and Tests against Dissenters was any ways intended in favour of the Protestants for notwithstanding the Slaughter Jeffries had made of them in the West the rest all over England were imprisoned and forced to give Security for their good Behaviour Nay my Lord D. of Albermarle who had done the K. so signal Service in keeping the Devonshire Men from joining with the D. of Monmouth must be sent out of England to Jamaica and the Earl of Pembroke and others who had been so active in suppressing Monmouth were scarce thanked and but coldly entertained at Court If things were acted with this indeed bare-fac'd dissimulation in England they were not less in Ireland for the King having revoked the Duke of Ormond from his Lieutenancy and given Talbot an independent Commission to make such a reform of the Army there as is aforesaid made my Lord Clarendon Deputy-Lieutenant and Sir Charles Porter Chancellour who arrived there the 10th of January 1685-86 with a Charge to declare that the King would preserve the Acts of Settlement and Explanation inviolable and to assure all his Subjects he would preserve these Acts as the Magna Charta of Ireland but this Declaration compared with Talbot's reforming the Army in Ireland seemed as strange as that the King 's dispensing with the Penal Laws and Tests was in favour of the Protestant Dissenters in England In Scotland the King had so settled Affairs there when he was Commissioner that after the cutting off the Earl of Argyle he did not doubt to carry on his Designs more bare-fac'd there than in England or Ireland and therefore tho he did not call a Parliament till April 1686 yet in his Letter to them of the 12th he takes no Notice of the Protestant Dissenters but recommends to them his innocent Roman Catholick Subjects Who had with their Lives and Fortunes been always assistant to the Crown in the worst of Rebellions and Vsurpations tho they lay under Discouragements hardly to be named These he heartily recommended to their Care to the end that as they have given good Experience of their true Loyalty and peaceable Behaviour so by their Assistance they may have the Protection of his Laws and that Security under his Government which others of his Subjects had not suffering them to lie under Obligations which their Religion cannot admit of by doing whereof they will give a Demonstration of the Duty and Affection they had to him and do him most acceptable Service This Love he expected they would shew to their Brethren as they saw he was an indulgent Father to them all The King having settled his Prerogative in Westminster-Hall by dispensing with the Penal Laws and Tests in the Beginning of the Year 1686 granted a Commission of Ecclesiastical Affairs but it was not opened to act till the 3d of August following why it lay so long dormant I do not find but only guess that the King might the better settle his Dispensing Power in the Country by such Judges as he had made as well as in Westminster-Hall and that he might be more at leisure to carry on the Design for surrender of Charters wherein one Robert Brent a Roman Catholick was a prime Agent and great Care was taken that the beggarly Corporations might surrender their Charters and take new ones without paying Fees and if any should be so honest as to insist upon their Oaths and Trust reposed in them for Preservation of their Charters to be prosecuted as riotous and seditious Persons But in regard the Commission of Ecclesiastical Affairs was not printed that I can find nor is in the State Tracts I thought fit to insert it here as I had it in Manuscript from a learned Hand JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the most Reverend Father in God our Right Trusty and Right well-beloved Counsellor William Lord Arch-Bishop of Canterbury Primate of all England and Metropolitan and to Our Right Trusty and Right well-beloved Counsellor George Lord Jeffries Lord Chancellour of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Lawrence Earl of Rochester Lord High Treasurer of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Robert Earl of Sunderland President of Our Council and Our Principal Secretary of State and to the Right Reverend Father in God and Our Right Trusty and well-beloved Counsellor Nathaniel Lord Bishop of Duresme and to the Right Reverend Father in God Our Right Trusty and well-beloved Thomas Lord Bishop of Rochester and to our Right Trusty and well-beloved Counsellor Sir Edward Herbert Knight Chief Justice of the Pleas before us to be holden assigned Greeting We for divers good weighty and necessary Causes and Considerations Us hereunto especially moving of our meer Motion and certain Knowledg by force and virtue of Our Supream Authority and Prerogative Royal do assign name and authorize by these our Letters Patents under the Great Seal of England you the said Arch Bp of Canterbury Lord Chancellor of England Lord High Treasurer of England Lord President of Our Council Lord Bishop of Duresme Lord Bishop of Rochester and our Chief Justice aforesaid or any three or more of you whereof you the said Lord Chancellor to be one from time to time and at all times during our Pleasure to exercise use occupy