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A43890 The history and transactions of the English nation more especially by their representatives assembled in Parliament in the reign of King Charles, &c. ... : also the wonderful and most solemn manner and form of ratitifying [sic], confirming and pronouncing of that most dreadful curse and execration against the violaters and infringers of Magna Charta in the time of Henry the Third, King of England, &c / by a person of quality and true lover of his countrey. Person of quality and true lover of his countrey. 1689 (1689) Wing H2110; ESTC R12837 58,860 66

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I conceive it will not be unacceptable unto your Lordships if setting aside all Rhetorical affectations I only in plain Countrey language humbly pray your Lordships favour to include many excuses necessary to my many infirmities In this one word I am commanded by the Knights Citizens and Burgesses of the Commons House to present unto your Lordships their most affectionate Thanks for your ready condescending to this Conference which out of confidence in your great Wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upon this occasion The House of Commons by a fatal and universal concurrence of Complaints from all the Seabordering parts of this Kingdom did find a great and grievous interruption and stop of Trade and Traffick The base Pirates of Sally ignominiously infesting our Coasts taking our Ships and Goods and leading away the Subjects of this Kingdom into Barbarous Captivity while to our shame and hinderance of Commerce our Enemies did as it were Besiege our Ports and Block up our best Rivers Mouths our Friends on slight pretences made Embargoes of our Merchants Goods and every Nation upon the least occasion was ready to contemn and slight us So great was the apparent diminution of the ancient Honour of this Crown and once strong reputation of our Nation wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and everywhere by Sea and Land the Valours of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy in Scotland to say no more united Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the Second they called their Wifest the House of Austria as great and Potent and both strengthned with a Malicious League in France of persons ill-affected when the Low-Countries had no being yet by constant Councels and Old English ways even then that Spanish pride was cool'd that greatness of the House of Austria so formidable to us now was well resisted and to the United Provinces of the Low-Countries such a beginning growth and strength was given as gave us Honour over all the Christian World. The Commons therefore wondring at the evils which they suffered debating of the causes of them found they were many drawn like one Line to one Circumference of Decay of Trade and Strength of Honour and Reputation in this Kingdom which as in one Centre met in one great man the cause of all whom I am here to name the Duke of Buckingham Here Sir Dudley Diggs made a stand as wondring to see the Duke present yet he took the Roll and read the Preamble to the Charge with the Duke's Titles which I shall here for the Readers Satisfaction insert and so proceed For the speedy Redress of the great evils and mischiefs The Preamble to the Impeachment against the Duke of Buckingham and of the chief causes of those evils and mischiefs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honour and safety of our Soveraign Lord the King and of his Crown and Diguities and to the good and welfare of his People The Commons in this present Parliament by the Authority of our Soveraign Lord the King assembled do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of 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 Gascoin and Guyen General Governor of the Seas and Ships of the said Kingdoms Lieutenant-General Admiral Captain-General and Governor of his Majesties Royal Fleet and Armado lately set forth Master of the Horse of our Soveraign Lord the King Lord Warden Chancellor and Admiral of the Cinque-Ports and of the Members thereof Constable of Dover-Castle Justice in Eyre of all Forests and Chases on this side of the River of Trent Constable of the Castle of Windsor Lieutenant of Middlesex and Buckinghamshire Steward and Bayliff of Westminster Gentleman of his Majesties Bed-Chamber and one of his Majesties most Honourable Privy Council in his Realms both of England Scotland and Ireland and Knight of the most Noble Order of the Garter The Misdemeanors Misprisions Offences Crimes and other matters comprized in the Articles following And him the said Duke do Accuse and Impeach of the said Misdemeanors Misprisions Offences and Crimes And now my Lords This lofty Title of this mighty man methinks doth raise my Spirits to speak with a Paulo majora canamus and let it not displease your Lordships if for Foundation I compare the beautiful Structure and fair Composition of this Monarchy wherein we live to the great work of God viz. the World it self in which the solid Body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may well resemble us the Commons and as it is encompassed with Air and Fire and Spheres Celestial of Planets and a Firmament of fixed Stars all which receive their heat light and life from one great glorious Sun even like the King our Soveraign so that Firmament of fixed Stars I take to be your Lordships those Planets the great Officers of the Kingdom that pure Element of Fire the most Religious Zealous and Pious Clergy and the Reverend Judges Magistrates and Ministers of Law and Justice the Air wherein we breathe