of the Bishop of Lincoln's Life and within less than three Years after he became Arch-bishop got the Bishop of Lincoln fined and imprisoned and his Estate to be sequestred by an Order of the Star-Chamber and at last acknowledged he had never read the Commission by which he acted These things see in the Bishop of Litchfield par 2. fol. 125. tit 119. Tho Laud had never read the Commission by which he acted yet so zealous was he for the Execution of the Sequestration of the Bishop of Lincoln's Estate that he sends this Warrant to the King's Solicitor I think Sir John Banks It is his Majesty's Pleasure that you prepare a Commission to the Prebendaries of the Collegiate Church of Westminster authorizing them to keep their Audits and other Capitular Meetings at their usual times and to treat and compound with the Tenants for Leases and to pass the same accordingly chuse Officers and confirm and execute all other lawful Acts for the good and benefit of the College and said Prebendaries And to take out the Common or Charter-Seal for sealing such Leases and Grants as will be agreed upon by the Sub-Dean and the major part of the Prebendaries and also to pass all the Premisses under the Title of the Dean and Chapter of the Collegiate Church of St. Peter in Westminster during the Suspension of the Bishop of Lincoln from the Deanary of Westminster and for doing whereof this shall be your Warrant lambeth-Lambeth-House 22d of November 1637. W. Cant. See Whitlock's Memoirs fol. 25. a. Whether the King ever granted any such Warrant to W. Cant. non constat for the King never speaks to his Subjects but either personally in Parliament or under the Broad-seal which here does not appear besides all Warrants of Courts are signed by the Seals of the Courts and executed by their proper and sworn Officers neither of which were W. Cant. or the King's Solicitor Yet at this rate was this Nation ridden during the Regency of W. Cant. This Phaeton thus mounted up on high being the first Peer of England was yet higher in the King's Favour than Richlieu was with the French King But as the Temper of these Princes and their Favourites were different so had they different Fates Lewis was steady and true to his Word from whence he acquired the Title of Just Charles fickle and unstable easily put upon things by his Favourites and as suddenly altering them and doing quite contrary from whence it was that Lewis supported the Cardinal in all his Shocks of adverse Fortune and to the Indignation of his Mother whereas Charles in the Adversity of their Fortunes gave up Laud and all his Favourites as a Sacrifice to their Enemies As the Fates of these Favourites were different so were their Parts Richlieu's High Generous and the ablest Statesman of the Age Laud's Pedantick and Narrow After the marrying the Lady Rich to the Earl of Devonshire he spent his time in seeking Preferment at Court and in setting up Factions in the University of Oxford for promoting Arminianism Richlieu was a Constant Assertor of the Privileges of the Gallican Church and a Hater of the Jesuits who bring in Innovations and exalt a Papal Power above them whereas Laud not only brought Innovations into the Church of England but was the Head of the Arminian Party under whose Banners the Popish Party sought to undermine and destroy the Church of England Richlieu laid the Foundation of the French King's Greatness by Sea and Land Laud put King Charles upon such Ways as proved the Ruin of the King Himself and the Church and State of England But before we proceed herein let us stay a little and consider the unhappy State of the Education of the Youth of England in Grammer Schools and Universities The End designed by God and Nature by Instruction of Youth is to honour and worship God and how to subsist and converse after they become Men for without the latter it will be impossible to perform the former I say this latter no way conduces to the End by breeding Youth up in Grammar-Schools and our Universities for no Man lives out of Society and Commerce and every Man stands in need of being supplied by another in things he stands in want of so that the great End by Education of Youth is to instruct Youth how to supply another so as to be able by another to supply himself of such things as he stands in need of but this is utterly neglected in Grammar-Schools and our Universities and yet double more are bred up in Grammar-Schools and our Universities than the Revenues of the Church can maintain and this Breeding fits Youth for no Conversation and Business but only puffs them up with a Conceit of their Learning when they understand not that of all Mankind they are the most unlearned and unfit for any Business The Supernumeraries of these unhappy Men who can get no Maintenance in the Church and by their Breeding are of no use in Church or State yet desire to live but can get no Living but by nourishing Factions against those who are preferred in the Church and State Poor Men they know no better and if this be taken from them they know not how to live From whence it follows that unless these Supernumeraries be restrained in their Education which cannot be but by rooting out of Grammar-Schools and the chopping Logick in our Universities whereby I say no rational Proposition in any Art or Science was ever inferred from Aristotle Descartes or any since these Supernumeraries will as necessarily nourish Factions in England as the Jesuits do here and in the rest of Christendom Many of these Supernumeraries got their Maintenance by being Chaplains to Noble-men and Gentlemen but in both they regarded more the Humour of the People where they were Lecturers and Disposition of their Patrons and Patronesses where they were Chaplains than the Liturgy of this Church The Diocess of London was too contracted to restrain the boundless Ambition of this Bishop for the last Parliament was no sooner dissolved but Laud presented the King with Considerations for the better setling Church-Government in both Provinces of York as well as Canterbury The 4th of these was That a special Charge be given against frequent and unworthy Ordinations but Latet Anguis in Herba None shall be worthy but Arminians The 5th was That special Care be had of our Lecturers in every Diocess which by reason of Pay are the Peoples Creatures and blow the Bellows of their Sedition But if the Bishop will not let them do this they know no other way to live and willingly would not starve For abating the Peoples Power the 2d Consideration is That every Bishop in his Diocess ordain that every Lecturer do read in his Surplice Divine Service before his Lecture which if he does 't is twenty to one those that pay the Lecturer will pay no more What then becomes of the Lecturer for there 's no other
of Contention and so it is taken in the Accord of the two Kingdoms Whether Lieutenant Gen. Cromwel be such an Incendiary between the two Kingdoms as is meant by this Word cannot be known but by Proofs of his particular Words and Actions tending to the kindling of this Fire of Contention between the two Nations and the raising of Difference between us If it do not appear by Proofs he has done this he is not an Incendiary but if it can be made out by Proofs that he hath done this then he is an Incendiary and to be proceeded against for it by the Parliament upon his being thus accused for those things This I take for a Ground That my Lord General and Lords Commissioners of Scotland being of so great Honour and Authority as you are must not appear in any Business especially of an Accusation but such as you shall see before-hand clearly will be made out and be brought to the Effect intended Otherwise for such Persons as you are to begin a Business of this Weight and not to have it so prepared before-hand as to be certain to carry it but to be put to a doubtful Trial in case it should not succeed as you expect but that you should be foiled in it it would reflect upon your great Honours and Wisdom Next As to the Person who is to be accused as an Incendiary it will be fit in my humble Opinion to consider his present Condition and Parts and Interest wherein Mr. Maynard and my self by our constant Attendance in the House of Commons are the more capable to give an Account to your Lordships and for his Interest in the Army some Honourable Persons here present his Excellency's Officers are best able to inform your Lordships I take Lieutenant General Cromwel to be a Gentleman of Quick and Subtile Parts and one who hath especially of late gained no small Interest in the House of Commons nor is he wanting of Friends in the House of Lords nor of Ability in himself to manage his own Part or Defence to the best Advantage If this be so my Lords it will be more requisite to be well prepared against him before he be brought upon the Stage lest the Issue of the Business be not answerable to your Expectations I have not yet heard any Particulars mentioned by his Excellency nor by my Lord Chancellor or any other nor do I know any in my private Observations which will amount to a clear Proof of such Matters as will satisfy the House of Commons in the Case of Lieut. Gen. Cromwel and according to our Law and the Course of Proceedings in our Parliament that he is an Incendiary and to be punished accordingly However I apprehend it to be doubtful and therefore cannot advise at this time he should be accused for an Incendiary but rather that Direction may be given to collect such particular Passages relating to him by which your Lordships may judg whether they will amount to prove him an Incendiary or not And this being done we may again wait on your Excellence if you please and upon View of those Proofs we shall be better able to advise and your Lordships to judg what will be fit to be done in this Matter Mr. Maynard agreed with Mr. Whitlock in every Particular and only varied that the Word Incendiary is not much conversant in our Law nor often met with in our Books but more a Term of Civil Law and of State and so to be considered in this Case Mr. Hollis and Sir Philip Stapleton and others spake smartly to the Business and mentioned some particular Passages and Words of Cromwel to prove him an Incendiary and that he had not that Interest in the House of Commons as was supposed and would willingly have been upon the Accusation of him but the Scots Commissioners were not so forward to join with them in it So Cromwel escaped But so did not Mr. Hollis and Sir Philip about two Years after upon Cromwel's Accusation of them If it be so strange that Cromwel so bred and having no Correspondence abroad or at home should in two Years time get such an Ascendant over the Parliament's Army in England so commanded and disciplin'd as aforesaid it will appear more admirable by what mean Persons he chiefly atchieved it as by Pride Whaley Hewson Harrison Goff Ven Barkstead Cobbet Okey c. broken Citizens and not before acquainted with any Military Discipline But while this Canker-Worm was breeding in the Bowels of the Parliament and Army the Winds of adverse Fortune blew almost constantly in the Face of the King's Affairs and to tell particularly of all the Battels Sieges and Rencounters which happened in England in these two next Years would swell this Story to a much greater Bulk than I design You may read them at large in Mr. Whitlock's Memoirs and Sir Baker's History of Charles the First And to say nothing of it would be a Gap in this Treatise which would interrupt the Design of it Upon the 29th of March the King's Army commanded by Gen. Forth and Sir Ralph Hopton was totally routed near Winchester by Sir William Waller Sir William Balfour and Sir Arthur Haslerig and 't was observed that two Irish Regiments which served the King in this Fight were the first which broke and run away And soon after Captain Swanley secured Milford-Haven Haverford-West and all Pembrook-shire for the Parliament And upon the 11th of April my Lord Fairfax and his Son Sir Thomas took Selby in Yorkshire by Storm and in it Col. Bellasis Governour with most of the other Officers and 1600 Common Soldiers with all their Guns Arms and Ammunition To qualify these Losses in some measure the King about the latter End of June fights Waller at Cropredy-Bridg and routs him kills 300 of his Men and Weems General of the Ordnance was taken Prisoner with two Lieutenant-Colonels three Captains and several other Officers and 180 Common Soldiers with 14 pieces of Cannon This small Victory bore no Proportion to the irreparable Loss the King sustained in the North for York being besieged by the United Forces of Manchester both the Fairfaxes Father and Son and Leven or Lesley General of the Scots Prince Rupert with all the Powers he could raise marched to the Relief of it after he had relieved Latham-House in Lancashire bravely defended by the Countess of Darby The Parliament Forces hereupon raised their Siege and the Prince fetching a Compass about relieved York and joined with the Marquess of Newcastle so as the Prince's Army was 27000 strong with which he marched to Marston-Moor whither the Parliament's Army was marched before and upon the third of July both Armies fought and the Prince with the Left Wing charged the Parliament's Right Wing and routed and pursued them a great Way so did General Goring Sir Charles Lucas and Major General Porter rout the main Body of the Parliament's Army so that all the three Parliament Generals Fairfax Manchester and
ratifie and perform the same of that which shall be granted by you and under our Hand and Seal the Confederate Catholicks having by their Supplies testified their Zeal to Our Service And this shall be in each Particular to you a sufficient Warrant Given at Our Courtat Oxford the Twentieth Day of May 20 Car. Glamorgan had brought his Business to some Issue when State-Reasons enforced Ormond and Digby and the Council to imprison him but this gave Distaste to the Irish who thereupon suspected double Dealings and so neither sent over the promised 10000 Men nor any Aid to Westchester tho Glamorgan was quickly released upon the Bail of six or eight Irish Peers The Parliament hereupon was so incensed that they refused either to treat with the King or to admit him to come to London see Baker f. 473. or this Business to end here but rendred all the King 's subsequent Treaties with the Parliament suspected and the end of attaining the King's Propositions more difficult And here you may see how this King would prostitute his Honour and Christianity contrary to what he so often professed not only to the Parliament but also to the Duke of Ormond his own Party Now things every where go to wreck on the King's side Dartmouth was surrendred to Fairfax by Sir Hugh Pollard the Governor Sir William Vaughan with such Forces as he could get together marching to relieve Chester was utterly routed by the Parliament's Forces and Chester surrendred to Sir Will. Brereton Belvoir Castle in Leicestershire the Seat of the Earls of Rutland was surrendred to General Pointz by Sir Gervais Lucas the Governour my Lord Hopton is beaten by Fairfax in Devonshire whereupon Hopton accepted of Terms from Fairfax and disbanded his Army and went into France After which all the Garisons in Cornwal surrendred to Fairfax except Pendennis Castle and St. Michael's Mount Latham-House which the Countess of Derby bravely defended two Years against the Parliament was surrendred in December and basing-Basing-House was taken by Storm And that which compleated the Ruin of all the King's Affairs in England was the Surprize and Defeat of my Lord Astley at Donnington near Stow on the Wold where he was taken Prisoner the 21st of March and when he was a Prisoner he told some of the Parliament Officers You have done your Work and may go play unless you fall out among you selves Anno Reg. 22. An. Dom. 1646. In this desperate State of the King's Affairs in England the King's Expectations in Scotland were much fallen too For after the Defeat of my Lord Digby and Sir Marmaduke Langdale the Scots had little to do in the North so as General Lesley had leisure to march to Newark with his Foot to join M. G. Pointz who had block'd it up and David Lesley with the Horse to march into Scotland where Montross his Men after he had beaten Gen. Bailey at Philipshaugh being full of Plunder and being a Voluntier Army and not under regular Discipline disbanded in great Numbers and returned home when David Lesley set upon the Remainder and routed them and gave Quarter to the rest whom yet he murdered in cold Blood Here you may see the different Tempers of the English and Scots Nation for you find no such Acts done in England in the Heats of all the War In all the War in Scotland the Marquess of Huntley obstinately refused to join with Montross and after the Defeat of Montross's Foot Montross went in Person to entreat Huntley to join in their common Interest against the Kirk which Huntley not only refused but would not deign to see Montross yet this did Huntley no good for after Montross his Army was disbanded the Kirk-Party cut off his Head so as Montross was forced to retreat into the Highlands and act defensively Exeter upon the 13th of April surrenders to Fairfax which was followed by Barnstable Town and Fort St. Michael's Mount Dunstan Castle Woodstock and other Places of less Note Sir Thomas Glenham having honourably defended York and Carlisle the King thought no other so fit to be Governour of Oxford as he which being block'd up by the Parliament Forces the King thought himself in no Security in it for the Parliament refused to admit him to come to London unless he signed their Propositions Now the French Ambassador in the Scots Quarters advised the King to throw himself into the Scots Power herein you may observe that tho Richlieu were dead yet Mazarine continued the Correspondence between France and Scotland which yet were Pensioners to France This being Hobson's Choice the King only accompanied by one Hudson a Minister and Mr. John Ashburnham throws himself into the Power of the Scots then besieging Newark this was the fifth of May. Thus this poor Prince to avoid his present Condition seeks Protection from those which brought him into it which tho he got nothing by it yet the Scots instead of protecting him shall only make a Bargain and Sale of him for having him in their Power they resolve to make a double Market of him viz. To have him to order Montross to disband his Army and then to retire out of Scotland and then to sell him to the Parliament for so much as they could get that of Montross it was no sooner asked than granted but soon after he was gone the Covenanters seize Huntley and cut off his Head the Parliament too desire the King to give Order for the English Garisons to surrender which he granted so here we end the Wars in England and Scotland between the King and Parliament at present And now you 'll see how the ending of these Wars was the beginning of the Ruin of the Parliament and Scots Covenanters for the Scots having got their Ends by Montross his disbanding his Army yet the Bargain for the Sale of the King being a mighty Matter to the Scots required a longer time and the Scots would not lose one Scotish Pound they could get for him and therefore tho the King put himself into the Power of the Scots the 5th of May 1646 yet the Bargain was not concluded till January following and then the Scots flush of Money return home finding all things in Peace now Montross is gone and the Parliament having bought the King confine him to holdenby-Holdenby-House a House of the King 's in Northamptonshire under the Guard of a select Company of Covenanters whereof Sir John Cooke Secretary Cooke's Son was one Thus this Prince who before had shifted the worthy Members of Parliament from one Prison to another that they might have no Benefit of their Corpus's and the Constables of Hertfordshire from one Messenger to another is himself shifted from one Place a Prisoner to another without any hope of an Habeas Corpus He that before by his absolute Will and Pleasure would without any Law seize his Subjects Goods and commit them to Prison cannot now enjoy his own Estate in his own House He that before arbitrarily raised Ship-Money
was sitting might be dangerous since the Parliament had so lately recognized him and so many thousands of the People had congratulated his Assumption into the Protectorate And to begin at the Parliament might be as dangerous for this they thought would disgust the Nation in general neither did they know whether the Parliament would be disbanded by them they therefore resolve they 'll make Richard dissolve them and take the Odium upon himself and when that 's done they 'll do well enough with Richard To this end the Officers urge Richard to make good their Proposals but the Protectorian Officers advised him to seize the Heads of the Republican which tho Richard durst not come to yet he spake high and threatned the Officers to cashier them This had a double Effect for the Protectorian Officers the Lord Falconbridg Captain Philip Howard Colonel Ingoldsby Whaley Goff and others seeing the meanness of Richard's Spirit in neglecting their Advice leave him and the Republicans were not to be quelled with Words but exasperated by them so that upon the 22d of April they beset White-hall and sent Desborough and Fleetwood to beseech him to dissolve the Parliament and if 't were not speedily done they would set fire to the House and kill all who should resist which so frightned Richard that he forthwith signs a Proclamation for dissolving the Parliament The Parliament thus dissolved Richard's Turn was next to be deposed not one of the manifold thousands of the ninety Congratulatory Addresses who promised to stand by Richard with their Lives and Fortunes speaking one word in his behalf and so shall such another Turn about thirty Years after be served on King James the Second Tho Richard and his Parliament were out yet something else must be in yet before they would put in any thing else the Republican Officers send Ingoldsby Goff Whaley my Lord Falconbridg and Howard after Earl of Carlisle after Richard and his Parliament and take in Lambert Harrison Rich Parker Okey and others whom Cromwel turn'd out But before they would set up any thing instead of Protector they make Fleetwood General by Sea and Land and Lambert Lieut. General To prepare the way for what was to be set up the Officers prepare a Remonstrance inveighing bitterly against the Malignants for so they call'â— the Royalists that they had printed Lists and marked for Destruction the Godly especially the King's Judges and therefore they would revive the Good Old Cause and restore the Rump Parliament but William Pryn according to his rude way of writing answered them That their Cause was neither Good nor Old and bitterly charges them with Treachery and Ingratitude But all to no purpose for since no better was to be had these Officers awake the Rump out of their Lethargy wherein they had been above five Years asleep and now were become so miserably lean that none but the Officers could abide the sight of them they could get but forty two together and these looked so wretchedly that they had much ado to get Lenthal to be Head again to it But how nasty soever the Rump was the first secluded Members would have sat with them but the Rump would none of that but set Guards at the Door of the House to keep them out Thus got together they again depose Richard and send Ludlow to do the same by Henry in Ireland and thus you see what Security can be had by relying upon a Mercenary Army one part of it exalted the Father and another part of the same Army deposed both the Sons But in Scotland they let Monk alone who promised to be true to them Yet these were not the Halâ—yon Days the Republican Officers expected by restoring the Rump for the Rump tho it had been long asleep yet remembred they were before tuned out by the Officers of the Army and that they shall do so no more they make Lenthal General of all the Forces in England Scotland and Ireland by Sea and Land The Rump being contemptible to all the Nation and the Officers of the Army being thus divided and subdued and like Virginal-Jacks when one was up the other was down raised the Expectation of the Royalists That a sudden Change would be which could end in nothing but restoring the King And the Presbyterians exasperated by the Rump's Repulse again resolve not to sit quiet under it and therefore a Correspondence is held between them and the Royalists to depose the Rump whatever came of it To this end Sir George Booth rises in Cheshire with whom Sir Thomas Middleton joined but was ill seconded by the Royalists This alarm'd the Rump for they expected no better from the Presbyterians than the Royalists And now the Rump not well knowing the Man had so little Wit as to send Lambert against Sir George and you 'll soon see Lambert shall do that by the Rump which the Presbyterians and Royalists both together could not do For Lambert having overthrown Booth and taken him Prisoner tho the Rump were mightily joy'd at it and voted Lambert a Gratuity of a Thousand Pounds yet this no ways alter'd the Designs of Lambert which ever since the Death of Cromwel he had been hatching For Lambert after the Defeat of the Cheshire-men in his return for London at Derby the 16th of September procured a Petition from the Officers to the Rump that Fleetwood might be General of the Army and himself Lieutenant-General He was content to give Fleetwood the first Place as Cromwel had given Fairfax for he knew himself to be too hard for Fleetwood and a much better Souldier and so would do what he list And the greater part of the Officers in London join with Lambert in his Petition The Rump was more alarm'd at this Petition than at Sir Booth's Insurrection so as all Prosecution against him and the Cheshire-Men was at a stand nor were the Rump of one piece among themselves for Sir Arthur Haslerig a hot-headed Man was violently against the Army and said they made the Parliament a precarious thing and that Lambert trod Cromwel's Steps and his seeming Modesty in preferring Fleetwood was but a Decoy But young Sir Henry now become old Sir Henry Vane with much more cunning endeavour'd to carry on the Designs of Lambert and his Faction However the Majority of the Members rather than be deposed depose Lambert Desborough Berry Kelsey Ashfield Cobbet Creed Parker and Barrow and make a Council of War without naming a General of Fleetwood Monk Haslerig Ludlow Morley and Overton And to starve Lambert and his Officers the Rump vote That no Money shall be raised without Consent in Parliament and he that shall do it shall be guilty of High-Treason against the Commonwealth And the Nation to whom the Rump and Army were alike hateful took this for a very good Law However before this Infant Council of War should be warm in their Seats Lambert resolves to beat up their Quarters and marches directly to London but the
one the 4th of Edw. the 3d c. 14. the other 36 Edward 3. c. 10. and when Parliaments thus frequently met Grievances were nipt in the Bud the Courts of Law kept to the Administration of Justice uprightly the Ambition of great Men restrained Factions and Innovations suppressed and when the Parliament met thus frequently the King had an Account of the State of the Nation and upon Redress of Grievances if any were the Parliament in acknowledgment of their Duty gave the King a Gratuity sometimes a Fifteenth other times a Subsidy and at other times a Subsidy and a Fifteenth and sometimes a Subsidy and two Fifteenths but never more before the 35 of Eliz. and the King in return granted a general Pardon to his Subjects with such Exceptions as the Parliament pleased and thus a mutual Love and Understanding between the King and his Subjects was nourished and encreased Whereas by the long discontinuance of Parliaments Grievances multiply and take Root so as they become so much more difficult to be redressed by how much longer the Discontinuances last The Favourites by their flattering the Prince not only keep him in Ignorance of the State of his Subjects but fix the Prince so to their Will that it becomes so habitual in him that the Prince prefers them before his Subjects and their Flatteries before the Advice of his Parliament and often takes their parts before that of the Parliament and Nation These long Intervals of Parliaments you 'll see will beget long Parliaments and the Members get to be chosen by the Favour of great Men and vast Expence so that the Grievances with the Parliament should redress become diffused into the Body of the Parliament than which nothing can be more dangerous to the Constitution of Parliament Besides that the publick Business may not be interrupted during the Sessions of Parliament the Members of both Houses have Privileges whereof they are the only Judges both in their own Persons and of their Servants whereby they are exempted from Arrests or any Process at Law which is not only grievous to the Subjects but oft the Ruine of them But now it 's time to see what the King's Proclamation for calling his first Parliament tended to Before King James his coming to the Crown of England the Election of Members in the House of Commons was so free that the Letters of the King or any Noble Man to chuse a Member was judged Cause sufficient to render the Election void but the King by this Proclamation gives order what Sorts of Men and how Qualified should be chosen by the Commons and concludes We Notify by these Presents That all Returns and Certificates of Knights Citizens and Burgesses ought and are to be brought to the Court of Chancery and there to be filed upon Record and if any be found to be made contrary to this Proclamation the same is to be rejected as unlawful and insufficient and the City or Borough to be fined for the same and if it be found that they have committed any gross or wilful Default or Contempt in the Election Return or Certificate that then their Liberties according to the Law are to be seized as forfeited And if any Person take upon him the Place of a Knight Citizen or Burgess not being duly elected and sworn according to the Laws and Statutes in that behalf provided and according to the Purport Effect and true Meaning of this our Proclamation then every Person so offending to be fined and imprisoned for the same Never was such a Prelude to the Meeting of a Parliament by any of the Kings of England either of the Saxon Danish Norman or British Race and if the King in the Beginning thus extends his first Note above ELA to what Pitch will he strain his Prerogative hereafter However since Forfeitures of Charters Fining and Imprisoning of Members not elected and returned according to this Proclamation were the Penalties imposed by it for the better Execution it might have been declared who should judg of these Elections and Returns or by what Law It fell out unluckily I think I may say designedly that upon the opening of the Parliament several of the House of Commons one of which was Sir Herbert Crofts coming to hear the King's Speech in the House of Lords had the Door shut upon them and were repulsed by a Yeoman of the Guard one Bryant Cash with the uncivil and contemptible Terms of Goodman Burgess you come not here The King in a long and tedious Speech which you may read at large in Stow's Chronicle after he had expressed his Thanks to the whole Nation for their Universal Acclamations in receiving him for their undoubted Sovereign which so much conduced to their Happiness in the Union of all Claims in his Person being the undoubted Heir of Hen. 7 and Elizabeth the Eldest Daughter of Edward the 4th wherein the Titles of the Houses of York and Lancaster were reconciled He tells them the Wonders which he will do both in reference to the inward and outward Peace of the Kingdom which how well he performed you will hear hereafter But as to the Glory which he ascribes to himself of being King by inherent Birthright from Hen. 7. and his Queen I think he could not have taken a worse Topick for what he so much gloried in For no hereditary Monarch has a better Title to his Crown than the Ancestor from whom he first claims had and it is evident Henry the 7th had no Colour of Title to the Crown of England by Inheritance being only descended from John of Gaunt by Katherine Swinford his Concubine when John of Gaunt's Wife was alive nor could the King claim any Title from the Wife of Henry the 7th for Henry himself would never own she had any reigning not only during her Life without naming her in the Coins Proclamations or Laws but after her Death and was not only crowned without her but called a Parliament without her ere he was married to her and had the Crown entailed upon him and the Heirs of his Body before he married her Besides there is no Averment against an Act of Parliament and the Act of the first of Richard the 3d declares all the Issue of Edward the 4th by the Lady Grey the Mother of Henry the 7th's Wife to be Illegitimate and so uncapable of any Inheritance to the Crown of England But how edified soever the Commons were with the King's Speech they were little pleased with the Yeomen of the Guards usage of their Members which in due time the King shall hear of However the King who since his coming in had been acquainted only with Flatteries introduced with the Epithet of most sacred which I find rarely applied to any of his Predecessors and how properly applied to him giving himself up to a dissolute and prophane Life let another judg was buoyed up with a mighty Expectation of the Success of his Proclamation and Speech which did not succeed
unanswerable Reasons of a National Interest and the manifold Inconveniences the incorporating those Trades in a Company brought to the Navigation of the Nation both in the Foreign Vent of our Manufactures and in their Returns to the Ruin of infinite Artificers Sea-men and Shipwrights and to the Diminution of the King's Revenue Whereupon these Trades were declared free and have ever since continued so to the inestimable Benefit of this Nation But tho the Reasons in this Act extend to all other Beneficial Trades as to Turkey the East-Country and Hamburgh Trades and to Africa and the East-Indies yet all these Trades are monopolized into Companies exclusive to other Men as much to the Prejudice of the Nation as the making the Spanish Trade free was beneficial to it About this time the Clergy at least a Faction which stiled themselves the Clergy made an Attempt to try how far their Doctrine of Absolute Power in the King had taken root in him they had gained their Point so far as the King had declared his Command to the Commons as Absolute King and now they 'll see whether the King would assert it and the Case was this Arch-bishop Whitgift a Prelate of singular Piety and Humility died the last day of February in the first Year of the King and Doctor Richard Bancroft a Man of a rough Temper a stout Foot-ball-player as zealous an Assertor of the Rights of the Church of England or rather a Faction of Church-men who arrogated to themselves the Title as Julius the 2d was of the Papacy exhibited to the King and Council 25 Articles in the Name of all the Clergy of England called Articuli Cleri which were desired to be reformed in granting Prohibitions tho there were a Parliament and Convocation then sitting which I do not find had any hand in it This Exhibition as it ascribed an Absolute Power to the King so it struck directly at the Constitution of Parliaments the principal End of which is to redress Grievances and Abuses in the Nation and if the King's Council during the sitting of a Parliament shall ascribe to themselves this Power then the great End of Parliaments redressing Grievances and Abuses is in vain However Bancroft herein not only makes the King's Council to have a concurring Power with the Parliament but paramount to it by exhibiting these Articles in the sitting of a Parliament and Convocation but the Judges gave so clear and distinct an Answer to them all that the King did not think fit to meddle in them yet did not Bancroft rest here as you will hear hereafter The Articles and the Judges Answer to them you may read at large in Sir Coke's second Institute tit Articuli Cleri Whilst Bancroft was thus ascribing to the King this Absolute Power and exalting a Faction of Church-men above the true State of the Clergy which is one of the three States of the Nation and above the Nobility and Commonalty which are the other two The Popish Faction were plotting a Design not only to destroy the Church of England but the very Person of the King with the Nobility and Commons convened in Parliament which was to have been executed upon the fifth of November following the day on which the Parliament were to meet The Popish Party hoped and it may be not unreasonably that the King in regard of his Mother's Religion was not averse to theirs so that if he became not of their Church which in his Speech at the opening the Parliament he owns our Mother-Church at least hoped to have their Religion tolerated whereas finding the King in his Speech after he had declaimed against the Heresies and Abuses crept into their Church and the Pope's having arrogated an Imperial Civil Power over Kings and Emperors by dethroning and decrowning them with his Foot and disposing of their Kingdoms and the Jesuits Practice of assassinating and murdering Kings if they be cursed by the Pope That so long as they maintained these they were not sufferable in the Kingdom From this time forward and it may be before a Popish Crew contrived how to bring in their Catholick Religion they cared not which way so it might be done At last it was agreed upon the opening of the Session of Parliament upon the 5th of November one part of the Conspirators should blow up the Lords House while the King Prince with the Nobility and Commons were in it having prepared all things in a readiness whilst another part should seize upon the Lady Elizabeth after Queen of Bohemia and proclaim her Queen But the Plot being discovered the Conspirators were defeated of both their Designs The Horror and Terror of this Conspiracy the Discovery whereof was industriously divulged and believed to be by the King 's great Wisdom and Care reconciled for a time all Differences between him and his Parliament and the Parliament to gratify the King the Clergy gave him four Subsidies at four Shillings in the Pound and the Temporality three Subsidies and â—ix Fifteenths which was threefold more than any Parliament in one Session gave Queen Elizabeth before that of the 35 Eliz. notwithstanding the Payment of her Father's Brother's and Sister's Debts her expelling the French out of Scotland the building and repairing the Navy Royal the Support of the Reformed in France the subduing the Rebellion in the North the Support of the Dutch in the Netherlands the Irish War and the Overthrow of the Spanish Armada in 88. The Parliament enacted the Oath of Allegiance which Bellarmine under the Name of Tortus wrote against and Andrews Bishop of Winton under the Name of Tortura Torti defended it The Parliament too ordained the Anniversary of the Fifth of November to be celebrated for a perpetual Thanksgiving-Day for the King and Kingdom 's Delivery from this Conspiracy All Heats about Prerogative and Privilege were now laid aside the Pulpits and our Universities rang with Declamations against the Heresies and Usurpations of the Church of Rome and now the King gave himself wholly to Hunting Plays Masques Balls and writing against Bellarmine and the Pope's Supremacy in arrogating a Power over Kings and disposing of their Kingdoms and thus the Case stood for four Years after wherein I scarce find any thing worth mentioning This and the next Year was almost wholly spent in Debates concerning the Uniting of the Kingdoms of England and Scotland which the King eanestly solicited and which ended only in Contests and Arguments for the House of Parliament refused to join with the King in it however the King obtained a Judgment in Westminster-Hall in a Case called Calvin's Case that the Post Nati in Scotland after the King's Assumption to the Crown of England were free to purchase and inherit in England But whilst the King was thus wallowing in Pleasure he wholly gave himself up to be governed by Favourites to whom he was above any other King of England except Henry the 8th excessively prodigal not only in Honours and Offices but of
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-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
a long and particular Remonstrance which you may read at large in Mr. Rushworth's Collections fol. 40 41 42. setting forth the dangerous State of the Nation and of Christendom by the Alliances of the Pope and Popish Princes especially the King of Spain chief of the League and what dismal Consequences would follow by the Marriage of the Prince with the Infanta c. yet resolve to grant the King another Subsidy for carrying on the War for the Recovery of the Palatinate but withal humbly desired his Majesty to pass such Bills as shall be prepared for his Honour and the general Good of his People accompanied with a general Pardon as is usual concluding with their daily Prayers to the Almighty the great King of Kings for a Blessing upon their Endeavours and for his Majesty's long and happy Reign over them and for his Childrens Children after him for many and many Generations The Noise of this Remonstrance so disturbed the King in his Pleasures at New-market which all his Cares for the Preservation of his Son-in-law's Patrimony could not do that upon the 3d of December he wrote to Sir Thomas Richardson Speaker of the House of Commons this Letter which because of the Rarity of it by any King of England to his Parliament before we will give verbatim Mr. Speaker WE have heard by divers Reports to Our great Grief that Our distance from the Houses of Parliament caused by our Indisposition of Health hath imboldned the fiery and popular Spirits of some of the Commons to argue and debate publickly of Matters far above their Reach and Capacity tending to Our high Dishonour and breach of Prerogative Royal. These are therefore to command you to make known in Our Name unto the House that none therein from henceforth do meddle with any thing concerning Our Government and deep Matters of State and namely not to deal with Our dear Son's Match with the Daughter of Spain nor to touch the Honour of that King or any other of Our Friends and Confederates and also not to meddle with any Man's Particulars which have their due Motion in any of Our ordinary Courts of Justice And whereas We hear they have sent a Message to Sir Edwin Sandys to know the Reasons of his late Restraint you shall in Our Name resolve them that it is not for any Misdemeanor of his in Parliament but to put them out of doubt of any Question of that nature that may arise among them hereafter you shall resolve them in our Name that We think our self very free and able to punish any Man's Misdemeanors in Parliament as well during their Sitting as after which We mean not to spare hereafter upon any Occasion of any Man 's insolent Behaviour there that shall be ministred unto Vs And if they have already touched any of these Points which We have forbidden in any Petition of their which is to be sent to Vs it is Our Pleasure that you tell them That except they reform it before it comes to our Hands We will not deign the Hearing nor Answering of it The Commons having a publick Trust reposed in them and truly apprehensive of the dangerous State of the Protestants in Christendom as well as of the Kingdom and that not only the King's remisness in taking care of both but the Designs he prosecuted were equally dangerous to both in a most humble and supplicant Remonstrance represent to the King his recommendation of the Affairs of the Palatinate to them and the dangerous State of Christendom in discourse whereof they did not assume to themselves any Power to determine of any part thereof nor intend to encroach or intrude upon the Sacred Bounds of his Royal Authority to whom and to whom only they do acknowledg it does belong to resolve of Peace and War and of the Marriage of the most noble Prince his Son but as his most loyal and humble Subjects do represent these things to his Majesty which otherwise could not so clearly come to his Knowledg c. They beseech his Majesty that they may not undeservedly suffer by the Misinformation of partial and uncertain Reports which are ever unfaithful Intelligencers and not give Credit to private Reports against all or any of their Members whom the House hath not censured until his Majesty hath been truly informed from themselves that they may stand upright in his Majesty's Grace and good Opinion than which no worldly Consideration can be dearer to them c. Which you may read at large in Mr. Rushworth's Collections Fol. 44 45 46. The King having cast the Sheet-Anchor of all his Hopes upon the Spanish Match whereby he should not only re-establish his Son-in-law in the Palatinate and get more Money than he could hope for in Parliament furled all his Sails and resolved to ride out this Storm of the Commons notwithstanding his Pleasures and Indisposition of Health in a long Invective against them in a Scotisâ— Dialect which you may read at large in Rushworth's Collections the Heads whereof were 1. That he must repeat the Words of Queen Elizabeth to aâ— insolent Proposition made by a Polonian Ambassador Legatuâ— expectabamus Heraldum accepimus that he had great Reason to have expected better from them for the 37 Monopolies and Patents called in by him since the last Recess and for the three whereof Mompesson and Michel were censured but of these he heard no news but on the contrary Complaints of Religion tacitely implying his ill Government 2. That the taxing him with trusting to uncertain Reports and partial Informations concerning their Proceedings was needless being an old and experienced King and in his Conscience the freest of any King alive from hearing or trusting to idle Reports That in the Body of their Petition they usurp upon his Prerogative Royal and meddle with things far above their Reach and then protest to the contrary as if a Robber should take away Man 's Purse and then protest he meant not to rob him 3. That his Recommendation of the War for regaining the Palatinate was no other than if it could not be recovered otherwise which can be no Inference that he must denounce War against the King of Spain break his dearest Son's Match and match him to one of our Religion which is all one as if we should tell Merchant we had great need to borrow Money of him for raising an Army and that thereupon it should follow that we were bound to follow his Advice in the Direction of the War That this Plenâ—potency of theirs invests them with all Power upon Earth lacking nothing but the Pope's to have the Keys both of Heaven and Purgatory That it was like the Puritans in Scotland to bring all Causes within their Jurisdiction or like Bellarmine's distinction of the Pope's Power over Kings in ordine ad Spiritualia whereby he gives them all temporal Jurisdiction over them 4. That he expected the Commons would have given him Thanks for the long maintaining a setled
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
