A DETECTION OF THE Court and State OF ENGLAND DURING The Four Last REIGNS And the INTER-REGNUM Consisting of Private Memoirs c. With Observations and Reflections AND AN APPENDIX discovering the present State of the Nation Wherein are many SECRETS never before made publick As also a more impartial Account of the CIVIL WARS in England than has yet been given In Two Volumes By ROGER COKE Esquire The Third Edition very much corrected With an Alphabetical Table London Printed for Andr. Bell at the Cross-keys and Bible in Cornhill MDCXCVII AN APOLOGY TO THE READER THAT Man has lived long enough who has out-lived the Love and Piety he owes to his Native Country by my Native Country I do not mean the fertile and pleasant Soil of Britain nor the sweet and temperate Climate of it nor the manifold Varieties which it naturally abounds with for the use and conveniencies of humane Life nor yet the pleasant and excelling Rivers which water it nor the noble Havens and abundance of most open Ports from which it supplies other Parts of this our habitable Globe with the super-abundance of those Commodities wherein it excels and whereof the Inhabitants of those Parts stand in need and where the Waters flow as well as ebb as if they invited the World to trade with us as well as we with them But by my Native Country I mean the Constitutions and Laws of the English Monarchy which have continued for near Nine hundred Years viz. since King Egbert made a Decree that laying aside the Names of Britains and Saxons the whole Nation of that part of Britain under his Dominion should be called England Vnder these Constitutions and Laws have all English Men ever since without any Act of their own Will been born in Subjection and by them have been protected in their Lives Liberties and Estates and to govern by these Constitutions and Laws have been the Claims of our Hereditary Monarchs who have ever since governed England and though the Succession of the Kings of England have been often changed in the Saxon Danish and Norman Race of Kings yet these Laws and Constitutions have been ever since preserved notwithstanding the Attempts of many of the Kings of the Norman and I may say of the Scotish Race too to have subverted them which I believe is more than can be said of any other Monarchy in the World out of Britain So that in our English Government the Constitution and Laws of it are as well the Rules of the King's Dominion as of the Subject's Allegiance to the King and when the Majesty of the King is arrayed in Judgment Justice and Mercy then for his Subjects to resist him is High Treason in this World and Damnation in that to come and I think I may truly say no People in the World are more Honourers of their Kings yet more jealous of preserving their Constitutions and Laws than the English whereby they have preserved their Government now France and Spain whose Government was like ours have lost theirs But when the Kings of England will not make the Laws and Constitutions of England to be their Will but their Will differing from these to be the Laws and Constitutions of it then a divided Dominion will necessarily follow and it will be impossible for the Subject to obey both The King hereby puts himself out of God's Protection whose Vice-Gerent he is in governing by the Laws and misplaces his Majesty which is founded in the Honour Love and Obedience of his Subjects upon Minions and Favorites whose Servant he makes himself and these shall be the first who shall forsake him when any Adversity shall come upon him Our Chronicles give Instances hereof in the Reigns of King John Hen. 3. Edw. 2. and Rich. 2. And the design of this Treatise is to shew the Consequences that have been produced hereby in the Reigns of the Kings of the Scotish Race In this regular Monarchy the Kings of England do not abrogate old Laws or impose new or raise Monies from the Subject above the Revenues of the Crown without Consent in Parliament and hereby the Kings of England reign in the Love and Obedience of their Subjects and are freed from the Imputation of Tyranny in Sanguinary Laws and from Oppression in the Taxes granted in Parliament which no absolute Monarch is and are more absolutely obeyed in both than any absolute Monarch who makes his Will the Law of his Subjects The Division of the Will of a King of England does not only distract the Allegiance of his Subjects so that the divided Will of the King must necessarily prevail over the Laws and Constitutions of it or these prevail against the divided Will for both are incompatible and cannot subsist together But this Distraction gives Life and Motion to the ambitious Humour of Male-contents who are impatient as well of Regal Government as of submitting to the Laws and Constitutions of it And I submit my self to the Judgment of any Impartial Reader if this Divided Will in the Prince did not give that Life and Motion to the Ambition of the Factions in England Scotland and Ireland which not only raised Civil Wars in all of them but brought destruction upon K. Charles the First as well as the Laws and Constitutions of them However I will take Notice of the Loyalty of the English Nation both to K. James the first and K. Charles the first that tho these Kings were foreign born to our Laws and Constitutions yet it patiently submitted to their Vsurpations for above 35 Years whereas when King Charles the first thought he had wholly subdued this Kingdom to his Will and endeavoured to have done the same in Scotland his Native Country the Scots would not endure it so many Weeks as the English had done Years but rose against it first in Tumults after in open Arms and the discontented Parties in England joining with them however disjoined from one another brought on those Civil Wars in all the Kingdoms of England Scotland and Ireland which procur'd Destruction to the King as well as the Kingdoms In writing this History I cannot say with the noble Baptista Nani I have any Command from my Prince or any other to do it neither will I pretend to such great Advantages as he had gratis by a free access to the Records and most secret Counsels of my Country tho I must not say I have been wholly destitute of some for else such an Vndertaking would render me guilty of the highest Arrogance but what those have been I judg not pertinent here to relate they will best appear by the Work it self Yet I can say with Nani that I have not suffered my self to be defiled with Partiality which hath so prevailed in all the Writers of the late and present Times that I have seen but passing by the Privilege of venerable Antiquity which to a face of Truth hath another close adjoining that of Falshood I have chosen to expose my self
could Human Wisdom foresee of any good Success in them being against three the most potent Princes in Christendom For the Charges to maintain these Wars almost against Christendom the King requires a Benevolence of the Subject and the Nobility to lend freely Demands a Loan of 100000 l. from the City of London charges the Ports of England to furnish Ships upon their own Charges issues out Privy-Seals for Benevolences in proportion to the four Subsidies and three Fifteenths voted by the Commons grants a Commission to execute Martial Law billeâ—s Souldiers and makes the Country pay their Quarters the Rich who refuse to pay the Loans are assessed and bound over to answer at the Council-Table and the other press'd for Souldiers These were the Ways this King took to justify his Integrity for the Weal of the Kingdom so as to satisfy not only his own Conscience but his People and the whole World as he promised in his Declaration for Dissolution of the Parliament But lest the King 's Royal Proclamation for these things should be stumbled at or disputed Sibthorp and Manwaring two special Favourites of Laud are set on work to preach that the King is not bound to observe the Laws of the Land in his Government and that his Royal Will in imposing Loans and Taxes does oblige the Subject's Conscience upon Pain of Eternal Damnation Tho these things were settled to the Duke's Heart 's Content yet he had a Jealousy that in his Absence the Arch-bishop of Canterbury might give the King such Counsel as might spoil all the Glories of the Duke's Designs and therefore to remove him not only from the Council-Table but far enough out of the way from coming into the King's Presence is the Design but to put some colour upon it it was resolved That the King by a special Message should order the Arch-bishop to license Sibthorp's Sermon under his own Hand The Arch-bishop at this time was sorely afflicted with the Stone and kept his Bed when Mr. Murray brought the King's Command to him the Bishop could not forbear to take notice of the piece of Drudgery to be put upon him the like whereof was never enjoined to any of his Predecessors yet desired my Lord Conway to leave the Sermon with him some small time to peruse which my Lord did The Bishop instead of licensing the Sermon made Observations upon it how false and inconsistible the Parts of the Sermon were to one another and how contrary to Antiquity and the Authority of the Scripture for one part of the Sermon justified Ahab's taking away Naboth's Vineyard and he desired to be satisfied about his Objections before he licensed the Sermon This gave the desired Offence for upon the Arch-bishop's refusal to license the Sermon the Bishop of London who had allowed John Cosins his Book called The seventh Sacrament with all the Errors which were after expunged gave it a great and stately Allowance and Laud was ordered to answer the Archbishop's Objections and had the Bishops of Durham Oxford and Rochester to be his Assistants in it and to this the Arch-bishop must reply without seeing the Answer which if he might see he said he would batter it all to pieces which being denied you may read in Rushw f. 446 447. how the Arch-bishop did batter it all to pieces upon Mr. Murray his reading it For this special piece of Service in answering the Arch-bishop's Objections the Bishop of Durham and Laud of Bath and Wells are made Privy-Counsellors and for the Arch-bishop's refusal to license Sibthorp's Sermon he was not only banished to his House at Ford five Miles beyond Canterbury a moorish unhealthy Place and that before he could lay in his Provisions for House-keeping but the Office of High-Commission is taken from him and the Exercise of it committed to the Bishops of Durham Oxford Rochester and Bath and Wells which had so well answered the Arch-bishop's Objections to Sibthorp's Sermon And now things are thus settled at home In July the 27th the Duke is commissionated Admiral and General of a Navy Royal of 100 Sail and 6 or 7000 Land Souldiers and when he came before Rochel Sobiez came aboard of him where for several Reasons it was agreed to land the Army on the Isle of Oleron and not on the Isle of Rhee but Sobiez going to perswade the Rochellers to join with the English the Duke before his return lands on the Isle of Rhee in spite of the Opposition made by the French but instead of pursuing the Blow not only neglects to take the Fort la Prie to secure his Retreat and prevent the French from landing Supplies but stays five days whereby Toiras the French Governor encouraged his Men and also got more Force and Provisions into the Cittadel of St. Martins The French were so alarm'd at this Invasion that the King offered the Duke of Rohan and the Rochellers any Terms to join against the English which both refusing caused both their Ruins So that the Duke having made three false Steps viz. his deceiving Sobiez his not marching after landing and not taking in the Fort la Prie now let 's see a fourth The Enemy's Retreat upon the landing of the English was so hasty that they quitted a Well about twenty Paces from the Counterscarp which supplied the Cittadel with Water which not being possest upon the first coming of the Army the French drew a Work about it which the English could not force and without which Well the besieged could not have subsisted however the Duke resolved to take the Fort by Famine We have marked four false Steps the Duke made now observe the fifth which was the loss of the whole Army and ruin of all the Protestant Party in France for instead of the French joining with the English for the recovery of the Palatinate by Land the Spaniards now join the French against the English by Sea to relieve St. Martins and the Duke instead of pressing the Fort by a strait Siege entertains a Treaty of Surrender with Toiras and several Compliments past between them subscribed Your humble Servant Buckingham and Your humble Servant Toiras till Toiras got Relief of Men Victuals and Ammunition and then Toiras broke off the Treaty with the Duke Soon after the French landed Forces by the neglect of the English to suppress them and Orders were given to draw the English out of the Trenches which the French possess whereupon the English were forced to retreat and fight the French to regain the Trenches at last the 6th of November the Duke makes a vain Storm upon the Castle and was beaten off and upon the 8th the Duke retreats the French being now equal to him in Foot and superiour in Horse when the English were intangled in their Retreat the Duke having neglected to take la Prie or build a Fort upon a narrow Lane and Causey to secure their Retreat the French charged the English Horse in the rear and rout them who rout the Foot in
and in September appoint a Conference with the King at Newport in the Isle of Wight to continue for 40 Days and to that purpose take the King out of Prison and allow him the Liberty of the Island and the King upon the Matter with Reluctancy enough grants the Scots and Members their own Demands But neither the Laws and Constitutions of the Nation nor the Endeavours of his Loyal Subjects nor the joint Desires of the Scots and Members who had brought the King to this Condition could protect this unhappy Prince from his approaching Ruin for the Army every where victorious over the Scots and Royalists draw together and make a Remonstrance against all Peace with the King that Justice may be done upon him that the Crown and Church-Lands be sold to pay their Army and that the present Parliament be dissolved and another called which they present to the Members the Twentieth of November And herein Cromwel and his Son-in-law Ireton were the principal Promoters But the Members were intent upon the King's Answer to their Propositions and laid aside the Army's Remostrance which they take as a slighting of them and then seized the King in the Isle of Wight and make him Prisoner in Hurst-Castle an unhealthy Place and march to London puâ—â—â—â— Garisons into Whitehall Noble-Mens Houses and posted themselves about the Palace Yard Notwithstanding the Memberâ—nâ—â— upon the first of December and vote the King's Concessions to be a sufficient Ground for a Peace and then adjourn for a Week But when the Members were to meet again they found all the Avenues to the House beset with Soldiers who exclude all which were not of their Faction from entring the House which were not one fourth part and make the Residue Prisoners So that if the Mayor Sir John Gage and the Aldermen his Brethren were guilty of High Treason for committing a Force upon the Parliament viz. for continuing the Militia of London in the City the Year before how much more was it High-Treason in Cromwel and his Agents to keep back by Force three Fourths of the Members from entring the House and making them Prisoners that the Rumps of the rest might do his Journey-work So farewel Presbytery and all the Scotish Trumpery in England nor shall these secluded Members ever meet more but to dissolve themselves and make room for another Parliament which shall legally persecute them and their Solemn League and Covenant as much as they by it persecuted the King and their fellow Subjects against Law Nor was Presbytery much longer liv'd in Scotland where they shall never see it restored by this now Race of Kings which shall plague them with the Exercise of Archbishops and Bishops which by their Covenant they are sworn to abolish and cut off the Head of the principal of their Faction allowing them as little place for the Exercise of Presbytery as they now do the Episcopal Party Having tho but in Epitome seen the various Accidents in War whereby the King came to be in this Distress before we declare his End and the manner of it it 's fit in short to take notice of the several Treaties of Peace between the King and Parliament and the Improbability of the good Success in any of them The first Propositions for Peace which the Parliament sent to the King was June the 2d when the King was at York before the War broke out which were Nineteen which you may read at larger in Sir Richard Baker f. 518. a. b. In these Propositions no mention is made either of the Scots Covenant or abolishing Episcopacy yet some of them were so inconsistent with Monarchy and Arbitrary in the Parliament as the King in Honour and Conscience could not condescend to them I say the King could not in Honour or Conscience condescend to the 9th Proposition 15 and 16 Propositions to settle the Militia as the Parliament have ordered without the King That all Forts and Castles of the Kingdom be disposed of by the Parliament viz. The Houses and that the King discharge all his Guards and Forces and not to raise any but in case of actual Rebellion But how could this be done by the King when the Militia and Forts of the Kingdom were in the Power of the Houses So here the King who by Virtue of his Office is obliged to preserve the Laws and Constitutions of the Nation and to suppress all Disturbers of them at home and to defend the Nation from all Foreign Invasion has no means to do any of them Objection But the King had so often violated the Laws and Constitutions of the Nation by being armed with these Powers that the Nation could be in no Safety if they were continued in him Answer It 's true the Nation was in a very calamitous Estate herein But if the Members had only made it their Business how to have restrained the King herein and to have preserved the Laws and Constitutions of the Nation it would have had another Face than now when the Members are setting up themselves to do the same thing which they feared the King should act I say the King could not in Honour or Conscience agree to the 13th Proposition That the Justice of Parliament viz. the Members should pass upon all Delinquents and they to appear and abide by their Censure For Delinquent is a Word unknown to our Laws and so equivocal that it may signify whatever the Members pleased So that if the King had agreed to these Propositions he would have been a King that could neither have executed Justice nor shewed Mercy and the Houses have an unlimited Arbitrary Power to do whatever they pleased To the Propositions the King returns a sharp Answer That the Houses contrary to Law had pressed their Ordinances upon the People wrested from him the Command of the Militia countenanced the Treason of Hotham and had directed to the People Invectives against his Government and asperst him with favouring Papists and therefore protested that if he were utterly vanquished and a Prisoner in a worse Condition than any of his most unfortunate Predecessors had ever been reduced to he would never stoop so low as to grant these Demands and to make himself of a King of England a Duke of Venice But when the Covenanters in Scotland sent their Proposition to his Majesty he returned Answer he would rather die than submit to them and from a King of England make himself a Duke of Venice Yet the next Year of his own Accord went into Scotland and by Act of Parliament granted the Covenanters all they desired which yet perplext all the subsequent Treaties of Peace in England and more as the Case now stood The next Treaty was at Oxford in the beginning of 1643 which broke off the 15th of April and nothing agreed to upon this Score The Parliament Commissioners gave such Reasons for the King to assent to one of the most material Points of the Treaty that the King assented to it but
honoured and beloved was set upon by Col. John's elder Brother and routed the 29th of August where the Lord Widdrington Sir Thomas Tiddersly Col. Boynton Sir Francis Gamul Major Troâ—lop Sir William Throgmorton Col. Leg Col. Ratliff and Col. Gerard with some others were taken Prisoners but the Earl tho wounded escaped to the King at Worcester but it was his hard Fortune to be afterwards taken and tried by a Court Martial upon the 6th of October which consisted of 20 Officers and Captains five Colonels Maj. General Milton and Col. Mackworth President at Chester and upon the 22d was beheaded When Cromwel came into England he left Monk to command in Scotland who besieges and takes Sterlin-Castle by Surrender with all the Guns Ammunition and Arms Money Jewels and the Registers transferred from Edinburgh thither and quite defaced the lofty Inscription Nobis haec invicta dedere Centum sex Proavi About this time old General Lesley was raising an Army in Perth-shire Monk sends Morgan and Alured to prevent it who surprized them and take Lesley the Earls of Crawford and Lindsey the Lord Ogilby and many other Prisoners and after take Dunfrise At this time Monk besieges and takes Dundee by Storm with as terrible an Execution as Cromwel the Year before had done at Tredah Here it was and at Sterlin-Castle the Scots had lodged all their Plunder and Money they had got in England which was so plentiful that the English common Souldiers shared Money by Hatfuls The Terror of this Success frighted Aberdeen and all the other Towns in Scotland into Obedience nor did it stay here but all the Isles of Orcades and Shetland submitted which neither Roman nor English Force could ever accomplish Now the Kirk-Party are all in Yelling and Woes Heresy and Schism had overspread the beauteous Discipline of Reformation Now they cannot persecute other Men they exclaim and cry out they are persecuted themselves Their Nobles except Argile which are not killed are committed to Prison that they might share in the Tribulations as well as Triumphs of their Brethren in England But the Tribulations of the Covenanting Party did not end in Imprisonment only but extended to Life for upon the 22d of August Love and Gibbons two most zealous Covenanters were executed by a Judgment of a High Court of Justice as 't was called for holding Intelligence with their Brethren in Scotland so that this High-Justice or Summum Jus reached the Covenanters as well as the Royalists Now the Rump change the Fabrick of the Scotish Government and make Itinerant Judges part Scots part English and make a Council of State of that medly yet allow them 30 Commissioners to sit and vote in their Parliament at Westminster so that tho the Crown of Scotland were independent upon the Crown of England yet Scotland as well as Ireland and England must depend upon the Rump And that the Scots may be the more tamely ridden they are denied Arms and even Horses unless on necessary Occasions The Victory at Worcester swelled the Sails of Cromwel's Ambition brim full so that he began to entertain Thoughts of Setting up himself yet being a ticklish Point wherein he was sure to be opposed by the Factions as well as Royalists upon the 10th of December he called a Meeting of divers Members of the House and some of the Principal Officers of the Army and proposed to them That now the old King being dead and his Son defeated he held it necessary to come to a Settlement of the Nation and that he requested this Meeting that they might consider and advise what was fit to be done and to present it to the Parliament So much easier is it to destroy a Government than to erect another And now Cromwel and his Adherents had overturned the Government of Three Kingdoms they are to advise and consider how to erect another This was the good Fight which these Men fought to destroy and then knew not what to do However we 'll give the Account of these Mens Opinions verbatim as I find it in Whitlock's Memoirs f. 492. a. b. Lenthal My Lord who made him so This Company were very ready to attend your Excellency and the Business you were pleased to propound to us is very necessary to be considered God hath given marvellous Success to our Forces under your Command and if we do not improve these Mercies Blood Rapine and Murder to some Settlement such as may be to God's Honour and the Good of the Common-wealth we shall be very much blame-worthy Harrison I think that which my Lord General hath propounded as to a Settlement both of our Civil and Spiritual Liberties and so that the Mercies which the Lord hath given in to us may not be cast away how this may be done is the great Question Whitlock It is a great Question indeed and not suddenly to be resolved yet it were pity that a Meeting of so many able and worthy Persons as I see here should be fruitless and I would humbly offer in the first Place whether it be not requisite to be understood in what way this Settlement is desired whether by an Absolute Republick or with any Mixture of Monarchy Cromwel My Lord Commissioner Whitlock hath put us upon the right Point and indeed it is my meaning that we should consider whether a Republick or a mixt Monarchical Government will be best settled and if any thing Monarchical then in whom that Power shall be placed Sir Tho. Widdrington I think a mix'd Monarchical Government will be most sutable to the Laws and People of this Nation and if any Monarchical I suppose we shall hold it most just to place that Power in one of the Sons of the late King Fleetwood I think that Question whether an absolute Republick or a mix'd Monarchy be best to be settled in this Nation will not very easily be determined L. C. J. St. John It will be found that the Government of this Nation without something of Monarchical Power will be very difficult to be so settled as not to shake the Foundation of our Laws and the Liberties of the People Lenthal It will breed a strange Confusion to settle a Government of this Nation without something of Monarchy Desborough I beseech you my Lord why may not this as well as other Nations be governed by a Republick Whitlock The Laws of England are so interwoven with the Power and Practice of Monarchy that to settle a Government without something of Monarchy in it would breed so great an Alteration in the Proceedings of our Law that you will scarce find time to rectify nor can we well foresee the Inconveniencies which will arise thereby Whaley I do not understand Matters of Law but it seems to me the best way not to have any thing of Monarchical Power in the Settlement of our Government and if we should resolve upon any whom should we pitch upon The King 's eldest Son hath been in Arms against us and his second
Law established Commends the Church of England's Principles and Members knows likewise that the Laws of England are sufficient to make the King as great a Monarch as he can wish and therefore as he will never depart from the just Rights and Prerogatives of the Crown so he will never invade any Man's Property The next Sunday after his Brother's Death the King went publickly to Mass and that Week I think he order'd his Brother's dying in the Communion of the Church of Rome and before his Death his receiving his Viaticum and other Ceremonies of that Church and attested by Father Huddleston to be printed and also the Papers taken out of the King's Strong-box shewing that however he outwardly appeared otherwise in his Life yet in his Heart he was sincerely a true Roman Catholick So that however he promised to preserve the Church of England as by Law established yet his Profession was of the Church of Rome which curses the Church of England and declares them Hereticks Schismaticks and Sacrilegious Persons with whom no Faith is to be kept The King's Father Charles I took the Customs before granted by Parliament this King took both Customs and the Excise granted only for the Life of his Brother before they were given him by Parliament How this corresponded with the King's Promise but the Week before that he would never invade any Man's Property I do not understand for tho in every Government no Man has Property against the Supream Power yet by the English Constitutions the Supream Power of the Nation is in the Parliament in Conjunction with the King and the King 's taking both the Customs and Temporary Excise for his Brother's Life by his only Will and Pleasure was as much a Violation upon the Property of the Subject as if he had taken the rest of their Goods and Inheritances To the King's Promise of preserving the Church and State of England as by Law established he adds That he will imitate his kind Brother in his great Clemency and Tenderness of his People The first Act of the King's Clemency and Tenderness to his People was extended to Dr. Oates but tho the Act was compleated in this King's Reign the Scene was laid in his good and gracious Brother's when Oates was Fined 100000 l. for Scandalum Magnatum against the Duke of York in saying The Duke was reconciled to the Church of Rome and to be kept close Prisoner till the Fine was paid Oates being thus mew'd up upon the King 's coming to the Crown an Indictment of Perjury is contrived against him upon two Points one That Ireland was not in London from the 3d of August in 1678 till the 14th of September next following when Oates in Ireland's Trial said He was in a Consult concerning the killing the King about the middle of August The other was That Oates was at St. Omers all April and May in 1678 when Oates in Harcourt and Whitebread's c. Trials swore They were at a Consult the 24th of April concerning killing the King and establishing the Popish Religion But that a better View may be had of this Trial of Oates it 's fit to look back into King Charles II's Reign It seems evident to me That after the Dissolution of the Parliament at Oxford and I believe it will to any other that shall read King Charles's History that he designed never after to have another Parliament until he should get the Corporations to surrender their Charters so as they should elect no other Members than pleased him and in the mean time to take off the Heads of those who were zealous in prosecuting the Popish Plot. Upon the Dissolution of the Parliament at Oxford the Feuds between the Whigs and Tories were in highest Ferment so that whatever was done against the Whigs was cried up by the Tories and Addresses made by them to the King that they would live and die with him in them And because the Whigs as they were called would not find Bills against my Lord of Shaftsbury and Colledge they resolved to carry the Election of Sheriffs in 1682 wherein Mr. Dubois and Mr. Papillon Whigs stood Candidates against Sir Peter Rich and Sir Dudley North Tories but they resolved by Right or Wrong Rich and North should carry it and so they did but by what Right you may judg by the Prints The Tories having gained this Point Sir R. S. Gra. and Burt. are Instruments for packing Juries the Judges North Pemberton and Saunders c. shall do their parts for declaring Charters void and for Trying Fitz-Harris my Lord Russel Colonel Sidney Sir Thomas Armstrong c. But the taking off the Heads of the Whigs was but half this Design the impeached Lords in the Tower must be let loose or the Game was but half play'd This was so ticklish a Point that neither Pemberton nor Saunders could be brought up to it but Saunders dying and Pemberton removed to the Common Pleas Sir Geo. Jeffries was set up to do this Work which he did to content and so was initiated to do what other Journey-work the Court should order And now before him Oates is to be tried for Perjury upon the two Points aforesaid Ireland was tried above six Years before viz. in December 1678 before a Jury of Judges in the Old-Baily and so was Whitebread and Harcourt within about a Month less than six Years viz. in June 1679. Ireland pleaded he was not in London from the 3d of August till the 14th of September and Whitebread Harcourt c. pleaded that Oates was at St. Omers all April and May in 1678 so that if their Witnesses said true 't was impossible Oates's Testimony of Whitebread's being at the Consult in April and Ireland's in August could be true That Oates was in Town in April and May in 1678 was proved by Sir Richard Barker Mr. Walker a Minister Mr. Clay a Romish Priest Mrs. Mayo Sarah Ives Mr. Oates's Schoolmaster with whom Oates dined about the Beginning of May Mr. Page and Butler Sir Barker's Coachman But besides Oates and Bedlow's swearing Ireland was at the Consult in August only Sarah Pain who had been Servant to Grove one of the Jesuits swore Ireland was in Town in August Oates thus mew'd up the St. Omers Boys are sent for over in all haste and you need not doubt had new Instructions and the Crew of Staffordshire Witnesses the Boys to swear Oates was at St. Omers all April and May the Staffordshire Witnesses that Ireland was in Staffordshire or thereabouts in August and September Jeffries was the Judg and you need not doubt of a Jury to chime into Jeffries summing up the Evidence Things standing in this Posture Oates is tried upon the 9th of May upon Perjury upon these two Points At the Trial Oates could get only four Witnesses to appear and 't was a Wonder he could get any viz. Mr. Walker the Minister who after so long time durst not trust to his Memory to swear positively
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
have a Commission but by Law is utterly disabled and disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial and Club-Law and help to destroy all others only to be eaten up at last your selves If I know you well as you are English Men you hate and scorn these things And therefore be not unequally yoked with idolatrous and bloody Papists Be valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since 88. The first Lightning which the dormant Commission of Ecclesiastical Affairs produced fell upon the Bishop of London a Person of Exemplary Vertue and Loyalty and who besides the Nobility of his Birth had his Father slain in the late Civil Wars in defence of the King's Father's Cause and had himself and all his Brothers freely and valiantly exposed their Lives in defence of it The Crime alledged against him was that by the King's Letter he did not suspend Doctor Sharp then Dean of Norwich now Archbishop of York for preaching a Sermon against the Frauds and Corruptions of the Church of Rome by a Power as Arbitrary as that by which the Commissioners acted and for this these Commissioners suspended the Bishop tho every one understood the true Cause was the Bishop's Motion in the House of Lords to have debated the King's Speech Tantum Religio potuit swadere malorum I 'm perswaded King Charles the II. to make a Roman Hierarchy in Scotland made the Bishops out of the most obnoxious of the Clergy who besides their profligate Lives run the King's Prerogative there to a higher pitch than Laud in the King's Father's time did in England And that towards the latter end of his Reign he laid the same design here for the Bishopricks of Oxford York St. David's and Chester becoming void about the latter end of his Reign or beginning of King James's I 'll not name the Bishoprick of Litchfield and Coventry for the Petticoat governed in that Election Dr. Samuel Parker whom Mr. Marvel in his Rehearsal transposed calls Bays a Man of a virulent Disposition and who by railing against the Church got into Preferment and when he was in became a zealous Railer against them without was made Bishop of Oxford Dr. Cartright as high for the Prerogative as Parker was made Bishop of Chester and the Succession to these two Bishopricks was the more observable because Parker succeeded Dr. Fell and Cartright Dr. Peirson Men of Piety and Learning equal to any in their time and one Watson an obscure Man was made Bishop of St. David's but the Archbishoprick of York was reserved for a Person of another Temper whom these Bishops were making way for The Presidentship of Magdalen College in Oxford becoming void and the Fellows fearing a Mandamus would be imposed upon them for some Person not qualified by the Statutes and whom by their Oaths they could not submit to chose Dr. Hough for President a Person qualified by their Statutes for that Place As the Fellows feared so it came to pass for the King sent them a peremptory Mandamus to chuse the Bishop of Oxford Bays their President but he being a Person not qualified by the Statutes of their College which the Fellows were sworn to observe they in a humble Answer excused themselves as being otherways obliged as well by their Oath as Statutes I will not repeat the Anger the King express'd hereupon 't is in Print but sure such Language was never used by any Prince before But if the King 's harsh Language will not work the Fellows to his Will he will send the Commissioners of Ecclesiastical Affairs among them to turn them out of their Fellowships wherein they had as much Property as any other had to any real or personal Estate nor shall these Commissioners stay here but by a new strain of Tyranny never practised but by Absolute Tyrants they make the Fellows uncapable of any other Ecclesiastical Preferments The Fellows thus expelled the Statutes of the College are thrown out of Doors to make room for a Seminary of Jesuits and Popish Priests as much tending to the Subversion of the established Church of England as the Statutes of the College But see how God in his Providence blasted these things for the Bishop of Oxford had scarce taken possession of his thus new-acquired Presidentship when he died and you 'll soon see the Fellows restored again in spite of these Commissioners and Dr. Hough made Bishop of Oxford as well as President of Magdalen College If the King were zealous in advancing his Prerogative Royal both in the Church and State of England he will not be less in Scotland whereupon the 12th of February 1686-87 he issues out his Proclamation for Toleration of Religion which you may read in the State Tracts wherein he asserts his Absolute Power which he says his Subjects ought to obey without reserve But the Toleration which the King allows his Roman Catholick Subjects in Scotland he 'll scarce permit to his Protestant Subjects in Ireland for Tyrconnel for so has Talbot merited for his Service in Reforming the Army is not only made an Earl but Lord Lieutenant of Ireland in the room of my Lord Clarendon and one Fitton made Sir Alexander an infamous Person detected for Forgery not only at Westminster but at Chester and fined in the House of Lords was brought out of the King's Bench in England to be Chancellor and Keeper of the King's Conscience in Ireland in place of Sir Charles Porter The first Proclamation which Tyrconnel issued out was dated Feb. 21. 1687. wherein he promised to defend the Laws Liberties and established Religion but leaves out the preservation of the Acts of Settlement and Explanation But tho at first he only left out the Acts of Settlement and Explanation being resolved first to out the Protestants and let the Irish into their forfeited Estates yet did he not stay here and Bishop King in his Treatise of the State of the Protestants in Ireland gives so particular and methodical an Account how he proceeded in the destroying the Church and State of Ireland as by Law established that I refer the Reader to it not intending to lessen it by taking parts of it When the Judges had been above a Year propagating the King's Power in Westminster-Hall and in their Circuits of dispensing with the Penal Laws and Tests against Dissenters from the Church upon the 25th of April 1687 out comes the King's Declaration to all his Subjects for Liberty of Conscience wherein the King declares That it had been a long time his constant Sense and Opinion that Conscience ought not to be restrained nor People forced in Matters of meer Religion and that it was contrary to his Inclination as he thought it to be the disinterest of the Government by spoiling Trade and depopulating Countries c. Sure no Prince ever acted
Spaniard not considering the Strength and Glory of every Country consists in the well peopling and governing of it and that Desolation is the End of all God's Judgments upon any Country Here note that no Art or Science comes to pass by Fate Inspiration or Chance but by Education Learning Conversation and Experience in Arts and therefore wherever People are thin they are rude ignorant poor heathenish and idle and of little Use to their Country and also where the generality of the People of any Country be not imployed in Labours to supply other Men they become a Burden to the Country to maintain them so that Spain in this state not only lost their antient Virtue and Military Discipline but the Inhabitants being more religious and idle People than in any other part of the World became hereby not only the feeblest of all other Countries but the poorest and notwithstanding the Millions of Treasure which were yearly imported into Spain yet it could not support the Luxury of the Religious and maintain the poor idle Persons in it But Spain could not contain the bloody Superstitious Rage and Tyranny of Philip but he endeavoured to have brought in the Inquisition and Castilian Government into the Netherlands which were Provinces more rich and abounding with People and had more great and populous Towns than any other part of the known World of like Bigness and the Inhabitants of a warlike Constitution these Countries were made free by Philip's Father from their dependance upon France for after Charles had taken Francis the first Prisoner it was one of the Articles for his Enlargement that he should remit the Fealty which those Countries paid him The Fleming for so the Inhabitants of these Provinces were generally called from Flanders the greatest of them did not as the Moors run out of their Country but stoutly stood upon their Liberties and Privileges and rose up in Arms in defence of them and these Wars continuing above 80 Years not only put the Kings of Spain to a greater Expence than the Revenues of those Provinces and the Returns of the Plate Fleets from America could support but after all above seven of these Provinces rent themselves quite from the Dominion of Spain and erected themselves into a Free-state nor till the Duke of Bavaria became their Governour would the Kings of Spain trust the Inhabitants of those which continued in their Subjection with Arms to defend themselves against the French whereby the Government of those Countries became more chargeable to Spain than it could support yet so weak that they could not resist the Insults of the French nor the revolted Provinces and in this State Spain stood when King James became King of England and so continued except the Truâ—e made in 1609 till the Treaty at Munster in 1648. It hath been observed in the Treatises of the Reason of the Decay of the Strength Wealth and Trade of England and also of the equal Danger of the Church and State c. of England how much the State of England resembles that of Spain for if the Excursion of the Spaniards into America so much dispeoples Spain so does the Excursion of the Inhabitants of England into our American Plantations and in repeopling Ireland dispeople England and if the Inquisition in Spain be a Bar to keep out Supplies in Spain for their Expence into America so is the Law against naturalizing of Foreigners here in England It is true no Law or Usage in England forbids Marriage to any for supplying future Generations yet I 'le leave it to the Reader to judg if as the Case stands in England it be not worse than if Marriage were forbidden to the ordinary and meaner sort of People in England for in all the Countries of England more poor Children are born than can be employed in Rural or Country affairs and their poor Parents have not means to bind them Apprentice in Market-Towns and Corporations which exclude all other from Trading with them but those which have been bound Apprentice and served their Apprenticeship nay the 5th Act of Eliz. c. 4. excludes all from being bound Apprentices but the Children of Free-men or such whose Parents had 40 Shill per Ann. and by the Act of Eliz. 31. 7. no Cottages shall be built in Country Villages which shall not have 4 Acres of Ground annexed to them which poor Labourers cannot do so that the poor Children not being permitted to inhabit in Country Villages and excluded out of Market-Towns and Corporations are forced either to fly their Country or to be Tapsters Ostlers and Drawers Alehouse-keepers or Strong-Water-Sellers if they can get a Licence so little was the Interest of the Nation understood heretofore for the Strength and Wealth of every Nation is founded in the Number and Industry of the Natives and therefore to neglect to instruct Youth how to employ themselves or to debar any Man from the Benefit of his honest Imployment is not only unjust but impolitick And as these Corporations in excluding other Men are unjust and impolitick so are they dangerous to the Government otherwise as they are Marks of Faction and Distinction in it and as they make themselves to be the only Free-men in them whereby they exclude the rest of the Nation Now let 's see what a Sort of Men these are which claim these Prerogatives over the rest of the Subjects of the Nation but generally a Sort of Shop-keepers Retailers and whole-sale Men who neither labour nor are otherwise of any Use to the Government but by the Prerogatives of their Freedom set what Price they please upon the Labour of poor Artificers who are the Soul of the Nation and impose what Rates they please to the Buyers of these again of them whereby their Riches arise from the Oppression of the Labourer while they are idle and by imposing upon the Nobility Gentry and others in selling whereas it 's said and I believe it that in Holland a Retailer or if you will a Forestaller is not permitted unless to them who are reputed honest and by Misfortune are fallen into Decay so that as London grows rich by its Freedom of Trade with the Nation so Amsterdam and other Towns in Holland grow rich by foreign Trade The Act 3 Jac. c. 6. is of better Authority than any thing I can say and more livelily describes the manifold Mischiefs and Abuses both to the King and Kingdom which attended our foreign Trades by Companies exclusive to other Subjects of the Nation I 'le only therefore observe this in it which the Act does not That these Companies who manage foreign Trades exclusive to other Men are more tyrannous and injurious to their fellow Subjects than any of their Enemies are as has been shewed in the East-India and African Companies and hereby have no reason to expect any Assistance from the Nation to support them against the Insults of the Dutch and French upon them for why should the Nation assist them
Peace between England and Spain whereto both Kings were equally disposed more smooth and easy Yet Philip the 3d before he would openly seek it by an Ambassador from the Arch-Duke Albert Governor of Flanders felt the Pulse of the Court how it stood affected to a Peace with Spain which beat high towards it so as soon after it followed which as it was most beneficial to the English Nation so it had been to Spain if it had been as sincerely observed by King James as it was by Philip. Henry the 4th of France tho spited as 't was said that King James should not only come so peaceably but with universal Acclamations to the Crown of England whereas he laboured with such difficulty above seven Years to attain that of France and at last was forced to a dishonourable Submission to the Pope Clement VIII Yet being a Prince of great Prudence in Peace as well as fortunate and victorious in War sent Monsieur de Rosny Great Treasurer of France to renew the Treaty of Peace and Commerce formerly made between Queen Elizabeth and him which was without any difficulty done The King being thus at Peace Abroad and at Home not only in England but in Ireland as if the Wars expired there with Queen Elizabeth he not only pardoned the Earl of Tyrone the Head of that Rebellion but by Proclamation declar'd he was restor'd to the King's Favour and to be honourably used of all Men. But how pleasing soever the King 's coming to the Crown of England was to the English Nation it seems it was not so or something else to God for an horrible Plague greater than any since that in the Reign of Edward the 3d accompanied his coming in There were two Factions in England when the King came to the Crown distinguished by the Names of Puritans and Papists both dissenting from the Religion established in the Church of England the King hated those and wrote against these chiefly for their Doctrine of the Pope's Power of deposing Kings These received the King after different manners the Puritans had a huge Expectation of his Favour because he was bred up in their Doctrine and Discipline but were much deceived in it for he rarely mentioned them but with Detestation which he did not those of the Popish Religion However in January they obtained a Conference with the Church-Party at Hampton-Court where the King himself would be Moderator whilst most of the Nobility and Bishops were Spectators You need not doubt which Party prevail'd the Nobility and Bishops not only giving the King the Victory with the Epithets of The Solomon of the Age The most Learned but of being inspired But what Expectation soever the Puritans had of the King 's coming to the Crown the Papists had another Lesson taught them for tho the Popish Conspiracy against the Person of Queen Elizabeth ceased upon the Death of the Queen of Scots yet did not the Pope's Designs upon the Kingdom of England do so but Clement VIII in the Year 1600 sent Orders to his Emissaries in England that the Catholicks should admit none to succeed the Queen but one obedient to the Holy See and in Conformity hereunto Watson and Clark two Romish Priests joined in Cobhant's Conspiracy to have kept the King from coming to the Crown and were executed for it as Traitors but the Effects of the Pope's Instructions did not die with Clark and Watson as you 'll soon hear and upon the 24th of October 1603 a Proclamation was made for Quietness to be observed in Matters of Religion Notwithstanding the Rage of the Pestilence the first nine Months after the King 's coming to London all were Halcion-days Proclamations Pageants Feastings Creation of Lords and Knights Reception of Foreign Ambassadors erecting a Master of the Ceremonies after the Mode of France c. and in this time the Dignified Clergy and those who courted to be so with the Favourites at Court with whom the Civilians chimed in had so rooted their Doctrine of the King 's Absolute Power and that notwithstanding his Succession to the Crown of Scotland in the Life of his Mother he succeeded by inherent Birth-right and that Primogeniture is the Gift of God by the Law of Nature and that in his Person was reconciled all the Titles of our Saxon Danish and Norman Race of Kings that being propensly disposed to receive the Impressions they took such deep root in him that in all his Life after he would never with Patience hear any thing to the contrary however it was not long before he heard of it as you shall hear But we will stay a little and see how inconsistently these Flatterers jumbled an Absolute and Hereditary Monarchy together and how this King reconciled the Titles of the Saxon Danish and Norman Titles to the Crown For no Hereditary Monarch that ever reigned in this World but derived his Title from an Ancestor who had no Hereditary Right nor did ever any Hereditary King succeed but to govern by Laws and Constitutions which were established before he became King So however Absolute may be applicable to Conquerors yet it is inconsistent with Hereditary Kings especially in a Regular Monarchy as that of England is and those of old as of the Medes and Persians where the Will of the King alone could not alter the Laws and Constitutions of them And now let us see how King James came to claim his Crown by inherent Birth-right and how all the Saxon Danish and Norman Titles came to be reconciled in his Person It 's evident to me that tho only God can make an Heir and that tho Primogeniture be natural yet God in disposing Kingdoms is not obliged to it tho Grotius lib. 1. Tit. 11. de Jure Belli Pacis is pleased to say the Law of Nature is immutable by God himself but reserves unto himself the Prerogative of disposing Kingdoms without restraining the Succession of the King to Primogeniture or Hereditary Succession Here let us see in Epitome which you may read at large in Sir William Jones his History of the Succession of the Kings of England before and after the Conquest and the History of the Succession of the Crown of England from King Egbert to Henry the 8th printed in the Year 1690 where you will see that tho the Kings of England both before and after the Conquest succeeded in their Royal Families yet many more were not in the right Line than in it and tho before Caesar invaded Britain there was no other Government but Kingly yet Britain was divided into so many petty Kingdoms that tho it had not been barbarous it would have been as difficult to have wrote the History of the Succession of their Kings as to have wrote the History of the Succession of the Kings immediately after the Flood After the Roman Empire oppressed by its own Weight by the Division into Eastern and Western its intestine Jars and the over-flowing of barbarous Nations was so torn