all which encompast round with cherishing comfort this Body of the Commons who truly labour for them all and though they be the Footstool and the lowest yet may well be said to be the setled Centre of the State. Now my Lords if that glorious Sun by his powerful Beams of Grace and Favour shall draw from the bowels of this Earth an Exhalation that shall fire and burn and shine out like a Star it needs not be marvell'd at if the poor Commons gaze and wonder at the Comet when they feel the effects and impute all to the corruptible matter thereof But if such an imperfect Meteor appear like that in the last Age in the Chair of Casiopea among the fixed Stars themselves where Aristotle and the old Philosophers conceived there was no place for such corruption The Meteor in 1680. is worth your observation upon this very account then as the learned Mathematicians were troubled to observe the irregular motions the prodigious magnitude and the ominous Prognosticks of that Meteor so the Commons when they see such a Blazing-Star in course so exorbitant in the affairs of this Common-wealth cannot but look up upon it and for want of Perspectives commend the nearer examination to your Lordships who may behold it
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 refusal 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 Hotton 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 same 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 sits 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 The
Brittain should be this Person of Quality here intimated and described in this most wonder ful and Antient Prophecy a Prediction I must needs Confess most proper for such wonderful times as we now live in would you not all unanimously and with loud Acclamations throw up your Caps and Beavers into the Air and cry Vive le Roy or Currat Lex vivat Rex And if so for my own part I should yet hope to see if it shall please my Gracious God to lend me a little longer time of health and strength many Halcyon and most happy days in the Land and Nation of my Nativity before I go away hence and shall be seen no more And that an happy union and good correspondence between his present Majesty and his future Parliaments without the least suspition or jealousie one of another may yet come to pass in our days I do most humbly beseech thy Divine Majesty who art the Lord God Almighty to grant for thy great names-sake and for thy Vicegerents sake and for his Peoples sake who are truly Loyal and obedient Subjects in and through thy most dear and well beloved Son the Lord Jesus Christ in whom thou art well pleased and whom by thy free grace goodness and most stupendious mercy and compassion to thy poor creatures is the Lord and giver of everlasting Life to all those who shall most faithfully and most sincerely though but imperfectly obey him And now to him with thy eternal Majesty who art King Immortal Invisible and only wise God by the assistance of thy holy and for ever blessed Spirit of Grace I do most humbly desire to render give and ascribe all honour glory laud and praise might Majesty reverential fear and all humble adoration from this time forth and for evermore Amen And now in the close of all Whereas in my Title-Page I have there intimated how Magna Charta was most solemnly and most wonderfully even to the astonishment of the Spectators ratified pronounced and proclaimed and therefore must not now leave you in the dark as to that particular but refer you to the Packet of Advice from Rome Number 50. the which in my slender apprehension deserves to be written in Letters of Gold upon the Walls of both Houses of Parliament And for your present and I hope pleasant satisfaction I have here inserted and presented you with the same at large HAving presented the Reader with the most remarkable Transactions of Papal Tyranny in Foreign Parts down to the year 1254 't is time to look homewards and observe Ecclesiastic Occurrences in England our last Discourse of that kind terminating with the death of King John to whom succeeded his Son Henry the third of that name for though by reason of the Fewds between John and his Barons they had invited over Lewis the French King's Son and many had to him sworn Allegiance yet the Father being dead and his faults buried with him they did not think fit to yield up themselves to the French Man's Yoak who already began to exercise an insufferable Tyranny wherever he had Power And although the Pope had at first encourag'd the Barons in their Rebellion yet when once he had hector'd King John into a Resignation of his Crown he became his Patron and forbad Lewis from intermedling with the Kingdom as being then forsooth part of S. Peter's Patrimony and therefore excommunicated Lewis for the Invasion which engag'd most of the Clergy to oppose him And so Henry on the 28th of October 1216. was Crown'd being then in the 10th year of his Age and Lewis being routed at Lincoln was glad to come to a Treaty quit his Pretensions and most dishonourably retreat into France Yet 't is observable that the Clergy were then such fast Friends to their Head the Pope and so little regardful of the Descent in the Right Line that they would not accept Henry for their King without making him first do Homage to the Holy Church of Rome and Pope Innocent for his Kingdoms of England and Ireland and swearing to pay the 1000 Marks per Annum which his Father had promised to that See. Matth. Paris fol. 278. And besides to bring Grists to the Roman Mill the Pope's Legate at that time in England immediately on the Departure of Prince Lewis sent his Inquisitors all over the Realm and whomsoever