Molestation other than by Censure of the House it self for or concerning any speaking reasoning or declaring any Matter or Matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the Advice and Consent of all the Commons assembled in Parliament before the King give Credence to any private Information If the King was alarmed at the Commons Remonstrance this Protestation of the Commons was such an Invasion upon his Sacred Prerogative Royal that neglecting his Pleasures and Health which he took such care to preserve by retiring into the Country up he now comes to London and upon the 30th of December and in a full Assembly of Council and in the Presence of the Judges declares the said Protestation invalid annull'd and void and of none effect Manu sua propria takes the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of the Council-Causes And on the 6th of January the King by his Proclamation dissolved the Parliament Shewing that the meeting continuing and dissolving of Parliaments does so peculiarly belong to him that he needs not give any account thereof to any other yet he thought fit to declare that in the Dissolution of this Parliament he had the Advice and Vniform Consent of his whole Council and that some particular Members of the Commons took inordinate Liberty not only to treat of his High Prerogatives and sundry things not fit to be argued in Parliament but also to speak with less respect of Foreign Princes That they spent their time in disputing Privileges and descanting upon the Words and Syllables of his Letters and Messages and that these evil-temper'd Spirits sowed Tares among the Corn and by their Carriage have imposed upon him a necessity of discontinuing this present Parliament without putting to it the Name or Period of a Session And lastly he declared That tho the Parliament were broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call another CHAP. IV. A Continuation of this Reign to King James his Death THE first Act the King did to make good his Promise in his Proclamation to govern well was his Commitment of Sir Edward Coke and Sir Robert Philips to the Tower and Mr. Selden Mr. Pym and Mr. Mallery to other Prisons and Sir Dudley Diggs Sir Thomas Crew Sir Nathaniel Rich and Sir James Parrot into Ireland Sir Thomas Overbury had a Cause assigned for his Commitment to the Tower but yet it was observed an Hardship upon him without any Precedent that he should be confined a close Prisoner for a Contempt whereas these were not only confined but close Prisoners for ought I can find I am well assured Sir Edward Coke was not only without any Cause shewed but for performing a publick Trust reposed in them Nor did the Commons only suffer under this Fury of the King for performing their Duty but the Noble Earl of Southampton was imprisoned for his freedom of Speech and for rebuking Buckingham for his disorderly speaking in the House of Lords as you may see in the first Part of Keeper Williams's Life fol. 62. tit 8. But of all others this Storm fell most severely upon Sir Edward Coke and by several ways his Ruin was contrived First By sealing up the Locks and Doors of his Chambers in London and in the Temple Secondly By seizing his Papers by virtue whereof they took away his several Securities for Money as a learned Lawyer Mr. Hawles hath observed Thirdly It was debated in Council when the King would have brought in the General Pardon containing such Points as he should think fittest by what ways they might exclude him from the benefit of it either by preferring a Bill against him before the Publication of it or by excepting him by Name Fourthly If the King's Name were used by Northampton and Somerset to confine Sir Thomas Overbury so close that neither his Father nor Servants should come at him so was the King's Name used here that none of Sir Coke's Children or Servants should come at him and of this I am assured from one of Sir Edward's Sons and his Wife Fifthly In this Confinement the King sued him in the King's-Bench for 30000 l. 2 s. 6 d. for an old Debt pretended to be due from Sir William Hatton to Queen Elizabeth and this was prosecuted by Sir Henry Yelverton with all Severity imaginable but herein the King's Counsel were not all of one piece for when a Brief against Sir Edward was brought to Sir John Walter I think then Attorney-General he returned it again with this Expression Let my Tongue cleave to the Roof of my Mouth whenever I open it against Sir Edward Coke however after the Trial the Verdict was against the King Mr. Selden got his Liberty by the favour of my Lord Keeper Williams but the rest must abide by it till the breaking of the Spanish Match necessitated the King to call another Parliament But lest the King's Word in his Proclamation for governing well should not pass currant and without dispute the King ordered the Judges in their Circuits to give this in their Charges That the King taking notice of the Peoples liberal speaking of Matters far above their reach and also taking notice of their licentious undutiful Speeches touching State and Government notwithstanding several Proclamations to the contrary the King was resolved no longer to pass it without severest Punishment and thereupon to do exemplary Justice where they find any such Offenders The King having in the ninth Year of his Reign borrowed 111046 l. upon Privy-Seals which the Writer of the Historical Narration of the first 14 Years of King James his Reign Tit. Monies raised by him fol. 14. says were unrepay'd Now since he could receive no more Money in Parliament orders the Privy-Council to issue out an Order for raising Money out of Parliament for the Defence of the Palatinate and also sent Letters to the Justices of the Courts in Westminster-Hall and Barons of the Exchequer to move them and perswade others to a liberal Contribution for the Recovery of the Palatinate according to their Qualities and Abilities Nevertheless if any Person shall out of Obstinacy or Disaffection refuse to contribute thereto proportionably to their Estates and Means they are to certify their Names to the Council-Board Letters to the same effect were directed to the High-Sheriffs of Counties and Justices of Peace and to the Mayors and Bayliffs of every City and Corporation within the Kingdom requiring them to summon all before them of known Abilities within their Jurisdictions and to move them to a chearful Contribution according to their Means and Fortunes in some good measure answerable to what others well
Marquess clearly and upon what Guard he should stand Yes said the Keeper and to that purpose I have dispatched some Pacquets Then continue says the King to help me and them in those Difficulties with your best Powers and Abilities and serve me faithfully in this Motion which like the highest Orb carries all my Raccalta's my Counsels at present and Prospects upon the future with it and I will never part with you Which you may read in the first part of the Keeper's Life fol. 115. tit 127. The Keeper hereupon continues to prosecute this Advice to the Marquess after Duke but hereby lost the Duke's Favour who ever after sought all means to ruin the Keeper which tho he could not effect in King James his Reign he did it in the first Year of his Son 's But when the King understood that the Contraventions of the Duke with Olivares and Bristol was like to make a Rupture in the Treaty he then began seriously to consider with himself the fickle State he stood in both at home and abroad if the Marriage succeeded not all the two Subsidies he had granted him by the Parliament and the Benevolence he had raised after upon his Subjects by his own Authority was expended and a great Debt contracted besides he also besides the Benevolence stood upon ill Terms with his Subjects for petitioning him against the Spanish Match and asserting their Privileges by imprisoning them after he had dissolved the Parliament the like whereof was never before done by any of his Predecessors and now Buckingham had so violently caused a Rupture of the Match wherein he placed his sole Felicity he had not Courage so much as to frown upon him who could contribute no Relief whereas he dissolved the Parliament and imprisoned the Members upon their Advice against the Match who could have relieved him in his Necessities besides he now saw that Buckingham by his Audacity more worshipped the Sun in its Rise than in its Declination Now did he not know to whom he should complain nor was there any about him but the Keeper who durst give him any Advice In case a Rupture happened the King after all this wild Expence of Foreign Embassies and the Charge of his Son's Voyage to Spain would be despised by all Foreign Princes and States in case he did not endeavour to recover his Son-in-law's Patrimony which would in all appearance bring on a War between him and the Emperor and King of Spain who kept nothing from him and therefore had no cause to make War upon either Besides in case the King made War for the Recovery of the Paâ—atinate he could not hope to do it upon his own single account but in Conjunction with Foreign Confederates and above all with the States of the Vnited Netherlands who now had renewed the War against the King of Spain the Truce made between them and the King of Spain in 1609 being expired But how uniust would this be for the King to make War upon the Emperor and King of Spain who kept nothing from him and join with the Dutch herein who against the Treaty made between the King and them but three Years before viz. in 1619 kept from the King and his Subjects the Isles of Amboyna Seran Nero Waire Rosingen Latro Cambello Mitto Larica Lantare Polaway and Machasser in the East-Idies and Cabo de Bon Esperanza in Africk But the Impolicy of such an Alliance would be as great as the Injustice of it for hereby the English must lose the benefit of the Spanish Trade which above all others enriched the Nation and the King his Customs which above any other did arise from it These Considerations fixed in the King's Mind fearful of any War so cleft his Heart That as the Bishop of Litchfield observes he effected neither yet he submitted himself to be ruled by some whom he should have awed by his Authority but wanted Courage to bow them to his Bent. A Prince that preserves not the Rights of his Dignity and the Majesty of his Throne is a Servant to some but a Friend to none and least to himself as you may see in his Book fol. 167. tit 173. In these Perplexities the King saw no visible Means under Heaven to relieve him but by closing with his next Parliament and it was observed that some Impressions were gotten into the King's Mind that he was so resolved to be a Lover of Parliaments that he would close with the next that was called nor was there any likelihood that any Man's Incolumity tho it were his Grace himself should cause an unkind Breach between him and his People This Resolution of the King 's was not concealed from a Cabinet or Cabal of the Duke's which met at Wallingford-House who hereupon set up to consider what Exploit the Duke should commence to be the Darling of the Commons and as it were to re-publicate his Lordship and to be precious to those who had the Vogue to be the chief Lovers of their Country and resolve that all Attempts would be in vain unless the Treaty of the Spanish Match were quash'd and that the Breach thereof should fall upon the Duke's Industry so that what the Duke did before in spite to Olivares and Bristol he now pursues for his own Safety tho the King had little reason to thank him for it See the first Part of the Keeper's Life fol. 137. tit 147. And this took such Impression in the Duke that the Bishop heard the Duke afterward in the banqueting-Banqueting-House before the King and both Houses of Parliament ascribe to himself the sole Glory of breaking the Spanish Match and you will soon see how the Prince and Duke after their return from Spain over-awed the King and made his Authority bow to their Bent for notwithstanding Buckingham blasted all the Raccalta's of his Counsels and the Prospect of his future Happiness placed in the Spanish Match yet he shall become the Duke's Advocate herein and note his Fidelity Constancy and Conduct in breaking it off and from his Disciple become his Master and teach him that Dolosus versatur in Generalibus and also keep back the Earl of Bristol from coming to the Parliament that he might not spoil the â—ine Tale the Duke had told yet at other times the King would say If he had sent Williams into Spain with his Son he had kept Heart-ease and Honour both which he lacked See the first part of the Bishop of Litchfield fol. 168. tit 174. The Duke thus doubly engaged resolved to break the Spanish Match and to dispose the King James to it the Prince writes to him That he must look upon his Sister the Queen of Bohemia and her Children never thinking more of him and forgetting he ever had such a Son Though it be evident the generous Spaniards were far enough from entertaining such a thought however Buckingham's Behaviour might have prompted them to it that by the Authority of Litchfield and Rushworth they entertained him
to procure a private Audience of the King tho he often desired it but what the Duke assisted at Inoiosa impatient of any longer Delay about the latter end of April 1624 contrived this Expedient to put the following Paper into the King's Hand he and Don Carlo de Colonna came adventurously to White-Hall and whilst Don Carlo held the Prince and Duke in earnest Discourse Inoiosa put this Paper into the King's Hand with a Wink that the King should put it into his Pocket wherein 1. He terrifies the King that he was not or could not be acquainted with the Passages either of his own Court or of the Parliament for he was kept from all faithful Servants that would inform him by the Ministers of the Prince and Duke and that he was a Prisoner as much as King John of France in England or King Francis at Madrid and could not be spoken with but before such as watched him 2. That there was a strong and violent Machination in hand which had turned the Prince a most obedient Son to a quite contrary Course to his Majesty's Intentions 3. That the Council began last Summer at Madrid but was lately resolved on in England to restrain his Majesty from the Exercise of the Government of his Kingdoms and that the Prince and Duke had designed such Commissioners under themselves as should intend great Affairs and the Publick Good 4. That this should be effected by beginning of a War and keeping some Companies on foot in this Land whereby to constrain his Majesty to yield to any thing chiefly being brought into Straits for want of Monies to pay the Souldiers 5. That the Prince and Duke's inclosing his Majesty from the said Ambassador and other of his own Loyal People that they might not come near in private did argue in them a fear and distrust of a good Conscience 6. That the Emissaries of the Duke had brought his Majesty into Contempt with the potent Men of this Realm traducing him for slothful and unactive for addiction to an inglorious Peace while the Inheritance of his Daughter and her Children is in the Hands of his Foes and this appear'd by a Letter which the Duke had writ into Holland and they had intercepted 7. That his Majesty's Honour nay his Crown and Safety did depend upon a sudden Dissolution of the Parliament 8. They loaded the Duke with sundry Misdemeanours in Spain and his violent Opposition to the Match 9. That the Duke had divulged the King's Secrets and the close Designs between his Majesty and their Master King Philip about the States of Holland and their Provinces and laboured to put his Majesty out of the good Opinion of the Hollanders 10. That the Duke was guilty of most corrupt dealing with the Ambassadors of divers Princes 11. That all these things were carried on in the Parliament with an head-strong Violence and that the Duke was the cause of it who courted them only that were of troubled Humours 12. That such Bitterness and Ignominies were vented in Parliament against the King of Spain as were against all good Manners and Honour of the English Nation The 13th is a flat Contradiction to the Precedents wherein they made the Prince privy to dangerous things yet in this they say That the Puritans of whom the Duke was Head did wish they could bring it about that the Succession of the Kingdom might come to the Prince Palatine and his Children in right of the Lady Elizabeth In a Postscript the Paper prayed the King That Don Francisco Carondelet Secretary to the Marquess Inoiosa might be brought to the King when the Prince and Duke were sitting in the Lords House to satisfy such Doubts as the King might raise which was performed by the Earl of Kelly who watch'd a fit Season at one time for Francisco and for Padre Maestro a Jesuit at another time who told their Errand so spitefully that the King was troubled at their Relations How far the Spanish Ambassador Carondelet and the Jesuit Maestro could make good this Paper I cannot tell nor does the Bishop say however the King was apprehensive that the Parliament was solicitous to engage him in a War for the Palatinate which he so dreaded that as the Bishop says he thought scarce any Mischief was so great as was worth a War to mend it wherein the Prince did deviate from him as likewise in his Affection to the Spanish Alliance But he stuck at the Duke more whom â—e defended in one part to one of the Spanish Ministers yet at the same time complaining That he had noted in him a turbuleâ—â— Spirit of late and knew not how to mitigate it so that casting up the Sum he doubted it might come to his turn to pay the Reckoning These Thoughts so wrought upon the King that his Countenance fell suddenly that he mused much in Silence and that he entertained the Prince and Duke with mystical and broken Speeches this nettled them both and enquiring the Reason they could not go further than that they heard the Spanish Secretary and the Jesuit Maestro had been with the King and understood that some in the Ambassador's House had vaunted that they had nettled the Duke and that a Train would take fire shortly to blow up the Parliament In this Perplexity the King prepared to take Coach for Windsor to shift Ground for some better Rest in this Unrest and took Coach at St. James's Gate and the Prince with him and found a slight Errand to leave Buckingham behind as the King was putting his Foot into the Coach the Duke besought him with Tears in his Eyes and humble Prayer that his Majesty would let him know what could be laid to his Charge to offend so good and gracious a Master and vowed by the Name of his Saviour he would purge it or confess it The King did not satisfy him but breathed out his Disgust that he was the unhappiest alive to be forsaken of them that were dearest to him which was uttered and received with Tears from his own Eyes as well as the Prince's and Duke's and made haste to Windsor leaving the Duke behind this was upon Saturday at the end of April The Duke forlorn retires to Wallingford-House and was in such Confusion and Distraction that when my Lord Keeper who had notice of all these things and was more careful of the Duke than he could be of himself came to him he found the Duke lying upon his Couch in that immoveable Posture that he would neither rise up nor speak tho the Keeper invited him to it twice or thrice by courteous Questions The Keeper told him by the Faith of a deep Protestation that he came purposely to prevent more Harm and to bring him out of that Sorrow into the Light of the King's Favour That he verily believ'd God's directing Hand was in it to stir up his Grace to advance him to those Favours which he possessed to do him Service at this Pinch of Extremity
more but to tell me who is your Ingineer that struck these Sparks out of the Flint to light the Candle to find the Groat which was lost The Prince stood mute and the Duke vowed he knew not the Author Well said the King I have a good Nostril and will answer mine own Question my Keeper had the main finger in it I dare swear he bolted the Flower and made it up into Past Sir said the Prince I was precluded by my Promise not to reveal him but I never promised to tell a Lie for him your Majesty has hit the Man And God do him good for it says the King I need not tell you both what you owe him for this Service he has done himself this Right with me that I discern his Sufficiency more and more This you may read in the Keeper's Life Part 1. from fol. 195 to fol. 200. and much more of the Bishop but I think but little more of the Keeper And tho the Spanish Ambassador received a sore Rebuke here and was sent back into Spain the Bishop says he received no Frown nor Disfavour there Now let 's see how the Duke requited the Keeper for his Service which was but in May In the beginning of Michaelmas-Term following the Duke perswaded my Lord Chief Justice Hobart to tell the King or give it under his hand that my Lord Keeper was not fit for the Place and he would undertake to cast the Keeper out and put my Lord Hobart into his place but my Lord Hobart said Somewhat might have been said at first but he should do my Lord Keeper great wrong that said so now See fol. 201. However such was the Temper of the Times that both Houses chimed in with the Duke in his Narrative and justified him against the Spanish Ambassador who took great Offence at the Duke's Relation as reflecting upon his Master's Honour and demanded his Head for Satisfaction The King was so pleased with the Parliament's Justification of the Duke as we have shewed before that as he had been his Favourite Somerset's Advocate to plead his Cause against the Opinion of Archbishop Abbot to make the Countess of Essex to be virgo intacta and so a fit Wife for Somerset so now he becomes his Disciple Buckingham's Advocate to make him a Favourite to the Nation and because of the Excellency and veracity of his Speech which should dispose the Nation to it we 'll give it you verbatim as it is to be seen in Rushworth fol. 127. My Lords and Gentlemen I Might have nothing to speak in regard of the Person whereof you spake but in regard of your Motion it were not civil for if I be silent I shall neither wrong my self nor that Noble Man which you now spake of because he is well known to be such an one as stands in no need of a Prolocutor or Fideâ—ussor to undertake for his Fidelity or well carrying of the Business And indeed to send a Man upon so great an Errand whom I was not to trust for the Carriage thereof were a Fault in my Discretion scarce compatible to the Love and Trust I bear him It is an old Saying That he is a happy Man that serves a good Master and it is no less true That he is a happy Master that enjoys a faithful Servant The greatest Fault if it be a Fault or at leastwise the greatest Error I hope he shall ever commit against me was his desiring this Justification from you as if he had need of any Justification from others towards me and that for these Reasons First Because he being my Disciple and Scholar he may be assured he will trust his own Relation Secondly Because he made the same Relation to me which he did afterwards to both Houses so as I was formerly acquainted with the Matter and Manner thereof and if I should not trust him in the Carriage I was altogether unworthy of such a Servant He hath no Interest of his own in the Business He had ill Thoughts at home for his going thither with my Son altho it was my Command as I told you before and now he hath as little Thanks for his Relation on the other part he has the Thanks of the Parliament yet he that serves God and a good Master cannot miscarry for all this I have noted in the Negotiation these three remarkable things Faith Diligence and Discretion whereof my Son has born Record unto me yet I cannot deny That as he thought to do good Service to his Master he has given an ill Example to Ambassadors in time to come because he went this long Journey upon his own Charge This will prove an ill Example if many of my Ambassadors should take it for a Precedent He run his Head into the Yoke with the People here for undertaking the Journey and when he had spent there 40 or 50000 l. where should he have this Money never offered his Account nor made any Demand for the same nor ever will I hope other Ambassadors will do so no more I am a good Master that never doubted him for I know him to be so good a Scholar of mine that I say without Vanity he will not exceed his Master's Dictates and I trust the Report not the worst he made because it is approved by you all and I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I find you have done Did ever any old experienced King as he stiles himself so dote upon a young raw and unexperienced Gentleman bred up in no sort of Learning or Business and scarce before he became a Courtier unless in his Infancy breathed any other than French Air as in the face of the Nation to magnify an invidious Tale told by the Duke to the Offence not only of the Spanish Ambassador conversant in the whole Affair but also without hearing the Earl of Bristol who was the greatest Statesman of England if not in Europe and who had so honourably performed several Embassies to the Honour of the King so far as the thing would bear and so manifoldly owned by the King That this Scholar of the King 's unacquainted with the Treaty should break in upon the Earl and not only unravel all but quarrel with him and in another King's Court with the prime Minister of State by whom he might best have attained his End if he designed any However the Parliament address themselves to the King and represent to him That he cannot in Honour proceed in the Treaty of the Match with Spain nor the Palatinate and the Commons offer the King three Subsidies and three Fifteenths for carrying on the War for the Recovery of the Palatinate in case the King will break off the Treaties which the King accepted protesting to God a Penny of this Money should not be bestowed but upon this Work and by their own Committees and the Commons took him at his Word and appointed
Treasurers to receive the Money and a Council of War to disburse the same But the Commons having granted these Subsidies drew up a Petition against the Licence the Popish Party had taken during the Treaty with Spain He was so nettled at it that he called it a Stinging One and hearing the Commons were entring upon Grievances he could not endure it and upon the 29th of May adjourned the Parliament to the 2d of November 1624 and from thence to the 7th of April lest the King should hear of another stinging Petition or a Disturbance in the French Treaty but at this Adjournment he told them at their next Meeting they might handle Grievances so as they did not hunt after them nor present any but those of Importance yet I do not find the Parliament ever met again at least never did any thing However the King passed a General Pardon and the Parliament censured Lionel Earl of Middlesex Lord Treasurer for Corruption in his Office 50000 l. to the King and to be imprisoned in the Tower during the King's Pleasure which was but three days after the Adjournment of the Parliament for upon the first of June he was set free Whilst these things were doing in Parliament the Earl of Bristol was recalled from his Embassy but before his Arrival the Duke dealt by all means that the Earl might be committed to the Tower before he should be admitted to the King's Presence But fearing the Marquiss Hamilton and my Lord Chamberlain would oppose him herein the Duke pressed them that they would concur in it vowing as Somerset did to Sir Thomas Overbury he intended the Earl no hurt but only feared that if he should be admitted to the King's Presence he would cross and disturb the Course of Affairs but neither of these Lords would condescend thereunto This was attested by my Lord Chamberlain before the House of Lords This Deâ—â—gn of the Duke's failing the Duke to terrify the Earl from returning into England writ to him that if he kept not himself where he was in Spain and laid hold of the great Offers which he heard were made unto him the Earl it should be the worse for him At Bourdeaux the Earl heard of the Aspersions cast upon him by the Duke in Parliament of which the Earl did boldly afterward in the House of Lords in the second Parliament of Car. 1. and in the Presence of the Duke affirm That there was scarce any one thing concerning him in the Declaration which was not contrary to or different from Truth From Bourdeaux the Earl took Post to get into England to vindicate himself from the Asperâ—ons which the Duke had cast upon him in Parliament but when he came to Calais tho he sent over to have one of the King's Ships allowed him and for which publick Orders were given and tho the King James had Ships which lay at Boloign which might have every day been with him in three Hours and the Wind fair yet none came tho the Earl waited for one eight Days so that he was forced to pass the Sea to Dover in a Boat and six Oars When the Earl was landed at Dover he was by a Letter from my Lord Conway a Creature of the Duke's commanded in the King's Name to retire to his House and not to come to Court or the King's Presence until he had answered to certain Questions which his Majesty would appoint some of the Council to ask him but this was not out of any ill meaning to him but for fear the Parliament should fall too violently upon him and this the Duke said to some of his Friends was the Reason of the Earl's Restraint Hereupon the Earl humbly petitioned the King he might be exposed to Parliament and that if he had not served the King honestly in all things he deserved no Favour but to be proceeded against with all Severity but received Answer from the King That there should be but few days past before he would put an end to his Affairs but the Parliament was adjourned before the few days passed nor did he ever put an end to them You may read the further Contrivances against him by the Duke in Rushw from fol. 259 to 265. After the Adjournment of the Parliament or if you will the Dissolution of it tho the Earl of Bristol could not obtain Admission into the King's Presence yet he obtained Leave to answer to all the Duke had in his Absence charged upon him in Parliament and withal wrote to the Duke that if he or any Man living was able to make Reply he would submit himself to any thing which should be demanded which tho the Duke presumptuously said That it is not an Assertion to be granted that the Earl of Bristol by his Answer had satisfied the King the Prince or himself of his Innocence yet it so satisfied the King that when the Duke after pressed the King that the Earl might submit and acknowledg his Fault the King answered I were to be accounted a Tyrant to engage an innocent Man to confess Faults of which he was not guilty Tho the Earl said he could prove this upon Oath yet the Duke wrote to him that the Conclusion of all that had been treated with his Majesty was that he the Earl should make the Acknowledgment as was set down in that Paper tho at that time the King sent him word that he would hear him against the Duke as well as he had heard the Duke concerning him and soon after the King died which Promise of the King 's the Earl prayed God did the King no hurt however the Earl obtained Leave of the King to come to London to follow his private Affairs Mr. Rushworth therefore errs a little in point of time where he says fol. 149. the Earl was committed to the Tower in King James his time for he was not committed till the 15th of January 1625. in the first Year of King Charles as you may see in Stow's Life of King Charles fol. 1042. We have now done with the Spanish Match at least during this King's Reign yet the King's Desires of seeing his Son married which he shall never see were as impatient as those of getting the Infanta's huge Portion and to that end before the Meeting of the Parliament and while the Treaty with the Infanta was yet breathing the King sent my Lord Kensington after Earl of Holland to feel the Pulse of the French Court how it beat towards an Alliance between the Prince and Princess Henrietta Maria youngest Daughter of Henry IV. of France A serene Heaven appeared in France upon the Motion not a Cloud to be seen in all the French Horizon Lewis the King telling my Lord Kensington he took it for an Honour that he sought his Sister for the sole Son of so Illustrious a King his Neighbour and Ally only he desired he might send to Rome to have the Pope's Consent for the better Satisfaction of his Conscience And now you
two Treaties which were for the Spanish Match and Recovery of the Palatinate and that his Father being thereby engaged in a War for the Recovery of the Palatinate they would now assist him in the carrying of it on The Speech you may read in Rushworth fol. 175 176. But Mr. Rushworth is mistaken and I wonder Nalson and Franklin took no notice of it that my Lord Keeper Coventry did second it for it was my Lord Keeper Williams whose quaint and learned Speech you may read in the second Book of the Life of the Keeper by the Bishop of Litchfield fol. 9 10. Nor was Williams displaced till the 23d of October following as you may see fol. 27. The Commons before they enter'd upon Grievances Sir Edward Coke moving it to ingratiate themselves with the King voted him two entire Subsidies and the last Parliament but the Summer before gave his Father three Subsidies and three Fifteens which were more than ever any Parliament granted the King in threefold the time before But that we may better look forward look a little back King James upon the Rreach of the Spanish Match put forth a Proclamation for putting the Laws in Execution against Popish Recusants but upon the first of May King Charles sent this Warrant to my Lord Keeper Williams Charles Rex RIght Reverend and Right Trusty c. Whereas we have been moved in Contemplation of our Marriage with the Lady Mary Sister of Our dear Brother the Most Christian King to grant to Our Subjects Roman Catholicks a Cessation of all and singular Pains and Penalties as well Corporal as Pecuniary whereunto they be subject or any ways may be liable by any Laws Statutes Ordinances or any thing whatsoever or for or by reason of their Recusancy or Religion in every Matter or thing concerning the same Our Will and Pleasure is and we do by these Presents authorize and require you upon the Receipt hereof That immediately you do give Warrants Order and Directions as well unto all our Commissioners Judges and Justices of the Peace as also unto all other our Officers and Ministers as well Spiritualas Temporal respectively to whom it may appertain that they and every of them do forbear all and all manner and cause to be forborn all manner of Proceedings against our said Subjects Rom. Catholicks and every of them as well by Information Presentment Indictment Conviction Process Seizure Distress or Imprisonment or any other Ways and Means whatsoever whereby they may be molested for the Causes aforesaid And further also That for time to come you take notice of and speedily redress all Causes and Complaints for or by reason of any thing done contrary to this our Will and this shall be unto you and to all to whom you shall give such Warrant Order or Direction sufficient Warrant and Discharge in that Behalf And this is so much more remarkable that this Warrant was granted when Buckingham was so busy in setting out the Fleet against the Rochellers Here was a Suspension of the Laws with a Witness by the King 's absolute Will and Pleasure notwithstanding all the Officers by Law were under the Obligations of their Oaths to the contrary and for the first-Fruits of this Warrant the King granted upon the 10th of May a special Pardon to twenty Roman Priests of all Offences committed by them against the Laws Can any Man now believe that the Parliament 18th Jac. should be so jealous that the Spanish Match would be a Door to let in a Toleration of Popery and therefore advised the King to break off the Match with Spain and yet this Parliament should be so purblind as not to see this put in Execution at the Instance of the French in this King's Reign especially whenas the Spaniards unless in the Reign of Queen Elizabeth were the English Friends and Allies and with whom the English had a most beneficial and gainful Trade for 22 Years in King James's Reign whereby they became doubly more enriched than in the 44 Years Reign of Queen Elizabeth whereas the French as they were a Neighbouring Nation were ever faithless and Enemies to the English Nation and with whom it always had a Trade to the English Loss as much to the enriching France as to the impoverishing the English Hereupon the Commons sent Sir Edward Coke with a Message to the Lords to desire their Concurrence in a Petition to the King against Recusants which was agreed to and presented to the King who answered That he was glad the Parliament were so forward for Religion and assured them they should find him as forward that their Petition being long could not be presently answered Nor were the Commons less alarmed at the countenancing the Arminian Sect whose Tenets next to Laud Mr. Richard Mountague propagated and about the latter end of King James his Reign published a Book entituled A new Gag for an old Goose which the Parliament took notice of and referred it to the Archbishop of Canterbury who disallowed it and sought to suppress it and ended in an Admonition given to Mountague but after King James his Death who was an Enemy to these Tenets Mountague then printed it again and dedicated it to King Charles now Buckingham and Laud ruled all Hereupon the Commons brought Mountague to the Bar of their House and appointed a Committee to examine the Errors therein and gave Thanks to the Arch-bishop for the Admonition to Mountague whose Books they voted to be contrary to the Articles established in the Parliament to tend to the King's Dishonour and Disturbance of the Church and State and took Bond of Mountague for his Appearance But the King intimated to the House that the things determined concerning Mountague without his Privity did not please him for he was his Servant and Chaplain in ordinary and that he had taken the Business into his own Hands whereat the Commons seemed much displeased This was the first Breach between the King and Commons and here let 's see what hasty Steps Laud took to fulfil King James his Prophecy of him in making Dissensions and to be a Fire-brand to set the Nation on fire by fomenting and exasperating the Factions in it In this Act of Mountague you may observe a twofold Crime First his Contempt and Disobedience to the Church of England which Laud pretended so much to exalt and to the Parliament that his Book being questioned in Parliament and by the Commons committed to the Arch-bishop who not only disallowed and suppressed it but Mountague being admonished against it he should upon King James his Death presume to reprint it in Defiance to the Metropolitan of England contrary to his Canonical Obedience and to the Commons thereby to make a Dissension between the King and them And secondly his being so audacious as to dedicate it to the King thereby to engage the King in defence of his Arrogance and Disobedience and for a Reward of this special Piece of Service before King James was two
they might But these were no Considerations where Buckingham and Laud govern'd all and those worthy and honourable Statesmen the Archbishop of Canterbury the Keeper Williams and the noble Earl of Bristol were not only discountenanc'd but disgrac'd and not permitted to come into the Council How unsuccessful soever the Expedition was yet another Fate attended that Fleet lent to the French for the Dutch joining a Fleet in conjunction with the French Fleet commanded by the Duke of Momerancy fought the Fleet of the Rochellers and utterly subdued it and then reduced the Isles of Rhee and Oleron to the French Power But tho the miserable Fate of the Reformed began here yet the Dishonour of the English Nation shall soon after follow it so that now Richlieu might write florebunt Lilia Ponto Tho the King dissolved the first Parliament to prevent their impeaching Buckingham yet it was not in Buckingham's Power to supply the King's Necessities but they put him upon the Necessity of calling another And here you may see the little Artifices the King 's grand Ministers of State put him upon for the attaining his Ends and how quite contrary they succeeded There were five Persons whom the Duke took to be his Enemies if they were not so he had given them Cause enough to be so two of them were Peers and three of them Commoners the Peers were the Earl of Bristol and Bishop of Lincoln the Commoners were Sir Edward Coke Sir Robert Phillips a Person whose Memory I revere and should be glad I knew any of his Descendants to whom I could acknowledg it and Sir Thomas Wentworth these Persons the Duke feared would be leading Men in both Houses and was resolved that to his Power he would keep them out He was sure the Earl and the Bishop as Peers of Common Right would have their Writs of Summons and was as sure the other three would be chosen Members of the House of Commons In looking a little back you 'll better see forward You have heard how by the Duke's Power in King James's Reign the Earl of Bristol was first kept back from coming into England and after he was come over was kept under Restraint and denied Admission into the King's Presence lest he should have spoiled the Duke's fine Tale in Parliament concerning the Spanish Match and also after he had answer'd every Particular of it without any Reply and that after King James had promised the Earl should be heard in Parliament against the Duke as well as the Duke had been against the Earl King James fell sick and died thereupon before the Parliament met again After King James's Death the Earl wrote a most humble Letter to King Charles imploring his Favour and desiring the Duke's Mediation which the Duke answered the 7th of May 1625 that the Resolution was to proceed against him without a plain and direct Confession of the Point which he the Duke had formerly required him to acknowledg and in a courtly manner told him That he would advise him to bethink himself in time what would be most for his good In the mean time the Earl received his Writ of Summons to the Parliament whereupon the Earl sent to the Duke that he would do nothing but what was most agreeable to his Majesty's Pleasure which the Duke answered I have acquainted his Majesty with your Requests towards him touching your Summons to the Parliament which he taketh very well and would have you rather make your Excuse for your Absence notwithstanding your Writ than to come your self in Person Hereupon the Earl desired a Letter of Leave under the King's Hand for his Warrant but instead thereof he received from the Lord Conway an absolute Prohibition and even to restrain and confine him as he had been in King James's time tho the Earl was freed from it by King James and in this Restraint the Earl continued three Quarters of a Year during which time he was remov'd from all his Offices and Places he held during that King's Life and tho he had laid out the greatest part of his Estate for their Majesties Service and by their particular Appointment he could never be admitted so much as to clear his Accounts yet hereof the Earl never made the least Complaint Upon the King's Coronation when Princes usually confer Acts of Grace and Favour the Earl addressed himself to the Duke and then became an humble Suitor to the King for his Grace and Favour to which he receiv'd an Answer so different from what the King's Father and the King himself had given him since the Earl's Return into England that the Earl knew not what Construction to make of it After the Writs of Summons for the meeting of this Parliament were out the Earl addressed himself to my Lord Keeper Coventry to be a Suitor to the King in his behalf that the Privilege which of right is due to every Peer might not be denied him which not taking effect the Earl petitioned the House of Peers to mediate to the King for his Writ which was granted but accompanied with a Letter from the Keeper not to take his Place in Parliament As Bristol was the worthiest Statesman in either of these King's Reigns and whose Integrity in all these Varieties of Employments none but Buckingham and Conway presumed at least that I can find or ever heard of so much as to carp at so Lincoln's quaint and excellent not pedantick Learning both in Divinity History the Civil and Canon Law and not a Stranger to our English excelled all others These were adorned with a lively and excellent Elocution and with a wonderful promptness and presence of Mind in giving Judgment in the most nice and subtile dark Points of State and accompanied with an indefatigable Industry in Prosecution of them These Parts were so well observed in him by King James that without any Solicitation of Buckingham or any other but whilst he solicited for another the King conferr'd the Lord Keeper's Place upon him as you may read in his Life fol. 52. tit 62. and after unsought for the King promised him the next Avoidance of the Arch-bishoprick of York or any other Ecclesiastical Preferment and so steddy stood he in King James's Favour that Buckingham's Attacks could no ways shake him in it In Chancery he mitigated the Fees and all Petitions from poor Men were granted gratis and was so far from prolonging Suits that in the first Year he ended more than in seven Years before yet with such Caution that he would have some of the Judges but principally Sir Henry Hubbard to be assisting so that notwithstanding his Celerity in Dispatch in all the five Years of his being Lord Keeper not one of his Orders neither by Parliament nor by the Court of Chancery were ever revers'd Cardinal Richlieu is much celebrated for the Speech he made in the Convention of Notables which you may read at large in Howel's Life of Richlieu f. 162 163 164. to excite