and execute under us all manner of Jurisdiction Privileges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdictions within this our Realm of England and Dominion of Wales and to visit reform redress order correct and amend all such Abuses Offences Contempts and Enormities whatsoever which by the Spiritual or Ecclesiastical Laws of this Realm can or may be lawfully reformed ordered redressed corrected restrained or amended to the Pleasure of Almighty God and encrease of Vertue and the Conservation of the Peace and Unity of this Realm And we do hereby give and grant unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one thus by Us named assigned authorized and appointed by force of Our Supream Authority and Prerogative Royal full Power and Authority from time to time and at all times during Our Pleasure under us to exercise use and execute all the Premises according to the Tenour and Effect of these our Letters Patents any Matter or Cause to the contrary in any wise notwithstanding And We do by these Presents give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one by all lawful Ways or Means from time to time hereafter during Our Pleasure to enquire of all Offences Contempts Transgressions and Misdemeanours done and commited contrary to the Ecclesiastical Laws of this Our Realm in any County City Borough or other Place or Places exempt or not exempt within this our Realm of England
Particulars not in General Did you ever know the King's Message to a Bill of Subsidies all succeeding Kings will say You must trust me as well as you did my Predecessors and trust my Messages but Messages never came into a Parliament Let us put up a Petition of â—â—ight not that I distrust the King but that I cannot take his Trust but in a Parliamentary way Hereupon the Commons desired a Conference with the Lords which was managed by Sir Edward Coke who said My Lords it is evident what necessity there is both in respect of your selves and your Posterity to have good Success in this Business we have acquainted your Lordships with the Reasons and Arguments and after we have had some Conference we have received from your Lordships Propositions and it behoves us to give your Lordships some Reasons why you have not heard from us before now for in the mean time as we were consulting this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just Freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we shall find much Confidence in his Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever Subjects have done in former times 5. That whether we think fit either by Bill or otherways to go on in this great Business his Majesty would be pleased to give way tâ— it These gracious Messages did so work upon our Affections that we have taken it into deep Consideration My Lords what we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way would be our most secure way nay yours We did think it the safest way to go on in a Parliamentary Course for we have a Maxim in the House of Commons and written in the Wall of our House That old Ways are the safest and surest Ways And at last we did fail upon that which we think if your Lordships did consent with us the most antient of all and that is my Lords the Via fausta both to his Majesty to your Lordships and to our selves For my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis That is a high Point of Honour but this must be done by the Lords and Commons and assented to by the King in Parliament This is the greatest Obligation of all and this is for the King's Honour and our Safety Therefore my Lords we have drawn the Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous Consent of all the Commons and there is great reason your Lordships should do so for your Lordships be involved in the same Danger and then the Petition was read Upon the 20th of May the King wrote a Letter to the House of Lords wherein he said That as he had given leave to free Debates upon the highest Points of his Prerogative Royal which in the times of his Predecessors were ever restrained as Matters they would not have discussed yet he finds it insisted upon that in no Cause whatsoever he and his Council could commit without Cause shewed which if granted would dissolve the Frame of the Monarchy That as he had made fair Propositions to the Commons which might easily preserve the Liberty of the Subject so he thought good to let their Lordships know that without the overthrow of the Soveraignty he could not suffer his Power to be impeached yet that he will extend it beyond the just Rule of Moderation c. which he thought good to signify the rather to shorten the long Debates upon this great Question the Season of the Year being so far advanced and his great Occasions of State not lending many more days for the continuance of the Session The same day the Lords communicated the Letter to the Commons upon which Sir Thomas Wentworth said it was a Letter of Grace but the People will only like that which is done in a Parliamentary way and the Debate upon it would take up much time neither was it directed to the Commons and the Petition of â—ight would clear all Mistakes for some give out as if the House