North overthrew the Parliament's Forces commanded by Sir Thomas Fairfax at Bradforth and Sir William Waller is defeated in the West Prince Rupert takes Bristol and Prince Maurice Exeter Biddiford Barnstable Appleford and Dartmouth The great Hambden is routed and mortally wounded at Chalgrave Field by Prince Rupert And now the King had two conquering Armies in the North and West and the Parliament none considerable to oppose either so that if either the King or the Marquess of New-Castle had marched to London in all Appearance either Army would have found little Opposition but instead hereof the King sits down and besieges Glocester and the Marquess of New-Castle comes before Hull This gave the Parliament an Opportunity to recruit Essex's Army and to enter into a Treaty to procure the Scots to bring an Army into England again for to assist the Parliament In this Treaty a double Consideration is remarkable first The Instability of humane Actions which are founded in Passion and Prejudice for there was but one Year between this Treaty and the National Protestation by the Parliament to Maintain the true Protestant Religion expressed in the Doctrine of the Church of England which Passage Mr. Whitlock in his Memoirs fol. 43. has left out and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Privileges of Parliament and Liberties of the Subjects and to preserve the Union between the Kingdoms of England Scotland and Ireland and this to be taken by all English-men but now the Scots would not stir one Step unless the Parliament of England would join with them in their Covenant which ill agreed with their Protestation which the Parliament submitted to The other was a Discovery of a Spark which soon after broke out into such a Flame as consumed the Covenant Presbytery the Parliament King and Church and State of England for tho during the Prosperity of the King's Affairs this Fire was covered yet when young Sir Henry Vane who was one of the Parliament's Commissioners and one who loved the Presbyterian Government no better than the Episcopal saw that the Parliament would submit to the Scotish Covenant and Discipline he stifly opposed it singly and at last carry'd it that the Nations should join in a Solemn League and the Scots would have Church-Government to be according to the Example of the best Reformed Churches but Sir Henry Vane insisted to have it according to the Word of God only and carried both points Afterwards one of Sir Henry's Fellows expostulated with him why he should put them to so much Trouble about such needless Trifles Sir Henry answer'd He was mistaken and did not see far enough into the matter for a League shewed it was between two Nations and might be broken upon just Reasons but not a Covenant and that Church-Government according to the Word of God by the Difference of Divines and Expositors would be long enough before it were determined for the learnedst held it clearly for Episcopacy so that when all agreed we may take in the Scots Presbytery
Successes Sir Marmaduke Langdale about the Beginning of March routed a great Body of the Parliamentarians in Yorkshire and defeated the Army commanded by my Lord Fairfax which besieg'd Pomfret-Castle and from thence marched into Leicestershire and defeated a great Body of the Parliament's Forces commanded by Colonel Rossiter Anno Reg. 21. Dom. 1645. We begin this Year with the Self-denying Ordinance tho Mr. Whitlock and Sir Richard Baker differ a little in point of time Sir Richard Baker says it was this Year Mr. Whitlock 1644. But the Lords refused to concur with the Commons herein so as this Ordinance began with a Rupture between the two Houses so you 'll see it shall be the Ruin of the Parliament's as well as the King's Designs Mr. Whitlock made a fine and learned Speech against this Ordinance which you may read at large fol. 114 115. of his Memoirs The pretended Reason for this Ordinance was the Thinness of the House which by Employment in the War would render them much thinner To which Mr. Whitlock answered It might be supplied by filling up the Commons by new Elections He objected against the Ordinance the Examples of the Grecians and Romans who had the greatest Offices both of War and Peace conferred upon their Senators because they having greater Interests than others were more capable to do them the greatest Services and that by passing this Ordinance they would lay aside the General Essex the Earls of Warwick Denbigh and Manchester the Lords Willoughby and Roberts and of their own Members the Lords Grey of Growby and Fairfax Sir William Waller Cromwel Mr. Hollis Sir Philip Stapleton Sir William Brereton and Sir John Meyrick Tho the Commons passed the Self-denying Ordinance yet they dispensed with it in reference to Cromwel Skippon and Ireton and Sir William Waller Hereupon the Earls of Essex Denbigh and Manchester lay down their Commissions Here it 's observable That the Earl of Essex as he was the first which headed an Army against the King and whose Authority was so great that 't was believed if he had not done it the Parliament could not have rais'd an Army is now the first discarded by the Commons without giving any Reason In this new Establishment of the English Army Sir Thomas Fairfax was made General Cromwel Lieutenant-General and Skippon Major-General The Royalists conceived Mountains of Advantages to follow and that not improbably from the Divisions in the Parliament's Army which succeeded quite contrary For upon the 3d of April Fairfax having gathered his Army together at Windsor sent Cromwel with a Brigade of Horse and Dragoons to intercept a Convoy of Horse which Prince Rupert had sent from Worcester to fetch off the King from Oxford with a Train of Artillery to take the Field which Cromwel met at Islip and routed them took divers Prisoners and 200 Horse and from thence Cromwel march'd and took Bletchingdon-House commanded by Colonel Windebank Sir Francis's own Son by Surrender upon the first Summons for which Windebank was sentenced by a Court-Martial and shot to Death But Cromwel had not so good Success at Faringdon which he assaulted and was beaten off with the loss of 200 of his Men. The King understanding that Fairfax had a Design to besiege Oxford sent to Prince Rupert and General Goring to fetch him off which they did about the beginning of May and the King marched towards the Relief of Chester then besieged by the Parliament's Forces and Fairfax lays close Siege to Oxford The King relieved Chester and in his Return takes Leicester by Storm This put Fairfax to his Trumps so that if he continued the Siege of Oxford he would leave all the mid-land parts of England to the Mercy of the King So he raises his Siege and marches to fight the King's Army My Lord Astley was Lieutenant-General of the King's Foot whose Nephew was Sir Isaac Astley my Lord's eldest Brother's eldest Son who married a Cousin-German of mine and after the War was over my Lord Astley being at his Nephew 's in Discourse of the Wars my Lord told him That upon the Approach of the Parliament's Army the King called a Council of War where by the Advice of my Lord Astley it was resolved to march Northwards and destroy the Country Provisions and leave the Parliament's Army at their Election whether they would follow the King or besiege Leicester But next Morning quite contrary to the Order of Council Orders were given to prepare to fight the Parliament's Army when there was little time to draw up the Army so inconstant and irresolute was the King in this as of almost all his other Actions and so forward was the King herein that he marched to meet Fairfax's Army near Naseby in Northamptonshire This was upon Saturday June the 14th And if the Resolution to fight was inconsiderate and rash so was the Fight for Prince Rupert who commanded the right Wing of the King's Horse charged the left Wing of the Parliament's commanded by Ireton and routed them and wounded Ireton in the Thigh and as before at Edg-hill and Marston-Moor he pursued the Enemy so far that he left the rest of the Army exposed to the Assaults of the Enemy so here he followed the Chase almost to Naseby leaving the left Wing of the King's Army commanded by Sir Marmaduke Langdale open to be charged by Cromwel That which compleated the Parliament's Victory and the King 's utter Overthrow in this Fight was the not observing the Orders the Day before of the King's Retreat for Yorkshire being opprest by the Parliament's Forces Sir Marmaduke had Expectation of relieving the King's Party there which being cross'd by the Resolution of this Day 's Fight his Brigade as well as himself grew discontented so as he no ways answered the Gallant Actions which before he had atchieved And Cromwel having forced Sir Marmaduke to retreat joining with Fairfax charged the King's Foot who had beaten the Parliament's and got Possession of their Ordnance and thought themselves certain of the Victory but being in Confusion and out of Order and having no Horse to support them were easily over-born by Fairfax and Cromwel and so Fairfax's Army obtain'd a most absolute Victory over the King 's We hear no more of Prince Rupert in this Fight who 't was believed was the first Mover of it till of his Arrival at Bristol In this Fight the Earl of Lindsey the Lord Astley and Colonel Russel were wounded and 20 Colonels Knights and Officers of Note and 600 common Soldiers were slain on the King's side and 6 Colonels and Lieutenant-Colonels 18 Majors 70 Captains 80 Lieutenants 200 Ensigns and other Officers and 4500 common Soldiers were taken Prisoners 12 Pieces of Cannon 8000 Arms 40 Barrels of Powder 200 Carriages with all their Bag and Baggage with store of rich Pillage 3000 Horse one of the King's Coaches with his Cabinets of Letters and Papers And the King fled towards Wales If the King were unfortunate in the
Men might see him the Hangman with his Hat on riding before and upon the 28th of May 1650 by a Sentence pronounced the Day before by the Lord Lowden was hanged upon a Gibbet 30 Foot high at the Cross of Edinburg for three Hours after which he was quarter'd and his Head set upon the Talbooth and his Legs and Arms over the Gates of Sterlin Glasgow Dundee and Aberdeen But see the Piety and Commiseration of these humble People They order in the Sentence that if he repented so that his Excommunication should be taken off the Trunk of his Body should be buried in the Grey-Friars otherwise in the Burrough-Moor the Common Burial of Malefactors But Vengeance shall soon overtake these cruel Proceedings For the Kirk sore afflicted for their deposed Brethren in England now in nasty Prisons whereby Heresy Schism and Profaneness raged and the Throne of Presbytery was defaced but being unable of themselves to restore their Brethren before Montross's Death had agreed to have the King proclaimed King of Scotland England France and Ireland yet so as to take the Solemn League and Covenant to give Signs of Sorrow and Repentance for his Father and Mother's Sins and banish and turn out of his Court all who had not taken the Covenant or taken up Arms for his Father But the Kirk could not have found a Plant so unlikely to produce the Fruit of Repentance or to establish the Throne of Presbytery as this King However they 'll try what 's to be done and to this end send Commissioners to treat with the King at Jersey not yet reduced by the Rump and a Treaty is agreed to to be at Breda in Holland The King was perplex'd what to do for to be a King in Fact he desired above all things but to forsake his Mother and Father's Friends was grievous to him and to come to the Stool of Repentance was full sore against his Will Yet to be a King as a Man does for a Wife he forsakes Father Mother and his dearly beloved Friends and comes to Breda There the News comes of Montross's tragical Defeat and Execution which had like to have spoil'd all but over Shooes over Boots on he goes having submitted to all the rigid Terms the Kirk-men imposed upon him And in June 1650 arrives in Scotland to be anew instructed in the Discipline of the Kirk The Rump in the mean while were not idle you must think for having spued up Presbytery in England they scorn'd to chew the Cud of it from Scotland and therefore Fairfax having refused to command an Army against the Scots they send for Cromwel out of Ireland by this time is good as reduced by him and declared him General of all the Forces of England Scotland and Ireland who about the latter end of June 1650 enters Scotland with a well-disciplin'd rather than a numerous Army and having taken many Places of small moment and often beat the Scots in Skirmishes upon the 3d of September utterly overthrows the much more numerous Kirk-Army at Dumbar commanded by their old General Lesley 3000 Scots killed 9000 taken Prisoners all their Baggage and Ammunition and above 200 Colours which as Trophies were hung up in Westminster-Hall where the English and Scots had before taken such Pains and Care to unite both Nations in their Solemn League and Covenant Whilst these things were doing the Kirk at Edinburg were close at their Devotion hourly expecting the Feet of those which should bring the glad Tidings which were at hand when Lesley the same Day brings Tidings of their utter Overthrow Now was all their Joy turned to Lamentation and Wo and the Songs of Sion are like to be sung in a strange Land To augment these Miseries the King who could not submit to the rigid Discipline of the Kirk runs from Schole to the House of the Lord Dippon intending for the Highlands where he might go to School with more Liberty Now all is in a Hurlyburley After the King runs Montgomery from the Kirk promising the King if he would return the Kirk would remit part of their Discipline upon which the King returned to St. Johnstons The King thus returned did not please the Kirk-men for being beaten by the English they rail against those that called the King in too hastily before he had given Marks of his Repentance and Conversion to God and that it was not lawful for any who were truly Godly to take up Arms for him and for the Advancement of the Kirk made Kerr and Straughan Generals of the Kirk-Forces But Straughan runs to Cromwel and Kerr is utterly defeated wounded and taken by Lambert Whilst these things were thus doing in Scotland let 's see what was doing in England In January this Year the Rump erected a High Court of Justice whereof one Keeble an ignorant Petty-fogging Lawyer was President in Norfolk upon pretence of an intended Insurrection for bringing in of the King where 24 were condemned and 20 executed whereof one Mr. Hobbard Brother or near Kinsman to Sir John Hobbard who after married Cromwel's Niece and Widow of Col. Hammond was one And in March following the Rump erected another High Court of Justice which condemned Sir Henry Hide for taking the King's Commission to be his Ambassador at Constantinople The Kirk-Party now lose their Reputation they had nothing left but to preach and pray and rail and now the Parliament and General Assembly take in all who will take the Covenant but all to no purpose For Cromwel having taken Edinburgh Town and Castle Jedworth Reslan and Tantallon Castle sends Overton and Lambert in Boats over the Frith who rout Sir John Brown and Major General Holborn kill 2000 of their Men and take 1200 Prisoners and Brown himself with 42 Colours Now though Scotland were a cold Climate 't was too hot to hold the King and his Army and therefore with them he slips into England by the Way of Carlisle leaving the Kirk in Lamentations and Woes that Heresy and Schism had overspread the Beauty of Holiness now Profaneness and Superstition had left it Harrison and Lambert followed the King and Cromwel soon after who at Worcester that Day Twelve Month after he had routed the Scots at Dunbar utterly again routs the Scots and English kills 3550 with Duke Hamilton and General Forbes and takes 5000 Prisoners with the Earls of Rothes Kanwarth Kelly the Lord Sinclare and Montgomery General of the Ordnance and soon after David Lesley who fought not or but little in the Battel is routed by Lilburn and taken Prisoner with Lauderdale who held Correspondence in England with the Covenanting Scots and the Lords Kenmore and Middleton Yet the King by a Miracle escaped to be restored King Charles II. But the same Fate did not attend the Noble Earl of Derby who coming out of the Isle of Man with about 250 Foot and 60 Horse to have assisted the King which he joined with about 1200 raised Men in Lancashire where he was highly
