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
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
the Revenues of the Crown and Aids given in Parliament and these being of both Nations Scotch as well as English made them to be the more intolerable All things being at Peace Abroad Publick Affairs were neglected or scarce thought of whilst the Dutch still grew more powerful at Sea and without any Aid from the King were Matches for the King of Spain by Land and Henry the 4th of France was accumulating incredible Treasure at Home and laying the Foundation of vast Designs Abroad whereof the King took no notice his Genius lying another way In these Debates at Home and Lethargy of State of Foreign Affairs the Prerogative-Clergy swelled the High Commission to such an height that it was complained of as a Grievance in Parliament as you may read in Wilson's History of Great Britain â—ol 46. Nay Bancroft this Year notwithstanding the Judges Answer to the Articles exhibited to the King against granting Prohibitions and that the Parliament was still sitting repeated his Exhibitions But however the King inclined to favour Bancroft he had not Courage enough to over-rule the Judges Answer to them it may be for fear the Parliament should interpose or indispose them to grant him more Money whereof already he stood in great need But the Parliament however they gratified the King for their Deliverance from the Popish Conspiracy did not think fit to pour it forth so plentifully now in times of Peace to be profusely thrown upon Favourites and Minions who were no more Friends to them than they to the established Church of England To supply the King's Necessities as he made them one Doctor Cowell no doubt set upon by Bancroft and those called the Church the next Year after published his Interpreter wherein he premises these three Principles First That the King was Solutus a Legibus not bound by his Coronation-Oath Secondly That it was not ex Necessitate that the King should call a Parliament to make Laws but might do it by his Absolute Power Thirdly It was a Favour to admit the Consent of the Subjects in giving Subsidies Cowell's Interpeter approved by the King as the Civil Law was highly extolled by the King See Wilson fol. 46. was not only printed but publickly sold without Impunity and this gave Encouragement to the publishing many others to the same purpose among which one Blackwood published one which concluded that we were all Slaves by reason of the Conquest The Commons tho they took no notice of Bancroft and his Articles against Prohibitions took Fire at these and intended to have proceeded severely against him but the King interposed and promised to call in these Books by Proclamation as he did but they were out and the Proclamation could not call them in but only served to make them more taken notice of But this had not the desired Effect of getting more Money than one Subâ—dy and one Tenth whereupon the King by Proclamation dissolved them the 31st of December 1609 after they had sat near seven Years wherein the King set forth that he had proposed many things far differing and surpassing the Graces and Favours of former times both in Nature and Value 〈◊〉 â—â—pectation of a good Conclusion of some weighty Cause which had been there in Deliberation not only for the Supply of the Necessities of his Majesty's Estate but for the Ease and Freedom of his Subjects but these being the two last Sessions little taken notice of and that the Members by reason of the length of the Parliament were debarred from the Hospitality they kept in the Country and that divers Shires Cities and Boroughs had been burdened with Expence of maintaining their Members for these Reasons he dissolved them so that they should not need to meet at the Day set by their Prorogation CHAP. II. A Continuation of this Reign to the Dissolution of the Second Parliament 1614. BUT how precarious soever the King was to get Money of the Parliament he had not Courage enough to demand the 100000 l. per Annum by the Treaty between Queen Elizabeth and the Dutch States in 1598 whereby Eleven hundred thousand Pounds was due to him much less to demand the principal Debt viz. two Millions and also two Millions and two hundred thousand Pounds due for eleven Years Interest at 10 l. per Cent. Now by the Mediation of several Princes but especially by King James this Year a Truce or Peace for twelve Years was concluded between the King of Spain and the Arch-Dukes Albert and Isabel and the Dutch wherein the Dutch were declared Free States and independent upon the Crown of Spain or Arch-Dukes But tho the King had not Courage enough to demand the Monies due to him from the Dutch by the Treaty with Queen Elizabeth he had so much as to enter into a Treaty with the Dutch for a Tribute to be paid to him for License to fish upon the Coasts of England and Scotland but the Dutch observed this no better than that with the Queen and the King got less by it Long Parliaments beget long Intervals in which Grievances become so multiplied and fixed that they become so much more difficult to be redressed by how much longer the Intervals are And since the King could not get Money of the Parliament and was afraid to demand any of the Dutch let 's see what Courses he took to get Money during the Interval from this Parliament to the meeting of the next which was five Years and how the Case stood with them In the opening of the first Parliament the King tells them that he was so far from encreasing their Burden with Rehoboam as that he had so much as either Time Occasion or Law could permit lightned them and at that time had been careful to revise and consider deeply upon the Laws made against them that some Overture may be proposed in Parliament for clearing those Laws by Reason which is the Soul of the Law in case they have been in times past further or more rigorously executed by Judges than the meaning of the Law was or might tend to the Hurt as well of the innocent as guilty Persons At the Dissolution of the Parliament the King 's principal Favourites were Henry Howard Brother to the Duke of Norfolk whom Queen Elizabeth beheaded tho a Papist yet Lord Privy-Seal Robert Cecil Earl of Salisbury Lord Treasurer Philip Earl of Mountgomery for a certain Reason Thomas Lord Walden Son of the Duke of Norfolk after created Earl of Suffolk and Sir Henry Rich after Earl of Holland English the Earl of Dunbar Sir Alexander Hay and Sir Robert Carr who in a short time shall overtop them all Scotish There was a Story current in those Times which I have heard from some credible Persons which did live in that time That King James having given Sir Robert Carr a Boon of 20000 l. my Lord Treasurer Salisbury that he might make the King sensible of what he had done invited the King to an Entertainment and so
ordered it that before the King should come at it he should pass through a Room wherein he had placed four Tables and upon each Table lay 5000 l. in Silver when the King came into the Passage he started and was amazed at the sight having never before seen such a Sum he asked the Treasurer the meaning of it who told the King It was the Boon he had given Sir Robert Carr Swounds Man the Oath he usually swore but five thousand should serve his turn and so for that time the Treasurer saved the King the other fifteen thousand Pounds To support these Favourites and other of the King's Country-men of less Note was all the King's Care notwithstanding his Foreign Affairs or his Proclamation at his first coming to London against Monopolies or his Speech at the opening of the Parliament But since Money cannot be had by Parliament other means must be found out There were many ways used for raising Monies during this Interval of Parliament First Monopolies which swarmed more than in any King's Reign before Secondly Payments for new invented Knighthoods never before heard of in England in Times of Peace called Baronets the Prince was 1000 l. and the King to quicken the Market promised to make but 200 of them tho when this Market was done he kept it up all his Life-time after Thirdly Tho the Baronets paid for their Honours yet the King issued our Commissions for reviving the old Obsolete Laws for making Men which could expend 40 l. per Annum to compound for not being Knighted Fourthly Payments for being made Knights of Nova Scotia Fifthly The purchasing of English Honours at certain set Prices a Baron at 10000 l. a Viscount at 15000 l. an Earl at 20000 l. Sixthly Payments for Scotish and Irish Honours I do not find set Prices of these Scotish Honours of the same Title to have the Precedence of an Irish as a Scotish Baron Viscount or Earl to have the Precedence of an Irish and tho an English Honour of like Degree had the Precedence of either of the other yet if either of the other had a higher Title he should precede an English Peer under a less as a Scotish or Irish Viscount shall precede an English Baron so such an Earl shall precede an English Viscount Seventhly Compositions upon defective Titles Eighthly Compositions for Assart Lands Ninthly Monies for making Prince Henry Knight Tenthly Monies to marry the Lady Elizabeth to the Palsgrave Eleventhly A Benevolence Twelfthly Monies borrowed upon Privy-Seals and never repaid besides Sales of Lands Woods and Fee-farm Rents c. During this Interval of Parliament was perpetrated a most horrible Murder upon the Person of Sir Thomas Overbury which is the more remarkable if it be considered how far tho the King detested the Fact Favourites had the Ascendant over the King and how the King influenced the Causes of this Murder and that the Story may more intirely consist it will be necessary to borrow a little of common Fame Sir Robert Carr was made Viscount Rochester the 25th of March 1610 and upon the 22d of April following was made one of the King's Privy-Council and having the Ascendant above all other Favourites over the King he chose a Council of some Persons how to advance himself in this great Power Of these Sir Thomas Overbury a Gentleman of brisk and lively Parts was the chief who had as much an Ascendant over the Lord Rochester as he had over the King and as Rochester was a Favourite so was Thomas Earl of Suffolk who had a Daughter named Frances married to Robert Earl of Essex Son of Robert cut off in the last Year of Queen Elizabeth who after was General of the Army raised by the Parliament in the late Civil Wars Tho of disagreeing Humours the Earl and Countess were of agreeable Years when they were married both about the Age of twelve Years and now had lived above ten Years without any Carnal Knowledg of one with the other as both confessed when the Countess sued for a Divorce whereto the Countess was intolerably bent and if publick Fame may be credited and which is attested by a Writer of the first 14 Years of King James his Life chap. 7. she entred into a Conspiracy with one Ann Turner to have poisoned the Earl But how cold soever the Countess was in her Affections to the Earl they were not less on fire to my Lord of Rochester and that these Flames might soar in an equal height the Countess by the help of Mrs. Turner procures one Doctor Foreman as he was called to bewitch Rochester into equal Desires of mutual Love with the Countess and now Familiarity between the Countess and Rochester becomes publickly scandalous However the Earl continued his Love to the Countess but withal acquainted her with the Dishonour she brought upon him and more upon her self by her loose Life which was now become so publickly taken notice of this was so far from reclaiming the Countess that it stung her to the quick and instead of Reformation she by Letters to Mrs. Turner who the Countess says is all her hopes of Good in this World and by her to Dr. Foreman whom she calls sweet Father and subscribes her self his Affectionate Daughter Frances Essex endeavours to procure the Doctor to bewitch the Earl to Frigidity towards her Sir Francis Bacon in his Charge against my Lord Rochester after Earl of Somerset at his Trial for the Murder of Sir Thomas Overbury gives Sir Thomas hard words as That there was little in him that was solid for Religion or Moral Vertue but was wholly possest with Ambition and vain Glory and was loth to have any Partners in my Lord of Rochester's Favour and that to flatter my Lord in his unlawful Love with the Countess of Essex Sir Thomas had made his Brags that he had won Rochester the Love of the Countess by his Letters and Industry But these stoln Pleasures could not satisfy the Countess's Desires and that she might enjoy them to be compleat she endeavours since the Design of poisoning the Earl did not succeed to make way to her Desires of marrying Rochester by suing out a Divorce against the said Earl which she acquaints Rochester with and Rochester and the Countess acquaint the Earl of Northampton who before was privy and consenting to the Familiarity between them and was easily induced to join in procuring a Divorce Tho this was agreed between them yet the Viscount would not proceed further till he had consulted Sir Thomas Overbury protesting he the Viscount would do nothing without his Advice Sir Thomas told him The marrying the Countess would not be only hurtful to his Preferment but helpful to subvert and overthrow him and who would being possest of so great Possibilities as he was so great Honours and large Revenues and daily in expectation of others cast all away upon a Woman noted for her Injury and Immodesty and pull upon himself the Hatred and Contempt
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
them with Men of War to guard their Fisheries and to do it whether he would or not A Prince that by his dissolute Life and prophane Conversation debauched and effeminated the Genius of the English Nation whereby it became more scandalized for Swearing and Drinking than in any Age before A Prince that broke all the Measures by which Hen. 8. and Queen Elizabeth were the Arbitrators of Christendom A Prince fearful of all his Enemies abroad while he was only great by exercising a Tyrannical Arbitrary Power over his Parliaments and Subjects who could only have made him great abroad and honoured at home whereby he became little beloved at home and suffered the Dutch to redeem their Cautionary Towns upon their own Terms and to dispossess the English at Amboyna and their other Factories in the East-Indies and Africa He only stood still looking on while the French upon the Matter supprest the Reformed in France and suffered Ferdinand the 2d to over-run and near subdue the Protestant Princes in Germany as well as his own Son-in-law And tho he were the 6th of that Name King of Scotland from John alias Robert Stuart the Son of Robert Stuart by his Paramour Elizabeth Moor yet if Sir James Melvil says true that Cardinal Bethoun poisoned James the 5th he was the first of that Name who died a natural Death if he did so for James the first was murdered by his Uncle the Earl of Athol his Grand-father's legitimate Son in his Queen's Arms with eight and twenty Wounds the Queen receiving two to defend him This was in the Year 1436. James the II. was killed by the breaking of a Piece of Cannon while he besieged the Castle of Roxburgh the 3d of Aug. 1460. James the III. having his Army routed by an Army headed by his Son James was killed at Bannoch-Burn by the Lord Gray and Robert Sterling of Ker after Sir Andrew Brothick a Priest had shriven him This was in 1488. James the IV. was killed the 9th of December 1514 at Flowdenfield by the English commanded by the Earl of Surrey and his Body never found and if James the 5th was poisoned then none of these Jameses died a natural Death neither did King James his Mother being put to death Ann. 1587 for conspiring the Death of Queen Elizabeth After the Dissolution of the Spanish Match the King as greedily prosecuted the French and tho he lived not to see it settled yet he saw the Army raised under Count Mansfield for the Recovery of the Palatinate ruined by trusting to the French Faith in this very Treaty When he died he not only left an empty Exchequer but a vast Debt upon the Crown yet was engaged in a foreingn War and the Monies given by the Parliament for carrying it on were squandred away in carrying on the French Treaty and the Nation imbroiled in intestine Feuds and Disorders At his Death he left a Son and Heir and one Daughter Before he died he saw his Son over-ruled by his Favourite against his determinate Will and Pleasure and the Prince's own Honour and Interest which was a great Mortification to him and which he often complained of but had not Courage to redress and so strongly was 〈◊〉 Favourite possessed of his Power over his Son in the King's Life that the Prince little regarded his Father's Precepts or the Counsels of any else after his Death whereby he encreased the Internal Feuds Jealousies and Discords of the Nation which ended in a sad Catastrophe both of the Favourite and the King At the King's Death his Daughter with her Husband and her many Children were driven into Exile and Poverty in the Dominion of the Dutch States where they were more relieved by the States the Prince of Orange and some Bishops and Noblemen of England than by either of the Kings Father or Son A DETECTION OF THE Court and State of England During the Reign of King CHARLES I. c. BOOK II. CHAP. I. This Reign detected to the Dissolution of the Parliament Tertio Car. 'T WAS a strange Reign this As this King's Father's Reign was introduced with a horrible Plague so was this King's with a greater and such as no Records of any Times before mention the like The first 15 Years of his Reign were perfectly French and such as never before were seen or heard of in the English Nation this brought on a miserable War in all the three Kingdoms of England Scotland and Ireland and Destruction upon the King whenas it was not in the Power of those which first raised the War against him to save his Life which they would have done Baptista Nani in the sixth Book of the History of Venice An. 1625 f. 221 observes That after the Marriage of King Charles with the Daughter of France the Interest of State or rather the Passion of Favourites converted the Bonds of Affection into Causes of Hatred Europe in those times reckoned it amidst its unhappy Destiny that the Government of it fell upon three young Kings yet in the Flower of their Age Princes of great Power desirous of Glory and in Interest contrary but in this alone by Genius agreeing that they committed the Burden of Affairs to the Will of their Ministers for with equal Independency France was governed by Richlieu Spain by Olivares and Great-Britain by Buckingham confounding Affections with Interest as well publick as private Betwixt the Cardinal and Buckingham open Animosities discovered themselves for Causes so much more unadvised as they were more hard to be known When King James died the Nation was rent into four Parties viz. The Prerogative which exalted the King's divided Will from the Laws and Constitutions above his Royal and Legal Will The Country or Legal Party which stood for the Legal Establishment of Church and State and the Puritan and Popish Parties After the Treaties of Marriage between the Prince and the Daughters of Spain and France the Popish and Prerogative Parties joined for carrying on the Court-Designs and were opposed by the Country and Puritan Parties and as the Prerogative and Popish Factions grew more insolent so the Puritan Party gathered Strength and Reputation among the Vulgar or ordinary People insomuch that in Number they became more than all the other three We shall take a better View of this Reign if we look a little back into the former After the Treaty of the Match with Spain was broken off King James was perplext what to do he had neither Money nor Courage to make War for the Recovery of the Palatinate and the Wounds which he had given the last Parliament by Imprisoning their Members for advising him to make War for the Recovery of the Palatinate were yet fresh and bleeding and yet Buckingham whom he durst not offend not content to satisfy his Spite against Olivares by breaking off the Match was notwithstanding all Difficulties nay Impossibility of Success still pushing on the King to declare War against the King of Spain The King
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
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
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
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
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
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
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
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
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
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
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
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
but so ridiculously cruel as will scarcely be believed for not only those who escaped were excepted but a Company of Girls some of 8 or 9 Years old who had made some Colours and presented them to the Duke of Monmouth while he was at Taunton these were excepted by Name and no Pardon could be purchased for this Treason till the Girls Parents had paid more for it than would have provided a Marriage Portion when they should come of Age. But suppose the King did imitate his good and gracious Brother in his great Clemency and Tenderness to his People and that Justice only looked forward in these Executions yet we will give Instances wherein this King did not imitate his good and gracious Brother in his great Clemency and Tenderness to his People Alderman Cornish tho he had committed two horrible Crimes in the Reign of King Charles one in presuming to examine Fitz-Harris while he was a Prisoner in Newgate before he was hurried from thence to the Tower to prevent his further Examination the other that he testified at Fitz-Harris's Trial that King Charles told Mr. Cornish that the King did countenance Fitz-Harris in his Design and had given him Money yet King Charles was so good and gracious as not to take away Mr. Cornish's Life But the offended Ghosts of Coleman Ireland Harcourt c. were no ways appeased by the Blood which flowed from the Stripes of Oates's Sentence nothing less than a Sacrifice of humane Blood must be offered to them and this to be performed by affixing Sacred Justice to it Upon Tuesday the of October Mr. Cornish having no dread of any Accusation upon him for any Crime but freely following his Profession was clapt up close Prisoner in Newgate without use of Pen Ink or Paper till Saturday Noon when he had notice of an Indictment of High Treason against him on Monday following and could get no Friend to come to him till 8 a clock at Night Next Day Mr. Cornish's Children petitioned the King to have his Trial put off which was referred to the Judges who you may be assured had their Instructions who denied it tho he knew not whether his Trial were for Treason against this or the late King and his most material Witness was above 140 Miles off and was also denied a Copy of the Pannel of his Jury The Charge of High Treason against him was That in the Year 1682 he had promised to be assisting to James late Duke of Monmouth William Russel Esquire and Sir Thomas Armstrong in their Treasons against King Charles II. The only Witness to prove this was Colonel Rumsey who swore That about the latter end of October or beginning of November at Mr. Sheppard's House Ferguson told Mr. Cornish that he had read a Paper to the Duke of Monmouth Lord Russel Lord Grey and Sir Thomas Armstrong which they desired should be read to Mr. Cornish that Mr. Sheppard held the Candle while it was reading and afterward they asked him how he liked it who said he liked it very well He remembred two Points in it very well one was for Liberty of Conscience the other was That all who would assist in that Insurrection who had had Kings Lands or Church Lands should have them restored to them Rumsey did not hear all the Paper but observed only these two Points it was a Declaration on a Rising and when the Rising was to have been it was to have been dispersed abroad there was a Rising intended at that time and Mr. Cornish said He liked the Declaration and what poor Interest he had he would join in it Rumsey had sworn at my Lord Russel's Trial that Mr. Cornish was not at the Reading or the Declaration by Ferguson and being tax'd for it in this said it was out of Compassion to the Prisoner and Mr. Sheppard who was subpoena'd for the King testified Mr. Cornish was not there Richard Goodenough was the other Witness which was about Words foreign to Rumsey's Testimony about seizing the Tower and a Rising in the City which if what Goodenough said had been true yet Mr. Cornish could not have been found Guilty of Treason for tho by the first Act of Parliament after the Convention of King Charles II. Words were made Treason against the King during his Life yet were they to be prosecuted within six Months and the Person to be indicted in three Months after whereas these Words were pretended to be spoken in Easter Term in 1683 which was two Years and a half before Add hereto the Words were imperfectly said by Goodenough and might be applicable to a pretended Riot wherein Mr. Cornish was concerned and that Goodenough was upon ill Terms with Mr. Cornish because he would not trust Goodenough to be his Under-Sheriff You may read the Trial at large with Mr. Hawles his fine and learned Remarks upon it and how rudely Mr. Cornish and his Witnesses were used at his Trial and how notwithstanding his Quality after Conviction he was tied as if he had been a boisterous and dangerous Rogue and that by Order and executed with the utmost Rigour of the Law for this far-fetch'd and ill-proved Treason But these Tories shall soon see they labour for others not for themselves and these whom they now persecute shall have the Ascendant over them And I observed this of Sir Thomas Jones who was Chief Justice of the Common-Pleas and most active in this Trial that he was one of the first if not the first who was turned out of his Place for giving his Opinion the King could not dispense with the Test and Penal Laws The Design thus deep stained in humane Blood first budded in Ireland but whether it was in Affirmance of the King's Promise to his Privy Council and after repeated by him in Parliament that he would make it his Endeavour to preserve the Church and State of England as by Law established let any Man who reads the following Story judg The Book stiled the State of the Protestants in Ireland said to be written by Bishop King fol. 58. says That King James was no sooner settled in his Throne but he began to turn out some Officers who had been most zealous for his Service and had best deserved of him meerly because they had been counted firm to the Protestant Religion and the English Interest such as my Lord Shannon Captain Robert Fitz-Gerald Captain Richard Coote Sir Oliver St. George and put in their places Kerney one of the Russians designed to murder Charles II. Anderson a mean Fellow Sheldon a profest Papist and one Graham and fol. 59. saith the Duke of Ormond was sent for abruptly and divested of the Government and immediately the modelling of the Army was put into the Hands of Colonel Richard Talbot a Man of all others most hated by the Protestants and who had been named by Mr. Oates in his Narrative for this very Employment so that many who believed nothing of the Plot before gave Credit to
and Tests against Dissenters was any ways intended in favour of the Protestants for notwithstanding the Slaughter Jeffries had made of them in the West the rest all over England were imprisoned and forced to give Security for their good Behaviour Nay my Lord D. of Albermarle who had done the K. so signal Service in keeping the Devonshire Men from joining with the D. of Monmouth must be sent out of England to Jamaica and the Earl of Pembroke and others who had been so active in suppressing Monmouth were scarce thanked and but coldly entertained at Court If things were acted with this indeed bare-fac'd dissimulation in England they were not less in Ireland for the King having revoked the Duke of Ormond from his Lieutenancy and given Talbot an independent Commission to make such a reform of the Army there as is aforesaid made my Lord Clarendon Deputy-Lieutenant and Sir Charles Porter Chancellour who arrived there the 10th of January 1685-86 with a Charge to declare that the King would preserve the Acts of Settlement and Explanation inviolable and to assure all his Subjects he would preserve these Acts as the Magna Charta of Ireland but this Declaration compared with Talbot's reforming the Army in Ireland seemed as strange as that the King 's dispensing with the Penal Laws and Tests was in favour of the Protestant Dissenters in England In Scotland the King had so settled Affairs there when he was Commissioner that after the cutting off the Earl of Argyle he did not doubt to carry on his Designs more bare-fac'd there than in England or Ireland and therefore tho he did not call a Parliament till April 1686 yet in his Letter to them of the 12th he takes no Notice of the Protestant Dissenters but recommends to them his innocent Roman Catholick Subjects Who had with their Lives and Fortunes been always assistant to the Crown in the worst of Rebellions and Vsurpations tho they lay under Discouragements hardly to be named These he heartily recommended to their Care to the end that as they have given good Experience of their true Loyalty and peaceable Behaviour so by their Assistance they may have the Protection of his Laws and that Security under his Government which others of his Subjects had not suffering them to lie under Obligations which their Religion cannot admit of by doing whereof they will give a Demonstration of the Duty and Affection they had to him and do him most acceptable Service This Love he expected they would shew to their Brethren as they saw he was an indulgent Father to them all The King having settled his Prerogative in Westminster-Hall by dispensing with the Penal Laws and Tests in the Beginning of the Year 1686 granted a Commission of Ecclesiastical Affairs but it was not opened to act till the 3d of August following why it lay so long dormant I do not find but only guess that the King might the better settle his Dispensing Power in the Country by such Judges as he had made as well as in Westminster-Hall and that he might be more at leisure to carry on the Design for surrender of Charters wherein one Robert Brent a Roman Catholick was a prime Agent and great Care was taken that the beggarly Corporations might surrender their Charters and take new ones without paying Fees and if any should be so honest as to insist upon their Oaths and Trust reposed in them for Preservation of their Charters to be prosecuted as riotous and seditious Persons But in regard the Commission of Ecclesiastical Affairs was not printed that I can find nor is in the State Tracts I thought fit to insert it here as I had it in Manuscript from a learned Hand JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the most Reverend Father in God our Right Trusty and Right well-beloved Counsellor William Lord Arch-Bishop of Canterbury Primate of all England and Metropolitan and to Our Right Trusty and Right well-beloved Counsellor George Lord Jeffries Lord Chancellour of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Lawrence Earl of Rochester Lord High Treasurer of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Robert Earl of Sunderland President of Our Council and Our Principal Secretary of State and to the Right Reverend Father in God and Our Right Trusty and well-beloved Counsellor Nathaniel Lord Bishop of Duresme and to the Right Reverend Father in God Our Right Trusty and well-beloved Thomas Lord Bishop of Rochester and to our Right Trusty and well-beloved Counsellor Sir Edward Herbert Knight Chief Justice of the Pleas before us to be holden assigned Greeting We for divers good weighty and necessary Causes and Considerations Us hereunto especially moving of our meer Motion and certain Knowledg by force and virtue of Our Supream Authority and Prerogative Royal do assign name and authorize by these our Letters Patents under the Great Seal of England you the said Arch Bp of Canterbury Lord Chancellor of England Lord High Treasurer of England Lord President of Our Council Lord Bishop of Duresme Lord Bishop of Rochester and our Chief Justice aforesaid or any three or more of you whereof you the said Lord Chancellor to be one from time to time and at all times during our Pleasure to exercise use occupy and execute under us all manner of Jurisdiction Privileges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdictions within this our Realm of England and Dominion of Wales and to visit reform redress order correct and amend all such Abuses Offences Contempts and Enormities whatsoever which by the Spiritual or Ecclesiastical Laws of this Realm can or may be lawfully reformed ordered redressed corrected restrained or amended to the Pleasure of Almighty God and encrease of Vertue and the Conservation of the Peace and Unity of this Realm And we do hereby give and grant unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one thus by Us named assigned authorized and appointed by force of Our Supream Authority and Prerogative Royal full Power and Authority from time to time and at all times during Our Pleasure under us to exercise use and execute all the Premises according to the Tenour and Effect of these our Letters Patents any Matter or Cause to the contrary in any wise notwithstanding And We do by these Presents give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one by all lawful Ways or Means from time to time hereafter during Our Pleasure to enquire of all Offences Contempts Transgressions and Misdemeanours done and commited contrary to the Ecclesiastical Laws of this Our Realm in any County City Borough or other Place or Places exempt or not exempt within this our Realm of England
been bound Apprentices in them whilst these Free-men by the Prerogative of their Freedom impose what Rates they please upon the poor Artificers and set their own Prizes upon the Nobility Gentry and others who buy of them He that begins any Work labours under manifold more Difficulties and is more subject to Error than another who builds upon his Foundation This is my Case and therefore am more excusable for the Frailties and Errors I may have committed in this Design but upon the Discovery of any I promise to recant it I am sure my Intention is honest herein being for the Good of my Country and those Labours are best which are spent in the Benefit of it FINIS ERRATA PAge 20. line 16. r. as fierce P. 52. l. 16. del this l. 17. r. this House P. 57. l. 16. del the Parentheses P. 100. l. 5. del Comma after not P. 118. l. 28. after drawn add P. 119. l. 41. del the last that P. 132. l. 15. r. Spanish Secretary P. 135. l. 24. r. then went P. 167. l. 30. r. then P. 374. l. 15. del Comma after God P. 378. l. 10. and 379. l. 20. for former r. first P. 398. l. ult after confirmed put Comma P. 530. l. 10. r. they will P. 540. l. 37. r. 20 l. P. 646. l. 1. â— and not to do it and give An Alphabetical TABLE OF THE Principal Matters contain'd in this BOOK A. ABbot Arch-bishop zealous for the Elector Palatine 93. His plain Letter to the King 111 112. Refuses to license Sibthorp's Sermon 197. Is basely dealt with on that account ib. 268. His Character and Death 238. Abhorrers of Petitions for Parliament prosecuted by the Commons 555 556. Act of 35 Eliz. repeal'd by Parliament 557. but not by the King 559. Act of Vniformity 439. Adjutators in the Army 318. Albeville Marquess his Memorial at the Hague 649. Algerines at War with the English and Dutch 452. Alliance with Spain the Commons Votes concerning it 558. Amboyna the Dutch Cruelty there 121. Ancre a French-man his lamentable End 86. Ann K. James's Queen her Character 75. Is averse to Villiers and foretels what he would be ib. 76 124. Her Death 88. Apprentices 663 665 678. Arbitrary Notions see Cowel Archy K. James's Fool 112. Argyle Marquess executed 444. His Character and Story 568 569. Earl his Character c. 568 570 575 578. His Explanation of the Test for which he 's tried and condemned but escapes 578 586. Aristotle's Logick censur'd 22. Arlington Lord rudely treats the Prince of Orange but fails in his Design 508. Arminians severe against their Opponents 242. See Mountague c. Army declares for the King 319. yet draw up a Remonstrance against him march to London and exclude most of the Members 328. Articuli Cleri see Bancroft Ashley Cooper made Lord Chancellor 478. Joins with the Country Party and is turn'd out 492. His Life most unjustly aim'd at 596 598. Is clear'd by the Grand Jury 599. Remarks on his Case ib. Askew Sir George his Success at Sea 353 354. Avaux the French Ambassador discovers his Master's and K. James's Designs 649 650. Audley Palace what it cost 77. Author Story of his Father Brother and Himself in Cromwel's time 392 396. B. BAcon Sir Francis censur'd for Bribery 97. Bancroft ABp for Absolute Power in the King 57 59. Barebone's Parliament 373. Their Thoughts of the Dutch 374 375. Their Articles with them 376. Their Acts resign their Power to Cromwel 377. Barnvelt Head of a Dutch Faction 33 121. Takes Advantage of the ill Posture of K. James's Affairs 80. Loses his Head for opposing the Prince of Orange 121. Batton Sir William joins Prince Charles at Sea 326. Bedlow discovers Godfrey's Murder 534. Bill of Exclusion rejected by the Lords 557. Billeting of Souldiers voted a Grievance 207 217. Bishop of London his Motion to debate the King's Speech 629. Is suspended by the High Commission 639. Bishops in Scotland re-ordained 122 262. In England voted out of Parliament 276. Oppose several good Bills 490 629. Several of 'em both in England and Scotland most profligate Persons 639 640. Seven refuse to read K. James's Declaration are tried and clear'd 644 645. Remarks thereon and on their Prayers for the King 645 647 650. Blake Governour of Taunton 312. Commands at Sea 327 351 353 355. Bohemia History of that Kingdom 89 93 101 102. Chuse Frederick Count Palatine their King 93. Booth Sir George overthrown by Lambert 409. Bridgman Lord Keeper his Speech on K. Charles's Treaties 475. Is turn'd out 478. Bristol see Digby Britain its Situation Bounds c. 12. Justly claims the Soveraignty of the Seas 659 660. See Grotius Buckingham see Villiers C. CAbal in 1671. who they were 478. Their pretended Causes of the Dutch War 479. Another in 1673. 495. Care Henry sentenc'd for writing his Weekly Packet 546. Carr Sir Rob. has an extravagant Boon order'd by K. James 61. Made Viscount Rochester and courted by the Countess of Essex 63. Procures the Ruin of Overbury 64 68 70. Created Earl of Somerset and married in extravagant Splendor 70 71. His Fall 74. His Pardon refus'd to be sign'd 76. His vast Estate 77. which is seiz'd by the King 79. Tried for Overbury's Murder ib. Castlemain sent Ambassador to the Pope 642. Cavaliers slighted by Charles II. 424 426. Cecil Lord Treasurer saves K. James 15000 l. and how 61. Charles I. while Prince his breach of Faith in Spain breaks off his Match 116 117 128. Is proposed to the French King's Daughter 119 125 140. yet her Portion not a tenth of the Infanta's 142. The extravagant Articles of her Marriage 142 143. Berule's Deputation for a Dispensation for it 143 145. First 15 Years of his Reign perfectly French 153. His great Wilfulness and Levity 156 187. Makes War on Spain at Buckingham's Instigation 157. Commands Pennington to deliver up his Ships to the French 162. His Warrant in favour of Papists dispenses with the Laws 165 168. His first Breach with his Parliament 166. His many Mistakes the first five Months 171 172. His ill Success in the War with Spain 172 173. Breaks his Word with the Keeper 179. His peremptory Message to the Commons with their Answer and his threatning Reply 183 184. Reproves his Parliament 184 185. His Reasons for blasting Bristol's Articles against Buckingham 187. The Lords Reasons against his 188 189. His Arbitrary Declarations after dissolving the Parliament in favour of Buckingham descanted on 190 192. Is accountable only to God 190 210 219 236 268. Demands Money of his People out of Parliament 196 228 252. Imprisons the Gentry for refusing to pay and keeps up a Standing Army on free Quarter 199 228 236. His dissembling and threatning Speech at the opening of Parliament with large Remarks upon it 202 206. His Message to the Commons to hasten Supplies 210 211. His Answer to the Petition of Right 213. which he resolves to abide by 214. Passes the Petition 216. His unaccountable
against the Lords Jurisdiction in Appeals from Chancery 502 504. Their Bills to prevent the French Designs c. 503 555. Address the King for a League with the Dutch 505. Their Votes for disbanding the Army 536. for the King's Safety 539. against the Tories c. 552. concerning the Revenue 558 559. Confederates their Success against the French 504. Complain to our King of the French Ravages 513. Exclaim against the separate Peace 529. Convention act hand over head in restoring Charles II. c. 423 424. Sent him 50000 l. 425. Convocation frame an Oath to preserve the Church and grant the King a Benevolence 273 367. Cooke Rob. a Pythagorean his manner of living c. 664. Cornish Alderman his hard Vsage is murder'd 622 624. Corporation-Oath see Oaths Corporations unjust in excluding Foreigners 27 658. Cotton Sir Rob. his Advice to the King 199 200. Covenant see Scots Covenanters rise in Scotland their Proclamations c. 542. Their Actions are routed 543. Coventry Lord-Keeper his Speech on the King's behalf 184. Mr. Henry breaks the Triple-League is made Secretary of State 477 478. Offers to sell his Place 514. Cowel his Interpreter incenses the Commons 59 60. Croke Judg a remarkable Story of him 259. Cromwel Lord his Letter to Buckingham 157. Oliver his Pedigree and Character how he rais'd himself 301 302. Designs against him 303 305. His first Success and Loss 310. Treats with the King his Ambition therein 322 323. Intercepts the King's Letters 323. Storms Drogheda and reduces all Ireland 344. Is declar'd General of all the Forces his Success against the Scots 345 346. and at Worcester 346. Contrives how to set up himself 348 358 361. Summons several great Men about settling the Nation with their Opinions 348 349. Furiously dissolves the Rump with Remarks thereon 362 363. His first Manifesto to the Nation 370. Summons a Council to govern the Nation his Speech to them 372 373. Gets rid of 'em 377 378. Appoints another Council is declar'd Protector his Instrument of Government with Remarks 379 380. Treats with the Dutch his Design against the Pr. of Orange 381 382. His Selfishness c. 383 387. His pretended Parliament and Speech to 'em 385. Is highly disgusted and dissolves 'em 386. Makes an unjust War with Spain with the ill Success of it 387 388. Assists the French against them 389 390 401. His Ways to raise Money 392. Is ill belov'd under great Disquietudes his Misfortune by a Coach 397 402. His third Parliament 398. His House of Lords 399. Is attempted to be kill'd ib. Compar'd with the greatest Tyrants 399 401. His fourth Parliament 401. His ill Success at Ostend 402. His Army of Volunteers and Death 403. His good Deeds 404 405. Rich. declar'd Protector 405. Has 90 Congratulatory Addresses presented him 406. Recogniz'd by his Parliament which he is forc'd to dissolve and thereupon is depos'd 407 408. D. DAnby Earl impeach'd by the Commons 536 538. Dangerfield discovers the Meal-tub-Plot is vilified by the Chief Justice 546. His Trial barbarous Punishment and Death 638. Dean Admiral slain by the Dutch 371. Sir Anth. sent into France to build Ships 497. Delinquents first use of the Word 274. Denbigh Earl sent to relieve Rochel but did not 225. Derby Earl routed and beheaded 347. Deserters hang'd against Law 643. Dewit John his Character and Actions 484 485. He and his Brother assassinated by the Mob 487. Digby Earl of Bristol his noble Character and severe Charges against Buckingham 109 110 118 137 187. His Ruin design'd by the Prince and Buckingham his Defence of himself is recall'd from Spain 119 138 139. Refuses the K. of Spain's generous Offers 120. His Reasons for his Proceedings in Spain 128 129. Is confin'd and petitions the King 139 175 185. Petitions the Lords for his Writ whereon 't is sent him 186. Is accus'd by the King c. ib. Is committed to the Tower 192 193. Follow'd Charles I. in all his Adversity 193. Discords in Religion often arise from Kings 17. Dispensing Power see James II. Dissenters a Bill for their Ease past the Commons but fiting out by the Lords 490. Fierce Laws against them in Scotland ib. Severâ—ly persecuted by the King and Tories 587. Too forward to address K. James 642 647. Dover Treaty 474. Dumbar Fight 345. Dunkirk sold to the French 429. Dutch declar'd Free States 26 61 339. Much in our Debt 32 33 54. Pay Tribute for fishing 32 61. Get their vast Debt remitted and their Cautionary Towns 80 81. What they detain'd from the English 115 121 249 250 338. Dispute the Sovereignty of the Seas with the English 244 c. Refuse a Coalition with England 350 374. Their Engagements at Sea with the Rump 351 354 356 371 372. Their pretended Excuses c. therein 351 352 358 372. Animate Cromwel against the Rump 361 371. Are in great Confusion 374. Their advantageous Theaty with Cromwel 383. Court Charles II. to a League 426. An Account of their former Encroachments c. 450 452. Their double-dealing 452. Their Engagements at Sea with Charles II. 457 461. Enter the River and burn our Ships 468. Get a beneficial Peace with K. Charles 469. yet their Smirna Fleet set upon send Deputies to the English and French Kings 478 479. whose Fleets they rout 481. Recapitulation of their History 482 483. Make a separate Peace with France 523 527. Complain to the English Court of the French 524. Assist the Pr. of Orange in saving these Nations 649. Their Answer to Albeville's Memorial 650. E. EAst-India Company incorporated by Cromwel 338. Edghill Battel there doubtful 296. Education of Youth 23 240 448 665. Egerton Lord Chanc. refuses to sign Somerset's Pardon 76. Eikon Basilike disown'd by Charles II. 425. Elector Palatine see Frederick Elizabeth Queen forbid French and Dutch building Ships 30. Granted the Dutch Licence to fish 32. Her sharp Answer to them 33. Allow'd K. James in Scotland a Pension 34. Elliot Sir John against the Court 189 213 231. Information against him in Star-Chamber 234 235. Essex Earl the Parliament's General 296 297 303. His ill Success 307. Lays down his Commission 310. Essex Earl murder'd in the Tower 601 602. Exchequer shut up by the King and his Cabal 478. F. FAirfax Sir Tho. for the Parliament 298 300 306. Is made General 310. Lord favours Monk 412 414 416. Falkland Lord slain his Character 299. Felton stabs Buckingham 225. Is threatned with the Rack 227. Finch Sir Joh. refuses to put any Question concerning Grievances with Remarks thereon 229 230 232. Is made Chief Justice and complies with the King 's illegal Actions 253. Made Lord-Keeper 266. Sir Heneage made Lord Chancellor c. 492 493. His Veracity Speeches 493 501. Fines excessive granted the Duke of York 602. Fire of London with Notes upon it 461 462. Fishing Trade and fishing on our Coasts 32 61 83 87 243 364 376 390 391 450 653 654 675 676 679. Increases Navigation 390 676. Fitton an infamous
the King a great Revenue and pass the humble Tender 454. Scroggs Chief Justice illegally discharges the Grand Inquest 547. Is impeach'd of High-Treason 556. Sea its Dominion maintain'd by Navigation 660. Sea-men refuse to fight against Rochel 159 162. Are increas'd by the Fishing Trade 390 654. Secluded Members restor'd summon a Free Parliament 419 421. Selden Mr. for the Petition of Right 209. His Speech concerning Grievances 216. Self-denying Ordinance 309 310. Seymour Mr. invades the Commons Privilege 507. Is impeach'd by 'em 555. Shaftsbury see Ashley Cooper Sham-plots of the Court for which good Men are murder'd 601 602. Sharp ABp of St. Andrews murder'd 541 542. Sheriffs instrumental to save honest Mens Lives 590 600. Illegally chosen in London 600 611. Siâ—thorp for the King 's absolute Will 197. Slingsby Sir Henry beheaded 403. Sobiez his Success at Sea on behalf of the Reformed 146. Somerset see Carr. Southampton Lord Treasurer his Death and Character 470. Spain how bounded 1 Jac. I. 11 25. It s Barrenness in People and its Causes 25. Never recover'd its great Loss in 1588 c. 28. It s low State 428 471 472 652. Spaniards their Success against France 389. Spanish Trade tho beneficial forbid by Charles I. 174. Standing Army a Grievance 539. Kept up by K. James 642 643. States of England Three not King Lords and Commons 8. but Nobles Commonalty and Clergy 57. Strasburgh treacherously seiz'd by the French 604. Succession to the Crown in England 38 47 550. Surinam taken by the Dutch 467. but regain'd 468. Surrey-Men rise for the King but are routed 326 327. Sweeds join with the French at War against Brandenburg 499 511. T. TAlbot his Barbarity and Falshood in Ireland 624 625. Is made Lord Lieutenant 641. Tangier the Commons Votes concerning it 539 557. Temple Sir William employ'd in the Treaty at Nimeguen 472 478. in the Peace with the Dutch 495. His Conference with the King 498. Treats of a Peace with the French and Confederates 499. Is highly complimented by the French 509 510. His Thoughts of the Protestation against a separate Peace 512. Is admitted to the Debates with the King concerning the Peace 516 517. His going to France prevented 518. Test in England reflected on 501. In Scotl. with Remarks 570 575. Tiddiman Sir Tho. his Neglect at Bergen 457. Tories charge the Whigs with a Design to kill the King 532. Promote the Popish Designs 544 586. Their Impudence 562. Tour De la Count his Heroick Speech to the Bohemians 91 92. Trade in Market-Towns 27. To Spain gainful 165 387 389 463. to France prejudicial 166 389 463 672. In Wool how we lost it 338 339 662. To Greenland Newfoundland Norway c. 653 656. To America Newcastle 661. To Ireland 656 666. In Timber 669. In Companies and to East-India c. 670. Ought to be free 663 670 674 679. Traquair Lord Treasurer in Scotland 264 266. Prorogues the Parliament there which is protested against 267. Treason made a Stalking Horse 322. Treaty at Munster 339 340. Treaties Account of all between the K. and Parliament 328 332. Treâ—or Secretary his Queries concerning Buckingh c. 489. Triple League 472. Trump Van Admiral for the Dutch see Dutch Tunnage and Poundage see Charles I. and Commons V. VAne Sir Henry opposes the Scots Covenant 299. Promotes Lambert's Interest 409. Villiers his Descent comes into favour 73. Advanc'd by Somerset's Fall 74. His affable Carriage at first 76. Is promoted 77 86 111. Marries the greatest Fortune in England 88. His great Titles 111. Disswades the Prince from his Match with the Infanta 113. Sets up to be popular 115 118 125. His base Dissimulation in Spain 116 117 158. Charg'd with being a Papist and endeavouring to seduce the Prince 118. His Narrative of Proceedings in Spain with Remarks 127 129. Loses the King's Favour by means of the Spanish Ambassador 132 133. Restor'd to it again by the Keeper's fine Contrivance 133 134. Eager for a War with Spain 155. His base dealing with the Rochellers and the Merchants whose Ships he hired 159 163. His Behaviour at Paris 157 163. Is impeach'd by the Commons 189 190. Procures a War with France 193 196 198. His false Steps therein 198. Is routed 198 199. Is stabb'd 225. Vsurer a Story of one 555. Utrecht surrendred to the French 487. W. WAgstaff Sir Jos seizes the Judges at Salisbury 386 Wales its pretended Prince 647. Waller Sir William for the Parliament 298 306. See Fitz-harris Walloons persecuted by Laud 254 255. Settle in Holland 255. Come again into England and encourag'd by Char. II. 472 473 607. Walter Sir Joh. dissents from the Judges and is discharged 236. War with Holland projected by the French 450 473 478 484. War and Peace-making claim'd by the King 506. Warwick Earl Admiral for the Parliament 295. Wenthworth Sir Tho. a true Patriot 209 212. but made President of the North to his Ruin 243. and Lieutenant of Ireland 254 260. Weston Sir Rich. made Lord Treasurer tho a Papist 226. Whigs and Tories 531 532. Compar'd with the Prerogative-men and Puritans in Laud's time 560 561. Whitlock Serjeant his Thoughts of Cromwel c. 304 305 348 349 359 361. Advises to bring in the King 415. Wilkinson Capt. his Story his noble Constancy 596 598. Williams Lord-Keeper his Thoughts of the Spanish Match 113. His Ruin intended by Laud c. 124 179 253. Stops the King's Prohibition to the Judges and Bishops 126. His curious Contrivance on Buckingham's behalf 133 c. Is commended by the King for it 135. Ill requited by Buckingham 136 155. His Reasons against a War with Spain 155. His Advices to the King 168 170 302. to Buckingham 169. His Character 176 177. His Requests to the King c. 177 178. Is fin'd and imprisoned by Laud 239. Willis Sir Cromwel's Spy 393 402. Windebank Sir Fr. seizes Sir Coke's Papers favours Popery 253. Woollen Manufactures the Inconveniences they labour under 666. Worcester Fight 346. Workhouses 665 677. FINIS BOOKS sold by Andrew Bell at the Cross-keys and Bible in Cornhil THE General History of England as well Ecclesiastical as Civil from the earliest Accounts of Time to the Reign of his present Majesty King William Taken from the most Antient Records Manuscripts and Historians Containing the Lives of the Kings and Memorials of the most Eminent Persons both in Church and State With the Foundations of the Noted Monasteries and both the Universities Vol. I. By James Tyrrel Esq Fol. A New History of Ecclesiastical Writers Containing an Account of the Authors of the several Books of the Old and New Testament and the Lives and Writings of the Primitive Fathers An Abridgment and Catalogue of all their Works c. To which is added A Compendious History of the Councils c. Written in French by Lewis Ellies du Pin Doctor of the Sorbon In seven Volumes Fol. An Essay concerning the Power of the Magistrate in Matters of Religion wherein all the Arguments for Persecution and against Toleration are examin'd and refuted With the most proper Method of destroying all Schisms Heresies c. A Detection of the Court and State of England during the four last Reigns and the Interregnum Consisting of Private Memoirs c. with Observations and Reflections And an Appendix discovering the present State of the Nation Wherein are many Secrets never before made publick as also a more impartial Account of the Civil Wars in England than has yet been given By Rog. Coke Esq The third Edition much corrected with an Alphabetical Table Scotland's Soveraignty asserted Being a Dispute concerning Homage against those who maintain that Scotland is a Fee Liege of England and that the K. of Scots owes Homage to the K. of England By Sir Tho. Craig Translated from the Latin Manuscript with a Preface containing a Confutation of that Homage said to be performed by Malcom III. to Edward the Confessor and published by Mr. Rymer By Geo. Ridpath Ridpath his Shorthand yet shorter or the Art of Short-writing advanc'd in a more swift easy regular and natural Method than hitherto The second Edition A Discourse on the late Funds of the Million Act Lottery-Act and Bank of England Shewing that they are injurious to the Nobility and Gentry and ruinous to the Trade of the Kingdom By J. Briscoe The third Edition Mr. John Asgil his Plagiarism detected c. Emblems by Fra. Quarles with the Hieroglyphicks All the Cuts being newly illustrated The History of Genesis illustrated with 40 Copper Plates Advice to the Young or the Reasonableness and Advantages of an Early Conversion In three Sermons on Eccles 12. 1. By Joseph Stennett The Groans of a Saint under the Burden of a Mortal Body A Sermon at the Funeral of Mr. John Belcher late Minister of the Gospel from 2 Cor. 5. 4. By the same Author Several Practical Pieces of Mr. Daniel Burgess viz. Rules for hearing the Word of God The Sure Way to Wealth The most difficult Duty made easy Foolish Talking and Jesting describ'd and condemn'd The Christian Decalogue or the Gospel's ten Commandments The Church's Triumph over Death a Funeral Sermon on Mr. Robert Fleming A Funeral Sermon from Job 14. 14. on Mrs. Sarah Bull. Holy Union and Holy Contention describ'd and press'd In single Tracts or bound up together Fleming's Fulfilling of the Scripture Rutherford's Letters An Exposition with Practical Observations on the Book of Ecclesiastes By Alexander Nisbet A Directory of Prayer being a Commentary on the 20th Psalm By R. Campbel Chamberlen's Midwifery the third Edition Artamenes or the Grandâ—Cyrus In 10 Vol. A Birchen Rod for Dr. Birch being an Answer to his Sermon before the Commons Jan. 30. A Defence of the Arch-bishop's Sermon on the Death of the Late Queen and of the Sermons of the late ABp Bp of Lichfield and Coventry Bp of Ely Bp of Salisbury Dr. Sherlock c. on that and other Solemn Occasions against the Aspersions of two Jacobite Pamphlets A Tragedy called the Popish Plot reviv'd Wherein are several Letters c. of Dr. Oates to the Late Kings and other Great Men. The Rye-house Travestie The History of the Late Jacobite Plot in a Letter to the Bp of Rochester by T. Percival * Aesar in the Tuscan Tongue is a God See Suet. c. 97. in the Life of Augustus
