prefer him to a Deanary of Windsor and for better support with the Mastership of the Savoy This vext Count Gondomore the Spanish Lieger who intending to tempt him as the Devil does his creatures with a bosom sin that which they love had intelligence of his innate disposition to avarice with this he tampers afar off and with leave of his Master invites him to turn again from this so mean allowance and take preferment in the Conclave to be Spain's Pensioner there as almost all are with this assurance of the Cardinal's Cap he was cozened into the Court of Inquisition and so to the Gaol where he ended his days with grief and died a Protestant Professor in malice to the Papist or rather of no Religion The late sudden Murther aforesaid of Henry 4. of France left the Sovereignty to Lewis his Son and his minority to be supported by his Mothers Regency and she in miscarriage through too much affection to her Favourite the Marques D' Ancre a mechanical Florentine her Countreyman occasioned the Princes of the Bloud to seek their freedom by force which lasted not long after their several imprisonments for the quarrel rising high and D' Ancre busied abroad they plotted their business by a bold Captain of the Gens d' Arms De Vitry and effected upon Ancre's person with a single Pistol at the instant when he returned to the Pallace the Loure in Paris and his Corps had no other Balm for their Burial than his own bloud being dragg'd about the City by the Peoples rage till the dis-jointed limbs were left for Ravens King Lewis was young and engaged before in his Mothers quarrel but this accident taking fire as the Princes would have it soon won their weak Sovereign on their party and in policy perforce he owned the Action as the most convenient Iustice for quieting the Differences and so the Government taking hold on this occasion turn'd to the other side and had the better of the Queens Faction she being afterwards led up and down the King's Army under oversight as a Prisoner but shew'd to the People as if reconciled to her Son the chief Mover having paid the account upon the execution of his person This for the present which lasted by fits for some years as her Faction took breath untill that excellent Engeneer of State-policy Cardinal Richelieu had put her into a jealousie of her own safety at home and so opened a Gap whereby as in stealth she might get loose out of the Kingdom but Sovereigns leaving their Subjects are seldom sent for again and after much turmoil and tampering with several States and Italian tricks she ended her days very poor in Germany in the City of Collen And Richelieu succesfull in all his policies settled that Nation to his death in their due submission to Sovereignty which broke out afterwards Anno 1652. into like examples of former miseries The blessings of Peace and Plenty enthroning this King resolved him for a leasurely Expedition into Scotland in the opening of the last Spring which was not performed this Summer season partly to make good his promise when he took leave of his native Countrey to give them a Visit after some time of settlement in his new Inheritance And in some policy it was hastened now to be out of the way of address from the Emissaries of the French that unstable State now in the height of diffension whilest King Iames and his Court were thus refreshed from affairs and business here in as much prudence and splendour as the consideration of this Journey was necessary to the Design which our Historian with his Pasquil observations spends in ridiculous Riot But it was indeed by his presence to warm those cold Countreys with the beams of Majesty and with his precepts to warn that rebellious Nation of their feuds by example of their old French friends fresh miseries to settle the spirits of the factious Presbytery in obedience to Episcopal Hierarchy to pass some Bills and Acts of Parliament to regulate the exacting powers of some Officers in trust to give grace to the humble and content to all And forthwith a Proclamation was advised in Scotland and there published of the Kings Solomon like instinct to visit that Kingdom and therein gave them assurance not to alter the Civil and Ecclesiastical Estate but by reforming abuses in Church and Common-wealth and advised them to all accommodations to bid him and his welcome These directions were accompanied with others of State and amongst them for repairing and orderly adorning his Chapel and Officers sent out of England with necessaries and some Portraits and Pictures of the Apostles carved for the Pews and Stalls but the People exclame at such sights That Images were to be set up The Organs were come before and after comes Mass. The King was angry at their ignorance and sent them word to distinguish betwixt Pictures intended for Ornament and Decoration and Images erected for Worship and Adoration Resembling such men to the Constable of Castile who being to swear the Peace concluded with Spain and to be performed in the Kings Chapel where some Anthems were to be sung desired that Gods Name might not be used therein otherwise he would be content with any thing else So the Scots Kirk can endure Dogs Bears and Bulls nay Devils dressings to be figured in Churches but not the Patriarchs nor Apostles He come to Berwick in May and there it was advised to prorogue the Parliament to Iune 13. which gave the King time to progress through the Countrey making his entry in the special Burghs and Towns after the most magnificent manner and welcomed with all the expressions of cost and glory that ever that poor Nation had been put unto that some effects might seem to make good the Scots Rants of their gude Countrey And because it hath been since surmized that nothing was acted there in order to the service of that Nation we shall trouble the Reader with some particulars The King enters their Parliament with Rules for establishing Religion and Iustice and a regard to the Ministers of both for notwithstanding the many years Profession of Reformation numbers of Churches remained unplanted and those that were wanted maintenance advising that Commissioners might regulate a local stipend to each Minister He remembred them of his continual care and pains heretofore and since for placing Iustices and Constables to preserve the Peace and execute Laws which he said had been neglected by some by the small regard shewed unto them from others of higher rank But as he would have them know such Officers to be of honourable esteem so none could deserve better at his hands than those that countenanced them and those others Enemies to the Crown and quiet of the Kingdom That he had long endeavoured to civilize men from their barbarous customs having made some progress by remove of the persons or by extinct of their Feuds and in place
â—tab him but to add more strength his right foot was somewhat raised from the ground when instantly the King cryed Hold hold casting his Truncheon to part them Whereaâ— le Force nimbly leapt up without hurt The King being willing to preserve le Forces life â—ot with any good affection for he supposed him guilty but for the future examination of Conâ—â—deracy Yet he adjudged him â—anquished which the Defendant â—tterly denied and craved Iudgement of the Conâ—table and Marshal who had a preâ—â—y way to save the Kings honour and yet to do Justice Their sentence therefore was that le Force should be prostrate to the fatal stroke as before and the Apellant with all his former advantage and form of postures and so they did When le Foâ—â—e with nimble strength liâ—ted up Blanch his right foot which 〈◊〉 him down skipt up 〈◊〉 and stab'd the other to the Heart And forthwith kâ—eeled to the King told him That 〈◊〉 the Assistance of his Patron Saint the merit of 〈…〉 event of thâ— legal Trâ—al which he in Honoâ—r would not refâ—se Yet for more satisfaction to his Majesty he produced six sufficient witnesses attending in the Field whom he preserved upon all events and who cleered him However the King quarrelled with the Constabâ—e and Marâ—â—all for declining his Sentence being Supream which they humbly denyed The King being a Party in case of Treason or Felony cannot be judge in Lands and Honour he may This diâ—tinction in those times of Treason was taken for Reason But though these Combatings are rarely now in Example yet have we taken up Private Duells the more frequent sometimes for Right but inâ—oâ—â—erably too often for Honour as we term it Certainly to use the Sword in a private 〈…〉 party must be a tempting of God and an 〈◊〉 Tryal though we read two of them in Scripture The challenge of Goliah which David undertook The inveterate quarrel of Ioab and Abner in the Interests of their several Masters David and â—â—hbosheth perforâ—ed by twelve on either pâ—â—t singly the Challengers had the worst It was commonly imitated by some Gallant in the Head of an Army in France and Holland or by Parties but the wise William of Nassaâ— at the siege and loss of Breda after Briote was so slain forbid it any more to be done during his life In how ill condition is that righteous cause which must be concluded by the Sharp Force and Fencing for Saint Bernard saies That he that conquers Mortaliter pecâ—at he that is slain aeternaliter perit The difference of the evil is the Challenger hath in it more provocation It hath been held lawful for a man slandered by an unjust Accuser to vindicate himself by his own Sword But It destroyes Iustice and Robs God of his Revenge Ordinary and Common Challenges upon what ground soever being willingly refused and yet by the Adversary therefore proclaimed base and cowardise may diminish the offence of acceptation but concludes him deeply guilty by Gods Laws The Plea of Conscience ought to suppress the Fancy of any Fighter The result is thus To answer the Challenge let a Man provide to be daily armed and if he be set upon God and his Cause willdefend his Life and Honour To make a bargain of bloodshed is damnable and the intention though both escape is murther The Council of Trent excommunicated all persons whatsoever none exempt with loss of Lands and