THere was, amongst other Persons of Honour and Qua­lity in the Court, a young Lady of great Birth and Beauty, Frances, Daughter The Ex­traction of the Countess of Essex, and of her Divorce. of Thomas Howard Earl of Suffolk, Married in her Mi­nority unto Robert Earl of Essex; with whom she co-habited for several years: She was Two and Twenty, and He Three and Twenty years of Age; and of him there was a common Fame (grounded indeed upon his own Suspition) of his Insufficiency to content a Wife: The Effect of this Fame is very Noto­rious, and doth involve in it the Story of Sir Thomas Overbury, now imprisoned in the Tower of London, for refusing to go Ambassador, when appointed by the King. He was a Creature of the Lord Viscount Rochester, and a Person who had a very good Estem of his own Parts and A­bilities; and as he said of himself, that the Vis­count Rochester wan the fair Lady Essex by Let­ters of his own Penning; for which, some stick not to charge him of Ambition and Vanity, not to mention an old Grudge he alwayes had for the whole House of the Howards. When these young Persons were of Age to expect the Blessing of the Marriage Bed, the Earl was observed alwayes to avoid the Company of the Ladies; for which, he was much talked of in Court as a Person unable for his Ladies Bed, which begat the Bruit in Court, and this afterward private Disputation amongst Divines and Civilians of the Validity of the Marriage.

Accordingly the King being Petitioned by the Father the Earl of Suffolk, and the Daughter Her Fa­ther the Earl of Suffolk & she peti­tion the King. He ap­points Commissi­oners, four Bishops, &c. the Countess of Essex, he granted a Commission Delegative to four Bishops, two Privy Counsel­lors Learned in the Law, and to four other Ci­vil Lawyers, with Clause to proceed cum omni qua poterant celeritate & expeditione summarie ac de pla­no, sine strepitu & figura Judicii, sola Rei & Facti veritate inspecta & mera aequitate attenta; and with this farther Clause, Quorum vos praefat. Reveren­dissimum Patrem Cantuariensem Archiepiscopum, Reverend. Patrem Lond. Episcopum, & Jul. Caesar. Militem, aut duos vestrum in ferenda Sententia in­teresse volumus. But for some Exceptions about the Quorum arising amongst the Commissi­oners, and the Words Sententia esse, not interesse, a second Commission was grant­ed, and two Bishops more adjoyned with this Quorum. Quorum ex vobis praefat. Reverend. Patrem Georgium Cantuar. Archiepiscopum, Joan­nem Lond. Episc. Tho. Wint. Episc. Lancelot E­liens. Episc. Ricard. Coventr. & Lichfeld. Episc. Jo. Roffens. Episc. Jul. Caesar Milit. Tho. Parry Milit. in ferenda Sentemia nos esse volumus.

[Page 2] Upon which the Countess of Essex takes out Process against the Earl her Husband, to Answer her in a Cause of Nullity of Marriage.

The Earl he appears by his Proctor, and she gives in her Libel, (viz.) Process.

The Earl by his Proctor denying the Contents, his Answer is required by Oath in a second Pro­cess; where in open Court his Oath was admi­nistred with so great care and effectual words, to wind off all Circumstances, as the like hath been seldom observed.

The Earl viva voce confesseth the Marriage and Circumstances as in the Libel; that they were not absent above three Months the one from the other in any of the said three years.

That for one whole year of the Three years, he did attempt divers times to know her, but the other two years he lay in Bed with her Night­ly, but found no motion to Copulation with her.

That in the first year she shewed Readiness and Willingness thereto.

That he did never Carnally know her, but not find any Impediment in her self, but was not able to penetrate of enjoy her.

And believeth that both before and after the Marriage, he found in himself Ability to other Women, and hath sometimes felt motion that way.

But being asked whether he found in himself a perpetual and incurable Impediment? He an­swer'd, That in two or three years last past he hath had no Motion to her, and believes he never shall: now that she is apt as other Women, and that she is Virgo integra & incorrupta; and con­fesseth, That He hath often before Persons of Cre­dit, confessed thus much.

Notwithstanding his said Oath, the Countess produced several Witnesses of the Marriage, Time, Age, Cohabitation and Codormition for Consummation, as before in the Libel; and that notwithstanding she was still Virgo integra, incor­rupta; but because the Earl did not believe his Lady to be fit and apt for Copulation, there­fore the Councel desired Matronas aliquas probas & honestas, fide dignas, & in ea parte peritas Domi­nas [...] ad inspiciendum corpus dictae Dominae. Whereupon it was Decreed by the Court, that six Midwives of the best Note, and ten o­ther Noble Matrons fearing God, and Mothers of Children, out of which they themselves would chuse two Midwives and three Matrons; out of which the Delegates did select five, ut se­quitur;

Accordingly, between the Hours of that Day aforesaid, were presented before the Delegates aforesaid the said Ladies sworn ad inquirend. & inspiciend.

1. Whether the Lady Frances were a Woman fit and apt for Carnal Copulation, without any Defect that might disable her for that purpose?

2. Whether she were a Virgin carnally un­known by any man?

Whereupon, they went from the presence of the Commissioners, into the next Room, where the Countess was, accompanied by the Counsel of both sides; into which Room was no En­trance but at one Door, whereat the Councel presently came forth, and only the Countess was left with the Ladies; who, after some con­venient time, returned their Report under their Hands, the Commissioners having first seque­stred from their presence the Councel on both sides (who had been present in all these Pas­sages) and all other Persons except the Regi­ster, that so the Ladies and Midwives might more freely deliver their secret Reasons, &c. though it was not fit to insert them into the Record. And this is in sum their Relation.

1. That they believe the Lady fitted with A­bilities to have Carnal Copulation, and apt to have Children.

2. That she is a Virgin incorrupted.

And to corroborate all this, the Countess in open Court produced seven Women of her Consanguinity; That inasmuch as the Truth of all was best known to her self, she might by vir­tue of her Oath discover the same, and her Oath should be no further regarded than as it was con­firmed by the Oaths of her Kinswomen; the Law presuming that such Kindred should be best ac­quainted with the inward Secrets of their Kins­woman. In order the Countess had an Oath ad­ministred [Page 3] to her, with all the like grave admo­nition as before to the Earl her Husband; and so she affirmed,

That since the Earl was eighteen years old, for three years he and she had lain in bed, &c. as in her Libel.

And then the Seven Noble Women, viz. Ka­therine, the Countess of Suffolk, Frances, Coun­tess of Kildare, Elizabeth, Lady Walden, Eliza­beth, Lady Knevet, Lady Katharine Thinne, Mrs. Katharine Fiennes, Mrs. Dorothy Neale, her Kinswomen, being charged to speak without partiality, they did all depose, That they be­lieved the same was true.

1. And in particular, That post plenam puber­tatem utriusque they both endeavoured Co­pulation.

2. That notwithstanding Ability on her part, per inspectrices she remained a Virgin incor­rupted.

3. That the Earl had judicially sworn that he never had, nor could, nor should know ever her Carnally.

The Law then being, That Impotentia coeundi in Viro whatsoever, whether by natural Defect, or accidental Meaus, whether absolute towards all, or respective to his Wife alone, if it precede Matrimony, and be perpetual, as by Law is pre­sumed, when by three years continuance, after the mans Age of eighteen years, there having been nil ad copulam, the Marriage not consumma­ted, and the Law allowing the said Proofs, &c. it was abundantly sufficient to convince the said Earl of Impotency; and therefore the Judges Delegates gave this Sentence.

And the Records yet extant do mention the Proceedings (as our Reader will see) medest and legal, parallel to any former of like kind, where­in the Civil Laws are plentiful, and in this strict form had no room for corruption. The Com­missioners who agreed to the Sentence, were four Bishops, Winchester, Lichfield and Coventry, Ro­chester, and Ely. The Civilians were three Knights; Caesar, Parry, Dun. And yet though these were men beyond all exception, and the preceedings regular, yet were both they, and this Judg­ment, by a discontented sort of people then growing up in this our Kingdom, branded for [Men fit for the purpose, and that the Kings Will never wanted such Ministers in corrupted Times, both in Church and State.]

The Common People were offended with the The Com­mon Peo­ple offen­ed. Canons, and wish'd, that Essex might have as ma­ny Women to aspect him for his sufficiency, that he might have Justified himself upon others, or have Physitians (by Art) to certifie his Natural impediment; or whether impedimentum malefic [...]i (being accidental) praesumatur praecessissc, vel po­tius subsecutum fuisse matrimonium contraclum & so­lemnizatum, whether they ought not post praeceptum Judicis, to cohabit together, saltem per aliquod temporis spatium arbitrio Judicis moderandum, for further trial. Indeed the Archbishop Abbot took upon him the Quarrel, who (in truth) in the Civil Law was not so able: his doubts and queries were dispersed, and got some credit with the Clergy, whilst the Civilians (with much ci­vility, if not fear of his authority amongst them) forbore to give him Answer, till the King himself took the pains to confute his Opinion.

The Archbishop's Arguments were six. The Arch­bishops Argu­ment.

• 1. That all Controversies concerning the Church are comprehended in the Scriptures, and Marriage is there accounted Sacred.
• 2. What Text doth warrant a nullity after Marriage, propter maleficium versus hanc? The Scripture indeed makes nullity, propter frigidita­tem, Matt. 19. 12. some born chaste, some made Eunuchs, some made so by Grace.
• 3. 4. What Councils, or Fathers, or Histories, either Greek, or Latine, have ever menti­oned maleficium versus hanc, until Hircanus Rhe­mensis Episcopus, four hundred Years after Christ?
• 5. 6. Essex is found defective, for whom we are bound to use two remedies, Eternal and Tem­poral.

For the first, Non ejicietur, nisi per orationem & jejunium.

For the second, Corporeal Medicines; but the Earl hath had none of these.

The Answer.

To the first, It is a preposterous Puritan Ar­gument, without some better distinction or ex­planation; for the Orthodox say of all Con­troversies in points of Faith and Salvation, nu [...] ­lity of Marriage cannot be one, and therefore the consequence fails.

Secondly, If the Scriptures want a nullity, propter frigiditatem, then all the means which may make him frigidus versus hanc, must be com­prehended; for why doth our Church condemn Marriage of a Man with his Sisters Daughter, or of two Sisters, but á paritate rationis, for none of [Page 4] them [...] prohibited in Scripture; and [...] [...]ll th [...] other unlawful Matches, for ascending [...] in points of consanguinity, quia par [...].

[...] is in this Ca [...]e, for although Christ [...] to three sorts of Eunuchs, yet, ratio [...] potest esse copulatio inter Eunuchum & [...] therefore Saint Paul tells us, it is [...] copulatione: I conclude therefore [...], that Christ did comprehend un­der th [...]se three sorts all inability, which doth [...]petually hinder copulationem versus have, whe­ther Natural or Accidental; for what difference [...] the cutting off the Hand, and be­ing [...] importent therefore? amputatio & muti­ [...] to [...], being the same in the Civil Law; [...] sufficient unto moderate Christians to be­lieve ou [...] of Gods Word; that marriage is null [...], and those words, quos Deus con­ [...], are never found in Scripture, where & [...], doth not preceed, viz. and they shall be m [...]d [...] one flesh.

But how ever the impediment be, whether uni­versal, or versus hanc, or born so, or by Vio­lence, o [...] by Disease, or Inaptitude, that is ever [...], he is an Eunuch versus hanc, & vmnes alias, [...] to him only she was Married.

To the third and fourth, there may be some­thing to this purpose, or aliquid analogum with [...].

Besides it is an ill Argument to say, that therefore it is not lawful, because Fathers nor [...] do not mention it.

The same Answer to the fifth: for till four hundred Years after Christ (perhaps) that De­villish tri [...]k was not discovered, and we know, ex [...] [...]on [...] leges, &c.

And this in dispute, is only a question of or­der and policy, for the essential point of Ma­ [...]imony cannot be accomplished sine copula.

Sixthly, The Devils have power over the flesh, and to exempt us from the power of witchcraft, was never maintained by any Learned Men, and why not of Protellants as well as of Papists?

Remedies, perhaps, have been used by them­selves, but [...] interest reip [...]o. nec Eccles.

And so to satisfie his Conscience, this pains was taken with the Archbishop, ut cum conversus [...] firmet sratres suos.

In [...]ine, both parties freed to their second choise, the Countess the fifth of December Mar­ties the Viscount, lately made Baron of Brand­ [...]k and Earl of Somerset, the tenth Earl; the first being made by Mand the Empress: and Overbury in the Tower hears of this jollity, and himself in d [...]ance, threatens Somerset (no saith one, writes to him humbly imploring;) another (such like) pens the Letters thus,

Such stuff as this makes up the matter, as they would make us believe, but in truth he threat­ned Somerset with some discovery, which was constrned to be secrets of Love, or State, or both He threa­tens So­merset, and they con­trive. not without monstrous defaming her honour, by message and writing (silthy base Woman, they were best look to stand fast) which begat fury in her, and subtilty in Somerset, least Overburies malice should break forth, to both their sufferings, and so trouble their whole fortunes. To prevent mischief to the one, and continual defama­tion to the other; combining with the rest, it was resolved by her to destroy him, which she first intended by Assassination, and dealt with one Sir David Wood (an ill look'd red bearded Scot) whom Overbury had prevented of a Suit valued at 2000 l. but his Cowardize, not Conscience, fearing to engage, she and they plotted the impoisoning of him in prison, as the Story intends to discover in particular.

This Spring seizes Northampton for Death, he The Earl of Nor­thampton's death, &c. was a Brother unto the late Duke of Norfolk, who suffered for his attempts of Marriage with the Queen of Scots (as before remembred) then a prisoner here in England, which might be some motive for the King to consider the advance of this Man, and that Family, which he did, by preferring the Dukes second Son to be Earl of Suffolk 1603. and by restoring the Dukes grand­child Thomas Earl of Arundel 1604. as aforesaid, and by particular preferments of this Henry, who was more wedded to his Book than to his Bed, for he died a Bachelor; he was accompted Wise and Learned, a cunning States-man; and for all these abilities, out of the Kings great affection to Letters, especially being concentered in a Noble person; at his first accession hither, he the rather advanced him in succeeding Creati­ons, as Baron of Marnhill, Earl of Northampton, then Privy Councellor, Lord Warden of the Cinque-Ports, Lord Privy-Seal, and Knight of the Garter, and elected Chancelor of the Uni­versity of Cambridge; he had plenty for his single Life, and to spare for his Friends in his expence, not over frugal, maintaining his Port the most remarkable (like the ancient Nobility) in his Family and dependance, of any Lord then and since his time.

