[Page] THE REIGN OF King CHARLES: An HISTORY Faithfully and Impartially delivered and dispo­sed into ANNALS.

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LONDON, Printed by E. C. for Edward Dod, and Henry Seile the younger, and are to be sold at the Gun in Ivie-lane, and over against St. Dunstans Church in Fleet-street, 1655.

The Preface.

WHat oblique Descants will come traverse upon this honest Nar­rative, I already preiudicate. The fate of those who write of Times within ken, Times better for the History then for the Historian; for while they render Truth more resplendent, they usu­ally bring the Relater under a cloud. Whence the bane of all faithfull Tradition, that an Hi­storian is rarely found, untill the Truth be lost And what is History without, its Idiome; Truth, but a meer Romance? And if so, what pen will undertake the History of a King? Kings in their Functions so neer resemble the Divine Nature, as God himself hath styled them Gods. And as in many respects they re­present it, so also in that of Cyprian, though Epist. not in his sense, De Deo etiam periculosum est dicere verum. Though as Men they are with­in the incidence of frailty, (for as that Empe­rour Antoninus Pius apud Iul. Capi­tolinum. said, Imperium non tollit affectus. Sove­raignty doth not proscribe humane affections) yet their very failings have been in former times accounted, like their Persons, so sacred [Page] that to touch them, though never so tenderly, hath been esteemed Petty-Treason. But in King Charles (the grand concernment of these Annals) the Danger is counter changed, to exhibit in him any thing of merit, or impor­ting lesse then a Nero or Domitian, many will not endure. And these two extremes make my passage through this History like that of Iona­thans to the Philistims, A sharpe rock on the one 1 Sam. 14. 4. side, and a sharpe rock on the other side. Which consideration hath moved me to decline ma­ny things, otherwayes remarkable, and not commonly known, and to content my self with saving-truths. Nor should I have ad­ventured to have interposed a modest vindi­cation of this King in some particulars, not reflecting upon the fatall proceedings a­gainst him, had not the ingenuity of some eminently dis-affected to him, led me the way.

But if in relation to these perils, I am studious to bear my self erect, yet in other concernments, some will censure me for too strong a Biass.

Some will say I seem no friend to the Clergy; and left my silence should make this an Accusation, which is but a meer calumny; I answer, Church men I honour, (no man more) and this I do for their Sacred Orders sake. But if their Order be Sacred, it doth [Page] not (I wish it did) make all such who are initiated in that Order; too many of that holy profession are, ever were, and will be Sacred in another and worse sense. The un­sanctifyed lives of some Officiating at the Sacred Altar, have been the complaint of all ages. Read we not to their shame of the Sons of Ely, whose impiety made men abhor 1 Sam. 2. 17. the offerings of the Lord? Doth not Chry­sostome tell us of some his contemporaries, who [...]. Chrys. de Sacerdot. l. 3. (had Canonical Discipline been punctually ob­served) should not have been permitted, so much as to step over the threshold of Gods house, were notwithstanding advanced to the highest grison of Church Dignities? And if this Narrative presents some Ecclesiasticks too blame, the inference is fallacious, that therefore our times are worse then former, or that the accrimination overspreadeth all. No, what St. Augustine said upon the like occasion of some enormitans of his time, is no lesse true of ours, That though our Church Et si contrista­mur de aliqui­bus purgamen­tis, tamen con­solamur de plu­ribus ernamen­tis. Aug. Epist. 137. had cause to grieve for the blemishes of some, yet might she glory in the Ornaments of more. So few being then concerned in the litle which may distast, their disgust will be easier digested, especially considering that it can be nothing else but necessary truth which offends them, and so it must if I, or any other, will do the devoir of an Historian. For Truth to be [Page] Parent of ill-will is no novelty, no not where no ill-will is the Parent of that Truth, as in this work of mine; for of those whom it will have the unhappinesse to displease, not a single unite can challenge me for any personall ma­lice against him; or justly say, I have made Hi­story do the drudgery of mine own despight.

Nor perhaps will the Presbyterians esteem me altogether well-affected to them. A crime the lesse, because almost epidemical and con­tracted from their so principally occasioning our late sad distractions, yet have I so much charity for them, as heartily to wish they may read their errour in their punishment. For they who were so instrumental towards the ruine of their Superiour Order, have lived to feel the reverberation of divine indignation by a con­figuration of chastisement upon their owne Calling. So even and equall a decorum doth the wisdome of God observe in the Oeconomy, and dispensation of his judgment.

Nor will all objections reflect upon my in­clination, some will also upon my Narrative, and fault its Orthography, which consists in the true representation, not of Words, but Things. I have constantly conversed in the vale of rurall recesse, far from the Court (the pro­spect and vantage ground of observation) and upon that very account, this poor infant, even before it can speak, before it comes to the birth [Page] of edition, while it is yet in the womb of the Presse, is already by some reprobated for errors foreseen. The best is this Objection was not earlier contrived, then my Answer framed. Ocular observation of the Author is not absolutely necessary to the credibility of a story; for that were all at once, not to eclipse, but totally to extingush the light of all Histo­ries (Sacred only excepted) whatsoever, the greatest part whereof were Postscript an age at least to the things recorded: and they who wrote the memorials of their own times, as Thucydides, Xenophon, Herodian and others, who are the most accurate Reporters, inge­nuously confesse, they as well derive some things [...], upon trust from others, as other things they deliver upon their own credit. To speak therefore ad idem, close, and per­tinent to mine own vindication, to satisfie the impertinent curiosity of these enquirers, I shall descend to these overtures. As to what things are matters of Record, I confesse I have not consulted the very originals, but have con­formed to Copies, but of so neer extraction, as they are but once removed from the foun­tain it self. In other affaires, my information hath constantly resulted from Persons, not on­ly present, but eminently, and some in Chief commanding in the actions, or principal instru­ments in the Transactions. And as the greatest [Page] part of this information did flow from one single hand, so (for the credit of my labour) may I give this account of him, that he had as certain and as ful intelligence of all emergencies both forain and domestique, as any one in this Nation: and as he was too judicious to receive, so was he too honest to transmit a vain report; whereby, confident I am, I stand secure against any substantial falshoods, and I hope against circumstantial also, especially in point of I em­poralities, in assigning all both Things and Acti­ons their proper times, no one of which I will be bold to say is so in these Annals mislaid, as to super-annuate, and not many to vary from the very day of their prime existence. But if I be detected to have mis-reported any thing, light the errour where it will, my solace 'tis, Nemo Historicus non aliquod mentitus, & ha­biturus Flavius Vo­piscus. sum mendaciorum comites, quos Histo­ricae eloquentiae miramur Authores; the best Historiographers have done the like. And as I had in this work no design beyond Truth, so he that can form a truer Relation, let him.

THE REIGN OF KING CHARLES

KIng Charles was born November the 19th. Anno Dom. 1600. at Dun fermling in Scotland, not K. Charles his Birth. next in call to the Diadem. But the hand of God countermanded natures dispose, and by taking away Henry his incomparable Bro­ther, presented Charles, not only the succee­ding, but the only Male-stud of Soveraignty. The gallantry of Henry's heroique spirit ten­ded somewhat to the disadvantage and extenuation of Charles his glory, who arriving at his years, and wanting nothing of his Princely institution, came yet short of him in the acquist of re­putation with the People. Henry of a forward, and enterprising; Charles of a studious, and retired spirit: whereof the blame may in part be imputed to some organicall impotences in his body. For in his state of increment and growth, he was exceeding fee­ble in his lower parts, his legs growing not erect, but repandous and embowed, whereby he was unapt for exercises of activity. Again, he was none of the gracefullest Orators, for his words came difficultly from him, which rendred him indisposed to speak much. But in the flux of time, and when he began to look man in the face, those tender limbs began so to consolidate and knit together, as the most eminently famed for exercises of honour, were forced to yeeld him up the garland. And though his vocall impediment accompanyed him till the fatall stroke, yet was it to wise men an index of his wisdome: therefore Obloquy never plaid the fool so much, as in imputing folly to him, since there was never, or very rarely, known a fool that stammered. And for his intellectuals, he gave in the Spanish Court (where was [Page 2] his first initiation into renown) a very satisfactory account. Ann. Christi 1625

His designe thither (it's well known) was to seek a service, and make address unto the Lady Infanta in the quality of a Wooer; a businesse which had complicated with it the hopes, that under the His journey into Spain. conduct, and into the bargain of that Match, his Brother (the Palsgrave) should be postlimineated and restored to his inheritance of the Palatinate, (then detained from him by the Emperour and Duke of Bavaria) and Count Gondamore the Spanish Ambassador had partly promised as much. His reception into the Spanish Court, was with all possible ceremonies of honour, and specious comply-ments: but he had rather have seen good faith in [...]uerpo, then falshood in the mantlings of those fair respects. For the craf­ty Spaniard would not admit the restitution of the Palatinate into the fabrick of the Capitulation, no not by way of Paren­thesis, but said it should be as a reserve of gratuity to conferre upon the King of Great Britain after the Nuptials consummated. And besides, he spun out and protracted the procedure of the affair to a length, tedious to the Prince, and (as it happened) destructive to the whole designe. For the transaction being com­pleted to the very signing of the Articles on both parts, and the obtaining a Dispensation from his Holiness, and all things fit for Contract and Espousals, in the very nick of time (a strange traverse of Providence) dyes Pope Gregory, whose death put all to a stand; for his Dispensation being now as null as himself, a necessity there was of soliciting Pope Urban for another, which negotiated to the best improvement of expedition, could not be obtained on the suddain. And (as if the rescue had been by conspiracie) at that very time Dispatches came from King Iames, to summon the Prince speedily home; who, glad of the occasion, communicates to Philip his Fathers call, and pressed the necessity of his obedience so close, as his Catholick Majesty could not in civility deny him. Matters being in this wavering posture, the lazy Spaniard bestirs him, and importunately moves on the other side; that, since he might not disoblige his Highness from obeying his Fathers order, and that this unhappy remora could onely amount to the losse of some few dayes, and seeing there remained still the same inclination of alliance on both parts, according to the tenour of the Articles, he would be pleased to assigne in his absence some Proxy to contract with the Infanta after a new Dispensation had from Rome. To whom the Prince returned answer: That he would impower the Earl of Bristol to give his Majesty all satisfaction in that particular; which accordingly he did. Nothing was now left to impede his Highness return, but to ceremoniate his dismission agreeable to his reception. And (whatever the linings were) certain it is, there was such a fair outside of love, such a seeming serenity of affairs, such dear [Page 3] accollado's interchanged between Philip and his Highness, at their valediction and parting, as eye scarce ever beheld the like. There goes a report that the Spaniard had a design to have staid him, but that he outstript the Post; which I leave, as I find it, dubious. But certain it is, the Prince began to nauseate the match, and to meditate all honourable evasions, and no sooner was he aboard the vessell of his reduction, but he disparched a clande­stine Agent to the Earl of Bristoll with an expresse order, not to yeeld up his Proxie, till further instructed from England. And so he hoisted up sail for his beloved Ithaca, and home; upon whose prosperous arrival, being Octob. the 5. the Kingdome fell into so generall a conflagration with bone-fires, as if the people had meant to make an holocaust of it, such an universal and epi­demicall joy there was, not only that Charles was returned safe, but that also without his lading: In truth they were so co-incident, as the loyal hearted English could not distinguish between the Spa­nish match and Charles his ruine. Upon his first accesse to his Fathers Court, after many dear and cordial welcomes, he repre­sented to his Majesty the state of his Negotiation, who perceiving upon the hole sum, that the slie Spaniard practised to make an af­ter game of the Palatinate, and observing a generall disgust in the hole Kingdome, by advice of his Privie Councel, dispatcheth Letters to the Earl of Bristoll, enjoyning him positively to demand restitution of the Palatinate, and that till he had absolute satisfacti­on therein, the Proxy should not be delivered, nor any further progresse made in the Treaty. This unexpected proposall put his Catholique majesty into such a dazling demur, as it was no diffi­cult matter to presage a finall rupture would ensue, which (after the Treaty had lain languishing about five moneths) happened by the solicitation of the Parliament, March, 24. 1623. The esti­mation his Highnesse got in this expedition of a solid and serious Prince, was more then could be expected from his puisne years of 23.

Nor was this the only service that adventure did him, it gave Overtures of the French Alliance. him also a transitory view of that excellent Lady, whom the supreme Moderator of all things had reserved for him. For Pa­ris being obvious to him, and in his way to Spain, he delaid there one day, where fortune entertained him with a sight of the Princesse Henretta Maria at a Court Masque; this view he stole undiscovered, through the benefit of a false hair: I will not say this casualty was causal to the first design of soliciting that alli­ance; yet possible it is, that first ocular acquaintance with her per­son, might create something of affection in him beyond neu­trality; what occasion it was first started that Treaty, I know not, but for certain there never was such an harmony of universal votes in any affair of that quality, between the two Crowns, as in [Page 4] this. For King Iames recommending it to the consideration of his Privie Councell, they extol both the relation and accommo­dations of the match, assuring his Majesty the project would take passing well in an Assembly of the three Estates; whose convention his Majesty having before meditated in order to the recovery of the Palatinate, he now fals upon resolution, and is­sueth summons for the Parliament to assemble: which being met, and the businesse propounded, it was entertained with an unani­mous consent, and a motion made, that an Ambassador should be sent over to negotiate the Treaty. The King finding the Par­liament so great zelots in this design, he presently issueth out a Commission to the Earl of Holland to that intent. Who being a most commodious and proper instrument for such an employ­ment, speedily imbarques for France, where upon the prime over­ture of his message at the French Court, he found so ready and fluent an inclination in King Lewes, as he was able to divine the issue before capitulation, whereof he early transmitted advertise­ment to his Master, who upon notice of it (for the greater ho­nour of the correspondence, and to expresse the exuberancy of his devotion to the match) superinducted the Earl of Carlile as an additionall Ambassador to the Earl of Holland. And from France, Lewes (who disdained to be wanting in any dues of compli-ment) dispatcheth the Marquesse D' Effait for England. These noble instruments of State ply'd their instructions with that diligence and fidelity, as the accord was full formed, No­vemb. the 10. 1624. and Articles signed on both sides, so as France and England seemed now as one Continent, and all of a piece. True it is there wanted a dispensation from the Bishop of Rome, whereof his Majesty of France was then in pursuit.

But in the interim of that delay, King Iames (as if the con­summation of that match had been his consummatum est) brake King Iames his Death. up his ruinous house of clay, surrendring up at Theobalds his soul to God, and his three Kingdomes to his Son, March 27. 1625.

It will not be amisse nor ablude from the usuall ceremony or­dained to the bodies of extinct Princes, if I here represent in brief the pourtraicture of this famous Monarch, which I will do freely, sincerely, and with a spirit which equally disdaines to libel or to flatter him.

In the stile of the Court he went for Great Britain's Solomon; nor is it any excursion beyond the precincts of verity to say, His Character. that neither Britain nor any other Kingdome whatsoever, could ever, since Solomon's daies, glory in a King, (for recondite learning, and abstruse knowledge) so near a match to Solomon, as He. And though he was an universall Scholar, yet did he make other sciences (their most proper imployment) but drudges [Page 5] and serviteurs to Divinity, wherein he became so transcendently eminent, as he notoriously foyl'd the greatest Clerks of the Ro­man See. Nor did his Theological abilities more advantage the cause of Religion abroad, then at home, they keeping the now­fangled-Clergie aloof, and at distance, as not daring to infuse into so solid a judgement their upstart and erroneous fancies, no nor disquiet the Churches peace with heterodox opinions. A stout adversary he was to the Arminians and Semi-Pelagians, whom he call'd, as Prosper before him, the enemies of Gods grace. And as slender a friend to the Presbytery, of whose tyrannical and Antimonarchical principles he had had from his cradle smart ex­perience. He was an excellent speaker, the scheme of his Ora­tory being more stately, then pedantique, and the expressions argu'd him both a King and Scholar. In his apparell and civill garb he seemed naturally to affect a majestique carelesnesse, which was so hectique, so habitual in him, as even in religious exercises, where the extern demeanour is a grand part of that sacred ho­mage, he was somewhat too incurious and irreverent. He was indulgent a little to his palat, and had a smack of the Epicure. In pecuniary dispensations to his Favourites he was excessive liberal, yea though the exigence of his own wants pleaded re­tention. Studious he was of Peace, somewhat overmuch for a King, which many imputed to Pusillanimity; and for certain the thought of war was very terrible to him: whereof there needs no further demonstration then his manage of the cause of the Pa­latinate: for had he had the least scintillation of animosity, or majestick indignation, would he have so long endured his Son in law exterminated from his Patrimony, while the Austrian fa­ction (to his great dishonour) cajol'd and kept him in delusory chat with specious fallacies? Would he in those severall negotia­tions of Carlile, Bristow, Belfast, and Weston, have trifled away so vast sums, the moity whereof, had they been disposed in mi­litary levies, would have modelled an Army able (when Hei­delburgh, Manheim, and Frankindale defended themselves) to have totally dissipated all the forces of the usurpers, to have ma­stered the imperious Eagle, enforcing her to forgoe her quarry, and re-estated the Paltzgrave? Would he so shamefully have courted the alliance of Spain to the very great regret of his sub­jects, whom his Predecessor had so often baffled, and whom Eng­land ever found a worse friend, then enemy? What stronger evi­dence can be given in of a wonderfull defect of courage? As this lipothymie, this faint-heartednesse lost him the reputation and respects of his people, so his heavie pressures upon them, and undue levies by Privy-seals and the like, alienated their af­fections, especially considering how those moneys were mis-im­ployed, indeed rather thrown away, partly in the two dishonou­rable [Page 6] treaties of Spain and Germany, and the consequential enter­tainments, and partly in largesses upon his Minion Buckingham. Between this disaffection and contempt in his people, there was generated a general disposition to turbulent and boystrous darings, and expostulations even against his darling Prerogative; And though those dismall calamities which befel his son, were doubt­lesse ampliated by a superfetation of causes, yet was their first and main existency derivative from those seminalities; Let Court-pens extol the calmnesse of his Halcyonian reign with all artifice of Rhetorique, yet can they never deny but that admired serenity had its set in a cloud, and that he left to his successour both an empty Purse and Crown of thornes.

The death of this famous Monarch caused no other Interreg­num then of Joy, his Son Charles being immediately by Sir Ed­ward Charles pro­claimed King. Zouch (then Knight Marshall) proclaimed at the Court gate, King of Great Britain, France, and Ireland. His first act of Re­gality was to dispatch Aviso's of his Fathers decease to forein Princes, and States his correspondents, with whom he was in ami­ty. Next he took into care the becoming obsequies of the Royal Corps, which removed from Theobalds to Denmark house in London, April the 23. was thence the 4. of May conveyed to West­minster, and there in-hum'd, with the greatest solemnities and most stately ritualities could be devised.

Though grief had taken up the principal lodgings of K. Charles French Alli­ance conclu­ded. his heart, yet did it not quite turn love out of doors, but he had still an eye to France, and held himself concern'd to let his Agents know he was mindfull of the stock he had going there; and to rear a firm assurance of his serious intentions, he sent over let­ters of procuration for the Duke of Chevereux to espouse the La­dy Henrietta Maria: only he added this especial pre-caution, that those Letters should not be resigned up untill May the 8. when the celebrities of his Fathers Funerall would be over; for he would not that Grief and Joy (things incompatible) should justle. These instructions were precisely observed, and on May 11. the Espousals solemnized in the Church of Nostre-Dame at Paris; the Queen being given by her two Brothers, the King and Mon­sieur. The Nuptials past, his Majesty thought long till he was personally, as well as virtually, united to his beloved moiety, and therefore dispatcheth over the Duke of Buckingham, and the Earl of Montgomery, with other personages of quality, both to accelerate her transfretation, and wait upon her with the greater splendour. May the 24. they arrived at Paris, and Iune the 2. the Queen (after the iteration of most affectionate adieus, recipro­cated and interchanged between the King and her self) set for­ward for Amiens, where being attended with a most princely re­tinue, she was under the restraint of a magnificent entertainment, [Page 7] till the 16. of that moneths; thence she dislodged for Bulloign, where she was to imbarque for England, (the contagion being then much at Calais) there she found ready to receive her, one and twenty tall Ships sent from her Dearest, with a gallant Con­voy of the Dutchesse of Buckingham and other Ladies of honour and eminence to serve her. Iune 22. she set sail for England, and landed safe at Dover after a turbulent and tempestuous pas­sage. His Majesty lay that night at Canterbury, and next morning with joy incredible greeted his royal Consort, and conducted her to Canterbury, where the marriage was finally completed; the Duke of Chevereux, his Majesties former Representative, con­signing up his precious charge to the King. From Canterbury his now dual Majesty took coach for White-hall, where the third day after their arrivall, presenting themselves in their Royal Thrones before the Nobles of the Realm, their Marriage was declared with great exultations and rejoycings: but soon after they were warned to depart; for London being then visited and empested with a fierce and furious contagion, it began to en­large its quarters so far, as at length it seised even White-hall it self, which necessitated the King and Queen to remove to Ham­pton Court.

It doth, I know, render King Charles obnoxious to untoward and sinister descants, that he commenced his reign with so in­auspicious A Reflex up­on the Pesti­lence; an omen, as that prodigious pestilence; yet, setting aside that mortality had now taken forth a larger Commission, what can be imputed more to him, then that he did Patrize? Would the suggestors of that oblique construction search coun­ter, little more then a score of years, they might learn that King Iames (who enjoyed the longest term of peace of any British King since the Conquest) initiated his government with, and under the same calamity. Nay it is farther remarkable, that these two plagues, that of the Father, this of the Son, were na­tives both of one Parish (White Chappel) yea under the same roof, and issued forth on the same day of the moneth; such correspondence was there in their entrance, who were so diver­sify'd in their exits.

To the former paragraph, and short discourse upon the grand Infection, give me leave to adde another, (and both within Histo­rical And upon the Alliance. toleration) by way of speculation upon the French Alliance. I have heard some great pretenders to State-aetiology, and who undertake to mate all events with their proper causes, passionately ascribe Englands calamities to those internuptials, and fetch that ireful stroke of divine Justice upon his late Majesty from his mar­rying a Lady of mis-belief. Grant I do that both Englands and his Majesties sufferings may in some sort be reductive to the causality of that match, but that there was any intrinsique noxi­ousnesse [Page 8] in it, either as French, or Popish, I am not yet convin­ced. As French, it could not morally operate any thing conside­rably destructive to us, in regard our correspondence and com­merce with that nation was rarely lesse then during that alli­ance. Again, certain it is, and I have partly proved it before, that the self same spirit of contest (the main cause of our divi­sions) between regall Prerogative and popular Liberty (I had almost said Licentiousnesse) was emergent long before that mar­riage. Nor dare I affix direct and absolute culpability to it, up­on the bare account of its being Popish meerly, which I can more easily dislike, then justly blame. It is, I know, with much con­fidence urged what S. Paul interdicted the Corinthians: Be not unequally yoked. But that prohibition being determined ex­plicitly to Infidels, and persons of another Religion, is impro­perly apply'd to Papists, who hold the same fundamentals (the Creed Apostolical) with us, and are in truth of the same Re­ligion, Christian, with us; to thousands of whom we dare not think the advenue's of eternal blessednesse precluded; for though there be many errors in the Church of Rome, which will not admit of reconciliation; yet are there many thousand mem­bers thereof whose incuriosity contented with ordinary and sa­ving truths, neglect the acquaintance of those noxious myste­ries, and are in the safest plight by reason of their plain and sim­ple belief. It cannot be denied, but unity and individuation of Caeteram tur­bam credendi simplicitas tu­tissimam facit. Aug. Ep. Fun­dam. cap. 4. perswasion in all points of sacred truths, were to be wished be­tween married couples; yet notwithstanding it is not of such ab­solute necessity to Matrimonial bonds, but (where other accom­modations of congruity respond not) we are probably indulged the choice of one of dissenting belief. And this was at this time King Charles his case, for such was the paucity of Protestant Princes, as the hole tribe of Reformation was not able to furnish and supply him with one single match of agreeable birth and fortune. But be the sin as great as malice it self can wish it; yet can it not be truly stiled his; who, though he was most con­cern'd, was least conversant in the transaction of the businesse; For, as I have already manifested, (before his adeption of the crown) the affair had clearly proceeded beyond an honourable retreat, being not only commenced, but fully and finally made up by his Father with the unanim vote of Parliament. So that to the obligation of his filial obedience, there was superinducted a decent complacence with the three Estates; the Principality of the crime (if a crime it must be) being theirs, theirs was also the greater condignity of the Block. But Divine vengeance issuing out no signal attachment against them, convinceth this idle sug­gestion of ill contrivance, since nothing is more preposterous then to punish the accessary, and discharge the prime offender.

[Page 9] The same time while his Majesty was thus buryed in his amo­rous negotiation abroad, he ply'd as well his interest at home, and while he wooed his Royal Mistresse there, he made love to his people here by summoning a Parliament: that league being not A Parliament called. more important to him as Man, then this as King; for as man is without a female consort, so is a King without his supreme Councel, an half-form'd, steril thing; the natural extracts of the one procreated without a wife, are not more spurious then the po­litique descendants of the other without the coition of a Represen­tative. The solemnity of this grand match was commenced at Westminster, Iune the 18. At the first interview it appeared under the scheme and fashion of a money Wedding, and in truth the publick affairs did then implore no lesse. Upon the opening of the And Assem­bled. Parliament, the King imparted his mind to the Lords and Com­mons to this effect.

My Lords and Gentlemen,

YOu are not ignorant, that at your earnest The Kings Speech. entreaty, March, 23. 1623. my Father (of happy memory) first took up armes for the reco­very of the Palatinate, for which purpose by your assistance, he began to form a considerable Ar­my, and to prepare a goodly Armado and Navie-Royall. But death intervening between him and the atchievement, the war with the Crown is de­volved upon Me. To the prosecution whereof as I am obliged both in Nature and Honour, so I question not but the same necessity continuing, you will cherish the action with the like affection, and further it with aready contribution. True it is, you furnished my Father with affectionate sup­ply's, but they held no symmetry or proportion with the charge of so great an enterprise. For those your donatives are all disburst to a penny, [Page 10] and I am enforced to summon you hither to tell you, that neither can the Army advance, nor the Fleet set forth without further aide. Consider, I pray you, the eyes of all Europe are defixt upon me, to whom I shall appear ridiculous, as though I were unable to outgoe muster and osten­tation, if you now desert me. Consider it is my first attempt, wherein if I sustain a foyl, it will blemish all my future honour. If mine cannot, let your own reputation move you, deliver and expedite me fairly out of this war, wherewith you have encombred, let it never be said, whereinto you have betrayed me. I desire there­fore your speedy supply; speedy I call it, for else it will prove no supply. The Sun you know is entring into his declining point, so it will be soon too late to set forth, when it will be rather not too soon to return. Again, I must minde you of the mortali­ty now regnant in this City, which should it (as so it may, and no breach of priviledge neither) arrest any one Member of either house, it would soon put a period both to consultation and session, so that your own periclitation necessitates an ear­ly resolution. In sum, Three of the best Rhe­toritians, Honour, Opportunity, and Safety, are all of a plot, and plead, you see, for expedition. Perhaps it may be expected I should say some­thing in way of account of my Religion, as also­of the temper and tenour of my future Govern­ment. [Page 11] But as I hope I have not been guilty of any thing which may justly start the least questi­on in either, so I desire you would repose in this assurance, that I will in neither vary from those principles wherein I have been instituted at the feet of that eminent Gamaliel my late Fa­ther.

His Speech being ended, the King vailed his Crown, a thing rare in any of his Predecessors.

Though deny'd it could not be, but this Speech was elemen­ted of very rational materials, and ponderous arguments, yet did it not cause such a precipitation of resolution, but that the Parliament did descend to consideration of it by degrees. That which retarded the debate was this. They had in store by them two Petitions, one for Religion, the other against Grievances; to which, having been model'd in King Iames his time, and prefer'd to him at the close of the last Session of the last Parliament, they as yet never received answer. They said it was the ancient, and as they The Parlia­ments Answer. conceived, a most prudentiall practice, to present Petitions at the Commencement of Parliaments, or so long before their dissolution, as the King might have time to return a full and deliberate answer; That the same course they were resolved strictly to pursue, and give priority of dispatch to those Petitions, before any other busi­nesse whatsoever; which accordingly they did. To the severall heads against grievances his Majesty gave a distinct and satisfacto­ry answer, and promised largely to the Petition for Religion: and the better to draw on supplies, he did audit to them the severall disbursments, both relating to the Army and Navie, that all jealousies of mis-imployment might be removed; which produced so good effects, as the Laity gave him, freely and with­out coudition, two Subsidies from Protestants, and four from Papists, as a mulct of the House upon their Recusancy, and the Clergie three.

In this Session of Parliament was Mr. Mountague questioned Mr. Mounta­gue questioned? for publishing certain Books prejudiciall to the Protestant cause, for which he was ordered to be brought to the bar, to whom the Speaker declared the pleasure of the House, That they would referre his censure to their next meeting, and in the interim in respect of his notorious contempt, he should stand cnmmitted to the Serjeants Ward, entring Bail for his then ap­pearance.

[Page 12] But Mr. Mountague had by the artifice of his Court friends cun­ningly crept into the Kings service undiscerned, and the King signifyed to the Parliament two days after, That he thought his servants (whereof Mountague was one) might have as much protection as the servant of an ordinary Burgesse. Neverthelesse his bond of two thousand pound whereupon he was tailed, continu­ed uncancelled.

This Session was also enacted a Law for punishing of divers abuses committed on the Lords-day called Sunday.

A Law enabling the Kings Majesty to make Leases of Lands parcel of his Highnesse Dutchy of Cornwall, or annexed to the same.

A Law for the ease in obtaining of Licences of Alienation, and in the pleading of Alienations with Licence, or of Pardon of Alienation without Licence, in the Court of Exchequer or elsewhere.

A Law for the further restraint of tipling in Innes, Alehouses and other Victualling houses.

An Act that this Session of Parliament shall not determine by his Majesties royall assent to these Acts.

There passed also in the House of Commons a Bill of Tunnage and Poundage, but because it was limited to a year, whereas former grants to his Majesties predecessors were for term of life, it was foundred in the Lords House, and went no further; the cause of this restraint was,

In the Parliament 18. of King Iames, the Kings Councell culled out of that Act reasons for pretermitted Customes, and other impositions, which were then charged upon, and grievan­ces to the Subject. Again, there had been lately set an immo­derate rate upon those Customes, and therefore they had in designe to reduce them to the rate setled in Queen Maries dayes, but they had not time enough at present to make the Refor­mation.

August the first the Parliament met again at Oxford, the Divinity Schoole was appointed for the House of Commons, The Parlia­ment assembled at Oxford. and the Galleries above for the House of Lords. The fourth of the same month both Houses were called together to Christ-Church-hall by the King, where he laid open to them his wants for setting forth the Fleet. But the Parliament before they would return his Majesty any answer, presented him with a Petition against Recusants to this effect.

Most Gratious Soveraign,

IT being infallibly true that nothing can more establish your Throne, and assure the peace and prosperity of your People, then the unity and sincerity of Religion; We your Majesties most humble and loyal Subjects and Com­mons in this present Parliament assembled, observing that of late there is an apparent mischievous encrease of Pa­pists within your Dominions, hold our selves bound in conscience and duty to present the same unto your sacred Majesty, together with the dangerous consequences, and what we conceive to be the most principal causes, and what may be the remedies thereof.

1. Their desperate ends, being the subversion both of Church and State, and the restlesnesse of their spirits to attain those ends. The Doctrine of their Teachers and Leaders perswading them, that therein they shall do God good service.

2. Their evident and strict dependence upon such forain Princes, as no way affect the good of your Majesty and this State.

3. An opening a way of Popularity to the ambition of any who shall adventure to make himself head of so great a party.

The principall causes of the increase of Papists.
  • 1. The want of due execution of the Laws against Iesuites, semi­nary Priests and Papists Recusants, occasioned partly by connivence of the State, partly by many abuses of Officers.
  • 2. The interposing of forain Princes by their Ambassadors and Agents in favour of them.
  • 3. Their great concourse to the City, and their frequent conventi­cles and conferences there.
  • 4. The education of their children in Houses and Seminaries of their Religion in forain parts, which of late have been greatly multi­plyed and enlarged, for the entertainment of the English.
  • 5. That in many places of this your Realm, your people are not [Page 14] sufficiently instructed in the knowledge of true Religion.
  • 6. The licentious publishing of Popish and seditious Books.
  • 7. The imployment of men ill affected in Religion in places of Go­vernment, who countenance the Popish party.

The Remedies be these:

1. That there be great care taken in choise, and admitting Schoolmasters, and that the Ordinaries make diligent inquiries of their demeanours, and proceed to the removing of such as shall be faulty.

2. That the ancient Discipline of the University be restored, being the famous nursery of literature.

3. That for the propagation of the Gospel, such able Ministers, as have been formerly silenced, may by fair entreaty of the Bishops be reduced to the service of the Church, and that Non-residency, Plura­lities, and Commendums may be moderated.

4. That a straight provision may be made against transporting of English children to Popish Seminaries beyond Seas, and for recalling such as are there already.

5. That no Popish Recusant be permitted to come within the Court, unlesse upon speciall occasion, agreeable to the Statute 3o Iacobi.

6. That all Jesuites, Priests, and others having taken Orders from the See of Rome, may be banished by Proclamation, and in case of disobedience may be proceeded against according to the Laws of the Land.

7. That none by any authority derived from the See of Rome be permitted to confer Orders, or exercise any Ecclesiasticall function within your Majesties Dominions.

8. That all former grants of Recusants lands made to the use and interest of such Recusants, may by the advice of your Majesties Coun­cell be voided.

9. That all Recusants may be excommunicated, and not absolved but upon conformity.

10. That all Recusants be removed from places of authority and government.

11. That all Recusants be disarmed according to the provision of the Law.

12. That they may be all confin'd to remain at their Country habi­tations, and not to travell above five miles from thence.

13. That none of your Majesties naturall born subjects be suffered to repair to the hearing of Masses, or other superstitious service at the Chappels or houses of forain Ambassadors or elsewhere.

14. That all such insolencies as any Popishly affected have late­ly committed to the dishonour of our Religion, be exemplarily pu­nished.

[Page 15] 15. That the penalty of 12 d. every Sunday for default of coming to Divine Service in the Church, without lawfull excuse, may be put in execution.

Lastly, that your Majesty would be pleased to order that the like courses may be taken in Ireland, for the establishing of true Reli­gion there.

To all these severall branches the King return'd August 7. an The Kings Answer. answer so plausible and satisfactory, as nothing could be desired more.

One good turn requires another, and as the King had given the Parliament ample content by this answer: so he hoped they would be as cheerfull in supplying him with moneys, for which he earnestly importuned them, and especially for his great Naval preparation. Whereupon ensued a great debate in the House, some were very prompt to give, some would give, but in convenient time, not then: Some would give, but they complained that the design was managed by Young and Single Councell, that Sir Robert Mansel a man of judgement and experience, had declared against the Plot, and had tendred the Councell of War a project of greater advantage and lesse expence, which was approved by the Lord of Chichester; To which the Solicitor replyed in the Dukes behalf, that the Councel of War, for the generality, much disliked the project of Sir Robert, and concluded upon what was then intended. But the greater part agreed not to give, and to make an humble Remonstrance, declaring the causes and reasons of their not giving. Most of the voters of this Remonstrance, flew high and impetuously prest in upon the Duke, some would devest him of his offices, the Admiralty especially; others of his Revenue, by resuming what he possest of the Crown demeanes, others de­manded an account of what publick monies he had been entrusted with. This being signify'd to the King, he soon prognosticated of what quality the Remonstrance would prove, therefore in distast he determined to dissolve the Parliament. The House of Commons were resolved into a Grand Committee, when the Usher came from the Lords house with that message, and before they would permit the Solicitor, then in the chair, to leave his seat, they agreed upon a Protestation, which Mr. Glanvile stood up and declared to this effect:

First, To give his Majesty thanks for his gratious answer to our Petition for Re­ligion.

[Page 16] Next, For his Care of our healths, in giving us leave to depart this dangerous time.

Lastly, A dutifull declaration of our af­fection, and loyalty, and purpose to supply his Majesty in a Parliamentary way, in a fitting and convenient time.

This being done the Speaker took the Chair, and admitting the The Parlia­ment dissolved. Usher he delivered his message from the Lords concerning the dissolution of the Parliament.

The dissolution of the Parliament gave the King an otium for his Summers pastime, and, that his own progresse might not impede That of his affairs, his Councel were his Synodites, and went along with him; by whose generall advice two things were most considerably resolved upon: First, that the Fleet should Treaty with the united Provinces. speedily put out to sea. Secondly, that a more straight amity should be entred into with with the States of the united Provinces: who re­sorting to the King in September by their Ambassadors, prayed his conjunction with them in a league Offensive and Defensive against their common enemies, the Emperor and King of Spain; and not only so, but that he would also assist them in soliciting other Princes to associate with them in a confederation of equall latitude. To which our King freely condescended (upon agree­ment that the States should bear a fourth part of the charge of the Fleet) and in pursuance thereof sent in October next the Duke of Buckingham and the Earl of Holland over to the Hague, both to confer with the Ambassadors of other Princes about it, and to put his disconsolate sister in some hopes of her restitution to the Palati­nate. But these two being arrived in Holland, found the Agents of France & Denmark not impowered to so large a concession, alleadg­ing that their Masters condition was indisposed to so ample a com­pliance; whereupon for the better satisfaction of, and accommo­dation to all parties, the League was concluded in these words, For the restoring the Liberties of Germany.

This negotiation having taken up somewhat more then a month, home returns the Duke and Earl, where they abode not long, before The ill suc­cesse of Gades Voyage. they were saluted with the current newes of the mis-fortune of Vi­count Wimbletons Fleet at Gades.

October the eight the Admiral put forth to Sea, and on the twelfth was encountred with so furious a storm, that in conflict and skirmish with it, all his long-boats and the Long-Robert of Ipswich, a Ship [Page 17] wherein were a hundred seventy five persons perished, and the rest were so dissipated and scattered, that for seven daies, fifty of the English Navy, being in all but eighty, were missing. Again, when they met together in the height of the Southern Cape, and had a desire to make some local onset, a Councell of war being cal'd to resolve where the accompt should be first made (their Commission leaving them at that liberty) the debate was so long, as in the interim their discovery alarum'd the next coast to a posture of defence. At length the Councell determined an assault upon the Ships in the Bay of Gades, a design much ur­ged by the Earl of Essex Vice-Admiral, who eagerly desired there to play over his game of honour again, double or quit with the Spaniards. But that Fleet lay in a harbour inaccessible, unlesse the Fort belonging to Puntal Castle could be cleared; therefore order was given, That twenty English and five Dutch Ships should advance for that service. But the slender reputation the Admi­ral had amongst the Mariners (as one ignorant in Sea affairs, and a deep disgust they took that he should be obtruded and thrust upon them in stead of Sir Robert Mansel, a gentleman peculiarly qualifyed for and long traded in Sea exploits, and who had an unquestionable right to the chief conduct of this enterprise up­on the Dukes default) so lessen'd the influence of the authority, that the five Dutch only attended their duty, not a man of the other twenty stirring: which caused the Admiral from ship to ship personally to re-inforce his command, untill with much adoe he obtained their advance and engagement against the Castle; which, contrary to expectation, entertained the shock with so sturdy a defiance, as neer two thousand great shot put it not to the detriment of one stone. Whereupon the Admiral conclu­ding it that way impregnable, decreed to try it by a Land­force; to which end Sir Iohn Burroughs (a Gentleman of emi­nent gallantry in Martiall feats) was sent with a Regiment of Foot to manage that design; He going upon the service, met with some Horse and Foot of the enemies intending to impede his march, but he welcomed them with such a storm of courage, that the Captain Governour of the Castle viewing the tergi­versation and flight of his party, began to dislike the situation of his strength, and hang out a white flag, whereupon a parly ensued, and a resignation upon that Parly. The Fort with fifteen barrels of Powder, and eight pieces of Ordinance being now ours, the ships were consequently in the generall expectation adjudged us: therefore instructions were issued out for the firing of them, and Sir Samuel Argall was appointed to be the incendiary. And in the interim the Field-men were directed to land for their re­creation, to take in fresh-water, to forrage the Country, and to keep the stronger guard: but no sooner were they on shore, [Page 18] then they discovered the cellars plentifully stock't with wine, whereof they caroused so liberally (every one being his own Vintner) in despite of more sober commands to the contrary, as put them upon the hazard of a dismall reckoning; for had the Spaniard known his advantage, he might have made a lamen­table butchery amongst them, being worse fitted for flight then resistance, and the more disabled from running who were not able to stand. The Admirall finding the souldiers thus in­sufferably disordered, and perceiving that to stay longer were bootlesse, resolved to put to Sea again, and the rather by rea­son the Plate-Fleet from the West-Indies was now expected every day. But first he sent to Sir Samuel Argal to know what exe­cution he had done, who returned answer, that their purpose was defeated by the enemies drawing up their best ships to Por▪ Royal, and sinking others in the Channel, thereby to obstruct the adve­nue. Matters succeeding thus ill, the Admirall re-imbarques all and hoysing up sayl plies for the Southward Cape, there inten­ding to wait twenty dayes for the Plate-Fleet, hoping to at­chieve something against it, which might be adaequate to, and make even with the generall expectation at home: but he was in no capacity to performe any thing considerable against an ene­my, unlesse by communication of his own calamity, for the conta­gion so reigned in his Navie, that there were not hail men enow to handle the sails; and to make the affliction more sociable, there being a hundred and fifty sick in the S. George, the Councel orde­red (an odde method of cure) that every ship should take to nurse a couple of the sick, and subsortitiously, by lot, to supply their places with as many sound. This course so propagated the infecti­on, that it soon swept thousands over-board. This calamity took away the Admirals stomach to the Plate-fleet (which passed by within four dayes after) and enforced him to ply home with all the speed he could; but his motion was so retarded, that the newe [...] of his miscarriage much outwent him, and while every man stood gaping after the issue of the expedition, fame flew into his mouth and fill'd it with the report of what a bad market of reputation the English came to.

Severall were the Descants of such as pretended to judicious Descants upon it. censure, as fancy or affection swayed the ballance; some blamed the Parliament for not supplying the Kings necessities, whereby the Fleet put forth too late, October being alwayes accounted with us a month formidable to Navigation, in regard of the usuall tempestuousnesse of the season, known under the notion of Micha elmas flaw. Some reflected sinisterly upon the Duke, saying, It never either was, or will be well with England, while the Sea is under the command of an Admirall so young, and withall so inexperienced. Others also made deductions from this miscarriage in reference to [Page 19] the King, that because commencements do often forspeak the qua­lification of future contingencies in the series and row of succeeding affairs, they much feared this was but the earnest of some inauspi­clousnesse which would attend the residue of his reign. Nor a­mongst the rest was Captain Brets conjecture vain, who-told the Duke, That the Fleet was never like to speed better, wherein there went along, Bag without money, Cook without meat, and Love with­out charity; so were the three Captains named; and a great default there was, doubtlesse, of sufficient pay, of holesome meat, and una­nimity.

The result of this undertaking (for action I cannot call it) affor­ding no better income of honour to us, I have abbreviated to as nar­row a scantling as I could; for Iournals must not intrude into Hi­story, but where every day exhibiteth something remarkable, whose concealment may seem injurious to the narrative, or fraudulent to the merit of the exploit.

The Michaelmas Term was, by reason of the infection at Lon­don, Term adjour­ned to Red­ding. translated to Redding, from whence the King, according to his late answer in Parliament, issued out in November, a Commis­sion to the Judges to see the Lawes against Recusants put in exe­cution.

November the eleventh, his Majesty minding what he promised Proclamation against Recu­sants. at Oxford, ordered a Commission to be sent out under the Great Seal, for putting in execution Lawes enacted against Recusants. This Commission was read [...]in all the Courts of Judicature at Redding, and withall a Letter was directed to the Archbishop of Canterbury, enjoyning him to take special care within his Province for the discovery of Iesuites, Seminary Priests and other Recusants, offenders against the Lawes. It was in truth high time for severe proceedings against them, they having contracted so much inso­lence, presuming protection by reason of the late match, that at The Papists insolent. Winchester, and many other places, they frequently passed through the Churches in time of Divine Service, houting and ho-lo-ing, not only to the disturbance of that duty, but scorn of our Religion; yea and one Popish Lord when the King was at Chappell, was heard to prate on purpose lowder in a Gallery adjoyning, then the Chaplain prayed, whereat the King was so moved, that he sent this message to him, Either let him come and doe as we doe, or else I will make him prate fur­ther off.

In the beginning of the next year mighty preparation was made both here and in Scotland, for the re-inforcing of Navall strength. Nor was the Land-Militia left unregarded, but because the Country Captains of the Train-bands were (for the generality) very unskilfull and rude in the use of their Armes, an [Page 20] hundred and fifty Veteran Souldiers were sent for out of the Low-countries to drill and discipline them.

The malignancy of the air, having lain under the correction of a ripping and frosty winter, began to contract a more salu­brious temper, whereby the plague decreasing, the King secure of safety, began to meditate magnificence, and matters of pub­lick concernment. And the first thing resolved upon was, his solemn initiation into Regality, and setting the Crown upon his head: a thing practised by the wisest Monarchs, as wherein they cannot be idle to better purpose. For though it conferreth no one dram of solid and reall grandure to the throne; yet ceremoniated, as it is, with such formalities, it representeth it self a serious vanity. For as the King enters recognizance and stipulateth with the people to govern according to Law, so they unanimously acclaim him their King, all sutable to the ancient mode of conveying Sove­raignty.

The day appointed for this ceremony was Feb. the 2d. The King, whether more provident for his person (which so great a The King Crowned. concourse might endanger) or purse, uncertain, rode not to West­minster through the City after the ancient fashion, but went private­ly by water: this design was a frugall one, and saved him sixty thousand pound which should otherwise have been disbursed in Scarlet for his train; and little was the day lesse glorious for the No-rubrique of solemnity, considering it wanted it not in the Ca­lendar. Two things were of singular remarque in the order of this celebrity. First, that whereas it did peculiarly belong, ex of­ficio, to the Dean of Westminster, to powre the sacred oyle upon the Kings head, Dr. Williams that Dean, and Bishop of Lincoln, was put by, and Dr. Laud, Bishop of Bath and Wells, ordered to officiate in his stead. Secondly, That some words in a Prayer, which had been omitted ever since Henry the 6. his time, were re­sumed and used to this effect; Let him obtain favour for this people like Aaron in the Tabernacle, Elisha in the waters, Zacha­rias Obtineat grati­am huic Popu­lo sicut Aaron in Tabernaculo, Elizeus in flu­vio, Zacharias in Templo. Sit Petrus in clave, Paulus in dog­mate. in the Temple, give him Peters key of Discipline, Pauls Do­ctrine. Other variation then this, there was none; nor was this variation the solitary act of Laud alone, but of a Committee: this I positively assert, as minding the reformation of a vulgar error thrown abroad in loose pamphlets, that Bishop Laud altered the Coronation Oath; whereas the Oath itself was precisely the same with former precedents.

The Coronation being past, the King prepareth for a Parlia­ment now approaching. The last was somewhat (he thought) A Parliament called. uncivil towards the Duke, and the (so thought) Delinquents must be made examples; upon this account the Lord Keeper Willi­ams Williams L. Keeper dis­placed. fell, and his place was disposed of to Sir Thomas Coventry: his mischief was not great, his cancellier, his fall being only from [Page 21] The first lost; for though he parted from the Great Seal, he kept the Lawn Sleeves; and though he left the Purse behinde him, he went away with the Money: having feathered his nest pret­ty well, and apprehending his condition to be some what tottering, he made all the means he could to re-ingratiate himself with the Duke, but nothing could prevail, nor would the Duke be exo­rated, no not by the intercession of the Countesse his Mother, who loved the Bishop (if same belies her not) better then was fit; but it was not enough to pluck his feathers, unlesse his nailes were pared also. For being a Bishop, and consequently a Mem­ber of the House of Peers, he was still able to appear an emi­nent opposer of the Dukes, and to do him some considerable mischief, therefore the best expedient for the Dukes security, was to interdict him with the Earls of Somerset, Middlesex, Bristow, (all of an inclination, though not all of a plume) the Parliament House.

On the 6 of this February the Parliament met, the Commons be­gan The Parlia­ment meet. their work where they last broke off at Oxford, making Reli­gion their first, which was their superlative care, and recollecting what a full and satisfactory answer the King gave to their Petition against Recusants, and his Commission issued out in pursuance of that answer, appointed a Committee for Religion, impow'ring them strictly to examine what abuses of his Majesties Grace had occurr'd since that time, who were the authors and abetters of those abuses.

Mean while the Lords had formed an addresse to the King concerning a grievance to their own Order, represented A Petition from the Lords. thus:

To the Kings most Excellent Majesty.

In all humility,

SHeweth unto your most Excellent Majesty your ever loyall subjects the Lords Spiritual and Temporal now in Parliament assembled;

That, whereas the Peers and Nobility of this your Kingdom of England have heretofore in civility yeelded, as to strangers, precedency according to their several de­grees unto such Nobles of Scotland and Ireland, as being in titles above them, have resorted hither.

Now divers of the naturall-born subjects of this Kingdome, resident here with their Families, and ha­ving [Page 22] their chief Estates among us; do by reason of some late created dignities, in those Kingdomes of Scot­land and Ireland, claim precedency of the Peers of this Realm, which tends both to the dis-service of your Majesty and these Realms, and to the great dispa­ragement of the English Nobility, as by these reasons may appear.

1. It is a novelty without precedent, that men should inherit honours where they possesse nothing else.

2. It is injurious to those Countries from whence their Titles are derived, that any should have Vote in Parlia­ment, where they have not a foot of land.

3. It is a grievance to the Country where they inha­bit, that men possessing very large fortunes and Estates, should by reason of forain titles, be exempted from those services of trust and charge, which through their default, become greater pressures upon others who bear the burthen.

4. It is a shame to Nobility, that persons dignified with the Titles of Barons, Vicounts, &c. should be ob­noxious and exposed to arrest, they being in the view of the Law no more then meer Plebeians.

We therefore humbly beseech your Majesty, that you will be pleased, according to the example of the best Princes, and Times, upon consideration of these inconveniences re­presented to your Majesty by the nearest body of Honour to your Majesty, that some course may be taken, and an Order timely setled therein by your Princely wisdome, so as the inconvenience to your Majesty may be prevented, and the prejudice and disparagement of the Peers and Nobility of this Kingdome may be redressed.

Soon after the presenting of this Petition (to which the King reply'd, He would take order therein) the Earl of Arundel was com­mitted The Earl of Arundel confi­ned. to the Tower. The cause was a marriage consummate be­tween his son the Lord Maltravers, and the eldest daughter of the late Duke of Lenox, whom the King (being Guardian to them both) had so far designed to, as he had concluded the match [Page 23] with the Earl of Argiles Heir, the Lord of Lorn, (who was brought up in England in the Protestant Religion) meditating thereby a reconciliation of those two families, who had for many years been at deadly feud. The Earl asked his Majesties pardon, protesting himself no way privie to the plot, and that it was acted between the Dutchesse of Lenox and his own Countesse in a clan­destine way.

But this commitment of the Earl presently moved the house of Peers to exhibit another Petition, representing therein to the King that it is their undoubted right [That no Peer, sitting in Parlia­ment, is to be imprisoned without order from the House of Peers, unlesse it be for Treason, Felony, or refusing to give security for the Peace.] They had the more reason to urge their priviledge at this time, because the Earl had deputed to him six Proxies, which would be of no validity during his restraint. Upon this Petition a great debate arose between the King and Lords about the Privi­ledge of their House, which lasted from March 14. untill Iune the 8.

During these things the House of Commons acted little, being in expectation of some discovery from their Committee, from whom Mr. Pim at length made a report of a letter written to the Lord Mayor of York, for reprieving some Iesuites, Priests, and other Recusants. This Letter being under the Signet, a Sub-Committee was ordered to search the Signet Office, and compare it with the Originall.

These proceedings inwardly much displeased the King, The King de­mands supply. yet he smothered the indignity for a time, though he after inventory'd it to them amongst his other regrets. And plying his more important affairs with a most stedy temper, he sent a message to them by Sir Richard Weston to this effect.

That his Fleet is returned, and their victuals spent, the men must of necessity be discharged and their wages paid them, or else mutiny will follow, which may be of dange­rous consequence.

That he hath in readinesse about forty ships to be set forth upon a second service, which want a present supply of moneys.

That the Armies quartered on the coasts, want victuals and cloathes, and they will disband if not furnished.

The Companies of Ireland lately sent, must spee­dily [Page 24] be provided for, else they may be subject to rebell.

Lastly, the season for providing healthfull victuall will be past, if this moneth of March be suffered negli­gently to elapse.

And therefore he desired to know, without more adoe, what present supply he must depend upon from them, that accordingly he might shape his course.

In stead of a supply to his message Mr. Clement Coke (son to Mr. Coke and Dr. Turner their bold Speech. Sir Edward Coke) a Member of the House of Commons, let fly this reply. It is better to dye by a forein enemie, then to be destroyed at home. And as if the Prerogative had not been sufficiently alarum'd by that expression, one Turner a Doctor of Physick, reassaults it in these six Queries.

  • 1. Whether the King hath not lost the Regality of the narrow Seas, since the Duke became Admiral?
  • 2. Whether his not going as Admiral in this last Fleet, was not the cause of the ill successe?
  • 3. Whether the Kings revenue hath not been impaired through his immense liberality?
  • 4. Whether he hath not ingrossed all Offices, and preferred his kindred to unfit places?
  • 5. Whether he hath not made sale of places of Iudicature?
  • 6. Whether Recusants have not dependence upon his Mother and Father-in-law?

This was uncouth language to a Princes ears, but who can ex­pect that in so vast a body, and masse of men, all parcels should The King re­quires satisfa­ction, take salt alike, and that no part should have rancidity in it? And perhaps this clamor and noise might be the rudenesse of some few new admitted into that great School of wisdome, the greater part continuing (it's possible) sincere, and loyal; therefore the King sends Sir Richard Weston to them requiring satisfaction. But the House was slower in the work, then was agreeable to his Majesties minde, so intent upon some severe proceedings against them: upon this he called the Lords and them together, and by the Lord Keeper, his proper Speaker, thus conveyes his displea­sure to them. By the Lord Keeper.

My Lords and you the Knights, Citizens and Burgesses of the House of Commons, His Majesties His Speech. command hath summoned you hither, and the same command hath put me upon the service of [Page 25] signifying his will to you. His will was that both Ann. Christi 1626. Houses should be called together; you, my Lords, as witnesses of the justice of his resolutions, and of this addresse to the House of Commons.

His Majesty would have you know, there ne­ver was King who better loved his people, or was more sincerely affected towards the right use of Parliaments, or more ready to redresse what shall be represented unto him in the quality of grie­vance, provided it be in a regular and decent way, then Himself: but he would also have you know, that, as he loves his People, so he regards his Ho­nour; and if he be sensible of his Subjects grievan­ces, of his own he is much more, especially when they flow from offences of such a nature, as not only blast his reputation, but impede the pro­gresse of his weighty affairs. To come to par­ticulars.

His Majesty saith, that, whereas Mr. Coke spake very seditious words in your house, he was so far from being questioned or censured for them by you, as Doctor Turner (animated with the same spirit) made them his introduction to certain Ar­ticles of inquiry of as unsavoury a condition, pre­tended against the Duke, but in truth libelling his Majesties Government. And though his Majesty did not only by Sir Richard Weston, but in his own person declare his just displeasure, and de­manded justice against those exorbitants, yet have you not only halted in your obedience to him, but have followed the very steps of Doctor Tur­ner, and upon false-bottom'd suggestions ende­voured to distain his Own and Fathers ho­nour.

He also complaineth that you have taken upon you to search his Signet Office, and to examine [Page 26] the Letters of his Secretary of State, leaving him nothing free from their discovery: a thing not formerly practised.

As concerning the Duke, whom you seem to persecute with such asperity of disgust, I am also commanded to tell you, that his Majesty knowes (none better) he acted nothing of publique im­ployment, without his speciall Warrant; that he hath discharged his trust with abundant both care and fidelity; that he merited that trust both from his now Majesty and his late Father, by his per­sonal hazard both at home and abroad; And that since his return from Spain, he hath been sedu­lous in promoving the service and contentment of your House. It is therefore his expresse com­mand, that you absolutely desist from such un­parliamentary disquisitions, and resign the refor­mation of what is amisse to his Majesties care, wis­dome, and justice.

I am also to speak about the businesse of supply; you have been made acquainted with the posture of his Majesties affairs both forain and domestique, and with his necessitous condition; the charge of all martial preparations, both by sea and land, hath been calculated to you, and you promised a sup­ply both speedy and sutable to his occasions; but his Majesty complaineth, that as yet, you have performed neither, failing both in the measure and in the manner. In the measure, by granting only three subsidies, and three fifteens, a pro­portion vastly short of what is requisite. In the manner, being both dilatory and dishonou­rable to the King, as arguing a distrust of him; for you have ordered the Bill not to be brought in­to the House untill your grievances be both heard and answered: which is such a tacite [Page 27] condition, as his Majesty will not admit of.

Therefore his Majesty commands you to take it into your speedy consideration, and to return your final answer by Saturday next, what further ad­dition you will make; and if your supplies com­mensurate and equal the demands of the cause, he promiseth to continue this Session to your just content, else he must and will entertain thoughts of your dismission.

Lastly, I am commanded to tell you, that his Majesty doth not charge these distempers upon the hole body, and assembly of the House; but as he is confident the greater number are persons of a more quiet dispose, so he hopeth their influence, and this his Majesties admonition will prevent the like for the time to come.

The Lord Keeper having ended, the King said,

I must withall put you in minde of The Kings Speech. times past; you may remember my Father mo­ved by your counsel, and won by your per­swasions brake the Treaties; in these perswasi­ons I was your instrument towards him, and I was glad to be instrumental in any thing which might please the whole body of the Realm: nor was there any then in greater favour with you then this man, whom you now so traduce. And now when you finde me so sure intangled in war, as I have no honourable and safe re­treat, you make my necessity your privilege, and set what rate you please upon your supplies: a practise not very obliging towards Kings. [Page 28] Mr. Coke told you, it was better to dye by a forain enemy, then to be destroyed at home. Indeed I think it is more honourable for a King to be invaded and almost destroy­ed by a forain enemy, then to be despised at home.

The Commons nothing mortified with these tart and vinacre ex­pressions, kept close to their proper stations, and by way of Remon­strance reply'd,

That with extreme joy and comfort they acknow­ledge The Com­mons Reply. the favour of his Majesty's most gracious ex­pressions of affection to his people, and this present Parliament.

That concerning Mr. Coke, true it is, he let fall some few words which might admit an ill constructi­on, and that the House was displeased therewith, as they declared by a general check; and though Mr. Coke's explanation of his minde more clearly, did somewhat abate the offence of the House, yet were they resolved to take it into further consideration, and so have done, the effect whereof had appeared ere this, had they not been interrupted by this his Majesties: message and the like interruption befel them also in the businesse of Do­ctor Turner.

As concerning the examination of the Letters of his Secretary of State, as also of his Majesty's own, and searching the Signet Office and other Records; they had done nothing therein, not warranted by the pre­cedents of former Parliaments upon the like occasions.

That concerning the Duke, they did humbly be­seech his Majesty to be informed, that it hath been the constant and undoubted usage of Parliaments, to question and complain of any person of what degree soever; and what they should do in relation to him, [Page 29] they little doubted but it should redound to the ho­nour of the Crown, and safety of the Kingdome.

Lastly, As to the matter of supply; That if ad­dition may be made of other things importing his ser­vice then in consultation amongst them, they were re­solved so to supply him, as might evidence the truth of their intentions, might make him safe at home, and formidable abroad.

To the Remonstrance the King answered briefly, That he would have them in the first place consult about matters of the grea­test importance, and that they should have time enough for other things afterwards.

But the Parliament accounted nothing of so great importance as a legall proceeding against the Duke: in order to which all incouragement is given by both Houses, to any who would in­form against him. Upon this the Earl of Bristow, being seclu­ded by the Kings command from the House of Peers, petitioned that House, that he might be admitted to prefer an accusation against the Duke. This request, as most equitable, the Lords readily granted, and Bristowes design coming to the Dukes ear, he plots amain (and high time) to encounter him. Many good men were passing jocund at the contest; between men at odds there never seemed an evener match; Bristow had, it's true, the better head, (yet some thought it was ill set on) but the Duke the better back; nor seemed the question in the sense of many, which was the Traitor, but which the most. And first the Duke (with a boldnesse becoming the clearest innocence) begins the on­set, by whose perswasion the King commands the Atturny Ge­neral to summon the Earl to the Lords Bar as a Delinquent, May the 1. Bristow appearing, the Atturney told the Peers, that he came thither to accuse the Earl of High Treason: with that the Earl, My Lords I am a Freeman and a Peer of the Realm unat­tainted, I have somewhat to say of high consequence for his Ma­jesties service, I beseech your Lordships give me leave to speak. The Lords bidding him go on, then said he, I accuse that man, the Duke of Buckingham, of High Treason, and will prove it. The The Earl of Bristow accu­seth the D. Articles of his charge were as followeth:

1. That the Duke did secretly conspire with the Conde of Gondamar Ambassador of Spain before the said Ambassadors last return into Spain, 1622. to carry his Majesty then Prince into Spain, to the [Page 30] end he might be enforced, and instanced in the Romish Religion, and thereby have perverted the Prince, and subverted the true Religion establish­ed in England.

2. That Mr. Porter was made acquainted there­with, and sent into Spain, and such message fra­med at his return as might serve for a ground to set on foot the conspiracy: which was donw ac­cordingly, and thereby both King and Prince highly abused.

3. The Duke at his arrival in Spain, nourish­ed the Spanish Ministers not only in the belief of his own being Popishly given, by absenting him­self from all exercises of our Religion (then con­stantly used in the Earl of Bristow's house) and conforming himself to please the Spaniard by kneeling to, and adoring their Sacraments, but gave them hope also of the Princes conversion; which caused them to propound worse conditions for Religion, then had been formerly setled and signed by the Earl of Bristow and Sir Walter Aston.

4. That the Duke did many times in the pre­sence of the Earl of Bristow, move his Majesty at the instance of the Conde of Gondamar, to write a Letter to the Pope, which the Earl utterly disswa­ded; and that although during the Earls abode in England he hindred the writing any such letter, yet the Duke after the Earls return procured it wrot.

5. That the Pope being informed of the Dukes inclination in point of Religion, sent him a parti­cular Bull in Parchment, therein perswading him to pervert his Majesty.

6. That the Duke in Spain did abuse the King of Spain and his Ministers so, as they would not [Page 31] admit of a Reconciliation with him; whereupon seeing the match would be to his disadvantage, he endevoured to break it, not for any service to this Kingdome, nor dislike of it in it self, nor for that he found, (as since he hath pretended) that the Spaniard did not really intend it, but out of his particular end and indignation.

7. That he intending to crosse the match, made use of Letters of his Majesty then private to his own ends, and not to what they were intended, as also concealed many things of great importance from his late Majesty, thereby overthrowing his Majesties purposes, and advancing his own ends.

8. That, for the foresaid ends, he hath abused both Houses of Parliament by a sinister relation of the carriage of affairs, as shall be made appear in every particular of that relation.

9. That he imployed his power with the King of Spain for the procurement of favours and Offi­ces, which he bestowed upon unworthy persons, for the recompence and hire of his lust: which is a great infamy and dishonour to our Nation; that a Duke, a privie Counsellor and Ambassador, emi­nent in his Majesties favour, and solely intrusted with the person of the Prince, should leave behind him in a forein Court, so much scandall by his ill behaviour.

10. That he hath been a great part the cause of the ruin of the Prince Palatine, and his estate; in so much as those affairs concern this King­dome.

11. That he hath in his relation to both Houses of Parliament, wronged the Earl of Bristow in his honour, by many sinister aspersions.

12. Lastly, that the Earl of Bristow did reveal to his late Majesty, both by word and letter, in what [Page 32] sort the Duke had mis-demeaned himself, and abu­sed his trust: and the King by severall waies sent him word he should rest assured that he would hear the said Earl in due time; and that four daies before his sicknesse, he signified to the Earl, that he would hear him against the Duke as well as he had heard the Duke against him. And not long after the King died, having been much vexed and pressed with the said Duke.

