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and French and War with Spain will appear afterward The 6th Article is That the Laws shall not be altered suspended or repealed nor any new Law made nor any Tax Charge or Imposition laid upon the People but by common Assent in Parliaments save only as is expressed in the 30th Article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
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
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
for the French Service with the first Opportunity to go to such a Port as the French Ambassador should direct and there to expect Directions But see the Dissimulation and Hypocrisy of the Duke and French Ambassador d'Efsiat for all this while they gave out that this Fleet should not be employed against the Rochellers but against Genoua which it seems took part with the King of Spain against the French King's Allies in Italy and that Vice-Admiral Pennington should not take in any more French into any of the Ships of this Fleet than the English could master These were the Instructions which the Duke communicated to the Council and with these Pennington sailed to Diep But when the Fleet arrived at Diep the Duke of Momerancy Admiral of France would have put 200 Men into the Industry and offered the like to every one of the other Ships in the Fleet telling them they were to fight against the City and Inhabitants of Rochel with a Proffer of Chains of Gold and other Rewards to all those Captains Masters and Owners which should go in this Service which they all with one Consent rejected and subscribed their Names to a Petition to Pennington against it whereupon on Pennington with the whole Fleet returned into the Downs and from the Downs Pennington wrote a Letter to the Duke by one Ingram who saw the Duke read it together with the last Petition and by Ingram Pennington became a Suitor to the Duke to be discharged of this Employment This put the Duke and French Agents to their Trumps how to retrieve their Game and tho all these Transactions were concealed from the King and Council yet the Protestants in France had got Knowledg of this Design and the Duke of Rohan and Protestants of France by Monsieur de la Touche solicited the King and Council against this Design and had good Words and Hopes from both But Buckingham told de la Touche the King his Master was obliged and so the Ships must and should go But there was another Obstacle to be removed or this worthy Design was at a full Stop The Duke had imprest and hired the seven Merchants Ships upon the King of England's Account and for his Service and so they could not be passed into the French Hands without a new Agreement with the Owners Hereupon his Grace was pleased to take a Journey to Rochester to settle the Agreement which must be as the French Ambassadors would whether the Owners of the Ships would or not I will be particular herein not only to shew what a Minister of State Buckingham was or what Reliance there was upon his Word or Honour but more especially for that the Ruin not only of the whole Interest of the Reformed of France was a Consequence of this Action wherein the Mercenary Dutch State conspired also with the Duke but it was the Foundation upon which the French Naval Grandeur was built as well to the Terror of Christendom as of England at this very Day My Lord Conway was the Duke's Nanny and tho principal Minister of State by the Duke's Promotion yet made the Office to bend which way soever the Duke nodded This Lord Conway directed a Letter upon the 10th of July 1625. as from the King to Vice-Admiral Pennington whereby he took upon him to express and signify to him that his Master had left the Command of the Ships to the French King and that Pennington should receive into them so many Men as the French King pleased for the time contracted for viz. six Months but not to exceed eighteen and recommended his Letter should be his sufficient Warrant This Letter was delivered by one Parker to Pennington in the Downs and the English Merchants had constituted one James Moyer and Anthony Touchin to treat with the French Ambassadors which were the Duke of Chevereux Monsieur Vollocleer and the Marquiss of Efsiat and at Rochester the Duke sent back a Letter to Moyer and Touchin to come and treat with the French Ambassadors to settle Business about the Delivery up of their Ships and Fraights into the Power of the French King The Propositions which the French Ambassadors made to Moyer and Touchin were 1. That the English Captains and their Companies should consent and promise to serve the French King against all none excepted but the King of Great Britain in Conformity to the Contract formerly passed between D'Efsiat and them 2. That they should consent and agree in consideration of the Assurance given them by the Ambassadors to the Articles of the 25th of March before which you may read in Rushworth fol. 328. whereby the French King should be Master of the said Ships by indifferent Inventory and that they by him should be warranted against all Hazards and Sea-fights and if they miscarried then the Value of them to be paid by the French King who would also confirm this new Proposition within 15 Days after the Ships should be delivered to his Use by good Caution in London 3. That if the French King would take any Men out of the Ships he might but without any Diminution to the Fraight for or in respect thereof To these Moyer in the behalf of the Merchants answered 1. That their Ships should not go to serve against Rochel 2. That they would not send their Ships without good Warrants 3. Nor without sufficient Security to their liking for the Payment of their Fraight and Rendition of their Ships or the Value thereof for the Ambassadors Security was by them taken not to be sufficient and they protested against it and utterly refused the peraffetted Instrument Hereupon Sir John Epstey and Sir Tho. Dove disswaded the Duke from this Enterprize telling him he could not justify nor answer the Delivery of the Ships However Buckingham's Dictatorship would not admit of Justice or Reason but he commanded Moyer and the rest that they should obey the Lord Conway's Letter and return to Diep to serve the French and that so was the King's Pleasure tho the King told the Duke of Rohan's Agent de la Touche otherwise yet privately at the same time the Duke told them that the Security offered by the Ambassadors was sufficient and that tho they went to Diep they might and then should keep their Ships in their own Power till they had made their own Conditions Hereupon the Duke of Chevereux and Vollocleer constituted D'Efsiat their Deputy to treat with the Merchants at Diep for the Delivery of their Ships into the French Power but with him the Duke sent Mr. Edward Nicholas his Secretary with Instructions by word of Mouth to execute the King's Pleasure by my Lord Conway's Letter for putting the Merchants Ships into the French Power upon the Conditions peraffetted at Rochester by the three French Ambassadors But the Captains of the Ships refused to submit to the Conditions tho Mr. Nicholas in the King's Name from Day to Day threatned them and vehemently pressed them to deliver up their Ships upon the
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
the narrow Passages between the Salt-pits those that escaped were lost in the Salt-Pits and Ditches and the Crowd was so great in passing a Bridg that many were drown'd in the River yet in this Confusion and Adversity the Bravery of the English appear'd for a few having past the Bridg the French following the English rallied and faced about to charge the French who cowardly retreated over the Bridg. Except this little Action yet as great in Fame as any other the English Nation never received like Dishonour as in this loose and unguided Conduct of this lascivious Duke in this Expedition of whom it may be truly said he was Mars ad Opus Veneris Martis ad Arma Venus Home he comes and finds things as much in Disorder here as he had left them in Dishonour abroad the Prisons full of the most eminent Gentry of England by a special Warrant from the King for refusing to lend as they were assess'd by the Commissioners for the Loan and Bail denied them upon return of their Corpus's An Army was kept on foot when this Expedition had consumed all that which should have paid them which had not been done in 80 Years before the People fearing this was more to enslave than defend them In this Confusion Sir Cotton's Advice is called for by the King and Council what 's to be done who in a long and well composed Speech beginning at Charles the 5th sets forth the Design of the House of Austria to attain an universal Monarchy in these Western Parts of Europe How the Design was first check'd by Henry the 8th against Charles but more by Queen Elizabeth against his Son Philip the 2d they following a free Council and thereby winning the Hearts of a loving People ever found Hands and Money for all Occasions That the only way to raise Money speedily and securely was the Via Regia by Parliament other ways were unknown untrodden rough tedious and never succeeded well That Religion lies nearest the Conscience of the Subject and that there was a Jealousy of some Practices against it and that tho the Duke of Bucks had broken the Spanish Match out of a Religious Care that the Articles demanded might endanger the State of the Reformed Religion yet being an Actor in the French Match as hard if not worse passed than those of Spain Sir Robert goes on and enumerates the Miscarriages in these two last Years the Waste of the King's Revenue the Pressures upon the publick Liberty of the Subjects in commanding their Goods without Consent in Parliament imprisoning their Persons without special Cause shewed and this made good against them by the Judges How to obviate these he leaves to the prudent Consideration of the Council but like old Sir Charles Harboard he wishes that the Duke might appear to be the first Adviser for calling a Parliament so that the People may be satisfied this Parliament should be called by the zealous Care and Industry of the Duke Now the Hopes of getting Money by