at the Duke of Buckingham and wonders what had altered their Affections to him when in the last Parliament of his Father's time he was their Instrument to break the Treaties for which they did so honour and respect him that all the Honour conferred upon him was too little He wot not what had chang'd their Minds but assures them that the Duke had not meddled with or done any thing concerning the Publick but by his special Directions and was so far from gaining any Estate thereby that he verily thinks the Duke rather impaired the fame He would have them hasten the Supplies or it will be the worse for them for if any Ill happens he thinks he shall be the last that shall feel it The Commons had yet fresh in Memory the Dissolution of the Parliament at Oxford about six Months before and what Trust there was to this King's Word for Redress of Grievances so as it was done in a dutiful and mannerly Way after they had given Money and therefore they little altered their Course from what they had done at Oxford yet more than Parliaments heretofore did to have Grievances first redress'd and then to give Supplies for they voted to proceed upon Grievances and to give the King three Subsidies and three Fifteenths This gave the Duke little Satisfaction so that the King himself became the Duke's Advocate and told the Commons in a Speech which you may read in Rushw fol. 225. that he came to inform the Commons of their Errors and unparliamentary Proceedings so that they might amend their Faults which was enlarged by my Lord Keeper Coventry who told them of the King's Necessities and his Patience in Expectation of Supplies and of the King's Promise of Redress of Grievances after Supplies were granted That the Enquiry upon sundry Articles against the Duke upon Câ—nanâ—n Fame was to wound the Honour and Government of his Majesty and of his renowned Father and therefore it was his Majesty's final and express Command that they yield Obedience to those Directions which they formerly receiv'd and cease their unparliamentary Proceedings against the Duke and leave to his Majesty's Care Wisdom and Justice the future Reformation of those things which they supposed to be otherwise than they should be and that the King took notice that they had suffered the greatest Council of State The Duke and Laud to be censured and traduced by Men whose Years and Education cannot attain to that Depth Why then were the old Members kept out of the House which could have better informed them and that the three Subsidies and three Fifteenths were no ways proportionable to supply the King's Necessities c. and concludes that his Majesty doubts not but after this Admonition they will observe and follow it which if they do his Majesty is most ready to forgive all that is past Then the King added that in his Father's time by their Perswasion he was their Instrument to break off those Treaties and that then no Body was in so great Favour with 'em as the Man they seem now to touch but indeed his Father's Government and his and that Parliaments are altogether in his Power for their Calling Sitting and Dissolution and as he finds the Fruits they are to continue or not to be But if the Commons Proceedings against the Duke were erroneous and unparliamentary and through the Duke's Sides wounded not only the King's Government but that of his renowned Father and that the young Men in this House of Commons had censured and traduced the King's highest Council of State you shall now hear of an old Statesman in the House of Lords which shall not only cease the Wonder which caused the Parliament in the 21st of King James so to applaud the Duke but shall wound the whole Story which begat that great Applause to the Duke You have heard before how the Earl of Bristol was stopp'd at Calais from coming over into England after his Return out of Spain and after he came to Dover when the Duke could not prevail upon Marquiss Hamilton and the Earl of Hertford to have the Earl sent to the Tower upon his Arrival in England how he was stopp'd by a Letter from the Lord Conway that he should not come to Court nor to the King's Presence till he had answered to some Queries which his Majesty would appoint some of the Lords of the Council to ask him which was not done till the Parliament was adjourned and never met more and how after King James's Death the Earl was not only kept from his Liberty and the King's Presence but removed from all his Offices and Employments and not suffered to come to an Account for the Moneys expended in the King's Service and not permitted to come to the Parliament which was dissolved at Oxford Upon the King's Summons of this Parliament the Earl petitions the King to have his Writ of Summons which was never denied to any Peer to assist in the House of Peers but he received an Answer by the Lord Conway That the King was no ways satisfied in it and propounded to the Earl Whether he would rather sit still and enjoy the Benefit of the late King's Pardon in Parliament or to wave it and put himself upon Trial for his Negotiation in Spain and one of these he must trust to and give a direct Answer The Earl in Answer said He had been already question'd upon 20 Articles by a Commission of the Lords and had given such Answers that their Lordships never met more about that Business and that he did not wave the Pardon granted by King James in Parliament These Letters you may read at large in Rushworth fol. 138 139 140. Hereupon the Earl petitions the House of Lords shewing that he being a Peer of this Realm had not received his Writ of Summons to Parliament and desires their Lordships to mediate with his Majesty that he may enjoy the Liberty of a Subject and the Privilege of his Peerage after almost two Years Restraint without any Trial brought against him and that if any Charge be brought against him he prays he may be try'd by Parliament Hereupon the Lords petition the King that not only the Earl of Bristol but all such other Lords whose Writs are stopt except such as are made uncapable to sit in Parliament by Judgment of Parliament or some other legal Judgment may be summoned This nettled the Duke to the quick so that he told the House the King had sent the Earl his Writ but withal deliver'd such a Letter which the King sent to the Earl which I care not to transcribe but you may read it in Rushworth fol. 241. wherein this great Statesman Buckingham would have the Earl judged and censured by the King without hearing the Earl and thereby forestal the Judgment of the Lords against the Earl It 's true indeed my Lord Keeper Coventry sent the Earl a Writ of Summons to attend in Parliament but withal signified by a Letter
to the Earl that it was his Majesty's Pleasure withal no doubt but by the Advice of his highest Council of State that the Earl should continue in the same Restraint he was so that he forbear his personal Attendance in Parliament But since the Duke could no longer otherways keep the Earl out of the House of Lords the King by my Lord Keeper signified to the Lords that his Pleasure was they should send for the Earl as a Delinquent to answer Offences committed against him before his going into Spain and since his coming back and his scandalizing the Duke of Buckingham immediately and by Reflection upon himself with whose Privity and Direction the Duke guided his Actions and without which he did nothing And now Sir Robert Heath the King's Attorney-General exhibited eleven Articles against the Earl it was thought fit to leave out the other nine which the Earl had answered to King James without any Reply and in the last of these the Earl is charged with giving the King the Lie in offering to falsify that Relation which his Majesty affirmed and thereunto added many things of his own Remembrance to both Houses of Parliament which you may read at large in Rushworth's Collections from fol. 153 to 158. Hereupon the Earl exhibited a Charge of High Treason and Misdemeanours in twelve Articles against the Duke and another against the Lord Conway of High Misdemeanours which you may read at large in Rushworth from fol. 266 to 270. And upon the Delivery of them the Earl desired a Copy of the King's Charge against him in Writing and time allowed to answer and Counsel assigned him and said there was a great Difference between the Duke and him for the Duke was accused of Treason and at large and in the King's Favour and that he being but accused of that which he had long since answered was a Prisoner and therefore moved the Duke might be put in equal Condition which tho the House did not yet were not satisfied to commit the Earl to the Tower and order'd That the King's Charge against the Earl should be first heard and then the Earl's against the Duke yet so that the Earl's Testimony against the Duke be not prevented prejudiced or impeached The King in a Message to the Lords by my Lord Keeper would have blasted the Earl's Articles against the Duke for two Reasons if they may be called so The first was That the Narrative made in the 21 Jac. in Parliament trenches as far upon him as the Duke for that he went therein as far as the Duke But what then Shall not the Earl be heard in his Defence against that Declaration which was designed to blast the Earl's Honour and Integrity and Justice is no Respecter of Persons The other was That all the Earl's Articles have been closed in his Breast now these two Years contrary to his Duty if he had known any Crime of that nature against the Duke and now he vents it by Recrimination against the Duke whom he knows to be a principal Witness to prove his Charge against the Earl This is strange for his Majesty's Reign was scarce yet a Year old and all this while the Earl was under a Restraint and not permitted to come to the Parliament which ended at Oxford and in his Father's Reign after the Earl had answered all the Duke's Articles against him without any Reply King James promised him he should be heard against the Duke as well as he was against him tho he lived not to make good his Promise Now let 's see the Levity of this Prince the necessary Concomitant of Wilfulness and which he pursued in every step of his Reign without any Remorse that I could ever find for the Lodgment of the King's Charge against the Earl in the House of Lords was scarce cold whenas it was endeavoured to take the Earl's Cause out of the House and to proceed against him in the King's-Bench But why must this be at this time of day and while a Parliament was sitting And why was not this done in the King's Father's Life or in this King's Reign And why must two years pass and this way of charging the Earl never thought of which now must be done in all haste But the Lords put a full stop to this and for these Reasons 1. For that in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after Publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have learned Counsel to assist them in their Defence And their Lordships declared they would give their Assents thereto because in all Causes as well Civil as Criminal and Capital they hold that all lawful Help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned 2. The Earl of Bristol by his Petition to the House complained of his Restraint desiring to be heard here as well in point of his Wrongs as in his Accusations against the Duke whereof his Majesty taking Consideration signified his Pleasure by the Lord Keeper April 20 That his Majesty was resolved to put his Cause upon the Honour and Justice of this House and that the Earl should be sent for as a Delinquent to answer the Offences he committed in his Negotiations before his Majesty's going into Spain whilst his Majesty was there and since his Return and that his Majesty would cause these things to be charged upon him in this House so as the House is fully possessed of the Cause as well by the Earl's Petition as the King's Consent and the Earl brought up to the House as a Delinquent to answer his Offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if the Earl be proceeded withal by way of the Kings-Bench these dangerous Inconveniencies will follow 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberty of the House will be thereby infringed the Honour and Justice of it declined contrary to the King's Pleasure expresly signified by my Lord Keeper all which are expresly against the Order 5. The Earl being indicted it will not be in the Power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true Meaning of the Order and the King's Pleasure signified and preserve the Liberties of the House and protect one from Injury will be To have the Charge delivered into the House in Writing and the Earl to set down his
Answer in Writing and that the Witnesses on both sides be examined and Evidences on both sides heard by such Course and manner of Proceedings as shall be thought fit by the House And if upon a full Hearing the House shall find it Treason then to proceed by way of Indictment if doubtful in point of Law to have the Opinion of the Judges to clear it if doubtful in Matter of Fact then to refer it to a legal Trial at Law and that the rather for that 1. It appears that the Earl in the space of two Years till now he complained has not so much as been questioned for Matter of Treason 2. He has been examined upon twenty Interrogatories and the Commissioners satisfied that his Answer would admit of no Reply 3. The Lord Conway by several Letters hath intimated that there is nothing against him but what was pardoned by the Parliament of the 21st of Jac. and signified his Majesty's Pleasure that he might rest in that Security and sit still 4. That his Majesty had often declared to the Countess of Bristol and others that there was neither Treason nor Felony against the Earl nor ought else but what a small Acknowledgment would expiate The Earl in Conformity to this Order answered every Particular of the King's Charge against him without any Reply but it would be a wonderful Discovery to find an Answer to any one Particular of the Earl's Charge either against the Duke or my Lord Conway The Commons at the same time impeached the Duke of high Misdemeanours in a Charge of thirteen Articles whereof that of the Death of King James was one but to the Displeasure of the King so far as to commit Sir Dudley Diggs and Sir John Elliot to the Tower for it and the Commons sent a Message to the Lords by Sir Nathaniel Rich by an unanimous Vote to commit the Duke to safe Custody which I do not find the Lords did nor did the imprisoned Members lie long in the Tower for the King signified to the House that Sir Dudley Diggs did not speak the Words for which the King committed him and soon after Sir John Elliot was discharged However the Commons ran high against the Duke with a Protestation That till he were removed from meddling with State-Affairs they were out of all hopes of any good Success and did fear that any Money which they shall or can give will through his Misemployment rather he turned to the Hurt and Prejudice of this Kingdom than otherwise as by lamentable Experience they have lately found in those large Supplies they had formerly and lately given But the Duke thus doubly stormed both by the Earl and Commons and utterly unprovided to defend himself against either and the King rather than receive the Remonstrance the Commons had prepared to present him against the Duke resolved to part with the Parliament rather than the Duke and thereby lost four Subsidies and three Fifteenths tho the House of Peers petitioned to the contrary This was upon the 15th of June 1626. The King having sent the Parliament home again sends a long Declaration after them wherein he magnifies his Power of Calling Adjourning Proroguing and Dissolving Parliaments peculiarly belonging to himself by an undoubted Prerogative inseparably united to his Imperial Crown of which as of all his other Royal Actions he is not to give any Account but to God only whose immediate Lieutenant and Vicegerent he is in these his Realms and Dominions by Divine Providence committed to his Charge yet his Purpose is so to order himself and all his Actions concerning the Weal of his Kingdoms as may justify themselves not only to his own Conscience and to his own People but to the whole World He thought fit to make a true plain and clear Declaration of the Reasons that enforced him to dissolve these two last Parliaments so that the Mouth of Malice it self might be stopt and the deserved Blame of so unhappy Accidents may justly fall upon the Authors thereof The King says That when he came first to the Crown he found himself engaged in a War against a potent Enemy Who was that Enemy Or at what time was any Declaration of any War made either against his Father or him Which after the best Search I could ever make I could never find any yet this I find that the next day after his Father's Death he and his Favourite the Duke were so eager to make a War against the King of Spain that a day must not be lost but Writs must be issued out to summon a Parliament to give Subsidies to make War against Spain See the second Part of the Keeper Williams ' s Life fol. 4. tit 2. This War the King says was not undertaken rashly nor without just and honourable Grounds but enforced for the necessary Defence of himself and his Dominions If this War were for the necessary Defence of the King and his Dominions there must be some Body that did thus offend the King and his Dominions but who this is the King neither says nor can I find For the Support of his Friends and Allies This is general so no particular Answer can be given to it but who these Friends and Allies were which were to be supported the King neither says nor can I find For redeeming the antient Honour of this Nation It had need for it was never so blasted as in his Father's and his own Reign For the Recovery of the Patrimony of his dear Sister her Consort and their Children injuriously and under colour of Treaties of Friendship taken from them The King's Father to make good the Narrative which this King and Buckingham made of the Spanish Treaty told the Parliament he was deceived by Generals and that dolosus versatur in generalibus If the King would have satisfied the World how his Brother-in-law's Patrimony was taken from him by Colour of Treaties and Friendship he should have set forth the Treaties and Friendship and by whom and when sought and by whom and when broken but of this the King says not one word and therefore that which he says stands for nothing And for the Maintenance of the true Religion Were the Ships which he and Buckingham last Year sent to subdue the Rochellers who had never given him or his Father any Offence for the Defence of the true Religion If this was not what was it this King did for the Defence of the true Religion And invited thereunto and encouraged therein by the humble Advice of both Houses of Parliament What! all this by the Advice of both Houses of Parliament I cannot find the Parliament 21 Jac. ever invited his Father to any more than to break off the Treaties of the Prince's Match with Spain and the Palatinate But what if upon the Misinformation of the Duke ex parte the Parliament had done all this yet whenas the Earl of Bristol had twice blasted the Duke's Narrative in every particular without any Reply Why
their Prince Notwithstanding the former Abuses of this Reign they proceeded with no Censures and Punishment of the King 's evil Ministers except Dr. Manwaring but only to represent to the King the Grievances of the Nation and did not impeach the Duke of Buckingham as they did in the last Parliament nor proceed upon it but only remonstrated to the King the Evils which the exorbitant Greatness of the Duke brought upon the King and Nation and how unsafe it would be to the Nation to grant Aids to the King which were misemployed for the exalting the Grandeur of the Duke However before they entred upon Grievances they voted the King five entire Subsidies which was the greatest Tax that ever was before given to any King of England at once and to be paid in the shortest time Now let 's see tho but in Epitome how these things were changed and what Returns the King made the Parliament and Nation The Unanimity of the Commons in the Gift was not less than the Gift was great being nemine contradicente which so pleased the King that he sent them word by Secretary Sir John Cooke that he would deny them nothing of their Liberties which any of his Predecessors had granted them Then the Commons fell upon Grievances and voted the Imprisonment of any Free-man by Warrant from the King or Council without a Cause alledged to be a Grievance and that the raising Monies by Loan and imposing an Oath upon the Subject to discover the Value of his Estate the Billeting of Soldiers and exercising Martial Law in time of Peace were Grievances Then several Debates arose in the House how the Subjects should be secured against these in time to come And upon the Motion of Sir Edward Coke the House agreed to sue to the King by Petition the most antient and humble Address in Parliament that his Majesty would give his People Assurance of their Rights by Assent in Parliament as he uses to pass other Acts. And hereupon the House ordered Sir Edward to draw a Petition accordingly The House agreed to the Petition and ordered Sir Edw. Coke Sir Dudley Diggs Mr. Selden and Mr. Littleton to carry it up to the Lords The Duke of Buckingham and his Creatures were zealous to stop the Petition in the House of Lords but he was much fall'n from his Lustre since his dishonourable Expedition to the Isle of Rhee last Summer and his Expedition to Cales So as his Sway in the House of Peers was much abated Besides the Bishops were not at this time all of a piece for Arch-bishop Abbot urged his own Case how he was banished from his Houses at Croydon and Lambeth while the Duke was prosecuting his Voyage to the Isle of Rhee and confined to a moorish Mansion-place at Ford to kill him and debarred from the Management of his Jurisdiction and no Cause given for it And Dr. Williams gave most learned and elegant Arguments for the Petition which you may read at large in the second Part of the History of his Life fol. 77 78 79. But this stuck close to him that neither the King nor Laud ever after forgot it which you may read fol. 96. tit 93. The Lords would not proceed to any determinate Vote before they had heard the King's Counsel against the Petition and the Commons Defence of it wherein no less time was spent than six Weeks The Managers for the Petition were Sir Edward Coke Mr. Selden Sir Dudley Diggs Sergeant Glanvile Sir Henry Martin and Mr. Mason Besides Magna Charta the Commons fortified the Petition of Right with six other Acts of Parliament explanatory of Magna Charta viz. The Statute made in the Reign of Edward I. commonly called Statutum de Tallagio non concedendo the Statute of 25 Edward III. where it is declared That from thenceforth no Person shall be compelled to make any Loans to the King against his Will because such Loans were against Reason and the Fanchise of the Land The third was the Statute of 28 Edward III. That no Man of what Estate or Condition soever should be put out of his Lands or Tenements nor Taken nor Imprisoned nor Disherited nor put to Death without being brought to Answer by due Process of Law The fourth Statute the 25 Edw. III. 9. and the sixth 9 Hen. III. 29. against exercising Martial Law in times of Peace These Statutes were so well managed by the Commons in Defence of the Petition that Sir Robert Heath who was Attorney-General and the rest of the King's Counsel pleading tho eagerly yet impertinently had nothing to say materially against them but submitted to the Judgment of the Peers However the Lords before they would put the Vote entred into a Committee of the whole House when my Lord Say moved That those Lords who stood for the Liberties of the Nation might make their Protestation and that to be upon Record and that the other opposite Party should with the Subscriptions of their Names enter their Reasons to remain upon Record that so Posterity might not be to seek who they were that so ignobly betrayed the Freedom of our Nation and this done they should proceed to Vote This struck such a Daunt upon the other Party that not one of them opposed it The Lords agreed to the Petition of Right but with this Addition or Saving We present this our humble Petition to your Majesty with the Care not only of preserving our Liberties but with due Regard to leave entire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People But the Lords did not make any determinate Vote in it but sent it to the Commons to advise upon The Bishop of Lincoln was a great Stickler for this Addition to qualify what he had said before in the Defence of the Petition which did him no good the other sticking alta mente When this Addition or Saving came down to the Commons Mr. Noy said To add a Saving is not safe doubtful Words may beget ill Construction and the Words are not only doubtful and Words unknown to us but never used in any Act or Petition before And Sir Edward Coke said This is the Multum in parvo this is propounded to the Conclusion of our Petition it is a Matter of great weight and to speak plain it will overthrow all our Petition it trenches on all the parts of it it flies at Loans at the Oath at Imprisonment and Billeting of Soldiers this turns all about again Look into all Petitions of former times they never petitioned wherein there was a Saving of the King's Soveraignty I know Prerogative is part of the Law but Soveraign Power is no Parliamentary Word In my Opinion it weakens Magna Charta and all our Statutes for they are absolute without any Saving Power and should we now add it we shall weaken the Foundation of the Law and then the Building must needs fall Take we heed what we yield unto
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
Honour nor sit with Honour here That Man is the Grievance of Grievances let us set down the Causes of all our Disasters and all will reflect on him As for going to the Lords that is not via Regia our Liberties are now impeached we are concerned it is not via Regia the Lords are not participant with our Liberties Mr. Selden advised That a Declaration be drawn under four Heads First To express the House's dutiful Carriage to the King Secondly To tender the Liberties violated Thirdly To present what the House was to have dealt in Fourthly That that great Person viz. the Duke fearing to be questioned did interpose this Distraction All this time said he we have cast a Mantle on what was done last Parliament But now being driven again to look on that Man let us proceed with that which was then well begun and let the Charge be renewed that was last Parliament against him to which he made an Answer but the Particulars were sufficient that we may demand Judgment upon that Answer only In Conclusion the House agreed upon several Heads concerning Innovations in Religion the Safety of the King and Kingdom Misgovernment Misfortune of our late Designs with the Causes of them and when the Question was putting that it should be instanced that the Duke was the principal and chief Cause of all those Evils the Speaker came in and said that the King commands for the present that the House adjourn till to Morrow and that all Committees cease which was done accordingly And upon the 7th of June the King in Parliament passed the Petition of Right whereupon there was an universal Joy all over the City and the Commons returned to their own House with unspeakable Joy and resolved so to proceed as might express their Thankfulness and order the grand Committees for Religion Trade Grievances and Courts of Justice to sit no longer but that the House proceed only in Consideration of Grievances of most moment which was their Remonstrance to the King of the weak distracted and dangerous State of the Kingdom which was done in the most pathetick and humble manner which could be expressed and presented to the King in the Banqueting-House upon the 17th of June It 's very long and consisted of these six Branches 1. The Danger of the Innovation and Alteration of Religion This occasioned by First The great Esteem and Favour many of the Professors of the Romish Religion receive at Court Secondly Their publick Resort to Mass at denmark-Denmark-House contrary to his Majesty's Answer to the Parliament's Petition at Oxford Thirdly Letters to stay Proceedings against them Lastly The daily Growth of the Arminian Faction favoured and protected by Neal Bishop of Winchester and Laud Bishop of Bath and Wells whilst the Orthodox Party are silenced or discountenanced 2. Dangers of Innovation and Alteration in Government occasioned by Billeting Soldiers by Commission of procuring 1000 German Horse and Riders for the Defence of the Kingdom by a standing Commission granted to the Duke to be General at Land in time of Peace 3. Disasters of our Designs as the Expedition to the Isle of Rhee and that lately to Rochel wherein the English have purchased their Dishonour with the waste of a Million of Treasure 4. The Want of Ammunition occasioned by the selling 36 lasts of Gun-powder at low Rates 5. The Decay of Trade by the Loss of 300 Ships taken by the Dunkirkers and other Pirates within the three last Years 6. The not guarding the narrow Seas whereby his Majesty has almost lost the Regality Here note That none of these except Billeting of Soldiers which was yet continued were contained in the Petition of Right Of all which Evil and Dangers the principal Cause is the Duke of Buckingham his excessive Power and Abuse of that Power and therefore humbly submit it to his Majesty's Wisdom whether it can be safe for himself and Kingdom that so great Power should be trusted in the hands of any one Subject whatsoever It 's observable how cross the King set himself against the Commons in this Remonstrance for in the last Parliament when the Commons impeached the Duke and the Earl of Bristol exhibited Articles against him the King ordered the Attorney-General to exhibit an Information against the Duke in the Star-Chamber for the great Misdemeanours and Offences complained of against him by the Commons and Earl thereby to have stopt their Proceeding against the Duke in Parliament as he would have taken the Earl's Cause out of Parliament and proceeded against him by Indictment But the King hearing of this Remonstrance of the Commons against the Duke the Day before the Commons presented it viz. upon the 16th of June caused the Attorney-General to take the said Information and all the Proceedings to be taken off the File for that his Majesty was fully satisfied of the Duke's Innocency in all those things mentioned in the Information as well by his own certain Knowledg as by the Proofs taken in the Cause This was the first Fruit the Parliament and Nation reaped by the Petition of Right Now let 's see the next and whether the Commons deserved such a Censure as the King made upon them at the Prorogation of the Parliament After the Commons had presented a Remonstrance of their other Grievances to the King they then took into Consideration the preparing a Bill for granting his Majesty a Subsidy of Tunnage and Poundage as might uphold the King's Profit and Revenue in as ample a manner as their just Care and Respect of Trade would permit But this being a Work of Time and would require much Time and Conference with Merchants and others and being often interrupted by Messages from the King and the Shortness of Time limited by the King for concluding this Sessions and fearing the King might be misinformed of this Particular they were forced by the Duty which they owed to his Majesty to declare That there ought not any Imposition to be laid upon Goods of Merchants exported or imported without Common Consent by Act of Parliament For Manifestation whereof they desired his Majesty to understand That tho the Kings of this Realm had often Subsidies granted them upon divers Occasions especially for guarding the Seas and Safeguard of Merchants yet the Subjects have been ever careful to use such Cautions and Limitations in these Grants that they did proceed not from Duty but the free Gift of the Subjects and that heretofore they used to limit a time for such Grants and for the most part but short as for a Year or two and at other times it has been granted upon occasion of War with Proviso that if the War ended in the mean time then the Grant should cease and of course it has been sequestred into the hand of some Subject to be employed for Guarding of the Seas very few of the King's Predecessors had it for Life until the Reign of Hen. VII who was so far from conceiving he had any Right
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
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-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
that rather than forsake their Seats in Parliament they 'll lose their Places at Court You have heard how my Lord Privy-Seal became Lord Chief-Justice of the King's-Bench after which the King made him Earl of Manchester Lord Privy-Seal and President of the Council my Lord-Keeper Coventry was upright in all his Decrees but my Lord Privy-Seal sets up the Court of Requests to have a concurring Jurisdiction with the Chancery and Men whom my Lord Coventry did not please brought their Causes into the Court of Requests so that in a short time the Practice of this Court swell'd so much that my Lord Privy-Seal made more Clerks and Attorneys than ever was known before King Charles sent to the Bishop of Ely that he the King would have Hatton-House in Holborn for Prince Charles his Court and that the King would be at the Charges for maintaining the Bishop's Title tho the Bishop told me it cost him many a Pound so in the Bishop's Name a Suit was commenced in the Court of Requests for Hatton-House Before the new Buildings were built Hatton-Garden was the â—â—nest and greatest in or about London and my Lady Hatton had planted it with the best Fruit Vines and Flowers which could be got but upon commencing this Suit she destroy'd all the Plantations yet defended her Cause with all Opposition imaginable But at last in 1639 notice was given to my Lady to hear Judgment and at the day my Lady appear'd in Court when my Lord Privy-Seal demanded of my Lady's Counsel If they had any more to say otherwise upon his Honour he must decree against my Lady Hereupon my Lady stood up and said Good my Lord be tender of your Honour for 't is very young and for your Decree I value it not a Rush for your Court is no Court of Record And the Troubles in Scotland growing higher the King had no Benefit of the Decree nor my Lord any Credit in his Court ever after Nor were the Descendants of many of the King's Favourites more faithful to the King than their Fathers as the Lord Kimbolton Sir Henry Vane jun. Sir John Cooke Henry Martin c. Now when it was too late like a Man who begins his Business the last day of the Term the King seems to alter his Countenance and indulge another sort of Men in Church and State who were opposite to the Principles in Bishop Laud's Regency Dr. Williams censured and imprisoned in the Tower has all the Proceedings against him in the Star-Chamber and High-Commission revers'd and taken off the File and Mountague Bishop of Norwich dying in the beginning of the Parliament Dr. Hall is translated from Exeter to Norwich and Dr. Brownrig a most learned and zealous Anti-Arminian is made Bishop of Exeter c. my Lord Chamberlain Pembroke is removed and the Earl of Essex put in his place Sir Robert Holborn made Attorney-General and Oliver St. John Solicitor both which were Mr. Hambden's Counsel against the Legality of Ship-Money But neither these Actions nor the King 's repeated Royal Word could gain Credit with the Parliament I mean the Houses who tho at another time they would have dreaded a standing Army now resolve to maintain two till their Grievances were redrest And sure now it was a lamentable State the King was reduced to he that before rather than hear of what he had done did not care what he did and therefore dissolved four Parliaments now every day hears of what he had done yet cannot help it His Judges which before had refused to bail his Subjects committed by the King without Cause are themselves now committed against the King's Pleasure and no Bail to be taken for them The King's Customers who by the King's Order seized and sold the Merchants Goods for non-payment of Duties not legally imposed are themselves seized and fined more than they are worth Herein the King was only passive but the Houses would not stay here but tho the Commons at first impeached the Earl of Strafford before the Lords in their Judicial Capacity wherein the King's Consent was not actually necessary yet they after proceeded against him by Bill wherein the Attainder must be actually assented to by the King personally or by Commission which the King did my Lord Privy-Seal and the Earl of Arundel I believe very unwillingly being Commissioners and the same day passed an Act That the Parliament should not be Prorogued Adjourned nor Dissolved without their own Consent which proved as great a Grievance as the King 's proroguing and dissolving them at Pleasure And the passing these Laws so frightned my Lord Treasurer Juxton the Master of the Court of Wards and the Governor of the Prince that they all resign'd their Places Besides these the King passed an Act for a Triennial Parliament to meet if not by usual means then by others whether the King would or not And an Act for the utter abolishing the Star-Chamber and High-Commission Courts And to make it a Praemunire in every one of the Privy-Council to determine any Causes cognisable at Common Law An Act to abolish the Court of the Council and President of the North and an Act to rescind the Jurisdiction of the Court of Stanneries An Act to repeal the Branch of a Statute made the first of Eliz. cap. 1. to authorize Ecclesiastical Persons natural born Subjects of England to reform Errors Heresies Schisms c. An Act for declaring Ship-Money and all Proceedings therein void An Act for ascertaining the Bounds and Limits of the Forests as they were in the 20th Year of King James And an Act to prevent the vexatious Proceedings touching the Order of Knighthood These Acts thus passed the Houses thought themselves secure enough and so paid off and disbanded the English and Irish Armies and sent the Scots into their Country again The much greater part of the Gentry and also of the Members of both Houses would have been content to have staid here and many believed if the Parliament had met at York or Oxford they would but this could not be without disgusting the City of London from which only the Loan of 200000 l. could be raised for Payment of the Armies till Provision could be made by Parliament But it was decreed that things should not rest here and that the Faction in the House of Commons might get a Majority at one Vote as they order'd it they voted all those who had been instrumental in Monopolies or in Ship-Money or Collectors of the Customs out of the House and others to be chosen in their Places And the Rabble in the City in Tumults exclaim'd against the Bishops and Popish Lords Votes hereupon the Bishops enter their Protestations against all Proceedings till they might sit and vote freely whereupon they are committed to the Tower and a Law was passed to disable the whole Hierarchy for the future to have any Place in Parliament As the Scots began their Reformation with a Covenant so the Commons began theirs with a
Protestation wherein they Promise Vow and Protest in the Presence of God to maintain the true Protestant Religion expressed in the Doctrine of the Church of England and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Power and Privilege of Parliament and Liberties of the Subjects and to preserve the Union and Peace between the Kingdoms of England Scotland and Ireland but herein was the Difference between the Scots and English the Scots would improve their Covenant and establish it in England but the English scarce ever after care for their Protestation However the Commons prevail with the Lords to take it and then impose it upon the Nation upon the Penalty of being deemed Malignants and Disaffected The King little pleased with what he had done and less with what the Houses had done without him follows the Scots into Scotland and there cajoles the Covenanters with all Courtship imaginable makes Lesley the Scots General Earl of Leven and confers other Honours upon the Covenanters calls a Parliament and consents to the Extirpation of the Hierarchy and establishes Presbytery as fully as the Kirk of Scotland could desire The Scots at present promise all Duty and Obedience to him but how well the King found it in a short time will appear Whilst the King was thus busied in Scotland a horrible and hellish Massacre was perpetrated in Ireland by the Irish upon the English wherein it 's computed above 200000 Protestants Men Women and Children were butcher'd after which followed an universal Rebellion excepting in Dublin Londonderry and Inniskillen which was headed by the Pope's Nuncio a most proper Head for such a Body Yet so intent were the Factions in England and Scotland in establishing their Designs that little care was had of the miserable Relicks of the Protestants in Ireland It appears evident to me that Richlieu's Scarlet was deep dy'd in the Blood of the poor English in this Massacre for these Reasons 1. That the Scots who at this time were Pensioners to France were not medled with in their Lives and Fortunes as you may see in Sir Richard Baker f. 315. a b. 2. The King being in Scotland when he heard of the Massacre of the English and Rebellion of the Irish he moved the Parliament of Scotland then sitting for a speedy Relief to the English which they refus'd And it 's strangely observable That tho the Massacre and Rebellion in Ireland brake out the 23d of October yet the King did not proclaim them Rebels till the first of January and then by Proclamation gave a strict Command that no more than forty of them should be printed and that none of them should be published till his Majesty's Pleasure was further signified Upon the King's going into Scotland the Parliament prorogued themselves to a certain Day But the Commons appointed a Committee to prepare Business against their next Meeting yet send Spies to observe all the King's Actions and after the King 's Return to London which was upon the 25th of November 1641 the House of Commons upon the 5th of December make a Remonstrance of all the King's Miscarriages abroad and of the Grievances and Illegalities of his Ministers at home from the beginning of his Reign and that the King might be sure to see it as well as hear of it they print and publish it The King not being used to such Language was stung to the quick by the Commons Declaration and to retaliate it in Act upon the third of January enters the House of Commons and demands five of their Members to be tried for High Treason for holding Correspondence with the Scots Than which he could not have done a more imprudent Act for by it he unravelled all that he had done in Scotland by involving the Scots in the same Crime But the Members had their Agents in the King 's most secret Councils and had notice of the King 's coming before and so the five Members were withdrawn This Act of the King did not only set the House in a Flame and put the City into Tumults but brought Petitions from Buckingham-shire where Mr. Hambden one of the Five Members was Knight that the Privileges of Parliament might be secured and Delinquents brought to condign Punishment All this while poor Ireland lay bleeding The King as unstable in his Resolutions as inconsiderate in his Actions retracts all he had done and promises not to do so again But to no purpose for the Members resolve not to trust his Royal Word Prerogative and absolute Will and Pleasure and therefore will tear the Power of the Militia from him Rather than suffer this tho upon the Pretence of Tumults the King resolves to leave London But before the King left London my Lord Mayor Sir Richard Gurney Sir George Whitmore Sir Henry Garoway and other principal Citizens waited upon the King and engaged if he would stay they would guard him with 10000 Men if occasion were and told him If he went he would leave the City open for the Members to do as they pleased and that they were sure to be first undone the King told them he was resolved Then Sir Henry Garoway said Sir I shall never see you again However his Eldest Son Mr. William Garoway a worthy Gentleman who yet lives went with the King and followed him in all his Wars The worthy Citizens proved true Prophets for soon after the King left London the Members imprisoned my Lord Mayor Sir Henry Garoway Sir George Whitmore and all others whom they suspected would be faithful to the King and then in London began to assume the Power of the Militia After the King left London he went to York and from thence went towards Hull but is shut out of the Town by Sir John Hotham whom the King proclaims Traitor and now before it came to Sword and Pistol Men began a War with their Pens And herein it is observable that the Writers for the King chiefly maintained his Cause out of Sir Coke's Pleas of the Crown which by Order of the King's Council was upon Sir Edward's Death-Bed seized as dangerous and seditious and I do not find any who wrote for the Parliament ever used any one Topick out of it to justify their Cause tho it and Sir Edward's other Books of the Comment upon Magna Charta and Jurisdiction of Courts were printed by Order of the House of Commons and by them petitioned that the King would deliver the Originals to Sir Robert Coke Sir Edward's Heir Whilst things were in this Hurly-burly in England Portugal and Catalonia revolt from the Spaniard which as it was a mighty Blow to Spain so it much conduced to the Advancing the Designs of Cardinal Richlieu in France In England things could not hold long at this Stay but upon the 22d of August the King comes to Nottingham and hastily sets up his Standard there and invites all his loving Subjects to come to his Assistance against the Rebels
King was knowing of both one was to have delivered the Earl of Strafford out of the Tower but Sir William Balfour the Lieutenant would not consent to it Here note The King made Balfour a Scot Lieutenant of the Tower one of the greatest Places of Trust in England without any Complaint of the Parliament whenas the Parliament of Scotland in their second Demand made to the King would have no Stranger to command or inhabit in any Castles of the King 's without their Consent The other part of this Treason chief of all the rest But why all when but two Mr. May says was a Design to bring up the English Army which was in the North and not yet disbanded this Army they had dealt with to engage against the Parliament's sitting and as they alledg to maintain the King's Prerogative Episcopacy and other things against the Parliament it self This Charge is so false as well as partial as no Man who had any regard to Truth Honesty or Fairness would have so expos'd himself for if the King's Prerogative be not maintain'd he can neither govern his Subjects nor protect them from Foreign Enemies and Episcopacy is one of the Constitutions of the Nation and how the maintaining these can be against the Parliament had need of a wiser Head than Mr. May's to shew But these two are not all Mr. May says but there were other things against the Parliament if there had been other things I do not think Mr. May would in Modesty have conceal'd them but since Mr. May has not given the Causes of this chief Treason I will do it and not follow Sir Richard Baker nor Franklin lest they should be deemed to be partial to the King's Cause but Mr. Whitlock whom no Man believes to be so who fol. 44. b. says June 19th It was voted that the Scots should receive 100000 l. of the 300000 l. the Scots by a Paper pretended Necessity for 125000 l. in present the Parliament took off 10000 l. of 50000 l. which they had appointed for the English Army and order'd it for the Scots The Lord Piercy Commissary Wilmot and Ashburnham Members of Parliament sitting together and murmuring at it Wilmo◠stept up and said That if such Papers of the Scots could procure Monies he doubted not but the Officers of the English Army would soon do the like and this caused the English Army to say The Parliament had disobliged them The Officers put themselves into a Juncto of sworn Secrecy and drew up some Heads by way of Petition to the King and Parliament for Money for the Army and not to disband before the Scots to preserve the Bishops Votes and Functions and to settle the King's Revenue The Army tainted from hence met and drew up a Letter or Petition which was shewed to the King approv'd and signed by him with C. R. and a Direction to Captain Leg that none should see it but Sir Jacob Ashley it should have been Astly the main drift was That the Army might be call'd up to attend the Safety of the King's Person and Parliament's Security or that both Armies might be disbanded Where is this chief Treason lodg'd unless in Mr. May's Brain Or where is the King's Prerogative mention'd But as the Times then went Mr. May took liberty to say what he list to humour them the Scots must be obey'd in whatsoever they demand and it must be chief Treason in the English to petition Mr. May p. 32 33. will have the King 's going into Scotland to be a Design to raise War against the Parliament of England and to that end tells a Story of a Scots Writer that published that it was to engage the Scots against the Parliament of England with large Promises of Spoil and offering Jewels of great Value for Performance of it but he names not the Scot and leaves it uncertain for the Reader to judg by what fell out afterward But if he the King did it was a matter of great Falshood Mr. May says having as yet declar'd no Enmity against the English Parliament From the same Author he says it was to make sure of those Noblemen of that Kingdom he doubted of as not willing to serve his turn against England and true it is that about September Letters came to the standing Committee at Westminster that a Treasonable Plot was discovered there against the greatest Peers of the Kingdom but says not which Kingdom upon which the standing Committee fearing some Mischief from the same Spring placed strong Guards in divers Places of the City of London But in all this the Fox is the Finder and Mr. May as partial and false as in all he said before The truth was Jealousies and Fears were fomented by the Parliamentarians and even by the Members themselves against the King and Royalists But Mr. Whitlock tho of like Affection with Mr. May yet a much more impartial Representer of the Actions of those Times fol. 49. a. represents it thus The Marquesses of Hamilton and Argyle withdrew from the Parliament in Scotland upon Jealousy of some Design against their Persons but upon Examination of that matter by the Parliament there it was found to be a Misinformation yet the same took fire in our Parliament upon the Surmises of some whereupon the Parliament here appointed Guards for London and Westminster and some spake 〈◊〉 without Reflection upon the King The Royalists charge the Parliament at least the Commons with a Design to raise War against the King and to make him odious to the People after he had granted all the Parliament desired of him and given up those whom they call'd evil Counsellors to their Justice for their Remonstrance of the State of the Kingdom after the King's return out of Scotland which because of the Extraordinariness of it we will recite it verbatim as is said by Mr. Whitlock f. 49. b. The House of Commons prepared a Remonstrance of the State of the Kingdom wherein they mentioned All the Mistakes Misfortunes Illegalities and Defaults in Government since the King 's coming to the Crown the evil Counsels and Counsellors and a malignant Party that they have no hopes of settling the Distractions of this Kingdom for want of a Concurrence with the Lords This Remonstrance was somewhat roughly penn'd both for the Matter and Expressions in it and met with great Opposition in the House insomuch as the Debate of it lasted from three a Clock in the Afternoon till ten next Morning and the sitting up all Night caused many of the Members through Weakness or Weariness to leave the House and Sir B. R. I think he means Sir Benj. Rudyard to compare it to the Verdict of a starv'd Jury When the Vote was carried tho not by many to pass the Remonstrance Mr. Palmer and two or three more made their Protestation against this Remonstrance for which they were sent to the Tower This Remonstrance was presently printed and published by the Parliament contrary to the King's Desire