When the Earl had ended his Charge, up starts no upstart Lord Spencer. Lord, (the more the pity) and unbeseeming his noble extraction, and ancient fame, Is this all (said he) you have to say against the Duke? The Earl replyed, Yes my Lord, and I am sorry it is so much. Then, quoth the Lord Spencer, if this be all, Ridiculus Mus! and so sate down again. Upon this a crotchet took the Lord Cromwell in the crown, and out he goes to Mr. Richard Spencer a younger son of the Lord, and a great zelot in the lower House against the Duke: Dick, said he, what is done in your House to day against the Duke? My Lord (said he) he is charged with no lesse then High Treason. Tush Dick, quoth the Lord, High Treason! if this be all, Ridiculus Mus!

Shortly after, the Commons having digested their Impeachment The Com­mons im­peachment against the Duke. against this great man into thirteen heads, on the eighth of the same moneth presented it to the Lords. This weighty cause was managed by six Gentlemen, Mr. Glanvel, Mr. Herbert, Mr. Selden, Mr. Pim, Mr. Wansford, Mr. Sherland, to whom was added Sir Dudley Diggs, as Foreman and Prolocutor, and Sir Iohn Elliot to bring up the rear.

Sir Dudly Diggs his Prologue, for the extraordinary elegancy of the frame, and concinnesse of his metaphors, I shall crave leave to insert, as it was delivered to the Lords, before the Gentlemen of the house of Commons did present the thirteen grievances, ex­presly this.

My Lords,

There are so many things of great importance to be said in very little time this day, that I conceive it will not be unacceptable to your Lordships, if (setting by all Rhetoricall affectations) I only in plain countrey language, humbly pray your Lord­ships favour to include many excuses, necessary to [Page 33] my manifold infirmities, in this one word, I am COMMANDED by the Knights, Citizens and Bur­gesses of the Commons House, to present unto your Lordships their most affectionate thanks for your ready condescending to this conference, which out of confidence in your great wisdomes, and appro­ved Justice for the service of his Majesty, and the welfare of this Realm they desired upon this oc­casion.

The House of Commons, by a fatall and universal concurrence of complaints from all the sea-borde­ring parts of this Kingdome, did finde a great and grievous interruption and stop of Trade and Traf­fique. The base Pirats of Sally ignominiously infesting our coasts, taking our ships and goods, and leading away the subjects of this Kingdome into barbarous captivity; while, to our shame, and hinderance of commerce, our enemies did (as it were) besiege our Ports, and block up our best Rivers mouthes; our Friends on slight pretences made embargoes of our Merchants goods, and eve­ry nation upon the least occasion was ready to contemn and slight us: So great was the apparent diminution of the ancient honour of this Crown, and once strong reputation of our Nation. Where­with the Commons were more troubled, calling to remembrance how, formerly in France, in Spain, in Holland, and every where by sea and land, the valours of this Kingdome had been better valued, and even in later times within remembrance, when we had no alliance with France, none in Denmark, none in Germany: no Friend in Italy; Scotland, to say no more, ununited; Ireland not setled in peace, and much lesse security at home; when Spain as was ambitious at it is now, under a King (Philip the second) they call'd their wisest, the [Page 34] house of Austria as great and potent, and both strengthened with a malicious league in France, of persons ill-affected, when the Low-countreys had no being; yet by constant counsels and old Eng­lish waies, even then that Spanish pride was cool'd, that greatnesse of the house of Austria, so formidable to us now, was well resisted, and to the united Provinces of the Low-countreys, such a beginning, growth, and strength was given, as gave us ho­nour over all the Christian world. The Commons therefore wondring at the evils which they suffered, debating of the causes of them, found they were many, drawn like one Line to one Circumference of decay of Trade, and strength of Honour, and of Reputation in this Kingdome; which, as in one centre, met in one great man, the cause of all, whom I am here to name, the Duke of Buckingham.

Here Sir Dudly Diggs made a stand, as wondring to see the Duke present. Yet he took the Roll, and read the Preamble to the Charge, with the Dukes long Titles: and then went on.

My Lords,

This lofty Title of this mighty Man, me thinks, doth raise my spirits to speak with a Paulo ma­jora canamus; and let it not displease your Lordships, if, for foundation, I compare the beautiful structure and fair composition of this Monarchy, wherein we live, to the great work of God, the World it self; in which the solid body of incorporated Earth and Sea, as I conceive, in regard of our husbandry, ma­nufactures and commerce by Land and Sea, may well resemble us the Commons. And, as it is en­compassed with Air, and Fire, and Spheres celestial, of Planets, and a Firmament of fixed Sarres; all which receive their heat, light, and life from one great glorious Sun, even like the King our So­veraign: So that Firmament of fixed Stars I take to [Page 35] be your Lordships; Those Planets, the great Officers of the Kingdome; That pure element of Fire, the most religious, zealous, and pious Clergy; And the reverend Iudges, Magistrates, and Ministers of Law, and Justice, the Air wherein we breath. All which encompasse round with cherishing comfort this Body of the Commons, who truly labour for them all, and though they be the footstool and the lowest, yet may well be said to be the setled centre of the State.

Now (my good Lords) if that glorious Sun by his powerfull beams of grace and favour shall draw from the bowels of this Earth, an Exhalation that shall take fire, and burn and shine out like a Star, it needs not be marvelled at, if the poor Commons gaze and wonder at the Comet, and when they feel the effects, impute all to the corruptible mat­ter of it. But if such an imperfect mixture ap­pear, like that in the last age, in the Chair of Cassiopea among the fixed Starres themselves, where Aristotle, and the old Philosophers conceived there was no place for such corruption; then, as the learned Mathematicians were troubled to observe the irregular motions, the prodigious magnitude, and the ominous Prognosticks of that Meteor: so the Commons when they see such a Blazing-star in course so exorbitant, in the affairs of this Com­mon-wealth, cannot but look up upon it, and for want of Perspectives commend the nearer exami­nation to your Lordships, who may behold it at a better distance. Such a prodigious Comet the Com­mons take this Duke of Buckingham to be, against whom and his irregular waies there are by learned Gentlemen; legall Articles of Charge to be delive­red to your Lordships, which I am generally first commanded to lay open.

[Page 36] First, the Offices of this Kingdome, that are the eyes, the eares, and the hands of this Common­wealth, these have been engrossed, bought and sold, and many of the greatest of them, holden even in this Dukes own hands, which severally gave in former ages sufficient content to greatest Favou­rites, and were work enough for the wisest Coun­sellors: by means whereof, what strange abuses, what infinite neglects have followed? The Seas have been unguarded, Trade disturbed, Merchants oppressed, their Ships, and even one of the Royal-Navie, by cunning practise delivered over into fo­rain hands, and contrary to our good Kings inten­tion imployed to the prejudice (almost to the ruine) of friends of our own Religion.

Next, Honors (those most precious jewels of the Crown) a treasure inestimable, wherewith your noble Ancestors (my Lords) were well rewarded for eminent and publique service in the Common­wealth at home, for brave exploits abroad; when covered all with dust and bloud, they sweat in ser­vice for the honour of this Crown. What Back­waies, what By-waies have been by this Duke found out, is too well known to your Lordships; whereas anciently it was the honour of England, (as among the Romans) the way to the Temple of Honor was through the Temple of Virtue. But I am comman­ded to presse this no further then to let your Lordships know, one instance may perhaps be given of some one Lord compelled to purchase Honor.

Thirdly, as divers of the Duke's poor kindred have been raised to great Honors, which have been and are likely to be more chargeable and burthen­some to the Crown; so the Lands and Revenues, and the Treasuries of his Majesty have been intercepted [Page 37] and exhausted by this Duke and his friends, and strangely mis-imployed with strange confusion of the Accompts, and overthrow of the well esta­blished ancient orders of his Majesties Exche­quer.

The last of the Charges which are prepared, will be an injury offered to the person of the late King of blessed memory, who is with God; of which (as your Lordships may have heard here­tofore) you shal anon have farther information. Now upon this occasion, I am commanded by the Commons to take care of the Honor of the King our Soveraign that lives, (long may he live to our comfort, and the good of the Christian world) and also of his blessed Father, who is dead; on whom to the grief of the Commons, and their great distast, the Lord Duke did, they conceive, unwor­thily cast some ill ordure of his own foul waies. Whereas servants vvere anciently wont to bear (as in truth they ought) their Masters faults, and not cast their own on them undeservedly. It is well known the King, who is with God, had the same power, and the same wisdome before he knew this Duke, yea and the same affections too, through which (as a good and gracious Master) he advanced and raised some stars of your Lordships Firmament, in whose hands this exorbitancy of will, this tran­scendency of power, such placing and displacing of Officers, such irregular running into all by-courses of the Planets, such sole and single managing of the great affairs of State, was never heard of. And therefore only to the Lord Duke and his procure­ment by mis-informations these faults complained of by the Commons are to be imputed. And for our most gracious Soveraign that lives, whose name hath been used, and may perhaps now be, for the [Page 38] Dukes justification. The Commons know well, that among his Majesties most royall vertues, his piety unto his Father hath made him a pious nourisher of his affections ever to this Lord Duke, on whom, out of that consideration, his Majesty hath wrought a kinde of wonder, making Favour hereditary. But the abuse thereof must be the Lord Dukes own. And if there have been any Commands, such as were or may be pretended, his mis-informations have procured them; vvhereas the Lawes of Eng­land teach us, that Kings cannot command ill or unlawful things when ever they speak, though by their Letters Patents or their Seals; if the thing be evill, these Letters Patents are void, and whatsoever ill event succeeds, the executioners of such com­mands must ever answer for them.

Thus my Lords, in performance of my duty, my weaknesse hath been troublesome unto your Lord­ships. It is novv high time humbly to intreat your pardon, and give vvay to a learned Gentleman to begin a more particular Charge.

Sir Dudly Diggs having ended his Prologue, the Impeachment it self of the Commons was read, summarily as followeth.

The Commons Impeachment and Declaration against the Duke of Buckingham.

FOr the speedy redresse of the great evils and mischiefs, and of the chief causes of those evils and mischiefs, vvhich this Kingdom of England novv grievously suffereth, and of late years hath suffered, and to the honour and safety of our Soveraign Lord the King, and of his Crown and dignities, and to the good and vvelfare of his people; the Commons in this present Parliament, by the autho­rity of our said Soveraign Lord the King assembled, [Page 39] do by this their Bill shevv, and declare against George, Duke, Marquesse, and Earl of Buckingham, Earl of Coventry, Viscount Villers, Baron of Whad­don; great Admirall of the Kingdomes of England and Ireland, and of the principality of Wales, and of the Dominions and Ilands of the same, of the town of Calais, and of the Marches of the same, and of Normandy, Gascoigne, and Guyen; Generall Gover­nor of the Seas and Ships of the said Kingdomes; Lieutenant General, Admiral, Captain General and Governor of his Majesties Royal Fleet and Army, lately set forth; Master of the Horses of our Sove­raign Lord the King; Lord Warden, Chancellor and Admiral of the Cinque-ports, and of the Members thereof; Constable of Dover Castle; Iustice in Eyre of all Forrests and Chaces on this side of the River of Trent; Constable of the Castle of Windsor; Lieu­tenant of Middlesex and Buckingham-shire; Steward and Bailiffe of Westminster; Gentleman of his Maje­sties Bed-chamber, and one of his Majesties hono­rable Privie Councel in his Realms both of England Scotland, and Ireland, and Knight of the most noble order of the Garter.

The misdemeanors, misprisions, offences, crimes, and othermatters comprised in the Articles hereaf­ter following: And him the said Duke do accuse, impeach of the said misdemeanors, misprisions, of­fences, and crimes.

First, That he the said Duke, being young and The Articles. 1. His engros­sing great Offices. unexperienced, hath of late years with exorbitant ambition, and for his own advantage procured and engrossed into his own hands, several great Offi­ces both to the danger of the State, and prejudice of that service which would have been performed in them, and to the discouragement of others, who are thereby precluded from such hopes as their [Page 40] virtues, abilities, and publique imployments might otherwise have obtained.

2. That in the sixteenth year of the reign of the late King, he did give and pay to the then By buying the place of Admiralty. Earl of Nottingham, for the Office of Great Admi­rall of England and Ireland, and of the Principa­lity of Wales, and General Governor of the Seas, and Ships of the said Kingdomes, and for the sur­rendor of the said Offices, to the intent the said Duke might obtain them to his own use, the sum of three thousand pounds, and did also procure for the said surrendor from the late King, an an­nuity of One thousand pounds per annum, payable to the said Earl, for which considerations the said Earl surrendred the said Office with his Letters Pa­tents, unto the late King, who granted them to the said Duke for his life: which is an Offence con­trary to the lawes and statutes of this Realm, those Offices so highly concerning the administration and execution of Justice.

3. That he the said Duke, in the 22. year of the And Lord Warden of the Cinque Ports: late King, did give and pay unto Edward Lord Zouch, for the Offices of Lord Warden of the Cinque Ports and of Constable of Dover Castle, the sum of One thousand pounds, and granted also an annuity of five hundred pounds per annum during his life, and that for the consideration aforesaid, the said Lord Zouch did surrender his Offices and Letters Patents, to the late King, who granted them to the said Duke for his life: which Offices (so high­ly concerning the administration of Justice) the Duke hath ever since held against the Lawes of the land.

4. That he hath neglected the just execution of Not guarding the Seas. those his Offices, and violated the trust reposed in, and committed to him by them; in so much, as [Page 41] through his neglect the trade of this Kingdome hath been of late much decayed, and the seas ig­nominiously infested with Pirats and enemies, to the great losse of both Ships and goods, and immi­nent danger of this Kingdome.

That, whereas about Michaelmas last, a Ship called Stay of the S. Peter of New-Haven. the St. Peter of New Haven, laden with divers Mer­chandizes, Jewels, and commodities to the value of Forty thousand pounds, or thereabout, for the properaccount of Monsieur de Villowes then Gover­nor of New-haven, was taken by the Ships of his Majesties late Fleet, and brought into the Port of Plymouth, as a prize, upon probability that the said Ship or Goods belonged to the subjects of the King of Spain; whereupon there was an arrest of two English Ships at New-haven in the Kingdome of France: after which, intimation was given to the Advocate in the chief Court of Admiralty from his Majesty by secretary Coke, for the freeing and dis­charge of the said ship, and goods, and thereupon by Commission under seal the said ship and goods were released. The said Duke notwithstanding any such Order, and Decree, detained still to his own use, the Gold, Silver, Pearl, Jewels, and other commodities so taken out of the said ship, and un­justly caused the said ship to be arrested again, in contempt of the lawes of this land, and to the pre­judice of Trade.

6. That the East-India Merchants in the 21 of And of the East-India Fleet. the late Kings reign, preparing to set forth Four great ships richly laden in their usuall course of Trade, the Duke moved the Lords then assembled in Parliament to know whether he should make stay of those ships for the service of the State: which motion being approved by the Lords, the Duke accordingly did stay those ships; and after [Page 42] procured a joynt Action to be entred in the Court of Admiralty in the name of the late King, and himself, as Lord Admirall, against Fifteen thou­sand pounds pretended to be Piratically taken by some Captains of the said Merchants ships, and in the hands of the said Captains: and accordingly, an Attachment was served upon the said Mer­chants. Whereupon the said Merchants being urged to bring in the Fifteen thousand pounds, or to go to prison, made now suit to the Duke for the release of their ships; who pretending that the Parlia­ment must be moved therein, the Merchants much perplexed, and considering that they should lose much by unlading their ships, and the losse of their voyage; resolved to tender to the Duke Ten thou­sand pounds for his unjust demand, who by co­lour of his office extorted and exacted from them the said Ten thousand pounds; and upon receipt thereof, and not before, released the said ships.

7. That the Duke, being Great Admiral of Eng­land, Lending of the Vant-guard to the French: did by colour of the said Office procure one of the principal ships of the Navie-Royal, called the Vant-guard, and six other Merchants ships of great burthen, to be conveyed over with all their Ordnance, Ammunition, and Apparel, into the King­dome of France; and did compell the said Masters and Owners of the said ships, to deliver the said ships into the possession and command of the French King, and his Ministers, without either sufficient security for their re-delivery, or necessary caution in that behalf, contrary to the duty of his Office, and to the apparent weakning of the Naval strength of this Kingdome.

8. That the Duke, knowing the said ships were intended to be imployed against the Rochellers and To be imploy­ed against Ro­chel. the Protestants elsewhere, did compel them as afore­said [Page 43] to be delivered unto the said French King and his Ministers, to the end that they might be imploy­ed against those of the reformed Religion, as accor­dingly they were; to the prejudice of the said Religion, contrary to the intention of our Sove­raign Lord the King, and to his former promise at Oxford; and to the great scandal of our Na­tion.

9. That he hath enforced some who were rich Selling of Ho­nours: (though unwilling) to purchase honours: as the Lord Roberts, Baron of Truro, who was by menaces wrought to pay the sum of Ten thousand pounds to the said Duke, and to his use for his said Ba­rony.

10. That in the 18 year of the late King, he And Offices. did procure of the late King the Office of High Treasurer of England to the Vicount Mande­vil, now Earl of Manchester, for which Office he received of the said Vicount, to his own use, the sum of Twenty thousand pounds of money, and also did procure in the 20 year of the late King, the Office of Master of the Wards and Liveries for Sir Lionel Cranfeild, afterward Earl of Middlesex, and as a reward for the said procurement, he had to his own use, of the said Sir Lionel Cranfeild, the sum of Six thousand pounds, contrary to the dig­nity of his late Majesty.

11. That he hath procured divers honors for Procuring Ho­nours for his Kindred. his Kindred and allies, to the prejudice of the anci­ent Nobility, and disabling the Crown from rewar­ding extraordinary virtues in future times.

12. That he procured and obtained of the late Diminishing the Revenues of the Crown. King divers Manors, parcels of the Revenues of the Crown, to an exceeding great value, and hath received, and to his own use disbursed great sums of money, that did properly belong unto the [Page 44] late King: and the better to colour his doings, hath obtained severall privie Seals from his late Majesty, and his Majesty that now is, warranting the pay­ment of great sums of money by him, as if such sums were directed for secret service of the State, when as they were disposed of to his own use; and hath gotten into his hands, great sums which were intended by the late King for the furnishing and victualling of the Navie-Royall, to the exceeding diminution of the Revenues of the Crown, to the deceiving and abusing of his late and now Majesty, and detriment of the hole Kingdome.

13. Lastly, that he being a sworn servant of the His applying Physick to King Iames. late King, did cause and provide certain plaisters and potions for his late Majesty in his last sicknesse, without the privity of his Majesties Physicians; and that although those plaisters and potions former­ly applyed produced such ill effects, as many of his sworn Physitians did disallow as prejudiciall to his Majesties health, yet neverthelesse did the Duke apply them again to his Majesty; whereupon great distempers and dangerous symptomes appeared in him, which the Physitians imputed to those admi­nistrations of the Duke, whereof his late Majesty also complained: which was an offence and misde­meanor of so high a nature, as may be called an act of transcendent presumption. And the said Com­mons by protestation, saving to themselves the li­berties of exhibiting hereafter any other accusati­on or impeachment against the Duke, and also of replying unto what the Duke shall answer unto the said Article, Do pray that the said Duke may be put to answer all and every the premises, and that such proceedings, examinations, tryals, and judg­ments, may be upon every of them had, as is agree­able to law and justice.

[Page 45] The Commons having presented this Accusation, presently af­ter sent a message to the Lords, desiring that the Duke might be committed, declaring that it did mis-beseem their House to per­mit a man so deeply impeacht to sit in Councell with them: And Sir Dudly Diggs and Sir Iohn Eliot commit­ted to the Tower. at that very time, Sir Dudly Diggs and Sir Iohn Eliot were sent for out of the House, by two messengers of the Chamber, who upon their coming forth, shew'd them warrants for their Com­mitment to the Tower; but it was resolved by the Judges, that by their restraint, (no reason being given to the House for it) the hole house was arrested, and Remonstrance was made to the King of their priviledge, whereupon they were released.

The Commons having sped so well, the House of Peers be­gan The Earl of Arundel dis­charged of his imprisonment. to claim their immunity, making an order that nothing should be transacted in their House, untill the Earl of Arundel were restored: upon which instantly ensued the Earls postlimination and readmittance.

Popular disgust began now to break in upon the Duke with such a running and sweeping tide, as drew along with it by way of concomitancy the Peerage; nor could his new dependents and Allies keep the Ballance horizontal and even, much lesse sway it; and because his fate must result from them, and not by weight, but tale, the old trick of the Councel of Trent was thought upon, and a new summons of persons, firm confidents of the Duke (as the Lords Mandevil, Grandison, and Carlton) into the row of Nobles. But this project would not take, for the House of Lords found an ancient Order, That no Lords created sedente Parliamento, shall have voices during that Session, but only shall have priviledge of sitting among the rest: upon which their suffrage was excluded. This gave the Duke a taste (a bit­ter one) of their inclinations, so that finding small favour to trust to, he magnanimously, some thought impudently, stood upon his Justification. And as the ill opinion of his Peers deprest him, so their affection to the Earl of Bristow elevated him: who received the Atturneys charge with such an undaunted spirit, and retur­ned so home an answer, as the House was amply satisfied with it. On the other side, the Duke was as intent upon his Defence, and having moulded it to his contentment, upon the 8. of Iune pre­sented it to the Lords, who upon receit thereof, sequestred him The Duke se­questred from the House of Lords. from sitting any more as a Peer of the House, untill his cause was determined; upon which he went away much dejected. The sub­stance of his answer was as followeth.

1. To the charge concerning his plurality of Of­fices, he answereth, That his late Majesty did of his The Duke's Answer. own Royal motion bestow them upon him, and [Page 46] he hopeth and conceiveth he may without blame receive, what his bountifull Master conferred upon him, if the Common-wealth doth not suffer there­by. Nor is it without precedents, that men emi­nent in the esteem of their Soveraign, have held as great and many offices as himself. But if it shall be proved that he falsly, or corruptly hath executed those Offices, he is, and will be ready to resign them with his life and fortunes to his Majesties dispose.

2. To the second, he answereth, That the Earl of Nottingham then Lord Admiral, being grown much in years, and finding himself not so fit nor able to perform what appertained to his place, as formerly; became an earnest sutor to his late Ma­jesty to permit him to surrender up his Office, who at length being overcome by the Earls many soli­citations condescended thereunto; and his late Majesty at the entreaty of others, without the Dukes privity, was also perswaded to confer it up­on the Duke, much against his will, he being no way experienced in those affairs: so that the Earl did freely surrender, and the Duke accept the grant of the said Office, without any the least contract or proviso. But true it is, that his late Majesty out of his Royal bounty did grant to the said Earl a Pension of One thousand pounds per annum, as a recompence for his former service to the Crown; and also the Duke himself did freely and volunta­rily with his late Majesties approbation, as an ar­gument of his honourable respects to so Noble a Predecessor, send the Earl Three thousand pounds, which he hopeth is not blame-worthy in him.

3. To the third, he answereth, That the Lord Zouch being grown in years, and unfit to manage the Office of the Warden of the Cinque-Ports and Constable of Dover Castle, which are indeed both [Page 47] but one, discovered a willingnesse to surrender it, and made severall offers thereof to the Duke of Richmond, who at last contracted with the said Lord Zouch for his surrender, for the consideration of One thousand pound in money, and Five hun­dred pounds per annum; and the said Duke of Rich­mond being prevented by death, his late Majesty directed the Duke of Buckingham to go through with the Lord Zouch for it, upon the same termes; which he was the willinger to do, by reason he had found by experience, that the King's service suf­fered much through the emulation, disaffection, and contention arising between those two Officers; and he hopeth this act of his in acquiring this Of­fice, accompanied with such circumstances, the King also being both privie and directing it, will receive a favourable construction, especially consi­dering he was altogether unacquainted with any law to the contrary.

4. To the fourth, he answereth, That the losse happening to the Kings subjects by Pirats and ene­mies hath not proceeded through the Dukes de­fault, as is suggested, but because those Pirats ships are built of a mould as fit for flight as fight; being far too nimble for the Kings Ships. To prevent which inconvenience, for the time to come, there is present order taken for the building of Ships of the same shape with those of Dunkirk, and for the Pirats of Sally; that provision is taken either to restrain by treaty, or to represse them by force, as will give good satisfaction; and this will clearly ap­pear upon proof.

5. To the fifth, he answereth, That complaint being made on the behalf of some French men at the Councel Table concerning the St. Peter and some other Ships; His Majesty then present did [Page 48] order that she and all other should be released as were found to belong to any Prince or State in ami­ty with him; provided they were not fraudulent­ly coloured. And accordingly this Ship was by sentence in the Admiralty discharged. But with­in few daies after new information came to the Lord Admiral, that this Ship was laden by the sub­jects of the King of Spain in Spain, that the Amiran­tesio wafted her beyond the North Cape, and that witnesses were ready to attest as much: upon which the Duke acquainted his Majesty therewith, and by his command made stay of this Ship, as he was assured (by the opinion of the King and five other advocates) he might do, and command was given to the Kings Advocate to hasten the exami­nation of witnesses, in pursuance of the new infor­mation. But the French Merchants impatient of delaies which the producing many witnesses would occasion, complained again to the Councel-board, and obtained an order from thence for the delivery of the said Ship and goods, upon security; which security was once offered, but after retracted; yet upon consideration of the testimonies produced the Kings Advocate informing the Duke that the proof came short for that Ship, the Duke did instantly give order for her finall discharge, and that all her goods should be re-imbarqued to the Owners; which was done accordingly.

6. To the sixth, he answereth, That the motion in Parliament about the stay of the East-India Ships was only upon apprehension that they might be serviceable for the defence of the Realm. That the action entred in the Court of Admiralty against the East-India Company, was not after, (as is sug­gested) but divers moneths before that motion in Parliament, yea, before the Parliament began. That [Page 49] the composition (mentioned in this Article) was not moved by the Duke, but made by the late King, and that the Company without any menaces or compulsion agreed to the composition, as willing to give so much, rather then to abide the hazard of the suit. That of the said sum, all but Two hundred pounds, was imployed by his late Majesties officers for the benefit of the Navie; and lastly, that those Ships were not discharged upon payment of the said sum of Ten thousand pounds, but upon an accommodation allowed that they should prepare other ships for his Majesties service, whilest they went on their voyage; which accordingly they did.

7. To the seventh, he answereth, That those Ships were lent to the French King without his privity; that when he knew thereof, he did what appertained to his office. That he did not by me­nace, or any undue practise by himself, or any other, deliver those Ships into the hands of the French: that what error hath since happened, was not in the intention any way injurious to the State, nor prejudicial to the interest of any private man.

8. To the eighth, he answereth, That under­standing a discovery that those Ships should be im­ployed against Rochel, he endevoured to divert the course of such imployment: and whereas it is alledged that he promised at Oxford, that those Ships should not be so imployed, he under favour saith, he was misunderstood, for he only said, that the event would shew it, being confident in the pro­mises of the French King, and that he would have really performed what was agreed upon.

9. To the ninth, he answereth, denying any such compulsion of the Lord Roberts to buy his honor, and that he can prove, that as the said Lord did [Page 50] then obtain it by the solicitation of others, so was he willing formerly to have given a great sum for it.

10. To the tenth, he answereth, That he had not, nor did receive any penny of the said sums to his own use, that the Lord Mandevil was made Lord Treasurer by his late Majesty without any con­tract for it, and though his Majesty did after bor­row of the said Lord Twenty thousand pounds, yet was it upon proviso of repayment, for which the Duke at first past his word, and after entred him se­curity by land, which stood engaged untill his late Majesty during the Dukes being in Spain, gave the Lord satisfaction by land in Fee-farm of a consi­derable value, whereupon the Dukes security was returned back. And that the Six thousand pounds disbursed by the Earl of Middlesex, was bestowed upon Sir Henry Mildmay by his late Majesty (with­out the Dukes privity) who had and enjoyed it all entire.

11. To the eleventh, he answereth, That he be­leeveth he were rather worthily to be condem­ned in the opinion of all generous mindes, if be­ing in such favour with his Majesty, he had minded only his own advancement, and had neglected those whom the law of nature had obliged him to hold most dear.

12. To the twelfth, he answereth, That he doth humbly, and with all thankfulnesse, acknowledge his late Majesties bountiful hand to him, and shall be ready to render back into the hands of his now Majesty whatsoever he hath received, together with his life, to do him service: But for the value sug­gested in the charge, he saith there is a great mis­take in the calculation, as he shall make evident in a Schedule annexed, to which he referreth him­self. [Page 51] Nor did he obtain the same by any undue soli­citation or practise, nor yet a release for any sums so received. But having several times, and upon several occasions disposed divers sums of his late and now Majesty, by their private directions, he hath releases thereof for his discharge, which was honorable in them to grant, and not unfit for him to desire and accept for his future indemnity.

13. To the last he answereth, That his late Ma­jesty being sick of an Ague, a disease out of which the Duke recovered not long before, asked the Duke what he found most advantageous to his health; the Duke reply'd a Plaister and Posset-drink admi­nistred to him by the Earl of Warwick's Physician; whereupon the King much desired the Plaister and Posset-drink to be sent for. And the Duke delay­ing it, he commanded a servant of the Dukes to go for it against the Dukes earnest request, he humbly craving his Majesty not to make use of it without the advice of his own Physicians, and experiment upon others; which the King said he would do, and in confidence thereof, the Duke left him, and went to London. And in the mean time, he being ab­sent the said Plaister and Posset-drink were brought, and at the Dukes return, his Majesty commanded the Duke to give him the Posset-drink; which he did, the Physicians then present not seeming to mislike it. Afterward the Kings health declining, and the Duke hearing a rumour as if his Physick had done his Majesty hurt, and that he had admini­stred physick without advice, the Duke acquain­ted the King therewith, who in much discontent replyed, They are worse then Devils that say so.

This being the plain, clear, and evident truth of all those things which are contained in that Charge, He humbly referreth it to the judgements of your [Page 52] Lordships, how full of danger and prejudice it is, to give too ready an ear, and too easie a belief unto a Report or Testimony without Oath, which are not of weight enough to condemne any.

Also he humbly acknowledgeth, how easie it was for him in his young years and unexperienced, to fall into thousands of errors in those ten years, wherein he had the honour to serve so great and so open an hearted a Soveraign Master.

But the fear of Almighty God, his sincerity in the true Religion established in the Church of England, (though accompany'd with many weaknesses and im­perfections, which he is not ashamed humbly and heartily to confesse) his awfulnesse not willing to of­fend so good and gracious a Master, and his love and duty to his Countrey, have restrained and preserved him (he hopeth) from running into any heinous mis­demeanours and crimes.

But whatsoever upon examination and mature de­liberation, they shall appear to be, least in any thing unwittingly, within the compasse of so many years, he shall have offended;

He humbly prayeth your Lordships, not only in those, but to all the said misdemeanours, misprisions, offences and crimes wherewith he standeth charged before your Lordships, to allow unto him the benefit of the free and general Pardon granted by his late Majesty in Parliament in the one and twentieth year of his Reign, out of which he is not excepted. And also of the gratious Pardon of his now Majesty gran­ted to the said Duke, and vouchsafed in like manner to all his Subjects at the time of his most happy In­auguration and Coronation; which said Pardon un­der the Great Seal of England, and granted to the said Duke, beareth date the tenth day of February now last past, and so here shewed forth unto [Page 53] your Lordships on which he doth humbly relie.

And yet he hopeth, that your Lordships in your Justice and Honour (upon which confidence he put­teth himself) will acquit him of, and from those mis­demeanours, offences, misprisions and crimes where­with he hath been charged.

And he hopeth, and will daily pray that for the future, he shall by Gods grace so watch all his actions, both publick and private, that he shall not give any just offence to any.

This answer of the Duke to his impeachment, was a kind of new grievance to his Adversaries; for it being contrived, and so inlay'd with modesty and humility, it was like to have a powerfull influence towards the conversion of many who ex­pected a defence of another and more disdainfull spirit. Again it seemed to state him in impunity, and the Commons having charged him, as they thought, through and through, loath they were to fall short of victory; and having pursued him with such vehemency, thought themselves worsted, should he now at last make a saving game of it, therefore resolved they were to ply him with a speedy reply: but while they were hammering of it, the King sent them a Letter, demanding without further delay the speedy producing their Bill of Subsidy to be passed; to which, to prevent their dissolution, they conformed. But first they had drawn up a Declaration, of the same make and mind with their former impeachment, of the miserable state of this Kingdome, and not without some high contest, it was allowed by the House before the Bill of Subsidy. Whereupon his Majesty was so exceedingly The Parlia­ment dissolved. incensed, as on the very next day being Iune the fifteenth he dissolved the Assembly, though the Lords sent four of their House unto him, beseeching him earnestly he would permit them to sit but two dayes longer, but he answered, Not a minute.

The same afternoon the Earl of Bristow, the Dukes grand Arundel and Bristow confi­ned. persecutor, was committed to the Tower, and the Earl of Arundel confined to his own house. There came also forth from his Majesty a Proclamation for burning of all Copies of the Commons Declaration made before the Parliaments disso­lution.

This Rupture of the Parliament being supposed to issue The King charged with imprudence. from the Kings great affection to the Duke, I finde him charged with Deep imprudence and high over-sight to hazard [Page 54] the love of millions for him onely. Loth I am to leave him as I finde him, and hope this suggested imprudence will either totally disappear, or seem much lesse, if we well weigh those high obligations all Princes have, and what The Charge Answered. he had more then many others, to uphold their Favou­rites. It is, and ever was the perpetuall lot of those who are of choisest admission into Princes favours, to feel as strong reverberations of envie and ill will from beneath, as they do irradiations of grace and favour from above; whereby they suffer a kind of persecution, it being the main businesse of those who maligne them, to be narrow inquisitors into all their actions, ready to aggravate the worst, and to traduce the best; nor scape they so, but over and besides their proper failings, they usually bear the blame and odium of their Masters faults; upon which Consideration Princes are in some sort tyed in equity to support them, thereby to compensate and make them some amends for what despight they endure upon the skore of their affection to them. Again, should a King desert and abandon a servant of such choice esteem upon every slight suggestion, what can he expect but a generall tergi­versation, a backsliding of affection and fidelity from him, and an utter declining of his service ever after? These are motives of generall concernment, over and besides which King Charles had others of more peculiar relation. He did not discern any thing in the accriminations of so horrid import as might blemish his owning him. His accumulated Offices and Honours, he reputed so far from an offence, as he could scarce think them an errour, and he believed hardly one of a million would have declined, or resisted the temptation of those Royal tenders, had they been in the Dukes case. And for his study to advance his near relations, he might most worthily have been counted a Monster, and an extravagancy in Nature, had he cast off all regard of those to whom he was by consangui­nity so near annexed. Lastly, his Majesty took notice, that in all those thirteen Articles of Impeachment, there was not any thing of value, but what was acted and happened in the Reign of his late Father, and consequently not legally cogniscible in his time; nor did he think it sorted with his honour to ad­mit an accusation against a person so dear both to his Fa­ther of blessed memory, and him self, after so many years e­lapsed, especially considering that since the time of his pretended delinquency, he was honoured by many of his now accusers with the acclamation of the Preserver of his Countrey, and that in open Parliament; so odd a turn of passion is there in the minds of men. These were the inducements which fixt the King so much in the Dukes protection, which are here delivered [Page 55] out of a desire to expunge that blemish of imprudence thrown upon his Majesty, not as a concession of his dissolving the Par­lament upon the account of that Protection only; for the King had other provocations which stimulated him also to it. Those Queries of Dr. Turner, and that expression of Mr. Coke, the King resented as insolent, and so represented them to the Parliament; very hot they were of the spice, and had more peper then salt in them. In subconsulary Rome, Athens or Sparta they might have been tolerated, but in a state founded upon the administration of Monarchy, those small strictures and sparks of animosity, had fire enough in them to kindle and in­flame the anger of a mild Prince: for nothing irritateth and causeth the wrath of Kings more then dis-respect, as nothing gives them splendor and brightnesse but Authority, whereof if Soveraignty be once dismantled, once stript, she is soon trampled upon, scorned and contemned: And though those speeches did not take their aime directly at his Majesty, yet did they by glance and obliquely deeply wound him. They that make Princes mi­nions the But or mark of their accusations, had need have a very steady hand, for it is very difficult to asperse persons so near the Throne, but some drops will sprinkle upon Majesty it self. Nor had those disordered heats power enough of themselves to operate so sad an effect, had they not been seconded by a Declaration of the hole House of the same meal and leaven'd with language of equal disgust to the King.

On the Monday before this dolefull dysaster, there happened a A strange spectacle upon the Thames. terrible and prodigious spectacle upon the Thames. The water near Lambeth-Marsh began about three of the clock in the afternoon to be very turbulent, and after a while rising like a mist it appeared in a circular form of about ten yards diameter, and about ten foot elevated from the River. This Catarract or spout of waters was carried impetuously crosse the River, and made a very furious assault upon the Garden wales of York-house (where the Duke was then building his new water stairs) at length, after a fierce attempt, it brake asunder, sending up a fuliginous and dusky smoak, like that issuing out of a Brewers chimny, which ascended as high, as was well discernible, and so vanisht. And at that very instant there was in the City of London, so dreadfull a storm of rain and hail, with thunder and lightening, as a great part of the Churchyard wals of St. Andrewes Church in Holborne, fell down, and divers graves being thereby discovered many coffins tumbled into the middle of the channel.

It will not be amisse now to crosse the seas, and to take a Difference between Eng­land and France. view of our Kings affaires, which began to be sullen, of an uniforme and not much differing complexion from those at home, many indications and overtures of discontent emerging [Page 56] between himself and his chief confederate and Brother Lewis of France, whereby the former amity notwithstanding many Leni­tives apply'd was enforced at length to yeeld to direct hostility. In the provocation, Lewis was the first, Charles in the quarrel. The leading occasion, this.

During the late Treaty of marriage between England and Seven English ships lent to the French. France, Lewes pretending a martiall design against Italy and the Valtoline, entreated and obtained of King Iames the loan of the Vantguard, a parcel of the Navie-Royal, and (with the owners consent) of six Merchants ships more. But it being rumour'd that Lewes intended these ships against Rochel, then revolted from him, King Iames (who resolved to preserve himself neuter in that businesse, liking the Rochellers Religion too well to offend them, and their cause too ill to protect them) put in expresse cau­tion that those ships should not be imployed against the Rochel­lers. But before their ships put forth to sea (soon after King Iames died) Lewes and the Rochellers (at the instance of King Charles by his two Ambassadors, the Earl of Holland and Sir Dudly Carlton) came to an accord. This pacification gave Lewes ad­vantage of enterprising upon the Valtoline with greater, both power and expedition, and invited Charles to dispatch the Eng­lish ships for France: but no sooner arrived they at their Port, then that nest of wasps at Rochel began to infest King Lewes again, for Subize following his old trade, took the opportunity of the advance of the French Army for Italy, and a l'improviste, before they were aware, surprised the Isle of Rhe, then incuriously guarded (so in-secure did overmuch security make them) seised many ships in the harbour, and bad fair for the taking of Fort-Lewes, had not the Duke of Vendosme posted thither with relief. Lewes finding them of the Revolt, lapsed into their wonted in­solency, began to rouse amain, put to sea all the ships he could procure, sends to the Dutch for Naval aide, and demanded of Captain Pennington the delivery of the English ships agreeable to his Masters promise: The Captain reply'd, he took no no­tice of any such promise, nor of any other agreement with the King his Master, then of taking in a chief Commander, and a com­petent number of Souldiers, not superiour to the English, and to go upon such imployment as his Christian Majesty should direct, which, he said, he was ready to do: but to deliver up the ships without expresse order from his Master, were a presumptuous, yea, a treasonable act in him. The King of Frence perceiving the Captain so incompliant, courted and tempted him with ample promises of advancement, and the proffer of large sums of ready money; and finding him still intractable, he proceeded to protest against him as a Traitor to his King; which protest so irritated and urged the English Sea-men, then under his command, as they [Page 57] stantly in a fury weighed anchor, and set sail for the Downs: from whence the Captain sending to our King for a further signification of his pleasure, his Majesty rather willing to submit to the hazard of Lewes his breach of Faith, then to the blame of receding his own from pollicitation, returned answer, that His wil was that he should Misapplyed to the offence at Rochel. consign up his own and the six Merchant ships to the service of his Bro­ther. This order soon elicited obedience in Captain Penington, and the residue, so as they all rendered up their charge to the French. With the conjunction of these seven English, & a squadron of twen­ty Dutch, under the command of Admiral Halstein, with his own Navy conducted by Montmorency, Lewes brake furiously in upon Subize the Stasiarch, the chief Rebel, forceth him from his strength, reprizeth many ships formerly taken by him, and so impetuously chaseth him, as he with much difficulty escaped to the Isle of Ole­ron. Our King having advice of this misemployment of his Ships repugnant to their prime destination by compromise and mutual contract, sent an expostulatory message to his Brother, demanding the cause of this violation of his Royal parole, and withall requi­ring the restitution of his Ships. To the breach of Promise the French King returned answer that the Rochellers had first temera­ted and slighted their Faith with him, and that necessity inforced him to use all means to impede the progresse of so great dis­loyalty, which he could not well doe without the aid of the Eng­lish Ships, his own Fleet being upon other service: As to the re­stitution of the Ships, he replyed, That his Subjects, by whom they were mann'd, held them contrary to his minde, and therefore wisht his Brother would come by them as he could. King Charles would have none of this answer, and while he pressed for a better, he occasi­oned it, by the seisure of the New-haven-ship; which Lewes took for sufficient ground not only to keep his hold of those seven ships, but also to arrest our Merchants goods in France to the value of three hundred thousand pounds; yet at length, either upon our Kings re-imbarquing to the French owners their goods, or reason of State (new commotions then arising in France) so perswading, Lewes in the begining of May, 1626. released all our both ships and goods. Upon this all was calm as could be between them again; But this lucid interval lasted not long, there being a fresh eruption of discontent upon an unhappy dysaster, which befel in our Queens Court, and it was as followeth.

Iuly the 1. of this year, towards the evening, the King waited on An unhappy accident in the Queens Court concerning her Domesticks. by the Duke of Buckingham, the Earls of Holland and Carlile, and other principal Officers, came to Somerset house, whither all the Queens servants were commanded by a message sent the same day soon after dinner to repair, and delivered his minde to them, to this effect.

Gentlemen and Ladies,

I am driven to that extremity, as I am personally come to ac­quaint you, that I very earnestly desire your return into France. True it is, the deportment of some amongst you hath been very inof­fensive to me; But others again have so dallyed with my patience, and so highly affronted me, as I cannot, I will no longer en­dure it.

This accusation, though not determined to any particulars, yet while the blame hovered over all, every single was concern'd to keep it aloof; so that one by one, they began profession of their several innocencies. The Bishop of Mende answered, Sir, If this accrimination be levelled at me, let me, I beseech you, know my fault, while I am here to make defence. And Madam S. George seconding him; Sir, I make no question but the Queen will give of me a fair testimonial to your Majesty. But the King departed with this Reparti, this short reply only, I name none. The Queen, whose tenerity of years, and frailty of sex had not yet annealed and fixt her for such an encounter, upon the first knowledge of it overwhelmed with the billows of passion, grew exceeding impe­tuous against his Majesty, imputing it to him as the outside and extremity of unkindenesse, that having so slender a set and sute of her Native friends and servants to attend her, they must now be in an instant all casheir'd, in whose lieu she must now expect not a train of Honor, but a guard of disaffected strangers, not to wait so much upon her commands, as to watch her actions, and to be treated liker a Prisoner then a Princesse. That it was an high in­dignity to the daughter of France, and Queen of England, that she could not retain a menial servant without a Conge d'eslier, and precarious addresse. His Majesty observing her thus trans­ported, laboured by all gentle perswasions to pacifie her; but finding the torrent too ferocient and furious for reason to deal with, resolved he was (hoping that her choler would at length quench it self with its own ebullitions and over-seethings) to ride out the storm, and persisted inflexible from his former purpose. Whereupon in the beginning of the next month they were con­strained They are warned out of the Realm. to quit the Realm. A very sad doom it was certainly to the French, if we look upon the punishment abstracted and singled from the fault; for many of them had made sale of all was theirs in France for the purchase of those places of attendance, to whom proscription and banishment was equivalent to utter ruine. But as the animadversion was extreme severe; so their offences Their several offences. were adequately and in like degree hainous: and suffer they might an uniform chastisement, for misdemeanours of several makes. The Ecclesiastick, stood charged for putting intolerable scorn upon, and making Religion it self doe Penance by enjoyning [Page 59] her Majesty under the notion of Penance, to goe barefoot, to spin, to wait upon her Family servants at their ordinary repasts, to trash on foot in the mire on a rainy morning from Somerset house to Saint Iameses, her Confessor mean while like Lucifer him self riding by her in his Coach; but, which is worst of all, to make a Progresse to Tyburn, there to present, her devotions. A most impious piaculary, whereof the King said acutely, that, The Action can have no greater invective then the Re­lation. Again the Bishop of Mende was blamed for contesting over eagerly with the Earl of Holland about the Stewardship of those Mannors, which were setled upon the Queen for her Dower, that Office being confer'd on the Earl by the King, and the Bishop claiming a grant from her Majesty. The other sex were accused of crimes of another nature, whereof Madam S. George was, as in dignity of Office, so in guilt, the principal; culpable she was in many particulars, but her most notorious and impardonable fault was, her being an accursed instrument of some unkindenesse between the King and Queen through a causelesse taking distaste at his Ma­jesty, for a repulse from riding in the Coach with both their Ma­jesties, Ladies of greater eminency worthily claiming preferment. This seeming disrespect she resented with so deep disgust, as she ever after meditated all possible means not only to create an odium and disdain in the Queen against the English Ladies, but also to procure a disaffection to the King himself. And in tract of time her insinuations into the Queens credulity were so po­tent, that what Madam S. George suggested, was more credential with her, then what her husband could alleadge in contradiction. So that the King perceiving Majesty thus trampled under foot, and the sacred tyes of Wedlock, making such approaches to a kinde of nullity, through the instigation of hers and such mischievous spirits, the result of his reason could be rationally supposed no other, then to evacuate and discharge the Kingdome of them. And the event did highly commend the counsel, for these incendiaries once casheired, the Queen who formerly shewed so much waspish protervity and way wardnesse, soon fell into such a mode of loving complacence and compliance, as evidently verified, her former de­portment was rather the product of malicious spirits, then the effects of any crosse-grained inclination of nature; nor did the world ever afford a couple more mutually endeared each to other, then that Pare-Royal became after that. But though this Ren­voy of her Majesties servants imported domestique peace, yet was it attended with an ill aspect from France, though our King (stu­dying to preserve fair correspondence with his Brother) sent over the Lord Carleton with instructions to represent a true account of the action, with all the motives to it, but his reception was very course, being never admitted to audience. For Lewes his [Page 60] cars were so wide open to the complaints of the proscribed French, as in the crowd of many truths, malice had power to convey in por­tentous lyes, one whereof is especially filed upon the Record of Hi­story, by some French Narrators, viz. That they were casheir'd with­out Mercury Fran­cois, & Du Chesne. their wages and appointment; whereas they had not only their full Debentures paid them, but (as in draught) large rewards over and besides, the total amounting to twenty two thousand seven hundred thirty two pound, the several parcels whereof I am able to ascertain, and for the verity of this I appeal to Sir Henry Vane then Cofferer to the King. But Lewes dispatcht Monsieur the Marshall de Bassompierre as extraordinary Ambassadour to our King, to de­mand the restitution and postlimineation of the Queens Dome­stiques; who labouring some months in vain for their re-establish­ment, was compelled at length to return home a mal-content. Nor was it very difficult to presage what the issue of his Negoti­ation would prove in England, considering how the Lord Carleton was slighted in France, and how that disrespect was seconded by an affront of a worse quality upon our Ships at Bourdeaux, at An Embargo of our ships at Bourdeaux. that very instant of Bassompiers imployment here. For our Mer­chants laden with Wine at Bourdeaux, in their return home, be­ing to take in their Ordinance at Blay a Castle upon the Gironde, where (according to an ancient custome of diffidence in the French towards us English they were unladen) they were all arrested in the beginning of November by order from the Parliament of Roüen, upon pretence of some injurious depredation by the English. This indignity King Charles stomacht with such vehemency of spirit, as he resolved upon hostility with France, as shall appear in the Narrative of the ensuing year.

Before I remove from hence, let me here offer at an Aphorism and State-syllogism, that is, from those premised and fore-recited differences to infer, that Confederations and alliances between Princes are rarely long-lived; the reason (I conceive) is, be­cause they are not souldered by any magnetique of Love, but by occult interest of State, and therefore pendulous upon the variety and mutation of affaires. And for the most part they are occa­sioned by a Fear, either mutual of each others, or in conjunction of a third power, (so that such Leagues may more properly be called Leagues of meticulosity and fear, then of amity) whereby it comes to passe, that if the ballance of power be not equilibra­ted, very evenly poysed, that Prince who hath the oddes of in­clination either in reality or supposition, will soon finde and ex­cogitate for his own advantage matter of pretext to retire from his Faith, and to temerate the Laws of Alliance; nor can any verbal formality in the frame of the Treaties secure, nor the Oaths (the strongest ligaments of humane society) by which they are ratified, be defensatives sufficient against any, who hath a genius [Page 61] and minde to violate his fidelity, especially when the difference is like to receive no other decision then what the sword yeelds. And if such Alliances have the hap to be entertained with a serious and cordial disposition on both parts, yet many traverses and untoward accidents fortuitously and by chance occur, which either not managed to the best behoof of correspondence, or seconded by counsels of an ill temper, carry along with them fatal consequences, and generate a Rupture. So it fell out in this quarrel between us and France, wherein whether either merited the total of the blame generally imputed to them, may occasion further disqui­sition.

That the imbarque and stay of our ships at Blay by Lewes his command was an infringement of the League, it is conceded, no evasion can be devised for it. But that he brake his Faith (as is ge­nerally suggested and urged against him) in using the seven ships against Rochel, changing thereby the property of their prime destination, I under favour supersede my assent. My reason is;

All promises whatsoever, carry always about them, tacite Sal­vo's and savings of general and imply'd conditions; whereof one is, That affairs keep their station, and vary not from what they were at the moment of pollicitation: for words cannot oblige be­yond the minde, and it would be destructive to humane society, should a man be bound up by the strictnesse of his parole, to the performance of what (upon rational principles) neither himself would have granted, nor another have required of him at the first instant of the contract. And this was Lewes his case: for when he first past that promise, he had at home a considerable Armado, the greatest part whereof he might, and would have reserved to engage against Rochel, and consequently have dis­posed the English ships agreeable to his first purpose. But that Navy being now abroad, and too remote to bring timely aid, not to use all imaginable means in order to his own safety for [...]. Thucyd. lib. 1. Iupiter ipse sancivit ut om­nia quae re [...]pub. salutaria essent, justa & legiti­ma haberentur. Cic. Philip. 2. the crushing of those Revolters, had been to betray himself to inevitable ruine. For in periclitations and dangers of so eminent a degree, it is to none denyed to us [...] all the wits they have: therefore even amongst the Romans, the most steady and pun­ctual observers of Faith, there was a law, and they tell us enact­ed by Iupiter himself, which justifyed all actions whereby the Common-wealth might be preserved; therefore though parodox it may seem, and out of the rode of common beleef, yet seeing none can convince it for heterodox, and repugnant to truth, in this particular we may pronounce that Lewes did break rather his word, then his Faith.

King Charles is taxed for violating the Matrimonial Pact by the Renvoy and discarding of the Queens Domestiques. An ac­cusation, [Page 62] which if it hath somewhat of truth, it hath I am sure more of partiality; for why should he be singled out in the accri­mination, who was not single in the crime? not only other Princes, but Lewes himself having been guilty of a similary practice upon the Spanish retinue of his own Queen. But Precedents are no Standards, nor can they legitimate illegal actions; this therefore no just vindication of our King, whose honour will (if I mistake not) finde better relief from the Agreement it self, then from ex­ample.

The Article urged against him is the fourteenth, by which it was contracted, That all the Domestique servants which the Queen should bring over into England, should be natural French and Catholiques, chosen by the most Christian King. And in case of death, she to chuse others Catholiques of France, provided the King of Great Britain should assent. Hereby it appeareth that her first set was to be of her Brothers Election, and so they were. But how long they should continue their attendance, and that ejectment (in case of misdemeanour) might not create a va­cancy as well as death, nothing is expressely limited to the con­trary: and indeed it cannot in reason be conceived, that the Ar­ticles should give them a longer tearm, then during an obedience sutable to their Offices, or state them in such an indefeisable te­nure, as might tempt them to all kinde of insolence against their Superiours. So then their condition being pendulous upon their good behaviour, which no doubt, (as is evident by their Oath clientelary, and of Fidelity formed in the fifteenth Article) was equally relative to either Majesty, I cannot but totally acquit King Charles of blame in proscribing such as refractarily offended. To proceed.

Whilest these two Kings were thus picking quarrels one with the other, very sad news came hither from Germany, That the King of Denmark, notwithstanding the late aid sent from Eng­land of six thousand men under the conduct of Sir Charles Mor­gan, had on the 17. of August received a total overthrow by Tilly, and was reduced to such distresse, that if present succour came not he was ruined fo [...] ever. That the Sound was like to be lost; the English Garrison at Stoade straightly besieged; our East­land Trade and staple at Hamborough, where our clothes are vented, almost given up for gone.

Though these storms appeared as Land-skaps and aloof, yet the King foresaw that as the winde lay, their impression was like soon to visit him at home, and at home he was in no good plight to bear up against them, matters going there with him corre­spondently ill.

For having sent out a Fleet of thirty sail, all men of War, in A Navy pre­pared for Ro­chel. the beginning of October, under the command of the Lord Wil­loughby, [Page 63] and Earl of Denbigh, an hideous storm so ruffled them, as they had much ado to gain safe harbour; and well they escaped so, for they were of so slight and insufficient a structure, as had they been but an hundred leagues farther off, very few, if any, had re­covered land.

But it is an ill wind blows none to good, and this boystrons gust was a friendly contrivance of providence for the Earl of Denbighs advantage, there falling out an unhappy accident in his absence, which called and speedily too, for all was man in him.

The Marquesse Hamilton had been long, and earnestly solicited Marquesse Hamilton de­parteth in dis­pleasure. by the Duke to marry his Neece, this Earles daughter. The Mar­quesse had a minde as high as (some thought above) his extraction, and did account that Earls daughter, who was (though well deri­ved) but yesterday Sir William Fielding, impar congressus, and no fit match: at length the King interposeth his desire, and Princes de­sires are equiparate to commands; so in the end the Marquesse con­sents, and weds her, but with a serious resolution never to bed her: all fair and gentle means were used both by the King and Duke to perswade him to become her bed-fellow, and that failing they steer'd a course quite contrary, and divested him of his place in the Spicery, worth two thousand five hundred pound per annum. Upon this the Marquesse mal-content, a week before the Earls return, de­parts for Scotland, bidding the Court (as it was supposed) an eternal valediction. The Earl no sooner landed, then he was saluted with the news of his son in laws departure; whereupon he takes post a­main after him, and after many denyals, at last with earnest impor­tunity reduced him to the Court; yet all the art and Royal power could not induce him to bed her, untill two years after, and not then without some seeming reluctation.

The King being thus on every side on the losing hand, he was The King in want. much distressed in minde what course to take to discharge himself of those impendent calamities; should he call a Parliament, the time (whose every moment was precious to him) would not permit to stay for their convention; and when met, should they prove (as it was odds they would) as dilatory and disgustful as the former, he were in a worse condition then before. In this perplexed difficulty, at length his Councel agreed to set that great engine his Preroga­tive on work, many projects were hammered on that Forge, but they came all to small effect. First they moved for a contribution by way of Benevolence, but this was soon dasht; then a resolution was taken to enhance the value of Coyn two shillings in the pound, but this also was soon argued down by Sir Robert Cotton, but that Raiseth mo­nies by Loan. which the Councel stuck closest to, was the issuing of a Commis­sion, dated the 13. of October, for raysing of almost two hundred thousand pounds by way of Loan; and the more to expedite and fa­cilitate this levy, the Commissioners were instructed to represent [Page 64] to the subject the deplorable estate of Rochel, then closely be­leager'd by the Duke of Guise, and if not speedily relieved, would fall irrecoverably into the hands of the enemies of the Protestant Religion.

These were plausible insinuations. For Rochel though situated in another Countrey, yet was looked upon as in the same parallel of belief with us. And what will not men suffer for others of the same perswasion; especially when fame reports them sufferers, because of the same perswasion?

But all would not smooth the asperity of this illegal Tax; Ro­chel and all other forain considerations must stand by, when home­bred liberty is disputed; so thought the almost mo [...]ty of the King­dome, who opposed it to Durance. Upon this account of refusal, Many refuse. prisoners, some of the Nobility, and most of the prime Gentry were daily brought in by scores, I might almost say by Counties, so that the Councel Table had almost as much work to provide Prisons as to supply the Kings necessities.

This year learning lost two luminaries of the greatest magnitude that ever this Nation enjoy'd.

First, that stupendiously profound Prelate Dr. Andrews Bishop Dr. Andrews B. of Winchester dieth. of Winchester, an excellent disputant, in the orientall tongues sur­passing knowing, so studiously devoted to the Doctrine of the anci­ent Fathers as his extant works breath nothing but their faith, nor can we now read the Fathers in his writings more then we could have done in his very aspect, gesture and actions, so venerable in his presence, so grave in his motions, so pious in his conversation, so primitive in all. Briefly, in him was, what was desirable in a Bishop, and that to admiration.

Secondly, the then, and last Lord Chancellor Sir Francis Bacon Vicount St. Albans, for humane learning his ages miracle, but And the Vi­count St. Al­bans. withall the mirrour of humane frailty; and as most eminent in in­tellectual abilities, so too much in his prudential failings, occasioned by his August and Noble soul, which disdaining all drossie and ter­rene consideration, never descended to know the value of money, until he wanted it; and his want was so great, as when he yeelded to the Law of Nature, he left not of his own enough to defray the charge of his Funeral rites.

He lyeth interred in the Church of St. Michael at St. Albans in Hartfordshire, and hath there a fair statuary monument erected for him of white Marble at the cost of Sir Thomas Meautis, his ancient servant, who was not neerer to him living then dead: for this Sir Thomas ending his life about a score of years after, it was his lot to be inhumed so nigh his Lords Sepulchre, that in the form­ing of his grave, part of the Vicounts body was exposed to view; which being spyed by a Doctor of Physick, he demanded the head to be given him, and did most shamefully disport himself with [Page 65] that shell which was some-while the continent of so vast treasures of Ann. Christi 1627. knowledge.

The Commission of Loan not answering in its product his Majesties expectation, the Papists began now to plot their own advantage from the Kings wants, and under pretence of Loyalty, they of Ireland propounded to him that upon consideration of a Toleration of their Religion, they would at their own charge fur­nish him with a constant Army of five thousand foot and five hun­dred horse. But this project to their great regret proved dow­baked, the Protestants countermining them, for in the next Spring Doctor Downham Bishop of London-Derry, preaching before the Lord Deputy and the whole State, Aprill the 22. taking for his text Luke 1. 74. That we being delivered from the hands of our enemies, might serve him without fear; In the middest of his Sermon, he openly read this Protestation subscribed by the Archbishops and all the Bishops of that Kingdome.

  • 1. The Religion of the Papists is superstitious and Idolatrous.
  • 2. Their Faith and Doctrine Erroneous and Heretical.
  • 3. Their Church in respect of both Apostatical.

To give them therefore a Toleration, is to make our selves accessary to their abominations, and to the perdition of their soules.

But to sell them a Toleration, is to set Religion to sale, and with that their soules which Christ hath redeemed with his preci­ous blood.

The Bishop having ended this protestation, added, And let all the people say Amen, which they did, so as the Church almost shook with the noise. The Deputy required of the Bishop a copy of both his Sermon and Protestation, who answered, He would most willingly justifie it before his Majesty, and feared not who read it.

And about the same time the like offer was made here in England, Sir Iohn Savils project against the English Pa­pists. to set forth ships and men for the safegard of the narrow Seas; But old Sir Iohn Savil found a trick worth two of that, he had a pro­ject would bring in double that mony, saying, a Commission to pro­ceed against Recusants for their thirds due to his Majesty by Law would do it, to which the King in part condescended, granting him and some others a Commission for the parts beyond Trent.

But though moneys came in but slowly, yet was the Naval force compleated for expedition about Midsummer; whereof the Duke appeared Admirall; as ambitious by some meritorious service to earn a better gust, or correct the universal, odium a­gainst him.

Iune the 27. he set sail from Portsmouth with about six thousand The action of Rhe. Horse and Foot, and Iuly the 21. he published this Manifesto, de­claring the impulsive causes of his Majesties present arming.

[Page 66] What part the Kings of Great Britain have always taken in the affaires of the reformed Churches of this Kingdome, and with what care and zeal they have la­boured for the good of them, is manifest to all, and the examples of it are also as ordinary as the occasions have been. The now King my most honoured Lord and Master, comes nothing short of his Predecessors therein, if his good and laudable designs for their good had not been perverted to their ruine, by those who had the most interest for their accomplishment. What advantages hath he refused? what parties hath he not sought unto? that by his alliance with France he might work more profitably and powerfully the restitution of those Churches into their ancient liberty and splendor. And what could be best hoped by so strict an alliance, and from so many reiterated promises, by the mouth of a great Prince, but effects truly Roial and sorting with his Geatnesse? But so far fails it therein, that his Majesty in so many promises and so strait obligation of friendship, hath found means to obtain liberty and surety for the Churches, and to re­store peace to France by the reconciliation of those whose breath utters nothing else but all man­ner of obedience to their King under the liberty of the edicts; that contrariwise they have prevailed by the interest which he had in those of the Religion to deceive them, and by this means not only to untie him from them, but also to make him (if not odious unto them) at the least suspected, in perverting the meanes which he had ordained for good, to a quite contrary end. Witnesse the English ships not desig­ned for the extirpation of these of the Religion (but, to the contrary, expresse promise was made, that they should not be used against them) which not­withstanding were brought before Rochel and were imployed against them in the last Sea-fight; what then may be expected from so puissant a King, as the [Page 67] King my Master so openly eluded, but a through feeling equal and proportioned to the injuries recei­ved? but his patience hath gone beyond patience, and as long as he had hope that he could benefit the Churches by any other means, he had no recourse by way of armes; so far, that having been made an instru­ment and worker of the late Peace, upon conditions disadvantagious enough, and which would never have been accepted without his Majesties intervention, who interposed his credit and interest to the Churches to receive them (even with threatnings) to the end to shelter the honor of the most Christian King, under assurance of his part, not only for the accomplishment, but also for the bettering of the said conditions, for which he sends caution to the Churches.

But what hath been the issue of all this, but only an abuse of his goodnesse? and that which his Majesty thought a soveraign remedy for all their sores, hath it not brought almost the last blow to the ruine of the Churches? It wanted but little by continuing the Fort before Rochel, (the demolishing whereof was promised) by the violence of the Souldiers, and Gar­risons of the said Fort and Isles, as well upon the inha­bitants of the said Town, as strangers; in lieu whereas they should wholly have retired, have daily been augmented, and other Forts built, and by the stay of Commissioners in the said Town beyond the term a­greed on, to the end to make broiles, and by the means of the division which they made to open the gates to the neighbouring Troops, and by other withstandings and infractions of Peace, little, I say, fail'd it that the said Town, and in it all the Churches had not drawn their last breath. And in the mean while his Majesty hath yet continued, and not opposed so many inju­ries, so many faith-breakings, but by plaints and trea­tings, untill he had received certain advice (confirmed [Page 68] by intercepted Letters) of the great preparation that the most Christian King made to showre upon Rochel. And then what could his Majesty do lesse but to vin­dicate his honor by a quick arming against those who had made him a party in their deceit, and to give testi­mony of his integrity and zeal, which he hath alwayes had for the re-establishing of the Churches, which shall be dear and precious to him above any other thing?

The first design of this Fleet was intended against Fort-Lewes, up­on the continent neer Rochel. But we were diverted by a stratagem of the Duke d' Angoulesm, who (coming with three thousand Foot, and two hundred Horse, for the security of the Fort, and annoyance of Rochel) ordered his Quarter-masters to take up as much accom­modation in the Villages for quarters, as would suffice for fifteen thousand men; and they of the Religion supposing the power to be agreeable to this area or content of ground possessed by them, sent speedy advice thereof to the Duke and Subize, who instantly directed their course toward the Isle of Rhe.