calling the Parliament works more than the Laws of God or sacred Justice could do for upon the 29th of January Writs are issued out for the Assembling of a Parliament to meet the 17th of March following the Prison-Doors are opened for the imprisoned Gentry to go abroad the Arch-bishop the Earl of Bristol and Bishop of Lincoln who tho now in Disgrace was the first Raiser of Laud after Bishop of London and Arch-Bishop of Canterbury have Writs to 〈◊〉 in Parliament But see the Unstability of Resolutions not founded in Truth Justice or Prudence for the next Day after the Writs for summoning the Parliament were agreed the King January the 30th granted a Privy-Seal to Burlemach for 30000 l. to be returned to Sir William Balfour and John Daâ—bier for raising a thousand German Hâ—rse with Arms both for Horse and Foot to be sent into England February the 28th where was an Army already upon free Quarter and after grants a Commission to 23 Lords and others to raise Money upon Impositions or otherwise Thus things stood in the State before the Meeting of the Parliament Now let 's see how they stood in the Church Barnevelt having headed a Faction in Holland which called themselves Arminians and designing by them to have deposed the Prince of Orange lost his Head for it about four Years before now on the contrary the Arminian Faction here which called themselves the Church of England ascribed all Dominion to the absolute Power of the King The Principals of this Faction were Neal Bishop of Wâ—â—chester Laud Bishop of Bath and Welâ—s and Richard Mountague afterwards advanced to the Bishopricks of Chichester and Norwich this Faction was headed by the Duke At this time the Jesuits had taken a House at Clarkenwell designing to make a College of it who in a Letter to the Father Rector of the Jesuits at Brussels boast that they had planted the soveraign Drug Arminianism which they hoped would purge the Protestants from their Heresy and that it flourished and bore Fruit in a due Season and they proceeded by Counsel and Consideration how and when to work upon the Duke's Jealousy and Revenge and in that they gave the Honour to those who merit it which were the Church Catholicks they assured themselves they had made the Duke and the Parliament irreconcilable and that they have those of their Religion who stand continually at the Duke's Chamber to see who comes in and who goes out They glory how admirably in their Speech and Gestures they act the Puritans and the Cambridg Scholars shall find by woful Experience they can act the Puritans better than they have done the Jesuits That their Foundation is Arminianism that the Arminians and Projectors affect Mutation Having thus laid the Foundation for propagating their Religion the Jesuits next Care was for the State and in the first place they consider the King's Honour and Necessities and shew how the King may free himself of his Word as Lewis the 11th did and for greater Splendor and Lustre how he may raise a great Revenue and not be beholden to his Subjects which was by way of Excise which must be by a mercenary Army of Horse and Foot For the Horse they had made sure they should be Foreigners and Germans who would eat up the King's Revenue and spoil the Countries wheresoever they came tho they should be paid What Havock then will they make there when they get no Pay or are not duly paid they will do more Mischief than we hope the Army will do This mercenary Army of 2000 Horse and 20000 Foot was to be taken into pay before the Excise be settled In forming the Excise the Country is most likely to rise if the Mercenary Army subjugate the Country the Soldiers are to be paid out of the Confiscations they hope instantly to dissolve Trade and hinder the Building of Ships by devising probable Designs and putting the State upon Expeditions as that of Cadiz and in taking
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
resolve that Religion shall have the Precedency in their Debates and make this Vow WE the Commons in Parliament assembled do claim protest and avow for Truth the Sense of the Articles of Religion which were established by Parliament in the 13th Year of the Reign of Queen Elizabeth which by the Publick Acts of the Church of England and by the general and currant Exposition of the Writers of our Church have been delivered unto Vs And we Reject the Sense of the Jesuits and Arminians and all others wherein they differ from us But the true Reason why the King would not take the Duties of Tunnage and Poundage from the Commons was for fear the Commons should not grant the Duties imposed by his Father and taken by him which he was resolved to continue whether the Parliament would or not The House had a Petition from the Printers and Booksellers in London complaining that Laud Bishop of London who had been so but from the 15th of July last had restrained Books written against Popery and Arminianism and the contrary allowed of only by him and had sent Pursevants for many Printers and Booksellers who had printed Books against Popery and that Licensing Books was only restrained to the Bishop of London and his Chaplains This is the Patron and Saint-like Martyr of the Church of England And all this Ado in the House of Commons was upon Sir Elliot's Speech against Neal Bishop of Winchester a zealous Promoter of Arminianism and Weston Lord Treasurer a Papist in whose Person he said All Evil is contracted acting and building upon those Grounds laid by his great Master the Duke and that his Spirit is moving to these Interruptions and they for fear break Parliaments lest the Parliament should break them That he finds him the Head of all the great Party That Papists Jesuits and Priests derive from him their Shelter and Protection c. But the Speaker upon Motion of the House refused to put the Question being he said otherwise commanded by the King Whereupon the House adjourn'd till Wednesday the 25th and from thence to the 2d of March when the Speaker again refused to put the Question the Success whereof was said before What now was the Crime of the House It was their Endeavour to preserve the Religion of the Church of England and the Laws and Liberties of the Subjects of England and since the Speaker refusing to do his Office they could not represent their Duty to the King they made their Protestation in the Defence of the Church and State And Masters oft-times upon Disobedience of their Servants do that which at other times they would not have done The King having made Peace abroad was resolved now to prosecute a vigorous â—ar at home against those Noble Gentlemen who in a Parliamentary Way had asserted the established Religion and Laws of England The Duke of Buckingham who was stabb'd the 23d of August before you need not fear had furnished the King with Judges Privy-Counsellors and Star-Chamber-Men who should do the King's Work and now let 's see the Order and Method by which it was carried on Upon this very Day viz. the 2d of March a Proclamation was drawn for the Dissolution of the Parliament but not proclaimed the King afterwards doing it himself in Person upon the 10th But next Day Warrants were directed from the Privy-Council for Denzil Hollis Sir Miles Hobert Sir John Elliot Sir Peter Hayman John Selden William Coriton Walter Long William Stroud and Benjamin Valentine Esquires to appear before the Council next day Mr. Hollis Sir John Elliot Mr. Valentine and Mr. Coriton appeared and for refusing to answer out of Parliament for what was said or done in Parliament were committed close Prisoners to the Tower and Warrants were given for sealing up the Studies of Mr. Hollis Mr. Selden Sir John Elliot Mr. Long and Mr. Stroud who not then appearing a Proclamation was issued out for apprehending of them The 10th of March the King comes into the House of Lords and tells the Reasons of his Dissolution of the Parliament that it was the undutiful and seditious Carriage in the lower House but says not wherein calls them Vipers who must look for their Reward and Punishment but promises the Lords the Favour and Protection that a good King oweth to his loving and faithful Nobility and then the Lord Keeper dissolved the Parliament CHAP. II. This Reign detected to the Second Parliament in 1640. JUstice like Truth is one and consists in entire Parts and will not admit of more or less but Injustice like Falshood and Error is distracted into infinite Discord and Confusion King James upon the Dissolution of the Parliament of the 12th and 18th Years of his Reign without any Trial but only by the Prerogative of his own Will commits several Members of Parliament to Prison for presuming to represent the Grievances of the Nation to him for Redress without Bail or Main-prize But this King puts a face of Justice upon his fining and imprisoning the Members of Parliament for their Debates and Transactions in it which was so much worse than his Father's Actions by how much the affixing a sacred Character to a bad Act and Justice is sacred renders the Act so much worse as Perjury is a greater Crime than simple Falshood and to murder a Man under pretence of Justice a greater Crime than simple Murder The Members thus close imprisoned after the Dissolution of the Parliament viz. in Trinity-Term following Mr. Selden was brought by Habeas Corpus to the King's-Bench with the Cause of his Detainer and also the same day Sir Miles Hobert Mr. Benjamin Valentine and Mr. Hollis appeared by Habeas Corpus directed to their several Prisons with their Counsel to argue their several Cases But when the Court were prepared to give their Opinions the Prisoners were not brought according to the Rule of Court Then Proclamation was made to the Keepers of the several Prisons to bring their Prisoners but none appeared But the Marshal of the King's-Bench said that Mr. Stroud was removed out of his Custody the day before to the Tower by the King 's own Warrant and so it was done by the other Prisoners But in the Evening the Judges received a Letter from the King containing Reasons why he would not suffer the Prisoners to appear yet that Selden and Valentine should appear the next day and about three Hours after the Judges received other Letters that upon mature Deliberation neither Selden nor Valentine should appear And the same Term four Constables of Hertfordshire pray'd Corpus's to several Pursevants to whom they were committed by the Lords of the Privy-Council which were granted but then they are committed to other Pursevants and so they were upon every other Habeas Corpus so that the Constables could have no benefit of them The Members as well as the Constables being thus shifted from one Prison to others to prevent the Returns of their Corpus's by special Order from