Match to oppose the turbulent aspiring Faction of Harold and his Family named William Duke of Normandy his Successor but none of these were Reasons for the Deposing the Earls of Athol and Strathern being for ought I find much better qualified to reign than either John or Robert the Issue of Elizabeth Moor for John was of a heavy and unactive Disposition not fit to govern which made the King his Father to constitute his younger Brother Robert Vice-Roy a Man of a violent and inveterate Disposition So that these three Dynasties viz. the Norman Bâ—itish and Scotish were all derived from spurious Originals and as Henry the 7th was descended from John of Gaunt who was never King by Catherine Swinford so is the Race of Scotland from Robert Stuart the first of that Name before he was King by Elizabeth Moor. But though the Parliament erected this Dynasty of the Kings of Scotland yet this did not cease their Power of altering the Succession of it in a right Line For James the 2d had two Sons James the 3d who succeeded him and Alexander Duke of Albany Alexander married two Wives the first was a Daughter of the Earl of Orkney by whom he had a Son named Alexander and after married a Daughter of the Earl of Bulloign by whom he had a Son named John yet in James the 5th his Reign John was by Parliament declared the second Person of the Kingdom and next Heir to James the Fifth notwithstanding the Claim and Protestation made by John's elder Brother against it And the Scots out of Parliament assumed a Power not only of altering the Succession of their Kings but of deposing them For in the Year 1567 they deposed Queen Mary the Daughter of K. James the 5th and set up King James the 6th after King James the 1st of England an Infant scarce 14 Months old in her stead and by this Title he reigned in Scotland twenty Years in his Mother's Life and to his dying Day owned this Title Yet this King and his Son and two Grandsons after him gloried in declaring their Titles to be by inherent Birth-right and that they were accountable only to God for all their Actions Here how truly let the Reader judg the Scene was laid upon which they played their designed Game which did not end so I do not account the Dynasty of the Kings of England in the Scotish Race since Queen Elizabeth to be new in the Succession of the Persons of the four last Kings I mean King James the 1st King Charles the 1st King Charles the 2d and King James the second yet I say it was new in the Exercise of it and such as none of the Saxon Danish or Norman Race since Henry the 3d or of the British Race ever pretended to claim But in regard it has put the Nation into such a Ferment for above 80 Years and which if God pleases not to put an end to may prove as fatal to these Nations as the Feuds between the Guelphs and Gibelines did for above 300 Years overwhelm Germany and Italy in most horrible Blood-shed and Devastation we are more particular in taking a View of the Original of it From the time of the King 's coming to London May the 7th to the 11th of January little more than eight Months Stow takes notice of twelve Proclamations and upon the 11th of January out comes another for calling a Parliament which though new for the manner yet more new for the Substance and such as never before was heard of in England And that we may the better take a view of the success of the Parliaments of England in this King's Reign from this we will stay a little and consider the Constitution of a Parliament and the principal Ends of its meeting The King is the Head Principle and End of the Parliament the Lords Spiritual and Temporal and Commons which are made up of Knights of the Counties of England and Wales Citizens sent from Cities Burgesses sent from Corporations and Barons sent from the Cinque Ports which do not differ from Burgesses but only in Name are the Body the Temporal Nobility sit in Parliament in their personal Capacities but the Spiritual Nobility do not so but in right of their Bishopricks which they hold of the King by Barony and the Commons are said to be the Representative-Body of all the Commons in England not Noble by Birth or in their Politick Capacities as the Bishops are and in this Assembly resides the Supreme Authority of the Nation which as they make Laws for the publick Benefit for are they loose from them and are not obliged to them As the King is freed from the imputation of Tyranny in sanguinary Laws and of Oppression in taxing the Subjects for how can the Subjects complain of either when their Representatives in Parliament promote them So does a Parliament discharge the great Objection against Hereditary Monarchies that tho Princes see only with their own Eyes and hear with their own Ears as other Men do yet so as it is impossible without a true Representation of the State of their Subjects they can see or hear of the true State of them whereas Minions and Flatterers whose Interest is different from that of the Kingdom not only conceal the true State of the Nation but make false Representations of it to raise themselves tho out of the publick ruine but the Parliament is the Eye of the Nation which sees the Abuses which Flatterers by abusing the King's Name and making it subservient to their Interest impose upon it The great Ends of the Meetings of Parliament are first to redress the Grievances of the Nation if any be by representing them to the King Secondly to punish Men which are out of the reach of the ordinary Rules of Justice which either abuse the King's Name to attain their Ends or may prove dangerous to the Government Thirdly to make Laws against growing Evils and to repeal Laws which have been found inconvenient to the Nation And fourthly to supply the King upon extraordinary Occasions for Support of the Nation as Times and Accidents may happen Heretofore the Meetings of Parliament were so frequent that Sir John Thompson in his Preface to the Earl of Anglesey's Memoirs takes notice that from the first of Edward the 3d to the 14th of Henry the 4th which was but 85 Years there are 72 Original Writs for the Summons of Parliament so that if you allow forty Days from the Tests of the Writs to the Returns and but one Month for the Sittings of Parliament there will not be a Year's Interval between the Dissolution of one Parliament and the Summoning another and Mr. Johnson proves that they were annual and fixt to meet on the first or the Kalends of May which continued down to Edward the 1st how or whether discontinued by Edw. the 2d I cannot tell however there are two Laws yet in force for the annual Meeting of the King in Parliament
the Revenues of the Crown and Aids given in Parliament and these being of both Nations Scotch as well as English made them to be the more intolerable All things being at Peace Abroad Publick Affairs were neglected or scarce thought of whilst the Dutch still grew more powerful at Sea and without any Aid from the King were Matches for the King of Spain by Land and Henry the 4th of France was accumulating incredible Treasure at Home and laying the Foundation of vast Designs Abroad whereof the King took no notice his Genius lying another way In these Debates at Home and Lethargy of State of Foreign Affairs the Prerogative-Clergy swelled the High Commission to such an height that it was complained of as a Grievance in Parliament as you may read in Wilson's History of Great Britain â—ol 46. Nay Bancroft this Year notwithstanding the Judges Answer to the Articles exhibited to the King against granting Prohibitions and that the Parliament was still sitting repeated his Exhibitions But however the King inclined to favour Bancroft he had not Courage enough to over-rule the Judges Answer to them it may be for fear the Parliament should interpose or indispose them to grant him more Money whereof already he stood in great need But the Parliament however they gratified the King for their Deliverance from the Popish Conspiracy did not think fit to pour it forth so plentifully now in times of Peace to be profusely thrown upon Favourites and Minions who were no more Friends to them than they to the established Church of England To supply the King's Necessities as he made them one Doctor Cowell no doubt set upon by Bancroft and those called the Church the next Year after published his Interpreter wherein he premises these three Principles First That the King was Solutus a Legibus not bound by his Coronation-Oath Secondly That it was not ex Necessitate that the King should call a Parliament to make Laws but might do it by his Absolute Power Thirdly It was a Favour to admit the Consent of the Subjects in giving Subsidies Cowell's Interpeter approved by the King as the Civil Law was highly extolled by the King See Wilson fol. 46. was not only printed but publickly sold without Impunity and this gave Encouragement to the publishing many others to the same purpose among which one Blackwood published one which concluded that we were all Slaves by reason of the Conquest The Commons tho they took no notice of Bancroft and his Articles against Prohibitions took Fire at these and intended to have proceeded severely against him but the King interposed and promised to call in these Books by Proclamation as he did but they were out and the Proclamation could not call them in but only served to make them more taken notice of But this had not the desired Effect of getting more Money than one Subâ—dy and one Tenth whereupon the King by Proclamation dissolved them the 31st of December 1609 after they had sat near seven Years wherein the King set forth that he had proposed many things far differing and surpassing the Graces and Favours of former times both in Nature and Value 〈◊〉 â—â—pectation of a good Conclusion of some weighty Cause which had been there in Deliberation not only for the Supply of the Necessities of his Majesty's Estate but for the Ease and Freedom of his Subjects but these being the two last Sessions little taken notice of and that the Members by reason of the length of the Parliament were debarred from the Hospitality they kept in the Country and that divers Shires Cities and Boroughs had been burdened with Expence of maintaining their Members for these Reasons he dissolved them so that they should not need to meet at the Day set by their Prorogation CHAP. II. A Continuation of this Reign to the Dissolution of the Second Parliament 1614. BUT how precarious soever the King was to get Money of the Parliament he had not Courage enough to demand the 100000 l. per Annum by the Treaty between Queen Elizabeth and the Dutch States in 1598 whereby Eleven hundred thousand Pounds was due to him much less to demand the principal Debt viz. two Millions and also two Millions and two hundred thousand Pounds due for eleven Years Interest at 10 l. per Cent. Now by the Mediation of several Princes but especially by King James this Year a Truce or Peace for twelve Years was concluded between the King of Spain and the Arch-Dukes Albert and Isabel and the Dutch wherein the Dutch were declared Free States and independent upon the Crown of Spain or Arch-Dukes But tho the King had not Courage enough to demand the Monies due to him from the Dutch by the Treaty with Queen Elizabeth he had so much as to enter into a Treaty with the Dutch for a Tribute to be paid to him for License to fish upon the Coasts of England and Scotland but the Dutch observed this no better than that with the Queen and the King got less by it Long Parliaments beget long Intervals in which Grievances become so multiplied and fixed that they become so much more difficult to be redressed by how much longer the Intervals are And since the King could not get Money of the Parliament and was afraid to demand any of the Dutch let 's see what Courses he took to get Money during the Interval from this Parliament to the meeting of the next which was five Years and how the Case stood with them In the opening of the first Parliament the King tells them that he was so far from encreasing their Burden with Rehoboam as that he had so much as either Time Occasion or Law could permit lightned them and at that time had been careful to revise and consider deeply upon the Laws made against them that some Overture may be proposed in Parliament for clearing those Laws by Reason which is the Soul of the Law in case they have been in times past further or more rigorously executed by Judges than the meaning of the Law was or might tend to the Hurt as well of the innocent as guilty Persons At the Dissolution of the Parliament the King 's principal Favourites were Henry Howard Brother to the Duke of Norfolk whom Queen Elizabeth beheaded tho a Papist yet Lord Privy-Seal Robert Cecil Earl of Salisbury Lord Treasurer Philip Earl of Mountgomery for a certain Reason Thomas Lord Walden Son of the Duke of Norfolk after created Earl of Suffolk and Sir Henry Rich after Earl of Holland English the Earl of Dunbar Sir Alexander Hay and Sir Robert Carr who in a short time shall overtop them all Scotish There was a Story current in those Times which I have heard from some credible Persons which did live in that time That King James having given Sir Robert Carr a Boon of 20000 l. my Lord Treasurer Salisbury that he might make the King sensible of what he had done invited the King to an Entertainment and so
Angely Gergeau Sancerre and Saumur which were all the Cautionary Places which the Reformed had upon the Loire and also Suilly Merac and Caumont King James that he might as much appear for the Reformed as he had done for his Son-in-law sent Sir Edward Herbert after Baron Herbert of Cherberry his Ambassadour into France to mediate a Peace between the King and the Reformed and in Case of Refusal to use Menaces which Sir Edward bravely performed to Luynes and after to the French King himself which being misrepresented to King James Sir Edward was recalled and the Earl of Carlisle was sent Ambassadour into France in his room and the Earl finding the Truth to be otherwise than was represented by Luynes acquainted the King with it Hereupon Sir Edward kneeled to the King and humbly besought him that since the Business between Luynes and him was become publick that a Trumpeter if not an Herald on Sir Edward's Part might be sent to Luynes to tell him That he had made a false Relation to the King of the Passages between them and that Sir Edward would demand Reasons of him with Sword in Hand on that Point but the King was not pleased to grant it and here began the Downfal of the Power of the Reformed in France and the Rise of the French Grandeur by Land In this rotten and teachy State of Affairs before the Meeting of the Parliament the King issued out a Proclamation of which he was as prodigal as bountiful to his Favourites forbidding Men to talk of State-Affairs as if his Favourite Buckingham who governed all was so mindful of them nor was the King less jealous of the Parliament's meddling with State-Affairs than of the Peoples talking of them out of Parliament so that the King upon the opening of the Parliament the 30th of January told them of the Constituting Parts of a Parliament and how it was twelve Years since he had received any Aids from Parliaments and how that though he had prosecuted a Treaty of Marriage between the Prince and Infanta of Spain which if it were not for the Benefit of the Established Religion in England and of the Reformed abroad he was not worthy to be their King and though he had refused to assist his son-in-Son-in-law in his Election to the Kingdom of Bohemia being a matter of Religion contrary to what he had wrote against the Jesuits yet that he could not sit still and see the Patrimony of his Children torn from them by the Emperor and therefore was resolved to raise an Army next Summer and that he would engage his Crown his Blood and Soul for the Recovery of the Palatinate And having before told the Commons of their Duty to petition the King and acquaint him with their Grievances but not to meddle with his Prerogative he after tells them that who shall hasten after Grievances and desire to make himself popular has the Spirit of Satan The Parliament notwithstanding the violation of their Privileges the last Parliament by the King 's imprisoning their Members yet being zealous to assist the King against the Emperor and King of Spain in favour of the Palsgrave and though the Nation at no time before so much abounded in Corruption and Grievances yet to humour the King inverted the Methods of Proceedings in Parliament and the Commons granted the King two entire Subsidies and the Clergy three before they entred upon Grievances which so pleased the King that in a Speech in the House of Lords he declared it was more acceptable to him than Millions it shewing he reigned in the Love and Affections of his Subjects but he did not long hold in this Mind At this Sessions of Parliament if it may be called so no Act but that of the Subsidies passing Sir Giles Mompesson and Sir Francis Michel were sentenced and degraded for erecting new Inns and Ale-houses and exacting great Sums of Money by pretence of Letters Patents granted for that purpose Sir Giles fled and so escaped a farther Punishment but Sir Francis was condemned to perpetual Imprisonment in Finsbury Goal Sir Francis Bacon Viscount Verulam and Lord Chancellor was likewise censured deposed fined and committed Prisoner to the Tower for Bribery and Bacon's Fall was Doctor Williams's Rise Dean of Westminster to be Lord Keeper of the Great Seal But the Commons debating the Growth of Popery and the dangerous Consequences of the Spanish Match contrary to the King's Speech and Inclinations he upon the Fourth of June which the Commons took to be an Invasion upon their Privileges by Commission adjourned them to the 14th of November and by a Proclamation forbid the talking of State-Affairs In this recess the Spaniards took Stein in the lower Palatinate and the Duke of Bavaria all the Upper Palatinate and the Arms of Lewis prevailed more upon the Reformed in France yet none of these prevailed upon the King further than to mediate a Suspension of Arms in order to treat an Accommodation between the Emperor and his Son-in-law and the French King and the Reformed which had no other Effect but to make the King contemptible in Germany as well as France his Power and Authority being bounded up only in Words and Messages which the King's ill-Willers blazing abroad cost the King more than would have recovered the Palatinate However the King abated nothing of his Pleasure and dissolute Life but according to the usual Methods of his Life in the Autumn went to New-Market to divert himself with Hunting from the trouble of Affairs either foreign or domestick leaving his Favourite Buckingham Dictator of all his Affairs when the Parliament met again But how remiss soever the King was of his Affairs the Commons were not perhaps heated by their Adjournment and alarmed at the Progress of Lewis against the Reformed in France and of the Emperor and King of Spain not only in the Palatinate but all over the Empire against the Protestants and also with the Liberty which the Popish Party took upon the hopes they conceived would accrue to them by the Spanish Match still as fervently pursued by the King and Prince as ever the King being encouraged hereto by the Earl of Bristol the King's Ambassador in Spain but more by the Spanish Ambassador Gundamor here A Person as Nâ—ni observes who with a stupendous Acuteness of Wit so confounded pleasant things with serious that it was not easy to be discerned when he spoke of Business and when he rallied he had so insinuated himself into the Mind of the King that he need not take any further care of restoring his Son-in-law to the Palatinate but by Prince Charles his marrying with the Infanta the Treaty whereof now is 8 Years old being brought to Maturity and Perfection so soon as the Pope should grant a Dispensation The House of Commons hereupon being ill satisfied with the Distribution of the Subsidies before granted to the King resolve to proceed upon Grievance before they granted more Supplies and to that end drew up
Peace in all his Dominions when all our Neighbours about are in a miserable Combustion of War but Dulce Bellum inexpertis 5. That he had ever professed to restore his Children to their Patrimony by War or Peace and that by his Credit and Intervention with the King of Spain and Arch-Dukes he had preserved the lower Palatinate from the farther conquering for one whole Year and that his Lord Ambassador Digby had extraordinarily secured Heidelburg 6. That he could not couple the War of the Palatinate with the Cause of Religion and that the War was not begun for Religion but only by his Son-in-law's hasty and rash Resolution to take to himself the Crown of Bohemia and that this Usurpation of it from the Emperor had given the Pope and that Party an Occasion to oppress and curb many thousands of our Religion in divers parts of Christendom Here I desire that the Reader take notice of the Case of the Bohemians as it is set forth by Baptista Nani fol. 126. Anno 1618 after they had Liberty of Conscience granted them by Rodolph the Emperor and that Ferdinand had no colour of Title to the Kingdom of Bohemia but as he forced the Emperor Matthias to surrender it to him Ferdinand says he bred up in the Catholick Faith detested all sorts of Errour and therefore by how much not succeeding to the Father he found the Patrimonial Countries incumbred with false Opinions so much more with signal Piety had he applied himself to promote the true Worship with such Success that at last those Provinces rejoiced to be restored to the Bosom of the Antient Religion But this was not without some Sort of Severity so that many not to leave their Errours were constrained to abandon their Country and sell their Estates living elsewhere in Discontent and Poverty and others driven away by force and their Estates confiscate saw them not without Rancour possessed by new Masters and all this done in the Life of Matthias So that Ferdinand as his Title was Vsurpation and Force so was the Exercise of it Tyranny in the highest Degree to the Overthrow of the Bohemian Laws and Liberties therefore the Original of the Bohemian War was not founded in the Election of Frederick to be King for Ferdinand perpetrated these things two Years before Nani goes on and says in the Empire therefore in which the Religion no less than the Genius is for Liberty there appeared great Apprehensions that where Ferdinand should get the Power he would exercise the same Reformation and impose a Yoke so much the more heavy by how much standing in need of Money and the Counsels of Spain he should be governed by the Rules and Maxims of that Nation so hateful to the Germans So that it was not the Election of Frederick to be King of Bohemia that opened that Gate for the Pope and his Party for curbing and oppressing of many thousand of our Religion in divers parts of Christendom as the King said for it was set wide open before by Ferdinand 7. That the Commons Debates concerning the War with Spain and Spanish Match were Matters out of their Sphere and therefore Ne sutor ultra Crepidaâ— and are a Diminution to him and his Crown in Foreign Countries That the Commons in their Petition had attempted the highest Points of Soveraignty except the stamping of Coin 8. That for Religion he could give no other Answer than in general that the Commons may rest secure he will never be weary to do all he can for the Propagation of ours and repressing of Popery but the manner they must remit to his Care and Providence 9. That for the Commons Request of making this a Sessions and granting a General Pardon it shall be their fault if it be not done But the Commons required such Particulars in it that he must be well advised lest he give back double or treble of that he was to receive by their Subsidy but thinks fit that of his free Grace he sends down a Pardon from the higher House containing such Points as he shall think fittest 10. He thinks it strange the Commons should make so bad and unjust a Commentary upon some Words in his former Letter as if he thereby meant to restrain the Commons of their antient Privileges and Liberties in Parliament wherein he discharges them from meddling with Matters of Government and Mysteries of State namely Matters of War and Peace or his dearest Son's Match with Spain or that they meddle with things which have their ordinary Course in the Courts of Justice That a Scholar would be ashamed so to mis-judg and misplace Sentences in another Man's Book for in the coupling these Sentences they plainly leave out Mysteries of State and so err a bene divisis ad mala conjuncta that for the former part concerning Mysteries of State he plainly restrained his meaning to the Particulars which were after mentioned and for the latter he confesses he meant it by Sir Coke's foolish Business and therefore it had well become him especially being his Servant and one of his Council to have complained to him which he never did tho he was ordinarily at Court and never had Access refused him Sir Coke's Business was a Conspiracy against him by my Lord Chancellor Bacon one Lepton and Goldsmith after he was discharged from being Chief Justice to have exhibited an Information against him in the Star-Chamber or have sent him into Ireland The Business was debated in the House of Commons but Sir Edward complained not nor appeared to speak in it If the King were uneasy with the Commons Remonstrance the Commons were not less with the King's Answer and at the Resolution taken at Court to adjourn the Parliament to the 8th of January next which the Commons took to be a Violation of their Privileges and an Omen of their Dissolution whereupon they entred this Protestation THE Commons now Assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Privileges of Parliament among others here mentioned do make this Protestation following That the Liberties Franchises Privileges and Jurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects of England and that the ardueus and urgent Affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and Redress of Grievances and Mischiefs which may happen within this Realm are proper Subjects and Matter of Counsel and Debate in Parliament and that in the handling and proceeding of those Businesses every Member of the House of Parliament hath and of right ought to have freedom of Speech to propound treat reason and bring to Conclusion the same And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such order as in their Judgment they shall think fittest And that every Member in the said House hath likewise freedom from all Impeachment Imprisonments and
horrible manner massacred many English and seized upon the English Factories there to the Value of four hundred thousand Pounds and made the rest of the English Slaves and sent them into other Islands which the Dutch had possessed themselves of This was in the Year 1622. Nor did the Dutch stay here but seized upon the English Factories in Seran Nero Waire Rosingen Latro Cambello Hitto Larica Lantare and Poloroone possessing themselves of their Goods and Factories there and took 1800 English which they sent into other Islands and Plantations which they had forced from the Indians Let 's see now how highly King James resented these things he only sent to the Dutch Ambassador and told him He never heard nor read a more cruel and impious Act than that of Amboyna But I do forgive them and I hope God will but my Son's Son shall revenge this Blood and punish this horrid Massacre nor never further vindicated his own Honour or his Subjects Blood and loss of their Goods and Trade herein Whereas about a Year before when he heard of the Commons horrid Invasion upon his Prerogative by asserting their Rights and Privileges in a Fury he dissolves the Parliament and sick as he was or seemed to be to the indangering of his Health he came in a hurry from Theobalds called his Council and Judges about him and propria Manu cut the Commons Protestation out of their Journal-Book and committed many of their Members close Prisoners without Bail or Main-prize and banished others That we may take a better View of the latter end of this Reign and the following one of King Charles it will be convenient to look into Holland and herein observe That Barnevelt and the Dutch States after they had retrieved their Cautionary Towns from King James Barnevelt assisted by Hugo Grotius nourished a Faction in Holland called the Arminian from Arminius who maintained 5 Heads contrary to what Calvin had taught in his Institutions which was the Doctrine of the Church set up in Holland and the other Vnited Provinces By this Faction thus countenanced by Barnevelt and Grotius they endeavoured to have deposed Maurice Prince of Orange State-holder tho he and his Father and Uncles were the principal Instruments whereby the Dutch became States But Maurice proved too hard for them and cut off Barnevelt's Head and had hanged Grotius if his Wife had not conveyed him away in a great Chest pretending it contained Arminian Books This was in the Year 1620. Tho Barnevelt and Grotius propagated the Arminian Tenets to have deposed the Prince of Orange and advanced their Democratical Government yet the Church-men of England who preached the King's absolute Power and exalted his divided Will from the Laws and Constitutions of the Nation above his Royal Will in Governing by them promoted these Tenets and those that opposed them were stiled Puritans The principal Stickler herein was Dr. William Laud a Man of a most turbulent and aspiring Disposition and one of the first Acts for which he was taken notice of was to marry the Earl of Devonshire to the Lady Rich Mother to Robert Earl of Warwick and Henry Earl of Holland when her Husband was alive but this was so far from advancing him that the King was highly incensed against him for it Yet Laud's aspiring Humour could not contain him in a private State but follow the Court he would yet could never arrive higher than to be one of the King's Chaplains by means whereof he sometimes got the King's Ear. The King hated the Presbyterian Government and had got the Bishops in Scotland to be re-ordained by three of the English Bishops as a distinct Order which the Kirk in Scotland took for an abominable Usurpation over them and also in the Year 1618 got the five Articles commonly called The five Articles of Perth to be settled as more agreeable to the Doctrine and Discipline of the Church of England but this was to the further Indignation of the Kirk-party and herein King James set up his rest as having gained an high Point but tho the King hated the Presbyterian Government yet he opposed the Arminian Tenets Arch-bishop Abbot observed of him when he was at Court he was Buckingham's only inward Counsellor sitting sometimes with him privately whole hours and feeding his Humour with Malice and Spite and when he was at Oxford his Business was to pick Quarrels in the Lectures of publick Readers and to advertise them to the Bishop of Durham Neal the great Countenancer of the Arminian Tenets and Promoter of the King's Prerogative that he might fill the Ears of King James with Discontents against the honest Men that took pains in their Places and settled the Truth which he called Puritanism in their Auditors As you may read in Rush fol. 444. Nor could Laud forbear when he could get the King's Ear but he urged him more than once to promote the Doctrine and Discipline of the Church of England in Scotland after the obtaining the passing of the five Articles at Perth this frighted King James who better knew the Temper of his Country-men and how difficultly he had got the Articles of Perth to pass that Laud ignorant of the Temper of the Scotish Nation should be so audacious to put the King upon this which might as it after did embroil all Scotland in Tumults and Wars and now becomes more averse to Laua's Promotion than before But this was no Consideration to Buckingham whether the King would or nor Laud should rise And soon after Williams was made Lord Keeper the Bishoprick of St. Davids fell and Buckingham resolved Laud should have it and the Keeper must be the Man to propound it to the King and receive no Denial But it 's fit to observe here in what an humbling manner this Promotion was accomplish'd on the part of Laud and take it as it was sent me by a Gentleman with the Attestation of Col. L. and R. L. Esq who often heard Mr. Francis Osburn speak of it as a certain Truth and who had taken notice of it in some of his Works not made publick As soon as Laud had Information that the foresaid Bishoprick was vacant he hastens to wait upon the Duke of Buckingham for that Preferment but found the Duke was not stirring but being impatient of Delay prevails upon one of the Duke's Gentlemen to acquaint him he had earnest Business with his Grace and begged immediate Admittance which being granted the Doctor enters his Grace's Chamber and finds him a-bed with a Whore the Duke asks his Business Laud told him the Bishop of St. Davids was dead and that he came to beg his Grace to recommend him to the King for the vacant See The Duke told him that he had been represented to him as the proudest Man alive and therefore he could not in Honour recommend him to the King Laud assures his Grace that what had been said of him upon that Head was utterly false and the effect of
me more than any of his Predecessors and he may believe me that in any thing that shall concern him I will employ not only my Peoples Lives but my own Bravely spoken and like K. James and whosoever of his Subjects Lewis's shall rise against him either Catholicks or others shall find him James a Party for him Lewis 'T is true if he be provoked to infringe his Edicts he shall impart as much as in him lies by Counsel and Advice to prevent the Inconveniencies Who ever expected he should do more or ever did But Venus must not have the only Ascendant in this Treaty for the Cardinal will have Mars to be in Conjunction with her and 't was high time for at this time Monsieur Sobiez had provided a great Fleet of Men of War as Times went then with the French and had entered and surprised the Fort of Blavet in Bretaign and took and carried away six of the French great Men of War out of it and also taken the Isles of Rhe and Oleron which he began to fortify and being absolute Master of the Sea triumphantly with a Fleet of 75 Men of War of all sorts landed a considerable Force at Medoc near Bourdeaux The Court of France was never so alarmed as at this notwithstanding all the King's Victories over the Reformed by Land and therefore the Cardinal threw another Article into the Treaty That King James should lend the French a Fleet of Ships to repress Soubiez and in lieu thereof the French should permit Mansfield who had raised an Army of 10000 Foot and 2000 Horse in England to land at Calais where the French should join him with another Body of Horse and Foot for the Recovery of the Palatinate But see the French Faith and how well Lewis made good his Promise to King James to render him all Offices in his own Person whensoever King James should desire him for at this time the Army being shipt at Dover and put over to Calais where being denied Entrance and having no other Instructions and wanting Provisions they lay neglected at Sea and in this Distress a Pestilence raged among them so that they were forced to sail to Zealand where having no Orders they were denied Landing there and this being the most terrible Season of the Year in December what by Hunger Cold and Pestilence above two thirds of them perished before Leave could be obtained to land them in Holland so that they never did the King of Spain near so much Hurt as they had done in England before they were shipt living upon Plunder and Free-Quarter These were sad Presages of future Happiness from the designed Marriage yet these things no ways discomposed the quiet Repose of our pacifick King so as he might see his only Son married to a Daughter of France was all his Business no matter how The Thirst which God was his Judg and as he was a Christian King he had contracted equal to that of the wayfaring Man in the Desarts of Arabia and in danger of Death for want of Water for the good Success of the Parliament is now asswaged by the granting of three Subsidies and three Fifteenths Here 's no mention of marrying his only Son with the Tears of his only Daughter and he is still ready with the Lives of his Subjects and his own to assist the most High most Excellent and most Puissant Prince his most dear and most beloved Brother Cousin and antient Ally Lewis The Managers of this Treaty were Hay a Scots-man created Earl of Carlisle and the Lord Kensington for the more Honour of it created Earl of Holland two of the King's Favourites of the second Rate but who bare no proportion to the Sagacity Wisdom and Integrity of the Earl of Bristol Bristol was all Heare of Oak and would not bend to Buckingham's Pride and Ambition but they were Willows that were liable to every Nod and Wind of Buckingham's Breath But how comes Buckingham who must have an Oar in every Boat to be absent from this Treaty The Reason was tho he were not wise yet he was jealous lest King James in his Absence should hear Bristol against him as the King had promised as well as he had heard Buckingham against him which was so dangerous a Rock as our Land-Admiral would not venture to run against Notwithstanding all this Haste for consummating this desired Marriage the Thread of the King's Life was spun out before for upon the 27th of March Ann. 1625. he died at Theobalds in the 58th Year of his Age having reigned twenty two Years compleat Having had an Ague the Duke of Buckingham did upon Monday the 21st before when in the Judgment of the Physicians the Ague was in its Declination apply Plaisters to the Wrists and Belly of the King and also did deliver several quantities of Drink to the King tho some of the King's Physicians did disallow thereof and refused to meddle further with the King until the said Plaisters were removed and that the King found himself worse hereupon and that Droughts Raving Fainting and an intermitting Pulse followed hereupon and that the Drink was twice given by the Duke 's own hands and a third time refused and the Physicians to comfort him telling him that this second Impairment was from Cold taken or some other Cause No no said the King it is that which I had from Buckingham I confess this was but a Charge upon the Duke upon the Impeachment of the Commons as you may read in Rushworth fol. 355 356. yet it was next to positive Proof for King Charles rather than this Charge should come to an Issue dissolved the Parliament which was a Failure of Justice tho the Commons had voted him four Subsidies and four Fifteenths before it was passed into an Act. The Character of King James He was the first of that Name King of England and the first King of the whole Isle of Britain and the first King since Henry the first that was born out of the Allegiance to the King of England and was the first at least since Rich. 2. that affected and endeavoured to introduce an Arbitrary Power in England foreign to the Laws and Constitutions of it and in all his Reign was more governed by Flatterres and Favourites than by the Advice of his Parliament or a wise Council His Flatterers and Favourites seldom spake of him but under the Appellation of Most Sacred rarely I think or never before used to any of the Kings of England and of the Solomon of the Age though never were two Kings more unlike unless it were in their Sons Charles and Rehoboam for Solomon died the richest of all the Kings of the World King James the poorest Solomon was inspired above all other Kings with Wisdom and his Proverbs Divine Sentences for Improvement of Vertue and Morality whereas this King's Learning wherein he and his Flatterers so much boasted was a Scandal to his Crown for all his Writings against Bellarmine and
Magna Charta is such a Fellow that he will have no Soveraign I wonder this Soveraign was not in Magna Charta or in the Confirmations of it If we grant this by Implication we give a Soveraign Power above all these Laws Power in Law is taken for a Power with Force The Sheriff shall take the Power of the County what is meant here only God knows It is repugnant to our Petition grounded on Acts of Parliament Our Predecessors could never endure a Salvo jure suo no more than the Kings of old could endure for the Church Salvo honore Dei Ecclesiae We must not admit this and to qualify it is impossible Let us hold our Privileges according to the Law that Power which is above this is not fit for the King or People to have it disputed further I had rather for my part have the Prerogative acted and I my self lie under it than have it disputed Sir Thomas Wentworth said If we admit of this Addition we leave the Subject worse than we found him and we shall have little Thanks for our Labour when we come home Let us leave all Power to his Majesty to punish Malefactors but these Laws are not acquainted with Soveraign Power We desire no new thing nor do we offer to trench upon his Majesty's Prerogative We may not recede from our Petition neither in part or whole Mr. Selden said Let us not go hastily to the Question if there be any Objections let any propound them and let others answer them as they think good If it the Saving hath no Reference to our Petition what does it here I am sure others will say it hath Reference and so must we how far it does exceed all Examples of former times no Man can shew the like Then he shews the manifold Statutes besides Magna Charta wherein is no such Saving And whereas Mr. Speaker said The King was our Heart and ever shall be but then Mr. Selden said We spake of the King's Prerogative and we are bound to say so but when we speak of our Rights we are not to be imprisoned Saving but by the King 's Soveraign Power Say my Lands without any Title be seized into the King's hand and I bring a Petition of Right and I go to the King and say I do by no means seek your Majesty's Title and after that I bring a Petition or Monstrance de droit setting forth my own Right and Title and withal set down a Saving that I leave entire his Majesty's Right it would be improper Then he cites many Statutes wherein there are Savings but no ways pertinent to this which you may read at large in Rushworth ' s Collections and Franklin ' s Annals And in truth it troubles me I am forced to curtail this not only in Mr. Selden but other Noble Persons by reason the Treatise would swell to a greater Bulk than I designed it The Lords afterwards had a Conference with the Commons to fortify their Addition managed by my Lord Keeper which was answered by Mr. Mason And after that the Commons desired another Conference with the Lords and ordered Serjeant Glanvile to argue the legal part of the Petition and Sir Henry Martin the rational part of it which they did so well that at a Conference May 26. 1628 between both Houses the Lord Keeper from the Lords told the Commons the Lords agreed with them in omnibus of their Petition only in the Alteration of two Words viz. Means for Pretext and for the Word unlawful not warrantable by the Laws and Statutes of the Realm The Houses thus happily accorded the Petition with the foresaid Amendments were read two several times in the House of Commons and then upon the Question voted to be engrossed and read a third time and the House to sit in the Afternoon till it was engrossed and read and ordered to be presented to the King in which there was not one Negative And the Bill for the Subsidies was read a second time and committed and upon Wednesday the 28th the Lords and Commons had a Conference about the Manner of Delivery of the Petition and Sir Edward Coke reported that their Lordships were agreed That no Addition or Preface be used to the King but that the Petition be preferred to his Majesty by the Command of the Lords and Commons and that his Majesty by be desired to the Content of his People he would give his Gracious Answer in full Parliament In all these Transactions the King was very uneasy fain he would have the Money yet was unwilling to answer the Petition The House was aware of this and therefore agreed the Petition before they would pass the Money-Bill Upon the 12th of April the King by Secretary Cook acquainted them of the Necessity of Supply and expected some Fruit of what was so happily begun but finding a Stop beyond all Expectation of so good a Beginning the Secretary was therefore commanded to tell them That without any further or unnecessary Delay they proceed in this Business and bid them therefore take heed that they force him not to make an unpleasing end of that which was so well begun And two Days after the Secretary quickned the Business of this Supply again Upon the 2d of May the King sent a Message by Secretary Cook That as he would rank himself amongst the best of Kings wherein he has no Intention to invade or impeach our lawful Liberties so he would have them to match themselves with the best of Subjects not by encroaching upon that Soveraignty or Prerogative which God had put into his hands for their Good and that this Sessions of Parliament must continue no longer than Tuesday come Seven-night at the farthest and that his Royal Intention is to have another Session at Michaelmas next for the perfecting such things as cannot now be done Now let 's see how unwillingly the King was brought to pass the Petition Upon the 16th of May Secretary Cook pressed the House to rely upon the King's Word and that the King promised to govern them by the Laws and that they shall enjoy as much Freedom as ever and that this might be debated in the House but Sir John Elliot answered that the Proceedings in a Committee is more honourable and advantagious to the King and House with whom the House agreed In the Debate of this Committee some were for the Bill to rest but Sir Edward Coke ' s Reasons prevailed to the contrary Was it ever known said he that General Words were a sufficient Satisfaction to particular Grievances Was ever a Verbal Declaration of the King Verbum Regni When Grievances be the Parliament is to redress them Did ever Parliament rely on Messages They put up Petitions of their Grievances and the King answered them The King's Answer is very gracious but what is the Law of the Realm that 's the Question I put no Diffidence in his Majesty the King must speak by Record and in
