any such Custom or Prescription so this is a Bag of Clouts of Grotius his own setting up and he might have saved himself the labour of throwing Stones at it The eighth Chapter is that Jure Gentium Trade is free with all Men. Answ True but this is in established Governments and not in a State of Anarchy and where Men live out of Society as Grotius drives at In the ninth Chapter Grotius chews the Cud upon what he said Chapter the fifth and needs no other Answer The tenth is the same with the third Chapter The eleventh Chapter is that the Trade with the Indians is not proper to the Portuguez by right of Prescription or Custom Answ This Chapter is more restrained than the seventh yet it is so large if you take the Indies as our East-India Company does from Cape Bon Speranza to the North of China including the East of Africk and both sides of the Red-Sea and Persian Gulph and the Islands which lie between the Cape of Good-Hope and the North of China it is more than half the Circumference of the Globe of the Earth But this is another Bag of Clouts of Grotius's setting up for I do not believe or find the Portuguez ever made any such Claim or if they did it would have been impossible to have maintained it The twelfth Chapter is that the Portuguez endeavour by no Equity to forbid Trade which if they do I do agree with Grotius These Premises thus learnedly established you need not doubt but that The thirteenth Chapter is that the Dutch have a Right of entertaining Commerce to the East-Indies as well in Peace and in making Truces as in War Note I have heard a Story of the Cham of Tartary that after he has din'd he gives leave by sound of Trumpet to all the other Princes and Potentates in the World to go to Dinner so Grotius after he had bound up all Nations at Land by his Civil Compact in his Jus Belli Pacis in his Mare Liberum gives the Dutch Liberty to do what they please at Sea by a Grant from Hugo Grotius But I have often wondred what should engage Grotius to write this Treatise of Mare Liberum in favour of his Country-men for at this time he was a proscribed Traitor by them and if you 'll take his Word in the Dedication of his Jus Belli Pacis to Lewis the 13th he was ill used by them unless it were as Caius Marius did after he was proscribed by the Senate to be an Enemy to Rome refused to enter Rome till his Proscription was revoked by the Senate which when they met to do Marius entred Rome and massacred them so Grotius hoped by this Treatise to have his Proscription reversed and that he might return home again to set his Countrey-men at Land together by the Ears and in Tumults as he endeavoured to have done before And if it be true which Grotius says Lib. 2. cap. 2. de Jure Belli Pacis that before the Civil Pact all things at Land were in common and that no Man had Right to any thing but that another by the same Right might take it from him and that the Civil Pact was never of the Sea Whether this does not justify all Pirates and Robbers at Sea in all their Depredations and Piracies But because we see but by halves here we will hereafter examine his Civil Pact and see how Men by his Reasons come to be bound up by Land and loose at Sea which neither Mr. Selden nor any other that I have seen who wrote against Mare Liberum have done But if it be so old and pestilent an Error in all other Christian Kings and States to assert their Rights and Dominion upon the Seas Grotius if he had had any Ingenuity should have admonished his Country-men to have avoided this old and pestilent Error before he charged all other Christian Princes and States with it but of this he says not one word But to return Noy how zealous soever he was against granting the King Tunnage and Poundage he must now find a way how the King may raise Ship-money besides Tunnage and Poundage not granted by Parliament nor Ship-money neither The Ground-work was that the King was in great danger by Pirates and the King sole Judg of the Danger He had finished the Work but liv'd not to see it put in Execution for he died the 9th of August 1634 to the great regret of the Arch-bishop In September following Sir Edward Coke died but upon his Death-bed Sir Laud's old Friend by an Order of Council came to search for seditious and dangerous Papers by virtue whereof he took Sir Coke's Comment upon Littleton and the History of his Life before it written with his own Hand his Comment upon Magna Charta c. the Pleas of the Crown and Jurisdiction of Courts and his 11th and 12th Reports in Manuscript and I think 51 other Manuscripts with the last Will of Sir Edward wherein he had for several Years been making Provisions for his younger Grand-Children the Books and Papers were kept till seven Years after when one of Sir Edward's Sons in 1641 moved the House of Commons that the Books and Papers taken by Sir Francis Windebank might be delivered to Sir Robert Coke Heir of Sir Edward which the King was pleased to grant and such as could be found were delivered but Sir Edward's Will was never heard more of to this day I do not find that the Arch-bishop was the first Mover of this nor do I find the like was ever done before the Arch-bishop was Primier Minister of State yet this I find that Windebank was found to be one of the Fomenters for carrying on the Popish Design with Con Cardinal Richlieu's Chaplain in the Year 1640. Sir Edward is removed by Death in September and Sir Robert Heath in October is removed from being Chief Justice of the Common-Pleas to make room for Sir John Finch as Heath before had been made Chief Justice to make room for Noy to be Attorney-General You need not fear but that Sir John Finch now a Favorite of the King and Queen and Arch-bishop who could put no Question when he was Speaker shall without Question judg Ship-money to be lawful whatever Magna Charta or Petition of Right says to the contrary Nor shall he stay here but be the prime Agent in breaking through the Bounds of Charta de Foresta by enlarging the Limits of the Forests so as no Man if the Parliament in 1641 had not prevented it could tell where it would have stopped But this was not all the Reason why Heath was turn'd out and Finch put in it was Kilvert's Pleasure one of Laud's Instruments to ruin his Patron the Bishop of Lincoln as you may see in the second Part of his Life fol. 118. tit 113. and it exceeds all Belief by what execrable means Laud by Finch Kilveâ—t and Windebank conspired the Ruin of the Bishop of Lincoln if
Design to bring Trouble upon a Handful of poor Catholicks that would live peaceably however they were used but that it should light upon others Now the Design appears barefac'd for would you think it the Earl having delivered the Explanation of his taking the Test by the Duke 's peremptory Command this is interpreted a publishing of it and upon Tuesday the eighth of November a Council was called without calling the Earl to it and an Order was sent by one of the Clerks of the Council to the Earl that before 12 a Clock next Day he should enter himself a Prisoner in the Castle of Edinburgh and a Warrant was sent to the Deputy Governour to keep him Prisoner wherein the Word Sure firmance tho fairly writ was struck out The Earl obeyed and by himself alone in a Hackney Coach rendred himself a Prisoner accordingly And now you 'll see how absolutely in this deputed Authority the Duke demeaned himself without Reserve what then might be expected from him in Case he should become King The Earl some Days after he had rendred himself Prisoner wrote to the Duke telling him how he had obeyed his Highness and Council's Order in rendring himself a Prisoner and how that he wrote no sooner lest he might be thought too impatient of Imprisonment which appeared to be the Effects of high Displeasure which he hoped he no ways deserved and was resolved to continue all Duty and Obedience to his Majesty and Highness and begg'd to know what Satisfaction was expected where and how he might live in his Highness's Favour to which no Answer was returned but a Summons charging the Earl with leasing making and depraving of Laws And after another Summons came out and published with Sound of Trumpet charging the Earl with Perjury and Treason but when it was told the Duke that such a Process threatned the Earl's Life and Fortune the Duke said Life and Fortune God forbid The very Day November the eighth that the Council ordered the Earl to render himself a Prisoner the Council sent a Letter to the King wherein they sent the Earl's Explanation of his taking the Test and how they had commanded his Majesty's Advocate to raise a Pursuit against the Earl upon it yet expecting his Majesty's Commands for their further Prosecution of it But the King might command what he pleased his Commissioner and Council would do what they would with it for before any Return of their Letter they caused the King's Advocate to exhibit an Indictment against the Earl upon the Points of slandering and depraving And after the Return of the King's Letter they ordered a new Indictment against the Earl containing besides the former Points the Crimes of Treason and Perjury before they acquainted the King with it The Earl thus mewed up that he might not give any Offence twice petitions the Duke and Council that Sir George Lockhart might be his Advocate to plead his Defence yet both times refused the Reason of these Petitions were that without Leave none would dare to plead the Earl's Cause for fear of the King's Displeasure However by the Act 11 Jac. 6. Cap. 90. It is the undeniable Privilege of all Subjects accused for any Crimes to provide themselves Advocates to defend their Lives Honours and Lands against whatsoever Accusation So by the 11 Jac. 6. c. 90. it is declared That in case Advocates refuse the Judges may compel them Hereupon the Earl drew up a Letter of Attorney constituting Alexander Dunbar to require Sir George Lockhart to plead for him which the Duke no sooner heard but said If Sir George Lockhart plead for the Earl he shall never plead for my Brother nor me But the Earl might set his Heart at rest for whatever Counsel he had his Case was fore-judged before heard However for forms sake upon the Twelfth of December 1681 the Earl was brought by a Guard of Soldiers before the Justice Court where the Earl of Queensberry was Chief Justice General and the Lords Narin Collingtoun Newtoun and Hirkhouse Lords Justiciary sitting in Judgment It is inconsistent with the Design of this Treatise to set down the Earl's Speech at large and the long and learned Pleadings of Sir George Lockhart and Sir John Dalrymple for the Earl's Defence and the King's Advocates pleading against the Earl and their Doubling's and Tripling's yet it 's fit to say something of them and leave the Reader at Liberty to read them at large in the Earl's Case which is printed The Earl in his Defence only claims the Privilege of the meanest Subject tho under an ill Character to explain his own Words in the most benign Sense and how strange and impossible it would be to believe he intended any thing but what was sutable to the Principles of his Religion and Loyalty though he did not express himself at all Then he enlarged how from his Youth he had made it his Business to serve his Majesty faithfully constantly and to his Power especially in all times of Difficulty and never joined or complied with any Interest or Party contrary to his Majesty's Authority and so that he never received a Frown from his Majesty these thirty Years and that even in this Parliament how he had shewed his Readiness to serve the King and Royal Family in so vigorously asserting the Lineal Succession of the Crown and in offering Supplies to his Majesty and Successor and that he had always kept his Tenants in Obedience to his Majesty How strange then is it that Words spoken for the clearing his own Conscience should be wrested into Treason especially where the same was done before by many Orthodox Clergy whole Presbyteries Synods and some Bishops so that an eminent Bishop took the Pains to write a Treatise that was read over in Council and allowed to be printed and a Copy given to him which contains all the Expressions he is charged for and many more may be stretched to a worse Sense and having wished all Happiness to the King and a Continuance of the Lineal Succession left his Defence to his Advocates Sir George Lockhart and Sir John Dalrymple then several Letters from General Middleton and the Earl of Glencarn were read testifying the Earl's Loyalty and Services to the King The Treason charged upon the Earl in the Indictment consists of these six Heads 1. That the Earl considered the Test and was desirous to give Obedience to it as far as he could clearly insinuating thereby he was not able to give full Obedience 2. That he was confident the Parliament never intended contradictory Oaths therebâ— to insinuate to the People that the Parliament did impose contradictory Oaths 3. That every Man must explain for himself and take it in his own Sense whereby that excellent Law lost its Obligations 4. That he took the Test so far as it was consistent with it self and the Protestant Religion which depraved the Test and misrepresented the King's Parliament's Proceedings in the highest Degree 5. That he did
Doctrine of Passive Obedience had made a plain and easy Passage for the Popish Faction to take Possession of this Power The Bishop of London therefore after the Lords had voted an Address of Thanks to the King's Speech moved in the name of himself and all his Brethren that the House would debate the King's Speech which as it was extraordinary and unusual in the House so was it not less surprizing to the King and Court who now dreaded the Lords would concur with the Commons in their Address to prevent which the King first prorogued and then dissolved the Parliament and never called another in all his Reign And thus the King made good to the Parliament in his Speech to them the 28th of May That the best Way to engage him to meet them often was to use him well and did expect that they would comply with him in what he desired and that they would do it speedily that it might be a short Sessions and that he and the Parliament might meet again to all their Satisfactions and for the Bishop of London the King shall remember his Motion in due time when he shall plead no Privilege of Parliament The King having so ill performed his Promise to the Parliament of often meeting of them where he might hear of it again which by no means he would endure after he had dissolved them had a fair Field without any Rub to do what he pleased and to petition him or represent the Grievances of the Nation out of Parliament shall be a great Crime next to High Treason And now 't is time to observe the Steps the King proceeded by to maintain the Church and State of England as by Law established His Brother had laid the Foundation of making a Parliament felo de se by hectoring and making Bargains with Corporations to surrender their Charters and taking new ones from him whereby he reserved a Power that if they did not send such Members as pleased him he would resume the Charters he granted them and herein he made a great Progress till his Keeper and Attorney General refused to grant Patents to such poor Corporations as could not pay their Fees so as a new Keeper or Chancellor and Attorney-General must be had who would grant Patents gratis or a Stop would be made in the Progress of so noble a Design In a lucky Hour my Lord Keeper N died at Astrop-Wells I think when Jeffries was in his March to the West and for a Reward of my Lord Jeffries's Clemency that he shewed had the Seals given him with the Title of Lord Chancellour but the Attorney was not so lucky but lived to be turned out and another put in his Place which would perform his Office more charitably to these indigent Corporations which could not pay their Fees in taking new Patents after they had perfidiously betrayed their old But this was but one Step towards this Holy Work the King to make a thorow Reformation will make the Judges in Westminster-Hall to murder the Common Law as well as the King and his Brother designed to murder the Parliament by it self and to this end the King before he would make any Judges would make a Bargain with them that they should declare the King's Power of dispensing with the Penal Laws and Tests made against Recusants out of Parliament However herein the King stumbled at the Threshold for it 's said he began with Sir Thomas Jones who had merited so much in Mr. Cornish his Trial and in the West yet Sir Thomas bogled at this and told the King He could not do it to which the K. answered He would have Twelve Judges of his Opinion and Sir Thomas replied He might have Twelve Judges of his Opinion but would scarce find Twelve Lawyers of his Opinion The Truth of this I have only from Fame but I 'm sure the King's Practice in reforming the Judges whereof all except my Lord Chief Baron Atkins and Justice Powel were such a Pack as never before sat in Westminster-Hall gave credit to it But if the Lord Chief Justice Thorp for taking a Bribe of 100 l. was adjudged to be hanged and all his Lands and Goods forfeited in the Reign of Edward the 3d because thereby as much as in him lay he had broken the King's Oath made unto the People which the King had intrusted him withal and if Justice Tresilian was hanged drawn and quartered for giving his Judgment that the King might act contrary to one Act of Parliament and if Blake the King's Counsel Vsk the Under-Sheriff of Middlesex and five more of Quality were hanged in the Reign of Henry the 4th for but assisting in Tresilian's Judgment What then did these Judges deserve which made Bargains with the King before-hand to break the King's Oath he had made to the People and entituled the King to a Power to subvert the Laws and gave Judgment before-hand to act contrary to them Andrew Horn in his Mirror of Justice tells us That King Alfred the Mirror of Kings hanged Darling Segnor Cadwine Cole and 40 Judges more because they judged in particular Causes contrary to Law But sure this was not more to Alfred's Honour than it was to the Dishonour of King James to make Bargains before-hand with Judges to give Judgment contrary to the Laws themselves and unless they would break the King's Oath to his People they should not be his Judges The Laws and Constitutions of this Nation as has been already noted make it a Kingdom whereof the King is Head and the Nation the Body so that if you take away the Laws and Constitutions of the Kingdom there is neither King nor Kingdom Did not the King then descend from his Majesty in rending himself from his Kingdom by breaking Laws whereby he ceases to be a King and the Nation to be a Kingdom And what was it for that the King would not be content with the Soveraignty he had over the Nation wherein his Majesty consisted but would strain it into a Tyranny over the Nation It was to introduce a foreign exploded Dominion of the Pope denied by our Saviour and asserted by the Devil whereby how absolute soever the King would be over his Subjects yet himself and Kingdom must be at the Pope's Disposal to be deposed and destroyed as the Pope pleased Bishop King in the State of the Protestants in Ireland fol. 18. gives this Account of one Moore a Romish Priest who preached before the King at Christ's Church in Dublin in the Beginning of the Year 1690 where he told him to his Face that he did not do Justice to the Church and Churchmen and amongst other things said That Kings ought to consult Churchmen in Temporal Affairs the Clergy having a Temporal as well as Spiritual Right in the Kingdom but Kings had nothing to do in the Management of Spiritual Affairs but were to obey the Orders of the Church Thinking Men could not conceive this dispensing with the Penal Laws
one the 4th of Edw. the 3d c. 14. the other 36 Edward 3. c. 10. and when Parliaments thus frequently met Grievances were nipt in the Bud the Courts of Law kept to the Administration of Justice uprightly the Ambition of great Men restrained Factions and Innovations suppressed and when the Parliament met thus frequently the King had an Account of the State of the Nation and upon Redress of Grievances if any were the Parliament in acknowledgment of their Duty gave the King a Gratuity sometimes a Fifteenth other times a Subsidy and at other times a Subsidy and a Fifteenth and sometimes a Subsidy and two Fifteenths but never more before the 35 of Eliz. and the King in return granted a general Pardon to his Subjects with such Exceptions as the Parliament pleased and thus a mutual Love and Understanding between the King and his Subjects was nourished and encreased Whereas by the long discontinuance of Parliaments Grievances multiply and take Root so as they become so much more difficult to be redressed by how much longer the Discontinuances last The Favourites by their flattering the Prince not only keep him in Ignorance of the State of his Subjects but fix the Prince so to their Will that it becomes so habitual in him that the Prince prefers them before his Subjects and their Flatteries before the Advice of his Parliament and often takes their parts before that of the Parliament and Nation These long Intervals of Parliaments you 'll see will beget long Parliaments and the Members get to be chosen by the Favour of great Men and vast Expence so that the Grievances with the Parliament should redress become diffused into the Body of the Parliament than which nothing can be more dangerous to the Constitution of Parliament Besides that the publick Business may not be interrupted during the Sessions of Parliament the Members of both Houses have Privileges whereof they are the only Judges both in their own Persons and of their Servants whereby they are exempted from Arrests or any Process at Law which is not only grievous to the Subjects but oft the Ruine of them But now it 's time to see what the King's Proclamation for calling his first Parliament tended to Before King James his coming to the Crown of England the Election of Members in the House of Commons was so free that the Letters of the King or any Noble Man to chuse a Member was judged Cause sufficient to render the Election void but the King by this Proclamation gives order what Sorts of Men and how Qualified should be chosen by the Commons and concludes We Notify by these Presents That all Returns and Certificates of Knights Citizens and Burgesses ought and are to be brought to the Court of Chancery and there to be filed upon Record and if any be found to be made contrary to this Proclamation the same is to be rejected as unlawful and insufficient and the City or Borough to be fined for the same and if it be found that they have committed any gross or wilful Default or Contempt in the Election Return or Certificate that then their Liberties according to the Law are to be seized as forfeited And if any Person take upon him the Place of a Knight Citizen or Burgess not being duly elected and sworn according to the Laws and Statutes in that behalf provided and according to the Purport Effect and true Meaning of this our Proclamation then every Person so offending to be fined and imprisoned for the same Never was such a Prelude to the Meeting of a Parliament by any of the Kings of England either of the Saxon Danish Norman or British Race and if the King in the Beginning thus extends his first Note above ELA to what Pitch will he strain his Prerogative hereafter However since Forfeitures of Charters Fining and Imprisoning of Members not elected and returned according to this Proclamation were the Penalties imposed by it for the better Execution it might have been declared who should judg of these Elections and Returns or by what Law It fell out unluckily I think I may say designedly that upon the opening of the Parliament several of the House of Commons one of which was Sir Herbert Crofts coming to hear the King's Speech in the House of Lords had the Door shut upon them and were repulsed by a Yeoman of the Guard one Bryant Cash with the uncivil and contemptible Terms of Goodman Burgess you come not here The King in a long and tedious Speech which you may read at large in Stow's Chronicle after he had expressed his Thanks to the whole Nation for their Universal Acclamations in receiving him for their undoubted Sovereign which so much conduced to their Happiness in the Union of all Claims in his Person being the undoubted Heir of Hen. 7 and Elizabeth the Eldest Daughter of Edward the 4th wherein the Titles of the Houses of York and Lancaster were reconciled He tells them the Wonders which he will do both in reference to the inward and outward Peace of the Kingdom which how well he performed you will hear hereafter But as to the Glory which he ascribes to himself of being King by inherent Birthright from Hen. 7. and his Queen I think he could not have taken a worse Topick for what he so much gloried in For no hereditary Monarch has a better Title to his Crown than the Ancestor from whom he first claims had and it is evident Henry the 7th had no Colour of Title to the Crown of England by Inheritance being only descended from John of Gaunt by Katherine Swinford his Concubine when John of Gaunt's Wife was alive nor could the King claim any Title from the Wife of Henry the 7th for Henry himself would never own she had any reigning not only during her Life without naming her in the Coins Proclamations or Laws but after her Death and was not only crowned without her but called a Parliament without her ere he was married to her and had the Crown entailed upon him and the Heirs of his Body before he married her Besides there is no Averment against an Act of Parliament and the Act of the first of Richard the 3d declares all the Issue of Edward the 4th by the Lady Grey the Mother of Henry the 7th's Wife to be Illegitimate and so uncapable of any Inheritance to the Crown of England But how edified soever the Commons were with the King's Speech they were little pleased with the Yeomen of the Guards usage of their Members which in due time the King shall hear of However the King who since his coming in had been acquainted only with Flatteries introduced with the Epithet of most sacred which I find rarely applied to any of his Predecessors and how properly applied to him giving himself up to a dissolute and prophane Life let another judg was buoyed up with a mighty Expectation of the Success of his Proclamation and Speech which did not succeed