Presence of God That I will not violate or infringe the Matters and Things therein contained but to my Power observe the same and cause them to be observed and shall in all other things to the best of my Vnderstanding govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred In the former Impression I followed Cromwel's Instrument of Government as it is set forth by Dr. Bates but finding this differ from Mr. Whitlock not only in the Number of the Articles but in the Substance of several of them I shall now follow Mr. Whitlock as being of better Authority tho not particularly recite them all being long but make Remarks upon several of them to shew how inconsistent this Instrument was with Cromwel's Oath and how he observ'd it in his future Actions Cromwel ' s Council was Philip Lord Viscount Lisle now Earl of Leicester Charles Fleetwood his Son-in-law John Lambert Sir Gilbert Pickering Sir Charles Woolsley Sir Anthony Ashley Cooper after Earl of Shaftsbury Edward Mountague after Earl of Sandwich John Desborow his Brother-in-law Walter Strickland Henry Lawrence William Sydenham Philip Jones Richard Major Francis Rouse and Philip Skipton Esquires The 5th Article is That the Protector with the Consent of the major part of the Council have Power of War and Peace How well he observed this in his Peace with the Dutch and French and War with Spain will appear afterward The 6th Article is That the Laws shall not be altered suspended or repealed nor any new Law made nor any Tax Charge or Imposition laid upon the People but by common Assent in Parliaments save only as is expressed in the 30th Article How does this Article agree with the 27th That a constant Revenue shall be raised for the maintaining 10000 Horse and 20000 Foot in England Scotland and Ireland and 200000 l. per Annum to himself beside the Crown-Lands or with the 38th Article To repeal all Laws Statutes and Ordinances contrary to the Liberty Cromwel grants to all tender Consciences as he calls them in the next preceding Articles where he excludes Popery and Prelacy Or how did Cromwel observe this Article when he imprisoned the Royalists which would not give Security for their Good Behaviour to him and whether they did or not took from them the tenth part of their Estates and put them to Death by his High Court of Justice as he call'd it The 8th Article is That Parliament after the first Day of their Meeting shall sit five Months and not in that time be Adjourned Prorogued or Dissolved without their Consent Yet he dissolved the next Parliament as he called them within five Months after their first sitting with their Consent and if they refus'd had his Janizaries in Westminster-hall and in the Court of Requests to have forced them as he did by the Rump this is true of my own Knowledg and declared what should be Treason See Whitlock's Memoirs fol. 563. b. The 34th Article is That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admiral Chief Governours of Scotland and Ireland and the Chief Justices of both the Benches shall be chosen by the Approbation of Parliament and in the Intervals of Parliament by the Approbation of the major part of the Council to be afterwards approved by Parliament I deny any of these Officers were ever chosen or approved by Parliament if any were it lies upon another to prove them to be so chosen or approved by Parliament Thus by manifold Perjuries deepest Dissimulation Hypocrisy and foul Ingratitude Cromwel waded through a Sea of Blood in England Scotland and Ireland and then deposed them who had raised him for which he had murdered thousands for but attempting to do what he had done He aspired to the Dominion of Britain and Ireland which the Rump had conquered to his hand and by Monk's Victories over the Dutch Holland lies at his Mercy so that as Cromwel was the most absolute Tyrant that ever raged in England so was he not less terrible to his neighbouring Nations And now he had it in his Power to do what he will let 's see how like a Beast he did what he did Of all our neighbouring Nations the Dutch and French were the most formidable to the English the Dutch being not only Competitors with the English in Trade but Contenders with them in the Dominion of the Seas and the French the most formidable and faithless by Land and of all Nations the English Trade to France was the worst being as much to the enriching France as the impoverishing England Spain neither a neighbouring Nation to England except some part of Flanders nor any ways formidable to England by Sea or Land yet of all others the English Trade with Spain was the most beneficial and enriching to the English Now let 's see how diametrically contrary to the English Interest Cromwel acted in every one of these After Cromwel had assumed the Protectorate Mr. Whitlock says he observed new and great State and all Ceremonies and Respects were paid to him by all sorts of Men as to their Prince and Stubbe says upon the 20th Notice was given to the Dutch Plenipotentiaries by Cromwel's Master of the Ceremonies of his being Protector and how ready he was to treat with them and how kind he would be to them but they must pay him the same Honour and Respect which was heretofore exhibited to the English Kings and in their Writings and Discourses give him the Title of Highness which was in Use before that of Majesty that they not being in the Quality of Ambassadors but Lords Deputies Plenipotentiaries must be uncovered in his Presence In this state Cromwel takes the Treaty of Peace out of the Council's Hands tho it ill agreed with his Oath to the Instrument of his Government and upon the 26th of December but ten Days after his assuming the Protectorate by his Secretary Thurloâ— brought the Dutch Plenipotentiaries a Writing wherein the Satisfaction of the 3d Article demanded by the Council was wholly omitted but the Claims of the East-India Merchants and others were to be compounded The 15th Article was changed so as that neither the Dominion of the Seas was mentioned nor their Ships to be searched but they were to strike the Flag and lower their Top-sail to any English Man of War within the British Seas with several other Concessions Now the Dutch Artifice after having made so many Protestations of agreeing with Cromwel upon better Terms than they would if he would dissolve the Rump and Barebone's Parliament appeared for notwithstanding Cromwel had omitted the Satisfaction demanded by the third Article and qualified the fifteenth yet looking upon Cromwel's state uncertain and that he stood in as much need of them as they of him without giving any Answer upon the 28th of December desired a Passport to depart Now Cromwel perceived how the Plenipotentiaries had deluded him
sustained by the Depredations upon the Ships and Lading taken from Sir Paul Pindar and Sir William Courten c. In this Interval of the Parliament's Recess the King took the Seals from my Lord Chancellour Ashley now made Earl of Shaftsbury and gave them to Sir Heneage Finch a Person of singular Integrity Eloquence and Veracity who to those insite Excellencies which were natural to him improved them by the great Example of his Uncle John Finch likewise Keeper of the Great Seal in the King's Father's Reign yet with a different Fate for the Temper of the Times would not bear his Uncle's Integrity Eloquence and Veracity whenas the Nephew with prosperous Gales continued his Course till he arrived at Lord Chancellour Lord Daventry and Earl of Nottingham and kept the Seals to his dying Day which not one of his three Predecessors could do And Sir Thomas Osburn succeeded Lord Treasurer So C. and A. are out we shall soon see what became of B. A. and L. At last the 20th of October came and the Parliament met again when at the opening of the Session the new Lord Keeper with admired Eloquence and Veracity which he retained to his dying Day made a large Deduction of the Dutch Averseness to Peace their uncivil Demeanour to the King 's Plenipotentiaries at Cologn and how indirectly they dealt with the King in all the Overtures of Peace and therefore a necessary Supply proportionable to the Greatness of the King's Affairs was not only demanded but Care to be taken for Payment of the Bankers Debt otherways Multitudes of the King 's Loyal Subjects would be undone But neither the Keeper's Eloquence nor his Veracity would down with the Commons for during this Recess the Terror of the French Progress had alarm'd the Nation as well as the rest of Christendom The French Legerdemain at Sea was so much more taken notice of as our Loss was more by their looking on whilst the English and Dutch destroyed one another The Commons were frighted at the standing Army in England commanded by a Foreigner and an Irish Papist taking all Military Liberty as in Time of War It was more than whisper'd the Conditions proposed by the King 's Plenipotentiaries at Cologn were impossible which tho granted yet no Peace was to be had unless the French King was answer'd in his Demands nor were the Commons content with their Prorogation till the Marriage with the Princess of Modena was past Cure Hereupon the Commons on the 31st of October bound themselves by a Vote That considering the present Condition of the Nation they will not take into further Consideration any Aids or Charges upon the Subject except it shall appear that the Obstinacy of the Dutch shall render it necessary nor before this Kingdom be effectually secured from Popery and Popish Counsels and other Grievances redressed This early Vote of the Commons was so much more surprizing to the Band of Pensioners who as yet had not earned their Bread by how much they expected Mountains of Gold should fall from my Lord Keeper's Eloquence and Veracity And now is the King like his Father when he went to York to fight the Scots reduced to a fine state all the Monies received from the French King like Water spilt upon the Ground never to be collected Besides the Band of Pensioners he had a Land Army to maintain and a Fleet at Sea which the French Subsidies would not one fourth maintain He could not avoid the Clamours of his Subjects whose Monies were shut up in the Exchequer nor the Merchants who had supplied his Navy in this and the former Dutch War yet their Graces the Dutchesses of Cleveland and Portsmouth must be maintained sutable to their Qualities so must the Dukes of M G S N R St. A and Earl of P besides Portions to be provided for many of his Off-spring of the other Sex He had already provided Titles for the Cabal except Buckingham who could not be greater However you 'll see this Vote of the Commons will work powerfully notwithstanding the Agreement at Vtrecht that the King shall not make a separate Peace without the French King nor any Peace with the Dutch unless the French King shall be satisfied in his Particulars at Cologn Nor did the Commons stay here but C. and A. being gone one dead the other turned to t'other side they fell upon B. A. and L. and addressed themselves to the King that they might be removed from his Councils Presence and all publick Employment and upon the 4th of November moved 1. That the Alliance with France was a Grievance 2. That the evil Counsel about the King was a Grievance to the Nation 3. That the Lord Lauderdale was a Person grievous to the Nation and not fit to be trusted in any Office or Trust but to be removed The Rump of the Cabal thus used frighted the whole Band of Pensioners into a Fear their Turn would be next at least their Pensions not paid and therefore to undo all that was done in a Hurry the Parliament was prorogued to the 7th of January following not having sat eight Days But the Commons needed not to have been so fierce upon B. A. and L. for B. was now going off and A. being the King's Brother-in-law was spited that he was twice balked in being Lord Treasurer and if he did not turn to t'other side yet he would never be reconciled with my Lord Treasurer Only L. now remained to be quit with the Commons to get an Act of Parliament in Scotland to raise 20000 Foot and 2000 Horse to serve the King upon all Occasions The King having so hastily begun this War by two such Acts as were without Precedent viz. The shutting up the Exchequer and the Attempt upon the Dutch Smyrna Fleet was now as forward to make a Peace with the Dutch even upon any Terms tho but last Year his Plenipotentiaries had agreed at Vtrecht with the French King not to make Peace with the Dutch without him and this Year at Cologn to grant no Peace unless the French King be satisfied in his Particulars By this time the CABAL was degenerated into a Juncto and this was compounded too of five viz. My Lord Keeper F L Lauderdale Arlington and Secretary Coventry in room of Secretary Trevor now dead It was agreed by the whole Juncto That Sir William Temple was the most proper Agent for making this Peace not only for his Abilities and great Reputation he had acquired in concluding the Triple League but for the Honour and Esteem the King of Spain and States of Holland held of his Integrity and Conduct And in order hereunto my Lord Arlington from the King and Juncto complimented Sir William and told him He would not pretend the Merit of having named him Sir William upon this Occasion or whether the King or my Lord Treasurer did it first but that the whole Committee joined in it and concluded That since a Peace was to be made no