Christian burial But Bothwell who causeth this Digression being rid of the Combat flies and was pursued to ship-board but got to sea turned Pyrate about Orknay Morton at his own charge set out several Ships to take him Grange was Admiral and almost surprized him yet he escaped in a light Pinace over a crag of the Sea which grazed on the Sands but the pursuers stuck fast and were saved by their Cock-boat and Bothwell got into Denmark was there suspected examined and imprisoned Earl Murray having with much seeming unwillingness in August accepted the Protector-ship which he long thirsted after Summons a Parliament in December In which the Resignation Coronation Regency and the Queens Imprisonment were confirmed And forthwith accompanied with the Conspirators repairs to the Imprisoned Queen at Loch-leven Mortons Castle She besought him with tears to protect the young King to govern with a good conscience and to spare her Life and Reputation Then to colour his Villany he executes divers for being present at the Late Kings murther But they protested at the Gallowes that Murray himself and Morton were the Authors cleered the Queen and so did Bothwel Prisoner then in Denmark and so to his dying day That she was not privy nor consenting And fourteen years after when Morton was executed therefore he confest That he moved that the Queen might be made a Party therein but Bothwel refused And thus the Government not so secure but factions increased envy to the Regent hatred to Religion and duty to the Queen now Bothwell was gone Metallan and Tylliburn the Hamiltons Arguile and Huntley join together And Beaton Arch-bishop of Glosgow now Lieger for the Queen in France with much secrecy gave them hopes of Men and Money Her cruel Imprisonment forces her escape by means of George Dowglass brother to the Governour of the Castle being oft times trusted with the Keys to let in and out the Queens women And in the disguise of one of them she got out and he and Tylliburn rowed her over the Lake and with a dozen horse men convayed her that night to Hiddery the next day increasing to five hundred horse with the Lord Seaton and Hamiltons they came to Hamilton Castle and because this Design was her last which she acted in Scotland we have searched out the truth from several Relators as followeth The Regent Protector now at Glasgow and pleasing the people with seeming Justice to settle them was now himself to seek for Protection Some advised him to Sterlin where the King was but Dowglas opposed protesting to do as Boyd had done who was gone to the Queen with intention as he perswaded them to act Husha's part for he returned a message to Murray To do them better service with Her Morton and Simple advised the same to stay at Glasgow for safety consisted in sceleriâ—y the Queens liberty would soon gain the People and the more remote the more affectionate to her Their own strength was the Towns-men and as Enemies to Hamilton the Surer their faith to them Cunningham and Simples potent Neighbours Lennox and the Kings party many and the Earl of Mars forces not far off to whom Messengers are posted round about The Lord Hume came with six hundred Horse and so conceived themselves four thousand strong sufficient to dare the Enemy The Queen was gotten head of six thousand and conâ—iding in this advantage of number she purposed to withdraw her person for safety into Dunbarton Castle and so to mannage the war with expedition or lingring at pleasure Mâ—rray guessing at
curtesie of Speech not de jure nor have privilege as Lords of Parliament and these are the Son and Heir of a Duke called an Earl his eldest Son a Baron but not in Pleadings and so of Daughters stiled Ladies by curtesie onely On Saint Iames his day in Iuly the King and Queen were crowned at Westminster in that fatal Chair of Sovereigns anointing in it remains a large blackish Stone Jacob's Pillow say the Scots in his Ladder Dream of the Messias from his Loins and indeed so ceremonious he was then that he sacrificed thereon naming it Domus Dei and in his Return from Laban forgat not thereon to pay his Vows in which esteem he conveyed it with his Râ—licks in his general remove to Egypt but from thence the Israelites flying in haste and pursued they it seems left thâ—s Monument behinde and one Gathelus wedded to Pharaoh's Daughter though a stranger observant of the Hebrews Rites transported it to Galicia of his name Port-Gathelick thence by his Seed carried into Ireland so by Ferguard sent to Penthland or Scotland crowning their Kings thereon And Edward 3. brought it from thence Even then when grave Bards did sing that ancient Saw Ni fallat fatum Scoti hunc quocunque locatum Inveniunt Lapidem regnare tenentur ibidem The Scots sall bruke that Ream as Naitiff Grund Gif Wierds fail nocht quhair eir this Chair is fund Another very ancient Post Iacobum Iacobus Iacobum Iacobus quoque quintus At sextus Iacobus Regno regnabit utroque After a James sall be a James a third James and a fourth A fifth James also but the sixth sall sway the Scepters both These are no conceits commonly made up ere half-molded for they were read many Ages before he or his abortive Book were born And with his Crown he taketh Oath To keep and maintain the Right and Liberties of the Church and shall keep all the Lands Honours and Dignities righteous and free of the Crown of England and the Rights of the Crown decayed and lost he shall call again to his power into the ancient Estate shall keep the peace of the Church of the Clergy and People and do Equity and Iustice with discretion and mercy shall hold the Laws and Customs of the Realm and the evil Laws put out to establish peace to the People and no Charter to grant but by Oath Abridgment Henry 8. Statutes This Ceremony ended there were 24. Knights of the Bath invested who were received into White-hall in the evening and supped together in one Room sitting by degrees with their Escocheons of their proper Arms placed above their Heads they were lodged upon Pallats on the floor under their Arms after they had been bathed in several Baths provided in Chambers the next morning they were apparelled in Hermits weeds and marshalled into Saint James's Park with loud Musick and the Heralds going before and so about the Courts of White-hall and then into the Chapel with their Reverence before the Altar-table and the Cloath of Estate as at St Georges Feast they take their places in stalls theirs Arms above and hear Service Then each Knight with his two Esquires offered at the Altar Pieces of Gold and so retired in the former manner to their Chambers and then adorned themselves with Robes of Crimson Taffata with Hats and white Feathers and so were conducted to the King into the Presence-chamber under the Cloath of State who girt each of them with a Sword and had gilt Spurs put on their Heels dined together and so to the Even-Song at the Chapel where they offered their Swords The next day in Robes of Purple Sattin with Doctors Hoods on their shoulders Hats with white Feathers and so feasted again and lodged that night as before and the next day departed They are dignified and distinguished from other Knights by a Medall of three Crowns of Gold which is hanging at a Red Ribband which they should wear about their necks during their life These Knights are commonly Youths of the Sons of Noblemen or Nobless So now the King is established with all the Rites of Coâ—firmation in Honour and Love of his People and may be ranked in competition with the most for the Western Monarchy which had been hotly pursued by Henry 8. in opposition to France and Spain about whose time the House of Austria settled into that Design And because we have left the King in joyfull solemnity let us step aside out of the Court jollity and seriously consider the cunning contrivances of neighbour Kings heretofore for Imperial domination It was set on work by union of Mariage in Charles the Grand-Child of Maximilian the Emperour of the House of Austria and of Ferdinand of Spain who being heir to them both inherited also the Netherland Arragon Castile Scicile and the Indies 1503. And because Lewis of France as great in power stood in Competition the other therefore sought to Master it by cunning inter-marriage with Charles and his daughter Claud which was no sooner contracted but as sodainly crackt and He affianced to Mary the Daughter of Henry the seventh of England and to whose sonne Arthur Ferdinand had married Katherin his youngest daughter 1506. This double union with England encourages the other to break with France but Arthurs death and his father soon following and they still afraid of France clap up a fresh match with the widdow Katherin and Henry the eighth and a Bull subdated the Popes death dispensed with it 1510. Henry the eighth left rich by his father young and active is put upon quarrels with France that either Kingdoms might spend themselves in War as they did in wonderfull designes To whose assistance the other interpose with either party and with inconstancy as the necessity of State-Interest intervened But upon Maximilians death the Emperial Crown falls in Competition of France and Spain Charles now put to it seeks to get in with England and acknowledges the fowl Inconstancies of his Predecessors towards Henry the eighth In which he confesses as he was involved so his youth and duty then tyed him more to Obedience than Truth but now grown a Man and Himself the mutual dangers of either would give assurance for his part where otherwise he saith single faith might mistrust Henry the eighth thus cousened into some kindness both by his own power and purse makes Charles Emperour and the French King his Prisoner 1519. And so his turn served a peace is concluded with France and the King of England at whose charge all was effected is left out of any satisfaction And to amuze him from revenge intices Desmond to rebell in Ireland and assisted Iames the fift of Scotland with amunition and mony to buysie England at home 1526. And being in this height of Imagination to have wrought wonders in reducing the Election of the Popes from the Cardinals to the Emperour set others to quarrel with the Pope also who very