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
Kingdoms of England Scotland and Ireland and Destruction upon the King when is was not in the Power of those which first raised the War against him to save his Life which they would have done I am told that the last Part of this Paragraph is an unjust Charge upon the Parliament in that they acted defensively in this War and that the King first raised Arms and this by the Authority of Mr. May. If I be mistaken I have the Authority of him who could best know I mean the King at his Death who declared That he never did begin the War with the two Houses of Parliament as all the World knows that they began with him it was the Militia they began upon they confest that to be his but they thought fit to have it from him and to be short if any body will look into the Dates of those Commissions theirs and his and likewise to the Declarations they will see clearly that they began these unhappy Troubles not he See Whit. Mem. f. 369. a. and all the Writers of those times If this be not Authority sufficient to shew the Parliament began the War the first Scuffle between the King and Parliament was about the Business of Hull where the Parliament had committed the Charge of the Town and Magazine to Sir John Hotham one of the Members of the Commons who was sent down thither to remove the Magazine to London but the Country of York petitioned it might still remain at Hull for securing the Northern Parts especially the King residing there Hereupon the King taking a Guard of his Servants and some Neighbouring Gentry upon the 23d of April went to Hull but contrary to Expectation found the Gates shut and the Bridges drawn up by Sir John and his Entrance denied though but with 20 Horse which so moved the King that he proclaimed Hotham a Traitor and sends to the Parliament for Justice against him To this the Parliament return no Answer but justify Sir John Hotham and order that the Sheriffs and Justices of the Peace do suppress all Forces which shall be raised or gathered together against Hull or to disturb the Peace nor did they stay here but put the Power of the Militia in Persons nominated by them excluding the King in ordering any thing together with them and authorized Hotham by his Warrants to raise the trained Bands in Yorkshire to march with their Arms into Hull where he disarmed them and turned them home again See Whit. Mem. f. 55 56. So I submit this to Judgment whether this was not raising Arms against the King being done by Subjects and contrary to the King's Command and if the King did encrease his Guards yet this was subsequent to the excluding the King from having Power in the Militia and Hotham's Raising Arms and Disarming the Trained Bands of Yorkshire Mr. May says p. 55. the Parliament being then intent upon settling the Militia by Land took care also to seize the Navy into their Hands and ordered the Earl of Warwick to be Admiral to put this in Execution but the King had chosen Sir John Pennington to that place instead of the Earl of Northumberland and sent a Command to the Earl of Warwick to resign the Place to him Pennington But the Earl chose rather to obey the Ordinance of Parliament and with great Courage and Policy got the Fleet into his Hands tho many of the Captains stood out against him but the Earl deprived them of their Commands and possest himself of the Ships taking shortly after another Ship called the Lyon of great Import coming out of Holland and laden with Gun-power which proved a great Addition to his Strength So here was a double Beginning of the War by the Parliament both in seizing the Fleet and taking the Lyon and this before the King committed any Act of Hostility And for the carrying on this War which Mr. May calls the Cause the Parliament upon the 10th of June made an Order for bringing in Money and Plate to raise Arms for the Cause and the Publick Faith for Repayment to them which brought it in So here the Parliament raised Money as well as Forces for carrying on the War before the King levied any And so I leave it to Judgment who first began the War Objection The Parliament raised Arms for their own Defence and Security of the Nation Answer This is said but of no kin to Truth or Reason for Men defend what they are possest of and the King was possest of the Militia and Fleet when the Parliament ravish'd both from him nor did the King use either against the Parliament when they invaded them Besides the King at least as he declared endeavoured to defend the established Religion and Laws of the Land whereas the Parliament contended to abolish the Established Religion and to exalt themselves above the Laws of the Land Objection 2. That the King had so often violated the Laws and Constitutions of the Nation and governed so Arbitrarily that the Parliament could have no Security for the future to prevent his so doing again so long as the King was possest of the Militia Answer The Case was not the same then when the King resolved to have no more Parliaments as now when the King had made this Parliament perpetual and had passed the Triennial Bill for Parliaments to meet whether he would or no And tho Favourites and Flatterers instill'd those things into the King when they were without any Fear or Apprehension of being questioned by a Parliament yet now the Parliament had so severely prosecuted and punished such Men and being perpetual or at least to meet Three Years after every Dissolution none would presume to advise the King in things derogatory to his Honour and the Interest of the Nation And now we proceed to the ensuing War The Parliament before the King set up his Standard at Nottingham Aug. 22 Voted That an Army should be raised for the Defence of the King and Parliament that the Earl of Essex should be Captain General of the Army and the Earl of Bedford General of the Horse The War began first between the Marquess of Hartford for the King in the West and the Earl of Bedford for the Parliament the Earl being worsted by the Marquess at Sherborn-Castle Goring got into Portsmouth and held it for the King but could not hold it long for the Country joining with Sir John Meyrick forced him to surrender who thereupon went into Holland and my Lord Say St. Johns and Weemen with Colonel Whitlock enter Oxford and keep it for the Parliament But the Face of Affairs soon changed for the King having made the Earl of Lindsey his General and the Parliament the Earl of Essex upon the 23d of October the Armies met and fought at Edghil with uncertain Victory which both sides claimed the Earl of Lindsey was mortally wounded and taken Prisoner the Right Wing of the King's Horse commanded by Prince Rupert brake the Left
Fitzharris's Trial fol. 5. says That the Commons resolving to examine Hubert upon the Matter next Day Hubert was hanged before the House sat and so could tell no further Tales Those who excused the firing of London to have been by Design or that Hubert had any hand in it said Hubert was mad and knew not what he did or said And why then would they let him be tried upon it For it is not only contrary to our Laws but to the Law of Nature and Humanity to try and convict a Mad-man of any supposed Crime when he is incapacitated to make any Defence as a Mad-man is And tho the Statute of 33 Hen. 8. in High-Treason ordains That if a Man fall mad after he had committed High-Treason yet he should be tried for it and executed yet this extends only to High-Treason upon which Hubert was not tried but even this Law being deemed inhumane and cruel was soon after repealed But this Case of Hubert's only led the Van you 'll hear of others of like nature which followed I remember very well that when it was blazed about that Hubert was mad and the City in Ruin Hubert was carried to shew where he fired the City and tho it was in its Ruin Hubert shewed those who brought him where it began I confess I was not present then but such was the Fame of it which I never heard to be contradicted This Year the Parliament that they might not less contribute to the French Grandeur by Sea than the Rump had done by the Act of Navigation made a Law 18 Car. 2. cap. 2. against Importation of Irish Cattel which in regard it is the only Law since the Creation which was ever made by any Prince or State to make things necessary for Preservation and Convenience of Humane Subsistence scarce and dear we will more particularly make these Observations upon it The Reason given for this Law was That the Importation of Irish Cattel had fallen the Rents and Value of the Lands of England and were like to fall more Observation I. It 's true the Rents and Value of the Lands of England were fallen at this time considerably but not from the Importation of Irish Cattel for Lands are valuable as Trade is more or less and Money more plentiful And we have shewed That the Severity used by the Bishops in 1636 had sent many of our Woollen Manufacturers into Holland as much to their Enriching as to our Impoverishment That by the Treaty of Munster in 1648 the Dutch became Partakers with us in the Spanish Trade whereby above all others we were enriched That by reason of the Act of Navigation we have upon the matter lost the most beneficial Trades to Hamburgh and into the Sound with our Woollen Manufactures And besides the eternal fixing the Fishing-Trade upon the Coasts of England and Scotland to the Dutch by this War we have totally lost the Greenland Fishery and the Dutch partake with us in the Iseland and Westmony Fishing Trades and the French to the Newfound-Land That by Oliver's breaking with the Spaniard and joining with the French the Dutch got all the Riches of the