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
Kingdoms of England Scotland and Ireland and Destruction upon the King when is was not in the Power of those which first raised the War against him to save his Life which they would have done I am told that the last Part of this Paragraph is an unjust Charge upon the Parliament in that they acted defensively in this War and that the King first raised Arms and this by the Authority of Mr. May. If I be mistaken I have the Authority of him who could best know I mean the King at his Death who declared That he never did begin the War with the two Houses of Parliament as all the World knows that they began with him it was the Militia they began upon they confest that to be his but they thought fit to have it from him and to be short if any body will look into the Dates of those Commissions theirs and his and likewise to the Declarations they will see clearly that they began these unhappy Troubles not he See Whit. Mem. f. 369. a. and all the Writers of those times If this be not Authority sufficient to shew the Parliament began the War the first Scuffle between the King and Parliament was about the Business of Hull where the Parliament had committed the Charge of the Town and Magazine to Sir John Hotham one of the Members of the Commons who was sent down thither to remove the Magazine to London but the Country of York petitioned it might still remain at Hull for securing the Northern Parts especially the King residing there Hereupon the King taking a Guard of his Servants and some Neighbouring Gentry upon the 23d of April went to Hull but contrary to Expectation found the Gates shut and the Bridges drawn up by Sir John and his Entrance denied though but with 20 Horse which so moved the King that he proclaimed Hotham a Traitor and sends to the Parliament for Justice against him To this the Parliament return no Answer but justify Sir John Hotham and order that the Sheriffs and Justices of the Peace do suppress all Forces which shall be raised or gathered together against Hull or to disturb the Peace nor did they stay here but put the Power of the Militia in Persons nominated by them excluding the King in ordering any thing together with them and authorized Hotham by his Warrants to raise the trained Bands in Yorkshire to march with their Arms into Hull where he disarmed them and turned them home again See Whit. Mem. f. 55 56. So I submit this to Judgment whether this was not raising Arms against the King being done by Subjects and contrary to the King's Command and if the King did encrease his Guards yet this was subsequent to the excluding the King from having Power in the Militia and Hotham's Raising Arms and Disarming the Trained Bands of Yorkshire Mr. May says p. 55. the Parliament being then intent upon settling the Militia by Land took care also to seize the Navy into their Hands and ordered the Earl of Warwick to be Admiral to put this in Execution but the King had chosen Sir John Pennington to that place instead of the Earl of Northumberland and sent a Command to the Earl of Warwick to resign the Place to him Pennington But the Earl chose rather to obey the Ordinance of Parliament and with great Courage and Policy got the Fleet into his Hands tho many of the Captains stood out against him but the Earl deprived them of their Commands and possest himself of the Ships taking shortly after another Ship called the Lyon of great Import coming out of Holland and laden with Gun-power which proved a great Addition to his Strength So here was a double Beginning of the War by the Parliament both in seizing the Fleet and taking the Lyon and this before the King committed any Act of Hostility And for the carrying on this War which Mr. May calls the Cause the Parliament upon the 10th of June made an Order for bringing in Money and Plate to raise Arms for the Cause and the Publick Faith for Repayment to them which brought it in So here the Parliament raised Money as well as Forces for carrying on the War before the King levied any And so I leave it to Judgment who first began the War Objection The Parliament raised Arms for their own Defence and Security of the Nation Answer This is said but of no kin to Truth or Reason for Men defend what they are possest of and the King was possest of the Militia and Fleet when the Parliament ravish'd both from him nor did the King use either against the Parliament when they invaded them Besides the King at least as he declared endeavoured to defend the established Religion and Laws of the Land whereas the Parliament contended to abolish the Established Religion and to exalt themselves above the Laws of the Land Objection 2. That the King had so often violated the Laws and Constitutions of the Nation and governed so Arbitrarily that the Parliament could have no Security for the future to prevent his so doing again so long as the King was possest of the Militia Answer The Case was not the same then when the King resolved to have no more Parliaments as now when the King had made this Parliament perpetual and had passed the Triennial Bill for Parliaments to meet whether he would or no And tho Favourites and Flatterers instill'd those things into the King when they were without any Fear or Apprehension of being questioned by a Parliament yet now the Parliament had so severely prosecuted and punished such Men and being perpetual or at least to meet Three Years after every Dissolution none would presume to advise the King in things derogatory to his Honour and the Interest of the Nation And now we proceed to the ensuing War The Parliament before the King set up his Standard at Nottingham Aug. 22 Voted That an Army should be raised for the Defence of the King and Parliament that the Earl of Essex should be Captain General of the Army and the Earl of Bedford General of the Horse The War began first between the Marquess of Hartford for the King in the West and the Earl of Bedford for the Parliament the Earl being worsted by the Marquess at Sherborn-Castle Goring got into Portsmouth and held it for the King but could not hold it long for the Country joining with Sir John Meyrick forced him to surrender who thereupon went into Holland and my Lord Say St. Johns and Weemen with Colonel Whitlock enter Oxford and keep it for the Parliament But the Face of Affairs soon changed for the King having made the Earl of Lindsey his General and the Parliament the Earl of Essex upon the 23d of October the Armies met and fought at Edghil with uncertain Victory which both sides claimed the Earl of Lindsey was mortally wounded and taken Prisoner the Right Wing of the King's Horse commanded by Prince Rupert brake the Left
Wing of Horse of the Parliament's which Prince Rupert pursued too far tho with great Slaughter but the King 's left Wing of Horse was broken by Sir William Balfour Sir Philip Stapleton and the Lord Fielding However the Victory was uncertain the Success was not so for the King took Banbury Town and Castle and Oxford and Prince Rupert took my Lord Say's House at Brought and made Excursions near London whereupon the Parliament recalled Essex to defend themselves And it was time for the King was marching towards London having taken Reading and Henley and at Brentford both Armies fought Essex being assisted by the Trained Bands and Apprentices of London and the King was forced to retreat and if Essex had followed in all Appearance the King would have lost his Army not having Bullet enough to have maintained one quarter of an Hour's Fight and towards the latter end of the Year Prince Rupert storms Cirencester and puts many of my Lord Stamford's Regiment to the Sword and took 1100 Prisoners which were used with great Barbarity and Colonel Nathaniel Fines in the West was routed by Prince Rupert and in the North Sir John Hotham was beaten by the Forces commanded by the Earl of Cumberland Sir Fran. Worsley Sir Marm. Langdale and Sir Thomas Glenham This Year there was a Treaty of Peace at Oxford the Parliament's Propositions were That the King should disband his Army return to the Parliament leave Delinquents to Trial and Papists to be disbanded That a Bill be brought in for abolishing Episcopacy c. and such other Bills as should be presented for Reformation Recusants to abjure Papacy to remove malignant Counsellors to settle the Militia as the Parliament desired to prefer to Offices such as the Parliament should name and to take in all that were put out of Commissions of the Peace A Bill to vindicate the Lord Kimbolton and five Members to enter into Alliances for the Palatinate and to grant a general Pardon excepting to the Earl of New-Castle Digby and others To restore Parliament-Members to their Offices and to restore their Losses The King proposed That his Revenue Magazines Ships and Forts be restored That what had been done contrary to Law and the King 's Right may be recalled That all illegal Power claimed or acted by Order of Parliament be disclaimed And as the King will consent to the Execution of all Laws concerning Popery and Reformation so he desires a Bill for preserving the Common-Prayer against Sectaries that all Persons excepted against by this Treaty may be tried per Pares with a Cessation of Arms and a free Trade This Treaty began March 4. 1642 and broke off April 15. following viz. 1643. But this is observable in this fickle King that four Days before the Treaty broke off the King said he was fully satisfied and promised to give the Parliament-Commissioners his Answer in Writing according to their Desires but because it was past Midnight he would have it drawn up in Writing and give it them in the Morning but instead thereof the King gave them a Paper quite contrary to what was concluded the Night before Whitlock's Mem. fol. 65. a. The Treaty of Peace thus broke off both sides proceed in War The Queen this Year about the beginning of May landed at Scarborough in Yorkshire from Holland having avoided a Squadron of Men of War designed by the Parliament to intercept her and brought abundance of Arms and about 3000 Soldiers and was proclaimed Traitor by the Parliament and after joined with the King and his Army at Edg-Hill in Warwickshire And if the Parliament prospered so ill last Year they succeeded worse this for the Earl of Northampton enters Litchfield and drives the Parliament's Forces into the Close and after that defeats Sir John Gell and Sir W. Brereton but the Earl was slain at the Head of his Forces and the Earl of New-Castle in the North overthrew the Parliament's Forces commanded by Sir Thomas Fairfax at Bradforth and Sir William Waller is defeated in the West Prince Rupert takes Bristol and Prince Maurice Exeter Biddiford Barnstable Appleford and Dartmouth The great Hambden is routed and mortally wounded at Chalgrave Field by Prince Rupert And now the King had two conquering Armies in the North and West and the Parliament none considerable to oppose either so that if either the King or the Marquess of New-Castle had marched to London in all Appearance either Army would have found little Opposition but instead hereof the King sits down and besieges Glocester and the Marquess of New-Castle comes before Hull This gave the Parliament an Opportunity to recruit Essex's Army and to enter into a Treaty to procure the Scots to bring an Army into England again for to assist the Parliament In this Treaty a double Consideration is remarkable first The Instability of humane Actions which are founded in Passion and Prejudice for there was but one Year between this Treaty and the National Protestation by the Parliament to Maintain the true Protestant Religion expressed in the Doctrine of the Church of England which Passage Mr. Whitlock in his Memoirs fol. 43. has left out and according to their Duty and Allegiance to maintain and defend his Majesty's Royal Person and Estate the Privileges of Parliament and Liberties of the Subjects and to preserve the Union between the Kingdoms of England Scotland and Ireland and this to be taken by all English-men but now the Scots would not stir one Step unless the Parliament of England would join with them in their Covenant which ill agreed with their Protestation which the Parliament submitted to The other was a Discovery of a Spark which soon after broke out into such a Flame as consumed the Covenant Presbytery the Parliament King and Church and State of England for tho during the Prosperity of the King's Affairs this Fire was covered yet when young Sir Henry Vane who was one of the Parliament's Commissioners and one who loved the Presbyterian Government no better than the Episcopal saw that the Parliament would submit to the Scotish Covenant and Discipline he stifly opposed it singly and at last carry'd it that the Nations should join in a Solemn League and the Scots would have Church-Government to be according to the Example of the best Reformed Churches but Sir Henry Vane insisted to have it according to the Word of God only and carried both points Afterwards one of Sir Henry's Fellows expostulated with him why he should put them to so much Trouble about such needless Trifles Sir Henry answer'd He was mistaken and did not see far enough into the matter for a League shewed it was between two Nations and might be broken upon just Reasons but not a Covenant and that Church-Government according to the Word of God by the Difference of Divines and Expositors would be long enough before it were determined for the learnedst held it clearly for Episcopacy so that when all agreed we may take in the Scots Presbytery
Lesley gave all for lost But the Prince as he did before at Edghill pursuing the Enemy too far gave an Opportunity to Sir Thomas Fairfax to rally his Men and joining with Cromwel's Regiment of Lobsters armed with Pot Back and Brest fell upon the Right Wing of the King's Army and routed them and also the rest of the King's Foot destitute of Horse and obtain'd a compleat Victory In this Fight above 7000 were slain 3000 of the King's part taken Prisoners and 25 Ordnance 47 Colours 10000 Arms two Waggons laden with Carabines and Pistols 130 Barrels of Powder with all the Bag and Baggage After this the Parliament's Generals returned to the Siege of York and summoned it which was delivered up to them by Sir Thomas Glenham and the Marquess of Newcastle went beyond Sea Thus was all the North reduced to the Parliament by the fatal Rashness of the Prince who might have avoided the Fight and joined with the Marquess of Montross and Col. Clavering who were with 6000 Foot within two Days march of him The North thus subdued upon the Matter Essex by the Perswasion of my Lord Roberts marches into the West but a different Fate attended him For the King followed him and joining with Prince Maurice followed Essex into Cornwal where he block'd up all the Avenues so as Essex must either fight or be starv'd but in regard that the King had possest himself of all the Passages Essex could not fight without an apparent Hazard of the Loss of his Army However Sir William Balfour with 2300 Horse brake through the King's Army and got to Salt-Ash and from thence to Plimouth which held for the Parliament Now were the Parliament's Foot in a wretched State the King closely pursuing them and the Countrey People rising upon them Hereupon Essex deserts them and with divers of his Officers by Sea got to Plimouth leaving Skippon to take care of the rest who upon the 2d of September capitulated to deliver up to the King all their Artillery with all the Bag and Baggage no Person under a Corporal to wear any kind of Weapon all Officers above to wear only Sword and Pistol And so Skippon marched to Pool which was in the Parliament's Power The Ill Success of Essex in this Expedition was the Cause of Essex his Fall tho the Parliament at present seemed to be otherwise disposed and of the Rise of Cromwel as we shall observe Whilst these things were doing in the North and West other Actions of less Consequence happened Sir Thomas Middleton having taken Mountgomery-Castle the King's Forces advanced in a much greater Body to retake it whereupon Sir Thomas retreated But being joined with Sir William Brereton Sir John Meldrum a Scot and Sir William Fairfax returned and charged the King's Party and took Prisoner M. G. Broughton Lt. Col. Bludwel M. Williams nine Captains many inferiour Officers and 1500 common Soldiers Of the Parliament's Party Sir William Fairfax was slain with Eleven Wounds Maj. Fitz-Symons and about 40 Souldiers and 60 wounded Monmouth Town and Castle were surprized by Massey with the Loss only of Six Men. Lieut. Gen. Lesley in the North fell upon the Forces commanded by Sir Philip Musgrave kill'd divers upon the Place and took 100 Prisoners My Lord Herbert Son of the Earl of Worcester was beaten by Massey who killed 50 and took 60 Prisoners and Massey fell upon a Party of the King 's near Beachy killed 70 and took 170 Prisoners and Col. Charles Fleetwood took two Troops of the King's Horse near Belvoir Castle From these lesser Actions we now advance to tell of Greater The Parliament's Army every where victorious in the North Lesley had now an Opportunity to return to New-Castle which he summoned to yield which being refused he stormed and took it by Force whereupon Sir John Marlay the Mayor and others fled to the Castle and would have capitulated but were denied and so were forced to surrender at Discretion But how successful soever the Parliament's Forces were in the North after the Fight at Marslon-Moor the King reaped but little after the Parliament's Foot had delivered up their Arms in the West for Essex having joined Manchester and Waller resolved to hinder the King's Return to Oxford and upon the 23d of October rendezvouz'd the Army at Aldermaston-Park and next Night privately passed the Water at a Ford near Padworth and next Morning to Bucklebury-Heath near Newberry where the King then was and about 12 a Clock drew down their whole Army between Thatcham and Shaw and skirmished with the King's Horse Manchester's Troops and the London Train'd-Bands crossed the River Kennet between Newberry and the Hill and forced the King's Party which kept the Pass from thence with some Execution but Sir Bernard Astley Son of Sir Jacob or the Lord Astley coming to their Rescue forced the Parliamentarians back again In the Afternoon 4000 of Essex and Waller's Horse and Dragoons with 500 Foot charged the King's Forces on the West of Newberry and forced them to retreat in some Disorder and some of the King's Field-Pieces were taken Essex followed the Success and charged the King's Life-Guard whom he overpowered and had much more endamaged if the Lord Bernard Stuart had not come to their Assistance and secured their Retreat but the Parliamentarians every way advancing beat the King's Army out of the Field with the Loss of many Colours and two Pieces of Cannon Sir Anthony St. Leger Lieutenant-Colonel Leak Lieutenant-Colonel Topping and Captain Catclyne elder Brother of Sir Nevil Catclyne my worthy Friend were killed and the Earl of Cleveland and some few others taken Prisoners If the King's Affairs succeeded so ill in the West they did worse in the North for Leverpool submitted to the Parliament and Lesley had Tinmouth-Castle a Place which hereafter he shall be better acquainted with tho not in the Quality of a General of an Army but a Prisoner surrender'd upon Articles After this Janus's Temple was shut this Year if you begin it at January And now a Treaty of Peace at Vxbridg is set on foot at the Desire of the King but no Success attended it This Year tho the Princes Rupert and Maurice followed the King in his Wars against the Parliament yet the Elector Palatine Frederick their elder Brother petitioned the Parliament that he might come over and take the Covenant which tho at first they refused yet afterwards they admitted him and allowed him 8000 l. per Annum out of my Lord Petres and other Delinquents Estates and so he continued till after the Treaty at Munster 1648 where he led a Life not becoming a Prince in Adversity The Treaty of Peace at Vxbridg not succeeding the Parliament took the Town of Shrewsbury which as it is one of the most famous of all the Towns of England so it stopt on that part the Entercourse of Wales with the Counties of Salop Chester and Worcester But to throw a little Water into the Wine of the Parliament's
has not now one Ship to command One would think the Covenanters had their Game sure enough now those in Scotland had got rid of Montross and full of Money and those in England had got the King in their Power and the King's Army utterly subdued and both Kingdoms united into one solemn League and Covenant so that both may sing their Requiem for many Years But see the Instability of Human Affairs where they are not founded in Truth and Righteousness for the Scots Directory Catechism and Government sorted as ill with the English Genius as Laud's Liturgy Canons and High Commission did with the Scots and the rigid Execution of them as insolent and tyrannical as the Proceedings in the Star-Chamber and High-Commission and these being general equally offended all and tho the Cavalier Party being under the Hatches said little yet the Brawls and Invectives between the Presbyterians and other Parties were as fierce as between the Arminians and Orthodox in Laud's time so that things were not like to continue long at this rate The Parliament having the King now in their Power the Scots gone yet Ireland I mean the English Interest in it in a very deplorable State and being apprehensive of the Temper of the Army whose Principles were Anti-Presbyterian and that they might in some measure ease the Countrey of maintaining the whole Army resolved that 12000 of the Army should be sent over into Ireland to be commanded by Major General Skippon and 6000 Horse 2000 Dragoons and 6000 Foot to be kept up in England and commanded by Sir Thomas Fairfax Cromwel was aware of what the Members designed and the Members were as jealous of Cromwel and therefore would not dispense with the Self-denying Ordinance that he should be in the Army however Cromwel had his Agents in it and by the Ministers and other zealous Independants foment their Jealousies that the Parliament designed to disband them without Payment of their Arrears and in this Ferment they chose two out of every Regiment which they called Adjutators to whom they gave Power to hold Councils and judg what was fit to be done for the common Good These Adjutators were called Levellers who cried up Liberty and the Power of the People and assumed to themselves a Power in their Councils above what the Colonels claimed The Proceedings of the Adjutators startled the Parliament and in a great measure the Colonels and Officers of the Army so that unless Cromwel did appear in the Army and by his Authority did restrain the Licence which the Adjutators assumed they sat very loose in their Places Cromwel knew this as well as they and that the Adjutators struck at his Authority as well as the Officers so that when there was a Debate in the House of Commons how to suppress the Adjutators Cromwel professed and called God to witness That he was certain the Souldiers would at the first word of his Command if he were among them throw down their Arms at the Parliament's Feet and solemnly swore that he rather wished himself and his whole Family burnt than that the Army should break out into Sedition And the House had so little Wit as to believe him and so sent him down to appease the Army Hereupon Cromwel order'd a general Muster of the Army upon Hownslow-Heath where the Army was divided and the Levelling Party refused to come under Cromwel's Command whereupon Cromwel sent to the Levellers to send some to treat of their Grievances which they did and when they came Cromwel with an undaunted Boldness pistoll'd three of the most forward of them and seized the rest and then the Levelling Part of the Army submitted The Sectaries of which the Army was composed tho they had the Sword in their Hands yet had no face of Authority to recur to the Presbyterian Members in both Houses being three to one they therefore send Cornet Joyce with a Party of Horse to Holdenby who the 4th of June 1647 which was in less than four Months after the Members had brought the King thither take the King out of the Parliament-Commissioners Power and keep him in the Army And now this poor Prince for so he may be truly called since he who before by his absolute Will and Pleasure would take his Subjects Estates has now no Power to get his own is fallen into the Hands of another sort of Flatterers than in the former yet these intended him no more good than the former viz. only to gratify their Ambition Avarice and Treachery by making use of the King's Name These seem to lament the hard Conditions the Members impose upon him not only in his Liberty but in keeping him from his Children and Friends and allow him both professing they would never lay down Arms until they had put the Scepter into his Hands and procured better Conditions for his Friends In order hereunto they seem to join the King's Interest with theirs and in their Declaration for Redress of Grievances declare for the King and People and that the Members prefix a certain time for their sitting so that a new Parliament may be called and thereby the Nation settled upon sure Foundations Here you may observe a new Face of the Parliament's Affairs quite inverted for the Army were as much in love with their being so as the Parliament was of their sitting And now the Army which was rais'd only to do the Parliament's Journey-work would only allow the Members a certain time for their sitting And because Denzil Hollis Sir Philip Stapleton Sir William Lewis Sir John Clotworthy Sir William Waller Sir John Maynard Major General Massey Mr. Glyn Colonel Walter Long Colonel Edward Harley and Mr. Ant. Nichols were the leading Men in the House of Commons for establishing the Covenant and disbanding the Army the Army charge them with High-Treason the Charge against them was Cant after the Mode of the Times That they obstructed the Business of Ireland to have acted against the Army and against the Laws and Liberties of the Subject and were Obstructers of Justice Here you may see into what a Labyrinth of Distraction and Confusion Men run when they forsake the ways of Justice and Righteousness For when Mr. Hollis and Colonel Long 4 Car. were imprisoned for performing the Trust reposed in them by their Country they had the Testimony of a good Conscience for their Support and the known Laws for their Protection and here they knew what to trust to and so they insisted upon the Laws and by them in due time were delivered from their Imprisonment but now the Laws and Constitutions of the Nation were broken down and they charged at random by the Army they had no Defence to recur to but for Safeguard fled beyond Sea What became of Colonel Long I cannot tell but Mr. Hollis never return'd till after King Charles the Second's Restoration and Sir Philip Stapleton being suspected to have the Plague was shut out of Calais and 't was said dy'd in a Ditch
What Thanks now had Sir Philip Stapleton Sir William Waller and Major General Massey for all their valiant Services to the Parliament whilst Oliver was whistling to his Cambridg Teem of Committee-Men a new Tune of the way of Ordinances Dispensations Righteousness and Providence and whereto can they go to find Relief Glyn had so little Wit as to believe the Law would be his Protection and so did abide a Trial but he was mistaken in his Measures for tho he defended himself with much Prudence yet he was discharged from being a Member of the House and committed to the Tower during their Pleasure But the House proceeded higher against Sir John Maynard and order'd an Impeachment of High Treason to be drawn up against him and ordered Nichols to be taken into Custody but he escaped from the Messenger The English Covenanters could not be so purblind as not to see whereto this tended and were madded that they which had begun the War and by the Aid of their Brethren of Scotland were in a fair Possibility of bringing it to their Desires against the King should not only be outed of their conceived Glory and Reward by these Upstarts of the Army but also the principal of them to be persecuted and destroyed for continuing firm to their Gude-Cause The Militia of London was setled upon the 4th of May in the Management of the Presbyterians who were very industrious in compleating their Companies both of the Trained-Bands and Militia but this was counter to the Design of the Army and judged to be a Conspiracy against it whereupon Fairfax who bore the Name tho Cromwel rul'd all upon the 10th of June sent a Letter to the Parliament That the Militia of the City of London might be put into the Hands of Persons that were better affected to the Army Which the Commons tamely submitted to and upon the 23d of July repealed the Ordinance of the 4th of May. Hereupon the City met in Common-Council and resolved to petition the Commons against it which they did and upon the 26th by the Sheriffs and some of the Common-Council delivered their Petition to the Commons And about an Hour after about 1000 Apprentices delivered another Petition complaining That to order the City's Militia was the City's Birth-right belonging to them by Charters confirmed in Parliament for Defence whereof they had adventured their Lives as far as the Army And desired that the Militia might be put again into the same Hands in which it was put with the Parliament's and City's Consent by the Ordinance of the 4th of May. Upon the reading of this Petition the Lords revoked the Ordinance of the 23d of July and renewed that of the 4th of May and sent it down to the Commons for their Consent and kept back some of the Commons till the Members within agreed with the Lords and then they returned And after some time they or some others upon the rising of the House took the Speaker and thrust him back into the Chair and there kept him and the Members till they enforced them to pass a Vote That the King should come to London And then both Houses adjourned for four Days In this Interval the Members which favoured the Army and the Speakers of both Houses went to the Army and there complained of the Violences upon the Parliament tho none were done to the Lords And after the four Days Adjournment the Houses met and the Lords chose my Lord Hunsdon their Speaker and the Commons Mr. Henry Pelham and passed these Votes 1. That the King should come to London 2. That the Militia of London should be authorized to raise Forces for the Defence of the City 3. That Power be given to the same Militia to choose a General And 4. That the 11 Members impeached by the Army should take their Seats in Parliament This was upon the 30th of July The Citizens armed with these Powers proceed to raise Forces under the Command of Sir William Waller Major-General Massey and Colonel Pointz but these tho numerous being suddenly raised so as the Soldiers not being well listed 't was like no great Opposition could be made against an old experienc'd and victorious Army Besides the Borough of Southwark were generally for the Army and a Party of the Army seized upon the Block-house at Gravesend and block'd up the City by Water towards the East and the Army towards the West The Aldermen and Common-Council of the City now desert their three Generals Waller Massey and Pointz and sent to Fairfax for a Pacification which he granted them upon these Terms 1. That they should desert the Parliament then sitting and the 11 Members 2. That they should recal their Declaration lately divulged 3. That they should relinquish their present Militia 4. That they should deliver up to the General all their Forts and the Tower of London 5. That they should disband all the Forces they had lately â—aised and do all things else which were necessary for the Publick Tranquillity All which the City submitted to So the Speakers and Members which had run to the Army returned again and annulled all the Acts and Orders which had passed since the 26th of July last Here observe That the Members which did not run to the Army but met in Time and Place according to that Adjournment were as much a Parliament as those which continued at Westminster after the King left them and the Members which met at Oxford were as much a Parliament as those which met after they were restored by the Army When the Members were returned the Commons voted an Impeachment of High Treason against the Earls of Suffolk Lincoln and Middlesex and the Lords Berkley Hunsdon Willoughby of Parham and Maynard such a Stalking-Horse was Treason now made and the Crime no more than what themselves had done after the King left them And Sir John Gage the Lord-Mayor Alderman Bunce Langham Cullam and Adams were committed to the Tower for High-Treason for Forcing the Parliament But if this were Treason in them before the next Year goes round you 'll see Cromwel out-treason this a Bar and half And as Sir Phil. Gurney Sir Henry Garoway and Sir George Whitmore were committed to the Tower for adhering to the King against the Parliament so now the Mayor and Aldermen were committed to the Tower for adhering to the Parliament against the Army During these Discords and Confusions the Scots were in great Grumble that the Work of Reformation which united both Kingdoms in Adherence to their Solemn League and Covenant was in danger to be overthrown by the over-spreading of Heresy and Schism which was so much more lamented by how much after their Bargain and Sale of the King both Houses voted That if the King refused to pass Propositions for Peace they will do nothing which may break the Vnion and Affection of both Kingdoms but to preserve the same This was the 28th of December 1646. Now both Factions Parliament and Army
seem to court the King and the Parliament sent Propositions of Peace to the King at Hampton-Court the same they sent to the King at New-Castle when he was in the Power of the Scots which you may read in Whitlock's Memoirs fol. 120. b. and 121. a. But now the Mystery of Iniquity works for Cromwel was as fearful the King should agree with the Parliament as the King was unwilling to agree to them and therefore Cromwel gave Instructions to the Commissioners That if the King would assent to Propositions lower than those of the Parliament that the Army would settle him again in his Throne Hereupon the King returned Answer to the Parliament That he waved now the Propositions sent to him or any Treaty upon them and flies to the Proposals of the Army urges a Treaty upon them and such as he shall make professes he will give Satisfaction to settle the Protestant Religion with Liberty to tender Consciences to secure the Laws Liberty and Property and Privileges of Parliament and of those concerning Scotland he will treat apart with the Scots Commissioners See Whitlock ' s Memoirs fol. 271. b. Upon the reading of the King's Answer a Day was appointed by either House to consider of it and that in the mean time it be communicated to the Scots Commissioners There was a Report at that time and so yet continues tho I cannot find the bottom of it yet I am confident in time it will appear that Cromwel made a private Article with the King That if the King closed with the Propositions of the Army Cromwel should be advanced to a Degree higher than any other as Vicar-General of England as Cromwel was in the Reign of Henry 8. But the King was so Uxorious that he would do nothing without communicating it to the Queen and wrote to her That tho he assented to the Army's Proposals yet if by assenting to them he could procure Peace it would be easier then to take off Cromwel than now he was the Head that govern'd the Army Cromwel who had his Spies upon every Motion of the King intercepts these Letters and resolved never to trust the King again yet doubted that he could not manage his Designs if the King were so near the Parliament and City as Hampton-Court therefore Cromwel sent to the King That he was in no Safety at Hampton-Court by reason of the Hatred which the Adjutators had to him and that he would be in more Safety in the Isle of Wight Hereupon the King upon the 11th of November while the Parliament and Scots Commissioners were debating the King's Answer to their Propositions at Night made his Escape having Post-Horses and a Ship provided for him at Southampton accompanied only with Sir John Berkley Colonel Leg and Mr. Ashburnham and came to the Isle of Wight which would morally have been impossible if Cromwel and his Agents had not put the King upon it But how concealedly soever Cromwel and his Son-in-law Ireton had carried the Business of the King's Escape to the Isle of Wight yet the Adjutators had some Jealousy upon them that they designed to have the King establish'd and possest the Soldiers with much Prejudice against them Fairfax doubting the Event of these Practices dismist the Adjutators to their several Regiments and sent most of their Officers to their several Charges and appointed a General Rendezvouz of the Army at Cork-bush-field between Hertford and Ware upon the 14th which the Adjutators endeavour'd to have prevented The next Day many Soldiers of five whole Regiments mutiny'd against their Officers and wore Marks of Distinction to be known from the rest Cromwel Ireton and some other of the Officers struck at by the Adjutators were very active in suppressing them and seized upon some of the principal Mutineers and one or two of them were shot before their Troops were reduced and most of the Mutineers and the Officers which favoured them were tried at Court-Martials and cashier'd and three of them condemned to die And for this Cromwel had the Thanks of the House but it will not be long before they shall find little Joy of it From the Isle of Wight the King upon October the 18th sent to the Members for a personal Treaty of Peace at London which after much Debate was agreed to upon these four Preliminaries 1. An Act For Raising Settling and Maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and the Dominion of Wales 2. An Act For recalling all Declarations Oaths and Proclamations against the Parliament or those who had adhered to them 3. An Act That those Peers who were made after the Great Seal was carried from the Parliament may be made uncapable of Sitting in the House of Peers 4. That Power may be given to the Houses to adjourn as they shall think fit The King it may be not knowing Cromwel had intercepted his Letters to the Queen and so trusting to Cromwel's Promises and the Scots Commissioners flatly protesting against these Preliminaries as opposite to Religion the Crown and Agreement of the Kingdoms refused to sign any Propositions till a Peace was made which might comprehend all Interests Which had no other Effects than that the Lords and Commons Voted 1. That they will make no further Applications or Addresses to the King 2. That no Addresses or Applications be made to the King by any Person whatsoever without Leave from both Houses 3. That the Person or Persons that shall make Breach of this Order shall incur the Penalty of High Treason 4. That they will receive no more Messages from the King and that no Person do presume to bring any Message from the King to both or either Houses of Parliament or any other Person But these Votes were too hot to hold long These Votes were so pleasing to the Army that it was declar'd by a Council of War the 17th of January That they resolved to endeavour to preserve the Peerage and Rights and the Rights of the Peers of England notwithstanding any Scandals upon them to the contrary Yet within little more than a Year the Rump set up by the Army shall turn them out of doors as dangerous and useless Here see what a Labyrinth Men run into when they forsake the Paths of Justice for as Socrates says Plato Eutiphro If Men in Dissension will not submit to some certain Rule which may determine them their Dissensions will be endless and that the Will of the Gods if it be divided cannot be the Rule to determine Justice for Men in obeying one God may disobey another If therefore the Laws and Constitutions of the Nation may not be the Rule which may determine the Controversies between the King the Members the Scots and the Army then nothing can for else what pleased one would displease the other The King would gladly have had the Law to have determined the Controversies for this would have vested him in his Royal Power and by the 18th of Henry
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
Ringleaders of these were Bidle Cops Fry Erbury Saltmarsh c. But more blasphemous than these was one James Naylor I saw him when he stood in the Pillory before Westminster-hall who personated our Saviour and was like his Picture in his Words and Gestures and so mad was he and many of his Crew that getting upon a Horse-Colt an Ass would have becom'd him better he came riding to Bristol his Sect strewing his way with Leaves and Boughs of Trees crying Hosanna Blessed is he who cometh in the Name of the Lord. Nor did he stay here but imitated our Saviour in affecting his Divinity as that he could Raise the Dead Heal the Sick and Fast 40 Days In these Distractions without to prevent which Cromwel took little Care Cromwel had little Peace within He was obey'd by none for Love had no Title to his Greatness but by Barebone's Parliament of his own making his own Will and the Flattery of some of the Officers of his Army yet the Body of the Army and a greater part of the Officers look'd upon him as a Tyrant and Usurper and with these the Generality of the Commonwealth Party agreed The Presbyterian Party hated him and he knew the Royalists would never obey him if ever they could find an Opportunity to get rid of him The Crown-Lands and the established Revenues he reserved by his Instrument of Government would not near maintain the Charges of his Intelligence and Army which in a manner lived upon Free Quarter and the Decimation of the Royalists bore no Proportion to support them His Expendition to Hispaniola from which he expected Mountains of Gold proved not only dishonourable but thereby he contracted so great a Debt as he could never live to overgrow In these Disquietudes of Mind his Looks were intent upon new and unusual Spectacles He took particular notice of the Carriage Manners Habit and Language of all Strangers especially if they seemed joyful He never stirr'd abroad without strong Guards wearing Armour under his Clothes and offensive Arms too never came back the common Road or the same Way he went and always passing with great speed had many Locks and Keys for the Door of his Houses seldom slept above three Nights in one Chamber nor in any which had not two or three Back-doors and Guards at all of them To these Dr. Bates in the second Part of his Elenchus adds this That Cromwel being much troubled with the Stone used sometimes to swill down several sorts of Liquors and then stir his Body by some violent kind of Motion as riding hard on Horseback jolting in a Coach c. that by such Agitation he might disburden his Bladder Wherefore one Day he took with him his Secretary Thurlow that they two might privately use this Exercise in a Coach in Hide-Park When they came thither Cromwel got into the Coach-box drawn by six brave Horses lately presented to him by Count Ollenburg and so soon as Cromwel began to snap his Whip the Horses ran away and the Postilion was thrown off the Fore-horse the Horses fretting and growing unruly tost Cromwel from his Seat upon the Pole and falling from thence upon the Ground was intangled in his Coat and dragged up and down till he received many Bruises a Pocket-Pistol in the mean time going off â—â—d his Coat rent but a Guard of Horse which waited at the â—ate seeing the Disaster hasting toward his Assistance disâ—â—tanâ—ed him out of the Danger However Cromwel to establish his ill-acquired Greatness in his Family makes his Son Henry Lieutenant of Ireland and fain would have made his Son Richard Governour of Scotland but Monk would not budg there which it may be was as great an Affliction to Cromwel as all those he laboured under before Now was Cromwel driven to a Forc'd-put if a Parliament could not help him he had lost his Game So he in September 1656 sets up a new Bawble call'd a Parliament Cromwel set his Wits upon Tenterhooks to have those chosen for England to be for his Turn he cared not so much for those sent from Scotland and Ireland being sure of them To this purpose his Major-Generals used all their Endeavours equally to hinder the Elections of Royalists and Republicans for neither would sute with Cromwel's Designs However Cromwel would not suffer any to enter the House before he subscribed to the Authority of the Protector These Men chose Sir Thomas Widdrington Speaker who June 1657 begirt Cromwel in Protectorean Robes for King he would not be and told him That the Robe of Purple is the Emblem of Magistracy which imports Righteousness and Justice the Robe of Mixt Colour Justice and Mercy and a great deal more of such Stuff which Cromwel regarded no more than he did Barebone's Parliament and his Instrument of Government To ease Cromwel of the Trouble this Parliament put down the Major-Generals who were become troublesome to Cromwel himself as well as the Nation in general and made it Treason to conspire Cromwel's Death and that the Royal Family should be renounced These gave Cromwel the Customs and a Triennial Tax upon all Houses built upon New Foundations in London and within ten Miles round that every one of them should pay Cromwel a Year's Rent And to endear him the more this Parliament gave Cromwel Leave to name his succeeding Protector which he kindly accepted By this you may see the Nature of the Beast for when Cromwel's former Parliament disputed the Authority of his Instrument of Government he told them It was the Foundation of Government upon which they must build and not destroy and therefore it was unalterable by Act of Parliament and by the Instrument his Council was to chuse a Successor But now 't is for his Turn the Parliament may alter his Instrument and give him Power to name his Successor This Alteration of naming a Successor had another Effect too for Lambert who expected to succeed Cromwel and therefore told Cromwel's former Parliament That unless they would confirm it they the Officers of the Army would call another and a third and fourth till the Instrument of Government was confirmed Now his Hopes of Succession were balk'd he tack'd about and seem'd to join with the Republican Party Hereupon Cromwel took away Lambert's Commission and made his Son-in-law Fleet-wood Lieutenant-General in his place So that tho Cromwel got a Power after his Death he distracted his Power whilst he was alive And as Pedlars which have not Gold yet will shew something which may glister like it so Cromwel that his Parliament may seem like a Parliament will have a House of Lords too but these are not Lords with Titles but Lords of the Lord knows what If you 'll take the Measures of the rest I 'll give you a List of some of them There was Pride the Brewer Huson the Shooe-maker Barkstead the Thimble-seller Cooper an Haberdasher of small Wares Whaley a Broken Clothier c. Yet these Lords must not be