He assisted his Nephew the Earl of Suffolk by his designing and large contribution to that ex­cellent Fabrick Awdley End.

He built that Noble Structure at Charing-Cross, Northampton-House, and presented it a new Years gift to his Cosin German the Lord Walden, Suf­folks eldest Son, and yet left his other Cosin the Earl of Arundel, the rest of his Estate, so to make to appear to the World his equal distribu­tion to such even kindred.

He was Pious, and gave good Testimony there­of in his Life, built that handsom Covent at Greenwich, and indowed it with Revenue for ever; for maintenance of decayed Gentlemen Bache­lours, a competent number, and for Widdows also considerable.

He died in April, Anno 1614. full of Years and Honour, and suspected more Catholick than some will think reasonable, though in the form of a Church Papist, (as some do lately Publish) and to be a setter in the monstrous Murther of Sir Thomas Overbury, though the Lieutenant of the Tower, Yelvis, in his Examinations and Confessions, cleared him; which suspition is since grounded upon the interpretation of his familiar Epistles to the Earl of Somerset, and indeed but [Page 5] bruited since his death, and where [...]o proofs precede, we may be sparing to note h [...], so No­ble a person, with that or any other i [...]my.

About these times, the humors of young Gal­lants not brooking the peaceable conditions of Duels first rise in England, and their Remedy. our Kingdoms, and neighbour Nations, took upon themselves to quarrel with each other, and to fight it out in Duels upon slight occasions, and very frequent; which induced his Majesty to pub­lish a severe Edict against private C [...]mlates and Combatants, their Seconds, Accom [...]ces and Ad­herents; for prevention of those heavy events where to so worthy Families beco [...] obnoxious, by the odious and enormous impities inevitably subsequent thereupon.

Intending by that time, that the most proper remedies have qualified the di [...]emper of ill dis­posed minds, and that auda [...]ous Spirits have smarted for incompetent desies; the false colours and pretences of erring Cus [...]m have both been counterpleaded and correcte [...] by reforming seve­rity; by that time, I say, th [...]t passion hath been put into the right course of submitting to discre­tion, and Caution hath wro [...]ght it self at leasure into as consta [...]t a form and [...]abit of conforming to obedience, as Selfwil took in former times to plant false Principles; the greater part will easily discern, [...]hat there is great [...]r reason to reproach those th [...]t offer challenges of madness, than to tax those of cowardice that abstain out of duty.

And therefore those that should conceive themselves to be behind it the least respect or po [...]t of Honour, should repair to the Marshals C [...]urt, who were instructed and prepared as well for the cleansing of all green Wounds, as the [...]ealing of old Ulcers that shall appear to [...]hem.

Hereupon occasion was soon given and taken in A Duel between Friest and Wright. Informa­tion a­gainst them, &c. a Duel of Priest and Wright, for writing and car­rying the challenge; and an information against them in Star-chamber, by a charge of Sir Francis Bacon Atturney General, and though the per­sons were but mean, yet they served for example to the Great, the Dog to be beaten before the Lion, the one a Barber Surgeon, the other a But­cher.

This eloquent Orator divideth his charge into four branches. Sir Francis Bacon At­turny General his speech aganst Diels.

• 1. The nature and greatness of the mischief.
• 2. The causes and remedies.
• 3. The Justice of the Law of England, which (saith he) some think defective herein.
• 4. The capacity of this Court where the re­medy is best to be found.

1. For the first, When revenge is extorted out of the Magistrates hands into private men, pre­suming to give Laws to themselves, it may grow from Quarrels to Banding, so to Trooping, then to Tumults and Commotions, from private Per­sons to Families and Alliances, and so to Natio­nal quarrels, and subject the State to Inflammati­ons and Convulsions; and herein offences of pre­sumption are the greatest, and this to be done by the Aurorae filii, Sons of the morning, young men full of hope and towardness.

2. The causes no doubt a false imagination of honour and credit, bewitching Duels, species fal­sa, against Religion, Law and Virtue, that men now adays had lost the true notion of Fortitude and Valor; the one, Fortitude, distinguishing the grounds of quarrels, whether they be Just and Worthy a mans Life, being to be sacrificed to honourable Services, good Causes, and noble Ad­ventures; expence of Blood is as the expence of Money, not to be profuse in either upon vai [...] oc­casions.

For the remedies four things may be effectual for repressing the depraved customs of Com­bates.

First; The State to abolish it; for then every particular person thinks himself thereby acqui [...] ­ted in his reputation, when he sees it an insult against Sovereign power; like unto the Edict of Charles the ninth of France against Duels, that the King himself took upon him the honour of all that were grieved or interessed for not having performed the Combate, when he shall see the rule of State dis-interest him of a vain and un­necessary hazard.

Secondly, This evil must not be cockered, the compounding of quarrels is taken into the Hands by private Noble-men and Gentlemen; they tell men who is before hand and who behind hand; this countenances Duels, as if therein there was some what of right.

Thirdly, The most prudent and best remedy may be learned out of the Kings Proclamation, the false concealed humor must be punished in the same kind, in co quis rectissime pleclitur in quo peccat, such men to be banished the Kings pre­sence and excluded the Court for certain Years, to be cast into that darkness, not to behold his Sovereigns face.

Lastly, We see the root of this offence is stub­born, for it despiseth Death, the utmost of punish­ments, and therefore these Men to be executed by Law without all remission. The severity of France had been more, where, by a kind of Marshal Law established by the King, the party surviving was instantly hanged, their wounds though bleed­ing, least a natural Death should prevent the ex­ample of Justice; or if not so to do, but with greater Lenity, yet of no less efficacy, which is to punish by fines in Star-Chamber, the middle acts and proceedings which tend to Duels.

3. Now for the Law of England, it is except­ed against in two Points.

Not to difference between an insidious and foul Murder, and killing upon fair Terms, as they term it.

The other, not providing sufficient punish­ment for Contumely of Words, as The Li [...], and the like.

These Novelties are thus answered; The Law of God makes no difference, but between Ho­micide voluntary and involuntary, which we term Misadventure, and for which there were Cities of Refuge.

Our Law hath a more subtil Distinction, The Will inflamed, and The Will advised, Man-slaugh­ter in Heat, and Murder upon Malice or cold Blood. The Romans had restrained this Privi­ledge of Passion, but only where the Husband took the Adulterer in the Fact; yet Cain entieed his Brother into the Field, and slew him treache­rously; but Lamcch vaunted of his Murder to kill a young man, and if it were but in his hur [...]; so as the difference is between infidious and presumptuous Murder, these of Cain and La­mech.

Greece and Rome had not this practice of Du­els; It is said, Fas est & ab hoste doceri.

There was a Duel between two eminent per­sons of the Turks, and one slain; the Councel of Bashaws reprehended the other: How durst you undertake to sight one with another? Are there not Christians enough to kill? Did you not [Page 6] know, that whether of you were slain, the loss would be the Great Seignio [...]s?

'Tis true, we find Combates before an Army [...]mo [...]gst the Romans, which they called Pugna [...], between Generals themselves, o [...] by their Licence to others.

So David asked leave, when he fought with Go­liah, and Joab, when the Armies met, gave leave, Let the young men Play before us.

And of this kind was that famous Example in the Wars of Naples, between the Spaniards and Italians, where the Italians prevailed.

The Second Combat is a Judicial Trial of Ri [...]ht, intreduced by the Gothes and the Nor­thern Nations, and more ancient in Spain.

But yet a wise Writer sayes, Taliter pugnantes videntur tentare Deum, quia hoc volunt, ut Deus o­stendat & saciat Miraculum, ut justam causam ha­bens Victor efficiatur, quod saepe contra accidit. Nay the French Folly in this kind had it in toleration, never Authorized by Law, but of late punished with severe rigour. As for the supposed Defect in our Law for Lies and Fillips, words of Denial and Flea-bites to murder a man, Solon's Answer satisfies, That he had not ordained Punishments for it, not imagining the World so phantastical to take it so highly.

The Civilians say, That an Action of Injury does not lie for it; indeed Francis the first of France gave the Lie to the Emperor, and in a so­lemn Assembly said, That he was no honest man that would bear the Lie.

The Laws of England had only these Degrees of Injury; Slander, Battery, Maim, and Death, but as for a Fillip, Gonsalvo said, A Gentlemans Honour should be de tela crassiori, of a strong­er warp.

Now for the power of this Court to censure, Presidents have been in the Minor Wharton's Case Plaintiff, where Acklam, Defendant, Servant to Ellesbars, was Fined for carrying his Masters Challenge but by word of Mouth.

And it was concluded to prosecute in these Cases against such,

• As shall appoint the Field, though the Fight be not acted.
• Send Challenge in Writing or Message.
• Shall deliver either of them.
• To acceept or return them.
• To be a Second.
• To depart beyound Seas to Combat.
• To revive a Quarrel by Scandalous Bruits or Pasquils, Counsels, or Quarrels.
• And that a man may in those Cases be as well Fur de se, as Felo de se; If he steal out of the Realm to fight, he doth, Machinari con­tra Coronam.

But let us remember Scotland: we have before heard of the Earl of Orkney's Mis-behaviour in Patrick Earl of Orkney ri­ses in Scotland Scotland, which of late so increased, as he was again sent for, and committed; having rioted most of his Estate, the Remainder was Mortgaged to Sir John Arnots, of whom the King purchases his Interest, by which means he might the better give Relief to the Distressed Tenants from op­pression.

The Earl now in Dumburton-Castle, with a No­ble a day Pension, for his Maintenance, had In­formation how his Estate, with Castles, Kirkwal, Birsy, and other his Houses and Lands in the Isles, were rendered to the Kings Sheriffs, he endea­vouring first to escape; but not effecting, sends his Base Son to get Forces, and to expel the Pos­sessors.

He d [...]es so; and with some loose People assaults Birsay, and takes it, wherein he puts a Garri­son of Thirty Men, and hastens to Kirkwall, and seizes that also.

This Insurrection comes to the Kings Know­ledge and He hastens a Commission to the Earl of Caithness, Lieutenant of those Bounds; who, with his Canon recovers the Castles in six weeks, and these within he made Prisoners; Robert Stew­art, the Earl's Base Son, and four more Princi­pal Actor [...] were Arraigned at Edinburgh, Con­victed, and hanged.

The Earl as Accessary, came to Trial, being His Trial and Sen­tence. Indicted for ausing his Base Son to surprize Kirk­wal and Birsa, inciting the People to Rebellion, and detaining the Castles Treasonably against the Kings Forc [...]s.

He was allowed Prolocutors (Lawyers) of the best esteem, who [...]eny the Libel (as they call it); but the Confessio [...] of his Base Son and others, with his Missive Letters written to one John Sharp, for detainig those Castles, and a Char­ter of certain Lai [...]ds Assigned by him to one Pa­trick Halore, for assisting the Rebels, the Assize of Jury being his Peers, Earls and Lords, found him guilty of Teason; and he was presently Executed at Edenbu [...]gh.

This was the end of Patrick Ear [...] of Orkney, Son to Robert Stewart, one of the Base Sons of King James the Fifth (for he had oth [...]rs) this Robert was at first Abbot of Holy-Rood-House for divers years after the forfeiture of Hepburn Earl of Bothwel, and obtaining those Isles, hee chan­ged the Abbacy, with the Bishoprick of Okney, and so became sole Lord of the County. Pa [...]rick succeeding to an Elder Brother, and grown a Courtier, involved himself in great Debts, wh [...]ch made him the more Tyrannous over the People to recover his Wants.

At Glasgow was apprehended Ogleby a Jesuite Ogleby the Jesuit ta­ken and examined, [...]nd an­swers. lately come from Gratts, by Command of his Superiors in that Colledge: he answered peremp­torily to the Commissioners Questions, professing not to prejudice others by any Confession: their Torture to enforce him to impeach others, was to debar him Sleep for some time, until he was forced falsly to accuse any Body; which he, af­ter Repose, would deny again.

The King was displeased with such Force to Men of his Profession; and if no Crime could be proved but his Calling, and saying Mass, they should banish him, not to return upon pain of Death; but if his Practise had been to induce the People to Rebellion, and had maintain'd the Popes Power transcendent over Kings, and refused the Oath of Allegiance, they should leave him to the Law; but withal they were to urge his An­swer to these Questions.

• 1. Whether the Pope be Judge in Spiritualibus over his Majesty, and whether in Temporalibus, if it be in ordine ad Spiritualia?
• 2. Whether the Pope hath power to excommu­nicate Kings (such as are not of his Church) as His Majesty?
• 3. Whether he hath power to depose Kings af­ter his Excommunication, and in particular, His Majesty?
• 4. Whether it be no Murder to kill the King so deposed?
• 5. Whether he hath power to assoil Subjects from the Oath of their Native Allegiance to His Majesty?

He Answers in Writing.

To the First affirmatively, in Spiritualibus; [Page 7] but whether in Temporalibus, he is not obliged to answer to any but a Judge of Controversies in Religion, the Pope, or one of his Authority.

To the Second Affirmatively; and that all per­sons Baptized are under the Popes Power.

To the Third he will not declare but to a Lawful Judge of Religion.

To the rest ut supra.

He could not be moved by Threats, but ra­ther railed at the Oath of Allegiance, as damna­ble and treasonable against God; and so came to Trial of Life: but was told over-night, that he was not to be tried concerning his Profession, but for his former Answers to the Questions, which he may recall, and crave Mercy; but this he utterly refused.

And so was impanelled, grounded upon the Acts of Parliament, against such as declined the Kings Authority, or maintained other Jurisdicti­on, and upon his former Answers.

He protests not to acknowledge the Judges nor Judgment lawful; for if it be Treason here, it should be so in all other Kingdoms, which is not; your Acts of Parliament are made by partial men, and of Matter not subject to their Forum, for which I will not give a Fig. The King hath no Authority, but derivative from his Predecessors, who acknowledged the Popes Jurisdiction; if the King will be to me, as they were to mine, he shall be my King; if other­wise, I value him not; and for the Reverence I do to you bare-headed, it is ad redemptionem vexa­tionis, not ad agnitionem Judicii.