Iuly the 30. the English early in the morning shewed them­selves upon the Islands of Oleron to the number of about twenty fail: upon their first discovery from land they were supposed to be Dunkerks waiting the motion of the Hollanders then in the road, but when it was perceived that they made nearer approches to­ward the shore of the Isle of Rhe, and withall grew more nume­rous, and the Hollanders taking no alarm, they were then sus­pected to be English. The next day they sent in twelve ships to guard the entry of Port-Breten, falling down with the rest to a Fort of the Isle of Rhe, called de la Pree, against which they played with their Canon, untill they made their approaches within Mus­ket shot of the shore, which made Sieur de Toiras Governour of the Citadel of St. Martin think they had intentions of landing there; to impede which he made out all the strength he could, but we kept the French at that distance with our Ordinance, as gave us liberty to land about twelve hundred men. The enemy being about one thousand Horse and Foot besides Voluntiers, made a very gallant impression upon us, but coming counter and travers of our Canon, they received the greater losse; the total of those who fell on both sides was estimated at about nine hundred, where­of the enemy bare the greater share. Men of note slain of our party were Sir William Heyden, and Sieur de Blancard, a French man, Agent from the Duke of Rhoan, and the Protestants. Of the French the Governours brother, the Baron of Chuntal, and about half a score more.

[Page 69] In this skirmish it was hard to distinguish which side won the field, seeing neither kept it, both retreating to their holds, we to our ships, they to their Garrison, where for three dayes all was so hust, so calm on both sides, as if they had sworn a Truce, or had spent their hole stock of valour. At length the Duke per­ceiving the French had as little stomach as himself, went on shore again, intrenching himself, untill he had debarqued all his Horse: then he dispatcht Subize, and Sir William Beecher to Rochel for a recruite; who returning with five hundred Foot, they forthwith marched directly towards St. Martins Fort, (disdaining to attempt La Pre, which a slender assault would have subdued, and might have proved an handsome and safe place of retreat in their future neces­sity.) The Islanders upon his approach to their town fled into the Castle, and left the Town to his dispose, who thought it was an earnest of the Citadel it self, though the sense of their Councel of War, especially of Sir Iohn Burroughs, was clearly otherwise; and that a strength so mann'd and fortify'd, and in an Enemies Countrey, was almost inexpugnable. But notwithstanding all dis­swasions of his Councel, the Duke fals to circumvallation and en­trenchment, rearing many batteries, from whence he pelted the Fort for the space of two months together, though to little purpose; all the prejudice the enemy that way received, being not equivalent to ours in the losse of that gallant Gentleman Sir Iohn Burroughs, Sir Iohn Bur­roughs slain. who was slain with a Musket shot from the Citadel, while he was viewing the English Works, and after nobly and honorably interred at Westminster. It is said, that during this siege, there was taken by the English perdu, a French man with a ponyard of an odde fashion, wherewith (as he confessed) he was sent by Toyras to have stabb'd the Duke, which moved the Duke to poyson their fresh Springs; whereby, and for want of other supplyes they were at once reduced almost to the point of yeelding; when in the very joynt and nick of necessity, Mounsieur Balin at an high flood, in the dead of night conveyed in twelve Pinnaces laden with such provisi­on, as bare up their drooping spirits untill fresh relief arrived, which came successively in smaller parcels, until the Marshall of Schomberg, October 29. about three of the clock in the morning, the English taking no Alarm, under the favour of the Fort de la Pree landed four thousand foot and two hundred horse, where­with about day-break he marched up to the view of the Fort and of the English. The Duke much startled at this so strange apparition, and finding it a formidable power, being loth to endure an en­gagement front and rear, resolved to rise and be gone; to which end he sent three hundred to guard the Bridge over which his Army was to passe unto the Isle of Loose; but before he could be ready to march away, the enemy were drawing out of the little Fort, whereupon command was given to hasten away with all ex­pedition. [Page 70] But before the English were out of the Town, the ene­my followed their Rear with their swords drawn, hollowing to us in a bravado, whereupon being got Musquet shot from the Town, we were all drawn into battalia, thinking the Enemy would charge, but they would advance no neerer: then we mar­ched in Military order again, and coming through a Village, we placed our Musqueteers behind the wals in Ambuscado, which giving fire upon their Enemies Horse as they were coming that way, enforced them to retreat. Having marched about three miles further we came to many little hils, which we ascended, and under­neath set our men again in Battalia, staying there almost an hour before we marched away. In the interim the enemy, which were before a mile and half distant from us, came almost up to us, and facing us from the tops of the hils, observed in what posture we marched. Then were drawn forth some Musqueteers of the For­lorn, to shoot at those upon the hils, and to play upon their Horses. But as we marched away they still approched neerer to us, untill we came to a passage which was so narrow, having salt-pits on either side, as we could only march six a breast. The French now spying his opportunity, powred forth a great volee The English routed. of shot against us, then we began to march as fast as possible. But as our Rear began to march, their Horse presently charged the Lord Montjoyes Troops, who turning tail rode in amongst our ranks, and routed us, (which Sir Charles Rich perceiving, cry'd, as it is reported, Kill him, kill him, though he be my brother) so that the greatest part began to shift for themselves, and confusedly ran away, many casting away their arms, others leaping into the water were cut off. The other divisions of the Horse fell upon Sir William Coninghams Troops; but they most bravely fought it out unto the last man; had the Lord Montjoy done the like, there had not a quarter so many perished. In this time we could not charge the Enemy because our Horse interposed betwixt us and them, and we could not annoy the Enemy, but we must more endanger our own fellowes. By this means all those Regiments in the Rear were cut off, and some of those in the Battail; the Enemy charging us even to the Bridge, where some of our Com­manders made a stand to receive them, and being not seconded by the souldiers who leapt into the water, were most of them slain; and had not Sir Edward Conways who led the Van marched back to the Bridge, and gallantly repelled the Enemy, who were newly passed over the Bridge, we had been all slain. Now the enemy being driven on the other side, we left a select company of Musqueteers to guard that Passe untill night, when we burnt the Bridge, lodged that night in the Loose, and the next day went on board. The black Bill of this days mortality was about fifty Officers, of common souldiers few lesse then two thousand, Priso­ners The sum of their losse. [Page 71] of note thirty five, colours taken forty four, hung up as An­themes at Paris, in the Church of Nostre Dame. Honour lost, all we got at Agincourt. The Prisoners Lewes gratiously dismist home, as an affectionate offertory to his Sister the Queen of England: which made up another victory superadded to the former, and a conquest over us as well in the exercise of civilities, as in feat of Arms. Only the Lord Montjoy was ransomed, for which he offering to the French King a round sum. No my Lord, it's said the King replyed, your redemption shall be only two couple of Hounds from England. Some interpreted this a slender value of that Lord to be exchanged for a couple of Dogs, but it was only in the King a modest estimate of his curtesie.

Thus were we I know not whether more, or chaced out or de­stroyed in this fatall Isle, an Isle so inconsiderable as had we lost there neither bloud nor honour, and gained it in to the bargain, it would have ill rewarded our preparation and charge of the ex­pedition.

Great enterprises are fit entertainments for heroique spirits, and the ambition of them is noble. But as the achievement of them is glorious, so the failing shamefull, and the both glory and discredit commensurate with the interest of the Agent, and consequently Adventurers in chief have the greatest shew both in the honour and disgrace; so it fared with the Duke, whom this misfortune made principally obnoxious to the lash of wanton tongues, for upon his first weighing anchor and setting sail home­ward, the French said in a jeer, Though the Duke could not take the Cittadel of St. Martins, yet it was odds but he would take the Tower of London. Nor did his own Countrey spare him at home, for immediately upon his return Doctor Moore a Prebend of Winchester, a man of an acute but aculeated wit, took occasion to cite in his Sermon that of Augustus in Tacitus, Quintili Vare redde Legiones, which saith the Historian perished propter inscitian & temeritatem Ducis, giving him a quaint wipe with the amphibology the double-mindednesse of the word Dux: In this he was exceeding that in the face of Majesty he found all serene, only the King told him what Sir Sackvile Crow had written to him of a far greater losse then he acknow­ledged.

During this expedition, George Abbot Archbishop of Canterbu­ry was compelled to a re-cesse not inglorious to his fame, and of in­finite contentment to his mind, which secluded from the drudgery of temporall cares might holely intend those which concern'd eter­nity. Being sequestred from his function, and a Commission da­ted October 9. granted by the King to five Bishops, Bishop Laud being of the Quorum to execute Episcopall jurisdiction within his Province. The declared impulsive to it was a supposed irregula­rity [Page 72] in him by reason of an homicide committed by him per infor­tunium upon the Keeper of his game (about six years before) by the unhappy glance of an Arrow levell'd at a Deer; upon which sad mischance a former Commission was awarded by King Iames to enquire whether he was thereby rendred uncapable of officiating as Archbishop, yea, or nay. And although no arguments were pre­termitted which the wit of potent malignity could device or suggest against him, yet was he by the hole court (acquiescing in the opinion of those two learned men, Bishop Andrews, and Sir Henry Mar­tin who both strenuously vindicated him) pronounced Re­gular.

Next Michaelmas Tearm there was an high debate concerning the Loan Recusants, they Petitioning the Kings Bench for an Habeas Corpus, the Attorney General alledging they were not bailable, and their Councel affirming they were, by reason the cause of their Commitment was not declared in the Warrant; but notwithstand­ing their Councel pleaded with great applause, yet were they con­strained to bide by it.

In this same tearm the Lady Purbech was tryed in the High The Lady Pur­bech censured in the Stat­chamber. Commission for incontinence, or to speak more explicitely, for Adultery with Sir Robert Howard, and being found guilty was cen­sured to do Penance in the Savoy, to pay the Court five hundred Marks, and to be imprisoned during the pleasure of the Court. But being in the Christmas after pursued by the Officers to do her penance, she was rescued by the Savoy Ambassadour, her next neighbour, and so escaped their clutches.

Penance and restraint were indeed somewhat unseasonable at a time of such Jovial festivity and indulged freedome. And the li­berty of that time mindes me of what then occurred joco-seriously, between jest and earnest, past at the interview of two great Princes.

That Christmas the Temple Sparks had enstalled a Lieutenant, A fray in Fleet­street. a thing we Country folk call a Lord of Misrule: This Lieutenant had on Twelfth Eve late in the night sent out to collect his rents in Ramme-Alley, and Fleetstreet, limiting five shillings to every house. At every door they winded their Temple-horn, and if it procured not entrance at the second blast or summons, the word of command was then, Give fire, Gunner. This Gun­ner was a robustious Vulcan, and his engine a mighty Smiths hammer. The next morning the Lord Mayor of London was made acquainted therewith, and promised to be with them the next night, commanding all that Ward, and also the Watch to attend him with their Halberds. At the hour prefixt the Lord Mayor with his train marched up in Martial equipage to Ramme-Alley: Out came the Lieutenant with his suit of Gallants, all armed in cuer­po. One of the Halberdiers bad the Lieutenant come to my Lord [Page 73] Mayor; No, said the Lieutenant, Let the Lord Mayor come to me. But this controversie was soon ended, they advancing each to other till they met half way, then one of the Halberdiers repro­ved the Lieutenant for standing covered before the Lord Mayor; the Lieutenant gave so crosse an answer, as it begat as crosse a blow, which the Gentlemen not brooking, began to lay about them: but in fine, the Lieutenant was knockt down, and sore wound ed, and the Halberdiers had the better of the swords. The Lord Mayor being thus master of the field, took the Lieutenant, and haled, rather then led him to the Counter, and with indignation thrust him in at the prison gate, where he lay till the Atturney Gene­ral mediated for his enlargement, which the Lord Mayor granted upon condition he should submit and acknowledge his fault. The Lieutenant readily embraced the motion, and the next day per­forming the condition, so ended this Christmas Game.

In Ianuary, the Duke finding the poor remains of his late Ar­my Souldiers billet in the coun­trey. somewhat boistrous for want of pay, to prevent a mutiny, bil­leted them by small parcels in the countrey Villages, which made the Countrey people have cold chear, though hot fires; being not more burthened, then frighted with those guests, who being most strangers, Irish, and Scots, were none of the civillest, and such Hybernal stations having never been heard of before in England in time of peace, the jealousies of subsequent calamities doub­led the sense of the present, and so swelled up their terrours still higher. At the same conjuncture of time Sir William Balfore a Scot, and eminent Commander of Horse in the Netherlands, was imployed thither by the King with bils of exchange of thirty thousand pounds to buy and transport a thousand. Horse into England for the service of his Majesty; and Dalbier a Dutch man, sometimes belonging to Count Mansfield, was joyned in Com­mission with him: so that the common man began to mutter, as if there were some Turkish tyranny in design.

On the other side the King was infinitely perplext, and di­stracted with restlesse thoughts, these discontents of the Subject were not still-born, but cryed so lowd as reached to his sacred ears; he studyed all means to disabuse them and remove their jealousies, declaring he disdained to harbour any such unkingly thoughts, and that he had a greater love for them then so, and desired he might at least ease their mindes, seeing he could not (as matters stood with him at present) their purses.

And in truth his exigents were passing great, the King of Den­mark being reduced almost to a despondence, and quitting of his Kingdome, our Garrison governed by Colonel Morgan exceedingly straightned, and the Rochellers crying amain for help.

For the Duke being returned from the Isle of Rhe, the King of France resolved upon a serious and formidable siege against Rochel, [Page 74] and agreeable to the antient advice of Montlue, An. 1573. prosecuted all ways to subdue the Town by Famine, ordered an entire circum­vallation towards the Continent, builded three Forts with many re­doubts upon the entrenchment, whose life was three leagues in cir­cumference, and distant from the town somewhat more then Mus­quet shot; all this to preclude and hinder relief on that side. But what would a Land-obstruction advantage while the Sea adve­nues were open? therefore the Cardinal of Richelieu, who was chief in the manage of that affair, attempted the making of a mighty Barricado, and Travers crosse the Channel, in length about fourteen hundred yards, leaving a space in the middle for the flux and reflux of the Sea.

The Rochellers perceived by the scantling and grandure of this The Rochellers crave the Kings aide. preparation, the natural issue could be no other then their ruine, unlesse they should render it abortive by some counter-plot: this their distresse hurrieth and ferrieth over again Subize and their Deputies to England, to solicite our King for fresh supplies be­fore the prodigious work should be completed; who (good Prince) affected with their miseries, and desirous rather to protect them from being slaves, then to enable them to be Masters, conde­scended to assure them of what assistance he could make. But alas! what could his assistance signifie, who was necessitous as themselves? Did they want Men, Ammunition, Ships? so did he, seeing he wanted that which was all these, Money. And how, where shall that be had? His last borrowing Commissi­ons, was a course so displeasing to the subject, as would not ad­mit of re-petition, and it would prove an odde payment of that Loans arrears to demand another. But the King was now the Subject of a greater Potentate then himself, Necessity; and this ne­cessity put him upon several projects. First he borroweth of the Common Councel of London one hundred and twenty thousand pounds, for which and other debts he assures unto them twenty one thousand pounds per annum of his own lands, and of the East-India Company thirty thousand pounds, and yet he wants: Next privy Seals are sent out by hundreds, and a new way of Levy by Excise, resolved upon to be executed by Commission, dated the 3. of February, and yet he wants. But the best and most ta­king project of all, was a Parliament; whereby he hoped not only to supply his necessities, but also to give some better repose to his troubled spirit; for he felt no inward contentment, whilest he the Head, and his Subjects the Body, were at distance, or like intersects and flies, tack't together by a mathematical line & imaginary thread; therefore he seriously resolved for his part to frame and dispose himself to such obliging complacence and compliance, as might re-consolidate them by continuity of affection: This Parliament was summoned to meet upon the 17. of March, and the writs be­ing A Parliament called. [Page 75] issued our, the Loan-Recusants appeared the only men in the peoples affections; none thought worthy of a Patriots title, but they who were under restraint upon that account; so that the far greater number of the Parliament was formed of them, and as their sufferings had made them of eminent remark for noble courage, so did they for external respects appear the gallantest assembly that ever those wals immured, they having estates, mo­destly estimated, able to buy the House of Peers, (the King ex­cepted) though one hundred and eighteen, thrice over. Thus were all things strangely turned in a trice topside t' other way, they who lately were confined as prisoners, are now not only free, but petty Lords and Masters, yea and petty Kings.

Some few dayes before the Session, a notable discovery was A notable nest of Jesuites dis­covered. made of a Colledge of Iesuites at Clerkenwell. The first infor­mation was given by one Crosse, a messenger to Secretary Coke, who sent a Warrant to Justice Long dwelling neer, enjoyning him to take some Constables and other ayd with him; and forth­with to beset the house and apprehend the Iesuites: Entring the first door, they found at a stairs foot, a man and woman standing, who told them, My Masters, take heed you goe not up the stairs, for there are above many resolute and valiant men, who are well pro­vided with swords and pistols, and will lose their lives rather then yeeld, therefore if you love your lives be gone. The Constables took their counsel, and like cowardly Buzzards went their way, and told Secretary Coke the danger: whereupon the Se­cretary sent the Sheriff to attach them, who coming with a formidable power found all the holy Foxes retired, and sneakt away; but after long search their place of security was found out, it being a lobby behinde a new brick wall wainscotted over, which being demolisht, they were presently unkennell'd to the number of ten. They found also divers letters from the Pope to them, empowering them to erect this Colledge under the name of Domus Probationis (but it proved Reprobationis) Sancti Ignatii; and their books of accounts, whereby it appeared they had five hundred pounds per annum contribution from their Benefactors, and had purchased four hundred and fifty pounds per annum; they had a Chappel, Library, and other roomes of necessary accommodation with houshold utensils and implements marked with ✚ S. What became of those Jesuites will fall in after­ward, and what would have become of the Secretary for his double diligence in their prosecution, you should have heard, had not the Duke been cut off, by an end untimely to himself, timely to the popular gust.

The Parliament being met, the King began thus to them;

[Page 76]
My Lords and Gentlemen,

These times are for Action, for Action I say, not for Words, therefore I shall use but a The Kings speech. few; and (as Kings are said to be exemplary to their Subjects, so) I wish you would imi­tate me in this, and use as few, falling upon speedy consultation. No man is I conceive such a stranger to the Common necessity as to expostulate the cause of this meeting, and not to think supply to be the end of it; and as this necessity is the product and conse­quent of your advice, so the true Religion, the Laws and Liberties of this State, and just defence of our Friends and Allies, being so considerably concern'd, will be I hope argu­ments enough to perswade supply; for if it be, as most true it is, both my duty and yours to preserve this Church and Com­mon-wealth, this exigent time of certain­ly requires it.

In this time of common danger, I have taken the most ancient, speedy, and best way for supply, by calling you together. If (which God forbid) in not contributing what may answer the quality of my occasions, you doe not your duties, it shall suffice I have done mine, in the conscience whereof I shall rest content, and take some other course, for which God hath impowered me, to save that which [Page 77] the folly of particular men might hazard to lose.

Take not this as a menace (for I scorn to threaten my inferiors) but as an admoni­tion from him who is tyed, both by nature and duty, to provide for your preservati­ons; and I hope, though I thus speak, your demeanors will be such, as shall oblige me in thankfulnesse to meet you oftner, then which nothing shal be more pleasing to me.

Remembring the distractions of our last meeting, you may suppose I have no confidence of good successe at this time, but be assured, I shall freely forget and for­give what is past, hoping you will follow that sacred advice lately inculcated, to main­tain the unity of the spirit in the bond of peace.

The Parliament seemed at first exceeding prompt to close with the Kings desires, and as complyingly disposed as could be wished. 1628. But they had not forgot the many pressures which made the the subject groan: something they must do for them who sent, as well as for him who called them thither: and to anticipate all dispute in point of precedence between the Subjects grievances and the Kings supplies, they made an Order that both should proceed pari passu, cheek by joul. Upon full consideration of the Kings wants, they presently and cheerfully agreed to give him The Parlia­ment grant liberally. five Subsidies: whereof Secretary Coke was the first Evangelist, and bearer of that good newes to the King; who received it with wondrous joy, and asked the Secretary by how many voices it was carryed; Sir Iohn replyed, but by one; at which per­ceiving the Kings countenance to change, Sir, said he, your Ma­jesty hath the greater cause to rejoyce, for the House was so unani­mous therein, as they made but one voice; whereupon the King wept, and bad the Secretary tell them, he would deny them no­thing of their liberties, which any of his predecessors had granted.

[Page 78] The stream of affairs running thus smoothly without the least wrinkle of discontent on either side, the House of Commons first Ann. Christi 1628 insisted upon the personall freedome of the people, and resol­ved for Law, That no free man ought to be imprisoned either by the King or Councell, without a legal cause alledged; this opi­nion The subjects li­berty under de­bate. of the House was reported to the Lords at a conference by Sir Edward Coke, Sir Dudly Diggs, Mr. Selden, and Mr. Little­ton, Sir Dudly Diggs citing Acts 25. ver. 27. It seemeth an un­reasonable thing, to send a prisoner, and not withal to signifie the crimes laid against him.

This businesse stuck very much in the Lords House, who were The Lords nice in the bu­sinesse. willing that the nails should be pared, not the hands tyed of the Prerogative; severall and great debates there were about it, the Atturney pleading eagerly, though impertinently for the King; and the ancient Records were so direct for the people, and so strongly enforced, as the Atturney had no more to say, but, I refer my self to the judgement of the Lords. And when these Lords were to give judgement concerning it, the Ducal or Royal party (for they were both one) were so prevalent, as they who leaned the other way, durst not abide the tryal by vote, but cal­ling the Lord Keeper down, moulded the House into a Committee, untill the Lord Say made a motion, That they who stood for the Liberties, (being effective about fifty) might make their protesta­tion, and that to be upon record, and that the other opposite party should also, with subscription of their names, enter their reasons to remain upon Record, that posterity might not be to seek, who they were, who so ignobly betrayed the freedome of our nation, and that this done, they should proceed to vote. At which the Court-party were so daunted, as they durst not mutter a syllable against it.

Personal liberty being thus setled, next they fall upon the liber­ty of goods, the unbilleting of Souldiers and nulling of Martiall Law in times of peace, and finding Magna Charta and six other Statutes explanatory of it, to be expresly on their side, they pe­tition the King to graut them the benefit of them; whereupon he declared himself by the Lord Keeper to them, That he did hold the statutes of Magna Charta and the six other insisted upon for the subjects liberty to be all in force, and assured them that he would maintain all his subjects in the just freedome of their persons, and safety of estates. And that he would govern accor­ding to the Lawes and Statutes of the Realm; and that his peo­ple should finde as much security in his royall word and pro­mise, as in any lawes they could made. So that hereafter they should have no cause to complain, and therefore he desired no doubt nor distrust might possesse any man, but that they would proceed speedily and unanimously on with their businesse.

This Message begat a new question, Whether, or no, his Majesty [Page 79] should be trusted upon his word. Some thought it needlesse, be­cause his Oath at the Coronation binding him to maintain the Lawes of the Land, that Oath was as strong as any royall word could be; Others were of opinion, that should it be put to vote, and carryed in the negative, it would be infinitely dishonoura­ble to him in forein parts, who would be ready to say, The Peo­ple of England would not trust the King. At length in the height of this dispute stands up Sir Edward Coke, and thus infor­med the House, We sit now in Parliament, and therefore must take his Majesties word no otherwise then in a Parliamentary way, that is, the King sitting on his Throne in his Robes, his Crown on his Head, his Scepter in his hand, in full Parliament, that is, both Houses be­ing present; all these circumstances observed, and his assert being entred upon record, make his royall word the word of a King in Parliament, and not a word delivered in a chamber, or at second hand by the mouth of a Secretary, or Lord Keeper. Therefore his motion was, That the House should (more Majorum) according to the custome of their Predecessors, draw a Petition (de Droict) of Right to his Majesty, which being confirmed by both Houses and assented to by the King, would be as firm an Act as any.

This judgement of so great a Father in the Law, at this time The Petition of Right. ruled all the House, and accordingly a Petition was framed, and at a conference presented to the Lords, the substance where­of after the recitall of severall Statutes relating to the privilege of the subject, was reduced to these four Heads:

1. They do pray your most excellent Majesty, that no man hereafter be compelled to make or yeeld any Gift, Loan, Benevolence, Tax or such like charge, without common consent by Act of Parliament; and that none be called to make answer, or to take such oath, or to give attendance, or be confin'd, or other­wise molested, or disquieted concerning the same, or for refusall thereof.

2. And that no freeman be taken, and imprisoned, or be disseised of his free-hold or liberty, or his free customes, or be out-lawed or exiled, but by the law­full judgement of his Peers, or by the law of the Land.

3. And that your Majesty would be pleased to re­move the Souldiers and Mariners now Billetted in [Page 80] divers Counties, and that your people may not be so bur­thened in time to come.

4. That the late Commissions for proceeding by Marshal-law may be revoked and annulled, and that hereafter no Commission of like nature may issue forth to any person or persons whatsoever to be executed, test by colour of them any of your Majesties subjects be destroyed, and put to death contrary to law and the franchises of the land.

All which they most humbly pray of your most ex­cellent Majesty, as their rights and liberties accor­ding to the Lawes and Statutes of this Realm, And that your Majesty would also vouchsafe to declare, that all awards, doings, or proceedings to the pre­judice of your People, shall not be drawn hereafter into consequence and example.

The passe of this Petition was a great while disputed earnest­ly between the Lords and Commons; the Lords had a more concer­ning interest in the Prerogative, as that which gave them their first existence, and present subsistence; and this Petition they thought would detrunck too much, and some thought strike at the very root of that Prerogative, so that they suspended their assent; yet because they would seem not altogether to abandon the Publique, they model'd an Addition of Saving (as they called it) and desired the Commons it might be adnexed to the Peti­tion; the addition was, We present this our humble Petition to your Majesty, not only with care to preserve our own liberties, but with regard to leave intire that Soveraign Power, wherewith your Majesty is trusted for the protection, safety, and happinesse of your people.

This addition would not down with the Commons, who ima­gined it would make the Petition so much Royalist, as it would sig­nifie nothing, as to the subjects benefit, and would prove felo de se, self-destructive. A conference was had with the Lords, and Mr. Noy sent to signifie the reasons and resolutions of the lower House, but the Peers received little satisfaction; thereupon a second was desired, and being managed by Sir Henry Martin, and Serjeant Glanvile; at length the Lords were perswaded to comply: then it was presented to the King without any such saving label. His Majesty desired time to consider of it, yet [Page 81] did not long delay them; for as his own gracious inclination disposed him to give much, so he thought it expedient in that conjunction of time, to give more for expedition in reference to his necessary supplies, and within five daies after gave them this ensuing answer.

The King willeth that right be done accor­ding to the Lawes and Customes of the Realm, The Kings first Answer. and that the Statutes be put in due execution, that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Right and Liberties, to the preservation where­of he holds himself in conscience as well obliged as of his Prerogative.

The King was confident this Answer would have pleased to purpose, for as he was far from any mental reservation or equi­vocation, so was he studious it should be worded adequate to their desires, and was astonisht to hear it was not satisfactory; but it seems it was too elaborate, and that the King had put too much cost into it; for the sense was not, it seems, the essence; and though the matter was sans exception, yet because not agree­able to the usuall mode, disliked, for formality was the for­mall part of it; therefore the Parliament agreed to petition for a new Answer of the old model, but before that Petition was framed, his Majesty unexpectedly surprised them with this Speech.

The Answer I have already given you was His second Answer. made with so good deliberation, and approved by the judgement of so many wise men, that I could not have imagined but that it should have given you full satisfaction; but to avoid all am­biguous interpretations, and to shew you there is no doublenesse in my meaning, I am willing to please you in words as well as in substance. Read your Petition, and you shall have [Page 82] an Answer that I am sure will please you.

The Petition being read, his Majesty answered,

Le droict soit faict comme il est desire. This I am sure is full, yet no more then I gran­ted you in my first answer; you see now, how ready I have shewed my self to satisfie your de­mands, so that I have done my part, wherefore if this Parliament hath not an happy conclu­sion, the sin is yours, I am free.

The King having ended, the Houses testified their joy with a mighty shout, and presently the Bels rung and Bone-fires were kindled all the city over; nor was the true cause so distinctly known; for many apprehended at first, that the King had de­livered the Duke up to them to be sent to the Tower, upon which misprision some said the Scaffold on Tower-hill was instantly pulled down, the people saying, His Grace should have a new one.

It was also said, that the House of Lords made suite to the King upon this happy accord, that he would be pleased to re­ceive into Grace those Lords who were in former disfavour, which he readily yeelded to, and admitted the Lord Arch-bi­shop of Canterbury, Bishop of Lincoln, the Earls of Essex, Lin­coln, Warwick, Bristow, and the Lord Say to kisse his hand.

The Petition thus granted, the Commissions of Loan and Ex­cise were instantly out-lawed, and at the entreaty of the House of Peers cancelled in the Kings presence. Having thus secured the Faults, they removed to the Faulty; and resolved upon a large Remonstrance to the King, ripping up both the grievances them­selves and the authors of them. This Remonstrance consisted of six branches, in sum these:

1. The danger of Innovation and alteration in Re­ligion. The Parlia­ments Remon­strance. This occasioned by, 1. The great esteem and favours many professors of the Romish Religion re­ceive at Court. 2. Their publique resort to Masse at Denmark House, contrary to his Majesties answer to the Parliaments Petition at Oxford. 3. The Letters [Page 83] for stay of proceedings against them. Lastly, the daily growth of the Arminian faction favoured and protected by Nele Bishop of Winchester, and Laud Bishop of Bathe and Wels, whilest the Orthodox party are silenced or discountenanced.

2. The danger of Innovation, and alteration in Go­vernment occasioned by the Billeting of Souldiers, by the Commission for procuring one thousand German Horse and Riders, as for the defence of the Kingdome, by a standing Commission granted to the Duke to be General at land in times of peace.

3. Dysasters of our Designes, as the expedition to the Isle of Rhe, and that lately to Rochel, wherein the English have purchased their dishonor with the waste of a million of treasure.

4. The want of Ammunition occasioned by the late selling away of thirty six Last of Powder.

5. The decay of Trade by the losse of three hundred ships taken by the Dunkyrkers and Pirates within these three last years.

6. The not guarding the narrow Seas, whereby his Majesty hath almost lost the Regality.

Of all which evils and dangers the principal cause is the Duke of Buckingham his excessive power, and abuse of that power. And therefore they humbly submit it to his Majesties wisdome, whether it can be safe for himself, or his Kingdome, that so great power both by Sea and Land as rests in him, should be trusted in the hands of any one Subject whatsoever.

This Remonstrance being finished on Tuesday, Iune 17. they presented it, as an appendix, with the Bill of Subsidies to the King in the Banqueting house, who having heard it out, told them he little expected such a Remonstrance, after he had so graciously passed the Petition of Right; as for their grievances he would consider of them as they should deserve. Some say that at his passage out, the King gave the Duke his hand to kisse, which others only suppose was no more then the Dukes low congie to his Ma­jesties hand.

[Page 84] It is also reported, that the King being informed that Mr. Denzil Hollis had an hand in this Remonstrance, he replyed in the words of Iulius Caesar, Et tu Brute! I wonder at it, for we two were fellow Re­vellers in a Masque together.

Some unkindnesse also happened between the Lords and Com­mons concerning the Bill of Subsidies, in the grant whereof the Com­mons had either industriously excluded, or incuriously omitted these words, The Lords, Spiritual and Temporal; and the Lords expostu­lating with indignation the cause of their omission, answer was re­turned, That some Acts had heretofore passed so, yet neverthelesse, if their Lordships would return the Bill, their names should, if they pleased, be inserted: whereat the Lords in some anger said, And are not we as able to put them in our selves, as they were to leave us out?

Three days before this, Dr. Manwaring was questioned for some seditious passages in two Sermons preached, one before the King, the Dr. Manwaring questioned; other at his own Parochial Church, wherein he asserted,

1. That the Kings Royal command in imposing without common consent in Parliament Taxes and Loanes, doth so far bind the consci­ence of the Subjects of this Kingdome, that they cannot refuse the payment of them, without perill of eternal damnation.

2. That Authority of Parliament is not necessary for the raising aides and Subsidies.

These things being too evident to be denyed, and too grosse to admit of qualification, his sentence was; And censured.

  • 1. Inprisonment during the pleasure of the House.
  • 2. Fine one thousand pound to the King.
  • 3. To make such submission and acknowledgment of his offences as shall be set down by a Committee in writing, both at the Bar of the Lords House, and at the House of Commons.
  • 4. To be suspended for three years from the exercise of the Mi­nistery.
  • 5. To be disabled from ever preaching at Court hereafter.
  • 6. To be disabled for ever from having any Ecclesiastical dignity or secular Office.
  • 7. That as his Book is worthy to be burnt, so his Majesty may be moved to grant a Proclamation for the calling it in, as also for the burning of it.

According to the third member of which sentence two days after he made his submission on his knees.

Whilst the Parliament was busie about this Doctor, the King was as busie about their late Remonstrance, to which he formed a for­mal answer, traversing and denying all their charge, wherewith the Commons, being somewhat irritated, (for it was a smart one) fell down-right upon another Remonstrance against Tonnage and Poun­dage. But the King was unwilling to hear of any more Remon­strances of that nature, therefore resolved to frustrate it by Proro­guing [Page 85] of the Parliament unto October the 20. Iune the 26. being the last of this Session, his Majesty calling both houses together, be­fore his Royal assent to the Bils, delivered his mind as followeth.

My Lords and Gentlemen,

IT may seem strange that I come so suddainly to end this Session, therefore before I give my assent to the Bils, I will tell you the cause, though I must avow I ow an account of my actions to none but God alone. It is known to every one that a while agoe the House of Commons gave me a Remon­strance, how acceptable every man may judge, and for the merit of it I will not call that in question, for I am sure no wise man can justifie it.

Now since I am certainly informed that a second Remonstrance is preparing for me, to take away my profit of Tonnage and Poundage (one of the chief maintenances of the Crown) by alledging that I have given away my right thereof, by my Answer to your Petition.

This is so prejudicial to me, as I am forced to end this Session some few hours before I meant it, being willing not to receive any more Remonstrances, to which I must give an harsh Answer.

And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition, lest it be worse inter­preted in the Country, I will now make a Decla­ration concerning the true intent thereof.

The Profession of both Houses, in the time of [Page 86] hammering this Petition, was no wayes to trench upon my Prerogative, saying, They had neither intention, nor power to hurt it.

Therefore it must needs be conceived that I have granted no new, but only confirmed the ancient Liberties of my Subjects. Yet to shew the clearnesse of my intentions, that I neither repent nor mean to re-cede from any thing I have promised you, I do here declare, That those things which have been done, whereby men had cause to suspect the Liberty of the Subject to be trencht upon (which indeed was the true and first ground of the Peti­tion) shall not hereafter be drawn into example for your prejudice; And in time to come (in the word of a King) you shall not have the like cause to complain.

But as for Tonnage and Poundage, it is a thing I cannot want, and was never intended by you to aske, never meant (I am sure) by me to grant.

To conclude, I command you all that are here, to take notice of what I have spoken at this time, to be the true intent and meaning of what I granted you in your Petition; But especially you my Lords the Iudges, for to you only under me belongs the interpretation of the Laws, for none of the Houses of Parliament joynt, or separate (what new do­ctrine soever may be raised) have any power, either to make, or declare a Law without my consent.

[Page 87] The Parliament being thus prorogued, the Commons were ex­ceedingly male-content, for they desired only a Recesse, and Ad­journment, whereby all matters then depending, might be found in the same station and condition at their next meeting, wherein they at that present left them.

This Session were enacted these Lawes:

1. For further reformation of divers abuses committed on the Lords-day, commonly called Sunday.

2. To restrain the passing or sending of any to be Popishly bred be­yond the Seas.

3. For the better suppressing of unlicensed Ale-house keepers.

4. For continuance and Repeal of divers Statutes.

5. For the establishing of the Estates of the Tenants of Brumfield and Yale in the County of Denbigh, and of the Tenures, Rents and services thereupon reserved, according to a late composition made for the same with the King then Prince of Wales.

6. For the confirmation of the Subsidies granted by the Clergy.

7. For the grant of five entire Subsidies, granted by the Temporality.

But above all famous to all posterity is this Session, for his Ma­jesties gracious answer to that gallant Standard of common Liber­ty, the Petition of Right. Never did Arbitrary power since Monar­chy first founded, so submittere fasces, so vail its Scepter; never did the Prerogative descend so much from perch to popular lure, as by that concession, a Concession able to give satisfaction, even to supererogation, for what was amisse in all the Kings by-past Go­vernment.

During this Session many things occurred worthy to be recor­ded, which because forein to the Parliament affairs I reserved as a Postscript: being loth to make a simultaneous meddly of various actions, shuffled together without dependence upon either antece­dent or subsequent narrations.

May the 8. the Earl of Denbigh as Admiral set sail from Ply­mouth, The relief of Rochel attemp­ted, but in vain. with about fifty sail of tall ships, for the relief of Rochel, and being scanted in Mariners he was enforced to take in two thousand two hundred land men, who should be amphibious, serving partly for sea-men, and partly for land-souldiers: with this power he made an attempt toward the relief of the Town, but was repelled much to our losse, but more to our dishonour; so as he presently betook himself to a speedy return, arriving at Plymouth the 26. of the same month. The supposed author of this dysaster was one Clark a Bedchamber man, and a chief Commissioner in all our former improsperous expeditions: who, because a supposed Papist, was conceived to have industriously betrayed us to this and former miscarriages.

[Page 88] The same month, but with greater honour was Stoadt our English Garrison, some twenty miles from Hamborough on the other side of the Elbe, given up to the Imperialists, Sir Charles Morgan having bravely and stoutly defended it: the conditions were, that the Gar­rison Stoadt sur­rendered. souldiers should never bear arms against the Emperour, but at the command of their own King.

Iune the 13. Doctor Lamb suffered for the testimony of a lewd Dr. Lamb his exemplary death. conversation. Having been at a Play-house, at his return some boyes began to affront him, and call him the Dukes Devil, where­upon he hired some to guard him home, and taking in at a Cooks shop where he supt, the people watcht his coming out, but he was so strongly guarded as they durst not venture on him; then he went to the wind-mill Tavern in Lothbury, and at length coming forth, the tumult being much encreased, gave the onset, and assaulted him, so as he was forced to take refuge in the next house, but the enraged multitude threatned to pull down the house unlesse Lamb were speedily delivered to them. The Ma­ster of the house was a Lawyer, and fearing some sad comsequence of this uproar, discreetly sends for four Constables to guard him out. But the furious multitude flew at him, in the midst of his auxiliaries, struck him down, and malled him with a vengeance, so as they beat out one of his eyes, and left him half dead upon the place. In this plight he was carryed into the Counter in the Poultery, no other house being willing to receive him, where the next morning he changed this life either for a better or for a worse.

A most infamous and gracelesse wretch he was, twice had he been arraigned, once for a witch, and practising his hellish art upon the Lord Windsor, another time for a rape at the Kings­bench-barre at Westminster, where to the astonishment of all then present, he proceeded to such prodigious insolence as to say in the audience of the hole Court, I wonder any should think I would com­mit such an act upon so despicable a creature as this (meaning his accuser) when had I been so disposed, I could have had my choise of the handsomest Ladies in the Court. Some considerable circumstances must not be forgot, by reason of their synapsis, their coherence with this relation.

It is certain, that not full a year before, he foretold, that he should perish in the streets by the fury of the people. Some say, that when the multitude were belabouring him with stones, and cudgels, they said, that were his master the Duke there, they would give him as much.

Some things also were of ominous observation in reference to the Duke; for on the same day that Lamb was slain, the Dukes picture fell down in the high Commission Chamber at Lambeth. But that which was most notable, was, that when [Page 89] these and the like accidents were spoke of as foreboding some­thing of present fatality to the Duke in the Lady Davis her hearing; she, for certain, reply'd, No, his time is not come till Au­gust. This added to her former prediction concerning this Par­liament, and both verifi'd in the event, rear'd the Lady up the fame of a great Prophetesse: and yet this could be in the very Devill himself, but a nude conjecture; for though he had found the mindes of men very susceptible of, and disposed to receive a temptation to such a fact, which he was resolved to suggest at that time; yet that the act itself should be executed precisely then, guesse he might, prognosticate he could not; for in things determined in their naturall causalities to certain and definite effects, not only Devils but wise men, where miracle interpo­seth not, may infallibly divine the products: but in things contin­gent upon free and voluntary agents, all the Devils in hell can but blunder.

On the Munday after the Lord Maior and Aldermen of the City were sent for to appear at the Councell Table, and to give an account of the uproar about Lamb, and were threatned, that unlesse they discovered and rendred up the Malefactors, they should sorfeit their Charter, and in the upshot were fined, as was reported, Six thousand pounds.

This Session ended, the King finding as he thought so male­volent a glosse started from his late Act of Grace, conceived it stood him in hand to stand upon his guard, and to make the best improvement of the small remnant of Prerogative which he had left; to which purpose instruments of working and active brains were sought out, and finding the Earl of Marlborough the Earl of Marl­borough remo­ved. then Lord Treasurer too dull and phlegmatick for his imploy­ment, he removed him and lifted up the late Lorded Sir Ri­chard Weston into his place, a man of most accomplisht quali­fications Sir Richard Weston prefer­red. for his design, and about the same time dignified Sir Thomas Wentworth of York-shire with a Barony, though one of the late Committee in forming the unpleasing Remonstrance, and a stickler against the Prerogative, but this beam of Majesty as it did heat, so did it soften the temper of the man, so as he became thence forward most flexible to his service.

In the beginning of August came forth a Proclamation against Papists, but especially against Jesuits and Priests, a sort of men in the state of England, like the Mathematicians, and Astrologers under Genus homi­num quod in ci vitate nostra & vetabitur sem­per & retinebi­ter, Taeit. Hist. 1. the Roman Empire, alwayes, as the Historian saies, banished, yet al­wayes staid behind.

But the great businesse of this vacation was the setting forth a third Fleet for Rochel, then which there never appeared a more gallāt Armado formed by our Nation, and because so noble a preparation must be sutably commanded, the Duke resolved to give the venture once more.

[Page 90] But whilest he was in pursuit of this enterprise, he was rapp'd and hurried into another world by an abrupt and untimely death.

For on the Vigil, the Eve of St. Bartholomew, the 23 of Au­gust, being at breakfast at Portsmouth with Soubize, and others The Duke murdered. of principall quality, one Iohn Felton (sometimes a Lieutenant to a Foot Company in the Regiment of Sir Iohn Ramsey) who had but about a week before meditated the act, but had not yet contrived the means, sneaks into the chamber, vigilant to ob­serve every opportunity serviceable for his purpose, and finding the Duke ready to rise from the table, he withdrawes into an entry, through which the Duke was to passe, who coming by with Sir Thomas Frier (to whom he declined his ear in the po­sture of attention) in the very instant of Sir Thomas his retiring from the Duke, Felton, with a back-blow, stabb'd him on the left side into the very heart, leaving the knife, a ten penny coutel, in his body. The Earl of Cleveland and some others who were in the hearing of the thump, reported, that the most religious murderer, in the very act of striking, said, Lord have mercy on thy Soul; a speech, which the Duke had scarce ability to say for himself, for pulling the knife out, presently, the orifice being wide, there streamed such an effusion of bloud, and consequent­ly such an emission of spirits, as he only was heard to say (some report with an oath) The villain hath killed me, and then expi­red. All this while the assasinate pass'd undiscovered (a faire advantage had he been studious of escape) and the general voice passing currant up and down, that he was a French-man, Felton like an ingenuous villain, with an undaunted courage, avowed himself the author of it. Many are said to be his instigations to this execrable act. He had long and in vain attended for his ar­rears of pay due for former service. Again, he was twice repulsed upon his Petition for a Captains place, and others super-inducted over his head. It was thought these extimulated and whetted him on to rancour, and it is like he had prejudica­ted some such construction would be made of it, and conceiving the supposition of private revenge would infame and blemish the glory of the exploit, presuming he should encounter inevitable destructi­on, he stitched a paper to the lining of his hat, wherein he declared, his only motive to the fact was, the late Remonstrance of the Com­mons against the Duke, and that he could not sacrifice his life in a nobler cause, then by delivering his Countrey from so great an enemy.

Two things, as especially, and almost singularly observable after his fall may not be omitted.

First, no sooner had he expired his last, and his body shifted in­to Things me­morable af­ter his fall. another room, but the Corps was totally abandoned, not a living [Page 91] soul was to be seen a great while in either chamber, that where he dyed, or that whereinto he was removed; either bycause they durst not trust fancy with a spectacle so horrid, or bycause they fea­red some further assasination. The like fate, if History be truly informed, attended the Body of our first Norman King.

Secondly, that the first news thereof finding his Majesty (then about four miles distant) at his publique devotions, he received it without the least emotion of spirit or discomposure of counte­nance: which equanimity some imputed to his steady intenti­on upon that sacred duty: others thought that though he disliked the mode and way of his dispatch, yet with the thing he was well enough pleased, as if providence had thereby rid him of the Subject of his so great perplexity, whom he could not pre­serve with safety, nor desert with honour. But these were soon con­vinced of their errour, when they observed his Majesty treat his re­lations with so intense respect.

But whatsoever satisfaction the King received thereby, certain The Com­mons rejoyce. it is, it pleased the Common man too well; for though Chri­stianity and the Law found the act murther, yet in vulgar sense it rather past for an execution of a Malefactor, and an admi­nistration of that justice dispensed from heaven, which they thought was denied on earth. And bycause all those stormes at publique miscarriages generated in the lower Region of the Parlia­ment, had of late been terminated in him, as their grand efficient, every man would now be wise and fore-speak fair weather, and har­mony between the King and Subject, how truly a few moneths will discover.

His leaving a Will behind him, imports he did somewhat His Will. premeditate death. Therein he bequeathed to his Duchesse the fourth part of his Lands for her Joynture. His debts amoun­ted to sixty one thousand pounds, his Jewels (most belong­ing to the late Queen) were prized at three hundred thousand pounds.

His Funerall was nothing solemn, his body being interred His Funerall. clandestinely the 25 of September, attended with about an hundred mourners. The Heralds were indeed sent for by the Lord Trea­surer a week before to project a sumptuous funerall for him, and according to order they brought in large proportions, it was thought exceeding those in the Obsequies of King Iames. But at length, upon second thoughts, the Treasurer told the King, Such pompe would prove but an houres shew, and that it were more for his glory to erect him a stately Monument which he might do for half the cost. The King liked the motion well, and after the Dukes Buriall, put the Treasurer in minde of what he had contrived, wishing him to see it done; then the [Page 92] Treasurer reply'd, Sir, I would be loath to tell your Majesty, what the World would say both here, and abroad, if you should raise a Monument for the Duke, before you erect one for your Father. Whether this clearly and cunning diversion flowed from the Treasurer his no singular good will to the Duke, or from a provident regard to his Masters purse, let others de­termine.

Thus fell this miracle of grandure in the 36 year of his age, His Character. a race he might, in the ordinary rode of nature, have doubled. A Gentleman he was of that choice and curious make for exte­riour shape, as if Nature had not in his hole frame drawn one line amisse; nor was his fabrique raised by soft and limber stud, but sturdy and virile. His intellectuals gained him rather the opini­on of a wise man, then of a wit. His skill in letters very mean, for finding nature more indulgent to him in the ornaments of the body, then of the minde, the tendency of his youthfull genius, was rather to improve these excellencies, wherein his choice felicity consisted, then to addict himself to morose and sullen bookishnesse, therefore his chief exercises were, Dancing, Fencing, Vaulting, and the like, as indications of strenuous agility: yet could he have foreseen where all the climacteries and motions of his advance should have terminated, that from no more then a meer Gentleman, it should be his luck to vault into the Dignity of a Duke, and trust of a privie Counsellor, we may presume his early studies would not have cast so much neglect upon a thing so important to him as a Statesman, though not very fashiona­ble as a Courtier. The temperature of his mind was, as to morall habits, rather disposed to good then bad; his deport­ment was most affable and debonair, a rare example in one raised so high, and so speedily: to his relations liberall, firme to his friend, formidable to his enemy. From venereal excur­sions I cannot totally acquit him, He was a Courtier and young man, a Profession and Age, prone to such desires, as when they tend to the shedding of no mans bloud, to the ruine of no Family, humanity sometimes connives at though she never approves. Of his Religion, they who write most in favour of him speak little, whereof if he was too incuri­ous, His condition the more deplorable, when surprised by so suddain a death as afforded him not the respiration of auricular contrition. But seeing God is accostable by in­organicall and inaudible ejaculations, and no time is too short to exclude such an infinite mercy, charity wils we hope the best.

This Tragique accident of the Dukes did so little impede the The last at­tempt toward Rochels relief. motion of the Fleet, as it is a question whether or no it did at all re­tard it: for the King did with such personal assiduity, such dili­gence [Page 93] hasten the furnishing of it with all necessaries both of provi­sion and munition, as he dispatcht more of concernment to it in ten or twelve dayes then the Duke did in so many moneths before, so that on the eighth of September following departed from Ports­mouth the Earl of Lindsey, (a Gentleman full of gallantry and courage) commanding in chief: but before his coming the Cardinal had fiaisht his prodigious Boorn and Barricado, through which it was impossible to break. Many and brave attempts (though some of his Captains flincht, either in resolution, or obedience) he had made, and the last began to promise hopes of good successe, for the foremost sh [...]ps came up to the very mouth of the bar, and when they were ready to enter the passe, the winde at that very moment whisled about into an opposite point, and drave them dangerously foul one upon another. This the Rochel rende­red. Rochellers observing from the wals, gave all for lost, and presently set open their gates; sending out their principall men, not as Com­missioners to treat, but as submissive Missives humbly to implore the Kings mercy: which Lewes most compassionately granted them, and entred the City, Octob. the 18 in so civil a discipline, as not the least outrage was committed: indeed famine, and other martiall calamities had made havock enough before, four thousand being only the remains of twenty two thousand soules. The mighty works of fortification were instantly slighted, and the Town suffering a metastrophe, change of name as well as na­ture, was ordered to be called from the Queen Mother Borgo Maria.

Rochel thus surrendred, set our Fleet at liberty, so having nothing more to do, the Earl plies him home.

During this last expedition news came to our King of some damage we had sustained, and as bad news could not be wel­come to him, so was he loth to hear it from his Parliament, and from them he questioned not but to hear what ever untowardly befell, should they sit according to their first intention; there­fore hoping the event would render them more pleasing dis­course, he adjourned the meeting till Ianuary the 20. In the interim there were severall emergences and occurrences which would give them their hands full. For the generality of the Merchants both of the Turkey and the East-India Company refused to pay a penny, under the notion of Tonnage and Poundage, which caused a mighty contest betwixt the King and them, he urging the practise of his Predecessors in taking, they the validity of the Petition of Right in denying, so that divers of their goods were seised.

November 18 about four in the morning a lamentable fire seised Wimbleton house burnt. upon the Lord Wimbletons house in the Strand, it being then the lodging of the States Lieger Ambassador, which consumed and de­molisht [Page 94] it with all the rich furniture and utensils to the ground; so fe­rocient and impetuous it was, as the Ambassadour, his wife and chil­dren hardly, though half naked, escaped; all their other apparel, Jewels, money, &c. yea even the Commission it self perisht in the combustion. Who was the incendiary, or how this calamity was occasioned no man could tell, most thought it was an effect of the Dutch disorders the night before, who were notably tippled with feasting and jollities for a great prize taken by their Masters from the Spaniards neer the Bay of Matansa, worth a million and a half of treasure. This accident was the more remarkable, because that very night that very Lords Countrey house in Surrey was a great part blown up by a Candle-spark falling into a barrel of gun­powder, which a maid mistook for Soap.

Novemb. the 29. Felton having been arraigned, and found guil­ty Felton execu­ted. at the Kings Bench, suffered at Tiburn. His confession was as sin­cere, and full of remorse as could be wished; the fact he much de­tested, and renounced his former errour in conceiving it would be his glory to sacrifice himself for his Countreys good: and whereas other motives were suggested by report, he protested upon his salvation, that he had no other inducement then the Parliaments Remonstrance. His body was from thence transmitted to Portsmouth, and there hung in chains, but soon stoln and conveighed away Gib­bet and all, by some either well affected to him, or ill inclined to­ward the Duke.

The Parliament was now approaching, and something must be done to please them, and what could better please them then the gracing of their great confident the Archbishop of Canterbury? therefore he was sent for to the Court about Christmas, and from out of his barge received by the Archbishop of York, and Earl of Dorset, by them accompanyed to the King, who giving him his hand to kisse enjoyned him not to fail the Councell Table twice a week. After this Mountagues Book called Appello Caesarem, was called in by Proclamation, and a Declaration prefixt to the thirty nine Articles restraining all dispute on either side concerning the five points controverted.

There was then also published another Proclamation for the A Proclama­tion against Papists. apprehending of Richard Smith the titular Bishop of Chalcedon. This Proclamation, saith Mr. Pryn, was procured at the earnest so­licitation of the Regular Priests in England and Ireland, who vio­lently opposed Dr. Smiths Episcopal Jurisdiction; but Mr. Pryn was much mistaken, for that prosecution was not till the year 1630. as shall be evidenced hereafter. And the impulsive to this pro­ceeding against him, was his endevour to have perverted some poor silly people in Lancashire; where the holy man appeared in his Pontificalibus, (as horned Mitre and Crosier) amongst a company of Geese.

[Page 95] Ianuary the 16. the Lord Doncaster son to the Earl of Carlile, brought very sad news to Court from the Hague, which put the King and all his train into mourning, viz. That Frederique Henry, eldest son to the Palzgrave, was unfortunately drowned in Frederique E­lector son to the Prince Elector drown­ed. the mere of Harlem, his Father the Paltzgrave very narrowly escaping: they were going from the Hague to Amsterdam, out of a desire to see the great Prizes brought in, and entring into an Hoy on Harlem mere, they were benighted, when suddenly rose a violent storm which drave a greater vessel, then riding in the mere, so forci­bly upon them, as stemm'd them; of about twenty persons there were but three saved, all the rest perisht; his Father was dragged out of the mere with an iron hook. The Prince clasped his armes about the mast, cryed out for help, and boats were sent out to relieve him, but the night was dark and the weather so im­petuous as they could not finde him until morning, when they discovered him clinging about the mast, but stark dead; the Prin­cesse his mother was newly brought to bed, when this doleful acci­dent befel her, the news whereof drave her into a most vehe­ment passion.

Ianuary the 20. the Parliament sate, who soon found they were The Parlia­ment meet. like to have work enough: for complaints came thronging in, espe­cially against the Customers for taking and distraining Mer­chants goods for Tonnage and Poundage, which the King ta­king notice of called them to the Banqueting house, and told them;

The occasion of that meeting was a complaint made in the lower House for staying of some mens goods, for denying Tonnage and Poundage, which difference might be soon decided, were his words and actions rightly understood. For if he did not take those duties as appendixes of his Hereditary Prerogative, and had de­clared he challenged them not of right, and only desired to en­joy them by the gift of his people, why did they not passe the Bill, as they promised to him to clear his by-past actions and fu­ture proceedings, especially in this his time of so great ne­cessity?

Therefore he did now expect they should make good what they promised, and put an end to all questions emergent from their delay.

The House of Commons said, that Religion is above policy, God above the King; and that they intended to reform Religion before they ingage in any other consideration; nor was it agreeable to the liberty of consultation to have their transactions prescribed, so that they would for the present lay aside the Bill of Tonnage and Poundage till they thought convenient. And they were as good as their words, for the first thing resolved upon was the appoint­ment of Committees, (which the Courtiers called an Inquisition) Committees appointed. [Page 96] One for Religion, another for Civil affairs, and these to represent the abuses in both.

The Committee for Religion declared, that upon due inspe­ction they found it in a very tottering and declining condition. The dangers which most threatned it were Arminianism and Popery. Religion in danger.

For Arminianism, informations were very pregnant, That, not­withstanding the resolution of the Archbishop of Canterbury, & other reverend Bishops and Divines assembled at Lambeth, Anno 1595. on purpose to deliver & declare their opinions concerning the sense of the 39. Articles in those particulars, unto which resolution the Archbishop of York, and all his Province did then conform in their belief. That notwithstanding those Articles of Lambeth were so well approved of by King Iames, as he first sent them over to the Synod of Dort, as the Doctrine of our Church, where they were asserted by the suffrage of our British Divines, and after that com­mended them to the Convocation held in Ireland to be inserted amongst the Articles of Religion, established An. 1615. and accor­dingly they were.

That notwithstanding formerly many several Recantations enjoyned and Censures inflicted upon the spreaders of those er­rors, those very men so censured in open Parliament, as Mountague, Cozens, Manwaring, and Sibthorpe, had by the procurement and solicitation of Nele Bishop of Winchester, and the Earl of Dorset obtained their pardons under the great Seal, and were not only sheltered under the Lee of Royal favour, but through the pre­valency of the Bishops of Winchester and London, advanced to great preferment, whilest the Orthodox party were depressed, and under inglorious disdain, and the truth they served, was scarce able to protect them to impunity.

The hazard conceived from Rome, and the fear lest Tibur should drown the Thames, floweth from partly the uncontrolled preaching of several points tending and warping that way, by Moun­tague, Goodman, Cozens and others; and from the audacious obtru­ding of divers superstitious ceremonies by the Prelates, as erect­ing of fixed Altars, the dopping and cringing towards them, standing up at Gloria Patri. But these were but part-boyled Popery, but Popery oblique, the greatest danger was from Popery direct.

And from this the danger appeared very great; informations came daily in of the mighty progresse and increase of it within these few years, the contest whereof was proved by these par­ticulars: That (for Ireland) in the City of Dublin, there were lately erected thirteen houses for Priests and Fryers to officiate in, more in number then the Pariochial Churches for the Prote­stants. For Scotland that the Papists have been of late very inso­lent and turbulent there. For England, that in some Counties [Page 97] they are multiplyed to the product of some thousands of families, more then there were in Queen Elizabeth her time; That of those ten who were apprehended at Clarkenwell at the Sessions 3. of De­cember last, three of Treason, and the rest of Premunire, and direct Treason proved against three of them at the Session, Mr. Selden be­ing then present and testifying as much, yet by the artifice of the two chief Lord Justices, Hide, and Richardson, in suppressing Ju­stice Longs evidence, nothing was done against them, save that one was condemned, and the day before Execution was reprieved, by warrant from the Chief Justice, who pretended he did it by the Kings command. Lastly, the excessive resort of Romish Catho­liques to Masse at Somerset house, being so frequent, yet so connived at, and the penalty of Statutes through his Majesties overmuch in­dulgence so dispensed with, little differing from a Toleration.

The Committee appointed for inspection into Civil affairs re­ported, That upon search they finde the Petition of Right printed Abuses in the Civil State. with the Kings first Answer, which gave the Parliament no satis­faction, for which the printer being questioned he confessed upon examination, that during the first Session of this Parliament one thousand five hundred copies were printed authentique, and with­out that addition, and that since that Session he had order from the Atturney General to reprint it with that addition. That many Mer­chants have had their goods seised, and informations preferr'd against them in the Starchamber, for refusing to pay the customes of Tonnage and Poundage; Impositions against the tenor of the Petition of Right, and against the priviledge of Parliament, one of these Merchants, viz. Mr. Rolles being a Member of the House of Commons: for which misdemeanours Sir Iohn Worsham, the Patentee of the Customes, Mr. Dawes, and Mr. Carmarthen, sha­rers with him, were called to account. The King finding these men under the lash, steps in to bear off or to bear the blows; tels the Parliament, that what they did was but as men addicted to his command, nor did he Commission them to take it as of right A great differ­ence between the King and Parliament. belonging to him, but out of a firm presumption that the House of Commons, sutable to their large professions, would grant i [...] him by Bill; which he now exceedingly desired they would dispatch, and so put an end to this dispute.

To this the Parliament replyed, that the Customers had no War­rant from his Majesty for all they did, as he did mis-understand, for they have diligently read his Majesties Warrant to the Custo­mers, and it only impowereth them to levy and collect the monies, but not to seise the Merchants goods, and are censurable for extra­vagants from their Commission. And as to the passing the Bill, they craved his Majesties pardon for a while, both because they were at present intent upon matters of Religion, and they hoped he would not be offended if they served God in the first place, and [Page 98] also because at present, his Majesty had put them out of capacity to doe it; for in his Warrant, formerly mentioned, Tonnage and Poundage are declared to be a Principal revenue of his Crown; if so, he had no cause to demand, nor they to grant what was his own already; therefore unlesse that expression may be rectified, or cancell'd the Record, and his Majesty will be content that the Bill may expressely and positively set forth his no right to it, but by the gift of his subject, they cannot rational grant it. The King perceiving their intention still was to sever the Customers act from his command, thereby to make them the more exposed to censure for Delinquency, and judging it highly concerned his honour to indemnifie them, iterated his desires again to them in a message sent by Secretary Coke, that they would desist from further mole­sting these men, intimating withall that what they did was by his especial direction; the House in much distaste at this message in­stantly cry'd Adjourn, Adjourn, and so they did, until the Wed­nesday The Parlia­ment adjourn­ed. following, on which day the King also by the advice of his Privy Councel Adjourned them until the 2. of March: hoping thereby that giving them the more time to cool of themselves, it would soften their temper. But having certain intelligence from his correspondents in the lower House, that the heat did rather intend then relax, he resolved to Adjourn again untill the 10. of March. And again. But the House being met on the 2. of March, up riseth Sir Iohn Eliot in the morning, and makes a tart and stinging speech against the Lord Treasurer, fixing all the ills both of Church and State upon him, and in particular charging him with a design of trans­ferring the English trade to Forianers. What he then delivered was in part prognosticated by the King, who knew it even an Em­bryo, and in the first conception; for it rarely happens, that what many know, none will discover, be it a secret of never so great importance, especially where men are, as these were, of a free and open spirit. Sir Iohns invective being ended, the Speaker decla­red a message from the King commanding an Adjournment un­till the 10. of that instant, wherewith the House being discontented told him, it was not within the verge of his Office to deliver such a Message, that Adjournment properly belonged to themselves, and that in time convenient they would satisfie the Kings pleasure: then again upriseth Sir Iohn with a Remonstrance, which he presented to the reading, but both the Speaker and Clerk refused it, and being restored to him he read it himself, the substance being to this effect.

That they had taken into consideration the forming of a Bill for Tonnage and Poundage, but were so overlaid with the pressures of other businesse, and found that affair it self a matter so perplext with several difficulties, which would require much leisure to discharge, that at that time accomplish it they could not, this pre­sent [Page 99] Session moving (as they conjectured) apace to determinati­on. And lest his Majesty should hereafter (as formerly he did) incline to the advice of servile spirits, or be abused into a perswa­sion that he might legally and justly receive those subsidies of Ton­nage and Poundage, they humbly declare to him, that the laying any such Imposition upon the Subject is contrary to the funda­mental law of the Kingdome, and to his Majesties late Answer to the Petition of Right. And therefore they lowly crave his Majesty would for the future forbear such taxes, and not to take ill the refu­sal of his people, to what is demanded by Arbitrary and unwarran­table power.

This Remonstrance being read, the Speaker was moved to put it to the vote, whether it should be presented to the King, yea, or nay. But he craved pardon, alleadging that the King expresly ordered him to leave the House, and attempting to rise from his chair, he was by force and strong hand stayed, (Mr. Hollis swear­ing, (so my information hath it) a deep Oath, that he should sit still as long as they pleased; and when neither threats nor reproaches could prevail, Sir Peter Hayman moved Mr. Hollis to read these ensuing Articles as the Protestation of the House.

1. Whosoever shall bring in Innovation of Religion, The Protestati­on of the Commons. or by favour seek to introduce Popery or Armini­anism, or other Opinions disagreeing from the true and Orthodox Church, shall be reputed a Capital Enemy to this Kingdome and Common-wealth.

2. Whosoever shall counsel, or advise the taking and levying of the Subsidies of Tonnage and Poundage, not being granted by Parliament, or shall be an actor or instrument therein, shall be likewise reputed a Capital Enemy to this Common-wealth.

3. If any man shall voluntarily yeeld, or pay the said Subsidies of Tonnage or Poundage, not being granted by Parliament, he shall be reputed a betrayer of the Li­berties of England, and an Enemy to this Common-wealth.

These he pronouncing with a loud voyce, the House ga [...]e their Epiphonema and applause at every close and period.

These distempers continued so long, and with so quick and high a pulse, as the King had early notice of them, who forthwith sent for the Serjant of the Mace, but the House would not permit him to depart, but taking the Key of the door from him, gave it to Sir Miles Hobart a Member of the House to keep. The King deep­ly [Page 100] incensed at these exceedings of contempt, sent Maxwell Usher of the Black Rod to dissolve the Parliament; but neither he nor his message would be admitted, whereupon the King much en­raged sent for the Captain of the Pensioners, and the guard to force an entrance. But this Passion, that shut out the King, yet let so much reason in, as perswaded [...] them it was good sleeping in an hole skin, and understanding the Kings intention, they suddenly voided the House.

