An Answer to the Lord George Digbies apology for himself published Jan 4, Anno Dom. 1642 put in the great court of equity otherwise called the court of conscience, upon the 28th of the same moneth / by Theophilus Philanax Gerusiphilus Philalethes Decius.

An Answer to the Lord George Digbies apology for himself published Jan 4, Anno Dom. 1642 put in the great court of equity otherwise called the court of conscience, upon the 28th of the same moneth / by Theophilus Philanax Gerusiphilus Philalethes Decius.

Table of contents

Title page

THE ANSVVER TO THE Lord George Digbies Apology for himself, published JAN. 4. Anno Dom. 1642.

LORD DIGBIES APOLOGY.

ANSWER.

APOLOGY.

ANSWER.

APOLOGY.

ANSWER.

APOLOGY.

ANSWER.

The Supscription of the Letter. For my Worthy friend Sir Lewes Div•s Knight• at the Earle of Bristolls house i• 〈◊〉, LONDON.

The Lord DIGBYES Letter to the Queens Majesty.

Master Ellyots Letter to the Lord DIGBY.

Observations upon the same Letters.

A Note of the Arms sent for by the KING from Amsterdam.

Postscript.

To the READER.

This passage hath reference to the Marginall note in fol. 6. at the latter end.

ERRATA.

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AN ANSWER TO The Lord George Digbies Apology for Himself; Published JAN. 4. Anno Dom. 1642.

Put into the great Court of Equity, Otherwise called THE COURT OF CONSCIENCE, upon the 28th of the same Moneth, BY Theophilus Philanax Gerusiphilus Philalethes Decius.

Woe to the world because of offences, for it must needs be that offences come, but woe to the man by whom they come, MATTH. 18.7.

Woe to thee that spoilest and thou wast not spoiled; when thou shalt cease to spoil, thou shalt be spoiled, ISAY 33. 1.

He that leadeth into captivity shall go into captivity, he that killeth with the sword must be killed with the sword: Here is the patience and faith of the Saints, REV. 13. 10.

Neverthelesse when the son of man cometh shall he finde faith on the earth, LUKE 18. 8.

LONDON, Printed for A. R. 1642.

THE ANSVVER TO THE Lord George Digbies Apology for himself, published JAN. 4. Anno Dom. 1642.

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LORD DIGBIES APOLOGY.

IT may be wondred at, that, after well nigh a yeers groaning under the most insupportable burthen of publike displeasure, and censure, I should now consider my self so much, as, in a generall calamity, to make an Apologie to the world; or should hope, that at a time when so great clouds of jealousie, and disesteem hang over persons of the most cleer, and unblemished reputations, any thing I can say may reconcile me to those affections, which have been transported with so much violence to my prejudice. But whosoever knoweth me well, and the great trouble of minde I indured when I found my s [...]lf (by what demerit, God is my judge, I cannot guesse) fallen from that proportion of esteem with my Cou [...]try (of which I was prouder then I can be of any worldly preferment) into so [...]minent a degree of disfavour with the representative body ther [...]of (upon whose wisdom and Authority no man hath looked with more rev [...]rence, and veneration) that I was marked out as an Enemy to the Commonw [...]alth, I am sure cannot but expect from me some discovery of that sence, and that I should, at least indeavour to distinguish my misfortunes from my faults, whereby such, who are not engaged in a peremptory uncharitablenesse, may finde cause to change the Opinion they have taken upon trust of me.

Nor am I out of hope, that the experience men have since had of the times inclination to calumny, by declining of so many persons of Honour, and integrity in the popular estimation, may at the last, open a way to so much justice and ingenuity on my behalf, that all me [...] may discern in their own right, that [Page] if they shall so credulously consent, upon geeerall discourses, to sacrifice a third mans honour, and reputation, they shall open a door to let in ruine to themselves, and may quickly lose the advantage of their own innocence.

I shall begin my unfortunate story from the beginning of this Parliament; refle [...]ting no further back upon the precedent, then in a remembrance of the great comfort I then received in my Countries acceptation of my first attempts [...] in its service, at a time, as some were pleased to expresse it, when the Court was at the highest, whether to work upon mens ambitions or fears. Before that time I am sure I was as unacquainted with Action, as with Envie, having kept more company with books then with men; and being so well content with that society, that I had as little ambition, as merit to improve my condi [...]ion. To this Parliament I was sent on the b [...]half of the Country wherein I liv [...]d, and truly, if I brought any passion or affection thither with me, it was my former warmth improved against those pressures, and the persons who begot those pressures, which were grievous to the people: and against these I will without vanity say, that I brought as great a resolution to discharge my consci [...]nce, and my duty, as any man in that Assembly, and had the happinesse for some moneths, to receive that testimony. My conversation was, and I made or ind [...]avoured to make my friendships, with those, whose experience and abilities were most eminent for the publike service, and to the reputation, and authority of these men, I conf [...]sse, for a while, I gave my s [...]lf up with as much submis [...]on as a man could, without resigning the use of his own understanding. In any thing that was necessary, or but probably pretended to be necessary for the [...]ommonwealth, we never differed in the least degree; but in improvements, in [...]ll alterations, which were to be governed by prudentiall motives, we were [...]ot alwayes of one minde. And whosoever remembreth the passages of that time, must call to minde, that the first declination I sufferd from the interest I seemd to have, was in the businesse of the Church: in which, having bad frequent consultations with the chiefest agents for a Reformation, and finding [...]o thr [...]e men to agree upon what they would have in the place of that they all resolved to remove, I agreed not with the prevailing sense, [...]aving not hardi [...]esse enough [...]o incline to a mutation, which would evidently have so great an in [...]uen [...] upon the peace, pros [...]erity, and interest of the whole kingdom. And thus, from t [...]e first debate of E [...]iscopacy, upon the London Petition, all men [...] the date of my unm [...]rited favour began to expire.

ANSWER.

MY LORD,

YOur Lordships Apology published the fourth of Ianuary, hath at length found the way into the Wildern [...]sse where I dwell, and I shall hereby give your Lordship and the world an account of the effect it hath upon me, with that freedome, which becometh a most humble, but faithfull ser [...]nt of your Lordships, and a man that hath sit consideration [Page] of a thing which certainly is sufficiently understood by all men, and yet by the little regard had thereunto may seem a mystery of State; which is, that as this Kingdom remaining in that admirable constitution, wherein it hath been founded, and maintained by the wisdom of our Ancestors, cannot be happy till there be a perfect right understanding settled between the King and the Parliament; so there is little hope of our recovering such an intelligence between them, so long as those persons which are in most credit with the one, are still in least with the other, rising in their respective favours like Buckets in a Well, which hath hitherto been the peculiar infelicity of his Majesties Raign, as the contrary [...] was the felicity of that of Queen Elizabeth of glorious memory (which His Majesty and we all sigh after) and a great part of the cause thereof. If therefore we have enough of the present miseries under which we lye groaning, almost at the last gaspe; in stead of pursuing private animosities, and fomenting publick jealousies (which hath bin our work too long) the Court ought to use all possible endeavours to possesse His Majesty with a good opinion of the Parliament, and of the eminent persons in both Houses thereof, and they ought to labour as hard to bring His Majesty, and those Ministers of his, upon whom he reposeth most, and generally all other, of whose affection to his service the King believeth well, and who have ability to serve the State, into a good reputation with his Parliament and people, and every good man must put his hand, and his tongue, and his heart to this work without delay, and cry mightily, and incessantly to God for a blessing upon it; or else, in humane reason, the s [...]n of our happy dayes is going down in a dismall cloud of blood.

I shall begin to others by doing my own duty upon the occasion of your Lordships Apology, when I have first humbly prayed you to give me leave throughout to tell you plainl [...] (for this work will never be done with dawbing) how far I am satisfied therewith, and what in my poor conceit remaineth further to be done by your Lordship, that you may be firmly redintegrated in that esteem with [Page] your Countrey, which you once had in so high a degree, and I find, knew how to value at a due rate.

And truely my Lord, for ought that ever I have heard, your Lordship hath rightly observed the time of the first declination you suffered in the favour of the representative body of the Kingdom, which, so long as matters are carryed there in the open manner they have bin in your time, and mine, (for I have heard old, very old men say it hath not bin alwayes so) was to your Lordship, and will ever be to all other, an infallible indication of their proportionable declension in the good will of their Countrey. But I beseech your Lordship to excuse me for asking, whether you made this observation at that time: For if you did, I believe you will find cause to blame your self for publishing the Speech you then made touching Episcopacy in print, which I have been told is a part of the late innovation in the proceedings of Parliament from the practise of ancient times, and I doubt to no advantage of that high Senate, or of the Members thereof; the variety of whose opinions, and their reasons for them; it may be, were better kept within the walls of the respective Houses, or at least within the cognizance of wise men of their acquaintance, then made the discourse of every idle youth, silly woman, and mean fellow that can but read English; to the last of which our wise Ancestors found inconvenience in allowing so much as a voice in Elections, and I believe it cannot be shewed that any of the first sort were elected in that time, though in this latter age we have varyed from them in that point also, for considerations I understand well enough, but whether for the better or the worse, I refer me to the Testimony of two dead men of known wisdom, who, they say are the best Councellors.And truly, though much may be said in praise of Her magnanimity and dexterity to comply with Her Parliaments, and for all that, come off at last with honor and profit, yet wee must ascribe some part of the commendation to the wisdom o [...] the times, and the choice of Parliament men; For I finde not that they were at any time given to any violent, or pertinacious dispute, elections being made of grave and discr [...]et persons, not factious, and ambitious of fame, such as c [...]me not to the House with a mal [...]volent spirit of contention, but with a preparation to consult on the publike good, and rather to comply, then to contest with Her Majesty. Neither do I finde that the House was at any time weakned, and [...] pestered, with the admission of too many yong heads, as it hath been of later times; which remembers me of Recorder Marti [...]s Speech, about the tenth of our late Soveraign Lord K. Iames when there were accounts taken of forty Gentlemen not above twenty, and some not exceeding sixteen; which moved Him to say, that it was the ancient custome for old men to make Laws for yong ones; but that then he s [...] the case altered, and that there were children elected unto the great Councell of the Kingdom, which came to invade and invert Nature, and to enact Laws to govern their Fathe [...]s. Vide r [...]liqu [...]. Sir Robert Naunton his Fragm. R [...]gal. p. 9. There is a like passage in Sir Henry [...]ootens paralel between the late Duke of Buckingham, and the late Lord of Ess [...]x.

[Page]But to return to your Lordship, I pray reflect a little upon the censure of at least fifteen thousand goo [...] wo [...]en of London you then passed, by the printing of that Speech, wher [...]in you have dissected their husbands Petition with so keen a kni [...]e, and shewed your opinion of many [...]mor [...], and other diseases abounding therein, and then imagine what a report such a clamor raysed upon you in the City, would have, and I assure you had in the Country: Whereas if the noyse of that Speech had remained in the ears of them that heard it only, I am not able to apprehend why, or how the date of your before so well merited favours in that House, whereof you were then a Member, shou [...]d begin to expire thereupon. For having perused it again exactly upon this occasion, I do here make publike profession, that I could readily observe many things in it much to the prayse of your Lordships excellent wisdom, singular ingenuity, precise honesty, and of that tender care which every Parliament man ought to have of the honor of Parliaments, as well as of the weale of his Country, if I had a mind to flatter you. But I can observe very little more then nothing in it, either justly offensive or unseasonable, or any other way unfit to have bin delivered by a man of your Lordships opinion: And though I therein differ from your Lordship as much as that House hath yet declard it self to do, yet as that diversity in my judgement doth not so much as tempt me to honor your Lordship any whit the lesse, so your Lordship should wrong the Worthies of that Honourable Ass [...]mbly, if you should entertain the least suspition, that any of them might for that reason be in any measure alienated in affection from your Lordship, for this passage in that Speech of your Lordships deserveth to be written in letters of Gold; What ever be the event, I shall discharge my conscience concerning this Petition freely and uprightly, unbiast by popularity, as by Court respects; Sir I could never flatter the sense of this House (which I reverence) so farre as to suppresse a single No that my heart dictated, though I knew the venting of it might cast pr [...]judices upon m [...]; Had my fortune placed me neer a King, I could not have flattered a King,[Page]and I do not intend now to flatter a multitude. Thus your Lordship. I adde, whosoever being of a contrary judgement at any time to that, which he observeth to be the sense of the major part of that House, and having some reason, that swayeth him, which hath not been put into the Ballance by any one of the minor part that hath spoken, and yet doth notwithstanding sit still, and not rise up boldly as your Lordship did, to deliver his reason with modesty and submission, for any respect whatsoever, whosoever doth give any manner of interruption, or but the least discountenance to such a person in the discharge of his duty: And whosoever, when the question is put in any matter of such importance as this of Episcopacy, (not to say in any the least businesse whatsoever) doth either give other vote then according to his heart, or doth give none at all for any consideration whatsoever, doth as much as in him is to betray the honour of that House, and something else he ought to maintain and defend: and if he take a full view of the extent of the Protestation, perhaps will hardly find how to acquit himselfe well of a willfull breach of that voluntary vow; which is a crying sin, and such a one as God who is alwayes true of his word will surely require. So little ground is there for your Lordship to doubt (as you seem to do) that, what you spoke in the businesse of the Church touching Episcopacy upon occasion of the London-Petition, might in any measure diminish your interest in that House; though the printing of it might well have such an influence upon vulgar minds, as might be of force to turne the tide of your reputation among them.

I wish it were as well in my power to direct your Lordship to the doing of any thing that might cause a reflux of the strong curr [...] ̄t now runneth against you, so strong indeed that a man may sooner lose himself then save you, that hath the courage to attempt it, by going against the stream; yet I have so much compassion of your undeserved sufferings in this matter (except in that point of discretion I have already noted) that I am resolved to adventure my se [...], in hope your Lordship will not be wanting either to [...]r selfe or [Page] to me, in case your Lordship should chance to see me carryed down in another as violent a channell, or it may be in the same for doing my good will to help you; Which that I may do with the lesse hazard, and more hope of successe I must first give the world notice of an error of your Lordships in this matter of Episcopacy, from which all the other you have since committed in that businesse have bin derived, although I observe that as well in that Speech, as in your present Apology your Lordship hath studiously concealed that mistaken principle, which hath bin so fertile of other mistakes in you, and of you. And that is, the opinion that Episcopacy was erected by the Apostles, and consequently in your Lordships judgement so authorized Iure Divino, that it may not be altered, whereof your Lordship was once so confident, that you wisht it might be made a part of the Catechisme of our Church, if I do not misremember; For it stands so in my memory ever since I had a cursory sight of the Letters which pass'd between your Lordship and your Cousin Sir Kellam Digby, having at that time observed it an hyperbollicall expression, which in matters of Religion, it is not alwayes safe to use. If your Lordship be still of the same judgement (which I hope you are not) let me presume humbly to advise you to resume the study of both those points by an impartiall perusall of the Bookes have been partly written, and partly set forth in the liberty of these last yeers, which I am therefore in hope will be sufficient to alter your mind in that matter, because they have done mine in the former, which is the fairer of them, who came to the reading of the Arguments against it with as much prejudice as your Lordship can do, having contracted it in part by the great reverence I ever did, and do yet bear to the great wisdom, learning, and piety of Mr. Hooker, (whom I knew, and heard when I was a boy, and with whom some friends of mine, who in their time were in the number of the ablest men of this Kingdom for wisdom and learning, had extraordinary friendship, and were also of the same judgement with him:) In part by the like reverence I bore to Doctor Downham since Bishop in Ireland, [Page] (who put forth a Sermon, to shew the Jurisd [...]ction of Bishops over Presbyters was instituted by the Apostles, (when I was a young man at Cambridge where he was before that in great and good fame:) but chiefly by the presumption that the Addresses make at the foot of the Epistles to Timothy and Titus, as B [...]shops, were of Saint Pauls own writing, because I found them in my Greek Testament. For if that be first admitted, there is some appearance of their having beene Diocesans by the authority thereby given them to appoint, and rule over Presbyters in the Churches committed to their charge: But if this be an abuse, as I have been convinced that it is, since I returned with an hoary head to a new examination of this Book controversie, when the sword was taken up to decide it in Scotland, then there will be no firme ground for a Diocesan Bishop found in the whole Scripture; but much to the contrary, as hath been learnedly proved by Master Bayne, that succeeded Mr. Perkins at Cambridge, in the Answer he made to Doctor Downham written soon after, which I never saw till these last yeers brought it to light, but hath bin the Treasury out of which the Scriblers of this licentious age have stollen almost all they have of worth, to which they have added little besides unfit language, which they had not from him; whose name I cannot suffer to passe my pen without this Elogy, that he was the most accomplished Preacher I ever yet heard in all my life, having heard very many of many Nations, and the man that to mee seemed most in Heaven while he prayed, that my eyes ever saw. I beseech your Lordship to take the paines to read his short Tract upon my recommendation, and that of Gersom Bucer upon the same subject, not despising the rest which have shewed themselves on either side in this controversie, since some of our Prelates have not been ashamed indicere bellum Episcopale: and then to do me the honour to let me know whether you persevere in that you wrote to your Cousin Sir Ken [...]lme, for I have cause to believe it is a tenet set on foot in our Church, at the beginning of the raign of of our late Soveraign of famous memory, not because it was believed by them, that directed others to broach it among [Page] us, but out of a politique design, (wherein the Jesuits had an unseen hand) invented first out of fear, that his Majesty who had abolished Episcopacy in Scotland, might at one time or other bee ingaged to doe the like in this Kingdom: and when they found it tooke with his Majesty, then imployed further to work upon his pious and bountifull heart for the reintroducing of Episcopacy in that Kingdom, an Act of Royall magnificence and princely piety, and if your Lordships opinion of the necessity of Episcopacy in all Churches as founded in divine right, can be maintained at the height (as no doubt was powerfully instilled into his Majesty) an Act as well pleasing to God, as glorious before men: And in the raigne of the King our Soveraign that now is (whom God long preserve) it is evident that the same Doctrine hath been imployed to the ingaging of his Maje [...]ty, notwithstanding all the reluctancy of his most eminent clemency, to undertake a War against our brethren, and his most loyall subjects of that his native Countrey with an upright heart. For admitting your Lordships Tenet, (which, it is manifest was infused into the King, as an undoubted truth) there could be no question of the justice of that War on his Majesties part, of which I forbear to make any further mention least it should prove a controvension of the Act of oblivion, although I humbly conceive there is something besides exceeding necessary to be thought upon by His Maiesty, and that Kingdom, and this, seeing God Almighty is not bound by that act.