weâ—â— to pinch the King's Prerogative and so the Letter was laid aside These were while the Petition was in debate and before it was agâ—â—ed to by both Houses but after it was agreed upon the second of June the King came into the House of Lords and having sent for the Commons said Gentlemen I Am come hither to perform my Duty I think no Man can think it long since I have not taken so many days in answering your Petition as you have spent Weeks in framing it I am come hither to shew you that as well in formal Things as in essential I desire to give you as much Content as in me lies Then the Lord Keeper said MY Lords and ye the Knights Citizens and Burgesses of the House of Commons the King hath commanded me to say unto you That he takes it in good part that in Consideration of settling your own Liberties ye have generally professed in both Houses that ye have no intention to lessen or diminish his Majesty's Prerogative wherein as ye have cleared your Intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are most equal and known to be so These cannot be in a more happy State than when your Liberties shall be an Ornament and Strength of his Majesty's Prerogative and his Prerogative a Defence of your Liberties in which his Majesty doubts not but that both he and you shall take a mutual Comfort hereafter and for his part he is resolved to give an Example in using his Power for the Preservation of your Liberties that hereafter you shall have no cause to complain and that they here read their own Petition and his Majesty's gracious Answer Then the Petition was read to which the King answered The King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due Execution that his Subjects may have no cause to complain of any Wrong or Oppressions contrary to their just Rights and Liberties to the Preservation of which he holds himself in Conscience as well obliged as of his Prerogative This Answer no ways satisfied the Commons whereupon Sir John Elliot made a pathetick and lively Representation of the Grievances of the Nation within and of the Danger and Weakness of it by the Mismanagement and Abuse of the King's Ministers and therefore wished that it might so stand with the Wisdom and Judgment of the House that these Dangers and Grievances
Provision made for him The 6th is That if a Corporation maintain a Lecturer that he be not permitted to preach till he take care of Souls within the Corporation How this can be I don't understand unless the Lectuâ—er have a concurring or distinct Power from the Incumbent The 7th is That none but Noble-men and Men qualified by law may keep Chaplains Yet in your Religious Care you take no care how otherways they may subsist The 8th is That Emanuel and Sydney Colleges in Cambridg which are the Nurseries of Puritanism may be from time to time furnished with Grave and Orthodox Men for their Governors viz. Such as shall do the Arminian Work without any regard to the Statutes of the College All these Considerations must be taken for Acts of the Church of England and a Neglect or Breach of them sufficient for an Information in the High Commission where he is assured he shall shortly judg and therefore his Majesty in the 9th Consideration 〈◊〉 to countenance the High Commission by the Presence of some of the Privy-Council at least so often as any Cause of Moment is to be settled The 10th Consideration is That Course may be taken that the Judges may not send so many Prohibitions Which if they do from any of his Censures in the High Commission he will proceed against them by Excommunication Thus you see this Icarus is not only content to take a Flight out of his Diocess but over the whole Provinces of York and Canterbury in Ecclesiastical Affairs and extends it as he pleases over the Civil These were the Seeds which this Bishop planted while he was Bishop of London you may be sure he 'll reap a good Crop now he 's become Metropolitan of all England During the time of his being Bishop of London he was look'd upon as the Rising Sun which the flattering Students in both Universities worshipped but after he became Arch-Bishop the Learning of both Universities were Brawls about Arminian Tenents in the Schools and Sermons The Arminians treating their Opponents with all taunting and reproaching Terms and if their Opponents retorted they were had up into the High Commission where the Arch-Bishop presided assisted by his Ecclesiastical Judges and Ministers of the Prerogative Court and some of his Majesty's Privy-Council but I do not read of one cited for maintaining Arminian Tenents It 's scarce credible how the Business of this Court the Star-Chamber and Council-Table swelled and what cruel and unheard of Censures were made especially in the Star-Chamber against all sorts of People who did offend either against the King's Prerogative Royal or the Arch-bishop's Injunctions which must be obeyed as Articles of the Church of England The Thunder of them was not restrained within the Bounds of England but terrified almost all Scotland who were bitter Enemies to Arminianism At this time of day the Court-Bishops disclaimed all Jurisdiction from the King in Bastwick's Censure who was to pay 1000 