Soon after this, that very morning, the King came into the Lords house and bespake them thus,

My Lords,

I never came here upon so unpleasant an occa­sion, The Kings speech at the dissolution of the Parlia­ment. it being the dissolution of a Parliament; Therefore men may have some cause to wonder, why I should not rather chuse to doe this by Com­mission, it being a general Maxime of Kings, to leave harsh commands to their Ministers, them­selves onely executing pleasing things. Yet con­sidering that Iustice as well consists in reward and praise of virtue, as punishing of vice, I thought it necessary to come here to day to declare to you, and all the World, that it was meerly the unduti­full and seditious carriage of the lower House, that hath made the dissolution of this Parliament. And you my Lords are so far from being causes of it, that I take as much comfort in your dutiful demeanours, as I am justly distasted with their pro­ceedings. Yet to avoid mistakings, let me tell you, that it is so far from me to adjudge all that House guilty, that I know there are many there as duti­ful Subjects as any in the world, it being but some few Vipers amongst them, that did cast this mist of [Page 101] undutifulnesse over most of their eyes; yet to say truth, there was a good number there, that could not be infected with this contagion, in somuch that some did expresse their duties in speaking, which was the general fault of the House the last day. To conclude as these Vipers must look for their reward of punishment, so you my Lords must justly expect from me that favour and protection, that a good King oweth to his loving and dutiful No­bility.

And now my Lord Keeper do what I commanded you.

The King having thus dissolved the Parliament, or rather The King sets forth a Decla­ration. broke up School, thought those whom he now called Vipers had not in the house of Commons spit up all their malignity, but reserved some to disperse and dispose of in the Countrey, whereby an ill odour might be cast upon his Government, and the hearts of his people alienated from him: as an antidote therefore against that poyson, and to anticipate all mis-understanding he speedeth out a Declaration, setting forth to all his Subjects the motives perswa­ding him to dissolve the Parliament, and a breviate of all the transactions in this, and the former Session; withall minding them in the close of all, that the Duke of Buckingham was decry'd, while he lived, as the solitary cause of all bad events of former Parlia­aments, that he is dead, and yet the distempers not in the least abased, which he takes as an argument that they were mistaken in the cause, and that it was resident in some few members of the Parliament.

Kings love to be treated with the most obliging caresses and debonair comportment that may be. And usually they derive asperity, not so much from innate and inbred proclivity, as from the protervity and incomplyingnesse of their people, an humour able to sowre and change the best dispositions. They who shall cast a reflex upon those wofull miseries which were the conse­quences of this unhappy dis-union, may perhaps find cause to think, they could not have been worse, possibly better, had the Parliament been more complacent. But tis no wonder to find fai­lings [Page 102] in the concrete masse, when in solutis principiis, and taken a­sunder every unite exhibites and sheweth no lesse. True it is, in assem­blies so august, so majestique, all things should be managed with the greatest repose of passion, the Senators should be like their Lawes, void of anger. But men will be ever men whatsoever they be, be they Christians; wheresoever they be, be they convened in Parliament, their frailties, their passions, yea and their interests too, they still carry along with them, which made Gregory Na­zianzen Naz. Epist. complain of Councels, That he never saw any one end well; and what he said of Councels, King Charles might with as much verity, have pronounced (as to his content) of Parliaments, not any one he summoned having had any termination other then disgustfull to him.

The King having as he hoped dis-abused the Subject by his Many Mem­bers questi­oned. late Declaration, next intended to proceed severely against those who had offended him, and whose punishment, he said, he re-served to a due time. Upon this account the 18. of this Moneth, he sent for ten of the late members to appear at the Councell Table, viz. Mr. Hollis, Sir Miles Hobart, Sir Iohn Eliot, Sir Peter Hayman, Mr. Selden, Mr. Stroud, Mr. Co­riton, Mr. Valentine, Mr. Long, Mr. Kirton. Those appea­ring, Mr. Hollis was interrogated, wherefore (contrary to his former use) he did, the morning the Parliament was dissolved, place himself by the Chair, above divers of the Privie Coun­sellors.

He answered,

That he had some other times as well as then, seated himself in that place. And as for his sitting above the Privie Counsellors, he took it to be his due in any place whatsoever (unlesse at the Counsel-board) And, for his part, he came into the House with as much zeal to do his Majesty service as any one whatsoever; And yet neverthelesse, finding his Majesty was offended with him, he hum­bly desired that he might rather be the subject of his mercy then of his pewer.

To which the Lord Treasurer answered, You mean rather of his Majesties mercy, then of his justice.

Mr. Hollis reply'd, I say of his Majesties power my Lord.

Sir Iohn Eliot next call'd in, was questioned for words he spake in the Lower-house of Parliament, and for producing the last Remonstrance.

To this he answered,

That whatsoever was said or done by him in that place, and at that time, was performed by him as a publick man, and a member of that House, and that he was, and ever will be ready to give an account of his sayings and doings in that place whensoever he should be called unto it by that House, where (as he taketh it) he is [Page 103] only to be questioned, and in the mean time being now but a private man he would not now trouble himself to remember what he said or did in that place as a publick man.

Sir Miles Hobart was also questioned for locking the Parlia­ment House door, and putting the key in his pocket: to which he pleaded the command of the House.

The other Gentlemen were questioned for reproving the Speaker, and not permitting him to do what the King comman­ded him, who all alledged in their defence the Privilege of the House.

After this they were committed, some to the Tower, some to the Gate-house, and some to the Fleet, and May the 1. the Atturney sent a processe out against them to appear in the Star­chamber, and to answer an information to be entred there a­gainst them: but they refused; as denying the Jurisdiction of that Court over offences done in Parliament: which created the greatest and longest controversie in Law that had been started of many years.

About the later end of March, the Marquesse Huntly (with Stirs in Scot­land about the Marquesse Huntly. the Earles of Arol, Athol, Nidsdale, and Abercorn, of the Scot­tish Nobility) came running away to the Court of England, as fast as his old legs cold carry him, being seventy two years aged; his cold Countrey being grown too hot for him: the occa­sion this.

The Marquesse was hereditary Sheriff of a great part of Scot­land, where his Lands lay. At Aberden, the Papists posted up a treacherous libel: not long after which, the Priests and Iesuites said Masse openly. This coming to the Councels hearing, they wrote to the Marquesse, as high Sheriffe, to cause with all speed those Priests and their abertors to be apprehended, and safely sent to Edinburgh, yet not prescribing any certain day. The Marquesse took the Letters, neglected the service, and gave no account to the Councel: whereupon they wrote a second letter, commanding him that the service be done by a precise day, and that himself appear also before them to answer the contempt. Notwithstanding all this, the Marquesse still neglected, and in stead of apprehending them, gave them notice to escape; but sent in the interim to the Councel, craving a longer day. The Councel would not grant it, but instantly caused the Herald in his coat of Armes to wind the Horn thrice, and at every time to summon the Marquesse and the Earls. None of which appearing, the Herald proclaimed them Rebels to the King and Kingdome. And while the Councel was plotting to apprehend them, they took their flight for England.

The next moneth returned Sir Henry Fane from the Hague, his errand thither was to make a tender to the Lady Elizabeth from [Page 104] the Emperour of thirty thousand pounds per annum, for her main­tenance, and a place of habitation within the Palatinate, upon con­dition, Ann. Christi 1629. she should send her eldest son to be educated in the Em­perours Court, and to marry one of his Daughters: whereunto she (mistaking the message to be the Kings desire, which was but his bare proposall) magnanimously replyed; I do honour my Bro­ther of England, as becomes me, yet he is but a man, and may fail me; God never forsook me yet, and I am confident never will. And ra­ther then I would suffer my childe to be bred in Idolatry, I would cut his throat with mine own hand. So erect a minde had she in her lowest state.

This Spring the Queen (some say frighted with some boysteroul­nesse of a mastiff towards her little dogs in the Presence chamber) not compleating her proper time of gestation:, aborted of a son; yet having life in him, her Priests were wondrous earnest to baptize him, but the King stepping in prevented them, and charged Dr. Web to officiate, and name him Charles, he lived about an hour, and then expired.

About the same time also, the Seigniory of Venice by her Am­bassadours Peace between France and England. was industrious to procure amity between the Crowns of England and France, and Lewes being in his Trans-Alpine expe­dition at Susa for the relief of Casal, they procured it model'd into these ensuing Articles.

1. That the two Kings shall accord to renew the former Alliance between the two Crowns, and to preserve it inviolable with free commerce. And in reference to the said commerce liberty is given that such things be proposed, as either part shall judge convenient either to add or diminish.

2. That considering it is very difficult to make restitution of what hath been taken as prize, as well on one side as the other, during the late wars; it is agreed between the two Crowns, that for what is past no satisfaction shall be demanded on either side.

3. As to the Articles and contract of marriage of the Queen of Great Britain, they shall be confirmed, and for what concerneth her Dom stiques it shall be lawful to propose what shall be thought ex­pedient to be either added or diminished.

4. All former Alliances shall stand good between the two Crowns, saving wherein they shall be changed by this present Treaty.

5. The two Kings being by this present Treaty remitted to the affection they formerly had, shall respectively imploy this correspondence toward the assistance of their Allies (so far as the constitution of affairs, and the generall good will per­mit) for the procuring the repose of the troubles of Chri­stendom.

[Page 105] 6. The promises being established on both sides, Persons of eminency shall be reciprocally dispatcht as Ambassadours on ei­ther part for ratification of the accord, and for nomination of Agents ordinarily resident at either Court, for the better pre­serving this union.

7. And because many ships are now at Sea, with letters of Marque, who cannot suddenly take cognizance of this Peace, it is agreed that what shall occur in the nature of hostility for the space of two months on either side, shall not prejudice nor dero­gate from this agreement. Provided notwithstanding, that what shall be made prize of within that space of two months after signa­ture, shall be restored on either side.

8. Lastly, the two Kings shall respectively sign the present Ar­ticles, the 14 of this present month of April, and at the same time they shall be consigned into the hands of the Lords Ambassadours of Venice, to deliver reciprocally to the two Kings at a day prefixt. And from the day of signing all acts of hostility shall cease, to which end Proclamation shall be issued out in both Kingdomes the 20. day of May.

Nothing was wanting now to the perfecting of this League, but the ultime and compleating act, the solemn confirmation by Oath. To which intent Ambassadours were sent on both sides the September following. From England Sir Thomas Edmunds Controller of the Kings house. From France the Marquesse of Chasteau-neuf, who had both of them reception agreeable to the merit of the design.

The King had all the reason in the world to bid peace welcome, for Martial affaires be they conducted by never so mature ad­vice, or carryed on with never so gallant resolution, have yet a great dependence upon the arbitrament of Fortune; and Fortune the King had sadly felt, in the dispensation of victory ever lookt another way. Again he was sinew-shrunk, and wanted money the sinews of war, his Exchequer being profoundly dry, and one of the noblest and beneficial springs not obstructed but cut off. This his condition was observed abroad as well as at home; and by his enemies as well as friends, and his felicity it was that those enemies which observed it were in no capacity to make any other advantage of it then overtures of peace. And this was now Overtures of a Peace with Spain. the grand ambition of that ambitious Monarch, the King of Spain, who was by many late considerable misfortunes brought ridi­culously (I had almost said pitifully) low. So low, as Pasquin posted him up in Rome in a Fryers habit, asking Marforius, whose picture that was? Marforius replyed, The King of Spains. Pasquin demands the reason; Because, said Marforius, he had lately taken three vows upon him, One of Poverty, ever since the Hollanders took the West-India Fleet. The other of Obedience, since the [Page 106] French with words and gestures onely, made him quit Casal, and all Montferrat. And lastly of Chastity, when his grand Pimp the Conde de Olivares shall give him leave.

To solicite this Peace, Peter Reuben the famous rich Painter of Antwerp, Secretary and Gentleman of the Chamber to the Arch­duchesse, Peter Reuhen the Spanish Agent. as Agent was transmitted hither, and bad very fair for it, tendering the restitution of the lower Palatinate, then which nothing was more magnetique and attractive, had the Spanish faith been as good as his gold: but that was reprobated all over the Western World; so as Marquesse Spinola being told of this prodigious offer, said, The King of Spain may gild his design with what promises he please; but, sure I am, he meaneth nothing lesse then the restitution of the Palatinate. Antecedent experience of the juggling practises of the Spaniard, did much retard the pro­gresse of the League, and Reuben was not p'enipotentiary enough to accomplish that work, but it was reserved for a Don of more il­lustrious grandure, and he was not yet arrived.

In Trinity Term the Judges were much urged to declare their opinions concerning the demurrer of the Gentlemen Prisoners about the power of the Star-chamber; but that was a tender point, loth they were to displease the King, and as loth to blemish their reputation with prevaricating from the law, so that they feigned many an excuse and put off; at length the King being at Green­wich, sent for them all twelve; Mr. Atturney was turn-key, pro tempore, and let them in single at one door, and they went away at another. As they entred, one by one, the King comman­ded them to declare boldly without respect to fear or fa­vour under their hands what they thought; seven of them, by name Richardson, Yelverton, Hutton, Harvey, Crook, the Lord Chief Baron and Baron Denham, these offered to subscribe their opnions, That the Star-chamber had no jurisdiction over Parliament offences; the other five dissented, but refused to subscribe, whereat the King was exceeding wroth; and chid them soundly, as the betrayers of him to the belief of what was repugnant to the law.

Soon after the Term Iuly the 10 towards night there hap A fray in Fleetstreet. pened a scurvy fray in Fleetstreet. For one Captain Bellingham, late at the Isle of Rhe, being that afternoon arrested, some Gentle­men of the Temple made an attempt towards his rescue so far, as some were hurt and carryed to prison: thereupon the Gentle­men of the Temple assembled, made a Barricado about St. Dun­stans Church, which the Lord Mayor being informed of, he had the Sheriffs with a band of Train men, came down and made Proclamation, that upon pain of Rebellion the hole assembly should dissolve: but the Gentlemen prepared for resistance, and being armed with swords and pistols to the number of five or six hundred, they gave fire upon the Lord Mayors militia, [Page 107] kill'd outright five, and wounded neer an hundred: the King was so highly incensed at the news of this uproar, as he presently sent for the Lord Chief Iustice up to London, resolving to have a Session extraordinary for the arraignment of the malefactors; at which being held in Guild Hall about a Fortnight after, two Ca­ptains, Ashurst, and Stamford, (the Dukes servant and famous wrastler) were found guilty, condemned and executed at Tyburn. Stamfords Relatives made great means to the King for his life; but he said, no, He murdered a Watchman before at Duke Humphries, for which he was pardoned, and having committed another, I will take order to prevent the third.

In the beginning of November the Earls of Bedford, Somerset, and The Earles of Bedford and Somerset con­fined. Clare, Sir Robert Cotton, Mr. Selden, Mr. Saint-Iohn and others were committed, and an information entred in the Star-chamber against them, for dispersing copies of a Discourse, being a Rhap­sody of Projects, tending to the augmentation of the Kings re­venue, and to discover an impertinence in Parliaments: It was pre­tended to have been penned for the instruction of the King, but it was a false suggestion, and discovered by Sir David Fowles upon Oath, that it was contrived about 1613. by Sir Robert Dudly at Florence, so that the Bill fell to the ground.

Ianuary the 1. Don Carlos de Colomas, now twice Ambassadour from Spain to England arrived, and had audience six dayes after at the Banquetting house; his deportment and mean was more de­bonair then usual, and therefore promised better of his Nego­tiation.

The pitcher that goes oft to the water, at length returns home crackt; and in Hillary term the Gentlemen Prisoners arguing their Plea by their Councel at the Kings-Bench-Bar against the power of that Court to question any thing done in Parliament, the Iudges of the Kings Bench delivered their opinions positively, that their crimes were within the cognizance of the Court; For else, said they, should a Parliament man commit murder in time of Parliament, he cannot be tryed nor arrained until a new Parliament; and for confirmation of their opinions they quoted many Precedents, especially that of Plowden in Queen Mary's time; who was fined in the Kings Bench for words spoke in Parliament against the Dignity of the Queen. Hereupon the Gentlemen had a time prefixt them to bring in their answer; but they making se­veral defalts, sentence was pronounced against them, they being deeply fined, and confined until they should enter bond for their good behaviour; which some of them would never yeeld to, and ended their dayes in prison.

April the 10. dyed William Earl of Pembroke and Lord High 1630. William Earl of Pembroke dyed. Steward of England of an Apoplexy; the night before he sup­ped with the Countesse of Bedford at Devonshire house without [Page 108] Bishops gate, very jocund he was at supper, especially rejoycing that the day before, being his Birth day, he had attained the age of fifty years, hoping now he should reach his Fathers account, who lived till sixty four, and to see many happy days. After supper he re­tired to Baynards Castle his house, where he sate up till midnight, and was very well: but after he had been a while in bed (his Lady by him) he fetcht a most profound groan, whereat she not being able to wake him, shrieked out for Company, who coming in, found him speechlesse, in which condition he remained till 8. next morning, and then dyed. It was said that Mr. Allen a Mathematician at Ox­ford, had calculated his Nativity many years before, and could not give any hopes of his life beyond his 50. year. He dyed in­testate, and left of debts to pay eighty thousand pounds. He was scarce cold before the Earl of Arundel begg'd the custody of his Countesse, upon pretence that she was not mentis compos, and crackt in her brain; and because his son the Lord Maltravers was her next heir in right of his mother, sister and coheir with her and the Countesse of Kent, all three being the inheretrices of the Earl of Shrewsbury's Estate. But her affection stood more enclined to her Brother the Earl of Mountgomery, and therefore the King granted him the disposition of her.

He was the very picture and vive effigies of Nobility; His His Character. person rather Majestique, then elegant; his presence whether quiet, or in motion, full of stately gravity; his minde generous and purely heroique, often stout, but never disloyal; so vehe­ment an opponent of the Spaniard, as when that Match fell un­der confideration, he would sometimes rouze to the trepidation of King Iames, yet kept in favour still; for that King knew plain dealing as a jewel in all men, so was in a Privy Counseller an Ornamental duty; and the same true heartednesse commended him to King Charles, with whom he kept a most admirable correspondence, and yet stood the firm Confident of the Com­monalty, and not by a sneaking cunning, but by an erect and ge­nerous prudence, such as rendred him unsuspected of ambition on the one side, as of faction on the other. This universality of affection made his losse most deplorable. But men are lost when all turns to forgotten dust. That affection would not that he should be non-plust so, but kept his Noble fame emergent and aloft: and if this History shall help to bear it up, I shall think it not more his felicity then mine own.

This Spring the Royal stemme germinated and put forth ano­ther gemme, the Queen being delivered May the 29, of her second Son, not living only, but lively; surpassing exultation there was thereat, and all the Court kept Jubile; all the great ones both Lords and Ladies went now on Maying to St. Iameses to see the Royal blessing and hope of England. Iune the 27. he was in [Page 109] most refulgent pomp carryed to the sacred Font, and named Charles. God-fathers and Witnesses were the King of France, and the Prince Elector, represented by the Duke of Lennox, and Mar­quesse Hamilton: of the other sex the Queen Mother of France, whose substitute was the Dutchesse of Richmond.

In the mean time the King was in contemplation with his brother An Embassa­dor sent into Germany. the Paltzgrave's pressures, and how to relieve him; and because he gave but slender credit to the Spanish promises, and had intelli­gence of a Diet and general Assembly to be kept at Ratisbone this Summer, he sent over Sir Robert Anstruther in the quality of an Am­bassadour, who arriving there, and being admitted to audience be­fore the Emperour and Estates of Germany, he delivered his message to this effect.

That nothing did affect his Master the King of Great Britain more, then the consideration of the daily calamities undergone by his Brother the Prince Elector, his Wife and Children; that he deemed no place more expedient where to treat of their reconcili­ation, and re-establishment then in this Diet; therefore he made it his most ardent request to his Imperial Majesty, that having regard to the many intercessions of his late Father, and other Kings and Princes, he would remit the displeasure conceived against his Brother, and recal the proscription issued out against him. True it is, his Brother had offended, and was inexcusably guilty, (un­lesse the rashnesse and precipitation of youth may somewhat plead for him): but others had been as culpable as he, whom yet his Im­perial Majesty received into grace and favour, and would he be pleased to extend to him the same clemency, it would oblige his Master to dimonstrations of deepest gratitude, and raise a glori­ous emulation in others to imitate so Majestique a pattern. That the Paltzgrave would eutertain this favour with an heart so firmly devoted to his service, as all the intention of his Spirit should be disposed to compensation and reparation of his by-past miscarriages: That his Master held nothing so dear, as the affection of his Im­perial Majesty, and establishment of a durable peace between them. And as upon all occasions he hath been forward to represent himself solicitous of it, so at this time he is ready to give more ample Testimony, if his Imperial Majesty be pleased to incline to a Treaty.

The Emperour and Estates gave Sir Robert fair respect, but as to his message returned answer, that the present affairs of Germany, which called them thither, were of that important concernment, as they would not admit of any forain debate; but when leisure served, the King his Master should have such satisfaction as would be agreeable to their honour, and they hoped to his content. Thus the Ambassadour returned reinfecta.

Leighton a fiery Scot this year was met with, his Sions Plea [Page 110] brought him to stand in need of the Balme of Gilead. That wilde Ann. Christi 1630 Pamphlet was wrote during the late Parliament, and to them dedi­cated; in that he excited the Parliament and people to kill all the Bishops, and to smite them under the fift rib; he inveighed against Leighton a Sco [...] censured. the Queen, calling her the Daughter of Heth, a Canaanite, and Idolatresse. For these and other seditious passages, he was sentenced in the Star-Chamber to have his ears cropt, his nose slit, his forehead stigmatized, and to be whipped. But between sentence and execu­tion, he made an escape out of the Fleet, but by good hap to the Warden, was re-taken in Bedfordshire and underwent the punish­ment.

Now began we and Spain to cement again, the peace being Peace between England and Spain. driven to the head, and fully compleated, the Articles were pre­cisely the same with those concluded formerly between King Iames and Philip the third, and for the Palatinate, no further en­gagement, but only, that the King of Spain should dispose of all his interest in the Emperour towards the restitution of his Bro­ther the Prince Elector. But it was a Peace, and though not in all points fully adequate to the Kings content, yet readily embraced because he was not then in state to better it. But though the Peace was none of the best, yet was the solemnity in publication thereof none of the least, yea not inferiour to others of much higher a­vailes.

On Sunday, November the 27. it was by the hole Colledge of He­ralds mounted on horseback, in their rich Surcoats, proclaimed both at White-hall Gate, and in Pauls Churchyard, and at Cheapside Crosse, the Lord Maior with his confraternity of Aldermen also mounted, and in their Scarlets. On Tuesday the King and the Spanish Ambassador descended into the Chappell, continuing in their traverses untill an Anthymne was sung. Then the Bishop of London (Laud) as Dean of the Chappel, attended by three other Bishops, all in their Copes, ascended up to the Altar with a La­tine Bible in his hand. Then the King and Ambassador issuing out of the Traverses, the King laid his hand on the Book, whilest Secretary Coke read the Oath; and that done, he kist it, signing withall the Articles of the Peace, which he delivered up to the Spanish Ambassador. After this they all went up to the Banquet­ting house, where a most princely and sumptuous dinner was pro­vided for them.

But the Subject paid the reckning. For his Majesty being stimu­lated with want and disgusting Parliaments was enforced to call in the aid of his Prerogative.

There was, it seems, an old skulking statute long since out of The Tax of Knighthood. use, though not out of force, which enjoyned all subjects, who had not some special priviledge, to appear at the Coronation of every King, ad arma gerenda, to bear armes (not to be made [Page 111] Knights, as was vulgarly supposed) that is, to present themselves before the Lord High Chamberlain, who (if the Kings service so required) was to deliver to every man a Belt and Sur-coat out of the Kings Wardrobe; and if, upon four daies attendance, they were not imployed, they might depart to their severall homes. But they who were guilty of default and made no appearance, were to submit to fine. This was now the case of the almost whole Kingdome; whereupon November last, Commissions were issued to all the Sheriffes throughout England to return the names of all such persons who had estates liable to make fine. And upon this account was brought into the Exchequer, an entrado of at least One hundred thousand pounds.

This peace between England and Spain begat a war in Eng­land and Ireland between Spain and France, I mean between the The Jesuites and secular Priests at odds. Iesuites, who are the profest clientelaries and vassals of the Ca­tholique King, and the secular Priests, men more addicted to the King of France: the radix and ground of this contest was this.

The Papacy having in England and Ireland her emissaries for the planting of a Gospel which Christ nor his Apostles never dreamt of, expedient it was thought both for the ordaining of Priests, and confirmation of persons baptized, that a Bishop should be sent amongst them; to which purpose Pope Gregory the 15 delegated one William Bishop, entituled the Bishop of Chal­cedon. Anno 1624 Bishop died, after him succeeded by mission from Urban the 8, anno 1625, Richard Smith with the same title; Smith was a busie fellow, and took upon him more then Bishop, for he arrogated to himself the approbation of such regular Priests as were to be standing Confessors; which the Iesuites thought an usurpation upon their Jurisdiction, whereupon a conspiracy is entred to dispatch him hence, a Declaration is contrived under the name of the most Noble and eminent Catholiques against his preten­ded authority, withall asserting all sufficient power in the Regulars to all those intents, and the no necessity of having any Bishop at all. This Declaration in the nick of his departure hence, for Spain, to prevent more satisfactory informations, was offered to the Spa­nish Ambassador Don Carlos de Coloma. And the Bishop so per­secuted by the Iesuites, as finding himself in no capacity of standing an open contest by reason of his skulking condition, caused through the Kings Proclamation against him, he was en­forced to seek his safety abroad, and escaped into France. Smith thus frighted away from his charge, one Kellison Rector of the College of Doway, in a Tract vindicates the authority and di­vine right of Episcopacy; but Knott, Vice-provincial of the English Iesuites, and Flood, another Iesuite of St. Omers, un­dertook Kellisons confutation, and their Books were no sooner [Page 112] extant, but being d [...]scust by the College of Sorbon, were by the Faculty of Paris censured and condemned. But the Contro­versie slept not so, but was reciprocated and bandied from one side to another in infinitum, as you may read at large in Aure­lius.

Nor was this bickering the only product of our peace, but the Romish Catholiques began to rant it in Ireland, and to exer­cise their fancies called Religion so publiquely, as if they had gained a Toleration. For whilest the Lords Iustices were at Church in Dublin, they were celebrating Masse, which the Lords Iustices taking notice of, they sent the Arch-bishop of Dublin, the Maior, Sheriffes, and Recorder of the town to apprehend them; which they did, taking away the Crucifixes, Chalices, and Paraments of the Altar, the Souldiers hewing down the Image of St. Fran­cis. The Priests and Friers were delivered into the hands of the Pursevants, at whom the people threw stones and rescued them. The Lords Iustices informed of this, sent a guard and delivered them, and clapt eight Popish Aldermen by the heels for not attending their Maior. Upon the account of this presumption, fifteen houses were seised to the Kings use, and the Friers and Priests so persecuted, as two hanged themselves in their own de­fence.

This winter the Marquesse Hamilton was very active in mu­stering up his Forces for the King of Swedens assistance against the next Spring, and the King hastned him to dispatch his levy with all the speed he could, in regard he had fresh and certain intelli­gence of a very great victory that King had lately obtained against the Imperialists; Tilly, it seemes, conducted a numerous Army of Thirty three thousand Foot, and seven hundred Horse for the relief of Rostock, then besieged by the King of Sweden: the King alarum'd at his coming, drew out of his trenches Seventeen thousand Foot and Six hundred Horse to entertain him. The first encounter was sharp, and cost the King above a thousand men; whereat the King fired with gallant courage, came undauntedly up to the Count, and gave him so terrible a shock, as made his Vantguard to brandle, disordered both Bat­tail and Rere, routed all the Imperial Army, slew Three thou­sand on the place, took Sixteen Pieces of Ordinance, Thirty En­signes, Thirty two Cornets of Horse; and immediately stormed the Town and carryed it.

For the incouragement of the Marquesse in this expedition, the King gave him the impost upon the Wines in Scotland, which would amount to Twenty thousand pounds per annum; and as a great part of their maintenance was to be derived from Scotland, so were the Auxiliaries themselves to consist for the most part of that Nation. For the King of Sweden had by experience [Page 113] found them not unlike his Fin-landers, both stout and hardy: while these forces were raising, a Scot, then in the Swedish ser­vice asked the King how his Countrey-men should be maintai­ned. How are the Emperors Souldiers, said he, maintained? With money, answered the Scot. If then, quoth the King, your Steel be better then theirs, their money will be yours, if it be not bet­ter, why will your Countrey-men crosse the Seas to be beaten in Germany?

Now I am abroad, before I recall my discourse home, permit a Amboyna mas­sacre in part revenged. short transition to the enemies quarters, and there to take in an odde accident which soon after befell, and is relative to the affairs of England. Eighteen Hollanders (whereof three had been actours in the English Tragedy at Amboyna) supping at Frankfort, as they were passing to Strasburgh, boasted in their cups, what they had done to our nation in that Iland, which one in their company observing, related it to two English Captains of horse then in service of the Emperour, and two of whose kindred suffered there. These two Captains having notice which way the Hol­landers were to passe, way-laid them in a wood with a Troop of Horse, and having met them, bad them stand; that done, wil­led them to prepare for death, for dye they must: the Hollanders replyed, they hoped not so, for all their money was at their dispose. We seek not your money, said the two Captains, but your lives, and will now be revenged for those barbarous torments three of this your company put our Countrey-men and allies to at Am­boina; and had we leisure, we would serve you so too. First, they hung up Iohnson the chief of the Amboinists, and made the other seventeen cast the dice which of them should escape to carry intelligence into Holland. The fifteen guiltlesse persons thought this hard measure, and hoped they would not punish them for others faults: but the Gentlemen pleaded, legem talionis, and that they might as well hang them, as their Countreymen were but­chered at Amboyna without cause. So without further endictment they hang'd up sixteen, and sent the odde man home. Some sa­tisfaction, but, though almost two for one, not equiparate to the merit of that nations cruelty: these seventeen had a mercifull and quick dispatch; our ten at Amboyna, the ingenious Devils did so exquisitely torture, as the poor Patients had nothing but clear consciences to make them believe they felt not hell above ground.

In March Mr. Mountague was sent over to negotiate the pay­ment of the moiety of the Queens Portion (being Four hundred thousand Crowns) behinde, and to require satisfaction for two rich Ships taken from us by the French, since the last peace concluded; and with him, as the better Accountant, was sent the great Merchant Philip Burlamachi. The King of France returned [Page 114] this answer, Let my Brother of England render up the Fort of Kebeck, and then he shall have satisfaction to his content. Kebeck is a Fort up­on the river of Canada in the North part of America, and was taken by Captain Kirk two years before, and garrisoned with English un­der the Command of his Brother; it is the prime staple for Beavers and Otters in the hole world, and worth usually at least thirty thou­sand pound a year. But our King preferr'd fair amity before litigious emolument, and yeelding up the Fort, had his full and just demands.

About 18. years since the Earl of Essex was separated (by a most just sentence of Nullity executed by Commission under the great Seal of England) from the Lady Frances Howard. True it is, that Countesse was of a very lewd report, and full of fire, as the Earl of ice, nor will I undertake to vindicate from indirect and unjustifiable practises, the scrutiny of her Virginity. But judgement must proceed according to the tenor of allegations and proofs, and as the Jurv of Midwifes declared her to be an un­touched Virgin, so did the Earl himself confesse that (though he had often attempted it) he never could, and beleeved never should carnally know her. Whereupon the Commissioners pronounced a Divorce between them. Upon this definitive sentence of the Bi­shops, a late compiler of Great Britains History, abetting popu­lar error, hath cast some odious glances, not knowing that Geneva her self had done the like before in the case of the Marquesse of Vice and others. But that Author was this Earles creature, and plead­ing his Masters cause, assumed the greater liberty. The Earl and his Countesse thus parted, to shun the shame of impotency at home over he goes to the Low Countries, disciplines himself there in Martial exercises, behaves himself both there and in the Palati­nate with gallant resolution, and became of high renown for feats of Arms. Having given these undenyable proofs of his man­hood, he was ambitious to give some of his virility, and having The Earl of Essex his se­cond marri­age. been a while in England, solicited the affection of Mris. Eli­zabeth Paulet, (daughter of Sir William Paulet of Wiltshire, and extracted from the Noble line of the Marquesse of Winche­ster) obtained it, and on March the 11. of this present year, con­summated Nuptials with her at Netly, the Earl of Hartfords house. With this Lady he did a while cohabit, and it was but a while, becoming soon unhappy in his second, as in his first choice; for he could as little digest her over much familiarity with Mr. Udal, as his former Ladies with the Earl of Somerset. But happy it had been (in all probability) not lesse for King Charles then this Earl, had either his Ladies found fewer, or he more friends at Court, and that his dishonour had been there resented agreeable to his extraction: for though (as some suppose) he laboured of an im­medicable and invincible impotency as to conjugal concernments, yet to others he had animosity enough, and when we shall after­ward [Page 115] behold in the head of a numerous Army, giving this King Ann. Christi 1631. battail in a pitcht field, it may well be conjectured, that his then engagement was in part upon the score of these indignities, which he charged upon former account.

I am now entred upon the year 1631. remarkable for the trial The Lord Audley ar­raigned. of Mervin Lord Audley, Earl of Castle-haven, which I could for the honor of Christianity, for the honor of Nobility, for the ho­nor of our Nation, yea for the honor of our Nature, even man­hood it self, that the story of so much filth might be swept in­to the channel of Oblivion. But offences so prodigiously high, as his, we may not so stride over; contract they doe a penality too vital for one Scaffold to determine, History must erect another for him, wherein he may ever suffer in what is extant of him, his posthume Fame, the souls most considerable relict on earth, in whose Proxy she is happy or miserable to all posterity.

This Earl marryed to his second wife, the daughter of the old Countesse of Derby, and widow of the Lord Shandos, by whom she had a daughter marryed to the Lord Audley the Earls son. He was committed in December last, upon an accusation of such a racemation and cluster of abominations, as were never heard of before. First, for causing one Skipwith his Ganymede, (son to a maker of Usque bath in Ireland) and advanced by the Earls villany, (for it were a shame to call it bounty) to an estate of near a thousand pounds per annum, to ravish the Countesse, himself as­sisting: next, for procuring the same Skipwith and others to cuckold his son, by lying with his Lady in the presence of the Earl. Lastly, for acting Sodomy both upon Skipwith and others. After all these hellish deeds, some Lords expostulating with him in prison his motives to them, with an impudence sutable to his lewdnesse, he told them: As others had their several delights, some in one thing, some in another, so his hole delight was in dam­ning souls, by enticing men to such acts as might surely effect it: For these offences he was endited at Salisbury, and there found guilty by the Grand Enquest, whereupon he was transmitted to the Kings-bench-Bar.

His Arraignment there was April the 25. of this present year. Thomas Lord Coventry (being for that day constituted Lord High Steward of England) brought the Commission into the Court, where after an O yes made by the Serjant at Arms, he gave it to Sir Thomas Fanshaw Clerk of the Crown to read, who read it, and then the huisher of the Black rod kneeling down to the Lord High Steward, presented him with a white rod, the staffe of his Office. His seat was a chair of State, and underneath him sate the Peers, in number twenty six, viz. the Lord Treasurer, the Lord Privy Seal, the Earls of Arundel, Pembroke, Kent, Worcester, Bedford, Essex, Dorset, Salisbury, Leicester, Warwick, Carlile, Holland, [Page 116] Barkshire, Denbigh; the Vicounts, Wimbleton, Conway, Dorchester, Wentworth; the Barons, Percy, Strange, Clifford, Peters, North, Goring. And beneath the Nobility sate the Iudges assistants. The Commission read, and Oyes made, the Lord High Steward gave leave to the Peers to be covered, and then they were called over by their names, to which every one gave a particular answer. Then the Lieutenant of the Tower brought the Prisoner forth to the Bar, to whom the Lord High Steward declared the cause of his being brought thither. His endictment was read by Sir Thomas Fan­shaw, who asked him whether he were guilty, or not guilty. The Lord Audley replyed, Not guilty. Sir Thomas then demanded, How wilt thou be try'd? the Lord Audley reply'd, By God and my Peers. Then the Lord High Steward, addressing himself to the Peers, said;

The Prisoner is endicted of Rape and Sodomy, to which he hath pleaded not guilty; My duty it is to charge you with the Tryal of him, yours to judge. The cause may move in some pity, in others detestation, nei­ther of which ought to be put in the scale, for a grain on either side may sway the Ballance. But Reason must rule your affections, and your heads, your hearts. You are to give attentive heed, and weigh equally, that the scale may incline the right way. The Iudges will assist you in points of Law, whereof if doubts arise, you are to propound them to me, and I to them: Thus your Lordships are to proceed without Corporal Oath, for the Law supposeth you of such integrity, as you will doe that for Iustice, that others are compelled to by their Oathes. And so God direct you in it.

After the Lord High Steward had ended, the Atturney Gene­ral spake vehemently in aggravation of the crimes whereof the Prisoner was impeacht; then the witnesses were produced, and the Evidence upon Examination was found summarily this;

That the first or second night after marriage, the Lord and Lady being in bed together, he told her, That her body now was his, and that if she lay with any by his consent, the fault would be his, not hers. That Broadway by his command forcibly lay with her, whilest the Lord assisted him in holding her. This was proved by the testimony of the Lady her self the Defendant, and Broadway the assailant. The Sodomy was proved by Broad­way and Fits Patrick on whom it was acted. These were the main and capital offences; of lesse hainous nature in the eye of the Law, [Page 117] was his oft perswading Shipnith to act villany with the young Lady, whom he kept so short of maintenance, as she had no means but what Shipnith gave her, and that during Shipniths lewdnesse with her, he called up divers servants to behold them, he him­self much delighting therein. This was proved by the testimony of the young Lady herself, Shipnith, and four or five more.

To these the Earl pleaded, that his wife had been bad before, and so no competent witnesse against him. Then the Lord High Steward asked the Judges whether one may ravish a woman of ill fame? Who reply'd, An Whore may be ravisht, and it is fe­lony to doe it.

Then the Lords withdrew to consider of the evidence, and be­ing Found guilty, returned, the Lord High Steward demanded their several suffrages, who all, one by one pronounced him guilty of the Rape, and fifteen of Sodomy: which verdict being brought in, the Lord High Steward delivered sentence of death against him in these words;

For as much as thou Mervin Lord Audley; hast And condem­ned. been endicted of divers felonious crimes, for which thou didst desire to be try'd by God and thy Peers, which Tryal thou hast had, and they have found the guilty of them: Thy sentence is therefore, that thou return from hence to the place from whence thou camest, and from thence to the place of Execution, and there to hang by the neck till thou be dead. And the Lord have mercy on thy soul.

This doom being past upon him, the Court arose, and the His execution. Lord was remanded to the Tower, where he continued close prisoner till May 14. being the day of his Execution, when being brought to Tower-hill, he ascended the Scaffold, (waited on by his two Chaplains, Dr. Winiff Dean of Pauls, and Dr. Wickham) and made a short Cenfession, declaring himself many ways wor­thy of death, but solemnly protesting his innocency in those two faults whereof he stood condemned. His confession ended, he resorted to his prayers, after which bidding farewell to all the Spectators, and forgiving the Executioner, he yeilded his head to decussation, to the striking off, which was performed dex­trously, and at one blow.

One thing I offer as observable, and from mine autopsie, my self beholding, that having preserved his countenance all the while before in one constant tenor, he no sooner did addresse himself for the stroke of death, but his hands and face were in a moment overshadowed with such a swarthy metamorphosis, [Page 118] as neer resembled smoke-dryed Bacon. The like befell (as I was credibly informed) to one of noble eminency, whom Justice pur­sued to the like end, for a different offence, during these civil wars, as shall (God willing) take place in the sequel of this Nar­ration.

Thus dyed this titular piece of Nobility, like a bad Actor hist off the stage, of few lamented, for of few beloved.

Now we have done with the Malefactor, we will next arraign A remarque upon his of­fence. the Fact it self, I mean that transcendent one the Rape; it be­ing of so horrid and hideous a quality. For, whereas all other sins are the dictates of sensual pleasure or profit, and have their seminalities within the bed of natural corruption, this was a sin which even depraved nature would not own, as having no incen­tives to it, a sin whereunto the Devill himself seemed not acces­sary, a sin without temptation, a Rape without concupiscence, an abomination whose every grison and step should we climbe, we shall not be able in the hole Repertory of Fame to finde its pa­rallel. Some have made rude sallies upon female chastity, but it hath been to sate and allay the boiling extimulations of their own, rarely of others lusts. Possibly some, with whom to serve hath been to subsist, have been adjutants to their Masters in actions of like detestation, but who ever heard the practise counterchanged, or a Master voluntarily to officiate to his servant in a deed so execrable? Had it been acted upon a stranger it had been bad sufficiently, up­on an acquaintance much worse, upon an ally worse still, (as super-inducting Incest with Rape) but to perpetrate it upon her, whom the sacred ties of Wedlock had consigned up to him in the high­est notion of dearnesse, for a man to commit a Rape upon himself, (for so she was in truth) certainly there never was a sin of so odde and impartial a genius. Nor did the person on whom it was acted render the impiety more odious, then the mode and way of doing it: for whereas nature it self, in acts of such uncleannesse, (even be­tween married couples, who have the highest dispensations) de­clineth insolation and open view, this villany was acted as upon a common Theater, as if all the delight had been in the Spectacle, and all the pleasure in the Ostentation. So that in short (all cir­cumstances spell'd together) I may safely say it was a sin without Precedent of former ages, and which I hope posterity will never co­py out.

Iune the 27 following, Mr. Broadway and Fitz Patrick, ser­vants Broadway and Fitz Patrick arraigned. to, and concriminaries with the Lord Audley, were produced to trial at the Kings-bench Barre, and partly upon the evidence formerly given in by the Countesse, and re-avowed then by her, and partly upon their own confessions, were found guilty, the one of Rape, the other of Sodomy, and had sentence of death pro­nounced against them, and were executed at Tiburn Iuly 6.

[Page 119] Fitz Patrick in his last speech at the Gallowes reflected inve­ctively upon the Earl of Dorset as the beguiler of him into his de­struction; because, upon his examination before the Lords, the Earl promised in the name of the whole board, that whatsoever he gave in evidence against his Lord, should no waies prejudice himself, which moved him to declare his Lord guilty of Sodomy, and that the testimony he then gave against his Lord, was now the main cause of his own condemnation. As to the matter of fact for which the Lord suffered, he much lamented his Lord should dye in protestation of his innocence, for he professed the Lord was guilty of both those crimes for which he dyed. Much time he spent in addresses to the Virgin Mary and the Saints, and ended his life in the Romish perswasion.

Mr. Broadwaies confession was very ingenuous, Christian, and sincere; much blame he laid upon the Countesse as a woman of in­famous conversation, and much upon himself for his dissolute­nesse, for which in the most significant gestures of contrition he craved pardon from God, and dyed in much assurance of it.

In the same moneth of May wherein this Monster-Lord was Sir Giles Al­lington censu­red in the High Com­mission. sentenced, Sir Giles Allington fell also under censure for a sin of grand, though under-graduate abomination. This Knight (in other things a Gentleman of much honour) had against the advice of the Arch-bishop and other venerable Divines, marryed his own Neece, the daughter of Mr. Dalton, for which incestuous match he was questioned in the High Commission, with whom he tugg'd hard, and being a man of great estate, resolved he was to spare no cost which might be serviceable to quit him. First, his Ad­vocates pleaded it was not within the Levitical interdict, where the marriage of the Nephew with the Aunt is forbidden, but not of the Unkle with the Neece; and when the same parity of rea­son was urged, Bellarmines No was produced, because, saith he, The first everteth the natural subjection due from a Nephew to his Aunt, who must be his underling by the duty of a wife; whereas if a Neece doth marry her Uncle the natural subjection is rather doubled, then destroyed. But these arguments were rather dela­tory pastimes, then just evasions. Sir Giles his best refuge was to the Common Pleas, from whence he obtained two Rules; one, requiring the High Commissioners to shew cause why a Prohi­bition should not be granted. The other intimating, that if in the interim they proceed further, a Prohibition should be gran­ted: which so incensed the High Commissioners, as they sent in­stantly to acquaint the King therewith, who gave present order to the Lord Keeper to let the Judges know he did much distast such proceedings, whereupon the Common Pleas desisted from further interruption; and it was well they did, for the Bishop of Lon­don grew so high in passion, as he said he would move the Lord of [Page 120] Canterbury to excommunicate all the Iudges within his Province who should dare to act in such a Prohibition, and in case the Arch­bishop would not, he was resolved to do it in his Diocese, and de­nounce it himself in St. Pauls and other Churches.

Sir Giles thus stript of all Common Law protection, became the full But to receive the keen arrowes of a provoked Court, eight Bishops, and four other Commissioners were his Judges, and his sentence; Fine to the King Twelve thousand pounds to stand obliged in the penalty of Twenty thousand pounds never to co-habit or to come into private company with his Neece any more: to be committed to prison, or put in sufficient bail till both he and his Neece or Lady shall have done penance at Pauls Crosse, and at Great St. Maries in Cambridge at a day enjoyned by the Court. Never was Delinquent censured there by a more solemn and ve­nerable Consistory. Many spake excellent well; but Sir Henry Martin, whose custome it was before to outgo others, did then sur­passe himself.

The Court afforded little remarkable this year, save only that the Queen Nov. the 4. was delivered of her eldest Daughter, the Lady Mary.

The Kings thoughts were most abroad; and imployment those thoughts could not want, whilest his brother the Palizgrave wanted his patrimony; and though he was almost at the point of desperation, as to prevailing with the Emperour by precarious ap­plications, yet did he resolve once more to re-enforce his former instances: to which effect he dispatht Sir Robert Anstruther again as Ambassador to him. But the Emperour being not high enough to deny, nor low enough to grant, kept his old posture of procrastina­tion: whereof our King having advice from his Ambassador, inten­ding patiently to wait untill new emergences should occasion new counsels, gave him order still to attend and pursue his former in­structions, untill he should receive others.

In the mean time Gustavus King of Sweden, in the way of whose conquest nothing could stand, with a victorious sword made a furious inrode into Germany; the restauration of whose li­berties he made the design of that hostile incursion. And as the Prince Elector bare the greatest share in the oppression, so had he the fairest hopes of tasting the fruit of those conquests, espe­cially considering both that now that King began to be master of the field even in the Palatinate, the late and ancient patrimony of that Prince; and also how solicitous a zealot his Brother our King was in his concernment; for as in promotion of that great enterprise he had this summer sent over an aid of Six thousand Foot with Three hundred thousand Dollars to the King of Sweden under the conduct of the Marquesse Hamilton, so did he also in the spring of the next year dispatch an Ambassador to 1632. [Page 121] him, praying the Restauration of the Paliz-grave. But the King Ann. Christi 1632. of Sweden, (whether because he had prospered to an autocracy a self-subsistence, and so needed no participants either in the hazard, or glory of the archievement; or upon what other account, uncer­tain) neither entertained, nor imployed the Scots with that respect as was expected, most of them never encountring any enemy but those two fierce ones, Plague and Famine. Again, he set at first so high a rate upon what was sued for, as rendred it not worth accep­tance upon such harsh tearms: For he demanded from the Prince,

First, That he should enter Recognizance, of holding his Countrey 1. as a Donative of that King, and consequently should repute himself as his Beneficiary and Vassal.

Secondly, That he should make no Martial Levies without his 2. liking.

Thirdly, That he should, during those Wars, furnish him with so many thousands upon his own pay; more indeed then his desolate coun­trey 3. could maintain.

Fourthly, That two of his Head Towns should be left to the 4. King as Cautionaries for performing of Covenants, which should be made presidiary and Garisons to be maintained by the contribution of the Countrey.

Fifthly, That he should make no League nor Article with any other Prince, his consent not first had. 5.

These proposals were lookt upon by the Prince, rather as con­ditions tendred by a Conqueror to a vanquisht Foe, then acts of Grace to a distressed friend, nor did they answer that ambitious title of the LIBERATOR and DELIVERER of GER­MANY, to which that King pretended, with so intense a pas­sion.

The Palizgrave therefore loth to change his Lord only, and re­tain his old servitude, rejected these tearms as dishonorable, which being also resented as such by the Agents of France, and the uni­ted Provinces, and so represented to the King, he condescended to others of a more lenitive temper. But Heaven was no party The King of Sweden slain at Luizen. to those transactions, for when all things were even upon the point of signing, the supreme Disposer of all things signed a fa­tal countermand, giving a sudden stop to that brave Heroe in the full carreer of all his triumphs, by a death, natural to him as a Souldier, though violent as a Man: This dysaster happened at that memorable battel at Lutzen, Novemb. 6. where the King being too adventurously engaged in the thickest of his Troops, was slain by an hand, yea by a party, (whether his own or the enemies) un­certain. But that blow was not more fatal to himself, then to his adversaries, for no sooner did the noyse of the fall overspread his Army, but they redoubled their Martial fury, and consequently their blows, hewing down their stiffe opponents with so gallant [Page 122] courage, as they went off Victors with a vengeance, leaving dead on the place six thousand men.

This was the end of that renowned King, for sprightly metal the Caesar, for successe the Alexander of this Age, to whom we may apply what the Historian said of that Macedonian Prince. Eo clarior quod adole­scens in incre­mento rerum nondum alte­ram fortu­nam expertus decessit. Liv. 8. c 77. The Prince Elector dyeth. He was the more famous, because he was cut off in his youth, and in the growth of his prosperity, before fortune had ever forsaken him, or shewed him her averse.

Gustavus being thus taken away, the Prince Elector his Parti­cipant in his best Fortune would needs also be concomitant in his worst, and was at the same time I may say (not improperly) slain, he receiving his deaths wound thence, though not there. He had some few days before taken the infection at Mentz, being newly returned from visiting his Ally the Duke of Deux-Ponts; and was in an hopeful way of recovery, when news was brought him of the King of Swedens death, which he re-sented with so intense a passion, as he dyed the 29. of the same moneth. Nor could the restitution of Franckendal (the fairest flower of his Garland) bear up his Spirit from desponding and overwhelming with grief. For that Town having been so long, and so cl [...]se begirt by the Swedes, as it was reduced to a necessity of yeelding. And the Emperour and the King of Spain (aiming to convert that necessity into a favour, and to pick a thank from England, whose Ambassadors still ply'd his instances at the Imperial Court) ren­dred it up into the hands of the English Officers the 21. of that in­stant, being eight days before the Prince expired, so that he lived to know himself in part restored, though sorrow had so imbittered all relish of earthly joy, as his spirit was not susceptible of any other then doleful impressions.

The same year our King also dispatcht the Earl of Leicester to The Earl of Leicester Am­bassadour into Denmark. the King of Denmark his Vncle; the most considerable design of his Embassie was to condole the late decease of his Grandmo­ther the Lady Sophia Queen Dowager of Denmark; and to de­mand the dividend of a sixt part of what she left as due to him, and the Lady Elizabeth in right of Queen Anne their Mother; for by the Fundamental Law of that Kingdome all children, of whatsoever sex, inherit equal shares, allotting only to the eldest a double portion. The part due to our King and his Sister amounted to an hundred and fifty thousand pounds, which that King pro­mised to satisfie assoon as monies came in, but withall intimated that he desired to re-minde his Nephew of England of what he was in arrear of the thirty thousand pounds per mensem, which was due to him from the Crown of England, upon the contract made 1625. towards the support of his Army, so that the Earl finding the intrado of his Negotiation like to come to nothing, having con­doled, that is, after the Danish mode, made merry with that King, returned home.

[Page 123] This year the Protestants and English Plantators in Ireland, began to grow into some discontent: The Papists, especially the Romish Clergie, encreased excessively, to neer double the number of Reformed Beleevers, and became so insolent as openly to erect Discontents in Ireland. an University in Dublin, in emulation, or rather in defiance of the Kings College there: so that they had reason to fear sad ef­fects of their potency. Again, the King finding the Romish Ca­tholiques in that Kingdome so numerous, so ignorant, and with­all so poor, he thought fit for a while to dispense with the pe­nalty of the statute of twelve pence per Sunday for absence from the Church, especially being somewhat irritated by what was suggested to him (though untruly) that writs were issued out for levying those sines, before the quarterly contribution of five thousand pounds granted by the Countrey for maintenance of the Army was expired, which (had it been so) might have proved of dangerous consequence. This act of Grace as it elevated the pride of the Recusants, so it found amongst the Protestants a most unpleasing resentment: which was not a little ampliated by their great oppression, by an odious Papist Under-sheriff his unequal levying the last Contribution. These distempers made for, and in a manner made the Lord Vicount Wentworth; for whereas the Politique administration of that Kingdome was then entrusted to many, under the notion of Lords Justices with their Coun­cel, the King was perswaded that those humors would better settle and repose under a single Governour; and if so, no man more proper, none of more dexterous prudence, none of more assured fidelity then that Lord: of whom his Majesty had full experience in his Presidence of the North, which he discharged with so great wisdome, such fair integrity, as argued him wor­thy of the highest promotion: so that the King agreeable to the value he had for him, not more favouring, then righting him, invested him with the sole power of that Kingdome (in subordi­nation to himself alone) under the title of Lord Deputy.

December the 2. the King fell sick of the Small-Pocks, but the malignity was very remisse, and gentle, so as, by Gods blessing, he soon recovered.

The same month also he sent the Earl of Arundel to the Hague to his Sister, both to comfort her, and solicite her and her childrens journey into England: but she returned answer, that she craved her Brothers excuse for that time, having no disposition to so long a journey.

The same year St. Pauls Church prayed reparation for the dam­age A contributi­on for repair­ing of Saint Pauls. she had sustained by the sacrilegious hand of time. A gallanter exercise for Royal magnificence there could not be; and never King had a greater minde to the work, then King Charles; had he been stockt for it: but poverty (that grand oppressor of ver­tuous [Page 124] spirits) kept him short. But the good word of a great Man is worth gold, and though he was unfurnished himself, yet he commended her condition to such as were able; issuing forth a Commission to divers Lords and Gentlemen of note, willing them to exhort their adjacent neighbours to a large contributi­on, whereby though the summe raised by that Benevolence lookt bigge in grosse, yet did it much fail the expectation of the Bi­shop, and for his sake (it was supposed) suffered no small dimi­nution; for many had no fancy to the work, meerly because he was the promoter of it, (so ill are even the best actions relisht of men lapsed into common disdain) nor did some forbear to cry, What needs this waste to decore a superstitious relique? Ne­verthelesse the work went on, and her excoriated carkasse began to skin again, but with so slow a motion, as at length the distempers of the State marr'd the temper of the mortar, and made the Artists knock off abruptly, leaving that famous structure half ruin'd, half polite.

February the 11. there happened a terrible fire upon London-Bridge, which consumed very many houses, whereof the still extant gap and chasment is a visible demonstration.

Sorely vext was Bishop Laud to see his Cathedral so tedious in trimming, especially at such a time, as he did behold under his nose, so vigorous a construction of a little City, not super-edi­fied upon an old bottom, but upstart and new-emergent from the ground.

For the King having granted leave to the Earl of Bedford to edifie at pleasure upon the Convent Garden, it being of a very ample and spacious Area and Content; the Earl ply'd his de­sign with such celerity and quick dispatch, as he soon rear'd such numerous rows of stately and ambitious buildings, as made old London envy the magnificence of her Sub-urbicary sister.

But some thought this gallant structure of greater state, then safety, and that this Kings Father, upon better reason of state, restrained such erections. For Cities are the great rendez­vous of People, and where there is the greatest confluence of men, there will be the greatest power. And as all power is a kinde of grievance to them who obey, so no Power is more Tyrannical then that of a City, witnesse Athens, Sparta, and Rome. And if the excessive Grandure of Cities be intolerable in a Popular State, it is much more under a single Soveraignty. For there is nothing more adverse and opposite to Regality then a Re-publique, and as all Incorporations are in their Politique constitution ele­mented according to a popular Scheme, so are their Members usually principled agreeable to such intents, and onely at­tend untill an opinion of their formidable numbers, or some other serviceable emergency shall invite them to daring against Regal [Page 125] power. A truth which may be exemplify'd in the late deport­ment Ann. Christi 1633. of this Metropolis, whose Inhabitants this King sadly found the considerable Artificers of his ruine. A caveat to po­sterity, (whether, or not, to His, I leave to him whose wayes are past finding out) not to permit them to grow to a luxuriancy disproportionable from the interest of subjection.

The King you have heard before was in the 1. year of his Reign The Kings progresse into Scotland. inaugurated King of England; of England I say, not of Great Britain; wherein as Scotland challenged one moity, so had she a Crown to confer as well as England, and that Crown that Nati­on thought was worth the fetching, and so did the King also, at least seemingly, having it in such an anniversary consideration as every year (since his first) the time was prefixt, and his foot al­most in the stirrup for a Progresse thither. But some thing or other came ever travers and thwart in the very nick of time, and put him by, so that his often preparations for Scotland resem­bled those of Tiberius for visiting Provinces remote, (which Suetonius. gave him the by-name of Callipedes) who was ever going, yet never went. And the Scots themselves, none of the most candid interpreters of this Kings actions, lookt upon it no otherwayes, then as a meer mockery. The truth is, the King had no great stomach to the journey. For as the place had nothing of amenity or delight, so the Nation and race of men were not fashioned to the mode of Englands civilities, but under the scheme of an honest animosity and specious plain-dealing, most perfidious. But things safe preponderate and outweigh the pleasing, and it grew high time now not to delay and super-annuate longer this expectation. He had lately requested a great Person of that Na­tion, to whom the custody of the Crown was entrusted, to bring it into England, that he might be crowned here, and save a tedious Journey: whereto that Lord reply'd, He durst not be so false to his trust, but if his Majesty would be pleased to accept thereof in Scotland, he should finde those his People ready to yeeld him the highest honor, but should he long defer that duty, they might perhaps be inclin'd to make choyce of another King. And a while after the Marquesse Huntly, having obtained a Tolera­tion for the exercise of the Popish Religion in Scotland, That Councel stoutly told him, When his Majesty shall be pleased to come and be crowned amongst us, He will, we doubt not, be sworn to our Laws, mean while seeing he hath entrusted us with them, we will look they shall be observed: These speeches the King took as bold hints of his necessitated Progresse, so that finding that in reason of State, goe he must, resolved he was to appear there like himself, in a most Princely equipage. The suite and train of English Nobility he took along were the Earls of Nor­thumberland, Arundel, Pembroke, Southampton, Salisbury, Carlile, [Page 126] Holland, Monmouth and New-castle; the Bishop of London, Lora Treasurer, Secretary Coke, Vice-chamberlain, with many Gentle­men of quality.

May the 13. thus attended he set forward from London. His gests and motions were much fore-slowed by his making so ma­ny halts to receive the Noble treatments provided for him, by persons of Honor all along the rode; every hours repast being no lesse then a sumptuous feast. But the entertainment most of all august and Royal was that of the Earl of New-Castle at Welbeck, which was estimated to stand the Earl in at least six thousand pounds.

Iune the 10. he came to Edenburgh, the 18. was designed for His Coronati­on. the day of his Inauguration. Great Britain never saw any thing more solemn, never a more refulgent parade, and shew of bra­very then that celebrity: nor doth she afford a City more agree­ably disposed by Nature to represent such a triumph to the best advantage of beholders, then that of Edenburgh. For it being but one entire street, very spacious, seated on the prone and descend­ing part of an hill, pro-tended in a right line from the Castle to Holy-rood-house (the Kings Palace) at least a mile in length, and the King setting forth from the Castle with his suit of Nobles, rode in a most refulgent state through the City to the Palace, (where he was to be crowned) so as the Spectators eyes had a ful pursuit of all that glorious pomp, from the first to the last.

Thus was King Charles inaugurated King of Scotland, though The Scots ill­affected to him. not King of Scots; not all his most gracious and debonair mine towards them, could vest him in that Nations affection. His re­vocation (though most legal and innocent) of such things as had been depredated and scrambled away from the Crown in his Fa­thers minority, with a Commission of Surrenders of Superiori­ties and Tithes, by which the Ministers and Land-owners were bought out and redeemed from the Clientele and Vassallage of the Nobility and Laique Patrons, they could not concoct: these were the real causes of their disaffection to him; and because that disaffection durst not look abroad under such an odious extracti­on, therefore they were sedulous to faign another of better ac­ceptance. Soon after the Coronation followed an Assembly of Parliament, therein an Act of Ratification of all Acts formerly made, and then in force, rather for matter of form and course, then for necessity, was propounded: yet did it finde such obstru­ction, as with much difficulty it passed: for those irritated spi­rits, whom nothing could content, but what afforded matter of discontent, would not assent; suggesting though in a clandestine way, that the design of this Act was, but to maintain Episcopacy (which they thought but a great chip of the old block Popery) and what hopes of Reformation, what of planting the Gospel, [Page 127] what of erecting the Discipline of Jesus Christ so long as Epi­scopacy is established? But notwithstanding all these clancular, these close insinuations by these turbulent malevolents, the Act passed, and the King had so considerable and so many friends in that Kingdome, as they durst not then attempt any thing which might discompose the publique quiet.

Having thus dispatcht the serious part of his errand into Scotland, his Majesty gave himself the satisfaction of visiting Falkland, Sterling, and some other the most eminent places of pleasure, but in his return and passage from Brunt Iland over the Forth to Edenburgh, he escaped a great danger, the winde being boisterous, and the channel insecure. This done he hasted home, that is, unto the embraces of his dear Consort, where he ended his progresse Iuly the 20.

Not long after his return from Scotland, aged and self sear George Abbot the Titular Archbishop of Canterbury went to his everlasting home, August the 4. A very learned man he was, his Erudition all of the old stamp, stifly principled in the Doctrine of St. Augustine; which they who understand it not, call Calvinisme, therefore dis-relisht by them who incli­ned to the Massilian and Arminian Tenets. Pious, grave, and exemplary in his conversation. But some think a better Man then Archbishop, and that he was better qualified with me­rit for the Dignity, then with a spirit answering the functi­on, in the exercise whereof he was conceived too facile and yeelding; his extraordinary remisnesse in not exacting strict conformity to the prescribed Orders of the Church in point of ceremony, seemed to resolve those legall determinations to their first principle of indifferency, and led in such an habit of inconformity, as the future reduction of those tender conscien­ced men to long dis-continued obedience was interpreted an Innovation. This was the height of what I dare report his failings reacht to: That he was a Ring-leader of that Sect which lately appeared desperate proselytes, loth I am with a late Au­thor to affirm, warrant I have none to leave so ill a savour upon his same, nor can it be infallibly inferred from these men their being then in favour with him. Their principles perhaps were entertained since his death, or if before, not then declared, and untill such secrets be discovered, men may be mis­taken in those they favour, the greatest sufferer of these times was so.

Next this Archbishop succeeded William Land Bishop of London, and was translated September the 19. Higher he could not be advanced in England, in Rome he might, and Rome was so studious to adopt him hers as supposing his am­bition was not terminated so, before he was translated, she seri­ously [Page 128] made him a ridiculous tender of a Cardinals Cap to which he returned answer negative until Rome were other then it is. Implying that the Church had errors to which he could no waies conform, and had she been as Orthodox as ever, he who was Pri­mate here thought it not sorted with his honour to be second to any elsewhere.

The King having observed at his last being in Scotland that God Almighty was very negligently and as he thought unde­cently worshipt there, took the Reformation of Sacred wor­ship into his Princely care; and because innovations must be (though never so necessary) led in by degrees, he first began with his own Chappel at Holy-Rood House, and this October issued forth several Articles or Orders to be there observed by the Dean of his Chappel.

First, That prayers be said twice a day according to the En­glish form.

Secondly, That a Communion be held every moneth, and all Communicants to receive the blessed Eucharist on their knees.

Thirdly, That on Sundaies and Holi-daies he who officiates should constantly perform his duty in his Whites or Surplice. But these Directions, though backt with a Letter requiring exact obedience, and though only relating to the Kings private Chappel, yet were very slowly observed, the Bishop of Dun­blane then Dean of his Majesties Chappel, pleading now one thing, then another in his excuse, when in truth he knew well he should thereby displease the people; and what the consequence might be of displeasing a Nation so combustible, and whose fury would assume the greater liberty in the absence of his Majesty, as he did easily foresee, so did he think it concerned him to pre­vent.