I cannot prove negatively that my Lord Chancellor did not first propound the King's Marriage with the Infanta of Portugal yet it seems to me reasonable he did not for these Reasons I never heard of any Discourse of this Match before the Arrival of the Queen-Mother in England or if any were it 's probable that Monsieur Courtin had this in his Instructions as well as that of moving the King not to abandon Portugal for both these tend to the same end and the French King all his Reign after sought to attain his Ends by Women as well as other Ways Nor can it be believed that the Prince of Portugal now engaged in War against Spain should pay the Queen's Portion 400000 l. I believe he did what he could give up Tangier and Bombay to the King which last Place he leased to the East-India Company for 10 l. per Annum but the Money was paid by the French King Though the Factions had such ill Success with previous Swearing which every one imposed upon the Nation when it was uppermost and which no Man regarded when another succeeded yet upon the Restoration of the King the Oaths of Allegiance and Supremacy which latter was only imposed upon certain Sorts of Men and as my Lord Verulam says sinks deep into the Conscience and was therefore interpreted by Queen Elizabeth in her Injunctions which were after confirmed by Act of Parliament were imposed upon all sorts of People and the Refusers looked upon as Enemies to the King and Favourers of the late Times And tho the Convention sate but from the 25th of April 1660 to the 29th of December following yet by this time the outward Face of almost all the Nation was quite changed the Cavalier Party under the Persecution of the late times lived quietly upon that part of their Estates which was permitted them after their Compositions and the Governing Factions put on a Countenance of Godliness and Sobriety whereas in the Jollity of the King's Restoration all sorts of Men even the Factions endeavoured to imitate the profuse Prodigality and Luxury of the Court which scarce entertained any but upon those Terms To humour the King the Publick Theaters were stuffed with most Obscene Actions and Interludes and the more Obscene pleased the King the better who graced the opening of them with his Presence at the first Notice of a new Play In this State the Convention was dissolved and a Parliament met the eighth of May 1661. where that they might outvy the Convention in Loyalty in the first Chapter they make Words to compass or imagine any Bodily Harm Imprisonment or Restraint upon the Body of the King or to Depose him or levy War against him to be High-Treason And if any shall any ways affirm the King to be a Heretick or Papist shall be incapacitated to hold any Ecclesiastical Civil or Military Imployment And that it shall be a Premunire in any to say The Long Parliament begun in November 1640 is not dissolved or that there lies any Obligation upon any one from any Oath to endeavour a Change of Government either in Church or State or that one or both Houses of Parliament have a Legislative Power and declare the Oath commonly called The Solemn League and Covenant to be an unlawful Oath and imposed upon the Subject against the Fundamental Laws and Constitutions of the Nation And Chap. 5. declare against Tumultuary petitioning the King or Parliament And Chap. 6. declare the sole Right of the Militia to be in the King This Parliament upon the thirtieth of July was adjourned to the twentieth of November This being but an Adjournment and so the Act of the Houses for as yet the King did not exercise his Prerogative of Proroguing them which hereafter you will see him very prodigal of I do not find that this Adjournment was made that the King might better proceed in his Bargain and Sale of Dunkirk to the French Yet I do say that before the Parliament met it was as I remember in September that the Bargain and Sale was perfected and Dunkirk put into the Power of the French But neither the Sale of Dunkirk without nor the keeping up a standing Army within called the King's Guards after it was disbanded and paid off by the Covention nor the King's Manner of Life could any ways abate the Loyalty of this Parliament to the King and keep him they would whatever came of it And to all the Provisions for Security of his Person and Power they will add that to keep him in which the Rump in its last Breath did to keep him out viz. To swear to keep him out And therefore the Parliament Chap. 2. made the Corporation-Oath to be taken by all the Members of Corporations viz. I A. B. do declare and believe that it is not Lawful upon any Pretence whatsoever to take 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 commissioned by him So help me God This I think is one of the first Laws that ever was made to swear to Opinions and Belief And sure if Swearing would determine Controversies and Beliefs all Learning Reasoning and Instruction would be at an end and he that swears most is the best Logician and the Godliest Man We will therefore consider the Nature of an Oath and those who are to take this Oath If we consider Man and other Sensitive Creatures in their Creation and Generation they were all passive and they were created and generated without any Act of their own Will or the Counsel or Concurrence of any Creature but of a Divine and Omnipotent Power and by a Providence and Prescience not less wise and good than the Power was Omnipotent they had Food and other Means for their Continuance in this World provided before they were created or generated But though God without the Act of the Will of any Creature did make Man and other Sensitive Creatures by an inimitable Power which he communicated to no Creature and by an unscrutable Wisdom and Goodness did provide for them before they were made or generated yet did he not in vain make them Organical Bodies endued with Life Sense and Motion so that after they were made they might seek food which God had before provided for them and preserve themselves from other Creatures which might be hurtful to them As Sensation is naturally common to Man and other Sensitive Creatures so are the Passions of Love Fear Hatred and Desire viz. Love of those things which conduce to their Welfare and Preservation Fear of those things which are hurtful to them accompanied with an Hatred of them and a Desire of generating their Like in other Bodies Besides these Attributes common to other Creatures God endued Man with an Intellectual and Reasonable Soul which is proper to Man exclusive to other Creatures and made all things in this our Habitable World for the Use of
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
paid or was one tenth part so highly caressed by their Subjects in a time of Peace Was it not strange then that the King should be in such Necessities for Money as to borrow such great Sums of the City for carrying on this hasty War before the Parliament should meet to supply him Whereas when Queen Elizabeth came to the Crown her Revenue besides the Court of Wards and the Dutchy of Lancaster was but 188179 l. per Annum and the Crown left in Debt by her Father Brother and Sister which she afterwards paid and for the four first Years of her Reign the Parliament gave her but one Subsidy and two Fifteens about 120000 l. Yet in these Years she fitted up her Navy Royal so as it was not only superiour to those of all the Neighbouring Nations but of any Prince in the World and also sent a Fleet and Land-Army into Scotland with which she expelled the French out of it And the Parliament in the fifth Year of her Reign gave her but another Subsidy and two Fifteens wherewith she assisted the Princes of the Reform'd Religion in France Whereas the Parliament in the fifth Year of this King 's actual Reign gave him 2467500 l. for carrying on the War against the Dutch I will not dispute the Justice of this War yet sure never was any made with such Precipitancy and Inconsideration both abroad and at home for as the King entred into no Alliances or Confederations abroad in it so on the contrary France and Denmark our next Neighbouring Nations join'd with the Dutch against the King and that tho the Spaniard stood Neuter in it yet the King had little reason to expect any Benefit from him having been so used in the King's Sale of Dunkirk to the French and joining with the Portuguese and French against the Spaniard And as the King had made no Foreign Alliances abroad so had he not laid up any Naval Stores at home and which is worse he had the Act of Navigation tho made by the Rump yet the Parliament 13 Car. II. confirmed it or set the Royal Stamp upon it to struggle with to supply himself with Naval Stores for carrying on the War For the Rump were as hasty in making the Act of Navigation as the King was in entring into this War and made it general without any Consideration of Time either in War or Peace and herein their Zeal to make this Law outrun their Wit or Memory for these very Men about ten Years ago viz. 16 Car. I. 21. which yet stands unrepealed taking notice of the manifold Mischiefs tho in time of Peace which happened by reason the Importation of Gunpowder was prohibited contrary to Law viz. That the Price of Gunpowder was excessively raised many Powder-Mills decayed the Kingdom much weakned and endangered the Merchants much damnified many Mariners and others taken Prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish Pirates and many other Inconveniences thereby ensued and like to ensue Therefore this Act made the Importation of Gunpowder Salt-petre and Brimstone free to Strangers as well as Natives and a Premunire to hinder it Whereas in this War if the East-India Company shall set double or treble the Price upon Salt-petre or if their Ships should miscarry yet by this Act it is Confiscation of Ship Goods Tackle Apparel and Ammunition for the Subjects of any other Nation to import Salt-petre or Gunpowder The King tho this were a Naval War having laid up no Stores for it yet if the Swede from any Port of Norway but Gottenburg or if the Bradenburgher Lubeker Hamburgher or Emdenber should import any from any Port of Norway or any rough Hemp or Flax from Leifland or Prussia for making Cordage or Sails this had been Confiscation of Ships Goods Guns Tackle Ammunition and Apparel by this Act. This Act restraining the English in the Newcastle Trade and to the Plantations to navigate their Ships by three fourths English the King was forced to man his Fleet with pressed Men the greater part whereof were Land and Water-Men Whereas if it had been free for the English during the War to have imployed Foreigners in these Navigations the King might have above twenty thousand of his best Sea-men more than he had to man his Fleet and the City of London and other Parts of England throughly supplied with Coals at half the Prices and with more Security The King by reason of this Act in the first Year of this War was forced in the dead of Winter to send Sir John Harman to Gottenburg with a Squadron of Men of War for Masts Pitch and Tar where by the Coldness of the Season some of the Ships were frozen up and many of the English lost their Noses and were benumm'd in other Parts with the Cold Yet all agreed if the King had not been supplied with Naval Stores by this Fleet he could not have fitted out a Fleet next Year These things tho evident to any Stander-by yet the Parliament took no notice of them However the King wisely dispensed with the Act of Navigation so far as it related to the Importation of Naval Stores and Hemp and Flax with this different Success that tho the Parliament the Year before boggled at the King 's dispensing with the Penal Laws against Dissenters yet they took no notice of the King 's dispensing with the Act of Navigation Tho this War was thus hastily begun yet was it managed more carelesly and prodigally than ever any was before The Officers of the Fleet like those of the Guards bought their Places to sell their Lives the poor common Sea-men not paid and wanting Money to pay their Quarters were forced to take Tickets for less than half their Wages whilst Favourites swelled into incredible Riches by the Ruin and Spoil of the Nation The innumerable Prizes taken from the Dutch were so far from contributing to the Charges of this War that many of them were given to Women and Favourites and became a Charge to the King no Inspection must be into the defraying the Monies given for the War for this was to distrust the King The Officers who had bought their Places in the Fleet instead of minding their Business made it their Business how to be Gainers for the Purchase of their Places and caballed how they might improve their Interest at Court However the King receiving no Satisfaction from the Dutch for the Injuries done to Sir William Courten and Sir Paul Pindar upon the 17th of May 1665 granted Letters of Reprisal to Sir Edward Turner and George Carew their Executors c. against the Dutch till they should be satisfied 151612 l. This Grant to stand in force notwithstanding any Peace to be made till Sir Edward Turner c. were fully satisfied of the said Sum with all their Costs and Damages Sir Thomas Allen opened the first Sea Campagn by falling upon the Smirna-Fleet and took four of them richly laden and the
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-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
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
several times and renewed the Charge but could not prevent their plain Flight yet made so brave a Retreat which wanted little of the Honour of a Victory so both the Citadel of Cambray and St. Omers upon the 20th of April fell into the French Hands and thereby the main Strength of the Frontier to the Dutch Netherlands lost And by these Conquests the French King not only delivered his own Subjects from the Contributions they paid to these Cities but enlarged his upon the Residue of the Spanish Netherlands Upon the 15th of February 167 6 7 the Parliament met again and from the Variance between the Houses about Appeals from Chancery to the Lords they fell at Variance in both Houses whether this long Prorogation were not a Dissolution The Contest was highest in the House of Lords and the Duke of Buckingham the Earls of Salisbury and Shaftsbury and Lord Wharton where committed close Prisoners to the Tower for their Reason alledged yet the Lords who voted their Commitment this Session were as zealous the last to petition the King to dissolve the Parliament when the Commons contested their Jurisdiction in Appeals from Chancery But tho the Commons being in love with their sitting resolved the Parliament not to be dissolved yet they committed none of their Members for debating whether the Parliament were not and granted the King an Additional Duty upon Beer Ale and other Liquors for three Years for now was the time to secure Religion and Property said my Lord Chancellor But whether the Parliament were dissolved or not the Commons were mightily alarm'd at the French Progress in Flanders and therefore upon the 23d of May resolved that an Address be made to the King to enter into a League Offensive and Defensive with the States General of the Vnited Provinces and make such other Alliances as he should think fit against the Growth and Power of the French King and for the Preservation of the Spanish Netherlands It seems the Ministers were as fearful of a War as the Commons were of this Peace wherein the Spanish Netherlands were in such Danger and therefore the King in his Answer upon the Twenty eighth of May told the Commons They had so intrencâ—â— upon so undoubted a Right of the Crown that in no Age it will appear when the Sword was not drawn the Prerogative of making War and Peace had been so dangerously invaded with a great deal more of suâ—â— Stuff and therefore assures them that no Condition shall make him depart from or lessen so essential a Part of the Monarchy A Man I think may swear out of what Quiver this Arrow was shot As if any King were less a King for being well advised especially by those who can best assist him To advise and to act 〈◊〉 different The Commons did not in this Address treat either 〈◊〉 War or Peace but only advised or counselled the King excited to it by their own as well as the King's Danger by the Growâ— of the French And sure Princes have not such a Prerogative a not to take Advice or Counsel in less Actions than of War and Peace If you look upon the King 's former Actions what Glorious Wars and Honourable Peaces he had made you had little reason to think it so dangerous to his Prerogative to advise him For my part I wonder the Commons should make any Address to him about them since they could have no Security in any Answer he should make to their Address For was not the King a Guaranty in the Treaty of Aix for the Preservation of the Spanish Netherlands before the Swede entred into the Triple Alliance And did not the King in the Beginning of this War declare he would observe the Treaty of Aix which he might do tho the Swede were out of it And was not the King by the last Peace with the Dutch obliged to withdraw his Subjects out of the French Service yet did not only continue them but permitted nay pressed his Subjects to recruit and encrease them In the first Dutch War which was designed for the Overthroâ— of the Protestant Interest then the Commons Advice was embraced and thankfully entertained but in this for the restraining the boundless Ambition of the French King is an unheard of Usurpation of the King's Prerogative However by this the Commons might perceive what Thanks they had from this King for their Restoration of him and for the manifold Millions they had poured upon him for the maintenance of his Prodigality and Luxury and how much he preferred the Enjoyment of his Minions and Flatterers above his own Honour the Safety and Welfare of himself the Nation or Christendom The King to shew his further Indignation to the Commons and to take French Counsels for Reparation of their dangerous Invasion of his Prerogative signified to the Commons that they should adjourn till the sixteenth of July following which was so absolutely obeyed by the Speaker then Mr. but now Sir E. S. that without the Consent of the House or so much as putting the Question he adjourned them to the sixteenth of July though Sir John Finch was impeached for the same thing of High Treason in Parliament in 1640. So that if the Parliament were not dissolved by the last long Prorogation another Question may now arise whether it was not so by their Separation without either Prorogation or Adjournment But in this time of War it seems the French King was not at leisure to give Counsel therefore when the Parliament met on the tenth of July Mr. Secretary Coventry signified that it was his Majesty's Pleasure they should be adjourned to the Third of December which Mr. Speaker did again by his own Authority But before the Third of December the King issued out his Proclamation that he expected not the Members Attendance then but that those about the Town might adjourn themselves to the Fourth of April 1678 yet when the House met the third of December Mr. Secretary Coventry delivered the House a Message from the King that the House should be adjourned but to the fifteenth of January 1677 which Mr. Seymor this third time did Thus did the Speaker make a threefold Invasion upon the Privilege of the House for the House's once presuming to invade his Majesty's Prerogative of making War and Peace In this Jumble of Adjournments the Prince of Orange about the End of September came into England and from Harwich rode Post to New-Market where the Court then was his Business was twofold a Wife and a Treaty with the King for the Preservation of the Spanish Netherlands terribly shaken by this last French Campagn Sir William Temple was sent into Holland by the King in July 1674 to mediate a Peace between the French King and States and after that to offer the King's Mediation for a general one between the Confederates and French King The Spaniards were fearful of this and the Prince jealous of it so that the Governour of the Spanish Netherlands
positive Refusal that the Blow came to be eluded which could not otherwise be avoided as Sir William Temple says tho I believe it was intended even when the Prince went out of England However about the latter end of December 1677 the King sent to Sir William Temple to the Foreign Committee and told him he could get no positive Answer from France and therefore resolved to send him into Holland to make a League there with the States for forcing France and Spain into a Peace upon the Terms proposed if either refused To which Sir William told the King what he had agreed was to enter into a War with all the Confederates in case of no direct and immediate Answer from France That this perhaps would satisfy the Prince and Confederates abroad and the People at home But to make such a League with Holland only would satisfy none of them and disoblige both France and Spain Besides it would not have such an Effect or Force as the Triple Alliance had being a great Original of which this seemed an ill Copy And therefore excused himself from going And so the King sent Mr. Thyn with a Draught of the Treaty to Mr. Hide who was then come from Nimeguen to the Hague upon a Visit to the Princess which was done and the Treaty signed the 16th of January tho not without great Dissatisfaction to the Prince This Tergiversation of the Court set fire to the Jealousies in Holland especially at Amsterdam that the Prince by this Marriage had taken Measures with the King as dangerous to the Liberties of Holland and make it there believed that by this Match the King and Duke had wholly drawn the Prince into their Interests and Sentiments The French hereupon proposed other Terms of Peace to the Dutch far short of the King 's and less safe for Flanders restoring only six Towns to the Spaniard and mentioning Lorain but ambiguously which would not have gone down in Holland but for the Suspicions raised by the Prince's Marriage among the People there who had an incurable Jealousy of our Court and thereupon not that Confidence in the Prince that he deserved If we take this Reign as one thing you 'll find it made up of almost infinite Confusions and Disorders and scarce one regular Act in it and now we are come to one which is without any Precedent which was this You heard before how the King to gratify the French Ambassador for not acquainting him with the Marriage with the Prince had prorogued the Parliament to the 8th of April next viz. 1678. And now Mr. Thyn had made this League with the States the King thought this a good occasion to get Money from the Parliament upon it and was loth to stay till the 8th of April for it and therefore by his Proclamation commands the Parliament to meet upon the 15th of January before the 8th of April Prorogations of Parliaments are new and I think were never heard of in England before the Reign of Henry VIII and are said to be the Acts of the King but Adjournments the Acts of the House to a certain Time and Place and both Houses must be sitting and in being when they are either so prorogued or adjourned I remember upon the discovery of Câ—leman's Letters the Court were mightily surprized at it and the Parliament was to have met some few days after upon a Prorogation which the King in that Surprize unwilling they should did therefore call a Council to advise whether he might not prorogue them to a further day without the Houses meeting and 't was said my Lord Chancellor Finch was of Opinion he might and thereupon Sir Edward Seymour Speaker of the House of Commons having Occasions in the Country went out of Town but some body acquainted the King of the Doubtfulness of the Chancellor's Opinion and desired the King to advise with old John Brown who had been Clerk of the Parliament for near forty Years the King did so and John Brown was positive that in case the Houses did not meet at the Time and Place appointed the King by his Proclamation could not prorogue them but it would be a Dissolution of the Parliament Whereupon the Speaker was sent for back again and so many of both Houses met as would make a Parliament which it 's said is forty Commoners and seven Lords and then the King prorogued them But this Consideration was not that I find taken notice of by either House tho both met according to the King's Proclamation The Houses thus met the King acquainted them with the League he had made with Holland and demanded Money of them to carry on the War against France in case France did not comply with the League whereupon the Parliament granted him a Tex by Poll and otherways which amounted to 1200000 l. not for Peace but to enter into an actual War with France But this Tax shall only beget another to disband an Army raised upon that Pretence tho no War was entred into against France But so far was the French King from giving up any Towns notwithstanding the Agreement the King had made with the Prince or the League he had made with Holland that about the latter end of January he had made an Attempt upon Ipre and threatned Ostend and in March following by open Force takes both Ipre and Gaunt yet the French Ambassador here continued his Court and Treaty with all the Fairness that might be The French having now taken Ipre and Gaunt were so far from proceeding in any Treaty either with England the Confederates or Holland or in the Treaty at Nimeguen that about the first of April the French King made publick Declaration of the Terms upon which he resolved to make Peace which tho very different from those agreed upon between the King and Holland and more from the Pretensions of the Allies yet this way of treating the French pursued in the whole Negotiation afterwards declaring such and such were the Conditions which they would admit and no other and upon which the Enemies might chuse either War or Peace and to which France would not be tied longer than the 10th of May after which they would be at Liberty to change or restrain as they should think fit But how imperious soever the French were abroad yet they dreaded a Conjunction of England either with the Dutch or Confederates and therefore thought fit to wheedle our Court till the Affairs of the Confederates should become so desperate as to submit to what Terms the French King should impose upon them And to this purpose Mr. Mountague now Earl sent a Pacquet to my Lord Treasurer giving an account of a large Conference Monsieur Louvoy the French King 's grand Minister of State had with him by the King his Master's Order wherein he represented the Measures they had already taken for a Peace in Holland upon the French Terms and that since they were agreed there they hoped his Majesty would not be
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
Lords in their Petition set forth That the King by divers Speeches and Messages to both Houses of Parliament declared to them the Danger which threatned his Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the sudden Growth of a foreign Power from which no Remedy could be provided unless by Parliament and the uniting the King's Protestant Subjects That upon the 21st of March 1679 his Majesty having chosen a Council of many honourable Persons declared to the Parliament and whole Nation That being sensible of the Evil of a single Ministry or private Advice for the future he would refer all things to that Council with the frequent Advice of his great Council of Parliament That to their unspeakable Grief that Parliament was soon after prorogued and dissolved before it could perfect their intended Relief and Security to the Nation and tho another were called yet they were not permitted to sit till the 21st of October last when his Majesty declared That neither his Person nor the Kingdom could be safe till the Plot was gone through yet upon the 10th of January following it was prorogued whereby all their pious Endeavours to save the Nation were overthrown and the good Bills for uniting his Protestant Subjects brought to nought the Discovery of the Irish Plot stifled and the Witnesses to prove the same discouraged whereby the Strength and Courage of our Enemies both at home and abroad are encreased and our selves and Country left in Danger to be lost and brought to Desolation That in these Extremities under God they had nothing to comfort them but the Hopes of the Parliament's meeting at the Day to which they were prorogued but that not only failed by their Dissolution but to call another at Oxford where neither Lords nor Commons can be in Safety but exposed to the Swords of Papists and their Adherents of whom too many were crept into his Majesty's Guards the Liberty of Speaking destroyed and the Validity of their Acts left disputable That the Straitness of the Place could not admit of the Concourse of People which follow the Parliament That the Witnesses to give Evidence against the Popish Lords and others would be put to great Charges which they cannot bear nor trust themselves under the Protection of the Parliament which it self is under the Power of Guards and Souldiers and therefore pray that the Parliament may meet and sit at Westminster Sir W. J. adds another Reason That the Meeting of the Parliament at Oxford would have the Inconvenience of making use of the Journals of the Houses and other Records I do not find what Answer the King gave the Lords but he expressed his Displeasure by a Frown and how loose soever he was in all his Promises to the Parliament you 'll see him steddy in this of the Parliament's meeting at Oxford yet not forget the Lords that petitioned him whereof the Duke of Monmouth the Earls of Bedford Essex and Shaftsbury were four But before we proceed to discover what was done in this short Interval between the Dissolution of this last Westminster Parliament and the meeting of that at Oxford it will not be amiss to take the Resemblance which was between the Tories and Whigs at this time with the Prerogative-Men and Puritans during Laud's Regency in the Reign of King Charles the First In those Times the Prerogative and high-flown Church-men however they were countenanced and preferred by the Court yet of all Factions were the least considerable in the Nation and had the least Interest in it even less than the Papist and when they had by their Extravagancies and tyrannical Dominion given such a Reputation to the Puritan Party as by Contradiction or Opposition of them to be able to raise a War in the Nation they were not only less assisting the King in it than the Papists but generally ran counter and they and their Sons joined with the Puritans against the King So that the King being assisted in the War by the Nobility and Gentry who desired to preserve the Constitutions of the Church and State and by the Papists the Storm fell upon them without Distinction so that these equally exasperated against the Factions upon King Charles's Restoration were easily reconciled to join against them and thus it continued not only in the Body of the Nation but in the Parliament for the first ten Years after the King's Restoration But then the Popish Designs at Court beginning to appear almost bare-fac'd the Commons began to tack about but so did not the Lords especially the Lords Spiritual who could not forget the Injury done not only to their Persons but their whole Order as well in throwing them out of the Lords House as extirpating Episcopacy and the King having multiplied a Nobility of his Favourites these joined with the Bishops who yet maintained the King's absolute Power under a new Title of Passive Obedience to it had a great Majority opposite to the Commons As Laud's Instruments had the Dominion of the Press whereby they vented all their Spight against the Puritans and persecuted them if they made any Answer so did the Tories and as Laud's Faction stigmatized all others except Papists which were not of their Faction with the Name of Puritans so did the Tories all other but Papists with the Name of Whigs But herein the Tories in this Reign had a great Advantage above the Prerogative-men in King Charles the First 's Reign for this Prince was of a more parsimonious Nature not at all becoming so great a Prince and had not one third of the Revenue which his Son had who profusely scatter'd it amongst his Minions and Favourites and sure it will set an ill Character upon his Memory to have it left upon Record by what strange ways to Honour and Justice he made himself a Drudg to his Favourites to get Money from his Subjects to support them whilst he became a Pensioner to the French King himself and was so loose in all his Leagues which he made with all other Princes and States After the Popish Plot broke out and the King had dissolved the Long Parliament the whole Genius of the Nation became quite altered as plainly appeared in their Election of the Commons in these two succeeding Westminster Parliaments who for their Quality were equal to any House of Commons that ever was before and the Tories have now as little an Interest in the Nation as the Prerogative-men had in King Charles the First 's Reign iâ— Laud's Regency However the Tories were balked of the Expectation of their Pensions by the Commons giving no Money in these two last Parliaments yet they abated nothing of their Impudence in making all but themselves and the Papists to be Whigs and that aâ— was now running back to Forty One and into a Commonwealth In this Disguise since the Meal-Tub Plot had no better Success one Fitz-Harris the Son of Sir Edward Fitz-Harris both Irish and Papists sets up
the others were so that they proceeded where the last Commons left and sat but seven Days wherein they had these foâ—â— Considerations under their Debates first the preparing a 〈◊〉 against the Duke of York's Succession the second the taking the Bill of the Repeal of the Act of 35 Eliz. out of the House of Lords the third an Inquiry into Fitz-Harris's Business the fourth a Prosecution against the impeached Lords in the Tower The Commons spent the three first Days in choosing their Speaker and confirming him and in taking Oaths as the Laws direct so that it was Thursday the twenty fourth of March before they entred upon any Business and being dissolved upon the Monday following they could make but little Progress upon the four Particulars aforesaid and each of them was so green that the Court would not endure much Enquiry into any one of them Upon the Debate of Fitz-Harris's Business one of the Members reported how that one Hubert had confessed that he had fired the City of London upon which the House resolved to examine him next Morning but before the House sat next Morning Hubert was hanged to prevent it and they remembred there was a Design to have tried the Popish Lords in the Tower by Indictment to prevent which the Commons exhibited general Impeachments against them with that Success that the Lords were never tried upon Indictments and the Judges gave their Opinions they could not Hereupon the Commons ordered an Impeachment of Fitz-Harris upon Friday the twenty fifth of March and ordered Sir Lionel Jenkins to carry it up to the Lords who at first refused it saying The sending of me upon this Message reflects upon my Master the King and do what you will I will not go Hereupon seveveral moved to call him to the Bar and several Speeches were made of his Offence but at last he relented and carried up the Impeachment to the Lords but the Lords threw it out But the Lords having thrown out the Impeachment the Commons the next Day being Saturday the twenty sixth ran high in their Debates upon it One said this was to have no further use of a Parliament but to serve a present Purpose Another said Indictments were brought against the Lords in the Tower yet that was no Impediment against their Impeachment in the Lords House and the last Day of the last Sessions of Parliament the Lords accepted an Impeachment of the Lord Chief Justice Scroggs and that this Denial of Justice by the Lords was greater than my Lord Chief Justice Scroggs's Denial of taking Presentments from the Grand Inquest of Middlesex by how much the Commons of Parliament are the great Inquest of the Nation Another said this is a new Plot against the Protestants of which Fitz-Harris is accused and the Commons impeach him and the Lords say We will not hear it and that if it were not for the Lords Fitz-Harris might have discovered all the Conspiracy and the Protestant Religion might have been saved and therefore moved That the denying this Impeachment tends to the Subversion of the Constitution of the Parliament and of the Protestant Religion Another said That this was a Confirmation of the Design to murder the King and the Duke consenting to destroy his own Brother and our King and therefore moved That if any Judg Justice or Jury proceed upon Fitz-Harris and he be found Guilty That the House would declare them guilty of his Murder and Betrayers of the Rights of the Commons of England to which was added upon the Motion of Sir W. J. or that any Inferiour Court shall proceed c. which was passed The Reason of these Votes were That if Fitz-Harris were tried upon an Indictment he must have been tried singly upon the Fact whether he were guilty or not of contriving and dispersing the Libel but upon an Impeachment the Commons might enquire into the whole Conspiracy Sunday March 27. The Houses sat not and the next Day Monday 28 in the Morning the King came suddenly and unexpectedly to the House of Peers and sent for the Commons and dissolved the Parliament and immediately took Coach and drove to Windsor leaving both Houses in an Amaze and the City of Oxford in a Hubbub If it were Sir William Jones who wrote the just and modest Vindication of the two last Parliaments viz. the last Westminster Parliament and this at Oxford pag. 393. he says The Peers at Oxford were so wholly ignorant of the Council that they never thought of a Dissolution till they heard it pronounced yet the Dutchess of Mazarine published the News at St. James ' s many hours before it was done If the Nation as well as the Parliament and City of Oxford were amazed at this Dissolution and Manner of it they were not less with the Declaration that followed it which though the King did not communicate to the Council till Friday the eighth of April yet the next Page says Monsieur Barillon the French Embassador read it to a Gentleman upon the fifth of April before and demanded his Opinion of it which the Embassador might better remember because of the great Liberty the Gentleman took in ridiculing it to his Face It 's observable that that Declaration was printed in French as well as English and many Gallicisms in it and particularly That it was a Matter extreamly sensible to us which was a Form of speaking peculiar to the French and unknown to any other Nation The Substance of the Declaration contained the Dissatisfaction the King took at the two Westminster Parliaments that they gave him no sutable Return to support the Alliances which he had made for the General Peace of Christendom nor for the further Examination into the Plot nor for the Preservation of Tangier and for their Votes That no Man should lend any Money upon any Branches of the Revenue or buy or pay any Tally of Anticipation upon any part of the King's Revenue This was not so for the Commons restrained them to the Custom Excise and Chimney-money given for other Ends see the Votes that they passed a Vote That the prosecuting of Protestant Dissenters was a Grievance to the Subject c. by which they assumed to themselves a Power of suspending Laws So the Commons might do any other Law found by Experience to be grievous and dangerous to the Subject and must do so in order to repeal such Laws and did not the King do so twice before by his Declaration of Indulgence though to a contrary End to what the Commons intended That these Proceedings caused him to dissolve that Parliament and to assemble another at Oxford who had warning given them of the Errors of the former and were required to make the Law of the Land their Rule and adding that he would not depart from what he had formerly declared concerning the Succession yet declared he was ready to hearken to any Expedients by which the Religion established might be preserved yet the Monarchy preserved viz. How
to preserve Fire and Water mingled together and was not the Monarchy of Scotland preserved though his Grandfather reigned twenty Years in Scotland while his Mother was alive without her and so continued after her Death That no Expedient would be entertained but a total Exclusion nor could be nor did the King ever propound any how otherwise the established Religion might be preserved That the Business of Fitz-Harris was carried to that Extremity that there were no hopes of a Reconciliation c. and put the Houses out of a Capacity of transacting Business it was upon Friday the twenty sixth of March the Commons sent up the Impeachment of Fitz-Harris and there were but Saturday and Sunday between this and the Dissolution of the Parliament and the Houses sat not on Sunday so that the King 's no Hopes or indeed Fears of a Reconciliation were very sudden Why might not the Lords if they had been permitted to have sat upon Conferences with the Commons and hearing their Reason have altered their Resolutions which is usual and it seems this Resolution of the Lords was very sudden and admitted of no great Debate to receive the Impeachment of Fitz-Harris and the same Day to throw it out which caused him to put an end to that Parliament However the King says that notwithstanding the Malice of ill Men who laboured to perswade the People that he intended to lay aside the Use of Parliaments he declared that no Irregularity in Parliament should make him out of love with them and that he was resolved to have frequent Parliaments yet lived near four Years after and never called another and in the Intervals would use his utmost endeavours to extirpate Popery and redress the Grievances of his Subjects the truth of this will best appear hereafter This Declaration which carries the Title of his Majesty's Declaration to all his loving Subjects was ordered to be read in all the Churches of England but if the Matter of it were so surprizing and amazing to the Nation the Manner of it was not less For never any King of England before as King no not this King's Father or Grandfather ever spake to his Subjects but either personally in Parliament or under the Broad Seal of England Whereas this Declaration is only Signed Francis Gwyn it might have been as well Edward Coleman and the Subjects as much obliged to have taken notice of the one as of the other And the Reason is twofold one That the Chancellor or Keeper is responsible if he puts the Seal to any Declaration or Proclamation not warranted by Law and therefore my Lord Chancellor Finch's Sagacity in not putting the Seal to this Declaration was as apparent as his Veracity which he would not expose in seconding the King's Speech at the opening the last Westminster Parliament And the other is to avoid all Impostures and Cheats which might otherwise be imposed upon the Nation under the Name of the King That we may take a better View of the rest of this King's Reign if it be worthy to be called so it 's fit we look into Scotland and see what 's doing there for the Discovery of the Popish Plot but it 's fit to look a little back and take notice that the King in his Speech at the opening of the Second Westminster Parliament told them that to take away all room for any Jealousy of his not prosecuting the Discovery of the Popish Plot he had sent his Brother beyond Sea but having by the Duke of Monmouth wholly suppressed the Kirk Party in Scotland he fairly sends for the Duke of York back again and from an Exile made him Vice-Roy or Regent of Scotland where all things lay open for him to prosecute his Designs as he pleased When the Duke came into Scotland the Earl of Argyle was one of the first that waited upon him The Earl's Story will better appear if first you take his Character He was Son of the Earl of Argyle after made Marquess by King Charles the First who so preferred him to take him off from heading the Kirk Party and thereby to oblige him to become of the King's side which had no Effect for the Marquess above any other of the Scotish Nobility was a most zealous Assertor of the Kirk's Power and was the Head of them when Montross took up Arms against them but though the Marquess was most unfortunate in it yet it no ways abated his Zeal to the Kirk nor was he less esteemed by them When Cromwel had overthrown Duke Hamilton and taken him Prisoner who came into England not to establish the National League and Covenant but to deliver King Charles out of Prison The zealous Kirk Party were highly offended at it and the Marquess of Argyle was the principal Agent to call Cromwel into Scotland to suppress the Hamiltonian Faction and to establish the Kirk which Cromwel then did though he undid it soon after and for this the Marquess was the first Year after the King's Restoration condemned and executed for High Treason upon which he lost all his Honours as well as his Estate But in all the Marquess's Actions his Son the Lord Lorn run counter to him and when this King Charles was in Scotland he was of all others the most obsequious to him and afterward when Middleton made some Incursions into Scotland for the King Lorn was most assisting in them Hereupon after the Marquess was attainted and executed King Charles restored his Son to all his Father's Estate and Honours except that of Marquess Afterward the Earl of Argyle continued constant in his Integrity to the King in all his Civil Affairs and was most zealous and forward in suppressing Tumults and Field-Conventicles so that before the Duke came into Scotland the King had so entire a Confidence in the Earl that he gloried that in thirty Years which must be computed from the King 's going into Scotland in 1650 he never received one Frown from the King how he should become such a prejured Traitor after the Duke's coming into Scotland is now to be enquired into The Earl of Argyle was one of the Lords of the Articles and by the Duke made one of the Committee for the Articles of Religion which by the Custom of Scotland and by the King's Instruction was to be the first thing treated of In this Committee an Act was prepared for securing the Protestant Religion which approved the Confession of Faith and also the Act containing the Coronation Oath to be taken by all the Kings and Regents of Scotland before their entry to exercise their Government This Act as drawn was less binding to the Successor of the Crown as to his own Profession yet did oblige as strongly the Maintenance of the Protestant Religion in the publick Profession by all others as before and added a Test to be taken by all in publick Emploiments to exclude the Popish Party out of them and because in case of a Popish Successor all Fines and