not been his Friend After the Sale of the Towns was agreed on the next Debate was What should become of the Souldiers in Garison But let them look to that for the King being Rex Pacificus had no need of them they might go where they pleased all the Care the Favourites had was how to share the Money among themselves The dishonourable Delivery of the Dutch Towns made no Allay in his Affections to his new Favourite tho wholly unacquainted with State-Affairs who was as much given up to the Pleasures of Venus as the King was to those of Bacchus neither the Sale of the Dutch Towns nor the seizing Somerset's Estate would answer the Expence of his Pleasures and Bounty the disposing of all Places and Offices Ecclesiastical and Civil all waved as he nodded and herein his Venality was as profuse as his Venery One of the first that felt the Effects of his Power herein was Sir Edward Coke who at this time sat very loose and uneasy he had highly disgusted the Court and high-Church-Party in opposing Arch-bishop Bancroft's Articles against granting Prohibitions at Common-Law He opposed my Lord Chancellor Egerton taking notice of a Cause in the King's-Bench after Judgment given contrary to the Act 4 Hen. 4. 23. and refused to give any Opinion in the Case of Commendums being a Judg before it came judicially before him And however my Lord Chancellor Egerton upon the swearing Sir Henry Mountague when he succeeded Sir Edward Coke in the Office of Chief Justice declared Sir Edward's deposing was for being so popular yet I have it from one of Sir Edward's Sons that the Cause of his Removal was That Sir Nicholas Tufton being very aged and having a Patent for Life of the Green-wax-Office in the King's-Bench the Viscount Villiers by his Agents dealt with Sir Nicholas that if he would surrender his Patent the King would make him Earl of Thanet and in the mean time Sir Francis Bacon treated with Sir Edward to know whether in case Sir Nicholas surrendred his Patent the Viscount should prefer another to the Office Sir Edward would give Sir Francis no other Answer than this That he was old and could not wrestle with my Lord. However after Sir Nicholas had surrendred Sir Edward refused to admit of a Clerk by Villiers's Nomination but stood upon his Right and that the Judges of the King's-Bench served the King to their Loss and therefore he would so dispose of the Office that the other Judges of the King's-Bench's Salaries should be advanced and that hereupon he was turned out of his Place and Sir Henry Mountague put in who disposed the Office as the Favourite pleased But tho the Favourite's Displeasure began here with Sir Edward it did not end so nor the Titles of our new Favourite for upon the 5th of January following he was created Earl of Buckingham however Sir Edward might have been restored again to the place of Chief Justice if he would have given a Bribe but he answered A Judg ought not to take a Bribe nor give a Bribe See the second Part of the Bishop of Lincoln's Life fol. 120. Tit. 116. We begin this Year 1617 after the King had created the Earl Marquess of Buckingham on the first of January with the Story of Sir Raleigh's Voyage to Guiana which was the Cause of his Death tho upon another score being condemned in the first Year of the King for High-Treason in Cobham's Conspiracy for endeavouring to have hindered the King's coming to the Crown But before we proceed we 'll stay a little and take a view of him Sir Walter was of an antient Family but a younger Brother and as he was a Person of admirable Parts excellently adorned with Learning not Pedantick but of a nobler Strain so he had a Mind far above his Fortune and accounted Poverty the greatest of Misfortunes and to advance his Fortune he became a Courtier to Queen Elizabeth who was as great a Discerner of Men and their Qualities as any Prince in her time or perhaps before or since and as such and not as imposed by Favourites she esteemed and preferred them and upon this account she entertained and favoured Sir Walter The Queen made him Captain of her Guards Lieutenant-General of Cornwall and Lord Warden of the Stanneries but these were rather Honorary Titles than much profitable and being at Enmity with the Earl of Essex the Queen's greatest Favourite and the whole Family of the Cecils who governed all in State-Affairs these put a full stop to Sir Walter 's further Rise at Court Sir Walter thus balk'd at Court seeks Adventures abroad to raise his Fortunes thence and the Wars continuing between the Queen and the King of Spain in the Year 1595 he mans out a Ship to Guiana in the West-Indies and by the Intelligence which he had with some of the Indians and some Spanish Prisoners he had taken believed he had made a Discovery of several rich Mines and had certain Marks whereby to discover them again if occasion should happen But if he got nothing else by his Voyage he got this Advantage by it that adding Experience to his excellent Theory in Navigation he justly merited the Applause of the best Director of Sea-Affairs of his time After Queen Elizabeth's Death he was kept 12 Years a Prisoner in the Tower where he compiled his History of the World a Design so vast that no other Man of less Parts both of Body and Mind could have accomplished And while he was thus confined he was the first which made publick the Growth by Sea of the Dutch and the Riches they derived by their fishing upon the Coasts of England and Scotland and the Consequences which would necessarily follow not only to the loss of the King's Soveraignty of the British Seas but to the Trade and Navigation of England otherwise After that one Tobias Gentleman set forth another Treatise of this Nature and how this Fishery might be carried on from the Ports of England and dedicated it to the King but the King wholly giving himself up to Pleasure neither minded the one nor regarded the other Sir Walter had been discharged out of the Tower about two Years and an half before but by what means I do not find and then Poverty stared him in the Face for Somerset had begg'd his Estate which to him was more intolerable than his Imprisonment and how to extricate himself out of it was all his Business There was a new face of Court to what was in Queen Elizabeth ' days and Sir Walter unknown to any of them His being freed out of Prison was such a Favour as any further was not to be hoped for Happy had Sir Walter been if he had been still confined where in the restraint of his Person he enlarged the Faculties of his Mind to nobler Pleasures than can be found in Sensuality or any Temporal Greatness where by his Freedom pursuing these besides other concomitant Calamities he brought
The Keeper besought the Duke to make haste to Windsor and to shew himself to the King before Supper was ended to deport himself with all amiable Addresses and not to stir from him Day nor Night for the Danger was that some would thrust themselves to push on the King to break up the Parliament and the next degree of their Hope was upon the Dissolution of the Parliament to see his Grace committed to the Tower and then God knows what would follow the Keeper besought him to be secret and be quick and judicious in the Prevention More might not be said because the Loss of Time might lose all The Duke thankt him and made haste to Windsor before he was lookt for and was as inseparable from the King as his Shadow The Fineness of the Keeper's Wit in unriddling this Mystery is equal to that of Cicero in finding out the Bottom of Catiline's Conspiracy and by like means viz. by Women tho after a different manner For Fulvia of her own accord discovered Catiline's Conspiracy in Spite and Emulation to Sempronia but the Keeper bribed one of Fulvia's Stamp to get an Insight into this Design which so perplext the King It seems to me that the Prince and Duke had a Jealousy that the Spanish Ambassador might infuse something into the Keeper which might spoil the Narrative which the Duke made in Parliament of the Spanish Match and therefore the Keeper had given express Orders that neither the Spanish Ambassador nor any of his Train or Followers should come at him whereby the Keeper had been secluded for a Month from any Intelligence from thence But before Don Francisco Carondelet the Ambassador's Secretary was frequently at the Keeper's he was contrary to the Ambassador as well by Birth for he was a Walloon not a Castilian and Arch-Dâ—aâ—on of Cambray as by Nature being learned and of a free and pleasant Dispoâ—â—tion whereas the Spanish Ambassador was most austere and sowr so as there was a great Intimacy between the Keeper and him and out of him the Keeper got what a Servant the Secretary was to some of our English Ladies of Pleasure but above all to one in Mark-lane who by her Wit so managed the Secretary that he could keep no Secret from her which she would have had made known With her the Keeper held Correspondence and presented her bountifully though he told the Prince he had never seen her and by her the Keeper had the rough Draught of the Deâ—â—gn of the Paper which the Ambassador had put into the King's Hands The Keeper had also notice of an English Priest who lived in Drury-lane which the Secretary loved above any other and was dearer to him than his own Confessor but whether the Keeper came to the Knowledge of this by the Lady in Mark-lane or from the Secretary himself the Bishop does not say The Commons had drawn up a Remonstrance against the Liberty which the Priests assumed which the King called a Stinging one and which put the Priests into a great Terror and in this Terror he sent his Pursevant Captain Toothbie to seize the Priest in Mark-lane and not to commit him to Prison but to keep him at his own House till further Order The Secretary soon heard of this and was confounded what to do for the Priest's Delivery he knew no other means to do it but by my Lord Keeper and from him he was banished yet in this Extremity he sent to the Keeper to beg of him to see his Face but that Day tho he never saw him more this was it the Keeper deâ—â—red yet he seemed very unwilling to admit him however if the Secretary came about eleven of the Clock at Night the Keeper would order one of his Servants to let him in at the back-Door of the Garden When the Secretary came into the Keeper's Presence he told the Keeper That nothing but a Matter as dear to him as his own Life should have forc'd him to break Rule to offend his Lordship with his Presence and bewailed the Disaster of his Confrere's Attachment and most passionately implored the Keeper to compass his Deâ—iverance And would you have me says the Keeper run such an Hazard to set a Priest at Liberty a dead Man by our Statutes when the Eye of the Parliament is so vigilant upon the Breach of Justice especially in this kind to the sadding of godly Men who detest them that creep hither out of Seminaries above all other Malefactors because they come with an intent to pervert them who have lived in the Bâ—som of our Church My Lord says Francisco accenting his Words with passionate Gesture let not the Dread of this Parliament trouble you for I can tell you if you have not heard it that it is upon Expiration and then the Keeper pickt out of him the Heads of the Articles in the Paper the Ambassador had given the King with all the Reasons Circumstances and distorted Proofs and Expositions to confirm them and about two in the Morning dismist the Secretary and ordered the Pursevant to release the Priest with Caution that he should cross the Seas that Day or the next The Keeper was as happy in his Memory as in his Wit and Invention for after the Secretary was gone he neither slept nor stirred out of the Room till he had digested all the Secretary had told him in Writing with his Observations upon each Particular and when he had trimmed up a fair Copy but what it was the Bishop says not he carried it to the Prince at St. James's This was upon Tuesday morning after the King went to Windsor The Prince read the Charges and admired at the Virulency of them with the Antiscripts of the Keeper which were much commended whereupon he caused his Coach to be made ready but before he went the Keeper humbly begg'd of him to conceal the Matter for two Reasons First for searching into the King's Counsels which he would not should be opened Secondly that when he had found them out to discover them tho to his Highness which the Prince promised and then went to Windsor When he came there he called for the Duke and shewed him the Paper privately with the Apology in the other Column the Duke humbly thankt the Prince that his Case was interwoven with his Highness and their double Vindication put into one Frame and besought the Prince to know what Vitruvius had compacted a Piece of Architecture of such Vicinity in so short a time but could not obtain it So they forthwith desired a private Hearing of the King and gave the Schedule to his Majesty's Consideration the King read it deliberately and at many Stops said 't was well very well and drew the Prince and Duke near to him and embraced them both protesting he sorrowed much that he had aggrieved them with a Jealousy fomented by no better than Traitors And that you may know said the King how little you shall pay me for Reconciliation I ask no
more but to tell me who is your Ingineer that struck these Sparks out of the Flint to light the Candle to find the Groat which was lost The Prince stood mute and the Duke vowed he knew not the Author Well said the King I have a good Nostril and will answer mine own Question my Keeper had the main finger in it I dare swear he bolted the Flower and made it up into Past Sir said the Prince I was precluded by my Promise not to reveal him but I never promised to tell a Lie for him your Majesty has hit the Man And God do him good for it says the King I need not tell you both what you owe him for this Service he has done himself this Right with me that I discern his Sufficiency more and more This you may read in the Keeper's Life Part 1. from fol. 195 to fol. 200. and much more of the Bishop but I think but little more of the Keeper And tho the Spanish Ambassador received a sore Rebuke here and was sent back into Spain the Bishop says he received no Frown nor Disfavour there Now let 's see how the Duke requited the Keeper for his Service which was but in May In the beginning of Michaelmas-Term following the Duke perswaded my Lord Chief Justice Hobart to tell the King or give it under his hand that my Lord Keeper was not fit for the Place and he would undertake to cast the Keeper out and put my Lord Hobart into his place but my Lord Hobart said Somewhat might have been said at first but he should do my Lord Keeper great wrong that said so now See fol. 201. However such was the Temper of the Times that both Houses chimed in with the Duke in his Narrative and justified him against the Spanish Ambassador who took great Offence at the Duke's Relation as reflecting upon his Master's Honour and demanded his Head for Satisfaction The King was so pleased with the Parliament's Justification of the Duke as we have shewed before that as he had been his Favourite Somerset's Advocate to plead his Cause against the Opinion of Archbishop Abbot to make the Countess of Essex to be virgo intacta and so a fit Wife for Somerset so now he becomes his Disciple Buckingham's Advocate to make him a Favourite to the Nation and because of the Excellency and veracity of his Speech which should dispose the Nation to it we 'll give it you verbatim as it is to be seen in Rushworth fol. 127. My Lords and Gentlemen I Might have nothing to speak in regard of the Person whereof you spake but in regard of your Motion it were not civil for if I be silent I shall neither wrong my self nor that Noble Man which you now spake of because he is well known to be such an one as stands in no need of a Prolocutor or Fideâ—ussor to undertake for his Fidelity or well carrying of the Business And indeed to send a Man upon so great an Errand whom I was not to trust for the Carriage thereof were a Fault in my Discretion scarce compatible to the Love and Trust I bear him It is an old Saying That he is a happy Man that serves a good Master and it is no less true That he is a happy Master that enjoys a faithful Servant The greatest Fault if it be a Fault or at leastwise the greatest Error I hope he shall ever commit against me was his desiring this Justification from you as if he had need of any Justification from others towards me and that for these Reasons First Because he being my Disciple and Scholar he may be assured he will trust his own Relation Secondly Because he made the same Relation to me which he did afterwards to both Houses so as I was formerly acquainted with the Matter and Manner thereof and if I should not trust him in the Carriage I was altogether unworthy of such a Servant He hath no Interest of his own in the Business He had ill Thoughts at home for his going thither with my Son altho it was my Command as I told you before and now he hath as little Thanks for his Relation on the other part he has the Thanks of the Parliament yet he that serves God and a good Master cannot miscarry for all this I have noted in the Negotiation these three remarkable things Faith Diligence and Discretion whereof my Son has born Record unto me yet I cannot deny That as he thought to do good Service to his Master he has given an ill Example to Ambassadors in time to come because he went this long Journey upon his own Charge This will prove an ill Example if many of my Ambassadors should take it for a Precedent He run his Head into the Yoke with the People here for undertaking the Journey and when he had spent there 40 or 50000 l. where should he have this Money never offered his Account nor made any Demand for the same nor ever will I hope other Ambassadors will do so no more I am a good Master that never doubted him for I know him to be so good a Scholar of mine that I say without Vanity he will not exceed his Master's Dictates and I trust the Report not the worst he made because it is approved by you all and I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I find you have done Did ever any old experienced King as he stiles himself so dote upon a young raw and unexperienced Gentleman bred up in no sort of Learning or Business and scarce before he became a Courtier unless in his Infancy breathed any other than French Air as in the face of the Nation to magnify an invidious Tale told by the Duke to the Offence not only of the Spanish Ambassador conversant in the whole Affair but also without hearing the Earl of Bristol who was the greatest Statesman of England if not in Europe and who had so honourably performed several Embassies to the Honour of the King so far as the thing would bear and so manifoldly owned by the King That this Scholar of the King 's unacquainted with the Treaty should break in upon the Earl and not only unravel all but quarrel with him and in another King's Court with the prime Minister of State by whom he might best have attained his End if he designed any However the Parliament address themselves to the King and represent to him That he cannot in Honour proceed in the Treaty of the Match with Spain nor the Palatinate and the Commons offer the King three Subsidies and three Fifteenths for carrying on the War for the Recovery of the Palatinate in case the King will break off the Treaties which the King accepted protesting to God a Penny of this Money should not be bestowed but upon this Work and by their own Committees and the Commons took him at his Word and appointed