thereunto that altho he granted Commissions for collecting certain Duties and Customs due by Law yet made none for receiving the Subsidies of Tunnage and Poundage till it was granted in Parliament Since his time all Kings and Queens have had such Grants for Life by the free Love and Good-will of the Subjects but whensoever the People have been grieved by laying on any other Imposition or Charges upon their Goods and Merchandise without Authority of Law which has been very seldom yet upon Complaint in Parliament they have been relieved saving in the time of your Royal Father who having through ill Counsel raised the Rates and Charges upon Merchandise to that height at which they now are yet he was pleased so far to yield to the Complaint of his People as to offer That if the Value of such Impositions as he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any more which Offer the Commons did not yield to Nevertheless your Loyal Commons in this Parliament out of special Zeal to your Majesty's Service and especial Regard of your pressing Occasions have taken into their Consideration so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the Defence of your Realm and your Subjects by being more secure from all undue Charges be more encouraged chearfully to proceed in Trade by Encrease whereof your Majesty's Profit and likewise the Strength of the Kingdom would be much augmented But being now not able to accomplish this their Desire there is no Course left to them without manifest Breach of their Duty to his Majesty and Country save only to make this Declaration That the receiving Tunnage and Poundage and other Impositions not granted by Parliament is a Breach of the Fundamental Liberties of this Kingdom and contrary to your Majesty's Royal Answer to the Petition of Right The King who had so unwillingly heard the Commons Remonstrance against the Duke before the Bill of Subsidies was passed both Houses now it was past both Houses was resolved to hear no more of this and therefore when this Remonstrance concerning the Tunnage and Poundage was engrossed and reading in the House the King sent for the Speaker and the House to the House of Lords where the King came so unexpectedly that the Lords had not put on their Robes nor had the Commons given the Speaker any Order or Direction to deliver the Bill of Subsidies neither was it brought down to the Commons again as is usual When the Commons came to the Lords House the King said It may seem strange that I come so suddenly to end this Session before I give my Assent to the Bills I will tell you the Cause tho I must avow that I owe the Account of my Actions to God alone It is known to every one of you that a while ago the House of Commons gave me a Remonstrance how acceptable every Man may judg and for the Merit of it I will not call that in question for I am sure no wise Man can justify it Did ever any King of England but this King's Father and himself treat a Parliament or either House at this rate before At the opening of the Parliament he calls them Fools if they would not do as he would have them and now he tells the Commons No wise Man can justify their Advice to him I 'm sure a wiser Man than this King or his Father says He that wins Souls is wise and if you convert the Proposition He that provokes them is otherwise Heretofore the Kings of England and I believe all prudent and civiliz'd Princes ever forbore to give any Petitioners harsh Language if their Petitions did not please their usual Answer was The King will consider or be advised upon them One great End of the Meeting of Parliaments is truly to represent to the King the State of the Kingdom which is rarely done by Flatterers and Favourites whose Interest is contrary to that of the Kingdom and if any thing be done in Prejudice of the King and Kingdom that both may be redressed in Parliament In the Commons Remonstrance to the King they set forth the weak and dangerous State of the Kingdom equally dangerous to the King and Kingdom in six several Particulars Does the King either answer or deny any one of the Particulars otherwise than that he is sure no wise Man can justify their Remonstrance But tells no Reason for this nor from whom he had this Assurance Was ever any King or Man so great as to be above his Interest or less for being well advised in all his Actions Nay ought not not only every King but other Men be so much more careful and advised in all their Actions by how much greater they are The King goes on and says Now since I am truly informed that a second Remonstrance is preparing for me to take away the Profit of Tunnage and Poundage one of the chief Maintenances of my Crown by alledging I have given away my Right thereto by my Answer to your Petition So that here the King hath true Information of that but says not how he was truly informed which was not in being for the Remonstrance was not passed the Commons when the King came into the House of Lords so that it may more probably be the King is not truly informed of this Remonstrance I 'm sure he is misinformed if the Remonstrance as it is printed in Rushworth and Franklin be true that the Commons alledged that the King had given away his Right to the Customs by his Answer to the Petition of Right For the Commons denied there that either he or any of his Predecessors before him which was long before the Petition of Right had any Right to them before they were granted by the free Gift of the Subject Tho the King would take the Customs to which he had no Right yet would he not permit the Commons to sit till they could perfect a Bill to give him Duties upon Tunnage and Poundage without which no King of England before him claimed any other Right But since the King says in his Declaration for the Dissolution of the Parliament that his Predecessors time out of mind have had these Customs but says not who told him so it 's fit to see when and what Customs of Tunnage and Poundage were taken and for what end and how they were taken Sir Edward Coke in his fourth Institute of the High Court of Parliament fol. 32. out of Records makes thirteen Observations upon the Subsidy of Tunnage and Poundage 1. Of Poundage only at 6 s. in the Pound for two Years upon Condition c. And this was 47 Edw. 3. 2. 6 d. for Poundage 2 s. for Tunnage of Wine hac vice This was 6 Ric. 2. 3. 6 d. of every Pound of Merchandise 2 s. of every Tun of Wine upon Condition
the Commons ask any Grant of it to them or any other To conclude I command you all that are here to take notice of â—hat I have spoken at this time to be the true Intent and Meaning of â—hat I have granted you in your Petition especially you my Lords the Judges for to you only under me belongs the Interpretation of the Laws for none of the Houses of Parliament either joint or separate what new Doctrine soever may be raised have any Power either to â—ake or declare a Law without my Consent And you need not doubt but these shall be placito-men all who shall not scruple to make the King's Will to be the Subjects Law and those that will not shall be none of this King's Judges I do not find that the King before he prorogued them gave the Parliament any Thanks for the Bill of Subsidies tho greater than ever was given to any King as his Predecessors ever did or if he did it ill sorted with the Speech he made before But before we proceed to take a View of this King's Actions in the Interval of this Recess of Parliament let 's a little consider the present State of the King and Kingdom and herein who it was the King quarrelled with and upon what Account and for whose sake It was with the Representatives of the Kingdom who had so obsequiously and unanimously gratified him above what any other House of Commons ever did to any King of England before The Crimes for which the King inveighed so against them were for representing their Grievances and the dangerous and feeble State of himself and the Kingdom and to represent to him the Fundamental Laws of the Kingdom by taking the Customs as he did yet declaring their Readiness to relieve him therein and to reconcile him to his Subjects And for whom was it the King thus contended but for a Favourite who against the King's Father's Will and Advice of his Council without a Declaration or Reason shee l the next Day after the King's Father's Death as the Bishop of Litchfield observes excited him to make War against the King of Spain and after made the King to dissolve the Parliament to save himself from being impeached in it And so he did the second Parliament and then engaged the King in a War against France wherein he himself was the Aggressor and put the King upon those unheard-of ways to support these Wars that never were practised by any King of England before and in the ill Management of them brought greater Loss and Dishonour to the Nation than ever was before A Favourite who besides these brought the Crown to extream Poverty to support his intolerable Ambition and Avarice Here again I cannot but note the miserable State of Princes who treat their Subjects as Enemies and their Favourites as their only Friends and Confidents above other Men for other Mens Enemies are but few and the rest of Mankind their Friends but the Majesty Glory and Honour of a Prince is founded in the Love and Obedience of his Subjects and if this be lost whereto then can a Prince betake himself What became of Edw. 2. and Rich. 2. tho two of those four Hereditary Princes of ten after the Conquest when they had lost the Love and Obedience of their Subjects and this Prince and his Sons after him made haste to overtake their Fate Not one many hundreds of private Men but die a natural Death but Sine Caede Sanguine pauci Descendunt Reges But above all those of this Scotish Race of Kings descended from Elizabeth More which 't is a question whether any one of Nine of them in a continued Succession died a Natural Death The Duke of Buckingham upon his Retreat from the Isle of Rhee promised the Rochellers to send them speedy Relief and to make good his Word sent the Earl of Denbigh his Brother-in-law with a Fleet to relieve it now close besieged by the French King the Earl came before Rochel the first of May 1628 where he found the French Fleet of 20 Sail had blockt up Rochel by Sea upon the Approach of the Earl the French retired towards their Fortifications and anchored within two Cannon shot of the Fleet and so continued till the 8th of May the Earl promised the Rochellers to sink the French Fleet when the Waters encreased and the Wind came Westerly it being then neap Tides but two Days after the Waters did encrease and the Wind became Westerly then the Earl being intreated to fight the French Fleet did not but weighed Anchor and came away only four of the French Fleet at a distance pursuing the English Fleet. Thus was the Duke's Expedition to the Isle of Rhee seconded by this of his Brother-in-law for the Relief of Rochel I do not find the Parliament took notice of this but if they had it had been to no purpose for soon after the Earl's Return the King resolving not to hear of the Commons Remonstranceâ— against his taking the Customs not granted by Parliament to which he said he must have given a harsh Answer upon the 26th of June prorogues the Parliament to the 20th of October following and after by Proclamation to the 20th of January To redeem his Brother-in-law's Miscarriage the Duke in this Recess goes to Portsmouth to command the Fleet there to relieve Rochel but at Portsmouth he is stabb'd by Felton the 23d of August yet was the Design pursued under the Command of the Earl of Lindsey who several times attempted to force the Barricadoes of the River before Rochel but all in vain or if he had it had been to no purpose for the Victuals wherewith the Rochellers should have been relieved were all tainted and 't was well the French had no Fleet there for the English Tackle and other Materials were all defective This was the last Attempt this unhappy â—ing made either for the Relief of the poor Protestants in France or for the Recovery of the Palatinate for now Buckingham was dead who put him upon making War with Spain and France the King as secretly as before he had done suddenly made Peace with both Spain and France What 's now become of the twelve Subsidies and three Fifteenths granted to this King's Father and himself in less than eight years time by Parliament for Recovery of the Palatinate besides Loans Benevolences Coat and Conduct Money raised by his Father and himself without Consent of Parliament Let any Man shew in any Records of time that half so much in like time was raised by any of our Kings upon any Occasions except the Dissolution of Abbeys in Henry the VIII's time Search all Histories and find any one Prince so wilfully set to be govern'd by such loose vain wild and negligent Councils as either of these Princes Father or Son Now let 's see the Condition of these poor Rochellers trusting to this Prince and his Favourite they lived long upon Horse-flesh Hides Leather Dogs and Cats hardly
of Right the King as Norton the Printer said commanded the printing of the Petition with other Additions besides the King's Answer and that he had printed 1500 Copies with the King's Answer without the other Additions but these were suppressed by Warrant and the Attorney General commanded no more should be printed and those which were should not be divulged These were the Just and Religious Acts of this pious King and can any Man believe the Parliament at their Meeting should without Breach of a publick Trust sit still and not represent these things to the King The Parliament did meet according to their Prorogation the 23d of January 1628. and debated these Practices against Church and State which hapned since the 26th of June before but now see the Artifice of this little Prince rather than hear of any thing in this kind he commands the Speaker Sir John Finch the late Lord Chancellor Finch's own Uncle to put no Question upon Debates of Grievances So that the House could do nothing but sit still or adjourn and this continued till the 2d of March when the Commons met and urged the Speaker to put the Question concerning Grievances who answered I have a Command from the King to adjourn the House till the 10th of March and put no Question and endeavouring to go out of the House he was held by some Members till the House had made this Protestation 1. Whosoever shall bring in Innovation of Religion or by Favour or Countenance seem to extend or introduce Popery or Arminianism or other Opinions disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom or Common-Wealth 2. Whosoever shall counsel or advise the taking or levying the Subsidies of Tunnage and Poundage not granted by Parliament or shall be an Actor or Instrument therein be likewise reputed an Innovator in the Government and a Capital Enemy to the Kingdom and Common-wealth 3. If any Merchant or Person whatsoever shall voluntarily yield or pay the Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a betrayer of the Liberties of England and an Enemy to the same This Act consisted in two Parts the Speaker and the House the Speaker's of three Parts a Command by the King to put no Question to adjourn till the 10th of March and an endeavour to go out of the House In the former Session of this Parliament Secretary Cook the 10th of April from the King desired the House not to make any Recess those Easter Holy-days that the World may now take notice how earnest his Majesty and We were for the publick Affairs in Christendom which would receive Interruption by this Recess To which Sir Robert Phillips answered that the 12th and 18th Jac. the House resolved it was in their Power to adjourn or sit and that this may be put upon them by Princes of less Piety and that a Committee consider of the House's Right Sir Edward Coke said the King makes a Prorogation the House adjourns it self That a Commission of Adjournment the House never read but say the House adjourns it self yet here the Speaker verbally says I am commanded by the King to adjourn till the 10th of March. His second Command was to put no Question So here was a Speaker which might not speak what did he there then He sits there by the King in his Highest and Regal Capacity under the broad Seal to put the Question and now if you 'll take his Word he says he has a Command from the King to put no Question The third Act was his Endeavour to go out of the House which the House conceiving him to be their Servant would not suffer Here you may understand that the King had privately made Peace with France though not proclaimed at Paris till June following and soon after with Spain so that in his Speech this meeting he did not begin with The Times are for Action and the Eyes of all the World are upon us and therefore demands Supplies in the first place but that without loss of Time they would pass the Bill of Tunnage and Poundage but the House seeing the Dangers of the Church and State in not only pardoning but preferring Mountague and Manwaring and seizing Merchants Goods and imprisoning their Persons even in this Recess they resolve to secure their Religion and redress Grievances before they grant the Customs of Tunnage and Poundage in both they could not but take notice of the Orders of the Star-Chamber Privy-Council Judges and Customers And these were the Invasions upon the King's Perogative Royal which for the future he resolved never to suffer yet he shall live to hear more of them But in regard it may seem strange that Customs of Tunnage and Poundage ever since the Reign of Richard the 3d had been granted to the Kings and Queens of this Realm for securing the Soveraignty of the narrow Seas and of the English Merchants yet was not granted to this King The Reason was this the House of Commons in their Grievances in the two first Parliaments of this King and the former Sessions of this complained that the Duke of Buckingham being Lord High Admiral of England neglected to guard the Seas to the Dishonour of the King and endangering the Trade of England and feared if the Duke were not removed the End designed by the Parliament would be diverted to supply the intolerable Pride and Luxury of the Duke but the King rather than endure this dissolved the two former Parliaments and prorogued this when they were upon settling the Duties of Tunnage and Poundage That the Parliament had Reason for this it appears in their Charge against the Duke in the 2d Year of this King and that in ten Years time he had received of King James and this King 284395 l. besides the Forest of Leyfield the Profits of the third of Strangers Goods and the Profits of the Moiety of the Customs of Ireland besides the Tricks he used to get Money as he was Lord High Admiral of England and Ireland Master of the Horse Lord Warden Chancellor and Admiral of the Cinque Ports and the Members thereof Constable of Dover Castle Justice in Eyre of all his Majesty's Forests and Chases on this side of Trent Constable of Windsor Castle and Gentleman of the King's Bed-Chamber To these might have been added the Duke's Venality in selling all Places in Church and State at least preferring such Men in Church as should propagate Arminianism and such Judges as shall do what the King and he bid them Objection But the Duke was now dead in this Session of Parliament and so the Reason ceasing the Duties of Tunnage and Poundage ought to have been granted Answer The King would not suffer the Commons to come at it neither in the last Sessions nor this for the Religion of the Church of England and the Laws and Liberties of the Subject being so shaken in this Recess the Commons
resolve that Religion shall have the Precedency in their Debates and make this Vow WE the Commons in Parliament assembled do claim protest and avow for Truth the Sense of the Articles of Religion which were established by Parliament in the 13th Year of the Reign of Queen Elizabeth which by the Publick Acts of the Church of England and by the general and currant Exposition of the Writers of our Church have been delivered unto Vs And we Reject the Sense of the Jesuits and Arminians and all others wherein they differ from us But the true Reason why the King would not take the Duties of Tunnage and Poundage from the Commons was for fear the Commons should not grant the Duties imposed by his Father and taken by him which he was resolved to continue whether the Parliament would or not The House had a Petition from the Printers and Booksellers in London complaining that Laud Bishop of London who had been so but from the 15th of July last had restrained Books written against Popery and Arminianism and the contrary allowed of only by him and had sent Pursevants for many Printers and Booksellers who had printed Books against Popery and that Licensing Books was only restrained to the Bishop of London and his Chaplains This is the Patron and Saint-like Martyr of the Church of England And all this Ado in the House of Commons was upon Sir Elliot's Speech against Neal Bishop of Winchester a zealous Promoter of Arminianism and Weston Lord Treasurer a Papist in whose Person he said All Evil is contracted acting and building upon those Grounds laid by his great Master the Duke and that his Spirit is moving to these Interruptions and they for fear break Parliaments lest the Parliament should break them That he finds him the Head of all the great Party That Papists Jesuits and Priests derive from him their Shelter and Protection c. But the Speaker upon Motion of the House refused to put the Question being he said otherwise commanded by the King Whereupon the House adjourn'd till Wednesday the 25th and from thence to the 2d of March when the Speaker again refused to put the Question the Success whereof was said before What now was the Crime of the House It was their Endeavour to preserve the Religion of the Church of England and the Laws and Liberties of the Subjects of England and since the Speaker refusing to do his Office they could not represent their Duty to the King they made their Protestation in the Defence of the Church and State And Masters oft-times upon Disobedience of their Servants do that which at other times they would not have done The King having made Peace abroad was resolved now to prosecute a vigorous â—ar at home against those Noble Gentlemen who in a Parliamentary Way had asserted the established Religion and Laws of England The Duke of Buckingham who was stabb'd the 23d of August before you need not fear had furnished the King with Judges Privy-Counsellors and Star-Chamber-Men who should do the King's Work and now let 's see the Order and Method by which it was carried on Upon this very Day viz. the 2d of March a Proclamation was drawn for the Dissolution of the Parliament but not proclaimed the King afterwards doing it himself in Person upon the 10th But next Day Warrants were directed from the Privy-Council for Denzil Hollis Sir Miles Hobert Sir John Elliot Sir Peter Hayman John Selden William Coriton Walter Long William Stroud and Benjamin Valentine Esquires to appear before the Council next day Mr. Hollis Sir John Elliot Mr. Valentine and Mr. Coriton appeared and for refusing to answer out of Parliament for what was said or done in Parliament were committed close Prisoners to the Tower and Warrants were given for sealing up the Studies of Mr. Hollis Mr. Selden Sir John Elliot Mr. Long and Mr. Stroud who not then appearing a Proclamation was issued out for apprehending of them The 10th of March the King comes into the House of Lords and tells the Reasons of his Dissolution of the Parliament that it was the undutiful and seditious Carriage in the lower House but says not wherein calls them Vipers who must look for their Reward and Punishment but promises the Lords the Favour and Protection that a good King oweth to his loving and faithful Nobility and then the Lord Keeper dissolved the Parliament CHAP. II. This Reign detected to the Second Parliament in 1640. JUstice like Truth is one and consists in entire Parts and will not admit of more or less but Injustice like Falshood and Error is distracted into infinite Discord and Confusion King James upon the Dissolution of the Parliament of the 12th and 18th Years of his Reign without any Trial but only by the Prerogative of his own Will commits several Members of Parliament to Prison for presuming to represent the Grievances of the Nation to him for Redress without Bail or Main-prize But this King puts a face of Justice upon his fining and imprisoning the Members of Parliament for their Debates and Transactions in it which was so much worse than his Father's Actions by how much the affixing a sacred Character to a bad Act and Justice is sacred renders the Act so much worse as Perjury is a greater Crime than simple Falshood and to murder a Man under pretence of Justice a greater Crime than simple Murder The Members thus close imprisoned after the Dissolution of the Parliament viz. in Trinity-Term following Mr. Selden was brought by Habeas Corpus to the King's-Bench with the Cause of his Detainer and also the same day Sir Miles Hobert Mr. Benjamin Valentine and Mr. Hollis appeared by Habeas Corpus directed to their several Prisons with their Counsel to argue their several Cases But when the Court were prepared to give their Opinions the Prisoners were not brought according to the Rule of Court Then Proclamation was made to the Keepers of the several Prisons to bring their Prisoners but none appeared But the Marshal of the King's-Bench said that Mr. Stroud was removed out of his Custody the day before to the Tower by the King 's own Warrant and so it was done by the other Prisoners But in the Evening the Judges received a Letter from the King containing Reasons why he would not suffer the Prisoners to appear yet that Selden and Valentine should appear the next day and about three Hours after the Judges received other Letters that upon mature Deliberation neither Selden nor Valentine should appear And the same Term four Constables of Hertfordshire pray'd Corpus's to several Pursevants to whom they were committed by the Lords of the Privy-Council which were granted but then they are committed to other Pursevants and so they were upon every other Habeas Corpus so that the Constables could have no benefit of them The Members as well as the Constables being thus shifted from one Prison to others to prevent the Returns of their Corpus's by special Order from
write a Mercenary Treatise called Mare Liberum wherein he will not allow the King to have any Title to the Soveraignty of the British Seas or his Subjects any more Right to fish in them than the Dutch or any other Nation But how consistible this Treatise is to Truth Antiquity the sacred Scriptures or to Grotius himself or to the Practice of his Country-Men is now fit to be enquired into And since I have as well as I can asserted the Laws and Constitutions of my Country at home I will with that Sincerity that becomes an English-man endeavour to vindicate the Honour of it abroad especially in our King's Soveraignty of the British Seas which Grotius so absurdly in his Mare Liberum endeavours to rob them of An Answer to Grotius his Mare Liberum wherein is shewed how often he contradicts himself how ignorant he is in all Principles and Methods in Reasoning and how impossibly contrary his pretended Arguments are to Sacred History and all antient Authority But before we enter hereupon it 's fit to see how the Case stood before Grotius wrote his Mare Liberum as well in reference to the King of England's Claim as how the Case stood between the King and Dutch when Grotius wrote his Mare Liberum And that we may avoid the endless Confusions which Grotius above all other Writers abounds in I require these Premises First That God made all things in the Waters as well as upon the Earth for the Use of Man Secondly That no Man upon the Waters as well as on the Earth did live out of Society Thirdly That in Society the Offices of commanding and obeying are necessary Fourthly That Anarchy is as abhorrent among Men upon the Waters as upon the firm Land and as impossible for Men to subsist in the one as in the other Fifthly Piracy by Sea is a Crime equal to Theft by Land Sixthly Killing a Man by Sea without lawful Authority is a Crime equal to Murder by Land Note Grotius answers not one of these Principles nor shews by any Authority when or where the Dominion of the Seas was by Usurpation Whereas the contrary has been practised by Kings and States as old as there are Records of any times but only feigns Premises not only contrary to the Authority of sacred History and all Antiquity but such as are absurd blasphemous and impossible considering the Nature of Man But these are not said in his Mare Liberum but in his Preface and Treatise of War and Peace So that to have answered these in this Treatise would have swelled it to a much greater Bulk than intended but if God please I shall hereafter answer these in a Treatise by it self The Principles thus premised we proceed to enquire what Soveraignty the Kings of England have claimed in the British Seas bordering upon England and Ireland since that Kingdom became subject to the Crown of England and leave it to unbiassed Readers whether the Kings of England claimed any thing contrary to any of these Premises The Claims which the Kings of England make to the Soveraignty of the British Seas are threefold 1. To protect their Subjects in all their just Employments upon the British Seas from all Hostility by Enemies whereof the Fishing in these Seas are the chief 2. To prevent Hostility by other Nations in these Seas 3. To receive an Acknowledgment from all Nations for their Protection in these Seas by striking their Flag in Submission to the King's Men of War which protect them By this Dominion of the British Seas the Kings of England more secure their Subjects from foreign Invasion than any other Potentates in the World how great soever their Territories are can do I will not swell this Treatise with what Mr. Selden Sir John Burroughs Mr. Camden and others have written of the Kings of England being possest of these Rights by immemorial Prescription and of the Maritime Laws they have made as well in reference to their Subjects as Foreigners nor of the Treaties they have made with Foreign Princes and the Compositions they have made for Licence to fish in the British Seas before the Dutch Government was formed into States nor was ever these Rights disputed by any of them before Grotius did this Year Nor is this Dominion in the Seas new in the World but as old is any Records of Time for of old the Egyptians Phenicians and Athenians enjoyed it and set Bounds to other Nations how far they would permit Nations to trade in them Sir Walter Rawleigh in his History of the World at large sets forth the long Wars between the Romans and Carthaginians in the first Punick War for this Dominion and the Romans being often beaten by the Carthaginians resolved to desist further Contention herein till they found that it was to little purpose to strive to extend their Dominion by Land if the Carthaginians were Masters at Sea So that the Dominions of the Seas which beat upon the Shores of Princes are not new or only usurped by the Kings of England but used by other Princes and States of old From more antient to descend to more recent times the Veâ—etians claim the Soveraignty in the Adriatick Gulf tho the Venetian Territories on either side of it are not one sixth part of it and cause all Ships even of the King of Spain and Great Turk whose Territories on both sides the Gulf are fivefold more than the Veâ—etians to pay Customs and other Duties In the Year 1630 Mary the Sister of the Queen of Spain being espoused to the Son of the Emperor Ferdinand the Vice-Roy of Naples provided a great Fleet to transport her to Triesti but tho the Venetians were involved in a War abroad and infected with a Plague at home they would not permit it but conveyed her by a Fleet of their own See Jo. Palatius de Dom. Maris l. 2. c. 6. In the Year 1638 a Turkish Fleet entring the Gulf without Licence was assaulted by the Venetian Admiral who sunk divers of their Vessels and forced the rest to fly to Valona and there besieged them tho the City and Port were in the Dominion of the Great Turk yet tho a dangerous War was like to have ensued hereon the Venetians rather than lose their Dominion insisted on their Right and concluded an honourable Peace with the Turk wherein it was agreed That as often as any Turkish Vessels did without Licence enter the Gulf it should be lawful for the Venetians to seize upon them by force if they would not otherwise obey see the Justification of the second Dutch War by K. Charles II. pag. 58 and the Grand Signior prohibits all Nations except his Vassals to enter the Euxine or Black Sea as also the Red Sea Dr. Stubbe in his Justification of King Charles the Second's Dutch War pag. 126. says the Danes and Norwegians would not permit either Fleming or English to fish near Schetland without Licence previously obtained and if any presumed
told them that the King of his Grace and Favour upon their granting 12 Subsidies to be paid in three Years would forbear levying Ship-Money and abolish it and for their Grievances they should rely upon his Royal Promise and give as much time now as may be and after at Michaelmas next and that the King expected a positive Answer Hereupon the House was turned into a grand Committee and spent the whole Day upon the Message but came to no Resolution and desired Sir Henry Vane to acquaint the King that the House would next day proceed upon the King's Supply But next Morning early Secretary Windebank in actual Correspondence and Conspiracy with Richlieu's Chaplain for subverting our Religion and introducing Popery commanded the Speaker to Whitehall and the same Day the King dissolved the Parliament and the next Day the Lord Brook's Study Cabinet and Pockets were searched for Papers and Mr. Bellasis and Sir John Hotham were convened before the Council to answer concerning Passages in Parliament and giving no satisfactory Answer were committed Prisoners to the Fleet till further Order from the King and Council and Mr. Crew was committed close Prisoner to the Tower till further Order from the Council and no Cause shewed in either of these Warrants The greatest Objection against Hereditary Monarchy is that Princes Ears are always open to Minions Flatterers and Sycophants whereby they rarely understand the state of their own Affairs or of their Subjects To attemper this the Wisdom of our Constitution ordains That Parliaments be frequently held to represent to the King the state of the Nation and so to inform him of Grievances that they may be redressed And so inviolably has this mutual Correspondence between the King and Parliament been observed in all Ages that I do not believe any King or Queen of England and of the English Race since Henry 3. ever dissolved one Parliament in Displeasure before King James whereas of eight Parliaments these two Kings of the Scotish Race dissolved seven in Displeasure Yet never did Parliaments in any Reign demean themselves more chearfully to any King than to these two and I challenge any one to shew that in any one respect they intrenched upon any just Prerogative of either of these Kings or did any Act not warranted by former Precedents It 's true Queen Elizabeth would not endure to have the Parliament to meddle with the state of the Church as 't was established nor hear of declaring a Successor and when either of these were moved contrary to her express Order she would commit the Members but easily dismiss them otherwise I believe in no Age any Member of Parliament was ever committed or censured by any King of England before King James for debating or reasoning of the state of the Nation or Church In the 20th of Edward 3. John of Gaunt the King's Son the Lords Latimer and Nevil were accused in Parliament for misadvising the King and were sent to the Tower for it and Henry 4. Rot. Parl. 5. upon the Complaint of the Commons against four of his Servants and Counsellors that they might be removed declared openly That tho he knew nothing against them in particular yet he was assured that what the Lords and Commons required of him was for the Good of himself and Kingdom and therefore he banish'd them and at the same time declared he would do so by any other who should be near his Royal Person if they were so unhappy as to fall under the Hatred of his People Whereas this King tho the Duke of Buckingham were accused of more Crimes in Parliament than is recorded of Pierce Gaveston and the Spencers in 2d's time and of the Duke of Ireland Tresilian and Belknap in 2d's time and of the Death of this King's Father to boot yet rather than the Duke shall be brought to Trial the King dissolves the second Parliament of his Reign And in his Declaration for dissolving the three Parliaments calls the questioning his Ministers an Invasion upon his Prerogative and that through them they endeavoured to wound their Soveraign's Honour and Government Since the Statute De Tallagio non Concedendo in the Reign of Edward the I I think no mention has been made that ever any King of England taxed the Subject before this King and his Father except Edward the IV by Benevolence for which his Memory is bitterly stained in the Parliament-Roll of the second Chapter of Richard the III tho it be not in the printed Statutes and by a Loan demanded in the Reign of Henry the VIII by Cardinal Wolsey the raising of which had near raised a Rebellion which when it came to the King's Ear he laid the Blame upon the Cardinal and said he would not rend his Subjects from the Law and forbid further proceeding in it Arch-bishop Abbot excepts against his Licensing Sybthorp's Sermons for that the King 's taxing Loans by his own Authority was neither by the Laws nor Customs of England the King in his Answer says He did not stand upon the Laws and Customs of England for he had a Precedent for it and would insist upon it The Arch-bishop replied He thought it was a Mistake and feared there was no such Precedent and that Henry the VIII desired but the sixth part of Mens Estates but the King required the full six Parts so much as the Men are set at in the Subsidy-Book And when the Commons in the third Year of his Reign made a Remonstrance against the King's taking Tunnage and Poundage not granted by Parliament the King calls this a detracting from their Soveraign and commands all who have or shall have any Copies of it to burn them upon Pain of his Indignation and high Displeasure The King for Causes of dissolving this Parliament the last he shall ever dissolve begins with the usual Stile That he well knows that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to his Imperial Crown of which he is not bound to give any Account but to God alone no more than of his other Regal Actions But quid gloriaris Did ever any King of England say this before his Father and himself Or in what common-common-Law or Acts of Parliament is this to be found Or if he had such Power Why does the King so often boast of it Sure it had been better done by another than himself Is this a time of day when this Prince had lost all his Honour abroad to magnify himself that he has Power to dissolve Parliaments at home and thereby obstruct those Ways by which he might unite himself to his Subjects and then glory that he is only accountable to God for all his Actions Nebuchadnezzar's Boast Is not this the Babel which I have built was but a Bauble to this He said this but once and God sent him seven Years among Wild Beasts and he saw his Pride and he repented This King upon all Occasions makes his Boasts but I do not
Never was Nation shuffled into such unhappy Circumstances for to join the King was to return to his Prerogative Royal and Absolute Will and Pleasure and I have oft heard several of those who followed the King in the War say They as much dreaded the King's overcoming the Parliament-Party as they feared to be overcome by them And the Houses had broken the Fundamental Constitution of the Nation so as no Man could tell where they would stay Now are things brought to that pass Richlieu design'd them viz. England and Ireland in Civil Wars and Scotland Pensioners to France so as he might now securely carry on his Designs of advancing the Grandeur of France without any Fear of Disturbance from hence And now you may see the miserable Condition the King's Minions and Favourites had brought upon the King and all his Kingdoms Yet it is observable how great the Loyalty of the Nobility and Gentry was to the King that from so low Beginnings in all Appearance they would have subdued the Parliament-party if the Scots next Year had not come to their Assistance whereas in the Reigns of Edward the 2d and Richard the 2d though the Grievances of the Nation were more in one Year of this King's Reign than in both their Reigns yet both were expelled and lost their Lives their Subjects not drawing a Sword in their Defence An Apology BEfore we enter upon the War between the King and Parliament it will not be amiss to enquire into the Causes of it and who first began it and whether the King or Parliament or both designed it And I am the rather induced hereto because I am told that I have unjustly charged the Parliament with beginning the War and that the contrary appears by a Treatise written by Tho. May Esq of the Causes and Beginning of the Civil Wars in England So that the Question between us is not who first designed the War but who began it But because Designations and Intentions precede Action I will begin so far as appears to me Whether the King or Parliament first designed this War or whether it were not intended by both And give me leave to shew a little of Mr. May's Partiality in the Business I say Mr. May is partial where page 13 he says after the Pacification made with the Scots 1639 that when the King came to London his Heart was again estranged from the Scots and Thoughts of Peace he commanded by Proclamation that Paper which the Scots avowed to contain the true Conditions of the Pacification to be disavowed and burnt by the Hands of the common Hangman So that he makes the Scots Parties and Judges in their own Case without mentioning the Articles of the Pacification or what the Scots avowed to contain the true Conditions of it We will therefore set forth the Articles of the Pacification and let another Judg whether the Scots observed them or had any Thoughts of Peace The Articles were 1. The Forces of Scotland to be disbanded within 24 Hours after the Agreement 2. The King's Castles Ammunition c. to be delivered up 3. His Ships to depart after the Delivery of the Castles 4. All Persons Ships and Goods detained by the King to be restored 5. No Meetings Treaties or Consultations to be by the Scots but such as shall be warranted by Act of Parliament 6. All Fortifications to desist and be remitted to the King's Pleasure 7. To restore to every Man their Liberties Lands Houses Goods and Means The Articles were signed by the Scots Commissioners and a present Performance of them on their Parts promised and expected The King justly performed the Articles on his part but the Scots kept part of their Forces in being and all their Officers in pay and the Covenanters kept up their Fortification at Leith and their Meetings and Councils and inforce Subscriptions to the late Assembly at Glasgow contrary to the King's Declaration they brand those who had taken Arms for the King as Incendiaries and Traitors and null all the Acts of the College of Justice as you may read in Mr. Whitlock's Memoirs f. 29. So that tho the King performed all the Articles of Pacification on his Part the Scots performed not one on their Part. Nor did the Scots stay here but published a Paper very seditious against the Treaty which is that which Mr. May speaks of I do not find the Copy of it but even Mr. Whitlock no great Friend to the King's Cause calls it so Nor did the Scots stay here but levied Taxes at ten Marks per Cent. and made Provision for Arms as you may read in Sir Baker's History f. 408. and more at large in the second part of Rushworth's Collections and all this before the King commanded the Scots Paper to be burnt by the Hand of the Common Hangman And therefore the King justly commanded the Scots Paper to be burnt by the Hand of the common Hangman And Mr. May says The honest People of both Nations began to fear another War But why does Mr. May say the honest People began to fear another War Was it honest in the Scots to break all the Articles of the Pacification to keep their Forces in a Body and their Officers in Pay contrary to the Pacification to raise Taxes and make Provision of Arms and after all these honest Men to begin to fear another War Mr. May goes on and says The King in December told the Council he intended to call a Parliament in England in April following But rational Men did not like it that it was deferred so long and that the Preparations for a War in Scotland went on in the mean time The last part is gratis dictum by Mr. May nor does he mention any Preparation for a War in any one particular nor do I find this said by any other But admit the King had made Preparation for a War with Scotland yet by all Laws of God and Man the King might justly have done it after the Scots had broken all the Articles of Pacification kept an Army on foot against it levied Taxes by their own Authority and made Provision of Arms without the King's Authority which besides the Perfidiousness of the Scots is Treason in the highest degree And I would be glad to be informed by what other means the King could vindicate his Honour or relieve his oppressed Subjects otherwise than by a War Mr. May goes on and says They these rational Men were likewise troubled that the Earl of Strafford Deputy of Ireland a Man of deep Policy but suspected Honesty one whom the King then used as a bosom Counsellor was first to go into Ireland and call a Parliament in that Kingdom And what then Why might not the King call a Parliament in Ireland as well as in England or Scotland And if these rational Men did not like it as he says that a Parliament should be deferred so long in England why should these rational Men be so troubled that the King
should call a Parliament in Ireland Nor does Mr. May give any Reason why they should be so troubled Besides Mr. May says The King at that time had broken up the Parliament in Scotland which the Scots complained of the Business of State depending as a great Breach of their Liberties and against the Laws of that Kingdom So here again Mr. May makes the Scots Parties and Judges in their own Cause and is not ingenuous in thus charging the King at random and not shewing what Business of State was then depending It 's fit therefore to shew what Business of State was then depending before Mr. May's rational Men should be so troubled at the King 's breaking up the Parliament The Scots having as before said violated all the Articles of Pacification on their part and persecuted the Loyal Scots expresly contrary to the Pacification as Incendiaries and Traitors levied Taxes provided Ammunition of War and kept an Army on foot The Parliament over and above these formed these Demands to be made to the King 1. That Coin be not medled with but by Advice in Parliament 2. That no Stranger be to command or inhabit in any Castles of the King 's but by their Advice 3. That no Honour be granted to any Stranger but such as have a competency of Land-Rent in Scotland 4. No Commissioner or Lieutenancy but for a limited time And next they protest against the Precedency of the Lord Treasurer and Lord Privy Seal as not warranted by any positive Law See Baker 408. These were the Businesses of State which Mr. May speaks of which added to what the Scots usurped before I would know what Regality would be left for the King and a Reason why Mr. May's rational Men should be so troubled for the King 's dissolving the Parliament Mr. May drives on and says Upon which they sent some Lords into England to intreat the King for a Redress of such Injuries as they had received since the Pacification which were that the Parliament was broken up before any Business done If they made it their Business to divest the King as they did of his Rightful Regalities the King had reason therefore to break them up That Edinburgh Castle was garison'd with far more Soldiers than was needful So here the Scots are Parties and Judges in their own Cause and you need not doubt but that so many Soldiers as shall be able to defend the Castle shall be judged by the Scots to be more than is needful That Dunbritton Castle was garison'd by English Soldiers And why might not the King do it for the English as well as Scots were his Subjects But I dare say if these had been the honest rational English-men May speaks of neither he nor the Scots would ever have complain'd of it That the Scots which traded to England and Ireland sure they mean Pedlars prohibited by Law were enforced to take new Oaths contrary to their Covenant and altogether contrary to the Articles of Pacification Whereas their Covenant is a new Oath contrary to their Allegiance And if there were any such new Oaths why do neither the Scots nor Mr. May name them or if any such were imposed that was so far from being altogether contrary to the Articles of Pacification that I say they were not contrary to any one Article of the Pacification unless the Scots or Mr. May could make new Articles of Pacification and other than those before mentioned The King Mr. May says imprisoned those Lords sending one of them the Earl of Lowden to the Tower and commanded a Charge of High Treason to be drawn against him concerning a Letter which the Scotish Covenanters had written to the King of France French King had been as well for his Assistance and Lowden had subscribed it But the Accusation was frivolous easily answered and came to nothing because these Letters were not sent at all and besides it was before the Pacification upon which an Oblivion of all things were agreed So here are two impertinent and frivolous Answers to excuse a most treasonable and rebellious Conspiracy to bring in a foreign Power into Scotland for it was subscribed by Rothes Montross Lesley Marre Montgomery Lowden and Forrester under the Title of Au Roy or our King to Lewis 13. The first is That those Letters were not sent at all because they were intercepted by the Earl of Traquair the King's Commissioner in Scotland If Mr. May had not been a Christian yet the very Heathen by the Light of Humane Nature could have informed him that Scelus intra se tacitum qui cogitat ullum Facti Crimen habet And if Conspiracies of Rebellion and Treason against Princes shall be esteemed frivolous unless they evade into Actions Princes and States too would be in a very unsecure state and all Counsel and Endeavours to prevent them would be vain and frivolous and I say here was a double Overt-Act in this Conspiracy one the Conspirators Meeting the other the Subscribing the Paper The other Answer That the Pacification was after the Subscription and so there was an Oblivion upon it But the Pacification was reciprocal between the King and Scots and if the Scots first broke the Pacification as they did let them take all that followed and therefore the King had no Reason to perform his Part nor the Scots to complain if the King had hanged and quartered Lowden The War Mr. May says p. 16. went on the Earl of Strafford commanding in Chief the Earl of Northumberland not being in Health who was appointed General But if Mr. May had been ingenuous and impartial he should have told on which Side the War began which he does not but only says the Scots had not been backward for having been debarred of their Trade and lost their Ships by Seizure they entred England with an Army expressing their Intentions in writing to the English and bringing with them a Petition to the King Admit all this to be true the Scots should first have represented this to the King and what was their Loss by being debarred of their Trade and the Value of their Ships so seized and upon Denial to have granted Letters of Reprizal till they had recovered Satisfaction but of this Mr. May says not one Word nor do I find or believe the Scots ever did demand Satisfaction before they entred England in open Hostility and in Defiance of the King and English Nation and for the Manner of bringing their Petition to the King it was without Precedent or such as never was done by any other People for they entred England and maintained their Army by Plunder and Rapine upon the English and when Lesley came to Newborn upon Tine he craves leave of my Lord Conway ordered by the King to guard the Pass there to pass with his Petition to the King which my Lord Conway granted with a considerable Number but not with his Army Hereupon Lesley who had the Night before planted nine Pieces of Cannon on