Spanish Trade whilst we were bound to be Losers by the French I will add two more Reasons of the Fall of the Lands of England One The advantageous Treaty of Commerce made by Oliver with the French was not established by the King but a much worse if any submitted to And after the French set such high Imposts upon our Commodities that Sir John Trevor in his Appeal takes notice that we did not vend one fourth of the Commodities we before exported into France whilst we consumed French Wines Brandies and other French Wares more than before So that about this time or soon after the Lords Commissioners for a Treaty of Commerce with France appointed a Committee to inspect the Difference of the Ballance which besides those of Gloves Lace Ribbon and other Toys did amount yearly to 965128 l. 17 s. 4 d. imported from France more than exported out of England The other is That the most gainful Trade the English have is that to Spain which has no other Means to maintain it but by the Returns of their Fleet which since we took Jamaica the Buccaneers so interrupted the Spaniard in the West-Indies that as the Spanish Loss and Returns were more difficult so much was our Trade to Spain damnified Observation II. The Importation of Irish Cattel might fall the Rents of Lands yet not make them the less valuable for if Landlords would content themselves with the Product of their Tenants Labours so that if they could buy their Commodities half or one third c. cheaper their Lands would be as valuable as if they had half or one third c. more Rent and they pay so much more for their Commodities besides many thousands of People might subsist by their Labours where Provisions are cheaper which could not if dearer and the Charge of maintaining the Poor are so much more as Provisions are dearer and so much less must the foreign Vent of our Manufactures be as Provisions are dearer whereon Workmen subsist But admit the Importation of Irish Cattel had caused such Plenty of Provision as the Nation could not have expended yet if Commodities be Riches the Nation would have been so much more enriched by the Importation of the Irish Cattel and by this means might have established a foreign Trade upon that Account and only by foreign Trade the Nation is enrich'd Observation III. The Returns which the English made for Irish Cattel were Clothes Hats Caps Stockings Hops and other Manufactures which upon the Act ceasing the People who subsisted by working these necessarily fell into Decay and Poverty so as the Value of the Lands of England were lessen'd both ways for as these People who by their Labours were enabled to buy Provisions to the Improvement of the Value of the Lands of England so by their Poverty they became a Charge and Burden to them Observation IV. If it be Injustice and Wickedness to take away another's Lands or Goods without a just Cause it 's equally or more wicked and unjust to take away the means of living from industrious Men in their just Employments and make no Retribution both which this Law did to the People employed in the Manufactures returned for Irish Cattel Nor did this Law make any Provision for the Mariners employed in bringing over Irish Cattel nor pay the Owners of the Vessels employ'd in it for their Vessels now they had lost their Employment Nor did the Parliament give the King any Satisfaction for 30000 l. per An. Duties paid the King for importing Irish Cattel Observation V. By this Law the English lost the Manufactures of the Hides Tallow and Horns of the Cattel which might have been wrought in England and gave them to other Nations if the Irish should not work them to the Loss of the Employment of the English and thereby lessening the
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
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
purpose 3. Oates said Turbervile said a little before the Witnesses were sworn at the Old-Baily That he was not a Witness against Colledge nor could give any Evidence against him and that after he came to Oxford he had been sworn before the Grand Jury against Colledge and that the Protestant Citizens had deserted him and God damn him he would not starve John Smith swore Colledge's speaking scandalous Words against the King and of his having Armour which he shewed Smith and said These are the things that will destroy the pitiful Guards of Rowley and that he expected the King would seize some of the Members of Parliament at Oxford which if done he would be one should seize the King that Fitz-Gerald had made his Nose bleed but before long he hoped to see a great deal more Blood shed for the Cause that if any nay Rowley himself came to disarm the City he would be the Death of him 4. To confront this Evidence Blake testified that Smith said Haynes's Discovery was a Sham-Plot a Meal-Tub-Plot Bolron said Smith would have had him swore against Sir John Brooke my Lord Shaftsbury and Colledge things of which he knew nothing and told him what he Bolron should swear lest they should disagree in their Evidence Oates testified Smith said God damn him he would have Colledge ' s Blood and Mowbray testified that Smith tempted him to be a Witness against Colledge and Sir John Brooke and said if the Parliament did not give the King Money and stood on the Bill of Exclusion that was Pretence enough to swear a Design to secure the King at Oxford And Everard and others testified Smith said he knew of no Presbyterian or Protestant Plot and said Justice Warcup would have perswaded him to swear against some Lords a Presbyterian Plot but he knew of none These were the material Evidences thus confronted which should prove Colledge's Treason and Misdemeanour for taking away his Life But this Evidence was so baffled that for Shame the King's Counsel never play'd them after against any other but my Lord of Shaftsbury but were forced to set up for new against my Lord Russel Colonel Sidney c. Objection In criminal Cases especially of Treason if Evidence did not arise from the Conspirators who are supposed to be ill Men scarce any other means can be found for preventing or punishing these and that Dangerfield was of an ill Fame and Dugdale Smith and Turbervile were Witnesses in Discovery of the Popish Plot and so their Evidence is to be credited as well in this as in the Popish Plot. Answer Nor would the Popish Plot have been believed if it had no Foundation but the Credit of the Witnesses but Coleman's Letters Sir Godfrey's Murder and Harcourt's Letters of it that Night to Evers my Lord Aston's Confessor c. gave more than sufficient Evidence of the Popish Plot beside the Evidence in the Popish Plot did arise from the Evidence of their own Accord not hired and sought to give it as in this And can any Man believe that Colledge so zealous a Protestant should design the Destruction of the King and contrive it by Papists to whom he was so averse And it were Madness to think Colledge could do this alone for none of all the Evidence swear any other to be concerned with him in it There were other Evidence against Colledge viz. Mr. Mâ—sters Sir William Jennings about Words which Colledge should speak and Atterbury Seywel and Stevens concerning finding Pictures in Colledge's Possession when they seized him but as Mr. Hawles observes these by no Law in England could be made Treason admitting all they said to be true But tho at Colledge this Scene began and he was executed as a Traitor it did not end in him as he prophesied For Colledge's Blood was too mean a Sacrifice to appease the offended Ghosts of the martyred Roman Saints and was but an Inlet to spill nobler Blood therefore upon the 31st of August he was executed and upon the 24th of November following 1681. the Earl of Shaftsbury had a Bill of High Treason at the Sessions of the Old-Baily London preferred against him I will not here curtail any of the Remarks which Mr. Hawles has made upon this Bill or the Trial of my Lord Russel Colonel Sidney's Mr. Cornish's and Wilmer's Trials but leave them entire to the Reader it 's enough for me to shew how well the King by these Trials made good his Declaration of preserving the Protestant Religion and his utmost Endeavour to extirpate Popery yet I shall make some Remarks upon my Lord Shaftsbury's Case which Mr. Hawles either has not or not so fully Upon the 20th of April 1679 the King after he had sent the Duke into Holland dissolved his old Privy Council and chose a new one whereof the Earl of Shaftsbury was President and in Parliament declared the ill Effects he had found of single Councils and Cabals and therefore had made Choice of this Council which next to the Advice of his great Council of Parliament which he would often consult in all his weighty and important Affairs he would be advised by this Privy Council and to take away all Jealousy that he was influenced by Popish Councils he had sent his Brother beyond Sea But now quanto mutatus No more Parliaments so long as this King lives The Council whose Advice next the Parliament he would take is now dissolved and the President 's Life is sought for the Duke of late sent away that he might not influence the King's Councils is now returned and governs all and made High Commissioner of Scotland where at this time he is contriving the Destruction of the noble Earl of Argile whilst his Brother is doing that of my Lord of Shaftsbury and both act their Parts under the Vail of sacred Justice But how to bring the Earl of Shaftsbury upon the Stage was Matter of great Inquiry other Evidence besides Irish and those Colledge had so baffled could scarce be found and this Evidence 't was feared would no more prevail upon a London Grand Jury than before it did when the Bill was preferred against Colledge Captain Henry Wilkinson was a Yorkshire Gentleman who having served King Charles I. in his Wars and been very instrumental in the Restoration of King Charles II. being fall'n into Decay a Fate usually attending the Cavaliers who served either of those Kings was for his Sufferings Integrity and Honesty preferred by the Earls of Craven and Shaftsbury to be Governour of Carolina and one of his Sons to be Surveyor-General of it and another a Register Captain Wilkinson made use of the little Stock he had left and such Credit as he could procure to fit himself upon this Account and hired a Ship called the Abigail of a hundred and thirty Tuns and victualled her for the Master and ten Men and such other Passengers as he should take in In this Number one Mr. John Booth desired that he and his