to Trial and perhaps to Reproof and that I might render a Testimony of Authority to Posterity to write the Story of the present Age to the Age it self And I am not only induced hereto by the Authority of so noble an Historian but by the Reason of History For many Accidents and Circumstances which are no part of the Records of Time and which soon die and are forgotten are so interwoven in History as to make it entire and of one piece and which not only enliven it and create pleasure in reading of it but without them History becomes disjointed and is made up of broken pieces And I can in part say with the noble Nani and in his own words That to compose Histories is sacred and not to be undertaken but with an upright Mind and undefiled Hands and for that Cause the Memory of them was consigned to the Temple under the faithful Custody of the Chief Priests as the Witness or Trust of those that went before and the Treasure of those that should come after not to be handled but as a Religious Thing and with great Caution In sum the Historian taking to himself an absolute Dictatorship nay an Authority more than Human over Times Persons and Actions governs Fame measures Deserts penetrates Intentions discloses Secrets is with an undistinguished Arbitriment over Kings and People the Judg of Ages past and Master of those to come Absolves or Punishes Deceives or Instructs Whence not without Reason the Pen of Writers may be compared to the Lightning which striking out but one Letter from the Name Caesar Augustus made him a God because Praise is a thing so tender that one Dash makes Illustrious and a little Blot Infamous and the Censure of the World thereupon is so severe that it either consecrates to Eternity or proscribes to Infamy For my self I know not what else to wish but that every one would take upon him to read this Work with the same disinterested and innocent Mind with which I have wrote it confining my Confidence in this one thing that the present Age will not be so unjust to me nor so ungrateful to Posterity as to deny me the Opinion of Sincerity It was Nani's Felicity to write the Stories of the Times when the Prudence of the Venetian Senate not only preserved their State from the Tumults of War wherein Christendom was engaged but in a great measure was Arbitrator of it So that the Wars which Nani writes of were like Thunder afar off yet herein Nani expatiates his Story in a short time scarce 30 Years into a large Volume whereas without looking after any thing abroad but what relates to my Story I am contracted to the unhappy Story of my Native Country to shew from what Causes such a Train of Consequences have followed that England which before was the Ballance which turned the Scale of the Affairs of Christendom to that side it inclined not only fell from this envied Height and became the most despisable of all other States but sunk into the most miserable State of Abject and Pity I am the rather induced to write the Story of these Times because the Hackney-Writers of them at least those I have seen have not only taken things in the midst without assigning the Causes but being interested Parties their Writings have been either fulsom Flatteries or Invectives against one another tending to the fixing of the Distempers of the Parties without regard to the Publick or assigning the Cause of the Distempers But herein I except the Collections of Mr. John Rushworth who tho interested in the Factions of the late Times hath so faithfully delivered them over to Posterity and I could have wished tho I know not from whence he had it that he had not mentioned in that part of King James his Speech to the Parliament 18 Jac. that the Parliament is made up of the three States the King the Lords and Commons and this is the main part of his Collections which Franklin and Nalson so carp at yet both these differ not only from one the other in reciting it but from the Record of Parliament for I have perused them with it according to the Copy which Mr. Petit has taken For my part I can truly say that as I never complied with any of the Factions in the late or present Times so my Ancestors stood firm to the Laws and Liberties of the Nation and were Sufferers both before and in the late Troubles and Civil Wars and in these Circumstances I am less disposed to favour or fâ—atter any Party than another who is interested in any one of them I expect it will be objected against me that in writing this History I have sometimes been transported into an Heat unbecoming an Historian I answer that it may happen a Man may be angry and not sin especially when the Offence relates to the Dishonour of God the King or the publick Destruction or Distraction of the Country where Men are protected in their Lives Liberties and Fortunes but if I have erred herein I shall but be in the number of Lactantius who wrote the Relation of the Death of the persecuting Emperors of the Christians and of Suetonius and Tacitus It was the unhappy Fate of Europe that the Miseries and Calamities which succeeded the Divided Will of the four Kings of the Scotish Race from the Laws and Constitutions of this Nation were not terminated within the Limits of the Kingdoms of England Scotland and Ireland but were the occasion of the first Rise and growing Grandure of France through the boundless Ambition of Cardinal Richlieu and the present French King both by Sea and Land as well to the Terror of Christendom as of these Nations and this Story will in some measure trace the Steps of them This Treatise I suppose will displease two sorts of Men whom I will never take care to please One who exalt the Divided Will of the Prince above his Royal Capacity in governing by the Constitutions and Laws of the Kingdom The other those which are impatient under Regal Government and the Constitutions of this Kingdom I have been more particular herein because notwithstanding the Calamities which this Divided Will of the King had brought upon the Nation in the late Civil Wars and after yet after the Restoration of King Charles the 2d the Nation was more fiercely rent into Divisions under the Names of Whig and Tory than it was before the Wars and these last having the Dominion of the Press and Favour of the Court made it their business to irritate and provoke all others not of their Faction and if any opposed them by Writing when they could not answer to persecute them for printing without a Licence tho not unlawful in it self yet unlawfully printed ADVERTISEMENTS THE General History of England as well Ecclesiastical as Civil from the earliest Accounts of Time to the Reign of his present Majesty King William Taken from the most Antient Records
accordingly The Parliament met on Monday March the 19th and a Debate hapning in the House of Commons about the Return of the Election of Sir Francis Goodwin and Sir John Fortescue for Knight of the Shire for the County of Bucks the Commons Friday the 23d upon a full hearing determined Sir Francis to be lawfully elected and returned An. Reg. 2. An. Dom. 1604. Tuesday March the 26th The Lords by Sir Edward Coke and Dr. Hone sent a Message to the Commons that the former Committees may in a second Conference to be had have Authority to treat touching the Case of Sir Francis Goodwin the Knight of Bucks first of all before any other Matters were proceeded in The Commons returned Answer that they do conceive that it did not stand with the Honour of this House to give an Account of their Proceedings and Doings but if their Lordships have any Purpose to confer for the Reâ—due that then they will be ready at such time and place and such number as their Lordships shall think meet Sir Edward Coke c. delivered from the Lords that their Lordships taking notice in particular of the Return of the Sheriff of Bucks and acquainting his Majesty with it his Highness conceived himself engaged and touched in Honour that there might this be some Conference of it between the two Houses and to that end signified his Pleasure unto them and by them to House The Commons by their Speaker give their Reasons to the King why they cannot confer with the Lords The King in return charges the Commons to admit a Conference with the Judges the Commons give Reason and answer Objections why they cannot confer with the Judges and the 3d of April deliver them at the Council-Chamber by Sir Francis Bacon desiring that their Lordships would be Mediators in behalf of the House for his Majesty's satisfaction the King in return commanded as an Absolute King that there might be a Conference between the House and Judges The House upon return hereof resolved to confer with the King in presence of the King and Council and named a select Committee for the Conference but the Success being doubtful Sir Francis Goodwin fearing this might cause a Rupture between the King and the House and to remove all Impediments to the worthy and weighty Causes which might by this time have been in a good furtherance desired another Writ of Election for a Member in his stead Hereupon and other Accidents succeeding wherein the Commons supposing themselves aggrieved the Commons upon the 16th of June in an humble Apology to his Majesty represent their Privileges and wherein they conceive themselves aggrieved The Stubborness of the Commons for so the King would have it so dissonant from the Flatteries he had constantly sounding in his Ears and of being an Absolute King by Inherent Birth-right put the King so out of Conceit with Parliaments that in all his Life till the last Parliament of his Reign when necessity brought him to it he was never reconciled to them But that we may more clearly see what followed we will look back into the Reign of Queen Elizabeth There were three things which the Queen was impatient of being debated in Parliament the Succession of the Crown after her Death her Marriage and the making any Alterations in the Church as it was established in the first Year of her Reign But the Commons having a fearful Eye of a Relapse into Popery after the Nation had been freed from it and the Queen of Scots being zealously addicted to the Romish Religion and having not only assumed the Arms of England as next Heir to Queen Elizabeth but upon her Return from France into Scotland by many Embassies solicited Queen Elizabeth that she might be declared her Successor in case Queen Elizabeth died without Heirs of her Body To prevent this the Commons in manifold Addresses to the Queen petitioned her to marry and declare her Successor and after the Duke of Norfolk's Conspiracy and the Rebellion in the North under the Earls of Northumberland and Westmoreland wherein it appeared the Queen of Scots was privy and consenting in all the Parliaments I think from the 9th of Elizabeth to the Queen of Scotland's Death the Commons were importunate with the Queen to cut her off which you may read at large in the Journals of the Parliaments of Queen Elizabeth set forth by Sir Simon D' Ewes The Queen fixed in these Resolutions did often forbid the Parliament upon their Allegiance to enter into Debates upon them yet some zealous Members the principal of which was one Mr. Peter Wentworth as well in the case of the Queen of Scots as for some Reformation in the Church did several times endeavour to have them debated upon which the Queen committed them to the Tower tho soon after they were discharged This the Commons in their Apology to the King take notice of and pray that this be no Precedent for the future but that their Debates in Parliament may be free but they shall find that this King 's little Finger and his Son 's after him shall be heavier upon them than Queen Elizabeth's Loins However this Apology of the Commons tended to a Rupture between the King and them within yet the King was resolved to have Peace without the Kingdom how inconsistible soever the Terms were and to that end upon the 18th of August following being the second Year of his Reign he concluded a firm Peace with Philip the 3d of Spain and Albert and Isabel Arch-Dukes of Austria c. and also a Treaty of Commerce which as it was the most beneficial to the English Nation so it was difficult if not impossible to observe the Peace the King as he had managed it made the Treaty of Commerce to be but little beneficial to the Nation For the Year before the King had renewed the Treaty of Alliance which Queen Elizabeth had made with the Dutch States where tho the King was not obliged to maintain such a number of Men for the Dutch Support against the Spaniards to be repaid at the end of the War whereby the Treaty with the Queen Anno 1598. the Dutch were not only to pay but to repay the Queen yearly 100000 l. till a Peace was made with Spain when they were to pay her two Millions of Money with the Interest of 10 per Cent. deducting the 100000 l. per Annum they were to pay yet by the fourth Article of the said Treaty it was agreed That neither the Kings of England nor Spain shall themselves give or shall consent to be given by any of their Vassals Subjects or Inhabitants Aid Favour or Counsel directly or indirectly on Sea Land or fresh Waters nor shall supply or minister or consent to be supplied or ministred by their said Vassals Inhabitants or Subjects unto the Enemies or Rebels of either Part of what Nature or Condition soever they be whether they shall invade the Countries and Dominions of either of them
the Occasion Somerset gave of Villiers's Rise and of his own Fall Somerset was of mean and scarce known Parents and as he was endued with no natural Parts so neither had he acquired any being brought up and bred a Page at Court hereby he became as little capable of demeaning himself in Prosperity as Adversity After Sir Overbury's Confinement he gave himself up wholly to be govern'd by Northampton and soon after his Marriage he fell into an universal Solitariness and Sadness so that it was much taken notice of which Northampton observing and judging not unlikely that the Cares of Somerset did arise from his Fears of the Discovery of Overbury's Death wherein they were both deeply ingaged which if it should come to pass they had no other means to secure themselves but by making themselves so great as to oppose all who should charge them with it or else by being Catholicks they might draw all that Party to assist them and in these they both agreed and to make Matters more perplext Northampton by one Hamon did encourage the Irish to continue firm in their Religion assuring them that God would one way or other protect his Church and that now the greatest Favourite in England would stand firm to them and also give Incouragement to the Papists in the North to meet openly at Mass and foment the Feuds between the English and Scots the English murmuring at the King's Favours more to the Scots than them If I have erred herein the Writer of the historical Narration of the first fourteen Years of King James's Reign cap. 30. led me into it This sullen Humour of Somerset's little suted with the King 's liking being before better pleased with Somerset's Gaiety in humouring him in all his Pleasures After Northampton's Death he was left alone to himself and all Northampton's Designs died with him and then Somerset having forsaken all Men and being forsaken by them appeared in his own Nature without any Disguise wretchedly penurious and intolerably covetous There was no coming at the King's Ear but by him nor any coming at him but by excessive Bribes and as the King began to loath him so all Men detested and hated him So it was every Bodies business to out Somerset and bring young Villiers into the King's Favour All the Court took notice of the King's Affection to young Villiers and the Queen observed it and Villiers not to be wanting to himself daily appeared at Court There was but one Obstacle to be removed and the Way was plain and easy for Villiers to be the King's Favourite the King would receive none into Favour but who was first recommended to him by the Queen and the Queen had observed something in young Villiers which she utterly disliked and how to get the Queen to recommend young Villiers to the King was the only business to be done The Queen a Princess of rare Piety Prudence Temperance and Chastity had a great Veneration for the Arch-Bishop of Canterbury Abbot and the Arch-Bishop as much an Aversion to Somerset not only for his Marriage with the Countess of Essex but for his other detestable Qualities so that the Arch-Bishop was the only Instrument which was judged could move the Queen to recommend young Villiers to the King It was no great difficulty to persuade the Arch-Bishop to undertake this Business being of himself disposed to it but when he propounded it to the Queen she was utterly averse from it having before been stung with Favourites but by her Observation of Villiers she told the Arch-Bishop she saw that in that young Villiers that if he became a Favourite he would become more intolerable than any that were before him Hereupon the Arch-Bishop declined the Business but Somerset declining daily from bad to worse the Arch-Bishop was again prevailed upon to move the Queen to recommend young Villiers to the King which he did with more Importunity than before urging Somerset's intolerable Pride and Covetousness and that he observed a good Nature and gentle Disposition in Villiers so that some Good might be hoped from him which could never be expected from the other at last the Queen assented to it but withal told the Arch-Bishop he among the rest would live to repent it After Villiers was recommended by the Queen it became out of her Power and the Power of the Kingdom to get him out of the King's Favour or his Son 's after him and the Arch-Bishop himself shall find the Queen to have been a true Prophetess however at first Villiers acknowledg'd his Favour with the King to have its Original from the Arch-Bishop called him Father and protested to be governed by him before all other Men and the Arch-Bishop gave him some Lessons to observe towards the King and Queen which Villiers repeated to him and promised to observe which you may read at large in the first part of Mr. Rushworth's Collections in the second Year of King Charles the First written by the Arch-Bishop In the beginning of Mr. Villiers's coming into Favour he was affable and courteous and seemed to court all Men as they courted him he promoted Mens Suits to the King gratis which Somerset would not do but for great Sums of Money and hereby Villiers stole all the Hearts of the Courtiers and Petitioners to the King from Somerset who was now wholly forsaken by God and all Men. Somerset thus forsaken of all Men and stung in Conscience for the Death of Overbury and finding a Rival in the King's Favour seeks by that small Portion which he had left to procure a general Pardon from the King to secure him in his Life and Estate which was far the greatest of any Subject in the King's Dominions and to that purpose applies himself to Sir Robert Cotton to draw one as large and general as could be which Sir Robert did wherein the King should declare That of his own Motion and special Favour he did pardon all and all manner of Treasons Misprisions of Treasons Murders Felonies and Outrages whatsoever by the Earl of Somerset had been committed or hereafter should be committed and this Pardon the King signed But Somerset grasping at too much lost all for my Lord Chancellor Egerton refused to seal the Pardon Somerset asked him the Reason which the Chancellor told him was because if he did it he should incur a Praemunire and this the Chancellor told the King who was not displeased with it So that now all Hopes of Pardon for Sir Overbury's Murder failing he had recourse to other Artifices of suppressing all Letters which passed between him the Countess and Northampton either to Sir Thomas the Lieutenant or any of the Prisoners and to make away Franklin the Apothecary who was fled into France and had given Sir Thomas the Glister which dispatcht him but that which Somerset design'd for his preservation 't was thought proved his Overthrow but this was the Product of next Year 1615 being the 13th of the King Tho Villiers
had the Ascendant of the King's Favour far transcending all other Favourites yet the King's Necessities were never so great and the Exchequer so poor and the King so much in debt so as he had so much less means to gratify his new Favourite as his Affections to him were more and here it will not be amiss to take some part of a View of the King's Prodigality or if you please Bounty to some of his former Favourites the Earl of Somerset had amassed if my Author of the Historical Narration of the first 14 Years of King James cap. 34. says true in Money Plate and Jewels two Hundred Thousand Pounds besides 19000 l. per Ann. The Earl of Salisbury but a younger Son of Treasurer Burleigh leâ—t an Estate besides the noble House and Seat of Hatfield equal nay superior to most of the other Nobility the Earl of Northampton a younger Brother of the Duke of Norfolk and born to little or no Estate built that noble Structure in the Strand now called Northumberland House and being unmarried left a very great Estate to the Earl of Arundel and others of his House the Earl of Suffolk youngest Son of the Duke of Norfolk who had no Estate but what he derived from the Crown besides his other Estates built Audley-Inn Palace the noblest Structure ever built by any Subject in England except Hampton-Court by Cardinal Woolsey which by reasonable Estimates cost above 190000 l. besides the Largesses given to the Duke of Lenox Sir Alexander Hays and other Scotish Favourites Sir Henry Rich and other English Favourites These had only themselves to take care for but this new Favourite had a Mother two Brothers and a Sister to pully up into Honours and Estates tho their Parts could not entitle them to any other than Court-Preferment but besides these I do not find he regarded any other of his Father's Family no more than they did him However until the Discovery of Overbury's Murder he contained himself within the Bounds of Modesty as well as Courtship Somerset till then being a kind of Check upon him However the King in his Poverty of Affairs gave him 1000 l. and upon the 23d of April made him one of the Gentlemen of his Bed-Chamber and next Day knighted him Sir Overbury's Murder had been about twenty Montâ— concealed when about the middle of August it was brought 〈◊〉 light but the Manner how was variously rumoured Some taâ—â—ed that Sir Thomas his Servant gave notice of it to Sir Edwarâ— Coke others that my Lord of Canterbury had got knowledge of it and made it known to Sir Ralph Winwood one of the Secretaries of State and that by searching in a certain Place he should find a Trunk wherein were Papers which would disclose the whole Business which Sir Ralph did and found it so The King at this time was gone to hunt at Royston and Somerset with him and when the King had been there about a Week next day he designed to proceed to New-Market and Somerset to return to London when Sir Ralph came to Royston and acquainted the King with what he had discovered about Sir Overbury's Murder the King was so surprised herewith that he posted away a Messenger to Sir Edward Coke to apprehend the Earl I speak this with Confidence because I had it from one of Sir Edward's Sons Sir Edward lay then at the Temple and measured out his time at regular Hours two whereof were to go to Bed at Nine a Clock and in the Morning to rise at Three At this time Sir Edward ' s Son and some others were in Sir Edward ' s Lodging but not in Bed when the Messenger about one in the Morning knockt at the Door where the Son met him and knew him Says he I come from the King and must immediately speak with your Father If you come from ten Kings he answered you shall not for I know my Father's Disposition to be such that if he be disturbed in his Sleep he will not be fit for any Business but if you will do as we do you shall be welcome and about two Hours hence my Father will rise and you then may do as you please to which he assented At three Sir Edward rung a little Bell to give notice to his Servant to come to him and then the Messenger went to him and gave him the King's Letter and Sir Edward immediately made a Warrant to apprehend Somerset and sent to the King that he would wait upon him that Day The Messenger went back Post to Royston and arrived there about Ten in the Morning the King had a loathsom way of lolling his Arms about his Favourites Necks and kissing them and in this Posture the Messenger found the King with Somerset saying When shall I see thee again Somerset then designing for London when he was arrested by Sir Edward's Warrant Somerset exclaimed that never such an Affront was offered to a Peer of England in the Presence of the King Nay Man said the King if Coke sends for me I must go and when he was gone Now the Deel go with thee said the King for I will never see thy Face any more About three in the Afternoon the Chief Justice came to Royâ—â—on and so soon as he had seen the King the King told him that 〈◊〉 was acquainted with the most wicked Murder by Somerset and 〈◊〉 Wife that was ever perpetrated upon Sir Thomas Overbury and that they had made him a Pimp to carry on their Bawdry and Murder and therefore commanded the Chief Justice with all the Scrutiny possible to search into the Bottom of the Conspiracy and to spare no Man how great soever concluding God's Curse be upon you and yours if you spare any of them and God's Curse be upon me and mine if I pardon any one of them The Chief Justice as well by his Place as the King's Command imprisons Weston Mrs. Turner Sir Jervis Elvis Franklin and Sir John Munson and examines them and also Munson's Servant Weston's Servant c. against them Whereupon they were all except Munson arraigned condemned and executed in the Months of October and November following all of them I say except Munson whom Justice Dodridg and Justice Hide as well as the Chief Justice declared to be as guilty of the Murder as any of the other You may read the Trials at large in the Narrative of the first fourteen Years of King James his Reign entituled Truth brought to light by time There was a general Rumour that the Chief Justice making a severe Inspection into Overbury's Murder found some Papers about the poisoning of Prince Henry and Sir Anthony Weldon in his History of the Reign of King James says That the Chief Justice had blabb'd abroad so much I am sure there was never any such Acquaintance between the Chief Justice and him that he should blab it out to Weldon whether this were true or false I cannot tell but sure the displacing Sir Edward Coke the
next Year gave Reputation to these Rumours and here we end this Year 1615. being the thirteenth Year of King James his Reign Tho Turner Weston Elvis and Franklin were convicted and hanged last Year for the poisoning of Sir Thomas Overbury yet the Trial of the Earl of Somerset and the Countess was put off till the 24th of May this Year yet the Earl being a Prisoner and utterly cast out of the King's Favour the young Favourite Villiers having now no Competitor rose as fast upon the Earl's Ruin as he fell and began to appear in his own Colours from being Sir George and of the Bed-Chamber to the King in the beginning of the Month of January to be made Master of the Horse and upon the Conviction of the Earl and Countess the King seized upon the huge Estate of the Earl only allowing him 4000 l. per Annum during his Life as was said for the King reprieved the Earl and Countess too not only from Death but Imprisonment and the Earl 24 Years after saw his Daughter married to the now Duke of Bedford who proved to be the Mother of many Children whereof my Lord Russel cut off by King Charles the Second was one and a Lady of great Honour and Vertue The seizing of Somerset's Estate at present afforded a plentiful Harvest to our young Favourite and that proportionable Honours which were no burden to him might attend him upon the 17th of August he is created Viscount Villiers and Baron of Whaddon We will stay a little here and look abroad and see what Dishonour the King by his Prodigality to his Favourites and his ill Terms with his Subjects brought upon himself This Year seven of the twelve Years Truce made between the King of Spain the Arch-Dukes and the Dutch States in 1609. were worn out and now the Dutch hugely swelled their Tradeâ— not only in Europe and Africa but in the East-Indies and to Turkey but they could never be truly esteemed High and Mighty so long as the English possest the Brill Rammekins and Flushing which were the Keys of their Country and opened the Passages into and out of the Maese Rhine and Scheld They could not now pretend Poverty as they did to Queen Elizabeth for not payment of the Money with Interest upon Interest at 10 per Cent. which being two Millions when upon the Account stated between the Queen and them due Anno 1598. besides the Payment of the English in Garison in the Cautionary Towns this Year did amount to above six Millions of Money and how to get rid of this Debt and get the English out of the Cautionary Towns was the Design of Barnevelt and the States Barnevelt had his Eyes in every corner of the Court he observed the King was wholly intent upon his Pleasures exalting his Favourites and writing against Bellarmine and Peron against their King-killing and Deposing Doctrines and otherwise utterly neglected his Affairs both at Home and Abroad and by how much longer the King continued these Courses so much better might the States make a Bargain with him about restoring their Cautionary Towns but not as Merchants but Bankrupts The Truce between the Spaniard and them was above half expired and if the English should keep their Towns till the War broke out again the King might impose what Terms he pleased upon them Barnevelt also observed the ill Terms which the King was upon with his Subjects upon the Dissolution of the last Parliament about 14 Months before and imprisoning the Members for representing the Subjects Grievances which the King made worse by a Proclamation forbidding Men to talk of State-Affairs and that he doted upon and was wholly governed by Viscount Villiers a raw and unexperienced Gentleman in State-Affairs scarce of Age Upon these Considerations Barnevelt advised the States not to pay the English in Garison in their Cautionary Towns tho this was expresly contrary to the Agreement they made with Queen Elizabeth in 1598. The English debarred of their Pay apply themselves to the King for Relief the King was incensed at the Dutch and talked high what he would do but upon Repose he advised what to do the Lord Treasurer Suffolk told him there was no Money in the Exchequer to call a Parliament would be a work of Time and in the mean while the Souldiers in Garison in the Cautionary Towns must either starve or revolt besides the Wounds which the imprisoned Members had were so green that the Parliament in all likelihood would rather seek to cure them than supply the King's Necessities and starve or revolt the Souldiers might rather than the King would abate any thing of his Bounty to his Favourites Hereupon it was agreed That the King should enter into a Treaty with the Dutch concerning the Delivery of their Cautionary-Towns the Dutch expected it and had given Orders to their Ambassador here called the Lord Caroon to treat about it and what they would give the King must take and Caroon's Instructions were to give two hundred and forty eight thousand Pounds in full Satisfaction of the whole Debt which was scarce Twelve Pence in the Pound but was greedily accepted of by the King and his Favourites But how well this Agreement did sort with the Treaty made with the King of Spain and Arch-Dukes in August 1604 where in the 7th Article the King swears and promises in the Word of a King That in a competent time he would assign a Treaty with the Dutch States to acccept and receive Conditions agreeable to Justice and Equity for a Pacification to be had with the renowned Princes his dear Brethren which if the States shall refâ—se to accept his Majesty from thenceforward as being freed from former Conventions will determine of those Towns according as he shall judg it to be Just and Honourable wherein the said Princes his loving Brethren shall find there shall be no want of these good Offices which can be expected from a friendly Prince let the World judg Tho the Bargain were agreed yet the King and Courtiers were in fear the Money should not be paid accordingly and therefore the King wrote to the States in a Stile far differing from that he used to the Parliament for says my Author William de Britain fol. 12. the King told them He knew the States of Holland to be his good Friends and Confederates both in Point of Religion and Policy one as true as the other for the Religion of the Dutch was Presbytery which the King hated nor did he ever imitate their Policy therefore he apprehended not the least fear of Difference between them In Contemplation whereof if they would have their Towns again he would willingly surrender them So tho the Dutch got their Towns again yet the King got not all the Money for my Lord Treasurer Suffolk kept back so much of it as he was fined 30000 l. in the Star-Chamber for it and had not scaped so if Sir Francis Bacon then Lord Chancellor had
not been his Friend After the Sale of the Towns was agreed on the next Debate was What should become of the Souldiers in Garison But let them look to that for the King being Rex Pacificus had no need of them they might go where they pleased all the Care the Favourites had was how to share the Money among themselves The dishonourable Delivery of the Dutch Towns made no Allay in his Affections to his new Favourite tho wholly unacquainted with State-Affairs who was as much given up to the Pleasures of Venus as the King was to those of Bacchus neither the Sale of the Dutch Towns nor the seizing Somerset's Estate would answer the Expence of his Pleasures and Bounty the disposing of all Places and Offices Ecclesiastical and Civil all waved as he nodded and herein his Venality was as profuse as his Venery One of the first that felt the Effects of his Power herein was Sir Edward Coke who at this time sat very loose and uneasy he had highly disgusted the Court and high-Church-Party in opposing Arch-bishop Bancroft's Articles against granting Prohibitions at Common-Law He opposed my Lord Chancellor Egerton taking notice of a Cause in the King's-Bench after Judgment given contrary to the Act 4 Hen. 4. 23. and refused to give any Opinion in the Case of Commendums being a Judg before it came judicially before him And however my Lord Chancellor Egerton upon the swearing Sir Henry Mountague when he succeeded Sir Edward Coke in the Office of Chief Justice declared Sir Edward's deposing was for being so popular yet I have it from one of Sir Edward's Sons that the Cause of his Removal was That Sir Nicholas Tufton being very aged and having a Patent for Life of the Green-wax-Office in the King's-Bench the Viscount Villiers by his Agents dealt with Sir Nicholas that if he would surrender his Patent the King would make him Earl of Thanet and in the mean time Sir Francis Bacon treated with Sir Edward to know whether in case Sir Nicholas surrendred his Patent the Viscount should prefer another to the Office Sir Edward would give Sir Francis no other Answer than this That he was old and could not wrestle with my Lord. However after Sir Nicholas had surrendred Sir Edward refused to admit of a Clerk by Villiers's Nomination but stood upon his Right and that the Judges of the King's-Bench served the King to their Loss and therefore he would so dispose of the Office that the other Judges of the King's-Bench's Salaries should be advanced and that hereupon he was turned out of his Place and Sir Henry Mountague put in who disposed the Office as the Favourite pleased But tho the Favourite's Displeasure began here with Sir Edward it did not end so nor the Titles of our new Favourite for upon the 5th of January following he was created Earl of Buckingham however Sir Edward might have been restored again to the place of Chief Justice if he would have given a Bribe but he answered A Judg ought not to take a Bribe nor give a Bribe See the second Part of the Bishop of Lincoln's Life fol. 120. Tit. 116. We begin this Year 1617 after the King had created the Earl Marquess of Buckingham on the first of January with the Story of Sir Raleigh's Voyage to Guiana which was the Cause of his Death tho upon another score being condemned in the first Year of the King for High-Treason in Cobham's Conspiracy for endeavouring to have hindered the King's coming to the Crown But before we proceed we 'll stay a little and take a view of him Sir Walter was of an antient Family but a younger Brother and as he was a Person of admirable Parts excellently adorned with Learning not Pedantick but of a nobler Strain so he had a Mind far above his Fortune and accounted Poverty the greatest of Misfortunes and to advance his Fortune he became a Courtier to Queen Elizabeth who was as great a Discerner of Men and their Qualities as any Prince in her time or perhaps before or since and as such and not as imposed by Favourites she esteemed and preferred them and upon this account she entertained and favoured Sir Walter The Queen made him Captain of her Guards Lieutenant-General of Cornwall and Lord Warden of the Stanneries but these were rather Honorary Titles than much profitable and being at Enmity with the Earl of Essex the Queen's greatest Favourite and the whole Family of the Cecils who governed all in State-Affairs these put a full stop to Sir Walter 's further Rise at Court Sir Walter thus balk'd at Court seeks Adventures abroad to raise his Fortunes thence and the Wars continuing between the Queen and the King of Spain in the Year 1595 he mans out a Ship to Guiana in the West-Indies and by the Intelligence which he had with some of the Indians and some Spanish Prisoners he had taken believed he had made a Discovery of several rich Mines and had certain Marks whereby to discover them again if occasion should happen But if he got nothing else by his Voyage he got this Advantage by it that adding Experience to his excellent Theory in Navigation he justly merited the Applause of the best Director of Sea-Affairs of his time After Queen Elizabeth's Death he was kept 12 Years a Prisoner in the Tower where he compiled his History of the World a Design so vast that no other Man of less Parts both of Body and Mind could have accomplished And while he was thus confined he was the first which made publick the Growth by Sea of the Dutch and the Riches they derived by their fishing upon the Coasts of England and Scotland and the Consequences which would necessarily follow not only to the loss of the King's Soveraignty of the British Seas but to the Trade and Navigation of England otherwise After that one Tobias Gentleman set forth another Treatise of this Nature and how this Fishery might be carried on from the Ports of England and dedicated it to the King but the King wholly giving himself up to Pleasure neither minded the one nor regarded the other Sir Walter had been discharged out of the Tower about two Years and an half before but by what means I do not find and then Poverty stared him in the Face for Somerset had begg'd his Estate which to him was more intolerable than his Imprisonment and how to extricate himself out of it was all his Business There was a new face of Court to what was in Queen Elizabeth ' days and Sir Walter unknown to any of them His being freed out of Prison was such a Favour as any further was not to be hoped for Happy had Sir Walter been if he had been still confined where in the restraint of his Person he enlarged the Faculties of his Mind to nobler Pleasures than can be found in Sensuality or any Temporal Greatness where by his Freedom pursuing these besides other concomitant Calamities he brought
Angely Gergeau Sancerre and Saumur which were all the Cautionary Places which the Reformed had upon the Loire and also Suilly Merac and Caumont King James that he might as much appear for the Reformed as he had done for his Son-in-law sent Sir Edward Herbert after Baron Herbert of Cherberry his Ambassadour into France to mediate a Peace between the King and the Reformed and in Case of Refusal to use Menaces which Sir Edward bravely performed to Luynes and after to the French King himself which being misrepresented to King James Sir Edward was recalled and the Earl of Carlisle was sent Ambassadour into France in his room and the Earl finding the Truth to be otherwise than was represented by Luynes acquainted the King with it Hereupon Sir Edward kneeled to the King and humbly besought him that since the Business between Luynes and him was become publick that a Trumpeter if not an Herald on Sir Edward's Part might be sent to Luynes to tell him That he had made a false Relation to the King of the Passages between them and that Sir Edward would demand Reasons of him with Sword in Hand on that Point but the King was not pleased to grant it and here began the Downfal of the Power of the Reformed in France and the Rise of the French Grandeur by Land In this rotten and teachy State of Affairs before the Meeting of the Parliament the King issued out a Proclamation of which he was as prodigal as bountiful to his Favourites forbidding Men to talk of State-Affairs as if his Favourite Buckingham who governed all was so mindful of them nor was the King less jealous of the Parliament's meddling with State-Affairs than of the Peoples talking of them out of Parliament so that the King upon the opening of the Parliament the 30th of January told them of the Constituting Parts of a Parliament and how it was twelve Years since he had received any Aids from Parliaments and how that though he had prosecuted a Treaty of Marriage between the Prince and Infanta of Spain which if it were not for the Benefit of the Established Religion in England and of the Reformed abroad he was not worthy to be their King and though he had refused to assist his Son-in-law in his Election to the Kingdom of Bohemia being a matter of Religion contrary to what he had wrote against the Jesuits yet that he could not sit still and see the Patrimony of his Children torn from them by the Emperor and therefore was resolved to raise an Army next Summer and that he would engage his Crown his Blood and Soul for the Recovery of the Palatinate And having before told the Commons of their Duty to petition the King and acquaint him with their Grievances but not to meddle with his Prerogative he after tells them that who shall hasten after Grievances and desire to make himself popular has the Spirit of Satan The Parliament notwithstanding the violation of their Privileges the last Parliament by the King 's imprisoning their Members yet being zealous to assist the King against the Emperor and King of Spain in favour of the Palsgrave and though the Nation at no time before so much abounded in Corruption and Grievances yet to humour the King inverted the Methods of Proceedings in Parliament and the Commons granted the King two entire Subsidies and the Clergy three before they entred upon Grievances which so pleased the King that in a Speech in the House of Lords he declared it was more acceptable to him than Millions it shewing he reigned in the Love and Affections of his Subjects but he did not long hold in this Mind At this Sessions of Parliament if it may be called so no Act but that of the Subsidies passing Sir Giles Mompesson and Sir Francis Michel were sentenced and degraded for erecting new Inns and Ale-houses and exacting great Sums of Money by pretence of Letters Patents granted for that purpose Sir Giles fled and so escaped a farther Punishment but Sir Francis was condemned to perpetual Imprisonment in Finsbury Goal Sir Francis Bacon Viscount Verulam and Lord Chancellor was likewise censured deposed fined and committed Prisoner to the Tower for Bribery and Bacon's Fall was Doctor Williams's Rise Dean of Westminster to be Lord Keeper of the Great Seal But the Commons debating the Growth of Popery and the dangerous Consequences of the Spanish Match contrary to the King's Speech and Inclinations he upon the Fourth of June which the Commons took to be an Invasion upon their Privileges by Commission adjourned them to the 14th of November and by a Proclamation forbid the talking of State-Affairs In this recess the Spaniards took Stein in the lower Palatinate and the Duke of Bavaria all the Upper Palatinate and the Arms of Lewis prevailed more upon the Reformed in France yet none of these prevailed upon the King further than to mediate a Suspension of Arms in order to treat an Accommodation between the Emperor and his Son-in-law and the French King and the Reformed which had no other Effect but to make the King contemptible in Germany as well as France his Power and Authority being bounded up only in Words and Messages which the King's ill-Willers blazing abroad cost the King more than would have recovered the Palatinate However the King abated nothing of his Pleasure and dissolute Life but according to the usual Methods of his Life in the Autumn went to New-Market to divert himself with Hunting from the trouble of Affairs either foreign or domestick leaving his Favourite Buckingham Dictator of all his Affairs when the Parliament met again But how remiss soever the King was of his Affairs the Commons were not perhaps heated by their Adjournment and alarmed at the Progress of Lewis against the Reformed in France and of the Emperor and King of Spain not only in the Palatinate but all over the Empire against the Protestants and also with the Liberty which the Popish Party took upon the hopes they conceived would accrue to them by the Spanish Match still as fervently pursued by the King and Prince as ever the King being encouraged hereto by the Earl of Bristol the King's Ambassador in Spain but more by the Spanish Ambassador Gundamor here A Person as Nâ—ni observes who with a stupendous Acuteness of Wit so confounded pleasant things with serious that it was not easy to be discerned when he spoke of Business and when he rallied he had so insinuated himself into the Mind of the King that he need not take any further care of restoring his Son-in-law to the Palatinate but by Prince Charles his marrying with the Infanta the Treaty whereof now is 8 Years old being brought to Maturity and Perfection so soon as the Pope should grant a Dispensation The House of Commons hereupon being ill satisfied with the Distribution of the Subsidies before granted to the King resolve to proceed upon Grievance before they granted more Supplies and to that end drew up
Peace in all his Dominions when all our Neighbours about are in a miserable Combustion of War but Dulce Bellum inexpertis 5. That he had ever professed to restore his Children to their Patrimony by War or Peace and that by his Credit and Intervention with the King of Spain and Arch-Dukes he had preserved the lower Palatinate from the farther conquering for one whole Year and that his Lord Ambassador Digby had extraordinarily secured Heidelburg 6. That he could not couple the War of the Palatinate with the Cause of Religion and that the War was not begun for Religion but only by his Son-in-law's hasty and rash Resolution to take to himself the Crown of Bohemia and that this Usurpation of it from the Emperor had given the Pope and that Party an Occasion to oppress and curb many thousands of our Religion in divers parts of Christendom Here I desire that the Reader take notice of the Case of the Bohemians as it is set forth by Baptista Nani fol. 126. Anno 1618 after they had Liberty of Conscience granted them by Rodolph the Emperor and that Ferdinand had no colour of Title to the Kingdom of Bohemia but as he forced the Emperor Matthias to surrender it to him Ferdinand says he bred up in the Catholick Faith detested all sorts of Errour and therefore by how much not succeeding to the Father he found the Patrimonial Countries incumbred with false Opinions so much more with signal Piety had he applied himself to promote the true Worship with such Success that at last those Provinces rejoiced to be restored to the Bosom of the Antient Religion But this was not without some Sort of Severity so that many not to leave their Errours were constrained to abandon their Country and sell their Estates living elsewhere in Discontent and Poverty and others driven away by force and their Estates confiscate saw them not without Rancour possessed by new Masters and all this done in the Life of Matthias So that Ferdinand as his Title was Vsurpation and Force so was the Exercise of it Tyranny in the highest Degree to the Overthrow of the Bohemian Laws and Liberties therefore the Original of the Bohemian War was not founded in the Election of Frederick to be King for Ferdinand perpetrated these things two Years before Nani goes on and says in the Empire therefore in which the Religion no less than the Genius is for Liberty there appeared great Apprehensions that where Ferdinand should get the Power he would exercise the same Reformation and impose a Yoke so much the more heavy by how much standing in need of Money and the Counsels of Spain he should be governed by the Rules and Maxims of that Nation so hateful to the Germans So that it was not the Election of Frederick to be King of Bohemia that opened that Gate for the Pope and his Party for curbing and oppressing of many thousand of our Religion in divers parts of Christendom as the King said for it was set wide open before by Ferdinand 7. That the Commons Debates concerning the War with Spain and Spanish Match were Matters out of their Sphere and therefore Ne sutor ultra Crepidaâ— and are a Diminution to him and his Crown in Foreign Countries That the Commons in their Petition had attempted the highest Points of Soveraignty except the stamping of Coin 8. That for Religion he could give no other Answer than in general that the Commons may rest secure he will never be weary to do all he can for the Propagation of ours and repressing of Popery but the manner they must remit to his Care and Providence 9. That for the Commons Request of making this a Sessions and granting a General Pardon it shall be their fault if it be not done But the Commons required such Particulars in it that he must be well advised lest he give back double or treble of that he was to receive by their Subsidy but thinks fit that of his free Grace he sends down a Pardon from the higher House containing such Points as he shall think fittest 10. He thinks it strange the Commons should make so bad and unjust a Commentary upon some Words in his former Letter as if he thereby meant to restrain the Commons of their antient Privileges and Liberties in Parliament wherein he discharges them from meddling with Matters of Government and Mysteries of State namely Matters of War and Peace or his dearest Son's Match with Spain or that they meddle with things which have their ordinary Course in the Courts of Justice That a Scholar would be ashamed so to mis-judg and misplace Sentences in another Man's Book for in the coupling these Sentences they plainly leave out Mysteries of State and so err a bene divisis ad mala conjuncta that for the former part concerning Mysteries of State he plainly restrained his meaning to the Particulars which were after mentioned and for the latter he confesses he meant it by Sir Coke's foolish Business and therefore it had well become him especially being his Servant and one of his Council to have complained to him which he never did tho he was ordinarily at Court and never had Access refused him Sir Coke's Business was a Conspiracy against him by my Lord Chancellor Bacon one Lepton and Goldsmith after he was discharged from being Chief Justice to have exhibited an Information against him in the Star-Chamber or have sent him into Ireland The Business was debated in the House of Commons but Sir Edward complained not nor appeared to speak in it If the King were uneasy with the Commons Remonstrance the Commons were not less with the King's Answer and at the Resolution taken at Court to adjourn the Parliament to the 8th of January next which the Commons took to be a Violation of their Privileges and an Omen of their Dissolution whereupon they entred this Protestation THE Commons now Assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Privileges of Parliament among others here mentioned do make this Protestation following That the Liberties Franchises Privileges and Jurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects of England and that the ardueus and urgent Affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and Redress of Grievances and Mischiefs which may happen within this Realm are proper Subjects and Matter of Counsel and Debate in Parliament and that in the handling and proceeding of those Businesses every Member of the House of Parliament hath and of right ought to have freedom of Speech to propound treat reason and bring to Conclusion the same And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such order as in their Judgment they shall think fittest And that every Member in the said House hath likewise freedom from all Impeachment Imprisonments and