and before his Answer made to it which came forth shortly after to all the Heads of it Now let any shew a Precedent when one State in Parliament appealed to the People and arraigned the King and the other two States unheard and against the King's express Desire and he shall be my great Apollo And if the End be first consider'd in every Action what could be the End of publishing this Remonstrance Or how could it tend to the settling the Distractions of the Kingdom I make this difference between Reproof and Reproach Reproof is privately to admonish another of such Speeches and Actions as tend to the hurt of his Reputation and Fortune so as this other may avoid them for the future Reproach is to divulge the Speeches and Actions of another to the lessening of the Fame and Credit of that other Reproof is the Act of a Friend Reproach of an Enemy And was this a time of day for the Commons thus to reproach the King for his past Actions after he had redressed all their Grievances and given up his Evil Counsellors to their Justice Or was it ever known before that when the King had redressed Grievances they should be after rip'd up to reproach him The first Effects of this Remonstrance Mr. Whitlock mentions is That during this time and taking the opportunity from these Differences between the King and Parliament divers of the City of the meaner sort came in great Numbers and Tumults to Whitehall where with many unseemly and insolent Words and Actions they incensed the King and went from thence in like Posture to Westminster behaving themselves with extream Rudeness towards some of the Members of both Houses and tho the King sent to the Lord Mayor to call a Common Council to prevent these riotous Assemblies yet I do not find the Commons took any Care herein and how these Actions of the Commons tended to settle the Distractions of the Nation or the Relief of Ireland let any impartial Man judg But of all this Mr. May takes no notice yet does of the Parliament's petitioning the King for a Guard for the Security of their Persons being informed of a Plot contrived against them such another as that of Scotland and the Earl of Essex to command it which tho the King denied he promised to take care for their Safety Since Mr. May had no better luck with his Scotish Plot he 'll be sure of one now by the King 's entring into the House of Commons attended by 300 Gentlemen and seated in the Speaker's Chair and demanded five Members viz. Mr. Hollis Sir Arthur Haslerig Mr. Pym Mr. Hambden and Mr. Stroud to a fair Trial and would be as careful of their Privileges as ever any King of England was But in regard Mr. May is so short and partial in this we 'll state the Case as reported by Mr. Whitlock f. 50. a. The King being informed that some Members of Parliament had private Meeting and Correspondence with the Scots and countenanced the late Tumults from the City he gave a Warrant to repair to their Lodgings and to seal up the Trunks Studies and Chambers of the Lord Kimbolton Mr. Pym Mr. Hambden Mr. Hollis Sir Arthur Haslerig and Mr. Stroud which was done but their Persons were not met with The King caused then Articles of High Treason and other Misdemeanours against those five Members to be exhibited 1. For endeavouring to subvert the Fundamental Laws and Government and deprive the King of his Legal Power and to place on Subjects an Arbitrary and Tyrannical Power by foul Aspersions on his Majesty and Government to alienate the Affections of his People and 〈◊〉 make him odious 2. To draw his Army to Disobedience and to side with them i◠their Traiterous Designs 3. That they traiterously invited and encouraged a Foreign Power t◠invade England 4. That they traiterously endeavoured to subvert the very Right and Being of Parliament 5. For endeavouring to compel the Parliament to join with them 〈◊〉 their Traiterous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament This great Breach of Parliament-Privilege Mr. May says happened in a strange time to divert the Kingdom from relieving Ireland And did not the Commons Remonstrance against the King and House of Lords do so too And when Men especially Princes are reproached and defamed regular Actions are not always consequent The Censures of the King's Act was variously scanned by Men of different Affections The Royalists said Privilege of Parliament extends not to Treason Felony or so much as Breach of the Peace And the Commons frame and publish a Declaration That there was never such an unparallell'd Action of any King to the Breach of all Freedom not only in the Accusation of their Members ransacking and searching their Studies and Papers and seeking to apprehend their Persons but now in a Hostile Way He the King threatned the whole Body of the House This was Jan. 5. 1641. And after the Commons published another Vote That if any arrest a Member of Parliament by Warrant from the King only it is a Breach of Privilege and that the coming of Papists and Souldiers to the number of 500 armed Men Mr. May says but 300 and Mr. Whitlock says with his Guard of Pensioners and follow'd by about 200 of his Courtiers with the King to the House was a traiterous Design against the King and Parliament They vindicate the five Members and declare That a Paper issued out for apprehending them was false scandalous and illegal How could they tell before they heard both Parties and they ought to attend the Service of the House and require the Names of those who advised the King to issue out that Paper and the Articles against the five Members Which if the King had done they would have been exposed to more Violences of the Rabble than those which befel the Bishops and other Members of Parliament by a great Number of Persons which came from the City to Westminster where they offered many Affronts to the Bishops and others in a tumultuous manner See Whit. Mem. f. 51. a. But of this no notice was taken by the Commons or Lords that I can find so that as the Temper of the Times then went it was a notorious Breach of Privilege in the King to demand five Members to answer Articles of High-Treason but none in the Rabble in a tumultuous manner to affront and use Violence to the Bishops and others who were coming to do their Duties and Service in Parliament These Actions Mr. May p. 41. calls petitioning by the Rabble and many times to utter rude Speeches against some Lords whom they conceived to be evil Advisers of the King which however it was meant produced ill Consequences to the Commonwealth and did not so much move the King to be sensible of his grieving the People as arm him with an Excuse of leaving the Parliament and City for fear of what might
ensue upon such tumultuous Concourse of Men. And why was not this a reasonable Excuse for the King to leave the Parliament and City when they countenanced these Tumults and the King had not Power to suppress them Mr. May goes on and says Vpon this ground twelve Bishops at that time absenting themselves entred a Protestation against all Laws Votes and Orders as Null which in their Absence should pass by reason they durst not for fear of their Lives come to perform their Duties in the House having been rudely menaced and assaulted And why might not the Bishops enter such Protestation for if it be a Maxim in all Assemblies that Plus valet contemptus unius quam consensus omnium then does the Contempt and Affront of a whole Order of Men who have a Right of Suffrage much more render the Actions of the rest invalid However Mr. May goes on and says Whereupon it was agreed by both Lords and Commons that this Protestation of the Bishops was of dangerous Consequence and deeply entrenched upon the Privilege and Being of Parliaments they were therefore accused of High-Treason apprehended and committed Prisoners to the Tower And I say a time shall come when in Parliament these Men who run thus high against the Bishops and established Church of England shall be prosecuted by a contrary Extream and the Church by Law exalted higher than it was before Mr. May goes on and says Thus was the Parliament daily troubled with ill Work whereby the Relief of Ireland was hindred If they were thus troubled they may thank themselves for beginning these Troubles as well by the Commons Remonstrance against the King and Lords as by their countenancing the Tumults By this time things were so envenom'd as would admit of no Lenitives especially by the Commons and the King went from London to Hampton-Court and sent a Message to the Parliament and advises them To digest into one Body all the Grievances of the Kingdom and send them to him promising his favourable Assent to those Means which should be found most effectual for Redress wherein he would not only equal but excel the most indulgent Princes The Parliament thank'd him but nothing but having the Militia at their Disposal would secure their Fears and Jealousies This was as new in England as the perpetuating the sitting of the Parliament and if the King should grant it it would be a total Subversion of the Monarchy For the Parliament being perpetual and having the Power of the Militia the Government must be either a Commonwealth or an Oligarchy and the King insignificant in it yet have it the Parliament would notwithstanding other Grievances and the deplorable State of Ireland And therefore upon the 26th of February they tell the King plainly That the settling the Business of the Militia will admit no more Delay and if his Majesty shall still refuse to agree with his two Houses of Parliament in that Business and shall not be pleased upon their humble Advice to do what they desire therein that then for the Safety of his Majesty of Themselves and the whole Kingdom and to preserve the Peace thereof and to prevent future Fears and Jealousies they shall be constrained of themselves without his Majesty to settle that necessary Business of the Militia See Whit. M. f. 54. a. Here 't is observable That as the King feigned a Necessity to raise Ship-money for the Good and Safety of the Kingdom in general when the whole Kingdom is in danger the Judges gave their Opinion That the King may by his Writ under the Broad Seal of England command all his Subjects of this Kingdom to provide and furnish such Number of Ships with Men Victuals and Ammunition and for such time as the King shall think fit for the Defence and Safeguard of the Kingdom from such Peril and Danger and that by Law the King may compel the doing thereof in Case of Refusal and Refractoriness and that in such Case the King is sole Judg both of the Danger and when and how the same may be prevented and avoided So now the Parliament pretending a Necessity for the Safety of the King and of Themselves and the whole Kingdom and to preserve the Peace thereof will tear the Militia from him In this State things could not stand long at a Stay Mr. May p. 47. will have the Queen 's going into Holland with her Daughter and carrying with her the Crown-Jewels of England and pawning them there whereby she bought Arms for the War which ensued that it was then designed by the King against the Parliament but if Mr. May had been sincere he should have told too as Mr. Whitlock does f. 59. a. how the Parliament took 100000 l. of the 400000 l. they voted to be raised for Ireland and whether this was not for the War which ensued in England Mr. May p. 48. recites three Votes of Parliament 1. That the King's Absence so far remote being then at York from his Parliament is not only an Obstruction but may be a Destruction to the Affairs in Ireland 2. That when the Lords and Commons in Parliament shall declare what the Law of the Land is to have this not only questioned and controverted but contradicted and a Command that it should not be obeyed is a high Breach of the Privilege of Parliament 3. That they who advised the King to absent himself from the Parliament are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourites of the Rebellion in Ireland But Mr. May should have added that it is not the King's Presence in London or any other Place but his assenting to Bills presented to him which he may do by Commission as well as Personally that enacts them into Laws and that the King after he went from London passed the Bill for taking away the Bishops Votes in Parliament and that no Clergy-Man should exercise any Temporal Jurisdiction which the King did with remorse enough and only to humour and appease the Temporal Lords and Commons in Parliament and the Bishops in Parliament are one of the 3 States of England The King moreover in his Absence upon a Motion by the Parliament put Sir John Byron from being Lieutenant of the Tower and Sir John Conniers to succeed him and refers the Consideration of the Government and Liturgy of the Church wholly to the two Houses see Whitlock's M. f. 53. b. But nothing less than the King 's parting with the Militia would satisfy the Parliament which the King would not part from so now it 's left fair for indifferent Men to judg whether the King or Parliament or both designed the ensuing War And to proceed to set forth who began it I have said in the first Page of this King's Reign or p. 153 That the first Fifteen Years of it were perfectly French and such as were never before seen or heard of in the English Nation this brought on a miserable War in all the Three
being 12 a Clock at Night it could not then be reduced to Writing but he promised it should next Morning when the King gave them a Paper quite contrary whereupon the Treaty broke off See Whitlock's Memoirs f. 65. a. b. For in the next Treaty at Vxbridg which was in December 1644 the Parliament not only insisted that the King's Nephews Rupert and Maurice though Princes Foreign born and so no Subjects to the King of England but many of the principal Lords and Gentry who assisted the King in this War and who by the 11 Hen. 7. 18. were protected for assisting the King should be excepted out of Pardon by an Act of Indempnity which if they had had no Law to have protected them yet the King could not in Conscience have offered them up a Sacrifice for assisting him But another Difficulty arose in this Treaty which the Parliament would have imposed upon the King contrary to the Laws and Constitutions of the Nation viz. To extirpate Episcopacy and to impose the Scots Covenant and Directory upon the Nation though the Bishops were excluded their Sitting in the House of Lords by an Act in 1641 and none in Orders to exercise any Civil Office So that the Houses not content with what had been already granted but grasping at more they lost all for in the first Parliament Car. 2. they were restored to their Seats in Parliament again Objection But if Episcopacy were Jure Divino as the King was informed by his English Bishops and therefore the King could not in Conscience submit to the abolishing of it then it is Jure Divino in Scotland as well as England and if the King of his own Accord could go out of England to abolish it in Scotland Why should the King against the Advice of both Nations not do the same in England Answer He that shall answer for all the Actions of this Prince shall have a great Task Nor can I give any other Answer to it than that because a Man has done an ill Act it shall be a Precedent to him to do it again But if the King should have consented to abolish Episcopacy in England and set up Presbytery I do not see any Benefit the King could have reaped by it according to the Covenanters Practice and Principles For if the Scots after the King had abolished Episcopacy in Scotland and set up Presbytery there and that the Scots had thereupon promised all Obedience to the King in time to come and declared by Act of Parliament That it was detestable and damnable Treason in the highest Degree for any of the Scots Nation either conjunctly or singly to levy Arms or any Military Forces upon any Pretence whatsoever without the King's Command could raise Arms unprovoked by the King and against his express Command and invade England why should the English Covenanters after the King should have abolished Episcopacy in England be more obliged to perform any Agreement they made with the King in England then the Scots Covenanters were in Scotland When the King desired the Scots Parliament upon the breaking out of the Irish Massacre and Rebellion to assist him against the Irish they refused because Ireland was not subject to Scotland and tho England be not subject to Scotland yet the Scots against the King's Command can assist by Arms the Parliament against him So that if the Covenant could entitle the Scots to be so false perfidious and treacherous to the King after he had abolished Episcopacy in Scotland Why should not this be a Precedent for the English Covenanters to be so in England after the King should abolish Episcopacy in it and establish Presbytery The Overtures for a Treaty at Oxford in November 1644 preceded that at Vxbridg whence upon the King's Desire it was adjourned and Passes reciprocally of safe Conduct were granted to Commissioners on both sides to meet the 29th of January wherein the Commissioners from Scotland were included The Scots Commissioners being included in this Treaty you need not doubt but their principal Care shall be to establish their Solemn League and Covenant and the Presbyterian Government as firm in England as in Scotland and to this end the three first days were set apart for Religion three other Days for the Militia and three other days for the Settlement of Ireland How humble soever the Scots were if you 'll take their Word yet the first Debate arose between the English and Scots Commissioners concerning Precedence which you may read in Whitlock's Memoirs f. 122. a. b. But when the Business concerning Religion came to be debated nothing less than that Presbytery was Jure Divino would down with the Scots nor was Episcopacy less Jure Divino by the English Commissioners for Religion But both these Assertions are false and blasphemous for Jus Divinum is so inseparably inherent in God as cannot be communicated to any Creature and though God by Divine Law or Institution did impower Bishops and Priests with Episcopal and Priestly Power to perform their Offices designed by God for the planting and continuing the Gospel yet the Jus Divinum from whence these Institutions were derived remains the same in God as before As God by the Law of Nature gives Parents a Dominion over their Children and Husbands over their Wives yet the Divine Right which gives these Powers is the same as before and Parents and Husbands have no Divine Right hereby but a Temporal Right by Nature or the Law of Nature so Bishops and Priests have no Divine Right to exercise their Ghostly Powers but a Spiritual Right given them by God's Law or Institution supernaturally or extraordinarily given If Bishops and Priests had a Divine Right they might create Divine Laws which in Terminis I believe none of them will affirm However you may see how the Theologues as they call themselves impose by this Cant upon the World and what endless Discords Factions and Wars have been raised hereby no Man conversant in History can be ignorant of The Principal whereof was Dr. Steward and Mr. Henderson and Marshall for Presbytery but the Zeal on both Parts being so obstinate as well as contradictory would have taken up more than all their Time in these Broils if a Stop had not been put to them upon the Motion of the Marquess of Hartford on the King's Part and the Earl of Pembrook Mr. Hollis and other Commissioners on the Parliament's that they might proceed upon the other Points of the Militia and Ireland In both these there was as little Agreement as in that of Religion not any one Point being agreed to by the King's Commissioners so the Treaty ended and nothing concluded The other Treaties at New-Castle Hampton-Court and the Isle of Wight we have taken notice of before So that the King was as unsuccessful in his Treaties as in his Arms. The Catastrophe of this Tragedy resolves into the King himself for this Juncto after called the Rump-Parliament having thus purged the House
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
and sure never was there such a Generation who so impudently out-braved Truth and all that may be call'd Sacred If you could force a Belief into them they first told you they fought for King and Parliament then they declared for the King and People against the Parliament and now they have taken off the King if you will have any Benefit of their Protection you must engage to their Government without King or House of Lords and be content with a piece of the Commons call'd the Rump Not content with the Death of the King the Rump proceeds to abolish Monarchy and place the original Power of Government in the People whose Representatives they are if you 'll take their Word and voted it High Treason to restore Monarchy or to assist or pray for Charles Stuart or any of that Line overthrow the King's Statue with an Exit tyrannus Regum ultimus Nor are they satiated with the Blood of the King but erect another High Court of Injustice whereof one Lisle an ignorant Fellow was President who condemns the Marquess Hamilton Earl of Holland and Lord Capel for raising Arms against the Parliament which themselves had destroy'd But tho the Rump and Army were establish'd upon these strange Principles yet being the Instruments of Divine Vengeance like a Torrent broke loose from raging Seas in less than five Years time they overwhelm not only England but Ireland and Scotland almost pull'd the Dutch States up by the Roots and made France and Spain tremble But that we may observe what follow'd let 's see what went before The Scots were the first who invaded England against the King to impose their Solemn League and Covenant which was more against the English Laws and Constitutions than Laud's Service-Books Canons and High-Commission were against the Scotish In July last the Scots invaded England commanded by the Marquess Hamilton in August Cromwel routs and utterly overthrows this Army and takes Hamilton Prisoner So the Scots who began these Wars first are the first chastised by this English Army But this is but the Earnest of what shall follow The secluded Members who first join'd the Scots beginning first with an equivocal Protestation but after downright joined with the Scots in their Covenant are now not only turned out of the House by the Rump but kept in nasty Prisons till they became as little dangerous as The House of Lords The horrid Irish Massacre and Rebellion succeeded in the third place And now the Rump having established themselves by subduing of the Scots under Hamilton and deposing the secluded Members are laying Rods in Piss to scourge these abominable Irish But before we proceed let 's see how things stood in Ireland In October 1641. the Irish Massacre was which succeeded in a Rebellion in which Richlieu's Scarlet was as deep dyed as in the Scotish and English Commotions The Head of this accursed Crew was John Baptista Pennuncio the Pope's Nuncio who in his Passage through France threatned he would suffer no Man to live in Ireland that wished well to the King or to the English Affairs Thus you see how all the Factions conspired against the King the Laws and Constitutions of England But for these last seven Years viz. so long as the Distractions were continued in England the War was pursued but by halves in Ireland King Charles in his Life-time had made the Marquess of Ormond Lieutenant of Ireland who in 1643 made a Truce with the Irish that the King might make use of the English in England But the Irish kept their Faith no better in it than the Scots had before with the King in the Peace in 1639. For on a sudden they rise against the Marquess now the English are sent into England and had surprized him if he had not been informed before and escaped into Dublin and being in no Condition to defend it but obliged to deliver it up either to the English sent by the Parliament or to the Irish he gave it up to the English who make Colonel Jones Governour and so Ormond leaves Ireland After the Marquess was withdrawn the Nuncio behaved himself like a Church-Man with such a Despotical Tyranny that he became intolerable even to the Irish themselves who being press'd by Jones Coot and Monk combine in a Body and send to the Queen and to the Prince of Wales for then the King was close Prisoner in the Isle of Wight to return the Marquess of Ormond and they would submit to his Authority and join to expel the Scots and Parliament's Forces The Nuncio taking this for an Affront to his Authority being that of the Apostolick See which is infallible threatens Excommunication to them who should not obey him but neither he nor his Excommunication were obey'd but was forced to Capitulate with the Irish themselves to procure his Departure which was as shameful as his Entrance was proud and insolent Upon the Marquess's Return he enter'd into most dishonourable Articles with the Irish which yet would not please Owen Ro Oneal who join'd with the Parliament's Forces and reliev'd Londonderry then besieg'd by the Lord Ardes After this Pacification with the Irish such as it was Ormond raises a numerous Army and by my Lord Inchiqueen routs a Party of Jones's going to Drogheda who takes the Town and Dundalk Green-Castle Newry and Trim and returns Victorious to the Marquess Hereupon the Marquess besieges Dublin but unfortunately sends my Lord Inchiqueen into Munster with if not the greatest the best part of the Army Jones falls upon the Remainder and utterly routs them This was in August 1649. And the same Month Cromwel lands at Dublin with an Army of 15000 old Soldiers Upon this Disaster the Irish no more to be reconciled to the English than the Scots Covenanters to Episcopacy quarrel with the Marquess which was never after composed So the Marquess left Ireland again leaving the Earl of Clanrickard Deputy Cromwel after his landing first storms Drogheda or Tredah with a most terrible Execution and after in less than one Year all Ireland upon the matter is reduced to the Obedience of the Rump who take dreadful Vengeance upon all the Irish who could be found to have had any hand in the Massacre of the English The King Charles II. having lost England and Ireland with all their Dependencies except the Isles of Guernsey Jersey Man and Scilly and the Plantations in America which shall soon follow set up for Scotland and makes the Marquess of Montross his Commissioner who having got together about 400 Swedes Danes Poles and Germans lands them at the Wick of Cathness in April 1650 and takes Dumbeath But Lesley having sent Major-General Straughan with 300 choice Horse he set upon this ill composed Body of Montross and utterly routs them Montross fled but was betrayed by the Laird of Aston who had formerly served him The Covenanters to shew their Clemency and Humility bind the Marquess in a Chair planted backwards on a Cart that all
the Lords during their Absence and soon after the King passed a Bill for taking away the Bishops Votes in Parliament so little Success had the Clergy in their Convocation-Oath As the Clergy without Consent in Parliament imposed the Convocation-Oath upon the rest of the Clergy So the Parliament I mean the Lords and Commons without the Consent of the King imposed upon the Subjects a Vow and Protestation to maintain and defend so far as lawfully may be the true Reformed Protestant Religion expressed in the Doctrine of the Church of England and according to the Duty of the Allegiance to his Majesty's Royal Person Honour and Estate to defend the Privileges of Parliament and Liberties of the Subject and by all just and honourable Ways endeavour to preserve the Union and Peace of the Three Kingdoms and neither for fear nor other respect relinquish the Promise Vow and Protestation See Baker's History fol. 508. b. But the Lords and Commons were not constant to their Vow for within less than two Years after they impose their Solemn League and Covenant being basely imposed upon them by the Scots upon the rest of their Fellow-Subjects with all the Scotish Cant and c. too and this is observable that the Presbyterians who so bitterly inveighed against the c. in the Convocation-Oath without any scruple swallowed the c. in their Solemn League and Covenant It 's scarce credible by what Severity this Covenant was after the Scots Temper imposed upon all other sorts of Men as well Dissenters from the Church of England as those of the Church This Temper was too hot to last long for about three Years after the Independents outed the Presbyterians and set up the Engagement to be true to the Rump without King or House of Lords nor did this Engagement last five Years but was outed when Cromwel set up himself and imposed the Recognition for establishing himself Now let any shew how in any Nation since the Creation in less than 13 Years time Men so often swear and forswear Governments which were so often changed and he shall be my great Apoâ—â—â— The Secluded Members and the Rump if you 'll take their Words were the Representatives of the People but without a Head and could not be dissolved by the King without their Consent yet O. Cromwel and his Myrmidons without their Consent dissolved them both And as these were Bodies without a Head so Cromwel and his Army like that of the Egyptian Mamalukes were a Monstrous Head without any Body of the Nation yet with this Difference the Mamalukes chose their Sultan but Cromwel exalted himself without the Army's Choice The first Manifesto that Cromwel made known to the Nation was this I Oliver Cromwel Captain General and Commander in Chief of all the Armies and Forces raised and to be raised within this Commonwealth c. So here Cromwel by his own Authority makes the Army perpetual having deposed the Parliament which were made perpetual by Act of Parliament I have often admired upon what Bottom Cromwel stood when he presumed to do these things for the Sectaries and Monarchy-Men who were the Creatures whom he at first most relied upon when they perceived his Ambition then became his utter Enemies the Presbyterians and Independents hated him for the Violences he put upon them and the Royalists both dreaded and hated him All Kings of England in their Coronation-Oath before sware to govern by the received Laws and Constitutions of the Nation but Cromwel having subverted these neither says nor swears by what Laws or Rules he 'll govern and tho both in the Saxon and Nâ—rman Dynasties the Hereditary Succession of the Kings was often changed yet none succeeded which was not of the Royal Blood which cannot be said of the Caroline and Capusian Lines of France nor in the Succession of the Race of the Kings of Spain yet Cromwel without Law or being of the Royal Blood made himself more absolute than any of our Kings before him Now Terras I am sure Britannias Astraea reliquit Justice Truth and Plain-dealing is fled the Land and Dissimulation Hypocrisy Intriguing and Designs rove all England over and Cromwel to support his ill-establish'd Greatness sets all his Agents and Sycophants on work to congratulate and approve his Actions and to stand by and assist him One of the first of these was from the Officers of the English Army in Scotland no doubt but excited by Monk in the State he stood then with Cromwel So that as from Scotland our Civil Wars first began and from thence their solemn League and Covenant was so rigidly imposed in England so from thence now come Congratulatory Addresses to Cromwel for overturning all they had done and a time shall come when a Storm shall come from Scotland which shall disperse and unravel all that the Covenanters Rump and Cromwel had done thus you 'll see how lame-footed Vengeance shall overtake them all Having seen how Cromwel established himself we 'll proceed to see the Success The Dutch above all things dreading the Rump animated Cromwel to dissolve them promising greater things to him than they had done to the Rump in case he would do it which being done the Dutch not unreasonably hoped by the Disorders which would arise in England by it they should be better able to deal with Cromwel than the Rump and notwithstanding their calling God to witness of their sincere Love and Affection to the English Nation and desire of propagating the true Reformed Protestant Religion with all imaginable Diligence set out a greater Fleet to Sea than they had done before and Trump gave out he would fire the English Ships in their Harbours and the Downs before the English Fleet should get out But the Rump who well understood what Faith or Credit was to be given to the Dutch Protestations were not behind-hand with the Dutch in their Naval Preparations which Cromwel found ready to fight with the Dutch and sooner than the Dutch look'd for the English Fleet commanded by Monk and Dean Penn Vice-Admiral and Lawson Rear-Admiral upon the second of June engaged the Dutch and at the beginning Dean was kill'd by a Cannon-Ball but the Dutch sore pressed upon by the English bore away and made a running Fight having a Ship of 42 Guns sunk by Lawson and 140 Men in her but the Winds blowing cross the English could not that day do much more Execution Next day Monk engaged the Dutch Fleet again and sunk six of their best Ships two were blown up and eleven taken one Vice-Admiral and two Rear-Admirals with two of their Hoys and thirteen hundred and fifty Prisoners and of the English not one Ship was lost or disabled and besides Admiral Dean but one Captain killed The Dutch thus balk'd of their Expectation of firing the English Ships in their Harbours and in the Downs send Beverning Newport Vande Parro and Jonstal to Cromwel and the new Council of State for Cromwel had discharged
Presence of God That I will not violate or infringe the Matters and Things therein contained but to my Power observe the same and cause them to be observed and shall in all other things to the best of my Vnderstanding govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred In the former Impression I followed Cromwel's Instrument of Government as it is set forth by Dr. Bates but finding this differ from Mr. Whitlock not only in the Number of the Articles but in the Substance of several of them I shall now follow Mr. Whitlock as being of better Authority tho not particularly recite them all being long but make Remarks upon several of them to shew how inconsistent this Instrument was with Cromwel's Oath and how he observ'd it in his future Actions Cromwel ' s Council was Philip Lord Viscount Lisle now Earl of Leicester Charles Fleetwood his Son-in-law John Lambert Sir Gilbert Pickering Sir Charles Woolsley Sir Anthony Ashley Cooper after Earl of Shaftsbury Edward Mountague after Earl of Sandwich John Desborow his Brother-in-law Walter Strickland Henry Lawrence William Sydenham Philip Jones Richard Major Francis Rouse and Philip Skipton Esquires The 5th Article is That the Protector with the Consent of the major part of the Council have Power of War and Peace How well he observed this in his Peace with the Dutch and French and War with Spain will appear afterward The 6th Article is That the Laws shall not be altered suspended or repealed nor any new Law made nor any Tax Charge or Imposition laid upon the People but by common Assent in Parliaments save only as is expressed in the 30th Article How does this Article agree with the 27th That a constant Revenue shall be raised for the maintaining 10000 Horse and 20000 Foot in England Scotland and Ireland and 200000 l. per Annum to himself beside the Crown-Lands or with the 38th Article To repeal all Laws Statutes and Ordinances contrary to the Liberty Cromwel grants to all tender Consciences as he calls them in the next preceding Articles where he excludes Popery and Prelacy Or how did Cromwel observe this Article when he imprisoned the Royalists which would not give Security for their Good Behaviour to him and whether they did or not took from them the tenth part of their Estates and put them to Death by his High Court of Justice as he call'd it The 8th Article is That Parliament after the first Day of their Meeting shall sit five Months and not in that time be Adjourned Prorogued or Dissolved without their Consent Yet he dissolved the next Parliament as he called them within five Months after their first sitting with their Consent and if they refus'd had his Janizaries in Westminster-hall and in the Court of Requests to have forced them as he did by the Rump this is true of my own Knowledg and declared what should be Treason See Whitlock's Memoirs fol. 563. b. The 34th Article is That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admiral Chief Governours of Scotland and Ireland and the Chief Justices of both the Benches shall be chosen by the Approbation of Parliament and in the Intervals of Parliament by the Approbation of the major part of the Council to be afterwards approved by Parliament I deny any of these Officers were ever chosen or approved by Parliament if any were it lies upon another to prove them to be so chosen or approved by Parliament Thus by manifold Perjuries deepest Dissimulation Hypocrisy and foul Ingratitude Cromwel waded through a Sea of Blood in England Scotland and Ireland and then deposed them who had raised him for which he had murdered thousands for but attempting to do what he had done He aspired to the Dominion of Britain and Ireland which the Rump had conquered to his hand and by Monk's Victories over the Dutch Holland lies at his Mercy so that as Cromwel was the most absolute Tyrant that ever raged in England so was he not less terrible to his neighbouring Nations And now he had it in his Power to do what he will let 's see how like a Beast he did what he did Of all our neighbouring Nations the Dutch and French were the most formidable to the English the Dutch being not only Competitors with the English in Trade but Contenders with them in the Dominion of the Seas and the French the most formidable and faithless by Land and of all Nations the English Trade to France was the worst being as much to the enriching France as the impoverishing England Spain neither a neighbouring Nation to England except some part of Flanders nor any ways formidable to England by Sea or Land yet of all others the English Trade with Spain was the most beneficial and enriching to the English Now let 's see how diametrically contrary to the English Interest Cromwel acted in every one of these After Cromwel had assumed the Protectorate Mr. Whitlock says he observed new and great State and all Ceremonies and Respects were paid to him by all sorts of Men as to their Prince and Stubbe says upon the 20th Notice was given to the Dutch Plenipotentiaries by Cromwel's Master of the Ceremonies of his being Protector and how ready he was to treat with them and how kind he would be to them but they must pay him the same Honour and Respect which was heretofore exhibited to the English Kings and in their Writings and Discourses give him the Title of Highness which was in Use before that of Majesty that they not being in the Quality of Ambassadors but Lords Deputies Plenipotentiaries must be uncovered in his Presence In this state Cromwel takes the Treaty of Peace out of the Council's Hands tho it ill agreed with his Oath to the Instrument of his Government and upon the 26th of December but ten Days after his assuming the Protectorate by his Secretary Thurloâ— brought the Dutch Plenipotentiaries a Writing wherein the Satisfaction of the 3d Article demanded by the Council was wholly omitted but the Claims of the East-India Merchants and others were to be compounded The 15th Article was changed so as that neither the Dominion of the Seas was mentioned nor their Ships to be searched but they were to strike the Flag and lower their Top-sail to any English Man of War within the British Seas with several other Concessions Now the Dutch Artifice after having made so many Protestations of agreeing with Cromwel upon better Terms than they would if he would dissolve the Rump and Barebone's Parliament appeared for notwithstanding Cromwel had omitted the Satisfaction demanded by the third Article and qualified the fifteenth yet looking upon Cromwel's state uncertain and that he stood in as much need of them as they of him without giving any Answer upon the 28th of December desired a Passport to depart Now Cromwel perceived how the Plenipotentiaries had deluded him
Value of the Lands of England Observation VI. Suppose that we had no Act of Navigation but our Western Men might have built and fitted out Ships for the Newfound-Land Fishery as cheap as the French yet by this Act against Importation of Irish Cattel the French being enabled to victual Ships cheaper from the Ports of Ireland than we from the English the French from this only Cause may have the foreign Vent of the Newfound-Land Fishery whilst the English are necessitated to vend theirs only in England which is as much a Grievance as the Importation of Irish Cattel for the Expence of them will as much fall the Price of Flesh as the Importation of the Cattel Observation VII By this Law the English have lost the Benefit of Victualling foreign as well as English Ships from our own Ports and established them in Ireland to the lessening the Value of the Lands of England and this in time of Peace And in time of War by how much cheaper foreign Nations can victual Ships from Ireland than we can from England so much cheaper they may manage War and continue it longer Observation VIII The Wools of Ireland are generally better than those of England I have it by very good Authority and by the 14 Car. II. 18. it's Felony to export any out of England or Ireland The Reason given is it would decay the Woollen Manufactures ruin many Families and be the Destruction of the Navigation and Commerce of England and Ireland And why would it decay the Woollen Manufactures and ruin many Families to export Wool The common Reason given is That the Natives of other Countries would work them cheaper than the English whereby we should lose the Employment of our People If this be a Reason this Irish Act was made in an ill time to make Provisions dearer which will necessarily resolve into a further Dearness because those who work our Woollen Manufactures must live by Food and so much the dearer Food is so much dearer must Mens Labours be But I say this is not the Reason for no People in the World in like Circumstances take so much Pains for so little Profit as the Combers Spinners and Weavers do in our Woollen Manufactures and I 'm sure the Wools and Fullers-Earth in England are cheaper here than can be had elsewhere and an English Man or Woman hath a better Habit of Body and as good a Wit as a French or Dutch Man or Woman and that in Holland they pay as much for Excise for Meat and Drink as in England is paid for them I 'll give the true Reason why if the Dutch or French get our Wools and Fullers-Earth they may vend the Manufactures cheaper in foreign Trade than the English The Wools of Derbyshire Nottinghamshire Leicestarshire Warwickshire Lincolnshire Rutlandshire Northamptonshire Huntingtonshire Hertfordshire c. are in the dead of the Winter brought by Land-Carriage to Norwich and Colchester and even the Wools of the Sheep killed in London are carried to Colchester to be wrought there and then by another Land-Carriage they are brought to London as our Western Cloths are And then none but the Free-men of London must buy them at it may be 20 per Cent. cheaper than they might be sold if the Trade were free then they must be vended abroad in English-built Ships double as dear by the Act of Navigation and these sailed by near double the Hands of foreign Ships of like Dimensions and if any Returns be made they shall pay twofold more Duties than if they were imported into Holland and Hamburgh And upon other Terms ouâ— Poor must not be employed working Woollen Manufactures It 's agreed the vast Riches of France arise by the Trades which the English Dutch Dane Hamburgher Embdener Lubecker and Bremeners drive trading into France for Wines Brandies Salt Paper and the English besides these for Linen Cordage and Sails Suppose then the French King should by Edict ordain that these should be first brought by Land-Carriage to Paris and then none but the Free-men should buy them at what Rates they please and then these should vend them in foreign Trade only in French-built Ships and these sailed by three fourth parts French whether they have Ships or Men or not and the Returns made of them to pay him twofold more than if they were imported into Holland or Hamburgh c. Would not any Man think he were mad Yet what would that differ from our Practice At this rate we have in England more Wools than we can work and by this Act the Irish are forced to breed Sheep upon the Grounds they bred their Cattel before the Act and by the Act of 14 Car. II. 18. it's Felony to export the Wools so as the Irish are necessitated to work them where Provisions are cheaper than in England and where they shall not be at the unnecessary Land-Charges of Carriage of their Wools and Re-carriage of their Cloths where they shall not be restrained to the vending of them to Free-men of Corporations at 20 per Cent. Loss and where their Ports are better and more convenient for foreign Trade than those of England and then the English must condescend to the Terms of the Irish or these will undo more Families and more decay the Trade of our Woollen Manufactures than if Foreigners wrought the Irish or English Wools. Observation IX Ireland is a Kingdom depending upon England and Trade and Commerce create a mutual Correspondence and Interest between Countries so as this Law makes the Correspondency and Interest of Ireland to depend upon other Countries whereas it is the Interest of England that England should have been the Mart or Store-house of all the Wools Hides Tallow c. renewed in Ireland as England is the Store-house of the Product of our Plantations or as Holland is of the Spice-Trade These ruinous and mischievous Consequences this Law has brought upon England and Ireland only that the Northern and Western Men might have a Monopoly of imposing what Rates they pleased upon the Eastern and Southern Parts of England I may safely say to the lessening the Rates and Value of those Lands at 30 per Cent. and I dare say from many less Causes or if this Partial Law had been imposed by any King out of Parliament it might have caused a Rebellion in England and Ireland too Yet it had been the Interest of the Northern and Western Men to have continued the Importation of Irish Cattel for in breeding Cattel they can make but one Return in five Years whereas they might make four Returns in one Year by the Irish Cattel imported Yet in many Land-Taxes the Parliament taxed the Southern and Eastern Parts of England near double more than the Northern and Western But neither the King's Management of Business this infant-Infant-Law the Fire of London the pulling down the Houses upon the Tower-Ditch the Plague nor the Act of Navigation now sixteen Years old could allay the Parliament's Heat from
8. The French Progress in Flanders more nearly concerned the Dutch than the English the Spanish Netherlands being the Barrier to secure the United Netherlands from sinking under the Power of France and therefore the Dutch States readily complied with Sir William's Proposals and Sir William waited upon the King to give him an Account of his Negotiation and within 5 Days after was sent back with Powers to conclude a stricter Defensive League than that at Breda between England and Holland either by Mediation or Force to stop the further Progress of the French Army in the Spanish Provinces And because the Swedes soon after entred into it it was called the Triple Alliance This preserved what the French had left untaken and the Spaniard was forced to sit down by the Loss But whatever the Spaniard lost by the French Ravages the English gained this Benefit by it That one Brewer whose Parents were said to be English with about fifty Walloons who wrought and died Fine Woollen Cloths came into England and the King after the Example of two of his wisest and most renowned Predecessors Edward III. and Queen Elizabeth entertain'd them against our Barbarous Law or rather Usage against Foreigners partaking the Benefit of Natural-born English and by them the English in a few Years time were instructed to make and dye fine woollen Cloths cheaper by 40 l. per Cent. than they could do before not only to the Benefit of the English at home but in foreign Vent abroad which before the Dutch had I think it was this Year the French sell into the Franche County of Burgundy and took Dole and Besanzon but this being a Barrier to the Swiss against the French Power as the Spanish Netherlands are to the Dutch the Swiss recalled their Subjects out of the French Service and ordered the levying Sixty Thousand Men to expel the French out of the County of Burgundy and now it was not time for the French King to contend against the Triple League and the Swiss too so he gave up Dole and Besanzon again to the Spaniards and withdrew his Forces out of the County Thus was Spain saved by others when they could not help themselves The banishing the Chancellour Clarendon did palliate but the Triple League reconciled all Difference between the King and Parliament as if no Dutch War or Miscarriages had been and for the Triple League they granted the King a Treble Supply viz. 20 Car. II. c. 1. 301000 l. upon Wines and Liquors Secondly an additional Duty of 8 l. per Tun on French Wines c. and 12 l. per Tun on Spanish Wines for eight Years which amounted to 560000 l. this was the 22 Car. II. And also cap. 3. an Act for sale of the Fee Farm Rents to the Value of 1300000 l. An. Dom. 1668. But you 'll see these dear bought Joys soon will fade for the great Clarendon and noble Southampton now are gone and another Generation is springing up and that with such forward Growth as all Weeds do that upon the Joy of the Triple League the House of Commons having given the King the 301000 l. Mr. Clifford after Lord Treasurer in April following told a Friend of Sir Temple's that for all this great Joy it must not be long before we have another War with Holland and this very Year a French Man gave my Lord Arlington the Design of laying another Holland's War and the Advance of it by the Practice of Monsieur Colbert upon the Ministers of our Court. An. Reg. 21. Dom. 1669. However the Devil will play at small Games rather than stand out for now the French King's Hands are tied up by the Triple League and Treaty at Aix la Chapelle from taking more Towns in the Spanish Netherlands Yet he exacted great Contributions from the Dutchies of Limburgh and Luxemburgh and confiscated the Estates of those in his Conquests who would not forswear their Allegiance to the King of Spain and endeavoured to surprize the Town of Hainault And tho by the Pyrenean Treaty the Duke of Lorain was to be restor'd to his Dutchy yet the Duke tho a Friend to the King was rejected from entring into the Triple League which he endeavoured and therefore incurred the French King's Displeasure who in the Year 1669 seized upon the poor Remainders of his Country and ordered one of his Generals to seize his Person and bring him either dead or alive And tho by the Treaty of Breda the French King was to restore the English to their Plantations in St. Christophers which the French had taken from them yet hitherto he refused to do it In this trifling which the Hector of France did only to keep his Hand in ure he did not sleep otherways the Triple League stuck sore in his Conscience which unless broken would set Bounds to his boundless Ambition In its infant State Monsieur Colbert in the first Year had made some Steps towards it but the next Year made such Advances that he had almost brought the Destruction of it to Perfection To facilitate this hopeful Project Madam the King 's beloved Sister came in June 1670 to Dover with full Powers to conclude this desired Business The King was not long behind but with equal Desire and extraordinary Affection meets his Sister where all things are concluded which tho as dark as Hell yet were as secret as Witchcraft which would have no Light but by their Consequences and that this well-laid Design might not be forgotten the Princess left her Woman Madam Carwel after Dutchess of Portsmouth with the King to put him in mind of it but the Princess was unhappy in this for Monsieur her Husband entertained a furious Jealousy in his frantick Brain that something else besides this hopeful Project was designed by the Princess so that though she were in perfect Health and never more pleased than when here yet upon her Return she in the Glory of her Age but Twenty six Years old died suddenly so that the Cause of her Death was as dark as the Design she came for But there is neither Sister Father or Mother with Kings and Kingdoms The sudden Death of Madam put no stop to the ratisying the Business she came for but the Marquess of Bellefonds is sent hither and an honourable Person is sent into France for both Kings Ratification of it Hereupon the French King descended from his Stiffness and delivered the English their Grounds in St. Christophers to Sir Charles Wheeler yet destroy'd all the Plantations plundered and carried away all that was portable laid the whole Country waste and left it in a much worse Condition than if it had never been planted The French King by his English Pensioners did not only keep the Emperor and Duke of Lorain out of being desirous to enter into the Triple League but he enters into a stricter League with the Arch-bishop of Collen and the Bishop of Munster two Princes of the Empire against the Dutch and now began to