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
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
may be drawn into the Body of a Remonstrance and therein humbly exprest with a Prayer to his Majesty for the Safety of himself and for the Safety of the Kingdom and for the Safety of Religion that he would be pleased to give the House time to make perfect Inquisitions thereof or to take it into his own Wisdom and there give them such timely Reformation as the necessity of the Cause and his Justice does import Sir Edward Coke seconded Sir John Elliot 's Motion and propounded that a humble Remonstrance be presented to the King touching the Dangers and Means of the Safety of the King and Kingdom which was agreed to by the House and thereupon the House turned themselves into a grand Committee and the Committee for the Bill of Subsidies was ordered to expedite the said Remonstrance But this King rather than hear of what he had done did not care what he did and therefore the Speaker brought a Message from the King That his Majesty having upon the Petition exhibited by both Houses given an Answer so full of Justice and Grace for which we and our Posterity have just cause to bless his Majesty it is now time to draw to a Conclusion of the Session and therefore his Majesty thinks fit to let them know That he does resolve to abide by that Answer without further Change or Alteration and so he will Royally and Really perform unto them what he had thereby promised And further That he resolves to end this Session upon Wednesday the 11th of this Month and that this House should seriously attend those Businesses which may bring the Session to a happy Conclusion without entertaining new Matters and so to husband the time that his Majesty may with more Comfort bring them speedily together again at which time if there be any further Grievances not contained or expressed in the Petition they may be more maturely considered than the time will now permit But this did not disturb the Commons but they proceeded in their Declaration against Dr Manwaring and the same day presented it to the Lords at a Conference which was managed by Mr. Pym. The Commons impeached the Doctor upon these three Points in his Sermons of Allegiance and Religion 1. That he affirmed that the King is not bound to keep and observe the good Laws and Customs of this Realm concerning the Rights and Liberties of the Subjects and that his Royal Will and Command in imposing Loans Taxes and other Aids upon his People without common Consent in Parliament does so far bind the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of Eternal Damnation 2. That those of his Majesty's Subjects that refused the Loan did therein offend against the Law of God and against his Majesty's Supream Authority and by so doing became guilty of Impiety Disloyalty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several Parts of his Book does most falsly and maliciously lay upon them 3. That the Authority of Parliament is not necessary for the raising of Aids and Subsidies that the slow Proceedings of such Assemblies are not fit to supply the urgent Necessities of State but rather apt to produce sundry Impediments to the just Design of Princes and to give them occasion of Displeasure and Discontent Whereupon the Commons demanded Judgment against the Doctor not accounting his Submission with Tears and Grief a Satisfaction for the Offence charged upon him and the Lords gave this Sentence 1. That he should be imprisoned during the Pleasure of the House 2. That he should be fined 1000 l. to the King 3. That he should make such Submission and Acknowledgment of his Offences as shall be set down by a Committee in Writing both at this Bar and the House of Commons 4. That he shall be suspended for the Term of three Years from the Exercise of the Ministry and in the mean time a sufficient preaching Minister shall be provided to serve the Cure out of his Livings this Suspension and Provision to be done by the Ecclesiastical Jurisdiction 5. That he shall be disabled hereafter to have any Ecclesiastical Dignity or Secular Office 6. That he shall be disabled hereafter ever to preach at Court 7. That his Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be burnt accordingly in London both the Vniversities and for the inhibiting the printing thereof upon a great Penalty This Censure immediately succeeding Sir Elliot's Representation of Grievances startled Laud as much as Sir John's Representation did the Duke of Buckingham and the King that he might not hear of any more Business of this kind upon the 5th of June commanded the Speaker to let the House know that he will certainly hold to the day fixed for ending the Session viz. the 11th and therefore requires them that they enter not into nor proceed in any new Business which may spend greater time or which may lay any Scandal or Aspersion upon the State-Government or the Ministers thereof This put the House into a fearful Consternation whereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and ordered the House to be turned into a Committee to consider what was to be done for the Safety of the Kingdom and that no Man go out of the House upon pain of being committed to the Tower But before the Speaker left the Chair he desired leave to go forth which the House granted Then Sir Edward Coke spake freely We have dealt with that Duty and Moderation that never was the like Rebus sic stantibus after such a Violation upon the Liberties of the Subjects let us take this to Heart In 30 Edw. 3. were they then in any doubt to name Men that mislead the King They accused John of Gaunt the King's Son the Lords Latimer and Nevilâ—or â—or misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our Tongues How shall we answer our Duty to God and Men 7 Hen. 4. Parl. Rot. 31 32. 11 Hen. 4. Numb 13. there the Council are complained of and removed from the King they mewed up the King and disswaded him from the common Good and why are we turned from that way we were in Why may not we name those that are the Cause of all our Evils In the 4 H. 3. 21 E. 3. 13 R. 2. the Parliament moderated the King's Prerogative and nothing grows to Abuse but this House hath Power to treat thereof What shall we do Let us palliate no longer if we do God will not prosper us I think the Duke of Bucks is the Cause of all our Miseries and till the King be informed thereof we shall neither go out with
how to erect a High Commission Court in Scotland by the King's Authority without Consent in Parliament for proceeding against such as would not submit to the Common-Prayer Book and Canons enjoined by the King and Bishops of Scotland and upon the 28th of February the Arch-bishop consecrated Dr. Manwaring Bishop of St. Davids a worthy Successor to so Saint-like and pious a Predecessor for this Bishoprick was Laud's first Preferment You have seen his Grace of Canterbury's Temper towards the King's Subjects now see how it was towards the King His Grace being as high as England could admit viz. Metropolitan and first Peer thereof would visit both Universities by his Metropolitan Right and not by Commission from the King and signified so much to both to which both answered That to admit it without a Warrant from the King was a Wrong to the Vniversities his Grace was Chancellour of Oxford and the Earl of Holland of Cambridg The Cause came to a hearing before the King and Council the 21st of June 1634 where the Attorney General Banks was for his Grace against the King Mr. Gardener the Recorder of London â—or Cambridg and Serjeant Thyn for Oxford the Cause was shortly this Both sides agreed in this that both Universities were of the King's Foundation and so might be visited as they had often been by Commission from the King But this would not do with his Grace he would to use his own Words visit by his own Right Serjeant Thyn urged against this the King's Foundation of the University of Oxford and that never any Arch-bishop so visited But the Recorder could not say so of Cambridg which happened upon this Occasion In the Reign of Richard the Wickliff's Doctrine prevailed much in both Universities and Arundel then Arch-bishop of Canterbury as zealous to suppress the Wicklevites as Laud was the Puritans to suppress them did visit Jure Metropolitano but Oxford opposed him forti Manu Upon this Arundel appeals to the King who being a weak Prince and as zealous for the then Church as King Charles was for Laud's declares the Right to be in the Bishop so did Henry the 4th the Current running against Wickliff which was after confirmed in Parliament but Cambridg was not in it Yet never before did any Arch-bishop visit Oxford nor Cambridg since the Year 1404 Jure Metropolitano as his Grace would do and so the Cause went for the Arch-bishop Plum'd thus in his own Feathers all black and white without one borrowed from Caesar whereby the more he assumes to himself the less he leaves the King he now soars higher the Bishops of the Province of Canterbury in their own Names enjoin the Removal of the Communion Table in the Parish-Churches and Universities from the Body of the Church or Chancel to the East of the Chancel and cause Rails to be set about the Table and refuse to administer the Sacrament to such as shall not come up to the Rails and receive it kneeling that the Book of Sports on Sundays be read in Churches and enjoin Adoration I do not find that Adoration was ever enjoined before nor any of the fore-named Injunctions in any Canon of the Church sure I am they were never publickly put in Execution so that whether these were any of the Canons of the Church or not was not understood by one of 10000 and the Lecturers Chaplains and School-masters who had no Maintenance from the Church being principally struck at by these Injunctions make all the sinister and worst Constructions they could invent against them so that though those Injunctions had been founded in the Canons of the Church yet the contrary was believed and so had the same Effect as if they had not been founded in the Church-Canons Here I cannot omit one Passage That several were deprived by the Bishop's Authority for refusing to read the Book of Sports on Sunday Whereas King James the 2d allowed the seven Bishops a legal Trial for refusing to enjoin the Clergy to read his Declaration for Liberty of Conscience and the Bishops were acquitted That the Legality of these Proceedings might be manifest a Proclamation was issued out that it was the Opinion of the Judges that the Act of the 1 Edw. 6. 