Molestation other than by Censure of the House it self for or concerning any speaking reasoning or declaring any Matter or Matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the Advice and Consent of all the Commons assembled in Parliament before the King give Credence to any private Information If the King was alarmed at the Commons Remonstrance this Protestation of the Commons was such an Invasion upon his Sacred Prerogative Royal that neglecting his Pleasures and Health which he took such care to preserve by retiring into the Country up he now comes to London and upon the 30th of December and in a full Assembly of Council and in the Presence of the Judges declares the said Protestation invalid annull'd and void and of none effect Manu sua propria takes the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of the Council-Causes And on the 6th of January the King by his Proclamation dissolved the Parliament Shewing that the meeting continuing and dissolving of Parliaments does so peculiarly belong to him that he needs not give any account thereof to any other yet he thought fit to declare that in the Dissolution of this Parliament he had the Advice and Vniform Consent of his whole Council and that some particular Members of the Commons took inordinate Liberty not only to treat of his High Prerogatives and sundry things not fit to be argued in Parliament but also to speak with less respect of Foreign Princes That they spent their time in disputing Privileges and descanting upon the Words and Syllables of his Letters and Messages and that these evil-temper'd Spirits sowed Tares among the Corn and by their Carriage have imposed upon him a necessity of discontinuing this present Parliament without putting to it the Name or Period of a Session And lastly he declared That tho the Parliament were broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call another CHAP. IV. A Continuation of this Reign to King James his Death THE first Act the King did to make good his Promise in his Proclamation to govern well was his Commitment of Sir Edward Coke and Sir Robert Philips to the Tower and Mr. Selden Mr. Pym and Mr. Mallery to other Prisons and Sir Dudley Diggs Sir Thomas Crew Sir Nathaniel Rich and Sir James Parrot into Ireland Sir Thomas Overbury had a Cause assigned for his Commitment to the Tower but yet it was observed an Hardship upon him without any Precedent that he should be confined a close Prisoner for a Contempt whereas these were not only confined but close Prisoners for ought I can find I am well assured Sir Edward Coke was not only without any Cause shewed but for performing a publick Trust reposed in them Nor did the Commons only suffer under this Fury of the King for performing their Duty but the Noble Earl of Southampton was imprisoned for his freedom of Speech and for rebuking Buckingham for his disorderly speaking in the House of Lords as you may see in the first Part of Keeper Williams's Life fol. 62. tit 8. But of all others this Storm fell most severely upon Sir Edward Coke and by several ways his Ruin was contrived First By sealing up the Locks and Doors of his Chambers in London and in the Temple Secondly By seizing his Papers by virtue whereof they took away his several Securities for Money as a learned Lawyer Mr. Hawles hath observed Thirdly It was debated in Council when the King would have brought in the General Pardon containing such Points as he should think fittest by what ways they might exclude him from the benefit of it either by preferring a Bill against him before the Publication of it or by excepting him by Name Fourthly If the King's Name were used by Northampton and Somerset to confine Sir Thomas Overbury so close that neither his Father nor Servants should come at him so was the King's Name used here that none of Sir Coke's Children or Servants should come at him and of this I am assured from one of Sir Edward's Sons and his Wife Fifthly In this Confinement the King sued him in the King's-Bench for 30000 l. 2 s. 6 d. for an old Debt pretended to be due from Sir William Hatton to Queen Elizabeth and this was prosecuted by Sir Henry Yelverton with all Severity imaginable but herein the King's Counsel were not all of one piece for when a Brief against Sir Edward was brought to Sir John Walter I think then Attorney-General he returned it again with this Expression Let my Tongue cleave to the Roof of my Mouth whenever I open it against Sir Edward Coke however after the Trial the Verdict was against the King Mr. Selden got his Liberty by the favour of my Lord Keeper Williams but the rest must abide by it till the breaking of the Spanish Match necessitated the King to call another Parliament But lest the King's Word in his Proclamation for governing well should not pass currant and without dispute the King ordered the Judges in their Circuits to give this in their Charges That the King taking notice of the Peoples liberal speaking of Matters far above their reach and also taking notice of their licentious undutiful Speeches touching State and Government notwithstanding several Proclamations to the contrary the King was resolved no longer to pass it without severest Punishment and thereupon to do exemplary Justice where they find any such Offenders The King having in the ninth Year of his Reign borrowed 111046 l. upon Privy-Seals which the Writer of the Historical Narration of the first 14 Years of King James his Reign Tit. Monies raised by him fol. 14. says were unrepay'd Now since he could receive no more Money in Parliament orders the Privy-Council to issue out an Order for raising Money out of Parliament for the Defence of the Palatinate and also sent Letters to the Justices of the Courts in Westminster-Hall and Barons of the Exchequer to move them and perswade others to a liberal Contribution for the Recovery of the Palatinate according to their Qualities and Abilities Nevertheless if any Person shall out of Obstinacy or Disaffection refuse to contribute thereto proportionably to their Estates and Means they are to certify their Names to the Council-Board Letters to the same effect were directed to the High-Sheriffs of Counties and Justices of Peace and to the Mayors and Bayliffs of every City and Corporation within the Kingdom requiring them to summon all before them of known Abilities within their Jurisdictions and to move them to a chearful Contribution according to their Means and Fortunes in some good measure answerable to what others well
to do it Yet this Adventure must be run because Buckingham would have it so so pur-blind nay stark-blind does Poverty and Covetousness make Man's Understanding and Reason But that we may take all before us let 's see in what Esteem King James was with the Spaniards which might encourage him to pursue this Adventure In their Comedies in Flanders they imitated Messengers bringing News in haste that the Palatinate was likely to have a numerous Army shortly on foot For the King of Denmark would shortly furnish them with a thousand Pickled-Herrings the Hollanders with one hundred thousand Butter-Boxes and England with one hundred thousand Ambassadors They pictured King James in one place with a Scabbard without a Sword in another with a Sword which no body could draw out tho divers Persons stood pulling at it In Brussels they painted him with his Pockets hanging out and not one Penny in them and his Purse turned upside down In Antwerp they pictured the Queen of Bohemia like a poor Irish Mantler with her Hair hanging about her Ears with her Child at her Back and the King James carrying the Cradle after her and every one of the Pictures had several Motto's expressing their Malice Such Scorns and Contempts were put upon the King James and in him the whole Nation See the Preface to the History of the first 14 Years of the Reign of King James and Wilson fol. 192. But tho Buckingham pursued this Match with such Eagerness yet when it came to his Management in Spain where the King's Proclamations forbidding Men to talk of State-Affairs had no effect he proceeded wrong in every step of it and to gratify his Ambition and Personal Disgusts was the first and principal Instrument to break it off but that we may not insist upon Generals 1. The Prince's coming to Spain and thereby putting himself into the King of Spain's Power brake all the Earl of Bristol's Measures whereupon the Negotiation and all the Particulars of the Marriage was settled and the Negotiation was put into a new Form See Rushw Collect. fol. 286. Objection This was but a Charge by the Earl of Bristol against the Duke who prosecuted the Earl of High Misdemeanors and therefore no Proof against the Duke Answer Yet the Honour of so great a Statesman and faithful a Counsellor as the Earl was who had so honourably served the King in seven foreign Embassies and had by the Expence of 10000 l. saved Heidelburg from falling into the Hands of the Spaniard and having upon the Dissolution of the last Parliament given the King 500 l. upon the Benevolence and never received a Check from the King in all his Negotiations but always honourable Testimonies from him for his faithful Services before Buckingham broke in upon him may go a great way But it seems to me to be a clear Proof upon Buckingham for Bristol twice answered Articles preferred against him without any Reply whereas rather than Buckingham should answer Bristol's Charge King Charles dissolved his second Parliament 2. Buckingham had not learned the Verse which is taught to every School-boy Quum fueris Romae Romano vivito more for being French bred he appeared in a French Garb most hateful to the Spaniards and by his Familiarity with the Prince he seemed rather the Prince's Guardian and Companion than Follower which disrelished the Court of Spain and the Spaniards in general who are grave sober and wary 3. He by contrary Methods opposed all the Earl of Bristol's Methods nay fell at odds with him tho without Comparison he was the ablest Statesman in all King James his Councils 4. Whereas all other Ambassadors and Statesmen in all great Affairs make their Court to the King's Council and prime Ministers of State to attain their Ends Buckingham fell at open Defiance with Olivares prime Minister of State in Spain and 't was generally said made his Court to the Countess which she acquainted her Husband with and instead of the Countess put a tainted Whore to Bed with him 5. The Earl of Bristol in the 9th Article of his Charge against him shews what a Scandal Buckingham gave by his Personal Behaviour in Spain and also employing his Power with the King of Spain for procuring Favours and Offices which he bestowed upon base and unworthy Persons for the Recompence and Hire of his Lust These things as fit neither for the Earl of Bristol to speak nor the Lords to hear he left to their Lordships Wisdom how far they please to have them examined It having been a great Infamy to this Nation that a Person of the Duke 's great Quality and Employments a Privy-Counsellor and Ambassador eminent in his Majesty's Favour and solely in Trust with the Prince should leave behind him in a Foreign Court so much Scandal as he did by his ill Behaviour 6. The Earl of Bristol's sixth Article against Buckingham is That his Behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers that they would admit of no Reconciliation nor farther Dealings with him Whereupon he seeing the said Match would be to his Prejudice he endeavoured to break it not for any Service to the Kingdom nor of the Match it self nor for that he had found as since he pretended the Spaniards did not really intend the said Match but out of his particular Ends and Indignation And the 7th Article says 7. That after he intended to cross the said Match he put in practice divers undue Courses as making use of the Prince's Letters to his own Ends and not as they were intended as likewise of concealing things of high Importance to the King James and thereby to overthrow the King's Purposes and advance his own Ends. Nor had my Lord Keeper Williams any better luck in this Adventure of Buckingham's than the Earl of Bristol or Olivares for tho the Prince's going into Spain was concealed from the Keeper as well as Council yet after the Duke was gone the Keeper's Letters followed him to Madrid wherein the Keeper advised him to be circumspect in all his Actions that no Offence might be taken at any of them by the King and Ministers of Spain and to be advised by the Earl of Bristol not only as a most able Statesman but above all others the most experienced in the Manners of the Spaniards and Court of Spain but this Buckingham took as ill Manners in the Keeper and was an occasion of his quarrelling with him as you may read in the Life of the Lord Keeper written by the Bishop of Litchfield and Coventry But neither the danger of the Prince in Spain nor the cross-grain'd going of the Match any way abated the King's Favour to his beloved Scholar and Disciple Buckingham but he sent after him the Patent of being created a Duke there being not another of England So that now he is become Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villiers Baron of Whaddon Great Admiral of
the Kingdoms of England and Ireland and the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoign and Guienne General Governor of the Seas and Ships of the Kingdom Master of the Horse to the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members of the same Constable of Dover-Castle Justice in Eyre of all the Forests and Chases on this side of Trent Constable of the Castle of Windsor Gentleman of his Majesty's Bed-Chamber one of his Majesty's most Honourable Privy-Council in his Realms of England Scotland and Ireland and Knight of the most Honourable Order of the Garter But tho all others worshipped this prodigious Favourite yet Arch-bishop Abbot a Prelate of Primitive Sanctity and Integrity would not flatter neither the King nor his Favourite in their Courses so dangerous to the Church and State and dishonourable to the King and tho in Disgrace he wrote this following Letter to the King which you may read in Rushworth fol. 85. May it please your Majesty M I Have been too long silent and am afraid by my Silence I have neglected the Duty of the Place it has pleased God to call me unto and your Majesty to place me in But now I humbly crave leave I may discharge my Conscience towards God and my Duty to your Majesty and therefore freely to give me leave to deliver my self and then let your Majesty do what you please Your Majesty hath propounded a Toleration of Religion I beseech you to take into your Consideration what that Act is what the Consequence may be By your Act you labour to set up the most Damnable and Heretical Doctrine of the Church of Rome the Whore of Babylon How hateful will it be to God and grievous to your Subjects the Professors of the Gospel that your Majesty who hath so often and learnedly disputed and written against those Heresies should now shew your self a Patron of those wicked Doctrines which your Pen hath to the World and your Conscience tells your self are superstitious idolatrous and detestable and hereto I add what you have done by sending the Prince into Spain without the Consent of your Council the Privity or Approbation of your People and altho you have a Charge and Interest in the Prince as the Son of your Flesh yet the People have a greater as Son of the Kingdom upon whom next after your Majesty are their Eyes fixed and their Welfare depends and so tenderly is his going apprehended as I believe however his Return may be safe yet the Drawers of him into this Action so dangerous to himself so desperate to the Kingdom will not pass away unquestion'd and unpunished Besides the Toleration which you endeavour to set up by your Proclamation cannot be without a Parliament unless your Majesty will let your Subjects see that you will take to your self the Ability to throw down the Laws of the Land at your Pleasure What dread Consequence these things may draw afterwards I beseech your Majesty to consider and above all lest by this Toleration and discountenancing the true Profession of the Gospel wherewith God hath blest us and this Kingdom hath so long flourished under it your Majesty doth not draw upon this Kingdom in general and your self in particular God's Wrath and Indignation I have heard my Father say that King James kept a Fool called Archy if he were not more Knave whom the Courtiers when the King was at any time thoughtful or serious would bring in with his antick Gestures and Sayings to put him out of it In one of these Modes of the King in comes Archy and tells the King he must change Caps with him Why says the King Why who replies Archy sent the Prince into Spain But what said the King wilt thou say if the Prince comes back again Why then said Archy I will take my Cap from thy Head and send it to the King of Spain which was said troubled the King sore But if we look back into Spain we shall see things of another Complection than when Buckingham came into it For now he is disgusted he put the Prince quite out of the Match as that tho all things were agreed upon the coming of the Dispensation from Rome so as King James said all the Devils in Hell could not break the Match yet his Disciple and Scholar could tho the Duke had certified the King the Match was brought to a happy Conclusion and the Match publickly declar'd in Spain and the Prince permitted Access to the Infanta in the Presence of the King and the Infanta was generally stiled the Princess of England and in England a Chappel was building for her at St. James's and the King had prepared a Fleet to fetch her into England which only proved to bring back his Son How things especially actuated by Love should stay here may seem strange yet such an Ascendant had Buckingham over the Prince that the Affront put upon him Buckingham must quite deface the Prince's vowed Love and Affection to the Infanta but how to prevail with King James to comply might have an appearance of some Difficulty since the King had set his Rest upon it and had quarelled with the Parliament and dissolv'd them in great Anger and Fury for but mentioning it After the Duke had gained the Prince to break or at least not to observe the Conditions of the Treaty of the Marriage with the Infanta so solemnly sworn to by both the Kings and the Prince let 's now see how he behaved himself to King James afterwards but this will be better understood if we look back and see how things stood before the Prince's and Duke's Arrival in Spain The Prince's going into Spain was not only kept secret from King James ' s Council but from my Lord Keeper Williams tho the King confided in his Abilities above all the other of his Council but when it had taken vent the King asked the Keeper what he thought Whether the Knight Errant's Pilgrimage meaning the Prince's would prove lucky to win the Spanish Lady and to convey her shortly into England Sir answered my Lord Keeper If my Lord Marquess will give Honour to Conde Duke Olivares and remember he is the Favourite of Spain or if Olivares will shew honourable Civility to my Lord Marquess remembring he is a Favourite of England the Wooing may be prosperous but if my Lord Marquess should forget where he is and not stoop to Olivares or if Olivares forgetting what Guest he hath received with the Prince bear himself haughtily and like a Castilian to my Lord Marquess the Provocation may be dangerous to cross your Majesty's good Intentions and I pray God that either one or both do not run into that Error The Answer of the Keeper took such Impression upon the King that he asked the Keeper if he had wrote to his Son and the
a narrow point but there is no point in Generalities relying upon their general Propositions of which I do not find neither the King nor the Prince or Buckingham after him named one he found when they came there the Matter proved so raw as if it had never been treated of they generally giving them easy way to evade and affording them means to avoid the effecting any thing But it seems there were Particulars which the King would not then discover but left them to the Prince and Buckingham to relate As for a Toleration of the Roman Religion As God shall judg him he said he never thought nor meant nor never in word expressed any thing that savoured of it How was Arch-bishop Abbot mistaken when he wrote his disswasive Letter against the King's Proclamation for the Toleration of Religion to Roman Catholicks See Rushworth fol. 85. And how was my Lord Keeper Williams mistaken after the King had directed him and other Commissioners to draw up a Pardon for all Offences past by Roman Catholicks with a Dispensation for those to come obnoxious to any Laws against Recusants and then to issue forth two general Commands under the Great Seal the one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them and tho the Keeper past the Pardon as fully and amply as the Papists could desire to pen it yet the Keeper put some stop to the vast Prohibition to the Judges and Bishops for the Reasons he gave First Because the publishing of this General Indulgence at one push may beget a general Discontent if not a Mutiny but the instilling thereof into the Peoples knowledg by little and little by the Favours done to Catholicks might indeed loosen the Tongues of a few particular Persons who might hear of their Neighbours Pardon and having vented their Dislike would afterward cool again and so his Majesty might by degrees with more convenience enlarge his Favours Secondly Because to sorbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Laws of the Land is a thing unprecedented in this Kingdom and would be a harsh and bitter Pill to be digested without some Preparative But this Delay disgusted the Spanish Ambassador which you may read in Rushworth fol. 101. And as God was his Judg he never thought nor meant nor ever in Word expressed any thing that savoured of a Toleration of the Popish Religion So God was his Judg and he spake as a Christian King Never any wayfaring Man that was in the Desarts of Arabia and in danger of Death for want of Water to quench his Thirst more desired Water than he did thirst and desire the good and comfortable Success of his Parliament and Blessing upon their Counsels that the good Issue of this may expiate and acquit the fruitless Issue of the former and prayed God their Counsels may advance Religion and the publick Weal and they of him and his Children You may read the Speech at large in Rushworth fol. 115 116 117. But tho the King gloried that he had ever endeavoured to procure and cherish the Love of his People to him which the Lords and Commons did represent yet the Commons could remember a time not out of mind with the King for they chose that honourable Gentleman Sir Thomas Crew newly returned from his Exile into Ireland whither the King had sent him as one of the ill-tempered Spirits who advised him against the Spanish Match and presumed to assert the Privileges of the Commons for their Speaker After the Ceremonies of Opening the Parliament and the Choice of a Speaker was over the first thing that appeared upon the Stage of Affairs was the Narrative of the Proceedings in the Spanish Match made by the Duke of Buckingham and assisted by the Prince Which you may read at large in Rushworth from fol. 119 to 125. I shall not descant upon this long Narrative but leave the Answering of it to the Earl of Bristol but only take notice of the Preamble of the third Article of the Duke 's Narrative and the latter part of the fourth The Preamble of the third Article is It is fit to observe this Passage which is the thing whereupon all his Highness's the Prince's subsequent Actions did depend He had never staid a Sennight longer in Spain he had never left any Proxy with Bristol he had never taken the Oath at the Escurial or ever so much as have written a Letter of Compliment to the Lady but that he had still before his Eyes as his Cynosure the Promise made by the Conde I think the Duke meant Olivares for the Restitution of the Palatinate Why was this Treaty between King James and the Conde Or if the Restitution of the Palatinate were the Foundation upon which the whole Treaty moved Why was it not so much as mentioned in all the Treaty so solemnly sworn to by both Kings the Prince and Buckingham himself Nay King James himself by two several Expresses to the Earl of Bristol the first of the 14th of May 1621. and the other of the 30th of December 1623. commanded him That he should not make the Business of the Palatinate a Condition of the Marriage as you may read in Rushworth fol. 302. For the better understanding of Buckingham's Narrative in the fourth Article it is fit to take notice That the Reason in the Instrument for not pursuing the Proxies of the Marriage so solemnly sworn to by the Prince and Buckingham himself was not for the Restitution of the Palatinate but forsooth for fear the Infanta might retire into a Cloister and so deprive the Prince of a Wife tho the Infanta so far as the Gravity of the Spaniards would permit ever expressed an entire Affection to the Prince so that when the Prince took leave of the Infanta she seemed to deliver up her Heart to him in as high Expressions as that Language and her Learning could with her Honour set forth for when the Prince told her His Heart would never be out of Anxiety till she had passed the intended Voyage and were safe on the British Land she answered with a modest Blush That if she were in danger upon the Ocean or discomposed with the rolling brackish Waves she should chear up her self and remember all the way to whom she was going As you may read in the Life of Williams Lord Keeper fol. 161. tit 168. And Mr. Rushworth fol. 104. says She caused many divine Duties to be performed for the Prince's Return In the Proxies left with the Earl of Bristol there was a Clause inserted De non revocando procuratore as much as to say irrevocable And because the Earl did in his Letter to the Prince of the First of November in 1623 press this vehemently to the Prince the Prince vowed openly before both Houses that he had never by Oath nor Honour engaged himself not to
Treasurers to receive the Money and a Council of War to disburse the same But the Commons having granted these Subsidies drew up a Petition against the Licence the Popish Party had taken during the Treaty with Spain He was so nettled at it that he called it a Stinging One and hearing the Commons were entring upon Grievances he could not endure it and upon the 29th of May adjourned the Parliament to the 2d of November 1624 and from thence to the 7th of April lest the King should hear of another stinging Petition or a Disturbance in the French Treaty but at this Adjournment he told them at their next Meeting they might handle Grievances so as they did not hunt after them nor present any but those of Importance yet I do not find the Parliament ever met again at least never did any thing However the King passed a General Pardon and the Parliament censured Lionel Earl of Middlesex Lord Treasurer for Corruption in his Office 50000 l. to the King and to be imprisoned in the Tower during the King's Pleasure which was but three days after the Adjournment of the Parliament for upon the first of June he was set free Whilst these things were doing in Parliament the Earl of Bristol was recalled from his Embassy but before his Arrival the Duke dealt by all means that the Earl might be committed to the Tower before he should be admitted to the King's Presence But fearing the Marquiss Hamilton and my Lord Chamberlain would oppose him herein the Duke pressed them that they would concur in it vowing as Somerset did to Sir Thomas Overbury he intended the Earl no hurt but only feared that if he should be admitted to the King's Presence he would cross and disturb the Course of Affairs but neither of these Lords would condescend thereunto This was attested by my Lord Chamberlain before the House of Lords This Deâ—â—gn of the Duke's failing the Duke to terrify the Earl from returning into England writ to him that if he kept not himself where he was in Spain and laid hold of the great Offers which he heard were made unto him the Earl it should be the worse for him At Bourdeaux the Earl heard of the Aspersions cast upon him by the Duke in Parliament of which the Earl did boldly afterward in the House of Lords in the second Parliament of Car. 1. and in the Presence of the Duke affirm That there was scarce any one thing concerning him in the Declaration which was not contrary to or different from Truth From Bourdeaux the Earl took Post to get into England to vindicate himself from the Asperâ—ons which the Duke had cast upon him in Parliament but when he came to Calais tho he sent over to have one of the King's Ships allowed him and for which publick Orders were given and tho the King James had Ships which lay at Boloign which might have every day been with him in three Hours and the Wind fair yet none came tho the Earl waited for one eight Days so that he was forced to pass the Sea to Dover in a Boat and six Oars When the Earl was landed at Dover he was by a Letter from my Lord Conway a Creature of the Duke's commanded in the King's Name to retire to his House and not to come to Court or the King's Presence until he had answered to certain Questions which his Majesty would appoint some of the Council to ask him but this was not out of any ill meaning to him but for fear the Parliament should fall too violently upon him and this the Duke said to some of his Friends was the Reason of the Earl's Restraint Hereupon the Earl humbly petitioned the King he might be exposed to Parliament and that if he had not served the King honestly in all things he deserved no Favour but to be proceeded against with all Severity but received Answer from the King That there should be but few days past before he would put an end to his Affairs but the Parliament was adjourned before the few days passed nor did he ever put an end to them You may read the further Contrivances against him by the Duke in Rushw from fol. 259 to 265. After the Adjournment of the Parliament or if you will the Dissolution of it tho the Earl of Bristol could not obtain Admission into the King's Presence yet he obtained Leave to answer to all the Duke had in his Absence charged upon him in Parliament and withal wrote to the Duke that if he or any Man living was able to make Reply he would submit himself to any thing which should be demanded which tho the Duke presumptuously said That it is not an Assertion to be granted that the Earl of Bristol by his Answer had satisfied the King the Prince or himself of his Innocence yet it so satisfied the King that when the Duke after pressed the King that the Earl might submit and acknowledg his Fault the King answered I were to be accounted a Tyrant to engage an innocent Man to confess Faults of which he was not guilty Tho the Earl said he could prove this upon Oath yet the Duke wrote to him that the Conclusion of all that had been treated with his Majesty was that he the Earl should make the Acknowledgment as was set down in that Paper tho at that time the King sent him word that he would hear him against the Duke as well as he had heard the Duke concerning him and soon after the King died which Promise of the King 's the Earl prayed God did the King no hurt however the Earl obtained Leave of the King to come to London to follow his private Affairs Mr. Rushworth therefore errs a little in point of time where he says fol. 149. the Earl was committed to the Tower in King James his time for he was not committed till the 15th of January 1625. in the first Year of King Charles as you may see in Stow's Life of King Charles fol. 1042. We have now done with the Spanish Match at least during this King's Reign yet the King's Desires of seeing his Son married which he shall never see were as impatient as those of getting the Infanta's huge Portion and to that end before the Meeting of the Parliament and while the Treaty with the Infanta was yet breathing the King sent my Lord Kensington after Earl of Holland to feel the Pulse of the French Court how it beat towards an Alliance between the Prince and Princess Henrietta Maria youngest Daughter of Henry IV. of France A serene Heaven appeared in France upon the Motion not a Cloud to be seen in all the French Horizon Lewis the King telling my Lord Kensington he took it for an Honour that he sought his Sister for the sole Son of so Illustrious a King his Neighbour and Ally only he desired he might send to Rome to have the Pope's Consent for the better Satisfaction of his Conscience And now you
she should take other French Catholicks in their Places but nevertheless by the Consent of the King of Great Britain That the King of Great Britain and the Prince of Wales his Son should oblige themselves by Oath not to attempt by any means whatsoever to make her change her Religion or to force her to any thing that might be contrary thereto and should promise by writing in the Faith and Word of a King and Prince to give Order that the Catholicks as well Ecclesiastical as Secular who have been imprisoned since the last Edict against them should be set at Liberty That the English Catholicks should be no more enquired after for their Religion nor constrained to take the Oath which contains something contrary to the Catholick Religion That their Goods that have been seized since the last Edict should be restored to them And generally that they should receive more Graces and Liberty in Favour of the Alliance with France than had been promised them in consideration of that of Spain The Deputation of Father Berule Superior General of the Fathers of the Oratory to his Holiness to obtain the Dispensation for the aforesaid Marriage THE Instructions which were given to Father de Berule were to render himself with all Diligence at Rome to obtain the Pope's Dispensation and to this Effect to represent to his Holiness That the King of Great Britain having demanded of the King his Sister Madame Henrietta Maria for a Wife for the Prince of Wales his Son his Majesty hearken'd the more willingly to this Proposition in that he esteem'd it very profitable towards the Conversion of the English as heretofore a French Princess married into England had induced them to embrace Christianity but the Honour which he had vowed to the Holy See and particularly to his Holiness who baptized him in the Name of Pope Clement VIII did not permit him to execute the Treaty without having obtained his Dispensations That this Marriage ought to be look'd upon not only for the Benefit of the English Catholicks but of all Christendom who would thereby receive great Advantage That there was nothing to be hazarded for in Madame seeing that she was as firm in the Faith and in Piety as he could desire That she had a Bishop and 28 Priests to do their Duties That she had not a Domestick that was not Catholick and that the King of Great Britain and the Prince of Wales would oblige themselves by Writing and by Oath not to solicit her directly or indirectly neither by themselves or by Persons interposed to change her Religion On the contrary having nothing to fear for her he had great Cause to hope that she being dearly beloved of the King who was already well enough disposed to be a Catholick and of the Prince of Wales she might by so much the more contribute to their Conversion as Women have wonderful Power over their Husbands and their Fathers-in-law when Love hath given them the Ascendant over their Spirits That she was so zealous in Religion that there was no doubt but she would employ in this pious Design all that depended upon her Industry and that if God should not bless Intentions in the Person of King James and of the Prince of Wales it was apparent that their Children would be the Restorers of the Faith which their Ancestors had destroyed seeing she would have the Charge to educate them in the Belief and in the Exercises of the Catholick Religion till the Age of 13 Years and that these first Seeds of Piety being laid in their Souls cultivated with Care at the time when they should be more susceptible of Instructions would infallibly produce stable and permanent Fruits that is to say a Faith so firm that it may not be shaken by Heresy in a riper Age. That after all the Catholicks of England would receive no small Profit at present since the King of Great Britain and the Prince of Wales would both oblige themselves upon their Faith and by Writing no more to enquire after them nor punish them when they should be discovered to enlarge all those that had been imprisoned and to make them Restitution of Money and of other Goods that had been taken from them since the last Edict if they were yet in being and generally to treat them with more Favour than they could have expected from the Alliance with Spain And further He had Orders to let the Pope understand that to render more Respect to the Church it had been agreed that Madame should be affianced and married according to the Catholick Form and agreeable to that which was followed at the Marriage which Charles IX made of Madam Margaret of France with the late King Henry IV. then King of Navarre All these things spoke themselves and appeared so visibly that they would admit of no doubt so this Father that wanted neither Spirit nor Fire represented them dexterously to the Pope and his Holiness made him hope for a speedy and favourable Answer c. See the Life of Cardinal Richlieu printed at Paris 1650. fol. 14 15. How does this agree with the King's Speech at the opening of the Parliament in the 18th Year of his Reign That if the Treaty of the Match between his Son and the Infanta of Spain were not for the Benefit of the Established Religion at home and of the Reformed abroad he was not worthy to be their King And how does this agree with that part of the King's Speech at the opening of this Parliament That as for the Toleration of the Roman Religion as God shall surely judg him he said he never thought nor meant nor never in Words expressed any thing that savoured of it Do not Religion Truth and Justice support the Thrones of Princes and Hypocrisy Falshood and Injustice undermine and overthrow them What future Happiness then could either the King or Prince hope to succeed this Treaty sworn to by them both so diametrically contrary to the Laws and Constitutions of this Nation wherein the Majesty of the King as well as the Safety of the Nation is founded and to govern by these and observe this Treaty will be impossible What Peace could the Prince find at home even in his Bed when an imperious French Wife shall be ever instigating him to break his Coronation-Oath to truckle to that imposed upon him by her Brother of France These Pills how bitter soever must be swallowed by the King rather than his Son shall be baulk'd a second time nay it seems they were very sweet to him For Mr. Howel in the Life of Lewis III. says fol. 66. that King James said passionately to the Lords of the Council of the King of France My Lords the King of France has wrote unto me That he is so far my Friend that if ever I have need of him he will render me Offices in Person whensoever I shall desire him the Truth of this you will see by and by Truly he hath gained upon
thereupon referred this Business to my Lord Keeper Williams my Lord Treasurer Cranfield the Duke of Richmond Marquess Hamilton the Earl of Arundel the Lord Carew and the Lord Belfast who all agreed that they could not say that the King of Spain had done the part of a Friend in the Recovery of the Palatinate as he had professed nor could find that he had acted the Part of an Enemy declaredly as the Duke objected and indeed my Lord Keeper's Reasons against the War governed all the rest that saw no Expediency for War upon the Grounds communicated by Buckingham And 't was more observable that during the whole Treaty while Buckingham was in Spain the Business of the Palatinate was never mentioned and now he is come out of it it must be the Cause of a War with the King of Spain The Keeper's Reasons were Vpon whom shall we fall Either upon the Emperor or King of Spain the Emperor had in a sort offered the King his Son-in-law's Country again for Payment of a great Sum of Money in recompence of Disbursments but where was the Money to be had yet it might be cheaper bought than conquered before a War was ended For the King of Spain he saw no Cause to assault him with Arms He had held us indeed in a long Treaty to our Loss but he held nothing from us and was more likely to continue the State of things in a State of Possibility of Accommodation because he disliked the Duke of Bavaria's Ambition and had rather stop the Enlargement of his Territories The King embraced this Advice nor did he stay here yet did not stay long but spake hardly of Buckingham who would have put him upon making War upon the King of Spain and the King's Censure upon him was so bitter Cabal Page 92. that it was fit to be cast over-board in Silence says the Bishop of Litchfield f. 169 170. tit 175. This Resolution of the Council was so little to the Duke's Satisfaction that the Bishop says in the same Tit. that it made the Duke rise up and chafe against them from Room to Room as a Hen that had lost her Brood and clucks up and down when she has none to follow her Nor did the Duke stop here but notwithstanding the fierce Anger of the King and his not answering one of the Keeper's Reasons he appealed from the Judgment of the Council to the Parliament Sure he durst not have done this if he had not been sure of the Prince to second him against the Opinion and Anger of his Father This was the third inexpiable Crime the Keeper had committed against the Duke the first was his Advice to the Duke when he was in Spain to hold a good Correspondence with the Earl of Bristol and Olivares but finding the contrary by a Letter to the Duke of the 28th of June which you may read in the Bishop of Litchfield's Life of Bishop Williams fol. 136. tit 146. and another of the 22d of July tit 155. fol. 147. where he in gentle manner informed the Duke as from the King himself how zealous the King was not only of fair Terms between the Duke and Earl but of a nearer Alliance This was such a piece of Impudence in the Keeper that the Bishop says in the next tit that it removed the Duke's Affections from the Keeper for ever nor could this State-Minister contain his Displeasure but wrote to my Lord Mandevile that the first Action he would imbarque himself in when he came home should be to remove the Keeper out of his Place And the next Crime of the Keeper was The Duke was afraid of his Wit See the Bishop tit 156. However this Counsel took such Effect with King James and he was so satisfied that he had no Colour of Title to make War against the King of Spain that when the Parliament after gave him three Subsidies and three Fifteens for the Recovery of the Palatinate and when he had raised an Army of 10000 Foot and 2000 Horse to be commanded by Count Mansfield the King not only made it a Condition that Mansfield with the Army should not commit any Hostility against any of the Dominions which by Right appertained to the King of Spain or the Infanta Isabella Princess of the Low Countries or the Spanish Netherlands and in case he did so from that time the King was not longer to continue Payment of the Army but also took an Oath of Mansfield to observe the Conditions So that how powerful soever the Duke was over King James yet in none of these Particulars could he obtain his End viz. in not prevailing upon the King to make War upon the King of Spain nor in removing the Lord Keeper nor in having the Earl of Bristol committed to the Tower After the breaking of the Spanish Match it was observed that King James's Temper was quite so altered that he forgot his Recreations of Hunting and Hawking at New-Market but whilst he was there he remained as in an Infirmary and in a Fit of Melancholy told the Earl of Carlisle that if he had sent Williams into Spain with his Son he had kept Hearts-ease and Honour both which he wanted See the Bishop of Litchfield lib. 1. tit 174. King James then began to look back upon his former Actions in having lost the Affections of his Subjects and now intangled in the Difficulties which he saw inevitably coming upon him charged the Prince often in the hearing of the Lord Keeper Williams to call Parliaments often and to continue them tho their Rashness sometimes did offend him That in his own Experience he never got any Good by falling out with them See the Bishop of Litchfield lib. 2. f. 16. tit 16. How well King Charles observed his Father's Advice in any of these nay how diametrically he went contrary and contrary to all good Advice given him in the very first Year of his Reign will soon appear and the miserable Effects which followed I have heard my Father tho not a Courtier yet acquainted with many Courtiers say that they would oft pray to God that the Prince might be in the right Way where he set for if he were in the wrong he would prove the most wilful of any King that ever reigned Tho all must stoop to mighty Buckingham yet that he might stand surer who must be his only Support but Laud Bishop of Saint Davids who from picking Quarrels in Lectures at Oxford and being an Informer before now is become Vice-gerent to Buckingham A List of all the eminent Men for Promotion in the Church is given in those whom Laud would have promoted were noted O for Orthodox and whom he liked not were marked P for Puritans these two stopt up both the King's Ears from any other Doctrines in Church or State but what was infused by them so early did King James's Prophecy to my Lord Keeper Williams when he was so importunate to have Laud preferred begin to be fulfilled
Before a Year goes about you shall see Buckingham set the King at odds with the Parliament and yet engage him in a War against Spain and before another goes about engage the King in another against France to satiate his Spight and Revenge against Richlieu for crossing him in his Lust and after 13 Years Laud shall be the Fire-brand to set all the three Nations in the Flame of a Civil War as King James had foretold But it 's time to come to Particulars The first Enterprise which the Duke engaged the King in was not for the Recovery of the Palatinate as he pretended when he would have engaged King James in a War against the King of Spain but to express his Hatred against Olivares and therefore a Fleet must be rigged up to make War in Spain even when King James's Corps lay unburied and at so unseasonable a time when the Charges of King James's Funeral were so fast approaching and when the Charges of the King's Ambassadors the Earls of Carlisle and Holland ran so high at Paris to outvy the French Splendor for solemnizing the Marriage between the King and the Queen and these so much more augmented by the Duke's Preparations to fetch the Queen over which when the Duke shall come to Paris must outshine not only the Bravery of the English Ambassadors but all that Cardinal Richlieu could do From the Unseasonableness of this Expedition let 's see by what Counsels Buckingham managed this designed Expedition and herein take Light from a Letter which my Lord Cromwel wrote to the Duke and which you may read in Rushworth's Collections fol. 199. after the Fleet had lain so long that the Season of the Year was past and most dangerous for Ships to put to Sea The Letter is Verbatim THey offer to lay Wagers the Fleet goes not this Year and that of necessity shortly a Parliament must be which when it comes sure it will much discontent you It 's wonder'd at that since the King did give such great Gifts to the Dutchess of Chevereux and those that went how now a small Sum in the Parliament should be called for at such a time and let the Parliament sit when it will begin they will where they ended They say the Lords of the Council knew nothing of Mansfield's Journey or this Fleet which discontents even the best sort if not all They say it is a very great Burden your Grace takes upon you since none know any thing but you It 's conceived that not letting others bear part of the Burden you now bear it may ruin you which Heavens forbid Much Discourse there is of your Lordship here and there as I passed home and back and nothing is more wonder'd at than that one grave Man is not known to have your ear except my Good and Noble Lord Conway All Men say if you go not with the Fleet you will suffer in it because if it prosper it will be thought no Act of yours and if it succeed ill it might have been better if you had not guided the King They say your Vndertakings in this Kingdom will much prejudice your Grace and if God bless you not with Goodness to accept kindly what in Duty and Love I offer questionless my Freedom of letting you know the Discourse of the World may prejudice me But if I must lose your Favour I had rather lose it for striving to do you good in letting you know the Talk of the wicked World than for any thing else so much I heartily desire your Prosperity and to see you trample the ignorant Multitude under foot All I have said is the Discourse of this World and when I am able to judg of Actions I will freely tell your Lordship my Mind which when it shall not always incline to serve you may all my noble Thoughts forsake me The Success of this Expedition you will hear soon Thus was the King of Spain required for all the noble Favours he had shewn the King when he was in Spain This was the Return of Buckingham's Protestation to the King of Spain when they parted at the Escurial That he would be an everlasting Servant to the King of Spain the Queen and the Infanta and would do the best Offices he could for concluding the Business the Match between the Prince and Infanta and strengthen the Amity between the two Kingdoms to have War made upon him without any Declaration of it by King Charles so soon as it came in his Power to do it After Buckingham became Lord Admiral the English Navy lay at Road unarmed and fit for Ruin as you may see in Rushworth fol. 3. This was before the Treaty of the Spanish Match and after the breaking of the Spanish Match the Duke not only neglected the guarding of the Seas whereby the Trade of the Nation not only decayed but the Seas became ignominiously infested by Pyrates and Enemies to the Loss of very many of the Merchants and Subjects of England as you may read in the Fourth Article of the Charge of the Commons against him in Rushworth fol. 312. Objection But this was but an Accusation and therefore it does not amount to a Proof It ought not to be presumed the Commons would have charged this upon him without Proof and I say it is strong Proof upon the Duke since the King dissolved the Parliament rather than the Duke should come to a Trial upon it However the Navy lay thus neglected and Seas unguarded and tho the French had broken the Treaty of Marriage with France by not suffering Mansfield to land his Army at Calais yet the supplying the French with a Fleet to subdue the Rochellers must be performed And to this end even whilst King James lay unburied great Consultation between the Duke and the Marquiss of Efsiat was had how this might be done The King had no Men of War ready but the Vaunt-Guard and the French Necessities were urgent for all this while Sobiez rode triumphant at Sea the French not being able to encounter him and thereby Rochel upon all Occasions was relieved by Sea However the French must be gratified or this hopeful Marriage with France might be disturbed The Duke therefore by his Power of Lord Admiral besides the Vaunt-Guard pressed 7 Ships of the Merchants of England into the King's Service viz. The Great Neptune whereof Sir Ferdinando Gorge was Captain the Industry of 450 Tuns whereof James Moyer was Captain the Pearl of 540 Tuns whereof Anthony Tench was Captain the Marigold of 300 Tuns whereof Thomas Davis was Captain the Loyalty of 300 Tuns Jasper Dare Captain the Peter and John of 300 Tuns John Davis Captain and 7thly the Gift of God Henry Lewen Captain The Duke tho the Navy were unprovided with Stores and Ammunition could find Stores and Ammunition sufficient for furnishing this Fleet and upon the 8th of May caused a Warrant under the Great Seal to be issued to call the Companies aboard which had been raised
two Treaties which were for the Spanish Match and Recovery of the Palatinate and that his Father being thereby engaged in a War for the Recovery of the Palatinate they would now assist him in the carrying of it on The Speech you may read in Rushworth fol. 175 176. But Mr. Rushworth is mistaken and I wonder Nalson and Franklin took no notice of it that my Lord Keeper Coventry did second it for it was my Lord Keeper Williams whose quaint and learned Speech you may read in the second Book of the Life of the Keeper by the Bishop of Litchfield fol. 9 10. Nor was Williams displaced till the 23d of October following as you may see fol. 27. The Commons before they enter'd upon Grievances Sir Edward Coke moving it to ingratiate themselves with the King voted him two entire Subsidies and the last Parliament but the Summer before gave his Father three Subsidies and three Fifteens which were more than ever any Parliament granted the King in threefold the time before But that we may better look forward look a little back King James upon the Rreach of the Spanish Match put forth a Proclamation for putting the Laws in Execution against Popish Recusants but upon the first of May King Charles sent this Warrant to my Lord Keeper Williams Charles Rex RIght Reverend and Right Trusty c. Whereas we have been moved in Contemplation of our Marriage with the Lady Mary Sister of Our dear Brother the Most Christian King to grant to Our Subjects Roman Catholicks a Cessation of all and singular Pains and Penalties as well Corporal as Pecuniary whereunto they be subject or any ways may be liable by any Laws Statutes Ordinances or any thing whatsoever or for or by reason of their Recusancy or Religion in every Matter or thing concerning the same Our Will and Pleasure is and we do by these Presents authorize and require you upon the Receipt hereof That immediately you do give Warrants Order and Directions as well unto all our Commissioners Judges and Justices of the Peace as also unto all other our Officers and Ministers as well Spiritualas Temporal respectively to whom it may appertain that they and every of them do forbear all and all manner and cause to be forborn all manner of Proceedings against our said Subjects Rom. Catholicks and every of them as well by Information Presentment Indictment Conviction Process Seizure Distress or Imprisonment or any other Ways and Means whatsoever whereby they may be molested for the Causes aforesaid And further also That for time to come you take notice of and speedily redress all Causes and Complaints for or by reason of any thing done contrary to this our Will and this shall be unto you and to all to whom you shall give such Warrant Order or Direction sufficient Warrant and Discharge in that Behalf And this is so much more remarkable that this Warrant was granted when Buckingham was so busy in setting out the Fleet against the Rochellers Here was a Suspension of the Laws with a Witness by the King 's absolute Will and Pleasure notwithstanding all the Officers by Law were under the Obligations of their Oaths to the contrary and for the first-Fruits of this Warrant the King granted upon the 10th of May a special Pardon to twenty Roman Priests of all Offences committed by them against the Laws Can any Man now believe that the Parliament 18th Jac. should be so jealous that the Spanish Match would be a Door to let in a Toleration of Popery and therefore advised the King to break off the Match with Spain and yet this Parliament should be so purblind as not to see this put in Execution at the Instance of the French in this King's Reign especially whenas the Spaniards unless in the Reign of Queen Elizabeth were the English Friends and Allies and with whom the English had a most beneficial and gainful Trade for 22 Years in King James's Reign whereby they became doubly more enriched than in the 44 Years Reign of Queen Elizabeth whereas the French as they were a Neighbouring Nation were ever faithless and Enemies to the English Nation and with whom it always had a Trade to the English Loss as much to the enriching France as to the impoverishing the English Hereupon the Commons sent Sir Edward Coke with a Message to the Lords to desire their Concurrence in a Petition to the King against Recusants which was agreed to and presented to the King who answered That he was glad the Parliament were so forward for Religion and assured them they should find him as forward that their Petition being long could not be presently answered Nor were the Commons less alarmed at the countenancing the Arminian Sect whose Tenets next to Laud Mr. Richard Mountague propagated and about the latter end of King James his Reign published a Book entituled A new Gag for an old Goose which the Parliament took notice of and referred it to the Archbishop of Canterbury who disallowed it and sought to suppress it and ended in an Admonition given to Mountague but after King James his Death who was an Enemy to these Tenets Mountague then printed it again and dedicated it to King Charles now Buckingham and Laud ruled all Hereupon the Commons brought Mountague to the Bar of their House and appointed a Committee to examine the Errors therein and gave Thanks to the Arch-bishop for the Admonition to Mountague whose Books they voted to be contrary to the Articles established in the Parliament to tend to the King's Dishonour and Disturbance of the Church and State and took Bond of Mountague for his Appearance But the King intimated to the House that the things determined concerning Mountague without his Privity did not please him for he was his Servant and Chaplain in ordinary and that he had taken the Business into his own Hands whereat the Commons seemed much displeased This was the first Breach between the King and Commons and here let 's see what hasty Steps Laud took to fulfil King James his Prophecy of him in making Dissensions and to be a Fire-brand to set the Nation on fire by fomenting and exasperating the Factions in it In this Act of Mountague you may observe a twofold Crime First his Contempt and Disobedience to the Church of England which Laud pretended so much to exalt and to the Parliament that his Book being questioned in Parliament and by the Commons committed to the Arch-bishop who not only disallowed and suppressed it but Mountague being admonished against it he should upon King James his Death presume to reprint it in Defiance to the Metropolitan of England contrary to his Canonical Obedience and to the Commons thereby to make a Dissension between the King and them And secondly his being so audacious as to dedicate it to the King thereby to engage the King in defence of his Arrogance and Disobedience and for a Reward of this special Piece of Service before King James was two