in taking the Customs without Grant of Parliament and such as were never granted by Parliament and in further raising Ship-Money and imprisoning the Members of Parliament without Benefit of their Corpus's yet he thought best to do it by such Judges as he should make So this King in the Executions of Fitz-Harris and Colledge would have the Colour of Justice by a Form of Law for which there was no Law But as the Knights of Malta could make Knights of their Order for eight Pence a-piece yet could not make a Soldier of Sea-man So these Kings tho they could make what Judges they pleased to do their Business yet could not make a Grand-Jury from whom the Judges in all criminal Cases between the King and Subject must take their Measures these Grand-Juries in London are returned by the Sheriffs and the Sheriffs are chosen by the Livery This Difficulty after my Lord Shaftsbury's Case put the Court to their Trumps and at present a Stop to their Proceedings The Assistance of the Duke of York was necessary but at this time he was as busy in Scotland about my Lord of Argyle as his Brother was in England about my Lord Shaftsbury The City upon the Dissolution of the Four last Parliaments were aware of the Designs of the Court and chose Sheriffs accordingly when Colledge's Bill was preferred Mr. Cornish and Bethel were Sheriffs and now another such was preferred against 〈◊〉 Lord of Shaftsbury Sir Thomas Pilkington and Mr. Shute were Sheriffs who tho at other times Sheriffs would rather fine than serve yet at this time none refused to serve so that unless Sheriffs of another Stamp were chosen all would be to no Purpose It 's scarce credible what a Noise the not finding my Lord Shaftsbury's Bill made all Justice now the Tory Party cried was stopped if these Ignoramus Juries were not set aside R. L. S. proclaimed Forty one would inevitably return and this countenanced by the Court flew out of the City all the Country over so that scarce any other thing was to be heard but of Ignoramus Juries and what would follow from them It was the latter End of Michaelmas Term the great Inquest returned an Ignoramus upon the Bill of High Treason preferred against my Lord Shaftsbury and in the Vacation all Wits were set on work how to take the Election of the Sheriffs of London out of the Power of the City and no other Expedient could be found out but by taking away their Charter which if it could be done would not only entitle the Court to making of Sheriffs but open a Gap to their making a House of Commons for near 5 6 of the Commons are Burgesses and Barons of the Cinque Ports who would not dare to contest their Charters if the City of London could not hold theirs So that in Hilary Term following a Quo Warranto was brought against the City for two hainous Crimes viz. That they had made an Address to the King for the Parliament to sit for Redress of Grievances and to settle the Nation yet King Charles the First thought the Parliament's Vote of non-Addresses to him was a Deposing of him and that the City had raised Money towards repairing Cheapside Conduit ruined by the Fire of London The City pleaded their Right and the King replied upon which there was a Demurrer but Judgment was not given upon it till Trinity Term 1683. However the Novelty of the thing caused an Amusement upon the Generality of the City and Nation too whereto this tended In the mean time the Duke having done his Work in Scotland was returned to London and his Zeal for promoting the Catholick Cause outwent his Patience for the Court's Judgment upon the Demurrer to the Quo Warranto so that Courtiers of the First Magnitude appeared barefaced for the next Election of Sheriffs and Sir Dudley North Sir Francis's own Brother and Sir Peter Rich were returned one by a shameless Trick the other by open Force Tho the Court had gained this Point they thought not fit to push it further till the Demurrer to the City Charter were determined in which such Haste was made that only two Arguments were permitted on either Side one in Hilary Term 1682-83 and the other in Easter Term following and so Judgment was given in Trinity Term next after against the City The Judgment against the City was as strange as the Election of the Sheriffs for it was without any Reason and by two Judges only one was Sir Francis Withens who had heard but one Argument and I believe understood but little of that and who after in the Absence of Sir Edward Herbert delivered that for his Opinion which Sir Edward when present disowned and Sir Thomas Jones However they said Justice Raimond was of their Opinion and so was Saunders the Chief Justice tho he was past his Senses and only had Sense enough to expostulate with them for then troubling him when he had lost his Memory But the Court of Kings Bench were not so ripe for this hasty Judgment as that at White-Hall was for Discovery of Plots against the Government and Justice of the Nation of which they set three on Foot viz. A Plot to surprize the Guards the Rye-Plot to murder the King and Duke as they should come from New-Market and the Black-Heath Plot for the People to rise upon a Foot-Ball Match if those Sheriffs would not do the Court's Work you may be sure the next should where the King should have the Nomination but these were as trusty as any the King could make and it was now Graham and Burton's Work to find Good Jury-Men and then the Sheriffs would be sure to return them In all these Plots for ought I can find the Fox was the Finder my Lord H and Rumsey in that of the Guards Lee and Goodenough in that of Black-Heath Keeling and West in that of the Rye-Plot Lee was set to trapan Rouse and Baker in the Black-Heath Plot. Rumball at whose House 't was said the Rye-Plot was to be acted upon his Death denied he ever knew of any But the Great Design was upon my Lord of Essex and my Lord Russel one the most eminent of the Nobility for his great Honour and all eminent Vertues the other of the Commons and both zealous Protestants and Opponents to the Design of introducing Popery and Arbitrary Power I will not again curtail Mr. Hawles's learned Remarks upon my Lord Russel's Trial on the Thirteenth of July 1683. yet I must observe how that that Day whether my Lord of Essex killed himself or was to be killed the King and his Brother were both in the Tower when the Act was done and immediately Notice was sent to the Old-Baily to give Notice of it to the Court that in the worst Sense Use might be made of it by the King's Counsel against my Lord Russel The Blaze of the Earl's having murdered himself having had its designed Effect upon my Lord Russel's Trial
Oates was in Town unless he should have the Minutes of his Examination before and so Mr. Page but Mayo and Butler both swore Oates was in Town but unless Sarah Pain could be found 't was impossible for Oates to prove Ireland was in Town in August for Bedlow was dead and Oates could not swear for himself But Ex tempore verum nascitur Ireland was Confessor to Mr. John Jenison Father of Mr. Thomas Jenison a Jesuit in this Conspiracy and who died in Newgate elder Brother of Mr. Robert Jenison This Mr. Jenison having been at Windsor in August 1678 came from thence to Ireland's Chamber the 19th and found him pulling off his Boots on the Frame of a Table being newly come from Staffordshire Ireland ask'd him from whence he came who told him from Windsor Ireland enquired about the Diversions of the Court Jenison said His Majesty's chief Delight was in Hawking and Fishing accompanied only with two or three early in the Morning How easily then might he be taken off answer'd Ireland Then Ireland asked Mr. Jenison if he would be assisting in taking off the King which if he would Ireland said he would forgive him 20 l. which he owed Ireland Afterwards Ireland ask'd him if he knew any Irish-men who were courageous and stout Jenison told him he knew Captain Levallian Kerney Broghall and Wilson then Ireland ask'd him if he would go along with these and assist in taking off the King which he refusing Ireland said he knew Levallian and Kerney and set down the other two Names in writing and said he was going to the Club to Mr. Coleman Mr. Levallian and Kerney and dunn'd Mr. Jenison for the 20 l. which he owed Ireland but Ireland at his Death denying he was in Town from the third of August till the fourteenth of September Mr. Jenison changed his Religion upon it and printed the Reason and after upon his Oath at my Lord Stafford's Trial declared this and a farther Account of the Conspiracy against the King and for introducing the Popish Religion If living Testimonies shall be doubted yet I conceive I shall put it out of doubt that Ireland was in Town when his Staffordshire Witnesses said he was in Staffordshire by a Proof which could not be bribed or corrupted One Mr. Benjamin Hinton a Goldsmith in Lombard-street was Ireland's Cashier and Mr. Hinton going out of Town at that time in Aug. 1678 met Ireland at or about Barnet coming for London when Ireland told him that he had extraordinary Occasions for Money and urged Hinton to go back with him but Hinton told him his Man could do Ireland's Business as well as he and his Occasions would not permit him to go back I asked Mr. Hinton the Truth of this to which he would not give me any Answer but be this true or false it 's entred into Hinton's Book of Accompts paid to Mr. Ireland ' s own Hands whereas the other Entries are paid by his Order and 't is said Mr. Hinton's Man would depose he paid these Monies to Ireland himself Mr. Hinton afterwards failing a Commission of Bankrupt was sued against him and his Book of Accompts was delivered and kept at the Widow Vernon's Coffee-house in Bartholomew Lane on the back side of the Royal Exchange where any Man may see the Truth of this Entry I am assured Mr. Hinton was in Court at Oates his Trial to have testified this but was terrified from it for fear of being undone However Oates was found guilty of Perjury upon both Points in this Trial before Jefferies and his Brethren and his Sentence was to be whipt from Aldgate to Newgate the next Wednesday after and the Friday after but a Day between from Newgate to Tyburn which was put in Execution with the utmost Rigour the Stripes of the first Whipping being so sore and green upon the second that few other Men could have undergone the second to stand in the Pillory five times in the Year and to be a Prisoner during Life which was as close as his Whipping was severe This was the first Act of this King's Clemency and Tenderness to his People in Imitation of his good gracious and kind Brother and this before any general Pardon as is usual upon Kings coming to their Crowns or the Parliament had met but it might be easily presaged whereto this tended and tho it began with Oates yet Dangerfield underwent as severe a Punishment with a worse Fate for discovering the Meal-Tub Plot to have thrown the Popish Plot upon the Presbyterians These were the Preparations which King James made before the Parliament met to demonstrate to the World and them how sincerely he had made good his Promise to his Privy Council That he would never invade any Man's Property and imitate his good and gracious Brother in his great Clemency and Tenderness to his People and make it his Endeavours to preserve the Government both in Church and State as it was established by Law By Law no new Laws can be made nor old ones repealed or the Subject taxed but by Parliament But Flatterers in this King's Father and Grand-father's Reign ascribed these Powers to the King without Consent in Parliament and that Obedience was due to their Absolute Will and Pleasure and the Parasites of this King and his Brother did the same but under a new Doctrine termed Passive Obedience but these Princes not trusting to this would make a Parliament Felo de se and by corrupting them in their Principles ruin the Being of them and so to be at the sole disposing of the Prince The House of Commons is made up of 513 Members whereof 92 are Knights of Shires and Counties the rest are Citizens Burgesses and Barons of the Cinque Ports so as the Knights of the Shires are not near one Fourth of the House of Commons The King creates the Temporal Lords in Parliament and names the Spiritual so that if the King can make the Members of Corporations to give up their Charters and take such as he shall grant it will be in his Power to make above â…˜ of the House of Commons The Parliament at Oxford being dissolved the Contrivance of the Court was to play this Game but because Warranto's against all the Charters in England tho the King had made Judges and the Sheriffs would be sure to return such Juries as should be sure to do the Work would take up so much time as King Charles should never live to enjoy the Fruits of his Design 'T was therefore contrived that after the Court had got North and Rich Sheriffs to return such Juries as should do their Work to begin at the City of London and if the Court could have Judgment against their Charter few or none of the other Corporations would presume to abide the Contest So said so done for in Trinity-Term in 1682 Judgment was given against the City Charter yet there were three remarkable Observations upon it First It was without any Precedent Secondly
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
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
Ancre's Fate did not end with his Life for the next day after he was buried the Lacquies of the Court and Rabble of the City digged up his Coffin tore his Winding-Sheet and dragged his Body through the Gutters and hanged it upon the Gibbet he had prepared for others where they cut off his Nose Ears and Genitors which they sent to the Duke of Main Head of the Popish League the great Favourite of the Parisians and nailed his Ears to the Gates of Paris and burned the rest of his Body and hurled part of the Ashes into the River and part into the Air and his Wife soon after was condemned by the Parliament of Paris for a Witch for which she was beheaded In the Year 1618 a Blazon Comet appeared and the Marquess of Buckingham by the removal of my Lord Admiral Nottingham who was so in the famous Overthrow of the Spanish Armado in 1588. was made Lord Admiral being as well qualified for that Office as he was for being Prime Minister in State-Affairs It was no wonder that Lewis XIII th after the Death of the Marquess d' Ancre and his Wife should remove his Mother from State-Affairs and confine her to Blois to make room for Luynes to govern him more absolutely than the Marquess and his Wife had done his Mother for Lewis as he was of a feeble Constitution both of Body and Mind so Luynes was a kind of Governor to him appointed so by his Father Henry the 4th to humour him in all his Childish Toys and Pleasures So tho Rehoboam when forty Years old was governed by young Men not in Years but Understanding so neither was it any great wonder that Edward the 2d a young Man should be governed by Pierce Gaveston a Person of far more accomplished Parts than Buckingham for Gaveston was bred up with Edward and had so far by his Flatteries prevailed upon him that Edward could not enjoy any Pleasure in his Life without him But for an old King having been so for above fifty one Years to dote so upon a young Favourite scarce of Age yet younger in Understanding tho as old in Vices as any in his time and to commit the whole Ship of the Common-wealth both by Sea and Land to such a Phaeton is a Precedent without any Example But how much soever the Safety of the English Nation was endangered hereby yet the but mentioning any thing hereof was an Invasion of the King's Prerogative and meddling with State-Affairs which was above the Capacity of the Vulgar and even of the Parliament as you will soon hear But how absolute soever the King was at Home the face of Affairs Abroad stood quite contrary for the Dutch having retrieved their Cautionary Towns out of his Possession had the King in such Contempt that they neither regarded him nor his new Lord High Admiral and this Year says the Author of the Address to the Free-men and Free-holders of the Nation in his second Preface f. 13 14. The Dutch never before fished upon the Coast of England till they had begged leave of the King or Governour of Scarborough Castle but this was now thought beneath the Magnificence of the Hogan Mogans and therefore they refused it They had been formerly limited by our Kings both for the Number of their Vessels they should fish with and the time Now they resolve to be their own Carvers and in order to that denied the English the Sovereignty of the British Seas and as if this had not been enough drew nearer and nearer upon the English Shores Year by Year than they did in preceding Times without leaving any Bounds for the Country-People or Natives to fish upon their Princes Coasts and oppressed some of his Subjects with intent to continue their pretended Possession and had driven some of their great Vessels through their Nets to deter others by like Violence from fishing near them c. as Secretary Nanton January 21 1618. told Carleton the Dutch Ambassador And to justify all this they set out Men of War with their Fishermen to maintain all this by Force But it was not Fish our new Lord Admiral cared for nor did he care for the King's Soveraignty of the British Seas so as he might be Lord High Admiral in Name The Sails of Buckingham's Ambition were not full swelled till to the Title of Lord High Admiral the Lord Warden of the Cinque-Ports was added to it tho he regarded the guarding the Coasts of England as little as he did the Soveraignty of the British Seas Nor did the accumulated Honours to himself alone satisfy his Ambition but a new Strain his Mother tho a professed Papist must be pullied up with him in a concurring Title of the same Honour by being created Countess of Buckingham And being thus exalted she forsook her Husband's Bed which she sanctified by being converted to the Church of Rome and as her Son governed the King so she governed her Son so that as Mr. Wilson observes fol. 149. tho her Son acted in appearance in all Removes and Advancements yet she wrought them in effect for her Hand was in all Actions both in Church and State and she must needs know the Disposition of all things when she had a feeling of every Man's Pulse for all Addresses were made to her first and by her conveyed to her Son for he looked more after Pleasure than Profit which made Gundamor who was well skill'd in Court Holy-Water among his other witty Pranks write merrily in his Dispatches to Spain that there were never more hopes of England ' s Conversion to Rome than now For there were more Oblations offered here to the Mother than to the Son Then he tells the Marquess's Behaviour to attain his Ends of Ladies how he married the Earl of Rutland's only Daughter the greatest Fortune in England but being a Papist how she was converted by Dr. White tho the Bishop of Litchfield attributes her Conversion to Dr. Williams Dean of Westminster but was brought back to the Church of Rome by the Countess of Buckingkam The next Year if you begin at January Queen Ann died the 22d of March but this is but a beginning of the King's Sorrows at least of his Troubles But this no way troubled our young Favourite but to encrease the Honour of his Family by Sir George's second Brood in June following he had his eldest Brother John created Baron Stroke and Viscount Purbeck tho I do not find he ever gave him one Penny to maintain these Titles Such disgust the King had taken at the Commons representing the Grievances to him in the last Parliament that in his Cups and among his Familiars upon all Occasions he would inveigh against Parliaments saying God is my Judg I can have no Joy of any Parliament in England and that he was but one King and there were alove five hundred in the House of Commons So as if he could have helped it he never would have been troubled with another but
Lord Keeper par 2. fol. 14 15. tit 14 15. The Lord Keeper at Woodstock was censured by the Duke and his Creatures for this the Keeper therefore unsent for comes to Woodstoock and thus applies himself to the Duke My Lord I am come unsent for and I fear to displease you yet because your Grace made me I must and will serve you though you are one that will destroy that which you made let me perish yet I deserve to perish ten times if I were not as earnest as any Friend your Grace hath to save you from perishing The Sword is the Cause of a Wound but the Buckler is in fault if it do not defend the Body You brought the two Houses hither my Lord against my Counsel my Suspicion is confirmed that your Grace will suffer for it What 's now to be done but to wind up a Session quickly The Occasion is for you because two Colleges in the Vniversity and eight Houses in the Town are visited with the Plague Let the Members be promised fairly and friendly that they may meet again after Christmas requite the Injuries done to you with Benefits not Revenge for no Man that is wise will shew himself angry with the People of England I have more to say but no more than I have said to your Grace above a Year past at White-hall confer one or two of your great Places upon your fastest Friends so shall you go less in Envy and not less in Power Great Necessities will excuse hard Proposals and horrid Counsels St. Austin says it was a Punick Proverb in his Country Ut habeas quietum tempus perde aliquid At the Close of the Sessions declare your self to be forwardest to serve the King and Commonwealth and to give the Parliament Satisfaction Fear them not when they meet again in the same Body whose ill Affections I expect to mitigate but if you proceed trust me with your Cause when it comes into the House of Lords and I will lay my Life upon it I will preserve you from Sentence or the least Dishonour This is my Advice my Lord if you like it not Truth in the end will find an Advocate to defend it The Duke replied no more but I will look to whom I trust and flung out of the Chamber with Menaces in his Countenance Mr. Rushworth fol. 202. says that the Keeper told the Duke in Christ-Church when the Duke rebuked him for siding against him in that he engaged with William Earl of Pembroke to labour the Redress of Grievances That he was resolved to stand upon his own Legs and that the Duke should answer If that be your Resolution look you stand fast Where Mr. Rushworth had this I cannot tell but this being so unlike the Keeper's Carriage to the Duke both in King James's time and after and also to the Narrative before set forth by the Bishop of Litchfield who being the Keeper's Chaplain could have a better Inspection herein than Mr. Rushworth could have had but especially since the Reasons which the Keeper put into the King's hands which you may read in the Life of the Keeper par 2. tit 18. to satisfy the King of his Carriage while the Parliament sate at Oxford being so contrary to what Mr. Rushworth says I incline rather to believe the Bishop However the Commons presuming to enquire into Buckingham's Actions are censured at Woodstock for spiteful and seditious and therefore not fit to continue but to be dissolved which being understood by the Keeper with Tears and Supplications he implored the King to consider there was a time when his Father charged him in the Keeper's Hearing to call Parliaments often and to continue them though their Rashness might sometimes offend him that by his own Experience he never got good by falling out with them But chiefly Sir said he let it never be said that you kept not good correspondence with your first Parliament do not disseminate so much Unkindness through all the Counties and Boroughs of your Realm The Love of your People is the Palladium of your Crown Continue this Assembly together to another Session and expect Alteration for the better if you do not the next Swarm will come out of the same Hive The Lords of the Council did almost all concur with the Keeper but it wanted Buckingham's Suffrage who was secure that the King's Judgment would follow him against all the Table Thus far the Bishop But there was another Cause which the Bishop does not mention but Mr. Rushworth does fol. 336. which caused the hasty Dissolution of this Parliament Captain Pennington was come to Oxford from delivering the Fleet into the French Power to give an Account of the Reason of it but by the Duke's means was drawn to conceal himself and not to publish in due time his Knowledg of the Premises as it shortly after appeared and if this should have been made known it would not have been in the Power of the Keeper to have brought off the Duke from Sentence or the least Dishonour so upon the 12th of August the Parliament was dissolved but before their Dissolution the Commons made this following Declaration WE the Knights Citizens and Burgesses of the Commons House of Parliament being the Representative Body of the whole Commons of this Realm abundantly comforted in his Majesty's late gracious Answer touching our Religion and his Message for the Care of our Health do solemnly vow and protest before God and the World with one Heart and Voice that we are resolved and do hereby declare that we will ever continue most Loyal and Obedient Subjects to our most Gracious Soveraign Lord King Charles and that we will in a convenient time and in a Parliamentary way freely and dutifully do our utmost Endeavours to discover and reform the Abuses and Grievances of this Realm and State and in like sort to afford all necessary Supply to his most excellent Majesty upon his present Occasions and Designs Most humbly beseeching our said dear and dread Soveraign in his Princely Wisdom and Goodness to rest assured of the true and hearty Affections of his poor Commons and to esteem the same to be as we conceive it is indeed the greatest worldly Reputation and Security that a just King can have and to account all such as Slanderers of the Peoples Affections and Enemies to the Commonwealth that shall dare say the contrary But the mighty Buckingham shall not only dare to say but dare to do the contrary so much easier is it in such a Reign for a Favourite to ruine a Nation than for a Nation to have Justice against a Favourite Here let 's stay a little and see what state the King had brought himself to within less than five Months after he became King First he took Mountague to be his Chaplain a virulent seditious ill-natur'd Fellow to protect him from his Contempt against his Metropolitan and the Parliament for publishing new-fangl'd Opinions to the Disturbance of the Peace
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
Fleet and an Army in readiness to compel the Covenanters to Obedience but not to consent to the calling of a Parliament or General Assembly till the Covenant be given up that now his Crown and Reputation for ever lies at stake that he had rather suffer the first which time would help than the last which is irreparable that the Explanation of the damnable Covenant makes him to have no more Power than a Duke of Venice which he will rather die than submit to Yet without dying he did submit to the Revocation of the Service-Book Canons High-Commission and the Articles of Perth forsakes the Bishops and by a Proclamation Sept. 22 1638 commands the Covenant to be subscribed by the Privy-Council and all his Scotish Subjects but this would not content the Covenanters because it came not from a General Assembly and because the Band of mutual Defence was not in the Proclamation Having gone thus far there was no going back and the King's Army and Navy was not yet ready the King therefore indicts a General Assembly to be held the 21st of November 1638 at Glasgow and a Parliament to meet at Edinburgh the 15th of May following The General Assembly met accordingly but the Marquess and the Assembly were at Variance about the Elections and Votes of the Lay-Elders and the Bishops sitting in the Assembly and the Votes of the King's Assessors in it But what the Marquess would have the Covenanters would not whereupon the Marquess on the 28th dissolves the Assembly upon Penalty of High-Treason The Covenanters and General Assembly protest against this Dissolution and sit notwithstanding yet profess all Duty and Obedience to the King in its due Line and Course which in plain English is They 'll do what they will and if the King will do what they would have him they will be obedient Subjects And in this Session they depose and excommunicate all the Bishops of Scotland To this State within less than two Years has his Grace of Canterbury brought the Church of Scotland and a terrible Cloud hangs over that of England whereby his Grace will have the Glory of becoming a Martyr in it Weston Earl of Portland died in the Year 1634 and Dr. Juxton Bishop of London was made Lord-Treasurer by whose prudent Management it 's said that in less than five Years he had lodged 900000 l. in the Exchequer and now the King had raised an Army of about 20000 Horse and Foot made the Earl of Arundel General Lord Viscount Wentworth Lieutenant-General and Earl of Holland General of the Horse and had fitted up a Navy with 5000 Land-Men commanded by Marquess Hamilton to compel the Scots to their Obedience and marches at the Head of this Army himself It was time for the Scots were up in Arms too had seized the Regalia at Dalkeith and brought them to Edinburgh taken Dumbarton and routed the Scots who took the King's part at Aberdeen which they likewise took This King 's good Nature never more appeared than in his Necessities so that when he came to York by Proclamation he recall'd 31 Monopolies and Patents formerly granted by him he not before understanding how grievous they were to his Subjects The Scots that the English might have no Jealousy of an Invasion had resolved not to come within ten Miles of the Borders with their Army When the King came to Berwick the Earl of Holland made two vain and inconsiderate Incursions into Scotland and upon the Approach of the Scots retreated and these were the only Actions of this War by the English Upon the Retreat of the Earl the English Army was contemned by the Scots who advanced to the Borders and pitched their Tents in sight of the English before any notice was given of their Motion this raised a Murmur all over the English Army where Provisions were not only scant but their Bread and Biscake mouldy nor was there any prospect of a further Supply However the Scots propose a Treaty of Accommodation which the King's Necessities compell'd him to submit to which being made the Terms you may read in Rushworth's and Franklin's Collections the King disbands his Army and withdraws his Navy this was all the Scots cared for for the Treaty being upon equivocal Terms the Scots were resolved to make their own Interpretation and stand by it and to that purpose hold Correspondence with the French King and stile him Au Roy and also with the discontented in England and buy Arms and Ammunition at Bremen and Hamburg To forment these Jealousies and propagate the Popish Interest Cardinal Richlieu employs one Chamboy or Chamberlain in Scotland and Con or Cunaeus his own Chaplain in England whose chief Confidents were the Earl of Arundel General of the King's Army and his Countess Sir Francis Windebank Principal Secretary of State Sir Toby Mathews Endymion Porter English and one Read and Maxwel Scots See this at large in Rushworth's Collections fol. 1318 1319 1320 1321 to 1326. This Year my Lord-Keeper Coventry died and Sir John Finch Chief-Justice of the Common-Pleas was made Lord-keeper of the Great Seal no doubt for promoting the Legality of Ship-money and enlarging the Bounds of the Forests The Cloud rising so thick in the North presaged a Storm which to dissipate the King summons a Parliament to meet the 23d of April 1640. the Arch-bishop and the Earl of Strafford giving out according to the Advice which Sir Robert Cotton gave the Duke of Buckingham that they were the first Movers of it At the opening of this Parliament the King lays before them his Necessities for Money in the first place as he had done in all the three Parliaments before and that Delay was all one with a Denial and communicates to them the Covenanters Letter to the French King imploring his Assistance But the House of Commons having found the Effects of giving Money before Grievances were redrest both in the 18th of his Father's Reign and in the first of his began at Grievances now multiplied by the Additions of Ship-Money breaking the Bounds of the Forests and Monopolies multiplied without end the Arbitrary Power of the Star-Chamber and High-Commission against those who opposed the Proceedings of the Innovations brought into the Church and the Imprisonment and unheard-of Censures of their Members for their Proceedings in the House last Parliament so that instead of enjoying any Benefit by the Petition of Right the Church and State was in a manifold worse State than before they had now found by Experience that no Laws or Judgments in Parliament could bind the King's Prerogative but that he would act quite contrary as in the Cases of Mountague and Manwaring c. and how could the Parliament rely upon his Royal Word which he would upon all occasions give when they found no Assurance in any Law nor so many Declarations of his observing them However the Commons upon the 2d of May resolved to take care of supplying the King upon the 4th when Sir Henry Vane
find he ever repented of any of them But admit the King had this Power and also that the Opening Adjourning and Proroguing Terms and granting Commissions of Oyer and Terminer and times of their Sitting and Continuance for Executing Justice be Prerogatives inseparable to the Imperial Crown of which he is accountable to God only Yet if he shall not open the Terms or grant Commissions of Oyer and Terminer or if he does refuse to have Justice done between himself and Subjects or between his Subjects but instead thereof prorogue or adjourn Terms and withcall his Commissions of Oyer and Terminer and declare to Him only belongs the Power of opening the Terms and of granting Commissions of Oyer and Terminer and that he is only accountable to God for all his Actions would not this be a Failure of Justice and can any Man believe that he would be God's Vicegerent herein for the Good and Benefit of his Subjects The Act of the 25 of Edward the III determines what Treasons are cognisable by the King's Judges but the other Treasons at Common-Law are only determinable in Parliament and one of the chiefest Ends in calling Parliaments is when the Judges themselves or Ministers of State becoming corrupt and too great for the ordinary Courts of Justice they may be punished in Parliament it is therefore greater Injustice and infinitely more dangerous to the King and Subjects to deny the Nation this Right than to deny Justice to particular Subjects The King is Head of the Common-wealth and the Laws and Constitutions of the Nation unite them into one Body which if they cease there is neither King nor Common-wealth and by the 4 Edw. 3. c. 4. Parliaments shall be holden every Year and by 36 Edw. 3. c. 10. Parliaments shall be holden once a Year and oftner if need be that Grievances and Mischiefs be redrest How then does it become the King to glory that the Calling Adjourning Proroguing and Dissolving Parliaments are undoubted Prerogatives inseparably annexed to the Imperial Crown which in plain English is to say It is a Prerogative inseparable to the Imperial Crown to rend himself from his Subjects and to make himself neither King nor the Nation his Subjects But if the King be accountable only to God for his Actions how comes it that he so often appeals to the People by these Declarations against their Representatives or rather against the People and their Representatives to his own Minions and Flatterers which are worse than any other Rebels and Traitors for these appear barefac'd what they are whereas those steal away the Love and Obedience of his Subjects and provoke them either to be Rebels and Traitors or careless to assist him against such as are And this was the Case of Edward the 2d and Richard the 2d and now it comes fast upon this unhappy King for so hereafter he will ever be In September this Year the Dutch fell upon a Fleet of the Spaniards in the Downs so furiously as being 53 in Number made them cut their Cables and run 23 of them on Shoar whereof 3 were burnt 2 perished on the Shoar the Remainder of the other 23 were deserted by the Spaniards and mann'd by the English to save them from the Dutch the other 30 put to Sea of which only 10 escaped Yet the King however he gloried in being stiled Soveraign of the British Seas took no Care to vindicate this against the Dutch to whom he was now become as contemptible as to his Scotish Subjects Now let 's see how things stood in Scotland After the Pacification between the English and Scots yet full of Jealousy on either Part the King sent for 14 of the principal Covenanters to come to him at Berwick which the Scots refused and only sent Montross Lowden and Lowthian these three Lords seemed much mollified by what the King had granted and promised all Obedience to the King The King urged Hamilton to be his Commissioner which he refusing he made Traquair but tied him up to close Instructions and in August he indicts a General Assembly the Bishops protest against it and the Covenanters supplicate the Commissioners and Council that Episcopacy be declared unlawful and the Covenant subscribed by all the Scotish Nation which the Commissioners verbally consented to Here you must understand that the Covenanters make the Kirk a distinct Table or Body from the Civil of which Christ Jesus is the only Head and that the Parliament is obliged to pass all the Acts of a General Assembly so that though by many Acts of Parliament the Bishops Sitting and Voting in Parliament is ordained and confirmed yet the voting Episcopacy to be unlawful hath rescinded all those Acts of Parliament for Sublata Causa tollitur effectus Upon the 30th of October in 1639 the Parliament met but upon the Difference between the Houses and the Earl of Traquair about naming Lords of the Articles the Earl prorogues them to the 14th of November which the Parliament protest against and declare all Proceedings in Parliament to be as valid as if no Prorogation had been The Parliament hereupon appoint a Committee to represent this to the King and in the mean time to expect the King's Answer and make the Earl of Dumfermling and the Lord Lowden their Deputies to do it who coming without Warrant from the Earl of Traquair were commanded back again without Audience Then the King commands the Commissioner Traquair to prorogue the Parliament to the second of June in 1640 and that Traquair should come and give an account of the Matters proposed in Parliament and Traquair having gotten one of the Letters which the Covenanters had sent to the French King for his Protection and Assistance of the Covenanters subscribed by Rothes Montross Lesley Mountgomery Lowden and Forester brings this with him and delivers it to the King for which the Scots would never forgive the Earl but ever after deemed him an Incendiary This yet being unknown to the Covenanters they petition the King to permit them to send some of their Members to vindicate their Proceedings which the King did and they sent the Earl of Dumfermling and Lowden again The King when they came to London claps Lowden close Prisoner in the Tower and expected that this Confederacy between the Scots and French would be a means to procure the Parliament to assist him more powerfully against the Scots but the King having dissolved the Parliament he as suddenly dismist him as before he had committed him which did the King no good This unhappy King would as easily be excited to give harsh language as be put upon sudden Actions and as soon leave them and often proceed quite contrary And now the King taxes the Scots Proceedings to be Traiterous and Rebellious and causes a Paper published by the Scots after the Pacification to be burnt by the Hand of the common Hangman but the Scots insisted their Proceedings to be according to the Covenant which they could not
Northumberland side by force of them passed the Tine and killed and took 300 English Prisoners and after took New-Castle and seized four great Ships of the English laden with Corn and imposed a Tax of 350 l. a day upon the Bishoprick of Durham and 300 l. a day upon the County of Northumberland upon pain of Plundering and the Scots committed many Injuries and Insolencies upon the English where the Scots quartered as you may read in Mr. Whitlock's Memoirs fol. 34 35. Thus was the state of things altered Mr. May says pag. 34. it should be pag. 18. And that War which was intended for an Enslavement of both the Nations truly said but untruly intended became the Bond of Concord between them God defend the Nation for time to come of such Concord or such Causes of it The Parliament Mr. May says began with Matters of Religion divers Ministers who had been of good Lives and Conversations conscientious in their ways and diligent in their Preaching and had by the Bishops and those in Authority been motested and imprisoned for not conforming to some Ceremonies which were imposed on them were now by the Parliament relieved and recompensed for their Suffering and others who had been scandalous either for loose wicked living or else Offenders in way of Superstition both which to discountenance the Puritans had been frequently preferred were censured and removed Here Mr. May is right but yet partial in that he does not tell how that the Orthodox Clergy as the Bishops of Lincoln Williams Dr. Hall of Norwich Dr. Prideaux of Worcester Dr. Brownrig of Exeter Dr. Morton of Durham c. and all the Orthodox Anti-Arminian Heads of both Universities and also Dr. Saunderson Dr. Featly and many others underwent the same Fate with those Ministers which Mr. May speaks of Pag. 38. which should have been 24. Mr. May says That the Parliament ordered that the Scots should be recompensed for all their Charges and Loss by that mischievous War which the King had raised against them Here Mr. May is not only partial and unsincere but the contrary hereof is true for the Scots in the former War took up Arms and seized the Regalia at Sterlin took Towns in Scotland and other ways committed Acts of Hostility before the King raised Arms to suppress them as is before and so they did in this latter raise Arms in Scotland before they invaded England before the King raised any Army See Whitlock's Mem. fol. 276. Where Mr. May had this unless framed by himself I cannot tell but Sir Richard Baker recites the Demand at large and the Commons Answer to them And this Mr. May speaks of is the sixth Demand Wherein they desire from the Justice and Kindness of the Kingdom of England Reparations concerning the Losses which the Kingdom of Scotland hath sustained and the vast Charges they have been put unto by occasion of the late Troubles To which the Commons answer That the House thinks fit that a Friendly Assistance and Relief shall be given towards the Supply of the Loss of the Scots and that the Parliament did declare that they did conceive that the Sum of 300000 l. is a fit Proportion for their Friendly Assistance and Relief formerly thought fit to be given towards the Supply of the Loss and Necessities of their Brethren of Scotland and that the Houses would in due time take into Consideration the Manner how and when the same shall be raised Now let any Man shew out of Mr. May where that mischievous War which the King had raised against them is to be found If Mr. May had been a faithful Historian he should have made Truth and not the Distempers of a distracted Time nor the Clamours of his prejudic'd Brain to have been the Measures of his Story He should have set forth how like Pedlars they treated the English in their Particulars in their 8th Demand of 514128 l. 9 s. besides the Loss of their Nation to 440000 l. Yet they did not give in that Account with an Intent to demand a total Reparation of all their Charges and Losses but were content good Men in some measure to bear a Remnant Mr. May should have set forth how perfidiously the Scots dealt with the English Nation when in their Remonstrance at their first coming in they professed that they would take nothing of the English but for Money or Security whereas they plundered and taxed Northumberland New-Castle and the Bishoprick of Durham so that those Places could not recover their Losses in 20 Years as Sir Benjamin Rudyard in open Parliament charged them and that the English formerly established the Scots Reformation at their own bare Charges whereas the Scots presumed to require a greater Sum than was ever given the King Which you may read more at large in Sir Rich. Baker fol. 417. These are the Parliament's Brethren for whose Brotherly Assistance they voted 300000 l. towards a Supply of the Losses and Necessities note that of our Brethren of Scotland and that the Parliament would in due time take into Consideration the Manner of raising and Days of Payment and in the mean time leave New-Castle Northumberland and Durham a Prey to these devouring Scots But lame-footed Vengeance shall overtake this Fraternity and that by no visible Power at present but what shall arise from among themselves I could add many more Particulars of Mr. May's Partiality and Insincerity but this already said is sufficient And now it 's time to enquire whether the King or Parliament or both designed the ensuing War and who first designed it tho the Distemper of the Times was so distracted and variable that it 's hard to judg of Intentions by Actions The Royalists excuse the King from any Intention of a Civil War in England in that he protected no Man from the Justice of the Parliament and that he had put away all those which the Parliament called Evil Counsellors both in Church and State having made Mr. St. John his Attorney and Mr. Holborn his Solicitor both which were his Antagonists in imposing Ship-Money and upon his going into Scotland made the Earl of Essex Chamberlain and General of his Forces on this side Trent and in the Church reversed all the Proceedings in the Star-Chamber against the Bishop of Lincoln and preferred Dr. Hall from Exeter to the Bishoprick of Norwich and made Dr. Brownrig Bishop of Exeter and Dr. Prideaux Bishop of Worcester who were the most Learned of the Church of England and most opposite to the Arminian Tenets and of most exemplary Life and Piety and before his going into Scotland passed all Bills presented to him by the Houses even that of not dissolving the Parliament without their Consent which he would never have done if he had had any Intention of raising a War against them or a Civil War in England Mr. May p. 43. it should be p. 25. tells us of a twofold Treason against the Parliament if you 'll take his word and that the