might be the best Counsel but the most difficult He therefore to avoid difference with any made Peace with all And as a wise King lead them the way to do so each with other being the surest Maxime to himself and to the foundation of greatness upon popular love to his Subjects to afford them ease and justice This Peace ever after attended his Age and Hearse to which he always intended to fashion his Son and Successour but in future fate followed the change not without our over-hasty exception to the Fathers settlement mistaking it to be the consequence of evil event in the Sons succession But we ought to know that Events are always seated in the inaccessible Light of Gods high Providence and cannot be concluded but by supernatural Arguments which must decide the miscarriages of pious Designs careat successibus opto Quisquis ab eventu facta notâ—nda putet We may learn his will by the effect of his works but not in the consequence of his proceedings we may discern the hand-writing of his Decree to be his Character but not thereby his Sense yet this we presume to run and reade The Providence of God is often most violent to Reason when yet in truth it runs in its proper chanel of equity to all His way is in the Sea not to be always traced by steps What confused conceits carry us on when a prevailing party succeeds in opposition to truth and justice But he that looks thus asquint hath an imperfect sight not the eye of faith The Scales of Gods Providence are never at rest always moving now up now down to humble and to exalt to which we must submit because we cannot comprehend And it is a Rule derivative from hence That where Religion is looâ—est men sacrifise their best Reason to visible Success and private fortune becomes their publick Profession not remembring what Isay says In the path of Gods judgment we should patiently expect We do not so by our daily censure David was in this storm driven to the strongest Anchor of Hope in the contemplation of the wicked he was much trouble to see them prosper and the godly persecuted untill he entered into the Sanctuary of Gods universal providence the chain whereof meets in the centre of all Reade but the story of some Centuries of our Christian world abreviated in the Preface of Sir Ralegh's History How long was it that wickedness had leave to lord it With what strength of policy the Tyrants of each time sold themselves to settle the work of sin And though in the period of that portion of time compared with everlasting and of our neighbour-affairs with the succeeds of the vast Universe In these I say he religiously observes perchance in some the most notorious impieties punished and revenged yet he could not live to finde the effects of Gods justice in so perfect an Audit summ'd up but that he and we and others hereafter shall still remain perplext And here in order and time we come to consider the tempers of the Court Statists those in favour with their former Sovereign had a new game to play with this King and such as were kept under heretofore began now to raise their hopes and endeavours for fresh preferment Amongst many of sundry conditions we fall upon the Conspiracy of a few Discontents and it is generally named Sir Ralegh's Treason so shadowed out to posterity by some late Relators and huddled up in obscurity as not many men in these days believe it for truth to undeceive them I shall give the world that story Sir Walter Ralegh was a Gentleman of good Alliance in the West of England and very well descended he began his Improvements by the University and Inns of Court the later was always the place of esteem with Queen Elizabeth which she would say fitted youth for the future But he staid not there and as his fate would have him of the Sword first so destiny drew him on to have a mixt Reputation with the Gown for he was often called to counsel in her time but never sworn He was twice in Expeditions of Land-service in Ireland under General Norris and Grey as also in the Low Countreys and a Voyage at Sea ere he was known at Court And such ways as these were his introductions the best hopes of his Risings Some natural parts he had a good wit and judgment but his best Weapon was his Tongue which gave him repute to be learned then but after he improved to more value in his future troubles the best School to a wise man His quarrel with Grey in Ireland was there complain'd to a Council of War but by Reference came over to England to the Council-Table Grey had the better cause but Ralegh the advantage in pleading which so took them especially Leicester that the Queen was told the Tale and more of him which begot esteem from her and envy from others however he held up being accounted a cunning Courtier in that ticklish Trade whereof he that once breaks seldom sets up again but he got by those losses and thriv'd best after such compounding Indeed being still under-wood cut and yet growing he became Silva caedua quae succisa renascitur and so flourished oft times after without absolute impute to his Princes pleasure His Enemies of greater Rank kept him in and out which made him then to decline himself out of the Court-rode in Voyages to the West Indies Guiana New Plantations Virginia or else in some Expeditions against the Spaniard which confirm'd him a grand Opposer of the general Peace which King Iames brought in and that brought Ralegh to his ruine He rose no higher than Governour of Iersey Lord Warden of the Stanneries of the West and Captain of the Queens Guard which last Place brought him to esteem at Court but not in the State at all and therefore most men of parts that want of their pride of Preferment are tired with lingring expectation of change from the settled way of Sovereignty which in every shift of Princes gives fair hopes to many neither so mean nor modest but to please themselves with Objects of Advance So this man ambitious of his conceited merits put himself forward a little too soon Busie he had been heretofore to speak his minde of the general affairs and therein he pleased his late Mistress for then his inclination went with the humour of those times of War but now his counsel came out of season For at the entrance of the King he was presented by Ralegh with a Manuscript of his own making against the Peace with Spain it was his Table-talk to beget more esteem which took accordingly and the way to unbend him was the work of the Spanish Faction either to buy him out of that humour or to abuse him into worse condition which was effected by this way To mould him into Treason there was a medley of
to be meant sudden and quick danger as the blaze of Paper by fire This was the most happy construction of burning the Letter which in truth was onely as the ordinary advice in Letters of secrecy to burn them lest they should tell Tales or bring danger to the person receiving them However at the next Meeting with the other Lords it was determined to search and view the Rooms of the Parliament-Houses by my Lord Chamberlain to whose place it belongs where the Vault under the Lords House was stuft with Wood and Coals hired by Master Thomas Piercy Kinsman to the Earl of Northumberland for his private use lodging in the Keepers house one Whineyard Piercy was a violent Papist and Mounteagles Friend who presently made judgment that the Letter might come from him so that the care and further search was committed unto Sir Thomas Knevet a Iustice of the Peace for Westmiâ—ster who the night before the Parliament at twelve of the clock with competent assistance at the very entrance without the Door of the Lodgings they seize in safety one Guido Fauks calling himself Iâ—hn Iohnson and Piercie's man booted and drest so late Then searching the Vault and removing some Billets they found six and thirty Barrels of Pouder and after in Fauks his Pocket three Matches a Dark Lanthorn and other Implements nay the Watch therewith to tell the Minutes for Execution All which he soon confessed and that had he been within they should all together have found the effects of sudden destruction About four of the clock Knevet presently acquaints the former Lords who arise and tell the King that all was discovered and one man in custody Instantly the Council convene examine Fauks who of a Roman resolution refuses to discover any Complices owns the Plot himself moved onely for Religion and Conscience being a Papist denying the King to be his lawfull Sovereign but an Heretick But the next day carried to the Tower and threatned with the Rack his Roman guise visibly slackened and by degrees he appeared relenting and so confessed all That a Practice in general against the King for relif of the Catholicks was propounded to him about Easter was Twelve-moneth beyond Sea in Flanders by Thomas Winter and after in England was imparted to Robert Catesby Thomas Piercy and Iohn Wright and Catesby designed the way to blow up the Parliament because he said as Religion was suppressed there Iustice and Punishment should be there executed Piercy hires a House near the Parliament House and began our Mine December 11. 