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
Malice c. for he was so far acquainted with himself as that he knew himself to be the humblest Man alive I 'll try that presently says the Duke and so as a Testimony of his great Humility orders him Spaniel-like to take several Turns over and under the Bed his Grace and his Whore all the while lying in it which he did to Content and when 't was over Well says the Duke now I believe you and you shall have the Bishoprick of St. Davids Williams who knew the Disposal of the Seal was as Buckingham pleased durst do no otherwise than become Laud's Advocate to the King but the King was at first utterly averse from it giving Laud's Marriage of the Lady Rich and his urging the King not to rest at the five Articles of Perth for some Reasons but the Keeper persisting and alledging how sorry Laud was for these the King at last said And is there no hoe but you will carry it then take him to you but on my Soul you will repent it and so went away in Anger using other fierce and ominous Words which were divulged in Court and are too tart to be repeated as you may read fol. 64. tit 75. in the Life of Archbishop Williams It 's observable that Benefits conferred upon Ambitious Men never create any Obligation of Gratitude on the contrary ill Men generally turn the Benefits received to the Ruin and Overthrow of their Benefactors More likely Instances hereof are rarely to be found than in Laud and Buckingham this having received his first Admission into the King's Favour by the Mediation of the Archbishop to the Queen Ann none else being able to perswade her to it yet before the Arch-bishop could bring the Queen to it she often told him My Lord You and the rest of your Friends know not what you do I know your Master the King better than you all for if this young Man be once brought in the first Persons that he will plague must be you that labour for him yea I shall have my part also the King will teach him to despise and hardly intreat us all that he may be beholden to none but himself as you may read in his own Narrative in Rushworth from fol. 438 to fol. 461. But Laud's Contrivance to ruin Williams after Bishop of Lincoln takes up almost a Volume reported by the Bishop of Litchfield and by what villanous Instruments Perjuries Subornation and keeping back of Witnesses expunging and razing Records and by displacing Sir Robert Heath from being Lord Chief Justice because he would not do Laud's Drudgery and bringing in Sir John Finch who would jurare in Verba Magistri as well as throw down the Bounds of the Forests to make the King's Subjects Inheritances to be a Prey to wild Beasts yet after Laud had perpetrated all these he confest he never read the Commission by which he acted See the second Part of the Bishop of Lincoln's Life However Laud could make no great Progress of his Malice against the Keeper in the Shortness of the Reign of King James after he became Bishop for the King had the Keeper's Parts and Learning in high Esteem tho Buckingham both hated and feared the Keeper for them no great sign of a wise Statesman see the Bishop of Litchfield's Life of Arch-bishop Williams Part 1. fol. 148. tit 156. and had so little Wit as to say so Yet Laud now a Bishop from a Stickler and Informer against those who opposed the Arminian Tenets now becomes a Patron and Promoter of them all Court-Favour now looked that way and the Opposers of them were discountenanced and ranked in the Degree of Puritans all the Youth generally ran that way and the Schools in both Universities rung loud upon those Tenets and from thence were dispersed into all Parts of the Kingdom The King having spent the two Subsidies granted in Parliament and the Benevolence which he had by his own Authority raised all over England for the Recovery of the Palatinate upon the Prince's Expedition into Spain Buckingham to his Project of getting the Dean and Chapters Lands propounds the Sale of all the Crown-Lands but this meeting with many Difficulties and being disswaded from the farther Prosecution of it by the powerful Reasons of my Lord Keeper Williams there was now no other means left to get Money but by calling a Parliament And now Buckingham courts the popular Humour and appears most forward for to make appear in Parliament the Reasons which induced him to perswade the Prince to break off from the Match with Spain which tho it took at present yet it was but short-lived for the Treaty of the Marriage between the Prince and Daughter of France spoil'd all But this was not known during the sitting of the Parliament which met upon the 16th of February 1623-24 We hear of no Proclamation now against talking of State-Affairs the debating of them in Parliament is not Sutor ultra crepidam on the contrary the King in his first Speech to them the 19th of February tells them He craves their Advice and that he would advise with them in Matters concerning his Estate and Dignity and that he had ever endeavoured by this and the like ways to procure and cherish the Love of his People towards him So he does hope and his Hope exceeded by Faith that never any King was more beloved by his People c. Let any Man compare this with what the King said and did last Parliament and after and judg of the Sincerity of this part of the King's Speech especially when he remembred himself better when in his last Speech to this Parliament he boasted he had broken the Necks of three Parliaments which were all that were in his Reign but this But these were but Generals of which he complains afterwards having learn'd it of his Scholar Buckingham in particular he asks their free Counsels in the Match of his Son the debating of which last Parliament gave him so great Offence Now at this time the King had broke off the Match in Spain and was treating another with France which was greedily entertained in the French Court and some Progress made in it of which the King never that I can find or do believe mentioned one word to the Parliament The next Particular which the King communicated to them was of his Scholar but now his Master Buckingham in whom he the King ever reposed the most Trust of his Person that he should be ever present with the Prince in Spain and never leave him till he returned again safely to him which he did tho not with that Effect of the Business expected yet not without Profit for it taught him the King this point of Wisdom Qui versatur in generalibus is easily deceived and that Generality brings nothing to good Issue but that before any Matter can be fully finished it must be brought to Particulars for when he thought the Affair had been before their going reduced to
revoke those Powers more than by the Clause De non revocando procuratore inserted in the Instrument it self and then he conceived the Clause to be matter of Form and tho essentially of no binding Power yet usually thrust into every such Instrument and that the Civilians hold That it is lawful by the Civil and Canon Law for any Man to revoke his Proxy of Marriage notwithstanding it hath the Clause De non revocando procuratore inserted in it Therefore the Duke concluded as to this point That the Earl of Bristol in charging this Matter so highly upon the Prince had much forget himself Can any Man believe that when the Prince made the Procuration to the King of Spain and his Brother to his Espousals with the Infanta in his Name and left it in the Earl of Bristol's hands with the Clause De non revocando procuratore that he then had consulted with the Civilians that he might revoke it when he pleased or that this Marriage nine Years in treating was not founded upon the Honour and Oaths of the Kings the Prince and of Buckingham himself but upon the Niceties and Quirks of the Civilians Or did it become the Prince or the Duke either who when he parted from the King of Spain at the Escurial solemnly to swear the Treaty of Marriage and the Furtherance of it by all that was in his Power in the presence of the Earl of Bristol and Sir Walter Ashton as you may read in Rushworth fol. 285. and now in the face of the King and Parliament to plead a Nicety of the Civilians to absolve the Prince and himself Now let us see what the Earl of Bristol says for himself for the Duke's Charge upon him for Proceedings upon this Match His Reasons were 1. For that he had a Warrant under the Prince's hand for his Proceedings to consummate the Match 2. It was the main Scope of his Embassy 3. He was enjoined by the King and Prince's Commission under the Great Seal 4. He had positive Orders under his Majesty's hand King James since 5. It was agreed by Capitulation that it should be within so many days after the coming of the Dispensation 6. The King James and Prince signified by their Letters to him at the same time when they discharged him of his Commandment touching the Infanta's entring into Religion that they intended to proceed in the Marriage which Letters bear date the 8th of October 1623. 7. The Proxies were to that end left in his hands and after again renewed after the Prince's return into England 8. That he the Earl had overthrown the Marriage without Order for tho Sir Walter Aston and himself had used all possible means for gaining time and deferring the Desponsories yet the King of Spain caused it to be protested that in case the Earl should insist upon the deferring the Desponsories he would free himself from the Treaty by the Earl's infringing the Capitulations And in truth altho the King of Spain should have condescended to have prolonged the Desponsories until one of the Days of Christmas as by the Letter was required yet the Prince's Proxies had been before that time expired and he durst not without a precise Warrant put such a Scorn upon so noble a Lady whom he then conceived was like to have been the Prince's Wife as to nominate a Day of Marriage when the Proxies were out of date and he himself had sworn to the Treaty 9. He the Earl could not in Honour and Honesty but endeavour to perform that publick Trust reposed in him when the Proxies were deposited in his hands with publick and legal Declaration with an Instrument by a Secretary of State to the King of Spain leading and directing the Use of them and the same being then Instrumentum Stipulatum wherein as well the King of Spain was interested by the Acceptation of the Substitution as the Prince by granting the Proxies he could not in Honesty fail the publick Trust without clear and undoubted Warrant which so soon as he had he obeyed See Rushworth fol. 301 302. The Duke 's stating the Question super totam materiam was Whether this being the full Effect and Product of this Negotiation he had opened to them the Parliament be sufficient super totam materiam for his Majest to rely upon with any Safety as well for the Marriage of his only Son as for the Relief of his only Daughter Or that these Treaties set aside his Majesty were best to trust in his own Strength and to stand upon his own Feet So the Duke ended That if the bringing us from Darkness to Light did deserve any Thanks we must wholly ascribe it to his Highness the Prince Here is a Tale finely told parte inaudita altera but the Duke shall hear more of it and indeed it was a Net so spread in the sight of every Bird that it was a wonder it should catch any for at this time the Match was quite broke off with Spain and another entered upon with France when it must be suposed forsooth the Spanish Match was in Treaty and now must be broken off by Advice in Parliament which was before such a Mystery of State as not to be meddled with in Parliament But while the Prince and Duke were wrapt up in security of the Parliament as well as the King's Affections and that now the Duke was become as well the Peoples as the King's Favourite a new Accident happened out of which if the Prince and Duke had not been extricated by the matchless Wit and lively Industry of the Keeper in all appearance it would have put both Prince and Duke out of the King's Favour and Affections dissolved this beloved Parliament and have brought such a train of mischievous Consequences as could not have been foreseen or prevented I desire to be excused if I do not cite the Bishop of Litchfield's words in the Life of the Lord Keeper for I think the Case will more clearly appear without his Paraphrases and Glosses While the Marriage between the Prince and Infanta was in Treaty the King of Spain sent Don John Marquess Inoiosa his Ambassador to be resident in England a Man of true Spanish Gravity and Severity and a most rigid Promoter of the Popish Interest in England so that he was taken notice of to be the most surly and unpleasing Man that ever came to the Keeper about any Business If this Man were thus during the Treaty it could not be expected he would become better natur'd upon the breaking of it and the Duke of Buckingham was as jealous of him that he should spoil the Narrative he had made of the Proceedings in the Spanish Match as he was of the Earl of Bristol and therefore would never admit the Marquess to have any private Audience of the King in the Duke's Absence so that Sir Walter Aston wrote from Spain that it was complained of that Marquess Inoiosa had advertised thither he had not been able