Months dead to be made the King's Chaplain in Ordinary to be thereby protected from Justice But if it be asked how it does appear that Laud was concerned in this Act and Promotion of Mountague I answer there is a threefold Reason to induce the Belief of it First the end for which this Book was wrote for Promotion of Arminian Tenets whereof Laud was so great a Stickler Secondly none else but Laud could have such an Ascendant in things of this kind and to cause to early a Promotion for such a piece of Service but Thirdly which clears the Question when the King's Necessities caused him to call another Parliament about six or seven Months after Laud fearing the Commons falling again upon Mountague as they did Laud sounded the King by Buckingham whether the King would leave Mountague to the Parliament and finding the King determined to do it in great Zeal said I seem to see a Cloud arising and threatning the Church of England God in his Mercy dissipate it as you may read in Rush f. 203. as if the questioning a seditious and a disobedient Fellow to his Superiour in the Church were a Cloud to threaten the Church of England If Laud was the first that sowed Dissension between the King and Parliament upon the Pretence of the Church of England Buckingham shall be the second upon the Account of the Church of Rome and herein you 'll see the Temper of Buckingham to any which should presume to give him good Counsel The Dissension between the King and Commons began with Mountague at London where the Plague than raged and all England over so that most of the Members shrunk away to flee the Danger of it and those that staid were in danger of their Lives This put the King into a marvellous Strait what to do for his Necessities as Buckingham managed Affairs and his being imbroiled in the Spanish War were such as the Subsidies granted the King his Father the last Year and those granted the King now could not support Hereupon the King calling a Council at Hampton-Court what to do the King proposed upon the 10th of July to adjourn the Parliament to Oxford which was mainly favoured by the Duke my Lord Keeper Williams opposed the Proposition for two Reasons First That the Infection had overspread the whole Land so that no Man that travelled from his own Home knew where to lodg in Safety that the Lords and Gentlemen would be so distasted to be carried abroad in so mortal a time that it 's likely when they came together they would vote out of Discontent and Displeasure that his Majesty was ill counselled to give Offences in the Bud of his Reign tho small ones Secondly the Parliament had given two Subsidies at Westminster tho they removed to Oxford it is yet the same Sessions and if they alledg it is not the Use of the House to give twice in a Sessions tho I wish heartily they would yet how shall we plead them out of Custom if they be stiff to maintain it It is not fit for the Reputation of the King to fall upon a probable Hazard of a Denial The Duke which heard this with Impatience said That publick Necessity must sway more than one Man's Jealousy The Keeper hereupon besought the King to hear him in private and acquainted the King That the Duke had Enemies in the House of Commons who had contrived Complaints and made them ready to be preferred and would spend time at Oxford about them And what Folly were it to continue a Sessions that had no other Aim but to bring the Duke upon the Stage But if your Majesty think that this is like an Hectick quickly known but hardly cured my humble Opinion is That the Malady or Malice call it what you will may sleep awhile after Christmas there is no time lost in whetting the Sithe well I hope to give an Account by that time by undertaking with the chief Sticklers that they shall supersede their Bitterness against your great Servant and that Passage to your weighty Counsels may be made smooth and peaceable But why said the King do you conceal this from Buckingham Good Sir said the Keeper fain would I begin at that End but he will not hear me with Moderation And because it was the Mishap of the Keeper to give the first Notice of this Storm that was gathering the Duke in Defiance bid him and his Confederates do their worst and besought the King that the Parliament might be continued and he would confront the Faction tho he looked upon himself in that Innocency that he presumed they durst not question him Buckingham's Will must be a Law so on the 10th of July the Parliament was adjourned to Oxford to meet the first of August But to sweeten them the Keeper in the Presence of both Houses in the King's Name promised them That the Rigour of the Law against Popish Priests should not be deluded Here see the Levity of the King and the Dominion Buckingham had over him for upon the 12th of July the King caused a Warrant to be sealed to pardon six Roman Priests When the Parliament met at Oxford the Speaker had no sooner taken his Chair but a Western Knight enlarges the Sense of his Sorrow that he had seen a Pardon for six Priests bearing test July 12th whereas but the Day before it when they were to part from Westminster the Lord Keeper had promised in the King's Name before them all that the Rigour against the Priests should not be deluded Hereupon the Members were in such a Heat that they strived who should blame it most What! their Hope 's blasted in one Night But for the Lord Keeper that brought the King's Message and knew it best and for a Bishop to set the Seal to such a Warrant for him to do wrong to Religion it was enormous Hereupon Mr. Bembo a Servant to the Clerk of the Crown confess'd he brought the Writ to the Keeper to be sealed but it was stopt Mr. Devike Servant to Sir Edward Conway brought it from his Master but it could not speed It was my Lord of Buckingham's hard Hap to move the King to command the Warrant to be sealed in his Sight at Hampton-Court the Sunday following The Commons hereupon turned about to clear the Keeper and commend him but what pleased the Parliament at Oxford did not please the Court at Woodstock where this had not pleased the King The Commons in this Heat desired a Conference with the Lords in Christ-Church-Hall in the Afternoon where Sir Edward Coke open'd the Complaint sharply against my Lord Conway and like an Orator did slide away with a short Animadversion upon the Duke the Commons enlarged hereon that the Duke that put the King upon this was the highest in the King's Favour and that all the important Places of Honour and Offices by Sea and Land were in his Disposal which you may read at large in the Life of the
they might But these were no Considerations where Buckingham and Laud govern'd all and those worthy and honourable Statesmen the Archbishop of Canterbury the Keeper Williams and the noble Earl of Bristol were not only discountenanc'd but disgrac'd and not permitted to come into the Council How unsuccessful soever the Expedition was yet another Fate attended that Fleet lent to the French for the Dutch joining a Fleet in conjunction with the French Fleet commanded by the Duke of Momerancy fought the Fleet of the Rochellers and utterly subdued it and then reduced the Isles of Rhee and Oleron to the French Power But tho the miserable Fate of the Reformed began here yet the Dishonour of the English Nation shall soon after follow it so that now Richlieu might write florebunt Lilia Ponto Tho the King dissolved the first Parliament to prevent their impeaching Buckingham yet it was not in Buckingham's Power to supply the King's Necessities but they put him upon the Necessity of calling another And here you may see the little Artifices the King 's grand Ministers of State put him upon for the attaining his Ends and how quite contrary they succeeded There were five Persons whom the Duke took to be his Enemies if they were not so he had given them Cause enough to be so two of them were Peers and three of them Commoners the Peers were the Earl of Bristol and Bishop of Lincoln the Commoners were Sir Edward Coke Sir Robert Phillips a Person whose Memory I revere and should be glad I knew any of his Descendants to whom I could acknowledg it and Sir Thomas Wentworth these Persons the Duke feared would be leading Men in both Houses and was resolved that to his Power he would keep them out He was sure the Earl and the Bishop as Peers of Common Right would have their Writs of Summons and was as sure the other three would be chosen Members of the House of Commons In looking a little back you 'll better see forward You have heard how by the Duke's Power in King James's Reign the Earl of Bristol was first kept back from coming into England and after he was come over was kept under Restraint and denied Admission into the King's Presence lest he should have spoiled the Duke's fine Tale in Parliament concerning the Spanish Match and also after he had answer'd every Particular of it without any Reply and that after King James had promised the Earl should be heard in Parliament against the Duke as well as the Duke had been against the Earl King James fell sick and died thereupon before the Parliament met again After King James's Death the Earl wrote a most humble Letter to King Charles imploring his Favour and desiring the Duke's Mediation which the Duke answered the 7th of May 1625 that the Resolution was to proceed against him without a plain and direct Confession of the Point which he the Duke had formerly required him to acknowledg and in a courtly manner told him That he would advise him to bethink himself in time what would be most for his good In the mean time the Earl received his Writ of Summons to the Parliament whereupon the Earl sent to the Duke that he would do nothing but what was most agreeable to his Majesty's Pleasure which the Duke answered I have acquainted his Majesty with your Requests towards him touching your Summons to the Parliament which he taketh very well and would have you rather make your Excuse for your Absence notwithstanding your Writ than to come your self in Person Hereupon the Earl desired a Letter of Leave under the King's Hand for his Warrant but instead thereof he received from the Lord Conway an absolute Prohibition and even to restrain and confine him as he had been in King James's time tho the Earl was freed from it by King James and in this Restraint the Earl continued three Quarters of a Year during which time he was remov'd from all his Offices and Places he held during that King's Life and tho he had laid out the greatest part of his Estate for their Majesties Service and by their particular Appointment he could never be admitted so much as to clear his Accounts yet hereof the Earl never made the least Complaint Upon the King's Coronation when Princes usually confer Acts of Grace and Favour the Earl addressed himself to the Duke and then became an humble Suitor to the King for his Grace and Favour to which he receiv'd an Answer so different from what the King's Father and the King himself had given him since the Earl's Return into England that the Earl knew not what Construction to make of it After the Writs of Summons for the meeting of this Parliament were out the Earl addressed himself to my Lord Keeper Coventry to be a Suitor to the King in his behalf that the Privilege which of right is due to every Peer might not be denied him which not taking effect the Earl petitioned the House of Peers to mediate to the King for his Writ which was granted but accompanied with a Letter from the Keeper not to take his Place in Parliament As Bristol was the worthiest Statesman in either of these King's Reigns and whose Integrity in all these Varieties of Employments none but Buckingham and Conway presumed at least that I can find or ever heard of so much as to carp at so Lincoln's quaint and excellent not pedantick Learning both in Divinity History the Civil and Canon Law and not a Stranger to our English excelled all others These were adorned with a lively and excellent Elocution and with a wonderful promptness and presence of Mind in giving Judgment in the most nice and subtile dark Points of State and accompanied with an indefatigable Industry in Prosecution of them These Parts were so well observed in him by King James that without any Solicitation of Buckingham or any other but whilst he solicited for another the King conferr'd the Lord Keeper's Place upon him as you may read in his Life fol. 52. tit 62. and after unsought for the King promised him the next Avoidance of the Arch-bishoprick of York or any other Ecclesiastical Preferment and so steddy stood he in King James's Favour that Buckingham's Attacks could no ways shake him in it In Chancery he mitigated the Fees and all Petitions from poor Men were granted gratis and was so far from prolonging Suits that in the first Year he ended more than in seven Years before yet with such Caution that he would have some of the Judges but principally Sir Henry Hubbard to be assisting so that notwithstanding his Celerity in Dispatch in all the five Years of his being Lord Keeper not one of his Orders neither by Parliament nor by the Court of Chancery were ever revers'd Cardinal Richlieu is much celebrated for the Speech he made in the Convention of Notables which you may read at large in Howel's Life of Richlieu f. 162 163 164. to excite
the French to carry on the Cardinal 's ambitious and ungodly Designs after the King had so prodigally expended not only his Father's Treasure but doubly more than the ordinary Revenues of France upon his Favourites and the manifold Wars both at home and abroad which Richlieu had entangled him in Let any Man compare the Keeper's Speech at the opening the first Parliament of King Charles which you may read in the Keeper's Life the second Part f. 9 and 10. with that of Richlieu's and judg if the Rhetorick and Elegancy of it comes any way behind that of his after the King's Father and this King had squandered much more than the Revenues of the Crown upon their Favourites and this King had entangled himself in the Articles of the French Match and without Means engaged himself in a War with Spain and that against his Father's and the Keeper's Advice in exciting the Parliament to a Compliance with the King's Will tho with a different Fate for Richlieu attained his Ends by his Speech whereas the Keeper's Downfal was a Consequence of his But above all the Keeper excelled himself if I may be Judg in three things one was in his Speech in the House of Peers about the Peers taking the Oaths the second his Reasons he gave the French Ambassador Vollâ—cleer against dispensing with our Penal Laws against Romish Priests which you may read at large in the first Part of the Keeper's Life fol. 214 215 216 217 218 219 220 221 222. The third Speech was when the Earl of Essex moved the House of Lords in the Year 1640 that the Bishops might be expell'd the House not their Persons but their Order which you may read at large in the second Part of the Keeper's Life from fol. 168 to 176. And sure the History of the Keeper's Life had been a nobler Work if it had been related without the loose and impertinent Glosses of the Bishop of Litchfield whereby he does so often disturb and break the Thread of the Story and by preaching himself more than writing his History makes it confounded so as it is difficult to pursue it See the Speech in the first Part of his Life f. 76 77. After the Parliament was dissolved at Oxford all Heads were set at work to find some fault against the Keeper to out him of his Place but none could be found hereupon they made a Proposition which the Keeper made to King James That the Office of Lord Chancellor or Lord Keeper should be Triennial so that after three Years the King should make another and the Keeper having enjoy'd the Place above four Years to be the Reason that he should surrender the Seal When the Keeper had notice of this in a pathetical Letter to the King which you may read in his Life in the second Part f. 24. he implores his Majesty's Favour that he may retire with an Assurance of his Majesty's Grace and be admitted into his Presence to make some humble Requests to him which the King granted The first of his Requests was for the King's Favour in general which the King granted and gave him his Hand twice to kiss upon it Secondly That the King would take away none of his Church-Preferments as he had graciously promised till he had given him better in lieu of them the King answered It was his Intention Thirdly That the King would remember his Father's Promise seconded by him that he would place him the Keeper in as good a Bishoprick or Arch-bishoprick as he could the King said There was no such place void when any fell it would be then time enough to make his Request Fourthly That his Majesty would dismiss him freely and absolutely without any Command from the Table but to leave it to the Keeper's Discretion to forbear the King said He ever intended it so and never said a word to the contrary but expected he should not offend by voluntary Intrusion Fifthly That the King would declare to the Lords that the Keeper had willingly and readily yielded to his Majesty's Pleasure and that he parted in the King's Favour and good Opinion and was still his Servant the King said He would but that he looked that no Petitions be made for him by any Man at that time but only for his Favour in general Sixthly The Keeper besought the King to make an Atonement with the Duke upon or without Examination of the Information which the Duke received against him the King said It became not him a King to take up Quarrels between his Subjects and that the Duke had never exprest any such Enmity to him against him the Keeper Seventhly The Keeper besought the King that whereas the Keeper had a Pension by Direction of the King's Father and wherewith the King was acquainted of 2000 Marks per Annum to the Viscount Wallingford and had disbursed 3000 l. down upon it either to buy the said Pension or extinguish it or to assign it to be paid out of the Tenths or Subsidies of his Bishoprick as before he had appointed to receive it out of the Exchequer the King said Assignments were naught but he would take Order with his Treasurer to buy it or pay for it as should be most convenient Eighthly The Keeper besought the King to bestow the next Prebendary in Westminster upon his Library-keeper as his Father had promised or that he might resume his Books again the King said It was full of Reason Ninthly The Keeper besought the King to ratify a Grant made by his Father of four Advowsons to St. John's-College in Cambridg whereof two he had bought with his Money and two the King gave him for the good of the Society the King said He would ratify the Grant and give way to amend any Errors in the Form or in passing of it Tenthly The Keeper besought the King that he might retire to a little Lodg which my Lord Sandys lent him where the Lord Conway might receive the Seal which the King granted Lastly The Keeper besought the King that the King would not be offended with him if upon his Discharge Reports were made that he was discontented which he protested he was not giving over so comfortably the King said He would do him that Justice and that he little valued Reports and thereupon gave the Keeper his Hand to kiss at parting which you may read in the second Part of the Keeper's Life Tit. 28. But the Bishop says in the next Tit. the forlorn Keeper felt the Heaviness of this Lightness who thought he had obtained much but excepting the four Advowsons confirmed to St. John's-College he mist all that he sought for and expected nor could he ever get a Farthing of his Pension nor bring it to an Audit to his dying-day nor did the Keeper's Enemies stop here but sought to provoke against him the King's Displeasure with things which were neither consistent with the King's Honour nor scarce to be born by the Temper of Human Nature and were so
at the Duke of Buckingham and wonders what had altered their Affections to him when in the last Parliament of his Father's time he was their Instrument to break the Treaties for which they did so honour and respect him that all the Honour conferred upon him was too little He wot not what had chang'd their Minds but assures them that the Duke had not meddled with or done any thing concerning the Publick but by his special Directions and was so far from gaining any Estate thereby that he verily thinks the Duke rather impaired the fame He would have them hasten the Supplies or it will be the worse for them for if any Ill happens he thinks he shall be the last that shall feel it The Commons had yet fresh in Memory the Dissolution of the Parliament at Oxford about six Months before and what Trust there was to this King's Word for Redress of Grievances so as it was done in a dutiful and mannerly Way after they had given Money and therefore they little altered their Course from what they had done at Oxford yet more than Parliaments heretofore did to have Grievances first redress'd and then to give Supplies for they voted to proceed upon Grievances and to give the King three Subsidies and three Fifteenths This gave the Duke little Satisfaction so that the King himself became the Duke's Advocate and told the Commons in a Speech which you may read in Rushw fol. 225. that he came to inform the Commons of their Errors and unparliamentary Proceedings so that they might amend their Faults which was enlarged by my Lord Keeper Coventry who told them of the King's Necessities and his Patience in Expectation of Supplies and of the King's Promise of Redress of Grievances after Supplies were granted That the Enquiry upon sundry Articles against the Duke upon Câ—nanâ—n Fame was to wound the Honour and Government of his Majesty and of his renowned Father and therefore it was his Majesty's final and express Command that they yield Obedience to those Directions which they formerly receiv'd and cease their unparliamentary Proceedings against the Duke and leave to his Majesty's Care Wisdom and Justice the future Reformation of those things which they supposed to be otherwise than they should be and that the King took notice that they had suffered the greatest Council of State The Duke and Laud to be censured and traduced by Men whose Years and Education cannot attain to that Depth Why then were the old Members kept out of the House which could have better informed them and that the three Subsidies and three Fifteenths were no ways proportionable to supply the King's Necessities c. and concludes that his Majesty doubts not but after this Admonition they will observe and follow it which if they do his Majesty is most ready to forgive all that is past Then the King added that in his Father's time by their Perswasion he was their Instrument to break off those Treaties and that then no Body was in so great Favour with 'em as the Man they seem now to touch but indeed his Father's Government and his and that Parliaments are altogether in his Power for their Calling Sitting and Dissolution and as he finds the Fruits they are to continue or not to be But if the Commons Proceedings against the Duke were erroneous and unparliamentary and through the Duke's Sides wounded not only the King's Government but that of his renowned Father and that the young Men in this House of Commons had censured and traduced the King's highest Council of State you shall now hear of an old Statesman in the House of Lords which shall not only cease the Wonder which caused the Parliament in the 21st of King James so to applaud the Duke but shall wound the whole Story which begat that great Applause to the Duke You have heard before how the Earl of Bristol was stopp'd at Calais from coming over into England after his Return out of Spain and after he came to Dover when the Duke could not prevail upon Marquiss Hamilton and the Earl of Hertford to have the Earl sent to the Tower upon his Arrival in England how he was stopp'd by a Letter from the Lord Conway that he should not come to Court nor to the King's Presence till he had answered to some Queries which his Majesty would appoint some of the Lords of the Council to ask him which was not done till the Parliament was adjourned and never met more and how after King James's Death the Earl was not only kept from his Liberty and the King's Presence but removed from all his Offices and Employments and not suffered to come to an Account for the Moneys expended in the King's Service and not permitted to come to the Parliament which was dissolved at Oxford Upon the King's Summons of this Parliament the Earl petitions the King to have his Writ of Summons which was never denied to any Peer to assist in the House of Peers but he received an Answer by the Lord Conway That the King was no ways satisfied in it and propounded to the Earl Whether he would rather sit still and enjoy the Benefit of the late King's Pardon in Parliament or to wave it and put himself upon Trial for his Negotiation in Spain and one of these he must trust to and give a direct Answer The Earl in Answer said He had been already question'd upon 20 Articles by a Commission of the Lords and had given such Answers that their Lordships never met more about that Business and that he did not wave the Pardon granted by King James in Parliament These Letters you may read at large in Rushworth fol. 138 139 140. Hereupon the Earl petitions the House of Lords shewing that he being a Peer of this Realm had not received his Writ of Summons to Parliament and desires their Lordships to mediate with his Majesty that he may enjoy the Liberty of a Subject and the Privilege of his Peerage after almost two Years Restraint without any Trial brought against him and that if any Charge be brought against him he prays he may be try'd by Parliament Hereupon the Lords petition the King that not only the Earl of Bristol but all such other Lords whose Writs are stopt except such as are made uncapable to sit in Parliament by Judgment of Parliament or some other legal Judgment may be summoned This nettled the Duke to the quick so that he told the House the King had sent the Earl his Writ but withal deliver'd such a Letter which the King sent to the Earl which I care not to transcribe but you may read it in Rushworth fol. 241. wherein this great Statesman Buckingham would have the Earl judged and censured by the King without hearing the Earl and thereby forestal the Judgment of the Lords against the Earl It 's true indeed my Lord Keeper Coventry sent the Earl a Writ of Summons to attend in Parliament but withal signified by a Letter
might not another Parliament upon better Information alter what the Parliament 21 Jac. had done Which neither of these Parliaments did but granted and voted him and his Father greater Supplies than ever before were given to any of his Predecessors in three-fold the time But when the King enter'd into a View of his Treasure he found how ill provided he was to proceed effectually with so great an Action It seems by this one Action the King only designed the War against Spain But why does not the King set forth the Causes why his Treasure was so ill provided It was not ten Months before his Father's Death that the Parliament 21 Jac. which gave his Father three Subsidies and three Fifteenths was adjourned and his first Parliament gave him two Subsidies more within two or three Months after his Father's Death And what came of all this but the raising ten thousand Foot and two thousand Horse under Mansfield the Expedition against the Rochellers and to Cadiz to neither of which latter he was ever invited by his Father or any Parliament The King makes the â—lague to be the Cause of the Dissolution of the Parliament at Oxford yet he might as well have secured the Members by a Prorogation as Dissolution And in this Parliament he tells how the House of Commons voted him three Subsidies and three Fifteenths and after four Subsidies and three Fifteenths and of the Letter he sent them the 9th of June to speed the passing these Supplies and how that the House being abused by the violent and ill-advised Passion of a few Members never so much as admitted one Reading to the Bill of Subsidies but voted a Remonstrance or Declaration which they intended to prefer to him tho palliated with glossing Terms containing many dishonourable Aspersions upon his Majesty and upon the sacred Memory of his deceased Father which his Majesty taking for a Denial of the promised Supplies upon mature Advisement he dissolved them But from whence should this mature Advisement come We do not find the Privy Council had any hand in it and the House of Lords petitioned against it But lest the Credit of this Declaration should not find Faith enough against the Commons Representatives the King sends a Proclamation after it wherein he takes notice of a Remonstrance drawn by a Committee of the late Commons to be presented to him wherein are many things to the Dishonour of himself and his Royal Father of blessed Memory and whereby through the sides of a Peer of this Realm they wound their Soveraign's Honour and to vent their Passions against that Peer and prepossess the World with an ill Opinion of him before his Case was heard who hinder'd it had scatter'd Copies of it Wherefore the King to suppress such an unsufferable Wrong upon pain of his Indignation and high Displeasure commanded all who had Copies thereof to burn them But why was not the Duke's Cause heard and who dissolved the Parliament to prevent it Had not the Earl of Bristol answered every Particular of the King 's and Duke's Charge against him And was there not an Order of the House of Lords the Duke should answer the Earl's Charge against him Where is this Answer to be found and why was it not Now see the Justice of this King and how he made good his Promise in his Declaration that he would so order his Actions as should justify him not only in his own Conscience but to the whole World for the very Day the Parliament was dissolved he committed the Earl of Bristol Prisoner to the Tower and left the Duke free to pursue his ungodly Designs Here I 'll stay a little and add this Augmentation of Honour to the Escutcheon of this noble Earl notwithstanding this Usage For when the Long Parliament in 1640 had put a full Stop to the King 's Absolute Will and Pleasure which if it had not God only knows where it would have ended and after that this King's Flatterers and Favourites his Lord Keeper Finch and Secretary Winde-bank had run into other Countries to save themselves from being hanged in this and that the Earl of Manchester after he had flatter'd this King and his Father in all the Shapes of Earl Viscount Baron Lord Chief Justice Lord Privy Seal Lord Treasurer and Lord President of the Council and his Son and the Earls of Pembroke and Holland and both the Sir Henry Vanes Father and Son and Sir Henry Mildmay c. sided with the Parliament against the King yet this noble Earl followed the King in all his Adversity however he had been persecuted by him in his Prosperity The late Keeper as he gave his Opinion against the War with Spain in King James's Reign so did he against the Expedition against Cales in this King's Reign his Reason was which you may read in the second Part of his Life fol. 65. That the King must make himself sure of the Love of his own People at home before he bid War to such a rich and mighty Nation But the Keeper's Counsels were as much feared and hated by the Duke as Bristol's and the Commons Articles were against him and therefore he resolved to be rid of them all and pursue the King 's and his own Designs without any Controul and the very same Day the Parliament was dissolved he caused the Earl of Bristol to be committed to the Tower as you may see in Stow's Chronicle fol. 1042. Nor would he have his Renown and Valour less known abroad than his Justice at home and France shall now be the Theatre upon which he will act it in spight of Spain or the Parliament and Nation of England without whose Assistance he will act Wonders by his own Power and in Vindication of his own Honour however some Cause must be shewed by others since the Duke concealed the true Cause Rushworth fol. 427. makes the Causes of this War to begin between the Priests of the Queen's Family and the Bishops by Articles of Agreement upon the Marriage and that the Pope had declared them Apostates if they should seek for any Establishment from the King being an Heretick and that the Queen sided herein with the Priests against the King and that Unkindnesses hereupon grew between them so as the King informed his Brother of France he could no longer bear them And much to this purpose has Mr. James Howel in the Life of Lewis XIII fol. 75. But these were but Pretences for this War the Cause was of another Complexion And herein we will cite the Authority of the great Nani who had better Means to enquire into the Causes than either Rushworth or Howel and was not biass'd by Interest Affection or Flattery You have heard before of the Emulation between Richlieu and Buckingham and of their Inclinations for the Queen's Favour and of the Queen 's noble Aversions to them both but I think Nani was therein a little mistaken for if I be not misinformed as I think verily I
their Prince Notwithstanding the former Abuses of this Reign they proceeded with no Censures and Punishment of the King 's evil Ministers except Dr. Manwaring but only to represent to the King the Grievances of the Nation and did not impeach the Duke of Buckingham as they did in the last Parliament nor proceed upon it but only remonstrated to the King the Evils which the exorbitant Greatness of the Duke brought upon the King and Nation and how unsafe it would be to the Nation to grant Aids to the King which were misemployed for the exalting the Grandeur of the Duke However before they entred upon Grievances they voted the King five entire Subsidies which was the greatest Tax that ever was before given to any King of England at once and to be paid in the shortest time Now let 's see tho but in Epitome how these things were changed and what Returns the King made the Parliament and Nation The Unanimity of the Commons in the Gift was not less than the Gift was great being nemine contradicente which so pleased the King that he sent them word by Secretary Sir John Cooke that he would deny them nothing of their Liberties which any of his Predecessors had granted them Then the Commons fell upon Grievances and voted the Imprisonment of any Free-man by Warrant from the King or Council without a Cause alledged to be a Grievance and that the raising Monies by Loan and imposing an Oath upon the Subject to discover the Value of his Estate the Billeting of Soldiers and exercising Martial Law in time of Peace were Grievances Then several Debates arose in the House how the Subjects should be secured against these in time to come And upon the Motion of Sir Edward Coke the House agreed to sue to the King by Petition the most antient and humble Address in Parliament that his Majesty would give his People Assurance of their Rights by Assent in Parliament as he uses to pass other Acts. And hereupon the House ordered Sir Edward to draw a Petition accordingly The House agreed to the Petition and ordered Sir Edw. Coke Sir Dudley Diggs Mr. Selden and Mr. Littleton to carry it up to the Lords The Duke of Buckingham and his Creatures were zealous to stop the Petition in the House of Lords but he was much fall'n from his Lustre since his dishonourable Expedition to the Isle of Rhee last Summer and his Expedition to Cales So as his Sway in the House of Peers was much abated Besides the Bishops were not at this time all of a piece for Arch-bishop Abbot urged his own Case how he was banished from his Houses at Croydon and Lambeth while the Duke was prosecuting his Voyage to the Isle of Rhee and confined to a moorish Mansion-place at Ford to kill him and debarred from the Management of his Jurisdiction and no Cause given for it And Dr. Williams gave most learned and elegant Arguments for the Petition which you may read at large in the second Part of the History of his Life fol. 77 78 79. But this stuck close to him that neither the King nor Laud ever after forgot it which you may read fol. 96. tit 93. The Lords would not proceed to any determinate Vote before they had heard the King's Counsel against the Petition and the Commons Defence of it wherein no less time was spent than six Weeks The Managers for the Petition were Sir Edward Coke Mr. Selden Sir Dudley Diggs Sergeant Glanvile Sir Henry Martin and Mr. Mason Besides Magna Charta the Commons fortified the Petition of Right with six other Acts of Parliament explanatory of Magna Charta viz. The Statute made in the Reign of Edward I. commonly called Statutum de Tallagio non concedendo the Statute of 25 Edward III. where it is declared That from thenceforth no Person shall be compelled to make any Loans to the King against his Will because such Loans were against Reason and the Fanchise of the Land The third was the Statute of 28 Edward III. That no Man of what Estate or Condition soever should be put out of his Lands or Tenements nor Taken nor Imprisoned nor Disherited nor put to Death without being brought to Answer by due Process of Law The fourth Statute the 25 Edw. III. 9. and the sixth 9 Hen. III. 29. against exercising Martial Law in times of Peace These Statutes were so well managed by the Commons in Defence of the Petition that Sir Robert Heath who was Attorney-General and the rest of the King's Counsel pleading tho eagerly yet impertinently had nothing to say materially against them but submitted to the Judgment of the Peers However the Lords before they would put the Vote entred into a Committee of the whole House when my Lord Say moved That those Lords who stood for the Liberties of the Nation might make their Protestation and that to be upon Record and that the other opposite Party should with the Subscriptions of their Names enter their Reasons to remain upon Record that so Posterity might not be to seek who they were that so ignobly betrayed the Freedom of our Nation and this done they should proceed to Vote This struck such a Daunt upon the other Party that not one of them opposed it The Lords agreed to the Petition of Right but with this Addition or Saving We present this our humble Petition to your Majesty with the Care not only of preserving our Liberties but with due Regard to leave entire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People But the Lords did not make any determinate Vote in it but sent it to the Commons to advise upon The Bishop of Lincoln was a great Stickler for this Addition to qualify what he had said before in the Defence of the Petition which did him no good the other sticking alta mente When this Addition or Saving came down to the Commons Mr. Noy said To add a Saving is not safe doubtful Words may beget ill Construction and the Words are not only doubtful and Words unknown to us but never used in any Act or Petition before And Sir Edward Coke said This is the Multum in parvo this is propounded to the Conclusion of our Petition it is a Matter of great weight and to speak plain it will overthrow all our Petition it trenches on all the parts of it it flies at Loans at the Oath at Imprisonment and Billeting of Soldiers this turns all about again Look into all Petitions of former times they never petitioned wherein there was a Saving of the King's Soveraignty I know Prerogative is part of the Law but Soveraign Power is no Parliamentary Word In my Opinion it weakens Magna Charta and all our Statutes for they are absolute without any Saving Power and should we now add it we shall weaken the Foundation of the Law and then the Building must needs fall Take we heed what we yield unto
Magna Charta is such a Fellow that he will have no Soveraign I wonder this Soveraign was not in Magna Charta or in the Confirmations of it If we grant this by Implication we give a Soveraign Power above all these Laws Power in Law is taken for a Power with Force The Sheriff shall take the Power of the County what is meant here only God knows It is repugnant to our Petition grounded on Acts of Parliament Our Predecessors could never endure a Salvo jure suo no more than the Kings of old could endure for the Church Salvo honore Dei Ecclesiae We must not admit this and to qualify it is impossible Let us hold our Privileges according to the Law that Power which is above this is not fit for the King or People to have it disputed further I had rather for my part have the Prerogative acted and I my self lie under it than have it disputed Sir Thomas Wentworth said If we admit of this Addition we leave the Subject worse than we found him and we shall have little Thanks for our Labour when we come home Let us leave all Power to his Majesty to punish Malefactors but these Laws are not acquainted with Soveraign Power We desire no new thing nor do we offer to trench upon his Majesty's Prerogative We may not recede from our Petition neither in part or whole Mr. Selden said Let us not go hastily to the Question if there be any Objections let any propound them and let others answer them as they think good If it the Saving hath no Reference to our Petition what does it here I am sure others will say it hath Reference and so must we how far it does exceed all Examples of former times no Man can shew the like Then he shews the manifold Statutes besides Magna Charta wherein is no such Saving And whereas Mr. Speaker said The King was our Heart and ever shall be but then Mr. Selden said We spake of the King's Prerogative and we are bound to say so but when we speak of our Rights we are not to be imprisoned Saving but by the King 's Soveraign Power Say my Lands without any Title be seized into the King's hand and I bring a Petition of Right and I go to the King and say I do by no means seek your Majesty's Title and after that I bring a Petition or Monstrance de droit setting forth my own Right and Title and withal set down a Saving that I leave entire his Majesty's Right it would be improper Then he cites many Statutes wherein there are Savings but no ways pertinent to this which you may read at large in Rushworth ' s Collections and Franklin ' s Annals And in truth it troubles me I am forced to curtail this not only in Mr. Selden but other Noble Persons by reason the Treatise would swell to a greater Bulk than I designed it The Lords afterwards had a Conference with the Commons to fortify their Addition managed by my Lord Keeper which was answered by Mr. Mason And after that the Commons desired another Conference with the Lords and ordered Serjeant Glanvile to argue the legal part of the Petition and Sir Henry Martin the rational part of it which they did so well that at a Conference May 26. 1628 between both Houses the Lord Keeper from the Lords told the Commons the Lords agreed with them in omnibus of their Petition only in the Alteration of two Words viz. Means for Pretext and for the Word unlawful not warrantable by the Laws and Statutes of the Realm The Houses thus happily accorded the Petition with the foresaid Amendments were read two several times in the House of Commons and then upon the Question voted to be engrossed and read a third time and the House to sit in the Afternoon till it was engrossed and read and ordered to be presented to the King in which there was not one Negative And the Bill for the Subsidies was read a second time and committed and upon Wednesday the 28th the Lords and Commons had a Conference about the Manner of Delivery of the Petition and Sir Edward Coke reported that their Lordships were agreed That no Addition or Preface be used to the King but that the Petition be preferred to his Majesty by the Command of the Lords and Commons and that his Majesty by be desired to the Content of his People he would give his Gracious Answer in full Parliament In all these Transactions the King was very uneasy fain he would have the Money yet was unwilling to answer the Petition The House was aware of this and therefore agreed the Petition before they would pass the Money-Bill Upon the 12th of April the King by Secretary Cook acquainted them of the Necessity of Supply and expected some Fruit of what was so happily begun but finding a Stop beyond all Expectation of so good a Beginning the Secretary was therefore commanded to tell them That without any further or unnecessary Delay they proceed in this Business and bid them therefore take heed that they force him not to make an unpleasing end of that which was so well begun And two Days after the Secretary quickned the Business of this Supply again Upon the 2d of May the King sent a Message by Secretary Cook That as he would rank himself amongst the best of Kings wherein he has no Intention to invade or impeach our lawful Liberties so he would have them to match themselves with the best of Subjects not by encroaching upon that Soveraignty or Prerogative which God had put into his hands for their Good and that this Sessions of Parliament must continue no longer than Tuesday come Seven-night at the farthest and that his Royal Intention is to have another Session at Michaelmas next for the perfecting such things as cannot now be done Now let 's see how unwillingly the King was brought to pass the Petition Upon the 16th of May Secretary Cook pressed the House to rely upon the King's Word and that the King promised to govern them by the Laws and that they shall enjoy as much Freedom as ever and that this might be debated in the House but Sir John Elliot answered that the Proceedings in a Committee is more honourable and advantagious to the King and House with whom the House agreed In the Debate of this Committee some were for the Bill to rest but Sir Edward Coke ' s Reasons prevailed to the contrary Was it ever known said he that General Words were a sufficient Satisfaction to particular Grievances Was ever a Verbal Declaration of the King Verbum Regni When Grievances be the Parliament is to redress them Did ever Parliament rely on Messages They put up Petitions of their Grievances and the King answered them The King's Answer is very gracious but what is the Law of the Realm that 's the Question I put no Diffidence in his Majesty the King must speak by Record and in
Particulars not in General Did you ever know the King's Message to a Bill of Subsidies all succeeding Kings will say You must trust me as well as you did my Predecessors and trust my Messages but Messages never came into a Parliament Let us put up a Petition of â—â—ight not that I distrust the King but that I cannot take his Trust but in a Parliamentary way Hereupon the Commons desired a Conference with the Lords which was managed by Sir Edward Coke who said My Lords it is evident what necessity there is both in respect of your selves and your Posterity to have good Success in this Business we have acquainted your Lordships with the Reasons and Arguments and after we have had some Conference we have received from your Lordships Propositions and it behoves us to give your Lordships some Reasons why you have not heard from us before now for in the mean time as we were consulting this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just Freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we shall find much Confidence in his Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever Subjects have done in former times 5. That whether we think fit either by Bill or otherways to go on in this great Business his Majesty would be pleased to give way tâ— it These gracious Messages did so work upon our Affections that we have taken it into deep Consideration My Lords what we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way would be our most secure way nay yours We did think it the safest way to go on in a Parliamentary Course for we have a Maxim in the House of Commons and written in the Wall of our House That old Ways are the safest and surest Ways And at last we did fail upon that which we think if your Lordships did consent with us the most antient of all and that is my Lords the Via fausta both to his Majesty to your Lordships and to our selves For my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis That is a high Point of Honour but this must be done by the Lords and Commons and assented to by the King in Parliament This is the greatest Obligation of all and this is for the King's Honour and our Safety Therefore my Lords we have drawn the Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous Consent of all the Commons and there is great reason your Lordships should do so for your Lordships be involved in the same Danger and then the Petition was read Upon the 20th of May the King wrote a Letter to the House of Lords wherein he said That as he had given leave to free Debates upon the highest Points of his Prerogative Royal which in the times of his Predecessors were ever restrained as Matters they would not have discussed yet he finds it insisted upon that in no Cause whatsoever he and his Council could commit without Cause shewed which if granted would dissolve the Frame of the Monarchy That as he had made fair Propositions to the Commons which might easily preserve the Liberty of the Subject so he thought good to let their Lordships know that without the overthrow of the Soveraignty he could not suffer his Power to be impeached yet that he will extend it beyond the just Rule of Moderation c. which he thought good to signify the rather to shorten the long Debates upon this great Question the Season of the Year being so far advanced and his great Occasions of State not lending many more days for the continuance of the Session The same day the Lords communicated the Letter to the Commons upon which Sir Thomas Wentworth said it was a Letter of Grace but the People will only like that which is done in a Parliamentary way and the Debate upon it would take up much time neither was it directed to the Commons and the Petition of â—ight would clear all Mistakes for some give out as if the House weâ—â— to pinch the King's Prerogative and so the Letter was laid aside These were while the Petition was in debate and before it was agâ—â—ed to by both Houses but after it was agreed upon the second of June the King came into the House of Lords and having sent for the Commons said Gentlemen I Am come hither to perform my Duty I think no Man can think it long since I have not taken so many days in answering your Petition as you have spent Weeks in framing it I am come hither to shew you that as well in formal Things as in essential I desire to give you as much Content as in me lies Then the Lord Keeper said MY Lords and ye the Knights Citizens and Burgesses of the House of Commons the King hath commanded me to say unto you That he takes it in good part that in Consideration of settling your own Liberties ye have generally professed in both Houses that ye have no intention to lessen or diminish his Majesty's Prerogative wherein as ye have cleared your Intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are most equal and known to be so These cannot be in a more happy State than when your Liberties shall be an Ornament and Strength of his Majesty's Prerogative and his Prerogative a Defence of your Liberties in which his Majesty doubts not but that both he and you shall take a mutual Comfort hereafter and for his part he is resolved to give an Example in using his Power for the Preservation of your Liberties that hereafter you shall have no cause to complain and that they here read their own Petition and his Majesty's gracious Answer Then the Petition was read to which the King answered The King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due Execution that his Subjects may have no cause to complain of any Wrong or Oppressions contrary to their just Rights and Liberties to the Preservation of which he holds himself in Conscience as well obliged as of his Prerogative This Answer no ways satisfied the Commons whereupon Sir John Elliot made a pathetick and lively Representation of the Grievances of the Nation within and of the Danger and Weakness of it by the Mismanagement and Abuse of the King's Ministers and therefore wished that it might so stand with the Wisdom and Judgment of the House that these Dangers and Grievances
of Right the King as Norton the Printer said commanded the printing of the Petition with other Additions besides the King's Answer and that he had printed 1500 Copies with the King's Answer without the other Additions but these were suppressed by Warrant and the Attorney General commanded no more should be printed and those which were should not be divulged These were the Just and Religious Acts of this pious King and can any Man believe the Parliament at their Meeting should without Breach of a publick Trust sit still and not represent these things to the King The Parliament did meet according to their Prorogation the 23d of January 1628. and debated these Practices against Church and State which hapned since the 26th of June before but now see the Artifice of this little Prince rather than hear of any thing in this kind he commands the Speaker Sir John Finch the late Lord Chancellor Finch's own Uncle to put no Question upon Debates of Grievances So that the House could do nothing but sit still or adjourn and this continued till the 2d of March when the Commons met and urged the Speaker to put the Question concerning Grievances who answered I have a Command from the King to adjourn the House till the 10th of March and put no Question and endeavouring to go out of the House he was held by some Members till the House had made this Protestation 1. Whosoever shall bring in Innovation of Religion or by Favour or Countenance seem to extend or introduce Popery or Arminianism or other Opinions disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom or Common-Wealth 2. Whosoever shall counsel or advise the taking or levying the Subsidies of Tunnage and Poundage not granted by Parliament or shall be an Actor or Instrument therein be likewise reputed an Innovator in the Government and a Capital Enemy to the Kingdom and Common-wealth 3. If any Merchant or Person whatsoever shall voluntarily yield or pay the Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a betrayer of the Liberties of England and an Enemy to the same This Act consisted in two Parts the Speaker and the House the Speaker's of three Parts a Command by the King to put no Question to adjourn till the 10th of March and an endeavour to go out of the House In the former Session of this Parliament Secretary Cook the 10th of April from the King desired the House not to make any Recess those Easter Holy-days that the World may now take notice how earnest his Majesty and We were for the publick Affairs in Christendom which would receive Interruption by this Recess To which Sir Robert Phillips answered that the 12th and 18th Jac. the House resolved it was in their Power to adjourn or sit and that this may be put upon them by Princes of less Piety and that a Committee consider of the House's Right Sir Edward Coke said the King makes a Prorogation the House adjourns it self That a Commission of Adjournment the House never read but say the House adjourns it self yet here the Speaker verbally says I am commanded by the King to adjourn till the 10th of March. His second Command was to put no Question So here was a Speaker which might not speak what did he there then He sits there by the King in his Highest and Regal Capacity under the broad Seal to put the Question and now if you 'll take his Word he says he has a Command from the King to put no Question The third Act was his Endeavour to go out of the House which the House conceiving him to be their Servant would not suffer Here you may understand that the King had privately made Peace with France though not proclaimed at Paris till June following and soon after with Spain so that in his Speech this meeting he did not begin with The Times are for Action and the Eyes of all the World are upon us and therefore demands Supplies in the first place but that without loss of Time they would pass the Bill of Tunnage and Poundage but the House seeing the Dangers of the Church and State in not only pardoning but preferring Mountague and Manwaring and seizing Merchants Goods and imprisoning their Persons even in this Recess they resolve to secure their Religion and redress Grievances before they grant the Customs of Tunnage and Poundage in both they could not but take notice of the Orders of the Star-Chamber Privy-Council Judges and Customers And these were the Invasions upon the King's Perogative Royal which for the future he resolved never to suffer yet he shall live to hear more of them But in regard it may seem strange that Customs of Tunnage and Poundage ever since the Reign of Richard the 3d had been granted to the Kings and Queens of this Realm for securing the Soveraignty of the narrow Seas and of the English Merchants yet was not granted to this King The Reason was this the House of Commons in their Grievances in the two first Parliaments of this King and the former Sessions of this complained that the Duke of Buckingham being Lord High Admiral of England neglected to guard the Seas to the Dishonour of the King and endangering the Trade of England and feared if the Duke were not removed the End designed by the Parliament would be diverted to supply the intolerable Pride and Luxury of the Duke but the King rather than endure this dissolved the two former Parliaments and prorogued this when they were upon settling the Duties of Tunnage and Poundage That the Parliament had Reason for this it appears in their Charge against the Duke in the 2d Year of this King and that in ten Years time he had received of King James and this King 284395 l. besides the Forest of Leyfield the Profits of the third of Strangers Goods and the Profits of the Moiety of the Customs of Ireland besides the Tricks he used to get Money as he was Lord High Admiral of England and Ireland Master of the Horse Lord Warden Chancellor and Admiral of the Cinque Ports and the Members thereof Constable of Dover Castle Justice in Eyre of all his Majesty's Forests and Chases on this side of Trent Constable of Windsor Castle and Gentleman of the King's Bed-Chamber To these might have been added the Duke's Venality in selling all Places in Church and State at least preferring such Men in Church as should propagate Arminianism and such Judges as shall do what the King and he bid them Objection But the Duke was now dead in this Session of Parliament and so the Reason ceasing the Duties of Tunnage and Poundage ought to have been granted Answer The King would not suffer the Commons to come at it neither in the last Sessions nor this for the Religion of the Church of England and the Laws and Liberties of the Subject being so shaken in this Recess the Commons