1604. The Work-men were these five and after that another Christophor Wright the Mine wrought to the very Wall was so thick that we took in another Labourer Robertâ—Winter and whilest these work Fauks watcht Sentinel always with Muskets and Arms rather to die than be taken But being half way through the thick Wall they heard a noise on the other side removing Sea-coals in the Cellar adjoyning which so pat for their purpose Piercy hired Coals and Cellar for a Twelve-moneth and so saved their other labor and fitted the Cellar with Wood and Pouder That about Easter the Parliament prorogued till October they all dispersed and Fauks retired to the Low Countreys to acquaint Owen with the Plot and returned about September and with-drew into the Countrey till October 30. That the same day of Execution some other Confederates should have surprized the Princess Elizabeth at the Lord Harington's in Warwickshire and proclamed her Queen He confessed that others were privy to this Conspiracy Sir Everard Digby Ambrose Rockwood Francis Tresham Iohn Graunt and Robert Keys The next apprehended was Thomas Winter who in some seeming compunction and sorrow wrote his voluntary Confession That in the first year of King Iames to this Crown 1603. I was sent for to come up to London to Iohn Wright at Lambeth called Faux Hall where he first informed me of this Pouder-Treason to blow up the Parliament that the nature of the Disease required sharp Remedy and so we agreed and my Design was to go over to Bergen-op-Zome to petition the Constable of Castile ready there to come over Ambassadour for his Catholick Majesty by whose means here the Catholicks might have favor and there I met Guido Fauks and brings him over to Catesby about Easter Term and met also behinde St. Clements Strand with Piercy and Wright where we take Oath of secrecy hear Mass and receive the Sacrament and so sorth as Fauks hath confessed onely we resolved to convey their Pouder by degrees unto Catesby's house at Lambeth and so to be brought over by Boat when the Mine was ready and received one Keys as a trusty man for our purpose In the time of their Mining they framed their Plot into some fashion what to do for the Duke as next Heir the King and Prince Henry blown up Piercy undertakes with his Confederates to seize the Duke at St. Iames whilest most of his Servants might be about Westminster and with Horses ready at the Court-gate to horse him away into the Countrey whilest most men amazed at the Blow the Duke might easily be mastered And for the Princess Elizabeth in the Countrey some Friends gathered together under colour of Hunting near my Lord Harington's might seize her to Catesby's house which was not far off at Ashby and he undertakes for that They provide for Money and Horses and to save as many Catholick Lords as could be advised to forbear the Parliament Next that forein Princes could not be enjoyned secrecy nor oblig'd by Oath nor were they sure that such would approve their Plot if they did yet to prepare so long before might beget suspition the same Letter that carried the News of the Execution might intreat for assistance and aid That Spain his motion like a large Body was too slow in his preparations in the first of Extremities France too near and dangerous who with Holland shipping they feared most And because the charge of the work hitherto lay hard upon Catesby they called in Sir Everard Digby who frankly lent fifteen hundred pounds to the business and Mr. Francis Tresham two thousand pounds and Piercy promised all the Earl of Northumberland's Rents which he would seize near forty thousand pounds and ten Horses And because they were informed that the Prince would be absent from the Parliament they resolved of more company to seize him and to horse him away on the other side of the Thames and let the Duke alone Two days after this discourse being Sunday comes news to Thomas Winter of a Letter to Mounteagle to advise him to absent from the Parliament which Letter was carried to the Earl of Salisbury Winter tells this to Catesby and Tresham whom they suspected but all forswear the Letter and resolve to see the issue which they feared would fail of their purpose but on Munday Catesby resolves to go to Ashby and Piercy to follow Tuesday early comes the younger Wright and tells Winter that he
And so it was in his Mothers time and without consent of Parliament else it would seem a League of the People And in his time when it came to be Ratifyed least it should appear In odium Tertii it was by Him left out in respect of his Title to England 3. Who is so ignorant as can not see the profit and commodity to England by this Union is there not Gain by Wales is not Scotland greater Lands Seas and Persons added to Greatness certainly Two made One makes them Greater and Stronger He desires Union for the Empire of England and for their security to condescend to reasonable Restrictions And he will never say what he will not promise nor promise what he will not swear nor swear what he will not perform And so dismisses them But although the Parliament could not be drawn to it presently yet not long after it wrought upon the Judges of this Kingdom that the chief Justice Coke confirmed the Post-Nati in Calvins Case and Title And adjudged for him also by that reverend States-man Chancelor Elsmere and all the Iudges likewise in the Exchequer Chamber whose opinions do much confound our Adversary bewailing the Cause That of such stuffe Judges are made who can modell their Presidents to any shape And yet all that this Session could be drawn to do was to repeal the Laws of Hostility between both Nations and so confirmed in Scotland from the fourth of Henry 5. of England and from 1 Iames 1. of Scotland Some excellent Acts were concluded this Session which I refer to the statutes in print But because the Judges in that time are complained of as too partiall for the Kings commands Let me aeternize the memory of Judge Nichols of the common pleas His Predecessor in his Circuite Assize for the County of Northampton had reprieved a Felon indicted before him and found guilty by the Jury and condemned but reprieved by him upon some observation of the weakness of the Evidence This Iudge dying Nichols appointed for that Circuite continues the Prisoners reprieve And the complaint came to the King who urgeth the Judg by letters for Execution which yet he refused His just excuse was That if his Predecessor who heard the Evidence thought good in Iustice to grant his reprieve It became not his Conscience now to condemn him seeing he never heard the Evidence at all And that it was part of his Oath to do right notwithstanding the Kings letters 18. Edward 3. This man therefore the King owned to be a wise learned and just Judge for though he might perhaps have given just Iudgment it could not be true Iustice. Licet aequum statuerit hand aequum fuerit Heretofore Proclamations had been by Queen Elizabeth and King Iames against the excessive repair of persons of quality out of the Country to London by neglecting their duties at home in their respective service to the Common weal the decay of Hospitable Neighborhood and relief of the poor Besides the more room made for them crowded the Mechanick and Trades-men into narrow habitations and dear rents pestering most houses with Inmates Infections and sickness the Country Towns and Burroughs unpeopled trade decayed But these commands not obeyed The wisdom of State was assured that the cause taken away the effects would follow The restraint of New-buildings might necessitate the Gentry to keep to the Country for want of lodgings at easie rates in London And such as should be were prescribed heretofore a form of Brick upright to save Timber so much wanting and to beautifie the streets incroached upon with bay windows and eaves hanging over that even joyned with the opposite Neighbour upon old or new foundations a Custome of freedom in after times of loose liberty which destroys the beauty of buildings And now necessity enforcing a farther Obedience this proclamation hath these Limitations No new buildings in London or two miles about but upon old foundations And such as have been erected within five years last past contrary to former Proclamations which were to be pulled down shall nevertheless be disposed by Officers appointed for tenements to the poor or for their benefit and hereafter offending to be pull'd down No House to be divided hereafter into several Tenements nor any Inmates received to make another family These prohibitions were referred to the Aldermen and Iustices of Peace and this was in October 1607. When the plague ceased and the fresh gang of the Countrey came huddling to keep Christmass at London Our Caluminator that swells his Book with malitious observations and false quotations refers this to 7. Iac. 1609. and belyes the restriction to be pulled down though says he not taken notice of in seven years after for this Proclamation commands the Aldermen and Iustices in their diligent view perambulation and inquiry to certifie the Kings Council every Term or their neglect to be censured punished and removed from the Peace as unworthy Whereby says he many not heeding the Proclamation laid out their whole Estates upon little Hovels and building fair houses upon new foundations must either purchase them anew or pull them down and both to their ruine Name me one that was repurchased Indeed such as offended in this last were to be fined or pulled down And truly the commands were so necessary so wholesome so beautifull and so exemplarily publick that very few offended and such as did deserved due punishment yet this is scored upon the King as a Crime in State which he foresaw would come to pass as now in these days we finde the effects to be pitied the very ruine of this City and Suburbs The Lord Treasurer Dorset died suddenly at the Council-table his Disease an Apoplexy which gave way to Cecil Earl of Salisbury to succeed him Treasurer this Dorset was Thomas Sackvile Son and Heir of Sir Richard Sackvile of Buckhurst who came from the Temple a Barrester and was created Baron Buckhurst by Queen Elizabeth and by King Iames Earl of Dorset 1605. and Knight of the Garter About this time a further discovery was made in Scotland concerning the truth of Gowry's Treason by Attainder of another of the Conspiratours The Treason was attempted the fourth of August 1600. as before remembered and though there followed sundry Suspitions and Examinations of several persons supposed Abettors and Contrivers then yet it lay undiscovered tanquam e post liminio untill this time eight years after by the circumspection principally of the Earl of Dunbar a man of as great wisdom as those times and that Nation could boast of upon the person of one George Sprot Notary publick at Aymouth in Scotland from some words of his sparingly and unawares expressed and some Papers found in his house whereof being examined with little ado he confessed and was condemned and executed at Edenburgh 12. August 1608. A Relation I conceive not common but in my hands to be produced and written by that learned Gentleman