In the year 1618. King Iames published a Command or De­claration tolerating sports on the Lords Day called Sunday. This Declaration then caused so many impetuous clamours against it, as it was soon after called in. And was this October re­vived and ratifi'd by King Charles. The expresse design of this was to restore the Feasts of Dedication of Churches com­monly called Wakes to their ancient solemnity, and to allow the use of lawful pastimes in the lower row upon that day. It was also argued in favour of it, That there was in the Kingdome a potent tendency in many to Judaisme, occasioned by the dan­gerous Doctrine and Positions of several Puritans, especially of one Theophilus Brabourn an obscure and ignorant School­master, asserting the perpetual and indispensable morality of the Sabbath of the fourth Commandement. Again in other no small inclination to Popery, occasion'd by the rigour and strict­nesse [Page 129] of Sabbatarian Ministers, in denying People recreations on Ann. Christi 1634. the Sunday. But all these plausible insinuations operated little to a welcome entertainment. Nor was there any one Royal Edict, during all King Charles his reign, resented with equal re­gret. The fault was least his Majesties, and not only ill Coun­sell, but ill custome was to blame: For the King might say of this his Day, as Iacob did once of God's House, Surely the Gen. 28. 16. Lord was in this Day, and I knew it not. For, too true it is, the Divinity of the Lords-Day, was then new Divinity at Court, where the publ [...]que Assemblies once over, the indulgence of se­cular Imployment and of Recreations, was thought so little dis­service to God, as (time sans memorie) not only civil affairs were usually debated at the Councel Table, but also represen­tations of Masques were rarely on other then Sabbath nights; and all this fomented by the both doctrine and practice of men, very eminent in the Church: which seemed the greater prodigy, that men who so eagerly cryed up their own Orders, and reve­nues for Divine, should so much de-cry the Lords-Day for being such, when they had no other Existence, then in relation to this; But of this elsewhere.

November the 6. the young Prince Elector, by the Proxie of the Earl of Dover, and the Duke of Lenox, received at Windsor the honor of Garter.

The 14. of the same moneth, the Queen was delivered of ano­ther Son, who was baptized the 24. by the name of Iames, and was after styled Duke of York.

February the 2d. (you may if you please call it Candlemas night) had been time out of minde celebrated at Court with somewhat more then ordinary solemnity: and never was any more glorious then that of this year: the four Innes of Court presenting both their Majesties at Whitehall, with a gallant Masque as a Symbole of their joynt affections. An exact account of this radiant shew, would make a bad shew in so grave a History, nor shall I need say more, then that for curiosity of fancy, for excellency of per­formance, for lustre and dazling splendor, this age, though pas­sionately addicted to the glory of such inventions, never before or since within this Ile afforded the like. So brave a spectacle it was, as it not only delighted the Court, but set the London Dames on longing to behold such gaiety within their City wals; upon this account some ten daies after both their Maje­sties, with their train of Court Grandees and Gentlemen Revel­lers, were solemnly invited to a most sumptuous banquet at Guild-hall, where that resplendent shew was iterated, and re-ex­hibited, so as not only this year, but this moneth may be said to have had two Candlemas nights. This entertainment was very costly to the City, so dear was then, I say not this King, but their [Page 130] own vanity to them, and that their vanity was dearer to them then their King is evident, because some few years after, when they flourished, and he wanted most to represse the Scotish-darings, he could not obtain from them any the least pittance of supply.

The next spring his Majesty fell upon Davids design, but not upon Davids sin, of numbring the People, the ground whereof was this.

Forein Princes and States with whom he was in amity, were earnest suitors to him, that by his leave they might make some military levies within his Dominions. Willing he was to com­ply with those desires, but would first provide against his own prejudice; that he might therefore take the better notice of what was supernumerary to his own preservation, he caused a general mu­ster to be made of all persons (under the degree of Esquires) fit to bear arms from the age of sixteen to sixty, and after the return of the Roll he condescended to their requests.

This summer the King, following the Counsel of Themisto­cles, began to apply himself to the mastery of the British seas, to which he had most potent provocations: for his coasts were not only infected with Pickroons, Turks, and Dunkirk-Pirats to the great dammage of traffique, but his very Dominion in the narrow seas actually usurped by the Holland-Fishers, and the right it self in good earnest disputed, by a late Tract of learned Grotius called More liberum: These were craving occasions and concernments not of honour only, but of safety also. And how these could be provided for was the grand difficulty, for the charge of the enterprise would be excessive, and his Exchequer empty, how that vacuity should be filled up was a Question, and that Question King Charles his infelicity; for without all question the most natural and proper resort had been to his Subjects in Parliament, but his and their late so unfriendly, so unkinde parting, gave him slender assurance of relief from them, and made him loth to give himself the trouble of their denial. And for such Subjects, to deny such a King, upon such an occasion was (he thought) a deplorable case. Had he wasted and decocted his Treasure in luxury and riot, had he been profuse in bounty to his Favourites, and had contracted want that way; had he prest upon his Peoples liberties above the mode of his progenitors, and so alienated their affections; had not his people been in state to supply him, all these had been considerable and every one some­thing. But never King was more frugal, never King more re­tentive in his largesses, never King had made more obliging concessions to his Subjects.

This disinclination of the Parliament to assist the King, and his impendent necessity, had power, I will not say cause, enough [Page 131] to urge in another King a repetition of Privy Seals, Loans, and such disgustfull impositions. But to King Charles it was sufficient they were illegal, resolved he was no extremity, no not an invincible, and fatal one, should provoke him to temerate, to violate those Lawes; yet if any thing did happily escape (as he hoped there did) the curiosity of the late restraint upon him by the Petition of Right, or was left at the dispose of his Prerogative, he doubted not but he might without scruple of conscience to himself, or offence to the publique, take benefit thereof. Therefore for a cunning man (the cunning'st at such a Project of any within his three Domini­ons) he sends, that is, for his Atturney generall Noy, tels him what he had in contemplation, bids him contrive the mode (but a legal one) for defraying the expence. Away goes the subtile engineer, and at length from old records progs and bolts out an ancient Precedent of raising a Tax upon the hole Kingdome, for setting forth a Navy in case of danger. The King glad of the discovery, as of Treasure trouve, presently issued out writs to all Countries within the Realm, declaring that the safety of the Kingdome was in danger (and so it was indeed) and that therefore every County should for the defence of the Kingdome, against a day prefixt, provide ships of so many Tun, with Guns, Gunpowder, Tackle, and all other things necessary. But before these ships could be fit­ted to flote upon the main, they were dry-foundred at land. For the Tax being a burden, every man began to study how to decline the weight. The Clergy pleaded immunity from all secular and civill charges. But the Judges argued against them that there is Trinoda necessitas, a threefold necessity which binds all, as well Clergy as Laity; viz. Aid in War, (such as this) the building of Bridges, and making of Forts; neverthelesse the King upon the Arch­bishops entreaty granted them exemption. Again the Mediterrane­ans the Highlanders muttered at the Imposition, alledging that it being a Naval Tax, it ought in reason and equity to be born by the Par-alious, the Maritime parts. But the objection paramount, and above all was, that it was charged out of Parliament, and so con­trary to the Petition of right. The severall processes and moti­ons of this Difference, and how at length it reposed, are not now in season, but will more tempestively occurre in the ensuing series of this narration. For

Next to the birth of the Project, succeedeth the death of the Projector. That Atturny Generall ending this life August the ninth. His decease following his invention of Shipmony so close at the heels, seemed to the people as an overture of some benignity from heaven, and almost perswaded them that God was interested in what they accounted their oppression. He was a man passing humorous, of a Cynical rusticity, a most indefatigable plodder, and searcher of ancient Records, whereby he became an eminent instrument both [Page 132] of good and ill (and of which most is a great question) to the Kings prerogative. For during the time that Parliaments were frequent, he appeared a stout Patriot of the Comminalty, and in the last was an active opponent in the difference concerning Tonnage and Poun­dage. But when the Dissolution of that was, in most mens appre­hensions, the end of all; No sooner did the King shew him the lure of advancement, but quitting all his former inclinations, he wheel'd about to the Prerogative, and made amends with his future service, for all his former dis-obligations.

About the same time Axel Oxenstiern, the grand Chancellor, and generall Director of the Swedish affaires, sent over his son (a Gentleman of singular Gallantry and accomplishments) in the qua­lity of an Ambassadour to our King, who treated him very nobly sutable to his both merit and extraction; but in regard he came without credential Letters from the Queen of Sweden, and the King was ignorant of the latitude and extent of his Fathers power as to constituting Ambassadours, he denyed him Audience, whereupon he returned in some disgust.

This year there was a Parliament called in Ireland at the motion of the Lord Deputy, founded upon very considerable reasons. In the time of Edward the third, that Kingdome did yeeld to the Crown ultra reprisas, all charges born, thirty thousand pound per annum. But now his Majestics Revenue fell short of defraying the yearly charge twenty thousand pound per annum, which was supplyed by way of contribution from the Subject, and the Crown had con­tracted a debt of eighty thousand pounds. This contribution was to determine the next year, and renewed it could not legally be but by Parliament, and if that Parliament would but grant three Sub­sidies, they would advance enough to maintain the Army, and providently ordered to discharge his Majesties debt; and that the Parliament should be inclined thereto, the King had many reasons to hope. First, they had granted but one Subsidy since the initiation of King Iames his reign. Secondly, the Kingdome was now grown-rich, peace begetting plenty. Lastly his Majesty had lately obliged them by setling all Estates where there had been twenty years continued prossession; nor did his expectation mis-carry, the Lord Deputy proceeding with that prudence, that he obtained his ends.

The same time also there was in that Kingdome a Synod assem­bled, wherein the System, the Body of Articles formed by that Church Anno 1615. were repealed, and in their place were substituted the 39. Articles of the Church of England; intending to create an uniformity of belief between both Churches. Many were not very well pleased at this alteration, in regard the former Articles contained expressely the nine Articles of Lambeth, framed in opposition to the Arminian Tenets; and were inserted there by [Page 133] especial direction and order from King Iames. Again there was another Article of the same edition, wherein the Sanctification of the Lords-day was asserted as a duty of Divine Right, for default of which, in those of the English model, men were left at liberty to opine what they pleased concerning its sacred institution, and by consequence a wide door opened to its profanation by licenti­ous libertines.

I must not leave Ireland before I have vindicated the innocence of the Lord Deputy from an accusation, or rather a calumny of Mr. Pryn, who extracts from Sir Thomas Duttons letter, a relati­on of a great mutiny of Papists in Dublin, which he fixeth upon this year, and delivereth it as the effect of the Lord Deputy his con­nivence, and fomenting that faction: in both which the man is grosly mistaken, for that mutiny he mentioneth anteceded this Lords De­putation two years, as this Narrative hath placed it. And for the Popish Recusants certain it is, they never were kept within stricter duty, nor held closer to loyal obedience then during the time he go­verned them.

The Scottish discontents I mentioned in the last Annal, which The Scots be­gin to plot against the King. the King left behinde him boyling upon a soft and gentle fire, began now to contract a little more confidence in his absence, and to tempt his patience by a most mal [...]tious plot against his fame, as preambulatory to another against his Person. The peoples mindes were not yet made susceptible enough of, not sufficiently infected with, their mischievous impressions; and because the first work and operation in the method of sedition, is to leaven that masse, first they whispered and instill'd into them close intelligence of some terrible plot against their liberties; then they sent abroad a venemous Libel, wherein they endevoured to in­fame the Kings proceedings in the last Parliament, as indirect, to charge him with the suborning of, and corrupting the then suffrages, and suggested formidable fictions of his tendency to the Romish Belief.

This virulent paper passing through many hands, fell at length into some of disaffected inclinations, who presently as duty dictated, informed the Lords of the Privy Councel thereof; upon which ensued a strict and narrow search into the authors and abetters thereof; the contrivet was discovered to be one Hagge then escaped, and the chief of the abetters was the Lord Balmerino.

This Lords Father was a creature of King Iames, and by him The Lord Bal­merino arraig­ned. advanced to be his chief Secretary of State; a seeming Pro­testant, but inside Romanist. Being a Minister of so neer admission to the King, he had been often tampering with him to send a letter of compliment (contrived by himself) to Pope Clement, which the King as oft refused not without indignation [Page 134] at the motion. Whereupon Balmerino taking advantage of the Kings haste when he was going on hunting he being to sign several other dispatches, he cunningly shuffled in that Letter amongst the rest, so as the King signed it unawares. Some years after Cardinall Bellarmine mentioning that Letter to the Matth. Tort ad Apolog. Anglic. Responsio. Kings dis-advantage, and the King taking notice thereof questi­oned his Secretary for it, who upon his triall confessed the whole truth, for which he was by his Peers found guilty, and sutable to his merit adjudged to be hang'd, drawn and quarte­red, and his estate confiscated to the Crown. But that King was mild beyond measure, some thought beyond policy, and all this notwithstanding would not spill his bloud, which was a clemency most transcendent, had his mercy ended there; but that pardon which was too much mercy for so high an offender, was, he thought, too little for so great a King, therefore in tract of time he shined upon him with such grace, as restored him both in bloud and estate. This Lord being heir ex asse (even to his very perfidiousnesse) of what was his Fathers, being thus lapsed into a similary crime, underwent similary proceedings of trial and arraignment, was also by his Peers found guilty, and sentence of death ready to be pronounced against him. True it is, the verdict of his Peers past amongst those who wished well both to him and that Libel, as over severe. But the malefactor finding himself convicted, and by consequence his life at the dispose of his Majesty, had the wit his Father taught him, to re­sort to the Kings mercy, which (that the parallel might still pro­ceed) was a gratiously dispensed to him. This Princely favour the Lord received (as well it merited) in the lowest posture of a suppliant on his knees, with highest recognizance of his Majesties goodnesse, and deepest vowes of future loyalty that an obligation so high could deserve. But long he held not to the conscience of those protestations, so ingratefully relapsing some few years after, as if he had only craved leave to offend againe.

During these proceedings against this Lord, the Earl of Kenoul Lord Chancellor of that Kingdome dyed, next whom succeeded the Archbishop of St. Andrews, a thing not known in that King­dome for the space of three hundred years before, for a Clergy man to bear that office.

In England fell two great Favorites of different parties, of the Comminalties one, of the Kings another: of the Commi­nalties, Sir Edward Coke, who dyed about the latter end of this Sir Edward Coke dyeth. Summer. Full of dayes he dyed, most whereof he had spent in eminent place and honour. His abilities in the Common Law, whereof he passed for the great Oracle, raysing him to the dignity first of Atturney General to Queen Elizabeth, then [Page 135] of Lord Chief Iustice of the Kings Bench under King Iames. His advancement he lost the same way he got it, by his tongue. So rare is it for a man very eloquent, not to be over loquent. Long lived he in that retirement to which Court indignation had remitted him, yet was not his re-cesse in-glorious; for at improving a disgrace to the best advantage, he was so excellent, as King Iames said of him, He was like a Cat, throw her which way you will, she will light upon her feet. And finding a cloud at the Court, he made sure of fair weather in the Countrey; applying himself so de­voutly to popular interest, as in succeeding Parliaments, the Prerogative felt him, as her ablest, so her most active oppo­nent. Upon which account he was once made High Sheriffe of Buckinghamshire, on purpose to exclude him the ensuing Parliament, there being an especial Nolumus and clause in his Commission prohibiting his election; notwithstanding which elected he was in Norfolk, and those words of Restraint, upon de­bate of the Question in the House of Commons voted void.

On the Kings, the Great Lord Treasurer Sir Richard Weston Lord Treasurer dy­eth. Weston Earl of Portland, this year and he almost expiring together, he ending this life March the thirteenth. A sad losse to the King, and the sadder because he thought it irre­parable. The truth is, he was a person very able for the office, and the Exchequer was in the mending hand, while he enjoyed that place, for he had a singular artifice both in improving the in­comes, and in a frugal moderation of his Masters expences: But the Kings sorrow was not so extreme for him, but the peoples joy was full as great. For there was now grown so sad an antipathy between his Majestie and his Sub­jects, that like those two Emperors Antonine and Geta, they Xiphiline. were alwayes of contrary senses and minds, rarely agreeing in any one particular. The deportment whereby he so dis­obliged the Comminalty was his promoting Monopolies, and other advantages of Regality. The Archbishop and he were usually at great odds, yet both in high favour with the King. His vacant place was for the present entrusted to Commissioners untill the King should otherwayes dispose thereof.

The Archbishop was now grown as great as power could make him, and active in the exercise of that power beyond the practice of his Predecessor, whereby he set many tongues about his ears: Men beginning now to rant it in their petulancy to Libel and reproaching; and more then men, women also, a­mongst these the Lady Purbeck meditating a piece of petty re­venge for his so severe censure of her in the high Commission, vented words of deep disgrace against him, for which by the Arch­bishops procurement she was committed March the 24.

[Page 136] The Parenthesis of the Kings private losse in the Lord Treasurer did not create in him a neglect of his publick charge, but he had stil his thoughts fixt upon the general affairs, especially upon his Naval p [...]eparation, which now began to promise fair toward the design. For besides a squadron of twenty ships then fitting for the conduct of the Earl of Essex, he had compleated a fleet of forty more gal­lantly appointed, which dis-ancred May the 4. and were comman­ded by the Earl of Northumberland as Admiral. But all the service they performed this summer was inconsiderable in regard they never came to engagement, only their formidable appearance secu­red the seas from those petty-larcenies and piracies, wherewith they were formerly so molested.

Septemb. the 29. the Earl of Arundel brought up to London out Robert Parr an aged man. of Shropshire, one Robert Parr as the wonder of our times for anno­sity and long life, this Macrobius having attained to the age of neer 160. and probably he might have continued longer, had not so tedious a journey, and over-violent agitation of his aged body accelerated his end, so that it may be said, he sacrificed some years to others curiosity.

In November, Charles Prince Elector came over into England, to tender dues of honour and respect to his uncle our King, and part­ly The Prince Elector arri­ved. to solicite towards his restauration. His passage was very turbu­lent, being after his embarque, twice driven back by tempest, and when at last he came upon the English Coast, and was to be recei­ved by Sir Iohn Pennington into the Vant-guard, which welcomed him with a volee of great shot, it fortuned an unhappy boy gave fire without order to a peece of Ordinance, whose ball entred the Ship where his Highnesse was abord, and killed two men not far distant from him, at which he was much affrighted. His reception at Court was with all possible ceremonies and caresses of compli­ment, to whom the Prince of Wales resigned up his lodging at White-hall.

December the 28. the Queen was delivered of another Daughter, who was Christened Elizabeth, Ianuary the 2.

Soon after arrived at London Prince Rupertus, second brother to his Electoral Highnesse the Prince Palatine.

And at the heels of him followed an Ambassador from Holland, sent to congratulate with their Majesties, the happy birth of their An Ambassa­dor from Hol­land. second Daughter, and because compli-ments are valued according to the cost is in them, they perfumed this respect with presenting to them a massive piece of Ambre Gris, two huge Basons of China-earth, a noble clock, the manufacture, the workmanship of Rodol­phus the Emperor, and four rare Tables of Painture.

Affairs of the Treasury being managed by Commissioners, Bishop Iuxon made Lord Treasurer. many hot disputes were generated amongst them, especially be­tween the Archbishop and the Lord Cottington; so as the Kings [Page 137] discretion was called in to part the fray, by committing the staffe of that office into the hands of William Iuxon Lord Bishop of London, March 6. who though he was none of the greatest Scholars, yet was withall none of the worst Bishops. Men of the most re-searched nations are not usually the best qualified for Govern­ment, either Ecclesiastical, or Political, to know, and to be wise, are two. And as his moderate and equal temper in Church affaires gained love, so in those of the State he preserved it by the same con­stant calmnesse, and withall exhibited therein clear demonstration of his intemerate integrity, qualities meritorious of good esteem.

About this time began great commotions and stirres in the Church concerning ceremonies.

The Bishops of late years supinely, either carelesse, or indulgent, Commotions about ceremo­nies of the Church. had not required within their Diocesses that strict obedience to Ecclesiasticall constitutions, which the law expected: Upon this the Leiturgy began to be in a manner totally laid aside, and in con­formity the uniforme practise of the Church. The now Archbishop was of another mind and metall; that the external worship of God should follow the fashion of every private fancy, he did not like; and what he did not like in that subject, as he was in state, so he thought it was his duty to reforme. Therefore keeping this year his Metropoliticall visitation, he cals upon all both Clergy and Laity to observe the Rules of the Church. Can it give just offence to say that, thus far, he did but what sorted with the office of so great a Prelate? Where there is not a legal settle­m [...]nt for the upholding uniformity, Schisme will flow in apace; and the Church hath experimentally found, Schism in things adio­phorous, is as fatall to her well being, as Heresie in points Dog­matical. And better no lawes at all, then that notwithstanding such establishments, men be permitted in practise to go lesse. But his zeal to order, that carried him thus far, transported him a little too far. The Communion Table which formerly stood in the midst of the Church or Chancel, he injoyned to be placed at the East end, upon a graduated advance of ground, with the ends inverted, and a woodden traverse of railes before it, to keep Profanation off, to which Railes all Communicants were to re­sort. These things were decent and comely in contemplation, and had been so in practise, had they been within the rule of the Church directions, but being anomalous, innovations, and so severely urged, many became thereupon precise, and separated themselves into factious fidings; nor was this a Schisme of an or­dinary assise, but grew to that processe, to that degree, as, to speak in the primitive mode, Altar was erected against Altar, that is, one Bishop impugned and opposed another; for the Bishop of Lincoln (being affronted by one Titly Vicar of Grantham) published a Tract under a conceiled name, positively asserting therein, That the holy­table [Page 138] anciently did in the Primitive times, and ought so in ours, ac­cording Ann. Christi 1636. to the Dictates of our Church, stand in gremio, and have of the quire. And as the Archbishop whilst he so vehemently pursu­ed order, did a little out run authority; so was he unhappy in those he did imploy as instruments and subordinates under him, some whereof endevoured to superinduct many things as will-worship of their own, and which came within a Mathematical line of Popery; nor were they blamelesse in their lives, some being vicious even to scandal, nor of so meek and humble behaviour as was to be wisht, but insolent at a rate so intolerable, as one was bold to say, be hoped to live to see the day, when a Minister should be as good a man, as any Iack Gentleman in England: to such an heighth of infatuation, had a petty blaze of mistaken honor elevated this high Flyer; who in lieu of those frolique days he looked to see, lived to see that very Hierar­chy extirpated, and lived to see himself de-plumed of all his Pomp. These exorbitances of those sons of Eli, from the rules of Ethicks, created a very great disgust against them, and many well enough affected to their Empire, did exceedingly blame their imperiosity. The Presbyterians were gainers by all this, being men for the gene­rality free of any moral scandal, saving that they were thought Phi­largyrous, and over solicitous of filthy lucre, and pretended to a most demure formality and supple mildnesse, plausible insinuations into vulgar esteem, whereby they daily prevailed upon the affections of such, who little thought such outside lambs, had clawes and asperi­ties (so cunningly did they conceal them) far more sharp and terrible then the Prelates, whereof they gave shortly after sensible demon­stration.

The next Summer the Royal Fleet now completed to sixty sail of tall ships, set sail from the Downes for the North, to scour that Sea as of Pirates, so of the Flemish Busses; which they did to so good effect, as they were soon reduced to a precarious condition, and to entreat the favour of fishing by his Majesties commission: a veniality the King was most ready to indulge them; For first, in that prepa­ration he had no design paramount to the preservation of his Rega­lities in the British Ocean; this gained, he sought no more. Again, he knew well that nothing was more pettinent to the Prince Electors interest then the correspondence of those States, nor was any assi­stance more like to mean and procure his Restauration then theirs, and therefore it was good policy to oblige them with all fair shews of amity. For the Kings passion for his Nephews restauration did not at all languish, but rather contracted new vigour from his presence at the English Court. And because there was indicted an Impe­rial Diet at Ratisbone, Septemb. the 16. of this year, for the Electi­on of an Emperor, he was resolved once more to solicite his cause, hoping the change of the person might dispose to a change of minde. The instrument he made choyce of for this affair, was the [Page 139] Earl of Arundel, Lord Marshal of England, in most gallant equipage he went attended with a noble train, and coming to the Imperial Court, he presented his Masters request to the Em­perour; who reply'd that it was probable that Prince might be Earl of Arun del sent Am­bassador into Germany. re-admitted to enjoy the lower Palatinate, but as to the higher it was not likely that the Duke of Bavaria, who then possest himself of it, would listen to any proposition destructive to his present interest therein. A very sharp and fierce encounter there was between the Ambassadour and the Deputies of the Emper­our upon this subject, so as they could hardly temper themselves from offensive contumelies. Some of the Electors in the Diet were very inclinable to the restitution, conceiving that it would be very difficult to found a stedy peace without it, but the Duke of Bavaria said peremptorily he would neither part with the ter­ritories, nor Dignity Electoral, while he was able by the sword to hold them: whereupon the Lord Ambassadour much incensed that he so long attended to so little purpose, without deigning any the honour of an a Dieu, made haste away: and though the Emperour did send the Spanish and Pologn Ambassadors after to appease him, and to request his patience but a moneth longer, yet would he not be exorated or be prevailed with, but came direct­ly home, having first dispatcht Letters of advice to his Master, concerning the state of his Negotiation; whereby the King dis­contented at the small regard his Ambassadour found at the Im­perial Diet, was prompted to return an equal slight upon an Agent imployed soon after by the Emperour hither about the same affair.

This breach between our King and the Emperour, did not Overtures of a match between the King of Poland and the Lady Eliza­beth. at this time more seem to frown upon, then another occasion to flatter that Princes fortunes; for now the King of Poland sent Prince Ratzevill to treat with our King of a marriage be­tween that King and the Lady Elizabeth, sister of the Prince Elector; which was prosecuted to a very neer point of conclusion. Certain it is, that King was seriously inclined to the match, but he being an Elective Prince, was in such an affair to submit to the Diet of that Kingdome, and in that it found so fair accep­tance, as two of the three Estates had once accorded to it. But the Clergy making a pawse in their consent, upon a seeming suggestion, that the businesse was of too high importance to be so precipitated, in the interim interveneth a proposition from the Emperour and King of Spain, of Cecilia Arch-Dutchesse, and second sister of the Emperour. This overture so soon wrought upon that Nation, as renouncing all further treaty with England, or any other State, the match was instantly concluded with that Austrian Lady, and the Prince Elector remitted to his former state of diffidence, if not of despair.

[Page 140] The Archbishop of Canterbury having in his Provincial visita­tion the last year setled Church affairs in most places to his minde, though thereby he had unsetled and discomposed the mindes of others, began now to cast a narrow eye upon the Univer­sity of Cambridge. Some spies had informed him, that not only Divine Service was performed, but also Sacraments administred in several Chappels there, as in those of Emanuel and Sidney-Suffex Colledge, which had not yet been consecrated. This he thought an high indignity to Religion, and such as created a necessity of his visitation. But the University hearing of what he purposed, pretended an exemption from his Jurisdiction, that they had the Power he challenged within the Charter of their own Founda­tion; and that saving themselves, none had right to visit them, unlesse it were his Majesty, whom they agnised as their Founder. Whereupon so hot a contest arose between the Archbishop and the University, that it came to an hearing before the King and his Privy Councel at Hampton Court, where it was overruled for the Archbishop.

In Michaelmas tearm was canvassed and debated that grand The great de­bate about Ship-money. controversie between the King and Subject about Shipmoney: for the Ship-writs having been issued out August the 11. 1635. to divers Counties, many Inhabitants, and amongst the rest Mr. Hambden of Buckinghamshire, assessed by the Sheriffe, made de­fault of payment, whereupon the King (so steddy a respect did he defer to justice) equally hating to be either flattered into, or frighted from the belief of its legality, wrote a letter to the Judges, demanding their opinions upon the case stated, the Letter was,

To our trusty and well-beloved Sir John Bramston, Knight, Chief Iustice of Our Bench, Sir John Finch, Knight, Chief Iustice of Our Court of Common Pleas, Sir Humphry Davenport, Knight, Chief Baron of Our Court of Exchequer, and to the rest of the Iudges of Our Courts of Kings Bench, Common Pleas, and the Barons of our Court of Exchequer,

Charles Rex.

Trusty and well-beloved, we greet you well, taking into Our Princely consideration, that the Honor and safety of this Our Realm of England, the preservation whereof is only [Page 141] entrusted to Our care, was, and is, more dear­ly concern'd then in late former times; as well by divers counsels and attempts to take from Us the Dominion of the Seas, of which We are sole Lord, and rightful Owner, or Pro­priator, and the losse whereof would be of greatest danger, and peril to this Kingdome, and other Our I ominions, and many other wayes: We, for the avoiding of these and the like dangers, well weighing with Our self that where the good and safety of the King­dome in general is concern'd, and the whole Kingdome in danger, there the charge and de­fence ought to be born by all the Realm in general: did, for the preventing so pub­lique a mischief, resolve with Our self to have a Royal Navy prepared, that might be of force and power (with Almighty Gods bles­sing and assistance) to protect and defend this Our Realm, and Our Subjects therein from all such perils and dangers, and for that pur­pose We issued forth writs under Our Great Seal of England, directed to all Our Sheriffs of Our several Counties of England and Wales, Commanding thereby all Our said Subjects, in every City, Town, and Vil­lage, to provide such a number of Ships, well furnisht, as might serve for this Royal pur­pose, and which might be done with the [Page 142] greatest equality that could be. In perform­ance whereof, though generally throughout all the Counties of this Our Realm, We have found in Our Subjects great chearful­nesse and alacrity, which We gratiously in­terpret as a testimony, as well of their duti­ful affection to us, and our service, as of the respect they have to the Publique, which well becometh every good Subject; Neverthelesse finding that some few, happily out of igno­rance what the Lawes and Customes of this Realm are, or out of a desire to be eased in their particulars, how general soever the chargebe, or ought to be, have not yet paid and contributed to the several Rates and As­sessements that were set upon them. And fore-seeing in Our Princely wisdome, that from thence divers Suites and Actions are not unlikely to be commenced, and prosecu­ted in our several Courts at Westminster; We, desirous to avoid such inconveniences, and out of Our Princely love and affection to all Our People, being willing to prevent such er­rours as any of Our loving Subjects may happen to run into, have thought fit in a case of this nature to advise with you Our Judges, who We doubt not are well studyed and in­formed in the Rights of Our Soveraignty. And because the trials in Our several Courts, [Page 143] by the formalities in pleading, will require a long protraction, We have thought fit by this Letter directed to you all, to require your Judgments in the Case, as it is set down in the inclosed Paper, which will not only gain time, but also be of more Authority to over-rule any prejudicate opinions of others in the Point. Given under Our Signet at Our Court of White-hall, the 2. day of February in the twelfth year of Our Reign, 1636.

Charles Rex.
Charles Rex.

When the good and safety of the Kingdome in general is concern'd, and the whole King­dome in danger; whether may not the King by Writ under the Great Seal of England, command all the Subjects in his Kingdome at their charge to provide and furnish such num­ber of Ships with men, victuals, and Muni­tion, and for such time as he shall think fit for the defence and safeguard of the King­dome from such danger and peril, and by Law compell the doing thereof in case of refusall or refractorinesse: and whether in such case is not the King the sole Iudge both of the dan­ger, and when, and how the same is to be pre­vented and avoided?

To which the Judges delivered their opinions as fol­loweth.

May it please your most excellent Majesty, we have according to your Majesties command, severally, and every man by himself, and all of us together, taken into serious consideration the case and questions signed by your Majesty, and inclosed in your Letter. And we are of opinion, that, when the good and safety of the Kingdome in general is concerned, and the hole Kingdome in danger, your Majesty may by Writ, un­der your Great Seal of England, command all the Sub­jects of this your Kingdome, at their charge to provide and furnish such number of Ships with men, victual, munition, and for such time as your Majesty shall think fit, for the defence and safeguard of the King­dome from such perill and danger. And, that by Law your Majesty may compell the doing thereof in case of refusal or refractorinesse. And we are also of opinion, that in such [...]ase your Majesty is the sole judge both of the danger, [...]nd when, and how the same is to be pre­vented, and avoided.

  • Iohn Bramston.
  • Iohn Finch.
  • Humphrey Davenport.
  • Iohn Denham.
  • Richard Hutton.
  • William Iones.
  • George Crook.
  • Thomas Trever.
  • George Vernon.
  • Robert Barkly.
  • Francis Crauly.
  • Richard Weston.

These opinions being subscribed by all the Judges, and in­rolled in all the Courts of Westminster Hall, the King thought he had now warrant sufficient to proceed against all defaulters, and especially against Mr. Hambden, who being summoned by processe, appeared and required Oyer of the Ship-writs, which be­ing read he demurred in Law, and demanded the opinion of all the Judges upon the legall sufficiency of those Writs.

This great case coming to be argued in the Exchequer, the major part of the Judges delivered their opinions in fa­vour of the Writs, and accordingly the Barons gave judgement against Mr. Hambden; yet did not the question altogether so repose, but Mr. Hambden observing some Judges, viz. Crook and Hutton of a contrary sense, held up the contest still, though all in vain, all his inquietude not gaining him the least acquit­tall untill an higher power interposed.

March the 17. the Queen bare to the King a second daughter the Lady Princesse Anne.

[Page 145] Iune the 14. a Triumvirate of Libellers, Mr. Prin a Barrester of Lincolns Inne, Dr. Bastwick, a Physitian, and Mr. Burton a Di­vine, Ann. Christi 1637. sometimes Tutor to the King, received a severe censure in the Star-chamber. The crimes, whereof the information against them consisted, were homogeneous, and all of a sute, though the men of different Professions. Mr. Prynne was sentenced for pub­lishing some pamphlets scandalous both to Episcopal Government it self, and also to the Bishops; Dr. Bastwick for a Latine Apology ad Praesules Anglicanos, and a Litany very virulent against them; Mr. Burton for two pamphlets of similary nature, and argument, and of as tart a style. For these offences the Court awarded them a smart punishment; Mr. Prynne felt the heaviest stroke, be­cause he had been censured there formerly, and an additional of­fence deserved, they thought, an additional castigation. He was fined five thousand pounds to the King, to lose the remainder of his ears in the Pillory, to be stigmatized, or if you will sigma­tized, on both checks with the letter S for a Schismatick, and to be perpetually imprisoned in Carnarvan Castle in Wales. Dr. Bastwick and Mr. Burton were sentenced each five thousand pounds fine to the King, to lose their ears in the Pillory, and to be imprisoned, the first in Lanceston Castle in Cornwall, and the other in Lancaster Castle.

Iune the 26. the Prince Elector beginning to languish in his hopes of succour from his Uncle, departed with his Brother Prince Rupert for Holland.

The next month presents us with the recidivation, a second Bishop Williams sentenced in the Star-cham­ber. fall of the insolent Prelate Williams Bishop of Lincoln. His first was mentioned in the first year of this Kings Reign, which though but from one stage, yet because a fall, that is, a constrained and no spontaneous descent, he stomacht with most high indig­nation. That by the munificence of Royal Majesty he exchanged his woodden for a silver mace, that from a Countrey Pedant, he became in a double relation a Peer of the Realm, that the in-trados and in-comes of his promotions, enabled him to accu­mulate vast sums of money, and to make acquist of large reve­nues, and that of his dignities he still retained the greater part, these things he little minded (so powerful is with worthlesse spi­rits, one seeming discurtesie, to dis-oblige from the recogni­sance of antecedent favours, though never so, either great or ma­ny.) Thus malevolently inclined, he thought he could not gra­tifie beloved revenge better, then to endevour the supplanting of his Soveraign, to which end finding him declining in the affection of his People, he made his apostrophe and applications to them, fomenting popular discourses tending to the Kings dis­honor, so long, untill at length the incontinence of his tongue betray'd him into speeches which trespast upon Loyalty. For [Page 146] which words, they having taken a vent, he was questioned by a Bill in the Star-chamber, 4. Car. But the information being some­what lame, as being taken up upon refracted and second hand report, the Accusation took a nap till about 8. Car. when it was revived again. And the Bishops purgation depending principally upon the testimony of one Prideon, it happened that the Febru­ary after, one Elizabeth Hodson was delivered of a base childe, and laid it to this Prideon. The Bishop finding his great witnesse charged with such a load of filth and infamy, conceiv'd it would in-validate all his testimony, and that once rendred in-valid, the Bishop could easily prognosticate his own ruine, therefore he be­stirs himself a main, and though by order of the Justices at the Publique Session at Lincoln, Prideon was charged as the repu­ted father, the Bishop by his two agents, Powel and Owen, procured that Order suppressed, and by subornation and menacing of, and tam­pering with witnesses, at length in May 10. Car. procured the childe fathered upon one Boon, and Prideon acquit. These lewd practises, for the supportation of his favorites credit, cost the Bishop, as he confest to Sir Iohn Munson and others, twelve hundred pounds, so much directly, and by conquence much more. For being accri­minated in the Star-chamber for this corrupting of witnesse, and being convicted (I will not not say convinced) by evident and full proof, Iuly the 11. of this year, he received a most con­dign censure of ten thousand pounds fine to the King, imprison­ment in the Tower during his Majesties pleasure, suspension ab Officiis & Beneficiis, and to be referred to the High Commission for the rest. In this state I leave him, untill the series of a few years shall render him in a better.

Nor must I leave him only, but even England her self almost, for now began Scotland to be the great scene of action, and thi­ther must my discourse make its next transition. Of this and the next years commotions there, a true account I shall give you, though not an exact one, as to descend to every particular; that is done already as by a Royal hand, so stylo Imperatorio, in a full body, and Historical systeme: from whence I shall extract such occurrences as are of prime remarque, and as contractedly as may be, having regard to the symmetry of the other parts of this Nar­ration. And because the precognition of their first extraction will be necessary to the relation of those occurrences, themselves, I shall there commence.

The King observing his Father had it once in design to settle Original of the Scottish troubles. in Scotland a Liturgy, in order to uniformity, like that of Eng­land, but was taken away before he could accomplish it; thought himself concerned to pursue his Fathers purpose: to which end he gave directions to the Archbishop of Canterbury, the Bi­shop of Ely, and to divers Bishops of that Kingdome, to revise, [Page 147] correct, alter and change, as they pleased, the Liturgie compiled in his Fathers t [...]me. This Service-Book so altered, and very little differing (as he was unhappily perswaded by them) from the English, he sent to his Councel of that Kingdome, ordering them to proclaim the reading of it upon the next Easter day, 1637. who upon better consideration respited it until Iuly the 23. but gave publique notice of it the Sunday before.

Iuly the 23. being Sunday, the Dean of Edenburgh began to Stirs about the Liturgy. read the Book in St. Giles Church (the chief of that City) but he no sooner began, then the inferiour multitude began in a tumultuous manner to fill the Church with uproar; whereupon the Bishop of Edenburgh, stept into the pulpit, and hoping to ap­pease them by minding them of the sanctity of the place, they were the more enraged, throwing at him cudgels, stooles, and what was in the way of fury, unto the very endangering of his life: upon this the Archbishop of St. Andrews, Lord Chancellor, was enforced to call down from the Gallery the Provost, Bay­liffs, and other Magistrates of the City (then sitting there) to their assistance, who with much ado at length thrust that unruly rabble out of the Church, and made fast the doores: This done, the The Bishops affronted. Dean proceeded in reading the Book, the multitude in the mean while rapping at the doores, pelting the windowes with stones, and endevouring what in them lay to disturb that Sacred exer­cise; but notwithstanding all their clamour, the Service was ended, but not the peoples rage, who waiting the Bishops retiring to his lodging, so assaulted him, as had he not been rescued by a strong hand, he had probably perisht by their violence. Nor was St. Giles Church only thus pester'd, and profan'd, but in other Churches also, (though not in so high a measure) the peoples disorders were unison and agreeable. The morning thus past, the Lord Chancellour and Councel assembled to prevent the like darings in the afternoon, which they so effected, as the Liturgy was read without any disturbance: only the Bishop of Edenburgh was in his return to his lodging rudely treated by the people, both by execrations and other wayes, though in the Earl of Roxboroughs Coach.

All this time, the Magistrates of the City seemed so utterly to abhor those tumultuous proceedings, as some they appre­hended, and were industrious to enquire out others actors therein: and whereas the Ministers of that City craved dispensation from reading of the Book untill security were given for the safeguard of their persons; the Magistrates and Councel of Edenburgh draw up an obligatory Act, both for indemnity of their persons, and also for their setled maintenance.

Now the long vacation and Harvest began to come on, and se­dition being the businesse of idle men, the distempers began a while [Page 148] to slumber; but their corn being inned, and chief imployments over. Edenburgh began to swarm again to a formidable number, and the City to relax so far in their former earnestnesse for the Ser­vice Book, as many of them presented a Petition to the Lords of the Councel, craving the Book might be no further prest upon them, untill the King should signifie his further pleasure. The Councel Proclamations against those tumults. upon this observing so great a confluence, and the City so dis af­fected, and fearing some dangerous consequence, issued out Octob. the 17. three Proclamations, the first to notifie the dissolving their meeting in relation to Church matters, and that every man forthwith repair home to their own dwellings, (except such who shall shew just cause of their stay to the Lords) upon pain of Rebel­lion. The second for removing of the Session (the Term) from Eden­burgh to Lithgow. And the third, for calling in and burning a seditious Book, entituled A Dispute against the English Popish-Cere­monies, obtruded upon the Kirk of Scotland. These Proclama­tions were not water, but rather fuel to the flame. For the next day the Bishop of Galloway being to sit with the Lord Chief Iustice upon some especial businesse in the Councel house, he was persued all along the street with bitter raylings to the very Councel door, and being drawn in from the rage of the people, they immediately beset the house, demanding the delivery of him, threatning his destruction. The Earl of Traquair being adver­tised of the Bishops danger came presently to his relief; and, with much adoe, forced an entrance through the press of the Mutineers. But being got in, he was in no better plight then the Bishop, the clamour encreasing still more and more, and encompassing the Councel house with terrible menaces. Hereupon the Lord Pro­vost and City Councel was called upon to raise the siege; but they returned answer, that their condition was the same, for they were surrounded with the like multitude, who had enforced them, for fear of their lives, to sign a Paper importing, First, That they should adhere to them in opposition to the Service Book. Second­ly, Restore to their places Mr. Ramsey, and Mr. Rollock, two si­lenced Ministers, and one Henderson, a silenced Reader. No bet­ter answer being returned, the Lord Treasurer with the Earl of Wigton, went in Person to the Town Councel house, where they found the heat of the fury somewhat abated, because the Ma­gistrates had signed the Paper, and returned with some hope that the Magistrates would calm the disorders about the Coun­cel house, so as the Bishop might be preserved, but they no sooner presented themselves to the great street, then they were most boisterously assaulted, the throng being so furious, as they pul­led down the Lord Treasurer, took away his hat, cloke, and white­wand, Earl of Tra­quair assaulted. and so haled him to the Councel house. The Lords see­ing themselves in so great hazard, at length pitcht upon the best [Page 149] expedient for their safety, and sent to some of the Noble-men and Gentry, who were dis-affected to the Service Book, to come to their aid. These Lords and Gentlemen came, as was desired, and offered both their persons and power to protect them; which the Lords in the Councel house readily embraced, and so were quietly guarded to Haly-rood house, and the Bishop to his lodg­ing.

The Lords of the Councel now thinking themselves secure, that very afternoon commanded a Proclamation to be made at Another Pro­clamation. the Crosse of Edenburgh, for the repressing such disorders for the time to come; but slender obedience was yeelded thereun­to, for the Citizens sent Commissio [...]rs to the Councel Table demanding the restauration of their Ministers, and performance of what was promised before their Pacification: and not long after the Councel was boorded with a Petition, not of a rude multitude, but of Noble-men, Barons, Ministers, Burgesses and Commons against the Liturgy and Canons. This Petition was The Scots Pe­tition against the Liturgy. sent to the King, who, displeased with the contents thereof, gave instructions for adjourning the Term to Sterling, twenty four miles from Edenburgh, that so the former confluence might be precluded, and also for publishing a Proclamation interdicting, upon the highest penalty, such tumultuous resorts. Upon the very day, being February. 19. and immediately after the reading of this Proclamation at Edenburgh, the Earl of Hume, and the Lord Lindsey, with some others, caused their Protestation against it to be read; and agreeable to their Protestation, in despight of the Kings Proclamation, erected Four Tables, one of the Nobility, another of the Gentry, a third of the Burroughs, a fourth of the Mi­nisters; these four were to prepare and digest what was to be pro­pounded at the General Table, formed of several Commissioners chosen from the rest.

The first-born and eldest-brat of this General Table, was a re­newing 1638. Enter into a Solemn Cove­nant. the ancient Confession of Faith of that Kirk, (for the Devil himself, is never himself but when he becomes a seeming Saint) and entring a general Covenant pretended to preserve their Religion there profest, and the Kings Person, but aiming in truth at the destruction of both. The Councel, upon the first publication of this combination, sent a dispatch to the King by Sir Iohn Hamilton, to advertise him thereof; the King animad­verted every prevarication from the ancient mode, and wondred at their unparallel'd impudence, to prefix a title so self-destructive; for they had contrived it thus,

The Confession of Faith subscribed at first, by the Kings Majesty and his Houshold in the year of God [Page 150] 1580. Thereafter by persons of all ranks in the year 1581. Ann. Christi 1638. by Ordinance of the Lords of the Secret Councel, and Acts of the General Assembly. Subscribed again, by all sorts of persons in the year 1590. by a new Or­dinance of Councel at the desire of the General As­sembly; with a General Band for the maintenance of the true Religion and the Kings Person; And now sub­scribed in the year 1638. by us Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, un­der subscribing.

From hence the King observed, that in the three first subscrip­tions, either his Fathers own act is exprest, or an Ordinance of the Lords of the secret Councel, which is equivalent to Regal au­thority, was obtained, and at the desire of the General Assembly; whereas in the last, neither was his Own, nor his delegated Au­thority to his Councel implored, nor was there any General As­sembly to entreat it. So that the exacting of a Publique Oath, which could not legally be done without the highest authority, was actually done without the least shadow of it.

Again, in the frame of the Covenant he noted a difference of Differing from former prece­dents. dangerous consequence, from former precedents; for whereas pre­ceding Bands annext to Confessions, were formed in Defence of Himself, his Authority and Person, this new edition hath a Combination against all persons whatsoever, not Himself ex­cepted.

The King nothing pleased with these affronts, yet studious to Marquesse Hammilton sent Commis­sioner into Scotland, compose these surges of discontent, sent the Marquesse of Hammil­ton down in the quality of an high Commissioner, impowering him with a Commission to use the utmost of his Interest and Power for the setling of peace.

Iune the 6. his Commission was read and accepted by him at Is slighted. Dalkeith, where though he abode many dayes, and it was but four miles distant from Edenburgh, yet would not the Cove­nanters take any notice of his being there, nor make any ad­dresse to him: and the better to colour their slight, they pre­tended there was a dangerous plot to blow them up with Gun­powder, which with some small quantity of ammunition, intended for the service of the Castle of Edenburgh, had been there dis-em­barqued a few dayes before.

Not long after the Marquesse at the earnest solicitation Comes to E­denburgh. and supplication of the City of Edenburgh, and upon assurance of that Cities good behaviour, and quiet deportment, removed form Dalkeith to Holy-rood house, where he fell presently into [Page 151] Communication with the Covenanters. First, what they expected from the King in satisfaction to their grievances. Next, what assurance they would give of their returning to due obedience, The Covenan­ters demand a general Assem­bly and Parlia­ment. and renunciation of the Covenant. To the first they replyed, that nothing but a General Assembly and a Parliament could give them satisfaction. To the second they answered, that they dis­avowed any retreat from their Loyalty, and therefore needed no return towards it. And for the Covenant, That they would sooner renounce their Baptism then it, And that this was a proposition they would never endure to hear a second time: which they took speedy care to prevent, for they resented it with so much wrath, as they doubled their Guards both upon the Castle and City: Double their guards. whereupon, the Marquesse in order to his safety returned to Dal­keith, and sent to the King for new instructions; to which his Majesties answer was, that he would have him forthwith publish by Proclamation his Declaration, wherein he assured that King­dome of his constancy in the Protestant Religion; that he would The King yeelds to their desires. never further presse nor urge the practise of the Canons and Ser­vice Book, but in a fair and legal way, and had given Order for the discharge of all Acts of Councel concerning them; And that he had taken into consideration the indicting of a General Assem­bly and Parliament, wherein might be agitated what should most concern the peace and welfare of the Kirk and Kingdome. Whereupon he expected that those his subjects, sensible of his gracious favour, would give testimonial of their future loyalty, and no further provoke him to make use of that power which God had given him, for the reclaiming disobedient people.

This Proclamation was no sooner ended, but the Covenanters The Covenan­ters obstinate. were ready with a traversing Protest against it, wherein they seemed highly to distaste to have their actions branded with the notion of disobedience, and declared, that they would never abandon their Covenant upon such suggestions, and that they would not wait the Kings conveniency for calling of an Assembly; but if he did not approve of their proceedings, they would call a General Assembly them­selves.

The Marquesse finding them still thus obstinate, told them that The Marquesse returns into England. the stock of his instructions was spent, and that he must resort to England for a fresh supply, thereupon they acquainted him, that they expected his Majesties answer, and his return upon the 5. of August next at the furthest, they promising in the interim to continue in a peaceable condition, nor to act any thing untill his return.

The Marquesse coming into England, and making known to the King the state of his affairs in Scotland, he dispatcht him away with new orders, so as he might be there at the time pre­fixt.

[Page 152] The Marquesse upon his return, found a strange rumour spread abroad, as if he were well satisfied with, and did approve of their Covenant, so as to vindicate his own reputation, he was compelled to call in aid of the Lords of the Councel, and others of the Nobility to be his compurgators. This aspersion being And again in­to Scotland. as he thought sufficiently wiped off, he presently fals upon con­ference with the Covenanters about the indicting of the Assem­bly, demanding first to know of what members it shou'd be con­stituted, and of what matters it should treat: whereat they flew out into an extreme rage, giving out that these Propositions were destructive to their liberties, and a prelimitation of that As­sembly, which ought to be free, and told the Marquesse, that the Assembly it self should be Iudge both of their own Members, and of the matters whereof it should take cognisance.

These things put the Commissioner to a plunge, and made him Proposals con­cerning the Assembly. explicitely declare his instructions, which were to indict an Assem­bly, but upon concession of these ten Articles.

1. That all Ministers deposed or suspended by Pres­byteries since the first of February last, without warrant of the Ordinary, should be restored till they were legally convicted.

2. That all Moderators of Presbyteries deposed, since that time without such warrant, be restored, and all others chosen in their stead to desist from acting as Mo­derators.

3. That no Minister, admitted since that time, with­out such warrant, shall exercise the Function of the Mi­nistery.

4. That all Parishioners repair to their own Church, and that Elders assist the Ministers in the Discipline of the Church.

5. That all Bishops and Ministers have their rents and stipends duly paid them.

6. That all Ministers attend their own Churches, and none come to the Assembly, but such as shall be chosen Commissioners from the Presbyteries.

7. That every Moderator be appointed to be a Com­missioner from that Presbyterie whereof he is a Moderator, according to the Act of the Assembly 1606.

[Page 153] 8. That Bishops, and others, who shall attend the Assembly, be secured in their persons from all trouble.

9. That no Lay person meddle in the choice of Com­missioners from Presbyteries.

10. That all Convocations and meetings be dissol­ved, and that the Countrey be reduced to a peaceable posture.

These Articles would no way be condescended to, and the main answer to them was, an appeal to the General Assembly, where they were properly to be decided. Upon this refusal the Commissioner entertained a resolution of another journey, which the Covenanters understanding, they bruited abroad amongst their adherents, that he neither had power from the King, nor any inclination in himself to give the people any satisfaction: which seemingly so incensed him, that he contracted all his former Propositions into these two,

1. If the Lords and the rest will undertake for Contracted into two. themselves, and the rest, that no Laiques shall have votes in choosing the Ministers to be sent from the several Presbyteries to the General Assembly, nor none else but the Ministers of the same Presbyterie:

2. If they will undertake that the Assembly shall not goe about to determine of things established by Act of Parliament, otherwayes then by remonstrance to the Parliament, leaving the determining of things Ecclesia­stical to the general Assembly; and things setled by Acts of Parliament to the Parliament:

Then I will presently indict a General Assembly, and promise, upon mine Honour, immediately after to call a Parliament.

These propositions put the Covenanters into such a fit of cho­ler, as they presently gave order for a General Assembly, but when the fit was off, and they began to cool, upon second thoughts they conceived it meet to forbeat, untill the Commissioner should re­turn from the King, with a more pleasing answer, for which they limited him to the 21. of September next; promising, in the interim, not to proceed to election.

The Commissioner posting to the King found him at Oatlands, Hammilton goes for Eng­land. where entring into consultation of the matter with his Privy [Page 154] Counsellors then present, and persuing the advice of his Councel in Scotland, resolved, as he thought, upon a way which would not leave any remnants of discontent, and sent back the Marquesse with ample instructions agreeable to it, who returned within his time limited, but found the Covenanters had given order for an Election to be on the 22. of September, the very next day after that prefixt; this the Commissioner interpreted to be a kinde of equivocation, but would take no notice of it, but according to his instruction on that 22. of September, assembling the Councel, delivered them a letter from the King, acquainting them with what course he meant to persue for the benefit of that Kirk and State. Then he appointed the Kings Declaration to be read; The Kings gracious De­claration, wherein he nulled the Service-Book, the Book of Canons, the High Commission, discharged the pressing of the five Articles of Perth, Ordered that all persons whatsoever, Ecclesiastical or Ci­vill, should be lyable to censure of Parliament, and General Assem­bly. That no other Oath be administred to Ministers at their entry, but what was contained in the Act of Parliament. That the ancient Confession of Faith, and Band thereunto annexed, should be suscribed and renewed, as it was in his Fathers time. That a General Assembly be holden at Glasgew, November the 21. 1638. and a Parliament at Edenburgh the 15. of May, 1639. Where­in he pardoned all by-gone offences, and indicted a General Fast.

Immediately after this Declaration published, the Confession of Faith was read, and subscribed by the Marquesse, and the Lords of the Councel. Then a Proclamation for the General Assem­bly, next another for the Parliament. And lastly were proclaimed an Act of the Lords of the Councel, requiring a general subscripti­on of the Confession of Faith, and a Commission directed to divers for taking the subscription.

These Acts of Regal authority being past; the Covenanters, af­ter Protested a­gainst. their usual mode, brought up the rear with a Protest, wherein they moved the people to consider with whom they were to deal, and mightily de-cry'd the new subscription to the confession of Faith, excepted against the Archbishops and Bishops, as not to have any votes in the Assembly.

This done, they proceeded to Election of Commissioners for the Assembly, and first issued Orders from their Table, That every Pa­rish should send to the Presbytery of their limit one Lay man, whom they called an Ruling Elder, who should have equal vote with the Mi­nister in the Presbytery. Then they stept on, and moved the Commissioner, that he would grant out Warrants of citation against the Archbishops and Bishops to appeir at the Assembly, as Rei, or guilty persons; which he refusing, they presently framed a Bill of complaint against them, charging them with [Page 155] many mis-demeanors. This Bill was presented to the Presbytery of Edenburgh, which October the 24. thereupon warn'd them all to compeer, at the next General Assembly to be holden at Glasgow, November the 21.

The day of the Assembly being come, the Marquesse his Com­mission Bishops Pro­test against the Assembly. was read in the afternoon, and nothing else done conside­rably that day. The next day a Declinator and Protestation was presented to the Commissioner, in the name of the Archbishops and Bishops, against the Assembly, and containing a Nullity of it. But it was denyed to be read, whereupon the Commissioner entred a Protestation against the refusal of it, and took instruments thereupon. The main cause of this refusal, was pretended to be, because nothing could be done, untill the Moderator were chosen, which was their next work: but when he was elected, and the Commissioner offered again the Declinator to be read, then they reply'd, that the Assembly must first be fully constituted. Af­ter this they proceeded to debate of the Elections, which they did with so cautelous a scrutiny, as they left no man standing in the quality of a Commissioner, who was not clearly agreeable to their minde. Though the admission of Lay Elders past not with­out some high contest. Many places (even the Presbytery of Glasgow for one) protesting against the legality of their Session; which was also the deeper resented by the Commissioner, because the King having nominated six Lords of his Privy Councel to be Assessors to his Commissioner in that Assembly, they absolutely refused to entertain them, or allow their suffrage, affirming with­all, that were the King himself present, he should have but one vote, and that no negative one neither.

The Commissioner concluding from these premises, that no good was like to be done by continuing the Assembly longer, No­vember the 28. consulted with the Councel about its dissolution, and it being agreed in the affirmative, he went to the Assembly, and told them,

You are now about to settle the lawfulnesse of this Iudi­cature, and the competency of it against Bishops, neither of which I can allow; I am glad I have seen this Assem­bly met, a thing which was supposed his Majesty never intended, and for the further clearing the integrity of his intentions, let this Paper which I deliver to the Clerk to be read hear witnesse.

The paper being read by the Clerk, was a Declaration the same in every substantial point with the Proclamation, discharging the Service Book, Book of Canons, &c. This Declaration soon after [Page 156] the reading, was signed by the Commissioner, and required to be entred into the Books of the Assembly; Provided that this Act of Registring this Declaration, should be no approbation of the law­fulnesse of this Assembly, to the dissolution whereof he was next to The general Assembly dis­solved. proceed, and therefore protested, that whatsoever should be done or said in it, should not be obligatory, or be reputed an Act of a Gene­ral Assembly. The very night of the dissolution of this Assembly, the Commissioner assembled the Councel to draw up a Proclamation for dissolving it, which being resolved upon, was subscribed by Argile declares for the Cove­nanters. all, but the Earl of Argile, who began now to shew himself for the Covenanters.

The Proclamation being formed, and published, Nov. 29 was en­countred with a Protestation of the Covenanters, That it is lawful for them to sit still, and continue the Assembly, and that they would still adhere to all their former Protestations; and accordingly pursuing the tenor of their Protestation; presently declared six former General Assemblies, (which they thought would dis-serve them) to be null, deprived all the Bishops, and some they excommu­nicated, and soon after abolished Episcopacy it self as inconsistent with the laws of that Church. And the Commissioner being re­turned in discontent for England, began might and main to levy Covenanters begin to arm. Souldiers, to impose taxes, to raise fortifications, to block up some and seise others of the Kings Castles, and to prepare for Warre.

Now because this Warre was the Epoche, the Nativity day from whence all the series of this Kings troubles are to be computed, and all for the advancement of Presbytery, it may perhaps give satisfaction to some if I deliver the first rise, the motions, the processes thereof, and how it contracted such power within this Isle.

It was this year an exact Century since Calvin first set his The rise and growth of Presbytery. foot into Geneva, where the Bishop being expelled, necessary it was some other Government should be succenturiated in stead of the former. Calvin being of high esteem there, the contrivance thereof was committed to his care. He observing the Town Democratical in the Civil, thought an Ecclesiastical state elemented of respondent principles, would sure best: upon which consideration he formed a Consistory of Elders, whereof a great part were Lay. And these were to manage all Ecclesi­astical concernments. Famous was he for this new-model, no lesse then Columbus for his America, nor was it enough it was reputed a prudent institution, it must also be entituled to Divine, and Sacred Scripture tortured to declare as much. Most kind reception it found with the Gallican, and Belgique Churches. Where planted and setled, the next design was to dispatch it over into Great Britain; to which effect Beza writes a [Page 157] complying Epistle Commendatory to Queen Elizabeth, present­ing this Geneva Plat-form, as the only desideratum wanting to Englands Reformation. The Queen was loath to proscribe so long a standard as Episcopacy, to entertain such an upstart in-mate as Presbytery, therefore gave Beza his saying, but not his desire; this was Anno 1560. And shortly after not only She, but the hole Parliament (whereof some members began now to incline to the Disciplinarian Sect) were summoned again by Libels, called, An Admonition to the Parliament, and Defence of that Admonition, to the Abolition of Episcopacy, as Anti­christian. But all this notwithstanding both She and her Pan-Anglium, or great Councel, stood fixt and inexorable, so that all the efforts and attempts of the other party, could not pro­duce any considerable unsettlement of that ancient discipline. In Scotland true it is, the new projected model prospered better; for the Earl of Murray, or rather the Prior of St. Andrews (base brother to the Queen) with his complices, Knox, Buchannan and others in their first Reformation, about Anno 1560. gave so terrible a shock to Popery, as made every thing, and by consequence Episcopacy, which stood neer it, to reel. Which neverthelesse held them tug a skore of years, nor could they supplant it all at once, but gained upon it by degrees. First an Assembly at Dundee, Anno 1580. Ordered all Bishops upon pain of Excommunication, to resign up their Offices; and about three years after prevailed with the Parliament (the King being then in Minority) to annex their Temporalities to the Crown. Though this was acted in Scotland, yet was it not without in­stigation from England, and from some of her prime Nobility, animated by some Ministers who began to be now so pragma­tical and busie, as to preserve Ecclesiastical unity, the then Arch­bishop Whitgift by command from the Queen that very year contrived those three eminent Articles in the late Canons, whereto all who desired to enter into sacred Orders were strictly enjoyned subscription. The first acknowledging the Queenes Suprema­cie. The second, professing conformity to the Book of Common­prayer, and approbation of the book of ordering of Bishops, Priests, and Deacons. And the third assenting to the thirty nine Articles of the Church of England. Nor was the Hierar­chy thus quite outed in Scotland, but somewhat revived again by the Parliament, ratifying the Clergy as the third Estate, Anno 1584. But the other party being resolved never to ac­quiesce, untill they obtained their minds, grew so impetuous as they, I cannot say perswaded, but even forced that State Anno 1592. to ratifie their Discipline. Thus did Episcopacy and Pres­bytery play Leve-le-queve, and take their turns of Government for about 30 years; but in the year 1598. King Iames, the [Page 158] Queen of England now declining, hoping his wardship to these hot spirits began now to exspire, took up resolutions of animosity, and caused the Prelates to be restored to their ancient vote in Parliament, and published his Book called Basilicon Doron, ex­pressing therein no great good will to the Consistorian Sect. And though Anno 1603. upon his first accession to the English Crown, he was saluted here with a Petition, pretended of a thousand Ministers, that they might appear the more formidable, yet did he slight their boldnesse, and in Scotland by severall Acts of a Pirliament rescinded what had formerly been introduced to the prejudce of Episcopacy, so that from 1589. untill this present, the Presbyters durst never appear in opposition.

October the last Mary de Medicis the Queen Mother of France The Queen Mother of France comes into England. came to London, and so to St. Iameses. The people were gene­rally male-content at her coming, and wisht her farther off. For they did not like her train, and followers, which had often been observed to be the Sword, or Pestilence, so that she was beheld as some meteor of ill signification. Nor was one of these cala­mities thought more the effect of her fortune, then inclination, for her restlesse and uncessant spirit was prone to imbroyl all whereso­ever she came. Her impetuous banding and combining with Moun­sier the Duke of Orleans, and the improsperity of that enter­prise made France too hot for her, and drave her in the year 1631. to Bruxels, where the Cardinal D' Infanta treated her a while with most honorable caresses and respects, but Flanders which at first seemed her place of Refuge, became afterward her greatest danger, she being (as her own Manifesto sets forth) so hunted and pursued with continual imprecations and curses there, as she began to fear some violence to her Person, so that quit­ting that Countrey, she betook herself to the protection of the Prince of Orange, 1637. long she staid not there, but having received an invitation from the Queen her daughter she resorted hither.

The King perceiving the Scots meditated nothing but war, The King raiseth an Army. thought it slender policy to strain curtesie with them, and to yeeld them the start, therefore by the advice of the Archbishop hastned the levies both of men and monies with all possible ex­pedition, and because it was the Bishops war, he thought it re­quisite they should contribute largely towards the preservation of their own Hierarchy, and accordingly orders were issued from the Lords of the Councel to the Archbishops of Canterbury and York, commanding them to send forth directions to all the Bishops within their Provinces, to convene the Clergy of their Dioceses, and to invite them to a liberal aid. What the precise product of the Clergy offerings was is not material to insert, nor could my information reach it, only it is presumable it was very ample, [Page 159] so as with that and the spontaneous contributions of divers of Ann. Christi 1639 the Nobility and Gentry, the King had amast together a consi­derable power; whereof the Earl of Arundel had the chief con­duct: with this strength the King, March the 27. the day of his In­auguration, Goeth against the Scots. marched against the Scots, and May the 28. encamped within two miles of Barwick, and within view of the Enemy who were ready to receive him. But all the preparation both of one side and the other, proved only an interview of two. Ar­mies, nothing being acted considerable in way of engagement; for after some few dayes attendance each upon other in that quiet posture, an Overture came from the Scots of their suppli­cation, that the King would appoint Commissioners to treat about a Pacification. The King most cheerfully imbraced the motion, and nominated the Earls of Pembroke, Salisbury, Hol­land, and Barkshire, Sir Henry Vane, and Secretary Coke: to these were joyned on the Covenanters part, the Earles of Rothes, of Dunfermlin, the Lord London, the Lord Dowglas, Alexander Henderson, and Archibald Iohnstoun. These having had many se­veral debates, at length Iune the 17. concluded upon a Pacification distributed into these Articles,

On the Kings part,
  • 1. His Majesty to confirm what his Commissioner
    A Pacification.
    promised in his Name.
  • 2. That a General Assembly be indicted, to be kept at Edenburgh, August the 6.