they would discover to have sided with him Consensu etiam Levissimo Though in the least degree must atone the Crime with a large Sum insomuch as the Bishop of Lincoln before he could be restored to his Bishoprick was forc'd to pay 1000 Marks to the Pope's use and 1000 to the Legate for the little Rogue would have snips in the prey with the great One and many other Bishops and Religious Men were glad to empty their Pockets to him at the same rate Matth. Paris fol. 218. In the year 1220. the Pope was pleased to make Hugh formerly Bishop of Lincoln a Saint and since the manner of his Vn-Holiness's declaring the same may be Divertive to the common English Reader I shall give you the very words of his Letter Translated as I find it in Matth. Paris fol. 298. Honorius Servant of the Servants of God to all our well-beloved Sons the Faithful of Christ that shall inspect these Presents Greeting and Apostolick Benediction The worthiness of Divine Piety does make famous his Holy Ones and Elect placed in the Bliss of the Celestial Kingdom by the shining forth of their Miracles still upon Earth that the Devotion of the Faithful being thereby stirred up may with due Veneration implore their Aid and Suffrages since therefore we are fully satisfied that the Bounty of Heaven hath illustrated Hugh Bishop of Lincoln as well in his Life as after his Death with a multitude of Famous Miracles We have thought fit to Enroll him in the Catalogue of Saints and admonish and exhort you all in the Lord That you devoutly implore his Patronage and Intercession for you with Almighty God farther Commanding That the day of his Decease be henceforwards every year devoutly Celebrated as a Holyday Dated at Viterbium the 13th Calend of March in the fourth year of our Popedom But how much a Saint soever he was we meet with another Bishop as very a Devil for about this time a Quarrel happening between Richard Bishop of Durham and the Monks of the same Church they complain'd of him to the Pope who seem'd much concern'd at his many horrid Crimes and presently sent over a Letter in these Terms Honorius Bishop c. to the Bishops of Salisbury Ely c. Greeting and Aposlolick Benediction It is fit for us to be so delighted in the sweet Savour of a good opinion of our Brethren and Fellow-Labourers as not to connive at Vices in those that are Pestilent since it becomes not us for the Reverence of the Order to bear with Sinners whose Guilt renders them as worthy of as many Deaths as they transinit Examples of
Perdition to those that are under them who are too apt to imitate only the Depravaties of their Superiours Hence it is that since things too far dissonant from Episcopal Honesty have very often been suggested unto us concerning our Venerable Brother the Bishop of Durham being moved with such repeated Complaints we cannot suffer the said Bishop to continue in his Enormities to the Destruction of many for we are inform'd That since he was advanced to the Office of a Bishop he has been guilty of Blood and Simony and Adultery and Sacriledge and Rapine and Perjury A pretty parcel of Vertues for a Bishop and somewhat different from those 1 Tim. 3. That he hath oppress'd Clerks and Orphans obstructed the Testaments of the deceased that he observes not the Statutes of the Ceneral Council nor ever preaches tho Word of God to the People 'T is a wonder that small fault was mentioned hath often sworn before many that the Church of Durham shall never have Peace as long as he lives That a Monk complaining to him that his Servants had drawn him our of a Church and beat him till the Blood came He answered It had been well if they had beat out his Brains c. We therefore that we may not be guilty of the faults of others if we should wink at such Offences since the Clamour thereof has ascended so that we can dissemble it no longer think it agreeable to our Office to go down and see whether these things be so or no Therefore by these our Apostolical Writings we Command you our Brethren to examine and enquire into the premises and report the same to us under Seal that we may Decree therein as God shall order Dated at Viterb c. You see the Pope can Cant and pretend great Zeal to correct the Criminal but pray observe the end on 't These Bishops being met to examine the Business the Bishop of Durham presently Appeals to the Pope in Person and then they could proceed no farther but away both he and the Monks his Adversaries must trudge to Rome whither he privately sent beforehand two of his Clerks with a good Sum of Money which so sweeten'd the Pope that he receiv'd him very kindly Et post multas coram Papa Altercationes Immoderatis profusis Expensis c. And after many Wranglings before the Pope and vast Expences both Bishop and Monks were sent back as wise and honest as they were to agree together as well as they could But that which was most memorable in this Kings Reign was an Act which tho' respecting the temporal Good of the Kingdom yet it being Transacted chiefly by the Clergy and with Ecclesiastical Ceremonies it may not be improper to insert it into this Work. The Reader must note That when K. Hen. III. was become 16 years old the Pope took upon himself for a small Spill privately sent him by some corrupt Courtiers to declare him of Age to Govern himself and therefore all Castles were to be render'd up into the Kings hands This prov'd the Rock of Offence whilst some obey'd the Pope and oppos'd those as Rebels that put more confidence in their Castles than in the Kings good nature or rather in that of his upstart Counsellors Hence first sprang a Civil Broyl thence want of Money then a Parliament wherein the Grand