Answer in Writing and that the Witnesses on both sides be examined and Evidences on both sides heard by such Course and manner of Proceedings as shall be thought fit by the House And if upon a full Hearing the House shall find it Treason then to proceed by way of Indictment if doubtful in point of Law to have the Opinion of the Judges to clear it if doubtful in Matter of Fact then to refer it to a legal Trial at Law and that the rather for that 1. It appears that the Earl in the space of two Years till now he complained has not so much as been questioned for Matter of Treason 2. He has been examined upon twenty Interrogatories and the Commissioners satisfied that his Answer would admit of no Reply 3. The Lord Conway by several Letters hath intimated that there is nothing against him but what was pardoned by the Parliament of the 21st of Jac. and signified his Majesty's Pleasure that he might rest in that Security and sit still 4. That his Majesty had often declared to the Countess of Bristol and others that there was neither Treason nor Felony against the Earl nor ought else but what a small Acknowledgment would expiate The Earl in Conformity to this Order answered every Particular of the King's Charge against him without any Reply but it would be a wonderful Discovery to find an Answer to any one Particular of the Earl's Charge either against the Duke or my Lord Conway The Commons at the same time impeached the Duke of high Misdemeanours in a Charge of thirteen Articles whereof that of the Death of King James was one but to the Displeasure of the King so far as to commit Sir Dudley Diggs and Sir John Elliot to the Tower for it and the Commons sent a Message to the Lords by Sir Nathaniel Rich by an unanimous Vote to commit the Duke to safe Custody which I do not find the Lords did nor did the imprisoned Members lie long in the Tower for the King signified to the House that Sir Dudley Diggs did not speak the Words for which the King committed him and soon after Sir John Elliot was discharged However the Commons ran high against the Duke with a Protestation That till he were removed from meddling with State-Affairs they were out of all hopes of any good Success and did fear that any Money which they shall or can give will through his Misemployment rather he turned to the Hurt and Prejudice of this Kingdom than otherwise as by lamentable Experience they have lately found in those large Supplies they had formerly and lately given But the Duke thus doubly stormed both by the Earl and Commons and utterly unprovided to defend himself against either and the King rather than receive the Remonstrance the Commons had prepared to present him against the Duke resolved to part with the Parliament rather than the Duke and thereby lost four Subsidies and three Fifteenths tho the House of Peers petitioned to the contrary This was upon the 15th of June 1626. The King having sent the Parliament home again sends a long Declaration after them wherein he magnifies his Power of Calling Adjourning Proroguing and Dissolving Parliaments peculiarly belonging to himself by an undoubted Prerogative inseparably united to his Imperial Crown of which as of all his other Royal Actions he is not to give any Account but to God only whose immediate Lieutenant and Vicegerent he is in these his Realms and Dominions by Divine Providence committed to his Charge yet his Purpose is so to order himself and all his Actions concerning the Weal of his Kingdoms as may justify themselves not only to his own Conscience and to his own People but to the whole World He thought fit to make a true plain and clear Declaration of the Reasons that enforced him to dissolve these two last Parliaments so that the Mouth of Malice it self might be stopt and the deserved Blame of so unhappy Accidents may justly fall upon the Authors thereof The King says That when he came first to the Crown he found himself engaged in a War against a potent Enemy Who was that Enemy Or at what time was any Declaration of any War made either against his Father or him Which after the best Search I could ever make I could never find any yet this I find that the next day after his Father's Death he and his Favourite the Duke were so eager to make a War against the King of Spain that a day must not be lost but Writs must be issued out to summon a Parliament to give Subsidies to make War against Spain See the second Part of the Keeper Williams ' s Life fol. 4. tit 2. This War the King says was not undertaken rashly nor without just and honourable Grounds but enforced for the necessary Defence of himself and his Dominions If this War were for the necessary Defence of the King and his Dominions there must be some Body that did thus offend the King and his Dominions but who this is the King neither says nor can I find For the Support of his Friends and Allies This is general so no particular Answer can be given to it but who these Friends and Allies were which were to be supported the King neither says nor can I find For redeeming the antient Honour of this Nation It had need for it was never so blasted as in his Father's and his own Reign For the Recovery of the Patrimony of his dear Sister her Consort and their Children injuriously and under colour of Treaties of Friendship taken from them The King's Father to make good the Narrative which this King and Buckingham made of the Spanish Treaty told the Parliament he was deceived by Generals and that dolosus versatur in generalibus If the King would have satisfied the World how his Brother-in-law's Patrimony was taken from him by Colour of Treaties and Friendship he should have set forth the Treaties and Friendship and by whom and when sought and by whom and when broken but of this the King says not one word and therefore that which he says stands for nothing And for the Maintenance of the true Religion Were the Ships which he and Buckingham last Year sent to subdue the Rochellers who had never given him or his Father any Offence for the Defence of the true Religion If this was not what was it this King did for the Defence of the true Religion And invited thereunto and encouraged therein by the humble Advice of both Houses of Parliament What! all this by the Advice of both Houses of Parliament I cannot find the Parliament 21 Jac. ever invited his Father to any more than to break off the Treaties of the Prince's Match with Spain and the Palatinate But what if upon the Misinformation of the Duke ex parte the Parliament had done all this yet whenas the Earl of Bristol had twice blasted the Duke's Narrative in every particular without any Reply Why
am not when Buckingham came out of France with the Queen of England he left or soon after sent Sir Balthazer Gerbier to hold secret Correspondence between the Queen and himself and tho Richlieu watch'd Gerbier narrowly yet he brought the Queen's Garter and an exceeding rich Jewel to Buckingham from her Upon the breaking out of the Feuds in the Queen's Family which began almost as soon if not before it was settled Buckingham prevails with the King to be sent into France to compose them which was granted But Nani says the true Motive of Buckingham's Journey being ascribed to Love contracted in that Court Richlieu perswaded the King to refuse him Entrance into the Kingdom The Rage hereupon of the other was inflamed to extremity and sware since he was forbidden to enter in a peaceable manner into France he would make his Passage with an Army Here you see the Duke was under a double Obligation of Love and Honour and since he could not attain his End in Love it 's remarkable by what Steps he proceeded to make good his Oath and Honour of entering into France with an Army which will be better observed if they be look'd upon in their Circumstances It was the 16th of August 1625 in the first Year of the King's Reign as you may see in Rushworth fol. 335. that Buckingham caused the Captains of the Fleet under the Command of Vice-Admiral Pennington to deliver it into the French Power to fight against the Rochellers and while the Fleet was thus in the French Power and after the Duke had received the horrible Affront of being denied Entrance into France in a peaceable and loving manner about Michaelmas following viz. about six Weeks after the delivery of the Fleet the Duke as Lord High Admiral of England by an extraordinary Commission seized the St. Peter of New-haven John Mallerow Master laden with Goods Merchandize and Money to the value of 40000 l. upon the account of Monsieur Villiers Governor of New-haven and other French Merchants as Prize and the Duke took out of the said Ship sixteen Barrels of Cochineal eight Bags of Gold three and twenty Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold and Monies and Commodities to the value of 20000 l. and delivered them to Gabriel Marsh his Servant Whereupon there was an Arrest of two English Merchant Ships in New-haven upon the 7th of December following viz. 1625. whereupon by a Petitionâ— from the Merchants the King ordered December the 28th that the Ship and Goods belonging to the French should be re-delivered to the French upon this the Court of Admiralty decreed upon the 16th of January following that the Ship with all the Goods except three hundred Mexico Hides sixteen Sacks of Ginger one Box of gilded Beads and five Sacks of Ginger should be released from further Detention and delivered to the Master yet the Duke not only detained to his own use the said Gold Silver Pearl Emeralds Jewels and Money but upon the 6th of February following without any legal Proceedings caused the sid Ship to be again arrested and detained as you may see in Rushw f. 312. And here began the seizing of our English Ships in France which the Duke makes one of the Causes of the War Object But this is but a Charge of the Commons upon the Duke and therefore no direct Proof Answ It is not to be presumed the Commons would have charged these things thus particularly and positively without Proof and I say moreover they are to be taken for Truth since the King did dissolve the Parliament rather than the Duke should come to his Trial upon the Commons impeaching him hereupon and 't is worth Observation to see how without Counsel and by contrary Extreams the King and Duke engaged in both the Wars against Spain and France The Bishop of Litchfield in the second Part of the Life of the Lord Keeper Williams f. 4. tit 2. says The next day after King James's Death the King and Duke were busied in many Cares but the chief was for the Continuation of the Parliament at King James's Death the Keeper shewed that the Parliament determined with the Death of the King then the King said Since Necessity required a new Parliament his Will was that Writs forthwith be issued out of Chancery for a new Choice and not a day lost The Keeper hereupon craved leave to be heard and said It was usual in times before that the King's Servants and Friends did deal with Counties Cities and Boroughs where they were known to procure a Promise for their Elections before the precise time of any insequent Parliament was published and that the same Forecast would be good at this time which would not speed if the Summons were divulged before they look'd about them The King answered It was high time to have Subsidies granted for the War with the King of Spain and the Fleet must go forth for that purpose this Summer To which the Keeper replied in few words and with so cold a Consent that the King turned away and gave him leave to be gone whereas the King dissolved this Parliament and lost four Subsidies and three Fifteenths to save the Duke and make War upon France Concealing the true Reason for this War with France the Duke in his Declaration gives two other Reasons of it the first was the refusal of Mansfield to land his Army at Calais according to Agreement whereby the Design for the recovery of the Palatinate was frustrate But why must this be a Reason at this time of day for this was done in the Reign of King James and when the Treaty of the Marriage with France was in being Why was not then the Treaty broke off upon it And why after this in King Charles's Reign was the English Fleet put into the Power of the French to subdue the Rochellers and this Business of Mansfield's not so much as taken notice of The second Reason was The French seizing our English Merchants Ships in their Ports But this was after the Duke had seized and made Prize of the St. Peter of Newhaven so here the Duke begins making Prize upon the French and makes War upon them for doing so by the English However we have here a Declaration and Reason of a War against the French such as 't was tho none could be had for the War with Spain Here you may see the unhappy Fate of Princes who treat their Subjects as Enemies and their Flatterers and Favourites as their only Friends and Confidents for notwithstanding the King 's ill Success last Year to Cadiz and the King's Complaint for want of Money in the Exchequer and the ill terms he was at with his Subjects not only to be put upon making a War against the King of Spain and the Emperor but now also against the King of France and to have none but Buckingham Laud c. and their Paraâ—ices to support him in all these Wars and what