l. Fine to be excommunicated debarr'd of his Practice of Physick his Books to be burnt and his Person imprisoned till he made a Reclamation and all this for maintaining the King's Prerogative against the Papacy See Whitlock's Memoirs The Bounds of England were too narrow to restrain this Man's Ambition and therefore before he had been two Months Arch-bishop viz. the 8th of October 1633. he advised the King 〈◊〉 make a Reformation in the Church of Scotland not by Confeâ—â— in Parliament but by his Prerogative Royal the Beginning 〈◊〉 this Reformation must begin at the King's Chappel Royal wheâ— the English Service the Surplice and the receiving the Sacramentâ— is enjoined and that the Lords of the Privy Council the Lord of the Sessions and the Advocate Clerks Writers to the Privâ— Signet and Members of the College of Justice be commandeâ— to receive the Sacrament once every Year in the said Chappeâ— and the Dean to report to the King who does or who does 〈◊〉 obey and the Arch-bishop had a Warrant from the King to 〈◊〉 Correspondence with the Bishop of Dunblane and to communicate to him his Majesty's farther Pleasure herein And so we leave the Affairs of the Church here for a while and see how Affairs stood in the State since the Dissolution of the last Parliament In the last Parliament among many famous Members Sir Thomas Wentworth and Mr. Noy excelled Sir Thomas for his admired Parts and natural and easy Elocution Noy as a most profound Lawyer both zealous Patriots for the Rights and Liberties of the Subject And upon the 12th of February 1628. when the Debates for granting Tunnage and Poundage to the King was in the House of Commons Mr. Noy argued We cannot safely give unless we be in Possession and the Proceedings in the Exchequer be nullified as also the Information in the Star-Chamber and the Annexion to the Petition of Right for it will not be a Gift but a Confirmation neither will I give without the Removal of these Interruptions and a Declaration in the Bill that the King has no Right but by our free Gift if it will not be accepted as it is fit for us to give we cannot help it if it be the King 's already we do not give it So that these two must be reckoned among those Vipers which the King declared at the Dissolution of the Parliament and must look for their Reward of Punishment The Reward of Punishment which these two Vipers had was that Sir Thomas Wentworth was made Lord President of the North and Mr. Noy Attorney General Sir Thomas strained the Jurisdiction so high that it proved the Ruin of the Court and the Rise of the Fame of Mr. Edward Hâ—de after Chancellour of England for the Speech he made in 1641 against the Abuses committed in it whilst Sir Thomas was President and Noy now he is become Attorney is become the most intimate Confident of the Arch-bishop and as forward in Informations in the Star-Chamber High Commission and Council-Table as Sir Robert Heath was who is made Chief Justice in the Common Pleas to make room for Noy to be Attorney General But while the King was erecting this new Principality over his Subjects which none of his Ancestors or Predecessors before his Father and himself ever pretended to in England it 's fit to look a little abroad and see how the Case stood there The Dutch the next Year after that his Father had given up the Cautionary Towns which Queen Elizabeth kept and delivered up to him by her Death well knowing the Poverty of King James and the ill Terms between the King and his Subjects took the Boldness to fish upon the Coasts of England and Scotland with their Busses and other Vessels guarded by Men of War in Defiance of him and now Grotius no doubt set on work by some of his Country-men perceiving how intent King Charles was in erecting his new Dominion over his Subjects that he became careless of all his Foreign Affairs took the Impudence to
the Kingdoms of England and Ireland and the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoign and Guienne General Governor of the Seas and Ships of the Kingdom Master of the Horse to the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members of the same Constable of Dover-Castle Justice in Eyre of all the Forests and Chases on this side of Trent Constable of the Castle of Windsor Gentleman of his Majesty's Bed-Chamber one of his Majesty's most Honourable Privy-Council in his Realms of England Scotland and Ireland and Knight of the most Honourable Order of the Garter But tho all others worshipped this prodigious Favourite yet Arch-bishop Abbot a Prelate of Primitive Sanctity and Integrity would not flatter neither the King nor his Favourite in their Courses so dangerous to the Church and State and dishonourable to the King and tho in Disgrace he wrote this following Letter to the King which you may read in Rushworth fol. 85. May it please your Majesty M I Have been too long silent and am afraid by my Silence I have neglected the Duty of the Place it has pleased God to call me unto and your Majesty to place me in But now I humbly crave leave I may discharge my Conscience towards God and my Duty to your Majesty and therefore freely to give me leave to deliver my self and then let your Majesty do what