for the French Service with the first Opportunity to go to such a Port as the French Ambassador should direct and there to expect Directions But see the Dissimulation and Hypocrisy of the Duke and French Ambassador d'Efsiat for all this while they gave out that this Fleet should not be employed against the Rochellers but against Genoua which it seems took part with the King of Spain against the French King's Allies in Italy and that Vice-Admiral Pennington should not take in any more French into any of the Ships of this Fleet than the English could master These were the Instructions which the Duke communicated to the Council and with these Pennington sailed to Diep But when the Fleet arrived at Diep the Duke of Momerancy Admiral of France would have put 200 Men into the Industry and offered the like to every one of the other Ships in the Fleet telling them they were to fight against the City and Inhabitants of Rochel with a Proffer of Chains of Gold and other Rewards to all those Captains Masters and Owners which should go in this Service which they all with one Consent rejected and subscribed their Names to a Petition to Pennington against it whereupon on Pennington with the whole Fleet returned into the Downs and from the Downs Pennington wrote a Letter to the Duke by one Ingram who saw the Duke read it together with the last Petition and by Ingram Pennington became a Suitor to the Duke to be discharged of this Employment This put the Duke and French Agents to their Trumps how to retrieve their Game and tho all these Transactions were concealed from the King and Council yet the Protestants in France had got Knowledg of this Design and the Duke of Rohan and Protestants of France by Monsieur de la Touche solicited the King and Council against this Design and had good Words and Hopes from both But Buckingham told de la Touche the King his Master was obliged and so the Ships must and should go But there was another Obstacle to be removed or this worthy Design was at a full Stop The Duke had imprest and hired the seven Merchants Ships upon the King of England's Account and for his Service and so they could not be passed into the French Hands without a new Agreement with the Owners Hereupon his Grace was pleased to take a Journey to Rochester to settle the Agreement which must be as the French Ambassadors would whether the Owners of the Ships would or not I will be particular herein not only to shew what a Minister of State Buckingham was or what Reliance there was upon his Word or Honour but more especially for that the Ruin not only of the whole Interest of the Reformed of France was a Consequence of this Action wherein the Mercenary Dutch State conspired also with the Duke but it was the Foundation upon which the French Naval Grandeur was built as well to the Terror of Christendom as of England at this very Day My Lord Conway was the Duke's Nanny and tho principal Minister of State by the Duke's Promotion yet made the Office to bend which way soever the Duke nodded This Lord Conway directed a Letter upon the 10th of July 1625. as from the King to Vice-Admiral Pennington whereby he took upon him to express and signify to him that his Master had left the Command of the Ships to the French King and that Pennington should receive into them so many Men as the French King pleased for the time contracted for viz. six Months but not to exceed eighteen and recommended his Letter should be his sufficient Warrant This Letter was delivered by one Parker to Pennington in the Downs and the English Merchants had constituted one James Moyer and Anthony Touchin to treat with the French Ambassadors which were the Duke of Chevereux Monsieur Vollocleer and the Marquiss of Efsiat and at Rochester the Duke sent back a Letter to Moyer and Touchin to come and treat with the French Ambassadors to settle Business about the Delivery up of their Ships and Fraights into the Power of the French King The Propositions which the French Ambassadors made to Moyer and Touchin were 1. That the English Captains and their Companies should consent and promise to serve the French King against all none excepted but the King of Great Britain in Conformity to the Contract formerly passed between D'Efsiat and them 2. That they should consent and agree in consideration of the Assurance given them by the Ambassadors to the Articles of the 25th of March before which you may read in Rushworth fol. 328. whereby the French King should be Master of the said Ships by indifferent Inventory and that they by him should be warranted against all Hazards and Sea-fights and if they miscarried then the Value of them to be paid by the French King who would also confirm this new Proposition within 15 Days after the Ships should be delivered to his Use by good Caution in London 3. That if the French King would take any Men out of the Ships he might but without any Diminution to the Fraight for or in respect thereof To these Moyer in the behalf of the Merchants answered 1. That their Ships should not go to serve against Rochel 2. That they would not send their Ships without good Warrants 3. Nor without sufficient Security to their liking for the Payment of their Fraight and Rendition of their Ships or the Value thereof for the Ambassadors Security was by them taken not to be sufficient and they protested against it and utterly refused the peraffetted Instrument Hereupon Sir John Epstey and Sir Tho. Dove disswaded the Duke from this Enterprize telling him he could not justify nor answer the Delivery of the Ships However Buckingham's Dictatorship would not admit of Justice or Reason but he commanded Moyer and the rest that they should obey the Lord Conway's Letter and return to Diep to serve the French and that so was the King's Pleasure tho the King told the Duke of Rohan's Agent de la Touche otherwise yet privately at the same time the Duke told them that the Security offered by the Ambassadors was sufficient and that tho they went to Diep they might and then should keep their Ships in their own Power till they had made their own Conditions Hereupon the Duke of Chevereux and Vollocleer constituted D'Efsiat their Deputy to treat with the Merchants at Diep for the Delivery of their Ships into the French Power but with him the Duke sent Mr. Edward Nicholas his Secretary with Instructions by word of Mouth to execute the King's Pleasure by my Lord Conway's Letter for putting the Merchants Ships into the French Power upon the Conditions peraffetted at Rochester by the three French Ambassadors But the Captains of the Ships refused to submit to the Conditions tho Mr. Nicholas in the King's Name from Day to Day threatned them and vehemently pressed them to deliver up their Ships upon the
hasty in it that the King's Promise that the Bishop of Lincoln now no more Lord-Keeper should enjoy the King's Favour was scarce three Months old when they put not only the King out of mind of his Promise but the Bishop out of the Duty of his Place but that Laud should perform it whether the Bishop would or not It has been said with what Difficulty the Bishop of Lincoln for so we must now call him procured Laud the Bishoprick of St. David's and the Bishop staid not there but retained him in his Prebendary at Westminster and so after gave him a Living in the Diocess of St. David's of 120 l. per Annum to help his Revenue These two last being Additions to Laud's Preferment coming from the Bishop of Lincoln voluntarily and unsought for by Laud he by Mr. Winn returned his Thanks to the Bishop with this Expression His Life would be too short to requite his Lordship's Goodness But these Favours were not eighteen Months planted when Laud became the Bishop's sharpest Enemy as you may read in the first Part of his Life f. 108. and his Malice grew so high that the Countess of Buckingham the Duke's Mother took notice of it which the Arch-bishop Abbot takes notice of Rushw f. 144. as well as the Bishop of Litchfield As Acts of Grace and Favour usually were accompany'd by our Kings at their Coronation so in this King's Reign the quite contrary must be practised not only to the Earl of Bristol but much more to the Bishop of Lincoln for he was not only denied to do his Homage to the King with the rest of the Spiritual Lords at the Coronation but his Office as Dean of Westminster in assisting the Arch-bishop in the Solemnity of it and yet this too must be done by Laud as the Bishop's Substitute whether he would or not This was the first noble Favour the King extended to the Bishop according to his reiterated Promise when they parted The second was he was denied his Writ of Summons as a Peer in Parliament which met in four days after the Coronation viz. Feb. 6. which was due ex debito Justitiae and which was never denied to Prisoners or condemned Persons even in his Father's time and at last when he obtained it yet he must not presume to sit in Parliament and had much ado to have his Proxy left with the Bishop of Winchester Dr. Andrews as you may read in the second Part of his Life f. 69. But tho the Privilege of Peers a little eclipsed the Power of the mighty Buckingham yet he was resolved to keep Sir Edward Coke Sir Robert Phillips and Sir Thomas Wentworth out of the Commons House by the King's Prerogative as it has been of late used in making them Sheriffs whether they be returned by the Coroner's Inquest of the Counties or not and by this Prerogative Sir Edward Coke was made Sheriff of the County of Bucks Sir Robert Phillips of Somerset and Sir Thomas Wentworth of Yorkshire It made a mighty Noise and an Inquiry which otherwise would not have been that Sir Edward Coke in his extream Age now 77 Years old and who had been Chief Justice of both Benches and Privy-Counsellor should be made a Sheriff of the County and the more for that Sir Edward Coke took Exceptions to the Oath of a Sheriff whereupon it was altered These were the Counsels which govern'd this King in the Infancy of his Reign Now let us see the Success The Commons were so far from granting Subsidies now as in the last Parliament before Grievances were redrest that upon their first Meeting they fell upon Examination of Grievances and the Miscarriage of the Fleet at Cadiz the evil Counsellors about the King's Misgovernment and Misimployment of the King's Revenue and an Account of the three Subsidies and three Fifteenths granted the 21st of King James That new Impositions and Monopolies were multiplied and settled to continue by Grants Customs enhanced by the new Book of Rates and that Tunnage and Poundage was levied tho by no Act of Parliament and the Guard of the Seas neglected However these were Generals but the first Particular fell upon Mountague in five particular Articles wherein he had broken the Laws and Statutes of the Realm and disturbed the Peace both of the Church and Commonwealth 1. Whereas by the Articles of the Convocation holden in the Year 1â—62 it is determined That the Church of Rome is at present and has been for above 900 Years past so far wide from the Nature of a true Church that nothing can be more he the said Mountague in several places of the Book called The Answer to the Gagg and his other Book called The Appeal advisedly affirms and maintains That the Church of Rome is and ever was a true Church since it was a Church 2. Whereas in the 16th Homily of the second Book of Homilies it is declared that the Church of Rome is not built upon the Foundation of the Prophets and Apostles and in the 23d Article that Transubstantiation overthrows the Nature of a Sacrament and in the 25th Article that the five other Sacraments are not to be accounted Sacraments yet he the said Mountague maintains in his Book called The Answer to the Gagg That the Church of Rome hath ever remained firm upon the same Foundation of Sacraments and Doctrine instituted by God 3. In the 19th of the same Article it is maintained That the Church of Rome hath erred not only in their Living and Matters of Faith and Ceremonies he in his Book called The Gagg does maintain that none of these are controverted in their Points between the Papists and Protestants and tho in the 35th Article it is resolved that the Sacrifice of Masses in which it is commonly said the Priest did offer Christ for the Quick and the Dead to have Remission of Pain and Guilt too is a blasphemous Fable and dangerous Deceit this being one of the controverted Points between the Church of England and the Church of Rome he in his Book called The Gagg does maintain That these controverted Points are of a less and inferiour Nature of which a Man may be ignorant without any danger of his Soul at all and a Man may oppose this or that without peril of perishing for ever 4. Whereas in the second Homily entituled Against the Peril of Idolatry and approved by the 37th Article it is declared That Images teach no good Lesson neither of God or Godliness but all Error and Wickedness he the said Mountague does maintain Images may be used for the Instruction of the Ignorant and Excitation of Devotion 5. That in the same Homily it is plainly expressed That the attributing certain Countries to Saints is a spoiling God of his Honour and that such Saints are but Dii tutelares of the Gentile Idolaters yet the said Mountague in his Book entituled A Treatise concerning the Invocation of Saints affirmed and maintained That the Saints have not only a
to the Earl that it was his Majesty's Pleasure withal no doubt but by the Advice of his highest Council of State that the Earl should continue in the same Restraint he was so that he forbear his personal Attendance in Parliament But since the Duke could no longer otherways keep the Earl out of the House of Lords the King by my Lord Keeper signified to the Lords that his Pleasure was they should send for the Earl as a Delinquent to answer Offences committed against him before his going into Spain and since his coming back and his scandalizing the Duke of Buckingham immediately and by Reflection upon himself with whose Privity and Direction the Duke guided his Actions and without which he did nothing And now Sir Robert Heath the King's Attorney-General exhibited eleven Articles against the Earl it was thought fit to leave out the other nine which the Earl had answered to King James without any Reply and in the last of these the Earl is charged with giving the King the Lie in offering to falsify that Relation which his Majesty affirmed and thereunto added many things of his own Remembrance to both Houses of Parliament which you may read at large in Rushworth's Collections from fol. 153 to 158. Hereupon the Earl exhibited a Charge of High Treason and Misdemeanours in twelve Articles against the Duke and another against the Lord Conway of High Misdemeanours which you may read at large in Rushworth from fol. 266 to 270. And upon the Delivery of them the Earl desired a Copy of the King's Charge against him in Writing and time allowed to answer and Counsel assigned him and said there was a great Difference between the Duke and him for the Duke was accused of Treason and at large and in the King's Favour and that he being but accused of that which he had long since answered was a Prisoner and therefore moved the Duke might be put in equal Condition which tho the House did not yet were not satisfied to commit the Earl to the Tower and order'd That the King's Charge against the Earl should be first heard and then the Earl's against the Duke yet so that the Earl's Testimony against the Duke be not prevented prejudiced or impeached The King in a Message to the Lords by my Lord Keeper would have blasted the Earl's Articles against the Duke for two Reasons if they may be called so The first was That the Narrative made in the 21 Jac. in Parliament trenches as far upon him as the Duke for that he went therein as far as the Duke But what then Shall not the Earl be heard in his Defence against that Declaration which was designed to blast the Earl's Honour and Integrity and Justice is no Respecter of Persons The other was That all the Earl's Articles have been closed in his Breast now these two Years contrary to his Duty if he had known any Crime of that nature against the Duke and now he vents it by Recrimination against the Duke whom he knows to be a principal Witness to prove his Charge against the Earl This is strange for his Majesty's Reign was scarce yet a Year old and all this while the Earl was under a Restraint and not permitted to come to the Parliament which ended at Oxford and in his Father's Reign after the Earl had answered all the Duke's Articles against him without any Reply King James promised him he should be heard against the Duke as well as he was against him tho he lived not to make good his Promise Now let 's see the Levity of this Prince the necessary Concomitant of Wilfulness and which he pursued in every step of his Reign without any Remorse that I could ever find for the Lodgment of the King's Charge against the Earl in the House of Lords was scarce cold whenas it was endeavoured to take the Earl's Cause out of the House and to proceed against him in the King's-Bench But why must this be at this time of day and while a Parliament was sitting And why was not this done in the King's Father's Life or in this King's Reign And why must two years pass and this way of charging the Earl never thought of which now must be done in all haste But the Lords put a full stop to this and for these Reasons 1. For that in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after Publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have learned Counsel to assist them in their Defence And their Lordships declared they would give their Assents thereto because in all Causes as well Civil as Criminal and Capital they hold that all lawful Help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned 2. The Earl of Bristol by his Petition to the House complained of his Restraint desiring to be heard here as well in point of his Wrongs as in his Accusations against the Duke whereof his Majesty taking Consideration signified his Pleasure by the Lord Keeper April 20 That his Majesty was resolved to put his Cause upon the Honour and Justice of this House and that the Earl should be sent for as a Delinquent to answer the Offences he committed in his Negotiations before his Majesty's going into Spain whilst his Majesty was there and since his Return and that his Majesty would cause these things to be charged upon him in this House so as the House is fully possessed of the Cause as well by the Earl's Petition as the King's Consent and the Earl brought up to the House as a Delinquent to answer his Offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if the Earl be proceeded withal by way of the Kings-Bench these dangerous Inconveniencies will follow 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberty of the House will be thereby infringed the Honour and Justice of it declined contrary to the King's Pleasure expresly signified by my Lord Keeper all which are expresly against the Order 5. The Earl being indicted it will not be in the Power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true Meaning of the Order and the King's Pleasure signified and preserve the Liberties of the House and protect one from Injury will be To have the Charge delivered into the House in Writing and the Earl to set down his
might not another Parliament upon better Information alter what the Parliament 21 Jac. had done Which neither of these Parliaments did but granted and voted him and his Father greater Supplies than ever before were given to any of his Predecessors in three-fold the time But when the King enter'd into a View of his Treasure he found how ill provided he was to proceed effectually with so great an Action It seems by this one Action the King only designed the War against Spain But why does not the King set forth the Causes why his Treasure was so ill provided It was not ten Months before his Father's Death that the Parliament 21 Jac. which gave his Father three Subsidies and three Fifteenths was adjourned and his first Parliament gave him two Subsidies more within two or three Months after his Father's Death And what came of all this but the raising ten thousand Foot and two thousand Horse under Mansfield the Expedition against the Rochellers and to Cadiz to neither of which latter he was ever invited by his Father or any Parliament The King makes the â—lague to be the Cause of the Dissolution of the Parliament at Oxford yet he might as well have secured the Members by a Prorogation as Dissolution And in this Parliament he tells how the House of Commons voted him three Subsidies and three Fifteenths and after four Subsidies and three Fifteenths and of the Letter he sent them the 9th of June to speed the passing these Supplies and how that the House being abused by the violent and ill-advised Passion of a few Members never so much as admitted one Reading to the Bill of Subsidies but voted a Remonstrance or Declaration which they intended to prefer to him tho palliated with glossing Terms containing many dishonourable Aspersions upon his Majesty and upon the sacred Memory of his deceased Father which his Majesty taking for a Denial of the promised Supplies upon mature Advisement he dissolved them But from whence should this mature Advisement come We do not find the Privy Council had any hand in it and the House of Lords petitioned against it But lest the Credit of this Declaration should not find Faith enough against the Commons Representatives the King sends a Proclamation after it wherein he takes notice of a Remonstrance drawn by a Committee of the late Commons to be presented to him wherein are many things to the Dishonour of himself and his Royal Father of blessed Memory and whereby through the sides of a Peer of this Realm they wound their Soveraign's Honour and to vent their Passions against that Peer and prepossess the World with an ill Opinion of him before his Case was heard who hinder'd it had scatter'd Copies of it Wherefore the King to suppress such an unsufferable Wrong upon pain of his Indignation and high Displeasure commanded all who had Copies thereof to burn them But why was not the Duke's Cause heard and who dissolved the Parliament to prevent it Had not the Earl of Bristol answered every Particular of the King 's and Duke's Charge against him And was there not an Order of the House of Lords the Duke should answer the Earl's Charge against him Where is this Answer to be found and why was it not Now see the Justice of this King and how he made good his Promise in his Declaration that he would so order his Actions as should justify him not only in his own Conscience but to the whole World for the very Day the Parliament was dissolved he committed the Earl of Bristol Prisoner to the Tower and left the Duke free to pursue his ungodly Designs Here I 'll stay a little and add this Augmentation of Honour to the Escutcheon of this noble Earl notwithstanding this Usage For when the Long Parliament in 1640 had put a full Stop to the King 's Absolute Will and Pleasure which if it had not God only knows where it would have ended and after that this King's Flatterers and Favourites his Lord Keeper Finch and Secretary Winde-bank had run into other Countries to save themselves from being hanged in this and that the Earl of Manchester after he had flatter'd this King and his Father in all the Shapes of Earl Viscount Baron Lord Chief Justice Lord Privy Seal Lord Treasurer and Lord President of the Council and his Son and the Earls of Pembroke and Holland and both the Sir Henry Vanes Father and Son and Sir Henry Mildmay c. sided with the Parliament against the King yet this noble Earl followed the King in all his Adversity however he had been persecuted by him in his Prosperity The late Keeper as he gave his Opinion against the War with Spain in King James's Reign so did he against the Expedition against Cales in this King's Reign his Reason was which you may read in the second Part of his Life fol. 65. That the King must make himself sure of the Love of his own People at home before he bid War to such a rich and mighty Nation But the Keeper's Counsels were as much feared and hated by the Duke as Bristol's and the Commons Articles were against him and therefore he resolved to be rid of them all and pursue the King 's and his own Designs without any Controul and the very same Day the Parliament was dissolved he caused the Earl of Bristol to be committed to the Tower as you may see in Stow's Chronicle fol. 1042. Nor would he have his Renown and Valour less known abroad than his Justice at home and France shall now be the Theatre upon which he will act it in spight of Spain or the Parliament and Nation of England without whose Assistance he will act Wonders by his own Power and in Vindication of his own Honour however some Cause must be shewed by others since the Duke concealed the true Cause Rushworth fol. 427. makes the Causes of this War to begin between the Priests of the Queen's Family and the Bishops by Articles of Agreement upon the Marriage and that the Pope had declared them Apostates if they should seek for any Establishment from the King being an Heretick and that the Queen sided herein with the Priests against the King and that Unkindnesses hereupon grew between them so as the King informed his Brother of France he could no longer bear them And much to this purpose has Mr. James Howel in the Life of Lewis XIII fol. 75. But these were but Pretences for this War the Cause was of another Complexion And herein we will cite the Authority of the great Nani who had better Means to enquire into the Causes than either Rushworth or Howel and was not biass'd by Interest Affection or Flattery You have heard before of the Emulation between Richlieu and Buckingham and of their Inclinations for the Queen's Favour and of the Queen 's noble Aversions to them both but I think Nani was therein a little mistaken for if I be not misinformed as I think verily I