away the Merchants Ships so that they may not easily catch and light upon the West-India Fleet. A Jesuit and nine Priests were taken with this and many other Papers which were delivered to Sir John Cook Secretary of State the Jesuit was condemn'd but reprieved by the King because Sir John Cook said The King delighted not in Blood and afterward the nine Priests were released by special Warrant from the King and the King in his Reasons for dissolving the Parliament makes the House of Commons Enquiry into this Business to be an exorbitant Encroachment and Usurpation such as was never before attempted by that House By this you may see the Religious care this pious Prince had for the Church of England and how much he regarded the Laws of England or minded the Support of the poor Protestants in France or the Re-establishment of his Brother-in-law in the Palatinate Thus stood things when the Parliament met the 17th of March when the King as Men in a deep Lethargy no ways sensible of their Pain or the dangerous State they are in not considering the dangerous State he was in both abroad and at home Abroad in that he had made War upon the King of Spain without any Declaration of War and that against his Father's Advice and of his Council and upon the King of France wherein himself and his Favourite Buckingham were the Aggressors at Home by his unheard of Invasions upon the Fortunes and Liberties of his Subjects never before done by any King of England in the short Interval of these two Parliaments scarce being 9 Months upon the Opening of the Parliament far unlike his Father in the last Parliament of his Reign when his Case was not near so dangerous as this King's tho their Necessities were equal to get Money by Parliaments when they could get it no other Way begins his Speech My Lords and Gentlemen THese Times are for Action wherefore for Example sake I mean not to spend much Time in Words expecting accordingly that your as I hope good Resolutions will be speedy not spending Time unnecessarily or that I may say dangerously for tedious Consultations at this Conjuncture of Time are as hurtful as ill Resolutions I am sure you now expect from me both to know the Cause of your meeting and what to resolve on yet I think there is none here but knows that common Danger is the Cause of this Parliament and that Supply at this time is the chief End of it so that I need but point to you what to do All this but of Supply is Mysterious and General and had need of an Interpreter The King goes on and says I will use but few Perswasions for if to maintain your own Advices and as the Case now stands for the following thereof the true Religion Laws and Liberties of this State never so violated by any King of England before him and the just Defence of our true Friends and Allies be not sufficient then no Eloquence of Men or Angels will prevail What Parliament or any other Council but that of Buckingham advised him to make War either upon the King of Spain or France search all the Records of the Journals of Parliament of 21 Jac. and Rushworth Franklin and Bishop of Litchfield and see if in any one of them there be one Sentence of making War against the King of Spain but only to break off the Treaty with the Spanish Match and for the Palatinate But admit the Parliament had upon the Misinformation of the King and Duke advised the King to have made War upon the King of Spain yet since the Earl of Bristol so shamefully blasted the whole Story not a Year since in open Parliament without any Reply How was this Parliament obliged to have made good what that had done And since the King dissolved the last Parliament rather than the Duke should be brought to Trial upon the Earl's Charge which was a Failure of Justice sure it had been more to the King's Honour not to have mention'd this to the Parliament than that what he had done was by their Advice Did this Parliament or any other ever advise him to put the Fleet under the Command of Vice-Admiral Pennington into the French King's Power to subdue the poor Rochellers who never did him any wrong to the Ruin of the Reformed Interest in France and to be the Foundation of the French Grandeur by Sea and then on the contrary make War upon the French King when he was the Aggressor Did ever this or any other Parliament advise him to take his Subjects Goods by force without and against Law and imprison their Persons by his Absolute Will and Pleasure denying them the Benefit of their Corpus's the Birth-right of the Subject and to continue them Prisoners during his Will without allowing them a Trial by the Laws whether they were guilty of any Crime or not Or to execute Martial Law impose new Oaths and give Free-Quarter to Soldiers in his own Kingdom in time of Peace However the King goes on and says Only let me remember you that my Duty most of all and every one of yours according to his Degree is to seek the Maintenance of the Church and Commonwealth and certainly there never was a time in which this Duty was more necessarily required than now Was the Discharge of the Pack of Jesuits conspiring the Ruin of Church and State with Impunity for the Maintenance of the Church and Commonwealth Or was the Commission which the King granted the next Day after the Writs for the Assembling the Parliament to raise Monies by Imposition in the nature of Excise to be levied throughout the Nation for the Maintenance of the Church and State And at the same time to order my Lord Treasurer to pay 30000 l. to Philip Burlemac a Dutch Merchant in London to be by him returned into the Low-Countries by Bill of Exchange to Sir William Balfour and John Dalbier for the raising of 1000 Horse with Arms both for Horse and Foot for the Maintenance of the Church and Commonwealth of England And also to call a Council for levying Ship-Money now he had by his own Will taken the Customs without any Grant of Parliament for the Maintenance of the Church and State I therefore judging a Parliament to be the antient speediest and best way in this time of Common Danger to give such Supply as to secure our selves and save our Friends from imminent Ruin have called you together Every Man must do according to his Conscience wherefore if you as God forbid should not do your Duties in contributing what the State at this time needs I must in Discharge of my Conscience use those other means which God has put into my hands to save that which the Follies of particular Men may otherwise hazard to lose It 's certain a Parliament is the best way in time of Common Danger to give Supplies and secure the Nation from imminent Ruin the Nation being most
told them that the King of his Grace and Favour upon their granting 12 Subsidies to be paid in three Years would forbear levying Ship-Money and abolish it and for their Grievances they should rely upon his Royal Promise and give as much time now as may be and after at Michaelmas next and that the King expected a positive Answer Hereupon the House was turned into a grand Committee and spent the whole Day upon the Message but came to no Resolution and desired Sir Henry Vane to acquaint the King that the House would next day proceed upon the King's Supply But next Morning early Secretary Windebank in actual Correspondence and Conspiracy with Richlieu's Chaplain for subverting our Religion and introducing Popery commanded the Speaker to Whitehall and the same Day the King dissolved the Parliament and the next Day the Lord Brook's Study Cabinet and Pockets were searched for Papers and Mr. Bellasis and Sir John Hotham were convened before the Council to answer concerning Passages in Parliament and giving no satisfactory Answer were committed Prisoners to the Fleet till further Order from the King and Council and Mr. Crew was committed close Prisoner to the Tower till further Order from the Council and no Cause shewed in either of these Warrants The greatest Objection against Hereditary Monarchy is that Princes Ears are always open to Minions Flatterers and Sycophants whereby they rarely understand the state of their own Affairs or of their Subjects To attemper this the Wisdom of our Constitution ordains That Parliaments be frequently held to represent to the King the state of the Nation and so to inform him of Grievances that they may be redressed And so inviolably has this mutual Correspondence between the King and Parliament been observed in all Ages that I do not believe any King or Queen of England and of the English Race since Henry 3. ever dissolved one Parliament in Displeasure before King James whereas of eight Parliaments these two Kings of the Scotish Race dissolved seven in Displeasure Yet never did Parliaments in any Reign demean themselves more chearfully to any King than to these two and I challenge any one to shew that in any one respect they intrenched upon any just Prerogative of either of these Kings or did any Act not warranted by former Precedents It 's true Queen Elizabeth would not endure to have the Parliament to meddle with the state of the Church as 't was established nor hear of declaring a Successor and when either of these were moved contrary to her express Order she would commit the Members but easily dismiss them otherwise I believe in no Age any Member of Parliament was ever committed or censured by any King of England before King James for debating or reasoning of the state of the Nation or Church In the 20th of Edward 3. John of Gaunt the King's Son the Lords Latimer and Nevil were accused in Parliament for misadvising the King and were sent to the Tower for it and Henry 4. Rot. Parl. 5. upon the Complaint of the Commons against four of his Servants and Counsellors that they might be removed declared openly That tho he knew nothing against them in particular yet he was assured that what the Lords and Commons required of him was for the Good of himself and Kingdom and therefore he banish'd them and at the same time declared he would do so by any other who should be near his Royal Person if they were so unhappy as to fall under the Hatred of his People Whereas this King tho the Duke of Buckingham were accused of more Crimes in Parliament than is recorded of Pierce Gaveston and the Spencers in 2d's time and of the Duke of Ireland Tresilian and Belknap in 2d's time and of the Death of this King's Father to boot yet rather than the Duke shall be brought to Trial the King dissolves the second Parliament of his Reign And in his Declaration for dissolving the three Parliaments calls the questioning his Ministers an Invasion upon his Prerogative and that through them they endeavoured to wound their Soveraign's Honour and Government Since the Statute De Tallagio non Concedendo in the Reign of Edward the I I think no mention has been made that ever any King of England taxed the Subject before this King and his Father except Edward the IV by Benevolence for which his Memory is bitterly stained in the Parliament-Roll of the second Chapter of Richard the III tho it be not in the printed Statutes and by a Loan demanded in the Reign of Henry the VIII by Cardinal Wolsey the raising of which had near raised a Rebellion which when it came to the King's Ear he laid the Blame upon the Cardinal and said he would not rend his Subjects from the Law and forbid further proceeding in it Arch-bishop Abbot excepts against his Licensing Sybthorp's Sermons for that the King 's taxing Loans by his own Authority was neither by the Laws nor Customs of England the King in his Answer says He did not stand upon the Laws and Customs of England for he had a Precedent for it and would insist upon it The Arch-bishop replied He thought it was a Mistake and feared there was no such Precedent and that Henry the VIII desired but the sixth part of Mens Estates but the King required the full six Parts so much as the Men are set at in the Subsidy-Book And when the Commons in the third Year of his Reign made a Remonstrance against the King's taking Tunnage and Poundage not granted by Parliament the King calls this a detracting from their Soveraign and commands all who have or shall have any Copies of it to burn them upon Pain of his Indignation and high Displeasure The King for Causes of dissolving this Parliament the last he shall ever dissolve begins with the usual Stile That he well knows that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to his Imperial Crown of which he is not bound to give any Account but to God alone no more than of his other Regal Actions But quid gloriaris Did ever any King of England say this before his Father and himself Or in what common-Law or Acts of Parliament is this to be found Or if he had such Power Why does the King so often boast of it Sure it had been better done by another than himself Is this a time of day when this Prince had lost all his Honour abroad to magnify himself that he has Power to dissolve Parliaments at home and thereby obstruct those Ways by which he might unite himself to his Subjects and then glory that he is only accountable to God for all his Actions Nebuchadnezzar's Boast Is not this the Babel which I have built was but a Bauble to this He said this but once and God sent him seven Years among Wild Beasts and he saw his Pride and he repented This King upon all Occasions makes his Boasts but I do not
start from and that therein they were the King 's most Dutiful Subjects Things could not long stay here but upon the 20th of August in 1640 the Scots enter England with an Army of about 22000 Men commanded by General Lesley to deliver a Petition for Reformation of Religion and State and to justify their Proceedings and begin as the King did at the opening of all his Parliaments with the Necessity of their Proceedings The King the same day the Scots entred England posts to York having made the Earl of Northumberland General of his Army the Earl of Strafford Lieutenant-General and my Lord Marshal the Earl of Arundel General of his Forces on the South-side of Trent When the King came to York his first Care was to stop the Scots from passing the River Tine and commanded the Lord Conway and Sir Jacob Astly to oppose them but the Scots having the advantage of the Ground and sixfold more in number than the English force their Passage at Newborn about five Miles from Newcastle to the West and take Newcastle and after Durham and tax the Counties of Northumberland and Durham at 850 l. a day but the Rents of the Papists and the Church of Durham they take over and above The King instead of fighting the Scots is encountred with Complaints from the Inhabitants of Yorkshire Durham and Northumberland of the Miseries of their Condition then with Petitions from many of the Nobility the City of London and other Places for a free Parliament upon this the King assembles a great Council of the Nobility to advise what to do Now things are brought to the Point Richlieu had designed them The King in these two Expeditions had spent all the 900000 l. he before had lodged in his Exchequer and now had two Armies to maintain in the Bowels of his Kingdom when he not only had no means to pay either but also without doubt the Scotish Army were Pensioners to France The Lords advise a Truce which is accepted and all agreed but how to pay the Armies till a Parliament meet was a Question the Scots coming for all the English Mens Gudes demand but 40000 l. per Mensem but like their Country Pedlars fall to 25000 l. which is agreed which with the Charge of the English Army would amount to 60000 l. per Mensem to save the Country from Free-quarter In this Treaty the King named the Earl of Traquair to be assistant to the English Peers but the Scots excepted against him as an Incendiary and one to be brought to Punishment the King submits and leaves him out But how to provide Money to pay both Armies till the meeting of the Parliament which was to meet the third of November is the Question The King had not Credit it could not be had but from the City of London which was upon ill Terms with the King for Alderman Atkins Sir Nicholas Ranton and Alderman Geere were by Order of the Council in Prisons in London and the Attorney-General had Orders to draw an Information against them in the Star-Chamber for refusing to return the Names of such as were able to lend upon a Loan of 200000 l. demanded by the King The Lords therefore of the Great Council write to the City of London signifying the King 's gracious Resolution of calling a Parliament wherein he promised