2. which ordains that Bishops should hold their Ecclesiastical Courts in the King's Name or by Commission from him was repealed by the 1st of Queen Mary though this Act was repealed by the 1 Jac. 25. and so the Act 1 Edw. 6. 2. was revived and so resolved upon a full Debate in Parliament 7 Jacobi The Thunder of those Canons the terrible and unheard of Execution of them in the Star-Chamber against all Opposers by Speech or Writing so terrified the Puritans which would not submit that incredible Numbers of them left the Kingdom to inhabit in foreign Plantations especially in New-England where these Ecclesiastical Canons could not well play upon them But to restrain the further Evasion of them the King by Proclamation the 30th of April 1638 stops all the Ports of England to keep them in it The Reason was no doubt that they might be better instructed in the Doctrine and Discipline of the Church of England here than elsewhere But Ship-Money notwithstanding my Lord Keeper Coventry's Charge to the Judges last Year that in their Circuits they should give Charge how justly the King required Ship-Money for the common Defence and with what Alacrity and Chearfulness they the Subjects are bound in Duty to contribute yet this did not pass-for true Doctrine with all for Mr. Hambden upon Advice with Holborn St. John and Whitlock denied the Payment whereupon several other Gentlemen refused also Hereupon the King was advised by the Lord Chief Justice Finch to require the Opinion of his Judges which he did in a Letter to them and after much Solicitation by the Chief Justice promising Preferment to some and highly threatning others whom he found doubting he got from them in Answer to the King's Letter and Case their Opinion in these Words We are of Opinion that when the Good and Safety of the Kingdom in general is concerned and the whole Kingdom in danger you may by your Writ under the Great Seal of England command all your Subjects of this your Kingdom at their Charge to provide and furnish such number of Ships with Men Victuals and Ammunition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from Peril and Danger And that your Majesty may compel the doing thereof in case of Refusal or Refractoriness And we are also of Opinion that in such Case your Majesty is sole Judg both of the Danger and when and how the same is to be prevented and avoided This Opinion was signed by Davenport Denham Hutton Croke Trevor Bramston Finch Vernon Berkly Crawley and Weston See Whitlock ' s Memoirs f. 24. The King having previously extorted the Judges Opinions exparte gave order for the Proceedings against Mr. Hambden in the
Exchequer where he pleaded and the King's Counsel demurring the Point in Law came to be argued on both sides Mr. Whitlock has a remarkable Passage of Judg Croke concerning his Opinion in the Case of which he speaks knowingly viz. that the Judg was resolved to give his Judgment for the King and to that end had prepared his Argument yet a few Days before he was to argue upon some Discourse with some of his nearest Relations and most serious Thoughts of the Business and being heartned thereto by his Lady who was a good and pious Woman told her Husband upon this Occasion That she hoped he would do nothing against his Conscience for fear of any Danger or Prejudice to him or his Family and that she was content to suffer Want or any Misery with him rather than be an Occasion for him to do or say any thing against his Conscience or Judgment Upon these and many the like Incouragements but chiefly upon better thoughts he suddenly altered his Purpose and Arguments and when it came to his turn contrary to Expectation he argued and declared his Opinion against the King and so did Judg Hutton after however the rest of the Judges gave their Opinions against Mr. Hambden However the King this Year to sweeten the Judges Opinion for levying Ship-Money set out a Navy of sixty Men of War to disturb the Dutch Fishing on the Coasts of England and Scotland under the Command of the Earl of Northumberland who seized and sunk several of the Dutch Busses whereupon they sued to the King for leave to fish promising to pay an Acknowledgment of 30000 l. per Annum But this ill agreed with the King's Reason for levying Ship-Money which was that Pirats infested our Coasts to the indangering the Safety of the Nation See William de Britaine f. 16 17. But if the Dutch were thus bold upon our Coasts by the Liberty granted them by Hugo Grotius they were much bolder in the East-Indies where they stile themselves Soveraigns of all the Seas in the World for Anno 1620 they seized upon two Ships of the English called the Bear and the Star in the Straits of Mallaca going to China and confiscated Ships and Goods valued at 150000 l. I suppose Grotius could not give a like Instance of any Dutch Ships so used for passing through the Channel and last Year viz. 1635 an English Ship called the Bona Esperanza going towards China by the Straits of Mallaca was violently assaulted by three Dutch Men of War the Master and many of the Men killed and the Ship brought into Mallaca and there the Ship and Goods were confiscate valued at 150000 l. and this very Year the Dragon and Katherine two English Ships of Sir William Courten valued at 300000 l. besides the Commanders and others who had great Estates in them were set upon by seven Dutch Men of War as they past the Straits of Mallaca from China and by them taken the Men tied back to back and thrown over-board the Goods taken out of the Ships which were sunk and seized for the State The State and Church of England thus established in Doctrine and Discipline the Arch-bishop's next Care was to have the same in Scotland and herein he was so absolute that the King told the Marquess Hamilton when he was his Commissioner in Scotland that the Arch-bishop was the only English-man he entrusted in the Ecclesiastical Affairs in Scotland and no Care need be had of the Church of Ireland since my Lord Viscount Wentworth was Lieutenant there who to all Intents pursued the Arch-bishop's Instructions Here let 's see how the Church stood in Scotland before the Arch-bishop undertook to reform it James the 5th of Scotland died the 13th of December 1542 leaving only one Daughter Mary but five Days old by Mary of Lorain his Wife Sister to Francis Duke of Guise and Charles Cardinal of Lorain two the most powerful Princes in France after King Henry the 2d and the most zealously addicted to the Popish Religion After the King's Death Cardinal Beaton got a Priest Henry Balfour to forge the King's Will whereby the Cardinal the Earls of Huntley Argile and Murray were to have the Government during the Queen's Minority but the Nobility not believing it chose the Earl of Arran Governour and Henry the King of England desiring to unite the Kingdoms by marrying his Son Edward with the Infant-Queen sent a solemn Embassy to the Governour and Council of Scotland to consent to this Marriage which was done only the Queen Dowager and the Cardinal dissenting and this was confirm'd by the Parliament convened at Edinburgh the 13th of March following Yet the Queen-Mother and Cardinal got the Queen to be married to Francis the Dauphin Son of Henry the 2d of France In this Parliament the Scots were permitted to read the Scripture in the English Tongue till the Prelates should publish one more correct But in the Year 1559 the Scots began their Reformation in Religion at Perth the intervening Accidents of the Scots Endeavours to reform and the Opposition by the Regent the Cardinal and the Prelates you may read in Bishop Spotswood's History of the Church of Scotland and Sir Melvil's Memoirs To suppress the Progress of this Reformation the Queen-Mother who was Regent calls in an Army and Navy of French to oppose them The Reformers call in an Army and Navy of English the English Fleet fire the French Ships in their Harbour and compel the French to leave Scotland and in 1560 the Queen Regent died leaving Scotland in a kind of Interregnum In August following a Parliament convened at Edinburgh by a Warrant from the King and Queen wherein the Mass and Popery were suppressed and the Reformation of the Kirk of Scotland in Doctrine and Discipline established but the King and Queen now of France as well as Scotland refused to confirm either nor was this Kirk-Doctrine and Discipline confirmed till the Queen was deposed and Murray made Regent in 1567. The Reformation was purely after the Mode of Calvin and Church of Geneva a Common-Prayer was ordained not strictly to be observed but as a Pattern of Prayer In it were ordained four sorts of Assemblies viz. National Provincial Weekly Meetings of Ministers and the Eldership of every Parish Superintendents were likewise established whose Office was to visit the Kirk within limited Places these had Power to cite and deprive Ministers but must be assisted by some grave Ministers next adjoining as also to ordain Ministers But the Hierarchy of the Church of Scotland as they were esteemed one of the States in Parliament was not then nor after taken away by Parliament nor their Power of Ordination and Visiting within their Diocesses yet in Visitation and Ordination the Superintendents had a concurring Power with the Bishops and the Bishops were subject to be cited and proceeded against for Scandal neglect of their Office Symony c. by the General Assemblies This Reformation viz. 1581 was subscribed by