That command be given for a Parliament to be holden at Edenburgh, August the 20.

That he recal all his Forces by Land or Sea, and restore all ships and goods arrested and detained, since the pretended Assembly at Glasgow, upon the Covenanters disarming, and disbanding of their Forces, dissolving their Tables, and restoring to the King all his Castles, Forts, and Ammunition, and re­leasing all the persons, lands and goods then under restraint or detained since the pretended Assembly of Glasgow. This his Majesty to doe by Declaration.

On the Covenanters part,

1. The Forces of Scotland to be disbanded within forty eight houres after publication of the Kings Declaration.

[Page 160] 2. They to render up, after the said Publication, all Castles, Forts, Ammunition of all sorts, so soon as the King shall send to receive them.

3. They to hold no meetings, treatings, nor con­sultations, but such as are warranted by Act of Par­liament.

4. They to desist from all Fortifications, and those to be remitted to the Kings pleasure.

5. They to restore to all the Kings Subjects, their li­berties, lands, houses, goods, and means taken or detained from them, since the 1. of February last.

Iune the 18. the King signed his Declaration, and the Cove­nanters their Articles: This pacification did at first generally excite exceeding great tokens of joy, wherein none had more reason to be sincere then poor Aberden; for the Earl of Mont­ross, General of the Covenanters, was that very time march­ing towards that University, with a Commission to consume it by fire to ashes, upon suggestion that the Inhabitants had falsified their Oathes.

The Declaration and Articles being signed, and affairs car­rying so calm a front of peace, the King had intentions of being present at the General Assembly; but this lucid interval proved but a weather-breeder, and the apprehensions of a Pacification, were soon transformed into an opinion that they were but dreams, inward hostility appearing through the diaphanous body of all the Scots actions.

For the Declaration was no sooner published, but at that very The Cove­nanters still refractary. hour the Covenanters produced a Protestation. First, of adhering to their late General Assembly at Glasgow, as a full and free As­sembly of their Kirk, and to all the proceedings there, especi­ally to the sentences of deprivation and excommunication of the, sometimes pretended, Bishops of that Kingdom. Secondly, of adhering to their solemn Covenant, and Declaration of the Assem­bly, whereby the Office of Bishops is abjured. Thirdly, that no members of the Colledge of Justice shall attend the Session, (or Term) and if they doe, all their Acts and sentences shall be void and ineffectual.

Nor did they punctually perform any one Article: For they still kept their Officers in constant pay; they did not slight their Fortification at Leith, distant a mile from Edenburgh; they still continued their meetings and consultations; they still disqui­eted, molested, and frighted all of different inclinations. And [Page 161] which was worst of all, they dispersed a scandalous libel, enti­tuled, Some conditions of his Majesties Treaty with his Subjects of Scotland, before the English Nobility, are set down here for remem­brance: what these conditions were, I never could learn, but they being delivered into the hands of the English Nobility, whereof some had been Commissioners, they dis-avowed any such consent of his Majesty in their hearing, and by an Act of Councel the papers were appointed to be burnt by the Hangman.

Matters being in this doubtful posture, the King had little minde to see himself affronted, and thought these distempered disorders would be better born at a distance; therefore towards the latter end of Iuly, he plyes him home to England. August The generall assembly meet. the 6. according to the Kings indiction, the Assembly met and sate at Edenburgh, and continued until the 24. The great trans­actions of this Assembly was the abolishing of Episcopacy, the five Episcopacy a­bolished. Articles of Perth, the High Commission, the Liturgy, and Book of Canons, all these assented to by the Commissioner, the Earl of Tra­quir.

The Assembly now risen, the Parliament being prorogued to The Parlia­ment assemble. August the last convened. The first four dayes produced an high debate about chusing the Lords of the Articles; in regard Episcopacy was abolished. The ancient usage was constantly this. The King first named eight Bishops; then those Bishops chose eight Noblemen; those Noblemen chose so many Barons; and these the like number of Burgesses: these thirty two, with eight Of­ficers of the Crown, made up a compleat Committee of forty, who were to consider upon such Articles as were to be voted in Parliament, and this Committee were called Lords of the Articles. Now the Kings Commissioner demanded, that seeing the King anciently had the nomination of eight Bishops, his Majesty might not be prejudiced in his right by their expulsion, but that he might have the choice of the eight Noblemen: which the Parliament yeelded to for this once, but voted for the future every State should chuse their own Commissioners.

Then they entered into consideration of constituting the Third Incroach upon the Pre­rogative. Estate, and what succenturiation, what supplement should be re­solved upon in the lieu of Bishops; the King urged the having of fourteen laicks, of such as were called Abbats and Priors, to represent the third Estate; but the Parliament voted, That Estate should be compleated by small Barons, who represented the Com­minalty. Next they fell upon forming an Act Rescissory, whereby former Acts concerning the Judicatory of the Exchequer; con­cerning Prexies, and concerning confirmation of Ward-lands should be nulled.

The King finding such pertinacity of endevours, not to re­form Is prorogued. abuses, but to new-model a Government, and totally to [Page 162] eclipse his Regal power, gave speedy Order to his Commissioner, the Earl of Traquair, to prorogate the Parliament untill the 2. of Iune next: which command being signified by the Commis­sioner to the Parliament, they presently entred into a Declara­tion, wherein they positively affirmed, that this Prorogation was in-effectual in Law, and of no force, it being made without con­sent of Parliament; that they might justifie their sitting still, yet out of their reverend regard to his Majesty, they were re­solved for the present only to make remonstrance to him, of the reasons of their propositions, and proceedings in this Parliament, and that if it should happen, that after their Romonstrance, their Enemies should prevail by false suggestions against their Informations, that then it should not be to them an imputation, that they were constrained to take such course as might best se­cure the Kirk and Kingdome, from the extremity of confusion and misery.

After, and as a consequent of this Declaration, they sent their Deputies the Earl of Dunfermlin, and the Lord London, to present their Remonstrance. When the Commissioner came to the Court to make report of the proceedings of that Parliament, and the King appointed a select Committee of his Councel, to heat both the one and the other; many very fierce and fiery recri­minations there were counter-changed between the Commissioner and Deputies. But the Deputies insisted not at all upon quali­fication, but direct justification of all the Assemblies and Parlia­ments transactions, so far as they desired ratification of their constitutions; which the Committee thought could not be granted without lessening the Soveraign Authority, and then concluded that the Covenanters were no way reducible but by force. Thus stood matters between the King and them about the beginning of December.

And now it is high time for me to change my quarters, and for a while to visit England, and to survey the most noble parcels of occurrences there.

About the later end of Iuly, the Prince Elector arrived here, The Prince Elector his ill successe. into whose ensuing mis-fortunes I shall introduce you by the nar­rative of a late by-past adventure hitherto supprest, through the interposition of the Scot'sh troubles. The Prince, with his Bro­ther Rupert, had the last year gathered together in Holland a considerable beginning of an Army, with these they advanced into Westphalia, and sate down before Lemgea; whereof Hatz­field General of the Imperialists, having notice, came speedily upon them, enforced them both to rise, and fight, and in the encoun­ter slew two thousand of the Paltzgraves party, took Prince Ru­pert and the Lord Craven Prisoners, the Prince Elector very narrowly escaping. The Prince thus despoyled even of his [Page 163] very hopes, indulged himself for the present a total repose of all designs tending toward his restauration. Now it for­tuning that the last moneth Duke Barnard (that Heroique Com­mander) dyed, the Prince of Orange advised this Prince to re­sort to his Uncle the King of England for his assistance, and therewith to enter upon the head of Duke Barnards Army. But the King told him his home affairs were in that doubtful con­dition, as he feared they might require all the force he could command, but in regard the French Ambassador was then here, he promised to use the utmost of his interest with that King for his re-investing, and accordingly told the Ambassador, that he ad­vised his Nephew to apply himself to his Master, and to joyn in League with him, and assured him what assistance he could spare. The Ambassador seemed to be very well pleased with the offer, and perswaded his Majesty, that the Cardinal Riche­lieu, who was the grand directer of all the French Councels, would be glad to serve his Majesty or his Nephew, and present­ly dispatcht letters of intimation to the Cardinal. But in the in­terim of this Treaty, in November the Prince was most unad­visedly advised to passe through France in a disguise, and so to come clandestinely to the Swedish Army: But the plot was not so closely carryed, but he was more then once discovered; for when he passed by the Kings Fleet at the Downes, he was sa­luted with a volee of shot, and the ship which landed him at Boullen discharged all her Ordinance; from Boullen he went to Paris, and so to Lions, where meeting with the Gentleman who was sent from the Ambassadour, he was discovered, and he denying himself, arrested. This the King of France took as an argu­ment of no fair intentions towards him, and as a most perfidi­ous part in a time of Treaty, so that he was kept a great while in the nature of a Prisoner, with a strict guard both of Horse and Foot about him.

But the grand businesse of this Summer, was a terrible en­counter between the two Fleets of Spain and Holland in the Downs. The relation whereof from Sir Iohn Pennington was as fol­loweth.

The Spanish Fleet consisting of neer seventy sail, bound and Engagement between the Spaniards and the Hollanders in the Downes. designed for Dunkirk in Flanders, with a recrute both of men and money, met with the Vice-Admiral of the Holland Fleet, having in his company seventeen tall ships, September the 7. and entred a very fierce dispute between them, untill the Hollander perceiving himself too weak, got to the wind-ward, sailing along with them towards Dunkirk, continually fiering their Ordinance to give warning to their Admiral, who lay before Dunkirk with the residue of the Fleet; in this encounter the Hollander had two ships sunk: the next morning by two of the clock, the [Page 164] Admiral came up, and joyning with the Vice-Admiral, between Dover and Calais, they set upon the Spanyard, and continued a very sharp fight till past noon, wherein they had much the bet­ter, having taken two Gallions, sunk another, and much shal­tered the rest, though they were but twenty five sail, to the Spanyards sixty and upwards, and at length forced them upon the English coast neer Dover; where they left them, and ba [...]e off for the coast of France, not willing to attempt any thing against them within the King of Englands liberties.

The Spanyards being now got, as they thought, under the lee of Englands protection, began to plot how to get rid of their bad neighbours. And the Spanish Resident importuned the King, that he would keep the Hollander in subjection two tydes, that in the interim they might have the opportunity of shipping away for Spain; but the King being in amity with them both, was re­solved to stand neuter, and whereas the Spanyards had hired some English ships to transport their souldiers to Dunkirk, the King upon complaint of the Dutch Embassadour, strictly commanded that none should take in any Spaniards, nor passe beyond Graves­end without License; but the Spaniards and the Hollanders, plotting a great while counter the one to the other, the Spani­ard at length somewhat outwitted his Enemy, and by a strata­gem in the night conveyed away fourteen Dunkirk ships, and in them four thousand men.

In the beginning of October, the King sent the Earl of Arun­del to the Admiral of Spain, Don Antonio D' Oquendo, desiring him to retreat upon the first fair winde, because he would not they should engage within his Seas; but the winde continued Eastwardly so long (a thing not usual at that season) as the Hollanders had daily fresh supply from Zealand, so that at length their Armado was compleated to an hundred ships, wherewith they encompassed their Enemies within pistol shot for some dayes. But that which was so long an enterview of these two great Fleets, at last turned to an engagement.

For the 11. of the same moneth Van Trump the Dutch Ad­miral, charged the Spaniards with Canon and fire-ships so furi­ously, as made them all cut their cables, and being fifty three in number, twenty three ran on shoare, and stranded in the Downes, whereof three were burnt, two sunk, and two perished on the shore: one of these was a great Gallion the Vice-Admi­ral of Gallatia, Don Andrea de Castro, and had fifty two brasse pieces of Ordinance: the remainder of the twenty three deserted by the Spaniards, who went to land, were mann'd by the English to save them from the Dutch. The other thirty Spanish ships under the command of the Admiral's Don Antonio d' Oquendo, and Lopus of Portugal, went to Sea, and kept in close order, un­till [Page 165] a great fogge fell upon them, when the Dutch taking his ad­vantage, interposed betwixt the Admirals and their Fleet, and fought them valiantly till the fogge cleared up, when the Ad­miral of Portugal began to flame being fired with two Holland fire ships, which D' Oquendo perceiving, he presently took his course towards Dunkirk, with the Admiral of that place and some few ships more, for most of the rest were taken; of these thirty, eleven were sent prisoners into Holland, three perished upon the coast of France, one neer Dover, five sunk in the fight, and only ten escaped. This Narration was sent from Van Trump himself to Ioachimi the then Dutch Agent here.

The first apparition of this Armado upon our Coast, was be­held by Countrey people as a representation of that Invincible. One in 88. and that the main design of this, was like that, an In­vasion. They thought the imbarquing of twenty five thousand Land-Souldiers, besides Mariners, were too many for a recrute. They thought the Admiral of Naples his refusal to shew his Com­mission, though required by the King, was but of ill significa­tion; they wondered that the Town of Dunkirk, should so much dispute the reception of the four thousand which were conveyed thither, till the Cardinal Infanta sent expresse order, had those Forces been designed for their recrute. And this perswasion is so implanted in many, as it is still very difficult to make them unbelieve it: or not knowing, or not considering, that those Souldiers were unarmed, very few Officers amongst them, and the hole Fleet so poorly accommodated for invasion, as they had not powder enough for their own defensive offence, so that when they lay at anchor in the Downes, London was their choice Magazine, from whence they had their constant and daily supply.

These two potent Enemies, being both friends to England, the Brittish Seas ought by rule of State to have been an har­bour of retreat to secure the weaker from the stronger, not the scene of their hostile engagement; and had this presumptuous attempt of the Hollander met with a King, or in Times of ano­ther temper, it would not, it's like, have been so silently connived at, and their victory might have cost them the losse of Englands correspondence. But Self-denyal is a Christian, not a Martial vertue, and who is able to resist the temptation of an advantage, whereby he may destroy his foe, upon the nicety of exceeding his just limits? Besides the King, the Dutch well knew, was of a ge­nius, as not querulous, so if provoked, very placable; and the dis­position of his affairs, as well as of his minde, disswaded from ex­postulating the matter with them.

About the beginning of Ianuary dyed Sir Thomas Coventry, Sir Thomas Co­ventry dyeth. Lord Keeper of the Great Seal of England, a Dignity he had [Page 166] fifteen years enjoyed, if it be not more proper to say, That Digni­ty had enjoyed him so long, this later age affording not one of every way more apt qualifications for the place. His front and presence bespake a venerable regard, not inferiour to that of any of his Antecessors. His train and suit of followers was disposed agreeably to shun both envy and contempt; not like that of the Vicount St. Albans, or the Bishop of Lincoln, whom he suc­ceeded, ambitious, and vain; his Port was state, theirs ostenta­tion. They were indeed the more knowing men, but their learning was extravagant to their Office: Of what concerned his place he knew enough, and which is the main, acted conformable to his knowledge; for in the administration of justice, he was so erect, so in-corrupt, as captious malice stands mute in the ble­mish of his fame: a miracle, the greater when we consider that he was also a Privy Counsellour. A trust wherein he served his Master the King most faithfully, and the more faithfully, because of all those Councels which did dis-serve his Majesty, he was an earnest disswader, and did much dis-affect those sticklers who laboured to make the Prerogative rather tall, then great, as know­ing that such men loved the King better then Charles Stewart. So that although he was a Courtier, and had for his Master a passion most intense, yet had he also alwayes of passion some reserve for the publique welfare. An argument of a free, noble, and right principled minde. For what both Court and Countrey have alwayes held as in-compossible and in-consistent, is in truth erroneous. And no man can be truly Loyal, who is not also a good Patriot, nor any a good Patriot, who is not truly Loyal. To this worthy Gentleman succeeded Sir Iohn Finch formerly Lord Chief Justice of the Common Pleas.

The Scot'sh Revolters in the state I left them, were not like to meliorate nor to goe lesse in animosity, but every day administred recent matter of discontent, and of somentation to the differences: and every event, of any considerable assise, must be interpreted as configurating and complying with the great cause.

It fortuned that November the 19. being the Anniversary night Edenburgh Ca­stle-wals fall down. of the Kings birth-day, a great part of the wals of the Castle of Edenburgh fell to the ground, with the Canons mounted: which caused such a consternation, such an Alarm in the Castle, as if they had been undermined and surprized; but that was not all, for this casualty upon a time of so much remarque, could then re­ceive no other construction from the Grammar of Superstition, then an ominous presage of the ruine of the Kings design; especially considering that at that very same night the Scotch Commissioners returned from England to Edenburgh, so that the dilapidation seemed to import an humble prostration to the idolized Covenant.

But the craftiest (I say not the wisest) of the Combination, [Page 167] would not trust to such fallacious conjectures; but willing to apprehend, and lay hold of any thing which offered its service to their enterprise, made a politique use thereof, and the King ha­ving appointed the Lord Estrich, Colonel Ruthen, and Govern­our Their repara­tion hindred by the Cove­nanters. of the Castle, to take order for the re-edification of what was lapsed, they refused to permit any materials to be carryed in for reparation: which so incensed the King, as he concluded the indignity intolerable, and presently entred into deliberation how to relieve himself by force under this oppression; but with whom he should consult, there lay the difficulty, the transactions of his Councel must be more closely carryed then heretofore, for fear of correspondency with the Covenanters; to this end a pri­vate Iuncto for the Scot'sh affairs, are selected from his Coun­cel, and great care taken, that those hunting Lords (as the Arch­bishop called them) Pembroke, Salisbury, Holland, &c. who were Commissioners at the Pacification, be excluded, though Hammil­ton was retained, more dangerous, and fallacious then all. At this close and secret Councel, Decemb. 5. it was agreed his Ma­jesty should call a Parliament, to assemble April the 13. The King told them he exceeding well approved of that Councel, but with­all he said, My Lords, the Parliament cannot suddenly convene, and the subsidies they grant will be so long in levying, as in the interim I may be ruin'd; therefore some speedy course must be thought upon for supplies. Whereupon the Lords told him they would engage their own credits, and the Lord Deputy of Ire­land, giving the onset, subscribed for twenty thousand pounds; the other Lords had, some the same loyal zeal, and others the modesty not to refuse. The Lords of the Councel did in this example implicitely give a law to the other Nobles, who gene­rally conformed most cheerfully, saving some few whom singu­larity, or somewhat more portentous, restrained. Nor staid the project there, but every man must be in the mode. All the Judges, both of the Common and Civil Law, with all the Of­ficers and appendants of their Courts, were sent for not to lend, as they were spontaneously inclined, but to contribute what others had assessed them. But the greatest non-Recusants, were the Recusants, who did strive with the forwardest, as ambitious to be reputed the Kings most loyal Subjects, and some Preachers were so bold, and withall so in-discreet, to style them so; the truth is, the Queen who could not be but equally concern'd in the Kings interest, finding they both now had all at stakes, bestir'd herself as eagerly with those her correspondents in religious per­swasion, and imployed Sir Kenelm Digby and Mr. Montague to negotiate with the Romish Catholiques for a contribution, who yeilded it in a proportion agreeable to their abilities.

The King thus busie in providing against the Scots, (who [Page 168] began now to be bruited all over England for Rebels) they were as industrious to form their deportment in so supple a posture, as might de-marque and deface all tokens of so horrid an imputa­tion. They resorted to the King, humbly craving leave to re­present the state of all their transactions to his Majesty; the King said, he was accostable by any subject he had, and sure he would not deny that congeable accesse to an hole Kingdome, which he was ready to yeeld to any private man: therefore bad them come with confidence of impartial hearing. This answere being re­turned, Commission­ers sent to the King from the Covenanters. the Covenanters sent up their Commissioners, the Earl of Dumfermlin, the Lord London, Sir William Dowglas, and Mr. Bark­ly; these being admitted, and their Commission examined, it was evident, that the two last was not named in, nor impowered by it, and that the other two were only authorised to assert the integrity of their actions, without making any real demonstra­tion thereof, and had not the least order to propound such things as might accommodate the differences, or give the King any satisfaction at all. Yet the King was willing to allow them all the fair respect he in honour could, hoping to gain upon them by the sweetnesse of his carriage, but all would not doe: for at that very moment of their addresses to him, in the specious mode of suppliants, their actions spake very articulate, very expresse somewhat of a quite other signification. For many of the prime Nobility and Gentry of that Nation, who stood firm in their inclinations to they King, the secured, that is, imprisoned: They invited and procured to their service many Commanders from Holland, who still kept their places there, though such Of­ficers as betook themselves to the Kings imployment, were in­stantly casheired; they reared works of Fortification in all places agreeable to their designes. But the daring paramount, and above all others, was their imploring aid from the French King in a particular addresse to him as followeth,

SIR,

Your Majesty being the refuge and Sanctuary Their Letter to the King of France. of afflicted Princes and States, we have found it necessary to send this Gentleman Mr. Colvil, to re­present to your Majesty the Candor and Ingenuitie, as well of our Actions and Proceedings, as of our In­tentions, which we desire to be engraved and written to the whole World, with the beam of the Sun, as well as to your Majesty. We therefore most humbly beseek you Sir to give faith and credit to [Page 169] him, and to all that he shall say on our part, touch­ing us, and our affairs, being most assured, Sir, of an assistance equall to your wonted clemency here­tofore, and so often shew'd to this Nation, which will not yeeld the glory to any other whatsoever to be eternally

SIR, Your Majesties most humble, most obedient, and most affectionate servants
  • Rothes,
  • Montrose,
  • Lesly,
  • Marr,
  • Mongomery,
  • Lowdon,
  • Forrester.

Though this was a Conclave secret, communicated to a very few, and kept under a most strict guard, yet did it at length evade from that close captivity, and was by some false Brother discovered to the King. His Majesty having had con­sultation with those about him concerning the character, it was at length assured him, that it must be the cheirography of the Lord Lowden, whereupon he was committed to the Tower, and kept there in close confinement.

Though the Presbyerian party stand charged in vulgar ac­count as the principal and most notorious authors of these troubles, yet were they not the only men in the conspiracy, nor must it be thought but others were (though invisibly) accessary fomen­ters of them: For in case of general disturbance, nothing is more familiar then for several Factions, of several, and some­times of contrary inclinations and interests, to protrude and drive on one and the same design, to several intents and purposes. And a foul blemish it would have been to the Mercurialists, to the Society of Iesus, should they have sate out in a work so proper to their imployment (the incitation of Kingdomes and States to turbulent commotions) as these Scot'sh broyls. No, (good men) they slept not all this while, but were as diligent in their machinations as possibly they could be, the external glory of the enterprise their ambition did not reach, but they willingly rendred it up to the Presbyters: hoping in the interim to be [Page 170] the greatest gainers in the product and fruits of their labours.

How far they were of combination in this plot, though in a more subtile, secret and scarce discovered way, (their usual mode) the ensuing Narrative shall set forth; which I insert, not upon the account of Mr. Prynns faith, who first made it extant, but because I am further assured of the truth of it, by a more credible person, and one of principal relation to Sir William Bos­well; and because it may serve to illustrate some former passages of this History.

The first discoverer of this Plot was one Andreas ab Habern­field, A plot of the Papists disco­vered against the King and Archbishop. a Nobleman of Bohemia, and Physitian to the Lady Eli­zabeth the Paltzgraves relict. This Gentleman by a Confident of his first made it known to Sir William Boswell, and by his means addrest himself to the Archbishop of Canterbury as followeth.

Most Illustrious and Reverend Lord,

We have willingly and cordially perceived that our offers have been acceptable both to his Royal Majesty, and likewise to your Grace. This is the only index to us, that the blessing of God goeth along with you, whereby we are the more extimulated, chearfully and freely to declare and discover those things, whereby the hazard of both your lives, the subver­sion of the Realms both of England and Scotland, the tumbling down of his Excellent Majesty from his Throne is projected. Now lest the discourse should be enlarged with superfluous circumstances, we will only premise some things which are meerly necessary to the matter.

First, be it known to them, that this good man, the Informer of the ensuing discoveries, was born and bred in the Pontificial Religion, and spent ma­ny years in Ecclesiastical Functions. At length be­ing judged a fit person for carrying on the pre­sent design, by the advice and command of the Lord Cardinal Barbarino, he was made co-adjutor to Con, (the then Popes Nuncio) to whom he appeared so diligent, and sedulous in his office, that hope of [Page 171] great preserment was given to him; But he guided by a better inspiration, was not wun by those su­gar baits, and conscious to himself of the vanities of that Religion, (whereof he had sometimes been a strenuous Defender) having also observed the malice of the Romish party, found his Conscience much oppressed; for ease whereof he resorted in his belief to the Orthodox Religion. And thought it his best way to reveal a plot, tending to the de­struction of so many innocent souls, conceiving his minde would better repose, should he vent what he knew into the bosome of some confiding friend. This done, he was seriously admonished by that friend, to give manifest tokens of his Conversion, and to deliver from imminent danger so many inno­cent souls. To this counsel he willingly consigned himself, and delivered the subsequent matters to writing, whereby the Articles lately presented to your Grace may be clearly explicated and demon­strated.

1. That the main of the businesse may be known, it is to be considered, that all these factions which this day make Christianity reel, have their rise from the Iesuitical off-spring of Cham, which branch it self into four Orders.

The first are Ecclesiasticks; these take into care the promotions of Religious affairs.

The second are Politicians; their office is to take care for the raising of civil combustions in, and reform­ing of Kingdomes.

The third are Seculars, who are properly de­signed for to intrude into offices of neer relation to the persons of Princes, to infinuate themselves in­to civil affaires of the Court, as bargains, and sales.

The fourth are men of a lower orb, Intelligencers, [Page 172] and spies; then to creep into the services of eminent persons, Princes, Earls, Barons, or the like, and ende­vour to pervert or cheat them.

A society of so many Orders the Kingdome of England nourisheth; for scarce all Spain, France, and Italy, can yeeld so great a multitude of Iesuites as London alone, where are found more then fifty Scotch Iesuites; there the said Society hath elected for it self a seat of iniquity, and hath conspired against the King and his greatest confidents, especi­ally against the Lord Archbishop of Canterbury, and likewise against both Kingdomes.

For it is most certain, that the said Society hath resolved upon an Universal Reformation in the Kingdomes of England and Scotland. And the de­termination of the end, necessarily inferreth a de­termination of the means.

For promotion therefore of the undertaken villa­ny, this Society is dubbed with the title of The Congre­gation for the propagation of the Faith, which acknow­ledgeth the Pope of Rome for their Principal, and Cardinal Barbarino for his Substitute and Deputy.

The chief Patron of this Society is the Popes Le­gate, who hath special care of the businesse; in­to his bosome this rabble of Traitors weekly depo­site their Intelligences. The Residence of this Le­gation was obtained at London, in the name of the Pope, by whose mediation it might be lawful for Cardinal Barbarino to work so much the more easily and safely upon the King and Kingdome. For none could so easily circumvent the King as he, who should be palliated with the Popes Authority.

Seignior Con was at that time the Popes Legate, the Universal Minister of that conjured Society, and a vehement promoter of the plot, whose secrets, as likewise those of all other intelligencers, the present [Page 173] informer of all these things, did receive and dispatch as the businesse required.

Con tampered with the chief men of the Kingdom, and left nothing unattempted by which he might corrupt them all, and incline them to the Romish party: he inticed with many various baits, the very King himself, he sought to delude with gifts of Pictures, Antiquities, Idols, and such like trumpe­ries, brought from Rome, which yet prevailed nothing with the King.

Thus familiarly entertained by the King oft at Hampton-Court, and at London, he was entreated to undertake the cause of the Prince Palatine, that he would interpose his authority, and by interces­sion perswade the Legate of Colen, that the Pala­tine (in the next Diet for the treating about Peace) might be inserted into the conditions; which he promised, but performed the contrary. He intimated indeed, that he had been solicited by the King to such an effect, but did not advise any such consent, left peradventure the Spaniard should say that the Pope of Rome did patronize an heretical Prince.

In the interim Con, smelling from the Archbi­shop, (the Kings most Confident) that the Kings minde was altogether pendulous, and doubtful, re­solved to move every stone, and bend all his strength to gain him to his side; being confident he had prepared the means. For he had a command to make offer of a Cardinals Cap to the Lord Arch­bishop in the name of the Pope of Rome, and that he should allure him also with higher promises, that he might corrupt his sincere minde. Yet a fitting occasion was never offered whereby he might in­sinuate himself into the Lord Archbishop, to whom free accesse was to be impetrated by the Earl [Page 174] and Countesse of Arundel, as also by Secretary Windebank, all whose intercessions he neglected, and did shun (as it were the Plague) the company or familiarity of Con. He was also solicited by others of no mean rank, well known to him, and yet he con­tinued immoveable.

Trial also was made of another, Secretary Cook, who impeded accesse to the detestable design; an ut­ter enemy he was to the Iesuites, whose accesse to the King he obstructed. He treated many of them as they deserved, he searcht into their factions, by which means every incitement breathing an attra­ctive power to the Romish Catholiques was ineffe­ctual with him; for nothing was so dear to him as his own innocence: whence being rendred odious to the conspirators, he was in perpetual hazard of losing his Place, which being laboured for three years, was at length obtained.

But for all this the King had left him a knotty peece, for the Lord Archbishop by his constancy op­posed himself as an immoveable rock.

Con and his party finding the Lord Archbishop so impregnable, and that they laboured in vain, be­gan to boyl with malice, and to plot how the Lord Archbishop together with the King should be taken.

Sentence also is passed against the King (who was the main concernment in the Plot) because nothing is hoped from him which might seem to promote the Popish Religion, but especially when he had once declared himself that he was of the minde, that any good and pious man may be saved in his own Religion.

To act the Treason undertaken, the criminal execution at Westminster, caused by some Puritani­cal writing, gave the first spark; a thing so much [Page 175] exasperated and exaggerated by the Papists and Pu­ritans, that if it went unrevenged it would be thought a blemish to their Religion, the flames of which fire the subsequent Liturgie encreased.

In this heat a certain Scottish Earl, one Maxwel, if I mistake not, was dispatcht to the Scots by the Popish party, with whom two other Scottish Earls were correspondents, he was to excite the people to commotion: He was to raise commotions, to re-inforce the sense of every injury, and to spur on the people to rebellion, whereby the great distur­ber of the Scot'sh liberty might be destroy'd.

There by one labour snares are laid for the King, for which purpose the affair was so ordered, that very many English should adhere to the Scots. That the King should be inferiour to them in Armes, whereby he might be inforced to crave aid from the Papists, which yet should be denyed him, unlesse he would descend to conditions, by which he should permit a general toleration of the Romish Religion, which was the thing the Papists did aim at. And should he be difficultly brought to such tearms, there was a remedy hoped for.

For the young Prince (who from his Cradle was educated in advantage to the Romish perswasion) growing on fast in his youthful age, the Kings death was contrived by an Indian Nut, stuffed with a most fierce poyson, kept in the Society, (which Con then shewed me in a boasting manner) and prepared for him, as there was another for his Father.

During the Scot'sh troubles, the Marquess of Ham­milton was often imployed by the King as Commis­sioner to compose disorders there, and pacific the discontented party, but returned as often without fruit. His Chaplain repaired at that time to us, and had secret conference with Con. of whom I [Page 176] demanded in jest, Whether also the Jews agreed with the Samaritans; To which Con answered, I would to God all Ministers were like him; you may conjecture of this as you please.

Things standing thus there came to London from Cardinal Richelieu, Mr. Thomas Chamberlain his Chap­lain and Almner, a Scot by Nation, who was to as­sist the Colledge of confederacy to advance the bu­sinesse, and to attempt all wayes of exasperating the first heat: for this service a Bishoprick was pro­mised him. Four months space he co-habited with the Society, nor was he permitted to depart, until matters succeeding as he wished, he might return with good news.

Sir Toby Matthew a Jesuited Priest of the Order of Politicians, the most vigilant of the chief Heads, (who never went to bed, but got a nap of an hour or two in a chair) day and night plotted mischief. A man principally noxious, and the very Plague both of King and Kingdome, a man most impudent, hunting all feasts called or not called, never quiet, alwayes in action and perpetual motion. Intruding into the company of all his betters, pressing dis­courses whereby to fish out mens inclinations; whatsoever he sucketh from thence either of ad­vantage, or noxious to the conspiracy, he impart­eth to the Pope's Legate, reserving the most secret intelligence for the Pope himself, or the Cardinal Barbarino. In short, he associates himself with any, not a word can be spoken but he layes hold of it, and accommodates it to his turn. In the interim all his observations he reduceth into a Catalogue, and every Summer carrieth it to the generall Con­sistory of the Jesuites Politiques, which privately meet in the Province of Wales, where he is a wel­come guest. There are Councels closely hammered [Page 177] which are fittest for the ruining of the Ecclesia­stique and Politique state of both Kingdomes.

Captain Read a Scot, dwelling in Long-Acre street neer the Angel Tavern, a Secular Jesuite, who for his detestable service performed (in perverting of a certain Minister of the Church, with secret intice­ments, to the Popish Religion, with all his Family, taking his daughter to wife) obtained as a reward an impost upon butter paid by the Countrey peo­ple, procured for him from the King by some chief men of the Society, who never want a spur where­by he may be constantly detained in his Office. In his house the whole plot is contrived, where the So­ciety, which hath conspired against the King, the Lord Archbishop, and both Kingdomes, convene: but on the day of the Post's dispatch they meet in greater numbers; for then all their informers assem­ble, and confer their notes together; and that they may be the lesse suspected, convey all their secrets by Toby Mathew, or Read himself to the Popes Le­gate, who transmits the pacquet of Intelligence to Rome.

With the same Read are entrusted the Letters brought from Rome, under forged titles and names, and by him delivered to whom they belong; for all their names are known to him.

Upon the same occasion Letters are also brought over under the covert of Father Philip (though he be ignorant of the plot) who distributeth them to the Conspirators.

In that very house there is a publique Chappel, wherein an Ordinary Jesuite consecrates, and dwel­leth. In this Chappel Masses are daily said by the Jesuites, and the children of some of the Domestiques, and some Conspirators are bap­tized.

[Page 178] They who meet there come often in Coaches, or a horseback in Laymens habit, and with a great train, wherewith they are disguised from notice, yet are Jesuites and Members of the Conspi­racie.

All the Papists of England contribute to this As­sembly, lest any thing should be wanting to pro­mote the enterprise, upon whose treasury a Wi­dow owner of the Houses where now Secretary Windebank dwelleth, and dead above three years since, conferred forty thousand pounds, and for the driving on of the businesse others contribute as they are able.

Besides the foresaid Houses, there are also other close Conventicles kept, but very distrust­ful of themselves, lest they should be discovered. First every of them (one not knowing of the other) are directed to certain Innes, and thence led by spies to the place of meeting, being other­wise ignorant of the place for feare of sur­prise.

The Countesse of Arundel, a strenuous she-Cham­pion of the Romish Faith, bends all her powers for this Universal Reformation, nothing is done secret­ly, or openly at Court, but she imparts it to the Legate, with whom she meets thrice a day, sometimes at Arundels house, now at Court, or at Tari-Hall.

The Earl himself being called about three years since, this year must goe to Rome, without doubt to consult there of matters pertinent to the design.

At Greenwich, at the Earls cost, a feminine School is erected, which is but a Monastery of Nuns; for the young Girles therein are sent forth, hither, and thither, into forain Monasteries beyond the Seas.

[Page 179] Master Porter of the Kings Bed-Chamber, most addicted to the Popish Religion, is an utter enemy of the Kings, revealing all his secrets to the Legate by his Wife; for he rarely meets with him himself. In all his actions he is nothing inferiour to Toby Ma­thew, it is unexpressible how diligently he intends this businesse.

His sons are secretly principled in the Romish Be­lief, but open Professors of the Reformed: the el­dest is now to receive his Fathers place under the fu­ture King: A Cardinals hat is provided for the other, if the plot takes.

Three years since, Mr. Porter was to be sent away by the King to Morocco: But was prohi­bited by the Society, lest the businesse should suffer delay.

He is a Patron of the Jesuites, providing Chappels for them to exercise their Religion in, both at home and abroad.

Secretary Windebank a fierce Papist, is the greatest Traitor to the King of all. He not only revealeth the Kings greatest secrets, but also communicates counsels by which the design may be best advanced. He at least thrice every week converseth with the Legate in the Nocturnal Conventicles, and reveal­eth what is fit to be known: to which end he hireth an house neer to the Popes Legate, to whom he of­ten resorts through the Garden door; for by this vicinity the meeting is facilitated. He is bribed with gifts to be a partner in the Conspiracy, by whom he is sustained, that he may more sedulously attend his charge; His son is sent expresly to Rome, on purpose to insinuate himself into his Holi­nesse.

Digby and Winter, Knights, Mr. Mountague, who hath been at Rome, the Lord Sterlin, a Kinsman [Page 180] of the Earl of Arundel, a Knight, the Countesse of New-port, the Dutchesse of Buckingham, and ma­ny others, who have sworn to this Conspiracy, are all most vigilant in the plot: Some are en­ticed with hope of Court, others of Political Of­fices; others attend to the sixteen Cardinals caps vacant, which are detained, so to feed with vain hopes those who expect them.

The President of the said Society was the Lord Gage, a Jesuited Priest, dead some three years since. He had a Palace adorned with wanton pi­ctures as pretending to profanenesse, but palliating thereby a Monastery, wherein forty Nunnes were maintained, concealed in so spacious a Palace. It is situated in Queens street. The Jesuites have bought all this street, and have reduced it to a quadrangle, where a Jesuitical Colledge is tacitely built, with this hope, that it might be openly finisht assoon as the General Reformation was ac­complisht.

The Popes Legate useth a threefold Character, one common to all Nuncio's. Another peculiar to himself and Cardinal Barbarino. A third where­with he covers some greater secrets to be imparted. Whatsoever things he receiveth from the Society, or spies, he packeth up in one bundle, with this addresse, To Monsieur Stravio Archdeacon of Cambrai; from whom they are sent to Rome.

These particulars considered, it will be evident to all,

1. That the Conspiracy against the King and Lord Archbishop is detected, and the means threatning ruin to them both is demonstrated.

2. The imminent dangers to both Kingdomes is declared.

3. The rise and progresse of the Scot'sh fire is re­lated.

[Page 181] 4. Means are suggested whereby their troubles may be appeased; for after the Scots shall see by whom, and to what intents their spirits are provoked, they will speedily look to themselves, neither will they suffer the Forces of both Kingdomes to be subdued, lest a middle party interpose, which seek the ruin of both.

5. With what sword the Kings Throat is assault­ed, even when these stirs shall be ended, Cons confes­sion and visible demonstration sheweth.

6. The place of Assembly in Captain Reads house is named.

7. The eight dayes dispatch by Read, and the Legate is described.

8. How the names of the Conspirators may be known.

9. Where this hole Congregation may be cir­cumvented.

10. Some of the principal unfaithful ones of the Kings party are notified by name; and many, whose names occur not yet, their habitations being known, their names may be easily extorted from Read.

If these things be warily proceeded in, the strength of the hole businesse will be brought to light, so the arrow being foreseen, the danger shall be avoided, which that it may prosperously succeed, the Almighty Creator grant.

They who will diligently compare this Information with what An objection answered re­lating to the discovery. hath conformably occurred in the preceding part of these Annals, and shall withall well consider the practices both ancient and modern of these pragmaticall spirits, will finde cause enough to think there was in it somewhat more then fiction, and that it may make some impression upon faith, without setting it upon the rack. Only one objection I shall rid out of the way, which may seem to discredit the truth thereof. And it is this.

The Archbishop of Canterbury stands aspersed in common fame, as a great friend at least, and Patron of the Romish Catholiques, if he were not of the same belief. And it were a policy mis-be­coming [Page 182] such subtile Serpents, causelesly to plot the death of their so eminent well-wisher. To which I answer, by concession; True it is, he had too much and long favoured the Romish Faction, but as upon what account it was he favoured them is uncertain, so was it but the Romish Faction, not the Romish Faith he favoured. He tampered indeed to introduce some ceremonies bordering up­on superstition, disused by us, and abused by them: from whence the Romanists collected such a disposition in him to their Tenets, as they began, not only to hope, but in good earnest to cry him up for their Proselyte. Upon this hypothesis, this supposition, they grew excessive proud and insolent, as well they might (know­ing how grand a Confident and Trustee he was of the Kings) had not their perswasion misled them; But the Archbishop finding that his tacite reservednesse in point of opinion, and former compli­ance with the Papists, was no longer expedient for his designes, and did begin to create ill-boading jealousies in another party, resolved to speak out, and un beguile them both. And first in the year 1637. openly at the Councel Table, he passionately com­plained to the King of their audacious resort to Denmark house, using some expressions of vehemency more particularly against the haughty deportment of Mr. Walter Mountague, and Sir Ioby Mathew. But that which most despighted them, was his publish­ing the next year the Relation of his conference with the Iesuite. Fisher, wherein he declared himself so little theirs, as he hath for ever dis-abled them from being so much their own as they were before; it being the exactest, the master peece of Polemique Divinity of all extant. Pity it is his thoughts which were in other affairs a thought too high, had so fatal a diversion from his studies. But what one is excellent in every thing? Now the Archbishop thus professedly owning the Protestant cause, and having so potent an influence upon the King, it was no wonder if he became as formidable to the Romanists, as Hannibal was to Ubi Hannibal est, ibi caput at (que) arx hujus Belli. Liv. the Romans; (and where Hannibal was, there his enemies judged the life and soul of the Carthaginian strength to reside) and by consequence his destruction the main concernment of their in­terest.

April the 13. the Parliament sate according to preappoint­ment, 1640. The Parlia­ment assem­bled. when the Earl of Strafford was led into the upper House by two Noble-men to give them account what feats he had wrought in Ireland, having there obtained the grant of four Subsidies for the maintenance of ten thousand Foot, and fifteen hundred Horse: implicitely hinting agreeable to what scheme England should proportion their supplyes. Some few dayes after a report was made to the Lords, by the Lord Cottington (who with Secretary Windebank and the Atturney General were sent by the King to the Lord Lowdon to examine [Page 183] him, concerning the Letter before mentioned) that the Lord did Ann. Christi 1640. acknowledge the hand-writing to be his, that it was framed before the Pacification at Barwick, and was never sent to that King, but only prepared in a readinesse, should need require, and that it was supprest upon that Pacification; neverthelesse it was thought fit he should continue in the same state untill clearer evidence should be given, either for, or against him.

Soon after the the King sent a message to the lower house about supplies representing to them the intolerable indignities and in­juries wherewith the Scots had treated him, and withall declared to them, that if they would assist him sutable to the exigency of his sad occasion, he would for ever quit his claime of Ship-mony, and into the bargain give them full content in all their just demands. But they reply'd they expected first security from his Majesty in these three particulars. First, for clearing the Subjects property; Second­ly, for establishment of Religion; Thirdly, for the priviledge of Parliament. Many conferences there were had between the Lords and Commons about this old contest which should precede, the Kings supply, or the Subjects grievances. The Lords after a stong division among themselves at length voted for the King, and the Commons for the Subjects. But it was not long before this unhappy difference was most unhappily decided. For Secretary Vane who was imploy'd to declare the particulars of the Kings desires, requi­red twelve Subsidies, whereas twas said, his expresse order was for only six. Some there are suspect this mistake to have been not in­voluntary but industrious in him; but leaving that indetermined, the House of Commons was raised by this Proposition to such animosity, as the King advising with his Iuncto, their compliance was represented to him so desperate, as May the 5. he ordered the Dissolution of the Parliament.

Thus expired this short-lived, or rather thus ended this stil-born Parliament; a Parliament I know not whether more unfortunate, in beginning so late, or ending so soon. A Parliament which had power, and probably will enough to impede the torrent of the late civill War: for the breaches between the King and People were grown so high, as one might already discern all the lineaments of an insurrection in Embryo, but the head, whose Abortion nothing could cause but an happy union in Parliament, a thing not very dif­ficult, much lesse impossible at this time. Had the King yeelded to a detrenching some luxuriances of his Prerogative, to the redu­cing Episcopacy to its primitive institution, that is to the frame by Divine Right (a root which had not sap enough to maintain so spreading and flourishing a top as was contended for) to a more fre­quent and sociable communication of Councels with the grand Re­presentative; in short to such fluent and spontaneous concessions, as eing resolved upon too late, were (in reference to his personal [Page 184] safety) lost and thrown away in the ensuing Parliament, in all like­lihood he had much quieted the distempers of his subjects, much calm'd their animosities, why not totally gained their affections? and in order to all this his Majesty had now already modelled all his passions, all his inclinations. And as the King was disposed towards this blessed conjunction, so was there not so intense an op­position to the Kings satisfaction in the mind of the generality of the members of this Parliament, as was like to obstruct it. So that to counsel the dissolution of an Assembly so importing to the Kings and Kingdoms welfare must be the advice of men who understood not so well as they meant, whereof many laid the blame upon the Archbishop of Canterbury, a learned, pious and morally a good man, but too full of fire. As affaires of the Church then stood, Bishops might in reference to Ecclesiastical concernments be service­able assessors in Privy Councel, but in civil matters perhaps it had been better, had they been lesse active, according to the example of this Archbishops predecessor, penultime, and last but one Arch­bishop Whitgift, who being a Privy Counsellor, it was his constant mode to attend the Table early in the morning, and after the usual apprecation of a good morrow to the Lords, he alwayes requested to know if there were any Church businesse to be debated that forenoon; if the answer returned was, yea, he stayed; if negative, he craved leave to be dispensed withall, saying, Then my Lords there's no need of me, and so departed. A most laudable and prudentiall practise.

This convention was not more unhappily dissolved then another was continued, that is, as a witty Gentleman said well, A new Synod made of an old Convocation, which by new Commission from the King, were impowered to sit still: the impulsives to it are easily col­lected from what resulted from it.

The Scotish fires had already in that Kingdome consumed and burnt up to nothing Episcopacy both root and branch, and just cause The Convoca­tion sitteth. there was to fear the like proceedings here in England, where many began not only to sit upon the Bishops skirts, that is, to controvert the motes and bounds of their authority, but to claim a co-parcenery, and equall share in the main possession, asserting, in good earnest, that though the Bishops had long Lorded over them through tem­poral indulgence, yet in the sacred Dialect they were as good men as themselves, Bishops and Presbyters in Scripture phrase being of equivalent import, and denoted the self same persons, without the least distinction, they whom Holy Text cals Bishops, having an Identity, a same-nesse of Name, of Ordination, of Office, of all qualifications necessary to that office, with Presbyters. The Prelates finding their dear Palladium so deeply concerned, and heaved at, were as eager to conserve it, the Presse swarmed with Books setting forth the Right upon which Episcopacy was founded, but all advantaged [Page 185] them little, for such a prejudice there was against them, and the Truth contended for lay then so deep, as few had perspicacity e­nough to discern it, so it did them little service, therefore the Bishops observing these levelling principles growing into such request took measure from their profest adversaries the generall Assembly of Scotland, with whom they so interfered. For as that Assembly ha­ving formed a Covenant for the destruction of Episcopacy, severely urged subscription to it: so did this Synod for the support of their Hitrarchy frame as an Anti-covenant this Oath following.

I A. B. do swear, That I do approve the Doctrine and Discipline of Government established in the Church of They impose a new Oath. England as containing all things necessary to salvation. And that I will not endevour by my self or any other, di­rectly or indirectly, to bring in any Popish Doctrine con­trary to that which is so established. Nor will I ever give my consent to alter the Government of this Church by Archbishops, Bishops, Deans and Arch-Deacons, &c. as it stands now established, and as by right it ought to stand, nor yet ever to subject it to the usurpa­ons and superstitions of the Sea of Rome. And all these things I do plainly and sincerely acknowledge and swear according to the plain and common sense and understand­ing of the same words, without any equivocation or mentall evasion, or secret reservation whatsoever. And this I do heartily, willingly, and truly upon the Faith of a Christi­an. So help me God in Iesus Christ.

Many things were exceedingly blamed in the contrivance of this Oath;

First, that seeing a clear notion of the thing sworne to (which the Prophet Ieremy comprehendeth under the word Iudgement) is a necessary qualification to the legality of an Oath, this [&c.] was of so mysterious import as the very Imposers, much lesse the Jurours, were not able to decypher what it meant.

Secondly, some things were expresly to be sworn to, which were never thought to have any shew or colour of sacred Right, but were conceived arbitrary, and at the disposition of the State, and to exact an Oath of dissent from civil establishments in such things of indifferency, was an affront to the very fundamentals of Government.

[Page 186] Lastly, because the Juror therein declared he sware willingly, to which he was constrained under the highest penalties, that is, as that noble Lord said, Under the losse of both Heaven and Earth, of Heaven, by excommunication; and of Earth, by deprivation.

Again, they ran parallel with the Covenanters in another consti­tution, for as the Scots condemned the Arminian tenets without de­fining what those Tenets were, which King Charles noted as a strange proceeding in them, so did these the Socinians not declaring wherein they were culpable.

There was also framed by this Synod a Canon wherein the situ­ation of the Communion Table should be at the East end severed with Railes to preserve it from profanation, and for permitting the practice or omission of bowing towards the East as men never perswaded within themselves, concerning the lawfulnesse and de­cency thereof.

And that his Majesties ratification of these Rules might as well Great Benevo­lence to the King. be thought an act of gratitude as grace, they granted him a most ample Benevolence of four shillings in the pound assest upon all the Clergy for six years towards his expedition against the Scots, which was beheld as an act of very high presumption and an usurpa­tion upon the preeminence of Parliament; no Convocation having power to grant any Subsidies, or aid without confirmation from the Lay-Senate.

This Synod ended May the 29. and the first offender who be­came obnoxious to the animadversion of their new Law, was one of its late members, Godfrey Goodman Bishop of Glocester, who refused subscription to the Canons, and was thereupon suspen­ded. This Bishop had been long suspected as addicted to the Romish belief.

The Scots having sped so well in their adventures against Soveraignty, England began now to be bewitched with their Principles, and to learn their Discipline of daring. Liberty is so sweet as few are of a temper too sober not to attempt it, espe­cially when successe hath opened the advenues of atchievement, and rendered it seemingly attainable. Nor did we derive from them only the rudiments, but the method also of revolt. Our first probationary tumult commencing in a rude assault upon this Archbishop, as theirs upon the Archbishop of St. Andrews. Spe­cious pretences they wanted not to honest, to justifie the en­terprize. That Parliament from which the hole Kingdome ex­pected a Reformation of all enormities both in Church and Common-wealth, a total dissipation of all foggie jealousies be­tween the King and People, an accommodation of all differ­ences between England and Scotland; that Parliament had an im­mature, miserable, deplorable dissolution; and who bare the odium of that unfortunate advise comparably to Canterbury? Upon this [Page 187] score a Paper was posted upon the Old Exchange, May the 9. Exhorting Prentices to rise and sack his House at Lambeth the Mun­day following; whereof the Archbishop having notice, prepared for his defence; and it was well he did so, for the Munday fol­lowing, The Archbi­shòps Palace beset by pren­tices. in the dead of night, about five hundred beset his Palace, and made many attempts to force an entrance, but all in vain, such provision had the Archbishop made for his security; but though he escaped the violence of their hands, yet did he not the virulence of their tongues, which did most impetuously rage against him, now with menaces, now with imprecations. The next day many of these riotous delinquents upon narrow inquiry were apprehended, and imprisoned in the White-lion, but within three dayes after some of their either complices, or adherents came in the day time, brake open the Prison, and enlarged them. Neverthelesse one of their Captains was re-taken, condemned at Southwa [...]ke, and May the 21. for example sake, hanged and quartered.

The Parliament being blown away without affording any thing in nature of supply to the Kings wants, all the wheeles of the Prerogative are put into motion to carry on the War: First, the City of London were invited to a Loan, then all Knights and Gentlemen who held Lands in Capite of the King were summoned to send men, horses, and Armes agreeable to their abilities.

The City was sullen, would not give down their milk, and pleaded want of Trade and poverty: a very poor plea as her con­dition then stood, for how could want flow in upon a Nation from a Peace of forty years duration? And where Kingdomes thrive, the Mother Cities, which usually grasp and gripe all they can from the body, will be sure to secure themselves against necessity. No, she was luxuriant in wealth never more, and pampered with ease, so as her high repletion brought her into a Cachexy, an ill habit of body, this set her on longing and lusting after strange gods. She began now to be disciplined by Pres­byterian emissaries, and resolved to fashion herself to the Scot'sh designes. Again, the Prerogative had lately, as she thought, treated her somewhat roughly. Her Plantation of London-Derry in Ireland, was for some alleadged misdemeanours, not long be­fore questioned in the Star-chamber, and there declared forfeited to the King, and fines imposed upon the Planters; This was of no pleasing re-sentment, and operated not a little towards their denyal.

But the Gentry for the generality exhibited inclinations more prompt, and afforded their help to relieve the King. By this and other fore-mentioned aids the Royal Army began to Rendevous, whereof the Earl of Northumberland was appointed Generalissimo, [Page 188] and the Earl of Strafford Lieutenant General, but the first fell pre­sently into a great sicknesse, so as his conduct was dispensed with­all, and the second was not of so perfect health as to undertake the chief command; whereby, the King resolved to assume it himself, and having staid the Queens safe delivery of her son Henry in Iuly, August the 20. he set forward towards the North, his Army The King goes against the Scots. having preceded him many dayes before, being informed that the Scots were entred England; but he made not such hast thither, but before he could come to see it verified, he heard it in the sad effects The Scots en­ter England. thereof. For having reached as far as Northallerton towards New-castle, he was welcomed thither by the Lord Conway with the un­welcome news of a great defeat, his Army had received that day being Aug. 28. at Newburn upon Tine, the substance of which action was as followeth.

August the 27. the Lord Conway then Commander in chief, The engage­ment at New­burn. had drawn all his Cavallery, being about twelve hundred Horse, and about three thousand Foot, to secure the passe upon the River of Tine neer Newburn, the Foot he had lodged behinde a breast­work, thereby to infest the [...]nemy in their passage. That night Lord Generall Lesly came to the other side of the River, and before morning had planted nine peeces of Ordnance, having blinded them with bushes from the English observation. The next morning he sent to the Lord Conway, desiring his leave to passe towards his Ma­jesty with their Petition; the Lord answered that he would permit a few, but not an Army to passe; whereupon Lesly commanded three hundred Horse to advance into the River, whom the Musqueteers from behind the Brest-works so galled, as they were enforced to retire, which Lesly perceiving, played upon that blinde with his Canon so furiously, as made them abandon The English routed. their post, cast away their Armes and fly: then the Scot'sh Ca­vallery re-advanced, who were gallantly charged by Mr. Wil­mot Commissary General of the Horse, but they were so annoy­ed with the Scot'sh Canon, and withall so over-numbred, all the burden of the encounter being born by the Gentlemen, as they were compelled to retire in disorder. In this hostile aggres­sion the English received far the greater losse, three hundred being slain and taken. The Lord Conway perceiving the Cavallery thus routed, and the Infantry run all away, hasted his retreat to the King, and for the same reason Sir Iacob Astley then Governour of New-castle, deserted it, having first sunk the Ordinance in the River, being well assured it New-castle de­serted. was not tenable, as having nothing in it tending to Fortifi­cation.

The English Army retreating now from New-castle, was taken into the command of the Lord Lieutenant of Ireland, who brought up the Rear, and being come back to York, where the [Page 189] King then was, he charged the principal miscarriage of the acti­on upon the Lord Conway, who with as stout an animosity vindi­cated his own reputation.

Though the Covenanters prospered in England, yet an odd The Earl of Haddingtons mischance at Dunse. accident in Scotland discoloured their affairs into a melancho­lick complexion. For General Lesly having left some peeces of Canon at Dunse, which he thought more then necessary for his service; the Garrison of Barwick issued out to fetch them from Dunse, and possest themselves of them; upon this an Alarm was given to the Earl of Haddington, then commanding in Louthian and the Merse. The Earl with two thousand Horse and Foot persues the English, and after a short skirmish rescued the Canon, which he carryed to Dunglasse. And being there at Dinner the next day with about fourteen or fifteen Knights and Gentlemen of note and neer alliance to him, very frolique and merry, in a moment the Magazine of powder which was in a Vault under the room where they dined, took fire and blew up himself with all his guests. Whether this was an accident or some industrious plot, was not known.

September the Lords Mandevil and Edward Howard, delivered A petition pre­sented to the King by the Lords. to the King at York this Petition.

To the Kings most Excellent Majesty.

The humble Petition of your Majesties most loyal and most obedient Subjects, whose names are under written in behalf of themselves and di­vers others.

Most Gratious Soveraign,

The zeal of that duty, and service, which we owe to your Sacred Majesty, and our earnest affe­ction to the good and welfare of this your Realm of England, have moved us, in all humility, to beseek your Royal Majesty, to give us leave to offer to your Princely wisdome, the apprehension, which we and others your faithful Subjects have conceived, of the great distempers and dangers now threatning the Church and State, and your [Page 190] Royal Person, and of the fittest means by which they may be removed and prevented.

The evils and dangers whereof your Majesty may be pleased to take notice, are these.

1. That your Majesties Sacred Person is expo­sed to hazard, and danger in the present expedi­tion against the Scottish Army; and by occasion of this War your Majesties revenue is much wasted, your Subjects burthened with Coat and conduct Money, billetting of Souldiers, and other Mili­tary charges, and divers rapines and disorders com­mitted in several parts of this your Realm, by the Souldiers raised for that service, and your hole Kingdome become full of fears and discontents.

2. The sundry innovations in matters of Reli­gion, the Oath and Canons lately imposed upon the Clergie, and other your Majesties Subjects.

3. The great encrease of Poperie, and the em ploying of Popish Recusants, and others ill-affe­cted to the Religion, by laws established, in places of power and trust, especially in commanding of Men, and Armes, both in the Field, and sundry Counties of this your Realm, whereas by law they are not permitted to have any Armes in their own houses.

4. The great mischiefs which may fall upon this Kingdome, if the intentions which have been credibly reported of bringing in Irish and forain Forces, should take effect.

5. The urging of ship-money, and prosecution of some Sheriffs in the Star-chamber for not levy­ing of it.

6. The heavy charge upon Merchandise, to the discouragement of Trade, the multitude of Mono­polies, and other Patents, whereby the Commodi­ties and Manufactures of the Kingdome are much [Page 191] burthened, to the great and universal grievance of your People.

7. The great grief of your Subjects, by long in­termission of Parliaments, and the late and former dissolving of such, as have been called, without the happy effects which otherwise they might have pro­duced.

For remedie whereof, and prevention of the dangers that may arise to your Royal Person, and to the hole State; they doe in all humilitie and faith­fulnesse beseek your most Excellent Majesty, that you would be pleased to summon a Parliament with­in some convenient time, whereby the causes of these, and other great grievances which your People lie under, may be taken away, and the Authors and Counsellors of them may be there brought to such legal trial, and condign punishment, as the nature of their several offences shall require. And that the present War may be composed by your Majesties wisdome without bloud, in such manner as may conduce to the Honor and safetie of your Majesties Person, the comfort of your People, and the uniting of both your Realms against the common Enemie of the Reformed Religion. And your Majesties Peti­tioners shall ever pray, &c.

  • Francis Bedford
  • Robert Essex
  • Mulgrave
  • Say & Seal
  • Edward Howard
  • William Hartford
  • Warwick
  • Bullingbrook
  • Mandevil
  • Brook
  • Paget.
[Page 192]

The Kings Answer.

Before the receipt of your Petition, his Majesty well fore-saw the danger that threatens himself and Crown; and therefore resolved the 24. of this moneth to summon all the Peers, and with them to consult, what in this case is fittest to be done, for his own Honor, and safety of the Kingdome, where they with the rest may offer any thing that may conduce to these ends.

According to this resolution, the Lord Keeper had directions from the King to issue out writs of Summons for their appear­ance at York on the 24. day of September, which he punctually persued.

Soon after the presenting of this Petition from the Lords, came another from the Scots, the substance whereof was a de­sire, that his Majesty would call a Parliament, for setling a firm peace between the two Nations.

To this Petition the King reply'd, with signification of what he had ordered before in reference to the welfare of himself and both Kingdomes.

And it was high time for an accommodation to be effected, for Lesly now began to rant it in New-castle, and the parts ad­jacent, The Scot'sh oppressions in Northum­berland. as Brennus did at Rome, with a Vae victis: he im­posed a tax of three hundred and fifty pounds per diem upon the Bishoprick of Durham, and three hundred pound upon Northumberland, upon pain of plundering, and yet permitted souldiers to rifle houses, break up shops, and act what insolencies they pleased, seised upon four great English ships laden with corn, as lawful Prize, they not knowing in whose possession the Town was, till they entred the Haven.

The first day of the Lords assembling at York, it was re­solved that a Parliament should be summoned to convene No­vember A treaty be­tween the En­glish and Scotch. the 3. Then a message was sent to the Scots, desiring a speedy Treaty at York. The Scots reply'd they held that no place of security for their Commissioners, considering that he (the Lieu­tenant of Ireland) who commanded his Majesties Army, was one [Page 193] who had proclaimed them Traitors in Ireland, before the King had done the same in England, and who had threatned to de­stroy their Nation both root and branch. And against whom, as a chief Incendiary of the late troubles, they intended to complain. Hereupon it was concluded that the Treaty should be held at Rip­pon. The place being agreed upon, the next stage of resolutions was to the nomination of persons thought fit to treat, which be­ing determined, and assented to on both sides, and the Commissioners met to fall upon consultation, the Scots took exceptions at the Earl of Traquairs being present at their debates, he being not nomina­ted either by the King or Parliament of Scotland as a Commissi­oner; whereof the King being advertised, and advising with his Counsel, this answer resulted from them, That though the Earl was not authorised to treat as a Commissioner, nor to Vote in the de­bates; yet was it very reasonable he should be present, in regard all things which require debate, as the Laws and Customes of the Kingdom of Scotland, and all Passages of the Assembly and Parlia­ment (to which the English Commissioners are strangers) are best known to him. This answer being returned, the Scots superseded from further opposition in that subject, so that the Commissioners fell directly upon their imployment.

The first thing propounded by the English, was a Cessation of Arms: but the Scots said many other things were to be of anteriour consideration. As their affairs stood, untill they had obtained what they came for, home they must not return; & forward they durst not advance, his Majesty having commanded the contrary, so that there was an urgent necessity of their continuing their present quarters, which they were unable to do, unlessesome way were stated for their subsistence: Again, some particulars were to be predetermined of necessary relation to the Treaty; therefore October the 2. they presented the English Lords with these subsequent De­mands.

1. We desire your Lordships to take into your considerations, The Scots de­mands. how our Army shall be maintained until the Treaty be ended, and our peace secured.

2. If a greater number of Commissioners be required, that a convoy begranted for their safe arrival.

3. A safe convoy for all letters from us to the Parliament, and from them to us.

4. That for the benefit of both Kingdomes, there may be a free commerce; and that the common trade of New-castle be not hindered, but especially for victuals.

The first of these demands seemed very harsh to the English, who thought it most unreasonable to maintain the Scotts at such a time when the Kings Army was in more distresse: but the sword oft gives law to reason; so when accosted by sturdy beggers, our [Page 194] fear is more liberal then our charity, and to deny the Scots any thing, considering their armed posture, was interpreted the way to give them all, upon which apprehension our Commissioners ap­plyed themselves very sedulously to such results, as did both comply with their demands and were serviceable to the ease and quiet of the oppressed Countries; these were formed into thirteen Articles and agreed upon the 16. of October.

These previous obstructions being thus removed, the Commis­sioners next proceeded to the Treaty of Cessation, which after se­veral debates produced, Octob. 26. these ensuing Articles, and were after signed by his Majesty.

1. That there be a Cessation of Armes, both by Sea and Land, from this present.

2. That all acts of hostility doe henceforth cease.

3. That both parties shall peaceably return, during the Treaty, whatsoever they possesse at the time of the cessa­tion.

4. That all such persons who lived in any of his Majesties Forts beyond the River of Tees, shall not exempt their lands which lye within the Counties of Northumberland and the Bishoprick, from such contributions, as shall be laid upon them for the payment of eight hundred and fifty pounds per diem.