all Grievances to be redrest the Miseries of the Country if the Armies were not paid and not less than 200000 l. could prevent them and the Lords would give their Bonds for the City's Security whereupon the City lent the Money and then the Treaty was adjourned from Rippon to London But that we may better see how things stood at the opening of the Parliament let us look back a little After the King had dissolved the Parliament May the 5th he left the Convocation sitting who frame an Oath wherein they swear never to consent to alter the Government of the Church by Arch-bishops Bishops Deans and Arch-deacons c. as it stands now established and as by right it ought to stand which was interpreted to be Jure Divino They also made sixteen Canons and Goodman Bishop of Glocester for refusing to subscribe the Oath and Canons was suspended Being encouraged by Mountague Bishop of Norwich and Laud ' s Creature who Goodman said had in his Person visited and held Correspondence with the Pope's Nuncio and received his Letters in behalf of his Son who was then travelling to Rome and by his Letters had extraordinary Entertainment there Nor did the Convocation stay here but granted the King a Benevolence of six Subsidies to be paid in six Years the Refusers to be suspended and excommunicated To such an Extremity did the Clergy push things in this techy and disorderly time But any Man may easily guess the Spring which set all these Wheels in motion And it is observable that the Clergy who now taxed their fellow Subjects without Consent of the Commons shall ever hereafter be taxed by the Commons without the Consent of the Clergy CHAP. III. A Continuation of this Reign to the Death of the King UPon the third of November the Parliament met and the Nation which for above fifteen Years had been ridden by a more than French Government now look upon the Parliament I mean the Houses to become their Redeemers and by how much more Honour the Nation gives them so much less they leave to the King And here again you may see the unhappy Fate of Princes who treat their Subjects as Enemies and Favourites as their only Friends and Confidents For the first that forsook the King and run beyond Sea was Canterbury's old Friend Secretary Windebank next after him flies Finch and after the Earl of Arundel and scarce one of his old Favourites I mean before the Scots Troubles stood by him except my Lord Cottington Secretary Cooke was either really or politickly sick Juxton Bishop of London indifferent and in all the Wars lived in the Parliament Quarters but all the rest sided with the Parliament against him Only Laud and Strafford are laid in Prison and after put to Death Nor were the Factions less pliable to entertain these Minions and Favourites than they were forward to join with them I 'll give you one Instance herein In this Parliament all those who would not join them were called Delinquents and upon a Debate in the House of Commons concerning an Order in the Star-Chamber signed by my Lord Privy-Seal Secretary Cooke and others it was moved to send for Secretary Cooke as a Delinquent Another Member my nearest Relation from whom I had this moved That since Sir John Cooke was aged and infirm and above a hundred Miles off and my Lord Privy-Seal in Town therefore that the House should proceed against my Lord To whom Mr. Pym reply'd That whatever my Lord 's ante Acta Vitae were yet since he now went right that all ought to be forgotten Nay so zealous were these new-converted Minions and Favourites
ensue upon such tumultuous Concourse of Men. And why was not this a reasonable Excuse for the King to leave the Parliament and City when they countenanced these Tumults and the King had not Power to suppress them Mr. May goes on and says Vpon this ground twelve Bishops at that time absenting themselves entred a Protestation against all Laws Votes and Orders as Null which in their Absence should pass by reason they durst not for fear of their Lives come to perform their Duties in the House having been rudely menaced and assaulted And why might not the Bishops enter such Protestation for if it be a Maxim in all Assemblies that Plus valet contemptus unius quam consensus omnium then does the Contempt and Affront of a whole Order of Men who have a Right of Suffrage much more render the Actions of the rest invalid However Mr. May goes on and says Whereupon it was agreed by both Lords and Commons that this Protestation of the Bishops was of dangerous Consequence and deeply entrenched upon the Privilege and Being of Parliaments they were therefore accused of High-Treason apprehended and committed Prisoners to the Tower And I say a time shall come when in Parliament these Men who run thus high against the Bishops and established Church of England shall be prosecuted by a contrary Extream and the Church by Law exalted higher than it was before Mr. May goes on and says Thus was the Parliament daily troubled with ill Work whereby the Relief of Ireland was hindred If they were thus troubled they may thank themselves for beginning these Troubles as well by the Commons Remonstrance against the King and Lords as by their countenancing the Tumults By this time things were so envenom'd as would admit of no Lenitives especially by the Commons and the King went from London to Hampton-Court and sent a Message to the Parliament and advises them To digest into one Body all the Grievances of the Kingdom and send them to him promising his favourable Assent to those Means which should be found most effectual for Redress wherein he would not only equal but excel the most indulgent Princes The Parliament thank'd him but nothing but having the Militia at their Disposal would secure their Fears and Jealousies This was as new in England as the perpetuating the sitting of the Parliament and if the King should grant it it would be a total Subversion of the Monarchy For the Parliament being perpetual and having the Power of the Militia the Government must be either a Commonwealth or an Oligarchy and the King insignificant in it yet have it the Parliament would notwithstanding other Grievances and the deplorable State of Ireland And therefore upon the 26th of February they tell the King plainly That the settling the Business of the Militia will admit no more Delay and if his Majesty shall still refuse to agree with his two Houses of Parliament in that Business and shall not be pleased upon their humble Advice to do what they desire therein that then for the Safety of his Majesty of Themselves and the whole Kingdom and to preserve the Peace thereof and to prevent future Fears and Jealousies they shall be constrained of themselves without his Majesty to settle that necessary Business of the Militia See Whit. M. f. 54. a. Here 't is observable That as the King feigned a Necessity to raise Ship-money for the Good and Safety of the Kingdom in general when the whole Kingdom is in danger the Judges gave their Opinion That the King may by his Writ under the Broad Seal of England command all his Subjects of this Kingdom to provide and furnish such Number of Ships with Men Victuals and Ammunition and for such time as the King shall think fit for the Defence and Safeguard of the Kingdom from such Peril and Danger and that by Law the King may compel the doing thereof in Case of Refusal and Refractoriness and that in such Case the King is sole Judg both of the Danger and when and how the same may be prevented and avoided So now the Parliament pretending a Necessity for the Safety of the King and of Themselves and the whole Kingdom and to preserve the Peace thereof will tear the Militia from him In this State things could not stand long at a Stay Mr. May p. 47. will have the Queen 's going into Holland with her Daughter and carrying with her the Crown-Jewels of England and pawning them there whereby she bought Arms for the War which ensued that it was then designed by the King against the Parliament but if Mr. May had been sincere he should have told too as Mr. Whitlock does f. 59. a. how the Parliament took 100000 l. of the 400000 l. they voted to be raised for Ireland and whether this was not for the War which ensued in England Mr. May p. 48. recites three Votes of Parliament 1. That the King's Absence so far remote being then at York from his Parliament is not only an Obstruction but may be a Destruction to the Affairs in Ireland 2. That when the Lords and Commons in Parliament shall declare what the Law of the Land is to have this not only questioned and controverted but contradicted and a Command that it should not be obeyed is a high Breach of the Privilege of Parliament 3. That they who advised the King to absent himself from the Parliament are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourites of the Rebellion in Ireland But Mr. May should have added that it is not the King's Presence in London or any other Place but his assenting to Bills presented to him which he may do by Commission as well as Personally that enacts them into Laws and that the King after he went from London passed the Bill for taking away the Bishops Votes in Parliament and that no Clergy-Man should exercise any Temporal Jurisdiction which the King did with remorse enough and only to humour and appease the Temporal Lords and Commons in Parliament and the Bishops in Parliament are one of the 3 States of England The King moreover in his Absence upon a Motion by the Parliament put Sir John Byron from being Lieutenant of the Tower and Sir John Conniers to succeed him and refers the Consideration of the Government and Liturgy of the Church wholly to the two Houses see Whitlock's M. f. 53. b. But nothing less than the King 's parting with the Militia would satisfy the Parliament which the King would not part from so now it 's left fair for indifferent Men to judg whether the King or Parliament or both designed the ensuing War And to proceed to set forth who began it I have said in the first Page of this King's Reign or p. 153 That the first Fifteen Years of it were perfectly French and such as were never before seen or heard of in the English Nation this brought on a miserable War in all the Three
What Thanks now had Sir Philip Stapleton Sir William Waller and Major General Massey for all their valiant Services to the Parliament whilst Oliver was whistling to his Cambridg Teem of Committee-Men a new Tune of the way of Ordinances Dispensations Righteousness and Providence and whereto can they go to find Relief Glyn had so little Wit as to believe the Law would be his Protection and so did abide a Trial but he was mistaken in his Measures for tho he defended himself with much Prudence yet he was discharged from being a Member of the House and committed to the Tower during their Pleasure But the House proceeded higher against Sir John Maynard and order'd an Impeachment of High Treason to be drawn up against him and ordered Nichols to be taken into Custody but he escaped from the Messenger The English Covenanters could not be so purblind as not to see whereto this tended and were madded that they which had begun the War and by the Aid of their Brethren of Scotland were in a fair Possibility of bringing it to their Desires against the King should not only be outed of their conceived Glory and Reward by these Upstarts of the Army but also the principal of them to be persecuted and destroyed for continuing firm to their Gude-Cause The Militia of London was setled upon the 4th of May in the Management of the Presbyterians who were very industrious in compleating their Companies both of the Trained-Bands and Militia but this was counter to the Design of the Army and judged to be a Conspiracy against it whereupon Fairfax who bore the Name tho Cromwel rul'd all upon the 10th of June sent a Letter to the Parliament That the Militia of the City of London might be put into the Hands of Persons that were better affected to the Army Which the Commons tamely submitted to and upon the 23d of July repealed the Ordinance of the 4th of May. Hereupon the City met in Common-Council and resolved to petition the Commons against it which they did and upon the 26th by the Sheriffs and some of the Common-Council delivered their Petition to the Commons And about an Hour after about 1000 Apprentices delivered another Petition complaining That to order the City's Militia was the City's Birth-right belonging to them by Charters confirmed in Parliament for Defence whereof they had adventured their Lives as far as the Army And desired that the Militia might be put again into the same Hands in which it was put with the Parliament's and City's Consent by the Ordinance of the 4th of May. Upon the reading of this Petition the Lords revoked the Ordinance of the 23d of July and renewed that of the 4th of May and sent it down to the Commons for their Consent and kept back some of the Commons till the Members within agreed with the Lords and then they returned And after some time they or some others upon the rising of the House took the Speaker and thrust him back into the Chair and there kept him and the Members till they enforced them to pass a Vote That the King should come to London And then both Houses adjourned for four Days In this Interval the Members which favoured the Army and the Speakers of both Houses went to the Army and there complained of the Violences upon the Parliament tho none were done to the Lords And after the four Days Adjournment the Houses met and the Lords chose my Lord Hunsdon their Speaker and the Commons Mr. Henry Pelham and passed these Votes 1. That the King should come to London 2. That the Militia of London should be authorized to raise Forces for the Defence of the City 3. That Power be given to the same Militia to choose a General And 4. That the 11 Members impeached by the Army should take their Seats in Parliament This was upon the 30th of July The Citizens armed with these Powers proceed to raise Forces under the Command of Sir William Waller Major-General Massey and Colonel Pointz but these tho numerous being suddenly raised so as the Soldiers not being well listed 't was like no great Opposition could be made against an old experienc'd and victorious Army Besides the Borough of Southwark were generally for the Army and a Party of the Army seized upon the Block-house at Gravesend and block'd up the City by Water towards the East and the Army towards the West The Aldermen and Common-Council of the City now desert their three Generals Waller Massey and Pointz and sent to Fairfax for a Pacification which he granted them upon