Fleet and an Army in readiness to compel the Covenanters to Obedience but not to consent to the calling of a Parliament or General Assembly till the Covenant be given up that now his Crown and Reputation for ever lies at stake that he had rather suffer the first which time would help than the last which is irreparable that the Explanation of the damnable Covenant makes him to have no more Power than a Duke of Venice which he will rather die than submit to Yet without dying he did submit to the Revocation of the Service-Book Canons High-Commission and the Articles of Perth forsakes the Bishops and by a Proclamation Sept. 22 1638 commands the Covenant to be subscribed by the Privy-Council and all his Scotish Subjects but this would not content the Covenanters because it came not from a General Assembly and because the Band of mutual Defence was not in the Proclamation Having gone thus far there was no going back and the King's Army and Navy was not yet ready the King therefore indicts a General Assembly to be held the 21st of November 1638 at Glasgow and a Parliament to meet at Edinburgh the 15th of May following The General Assembly met accordingly but the Marquess and the Assembly were at Variance about the Elections and Votes of the Lay-Elders and the Bishops sitting in the Assembly and the Votes of the King's Assessors in it But what the Marquess would have the Covenanters would not whereupon the Marquess on the 28th dissolves the Assembly upon Penalty of High-Treason The Covenanters and General Assembly protest against this Dissolution and sit notwithstanding yet profess all Duty and Obedience to the King in its due Line and Course which in plain English is They 'll do what they will and if the King will do what they would have him they will be obedient Subjects And in this Session they depose and excommunicate all the Bishops of Scotland To this State within less than two Years has his Grace of Canterbury brought the Church of Scotland and a terrible Cloud hangs over that of England whereby his Grace will have the Glory of becoming a Martyr in it Weston Earl of Portland died in the Year 1634 and Dr. Juxton Bishop of London was made Lord-Treasurer by whose prudent Management it 's said that in less than five Years he had lodged 900000 l. in the Exchequer and now the King had raised an Army of about 20000 Horse and Foot made the Earl of Arundel General Lord Viscount Wentworth Lieutenant-General and Earl of Holland General of the Horse and had fitted up a Navy with 5000 Land-Men commanded by Marquess Hamilton to compel the Scots to their Obedience and marches at the Head of this Army himself It was time for the Scots were up in Arms too had seized the Regalia at Dalkeith and brought them to Edinburgh taken Dumbarton and routed the Scots who took the King's part at Aberdeen which they likewise took This King 's good Nature never more appeared than in his Necessities so that when he came to York by Proclamation he recall'd 31 Monopolies and Patents formerly granted by him he not before understanding how grievous they were to his Subjects The Scots that the English might have no Jealousy of an Invasion had resolved not to come within ten Miles of the Borders with their Army When the King came to Berwick the Earl of Holland made two vain and inconsiderate Incursions into Scotland and upon the Approach of the Scots retreated and these were the only Actions of this War by the English Upon the Retreat of the Earl the English Army was contemned by the Scots who advanced to the Borders and pitched their Tents in sight of the English before any notice was given of their Motion this raised a Murmur all over the English Army where Provisions were not only scant but their Bread and Biscake mouldy nor was there any prospect of a further Supply However the Scots propose a Treaty of Accommodation which the King's Necessities compell'd him to submit to which being made the Terms you may read in Rushworth's and Franklin's Collections the King disbands his Army and withdraws his Navy this was all the Scots cared for for the Treaty being upon equivocal Terms the Scots were resolved to make their own Interpretation and stand by it and to that purpose hold Correspondence with the French King and stile him Au Roy and also with the discontented in England and buy Arms and Ammunition at Bremen and Hamburg To forment these Jealousies and propagate the Popish Interest Cardinal Richlieu employs one Chamboy or Chamberlain in Scotland and Con or Cunaeus his own Chaplain in England whose chief Confidents were the Earl of Arundel General of the King's Army and his Countess Sir Francis Windebank Principal Secretary of State Sir Toby Mathews Endymion Porter English and one Read and Maxwel Scots See this at large in Rushworth's Collections fol. 1318 1319 1320 1321 to 1326. This Year my Lord-Keeper Coventry died and Sir John Finch Chief-Justice of the Common-Pleas was made Lord-keeper of the Great Seal no doubt for promoting the Legality of Ship-money and enlarging the Bounds of the Forests The Cloud rising so thick in the North presaged a Storm which to dissipate the King summons a Parliament to meet the 23d of April 1640. the Arch-bishop and the Earl of Strafford giving out according to the Advice which Sir Robert Cotton gave the Duke of Buckingham that they were the first Movers of it At the opening of this Parliament the King lays before them his Necessities for Money in the first place as he had done in all the three Parliaments before and that Delay was all one with a Denial and communicates to them the Covenanters Letter to the French King imploring his Assistance But the House of Commons having found the Effects of giving Money before Grievances were redrest both in the 18th of his Father's Reign and in the first of his began at Grievances now multiplied by the Additions of Ship-Money breaking the Bounds of the Forests and Monopolies multiplied without end the Arbitrary Power of the Star-Chamber and High-Commission against those who opposed the Proceedings of the Innovations brought into the Church and the Imprisonment and unheard-of Censures of their Members for their Proceedings in the House last Parliament so that instead of enjoying any Benefit by the Petition of Right the Church and State was in a manifold worse State than before they had now found by Experience that no Laws or Judgments in Parliament could bind the King's Prerogative but that he would act quite contrary as in the Cases of Mountague and Manwaring c. and how could the Parliament rely upon his Royal Word which he would upon all occasions give when they found no Assurance in any Law nor so many Declarations of his observing them However the Commons upon the 2d of May resolved to take care of supplying the King upon the 4th when Sir Henry Vane
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
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
Queen Regent of Spain upon the French Irruption into the Spanish Netherlands in 1667 having made Peace with Portugal and Col. Fitz-Gerald an Irish Papist Major-General The Business of this Army was as the Vogue went That since the French King could not get that part of Holland which was drencht by Fresh Water to souse it with Salt Water by cutting down their Sea-Banks but Point Homo For the Dutch Mob astonished and confounded with the Loss of their Country by Land and opposed by Two the most Powerful Kings in the whole World by Sea in a Rage assassinated the Two De Witts Cornelius and John as the Betrayers of their Country and the Causers of this War and depose the States who they thought were of the Lovestein or De Witts Faction and restore the Prince of Orange now in the first Year of his coming to age to the Command of his Ancestors and make Monsieur Fagell Pensioner of Holland The Prince being the King's Nephew and having never offended him raised an Expectation in the People and Fear in the French King that the King would not suffer the Prince to fall into a worse State than the De Witts intended by suffering the French to conquer Holland whereby the Prince's Authority must needs be swallowed up This the French King foresaw and therefore to obviate it the French King was the first who made Application to the Prince and proposed to him the making him Soveraign of the Vnited Provinces under the Protection of England and France such a Protection was never heard of before But the French King knew how to deal with his Brother of England It 's admirable to consider that notwithstanding the Conquest by the French of the other Provinces and the Desolation of Holland and the long Prejudices even from his Cradle against him by the Lovestein Faction this Generous Prince in his most florid and ambitious Age should out of his vertuous innate Love to his Country stand so firm to it that his Answers were That he would never betray a Trust reposed in him nor sell the Liberties of his Country which his Ancestors had so long defended and God so blest him herein But out of these Ruins shall this limited Prince arise and put a check to the boundless and arbitrary Ambition of this designing French Universal Monarch as his Ancestors before had to the Spanish The King it seems could not but see that whilst he got nothing but blows by Sea the French got all by Land and therefore sent the Duke of Buckingham my Lords Arlington and Hallifax to the French King keeping his Court at Vtrecht but with Instructions as secret and dark as those of making the War These when they came into Holland were informed of the French Designs and the King's Answer to their Deputies was viz. That the King might treat as he pleased but that what the French King had got was his own and that what he should get he would not restore without an Equivalent Which raised such an Indignation in them that nothing would serve their turn but destroying at least mastering the French Fleet And in this Humour they went to the Prince of Orange and promised the same and engaged to their utmost to bring the French King to be satisfied with Mastricht and of keeping Garisons in the Towns upon the Rhine belonging to the Electors of Brandenburgh and Cologn From Holland Two of these proceed to the French Court at Vtrecht where the French Air changed their Minds