That the Jury were either his Enemies, or his Friends; if Enemies, they could not sit upon his Trial; if Friends, they ought to assist him at the Bar; That what he suffered, was injurious, and not Justice; he had not offended, nor would crave Mercy. My Commission (said he) was by Com­mand of my Superiors, and if I were abroad, I would return hither again, and repent only that I have not been so busie as I should, in that which you call perverting of Subjects, and I call saving of Souls; I do decline the Kings Authority, and will do it still in matter of Religion: the most of your Ministers maintain it, and if they be wise, will con­tinue in that mind.

As for that Question, Whether the King being Deposed by the Pope, may be lawfully killed? Do­ctors of the Church hold the Affirmative, not im­probably; and as it is not yet determined, so if it should be concluded, I will die in the Defence; and (now) to say it were unlawful, I will not to save my Life.

His insolent Speech was shortned by the Ju­rors quick Return, who found him Guilty, and Condem­ned and executed at Glasgow he had Sentence of Treason; and to stop his Rail­ing, he was after Noon the same day Hanged at Glasgow.

He was a desperate second Ravilliack, and ready in that Devilish Doctrine of Deposing and Dethroning Kings; which he urged the more (he said) as consonant to the Kirk-Ministers Tenents, and that nothing troubled him, but to be taken away ere he had done that which all Scotland and England should not have prevented; and had it been performed, no Torments would have been by him refused.

So then we see the Cause of his Execution; for the King professed never to hang a Priest for his Religion. Plantati­ons in A­merica, & Discover­ers & Ad­venturers.

The opening of the Spring gave opportunity to sundry Families of England to prepare them­selves for Planting in America, upon no great encouragement of Profit or Pleasure, by any for­mer Voyages of the English into those parts; but People and Trade increasing there, they would unburden this State with Foreign Adventures. The Design was for New England, a part of America, in the Ocean Sea; opposite to that part of America in the South-Sea, which Sir Franci [...] Drake discovered in his Voyage about the World, and named it Nova Albion: But he was never em­ployed thither as a Discoverer or Plauter upon this part of America. Taking the Coast from Cape Florida, in Twenty Degrees (North-Latitude) North-Eastward to Cape Britain, between the Degrees of Latitude, from 20, to 45, King James granted Letters Patents, being about fifteen hundred Miles; but to follow it abroad, near two thousand Miles.

And all this Coast, from Cape Florida, of 20 Degrees, to 45, was first Discovered by John Cabot, with six Sail of Ships, who had his pa­tent from Henry 7. Anno 1442, about the time that Columbus discovered the middle part of A­merica for Ferdinand and Isabel of Spain, and is called the West-Indies.

The first Colony from England, was with Sir Walter Rawleigh, assisted in Company of Sir Ralph Lane, and Thomas Heriot, that Learned Mathe­matician, Anno 1584. who, in Honour of Queen Elizabeth, named it Virginia; leaving there six­teen Men, which were brought home by Sir Fran­cis Drake, in his Return from his West-India. Voyage a year after; and this part is contained from Florida, to the Chesiophech Bay.

The next North-ward, is a part of Land, to which Sir John Popham Lord Chief Justice was sent, for Discovery and Trade, Anno 1606. but having no Success returned; and since it is called New-England.

Then the Land adjoyning Northward, was discovered by Captain Gosnold, all that Coast be­ing studded with broken Lands, and called by him Elizabeth's Isles.

Then you come to Cape Cod, and to the Dis­covery of Captain Weymouth's Land and Large River, and so forward, to other Plantations si­thence of the English, so far as Cape Bri­tain.

Then to Nova Francia, the Colonies of the French; which Land, in truth, they have engros­sed, as being Elbow-room for all; and which ends at Cape Race, the Lands spreading from thence directly Northwards, and named New-found-England, until you sail into the Fro­zen Sea; where Davis, Bafin, and Hudson made large Discoveries many thousand Miles.

But to our Business: This Year, 1614. Capt. Smith intended for New-England, with two Ships; not to Plant, but to take Whales, and other Fish, and to Trade for Furs, and so returned.

And presently from Plymouth, he went out a­gain with one Ship; and Michael Cooper with five from London, accompanied with four more from Plymouth, partly to Trade and Plant.

And indeed these People, for Planters, were suspected Notorious Schismaticks, Brownists, Ana­baptists, Planters Schisma­ticks and Disaffect­ed. Families of Love, and the like, under such Notions, so together, and here and there strewed over with a Spice of Protestancy, but by the general Name of Puritans, which term in­cluded good and bad in their distinct Kinds, tru­ly and ingeniously distinguished into the Puritan Knave, and the Knaves Puritan; but in truth, all of them (of the first Rank especially) Enemies to the Hierarchy of our Protestant Profession in the Church of England.

[Page 8] And away they would go, for Elbowroom, to model a new Church Government, such as here­after should happen, for (God knows) they were so diversly affected, that as yet they could conclude of none, nor ever would agree to any.

It was not impossible also, but those factions there might breed into extremes, and become hereafter Nurseries for all Nonconformants of Church or State, with some prejudice to this Go­vernment at home.

And therefore then there was a restraint for the present only, until by examination of some of their Principals remaining behind, a better ac­count might be assured, concerning those that are sent before, for whose good behaviour there these were responsible here, and so they had leave to go.

And in a word at that time, and until these later days, most of the violent pretenders for Plantations either Governors or Assistants, here in their several Courts were a company of cun­ning contrivers, who abused the honest Adventu­rers, and of long time came loss to them in all their returns.

The Kings bounty had stretched beyond the li­berty of his Treasure, which he timely took up, The King in d [...]bt consults for raising of monies by new Honours. and was free in rewarding merit by Honour of Knighthood, upon such whose estates were not answerable in value to other Gentry, before whom they were to take place of precedency, and therefore it was designed (twelve months since) by the late Treasurer Salisbury, to create a degree of Knight Baronets to preceed all Knight Knight Baronets. Bachelors, being the earnest suit of themselves, ninety persons in all of good Birth and Estates, and each of them (except two and twenty) were then Knight Bachelors, and was done Saith a good Author. to my know­ledge, for I copied the list of them before it was presented to Salisbury; and as true, that his excepti­on thereto was, that it would discontent the Gentry; to which themselves replied, that it would rather satisfie them in advance of Dignity before others, who now came behind those meaner men, who indeed the King was forced to Dub, for his ho­nour and some merits of theirs; having no other reward or mony to spare, and therein not much to blame, to oblige them that way; and Salisbury dying, it was now established: the design having Martial reference to Honour and Arms, the Pre­rogative of every Sovereign; as in former pre­sidents of all Christian Princes, and States Mo­narchical and Republicks; especially upon distress of any Province or Place, for support or defence thereof.

And herein other Princes exceed in Example, and were never quarrelled at by any, as in Ger­many, Spain, France, Italy, Venice; and must it now be a crime in this King, in the settlement of his Inheritance here, to take leave to advance the Creation of one single Order? A new erect Their p [...]eceden­ [...]y. &. distinct Title, with those priviledges to them and their heirs for ever; place before all Knights Bachelours and of the Bath, and all Bannerets (but they are not in being), to be impleaded by addition Baronet, and the Title Sir, and their Wives Lady; the King shall not Create any Degree under the Dignity of a Baron, that shall be Superior or Equal to them; no more to be made, but the full number of Two hundred, until some of these dye; but the younger Sons of Viscounts and Barons, (by Decree of the King and Council upon controversie) were adjudged to take place before them, and that their heirs males at One and twenty shall be Knighted, and shall have either in a Canton in their Coat of Arms, or in a Scut­chion, at their Election, the Arms of Ulster, Ar­gent, a Hand Gules; their place in the Kings Ar­mies to be in the gross, near the Kings Standard, for Arms. Defence thereof.

Nor was this done, but in the like Example or Noble way, for each Baronet to maintain thirty Foot-men for three Years at eight pence per dient, To main­tain 30 Footmen in Ʋlster. each Souldier in Service of the Kings Forces, for the establishment of the Province of Ʋlster in Ireland, not as yet emptied of Rebels, which came unto One thousand nine hundred and five pounds a piece; and it was their own humble suit afterwards to compound the expence at a certain value, and to put the charge in general upon the King; and he lost by the Bargain; the Composition came but to Ninety eight thousand five hundred and fifty pounds, and cost the King much more.

And for the Honour of their Degree and Me­mory, it may not be amiss to insert them in order of precedency in their Roll, Threescore and eight of them being Knights already, and Two and twenty Esquires.

• Suff. Nicholas Bacon.
  Names of the first created Baronet [...].
• Lanc. Richard Mullineux.
• Glam. Thomas Mansell.
• Leic. George Sherley.
• Glam. John Stradling.
• Derb. Francis Leak.
• Suss. Thomas Pelham.
• Lanc. Richard Houghton.
• Wilt. Jo. St. John.
• Linc. Nicholas Sanderson.
• Suss. Jo. Shelley.
• Cestr. Jo. Savage.
• Essex. Fr. Barington.
• Leic. Henry Barks Esq
• Ebor. Will. Wentworth Esq
• Westm. Richard Musgrave.
• Norf. Henry Hobard.
• Cestr. George Booth.
• Camb. Jo. Peyton.
• Suff. Lion Talmage Esq
• Nott. James Clifton.
• Linc. George St. Paul.
• Linc. Philip Terwit.
• Linc. Roger Tallison.
• Linc. Edward Carr.
• Norf. L'estrange Mordant Esq
• Essex. Thomas Bendish Esq
• Carn. Jo. Wynn.
• Gloc. William Throgmorton.
• South. Richard Worsley.
• Bedf. William Gostwick Esq
• War. Thomas Puckering Esq
• Camb. Nicholas Sands.
• Ebor. Fr. Worsley.
• Ebor. George Savile.
• Derb. William Kneveton Esq
• Norf. Philip Woodhouse.
• Oxon. William Pope.
• Rutl. James Harington.
• Staff. Richard Fleetwood Esq
• Oxon. Thomas Spencer Esq
• Lanc. Jo. Tufton.
• Camb. Samuel Peyton.
• Norf. Ch. Morrison.
• Lanc. Henry Baker.
• Essex. Roger Apleton Esq
• Lanc. William Sedley.
• Lanc. Thomas Gerard.
• Staf. Walter Aston.
• [Page 9] Norf. Ph. Knevet.
• Essex. Jo. Wentworth.
• Ebor. Henry Bellasis.
• Ebor. William Constable Esq
• War. Thomas Lee.
• Rutl. Edward Nowell.
• Hunt. Robert Cotton.
• Cestr. Robert Cholmondley Esq
• Devon. Edward Seymer Esq
• Lanc. Moyell Finch.
• Oxon. Anthony Cope.
• Linc. Thomas Mounson.
• Linc. Thomas Vavisor.
• Derb. Thomas Gresly Esq
• Gloc. Paul Tracy Esq
• Ebor. Henry Savile.
• Derb. Henry Willoughby Esq
• North. Lewis Tresham Esq
• North. Thomas Brudenel Esq
• Kant. William Twisden Esq
• Kant. Edward Hales Esq
• Kant. William Moynes Esq
• Essex. Thomas Mildmay Esq
• Essex. William Maynard Esq
• Buck. Henry Lee Esq
• Wilt. Edward Gorges Esq
• Essex. Harbottle Grimston Esq
• War. Thomas Holt Esq
• Som. Jo. Portman Esq
• Linc. John Wray Esq
• Berk. William Essex Esq
• Ebor. Marmaduke Wivell Esq
• Wilt. Fr. Englefield Esq
• Staff. Jo. Pessell Esq
• Essex. William Aloff Esq
• Nor. Edward Devereux Esq
• Dev. Thomas Ridgeway Esq
• Corn. Renal Mohane Esq
• Essex. Paul Baning Esq

  68 Knights	90.
  22 Esquires

• These afterwards.
• Durh. Thomas Blaxton Esq
• Chester. Rowland Egerton Esq
• Norff. Roger Townsend Esq

It is well known that Queen Elizabeth left her Coffers empty, and her Revenue not ample, for The King considers how to get out of Debt, &c. in Treasurer Burghleys time, the profit of the Kingdom (besides Wards and Dutchy of Lanca­ster) was One hundred eighty eight thousand one hundred ninety and seven pounds per an­num; and the Payments were One hundred and ten thousand six hundred and twelve pounds per annum, in which these were constant per annum.

The Houshold Forty thousand pounds ordina­ry, and now increased necessarily almost treble.

The Privy Purse Two thousand pounds.

The Admiralty Thirty thousand pounds.

1. For support, this King was to proportion his Issues with his Revenues, both certain and ca­sual.

2. By abating or reforming the excess of his Houshold.

3. By raising moneys, and improving the Crown Revenues.

For the first, He could not well tell how to begin that Lesson, for coming in hither with an increment of expence, Himself, Wife, and Chil­dren, and a large Train of old Servants to be new rewarded, the Marriage of his Daughter very lately; which expence in that amounted un­to near One hundred thousand pounds, and her Aid-mony came but to Twenty thousand and five hundred pounds; and that we may see the charge and expence of this Mariage in particular, I shall set it down.

For the Palsgraves Diet at his standing-House, Charge of the Palse­graves Marriage. Six thousand pounds.

For his Diet at his Instalment of the Garter, Four thousand pounds.

For Diet at his Marriage, Two thousand pounds.

For Lodging for his Servants, Eight hundred and thirty pounds.

To the Wardrobe for Apparel for the Prin­cess Elizabeth, Six thousand two hundred fifty two pounds.

For furnishing her Chamber, Three thousand twenty three pounds.

Apparel and necessaries for her to my L. Har­ringtons, One thousand eight hundred twenty nine pounds.

Jewels and Apparels for her Servants, Three thousand nine hundred and fourteen pounds.

To divers Merchants for Silks, &c. Nine hun­dred ninety five pounds.

The Lords Mask at her Marriage, Four hun­dred pounds.

For the Naval fight of Fire Works on the Thames at her Marriage, Four thousand eight hundred pounds.

More Fire Works on the Thames at her Marri­age, Two thousand eight hundred and eighty pounds.

To Sir Edward Cecil as Treasurer for her Journey from hence to Heidlebergh, and for her Purse, Two thousand pounds.

For setling her Jointure, and charges to some of the Gentry to go thither and to take the Assu­rance, Eight hundred pounds.

For her Transport to Flushing, Five thousand five hundred fifty five pounds.

Total 53294 l.

Paid over to the Palsgraves Agent for her Por­tion, Forty thousand pounds.

The Total is, Ninety three thousand two hun­dred ninety and four pounds.