the King the Attorney-General Sir Robert Heath preferred an Information in the Star-Chamber against Sir John Elliot and others of the Members therein named setting forth their Misdemeanours in the late Parliament and all those Proceedings But Mr. Long ' s Charge was different from those of the other Members viz. Not for Misdemeanours in Parliament but that contrary to his Oath being when he was made Sheriff and was by his Oath to keep within his County yet he did come to Parliament and serve as a Member there and in the time of Parliament resided out of his County To this Mr. Long pleaded that the Oath of a Sheriff to reside in his County does not exempt him from obeying the King's Commands out of the County when the King requires it and that by the King's Command in his highest Capacity he being chosen a Member of Parliament was obliged as well by the King's Command as by a Trust reposed in him by his County to serve as a Member of Parliament Yet by a Sentence in the Star-Chamber he was fined 2000 Marks to the King to be imprisoned in the Tower and to make a Submission But the Attorney-General putting the Question to the Judges upon the Proceedings Ore tenus in the Star-Chamber against the Parliament-Men the Judges held it the juster way not to proceed Ore tenus And Justice Whitlock did often and highly complain against this way of sending to the Judges for their Opinions beforehand and said that if Bishop Laud went on this way he would kindle a Flame in the Kingdom Mr. Hollis Selden Stroud and Valentine having been brought to the King's-Bench Bar by several Corpus's and Cause of their Commitment returned one on a Warrant from the Council another on a Warrant from the King for Sedition and Contempts and whether this was a good Return or not was argued The Judges were perplexed about the Habeas Corpus and wrote a humble and stout Letter to the King That by their Oaths they were to bail the Prisoners but thought fit before they did it or publish their Opinions therein to inform his Majesty thereof and humbly to advise him as had been done by his noble Progenitors in like case to send a Direction to his Justices of his Bench to bail the Prisoners But the Lord Keeper Coventry would not acknowledg to Justice Whitlock who was sent to him from the rest of his Brethren about this Business that he had shewed the Judges Letter to the King but dissembled the matter and told him that he and his Brethren must attend the King at Greenwich at a day appointed Accordingly the Judges attended the King who was not pleased with their Determination but commanded them not to deliver any Opinion in this Case without consulting the rest of the Judges who delayed the Business and would hear Arguments in the Case as well as the Judges of the King's-Bench had done and so the Business was put off to the end of the Term Then the Court of King's-Bench being ready to deliver their Opinions the Prisoners were removed to other prisons and a Letter came from the King to the Judges That this was done because of their insolent Carriage at the Bar and so they did not appear The Judges of the King's-Bench were sent to by the Lord-keeper to be in London on Michaelmas-day and the Chief Justice and Justice Whitlock were sent for to the King at Hampton-Court who advised with them about the imprisoned Members and upon the first day of the Term Mr. Mason moved for the Members to have the Resolution of the Court All the Judges declared that they were contented the Prisoners should be bailed but that they must find Sureties for their good Behaviour If this Addition of finding Sureties for the Members good Behaviour were part of the good Offices which the Judges did as Mr. Whitlock says to bring the King to heal the Breaches the Members had little Reason to thank them for their Pains Mr. Selden pray'd that his Sureties for his Bailment might be taken and the Matter of the good Behaviour omitted as a distinct thing So did the rest of the Members whereupon the Court remanded them to the Tower which I suppose is extraordinary the Court having them in their Power and the Tower no Prison of theirs in such Cases In the same Term the King's Attorney Heath exhibited an Information against Sir John Elliot Mr. Hollis Selden and Valentine in the King's-Bench setting forth the Matters in effect as were in the Information in the Star-Chamber to which the Defendants pleaded to the Jurisdiction of the Court because the Offences are said to be committed in Parliament and ought not to be punished in this or any other Court except the Parliament The King's Attorney moved the Court to over-rule the Plea tho he did not demur to it but the Court would not and gave a day to join in Demurrer and to have the Point argued and in Hillary-Term the Judges over-ruled their Plea and the Defendants were ruled to plead further but they would not whereupon Judgment was given against them upon a Nihil dicit That they should be imprisoned and not delivered till they had given Sureties for their good Behaviour and made a Submission and Acknowledgment of their Offences and they were also fined and what their Fines were you may read in the Appendix of the first Part of Rushworth's Collections But herein the Judges were not all of one piece for that venerable and honourable Gentleman Sir John Walter Chief Baron of the Exchequer and who was no placito-man dissented from the rest of the Judges whereupon the King discharged him from his Place I have heard my Father say that when Sir John received the King's Message he returned Answer that he was intrusted by the King in that Office quam diu bene se gesserit and that the Law was free for any Man to prosecute him if he had ill demeaned himself in it but to forsake his Station any other way implied Guilt which he was not conscious to himself of and therefore tho the King sent him his Quietus yet he retained the Perquisites of his Place to his Death A little before the Members Sentence in the King's Bench the King's Attorney exhibited an Information against one Chambers a Merchant for saying Merchants have more Incouragement and are less screwed up in Turkey than in England Chambers confest the Words but he spake them of the under Officers of the Customs who had much wronged him without reflecting upon the Government yet the Court fined him 2000 l. and to make a Submission which he refused as unjust and false The Fine was estreated into the Exchequer where he pleaded Magna Charta and other Statutes against the Fine it not being by legal Judgment of his Peers nor saving his Merchandise but the Barons would not suffer his Plea to be filed and afterwards he brought his Habeas Corpus but the Judges remanded him Thus you
find he ever repented of any of them But admit the King had this Power and also that the Opening Adjourning and Proroguing Terms and granting Commissions of Oyer and Terminer and times of their Sitting and Continuance for Executing Justice be Prerogatives inseparable to the Imperial Crown of which he is accountable to God only Yet if he shall not open the Terms or grant Commissions of Oyer and Terminer or if he does refuse to have Justice done between himself and Subjects or between his Subjects but instead thereof prorogue or adjourn Terms and withcall his Commissions of Oyer and Terminer and declare to Him only belongs the Power of opening the Terms and of granting Commissions of Oyer and Terminer and that he is only accountable to God for all his Actions would not this be a Failure of Justice and can any Man believe that he would be God's Vicegerent herein for the Good and Benefit of his Subjects The Act of the 25 of Edward the III determines what Treasons are cognisable by the King's Judges but the other Treasons at Common-Law are only determinable in Parliament and one of the chiefest Ends in calling Parliaments is when the Judges themselves or Ministers of State becoming corrupt and too great for the ordinary Courts of Justice they may be punished in Parliament it is therefore greater Injustice and infinitely more dangerous to the King and Subjects to deny the Nation this Right than to deny Justice to particular Subjects The King is Head of the Common-wealth and the Laws and Constitutions of the Nation unite them into one Body which if they cease there is neither King nor Common-wealth and by the 4 Edw. 3. c. 4. Parliaments shall be holden every Year and by 36 Edw. 3. c. 10. Parliaments shall be holden once a Year and oftner if need be that Grievances and Mischiefs be redrest How then does it become the King to glory that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to the Imperial Crown which in plain English is to say It is a Prerogative inseparable to the Imperial Crown to rend himself from his Subjects and to make himself neither King nor the Nation his Subjects But if the King be accountable only to God for his Actions how comes it that he so often appeals to the People by these Declarations against their Representatives or rather against the People and their Representatives to his own Minions and Flatterers which are worse than any other Rebels and Traitors for these appear barefac'd what they are whereas those steal away the Love and Obedience of his Subjects and provoke them either to be Rebels and Traitors or careless to assist him against such as are And this was the Case of Edward the 2d and Richard the 2d and now it comes fast upon this unhappy King for so hereafter he will ever be In September this Year the Dutch fell upon a Fleet of the Spaniards in the Downs so furiously as being 53 in Number made them cut their Cables and run 23 of them on Shoar whereof 3 were burnt 2 perished on the Shoar the Remainder of the other 23 were deserted by the Spaniards and mann'd by the English to save them from the Dutch the other 30 put to Sea of which only 10 escaped Yet the King however he gloried in being stiled Soveraign of the British Seas took no Care to vindicate this against the Dutch to whom he was now become as contemptible as to his Scotish Subjects Now let 's see how things stood in Scotland After the Pacification between the English and Scots yet full of Jealousy on either Part the King sent for 14 of the principal Covenanters to come to him at Berwick which the Scots refused and only sent Montross Lowden and Lowthian these three Lords seemed much mollified by what the King had granted and promised all Obedience to the King The King urged Hamilton to be his Commissioner which he refusing he made Traquair but tied him up to close Instructions and in August he indicts a General Assembly the Bishops protest against it and the Covenanters supplicate the Commissioners and Council that Episcopacy be declared unlawful and the Covenant subscribed by all the Scotish Nation which the Commissioners verbally consented to Here you must understand that the Covenanters make the Kirk a distinct Table or Body from the Civil of which Christ Jesus is the only Head and that the Parliament is obliged to pass all the Acts of a General Assembly so that though by many Acts of Parliament the Bishops Sitting and Voting in Parliament is ordained and confirmed yet the voting Episcopacy to be unlawful hath rescinded all those Acts of Parliament for Sublata Causa tollitur effectus Upon the 30th of October in 1639 the Parliament met but upon the Difference between the Houses and the Earl of Traquair about naming Lords of the Articles the Earl prorogues them to the 14th of November which the Parliament protest against and declare all Proceedings in Parliament to be as valid as if no Prorogation had been The Parliament hereupon appoint a Committee to represent this to the King and in the mean time to expect the King's Answer and make the Earl of Dumfermling and the Lord Lowden their Deputies to do it who coming without Warrant from the Earl of Traquair were commanded back again without Audience Then the King commands the Commissioner Traquair to prorogue the Parliament to the second of June in 1640 and that Traquair should come and give an account of the Matters proposed in Parliament and Traquair having gotten one of the Letters which the Covenanters had sent to the French King for his Protection and Assistance of the Covenanters subscribed by Rothes Montross Lesley Mountgomery Lowden and Forester brings this with him and delivers it to the King for which the Scots would never forgive the Earl but ever after deemed him an Incendiary This yet being unknown to the Covenanters they petition the King to permit them to send some of their Members to vindicate their Proceedings which the King did and they sent the Earl of Dumfermling and Lowden again The King when they came to London claps Lowden close Prisoner in the Tower and expected that this Confederacy between the Scots and French would be a means to procure the Parliament to assist him more powerfully against the Scots but the King having dissolved the Parliament he as suddenly dismist him as before he had committed him which did the King no good This unhappy King would as easily be excited to give harsh language as be put upon sudden Actions and as soon leave them and often proceed quite contrary And now the King taxes the Scots Proceedings to be Traiterous and Rebellious and causes a Paper published by the Scots after the Pacification to be burnt by the Hand of the common Hangman but the Scots insisted their Proceedings to be according to the Covenant which they could not
that rather than forsake their Seats in Parliament they 'll lose their Places at Court You have heard how my Lord Privy-Seal became Lord chief-Chief-Justice of the King's-Bench after which the King made him Earl of Manchester Lord Privy-Seal and President of the Council my Lord-Keeper Coventry was upright in all his Decrees but my Lord Privy-Seal sets up the Court of Requests to have a concurring Jurisdiction with the Chancery and Men whom my Lord Coventry did not please brought their Causes into the Court of Requests so that in a short time the Practice of this Court swell'd so much that my Lord Privy-Seal made more Clerks and Attorneys than ever was known before King Charles sent to the Bishop of Ely that he the King would have Hatton-House in Holborn for Prince Charles his Court and that the King would be at the Charges for maintaining the Bishop's Title tho the Bishop told me it cost him many a Pound so in the Bishop's Name a Suit was commenced in the Court of Requests for Hatton-House Before the new Buildings were built Hatton-Garden was the â—â—nest and greatest in or about London and my Lady Hatton had planted it with the best Fruit Vines and Flowers which could be got but upon commencing this Suit she destroy'd all the Plantations yet defended her Cause with all Opposition imaginable But at last in 1639 notice was given to my Lady to hear Judgment and at the day my Lady appear'd in Court when my Lord Privy-Seal demanded of my Lady's Counsel If they had any more to say otherwise upon his Honour he must decree against my Lady Hereupon my Lady stood up and said Good my Lord be tender of your Honour for 't is very young and for your Decree I value it not a Rush for your Court is no Court of Record And the Troubles in Scotland growing higher the King had no Benefit of the Decree nor my Lord any Credit in his Court ever after Nor were the Descendants of many of the King's Favourites more faithful to the King than their Fathers as the Lord Kimbolton Sir Henry Vane jun. Sir John Cooke Henry Martin c. Now when it was too late like a Man who begins his Business the last day of the Term the King seems to alter his Countenance and indulge another sort of Men in Church and State who were opposite to the Principles in Bishop Laud's Regency Dr. Williams censured and imprisoned in the Tower has all the Proceedings against him in the Star-Chamber and High-Commission revers'd and taken off the File and Mountague Bishop of Norwich dying in the beginning of the Parliament Dr. Hall is translated from Exeter to Norwich and Dr. Brownrig a most learned and zealous Anti-Arminian is made Bishop of Exeter c. my Lord Chamberlain Pembroke is removed and the Earl of Essex put in his place Sir Robert Holborn made Attorney-General and Oliver St. John Solicitor both which were Mr. Hambden's Counsel against the Legality of Ship-Money But neither these Actions nor the King 's repeated Royal Word could gain Credit with the Parliament I mean the Houses who tho at another time they would have dreaded a standing Army now resolve to maintain two till their Grievances were redrest And sure now it was a lamentable State the King was reduced to he that before rather than hear of what he had done did not care what he did and therefore dissolved four Parliaments now every day hears of what he had done yet cannot help it His Judges which before had refused to bail his Subjects committed by the King without Cause are themselves now committed against the King's Pleasure and no Bail to be taken for them The King's Customers who by the King's Order seized and sold the Merchants Goods for non-payment of Duties not legally imposed are themselves seized and fined more than they are worth Herein the King was only passive but the Houses would not stay here but tho the Commons at first impeached the Earl of Strafford before the Lords in their Judicial Capacity wherein the King's Consent was not actually necessary yet they after proceeded against him by Bill wherein the Attainder must be actually assented to by the King personally or by Commission which the King did my Lord Privy-Seal and the Earl of Arundel I believe very unwillingly being Commissioners and the same day passed an Act That the Parliament should not be Prorogued Adjourned nor Dissolved without their own Consent which proved as great a Grievance as the King 's proroguing and dissolving them at Pleasure And the passing these Laws so frightned my Lord Treasurer Juxton the Master of the Court of Wards and the Governor of the Prince that they all resign'd their Places Besides these the King passed an Act for a Triennial Parliament to meet if not by usual means then by others whether the King would or not And an Act for the utter abolishing the Star-Chamber and High-Commission Courts And to make it a Praemunire in every one of the Privy-Council to determine any Causes cognisable at Common Law An Act to abolish the Court of the Council and President of the North and an Act to rescind the Jurisdiction of the Court of Stanneries An Act to repeal the Branch of a Statute made the first of Eliz. cap. 1. to authorize Ecclesiastical Persons natural born Subjects of England to reform Errors Heresies Schisms c. An Act for declaring Ship-Money and all Proceedings therein void An Act for ascertaining the Bounds and Limits of the Forests as they were in the 20th Year of King James And an Act to prevent the vexatious Proceedings touching the Order of Knighthood These Acts thus passed the Houses thought themselves secure enough and so paid off and disbanded the English and Irish Armies and sent the Scots into their Country again The much greater part of the Gentry and also of the Members of both Houses would have been content to have staid here and many believed if the Parliament had met at York or Oxford they would but this could not be without disgusting the City of London from which only the Loan of 200000 l. could be raised for Payment of the Armies till Provision could be made by Parliament But it was decreed that things should not rest here and that the Faction in the House of Commons might get a Majority at one Vote as they order'd it they voted all those who had been instrumental in Monopolies or in Ship-Money or Collectors of the Customs out of the House and others to be chosen in their Places And the Rabble in the City in Tumults exclaim'd against the Bishops and Popish Lords Votes hereupon the Bishops enter their Protestations against all Proceedings till they might sit and vote freely whereupon they are committed to the Tower and a Law was passed to disable the whole Hierarchy for the future to have any Place in Parliament As the Scots began their Reformation with a Covenant so the Commons began theirs with a
assume to themselves the Supream Power of Ordering the English Affairs confirm the Vote of Non-Addresses to the King and raze the Votes of having a Conference with the King and the Declaration that the King's Concessions were a sufficient Ground for a Peace out of the Journals of the House And vote first that all Power resides in the People Secondly That the Power belongs to the Peoples Representatives in the House of Commons Thirdly That the Votes of the Commons have the Force of a Law without the King Fourthly That to take Arms against the Representatives of the People or the Parliament is High-Treason Fifthly That the King himself took up Arms against the Parliament and therefore is guilty of all the Blood shed in this Civil War and ought by his own Blood to expiate it The Nation was astonished at these Votes for the Person of the King of England was ever esteemed Sacred and therefore tho his Ministers were always accountable in Parliament for using or abusing the Name of the King to gratify their Ambition and wicked Designs against the King or Kingdom yet in no time was any King of England arraigned and judged to die by his own Subjects and tho Edward the Second Richard the Second Henry the Sixth and Edward the Fifth were murdered by wicked Men yet none of these suffered upon pretence of Justice But lame-footed Vengeance shall overtake both Rump and Army and as they both joined by Force to impose these upon the King and Nation so both without Force or any Man kill'd in their Defence shall be cashier'd with all imaginable Ignominy and Reproach These Men whom nothing but the King 's and his Loyal Subjects Blood could satiate against Law shall by Law have their own Blood shed in the most terrible manner the Law can inflict these Men who would have the Crown and Church-Lands for their Avarice shall either die or be hang'd as a Company of Beggars Oliver's Heir being undone to pay the Charge of his Father's Funeral or those who had Estates shall forfeit them to encrease the Revenues of the Crown The Regicides to put the best Face they could upon this audacious Act send the Bill for Trial of the King up to the Lords for their Concurrence but so far were the Lords from concurring that they threw the Bill over the Bar Hereupon the Rump vote the Lords dangerous and useless yet Henry Martin said they were useless but not dangerous Then the Rumpers advise with the Judges about the Trial of the King who unanimously declare it against Law and the Scots Commissioners protest against it But neither Authority Law nor Reason would take place with those Men so they erect a new Court never heard of before called a High Court of Justice for the Trial of the King to consist of I think Seventy two thirds of which were Souldiers who by putting the King to Death expected the Reward of the Inheritance both of the Crown and Church If it be Misery to have been happy to what a miserable State have these cursed Minions Flatterers and Sycophants brought one of the greatest and most high-born Princes in the Western World to gratify their Ambition Lust and Avarice for this Prince whom they would have to rend his Subjects from their Laws has now no Subjects who dare protect him by the Laws He who before so often gloried that to him alone belonged the Power of Proroguing Adjourning and Dissolving Parliaments who never did him Wrong but met to assist him against those who wronged him and to have reconciled him to his Subjects has now no Power to dissolve this Rump of a Parliament which will not be reconciled to him He who before so often called his truly Loyal Subjects Undutiful Seditious and Vipers Terms unusual in Princes shall hear himself call'd Tyrant Murderer and Traitor by his implacable Subjects He who before so often gloried he was only accountable to God for all his Actions shall be now called to an Account by a company of Men for Actions whereof they themselves were much more guilty and be sent to God to pass his Accounts there also For upon the 20th of January the King was haled before this Assembly where he was charged of Treason Tyranny and Murder for raising War against the Parliament and People of England Tho it 's evident the Members seiz'd the Militia the Tower of London and Fleet which Powers were inherent in the King and shut him out of Hull and granted Commissions for levying Souldiers before the King set up his Standard at Nottingham But admit the King did first raise Arms to have forced the Parliament and first actually set up his Standard against them and that was a Crime yet was the Regicides Crime greater who had forced the Parliament and set up themselves instead of it The King now too late flies to the Laws of the Land for his Protection protests against the Jurisdiction of the Court as established by no Legal Authority and declares his Life was not so dear to him as his Honour and Conscience and the Laws and Liberties of his People and that he will lose his Life rather than submit to such a Tyrannical Court And at last the King desired to be heard before the Lords and Commons in some things which concerned the Peace of the Kingdom and Liberty of the Subjects but this too was denied And so the 4th day after this Appearance Bradshaw the President gave Sentence upon him to lose his Head all the Court to the number of 67 owning it by standing up Which Sentence was executed the 30th of January The Character of King Charles the First THus fell one of the greatest and most high-born Princes of the Western World In his Person he was somewhat more than ordinarily tall and the Composition of it was framed in most exact natural Proportion of Parts so that he was very active and of a fine Mein in his Motion which was commonly more than ordinarily fast yet he appeared best on Horse-back and excelled in managing his Horse so that when he was in Spain in sight of the King Queen the Infanta's and the Infanta Maria whom he courted or at least seemed to do so and innumerable other Spectators he took the Ring in his first Course His Visage was long and appeared best when he did not speak for he had a natural Impediment in his Speech and would often stutter in it especially when he was in Passion To these Natural Endowments may be added a Temperance in Eating and Drinking and Chastity tho his Enemies unjustly traduced him otherways rarely to be found in Princes He was born in Scotland about two Years before his Father became King of England and being bred from his Infancy in a most luxurious and flattering Court tho he avoided the Luxury of it yet the Flattery of it took such deep Root in him that he would never permit free Counsel to take any Impression in him In his Nature