O Lord, whether do we run through the darknesse that is in us, if we once depart but a little from the light of thy holy word? And where can we stay our wandring steps? When both the war with this, and the troubles in that Kingdom, were through his Maiesties goodnesse, and wisdom at length sweetly composed by an utter, and eternall abolition of Episcopacy there, as Antichristian in the opinion of that Church; yet at the same instant, or at least before His Maiesties return from thence, was this unlucky Tenet of your Lordships taken up again to induce His Maiesty to declare his fixed Resolution, by a writing under his own Royall hand, continue and maintaine Episcopacy in this Kingdome. Which unexpected stop of the torrent [Page] of some mens hopes, as well as desires of a like through Reformation in this Kingdom, was in my observation (who looke on at a great distance) the first stirring cause of that fierce flood, which rising soone after, spread it selfe farre and wide, and is now growne to such violence, and height, that it carries all before it. And yet for their sakes, with whom I concur in the desire of such a reformation, I hope this will not at last prove the Cause now in so hot dispute between the King and His Parliament, though I have observed that His Majestie chargeth a Faction in Parliament, with a violent, and undue purfuit of an absolute destruction of the Ecclesi [...]sticall Government of this Church. So much hurt hath come to the Churches of God in this Iland by that Tenet of your Lordships: Neither hath it stayed there. For by that design, which was begun to be out in practise in Scotland, in a wrong climate (God confounding the councells of some, who in corners did not spare to vent their dis [...]steem of all other reformed Churches abroad, as having no Priests, because they have no Bishops) it may too probably, and without breach of charity be doubted, that they had yet more abhominable projects in their heads: although I believe, they are commonly believed to have been yet more abhominable then they were. Which is an Argument I must not divert into here.

Your Lordship seeth how many mischiefs, as well as absurdities, I have followed upon the entertaining of one erronious Principle your Lordship thought fit to be put into our Catechisme, which I humbly pray you to take into consideration, as an aggravation of that errour. For if upon the whole matter you shall be reduced but to the temper of the good Archbishop Whitgife, and of Mr. Hooker, who, as your Lordship knows, though they held the Government of the Church by Bishops to be more agreeable to the Scriptures, then any other; yet have fully declared themselves to be of opinion, that no form of Church Regiment is so set down there, but that it may be lawfull to alter it, even for a worse, upon Civil respects: I am then very confident, that upon a new ballancing of the account of the inconveniencies [Page] of the removing, or retaining Episcopacie in this Church (as things now stand) your Lordship will be inclined to an alteration thereof. For in truth (my Lord) that we cannot put down a Bishop in a Diocesse, without setting up a Pope in every Parish; and that no other Church Government is compatible, either with Monarchy, or with ou [...] Common Law, are meer imaginations of your Lordships, and some other men, sufficiently confuted by the experience of other Churches and Kingdoms, that of Scotland by name, which (not to insist on the two former, as evident to every man) hath a Common Law as well as ours, as also other Kingdoms, and States in Europe have all, though there be a popular groundlesse perswasion of many wise men to the contrary. And if upon a review, your Lordship should finde sufficient reason to change your minde concerning the inconvenience, as well as concerning the unlawfulnesse of abolishing Episcopacie in this Church; that so ours may be reduced to an Uniformity with that of Scotland, since the reduction of theirs to the likenesse of ours (which was lately made a matter of great importance) is now impossible: the publication thereof may well repatriate your Lordship in the good graces of all, that have had their mouths opened against you upon this occasion, except it be of a few over hot Zelots. For many wise, and religious men, differing from your Lordship in your opinion touching Episcopacie, and concurring with me in mine, are yet of your minde, that it is better to begin with such a Reformation thereof, whereunto there is a happy unity of Opinions, not onely in the Representative, but almost throughout the Lay part of the true body of the Kingdom; then to attempt the doing of it all at once, till the humours (yet very crude) shall be further prepared for such a sweeping purgation; which for my part I hold to be a politique, that is a doubtfull Probleme. And so your Lordship hath my thoughts upon that first point, which hath held me too long.

APOLOGY.

Then came on the tryall of the Earl of Suafford, in the which I must say, I failed not of my duty in proving the charg [...] and evidence, before those who were to judge of both. In the discharging of that duty, it was my fortune, [Page] by the unluckie acception of some expressions of mine, to draw upon [...]e [...] sharp malignaty from some persons of much interest in the House, which [...]ever fail to manifest it selfe, after that accident, upon every the least occasion.

About this time, I was told by a Friend, that I lost much of my credit by being observed to be so much at Court; I replied, that I had not then the same justice with other men, who were there more than I, though they avowed it lesse [...] that it was a principall joy to me, to see those persons, who had been the prime Actors in the happy Reformation of this Parliament, so acceptable at Court, and like to have so great a share in the chiefe [...]lucs there, and the conduct of affairs for the future. That since it bad pleased His Majesty to give so plenary a Redresse to all the grievances of His Subjects, and to secure them for ever from the like invasions, by such a wall of brasse as the Trienniall Bill, I conceived that thence forward, there was no more to be thought on, but how in a gratefull return to His Majesty, to advance His Honor, and plenty, according as before such happy settlements. I had often heard those principall intendents of the puqlike good most solemnly professe, and consequently, that the Court, and Countrey were, in truth, now to be all of a pi [...]ce, and there would hereafter be no more cause of jealousie between them: Lastly, that, howsoever, I thought my selfe as likely to do good there, as do good there, as to receive hurt.

The first evidence I had of the disfavour of the House of Commons, (where I had served with all faithfulnesse, diligence, and humility) was upon the printing of my Speech to the Bill of Attainder of the Earle of Strafford. As for the Good-Fridayes exercise which the delivery of it in the House procured me, I reputed that a most comfortable [...] and [...]min [...]nt testimony of the continuance still of much justice and favour towards me in that Honorable House: since, after a dozen distinct charges upon the severall passages of that Speech, urged against me with great strictnesse and acrimony, by that number of the most eminent persons there, both in abilities and interests, and at a time when certainly most men of my opinion were at their Devotions, they were not able after four houres debate to expose me, either upon the mayne matter, or upon the bye, unto the least reprehension.

For the thing it selfe, I will say no more of it, but that it happened to be upon a very unpopular argument; but the cause and circumstance of the printing it, was this.

I did not finde only that it was unfaithfully reported, and uncharitably interpreted; but was informed, that Copies went abroad of it so falsely, and maliciously collected, as made the whole Speech a justification of my Lord of Straffords innocence; and Sir Lewis Dives having beard of such a Copy in the house of a Citizen of good quality, where he heard me mentio [...]d as a person fit to have his name fixt upon posts, that I might be torn in pieces by the people: upon that reason earnestly desired me to give him a true [...]opy of what I had sayd in that Argument; which I did, and he forthwith gave direction for the printing it, without any privity of mine. Yet if I had consented to it, and directed it, I professe, I should little have imagined, that [...] when there was such an universall licence taken to print every [Page] thing, of how great irreverence so ever) [...]ither to Church or State, with impunity, a Speech made in the House of Commons, a Speech so narrowly, and severely sifted, and examined there, and yet let passe without the least censure, either on the Speech it self, or the Author; that the printing of such a Speech should rise to so high a nature, as to make me for ever uncapable of any Honor or employment in the Common wealth, I professe could hardly have saln [...] within my reason or fears to suspect. And yet three months after the fact committed, after the printing of an hundred Speeches more by other m [...]n, after my having severall times sued, and pressed for a hearing, whilest I was of the House of Commons, after by His Majesties favour I had sate six or seven weeks a Member of the House of Peers; after all this, no lesse a judgment (as far as the vote of the House of Commons could contribute to it) passed upon me unheard, over, and above the shame of having the Speech it selfe burned by the hand of the Hangman. How I bore this affliction, with what anxiety of minde to my selfe, with what temper and submission to that Honorable Assembly, from whence the blow came, as many of my near friends can testifie the first; so the envy or ma [...]ice of no man, can reasonably and justly [...]ax me, as unto the other. How other young men, upon no greater a stock of innocence than mine, might have suffered themselves to be transported upon such misfortunes (not to give them any other term) I leave to those to judge, who have not been so long brought up in the school of affliction.

As this censure sell upon me for many months after the fault objected, so it rested within those walls where it begun, without ever desiring a concurrence from that Court, where I was onely to be judged, and where I could onely answer for my selfe, and hope for a vindication; which encreased my sufferings to an unspeakable height, that I could by no means [...]lar my selfe in the place where I received the wound, nor could take notice of it, where I might be cleared by my Peers, for fear of breach of priviledge of Parliament; Though my censure were known to all the Kingdom; yea, I may say my infamy in print with forreign Nations.

ANSWER.

As touching your Lordships carriage in the Tryall and Attainder of the Earl of Strafford, I must not conceal from you, that the report of the latter made a much deeper gash in your Fame, with us in the country, and I believe in the City, and in the Parliament too. And yet the making of that Speech your Lordship did to the Bill of Attainder, was no fault for ought I know; and accordingly your Lordship need not ascribe it to the Favour, but meerly to the Justice of that Honorable House, that after a dozen distinct charges upon the severall passages of that Speech urged against [Page] you, with great strictnesse and acrimony, by that number of the most eminent persons there, both in abilities, and interests, and in your absence, upon a Good-Friday to you; yet they were not able, after four hours debate, to expose you unto the least reprehension, either upon the main matter, or upon the bye. The offence was the publishing it in print, after the passing of the Bill, and the execution of that great Lord, which, your Lordship may please to believe me, gave exceeding great scandall in the country where I live, and where the reasons, given by your Lordship for your absolving Vote, were by many maintained to be unanswerable. And by this your Lordship may guesse what harm it did in other countries at home, and abroad; where, you cannot be ignorant, how apt some are to censure the proceedings of their neighbours, and to take every advantage to speak the worst they can of them: nor that they did so upon this occasion ministred by your Lordship. So that if your censure were known to all the Kingdom, and your infamy were in print with forreign Nations, yet your Lordship therein received no more wrong, then the King, and Parliament, and your Country did by your occasion.

I do therefore humbly intreat your Lordship to resist all temptation to thoughts of discontent for the censure which passed upon you, and that Speech of yours in the House of Commons: and to do it equall Justice by distinguishing their misfortunes in this, and other occasions from their faults, as you desire other should do in your case. For presuming that the Speech was printed without your privity, as you now relate, I can find no fault in any man touching this matter, but in Sir Lewis Dives, and he, besides the assection of a brother to a brother, and the reason he had to do what he did, hath the common license of the times for his almost sufficient excuse. But an extreame misfortune it was, as well to the House of Commons as to your Lordship; that you should be censured by them for the fault of another man; which invincible error of theirs it is very probable they might come to find after they had committed it, and for that reason forbore the prosecution of their [Page] charge with the Lords, to the diminution of their misadventure, but the encrease of your Lordships in this affair, because (in my poor opinion as well in your Lordships) neither you, nor the House of Peers it selfe could take notice of what had beene done in the House of Commons, without a breach of their priviledges, since it was never by them brought up to the Lords (which I write under correction) so as your Lordships misfortune in this matter may seem irremediable. And yet to shew your Lordship with how much passion I desire to save a noble young Lord of such eminent abilities, as may be of great use to the King and Kingdom, from sincking in his reputation (which will make them altogether uselesse to the publick) I will adventure to take your Lordship by the hand, and to try whether I can raise you out of this puddle also, when I have first opened my selfe to be the same man, that made the larger Answer to your Lps Speech to the Bil of Attainder of the sayd unhappy Lord: which was intended to have been sent to you so timely, that if your Lordship had thereby received satisfaction in your Scruples, you might have acknowledged as much in the House of Commons, whereof you were then a Member, and so have escaped their censure in a fayrer way, then you did by climbing up into the House of Peers at that time. For so that is understood: But the throng of lesser Pamphlets was so great, that before this could passe the Presse, (which I am made believe it could not in a month and more) your Lordships Speech ranne the fortune you know, and another briefer Answer thereunto got through, Of which misadventure, I was much more sorry for your Lordships sake, than mine own, though by this meanes I also may possibly have been censured either for insulting upon a noble person cast down (which I should hate my self for if it were true) or for having taken the advantage of such a time to publish my Answer when it was not safe for your Lordship to make any Reply. But since your Lordship hath adventured on other actions, and writings more dangerous then your defence need to be, as your Lordship may mannage it, I humbly beseech your Lordship to take it [Page] into your consideration, whether you may not do well to make a Replication thereunto, for the reasons I shall now give your Lordship; and which I am perswaded, ought to have the same force with you, which they have with me. They are, if that your Lordship do yet persist in your opinion, that you had sufficient grounds to alter your first judgement of the Lord Straffords cause, you ought to make a further clear deduction of them to the world, partly for that unfortunate Lords sake, partly for your owne, a little for your servants, and a great deale for your Countryes sake. For to begin with the last (as being of greatest concernment in it self, and I beleeve in your Lordships esteem also) If your Lordship, who have now had good leisure, and great cause to revolve all your late words, and actions, in your most serious thoughts, and to bring all the stirrings of your conscience upon every one of them to a strict examination, be still of the same mind you were, when you so solemnly washed your hands from the blood of the Lord of Strafford, which he at his death charged home upon this Kingdome, I wish this Kingdom all the prosperity and happinesse in the world: I did it living, and now dying it is my wish, I do now professe it from my heart, and do most humbly recommend it unto every man here, and wish every man to lay his hand upon his heart, and consider seriously whether the beginning of the happinesse of a Kingdome should be written in letters of blood, I fear you are in a wrong way, and I desire Almighty God that no one drop of my blood may rise in judgement against you. viz. Lord of Straffords Speech at his death. then it cannot be, but you must needs fear, that it lyes upon this Land, and in your apprehension, may be one cause of the present unhappy condition thereof, which hath beene so well foreseen, and expressed by my Lord your father. My Lords, what I have yet sayd unto you hath bin chiefly grounded upon the apprehensions and feares of our future dangers. I shall say something of the unhappinesses of our present estate, wich certainly, standeth in as much need of relief and remedy as our fears doe of prevention ; for although the King and People were fully united, & that all men that now draw severall wayes, should unanimously set their hand to the work, yet they would finde it no easie task to restore this kingdom to a prosperous and comfortable [...]ondition: If we take into our consideration, the deplorable estate of Ireland, likely to drain this kingdom of men and treasure; if we consider the debts and necessities of the Crown, the ingagements of the kingdom, the great and unusuall Contributions of the people, the which, although they be not so much to their discontent (for that they have been legally raised) yet the burthen hath not been much eased: Let us likewise consider the distractions (I may almost call them confusions) in point of Religion, which of all other distemp [...]rs are most dangerous, and destructive to the peace of a State. Besides the publique calamities, let every particular man consider the distracted, and discomfortable estate of his own condition, for mine own part, I must ingenuously prof [...]sse unto your Lordship, That I cannot finde out (under the different Commands of the King and the Parliament) any such course of caution or warinesse, by which I may promise to my self security or safety. I could give your Lordship many instances of the inconsistencie and impossibility of obeying these Commands. But I shall trouble you onely with one or two. The Ordinance of Parliament concerning the Militia (now in so great agitation) commandeth all persons in Authority to put it in execution, and all others to obey it, according to the Fundamentall Laws of the land; The King declareth it to be contrary to the Fundamentall Laws, against the Liberty of the Subject, and Rights of Parliament; And commandeth all His Subjects of what degree soever upon their Allegiance, not to obey the said Ordinance, as they will answer the contrary at their perills. So likewise in point of the Kings commanding the attendance of divers of us upon His person, whereunto we are obliged by severall relations of our services and oaths: In case we comply not with His Commands, we are liable to His displeasure, and the losse of those places of honour and trust we hold under Him: If we obey His Commands without the leave of the Parliament, (which hath not alwayes been granted) we are liable to the censure of Parliament, and of both these we want not fresh Examples; So that certainly this cannot but be acknowledged to be an unhappy, and uncomfortable condition. I am sure I bring with me a ready and obedient heart, to pay unto the King all those duties of loyalty, allegiance, and obedience which I owe unto Him: And I shall never be wanting towards the Parliament, to pay unto it all those due Rights, and that obedience which we all owe unto it: But in contrary Commands, a conformity of obedience to both, is hardly to be lighted on. The Reconciliation must be in the Commanders, and the Commands, not in the obedience, or the person that is to obey. And therefore, untill it please God to blesse us with a right understanding betwixt the King and Parliament, and a conformity in their Commands, neither the Kingdom in publique, nor particular men in private can be reduced to a safe or comfortable condition. Earl of Bristolle Speech. May 20. 1642. Vide reliqua. And may you then, or can you in such a time as this keep the reason of your fears to your self, which for ought you can know may have the same operation in the hearts of those, to whom you then so lively represented the hainousnesse of the sin of committing murther with the sword of justice, if you think you can convince them thereof. I need not tell your Lordship the force of [Page] naked truth, not to bee told when it comes armed with so compleat an eloquence, as [...]od hath given your Lordship, And if you could thereby worke the like change in the rest of my Lord of Straffords Judges, which was wrought in you, have they not power to review their owne proceedings, and to repeal the Bill of Attainder, they passed in this cause? your Lordship knowes this is usuall in the Republick [Page] of Venice, and if there be no president in our State of any man restored to his blood by the same Parliament which attainted him (which I am not learnd enough to know) I conceive such a new president were well made, as many other have been by the wisdom of this Parliament, by [...] and not by the examples of former every Parliament ought to be guided: For me, if your Lordship shall prove to me that your grouuds remain firm after all my endeavours to shake them, and withall if with the helpe of the many great Lawyers were of your Lordships opinion, you can make a satisfactory Answer to the learned argument of Mr. Solicitor, by which I was much cleared, and confirmed in the judgement unto which I was lead by meer reason, without having the light of the Law, I here professe that I shall hold my selfe much obliged to your Lordp. for disabusing me, and bound in conscience to make a retraction of my Answer in Print, since I gave way to the printing thereof. And I believe Master Saint-Iohn will be of the same mind: the fame I have heard of his Religion being no lesse then that of his Law: and the alteration of his opinion, may prove a principall verb in the [...] construction of the Parliament concerning that case. Your Lordp hath therefore no want of forreign inducements to imploy your best thoughts in this disquisition. By the same labour your Lordp. may rectifie your own reputation in this matter, which ought to be more tender to you now then ever, (as I see it is) And if you can make it appear that you were in the right, you shall wrong the Parliament more then yet you have done by entertaining the least doubt, that you may thereby hinder your repatriation with them, which I wish you had not done by other courses. It is ever better for the wisest Counsells and States as well as men, to retract an error, then to maintain it.