These expences put the King to consider of the best means of Recovery, so that several ways were proposed to make up his Disbursements an­swerable to his incomes; and the way was, the first work of ordinary good Husbandry, and might well be expected from a Paterfamilias, yet it would not for the present, Rebus sic stantibus, become this King, whose Fame and Honour (as all other Soveraignties, so his in particular) stood more upon reputation than profit; and therefore he (according to the magnificence of Royalty) left that consideration; and he had done reaso­nable well, if not too much, for satisfying his Train.

His second way was, To consider of his great expence of Houshold, now enlarged into several Courts, King, Queen, Prince, and Nursery; and these being look'd into, he was forc'd (con­trary to the Royal and largest Heart of any of his Progenitors) to come to Retrenchments, and truly in this, he was advised to use the means of mean people, and others subordinate; Ingram and others.

And first, He removed by Proclamation a num­ber of useless persons of his own Nation, that [Page 10] unnecessarily depended upon the bounty of his Court, and returned them home again.

Then he proportioned to each Court their ex­pence, particularly rated for personal Dïet and dependance, Livery and Wages, Charge and Sa­lary.

And this was done without publick complaint of any pressure upon the people (as hath been usual heretofore to Parliaments, and by them redressed) but prudently considered, and so re­ferred to the Council Table.

In ancient time the Houshold was regulated by Book order, and continued so to Henry 8. when The anti­ent way of the Houshold. Cardinal Wolsey (for more Honour to that Christmas King of immoderate expence) setled it, and so remained a ground work to this pre­sent time, being now so corrupt as that new ways were proposed, in effect to put down Ta­bles, and to allow Attendance money, as France does; or else by setting up Hall again, to the best, first, and most magnificent order; that so being spent in publick to the Kings honour, the secret waste of Chamber Diet, and purloining out of the Court by back Doors prevented, most of the meaner Houses at Westminster, were maintained with Food and Firing, the stealth of under Chamberers.

We all know what excess was usual in our an­cient Retinue and Servants, with blew Coats and Badges, especially respecting the Garter of St. George, who were now ordered to lessen their number, and afterwards to fifty Gentlemen, and no more, to each Knight of that Order, hereto­fore an excessive number, to vie it out who should bring most.

And to reform himself from the excess of his Royal Heart in gifts and rewards, he published Orders and Articles in print, in what manner his pleasure restrained his bounty, and in what na­tures he was willing to grant. Having been libe­ral to the Scots, whom he brought with him, Men of the greatest eminency at home, thereby to bind them here with Freehold Lands, as also with English Titles. For what held the great Gas­reign Jean de Foix, firm to the Crown of Eng­land, but his Earldom of Kendall here? A neglect in Queen Elizabeth, to draw the chief Nobles in Ireland into England. By exchange or gift of Lands to have made them Freeholders here, she might then have spared Two millions in her Wars.

But indeed the Kings gifts in Land to the Scots, unthankfully and unfittingly they sold, Scots sell the Lands the King gave them conveying that Treasure into Scotland, and so his great design of uniting them here became frustrate; and we find how many of them so engaged, have turned Adversaries to his Po­sterity.

And it may be remembred well, that not a peny was given then freely to the Scots, but gave The Eng­l [...]sh repine at the Kingsgra­tifying the Scots. alarm to every part of England, Discourse, Notes, Copies of all Privy Seals for mony given, and so shewed them in Parliaments; yet no noise of what the English had, though ten times more.

But his free Hand having stretch'd his Purse­strings, then was a free Benevolence considered Benevo­lence. of, from such good Subjects, as in Hearty affecti­on to their Sovereign, were willing to contri­bute; as did the Lords and others: by which he might have experience how they would serve him, that served themselves so well. The buil­ding up of their own Fortunes and Factions, had been their diligent Studies, and his Ser­vice but the exercise of their leasures; and his benevolence came but to Fifty two thousand nine hundred and nine pounds out of their pur­ses, which yet madded the ill-minded men (Pil­lars (so some men called them) to the Kingdoms Liberties) always plotters to the Kingdoms mi­series, who being ashamed to be out done in ho­nesty and honour, they justly drew upon them­selves a Mark of Malignancy, and so needed not otherwise to be noted (by giving in their names) as is pretended; and yet they would be medling, devising poor Arguments, to pretend it was against the Subjects Liberties, though accusto­med evermore by examples of all former Sove­reigns.

But to tell your Historian how ancient the Cu­stom Hist. Great Britt. p. 78 Benevo­lence its Antiquity of Benevolence hath been, ever since the Statute of 20 Hen. 8. that united Wales and England together, and to send their Members to Sit in our Parliament; where a Motion being made in the House of Commons for a Benevo­lence to be freely given to that King, an honest Knight (for a Welch County) made Answer, Mr. Speaker, This Word Benevolence, is a pretty Word; but I understand it not: yet sure it is some­thing his Highness should have; if it be so, in Gods Name let him have it; the sooner the better, and so it may deserve Thanks, else it will not.

Thus it was then; but now it is held to be a­gainst Law, Reason and Religion; and Injustice and Impiety to be accepted.

And because his whole Reign was necessitous, and the want of Money for him to be liberal, was his Disease; I think sit to say somewhat here in ex­cuse to all the future aims and ends which he took to get Money, which answers the third way of Improvement.

There was much ado in Councel to advance the Crown by several wayes of improvement, by Endea­vours to advance the Kings revenue. Grants in Parliament, wherein the King made some Trial: so be it examined from former ex­amples, whether or no their Bounties exceed­ed his Merits. Some advised him to fall upon Acts of Resumption of Lands, Offices and Annui­ties, unadvisedly or profusely bestowed by his Predecessors, or himself, upon undeserving per­sons, which have been usually done by former Precedents of Princes, ubi necessitas Regis cogit; but this his Noble Heart disdained. Indeed it was called by some wicked counsel to work upon his Necessity, thereby to make him odious to his meritorious Servants, and good Friends.

Did he ever do as others, Hen. 3. to his Sub­jects? of whom one sayes, Quicquid habuerunt in esculentis & poculentis; rusticorum enim equos, bi­gas, vina, victualia ad libitum cepit.

He made trial of voluntary Lones, or Bene­volence by Privy Seal, which was neither bur­densome, nor dishonourable; being so petit in the Purses of the ablest Subjects.

But Compulsion I know of none, unless you call in the Star-Chamber to the Accompt, the Mulct and Fines of great offenders, and per­haps adjudged by that Court to some value as the Crime deserved, which might be suspected in favour or support of the Kings Occasions; yet you will find, when such happened, it was in the excess of unparallell'd Crimes, not in other Courts of Justice liable to Examination or Pu­nishment, which as it was in Terrorem populi, so now in these our latter dayes being supressed, in favour and liberty of the Nation, the wicked­ness of sinful man takes freedom to offend in such horrid wayes, that nought but some such extraordinary course of Justice can possibly re­form.

[Page 11] Pawning of Jewels and Plate had been fre­quent by all former Princes, and that not in or­dinary wayes; Aurum & Jocalia Foenetri Sancti Edwardi Confessoris vasa aurea, & diversa Joca­lia. The man­ner of raising Mo­nen for­merly.

Nay, Magnam Coronam Angliae. Yes, and Queen Elizabeth did it, and had no more need than he; but he did not.

To assign Customes, and pawn the next Sub­sidies to be granted, hath been a Device to draw on Supplies the sooner; which he refused.

The Privy Seal indeed he made use of, but ve­ry moderately in comparison of former Presi­dents, if you examine the Records and Rolls of willing Subjects bountiful Assistance.

Compulsory wayes have been Presidents to Necessitated Princes, exacted from Merchants, Strangers, or be committed to Prison, and the English Subject little better favoured.

What will you say of Hen. 8? Ten per Cent. of all Goods, Jewels, Utensils, and land extreme­ly rated per Sacramentum suorum. In that Rank may be remembred a Custom called Liberalitas Populi, &c, but in the gathering by Commission­ers, such Threats were used, as was little better than violence, and was customarily reduced down to Queen Mary. Indeed Queen Elizabeth had a little better way; She returning their Bounty back again sometimes, whereupon they doubled the Sum to her Majesty.

There is a Statute to compel Subjects to at­tend the Kings Service; which was repealed by Queen Mary, and that again repealed by Parlia­ment of this King; of which truly he made no other advantage, than to send half a dozen re­fractory Puritans, that troubled the State, on his Errand into Ireland, and yet paid them good Salary for their pains, which had been usual heretofore in the like case, at their own cost.

Trading themselves, I could shew Presidents for this also, of other Princes engrossing Trade of Commodities; as one did with all the Wools, at a long day, and a narrow price, and sold them over Seas with great gain: the like of Tin, Corn; nay, bind all men to Trade their Staple to one certain place, and yet themselves Trade to places of more advantage, and this was the Glory that Queen Elizabeth stoop'd unto, and took occasion to Trade in, when the Gain was advantage, though but in Strong Beer.

Licensing others also. It was so ordinary hereto­fore to raise Monies by Licensing Trade, non obstante Statutes and Customs, as that those grew to high complaints; yet necessitated Kings continued these non obstantes, non obstante, and this King found them in Grants, for certain years in being, and made no further example of them, unless Transporting of a quantity of undrest White Cloaths to the Earl of Cumberland, and some others, and that upon good reason of State too.

Raising Rates of Merchandise. There will ne­ver want Will in the Merchant to abuse each o­ther, and gain to themselves; and therefore as all Princes have occasion, and the increase of Commodities requiring, do raise the Rates; and this was done cum consensu Mercatorum; but of late the just Prerogative imposed it, where the Merchants gain might give way, if you could conceive it convenient to their Conscience, ever to acknowledge any gain sufficient.

Letting Customs to Farm. He did so: Some murmured, it grieving the Subject to pay Cu­stom to the Subject; but do they serve the King for nought? Infinite Gain! It was then wished that they should declare their Benefit, and afterwards become Collectors for the King.

Queen Elizabeth, after she had raised Custom­er Smith from 14000 l. per annum, to 4 [...]000 l made him discount what he had got. This King did not so; yet he did better: borrowed Mo­ney, and never paid it them: Besides, they were alwayes at hand to be squeezed; and what his Successor failed in that way (being perhaps surprized by Death) the next long Parliament did to purpose, ruined them all upon old Scores.

And was it not time for King James so to do? We all know by the succeed, such Contractors lost not by their Farm: by which we may be assu­red how mightily Trade increased by the wise Government of this King; and no Text more certain to prove it, than the Inter and Overloping of Merchants to get in to be Farmers; so mighty was their gain, and so secret this their Trade, as (but by their pride, profuse and stately comportment since) could never o­therwise have been imagined.

Liberties and Penalties. There have been Kings that have Proclaimed, Quod omnes Chartae irritae forent, nisi posteriori Sigillo roborentio. Nay, Qui suis volebant gaudere, innovarent Charta [...] suas de novo; and this was done by Commissioners, or by Quo Warranto against all.

And for Penal Laws, though I know, that many Projectors advised, yet former Examples of this kind have evermore been fatal to those of the Quorum; but this King declined it all.

Selling Offices had been done formerly; not a King scaped it to sell great Offices of the Crown and State, for Years, for Life, under the Kings Hand and Seal: they may be seen in the Records, thus; Chancellor, Chief Justice, all Keep­ers of Records, Clerks of Assize, Masters of G [...]e and Parks, and what else of Profit and Re­pute.

In France it is common, not one escapes; and in Spain as usual, and defended as lawful; and there are some that have prescribed them a­mongst the best Rules of Reigning Sovereignty, both Ecclesiastical and Temporal. It may be, that Favourites and Courtiers made bold with their In­terests in their Master to receive their Rewards; but his own hands were ever closed from such corruption.

Sale of Honours. It was the ancient Power, and that Legal, to call Landed men to Knight­hood or Fine; which he did by Favour and Grace which he gave: Truly I believe he was no Niggard in them too. But indeed, there being no Chivalry, or Deeds of Arms in this Time of Peace, to make men merit Honours; those that had it (Favourites excepted) I rank in De­sert, and so of due reward. To others I con­fess, they paid for it, and they were those off­hand Lords as were made Earls together, that paid eight thousand pounds apiece, and the pride of their hearts never bogled at the purity of the Project, but swallowed down the Corruption, without check of Conscience; and yet (as some say) some of them set their Sons to be [...] again part of it for their private Expence.

The Baronets were Created upon a better Score, and both these without any Plot of State, as was feigned: and the Designs upon the Earl of Salisbury for the former, and upon [Page 12] [...] s [...] the latter, when in truth, Pride and Ambition made the Proje [...] their own; and in God, Name let such pay the price thereof; and I know as honest and discreet as our lat­ter times can b [...]all of, moulded other such De­ [...], for de [...]rees of Honour, to be hereditary in [...], as under-Degrees to those already in use, which yet the King, for that present, decli­ [...].

[...] and Bulli [...]m. All men know that Coin and [...] in any State, admit great wisdom in th [...] [...]; and as many overtures were [...]w offered, as could stand with Justice or cu­stom [...] Presidents. It was much urged to a­ [...] Money, which was never used by any but [...] a last shift, full of dishonour, as in Bank­rupts, and a certain inconvenience to all Re­ven [...]es of Rents, and so to the King in that particular, as the [...]eatest Landlord, and so his disadvantage, which he declined; Monies being [...]med, quantum in massa, not altogether per [...], and so hold esteem by their true value; Queen Elizabeth held it up from abasement, which he [...] great potent Enemy Spain would not do.

[...]hen was advised Cambium Regis, an Office ancient, until of late the Goldsmiths have en­ [...]ossed it; some thoughts there were to make the Exitus exceed the Introitus in Trassick, that the unnecessary, nay useless Commodities brought in, (in old time accompted, Wines, Spices, [...] and Fine [...] Linnen) the Manufactures of O [...]-Lands, and sold to us to a great value, even in Babies and Rattles, being the said occa­ [...]ion then, the great want of Bullion, not suffici­ent i [...] sp [...]cie to pay the Lender in principal. At last it was concluded to get advantage in the [...], either Simple Metal, or Mixt; by which we see, that all Monarchs have Aere, Argen­ [...] [...], and so was Coined only Farthings, [...] other Stamps of more Value should clog the Kingdom; and a proportion was (together) C [...]ined, and do what his State could, was in [...] years counter [...]e [...]ed by our Neighbour Hol­ [...], and as many Firkins filled by them, that the Fa [...]thing-Office was not able to re­ [...]e upon the Rebate for Silver, which yet [...] continued, till these late Times called [...] examined the Inconvenience of Leaden and [...]opper Tokens, as great a Benefit now to Re­ [...], is formerly to the State, but with much more inconvenience to the Nation, being only utterable and current to each Retailer of his own Mint and Mart.