they left in Holland and about Four Days after sent word to the Prince of Orange that the States must give Satisfaction to both Kings jointly and that neither would treat separately upon which the Prince desired to know what the Kings joint and respective Demands were and of the new Agreement made by them so contrary to their Promise to the Prince and States Whereupon Mr. Secretary Trevor makes these Queries 1. Whether they were sent to promote the French Conquest If not why by making the Peace impossible as far as in them lay would they force the Dutch to submit to the French Dominion 2. Whether they did not know that the French Demands alone had been rejected by the States and that the granting of them would make it impossible for the Dutch to give the King any Satisfaction 3. Whether having received from the Prince and States all imaginable Assurances of their Designs to return to the King's Amity and to purchase it at any Rate they could they could faithfully neglect these and enter into a new Engagement so prejudicial to England 4. How far those who were joined in Commission did concur in their Judgment and whether these Considerations with many others were not represented to them and urged by some who desired to serve the King faithfully 5. Whether or no it was for that Reason they opposed to fiercely my Lord Viscount Hallifax's whom came a Day or two after them Appearing and Acting jointly with them tho in the same Commission with them in as ample a Manner as themselves 6. Who were those who after my Lord Hallifax could be kept out no longer went privately to the French Camp under Pretences and had Negotiations of their own on foot 7. Whether they had order to call the French King King of France and to name him before their Master as well in the French Demands as of his Majesty's in all their Agreements which they sent to the Prince of Orange 8. Whether they had Instructions to stand in the Behalf of the French upon the Publick Exercise of the Roman Catholick Religion in the Vnited Provinces the Churches to be divided to the Roman Priests to be maintained out of the Publick Revenue And to bind the King's Hands so that the French King may be sure of his Bargain these Plenipotentiaries Two of them agreed with the French that the King should not treat nor conclude a Peace with the Dutch without them But the French King shall find no more Security herein than the Dutch and Spaniard did in the King 's joining in the Triple League For the Support of this holy Catholick Design stood my Lord Treasurer Clifford and a new Band of Parliament-Pensioners never before heard of in England at Board and Wages but these being a kind of Land-Privateers are to tax the Country to pay themselves and to do whatsoever shall be commanded or no Purchase no Pay In this state of Affairs the Parliament met again the 4th of February 1671 â— when the Commons like Men coming out of a drowzy Lethargy began to consider the dangerous state of the Nation and the dangerous Consequences of the severe Prosecution of Protestant Dissenters by provoking them to join with the Popish and therefore tho they question'd the King's Declaration of Indulgence and no Money was like to be had unless he recall'd it yet upon the 14th of February the Commons resolved Nemiâ—â— contradicente That a Bill be brought in for the Ease
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
Strangeness of the Discovery of Prance by Bedlow who had never but once seen Prance before and that by Candle-light and in a Peruke should yet upon the first Sight of him know him again without Peruke the other is the Clearness of Sir Godfrey's being murdered and the Body's being in Somerset-house upon Monday after the Murder the Saturday before and from hence it was that Prance became an Evidence in this Discovery Now let 's see how things stood upon the Meeting of the Parliament upon the 21st of October 1678 both abroad and at home And herein both Houses were as warm in Enquiry into them as the Court was cold It was but in January before that the Parliament had given the King 1200000 l. for carrying on a War against France in Conjunction with the Dutch and their Allies and upon their Meeting they found a treacherous separate Peace made by a Faction of the Dutch with the French and upon French Terms wherein the King had taken Money of the French to join with this Dutch Faction in it Besides the King's Guards which he might encrease as he pleased as well as keep up those he had there was now another Army raised which now it was of no further Use abroad they dreaded as much as they did the French Arms now he had subdued the Confederates by the Dutch Disjunction from them and the Discovery of the Popish Plot carried on at home whilst these things were thus agitated abroad was to them a Demonstration the same Councils which governed abroad did so at home And if the Parliament were thus amazed at their Sitting it was no way lessened when as they found that in this very Month no less than 57 Commissions were discovered for raising Soldiers granted to several Romish Recusants with Warrants to muster without taking the Oaths of Allegiance and Supremacy and the Test countersigned by Sir J. W. Secretary of State whereupon the Commons committed him to the Tower yet the King next Day discharged him with a Reprimand to the Commons but upon the Commons Address to the King about it the King as before in his Declarations of Indulgence promised to recal them However the Commons appointed a secret Committee to enquire to the Bottom of the Popish Plot who having made some Progress in it upon Friday the 1st of November came to this Resolution Nemine contradicente That upon the Evidence that has already appeared to this House this House is of Opinion That there hath been and still is a damnable hellish Plot contrived and carried on by Popish Recusants for assassinating and murdering the King subverting the Government and rooting out and destroying the Protestant Religion Which being the same Day communicated to the Lords they unanimously and readily concurred with the Commons in it and upon the 5th the Commons impeached the Earl of Powis the Viscount Stafford and the Lords Arundel of Warder Petre and Bellasis of High Treason The Commons having proceeded thus far in searching into the Popish Plot upon the 27th of November proceeded in their next Fear of the Army raised and now indeed in Flanders where the French Army raged after the Dutch had made their separate Peace without Opposition and the English Army only a Burden to the Country and of no Use to restrain the French Ravages and Voted 1. That it is necessary for the Safety of his Majesty's Person and preserving the Peace of the Government That all the Forces which have been raised since the 29th of September 1677 and all others which have been since that time brought over from beyond Seas from foreign Service be forthwith disbanded 2. It is the humble Opinion of this House That the Forces which are now in Flanders may be immediately called over in order to their disbanding 3. That the House would to Morrow Morning resolve it self into a Committee of the whole House to consider the Manner of disbanding the Army The five Popish Lords had been impeached by the Commons about a Fortnight and no Articles exhibited against them when the King gave the Commons an Account that he had given Order for seizing Mr. Mountague's Papers upon Information that he had held several Correspondences whilst he was Ambassador in France with the Pope's Nuncio without any Direction or Order of his Majesty But Mr. Mountague the same Day produced two Letters from my Lord Treasurer whilst he was Ambassador in France which being read the House resolved to impeach the Treasurer and the same Day ordered a Committee to draw up Articles against him which on Saturday the Committee did and on Monday following impeached the Treasurer upon them whereas the Commons had not yet exhibited any against the Popish Lords This was upon the 23d of December But if the Treasurer was constant to himself I do not understand how the Commons Impeachment of him in the 4th Article could consist with the King's Displeasure against him for the quite contrary viz. That he suppressed the Evidences and reproachfully discountenanced the King's Witnesses in Discovery of the Popish Plot And Sir William Temple says pag. 391. That the Treasurer was fallen into the King's Displeasure for bringing the Popish Plot into Parliament against the King's absolute Command However the Parliament granted the King 693388 l. to disband the Army and also an Additional Duty upon Wines for 3 Years but no more Money being like to come this Sessions upon Monday the 30th of December he prorogued the Parliament to the 4th of February next and then told them That it was with great Vnwillingness that he was come to tell them that he intended to prorogue them that all of them were Witnesses he had not been well used the Particulars of which he would acquaint them with at a more seasonable time but when will that be for he never saw them after In the mean time he would immediately enter upon the disbanding the Army and do what Good he could for the Kingdom and Safety of Religion and that he would prosecute the Discovery of the Popish Plot to find out the Instruments of it and take all the Care that is in his Power to secure the Protestant Religion as it is now established How well this was performed you 'll soon see and before the 4th of February he dissolved this Eighteen-year-old Parliament The Vogue went It was upon the Account of my Lord Treasurer tho I believe upon severer Thoughts it will seem rather to have been done upon the Account of the Popish Lords and Popish Plot. These Feuds in the Nation and Jealousies between the King and Parliament stifled the Apprehensions of the dreadful growing Power of the French King and made fair Weather for him to prosecute his boundless Ambition without any Regard of his Faith or Honour where-ever he could extend it Never did one Parliament succeed another so early as the next did this long Parliament for the King by his Proclamation dissolved the Long Parliament upon the 25th of