But if on the other side your Lordship doth now perceive that you might have condemned the Earl os Strafford, with as free a heart as you accused or prosecuted him for a Traytor, then (my Lord) a good conscience will need no prompter to tell you, that you owe the King and Kingdom [Page] a publique confession of your judgement (as now informed) in reparation of that high wrong you did His Majestie and the Parliament, by publishing your Protestation in print, when you were of another minde; nor that you have much worke to do at home, which can be done by no other, and which it doth infinitely concern you not to slubber over, I need not tell you my reason: yet because the most watchfull conscience may need jogging sometimes: I most humbly beseech your Lordship to give me leave without offence, to entreat you first to take a re-view of your Speech by the light you now have from Master Solicitor, and then to set before your eyes that part of the preface, wherin you wished peace of conscience to your selfe, and the blessing of Almighty God to you and your posterity, according as your judgement of the life of the Earl of Strafford should be consonant with your heart in all integrity; which I do not with any intention on my part, to give occasion to any other to inferre, that your Lordship went one hairs breadth beyond your own beliefe of the integrity of your heart therein. I thank God I have learned my duty better, and as I ought, do confidently believe your Lordship hath too much of the fear of God in your heart, to transgresse so much as a Mathematicall point, willingly and wittingly in so solemne an execration: But withall I know the danger of making such imprecations before his face, who is greater then our hearts, and knoweth more by us then they do. And if it be true which I have heard from persons of honor, that there was a time when Sir Thomas Wentworth solemnly wished, that if ever he gave his consent to the levying of monyes on the Subject without their own consent in Parliament, He might be set up as a Beacon on a hill for people to gaze at. We all have occasion given us in this protesting Age, diligently to call to remembrance, and sadly to reflect upon what ever we may have inconsiderately uttered in that kinde, having all (I suppose) seen or heard, how his rash words have been verified upon him, by the Bonefires were made on the tops of many hills in some Countries for his execution; and this [Page] by a kinde of instinct in the vulgar sort of people, without any direction from wiser men; the like whereunto upon the like occasion, I beleeve was never done in the World before. Your Lordship will therefore (I hope) forgive me, if out of my desire to make sure of keeping your Lordship from being hereafter scorched with the like flames, I presume to advise you to enter into your own heart (being I suppose like mine own, deceitfull above all things) and there to make the strictest enquiry all your wit and memory can, whether the lying of one thing or other in the way, did not hinder you from going to the bottome, when you made that execration; and so from discerning somewhat then, which you may now possibly see in this businesse. For to be plaine with your Lordship, I am therefore a little jealous there might be some pretincture in your Lordshipps own eye, because I observe you could so clearly see, and distinctly describe all that might bloud-shot other mens eys in this case; and yet for ought appears in your Speech, never once took notice of any of those many other causes of vitiation of judgement, which it concerned your Lordship more to have looked after. Such were personall respects, as the inclination of one great wit to take part with another, of one Peere apparent, to take compassion of another in being, complying with the judgement of the King at that time; hope of favour from His Majesty from thence, feare of His Maiesties dislike of a person so able, so willing, and then (as was believed) in so neere expectance of opportunity to do service to the King and State: For I will not wrong your Lordships Noblenesse, by the lightest imagination that your eye saw the worse by looking a squint at any private advantage in a publike employment: And I will forbeare the mention of something might be of more force with you, then all I have yet touched, because if it were so, your Lordship must needs know it, and I cannot minde you of it without preiudice to a third Person; your nimble phansie will quickly represent all other to your memory, by the hint of these I have set before you. And they, they (my Lord) and such other were the corruptive [Page] of iudgement, of which you should have discharged your selfe to the uttermost of your power, and not Lapwing like have made so great a cry with so many awayes there, where your conscience was in no danger. Let every man purge his heart clear of al passions (I know this great and wise body politicke can have none, but I speak to individuals frō the weaknesse which I find in my selfe) Away with al personal animosities, Away with all flatteries to the people, in being the sharper against him, because he is odious to them; Away with all fears, lest by the sparing of his bloud they may be incenst; away with all such considerations, as that it is not fit for a Parliament, that one accused by it of Treason should escape with life; Let not former vehemence of any against him, nor fear from thence that he cannot be safe while that man lives, be an ingredient in the sentence of any one of us. Of all these corruptions of judgement, Mr. Speaker, I do before God discharge my selfe to the utmost of my power. L. Dig. Speech, April. 21. 1641. Mistake me not; I do not say but some other might have need of the warnings you gave, and may yet have cause to reflect upon what you then sayd, though they then gave right iudgement. Neither do I thinke the worse of you for differing from so great a number of religious and conscionable Patriots. Nay I should not have thought so well of you as I do, if, not having your understanding subdued, you should have captivated your iudgement to theirs: or if after you had wiped your heart on the side I have now shewed you (and it may be you onely forgot to mention, not to thinke on by your selfe) upon the hearing of the Diametrall opposition between great Lawyers of the House in their opinions, your Lordships mind stood in aequilibrio (though this were an imperfection of iudgement, I should do wrong to suppose in you, yet if in truth it were so) I pronounce you ought to have done as you did, at least I should have done the same had I been in your place: For I conceive that a minde in that posture is bound, or at least hath liberty to encline to the safer side for it self, though it may be the more unsafe for the State, because a mans own soule is of more value to him then all the world. And I humbly conceive that in all cases either of Counsell, or of Judicature (to one of which it may be all that come within the walls of either House may be reduced) it is ever safest to encline to that side which goeth with him that is in possession, which in this case of the Lord of Strafford, was that which was against the Bill of Attainder.

After I had written thus much, and more, in answer to your Lordships Apologie, the Kingdoms weekly Intelligencer, his accompt of the last week came to my hands, wherein he taketh notice of your Apologie, and saith, your Lordship therein forgot to mention the first matter by which your Honour was questioned in the House of Commons, while you served there: And then telleth a [Page] strange story, which I cannot wonder enough I should never have heard of before; Thus: There were (sayth he) foure beside your Lordship of the close Committee, concerning the Earle of Strafford: There was a paper of much importance concerning the sayd Earle, mislayd on a sodaine in a private roome where they were, which was mist before they departed, but could not be found, yet next day they had it at Court. Those foure Members particularly made their protestation in the presence of God, and of the House of Commons, that they were not privy to the conveying away of that paper: His Lordship did the like, and wished a curse upon him if he knew any thing of it. Whether this writer were not to blame in concluding this story with this Epiphonema (God is iust, and its observable, that this Lord hath not had many blessings befalne him since that his imprecation, and asseveration) I leave to the judgement of Divines. As I do also, whether that Writer himselfe, if he be a man that hath taken the Protestation, hath not given as much cause of suspicion of his having violated that part of it, wherein he in the presence of God vowed to maintain and defend the Kings Honor (a word not to be found in the oathes of Supremacie, or Allegiance) by charging the Cavaliers to have thought to have circumvented part of the Earle of Essex Army, and to have forced their passage through their quarters, and to have seised on all the Ordnance and Ammunition in the Earles Army then at Hammersmith (by breach of faith) For that parenthesis reflecteth full upon the Kings Honor, and being written after His Majesty hath given (as to me it seemeth) ample and full satisfaction to that fowle charge of the Writer of the speciall Passages, The same night after the Messengers were gone, certaine information was brought to us, that the same day the Earle of Essex had drawn his Forces wi [...]h great store of Ordnance out of London toward us, upon which a Councell of War b [...]ing present, and we having there considered, upon debate, Our present Condition, That being already almost surrounded by his Forces, some at Windsor, some at Kingston, and some at Acton, if we suffered the remainder to pos [...]esse Brainceford, we should be totally hemmd in, and our Army deprived of all convenience of either moving or subsisting; yet how necessary soever it appeared, we could not obtain our own consent, to advance towards Brainceford, and either prepossesse it, or dispossesse them of it, till we had satisfied our selves that it was as lawfull as necessary, and fully wayed all, that not onely Reason, but Malice it s [...]lf (which we knew, to be very watchfull upon our actions) could object against it. We considerd first, that it could not reasonably bee esteemed an Aversion from Peace, and an Intention to interrupt the Treaty then in expectation, since on the other side we had cause to believe, by the former rejection of our offers of Treaty, when we were supposed to bee in no condition of strength, That if wee would not thus preserve our selves from being so encompassed, as to come into their powers, the very possibility of a Treaty would immediatly vanish. Wee considered next, that much lesse could it be interpreted any breach of faith, since willingnesse to receive Propositions of Treaty, was never held to be a suspension of Arms; Since otherwise we must (b [...]cause a mention of a Treatie had been once made) by the same Logick have been bound not to hinder them to encompasse us on all parts to Colebrook Towns end; Since no word to that purpose (of any suspension) was in our Answer; Nay since in that (by wishing their Propositions might be hastened, to prevent the Inconveniences which would intervene) we implyed, That by this Arms were not suspended; And since their own Votes of proceeding vigorously, notwithstanding the Petition; and their now actions in sending after their Messengers great store of Forces with Ordnance so neer to us (having before gift us in on all other parts, and sent Men and Ordnance to Kingston, after the safe Conduct asked of us) implyed the same. The Declaration of the Kings true Intentions in advancing to Brainceford, pag. 4. I conceive the Intelligencers crime is so much greater than his, that I will be bold to adde, That what Protester soever hath read his last weeks Intelligence, and having opportunity, shall not upon reading what I have now written, make complaint, as well of the Intelligencer, as of the writer of the Passages (his cousin [Page] Germane) hath not so far as lawfully he may, opposed and by all good wayes and means endeavoured to bring to condigne punishment, all such as have done any thing contrary to any thing in the Protestation contained. Not excepting your Lordship, who I suppose hath taken the Protestation. But as to the Intelligencers rude charge of your Lordship, all I dare say is, That your Lordship had very ill lucke to tell the story you have done in your Apologie, of that which passed between you and a friend of yours, who told you, that you lost much of your credit, by being observed to be so much at Court. For if the about this time with which your Lordship beginneth that relation, were the time about which this wicked paper was missing, I forbear to tell your Lordship what inferences the City wits [Page] of this unhappy Age are like to make of the originall rise of your credit in Court; though for my part I here professe all your Lordship hath written in your Apologie upon this occasion, is to my understanding most just and reasonable; and that I am so far of your minde, that till the Court and Countrey be in truth all of a piece, and that there be no more cause of jealousie between them, neither the one, nor the other of them can be happy, nor the City neither. I am also afrayd that those words in the Preface of your Lordships Speech to the Bill of Attainder of the Earle of Strafford; I have had the honor to be employed by the House in this great businesse, from the first hours that it was taken into consideration: It was a matter of great trust, and I will say with confidence, that I have served the House in it with industry, according to my ability, but with most exact faithfulnesse and secrecie. And that parenthesis, in this part of your Lordships Apologie, where you again say, you had served the House of Commons with all faithfulnesse, may do you no good; especially if the mislaying of the above-sayd mischievous paper, were in the time of the tryall of the Earle of Strafford, and before the proceeding against him by Bill of Attainder, which is the part where your Lordship hath inserted this parenthesis. For your Lordship knoweth much better than I, that the making of these voluntary Apologies to persons that do not charge a man with the faults, which he goeth about either to excuse, or acquit himselfe of, are alwayes taken for confessions of guilt, by suspicio [...]s hearers; especially if the Apologizer himselfe take no notice of the crime whereof he is accused by common fame, which I perceive was your Lordships case, before you wrote this Apologie (If the Intelligencers relation be true.)

And now that by his helpe I have [...]uggested all I can to [...]our Lordship upon this occasion, I humbly beseech you, be not wanting to your selfe, but lay your present condition to heart, remember whence you are falne in your reputation, in your hopes: take heed of catching another more [...]angerous fall now in the rode of good wi [...]s, by thinking [Page] you are bound to maintain all that you have done, or sayd, be it right or wrong, truth or error, and that you are able to do it. There is many times but one step between this, and being given over, to think evill good, and to believe lyes. I beseech God direct you to that course, which may tend most to his glory, your honor, and the publick good. Be not afraid to acknowledge any mistake, or to take any shame to your selfe, if there should be any occasion for you to do it, which I hope there is not, according to my duty though I thus write: but believe stedfastly in his Omnipotence, and truth, that hath said, and never yet brake his word, Those that honor me, I will honor, and they that despise me, shall be lightly esteemed. There is often a resurrection of the good names of good men in this life, to give credit to the promise aforesayd, and to support our faith of the perfect accomplishment thereof, in that which we look for: But the name of the wicked doth rot upon earth, and in the great day of the Lord, shall rise to universall and eternall confusion in the presence of God, of his Angels, and of his Saints. God of his mercy, and by his grace, keep this for ever in your Lordships remembrance, and minde, and keep us also from despairing of his mercy, if we should be guilty of so great a sin, which there is no cause for. There is no sin, except that against the holy Ghost, not the innocent bloud of a million of souls, no not the being guilty of the bloud of the Son of God himselfe, which may not be expiated by his bloud: And yet I have observed, that there could be no attonement for that sin, wherewith the Intelligencer hath so fouly aspersed your Lordship without confession:Levit. 5. verse. [...] 10. But upon confession of the sin, there is a full promise that it shall be forgiven the offender, not by vertue of the offerings enjoyned in the Law, but by the relation they had to a better sacrifice, which I pray God may through our faith be effectuall to all of us, that may at any time find our selves to stand guilty of so grievous a crime, which I doubt hath spread it selfe farther in this Kingdome, than we are aware of, and that the Land mourneth for it, because we do not.

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APOLOGY.

Under this weight ( [...]nough to have broken a body and a mind better prepared for th [...]se exercises then mine) I suffered, till the rudenesse and violence of that Rabble, drave both their Majesties, for the safety of themselves and their children, to Hampton Court, whither by command I attended them. In this short journey many Souldiers and Commanders, (who had assembled themselves, joyntly to sollicite the payment of their arrears for the late Northern expedition, from the two Houses of Parliament) waited on their Majesties, and leaving them at Hampton Court, provided their own accommodations at Kingston, the next place of r [...]c [...]ipt, and still so used for the over pl [...] of company, which the Court it self could not entertaine. To these Gentlemen [...] of whom few or none were of my acquaintance, and to this place was I sent by His Majesty, with some expressions of his Majesties good acceptance of their service, and returning the same night to Hampton Court, continued my attendance to Windsor, whither their Majesties then repaired. I had not been there one day, when I heard that both Houses of Parliament were informed, that I, and Colonell Luns [...]ord, a person with whom I never exchanged twenty words in my life, had appeared in a warlike manner at Kingston, to the terror of the Kings liege people; and thereupon had ordered, that the Sheriff of Surrey, and as I conceive, that all other Sheriffes throughout England should raise the power of their severall Counties, to suppresse the forces that be and I had levyed.

When first this news was brought me, I could not but s [...]ight it as a ridiculous rumour, for being most certain that I had never been at Kingston but only upon that message of the Kings to forty or fifty Gentlemen, totally strangers to me, with whom I stayed not the space of half an hour at most, and in no other equipage, then a Coach and six hired horses, with one single man in the Coach with me, and one servant riding by: I thought it utterly impossible for the most remancy it self at so neer a distance, to raise out of that any scri [...] matter of scandall or prejudice upon me. But when soon after I received from some of my friendz not only a confirmation of that seeming impossibility, but a particular accompt of the manner of it: How some information concerning me at King [...]ton had been referred to the examination of a Committee of my sharpest enemies, how the six Coach horses I appeared with there, were turned by them into six score horses; and that mistake, I know not by what prevalence of my unhappinesse, or of my enemies credit, not suffered to be rectified by other witnesses there who affirmed the truth: Finding my selfe in this sad condition; but twenty miles off, and not knowing how the people in other places might be terrified, if reports, concerning me should spread, but in a proportionable rare to remoter distances, they being now derivablo from such considerable Authors, I must confesse I then began to look upon my felfe as a person of th [...] rare misfortune, that my reputation would not weigh down the most improbable, or impossible accusation, but fit to receive any imputation of guilt, the most mischievous or malitious instrument of calumny could invent. And in this condition, with no other discontent, then not believing my self much indebted to the world for good usage, I procured [...] his [...][Page]Majesties licence to transport a person of so great inconvenience and danger, out of his Dominions into another Countrey; and with all possible speed removed my self into Holland, never suspecting that my guilt would increase with my absence, in the retired private life which I had resolved on, and did according to that resolution lead beyond Sea; having the vanity of some hope, that a little time discovering the falsehood of some things believed of me, would take away the inconvenience of other things that were but unworthily suspected. Some weeks I rested there without any hurt, till the falshood of a person, to whose trust I committed a Packet, brought it to a hand well contented with any occasion to satisfie his own particular private malice, and revenge upon me; and so my Letters, one to the Queens Majesty, and the other to my brother Sir Lewis Dives, were publiquely brought to be read in both Houses of Parliament; from thence new arguments of guilt are so far enforced against me, and the former displeasure revived and heightned to such a pitch, that at the same time I heard of the interception of my Letters, I found my self accused of high Treason too, and that for levying War against the King, a crime certainly that of all other, I could least suspect my self guilty of. And to say the truth, it came into my charge but by accident; for being in generall charged of high Treason, and the impeachment in particular, bearing onely that I had appeared in warlike manner to the terror of the Kings Subjects, a question was raised by a Lord or two learned in the Law, whether that accusation would amount to Treason or no, and so leave was desired to amend the charge, which being granted to make sure work, by the Statute of 25 Edw. 3. it was put in, that I had levyed War against the King. If I were guilty, or suspected of so lowd a crime, how it came to sleep so long, or if not, how these Letters (wherein upon an unpartiall survey there will not be found so much as an opinion as unto peace or war) could minister occasion for a charge of my levying War against the King, I leave to equall consideration. I am farre from censuring or disputing the resolution, or opinion of both or either House of Parliament; no man r [...]eives a stroke from thence with more submission and humility, and the great reverence I bear to it hath made such an impression in me, that the weight of their displeasure hath added many years to me; but in so neer a concernment of my life, and my honour, that grave Assembly may give me leave, without presuming to think their judgements unjust, to say; their evidence may be untrue, and the persons trusted by them, not so full of honour, ingenuity, or integrity, so free from passion, malice, interest, or affection, as they are thought, It will be no presumption, or dis [...]respect to that great Councell to say, that I have many enemies, who have used all the ill arts their wit or malice could suggest, to bring this affliction upon me, and have not in whispers, or in the dark published their resolution to destroy me: witnesse the known tampering with very many persons, both by threats and promises to accuse me, their creating and cherishing such monstrous untruths of my treating with the Danes, and other forreign power, of a great treason of mine plotted, and discovered at Sherburn, with mighty warlike preparations there: of my being at the head of the Rebells in Ireland, and the like: to [Page] make me odio [...] to the people, to whose rage and violence they have of [...] de [...]voured to give me up a sacrifice; the deep sense I have of my affliction [...] and injuries, shall never transport me to heighten the repres [...]n [...]a [...]ion of them to the least degree beyond truth: but whoever shall consider the penalty of Treason, the ruine and desolation it brings to families, the brand and infamy it fixes on our memories, and shall remember that this portion was designed to me, for going on my Masters errant, in a Coach and six horses, will believe that a mixture of sorrow and innocence, with so much passion as may keep them company, may well be allowed to breath it self with so much freedom, as to present to the world with a true and sensible life my sufferings, upon whomsoever the injustice and inhumanity may light, of having opprest and bowed down to the earth, a young man and all his hopes, by such undeserved calamities.