Provision made for him The 6th is That if a Corporation maintain a Lecturer that he be not permitted to preach till he take care of Souls within the Corporation How this can be I don't understand unless the Lectuâ—er have a concurring or distinct Power from the Incumbent The 7th is That none but Noble-men and Men qualified by law may keep Chaplains Yet in your Religious Care you take no care how otherways they may subsist The 8th is That Emanuel and Sydney Colleges in Cambridg which are the Nurseries of Puritanism may be from time to time furnished with Grave and Orthodox Men for their Governors viz. Such as shall do the Arminian Work without any regard to the Statutes of the College All these Considerations must be taken for Acts of the Church of England and a Neglect or Breach of them sufficient for an Information in the High Commission where he is assured he shall shortly judg and therefore his Majesty in the 9th Consideration 〈◊〉 to countenance the High Commission by the Presence of some of the Privy-Council at least so often as any Cause of Moment is to be settled The 10th Consideration is That Course may be taken that the Judges may not send so many Prohibitions Which if they do from any of his Censures in the High Commission he will proceed against them by Excommunication Thus you see this Icarus is not only content to take a Flight out of his Diocess but over the whole Provinces of York and Canterbury in Ecclesiastical Affairs and extends it as he pleases over the Civil These were the Seeds which this Bishop planted while he was Bishop of London you may be sure he 'll reap a good Crop now he 's become Metropolitan of all England During the time of his being Bishop of London he was look'd upon as the Rising Sun which the flattering Students in both Universities worshipped but after he became Arch-Bishop the Learning of both Universities were Brawls about Arminian Tenents in the Schools and Sermons The Arminians treating their Opponents with all taunting and reproaching Terms and if their Opponents retorted they were had up into the High Commission where the Arch-Bishop presided assisted by his Ecclesiastical Judges and Ministers of the Prerogative Court and some of his Majesty's Privy-Council but I do not read of one cited for maintaining Arminian Tenents It 's scarce credible how the Business of this Court the Star-Chamber and Council-Table swelled and what cruel and unheard of Censures were made especially in the Star-Chamber against all sorts of People who did offend either against the King's Prerogative Royal or the Arch-bishop's Injunctions which must be obeyed as Articles of the Church of England The Thunder of them was not restrained within the Bounds of England but terrified almost all Scotland who were bitter Enemies to Arminianism At this time of day the Court-Bishops disclaimed all Jurisdiction from the King in Bastwick's Censure who was to pay 1000 l. Fine to be excommunicated debarr'd of his Practice of Physick his Books to be burnt and his Person imprisoned till he made a Reclamation and all this for maintaining the King's Prerogative against the Papacy See Whitlock's Memoirs The Bounds of England were too narrow to restrain this Man's Ambition and therefore before he had been two Months Arch-bishop viz. the 8th of October 1633. he advised the King 〈◊〉 make a Reformation in the Church of Scotland not by Confeâ—â— in Parliament but by his Prerogative Royal the Beginning 〈◊〉 this Reformation must begin at the King's Chappel Royal wheâ— the English Service the Surplice and the receiving the Sacramentâ— is enjoined and that the Lords of the Privy Council the Lord of the Sessions and the Advocate Clerks Writers to the Privâ— Signet and Members of the College of Justice be commandeâ— to receive the Sacrament once every Year in the said Chappeâ— and the Dean to report to the King who does or who does 〈◊〉 obey and the Arch-bishop had a Warrant from the King to 〈◊〉 Correspondence with the Bishop of Dunblane and to communicate to him his Majesty's farther Pleasure herein And so we leave the Affairs of the Church here for a while and see how Affairs stood in the State since the Dissolution of the last Parliament In the last Parliament among many famous Members Sir Thomas Wentworth and Mr. Noy excelled Sir Thomas for his admired Parts and natural and easy Elocution Noy as a most profound Lawyer both zealous Patriots for the Rights and Liberties of the Subject And upon the 12th of February 1628. when the Debates for granting Tunnage and Poundage to the King was in the House of Commons Mr. Noy argued We cannot safely give unless we be in Possession and the Proceedings in the Exchequer be nullified as also the Information in the Star-Chamber and the Annexion to the Petition of Right for it will not be a Gift but a Confirmation neither will I give without the Removal of these Interruptions and a Declaration in the Bill that the King has no Right but by our free Gift if it will not be accepted as it is fit for us to give we cannot help it if it be the King 's already we do not give it So that these two must be reckoned among those Vipers which the King declared at the Dissolution of the Parliament and must look for their Reward of Punishment The Reward of Punishment which these two Vipers had was that Sir Thomas Wentworth was made Lord President of the North and Mr. Noy Attorney General Sir Thomas strained the Jurisdiction so high that it proved the Ruin of the Court and the Rise of the Fame of Mr. Edward Hâ—de after Chancellour of England for the Speech he made in 1641 against the Abuses committed in it whilst Sir Thomas was President and Noy now he is become Attorney is become the most intimate Confident of the Arch-bishop and as forward in Informations in the Star-Chamber High Commission and Council-Table as Sir Robert Heath was who is made Chief Justice in the Common Pleas to make room for Noy to be Attorney General But while the King was erecting this new Principality over his Subjects which none of his Ancestors or Predecessors before his Father and himself ever pretended to in England it 's fit to look a little abroad and see how the Case stood there The Dutch the next Year after that his Father had given up the Cautionary Towns which Queen Elizabeth kept and delivered up to him by her Death well knowing the Poverty of King James and the ill Terms between the King and his Subjects took the Boldness to fish upon the Coasts of England and Scotland with their Busses and other Vessels guarded by Men of War in Defiance of him and now Grotius no doubt set on work by some of his Country-men perceiving how intent King Charles was in erecting his new Dominion over his Subjects that he became careless of all his Foreign Affairs took the Impudence to
Protestation wherein they Promise Vow and Protest in the Presence of God to maintain the true Protestant Religion expressed in the Doctrine of the Church of England and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Power and Privilege of Parliament and Liberties of the Subjects and to preserve the Union and Peace between the Kingdoms of England Scotland and Ireland but herein was the Difference between the Scots and English the Scots would improve their Covenant and establish it in England but the English scarce ever after care for their Protestation However the Commons prevail with the Lords to take it and then impose it upon the Nation upon the Penalty of being deemed Malignants and Disaffected The King little pleased with what he had done and less with what the Houses had done without him follows the Scots into Scotland and there cajoles the Covenanters with all Courtship imaginable makes Lesley the Scots General Earl of Leven and confers other Honours upon the Covenanters calls a Parliament and consents to the Extirpation of the Hierarchy and establishes Presbytery as fully as the Kirk of Scotland could desire The Scots at present promise all Duty and Obedience to him but how well the King found it in a short time will appear Whilst the King was thus busied in Scotland a horrible and hellish Massacre was perpetrated in Ireland by the Irish upon the English wherein it 's computed above 200000 Protestants Men Women and Children were butcher'd after which followed an universal Rebellion excepting in Dublin Londonderry and Inniskillen which was headed by the Pope's Nuncio a most proper Head for such a Body Yet so intent were the Factions in England and Scotland in establishing their Designs that little care was had of the miserable Relicks of the Protestants in Ireland It appears evident to me that Richlieu's Scarlet was deep dy'd in the Blood of the poor English in this Massacre for these Reasons 1. That the Scots who at this time were Pensioners to France were not medled with in their Lives and Fortunes as you may see in Sir Richard Baker f. 315. a b. 2. The King being in Scotland when he heard of the Massacre of the English and Rebellion of the Irish he moved the Parliament of Scotland then sitting for a speedy Relief to the English which they refus'd And it 's strangely observable That tho the Massacre and Rebellion in Ireland brake out the 23d of October yet the King did not proclaim them Rebels till the first of January and then by Proclamation gave a strict Command that no more than forty of them should be printed and that none of them should be published till his Majesty's Pleasure was further signified Upon the King's going into Scotland the Parliament prorogued themselves to a certain Day But the Commons appointed a Committee to prepare Business against their next Meeting yet send Spies to observe all the King's Actions and after the King 's Return to London which was upon the 25th of November 1641 the House of Commons upon the 5th of December make a Remonstrance of all the King's Miscarriages abroad and of the Grievances and Illegalities of his Ministers at home from the beginning of his Reign and that the King might be sure to see it as well as hear of it they print and publish it The King not being used to such Language was stung to the quick by the Commons Declaration and to retaliate it in Act upon the third of January enters the House of Commons and demands five of their Members to be tried for High Treason for holding Correspondence with the Scots Than which he could not have done a more imprudent Act for by it he unravelled all that he had done in Scotland by involving the Scots in the same Crime But the Members had their Agents in the King 's most secret Councils and had notice of the King 's coming before and so the five Members were withdrawn This Act of the King did not only set the House in a Flame and put the City into Tumults but brought Petitions from Buckingham-shire where Mr. Hambden one of the Five Members was Knight that the Privileges of Parliament might be secured and Delinquents brought to condign Punishment All this while poor Ireland lay bleeding The King as unstable in his Resolutions as inconsiderate in his Actions retracts all he had done and promises not to do so again But to no purpose for the Members resolve not to trust his Royal Word Prerogative and absolute Will and Pleasure and therefore will tear the Power of the Militia from him Rather than suffer this tho upon the Pretence of Tumults the King resolves to leave London But before the King left London my Lord Mayor Sir Richard Gurney Sir George Whitmore Sir Henry Garoway and other principal Citizens waited upon the King and engaged if he would stay they would guard him with 10000 Men if occasion were and told him If he went he would leave the City open for the Members to do as they pleased and that they were sure to be first undone the King told them he was resolved Then Sir Henry Garoway said Sir I shall never see you again However his Eldest Son Mr. William Garoway a worthy Gentleman who yet lives went with the King and followed him in all his Wars The worthy Citizens proved true Prophets for soon after the King left London the Members imprisoned my Lord Mayor Sir Henry Garoway Sir George Whitmore and all others whom they suspected would be faithful to the King and then in London began to assume the Power of the Militia After the King left London he went to York and from thence went towards Hull but is shut out of the Town by Sir John Hotham whom the King proclaims Traitor and now before it came to Sword and Pistol Men began a War with their Pens And herein it is observable that the Writers for the King chiefly maintained his Cause out of Sir Coke's Pleas of the Crown which by Order of the King's Council was upon Sir Edward's Death-Bed seized as dangerous and seditious and I do not find any who wrote for the Parliament ever used any one Topick out of it to justify their Cause tho it and Sir Edward's other Books of the Comment upon Magna Charta and Jurisdiction of Courts were printed by Order of the House of Commons and by them petitioned that the King would deliver the Originals to Sir Robert Coke Sir Edward's Heir Whilst things were in this Hurly-burly in England Portugal and Catalonia revolt from the Spaniard which as it was a mighty Blow to Spain so it much conduced to the Advancing the Designs of Cardinal Richlieu in France In England things could not hold long at this Stay but upon the 22d of August the King comes to Nottingham and hastily sets up his Standard there and invites all his loving Subjects to come to his Assistance against the Rebels
and before his Answer made to it which came forth shortly after to all the Heads of it Now let any shew a Precedent when one State in Parliament appealed to the People and arraigned the King and the other two States unheard and against the King's express Desire and he shall be my great Apollo And if the End be first consider'd in every Action what could be the End of publishing this Remonstrance Or how could it tend to the settling the Distractions of the Kingdom I make this difference between Reproof and Reproach Reproof is privately to admonish another of such Speeches and Actions as tend to the hurt of his Reputation and Fortune so as this other may avoid them for the future Reproach is to divulge the Speeches and Actions of another to the lessening of the Fame and Credit of that other Reproof is the Act of a Friend Reproach of an Enemy And was this a time of day for the Commons thus to reproach the King for his past Actions after he had redressed all their Grievances and given up his Evil Counsellors to their Justice Or was it ever known before that when the King had redressed Grievances they should be after rip'd up to reproach him The first Effects of this Remonstrance Mr. Whitlock mentions is That during this time and taking the opportunity from these Differences between the King and Parliament divers of the City of the meaner sort came in great Numbers and Tumults to Whitehall where with many unseemly and insolent Words and Actions they incensed the King and went from thence in like Posture to Westminster behaving themselves with extream Rudeness towards some of the Members of both Houses and tho the King sent to the Lord Mayor to call a Common Council to prevent these riotous Assemblies yet I do not find the Commons took any Care herein and how these Actions of the Commons tended to settle the Distractions of the Nation or the Relief of Ireland let any impartial Man judg But of all this Mr. May takes no notice yet does of the Parliament's petitioning the King for a Guard for the Security of their Persons being informed of a Plot contrived against them such another as that of Scotland and the Earl of Essex to command it which tho the King denied he promised to take care for their Safety Since Mr. May had no better luck with his Scotish Plot he 'll be sure of one now by the King 's entring into the House of Commons attended by 300 Gentlemen and seated in the Speaker's Chair and demanded five Members viz. Mr. Hollis Sir Arthur Haslerig Mr. Pym Mr. Hambden and Mr. Stroud to a fair Trial and would be as careful of their Privileges as ever any King of England was But in regard Mr. May is so short and partial in this we 'll state the Case as reported by Mr. Whitlock f. 50. a. The King being informed that some Members of Parliament had private Meeting and Correspondence with the Scots and countenanced the late Tumults from the City he gave a Warrant to repair to their Lodgings and to seal up the Trunks Studies and Chambers of the Lord Kimbolton Mr. Pym Mr. Hambden Mr. Hollis Sir Arthur Haslerig and Mr. Stroud which was done but their Persons were not met with The King caused then Articles of High Treason and other Misdemeanours against those five Members to be exhibited 1. For endeavouring to subvert the Fundamental Laws and Government and deprive the King of his Legal Power and to place on Subjects an Arbitrary and Tyrannical Power by foul Aspersions on his Majesty and Government to alienate the Affections of his People and 〈◊〉 make him odious 2. To draw his Army to Disobedience and to side with them i◠their Traiterous Designs 3. That they traiterously invited and encouraged a Foreign Power t◠invade England 4. That they traiterously endeavoured to subvert the very Right and Being of Parliament 5. For endeavouring to compel the Parliament to join with them 〈◊〉 their Traiterous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament This great Breach of Parliament-Privilege Mr. May says happened in a strange time to divert the Kingdom from relieving Ireland And did not the Commons Remonstrance against the King and House of Lords do so too And when Men especially Princes are reproached and defamed regular Actions are not always consequent The Censures of the King's Act was variously scanned by Men of different Affections The Royalists said Privilege of Parliament extends not to Treason Felony or so much as Breach of the Peace And the Commons frame and publish a Declaration That there was never such an unparallell'd Action of any King to the Breach of all Freedom not only in the Accusation of their Members ransacking and searching their Studies and Papers and seeking to apprehend their Persons but now in a Hostile Way He the King threatned the whole Body of the House This was Jan. 5. 1641. And after the Commons published another Vote That if any arrest a Member of Parliament by Warrant from the King only it is a Breach of Privilege and that the coming of Papists and Souldiers to the number of 500 armed Men Mr. May says but 300 and Mr. Whitlock says with his Guard of Pensioners and follow'd by about 200 of his Courtiers with the King to the House was a traiterous Design against the King and Parliament They vindicate the five Members and declare That a Paper issued out for apprehending them was false scandalous and illegal How could they tell before they heard both Parties and they ought to attend the Service of the House and require the Names of those who advised the King to issue out that Paper and the Articles against the five Members Which if the King had done they would have been exposed to more Violences of the Rabble than those which befel the Bishops and other Members of Parliament by a great Number of Persons which came from the City to Westminster where they offered many Affronts to the Bishops and others in a tumultuous manner See Whit. Mem. f. 51. a. But of this no notice was taken by the Commons or Lords that I can find so that as the Temper of the Times then went it was a notorious Breach of Privilege in the King to demand five Members to answer Articles of High-Treason but none in the Rabble in a tumultuous manner to affront and use Violence to the Bishops and others who were coming to do their Duties and Service in Parliament These Actions Mr. May p. 41. calls petitioning by the Rabble and many times to utter rude Speeches against some Lords whom they conceived to be evil Advisers of the King which however it was meant produced ill Consequences to the Commonwealth and did not so much move the King to be sensible of his grieving the People as arm him with an Excuse of leaving the Parliament and City for fear of what might
of Contention and so it is taken in the Accord of the two Kingdoms Whether Lieutenant Gen. Cromwel be such an Incendiary between the two Kingdoms as is meant by this Word cannot be known but by Proofs of his particular Words and Actions tending to the kindling of this Fire of Contention between the two Nations and the raising of Difference between us If it do not appear by Proofs he has done this he is not an Incendiary but if it can be made out by Proofs that he hath done this then he is an Incendiary and to be proceeded against for it by the Parliament upon his being thus accused for those things This I take for a Ground That my Lord General and Lords Commissioners of Scotland being of so great Honour and Authority as you are must not appear in any Business especially of an Accusation but such as you shall see before-hand clearly will be made out and be brought to the Effect intended Otherwise for such Persons as you are to begin a Business of this Weight and not to have it so prepared before-hand as to be certain to carry it but to be put to a doubtful Trial in case it should not succeed as you expect but that you should be foiled in it it would reflect upon your great Honours and Wisdom Next As to the Person who is to be accused as an Incendiary it will be fit in my humble Opinion to consider his present Condition and Parts and Interest wherein Mr. Maynard and my self by our constant Attendance in the House of Commons are the more capable to give an Account to your Lordships and for his Interest in the Army some Honourable Persons here present his Excellency's Officers are best able to inform your Lordships I take Lieutenant General Cromwel to be a Gentleman of Quick and Subtile Parts and one who hath especially of late gained no small Interest in the House of Commons nor is he wanting of Friends in the House of Lords nor of Ability in himself to manage his own Part or Defence to the best Advantage If this be so my Lords it will be more requisite to be well prepared against him before he be brought upon the Stage lest the Issue of the Business be not answerable to your Expectations I have not yet heard any Particulars mentioned by his Excellency nor by my Lord Chancellor or any other nor do I know any in my private Observations which will amount to a clear Proof of such Matters as will satisfy the House of Commons in the Case of Lieut. Gen. Cromwel and according to our Law and the Course of Proceedings in our Parliament that he is an Incendiary and to be punished accordingly However I apprehend it to be doubtful and therefore cannot advise at this time he should be accused for an Incendiary but rather that Direction may be given to collect such particular Passages relating to him by which your Lordships may judg whether they will amount to prove him an Incendiary or not And this being done we may again wait on your Excellence if you please and upon View of those Proofs we shall be better able to advise and your Lordships to judg what will be fit to be done in this Matter Mr. Maynard agreed with Mr. Whitlock in every Particular and only varied that the Word Incendiary is not much conversant in our Law nor often met with in our Books but more a Term of Civil Law and of State and so to be considered in this Case Mr. Hollis and Sir Philip Stapleton and others spake smartly to the Business and mentioned some particular Passages and Words of Cromwel to prove him an Incendiary and that he had not that Interest in the House of Commons as was supposed and would willingly have been upon the Accusation of him but the Scots Commissioners were not so forward to join with them in it So Cromwel escaped But so did not Mr. Hollis and Sir Philip about two Years after upon Cromwel's Accusation of them If it be so strange that Cromwel so bred and having no Correspondence abroad or at home should in two Years time get such an Ascendant over the Parliament's Army in England so commanded and disciplin'd as aforesaid it will appear more admirable by what mean Persons he chiefly atchieved it as by Pride Whaley Hewson Harrison Goff Ven Barkstead Cobbet Okey c. broken Citizens and not before acquainted with any Military Discipline But while this Canker-Worm was breeding in the Bowels of the Parliament and Army the Winds of adverse Fortune blew almost constantly in the Face of the King's Affairs and to tell particularly of all the Battels Sieges and Rencounters which happened in England in these two next Years would swell this Story to a much greater Bulk than I design You may read them at large in Mr. Whitlock's Memoirs and Sir Baker's History of Charles the First And to say nothing of it would be a Gap in this Treatise which would interrupt the Design of it Upon the 29th of March the King's Army commanded by Gen. Forth and Sir Ralph Hopton was totally routed near Winchester by Sir William Waller Sir William Balfour and Sir Arthur Haslerig and 't was observed that two Irish Regiments which served the King in this Fight were the first which broke and run away And soon after Captain Swanley secured Milford-Haven Haverford-West and all Pembrook-shire for the Parliament And upon the 11th of April my Lord Fairfax and his Son Sir Thomas took Selby in Yorkshire by Storm and in it Col. Bellasis Governour with most of the other Officers and 1600 Common Soldiers with all their Guns Arms and Ammunition To qualify these Losses in some measure the King about the latter End of June fights Waller at Cropredy-Bridg and routs him kills 300 of his Men and Weems General of the Ordnance was taken Prisoner with two Lieutenant-Colonels three Captains and several other Officers and 180 Common Soldiers with 14 pieces of Cannon This small Victory bore no Proportion to the irreparable Loss the King sustained in the North for York being besieged by the United Forces of Manchester both the Fairfaxes Father and Son and Leven or Lesley General of the Scots Prince Rupert with all the Powers he could raise marched to the Relief of it after he had relieved Latham-House in Lancashire bravely defended by the Countess of Darby The Parliament Forces hereupon raised their Siege and the Prince fetching a Compass about relieved York and joined with the Marquess of Newcastle so as the Prince's Army was 27000 strong with which he marched to Marston-Moor whither the Parliament's Army was marched before and upon the third of July both Armies fought and the Prince with the Left Wing charged the Parliament's Right Wing and routed and pursued them a great Way so did General Goring Sir Charles Lucas and Major General Porter rout the main Body of the Parliament's Army so that all the three Parliament Generals Fairfax Manchester and
Lesley gave all for lost But the Prince as he did before at Edghill pursuing the Enemy too far gave an Opportunity to Sir Thomas Fairfax to rally his Men and joining with Cromwel's Regiment of Lobsters armed with Pot Back and Brest fell upon the Right Wing of the King's Army and routed them and also the rest of the King's Foot destitute of Horse and obtain'd a compleat Victory In this Fight above 7000 were slain 3000 of the King's part taken Prisoners and 25 Ordnance 47 Colours 10000 Arms two Waggons laden with Carabines and Pistols 130 Barrels of Powder with all the Bag and Baggage After this the Parliament's Generals returned to the Siege of York and summoned it which was delivered up to them by Sir Thomas Glenham and the Marquess of Newcastle went beyond Sea Thus was all the North reduced to the Parliament by the fatal Rashness of the Prince who might have avoided the Fight and joined with the Marquess of Montross and Col. Clavering who were with 6000 Foot within two Days march of him The North thus subdued upon the Matter Essex by the Perswasion of my Lord Roberts marches into the West but a different Fate attended him For the King followed him and joining with Prince Maurice followed Essex into Cornwal where he block'd up all the Avenues so as Essex must either fight or be starv'd but in regard that the King had possest himself of all the Passages Essex could not fight without an apparent Hazard of the Loss of his Army However Sir William Balfour with 2300 Horse brake through the King's Army and got to Salt-Ash and from thence to Plimouth which held for the Parliament Now were the Parliament's Foot in a wretched State the King closely pursuing them and the Countrey People rising upon them Hereupon Essex deserts them and with divers of his Officers by Sea got to Plimouth leaving Skippon to take care of the rest who upon the 2d of September capitulated to deliver up to the King all their Artillery with all the Bag and Baggage no Person under a Corporal to wear any kind of Weapon all Officers above to wear only Sword and Pistol And so Skippon marched to Pool which was in the Parliament's Power The Ill Success of Essex in this Expedition was the Cause of Essex his Fall tho the Parliament at present seemed to be otherwise disposed and of the Rise of Cromwel as we shall observe Whilst these things were doing in the North and West other Actions of less Consequence happened Sir Thomas Middleton having taken Mountgomery-Castle the King's Forces advanced in a much greater Body to retake it whereupon Sir Thomas retreated But being joined with Sir William Brereton Sir John Meldrum a Scot and Sir William Fairfax returned and charged the King's Party and took Prisoner M. G. Broughton Lt. Col. Bludwel M. Williams nine Captains many inferiour Officers and 1500 common Soldiers Of the Parliament's Party Sir William Fairfax was slain with Eleven Wounds Maj. Fitz-Symons and about 40 Souldiers and 60 wounded Monmouth Town and Castle were surprized by Massey with the Loss only of Six Men. Lieut. Gen. Lesley in the North fell upon the Forces commanded by Sir Philip Musgrave kill'd divers upon the Place and took 100 Prisoners My Lord Herbert Son of the Earl of Worcester was beaten by Massey who killed 50 and took 60 Prisoners and Massey fell upon a Party of the King 's near Beachy killed 70 and took 170 Prisoners and Col. Charles Fleetwood took two Troops of the King's Horse near Belvoir Castle From these lesser Actions we now advance to tell of Greater The Parliament's Army every where victorious in the North Lesley had now an Opportunity to return to New-Castle which he summoned to yield which being refused he stormed and took it by Force whereupon Sir John Marlay the Mayor and others fled to the Castle and would have capitulated but were denied and so were forced to surrender at Discretion But how successful soever the Parliament's Forces were in the North after the Fight at Marslon-Moor the King reaped but little after the Parliament's Foot had delivered up their Arms in the West for Essex having joined Manchester and Waller resolved to hinder the King's Return to Oxford and upon the 23d of October rendezvouz'd the Army at Aldermaston-Park and next Night privately passed the Water at a Ford near Padworth and next Morning to Bucklebury-Heath near Newberry where the King then was and about 12 a Clock drew down their whole Army between Thatcham and Shaw and skirmished with the King's Horse Manchester's Troops and the London Train'd-Bands crossed the River Kennet between Newberry and the Hill and forced the King's Party which kept the Pass from thence with some Execution but Sir Bernard Astley Son of Sir Jacob or the Lord Astley coming to their Rescue forced the Parliamentarians back again In the Afternoon 4000 of Essex and Waller's Horse and Dragoons with 500 Foot charged the King's Forces on the West of Newberry and forced them to retreat in some Disorder and some of the King's Field-Pieces were taken Essex followed the Success and charged the King's Life-Guard whom he overpowered and had much more endamaged if the Lord Bernard Stuart had not come to their Assistance and secured their Retreat but the Parliamentarians every way advancing beat the King's Army out of the Field with the Loss of many Colours and two Pieces of Cannon Sir Anthony St. Leger Lieutenant-Colonel Leak Lieutenant-Colonel Topping and Captain Catclyne elder Brother of Sir Nevil Catclyne my worthy Friend were killed and the Earl of Cleveland and some few others taken Prisoners If the King's Affairs succeeded so ill in the West they did worse in the North for Leverpool submitted to the Parliament and Lesley had Tinmouth-Castle a Place which hereafter he shall be better acquainted with tho not in the Quality of a General of an Army but a Prisoner surrender'd upon Articles After this Janus's Temple was shut this Year if you begin it at January And now a Treaty of Peace at Vxbridg is set on foot at the Desire of the King but no Success attended it This Year tho the Princes Rupert and Maurice followed the King in his Wars against the Parliament yet the Elector Palatine Frederick their elder Brother petitioned the Parliament that he might come over and take the Covenant which tho at first they refused yet afterwards they admitted him and allowed him 8000 l. per Annum out of my Lord Petres and other Delinquents Estates and so he continued till after the Treaty at Munster 1648 where he led a Life not becoming a Prince in Adversity The Treaty of Peace at Vxbridg not succeeding the Parliament took the Town of Shrewsbury which as it is one of the most famous of all the Towns of England so it stopt on that part the Entercourse of Wales with the Counties of Salop Chester and Worcester But to throw a little Water into the Wine of the Parliament's
Success of this Fight he was not less in the Discovery of his secret Counsels with the Queen which were so contrary to those he declared to the Kingdom for in his Letter to the Queen he declared his Intention to make Peace with the Irish and to have 40000 of them over into England to prosecute the War here And in others he complained he could not prevail with his Mungrel Parliament at Oxford to Vote that the Parliament of Westminster were not a Lawful Parliament So little Thanks had these Noble Lords and Gentlemen for their exposing their Lives and Fortunes in Defence of the King in his Adversity What then might they expect if he should prevail by Conquest That he would not make a Peace with the Rebels the Parliament without her Approbation nor go one jot from the Paper she sent him That in the Treaty at Uxbridg he did not positively own the Parliament it being otherwise to be construed tho they were so simple as not to find it out and that it was recorded in the Notes of the King's Council that he did not acknowledg them a Parliament See Whitlock ' s Memoirs fol. 147. a. The Members having got these Papers not only printed and published them but order'd them to be kept upon Record and also made a publick Declaration of them wherein they shew what the Nobility and Gentry which follow'd the King might trust to The King's Army being overthrown the Parliament had two Armies and the King none but that which was commanded by General Goring which at that time besieg'd Taunton and sore distrest it but it being governed by Blake after the famous Admiral for the Rump and Cromwel by Sea it made indeed a wonderful Resistance And now you 'll see the King's Garisons surrender by heaps For two Days after the Fight at Naseby viz. June 14. Fairfax sat down before Leicester where my Lord Loughborough was Governour and made a large Breach towards Newark whereupon the Governour surrendred it After the Surrender of York the Year before the King made that noble Gentleman Sir Thomas Glenham Governour of Carlisle which he defended till the Garison were forced to eat Horse-flesh And the Town being besieged by the English and Scots Sir Thomas to throw a Bone of Dissension between them deliver'd it up to the Scots about a Week after the Surrender of Leicester From Leicester Fairfax marches to the Relief of Taunton whereupon Goring drew off and retreated to Langport where Fairfax routed Goring kill'd 200 of his Men took 1400 Prisoners and pursued the rest to Bridgwater which Fairfax besieg'd and had it surrender'd upon the 23d of July And about that time Pontfract Castle in Yorkshire surrender'd to M. G. Pointz and upon the 25th of July Sir Hugh Cholmly surrender'd Scarborough Castle to Sir Matthew Boynton and upon the 11th of September Fairfax storm'd Bristol and Prince Rupert surrender'd the Castle upon Terms Tho the City of Hereford bravely defended it self against General Lesley and his Scots from the 13th of July to the 1st of September and then forced Lesley to raise the Siege upon pretence of relieving his own Country then over-run by the Marquess of Montross yet it was soon after surprised by Colonel Birch and Colonel Morgan Nor were the King's Forces in the Field more fortunate than those in Garison for the King having got together a Body of about 5000 Men most Welch marched towards the Relief of Chester then besieged by Sir William Brereton and Colonel Jones but in his March he was fought by General Pointz at Routon-Moor within two Miles of Chester where the King was worsted and the Lord Bernard Stewart Brother to the Duke of Richmond kill'd The King's Affairs being thus desperate in England all the Hopes now were of Scotland where Montross had conquer'd it from one End to the other and had no visible Army to oppose him and the King to make Scotland secure commanded my Lord Digby and Sir Marmaduke Langdale to join Montross with their Horse in pursuance whereof they marched to Sherborn in Yorkshire where they surprised 700 of the Parliament's Foot with their Arms and Baggage but staying for Carriages Col. Copley Lilbourn and Alured fell upon them and routed them killing and taking 100 Officers 300 Soldiers and 600 Horse with their Furniture and my Lord Digby's Coach And my Lord Digby marching on with the rest of his Forces was set upon at Carlisle Sands and utterly defeated from whence my Lord and Langdale escaped to the Isle of Man and after into Ireland From Routon-Moor the King got to Newark where Maâ—or-General Gerrard charged the Lord Digby lately defeated at Sherborn with Treason Prince Rupert and Maurice the Lord Hawley and Sir Richard Willis the Governour sided with Gerrard and the Lord Bellasis and many others with Digby and so did the King who displaced Willis and made the Lord Bellasis Governour This caused great Dissension not only in the Garison but in the Officers of the Army which the King brought with him so that the Princes Rupert and Maurice General Gerrard my Lord Hawley and Willis forsook the King and sent to the Parliament for Passes to go beyond Sea In this forlorn state the King left Newark and with 300 Horse got safe to Oxford where the Princes Rupert and Maurice not knowing whither else to go came and were seemingly reconciled to him but upon the Return of the King's Horse Pointz meets and routs them Here the King again sent to the Parliament for a Treaty of Peace which was rejected upon this Occasion Letters were taken in my Lord Digby's Coach after his Rout at Sherborn and also in the Pockets of the Arch-bishop of Tuam who was slain in an Overthrow of the Irish at Sligo in Ireland wherein the King offered the Irish a Toleration of their Religion themselves to choose a Governour of their own and to be entrusted with several Castles and Forts for their Caution upon Condition that they send 10000 Men into England to assist him against his Enemies And with these they found the Copy of the King's Commission to the Earl of Glamorgan impowering him to treat with the Rebels viz. CHARLES by the Grace of God c. To our Trusty and Well-beloved Cousin Edward Earl of Glamorgan We reposing great and especial Trust and Confidence in your approved Wisdom and Fidelity do by these Presents as firmly as under our Great Seal to all Intents and Purposes authorize and give you Power to treat and conclude with the Confederate Roman Catholicks in our Kingdom of Ireland If upon necessity any thing be condescended to wherein our Lieutenant cannot so well be seen as not fit for us for the present publickly to own therefore We charge you to proceed according to this our Warrant with all possible Secrecy and whatever you shall engage your self upon such valuable Considerations as you in your Judgment shall deem fit we promise in the Word of a King and Christian to
ratifie and perform the same of that which shall be granted by you and under our Hand and Seal the Confederate Catholicks having by their Supplies testified their Zeal to Our Service And this shall be in each Particular to you a sufficient Warrant Given at Our Courtat Oxford the Twentieth Day of May 20 Car. Glamorgan had brought his Business to some Issue when State-Reasons enforced Ormond and Digby and the Council to imprison him but this gave Distaste to the Irish who thereupon suspected double Dealings and so neither sent over the promised 10000 Men nor any Aid to Westchester tho Glamorgan was quickly released upon the Bail of six or eight Irish Peers The Parliament hereupon was so incensed that they refused either to treat with the King or to admit him to come to London see Baker f. 473. or this Business to end here but rendred all the King 's subsequent Treaties with the Parliament suspected and the end of attaining the King's Propositions more difficult And here you may see how this King would prostitute his Honour and Christianity contrary to what he so often professed not only to the Parliament but also to the Duke of Ormond his own Party Now things every where go to wreck on the King's side Dartmouth was surrendred to Fairfax by Sir Hugh Pollard the Governor Sir William Vaughan with such Forces as he could get together marching to relieve Chester was utterly routed by the Parliament's Forces and Chester surrendred to Sir Will. Brereton Belvoir Castle in Leicestershire the Seat of the Earls of Rutland was surrendred to General Pointz by Sir Gervais Lucas the Governour my Lord Hopton is beaten by Fairfax in Devonshire whereupon Hopton accepted of Terms from Fairfax and disbanded his Army and went into France After which all the Garisons in Cornwal surrendred to Fairfax except Pendennis Castle and St. Michael's Mount Latham-House which the Countess of Derby bravely defended two Years against the Parliament was surrendred in December and Basing-House was taken by Storm And that which compleated the Ruin of all the King's Affairs in England was the Surprize and Defeat of my Lord Astley at Donnington near Stow on the Wold where he was taken Prisoner the 21st of March and when he was a Prisoner he told some of the Parliament Officers You have done your Work and may go play unless you fall out among you selves Anno Reg. 22. An. Dom. 1646. In this desperate State of the King's Affairs in England the King's Expectations in Scotland were much fallen too For after the Defeat of my Lord Digby and Sir Marmaduke Langdale the Scots had little to do in the North so as General Lesley had leisure to march to Newark with his Foot to join M. G. Pointz who had block'd it up and David Lesley with the Horse to march into Scotland where Montross his Men after he had beaten Gen. Bailey at Philipshaugh being full of Plunder and being a Voluntier Army and not under regular Discipline disbanded in great Numbers and returned home when David Lesley set upon the Remainder and routed them and gave Quarter to the rest whom yet he murdered in cold Blood Here you may see the different Tempers of the English and Scots Nation for you find no such Acts done in England in the Heats of all the War In all the War in Scotland the Marquess of Huntley obstinately refused to join with Montross and after the Defeat of Montross's Foot Montross went in Person to entreat Huntley to join in their common Interest against the Kirk which Huntley not only refused but would not deign to see Montross yet this did Huntley no good for after Montross his Army was disbanded the Kirk-Party cut off his Head so as Montross was forced to retreat into the Highlands and act defensively Exeter upon the 13th of April surrenders to Fairfax which was followed by Barnstable Town and Fort St. Michael's Mount Dunstan Castle Woodstock and other Places of less Note Sir Thomas Glenham having honourably defended York and Carlisle the King thought no other so fit to be Governour of Oxford as he which being block'd up by the Parliament Forces the King thought himself in no Security in it for the Parliament refused to admit him to come to London unless he signed their Propositions Now the French Ambassador in the Scots Quarters advised the King to throw himself into the Scots Power herein you may observe that tho Richlieu were dead yet Mazarine continued the Correspondence between France and Scotland which yet were Pensioners to France This being Hobson's Choice the King only accompanied by one Hudson a Minister and Mr. John Ashburnham throws himself into the Power of the Scots then besieging Newark this was the fifth of May. Thus this poor Prince to avoid his present Condition seeks Protection from those which brought him into it which tho he got nothing by it yet the Scots instead of protecting him shall only make a Bargain and Sale of him for having him in their Power they resolve to make a double Market of him viz. To have him to order Montross to disband his Army and then to retire out of Scotland and then to sell him to the Parliament for so much as they could get that of Montross it was no sooner asked than granted but soon after he was gone the Covenanters seize Huntley and cut off his Head the Parliament too desire the King to give Order for the English Garisons to surrender which he granted so here we end the Wars in England and Scotland between the King and Parliament at present And now you 'll see how the ending of these Wars was the beginning of the Ruin of the Parliament and Scots Covenanters for the Scots having got their Ends by Montross his disbanding his Army yet the Bargain for the Sale of the King being a mighty Matter to the Scots required a longer time and the Scots would not lose one Scotish Pound they could get for him and therefore tho the King put himself into the Power of the Scots the 5th of May 1646 yet the Bargain was not concluded till January following and then the Scots flush of Money return home finding all things in Peace now Montross is gone and the Parliament having bought the King confine him to Holdenby-House a House of the King 's in Northamptonshire under the Guard of a select Company of Covenanters whereof Sir John Cooke Secretary Cooke's Son was one Thus this Prince who before had shifted the worthy Members of Parliament from one Prison to another that they might have no Benefit of their Corpus's and the Constables of Hertfordshire from one Messenger to another is himself shifted from one Place a Prisoner to another without any hope of an Habeas Corpus He that before by his absolute Will and Pleasure would without any Law seize his Subjects Goods and commit them to Prison cannot now enjoy his own Estate in his own House He that before arbitrarily raised Ship-Money
7. would have justified all his Subjects who fought for him But the Members would not submit to this being to divest themselves of the Power they thought they had in their hands nor the Scots because their Solemn League and Covenant was enacted by no Law in England nor least of all would it please the Army who nourished Designs against the King Members and Scots To such a deplorable state is this poor King and Kingdom fall'n past all humane Relief yet it 's admirable to consider how Divine Justice pursued the Causers of it even in the Series by which they were promoted The King who would not have the Laws and Constitutions of the Nation to be the Rules of his Subjects Obedience but his Prerogative and Absolute Will and Pleasure cannot now by it command one Servant He who before against Law committed so many of his best Subjects close Prisoners whereof several died in Prison for asserting his Subjects Rights without any Benefit of Law is now by his Subjects made close Prisoner against Law and without any Benefit of it He who before dissolved four Parliaments because they in all dutiful Ways would have addressed unto him to be reconciled to his Subjects is now denied under Penalty of High Treason to have any Address made to him by any of his Subjects He who before had so many Forests for his Pleasure yet not contented with what the Law and his Ancestors had left but would break the Bounds of them that his Subjects Inheritance might become a Prey to wild Beasts has not now a Horse Hound or Beast to take Pleasure in But these things will not stay here for it is the unhappy Fate of Princes rarely in their declining state to stay till they fall to the bottom And here we end the Year 1647 and hereafter shall observe the Divine Justice overtaking the other Promoters of the Miseries both in England Scotland and Ireland And if I shall ill perform it yet it may be a Ground-work for another to do it better In this Confusion the Nation began to forget the times under the King's Government now they saw no end of these And tho the Essex-Men who had the Bounds of their Forests broke down and were the first who petition'd the Parliament to redress Grievances and bring Delinquents to condign Punishment yet they are now the first who petition the Commons for a Personal Treaty with the King and then the Surrey-Men but were differently received and some of the Surrey-Men kill'd This was in May 1648. The Scots too offended that they and their Solemn League and Covenant were not taken notice of in the Preliminary Treaty with the King call a Parliament and order the Raising an Army to deliver the King out of Prison The rude Entertainment of the Essex and Surrey-Men was so far from quelling them that they rise in Arms in Essex Kent Suffolk Norfolk Wales and the North and declare for the King and People Sir William Batton too who was Vice-Admiral of the English Fleet goes over to Prince Charles with 17 Men of War and declare for the King having set Rainsborough made Admiral by the Army on Shore This was in May and June and soon after viz. in June the Surrey-Men rise being headed by the Duke of Buckingham and his Brother the Lord Francis with the Earl of Holland But it was decreed that this Prince who for 15 Years had violated the Laws and Constitutions of this Nation and without any Law or just Reason had so often imprisoned his best Subjects for endeavouring to reconcile him to his Subjects should now himself being made a Prisoner against Law find no Relief by Law or Endeavours of his Loyal Subjects For Cromwel sends Horton into Wales against Major-General Laughorn and Colonel Poyer who headed the Welch and had seized Pembrook and Tenby-Castles Fairfax marches into Kent and Rainsborough into the North where the Northern-Men had seized Pontfract-Castle and the Members restore the Earl of Warwick to be Admiral and fit out a Fleet under him to suppress that which joined the Prince of Wales Horton beats the Welch and took Laughorn and Poyer Prisoners and besieges and takes Pembrook and Tenby but whilst he besieged these Hamilton who the Year before was released from being a Prisoner in Pendennis-Castle by the King for holding Correspondence with the Covenanters while he was Commissioner now comes into England to discharge the King from his Imprisonment with a numerous Army of Scots which Sir Marmaduke Langdale Major-General Massey and many English join against these Cromwel after the Surrender of Pembrook and Tenby marches and utterly routs them and takes Hamilton Prisoner Nor were the Fate of the Kentish Essex and Suffolk Men better for Fairfax fights and beats the Kentish Men at Maidstone the Remainder under my Lord Goring whom the King had made Earl of Norwich cross the Thames at Greenwich and join the Essex Men headed by Sir Charles Lucas and march to Colchester where my Lord Capel and many Suffolk Men joined them Fairfax pursues them and after a stubborn Siege of 11 Weeks forces it to surrender being reduced to extream Famine and after caused Sir Charles Lucas and Sir George Lisle to be shot to Death Equal to this was the Success of the Surrey-Men for they were routed by Sir Michael Lewesly and my Lord Francis killed near Kingston But the Duke of Buckingham and the Earl of Holland with those which were escaped fled over Kingston-bridg and were pursued by Colonel Scroop and overtaken at St. Neots where Major-General Dolbier is killed the Earl of Holland taken Prisoner but the Duke of Buckingham escaped But the Northern-Men besieged in Pontfract Castle are not so easily subdued on the contrary a Party of about 30 Horse break through the Besiegers and surprize Rainsborough in his Bed at Doncaster about 12 Miles from Pontfract and kill him because he refused to be carried off a Prisoner but Pure Famine at last forced the Besieged to surrender The revolted Fleet now commanded by the Princes Rupert and Maurice partly cajol'd by the Earl of Warwick their former Admiral and unwilling to forsake their Country Wives and Children in great part return to the Parliament the rest were after pursued by Blake and Popham to Ireland from thence to Portugal from whence they were forced by Blake to Carthagena where Blake run the Princes Ships on shore yet the Princes having then but three Ships left and having no Port in Europe to protect them seek for one in the West-Indies where Prince Maurice is lost in a Hurricane and Prince Rupert after got into France and sold the Remainder of this miserable Fleet being two tatter'd Ships to Mazarine to fit out himself for other Adventures Whilst the Army was thus busied abroad the Members having got possession of the Fleet and the City of London being well affected to them they join with the Scotish Commissioners and rescind the Votes of Non-Addresses to the King
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