Sovereigns choice Service And yet this Man â—ot long after proved the Contriver and the most malicious Prosecutor of such conspiracies as may be said to be the forerunners of that Kings miserable and final destruction I cannot learn whether he be living in this sin and so as yet spared for Gods mercy or unrepentant dead to his Judgments sure and suddain But to our business in Scotland In the next Assembly at Glascow the Bishops took upon them to inlarge their own authority in the Administration of all Church affairs And yet not willing to make any change though by the Kings command without brotherly approbation of the Ministers They assemble together and consent unto Articles of Government and power of the Bishops In which Assembly the Popish Lords supplicate for absolution and to subscribe to the confession of faith Huntley did so and returned to his own County Arroll went about it too but suddainly fell into such confused terror as offering violence upon his own person he was spared by his intercession of tears and prayers not to be forced against the reluctancy of his Conscience who in truth of all that sect shewed evermore much of tender minde to endeavour satisfaction to himself and so received more civility from the Church ever after Angus was most averse and had leave to banish himself into France where he died at Paris some years after There had been a good progress in Scotland for quieting the Clergie and renewing the repute of the prelacie And therefore the Arch-Bishop of Glascow with the Bishops of Brigen and Galloway having audience of the King in relation to the affairs of the Church of Scotland Told them with what care and charge he had repossessed the Bishopricks out of the hands of the Laity and other sacreligious pretenders and settled them upon reverend Men as he hoped worthy of their places But since he could not consecrate them Bishops nor they assume that honor to themselves and that in Scotland there was not a sufficient Number to enter charge by Consecration he had therefore called them into England that being here consecrated themselves they might give ordination at home and so the Presbyters mouths stopped For they had maliciously and falsely reported that the King took upon him to create Bishops and bestow spiritual Offices which he never did always acknowledging that Authority to belong to Christ alone and whom he had authorized with his own power One thing admitted dispute The Arch-Bishops of Canterbury and York always pretended Jurisdiction over Scotland and so now this consecration might be taken as a voluntary subjection to this Church But therefore London Ely and Bath performed it to them and they ordained others at home And carried back Directions for a High Commission Court also for ordering of causes Ecclesiastical which were approved by their Clergie and put into obedience From these good Men The King fished out the behaviours of his Council there and therefore to settle them in terms of honor and state at their Table they were to convene twice a week and None to stay in the Room but Counsellors nor any solicitations there But being come instantly to take their places sitting not standing unless they pleaded for themselves and then to rise and stand at the end of the Table for they were wont to quarrel and to cuff cross the board No Counsellor to be absent four days without leave of the rest Each single Counsellor to be Justice of Peace in all the Kingdom to preserve respect to their places they should not trample the streets on foot but in Coach or Horse-back with footcloths This brought some esteem to that Board who before were bearded by every Kirk-Iohn or Lay-Elder And after this posture of Governing Patrick Stewart Earl of the Isles Orkney and Yetland was sent for to humble himself to imprisonment A Custom also which was setled in the Council to command any Malignant to be in Ward by such a day or else to be horned Rebell This great man at home is there humbled before the Bishop of Orkney and is by him examined so soon is the Kings ordinance obeyed His Crimes grew up from his poverty made so by his own riot and prodigality which now he seeks to repair by shifts of Tyranny over the people under his Command and being by the Bishop reported so to the Council he was committed to Prison untill the pleasure of the King deals further in Mercy or Justice But to exercise that Nation by degrees of punishment he was afterwards released and returned home to better behaviour wherein he became for the future so faultie that two years after he was executed We have hinted heretofore the Kings business at home which in truth was his wisdom to wade through To suppress the trayterous designes of the Papists and to settle the fiery dispositions of the Schismaticks for the first their own violent progression in their late Pouder-plot drew upon them publick lawes of chastisement But these Other alas their Motion now not so violent yet perpetual the more warily to be dealt with And because no disputes Arguments nor Policies could reduce them therefore the spiritual High-Commission-Court took some course moderately to regulate their Insolencies Busie this Parliament had been in disputes of the Common and Civil Laws The first strained to such a necessitary power as in short event would mightily qualifie the other to nothing Besides this Session sate long and supplyed not the Kings wants wasting time as ever sithence in seeking Grievances To palliate the Lower-House some Messages had informed his necessary expences and to both Houses the new Treasurer late Earl of Salisbury opened the emptiness of his Office And at last the King speaks for himself at a Meeting at White-Hall He spake well and now prolix which yet I must present thus long Perfect Speâ—ches open the times and truth to posterity against our Carping Adversary I need not quote his pages take his whole History passionately and partially distempered throughout The King forgets not their late loving duties and therefore recompenseth them with a rare present a Chrystall Mirror the heart of their King which though it be in Manu Domini so will he set it in oculis populi The principal things says he agitated in this Parliament were three First Your support to me Secondly My relief to you But the third How I would govern as to former constitutions or by absolute power He begins with the last That Monarchy is the supremest thing upon Earth illustrated by three similitudes First out of Gods word You are Gods Secondly out of Philosophie Parens patriae Thirdly out of Policie the Head of this Microcosm Man For the first The attributes of God Creation Destruction Reparation to judge and not be judged and to have power of Soul and Body so of Kings and can make of Subjects as at Chesse a pawn to take a
King for nought infinite gain It was then wished that they should declare their benefit and afterwards become Collectors for the King Queen Elizabeth after she had raised Customer Smith from 140001. per annum to 420001. made him discount what he had got This King did not do so yet he did better borrowed money and never paid it them Besides they were alwaies at hand to be squeazed and what his Successor failed in that way being perhaps surprized by death the next long Parliament did to purpose ruined them all upon old Scores And was it not time for King Iames so to do We all know by the succeed such Contractors lost not by their Farm By which we may be assured how mightily trade increased by the wise Government of this King and no Text more certain to prove it than the Inter and Overloping of Merchants to get in to be Farmers so mighty was their gain and so secret this their trade as but by their Pride profuse and stately comportment since could never otherwise have been imagined Liberties and Penalties there have been Kings that have proclamed Quod omnes Chartae irritae forent nisi posteriori sigillo roborentur Nay Qui suis volebant gaudere innovarent chartas suas de novo and this was done by Commissioners or by quo warranto against all And for penal Laws though I know that many Projectors advised yet former examples of this kind have evermore been fatall to those of the Quorum But this King declined it at all Selling Offices had been done formerly not a King scaped it to sell great Offices of the Crown and State for years for life under the Kings hands and seals They lodge in the Record thus Chancelour Chief Iustice all Keepers of Records Clerks of Assize and Peace Masters of Game and Parks and what else of profit or repute In France it is common not one scapes and in Spain as usual and defended as lawful and there are some that have prescribed them amongst the best Rules of reigning Sovereignty both Ecclesiastical and Temporal It may be that Favorites and Courtiers made bold with their interests in their Master to receive their Rewards But his own hands were ever closed from such corruption Sale of Honours It was the antient Power and that legal to call landed men to Knight-hood or fine which he did by favour and grace which he gave truly I believe he was no niggard in them too But indeed there being no Chivalry or Deeds of Arms in this time of peace to make men merit honours those that had it favourites excepted I rank in desert and so of due reward To others I confess they paid for it and they were those off-hand Lords as were made Earls together that paid eight thousand pound a piece and the pride of their hearts never bogled at the purity of the Project but swallowed down the Corruption without check of Conscience and yet this I can tell Some of them set their Sons to beg again part of it for their private expence The Baronets were created upon a better score and both these without any plot of State as was feigned and the designs upon the Earl of Salisbury for the former and upon Buckingham for the later when in truth Pride and Ambition made the project their own And in Gods name let such pay the price thereof And I know as honest and discret as our later times can boast of