sit out a greater Fleet of Men of War than ever any French King did before Nor were the Dutch behind-hand but made proportionable Advances not doubting but the King would make good his Proportion according to the League so lately made between the King and them in case the French King made any Attempt upon them Upon the 24th of October 1670 the Parliament met again and notwithstanding all the Aids granted the King in April before my Lord-Keeper Bridgman told the Parliament the great Care his Majesty had of them and the Kingdom since their last Recess and that besides the triple Alliance he had made many advantagious Alliances both for Security and Profit of Trade with the Swede Dane Spaniard and Duke of Savoy But since the Dutch and French made such vast Naval Preparations it was necessary for the Safety and Honour of the Nation that the King should at least keep equal Pace with them which could not be done without great Supplies which must be speedily granted for the King intended to put an End of this Session before Christmas but the Success of this Speech so ill agreeing with the Premises it was not permitted to be printed yet you may read it at large in Mr. Marvel's Growth of Popery But whatever Treaties of Commerce were made with other Princes the Keeper finds none with France where neither the advantagious Treaty made by Oliver was observed nor any new one made but the French King did use the English with all imaginable Oppressions without any Redress from the King However this Speech wrought so pathetically with the Parliament that they gave the King one Shilling in the Pound of the real Value of all the Lands of England for one Year and an Additional Excise upon Beer and Ale for six Years and the Law-Bill for nine Years which three Bills were computed at two Millions and a half And now this dark Design founded in such deep Dissimulation Hypocrisy and Perfidiousness as Oliver Cromwel would have been ashamed of and blush'd at begins to receive Light For the Parliament having granted the King the Aids were in Consequence prorogued and did not meet to act till the fourth of February 167 1 2. But in regard that not only the extirpating the Protestant Religion but the Subversion of the Western Parts of Europe was now designed which extended as far as the Baltick Sea and the Bounds of the Turkish and Tartar Empires we will be a little particular in it But what is most amazing is that the King in appearance a Protestant and a free independent King so used by the French King in his Exile and since his Restoration should be so forward in joining with a Faithless and Boundless Ambitious Neighbouring Prince which if his Design had succeeded had involved the Kingdoms of England Scotland and Ireland in the same Condition with the rest of Christendom The Vizard-Mask under which the Popish Party covered their Hypocrisy in propagating their Catholick Cause for plain-dealing must never be expected in it in King Charles the First 's time was Arminianism which then had the Ascendant in Laud's Regency but since the King's Restoration the Protestant Dissenters being so fiercely prosecuted by the Parliament it was judged that the dispensing with Penal Laws against Dissenters from the Church of England would conjoin the Protestant Dissenters Interest with the Popish and this not only appeared by Practice but by Design in Coleman's Letters to Father Ferier and La Chaise the French King's Confessors As before the first Dutch War the King issued out his Declaration of Indulgence for dispensing with the Penal Laws in Ecclesiastical Affairs in the Interval of the sitting of the Parliament so did he before the second War It seems to me that the Designers of this War got some secret Oath or Promise from the King that he should not do the like again for the King told the House of Commons he would stand by his Declaration of Indulgence and sure nothing but Queen Money would have got him off However these Conspirators were more zealous than politick for before the King issued out his Declaration of Indulgence in England upon the 26th of February 1671 he issued out his Proclamation in Ireland wherein he granted general Licence to all Papists to live in Corporations exercise Trades there and enjoy the same Privileges as other Subjects ought to do which was a greater Privilege than his Protestant Subjects had for by their Charter all who were not free of the Corporations could not have the Benefit of their Privileges But that the Catholick Design might take deeper Root and Continuance the Duke of York's Sons being dead and the Princesses his Daughters being bred up in the Protestant Religion Care must be taken to establish the Popish for the time to come for which it was expedient the Duke should marry some Popish Princess and to this end the Arch-Dutchess of Inspruck was propounded and a Treaty entred into upon it But tho the Princess's Religion pleased the French King yet the Interest this Marriage would bring with it did not So that tho the Treaty were far advanced yet the French King who ruled all the Roast propounded the Princess of Modena the Daughter of a little Italian Prince and a Dependant of the French King's yet had a great Interest in the Court of Rome and this against all Endeavours of the Parliament and to the Dishonour of the Treaty with the Arch-Dutchess prevailed the French King having adopted her a Daughter of France and given her a Portion But while these Designs are laid in the dark here in England the French King bare-faced by his Ambassador at Vienna in a solemn Speech declared that his Master had undertaken the War against Holland for propagating the Catholick Cause and that all good Christians were bound to join with him to extirpate Heresy and that he would restore all his Conquests to re-establish the true Worship banish'd out of the Holland's meaning the Vnited Netherlands Territories which you may read more at large in Mr. Secretary Trevor's Appeal c. Now let 's see how agreeable these Mens Morals were to their Religious Pretences in laying the Scene for this designed Dutch War The Treasury since the Death of my Lord Treasurer Southampton was managed by Commissioners and if the Aids granted by the Parliament were not sufficient for carrying on the King's Designs the French King is to supply him further but things were not ripe enough yet for these Monies to be returned into the Exchequer lest they might give cause of Suspicion and therefore between six and seven hundred thousand Pounds were received by Mr. Chiffins he to have two Pence in the Pound to be disposed of as the King shall order If you doubt this you may examine Mr. Chiffins's Accounts when he was advised to pass them and take his Quietus out of the Exchequer Tho by the Defensive League between the King and States when the Triple League
Offices he was capable of and that the Duke was fully convinced that their Interests were one and the Parliament was not only unuseful but dangerous both to England and France and that it was the Duke's Opinion That if his most Christian Majesty would write his Thoughts freely to the King upon this Subject and make the same Offer of his Purse to dissolve this Parliament as he made to the Duke to call another he did believe it very possible for him to succeed and from this time to the breaking out of the Popish Plot you shall see the Parliament call'd prorogu'd and adjourn'd by Order from France or French Ministers and Pensioners That this Design may be carried on in Masquerade the whole Band of Pensioners make it their Business to possess whom they could perswade that the Church is in danger truly said but untruly intended and that the Nation was running into Forty One All Countenance and Hopes of Preferment were promised to those who would support the Church from the Danger of Forty One This was blaz'd abroad and encouraged by all sorts of printed Pamphlets and if they met with Opposition the Authors and Printers were persecuted for publishing unlicensed Pamphlets Mr. Roger L'Estrange was the Champion and Pensioner of the Cause Never did Man fight so to force the Whig into the Church and when he was there made a Trimmer of him and would have him out again Forty One was his Retreat against all who durst contend against him and the Government This was the Licenser of the Press but never was there such a Press Rifler For propagating this holy Cause Sir Francis North is made Chief Justice of the Common-Pleas Sir Richard Rainsford Chief Justice of the King's-Bench William Mountague Chief Baron Vere Bartue a Baron of the Exchequer Sir William Scrogs a Justice of the Common-Pleas and Sir Thomas Jones of the King's-Bench Men all durante bene placito You need not fear the Chancery for at this time there were four Chancellors and Lord-Keepers alive The Parliament was to have met the 10th of November 1674 but the Instructions from France were not yet sufficiently ripened so 't was put off till the 13th of April 1675. At the opening of this Session my Lord-keeper told the Houses No Influence of the Stars no Configurations of the Heavens are to be feared so long as these two Houses stand in good Disposition to each other and both in a happy Conjunction with their Lord and Soveraign but they ought not quieta movere nor res parvas magnis motibus agere The House of Commons had been sullen these two last Sessions and proceeded contrary to the Humour and Design of the Court and therefore a Bill was brought into the House of Lords eâ—tituled An Act to prevent the Danger that may arise from Persons disaffected to the Government which was the same imposed upon the dissenting Clergy by the Oxford five-Mile-Act this my Lord-keeper said was a moderate Security to the Church and Crown which no honest Man could refuse and who did gave great suspicion of dangerous and Antimonarchical Principles This Oath or Abhorrence or Test is mentioned before and is now set on foot to be taken by all who enjoy'd any Beneficial Offices Ecclesiastical Civil or Military to which were added Privy-Counsellors Justices of the Peace and Parliament-Men It 's strange to me that Princes or indeed other Men who have any Piety or Fear of God should think to be secure in unjust Actions by Mens swearing to observe them For tho Human Actions be voluntary yet the End and Design by them is not in Human Power Paul may plant and Apollos water but only God can give the Blessing with what reason then can Man expect a Blessing from God because his Name is profaned and made as a stalking-Horse to attain it What Security had the Presbyterians by their Covenant or the Rump Parliament by their Engagement or Oliver or his Son by their Recognition And more I think the King could not expect hereby Whereas Princes whose Thrones are establish'd by Justice and Righteousness have a nobler Security than can be hoped for by Mens previous swearing to get Offices and Employments so that Trajan who was truly called the Just put his Sword into the Prefect's Hands and bid him draw it against him whenever he should attempt any thing against the Publick Good This King had a way never gone by any of his Predecessors to be present in the House of Lords at Debates and would solicit Lords for their Votes This was first declaimed against by my Lord Lucas as an Awe upon the Peers in their Debates and Votes This Oath being the Gap to let in the Popish Designs you cannot think the King would now be away but give all Countenance to the passing of it the Bishops to a Man were for passing of it so were all the Court-Lords or those who hoped for Preferment so as these were the much greater Part Yet the Country Lords when they debated it in Paragraphs made it inconsistent with the present Constitution of the Nation vain and superfluous and inconsistent in it self which held for seventeen days together But the Debates were laid aside by the Commons Votes against the Jurisdiction of the Lords in Appeals from Chancery These Debates you may read at large in Print in a Tract intituled A Letter from a Person of Quality to his Friend in the Country But because my Lord-keeper will have an ill-meant Distinction between the King 's Natural and Politick Capacity I 'll put one Case which I do not find in all these Debates The one Part of the Oath is I declare That it is not lawful upon any Pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those who are commissionated by him in pursuance of such Commission Suppose Duke Lauderdale should have a Commission from the King to bring his twenty two thousand Scots into England and you cannot believe the Scots Law to do it was made to no purpose and plunder and dispossess the English of their Estates and the Sheriffs of the Counties should raise the Posse to suppress them and compel them to keep the Peace as the Sheriff by his Commission and Oath is bound to do On which side does the Abhorrence of the Traiterous Position of taking up Arms against those commissionated by the King lie But you 'll say this cannot be imagined and I say the Design of imposing this Oath makes this not only imaginable but believed to be intended In the Debates the Commons raise a Storm against the Lords Jurisdiction in Appeals from Chancery upon which the King prorogued the Parliament to the 13th of October 1675. Tho the Duke lost Ground in the House of Commons and was disappointed in carrying the abhorring Test in the House of Lords yet he gained so much upon the French King
the Covenant and burnt several Acts of Parliament made against it and for establishing Prelacy since the Year 1660 and would have affixed their Declaration at Glascow but were prevented by the King's Forces for that time This Rebellion of the Covenanters initiated by so horrid a Fact did not extend so far as the Covenanters in their Frenâ—â— and Zeal imagined yet upon Sunday the 1st of June they rendezvouz'd about fifteen hundred Men upon Louden-Hill onâ—â— Wier commanded the Foot and the Horse was under Robert Hamilton one Patron with Balfour and Hackston which two 〈◊〉 assassinated the Arch-bishop With this Force they took the City of Glasgow and to sheâ— how all Crowns and Scepters must vail to them they published two Proclamations The first of which was We the Officers of the Covenanted Army do require and command 〈◊〉 the Inhabitants of the Burgh of Glasgow to furnish us with 24 Carts and 60 Horses for removing our Provisions from this Place to 〈◊〉 Camp where-ever we shall set down the same and to abide with us for that End during our Pleasure under pain of being reputed our Enemies and proceeded against accordingly The other was We the Officers of the Covenanted Army do require and command the Magistrates of Glasgow to extend and banish forth thereof all Arch-bishops Bishops and Curates their Wives Berns Servants and Families and Persons concerned in the King's Army within 48 Hours after publishing hereof under highest Pains And then they published a long Declaration of their taking up Arms for a free General Assembly and free and unlimited Parliament to redress the manifold Grievances there enumerated and humbly to request his Majesty to restore all things as he found them when God brought him home to his Crown and Kingdoms that was to the Dominion the Rump-Parliament in England had over them which you may read at large in the aforesaid Author from pag. 67 to 74. To these Declarations the said Author p. 17. adds they barbarously treated the dead Body of one Graham whom they had killed at a Conventicle They committed insufferable Insolencies in the Houses of the regular Ministers and Loyal Gentlemen as they marched along to Glasgow stabbing and gashing his Majesty's Picture where-ever they found it They behaved themselves barbarously in the House of the Arch-bishop of Glasgow where they burnt his Books cut in pieces his best Furniture and Hangings and almost kill'd a Gentlewoman with Blows who was left to keep the House for saying Gentlemen I hope you 'll remember you are in an Arch-bishop's House They sacrilegiously entred the Cathedral of Glasgow and finding a Tombstone over two of the Children of the Bishop of Argile with an Inscription of a Modern Date they digged up their Bodies run them through with their Swords and left them lying above Ground In the mean time the Council of Scotland were not idle but raised an Army and quartered it at a place called Blackborn to prevent the Covenanters Approach to Edinburgh and gave the King an Account of these things and expected his Majesty's further Orders And now I 'll tell a wonder which will scarce be believed in future Generations The King sent the Duke of Monmouth from London upon the 20th of June and the Duke rode above three hundred Miles upon that day and the two next days and upon the 23d ordered and disposed the King's Army raised by the Council that he fought the Covenanters and routed them killing about seven hundred of them and took above eleven hundred of them Prisoners and now it may be you will hear of a Wonder in Consequence after this Fight as great as the Fight and the Duke's Journey before it I do not question but the Design of the Court in sending the Duke of Monmouth into Scotland to suppress the Covenanters was by it to make him odious to the Presbyterians and other Dissenters from the Church of England in case he suppressed the Covenanters which tho the Duke did yet the End designed by the Court in it did not succeed For the dreadful Apprehension of the Duke's Succession to the Crown of England had taken a deep Impression in another sort of Men besides Dissenters and where Men are fearful of Danger they will seek all means how to prevent the Danger especially where the Power of doing ill is greater and therefore another sort of Men no Whigs might have their Eyes upon the Duke of Monmouth as the only means to prevent the Duke of York's Succession to the Crown his Title to the Crown of England if he could get an Act of Parliament for it being as good as that of John alias Robert Stuart the Son of Elizabeth Moore from whom the King and the Duke of York were both descended and in whose Right they claimed the Crown of Scotland if not those of England and Ireland However this gave the Lie to the Tories that all those were Commonwealths-Men who would not submit to the Illegal and Arbitrary Will of the King and their Doctrine of Passive Obedience and that Kings Jure Divino may do what they list tho God has set Laws and Bounds to all the created Bodies of Heaven and Earth and all other Creatures in them But how mischievous these Doctrines have proved to these three Kings of the Scotish Nation has been already said and I say it has been such flattering Doctrines as those that ruined all these Kings and Kingdoms except the Gibeonites Joshua 9. the State of Venice and that of Geneva for Du Salez was a just and vertuous Prince from which Commonwealths arose Who ever before King James and King Charles the First 's Reign in England heard of talking of Common-wealths in England and the several sorts of Governments viz. Monarchy Aristocracy Democracy which two latter tho they have the same Names yet no two of either in their Constitutions were like one the other And as these Commonwealths took their Rise from the Tyrannies of Kings and Princes so the exploded Government of the Rump if it were a Democracy or Common-wealth gave Life to all those Confusions Perjuries Breach of Leagues and devilish Practices of this Reign which would have been intolerable in any other and would have been opposed if not by rising in Arms against them yet at least in not so profusely pouring out Money for not continuing and carrying of them on The Popish Faction were more jealous of the Duke of Monmouth than the Tories were of a Commonwealth and the rather because there was a Pamphlet printed that the King was married to the Duke's Mother and rumoured abroad that Sir Gilbert Gerrard had a Black Box in which the Marriage of the King with the Duke's Mother was fully proved and made out and the fear of the Duke of York's Succession was so fix'd in Mens Minds that the Story of the Black Box was generally divulged and for ought I know believed by those who were fearful of the Duke of York's Succession If this could be
not mean by taking the Test to bind up himself from wishing and endeavouring any Alteration in a lawful Way which he shall think fit for advancing the Church and State where by his Example he invited others to be loose from the Test to make Alterations 6. That he understood this as part of his Oath which was Treasonable Invasion upon the Royal Legislative Power as if it were lawful for him to make to himself an Act of Parliament For the better understanding the Earl's Case it 's fit to consider first the Test was not to be imposed upon any but those who bear Office and the Earl was desirous to have laid down all his Offices which was denied him Secondly it was not to be imposed before the first of January whereas all these Proceedings against the Earl upon the Test were not only unwarrantable but the Council usurped the Royal Legislative Authority by imposing the Test upon the Earl before Thirdly that this Explanation of the Test by the Earl was by the Duke's Command and Allowance of the Council one Day and the next Day made Treason for publishing it the Earl being peremptorily commanded by the Duke to deliver the Explanation he had drawn in Writing to the Council 1. The Earl's Counsel insisted that the Earl having before always dutifully and loyally behaved himself to the King his Words and Intentions ought to be interpreted in the best Sense and in his Favour 2. That the Act against Leasing-making and depraving the King's Laws were for plain Words and Speeches tending to make Discords between the King and People and were never intended against a Person in Judicature required to give the true Sense of a Law to the best of his Skill and Conscience and that it would be strange in such a Case that this should be a Crime if one Man differ from another whereas oftentimes not only learned Lawyers but the Judges themselves differ about the Interpretation of Laws 3. That the Act of Parliament does not impose the Test generally but as a Qualification for those who shall bear publick Office and therefore it is just and commendable in any Person who has a Scruple of Conscience upon him to declare his meaning in taking of it how he understands it it matters not whether he errs or not for Conscientia etiam erronea obligat especially where a Man's Conscience is opposite to his Interest as in this Case to lose his Preferment nor was this any Reflection by the Earl upon the Act of Parliament nor their Prudence in imposing the Test 4. Tho the Earl could not take the Test otherwise than he explained it yet by the Act there was no greater Penalty than that Habetur pro recusante he should not hold his Places of Trust 5. That the Counsel allowed the Earl's Explanation by bidding him take his Place after he had made his Explanation 6. The Earl's Explanation could not be treasonable viz. Animo defamandi whenas he only made it to the Council when required whereas some Bishops whole Presbyteries and Synods had made Explanations of the Test and in downright Terms charged it with Inconsistencies and Contradictions and these allowed to be printed before the Earl made his and even the Council themselves had made an Explanation of it before the Earl was tried tho the Parliament was then in being and this made publick Q. If this were not more Treason than the Earl's tho his Counsel durst not say so 7. That the Earl by making his Explanation has assumed a Legislative Power to which it was answered The Legislative Power extends to all but the Earl's Explanation refers only to himself how he understood he might take the Test and this was done without any Diminution to the Legislative Power of making or interpreting Laws and if the Legislative Power be not satisfied it cannot extend any further than that the Earl shall be a Refuser of the Oath which is neither Treason nor Perjury as was charged upon the Earl 8. That the Earl was ready to give Obedience as far as he could did not import the Parliament had imposed an unlawful Oath for here is no Impeachment of the Justice or Prudence of the Law-giver nor can any Law be so plain especially affirmative Laws as this is that every Man shall understand it alike and if one Man declare one Sense of it and another otherwise how does this become Treason in one or the other or import the Injustice or Illegality of the Law 9. That the Earl was confident the Parliament never intended contradictory Oaths which was so far from being treasonable that considering the plain downright Objections spread abroad of the Inconsistencies and Contradictions of the Test it was a high Vindication of the Parliament 10. Therefore he thinks no Body can explain it but for himself which having no reference to any other this cannot be taken for any diminution of the Parliamentary Authority or depraving of the Law 11. That he takes it so far as it is consistent with it self and the Protestant Religion if this be a Crime the Earl is neither the Beginner nor Promoter of it so many Bishops Synods and Presbyteries having before printed it with Allowance from the Council nor the Promoter of it for the Earl said this only for himself and was passive in it being required by the Council to make his Explanation and if they divulged it 't was their Fault 12. That he did not bind up himself in his Station and in a lawful way to wish and endeavour any Alteration he thinks to the Advantage of the Church or State not repugnant to the Protestant Religion and his Loyalty This has reference to the Earl in his Station as he is a Peer of Scotland who has not only a Right in Parliament to debate freely of any Law in being but is a Member which has a Legislative Right and Vote to repeal as well as make Laws and herein can no more bind up himself than one Act of Parliament can bind another Parliament Note the Earl does not say this is part of the Test-Oath but part of his Oath in the Sense he takes the Test which makes no alteration of the Test The King's Advocate Sir George Mackenzy being one of the Conspiracy in contriving the Earl's Destruction you need not fear but he 'll strain his Wit to make good his Indictment of the Earl He begins with a long Invective against the jugling Covenant and this excellent Law the Test was established to prevent the like for the future and that no Law is of private Interpretation and if it were Men would be loose from Obedience to all Law and concludes with a Lie that there was no force upon the Earl to take the Oath that he took it for his own Advantage It 's true no private Interpretation of any Law is of force to bind another and whatsoever Interpretation another makes of any Law it makes no Alteration in the Law but if a
presumed to take Cognizance of Cases which were in the Jurisdiction of or depending in Parliament for this was to depose the Parliament and usurp their Jurisdiction nor do we read that ever any other Court assumed this Authority but in the Reigns of Kings affecting Tyranny and Arbitrary Power The first Judges which I think gave their Opinion That the Courts in Westminster Hall might take Cognizance of Causes determinable in Parliament were Tresilian and Belknap in 11 Rich. II. for which they were impeached by the Commons in Parliament of no less than High Treason and for which by Judgment of the Lords in Parliament Tresilian was hanged and Belknap banished Mr. Williams in his Pleadings for Fitz-Harris cites another Case in 20 Rich. II. of a Person who exhibited a Petition in Parliament which suggested something which amounted to High Treason which it may be was determinable by Common Law This Person was after indicted at Common Law found guilty and pardoned but because the Business was depending in Parliament the Prosecution and Judgment were made void in Parliament The next Case I think but of an higher Nature for Tresilian and Belknap only gave their Opinion was that of Sir John Elliot my Lord Hollis c. 5 Car. I. when an Information was exhibited against them in the King's Bench they pleaded to the Jurisdiction of the Court being for Matters transacted in Parliament the Court over-ruled their Plea and gave Judgment against them and Reasons such as they were for their Judgment but in the 19 Car. I. upon a solemn Debate in the Commons House and upon their Reasons given at a Conference with the Lords the Judgment of the King's Bench Reasons and all were reversed by a Writ of Error in the Lords House and after the Judges who gave the Judgment were impeach'd of High-Treason by the Commons for endeavouring to subvert the fundamental Laws and Constitutions of the Kingdom This Case of Fitz-Harris I take to be the fourth of this kind yet shall open a Gap for a fifth but that this Case may be better understood it will be necessary to distinguish between an Indictment or Information and an Indictment by the Commons in Parliament An Indictment or Information is at the Suit of the King and the Judges and Jury are tied up to some single Issue as in this Case of Fitz-Harris the Trial was whether he was guilty or not of the Treason whereof he was indicted But an Impeachment of the Commons is at their Suit and of all the Commons of England nor are they tied up to one single Issue but impeach for Treason and other Crimes and Misdemeanours in the same Impeachment they assume to themselves That all the Commons in England have a Right in the King and all the Laws and Constitutions of the Nation and therefore can impeach where none of the Courts of Westminster-hall can take any Cognizance at the Suit of the King either by Indictment or Information After Fitz-Harris was committed to Newgate he was examined by the Earls of Essex and Shaftsbury Sir Robert Clayton and Sheriff Cornish who found in him a Disposition to discover the bottom of the Popish Plot and also to make a further Discovery of the Murder of Sir Edmundbury Godfrey but the next Day Fitz-Harris was carried to the Tower and kept close Prisoner and out of their Power to whom Fitz-Harris promised to make a Discovery The Commons conceiving themselves and all the Commons of England concerned in this Plot wherein the French Ambassador his Confessor my Lord H the Dutchess of Portsmouth and her Woman Wall and even the King himself for Fitz-Harris had several times acquainted the King with it and the King gave him Money and countenanced it were Agents impeached Fitz-Harris thereby to enquire into the Bottom of this Business which no Court in Westminster-Hall could do and this I take to be the Reason of the Commons Vote of the 27th of March 1681 That if any inferiour Courts shall proceed upon Fitz-Harris and he be found Guilty the House will declare them guilty of Murder and Betrayers of the Rights of the Commons of England And so it fell out that Fitz-Harris being indicted upon the single Issue of contriving and publishing the Libel was convicted and executed upon it tho he desired to proceed upon the Discovery of this Plot to the Earls of Essex Shaftsbury and to Sir Robert Clayton and to make an End of his Evidence against my Lord H which was denied So that whether Fitz-Harris was murder'd in his Person or not it 's no Question but his Evidence for further Discovery of this and the Popish Plot was murder'd by this Trial. I will make these Remarks more upon this Trial that in the Case of Tresilian and Belknap the Nation was in no other Danger than the Courts of Westminster-Hall's invading the Jurisdiction of Parliament and the Case of my Lord Hollis Sir John Elliot Mr. Selden c. was only for Misdemeanour whereas the King's Person and the Safety of the Nation were concerned in the Discovery which Fitz-Harris might have made see Mr. Hawles's fine Remarks upon the Practices and Illegalities of the Judgment of the Court not warranted by the Common or any Statute Law and that the Consequences of this Trial were manifoldly more mischievous to the Nation than if Fitz-Harris's Design had taken Effect The Fright of Fitz-Harris's Discovery of this new Popish Plot being seemingly allayed by his Death Revenge with winged Haste pursues the Discoverers of the old It was in Trinity-Term that Fitz-Harris was tried and executed and after this Term an Indictment of High Treason was exhibited to the Grand Jury of London against Stephen Colledge a mean Fellow but a great Talker against the Popish Plot who was more known by the Name of Protestant Joiner than Stephen Colledge The Fore-man was one Wilmer This Indictment would not down but the Grand Jury returned an Ignoramus upon it for which Wilmer was forced to fly his Country The Design not succeeding in London the Scene against Colledge is laid at Oxford the Judges were Chief Justice North Justice Jones Justice Raimond and Justice Levins To make sure of a Bill to be found there against Colledge the King's Counsel had prepared Witnesses at the Assizes to post thither and there to make sure Work the King's Counsel are privately shut up with the Jury till they had found the Bill which Mr. Hawles says was a most unjustifiable and unsufferable Practice Whilst these things were contriving Colledge had the Honour as well as Fitz-Harris to be committed and continued a close Prisoner in the Tower yet the Lords impeached in Parliament had the Liberty of it and free Access was permitted to them it 's true indeed Colledge was permitted to have a Solicitor and Counsel which was Mr. West I think a Plotter or Setter in the Rye-Plot as dark as Fitz-Harris's and as like it as two Apples are one to the other But this was
not out of Favour to Colledge but to betray him for when the Bill against Colledge was found at Oxford Murrel a Goaler and Seywel a Messenger were sent to bring Colledge to Trial who after they had taken him out of Prison run him into a House and by Order of the King's Counsel took from him all his Instructions for his Defence and carry'd them to the King's Counsel as well to disable him to make his Defence as to enable the King's Counsel how to proceed against him by some way he was not provided to make his Defence Upon Colledge's Arraignment he demanded his Papers taken from him by Murrel and Seywel which were denied by the Court till he had pleaded guilty or not to his Indictment Here take notice that Sir Francis Pemberton Sir Thomas Jones and Justice Raimond having done the Court's Job in Fitz-Harris's Trial a new Set of four is made to do this of Colledge's the chief of these was Sir Francis North a Man cut out to all Intents and Purposes for such a Work and as if born to do it his Father was a Committee-Man in all the late Times against King Charles I. and his Grandfather one of the seven who condemned Arch-bishop Laud it 's no matter who were the other three for North was the Mouth of the Court. This was the first time that ever any Prisoner had his Instructions taken from him to make his Defence and at a time when there were such Contrivances to take away his Life My Lord Chief Justice told Colledge he took not away his Papers but Colledge replied they were taken from him upon pretence of bringing them to his Lordship The Court and Counsel had a twofold Design upon Colledge in seizing his Papers one to trapan Colledge to plead guilty or not before they deliver'd the Papers which having done it was too late to plead either to the Jurisdiction of the Court or that the Indictment was erroneous as it was it being of different Natures as for Treason and Misdemeanours Here I leave it to the Learned to judg whether the Court and King's Counsel did not in this Indictment endeavour to depose the Parliamentary Authority and usurp it themselves for tho the Commons may impeach generally for Treason and Misdemeanours in the same Impeachment yet neither by the Common or any Statute Law any such Indictment can be The other Design was to disable Colledge to make his Defence after his pleading not guilty Colledge finding himself thus beset tho a mean Man yet with a Roman Courage said This was a horrid Conspiracy not only against his Life but against all the Protestants of England And herein he proved a true Prophet The Courage of the Man put the Court and King's Counsel to the Whisper which was never before done in any Court of Common Law and now the Court must be adjourned the Pretence being for Dinner tho they had breakfasted but a little before and before their Return the King's Counsel altered their Method of proceeding against the Prisoner from that they before designed and so sorted their Evidence that they might not contradict one another and so would not examine some of his Evidence Yet upon the Return of the Court the Attorney Sir R. S. for fear his Instructions might not well be remembred or understood moved the King's Evidence might be examined in the hearing of one another which tho over-ruled yet 't was not observed and to satisfy the Jury the Court Sir F. N. told them in summing up the Evidence they would inform the Jury what part of it was Treason and what Misdemeanor which they did not Mr. Hawles's learned Remarks herein as well upon Law and Practice are worthy the Consideration of the Parliament The Court and Counsel thus armed Cap-a-Pe and the Prisoner bound Hand and Foot you need not doubt of a glorious Victory over him And now let 's see by what valiant Combatants they aâ—chiev'd it The first Champion against Colledge but whether to prove Treason or Misdemeanour is not yet determined was Stephen Dugdale That in a Barber's Shop and a Coffee-house he had spoken vilifying Words of the King that Colledge had shew'd him several scandalous Libels and Pictures of which he was the Author that Colledge had a silk Armour a Brace of Horse-Pistols a Pocket-Pistol and a Sword that he had several stout Men would stand by him that he would make use of them in Defence of the Protestant Religion and that the King's Party were but a handful to his To pass over the Improbability of Colledge's designing Treason against the King and trust the Management of it to Papists and none of them ever discovered the thing they swore till after the Parliament at Oxford tho most if not all were pretended to be transacted or done before let 's see what Credit could be reasonably given to any of the Evidence against him 1. Dugdale ' s Evidence was confronted by Dr. Oates who testified that Dugdale said He knew nothing against any Protestant in England and being taxed by Oates that he had gone against his Conscience in the Evidence he gave to the Grand Jury at London against Colledge Dugdale said It was long of Colonel Warcup a worthy Person who for this and such like Services is since Knighted for he could get no Money else Elizabeth Hunt testified That after Colledge was in Prison Dugdale told her He did not believe Colldge had any more hand in conspiring against the King than the Child unborn and that he had as live have given an 100 l. he had never spoken what he had and that he had nothing to say against Colledge which would touch his Life and Yates testified that when he said Colledge was an honest Man and stood up for the King and Government Dugdale answer'd I believe he does and I know nothing to the contrary Haynes swore Colledge said Vnless the King would let the Parliament sit at Oxford they would seize him and bring him to the Block and that he said The City had fifteen hundred Barrels of Powder and ten thousand Men ready at an hour's warning 2. To confront this Evidence Hickman testified that Haynes swore God damn him he cared not what he swore for it was his Trade to get Money by Swearing Mrs. Hall said she heard Haynes own That he was employed to put a Plot upon the Dissenting Protestants And Mrs. Richards said She heard him say the same thing Whaley said Haynes stole a Silver Tankard from him And Lun said Haynes said The Parliament were a Company of Rogues for not giving the King Money but he would help the King to Money enough out of the Fanaticks Estates Everard testified that Haynes said His Necessity and hard Pay drove him to say any thing against the Protestants Turbervile swore Colledge said at Oxford That he wished the King would begin if he did not they would begin with him and seize him and that he Colledge came to Oxford for that
any Consideration of the dreadful Consequences it has brought upon the Nation both within and without or in another Temper than the Parliament was in in the twelfth Year of the King when they passed or confirmed this Law without any consideration of Times whether in War or Peace II. If the Act of Navigation had been in general a good Law yet Times must be distinguished and in War Civil Laws are silent so that for the Preservation of the Publick the King may destroy particular Mens Interest as in case of firing the Suburbs of a City to preserve the City and destroy the Fruits of the Ground rather than these shall sustain an Enemy to the endangering the whole Nation but it was much more reasonable for the King to grant Liberty without any Destruction or Wrong to his Subjects to dispense with the Act of Navigation and give all Foreigners Liberty to import Gunpowder and all sorts of Naval Scores c. for the Nation 's Preservation in the time of War with the Dutch And I say it was Prudence in Oliver tho in time of Peace to dispense with the Act of Navigation in reference to the Trade to Norway and Sweden after the Norway Merchants had represented to him how grievously the Norwegians by this Act imposed upon not only the English Subjects but upon Oliver himself in building and fitting up his Men of War 2. The second better Act of King Charles was his dispensing with the Law against Foreigners partaking the Benefits of the natural-born Subjects of England by permitting Brewer and his Walloons tho Papists after they fled from the Rage of the French Ravages in Flanders in 1667 to plant and settle themselves in the West whereby the English became instructed how to make and dye fine Woollen Cloths 30 per Cent. cheaper than they could before and herein the King imitated two of his most glorious Predecessors that ever reigned in England I mean Edward III. and Queen Elizabeth Princes who no ways affected Tyranny or Arbitrary Power I say the King might justly and legally do this for tho the King cannot dispense with Laws which have a complicated Interest with himself and Subjects to the Wrong of his Subjects yet the King may dispense with those Penalties which properly belong to him even in criminal Cases as to the Life and Estate of an Offender and therefore much more where there is no Offence and the End for the publick Good as in this Case of Brewer and all other Foreigners the Penalty is if they trade they shall pay Strangers Duties but this is to the King and if he pleases he may take to other Duties than his natural-born Subjects pay whereby the Foreign and Fishing Trades which are carried on in Holland might not be carried out of England and thereby the Navigation of England become double or treble to what it now is and the ruined and even desolate Coast-Towns of England flourish as Hamburgh Amsterdam Gottenburgh Diep St. Maloes and other Ports Would not this be not only for the enriching but strengthning the Nation and that in a double Proportion for we should be so much more rich and strong here as other Nations would be less and in a worse state to make War upon us Nay should we only make our Ports free as Leghorn Marseilles and as of late the Pope has Civita Vecchia would not the Nation be so much more enriched as the Goods imported are more I would know from whence else it was that France became so enriched above all other Countries for Mines they have none but from the vast Trades the English Dutch Swedes and Danes drove in France And suppose the King should dispense with Foreigners purchasing Lands in England and not take them as he may do if he pleases whereby Millions of Money would be brought into England the Lands we shall have still and would not the Nation be so much more enriched hereby as the Purchase-Monies are more And would not the Nation be so much more peopled and strengthned as the Purchasers are more and the King's Revenue by Excise and Customs so much more encreased as the Consumption of these and their Descendants shall be more Merchants to enrich themselves and the Nation run great Hazards and are often undone in their Merchandizing whereas the Nation nor any Man else runs any Hazard by Foreigners purchasing Lands in England Ambitious Princes to acquire more Subjects run great Hazard and destroy and make Men miserable and ruin Countries to accomplish their Designs whereas none of these attend the Permission of Foreigners to trade and inhabit among us and when they are once settled theirs and the Nation 's Interest will be the same and both alike obliged to defend them Xenophon in Cyropaedia says That by reason of the Goodness and Justice of Cyrus's Reign many Nations became his Subjects Will any say Cyrus was less a King hereby Or should we be less a Nation if by the Benefit of our many Advantages in Trade we should by others encrease our Trade which we cannot of our selves Nay should we not so much more enrich and strengthen our selves When I consider these things I wonder Foreigners should be at such Charges to purchase their Freedom by an Act of Parliament whenas the King may do it if he pleases unless it be that their Posterity shall not inherit but if the King may permit Foreigners to purchase without taking the Forfeitures or grant them a Licence to purchase he may grant them a Licence to settle their Estates as they please 3. The third good Act of K. Charles was his marrying the late Queen to his present Majesty tho by the manner of it it seems to me he did it by Surprize and I 'm apt to believe if he could well have come off from it again he would as appears by the Story 4. We may add this fourth That he bred up the late Queen and her Sister after the Religion of the Church of England A DETECTION OF THE Court and State of England DURING THE REIGN OF King JAMES II c. BOOK V. WHAT before King Charles II. acted in Masquerade King James did bare-fac'd and here you 'll see how plain and easy a Passage the Absolute Will and Pleasure-Men and Passive Obedience-Men had made for this King to overthrow the whole Church and State of England and by what steps he proceeded in it the King's Speeches looking one way and he going quite contrary Upon the 6th of February in 1684 85. the Day of his Brother's Death the King declared in Council That since it had pleased God to place him in that Station to succeed so good and gracious a King as well as so kind a Brother that he thinks fit to declare his Endeavours to follow his Brother's Example more especially in that of his great Clemency and Tenderness to his People and make it his Endeavour to preserve the Government both in Church and State as it is by