you please Your Majesty hath propounded a Toleration of Religion I beseech you to take into your Consideration what that Act is what the Consequence may be By your Act you labour to set up the most Damnable and Heretical Doctrine of the Church of Rome the Whore of Babylon How hateful will it be to God and grievous to your Subjects the Professors of the Gospel that your Majesty who hath so often and learnedly disputed and written against those Heresies should now shew your self a Patron of those wicked Doctrines which your Pen hath to the World and your Conscience tells your self are superstitious idolatrous and detestable and hereto I add what you have done by sending the Prince into Spain without the Consent of your Council the Privity or Approbation of your People and altho you have a Charge and Interest in the Prince as the Son of your Flesh yet the People have a greater as Son of the Kingdom upon whom next after your Majesty are their Eyes fixed and their Welfare depends and so tenderly is his going apprehended as I believe however his Return may be safe yet the Drawers of him into this Action so dangerous to himself so desperate to the Kingdom will not pass away unquestion'd and unpunished Besides the Toleration which you endeavour to set up by your Proclamation cannot be without a Parliament unless your Majesty will let your Subjects see that you will take to your self the Ability to throw down the Laws of the Land at your Pleasure What dread Consequence these things may draw afterwards I beseech your Majesty to consider and above all lest by this Toleration and discountenancing the true Profession of the Gospel wherewith God hath blest us and this Kingdom hath so long flourished under it your Majesty doth not draw upon this Kingdom in general and your self in particular God's Wrath and Indignation I have heard my Father say that King James kept a Fool called Archy if he were not more Knave whom the Courtiers when the King was at any time thoughtful or serious would bring in with his antick Gestures and Sayings to put him out of it In one of these Modes of the King in comes Archy and tells the King he must change Caps with him Why says the King Why who replies Archy sent the Prince into Spain But what said the King wilt thou say if the Prince comes back again Why then said Archy I will take my Cap from thy Head and send it to the King of Spain which was said troubled the King sore But if we look back into Spain we shall see things of another Complection than when Buckingham came into it For now he is disgusted he put the Prince quite out of the Match as that tho all things were agreed upon the coming of the Dispensation from Rome so as King James said all the Devils in Hell could not break the Match yet his Disciple and Scholar could tho the Duke had certified the King the Match was brought to a happy Conclusion and the Match publickly declar'd in Spain and the Prince permitted Access to the Infanta in the Presence of the King and the Infanta was generally stiled the Princess of England and in England a Chappel was building for her at St. James's and the King had prepared a Fleet to fetch her into England which only proved to bring back his Son How things especially actuated by Love should stay here may seem strange yet such an Ascendant had Buckingham over the Prince that the Affront put upon him Buckingham must quite deface the Prince's vowed Love and Affection to the Infanta but how to prevail with King James to comply might have an appearance of some Difficulty since the King had set his Rest upon it and had quarelled with the Parliament and dissolv'd them in great Anger and Fury for but mentioning it After the Duke had gained the Prince to break or at least not to observe the Conditions of the Treaty of the Marriage with the Infanta so solemnly sworn to by both the Kings and the Prince let 's now see how he behaved himself to King James afterwards but this will be better understood if we look back and see how things stood before the Prince's and Duke's Arrival in Spain The Prince's going into Spain was not only kept secret from King James ' s Council but from my Lord Keeper Williams tho the King confided in his Abilities above all the other of his Council but when it had taken vent the King asked the Keeper what he thought Whether the Knight Errant's Pilgrimage meaning the Prince's would prove lucky to win the Spanish Lady and to convey her shortly into England Sir answered my Lord Keeper If my Lord Marquess will give Honour to Conde Duke Olivares and remember he is the Favourite of Spain or if Olivares will shew honourable Civility to my Lord Marquess remembring he is a Favourite of England the Wooing may be prosperous but if my Lord Marquess should forget where he is and not stoop to Olivares or if Olivares forgetting what Guest he hath received with the Prince bear himself haughtily and like a Castilian to my Lord Marquess the Provocation may be dangerous to cross your Majesty's good Intentions and I pray God that either one or both do not run into that Error The Answer of the Keeper took such Impression upon the King that he asked the Keeper if he had wrote to his Son and the