ANSWER.

The next misfortune your Lordship insisteth on is, your having been charged in generalll with High-Treason, the impeachment in particular bearing onely, that you had appeared in a warlike manner, to the terror of the Kings Subjects at Kingstone upon Thames: and the amendment of that charge, by putting in that you had levyed War against the King, upon a question raysed by a Lord, or two, learned in the Law, whether that former accusation would amount to Treason, or no. To this I need to say little, because I may well presume that the two Houses of Parliament, in some sort interessed in this your Lordships complaint, though not of them, yet of the persons trusted by them, will not faile to give convenient satisfaction unto your Lordship, and the world, at the sollicitation of those persons to me unknowne, concerning whom your Lordship thinketh you may, as you doe, put a question, whether they be so full of Honour, ingenuitie, or integritie? or so free from passion, malice, interest, or affection, as they are thought, without offence of both or either House of Parliament, or any reflection upon the opinion or resolution of either of them? All I will, or indeed can say as to the matter above recited is but this, That, whether your Lordp. appeared there with six Coach-horses, or six score horses, whether your Lordships businesse to that place, where those many Souldiers and Commanders, who waited on their Majesties to Hampton [Page] Court, and from thence went to Kingston upon Tham [...]s for lodging, were only upon a message of the Kings to 40 or 50 Gentlemen among them, expressing his Majesties good acceptance of their service; Whether those forty or fifty were totally strangers to your Lordp. (to which point also the Intelligencer telleth an unhappy tale) and by name whether Colonell Lunsford were till then so great a stranger to your Lordp. that you had never exchanged twenty words with him in all your life, are all matters of fact, and the truth of them must remain upon proof; For if there can be no more proved against your Lordship then you write, then admitting it to be true, which I find in the Remonstrance of the Lords and Commons (prepared long before, but ordered to be published upon the second of November last) That there were at Kingston at that time waggons loaden with Pistolls, Carbines, and Ammunition, great horses armed with Pistolls: And though the Officers to whom it seemeth your Lordship was sent, together with the Souldiers and Cavaliers, were some hundreds (your Lordp. in this Apology avoweth they were many:) And though they were listed, and taken into pay, and an invitation made to such Gentlemen as would mount, and maintain themselves for a month, by a promise that afterwards they should be taken into pay, and be his Majesties Guard for their lives: And though the unr [...]ly company assembled there, discharged their Pistolls, and threatned the Inhabitants that they would have the heads of some of them within four dayes, to the great terror and amazement of the poor people: And though all this put together may amount to a warlike appearance and preparation, (which that Remonstrance leaveth every man to judge) yet how it should concerne your Lordp, if you had no further hand in all this, or in any part thereof then you have confessed, under the favour and correction of both Houses of Parliament, I must here prosesse, as yet informed, I am not able to comprehend: And if your Lordship have misinsormed me, and the world therein, I think you have done your self as ill a turn, as the worst of your supposed enemies could have done you.

[Page]But whereas your Lordship complayneth, that the examination of these things, were referred to a Committee of your sharpest enemies, and that the great mistake of six Coach horses turned into six score horses, was not suffered to be rectified by other witnesses there, who affirmed the truth; to these two parts of your Lordships complaint I have one Answer to make, which is, that if in them both your Lordp. had any wrong, it ought not to be imputed either to any prevalence of your particular unhappinesse, or to the credit of your enemies, but to be reputed among the common calamities, which may befall any subject of this Kingdom, by reason of the ancient customes thereof, which seem exceeding strange to all strangers that hear of them, among whom I have often had much a do to maintain their fitnesse, and equity; and yet the wisdom of this State hath not hitherto found sufficient cause to alter so ancient constitutions. The one of them is, the manner of naming Committees in Parliament, in which all men see there is exceeding great inequality, and too much left to the care of the Clearke, who hath more power by much therein then any Member of the House of Commons. But how to remedy this without running the hazard of other as great, or greater inconveniencies, it may be, is not so easie to devise, Which notwithstanding I have often heretofore, and upon this occasion, do now wish that honourable House, (to whom nothing that can be better ordered by humane prudence is impossible) would take into mature deliberation. The other is that ancient Maxime of our Law, Non accipitur juramentum contra Regem, by reason whereof, if it be rigorously observed (as for ought I know it is ever in all tryalls upon life and death in inferiour Courts) the honour, life, and estate of the greatest subject how innocent soever may be in danger, if two of the meanest men in the whole Kingdom shall combine so secretly to take it away that there can be no discovery of their conspiracy, whereat strangers use to hold up their hands and blesse themselves. For it seemeth, the Committee above mentioned had the equity of that rule of Law in their eye for their [Page] direction, and that your Lordship had not all the favour shewed you to the Earl of Strafford, who was allowed to produce witnesses, and crosse examine such as were produced against him, and in troth I believe had as much favour, as was ever shewed to any subject in his case, which is, and will ever be one great justification of the proceedings against him, whatsoever may break forth in time to shew his innocence. But (my Lord) lesse favour may be shewed to divers persons accused of the same crime without any ingredient of private malice, or revenge to the one of them. And yet he that feeleth the hurt of the difference is under a strong temptation to apprehend those to be his private enemies, whom he observeth to be keen in pursuing him, although their consciences may bear them witnesse that they are thereunto moved, onely, and meerly by publick considerations: and in such cases there never want false tale-bearers, who may have told your Lordship many & strange stories of the ill acts us'd by your enemies to bring this afliction upon you; and of their resolution to destroy you, published not in whispers, or in the dark, but by their known tampering with very many persons both by threats and promises to accuse you; and they may have damned themselves if all this be not true. And yet, though I am very confident, that the deepe sence of your afflictions hath had no power to transport you to heigthen the representation of these imaginary injuries to the least degree beyond the truth of your Lordships belief, there may notwithstanding peradventure be no reall truth in them. Nay (my Lord) it being an observation made by the person of greatest experience this day living in Europe, that he never knew a spy, that was not a double spy, (which it may be may hold in Tale-bearers also) why is it not possible, that the news of your Lordships treating with the Danes, and other forreign power, of the great Treason plotted and discovered at Sherburn (which I never heard of till now) and of your being at tht head of the Rebells in Ireland, may have been at first treated by the same tale-bearers, who have abused your Lordship? if there be good rewards stirring [Page] for such like discoveries, as commonly there is in such times as these we are failen into, not more full of false, then of true fears, which giveth great advantage to calumny, and may incline the wisest men sometime& for a while to lend both too open and too secret an ear to the conceiving of s [...]ch untruths, as when they are produced may prove monstrous. I humbly beseech your Lordship to take good heed that you do not do the same injury you complain of, and to be as carefull to keep your self free from all uncharitable judgements and traducements of others, as you desire they should be towards you. A heart top full of a mixture of sorrow and innocence, with so much passion as is but usuall, and naturall to keep them company, being a vessell of such a form as doth not stand over-firmly of it self, may easily be inclined by the best observer of his advantages, and the quickest catcher, and cunningest handler of them, to sway so much on the more corrupt side, that a great measure of thoughts and words, unbeseeming a good Christian, may from thence be made to vent themselves out of the mouth of the best of us. And if by this and other means, he can prevaile to set brethren at variance, it is his sport to see them fight in any fashion, as it is ours, to see other creatures [...]ursue, and kill one another, knowing (as we do) that the prey and he that rejoiceth that he hath caught it are both his without repentance: For though we thinke we have all faith, yet without love to all our brethren, none of us shall ever see the face of our heavenly father; and how hard it is to love them in that degree he requireth, if we once conceive them to be our enemies, and that wrongfully, I would we did not all find too well. I humbly crave your Lordships pardon for this bold, but (as I conceived) necessary digression, having as much assurance as a constant good fame can give, of the integrity of one of those persons (a stranger to me) whom I have reason to induce me to believe, your Lordship intendeth for one of the enemies of whom you make so sensible mention. For I was at a great part of the Lord of Straffords tryall, and if I be not mistaken, there tooke notice of one of those expressions [Page] which your Lordship fortuned to use, the unlucky acception whereof you conceive drew upon you a sharpe malignity from some persons of much interest in the House of Commons, by the token that the most remarkable word in one of those expressions, was a noun substantive derived from a verb of frequent use in Aristotles historia Animalium, which it is possible that Gentleman, who I then apprehended might take offence thereat, though he be learned yet had never read, and then I need not tell your Lordship from what other roote he might deduce it, and so come to take snuffe in the nose without any such cause given by your Lordship, as he might suppose he had [...] Whereas I that knew some reason why your Lordshp and hee might be good friends, and had never heard of your being other, conceived the short Speech then delivered by your Lordship to have been made in his favour, which I here protest upon the faith of a Gentleman, and there is a very good friend of that Gentlemans, who upon some occasion heard me soone after make this construction of that passage of your Lordships referring to him. I hope he may receive some satisfaction from this relation of mine: I am sure I should thinke my selfe a very happy man, if I could do any good office between you; and yet I have been told that when time was I had no great obligation to that Gentleman in a businesse concerned me, and, that upon that occasion he let slipp some words at which I might justly take more offence, then was given him by your Lordship: And therefore judging of him by my selfe (as every man is apt to do of another) your Lordship may please to pardon me that I cannot believe, a Gentleman of much reputation for Religion, should out of so poor an accident as this [...] suck so much venome as may have been capable to manifest it selfe upon every the least occasion ever since. But my desire to do all that in me is towards the reconcilement of persons whose enmity must needs be prejudiciall to their Country, as well as to themselves, hath drawn me too far upon this subject, and yet I cannot leave it, without craving pardon to make one note to your Lordship, which it may [Page] be, may prove of some use in your life, if you shall do mee the honour to allow it a place in your remembrance, That a sharpe wit is like a sharpe knife, with which a man may assoone hurt himself as another, if he be not very carefull to carry it in a good sheath, and to have both his eyes about him when he useth it.

I come at last to the last part of your Lordships complaint about your being charged with treason, which is the amendment of the charge by this addition, That you had leavyed war against the King; of which crime, of all other, I verily believe some other persons, not long before accused thereof, could as little suspect themselves guilty, as your Lordship: And yet after that they were not onely suspected of, but charged very loud with so loud a crime, how it came to passe I know not, but if I do not mistake, the charge slept as long as that against your Lordship, so that in this you have had but equall dealing with others. And as for the amendment of the charge, I believe your Lordship may one day find, that your assembling of Cavaliers at Kingston upon Thames, (for in those words it is expressed in the third Remonstrance of the Parliament) was understood by the Lords and Commons at that time to be a sufficient discovery of your mind, to engage His Majesty into a civill war. So sufficient, that his Majesties coming to the House of Commons in the manner he did; His retiring from London to Hampton Court, and the appearing of those persons in a warlike manner at Kingston upon Thames, who having been so assembled by your Lordship, waited upon his Majesty thither, were by the Parliament (both Houses being then full) thought sufficient grounds for the committing of the custody of the Town of Hull and of the Magazine there, to Sir Iohn Hotham, and for his possessing himselfe thereof by their Authority; Notwithstanding his Majestie having sent my Lord, the Earl of Newcastle to take the government of that Town upon him: all which you may observe in the Remonstrance above mentioned. As you may also another passage, I suppose very worthy to be seriously reflected upon by your Lordship, amounting to that on their own part, which my [Page] Lord your father calleth ultimam admonitionem on his Majesties part, to wit. That if those malignant spirits (your Lordship by perusing the place may see whom they intend) shall ever force us to defend our Religion, the Kingdome, the Priviledges of Parliament, and the Rights and Liberties of the Subject with our swords, the blood and destruction, that shall ensue thereupon must be wholly cast upon their account. God and our consciences tell us that we are clear, and we doubt not, but God and the whole world will clear us therein. By this your Lordship may fully discern that the charge intended to be made good against you, is no lesse then having been an instrument at least of some other greater malignants to incite His Majesty to the beginning of a civill war, which will not fayle to prove levying War against the King, if it can be proved against you. And how far those Letters of your Lordships, in which you are so confident, that upon an impartiall survey there will not be found so much as an opinion as unto peace or war, yet being layed to other evidences may serve to induce your: Peers to find you guilty of the making of such a Warre, may be seene in time, the great bringer of truth to light.

APOLOGY.

Since that time, other Letters of mine or Copies of Letters (possibly never sent) have had the same fortune, and been published to the world, and to shew the follies and indiscretions of a man, enough in her disfavour besore, with Glosses and Comments to informe the people how much of the dangerous and pernicious Counsells, pretended to be then, and still on foot, had passed through my hands, and how great an enemy I am to Parliaments, to this latter most grievous and venemous imputation, I hope God will have preserved me some kind of Autidote in mens memories, of what part I had the happinesse to bear in the passing of the Trienniall Bill, and to it I shall only say thus much, that I have had the honour to be a Member of the one House, and must presume to think My self still a Member of the other, that I value the honour, the dignity and the priviledges of both, infinitely above the pleasures and benefits of life, and if I ever wilfully contributed, or shall ever consent to the prejudice of either, I wish the desires of all my enemies may fall upon me.

To that of my having had so great a hand in ill Counsells, which are expressed [Page] to be of his Majesties removing from London to a place of safety and the like, I shall be bold to say, that the Letter to the Queens Majesty, from whence my enemies would make the inference, hath not with any confidere [...] the least propending of advice any way, but is meerly an account of mine own intentions to apply my self to His Majesties service, either by absence or attendance, according to course, that His Majesty in his wisdom should thinke fit to take. Every body knowes I never had the honor to be a Counsellor, neither have. I presumed, without being questioned by his Majesty, to interpose in his affairs: when he hath graced me with any question, I have answered with the freedom of a Subject, and a Gentleman. But had I been a Counsellor, having seen what I have seen, and heard what I heard, I who have known such Members of both Houses, marked out by the multitude for blessings, and such for sacrifice; I who can say with truth, that such of that Rabble, cryed out; the Kings is the Traitor; such, that the young Prince would govern better; I who can prove that a Leader of those people, in the heat and violence of the tumult, cryed out, that the King was not fit to live: Had I been a Counsellor, what had I been (as the learning of Treason was then understood) should I not have advised his Majesty to withdraw to a place of safety, not from his Parliament, but from that insolent and unruly multitude, who had already brought into so much hazard the persons and the liberty of this till then most happy Parliament, and not staying there, did so lowdly threaten ruine, even to the sacred person of the King: Advertise his Majesty I did of the danger, advise him I could not, I had neither the ability nor the authority.

In my Letter to the Queen; at her first coming into Holland, it was observed, that in that expression, [of welcoming her from a Country not worthy of her] I [...]ewed much venime and rancour to my own Nation. I meant it not, and must appeale to those who are best acquainted with the Civility of language, whether the addresse might not be comely to any Lady of quality, who should upon any not pleasing occasion, leave one Country for a while to reside in another. And I hope ere long to wellcome Her Majesty back from a place not so unworthy of her, unto this Nation most worthy of her, without either disparagement to Holland, or complement to those to whom the unworthy of that Letter was intended.

For the charge of boldnesse and presumption in some expressions of those Letters (though I might be glad to compound my treason for incivilitie) since the suspicion of that depends upon the right understanding of language and connexion of words; it will be no dis respect to any, through whose hands they have passed, to believe, that as they were otherwise intended by me, so that they are capable of other interpretation. However, if in truth, mis understanding, or ill breeding bath produced the other, I hope the conclusion will only be that I am an ill Courtier, or an ill Secretary, both which I do humbly confesse, not that I am no good English man, no good Subject. If in any of those Letters there were any expressions of discontent or bitternesse, I shall say little more, then that they passed an examination they were not prepared for, and fell into hands that they were not directed to: and I am confident that many honest Gentl [...]men, who have had the happinesse to preserve their papers from such [...]n inquisition, and shall consider the case they might be in, if all their secret [Page] conferences, and private Letters we [...]e [...] exposed and produced to the public [...] view, will cast up these Letters of mine, in the number of my misfortunes [...] without making any addition to my faults: and certainly, whoever shall observe the measure of my sufferings; with any kind of indifference, will easily forgive such eruptions of passion, as were onely vented by me to a brother, though they came within the reach of any other car.

To draw now to a period of my unfortunate story, which I cannot promise my self, from the generality, so much charity as to vouchsafe the reading, further then me [...]r curiosity, shall lead them: I returned into England not with so much joy to see my Countrey, as hope to be admitted upon my humble Petition to His Majesty, to a fair, regular, impartiall vindication of my innocency, and I protest to God, I look upon the time I may naturallie hope to live, with no other comfort, then as it may make me still capable of that happinesse. I have follies and infirmities enough about me to make me aske the pardon of e [...]ery wise and good man, but for treason or for any voluntary crime (either against my Soveraign or my Country) I say it with all humility, I will not accept a pardon from the King and Parliament. By the grace of God it shall never be sayd, that either the Parliament hath brought me, or His Majesty exposed me to a triall, my own uprightnesse shall constantly sollicite it, and without recourse in this to either of their favours, I will either stand a justified man to the world, or fall an innocent. But in the meane time, till it shall please God to blesse this Nation with such a composure of the present distractions, as that Government and Law may have their rightfull and comfortable course, I implore only so much charity from men, as may seem due to one, whose good intentions to his Country have been in some sort publiquely manifested, whose ill are yet but obscurely and improbably suggested.