Articles of Agreement were agreed upon between the supposed Conspirators and the Cardinal in April 1658 but here Cromwel was at greater Charge for his Fleet than Mazarine for his Army and Cromwel had out-bid Mazarine for the Bargain but little Money was to be paid before the Town was surrendred The Agreement being made upon the 14th of May 1658 the Fleet appeared before Ostend and the Garison in the Fort permitted the French to pass and land but the Governour fearing if the English Fleet should enter they might endanger the Town with his own Hands pulled down the white Flag and set up the bloody Flag but before the English Fleet could tack about it was sore galled by the Artillery planted upon the Fort before it could get out of their reach and the French which landed were killed or taken every Mother's Son to the number of 1500 the Marshal was of the number of the Prisoners This Story is pleasantly and particularly printed in Spanish by one of the Agents translated into English under the Title of Harm watch Harm catch Mazarine with much ado got his Men again which were not killed but how shall Cromwel get his Money again of which he had more need than Mazarine had of his Men nor would Mazarine part with one Groat he had been out of Pocket too much to redeem the French By this time Cromwel was in ill Plight hated of all Factions as much as of the Royalists he had nothing to trust to but a Mercenary Army which he could not pay and above half of these would have been content to have his Throat cut His Means would not pay for the Intelligence he was forced to buy at home and abroad to discover the Practices which were every day hatching against him So as he had no Security but in the general Fear which all the Factions as well as he had that their Discords might give an Occasion of restoring the King to the ruine of them all Nor were their Fears without Ground for at this time there was an Inclination of the Royalists in all parts of England to rise and the Marquess of Ormond was sent by the King to encourage it having gotten a Company of Men together beyond Sea under the Command of General Marsin to assist them But Cromwel had his Spies every where who betray'd all the principal of these Spies was Sir Richard Willis who was always upon his Discovery of these Plots one of the first committed to the Tower and one Corker who had served King Charles the First and was one who assisted in killing Rainsborough at Doncaster so as Cromwel nipp'd all in the Bud before they moved Yet notwithstanding all his Diligence Ormond made his Escape only to give the King an Account of the Discovery and Ruine of his Design Though the Royalists could draw no Blood from Cromwel yet he resolved to take some from them yet would not do it by Juries having had such ill Luck with them but by a Court of Justice of his own Creatures and Nomination headed by Lisle Before these were haled my Lord Mordant Sir Henry Slingsby Dr. Hewet the two Staleys Woodcock Mallery Rivers Dike and many others Dr. Hewet denied their Jurisdiction and was condemned for Contumacy Sir Henry Slingsby pleaded yet was condemned my Lord Mordant was acquitted by the Majority of one Vote when â—ride came in who if he had been there had turned the Scales and Woodcock behaved himself so well as he was acquitted The rest were condemned yet some for Money got their Pardons and others who had not so much Money for somewhat less and swearing themselves out of the Plot saved their Lives Sir Henry Slingsby and Dr. Hewet were beheaded others hanged and quartered Yet this good Success gave little Comfort to Cromwel for to all his former Disturbances were added the Disorders of his own Family his Son-in-law Fleetwood and Brother-in-law Desborough caballing with the Republicans and Dissenting Officers so as they rarely visited him tho Cromwel to sweeten Fleetwood promised to name him his Successor and to these Lambert since his Discarding joined Cromwel having so little Dependance on his Army sets up another of Voluntiers to have Eight â—ounds a Year apiece to be ready to serve him These were a Company of Fellows who as their Pay was little so were their Horses Jades and lean and a Troop of any Army-Horse would beat ten of them yet they served Cromwel so far as to seize Malignants whenever he sent them and were Spies over all suspected Persons and to inform him of their Demeanour All the Joy Cromwel had in these Anxieties and Inquietudes was in his beloved Daughter Cleypole who even to his Heart-breaking died the 6th of August 1658 and upon the third of September following he himself followed her in a terrible Storm of Wind a day upon which at Dâ—nbar in Scotland and Worcester in England he had sent so many thousands before for which he then was to give an Account However Cromwel lived yet when he died all the Flattering Poets strained their Wits to that Pitch to celebrate his Encomiums so as that they could never after arrive to it The Good Deeds of Oliver Cromwel THUS in some measure and in Epitome you have seen if not the Life yet the Rage of Cromwel in his Usurpation in which as I have said nothing of him for Spite having never done me any Wrong but what was common to all the Nation so I think in Justice I ought to do him Right wherein as I conceive he deserved well of the Nation 1. By Blake he more humbled and subdued the Algerine Tripoli and Tunis Pirates than ever any before or since did 2. Westminster-Hall was never replenished with more learned and upright Judges than by him nor was Justice either in Law or Equity in Civil Cases more equally distributed where he was not a Party 3. When the Norway Traders represented to him the Mischief and Inconveniences the Act of Navigation brought upon the Nation which may be at large said elsewhere Cromwel during his time dispensed with it and permitted the English to trade to Norway for Timber Masts Pitch Tar and Iron as before the Act And by a Law made in Cromwel's Third Parliament in June 1657 which was but five Years after the Rump's Act of Navigation Licence is given to transport Fish in Foreign Bottoms See Whitlock's Memoirs f. 661. a. So little then was the Act of Navigation regarded 4. Tho Cromwel play'd the Fool in making War upon Spain and Peace with France yet he made a more advantageous Treaty of Commerce for the English to France than before they had I have not seen it but had this from our English Merchants who traded to France 5. Tho Cromwel joined Forces with the French against the Spaniard yet he reserved the Sea-Towns conquered from the Spaniard to himself so had Dunkirk and Mardike delivered up to him and would have had Ostend if the Garison
was sitting might be dangerous since the Parliament had so lately recognized him and so many thousands of the People had congratulated his Assumption into the Protectorate And to begin at the Parliament might be as dangerous for this they thought would disgust the Nation in general neither did they know whether the Parliament would be disbanded by them they therefore resolve they 'll make Richard dissolve them and take the Odium upon himself and when that 's done they 'll do well enough with Richard To this end the Officers urge Richard to make good their Proposals but the Protectorian Officers advised him to seize the Heads of the Republican which tho Richard durst not come to yet he spake high and threatned the Officers to cashier them This had a double Effect for the Protectorian Officers the Lord Falconbridg Captain Philip Howard Colonel Ingoldsby Whaley Goff and others seeing the meanness of Richard's Spirit in neglecting their Advice leave him and the Republicans were not to be quelled with Words but exasperated by them so that upon the 22d of April they beset White-hall and sent Desborough and Fleetwood to beseech him to dissolve the Parliament and if 't were not speedily done they would set fire to the House and kill all who should resist which so frightned Richard that he forthwith signs a Proclamation for dissolving the Parliament The Parliament thus dissolved Richard's Turn was next to be deposed not one of the manifold thousands of the ninety Congratulatory Addresses who promised to stand by Richard with their Lives and Fortunes speaking one word in his behalf and so shall such another Turn about thirty Years after be served on King James the Second Tho Richard and his Parliament were out yet something else must be in yet before they would put in any thing else the Republican Officers send Ingoldsby Goff Whaley my Lord Falconbridg and Howard after Earl of Carlisle after Richard and his Parliament and take in Lambert Harrison Rich Parker Okey and others whom Cromwel turn'd out But before they would set up any thing instead of Protector they make Fleetwood General by Sea and Land and Lambert Lieut. General To prepare the way for what was to be set up the Officers prepare a Remonstrance inveighing bitterly against the Malignants for so they call'â— the Royalists that they had printed Lists and marked for Destruction the Godly especially the King's Judges and therefore they would revive the Good Old Cause and restore the Rump Parliament but William Pryn according to his rude way of writing answered them That their Cause was neither Good nor Old and bitterly charges them with Treachery and Ingratitude But all to no purpose for since no better was to be had these Officers awake the Rump out of their Lethargy wherein they had been above five Years asleep and now were become so miserably lean that none but the Officers could abide the sight of them they could get but forty two together and these looked so wretchedly that they had much ado to get Lenthal to be Head again to it But how nasty soever the Rump was the first secluded Members would have sat with them but the Rump would none of that but set Guards at the Door of the House to keep them out Thus got together they again depose Richard and send Ludlow to do the same by Henry in Ireland and thus you see what Security can be had by relying upon a Mercenary Army one part of it exalted the Father and another part of the same Army deposed both the Sons But in Scotland they let Monk alone who promised to be true to them Yet these were not the Halâ—yon Days the Republican Officers expected by restoring the Rump for the Rump tho it had been long asleep yet remembred they were before tuned out by the Officers of the Army and that they shall do so no more they make Lenthal General of all the Forces in England Scotland and Ireland by Sea and Land The Rump being contemptible to all the Nation and the Officers of the Army being thus divided and subdued and like Virginal-Jacks when one was up the other was down raised the Expectation of the Royalists That a sudden Change would be which could end in nothing but restoring the King And the Presbyterians exasperated by the Rump's Repulse again resolve not to sit quiet under it and therefore a Correspondence is held between them and the Royalists to depose the Rump whatever came of it To this end Sir George Booth rises in Cheshire with whom Sir Thomas Middleton joined but was ill seconded by the Royalists This alarm'd the Rump for they expected no better from the Presbyterians than the Royalists And now the Rump not well knowing the Man had so little Wit as to send Lambert against Sir George and you 'll soon see Lambert shall do that by the Rump which the Presbyterians and Royalists both together could not do For Lambert having overthrown Booth and taken him Prisoner tho the Rump were mightily joy'd at it and voted Lambert a Gratuity of a Thousand Pounds yet this no ways alter'd the Designs of Lambert which ever since the Death of Cromwel he had been hatching For Lambert after the Defeat of the Cheshire-men in his return for London at Derby the 16th of September procured a Petition from the Officers to the Rump that Fleetwood might be General of the Army and himself Lieutenant-General He was content to give Fleetwood the first Place as Cromwel had given Fairfax for he knew himself to be too hard for Fleetwood and a much better Souldier and so would do what he list And the greater part of the Officers in London join with Lambert in his Petition The Rump was more alarm'd at this Petition than at Sir Booth's Insurrection so as all Prosecution against him and the Cheshire-Men was at a stand nor were the Rump of one piece among themselves for Sir Arthur Haslerig a hot-headed Man was violently against the Army and said they made the Parliament a precarious thing and that Lambert trod Cromwel's Steps and his seeming Modesty in preferring Fleetwood was but a Decoy But young Sir Henry now become old Sir Henry Vane with much more cunning endeavour'd to carry on the Designs of Lambert and his Faction However the Majority of the Members rather than be deposed depose Lambert Desborough Berry Kelsey Ashfield Cobbet Creed Parker and Barrow and make a Council of War without naming a General of Fleetwood Monk Haslerig Ludlow Morley and Overton And to starve Lambert and his Officers the Rump vote That no Money shall be raised without Consent in Parliament and he that shall do it shall be guilty of High-Treason against the Commonwealth And the Nation to whom the Rump and Army were alike hateful took this for a very good Law However before this Infant Council of War should be warm in their Seats Lambert resolves to beat up their Quarters and marches directly to London but the
8. The French Progress in Flanders more nearly concerned the Dutch than the English the Spanish Netherlands being the Barrier to secure the United Netherlands from sinking under the Power of France and therefore the Dutch States readily complied with Sir William's Proposals and Sir William waited upon the King to give him an Account of his Negotiation and within 5 Days after was sent back with Powers to conclude a stricter Defensive League than that at Breda between England and Holland either by Mediation or Force to stop the further Progress of the French Army in the Spanish Provinces And because the Swedes soon after entred into it it was called the Triple Alliance This preserved what the French had left untaken and the Spaniard was forced to sit down by the Loss But whatever the Spaniard lost by the French Ravages the English gained this Benefit by it That one Brewer whose Parents were said to be English with about fifty Walloons who wrought and died Fine Woollen Cloths came into England and the King after the Example of two of his wisest and most renowned Predecessors Edward III. and Queen Elizabeth entertain'd them against our Barbarous Law or rather Usage against Foreigners partaking the Benefit of Natural-born English and by them the English in a few Years time were instructed to make and dye fine woollen Cloths cheaper by 40 l. per Cent. than they could do before not only to the Benefit of the English at home but in foreign Vent abroad which before the Dutch had I think it was this Year the French sell into the Franche County of Burgundy and took Dole and Besanzon but this being a Barrier to the Swiss against the French Power as the Spanish Netherlands are to the Dutch the Swiss recalled their Subjects out of the French Service and ordered the levying Sixty Thousand Men to expel the French out of the County of Burgundy and now it was not time for the French King to contend against the Triple League and the Swiss too so he gave up Dole and Besanzon again to the Spaniards and withdrew his Forces out of the County Thus was Spain saved by others when they could not help themselves The banishing the Chancellour Clarendon did palliate but the Triple League reconciled all Difference between the King and Parliament as if no Dutch War or Miscarriages had been and for the Triple League they granted the King a Treble Supply viz. 20 Car. II. c. 1. 301000 l. upon Wines and Liquors Secondly an additional Duty of 8 l. per Tun on French Wines c. and 12 l. per Tun on Spanish Wines for eight Years which amounted to 560000 l. this was the 22 Car. II. And also cap. 3. an Act for sale of the Fee Farm Rents to the Value of 1300000 l. An. Dom. 1668. But you 'll see these dear bought Joys soon will fade for the great Clarendon and noble Southampton now are gone and another Generation is springing up and that with such forward Growth as all Weeds do that upon the Joy of the Triple League the House of Commons having given the King the 301000 l. Mr. Clifford after Lord Treasurer in April following told a Friend of Sir Temple's that for all this great Joy it must not be long before we have another War with Holland and this very Year a French Man gave my Lord Arlington the Design of laying another Holland's War and the Advance of it by the Practice of Monsieur Colbert upon the Ministers of our Court. An. Reg. 21. Dom. 1669. However the Devil will play at small Games rather than stand out for now the French King's Hands are tied up by the Triple League and Treaty at Aix la Chapelle from taking more Towns in the Spanish Netherlands Yet he exacted great Contributions from the Dutchies of Limburgh and Luxemburgh and confiscated the Estates of those in his Conquests who would not forswear their Allegiance to the King of Spain and endeavoured to surprize the Town of Hainault And tho by the Pyrenean Treaty the Duke of Lorain was to be restor'd to his Dutchy yet the Duke tho a Friend to the King was rejected from entring into the Triple League which he endeavoured and therefore incurred the French King's Displeasure who in the Year 1669 seized upon the poor Remainders of his Country and ordered one of his Generals to seize his Person and bring him either dead or alive And tho by the Treaty of Breda the French King was to restore the English to their Plantations in St. Christophers which the French had taken from them yet hitherto he refused to do it In this trifling which the Hector of France did only to keep his Hand in ure he did not sleep otherways the Triple League stuck sore in his Conscience which unless broken would set Bounds to his boundless Ambition In its infant State Monsieur Colbert in the first Year had made some Steps towards it but the next Year made such Advances that he had almost brought the Destruction of it to Perfection To facilitate this hopeful Project Madam the King 's beloved Sister came in June 1670 to Dover with full Powers to conclude this desired Business The King was not long behind but with equal Desire and extraordinary Affection meets his Sister where all things are concluded which tho as dark as Hell yet were as secret as Witchcraft which would have no Light but by their Consequences and that this well-laid Design might not be forgotten the Princess left her Woman Madam Carwel after Dutchess of Portsmouth with the King to put him in mind of it but the Princess was unhappy in this for Monsieur her Husband entertained a furious Jealousy in his frantick Brain that something else besides this hopeful Project was designed by the Princess so that though she were in perfect Health and never more pleased than when here yet upon her Return she in the Glory of her Age but Twenty six Years old died suddenly so that the Cause of her Death was as dark as the Design she came for But there is neither Sister Father or Mother with Kings and Kingdoms The sudden Death of Madam put no stop to the ratisying the Business she came for but the Marquess of Bellefonds is sent hither and an honourable Person is sent into France for both Kings Ratification of it Hereupon the French King descended from his Stiffness and delivered the English their Grounds in St. Christophers to Sir Charles Wheeler yet destroy'd all the Plantations plundered and carried away all that was portable laid the whole Country waste and left it in a much worse Condition than if it had never been planted The French King by his English Pensioners did not only keep the Emperor and Duke of Lorain out of being desirous to enter into the Triple League but he enters into a stricter League with the Arch-bishop of Collen and the Bishop of Munster two Princes of the Empire against the Dutch and now began to
should be Lord on both sides of the Spanish Netherlands could be to protect them against the Power of the French Good God! Did these Men believe Heaven or a God! But all Moral Vertues and whatsoever may be called sacred must give way to the Advancement of the Catholick Cause By this time the French King by the Benefit of the Act of Navigation Oliver's Peace with France and War with Spain our King's supine Negligence and the Addition of twelve great Men of War built by the Dane and Dutch in the former Dutch War had got a Navy equal to the Dutch or English yet how to damage or destroy these and to instruct his Men to fight is the French Game now to be play'd And therefore for this time the French permitted the English to have the Red Flag and the French were content with the White Yet here it 's observable That in all the former Fights with the Dutch when the French and Dane joined against the English except that when the Fleet was divided the English put the Dutch to flight whereas in all the Fights which were four wherein the French joined the English the English came off with more Loss than the Dutch Things thus order'd the Duke of York was Admiral of the Red or the whole Fleet Monsieur D'Estree of the White and my Lord of Sandwich of the Blue And thus they rode at Anchor in Sould-Bay the 28th of June 1672 the Wind blowing at North-East a stiff Gale And upon that day there was a mighty Sacrifice to Ceres and Bacchus on board the Fleet by the Flag-Officers and at the same time the other Captains in imitation of their Admiral went on Shoar to perform the same at Alborough Dunwich and Sould. In their Jollity on Board my Lord Sandwich not at good Terms either with the Duke or with the French said that as the Wind stood the Fleet rode in danger of being surprized by the Dutch and therefore thought it adviseable to weigh Anchor and get out to Sea The Duke retorted upon him as if this had been said out of Fear which the next day 't was thought was the loss of the Earl and the brave Ship the Prince Royal. The Sacrifice ended and when all were Vino somnoque sepulti the Thunder of the Cannon of the Scout-Ships about two in the Morning gave Notice that the Dutch Fleet was approaching to call the English to an account for their Yesterday's Jollity Now all things were in Confusion our drowsy Officers were in no case to go to Counsel nor had time for weighing Anchor the Cables therefore were cut to avoid being burnt by the Dutch Fire-Ships and the Long-boats were sent near the Shoar to wait upon their sleepy Officers Here was no time to draw into a Line of Battel but it happened that about four in the Morning a Calm fell which continued till after six whereby the Captains had time to get on Board tho not to consider how to fight And I have heard experienced Sea-men say if this Calm had not happened the whole English Fleet had been in danger to be stranded or burnt The Coast of Sould-Bay lies near North and South the North-most part inclining into the East called Eastonness being the most Eastern Part of England but towards the South it inclines into the West The French lay South the Duke's Squadron in the midst and my Lord Sandwich on the North so as the French had most Sea-room and the Blue least When the Dutch engaged the Fleets the Wind was South-East and the Dutch did not fight close with the French yet the French shot furiously but their Shot fell short But with great Courage the Dutch fell upon the Duke's Squadron and more fiercely upon the Blue the Dutch having near one third more than the English and thus the Fight held till about 11 when the French by this time might have weathered the Dutch and disingaged the English but did not Now the Wind had got North-East and Van Gent the Dutch Vice-Admiral with three Men of War whereof one lay across his Haulser sorely distressed my Lord Sandwich when Sir Joseph Jordan Vice-Admiral of the Blue who might have disengaged the Earl sailed to the Red to assist the Duke and it 's believed the Earl might have done so too if his great Spirit could have digested his yesterday's Taunt So this noble Earl and his brave Ship perished with many young Gentlemen besides Mariners Towards two the English got the Weather-gage of the Dutch and then the Fight ended nor did the French serve the English better in any of the other Sea-Fights which let others tell I have had enough of this Tho the Dutch could thus cope with the English and French at Sea yet they found another kind of Task of it by Land And let 's look back a little and see how this Calamity came upon them and some things we are necessitated to resume here tho mentioned before upon another occasion to make Matters more plain and obvious There is no Man conversant in the Stories of those Times but understands that the Foundation of the Dutch States was laid by William Prince of Orange Father of Maurice and Henry Frederick Grand-father of King William who and his Brothers all lost their Lives in establishing it with the Assistance of Queen Elizabeth Queen Elizabeth however she made use of the Dutch to curb the aspiring Dominion of the Spaniard knew their Nature so well as never to trust them and therefore bridled them by keeping the Brill Ramakins and Flushing the Keys of the Maeze and Scheld in her Dominion The Queen in assisting the Dutch made one Article That two such English Men as she should name should sit and vote in their States But the Dutch growing mighty by her Assistance and withal ungrateful formed a private Cabal at Amsterdam where they managed all the secret Affairs of their State and in this Barnvelt was the Head The Queen incensed herewith in the Year 1598 called the States to an account for all the Monies she had expended in their Support which was 8000000 Crowns or two Millions Sterling the Dutch pleaded Poverty and their Inability of Payment and beseeched her that as she excelled all others in Glory and Power so she would continue her Mercy and Pity to these distressed States The Queen answered them She had been often deluded by their deceitful Supplications and ungrateful Actions and pretences of Poverty and that they bare no Reverence to Superiors nor took any Care but for themselves The States were confounded with this Answer and to appease her promised to pay her the whole Debt after the War and during the continuance of it to pay her 100000 l. per Annum and that the English Garisons in the Brill Ramakins and Flushing should be paid by the States The Queen tho not much trusting the States yet wisely considering that if she refused these Offers the States might alter and put themselves under
refused Sir William a Guard to go to the Prince and the Prince declined Sir William's coming to him so as Sir William was forced to return to Holland and wait for the Prince there till the Campagn was over After the Prince returned to the Hague Sir William acquainted him with the Powers the King had given him and that the King desired to act in concert with the Prince and therefore desired so soon as might be to understand the Prince's Opinion therein The Prince's Opinion was That the States with any Faith could not make a separate Peace and thereby expose the Confederates who had saved the States to the Mercy of the French King nor could a general Peace be made unless Flanders was left in a Condition to defend it self That it was in the King's Power to induce France to what was just and that the Prince must perform what his own Honour as well as what the States were engaged to for their Allies let it cost what it would This Answer was coldly received by the King so as he made no Reply to it My Lord Arlington possest the King that it was Sir William's ill Management that the Prince was not pliable to the King's Desires but if the King would imploy him in the Affair by the Benefit of his Lady's Relations the Prince might be better disposed So in November following the King sent my Lord Arlington upon this Affair to the Prince and my Lord Ossery who had married Madam Beverwort the Countess of Arlington's Sister My Lord Arlington treated the Prince with that Authority Arrogance and Insolence and so artificially that the Prince who was of a plain and free Disposition could not bear it but said the King never intended he should treat him the Prince after that manner Sir William and my Lord too had Instructions to sift the Prince to a Discovery of Applications made to him by discontented Persons in England and to enter into secret Measures with the Prince to assist the King against Rebels at home and to sweeten all my Lord Ossery gave the Prince Hopes of a Match with the Princess Mary the Duke's eldest Daughter but the Prince would not treat of a separate Peace was obstinate against the second said that the third was a Disrespect to the King to think that he was so ill beloved and that his Fortunes were not in a Condition for him to think of a Wife so that my Lord Arlington every way failed of his Expectation lost much of the King's Favour and utterly dissolved the Friendship and Confidence he believed he had in the Prince On the contrary though my Lord Ossery had above any other more bravely fought against the Prince's Interest by Sea in this last War with the Dutch yet the Sympathy of their noble Natures begot a Friendship which no Power less than Death could dissolve and my Lord became Partaker with the Prince in that glorious Attempt against the Duke of Luxemburg upon the Relief of Mons the Success of which was stopped by the unhappy separate Peace the States made with France and the Proposition which my Lord made of the Match between the Prince and the Princess made such an irresistible Impression in the Prince's Mind that would admit of no other Relief but Enjoyment Though the Prince could not suppress yet he concealed his Desires of matching with the Princess Mary till a little before the opening the Campagn 1676 when he disclosed them to Sir William Temple but before he made any Paces towards the attaining his Desires he desired Sir William's Opinion of the Person and Disposition of the Princess Sir William who was glad to find the Prince's Resolution to marry being a Debt due to his Family and the rather because he was the only one of the Masculine Line of it replied That he knew nothing of his own Knowledg of the Disposition of the Princess but had always heard his Wife and Sister speak with all the Advantage that could be of what they could discern in a Princess so young and more by what had been told them by her Governess Hereupon the Prince resolved to write to the King and Duke and beg their Favours to him in it and that my Lady Temple being to go over into England upon Sir William's private Affairs should deliver his Letters to both and desired that my Lady during her Stay in England would endeavour most particularly to inform her self of all that concerned the Person Humour and Disposition of the young Princess About two or three Days after the Prince brought his Letters to my Lady Temple he went to the Army my Lady Temple into England and about the beginning of July Sir William to Nimeguen to assist with Sir Lionel Jenkins as Mediators for a General Peace The States were desirous of Peace yet durst not break from their Confederacy not trusting England enough nor France at all so as to have Dependency upon either after the Peace made The French knew the States were bent upon Peace but the Prince against any but what was consisting with his Honour and the Preservation of the Spanish Netherlands so as to be a secure Barrier to the States against the Power of France The French Designs under the Covert of the general Peace to be treated at Nimeguen were to break the Confederacy and therefore their Ambassadors the Marshal D'Estrades and Monsieur Colbert accosted Sir William and told him they had express and private Orders from their King to make particular Compliments to him upon the Esteem their King had for his Person They told him they knew that the States were bent for Peace which could not be had unless the Prince of Orange would interpose his Authority which was so great with the Allies that they were sure the Allies would consent to whatever Terms the Prince should propose for a Peace and therefore there was no Way to procure a happy Issue but for the Prince privately to agree with France upon the Conditions in which the Prince might make use of the known Temper of the States to bring it to a separate Peace in case the unreasonable Pretences of the Allies should hinder a general one that the Duke of Bavaria had so acted his part with France at the Treaty 〈◊〉 Munster whereby he owed the Greatness of his House that b◠pursuing the same at Nimeguen it would be in the Prince 〈◊〉 Orange to do the same for himself and his Family and that 〈◊〉 what concerned the Prince's personal Interests their Master had given them Assurance he should have a Carte Blanch to write his own Conditions that tho they had other ways of making these Overtures to the Prince yet their Orders were to do it by none but Sir William if he would charge himself with 〈◊〉 that they knew the Confidence the Prince had in him and how far his Opinion would prevail with the Prince and that 〈◊〉 Sir William would espouse this Affair besides the Glory of having
into Terms about it he was sure it might be done and desired Sir William to make a short Turn to the Prince and try if he could perswade the Prince to it But Sir William excused it and desired Mr. Hide now Earl of Rochester who was then at Nimeguen might do it but I don't find any thing came of it About the latter End of September as before noted the Prince took his Journey for England and landed at Harwich and from thence came to New-Market where the Court then was where he was kindly received by the King and Duke who both invited him often into Discourse of Business which the Prince avoided industriously so as the King bid Sir William ask the Prince the Reason of it the Prince told him he was resolved to see the young Princess before he enter'd into that Affair and get to proceed in that before the other of Peace whereupon the King to humour him left New-market some Days sooner than he intended and came to London The Prince at first sight was so pleased with her Person and all those Signs of such a Humour as had been before described to him that he immediately made his Suit to the King and Duke which was well received and assented to but upon Condition the Terms of Peace abroad might be first agreed to between them The Prince excused himself and said he must end his first Business before the other The King and Duke were both positive otherwise that that of Peace should precede but the Prince continu'd resolute for the former and said His Allies were like to have hard Terms of Peace as things stood and would be apt to believe he had made this Match at their Cost and for his part he would never sell his Honour for a Wife But the King and Duke continued in their Resolution for three or four Days In the Obstinacy of these contrary Resolutions between the King Duke and Prince Sir William Temple chanced to go to the Prince one Evening after Supper and found him in the worst Humour he had ever seen him in and told Sir William he repented he ever came into England and resolved he would stay but two Days longer if the King continued in his Mind of treating upon the Peace before Marriage and that before he went the King must chuse how they must live hereafter for he was sure it must be like either the greatest Friends or the greatest Enemies and pressed Sir William to let the King know so next Morning and give him an Account what he should say upon it Next Morning Sir William told the King all the Prince had said to him and the ill Consequences of a Breach between them considering the ill Humours of so many of his Subjects upon our late Measures with France and the Invitations made to the Prince by several of them during the late War The King heard Sir William with great Attention and when he had done said Well I was never deceived in judging of a Man's Honesty by his Looks and if I am not deceived in the Prince's Face he is the honestest Man in the World and I will trust him and he shall have his Wife and you shall go immediately and tell my Brother so and that 't is a thing I am resolved on Sir William did so and the Duke at first seemed a little surpriz'd but when Sir William had done the Duke said the King shall be obey'd and I would be glad all his Subjects would learn of me to obey him From the Duke Sir William went to the Prince and told him all this Story At first the Prince seem'd diffident but soon embraced Sir William and told him he had made him a very happy Man and that unexpectedly and so he left the Prince to give the King an Account of what passed and in the Prince's Ante-Chamber met my Lord Treasurer who undertook to adjust all the rest between the King and the Prince which he did so well that the Match was declared that Evening at the Committee before any other in the Court knew any thing of it When the Match was known the Nation entertained it with an universal Joy yet the French Ambassador and my Lord Arlington were displeased at it the French Ambassador because he had not given his Master an Account of it and my Lord Arlington because nothing of near such moment had passed and he not acquainted with it and within two or three Days after the Marriage was consummate The Prince having so happily gained the first part of his Design in coming into England the Terms of Peace were agitated immediately and Sir William Temple was admitted to be present at the Debates The Prince insisted upon the Strength and Enlargement of a Frontier on both sides of Flanders otherwise he said France would end this War with the View of beginning another and carrying Flanders in one Campagn The King was content to leave that Business a little looser upon Confidence that France was so weary of the War that if they could get out of it with Honour they would never begin another in this Reign that the King was past his Youth and lazy and would turn to the Pleasures of the Court and Buildings and leave his Neighbours at quiet But the Prince thought France would not make a Peace now but to break the present Confederacy and to begin another War with more Advantage and Surprize that their Ambition would never end till they had all Flanders and Germany to the Rhine and thereby Holland in an absolute Dependance upon them and us in no good one and that Christendom could not be left safe by the Peace without a Frontier as he proposed for Flanders and the Restitution of Lorain as well as what the Emperour had lost in Alsatia Sir William Temple told the King that in the Course of his Life he had never observed Mens Natures alter by Age or Fortune but that a good Boy made a good Man a young Coxcomb an old Fool and a young Fripon an old Knave that quiet Spirits were so and unquiet would be so old as well as young that he believed the French King would have always some Bent or other sometimes War sometimes Love sometimes Building but was of the Prince's Opinion that he would ne'r make Peace but with a Design of a new War after he had fixed his Conquests by the last The King approved of what Sir William had said and the Points of Lorain and Alsatia were easily agreed to by the King and Duke but they would not hear of the Restitution of the County of Burgundy tho it were part of the Spanish Netherlands which the King was obliged to protect against France by the Treaty of Aix as what France would never be brought to yet the Prince insisted much upon it which the King imagined was by reason of the Prince's own Lands in that Country which are greater and more Seignurial than those of the Crown of Spain there
and thereupon the King told the Prince That for his Lands there he would charge himself that the Prince should enjoy them as safe under France as under Spain or if the Prince would part with them the King would undertake to get him what Price he would value them at to which the Prince generously reply'd That he would not trouble himself nor the Peace about that matter and that he would be content to lose all his Lands there to get one good Town more for the Spaniard upon the Frontier of Flanders So here the King and Prince agreed But then another Debate arose between the King and Prince one pretending France would never be brought to this Scheme the other that Spain would never be brought to it but at last it was agreed that the Peace should be made upon these Terms All to be restored by France to the Emperor and Empire that had been taken in the War and the Dutchy of Lorain to the Duke and all on both sides between France and Holland and to Spain the Towns of Aeth Charleroy Oudenard Courtray Tournay Conde Valenciennes St. Gillain and Binch which were nine Towns that the King shall endeavour to procure the Consent of France and the Prince of Spain And to this purpose the King should send some Person immediately over with the Proposition who should be instructed to enter into no Reasoning upon it but demand a positive Answer in two Days and after that term immediately return And then the King ordered Sir William within two Days to make himself ready to go and acquaint the French with it At this Agreement between the King and Prince none were present besides the Duke my Lord Treasurer and Sir William Temple so as the French Ambassador was as much surprized in it as before he was at the Marriage of the Prince but this could not be longer conceal'd from him than when it began to be put in Practice yet it seems to me he was acquainted with it before and that the King had taken other Resolutions than what was agreed upon but the Day before For Sir William having prepared all things in a Readiness to go the Evening before he met the King in the Park St. James's who call'd to him and told him he had been thinking upon Sir William's Errand and how unwelcome he should be in France as well as the Message and that having a Mind to gain Peace he was unwilling to anger them more than needs besides the thing being not to be debated or reasoned any Body else would serve the Turn as well as he whom he had other use of Sir William was very glad of it knowing how ungrateful a Messenger he should be upon this Account Then the King asked Sir William what he thought of my Lord Duras a French-man and a great Favourite of the Duke's and since Earl of Feversham It seems the King asked Sir William's Opinion only for Form and Fashion sake for the thing was the Morning before agreed upon at the Desire of the Duke upon pretence that France would accept of the Terms and that he had a Mind to have the Honour of it by sending a Servant of his own So my Lord Duras went immediately after with the Orders and some few Days after the Prince and Princess embarked for Holland where Affairs pressed his Return beyond the Hopes of my Lord Duras from France the King assuring the Prince he would never part with the least part of the Scheme sent over and would enter into a War with France if they refused it But pudet haec you 'll soon see another Face of Affairs after the Prince was gone nay before he went it was a great Mortification to him to see the Parliament prorogued till the next Spring which the French Ambassador had gained of the King to make up some good Meen with France after the Prince's Marriage and before the Dispatch of the Terms of a Peace to that Court I should not have ventured to say this if that honourable Gentleman Sir William Temple in his second Memoirs which are printed fol. 302. had not said it before But how honourable and sincere soever the Prince's Actions were in the Management of this whole Affair the outward Face of things had another Appearance which caused great Jealousies of him not only among the Amsterdamers and Common People in Holland but even among the Consederates for the Prince sending Monsieur Bentink privately over into England about the beginning of June and Sir William Temple so soon after following and the Prince's raising the Siege before Charlâ—râ—y the next day after my Lord Ossory came to his Camp and the Prince's going in September following into England these things thus concurring passed not without many Reflections not only in Holland but among the Allies as if there were Intelligences between the King and him which were heightned by the Marriage the main Business of the Treaty made by the King and Prince about the Peace being yet in Embrio so as the Prince and Princess were coldly received in Holland upon the Prince's Return and these Jealousies encreased more upon the Transactions between the English Court and France But sacred Truth and the Integrity of the Prince shall vindicate his Honour even among those who most suspected him and were so jealous of his Actions The Noise of a Peace with France so soon after the proroguing the Parliament raised a Ferment in the Nation of some Design of the Court as dangerous to the Nation as the Dutch Jealousies that their Liberties were in by the Prince's Treaty and Marriage with a Daughter of England And now the Prince was gone and out of Sight he was out of Mind too by the King in respect to the Terms of Peace agreed to and the solemn Promise the King made to the Prince upon his Departure that he would never parâ— with the least Point in the Scheme sent into France and make War upon it if it were refused For upon my Lord Duras's Arrival at Paris the Court were surprized at least seemed so both at the thing and more upon the manner of it yet made good Meen upon it took it gently and said The King of England knew very well he might be always Master of the Peace but some few Towns in Flanders seemed very hard especially Tournay upon whose Fortifications such vast Treasure had been expended and that they would take some short time to consider of the Offer But my Lord Duras told them he was tied to two Days stay but when that was out was prevailed upon to stay some few Days longer which he durst not have done without secret Orders from our Court contrary to his Instructions and at last came away without any positive Answer Hereupon the King instead of declaring War against France as he so solemnly promised the Prince entred into a Treaty with the French Ambassador at London which by French Artifice was so spun out in length without any
the King made with the States The French King after he had taken Ipre and Gaunt Luxemburg proceeded to block up Mons and Schomberg threatned to besiege Cologn and thus the Dutch bound Hand and Foot had no body else to complain to or expect any Relief from but the Court of England The Dutch had a little before sent over one Van Lewen who was the chief of the Town of Leyden who Sir William Temple says was a Man of great Honour and Worth to treat with the King to enter into a War against France which the King was obliged to by the League with them and had received 1200000 l. of the Parliament for carrying it on and by Van Lewen the States acquaint the King with the Terms upon which the French King would restore the six Towns in Flanders to the Spaniards the King at first seemed not to believe it but having sent to the French Ambassador Barillon to know the Truth of this which the Ambassador owning he seemed surprized and angry at this proceeding of France and next Morning sent for Sir William Temple to the Foreign Committee and there declar'd his Resolution of sending him immediately into Holland with a Commission to sign a Treaty with the States by which they should carry on the War and the King to enter into it in case France should not consent to evacuate the Towns within a certain time limited and the King took Pains to press Van Lewen to go over with Sir William to perswade the States of the King's Sincereness and Constancy to pursue these Measures to the utmost of his Power Armed with these Powers away goes Sir William and Van Lewen and were received with all imaginable Joy by the Dutch and Sir William by the Prince hoping by his Errand and Success of it either to continue the War or to recover such Conditions of Peace for his Allies as had been forced out of his Hands by force of a Faction begun at Amsterdam and after spread into the rest of the Provinces All the Provinces even those which were so forward for the Peace upon the French Terms were so forward in this Negotiation that in six days the Treaty was concluded by which France was obliged to declare within fourteen days after the Date thereof that they would evacuate the Spanish Towns or in case of Refusal Holland was engaged to go on with the War and England immediately to declare it against France in Conjunction with Holland and the rest of the Confederates Here observe that tho Sir William was one of the Mediators of Peace at Nimeguen yet whilst this Negotiation was perfected his Post was to be at the Hague for a Tale depends upon it The Wisdom as well as the Integrity of the Prince in the whole Negotiation of this Affair was now so conspicuous that the States owned the Prince had made a truer Judgment than they had done of the Measures which they were to expect either from England or France and if it happens that England in this Business shall prove as fickle and loose as before yet this shall never be ascribed to the Prince who was always the same he was before So now all Preparations were made for the Relief of Mons and ten thousand English being arrived in Flanders who were ordered to join the Prince he resolved to relieve Mons or to die in the Attempt After the Treaty concluded and signified to France all Arts that could be were on that side employed to elude it by drawing this Matter into a Treaty or into greater length which had succeeded so well in England that they offered to treat upon it at Quintin's then at Gaunt but the States were firm not to recede from their late Treaty made with the King and so continued till about Five Days before the Term was to expire You heard before how the King had solicited Van Lewen to accompany Sir William Temple to assure and perswade the States to pursue the Measures Sir William and he went upon to their utmost but alas now when Sir William as well as the Prince were out of Sight they were out of Mind too and now Sir William was gone he forgot the Indignation which Barillon had put upon him in the Treaty for the French Money he was to receive for joining in the French Terms with the Dutch which he then said he would never forget so long as he lived But now you shall see how absolute a Dominion the French King had over him and by what Instruments he governed him viz. a French Man a French Woman and a French Monk who had changed his Frock for a Petticoat The French Man was Barillon the French Woman was the Dutchess of Portsmouth and the French Monk was one Du Cross These three met the King in the Dutchess of Portsmouth's Chamber and in one hour's time agreed that Du Cross should carry Sir William Temple a Pacquet wherein the King commanded him to go immediately to Nimeguen and there endeavour all he could to perswade the Swedish Ambassadors as from the King to let the French Ambassadors there know That they would for the Good of Christendom consent and even desire the French King no longer to defer the Evacuation of the Towns and consequently the Peace upon the sole Regard and Interest of the Crown of Sweden and Sir William was likewise commanded to assure the said Ambassadors that after the Peace his Majesty would use all the most effectual Means he could for the Restitution of the Towns and Countries the Swede had lost in the War This was to get Sir William out of the way who spirited the Dutch in the Action that Du Cross might play his Pranks in the rest But before Du Cross had brought his Pacquet to Sir William he had gone about most industriously to the Deputies of the several Towns and acquainted them with it and that the Terms of Peace were absolutely agreed upon between the two Kings That he had brought Sir William Orders straight to get to Nimeguen and that upon his Arrival there he should meet with Letters from my Lord of Sunderland the King's Ambassador at Paris with all the Particulars concluded between them Sir William followed his Instructions and when he came to Nimeguen there were but three Days of the Term fixed by the late Treaty between the King and States at the Hague either for the French Assent to the Evacuation of the Towns or for carrying on the War in Conjunction of Holland with England and consequently with the rest of the Confederates but there found no Letters from my Lord Sunderland of the Particulars of the Peace concluded between the two Kings but on the contrary a Manifesto to the Dutch by the French Ambassadors why their Master could not consent to it without the previous Satisfaction of Sweden whose Interest he esteemed the same with his own but yet declaring he was willing to receive any Expedients the States should offer in this matter
an Habeas Corpus to the King's Bench and was brought up in order to be bailed and produced Persons of Worth to bail him but the Penalty of the Bail set by the Court was so high that the Bail refused to stand and Mr. Cleypole was remanded to the Tower But the Term after when the Matter of which he was accused appeared to be the Design of other People he was let go for fear the Examination of it should go further in proving the Popish Plot than any thing at that time discovered and therefore no further Inquiry was made on whose or on what Evidence he was committed The first who gave Light to the Popish Plot was Titus Oates which if it had depended upon his single Testimony had not like to have gone any further the Court and Tories being so industrious to ridicule it if some other Accidents should not make Oates's Testimony more credible Oates therefore refers himself to Coleman's Papers where the whole Design would appear to have been carried on for the last five Years The Court could not but inquire into the Truth of this but proceeded so slowly in it that Coleman had time enough to convey away all the Papers of his last 2 Years with his Book of Entries of them tho his Servant Boatman upon his Examination deposed he saw Coleman's Book of Entries but two Days before Coleman was made Prisoner and that had usually Letters every Post from beyond Sea However the Letters which were found amazed the greater Part of the Council But tho these Letters began this Plot in the Year 1673 yet it is evident by the Testimony of Florence Wyer who was a Roman Catholick that a Popish Plot was carried on in Ireland in the Year 1665 and 1666 and brought to Maturity in the Year 1667. For Col. Kelly and Col. Bourn were sent into Ireland from the French King with a Commission to muster as many Men as they could the French King promising to send an Army of Forty Thousand Men to establish the Roman Catholick Religion upon St. Lewis's Day in August But the French King as before noted had other Designs in his Head and at that time was engaged to make good the Dauphin's Title to Brabant and the other Spanish Territories and so kept his Word no better with the Irish than he had done his Faith in the Pyrenean Treaty the Irish hereupon complained to the Cardinal of Bovillon of the French King's Breach of Promise to them and that he should turn his Army against the Catholick King and not redeem Ireland from its Heretical Jurisdiction which you may read at large in Plunket's Trial and how it was carried on till the Discovery of that in England and all this proved by Roman Catholicks If those Counsellors which were not engaged in the Popish Plot were amazed at this Discovery of Coleman's Letters those who were ingaged in it were not less surprized and the Parliament being to meet some few Days after I think the 1st of October the King hereupon as aforementioned took Counsel whether he might not prorogue it to a further Day and 't was said Chancellour Finch was of Opinion he might whereupon Mr. Seymour now Sir Edward then Speaker of the Commons went out of Town but upon Advice of John Brown Clerk of the Parliament that so many Members of both Houses must meet and sit when a Prorogation was made Mr. Seymour was recalled and the Houses met and were prorogued accordingly Between this Prorogation and the meeting of the Parliament Sir Edmundbury Godfrey was murdered Oct. 12. and if the Council were amazed at Coleman's Letters the whole Nation was not less at the Murder of Sir Edmund and the time set for the meeting of the Parliament being about 9 or 10 Days after the Court thought not fit to make another Prorogation to take new Counsel upon the Murder of Sir Edmundbury Godfrey Here I think fit to relate one Story concerning the Murder of Sir Edmundbury Godfrey which I find no where in Print and the rather for that Sir R. S. so ridicules Prance's Evidence because he recanted before the King in his Closet all that he had been examined and swore to about Sir Godfrey's Murder which he again recanted after he came to Prison a Papist he was and by Profession a Silver-Smith and wrought for the Priests and others in Somerset-House and was assisting at the Murder of Sir Edm. Godfrey and also at the carrying the Body out of Somerset-house and sometime after the Murder of Sir Edm. Godfrey was discovered some of Prance's Neighbours having observed that Prance did not come to his House for several days they represented it to some Members of the House of Commons that they had a great Suspicion that Prance had a Hand in the Murder of Sir Edmund and thereupon they got an Order to seize Prance and bring him before the House which they did and the House ordered Sir Rich. Everard and Sir Charles Harboard to examine him Before the Murder Le Faire Pritchard and other Priests treated with Bedlow to be assisting in the Murder of Sir Edm. but Bedlow tho he promised it relented and did not come but the Monday after the Murder viz. Oct. 14. he met Le Faire in Red-Lyon Court who charged him with not keeping his Word but charged Bedlow to meet him at 9 a Clock in Somerset-house and there told Bedlow that tho he was not assisting as he promised in the killing of Sir Edm. yet if he would be assisting in the carrying him off he shold have 2000 l. Bedlow then desired Le Faire if he might not see the Body who told him yes which Bedlow did and then they advised about the Disposal of it and Bedlow advised the sinking the Body in the River with Weights which was not agreed to thus far Bedlow deposes but in seeing the body Bedlow saw Prance there in the Company too but did not know him before Bedlow says he was troubled in Conscience having twice taken the Sacrament to conceal the Business and went to Bristol where God put it into his Heart that some Murders were past and greater to come for Prevention whereof he was convinced it was his Duty to come to London to reveal this Wickedness which he did and came into the Lobby of the House of Lords to make a Discovery where I then saw him In the mean time Sir Charles Harboard and Sir Rich. Everard having examined Prance and the House being set left Prance to the Care of the Constable of Covent-Garden who brought him into the Lobby of the House of Lords where Bedlow seeing him but never before he saw him in Somerset-house Bedlow charged the Guards to seize him for that he was one of those he saw at Somerset-house where the Body of Sir Edm. Godfrey lay and by the same token he had then a black Peruke but now none hereupon Search being made the Peruke was found Here I make a twofold Remark one of the