molded other such designs for degrees of honor to be hereditary in tail as Under-degrees to those already in use which yet the King for that present declined Coyn and Bullion All men know that Coin and Bullion in any State admit great wisdome in the mannagement and as many overtures were now offered as could stand with Justice or Customary Presidents It was much urged to abate money which was never used by any but as a last shift full of dishonor as in Bankrupts and a certain inconvenience to all Revenues of rents and so to the King in that particular as the greatest land-Lord and so his disadvantage which he declined Moneys being esteemed quantum in Massa not altogether per sculptam and so hold esteem by their true value Queen Elizabeth held it up from abasement which her great potent Enemy Spain could not do Then was advised Cambium Regis an office antient untill of late the Goldsmiths have ingrossed it Some thoughts there were to make the Exitus exceed the introitus in Traffick that the unnecessary nay useless commodities brought in in old time accompted Wines Spices Silks and fine Linnen the Manufactures of out-lands and sold to us to a great value even in Babies and Rattles being the sad occasion then the great want of Bullion not sufficient in Specie to pay the Lender in principal At last it was concluded to get advantage in the Coinage either simple Metal or Mixt by which we see that all Monarchs have are argento auro and so was coined only Farthings least other stamp of more value should clog the Kingdom and a proportion was together coined and do what this State could was in few years counterfeited by our neighbour Hollanders and many Firkins filled by them that the Farthing Office was not able to rechange upon the rebate for silver which yet the King continued till these late times called in Examine the inconvenience of Leaden and Copper Tokens as great a benefit now to Retaylors then formerly to the State but with much more inconvenience to the Nation being only utterable and current to each Retaylor of his own Mint and Mark. He was forced to adventure upon the use of Parliaments and to being with money but not to build long upon their discusses whereby came that saying in common as of no other Design Subsidies granted Parliament ended and therein the disadvantages he found might well distinguish him and their less frequent calling from his Predecessor and her often invitation and indeed discourage any Prince that should next succeed her The Disposition and Spirit of the times considered were not alike with him Her people ingenuous and un-inquisitive wrapped in innocence and humble obedience But in his time their passions and disaffections had gotten loose Reins the snaffle in their teeth contesting and capitulating Reasons of her actings were her own Will for then she having just cause to complain of oppressions as they did they only conveyed them to her notice and left the time and order of redress to her Princely discretion And yet when it was not altogether concerning them she would bid them meddle to amend their own Manners Nor were her Messengers choaked by any reproach that came of such errands In his time so much degenerate from the purity of the former under pretence of reforming and freedom that their very inquiry extended to the privacy of the King himself Nusquam Libert as gratior extat quam sub Rege pio Afflicting
Criminal Kings Bench and Star-Chamber The Common-pleas is a Branch of the Kings Bench being first in one Court and after the Common-pleas being extracted it was so called as Pleas of private men The other the Exchequer for the Kings Revenue the principal institution thereof and their chief study and as other things come orderly thither so to administer justice Keep you within compass give me my right of private Prerogative I shall acquiesce as for the Prerogative of the Crown it is not for a Lawyers tongue nor lawful to be disputed It is Atheism to dispute what God can do his revealed Will ought to content us so is it contempt in a subject to dispute what a King can or cannot do the Law is his revealed Will. The Kings Bench is the principal Court for Criminal causes and in some respects it deals with Civil causes The Chancery a Court of Equity and deals likewise in Civil The Dispenser of the Kings Conscience following the intention of Law and Iustice not altering Law nor e converso It exceeds all Courts mixing Mercy with Iustice. Other Courts are onely for Law and where the strictness of Law might undo a subject there the Chancery tempers it with Equity and preserves men from destruction The Chancery is undependent of any other Court only under the King Teste me ipso from which no appeal yet am I bound so to maintain others as this not to suffer wrong My Chancelour that now is I found him Keeper of the Seal the same in substance with the other stile He is witness my warrant was to him to go on according to Presidents in time of best Kings and most learned Chancellours The duty of Iudges is to punish such as deprave the Kings Courts and therfore it was an inept Speech in Westminster-Hall to say that a Praemunire lay against the Court of Chancery yet it should not be boundless the King is to correct it and none else and therefore the King was abused in that attempt and now commands that none presume to sue a praemunire against it As all inundations are conceived Prodigious by Astrologers so overflowings of the banks of Iurisdiction is inconvenient and Prodigious to the State Let there be a concordance and musical accord amongst you keep to your Presidents authentick not controverted but approved by common usage of best Kings and most learned Iudges The Star-Chamber Court hath been shaken of late and last year had received a blow if not prevented by a few voices He descants on the name Star a glorious creature next in place to the Angels the Court glorious in substance compounded of four sorts of persons The first two Privy Counsellors and Judges wisdâ—m of State learning in Law The other two sorts Peers and Bishops to give Greatness and Honour to the Court the other of Learning in Divinity and the interest of the good Government of the Church So divine and humane Laws Experience and practice in Government are conjoined in the proceedings of this Court No Kingdom without a Court of Equity either by it self as in England or mixed in their Office that are Iudges of the Law as in Scotland and here in England where the Law determines not cleerly there the Chancery does having equity which belongs to no other Court punishing Attempts other Courts only facts and where the Law punishes facts lightly as in Riots or Combates the Star Chamber punishes in a higher degree as in Combinations Practises Conspiracies so being instituted for good give it the more honour Keep your Courts in harmony Iudges are Brethren the Courts Sisters the Muses to differ breeds contempt to either and disputes against each other turns pleas from Court to Court in circular Motion Ixions wheel the reason of Multitudes of Prohibitions causes are scourged from Court to Court like Tantalus fruit neer the Suiters Lip never to his Taste a delay of Iustice makes causes endless He tells them how he hath laboured to gather Articles an Index expurgatorius of Novelties crept into the Law look to Plowdens Cases and the old Responsa Prudentum if you find it not there then ab initio non fuit sic away withit To the Auditory he hath but little to say As he hath confirmed his Resolution to maintain his Oath the Law and Iustice of the Land So he expects their duty in observance of the Law and divides their submission into three parts First In general to give due reverence to the Law This general he devides also into three Not to sue but upon just cause Be content with Iudgement to acquiesce as he will do equal with theâ—â—eanest Subject Do not complain and importune the King against Iudgement It is better to maintain an unjust Dâ—cree than to question every judgement after Sentence as you come gaping for Iustice be satisfyed with the Iudgement but in Bribes complain boldly if not true from you expect Lex Talionis to accuse an upright Iudge deserves double punishment Secondly In your Pleas prâ—sume not against the Kings Prerogative or honour if you do the Iudges will punish you if they do not I will them and you Plead not new Puritanical strains to make all things popular keep the antient limits of pleas Thirdly change not your Courts as if to mistrust the justness of your cause but submit where you begin So he sums up all The charge to his Self Iudges and Auditory his excuse why he came not till now why now And because of his custome to deliver a charge to the Iudges of circuits He tells them now also As they are Iudges with him in that Court so Iudges under him and his Substitutes in circuits Itinerant to his people a laudable custome to go to the people in their Counties as they come up to them at Westminster-Hall That you go to punish as to prevent offences charge the Iustices of peace their duties take an accompt of them and report their Services to the King for the King hath two offices 1. To direct 2. To take an accompt from them to his Chancellour in writing and so to him Of these two parts the Nisi prius is profit for them and the other necessary for him therefore as Christ said Hoc agite yet illud non omittite and commends the office of Iustice of peace of high honour and repute They are of two sorts good and bad the good he will reward and prefer being as capable of his favour as any about him whomsoever the farther off in distance of place the more desert and his providence must reach to the end of his limits the good are industrious the bad idle contemplative Iustices are of no use And for the number as many hands make light work so too many make slight work As to the charge he will but repeat what he hath said heretofore Lectio lecta placet decies repetita placebit anent Recusants and Papists my greef when they increase there are three sorts of Recusants The first