these Terms 1. That they should desert the Parliament then sitting and the 11 Members 2. That they should recal their Declaration lately divulged 3. That they should relinquish their present Militia 4. That they should deliver up to the General all their Forts and the Tower of London 5. That they should disband all the Forces they had lately â—aised and do all things else which were necessary for the Publick Tranquillity All which the City submitted to So the Speakers and Members which had run to the Army returned again and annulled all the Acts and Orders which had passed since the 26th of July last Here observe That the Members which did not run to the Army but met in Time and Place according to that Adjournment were as much a Parliament as those which continued at Westminster after the King left them and the Members which met at Oxford were as much a Parliament as those which met after they were restored by the Army When the Members were returned the Commons voted an Impeachment of High Treason against the Earls of Suffolk Lincoln and Middlesex and the Lords Berkley Hunsdon Willoughby of Parham and Maynard such a Stalking-Horse was Treason now made and the Crime no more than what themselves had done after the King left them And Sir John Gage the Lord-Mayor Alderman Bunce Langham Cullam and Adams were committed to the Tower for High-Treason for Forcing the Parliament But if this were Treason in them before the next Year goes round you 'll see Cromwel out-treason this a Bar and half And as Sir Phil. Gurney Sir Henry Garoway and Sir George Whitmore were committed to the Tower for adhering to the King against the Parliament so now the Mayor and Aldermen were committed to the Tower for adhering to the Parliament against the Army During these Discords and Confusions the Scots were in great Grumble that the Work of Reformation which united both Kingdoms in Adherence to their Solemn League and Covenant was in danger to be overthrown by the over-spreading of Heresy and Schism which was so much more lamented by how much after their Bargain and Sale of the King both Houses voted That if the King refused to pass Propositions for Peace they will do nothing which may break the Vnion and Affection of both Kingdoms but to preserve the same This was the 28th of December 1646. Now both Factions Parliament and Army
the Thames threatning the Committee of Safety That unless they restored the Rump not one of them should escape In this violent Motion or Commotion the Lord Willoughby Alderman Robinson after Sir John Major-General Brown after Sir Richard and some others came to Mr. Whitlock then one of the Commissioners of the Broad Seal and propounded to him to go to Fleetwood to advise him to send to the King at Breda it should have been to Brussels for the King came not to Breda before he was advised to it by Monk and to offer to bring him in upon good Terms and thereby prevent Monk's Designs which Whitlock did as at the Desire of them and Sir William Fleetwood his elder Brother and shewed Fleetwood unless he did it he and all the Parliament-Party would be left at the Mercy of the King whom Monk would bring in without any Terms as he after did Whitlock therefore propounded to Fleetwood one of these two things Either to give Order to all his Forces to draw together and himself and Friends to appear at the Head of them and so get what Strength they could that would stand by them and accordingly to take further Resolutions if they found their Strength but small which he doubted then with those few which he had to go to the Tower and take Possession of it and to send to the Mayor and Common-Council that he would join with them to declare for a Free Parliament which he thought the City would willingly do and furnish him with Money for his Souldiers which would encrease their Numbers Fleetwood asked him If he would go with him into the Field and to the Tower Whitlock said He would Then Fleetwood asked him What was the other Way he had to propound to him in this Exigency he said it was That Fleetwood should immediately send away some Person of Trust to the King at Breda Brussels to offer to him his and his Friends Service to the restoring the King to his Right and that upon such Terms as the King should agree upon and for this purpose to give Instructions to the Party whom he should send upon this Affair Fleetwood asked him If he would be willing to go himself upon this Employment who answered He would if Fleetwood thought good to send him With this and some other Discourse Fleetwood seemed fully satisfied to send Whitlock to the King and desired him to go and prepare himself forthwith for the Journey and that he and his Friends would prepare Instructions for him so that he might begin his Journey this Evening or early next Morning Whitlock going away met Vane Desborow and Berry coming to speak with Fleetwood and about a quarter of an Hour after Fleetwood returned and in much Passion told Whitlock I cannot do it I cannot do it who desir'd his Reasons Fleetwood answered I am engaged not to do any such thing without my Lord Lambert's Consent then Whitlock told him You will ruin your self and Friends See his Memoirs fol. 692. Thus you see how Man proposes but God disposes Monk that made the Scotish Nobility abjure the King and his Interest brought him in and Fleetwood who would have done it could not do it Fleetwood and his Committee of Safety seeing all things now desperate sent a humble Message to Lenthal to beseech him and the Rump to take upon them the Supream Government again which they graciously accepted but came staggering into the House being miserably shaken by their Convulsion tho it lasted not 2 Months a shrewd Sign they were not long liv'd The first thing the Rump did now they were out of their Fit was to recal Lambert's and Fleetwood's Commissions tho they needed not have done it for their Souldiers which before would not fight for them now would not keep them Company but deserted them so that their Conditions were right lamentable Lambert had no body to fight for him nor Fleetwood scarce any to condole with him in his present Solitudes However the Rump committed Lambert to the Tower Monk now having broken off the Treaty of Accommodation with the Committee of Safety marches on and is every day addressed to That the Nation might have a full and free Parliament yet every one understood what was intended by it and at Morpeth he met with a Letter from the Lord Mayor and Aldermen of London by their Sword-bearer promising the Concurrence and Assistance of the City in it And that the End for which a Free Parliament was to be called was interpreted by hanging out the King's Picture which was no less gazed at by them than by the Welch-men at King Taffy's Effigies at the Welch-Gate at Shrewsbury When Monk came into Yorkshire at North-Allerton he was met by the Sheriff of the County and at York he was magnificently treated by the City and caressed by my Lord Fairfax and a numerous Gentry and here he received into his Service some of Lambert's Regiments and sent back Major-General Morgan into Scotland to keep all quiet there The Rump were scarce recovered out of their Convulsion when they fell into a terrible Quotidian Ague which shaked them grievously and yet could get no Physician which could administer any Comfort They were sure they were no way concerned in the Nation 's and City's Addresses to Monk for a Full and Free Parliament they could not trust the English Army nor would the Army trust them all their Hopes were in Monk and his Army yet were afraid of them and tho they were so yet could not tell to whom they should complain However not to be utterly wanting to themselves they sent Luke Robison and Scot to congratulate Monk's coming and thank him for the Rump's Recovery but not to speak one Word of the Ague the Rump were fallen into These met Monk at Leicester and did their Errand but Monk understood their Meaning as well as they and was as close in concealing his Intentions as they were of their Errand which was to observe and to be a Spy upon him in all his Motions And Monk so far complied as at Northampton he made the Officers of the Irish Brigade abjure the King and his Interest When Monk came to St. Albans he sent to the Rump to turn all those treacherous Souldiers who had been so unfaithful to them out of the City and Lines of Communication which the Rump consented to and the Day after the 3d of February in a Military Pomp led his Army through London and lodg'd in White-hall But the Rump's Frights were without end for now they dreaded the Return of Charles Stuart so they call'd the King more than Sir Booth's Insurrection or the Officers Rebellion and since they could not fight him unless Monk help them they 'll try to swear him out and see if Monk will join with them in it And therefore the Council of State next Day after Monk came to White-hall tender'd him the Oath of Abjuring the King and Royal Family which Monk thought not fit then to
positive Refusal that the Blow came to be eluded which could not otherwise be avoided as Sir William Temple says tho I believe it was intended even when the Prince went out of England However about the latter end of December 1677 the King sent to Sir William Temple to the Foreign Committee and told him he could get no positive Answer from France and therefore resolved to send him into Holland to make a League there with the States for forcing France and Spain into a Peace upon the Terms proposed if either refused To which Sir William told the King what he had agreed was to enter into a War with all the Confederates in case of no direct and immediate Answer from France That this perhaps would satisfy the Prince and Confederates abroad and the People at home But to make such a League with Holland only would satisfy none of them and disoblige both France and Spain Besides it would not have such an Effect or Force as the Triple Alliance had being a great Original of which this seemed an ill Copy And therefore excused himself from going And so the King sent Mr. Thyn with a Draught of the Treaty to Mr. Hide who was then come from Nimeguen to the Hague upon a Visit to the Princess which was done and the Treaty signed the 16th of January tho not without great Dissatisfaction to the Prince This Tergiversation of the Court set fire to the Jealousies in Holland especially at Amsterdam that the Prince by this Marriage had taken Measures with the King as dangerous to the Liberties of Holland and make it there believed that by this Match the King and Duke had wholly drawn the Prince into their Interests and Sentiments The French hereupon proposed other Terms of Peace to the Dutch far short of the King 's and less safe for Flanders restoring only six Towns to the Spaniard and mentioning Lorain but ambiguously which would not have gone down in Holland but for the Suspicions raised by the Prince's Marriage among the People there who had an incurable Jealousy of our Court and thereupon not that Confidence in the Prince that he deserved If we take this Reign as one thing you 'll find it made up of almost infinite Confusions and Disorders and scarce one regular Act in it and now we are come to one which is without any Precedent which was this You heard before how the King to gratify the French Ambassador for not acquainting him with the Marriage with the Prince had prorogued the Parliament to the 8th of April next viz. 1678. And now Mr. Thyn had made this League with the States the King thought this a good occasion to get Money from the Parliament upon it and was loth to stay till the 8th of April for it and therefore by his Proclamation commands the Parliament to meet upon the 15th of January before the 8th of April Prorogations of Parliaments are new and I think were never heard of in England before the Reign of Henry VIII and are said to be the Acts of the King but Adjournments the Acts of the House to a certain Time and Place and both Houses must be sitting and in being when they are either so prorogued or adjourned I remember upon the discovery of Câ—leman's Letters the Court were mightily surprized at it and the Parliament was to have met some few days after upon a Prorogation which the King in that Surprize unwilling they should did therefore call a Council to advise whether he might not prorogue them to a further day without the Houses meeting and 't was said my Lord Chancellor Finch was of Opinion he might and thereupon Sir Edward Seymour Speaker of the House of Commons having Occasions in the Country went out of Town but some body acquainted the King of the Doubtfulness of the Chancellor's Opinion and desired the King to advise with old John Brown who had been Clerk of the Parliament for near forty Years the King did so and John Brown was positive that in case the Houses did not meet at the Time and Place appointed the King by his Proclamation could not prorogue them but it would be a Dissolution of the Parliament Whereupon the Speaker was sent for back again and so many of both Houses met as would make a Parliament which it 's said is forty Commoners and seven Lords and then the King prorogued them But this Consideration was not that I find taken notice of by either House tho both met according to the King's Proclamation The Houses thus met the King acquainted them with the League he had made with Holland and demanded Money of them to carry on the War against France in case France did not comply with the League whereupon the Parliament granted him a Tex by Poll and otherways which amounted to 1200000 l. not for Peace but to enter into an actual War with France But this Tax shall only beget another to disband an Army raised upon that Pretence tho no War was entred into against France But so far was the French King from giving up any Towns notwithstanding the Agreement the King had made with the Prince or the League he had made with Holland that about the latter end of January he had made an Attempt upon Ipre and threatned Ostend and in March following by open Force takes both Ipre and Gaunt yet the French Ambassador here continued his Court and Treaty with all the Fairness that might be The French having now taken Ipre and Gaunt were so far from proceeding in any Treaty either with England the Confederates or Holland or in the Treaty at Nimeguen that about the first of April the French King made publick Declaration of the Terms upon which he resolved to make Peace which tho very different from those agreed upon between the King and Holland and more from the Pretensions of the Allies yet this way of treating the French pursued in the whole Negotiation afterwards declaring such and such were the Conditions which they would admit and no other and upon which the Enemies might chuse either War or Peace and to which France would not be tied longer than the 10th of May after which they would be at Liberty to change or restrain as they should think fit But how imperious soever the French were abroad yet they dreaded a Conjunction of England either with the Dutch or Confederates and therefore thought fit to wheedle our Court till the Affairs of the Confederates should become so desperate as to submit to what Terms the French King should impose upon them And to this purpose Mr. Mountague now Earl sent a Pacquet to my Lord Treasurer giving an account of a large Conference Monsieur Louvoy the French King 's grand Minister of State had with him by the King his Master's Order wherein he represented the Measures they had already taken for a Peace in Holland upon the French Terms and that since they were agreed there they hoped his Majesty would not be