To conclude, let the few yeers I haue lived be examined, and if there be found any rancour or venime in my nature, even toward particular persons which might in time contract it self to an enmity against the state [...] if I have been a fomenter of jealousies and debate, or a secret conspirer against the honour and fame of any man; if I have worn Religion as a maske and vizard for my hypocrisie, and underhand cherished any opinions that I have not avowed; if I have been lead by any hopes of preferment to flattery, or by the misse of it, to revenge; if I have been transported with private ambition, and been inclined to sacrifice the least branch of the publique peace and happinesse to my owne ends and advantage, let the complication of all these ills prepare a judgement of treason it self upon me, and let me be looked upon as a man who hath made a progresse in wickednesse, that a few yeers more added to that account, would render me a prodigie to the world; But if in truth my life hath been pleasant to me under no other Nation, then as I might make it usefull to my Country, and have made it my businesse to beget and continue a good intelligence amongst good men; if I have been then most zealous and fervent for the Liberties of the Subject, when the power of Court was most prevalent, and for the rights of the Crown, when popular licence was most predominant; if by my continuall study and practise of Religion, I have alwayes been a true sonne of the Church of ENGLAND, and by my submission and application of my actions to the known rule of the Law, I haue alwayes [Page] been a true son of the State of England; if my actions have been [...] and my words onely doubtfull; if my life onely clouded with many intersections, I hope the world will beleeve, I have been overtaken with too great a measure of unhappinesse, and every generous heart will case me of some part of my burthen, by giving the benefit of his good opinion.

ANSWER.

And so (my Lord) I am come to your Lordships Letters, which is all that remaineth in your Apologie, of which I have not already given you my account, except it be of your counsell and purpose, as well in the transporting of your self into Holland, as in your returne from thence into England (which you call the period of your unfortunate story:) Both which will fitly fall in with your Letters, and I wish did as well agree with them. But sure they were quite out of your memory, and you could recover no copy of them, when you wrote this passage in your Apologie. I procured his Majesties Licence to transport a person of so great inconvenience and danger, out of his Dominions, into another Countrey: and with all possible speed removed my selfe into Holland, never suspecting that my guilt would increase with my absence, in the retyred private life I had resolved on, and did according to that resolution lead beyond tqe sea. My Lord, I hope it will not offend you to be shewed by your servant, that you are not well hidden under this covert, where you may else chance to be taken by an enemy; In which hope I will presume to observe, that it may be well believed, your Lordship resolved on such a retyred private life on the other side of the sea, if things had gone on here by way of Accommodation, to which easiest and compliantest way, it appears, your Lordship doubted His Majesty might betake Himselfe. But whether His Majestie shewing Himselfe so extreamly tender of the Peace of the Kingdome, that He was more a wake to the sense of the calamity and misery that in all probability was like to befall His good Subjects upon this occasion, then of His own Honor and Dignity, were so well approved of by your Lordship; you know the judgement of the Parliament in their observations [Page] upon your Letters to the Queens Majesty, and I will leave the world to judge. My purpose is only to shew out of them, that your Lordships resolution to lead so retyred a life on the other side, was not absolute, but conditionate, a blind man if he could read your letters must needs plainly see. For you were no sooner arrived at Middleburg in Zealand, but in your first letter from thence to Sir Lewis Dives, you make mention of another written from abord Sir Iohn Pennington, wherein you gave an account why you thought sitting to continue your journey into Holland, going stil upon this ground, that if things went on by way of Accommodation the King would be advantaged by your absence: If the King should declare Himselfe, and retire to a safe place, you should be able to wait upon him from thence, as well as out of any part of England, over and above the service which you might do his Maiesty there in the meane time. In the same letter to Sir Lewis from Middleburg you declare, that your purpose to remain in that retired place, and condition, was only till you received instructions from their Maiesties (which sure were not very necessary for your employment in a retired private life) you desire him to hasten your sayd instructions unto you by some safe hand, you desire him to send you a Cypher, of which there could be no great need for your giving him an account how you spent your vacant hours: Or if there were, yet sure that was not the reason, why you besought the Queens Maiesty to vouchafe you a Cypher; or why you would not adventure to write to her Maiesty, but by expresses, till such time as you had a Cypher. But why do I wast time and paper in making such inferences? In that letter of your Lordships to her Maiesty dated from Middleburg the 21 of January, you shew your selfe indeed very confident that if His Maiesty after all he had lately done should betake himself to the easiest and compliantest way of Accommodation, you should serve his Maiesty more by your absence, then by all your industry (to which darke expression I will give no light:) But withall you shew, that if the King should betake himselfe to a safe place you should then live in impatience, [Page] patience, and misery till you wayted on her Maiesty, so short-breath'd was your resolution to lead a private retired life on that side the Sea. Yet truely how long you lived in that manner I have not heard: But it should seeme it was not many weeks: for by the tenth of March your Lordship had been so long at the Hague, that you thought your selfe very sufficiently instructed, and able to informe her Maiesty of the state of that place, both in point of affection and interest (Quaere in relation to what) which, considering the many Provinces, and towns, and persons to be enquired after there, before any good judgement could be made of the state of that place in either of the respects above mentioned, and the reservednesse of that Nation especialy toward strangers, I dare say would have asked some other very busie man three very busie weeks. But God hath given your Lordship much quicknesse of wit, and your great industry and paines in the study of books hath made the study of men a sport to you, in which it is certain, that some man may do more in a day, thē another man can do in a yeer. There is therefore no certain inference to be made of the time you had spent at the Hague by the number of talents you had gained there, in comparison of the improvement might have been made by some other man. But when in your letter to the Queens Majesty dated at the Hague before her Majesties coming thither, you say you had not so much as mentioned any businesse to her Majesty since you left England, may we not thence lawfully inferre that there was some businesse committed to your knowledge, at least, which you might have mentioned to her Majesty? And sure (my Lord) when your Lordship wrote to the Kings Maiesty with that hardinesse, which you thought his affairs and complexion required, though every body knowes your Lordship never had the honour to be a Counsellor, yet I believe most men will believe, that you either presumed to interpose in his Maiesties affairs without being questioned (which you say you never did) or that His Maiesty had entrusted you with some part of his affairs on that side the sea, from whence you wrote; or [Page] (which is worst for you) that in some affairs then on the Carpet, your Lordship was a very secret, and a principall Counsellor, if his Maiesty sent to Zealand or Holland to demand your good advice about them, having my Lord your father, and so many other able Counsellors at that time not farre from him.

But I will enquire no further what businesse you had, or did beyond the sea, though perhaps it were possible to make an unhappy guesse at it, by the two notes of armes found among your papers. I come to your Letters written from thence, the falling whereof into hands they were not directed to, I shall be very willing to cast up in the number of your misfortunes, so your Lordship will not forget to put this into your reckning, that no misfortunes happen to any man without the speciall providence of God, whose hand many men thinke they see, in making your own an instrument to discover more against you, then, could easily have beene found out otherwise, though the falsehood of a person you trusted, and other accidents were used as meanes to bring this to passe. I dare not be so peremptory in my observation, or censure, but leaving the consideration thereof to your Lordship whom it concerneth, crave your leave to say, that these Letters of yours are so full and clear an evidence of your being an excellent Courtier, and as excellent a Secretary, that I doubt the world wil nere admit your being ill in either, for a good excuse of the faults have been found in some expressions of your Letters. I shall instance but in one, not in respect of the unworthy you therein put upō your Countrey (wch notwithstanding I conceive will be judged by those to whom you appeal, to have been but a wild piece of civillity to asperse a whole Nation, especially your own, with the fault of some few, and this in an addresse to a Lady of so great eminence, and of another Nation not much given to over-value ours) but if that should be suffered to passe for an ill made complement, I beseech your Lordship what good construction can be made of your saying, it was the first contentment you had been capable of a long time, that Her [Page]Majesty was safely arrived in Holland, withdrawn from a Country unworthy of her. Which that her Maiesty had any not pleasing occasion to do, I beleeve was an exceeding great discontentment to many other good Subiects, and good English men, no lesse for her Maiesties sake then their owne, this having beene taken by all men that had understanding of the times, for a shrewd prognostick of the storme which was then gathering, and now lyes so sore upon us, in the foresight whereof I hope your Lordship took no contentment, though your words might with little force be wrested to such an interpretation.

But to passe by other expressions, and come to the matter of your Letters, and examine whether any wrong hath been done you in the Glosses and Comments, with which you observe they have been published to the world, to informe the people how much of the dangerous and perni [...]ious Counsells pretended to be then, and still on foot, had passed through your hands, and how great an enemy you are to Parliaments: for these are your words. And you seem to be very sensible of this latter most grievous, and (as you expresse it) venemous imputation. Whereas I find no sillable to that purpose in the Glosse made upon the copy of your Lordships letter to the Queens Maiesty of the tenth of March, which is all that ever I have seen published with any Glosse, besides those of the 20. and 21. of Ianuary, and I have enquired diligently of some other, who are in a trade of news, and can hear of no other letter of your Lordships published in print. And yet that ingenuity I have observed in your Lordship in many other occasions, will not suffer me to imagine, that in this you have framed a charge against your selfe, upon such an article as was never put in against you, that from thence you might take an occasion to make such a defence for your selfe, as you conceived would be to your advantage: Such little plots are womens worke, unworthy of a man of your parts, and when they are discovered (as they seldome fayle to be) ever come home with the giving of a shrewd counterbuffe, and therefore I will passe this over.

[Page]To that of your Lordships having had so great a hand in ill Counsells, which are expressed to be of his Maiesties removing from London, to a place of safety, and the like, I will not re-inforce the inferences you say have been made out of your letters by your enemies, because I would not willingly be taken for one of them: But as your humble servant observe two things to your Lordship, which I perswade my selfe you did not well observe in the writing of this part of your Apology. The first is, that you have therein entered into such a contestation, as I beleeve no subiect of this Kingdome before you ever undertooke against the two Houses of Parliament. For they in that Declaration of theirs, wherein they have set forth the Grounds and Reasons that necessitated them to take up Defensive arms, among others, make mention of the uniust charging of some Members of both Houses with Treason: of the Kings coming to the House of Commons with a Troop of Cavaliers to fetch those of that House away by force: of the pious and generous resolution of the City of London to guard the Parliament, in regard of this greatest violation of Parliament that was ever attempted: of certain wicked persons who had engaged the King in the above mentioned design and practise against the Parliament, & of their having been so grieved, and enraged by this action of the City, that thereupon they made his Maiesty forsake WHITE-HALL, under pretence that His Person was there in great danger, which they say is a suggestion as as false, as the father of lyes can invent; And yet your Lordship hath been bold to averre the truth of the danger of His Majesties person was therein; at that time, by avowing that there were Tumults then, (which the Parliament hath denyed in one of their Declarations) and your Lordship saith you saw them with your eyes; and then by giving three severall in [...]tances of most dangerous, indeed desperat words spoken in those Tumults against the King, two of which your Lordship saith you heard with your own ears, and the third you say you can prove to have been spoken by a leader of those people, in the heat, and violence of the [Page] Tumult. His Majesty on the other side in his Declaration of the 12. of August, wherein he hath graciously descended to give his Sub [...]ects an account of the Reasons of his having taken up Defensive Arms, among other things alledgeth, his having done it to preserve the Freedom, Priviledge, and Dignity of Parliament, awed, and insulted upon by Force and Tumults, whereof his Majesty giveth many particular instances, and offereth to prove them. And your Lordship saith, you have known such Members of both Houses marked out by the multitude for blessings, and such for sacrifice. You say, Advertise His Majestie you did, Advise him you could not, you had neither the ability nor the opportunity. But you ask, if you had been a Counsellour, what you had been, if, having seen what you had seen, and heard what you had heard, you should not have advised his Majesty to withdraw to a place of safety, not from his Parliament, but from that insolent and unruly multitude, who had already brought into so much hazard the persons, and the Liberty of this till then most happy Parliament; and not [...]taying there, did so loudly threaten ruine, even to the sacred person of the King; which is a most full averment of one great part of the Kings charge against those, whom his Majestie stileth the Factious part of the Parliament, though not a charging it on the particular persons accused thereof by his Majestie. And whether this being laid to the early knowledge your Lordship had of his Majesties deliberation, whether he should betake himself to a safe place, and to the many inferences have been made upon your severall Letters (which I will not repeat) may not amount to a probable Argument, that you had some hand in the Counsell of his Maiesties removing from London; to a place of safety, and the like, I leave your Lordship, and the world to iudge.

By this time I apprehend your Lordship may well conceive me to be in the number of your Enemies, because I have been so sharp, and pressing upon you in this last part of your Apologie. Which I have been, with an intention to do your service, by putting you to think, whether you [Page] should do well to lye at this guard, if you should come to be questioned for your lifey; our Lordship may have heard, (if not, my Lord your father can tell you particularly) how the great Oracle of Parliamentary proceedings in his time, Sir Henry Nevill by name, lost himselfe in the last he was of, commonly called the Undertakers Parliament. The sum is this, he had done the greatest service to his Countrey, that perhaps was ever done by a private Gentleman in a time of peace, by procuring the Assembling of a Parliament in the time he did, upon the hopes he gave, that the House of Commons might be induced to grant a supply of Subsidies to the late King our Soveraign of blessed memory without questioning his power of imposing, if his Maiesty on his part might be pleased to grant them such and such things upon such and such conditions, which were so much to the advantage of the Subiect, that I doubt we shall never have the like bargain offered again; yet this great service of his, and of other leading men, with whom he conferred about it, having been decryed in that Parliament under the title of undertaking, he suffered that mis-conceit to prevail so far in the House, before he tooke the courage to avow what he had done, and (as I have heard from wise men) might have had thanks for doing in the fair way he did it, that through that default onely, and for no other fault, he forfeited the great credit he had in the House before, and occasioned an untimely, and most unhappy dissolution of that Parliament. It may be the like adventure hath befallen as wise a man in a tryall for his life. But I will give no more examples, nor make any other then this generall application, That which hath happened once or twice, may have hapned thrice, and may happen a fourth time. And yet why should I hold my self thus in the clouds, I will adventure to descend to a particular confession, that my selfe among many thousand other of the Kings loyall subiects, have been exceedingly offended with your Lordship for having had so deep a hand, as hath been seen under your own, in the ill advise of his Maiesties removing so far from the Parliament: for distance of place doth naturally [Page] induce a proportionable distance in affection between the best friends, if the time of absence be not very carefully entertained with all possible meanes to maintain their amity at the height; but if there were any jarre between them before, and they come to wrangle about that by letters, it is almost impossible to prevent an utter breach between them, though they be men of the best tempered spirits: Besides this, it hath ever been my simple opinion, that if His Maiesty after his returne from Dover had given over all thoughts of retiring to Yorke, and gone directly to London, he might have been able to have quite broken the strōg combinatiōs, & conspiracies his Maiesty supposeth were made against him, into so many pieces by his royall presence, and the help of his Nobles, and of those many generous persons in the House of Commons, who would have lent willing hands to so needfull a work, that it could not have been in the power of the Devil himself to repiece the poor wormes so dissevered, for the best among them would have been found no other, if he had once lifted up his head against the King his Soveraign; But my imagination of the unadvisednesse of the advise given his Maiesty to quit his Saddle, having been founded on the confident beleef I ever had that his sacred Person was in no danger by those foolish disorderly friskes of the unmannaged rude people of his Royall City, till I saw your Lordships Apology, (His Maiesties Declaration conteyning nothing but generalls to that purpose:) I am now quite out of patience that the particulars I therein find to the contrary, should have been kept up so long, to the infinite preiudice of his Maiesties service, of his good peoples quiet, and of your Lordships honor, who certainly need not have suppressed your knowledge so long, nor have now made so dainty of owning the advise given his Maiesty to retire to a safe place if there were so iust a cause of fear, that His Maiesties life, which is of more worth then ten thousand of ours, might have been in danger in the tumults at London. But now I find I can proceed no further in doing your Lordship that service, which (I hope you see) I have [Page] hitherto endeavoured, without taking notice to you of a thing, of which I perceive you have studiously declined the mention; and which I should be as unwilling to touch as you, it being the head of that bile, which putteth you to the greatest pain you are in, if the King and Kingdome were not in as much upon the same occasion. In which respect I am resolved to put a launcet into it, when I have first most humbly prayed God upon my knees that my so doing may, through his blessing, be to the ease of his Majesty, of your Lordship, and of us all, and not to the hurt of any body; which (he is my witnesse) is my sincere, and onely intention, if I know my own heart. Which, that your Lordship may not thinke I resolve on impertinently before the time, I must first shew you how farre the matter is prepared. It cannot be unknowne to your Lordship, though in your Apology you seem to make your selfe ignorant, that common fame hath from the beginning accused you to have bin the suggestor to his Majesty of the accusation put in by his Atturney against the Lord Kimbolton, and the five worthy Members of the House of Commons: Or if it be possible this should have been kept from your ears, which hath certainly been the voyce of the people for about a yeer, your Lordship may finde so much, in expresse termes in the publick intelligence of two weeks of this January with this addition, that you were the Adviser of his Majesty to come in person to the House of Commons in a hostile manner with four hundred armed men upon the fourth of January last: To which it may be thought your Lordship had some reference by making the fourth of this January the date of the publication of your Apology. But (my Lord) this darke intimation, which it may be you may expound in that manner in time to come, doth not, cannot serve your turne at the present. For the plain truth is (I tell it you for your service, and hope you will take it so) you may as well rayse a dead man out of his grave, as rayse your selfe, or your reputation from the hate and infamy, under which you, and it lye, by any thing you can say or do, or all your friends [...]or [Page] you, untill this popular, odious, and infamous imputatio [...] (the heavy gravestone of your good name) be removed [...] And that (as the world goes) cannot be done now, by any imprecation of your own, no not of his Maj [...]sties, that you were not the man, except his Majesty shall produce some other very probable Author of the sugg [...]stion; And I much doubt whether that will be sufficient to acquit you. For that unhappy word, which fell from your pen long ago, [Where Traytors have so great a sway] [...] and which you would now excuse, as an eruption of passion, or an expression of discontent vented only to a brother, yet layd to the relation you have made in your Apology of the danger in which his Majesties person, and the persons and liberty of this till then happy Parliament were respectively involved by the Tumults, of which his Majesty chargeth the accused Members to have been the Contrivers [...] and for that reason chiefly Traytors, I doubt hath made such an impression in mens minds, that you would hardly be excused, though some other should take this burthen wholly upon him. I am sure, if you were the man, and have proof (as you say you have) of the treasonable words spoken by a Leader of the people in the heat and violence of the tumult; and if withall you can prove, that the tumult in which they were spoken, was an unlawfull ass [...]mbly, and contrived by all or any of the accused Members; and if this would have been sufficient to have [...]ound them, or any of them guilty of Treason (as by what I have heard to be Law in another case, I thinke it would) then your delaying to take this matter upon you, before your self came to be accused of high Treason, was the greatest mis-adventure (I shall speak great words, but I thinke I shall make them good) which ever befell your Lordship, or this Kingdome, by the space of the last 500. yeers. Your Lordship, for your owning of the suggestion, upon which the Members of both Houses were impeached of Treason, before your being impeached of the same crime, had preserved your estate, life, and honour from that hazard, and your reputation from that stain, which it got by [Page] this mishap, and which will be exceeding hard to be gotten out. The Kingdome, which to my understanding never was in so miserable an estate since the last Conquest, as at this present, and into this so lamentable an estate (let me write it without offence till you have read my reason) I conceive it is fallen meerly and wholly by this omission of your Lordships, if you were the secret Accuser of those your brethren. For they are all wise enough to know, that no man legally accused, can ever be cleared in his reputation without being acquitted from the crime layd to his charge in a faire legall Triall. And this certain danger would undoubtedly have been of so much more regard to men of untainted fame, then the hazard the most innocent persons may possibly run through false witnesses, or a corrupted Jury, that in that respect no doubt they would have desired to have been brought to such a Triall, which it seemeth was intended by his Majestie: Neither could they, if they would, have avoided it, by pretence of priviledge of Parliament, if any part of their accusation legally charged on them had been such as may now seem to be insinuated in your Lordships Apology, or as some of the Articles preferred against them do import, if I do not misremember them. For the Lords and Commons this very Parliament in their Petition to his Maiesty delivered the sixteenth of Iuly following, desired no more, but that nothing done; or spoken in Parliament, or by any Person in pursuance of the Commands, and Directions of both Houses of Parliament [...] be questioned any where but in Parliament: Which sure would not have kept any Member of either House, from being proceeded against by Inditements preferred at the Common Law, if any of them could have been proved, to have been the Contrivers of the Tumult mentioned in your Lordships Apologie, or of Treating with any forreign power to invade this Kingdome, which was one of the Articles, as I remember, for I cannot at present recover a sight of them. So that upon the whole matter, I humbly conceive; that, supposing your Lordship to have been the Accuser of the six Members of [Page] Parliament, (which your own confession, that you advertised his Majestie of the danger, in which his sacred person [...] and divers Parliament mens were by those tumults, of which his Majesty chargeth them to have been the Contrivers, put to the rest I have formerly observed, doth well nigh bring home to you) I cannot see how you can avoid the unhappinesse of being reputed the sole occasion at least of the miserable condition, in which this Kingdome now is. For, since his Majestie, out of his Princely desire of the continuance of the Peace of his People, was gratiously pleased to have wholly deserted any prosecution of the accused Members, and since his Honour would (as I humbly conceive) have been as well saved by the producing, as it was by the suppressing of the particular suggestions against them, though they should have been acquitted by Parliament, it is not easie to imagine any sufficient cause, why his Maj [...]sty denyed the Petition of both his Houses of Parliament to declare the suggestors according to the Law in that case provided, besides his care of your Lordship [...] in retribution of your care of him, which was, or might be a truely princely consideration of his Majesties, but such a one, as I should have bin most humbly instant with his Majestie, not to have taken of me had I been in your place.