See the Life of General Monk p. 23 24. written by his Chaplain Dr. Gumble The Parliament having recruited the Earl of Essex's Army he forced his Passage and relieved Glocester the King's Army retreat to Newbury where it was charged by Essex and worsted and in the Fight the Ornament of the Age the learned and most ingenious Lord Falkland tho weary of his Life and presaging his own Destiny was slain as were the Earls of Sunderland and Carnarven If the King's Army had such bad Success before Glocester my Lord of New-Castle had worse before Hull for lying in a moorish unhealthy place in a sickly season of the Year viz. September and October the whole Army fell into Fluxes and other Distempers so as they were forced to raise the Siege having done nothing considerable in it besides at this time Lyn-Regis in Norfolk a Place near as considerable as Hull was seized by the Gentry of Norfolk and might have been relieved if New-Castle had not been engaged in besieging Hull Tho the English and Scotish Parliament agreed in their Solemn League and Covenant yet so did not Sir John Hotham and his Son with the Preferment of Sir Thomas Fairfax and others in the North so that Sir John Hotham refused to serve under Fairfax Hereupon the Parliament intended to have displaced Hotham which when he heard of both he and his Son treated with the Marquess of New-Castle to deliver Hull to the King and the Parliament suspecting the Design sent Sir Matthew Bromton Sir John's Brother-in-law to seize both Father and Son which Sir John little suspecting till it was too late fled to Beverly where he was seized by his own Soldiers and carried to Hull from whence Sir Matthew sent both Father and Son to London where soon after both lost their Heads When the Parliament sent Commissioners to invite the Scots to come to their Assistance the King sent Letters to disswade them from it urging the manifold Grants he had given to them when he was in Scotland last which compleated all they could ask and their solemn Protestations to be for ever his Majesty's most obedient Subjects See the Act cited by Sir Rich. Baker fol. 514. That it should be detestable Treason in the highest degree for any of the Scots Nation conjunctly or singly to raise Arms or any military Force upon any Cause whatever without the King's Commission But now unprovoked by the King and against his express Command they in open Hostility enter England a second time against him so little Faith or Honour was to be trusted to from these Covenanters for the Scots having made their Market with the King resolve to improve it with the Parliament and besides their Pay or Wages of Iniquity will have the Covenant and Kirk-Government imposed upon the English as well as Scots Nation and tho the King's Letters were signed by 19 Lords the Scots ordered them to be burnt by the common Hangman and in order hereunto General Lesley now Earl of Leven upon the 16th of January enters into England again with an Army of above 20000 Scots The King to add Reputation to his Arms summoned the Members of Parliament which followed him to meet at Oxford upon the 22d of January where they voted the coming of the Scots to be Treason and Rebellion but because they would not come up to the King's Desire in Voting the Members at Westminster to be no Parliament the King in great Displeasure with them and in his Letters to the Queen calls them his mungrel Parliament such was the Kindness the King shewed those Noble Lords and Gentry for sacrificing their Lives and Fortunes for his Service And to oppose the Scots the King makes a Cessation of Arms with the Irish and draws back into England the English which he sent to oppose the Irish but these were every where beaten 1500 of them cast away by Sea and the greatest Body of them commanded by Sir Michael Ernley Major General Gibson Sir Francis Boteler and Colonel Monk who shall unravel all the Parliament and Scots were now weaving were totally routed and dispersed by Sir Thomas Fairfax joining with Sir William Brereton near Nantwich and all these with Colonel Gibs Harmon Sir Ralph Dawns with 14 Captains 26 Ensigns and other inferiour Officers and 1500 common Soldiers taken Prisoners with the loss of their Cannon and Baggage So that as Serjeant Whitlock observes f. 79. a. these Irish never did the King any considerable Service But to sweeten this Prince Rupert at the close of this Year beat Sir John Meldrum a Scot who besieged Newark and his Army surrendred up their Arms Upon which the Parliament-Garisons in Gainsborow Lincoln and Sleford quitted these Places to the King's Forces And here we will end the Year 1643. and take notice how Mr. Serjeant Whitlock f. 64. b. errs in point of Time where he says the Scots passed the Tyne in 1642 under General Lesley to assist the Parliament and f. 67. a. he says the Queen was brought to Bed at Exeter of the Princess Henrietta Maria which for ought appears was before the Queen landed from Holland for she was born the 20th of June 1644. See Sir Baker's Hist f. 434. a. Anno Reg. 20. Dom. 1644. The Wonders which succeeded these two Years in England will better appear if a View be taken of the present Posture of Affairs as they stood in the beginning of this Year England and Scotland are united in one Solemn League and Covenant in January last Lesley or Leven enter'd England with an Army of 18000 Foot and 3500 Horse and Dragoons and soon after the Earl of Calendar enter'd England with an Army of 10000 Scots more these commanded by old and experienced Officers and the English Parliament's Armies were commanded by as brave and resolute Commanders as were to be found in Europe The Fleet wholly at the Parliament's Devotion and so was the City of London So that if you look upon the Superstructure nothing could appear more strong and lasting And all this time you hear little of Oliver Cromwel more than that he was a Captain of Horse and being of a bold and active Spirit secured the Town of Cambridg for the Parliament and was very diligent in obstructing several Levies for the King in Cambridgshire Essex Suffolk and Norfolk For these Services he had a Commission to be a Colonel of Horse and having an insinuating and canting way of preaching and seeming very Godly raised such a Regiment of Horse as was no where to be found the Riders spirited with Zeal to the Cause yet not of the Scots mode and to secure them without Oliver took care to provide them able Horses and to be well arm'd and accoutred so as every one of them beside Sword and Pistol had Pot Back and Breast Musquet-proof He was Nephew to Sir Oliver Cromwel who had a very great Estate but his Father being a younger Brother had not above 300 l. per Annum as was said Their
Success of this Fight he was not less in the Discovery of his secret Counsels with the Queen which were so contrary to those he declared to the Kingdom for in his Letter to the Queen he declared his Intention to make Peace with the Irish and to have 40000 of them over into England to prosecute the War here And in others he complained he could not prevail with his Mungrel Parliament at Oxford to Vote that the Parliament of Westminster were not a Lawful Parliament So little Thanks had these Noble Lords and Gentlemen for their exposing their Lives and Fortunes in Defence of the King in his Adversity What then might they expect if he should prevail by Conquest That he would not make a Peace with the Rebels the Parliament without her Approbation nor go one jot from the Paper she sent him That in the Treaty at Uxbridg he did not positively own the Parliament it being otherwise to be construed tho they were so simple as not to find it out and that it was recorded in the Notes of the King's Council that he did not acknowledg them a Parliament See Whitlock ' s Memoirs fol. 147. a. The Members having got these Papers not only printed and published them but order'd them to be kept upon Record and also made a publick Declaration of them wherein they shew what the Nobility and Gentry which follow'd the King might trust to The King's Army being overthrown the Parliament had two Armies and the King none but that which was commanded by General Goring which at that time besieg'd Taunton and sore distrest it but it being governed by Blake after the famous Admiral for the Rump and Cromwel by Sea it made indeed a wonderful Resistance And now you 'll see the King's Garisons surrender by heaps For two Days after the Fight at Naseby viz. June 14. Fairfax sat down before Leicester where my Lord Loughborough was Governour and made a large Breach towards Newark whereupon the Governour surrendred it After the Surrender of York the Year before the King made that noble Gentleman Sir Thomas Glenham Governour of Carlisle which he defended till the Garison were forced to eat Horse-flesh And the Town being besieged by the English and Scots Sir Thomas to throw a Bone of Dissension between them deliver'd it up to the Scots about a Week after the Surrender of Leicester From Leicester Fairfax marches to the Relief of Taunton whereupon Goring drew off and retreated to Langport where Fairfax routed Goring kill'd 200 of his Men took 1400 Prisoners and pursued the rest to Bridgwater which Fairfax besieg'd and had it surrender'd upon the 23d of July And about that time Pontfract Castle in Yorkshire surrender'd to M. G. Pointz and upon the 25th of July Sir Hugh Cholmly surrender'd Scarborough Castle to Sir Matthew Boynton and upon the 11th of September Fairfax storm'd Bristol and Prince Rupert surrender'd the Castle upon Terms Tho the City of Hereford bravely defended it self against General Lesley and his Scots from the 13th of July to the 1st of September and then forced Lesley to raise the Siege upon pretence of relieving his own Country then over-run by the Marquess of Montross yet it was soon after surprised by Colonel Birch and Colonel Morgan Nor were the King's Forces in the Field more fortunate than those in Garison for the King having got together a Body of about 5000 Men most Welch marched towards the Relief of Chester then besieged by Sir William Brereton and Colonel Jones but in his March he was fought by General Pointz at Routon-Moor within two Miles of Chester where the King was worsted and the Lord Bernard Stewart Brother to the Duke of Richmond kill'd The King's Affairs being thus desperate in England all the Hopes now were of Scotland where Montross had conquer'd it from one End to the other and had no visible Army to oppose him and the King to make Scotland secure commanded my Lord Digby and Sir Marmaduke Langdale to join Montross with their Horse in pursuance whereof they marched to Sherborn in Yorkshire where they surprised 700 of the Parliament's Foot with their Arms and Baggage but staying for Carriages Col. Copley Lilbourn and Alured fell upon them and routed them killing and taking 100 Officers 300 Soldiers and 600 Horse with their Furniture and my Lord Digby's Coach And my Lord Digby marching on with the rest of his Forces was set upon at Carlisle Sands and utterly defeated from whence my Lord and Langdale escaped to the Isle of Man and after into Ireland From Routon-Moor the King got to Newark where Maâ—or-General Gerrard charged the Lord Digby lately defeated at Sherborn with Treason Prince Rupert and Maurice the Lord Hawley and Sir Richard Willis the Governour sided with Gerrard and the Lord Bellasis and many others with Digby and so did the King who displaced Willis and made the Lord Bellasis Governour This caused great Dissension not only in the Garison but in the Officers of the Army which the King brought with him so that the Princes Rupert and Maurice General Gerrard my Lord Hawley and Willis forsook the King and sent to the Parliament for Passes to go beyond Sea In this forlorn state the King left Newark and with 300 Horse got safe to Oxford where the Princes Rupert and Maurice not knowing whither else to go came and were seemingly reconciled to him but upon the Return of the King's Horse Pointz meets and routs them Here the King again sent to the Parliament for a Treaty of Peace which was rejected upon this Occasion Letters were taken in my Lord Digby's Coach after his Rout at Sherborn and also in the Pockets of the Arch-bishop of Tuam who was slain in an Overthrow of the Irish at Sligo in Ireland wherein the King offered the Irish a Toleration of their Religion themselves to choose a Governour of their own and to be entrusted with several Castles and Forts for their Caution upon Condition that they send 10000 Men into England to assist him against his Enemies And with these they found the Copy of the King's Commission to the Earl of Glamorgan impowering him to treat with the Rebels viz. CHARLES by the Grace of God c. To our Trusty and Well-beloved Cousin Edward Earl of Glamorgan We reposing great and especial Trust and Confidence in your approved Wisdom and Fidelity do by these Presents as firmly as under our Great Seal to all Intents and Purposes authorize and give you Power to treat and conclude with the Confederate Roman Catholicks in our Kingdom of Ireland If upon necessity any thing be condescended to wherein our Lieutenant cannot so well be seen as not fit for us for the present publickly to own therefore We charge you to proceed according to this our Warrant with all possible Secrecy and whatever you shall engage your self upon such valuable Considerations as you in your Judgment shall deem fit we promise in the Word of a King and Christian to
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
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
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
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
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
had not cheated both Mazarine and him thereby to be Arbitrator over the French as well as Spaniard when he pleased 6. Cromwel out-vied the best of our Kings in rendring our Laws to the Subject in the English Tongue for tho Edward the Third the most Excellent of our Kings permitted Pleading in the English Tongue yet he went no further whereas Cromwel rendred not only the Pleadings but Practice and Laws themselves into the English Tongue and herein he imitated our Saviour common Justice and the Practice of the most Learned and Civilized Nations I say he imitated our Saviour who after his Ascension wrought his first Miracle by inspiring his Apostles to speak all Languages to teach the Gospel to all Nations in their Native Tongue and by the same reason all Nations ought to be instructed in their Laws in their own Tongue I say this is conformable to common Justice for all Laws ought to be a Priori for where there is no Law there is no Transgression and if Laws be rendred in a Tongue not understood it 's all one to those who understand not the Language as if there had not been Laws The Romans and Grecians who were the most Learned and Civiliz'd of all Nations would never endure a Foreign Word in any of their Laws lest the Subject through Ignorance of it might be unjustly punished when 't was not his fault When Caesar was murder'd in the Senate and the Senators were ready to cut one another's Throats Cicero cried out Let there be an Amnestia and for the future the Power to reside in the Senate And you may read in his second Philippicks the long Apology he makes for suddenly using this Foreign Word in the Senate And Tiberius asked leave of the Senate to use Monopolion because 't was foreign to the Latin And the Romans as well as Grecians not only instructed Youth in their Laws but in all Arts and Sciences in their Mother-Tongue and thereby became the most Learned of all Nations But these good Deeds of Cromwel you 'll soon see will not long out-live him CHAP. III. A Continuation of this Treatise from the Death of Cromwel to the Restoration of King Charles the Second AFter the Death of Cromwel there was some Grumble between the Republican Officers of the Army and Protectorian who should succeed Those said that Cromwel when he was well promised his Son-in-law Fleetwood that he should succeed but these said That tho Cromwel was sick yet he declared his Son Richard his Successor and that this was his last Will And besides Cromwel's Council which by the Instrument of Government had the Power had elected Richard and so Richard was proclaimed Protector in all the publick Places of England Scotland and Ireland Richard thus seated not only the Protectorian but the Officers of the Republican Faction congratulate him and under their Hand-writing promise to be true to him and what Cromwel so industriously obtained from the Mercenary Officers of the Army in England and Scotland to congratulate him in his assuming the Protectorian Dignity and to assist him in it with their Lives and Fortunes is now voluntarily done by numerous Companies of Sycophants from all Parts of the Nation to the number of ninety Congratulatory Addresses which Richard had as little good of as King James II. had from those above thirty Years after When they flatter'd that Prince in those things which tended to the Subversion of the English Constitution both in Church and State But Richard's wandring Joys faded in the Bud For after his Father's Funeral the Pomp whereof undid him the Republican Officers cabal and conspire to depose Richard and exalt Fleetwood and in two respects they say Fleetwood ought to be Protector one that he was truly Godly and an expert Leader and had been tried to be so in many Difficulties The other Cromwel had by his last Will when he was Compos Mentis design'd him his Successor whereas Richard was substituted in a surreptitious manner by the Craft of some of the Council when Cromwel had lost his Senses Lambert after he had been discarded by Cromwel betook himself to Wimbleton-House where he turned Florist and had the fairest Tulips and Gelliâ—â—owers that could be got for Love or Money yet in these outward Pleasures he nourished the Ambition he entertain'd before he was cashier'd by Cromwel And in these Dissensions as Tortoises do upon the approach of the Spring he comes abroad and becomes a prime Ring-leader in the Cabal and in due time shall be the Ruin of them all The first thing they agree upon was to restore the common Souldiers to their former Pay which Cromwel had retrench'd two Pence a day And herein they shew their good Will as Dego did but how to pay the Souldiers they could no more tell than how Dego's Executors should pay his Legacies In this Kindness to the common Souldiers the Officers did not forget themselves and charge the Memory of Cromwel that he ruled over them with a Tyrannical and Despotical Power turning out and putting in Officers by his own Will therefore they petition Richard That for the future no Souldier be turned out of his place without a Council of War nor any Action brought but by Martial Law That no Souldier be tried in any Criminal Case but in a Court-Martial and that the Souldiers have Power to chuse their own General Richard was Head of no Faction as his Brother Fleetwood was nor was his gentle and easy Nature a â—it Match to encounter the intriguing Designs of Lambert or resist the rude Attacks of his Clownish Uncle Desborough and so foresees no Help to be had for his Security but from a Parliament Therefore Richard summons a Parliament to meet at Westminster upon the 27th of January 1658 of the Composition made by his Father of this and t'other House this to consist of 400 English 30 Scots and as many Irish This and t'other House met accordingly when this House fell at Variance with t'other House by what Right they sat there Nor did this House agree better with the Scots and Irish sitting there having no Right to sit and vote with the free-born English they being conquer'd Slaves and Creatures of the Protector Nor did the Republican and Protectorian Factions agree better However all agreed to recognize Richard Protector of England Scotland and Ireland yet would not agree to Cromwel's Instrument of Government but inveighed bitterly against it as being extorted from a lame Parliament that was neither â—ull nor free But they recalled Overton who was imprisoned in Jersey by the Arbitrary Will of Cromwel and made an Ordinance against the meeting of the Officers of the Army to hold Consultations till the Parliament should determine Affairs This Ordinance stung the Caballing Officers to the quick so that they resolved to be rid of Richard and his Parliament too but how to do this or where to begin admitted of great Debate For to begin at Richard now the Parliament
which he confided in for Robinson a Captain of Dragoons having received his Pay and the Soldiers Back Breast and Pot ran away with his whole Troop to New-Castle and most of Twisleton's Regiment refused Monk's Service However Monk by Dr. Troutbeck received secret Assurance from my Lord Fairfax to be assisting to him Now with insincere Affections both sides agree to a Treaty of Accommodation to be at London and Monk named Wilks Knight and Cloberry his Commissioners these had publick Instructions from the General Council and private from the General to which the Committee of Safety named three whose Names I do not find to treat with them These agreed that a Committee of 19 should be appointed five for England not Members of the Army viz. Whitlock Vane Ludlow Salway and Berry five for Scotland viz. St. John Warreston Harrington Scot and Thompson the rest for England Scotland and Ireland to be Members of the Army they to determine the Qualifications of the Members of Parliament That two field-Field-Officers of every Regiment and one Commission-Officer of every Garison and 10 Officers of the Fleet shall meet at a General Council to advise touching the Form of Government Monk as astonished at this Agreement and contrary to his wonted Reservedness told the Messenger That if the Honesty of some certainly the Prudence of them all was to be suspected and committed Wilks to Prison for transgressing his Commission and 't was observed he never was so much out of Humour as upon his Commissioners assenting to this Agreement for by this Agreement the Committee would consist of threefold more for England and Ireland than for Scotland and the General Council fourfold more so that Monk and all the Scots Officers would be at their disposing Dr. Gumble pag. 152 153. says While Monk was in this melancholy Mood not speaking or permitting any to speak to him one of Monk ' s Acquaintance who was of a pleasant and free Conversation came where Monk was who asked this Gentleman What he had to say to this Agreement Truly Sir says he I am come to make a little Request to you What 's that I wonder says Monk Even that says he you will sign me a Pass to go for Holland yonder is a Ship at Leith that is ready to sail What says Monk will you leave me He answers I know not how you may shift for your self by your Greatness but be confident they will never be at rest till they have torn you from your Command and what they will do with you then it concerns you to consider but for my self tho I am a poor Man I will never put my self into their Power for I know it will not be for my Safety What replies Monk hastily will you lay the Blame upon me If the Army will stick to me I will stick by them The Officers gave him Assurance they would for the Danger was common to them all And such a Joy among them hereupon succeeded that some expressed it with Tears ' T was said That Fleetwood was as fearful of Lambert upon this Agreement as Lambert was of Monk in case he would not agree to it Monk therefore wrote to Fleetwood That the News of a Pacification was very agreeable to him but that he found some things doubtful in the Conditions and other Matters not rightly transacted by his Commissioners that therefore that the Agreement might be more solid he desires the Number of the Commissioners might be encreased and Newcastle as a more proper place for the Meeting Fleetwood tho disswaded from it by Whitlock and others agrees to this and so does Lambert whereby he did not shew himself a great Statesman Monk now resolved not to submit to this present Committee of Safety in England sent Circular Letters to every Shire in Scotland to send to Edinburgh two Commissioners and to every Burrough to send one who met at Edinburgh where they granted Monk 30000 l. Sterling above the Assessments and proffered to assist him with 20000 Men if he pleased Monk accepts of the first and demurs upon the second but only desired of them to take Care in his Absence that no Disturbances should be and that they abjure King Charles and his Interest I know Dr. Gumble denies this latter yet I cannot believe the Scotish Writers about this time viz. two or three Years after should so positively affirm this which all Scotland must know to be a Lie if it were not so Monk having obtained this Aid in Scotland which was Treason to impose in England by this time Lambert being come to Newcastle sent three Regiments of Horse and one of Dragoons into Northumberland to seize on my Lord Grey of Werk's Rents but Monk prevented the Design having before done the Work and carried the Money into Scotland which Dr. Gumble says was after restored Hereupon Monk seizes Colonel Zanchy who was sent from Newcastle with Letters to proceed in an additional Treaty for Breach of certain preliminary Articles one whereof was That no Forces on either side should advance forward during the Time of the Treaty And now Monk advances to Coldstream a poor Place upon the Tweed and there pitches his Tents where he received Intelligence that the Forces in Ireland had declared for Monk and such as opposed his Designs were all secured This was managed by the Earls of Orrory and Montrath Sir Theophilus Jones the Warrens and Captain Fitz-Patrick who after did the King excellent Service in securing Dublin for him and others And sure it 's observable that as our Civil Wars began first from Scotland then from Ireland so first from Scotland then from Ireland should arise that Peace which after succeeded in England Rubicon thus passed all Terms of Accommodation ceased Monk's Army consisted of four Regiments of Horse and those pitiful ones commanded by Morgan Johnston Knight and Cloberry and six of Foot commanded by Major-General Morgan whom Lambert had sent to treat with Monk Fairfax Rede Lidcot and Hubblethorn Monk had this Advantage of Lambert That his Horses were well fed and his Souldiers lay in Tents whereas Lambert's Horse had nothing but what they plunder'd and his Foot were dispers'd into Quarters where they could get them And at this rate Lambert came to Newcastle Whilst these things were doing all was in a Hurlyburly in London The Apprentices rise and are suppressed by Hewson however the Citizens take the Rump's Vote for not paying Taxes without Consent of Parliament for good Law and therefore will pay none and the Country follow their Example The Souldiers too tho they would be glad of their Pay when they could get it yet agreed among themselves That their Officers might fight with one another if they pleased but the Souldiers would fight for none of them My Lord Fairfax and the York-shire Gentry rise against Lambert behind and Monk marches on before Portsmouth headed by Haslerig Walton and Morley declares for the Rump and Lawson Admiral of the Fleet stopt the Mouth of
do but said He would consider some time of it The next Day after Monk attended by Robison and Scot went to the House where the Speaker caress'd him in a florid Speech congratulating his coming to Town and in the Name of the House thank'd him for the great Service he had done them To which Monk in a plain Soldier-like Answer said That amongst the many Mercies of God to these poor Nations their Restitution was not the least that it was his Work alone and to him belongs the Glory of it that he esteemed it an Effect of God's Goodness that he was some ways instrumental in it wherein he did no more than his Duty which did not deserve the high Mark of Favour they put upon it That he would trouble them with no large Narratives yet desired leave to acquaint them That in his March from Scotland he observed the People in most Countries earnestly desired a Settlement for a full and free Parliament and that they would determine their Sitting a Gospel Ministry Encouragement for Learning in the Vniversities and that the Secluded Members before 1648 might be admitted without previous Oaths That he had answered They the Rump were a free Parliament and if there were any Force upon them he would remove it that you would fill up your House and then would be a full Parliament and that you had already determined your Sitting And for the Ministry and their Maintenance the Laws and Vniversities you had declared largely concerning them in your last Declaration That for the Gentlemen secluded before 1648 you had already given your Judgment and that they ought to acquiesce therein but to admit Members to sit without a previous Oath was never done in England yet begg'd leave to say That the less Oaths and Engagements were imposed your Settlement would be sooner attained yet that neither the Cavalier nor Fanatick Party have any share in the Civil or Military Power Then he recommended to them the State of Scotland and Ireland which you may read at large in the third Part of Dr. Bates ' s Elenchus The Rump were as little pleased with Monk's Speech as the Council of State with his Refusal to take the Oath of Abjuring the King and Royal Family therefore seeing he would not Swear as the Rump would have him they 'll try if he will Do as they will have him The Common-Council in London had passed an Order That unless they had a full and free Parliament they would pay no more Taxes This so startled the Rump that the next day after Monk had been at the House they sent to him to send 12 of the forwardest Citizens to the Tower and to pull up the City-Posts Chains and Portcullices In Obedience to the Rump's Order Monk marches into the Old Exchange and secur'd as many of the Citizens the Rump ordered as he found there but when he issued out his Orders to pull down the Posts Chains Gates and Portcullices the Officers withdrew and consulted what to do and resolved They could not obey these Orders and offered to lay down their Commissions Monk endeavour'd to pacify them and told them The Orders of the Council were to be obeyed but they persisted so as he was forced to set his lesser Officers to do the Work but did not pull down the Gates and Portcullices thinking he had done enough to satisfy the Rump but was mistaken for the Rump sent more peremptory Orders to pull down the Gates and Portcullices which piece of Drudgery Monk perform'd Col. Herb. Morley a Non-Abjurer of the King at this time was Lieutenant of the Tower and took this Occasion to come to Monk and assured him for the Tower himself and Sir J. Fagg his Brother-in-law whose two Regiments were in London and were resolved to agree with him in any Matters that should be for the publick Peace and Settlement This was a Preparative to what followed and that Night Monk returned to White-hall And the next Day or a Day after Praise-God Barebone with a multitude of Water-men and others who it may be could neither write nor read presented a Petition to the Rump for the excluding the King and Royal Family and that those who refused should not be capable of any Imployment for which the Rump thank'd them but the Success shall be no better than Richard's 90 Congratulatory Addresses This struck directly at the Authority of Monk whereupon he called a private Council of his Confidents to advise what to do where it was resolved to take a General Muster of his Army in Finsbury-fields the 11th of Febr. From whence Monk wrote to the Rump That the Services he had done them were slighted whilst the late Traitors no less Enemies to them than the Commonwealth had more Esteem than he From whence else was their Kindness to Lambert and Vane and new Offences against him and their Respect to that leering Heretick Barebone and all his Rabble And therefore demanded that the filling up their Members be within a Week and their Sitting determined and to give place to a new Parliament From Finsbury Monk sent to the Mayor That he would dine with him at the Bull-head in Cheapside where he desired the Mayor in the Evening to call a Court of Aldermen at Guild-hall This was blown about the City and thousands came to Guild-hall and I amongst the rest to see what the Meaning of it should be About six Monk came and all the way as he came and quite through the Hall the Cry was A Free Parliament I saw him when he lighted out of his Coach and went leaning on Col. Cloberry's Shoulder into the Mayor's Court but not one word he said and when he came into the Mayor's Court he read a Letter he sent that Morning to the Rump and then returned the Cry was the same A Free Parliament Monk said nothing Cloberry said You shall have a Free Parliament And it 's not to be imagin'd how far this spread in so little time for I believe in less than 2 Hours all the Bells of London were ringing and in all the Streets to the number 't was said of above 6000 Bonfires were made and Rumps of all sorts roasting But that Night Monk did not return to White-hall but lay at the Glass-house in Broadstreet If the Rump were nettled at Monk's Speech they were now ready to die for fear but since they could not shew their Teeth they would shew their Back-sides and voted a Committee of Five to order the Affairs of the Army whereof Monk to be one But Monk who but 4 Days before was so terrible to the City is now become their Darling they let him have 30000 l. to pay his Army in the City whereas that without was like a Herd of Goats upon the Mountains having no body to look after them nor a Penny to help themselves And Monk now having his Army entirely at his Devotion scorn'd for all the Rump's Vote to suffer any other of their Committee to
an Habeas Corpus to the King's Bench and was brought up in order to be bailed and produced Persons of Worth to bail him but the Penalty of the Bail set by the Court was so high that the Bail refused to stand and Mr. Cleypole was remanded to the Tower But the Term after when the Matter of which he was accused appeared to be the Design of other People he was let go for fear the Examination of it should go further in proving the Popish Plot than any thing at that time discovered and therefore no further Inquiry was made on whose or on what Evidence he was committed The first who gave Light to the Popish Plot was Titus Oates which if it had depended upon his single Testimony had not like to have gone any further the Court and Tories being so industrious to ridicule it if some other Accidents should not make Oates's Testimony more credible Oates therefore refers himself to Coleman's Papers where the whole Design would appear to have been carried on for the last five Years The Court could not but inquire into the Truth of this but proceeded so slowly in it that Coleman had time enough to convey away all the Papers of his last 2 Years with his Book of Entries of them tho his Servant Boatman upon his Examination deposed he saw Coleman's Book of Entries but two Days before Coleman was made Prisoner and that had usually Letters every Post from beyond Sea However the Letters which were found amazed the greater Part of the Council But tho these Letters began this Plot in the Year 1673 yet it is evident by the Testimony of Florence Wyer who was a Roman Catholick that a Popish Plot was carried on in Ireland in the Year 1665 and 1666 and brought to Maturity in the Year 1667. For Col. Kelly and Col. Bourn were sent into Ireland from the French King with a Commission to muster as many Men as they could the French King promising to send an Army of Forty Thousand Men to establish the Roman Catholick Religion upon St. Lewis's Day in August But the French King as before noted had other Designs in his Head and at that time was engaged to make good the Dauphin's Title to Brabant and the other Spanish Territories and so kept his Word no better with the Irish than he had done his Faith in the Pyrenean Treaty the Irish hereupon complained to the Cardinal of Bovillon of the French King's Breach of Promise to them and that he should turn his Army against the Catholick King and not redeem Ireland from its Heretical Jurisdiction which you may read at large in Plunket's Trial and how it was carried on till the Discovery of that in England and all this proved by Roman Catholicks If those Counsellors which were not engaged in the Popish Plot were amazed at this Discovery of Coleman's Letters those who were ingaged in it were not less surprized and the Parliament being to meet some few Days after I think the 1st of October the King hereupon as aforementioned took Counsel whether he might not prorogue it to a further Day and 't was said Chancellour Finch was of Opinion he might whereupon Mr. Seymour now Sir Edward then Speaker of the Commons went out of Town but upon Advice of John Brown Clerk of the Parliament that so many Members of both Houses must meet and sit when a Prorogation was made Mr. Seymour was recalled and the Houses met and were prorogued accordingly Between this Prorogation and the meeting of the Parliament Sir Edmundbury Godfrey was murdered Oct. 12. and if the Council were amazed at Coleman's Letters the whole Nation was not less at the Murder of Sir Edmund and the time set for the meeting of the Parliament being about 9 or 10 Days after the Court thought not fit to make another Prorogation to take new Counsel upon the Murder of Sir Edmundbury Godfrey Here I think fit to relate one Story concerning the Murder of Sir Edmundbury Godfrey which I find no where in Print and the rather for that Sir R. S. so ridicules Prance's Evidence because he recanted before the King in his Closet all that he had been examined and swore to about Sir Godfrey's Murder which he again recanted after he came to Prison a Papist he was and by Profession a Silver-Smith and wrought for the Priests and others in Somerset-House and was assisting at the Murder of Sir Edm. Godfrey and also at the carrying the Body out of Somerset-house and sometime after the Murder of Sir Edm. Godfrey was discovered some of Prance's Neighbours having observed that Prance did not come to his House for several days they represented it to some Members of the House of Commons that they had a great Suspicion that Prance had a Hand in the Murder of Sir Edmund and thereupon they got an Order to seize Prance and bring him before the House which they did and the House ordered Sir Rich. Everard and Sir Charles Harboard to examine him Before the Murder Le Faire Pritchard and other Priests treated with Bedlow to be assisting in the Murder of Sir Edm. but Bedlow tho he promised it relented and did not come but the Monday after the Murder viz. Oct. 14. he met Le Faire in Red-Lyon Court who charged him with not keeping his Word but charged Bedlow to meet him at 9 a Clock in Somerset-house and there told Bedlow that tho he was not assisting as he promised in the killing of Sir Edm. yet if he would be assisting in the carrying him off he shold have 2000 l. Bedlow then desired Le Faire if he might not see the Body who told him yes which Bedlow did and then they advised about the Disposal of it and Bedlow advised the sinking the Body in the River with Weights which was not agreed to thus far Bedlow deposes but in seeing the body Bedlow saw Prance there in the Company too but did not know him before Bedlow says he was troubled in Conscience having twice taken the Sacrament to conceal the Business and went to Bristol where God put it into his Heart that some Murders were past and greater to come for Prevention whereof he was convinced it was his Duty to come to London to reveal this Wickedness which he did and came into the Lobby of the House of Lords to make a Discovery where I then saw him In the mean time Sir Charles Harboard and Sir Rich. Everard having examined Prance and the House being set left Prance to the Care of the Constable of Covent-Garden who brought him into the Lobby of the House of Lords where Bedlow seeing him but never before he saw him in Somerset-house Bedlow charged the Guards to seize him for that he was one of those he saw at Somerset-house where the Body of Sir Edm. Godfrey lay and by the same token he had then a black Peruke but now none hereupon Search being made the Peruke was found Here I make a twofold Remark one of the
Strangeness of the Discovery of Prance by Bedlow who had never but once seen Prance before and that by Candle-light and in a Peruke should yet upon the first Sight of him know him again without Peruke the other is the Clearness of Sir Godfrey's being murdered and the Body's being in Somerset-house upon Monday after the Murder the Saturday before and from hence it was that Prance became an Evidence in this Discovery Now let 's see how things stood upon the Meeting of the Parliament upon the 21st of October 1678 both abroad and at home And herein both Houses were as warm in Enquiry into them as the Court was cold It was but in January before that the Parliament had given the King 1200000 l. for carrying on a War against France in Conjunction with the Dutch and their Allies and upon their Meeting they found a treacherous separate Peace made by a Faction of the Dutch with the French and upon French Terms wherein the King had taken Money of the French to join with this Dutch Faction in it Besides the King's Guards which he might encrease as he pleased as well as keep up those he had there was now another Army raised which now it was of no further Use abroad they dreaded as much as they did the French Arms now he had subdued the Confederates by the Dutch Disjunction from them and the Discovery of the Popish Plot carried on at home whilst these things were thus agitated abroad was to them a Demonstration the same Councils which governed abroad did so at home And if the Parliament were thus amazed at their Sitting it was no way lessened when as they found that in this very Month no less than 57 Commissions were discovered for raising Soldiers granted to several Romish Recusants with Warrants to muster without taking the Oaths of Allegiance and Supremacy and the Test countersigned by Sir J. W. Secretary of State whereupon the Commons committed him to the Tower yet the King next Day discharged him with a Reprimand to the Commons but upon the Commons Address to the King about it the King as before in his Declarations of Indulgence promised to recal them However the Commons appointed a secret Committee to enquire to the Bottom of the Popish Plot who having made some Progress in it upon Friday the 1st of November came to this Resolution Nemine contradicente That upon the Evidence that has already appeared to this House this House is of Opinion That there hath been and still is a damnable hellish Plot contrived and carried on by Popish Recusants for assassinating and murdering the King subverting the Government and rooting out and destroying the Protestant Religion Which being the same Day communicated to the Lords they unanimously and readily concurred with the Commons in it and upon the 5th the Commons impeached the Earl of Powis the Viscount Stafford and the Lords Arundel of Warder Petre and Bellasis of High Treason The Commons having proceeded thus far in searching into the Popish Plot upon the 27th of November proceeded in their next Fear of the Army raised and now indeed in Flanders where the French Army raged after the Dutch had made their separate Peace without Opposition and the English Army only a Burden to the Country and of no Use to restrain the French Ravages and Voted 1. That it is necessary for the Safety of his Majesty's Person and preserving the Peace of the Government That all the Forces which have been raised since the 29th of September 1677 and all others which have been since that time brought over from beyond Seas from foreign Service be forthwith disbanded 2. It is the humble Opinion of this House That the Forces which are now in Flanders may be immediately called over in order to their disbanding 3. That the House would to Morrow Morning resolve it self into a Committee of the whole House to consider the Manner of disbanding the Army The five Popish Lords had been impeached by the Commons about a Fortnight and no Articles exhibited against them when the King gave the Commons an Account that he had given Order for seizing Mr. Mountague's Papers upon Information that he had held several Correspondences whilst he was Ambassador in France with the Pope's Nuncio without any Direction or Order of his Majesty But Mr. Mountague the same Day produced two Letters from my Lord Treasurer whilst he was Ambassador in France which being read the House resolved to impeach the Treasurer and the same Day ordered a Committee to draw up Articles against him which on Saturday the Committee did and on Monday following impeached the Treasurer upon them whereas the Commons had not yet exhibited any against the Popish Lords This was upon the 23d of December But if the Treasurer was constant to himself I do not understand how the Commons Impeachment of him in the 4th Article could consist with the King's Displeasure against him for the quite contrary viz. That he suppressed the Evidences and reproachfully discountenanced the King's Witnesses in Discovery of the Popish Plot And Sir William Temple says pag. 391. That the Treasurer was fallen into the King's Displeasure for bringing the Popish Plot into Parliament against the King's absolute Command However the Parliament granted the King 693388 l. to disband the Army and also an Additional Duty upon Wines for 3 Years but no more Money being like to come this Sessions upon Monday the 30th of December he prorogued the Parliament to the 4th of February next and then told them That it was with great Vnwillingness that he was come to tell them that he intended to prorogue them that all of them were Witnesses he had not been well used the Particulars of which he would acquaint them with at a more seasonable time but when will that be for he never saw them after In the mean time he would immediately enter upon the disbanding the Army and do what Good he could for the Kingdom and Safety of Religion and that he would prosecute the Discovery of the Popish Plot to find out the Instruments of it and take all the Care that is in his Power to secure the Protestant Religion as it is now established How well this was performed you 'll soon see and before the 4th of February he dissolved this Eighteen-year-old Parliament The Vogue went It was upon the Account of my Lord Treasurer tho I believe upon severer Thoughts it will seem rather to have been done upon the Account of the Popish Lords and Popish Plot. These Feuds in the Nation and Jealousies between the King and Parliament stifled the Apprehensions of the dreadful growing Power of the French King and made fair Weather for him to prosecute his boundless Ambition without any Regard of his Faith or Honour where-ever he could extend it Never did one Parliament succeed another so early as the next did this long Parliament for the King by his Proclamation dissolved the Long Parliament upon the 25th of