He was forced to adventure upon the use of [...], and to begin with Money, but not to build [...]on [...] upon their Discusses, whereby came that Saving in common, as of no other Design, [...] granted, Parliament [...]ded; and therein the disadvantages he found, might well distin­guish him, and their less frequent Calling from his Predecessor, and her often Invitation, and indeed discourage any Prince that should next [...]eed her.

The Disposition and Spirit of the Times, con­sidered, were not alike with him; her People [...] ingenuou [...] and un-inquisitive, wrapped in Inno­ [...]y and humble obedied [...]e; but in his time, their Passions and Disassections had got loose Reins, the Sna [...]lle in their Teeth, contesting and [...]lating.

The Reasons of her Actings were her own Will; for then she having just cause to complain of Oppressions (as they did) they only conveyed them to her notice, and left the Time and Order of Redress to her Princely Discretion; and yet when it was not altogether concerning them, she would bid them meddle to amend their own Manners; nor were her Messengers choaked by any Reproach, that came of such Errands. In his time, so much degenerate from the purity of the former, under pretence of Reforming and Freedom, that their very Enquiry extended to the Privacy of the King himself.

Afflicting themselves to search for Mischiefs, and being found, to scandalize the State with them.

How these were nourished and afterwards fo­mented, the Revolution of time hath made ob­vious to all men, and saves me the Labour to set down the Particulars.

It was no Novelty then to applaud the for­mer times, and to vilisie the present; for in­deed her Fame carried it current in a long con­tinuance, to have lived and died Royally and Victoriously, without the disquiet of the Peo­ples affections, and being but a Sojourner in the World, in respect of her Maiden-hood, might be, and was a Blessing to her own times; the impression of her good Government, besides her happy Memory, is not without some effect, which doth survive her; but this King blessed al­ready with Royal Issue, and whose fruitful Bed promised Increase, it was more proper & agreea­ble with him to be studious not only in the Tran­sitory part of good Government, but in those Acts which are in their nature permanent and perpetual to his Posterity, rather to increase, than diminish the Advantages of Sovereignty, which he aimed at, and for his part and time did perform; but it is a tender Subject to discuss; I have done.

Yet I may add a Truth; That all the force and power of his Progenitors, and all their Merits and Policies to boot (for more than an Age before hers) could never borrow so much Credit upon their Privy Seals, as she did during her Time; and left them all for this King to discharge, great and vast Sums; which shews, that Necessity put her upon that piece of State, when neither her Exchequer could afford Re­lief, nor the urgency of her Affairs endure the delaies of Parliaments assistance; for in truth, she had strained likewise from the People in that way of Subsidies, more than ever any Prince (I will not say many) that were before her.

She had the way to do it, by complaisance of a The Qu. methods to get Mo­ney. Princess; and he a King, not affecting that course, fai [...]'d of such effects.

For he was by nature more reserved than po­pular, and had his Virtues fitter for estimation, than love, and did like a King; his Soul being planted higher, overshot such Matters as lay le­vel to anothers eye.

And so (as I have said) some of these ways to get Money, were set afoot this year 1614. and upon several occasions in his Reign after pro­posed, but not effected.

In those times of Trade, the Merchant-Ad­venturer usually transported our English Cloaths, white, undress'd, and un-Died, and the Dutch had got the Art by the end, fitted and stretch'd them by their Knavery, and so return'd them to us at high Rates; of this the Cloth-workers of London complain; which was soon remedied by [Page 13] Procla [...]ation, forbidding the Transport; and to countenance that Corporation, the King was Feasted in their Hall, and made Free of their Company, the rather, because their Coat of Arms, The Thistle, is the Scots Embleme; and over went our Cloaths accordingly, Died and Dress'd; which the Hollanders forbid to be brought by them; and therefore dealt with our Fell-mongers, and got over our Wools, and the Mystery of making Cloth.

Whereupon, we Proclaim and forbid the Transport of our Wools: the Quarrel between those two Corporations, and their respective Gains is by the Merchant-Adventurers complain­ed of, and for mitigation of their mischief, several Warrants for some thousands of Cloaths were sparingly Licensed by wisdom of State, to be sent over; and so evenly moderating the Mystery of Merchants that cozen each other; and at their great Feast likewise the Prince was made Free.

The King of Denmark makes a Second Visit K. of Den­mark in England. His Enter­tainment. to see his Sister the Queen, for fourteen dayes, upon no Business of State, only his Affections to her, and Jollity to himself, with a Train of no more than half a hundred persons of Ho­nour and Nobless, of his own breeding to the Dutch Diet and Drink, to which he was too much inclined, and oft-times had his Load; for we were not wanting of our Boon Companions that waited on him for that purpose.

The Earl of Suffolk succeeding Salisbury in the Treasurership, yielded his Office of Lord E. of Suff. succeeds Salisbury in the Treasurership. Chamberlain of the Kings Houshold to his Son-in-Law Somerset, as aforesaid; and he the Place of Secretary unto Sir Ralph Winwood, lately re­turned from the Netherlands, where he had been Ambassador Lieger of a long time.

The Summers Progress returns the King to News of Overburies Death. London, where had been some muttering of Over­bury's Death in the Tower, Discovered beyond the Seas by the Apothecaries Boy that empoy­soned the Clyster, and having his Reward, was sent out of the way to Flushing; where he told the Tale to Trimball, the Kings Agent there; by whom it came to Winwood's knowledge, and so to the King, and by degrees to particular Ex­aminations, Confessions and Executions of all these; Accompli­ces. Weston an Apothecary, Mrs. Turner, a Doctor of Physick's Widow, Sir Jervis Yelvis, Lieutenant of the Tower, and Franklin, all Accessa­ries.

But Weston being the principal Actor, it was therefore his Turn first to come to the Bar, Trial of W [...]ston. at the Hustings Court in Guild-Hall; where, be­yond Judge Cook's expectation, the man stood mute, notwithstanding all Allurements and Threats that could be used; and so was returned to Prison: Cooke informs the King, That unless the principal be Convict, the Accessaries could not be tried: But by continual Cunning, and some fair promises of Pardon, Weston put him­self upon his Countrey, and was Cast, Condemn­ed, and Hanged. Cooke not content with that, gets knowledge under-hand that Serjeant Yelver­verton, an Obliged Servant to the House of the Howards, had advised this Counsel for Weston, not to betray any parties; and this Tale was told by Sir Robert Cooke, from his Fathers Con­fession.

After all, comes Somerset and his Countess, and are both Condemned. Some that were then [...] at their Trial, and not partial, conceived in Conscience, he might have been spared that Sen­tence, and as himself sayes to the King, Tha [...] than by forsook be more he fell rather for want of well desending, force of Proofs; for I so far (saies he) my self and my Cause, as that I might Condemned for that, than for the Matter.

And because it was a Story of evil Fame, near and far off, I shall put it to the Test, in a brief Narratory, being pleaded before the Lord El [...] ­more, Chancellor and High Steward for the Day, and most of the Peers at Westminster-Hall, May 1616. in this manner;

A Peer of the Land hath this Priviledge upon Treason or Felony Indicted, to be Tried by his The man­ner of this Trial. Peers; the King by Letters Patents assigns some Sage Lord of the Parliament to be High Steward of England, for that day of his Arraignment; who, before that time, makes Precept to his Ser­jeant at Arms, to warn to appear before him a certain number of Lords of the Parliament, twelve at least, upon that day at Westminster; at which time the High Steward shall sit under the Cloth of State, and cause his Commission to be read; the same Searjeant returns his Precept, and calls the Lords; who appearing by Name, and Set, the Lieutenant of the Tower is called, and brings his Prisoner into the Court to the Bar. The High Steward then declares to the People the cause why the King hath Assembled those Lords and the Prisoner, and perswades him to Answer without fear freely, and commands the Clerk of the Crown to read the Indictment un­to him, and to ask him if he be Guilty or not? To which he usually answers, Not Guilty, and to be Tried by God and his Peers; then the Kings Attorney and Serjeants at Law give Evi­dence against him; whereto, when he hath given Answer, the Lieutenant of the Tower is command­ed to return with the Prisoner from the Bar, whilst the Lords do secretly confer in the Court together; and then the Lords rise up out of their Places, and consult among themselves; and what they affirm, shall be done upon their Honour without Oath.

And being so agreed (or the greatest num­ber) they return and take their places again in Court, and the High Steward demands of the youngest Lord first, if he that is Arraigned be Guilty or not? and so the next in order, and the rest, each one answering Yea or No: Then the Prisoner is sent for to the Bar, to whom the High Steward recites the Verdict of the Peers, and doth give Judgment accordingly. Stanford Pleas del Corone; Lib. 3. Placit. 188.

The Antiquity of this kind of Trial, by Antiquity &c. their Opinion is grounded upon Magna Charta, but others take it to be more ancient, though there inserted by Henry 3. but was brought in by the Conquerour, being answerable to the Nor­man and French Laws, and agreeable with the Customs Feudal; where almost all Controver­sies arising between the Sovereign and his Vas­sals are tried per Judicium Parium suorum.

And if a Peer upon his Arraignment of Treason, do stand Mute, Judgment shall be given upon his Indictment, and yet shall not be pressed to death, but saves the Forfeiture of his Lands. Stat. Westm. Edw. 4. Dier 205. but if upon Indictment of Felony, he may be mute.

The Reason of Magna Charta aforesaid, is there expressed, where he was Indicted at the Kings Suit of Treason or Felony; the words being (nec super eum ibimus, we will not pass or sit in Judgment upon him, but by his Peers) but if an Appeal of Murder or other Felony, [Page 14] be fued by any common person against a Peer, he shall be tried by common persons, and not by Peers. Stan. Pleas Lib. 3. Brooke Trial, 142. But yet this Priviledge hath some Restraint; for an Archbishop or Bishop, though Lords of Parlia­ment, out of Parliament-time, in such cases shall be Tried by a Jury of Knights, and other sub­stantial persons, upon their Oaths, because Ec­clesiasticks cannot pass in like cases upon Trial of other Peers; for they are forbidden by the C [...]non and Ecclesiastick Laws to be Judges of Life and Death; though as Barons of the Land, they may have equal Right to Sit, as any other Lay-Peers, and may if they please, be pre­sent.

You see the great regard the Law hath to the Word of a Peer (heretofore) upon his Honour, and yet how many ordinarily break their Oaths in common?

And these premised, we come to the Case of Somerset and his Countess. [...]

First, Therefore Sir Tho. Overbury for a time was known to have great interest and straight Friend­ship with the E. of Somerset, both in his meaner For­tunes, and after, insomuch that he was a kind of [...] Oracle of Direction unto him; and if you will believe his own Vaunt (being indeed of an inso­l [...]nt and Thrasonical disposition) he took upon him, that the Fortunes, Reputation and Under­standing of this Gentleman, who is well known to have had an abler Teacher, proceeded from his Company and Counsel; and this Friendship rested not only in Conversation, and Business at Court; but likewise in communication of State; for my Lord of Somerset exercising at that time, by his Majesties special Favour and Trust, the Office of Secretary, did not forbear to acquaint Overbury with the Packets and Dipatches from all Parts of France, Spain and the Low Countreyes, and this not by Glimpses, or now and then rounding in the Ear for a Favour, but in a set­led manner; Packets were sent, sometimes open­ed by my Lord, sometimes unbroken, unto O­verbury, who perused them, Copied them, Regi­stred them, made Table-Talk of them, as he thought good. So the time was, when Over­bury knew more of the Secrets of State than the Councel-Table did; nay, they were grown to such Inwardness, as they made a play of all the world besides themselves, so as they had Cyphers and Jargons for the King and Queen, and great Men of the Realm, things seldom used, but either by Princes, or their Confederates; or at the Court, or at the least by such as practise and work against, or (at least) upon Princes.

But as it is a Principle in Nature, that the best things are in their corruption the worst, Their fal­ling [...], and the Conse­quence thereof. and the sweetest Wine makes the fowrest Vine­gar; so it fell out with them, that this excess, as I may say, of Friendship, ended in mortal Hatred on my Lord of Somerset's part.

It hath been said, that Frost and Frawd ends Fowl, and I may add a third, and that is, Friend­ship of ill Men, which is truly said to be Conspira­cy, and not Friendship; for it happened, that the Earl of Somerset fell into an unlawful Love, towards that unfortunate Lady, the Coun­tess of Essex, and to proceed to a Marriage with her; this Marriage and purpose did Overbury mainly imp [...]gn, under pretence to do the true part of a Friend, for that he accounted her an unworthy Woman; but the truth is, Overbury who (to speak plainly) had little that was solid for Religion or Moral vc. but was wholly pos­sest with Ambition and Vain glory, was loath to have any partners in the favor of my Lord of Somerset, and especially not any of the House of Howards, against whom he had professed hatred and opposition.

And that this is no sinister construction, will appear, when you shall hear that Overbury made his brags, that he had won him the love of the Lady by his Letters and industry: so far was he from being tender of Conscience in this point.

And certainly howsoever the Tragical misery of that poor Gentleman Overbury might some­what obliterate his faults; yet because we are not upon point of civility, but to discover the face of truth; for that it is material to the true un­derstanding of the state of this cause, Overbury was in many things to be blamed, and in his com­mendations Overbury in some things faulty. the Ballads may be mended for that point, which paint him out otherwise; and parti­ality must be blamed, which now a days favours him, in malice to the memory of the Ministers of these times.

But to proceed, when Overbury saw that he was like to be dispossessed of my Lords Grace, which he had possessed so long, and by whose greatness he had promised himself to do Wonders, and being a man of an unbounded and bold Spi­rit, he began not only to diswade but to deter him from the love of that Lady; and finding him fixed, thought to find a strong remedy, and sup­posing that he had my Lords Head under his Gir­dle, in respect of communication of secrets of State (as he calls them himself) secrets of Na­ture, and therefore dealt violently with him to make him desist, with menaces of Discovery and the like. Hereupon issued two streams of hatred upon Overbury, the one from the Lady, in respect that he crossed her Love, and abused her Name, (which are Furies in Women); the other of a more deep nature, from my Lord of Somerset himself, who was afraid of Overburys nature, and if he did break from him and fly out, he would wind into him, and trouble his whole Fortunes; so certainly it was resolved that Overbury must die. To accomplish his death there occurr'd two ways; the one of Assault, the other of Poy­son.