but so ridiculously cruel as will scarcely be believed for not only those who escaped were excepted but a Company of Girls some of 8 or 9 Years old who had made some Colours and presented them to the Duke of Monmouth while he was at Taunton these were excepted by Name and no Pardon could be purchased for this Treason till the Girls Parents had paid more for it than would have provided a Marriage Portion when they should come of Age. But suppose the King did imitate his good and gracious Brother in his great Clemency and Tenderness to his People and that Justice only looked forward in these Executions yet we will give Instances wherein this King did not imitate his good and gracious Brother in his great Clemency and Tenderness to his People Alderman Cornish tho he had committed two horrible Crimes in the Reign of King Charles one in presuming to examine Fitz-Harris while he was a Prisoner in Newgate before he was hurried from thence to the Tower to prevent his further Examination the other that he testified at Fitz-Harris's Trial that King Charles told Mr. Cornish that the King did countenance Fitz-Harris in his Design and had given him Money yet King Charles was so good and gracious as not to take away Mr. Cornish's Life But the offended Ghosts of Coleman Ireland Harcourt c. were no ways appeased by the Blood which flowed from the Stripes of Oates's Sentence nothing less than a Sacrifice of humane Blood must be offered to them and this to be performed by affixing Sacred Justice to it Upon Tuesday the of October Mr. Cornish having no dread of any Accusation upon him for any Crime but freely following his Profession was clapt up close Prisoner in Newgate without use of Pen Ink or Paper till Saturday Noon when he had notice of an Indictment of High Treason against him on Monday following and could get no Friend to come to him till 8 a clock at Night Next Day Mr. Cornish's Children petitioned the King to have his Trial put off which was referred to the Judges who you may be assured had their Instructions who denied it tho he knew not whether his Trial were for Treason against this or the late King and his most material Witness was above 140 Miles off and was also denied a Copy of the Pannel of his Jury The Charge of High Treason against him was That in the Year 1682 he had promised to be assisting to James late Duke of Monmouth William Russel Esquire and Sir Thomas Armstrong in their Treasons against King Charles II. The only Witness to prove this was Colonel Rumsey who swore That about the latter end of October or beginning of November at Mr. Sheppard's House Ferguson told Mr. Cornish that he had read a Paper to the Duke of Monmouth Lord Russel Lord Grey and Sir Thomas Armstrong which they desired should be read to Mr. Cornish that Mr. Sheppard held the Candle while it was reading and afterward they asked him how he liked it who said he liked it very well He remembred two Points in it very well one was for Liberty of Conscience the other was That all who would assist in that Insurrection who had had Kings Lands or Church Lands should have them restored to them Rumsey did not hear all the Paper but observed only these two Points it was a Declaration on a Rising and when the Rising was to have been it was to have been dispersed abroad there was a Rising intended at that time and Mr. Cornish said He liked the Declaration and what poor Interest he had he would join in it Rumsey had sworn at my Lord Russel's Trial that Mr. Cornish was not at the Reading or the Declaration by Ferguson and being tax'd for it in this said it was out of Compassion to the Prisoner and Mr. Sheppard who was subpoena'd for the King testified Mr. Cornish was not there Richard Goodenough was the other Witness which was about Words foreign to Rumsey's Testimony about seizing the Tower and a Rising in the City which if what Goodenough said had been true yet Mr. Cornish could not have been found Guilty of Treason for tho by the first Act of Parliament after the Convention of King Charles II. Words were made Treason against the King during his Life yet were they to be prosecuted within six Months and the Person to be indicted in three Months after whereas these Words were pretended to be spoken in Easter Term in 1683 which was two Years and a half before Add hereto the Words were imperfectly said by Goodenough and might be applicable to a pretended Riot wherein Mr. Cornish was concerned and that Goodenough was upon ill Terms with Mr. Cornish because he would not trust Goodenough to be his Under-Sheriff You may read the Trial at large with Mr. Hawles his fine and learned Remarks upon it and how rudely Mr. Cornish and his Witnesses were used at his Trial and how notwithstanding his Quality after Conviction he was tied as if he had been a boisterous and dangerous Rogue and that by Order and executed with the utmost Rigour of the Law for this far-fetch'd and ill-proved Treason But these Tories shall soon see they labour for others not for themselves and these whom they now persecute shall have the Ascendant over them And I observed this of Sir Thomas Jones who was Chief Justice of the Common-Pleas and most active in this Trial that he was one of the first if not the first who was turned out of his Place for giving his Opinion the King could not dispense with the Test and Penal Laws The Design thus deep stained in humane Blood first budded in Ireland but whether it was in Affirmance of the King's Promise to his Privy Council and after repeated by him in Parliament that he would make it his Endeavour to preserve the Church and State of England as by Law established let any Man who reads the following Story judg The Book stiled the State of the Protestants in Ireland said to be written by Bishop King fol. 58. says That King James was no sooner settled in his Throne but he began to turn out some Officers who had been most zealous for his Service and had best deserved of him meerly because they had been counted firm to the Protestant Religion and the English Interest such as my Lord Shannon Captain Robert Fitz-Gerald Captain Richard Coote Sir Oliver St. George and put in their places Kerney one of the Russians designed to murder Charles II. Anderson a mean Fellow Sheldon a profest Papist and one Graham and fol. 59. saith the Duke of Ormond was sent for abruptly and divested of the Government and immediately the modelling of the Army was put into the Hands of Colonel Richard Talbot a Man of all others most hated by the Protestants and who had been named by Mr. Oates in his Narrative for this very Employment so that many who believed nothing of the Plot before gave Credit to
intend to make Lord-Lieutenant in Ireland an independent Commission to reform the Army in Ireland and to take the Troopers Horses Pistols Swords and Boots and the Arms and Clothing of the Foot which they had bought and paid for without paying for them I then told you I would endeavour to preserve the Church and State of England as established by Law but now I tell you that I have employed some Officers in the Army not qualified according to the late Tests and will deal plainly with you I will neither expose them to Disgrace nor my self to the want of them The Militia is not sufficient for my Occasions nothing but a good Force of disciplin'd Troops in constant Pay will do it and to that purpose I think it necessary to encrease the Number to the proportion I have done viz. double for which I ask your Assistance in giving me a Supply answerable to the Expence it brings along with it Tho I have disbanded the Army in Ireland which were as true Passive-Obedience-Men as could be got for Love or Money yet were they not fit for my Occasions and tho I have encreased my Army in England to such a Proportion as you now see and officer'd with such Officers as are not qualified by the late Tests yet they are not fit for my Occasions and for which I ask your Assistance in giving me a Supply answerable to the Expence it brings along with it yet let no Man be so wicked as to hope this may put a Difference between you and me but consider what Advantages have arisen to us in a few Months by the good Understanding we have hitherto had and the wonderful Effects it hath already had Now let 's see what Influence this King's Speech had upon the Members The Lords hand over head ordered Thanks to the King for his good and gracious Speech but it did not pass so hastily with the Commons but they debated it Paragraph by Paragraph and because the Militia had not been so forward as the King would have them they voted that they would take into their Consideration how to make it more useful in time to come in case such dangerous Attempts should be made as in Monmouth's Rebellion and upon the 16th of November made this Address to the King Most Gracious Sovereign WE Your Majesty's most Loyal and Faithful Subjects the Commons in Parliament Assembled do in the first place as in Duty bound return Your Majesty most humble and hearty Thanks for your great Care and Conduct in the Suppression of the late Rebellion which threatned the Overthrow of this Government both of Church and State and the uttter Extirpation of our Religion as by Law established which is most dear to Vs and which Your Majesty has been graciously pleased to give Vs repeated Assurances You will always Defend and Support which with all grateful Hearts we shall ever acknowledg We further crave leave to acquaint Your Majesty that we have with all Duty and Readiness taken into our Consideration Your Majesty's gracious Speech to Vs and as to that part of it relating to the Officers in the Army not qualified for their Imployments according to an Act of Parliament made in the 25th Year of the Reign of Your Majesty's Royal Brother of Blessed Memory Intitled An for preventing Dangers which may happen from Popish Recusants We do out of Our bounden Duty humbly represent unto Your Majesty that these Officers by Law be uncapable of their Imployment and that the dangers they bring upon themselves thereby can no ways be taken off but by Act of Parliament Therefore out of the great Deference and Duty we owe unto Your Majesty who has been so graciously pleased to take notice of their Services to you we are preparing a Bill to pass both Houses for Your Royal Assent to Indemnify them from the Penalty they have now incurred and because the continuance of them in their Imployments may be taken to be a Dispensing Power with that Law without Act of Parliament the Consequence of which is of the greatest Concernment to the Rights of all your Majesty's Dutiful and Loyal Subjects and to all the Laws made for security of their Religion We therefore the Knights Citizens and Burgesses of your Majesty's House of Commons do most humbly beseech Your Majesty that You would be graciously pleased to give such Directions therein that no Apprehension or Jealousies may remain in the Hearts of Your Majesty's Good and Faithful Subjects This Address was like the shutting the Stable-door when the Steed was stoln these Commons had no such Apprehensions when they heaped such an exorbitant Revenue upon the King to enable him to maintain an Army of 40000 Men to ride them and the Nation when he pleased and now they see the King drives a Way which tends to the Nations as well as their Destructions they tell the King such Ways may give Apprehensions and Jealousies in the Hearts of His Majesty's good and faithful Subjects Did not the Commons in all the four Parliaments in King Charles the 2d's Reign declare what would be the Consequences of the Duke of York's coming to the Crown and did the Duke's Actions while he was Regent in Scotland any ways alleviate those Parliaments Fears Could this Parliament as 't was called now they were got together again and saw Colonel Talbot with an independent Commission from the Lord Lieutenant so barbarously disbanding the Army in Ireland because guilty only of being Protestants yet believe the King would admit of no Papists in his Army in England Could they believe that once professing of the King who was a Jesuited Papist that he would maintain the Church and State as by Law established would wash out all the Jesuit Principles which had taken such deep root in him that no Faith is to be kept with Hereticks which the King esteemed these who had prostituted him with such a vast Revenue and all the Nation besides who were not of his Faction to be but that by Fire Faggot and all other such means they were to be rooted out and grow no more upon the Face of the Earth The Bishops retained fresh in memory during the Reign of King Charles the 2d the Indignities the Factions in the late times had shewed to their Persons and Revenues so that they were not only opposite to the Commons in passing the Bills which the Commons had prepared for uniting the King's Protestant Subjects when they perceived the Danger the Nation was in by the Popish Designs but stifly opposed the passing The Bill of Exclusion against the Succession of the Duke of York and all along King Charles his Reign countenanced the Doctrine of Passive Obedience as thinking themselves and their Order most secure under it but herein their Politicks failed them For now the Bishops perceived a more terrible Storm coming upon them by a Faction who never shewed Mercy to any opposite to them whenever it came in their Power and the
of Indulgence was an unlawful Act and that if they had submitted to the King's Will to have enjoined it to have been read in all Churches and Chappels of their respective Diocesses it had been an unlawful Act which was one Reason they could not comply with the King's Will and that this Declaration was not intended a Favour to the Protestant Dissenters but a Design to ruin the established Religion and Church of England and the enjoining the Bishops to have read was a Design upon their Persons as well as the Declaration was upon the Church and that the King professed himself to be of the Popish Religion which they believed and declared to be Idolatry in the worshipping Images and derogatory to God's Honour by Invocation of Saints whereby they grant to Creatures an Omniscience which is inseparable from God and only to be ascribed to him and that the King had owned the Papal Power which not only claims a Dominion over all Kings and Kingdoms to be at the Pope's disposal and who had declared the Church of England to be Heretical Schismatical and Sacrilegious Persons with whom no Faith is to be kept but had assumed a Power equal or superiour to God himself in dispensing with God's Laws and setting its own above them by sending his Ambassador to the Pope and receiving his Nuncio With what Conscience then could the Bishops approach God's Altars in their highest Acts of Devotion and in the Prayer for the Parliament declare to God that he is their most religious King and in the Litany to pray to God to keep and strengthen the King in the Worship of God or Religion which the King profest And how could they delare to God he is their most gracious Sovereign when he had imprisoned them for not submitting to his unlawful Will and had owned a Power which had declared them Hereticks Schismaticks and Sacrilegious Persons who were by all ways and means to be extirpated from the Face of the Earth Yet the Bishops by their Canonical Obedience were as much obliged hereto and to enjoin the Clergy in their respective Diocesses to offer these Praises to God as they were not to obey the King's Will by enjoining the King's Declaration of Indulgence to be read by all the Clergy in their Diocesses To this Dilemma had the flattering Church and State in King Charles the II's Reign tho intending it against the Presbyterians by their Act of Vniformity brought the Church and State too in the Reign of King James But lest this establishing of Popery should have no longer support than in the King's Life a new Miracle is to be added to the Legend for the next day after the Bishops were committed to the Tower the Queen was brought to Bed of a Prince of Wales so that now they had got a Prince of Wales and the Queen received the Consecrated Clouts and the Pope by his Nuncio is become God-father a Foundation so infallible is laid for exalting the Papal Chair and extirpating the Pestilent Northern Heresy that it's Heresy to doubt it But Man purposes and God disposes and in truth without God's special Assistance not only these Dominions of England Scotland and Ireland but all the Western Parts of Europe were not to be retrieved out of I may say even a desperate State for in England the King had a standing Army of above 20000 Men and the Whigs were but too forward to congratulate the King in his Designs and in humouring him in giving him up their Charters as the Tories in King Charles his Reign in their Abhorrences of the King 's calling a Parliament and as forward then as the Whigs now in surrendring their Charters The Protestant Army in Ireland not only disbanded by Tyrconnel and a Popish Army set up but the Protestants disarmed and Scotland so perfectly subdued that there the King 's Absolute Will without reserve must pass for Law The King of Spain so weak as not able to defend himself much less relieve others the Empire engaged in a War against the Turks in the East so as the Western Parts were in no Condition to repel the Impression the French should make upon it The Kingdoms of Sweden and Denmark remote and at such natural Enmity with one another that if one should side with France or England the other would engage against it and tho Holland were considerable elsewhere at Sea yet their Strength at Sea was inferiour to the English but much more in Conjunction of the French with the English However something must be done for Modesty in this State had been the highest Crime and of all Foreign Princes the Prince of Orange was most immediately concerned not only in the Oppression of the French King upon his Principality of Orange and the Dangers which threatned the Vnited Provinces by the swelling Grandeur of the French but by the King 's Arbitrary Proceedings in England for the Princess was the Presumptive Heir to the Crown of England and Scotland And since it is the Laws and Constitutions which erect these Nations into Kingdoms whereof the King is the Head then if the King destroys the Laws and Constitutions he is neither King nor the Princess of Orange Presumptive Heir to them besides since the King had assumed a Power of Dispensing with the Laws he might as well in Dispensing with the Succession and the Prince was well assured neither those about the King nor the Pope would much favour his or his Lady's Title to the Crown nor was the introducing the Prince of Wales into the World intended to have either the Prince or Princess come to the Crown of England The Prince of Orange thus injured by both these Kings and being denied the Benefit of any Humane Laws for redress has recourse to God and his Sword for relief and opposes the Justice of his Cause against the Potency of his Adversaries Nor does he take up his Sword to vindicate his own Rights only but for restoring the Kingdoms of England Scotland and Ireland to their antient Rights Laws and Privileges invaded by King James and to put a stop to the French King 's boundless Ambition and Tyranny in Murdering Ravaging and Destroying rather than making a War upon all his neighbouring Princes not dispossest and ruined by him A Design so great by so little a Prince as no less than a Divine Power could inspire him to such an Undertaking The Prince these two last years had several Conferences with the Electors of Brandenburg Saxony and the Princes of the House of Lunenburg and other Princes of Germany it 's believed in concerting Measures how to behave themselves against the Designs of these two Kings but the Results were so secret that I find no mention of them But how secret soever these Results were yet the Preparations to put them in Execution could be no Secret especially the Naval Preparations by Sea though the Dutch Ambassador assured the King they were not intended against him yet refused to communicate
the Design At this time there was not only a high Ferment in all the Nation against the King's Proceedings but in the Army against its mixture with Irish Officers and Soldiers which put the King into a great Agony which was increased by the Dutch Preparation Whereupon the Marquess d' Albeville the King's Envoy at the Hague upon the 2d of Sept. N. S. 23d of Aug. O. S. put in this Memorial to the States General High and Mighty Lords THE great and surprizing Preparations for War made by your Lordships by Sea and Land in a Season when all Action especially by Sea is laid aside giving just Cause of Surprize and Alarm to all Europe obliges the King my Master who has had nothing so much in his Mind since his Accession to the Crown as a Continuation of the Peace and Correspondence with this State to order the Marquess d' Albeville his Envoy Extraordinary to know your Highnesses Intentions thereby His Majesty as your antient Ally and Confederate believes it just to demand this Knowledg which he hoped with good Reason to have heard from your Ambassador but as he sees this Duty of Alliance and Confederation neglected and that such Power is raising without communicating the Intent in the least to him he finds himself obliged to reinforce his Fleet and to put himself in a Condition to maintain the Peace of Christendom The States paused upon an Answer to this Memorial when upon the 9th of September N. S. or the 30th of Aug. O. S. Monsieur d' Avaux the French Ambassador put in a Memorial to the States wherein he foolishly discovers the Contrivances which had been so long hatching between his Master and King James for after a long Story of his Master's Desire of maintaining the Peace of Europe now he had actually broke it he impertinently tells the States All these Circumstances and many others that I may not here produce perswade the King my Master with reason that this Arming threatens England Wherefore His Majesty hath commanded me to declare to the States on his Part that the Bonds of Friendship and Alliance between him and the King of Great Britain will oblige him the French King not only to assist him the King of Great Britain but also to look on the first Act of Hostility that shall be committed by your Troops and your Fleet against his Majesty of Great Britain as a manifest Rupture of the Peace and a Breach with his Crown Though the Dutch made no Answer to this Memorial yet they made no Bones to make this Answer to the Marquess d' Albeville's That they had armed in Imitation of his Britannick Majesty and other Princes and that they had thereby given no just Cause of Offence by arming when all other Princes were in Motion and that they were long since convinced of the Alliance which the King his Master had treated with France and what had been mentioned to them by Monsieur le Count d' Avaux in his Memorial This Answer King James took all one as if the Dutch had declared War against him and all the Eyes of England are now turned toward Holland as if from thence they expected Deliverance from the Designs of King James and his Popish Crew and the Fathers and Sons too of the Church of England are at as much Variance in their private and publick Prayers to God as Whig and Tory were in their Humours for in their private Prayers they pray for Prosperity to the Prince of Orange and in the Liturgy they pray that God would be King James's Defender and Keeper giving him Victory over all his Enemies God was pleased to prefer the private Prayers of the Church-men before those of the Church and to have granted both had been impossible and to put a hook into the French King's Nose who turned those Forces which he had raised not for the Peace and Tranquillity of Europe as d' Avaux said in his Memorial to the Dutch States upon the Empire where without any Declaration of War or Cause alledged he first fell upon Philipsburg which he took and after Heydelberg and Mainheim and while he was thus engaged he left the Prince of Orange free to vindicate his Cause against King James whereas if the French King had turned those Forces which he employed against the Empire upon the Spanish Netherlands and he might as justly have done this as that the Prince of Orange would have had little Force and less Leasure to have made any Attempt upon King James Thus God is pleased often to turn the Wisdom of the Crafty I will not say Wise into Folly and Destruction You have heard before how the French King in the beginning of the Year had sent out a Fleet to Canada whereupon the Company of Hudsons-Bay represented to the King their Apprehensions it was a Design upon their Factories and Plantations and so it succeeded for the French seized upon a Fort and Plantation of theirs called Fort Charles Towards the latter end of the Summer the King without the Knowledg of Hudsons-Bay Company entred into a Treaty of Commerce with his Brother of France in reference to the Trade of Canada wherein it was concluded that the Forts and Factories should be reciprocally enjoyed in the same state they were at the Conclusion of this Treaty the French having taken the Fort and Factory of Charles about three Months before So little did this King regard the Safety and Welfare of his Subjects wherein his Majesty and Honour was founded for to pleasure and endear his Brother of France from whom he expected mighty things for the Advancement of his Prerogative without reserve in England Scotland and Ireland Thus have I brought down the History of this King's Reign to the History of the Desertion where at large and particularly you may read how by a Wonder equal to King Charles his Coming in King James went out And if no human Prospect could have foreseen where the Tyranny of King Charles the I's Reign would have ended if the Long Parliament in 1640 had not put a full Stop to it so no uninterested Person was so purblind as not to see if the Heroick Magnanimity of this King in his Queen's his own and the Nation 's Right and for the common Safety of Christendom had not put a Stop to King James his Designs but the Popish Superstition and French Tyranny would have been imposed upon these Kingdoms and have overspread Christendom We admit these four Kings of the Scotish Race had an Hereditary Title to have governed England by the Laws and Constitutions of it yet no Hereditary King hath any higher Title nor any Man a Right to do Wrong and for an Hereditary King to govern otherways is a greater Tyranny than if an Usurper does by how much he adds Perfidiousness and Breach of his Trust to it Yet so it was that these four last Kings of the Scotish Race which should have been the Guardians of England in preserving the
before him but by his Copartner Licinius in War and the Christians if they had been all of one piece were not sufficient to support the Empire against the far more numerous Gentiles and Jews Add hereto that in the Rage of the late Persecution under Dioclesian Maximinian Maximin and Maxentius the Christians were so sore persecuted that excepting their Faith and Piety for Christianity they were unfit for any Civil or Military Imployment but so far were the Christians from being of one Piece that they were rent into the Sects and Factions of Marcionists Montanists Novatians Donatists and Sabellians and in the 10th Year of Constantine Arius broacht his blasphemous Opinion of our Saviour's not being God from all Eternity being the Year of Christ 316. We do not read that the Romans before the Empire became Christian ever made War upon any Nation upon the Account of Religion and though there were many Sects among them of different Opinions concerning their Gods and their Attributes and of God's Prescience Fate and the Liberty and Necessity of Human Actions yet the different Sects never went farther than Brawls and endless Contentions with one another they never upon that Account made any Schism or Separation from the publick Worship and Service of their Gods prescribed by the Laws of the Empire And as among the Gentiles so among the Jews tho the Opinions of the Pharisees Sadduces and Esseans were as wild and extravagant as those of the Heathens yet these were never esteemed by them to be Acts of Jewish Religion nor upon that Account did they dispense or separate themselves from the publick Worship and Service of God prescribed by Law Whereas the different Sects of the Christians not only baptized their fond and wicked Opinions many of which were the same with those of the Gentiles by the Name of Religion but took occasion from thence to separate and disjoin themselves from the Communion or publick Worship and Service of God prescribed by publick Authority So as Constantine had a very difficult Task to govern the Empire in this distracted State not only of the Gentiles but of the Christians But since Religion is the highest Act of Piety Devotion and Gratitude which Man can return to God for his having preferred Man in his Creation and Generation above all other Creatures in giving him not only Dominion over them but much more by enduing Man with an intellectual and reasonable Soul capable of eternal Happiness and since Religion is not only mistaken in the Name and Exercise but made at this time as much a Stalking-horse to cover Mens Pride and fantastical Opinions as it was in Constantine's time and since to the Scandal of Christianity I hope the Reader will not lose his Time in understanding the difference between Christian Faith and Christian Religion and herein what is to be ascribed to God and what is the Duty of Man Christian Faith is a firm Belief and Reliance upon God's Promise revealed in the Old and New Testament to the end that Man by his Faith and Obedience to the Precepts which God requires of him herein may be made capable of Eternal Happiness from which he was faln by the Disobedience of our first Parents so as Christian Faith is the Effect of God's meer Grace and Favour to Man wherein Man is only passive in believing in God thus revealing himself and submitting to the Precepts which God requires in the Scriptures Christian Faith does not absolve Man from any of the Moral Duties which God requires of him by the Law of Nature but more strictly obliges Man to them not only in his Speech and Actions but forbids all Immoral Thoughts and Intentions so that Christian Faith is so far from being incompatiable with humane Peace and Society in this World that Man is more obliged hereto by it than by the Law of Nature Christian Religion is a conjoining of two or more in honouring and praising God for the publick Blessings they enjoy by God's Favour both as being by his Grace and Goodness received into the Communion of Christ's Congregation as also being protected in their Lives and Fortunes in their several Societies and Governments So that Christian Religion is the Act of the Will of Man in conformity to Christian Faith and Christian Faith and Religion differ as Man's Understanding and Reason God made Man without any Act of Man's Will an intellectual Creature to inform all his future Intentions Speech and Actions and it is the Will of Man to intend speak and act reasonably or conformable to his Understanding So that tho Christian Faith be the same in all Countries and Places yet Christian Religion must necessarily be different in different Countries and Places as God in his Providence is pleased to govern the World in them Thus the Children of Israel were obliged to join together in celebrating God's Honour and Praises for his Deliverance of them out of their Egyptian Bondage and for his immediate Government of them and prescribing them Laws for the Support of this Government and for God's revealing himself to them in the Old Testament which other Nations to whom God had not thus revealed himself and thus governed could not do So all Christian Countries and Kingdoms are as well obliged to join together in honouring and praising God for the publick Benefits they receive in being protected in every Government in their Lives and Fortunes in this World as well as in being received by God's special Grace and Favour into the Communion of Christ's Congregation But God's Providence in governing the World being after different manners in divers Places so must the Religion or the manner of celebrating God's Praises be differing in them In England we are obliged to honour and praise God that we enjoy God's Blessings by Laws peculiar to this Nation and by being delivered from the Popish Conspiracy in 1605 c. but other Nations which do not partake with us herein cannot join herein with us nor we with them Religion or the conjoining of Men in honouring and praising God for the publick Benefits they equally receive from God is the highest Duty incumbent upon Man for tho God by a peculiar Providence foresees and provides for all Men in several manners it may be not for two alike in all the World and also for these in daily Varieties yet Men are secured in these particular Blessings by the publick Laws and Governments of the different Places wherein they inhabit Christian Religion being a conjoining of many in celebrating God's Praises and in Prayers for God's continuing his Mercies and Blessings these Praises and Prayers are supposed to be uniform and foreknown that all who meet may join with one Voice and Mind in them and therefore S. Paul 1 Tim. 2. 1 2 3 4 5. exhorts Timothy that first of all as for the highest Duty of Christians Supplications Prayers Intercessions and giving of Thanks be made for all Men especially for Kings and all in Authority under
away the Merchants Ships so that they may not easily catch and light upon the West-India Fleet. A Jesuit and nine Priests were taken with this and many other Papers which were delivered to Sir John Cook Secretary of State the Jesuit was condemn'd but reprieved by the King because Sir John Cook said The King delighted not in Blood and afterward the nine Priests were released by special Warrant from the King and the King in his Reasons for dissolving the Parliament makes the House of Commons Enquiry into this Business to be an exorbitant Encroachment and Usurpation such as was never before attempted by that House By this you may see the Religious care this pious Prince had for the Church of England and how much he regarded the Laws of England or minded the Support of the poor Protestants in France or the Re-establishment of his brother-in-Brother-in-law in the Palatinate Thus stood things when the Parliament met the 17th of March when the King as Men in a deep Lethargy no ways sensible of their Pain or the dangerous State they are in not considering the dangerous State he was in both abroad and at home Abroad in that he had made War upon the King of Spain without any Declaration of War and that against his Father's Advice and of his Council and upon the King of France wherein himself and his Favourite Buckingham were the Aggressors at Home by his unheard of Invasions upon the Fortunes and Liberties of his Subjects never before done by any King of England in the short Interval of these two Parliaments scarce being 9 Months upon the Opening of the Parliament far unlike his Father in the last Parliament of his Reign when his Case was not near so dangerous as this King's tho their Necessities were equal to get Money by Parliaments when they could get it no other Way begins his Speech My Lords and Gentlemen THese Times are for Action wherefore for Example sake I mean not to spend much Time in Words expecting accordingly that your as I hope good Resolutions will be speedy not spending Time unnecessarily or that I may say dangerously for tedious Consultations at this Conjuncture of Time are as hurtful as ill Resolutions I am sure you now expect from me both to know the Cause of your meeting and what to resolve on yet I think there is none here but knows that common Danger is the Cause of this Parliament and that Supply at this time is the chief End of it so that I need but point to you what to do All this but of Supply is Mysterious and General and had need of an Interpreter The King goes on and says I will use but few Perswasions for if to maintain your own Advices and as the Case now stands for the following thereof the true Religion Laws and Liberties of this State never so violated by any King of England before him and the just Defence of our true Friends and Allies be not sufficient then no Eloquence of Men or Angels will prevail What Parliament or any other Council but that of Buckingham advised him to make War either upon the King of Spain or France search all the Records of the Journals of Parliament of 21 Jac. and Rushworth Franklin and Bishop of Litchfield and see if in any one of them there be one Sentence of making War against the King of Spain but only to break off the Treaty with the Spanish Match and for the Palatinate But admit the Parliament had upon the Misinformation of the King and Duke advised the King to have made War upon the King of Spain yet since the Earl of Bristol so shamefully blasted the whole Story not a Year since in open Parliament without any Reply How was this Parliament obliged to have made good what that had done And since the King dissolved the last Parliament rather than the Duke should be brought to Trial upon the Earl's Charge which was a Failure of Justice sure it had been more to the King's Honour not to have mention'd this to the Parliament than that what he had done was by their Advice Did this Parliament or any other ever advise him to put the Fleet under the Command of Vice-Admiral Pennington into the French King's Power to subdue the poor Rochellers who never did him any wrong to the Ruin of the Reformed Interest in France and to be the Foundation of the French Grandeur by Sea and then on the contrary make War upon the French King when he was the Aggressor Did ever this or any other Parliament advise him to take his Subjects Goods by force without and against Law and imprison their Persons by his Absolute Will and Pleasure denying them the Benefit of their Corpus's the Birth-right of the Subject and to continue them Prisoners during his Will without allowing them a Trial by the Laws whether they were guilty of any Crime or not Or to execute Martial Law impose new Oaths and give Free-Quarter to Soldiers in his own Kingdom in time of Peace However the King goes on and says Only let me remember you that my Duty most of all and every one of yours according to his Degree is to seek the Maintenance of the Church and Commonwealth and certainly there never was a time in which this Duty was more necessarily required than now Was the Discharge of the Pack of Jesuits conspiring the Ruin of Church and State with Impunity for the Maintenance of the Church and Commonwealth Or was the Commission which the King granted the next Day after the Writs for the Assembling the Parliament to raise Monies by Imposition in the nature of Excise to be levied throughout the Nation for the Maintenance of the Church and State And at the same time to order my Lord Treasurer to pay 30000 l. to Philip Burlemac a Dutch Merchant in London to be by him returned into the Low-Countries by Bill of Exchange to Sir William Balfour and John Dalbier for the raising of 1000 Horse with Arms both for Horse and Foot for the Maintenance of the Church and Commonwealth of England And also to call a Council for levying Ship-Money now he had by his own Will taken the Customs without any Grant of Parliament for the Maintenance of the Church and State I therefore judging a Parliament to be the antient speediest and best way in this time of Common Danger to give such Supply as to secure our selves and save our Friends from imminent Ruin have called you together Every Man must do according to his Conscience wherefore if you as God forbid should not do your Duties in contributing what the State at this time needs I must in Discharge of my Conscience use those other means which God has put into my hands to save that which the Follies of particular Men may otherwise hazard to lose It 's certain a Parliament is the best way in time of Common Danger to give Supplies and secure the Nation from imminent Ruin the Nation being most
may be drawn into the Body of a Remonstrance and therein humbly exprest with a Prayer to his Majesty for the Safety of himself and for the Safety of the Kingdom and for the Safety of Religion that he would be pleased to give the House time to make perfect Inquisitions thereof or to take it into his own Wisdom and there give them such timely Reformation as the necessity of the Cause and his Justice does import Sir Edward Coke seconded Sir John Elliot 's Motion and propounded that a humble Remonstrance be presented to the King touching the Dangers and Means of the Safety of the King and Kingdom which was agreed to by the House and thereupon the House turned themselves into a grand Committee and the Committee for the Bill of Subsidies was ordered to expedite the said Remonstrance But this King rather than hear of what he had done did not care what he did and therefore the Speaker brought a Message from the King That his Majesty having upon the Petition exhibited by both Houses given an Answer so full of Justice and Grace for which we and our Posterity have just cause to bless his Majesty it is now time to draw to a Conclusion of the Session and therefore his Majesty thinks fit to let them know That he does resolve to abide by that Answer without further Change or Alteration and so he will Royally and Really perform unto them what he had thereby promised And further That he resolves to end this Session upon Wednesday the 11th of this Month and that this House should seriously attend those Businesses which may bring the Session to a happy Conclusion without entertaining new Matters and so to husband the time that his Majesty may with more Comfort bring them speedily together again at which time if there be any further Grievances not contained or expressed in the Petition they may be more maturely considered than the time will now permit But this did not disturb the Commons but they proceeded in their Declaration against Dr Manwaring and the same day presented it to the Lords at a Conference which was managed by Mr. Pym. The Commons impeached the Doctor upon these three Points in his Sermons of Allegiance and Religion 1. That he affirmed that the King is not bound to keep and observe the good Laws and Customs of this Realm concerning the Rights and Liberties of the Subjects and that his Royal Will and Command in imposing Loans Taxes and other Aids upon his People without common Consent in Parliament does so far bind the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of Eternal Damnation 2. That those of his Majesty's Subjects that refused the Loan did therein offend against the Law of God and against his Majesty's Supream Authority and by so doing became guilty of Impiety Disloyalty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several Parts of his Book does most falsly and maliciously lay upon them 3. That the Authority of Parliament is not necessary for the raising of Aids and Subsidies that the slow Proceedings of such Assemblies are not fit to supply the urgent Necessities of State but rather apt to produce sundry Impediments to the just Design of Princes and to give them occasion of Displeasure and Discontent Whereupon the Commons demanded Judgment against the Doctor not accounting his Submission with Tears and Grief a Satisfaction for the Offence charged upon him and the Lords gave this Sentence 1. That he should be imprisoned during the Pleasure of the House 2. That he should be fined 1000 l. to the King 3. That he should make such Submission and Acknowledgment of his Offences as shall be set down by a Committee in Writing both at this Bar and the House of Commons 4. That he shall be suspended for the Term of three Years from the Exercise of the Ministry and in the mean time a sufficient preaching Minister shall be provided to serve the Cure out of his Livings this Suspension and Provision to be done by the Ecclesiastical Jurisdiction 5. That he shall be disabled hereafter to have any Ecclesiastical Dignity or Secular Office 6. That he shall be disabled hereafter ever to preach at Court 7. That his Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be burnt accordingly in London both the Vniversities and for the inhibiting the printing thereof upon a great Penalty This Censure immediately succeeding Sir Elliot's Representation of Grievances startled Laud as much as Sir John's Representation did the Duke of Buckingham and the King that he might not hear of any more Business of this kind upon the 5th of June commanded the Speaker to let the House know that he will certainly hold to the day fixed for ending the Session viz. the 11th and therefore requires them that they enter not into nor proceed in any new Business which may spend greater time or which may lay any Scandal or Aspersion upon the State-Government or the Ministers thereof This put the House into a fearful Consternation whereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and ordered the House to be turned into a Committee to consider what was to be done for the Safety of the Kingdom and that no Man go out of the House upon pain of being committed to the Tower But before the Speaker left the Chair he desired leave to go forth which the House granted Then Sir Edward Coke spake freely We have dealt with that Duty and Moderation that never was the like Rebus sic stantibus after such a Violation upon the Liberties of the Subjects let us take this to Heart In 30 Edw. 3. were they then in any doubt to name Men that mislead the King They accused John of Gaunt the King's Son the Lords Latimer and Nevilâ—or â—or misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our Tongues How shall we answer our Duty to God and Men 7 Hen. 4. Parl. Rot. 31 32. 11 Hen. 4. Numb 13. there the Council are complained of and removed from the King they mewed up the King and disswaded him from the common Good and why are we turned from that way we were in Why may not we name those that are the Cause of all our Evils In the 4 H. 3. 21 E. 3. 13 R. 2. the Parliament moderated the King's Prerogative and nothing grows to Abuse but this House hath Power to treat thereof What shall we do Let us palliate no longer if we do God will not prosper us I think the Duke of Bucks is the Cause of all our Miseries and till the King be informed thereof we shall neither go out with
leaving a Horse alive still in hopes of the Relief promised from England they held out so long till but 4000 of 15000 were left alive most of them died of Famine and when they began to be pinch'd with Extremity of Hunger they died so fast that they usually carried their Coffins into the Church-yard and other Places and therein laid themselves and died great Numbers of them being unburied and many Corps eaten with Vermin Ravens and Birds when the French Army entred the Town The Outrages committed against the Reformed Churches in France were so high as constrained them to implore King Charles his Aid in these Expressions That what they wrote was with their Tears and Blood But how unhappy soever this Prince's Fate was in War abroad yet it had been happy for him if he had not made his Fate worse at home and now let us see what Steps he made towards it even in this short Recess of the Parliament's Meeting Upon the 15th of July the King made Sir Richard Weston who died a declared Papist Lord Treasurer of England and the same Day translated Laud the Firebrand of the Arminian Faction to the Bishoprick of London whose next Step was Arch-bishop of Canterbury who that he might testify his Zeal to this Cause which after set all these Nations on Fire got Richard Mountague to be consecrated Bishop of Chichester the 24th of August following This Mountague was fierce for Arminianism and wrote a Book call'd A new Gag for an old Goose for which he was questioned in the Parliament of 23 Jac. and the Cause was committed to Arch-bishop Abbot which then ended in an Admonition and though the Arch-bishop disallowed the Book and sought to suppress it yet it was reprinted and dedicated to King Charles under the Title of Appello Caesarem Hereupon the Commons 1 Car. questioned Mountague for this and gave Thanks to the Arch-bishop for what he had done but this displeased the King who took the Business out of the Commons Hands but they had taken Bond of Mountague to appear I desire to be more particular herein because Arminianism was not only turn'd up Trump for the flattering Clergy to play their Game but for the Popish Party to undermine the Church of England as it was established by Law and the Canons Doctrine and Homilies of it and now Mountague's Cause was recommended to the Duke of Buckingham by the Bishops of Rochester Oxford and Laud Bishop of St. Davids as the Cause of the Church of England Thus this Cause stood when the King dissolved the first Parliament the 12th of August 1625. But the King's Necessities as he managed Business forcing him to call another before assembled Laud procured the Duke to sound the King whether he would leave Mountague to a Trial in Parliament which the King intended to do whereupon this pious Man Laud said I seem to see a Cloud arising and threatning the Church of England God of his Mercy dissipate it Note that all those who were not of this Faction of Arminianism were stiled by them Puritans these Mountague treats with bitter Railing and injurious Speeches and inserts divers passages in his Appeal dishonourable to King James the Commons therefore prayed that the said Mountague might be exemplarily punished and his Books supprest and burnt Yet this is the Saint that Laud in the first Act of his Regency as it may be called after he became Bishop of London must have made Bishop of Chichester and after Bishop of Norwich But this is observable that while Neal and Laud were consecrating Mountague News came of the Duke's being stabb'd This was the first step after Laud's Preferment the next was a Pardon for Mountague and Manwaring of all Errors by speaking writing and printing and you cannot believe that Laud would be less kind to Manwaring than to Mountague and therefore notwithstanding Manwaring's Censure he procured Manwaring the fat Rectory of Stamford Rivers in Essex and a Dispensation to hold it with the Rectory of St. Giles in the Fields That you may see the Kindness of this Bishop of London to our Laws in the very Infancy of his Power When Felton was brought before the Lords of the Council for murdering the Duke Laud threatned Felton with the Rack unless he would confess his Inducement for murdering the Duke but the King then in Council refused till the Judges were consulted and said if it could be done by Law he would not use his Prerogative but though the Judges determined he could not be put to the Rack by Law the King was graciously pleased not to use his Prerogative yet this was no thanks to the Bishop of London Now let 's see the Fruits of the Petition of Right and the manifold-Declarations of the King for maintaining the Laws of the Land and the just Rights and Liberties of the Subject but here you may understand that though he had taken the Customs not granted by Parliament yet by virtue of his Prerogative Royal he had enhanced the Rates such as were never granted by any Parliament and declared it his absolute Will and Pleasure besides that of Wines that the 2 s. and 2 d. Duties upon every Hundred of Currants by the Book of Rates should be advanced to 5 s. and 6 d. in the Hundred The first that suffer'd under the King 's absolute Will and Pleasure was Mr. Chambers who was committed by the Lords of the Council this Michaelmass-Term and was bailed by the Court of King's-Bench for which the Judges were check'd having done it without due Respect to the Privy-Council Next Mr. Vassal's Goods were seized for not paying the 5 s. 6 d. upon every hundred pound Weight of Currants upon which the Attorney General Sir Robert Heath exhibited an Information against him in the Exchequer to which Mr. Vassal pleaded the Statute De Tallagio non concedendo and that this was neither Antiqua seu Recta Consuetudo to which the Attorney demurred and Mr. Vassal joined in the Demurrer but the Court would not hear Mr. Vassal's Counsel and said the King was in Possession and they would keep him so and imprisoned Mr. Vassal for not paying the Duty thus imposed About the same time the said Mr. Chambers's Goods were seized by the Customers for not paying such Customs as were demanded by the Farmers Mr. Chambers sues a Writ of Replevin the Barons grant an Injunction against it Mr. Chambers offers to give Security for Payment of such Duties as the Court should direct which the Court refused unless he should pay such Customs as demanded by the Farmers which Chambers refusing the Court ordered the Officers to detain double the Value of Chambers's Goods demanded by them The same Course was taken with Mr. Rolls's Goods though a Parliament-Man one of the Commissioners saying Privilege of Parliament extended only to Persons not Goods another more boldly told Mr. Rolls if all the Parliament were in you we would take your Goods These Proceedings so ill sorting with the Petition