January and the same Day issued out Writs for a new one to meet at Westminster the 6th of March following which was just 40 Days between the Test and Return In this Interval the Blaze of the Parliament's Vote of their Apprehensions of a damnable and hellish Popish Plot had taken deep Impressions in the Minds of Men in general and the Whigs taking Advantage of it in this short Interval run down the Tories without Opposition nay even the King himself apprehended there could be no Hopes of attaining his Ends in the next Parliament but by seeming zealous in the prosecuting the Discovery of the Popish Plot and that he would not longer be governed by Favourites and single Councils There had been several Debates in the House of Commons of the dangerous Consequences in reference to the Duke of York's Succession to the Crown and that the Bottom of the Popish Plot centred in the Duke's being a Papist and the presumptive Heir to the Crown but I do not find they came to any Vote upon it yet resolved upon the 8th of November to make an Address to the King That the Duke might withdraw himself from his Person and Councils and in Conformity therewith the Duke went or was sent into Holland and upon the meeting of the Parliament the King acquainted them how great things he had already done for the preventing the Progress of the Popish Plot as the Exclusion of the Popish Lords from their Seats in Parliament and the Execution of several Men upon the Score of the Plot as well as the Murder of Sir Edmundbury Godfrey but above all that he had commanded his Brother from him because he would not leave malicious Men room to say he had not removed all Causes which could be pretended to influence him toward Popish Counsels and tells That as he had not been slack in putting the present Laws in Execution against Papists so he was ready to join in making such further Laws as may be necessary for the securing the Kingdom against Popery and then demands a Supply and concludes with his Desires to have this a healing Parliament The House chose Mr. Seymour the Speaker of the last Parliament to be their Speaker in this but the King rejected him which was no good Presage of a healing Parliament and so the Commons chose Mr. Serjeant Gregory and the King accepted him The Commons began where the last Parliament left in prosecuting their Impeachments against the Earl of Danby and the Popish Lords in the Tower but who should be first tried and what were the Jurisdiction of the Bishops Right of Voting in their Impeachments and their Judgments in Cases of Blood run quite through this Sessions wherein the Lords and Commons seldom agreed There were two things which made the Earl of Danby's Case more favourably spoken of one That tho he was prosecuted several Weeks after the Popish Lords were committed yet the Commons would not proceed in their Impeachments against the Popish Lords before the Lords had given their Judgments upon the Earl's Plea The other was a Vote of the Commons upon the 9th of May That no Commoner whatsoever should presume to maintain the Validity of the Earl of Danby ' s Pardon without Leave of the House first obtained and that the Persons so doing shall be accounted Betrayers of England and there was no Nobleman a profest Lawyer so that tho the Earl's Plea upon his Pardon was Matter of Law yet no Commoner must presume to plead his Cause The King besides his sending the Duke of York beyond Sea that the World might now see how otherways he was become a new Man for the future upon the 20th of April 1679 made this Declaration in Council and in Parliament and after publish'd it to the whole Nation how sensible he was of the ill Posture of his Affairs and the great Dissatisfaction and Jealousies of his good Subjects whereby the Crown and Government were become too weak to preserve it self which proceeded from his use of a single Ministry and of private Advices and therefore professed his Resolution to lay them aside for the future and be advised by those whom he had then chosen for his Council in all his weighty and important Affairs together with the frequent Advice of his great Council in Parliament and indeed in this Council were many worthy Members my Lord of Shaftsbury was President of it and the then Sir Henry Capel and Sir William Temple Members of it But this Declaration of the King 's added to the sending the Duke of York into Holland had not the King 's desired Effect the Commons besides the Dread of the Popish Plot as well at present but more in consequence after the King had declared he would not alter the Succession of the Crown in the right Line were no ways satisfied with the Disbursements of the Money nor the disbanding the Army yet were resolved it should be done and voted another Sum of 26462 l. for it but it was not carried without some Difficulty that these Monies should be paid into the Exchequer but Chamber of London however the Commons carried That the Money so raised should be appropriated to that Use and to that End appointed Commissioners to disband the new-rais'd Army and so voted That the Continuance of any standing Forces in this Nation other than the Militia to be illegal and a great Grievance and Vexation to the People hereby meaning the King's Guards They also ordered a Bill to be brought in for annexing Tangier to the Imperial Crown of England and voted That those who did advise the King to part with Tangier to any foreign Prince or State or were instrumental therein ought to be accounted Enemies to the King and Kingdom But how jealous soever the Commons were of the King yet they conceived it was his Life which secured them from the Fears they dreaded of the Duke's coming to the Crown and therefore upon the 11th of May voted Nemine contradicente That in Defence of the King's Person and the Protestant Religion this House does declare that they will stand by his Majesty with their Lives and Fortunes and that if his Majesty shall come to an untimely End which God forbid they will revenge it upon the Papists It seems the Commons had more Care of the King than he had of himself for he not only countenanced the Plotters but ridiculed the Plot. In his Speech at the opening this Parliament he told them he had not been idle in discovering the Plot and in the last he told Sir William Temple he was displeased with the Earl of Danby for bringing the Popish Plot into Parliament against his absolute Command Oliver's Professions and Actions never appeared so hypocritical and deceitful as this King 's and all this after the Parliament had voted there was a hellish Conspiracy by the Papists against his Life and this proved by a Cloud of Witnesses agreeing in the Manner and Circumstances of it as Oates
Bedlow Prance Dangerfield Bolron and Mowbray many of which had never seen one the other before they gave their Testimonies Objection These were Witnesses of suspected Fame therefore no Credit ought to be given to them But admit this were true which is not for except Dangerfield and while Prance was frighted with Terror there was no Objection against Oates Bedlow Mowbray and Bolron it will admit of a twofold Answer 1. Truth is one and consists in entire parts whereas Error and Falshood is infinite and therefore it had been impossible that Mowbray and Bolron who had never seen Oates or Bedlow before they gave their Testimonies and Bedlow who had never known Mowbray Bolron nor Oates should concur not only in the Design of killing the King but in the Manner Place and Circumstances of it 2. Admit these Mens Evidence might not have been credited in other Cases yet it 's fit to consider Witnesses in civil or criminal Cases in civil Cases Men may make Elections of what Witnesses they please and it is their Fault if they make not use of Men of know Integrity and Repute that more Credit may be given to their Evidence and the End of civil Actions and Contracts is that they may be known but immoral and wicked Actions are Deeds of Darkness and contrived so as that they may not be known so that the Knowledg of them comes to pass either by Accident or from the Conspirators themselves as if only one Man sees a Murderer or a Thief kill or rob another if his Testimony shall not be taken because otherwise an ill Man Multitudes of Murders and Thefts might pass unpunished So if Cicero when Fulvia first discovered Catiline's Conspiracy to him had told her she was a Whore and no Credit could be given to any thing she said Rome might have been in a Flame as London was and all the Senators Throats might have been cut But admit no Credit could be given to any or all these Mens Testimonies who were all Roman Catholicks I would know what Objection could be against Mr. Jenison a Gentleman of Birth and Quality who gave no Evidence at Ireland's Wakeman's Piâ—kering's or Grove's Trials and changed his Religion when he heard that Ireland who was his Father Confessor at his Death denied that he was in Town but in Staffordshire when Oates and Grove's Maid said he was in London in August 1678 and printed it and the Reasons of it and also at my Lord Stafford's Trial in open Parliament deposed That Ireland told him there was but one that stood in the way and that it was an easy thing to poison the King and that Sir George Wakeman might easily and opportunely do it and that in August 1678 when Ireland at his Death declared he was in Staffordshire Ireland told Mr. Jenison in London when he was newly returned from Windsor how easily the King might be taken off and asked Mr. Jenison if he would be one of them who should go to Windsor and assist at the taking off the King and proffered Mr. Jenison to remit 200 l. which he owed Ireland if he would Then Ireland asked if he knew any stout Irish-men who answer'd he knew Captain Levallian Mr. Kerney Brohal and Wilson Ireland told him he knew Levallian and Wilson and then Ireland asked him if he would go with them and assist them in taking off the King after this Ireland told Mr. Jenison he was going to the Club where Mr. Coleman Mr. Lavallian and Kerney would be and he wanted 80 l. which he desired Mr. Jenison to return him Mr. Jenison further deposed That his Brother Mr. Thomas Jenison a Jesuit said If C. R. will not be R. C. which he interpreted to be Si Carolus diuâ—â—ret â—â—ret Rex Carolus and that it was no great Sin to take him off Mr. Jenison desiring a new Commission in the new rais'd Army his Brother told him he would procure him one from the Duke of York and that there was another Army to be raised but this was not to be till the King was taken off and this I say that about this time there was a general Rumour of a Page being kill'd upon a Couch in the Night at Windsor where the King was laid but a little before and that the King upon the Fright of it came next Morning to London and that it was Prince Rupert who with much Importunity got the King having been drinking hard before from the Couch and put him to Bed and that the Page who was killed asleep upon the Couch was wrap'd up in the Cloak the King was in The Commons likewise resolved Nemine contradicente That the Duke of York being a Papist and the Hopes of his coming as such to the Crown have given the greatest Countenance and Encouragement to the present Conspirators and the Designs of the Papists against the King and Protestant Religion But the Designs of the King was how to get Money for providing a Fleet for our common Security now in time of such a Peace as the French King had granted Christendom after the King had taken his Money to join in it and after he had taken the Parliament's Money to enter into an actual War against France and after the Parliament had twice given Money for disbanding this Army which not succeeding the Commons dreading how Monies given at this time of Day might be employed took no more Care in it than the King did in the Discovery of the Popish Plot so he prorogued the Parliament upon the Twenty seventh of May to the Fourteenth of August and upon the Twelfth of July dissolved them We shall better take a View of what followed the Prorogation of the Parliament in England if we take a Step into Scotland and see what 's doing there Upon the 3d of this Month of May John Balfour of Kinlock David Hackston of Rathilelet George Balfour of Gilston James Russel in King's Kittle Robert Dingwall a Farmer 's Son in Caddam Andrew Guillon a Weaver in Balmerinoch Alexander Henderson and Andrew Henderson Sons of John Henderson of Rillbrachment and George Flemming Son to George Flemming of Balbuthy murdered Doctor Sharp Arch-bishop of St. Andrews who before the King's Restoration had held an exalted Place in the Scotish Presbytery and was in high Esteem among them in as vindictive a manner as was that of the Marquess of Montross about twenty one Years before as being a perjured Apostate Prelate a Villain a Persecutor of the Godly a Betrayer of Jesus Christ and his Church and which augmented the Horror of the Fact if my Author of the second Address to the Free-men of England pag. 58. says true Thâ—â— they several times beat down the Arch-bishop's Daughter upon her Knees begging her Father's Life and trampled upon heâ— and wounded her This barbarous Act was a Prelude to what followed for upon the 29th of this Month a Party of about 80 of the Covenanters met at Ragland in Scotland well mounted and well armed and proclaimed
made out the Popish Faction would lose the Tories and Passive-Obedience-Men who at present were their dearest Joys and without them they had not Means to carry on their Design of propagating the Catholick Cause they were sure of the King tho it 's believed he loved not the Duke of York and therefore the King made three Declarations the first of the second of June 1679 wherein he calls the Report of his Marriage or Contract with Mrs. Walters alias Barrow the Duke of Monmouth's Mother false and scandalous and upon the sixth of January following declared that they who should say he was married or contracted to the Duke of Monmouth's Mother were neither his nor the Duke's Friends and declared in the Presence of Almighty God that he was never married nor contracted to any other Woman but his Wife Queen Catherine and upon the third of March following declared in Council and entred it into the Council-Books in the Presence of Almighty God that he was never contracted or married to any other Woman but his Wife Queen Catherine and the Popish Party were sure enough no Issue would spring from thence to the Prejudice of their Cause And that the King might gratify this Faction as well as he had done the Nation in sending the Duke of York out of it he sends the Duke of Monmouth after him but the Duke being informed that Banishment is a Punishment which the King cannot inflict upon any Man unless he be convicted of some Crime the Duke of Monmouth returns again and the Duke of York followes him with this different Success that the Duke of Monmouth had all his Places of Profit and Trust taken from him and the Duke of York was sent High Commissioner into Scotland where the Duke of Monmouth's Victory at Blackborn had left a clear Field in Scotland for the Duke of York to play what Game he pleased but how well this agreed with the King's Speech at the opening of the Parliament That he had commanded his Brother to absent himself from him because he would not leave malicious Men room to say that he had not removed all Causes which could be pretended to influence him to Popish Councils a little time will shew but before we take a View of the Duke of York's Actions in Scotland it 's fit to see how things were carried on in England between the Dissolution of the Parliament and the meeting of the next or third Westminster-Parliament of this Reign The King by Proclamation dissolved the Parliament upon the 12th of July 1679 and issued out Writs for the meeting of another the 17th of October following but like the usual Methods of other things in this Reign when they met he prorogued them to the 26th of January following and then prorogued them to the 5th of April following viz. 1680 and from thence to the next 17th of May And when they then met prorogued them to the first of July and from thence to the 21st of October when he graciously declared they should then sit And now let 's see what 's doing in the mean while for the discovery and suppressing of the Popish Plot. To humour the Court the Tory Party set their Wits to work to ridicule the Popish Plot and Roger L'Estrange as Pensioner of the Party comes weekly or oftner out in defiance of it who is Party Judg Licenser and Rifler of the Press whilst his Antagonist Care who wrote The Weekly Packet of Advice from Rome wherein he discovered the Frauds and Superstitions of that Court and Church is not only thereupon arraigned convicted and sentenced for printing illicite or without Licence but by an Order of the Court of King's Bench it was ordained That the Book intâ—led The Weekly Advice from the Church of Rome or the History of Popery shall not from thenceforth be printed or published by any Person whatsoever Then a Design was set on foot to throw the Popish Plot upon the Presbyterians by leaving Papers of a Plot in the Lodgings of the principal Persons who were active in the discovery of the Popish Plot and then to search their Houses and prosecute them upon it and these Papers to be given in Evidence against them Mrs. Cellier was a principal Agent herein and Dangerfield as her Instrument at first made an Attempt herein upon Colonel Mansel who was prosecuted upon it but the Examination of it was referred to Sir William Jones then Attorney General upon whose Report of it to the Council they thereupon voted Colonel Mansel innocent and Dangerfield guilty and that this was a Design of the Papists to lay the Plot upon the Dissenters Charge and a further Proâ— of the Popish Plot. But this was such a Crime in Sir William Jones that he was soon after put out of his Place and Sir Robert Sawyâ—â— put in who would not venture the loss of his Place for such another Report By this time my Lord Chief Justice's Zeal which he professed for discovery of the Popish Plot was inverted into the quite contrary and he was not of the Opinion of the Council For after this Dangerfield procured his Pardon and then discovered the whole Plot which he printed hereupon Mrs. Cellier was prosecuted and tried before my Lord Chief Justice Scroggs upon the eleventh of June 1680. and Mrs. Cellier excepting against Dangerfield's Evidence he having his Pardon the Case was sent to the Court of Common-Pleas for their Judgment upon it who gave it that Dangerfield's Evidence was good yet let any Man read the Trial and see how the Chief Justice rated and vilified him so as Mrs. Cellier was quit and after the Trial committed Dangerfield to Prison upon the account there was a Defect in his Pardon though it was not then before him whether there was any Defect in his Pardon or not Then the Popish Party set another Design on foot to suborn the Discoverers of the Popish Plot for which Mr. Reading was tried and committed and also to suborn defame and scandalize the King's Evidence in the Discovery of the Popish Plot for which Thomas Knox and John Lane were convicted upon the twenty fifth of November 1679 and John Tasborough and Ann Price upon the third of February following Another Step towards the Discovery of the Popish Plot and Subversion of Popery was to discharge those in Prison upon it and in order to it you may read in the Trial of Sir George Wakeman Corker and Marshal what a Stress my Lord Chief Justice Scroggs put upon Oates his not accusing Sir George Wakeman upon his Letter before the Council when Oates was so tired weak and confounded with his other Evidence that he was scarce able to stand and how the Chief Justice repeats this and bids the Jury weigh it well and not be amazed or affrighted at the noise of Plots and that Sir Wakeman's Corker's and Marshal's Blood lie at Stake as did his and the Juries Souls c. And in my Lord Castlemain's Trial how he undervalued
Dangerfield's Evidence and told the Jury that Treason must be proved by two Witnesses and if they doubted upon one it was his Opinion it was but a single Evidence These Prisoners thus discharged the next Design to crown the Work was to make a Precedent That no future Prosecution should be made for convicting Roman Recusants and to that end in Trinity Term 1680 before the Parliament met the Chief Justice Scroggs discharged the great Inquest of Oswaldston before they had given in their Presentments of several Bills of Indictments against the Duke of York and other Roman Catholicks I do not find that in all these Transactions the King made use of the Council which he chose the twentieth of April 1679 where my Lord Shaftsbury was President and Sir Henry Capel Sir William Temple and many other noble Persons were Members of it when he declared in Council and Parliament and to the whole Nation How sensible he was of the ill Posture of his Affairs and the great Dissatisfaction and great Jealousies of his Subjects whereby the Crown and Government was become too weak to preserve it self which proceeded from a single Ministry and of private Advices and therefore profess'd his Resolution to lay them wholly aside for the future and to be advised by those able and worthy Persons whom he had then chosen for his Council and by the frequent Advice of his Parliament in all his weighty Affairs I do not find when he dissolved this Council yet I am confident none of these things were done by their Advice yet this I find that none of these were present when the King in Council the third of March 1679 declared against his Marriage with the Duke of Monmouth's Mother and this was within the Year after the twentieth of April 1679. How the Duke of York carried on the Design of the Discovery of the Popish Plot and endeavoured the Suppression of Popery in Scotland at this time is not yet ripe to be declared but in this Posture things stood in England when the Parliament met the twenty first of October 1680. Upon the opening of the Parliament the King told them The several Prorogations he had made had been very advantagious to our Neighbours and very useful to him for he had employed that time in making and perfecting an Alliance with Spain sutable to that which he had before made with the States of the Vnited Provinces and they also had with Spain consisting of mutual Obligations of Succour anâ— Defence So then it was not for the Transactions aforesaid and the sending the Duke of York High Commissioner into Scotland which no doubt but the Parliament if they had been sitting would have boggled at but for making and perfecting Alliances with the States of Holland and if any such Alliances were making or made what would the sitting of the Parliament have hindred them I 'm sure they might and would have advanced them It was in November 1677 that by the Agreement between the King and Prince of Orange the French should deliver up to the King of Spain the Towns of Aeth Charleroy Oudenard Courtray Tournay Valenciennes St. Gillain and Binch Lorain to that Duke and the Towns which the French had taken in Alsatia to the Emperor and in case of Refusal within two days after by the French King our King was to declare War against the French King and join with the Dutch States and Confederates to compel the French to it and at the Prince's Departure promised him never to depart from the least Point of it It was not two Weeks before the King brake this Promise and to amuse and raise a Jealousy among the Confederates by Mr. Thyâ— Sir William Temple refusing to have any hand in it about the latter end of December following made a separate League with the Dutch States upon the Parliament's giving him 1200000 l. to enter into an actual War against France In May following viz. 1678. the King took French Money to join with a Faction in Holland to make a separate Peace with France upon delivery of six of the nine Towns to the Spaniard whereof two of the three not to be delivered to the Spaniard were Tournay and Valenciennes worth all the rest and the Duke of Lorain and the Emperor left loose and uncertain In July following upon the French refusal to deliver up these six Towns to the Spaniard the King would declare War against France and join with the Dutch and the rest of the Confederates in it Hereupon Sir William was sent to the Hague and in six days time concluded a League with the States that if within fourteen days after the Date of it France did not declare to evacuate these six Towns Holland engaged to proceed in the War against France and Sir William sent over the Conditions to be ratified by the King During these Transactions in Holland and it may be before the League came over to be ratified by the King the King sent Du Cres with Instructions to Sir William Temple to remove from the Hague to Nimeguen and to divulge that the King and French King had absolutely agreed and consented to a Peace and that he had brought Orders to Sir William Temple to go straight to Nimeguen where he should meet with Letters from my Lord of Sunderland the King's Ambassador at Paris with all the Particulars concluded between them The Fourteen Days for the French Agreement to evacuate the Towns running so fast away in the mean time that Beverning and his Faction upon the last of the Fourteen Days pleaded a petty Necessity of huddling up that treacherous Peace which left Christendom to the Mercy of the French Would not one think it strange now that the Dutch and poor Spaniard should have such a mutual Confidence in our King's Faith and to trust to his mutual Obligations of Succour and Defence Or that the King should be so staid in making this League for it was above eighteen Months after the Prorogation of the last Parliament to the Meeting of this and above Fifteen Months from the Dissolution of it and yet so hasty in all his other Leagues After the Benefits which Christendom as well as England may reap by these Alliances if our Divisions at home do not make our Friendship less considerable the King thought fit to renew all Assurance that can be desired for Security of the Protestant Religion which he is resolved to maintain against the Conspiracies of our Enemies Can any Man who reads the Transactions between the Prorogation of the last Parliament and the Meeting of this force a Belief of this And concur with any new Remedies which shall be proposed which may consist with preserving the Succession of the Crown in its due and legal Course of Descent That is Let the Wolf be Shepherd and let the Sheep make what Laws they please for their Preservation Was it not known that the Duke of York was a Jesuited Papist whose Maxims are That no Faith is to
for repealing the said Act of 35 Eliz. which passed the Commons upon the 26th of November and was sent up to the Lords who agreed to it As the Lords joined with the Commons in passing this Repeal so did the Commons join with the Lords in their Vote the 4th of January viz. Resolved by the Lords Spiritual and Temporal in Parliament assembled That they do declare that they are fully satisfied that there now is and for divers Years last past there hath been an horrid and treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion in Ireland for massacring the English and subverting the Protestant Religion and antient established Government of that Kingdom To which the Commons added That the Duke of York being a Papist and the Expectation that Party had of his coming to the Crown hath given the greatest Encouragement to the Popish Plot as well in Ireland as here But the Lords ran counter to the Commons in the Bill intituled An Act for securing the Protestant Religion by disabling James Duke of York to inherit the Imperial Crown of England and Dominions and Territories thereunto belonging for after the Reading it the first time in the House of Lords and the Question being put whether it should be read a second time it was resolv'd in the Negative by above a double Majority of Votes If the Lords and Commons ran counter in some things the King and Commons ran counter almost in every thing The King 's main End in calling this Parliament was to get Money for the Preservation of Tangier and in perfecting the Alliance he had made with Spain The Commons would not give any Money upon the Account of Tangier for three Reasons One was For that as the state of the Nation stood it might augment the Strength of the Popish Party and encrease the Danger of the Nation Another was There were several Regiments besides the Guards in pay in England which might be transported to Tangier with little Charge and be maintained there as cheap as here And the third was That that Garison was the Nursery of Popish Officers and Soldiers The Commons would not give Money for the pretended Alliance of mutual Obligations of Succour and Defence with Spain for three Reasons 1. The Jealousy they had of the King's Sincerity in this Alliance and the more because the King did not declare to them what manner of Alliance this was and it might be more to the Prejudice than Benefit of this Kingdom or if it should have been to the Benefit of the Kingdom they could have no more Assurance of the Performance of it than they had of the Triple League that made with the Prince of Orange or that made between the King and States of Holland by Mr. Thyn on the King's Part which were all broken almost as soon as made 2. The Impossibility of any Benefit which could arise to England and Spain by such an Alliance for if all Christendom after the separate Peace which the King joined with the Dutch Faction in could not uphold Spain and the Spanish Netherlands from falling under the Dominion of the French how could the King in the feeble and distracted state of the Nation be in a condition to support it without them 3. The Unreasonableness of giving Money upon this Account for tho oftentimes the Kings of England have demanded Supplies for maintaining vast Wars yet never any King of England before demanded Supplies for making Alliances and not declare what such Alliances were But if any such mutual Alliances of Succour and Defence were made between our King and the King of Spain I 'm sure they were ill observed by the King for two Years after viz. 1682 the French blocked up the City of Luxemburgh and the next Year took Courtray one of the six Towns delivered back to the Spaniard by Beverning's separate Treaty from the Confederates and keeps it to this Day and so the French King does Luxemburgh which he took by plain Force from the Spaniard the next Year after viz. 1684. I wish I could find any mutual Succour of Defence the King gave the King of Spain in any of these either by this Alliance or as the King was Guarantee in the Treaty of Aix la Chapelle which in his Proclamation against the Dutch in the second Dutch War he declared he would maintain Nor did the Commons only run counter to the King's Designs of getting Money but considering the dangerous and weak state of the Kingdom as by the Debt the King had contracted by shutting up the Exchequer and his squandring away almost all the antient Revenues of the Crown and to prevent the like upon the Revenue settled upon the King since his Restoration upon the 7th of January resolved 1. That whosoever shall lend or cause to be lent by way of Advance any Money upon the Branches of the King's Revenue arising by Customs Excise or Hearth-money shall be adjudged a Hinderer of the Sitting of Parliaments and be responsible for the same 2. That whosoever shall accept or buy any Tally or Anticipation upon any part of the King's Revenue or whosoever shall pay such Tally hereafter to be struck shall be adjudged to hinder the Sittings of Parliaments and be responsible therefore in Parliament Now let 's see wherein the King run counter to both Lords and Commons After the Lords had agreed with the Commons in the Repeal of 35 Eliz. the Bill was taken from the Lords Table and never heard of after which no Man durst have done without the King's Command at least Privity Herein you may observe the Insincerity of the King's Indulgences for dispensing with the Penal Laws against Dissenters when he nourished those Ends by them which the Parliament dreaded and now the Parliament would have legally eased them the Bill must be ravished away Here is a greater Wonder yet to be told of this Parliament for notwithstanding all these Discords between the Lords and Commons and the King and the Lords and Commons yet they all reconciled in making the Act against the Importation of Irish Cattel c. perpetual thereby to perpetuate the Discords between the Kingdoms of England and Ireland as much as those between Whig and Tory. And in this posture of Affairs the King prorogu'd the Parliament from the 10th to the 20th of January 1681 and upon the 18th dissolved them This Dissolution caused a great Amazement in the Nation but in some measure to allay it the King summons another to meet the 21st of March following at Oxford This rais'd a Jealousy in the Nation and many of the Nobility that there was some hidden Design nourished in the Court which might have dangerous Influences upon the Nation and the Parliament too Hereupon 16 of the Nobility petitioned the King against the Meeting of the Parliament at Oxford and my Lord of Essex upon the Delivery of it made a short Speech which I believe was not forgotten afterwards The
Lords in their Petition set forth That the King by divers Speeches and Messages to both Houses of Parliament declared to them the Danger which threatned his Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the sudden Growth of a foreign Power from which no Remedy could be provided unless by Parliament and the uniting the King's Protestant Subjects That upon the 21st of March 1679 his Majesty having chosen a Council of many honourable Persons declared to the Parliament and whole Nation That being sensible of the Evil of a single Ministry or private Advice for the future he would refer all things to that Council with the frequent Advice of his great Council of Parliament That to their unspeakable Grief that Parliament was soon after prorogued and dissolved before it could perfect their intended Relief and Security to the Nation and tho another were called yet they were not permitted to sit till the 21st of October last when his Majesty declared That neither his Person nor the Kingdom could be safe till the Plot was gone through yet upon the 10th of January following it was prorogued whereby all their pious Endeavours to save the Nation were overthrown and the good Bills for uniting his Protestant Subjects brought to nought the Discovery of the Irish Plot stifled and the Witnesses to prove the same discouraged whereby the Strength and Courage of our Enemies both at home and abroad are encreased and our selves and Country left in Danger to be lost and brought to Desolation That in these Extremities under God they had nothing to comfort them but the Hopes of the Parliament's meeting at the Day to which they were prorogued but that not only failed by their Dissolution but to call another at Oxford where neither Lords nor Commons can be in Safety but exposed to the Swords of Papists and their Adherents of whom too many were crept into his Majesty's Guards the Liberty of Speaking destroyed and the Validity of their Acts left disputable That the Straitness of the Place could not admit of the Concourse of People which follow the Parliament That the Witnesses to give Evidence against the Popish Lords and others would be put to great Charges which they cannot bear nor trust themselves under the Protection of the Parliament which it self is under the Power of Guards and Souldiers and therefore pray that the Parliament may meet and sit at Westminster Sir W. J. adds another Reason That the Meeting of the Parliament at Oxford would have the Inconvenience of making use of the Journals of the Houses and other Records I do not find what Answer the King gave the Lords but he expressed his Displeasure by a Frown and how loose soever he was in all his Promises to the Parliament you 'll see him steddy in this of the Parliament's meeting at Oxford yet not forget the Lords that petitioned him whereof the Duke of Monmouth the Earls of Bedford Essex and Shaftsbury were four But before we proceed to discover what was done in this short Interval between the Dissolution of this last Westminster Parliament and the meeting of that at Oxford it will not be amiss to take the Resemblance which was between the Tories and Whigs at this time with the Prerogative-Men and Puritans during Laud's Regency in the Reign of King Charles the First In those Times the Prerogative and high-flown Church-men however they were countenanced and preferred by the Court yet of all Factions were the least considerable in the Nation and had the least Interest in it even less than the Papist and when they had by their Extravagancies and tyrannical Dominion given such a Reputation to the Puritan Party as by Contradiction or Opposition of them to be able to raise a War in the Nation they were not only less assisting the King in it than the Papists but generally ran counter and they and their Sons joined with the Puritans against the King So that the King being assisted in the War by the Nobility and Gentry who desired to preserve the Constitutions of the Church and State and by the Papists the Storm fell upon them without Distinction so that these equally exasperated against the Factions upon King Charles's Restoration were easily reconciled to join against them and thus it continued not only in the Body of the Nation but in the Parliament for the first ten Years after the King's Restoration But then the Popish Designs at Court beginning to appear almost bare-fac'd the Commons began to tack about but so did not the Lords especially the Lords Spiritual who could not forget the Injury done not only to their Persons but their whole Order as well in throwing them out of the Lords House as extirpating Episcopacy and the King having multiplied a Nobility of his Favourites these joined with the Bishops who yet maintained the King's absolute Power under a new Title of Passive Obedience to it had a great Majority opposite to the Commons As Laud's Instruments had the Dominion of the Press whereby they vented all their Spight against the Puritans and persecuted them if they made any Answer so did the Tories and as Laud's Faction stigmatized all others except Papists which were not of their Faction with the Name of Puritans so did the Tories all other but Papists with the Name of Whigs But herein the Tories in this Reign had a great Advantage above the Prerogative-men in King Charles the First 's Reign for this Prince was of a more parsimonious Nature not at all becoming so great a Prince and had not one third of the Revenue which his Son had who profusely scatter'd it amongst his Minions and Favourites and sure it will set an ill Character upon his Memory to have it left upon Record by what strange ways to Honour and Justice he made himself a Drudg to his Favourites to get Money from his Subjects to support them whilst he became a Pensioner to the French King himself and was so loose in all his Leagues which he made with all other Princes and States After the Popish Plot broke out and the King had dissolved the Long Parliament the whole Genius of the Nation became quite altered as plainly appeared in their Election of the Commons in these two succeeding Westminster Parliaments who for their Quality were equal to any House of Commons that ever was before and the Tories have now as little an Interest in the Nation as the Prerogative-men had in King Charles the First 's Reign iâ— Laud's Regency However the Tories were balked of the Expectation of their Pensions by the Commons giving no Money in these two last Parliaments yet they abated nothing of their Impudence in making all but themselves and the Papists to be Whigs and that aâ— was now running back to Forty One and into a Commonwealth In this Disguise since the Meal-Tub Plot had no better Success one Fitz-Harris the Son of Sir Edward Fitz-Harris both Irish and Papists sets up
the others were so that they proceeded where the last Commons left and sat but seven Days wherein they had these foâ—â— Considerations under their Debates first the preparing a 〈◊〉 against the Duke of York's Succession the second the taking the Bill of the Repeal of the Act of 35 Eliz. out of the House of Lords the third an Inquiry into Fitz-Harris's Business the fourth a Prosecution against the impeached Lords in the Tower The Commons spent the three first Days in choosing their Speaker and confirming him and in taking Oaths as the Laws direct so that it was Thursday the twenty fourth of March before they entred upon any Business and being dissolved upon the Monday following they could make but little Progress upon the four Particulars aforesaid and each of them was so green that the Court would not endure much Enquiry into any one of them Upon the Debate of Fitz-Harris's Business one of the Members reported how that one Hubert had confessed that he had fired the City of London upon which the House resolved to examine him next Morning but before the House sat next Morning Hubert was hanged to prevent it and they remembred there was a Design to have tried the Popish Lords in the Tower by Indictment to prevent which the Commons exhibited general Impeachments against them with that Success that the Lords were never tried upon Indictments and the Judges gave their Opinions they could not Hereupon the Commons ordered an Impeachment of Fitz-Harris upon Friday the twenty fifth of March and ordered Sir Lionel Jenkins to carry it up to the Lords who at first refused it saying The sending of me upon this Message reflects upon my Master the King and do what you will I will not go Hereupon seveveral moved to call him to the Bar and several Speeches were made of his Offence but at last he relented and carried up the Impeachment to the Lords but the Lords threw it out But the Lords having thrown out the Impeachment the Commons the next Day being Saturday the twenty sixth ran high in their Debates upon it One said this was to have no further use of a Parliament but to serve a present Purpose Another said Indictments were brought against the Lords in the Tower yet that was no Impediment against their Impeachment in the Lords House and the last Day of the last Sessions of Parliament the Lords accepted an Impeachment of the Lord Chief Justice Scroggs and that this Denial of Justice by the Lords was greater than my Lord Chief Justice Scroggs's Denial of taking Presentments from the Grand Inquest of Middlesex by how much the Commons of Parliament are the great Inquest of the Nation Another said this is a new Plot against the Protestants of which Fitz-Harris is accused and the Commons impeach him and the Lords say We will not hear it and that if it were not for the Lords Fitz-Harris might have discovered all the Conspiracy and the Protestant Religion might have been saved and therefore moved That the denying this Impeachment tends to the Subversion of the Constitution of the Parliament and of the Protestant Religion Another said That this was a Confirmation of the Design to murder the King and the Duke consenting to destroy his own Brother and our King and therefore moved That if any Judg Justice or Jury proceed upon Fitz-Harris and he be found Guilty That the House would declare them guilty of his Murder and Betrayers of the Rights of the Commons of England to which was added upon the Motion of Sir W. J. or that any Inferiour Court shall proceed c. which was passed The Reason of these Votes were That if Fitz-Harris were tried upon an Indictment he must have been tried singly upon the Fact whether he were guilty or not of contriving and dispersing the Libel but upon an Impeachment the Commons might enquire into the whole Conspiracy Sunday March 27. The Houses sat not and the next Day Monday 28 in the Morning the King came suddenly and unexpectedly to the House of Peers and sent for the Commons and dissolved the Parliament and immediately took Coach and drove to Windsor leaving both Houses in an Amaze and the City of Oxford in a Hubbub If it were Sir William Jones who wrote the just and modest Vindication of the two last Parliaments viz. the last Westminster Parliament and this at Oxford pag. 393. he says The Peers at Oxford were so wholly ignorant of the Council that they never thought of a Dissolution till they heard it pronounced yet the Dutchess of Mazarine published the News at St. James ' s many hours before it was done If the Nation as well as the Parliament and City of Oxford were amazed at this Dissolution and Manner of it they were not less with the Declaration that followed it which though the King did not communicate to the Council till Friday the eighth of April yet the next Page says Monsieur Barillon the French Embassador read it to a Gentleman upon the fifth of April before and demanded his Opinion of it which the Embassador might better remember because of the great Liberty the Gentleman took in ridiculing it to his Face It 's observable that that Declaration was printed in French as well as English and many Gallicisms in it and particularly That it was a Matter extreamly sensible to us which was a Form of speaking peculiar to the French and unknown to any other Nation The Substance of the Declaration contained the Dissatisfaction the King took at the two Westminster Parliaments that they gave him no sutable Return to support the Alliances which he had made for the General Peace of Christendom nor for the further Examination into the Plot nor for the Preservation of Tangier and for their Votes That no Man should lend any Money upon any Branches of the Revenue or buy or pay any Tally of Anticipation upon any part of the King's Revenue This was not so for the Commons restrained them to the Custom Excise and Chimney-money given for other Ends see the Votes that they passed a Vote That the prosecuting of Protestant Dissenters was a Grievance to the Subject c. by which they assumed to themselves a Power of suspending Laws So the Commons might do any other Law found by Experience to be grievous and dangerous to the Subject and must do so in order to repeal such Laws and did not the King do so twice before by his Declaration of Indulgence though to a contrary End to what the Commons intended That these Proceedings caused him to dissolve that Parliament and to assemble another at Oxford who had warning given them of the Errors of the former and were required to make the Law of the Land their Rule and adding that he would not depart from what he had formerly declared concerning the Succession yet declared he was ready to hearken to any Expedients by which the Religion established might be preserved yet the Monarchy preserved viz. How
in taking the Customs without Grant of Parliament and such as were never granted by Parliament and in further raising Ship-Money and imprisoning the Members of Parliament without Benefit of their Corpus's yet he thought best to do it by such Judges as he should make So this King in the Executions of Fitz-Harris and Colledge would have the Colour of Justice by a Form of Law for which there was no Law But as the Knights of Malta could make Knights of their Order for eight Pence a-piece yet could not make a Soldier of Sea-man So these Kings tho they could make what Judges they pleased to do their Business yet could not make a Grand-Jury from whom the Judges in all criminal Cases between the King and Subject must take their Measures these Grand-Juries in London are returned by the Sheriffs and the Sheriffs are chosen by the Livery This Difficulty after my Lord Shaftsbury's Case put the Court to their Trumps and at present a Stop to their Proceedings The Assistance of the Duke of York was necessary but at this time he was as busy in Scotland about my Lord of Argyle as his Brother was in England about my Lord Shaftsbury The City upon the Dissolution of the Four last Parliaments were aware of the Designs of the Court and chose Sheriffs accordingly when Colledge's Bill was preferred Mr. Cornish and Bethel were Sheriffs and now another such was preferred against 〈◊〉 Lord of Shaftsbury Sir Thomas Pilkington and Mr. Shute were Sheriffs who tho at other times Sheriffs would rather fine than serve yet at this time none refused to serve so that unless Sheriffs of another Stamp were chosen all would be to no Purpose It 's scarce credible what a Noise the not finding my Lord Shaftsbury's Bill made all Justice now the Tory Party cried was stopped if these Ignoramus Juries were not set aside R. L. S. proclaimed Forty one would inevitably return and this countenanced by the Court flew out of the City all the Country over so that scarce any other thing was to be heard but of Ignoramus Juries and what would follow from them It was the latter End of Michaelmas Term the great Inquest returned an Ignoramus upon the Bill of High Treason preferred against my Lord Shaftsbury and in the Vacation all Wits were set on work how to take the Election of the Sheriffs of London out of the Power of the City and no other Expedient could be found out but by taking away their Charter which if it could be done would not only entitle the Court to making of Sheriffs but open a Gap to their making a House of Commons for near 5 6 of the Commons are Burgesses and Barons of the Cinque Ports who would not dare to contest their Charters if the City of London could not hold theirs So that in Hilary Term following a Quo Warranto was brought against the City for two hainous Crimes viz. That they had made an Address to the King for the Parliament to sit for Redress of Grievances and to settle the Nation yet King Charles the First thought the Parliament's Vote of non-Addresses to him was a Deposing of him and that the City had raised Money towards repairing Cheapside Conduit ruined by the Fire of London The City pleaded their Right and the King replied upon which there was a Demurrer but Judgment was not given upon it till Trinity Term 1683. However the Novelty of the thing caused an Amusement upon the Generality of the City and Nation too whereto this tended In the mean time the Duke having done his Work in Scotland was returned to London and his Zeal for promoting the Catholick Cause outwent his Patience for the Court's Judgment upon the Demurrer to the Quo Warranto so that Courtiers of the First Magnitude appeared barefaced for the next Election of Sheriffs and Sir Dudley North Sir Francis's own Brother and Sir Peter Rich were returned one by a shameless Trick the other by open Force Tho the Court had gained this Point they thought not fit to push it further till the Demurrer to the City Charter were determined in which such Haste was made that only two Arguments were permitted on either Side one in Hilary Term 1682-83 and the other in Easter Term following and so Judgment was given in Trinity Term next after against the City The Judgment against the City was as strange as the Election of the Sheriffs for it was without any Reason and by two Judges only one was Sir Francis Withens who had heard but one Argument and I believe understood but little of that and who after in the Absence of Sir Edward Herbert delivered that for his Opinion which Sir Edward when present disowned and Sir Thomas Jones However they said Justice Raimond was of their Opinion and so was Saunders the Chief Justice tho he was past his Senses and only had Sense enough to expostulate with them for then troubling him when he had lost his Memory But the Court of Kings Bench were not so ripe for this hasty Judgment as that at White-Hall was for Discovery of Plots against the Government and Justice of the Nation of which they set three on Foot viz. A Plot to surprize the Guards the Rye-Plot to murder the King and Duke as they should come from New-Market and the Black-Heath Plot for the People to rise upon a Foot-Ball Match if those Sheriffs would not do the Court's Work you may be sure the next should where the King should have the Nomination but these were as trusty as any the King could make and it was now Graham and Burton's Work to find Good Jury-Men and then the Sheriffs would be sure to return them In all these Plots for ought I can find the Fox was the Finder my Lord H and Rumsey in that of the Guards Lee and Goodenough in that of Black-Heath Keeling and West in that of the Rye-Plot Lee was set to trapan Rouse and Baker in the Black-Heath Plot. Rumball at whose House 't was said the Rye-Plot was to be acted upon his Death denied he ever knew of any But the Great Design was upon my Lord of Essex and my Lord Russel one the most eminent of the Nobility for his great Honour and all eminent Vertues the other of the Commons and both zealous Protestants and Opponents to the Design of introducing Popery and Arbitrary Power I will not again curtail Mr. Hawles's learned Remarks upon my Lord Russel's Trial on the Thirteenth of July 1683. yet I must observe how that that Day whether my Lord of Essex killed himself or was to be killed the King and his Brother were both in the Tower when the Act was done and immediately Notice was sent to the Old-Baily to give Notice of it to the Court that in the worst Sense Use might be made of it by the King's Counsel against my Lord Russel The Blaze of the Earl's having murdered himself having had its designed Effect upon my Lord Russel's Trial
the next Step was to satisfy the Nation the Earl murdered himself and to this Purpose the Coroner's Inquest must necessarily sit and give their Verdict but so the Business was ordered that before the Jury was impannelled the Earl's Body was taken out of the Closet where 't was pretended he murdered himself and stript of his Clothes which were carried away and the Closet washt and when one of the Jury insisted upon seeing my Lord's Clothes in which he died the Coroner was sent for into another Room and upon his Return told the Jury it was my Lord's Body not his Clothes they were to sit upon and when it was moved that the Jury should adjourn and give my Lord's Relations Notice Thaâ— if they had any thing to say on my Lord's Behalf it was answered The King had sent for the Inquisition and would not rise from the Council-Board till it was brought I do not find that when the like Practices were used and wheâ—â— the Coroner's Inquest found Sir Thomas Overbury died a Natural Death in the Tower that two Years after when Reves the Apothecary's Servant made the first Discovery of Sir Thomas his being poisoned that Reves was prosecuted for flying in the Face of the Government and questioning the Justice of the Nation as Mr. Speke and Mr. Braddon were for endeavouring to discover the Murder of my Lord of Essex I 'm sure their Inducement for the Proofs of it were manifoldly more than Reves's were of Sir Overbury's and I wish I understood what their Crimes were more than Reves's but that being for the King and Justice of the Nation they ought to have been encouraged if there had been no foul dealing in the Earl's Death After the Death of these Noble Persons the rest of the Game was plaid without scarce any Rub Colonel Sidney Bateman Walcot Hone and Rouse followed for Treason all and all of different Complexions and where Treason could have no Colour actually to take away the Lives of the Opponents of Popery and Arbitrary Power Misdemeanours are set on foot to take away their Means of living Fines from 10000 to 100000 l. for words against the Duke though by Magna Charta a Salvo Contenemento is reserved for Misdemeanors against the King Graham and Burton would find Juries for all and the Sheriffs would return them to do the Work But the Rage and Tyranny against the Opponents of Popery and Arbitrary Power was not more illegal than the Indulgence to the Lords impeached by Parliament for the King resolving to have no more Parliaments upon the present Constitution made Judges to take Bail for them to appear next Parliament Hereby as much invading the Rights and Jurisdiction of Parliament as the Judgments against Fitz-Harris Colledge my Lord Russel Colonel Sidney c. were illegal which though at Common Law they might have been Treason yet by the Statute of the 25th of Edward the Third the Judges in Westminster-Hall were prohibited to take Cognisance of them and by the Act of 13 Car. 2. c. 51. wherein the Prosecution ought to be within Six Months after the Fact and the Indictment within three Months after Though the City of London and many other Cities in England those their Sheriffs yet the Sheriffs of all the other Shires and Counties of England were named by the King so that the King 's next care was how to subvert the Constitution of Parliament and like Oliver Cromwel have a House of Commons of his own making For the House of Commons is compunded of five hundred and thirteen Members whereof but ninety two are Knights of Shires so that near 5 6 are Burgresses Citizens and Barons of the Cinque Ports The Generality of the Corporations which send these Members are poor decayed places and so not able as the City of London to contest their Charters or if they could they had little hope to keep them now London could not hold theirs Yet this would cost the Court a great deal of time to bring Quo Warranto's against above two hundred Corporations and now all Hands are set at work to prevail upon these poor Inhabitants and mighty Rewards are promised to those who should surrender them but because Money was scarce Bargains were made with Multitudes of them to have Grants of Fairs for surrender of their Charters and those which refused had Quo Warranto's brought against them To humour the Court and in perfect hope that in time the Mountains would bring forth a Multitude of Corporations or rather some loose vain Men who assumed the Names of the Corporations by heaps surrendred their Charters and at excessive Rates I cannot say renewed but took new ones whereby the King reserved to himself the Power of disposing of all Places of Profit and Power which at present was intrusted in their Hands who had betrayed their former Trust nor did these Men care for the expence of purchasing their new Charter tho it were to the starving the Poor of their Corporations who should have been fed with the Monies expended in the Purchase But a Multitude of lewd Fellows who in meaner Corporations were all as willing to betray their Charters as the Richer yet had not Money to purchase new ones and without it nothing could be had and never was King furnished with such a Lord Keeper for by this time North who had drawn the King's Declaration against petitioning for a Parliament and for which he was impeached in Parliament and had so highly merited in Colledge's Trial was made Lord Keeper and Attorney General for taking Money with both Hands though by their Oaths they ought to have to the best of their Skill informed the King of the Justice and Lawfulness of all those things which were to pass the Seals and this put some stop to the hurry of the surrender of Charters But in these Corporations there were some Members who made a Conscience of their Oaths and betraying their Trusts and according to the Obligation to both performed their Duties but these were prosecuted as Rioters and Tumultuous Persons and fined extravagantly even to their undoing and imprisoned till payment and bound to their good Behaviour These things were not carried on with that Security but some Umbrages of fear there were that some Disturbances might arise before they could be brought to Perfection to quell them if they should happen The Duke had secured Scotland and had 20000 Foot and 2000 Horse and a Year's Pay to be assisting upon all Occasions a greater liberty was given to the Irish than ever and to crown the Work Tangier is demolished and the Garison which was a Nursery of Popish Officers and Souldiers is brought over and placed in the most considerable Parts of England Whilst the King is framing this goodly Structure the French King against his Faith at the Treaty of Nimeguen by foul and base Treachery seizes upon Strasburg on the Rhine the most considerable City of Germany and by plain Force took Courtray and the City