Articles of Agreement were agreed upon between the supposed Conspirators and the Cardinal in April 1658 but here Cromwel was at greater Charge for his Fleet than Mazarine for his Army and Cromwel had out-bid Mazarine for the Bargain but little Money was to be paid before the Town was surrendred The Agreement being made upon the 14th of May 1658 the Fleet appeared before Ostend and the Garison in the Fort permitted the French to pass and land but the Governour fearing if the English Fleet should enter they might endanger the Town with his own Hands pulled down the white Flag and set up the bloody Flag but before the English Fleet could tack about it was sore galled by the Artillery planted upon the Fort before it could get out of their reach and the French which landed were killed or taken every Mother's Son to the number of 1500 the Marshal was of the number of the Prisoners This Story is pleasantly and particularly printed in Spanish by one of the Agents translated into English under the Title of Harm watch Harm catch Mazarine with much ado got his Men again which were not killed but how shall Cromwel get his Money again of which he had more need than Mazarine had of his Men nor would Mazarine part with one Groat he had been out of Pocket too much to redeem the French By this time Cromwel was in ill Plight hated of all Factions as much as of the Royalists he had nothing to trust to but a Mercenary Army which he could not pay and above half of these would have been content to have his Throat cut His Means would not pay for the Intelligence he was forced to buy at home and abroad to discover the Practices which were every day hatching against him So as he had no Security but in the general Fear which all the Factions as well as he had that their Discords might give an Occasion of restoring the King to the ruine of them all Nor were their Fears without Ground for at this time there was an Inclination of the Royalists in all parts of England to rise and the Marquess of Ormond was sent by the King to encourage it having gotten a Company of Men together beyond Sea under the Command of General Marsin to assist them But Cromwel had his Spies every where who betray'd all the principal of these Spies was Sir Richard Willis who was always upon his Discovery of these Plots one of the first committed to the Tower and one Corker who had served King Charles the First and was one who assisted in killing Rainsborough at Doncaster so as Cromwel nipp'd all in the Bud before they moved Yet notwithstanding all his Diligence Ormond made his Escape only to give the King an Account of the Discovery and Ruine of his Design Though the Royalists could draw no Blood from Cromwel yet he resolved to take some from them yet would not do it by Juries having had such ill Luck with them but by a Court of Justice of his own Creatures and Nomination headed by Lisle Before these were haled my Lord Mordant Sir Henry Slingsby Dr. Hewet the two Staleys Woodcock Mallery Rivers Dike and many others Dr. Hewet denied their Jurisdiction and was condemned for Contumacy Sir Henry Slingsby pleaded yet was condemned my Lord Mordant was acquitted by the Majority of one Vote when â—ride came in who if he had been there had turned the Scales and Woodcock behaved himself so well as he was acquitted The rest were condemned yet some for Money got their Pardons and others who had not so much Money for somewhat less and swearing themselves out of the Plot saved their Lives Sir Henry Slingsby and Dr. Hewet were beheaded others hanged and quartered Yet this good Success gave little Comfort to Cromwel for to all his former Disturbances were added the Disorders of his own Family his Son-in-law Fleetwood and Brother-in-law Desborough caballing with the Republicans and Dissenting Officers so as they rarely visited him tho Cromwel to sweeten Fleetwood promised to name him his Successor and to these Lambert since his Discarding joined Cromwel having so little Dependance on his Army sets up another of Voluntiers to have Eight â—ounds a Year apiece to be ready to serve him These were a Company of Fellows who as their Pay was little so were their Horses Jades and lean and a Troop of any Army-Horse would beat ten of them yet they served Cromwel so far as to seize Malignants whenever he sent them and were Spies over all suspected Persons and to inform him of their Demeanour All the Joy Cromwel had in these Anxieties and Inquietudes was in his beloved Daughter Cleypole who even to his Heart-breaking died the 6th of August 1658 and upon the third of September following he himself followed her in a terrible Storm of Wind a day upon which at Dâ—nbar in Scotland and Worcester in England he had sent so many thousands before for which he then was to give an Account However Cromwel lived yet when he died all the Flattering Poets strained their Wits to that Pitch to celebrate his Encomiums so as that they could never after arrive to it The Good Deeds of Oliver Cromwel THUS in some measure and in Epitome you have seen if not the Life yet the Rage of Cromwel in his Usurpation in which as I have said nothing of him for Spite having never done me any Wrong but what was common to all the Nation so I think in Justice I ought to do him Right wherein as I conceive he deserved well of the Nation 1. By Blake he more humbled and subdued the Algerine Tripoli and Tunis Pirates than ever any before or since did 2. Westminster-Hall was never replenished with more learned and upright Judges than by him nor was Justice either in Law or Equity in Civil Cases more equally distributed where he was not a Party 3. When the Norway Traders represented to him the Mischief and Inconveniences the Act of Navigation brought upon the Nation which may be at large said elsewhere Cromwel during his time dispensed with it and permitted the English to trade to Norway for Timber Masts Pitch Tar and Iron as before the Act And by a Law made in Cromwel's Third Parliament in June 1657 which was but five Years after the Rump's Act of Navigation Licence is given to transport Fish in Foreign Bottoms See Whitlock's Memoirs f. 661. a. So little then was the Act of Navigation regarded 4. Tho Cromwel play'd the Fool in making War upon Spain and Peace with France yet he made a more advantageous Treaty of Commerce for the English to France than before they had I have not seen it but had this from our English Merchants who traded to France 5. Tho Cromwel joined Forces with the French against the Spaniard yet he reserved the Sea-Towns conquered from the Spaniard to himself so had Dunkirk and Mardike delivered up to him and would have had Ostend if the Garison
had not cheated both Mazarine and him thereby to be Arbitrator over the French as well as Spaniard when he pleased 6. Cromwel out-vied the best of our Kings in rendring our Laws to the Subject in the English Tongue for tho Edward the Third the most Excellent of our Kings permitted Pleading in the English Tongue yet he went no further whereas Cromwel rendred not only the Pleadings but Practice and Laws themselves into the English Tongue and herein he imitated our Saviour common Justice and the Practice of the most Learned and Civilized Nations I say he imitated our Saviour who after his Ascension wrought his first Miracle by inspiring his Apostles to speak all Languages to teach the Gospel to all Nations in their Native Tongue and by the same reason all Nations ought to be instructed in their Laws in their own Tongue I say this is conformable to common Justice for all Laws ought to be a Priori for where there is no Law there is no Transgression and if Laws be rendred in a Tongue not understood it 's all one to those who understand not the Language as if there had not been Laws The Romans and Grecians who were the most Learned and Civiliz'd of all Nations would never endure a Foreign Word in any of their Laws lest the Subject through Ignorance of it might be unjustly punished when 't was not his fault When Caesar was murder'd in the Senate and the Senators were ready to cut one another's Throats Cicero cried out Let there be an Amnestia and for the future the Power to reside in the Senate And you may read in his second Philippicks the long Apology he makes for suddenly using this Foreign Word in the Senate And Tiberius asked leave of the Senate to use Monopolion because 't was foreign to the Latin And the Romans as well as Grecians not only instructed Youth in their Laws but in all Arts and Sciences in their Mother-Tongue and thereby became the most Learned of all Nations But these good Deeds of Cromwel you 'll soon see will not long out-live him CHAP. III. A Continuation of this Treatise from the Death of Cromwel to the Restoration of King Charles the Second AFter the Death of Cromwel there was some Grumble between the Republican Officers of the Army and Protectorian who should succeed Those said that Cromwel when he was well promised his Son-in-law Fleetwood that he should succeed but these said That tho Cromwel was sick yet he declared his Son Richard his Successor and that this was his last Will And besides Cromwel's Council which by the Instrument of Government had the Power had elected Richard and so Richard was proclaimed Protector in all the publick Places of England Scotland and Ireland Richard thus seated not only the Protectorian but the Officers of the Republican Faction congratulate him and under their Hand-writing promise to be true to him and what Cromwel so industriously obtained from the Mercenary Officers of the Army in England and Scotland to congratulate him in his assuming the Protectorian Dignity and to assist him in it with their Lives and Fortunes is now voluntarily done by numerous Companies of Sycophants from all Parts of the Nation to the number of ninety Congratulatory Addresses which Richard had as little good of as King James II. had from those above thirty Years after When they flatter'd that Prince in those things which tended to the Subversion of the English Constitution both in Church and State But Richard's wandring Joys faded in the Bud For after his Father's Funeral the Pomp whereof undid him the Republican Officers cabal and conspire to depose Richard and exalt Fleetwood and in two respects they say Fleetwood ought to be Protector one that he was truly Godly and an expert Leader and had been tried to be so in many Difficulties The other Cromwel had by his last Will when he was Compos Mentis design'd him his Successor whereas Richard was substituted in a surreptitious manner by the Craft of some of the Council when Cromwel had lost his Senses Lambert after he had been discarded by Cromwel betook himself to Wimbleton-House where he turned Florist and had the fairest Tulips and Gelliâ—â—owers that could be got for Love or Money yet in these outward Pleasures he nourished the Ambition he entertain'd before he was cashier'd by Cromwel And in these Dissensions as Tortoises do upon the approach of the Spring he comes abroad and becomes a prime Ring-leader in the Cabal and in due time shall be the Ruin of them all The first thing they agree upon was to restore the common Souldiers to their former Pay which Cromwel had retrench'd two Pence a day And herein they shew their good Will as Dego did but how to pay the Souldiers they could no more tell than how Dego's Executors should pay his Legacies In this Kindness to the common Souldiers the Officers did not forget themselves and charge the Memory of Cromwel that he ruled over them with a Tyrannical and Despotical Power turning out and putting in Officers by his own Will therefore they petition Richard That for the future no Souldier be turned out of his place without a Council of War nor any Action brought but by Martial Law That no Souldier be tried in any Criminal Case but in a Court-Martial and that the Souldiers have Power to chuse their own General Richard was Head of no Faction as his Brother Fleetwood was nor was his gentle and easy Nature a â—it Match to encounter the intriguing Designs of Lambert or resist the rude Attacks of his Clownish Uncle Desborough and so foresees no Help to be had for his Security but from a Parliament Therefore Richard summons a Parliament to meet at Westminster upon the 27th of January 1658 of the Composition made by his Father of this and t'other House this to consist of 400 English 30 Scots and as many Irish This and t'other House met accordingly when this House fell at Variance with t'other House by what Right they sat there Nor did this House agree better with the Scots and Irish sitting there having no Right to sit and vote with the free-born English they being conquer'd Slaves and Creatures of the Protector Nor did the Republican and Protectorian Factions agree better However all agreed to recognize Richard Protector of England Scotland and Ireland yet would not agree to Cromwel's Instrument of Government but inveighed bitterly against it as being extorted from a lame Parliament that was neither â—ull nor free But they recalled Overton who was imprisoned in Jersey by the Arbitrary Will of Cromwel and made an Ordinance against the meeting of the Officers of the Army to hold Consultations till the Parliament should determine Affairs This Ordinance stung the Caballing Officers to the quick so that they resolved to be rid of Richard and his Parliament too but how to do this or where to begin admitted of great Debate For to begin at Richard now the Parliament
made out the Popish Faction would lose the Tories and Passive-Obedience-Men who at present were their dearest Joys and without them they had not Means to carry on their Design of propagating the Catholick Cause they were sure of the King tho it 's believed he loved not the Duke of York and therefore the King made three Declarations the first of the second of June 1679 wherein he calls the Report of his Marriage or Contract with Mrs. Walters alias Barrow the Duke of Monmouth's Mother false and scandalous and upon the sixth of January following declared that they who should say he was married or contracted to the Duke of Monmouth's Mother were neither his nor the Duke's Friends and declared in the Presence of Almighty God that he was never married nor contracted to any other Woman but his Wife Queen Catherine and upon the third of March following declared in Council and entred it into the Council-Books in the Presence of Almighty God that he was never contracted or married to any other Woman but his Wife Queen Catherine and the Popish Party were sure enough no Issue would spring from thence to the Prejudice of their Cause And that the King might gratify this Faction as well as he had done the Nation in sending the Duke of York out of it he sends the Duke of Monmouth after him but the Duke being informed that Banishment is a Punishment which the King cannot inflict upon any Man unless he be convicted of some Crime the Duke of Monmouth returns again and the Duke of York followes him with this different Success that the Duke of Monmouth had all his Places of Profit and Trust taken from him and the Duke of York was sent High Commissioner into Scotland where the Duke of Monmouth's Victory at Blackborn had left a clear Field in Scotland for the Duke of York to play what Game he pleased but how well this agreed with the King's Speech at the opening of the Parliament That he had commanded his Brother to absent himself from him because he would not leave malicious Men room to say that he had not removed all Causes which could be pretended to influence him to Popish Councils a little time will shew but before we take a View of the Duke of York's Actions in Scotland it 's fit to see how things were carried on in England between the Dissolution of the Parliament and the meeting of the next or third Westminster-Parliament of this Reign The King by Proclamation dissolved the Parliament upon the 12th of July 1679 and issued out Writs for the meeting of another the 17th of October following but like the usual Methods of other things in this Reign when they met he prorogued them to the 26th of January following and then prorogued them to the 5th of April following viz. 1680 and from thence to the next 17th of May And when they then met prorogued them to the first of July and from thence to the 21st of October when he graciously declared they should then sit And now let 's see what 's doing in the mean while for the discovery and suppressing of the Popish Plot. To humour the Court the Tory Party set their Wits to work to ridicule the Popish Plot and Roger L'Estrange as Pensioner of the Party comes weekly or oftner out in defiance of it who is Party Judg Licenser and Rifler of the Press whilst his Antagonist Care who wrote The Weekly Packet of Advice from Rome wherein he discovered the Frauds and Superstitions of that Court and Church is not only thereupon arraigned convicted and sentenced for printing illicite or without Licence but by an Order of the Court of King's Bench it was ordained That the Book intâ—led The Weekly Advice from the Church of Rome or the History of Popery shall not from thenceforth be printed or published by any Person whatsoever Then a Design was set on foot to throw the Popish Plot upon the Presbyterians by leaving Papers of a Plot in the Lodgings of the principal Persons who were active in the discovery of the Popish Plot and then to search their Houses and prosecute them upon it and these Papers to be given in Evidence against them Mrs. Cellier was a principal Agent herein and Dangerfield as her Instrument at first made an Attempt herein upon Colonel Mansel who was prosecuted upon it but the Examination of it was referred to Sir William Jones then Attorney General upon whose Report of it to the Council they thereupon voted Colonel Mansel innocent and Dangerfield guilty and that this was a Design of the Papists to lay the Plot upon the Dissenters Charge and a further Proâ— of the Popish Plot. But this was such a Crime in Sir William Jones that he was soon after put out of his Place and Sir Robert Sawyâ—â— put in who would not venture the loss of his Place for such another Report By this time my Lord Chief Justice's Zeal which he professed for discovery of the Popish Plot was inverted into the quite contrary and he was not of the Opinion of the Council For after this Dangerfield procured his Pardon and then discovered the whole Plot which he printed hereupon Mrs. Cellier was prosecuted and tried before my Lord Chief Justice Scroggs upon the eleventh of June 1680. and Mrs. Cellier excepting against Dangerfield's Evidence he having his Pardon the Case was sent to the Court of Common-Pleas for their Judgment upon it who gave it that Dangerfield's Evidence was good yet let any Man read the Trial and see how the Chief Justice rated and vilified him so as Mrs. Cellier was quit and after the Trial committed Dangerfield to Prison upon the account there was a Defect in his Pardon though it was not then before him whether there was any Defect in his Pardon or not Then the Popish Party set another Design on foot to suborn the Discoverers of the Popish Plot for which Mr. Reading was tried and committed and also to suborn defame and scandalize the King's Evidence in the Discovery of the Popish Plot for which Thomas Knox and John Lane were convicted upon the twenty fifth of November 1679 and John Tasborough and Ann Price upon the third of February following Another Step towards the Discovery of the Popish Plot and Subversion of Popery was to discharge those in Prison upon it and in order to it you may read in the Trial of Sir George Wakeman Corker and Marshal what a Stress my Lord Chief Justice Scroggs put upon Oates his not accusing Sir George Wakeman upon his Letter before the Council when Oates was so tired weak and confounded with his other Evidence that he was scarce able to stand and how the Chief Justice repeats this and bids the Jury weigh it well and not be amazed or affrighted at the noise of Plots and that Sir Wakeman's Corker's and Marshal's Blood lie at Stake as did his and the Juries Souls c. And in my Lord Castlemain's Trial how he undervalued