that the world may speak well of their mutual agreeing Thus much in effect the King told them and which prepared their wild resolutions to strike at Prerogative now to undermine it only by quâ—rrelling with the Kings best Ministers and whilest these bandy in the Lower House the King proceeds in his Publick course concerning Germany and forthwith sends the Lord Digâ—y extraordinary to the Emperour for a posiâ—ive answer for rendition of the Palatinate by force or friendship These businesses abroad and expence at home brings him to accompt with his Exchequer where he finds his Exits increased the Incomes and intending the best Husbandry to piece out the expence He changes his Treasurer Mountague for other preferments of honour and profit and puts in Sir Lionel Cranfield upon no other merit saies one but for marrying the Marquesses Kin such Another saies more But I find him of an antient family in Gloucester-shire and being bred a Merchant Adventurer of London and other his extraordinary qualities in that and other Commendable wayes became useful to the State also And first had the honour of Knight-hood then the custody of the Kings Wardrobes afterwards Master of the Court of Wards and Liveries and now Lord Treasurer and created Earl of Middlesex Some busie Barons had gotten together a gang of Discontents of several Titles and framed a petition and their hands to it with this General Title The humble Petition of the Nobility of ENGLAND SHEWETH THat whereas your Majesty by importunity of some natural subjects of England hath conferred upon them Honours Titles and Dignities peculiar to other your Majesties Dominions by which the Nobility of this Realm find themselvs prejudiced Our humble desire is that with your allowance we may challenge and preserve our Birth-rights withont any notice of those Titulars to our Prejudice and to be excused to deny them the respect or place as to Noble men Strangers Seeing that these being our Countrymen born and abide here have yet procured their Translation into foreign names onely to our injury But in this address we meddle not to limit or interprete the power of your Soveraignty being the root whence all Honor receives Sap under what title soever to collate what you please upon whom and how you please The Subsigners were Oxford Essex Warwick Abergaveny Dacres Darcy Sheffield Crâ—mwel Scroop Sturton St. Iohn Paget Dudley Spencer Say The Barons indeed came behind but few Earls had cause so to complain And it was Say I remember well the Ring-leader of all though the last in Ranck and least in prejudice But his prejudice and subtilty steered the way to the rest who having a loose Brother amongst them perhaps many more stole the Copy to the King and betrayed their intentions before it was well-moulded The King wisely sent for them a sunder and roughly told them their Petition was sawcy but ended humbly concluding themselves not to expostulate his power or pleasure which if any of them sought to question they should soon find the effects but the first Man declined it as brought in by the buy and so did the second and third the rest took pattern from their submission and here was an end of that ranting Petition for our Author would enforce belief That the King pulled up his Spirits when he told Essex He feared him not with his fourty thousand men But the Proverb alludes in scorn to the folly of the French Oh the King of France and fourty thousand men and then with more disdam on Essex Hereupon the Commons take example and Petitions are framed as from the people but indicted by the Parliament A custom which the Commons house in those times took up to make business rather than be idle And first they fall upon Patents for Inns Ale-houses Gold and Silver Thread counterfeit pretious matter to spend time being now to quarrel with the Empire The last of them Our Historian saies was of sophisticate materials engrossing all the Trade of that Ages vanity onely in Gold and Silver Lace and so poisonous were the Druggs of the Composition that rotted hands and arms with lameness upon the very work-folks loss of their Eyes and Lives by venome of the vapors that came from it ah abominable un truth The Patron of this Patent was an honourable Lord though led aside by Instruments whom he trusted Indeed a Pragmatick Lawyer whose weakness in that Profession came behind the ordinary Practisers and therefore he got a Privilege and Prerogative to be first heard at the Bar and was nick-named Prerogative Pleader until a witty Judge told him he should have the first Motion but not to be granted at all Sir Giles Mompeson the Patentee for Inns. Sir Francis Michel for Ale-houses two corrupt Justices of the Peace It were wished that they might have been the last of that race But these Patents taking up more time in the Disquisition than their serious business should permit the King rouses the Lords to their Sentence of them with this Speech MY LORDS THE last time I inform'd you the Verity of my Proceedings aâ—d caution in passing these Patents in question by way of Declaration and now to expresse my desire to have your sentence and execution against Mompesson who though he be fled my Proclamation pursued him and shall be as earnest to see your sentence against him executed And tells them his Reasons 1. That there being a Politique Marriage betwixt Him and his people he is in duty to God tyed to the care of good government And had these things been complained of before he would have redressed them sooner Remembring them what he hath often said That no private person should be respected before the publique good not only of the whole Common-weal but even of a particular Corporation that is but a member of it 2. That he intends not to infringe but to satisfie the House Liberties for never any King did so much for them and will doe more and assures them that the Presidents of former good government shall warrant them to him Acknowledging them the Supream Court of Iustice Himself as present by Representation And to add to their Honour he hath made the Prince a member amongst them Professes the love and respect he hath received from the Lower House in their proceedings And always the like from the Lords especially by relation of his son of them all in general and particular and the like he said by One that sits there Buckingham a proof whereof the Earl of Arundel witnessed in his report to them of the privileges of Nobility how earnest he was therein Acknowledges the free gift of this Parliament of two Subsidies and so accepted by him which he will reâ—ribute by a General Pardon at the end of the Parliament and will do somewhat in ease of the people till then As for the Ale-Houses he refers to the Iustices of Peace For the Gold and Silver Thread he damm's
the Patent which may serve for a Pardon to the Actors therein Another Bill against Informers he desires may be put to an end for he sayes that heretofore he hath shewed in Starre-Chamber his dislike of such people And that Buckingham told him that since this Parliament he was not haunted with such spirits as usually he had been vexed Tells them plainly he is assured That this external Government for learned Iudges and hopes honest administration of Iustice and with Peace and Plenty yields to every one safety under his Vine and Fig-tree yet he understands his Subjects vexations by vile execution of Projects Patents Bills of Conformity and such like which more exhaust the peoples purses than Subsidies Then he comes close to the Lords the effect of his errand He advises them of their Iudgement Agere bonum bene bonum is good proof before Iudgement Bene is the formality and legality to advise with the Iudges so the ground good the form orderly it will befit the Court of Parliament The Sentence he observes in two parts that which is worthy the Iudging and censuring And secondly to proceed as against these Delinquents so against such like crimes Complaints are of passion justly distinguish innocent from guilt and do it legally for Moral Reason supposes breach of Laws standing in force otherwise they punish by predestination And concludes against his late Atturney General Sir Henry Yelverton Prisoner in the Tower upon Sentence in Star-chamber That he being accused besides concerning a Warrant dormant he freely delivers him over unto their Iudgement Thus we see what the King sayes But as in this Speech so in all others of his our Historian fails not to let in his conceited descant not worth the Dispute and excuses Yelverton as he does all Offenders against the King Sir Henry Yelverton was Atturney General and by his place of Imployment it was his duty to mannâ—ge the charge of Impeachments against Somerset or any Subject whatsoever without dispute which yet he refused as receiving that place by his favour for which contempt to the Kings service not without more than suspition of concealment of some passages concerning Overburies death he was for those reasons and deservedly by the whole Court of Star Chamber unanimously sentenced and so of course committed to the Tower close Prisoner where we are to be perswaded also by the Pamphleter That the Lieutenant of the Tower Balfore admits Buckingham to treat with him in prison and then to piece out a peace between them both Certainly Yelverton had law to teach him or any other Prisoner of Reason that this was Treason in Balfore and in Buckingham also to attempt And therefore to cleer it Balfore himself hath since avowed to a Prisoner sometime under his Guard that there was never any such act done by Buckingham or any other by his permission But afterwards upon Yelvertons humble submission for his former fault and his innocency in some doubts cleered from other suspitions he was set at Liberty And in truth according to the merit of the Man he was afterwards intrusted with the judgement Seat But what was this secret information which we are told he should tell Buckingham That which the King spake in Parliament viz. Not to spare any that was dearest or lay in his bosome by which he pointed to you saies Yelverton meaning Buckingham And must Buckingham adventure his and the Lieutenants head to learn this news which