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A51589 Mvltvm in parvo, aut vox veritatis wherein the principles, practices, and transactions of the English nation, but more especially and in particular by their representatives assembled in Parliament anno Domini 1640, 1641 : as also, 1681 are most faithfully and impartially examined, collected, and compared together for the present seasonable use, benefit and information of the publick : as also the wonderful and most solemn manner and form of ratifying, confirming and pronouncing of that most dreadful curse and execration against the violators and infringers of Magna Charta in the time of Henry the Third, King of England, &c. ... / by Theophilus Rationalis ... Rationalis, Theophilus. 1681 (1681) Wing M3061; ESTC R32098 64,306 68

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To this he answered That whatsoever was said or done by him in that place and at that time was performed by him as a publick Man and a Member of that House and that he was and ever will be ready to give an account of his Sayings and Doings in that place whenever he should be called unto it by that House where as he taketh it he is only to be questioned and in the mean time being now but a private man he would not now trouble himself to remember what he said or did in that place as a publick Man Sir Miles Hobart was also questioned for locking the Parliament House Door and putting the Key in his Pocket to which he pleaded the Command of the House The other Gentlemen were questioned for reproving the Speaker and not permitting him to do that the King commanded him who all alledged in defence the Priviledg of the House After this they were committed some to the Tower and some to the Gatehouse and some to the Fleet And May the first the Attorney sent a Process out against them to appear in the Star-Chamber and to answer an information to be entred there against them but they refused as denying the Jurisdiction of that Court over offences done in Parliament which created the greatest and longest Controversie in Law that had been started in many years April the tenth Anno Domini 1630 dyed William Earl of Pembroke Lord High Steward of England of an Apoplexy He was the very Picture and vive Effigies of Nobility His Character His Person rather Majestick than Elegant his presence whether quiet or in motion full of stately gravity his mind generous and purely heroick often stout but never disloyal so vehement an opponent of the Spaniard as when that Match fell under consideration he would sometimes rowze even to the trepidation of King James yet kept in favour still for that King knew well enough that plain dealing was a Jewel in all men so in a Privy Councellor was an ornamental duty and the same true-heartedness commended him to King Charles with whom he kept a most admirable Correspondence and yet stood the firm confident of the Commonalty and not by a sneaking cunning but by an erect and generous prudence such as rendred him unsuspected of Ambition on the one side or of Faction on the other This universality of Affection made his loss most deplorable but men are lost when all turns to forgotten-dust That affection would not that he should be so nonpluss'd but kept his noble Fame emergent and alose and if this History shall bear it up I shall esteem it not more his felicity than my own April the twenty fifth of this year was Arraigned Convicted Anno 1631. Condemned and on May the fourteenth Executed upon Tower-Hill Mervin Lord Audley Earl of Castle-Haven for Rape and Sodomy In England fell two great Favourites of different parties Anno 1634. of the Commonalties one and of the Kings another Of the Commonalties Sir Edward Coke who died about the latter end of this Summer Sir Edward Coke departeth this life full of days he died most whereof he had spent in eminent place and honour His abilities in the Common Law whereof he passed for an Oracle raised him first to the dignity of Attorney-General to Queen Elizabeth Then of Lord Chief Justice of the Kings-Bench under King James His advancement he lost the same way he got it viz. by his Tongue so rare it is for a man very eloquent not to be over loquent long lived he in that retirement to which Court-Indignation had remitted him yet was not his recess inglorious for at improving a disgrace to the best advantage he was so excellent as King James said of him he was like a Cat throw her which way you will she will light upon her feet And finding a Cloud at Court he made sure of fair weather in the Country applying himself so devoutly to popular Interests as in succeeding Parliaments the Prerogative felt him as her ablest so her most active Opponent upon which account he was 1 Caroli made High Sheriff of Buckinghamshire on purpose to exclude him the ensuing Parliament there being an especial Nolumus and clause in his Commission prohibiting his Election not withstanding which Elected he was in Norfolk and those words of Restraint upon the debate of the Question in the House of Commons Voted void On the Kings the Great Lord Treasurer Sir Richard Weston Sir Richard Weston Lord Treasurer of England dieth Earl of Portland this year and he almost expiring together he ending this life March the thirteenth a sad loss to the King and the sadder because he thought it irreparable The truth is he was a Person very able for the Office and the Exchequer was in the mending hand while he enjoyed that place for he had a most singular Artifice both in improving the incomes and in a frugal moderation of his Masters expence But the Kings forrow was not so extreme for him but the Peoples joy was full as great for there was now grown so sad an antipathy between his Majesty and his Subjects that like those two Emperors Antonine and Geta they were always of contrary Senses and Minds rarely agreeing in any one particular The deportment whereby he so much disobliged the Commonalty was his promoting Monopolies and other advantages of Regality The Archbishop and he were usually at great odds this vacant place was at present entrusted to Commissioners until the King should otherwise dispose thereof September the 29th the Earl of Arundel brought up to London out of Shropshire one Robert Parr as the wonder of our times for long life he having attained to the age of near 160 and probably might have continued longer had not so tedious a journey and over-violent agitation of his aged Body accellerated his end so that it may be said he sacrificed some years to others curiosity In Michaelmas-Term was canvassed and debated the grand Controversie between the King and Subject about Ship-Money Anno 1635. The great Debate about Ship-money for the Ship-Writs having been issued out August the 11 to divers Counties many Inhabitants and among the rest Mr. Hambden of Buckingham-shire assessed by the Sheriff made default of payment whereupon the King equally hating to be either flattered into or frighted from the belief of its Legality wrote a Letter to the Judges demanding their Opinions upon the case stated To which the Judges delivered their Opinions as followeth May it please your most Excellent Majesty WE have according to your Majesties Command severally and every Man by himself and all of us together taken into our serious consideration the Case and Questions signed by your Majesty and inclosed in your Letter And we are of opinion That when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Your Majesty may by Writ under your Great Seal of England Command all the
Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as your Majesty shall think fit for the defence and safeguard of the Kingdom from such peril and danger and that by Law your Majesty may compel the doing thereof in case of refulsal or refractoriness And we are also of opinion That in such case your Majesty is the sole Judg both of the danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hatton William Jones George Crook Thomas Trever George Vernon Robert Barkley Francis Crauly Richard Weston These Opinions being subscribed by all the Judges and inrolled in all the Courts in Westminster-Hall the King thought he had now warrant sufficient to proceed against all defaulters and especially against Mr. Hambden who being summoned by process appeared and required Oyer of the Ship-Writs which being read he demurred in Law and demanded the Opinion of all the Judges upon the Legal sufficiency of those Writs This great Case coming to be argued in the Exchequer the Major part of the Judges delivered their Opinions in favour of the Writs and accordingly gave Judgment against Mr. Hambden yet did not the question altogether so repose but Mr. Hambden observing some Judges viz. Crook and Hatton of a contrary sense held up the Contest still though all in vain all his inquietude not gaining him the least acquittal until an higher Power interposed About the beginning of January this year Anno 1639. Sir Thomas Coventry dyeth dyed Sir Thomas Coventry Lord-Keeper of the Great Seal of England a Dignity he had Fifteen years enjoyed if it be not more proper to say That Dignity had enjoyed him so long this latter affording not one every way of more apt qualifications for the place His front and presence bespake a venerable regard not inferior to that of any of his Ancestors His train and suit of followers was disposed agreeably to shun both envy and contempt not like that of the Viscount St. Albans or the Bishop of Lincoln whom he succeeded ambitious and vain His port was State their 's Ostentation they were indeed the more knowng men but their Learning was extravagant to their Office of what concerned his Place he knew well enough and which is the main acted according to his knowledg for in the administration of Justice he was so erect and so incorrupt as captious malice stands mute in the blemish of his fame a miracle the greater when we consider that he was also a Privy Councellor A Trust wherein he served his Master the King most faithfully and the more faithfully because of all those Councils which in those times did so much deceive his Majesty and I pray God there were fewer at this juncture of time than there is he was an earnest disswader and did much disaffect those Sticklers who rather laboured to make the Prerogative tall and great as knowing that such men loved the King better than Charles Stuart so that although he was a Courtier and had for his Master a passion most intense yet had he also always of passion some reserve for the publick welfare An Argument of a free noble and right principled mind for what both Court and Country have always held as inconsistent is in truth erroneous and no man can be truly Loyal who is not also a good Patriot nor any a good Patriot the Ballance indispensably ought to be kept even who is not truly Loyal To this worthy Gentleman succeeded Sir John Finch formerly Lord Chief Justice of the Common Pleas. The Heer Somerdick An Embassador from the States of Holland Embassador from the States of Holland in the Month of January had Audience of the King He had with him Count William of Nassaw and the Rhine-Grave with a very splendid train his business was to give his Majesty satisfaction concerning the late Attack made upon the Spaniards by the Dutch Fleet in the Downs and the Embassy was sweetned by some overture of Marriage between the young Prince of Orange and the Kings Eldest Daughter On the Thirteenth of April A Parliament fits in England after near 12 years interval April 1640. A Parliament met and sate and the Deputy of Ireland being not long before Created Earl of Strafford and made Lord Lieutenant of that Kingdom was lead into the upper House by two Noblemen where he gave an account of his service in Ireland where he had obtained the grant of four Subsidies for the maintenance of an Army Mr. John Glanvil was chosen Speaker of the House of Commons and generally the choice of Members to that House was so good that great probabilitles were given of a happy Union betwixt the King and the Parliament Some few days after a Report was made to the Lords by the Lord Cottington who with Windebank and the Attorney General were sent by the King to the Lord Lowden to examine him concerning a Letter before mentioned that the Lord did acknowledge the Hand-Writing to be his and that it was framed before the pacification at Berwick and was never sent to the King but only prepared in a readiness should need require and that it was supprest upon that pacification nevertheless it was thought fit he should continue in the same state until clearer Evidence should be given either for or against him Soon after the King sent a message to the Lower House about Supplies representing unto them the intolerable indignities and injuries wherewith the Scots had treated him and withal declared unto them that if they would assist him sutable to the exigency of his sad occasion he would for ever quit his claim of Shipmoney and into the bargain give them full content in all their just demands But they replied as being somewhat deliberate in this affair of Money that they expected first security from his Majesty in these three particulars viz. 1. For the clearing the Subjects Property 2. For the Establishment of Religion 3. For the Priviledg of Parliament Many Conferences there was had between the Lords and Commons as to this old Contest which should precede The Lords after a strong division among themselves at length Voted for the King and the Commons for the Subject But it was not long before this unhappy difference was unhappily decided For Secretary Vane who was employed to declare the particulars of the Kings desires required twelve Subsidies whereas it was said his express order was for only six some there are who suspect this mistake to have been not involuntary but industrious in him as to his Majesties service but leaving that undetermined the House of Commons was raised by this Proposition to such animosity as the King advising with his Juncto The Parliament dissolved May the fifth 1640. having sate about 3 weeks their complyance was represented to him so desperate as that May the fifth he ordered the Dissolution of