not foreknown and ordered to be taken into Custody tho in Northumberland and Yorkshire and rarely I think any of them were discharged without paying their Fees but what Fees was what the Serjeant pleased nay the Commons outrun all which was ever thought of before For on Tuesday the 14th of December having voted one Mr. Herbert Herring to be taken into Custody and Mr. Herring absconding from being taken the House resolved That if he did not render himself by a certain Day they would proceed against him by Bill in Parliament for endeavouring by his absconding to avoid the Justice of the House Though I doubt the Lords in the Temper they were in nor the King neither would have passed such a Bill It was strange methought that the Commons should be so zealous against any Arbitrary Power in the King and take such a Latitude to themselves which puts me in mind of a Story I have heard of an old Usurer who had a Nephew who had got a Licence to preach and the Uncle having never done any thing for his Nephew he resolved to be revenged upon his Uncle in a Sermon which he would preach before his Uncle in the Parish where he lived and made a most invective Sermon against Usury and Usurers but after the Sermon was done the Uncle thank'd his Nephew for his good Sermon and gave him 2 Twenty-shilling Pieces the Nephew was confounded at this and begg'd his Uncle's Pardon for what he had done for he thought he had given him great Offence No said the Uncle Nephew go on and preach other Fools out of the Conceit of Vsury and I shall have the better Opportunity of putting out my Money Yet so zealous were the Commons against Popery and Arbitrary Power that upon the 15th of December they resolved that one Mean for the Suppression of Popery is That a Bill be brought in to banish immediately all considerable Papists out of the King's Dominions And that a Bill be brought in for an Association of all his Majesty's Protestant Subjects for the Defence of his Majesty's Person the Defence of the Protestant Religion and for the Preservation of his Majesty's Protestant Subjects against all Invasions and Oppositions whatsoever and for preventing the Duke of York or any other Papist from succeeding to the Crown And upon the 16th of December the Commons read another Bill the first time for exempting his Majesty's Protestant Subjects dissenting from the Church of England from the Penalties imposed upon the Papists and upon the 18th ordered a Bill to be brought in to unite his Majesty's Protestant Subjects In this Ferment of the Commons this Parliament they run counter to the Commons of the last Parliament for then they chose Mr. Edward Seymour to be their Speaker and when the King refused him they were much disgusted but in this Parliament the Commons the 25th of November impeached him upon four Articles and a Motion was made for an Address to be made to remove him from his Majesty's Council and Presence And in the last Parliament the Commons would not proceed to the Trial of the Popish Lords in the Tower before the Lords should give their Judgment upon the Earl of Danby's Plea whereas in this Parliament they proceeded to the Condemnation of my Lord Stafford without taking any notice that I can find of having the Lords Judgment upon the Earl's Plea The Commons took Care also to prosecute and impeach all those that countenanced the Popish Plot or were Abhorrers of petitioning the King for the Meeting of the Parliament in the manifold Prorogations of it and voted That it is and ever hath been the undoubted Right of the Subjects of England to petition the King for the Calling and Sitting of Parliaments and Redress of Grievances And that to traduce such petitioning as a Violation of Duty and to represent it to his Majesty as tumultuous and seditious is to betray the Liberty of the Subject and contributes to the Design of subverting the antient legal Constitutions of this Kingdom and introducing Arbitrary Power The first that fell under these Votes was Sir Francis Withens after made a Judg a Member of the Commons whom they voted to be a Betrayer of the undoubted Rights of the Subjects of England and ordered him to be expelled the House for this high Crime and to receive the Sentence at the Bar of the House kneeling which he submitted to The next was Sir George Jefferies then Recorder of the City and ordered that an humble Address be made to the King to remove him out of all publick Offices and that the Members which served for the City should communicate this Vote to the Court of Aldermen Upon this Account tho the Commons discriminated the Crime they ordered Sir Giles Philips and Mr. Coleman to be sent for into Custody of the Serjeant at Arms for detesting and abhorring the petitioning for sitting of the Parliament and voted it a Breach of Privilege of Parliament the like the Commons did by Captain William Castle Mr. John Hutchinson Mr. Henry Walrond Mr. William Stavel Mr. Thomas Herbert Sir Thomas Holt Serjeant at Law and Mr. Thomas Staples and because Sir Francis North Chief Justice of the Common Pleas advised and was assisting in drawing up a Proclamation against petitioning for the sitting of the Parliament the Commons voted That it was a sufficient Ground for the House to proceed against him for high Crimes and Misdemeanours The like Vote passed against Sir Thomas Jones one of the Judges of the King's Bench and Sir Richard Weston one of the Barons of the Exchequer I do not find these Votes went further but the Commons actually impeached Sir William Scroggs of High Treason for discharging the Grand Jury of Middlesex before they had finished their Presentments and for the Order made in the King's Bench against Care 's Pacquet of Advice from Rome 〈◊〉 the History of Popery that it should be no more printed or published by any Person whatsoever I do not find the Articles particularly recited but they were ingrossed upon the 7th of January and the Impeachment carried up to the Lords by my Lord Cavâ—â—dish and received by the Lords Note in this common Danger the Commons ordered Leave to bring in a Bill for a general Naturalization of all Protestant Aliens giving them Liberty to exercise their Trades in all Corporations Now it 's time to see wherein the Lords and Commons did agree and wherein they ran counter The Lords agreed with the Commons in repealing the Act of 35 Elizabeth viz. for Payment of 20 l. per mensem for every Man who resorted not to his Parish-Church being so terrible a Law that it lay dormant above 80 Years and in the Feuds between the Tories and Whigs it was begun to be put in Execution which the Commons apprehending would make a Breach so wide as to let in Popery which would make no Distinction between Dissenters and the Sons of the Church they brought in a Bill
the others were so that they proceeded where the last Commons left and sat but seven Days wherein they had these foâ—â— Considerations under their Debates first the preparing a 〈◊〉 against the Duke of York's Succession the second the taking the Bill of the Repeal of the Act of 35 Eliz. out of the House of Lords the third an Inquiry into Fitz-Harris's Business the fourth a Prosecution against the impeached Lords in the Tower The Commons spent the three first Days in choosing their Speaker and confirming him and in taking Oaths as the Laws direct so that it was Thursday the twenty fourth of March before they entred upon any Business and being dissolved upon the Monday following they could make but little Progress upon the four Particulars aforesaid and each of them was so green that the Court would not endure much Enquiry into any one of them Upon the Debate of Fitz-Harris's Business one of the Members reported how that one Hubert had confessed that he had fired the City of London upon which the House resolved to examine him next Morning but before the House sat next Morning Hubert was hanged to prevent it and they remembred there was a Design to have tried the Popish Lords in the Tower by Indictment to prevent which the Commons exhibited general Impeachments against them with that Success that the Lords were never tried upon Indictments and the Judges gave their Opinions they could not Hereupon the Commons ordered an Impeachment of Fitz-Harris upon Friday the twenty fifth of March and ordered Sir Lionel Jenkins to carry it up to the Lords who at first refused it saying The sending of me upon this Message reflects upon my Master the King and do what you will I will not go Hereupon seveveral moved to call him to the Bar and several Speeches were made of his Offence but at last he relented and carried up the Impeachment to the Lords but the Lords threw it out But the Lords having thrown out the Impeachment the Commons the next Day being Saturday the twenty sixth ran high in their Debates upon it One said this was to have no further use of a Parliament but to serve a present Purpose Another said Indictments were brought against the Lords in the Tower yet that was no Impediment against their Impeachment in the Lords House and the last Day of the last Sessions of Parliament the Lords accepted an Impeachment of the Lord Chief Justice Scroggs and that this Denial of Justice by the Lords was greater than my Lord Chief Justice Scroggs's Denial of taking Presentments from the Grand Inquest of Middlesex by how much the Commons of Parliament are the great Inquest of the Nation Another said this is a new Plot against the Protestants of which Fitz-Harris is accused and the Commons impeach him and the Lords say We will not hear it and that if it were not for the Lords Fitz-Harris might have discovered all the Conspiracy and the Protestant Religion might have been saved and therefore moved That the denying this Impeachment tends to the Subversion of the Constitution of the Parliament and of the Protestant Religion Another said That this was a Confirmation of the Design to murder the King and the Duke consenting to destroy his own Brother and our King and therefore moved That if any Judg Justice or Jury proceed upon Fitz-Harris and he be found Guilty That the House would declare them guilty of his Murder and Betrayers of the Rights of the Commons of England to which was added upon the Motion of Sir W. J. or that any Inferiour Court shall proceed c. which was passed The Reason of these Votes were That if Fitz-Harris were tried upon an Indictment he must have been tried singly upon the Fact whether he were guilty or not of contriving and dispersing the Libel but upon an Impeachment the Commons might enquire into the whole Conspiracy Sunday March 27. The Houses sat not and the next Day Monday 28 in the Morning the King came suddenly and unexpectedly to the House of Peers and sent for the Commons and dissolved the Parliament and immediately took Coach and drove to Windsor leaving both Houses in an Amaze and the City of Oxford in a Hubbub If it were Sir William Jones who wrote the just and modest Vindication of the two last Parliaments viz. the last Westminster Parliament and this at Oxford pag. 393. he says The Peers at Oxford were so wholly ignorant of the Council that they never thought of a Dissolution till they heard it pronounced yet the Dutchess of Mazarine published the News at St. James ' s many hours before it was done If the Nation as well as the Parliament and City of Oxford were amazed at this Dissolution and Manner of it they were not less with the Declaration that followed it which though the King did not communicate to the Council till Friday the eighth of April yet the next Page says Monsieur Barillon the French Embassador read it to a Gentleman upon the fifth of April before and demanded his Opinion of it which the Embassador might better remember because of the great Liberty the Gentleman took in ridiculing it to his Face It 's observable that that Declaration was printed in French as well as English and many Gallicisms in it and particularly That it was a Matter extreamly sensible to us which was a Form of speaking peculiar to the French and unknown to any other Nation The Substance of the Declaration contained the Dissatisfaction the King took at the two Westminster Parliaments that they gave him no sutable Return to support the Alliances which he had made for the General Peace of Christendom nor for the further Examination into the Plot nor for the Preservation of Tangier and for their Votes That no Man should lend any Money upon any Branches of the Revenue or buy or pay any Tally of Anticipation upon any part of the King's Revenue This was not so for the Commons restrained them to the Custom Excise and Chimney-money given for other Ends see the Votes that they passed a Vote That the prosecuting of Protestant Dissenters was a Grievance to the Subject c. by which they assumed to themselves a Power of suspending Laws So the Commons might do any other Law found by Experience to be grievous and dangerous to the Subject and must do so in order to repeal such Laws and did not the King do so twice before by his Declaration of Indulgence though to a contrary End to what the Commons intended That these Proceedings caused him to dissolve that Parliament and to assemble another at Oxford who had warning given them of the Errors of the former and were required to make the Law of the Land their Rule and adding that he would not depart from what he had formerly declared concerning the Succession yet declared he was ready to hearken to any Expedients by which the Religion established might be preserved yet the Monarchy preserved viz. How
purpose 3. Oates said Turbervile said a little before the Witnesses were sworn at the Old-Baily That he was not a Witness against Colledge nor could give any Evidence against him and that after he came to Oxford he had been sworn before the Grand Jury against Colledge and that the Protestant Citizens had deserted him and God damn him he would not starve John Smith swore Colledge's speaking scandalous Words against the King and of his having Armour which he shewed Smith and said These are the things that will destroy the pitiful Guards of Rowley and that he expected the King would seize some of the Members of Parliament at Oxford which if done he would be one should seize the King that Fitz-Gerald had made his Nose bleed but before long he hoped to see a great deal more Blood shed for the Cause that if any nay Rowley himself came to disarm the City he would be the Death of him 4. To confront this Evidence Blake testified that Smith said Haynes's Discovery was a Sham-Plot a Meal-Tub-Plot Bolron said Smith would have had him swore against Sir John Brooke my Lord Shaftsbury and Colledge things of which he knew nothing and told him what he Bolron should swear lest they should disagree in their Evidence Oates testified Smith said God damn him he would have Colledge ' s Blood and Mowbray testified that Smith tempted him to be a Witness against Colledge and Sir John Brooke and said if the Parliament did not give the King Money and stood on the Bill of Exclusion that was Pretence enough to swear a Design to secure the King at Oxford And Everard and others testified Smith said he knew of no Presbyterian or Protestant Plot and said Justice Warcup would have perswaded him to swear against some Lords a Presbyterian Plot but he knew of none These were the material Evidences thus confronted which should prove Colledge's Treason and Misdemeanour for taking away his Life But this Evidence was so baffled that for Shame the King's Counsel never play'd them after against any other but my Lord of Shaftsbury but were forced to set up for new against my Lord Russel Colonel Sidney c. Objection In criminal Cases especially of Treason if Evidence did not arise from the Conspirators who are supposed to be ill Men scarce any other means can be found for preventing or punishing these and that Dangerfield was of an ill Fame and Dugdale Smith and Turbervile were Witnesses in Discovery of the Popish Plot and so their Evidence is to be credited as well in this as in the Popish Plot. Answer Nor would the Popish Plot have been believed if it had no Foundation but the Credit of the Witnesses but Coleman's Letters Sir Godfrey's Murder and Harcourt's Letters of it that Night to Evers my Lord Aston's Confessor c. gave more than sufficient Evidence of the Popish Plot beside the Evidence in the Popish Plot did arise from the Evidence of their own Accord not hired and sought to give it as in this And can any Man believe that Colledge so zealous a Protestant should design the Destruction of the King and contrive it by Papists to whom he was so averse And it were Madness to think Colledge could do this alone for none of all the Evidence swear any other to be concerned with him in it There were other Evidence against Colledge viz. Mr. Mâ—sters Sir William Jennings about Words which Colledge should speak and Atterbury Seywel and Stevens concerning finding Pictures in Colledge's Possession when they seized him but as Mr. Hawles observes these by no Law in England could be made Treason admitting all they said to be true But tho at Colledge this Scene began and he was executed as a Traitor it did not end in him as he prophesied For Colledge's Blood was too mean a Sacrifice to appease the offended Ghosts of the martyred Roman Saints and was but an Inlet to spill nobler Blood therefore upon the 31st of August he was executed and upon the 24th of November following 1681. the Earl of Shaftsbury had a Bill of High Treason at the Sessions of the Old-Baily London preferred against him I will not here curtail any of the Remarks which Mr. Hawles has made upon this Bill or the Trial of my Lord Russel Colonel Sidney's Mr. Cornish's and Wilmer's Trials but leave them entire to the Reader it 's enough for me to shew how well the King by these Trials made good his Declaration of preserving the Protestant Religion and his utmost Endeavour to extirpate Popery yet I shall make some Remarks upon my Lord Shaftsbury's Case which Mr. Hawles either has not or not so fully Upon the 20th of April 1679 the King after he had sent the Duke into Holland dissolved his old Privy Council and chose a new one whereof the Earl of Shaftsbury was President and in Parliament declared the ill Effects he had found of single Councils and Cabals and therefore had made Choice of this Council which next to the Advice of his great Council of Parliament which he would often consult in all his weighty and important Affairs he would be advised by this Privy Council and to take away all Jealousy that he was influenced by Popish Councils he had sent his Brother beyond Sea But now quanto mutatus No more Parliaments so long as this King lives The Council whose Advice next the Parliament he would take is now dissolved and the President 's Life is sought for the Duke of late sent away that he might not influence the King's Councils is now returned and governs all and made High Commissioner of Scotland where at this time he is contriving the Destruction of the noble Earl of Argile whilst his Brother is doing that of my Lord of Shaftsbury and both act their Parts under the Vail of sacred Justice But how to bring the Earl of Shaftsbury upon the Stage was Matter of great Inquiry other Evidence besides Irish and those Colledge had so baffled could scarce be found and this Evidence 't was feared would no more prevail upon a London Grand Jury than before it did when the Bill was preferred against Colledge Captain Henry Wilkinson was a Yorkshire Gentleman who having served King Charles I. in his Wars and been very instrumental in the Restoration of King Charles II. being fall'n into Decay a Fate usually attending the Cavaliers who served either of those Kings was for his Sufferings Integrity and Honesty preferred by the Earls of Craven and Shaftsbury to be Governour of Carolina and one of his Sons to be Surveyor-General of it and another a Register Captain Wilkinson made use of the little Stock he had left and such Credit as he could procure to fit himself upon this Account and hired a Ship called the Abigail of a hundred and thirty Tuns and victualled her for the Master and ten Men and such other Passengers as he should take in In this Number one Mr. John Booth desired that he and his
Family might accompany the Captain to Carolina which was agreed to but the Captain being under several Disappointments and the charges of the Ship of four Months lying in the River insupportable the Captain was arrested and thrown into the Compter from whence he removed himself to the King's Bench. The Captain 's Necessities were equal or more than those of the Irish Evidence but the Captain at least as he supposed had no need of a Pardon for any thing designed against the King or Government as the Irish Evidence had so the first Attempt upon the Captain was to hire him to give Evidence against my Lord of Shaftsbury If Empson and Dudly were so zealous to fill Henry the 7th's Coffers by straining the Penal Laws to utmost Rigour as the Vogue went Graham Baynes and Burton were as zealous to pack Juries and procure Evidence for carrying on this black Design but I do not find Burton was in this upon Captain Wilkinson Upon the eighth of October Baynes made his first Attack upon the Captain and told him that he had been lately with Mr. Graham who had a great Interest with my Lord H. and that the Captain could not but know much of my Lord Shaftsbury's Designs and that he had now a desired Opportunity to discover them and urged the Captain not to deny the proffer and that he need not fear his getting a Pardon but the Captain was constant that he knew nothing of any such Design By this time Booth was a Prisoner in the King's Bench as well as the Captain and upon the eleventh Booth attack'd the Captain and told him he might have 500 l. per annum or 10000 l. if he would discover what he knew of my Lord Shaftsbury's Design against the King and that the Captain should appear at Court and have Assurance of it from Persons of Honour but this wrought not upon the Captain neither Upon the thirteenth Baynes Booth and Graham renewed the Promises Baynes and Booth had made and that he should have the King's Promise for the same and his Royal Word for a Reward for his Sufferings and that Graham was sent by some of the Council to bring the Captain to the King and that he had an Order for it but all would not do for the Captain was resolved not to go to White-Hall if he could help it Upon the fourteenth Booth told the Captain that Mr. Wilson my Shaftsbury's Secretary who was a Prisoner in the Gate-house had sent to the Council that he would come and discover all he knew and therefore he urged the Captain to have the Honour of being the first Discoverer and that to the former Promises the Captain should have 500 l. per Annum settled on him in Ireland by the D. of York but all to no purpose Upon the fifteenth Booth and Baynes attackt the Captain again the Captain asked Baynes why he was so urgent for his Testimony Baynes answered That as yet they had none but Irish Evidence which would not be believed but if the Captain came to it he was not blemished in his Credit and then Baynes told him if he would not go he Baynes had a Habeas Corpus from my Lord Chief Justice Pemberton to carry him to White-Hall In the Afternoon the Captain was carried by his Habeas Corpus to Whitehall and examined in the Secretary's Office by my Lord Conway and Secretary Jenkins and in his Examination in comes the King into the Office as before he had done into the Dutchess of Portsmouth's Chamber when my Lord H came to kiss her Hand and there the King told the Captain he had served his Father and him faithfully and hoped he the Captain would not now decline his Obedience to which the Captain answered he never deserved to be suspected then the King told him he had not the Opportunity to serve his Friends but hoped he might then the King examined him what he knew of my Lord Shaftsbury's having a Design against his Person but the Captain upon his Oath denied he knew any thing so the King left him to the further Examination of Secretary Jenkins But this Business did not stay here for the Captain was carried into another Room where were present the King my Lord Chancellor the Lord Chief Justice Pemberton and several other of the Nobility with Graham Baynes and Booth where my Lord Chancellor was very sharp upon the Captain and put several Questions to the Captain which he could not answer and told the Captain there were two sorts of Advancements and that the Captain was like to come to his Trial before the Lord Shaftsbury The Business was Booth had sworn that the Captain had a Commission from my Lord Shaftsbury for a Troop of fifty Men to be my Lord's Guards against the King and that Booth was listed in it This Booth had sworn but was so unfortunate in it as to swear this was when the Parliament was at Oxford at which time the Captain was making his Preparations for his intended Government of Carolina but whether the King believed the Captain or Booth is unknown but it stop'd here and the Captain was no higher advanced upon Booth's Oath nor could be prevailed upon to be a Witness against my Lord Shaftbury though his Wife was as much tempted to have it so as the Captain was so the Captain 's only Advancement was to be remanded to Prison However it was resolved that my Lord Shaftsbury should be prosecuted and so upon the 24th of November a Bill of High Treason was preferred against him to the great Inquest at the Sessions-House in the Old-Baily and Baines proved a true Prophet though Booth sware to the Captain's Command of Fifty Men to be a Guard to my Lord for the Jury neither believed him nor the Evidence so baffled at Colledge's Trial nor the Irish Evidence added to that and so returned an Ignoramus upon it Suetonius in the Life of Tiberius says he could never have made such Ravages upon the Roman Empire and exercised such Cruelties if he had not been backt by an Officious and flattering Senate which carried the Face of Justice in it and tho it be evident that for near Eighty Years these three Kings of the Scotish Race had been endeavouring to establish an Arbitrary and Tyrannical Government over this Nation yet except King James the First who if his Necessities had not forced him would have never had a Parliament after the first and who by his own Authority created so many Monopolies and Benevolences and in the Parliament of the 12th and 18th Years of his Reign without any Colour of Justice imprisoned so many worthy Gentlemen without the Benefit of Corpus's for their Debates in Parliament yet these other two pretended to raise their Tyrannies under the Form of Justice and therefore Charles the First after he for Fifteen Years together had not only exceeded his Father in granting Monopolies and raising Money by Loans Benevolences Coat and Conduct Money but also