Law established Commends the Church of England's Principles and Members knows likewise that the Laws of England are sufficient to make the King as great a Monarch as he can wish and therefore as he will never depart from the just Rights and Prerogatives of the Crown so he will never invade any Man's Property The next Sunday after his Brother's Death the King went publickly to Mass and that Week I think he order'd his Brother's dying in the Communion of the Church of Rome and before his Death his receiving his Viaticum and other Ceremonies of that Church and attested by Father Huddleston to be printed and also the Papers taken out of the King's Strong-box shewing that however he outwardly appeared otherwise in his Life yet in his Heart he was sincerely a true Roman Catholick So that however he promised to preserve the Church of England as by Law established yet his Profession was of the Church of Rome which curses the Church of England and declares them Hereticks Schismaticks and Sacrilegious Persons with whom no Faith is to be kept The King's Father Charles I took the Customs before granted by Parliament this King took both Customs and the Excise granted only for the Life of his Brother before they were given him by Parliament How this corresponded with the King's Promise but the Week before that he would never invade any Man's Property I do not understand for tho in every Government no Man has Property against the Supream Power yet by the English Constitutions the Supream Power of the Nation is in the Parliament in Conjunction with the King and the King 's taking both the Customs and Temporary Excise for his Brother's Life by his only Will and Pleasure was as much a Violation upon the Property of the Subject as if he had taken the rest of their Goods and Inheritances To the King's Promise of preserving the Church and State of England as by Law established he adds That he will imitate his kind Brother in his great Clemency and Tenderness of his People The first Act of the King's Clemency and Tenderness to his People was extended to Dr. Oates but tho the Act was compleated in this King's Reign the Scene was laid in his good and gracious Brother's when Oates was Fined 100000 l. for Scandalum Magnatum against the Duke of York in saying The Duke was reconciled to the Church of Rome and to be kept close Prisoner till the Fine was paid Oates being thus mew'd up upon the King 's coming to the Crown an Indictment of Perjury is contrived against him upon two Points one That Ireland was not in London from the 3d of August in 1678 till the 14th of September next following when Oates in Ireland's Trial said He was in a Consult concerning the killing the King about the middle of August The other was That Oates was at St. Omers all April and May in 1678 when Oates in Harcourt and Whitebread's c. Trials swore They were at a Consult the 24th of April concerning killing the King and establishing the Popish Religion But that a better View may be had of this Trial of Oates it 's fit to look back into King Charles II's Reign It seems evident to me That after the Dissolution of the Parliament at Oxford and I believe it will to any other that shall read King Charles's History that he designed never after to have another Parliament until he should get the Corporations to surrender their Charters so as they should elect no other Members than pleased him and in the mean time to take off the Heads of those who were zealous in prosecuting the Popish Plot. Upon the Dissolution of the Parliament at Oxford the Feuds between the Whigs and Tories were in highest Ferment so that whatever was done against the Whigs was cried up by the Tories and Addresses made by them to the King that they would live and die with him in them And because the Whigs as they were called would not find Bills against my Lord of Shaftsbury and Colledge they resolved to carry the Election of Sheriffs in 1682 wherein Mr. Dubois and Mr. Papillon Whigs stood Candidates against Sir Peter Rich and Sir Dudley North Tories but they resolved by Right or Wrong Rich and North should carry it and so they did but by what Right you may judg by the Prints The Tories having gained this Point Sir R. S. Gra. and Burt. are Instruments for packing Juries the Judges North Pemberton and Saunders c. shall do their parts for declaring Charters void and for Trying Fitz-Harris my Lord Russel Colonel Sidney Sir Thomas Armstrong c. But the taking off the Heads of the Whigs was but half this Design the impeached Lords in the Tower must be let loose or the Game was but half play'd This was so ticklish a Point that neither Pemberton nor Saunders could be brought up to it but Saunders dying and Pemberton removed to the Common Pleas Sir Geo. Jeffries was set up to do this Work which he did to content and so was initiated to do what other Journey-work the Court should order And now before him Oates is to be tried for Perjury upon the two Points aforesaid Ireland was tried above six Years before viz. in December 1678 before a Jury of Judges in the Old-Baily and so was Whitebread and Harcourt within about a Month less than six Years viz. in June 1679. Ireland pleaded he was not in London from the 3d of August till the 14th of September and Whitebread Harcourt c. pleaded that Oates was at St. Omers all April and May in 1678 so that if their Witnesses said true 't was impossible Oates's Testimony of Whitebread's being at the Consult in April and Ireland's in August could be true That Oates was in Town in April and May in 1678 was proved by Sir Richard Barker Mr. Walker a Minister Mr. Clay a Romish Priest Mrs. Mayo Sarah Ives Mr. Oates's Schoolmaster with whom Oates dined about the Beginning of May Mr. Page and Butler Sir Barker's Coachman But besides Oates and Bedlow's swearing Ireland was at the Consult in August only Sarah Pain who had been Servant to Grove one of the Jesuits swore Ireland was in Town in August Oates thus mew'd up the St. Omers Boys are sent for over in all haste and you need not doubt had new Instructions and the Crew of Staffordshire Witnesses the Boys to swear Oates was at St. Omers all April and May the Staffordshire Witnesses that Ireland was in Staffordshire or thereabouts in August and September Jeffries was the Judg and you need not doubt of a Jury to chime into Jeffries summing up the Evidence Things standing in this Posture Oates is tried upon the 9th of May upon Perjury upon these two Points At the Trial Oates could get only four Witnesses to appear and 't was a Wonder he could get any viz. Mr. Walker the Minister who after so long time durst not trust to his Memory to swear positively
sign a Warrant of Execution for the Duke his Brother's beloved Son without any Trial or Process of Law against him But his Grandfather James the First had either done the like or at least not unlike it when he came to Newark upon Trent in his Passage to London at his first coming to the Crown one was said to cut a Purse whereupon the King without more ado signed a Warrant for his Execution to the Sheriff and the poor Fellow was executed accordingly The Duke suffered upon the 15th of July but the Issue of Blood did not stanch with him for towards the latter end of August a Special Commission of Oyer and Terminer was granted to Sir George Jefferies and four other Judges to try the Duke of Monmouth's Adherents in the West But as the Duke suffered without any Trial and so was unjustly put to Death so I believe this Commission was initiated by such a Trial as can scarce be parallel'd by any other and this was the Case Alicia Lisle a Woman of extream Age was Wife of Lisle one of King Charles the First 's Judges and who was President of the High Court of Justice as 't was then called in the Trials of Duke Hamilton the Earl of Holland and my Lord Capel and also in the Trial of Sir Henry Slingsby Dr. Hewet c. and had entertained after the Defeat of the Duke of Monmouth one Hicks a Non-Conformist Minister who was with the Duke not in any Proclamation that he was so and one Richard Nelthorp a Stranger to Mrs. Lisle who was in the Proclamation and Out-lawed of High Treason for which she was tried at Winchester for High Treason for comforting and assisting Rebels It appears by the publick Prints the Jury were so unsatisfied by the Evidence Hicks not being in any Proclamation and Nelthorp unknown to Mrs. Lisle that they thrice brought her in Not Guilty at last upon Jefferies Threats they brought her in Guilty of High Treason and so had Sentence passed upon her accordingly which in Women is to be burnt but the Execution was by beheading of her so that whether the Sentence was just or not the Execution was unjust for though the King may pardon or mitigate the Punishment of any Crime against him as to pardon Treason or to mitigate the Execution to beheading which is part of the Sentence yet he cannot alter the Punishment into any other than the Law prescribes but the Convention after King William came in were so dissatisfied in her Case that though they could not restore her to Life yet they reverst the Judgment for her Death From this uncertain Justice Jefferies and his Brethren make haste to proceed in their Commission Summo Jure and from Winchester by Salisbury upon the 3d of September a day fam'd for Oliver's Victory over the Scots at Dunbar over King Charles the II. at Worcester and for his Death arrives at Dorchester and because time was precious the next day Jefferies contrives this Stratagem to shorten his Work Thirty Persons being found by the Grand Inquest to have assisted the Duke of Monmouth when they came upon their Trials and before they had pleaded Jefferies told them that whosoever pleaded Not Guilty and was found so should have little time to live and if any expected Favour he must plead Guilty But the Prisoners trusted little to what Jefferies said and pleaded Not Guilty yet 29 were found Guilty and immediately Sentence was passed upon them and a Warrant of Execution signed upon Monday following after which a couple of Officers were sent to the Goal to take the Names of all the Prisoners who told the Prisoners if they confest they might expect Mercy otherwise none was to be hoped for these wretched Men thus wheedled pleaded Guilty and so at one Sentence Jefferies condemned 292 whereof 80 were executed From Dorchester Jefferies proceeded to Exeter and used the same Stratagem as at Dorchester for one Mr. Fower Acres being arraigned and pleading Not Guilty yet being found so had immediately Sentence passed upon him and Execution awarded upon it whereupon 243 pleaded Guilty and by one Sentence had Judgment passed upon them From Exeter Jefferies marched to Taunton where some few pleaded Not Guilty but being found had immediately Sentence and Execution awarded the rest terrified pleaded Guilty and had Sentence passed upon them and thence Jefferies marched to Wells where he finished his bloody Assize where and at Taunton he condemned above 509 whereof 239 were executed and had their Heads and Quarters set up in the principal Places and High Roads of Somerset and Dorsetshires to the terror of Passengers and annoyance of those Parts In these Executions I find one remarkable Story it 's printed in a Treatise called The New Martyrology fol. 478. Colonel Holmes and 11 more of those condemned at Dorchester were carried from Dorchester to Lime towards their Execution by six in a Coach and six in a Cart and at Lime they were put in a Sledg prepared to carry them to be executed but the Horses could not be driven to go but turned backward whereupon the Coach-horses were taken from the Coach and put to draw the Sledg but then the Sledg broke so the poor Men were forced to go on their Feet to their Execution I will not dispute the Justice of these Executions but I say Justice ought to look forward viz. to terrify others from committing like Crimes never backward to take Pleasure in punishing and a black Brand is set upon the Reigns of those Princes which shed much Blood nor do we read in any Story such a Sea of Blood flowed from Justice as did in less than eight Months after this King began his Reign and that which rendred it more remarkable was the King's Profession to his Privy Council and after to the Parliament That he would imitate his good and gracious Brother but above all in his great Clemency and Tenderness to his People But if Justice look'd forward in Jeffries's Executions it did not in Kirk's who was one of King James's Major-Generals in the Expedition against the Duke of Monmouth who when after the Duke's Defeat he came to Taunton caused 90 wounded Men who had been taken Prisoners not permitting their Wives or Children to speak with them to be hang'd with Pipes playing Drums beating and Trumpets sounding and after their Bowels to be burnt their Quarters to be boiled in Pitch and hang'd in several parts of the Town and I have heard that when afterwards Kirk was charged with this Inhumanity he excused it that he could do no less it being but part of the Instructions he had from the Right Honourable the Earl of F General in this famous Expedition As yet no Pardon could be hoped for to any one but by those which could purchase it by the Ruin of their Estates and those which could not purchase one were sold for Slaves to the Plantations When Justice could take no further place then out comes a Pardon
have a Commission but by Law is utterly disabled and disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial and Club-Law and help to destroy all others only to be eaten up at last your selves If I know you well as you are English Men you hate and scorn these things And therefore be not unequally yoked with idolatrous and bloody Papists Be valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since 88. The first Lightning which the dormant Commission of Ecclesiastical Affairs produced fell upon the Bishop of London a Person of Exemplary Vertue and Loyalty and who besides the Nobility of his Birth had his Father slain in the late Civil Wars in defence of the King's Father's Cause and had himself and all his Brothers freely and valiantly exposed their Lives in defence of it The Crime alledged against him was that by the King's Letter he did not suspend Doctor Sharp then Dean of Norwich now Archbishop of York for preaching a Sermon against the Frauds and Corruptions of the Church of Rome by a Power as Arbitrary as that by which the Commissioners acted and for this these Commissioners suspended the Bishop tho every one understood the true Cause was the Bishop's Motion in the House of Lords to have debated the King's Speech Tantum Religio potuit swadere malorum I 'm perswaded King Charles the II. to make a Roman Hierarchy in Scotland made the Bishops out of the most obnoxious of the Clergy who besides their profligate Lives run the King's Prerogative there to a higher pitch than Laud in the King's Father's time did in England And that towards the latter end of his Reign he laid the same design here for the Bishopricks of Oxford York St. David's and Chester becoming void about the latter end of his Reign or beginning of King James's I 'll not name the Bishoprick of Litchfield and Coventry for the Petticoat governed in that Election Dr. Samuel Parker whom Mr. Marvel in his Rehearsal transposed calls Bays a Man of a virulent Disposition and who by railing against the Church got into Preferment and when he was in became a zealous Railer against them without was made Bishop of Oxford Dr. Cartright as high for the Prerogative as Parker was made Bishop of Chester and the Succession to these two Bishopricks was the more observable because Parker succeeded Dr. Fell and Cartright Dr. Peirson Men of Piety and Learning equal to any in their time and one Watson an obscure Man was made Bishop of St. David's but the Archbishoprick of York was reserved for a Person of another Temper whom these Bishops were making way for The Presidentship of Magdalen College in Oxford becoming void and the Fellows fearing a Mandamus would be imposed upon them for some Person not qualified by the Statutes and whom by their Oaths they could not submit to chose Dr. Hough for President a Person qualified by their Statutes for that Place As the Fellows feared so it came to pass for the King sent them a peremptory Mandamus to chuse the Bishop of Oxford Bays their President but he being a Person not qualified by the Statutes of their College which the Fellows were sworn to observe they in a humble Answer excused themselves as being otherways obliged as well by their Oath as Statutes I will not repeat the Anger the King express'd hereupon 't is in Print but sure such Language was never used by any Prince before But if the King 's harsh Language will not work the Fellows to his Will he will send the Commissioners of Ecclesiastical Affairs among them to turn them out of their Fellowships wherein they had as much Property as any other had to any real or personal Estate nor shall these Commissioners stay here but by a new strain of Tyranny never practised but by Absolute Tyrants they make the Fellows uncapable of any other Ecclesiastical Preferments The Fellows thus expelled the Statutes of the College are thrown out of Doors to make room for a Seminary of Jesuits and Popish Priests as much tending to the Subversion of the established Church of England as the Statutes of the College But see how God in his Providence blasted these things for the Bishop of Oxford had scarce taken possession of his thus new-acquired Presidentship when he died and you 'll soon see the Fellows restored again in spite of these Commissioners and Dr. Hough made Bishop of Oxford as well as President of Magdalen College If the King were zealous in advancing his Prerogative Royal both in the Church and State of England he will not be less in Scotland whereupon the 12th of February 1686-87 he issues out his Proclamation for Toleration of Religion which you may read in the State Tracts wherein he asserts his Absolute Power which he says his Subjects ought to obey without reserve But the Toleration which the King allows his Roman Catholick Subjects in Scotland he 'll scarce permit to his Protestant Subjects in Ireland for Tyrconnel for so has Talbot merited for his Service in Reforming the Army is not only made an Earl but Lord Lieutenant of Ireland in the room of my Lord Clarendon and one Fitton made Sir Alexander an infamous Person detected for Forgery not only at Westminster but at Chester and fined in the House of Lords was brought out of the King's Bench in England to be Chancellor and Keeper of the King's Conscience in Ireland in place of Sir Charles Porter The first Proclamation which Tyrconnel issued out was dated Feb. 21. 1687. wherein he promised to defend the Laws Liberties and established Religion but leaves out the preservation of the Acts of Settlement and Explanation But tho at first he only left out the Acts of Settlement and Explanation being resolved first to out the Protestants and let the Irish into their forfeited Estates yet did he not stay here and Bishop King in his Treatise of the State of the Protestants in Ireland gives so particular and methodical an Account how he proceeded in the destroying the Church and State of Ireland as by Law established that I refer the Reader to it not intending to lessen it by taking parts of it When the Judges had been above a Year propagating the King's Power in Westminster-Hall and in their Circuits of dispensing with the Penal Laws and Tests against Dissenters from the Church upon the 25th of April 1687 out comes the King's Declaration to all his Subjects for Liberty of Conscience wherein the King declares That it had been a long time his constant Sense and Opinion that Conscience ought not to be restrained nor People forced in Matters of meer Religion and that it was contrary to his Inclination as he thought it to be the disinterest of the Government by spoiling Trade and depopulating Countries c. Sure no Prince ever acted
Laws and Constitutions of it and to have maintained the Honour of it abroad made it their Business to have subverted them and being thereby always at Variance and Contentions with their Subjects lost their own and the Nation 's Honour abroad and by taking no Care of the foreign Concerns of the Nation became contemptible to other Nations Nay the last three Kings instead of restraining the French Ambition and Tyranny joined with them in advancing of them as if they designed to make the French King an Universal Monarch as well as to destroy the Constitutions of England And I would know a Reason why now his Majesty King William has by God's Blessing redeemed this Nation from the imminent Danger which the French King in conjunction with King James designed upon the Western Parts of Christendom as well as these Kingdoms of England Scotland and Ireland any Christian should endeavour or desire the Restitution of King James any more than the Primitive Christians did Dioclesian Maximi◠and Maxentius after God had freed them from their Rage and Persecution by Constantine APPENDIX MY Lord Bacon compares Times to Ways some more plain and easy to pass others more rugged and more hard to pass the former is better for him who lives in them the latter is better for the Reader not only in the Pleasure of reading the Variety of Accidents in them but because in their Contests fine Notions arise which otherwise might have been concealed and which may be beneficial to the Readers in succeeding Times and also in shewing the Causes of these Distempers succeeding Generations may be admonished hereby to prevent them in time to come In these Treatises we have given an Account of the manifold Varieties of Accidents which have hapned for above 80 Years in the Kingdoms of England Scotland and Ireland France Spain and the States of the Vnited Netherlands and though the Roman and Grecian Histories may give Instances of the like by Land yet none of them can shew the like of the French Grandeur by Sea in little more than forty Years but more especially in that this was acquired in the Face of two neighbouring Nations either of which could have prescribed Laws to all the World besides herein the one claiming the Dominion of the British Seas the other of the Indian and Southern Ocean On the other Side Spain which in the Reign of Queen Elizabeth was both the Envy and Dread of these Western parts of Christendom is now fallen into that abject State as it is scarce in the Power of Christendom to uphold it from falling under the Dominion of the French and this History in some Measure hath shewn the Causes both of the Grandeur of France and the Cadency of Spain To the natural Advantages which the French had above other Nations after the Death of Queen Elizabeth was added that James the first and Charles the first of England whose Interest it was to have restrained the ambitious and aspiring Humour of the French were degenerous Princes wholly given up to be governed by Flatterers and Favourites and made it their Business to usurp another Jurisdiction over the Nation than they could claim by their Inherent Birth-right so that if the Long Parliament in 1640 had not put a Stop to Charles his Career no mortal Creature could have foreseen where it would have ended King James not to disturb his licentious and voluptuous Pleasures stood only still and looking on whilst Lewis the 13th had near broke the Interest of the Reformed in France but Charles in the first Act of his Reign lent the French a Fleet to subdue the Rochellers at that time superior to Lewis by Sea and as inconsiderately in the second Year of his Reign made War with France having in the first Year made War against the Spaniard whereby both Spain and France joining against the English brought that Loss and Dishonour upon the English in the Expedition of the Isle of Rhee and Charles being as loose in his Resolutions as inconsiderate in his Actions after the Death of the Duke of Buckingham who had engaged him in both these Wars made a secret Peace with the French and left the Reformed out of it though he engaged them to join with him in the War whereby the whole Interest of the Reformed was rooted out So that the Original of the French Grandeur by Sea and Land may be truly ascribed to these two Hereditary Princes James and Charles After the Tyranny of Charles his Reign had degenerated into the Usurpations of the Rump they thinking to prejudice the Dutch made the Act of Navigation which crampt up all the foreign Trades of England and the fishing Trade which above all others is the Nursery of Seamen and encrease of Navigation to English-built Ships and sail'd with ¾ English whether there be Ships or Mariners or not and without any Consideration of Times whether of War or Peace Though we have in this History and in The Reasons of the Decay of the Strength Wealth and Trade of England and also in the View of the Act of Navigation in reference to the Laws which yet stand unrepealed to the Trades for Masts Rafters Boards foreign Oak Timber Pitch and Tar and to the Trades for rough Hemp and Flax and to the fishing Trades and also to the Safety of the Nation against Foreign Powers at large demonstrated the Iniquity of this Law and the dangerous Consequences of it yet it is fit even here to take some Notice of it and of the Navigation of the Nation before the Act and how the Case stands now by reason of it Before the Rump contrived the Act of Navigation the English as the Traders told me alone fished upon the Coasts of Iseland and Westmony for Ling and the Cod-fish called Haberdin and at that time the Town of Alborough in Suffolk as I was informed fished yearly to those Seas with 35 Sail of Vessels called Iselands-Barks and the Town of Sould or Southold with 15 and Great Yarmouth with manifold more the Number I cannot tell but this I can tell That besides London and other parts of Norfolk and Suffolk which they supplied with this sort of Fish as also the Navy Royal and other Ships with this sort of Provision the Town of Yarmouth yearly exported to Calice St. Valery Diep Havre de Grace St. Maloes Brest and other parts of France 150000 Haberdin and Ling and by their Trades with these returned Sails and Nets for their Navigation and Fisheries Wells and Lyn in Norfolk too drove Trades into these Seas but I am not informed in how many Vessels but I have heard the Inhabitants of Wells complain that they have almost lost their Trades and I belive Lyn wholly Before the Act of Navigation the English from the Western Ports drove threefold a greater Trade in the Newfound-Land Fishery than the French whereas the French now drive above twenty-fold more the Trade to Newfound-Land Fishery than the English do And I have
Speech against the Commons concerning Tunnage and Poundage with Remarks on it 219 224. Makes a Papist Lord Treasurer 226. Commands the Speaker to put no Question concerning Grievances 229. Imprisons several Members of Parliament 232 233. who are denied Bail 234 235. Displeas'd with the Judges Determination thereon 235. His threatning Declaration at dissolving the Parliament 236 237. Makes Peace with France to the ruin of the Reformed 237. Sends 6000 Men to assist the Swede 238. His great Fickleness 239 271 279 298 311 330. Disturbs the Dutch fishing Trade 259. His Instructions concerning the Scots solemn Covenant 264. Summons a General Assembly and Parliament in Scotland ib. Sends a Fleet and Army against the Scots 265. Boasts of his Prerogatives in calling Parliaments which is descanted on 268 270. Marches against the Scots is petition'd for a free Parliament treats with them 272. Is forsaken by his Friends 274 275. Begins his Reformation too late 275 286. Establishes Presbytery in Scotland 277. Long before he declar'd the Irish Rebels 277 278. Demands five Members of the Commons 278 290. Is advis'd to stay at London but would not 278. Is refus'd Entrance at Hull sets up his Standard at Nottingham join'd by the Nobility 279. Is worsted at Brentford 297. Summons his mungrel Parliament at Oxford makes Cessation of Arms with the Irish withdraws his Forces from Ireland 300 343. His ill Success 306 308 313 315. His Counsels with the Queen discover'd 312. Deals privately with the Irish 312 314. His Commission to Glamorgan 314. Submits to the Scots 316. who sell him Is confin'd 317. Is seiz'd by the Army 318. His Letters to the Queen threatning Cromwel by whom he 's remov'd to the Isle of Wight 323. Treats with the Parliament 324. Remarks on his sad State 316 317 325 327 333 334. His Death and Character 334 337. A Story of him concerning Buckingham's Funeral 337. Charles II. takes the Covenant and is proclaim'd in Scotland 344 345. Flies into England is routed at Worcester 346. Assists at the Pyrenean Treaty and is slighted by the French 422. Sends Letters from Breda 425. Is restor'd without Terms with an extravagant Joy rejects Cromwel's Treaty of Commerce with the French 426. whom he imitates in his Guards 427. Delivers them up Dunkirk and assists 'em against the Spaniard 429. His Luxury Debauchery c. 430. Calls a Parliament ib. Restores Episcopacy in Scotland 445. Grants a Toleration 447. Afterwards takes it off 448. Makes War on the Dutch 452. His Speech to the Commons on that occasion 452 453. His vast Revenues 453. compar'd with Q. Elizabeth's 454 455. His slight Preparations for the War 455 456. Is careless and prodigal therein 456 467 468. His ill Success in the second Fight 459 460. Makes a dishonourable Peace with them 469 495 497. Enters into a League with the Dutch and Swede 472. but breaks it off by means of his Sister who soon after dies 474. His deep Perfidiousness and Dissimulation 475. Is a Pensioner to France 477 522 523 548 561. Shuts up the Exchequer 478. Makes War again on the Dutch without Cause 478 479. Suffer'd Marsilly whom he employ'd in Switzerland to be murder'd at Paris 479. Raises an Army under Schomberg and Fitz-gerald 487. Sends 3 Lords to the French on a dark Design 488. His Demands at the Treaty at Cologn 492. Assists the French with vast Stores 498. Mediates a Peace betwixt France and the Confederates 498. Breaks his Promise to Sir W. Temple 499 503. His unprecedented Prorogation of Parliament 504. Insisted on by the Lords to be a Dissolution 505. His Rage at the Commons for their Advice descanted on 506. Adjourns them without their Consent 506. Endeavours a separate Peace betwixt France and the States 507 515. His Answer to the Pr. of Orange concerning it 511. and to Sir W. Temple 512. Treats with them 516 517. Sends Lord Duras into France 518 519. Treats about a War with France 524 525. Is govern'd by French Counsels sends Du Cross to supplant Sir W. Temple 526 527. Calls his second Parliament which met in 40 days pretends Zeal in discovering the Popish Plot 537. Chuses a new Privy-Council and promises to be ruled by his Parliament c. 538. His great Hypocrisy and Deceit 539 548 559. Declares himself a Whore-master 544 545. His dissembling Speech to the Parliament after many Prorogations with Remarks on it 547 552. Summons a Parliament at Oxford 559. Is concern'd in Fitz-Harris's Plot 564. His Declaration at dissolving the Oxford Parliament descanted on 566 568. His Death and Character 604 606. His obscure Burial and good Deeds 606 608. Died a Papist 610. Charter of London ravish'd by the Court 600 601 614. and those of other Corporations taken and surrendred 603 615 633. Children more in England than employ'd 27. Clergy when too numerous the Cause of Factions 240 241 449. Cromwel's Son-in-law imprison'd for a pretended Plot 532. Clifford foretels another Dutch War 473 Made Lord Treasurer 478. But being a Papist is forc'd to resign 491. Cobbet Colonel taken Prisoner 412. Cockain's Project for dressing Cloths monopoliz'd and the Consequences of it 65. Coke Sir Edw. grants a Warrant for seizing Somerset 78. Remov'd from being Chief Justice and why 79 82. Is prosecuted 103. Imprison'd without Cause assign'd and sued by the King who is cast 105. Not admitted into his Presence 164. Is made Sheriff and why 180. Moves for the Petition of Right c. 207 209. Is against trusting to the King 's Verbal Declaration 211 212. His sharp Speech against Buckingham 215 216. His Papers seiz'd at his Death 253. His Books made use of by the King's Party tho printed by the Parliament 279. Coleman holds Correspondence with the Jesuits 500. His Papers c. convey'd away 532. Colledge Stephen clear'd by the Grand Jury of London but basely murder'd at Oxford under a Colour of Justice 591 595. Cologn Treaty there propos'd by the Swede 492. Commission of Ecclesiastical Affairs by K. James 633 637. Committee of Safety 410. Agree with Monk 412. Are threatned by Lawson 414. Commons insist on deciding Elections 52. Alarm'd at the Growth of Popery c. 97 98 493 531. Present Remonstrances to the King 98 100 217. Their stinging Petition against Papists 134 138. Zealous against them 166 168 169. Grant the greatest Tax ever given before 206. Fall upon Grievances 207 216 231 266. Their Declaration against Tunnage and Poundage 218 219. Protest against paying Money not granted by Parliament 229. Their Vow concerning Religion 231. Zealous against Delinquents 274. Their Remonstrance of all the King's Miscarriages 278 289. Inflam'd at his demanding the 5 Members 278 291. whom they vindicate 291. Pass the Self-denying Ordinance 310. Deliver up the Militia of London to the Army which is petition'd against 320. Treat with the King at the Isle of Wight 327. Refuse to grant Supplies before the Nation is secur'd 493 531. Their Votes against the King's evil Counsellors c. 494.
Indulgence to be read in Churches 644. Jefferies the Commons Votes against him 556. Releases the impeached Lords 611. His savage Cruelty in the West c. 613 620 621. Is made Lord Chancellor 630. Jesuits their Projects in England 200 201. for which some were taken yet releas'd by the King 201. Ignoramus the Play 74. Ingoldsby sent against Lambert 420. Inoiosa Spanish Ambassador presents the King a Paper against the Prince and Buckingham 130 132. which much perplexes him 132 133. Johnson Mr. Samuel whipt for writing an honest Address to the English Army 638 639. Jones Sir Tho. his Thoughts of a Dispensing Power 630. Sir Will. put out and for what 546. Ireland how bounded c. 12. A horrible Massacre there 277 343. Another design'd 448. and a Rebellion in Conjunction with the French 472 533. K. James's Proceedings there 624 625 632 641. Irish Cattle Act to prohibit their Importation with 9 Observations upon it 462 467. Is made perpetual 559. Judges their Opinion for Ship-Money 258. Those made by Char. II. 501. Juries hated by Cromwel 400 401. Are pack'd to murder honest Men 601 602 611. Jurisdiction of Parliaments discust in relation to Fitz-harris 588 590. Jus Divinum 330 332 544. Juxton Bishop of London made Lord-Treasurer 265. K. KIngs their divided Will against Law 5. Never parted with Parliaments in Disgust till the Stuarts 205 267. Not wont to be present at Debates in Parliament 502. Never speak but in Parliament or under the Great-Seal 568. Kirk Maj. General his barbarous Inhumanity at Taunton 622. Kirk-Party strict with James VI. 34. Mind the King of his Covenant 443. See Scots L. LAmbert turns against Cromwel 399. After against his Son 406. Is made Lieutenant-General 408. Petitions the Rump 409. Is turn'd out by them ib. and after turns them out 410. Marches against Monk 412 414. Is sent to the Tower 416. Is routed and taken Prisoner 421. Langdale Sir Marmad his Success for the King 309. Is discontented 311. Laud his Rise and Character 122 123. Puts the King on altering Religion in Scotland 122 123 242 255 256 260. Gets a Bishoprick by playing the Spaniel 123. His ways to ruin Bishop Williams 124 239. Proves a Firebrand c. 157 166 167 226 239 242. Is made Bp of London 226. Favours Popery 231. His great Care of the Church 167 227 241 242. Prosecutes his Injunctions concerning Ceremonies with great Severity 254 255 257 258. Quarrels with the King about visiting the Vniversities 256 257. Procures an Alteration in the Church of Scotland 262 263. Lauderdale some account of him 441 442 454. Is bitter against the Presbyterians in Scotland his Highland Government there 490 491. Laws c. ought to be in the Mother-Tongue 363 404 405 665. Lenthal made General by the Rump 408. Lestrange Roger Champion of the Tory-Cause 500. Is employ'd to ridicule the Popish Plot 545. Levellers in the Army 318. Liberty of Conscience to be continued 662. See Dissenters and James II. Lindsey Earl sent to relieve Rochel but in vain 225. Lisle Lady her unparallel'd Case is basely murder'd 620. London on ill Terms with the King 272. yet lend him Money 273. Raise Souldiers under Waller c. 321. In Confusion 414. Join with Monk for a Free Parliament 419. Is set on fire 461. See Hubert Long Mr. sentenc'd in Star-Chamber 234. Lorain Duke basely dealt with by the French King 474. Lords five impeach'd by the Commons 535. See Jefferies Lowden Chancellor of Scotland his Speech concerning Cromwel 303 304. Ludlow deposes Henry in Ireland 408. M. MAckenzy Sir Geo. pleads against the Earl of Argyle 584 585. Magdalen-College Story 640. Mansfield denied landing at Calais contrary to Agreement 146. Manwaring for the King 's absolute Power 197. Impeach'd by the Commons and sentenc'd by the Lords 214 215. Is promoted by Laud 227 256. Marriage with France see Charles I. Marsilly murder'd at Paris to the Dishonour of K. Charles 479. Marston-Moor Fight 307. Maurice Prince for the King 298. Is lost in the W Indies 327. May Tho. Esq his Treatise of the Civil Wars disprov'd 280 295. Mazarine turns K. Charles c. out of France 383. His Success against the Pr. of Conde 388 389. and Loss at Ostend 402. Opposes K. Charles's Restoration 421 422. Meal-tub-Plot discover'd 546. Militia who shou'd have the Power of it the chief Cause of the War 296. Whether it belongs to King or Parliament ib. 329. Mombas betrays the Dutch 484 486. Monk takes Sterling-Castle and Dundee 347. Complies with Cromwel 359. Engages the Dutch 356 371 372. Is caress'd on his Victory 373. Sent to Scotland 383. His Pedigree and Story 384 385. His Regency in Scotland 410. Is much courâ—ed secures Berwick 411. His ill Success treats with the Committee of Safety but displeas'd with the Agreement with a Story of him 412 413. Sends to Fleetwood summons a great Assembly at Edinburgh abjures K. Charles 413. His Success 412 416. Is declar'd for in Ireland 412. Marches to London is addrest for a Free Parliament 416. Is carest by the Rump his Speech to them 417. Pulls down the Gates of the City sends an angry Message to the Rump 418. Declares for a Free Parliament at Guild-hall and restores the secluded Members 419. Meets the King at Dover and is made Knight of the Garter 426. Monmouth Duke sent against the Covenanters 543. 'T was believ'd his Mother was married to the King and why 544. Is unjustly put to Death 619. Monopolies injurious 55 56 65. Montross for the King 313 315 316. Is routed and executed 344. Morley Col. Herbert secures the Tower for Monk 418. Mountague accus'd by the Commons of Arminianism 166. Is favour'd by the King 166 167 171 226. Impeach'd by the Commons for favouring Popery 180 183 226. Made Bp of Chichester 226. and after of Norwich 227. Holds Correspondence with the Pope 273. Muscovy the Czar revokes the English Privileges on K. Charles's Death 350. N. NAseby Fight 311 312. Navigation-Act made by the Rump 350. Its Inconveniences 364 367 391 455 653 658. Nayloâ— James his Blasphemy 396 Newberry first Fight 299. Second Fight 308. Newfoundland Fishery how the French got it from us 390 391. North Sir Francis a Tool in the late Times 592. Promoted 603. Northampton Earl concern'd in Overbury's Death see Carr and Overbury Yet in favour with the King tho a Papist 72 73 Incourages the Irish Papists 74. November 5. appointed an Anniversary Thanksgiving 58. Noy Mr. against the Court 208. Is taken off by being made Attorney-General 243. His Pretence for Ship-money c. 252. O. OAtes Dr. first discovers the Popish Plot 532. His excessive Fine 610. Indicted of two pretended Perjuries 610 613. His barbarous and illegal Punishment 613. Oaths Remarks on that of the Scots Covenant 368 438. on the Convocation-Oath 369 438. on the Corporation-Oath 431 439. Orange Prince General for the Dutch 486. Declar'd Stadtholder is courted by the French King his noble Answer to his Proposals
488. His Success against the French 492 495. Fights the French at Mount Cassel 505 513. Comes into England 507 515. Opposes a separate Peace 507 508 511. Advises concerning the Lady Mary 509. His brave Resolution against the King's Answer at which he 's much disgusted 515. Is married 516. Treats of a Peace with France 516 517. Is suspected by the Confederates and why 518 520. but afterwards clear'd 525. Routs the French before Mons 528. His generous Design to save these Nations from Ruin 648. Orleans Dutchess see Dover Ormond Marquess makes Peace with the Irish 343. His Design for the Prince defeated 402. Ossery Lord his Friendship with the Prince of Orange 508. Overbury Sir Tho. his Story is destroy'd by the King's Favourites 62 64 68 70. His Advice to Rochester 64. His Murder discover'd and how 77 79. Overton Col. conspires against Monk 396. Oxford Parliament see Parliament Treaty there broke off and why 314. P. PApists to be tolerated 674 675. see Popish Parliaments their Constitution Ends c. 48. Ought to be Annual 49. Vsed to redress Grievances before they gave Money 49 97 616. Never dissolved in Anger till the Stuarts 205 267. Endeavour'd to be overthrown by Char. II. 614 630. Parliament in 1640 redress the Nation 's Grievances 276. Enter into a Protestation 277. Charg'd with beginning the War 280 286 296. Take the Militia from the King 293 294. Seize the Fleet 295. Raise an Army 296. Their ill Success the two first Years 296 298. Treat with the Scots for Assistance 298 Take their Covenant 299. Place no Trust in the King 315. Send an Army into Ireland 317. Their Affairs inverted by the Army 319 320. Order the King to London 321. Send Propositions to him 322. Their warm Votes concerning no further Treaty with him 324. See Commons Parliament of Char. II. their first Acts 430 431 439. Address against the King's Indulgence 447. Their Severity to Dissenters 448 458. Prohibit the Importation of Irish Cattle 462. Grant a Tax for the War against Holland 467. for the Triple League 473. for a War against France 475. Pass a Bill against Papists enjoying Places 491. See Commons at Oxford Lords petition against its meeting there 559 560. Sits but 7 days their Proceedings 564 566. K. James's pack'd one 615 616. Scarce deserv'd the Name 616 617 619. Their Acts 617 618. The Commons Address concerning Popish Recusants 628. Remarks upon it 628 629. Passive Obedience unknown to our Fathers 206. It s Inconsistence 531. Peers Jurisdictions in Appeals question'd by the Commons 502 504. Penruddock Col. beheaded after Articles granted him 386. Pensioners in Parliament 490 500. Pentland Scots rise there but are terribly routed 458. Petition of Right oppos'd by Buckingham c. defended by Williams c. 207. The Lords Saving to it oppos'd by the Commons 208 209. Is passed 210 216. but broken by the King 218 227 228 236. Is printed by the King with his Answer to it 228. Philip III. of Spain his Character 36. Philips Sir Rob. against the Court 174 180 229. Plague a great one in 1 Jac. I. 37. A greater in 1 Car. I. 153. A yet greater in II's Reign 458. Pontfract Castle surrendred to the Parliament 327. Popery some of its Antichristian Doctrines 149 150. Is promoted by K. James 642. Pope's Nuncio heads a Rebellion in Ireland 277 343. His Despotick Tyranny there 343. One arrives in England 642. Popish Party conceive great hopes of England from the Match with Moderna 499 500. Have Commissions for raising Souldiers 535. Are favour'd by K. James see James II. Plot the Parliament's Votes concerning it 535 557 587. The Evidence in it justified 539 540. Some Account of it 540 541. It s Discovery supprest and how 546 547. Ports excellent ones in England 658. Portsmouth surrendred to the Parliament 296. Dutchess who she was 474. Prague see Frederick Presbyterians join with the Royalists 409. Printers petition against Laud 231. Privileges of Parliament discust 552 554. Proclamations against talking of State-Affairs 96 97. Prorogations of Parliament not used till Hen. 8. Account of one in Char. 2d's time 520 521 533. Protestants in France suffer by James I. 96. and by Charles I. see Char. I. and Rochel Puritans increase 154. Oppos'd by Laud c. 122 157 227. Persecuted by him 258. Pyrenean Treaty 421 422. Broke by the French K. 427 428 471. Q. QVeen proclaim'd Traitor by the Parliament 298. Arrives in England on some dark Designs 428. Quo Warranto see Charter R. RAcking Men declar'd to be against Law 227. Raleigh Sir Walter his Story 82 85. Is beheaded the he had been pardoned 85. Rents whence their Fall 463. Republicans conspire against Cromwel 386 399. Restore the Rump 408. Revenue of Q. Elizabeth 32. of James II. which see Richlieu some Account of him 141 142 176. Is parallel'd with Laud 239 240. Promotes the Contentions in England and Scotland 265 272 279. Engag'd in the Irish Massacre 277 343. Rochel Fleet subdued by the French English and Dutch 174. Not reliev'd by the English as promis'd 225. Miserably reduc'd 226. Roman Empire the Causes of its Ruin 17 24. Rothes Earl Commissioner in Scotland 454. Rump Parliament their Votes concerning the King with Remarks 332 333. Erect High Courts of Justice one of which takes off the King 333 346 347. Abolish Monarchy 342. Their prodigious Acts ib. Their Success in Ireland 343 344. in Scotland c. 345 347 350. against the Dutch 351 353 356. Propose a Coalition with them 350. Their Demands of them ib. 353. Their Answer to the Dutch Excuses 352 353. Their Letter to the States of Holland 357. to the States General 358. Are turn'd out by Cromwel 362. Their Character c. 363 364. Are restored by the Republicans 408. Turn out Lambert c. and constitute a Council of War 409. Are turn'd out again 410. and put in again by Fleetwood 416. Send to Monk ib. Rupert Prince lost several Battels by his Rashness 297 307 311. Forc'd into France 327. Saves the King's Life at Windsor 541. Rushworth commended 8. Russel Lord murder'd 601. S. SAndwich Earl affronted by the Duke of York is slain 480 481. Scotland Account of its Church-state 260 263 440 441. It s Alteration endeavour'd see Laud. Great Persecution there see Lauderdale Scots oppose Common-Prayer c. and enter into a solemn Covenant against it 263. Vp in Arms propose an Accommodation 265. Declare against Episcopacy 270. Declar'd Traitors enter England 271. Keep not the Articles of Pacification 280 281. Began the War 280 286. Break their Word with the King and join the Parliament 300 331. Murder in cold Blood 316. Sell the King 317. Their Government not lik'd in England ib. Are routed by Cromwel which see Their Government chang'd by the Rump 347. Have four Citadels built to curb them 410. Their happy State under Monk ib. Parliament appoint May 29. an Anniversary Thanksgiving 443 444. Their other Acts abolish Presbytery 444 447. Grant
other Person to be thought so fit for it and therefore the King with many kind Expressions gave order to Sir William to prepare for his Journey and the Secretary to draw up his Instructions But how forward soever the Juncto were for Peace the Dutch out-run them or at least kept equal Pace with them for tho the Prince of Orange were victorious in Holland and with admired Prudence and Conduct like another Scipio carried the War out of his Country and thereby saved it for in the dead of the Year he joined Montecuculi the Emperor 's General and besieged and took Bon the Residence of the Elector of Cologn and thereby cut off the Communication between France and Holland whereby the French were forced not only to quit their conquer'd Towns by heaps but he opened a Passage for the Imperial Forces to join the Dutch and Spanish yet the Dutch having but newly recovered their drowned Country and lost their Trade the Charges of maintaining their Land Army became so great that it was impossible this Year to set out a Fleet by Sea The Dutch States therefore gave the Marquess of Frezno the Spanish Ambassador in England Power to treat and conclude a Peace with the King which came in three Days after the Juncto had sent to Sir William and this by Sir William's Advice stayed his Journey into Holland it being more honourable for the King to be sought to than seek a Peace and that the King's Interest might be better pursued at London than at the Hague The King and Juncto agreed to it and withal added That tho Sir William did not treat the Peace at the Hague he should at London And when Sir William had received his Instructions he at three Meetings with the Marquess concluded the whole Treaty with the Satisfaction of the King Sir William says the Articles being publick need no Place here but the two Points of greatest Difficulty were the Flag and recalling the English Troops out of the French Service But that this last was composed by private Engagements to suffer those to wear out without any Recruits or not to permit new ones to go over yet at the same time to give Leave to the Dutch to raise such Levies as they should think fit in his Majesty's Dominions But this is an odd Equivocation to recal the French Troops which was to let them wear out without Recruits which was not observed neither for Men were not only encouraged but pressed to this Service and to these in the French Service does Sir William and the Germans too ascribe the Glory of all the French Actions who not only in Turenne's Life but at his Death saved the whole French Army But if this be as Sir William says yet the King hereby instead of being the Protector becomes a Murderer of his Subjects in permitting them to kill one another on both sides for it is impossible the War should be just on both sides Nor do I believe the like Precedent can be shewed unless by the King's Grandfather James I. I confess I have not seen the Articles of the Treaty at large but by so much as I have seen I do not find that the Arrears for the Dutch Fishing upon the Coasts of England and Scotland agreed upon in King Charles the First 's Time which was 30000 l. per Annum and a settled Revenue for that Fishery for the Time to come insisted upon at the Treaty of Cologn nor the Damages to the Executors of Sir Paul Pindar and Sir William Courten were so much as mention'd in it It may be the 800000 Patacoons to be paid by the Dutch to the King by this Treaty were intended in Satisfaction of the Executors Demands of which they denied they ever received one Penny This hasty Peace thus huddled up in less than 4 Days viz. between the 5th or 6th and 9th of February would not admit of the Establishment of a Marine Treaty and Regulation of the East-India Trade between the English and Dutch and Treaty at Cologn And therefore it was agreed That Commissioners on both sides were to meet at London to treat of these and determine them in three Months after such Meeting and in case any Differences should not be adjusted these to be referred to the Queen Regent of Spain who should name 11 Commissioners the greater part of whom should determine the Differences in 6 Months after and these to meet in 3 Months after the Queen Regent shall have taken the foresaid Arbitriment upon her self But the States as wise in this Treaty as the English were improvident and hasty got the 7th Article agreed to viz. That the Treaty made at Breda 1667 as also other Treaties renewed by it be confirmed and remain in full Force and Vigour as far as they shall not be contrary to this present Treaty The Marine Treaty was agreed by the Commissioners but the first and fifth Articles ill observed by the Dutch as I have seen made publick but nothing was agreed for the Regulation of the East-India Trade nor any thing concerning it referred to the Queen Regent of Spain This is that honourable Peace to his Majesty's Satisfaction which succeeded this glorious War to the Expence of such vast Treasure and Charge to England and involving Christendom into a War wherein we taught the French to fight by Sea while they encouraged the Dutch and us to destroy one another whereby we got nothing but dry Blows except the 800000 Patacoons for the Flag was ever given by the Dutch to Queen Elizabeth King James and King Charles I. and by the Treaty to Oliver in 1654 and to the King in 1666 and 1667 nor ever desired by the States But the Dutch got confirmed the Islands of Amboyna and Polloroon which they had ravished from the English whereby they not only supply Europe but India and Persia with Spice and Surinam and also got discharged again from the Piracy or Robbery perpetrated upon the Bona Esperanza and Henry Bonadventura in Time of Peace and all the Arrears of 30000 l. per Annum for fishing upon our Coasts since 1636. So little Regard was had in this Treaty either of the King's Honour or of the Good or Interest of the Nation However 't was the Interest of Spain to promote this separate Peace with the Dutch for this Year the French King having brib'd the Swiss to a Compliance took the Franche County from Spain the Swiss keeping Garisons in Dole and Besanzon And this Year Messina revolted from Spain and submitted to the French King CHAP. III. A further Detection of this Reign till the breaking out of the Popish Plot. TO mollify his most Christian Majesty highly exasperated you must think by this Peace the King 't was said and I believe it sent his Ship-Carpenters to instruct the French how to build his Men of War and I say Sir Anthony Dean told me that by Order of the King he built the Model of a Man of War as I