5. That none of the Kings Forces upon the other side of Tees, shall give any impediment to such contributions, as are already allowed for the competency of the Scotch Army, and shall fetch no victuals, nor forrage out of their bounds, ex­cept that which the Inhabitants and owners thereof shall bring voluntarily unto them, and that any restraints or detention of Victuals, Cattle, or Forrage which shall be made by the Scots within those bounds for their maintenance, shall be no breach.

6. That no recrute shall be brought into either Armies, from the time of cessation, and during the Treaty.

7. That the contribution of eight hundred and fifty pounds per diem, shall be only raised out of the Counties of Northum­berland, Bishoprick, Town of New-castle, Cumberland, and West­merland: and that the nor payment thereof, shall be no breach of the Treaty, but the Countries and Towns shall be left to the Scots power to raise the same, but not to exceed the sum agreed upon, unlesse it be for charges of driving, to be set by a priser of the forrage.

8. That the River of Tees shall be the bounds of both Ar­mies, (excepting alwayes the Town and Castle of Stockton, and the Village of Egystiff) and the Countries of Northumberland and Bishoprick be the limits, within which the Scot'sh Army is to reside, having liberty for them to send such convoyes as shall be necessary for the gathering up only of the contribution, which [Page 195] shall be unpaid by the Counties of Northumberland and Cum­berland.

9. That if any person commit any private insolence, it shall be no breach of our Treaty, if, upon complaint made by either parties, reparation and punishment be granted.

10. If victuals be desired upon the price which shall be agreed upon, and ready money offered for the same, and refused, it shall be no breach of the Cessation to take such victuals paying such prices.

11. No new fortifications to be made, during the Treaty, against either parties.

12. That the Subjects of both Kingdomes may in their Trade of commerce freely passe to and fro, without any stay at all; but it is particularly provided, that no member of either Army, passe without a formal Passe, under the hands of the General, or of him that commands in chief.

This Treaty at Rippon was but the Parasceue, the preparation to another of higher import, for the time being far spent and the Scots chief demands to be considered of, the Lords by con­sent of the Scots became humble sutors to his Majesty, that the general Treaty should be transferred to London, to which the King agreed. Hostility being thus sopited, thus laid to sleep, be­tween us and Scotland, the King and Lords posted to London.

One thing very remarkable may here have a commodious situa­tion. The Earl of Montrose de­clines from the Covenanters. Iames Earl of Montrose having long and faithfully adhered to the Covenanters, began at length, as he thought, to smell out the ran­cidity, and ill favour of their intentions, and that they really minded nothing lesse then what they so solemnly professed, The Honour of his Majesty, and preservation of Religion; no sooner did this apprehension seise upon him, then he meditated dis-en­gagement, but finding the work would require his best artifice, he dissembled his intent a good while, seemed as active as be­fore, was the first man of that Army, who in this last expediti­on set foot on English ground; thus studying to appear faithful and forward in petty things; that when time served, he might betray them to better purpose; but the Scots marching over the Tine lesse disturbed then he expected, he was much disappointed, of that opportunity he so longingly attended, yet kept the same loyal inclinations toward the King, which taking advantage of the Treaty, he found means to notifie to his Majesty by letters, where­in he professed his fidelity and most ready obedience to him; these letters were by some of the Kings Bedchamber-men, the sup­posed The Kings pockets rifled. instruments of Hamilton, secretly taken out of his Majesties pocket in the night, copyed out, and communicated to the Covenan­ters at New-castle, who concealing their information, did not with­all conceal their malignity against the Earl, but laboured all they [Page 196] could to render him odious to the people, and thereby unservice­able to his Majesty. This rifling of his Majesties pockets (worse then of his Coffers) was not the first experiment made up­on him in that kinde, but of too familiar practise, to the betray­ing of his most secret Councels, so that the Archbishop of Can­terbury writing to the King concerning the plot against him dis­covered by Andreas ab Habernfield puts in this caution, concern­ing those letters. Sir I beseech you trust not your own Pockets with them. Tacitely hinting what Legerdemain had been formerly exercised upon the Kings Pockets.

The Parliament was approaching, whose convening was atten­ded by this Kingdome with so much longing, such impa­tience of desires, as every moment which retarded it was interpreted a kinde of grievance to the subject: for we began now to think nothing could make us happy but a Parliament, and that no Parliament could make us miserable: this was the sense of the greater part of this Nation, and if this Parliament succeeded not adequate to some mens vote, perhaps the miscar­riage of their hopes may be somewhat imputed to this sense. Over-ruling Providence delights oft to order the operations of Agents, both free and natural, counter to mans expectation; to teach us the vanity of that Faith, which is founded upon causes subaltern.

Tuesday November the 3. being the day prefixt, and the Parlia­ment The Parlia­ment sit. assembled, his Majesty spake.

My Lords,

The knowledge that I have of the Scott [...]sh The Kings speech. Subjects, was the cause of my calling of the last Assembly of Parliament, wherein if I had been believed, I do most sincerely think that things had not faln as we now see; but it is no wonder that men are so slow to believe that so great a sedition should be raised upon so little ground. But now (my Lords and Gentlemen) the honour and safety of this Kingdome lying so heavily at stake, I am resolved to put my self freely upon the love [Page 197] and affections of my English Subjects, as those of my Lords that waited on me at York very well remember I there declared.

Therefore (my Lords) I shall not mention mine own interest, or that support I might justly expect from you till the common safe­ty be secured: though I must tell you, I am not ashamed to say, those charges I have been at, have been meerly for the securing and good of this Kingdome; though the successe hath not been answerable to my desires. Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdome, wherein there are two things chiefly considerable. First, the cha­sing out of the Rebels. And secondly, that other, in satisfying your just grievances, wherein I shall promise you to concur so heartily and clearly with you, that all the world may see my intentions have ever been, and shall be to make this a glorious and flou­rishing Kingdom. There are only two things more that I shall mention to you. The one is to tell you, that the Loan of mony which I lately had from the City of London, wherein the Lords who waited on me at York assisted me, will only maintain my Army for two months from the beginning of that time it was granted. Now (my Lords and Gen­tlemen) [Page 198] I leave it to your consideration, what dishonour and mischief it might be, in case for want of money my Army be disbanded, before the Rebels be put out of this King­dome. Secondly, the securing of the cala­mities the Northern people endure at this time, and so long as the Treaty is on foot. And in this I may say not only they, but all this Kingdom will suffer the harm, therefore I leave this also to your consideration. For the ordering of the great affairs whereof you are to Treat at this time; I am so confi­dent of your love to me, and that your care is such for the honour and safety of the King­dome, that I shall freely leave to you where to begin: only this, that you may the bet­ter know the state of all affairs, I have com­manded my Lord Keeper to give you a short and free account of those things that have happened in this interim, with this Pro­testation, that if his account be not satisfa­ctory, as it ought to be, I shall whensoever you desire it, give you a full and perfect ac­count of every particular. One thing more I desire of you, as one of the greatest means to make this an happy Parliament, that you on your parts, as I on mine, lay aside su­spicion one of another, as I promised my Lords at York, it shall not be my fault [Page 199] if this be not an happy and good Parlia­ment.

The King having ended, the Lord Keeper, in persuance of his Majesties commands, gave them a summary relation of all things relating to the Scotish Invasion, I dare not say Rebelli­on, for that the King represented them under that disgustfull cha­racter, was very ill resented by some considerable persons, where­of his Majesty having notice, told the Parliament two dayes after, He must needs call them Rebels, so long as they have an Army that do invade England.

The remainder of that week was spent partly in setling Committees for general Grievances, and partly in set spee­ches of Rhetorically declaiming against, and dissecting them.

Munday being the 9. of Novemb. Petitions came thronging Several Petiti­ons against Grievances. in from all Countries of the Kingdom, craving redresse of the late general exorbitances both in Church and State, as also from particular persons who had smarted under the lash of the Star-Chamber, Councel-Table, and High Commission Court. Novemb. the 10. these Petitions were delivered to Grand Committees, and divers ordered to be enlarged out of Pri­sons, to make their defences, especially Prynn, Bastwick, and Burton.

In the House of Lords, Novemb. the 10. there was a com­plaint Priviledges of the Lords House violated. made that their priviledges had been temerated and in­fringed, by the search of the Earl of Warwicks and the Lord Brookes studies, Cabinets and Pockets, upon the dissolution of the last Parliament, and Sir William Beecher the instrument imployed in that action, was sent for to give account by what authority he proceeded, who alleaged he had a warrant therefore from the two Secretaries of State, whereupon he was committed to the Fleet.

The next day Mr. Pym was sent from the Commons to the The Lieute­nant of Ireland impeached of Treason. Lords with a message of Impeachment of High Treason, char­ged upon the Lieutenant of Ireland, whereupon he was reque­sted from the Parliament house, and committed to the Usher of the Black Rod, and in order to his further accusation, Sir George Ratcliff a great confident of the Lieutenants, and a supposed con­criminary with him, was two dayes after sent for out of Ireland by a Serjant at Armes.

The two Armies in the North lay heavy upon these Coun­tries The Northern Armies in want. where they quartered, and their pressures were like to en­crease unlesse some supply were speedily dispatcht to them; therefore Novemb. the 12. the House resolved upon an 100 [...]00 l. [Page 200] for their present pay, and untill the monies could be levyed by way of Subsidie, they were borrowed of the City of London upon interest; divers members of the Parliament engaging for them

Munday the 16. the Lord Bishop of Lincoln was set free of Bishop of Lin coln enlarged. his imprisonment in the Tower, upon the suit of the House of Peers to his Majesty, and the next day (being a day of Humiliation) he was brought into the Abbey Church by six Bishops, and officiated there as Dean of Westminster before the Lords. The House of Commons assembling according to their ancient mode in St. Margarets Church, while the second-service was reading at the Communion Table (sutable to the late and anti­ent practise,) it was disturbed by a Psalme begun, at which many were amazed.

The Earl of Strafford entring now into his state of trans-figu­ration, from the high pitch of honour, to the condition of du­rance, found his friends active and awake to serve him with their best endevours, in all things relating either to his reputation, or safety. In order to which it was the 19. day precariously moved, 1. That he might be bailed, divers Lords freely tendring themselves to that end; But the Lord Paget declared it was against the lawes of the Land, and priviledge of the House, in which opinion the major part of the Peers acquiesced. Then it was prayed he might have Councel assigned him, and a Sollicitor, in regard he was under so strict a restraint. Both which were condescended to.

The 21. one Iohn Iames, son of Sir Henry Iames of Fe­versham Justice Ho­ward assaulted by a Papist. in Kent, a Romish Catholique, stabbed Mr. Howard (a Justice of Peace for Westminster) in Westminster-hall, to the great hazard of his life. The impulsive to this savage assault, was supposed to be because Mr. Howard had framed a list with the names of such Recusants, as were within the liberties of West­minster, which he was to deliver up to the Committee for Re­ligion. Mr. Iames was committed to the Gatehouse, and the King sent an expresse to the Commons that they should proceed severely against him.

The 28. Mr. Prynne and Mr. Burton were brought into London Pryn and Bur­ton enter Lon­don in triumph. in great pomp and state, being conducted with many thousands of horse and foot, having sprigs of Rosmarine in their hands, to the great dishonour and defying of those Courts, which had passed sentence against them, and Decemb. the 3. were admitted into the house of Commons, to present their Petitions against the Pro­secutors.

The Parliament began now to appear so formidable to all who Secretary Win­debank flyeth. laboured of any bad character, as the very terrour was a kind of proscription and exile; upon this very skore Sir Francis Winde­banck, [Page 201] Secretary of State, having been questioned for reprieving Priests, and suspected guilty of worse matters, Decemb. 5. slily slipt aside into France.

The 7. it was unanimously voted by the Commons,

1. That the charge imposed upon the subject for the providing and furnishing of Ships, and the Assessements for raising of money for Votes against Shipmoney. that purpose (commonly called Shipmoney) are against the Lawes of the Realme, the Subjects right and property, contrary to former resolutions in Parliament, and the Petition of Right.

2. That the extra-judicial opinion of the Iudges published in the Star-Chamber, and enrolled in the Courts of Westminster, are in the whole and in every part of them against the Lawes of the Realm, &c. ut priús.

3. That the Writs (commonly called the Shipwrits) are against the Lawes of the Realm, &c. ut priús.

4. That the Iudgment in the Exchequer in Mr. Hambdens case, is as to the matter and substance thereof, against the Lawes of the Realm, &c. ut priús.

From the damning of the Tax, to the censure of the contrivers of it, the motion is natural, as to a proper consectary of it; and this consideration led the Parliament first to fix upon the (so thought) leading man therein, the Lord Keeper Finch, and the rest of the Judges; and accordingly the next day a Committee was appointed to draw up a charge of high Treason against them.

Decemb. the 11. Alderman Penington with some hundreds at his heeles came to the House of Commons, and presented a The London Petition a­gainst Bishops. Petition from the Citizens (not from the City) of London, sub­scribed by 15000. lamentably complaining against the Ecclesi­astical Discipline and many ceremonies of the Church of England; which raising too much debate for a speedy determination, was transmitted to another time.

Their next advance in the work of reformation, was an in­spection The late Ca­nons damn'd. into the illegality of the late Convocation, and Canons thereof; and upon full hearing of all arguments urged on both sides, the House resolved Decemb. the 15. That the Clergy in a Synod or Convocation hath no power to make Canons, Constitu­tions or Lawes to bind either Laity or Clergy, without a Parlia­ment; and the next day voted, That the Canons are against the fundamental Lawes of this Realm, against the Kings Prerogative, Property of the Subject, the right of Parliaments, and do tend to faction and sedition.

Dependent upon this Declaration next follows the appointment of a Committee to prepare a charge against the Archbishop of Canterbury, as one of prime re-marque in forming of these Ca­nons, and for other supposed Delinquences: the Scots having [Page 202] complicated him with the Earl of Strafford in their grand accu­sation against him (presented to the House of Lords by the Lord Paget, Decemb. the 17.) under the character of an incendiary in this national difference, and the 18. was voted guilty of high Trea­son, and committed to the Usher of the black Rod.

The same day there was also a select Committee nominated, to inquire into the branches of the privileges of Parliament, by the commitment of several members 4. Caroli, as Sir Marmaduke Lang­dale, Mr. Crow, &c.

The Lord Keeper Finch observed himself to stand upon a Lord Keeper Finch defends his innocency. very tickle point, and taking notice of what was preparing against him, thought it the best way to mollifie the tumours of discontent against him, if his Defence did anticipate the Commons charge, in Order to which the 21. he made an elegant and quaint Ora­tion tending to the Vindication of himself in every particular, but notwithstanding all his incantations of Rhetorique, the Com­mons stood fixt and immoveable, and that very day voted him a Traitor upon these considerations.

1. For refusing to read the Remonstrance against the Lord Is voted Trai­tor. Treasurer Weston 4o Caroli when the Parliament desi­red it.

2. For soliciting, perswading and threatning the Iudges to de­liver their opinions for levying of Shipmoney.

3. For several illegal actions in Forest matters.

4. For ill offices done in moving the King to dissolve the last Parliament, and causing his Majesties Declaration thereupon to be put forth.

The next day he was accused before the Lords, but he was Flyeth. early up, and before day gave justice the slip, withdrawing to a more habitable Region.

The dys-crasie, the distempers of our state both Ecclesiastical and Political, were eminently derived from the long dis-use of Parliaments, which are in truth the strongest ligaments of the relation Paramount betwixt King and People: for where a correspondency necessary to their joynt interest, is over-long dis-continued, there must needs be generated from that dis­acquaintance, many mis-understandings between, much diffi­dence of each other; and passions severed and not determined to publique concernments. To encounter which inconvenience, the Parliament were now modelling a Bill for a Triennial Parli­ament, and at the same time Petitions came thronging one upon the neck of another from several Counties, and one subscribed by 700. Presbyters, against the Hierarchy of Bishops; which finding a reception in the House dis-agreeable to his Majesties sense, he [Page 203] called both Houses together, Ian. 23. at which time he first minded them of their slow proceedings, and the inconveniences emerging there-from.

As first the maintaining two Armies in the Kingdom at a charge so excessive.

Next the weak condition of his Navy and Forts whereby his enemies are much encouraged, and his friends dis-heartned.

After which, he said;

I Cannot but take notice of some very The Kings Speech for Bishops. strange Petitions, given in the name of several Counties, against the present establi­shed Government of the Church, and of the great threats that Bishops shall be no better then Cyphers, if not clear done away. Now I must tell you that I make a difference be­tween Reformation and Alteration of Go­vernment: though I am for the first, I can­not give way to the latter. I will not say but that the Bishops may have over-stretched their power, and encroached upon the Tem­poral, which if you will correct, and reforme the abuse, according to the wisdome of for­mer times, so far I am with you. Nay fur­ther, if upon serious debate you shall shew me that Bishops have some temporal au­thority inconvenient to the State, and not [Page 204] so necessary to the Church for the support of Episcopacy, I shall not be unwilling to per­swade them to lay it down. Yet by this you must not understand that I can consent to the taking away their voyce in Parliament, which they have so anciently enjoyed under so many my Ancestors, even before the Conquest, and ever since, and which I conceive I am bound to maintain, as one of the fundamental institu­tions of this Kingdome.

There is another Rock I desire you to eschew, and that not in substance but in form, yet that form is so essential, that except it be reformed it will marre the substance. There is a Bill given in for frequent Parliaments, the thing I like well, that is to say, to have often Parliaments; but to give power to Sheriffes, and Constables, and I know not whom to do my Office, that I cannot yeeld unto; but to shew you that I am desirous to please you in formes which destroy not the substance, I am content you shall have an Act for this pur­pose, but so reformed that it shall never trench upon mine honor, nor on that inseparable Right of my Crown concerning Parliaments. To which purpose I have commanded my learned Counsel to wait on you, my Lords, with such Propositions as I hope will give you content. For I ingenuously confesse, that [Page 205] frequent Parliaments are the best means to per­forme a right understanding beeween me and my Subjects.

To conclude, I have now shewed you the state of my clear intentions, and the Rocks I wish you to eschew, in all which you may perceive the desire I have to give you content, as you shall finde also by those Ministers I have and do intend to imploy in my affaires, for the pursuance of my good intentions, which I doubt not will bring peace and hap­pinesse to my Subjects, to the contentment of us all.

The same day one Goodman a Jesuite being condemned at the Goodman a Priest reprie­ved. Sessions at London, was reprieved by the King; whereupon Mr. Glyn was sent with a message to the Nobles, to request their conjunction with them in a Petition to his Majesty, to be infor­med who should dare to be instrumental in the retarding of Justice in the face of a Parliament: which being assented to by the Lords, the King by the Lord Privy Seal, Ian. 25. signifyed the cause to be, in regard he was found guilty, as being a Priest, upon which score only, neither his Father, nor Q. Elizabeth ever exercised the rigour of the Law. This answer gave slender sa­tisfaction to the Commons, so that another conference Ian. 27. was had with the Lords, from which resulted a Remonstrance to his Majesty to this effect.

That, considering the state and condition of this Remonstrance against Good­man the Priest. present time, they conceive the Law to be more neces­sary to be put in strict execution, then at any time before.

First, because by divers Petitions from several parts of this Kingdome, complaints are made of the great in­crease of Popery and Superstition, and the People call earnestly to have the Lawes against Recusants put in execution.

[Page 206] Secondly, Priests and Iesuites swarm in great number in the Kingdome, and appear here with such bold­nesse and confidence, as if there were no Lawes against them.

Thirdly, it appeareth to the House that of late years, about the City of London Priests and Iesuites have been discharged out of Prison, many of them being condemned of high Treason.

Fourthly, the Parliament is credibly informed that at this present the Pope hath a Nuncio, or Agent resident in the City, and they have just cause to believe it to be true.

Fifthly, the Papists as publiquely, and with as much confidence and importunity resort to Masse at Denmark house, St. James, and the Ambassadors Chappel, as others do to their Parochial Churches.

Sixtly, there is found already so bad consequence of this Priest John Goodman his reprieve, that the City of London being solicited by the Parliament for their assistance in the advancement of money for the supply of his Majesties Army, have absolutely denyed the same, for that very reason, which may become an ill Precedent in the levying of the Subsidies.

Lastly, It is found that this Goodman hath been twice before committed, and discharged, and was somewhile a Minister in the Church of Eng­land.

Therefore they humbly desire the said John Good­man may be left to the Iustice of the Law.

To this Remonstrance the King Feb. 3. replyed.

That it was against his mind that Popery The Kings Answer. or Superstition should any way encrease within this Kingdome, that he will restrain the same by causing the Lawes to be put in execution.

[Page 207] That he is resolved to provide against Ie­suites and Papists by setting forth a Proclama­tion speedily, commanding them to depart the Kingdom within one month, of which if they fail, or shall return, then they shall be proceeded against according to Law.

Concerning the Popes Nuncio (Rosetti) he hath no Commission, but only to retain correspon­dency between the Queen and the Pope, in things requisite for the exercise of her Religion, which is warranted to her by the Articles of marriage, which gave her a full liberty of consci­ence; yet he hath perswaded her, that since the misunderstanding of that Persons condition gives offence, she will within a time convenient re­move him.

Moreover, he will take special care to restrain his Subjects from resorting to Masse at Denmark house, St. James's, and the Chappels of Am­bassadors.

Lastly, concerning Goodman, because he will avoid the inconvenience of giving so great discontent to his People, as his mercy may produce, therefore he doth remit his particular case to both Houses. But he desired them to take into their considerations, the inconveniences that may upon this occasion fall upon his Sub­jects, and other Protestants abroad, especially since it may seem to other States to be a se­verity.

[Page 208] The Scots Army having possest such ample and five moneths quarters in this Kingdome, it may seem a wonder that all this while their affaires have not been assigned agreeable quarters in this Narration, especially perpending and considering the grand complication of interests, and how relative our highest concernments were to their present posture. A preterition, an omission, studiously and deliberatively resolved upon; a compart­ment distinct and by it self, best sorting with such transactions, where the series of the story is not enterlined nor disturbed with matters independent, and of a different kind. I shall therefore summarily collect all those severall parcels of by-past occurrences, which had reference to them, not forgetting the true temporalities wherein they did emerge.

What passed at the Treaty at Rippon hath been already mentioned, which only produced a respite, a cessation of Hostility; a plenary Pacification it could not effect: this was reserved for a Treaty at London to form; in order to whith the King Nov. the 23. issued forth a Commission to the former Lords, the Earls of Bedford, Hartford, Essex, Salisbury, Warwick, Bristow, Hol­land and Berkshire; to the Lords Wharton, Paget, Kimbolton, Brook, Paulet, Howard of Estrick, Savil and Dunsmore, to any ten or more of them, to treat with the Scotish Commissioners, or any seven of them being the Earls of Rothes, and Dunfermling, Iohn Lord Lowden, Sir Patrick Hepburn, Sir William Douglas, William Drummond, Iohn Smith Bailiff of Edenburgh, Alexander Wedderburn, Hugh Kennedy, Alexander Henderson, and Archibald Iohnston to take into consideration their Demands and compose all differences arising thereupon, in persuance of which Commission these particulars were demanded and assented to.

The Scotish Commissioners demanded,

First, that his Majesty would be gratiously pleased to com­mand, that the Acts of the late Parliament may be published in 1. Demand. his Highnesse name, as our Soveraigne Lord, with consent of the Estates of Parliament convened by his Majesties au­thority.

To this it is answered, and agreed 30. Decembris 1640. That forasmuch as the Kings Majesty at the humble desire of his Answer. Subjects, did call and convene a Parliament to be holden at Edenburgh, the 2. of Iune 1640. wherein certain Acts were made, and agreed upon, which Acts his Majesty is pleased to publish in his own name with the consent of the Estates, and therefore commands that the said Acts bearing date the 2. day of [Page 209] Iune 1640. be published with the Acts to be made in the next Session of the same Parliament, and that all the said Acts, as well of the precedent, as of the next Session to be holden, have in all time coming the strength of Lawes, and to be obeyed by all the Subjects of the Kingdome of Scotland.

Secondly, that the Castle of Edenburgh, and other strengths 2. Demand. of the Kingdome should with the advice of the Estates of Parlia­ment, according to their first foundation, be furnished and used for defence and security of the Kingdome.

It is agreed unto. Answer.

Thirdly, that Scotishmen within his Majesties Dominions of 3. Demand. England and Ireland, may be freed from censure for subscri­bing the Covenant, and be no more pressed with Oathes and subscriptions unwarranted by their Lawes, and contrary to their National Oath, and Covenant approved by his Majesty.

It is agreed Decemb. the 8. 1640. that all those, who in his Majesties Dominions of England and Ireland have been impriso­ned Answer. or censured any way for subscribing of the Covenant, or for refusing to take any other Oath contrary to the same, shall be freed of these censures and shall be fully restored to their Liber­ties, Estates and Possessions; And for time coming that the Subjects of Scotland, as Subjects of Scotland, shall not be con­strained to any Oath contrary to the Lawes of that Kingdome, and the Religion there established; But such of the Kingdome of Scotland as shall transport themselves into the Kingdome of England or Ireland, and there be setled Inhabitants, either by way of having inheritance or freehold, or by way of setled Trades, shall be subject to the Lawes of England or Ireland, and to the Oathes established by the Lawes and Acts of Parliament in the said Kingdomes respectively, wherein they live. And the English and Irish shall have the like privilege in Scotland.

Fourthly, that his Majesty would be pleased to declare, that who­soever shall be found, upon Tryal and Examination by the Estates 4. Demand, of either of the two Parliaments, (they judging against the persons subject to their own authority) to have been the Authors and Causers of the late and present Troubles, and Combustions, whether by labouring to make and foment Division betwixt the King and his People, or betwixt the two Nations, or any other way; shall be liable to Censure of the said Parliaments re­spectively.

[Page 210] It is answered Decemb. the 11. 1640. That his Majesty be­lieveth he hath none such about him; therefore, concerning that point, he can make no other Declaration then that he is just, and that all his Courts of Justice are to be free and open to all men. Our Answer. Parliament in this Kingdome is now sitting, and the current Par­liament of Scotland, neer approaching the time of their meeting; In either of which Respectivè, he doth not prohibite the E­states to proceed in trying and judging of whatsoever his Subjects.

And whereas it was further demanded that none after the sentence of the Parliament should have accesse to his Majesty, or be maintained or enjoy places, or offices, and have credit or au­thority to inform or advise his Majesty.

It is declared in his Majesties name, Decemb. the 30. 1640. That he will not imploy any Person or Persons in Office or Place, that shall be judged incapable by sentence of Parliament. Nor will he make use of their service without the consent of Parlia­ment, nor grant them accesse to his Person.

Fiftly, that their Ships, and Goods, and all damages thereof may be restored. 5. Demand.

It is agreed Ian. the 7. 1640. That all ships taken and stayed should be reciprocally restored on both sides. And that Answer. the Scotish Commissioners having informed that about eighty ships of Scotland are yet stayed in the Ports, and are like to suffer much losse if they shall not be delivered into some hands who may have care of them. It is agreed that warrants shall be presently granted for delivery of all their Ships. And that four thousand pounds be presently advanced, for Cauking, Sailes, Cor­dage and other necessaries, for helping the present setting forth of the said Ships.

Sixtly, they desire from the justice and the kindnesse of the Kingdome of England, Reparation concerning the losses which 6. Demand. the Kingdome of Scotland hath sustained, and the vast char­ges they have been put unto by occasion of the late troubles.

In this Demand some did note in the Scots a tincture of oblivion, if not of ingratitude, for the service England did them in what they call their first Reformation, towards which work our Nation was so auxiliary, so assistant, yet at the end brought them in no Bill of Charges. It was also noted that they en­titled these demands to Iustice, which some interpreted to imply that they came hither upon the invitation of eminent persons of [Page 211] this Nation; it was supposed, and very like, of Pym, and Hambden. And though these Demands were not definitive nor terminated in any particular sum, yet did they compute their Losses and ex­pences to 514000. l. a formidable and prodigious sum, more then ever was granted by the Subject to any King at once. This De­mand took up long debate in the House of Commons, and at last Feb. the 3 this answer was returned.

That this House thinks fit that a friendly assistance, and re­lief shall be given towards supply of the losses of the Scots, and Answer. that the Parliament did declare that they did conceive that the sum of three hundred thousand pounds is a fit proportion for the friendly assistance and relief formerly thought fit to be given towards supply of the losses and necessities of their BRETHREN of Scotland, and that the House would in due time take into con­sideration the manner how, and the time when, the same shall bee raised.

Seventhly, that as his Majesty hath approved the Acts of the late Parliament, wherein all such Declarations, Proclamations, Books, 7. Demand. Libels and Pamphlets that have been made, written and published a­gainst his Loyal and dutiful Subjects of Scotland, are recalled, and ordered to be suppressed: So his Majesty may be pleased to give order that the same may be suppressed, recalled and forbidden in England and Ireland; and that the Loyalty, integrity and faith­fulnesse of his Majesties subjects of Scotland, towards his Majesties royal Person and Government may at the closing of this treaty of Peace, and at the time of Publique Thanks-giving for the same, be made known in all places and all Parish Churches of his Majesties Dominions.

It is agreed upon the 10. of February 1640. That all De­claratons, Proclamations, Acts, Books, Libels and Pamphlets Answer. that have been made and published against the Loyalty and du­rifulnesse of his Majesties Subjects of Scotland, shall be recalled, suppressed and forbidden in England and Ireland. And that this be reciprocal in Scotland, if any such have been made or published there in prejudice of his Majesties honour. And this upon diligent enquiry to be done by the Authority of Parliament next sitting in Scotland, of which the Commissioners of Scotland do promise to have an especial care. And we do also agree, that when it shall please Almighty God to grant an happy close of this Treaty of Peace, the Loyalty of his Majesties Subjects of Scotland shall be made known at the time of publique Thanks-giving, in all places, and particularly in the Parish Churches of his Majesties Dominions.

[Page 212] That all Monuments, Tokens and shewes of Hostility upon the borders of the two Kingdomes may be taken away. That not only the Garrisons of Barwick and Carlile may be removed, but that the works may be slighted and the Places dismantled. 8. Demand.

To this Demand, being offered but the 12. of this month, no answer was as yet returned.

Unhappy Counsels have of late put the King out of possession of his Subjects affections, resolved he was no opportunity should Suggestions. escape him which might promove his re-endeerement with them; upon which inducement being lately solicited by the Dutch Am­bassadors for a match between William the young Prince of Orange and the Lady Mary his daughter, and he inclined to entertain it, yet A match pro­pounded be­twixt the Lady Mary and Prince of Orange. would he not make any conclusion therein, untill he had assumed the Parliament as Partners in his consultations, whereupon Feb. 10. he thus imparted his mind to the Lords.

My Lords,

That freedome and confidence which I The Kings Speech to the Lords about it. expressed at the beginning of this Parliament, to have of your love and fidelity towards my Person and Estate, hath made me at this time come hither to acquaint you with that Alli­ance and Confederacy which I intend to make with the Prince of Orange, and the States, which before this time I did not think expedient to do, because that part which I do desire your advice and assistance upon, was not ready to be treated on. I will not trouble you with a long digression, by shew­ing the steps of this Treaty, but leave you to be satisfied in that by those who under me do manage that affair. Only I shall shew [Page 213] you the reasons which have induced me to it, and in which I expect your assistance and counsel. The Considerations that have in­duced me to it are these.

First, the matter of Religion, here needs no dispensation, no fear that my Daughters conscience may be any way perverted.

Secondly, I do esteem that a strict Alli­ance and Confederacy with the States will be as usefull to this Kingdome, as that with any of my Neighbours, especially conside­ring their affinity, neighbour-hood and way of their strength.

And lastly, (which I must never forget in these occasions) the use I may make of this Alliance towards the establishing of my Sister and Nephewes.

Now to shew you in what I desire your assistance, you must know that the Articles of Marriage are in a manner concluded, but not to be totally ratified untill that of Alliance be ended, and agreed, which before I demanded your assistance, I did not think fit to enter upon. And that I may not leave you too much at large how to begin that Councel, I present you here the Propositions which are offered by me to the States Ambassa­dours for that intent. And so my Lords I shall only desire you to make as much expe­dition [Page 214] in your Councels, as so great a business shall require, and shall leave your Lordships to your own free debate.

No one proposition of his Majesty, since the first sitting of this Parliament, was so generally passant in both Houses as this, none received with greater alacrity, none embraced with so clear a vote, and which was a wonder, in a moment of so many jealou­sies, no fear of a plot upon either our Liberties or Religion: but the truth is, those feares now resulted from another party, the Ro­mish Catholiques, and by rumours of their plots, the Kingdome was almost perpetually allarm'd, so as

The next day four Members of the House of Commons Plots of the papists. were sent up to the Lords with a message, importing the disco­very of a great designe in hand by the Papists, as an Army of 15000. in Lancashire, and 8000. in Ireland, with many thousands in other places well armed, and in pay, raised by the Earl of Straf­ford, Earl of Worcester and others.

Feb. 13. Sir Robert Berkly was accused by a motion of the Com­mons Judge Berkly impeacht of high Treason. of high Treason, and by the Usher of the black Rod taken the next day from his seat in the Kings Bench, and carryed away under the notion of his prisoner.

The Bill for the Triennial Parliaments having past both Houses was animated with the Royall assent Feb. the 16. his Majesty The King passeth the Bill for the Triēni­al Parliament. minding the Parliament of the grandure of this Grace, and what he expected in way of gratitude from them, in these words.

My Lords,

And you the Knights, Citizens, and Burgesses of the House of Commons; you His Speech concerning it. may remember when both Houses were with me at the Banqueting house at White­hall, I did declare unto you two Rocks I wished you to shun, this is the one of them, and of that consequence that I think never Bill passed here in this House of more favor to the Subject then this is: And if the other [Page 215] Rock be as happily past over, as this shall be at this time; I do not know what you can aske, for ought I can see at this time, that I can make any question to yeeld unto. Therefore I mention this to shew unto you the sense I have of this Bill, and the Ob­ligation, as I may say, that you have to me for it; for hitherto (to speak freely) I had no great encouragement to do it.

If I should look to the outward face of your actions, or proceedings, and not to the inward intentions of your hearts, I might make question of doing it.

Hitherto you have gone on in that which concernes your selves to amend, and not in those things that meerly concern the strength of this Kingdome, neither for the State nor mine own particular.

This I mention, not to reproch you, but to shew you the state of things as they are, you have taken the Government all in pieces, and I may say it is almost off the Hinges. A skil­full Watch-maker to cleanse his Watch will take it a sunder, and when it is put toge­ther it will go better, so that he leaves not out one pin of it.

Now as I have done all this on my part, you know what to do on yours; and I hope you shall see clearly that I have performed [Page 216] really what I expressed to you at the begin­ning of this Parliament, of the great trust I have of your affections to me; and this is the great expression of trust, that before you do any thing for me, I do put such a confidence in you.

At the same time he signed also the Bill of Subsidies, both which Acts were so pleasing to the Parliament, that upon a con­ference between both Houses it was unanimously agreed to wait upon his Majesty at White-hall, and by the Lord Keeper (Sir Ed­ward Littleton) to return him their humble thanks. And that night Bonefires and other tokens of joy were made in the City by order of the Parliament.

February the 26. the Archbishops charge compounded of 14. The Arch­bishop accused of high Tre­son. Articles was preferred in the Lords House by Mr. Pym, where­upon he was ordered to the Tower, but upon his humble sute to the Lords, his Commitment thither was respited untill March the first.

But these proceedings against him did not give plenary satis­faction to all, most cryed aloud for a Reformation in the Hierarchy it self, many would detrench from them their secular power, and votes in Parliament, nay some were male-content unlesse the hole order were eradicated; and this was now vehemently pressed by the City Petition, now under consideration of the Committee: a mighty debate there was about this time in the House of Com­mons upon this Subject, and no arguments omitted which might officiate to either end; amongst the rest Episcopacy had not a faster friend, nor the City Petition a stouter Antagonist, then the Lord Digby, who spake for the one and against the other no man to better purpose, and summarily thus.

That he looked not upon that Petition, as a Petition The Lord Dig­bie [...] Speech for Episcopacy. from the City of London, but from he knew not what 15000. Londoners all that could be got to subscribe. That therein he discovered a mixture of things Contem­ptible, Irrational, and Presumptuous.

Contemptible. Did ever any man think that the fables of Ovid, or Tom Coriats newes, should by 15000. [Page 217] have been presented to a Parliament as a motive for the extirpation of Bishops; For the scandal of the Rocket, the Lawn-sleeves, the four-cornered Cap, the Cope, the Surplice, the Hood, the Canonical Coat, &c. may passe passe as arguments of the same weight. He did not know whether it were more preposterous to infer the extirpati­on of Bishops from such weak arguments, or to attribute, as they do, to Church Government all the civil grievan­ces. Not a Patent, not a Monopoly, not the price of a Commodity raised, but these men make Bishops the cause of it.

Irrational. A Petition ought to be like a kind of syllo­gism, the Conclusion, the Prayer, ought to hold propor­tion with the Premisses, that is, with the Complaints, and to be deduced from them: but in this Petition there was a multitude of Allegations, of Instances, of Abuses, and depravations in Church Government; and what is thence inferred? Let the use be utterly abolished for the abuses sake. For the moveables sake to take away the solid good of a thing; is just as reasonable, as to root up a good tree, because there is a Canker in the Branches.

Presumptuous. What greater boldnesse can there be then for Petitioners to prescribe to a Parliament what and how it should do? for a multitude to teach a Parliament what is, and what is not, the Government according to Gods word? Again, it is high presumpti­on to Petition point-blank against a Government in force by Law: the honour of former Acts must be upheld, because all the reverence we expect from future times to our own Acts, depends upon our supporting the dignity of former Parliaments.

He said, We all agree that a reformation of Church Government is most necessary: But to strike at the root he can never give his vote before three things were cleared to him.

[Page 218] First, That no rule, no boundaries can be set to Bishops able to restrain them from such exorbi­tances.

Secondly, Such a frame of Government must be laid before us, as no time, no corruption, can make li­able to inconveniences proportionable with those we abolish.

Thirdly, Whether the new model is practicable in the State and consistent with Monarchy.

For the first, he was confident a Triennial Parlia­ment would be a curbe sufficient to order them.

For the second, he was also confident that if we did listen to those who would extirpate Episcopacy, we should in state of every Bishop we put down in a Diocesse, set up a Pope in every Parish.

For the last, he was of opinion that it would be un­safe for Monarchy, for if the Presbyterian Assemblies should succeed, they would assume a power to excommu­nicate Kings, as well as other men. And if Kings came once to be excommunicated, men are not like to care much what becomes of them.

In conclusion, though Episcopacy kept her essentials still, yet was she much mutilated in her former glory. The House of Commons voting March the 10. That no Bishop shall have any vote in Parliament, nor any judicial power in the Star-chamber, nor bear any sway in Temporal affaires, and that no Clergy man shall be in Commission of the Peace.

I am now tending apace to the Earl of Straffords Tryal, in order and relative to which, it will be necessary to premise what antecedently occurred.

The Commons having preferred their Accusation against him, as I said before, a formal charge disposed into Articles was The Charge a­gainst the Earl of Strafford is given in. next of course to follow. These at first they digested into 7. heads, which consisting only of generals, were after distributed into 28. particulars; and Ian. the 30. presented by Mr. Pym to the Peers, as their compleat charge against the Earl: who being immediately sent for, and having heard it read, he desired three months day to answer; the reason of this desire was after signi­fyed [Page 219] to the Commons to be, in regard some of the Treasons were of 14. years standing, and could not on the suddain be answered: Again as his Charge was long, so his Answer must be commen­surate, the rough draught whereof being 200. sheets of paper, it could not be engrossed so soon as was desired. Neverthelesse the Commons ply'd the Lords with such incessant applications, as he was enforced to finish, and exhibit it to the Lords Feb. the 24. when it was read in the Kings audience; and in the House of Commons the next day after.

The Earls Answer being given in, there ensued several questi­ons, And his An­swer. which were the subjects of great debate between the Lords and Commons.

First, Concerning the allowance of Councel. The Commons alledging that in cases of high Treason Councel cannot regularly be allowed; which the Lords said was true in pleading matters of fact, not in matters of Law. This was in some sort granted at length by the lower House.

Secondly, Concerning the place of Tryal, the Lords desiring it might be in their own House, but the Commons opposed it, be­cause they intended to manage their accusation by members of their own House in the presence of their whole House; to which purpose the Lords House was thought too little, whereupon Westminster-hall was agreed upon.

Lastly, The Commons were moved to declare in what quality they would sit, whether as a full House with their Speaker, or as a Committee only; to which they replyed, that they inten­ded to come in the body of their House, which the Lords not assenting to, they at last yeelded to come as a Com­mittee.

As Westminster-hall was the place, so Munday the 22. of Westminster-hall appointed for his Tryal. March was the first day prefixt of the Earles compearing. Never was there in this Isle a scene of Justice more magnificent reared for any Subject, yea when even Majesty her self received a like sentence from that place, her Trial was nothing so majestique. Scaffolds were erected on either side of the Hall, there the Com­mons sat uncovered, and in the middest of the lower ascent the Peers; behind, but raised above them, there was placed a Chair and Cloth of State for the King, on either side whereof was a close Gallery for the King, Queen and Prince to be private, sutable to the ancient mode.

The Bishops were excluded by ancient Canon Lawes of the Concil. Tol [...]. 4. c. 30. & unde­cim. c. 6. Councels of Toledo to be assistant in causes of Bloud or Death, as dis-agreeable to their function, who officiate so much towards the unbloudy sacrifice, as also to ballance the strictnesse of their Hoc agit in Ec­clesia Excom­municatio quod Interfectio. Aug. own interdict, which prohibs Lay-men a vote with them in the Act of Excommunication; this being a Spiritual slaughter, as the [Page 220] other a Corporal. Upon which consideration they absented them­selves.

The Earl of Arundel was Lord High Steward, and the Earl of Lindsey Lord High Constable. The Earl of Strafford being brought to the Bar, the Lord High Steward declared to him, that he was called thither to answer to the impeachment of High Treason pre­ferred against him by the Commons of England and Ire­land. Then his Accusation was read, and next his Answer to it, in which most part of that day being spent, the Court arose.

The next day he being brought again to the Bar, the House of Commons began with the first 7. General Articles, declaring how he had subverted the Fundamentall Lawes of England and Ireland; this particular was managed by Mr. Pym; next there was a Paper produced sealed, which being opened and read, ap­peared to be sent from the Parliament in Ireland, declaring that the Commons there had voted the Earl guilty of High Treason, whereat the Earl much astonisht and transported with passion said, There was a Conspiracy against him to take away his life. The words were no sooner out of his mouth, then the House of Com­mons (who stood diligent Sentinels to watch every syllable he spake) required Justice against him, because he standing im­peacht of High Treason, accused the Parliaments of two King­domes of a conspiracy against him; whereupon he humbly craved pardon for the inconsideratenesse of the expression, protesting se­riously he did not thereby intend either Parliament, but some par­ticular persons.

Then Mr. Pym moved that whereas there was a discovery made of three Articles more to be annexed to his charge, he might presently be commanded to reply to them; to which the Lieutenant answered, that the Processe being closed, he hoped he should not be ordered to answer any adventitious and unexpected charge without more convenient time assigned. But upon consideration of the Articles, the Lords finding them to be of no great importance, he was urged to a present reply. The Articles were;

First, That he had withdrawn 24000. l. (some copies have 40000. l.) sterling from the Exchequer in New Articles against the Earl. Ireland, and converted to his own use.

Secondly, That in the beginning of his Government the Garrisons of Ireland had been maintained by the Eng­lish Treasury.

[Page 221] Thirdly, That he had advanced Popish and Infamous persons, as the Bishop of Waterford, and others to the prime Roomes in the Church of Ire­land.

To the first he said, That England was indebted The Earls Answer. to Ireland that sum, and that he took up the money upon his own Credit, and paid it in again, and that he had the Kings authority for the same, producing his Majesties Letter.

To the second, That the Garrisons had been burdensome to England in former Deputies times; that he so found them, but that he had so improved the Kings Revenues there, as they were not onerous at all to England.

To the last, That he never preferred any but such whom he conceived to be conscientious and honest men; that he could not prophecy of mens future conditions; and for the Bishop of Waterford he hath satisfied the Law.

This dayes encounter between the Parliament and Earl seemed a dispute only at wasters, these generals being not impreg­ned with any deadly quality.

The next day March the 24. they fell to sharpe, that is to enforce the Particular Articles, in order as they were dispo­sed, which in regard they were the formal principles of the Earles Tragique end, I reserved for this place, wherein I shall so represent them, as the Reader may (as in the same Table) at once behold the Commons Charge and the Earls Defence run lateral and in pale each with other, omitting such as not being urged, signified nothing.

The further Impeachment of Thomas Earl of Strafford by the Commons assembled in PARLIAMENT.
The First Article was not insisted upon.

II.

That shortly after the obtai­ning of a Commission dated the 21. of March, in the 8. year of his now Majesties reign (to wit) the last day of August then next following, he the said Earl (to bring his Majesties liege people into a dislike of his Majesty and of his Government, and to ter­rifie the Justices of the Peace from executing of the Lawes; he, the said Earl, being then Pre­sident of the Kings Councel in the Northern parts of England, and a Justice of Peace) did pub­likely at the Assises held for the County of York in the City of York, in and upon the said last day of August, declare and pub­lish before the people there at­tending for the administration of Justice according to the Law, and in the presence of the Justi­ces sitting, that some of the Iusti­ces were all for Law, but they should finde that the Kings little finger should be heavier then the loynes of the Law.

Testified by Sir David Fowles and others.

The Earles Reply.

That Sir David Fowles was his profest enemy, that his words were clearly inverted, that his expression was, That the little finger of the Law (if not moderated by the Kings gracious clemency) was heavier then the Kings loynes. That these were his words, he verify'd; First, by the occasion of them, they being spoken to some whom the Kings favour had then enlarged from Imprisonment at York, as a mo­tive to their thankfulnesse to his Majesty. Secondly, by Sir William Penniman a Mem­ber of the House, who was then present, and heard the words. Which Sir William declaring to be true: the House of Commons required Iustice of the Lords a­gainst him, because he had voted the Articles as a Member of the House; whereupon Sir Wil­liam wept.

III.

That the Realm of Ireland having been time out of minde March 25. 1641. [Page 223] annexed to the Imperial Crown of this his Majesties Realm of England, and governed by the same Lawes: the said Earl be­ing Lord Deputy of that Realm, to bring his Majesties liege peo­ple of that Kingdome likewise into dislike of his Majesties go­vernment, and intending the subversion of the fundamental Laws and setled Government of that Realm, and the distraction of his Majesties liege people, there did upon the 30. day of September, in the ninth year of his now Majesties reign, in the City of Dublin (the chief City of that Kingdome, where his Majesties Privie Counsel, and Courts of Justice do ordinarily reside, and whither the Nobility and Gentry of that Realm do usually resort for Justice) in a publick Speech before divers of the Nobility and Gentry, and before the Maior, Aldermen, and Recorder, and many Citizens of Dublin, and other his Majesties liege people, declare and publish, that Ireland was a conquered Na­tion, and that the King might do with them what he pleased; and speaking of the Charters of the former Kings of England made to that City, he further said, that their Charters were nothing worth, and did binde the King no further then he pleased.

Testifyed by the Earl of Cork and two other Lords.

The Earls Reply.

That if he had been over li­beral of his tongue for want of [Page 223] discretion, yet could not his Ann. Christi 1641. words amount to Treason, un­lesse they had been revealed within 14. dayes as he was in­formed. As to the Charge he said, True it is, he said Ireland was a conquered Nation, which no man can deny; and that the King is the Law-giver, in mat­ters not determined by Acts of Parliament, he conceived all Loyal Subjects would grant.

IV.

That Richard Earl of Cork having sued out process in course of Law for recovery of his pos­sessions, [Page 224] from which he was put by colour of an order made by the said Earl of Strafford, and the Councel Table of the said Realm of Ireland. The said Earl of Strafford upon a paper Petition without legall procee­dings, did the 20, day of Febru­ary, in the 11. year of his now Majesties reign, threaten the said Earl of Corke (being then a Peer of the said Realm) to imprison him, unlesse he would surcease his suit, and said, That he would have neither Law nor Lawyers dispute or question any of his or­ders. And the 20. day of March, in the said 11. year the said Earl of Strafford speaking of an order of the said Councel Table of that Realm, made in the time of King Iames, which concerned a Lease which the said Earl of Corke claimed in certain Recto­ries or tithes which the said Earl of Corke alleaged to be of no force, said, That he would make the said Earl and all Ireland know, so long as he had the Go­vernment there, any act of State, there made, or to be made, should be as binding to the subjects of that Kingdome, as an Act of Parlia­ment: And did question the said Earl of Cork in the Castle Chā ­ber, upon pretence of breach of the said order of Councel ta­ble, and did sundry other times, and upon sundry other occasi­ons, by his words and speeches arrogate to himself a power a­bove the fundamental Laws, and established government of that Kingdome, and scorned the said Lawes and established Govern­ment.

The Earls Reply.

It were hard measure for a March 27. man to lose his honour, and his life, for an hasty word, or be­cause [Page 224] he is no wiser then God hath made him. As for the words, he confessed them to be true, and thought he said no more then what became him, considering how much his Ma­sters honour was concerned in him, that if a proportionable obedience was not as well due to Acts of State, as to Acts of Parliament, in vain did Coun­cels sit. And that he had done no more then what former De­puties had done, and then what was agreeable to his Instructi­ons for the Councel Table, which he produced. And that if those words were Treason, they should have been revealed within 14. dayes.

V.

That according to such his Declarations and Speeches, the said Earl of Strafford did use and exercise a power above, and a­gainst, and to the subversion of the fundamental Lawes, and stablished Government of the said Realm of Ireland, extending such his power to the goods, free-holds, inheritances, liberties and lives of his Majesties Sub­jects of the said Realm, viz. The said Earl of Strafford the 12. day of Decemb. Anno Dom. 1635. in the time of full peace, did in the said Realm of Ireland, give and procure to be given against the Lord Mount-Norris (then and yet a Peer of Ireland, and then Vice-treasurer and receiver general of the Realm of Ireland, and one of the principal Secreta­ries of State, and Keeper of the Privy Signet of the said King­dome) a sentence of death by a Councel of War called together by the said Earl of Strafford, without any warrant or authori­ty of Law, or offence deserving any such punishment. And he the said Earl did also at Dublin within the said Realm of Ireland, in the moneth of March in the 14. year of his Majesties Reign, without any legall or due proceedings or tryall, give or cause to be given, a sentence of death against one other of his Majesties subjects, whose name is yet unknown, and caused him to be put to death in execution of the said sentence.

The Earls reply.

That there was then a stan­ding March 28. Army in Ireland, and Ar­mies cannot be governed but by Martial Law: that it hath been put in constant practise with former Deputies, that had the sentence been unjustly given by him, the crime could amount but to Felony at most, for which he hoped he might as well expect pardon from his Majesty as the Lord Conway and Sir Iacob Astley had for doing the like in the late Northern Army.

That he neither gave sentence, nor procured it against the Lord Mount-Norris, but only desired justice against the Lord for some affront done to him as he was Deputy of Ireland.

That the said Lord was judg­ed by a Councel of Warre, wherein he sat bare all the time, and gave no suffrage against him; that also to evidence him­self a party, he caused his bro­ther Sir George Wentworth, in re­gard of the neerenesse of bloud, to decline all acting in the pro­cesse.

Lastly, though the Lord Mount-Norris justly deserved to die, yet he obtained his pardon from the King.

VI.

That the said Earl of Strafford without any legal proceedings, March 30. and upon a paper Petition of Richard Rolstone, did cause the said Lord Mount-Norris to be disseised and put out of possessi­on of his free-hold and inheri­tance of his Mannor and Tymore in the County of Armagh, in the Kingdome of Ireland, the said Lord Mount-Norris having been two years before in quiet possession thereof.

The Earls Reply.

That he conceived the Lord Mount-Norris was legally dive­sted of his possessions, there being a suite long depending in Chan­cery, and the Plaintiff complai­ning of delay, he upon the Complainants Petition called unto him the Master of the Rolles, Lord Chancellor, and Lord Chief Iustice of the Com­mon pleas, and upon proofs in Chancery decreed for the Plain­tiff. Wherein he said he did no more, then what other Deputies had done before him.

VII.

That the said Earl of Straf­ford, in the Terme of Holy Trinity, in the 13. year of his now Majesties reign, did cause a case commonly called the case of Tenures upon defective titles, to be made and drawn up with­out any jury or tryal, or other legal processe, and without the consent of parties, and did then procure the Judges of the said Realm of Ireland to deliver their opinions and resolutions to that case, and by colour of such opinions, did without any legal proceeding, cause Thomas Lord Dillon, a Peer of the said Realm of Ireland, to be put out of po [...]ession of divers Lands and Tenements, being his free­hold in the County of Mago and Rosecomen, in the said King­dome, and divers others of his Majesties subjects to be also put out of possession, and diseised [Page 227] of their free-hold by colour of the same resolution, without legal proceedings, wherby many hundreds of his Majesties sub­jects were undone, and their fa­milies uterly ruined.

The Earls Reply.

That the Lord Dillon with others producing his Patent ac­cording to a Proclamation on the behalf of his Majesty, the said Patent was questionable, upon which a case was drawn and argued by Councel, and the Judges delivered their opinions. But the Lord Dillon or any o­ther, was not bound thereby, nor put out of their possessions, but might have traverst the of­fice, or otherwise have legally proceeded, notwithstanding the said opinion.

VIII.

That the said Earl of Strafford upon a Petition exhibited in October, 1635. by Thomas Hib­bots against dame Mary Hibbots widow, to him the said Earl of Strafford, recommended the said Petition to the Councel Table of Ireland, where the most part of the Councel gave their vote and opinion for the said Lady, but the said Earl finding fault herewith, caused an order to be entred against the said Lady, and threatned her, that if she refused to submit thereunto, he would imprison her, and fine her five hundred pound; that if she conti­nued obstinate, he would continue her imprisonment, and double her fine every month by month, whereof she was enforced to re­linquish her estate in the Land questioned in the said Petition, which shortly was conveyed to Sir Robert Meredeth, to the use of the said Earl of Straf­ford.

And the said Earl in like man­ner did imprison divers others of his Majesties subjects upon pre­tence of disobedience to his or­ders and decrees, and other ille­gal commands by him made for pretended debts, titles of Lands, and other causes in an arbitrary [Page 228] and extrajudicial course, upon Paper Petitions to him prefer­red, and no other cause legally depending.

The Earls Reply.

That true it is he had voted March 31. against the Lady Hibbots, and thought he had reason so to do, the said Lady being discovered, by fraud and circumvention, to have bargained for Lands of a great value, for a small sum. And he denied that the said Lands were after sold to his use, or that the major part of the Councel Board voted for the Lady; the contrary appearing by the sentence under the hand of the Clerk of the Councel: which being true, he might well threaten her with Cōmitment in case she disobeyed the said order. Lastly, were it true that he were criminal therein, yet were the offence but a misdemeanour, no treason.

IX.

That the said Earl of Strafford the 16. day of Feb. in the 12. April 1. year of his now Majesties reign, assuming to himself a power above and against Law, took upon him by a general Warrant under his hand, to give power to the Lord Bishop of Down, and Connor his Chancellor, or Chan­cellors, and their several Officers thereto to be appointed, to at­tatch and Arrest the Bodies of all such of the meaner and poor­er sort, who after citation should either refuse to appear before them, or appearing should omit, or deny to performe, or undergo all lawful decrees, sentences, and orders issued, imposed or given out against them, and them to commit and keep in the next Gaole untill they should either performe such sentences, or put in sufficient Bail to shew some reason before the Councel Table, of such their contempt and neglect, and the said Earl, the day and year last mentioned, signed and issued a Warrant to that effect, and made the like Warrant to send all other Bishops and their Chancellors in the said Realm of Ireland to the same effect.

The Earls Reply.

That such Writs had been usually granted by former De­puties to Bishops in Ireland; neverthelesse, being not fully sa­tisfyed with the convenience thereof, he was sparing in gran­ting of them, untill being infor­med that divers in the Dio­cesse of Down were somewhat refractary, he granted Warrants to that Bishop, and hearing of some disorders in the execution, he called them in again.

X.

That the said Earl of Strafford being Lord Lieutenant, or De­puty April 2. of Ireland, procured the [Page 229] Customes of the Merchandise ex­ported out, and imported into that Realm to be farmed to his own use.

And in the ninth year of his now Majesties Reign, he having then interest in the said Cu­stomes (to advance his own gain and lucre) did cause and procure the native commodities of Ire­land, to be rated in the book of Rates for the Customes (ac­cording to which the Customes were usually gathered) at far greater values and prices, then in truth they were worth; (that is to say) every hide at 20. shillings, which in truth was worth but five shillings, every stone of Wooll at thirteen shil­lings fourpence, though the same ordinarily were worth but five shillings, at the utmost but nine shillings; by which means the Custome which before was but a twentyeth part of the true value of the commodity, was inhanced sometimes to a fifth part, and sometimes to a fourth, sometimes to a third part of the true value, to the great oppressi­on of the subjects, and decay of Merchandise.

The Earls reply.

That his Interest in the Cu­stomes of Ireland accrued to him by the assignation of a Lease [Page 229] from the Duchesse of Bucking­ham: that the book of Rates, by which the Customes were gathered, was the same which was established by the Lord De­puty Faulkland, Anno 1628. some years before he was im­ployed thither. That as he hath been just and faithful to his Ma­ster the King, by encreasing his Revenue; so hath he also much bettered the Trade, and shipping of that Kingdome.

XI.

That the said Earl, in the ninth year of his now Majesties Reign, did by his own will and pleasure, and for his own lucre restrain the exportation of the commodities of that Kingdome without his licence, as namely Pipe-staves, and other commo­dities, and then raised great [Page 230] sums of money for licensing of exportation of those commodi­ties, and dispensation of the said restraints imposed on them, by which means the Pipe-staves were raised from four pound ten shillings, or five pound per thousand, to ten pound, and sometimes eleven pound per thousand: and other commodities were inhanced in the like pro­portion, and by the same means by him the said Earl.

The Earles Reply.

That Pipe-staves were prohi­ted in King Iames his time, and not exported but by licence, pay­ing 6 s. 8 d. a thousand, and that he had not raised so much there­by to himself, as his predecessors had done for such licences.

XII.

That the said Earl being Lord Deputy of Ireland, on the ninth day of Ian. in the thirteenth year of his Majesties Reign, did then under colour to regulate the importation of Tobacco into the said Realm of Ireland, issue a Proclamation in his Majesties name, prohibiting the importa­tion of Tobacco without licence of him and the Councell, there­from and after the first day of May, Anno Dom. 1638. After which restraint, the said Earl, notwithstanding the said re­straint, caused divers great quantities of Tobacco to be im­ported to his own use, and fraighted divers ships with To­bacco, which he imported to his own use: and that if any ship brought Tobacco into any Port there, the said Earl and his Agents used to buy the same to his own use, at their own price. And if that the owners refused to let him have the same at under values, then they were not per­mitted to vent the same; by which undue means the said Earl ha­ving [Page 231] gotten the whole Trade of Tobacco into his own hands, he sold it at great and excessive pri­ces, such as he list to impose for his own profit.

And the more to assure the said Monopoly of Tobacco, he the said Earl on the 23. day of Feb. in the 13. year aforesaid, did issue another Proclamation; commanding that none should put to sale any Tobacco by whole-sale, from and after the last day of May, then next fol­lowing, but what should be made up into Rols, and the same sealed with two seales by himself ap­pointed, one at each end of the Roll. And such as was not sealed to be seised, appointing six pence the pound for a reward to such persons as should seise the same: and the persons in whose custody the unsealed To­bacco should be found to be committed to Gaole: which last Proclamation was covered by a pretence of the restraining of the sale of unwholesome Tobac­co, but it was truely to advance the said Monopoly.

Which Proclamation the said Earl did rigorously put in exe­cution, by seising the goods, fining, imprisoning, whipping, and putting the offenders against the same Proclamation on the pillory, as namely, Barnaby Hub­bard, Edward Covena, Iohn Tumen, and divers others: and made the Officers of State, and Justices of Peace, and other Of­ficers to serve him in compassing and executing these unjust and undue courses. By which cruel­ties [Page 232] and unjust Monopolies, the said Earl raised 100000. pounds per annum gain to himself. And yet the said Earl, though he in­hanced the Customes, where it concerned the Merchants in ge­neral, yet drew down the impost formerly taken on Tobacco, from six pence the pound to three pence the pound, it being for his own profit so to do. And the said Earl, by the same, and other rigorous and undue means raised severall other Monopo­lies and unlawfull exactions for his own gain, viz. on Starch, Iron pots, Glasses, Tobacco pipes, and several other com­modities.

The Earls Reply.

That before his time the King had but 10. or 20. l. per annum for that Custome, which now yeelded 20000. l. For the Proclamation, it was not set out by his means principally, or for his private benefit, but by con­sent of the whole Councell. The prices of Tobacco not exceeding two shillings the pound. And this he conceives cannot be made treason, were all the Ar­ticle granted, but only a Mono­poly, for which he was to be fined.

XIII.

That Flax being one of the principal and native Commodi­ties April 3. of that Kingdom of Ireland, the said Earl having gotten great quantities thereof into his hands, and growing on his own Lands, did issue out several Pro­clamations, viz. one dated the one and twentieth day of May, in the eleventh of his Majesties reign, and the other dated the one and thirtieth of Ianuary, in the same year, thereby prescri­bing and enjoyning the working of Flax into Yarne and Thread, and the ordering of the same in such wayes, wherein the Natives of that Kingdome were unpra­ctised and unskilful: which Pro­clamations so issued, were, by his Commands and Warrants to his Majesties Justices of Peace, and other Officers, and by other rigorous means, put in [Page 233] execution, and the Flax wrought or ordered in other manner then as the said Proclamation prescri­bed, was seised and employed to the use of him and his agents, and thereby the said Earl ende­voured to gain, and did gain in effect the sole sale of that native commodity.

The XIV. Article was not urged.

The Earls reply.

That he did endevour to ad­vance the manufacture of lin­nen, rather then of woollen, be­cause the last would be the grea­ter detriment to England. That the Primate of Ireland, the Archbishop of Dublin, Chan­cellor Lofius, and the Lord Mount-Norris, al of the Councel, and subscribers of the Proclama­tion, were as liable to the charge as himself. That the reducing of that Nation by orders of the Councel Board to the English Customes from their more sa­vage usages, as drawing horses by their tailes, &c. had been of former practise: that the project was of so il avail to him as he was the worse for the manufacture thirty thousand pounds at least, by the loome he had set up at his own charge.

XV.

That the said Earl of Strafford trayterously and wickedly devi­sed and contrived by force of Armes in a warlike manner to subdue the Subjects of the said Realm of Ireland, to bring them under his tyrannical power and will, and in pursuance of his wicked and trayterous purposes aforesaid, the said Earl of Straf­ford in the eighth year of his Majesties reign, did by his own authority, without any warrant or colour of Law, tax and im­pose great sums of mony upon the Towns of Baltemore, Bau­denbridge, Talowe, and divers o­ther Townes and places in the said Realm of Ireland, and did cause the same to be levied upon the Inhabitants of those Townes by troopes of Souldiers, with force and armes, in a warlike manner. And on the ninth day of March, in the twelfth year of his now Majesties raigne, tray­terously did give authority unto Robert Savill a Serjeant at armes, and to the Captains of the companies of souldiers, in severall parts of that Realm, to [Page 234] send such numbers of Souldiers to l [...]e on the Lands and Houses of such as would not conforme to his orders, untill they should render obedience to his said orders and warrants, and after such submission (and not before) the said Souldiers to return to their Garrisons. And did also issue the like warrants unto di­vers others, which warrants were in warlike manner, with force and Armes put in execution accordingly, and by such war­like means did force divers of his Majesties subjects of that Realm to submit themselves to his unlawful commands.

And in the said twelfth year of his Majesties reign, the said Earl of Strafford did trayte­rously cause certain troops of horse and foot, armed in warlike manner, and in warlike array, with force and armes, to expell Richard Butler from the possessi­on of Castle-cumber, in the Terri­tory of Idough, in the said realm of Ireland, and did likewise and in like warlike manner, expell divers of his Majesties Subjects from their houses, families, and possessions, as namely Edward Brenman, Owen Oberman, Pa­trick Oberman, Sir Cyprian Hors­field, and divers others, to the number of about a hundred fa­milies, and took and imprisoned them and their wives, and car­ried them prisoners to Dublin, and there detained them untill they did yeeld up, surrender, or release their respective estates and rights.