so grave an Author as the Bishop of Litchfield had not reported it in the Bishop of Lincoln's Life See the second Part fol. 138. The Writs for Ship-Money are now issued out the Proceedings against the Officers for not collecting the Assessments as Constables Bayliffs and other Officers were to bind them over to answer at the Council-board and Commitment if any refused to give Bond but if Sheriffs neglect to collect all such Assessments in their Year they shall stand charged with the Arrears Thus things at present stood but the breaking the Bounds of the Forests was but in Embrio yet in a hopeful Production Thus things stood in the State about the end of the Year 1634. In the Church the Arch-Bishop had the sole Supremacy not only in England but in Scotland having got a Warrant from the King to hold Correspondence with the Bishops and also in Ireland being chosen Chancellor of the University of Dublin and having got Sir Thomas Wentworth to be Lieutenant of Ireland who was now as much his intimate Confident as Noy was before In England the Arch-bishop's Injunctions for wearing the Surplice receiving the Sacrament kneeling and placing the Communion-Table Altar-ways and railing it about c. were vehemently prosecuted with the opprobrious Names of Puritan and Schismatick fixed upon Nonconformists with Deprivations and Censures upon Lecturers and Chaplains who refused to come up to them if they did they must forsake their Patrons Patronesses and Flocks who provided them Bread so that they contended pro Aris Focis and otherways no Provision was made for them On the contrary they retorted on the Bishops and promoted Clergy with bitter Terms of Popishly affected and Rags of Superstition and Idolatry so that the Contentions all over the Kingdom were as fierce as in the Universities But it had been happy for this Nation if the Effects of these Contentions had been terminated in the Bounds of it For the Arch-bishop in his Metropolitan Visitation this Year 1634 summoned the Ministers of the Dutch and French Churches to appear before his Vicar-General where all the Natives viz. born in England were enjoined to repair to their several Parish-Churches to hear Divine Service and Sermons and perform all Duties and Payments required in that behalf The Descendants of those Walloons persecuted by Alva and of the French by Henry II. of France had for near ninety Years been allowed their several Congregations by Queen Elizabeth King James I and had the Royal Word of King Charles for enjoying of them But now at once they must be turn'd out of them When these Injunctions were to be put in Execution at Norwich the Dutch and French Congregations petitioned Dr. Matthew Wren that these Injunctions might not be imposed upon them but finding no Relief appealed to the Arch-bishop who return'd a sharp Answer that unless they would submit he would proceed against them according to the Laws and Canons Ecclesiastical Here take notice that as the Spanish Trade was the most enriching Trade to this Nation so the Trade to Hamburg and the Countries and Kingdoms within the Sound with our Woollen Mafactures was the best the English had for Employment of People Shipping and Navigation The Company which traded into the Sound was called the East-Country Company and Queen Elizabeth and after her King James to honour them called it the Royal Company This Trade the English enjoyed time out of mind and the Cloths which supplied it were principally made in Suffolk and Yorkshire And Ipswich as it was the finest Town in England and had the Noblest Harbour on the East and most convenient for the Trade of the Northern and Eastern Parts of the World so till this time it was in as flourishing a State as any other in England The Bishop of Norwich straining these Injunctions to the utmost frighted thousands of Families out of Norfolk and Suffolk into New-England and about 140 Families of the Workers of those Woollen Manufactures wherewith Hamburg and the Countries within the Sound were supplied went into Holland where the Dutch as wise as Queen Elizabeth was in entertaining the Walloons persecuted by the Duke of Alva established these English Excise-free and House-Rent free for seven Years and from these the Dutch became instructed in working these Manufactures which before they knew not The Consequence whereof shall be shewn hereafter But the Care of the Arch-bishop for Reformation of the Church of Scotland was not less than for that of England and to that end got the King to sign a Common-Prayer Book for the Use of the Church of Scotland and gave order to the Bishops there to compile certain Canons for the Government of the Church and there to be imposed by Regal and Episcopal Authority and to this end Laud held Correspondence with the Arch-bishop of Saint Andrews and other Bishops of Scotland Whilst these things were brewing in England and Scotland you need not fear Ireland now Sir Thomas Wentworth was Lieutenant there a most dreadful War overspread Germany and Philip the 4th a weak lascivious Prince reigned in Spain so as Richlieu had a fair Opportunity to subdue Monsieur the King's Brother and overthrow the Forces raised by the Duke of Momerancy to assist Monsieur wherein the Duke was unhappily taken Prisoner and had his Head cut off being a young Prince of greatest Hope the most antient of the French Nobility and the last of his Line But the Cardinal did not rest here but built more and better Men of War than had been before in France and Spain shall first find the Force of them in return of their Kindness in joining their Fleet with the French in relieving St. Martins in the Isle of Rhee besieged by the English And this Year 1634 Richlieu trickt Charles Duke of Lorain out of his Dutchy and the next the King of France proclaims open War against Spain by Sea and Land and in 1638 ten Years after the Spaniards joining with the French against the English the French besieged Fontaraby by Land which the Spaniards intending to relieve by Sea the Spanish Fleet is encountred by the French and beaten the French took eleven great Ships whereof six of them were richly laden for the Indies and burnt two Gallions upon the Stocks and six others entirely finished In the Ships taken besides their Equippage and other Ammunition of War the French took an incredible Number of Cannons 100 whereof were Brass with the Arms of the House of Austria upon them Afterward the French and Spanish Fleet fight in the Mediterranean Sea where the Spaniard is again beaten by the French and by Land the French take from the Spaniard Landrecy Beaumont and de la Valette in the Spanish Netherlands Perpignan the Key of Spain on the Foot of the Pyrenean Hills in the Country of Rousillion and Barcelona a good Port and the capital City of Catalonia In England this Year 1635 there was great Contrivance between the Arch-bishop Laud and Bishops of Scotland
the Sovereignty of the Sea adjoining their Coasts wherein no Nation before King James I. presumed to fish without Agreement or Leave first obtained from those Kings The first who presumed to fish in these Seas without such Licence or Agreement were the Dutch yet never disputed their Right to it before Grotius and he only that I can find disputed it The Dutch Fishery upon the Coasts of England and Scotland is the Foundation of all the Dutch Greatness at Sea and wherein they employ more Shipping and Mariners than the English do in all their foreign Trades with this further Advantage to the Dutch that they have all their Mariners at home or near home so that they are always ready upon all Occasions to serve the States and there being but little Difference of Climate are healthful and strong whereas the English in their long Voyages especially to the East and West-Indies are far from assisting the Nation in time of need and by the Diversities of Climates and eating over-salted Meats and drinking sowr Drinks causes such Sickness and Mortality amongst them that it 's a Question whether we lose more Sea-men or make more Mariners in them and those which survive are so feeble that a healthy Mariner will beat two of them The Rump therefore should have considered from what Cause the Dutch were enabled to carry on this Fishery in Foreign Trades exclusive to the English And first negatively That the Dutch were not enabled to do this from any Principals of their own for they had neither Timber to build Ships nor Pitch Tar Hemp or Flax or Iron for fitting them up nor Salt to cure their Fish their Ports from which they fished not half so good or a quarter so many as the English and the Coasts upon which they caught these Fish more convenient for the English than the Dutch and an Englishman of a stronger Constitution than a Dutch-man and tenfold more so that herein the English had all natural Advantages above the Dutch Now let 's see how the Dutch could do this The English tho there were tenfold more Men in England than in Holland could not employ one Man to ten which the Dutch employed in their Fisheries upon the Coasts of England and Scotland for these Reasons First the Dutch employed and gave Encouragement to all sorts of People in these Fisheries as well Foreigners as Natives whereas Foreigners fishing from the English Ports is denied by a Law in England nor are Foreigners only excluded herein but all the Ports of England being Corporations the Freemen in them make the rest of the Nation Foreigners to them so that the Fisheries upon the Coasts of England and Scotland between the English and Dutch are of a general Freedom in the Dutch Netherlands and the Freemen of the Ports of England who being few and generally Beggars have few Men and less Means to be Competitors with the Dutch in these Fisheries But the Rump not considering these Causes but restraining this Fishery only to English-men at least three Fourths English have made the English in no Capacity to be Competitors with the Dutch in the Foreign Trades of the Fish caught upon the Coasts of England and Scotland besides the Dutch had their Agents Factors and Correspondents in France Spain Portugal Italy and other Places for a Market for the Fish they caught whereas the Poverty of our Corporation-Men denied the English this Benefit The Rump in making the Act of Navigation did not consider that the Fish caught on the Coasts of England and Scotland cost nothing but the catching so that they who can catch them cheapest and cure them best are sure of a Foreign Market against them whose Charges are more and they ignorant in the Curing of them The Rump therefore restraining the English to fish in Ships 40 per Cent. dearer than the Dutch and 40 per Cent. dearer sailed and who knew not how to cure Herring and Cod-fish so well as the Dutch has eternally fixed the Fisheries in the Dutch exclusive to the English so long as the Act stands in force and how this has made good the Title of their Act For Encouragement of encreasing Shipping and Navigation let any Man not in the Temper the Rump was when they made this Act judg The Rump should have encountred the Dutch with their own Weapons and made all the Ports of England not only free to all English in these Fisheries but to Foreigners and made them free to import all sorts of Timber for building Vessels for these Fisheries as also for rough Hemp Flax Pitch and Tar for fitting up Vessels for these Fisheries so as we might have had the Materials as cheap as the Dutch and also have given Rewards and other Encouragements to Foreigners to instruct us how to build Vessels as cheap and convenient for the Fisheries as the Dutch and how to cure them and denied the Dutch the Benefit of drying their Nets in the Fisheries or to take in fresh Water or Provisions in their Fisheries as the Dutch do to the English in their Plantations in the East-Indies and have taken off the Imposts in England which the Dutch pay in Holland and then the Rump might have beaten the Dutch out of these Fisheries without fighting with them and made our Maritime Towns as great and flourishing as those in Holland But the Temper the Rump was then in would not admit of any of these Considerations and it 's admirable to me that all the Parliaments since have been of the Rump's Temper herein and never taken these things into Consideration tho the Coast-Towns of England are not only ruined by the Act of Navigation hereby and the Fisheries not only on the Coasts of England and Scotland but those to Iseland and Greenland ruin'd only by this Law without possibility of retrieving them so long as it stands in Force If the restraining the English in their Fisheries to English-built Ships and sail'd by three Fourths English be so pernicious to the English in our Fisheries the Reasons are the same in the Foreign Vent of our Native Commodities for obliging the English to vend the Manufactures of the Nation in these near double as dear built Ships and sailed by near double Men and permitting the Dutch to buy our Manufactures the Dutch by their Cheapness and more convenient building of Ships has outed this Nation of their Navigation to Muscovy and all the Kingdoms and Countries within the Sound with them as much to the Encrease of the Dutch Navigation as the lessening of the English And as this Law is so injurious to the English in our Fisheries and Foreign Vent of our Manufactures so it is not less in the Importation of Foreign Commodities by restraining the Import of them to English-built Ships and sailed by three fourths English and the Natives of those Places from whence they shall be imported whether they have Ships or not I 'll give but two Instances herein viz. in our Trades to
Coasts of England which they could no ways pretend to after they had rent themselves from their Subjection to the Kings of Spain and their immemorial Prescription to fish in these Seas tho Thousands were then alive who were born before they became States yet they were not so impudent to plead Grotius's Mare Liberum that they had as much Right to fish in these Seas as the English Thus far Cromwel's Council and the Rump went in equal Paces and the Dutch now were in no better state than when Cromwel deposed the Rump But two Accidents which were not in the Dutch Power contributed to their Deliverance from the desperate state they were reduced to one was Oliver's Ambition the other the Frenzy of Barebone's Parliament for Cromwel however he accused the Rump of Selfishness was himself much more selfish for without any regard to the Honour or Interest of the English Nation now makes it his Business to join in a Defensive League with the Dutch against the King and Royal Family to set up himself and his Posterity Barebone's Parliament was contrary to Cromwel's Designs and he knew 't was impossible to alter them and therefore resolv'd one way or other to be rid of them and the Dutch dreaded them and therefore the Dutch Plenipotentiaries told Cromwel that in case he would depose them and assume the Government to himself they would be ready to accord with him upon more moderate Terms and enter into such a Defensive Alliance as should secure him against his foreign and domestick Enemies This was the 7th of December See Stubbe p. 110. The Frenzy of Barebone's Parliament was as intolerable to the Nation as to Cromwel so that no Man could judg of their Designs or where they would end Their Prate was to make way for Christ's Monarchy upon Earth which they were sure was at hand now they were got together therefore they pronounced Priesthood to be Popery paying of Tithes Judaism the Laws of England The Remains of the Roman Yoke Schools and Colleges Heathenish Seminaries of curious and vain Learning and Nobility and Honour contrary to the Law of Nature and Christianity Tho these had sat above five Months yet they made but four Laws one for punishing seditious Sea-men caused by their tumultuous demanding their Tun and Gun-Money taken from the Dutch and granted them by the Rump another For Marrying by Justices of Peace the third For Registring Births and not Christnings and the fourth was an Act brought in by Praise-God Barebone Against Building unless upon old Foundations within ten Miles of London tho his Son designs to build London all the Country over upon new Foundations But tho Cromwel was resolved to be rid of Barebone's Parliament yet he would not proceed in that rude and Ruffian manner as he did against the Rump but wheedled with Rouse the Speaker and some of his Creatures that it should be moved in the House That their sitting longer would not be for the Good of the Common-wealth and that it would be fit for them to resign up their Powers to the Lord-General again Whereupon the Speaker with such Members as would follow him went to White-hall and under their Hands resigned up their Power to Cromwel See Whitlock fol. 551. Dr. Bates in his Elenchus pag. 165. says Cromwel made a shew of Wonder at it denying utterly and rejecting it but at length with much ado was prevail'd upon This was Decemb. 12. The Copy of Cromwel's Countenance was quite contrary to his Actions for tho he seemingly refused to accept of the Resignation made by Rouse and his Followers yet he sent a Party of Souldiers to purge the House of those who stay'd behind whereof Major-General Harrison was one who would have taken Lenthal out of the Chair when Cromwel outed the Rump See Baker's Hist fol. 620. a. There was a Mistake in the former Impression in point of Time That Cromwel accepted of the Protectorate by Barebone's Parliament which he assum'd not till four days after viz. December 16. Before we proceed to see how Cromwel behaved himself after his resuming the Government again it 's fit to see how the Case stood between the English and French at this time as also the Dutch and French in reference to this War Tho there was no declared War between the English and French yet there often happen'd Acts of Hostility between them the French making Prize of the English Ships at Sea and the English much more of the French and upon the 7th of September 1652 the English in the Downs set upon a French Fleet laden with Provisions and Ammunition under the Convoy of so many Men of War as the French could well set out and dispersed the Fleet and took seven of their Men of War whereby the Spaniards were enabled to retake Dunkirk and Graveling taken from them by the French in the Year 1646. The next Year viz. in October 1653 Captain Hayton in the Saphire came up to eight French Men of War and shot twice at their Admiral who returned him a Broad-side and Hayton endeavoured to have boarded her but she got away Hayton with his single Ship engaged the rest and took the French Vice-Admiral and Rear-Admiral and another of their Men of War and many rich Prizes with the Loss but of four Men and some wounded See Whitlock's Memoirs fol. 547. b. So inconsiderable were the French at Sea in those Days However the Dutch held constant Intelligence with the French in all their Negotiations with the English during this War as you may see in Whitlock's Memoirs fol. 568. as appears by Monsieur Chanute's Speech to the States wherein in this low state of the Dutch he gives them the Title of High Puissances and when the Dutch were in their distressed state in the time both of the Rump and Barebone's Parliament the French fearing the Dutch's Ruin or such a Peace as the English should impose upon them proffer'd to be at half Charges with the Dutch in case they would continue their War with England otherwise the French were not able to contribute but little to help them at Sea Now let 's see if Oliver's Government was as arrogant impolitick selfish and dangerous to the Safety of the Nation as his first assuming it was rude and barbarous After the Supream Power of the Nation had been thus tumbled from Post to Pillar from Cromwel to Barebone ' s Parliament and from them to Cromwel again upon the 16th of December Cromwel and his Officers after several Days seeking of God tho it was resolved on before resolved That a Council of Godly Able and Discreet Persons should be named consisting of 21 and that the Lord-General should be chosen Lord Protector for King good Man he would not be but leâ—t he should go too far astray tied himself up to an Instrument of Government which he swore to in these Words I have accepted thereof and do declare my Acceptance thereof accordingly and do promise in the
called the Vpper but The Other House of Parliament Nothing could have madded the Republicans more than this Other House of Parliament What said they have we fought to Depose the Prerogative-Creatures the Lords those Limbs of Tyranny who so lorded it over the Free-born People of England and shall we submit to these Creatures of Cromwel to usurp the same Tyranny over us and the Free-born People of England Nor did this end in Words only but the Republicans conspire to make an Insurrection against Cromwel but were discover'd and dispersed by Cromwel for which Cromwel committed Lawson afterward Sir John Harrison Rich Sir Robert's own Father Danvers and several other Officers And one Sundercome more boldly attempted to have killed Cromwel as he should pass from White-hall to Hampton-Court and to that purpose had prepared a Blunderbuss loaded with twelve Bullets to shoot him out of an Arbour as he should pass in a narrow Way in Hammersmith but one Toop who seemed to conspire in it discovered this to Cromwel and so Sundercome was taken and condemned for High Treason by Cromwel's Law made this Parliament but Sundercome escaped the Execution being found dead in his Bed before Nor did this and the Other House agree better than Cromwel and the Commonwealth-Men this scorned the Other House as having no Authority from the People and were as vain as useless so that to prevent further Heats Cromwel adjourns them for six Months I 'll vie this Cromwel against Tarquin Agathocles either of the Dionysius's or any of the Roman Athenian or Sicilian Tyrants that he was a more arrogant and boundless Tyrant than any or all of them For if Tyranny be either Sine Titulo viz. To arrogate a Power over another which he hath nothing to do with or ab Exercitio to be bound by no Laws then both ways Cromwel was a greater Tyrant for Tarquin had a Title and his Vices were rather personal and particular than tending to subvert the Roman Laws and Constitutions So were the Vices of Agathocles and both the Dionysius's c. Whereas Cromwel's Title was only from some corrupted Officers of an Army raised by his twice deposed Masters and what Widdrington begirt him with So tho Cesar and his Successors did assume to themselves an Imperial Power which did not well sute with the Consular and Tribunitial Dignities yet they never made a Pack of Senators to do whatsoever they would have them nor forced or corrupted the Free Voices of the Romans in chusing such Tribunes as the Emperors pleased and permitted the Roman Laws to have their free Course Whereas Cromwel made a Parliament as 't was called of his own Nomination and tho he called two more yet they met by Elections utterly unknown to our Laws and Constitutions and when they met he would suffer none to sit but such as would own his Authority By our Laws the King cannot tax the Subject but by Consent in Parliament whereas Cromwel by his Instrument of Government of his own Will alone taxed the Nation to maintain him an Army of Twenty Thousand Foot and Ten Thousand Horse and after taxed the Cavaliers a tenth Part of their Estates It 's the Birth-right of every English-man not to be punished in his Person Liberty or Fortune but by Judgment of his Peers or the Law of the Land and these to be done by Legal Officers whereas this Cromwel without any Law imprisoned and took away Mens Lives and Estates by a new thing called A High Court of Justice never heard of in this Nation before the Rump and himself the Judges whereof were of his own naming and his Janisaries the Soldiers his Military Executioners But it may be objected Cromwel had reason for erecting his High Court of Justice having been so ill used by Jurors for he had by them tried John Lilburn twice for High Treason and Sir John Stawel thrice who were acquitted by these Juries yet neither of them could be discharged from their Imprisonment which by Law they ought to have been But that which madded Cromwel most and made him utterly out of love with Juries was that three Men Davison Holder and Thorold being apprehended upon Suspicion of endeavouring to bring in the King were committed Prisoners to a Provost Marshal and these having obtained leave of the Provost to walk abroad under the Guard of a Souldier they would have wheedled the Souldier to have made their Escape which the Souldier refusing they killed him Cromwel who before designed to have sacrificed these Men by a High Court of Justice having as he thought a more plain Proof of Murder against them than he had for their endeavouring to bring in the King would now try them at Common Law by a Jury When they came upon their Trial they pleaded Not Guilty and upon their Trial the Question was Whether they were legally committed which if the Jury found they were to find them guilty of Murder if not they could find it but se defendendo or at highest but Manslaughter and the Jury found them not legally committed and so acquitted them of Murder This put Cromwel so out of conceit with Juries that he never after made use of them in Capital Cases However by this he might see he was as little regarded by the Body of the Nation as by his discarded Officers and the Commonwealth-Men Nor was Cromwel a better Governour in Church than State for he prostituted all Orders of Christianity and so little regarded things dedicated to Sacred Uses that he made St. Paul's Church a Garison for his Souldiers and a Stable for Horses and his Want of Money was as Great as the Love of the Nation was little This being a forc'd-Put he 'll try once more what he can get by a Parliament and that it may be a Free Parliament it should be made up of the other House and Republicans were permitted to sit in this Thus qualified they met upon the twentieth of January 1657. Never was such Brawling heard the Republicans brawling against Cromwel's Creatures in this House and both against Cromwel's Lords in the other House so that it may be truly said of this Parliament That this did out-babble that of Barebone's as far As these above those Men in Number are viz. Above Three-fold more Cromwel therefore not able to endure their Jangling longer and having got not a Groat by them suddenly dissolved them and shall never call another To make this Tragedy a little comical Cardinal Mazarine was as little a Slave to his Word as Cromwel and endeavoured to enlarge the French Dominions by as unworthy means as Cromwel did to establish his About this time a Party of the Garison of Ostend with the Privity of the Governour held Intelligence with Mazarine and after with Cromwel to betray the Town to the French wherein Cromwel was to have his Share Mazarine was to send a Land-Army commanded by Marshal d'â— Aumont and Cromwel was to provide a Fleet to transport them and the
of State of Scotland and as Runnagadoes from Christianity become the greatest Persecutors of Christians so was Lauderdale of the Kirk and Presbyterian Government However Lauderdale seemed zealous for calling a Parliament in Scotland and demolishing the Forts thaâ— bridled the Scots which Monk opposed and hereby Lauderdale became popular in Scotland so that all Applications to the King from thence was by Lauderdale In this state it was not easily determined who should be Commissioner in Scotland in case a Parliament should be called for Affairs were not yet ripe enough to make a Popish one nor would the Court trust a Presbyterian one and Lauderdale would not forsake his Post at Court where he govern'd all but continue it that all the Motions in Parliament might receive their Life from him At last it was agreed That Middleton who first served the Kirk against King Charles I. and after changing Sides made some Bustle in Scotland after the King left it should be created an Earl and made Commissioner and a Parliament should be called in Scotland The Nobility and Gentry of Scotland clearly saw there was no other way to redeem Scotland from being a conquered Nation and a Province to England but by an entire Submission to the King Lauderdale knew this as well as they and therefore resolved to make them pay dear for their Deliverance and now you shall see the Nobility and Gentry which with the Kirk united against King Charles I. divide under his Son and sacrifice the Kirk and all their Discipline to make an Atonement for themselves The first Act which was shewed herein was upon this Occasion The firy Zeal of the Kirk-men burnt up all Rules of Prudence or the Consideration of the present State of Scotland so that even in this state Crowns and Scepters must submit to the Kirk And that the King might know his Duty a Company of them met together and drew up a Supplication as they said but in nature of a Remonstrance to the King setting forth the Calamities they groaned under in the Time of the Usurpers by their impious Incroachments upon the Kingdom of Jesus Christ and the Liberties thereof which of themselves they were not able to suppress and overcome and the Danger of the Popish and Prelatical Party now beginning again to lift up their Head they press him to mind his â—aths and Covenant with God c. The Committee of Estates well knowing how ungrateful this would be to the King upon the 23d of August 1660. sent a Party and apprehended these Men whereof one Mr. James Guthry was the chief of whom you 'll hear more hereafter and committed them Prisoners to Edinburgh-Castle and from thence Guthry was sent Prisoner to Dundee for treasonable and seditious reflecting on his Majesty and on the Government of England and the Constitution of the Committee of State and tending to raise new Tumults and kindling a new Civil War among his Majesty's good Subjects This was the first Spark which soon burnt into such a Flame as totally consumed the whole Kirk-Party in Scotland and left them in a much worse plight than before when they suffered under the Usurpation as they called it of the English For during the late Usurpations the Kirk enjoyed a Liberty of Conscience but it 's the Nature of some Men that unless they may persecute other Men they 'll exclaim they are persecuted themselves and therefore since they were not able to do it themselves they minded the King of his Covenant with God to extirpate Heresy Schism and Profaneness and to remove the stumbling which the King had given them in admitting Prelacy Ceremonies and Service-Book in the King's Chappel and other Places of his Dominions But these Men were mistaken in their Measures for after the King was expelled from Scotland by Cromwel he little I may say never observed the Directory of Worship Confession of Faith and Catechisms in his Family according to the National and Solemn League and Covenant as he repeated in his Coronation-Oath and less the establishing Presbyterian Government in England and Ireland and least of all in Scotland For one of the first Acts of the first Sessions was an Anniversary Thanksgiving to be observed on every May 29 with this Proem The States of the Parliament of the Kingdom of Scotland taking into their Consideration the sad Condition Slavery and Bondage this antient Kingdom has groaned under these twenty three Years the time when the Troubles arose in K. Charles the First 's Reign in which under very specious Pretences of Reformation a publick Rebellion has been by the Treachery of some and Misperswasion of others violently carried on against sacred Authority to the Ruin and Destruction so far as was possible of Religion this King's Majesty and his Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom so that Religion it self hath been prostituted for the Warrant of all these treasonable Invasions made upon the Royal Authority and disloyal Limitations upon the Allegiance of the Subjects Therefore upon the 29th of May be set apart for an Holy Day c. Yet soon after the King's Restoration he wrote to the Presbytery of Edinburgh promising to countenance the Church as by Law established But Lauderdale knew his Mind better Here it 's observable That in 1638 when the Kirk were so zealous with lifted-up Hands in the Presence of the Eternal God to swear to establish their National Covenant there was not one of the Nobility but the Popish except the Marquess of Hamilton and the Earl of Traquair but joined with the Kirk expresly against the King's Command Traquair the Kirk-Party proceeded against as an Incendiary and after Hamilton secretly joined with the Covenanters for which King Charles I. made him Prisoner in Pendennis-Castle from whence he was discharged when Fairfax had it surrender'd And not one of the Nobility except Argile and Cassels but declare this and all the Kirk-Proceedings since Treasonable Rebellion against the Laws Liberties and Property of the People and Prostitution of Religion and this Declaration was celebrated with a double Sacrifice the Marquess of Argile being executed as a Traitor for holding Correspondence with Cromwel and his Head set where Montross's stood on the Monday before and Mr. Guthry on Saturday after for refusing to own the Jurisdiction of the Judges in Ecclesiastical Affairs had his Head set upon one of the Ports of Edinburgh This was a sad Presage to the Kirk of what followed For as they without the King would impose their Solemn League and Covenant upon England now by the King and Parliament an Oath of Allegiance in the very Nature if not the Words of the Oath of Supremacy in England is imposed upon them wherein they are to swear That the King is the supreme Governour over all Persons and in all Causes c. and That they will maintain defend and assist his Majesty's Jurisdiction aforesaid against all
sent a Squadron under Sir John Lawson to that end And the Dutch sent another commanded by De Ruiter seemingly but not designedly for to join Sir John against the Algerines For De Ruiter after he had entred the Straits abandoned Sir John Lawson and sailed to Cape Verd and dispossessed the English of their Factories nor did he stay there but sailing thence he attempted Barbadoes but was beaten off with loss But with better Success he sailed to Long-Island where he made great Depradations This Double-dealing of the Dutch alarm'd the Parliament so as they petitioned the King to make War upon the Dutch and the King was well disposed to it having before designed it as many thought and so took this Occasion for it nor were the City of London less forward than the Parliament for promoting this War and upon that Account furnished the King with several Sums of Money for which both Houses gave the City Thanks upon the Twenty Fifth of November 1665. The King the Day before made this Speech to the Commons Mr. Speaker and you Gentlemen of the House of Commons I know not whether it be worth my Pains to endeavour to remove a vile Jealousy which some ill Men scatter abroad and which I am sure will never sink into the Breast of any Man who is worthy to sit upon your Benches that when you have given me a Noble and Proportionable Supply for the Support of a War I may be induced by some evil Counsellors for they will be thought to think very respectfully of my Person to make a sudden Peace and get all the Money for my own Private Occasions But let me tell you and you may be confident of it That when I am compelled to enter into a War for the Protection Honour and Benefit of my Subjects I will God willing not make a Peace but upon the obtaining and securing those Ends for which the War is entred into and when that can be done no good Man will be sorry for the Determination of it But the War was not declared till the 22d of February following But here I observe that neither my Lord Chancellor Hide nor my Lord Treasurer Southampton were present in Council at it It may seem strange to any Man conversant in our Government that the King in less than four Years and a half after his Restoration should be in such a Necessity of borrowing such Sums of Money of the City for the disbanding of the Army was paid by the Convention and Parliament and the Parliament had settled the Excise on him which was cessed at 500000 l. per Annum and the Customs at 600000 l. and Chimney-Money worth 150000 l. per Annum and 12 Car. 2. c. 26. granted the King the Arrears of twelve Months Assessment commencing the 25th of December 1659 and C. 29. gave the King 70000 l. and C. 34. also the Post-Office worth 50000 l. per Annum and in the 13 Car. 2. cap. 3. vested in the King the Arrears of the Excise and new Imposts and in the second Session Cap. 3. the Parliament gave the King 1270000 l. and Cap. 5. a voluntary Contribution and C. 8. gave the poor Cavaliers 60000 l. that the King might never hear more of them and C. 9. granted a further Relief for the poor and maimed Officers which had served the King's Father and also Cap. 15. four intire Subsidies by the Laity and four by the Clergy besides all the forfeited Estates both in England and Ireland So that the Excise Customs Chimney-Money Post-Office and forfeited Estates at a moderate Computation may be computed at 1600000 l. per Annum a new Addition to the Crown which Queen Elizabeth had not only the Court of Wards was exchanged for part of the Hereditary Excise And if you compute but six Months Arrear of the twelve Months Assessment at 70000 l. per Mensem beginning at Christmass 1659 this will amount to 420000 l. and the Arrears of the Excise and new Impost at 300000 l. and 70000 l. granted the King 12 Car. I. 29. and the 1270000 l. 13 Car. II. 3. and the voluntary Contribution at 300000 l. and the four Subsidies granted by the Clergy and Laity at 400000 l. besides the new added Revenue of 1600000 l. per Annum to the Crown the King in less than four Years and a half received 2860000 l. or two Millions eight hundred and sixty thousand Pounds Yet the King paid no Debts of his Father's nor do I find he built any new Men of War nor made any War except that last Year against the Algerines It 's true he married his Sister but had twice her Portion of the French King for the Sale of Dunkirk and also 400000 l. Portion with the Queen Now let 's see how things stood in Scotland During the Earl of Middleton's Commission the Parliament of Scotland granted the King so great a Revenue that the King signified his Pleasure not to raise any more but tho Middleton in the general Opinion had done more in Scotland than could have been expected yet Lauderdale thought he had not done enough and therefore got the Parliament to be dissolved and a new one to be called in 1663 and the Earl of Rothes the Ring-leader of the Presbyterians in the Reign of Charles the First and was the first that subscribed the Letter to Lewis the XIII th for his Aid by the Appellation of Au Roy to be made Commissioner The King's Supremacy in all Ecclesiastial and Civil Matters and so great a Revenue as the King could ask being settled by Middleton one would have thought no more could be done yet another Law must be passed intituled the Humble Tender Whereby the Kingdom of Scotland is obliged to raise the King twenty thousand Foot and two thousand Horse sufficiently armed and furnished with forty days Provision to be in a readiness at his Majesty's Call And also that all Scots-Men from sixteen to sixty if the King should have further use of them should hazard their Lives and Fortunes as they shall he called by his Majesty for the Safety and Preservation of his Sacred Person Authority and Government to march into any part of Scotland England or Ireland for the suppressing any Foreign Invasion or Intestine Troubles or any other Service wherein his Majesty's Honour c. was concerned And this Law it may be was the Equivalent for which the Forts were demolished Tho Rothes was Commissioner when the Act passed yet Lauderdale assumed to himself the Glory of it and it 's observable this Act passed the same Year and about the same time the King issued out his Declaration of Indulgence to the Dissenters in England Thus you see as the Parliament of Scotland outrun the Parliament of England in Loyalty to the King so at least they went hand in hand with them in grauting the King more Aids than he would ask of the Subjects of his antient Kingdom Never had Kings of England or Scotland their Debts so easily
Fitzharris's Trial fol. 5. says That the Commons resolving to examine Hubert upon the Matter next Day Hubert was hanged before the House sat and so could tell no further Tales Those who excused the firing of London to have been by Design or that Hubert had any hand in it said Hubert was mad and knew not what he did or said And why then would they let him be tried upon it For it is not only contrary to our Laws but to the Law of Nature and Humanity to try and convict a Mad-man of any supposed Crime when he is incapacitated to make any Defence as a Mad-man is And tho the Statute of 33 Hen. 8. in High-Treason ordains That if a Man fall mad after he had committed High-Treason yet he should be tried for it and executed yet this extends only to High-Treason upon which Hubert was not tried but even this Law being deemed inhumane and cruel was soon after repealed But this Case of Hubert's only led the Van you 'll hear of others of like nature which followed I remember very well that when it was blazed about that Hubert was mad and the City in Ruin Hubert was carried to shew where he fired the City and tho it was in its Ruin Hubert shewed those who brought him where it began I confess I was not present then but such was the Fame of it which I never heard to be contradicted This Year the Parliament that they might not less contribute to the French Grandeur by Sea than the Rump had done by the Act of Navigation made a Law 18 Car. 2. cap. 2. against Importation of Irish Cattel which in regard it is the only Law since the Creation which was ever made by any Prince or State to make things necessary for Preservation and Convenience of Humane Subsistence scarce and dear we will more particularly make these Observations upon it The Reason given for this Law was That the Importation of Irish Cattel had fallen the Rents and Value of the Lands of England and were like to fall more Observation I. It 's true the Rents and Value of the Lands of England were fallen at this time considerably but not from the Importation of Irish Cattel for Lands are valuable as Trade is more or less and Money more plentiful And we have shewed That the Severity used by the Bishops in 1636 had sent many of our Woollen Manufacturers into Holland as much to their Enriching as to our Impoverishment That by the Treaty of Munster in 1648 the Dutch became Partakers with us in the Spanish Trade whereby above all others we were enriched That by reason of the Act of Navigation we have upon the matter lost the most beneficial Trades to Hamburgh and into the Sound with our Woollen Manufactures And besides the eternal fixing the Fishing-Trade upon the Coasts of England and Scotland to the Dutch by this War we have totally lost the Greenland Fishery and the Dutch partake with us in the Iseland and Westmony Fishing Trades and the French to the Newfound-Land That by Oliver's breaking with the Spaniard and joining with the French the Dutch got all the Riches of the Spanish Trade whilst we were bound to be Losers by the French I will add two more Reasons of the Fall of the Lands of England One The advantageous Treaty of Commerce made by Oliver with the French was not established by the King but a much worse if any submitted to And after the French set such high Imposts upon our Commodities that Sir John Trevor in his Appeal takes notice that we did not vend one fourth of the Commodities we before exported into France whilst we consumed French Wines Brandies and other French Wares more than before So that about this time or soon after the Lords Commissioners for a Treaty of Commerce with France appointed a Committee to inspect the Difference of the Ballance which besides those of Gloves Lace Ribbon and other Toys did amount yearly to 965128 l. 17 s. 4 d. imported from France more than exported out of England The other is That the most gainful Trade the English have is that to Spain which has no other Means to maintain it but by the Returns of their Fleet which since we took Jamaica the Buccaneers so interrupted the Spaniard in the West-Indies that as the Spanish Loss and Returns were more difficult so much was our Trade to Spain damnified Observation II. The Importation of Irish Cattel might fall the Rents of Lands yet not make them the less valuable for if Landlords would content themselves with the Product of their Tenants Labours so that if they could buy their Commodities half or one third c. cheaper their Lands would be as valuable as if they had half or one third c. more Rent and they pay so much more for their Commodities besides many thousands of People might subsist by their Labours where Provisions are cheaper which could not if dearer and the Charge of maintaining the Poor are so much more as Provisions are dearer and so much less must the foreign Vent of our Manufactures be as Provisions are dearer whereon Workmen subsist But admit the Importation of Irish Cattel had caused such Plenty of Provision as the Nation could not have expended yet if Commodities be Riches the Nation would have been so much more enriched by the Importation of the Irish Cattel and by this means might have established a foreign Trade upon that Account and only by foreign Trade the Nation is enrich'd Observation III. The Returns which the English made for Irish Cattel were Clothes Hats Caps Stockings Hops and other Manufactures which upon the Act ceasing the People who subsisted by working these necessarily fell into Decay and Poverty so as the Value of the Lands of England were lessen'd both ways for as these People who by their Labours were enabled to buy Provisions to the Improvement of the Value of the Lands of England so by their Poverty they became a Charge and Burden to them Observation IV. If it be Injustice and Wickedness to take away another's Lands or Goods without a just Cause it 's equally or more wicked and unjust to take away the means of living from industrious Men in their just Employments and make no Retribution both which this Law did to the People employed in the Manufactures returned for Irish Cattel Nor did this Law make any Provision for the Mariners employed in bringing over Irish Cattel nor pay the Owners of the Vessels employ'd in it for their Vessels now they had lost their Employment Nor did the Parliament give the King any Satisfaction for 30000 l. per An. Duties paid the King for importing Irish Cattel Observation V. By this Law the English lost the Manufactures of the Hides Tallow and Horns of the Cattel which might have been wrought in England and gave them to other Nations if the Irish should not work them to the Loss of the Employment of the English and thereby lessening the