I have faithfully represented to your Lordship the hard condition wherein you are lodged in common esteem, and I wish from my heart it were as easie for me to help you out as it hath been to shew you how you came into it: But I doubt that will prove a much harder matter to do in these two latter, then I found it in the two former parts of your Apology: yet my making an attempt can do you no harm; and it may do you some good, if I can but sh [...]w you that you are not in a right way to help your self: you say you returned into England not with so much joy to see your Country, (indeed there was small cause of joy to be seen there at that time) as hope to be admitted upon your humble Petition to his Majesty for a fair regular impartiall vindication of your innocence. But if any man should aske, why you then procured his Maiesties licence to transport [Page] your selfe out of England into another Country, what can you answer? For in truth my Lord I know not, the common opinion of the world being, that it was in part to decline such a Triall. Indeed to do you right, I must observe, that in your fi [...]st Letter to t [...]e Queens Mai [...]stie written soon after your landing on the other side, it appears you had already some thoughts of returning: But it appears too, that you intended it not, till you should hear that the King had betaken himselfe to a safe place (as you found him at your returne) where he might avow, or protect his servants. And my Lord, I pray did not his Maj [...]stie avow many other his faithfull servants that were no Delinquents, and protect them well enough in the place where he resided when your Lordship left the Court? Therefore you added [From rage (I mean) and violence, for from Justice I shall never implore it:] But what cause had you to feare rage or violence, from which even the Lord Strafford was carefully and easily protected at his Triall? In your Letters to Sir Lewis Dives you expresse your selfe a little more fully, as one brother would do to another. Thus, God knowes I have not a thought towards my Country to make me blush, much lesse Criminall; But where Traitors have so great a sway, the honestest thoughts may prove most treasonable. This was the fi [...]st time that ever I heard of the danger of honest thoughts, of the danger of treasonable thoughts I had read before in a Sermon of Solomons. But where was it, that Traitors had so great a sway at that time? was it in the House of Commons? They either could, or would have done no more but accuse you, and if Traitors had so great a sway among them, their accusation would have had the lesse credit either with the Lords or with the World. Was it in the House of Peers? I know your Lordship will not say, that was your intendment, for if you should, it might much aggravate your fault, no way excuse your declining their judiciall sentence, it being notoriously knowne, that some time after your Lordship went out of England, the resolution of the House of Peers was not wholly guided by that of the House of Commons (witnesse the two offers at the Militia before that Ordinance passed in both Houses; and His Mai [...]sties owne Testimony in his Declaration of the twelfth of August, That the House of Peers could not yet be prevailed with to joyne with the House of Commons in their extravagances.) But your Lordship is now resolved, that, by the grace of God it shall never be sayd, [Page] that either the Parliament hath brought you, or his Majestie exposed you to a tryall, your own uprightnesse shall constantly sollicite it, and without recourse in this to either of their favours. I would to God you had been of the same mind; when you procured His Maiesties licence to go into Holland, and that in stead thereof you had been an humble suitor to his Mai [...]stie, to have distinguished the crimes he hath since layd to the charge of the accused Members of both Houses (in his often cited Declaration of the twelfth of August) into done out of Parliament, and done in Parliameut: And to have preferred inditements against them for the one, but have left the other to the determination of Parliament. For of the third sort, wch is, done by authority or command of Parliament, I presume there were few, if any, amounting to treason, to be pretended, much lesse prov'd, at the time of their first accusation. By this meanes possibly Justice might have proceeded against your Lordship and them, and the Kingdome might have continued in peace. Whereas now through your Lordships absenting your selfe, and the unhappy misunderstanding between his Maiesty & the Parliament touching the Priviledge of the accused Members thereof in the case of Treason, the whole Kingdom, not excepting the Members of both. Houses of Parliament are so divided, that all that take part with the one, are by the other declared to be Traitors; and while it so remainath, what pobissility is there, of such a fair, regular, imparriall triall for any man, either in Parliament or at Common Law, as your Lordship intendeth? For your Lordship (as it appeareth by your Apologie) is not resolved to stand as a iustified man to the world, or to fall as an [...]nnocent, till it please God to blesse this Nation with [...]uch a composure of the present distractions, as that Government and Law may have their rightfull course: And yet you are resolved not to accept a pardon from the King and Parliament, for treason, or for any voluntary crime, either against your Soveraign, or your Countrey. For ought can be perceived the accused Members are as fully resolved of this, but in the meane time the poor simple honest Country man is plundered on both sides, and while your Lordship, and those noble and worthy Members of both Houses stand so highly upon your innocence, he beares all the punishment, which I would they and your Lordship would lay to heart, lest that Cicero in Orat. ad Qu [...]ri: post reditum. Pro me praesente senatu [...], hominum (que) praeterea vigenti nullia vestem mutave runt. & Paulo post. Quum omnes boni non recusarent, quin vel pro me, vel mecum p [...]irent, armis decertare pro nica salute nolui, quod & vnicerc, & vinci lactuosum reipublicae [...]erc putavi. vide Reli (que) Romane rise up one day in iudgement against you and them, who chose rather to go into a voluntary [Page] banishment, then to be the subject matter of a civill war, and was so rewarded for that piety towards his Countrey, that he returned in a more glorious triumph, then by the Laws of that State he might have done, if all his enemies, which were also the enemies thereof, had been defeated by him. And yet I would not be iudged so partiall either to my selfe or to my Countrey Neighbours as once to let such a thought, much lesse a word escape me, that my hands and theirs have not been deep in the bloud hath beene shed. His Mai [...]sties Declaration to all his loving Subjects, published with the advise of his Privie Counsell, in Answer to the Remonstrance of the State of the Kingdom, set forth by the House of Commons the fifteenth of De [...]ember 1641. before the beginning of the troubles of this last yeer, hath an Oraculous conclusion. We shall now coniure all our good Subiects (of what degree soever) by all the bonds of love, duty, or obedience, that are pretious to good men, to ioyne with us for the recovery of the peace of that Kingdom (Ireland) and for the preservation of the peace of this, to remove all their doubts and fears, which may interrupt their affections to Us, and all their iealousies and apprehensions, which may lessen their charity to each other, and then (if the sins of this Nation have not prepared an inevitable judgement for us all) [...] God will yet make Us a great and a glorious King over a free and happy people. It was true most gracious Soveraign, it was true. Your high wisdom, elevated by that of your godly and prudent Senators, did well foresee and foretell, how your Maiesty and your People might still have been happy, if our sins had not so far provoked our [...]od to iealousie, that there was no remedy but his wrath must needs break forth against us to consume us, as it doth this day. For else it had not bin possible that his Maiestie and his great Counsell the Parliament should ever have entertained such a reciprocall iealousie and mutuall diffidence of one another as soon after this appeared, and hath since more fully bin discovered to the whole world, to the great scandall of his Maiesty, and of the Parliament, and to no advantage of the Subiect, or of the Nation, else it had not been possible, that through the same iealousie, His Maiestie and his high Court of Parliament should ever have differed (shall I say) so much or so little about the formality of proceeding against persons upon information, whether true or false, accused of high Treason, that although his Maiestie ommitted nothing [Page] that could have been done on his part, either for the rectifying of the mistake, which had already happened upon this occasion, or for the repairing, and asserting of an involuntary breach of priviledge, or for pr [...]venting of more, by his desire to be directed by them in the course he was to take; And though the Parliament on their part did not let to shew his Majestie the originall ground of that misprision, in that no Accuser appeared against the accused, and the House of Commons apart in a Committee thereof, Declared that they were so far from any endeavour to protect any of their Members that shall be in due manner prosecuted according to the Laws of the Kingdom, and the rights and priviledges of Parliament, for Treason or any other misdemeanour, That none shall be more ready and willing than they themselves to bring them to a speedy and due Triall; yet this misunderstanding brought thus neer to a right understanding, that nothing remained in difference, but whether his Majestie were to produce the Suggestor before the accused persons were put into safe custody, could never be reconciled by the helpe of divers Presidents since alledged in the very point. Else it had not been possible that the Ambassadors of the Prince of peace one great part of whose instructions is to perswade all the Subjects of his Kingdome if it be possible, and as much as in them lieth, to have peace with all men, should have opened their purses so wide on the on side, and their mouths on the other, to the beginning, furtherance, and continuance of so unnaturall a war; And that no one of them (that I have heard of) being all I hope the sonnes of Abraham, should have remembered us of whose words of his, Let th [...]re be no strife I pray thee, between me and thee, nor between my h [...]rd-man and thy herd-man, for we be brethren: though the Canaanite, and Perezite dwell in the Land, and are in great expectance to continue their possession, if not to drive us out through the advant [...]ge of this great contention between us, for, no greater a matter then I have sayd. Else it had not been possible, that learned and godly men of this Coat on both sides, The Resolving of conscience by Henry Ferne Doct: D. Sermon of Ier. Buroughs, [...]ntituled, The Lord of Hosts, &c. New Plea for the Parliament, And the Reserved Man resolved. So resolved by him that if he will keep a good conscience, and observe his principles, then as he hath put the case, and pleaded for the Parliament, the Reserved Man must a [...]st the King, which I conceive would please the pleader worse then his Newtrallity. whose onely businesse it is to preach the Gospell, and to advance the Kingdome of Heaven, should first have played the busie [Page] bodyes in taking upon them to resolve conscience in a cause depending meerly and entirely upon a point of our Law, and then to have been so unhappy in this undertaking, as to have done much more harme, than good to that side respectively for which they have appeared, if they also had not been as much blinded, that have been misled by them. Else it had not been possible that among so many wise, and religious men versed in affairs of State, as are to be found in this Kingdom, one onely Fuller Answer to a Treatise written by Doctor Ferne, wherein the originall frame, & fundamentalls of this government of England, togeth [...]r with these two Texts of Scripture. Rom. 13. 1. 1. Pet. 2. 13, are sufficiently cleared. (to my knowledge) seeing it thus mis [...]rably distracted by the involuntary seduction of silly sheep following their seduced Shepheards, should have put pen to paper to reduce them into the right way, & that he also sh [...]uld have mistaken it, who beside his saying that which is of great disadvantage to the cause for which he pleads, hath layd such a foundation, that the whole liberty of the Commons of England may be in danger to be overthrowne, by that superstruction he hath set upon it. And therefore, as one of them I must here protest against his building for my part. Else it had not bin possible, that all the many sollicitous endeavours, used by his Maiestie and the Parliament to prevent the kindling of a civill war, while the fire was yet raked up in ashes, and to extinguish it when it was but newly broken forth, should by the encounter of a certaine fatall kind of Antiperistasis on both sides, have rather encreased, then abated the heat of the smothering fire, and, like water sprinkled to quench, have made it rise up again into a more furious flame. Else it had not been possible, that so good a KING, and so good a PARLIAMENT, who had agreed in the enacting of more good Lawes for the ease of the Subject, then ever any before them did in a like space of time, should, upon so small an occasion, have come to disagree so far, that they should have charged one another with a respective purpose to introduce an unlimited, Arbitrary power over us, and to destroy one another, with the confessed apparent hazard of the kingdom of Ir [...]land. Else it had not been possible, that Arms should have been taken up by King and Parliament in defence of all, and every the very same things, and that men, who had taken a voluntary Protestation to defend all the same things, and one another in the defence of them, should thereby have thought themselves rather obliged to kill and slay one another, as they did at Edge-hill, and in many other places before and since, in the pursuance of their own private respective [Page] sence, then to Petition a publike agreement about the meaning of some words of great latitude, and very extendible in the said Protestation, and in the mean time for a peace about the thing, signified by them.

To the reducing of all which incomprehensible possibilities into act, our sins indeed had made this kingdom [...]inder, but the fi [...]st spark came from your Lordship in the generall bel [...]ef of the peopl [...]. And if I unde [...]stand their disposition, your offer to put your s [...]lf upon your Tryall, whether it were you or no, wh [...]n the fire which now rageth so fiercely, shall be utterly extinguished, will hardly obtain the charity you implore in the mean time. If any thing will do it, the notice may be taken of your bestirring your s [...]lf with all your might, and diligence [...]o help, and get help to quench it; if you shall really and fervently imploy your own, and all your friends hands to that purpose, is the most likely way to save your reputation with them. Your Lordship knoweth what hath been r [...]ported to His Majesty, of a Speech of Master Pyms, That what disservice soever any man hath done formerly, if his present actions w [...]re such as brought benefit to the Commonwealth, he ought not to be qu [...]stioned for what was past, but cherished and protected. And his Majestie giveth an example of some persons, by whose mis-information and advise the last unhappy meeting in Parliament was disolved, who are now looked upon unde [...] another Character. I suppose for their good service in this. Up and be doing the like, and the Lord be with you. You cannot yet be charged to have so much as occasioned the dissolution of this once happy Parliament through mis-information. Preserve it from the danger some wise men think it is in of being destroyd, and all Parliaments in it; and why may you not hope this good service may preserve you? I know your Lordship can never incline to follow the example upon the unworthy principles of some men, that have given it, you have upon all occasions expressed a truly noble heart, and such a one will never suffer you to entertain base thoughts of complying, and striking in with those that have the favour of the time, without any regard of the wayes taken by them, or of making your self, and your interest, or subsistence the measure of your judgement, and proceedings in affairs of State, you say, you walk by other rules, and I beleeve it. You have been then most zealous, and fervent for the Liberties of the Sub [...]ect, when the power of the Court was most prevalent; and for [Page] the rights of the Crown, when popular License was most predominant. And if there should be yet another revolution of those Orbs, (whereof I can make no good judgement in the low valley where I live, but I do not like the Phaenonema which appear to me there) I am confident the remembrance of the great comfort you received in your countries acceptation of your fi [...]st attempts in its service, at a time when the Court was at highest, will be an effectuall motive to engage you in the same course again, the rather for your being so little indebted to the world for good usage in the time of your affl [...]ction; which will be an excellent Foil to set off the lustre of your magnanimity. And in the mean time, what can be more noble, then for your Lordship to become the secret advocate of those men, of whom, by common fame you stand charged to have been the secret Accuser? Or who can be so powerfull an Advocate for them with his Majestie? Or wherein can you do the King more true service, then in doing them good offices to His Majesty so far, as you may with truth?