For that of Assault, after some proposition and attempt, they passed from it, as a thing too The man­ner how they at­tempted his Life. open and subject to more variety of shame: that of Poyson likewise as an hazardous thing, and Subject to many preventions and cautions, espe­cially to such a working and jealous Brain as Overbury had, except he was first in their Hands: therefore the way was first to get him over Seas, or into a trap, and lay him up, and then they could not miss the mark; and therefore in the exe­cution of this Plot, it was concluded that his pride should be designed to some Honourable im­ployment in Forein parts, and should underhand by himself, my Lord of Somerset, be encou­raged to refuse it, and so upon con­tempt he should be laid Prisoner in the Tower, and then they thought he should be close, and Death should be his Bail.

Yet were they not at their end, for they con­sidered, that there must be a fit Lieutenant of They con­sult about it. the Tower for that purpose, and likewise a fit un­der-keeper of Overbury.

First, They should meet with many impedi­ments in the giving and exhibiting of the Poy­son.

Secondly, They should be exposed to note [Page 15] and observation, that might discover them.

And thirdly, Overbury in the mean time might write clamorous and furious letters to his friends, and so all might be disappointed.

And therefore the next link of the Chain was, to displace the then Lieutenant Wade, and to They agree upon the method. place Yelvis, a principal abetter in the impoyson­ment; to displace Carew, that was under-keeper in Wades time, and to place Weston that was the actor in the impoysonment.

And this was done in such a while, that it may appear to be done as it were in a breath.

Then when they had this poor Gentleman in the Tower, where he could not escape nor stir, where he could not feed but by their Hands, where he could not Speak or Write but through their Trunks, then was the time to act the last day of this Tragedy.

Then must Franklin the Purveyor of the Poyson, in May 1613. procure five, six, seven several Poy­sons, to be sure to hit his Complexion; then must Mistris Turner, Doctress of the Poysons, ad­vise what Works at present, and what at distance; then must Weston be their Tormentor, and chace him with Poyson after Poyson, Poyson in salt meats, Poyson in sweet meats, Poyson in Medi­cines and Vomits, until at last his Body was al­most come by use of Poysons, to the state of Mithridates his Body, by the use of Treacle and Preservatives, that the force of the Poysons was blunted upon him, Weston confessing, when he was chid for not dispatching, that he had given him enough to Poyson twenty Men.

And because all this asked time, (impoysoning Impoyson him from March to September. from March 9. to September 14.) courses were ta­ken by Somerset both to divert all the true means of Overburys delivery; and to entertain him with continual Letters, partly with hopes and protestations for his delivery, and partly with other Fables and Negotiations; somewhat like some kind of persons which keep in a Tale of Fortune-telling, when they have a felonious in­tent to pick their Pockets and Purses, until at last they hastened his destruction by an impoy­soned Glyster; and this is the narration of this act which I have summarily recited. By a Gly­ster.

Then comes his Countess to her Trial, guilty of too much contrivance and practise, though Manner of the Coun­tess her behaviour at her Tryal. in Murder it be crime enough, yet she confessed that which could not be proved; and at her Tri­al, she seemed drowned in a deluge of grief, be­ing therein beholden to nature, that she should vent her self in Tears; seeing that sorrow which cannot bleed in the eyes, often festers in the heart; and so it appeared in her excess. Women can hardly do any thing without over-doing; femi­nine passions must either not be full or overslow. And indeed she could not utter one word in her own Defence, which begat relenting even in the Council that pleaded against her, who otherwise take pride to force Arguments, making their Tongues their Ware, and Eloquence their Trade: but her sorrowful silence needed the less Rheto­rick in them, to urge her guilt; or in her Judges to consult the weight of her crime.

These considerations moved the Lord Steward and Peers joyntly, to move his Majesty for mercy, Their Re­prieve. and for the present procured their Reprieve back to the Tower; but indeed she was dead whilst li­ving, being almost drowned in despair, to work out her repentance, for which cause principally her life and his were enlarged; as conceiving it the worst of Justice to kill both Body and Soul; and after long imprisonment and true and hearty penance nine or ten Years together, and no doubt Repentance also; they had liberty out of the Tower in January 1621. and contined to the At [...]. Country, and at last their pardons were procu­red, which in truth, not withstanding her great Family and deserving Friends, faith Saunder­son, got but by inches, four months before the Kings death, which was Anno 1624.

But in the whole Execution, where so many suffered, let the Prefacer to the Pamphlet of Fables, The Court and Character of King James, pick out a greater Precedent in any History more remarkable for exquisite Justice, than this of the King; wherein, by the way, he may be allowed his own even Conscience, for Justice and Mercy both, which no doubt hath found acceptance at God's Tribunal in his behalf, and his posterity in due time by our Saviours merit shall be ga­thered together in the the mystery of mans Re­demption.

And for the other Historian, let his memory Hist. of. Great Exit. be blamed for recounting so many untruths, and yet Hypocritically he closes with this Gloss, Par­don (says he) the sharpness of these expressions, for they are for the glory of God.

I could say more in this and other unfortunate Stories of backward times, but I delight not in ambitious pains in an useless description of mi­series; I had rather shew you what Somerset could say for himself, concerning his Land, much more in doubt for his life; it being a piece of charity to the distressed, and to the memory of the deceased. I shall not therefore conceal it, and the length thereof.

I should not trouble you with the Marriage of the Lady Arabella Stuart, and Sir William St. Marriage of the La­dy Arabel­la and Sr. Will. Sey­mer. Their pedegree. Maure or Seymer, both of kin to the Crown, she by the Earl of Lenox in Scotland as is well known, and he Granchild to the third Son and the heir of the Earl of Hartford, created by Henry 8. whose Sister he married 1537. and by Edward 6. made Duke of Somerset, and his Protector, who stiled himself (Edward by the Grace of God Duke of Somerset, Earl of Hartford, Viscount Beauchamp, Lord Seymer, Ʋncle to the Kings Highness of Eng­land, Governor of the Kings Person, Protector of all his Realms, Dominions and Subjects, Lieutenant high Treasurer, and Earl Marshal of England, Go­vernor of the Isles of Gernsie and Jersey, and Knight of the most Honourabe Order of the Garter, and bears Gules two Wings conjoyned in Fess Or.) Yet all these Honors rather helped him forwards to hop Headless for Felony.

His third Son Edward was restored to the Earl­dom 1 Eliz. and this William his heir, and those near the Crown, in all Sovereignties, are needful to be narrowly look'd into for Marriage.

Queen Elizabeth did so, at a farther distance of danger, and her Father made it Treason in his time; I say, I should forbear farther mention, but that a Detractor begins at her Death in the Tower, (where she was imprisoned, though her Husband escaped,) and says, (That it set Mens Tongues and fears a work, that she went the same way) having almost in his last words before told the story of Overbury impoysoned in the Tower; by which he now inforces belief, (that her death was so done for the Kings interest) when in truth she died a Year before, in September 1615.

There happened occasion at the Common Pleas, to dispute the Kings power in Commendams, the Church being void and in his Gift, whether he might give a Commendam to a Bishop (either be­fore or after his Consecration) during life or for years?

It was argued by Serjant Chibborn against the King,

That the translation of Bishops was against the Common Law: his Text was the Canons of the Council of Sardis.

That the King had no power to grant Commen­dams, but necessity.

That there would be no necessity, because no need of augmentation of Livings, no man being bound to be more hospitable than his means af­forded.

And much more Arguments tending to ove [...] ­throw the Kings Prerogative in cases of Commen­dams.

This case was to be farther argued in the Kings Of Commend [...]m▪ absence by all the Judges, which he thought to protract until they consulted with him; and so commanded his Attorney General to signifie by let­ters his pleasure to all the Judges.

The Judges notwithstanding, at the day argue the case, and return Answer by Letter to the King, that they held those Letters to be contrary [...]o Law, and such as they could not obey by Oath, and therefore had proceeded at the day appoin­ted; setting down the case to be upon constructi­on of two Acts of Parliament, 25 Edward [...]. and of the 25 Henry 8. and now between Sub­jects for private interest and inheritance; that their Oath is, That in case any Letter come to them contrary to Law, they are not to obey them, but to proceed to Justice; and so they did the last Term, 27 April 1616. The Judges subsign, Cook, Ho­bert, Tanfield, Warburton, Snig, Altham, Brom­ley, Crook, Winch, Dodderidg, Nicols and Hough­ton.

‘The King returns them Answer by Letter, Reporting himself to their own knowledge, his Princely care for Justice to be duly administred to his Subjects with all expedition, and how far he was from crossing or delaying the interests of private persons; but on the otherside, where the case concerned the high Powers and Prero­gatives of his Crown, he would not indure to have them wounded through the sides of a pri­vate person; admonishing them of an ordinary custom lately entertained, boldly to dispute the high points of his Prerogative in a popular and unlawful way of Argument, not hereto­fore usual, making them sensible how weak and impertinent the pretence of their Oath was in a case of this nature; as if the founders of their Oath, his Predecessors, were so intent in their zeal, to be uncharitable, to make a wea­pon to wound their Successors; being an ordi­nary course to put off Hearings and Determi­nings amongst private persons, Termly, and commands them peremptorily not to proceed further in the Plea, till his return to London, there to receive his further pleasure by himself; your Oath being only for avoiding importuni­ties to the Prince of Suiters in their own par­ticular.’

The King came to London, convenes them all to the Councel Table, and himself takes in sun­der King ex­amines the Judges Letter. the parts of the Judges Letter, and their Errors in proceeding both in matter and manner: in matter, by way of Omission, as well as Com­mission.

‘When the Counseller shall presume to argue his Supremacy at the Bar, and they not reprove his insolency; himself observing since his co­ming to this Crown, the popular sort of Law­yers, most affrontingly in all Parliaments, have troden upon his Prerogative, though neither Law nor Lawyer can be respected, if the King be not reverenced; and therefore it became the Judges to bridle their impudencies in their seve­ral [Page 18] Benches, especially the Courts of Common Law, who had incroached upon all other Courts, High Commission, Councils in Wales, and at York, and Courts of Requests.’

‘For the Commission in matter, whereas their Letter excepted against his Majesties command to be against the Law, and their Oath; he tells them, deferring upon just and necessary cause is not denying or delaying of Justice, but rather wisdom and maturity; nothing more proper than to consult with the King where it concerns the Crown.’

‘As for the manner, the Kings absence, be­fore the Argument, and yet is resolved to return speedily; and the case though argued could not receive Judgment till Easter Term after, as the Judges confessed.’

‘And for them to say, that the case was pri­vate between party and party; one of them is a Bishop, that pleads for the Commendam only by vertue of his Majesties Prerogative; and that they could not prove any Solicitations of either Parties for expedition.’

‘And for the form of the Letter, it was un­decent; besides to proceed and to return a bare certificate without giving reasons.’

‘Upon this all the Judges fell down upon their Knees, accknowledging their Error, and c [...]aving Pardon.’

‘'But for the matter, the Chief Justice Cook entered into a defence, that the stay of his Majesty was a delay of Justice, and therefore against Law and their Oath; that as they meant to handle the Pleading, it should not concern the Kings Prerogative.’

‘To which the King told him, That for them to discern the concernment of his Prerogative, with­out consulting with him, was preposterous; and for those of Law and Oath, he had said sufficient before; therefore he required the Lord Chancellors opinion herein, whether against Law and their Oath.’

The Chancellor excused himself as to that of Law, referring it to the opinion of the Kings Council, whereupon the Atturney General Ba­con said, That to put off the day was no delay of Ju­stice, nor endangered their Oath; for the Kings reasons were only that it concerned his Prerogative, and required therefore a stay for a small time, and advised the Judges, whether this refusal of theirs did not rather indanger their Oath, which was to counsel the King when they are called; but to counsel after the matter is past, was a simple refusal to give him Counsel at all, and all the rest of the Council concluded with him.

‘The Chief Justice Cook excepted, that the Kings Council should plead against the Judges, being their duties to plead before them, not against them.’

‘Whereunto the Attorney replied, That the Kings Council were by Oath and Office not only to plead, proceed, and declare against the greatest Sub­ject, but also against any Body of Subjects or Per­sons; nay, were the Judges, or Courts, or House of Commons in Parliament, and concluded that the Judges challenge was a wrong to their Places, and appealed to the King who was firm for them.’

‘The Chief Justice replied, He would not dis­pute it with His Majesty; the King replied, Nor with my Council: so then whether you do well or ill, it may not be disputed.’

‘The Chancellor gave his opinion with the King, and his Council.’

‘Hereupon the positive Question was put by all the Lords, Whether in a case depending, which the King might conceive himself concerned in Power or Profit, and requiring to consult with them, they ought not to stay proceedings?’

All the Judges submitted thereto, only the Chief Justice excepted, saying, When that case should be, then he would do his duty.

But the Chief Justice of the Common Pleas said, For his part he would always trust the Justice of the Kings Command.

But the day drawing nigh, the next Saturday, for Arguing the Commendams, the King desired the Judges to express, Whether they would then Argue upon the Kings general Power of granting Commendams, yea or no?

They all concluded not to draw into doubt his Power, but to insist upon the point of Lapse, which they conceived to be of a form different from former Commendams; and concluded to cor­rect the insolencies of bold arguing the Prero­gative.

Judge Doderidge concluded for the King, That the Church was void, and in his Gift, and he might give a Commendam to a Bishop, either before or after Consecration, during life or years.

The Judges being gone, the Privy Council re­solved, That the Kings desire was not against the Judges Oath, nor against the Common Law to require; and all of them subscribed to the same.

This Dispute was publickly scanned, and cen­sured in favour of the Judges, and on the contra­ry for the King; but the truth I have really ex­tracted out of the Records of the Council Table, that you may thereby see the true scope of those times.

The State of Spain having little to do in Mar­tial affairs, King Philip the third, now in Peace, Spain and France match with Sa­voy. thought to spend some time in Treaties, wherein he seldom failed of advantage. The late French King, Henry the fourth, had three Daughters, the one Married to the Duke of Savoy, which the Spaniard misliking to have those Neighbours late­ly so great Enemies, now to be link'd in love without his interest, conceived it good policy to indear the young King Lewis of France to a cross Match, to his Daughter Infanta Anna, and to Marry his Son Philip to the Princess Elizabeth, the second Daughter of Henry the fourth.