presumed to take Cognizance of Cases which were in the Jurisdiction of or depending in Parliament for this was to depose the Parliament and usurp their Jurisdiction nor do we read that ever any other Court assumed this Authority but in the Reigns of Kings affecting Tyranny and Arbitrary Power The first Judges which I think gave their Opinion That the Courts in Westminster Hall might take Cognizance of Causes determinable in Parliament were Tresilian and Belknap in 11 Rich. II. for which they were impeached by the Commons in Parliament of no less than High Treason and for which by Judgment of the Lords in Parliament Tresilian was hanged and Belknap banished Mr. Williams in his Pleadings for Fitz-Harris cites another Case in 20 Rich. II. of a Person who exhibited a Petition in Parliament which suggested something which amounted to High Treason which it may be was determinable by Common Law This Person was after indicted at Common Law found guilty and pardoned but because the Business was depending in Parliament the Prosecution and Judgment were made void in Parliament The next Case I think but of an higher Nature for Tresilian and Belknap only gave their Opinion was that of Sir John Elliot my Lord Hollis c. 5 Car. I. when an Information was exhibited against them in the King's Bench they pleaded to the Jurisdiction of the Court being for Matters transacted in Parliament the Court over-ruled their Plea and gave Judgment against them and Reasons such as they were for their Judgment but in the 19 Car. I. upon a solemn Debate in the Commons House and upon their Reasons given at a Conference with the Lords the Judgment of the King's Bench Reasons and all were reversed by a Writ of Error in the Lords House and after the Judges who gave the Judgment were impeach'd of High-Treason by the Commons for endeavouring to subvert the fundamental Laws and Constitutions of the Kingdom This Case of Fitz-Harris I take to be the fourth of this kind yet shall open a Gap for a fifth but that this Case may be better understood it will be necessary to distinguish between an Indictment or Information and an Indictment by the Commons in Parliament An Indictment or Information is at the Suit of the King and the Judges and Jury are tied up to some single Issue as in this Case of Fitz-Harris the Trial was whether he was guilty or not of the Treason whereof he was indicted But an Impeachment of the Commons is at their Suit and of all the Commons of England nor are they tied up to one single Issue but impeach for Treason and other Crimes and Misdemeanours in the same Impeachment they assume to themselves That all the Commons in England have a Right in the King and all the Laws and Constitutions of the Nation and therefore can impeach where none of the Courts of Westminster-hall can take any Cognizance at the Suit of the King either by Indictment or Information After Fitz-Harris was committed to Newgate he was examined by the Earls of Essex and Shaftsbury Sir Robert Clayton and Sheriff Cornish who found in him a Disposition to discover the bottom of the Popish Plot and also to make a further Discovery of the Murder of Sir Edmundbury Godfrey but the next Day Fitz-Harris was carried to the Tower and kept close Prisoner and out of their Power to whom Fitz-Harris promised to make a Discovery The Commons conceiving themselves and all the Commons of England concerned in this Plot wherein the French Ambassador his Confessor my Lord H the Dutchess of Portsmouth and her Woman Wall and even the King himself for Fitz-Harris had several times acquainted the King with it and the King gave him Money and countenanced it were Agents impeached Fitz-Harris thereby to enquire into the Bottom of this Business which no Court in Westminster-Hall could do and this I take to be the Reason of the Commons Vote of the 27th of March 1681 That if any inferiour Courts shall proceed upon Fitz-Harris and he be found Guilty the House will declare them guilty of Murder and Betrayers of the Rights of the Commons of England And so it fell out that Fitz-Harris being indicted upon the single Issue of contriving and publishing the Libel was convicted and executed upon it tho he desired to proceed upon the Discovery of this Plot to the Earls of Essex Shaftsbury and to Sir Robert Clayton and to make an End of his Evidence against my Lord H which was denied So that whether Fitz-Harris was murder'd in his Person or not it 's no Question but his Evidence for further Discovery of this and the Popish Plot was murder'd by this Trial. I will make these Remarks more upon this Trial that in the Case of Tresilian and Belknap the Nation was in no other Danger than the Courts of Westminster-Hall's invading the Jurisdiction of Parliament and the Case of my Lord Hollis Sir John Elliot Mr. Selden c. was only for Misdemeanour whereas the King's Person and the Safety of the Nation were concerned in the Discovery which Fitz-Harris might have made see Mr. Hawles's fine Remarks upon the Practices and Illegalities of the Judgment of the Court not warranted by the Common or any Statute Law and that the Consequences of this Trial were manifoldly more mischievous to the Nation than if Fitz-Harris's Design had taken Effect The Fright of Fitz-Harris's Discovery of this new Popish Plot being seemingly allayed by his Death Revenge with winged Haste pursues the Discoverers of the old It was in Trinity-Term that Fitz-Harris was tried and executed and after this Term an Indictment of High Treason was exhibited to the Grand Jury of London against Stephen Colledge a mean Fellow but a great Talker against the Popish Plot who was more known by the Name of Protestant Joiner than Stephen Colledge The Fore-man was one Wilmer This Indictment would not down but the Grand Jury returned an Ignoramus upon it for which Wilmer was forced to fly his Country The Design not succeeding in London the Scene against Colledge is laid at Oxford the Judges were Chief Justice North Justice Jones Justice Raimond and Justice Levins To make sure of a Bill to be found there against Colledge the King's Counsel had prepared Witnesses at the Assizes to post thither and there to make sure Work the King's Counsel are privately shut up with the Jury till they had found the Bill which Mr. Hawles says was a most unjustifiable and unsufferable Practice Whilst these things were contriving Colledge had the Honour as well as Fitz-Harris to be committed and continued a close Prisoner in the Tower yet the Lords impeached in Parliament had the Liberty of it and free Access was permitted to them it 's true indeed Colledge was permitted to have a Solicitor and Counsel which was Mr. West I think a Plotter or Setter in the Rye-Plot as dark as Fitz-Harris's and as like it as two Apples are one to the other But this was
honoured and beloved was set upon by Col. John's elder Brother and routed the 29th of August where the Lord Widdrington Sir Thomas Tiddersly Col. Boynton Sir Francis Gamul Major Troâ—lop Sir William Throgmorton Col. Leg Col. Ratliff and Col. Gerard with some others were taken Prisoners but the Earl tho wounded escaped to the King at Worcester but it was his hard Fortune to be afterwards taken and tried by a Court Martial upon the 6th of October which consisted of 20 Officers and Captains five Colonels Maj. General Milton and Col. Mackworth President at Chester and upon the 22d was beheaded When Cromwel came into England he left Monk to command in Scotland who besieges and takes Sterlin-Castle by Surrender with all the Guns Ammunition and Arms Money Jewels and the Registers transferred from Edinburgh thither and quite defaced the lofty Inscription Nobis haec invicta dedere Centum sex Proavi About this time old General Lesley was raising an Army in Perth-shire Monk sends Morgan and Alured to prevent it who surprized them and take Lesley the Earls of Crawford and Lindsey the Lord Ogilby and many other Prisoners and after take Dunfrise At this time Monk besieges and takes Dundee by Storm with as terrible an Execution as Cromwel the Year before had done at Tredah Here it was and at Sterlin-Castle the Scots had lodged all their Plunder and Money they had got in England which was so plentiful that the English common Souldiers shared Money by Hatfuls The Terror of this Success frighted Aberdeen and all the other Towns in Scotland into Obedience nor did it stay here but all the Isles of Orcades and Shetland submitted which neither Roman nor English Force could ever accomplish Now the Kirk-Party are all in Yelling and Woes Heresy and Schism had overspread the beauteous Discipline of Reformation Now they cannot persecute other Men they exclaim and cry out they are persecuted themselves Their Nobles except Argile which are not killed are committed to Prison that they might share in the Tribulations as well as Triumphs of their Brethren in England But the Tribulations of the Covenanting Party did not end in Imprisonment only but extended to Life for upon the 22d of August Love and Gibbons two most zealous Covenanters were executed by a Judgment of a High Court of Justice as 't was called for holding Intelligence with their Brethren in Scotland so that this High-Justice or Summum Jus reached the Covenanters as well as the Royalists Now the Rump change the Fabrick of the Scotish Government and make Itinerant Judges part Scots part English and make a Council of State of that medly yet allow them 30 Commissioners to sit and vote in their Parliament at Westminster so that tho the Crown of Scotland were independent upon the Crown of England yet Scotland as well as Ireland and England must depend upon the Rump And that the Scots may be the more tamely ridden they are denied Arms and even Horses unless on necessary Occasions The Victory at Worcester swelled the Sails of Cromwel's Ambition brim full so that he began to entertain Thoughts of Setting up himself yet being a ticklish Point wherein he was sure to be opposed by the Factions as well as Royalists upon the 10th of December he called a Meeting of divers Members of the House and some of the Principal Officers of the Army and proposed to them That now the old King being dead and his Son defeated he held it necessary to come to a Settlement of the Nation and that he requested this Meeting that they might consider and advise what was fit to be done and to present it to the Parliament So much easier is it to destroy a Government than to erect another And now Cromwel and his Adherents had overturned the Government of Three Kingdoms they are to advise and consider how to erect another This was the good Fight which these Men fought to destroy and then knew not what to do However we 'll give the Account of these Mens Opinions verbatim as I find it in Whitlock's Memoirs f. 492. a. b. Lenthal My Lord who made him so This Company were very ready to attend your Excellency and the Business you were pleased to propound to us is very necessary to be considered God hath given marvellous Success to our Forces under your Command and if we do not improve these Mercies Blood Rapine and Murder to some Settlement such as may be to God's Honour and the Good of the Common-wealth we shall be very much blame-worthy Harrison I think that which my Lord General hath propounded as to a Settlement both of our Civil and Spiritual Liberties and so that the Mercies which the Lord hath given in to us may not be cast away how this may be done is the great Question Whitlock It is a great Question indeed and not suddenly to be resolved yet it were pity that a Meeting of so many able and worthy Persons as I see here should be fruitless and I would humbly offer in the first Place whether it be not requisite to be understood in what way this Settlement is desired whether by an Absolute Republick or with any Mixture of Monarchy Cromwel My Lord Commissioner Whitlock hath put us upon the right Point and indeed it is my meaning that we should consider whether a Republick or a mixt Monarchical Government will be best settled and if any thing Monarchical then in whom that Power shall be placed Sir Tho. Widdrington I think a mix'd Monarchical Government will be most sutable to the Laws and People of this Nation and if any Monarchical I suppose we shall hold it most just to place that Power in one of the Sons of the late King Fleetwood I think that Question whether an absolute Republick or a mix'd Monarchy be best to be settled in this Nation will not very easily be determined L. C. J. St. John It will be found that the Government of this Nation without something of Monarchical Power will be very difficult to be so settled as not to shake the Foundation of our Laws and the Liberties of the People Lenthal It will breed a strange Confusion to settle a Government of this Nation without something of Monarchy Desborough I beseech you my Lord why may not this as well as other Nations be governed by a Republick Whitlock The Laws of England are so interwoven with the Power and Practice of Monarchy that to settle a Government without something of Monarchy in it would breed so great an Alteration in the Proceedings of our Law that you will scarce find time to rectify nor can we well foresee the Inconveniencies which will arise thereby Whaley I do not understand Matters of Law but it seems to me the best way not to have any thing of Monarchical Power in the Settlement of our Government and if we should resolve upon any whom should we pitch upon The King 's eldest Son hath been in Arms against us and his second