[Page 235] And the said Earl, in like warlike manner, hath, during his government of the said Kingdom of Ireland, subdued divers others of his Majesties Subjects ease to his wil, and thereby and by the means aforesaid, hath levied War within the said Realm, against his Majesty and his liege people of that Kingdome.

Testifyed by Serjant Savil.

The Earls Reply.

That nothing hath been more ordinary in Ireland, then for the Governours to put all manner of sentences in execution by the help of souldiers, that Grandison, Falkland, Chichester, and other Deputies frequently did it. [Sir Arthur Teningham to this point deposed, that in Falklands time he knew 20. Soudiers assessed upon one man, for refusing to pay sixteen shillings] That his in­structions for executing his Commission, were the same with those formerly given to the Lord Falkland, and that in both there is expresse warrant for it. That no testimony produced a­gainst him doth evidently prove he gave any warrant to that ef­fect, and that Serjant Savill shewed only the Copy of a war­rant, not the Original it self, which he conceived could not make faith in case of life and death in that high Court, espe­cially it being not averred upon Oath to agree with the Origi­nal, which should be upon re­cord. That he conceived he was for an Irish custome to [Page 234] be tryed by the Peers of that Kingdome.

This Article pincht the Earl so close, as notwithstanding his Answer, the Commons thought the evidence so strong against him, and were so confident that the fact was Treason, as they were very desirous to proceed to vote upon that very point; but the Lords withdrawing, returned answer that they could not agree to it, but desired them to go on to the remaining Articles.

XVI.

That the said Earl of Straf­ford, the two and twentieth of February, in the seventh year of his now Majesties reign, inten­ding to oppresse the said Sub­jects of Ireland, did make a proposition, and obtained from his Majesty an allowance, that no complaint of injustice or op­pression done in Ireland, should be received in England against any, unlesse it first appeared that the party made first his ad­dresse to him the said Earl: and the said Earl having by such usurped tyrannical and exorbi­tant power, expressed in the for­mer Articles, destroyed the Peers and other subjects of that King­dome of Ireland, in their lives, consciences, land, liberties, and estates, the said Earl to the in­tent the better to maintain and [Page 236] strengthen his power, and to bring the people into a disaf­ection of his Majesty as afore­said, did use his Majesties name in the execution of his said pow­er. And to prevent the subjects of that Realm of all means of complaints to his Majesty, and of redresse against him and his agents, did issue a Proclamation bearing date the seventeenth day of September, in the eleventh year of his Majesties reign, thereby commanding all the Nobility, undertakers and o­thers, who held estates and offi­ces in the said Kingdome (ex­cept such as were employed in his Majesties service, or attending in England by his special com­mand) to make their personal re­sidence in the said Kingdome of Ireland, and not to depart thence without licence of him­self. And the said Earl hath since issued other Proclamations to the same purpose, by means whereof the subjects of the said Realm are restrained from seek­ing relief against the oppressions of the said Earl without his licence: which Proclamation the said Earl hath by several rigo­rous wayes, as by fine, impri­sonment, and otherwise, put in execution on his Majesties sub­jects, as namely, one — Parry, and others, who came over only to complain of the ex­orbitances and oppressions of the said Earl.

Testifyed by the Earl of Des­mond, the Lord Roch, Marcatte [...], and Parry.

[Page 237] The XVII. and XVIII. Articles were not insisted up­on.

The Earls Reply.

That the Deputy Falkland April 5. had set out the same Proclama­tion. That the same restraint was contained in the Statute of 25. of Hen. 6. upon which the Pro­clamation was founded. That he had the Kings expresse war­rant for the Proclamation. That he had also power to do it by the Commission granted him, and that the Lords of the Councel and three Justices not only yeel­ded, but pressed him unto it. That it was done upon just cause, for, had the Ports been open, divers would have taken liberty to go to Spain, to Doway, Rhemes, or St. Omers, which might have proved of mischievous conse­quence to the State. That the Earl of D' Esmond stood, at the time of his restraint, charged with Treason before the Coun­cel [Page 236] of Ireland, for practising a­gainst the life of one Sir Valen­tine Coke. That the Lord Roch was then a prisoner for debt in the Castle of Dublin, and there­fore incapable of a licence. That Parry was not fined for coming over without licence, but for several contempts against the Councel-board in Ireland, and that in his sentence he had but only a casting voice, as the Lord Keeper in the Star-chamber.

XIX.

That the said Earl having taxed and levied the said im­positions, and raised the said Monopolies, and committed the said oppressions in his Majesties name, and as by his Majesties Royal command, he the said Earl in May the fifteenth year of his Majesties reign, did of his own authority contrive and frame a new and unusual oath, by the purport whereof, among many other things, the party taking the said oath, was to swear that he should not protest against any of his Majesties Royal commands, but submit themselves in all obedience thereunto. Which oath he so contrived to enforce the same on the subjects of the Scottish Nation inhabiting in Ireland, and out of a hatred to the said Nation, and to put them to a discontent with his Majestie and his government there, and compelled divers of his Maje­sties said subjects there to take the said oath; some he grievously fined and imprisoned, and others he destroyed and exiled, and namely, the 10. of October, Ann. Dom. 1639. he fined Henry Steward and his wife, who re­fused to take the said oath, five thousand pounds a peece, and their two daughters and Iames Gray three thousand pounds a peece, and imprisoned them for [Page 238] not paying the said fines. The said Henry Stewards wife and daughters, and Iames Gray, being the Kings liege people of the Scotish Nation, and divers o­thers he used in the like manner; and the said Earl upon that oc­casion did declare, that the said oath did not only oblige them in point of allegiance to his Ma­jesty, and acknowledgement of his supremacy only, but to the Ceremonies and Government of the Church established, or to be established by his Majesties royal Authority; and said, that the refusers to obey, he would prosecute to the bloud.

The Earls Reply.

That the Oath was not vio­lently enjoyned by him upon the Irish Scots, but framed in com­pliance with their own expresse Petition, which Petition is owned in the Proclamation, as the main impulsive to it. That the same Oath not long after was pre­scribed by the Councel of Eng­land. That he had a letter un­der his Majesties own hand, ordering it to be prescribed as a touch-stone of their fidelity. As to the greatnesse of the fine imposed upon Steward, and o­thers, he conceived it was not more then the heinousnesse of their offence deserved; yet had they petitioned, and submitted the next day, that would wholly have been remitted.

XX.

That the said Earl in the 15. and 16. years of his Majesties reign, and divers years past, laboured and endevoured to be­get in his Majestie an ill opinion of his Subjects, namely those of the Scotish Nation, and divers and sundry times, and especially since the pacificat on made by his Majesty with his said subjects of Scotland in summer, in the 15. year of his Majesties reign; he the said Earl did labour & endevour to perswade, incite, and provoke his Majesty to an offensive war against his said subjects of the Scotish Nation: and the said Earl, by his counsell, actions, and endevours, hath been and is a chief incendiary of the war and discord between his Majesty and his Subjects of England, and the said Subjects of Scot­land, and hath declared, and advised his Majesty, that the demand made by the Scots in [Page 239] this Parliament were a suffici­ent cause of war against them The said Earl having formerly expressed the height and rancor of his minde towards his subjects of the Scotish Nation, viz. the tenth day of October, in the fif­teenth year of his Majesties reign, he said that the Nation of the Scots were Rebels, and Traytors; and he being then about to come to England, he then further said, that if it plea­sed his Master (meaning his Ma jesty) to send him back again, he would root out of the said King­dome (meaning the Kingdome of Ireland) the Scotish Nation both root and branch: Some Lords, and others who had ta­ken the said oath in the precedent Article only excepted. And the said Earl hath caused divers of the said Ships and goods of the Scots to be stayed, seised, and molested, to the intent to set on the said War.

The XXI. and XXII. Ar­ticles were not urged.

The Earls Reply.

That he called all the Scotish Nation Traitors and Rebels, no one proof is produced, and though he is hasty in speech, yet was he never so defective of reason, as to speak so like a mad man: for he knew well his Ma­jesty was a native of that King­dome, and was confident many of that Nation were of as he­roique Spirits, and as faithful and loyal subjects as any the King had. As to the other words of rooting out the Scots both Root and Branch, he conceives a short reply may serve, they being proved by a single testimony only, which can make no suffi­cient faith in case of life. Again, the witnesse was very much mistaken, if not worse, for he de­poseth that these words were spoken the tenth day of October in Ireland, whereas he was able [Page 239] to evidence, he was at that time in England, and had been so neer a month before.

XXIII.

That upon the thirteenth day of April last, the Parliament of England met, and the Com­mons House (then being the representative Body of all the Commons in the Kingdom) did according to the trust reposed in them, enter into debate and con­sideration of the great grievan­ces of this Kingdome, both in respect of Religion, and the publick Libertie of the King­dome; and his Majesty referring [Page 240] chiefly to the said Earl of Straf­ford, and the Archbishop of Canterbury, the ordering and disposing of all matters concer­ning the Parliament: He the said Earl of Strafford, with the assistance of the said Archbishop did procure his Majesty, by sun­dry speeches and messages, to urge the said Commons house to enter into some resolution for his Majestics supply, for mainte­nance of his war against his Subjects of Scotland, before any course was taken for the relief of the great and pressing grievan­ces, wherewith this Kingdome was then afflicted. Whereupon, a demand was then made from his Majesty, of twelve Subsidies, for the release of Ship-money only; and while the said Com­mons then assembled (with ex­pressions of great affection to his Majesty and his service) were in debate and consideration of some supply, before resolution by them made, He the said Earl of Strafford, with the help and assistance of the said Arch­bishop, did procure his Majesty to dissolve the last Parliament, upon the fifth day of May last: and upon the same day, the said Earl of Strafford did treache­rously, falsely, and maliciously endevour to incense his Majesty against his loving and faithfull Subjects, who had been mem­bers of the said House of Com­mons, by telling his Majesty, they had denied to supply him. And afterward upon the same, did treacherously and wickedly counsel and advise his Majesty to this effect, viz. That having [Page 141] tryed the affections of his people, he was loose and absolved from all Rules of government, and was to do every thing that power would admit, and that his Majesty had tryed all wayes, and was refused, and should be ac­quitted both of God and man, and that he had an Army in Ireland (meaning the Army above men­tioned, consisting of Papists, his dependents, as is aforesaid) which he might imploy to reduce this Kingdome to obedience.

The XIV. Article not urged.

The Earles Reply.

That he was not the princi­pal cause of dissolving the last Parliament, for before he came to the Councel Table, it was voted by the Lords to demand 12. Subsidies, and that Sir Henry Vane was ordered to demand no lesse; but he coming in the in terim, he perswaded the Lords to vote it again, declaring to his Majesty (then present) and them the danger of the breach of the Parliament: whereupon it was [Page 240] again voted, that if the Parlia­ment would not grant twelve Subsidies, Sir Henry should de­scend to eight, and rather then fail, to six. But Sir Henry not observing his instructions, de­manded twelve only, without a­batement, or going lower; that the height of this demand, urged the Parliament to deny, and their denial moved his Majesty to dissolve the Parliament, so that the chief occasion of the breach thereof, was, as he con­ceived, Sir Henry Vane. He confesseth that at the Councel Table he advised the King to an offensive war against the Scots; But it was not untill all fair means to prevent a war had been first attempted. Again, others were as much for a defen­sive war, and it might be as free to vote one, as the other. Lastly, votes at a Councel-board are but bare opinions; and opinions, if pertinaciously maintained, may make an Heretique, but never can a Traitor.

XV.

That not long after the disso­lution of the said last Parliament (viz. In the months of May and Iune) he the said Earl of Straf­ford did advise the King to go on rigorously in levying of the Ship-money, and did procure the Sheriffes of several Counties to be sent for, for not levying the Ship-money, divers of which were threatned by him to be sued in the Star-chamber; and afterwards by his advice were sued in the Star-chamber, for not levying the same; and divers of his Majesties loving subjects were sent for and imprisoned by his advice, about that and other illegall payments.

And a great loan of a hundred thousand pounds was demanded of the City of London, and the Lord Maior and the Aldermen and the Sheriffes of the said City, were often sent for by his [Page 242] advice to the Councel Table, to give an account of their pro­ceedings in raising of Ship-mo­ney, and furthering of that loan, and were required to certifie the names of such Inhabitants of the said City as were fit to lend, which they with much humility refusing to do, he the said Earl of Strafford did use these or the like speeches: viz. That they deser­ved to be put to Fine and Ransom, and that no good would be done with them, till an example were made of them, and that they were laid by the heels, and some of the Aldermen hanged up.

The Earls reply.

That there was a present ne­cessity for money, that all the Councel-board had voted with, yea before, him. That there was then a sentence in the Star-chamber upon the opinion of all the Judges, for the legality of the Tax of Shipmoney, and he thought he might advise the King to take, what the Judges had declared was by law his own. He confessed that upon refusal of so just a service, the better to quicken the Citizens to the payment of Shipmoney, he said, they deserved to be fined. Which words might per­haps be incircumspectly delive­red, but he conceives cannot a­mount to treason, especially when no ill consequence follow­ed upon them; and it would ren­der men in a sad condition, if for every hasty word, or opini­on given in Councel, they should [Page 242] be sentenced as Traitors. But that he said it were well for the Kings service, if some of the Al­dermen were hanged up, he utterly denieth. Nor is it proved by any, but Alderman Garway, who is at best but a single testi­mony, and therefore no suffici­ent evidence in case of life.

XXVI.

That the said Earl of Straf­ford by his wicked counsel ha­ving brought his Majesty into excessive charges without any just cause, he did in the month of Iuly last (for the support of the said great charges) counsel and approve two dangerous and wicked Projects: viz.

To seise upon the Bullion and the Money in the Mint.

And to imbase his Majesties Coin with the mixtures of Brasse.

And accordingly he procured one hundred and thirty thou­sand pounds, which was then in the Mint, and belonging to di­vers Merchants, strangers and others, to be seised on and stayed to his Majesties use. And when divers Merchants of London, owners of the said Bullion, came [Page 243] to his house to let him under­stand the great mischief that course would produce here, and in other parts, what prejudice it would be to the Kingdome, by discrediting the Mint, and hin­dring the importation of Bulli­on: he the said Earl told them, that the City of London dealt undutifully and unthankfully with his Majesty, and that they were more ready to help the Rebel, then to help his Majesty: and that if any hurt came to them, they might thank them­selves: and that it was the course of other Princes, to make use of such monies to serve their occa­sions.

And when in the same month of Iuly the Officers of his Ma­jesties Mint came to him, and gave him divers reasons against the imbasing of the said money, he told them that the French King did use to send Commissa­ries of Horse with Commission to search into mens estates, and to peruse their accompts, that so they may know what to levie of them by force, which they did accordingly levie: and tur­ning to the Lord Cottington then present, said, That this was a point worthy his Lordships con­sideration.

The Earls reply.

That he expected some proofs to evidence the two first parti­culars, but hears of none. For the following words, he confes­sed, probably they might escape the door of his lips. Nor did he think it much amisse, con­sidering their present posture, to call that faction Rebels. As for the last words objected a­gainst him in that Article, he said that being in conference with some of the Londoners, there came to his hands at that instant a letter from the Earl of Leicester, then at Paris, wherein were the Gazets inclosed, rela­ting that the Cardinal had given order to levie money by Souldi­ers. This he only told the Lord Cottington standing by, but made not the least application thereof to the English affaires.

XXVII.

That in or about the month of August last he was made Lieutenant general of all his Majesties forces in the Nor­thern parts against the Scots, and being at York did in the [Page 244] month of September by his own authority, and without any law­full warrant, imposed a Tax on his Majesties subjects in the County of York, of 8. d. per diem, for maintenance of every Souldier of the Trained-bands of that County, which sums of money he caused to be levyed by force. And to the end to compel his Majesties subjects out of fear and terrour to yeeld to the payment of the same. He did declare that he would com­mit them that refused the pay­ment thereof, and the Souldiers should be satisfied out of their estates; and they that refused it, were in very little better condi­tion then of high Treason.

The Earls Reply.

That his Majesty coming to York, it was thought necessary, in regard the enemy was upon the borders, to keep the Trained­bands on foot for defence of the County: and therefore [Page 244] the King directed him to write to the Freeholders in Yorkshire, to declare what they would do for their own defence; that they freely offered a months pay, nor did any man grudge against it. Again it was twice propoun­ded to the great Councel of Peers at York, that the King ap­proved it as a just and neces­sary Act, and none of the Coun­sel contradicted it, which he con­ceived seemed a tacit allowance of it. That though his Majesty had not given him special order therein, nor the Gentry had de­sired it, yet he conceived he had power enough to impose that Tax by virtue of his Commis­sion. But he never said that the refusers should be guilty of little lesse then high Treason, which being proved by Sir Willi­am Ingram, he was but a single testimony, and one who had for­merly mistaken himself in what he had deposed.

XXVIII.

That in the months of Sep­tember and October last, he the said Earl of Strafford being certified of the Scotish Army coming in­to the Kingdome, and he the said Earl of Strafford being Lieutenant general of his Ma­jesties Army, did not provide for the defence of the Town of Newcastle as he ought to have done, but suffered the same to be lost, that so he might the more incense the English against the Scots. And for the same wicked purpose, and out of a malicious desire to ingage the [Page 245] Kingdomes of England and Scotland in a National and bloudy war, he did write to the Lord Conway the General of the horse, and under the said Earls command, that he should fight with the Scotish Army at the passage over the Tyne, what­soever should follow, notwith­standing that the said Lord Conway had formerly by Letters informed him the said Earl, that his Majesties Army then under his command, was not of force sufficient to incounter the Scots, by which advice of his, he did contrary to the duty of his place betray his Majesties Ar­my then under his command, to apparent danger and losse.

The Earls Reply.

That he admired how in the third Article he being charged as an incendiary against the Scots, is now in this Article made their confederate, by be­traying New castle into their hands. But to answer more par­ticularly he said, that there was at New-castle the 24. of August 10 or 12000. foot, and two thousand horse, under the com­mand of the Lord Conway, and Sir Iacob Astly, and that Sir Ia­cob had written to him concer­ning the Town of New-castle, that it was fortifyed, which also [Page 245] was never under his particular care, and for the passage over the River of Tyne, his Majesty sent special directions to the Lord Conway to secure it, and therefore that Lord is more (as he conceives) responsable for that miscarriage then himself.

The Earl having thus answered every particular Arti­cle against him, it was moved by the house of Commons, that if he had any thing to say further in his Defence, he should do it presently, whereupon he desired time until the next morning, which was though difficultly granted him. The next morning the Houses met, but the Lieutenant of the Tower appea­red without his prisoner, certifying that the Earl was taken with a terrible fit of the Stone that night, and continued still so ill, as he could not stir abroad without danger of his life. The Commons thought this excuse but counterfeit, meerly to pro­tract the time, but the Lords were more inclinable to credit the relation, yet an order was agreed upon between them both, that if the Earl came not the next day, they should proceed notwith­standing his dis-appearance, and that in the interim, some of the Upper House should resort to the Tower to see in what condi­tion he was. These Lords coming in the afternoon, found nature and medicamental applications had so far prevailed over his disease, as gave assurance of his ability to adven­ture forth next day without prejudice to his health; and what else should dismay him? for to every Article of his accusation he had given, as he hoped, so apposite, so full an answer, as confident he should not be found culpable within the sphear of Treason, and offences of a lower orb were beneath his trepida­tion. But (whether it was that his hope elevated to the highest [Page 246] pitch, might minister the more to the grandure of his fall, or for some other cause unknown, the Commons had kept dormant, and in reserve, their evidence of most fatal and pernicious quali­fication, which the next day April the 10. the Earl appearing at the Bar, they desired liberty to produce. Then the Earl craved New proofes offered against the Earl. the same freedome for himself, concerning some testimonies not yet exhibited on his behalf. Upon this ensued a hot contest be­twixt the two Houses, the Lords conceiving that by the com­mon dispensation of equity, the accused should have equal al­lowance to superinduct new proofs, as well as the accusers, or else that all further testimony should be waved on both sides. This sense of the Lords was so vastly differing from the mind of the Commons, as up they rose in much discontent, not so much as appointing the day of their next meeting there. So that Munday the 12. the Nobles and Commons sat in their distinct and proper Houses. In the Lower Mr. Pym produced a Copy of some notes taken by Secretary Vane, of certain opinions de­livered at the Councel Table, May the 5. 1640. being the day of the last Parliaments dissolution, the discovery said to be thus.

Secretary Vane, upon some occasion, delivered to his sonne Sir Henry Vane the Key of a Cabinet, to fetch some papers laid Secretary Vanes notes how dis­covered. therein. In this Cabinet young Sir Henry Vane finds a key of another Cabinet, which he openeth, and there accidentally lights upon these notes, who presently gives thereof an account to Mr. Pym.

This produced a conference that afternoon with the Lords, at which Mr. Pym re-minds the Peers of the Commons request on Saturday last, concerning some supplemental proofs they desired to offer in the Earl of Straffords cause; he acquainted them that the proofs related to the 23. Article, and were founded upon the Notes which he then produced, and that the Com­mons moved their Lordships to order that the Earl might be sent for the next day, to make his defence at the Bar at Westmin­ster-hall. Which being condescended to by the Nobles, and April the 13. the Earl appearing, the Notes were brought forth and read, the Title whereof was;

‘No danger of a War with Scotland, if Offen­sive, not Defensive.’

Then followed the Opinions interlocutory and by way of Dialogue.

K. C. H.
[Page 247]

How can we under­take Offensive War, if we have no more money?

L. L. IR.

Borrow of the City 100000. l. Go on rigorously to leavie Shipmoney. Your Majesty having tryed the affection of your people, you are absolved and loose from all rule of Govern­ment, and to do what Power will admit: Your Majesty have tryed all wayes, and being refu­sed shall be acquitted before God and Man; And you have an Army in Ireland that you may employ to reduce THIS King­dome to obedience, for I am confident the Scots cannot hold out five months.

L. ARCH.

You have tryed all wayes, and have alwayes been de­nied, it is now lawful to take it by force.

L. COTT.

Leagues abroad there may be made for the de­fence of the Kingdome. The lower House are weary of the King and Church. All wayes shall be just to raise money by in this inevitable necessity, and are to be used being lawful.

L. ARCH.

For an Offensive, not any Defensive War.

L. L. IR.

The Town is full of Lords, put the Commission of Array on foot, and if any of them stir, we will make them smart.

The Earls Reply.

That being a Privie Coun­sellor, he thought he might have The Notes themselves. as free a vote as another, that his opinion was no other then what he thought the present exigent required, that it were hard measure for opinions or discourses resulting from such occasions, and at such debates, to be prosecuted under the no­tion of Treason. And whereas the main dint of this accusati­on received derivation from his suggested saying, The King had an Army in Ireland which he might imploy here to reduce This Kingdome; He answereth,

First, That it is proved by the solitary testimony of one man (Secretary Vane) which is not of validity enough in Law to create faith in a matter of Debt, much lesse in point of life and death.

Secondly, That the Secreta­ries Deposition was exceeding dubious; upon two examinati­ons he could not remember any such words, and the third time his testimony was not posi­tive, but that I spake those words, or the like, and words may be very like in sound, yet differ much in sense, as in the words of my charge, here for there, and that for this, puts an end to the controversie.

Thirdly, there were present at this debate but eight Privie Counsellors in all, two where­of (the Archbishop of Canter­bury, and Secretary Windebank) are not to be produced; Sir Hen­ry [Page 148] affirmes the words, I deny them: then there remain four still to give in evidence, viz. The Marquesse Hamilton, the Earl of Northumberland, the Lord Treasurer, and the Lord Cottington; who have all de­clared upon their Honours, that they never heard me speak those words, nay nor the like.

Lastly, suppose (though I grant it not) that I spake those words, yet cannot the word This rationally imply England, be­cause the debate was concerning Scotland, as is yeelded on all hands, because England was not out of the way of obedi­ence, as the Earl of Clare well observed, and because there never was any the least intenti­on of landing the Irish Army in England, as the foresaid Lords of the Privie Councel are able to attest.

The Earl having delivered his Answer to this Additional Proof, the Lord Steward told him, that, if he had any thing to say further in his own Defence, he should proceed, because the Court desired to prepare matters for speedy Judgment, whereupon he made a summary repetition of the severall par­cels of his former Defence, which ended he continued his Speech thus.

My Lords,

THere remaines another kind of Treason that I should be guilty of, for endevouring to subvert The conclusion of the Earls Defence. the Fundamental Lawes of the Land. That this should be Treason together, that is not treason in one part; a Treason accumulative, that when all will not do it alone, being weaved up with others, it should do it, seems very strange. Under favour my Lords, I conceive there [Page 249] is neither Statute nor Common Law, which doth declare this endevouring to subvert the Fundamental Lawes of the Land to be high Treason; for I have been diligent in the inquiry, as you know it deeply concernes me, and could never discover it. It is hard to be questioned for life and honour upon a Law, that cannot be shewn; for it is a rule in Sir Edward Coke, De non appa­rentibus & non existentibus eadem est ratio. Ihesu! Where hath this fire lain hid so many hundreds of years, without smoak, to discover it, till it thus burst forth to consume me and my children? That pu­nishment should precede promulgation of a law, to be punished by a law subsequent to the Fact, is extreme hard; what man can be safe if this be admitted? My Lords, it is hard in another respect, that there should be no token set by which we should know this Offence, no admonition by which we should avoid it. If a man passe the Thames in a boat, and split himself upon an Anchor, and no Buoy be floting to discover it, he who oweth the Anchor shall make satisfaction, but if a Buoy be set there, every man passeth upon his own peril Now where is this marke, where the token upon this Crime to declare it to be high Treason? My Lords, be pleased to give that regard to the Peerage of England, as never to expose your selves to such moot-points, such constructive interpretations of Lawes. If there must be a tryal of wits, let the subject matter be of somewhat else, then the lives and honours of Peers. It will be wisdome for your selves, for your posterity, and for the whole Kingdome to cast into the fire these bloudy and mysterious volumes of constructive and arbitrary Treason, as the Primitive Christians did their Books of curious Arts, and betake your selves to the plain letten of the Law and Statute, that telleth us what is, and what is not Treason, without being more ambi­tious to be more learned in the art of Killing then our [Page 250] fore-fathers. It is now full 240. years, since any man was touched for this alleged Crime to this height before my self, let us not awaken these sleeping lyons to our destructions, by raking up a few musty Records, that have lain by the wals so many ages, forgotten or neglected. May your Lordships please not to add this to my other misfortunes; for my other fins be-slave me, not for Treason; let not a president be desired from me, so disadvantageous as this will be in the consequence to the whole Kingdome; do not through me wound the interest of the Common-wealth. And how­soever these Gentlemen say they speak for the Com­mon-wealth, yet in this particular I indeed speak for it, and shew the inconveniences and mischifes which will fall upon it. For, as it is said in the Statute 1. of Henry 4. No man will know what to do, or say, for fear of such penalties. Do not put, my Lords, such difficulties upon Ministers of State, that men of Wisedome, of Honour, of Fortune, may not with cheerfulnesse and safety be imployed for the publique; if you weigh and measure them by grains and scruples, the publique affaires of the Kingdome will lie waste, no man will meddle with them who has any thing to lose. My Lords, I have troubled you longer then I should have done, were it not for the interest of these dear pledges a Saint in heaven hath left me [At this he stopt a while offering up some tears to her ashes] What I forfeit my self is nothing, but that my in-discretion should extend to my posterity it woundeth me to the very soul. You will pardon my infirmity, something I should have added, but am not able; therefore let it passe And now my Lords for my self I have been by the blessing of almighty God taught, that the afflictions of this present life, are not to be compared to the eternal weight of glory which shall be revealed hereafter. And so [Page 251] my Lords, even so, with all tranquillity of mind, I freely submit my self to your judgement; and whether that judgment be of life, or death,

— Te Deum laudamus.

The Earl had no sooner ended then Mr. Glyn, and after him Mr. Pym undertakes him, endevouring to render his of­fences as odious as possibly they could; but their replications being fuller stuft with Rhetorical Declamations, then Logical conclusions, signifyed little as to judicial proceedings.

Matters of Fact being transacted, the Commons were next The Commons justifie their Charge by Law. engaged to just fie their charge by Law, which was a point very intricate and difficult; for his crimes were not as yet discove­red to be specifically comprehended under the letter of any Statute declaratory of Treason; nor did that Statute of 25. of Edward the third (which is the Index to all matters of Treason) directly charge him. But that Statute had a Salvo adnext to it, whereby it was provided that, because all particular Treasons could not be then defined, therefore what the Parliament should declare to be Treason in time to come, should be punished as Treason: and within the compass of this Salvo they doubted not to bring him, and to cut him off by Bill of Attainder. Hereupon the Earl moved that he might be allowed to plead by his Councel, which the Nobles thought they could not in justice deny, but the Commons being of another perswasion, would not, till after three dayes conference with the Lords about it, assent thereunto. But at length the 16. the Peers prevailed, and it was agreed that the Earl with his Councel should have liberty to come next day, and they to plead such particulars only, to which they should be restrained:

Saturday, April the 17. the Earl with his Councel appeared The Earl an­swereth by Councel. at the Bar, being Mr. Lane the Princes Atturney, Mr. Gardiner Recorder of London, Mr. Loe, Mr. Lightfoot. Mr. Lane spake first, and insisted upon the Statute 25. of Edw. 3. saying it was a Declarative Law, and such are not to be interpreted by way of consequence, equity, or construction, but by the expresse letter only. Again it was a penal Law, and such can admit of no constructions or inferences, for penalties are to enforce the keeping of known, not of conjectural and dubious Lawes. Then he came to the Salvo, and affirmed that in the sixt year of Henry the 4. a Petition was preferred in Parliament by the Nobility to have all Treason limited by Statute, that in that Parliament Chap. 10. an Act was made upon that Petition that, That Salvo [Page 252] should be holden repealed in all times to come, and that no­thing should be esteemed Treason but what was literally con­tained within the Statute 25. of Edw. 3. The Recorder said, he could add no more then what the former Councel had spoken for matter of Law, but if their Lordships would state unto him some further Questions, he was ready to give his resolution according to his best ability. Upon which motion the Lords and Commons adjourned, not profixing any time for their next meeting.

Nor was it of much import, for the Commons were resolved that day should set a totall period to the Earles defence, and next to speed their Bill of Attainder, which was debated the 19 and the Earl voted guilty of high Treason upon the evidence of Sir Henry Vane and his notes, but the final and decretory vote past not against him, till the 21 upon the reading the Bill en­grost, He is voted by the Commons guilty of high Treason. at which time they went to the Poll, and took the names of the dissenters, the total amounting to 59, whereof the Lord Digby appeared most eminent, having spake much to the dis­pleasure of the House in that particular. The Bill being passed the Lower-house, long they would not let it rest there, but that afternoon transmitted it to the Lords, who being slower paced in that concernment, were reminded of it the 24. with a desire they would nominate a time certain for the reading thereof, who returned answer, that on Munday and Tuesday next they would not fail to do [...]t. And they were as good as their words, but it seemed to them so perplext a businesse, and started so many scruples, as they were enforced to request a conference with the Commons to resolve them; whereupon the Lower-house promised that Mr. St. Iohn the Kings Solicitor should Thursday the 29. justifie the Bill by Law and give their Lord­ships an account of the reasons impelling them to that mode of proceeding; ordering also that the Earl of Strafford should then be present.

While these things were in agitation, the Parliament had addrest themselves to his Majesty in way of Petition for three things.

First, For removing of all Papists from Court. The Commons Petition a­gainst Papists.

Secondly, For dis-arming of them generally throughout the Kingdome.

Thirdly, For dis-banding the Irish Army.

To all which the King the 28 delivered answer contractly thus:

For the first, they all knew what legal trust The Kings Answer. [Page 253] the Crown hath in that particular, therefore he shall not need to say any thing to give them assu­rance that he shall use it so, as there shall be no just cause of scandal.

For the second, he is content it shall be done according to Law.

For the last, he had entred into consulta­tion about it, and found many difficulties there­in, and he doth so wish the dis-banding of all Armies, as he did conjure them speedily, and heartily to joyn with him in dis-banding those two in England.

The next day the Earl being brought to the Bar, the Bill of Attainder was read, and Mr. St. Iohn opened the several branches thereof, affirming it to be legal, by many Presidents, and Acts of Parliaments, which he quoted. What effects the Soli­citors arguments wrought, either in rendring the Earls Trea­sons more luminous and discernible, or in removing the former dysopsy and dimnesse of the Peers understanding, I am not able to say; but infallibly certain it is, they thenceforward shewed greater propensity towards the Earls condemnation, and clearly discovered it in their House the next day, whereof the King having notice thought it high time for him to interpose (lest silence should make him accessary to a fact so much condemned by his own conscience) and calling both Houses together May the 1. said,

My Lords and Gentlemen,

I had no intention to have spoken to you of this businesse to day, which is the great businesse The Kings Speech in de­fence of the Earl of Straf­ford. of the Earl of Strafford, because I would do nothing which might hinder your occasions. But now it comes to passe that I must of necessity have [Page 254] past in the judgment, I think it most necessary to declare my conscience therein.

I am sure you know I have been present at the hearing of this great cause, from one end to the other; and I must tell you that in my conscience I cannot condemne him of high Treason.

It is not fit for me to argue this businesse, I am sure you will not expect it, a positive Doctrine best becomes the mouth of a Prince, yet must I tell you three truths, which I am sure no man can tell so well as my self.

First, That I had never any intention of bringing over the Irish Army into England, nor ever was advised by any body so to do.

Secondly, That there was never any debate before me, either in publique Councel, or private Committee, of the disloyalty of my English subjects, nor ever had I any suspicion of them.

Thirdly, That I was never counselled by any to alter the least of any of the Lawes of Eng­land, much lesse to alter all the Lawes. Nay I tell you this, I thinke no body durst ever be so impudent as to move me to it. For if they bad, I should have made them such an example, and put such a marke upon them, that all posterity should know my intentions by it, they being ever to govern by the Law, and no otherwise.

I desire rightly to be understood, for though I [Page 255] tell you in my conscience I cannot condemn him of high Treason, yet cannot I clear him of mis­demeanours; therefore I hope you may find out a way to satisfie justice, and your own fears, and not oppresse my conscience.

My Lords, I hope you know what a tender conscience is, and I must declare unto you, that to satisfie my people I would do great matters; but in this of conscience, neither fear, nor any other respect whatsoever, shall ever make me goe a­gainst it.

Certainly I have not deserved so ill of this Parliament at this time, that they should presse me in this tender point, therefore I cannot suspect you will go about it. Nay I must confesse for mis-demeanours I am so clear in them, that, though I will not chalk out the way, yet I will shew you, that I think my Lord of Strafford is not fit hereafter to serve me, or the Common­wealth, in any place of trust, no not so much as a Constable Therefore I leave it to you, my Lords, to find out some such way as to bring me out of this straight, and keep your selves and the Kingdome from such inconveniences.

This Speech of his Majesty, as any other not formed of in­gredients deleterious, was ill relisht by both Houses, so that they went away in much discontent.

The next day May the 2. being Sunday, was the marriage The Prince of Orange marti­eth the Lady Mary. solemnized between the Prince of Orange (who came to London April the 20.) and the Lady Mary at White-hall, with agreeable triumph.

The late disgust taken at the Kings last Speech, was not im­manent, [Page 256] it stayed not in the Parliament, but became transient and passed to the lower Row; and when the feculent part of the body politique is once stirred, it soon flies up to the disturbance of the whole: so it fared with some tumultuous citizens May the 3. who male-content at what the King had said, came downe that mor­ning A Tumult in Westminster, cry­ing for Justice against the Earl. to Westminster, to the number of five or six thousand, most armed with Swords, demanding justice of the Lords against the Earl of Strafford, complaining also that their trade was decayed, and they like to perish for want of bread, because justice was delaied. Their special application was to the Lord Chamberlain, who went out of his Coach, and with much adoe and large pro­mises appeased their fury; neverthelesse to strike the greater ter­rour into all such as did not adhere to their party, they posted upon the gate of Westminster, a Catalogue of those whose suf­frages were for the Earles acquital, under the Title of Straf­fordians.

That day intimation was given to the House of Commons of some practises in the North to distract the English Army, and A Protestation framed by the Commons. to render the Parliament displeasing to them; to en-counter, and as a defensative against which they fell presently upon conside­ration of a Protestation: for maintenance of the true reformed Protestant Religion, expressed in the doctrine of the Church of England; The power and privileges of Parliament, and liberty of the Subject.

This Protestation being formed, was the next day read in the Lower House, and generally taken by all the members; then was it sent up to the Lords, who took it also, and an order was made for the printing and dispersing it over all England.

May the 5. there was an offer made in the House of Com­mons A Bil propoun­ded for the continuation of the Parlia­ment. by one of the Knights of Lancashire, that he would pro­cure his Majesty the loan of 650000. l. untill such time as the subsidies should be raised, if his Majesty would be pleased to passe a Bill that the Parliament might not be adjourned, pro­rogued or dissolved, without the consent of both Houses, until the general grievances of this Kingdome were redrest. This mo­tion occasioned a great debate, and seemed to be of that impor­tance, as presently order was given for a bill to be drawn up in persuance of it.

That evening the Lords sent a message to the Commons cer­tifying that they had considered, and consulted upon the Bill of Attainder, but found it the safest course to lay the same aside, because it brought the King in as Iudge, wherefore they agreed to fall upon the several Articles of his Accusation, and would the next day send them their finall resolution.

The next morning May the 6. 26. Lords of 45. then present, [Page 257] being directed by the opinion of the Judges, voted the Earl of Strafford guilty of high Treason, upon two Articles; the 15. for levying of monies in Ireland by force in a warlike manner, and upon the 19. for imposing an Oath upon the Subjects in The Earl voted by the Lords guilty of high Treason. Ireland, and gave thereof speedy information to the House of Commons, who were then exceeding busie about the Bill for the continuation of the Parliament, which the next day being compleatly voted, was sent to the Lords for their conjunction with them, withall requesting they would hasten it with all convenient speed, in regard they desired that and the Bill of Attainder might by si [...]ned together.

In this concernment the Lords needed no great stimulation of resolves, the design was plausible, no criticismes of law to be discust, no difficulties to be contended with, so that May the 8. they were in state to acquaint the Commons that they fully concurred with them in these votes also; whereupon a confe­rence ensued, at which it was resolved that some Lords should be dispatched with those Bils to his Majesty, and to request his The two Bils tendred to the King. Answer: which was accordingly done, and the King told them they should receive his Answer on Munday follow­ing.

The Sunday intervening was no Sabbath, no day of rest to Heis much per plext what an­swer to return. the King, who never found the Royal office to presse, yea so oppresse him as at this instant; infinitely was he distracted be­tween a People and a Conscience, both male-content, both equal­ly clamorous, one for mercy, the other for justice; his passion was most intense for both, please both he could not, and to dis­please either, pierced his very soul. In this anxiety, in this per­plexity The Bishops advise him to passe the Bils. of thoughts, he consults with four Bishops, desires them as Casuists to advise him what course to steer between these two great Rocks. The major part urged the opinion of the Judges, the votes of Parliament, that he was but one Man, that no other expedient could be found to appease the people, that the conse­quences of an enraged multitude would be very terrible. Upon these considerations they advised, yea partly perswaded his Majesty, though not yet fully convinced, to passe the Bill.

But the motive Paramount and superiour to all was a letter he received that very day from the Earl himself, wherein he thus concludes.

SIR,

(To set your Majesties conscience at liberty) And the Earl himself desires it. I do most humbly beseech you, for the preventing of such mischiefs as may happen by your refusal, to [Page 258] passe the Bill. By this means to remove, praised be God, I cannot say this accursed, but I confesse this unfortunate Thing forth of the way towards that blessed agreement which God (I trust) shall for ever establish betwixt you and your Subjects. Sir, my consent herein shall more acquit you to God then all the world can do besides: To a willing man there is no injury done. And as by Gods grace I forgive all the world with a calm­nesse and meeknesse of infinite contentment to my dis-lodging soul; so, Sir, I can give up the life of this world with all cheerfulnesse imaginable, in the just acknowledgement of your exceeding favours, and only beg, that in your goodnesse you would vouchsafe to cast your gratious regard upon my poor Son and his three Sisters, lesse or more, and no otherwise then their unfortunate Father shall appear more or lesse guilty of this death. God pre­serve your Majesty.

Your Majesties most humble and faithful Subject and Servant Strafford.

Munday May the 10. in the morning his Majesty signed a He yeelds most unwillingly. Commission to the Earl of Arundel, the Lord Privie Seal, the Lord Chamberlain and others for the passing of the two Bils, one for the continuation of the Parliament during the pleasure of the two Houses. The other was the Bill of Attainder against the Earl of Strafford; but this with an Utinam nescirem literas. Never any act past from him with greater reluctancy at the present, or which he bewailed afterward with greater re-morse of conscience, then the frailty of that concession. True it is, he had all the outward motives to it that could be wished, the vehement [Page 259] importunity of his Nobles, of his venerable Bishops, the opi­nion of the grave Judges, a pretended urgent necessity in order to the satisfaction of his people, yea and the Earls Petition; but what were all these while his conscience remained unsatis­fyed? Princes may, and ought to hold intelligence, to keep correspondence with their subjects, but be their advice as sound as may be, yet still must it be still Le Roy, not Le Peuple veult; the Councel may be theirs, the Command must be the Soveraignes. Minatory affronts must not subdue, nor com­pliance with their subjects perswade them to concessions repugnant to the dictates of their own consciences. It was excellently said by another Man, not by another King, That it is a bad exchange to wound a mans own conscience, thereby to salve State-sores; a maxime so infallibly true, that the first experiment we have in sacred writ of the contrary being acted by the first of Israels Kings, cost him no lesse then the losse of his Kingdome, and all upon that solitary account, because, He feared the people, and obeyed 1 Sam. 15. their voice. So fatal is it for a Prince sometimes to resigne a complacence to popular lust.

As his Majesties reflexes upon this concession, were never Censures upon his passing the Bill for the Parliaments continuation. without great regret, so many behold his passing the conco­mitant Bill, not a little destructive to his Regal interest, and consequently to his person, as without which the Parliament could not have been in state, and capacity to act what they did against him. On the other side it was argued by others; That his Majesty was not worsted, but rather a gainer by that grant. That it raised in the Subject still further assu­rance of his clear intentions to the common-good; that it pre­cluded the entertainment of sinister thoughts against him; that it impowered the Parliament only to sit during pleasure. That his denyal would have generated ill boding jealousies and turbulent animosities. That had it come to the pinch, and had his Majesty endevoured to dissolve the Assembly, pro­bably the Parliament would have disputed his power, and have asserted it as incident to the office of so great Trustees of the the Kingdome, still to continue session in times menacing the ruine of the Kingdome. Did not the late Parliament of Scotland positively declare as much, in the concernment of that Kingdome? And Scotland it is well known gave the rule to England in most of her late actions.

The Kings compliance with his people, and acting yester­day to the extremity of justice, could not alter his more na­tural disposition to Mercy, he had still a passion most vehe­ment for her, and was resolved upon all occasions to act in favour of it; hereupon he this day May the 11. wrote to the [Page 260] Lords this Letter, the bearer whereof was no meaner person then the Prince of Wales.

My Lords,

I did yesterday satisfie the Justice of the The Kings Letter in be­half of the Earl. Kingdome by passing the Bill of Attainder against the Earl of Strafford. But Mercy being as inherent and inseparable to a King, as Justice, I desire in some measure to shew that likewise, by suffering that unfortunate man to fulfill the natural course of his life in close imprisonment; yet so, that if he ever make the least offer to escape; or offer di­rectly or indirectly to meddle in any sort of publique businesse, especially with me, either by message or Letter, it shall cost him his life without further processe. This if it may be done without the discontentment of my people, will be an unspeakable contentment to me.

To which end, as in the first place, I by this Letter do earnestly desire your ap­probation, and to endear it the more, have chosen him to carry it, who is of all your House most dear unto me: So I desire that by conference you will endevour to give the House of Commons contentment likewise, assuring you that the exercise of Mercy is no more pleasing to me, then to [Page 261] see both Houses of Parliament consent, for my sake, that I should moderate the severity of the Law in so important a Case.

I will not say that your complying with me in this my intended mercy, shall make me more willing, but certainly it will make me more cheerfull in granting your just grievances. But if no lesse then his life can satisfie my people, I must say Fiat Iustitia. Thus again recommending the consideration of my intentions to you, I rest

Your unalterable And affectionate friend, Charles R.
If he must die, it were charity to reprieve him till Saturday.

[Page 262] Upon the receit of this from his Majesty, the Lords exprest themselves the same day as followeth.

May the 11. 1641.

THis Letter all written with the Kings own The Lords ex­pression conse­quent to this Letter. hand, we the Peers this day received in Parliament, delivered by the hands of the Prince. It was twice read in the House, and after serious, but sad consideration, the House resolved pre­sently to send twelve of the Peers, messengers to the King, humbly to signifie that neither of the two intentions exprest in the Letter could with duty in us, or without danger to his consort the Queen, and all the young Princes their children, be possibly admitted. Which being accomplished, and more expressions offered, His Majesty suf­fered no more words to come from us, but out of the fulnesse of his heart to the observance of Justice, and for the contentment of his people, told us, that what he intended by his Letter was with an If, If it may be done without discontent­ment to his people. If it cannot be, I say again the same that I wrote, Fiat Iustitia.

My other intention proceeding out of Charity for a few dayes respight, was upon certain information that his Estate was so distracted that it necessarily required some few dayes respite for settlement there­of.

Whereunto the Lords answered, their purpose was to be suters to his Majesty for favour to be shewed to his innocent Children, And if him­self had made any provision for them, that the same might hold. This was well pleasing to his Majesty, who hereupon departed from the Lords. [Page 263] At his Majesties departure, we offered up into his hands the Letter it self which he had sent. But he pleased to say, What I have written to you, I shall be content it be registred by you in your House. In it you see my mind, I hope you will use it to mine honour.

This upon return of the Lords from the King, was pre­sently reported to the House by the Lord Privie Seal.

Wednesday May the 12. was appointed to give the fatal pe­riod The Earl brought to the Scaffold. to the Life of this most unhappy Earl. He was conveyed from the Tower by a Court of Guard, formed of the Trained bands. Before him went the Marshals men, next the Sheriffes Officers with halber [...]s, then the Wardens of the Tower, then the Earls Gentleman Usher bare headed, and next him the Earl himself accompanied with the Primate of Armagh and others. Upon his first coming forth being to passe neer the Archbishops lodging (who stood at the window waiting for his approach) he lifted up his eyes and espying the Archbishop, made low obeisance towards him, saying withall, My Lord your prayers and your blessing. The Archbishop had scarce ability to lift up his hands and heart in the apprecation, so soon did extremity of passion; strike him into a leipothymie and swounding fit. This was thought by some an argument of too much pusillanimity in so grave a Christian; but the Archbishop said he doubted not but when his own turn came, God would so strengthen him that he should tast that bitter cup with a most Christian courage.

The Earl proceeding further, and the passage more throng­ed with people, he heard a great noise amongst the crowd, de­manding, Which is he? with that, his countenance all composed to meeknesse, off he puts his hat, and said, I am the man good people, not shewing the least emotion of mind at the Que­stion.

Being brought to the Scaffold he addrest his Speech to the Lords summarily to this effect;

My Lords,

I am come hither by the good will and His last Speech. pleasure of the Almighty, to pay that last debt [Page 264] I owe to sin. And to submit to that judge­ment which hath past against me. I do it with a very contented and quiet mind; I thanke God, I do freely forgive all the world. I thank God I can say it, and truely too, my conscience bearing me witnesse, that in all my imployment, since I had the honour to serve his Majesty, I never had any thing in the purpose of my heart, but what tended to the joynt and indi­vidual prosperity of King and People, although it hath been my ill fortune to be miscon­strued.

There is one thing I desire to free my self of, and I am confident I shall obtain your Christian charity in the belief of it. I was so far from being against Parliaments, That I did alwayes think the Parliaments of England, were the most happy constitutions that any King­dome or Nation lived under, and the best means, under God, to make the King and People happy.

For my death I here acquit all the world, and beseech the God of Heaven heartily to forgive them that contrived it, though in the intentions and purposes of my heart I am not guilty of what I die for. And it is a great comfort for me, that his Majesty conceives me not meriting so heavy a punishment as this.

I wish this Kingdome all prosperity and hap­pinesse, [Page 265] and desire every one who hears me to con­sider seriously, whether the reformation of a King­dome should be written in letters of bloud. Let me never be so unhappy, as that the least drop of my bloud should rise up in judgement against any of you But I fear you are in the wrong way.

I professe that I die a true and obedient son of the Church of England wherein I was born, and in which I was bred. Peace and prosperity be ever to it.

This said, he desired all present to assist him in his prayers, wherein he continued neer a quarter of an hour, then rising up, he bad all his friends farewel, especially by name his brother Sir George Wentworth, by whom he sent his love to his wife and blessing to his children, willing him to charge his son, never to med­dle with the Patrimony of the Church.

Then he addrest himself to the block, and having prayed a­while, he gave the Executioner the token of his preparednesse, whereat the Heads-man doing his office, severed his head from his body at the first stroke. Thus died this unhappy Earl. And to die thus, by the stroke of Justice, cannot but consign him up to posterity under some more horrid Character, yet lest that ble­mish should orespread all his fame (drawing aside the traverse) I shall (and I hope without just offence to any) represent such ex­cellences as were in him impaled with, and which might seem if not to ballance, yet somewhat alleviate his other failings.

A Gentleman he was of rare, choice and singular endowments, His Character. I mean of such as modelled, fashion'd, and accomplisht him for State concernments; of a searching and penetrating judgment, nimble apprehension, ready and fluent in all results of counsel. Most happy in the vein of speech, which was alwayes round, perspicuous and expresse; much to the advantage of his sense, and so full stockt with reason, that he might be rather said to demonstrate, then to argue. As these abilities raised him to State administration, so his addressing, his applying those abilities so faithfully in promo­tion of the Royal interest, soon rendred him a Favorite of the first admission. So that never King had a more intelligent, and withall a firmer servant then he was to his Master. But these qualities which rendred him so amiable to his Majesty, represented him formidable to the Scots, so that some who were not well per­swaded [Page 266] of the justnesse of his sentence, thought he suffered not so much for what he had done already, as for what he was like to have done, had he lived, to the dis-service of that Nation; and that he was not sacrificed so much to the Scots revenge, as to their fear. And certainly his fall was, as the first, so the most fatal wound the Kings interest ever received. His three Kingdomes not affording another Strafford, that is, one man his peer in parts and fidelity to his Majesty. He had a singular passion for the Govern­ment, and Patrimony of the Church, both which he was studious to preserve safe and sound, either opining them to be of sacred extraction, or at least prudent constitutions relating to holy per­formances. And had he wanted these positive graces, yet in so great a person, it may be commendable, that he was eminent for privative and negative excellencies, being not taxable with any vice, wl ether it was that those petty pleasures are beneath the satisfaction of a soul such as his, and of so large a stature; or that grace had put a restraint upon his appetite. In short, he was a Man who might have passed under a better notion had he lived in other times, or had he in these not played his byas another way.

Cetera defiderantur.

Errata sic Corrige.

PAg. 9. lin. 1. read bufied. ibid. l. ult. r. committed. p. 12. l. 6. r. baited. p. 17. l. 6. r. attempt. p. 28. l. 7. r. mollifyed. p. 30. l. 1. r. enformed. p. 33. l. penult. r. was as ambitious as. p. 41. l. 10. r. Villeur. p. 54. l. 37. r. cognoscible. p. 57. l. 4. r. from his own. p. 67. l. 15. r. stands. p. 71. l. 22. r. share. ibid. l. 34. r. exceeding happy. p. 79. l. 13. r. assent. p. 80. l. 21. r. detrench. p. 92. l. 4. r. cleanly. p. 93. l. 13. r. whisked. p. 96. l. 41. r. constat. p. 97. l. 4. r. three were accused of. p. 101. l. 34. r. abated. p. 109. l. 6. r of his Brothers. p. 115. l. 1. r. behold him. p. 130. l. 21. r. infested. p. 135. l. 41. r. reproach him. p. 155. l. 14. r. the next. p. 165. l. 27. r. chief. p. 183. l. 19. r. strong. p. 199. l. 13. del. of. ibid. l. 35. r. was sequestred. p. 202 l. 9. r. Mr. Crew. p. 233. 6. l. 8. r. Te­ringham. p. 245. l. 42. r. confident he was he, &c. p. 254. l. 1. r. part. p. 259. l. 7. del. still.

A Table of all the Remarkeable passages in the Book.

A.
  • ABot Archbishop is sequestred. Pag. 72. Dieth. 127. His cha­racter. ibid.
  • St. Albans Vicount his death. 64. And Character. ibid.
  • Sir Giles Allington censured in the High commission for incest. 119
  • Amboyna massacre in part revenged in Germany. 113
  • Andrewes Bishop of Ely his death and character. 64
  • Sir Robert Anstruther Ambassadour into Germany. 109, & 120.
  • Argile Earl declareth himself for the Covenanters. 156
  • Arundel Earl is imprisoned. 22. is dis­charged, 45. and confined again, 53. sent Ambassador into Cermany. 139
  • Assembly General in Scotland indi­cted. 152. their 10. Proposals, ibid. contracted into two, 153. it is dissol­ved by the King, 156. yet still con­tinueth. 161
  • Lord Audly arraigned, 115. found guilty, 117. condemned and executed, ibid. Remarke upon his crimes. 118.
B.
  • LOrd Balmerino arraigned in Scot­land, 133. Condemned and after pardoned. 134
  • Earl of Bedford and others consined, 107. he builds Coven Garden. 124
  • Sir Robert Berkly impecht of high Treason. 214.
  • Bishops affronted in Scotland, 147. They protest against the General As­sembly. 155
  • Bristow Earl accuseth the Duke of Buckingham of high treason, 29. is committed to the Tower. 53
  • Broadway arraigned and executed. 119
  • Duke of Buckingham accused of high Treason by the E. of Bristow, 29. and by the Commons, 38. is sequestred from the house of Peers, 45. His an­swer to the Impeachment, ibid. is de­signed Admiral for relief of Rochel, 89. is murthered, 90. Things remarke­able after his fall, 91. His Will, Fu­neral and Character. Ibid.
  • Sir John Burrowes slain at the Isle of Rhe. 69
C.
  • DOn Carlos de Colomas Ambas­sador from Spain, 107
  • A prodigious Cataract upon the Thames 55
  • Ceremonies of the Church, stirs about them. 137
  • King Charles his birth; p. 1. his journey into Spain, 2. and return, 3. is Proclaimed King, 6. his Speech in Parliament, 9. is Crowned, 20. De­mands supply in the second Parl. 23. [Page] Requireth satisfaction concerning Dr. Turner and Mr. Coke, 24. char­ged with imprudence, 53. vindicated, 54. and again, 61. is in want 63. raiseth money by Loan, ibid. His Speech in the third Parliament, 76. His several answers to the Petition of Right, 81. His Speech concerning Tonnage and Poundage, 85. and at the dissolution of the Parliament, 100. his Declaration thereupon, 101. His progresse into Scotland, 125. is Crowned there, 126. His letter to the Iudges about Shipmoney, 140. Yeelds to the Covenanters in Scotland, 151. his gracious Declaration to the Scots, 154. raiseth an Army, 158 goeth a­gainst the Scots, 159, & 188. His Speech in the beginning of the last Parliament, 196. His Speech for Bishops, 203. His answer concerning Goodman, 206. His Speech concer­ning the Lady Mary, 212. and con­cerning a Triennial Parliament, 214. His answer to the Commons Petition against Papists, 252. His Speech in defence of the E. of Strafford, 253. Troubled about the Bill of Attainder, 257. passeth it, 258. writes to the Lords about it, 260. and again, 262
  • Charles Prince of Wales born. 108
  • Sir Edward Coke's death. 134
  • Mr. Clement Coke's bold speech in Parliament. 24
  • The House of Commons answer to the King concerning Dr. Turner and Mr. Coke, 28. They impeach the D. of Buckingham of high Treason, 38. grant five Subsidies to the King, 77. Debate the Subjects Liberty, 78. Remonstrance against the Duke and others, 83. Their Protestation 99. a tumult in their House about it, 100. Divers Members questioned there­fore, 102, and committed, 103. A bill preferred against them in the Star-chamber, ibid. Great debates a­bout them, 107. Petition against grievances, 199. Impeach the Lord Lieutenant of Ireland of high Trea­son, ibid. they justifie their charge by Law, 251. Petition against Papists, 252. their Protestation.
  • The Convocation, Ann. 1640. sitteth after the Parliament, 184. impose a new Oath, 185. grant a Benevolence, 186. their Canons voted illegal in Parliament. 201
  • Coventry Lord Keeper dieth, 165
  • Customers questioned in Parliament, 99
D.
  • EArl of Denbigh Admiral for Re­lief of Rochel returneth re [...] ­fectâ. 87
  • Sir Dudly Diggs his Prologue a­gainst the Duke, 32. is committed, 45
  • Lord Digby his Speech for Episco­pacy. 216
E.
  • EDenburgh Castle fals down, 166. the repair whereof is hindred, 167
  • The Prince Electors son drowned, 95
  • Sir John Eliot committed, 45
  • Overtures of a match between the King of Polonia and the Lady Elizabeth, 139
  • English Ships seven, lent to France, 56
  • Episcopacy abolished in Scotland, 161
  • Earl of Essex marryeth again, 114
F.
  • [Page]FEltōn killeth the Duke of Buck­ingham, 90. is arraigned and exe­cuted. 94
  • Finch Lord Keeper vindicates his in­nocence, 202. is voted a Traitor, flyeth, ibid.
  • A fray in Fleetstreet, 72. & 106.
  • Overtures of the French alliance, 3. it is concladed, 6. a reflex upon it, 7
  • The French and English differ, 61. Conclude a Peace, 104
G.
  • GAdes Voyage, 16. Descants upon its ill successe, 17
  • Goodman a Priest reprieved, 205. Re­monstranced against, ibid.
H.
  • HAdington Earl blown up at Dunce, 189
  • Mr. Hamilton leaves the Court in discontent, 63. raiseth men for Ger­many, 112. is sent Commissioner in­to Scotland, 150. is there slighted, ibid. comes to Edenburgh, ibid. re­turnes into England, 151. and again into Scotland, 152. returneth into England, 153. and again into Scot­land, 154
  • Fight between the Hollander and Spaniard in the Downes, 163. an ac count of that action, 164
  • Iustice Howard assaulted by a Papist, 200
  • Stirs in Scotland about the Marquesse Huntly, 103.
I.
  • KIng James his death and cha­racter, 4.
  • Iesuites their nest discovered, 75. at oddes with the Seculars, 111. insolent in Ireland, 112
  • Innes of Court Mask, 129
  • Discontents in Ireland, 123. A Parlia­ment and Synod there, 132
  • Iudges their opinion about Shipmoney, 144
  • Juxon B. of London made Lord Trea­surer, 136
K.
  • THe Lord Keepers Speech concer­ning Dr. Turner and Mr. Coke, 24.
  • Kenoul L. Chancellour of Scotland di­eth, 134
  • Knighthood tax, 110
L.
  • DOctor Lamb slaine, 88 Doctor Laud made Archbishop of Canterbury, 128. vindicated, 182. His Palace beset with Prentices, 187. Voted guilty of high Treason, 202. Is impeacht by the Commons, 216
  • Earl of Leicester sent Ambassadour in­to Denmark, 122
  • Leighton a Scot censured in the Star­chamber, 110
  • Scot'sh Leiturgy stirs about it, 147
  • [Page] Loan money refused, 64
  • City of London fined for the tumult a­bout Dr. Lamb, 89. Petition against Bishops, 201
  • The House of Lords Petition in the first Parliament, 21. Differ with the Commons about the Petition of Right, 80. and about the bill of Sub­sidies, 84. their Priviledges violated, 199
  • The English Lords petition the King at York, 181
  • Lord Lowden committed to the Tow­er, 166
  • Earl of Lindsey goeth Admiral for the relief of Rochel, 92
M.
  • DR. Manwaring questioned in Parliament, 84. and censured, ibid.
  • Earl of Marlbrough displaced, 89
  • Lady Mary marrieth the Prince of Orange, 255
  • Earl of Montros deserts the Covenan­ters, 195
  • Bishop Mountague questioned in Par­liament, 11
N.
  • THe Navy sent to relief Rochel, 62
  • Noy the Atturney Generall dyeth, 131
O.
  • THe Prince of Orange marrieth the Lady Mary, 255
P.
  • THe Pacification between Eng­land and Scotland, 159
  • The Palsgrave dyeth, 122. the young Prince arriveth in England, 136. His ill suocesse in Germany, 162. is kept a Prisoner in France, 163
  • Robert Parre aged 160. years brought to London, 130
  • Parliament 1o Caroli, 9. is adjourned to Oxford, 12. Petition against Re­cusants, 13. is dissolved, 16
  • Parliament 2o Caroli, 21. dissolved, 52
  • Parliament 3o Caroli, 74. prorogued, 85. meet again, 95. is adjourned, 98. dissolved, 101
  • Parliament 16o Caroli, 182. is dissol­ved, 183. the last summoned, 192
  • Bill for a Triennial Parliament pas­sed, 214
  • Bill for continuation of the last Par­liament, 256
  • A Parliament in Scotland, 161. is prorogued, 162
  • Contribution towards the repairing of St. Pauls, 124
  • Peace between England and Spain, 110
  • Earl of Pembroke dyeth, 107. his character, 108
  • A great Pestilence and reflex upon it, 7
  • [Page] The Petition of Right, 79. great debate about it, 80
  • Popish Plots discovered, 170. & 214
  • Presbytery the rise and growth of it, 156
  • Proclamation in Scotland against tu­mults, 148, 149
  • Prynn and others censured in the Star-chamber, 145, released, ride in tri­umph into London, 200
  • The Lady Purbeck censured for incon­tinence, 72
Q.
  • THe Queens servants dismist, 57
  • The Queen Mother of France comes into England, 158
R.
  • RHE Action, 65. The English routed there, 70. the sum of our losse, 71
  • Proclamation against Recusants, 19, 94. their insolence, 19
  • Reflex upon the difference between the King and Parliament, 53
  • Religion in danger, 96
  • Peter Reuben the Spanish Agent, 104
  • Rochellers implore aid from England. 74
  • Relief is sent to it, 92. is rendred, 93
S.
  • SIr John Savils project against the Papists, 65
  • Scots ill affected to the King, 126. Plots against him, 133. the beginning of those troubles, 146. They Petition against the Leiturgy, 149. enter in­to a solemn Covenant, ibid. The Scotish Covenanters demand a ge­neral Assembly and Parliament, 151. double their guards, ibid. Protest a­gainst the Kings Declaration, 155. begin to arme, 156. Falsifie their Pa­cification, 160. send Commissioners to the King, 168. send a Letter to the King of France, ibid. enter England, 188. rout the English, ibid. Oppresse Northumberland, 192. Treat with the English Lords, 193. their de­mands, ibid. & 208. with the English Commissioners answers.
  • English Ships stayed at Bourdeaux, 60
  • Shipmoney projected by Noy, 131. the debate about it, 140. is voted a­gainst in Parliament, 201
  • Souldiers billetted in the Countrey, 73
  • The Spaniards beaten by the Hollan­der in the Downes, 164
  • The Lord Spenser his smart reply to the Earl of Bristow, 32.
  • Book of Sports on the Sabbath, 128
  • Stoadt surrendred, 88
  • Strafford, vide Wentworth.
  • King of Sweden his harsh demand from the Palisgrave, 121. is slain, ibid.
T.
  • [Page]THe Tearm adjourned to Red­ding, 19
  • Tonnage and Foundage great debate a­bout them, 84
  • Traquair Earl assaulted in Scotland, 149
  • A Tumult crying for justice against the Earl of Strafford, 256
U.
  • SIr Henry Vane Secretary: the cause of dissolving the short Par­liament, 183
  • His Notes of the Councell Table, 246
W.
  • LOrd Wentworth Deputy of Ire­land, 123. vindicated, 133. im­impeached, 199. His place of trial, ibid. Articles against him with his reply, 222, &c. New proofs a­gainst him, 246. is voted guilty by the Commons, 252. and by the Lords, 258. is brought to the Scaf­fold, 263. his speach there, ibid. Death and Character, 264
  • Weston made Lord Treasurer, 89. His handsom put off concerning the Dukes funerall, 91. his Death, 135
  • Williams Lord Keeper displaced, 20. Sentenced in the Star-chamber, 145. is enlarged, 200
  • Lord Wimbletons house burnt, 93.
  • Secretary Windebank flyeth, 200
Y.
  • JAmes Duke of Yorke borne, 129.
The end of the Table.

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