in taking the Customs without Grant of Parliament and such as were never granted by Parliament and in further raising Ship-Money and imprisoning the Members of Parliament without Benefit of their Corpus's yet he thought best to do it by such Judges as he should make So this King in the Executions of Fitz-Harris and Colledge would have the Colour of Justice by a Form of Law for which there was no Law But as the Knights of Malta could make Knights of their Order for eight Pence a-piece yet could not make a Soldier of Sea-man So these Kings tho they could make what Judges they pleased to do their Business yet could not make a Grand-Jury from whom the Judges in all criminal Cases between the King and Subject must take their Measures these Grand-Juries in London are returned by the Sheriffs and the Sheriffs are chosen by the Livery This Difficulty after my Lord Shaftsbury's Case put the Court to their Trumps and at present a Stop to their Proceedings The Assistance of the Duke of York was necessary but at this time he was as busy in Scotland about my Lord of Argyle as his Brother was in England about my Lord Shaftsbury The City upon the Dissolution of the Four last Parliaments were aware of the Designs of the Court and chose Sheriffs accordingly when Colledge's Bill was preferred Mr. Cornish and Bethel were Sheriffs and now another such was preferred against 〈◊〉 Lord of Shaftsbury Sir Thomas Pilkington and Mr. Shute were Sheriffs who tho at other times Sheriffs would rather fine than serve yet at this time none refused to serve so that unless Sheriffs of another Stamp were chosen all would be to no Purpose It 's scarce credible what a Noise the not finding my Lord Shaftsbury's Bill made all Justice now the Tory Party cried was stopped if these Ignoramus Juries were not set aside R. L. S. proclaimed Forty one would inevitably return and this countenanced by the Court flew out of the City all the Country over so that scarce any other thing was to be heard but of Ignoramus Juries and what would follow from them It was the latter End of Michaelmas Term the great Inquest returned an Ignoramus upon the Bill of High Treason preferred against my Lord Shaftsbury and in the Vacation all Wits were set on work how to take the Election of the Sheriffs of London out of the Power of the City and no other Expedient could be found out but by taking away their Charter which if it could be done would not only entitle the Court to making of Sheriffs but open a Gap to their making a House of Commons for near 5 6 of the Commons are Burgesses and Barons of the Cinque Ports who would not dare to contest their Charters if the City of London could not hold theirs So that in Hilary Term following a Quo Warranto was brought against the City for two hainous Crimes viz. That they had made an Address to the King for the Parliament to sit for Redress of Grievances and to settle the Nation yet King Charles the First thought the Parliament's Vote of non-Addresses to him was a Deposing of him and that the City had raised Money towards repairing Cheapside Conduit ruined by the Fire of London The City pleaded their Right and the King replied upon which there was a Demurrer but Judgment was not given upon it till Trinity Term 1683. However the Novelty of the thing caused an Amusement upon the Generality of the City and Nation too whereto this tended In the mean time the Duke having done his Work in Scotland was returned to London and his Zeal for promoting the Catholick Cause outwent his Patience for the Court's Judgment upon the Demurrer to the Quo Warranto so that Courtiers of the First Magnitude appeared barefaced for the next Election of Sheriffs and Sir Dudley North Sir Francis's own Brother and Sir Peter Rich were returned one by a shameless Trick the other by open Force Tho the Court had gained this Point they thought not fit to push it further till the Demurrer to the City Charter were determined in which such Haste was made that only two Arguments were permitted on either Side one in Hilary Term 1682-83 and the other in Easter Term following and so Judgment was given in Trinity Term next after against the City The Judgment against the City was as strange as the Election of the Sheriffs for it was without any Reason and by two Judges only one was Sir Francis Withens who had heard but one Argument and I believe understood but little of that and who after in the Absence of Sir Edward Herbert delivered that for his Opinion which Sir Edward when present disowned and Sir Thomas Jones However they said Justice Raimond was of their Opinion and so was Saunders the Chief Justice tho he was past his Senses and only had Sense enough to expostulate with them for then troubling him when he had lost his Memory But the Court of Kings Bench were not so ripe for this hasty Judgment as that at White-Hall was for Discovery of Plots against the Government and Justice of the Nation of which they set three on Foot viz. A Plot to surprize the Guards the Rye-Plot to murder the King and Duke as they should come from New-Market and the Black-Heath Plot for the People to rise upon a Foot-Ball Match if those Sheriffs would not do the Court's Work you may be sure the next should where the King should have the Nomination but these were as trusty as any the King could make and it was now Graham and Burton's Work to find Good Jury-Men and then the Sheriffs would be sure to return them In all these Plots for ought I can find the Fox was the Finder my Lord H and Rumsey in that of the Guards Lee and Goodenough in that of Black-Heath Keeling and West in that of the Rye-Plot Lee was set to trapan Rouse and Baker in the Black-Heath Plot. Rumball at whose House 't was said the Rye-Plot was to be acted upon his Death denied he ever knew of any But the Great Design was upon my Lord of Essex and my Lord Russel one the most eminent of the Nobility for his great Honour and all eminent Vertues the other of the Commons and both zealous Protestants and Opponents to the Design of introducing Popery and Arbitrary Power I will not again curtail Mr. Hawles's learned Remarks upon my Lord Russel's Trial on the Thirteenth of July 1683. yet I must observe how that that Day whether my Lord of Essex killed himself or was to be killed the King and his Brother were both in the Tower when the Act was done and immediately Notice was sent to the Old-Baily to give Notice of it to the Court that in the worst Sense Use might be made of it by the King's Counsel against my Lord Russel The Blaze of the Earl's having murdered himself having had its designed Effect upon my Lord Russel's Trial
the next Step was to satisfy the Nation the Earl murdered himself and to this Purpose the Coroner's Inquest must necessarily sit and give their Verdict but so the Business was ordered that before the Jury was impannelled the Earl's Body was taken out of the Closet where 't was pretended he murdered himself and stript of his Clothes which were carried away and the Closet washt and when one of the Jury insisted upon seeing my Lord's Clothes in which he died the Coroner was sent for into another Room and upon his Return told the Jury it was my Lord's Body not his Clothes they were to sit upon and when it was moved that the Jury should adjourn and give my Lord's Relations Notice Thaâ— if they had any thing to say on my Lord's Behalf it was answered The King had sent for the Inquisition and would not rise from the Council-Board till it was brought I do not find that when the like Practices were used and wheâ—â— the Coroner's Inquest found Sir Thomas Overbury died a Natural Death in the Tower that two Years after when Reves the Apothecary's Servant made the first Discovery of Sir Thomas his being poisoned that Reves was prosecuted for flying in the Face of the Government and questioning the Justice of the Nation as Mr. Speke and Mr. Braddon were for endeavouring to discover the Murder of my Lord of Essex I 'm sure their Inducement for the Proofs of it were manifoldly more than Reves's were of Sir Overbury's and I wish I understood what their Crimes were more than Reves's but that being for the King and Justice of the Nation they ought to have been encouraged if there had been no foul dealing in the Earl's Death After the Death of these Noble Persons the rest of the Game was plaid without scarce any Rub Colonel Sidney Bateman Walcot Hone and Rouse followed for Treason all and all of different Complexions and where Treason could have no Colour actually to take away the Lives of the Opponents of Popery and Arbitrary Power Misdemeanours are set on foot to take away their Means of living Fines from 10000 to 100000 l. for words against the Duke though by Magna Charta a Salvo Contenemento is reserved for Misdemeanors against the King Graham and Burton would find Juries for all and the Sheriffs would return them to do the Work But the Rage and Tyranny against the Opponents of Popery and Arbitrary Power was not more illegal than the Indulgence to the Lords impeached by Parliament for the King resolving to have no more Parliaments upon the present Constitution made Judges to take Bail for them to appear next Parliament Hereby as much invading the Rights and Jurisdiction of Parliament as the Judgments against Fitz-Harris Colledge my Lord Russel Colonel Sidney c. were illegal which though at Common Law they might have been Treason yet by the Statute of the 25th of Edward the Third the Judges in Westminster-Hall were prohibited to take Cognisance of them and by the Act of 13 Car. 2. c. 51. wherein the Prosecution ought to be within Six Months after the Fact and the Indictment within three Months after Though the City of London and many other Cities in England those their Sheriffs yet the Sheriffs of all the other Shires and Counties of England were named by the King so that the King 's next care was how to subvert the Constitution of Parliament and like Oliver Cromwel have a House of Commons of his own making For the House of Commons is compunded of five hundred and thirteen Members whereof but ninety two are Knights of Shires so that near 5 6 are Burgresses Citizens and Barons of the Cinque Ports The Generality of the Corporations which send these Members are poor decayed places and so not able as the City of London to contest their Charters or if they could they had little hope to keep them now London could not hold theirs Yet this would cost the Court a great deal of time to bring Quo Warranto's against above two hundred Corporations and now all Hands are set at work to prevail upon these poor Inhabitants and mighty Rewards are promised to those who should surrender them but because Money was scarce Bargains were made with Multitudes of them to have Grants of Fairs for surrender of their Charters and those which refused had Quo Warranto's brought against them To humour the Court and in perfect hope that in time the Mountains would bring forth a Multitude of Corporations or rather some loose vain Men who assumed the Names of the Corporations by heaps surrendred their Charters and at excessive Rates I cannot say renewed but took new ones whereby the King reserved to himself the Power of disposing of all Places of Profit and Power which at present was intrusted in their Hands who had betrayed their former Trust nor did these Men care for the expence of purchasing their new Charter tho it were to the starving the Poor of their Corporations who should have been fed with the Monies expended in the Purchase But a Multitude of lewd Fellows who in meaner Corporations were all as willing to betray their Charters as the Richer yet had not Money to purchase new ones and without it nothing could be had and never was King furnished with such a Lord Keeper for by this time North who had drawn the King's Declaration against petitioning for a Parliament and for which he was impeached in Parliament and had so highly merited in Colledge's Trial was made Lord Keeper and Attorney General for taking Money with both Hands though by their Oaths they ought to have to the best of their Skill informed the King of the Justice and Lawfulness of all those things which were to pass the Seals and this put some stop to the hurry of the surrender of Charters But in these Corporations there were some Members who made a Conscience of their Oaths and betraying their Trusts and according to the Obligation to both performed their Duties but these were prosecuted as Rioters and Tumultuous Persons and fined extravagantly even to their undoing and imprisoned till payment and bound to their good Behaviour These things were not carried on with that Security but some Umbrages of fear there were that some Disturbances might arise before they could be brought to Perfection to quell them if they should happen The Duke had secured Scotland and had 20000 Foot and 2000 Horse and a Year's Pay to be assisting upon all Occasions a greater liberty was given to the Irish than ever and to crown the Work Tangier is demolished and the Garison which was a Nursery of Popish Officers and Souldiers is brought over and placed in the most considerable Parts of England Whilst the King is framing this goodly Structure the French King against his Faith at the Treaty of Nimeguen by foul and base Treachery seizes upon Strasburg on the Rhine the most considerable City of Germany and by plain Force took Courtray and the City
sign a Warrant of Execution for the Duke his Brother's beloved Son without any Trial or Process of Law against him But his Grandfather James the First had either done the like or at least not unlike it when he came to Newark upon Trent in his Passage to London at his first coming to the Crown one was said to cut a Purse whereupon the King without more ado signed a Warrant for his Execution to the Sheriff and the poor Fellow was executed accordingly The Duke suffered upon the 15th of July but the Issue of Blood did not stanch with him for towards the latter end of August a Special Commission of Oyer and Terminer was granted to Sir George Jefferies and four other Judges to try the Duke of Monmouth's Adherents in the West But as the Duke suffered without any Trial and so was unjustly put to Death so I believe this Commission was initiated by such a Trial as can scarce be parallel'd by any other and this was the Case Alicia Lisle a Woman of extream Age was Wife of Lisle one of King Charles the First 's Judges and who was President of the High Court of Justice as 't was then called in the Trials of Duke Hamilton the Earl of Holland and my Lord Capel and also in the Trial of Sir Henry Slingsby Dr. Hewet c. and had entertained after the Defeat of the Duke of Monmouth one Hicks a Non-Conformist Minister who was with the Duke not in any Proclamation that he was so and one Richard Nelthorp a Stranger to Mrs. Lisle who was in the Proclamation and Out-lawed of High Treason for which she was tried at Winchester for High Treason for comforting and assisting Rebels It appears by the publick Prints the Jury were so unsatisfied by the Evidence Hicks not being in any Proclamation and Nelthorp unknown to Mrs. Lisle that they thrice brought her in Not Guilty at last upon Jefferies Threats they brought her in Guilty of High Treason and so had Sentence passed upon her accordingly which in Women is to be burnt but the Execution was by beheading of her so that whether the Sentence was just or not the Execution was unjust for though the King may pardon or mitigate the Punishment of any Crime against him as to pardon Treason or to mitigate the Execution to beheading which is part of the Sentence yet he cannot alter the Punishment into any other than the Law prescribes but the Convention after King William came in were so dissatisfied in her Case that though they could not restore her to Life yet they reverst the Judgment for her Death From this uncertain Justice Jefferies and his Brethren make haste to proceed in their Commission Summo Jure and from Winchester by Salisbury upon the 3d of September a day fam'd for Oliver's Victory over the Scots at Dunbar over King Charles the II. at Worcester and for his Death arrives at Dorchester and because time was precious the next day Jefferies contrives this Stratagem to shorten his Work Thirty Persons being found by the Grand Inquest to have assisted the Duke of Monmouth when they came upon their Trials and before they had pleaded Jefferies told them that whosoever pleaded Not Guilty and was found so should have little time to live and if any expected Favour he must plead Guilty But the Prisoners trusted little to what Jefferies said and pleaded Not Guilty yet 29 were found Guilty and immediately Sentence was passed upon them and a Warrant of Execution signed upon Monday following after which a couple of Officers were sent to the Goal to take the Names of all the Prisoners who told the Prisoners if they confest they might expect Mercy otherwise none was to be hoped for these wretched Men thus wheedled pleaded Guilty and so at one Sentence Jefferies condemned 292 whereof 80 were executed From Dorchester Jefferies proceeded to Exeter and used the same Stratagem as at Dorchester for one Mr. Fower Acres being arraigned and pleading Not Guilty yet being found so had immediately Sentence passed upon him and Execution awarded upon it whereupon 243 pleaded Guilty and by one Sentence had Judgment passed upon them From Exeter Jefferies marched to Taunton where some few pleaded Not Guilty but being found had immediately Sentence and Execution awarded the rest terrified pleaded Guilty and had Sentence passed upon them and thence Jefferies marched to Wells where he finished his bloody Assize where and at Taunton he condemned above 509 whereof 239 were executed and had their Heads and Quarters set up in the principal Places and High Roads of Somerset and Dorsetshires to the terror of Passengers and annoyance of those Parts In these Executions I find one remarkable Story it 's printed in a Treatise called The New Martyrology fol. 478. Colonel Holmes and 11 more of those condemned at Dorchester were carried from Dorchester to Lime towards their Execution by six in a Coach and six in a Cart and at Lime they were put in a Sledg prepared to carry them to be executed but the Horses could not be driven to go but turned backward whereupon the Coach-horses were taken from the Coach and put to draw the Sledg but then the Sledg broke so the poor Men were forced to go on their Feet to their Execution I will not dispute the Justice of these Executions but I say Justice ought to look forward viz. to terrify others from committing like Crimes never backward to take Pleasure in punishing and a black Brand is set upon the Reigns of those Princes which shed much Blood nor do we read in any Story such a Sea of Blood flowed from Justice as did in less than eight Months after this King began his Reign and that which rendred it more remarkable was the King's Profession to his Privy Council and after to the Parliament That he would imitate his good and gracious Brother but above all in his great Clemency and Tenderness to his People But if Justice look'd forward in Jeffries's Executions it did not in Kirk's who was one of King James's Major-Generals in the Expedition against the Duke of Monmouth who when after the Duke's Defeat he came to Taunton caused 90 wounded Men who had been taken Prisoners not permitting their Wives or Children to speak with them to be hang'd with Pipes playing Drums beating and Trumpets sounding and after their Bowels to be burnt their Quarters to be boiled in Pitch and hang'd in several parts of the Town and I have heard that when afterwards Kirk was charged with this Inhumanity he excused it that he could do no less it being but part of the Instructions he had from the Right Honourable the Earl of F General in this famous Expedition As yet no Pardon could be hoped for to any one but by those which could purchase it by the Ruin of their Estates and those which could not purchase one were sold for Slaves to the Plantations When Justice could take no further place then out comes a Pardon