no doubt the Favourite heard before being at the Kings elboe And this discourse pretended by our Pamphleter betwixt Buckingham and Yelverton in the Tower our Historian himself that passes by nothing to pick his cavils suspects the truth thereof But will nothing satisfy but Yelvertons own hand see what he sayes in his Letter to Buckingham upon his return out of Spain dated the fifteenth of March 1623. Which we enter here May it please your Grace MY humble heart c. will be glad to expiate my errours at any rate c. Your noble Heart I hope harbours no memory of what I gave distast your own merits which have so much enobled you will be the more compleat If I seek your Grace before I deserve it enable me I beseech you to deserve that I may seek If any on whom you have cast your eye most endear himself more to your service then I shall let me not follow the vintage at all Till this day I feared the relish of sour grapes though I have sought you with many broken sleeps but this Noble Earl whose honour for this work shall ever with me be second to yours hath revived me with assurance of your Graces pardon and liberty to hope I may be deemed your Servant I protest to God it is not the affluence of your honour makes me joy in it not the power of your Grace that trains me on to seek it but let the tryal of your fortunes speak thus much for me that I will follow you not as Cyrus his Captains and Souldiers followed him for Spoil or place but if with safety to your Grace though with peril to my self I may serve you let me die if I do it not rather than want longer what my humble love ever led me to and still to affect the honour to be Yours c. Henry Yelverton This if he were guilty was very ingenuous if innocent most base Sir Francis Michel for his crimes concerning his undue Execution of his Justiceship of the Peace is degraded the honour of Knighthood and rode with his face to the Horse-tail through the strand The same sentence had Mompeson of his Inns but he runs away out of their reach as far as France In this Parliament of searching the sores of Complaints appears the Chancelour Sir Francis Bacon to his censure for Bribery and Extortion but to mollify the Sentence he submits and supplicates the Lords in Parliament and because you shall see what he could say I shall set it down at length very witty and worth the reading To the Right Honourable the Lords of the Parliament the Vpper House assembled The humble submission and supplication of the Lord Chancellour May it please your Lordships I Shall humbly crave at your hands benign interpretation of that which I shall now write for words that come from wasted Spirits and oppressed minds are more safe for being deposited to a noble Construction than being circled with any reserved caution This being moved â— I hope obtained of your Lordships as a protection to all that I say I shall go on but with a very strange entrance as may seem to your Lordships at first for in the midst of a State of as great affection as I think a mortal man can endure honour being above life I shall begin with the professing of gladness in some things The first is that hereafter the greatnesss of a Iudge or Magistrate shall be no sanctuary or protection to him against guiltiness which is
continue yet to loose time And now of late upon our gratious Answer make more delay in appointing a Committee to consider of the points of our Answer concerning their privileges You shall tell them that to lessen mis-spent time we shall descend to explain our meaning Concerning what we said Not to allow of the stile Their antient and undoubted right of Inheritance which we wished that they had said Were derived from grace and permission of our Ancestours and Us for most of them grow from Presidents a Toleration rather than Inheritance And the plain truth is we cannot endure Subjects to use such Anti-Monarchical words to us except subjoined with acknowledgement of grace and favor from us Yet we never meant to deny them lawful privileges as in former times nor what they have right unto or hy Grace now and so we made that distinction either by Law or Statute or long Custom or lawful Presidents and so we shall maintain them in their Rights Therefore advises them to set afide wrangling and proceed to that which is fit for the weal of his Crown and Kingdom otherwise their curious shifts maliciously from time to time found out to frustrate the Kings good purposes to his Subjects will come to light and the Authors not thankfully rewarded Royston Decemb. 16. 1621. All these three several Admonitions of the Kings take no effect for any obedience to follow and therefore the King desirous not to dissolve them without some fruit addresses another Letter to the Speaker Richardson Mr. Speaker Whereas at the humble suite of Our House of Commons we made this Meeting a Session before Christmasse and so till Saturday next and by our Letters to take away mistakings we explained Our selves in points af their privileges and all to little purpose for preparing things necessary for a Session We think good once more to impart our mind that for the Reasons reiterated we have an earnest desire to make it a Session free pardon to the Subjects and good Laws to be passed as they have had both by the unusual examples of Iustice and â—ase and comforts by Proclamation The passing of the Subsidie the continuance of Statutes and the pardon being the most pressing to be effected and the pardon on his part now drawing up So it concerns them the Act for the Statutes And as for the Subsidie though time presses let that be no prejudice if left undon For on Saturday next he expects their performance that so they may go home to their habitations Theobalds December 17. 1921. Nor does this any more prevail but comes to be excused by way of Petition The Parliament return Thanks and Petition May it please your Most Excellent Majesty We the Knights Citizens â—nd Burgesses c. after your Majesties Letter read this morning full of grace and goodness do return our most humble and hearty thanks c. And though we have been desirous to have some good Laws passed and a Session before Christmass yet entering into serious Consideration of those things to be prepared and the straitness of time They humbly submit to the Kings Wisdom for their departure and for their re-access to perfect what is begun The Kings Reply The King returns them Answer How sorry he was this could not be made a Session Excuses himself by his former Advisoes and layes this blame before them to their face He had given Order to adjourn to the eight of February next And omits not to tell them that he expects other thanks then as they sent to him for his promises to maintain their privileges so often contained in his answers and letters explained and inlarged But for all that the King heard nothing though this message was delivered to them the next Morning and having plotted a Thin House and a late hour six a clock at night in December not a third part of their number They enter a Protestation for their Liberties in such dubious manner as may and did for the future serve to invade most of the Rights and Prerogatives annexed to the Crown for grounding the claim of their Privileges upon the Words in the Writ of Assembling the Contrivers of that Protestation craftily mentioned Super arduis Regni Negotiis but of purpose left out Quibusdam which restrains that generality to such particular cases as the King consults with them upon and the uncontroled customes of all times manifest For the King or Chancelour usually declares what things those Quibusdam are wherein he craves their advice and assistance And upon all which undutiful Protestation the King is justly occasioned to publish his pleasure for dissolution of this Parliament by Proclamation to this effect A PROCLAMATION for the dissolving the Parliament ALBEIT the assembling continuing and dissolving of Parliaments be a Prerogative peculiar to our Imperial Crown yet We are pleased to acquaint our good Subjects with the reasons of all Our publick Resolutions and actions intending to have made this the happiest Parliament in our time without imputing however to the Major part of the Members any want of their duty as hath been mutually exprest from either party Beginning in January with good harmony betwixt us so as many ages past could not parallell the like Their love to us our Iustice to them extended not only to private persons but even upon the prime Officer of Our Kingdome we found notwithstanding they mispent time in cavils yet we gave longer time continuing the Session till the eight and twentieth day of May then the Recess till the fourth of June Expressing that our Progress approaching the necessity of our Council to attend us the disfurnishing our Courts of Iustice so many Terms and the long absence of Iustices of Peace and deputy Lieatenants from their necessary duties in the Countrey Then we sent them word we would hear and answer all businesses at an appointed time They are notwithstanding in jealousie and expressed discontent yet made not their address to us and thereof we signified our pleasure to both Houses The Lords submitted to our Resolutions passed the Act for some especial Bills with commendation to the Commons which they neglect We therefore continued the Session for a Fortnight longer Our self in person offered to the Lords the passing Bills had thanks from them which the Commons the same day refuse The Grievances of England and Ireland though not presented to us were rectified by Proclamations in both Realms But during this time of Recess we mediated with the Emperour by Our Ambassadour Digby upon promise of assistance of Parliament in case that failed then we reassemble the twentieth of November and made known in particular all the transactions abroad yet some Members took inordinate liberty to treat of Our prerogative not fit to be medled withall of which we gave them warning And so reciting all the particular passages before-mentioned And therefore concludes whereas the Assembly of Parliament was adjourned untill the eight of February now next