Charter of England's Liberties once more was exchanged for a Sum of Money For only upon condition of renewing the same would the Estates allow Supplies many Promises the King makes and after that Oaths yet no performance but pretends Wars in France in Scotland and against Infidels But still his people finding them all but pretences and ill success to attend all his Enterprizes refuse to supply him for the Holy War Then he seems penitent and pours out new promises to observe Magna Charta and Seals it with the most solemn Execration that is to be found in the Womb of Story and so punctually Recorded as if God would have all Generations to remember it as the Seal of the Covenant between the King of England and his people It was done in Parliament where the Lords Temporal and Spiritual Clergy men Knights c. all standing with Tapers in their hands burning the King himself also standing with a chearful Countenance holding his open hand upon his Breast the Archbishop of Canterbury pronounc'd this Curse as it is verbatim Recorded by Matth. Paris fol. 839. By the Authority of God Omnipotent of the Son and of the Holy Ghost and of the Glorious Mother of God the Virgin Mary and of the blessed Apostles Peter and Paul and of all other Apostles and of the Holy Martyr and Archbishop Thomas and of all the Martyrs and of the Blessed Edward King of England and of all Confessors and Virgins and of all the Saints of God We Excommunicate and Anathematize and Sequester from our our Holy Mother the Church all those which henceforth knowingly and Maliciously shall deprive or spoil the Church of her Right and all those that shall by any Art or Wit rashly violate diminish or change secretly or openly in Deed Word or Council by crossing in part or in whole those Ecclesiastical Liberties or ancient approved Customs of the Kingdom especially the Liberties and free Customs which are contained in the Charters of the Common Liberties of England and the Forrests granted by our Lord the King to the Archbishops Bishops Prelates Earls Barons Knights and Freeholders And all those who have published or being published have observed any Statutes Ordinances or thing against them or any thing therein contained or which have brought in any Customs to the contrary or observed them being brought in and all Writers of such Ordinances or Councils or Executioners and all such as shall presume to judge according to such Ordinances All and every such persons as are or at any time shall be knowingly guilty of any such matters shall ipso facto incur this Sentence and such as are ignorantly guilty shall inour the same if being admonish'd they within 15 days after amend not For everlasting Memory whereof we hereunto put our Seals Thus far the words of the Curse nor was the manner of pronouncing it less dreadful for immediately as soon as the Charters and this Sentence was read and sign'd they then all throwing down their Tapers extinguish'd and smoaking said So let all that go against this Curse be extinct and stink in Hell And the King having all the while continued in the posture before mentioned said So God me help I will observe all those things sincerely and faithfully as I am a man as I am a Christian as I am a Knight and as I am a King Crowned and Anointed Pare but away some few Superstitions and search the History of all Ages you will not find a parallel hereunto so seriously compos'd so solemnly pronounc'd with an Amen from the Representative Body of the whole Kingdom put in Writing under Seal preserv'd to Posterity and give me leave to add vindicated by God himself in the Ruine of so many Opposers for never has any Prince Favourite Councellor or corrupt Judge from that time to this endeavour'd to act contrary to the Essentials of the said great Charter but first or last it has crush'd them into Ruine or great Calamity Yet how little this King Henry regarded it I shall acquaint you in the very words of the Historian Soluto Concilio Rex Confestim pessimo usus Concilio omnia praedicta Cogitabat Infirmare c. The Grand Council or Parliament was no sooner broke up but the King following lewd and pernicious Council contrived how to weaken and undo it for 't was told him That he would not be King or at least not Lord and Master of England if all those Liberties should be observ'd as John his Father had experienc'd who rather chose to dye than thus to be shackled and trampled on by his Subjects And these Whisperers of the Devil Susurrones Satanae so honest Matth. calls them added You need not value it if you do break your Vows and incur this Curse for the Pope for an hundred or two of Pounds will Absolve you 'T is well enough that by signing the Confirmation of these Characters you have got a Tenth which will amount to many thousand Marks and if you will but give the Pope a little portion of it he will Absolve you even though the Curse be ratified by himself for he that has Power to Bind can Loose Thus by the villany of ill Ministers and the knavery of the Pope this Prince was led into Deceit Perjury Injustice and Tyranny to his own continual Trouble and the unspeakable Damage of the Realm And if this honest and well-intended Narrative either in the whole or in part shall be deemed necessary and convenient at this juncture of time for the present and future satisfaction either of Prince or People or shall contribute any thing towards a firm and solid Foundation and Establishment upon the true Basis of Universal Love Charity and good will among the many contesting Parties at this day in the midst of us for sine procul dubio we shall never be happy till that time be accomplished I have my desire FINIS