and Tests against Dissenters was any ways intended in favour of the Protestants for notwithstanding the Slaughter Jeffries had made of them in the West the rest all over England were imprisoned and forced to give Security for their good Behaviour Nay my Lord D. of Albermarle who had done the K. so signal Service in keeping the Devonshire Men from joining with the D. of Monmouth must be sent out of England to Jamaica and the Earl of Pembroke and others who had been so active in suppressing Monmouth were scarce thanked and but coldly entertained at Court If things were acted with this indeed bare-fac'd dissimulation in England they were not less in Ireland for the King having revoked the Duke of Ormond from his Lieutenancy and given Talbot an independent Commission to make such a reform of the Army there as is aforesaid made my Lord Clarendon Deputy-Lieutenant and Sir Charles Porter Chancellour who arrived there the 10th of January 1685-86 with a Charge to declare that the King would preserve the Acts of Settlement and Explanation inviolable and to assure all his Subjects he would preserve these Acts as the Magna Charta of Ireland but this Declaration compared with Talbot's reforming the Army in Ireland seemed as strange as that the King 's dispensing with the Penal Laws and Tests was in favour of the Protestant Dissenters in England In Scotland the King had so settled Affairs there when he was Commissioner that after the cutting off the Earl of Argyle he did not doubt to carry on his Designs more bare-fac'd there than in England or Ireland and therefore tho he did not call a Parliament till April 1686 yet in his Letter to them of the 12th he takes no Notice of the Protestant Dissenters but recommends to them his innocent Roman Catholick Subjects Who had with their Lives and Fortunes been always assistant to the Crown in the worst of Rebellions and Vsurpations tho they lay under Discouragements hardly to be named These he heartily recommended to their Care to the end that as they have given good Experience of their true Loyalty and peaceable Behaviour so by their Assistance they may have the Protection of his Laws and that Security under his Government which others of his Subjects had not suffering them to lie under Obligations which their Religion cannot admit of by doing whereof they will give a Demonstration of the Duty and Affection they had to him and do him most acceptable Service This Love he expected they would shew to their Brethren as they saw he was an indulgent Father to them all The King having settled his Prerogative in Westminster-Hall by dispensing with the Penal Laws and Tests in the Beginning of the Year 1686 granted a Commission of Ecclesiastical Affairs but it was not opened to act till the 3d of August following why it lay so long dormant I do not find but only guess that the King might the better settle his Dispensing Power in the Country by such Judges as he had made as well as in Westminster-Hall and that he might be more at leisure to carry on the Design for surrender of Charters wherein one Robert Brent a Roman Catholick was a prime Agent and great Care was taken that the beggarly Corporations might surrender their Charters and take new ones without paying Fees and if any should be so honest as to insist upon their Oaths and Trust reposed in them for Preservation of their Charters to be prosecuted as riotous and seditious Persons But in regard the Commission of Ecclesiastical Affairs was not printed that I can find nor is in the State Tracts I thought fit to insert it here as I had it in Manuscript from a learned Hand JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the most Reverend Father in God our Right Trusty and Right well-beloved Counsellor William Lord Arch-Bishop of Canterbury Primate of all England and Metropolitan and to Our Right Trusty and Right well-beloved Counsellor George Lord Jeffries Lord Chancellour of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Lawrence Earl of Rochester Lord High Treasurer of England and to Our Right Trusty and Right well-beloved Cousin and Counsellor Robert Earl of Sunderland President of Our Council and Our Principal Secretary of State and to the Right Reverend Father in God and Our Right Trusty and well-beloved Counsellor Nathaniel Lord Bishop of Duresme and to the Right Reverend Father in God Our Right Trusty and well-beloved Thomas Lord Bishop of Rochester and to our Right Trusty and well-beloved Counsellor Sir Edward Herbert Knight Chief Justice of the Pleas before us to be holden assigned Greeting We for divers good weighty and necessary Causes and Considerations Us hereunto especially moving of our meer Motion and certain Knowledg by force and virtue of Our Supream Authority and Prerogative Royal do assign name and authorize by these our Letters Patents under the Great Seal of England you the said Arch Bp of Canterbury Lord Chancellor of England Lord High Treasurer of England Lord President of Our Council Lord Bishop of Duresme Lord Bishop of Rochester and our Chief Justice aforesaid or any three or more of you whereof you the said Lord Chancellor to be one from time to time and at all times during our Pleasure to exercise use occupy and execute under us all manner of Jurisdiction Privileges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdictions within this our Realm of England and Dominion of Wales and to visit reform redress order correct and amend all such Abuses Offences Contempts and Enormities whatsoever which by the Spiritual or Ecclesiastical Laws of this Realm can or may be lawfully reformed ordered redressed corrected restrained or amended to the Pleasure of Almighty God and encrease of Vertue and the Conservation of the Peace and Unity of this Realm And we do hereby give and grant unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one thus by Us named assigned authorized and appointed by force of Our Supream Authority and Prerogative Royal full Power and Authority from time to time and at all times during Our Pleasure under us to exercise use and execute all the Premises according to the Tenour and Effect of these our Letters Patents any Matter or Cause to the contrary in any wise notwithstanding And We do by these Presents give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one by all lawful Ways or Means from time to time hereafter during Our Pleasure to enquire of all Offences Contempts Transgressions and Misdemeanours done and commited contrary to the Ecclesiastical Laws of this Our Realm in any County City Borough or other Place or Places exempt or not exempt within this our Realm of England
so in Extreams yet his Actions so diametrically opposite to his Profession Here you see a Jesuited Prince pleading for Liberty of Conscience to the breaking down the â—aws which before he had so often professed to maintain and for such a sort of Men whom but little before he had slaughter'd banished and imprisoned as if he had designed to extirpate the whole Race of them If to reconcile these to Truth or Reality be not as great a Miracle as is in any of the Popish Legends I 'll believe them all and be reconciled to the Roman Catholick Church how inconsistible soever the Terms be The generality of the Protestant Dissenters having for near seven years together been so severely treated by the Tories were as forward to congratulate the King for his Indulgence in manifold Addresses as the Tories were in King Charles his time in their Addresses of Abhorrence to petition the King to call a Parliament to settle the Grievances of the Nation However this Declaration was so drawn in the sight of every Bird that of my knowledg many of the sober thinking Men of the Dissenters did both dread and detest it That this Declaration might be more passable Popish Judges were made in Westminster-Hall and Popish Justices of the Peace and Deputy-Lieutenants all England over the Privy Council was replenished with Popish Privy Counsellors the Savoy was laid open to instruct Youth in the Romish Religion and Popish Principles and Schools for that purpose were encouraged in London and all other Places in England Four Foreign Popish Bishops as Vicars Apostolical were allowed in Ecclesiastical Jurisdiction all England and Wales over From instructing the St. Omers Boys how to behave themselves in their Evidence to prove Oates was at St. Omers all April and May in 1678 my Lord Castlemain is sent Ambassador to the Pope to render the King's Obedience to the Holy and Apostolical See with great hopes of extirpating the Northern pestilent Heresy In return whereof the Pope sent his Nuncio to give the King his Holy Benediction yet I do not find that he beforehand sent for Leave to enter the Kingdom as was observed by Queen Mary Henry VIII and before The Judges in their Circuits had their private Instructions to know how Men were affected with the King 's Dispensing Power and those who were disaffected to it were turned out from the Lieutenancy and Commission of the Peace Justice Judgment and Righteousness support the Thrones of Princes but these were Strangers to this King's ways other Means must be found out to support and carry them through a standing Army is judged the best Expedient and as the King told the Parliament at their second Meeting he had encreased his Army to double what it was before so he made his Word good that he would employ Men in it not qualified by the late Tests and to this end Tyrconnel having disbanded the English Army in Ireland qualified by the Tests sends over an Army of Irish not qualified by the Tests to encrease the Army in England This Army thus raised against Law committed all manner of lawless Insolences though the King by several Orders would have had their Quarters restrained to Victualling-Houses Houses of publick Entertainments and such as had Licences to sell Wine and other Liquors the Officers too when they pleased would be exempt from the Civil Power And though the King had no other Wars but against the Laws and Constitutions of the Nation yet he would have the Act of the 1 2 Edw. 6. 2. which makes it Felony without Benefit of the Clergy for any Souldier taking Pay in the King's Service in his Wars beyond Sea or upon Sea or in Scotland to desert from his Officer to extend to this Army thus raised by the King And because the Recorder of London Sir J. H. would not expound this Law to the King's Design he was put out of his Place and so was Sir Edward Herbert from being Chief Justice of the King's Bench to make room for Sir Robert Wright to hang a poor Souldier upon this Statute and afterward this Statute did the Work without any further dispute Thus this Prince did not only assume a Power to controul the Laws of the Nation at his pleasure in Civil Affairs but when he pleased made them bend to his Will to establish an illegal Army and countenance the Effusion of Christian Blood but you 'll soon see God will blast these ungodly Ways and that not the Arm of Flesh but Judgment Justice and Righteousness establish the Thrones of Princes Thus Affairs stood in England Scotland and Ireland in the year 1687. wherein I suppose no History mentions so great and violent Alterations in so little time as in this King's Reign all tending to introduce a Foreign Power and to enslave the Nation yet so patiently endured by it but the Dangers of these Designs were not circumscribed within the bounds of this Nation but extended into France where for above twenty years a Conspiracy was carried on for promoting these Designs thus far advanced so that the Year 1688 had a much more terrible Aspect upon England than the Year 1588 had when Philip the II. designed the Conquest of it for then the Nation was firm and intire for its own Interest whereas this Year it was not only torn in pieces by internal Discords but had an Army and Fleet designed to join with the French King in propagating his boundless Ambition not only upon England but upon the Empire of Germany Spain Holland the Duke of Savoy and other Princes of Italy About the beginning of the year 1688 a Gentleman of High Jesuited Principles told me The States of Holland were Rebels against the King of Spain and that I should soon see the King of France would call them to an Account for it and humble them and that the French King would assist our King with Men of War I took more heed to this because I knew that he was frequently visited by several Jesuits in whose Counsels I believe the French King's Designs this Year were locked up for my Lord of Sunderland in his Letter recited in the History of the Desertion fol. 32. protests he knew nothing of a League between the King yet you will see it come out another way But my Lord of Sunderland says that French Ships were offered to join with our Fleet which was refused however this shews there was a Design contriving by these Princes yet at present the Affairs of France seemed to look another way and a French Fleet and Souldiers in them are sent to Canada the Design and Success you will soon hear of The King having thus as he thought laid a Foundation tho it proved a very Sandy one of his Designs and to shew how Absolute he would be in them upon the 4th of May passed an Order in Council that his Declaration of Indulgence should be read in all Churches and Chappels in England and Wales in time of Divine
Service and that all the Bishops in their respective Diocesses should take care to have this done accordingly The Bishops who knew the Declaration of Indulgence was designed to conjoin the Protestant Dissenters with the Popish to ruin the Established Church easily foresaw that the Order to them was to pick a Quarrel with them for the King might have ordered it to be read without as well as by them And besides the Injustice of it it was deemed an undecent thing that the Fathers of the Church in time of Divine Setvice should be the Instruments to give a Liberty to all whether they should come to Divine Service or not Besides the Bishop of London who stood suspended thes Bishops viz. the Archbishop of Canterbury the Bishops of Bath and Wells Ely Peterborough Chichester St. Asaph and Bristol were in or about the Town and this Order of Reading the Declaration in Churches was served upon them The Bishops in a humble Petition to the King gave their Reasons in Writing but so cautiously that after it was drawn up they would let no other Man see it before they presented it why they could not comply with the Order of Council The Chancellor tho he thought his Commission big enough to suspend the Bishop of London and Vice-Chancellor of Cambridg and expel the Master and Fellows of Magalen College in Oxford yet it seems did not think it sufficient to suspend these Bishops and therefore advised the King 't was said to try them upon an Information of High Misdemeanour in the King's Bench and in order to it they were committed Prisoners to the Tower Accordingly the Bishops were tried in the King's Bench in Trinty Term following upon an Information of High Misdemeanour for their Petition to the King but how secure soever the King and Chancellor thought themselves of the Judges and tho Sir Robert Wright who was Chief Justice and Sir Richard Allibone a known Papist were two of them yet they were not all of a Piece for Mr. Justice Powel both learnedly and stoutly defended the Bishops Cause If we look down to the Bar we shall see as strange a mixture as in the Bench for the late Attorney-General Sawyer and Solicitor Finch who were so zealous to find my Lord Russel Colonel Sidney and Mr. Cornish c. guilty of High Treason and for Surrender of Charters now they are turned out are as zealous for the acquittal of the Bishops and the then Solicitor-General of a most zealous Prosecutor of Abhorrers and Searcher into the bottom of the Popish Plot as zealous for finding their Misdemeanour However the Jury acquitted the Bishops Unless it were when Monk came into the City the 12th of February 1659-60 and Colonel Cloberry told the Citizens at Guild-Hall they should have a free Parliament or when King Charles came into London the 29th of May following never were such loud Acclamations of Joy exprest as upon the Acquittal of the Bishops nor did the Bounds of the City terminate this Joy but it flew like Lightning to Hounslow Heath where the King would be present to see the Army exercised wherein he trusted more than in Justice and Righteousness to accomplish his Design It seems the King was treated that Day by my Lord of Feversham General of the Army in his Tent when the News of the Bishops Acquittal arrived at the Army which entertained it with a general Shout the King 't was said was startled at it and sent the Earl to enquire the Cause the Earl in return told the King 't was nothing but the Souldiers Joy for the Acquittal of the Bishops And call you that nothing replied the King who was much discomposed upon it and well he might for now he saw how little Confidence was to be imposed in the Army he so much relied upon It 's a Duty incumbent upon Mankind to honour and worship God and give him Thanks for the Benefits received from him and to petition and pray to him for continuance of them Next after God it 's the Duty of all Subjects to honour the King for the Benefits they receive by his Justice and Protection and to petition and pray Relief from him for Oppressions and Injuries which cannot be redressed by the ordinary Course of Law or where the Ministers of the Law either cannot or refuse to do Justice It 's therefore the Wisdom of our Constitution that Parliaments frequently meet not only to receive Petitions against Oppressions or Injuries received which were not or could not be redressed by the King's Ministers of the Law but also to correct and punish the King's Ministers themselves if they transgressed or neglected their Duty But tho frequent Parliaments are the most proper Expedients for the Subjects herein yet oftentimes Accidents may be which will not stay for relief by Parliament as in Case of the Bishops In May they are ordered to have the King's Declaration of Indulgence read in all Churches and Chappels of their respective Diocesses and to do it and to give no Reasons why they could not do it would have been a manifest Contempt of the King's Authority they could not do it either in Honour or Conscience and by an humble Petition and Address represent this to the King and for ought appeared then the King never intended to call another Parliament till he had modelled them as much to his Will as Cromwel did Barebone's Parliament This Petition is made a High Misdemeanour and the Bishops committed upon it and Father Petre the Club of Jesuits the Attorney and Solicitor-General Graham Burton c. are all plotting how to make it so So as now the Kingdom is without all hopes of a free Parliament and yet it is a High Misdemeanour to address to or petition the King And that this Order upon the Bishops to enjoin the Reading of the King's Declaration for Indulgence was a Design upon their Persons as well as upon the Church is apparent for after their Acquittal Orders from the Commissioners of Ecclesiastical Affairs were sent into all parts of England to return an Account to the Lord Chancellor of those that refused to read the Declaration of Indulgence that they might be proceeded against for their Contempt but the Reign and Rage of these Commissioners was too hot to last long and now let 's see what return of Praises and Thanksgivings the Bishops can make to God for their Deliverance God requires Truth in the inward Parts and that it should govern all the Intentions Speech and Actions of every Man in his Conversation with Man yet more in his Prayers and Petitions to God and if it be an High Crime of Hypocrisy to speak or act contrary to a Man's Knowledg or Belief for the end designed thereby is to deceive another though God cannot be deceived it 's a greater Crime to approach his Omniscience with Prayers and Petitions contrary to a Man's certain Knowledg or firm Belief I take it for granted that the Bishops understood the King's Declaration
against the Lords Jurisdiction in Appeals from Chancery 502 504. Their Bills to prevent the French Designs c. 503 555. Address the King for a League with the Dutch 505. Their Votes for disbanding the Army 536. for the King's Safety 539. against the Tories c. 552. concerning the Revenue 558 559. Confederates their Success against the French 504. Complain to our King of the French Ravages 513. Exclaim against the separate Peace 529. Convention act hand over head in restoring Charles II. c. 423 424. Sent him 50000 l. 425. Convocation frame an Oath to preserve the Church and grant the King a Benevolence 273 367. Cooke Rob. a Pythagorean his manner of living c. 664. Cornish Alderman his hard Vsage is murder'd 622 624. Corporation-Oath see Oaths Corporations unjust in excluding Foreigners 27 658. Cotton Sir Rob. his Advice to the King 199 200. Covenant see Scots Covenanters rise in Scotland their Proclamations c. 542. Their Actions are routed 543. Coventry Lord-Keeper his Speech on the King's behalf 184. Mr. Henry breaks the Triple-League is made Secretary of State 477 478. Offers to sell his Place 514. Cowel his Interpreter incenses the Commons 59 60. Croke Judg a remarkable Story of him 259. Cromwel Lord his Letter to Buckingham 157. Oliver his Pedigree and Character how he rais'd himself 301 302. Designs against him 303 305. His first Success and Loss 310. Treats with the King his Ambition therein 322 323. Intercepts the King's Letters 323. Storms Drogheda and reduces all Ireland 344. Is declar'd General of all the Forces his Success against the Scots 345 346. and at Worcester 346. Contrives how to set up himself 348 358 361. Summons several great Men about settling the Nation with their Opinions 348 349. Furiously dissolves the Rump with Remarks thereon 362 363. His first Manifesto to the Nation 370. Summons a Council to govern the Nation his Speech to them 372 373. Gets rid of 'em 377 378. Appoints another Council is declar'd Protector his Instrument of Government with Remarks 379 380. Treats with the Dutch his Design against the Pr. of Orange 381 382. His Selfishness c. 383 387. His pretended Parliament and Speech to 'em 385. Is highly disgusted and dissolves 'em 386. Makes an unjust War with Spain with the ill Success of it 387 388. Assists the French against them 389 390 401. His Ways to raise Money 392. Is ill belov'd under great Disquietudes his Misfortune by a Coach 397 402. His third Parliament 398. His House of Lords 399. Is attempted to be kill'd ib. Compar'd with the greatest Tyrants 399 401. His fourth Parliament 401. His ill Success at Ostend 402. His Army of Volunteers and Death 403. His good Deeds 404 405. Rich. declar'd Protector 405. Has 90 Congratulatory Addresses presented him 406. Recogniz'd by his Parliament which he is forc'd to dissolve and thereupon is depos'd 407 408. D. DAnby Earl impeach'd by the Commons 536 538. Dangerfield discovers the Meal-tub-Plot is vilified by the Chief Justice 546. His Trial barbarous Punishment and Death 638. Dean Admiral slain by the Dutch 371. Sir Anth. sent into France to build Ships 497. Delinquents first use of the Word 274. Denbigh Earl sent to relieve Rochel but did not 225. Derby Earl routed and beheaded 347. Deserters hang'd against Law 643. Dewit John his Character and Actions 484 485. He and his Brother assassinated by the Mob 487. Digby Earl of Bristol his noble Character and severe Charges against Buckingham 109 110 118 137 187. His Ruin design'd by the Prince and Buckingham his Defence of himself is recall'd from Spain 119 138 139. Refuses the K. of Spain's generous Offers 120. His Reasons for his Proceedings in Spain 128 129. Is confin'd and petitions the King 139 175 185. Petitions the Lords for his Writ whereon 't is sent him 186. Is accus'd by the King c. ib. Is committed to the Tower 192 193. Follow'd Charles I. in all his Adversity 193. Discords in Religion often arise from Kings 17. Dispensing Power see James II. Dissenters a Bill for their Ease past the Commons but fiting out by the Lords 490. Fierce Laws against them in Scotland ib. Severâ—ly persecuted by the King and Tories 587. Too forward to address K. James 642 647. Dover Treaty 474. Dumbar Fight 345. Dunkirk sold to the French 429. Dutch declar'd Free States 26 61 339. Much in our Debt 32 33 54. Pay Tribute for fishing 32 61. Get their vast Debt remitted and their Cautionary Towns 80 81. What they detain'd from the English 115 121 249 250 338. Dispute the Sovereignty of the Seas with the English 244 c. Refuse a Coalition with England 350 374. Their Engagements at Sea with the Rump 351 354 356 371 372. Their pretended Excuses c. therein 351 352 358 372. Animate Cromwel against the Rump 361 371. Are in great Confusion 374. Their advantageous Theaty with Cromwel 383. Court Charles II. to a League 426. An Account of their former Encroachments c. 450 452. Their double-dealing 452. Their Engagements at Sea with Charles II. 457 461. Enter the River and burn our Ships 468. Get a beneficial Peace with K. Charles 469. yet their Smirna Fleet set upon send Deputies to the English and French Kings 478 479. whose Fleets they rout 481. Recapitulation of their History 482 483. Make a separate Peace with France 523 527. Complain to the English Court of the French 524. Assist the Pr. of Orange in saving these Nations 649. Their Answer to Albeville's Memorial 650. E. EAst-India Company incorporated by Cromwel 338. Edghill Battel there doubtful 296. Education of Youth 23 240 448 665. Egerton Lord Chanc. refuses to sign Somerset's Pardon 76. Eikon Basilike disown'd by Charles II. 425. Elector Palatine see Frederick Elizabeth Queen forbid French and Dutch building Ships 30. Granted the Dutch Licence to fish 32. Her sharp Answer to them 33. Allow'd K. James in Scotland a Pension 34. Elliot Sir John against the Court 189 213 231. Information against him in Star-Chamber 234 235. Essex Earl the Parliament's General 296 297 303. His ill Success 307. Lays down his Commission 310. Essex Earl murder'd in the Tower 601 602. Exchequer shut up by the King and his Cabal 478. F. FAirfax Sir Tho. for the Parliament 298 300 306. Is made General 310. Lord favours Monk 412 414 416. Falkland Lord slain his Character 299. Felton stabs Buckingham 225. Is threatned with the Rack 227. Finch Sir Joh. refuses to put any Question concerning Grievances with Remarks thereon 229 230 232. Is made Chief Justice and complies with the King 's illegal Actions 253. Made Lord-Keeper 266. Sir Heneage made Lord Chancellor c. 492 493. His Veracity Speeches 493 501. Fines excessive granted the Duke of York 602. Fire of London with Notes upon it 461 462. Fishing Trade and fishing on our Coasts 32 61 83 87 243 364 376 390 391 450 653 654 675 676 679. Increases Navigation 390 676. Fitton an infamous