of his Majesty's Subjects who are Dissenters in Matters of Religion from the Church of England And a Bill passed the House accordingly but was stopt in the House of Lords Causa patet the dead Weight joining with the Caballing Party But whatever the Commons thought of the King 's Dispensing Power in England Lauderdale the fifth in the Cabal in England was of another Opinion in Scotland for in the second Parliament c. 1. held by him he gets an Act declaring That by Virtue of the King's Supremacy the ordering the Government of the Church does properly belong to his Majesty and Successors as an inherent Right of the Crown and that he may enact and emit such Constitutions Acts and Orders concerning Church-Administrations Persons Meetings and Matters as he in his Royal Wisdom shall think fit c. any Law Act or Custom to the contrary notwithstanding And that he might not be less active in Scotland than his Brother Clifford was in England and Buckingham and Arlington were in Holland being armed with these other Powers he made all sorts of People depose upon Oath their Knowledg of the Persons of Dissenters not Popish Meetings in the Exercise of their Worship upon Penalty of Fining Imprisonment Banishment and Transportation to be sold for Slaves imprisoning all outed Ministers who shall preach out of their Families till they give Security of 5000 Marks Scot not to do the same again every Hearer being a Tenant to pay 25l Scot and Cotter 12 toties quoties they shall offend and that it shall be Death for any to preach in Fields or Houses where any are without doors and 500 Marks Reward for any to secure such dead or alive and gave Orders That every Man for himself and all under him should give Bond not to go to Field-Meetings and to inform against pursue and deliver up all outed Ministers to Judgment The Execution of these Orders was not by legal Officers but by an Army of Highland Robbers who quartered upon the Country so that it may be a Question whether the French King did not take his Measures in his Dragoon-Reformation by the ground-work laid by Lauderdale But his Grace which it seems did work irresistibly did not stay here for his Highland Army which consisted of eight or nine thousand Men not only lived upon Free Quarter upon all sorts of the King 's peaceable Subjects but in most places levied great Sums of Money under the Notion of Dry Quarters they had only regard to the Duke 's private Animosities for the most part of the Places where they quartered and destroyed had not been guilty of Field-Conventicles The King's Subjects were denounced Rebels and Captions issued out for seizing their Persons for not entring into Bond That neither they nor any under them shall go to Field-Conventicles and the Nobility and Gentry were disarmed who had ever been faithful to the King and assisted in suppressing Field-Conventicles Indictments were delivered in by the King's Advocate in the Evening to be answered next Morning upon Oath otherwise they were to be reputed guilty These and many more of this kind in the Matters relating to Lauderdale's Administration of Affairs in Scotland were represented to the King and that by his Command and are in Lauderdale's and his Lady's Impeachment which are all in Print Notwithstanding all this it was this Lauderdale who had procured an Act of Parliament to raise 20000 Foot and 2000 Horse to march into England to serve the King upon all Occasions And tho the Duke to prevent the Fame of his Actions arriving in England had by a Proclamation forbid all Subjects to depart the Kingdom without Licence yet the Noise of his Actions flew every where in England not less than the Censures of the Star-Chamber and High Commission in Laud's Regency did in Scotland and in due time the Duke shall hear of them Can any Man now believe That the King by his Declaration of Indulgence intended any Benefit to the Dissenters in England whilst Lauderdale without doubt by his Order was acting these things in Scotland The House of Commons could not at first step forget all the Loyalty they before profest to the King nor yet would they own the Dutch War and therefore they voted the King 1238750 l. to supply the King 's extraordinary Occasions but before they would let this Bill slip through their Fingers they tack'd a Bill to it by which no Papist should have any publick Employment This Bill catch'd my Lord Treasurer Clifford the first in the Cabal who was forced to resign his Treasurer's Place or renounce Popery which he would not do his Pensioners not being against it hoping thereby to get the Places which the Popish Party held and even my Lord Chancellor Ashley from Delenda Carthago now sets up for the Country Party against the Designs of the Cabal so moultry are all Designs which are not cemented in Justice and Honour The King having got the Bill for the Money the further Sitting of the Parliament became uneasy to him whereupon the Parliament was adjourned till the 20th and after to the 27th of October viz. 1673. During this Recess there were three Sea-Fights between the English French and Dutch Prince Rupert Admiral in all which the French stood aloof looking on whilst the English and Dutch battered one another only Monsieur de Martell for engaging was recalled checked and dismissed As the English thrived no better by Sea so neither did the French by Land for first the Elector of Brandenburg then the Emperour and at last the King or Queen Regent of Spain apprehensive of the Danger common to them all of the French subduing the Dutch Provinces entred into a mutual League for their Defence and by their Conjunction the Prince of Orange recovered many of the Vpland Towns in almost as little Time as the French had taken them In this state the Swede now broke loose from the Triple League whereby he opened the Gap to let in this Confusion and became a Pensioner to France and proposes a Treaty of Peace to be held at Cologn and thither the King the Emperor the French King and the King of Spain send their Plenipotentiaries to treat of it The French King's Propositions were so insolent that if granted our King could have nothing yet the King pudet haec insisted That tho he was contented with such Propositions as he required so as accepted in ten Days yet if granted by the States they should be of no force nor will he enter into any Treaty of Peace unless his most Christian Majesty shall receive Satisfaction from the States in his Particular After the French King should have all the King's Demands were a Regulation of the Trade to the East-Indies a Settlement of the Freedom of Navigation in Europe the Arrears for the Fishing-Trade upon the English Coast to assert a settled Revenue to the Crown for every Buss or Dogger-boat for the future and to make Satisfaction for the Damages
January and the same Day issued out Writs for a new one to meet at Westminster the 6th of March following which was just 40 Days between the Test and Return In this Interval the Blaze of the Parliament's Vote of their Apprehensions of a damnable and hellish Popish Plot had taken deep Impressions in the Minds of Men in general and the Whigs taking Advantage of it in this short Interval run down the Tories without Opposition nay even the King himself apprehended there could be no Hopes of attaining his Ends in the next Parliament but by seeming zealous in the prosecuting the Discovery of the Popish Plot and that he would not longer be governed by Favourites and single Councils There had been several Debates in the House of Commons of the dangerous Consequences in reference to the Duke of York's Succession to the Crown and that the Bottom of the Popish Plot centred in the Duke's being a Papist and the presumptive Heir to the Crown but I do not find they came to any Vote upon it yet resolved upon the 8th of November to make an Address to the King That the Duke might withdraw himself from his Person and Councils and in Conformity therewith the Duke went or was sent into Holland and upon the meeting of the Parliament the King acquainted them how great things he had already done for the preventing the Progress of the Popish Plot as the Exclusion of the Popish Lords from their Seats in Parliament and the Execution of several Men upon the Score of the Plot as well as the Murder of Sir Edmundbury Godfrey but above all that he had commanded his Brother from him because he would not leave malicious Men room to say he had not removed all Causes which could be pretended to influence him toward Popish Counsels and tells That as he had not been slack in putting the present Laws in Execution against Papists so he was ready to join in making such further Laws as may be necessary for the securing the Kingdom against Popery and then demands a Supply and concludes with his Desires to have this a healing Parliament The House chose Mr. Seymour the Speaker of the last Parliament to be their Speaker in this but the King rejected him which was no good Presage of a healing Parliament and so the Commons chose Mr. Serjeant Gregory and the King accepted him The Commons began where the last Parliament left in prosecuting their Impeachments against the Earl of Danby and the Popish Lords in the Tower but who should be first tried and what were the Jurisdiction of the Bishops Right of Voting in their Impeachments and their Judgments in Cases of Blood run quite through this Sessions wherein the Lords and Commons seldom agreed There were two things which made the Earl of Danby's Case more favourably spoken of one That tho he was prosecuted several Weeks after the Popish Lords were committed yet the Commons would not proceed in their Impeachments against the Popish Lords before the Lords had given their Judgments upon the Earl's Plea The other was a Vote of the Commons upon the 9th of May That no Commoner whatsoever should presume to maintain the Validity of the Earl of Danby ' s Pardon without Leave of the House first obtained and that the Persons so doing shall be accounted Betrayers of England and there was no Nobleman a profest Lawyer so that tho the Earl's Plea upon his Pardon was Matter of Law yet no Commoner must presume to plead his Cause The King besides his sending the Duke of York beyond Sea that the World might now see how otherways he was become a new Man for the future upon the 20th of April 1679 made this Declaration in Council and in Parliament and after publish'd it to the whole Nation how sensible he was of the ill Posture of his Affairs and the great Dissatisfaction and Jealousies of his good Subjects whereby the Crown and Government were become too weak to preserve it self which proceeded from his use of a single Ministry and of private Advices and therefore professed his Resolution to lay them aside for the future and be advised by those whom he had then chosen for his Council in all his weighty and important Affairs together with the frequent Advice of his great Council in Parliament and indeed in this Council were many worthy Members my Lord of Shaftsbury was President of it and the then Sir Henry Capel and Sir William Temple Members of it But this Declaration of the King 's added to the sending the Duke of York into Holland had not the King 's desired Effect the Commons besides the Dread of the Popish Plot as well at present but more in consequence after the King had declared he would not alter the Succession of the Crown in the right Line were no ways satisfied with the Disbursements of the Money nor the disbanding the Army yet were resolved it should be done and voted another Sum of 26462 l. for it but it was not carried without some Difficulty that these Monies should be paid into the Exchequer but Chamber of London however the Commons carried That the Money so raised should be appropriated to that Use and to that End appointed Commissioners to disband the new-rais'd Army and so voted That the Continuance of any standing Forces in this Nation other than the Militia to be illegal and a great Grievance and Vexation to the People hereby meaning the King's Guards They also ordered a Bill to be brought in for annexing Tangier to the Imperial Crown of England and voted That those who did advise the King to part with Tangier to any foreign Prince or State or were instrumental therein ought to be accounted Enemies to the King and Kingdom But how jealous soever the Commons were of the King yet they conceived it was his Life which secured them from the Fears they dreaded of the Duke's coming to the Crown and therefore upon the 11th of May voted Nemine contradicente That in Defence of the King's Person and the Protestant Religion this House does declare that they will stand by his Majesty with their Lives and Fortunes and that if his Majesty shall come to an untimely End which God forbid they will revenge it upon the Papists It seems the Commons had more Care of the King than he had of himself for he not only countenanced the Plotters but ridiculed the Plot. In his Speech at the opening this Parliament he told them he had not been idle in discovering the Plot and in the last he told Sir William Temple he was displeased with the Earl of Danby for bringing the Popish Plot into Parliament against his absolute Command Oliver's Professions and Actions never appeared so hypocritical and deceitful as this King 's and all this after the Parliament had voted there was a hellish Conspiracy by the Papists against his Life and this proved by a Cloud of Witnesses agreeing in the Manner and Circumstances of it as Oates
Forfeitures by Papists would be insignificant viz. remitted this intended Act did ordain that such Fines and Forfeitures one half should be to the Informers the other to charitable Uses But this Act being so contrary to the Duke's Design the Committee of Religion was discharged from meeting again and another short Act was brought into Parliament ratifying all former Acts for securing the Protestant Religion so that in this first Act the Duke pursued not his Instructions but went contrary to them and to the Custom of Scotland At the passing this Act the Earl of Argyle proposed that all Acts against Popery might be added which was opposed by the King's Advocate and some of the Clergy yet seconded by Sir George Lockhart and the President of the Sessions it passed without a Vote but such was the Jealousy of the Parliament that this did not secure the established Religion that several of the Members desired other Additions and Acts which the Duke in open Parliament promised when Time and Opportunity offered should pass but when at any time this was proposed the Test was obtruded If the Parliament were so zealous to secure the established Religion the Duke was not less to secure the Succession of the Crown of Scotland shrewdly struck at in England in the very Person of the Duke and to that end a Bill was brought in and passed wherein it was declared High Treason to affirm that the Succession of the Crown of Scotland can be altered from the next of Proximity of Blood but how agreeable this was to the Title of the Bruces and Stuarts who had no Title to the Succession of the Crown of Scotland but by Act of Parliament has already been shewed and how disagreeable this Act was to the Duke's Grandfather's Succession to the Crown of Scotland without any Act of Parliament let any Man judg This Act was not only thus contrary to the Laws and Usages of Scotland but the Act is equivocal if not contradictory to the Duke's Design for there is a difference between the next Heir and the next in Proximity of Blood as if a Man had several Sons and the eldest has a Son or Daughter his Father living and after his Father dies his eldest Son's Son is Heir and his other Sons and Daughters are next in Proximity of Blood the Heir being a degree in Blood further removed from the common Ancestor than his Uncles or Aunts and this was the case of Richard II. of England Son of the Black Prince Edward the Third's Eldest Son who succeeded to the Crown of England though his Uncles the Dukes of Clarence Lancaster York and Cambridg were nearer of Blood to Edward the Third This Act for the Succession of the Crown of Scotland was succeeded by another called the Test as contradictory to it self as contrary to the Act of Succession to be taken by all Persons in publick Trust in Scotland wherein they solemnly Swear in the Presence of the Eternal God whom they invoke as Judg and Witness of their sincere Intention of this their Oath That they own and profess the true Protestant Religion contained in the Confession of Faith recorded in the first Parliament of King James the Sixth and believe the same to be founded on and agreeable to the Written Word of God That they will adhere thereto and endeavour to educate their Children therein and never consent to any Change or Alteration contrary thereto and renounce all Popish and Fanatical Doctrines inconsistent with the said Protestant Religion and Confession of Faith And by this their solemn Oath they Swear That King Charles the Second is the only Supream Governour of this Realm over all Persons and in all Causes as well Ecclesiastical as Civil and renounce all Foreign Jurisdiction of the Pope or any other Person and promise to bear true Faith and Allegiance to the King his Heirs and Lawful Successors and to their Power to defend all their Rights and Prerogatives And by this their solemn Oath they Swear They judg it unlawful for Subjects upon pretence of Reformation or any Pretence whatsoever to enter into any Covenants or Leagues or to convene c. in any Council to treat of any Matter of State Ecclesiastical or Civil without his Majesty's special Command or express Licence or to take up Arms against the King or those commissionated by him That they will never rise in Arms or enter into such Covenants or Assemblies That there lies no Obligation upon them by the National Covenant or the solemn League or Covenant or any other way to endeavour any Change or Alteration of the Government either of Church or State as by Law established and promise and swear to the utmost of their Power to maintain the King's Jurisdiction against all deadly and as they shall answer it before God and that they took this Oath in the true and genuine Sense and Meaning of the Words without any Equivocation Mental Reservation or Evasion and never to accept of any Dispensation from any Creature So God help them By these two Acts you may observe the Scotish Temper whether it were natural or in contradiction to the Kirk-Party I will not say nor how much higher it flew than the Tory in England but because of the extraordinariness of these two Acts it 's fit to make some Reflections upon them Such another Law as that of the Succession was made the twenty first of Richard the Second in the Case of Roger Mortimer which lasted not longer than the next Year after when the Law was not only repealed but Henry the Fourth succeeded contrary to it whereas this Law continued for above eight Years after when it not only lost its Force but another Face appeared in Scotland and so continues in spight of this Law Now from this treasonable Law let us make some Remarks upon this ranting swearing Law called the Test We have said elsewhere that all Oaths are assertory of the Truth of Things Speech and Actions in time past or promissory to do or forbear to do some Act in time to come and now let 's consider what is Truth and the End of an assertory Oath Truth is proper to intellectual and reasonable Creatures and is either the apprehension of intelligible Beings as God a Law the Soul Time c. which can never be the Objects of Sense and of the Causes and Consequences of Intentions Speech and Action for Sense is not of Futurity but of present Things and Actions the Consequence or Inference will be whether good or bad just or unjust c. However all intelligible Beings and the Causes of Things and Actions are ever assumed not sworn to and if another does not nor will assent to them swearing to the Truth of them will be to no purpose So it is of the Consequence of Speech and Actions if another be not convinced from the Reason of such Consequence or Inference swearing it to be so will never do it But though sensible Things Speech and Actions
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
Laws and Constitutions of it and to have maintained the Honour of it abroad made it their Business to have subverted them and being thereby always at Variance and Contentions with their Subjects lost their own and the Nation 's Honour abroad and by taking no Care of the foreign Concerns of the Nation became contemptible to other Nations Nay the last three Kings instead of restraining the French Ambition and Tyranny joined with them in advancing of them as if they designed to make the French King an Universal Monarch as well as to destroy the Constitutions of England And I would know a Reason why now his Majesty King William has by God's Blessing redeemed this Nation from the imminent Danger which the French King in conjunction with King James designed upon the Western Parts of Christendom as well as these Kingdoms of England Scotland and Ireland any Christian should endeavour or desire the Restitution of King James any more than the Primitive Christians did Dioclesian Maximi◠and Maxentius after God had freed them from their Rage and Persecution by Constantine APPENDIX MY Lord Bacon compares Times to Ways some more plain and easy to pass others more rugged and more hard to pass the former is better for him who lives in them the latter is better for the Reader not only in the Pleasure of reading the Variety of Accidents in them but because in their Contests fine Notions arise which otherwise might have been concealed and which may be beneficial to the Readers in succeeding Times and also in shewing the Causes of these Distempers succeeding Generations may be admonished hereby to prevent them in time to come In these Treatises we have given an Account of the manifold Varieties of Accidents which have hapned for above 80 Years in the Kingdoms of England Scotland and Ireland France Spain and the States of the Vnited Netherlands and though the Roman and Grecian Histories may give Instances of the like by Land yet none of them can shew the like of the French Grandeur by Sea in little more than forty Years but more especially in that this was acquired in the Face of two neighbouring Nations either of which could have prescribed Laws to all the World besides herein the one claiming the Dominion of the British Seas the other of the Indian and Southern Ocean On the other Side Spain which in the Reign of Queen Elizabeth was both the Envy and Dread of these Western parts of Christendom is now fallen into that abject State as it is scarce in the Power of Christendom to uphold it from falling under the Dominion of the French and this History in some Measure hath shewn the Causes both of the Grandeur of France and the Cadency of Spain To the natural Advantages which the French had above other Nations after the Death of Queen Elizabeth was added that James the first and Charles the first of England whose Interest it was to have restrained the ambitious and aspiring Humour of the French were degenerous Princes wholly given up to be governed by Flatterers and Favourites and made it their Business to usurp another Jurisdiction over the Nation than they could claim by their Inherent Birth-right so that if the Long Parliament in 1640 had not put a Stop to Charles his Career no mortal Creature could have foreseen where it would have ended King James not to disturb his licentious and voluptuous Pleasures stood only still and looking on whilst Lewis the 13th had near broke the Interest of the Reformed in France but Charles in the first Act of his Reign lent the French a Fleet to subdue the Rochellers at that time superior to Lewis by Sea and as inconsiderately in the second Year of his Reign made War with France having in the first Year made War against the Spaniard whereby both Spain and France joining against the English brought that Loss and Dishonour upon the English in the Expedition of the Isle of Rhee and Charles being as loose in his Resolutions as inconsiderate in his Actions after the Death of the Duke of Buckingham who had engaged him in both these Wars made a secret Peace with the French and left the Reformed out of it though he engaged them to join with him in the War whereby the whole Interest of the Reformed was rooted out So that the Original of the French Grandeur by Sea and Land may be truly ascribed to these two Hereditary Princes James and Charles After the Tyranny of Charles his Reign had degenerated into the Usurpations of the Rump they thinking to prejudice the Dutch made the Act of Navigation which crampt up all the foreign Trades of England and the fishing Trade which above all others is the Nursery of Seamen and encrease of Navigation to English-built Ships and sail'd with ¾ English whether there be Ships or Mariners or not and without any Consideration of Times whether of War or Peace Though we have in this History and in The Reasons of the Decay of the Strength Wealth and Trade of England and also in the View of the Act of Navigation in reference to the Laws which yet stand unrepealed to the Trades for Masts Rafters Boards foreign Oak Timber Pitch and Tar and to the Trades for rough Hemp and Flax and to the fishing Trades and also to the Safety of the Nation against Foreign Powers at large demonstrated the Iniquity of this Law and the dangerous Consequences of it yet it is fit even here to take some Notice of it and of the Navigation of the Nation before the Act and how the Case stands now by reason of it Before the Rump contrived the Act of Navigation the English as the Traders told me alone fished upon the Coasts of Iseland and Westmony for Ling and the Cod-fish called Haberdin and at that time the Town of Alborough in Suffolk as I was informed fished yearly to those Seas with 35 Sail of Vessels called Iselands-Barks and the Town of Sould or Southold with 15 and Great Yarmouth with manifold more the Number I cannot tell but this I can tell That besides London and other parts of Norfolk and Suffolk which they supplied with this sort of Fish as also the Navy Royal and other Ships with this sort of Provision the Town of Yarmouth yearly exported to Calice St. Valery Diep Havre de Grace St. Maloes Brest and other parts of France 150000 Haberdin and Ling and by their Trades with these returned Sails and Nets for their Navigation and Fisheries Wells and Lyn in Norfolk too drove Trades into these Seas but I am not informed in how many Vessels but I have heard the Inhabitants of Wells complain that they have almost lost their Trades and I belive Lyn wholly Before the Act of Navigation the English from the Western Ports drove threefold a greater Trade in the Newfound-Land Fishery than the French whereas the French now drive above twenty-fold more the Trade to Newfound-Land Fishery than the English do And I have
luxurious and vicious Prince and that Ferdinand II. after the Victory at Prague endeavoured to subject the Freedom of Germany by force which brought the Swedes into Germany and the French siding with the Swedes took Philipsburg and Brisac upon the Rhine which opened the two Passages into the Empire by which this present King has been enabled to make those Wars and Ravages in the Empire which have since succeeded After the Restoration of King Charles II. the whole Series of his Reign was employed in assisting the French in all their ambitious Designs so did the Dutch and Dane when he had engaged them in a War with England and the Oxford Parliament first made the Act against the Importation of Irish Cattel whereby they disjoin'd the Interest and Dependency of Ireland upon England and fixt it upon France and other Countries which traded with them and enabled the French and Dutch to victual Ships cheaper in their Fisheries and other Trades than the English could as much to their Benefit as Prejudice to the English How King James II's Conjunction with the French had brought these Nations and Christendom to the Brink of Destruction was said in his Reign In this state these Kingdoms stood when God was pleased to give them Deliverance by the Interpoâ—tion of his present Majesty and now all the neighbouring Nations upon France I mean Spain the Empire Savoy and the Dutch as well as England were alarmed at their common Danger by the French Ambition and Grandure and all their Eyes were upon England as if from thence they expected Safety and now was the King of England again become the Arbitrator of Christendom after the four former Kings were so contemptible and neglected by it But in two things the French King's Ambition or rather Madness put some Check to his aspiring Designs viz. his Contests with the Pope about his Franchizes at Rome and the Regalia's of France and by the Extream on the other side in his revoking the Edicts of Nants and his Dragooning and Reforming the Protestants of France whereby he lost innumerable of his Subjects to the weakning of his own Power and that in double Proportion for his Enemies as he made them became so much the more numerous and stronger for those which became Exiles being an industrious sort of People had contributed highly to the Encrease of the Wealth of France so that now the Charge of the War must have been supported by those he left yet in this state France alone for above six Years made an offensive and victorious War by Land against Germany Spain Holland the Spanish Netherlands and the Duke of Savoy tho all these were assisted by the Power of England and Scotland Tho England embraced their Deliverance by the King Ireland did not nor was it their Interest for why should the Irish join with the English who would have no Trade with them against the French upon whom the Irish depended by their Trade and Commerce And it 's observable That tho the French assisted the Irish above three Years in their Wars against the English yet it may be a Question Whether the French did not gain more by their Trade with Ireland for Wools Tallow Raw Hides and Provisions for their Fleet than their Expence for carrying on the War against the English did amount to whereas the English in the War were at a foreign Expence and being a Naval War were forced to victual their Fleets at one third greater Expence than the French could do from Ireland Another Advantage the French had over the English in this Naval War was that Brest lying South of Ireland every Wind not North in one Course carries their Fleet to Ireland whereas Chatham from whence the English sent their Fleet to oppose them lies fivefold more remote from Ireland than Brest does nor can the Ships from Chatham be carried to Ireland but by different Winds and steering different Courses almost from all the Points of the Compass for it must be after the Ships are come within the Buoy of the Nore a South or South-west Wind to carry them to the Buoy of the Gunfleet before they turn into the Deep Waters then a quite contrary Wind brings them into the Downs and Channel and when they have sailed above a hundred Leagues another Wind carries them to Ireland From hence it was principally that the French for above three Years together so long as the War lasted sent out their Fleets upon the Coast of Ireland did their Business and returned to Brest before we could get out our Fleets to oppose them Yet Falmouth and Milford-Haven are much better Ports and lie better and more conveniently than Brest Milford much more to have relieved Ireland and oppose the French Designs at Brest yet from neither did we send one Ship to do it I suppose if the Reason hereof be asked it will be answered That there were no Docks Shipwrights or Naval Stores in either to have supplied our Men of War in those Ports But from whence comes this to pass There were two Reasons hereof from within and from without from within Foy and Haverford-West and the Port Towns generally of England are Corporations and the Inhabitants poor yet proud of their Prerogatives in excluding the rest of the Nation and so have so much less means for building Ships Docks or carrying on the Fishing or any foreign Trades as the Inhabitants are fewer and poorer and generally they are all Beggars The other Reason from without is the Act of Navigation against Foreigners partaking equal Benent in Trade with the Natives of England so that tho God and Nature have endowed this Nation with more excellent and noble Ports than any Nation in the World of like Bigness except Ireland for the Benefit and Convenience of the Nation yet by the Iniquity and Folly of our Laws we have made them vain and of no use to our selves nor any other Nation whereas I am confident the French King would give any of his new conquered Provinces in the Spanish Netherlands to have one such Port as either Falmouth or Milford Haven upon the Coast of Normandy or Bretaign within the Channel Notwithstanding these Obstacles the Kingdom of Ireland is again reduced to the Dominion of the Kingdom of England But I say tho we should destroy the French Fleet of War yet if we do not redress the Oppressions which the English in their Trades and Navigation lie under the Nation will be no ways secured from the growing Greatness of either French or Dutch for the same Causes will have the same Effects EXPEDIENTS by which the English Nation may be secured against the growing Greatness of the French and Dutch APOLOGY WE have epitomized the Causes of the declining of the Wealth Strength and Trade of England in this Epilogue that they may be more obvious to the Reader than if he should look for them as they lie dispersed in the Body of the History and I am conscious to
Speech against the Commons concerning Tunnage and Poundage with Remarks on it 219 224. Makes a Papist Lord Treasurer 226. Commands the Speaker to put no Question concerning Grievances 229. Imprisons several Members of Parliament 232 233. who are denied Bail 234 235. Displeas'd with the Judges Determination thereon 235. His threatning Declaration at dissolving the Parliament 236 237. Makes Peace with France to the ruin of the Reformed 237. Sends 6000 Men to assist the Swede 238. His great Fickleness 239 271 279 298 311 330. Disturbs the Dutch fishing Trade 259. His Instructions concerning the Scots solemn Covenant 264. Summons a General Assembly and Parliament in Scotland ib. Sends a Fleet and Army against the Scots 265. Boasts of his Prerogatives in calling Parliaments which is descanted on 268 270. Marches against the Scots is petition'd for a free Parliament treats with them 272. Is forsaken by his Friends 274 275. Begins his Reformation too late 275 286. Establishes Presbytery in Scotland 277. Long before he declar'd the Irish Rebels 277 278. Demands five Members of the Commons 278 290. Is advis'd to stay at London but would not 278. Is refus'd Entrance at Hull sets up his Standard at Nottingham join'd by the Nobility 279. Is worsted at Brentford 297. Summons his mungrel Parliament at Oxford makes Cessation of Arms with the Irish withdraws his Forces from Ireland 300 343. His ill Success 306 308 313 315. His Counsels with the Queen discover'd 312. Deals privately with the Irish 312 314. His Commission to Glamorgan 314. Submits to the Scots 316. who sell him Is confin'd 317. Is seiz'd by the Army 318. His Letters to the Queen threatning Cromwel by whom he 's remov'd to the Isle of Wight 323. Treats with the Parliament 324. Remarks on his sad State 316 317 325 327 333 334. His Death and Character 334 337. A Story of him concerning Buckingham's Funeral 337. Charles II. takes the Covenant and is proclaim'd in Scotland 344 345. Flies into England is routed at Worcester 346. Assists at the Pyrenean Treaty and is slighted by the French 422. Sends Letters from Breda 425. Is restor'd without Terms with an extravagant Joy rejects Cromwel's Treaty of Commerce with the French 426. whom he imitates in his Guards 427. Delivers them up Dunkirk and assists 'em against the Spaniard 429. His Luxury Debauchery c. 430. Calls a Parliament ib. Restores Episcopacy in Scotland 445. Grants a Toleration 447. Afterwards takes it off 448. Makes War on the Dutch 452. His Speech to the Commons on that occasion 452 453. His vast Revenues 453. compar'd with Q. Elizabeth's 454 455. His slight Preparations for the War 455 456. Is careless and prodigal therein 456 467 468. His ill Success in the second Fight 459 460. Makes a dishonourable Peace with them 469 495 497. Enters into a League with the Dutch and Swede 472. but breaks it off by means of his Sister who soon after dies 474. His deep Perfidiousness and Dissimulation 475. Is a Pensioner to France 477 522 523 548 561. Shuts up the Exchequer 478. Makes War again on the Dutch without Cause 478 479. Suffer'd Marsilly whom he employ'd in Switzerland to be murder'd at Paris 479. Raises an Army under Schomberg and Fitz-gerald 487. Sends 3 Lords to the French on a dark Design 488. His Demands at the Treaty at Cologn 492. Assists the French with vast Stores 498. Mediates a Peace betwixt France and the Confederates 498. Breaks his Promise to Sir W. Temple 499 503. His unprecedented Prorogation of Parliament 504. Insisted on by the Lords to be a Dissolution 505. His Rage at the Commons for their Advice descanted on 506. Adjourns them without their Consent 506. Endeavours a separate Peace betwixt France and the States 507 515. His Answer to the Pr. of Orange concerning it 511. and to Sir W. Temple 512. Treats with them 516 517. Sends Lord Duras into France 518 519. Treats about a War with France 524 525. Is govern'd by French Counsels sends Du Cross to supplant Sir W. Temple 526 527. Calls his second Parliament which met in 40 days pretends Zeal in discovering the Popish Plot 537. Chuses a new Privy-Council and promises to be ruled by his Parliament c. 538. His great Hypocrisy and Deceit 539 548 559. Declares himself a Whore-master 544 545. His dissembling Speech to the Parliament after many Prorogations with Remarks on it 547 552. Summons a Parliament at Oxford 559. Is concern'd in Fitz-Harris's Plot 564. His Declaration at dissolving the Oxford Parliament descanted on 566 568. His Death and Character 604 606. His obscure Burial and good Deeds 606 608. Died a Papist 610. Charter of London ravish'd by the Court 600 601 614. and those of other Corporations taken and surrendred 603 615 633. Children more in England than employ'd 27. Clergy when too numerous the Cause of Factions 240 241 449. Cromwel's son-in-Son-in-law imprison'd for a pretended Plot 532. Clifford foretels another Dutch War 473 Made Lord Treasurer 478. But being a Papist is forc'd to resign 491. Cobbet Colonel taken Prisoner 412. Cockain's Project for dressing Cloths monopoliz'd and the Consequences of it 65. Coke Sir Edw. grants a Warrant for seizing Somerset 78. Remov'd from being Chief Justice and why 79 82. Is prosecuted 103. Imprison'd without Cause assign'd and sued by the King who is cast 105. Not admitted into his Presence 164. Is made Sheriff and why 180. Moves for the Petition of Right c. 207 209. Is against trusting to the King 's Verbal Declaration 211 212. His sharp Speech against Buckingham 215 216. His Papers seiz'd at his Death 253. His Books made use of by the King's Party tho printed by the Parliament 279. Coleman holds Correspondence with the Jesuits 500. His Papers c. convey'd away 532. Colledge Stephen clear'd by the Grand Jury of London but basely murder'd at Oxford under a Colour of Justice 591 595. Cologn Treaty there propos'd by the Swede 492. Commission of Ecclesiastical Affairs by K. James 633 637. Committee of Safety 410. Agree with Monk 412. Are threatned by Lawson 414. Commons insist on deciding Elections 52. Alarm'd at the Growth of Popery c. 97 98 493 531. Present Remonstrances to the King 98 100 217. Their stinging Petition against Papists 134 138. Zealous against them 166 168 169. Grant the greatest Tax ever given before 206. Fall upon Grievances 207 216 231 266. Their Declaration against Tunnage and Poundage 218 219. Protest against paying Money not granted by Parliament 229. Their Vow concerning Religion 231. Zealous against Delinquents 274. Their Remonstrance of all the King's Miscarriages 278 289. Inflam'd at his demanding the 5 Members 278 291. whom they vindicate 291. Pass the Self-denying Ordinance 310. Deliver up the Militia of London to the Army which is petition'd against 320. Treat with the King at the Isle of Wight 327. Refuse to grant Supplies before the Nation is secur'd 493 531. Their Votes against the King's evil Counsellors c. 494.
488. His Success against the French 492 495. Fights the French at Mount Cassel 505 513. Comes into England 507 515. Opposes a separate Peace 507 508 511. Advises concerning the Lady Mary 509. His brave Resolution against the King's Answer at which he 's much disgusted 515. Is married 516. Treats of a Peace with France 516 517. Is suspected by the Confederates and why 518 520. but afterwards clear'd 525. Routs the French before Mons 528. His generous Design to save these Nations from Ruin 648. Orleans Dutchess see Dover Ormond Marquess makes Peace with the Irish 343. His Design for the Prince defeated 402. Ossery Lord his Friendship with the Prince of Orange 508. Overbury Sir Tho. his Story is destroy'd by the King's Favourites 62 64 68 70. His Advice to Rochester 64. His Murder discover'd and how 77 79. Overton Col. conspires against Monk 396. Oxford Parliament see Parliament Treaty there broke off and why 314. P. PApists to be tolerated 674 675. see Popish Parliaments their Constitution Ends c. 48. Ought to be Annual 49. Vsed to redress Grievances before they gave Money 49 97 616. Never dissolved in Anger till the Stuarts 205 267. Endeavour'd to be overthrown by Char. II. 614 630. Parliament in 1640 redress the Nation 's Grievances 276. Enter into a Protestation 277. Charg'd with beginning the War 280 286 296. Take the Militia from the King 293 294. Seize the Fleet 295. Raise an Army 296. Their ill Success the two first Years 296 298. Treat with the Scots for Assistance 298 Take their Covenant 299. Place no Trust in the King 315. Send an Army into Ireland 317. Their Affairs inverted by the Army 319 320. Order the King to London 321. Send Propositions to him 322. Their warm Votes concerning no further Treaty with him 324. See Commons Parliament of Char. II. their first Acts 430 431 439. Address against the King's Indulgence 447. Their Severity to Dissenters 448 458. Prohibit the Importation of Irish Cattle 462. Grant a Tax for the War against Holland 467. for the Triple League 473. for a War against France 475. Pass a Bill against Papists enjoying Places 491. See Commons at Oxford Lords petition against its meeting there 559 560. Sits but 7 days their Proceedings 564 566. K. James's pack'd one 615 616. Scarce deserv'd the Name 616 617 619. Their Acts 617 618. The Commons Address concerning Popish Recusants 628. Remarks upon it 628 629. Passive Obedience unknown to our Fathers 206. It s Inconsistence 531. Peers Jurisdictions in Appeals question'd by the Commons 502 504. Penruddock Col. beheaded after Articles granted him 386. Pensioners in Parliament 490 500. Pentland Scots rise there but are terribly routed 458. Petition of Right oppos'd by Buckingham c. defended by Williams c. 207. The Lords Saving to it oppos'd by the Commons 208 209. Is passed 210 216. but broken by the King 218 227 228 236. Is printed by the King with his Answer to it 228. Philip III. of Spain his Character 36. Philips Sir Rob. against the Court 174 180 229. Plague a great one in 1 Jac. I. 37. A greater in 1 Car. I. 153. A yet greater in II's Reign 458. Pontfract Castle surrendred to the Parliament 327. Popery some of its Antichristian Doctrines 149 150. Is promoted by K. James 642. Pope's Nuncio heads a Rebellion in Ireland 277 343. His Despotick Tyranny there 343. One arrives in England 642. Popish Party conceive great hopes of England from the Match with Moderna 499 500. Have Commissions for raising Souldiers 535. Are favour'd by K. James see James II. Plot the Parliament's Votes concerning it 535 557 587. The Evidence in it justified 539 540. Some Account of it 540 541. It s Discovery supprest and how 546 547. Ports excellent ones in England 658. Portsmouth surrendred to the Parliament 296. Dutchess who she was 474. Prague see Frederick Presbyterians join with the Royalists 409. Printers petition against Laud 231. Privileges of Parliament discust 552 554. Proclamations against talking of State-Affairs 96 97. Prorogations of Parliament not used till Hen. 8. Account of one in Char. 2d's time 520 521 533. Protestants in France suffer by James I. 96. and by Charles I. see Char. I. and Rochel Puritans increase 154. Oppos'd by Laud c. 122 157 227. Persecuted by him 258. Pyrenean Treaty 421 422. Broke by the French K. 427 428 471. Q. QVeen proclaim'd Traitor by the Parliament 298. Arrives in England on some dark Designs 428. Quo Warranto see Charter R. RAcking Men declar'd to be against Law 227. Raleigh Sir Walter his Story 82 85. Is beheaded the he had been pardoned 85. Rents whence their Fall 463. Republicans conspire against Cromwel 386 399. Restore the Rump 408. Revenue of Q. Elizabeth 32. of James II. which see Richlieu some Account of him 141 142 176. Is parallel'd with Laud 239 240. Promotes the Contentions in England and Scotland 265 272 279. Engag'd in the Irish Massacre 277 343. Rochel Fleet subdued by the French English and Dutch 174. Not reliev'd by the English as promis'd 225. Miserably reduc'd 226. Roman Empire the Causes of its Ruin 17 24. Rothes Earl Commissioner in Scotland 454. Rump Parliament their Votes concerning the King with Remarks 332 333. Erect High Courts of Justice one of which takes off the King 333 346 347. Abolish Monarchy 342. Their prodigious Acts ib. Their Success in Ireland 343 344. in Scotland c. 345 347 350. against the Dutch 351 353 356. Propose a Coalition with them 350. Their Demands of them ib. 353. Their Answer to the Dutch Excuses 352 353. Their Letter to the States of Holland 357. to the States General 358. Are turn'd out by Cromwel 362. Their Character c. 363 364. Are restored by the Republicans 408. Turn out Lambert c. and constitute a Council of War 409. Are turn'd out again 410. and put in again by Fleetwood 416. Send to Monk ib. Rupert Prince lost several Battels by his Rashness 297 307 311. Forc'd into France 327. Saves the King's Life at Windsor 541. Rushworth commended 8. Russel Lord murder'd 601. S. SAndwich Earl affronted by the Duke of York is slain 480 481. Scotland Account of its Church-state 260 263 440 441. It s Alteration endeavour'd see Laud. Great Persecution there see Lauderdale Scots oppose Common-Prayer c. and enter into a solemn Covenant against it 263. Vp in Arms propose an Accommodation 265. Declare against Episcopacy 270. Declar'd Traitors enter England 271. Keep not the Articles of Pacification 280 281. Began the War 280 286. Break their Word with the King and join the Parliament 300 331. Murder in cold Blood 316. Sell the King 317. Their Government not lik'd in England ib. Are routed by Cromwel which see Their Government chang'd by the Rump 347. Have four Citadels built to curb them 410. Their happy State under Monk ib. Parliament appoint May 29. an Anniversary Thanksgiving 443 444. Their other Acts abolish Presbytery 444 447. Grant
carrying on this War against the Dutch and therefore they gave the King 1256000 l. towards it but the King had other Occasions for the Money and thought he better otherwise could dispose of it upon the Assurance he had from his Mother out of France that the Dutch would not set out another Fleet this Year tho the French King used all means that the Dutch should do it And this Year the Zealanders set out a Squadron of Ships and took Surinam from the English in America Relying upon his Mother's Intelligence the King by the Mediation of the Swedish Ambassador entertains a Treaty of Peace with the Dutch whilst they make all possible Preparations for War which all the World saw but the King who would not see it and so took no Care to set out a Fleet to fight them nor to protect his Fleet in their Ports However the King at this time was not pleased with the Insults of his Brother of France upon the English in their Plantations in the Leeward Islands and therefore sent Sir John Harman with a Squadron of Frigats to repress the French Insolence there Sir John had the Gout so as he could not go but upon the Discovery of the French Fleet got upon his Feet and gave Orders to fight the French which he did and beat them and during the Fight walked and gave Orders as when well But the Fight was no sooner over when Sir John returned to his gouty Lameness again and after reduced Surinam to the English but this was after the Peace of Breda between the English and Dutch The Dutch having compleated their Fleet upon the 9th of June entred the River I was on the 10th in the Morning walking in St. James's Park when a Gentleman whispered to me That the Dutch were enter'd the River Then the King had fed his Ducks and was walking on the West-side of the Park and as we walked Prince Rupert overtook us and met the King at the further End of the Pall-Mall and the King told the Prince how he had shot a Duck and such a Dog fetch'd it and so they walk'd on till the King came to St. James's House and there the King said to the Prince Let 's go see Cambridg and Kendall the Duke's two Sons who then lay a dying but upon his Return to White-hall he found all in an Uproar the Countess of Castlemain as 't was said bewailing above all others that she should be the first torn in pieces Hereupon the Duke of Albemarle was posted down to Chatham where in a Council of War it was resolved to sink all the Ships but as they lay there was not Water enough The Dutch found an easy Passage after they broke the Boom which lay cross the River for no Fort was then finished at Sheerness and that at Vpnor ruin'd for want of Repair however the Duke put some Guns into it which shooting high little damaged the Dutch in the Passage So the Dutch fired the Royal James London and Royal Oak and the Henry being afloat run so violently upon Rochester-bridg the Tide forcing her as endanger'd the breaking of it and the Royal Charles was carried off by the Dutch I was then at London and also in the Plague and Fire Years yet in neither did I observe such Consternation and Confusion in the Looks of all Men as at this time and with great Cause for if the Dutch had then come up to London they had found all open to them not one Gun mounted at Tilbury Fort nor one Frigat ready in the River so as they might have forced all the Ships in the River up to the Bridg and there have burnt them which would certainly have fired the Tower and all the Suburbs West to Black-wall as well as Southwark below Bridg. Nor were the Ships at Portsmouth in more Safety and the Dutch had Ships enow to have made both Attempts at the same time but whilst the Dutch lay loitering below Sheerness the English had time to plant some Guns in Tilbury Fort and sink Ships cross the River at Woolwich And the King sent the Earl of Macclesfield and Captain Elliot to Portsmouth who used such Diligence in fortifying it that when the Dutch came before it they thought not fit to attempt to do what they had done at Chatham However the Dishonour which the Nation sustained by this Action may be forgotten yet the sudden and more dishonourable Peace concluded at Breda the 9th of July following will never be Where the 3d Article is That all Offences Injuries Damages and Losses sustained on either side by the King and States or their Subjects during this War or at any time before upon any Cause or Pretence whatsoever be totally expunged and buried in Oblivion So that by this Article the Business of Amboyna is buried and never to be called in Question which Oliver tho he made Peace with the Dutch would not do but was referred to the Cantons of Switzerland who never did any thing in it By this Article the Dutch had Polloroon out of which they had expelled our East-India Company during this War confirmed to them whereby they became sole Proprietors of the Spice-Trade as well in Europe as other Parts of the Indies Arabia and Persia And by this Article they were to have the Plantation of Surinam restored to them because taken by Sir John Harman after the Treaty The 4th Article is That all Ships Goods and Moveables which at any time had come into the Power of either Party or their Subjects should remain in the present Possessors thereof without any Compensation or Restitution for the same without any Exception of Place Time or Things The 5th Article was That all Actions Ships and Pretensions whatsoever for the same should remain void obliterated disannulled and nothing moved thereupon hereafter The 8th Article is That under the foresaid Renunciation and Stipulation all Letters of Mart Reprisals or Counter-Mart general or particular ought to be comprehended and revoked by virtue of that Article accordingly notwithstanding any Grant to the contrary This was the Success of the King's Speech to the Parliament upon his declaring War against the Dutch that as he enter'd into the War for the Protection Honour and Safety of his Subjects so without these he would not make a Peace and this Benefit Sir Edmund Turner and Mr. Carew had of their Letters of Reprisal wherein the King granted That they should stand good notwithstanding any Peace to be made with the Dutch until they had fully reprized their Debt of 151612 l. and Charges of Reprizal nay their Agents were tried by a Commission out of the Admiralty for Piracy for acting under the said Grant the Silver Oar being carried before Sir Lionel Jenkins who was very zealous to have hanged them but the Common-Law Judges were of another Opinion and so they did not lose their Lives as Sir Edmund and Mr. Carew did their Debts yet the French sped not so well as the