And thus those cross Nuptials might seem to cement the affections of the three States, lately so imbroiled in War, which no doubt either of them had good cause to accept; though it was said S. P. Q. R. Spain, Pope, Queen-Regent, had Queen Regent. the chief hand to undo the young King.

For the Father Henry the Fourth had made Wars upon the Duke of Savoy, to recover the Marquisate of Saluses; and this King of Spain un­der colour to aid the Duke (his Brother-in-Law) sent him Horse and Foot of Spaniards; but the Peace concluded, by exchange of Saluses with the Countries of Bresse and Gex. The Spanish Auxiliaries being muzled in warm Quarters, at Carboniers, Montemellion, Savillan and Pignorel, (the best places of Savoy and Piedmont) would not budge; no, though the Duke begg'd of them to be gone; but were absolutely commanded the contrary by Count Fuentes, Vice-Roy of Mil­lain, and so staid until that Valiant Duke, in his danger very desperate, cut all their Throats. Spain, in policy to revenge, pieces with the French, to disjoyn Savoy, upon whom he had afterward many treacherous Designs; as that [Page 19] Plot upon his Castle Nice (the Key of his Countries) when his Spanish Gall [...]es lay at Villa Franca, to have seized all Savoy's Issue.

And as it was usual with Princes in Peace and Amity to congratulate Nuptials, the Lord Hays Lord Hays sent to congratu­late these Nuptials. was looked upon as the most proper for this Errand into France; in some measure he had the Kings Favour, his Affection not at all; for wise Kings know how to do the one, and yet hide the other; so Mystical things are Courts: This makes many men misjudge, That the Kings Friendship made every one Favourite; and by often changing their Persons, was therefore held inconstant in his Passions.

This Lord, born a Gentleman in Scotland, by his bearing Coat-Arms, Argent three Escocheons Gules; Supported by two Country-Swains, Armed Plough-Tailes, the Crest a Dove volant proper; His Story was, That his Ancestors at Plough, with those Instruments their Geer, slew Malton, an High-Land Rebel, and discomfited his Train, for which Service they had so much Land (Bar­ren Rocks) as a Pigeon, cast off the fist, flew over till she rested; and all this great Purchase would not keep him from seeking Livelihood in France, where he was bred no other than a Gens d'Arms to Henry the Fourth; but quitted that Service, in hopes of better preferment of his own Sovereign.

And over he comes to meet the King at his Entrance into England, upon recommendation of the French Lieger in Scotland, who continued so here, and presented Hays upon former know­ledge in France; this, and his other good parts (being well accomplished) hastened him higher in esteem than others of his Countrey, whose nearer attendance had merited more.

But to boot, he sought out a good Heir (the Lady Dorothy) sole Daughter to the Lord Denny, and to fit him forward, after Knighthood, he had honour, and was made a Lord, for reasonable Riches his Wife brought with her.

In grateful acknowledgment of his first Pre­ferment, he Feasted the former Ambassador (be­ing lately returned Extraordinary to this King) wherein he exceeded the Limits of an Entertain­ment, which for that time was excused, as a grateful Ceremony of a large Dinner.

The Scots were never very eminent with Neighbour Nations; what Credit they had, came by the French, to keep ballance with them and England; the increase might heretofore be hoped for, when the Union of these Crowns should afford the means to set them forth; and it was prudential in the King, to pick out one of his own, to give a Splendor to that Nation in our way of Peace and Courtship; especially, when all was done at the Masters cost; for Hays was ever reasonable poor, unless by repute of his first Match, which was not much while her Father lived; and by this, last he had less: the great Spirit of Piercy Earl of Northumberland, though a Prisoner then in the Tower, disdaining the Marriage, denied her a Groat to Beggarly Scot, as he called him.

This first Embassie was for no other end than to congratulate; for certainly he had no Com­mission nor Credential to make Scrutiny for Matching our Prince with the other Sister, she being then too young. Overtures were then thought on with Spain; and so it was advertised from Sir Dudley Charlton, Ambassador at the Hague, that there was a Fame spread of such as desire to weaken the Kings Correspondence with that State, That his Majesty was on near Terms of Matching our Prince with Spain; and by an Ad­viso out of Spain, That this Match had been there debated in the Inquisition, and judged neces­sary.

And in truth the Lord Rosse was sent Ambas­sador thither (partly for that purpose) at this L. R [...]sse sent Am­bassad [...] to Spain. time also, upon the like Errand, to give Joy to that King, for the Counter-Match of his Son, and had his Instructions to feel the Pulse of that Court concerning the same; and both these Am­bassadors sent away at the same time. It was re­markable how each of them strove for the Prize, to out-vie in the Vanity of these Voyages: the Baron to his utter undoing, having no other Helps but his own, when the other had it from the Kings Purse; and in truth for this purpose to put down the English; as in that great Feast at Essex-House, and many his Masquerades after­wards at Court; for he medled not with the Tilt, as being no Sword-man; but in the other, and such like, he never scaped to act his part.

Amongst many others that accompanied Haies in this Expedition, was Sir Henry Rich, Knight Sir Henry Rich his Descent, &c. of the Bath, and Baron Kensington, afterwards Earl of Holland, Natural Son to the then Earl of Warwick; he took his initiation of Expence from this Journey, & continued the practice afterwards to the weakning of his (long time) unsetled Fortunes, being forced through Custom of the Court, to follow the other in all his Fashions; and which infection, by after-custom, became his Disease also, and almost (not over-master­ing, yet) over-shadowing his Natural Eminent Parts, with which his Inside was habited, and perspicuous to such as afterwards knew him.

If we deduce him from his Cradle, we shall find him, as it were, begotten to an Inheritance of true Nobleness and Courtly Grace, in more real Splendor than others, that seemed to ap­pear compatible with him, they being only made so by hand.

His Life indeed was intricate, sometime strug­ling with the by-paths of Sovereign Favour, and afterwards of State-Affairs, which at last (and at worst) infected him with the Disease of the Times, more malignant in his Counsellors, and other his Confidents, than in his own Conscience, or inclination, and so drew him on by various disguises of Subtilty, with the composition of his good Nature, till the Remain of his Life was in­volved into Engagements unstable; the Effects whereof smothered him in the uncouth Deluge of Destruction.

The Sword being sheathed up in Scabbard, Peace and Plenty brought the Law into Esteem, the only over-ruling power to set men (even) by the ears, and make them the more quiet ever after.

But then Cases increased so common, that Conscience was troubled to reconcile them, and made a Quarrel of Justice it self, between Sir Edward Cooke Chief Justice of Law, and the Lord Elsmore, Keeper of the Conscience, who had the better of the Cause, to the others Ruine.

The Case was thus:

Sundry Citizens got Judgment in the Court of Common Pleas by a Jugling Trick, that staved off an opposite Witness; the Plaintiff neverthe­less exhibits his Bill in Chancery against the De­fendants, who sit out Process in contempt, and [Page 20] refusing to answer, are committed to the Fleet, [...] for their Relief, exhibit their Bill in Star-C [...]mber a [...]inst the Lord Chancellor Elsem [...]e, Grounded upon the Stature of 4 Hen. 4. Cas. 23. Th [...]t the Judgment given to the Kings Court shall not be examined in Chancery, Parliament, or else­where, until it be undone by Attaint or Errour; and so thereby he had incurred Praemunire; and the Chief Justice Cooke interposed, and encouraged the Complainants.

The Chancellor acquaints the King, who sends to Bacon Attorney General, Sir Henry Montague, and Sir Randal Crewe, Serjcants at Law, and Sir Henry Yelverton, S [...]llicitor; These men Report back, That there hath been a strong Cur­rent of Practice and Proceedings in Chancery af­ter Judgment at Common Law, and many times after Execution, continued since Henry the Se­venth's time to this Day, in Cases where there is no other Remedy at Common Law, unto which the Judges are peremptorily sworn. [...] and [...].

And with this Sentence on Elsemores Side, the aged Statesman leaves the Seat of Deciding, and sets down himself to his Devotions, leaving the Seal to be born by Bacon; but the manner of the Dispose is mistold by the Pamphlet (who makes it the Chancellor's Heart-Break to be rid of the Charge) when in truth the Term come, and Else­more sick, the King sent for the Seal by Secre­tary Winwood, with a Gracious Message, That himself would be his Deputy, and not dispose it whilst Elsmore lived to bea [...] the Title of Chan­cellor; nor did any one receive it out of the Kings fight till he was dead, nor long af­ter.

And because we may be assured of the King's Gracious Favour to that Grave Chancellor, see what he says to him in two Letters following, writ every Word with the Kings own Hand.

Thus the King writes then; and continued unto this Grave Statesman such Gracious Fa­vours and Esteems to the last of his Days; for a Twelvemonth after this Letter, and not long before his Death he writes again.

Hereupon, there was some appearance of his amendment, which the Prince congratulates under his own Hand.

[Page 21] These being the last Letters, and thus assured of the acknowledgment of his Masters Favour toward his Meric, he takes leave of this Life the fifteenth of March following, 14 Jac. 1616.

The Common Pleas, or Communia Placita, is the Kings Court; Bancus Communis, Anno 2. Edw. 3. cap. 11. so called, Quia Communia Placi­ [...]a inter Suoditos, or Controversies between com­mon persons; it was now held in Westminster-Hall; but in ancient times moveable; as appears by Magna Charta, cap 11. and that upon grant of that Charter, the Court of Common Pleas was erected and setled, and at one place cer­tain, viz. at Westminster, wheresoever the King lay; and that after that time all the Writs ran, Quod sit coram Justiciarits meis apud Westmo­nast.

Whereas before, the party was commanded by them to appear, coram me, vel Justiciariis meis, simply, without addition of Place: See Glanvile and Bracton; the one writing in Henry the Seconds time, before this Court was erect­ed; the other in Henry the Thirds time, who erected this Court. All Civil Causes, Real and Personal, are determinable (or were in former times) in this Court according to the strict Law of this Realm; and by Fortescue, cap. 50. it seemeth to have been the only Court for Real Causes. The Chief Judge thereof is called Lord Chief Justice of the Common Pleas, accompanied with three or four Assistants or Associates, who are Created by Letters Patents from the King, and are installed (as it were) upon the Bench by the Chancellor, and Lord Chief Justice of that Court. See Fortescue, cap. 51. who sets down all the Circumstances of their Admission; the rest of the Officers are these; the Custos Brevium, three Proto-Notaries, or principal Notaries, called also Pregnotaries, Chirographer, Filazers, in number fourteen; Exigenters four, Clerk of the Warrants, Clerk of the Juries, or Jurate Writs, Clerk of the Treasury, Clerk of the Kings Silver, Clerk of the Essoin, Clerk of the Out­laws.

The Common Law is so Ancient, we know not the Commencement: Lex Angliae, peculiar on­ly Of the Outlaws. Common Law what (so some say) to this Land, of long time following the Conquest, evermore quarrelling for enjoyment of ancient Liberties, until Henry the Third allowed English men English Laws; and in his Ninth year grauted the great Charter; which himself infringed, and thereupon followed forty years Barons Wars, (as History stiles them) until in his fifty second year, that Charter was again reviewed and compiled, and solemnly sworn unto by succeeding Sovereigns.

The Ground of which binds the King per le­gem terrae; and what is this Lex terrae? Leges Anglicanae fuerunt approbatae consensu utentium, & Sacramento Regum confirmatae. And Communis con­suetudo Regni fuit Lex Terrae.

But in practice (say some) the Chancery is a­bove this Law, and yet duly examined, that also is allowed per Legem Terrae.

The Reason thus;

The Common Law grounded upon General Maxims, they might be too severe, or too lax; and therefore necessarily requiring Equity, secun­aequum & bonum, & sanam Conscientiam diri­gendae.

And this Chancery notwithstanding limited by Law, and erected by Law, although it seems a­bove Law.

For no Judge hath Jurisdiction without some Grant or Commission out of that Court under the Great Seal, which is intrusted to the Chan­cellor.

No Judge can hold Plea withour Original Writ framed in Chancery, and by his appoint­ment returnable before the Judges, and yet all these considered, the King, the Law, the Chancery agree together.

The Chancery must needs be erected subse­quent to the Common Law, to relieve and supply the Law in some Cases, where the simple Subject was cozened by Craft, Ignorance, or also may offend without Malice.

Moses, in his Law, in divers Cases Political and Ceremonial, he could not decide (unclean­ness by touching the dead) but referred it to God.

The Name of this Officer is, Dominus Can­cellarius Angliae, a Canceller, as some would have the Etymon: do but query what he might Cancel? Some say it is, Cancellare iniquam Le­gem communem; Judicare secundum Conscientiam; but this is an Errour; Will the Law give power to deface her self that made it?

The Chancellor cannot stay the Course of Law, but only enjoyn the person not to follow the Law; nor to cancel the Law; for notwithstand­ing this Injunction, if the party will sit out of contempt, and proceed at Common Law, the Judges cannot deny him.

Indeed this Officer hath his Name of Cancel­ling the Kings Letters Patents, so much of Ho­nour to the Law, as the other way hath been Di­shonourable.

The Natures of Letters Patents bind the King and his Successors, and all Subjects, though unfit or unjust; the Judges of Law are to judge them void, but cannot deface them nor the Seal; but the Chancellor, as a Judge of Law, may; (but not by his absolute Authority) by his ordinary power and course of Common Law, he is to Judge of them, and to hold Plea of them, and to call the Party interessed by Process of Law, and so to repeal them by Judgment, and then cancel them; which no person can do but himself.

And this was done, transversa linca circumdu­cere vel conscindere altquod Ediclum, Decretum contra Pirncipem, aut jus Reipublicae impetratum; which Cancelling is made with Lines drawn a­cross like Lattices; and it is said that Judgment-Seats were of old compassed with Lattices, or Bars cross ways, Cancells to dese [...]d the Judges and Officers from the press of People, and yet not to hinder their view. Chancels were so di­vided from the Body of the Churches, and there­upon so called.

And the Lord Chancellor, and the Lord Keeper have one Power, by Stat. Anno 5. Eliz.

So then you see how, and for what he hath his Name.

And though his Authority be highest, yet it is given to him by the Law, and proceedeth in course of Law, not according to Conscience on­ly, but Law.