Speech that they would not deign to debate it or one Paragraph in it Neither the Baâ—t of Tangier nor the King 's making Alliances with the Dutch and Spaniard if any such were in his Ramble of Prorogations of this Parliament would make the Commons give more Money This Parliament met in a contrary Humour to that of the Long Parliament and that from contrary Causes for that Parliament adored him as their Deliverer from the Rage and Persecution of the late times whereas this Parliament met in Dread and Terror of the Nation at present and were frighted at the Prospect of the Consequence of it after the King's Death The Commons heated by the Dissolutions of the two last Parliaments when they were searching into the Discovery of the Popish Plot and exasperated against the Tories for ridiculing the Popish Plot and for abhorring petitioning the King to let the Parliament sit in order to prosecute and secure the Nation against it c. proceeded in another Temper I think than any other ever before and in Truth I do not desire the Prosecution of the Commons in the Long Parliament in the first ten Years against the Protestant Dissenters and of the Commons of this Parliament against the Tories should be taken for Precedents by any Parliament in time to come When Parliaments met annually or at least frequently I think a Complaint cannot be found against any Man for Breach of Privilege but when there were long Intervals of Parliaments from whence the Consequence resolved into long Sittings of Parliaments which began in the Reign of Henry VIII then the Inconvenience I may say of Privilege of Parliament first began nor do I find any before the latter end of Henry VIII nor does Mr. Petit in his Precedents from Arrests and other Privileges of Parliament-men cite any before the Thirty fourth of Henry VIII in Case of Mr. George Ferrers Burgess for the Town of Plimouth being arrested for Debt and this was taken for such a Novelty that he takes up near seven Pages to recite the Proceedings of the Commons upon it and how the King being advertised thereof called the Chancellour the Judges the Speaker of the Commons and the gravest Persons of them wherein he commended the Wisdom of the Commons in maintaining their Privileges which he would not in any Point have infringed and that the Privileges of Parliament extend to the Servants of the Commons from Arrests as well as to the Persons of the Commons It 's worthy Observation with what Sobriety and Justice the Commons proceeded herein They ordered their Serjeant forthwith to repair to the Compter in Breadstreet wherein Mr. Ferrers was committed with his Mace to demand his Delivery which the Serjeant did to the Officers of the Compter who notwithstanding refused to do it and beat and hurt some of the Serjeant's Officers and broke his Mace and during the Brawl the Sheriffs of London came in who countenanced the Officers of the Compter and refused to deliver Mr. Ferrers and gave the Serjeant proud Language and contemptuously rejected his Message Hereupon the Commons commanded the Serjeant to demand the Sheriffs of London to deliver Mr. Ferrers by shewing them his Mace which was his Warrant for so doing whereupon the Sheriffs delivered him accordingly but then the Serjeant having further Command from the Commons charged the Sheriffs to appear personally on the Morrow by eight of the Clock before the Speaker in the nether House or of the Commons to bring thither the Clerks of the Compter and such other of their Officers as were Parties in the Fray and to take into Custody one White who had wittingly procured the said Arrest in contempt of the Privilege of Parliament The next day the two Sheriffs with one of the Clerks of the Compter and the said White appeared in the Commons House where the Speaker charging them with their Contempt and Misdemeanour they were compelled to make immediate Answer without being admitted to Counsel and in conclusion the Sheriffs and the said White were committed to the Tower and the Clerk which was the Occasion of the Fray to a place called Little Ease and the Officer which did the Arrest called Taylor with four other Officers to Newgate where they remained from the Twenty eighth to the Thirty first of March and then were delivered at the humble Suit of the Mayor and their other Friends The next Breach of Privilege reported by Petit is eight Years after viz. the fourth of Edward VI by one Withrington who made an Assault upon the Person of one Brandling Burgess of New-castle but the Parliament drawing towards an End the Commons sent Withrington to the Privy Council but the Council would not meddle in it and sent the Bill of Mr. Brandling's Complaint back again to the Commons according to the antient Custom of the House whereupon the Bill was sent to the Lords from the Commons when Withrington confest he began the Fray upon Dr. Brandling upon which he was committed to the Tower This was in the Year 1550. Mr. Petit finds not another Breach of Privilege till the Fourteenth of Elizabeth twenty one Years after which was done by one Arthur Hall for sundry lewd Speeches used as well in the Commons House as abroad who was warned by the Serjeant to appear before the Bar of the Commons to answer for the same and upon his Speech upon the humble Confession of his Folly he was remitted with a good Exhortation given him by the Speaker Here I observe these three Particulars 1. The Rarity of these Breaches of Privileges of Parliament in former times 2. The Justice of the Commons in their Proceedings of Breach of Privilege to cite the Person or Persons to appear before them to answer for themselves before the House passed any Censure upon them 3. That in none of these Censures they enjoined the Delinquent to pay their Fees to their Serjeant for the Serjeant is the King's Officer and by the 26th West 1. no Officer of the King 's shall take any Fee or Reward for doing his Office but what he receives from the King upon Penalty of rendring double to the Plaintiff and be further punished at the Will of the King And Sir Edward Coke in his first Inst Lib. 3. Sect. 701. Tit. Extortioners says this was the antient common Law and the Penalties added by the Statute and that tho some Statutes since have allowed the King's Officers in some Cases to take Fees for executing their Offices yet none other can be taken but what such Statutes allow and that all Officers of the King who take Fees otherwise are guilty of Perjury I would know by what Law the Commons Serjeant takes his Fees and how the Commons can absolve him from Perjury for taking such Fees Whereas in this Parliament rarely a Day passed wherein Men upon bare Suggestions and absent were not judged and Execution ordered for high Breaches and notorious Breaches of the Commons Privileges yet most of these
not foreknown and ordered to be taken into Custody tho in Northumberland and Yorkshire and rarely I think any of them were discharged without paying their Fees but what Fees was what the Serjeant pleased nay the Commons outrun all which was ever thought of before For on Tuesday the 14th of December having voted one Mr. Herbert Herring to be taken into Custody and Mr. Herring absconding from being taken the House resolved That if he did not render himself by a certain Day they would proceed against him by Bill in Parliament for endeavouring by his absconding to avoid the Justice of the House Though I doubt the Lords in the Temper they were in nor the King neither would have passed such a Bill It was strange methought that the Commons should be so zealous against any Arbitrary Power in the King and take such a Latitude to themselves which puts me in mind of a Story I have heard of an old Usurer who had a Nephew who had got a Licence to preach and the Uncle having never done any thing for his Nephew he resolved to be revenged upon his Uncle in a Sermon which he would preach before his Uncle in the Parish where he lived and made a most invective Sermon against Usury and Usurers but after the Sermon was done the Uncle thank'd his Nephew for his good Sermon and gave him 2 Twenty-shilling Pieces the Nephew was confounded at this and begg'd his Uncle's Pardon for what he had done for he thought he had given him great Offence No said the Uncle Nephew go on and preach other Fools out of the Conceit of Vsury and I shall have the better Opportunity of putting out my Money Yet so zealous were the Commons against Popery and Arbitrary Power that upon the 15th of December they resolved that one Mean for the Suppression of Popery is That a Bill be brought in to banish immediately all considerable Papists out of the King's Dominions And that a Bill be brought in for an Association of all his Majesty's Protestant Subjects for the Defence of his Majesty's Person the Defence of the Protestant Religion and for the Preservation of his Majesty's Protestant Subjects against all Invasions and Oppositions whatsoever and for preventing the Duke of York or any other Papist from succeeding to the Crown And upon the 16th of December the Commons read another Bill the first time for exempting his Majesty's Protestant Subjects dissenting from the Church of England from the Penalties imposed upon the Papists and upon the 18th ordered a Bill to be brought in to unite his Majesty's Protestant Subjects In this Ferment of the Commons this Parliament they run counter to the Commons of the last Parliament for then they chose Mr. Edward Seymour to be their Speaker and when the King refused him they were much disgusted but in this Parliament the Commons the 25th of November impeached him upon four Articles and a Motion was made for an Address to be made to remove him from his Majesty's Council and Presence And in the last Parliament the Commons would not proceed to the Trial of the Popish Lords in the Tower before the Lords should give their Judgment upon the Earl of Danby's Plea whereas in this Parliament they proceeded to the Condemnation of my Lord Stafford without taking any notice that I can find of having the Lords Judgment upon the Earl's Plea The Commons took Care also to prosecute and impeach all those that countenanced the Popish Plot or were Abhorrers of petitioning the King for the Meeting of the Parliament in the manifold Prorogations of it and voted That it is and ever hath been the undoubted Right of the Subjects of England to petition the King for the Calling and Sitting of Parliaments and Redress of Grievances And that to traduce such petitioning as a Violation of Duty and to represent it to his Majesty as tumultuous and seditious is to betray the Liberty of the Subject and contributes to the Design of subverting the antient legal Constitutions of this Kingdom and introducing Arbitrary Power The first that fell under these Votes was Sir Francis Withens after made a Judg a Member of the Commons whom they voted to be a Betrayer of the undoubted Rights of the Subjects of England and ordered him to be expelled the House for this high Crime and to receive the Sentence at the Bar of the House kneeling which he submitted to The next was Sir George Jefferies then Recorder of the City and ordered that an humble Address be made to the King to remove him out of all publick Offices and that the Members which served for the City should communicate this Vote to the Court of Aldermen Upon this Account tho the Commons discriminated the Crime they ordered Sir Giles Philips and Mr. Coleman to be sent for into Custody of the Serjeant at Arms for detesting and abhorring the petitioning for sitting of the Parliament and voted it a Breach of Privilege of Parliament the like the Commons did by Captain William Castle Mr. John Hutchinson Mr. Henry Walrond Mr. William Stavel Mr. Thomas Herbert Sir Thomas Holt Serjeant at Law and Mr. Thomas Staples and because Sir Francis North Chief Justice of the Common Pleas advised and was assisting in drawing up a Proclamation against petitioning for the sitting of the Parliament the Commons voted That it was a sufficient Ground for the House to proceed against him for high Crimes and Misdemeanours The like Vote passed against Sir Thomas Jones one of the Judges of the King's Bench and Sir Richard Weston one of the Barons of the Exchequer I do not find these Votes went further but the Commons actually impeached Sir William Scroggs of High Treason for discharging the Grand Jury of Middlesex before they had finished their Presentments and for the Order made in the King's Bench against Care 's Pacquet of Advice from Rome 〈◊〉 the History of Popery that it should be no more printed or published by any Person whatsoever I do not find the Articles particularly recited but they were ingrossed upon the 7th of January and the Impeachment carried up to the Lords by my Lord Cavâ—â—dish and received by the Lords Note in this common Danger the Commons ordered Leave to bring in a Bill for a general Naturalization of all Protestant Aliens giving them Liberty to exercise their Trades in all Corporations Now it 's time to see wherein the Lords and Commons did agree and wherein they ran counter The Lords agreed with the Commons in repealing the Act of 35 Elizabeth viz. for Payment of 20 l. per mensem for every Man who resorted not to his Parish-Church being so terrible a Law that it lay dormant above 80 Years and in the Feuds between the Tories and Whigs it was begun to be put in Execution which the Commons apprehending would make a Breach so wide as to let in Popery which would make no Distinction between Dissenters and the Sons of the Church they brought in a Bill
for repealing the said Act of 35 Eliz. which passed the Commons upon the 26th of November and was sent up to the Lords who agreed to it As the Lords joined with the Commons in passing this Repeal so did the Commons join with the Lords in their Vote the 4th of January viz. Resolved by the Lords Spiritual and Temporal in Parliament assembled That they do declare that they are fully satisfied that there now is and for divers Years last past there hath been an horrid and treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion in Ireland for massacring the English and subverting the Protestant Religion and antient established Government of that Kingdom To which the Commons added That the Duke of York being a Papist and the Expectation that Party had of his coming to the Crown hath given the greatest Encouragement to the Popish Plot as well in Ireland as here But the Lords ran counter to the Commons in the Bill intituled An Act for securing the Protestant Religion by disabling James Duke of York to inherit the Imperial Crown of England and Dominions and Territories thereunto belonging for after the Reading it the first time in the House of Lords and the Question being put whether it should be read a second time it was resolv'd in the Negative by above a double Majority of Votes If the Lords and Commons ran counter in some things the King and Commons ran counter almost in every thing The King 's main End in calling this Parliament was to get Money for the Preservation of Tangier and in perfecting the Alliance he had made with Spain The Commons would not give any Money upon the Account of Tangier for three Reasons One was For that as the state of the Nation stood it might augment the Strength of the Popish Party and encrease the Danger of the Nation Another was There were several Regiments besides the Guards in pay in England which might be transported to Tangier with little Charge and be maintained there as cheap as here And the third was That that Garison was the Nursery of Popish Officers and Soldiers The Commons would not give Money for the pretended Alliance of mutual Obligations of Succour and Defence with Spain for three Reasons 1. The Jealousy they had of the King's Sincerity in this Alliance and the more because the King did not declare to them what manner of Alliance this was and it might be more to the Prejudice than Benefit of this Kingdom or if it should have been to the Benefit of the Kingdom they could have no more Assurance of the Performance of it than they had of the Triple League that made with the Prince of Orange or that made between the King and States of Holland by Mr. Thyn on the King's Part which were all broken almost as soon as made 2. The Impossibility of any Benefit which could arise to England and Spain by such an Alliance for if all Christendom after the separate Peace which the King joined with the Dutch Faction in could not uphold Spain and the Spanish Netherlands from falling under the Dominion of the French how could the King in the feeble and distracted state of the Nation be in a condition to support it without them 3. The Unreasonableness of giving Money upon this Account for tho oftentimes the Kings of England have demanded Supplies for maintaining vast Wars yet never any King of England before demanded Supplies for making Alliances and not declare what such Alliances were But if any such mutual Alliances of Succour and Defence were made between our King and the King of Spain I 'm sure they were ill observed by the King for two Years after viz. 1682 the French blocked up the City of Luxemburgh and the next Year took Courtray one of the six Towns delivered back to the Spaniard by Beverning's separate Treaty from the Confederates and keeps it to this Day and so the French King does Luxemburgh which he took by plain Force from the Spaniard the next Year after viz. 1684. I wish I could find any mutual Succour of Defence the King gave the King of Spain in any of these either by this Alliance or as the King was Guarantee in the Treaty of Aix la Chapelle which in his Proclamation against the Dutch in the second Dutch War he declared he would maintain Nor did the Commons only run counter to the King's Designs of getting Money but considering the dangerous and weak state of the Kingdom as by the Debt the King had contracted by shutting up the Exchequer and his squandring away almost all the antient Revenues of the Crown and to prevent the like upon the Revenue settled upon the King since his Restoration upon the 7th of January resolved 1. That whosoever shall lend or cause to be lent by way of Advance any Money upon the Branches of the King's Revenue arising by Customs Excise or Hearth-money shall be adjudged a Hinderer of the Sitting of Parliaments and be responsible for the same 2. That whosoever shall accept or buy any Tally or Anticipation upon any part of the King's Revenue or whosoever shall pay such Tally hereafter to be struck shall be adjudged to hinder the Sittings of Parliaments and be responsible therefore in Parliament Now let 's see wherein the King run counter to both Lords and Commons After the Lords had agreed with the Commons in the Repeal of 35 Eliz. the Bill was taken from the Lords Table and never heard of after which no Man durst have done without the King's Command at least Privity Herein you may observe the Insincerity of the King's Indulgences for dispensing with the Penal Laws against Dissenters when he nourished those Ends by them which the Parliament dreaded and now the Parliament would have legally eased them the Bill must be ravished away Here is a greater Wonder yet to be told of this Parliament for notwithstanding all these Discords between the Lords and Commons and the King and the Lords and Commons yet they all reconciled in making the Act against the Importation of Irish Cattel c. perpetual thereby to perpetuate the Discords between the Kingdoms of England and Ireland as much as those between Whig and Tory. And in this posture of Affairs the King prorogu'd the Parliament from the 10th to the 20th of January 1681 and upon the 18th dissolved them This Dissolution caused a great Amazement in the Nation but in some measure to allay it the King summons another to meet the 21st of March following at Oxford This rais'd a Jealousy in the Nation and many of the Nobility that there was some hidden Design nourished in the Court which might have dangerous Influences upon the Nation and the Parliament too Hereupon 16 of the Nobility petitioned the King against the Meeting of the Parliament at Oxford and my Lord of Essex upon the Delivery of it made a short Speech which I believe was not forgotten afterwards The
another like that of the Meal-Tub but was carried on with higher Countenance for the Countess of Powis was the greatest concerned in that but you 'll see a greater concerned in this tho the Design was as dark as secret and the Discoverâ— of it by all Court-ways endeavoured to be suppressed So much as was suffered to come to Light was Edward Fitz-Harris was the Son of Sir Edward Fitz-Harris 〈◊〉 it 's said was an Agent in the Irish Rebellion if not in the Massacre in 1642. and this Edward Fitz-Harris was a great Correspondent with the Dutchess of Portsmouth and her Womâ—n Mrs. Wall and the Confessor of the French Ambassador and the Dutchess had several times supplied Fitz-Harris with Money and at one Time with 250 l. Fitz-Harris became acquainted with one Everard beyond Sea where they were in the French King's Service There was a strange Story of this Everard for after the King's Restoration he was 〈◊〉 about three Years kept in a dark Dungeon in the Tower where 't is said the Nails of his Fingers and Toes grew like the Takeâ— of a Hawk but the Fact for which he was committed was as 〈◊〉 as was Fitz-Harris's Design About the Beginning of February after the Parliament 〈◊〉 dissolved Fitz-Harris renews his Acquaintance with Everard and represented to him the Advantages he might have by forsaking the English Interest and ingratiating himself into the 〈◊〉 and Popish Fitz-Harris told Everard he might be serviceable to this Intereâ—â— if he would make a Pamphlet which might reflect upon the Kingâ— to alienate him from the People and the People from the Kingâ— Everard said he would do any thing for his Interest but did 〈◊〉 understand this to be so yet Fitz-Harris upon the 21st of 〈◊〉 gave some Heads by Word of Mouth to draw such a Pamphlet Everard acquaints several with what Fitz-Harris had said and perswaded one Mr. Smith in a concealed manner to hear the further Discourse between Fitz-Harris and him Everard also perswaded Sir William Waller to be there in like manner Upon the 22d Mr. Smith came to the Place appointed but Sir William Waller did not there Fitz-Harris gave Everard Instructions That the King and all the Royal Family must be traduced to be Popishly and Arbitrarily affected from the Beginning that King Charles the First had a hand in the Irish Rebellion and that King Charles the Second did countenance the same by preferring Fitz-Gerald Fitz-Patrick and Mont-Garret who were in the Irish Rebellion that the Act forbidding the calling the King a Papist was to stop Peoples Mouths when he should encline to further Popery which appeared by his adhering so closely to the Duke of York's Interest and hindering him from being proceeded against in Parliament and hindering the Officers put in by the Duke to be cast out and for that the Privy-Counsellors and Justices of the Peace which were for the Protestant Interest were turned out of all Places of Trust and that it was as much in the Peoples Power to depose a Popish Possessor as a Popish Successor and seeing there were no Hopes the Parliament when they should meet at Oxford could do any Good the People were bound to provide for themselves After this Everard and Fitz-Harris agreed to meet there the next Day and in the mean time Everard sent a Letter to Sir William Waller to meet there and be concealed to take notice of the Passages Sir William came and was secretly placed by Everard but before Sir William was so placed Everard gave him two Copies of the Instructions which Fitz-Harris gave Everard to draw up into a Libel which Sir William marked Soon after Fitz-Harris came and enquired of Everard what he had done who answered he had drawn two Copies of the Business and prayed Fitz-Harris to see how he liked them Fitz-Harris altered one of them yet thought it not full enough but would have it fair wrote out for the French Ambassador's Confessor After that Everard desired Fitz-Harris to give him his Instructions in Writing in which Paper Fitz-Harris wrote That it was in the Peoples Power to depose a Popish Possessor as well as Successor and other treasonable Heads And next Day Fitz-Harris came to Everard for a Copy fair written out which was delivered to Fitz-Harris who promised Everard a Recompence which was to be the Entrance into the Business but Everard should be brought into the Cabal where several Protestants and Parliament-Men were to give an Account to the French Ambassador of what was transacted But before Fitz-Harris was to receive the Libel back he was to go to my Lord H of Escrick Before this Fitz-Harris had received of the Dutchess of Portsmouth 250 l. to bring my Lord H to the King's Interest Mrs. Wall said which Fitz-Harris pursued so well that my Lord waited several times upon the Dutchess and found the King there and the Night before my Lord Stafford's Sentence Fitz-Harris came to my Lord from the King and told him that the King would take it as a great Resignation of my Lord to the King's Will and Pleasure if the next Day my Lord would go vote for my Lord Stafford This Design was to be carried on in the Name of the Nonconformists and put upon them and to be dispersed by the Penny Post to the Protesting Lords and leading Men in the House of Commons who were to be taken and searched so soon as they received it Everard said the Court had a Hand in it and thâ—â— the King had given Fitz-Harris Money and would give him moâ—â— if it had Success and the King told Sheriff Cornish that Fitz-Harris had three Months before his Apprehension been with the King and acquainted him that he was in Pursuit of a Plot which much related to his Majesty's Person and Government which the King did countenance and gave him some Money Sir William Waller acquainted the King with the Particulars he had taken whilst he was concealed the King thank'd Sir William and commanded Secretary Jenkins to issue out a Warrant for apprehending Fitz-Harris and Sir William to take Care for the Execution of it But Sir William was no sooner gone but Sir William said he was informed by two worthy Gentlemen that the King was highly offended with him and the King said he had broken all his Measures and that he would have him taken off one way 〈◊〉 other Sir William was as forward in taking Fitz-Harris as before he was in discovering his Plot and having apprehended him he was committed to Newgate where he was examined by Sir Robert Clayton and Sheriff Cornish to whom Fitz-Harris declared his Willingness to discover the whole Design the next Day after but Fitz-Harris next Day was removed to the Tower which was not done to Sir Thomas Gascoign and the Popish Lords Upon the 21st of March the Parliament met at Oxford the Members of the Commons were generally the same as the last Parliament and those which were not were of the same Kidney 〈◊〉
same to correct amend and alter And also where no Statutes are extant in all or any of the aforesaid Cases to devise and set down such good Orders and Statutes as you or any five or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall think meet and convenient to be by us confirmed ratified allowed and set forth for the better Order and Rule of the said Universities Cathedrals and Collegiate Churches Colleges and Grammar-Schools Erections and Foundations and the Possessions and Revenues of the same as may best tend to the Honour of Almighty God Encrease of Vertue Learning and Unity in the said Places and the publick Weal and Tranquillity of this our Realm Moreover our Will Pleasure and Commandment is That our said Commissioners and every of you shall diligently and faithfully execute this our Commission and every Part and Branch thereof in manner and form aforesaid and according to the true Meaning hereof notwithstanding any Appellation Provocation Privilege or Exemption in that behalf to be made pretended or alledged by any Person or Persons resident or dwelling in any Place or Places exempt or not exempt within this our Realm any Law Statutes Proclamations or Grants Privileges or Ordinances which be or may seem to be contrary to the Premises notwithstanding And for the better Credit and more manifest Notice of your doing in Execution of this our Commission our Pleasure and Commandment is That to your Letters missive Processes Decrees Orders and Judgments for or by you or any three or more of you as is aforesaid to be awarded sent forth had made decreed given or pronounced at such certain publick Places as shall be appointed by you or any three or more of you as is aforesaid for the due Execution of this our Commission you or some three or more of you as is aforesaid whereof you the said Chancellor to be one shall cause to be put and fixt a Seal engraven with the Rose and Crown and the Letter J. and Figure 2. before and the Letter R. after the same with a Ring or Circumference about the same Seal containing as followeth Sigillum Commissiariorum Regiae Majestatis ad Causas Ecclesiasticas Finally We will and command all and singular other our Ministers and Subjects in all and every place and places exempt and not exempt within our Realm of England and Dominion of Wales upon any Knowledg or Request from you or any three or more of you as is aforesaid to them or any of them given or made to be aiding helping and assisting unto you and to your Commandment in and for the due executing your Precepts Letters and other Processes requisite in and for the due executing of this our Commission as they and every of them tender our Pleasure and Will to answer the contrary at their utmost Perils In witness c. Here I make these Remarks upon this Commission First That the Archbishop of Canterbury who was first named in it refused to act in it so the Bishop of Chester was put in tho not in the first place Secondly How unwarily it was drawn for though I believe every one understands the Design of this Commission was to introduce a Roman Hierarchy which assumes a Power over the temporal in order to the spiritual Good yet here this Commission grants the temporal Power viz. the Chancellor and any other two viz. my Lord Treasurer President or Chief Justice a Power of Excommunication which is a pure spiritual Act. But whilst this Commission was thus in Embrio 't is fit to observe what was done before its coming into Act. You have heard how severely Oates was treated for discovering the Popish Plot Dangerfield's turn comes now to be as severely treated but with a worse Fate for discovering the Meal-tub Plot which was to have thrown the Popish Plot upon the Presbyterians Dangerfield in his Depositions before the Parliament had revealed that he was imployed by the Popish Party chiefly by the Lords in the Tower and Countess of Powis to kill the King and was encouraged and promised Impunity and Reward and part of it given him by the Duke of York for that end Upon this he was tried in Westminster-Hall in Trinity I think or Easter-Term in 1686 upon a Scandalum Magnatum and as Juries went was found Guilty and had the same Sentence of Whipping which Oates had and in his return from his Whipping from Tyburn towards Newgate was run into the Eye with a Tuck at the end of a Cane by one Robert Francis a fierce Papist of which with the Agony of his Whipping he soon after died but his Body was so swoln and martyr'd with his Whipping that 't was a question whether he died of the Whipping or Wound in his Eye You may read the Information at large which was ordered to be printed by the Commons Novem. 10. 1680. and after the Speaker Williams was fined 10000 l. for Licensing it tho by Order of the Commons to be printed The same Term I think Mr. Samuel Johnson commonly known by the Name of Julian Johnson was sentenced by the Court of King's Bench Sir Edward Herbert Chief Justice to stand three times in the Pillory and to be whipped from Newgate to Tyburn which was severely executed for making this humble and hearty Address to all the English Protestants in the Army raised by the King Gentlemen NEXT to the Duty we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hand and often look Death in the Face the second thing which deserves your Consideration is the Service of your Native Country wherein you drew your first Breath and breath a free English Air. Now I desire you to consider how well you comply with these two main Points by engaging in the present Service Is it in the Name of God for his Service that you have joined your selves with Papists who indeed will fight for the Mass Book but burn the Bible and who seek to extirpate the Protestant Religion with your Swords because they cannot do it with their own And will you be aiding and assisting to set up Mass-Houses to erect that Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these things and call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a foreign Yoke Will you help them to make forcible Entry into the Houses of your Countrymen under the Name of Quartering contrary to Magna Charta and Petition of Right Will you be aiding and assisting to all the Murders and Outrages which they shall commit by their void Commissions which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before that a Papist cannot
against the Lords Jurisdiction in Appeals from Chancery 502 504. Their Bills to prevent the French Designs c. 503 555. Address the King for a League with the Dutch 505. Their Votes for disbanding the Army 536. for the King's Safety 539. against the Tories c. 552. concerning the Revenue 558 559. Confederates their Success against the French 504. Complain to our King of the French Ravages 513. Exclaim against the separate Peace 529. Convention act hand over head in restoring Charles II. c. 423 424. Sent him 50000 l. 425. Convocation frame an Oath to preserve the Church and grant the King a Benevolence 273 367. Cooke Rob. a Pythagorean his manner of living c. 664. Cornish Alderman his hard Vsage is murder'd 622 624. Corporation-Oath see Oaths Corporations unjust in excluding Foreigners 27 658. Cotton Sir Rob. his Advice to the King 199 200. Covenant see Scots Covenanters rise in Scotland their Proclamations c. 542. Their Actions are routed 543. Coventry Lord-Keeper his Speech on the King's behalf 184. Mr. Henry breaks the Triple-League is made Secretary of State 477 478. Offers to sell his Place 514. Cowel his Interpreter incenses the Commons 59 60. Croke Judg a remarkable Story of him 259. Cromwel Lord his Letter to Buckingham 157. Oliver his Pedigree and Character how he rais'd himself 301 302. Designs against him 303 305. His first Success and Loss 310. Treats with the King his Ambition therein 322 323. Intercepts the King's Letters 323. Storms Drogheda and reduces all Ireland 344. Is declar'd General of all the Forces his Success against the Scots 345 346. and at Worcester 346. Contrives how to set up himself 348 358 361. Summons several great Men about settling the Nation with their Opinions 348 349. Furiously dissolves the Rump with Remarks thereon 362 363. His first Manifesto to the Nation 370. Summons a Council to govern the Nation his Speech to them 372 373. Gets rid of 'em 377 378. Appoints another Council is declar'd Protector his Instrument of Government with Remarks 379 380. Treats with the Dutch his Design against the Pr. of Orange 381 382. His Selfishness c. 383 387. His pretended Parliament and Speech to 'em 385. Is highly disgusted and dissolves 'em 386. Makes an unjust War with Spain with the ill Success of it 387 388. Assists the French against them 389 390 401. His Ways to raise Money 392. Is ill belov'd under great Disquietudes his Misfortune by a Coach 397 402. His third Parliament 398. His House of Lords 399. Is attempted to be kill'd ib. Compar'd with the greatest Tyrants 399 401. His fourth Parliament 401. His ill Success at Ostend 402. His Army of Volunteers and Death 403. His good Deeds 404 405. Rich. declar'd Protector 405. Has 90 Congratulatory Addresses presented him 406. Recogniz'd by his Parliament which he is forc'd to dissolve and thereupon is depos'd 407 408. D. DAnby Earl impeach'd by the Commons 536 538. Dangerfield discovers the Meal-tub-Plot is vilified by the Chief Justice 546. His Trial barbarous Punishment and Death 638. Dean Admiral slain by the Dutch 371. Sir Anth. sent into France to build Ships 497. Delinquents first use of the Word 274. Denbigh Earl sent to relieve Rochel but did not 225. Derby Earl routed and beheaded 347. Deserters hang'd against Law 643. Dewit John his Character and Actions 484 485. He and his Brother assassinated by the Mob 487. Digby Earl of Bristol his noble Character and severe Charges against Buckingham 109 110 118 137 187. His Ruin design'd by the Prince and Buckingham his Defence of himself is recall'd from Spain 119 138 139. Refuses the K. of Spain's generous Offers 120. His Reasons for his Proceedings in Spain 128 129. Is confin'd and petitions the King 139 175 185. Petitions the Lords for his Writ whereon 't is sent him 186. Is accus'd by the King c. ib. Is committed to the Tower 192 193. Follow'd Charles I. in all his Adversity 193. Discords in Religion often arise from Kings 17. Dispensing Power see James II. Dissenters a Bill for their Ease past the Commons but fiting out by the Lords 490. Fierce Laws against them in Scotland ib. Severâ—ly persecuted by the King and Tories 587. Too forward to address K. James 642 647. Dover Treaty 474. Dumbar Fight 345. Dunkirk sold to the French 429. Dutch declar'd Free States 26 61 339. Much in our Debt 32 33 54. Pay Tribute for fishing 32 61. Get their vast Debt remitted and their Cautionary Towns 80 81. What they detain'd from the English 115 121 249 250 338. Dispute the Sovereignty of the Seas with the English 244 c. Refuse a Coalition with England 350 374. Their Engagements at Sea with the Rump 351 354 356 371 372. Their pretended Excuses c. therein 351 352 358 372. Animate Cromwel against the Rump 361 371. Are in great Confusion 374. Their advantageous Theaty with Cromwel 383. Court Charles II. to a League 426. An Account of their former Encroachments c. 450 452. Their double-dealing 452. Their Engagements at Sea with Charles II. 457 461. Enter the River and burn our Ships 468. Get a beneficial Peace with K. Charles 469. yet their Smirna Fleet set upon send Deputies to the English and French Kings 478 479. whose Fleets they rout 481. Recapitulation of their History 482 483. Make a separate Peace with France 523 527. Complain to the English Court of the French 524. Assist the Pr. of Orange in saving these Nations 649. Their Answer to Albeville's Memorial 650. E. EAst-India Company incorporated by Cromwel 338. Edghill Battel there doubtful 296. Education of Youth 23 240 448 665. Egerton Lord Chanc. refuses to sign Somerset's Pardon 76. Eikon Basilike disown'd by Charles II. 425. Elector Palatine see Frederick Elizabeth Queen forbid French and Dutch building Ships 30. Granted the Dutch Licence to fish 32. Her sharp Answer to them 33. Allow'd K. James in Scotland a Pension 34. Elliot Sir John against the Court 189 213 231. Information against him in Star-Chamber 234 235. Essex Earl the Parliament's General 296 297 303. His ill Success 307. Lays down his Commission 310. Essex Earl murder'd in the Tower 601 602. Exchequer shut up by the King and his Cabal 478. F. FAirfax Sir Tho. for the Parliament 298 300 306. Is made General 310. Lord favours Monk 412 414 416. Falkland Lord slain his Character 299. Felton stabs Buckingham 225. Is threatned with the Rack 227. Finch Sir Joh. refuses to put any Question concerning Grievances with Remarks thereon 229 230 232. Is made Chief Justice and complies with the King 's illegal Actions 253. Made Lord-Keeper 266. Sir Heneage made Lord Chancellor c. 492 493. His Veracity Speeches 493 501. Fines excessive granted the Duke of York 602. Fire of London with Notes upon it 461 462. Fishing Trade and fishing on our Coasts 32 61 83 87 243 364 376 390 391 450 653 654 675 676 679. Increases Navigation 390 676. Fitton an infamous
as the Marriage of his Daughter with the Elector Palatine was the cause of his calling the last Parliament so the Consequence of this Marriage put him upon the necessity of calling another But because Mr. Rushworth Franklin and all other our Writers at home have either mistaken the Cause or taken it too short we will look into it from abroad Before Ferdinand the first of that Name Emperor of Germany and younger Brother of Charles the 5th the Kingdom of Bohemia was elective and tho they often chose the German Emperors their Kings after the Turks became great in Europe as Charles the 4th Wenceslaus his Son Sigismund and Albert the first of the Family of the House of Austria yet in the Year 1440 they chose Vladislaus King of Hungary who was a Polander to be their King who being slain at the great Battel of Varna against Amurath the 2d 1444 they chose his Son Vladislaus an Infant King of Hungary whose Guardian in his Minority was John Huniades the famous Champion against the Turks After Vladislaus who died without Issue the Bohemians in 1456 chose George Bogebracius After him in 1470 they chose Vladislaus the Son of Casimir King of Poland who had Issue a Son named Lewis and a Daughter named Ann married to Ferdinand Brother of Charles the 5th Emperor of Germany this Vladislaus was likewise chosen King of Hungary and died in the Year 1516. his Son Lewis being then an Infant was chosen King of Bohemia and Hungary and ten Years after viz. 1526 Lewis was overthrown and slain by Solyman the Great Turk at the Fight at Mohatz With Lewis fell the Glory and Majesty of Hungary the Paradise of the World of a sweet and temperate Climate a most healthful Air the Soil exceeding fruitful yet reserving Mines of Gold and Silver in its Bowels abounding with Cattel of a larger size than elsewhere which it supplied Germany Italy and Turkey with watered with the noblest Rivers of Europe the Danube the Drave Save Tibiscus c. as fruitful with Fish as the Land was with Cattel excelling the Countries in manifold and fair built Cities and Towns Hungary at the Death of Lewis from the time when Matthias the Son of the famous Huniades began to reign over them for 70 Years enjoyed perfect Peace within and abroad had the Reputation of the most Warlike Nation and of all other the best Frontier to stop the further Rage of the Turkish Arms in Europe But in this long Peace the People especially the Clergy became excessive rich accompanied with intolerable Pride and all other Vices which accompany Luxury and Ease In this high Conceit of themselves the Clergy especially Tomerius put the King with an Army of 25000 Men only to fight with Solyman with 300000 Turks twelve to one wherein not only the King but also Tomerius and the Flower of all the Nobility of Hungary fell here the Fate of Hungary began but did not end here For Ferdinand having married Lewis his Sister and assisted by his Brother Charles set up for himself to be King of Hungary in right of his Wife which the major part of the Nobility not slain in the Battel of Mohatz refuse to submit to and chose John Sepuce Vaivod of Transilvania to be their King and John being too weak to oppose Ferdinand flies to Solyman for his Assistance so that Hungary which before was the Barrier against the Progress of the Turkish Power in Europe now opens her Gates to let it in however the Turk being engaged in Wars against the Persians Ferdinand prevailed against both and John and Ferdinand came to this Agreement That John should enjoy that part of Hungary whereof he was possest during Life and Ferdinand the whole after his Death Soon after John died leaving the Queen with Child which proved a Son and the Nobility which before chose the Father King now chuse the Son and joining with the Queen call in Solyman for their Assistance who by this Call enters Buda the Regal City of Hungary and turns the Queen and her Son out giving him only the Title of Vaivod of Transilvania Now was Hungary become the Theatre for above 150 Years of all those Calamities which both Civil and Foreign Wars bring upon a Country so that of the most fruitful and best inhabited Kingdom in Europe it became the most desolate and uninhabited the Inhabitants being made use of only to be Slaves either to imperious Souldiers or lazy and idle Clergy-men If Hungary were the Paradise of the World Bohemia was not less of Germany and as an Island is encompassed with Waters so is Bohemia environed with Mountains which like a Garden with Walls encompassed a most rich pleasant and healthful Kingdom and to this Kingdom as well as that of Hungary does Ferdinand lay Claim in right of his Wife and being assisted by his Brother Charles and further from the Assistance of the Turks he forced the Bohemians to submit to his Empire but this was not only during his and his Wife's Life and her Heirs but to his Heirs Male tho he claimed in right of his Wife And herein you must observe That the Bohemians at this time as well as their Ancestors before were Enemies to the Popish Tyranny and Heresies so that Zisca the famous Captain of the Hussites about one hundred Years before in many Battels in Opposition to the Popish Tyranny overthrew the Emperor Sigismond and Ferdinand was a zealous Maintainer of the Popish Supremacy and Usurpations in Religion as well as Tyranny Ferdinand had Issue two Sons Maximilian who succeeded him in the Empire as well as in the Kingdoms of Bohemia and Hungary and Charles the first Arch-Duke of Austria Maximilian had Issue Maximilian Rodolph Matthias and Albert Governour and Prince of the Spanish Netherlands with whom King James in the second Year of his Reign made the League before spoken of Rodolph in 1576 succeeded Maximilian in the Kingdoms of Bohemia and Hungary as well as in the Empire This Rodolph Helvicus says was a Prince most worthy of all Praise the Refuge of good Learning Ensign of Peace and Clemency and in the Year 1609 granted Liberty of Conscience to the Bohemians and Austrians Rodolph's Brother succeeded him in the Kingdom of Bohemia and the Empire in 1614 but Matthias having no Issue and the Issue Male of Maximilian ending in him a Question might arise about the Succession to the Crowns of Hungary and Bohemia for admitting the Succession were hereditary then by the Laws of Inheritance these Crowns would devolve upon the King of Spain Philip the Third whose Mother Anna was Daughter to Maximilian the Second and therefore to be preferred before Ferdinand Arch-Duke of Austria descended from Maximilian's younger Brother To prevent this the Popish Party jealous of the Consequences prevail upon or rather forced the Emperor Matthias to surrender his Title to the Kingdom of Bohemia to his Cousin Ferdinand a zealous Assertor of the Supremacy of the Church of