I hope with truth so much may be sayd by your Lordship of them, and by them of your Lordship, as may satisfie the King and Kingdom of all your loyalties to His Majestie and to your Countrey, if you were once put into that way, which I wish some abler man would endeavour, but I will shew my good will to the work. The time is not long since your conversation was, and you made or endeavoured to make your friendships with those whose experience, and abilities were most eminent for the publick service. Some of the accused Members in all appearance were some of those men, & I will not despair to live to see your friendship with them redintegrated the more firmly by the great breach hath hapned between you. In any thing that was necessary, or but probably pretend [...]d to be necessary for the Common-wealth, you never differed in the least degree. If this be true (as by that I have heard otherwise, for my part I beleeve it) they have opportunity and ability to make it knowne to the two Houses of Parliament, and how the repo [...]t of this is like to spread, and be multiplyed among the Common people in all Countries, if it were once d [...]rivabl [...] from such considerable Authors, your Lordship hath had experience by the contrary. But in improvements, in reall alterations which were to be governed by prudentiall motives, you were not alwayes of one mind. I am sorry for it, but I do not wonder at it. I should have had greater suspition of you and them, if you [Page] had not sometimes differed in such points. I know a man to whom our late Soveraign King Iames of famous memory gave a great Schooling for his presuming to differ from his Maiestie in hi [...] iudgement of his affairs, that either answered, or had much ado to forbear answ [...]ring, that although his Maiestie was incomparably the most politick and best Prince in Europe; yet he that made shew of being allwayes in all things of his mind in his affairs of State, was either a foole or a knave. The reason of which Apothegme may satisfie his Maiesty that now is, and all his people, of your, and their wisdome and integrity to both their service, the rather in respect of the variety of your opinions concerning it. Your Lordship it seemeth went by a good rule not to be too hardy to incline to great mutations in State. But he was one of the wis [...]st men of his age Francis [...]ord Verulam. (for judgement) that observed, that, Time is the greatest innovator, and then asked, if time of course alter things to the worse, and wisdom and Counsell sh [...]ll not alter them to the better, what shall be the end? My Lord, no man is a greater admirer of the wisdom our Anc [...]stors have shewed in the ancient constitutions of this Kingdome than I, according to the small measure of my understanding in them; And yet, since time hath made so great an alteration in the Domestick grounds of some of their prudent constitutions, and our neighbour Kingdomes are so much altered too, from what they were in former ages, I will be bold to say, That neither the King nor Kingdome can attain to that grea [...]nesse, nor happinesse which all good Subiects ought to wish unto them both, without a great alteration by mutuall free consent in things concerning them both, from ancient customes and present Statutes. By that light your Lordship, and the publicke proceedings have given me, I guesse that in this point your Lordship was too short, in thinking that as soon as the Trienniall. Bill was passed (in the procuring whereof you had so great a part) all our other desires would effect themselves, and that we were freed from all publick fears. And they on the other side, after the passing of the Act for the continuance of this Parliament, were perhaps too long before they came to be of your mind, That there was then no more to be thought on, but how in a gratefull return to his Ma: to advance his honour and plenty [...] as you have often heard those principall Intendents of the publicke good most solemnly professe they intended. But I will not engage my selfe in this so bold discourse further than this: That if your Lordship be (as I am) absolutely of opinion, that they do yet [Page] most sincerly intend what they so solemnly professed, your Lordship ought to do them right to his Majesty in that point, wherein you shall do as much to your selfe. Your Lordship relateth no particular difference, but one in the b [...]sinesse of the Church; and to that I will restrain my selfe. In that you say, having had frequent consultations with the chiefest Agents for a Reformation, and finding no three men to agree upon what they would have in the place of that they all resolved to remove, you agreed not with the prevailing sence, having not hardinesse enough, to incline to a mutation, which would evidently have so great an influence upon the peace, prosperity, and interest of the Kingdom. This very reason of your Lordships would have prevailed with me to incline to a mutation: yet if this were your only consideration, which I should beleeve if I had not heard of another mentioned at the beginning of this Answer; Or if this and that joyned together were all your motives to stand so stiff for the retention of Episcopacy, what honest wise man can blame you for it? For me, I have not wit enough to find your fault, And yet I am so much of another iudgement, that I conceive the peace and prosperity of this Kingdom (diseased as now it is) will not be perfectly recovered without an utter abolition of Episcopacy, though a reduction thereof to the pattern of the primitive institution of Diocesans may possi [...]ly be a fitter remedy for the present distemper, between which two [...] am much divided in my own thoughts [...] but I rather prope [...]d to an abolition, I think the reasons which have been given by the Church and Counsell of Scotland, The Scots Declaration of August 3. 1642 printed Sep. 1. by the order of our Parliam. together with an Extract of the Acts of the secret Councell of Scotland, Aug. 18. to this purpose very considerable. But that which moveth me m [...]st is the great swarm of Sectaries wch is up among us, & which certainly will ner'e be well h [...]ved under an Archbishops Pall, or a Bishops Miter [...] if peradventure they may be gotten under any government, which I conceive to be a matter of infinite importance to the quiet of this Church and [...]tate; And I see it is so apprehended by his Maiestie. For they are all agreed that Bishops are Antichristian. The two small Books of one Non-conformist have operated more toward the staying of good Christians in this Kingdome from seperation than two hundred volumes as well written of the same Argument by Prelates or prelaticall men could have done. Indeed he was the most iudicious, and moderate Non-conformist, after M. Bain [...]s that ever I heard of, M. B [...]ll of Whitmore. And though I am not of that mind in their sence, yet I cōceive the institutiō of the superiority of B [...] over Presbiters was the first step by wch Anti-X [...] ascēded [Page] into his Throne of universall Bishop; and I would therefore have it taken down in due time, being of the beleef that a principio non fuit sic, is the only right rule of Reformation. But whether this and some other steps yet standing in our Church should be quite taken down all at once, is [...], a sceptick questio in a matter of State. For the Apostles themselves had respect to considerations of prudence in the abolition of ancient usages, and so may we. The reason for the doing of the worke by pieces which swayeth with me is your Lordships, expressed thus, Let us resolve upon that course wherein (with union) we may probably promise our selves, successe, happinesse, and security: which whether we shall do in a present utter demolition of all manner of Episcopacy so much still affected by many of our grave learned and godly Divines, I do a little doubt, and I do not see how we can want their labours without greater inconveniences to our church, then in retaining primitive Diocesan Bishops or superintendents for a time, till there be a cleer plurality of learned godly Ministers, which can hardly be hoped for, till some Laws now in force have bin altered some good time. But your Lordp hath made a most prudent motion, That if it stand with order of Parliaments) wee may desire that there may be a starding [...]ommittee of certain Members of both Houses, who (with a number of su [...]h Learned Ministers [...]as the Houses shal nominate for assistants) may take into consideration all the Grievances springing from the misgovernment of the Church, and advise of the best way to settle pe [...]ce and satisfaction in the government thereof, to the comfort of all good Christians, and of all good Commonwealths men. Lord Digbies Speech concerning Bishops. whereunto, and to many. other passages in your Lordships Speech touching Bishops, if they that are most against them would take due heed, they would be lesse against your Lordship, and their own ends then they have been and are. We might have had the same ease for tender consciences in the dayes of Queen Elizabeth, which his Majesty is most graciously inclined to grant now, if some fiery Zelots of that time had not answered Secretary Walsingham (imployed to sound whether that would content them) that they would not leave a hoof of Israel in Egypt. Which rash answer kept them, and so many godly Ministers, and people since their times so much longer in the Egypt, your Lordp. hath so well described. God give us more wisdom now. Rome was not built, nor will be pulled down in one day. And therefore I see not why your Lordship, and those other Parliament men with whom you consulted, might not have well agreed about this Church-work, or why his Maiesty, or any other truly religious man should be offended either with your temper, or with theirs in it.

[Page]Oh but his Majesty hath heard of the License taken by them at their private Cabals to undervalue and vi [...]ifie the Kings person, and power: Of their having designed to have taken the Prince his son from him by force; nay to have se [...]sed on his own sacred Person: Of a solemn Combination, and Conspiracie entred into by them, for altering the [...]overnment of the Church and State: Of their soliciting and drawing down Tumults to Westminster to remove all that stood in their way (Bishops, Popish, Evil, and Rotten No wood is neerer to rottennesse. then some that seemeth to shine. hearted Lords) by a kinde of force; and by the same means to awe such of the House of Commons as were not of their mindes in all things: Of some of the Clergie, who were their Emissaries, and chief Agents to derive their seditious directions to the people, when there was need of their help: Of their treating with forreign power to assist them assoon as their designs should be ripe: Nay, his Majesty can prove much of this by their own Letters. I will not here repeat what I could extract out of the Declarations of both Houses of Parliament of as many other as strange tales told of designes of his Majesties so credibly, that it seems they have been believed by so wise a Senate. I will keep my self to your Lordships Apology: And that you may reflect the more sadly upon the condition of these Gentlemē by looking upon your own: Let me in the first place beseech you to cast your eye upon these passages. What collection was made of your being observed to be at Court: what report was made in the City of that you delivered in the House of Commons to the Bill of Attainder: what censure you incurred for suffering that Speech to be printed without your privity; and yet could find no meanes to clear your selfe: what portion was designed to you for going to Kingston upon Thames in a warlike manner in a Coach and six hired horses with one single man in the Coach with you, and one servant riding by you to the terror of the Kings liege people [...] what a dangerous Letter your first to the Queens Majestie was, by the interception whereof your going upon your Masters errend in the equipage abovesayd came to amouut to levying war against his Maiesty: what other glosses were made on your other Letters. Then turne the tables and aske your selfe whether by like unlucky chances the accused Members may not have as hard an after game to play as you. Whether his Majestie, allowing him to be the wisest Christian King in the world (as I think him) may not yet be more easily mis-in [...]ormed, and more hardly disabused, [Page] then his two Houses of Parliament. Whether that which his Majestie hath heard of discourses held by them at their private meetings, and of Messages sent by them to their confederates, be not more subject to misreport and mis-interpretation, than that which was spoken by your Lordship in Parliament before so many hundred witnesses: whether as probable tales might not be told of their design upon the persons of the King, Queen, or Prince, as of our your Lordships being an enemy to Parliaments, treating with Danes, or being at the head of the rebels [...] in Ireland, and yet as little truth in them: whether their conferring among themselve [...], and consulting with others in this Kingdom, or of a for [...]eign Nation, of the wayes and meanes, and manner of altering any part of the government of this Church, or State into a better form, and of the opposition they were like to find therin; were not as convertible into a solemne Combination and conspiracie to do it by force, as the Message you delivered to forty or fifty Gentlemen totally strangers to you, was to be metamorphosed into the sh [...]pe it was: whether there they may not have had as little hand in the Tumults whereof they are charged to have been the [...]ontrivers, as your Lordship had in that which your brother did without your knowledge, and yet whether they may not have met wit [...] as great difficulties to come to clear themselves from the treasonable speeches vented in them: whether the imp [...]tation layd upon many godly Ministers of the City and Country may not be the dreggs of that cup of the Prelates vengeance, which your Lordship hath so lively expressed in your Speech concerning them, Me thinks the vengeance of the Prelates hath beene so laid as [...]f 'twere meant no generation, no degree, no complexion of mankind should escape it. Was there a man of a nice and tender conscience? Him have they afflicted with scandall in Adiaphoris, imposing on him those things as necessary, which he thinks unlawfull, and they themselves knew to be but indifferent. Was there a man of a legall conscience, that made the establishments by Law the measure of his Religion? Him have they n [...]ttled with innovations, with fresh introductions to Popery. Was there a man of a me [...]k and humble spirit? Him have they trampled to dirt in their pride. Was there a man of a proud and arrogant nature? Him have they borest with indignation as their superlative insolence above him [...] Was there a man peaceably affected, studious of the quiet and tranquility of his Country [...] Their incendiariship hath plagued him. Was there a man faithfully addicted to the right of the Crown, loyally affected to the Kings Supremacy? How hath he been galled by their new oath, a direct Covenant against it? Was there a man tenacious of the liberty and propriety of the Subject? Have they not set forth books, or Sermons, o [...] Canons destructive to them all. Was there a man of a pretty sturdy conscience, that would not bl [...]nch for a little? Their pernicious oath hath made him sensible, and wounded, or I fear prepared him for the Devill. Was there a man that durst m [...]tter against th [...]ir insolences? Hee may enquire for his luggs, they have b [...]en within the Bishops Vi [...]tation, as if they would not onely derive their brandishment of the spirituall Sword from Saint Peter, but of the materiall one too, and the right to cut off ears. Lord Digbies Speech touching Bishops. or at the worst may not be imputed to the impatience of those their former sufferings you have so largely set forth, which is an excuse his Majesty hath been gratiously pleased to make for others in as great a fault. And lastly say that [Page] for the Letters of the accused Members which you have sayd for your own, and then upon the whole matter judge, whether without breach of charity (which begins at home) you may not conceive it possible they may be as innocent, as you know your selfe to be, and then I hope they may judge the like of you, and the King and Kingdome may be of your mind and theirs.

But how then came they, and you, and the King and Parliament to have such strange impressions of one another? Oh that it were a world to be merry in! I should then dare to say pleasantly, that I doubt the story of this last yeer may at last prove a Romans of the Devils making in a great part of it. But I must be serious, and I will therefore say soberly, The envious man hath sowne these tares of jealousie, and calumny (which ever grow up together) while his Majestie and his Parliament slept, and the watch-men of our Israell slept also in part, and in part were otherwise too busy, and I, and such as I, thought good seed sowne in so good a season, and ground, would spring up of it selfe though we neither watcht nor prayed; and it may be gloried and trusted more in those noble Worthies (for that name we had given them, and it may be they may have been too ready to assume it) then in God that instructed them how, and when, and what to cast into the ground. Ex illo sluere, & retro sublapsa referri Spes &c. —How should the Devill have upheld his Kingdom if he had not divided this, when King and Parliament, and priest and people were so well agreed, and in some sort almost all inclined to advance the Kingdome of Jesus Christ in it? When the Parliament had procured from his Majesty such redresses of the grievances of the Subject as were to their and the Kingdomes abundant satisfaction, and yet his Majesty of his superabundant grace desired, and desired, and urged and pressed to know what they desired more, by his so often reiterated Message of the 20. of Ianuary (which will be a more lasting monument of his wisdom and goodnesse then any can ever be errected for him by the Prince his Son) and when the Kingdom thus far secured, and [Page] offered to be secured at home, at the same time enioyed so universall a peace abroad, that it had no visible enemy in the whole world, either infidell or Christian (as hath been well observed by my Lord your father) how should this envious enemy of mankind have hindred us of this Nation from being happy, but by kindling & fomenting iealousies and dissensions, & at length blowing them up into a war among our selves? What is there never a Loyall Subiect in this Kingdom so famous for Loyalty? Are the best men in it become the worst Subiects? Are all the godly Ministers in our Church suddenly grown to be Popishly, or Seditiously affected? Is the most clement of our Kings turned enemy to his Parliament, that is to [...]is people, that is to Himselfe? Hath the best Parliament we ever had, a mind to traduce, to revile, to destroy their King? Are the many persons of honor and integrity in this Nation, all in disesteem with King or Parliament? Shall the accused Members (one of them M. Hamp [...]n, which Testimony I give him meerly for love of truth, having beene much disobliged by him in my owne particular. being a true Israelite in the beleef of all Israel) be made guilty of the treasonable words utterd by any base fellow, or other person without their knowledge, by an advantage of Law through your Lordships suggestion? Or shall your Lordship be found a Traytor through their or any of their instigation, for the desperate words vented by any Ruffian that mingled himselfe in his Majesties train without His or your Lordships consent or approbation, or for any such like matter? Now the Lord rebuke thee, O Sathan, yea the Lord that hath often miraculously saved this Kingdom rebuke thee.

The great dexterity your Lordship hath to manage these things, I have now suggested, and many more will arise in your own thoughts to the same purpose, may possibly be so well imployed by the good instructions you may receive from one (known to be as able, and who may be as willing to have his hand in all this, as Ioab was to prepare the widdow of Tekoah to tell her well made tale) that his Maiesty may once more be gratiously pleased, not only to have the supposed fault of the accused Members wrapped up in the bundle of the unwilling and unknowing errors of his Subjects, and so pardoned among the rest; but to receive them into his favour. Your Lordship remembers your own words, that it was a principall [...]oy to you, to see those persons, who had been the prime Actors in the happy Reformation of this Parliament so acceptable at Court. Pray to God to give you the same ioy again. The Kings admirable clemency hath produced many as [Page] great wonders in his Raign. My Lord your father is an example in the very point. And the Kings heart is still in the same hand, that turned it towards him after as great an aversation. And if your Lordship once find this great block that lyeth in the way of the peace of the Kingdom begin to stir, then put all your own, and your friends strength to it. Have no doubt that you shall not receive the like favour from the accused Members, though you never convey to them the least knowledge of that you have done in their behalfe. Solomon hath observed, that when a mans wayes please the Lord, he maketh his enemies to be at peace with him. And a wiser then Solomon hath made a further observation, that with what measure we meet, it shall be measured to us again, which it may be your Lordship, or they have found already in ill measure. He hath also promised, that almes done in secret shall be rewarded openly. Stay not here but do your debvoir towards his Maiesties speedy returne to London, in reparation of the ill advise you were thought to have given about his withdrawing from thence. And if this breach between your Lordship and them (the first wound in the representative body of the Kingdom) were once perfectly consolidated by a generall pardon, and Act of Amnesty, why might not his Maiesty safely take his place where he sits as head over that his body, without the enacting of any more of these new Laws, which one hath lately propounded, Considerations upon the present State of the Kingdom, dedicated to the City of London in December. 1642. I hope in respect of the hardnesse of mens beleef (as Moses did his Bill of divorce) else I must differ from him also in them. But I wholly agree with him in this, that the most necessary action to be first done, before or on the day of His Majesties and his Parliaments meeting, were a most solemne humiliation for the blood hath bin shed (which can never be so put off from one to another, but it will still lye on the Land) and for the many robberies have been [...]ommitted, not by Prince Rupert (who is least guilty of them) but by one English-man, one Christian, one Protestant upon another. And in sum for all those sins, wherewith we, and it may be the King and Parliament have provoked our God to jealousie; As we have cause to feare in respect of the spirit of jealousie he hath sent among us, and between the [...]: for the iudgements of God on men, do not seldome point to that sin, wherewith they first grieved him. This will well set off the action of thanksgiving no lesse necessary to be performed for such a happy meeting. And here may be some thing more yet, needfull to be done, for the doing [Page] whereof, as no subject is so able, so in some respect no man is so fit, as my Lord your father, and which if I be not mistaken, would make him as acceptable to the people, as his extraordinary experience and abilities have rendred him to his Majesty, which for the Kingdomes sake, I wish he were, though I have no obligation to him, and some great persons to whom I am infinit [...]ly obliged think they have had as little to him as I.

Heark! me thinkes I heare a noyse of ten thousand times ten thousand people, making the earth to shake, and the mountaines Eccho with ioyfull acclamations. God save the King, God save the Queen, [...]od save the Prince. And after a due pause, then a confused murmur of as many thousands saying one to another, See how their Maiesties and His Highnesse reioyce in the ioy of the two Houses of Parliament waiting on them, and in the ioy of all their People. Glory be to [...]od on high for the peace he hath given us. And after this a whisper of many asking every on of his neighbour, Which is the Lord Kimbolton? which is the Lord Digby? which are the five Members of the House of Commons? Are they also reconciled and become better friends for their late bitter falling out? And may we hope that all the Noblemen, & [...]entlemen, and all other sorts of people in the Kingdom will take up the same fashion? This is the Lords doing, blessed be his holy name. Am I not deceived? No I am not. I will quit my Eremites weed to go see this great sight, and to give my Plaudite to this happy Catastrophy of our Tragicall Comedy, then returne to my Cell, and to my only ambition there, to attain to that Heaven upon Earth,Francis Lord V [...]rulant. which the great Philosopher of our Age and Nation hath expressed in his language, (that is in the best was ever spoken by English man). To have my mind move in charity, rest in Providence, and turne upon the Poles of Truth.

§

Madame.

I Shall not adventure to write unto your Majesty with freedome, but by expresses, or till such time as I have a cipher, which I beseech your Majesty to vouchsafe me. At this time therefore I shall only let your Majesty know where the humblest and most faithfull servant you have in the world is, Here [...] Middleborough, where I shall remain in the privat [...]st way I can, till I receive i [...]structions how [...] to serve the King and your Majesty in these parts. If the King betake Hims [...]lfe to a sa [...]e plac [...], where he may avow and protect his servants from rage (I me [...]n) and vi [...]lence, for from justice I will never implore it, I shall then live in impatience and in misery, till I waite upon you. Bu [...] [Page] [...]f after all he h [...]th done of late, he shall betake himselfe to the easi [...]st and complyantest wayes of accommodation, I am confident that th [...]n I shall serve him more by my absence then by all my industry, and it will be a comfort to me in all calamities, if I cannot serve you by my actions, that I may do it in some kinde by my sufferings for your sake; ha [...]ing (I protest to God) no measure of happin [...]sse or misfortune in this world, but what I derive from your Majesties value of my affection and fidelity.

Middleborough the 21. of Ianuary, 1641.

The Supscription of the Letter. For my Worthy friend Sir Lewes Div [...]s Knight [...] at the Earle of Bristolls house i [...] [...], LONDON.

Deare Brother,

I Hope you will have received the Letter which I wrote unto you from aboord Sir Iohn Pe [...]ington, wherein I gave you account of the accident of O Neals man, and why I thought fitting to continue my journey into Holland; going still upon this ground, [...] if things go on by way of accommod [...]tion, by my absence the King will be advantaged: I [...] the King declare Himsel [...]e, and [...]tire to a safe place, I shall be able to wait upon him from h [...], as well [...]s out o [...] any part of England, ov [...]r [...]nd above the service which I may d [...] Him here in the mean time. Besides, that, I [...]ound all the Ports so strict, that if I had not taken th [...]s opportunity of Sir Iohn Penningtons forwardnesse in the Kings se [...]vice, it would have bin impossible for me to have gotten away at any other time.

I am now here at Middleborough, at the Golden-fleece upon the Market, at one Geo [...]ge P [...]r [...]o [...]s h [...]us [...], where I will remain till I receive from you advertisement of the state of things, and likew [...]se inst [...]uctions from their Maj [...]sti [...]s; which I desire you to hasten unto me by some safe hand [...] an [...] withall to s [...]nd unto me a cyph [...]r, whereby we may write unto one anoth [...] fr [...]ly. If you knew how [...]asie a passage it were, you would o [...]fer the King to come [...]ver for some few dayes your s [...]lfe. God knows I have not a thought towards my [...]ountry to [...]ake [...]e blush, much lesse criminall; but where Traitors have so great a sway, the [...]onest [...]st thoughts may prove most trea [...]onable.

Let Duk S [...]lty be di [...]patcht hi [...]h [...]r [...] speedily, with such black clothes and l [...]nnen as I [...]; and let your letters be directed to the Baron of Sherborn, for by that name I live unknown. Let care be taken for Bils of Exchang [...].

Middleborough. Ian. 20. 1641,

Yours

The Lord DIGBYES Letter to the Queens Majesty.

Madam,

HAGUE, March 10. 1642.

IT is the first contentment that I have been cap [...]ble of this long time, That your Majestie [...] safely arrived in HOLLAND, Withdrawn from a Country so unworthy of you.

I should have wa [...]ted the first upon you, both to have tendred my duty according to my pre [...]dence of oblig [...]tion abov [...] others, and to h [...]ve informed your Majesty the timeliest, of the state of this place, wither you are coming, both in point of affect [...]ons and in [...]erests, but that there flie about such reports, that the Parliament hath d [...]sir [...]d your Majesty not to admit me to your Presence, as I da [...]e not presume into it without particular perm [...]ssion. The grou [...]d of their mal [...]volence towards me in this particular, is said to be upon some Letters, which they have presumed to open, directed unto your Majesty from me, which I pro [...]esse I cannot apprehend; for I am certain, that I have not written to your Majestie the least word that can be wrested to an ill sens [...], by my greatest en [...]mies, having not so much as mentioned [...]ny businesse to your Majesty since I left England. To the King I wr [...]te on [...]e with that hardinesse, which I thought His a [...]aires and complexion required; but that [Page] L [...]tter was sent by so safe hands, as I cannot apprehend the miscarrying of it. However M [...]am, if my misfortune be so great, as that I must be deprived of the sole comfort of my [...], of waiting on Your Majesty, and following Your fortunes; I beseech You, let my doome be so signified unto me, as that I may retire with the least shame, that well may be, to bewaile my unhappinesse, which yet will be supportable, if I may be but assured that inwardly that gen [...]rous and princely hearts preserves me the place of

(MADAM,)

Your Majesties most faithfull, and most affectionate humble servant.

Master Ellyots Letter to the Lord DIGBY.

My Lord,

YOu have ever been so willing to oblige, that I cannot despair of your favour in a busin [...]sse wher [...]in I am much concerned; The King was pleased to employ me to London to my Lord Keeper for the Seals, which though after two hours consideration he refused, yet being resolved not to be denied, my importunity at last prevailed; which service th [...] King hath declared was so great, that he hath promised a reward equall to it; it may be the King expects I should move him for some place, which I shall not do, being resolved never to h [...]e any but the Queen, being already so infinitely obliged to her for her favours, that I confesse I would owe my being onely to her; nor shall I ever value that life I hold, but as a debt which I shall ever pay to her commands: The favour which I desire from your [...] Lordship, is; That you will engage the Queen to write to the King, that he would make me a Groome of his Bed-chamber, which since I know tis so abs [...]lutely in her power to doe, I shall never think of an other way, for which favour neither her Majesty nor your Loydship shall ever finde a m [...]re reall servant. For our affairs they are now in so good a condition, that if we are nor undone by hearkning to an A commodation, there is nothing else can hurt us, which I feare the King is too much enclined to, but I h [...]pe what he shall receive from the Queen, will make him so resolved, that nothing but a satisfaction equ [...]ll to the injuries he hath received, will make him quit the advantage he now [...]th; which I do not doubt will be the means o [...] bringing your Lordship quickly hither where you shall finde none more ready to obey your Commands,

Yorke the 27 of May, 1642.

Then your most faithfull and humble servant, THO: ELLIOT.

Observations upon the same Letters.

THe Lords and Commons have commanded these ensuing Letters and Votes to be printed. The copy of a Letter writt [...]n by the Lord Digby to the Queen the 10 of M [...]ch [...] last, of his own hand-writing, An origin [...]ll Letter w [...]itten to the Lord Digby, by M [...]st [...] Thomas Eliot from Y [...]ke the 27 of May last, Two notes of Arms, the one of wh [...]ch is partly His Maj [...]sties own hand, both found among my Lord Digb [...]s papers: In the Letter of the Lord Digby to the Qu [...]n, it may be observ [...]d, how he discovers his venomous h [...]rt to this Kingdom, in that malicious censure, th [...]t we are a Countr [...]y unworthy of h [...]; unworthy indeed to be so often designed to [...]uine and destruction, to be undermined and circumvent [...]d by so many plots and devillish projects of Iesuits, and Priests, and other the most factious and malignan [...] spirits in Christ [...]ndome, by which we had been often ruined and destroyed, i [...] Gods wonder [...]ll mercy had not preserved us [...] and we call his Divin [...] Majesty to witn [...]sse, th [...]t we have n [...]ver done any th [...]ng ag [...]inst the personall safety or Honor of Hir Majesty; onely we have desired to be secured from such plots, from such mischi [...]us Engine [...] th [...]t th [...]y mig [...]t not have the favour of the Court, and such a [Page] powerfull influence upon His Majesties Councels, as they have had, to the extream hazard not onely of the civill Liberty and Peace of the Kingdom, but of that which we hold de [...] rer much than these, yea, then the very being of this Nation, our Religion, whereupon depends the Honor of Almighty God, and salvation of our souls, Let this Lord, who w [...]s long amongst us, and knew the grounds of our proceedings, and most secret consultations, produce any thing (if he can) of undutifulnesse, or dis-respect to her Majesty, exprest or intended by us.

Another discovery in the Letter is this, That this Lord confes [...]eth that he writ to His Majesty with the hardinesse which he thought His af [...]airs and complexion required; what this was, may well be perceived in a Letter from himselfe to the Queen, heretofore printed by our direction, his affairs in the judgement of this Lord required, that he should withdraw Himselfe from His Parliament, betake Himselfe to some place of strength, such was the counsell he then gave Him, and how well it hath bin followed, every man may perceive; but what His Majesties Complexion required, that may seem a greater mystery, and yet this may be collected out of that Letter; That His Majesty in the appr [...]h [...]nsion of this Lord, was too inclinable to an Accommodation with His Parliament, which in a kinde of scorn in that Letter; is called the easie, or the sage way; this Complexion so beseeming a good Prince, required such a hardy and vehement provocation to wrath and war against His Subjects, as this Lord presumed to expresse in that Letter, and besides his treachery to the Kingdom, we may herein observe a great degree of insolence and contempt towards His Majesty, that he shoul [...] dare in a Letter to the Queen, to tax His Majesties Complexion with so much as mildnesse towards His people, must needs be required such hardy and bold Couns [...]ll.

In Master Eliots Letter it may be first observed, That whilest His Majesty contests with His Parliament for some questionable Prerogatives concerning the Common-wealth, His own servants do really deprive him of an undoubted Prerogative, of being the Soveraigne disposer of favours and preferments in His own Family, which this Gentleman doth expresse in that resolution, never to have any place about His Majesty, but by the Queen, and may be further observed what these desperate Counsels about the King are most afraid of, and what they think most hu [...]tfull to themselves, that His Majesty should be inclined to an Accommodation with His people; By this they fear to be undone, that is to lose that prey, the estates of the Parliament men, and other good Subjects, which they have already devoured in their own fancies, and that they expect to be preserved from this undoing by the Queens interposing.

By these two Notes may be observed, that at the time whilest so many Declarations were published in His Majesties Name, with solemne Protestations of His Majesties intentions of raising onely a Guard for His own Person, all sorts of Provision for an Army were made beyond the seas, and this poore Kingdom designed to the misery and confusion of war, and under the disguise of defending the Protestant profession, an Army to be raised in the intention of these wicked Counsellors, for the suppressing and destruction of the Protestant Religion.

A Note of the Arms sent for by the KING from Amsterdam.

C. R.

Two hundred fire-locks. 4 peeces of Cannon for battery, viz. 1 Cannon. 1 Demi-Cannon. 2 whole Culverin. 2 Mortars. 4 Petards. 10 field-peeces of 6 pound bullet mounted. One hundred Barrels of powder. Round shot and case proportioned to the severall [Page] Pieces. Two thousand pair of Pistolls. One thousand Carbines. Three thousand Saddles. Three thousand Musquets. One thousand Pikes.

C. R.

Iran de gerre a Amsterdam & Bartholetti. Agent de la langravine de Hen. Wickford.

§

Die Lunae 1. Augusti 1642.

Ordered, that the Letters from the Lord Digby, and M. Thomas Elliot, and the Note of arms sent for by the King from Amsterdam, be printed: And that it be referred to the Committee for the Defence of the Kingdom, to prepare a Pre [...]mble, and to make some Observations upon these Letters.

H. Elsynge, Cler. Parl. D. Com.

Postscript.

TO give my self the honor of becoming your Lordships Gentleman-Vsher in the way of retractation, I shall not blush freely here to confesse that when I made that mine Answer to your Lordships Speech to the Bill of Attainder, I had not observed that the breach of the Sabbath among the Iews was punishable by death by any Command of God, before that which was given upon the occasion of the gatherer of sticks, which was a manifest ignorance in me. For Exod. 31. 14. we find these words, Ye shall keepe the Sabbath for it is holy unto you, every one that defiles it shall surely be put to death, for whosoever doth any worke therein that soul shal be cut off from among his People. Whereby it seemeth that the question about the stick-gatherer was in the regard of the lightnesse of the work he had done; or of some other occasion now unknown to us, but that makes no difference in the case, in respect of the use I made of the example. And upon this occasion I cannot forbear to observe, that the gross [...] breaches of all the Commandements of the first Table were made Capitall by God; which is a matter worthy of much consideration by them that have the Legislative power in all Christian States. There is yet another greater slipp in that Answer of min [...]. Where having that in my thoughts which your Lordship hath so well expressed as I have recited it in the beginning of that page. There is in Parliament a double power of life and death by Bill; a judiciall power and a Legislative power [...] the measure of the one is what is legally just, of the other what is prudentially, and pollitickly fit for the good and preservation of the whole. I [...]n my Answer thereunto expressed my selfe too short in these words, But in either of those cases to deny unto that Represent [...]tive body, the High Court of the Kingdome, a liberty to do any thing not unjust in it self, (though not as yet legally declared to be just) for the preservation of that gre [...]er body it represents, when according to the sincere judgement of prudence and pollicy it cannot be suffciently secured by Laws already made, is neither agreed [...]e to the Law of nature [...]or of the Land, n [...]r of God, nor to a rule of your Lordships own. Whereas I should have s [...]yd to do any thing by Bill. For so it was propounded by your Lordship, and intended by me, having your words in my phancy, and such was the case of the Lord Straffords Attainder [...] which I was to maintain, against whom the House of Commons thought better, to proceed by Bill even after a judiciall hearing, to av [...]yd the inconven [...]nce of affirming, or seeming to affirme an arbitrary power in the House of Peers in their proceedings by way of judi [...] ture, in the c [...]se of Treason. The use whereof their Lordships themselves have I think allwayes [...]s carefully declined ever since the Statute of 25. Edw. 3. whatsoever power by that Statute may be thought to remain in th [...]m.

The Printer made many faults which being none of mine I will not trouble my selfe to [...]mend, nor those he may have made in this my Answer to your Lordships Apology, But for my own, if in the h [...]st it was written, any may have escaped me, which may give the le [...]st off [...]nce either to the King my most gracious Soveraign, or to the Parliament, or to eith [...]r H [...]use thereof, or to your Lordship, or to any man dead or l [...]ving, I do here humbly crave their pardon who may take the offence, and retract [...] as having happened be [...]ide my intention and against my will.

To the READER.

[Page]

I Should do ill to print a half truth, whereof I pretend to be an intire lover. I must therefore here give notice, that the three former parts of this Answer were in his hands to whom I r [...]commended the care of the printing, according to the date in the Title, which he can testifie; but I could not resolve to let the fourth go after them so soon, for reasons concerning others, and not my s [...]lf. And in the mean time I made many great alterations in this last part, and it hath still grown under my hand, at length to the bulk it now bears, which I will not excuse, because I could not mend.

Non sunt longa quibus nihil est quod demere possis

Sed tu Cosconi Disticha longa facis.

This passage hath reference to the Marginall note in fol. 6. at the latter end.

When my Lord of Essex stood in favour, the Parliaments were calm: Nay I finde it a true observation, that there was no impeachment of any Nobleman by the Commons, from the Raign of King Henry the sixth, untill the eighteenth of King Iames, nor any intervenient president of that nature, not that something or other could be wanting to be said, while men are men: For not to go higher, we are taught easily so much, by the very Ballads and Libels of Leicestrian time. But about the aforesaid yeer, many yong ones being chosen into the House of Commons, more then had been usuall in great Councells (who, though of the weakest Wings, are the highest Flyers) there arose a certain unfortunate and unfruitfull Spirit in some places; not sowing, but picking at every stone in the Field, rather then tending to the generall Harvest. And thus far the consideration of the Nature of the Time hath transported me, and the occasion of the subject.

FINIS.

ERRATA.

PAge 9. line 19. for it an, read it as an hyperbolicall. p. 12. l. 26. dele I. p. 13. l. 11, 12. read, as all other kingdoms and States in Europe have also. p. 18. l. 5. for if that, read that if. p. 20. l. 14. for the Law, read our Law. p. cad. l. 16. for retraction, read retractation. p. 21. l. 2. after you did, adde or at least was done. p. 24. l. pen. after written, adde and cousenting thereunto. p. 27. l. 21. for minde, read mine. p. 32. l. 2. for were, read was. p. cad. l. 20. for tare, read care.

Lesser faults may be amended by every Reader.

Information about this book

Title statement

An Answer to the Lord George Digbies apology for himself published Jan 4, Anno Dom. 1642 put in the great court of equity otherwise called the court of conscience, upon the 28th of the same moneth / by Theophilus Philanax Gerusiphilus Philalethes Decius.

Decius, Theophilus Philanax Gerusiphilus Philalethes.

Edition statement

1642

Publication

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Text Creation Partnership,

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Date

2003-01 (EEBO-TCP Phase 1).

ID [DLPS]

A25601

ID [STC]

Wing A3421

ID [STC]

ESTC R8961

ID [EEBO-CITATION]

12147043

ID [OCLC]

ocm 12147043

ID [VID]

54970

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(EEBO-TCP ; phase 1, no. A25601)

Transcribed from: (Early English Books Online ; image set 54970)

Images scanned from microfilm: (Early English books, 1641-1700 ; 243:E91, no 20)

Source

— An Answer to the Lord George Digbies apology for himself published Jan 4, Anno Dom. 1642 put in the great court of equity otherwise called the court of conscience, upon the 28th of the same moneth / by Theophilus Philanax Gerusiphilus Philalethes Decius., Decius, Theophilus Philanax Gerusiphilus Philalethes., Bristol, George Digby, Earl of, 1612-1677. Lord George Digbie's apology for himself., Bristol, George Digby, Earl of, 1612-1677. Two letters, the one from the Lord Digby, to the Queens Majestie ; the other from Mr. Thomas Elliot., Elliot, Thomas..

Extent

73 p.

Printed for A. R.,. London :: 1642.. (Also contains the text of Digby's Apology, his letters of 20 and 21 Jan. 1641, and the correspondence and observations [later] published as "Two letters, the one from the Lord Digby to the Queenes Maiesty, etc." --cf. BM.) (The second letter in "Two letters ... "is signed Thomas Elliot.) (Reproduction of original in Thomason Collection, British Library.)

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