That as all Justice runs from the Supream Pow­er, so by the Chancellor to all other Jurisdicti­ons.

A man complains of Wrong, or sues for Right in Chancery, from which Bill of C [...]m­plaint issues a Precept commanding the Defen­dant to appear at a day; so then a man may not be sued before he have a Writ or Breve from the Chancellor, a singular regard to the meane [...].

[Page 22] The very Writs of the Chancery are prescribed by Law, and a Form Registred in Chancery, and a Form Registred in Chancery, and if not accord­ingly issued out, the Judges will reject them; Ca [...]ed in Law, A [...]a [...]ing of the Writ.

His Authority to Judge, is of two sorts.

1. By Commen Law, or Positive Law, Poten­tia ordi [...]ata, by Process, Pleading, Judgment, &c.

2. By Potentia absoluta, by Proces, according to the Law of Nature, viz. to send for the Party, to answer upon Oath, to examine; if he will non answer, yet the Chancellor cannot condemn him in the Cause for obstinacy.

In Potentia ordinata, Mispleading on either part may marr the Matter; and the Judgment must be according to Law, however the Equity of the Case fall out.

But if the Pleading be by Absolute Power, though the Party Misplead, if the Matter be good, the Judgment must be by Equity, and not as the Pleading; but either for mally good or bad, or as the Law will in the Case.

The Question follows, Whether that Consci­ence whereby he is Chancellor, be to be Simplex Conse [...]ntia, or Regulata? viz. to be ordered by course of Court, and former Precedents; or, if no Precedents, whether Reason in codem respectu, may take cognisance of the Cause? viz.

A rich Father to suffer an honest Son to beg; o [...] a rich Son contrariò; the Chancellor cannot herein meddle.

Hereupon, we may conclude that his Autho­rity Judicial, both ordinata, and absoluta Pote­stas, are limited by the Law of the Land.

For in the ordinary he is tied to the strict Rule of Law; and by the absolute; he is ruled (though not by the course of Law) yet he is to deal per r [...]gulatam Conscientiam; but in any Case, not to contradict what Law hath allowed.

But to conclude, his absoluta Potestas, by what means he should find out Truth, truly it is without limitation, only to be referred to his own Gifts, and the Grace of God that gives Wisdom.

Sir Francis Bacon succeeded Elsemore Lord Sir Francis [...] su­ceeds [...]. Chancellor; though a wonder to some (so mean a man to so much preferment): he was then At­turney General; and as others by that place, and in the usual way of Preferment (time beyond memory) come to high Office of Judicature, either there, or to other Benches, so did he; but his misdeeds afterwards turned him out of all, and he died poor and private; see An. 1621.

And as his Genesis of Preferment came to the Chair of State, so the Exodus of Treasurer Suf­ [...]olk in his Office, brought him to the Star-Cham­ber, and the Glory of the New Chancellor, Chair­man there, [...]o sit in censure upon him; and so, to set out himself in his Matchless Eloquence, which he did then by Sentence, as the Mouth of the Court, as all others had done; their Abili­ties assording them several ways and manners in that Court more particular, as their Qualities concern them to distinguish.

So here also the Chief Justice Cooke newly re­vived from the sad condition of his former Dis­grace for his too narrow Inquisition into the Faults and Fall of Somerset; he now finding the Fate of Court policy final in this Lord, and his [...] at liberty to speak what he lists, paral­l [...]ls this Lords Crimes with other such corrupt [...], taking Precedents of all former [...].

[...] de Briton, who was Sentenced to lose all Lands and Goods; but they were restored to him, and he Fined 3000 l. for misusing K. H. 3. Treasure.

Such another was Treasurer of Ireland, Pe­trus de Rivallos, and of great Command, also High Chamberlain of England to Edw. 1. His Of­fences were, Bribes of all men, poor and rich, Religiosis quam de Laicis: Fined and Ransomed.

The like did the Abbot and Monks at West­minster, took out of that Kings Treasury there, ad inestimabile damnum Regis & Regni; for which these priviledged Pretenders could not be ex­empt from Trial, and the Temporalties of the Abbey seized for Satisfaction; till which time of Payment they suffered Imprisonment.

Nay Walter de Langton Bishop of Coventry and Lichfield scapes not, Edw. 3. This Treasurer took Bribes then, though small; but a hundred pound of the Earl of Montalto, ut amicus in a­gendis negotiis versus Dominum Regem; let him escape Prison to do his business, and what was given was of free will, and ex Curialitate sua; yet in those days it amounted to Extortion.

But he had Additionals, having indicted John de Engam of Trespass, for the Mannor of Fi [...]by, to which the King had Title, and imprisoned him; and when another Mannor was conveyed to the Bishops for Courteses done per diversas Curialitates, Engam was set at liberty; but it seems the Bishops Plea would not serve his turn, That the King would rather punish by Imprisonment than Fine.

And those good Times accounted it Bribery.

Again, The Bailiff of Oxford was committed for Arrears of one Hundred pound in his Ac­compt, and the Mannor of Caloot conveyed to the Bishop for satisfaction; yet because he was of pure Devotion discharged by the Bishop, these Cases all three were condemned of Extortion and Bri­bery, and the Bishop soundly paid for it, by his Purse and Imprisonment.

In Ed. 3. He imprisoned William Lord Latimer, with Punishment and Fine; being in Commission to pay off the Kings Debts, he compounded for eight per Cent. and 30. for 40. By which, says the Record, he turned it upon the King to be a Bankrupt Compounder.

So the Baron Nevil bought the Kings debts of the Army, and though he pleaded that they for­gave him the remainder freely, yet was he Fined.

Such like Examples as these were brought to raise the Offence of this Lord Treasurer, of him­self as of high Birth, so most Noble, and with­out doubt disdaining to commit base Crimes; but whether the Guilt of Sir John Dingly, one of the Tellers in the Exchequer, an intimate Ser­vant to the Secresies of Suffolkes Countess, or some necessity to make bold to borrow such Sums as his Fabrick at Awdley-End had need of, or the vain and monstrous Expence heretofore of that Family, all that could be (besides the Necessity of Court-Fate) cast in his Dish, was the imbezling the Monies lately paid by the States of the Netherlands, for the Redemption of the Cautionary Towns Flushing and Brill, and he Fined thirty thousand Pounds, and Dingly two thousand Pounds, the man deserv­ing to pay for all, it being of his Designing.

But the Treasury was from thenceforth for some time trusted to Commissioners.

At Midsummer after the King comes to the Star-Chamber, then intending to settle his home affairs for his resolved Journey into Scotland, which be­gan the next Spring; and therefore now the more [Page 23] to exalt the Seat of Justice, of which this Court was most eminent, he discharges his duty to God and his People in a most excellent discourse, the Character of his inward inclination to Justice and Piety.

‘HE begins with Scripture, Give thy Judg­ment to the King, O God, and thy right [...]ous­ness to the Kings Son; the literal sence, upon the Prophet David and his Son Solomon, Godly and Wife; the mystical sense, upon God and Christ his eternal Son, Just and Righteous; from which imitation all Governments, especially Monarchies, have been established. Kings are properly Judges, and sit in the Throne of God, and thence all Judgment is derived from the King to his Magistrates; not to them Privativé, but Cumulativè. So the Counsel of Jethro to Moses, the Judges were deputed for easier que­stions, the more profound left to Moses; so all Christian Kings govern, whereby appears the near conjunction, God and the King upwards, the King and his Judges downward; the King to settle the Law of God, and his Judges to in­terpret the Law of the King.’

‘Thus à Jove principium, he comes to his Er­rand.’

‘1. Why he came not speak here in fourteen Years, as his Predecessors have done often, espe­cially Henry 7. from whom the King is descen­ded doubly to this Crown, and so desires to follow him in his best actions.’

2. Why he comes now?

‘For the first, Though he had been an old King, when he came hither, and well practised to Government, from twelve years of age, yet here he resolved with Pythagoras to keep silence for seven years: that apprenticeship ended, the impediment was the choise of some worthy cause, betwixt King and some Subject, or Sub­ject and Subject: the one might seem partial as for himself; the other oblique, in favour of a party.’

‘But twice seven Years his whole Reign here brings him only to speak now publickly, concer­ning the Reformation of Judicature in Westmin­ster-Hall; which heretofore he had in part deli­vered on private occasions.’

'Dividing his Charge.

• '1. To Himself.
• '2. To the Judges.
• '3. To the Auditory.

‘First, He protests that as Confirmation follows Baptism, so now he renews his Oaths of Corona­tion, in Justice and Law; the Common Law of the Land he never pressed to alter, but (as in the union of his Person) so he indeavoured it really, to conform Scotland to England; not this to that, anent the Prophecy of his Grandfather, Henry 7. That the lesser Kingdom by Marriage would follow the greater, not the greater the less; and there­fore Married his eldest Daughter Margaret to James the fourth, the Kings great Grandfather, and so blames that nice opinion, that the union of Great Brittain would alter our Laws, which he ever declined, as a maxim in matters of State and Policy, innovation and alteration makes it worse; that he was sworn to these Laws; and to alter them, had been perjury to him; Justice may be moderated by him, with mercy, but in matters of Justice he will be blind to partiality, to hasten Justice, never to de­lay.’

‘He distinguishes the Law, the inneritance of King and Subject, to be determined by the com­mon Law; set down by our fore-fathers and expounded by Learned Men in their Com­ments, and called Responsa Prudention, or by Sta­tute Law, and this is Law of Inheritance.’

‘The other Law, Gods Law, governs all, Common and Municipal as dependents; and he complains of the neglect of Divine Laws, and disrespect to the Ministers of the Church, which is the most pure, and nearest the Primitive and Apostolical Church in Doctrine and Discipline of any in Christendom.’

‘Next to this is the Civil Law, (the Law of Nations) it satisfies strangers, and his own Subjects in matters of Piracy, Marriage, Wills▪ which Law he divides, Civil and Canon, and complains of the contempt upon it; and con­cludes his own Charge, as to maintain, so to purge it from two corruptions, Incertainty and Novelty, to clear it to the People by advice of Judges, and to purge it of Niceties introduced by Judges themselves; and so as the Pastor takes the Sacrament himself, and then distributes; so he to them, least it be said, Turpe est doctori, cum culpa redarguit ipsum.’

‘The Charge to the Judges consists of three parts, to do Justice, Generally, Indifferently, Fearfully; Generally, uprightly as to answer God and the King, and punishment from either; Indifferently, to all parties, King and Subject, Subject and Subject, without delay, partiality, clean and uncorrupt; Fearfully, not your own conceits, for you are no Law-makers, but In­terpreters; jus dicere, not Jus dare; for you have no Voice in Parliament, but to advise; and though some Laws are obscure and may be better known to you by Books and Presidents, yet their interpretations must be Subject to common Sense and Reason: Ratio est anima Legis, clear Law or solid Reason.’

‘But where the formality hath no place, as in Denmark; the State is governed by written Law; no Advocate or Proctor, only the Par­ties plead, and Law is read, and so Sentence. They complain of our curious Wits, various Conceipts, different Actions, and several Ex­amples, which breed questions in Law; but if plain, it speaks it self; if otherwise (as inven­tions abound) they are to interpret and draw a good minor of natural Reason, out of a major of direct Law; and so will follow a true conclu­sion. Though common Law be a Mystery, and your interpretation be not understood, yet by reason of want of Logick and common Sense, it will be false: and as they are Judges and di­vided into Benches, so they must confer, debate, not single opinions, per emendata Suffragia; and thus in general to their Office.’

As to their limits.

‘First, Not to incroach upon Prerogatives of the Crown; deal not in difficult questions [...]re you consult with the King and Council; other­wise it is to wound the King thorough the sides of private persons; and herein commends some of the Judges that of late rebuked and blunted the sharp edge, and vain popular humor of some pleaders at the bar for meddling therein. The mystery of the Kings power is not lawful to be [Page 24] disputed, which seems to wade into the weak­ness of Sovereigns, diminishes the mystical re­verence of them that sit in the Throne of God.’

‘Secondly, One Judicature not to invade up­on others, as unfit and unlawful; and herein he inlarges himself, that besides Common Law there are Courts of Requests, Admirality, Pre­sident and Councel of Wales, of the North, High Commission, and every Bishops Court, these shall keep their limits and bounds; so the Common Law shall not encroach upon them, nor they on that.’

‘In Westminster-Hall, four Courts; two Civil, Common-Pleas, and Exchequer; two Criminal, Kings-Bench, and Star-Chamber: the Common-Pleas, is a branch of the Kings-Bench, being first in one Court, and after the Common-Pleas being extracted, it was so called, as Pleas of private Men; the other, the Exchequer for the Kings revenue, the principal institution thereof, and their chief study, and as other things come orderly thither, so to administer Justice.’

‘Keep you within compass, give me my Right of private Prerogative, I shall acquiesce. As for the Prerogative of the Crown, it is not for a Lawyers Tongue, nor lawful to be dispu­ted. It is Atheism to dispute what God can do, his revealed will ought to content us; so it is contempt in a Subject to dispute what a King can, or cannot do: the Law is his revealed will.’

‘The Kings-Bench is the principal Court for Criminal Causes, and in some respects it deals with Civil Causes.’

‘The Chancery a Court of Equity, and deals likewise in Civil; the dispenser of the Kings Conscience, following the intention of Law and Justice, not altering Law, nor è converso; it exceeds all Courts, mixing Mercy with Ju­stice: other Courts are only for Law, and where the strictness of Law might undo a Subject, there the Chancery tempers it with Equity, and preserves Men from destruction.’

‘The Chancery, is undependent of any other Court, only under the King, teste me ipso, from which no appeal; yet am I bound so to main­tain others, as this, not to suffer wrong.’

‘My Chancellor that now is, I found him Keep­er of the Seal, the same in substance with the other stile: he is witness, my Warrant was to him to go on according to Precedents in time of the best Kings, and most Learned Chancel­lors.’

‘The duty of Judges is to punish such as de­prave Kings Courts, and therefore it was an inept Speech in Westminster-Hall, to say, that a prae­munire lay against the Court of Chancery; yet it should not be boundless, the King is to correct it and none else, and therefore the King was abused in that attempt, and now commands none presume to sue a praemunire against it.’

‘As all inundations are conceived prodigious by Astrologers, so overflowings of the banks of Jurisdiction is inconvenient and prodigious to the State; let there be a concordance and Mu­sical accord amongst you, keep to your Presi­sidents and Authenick, not controverted but approved by common usage of best Kings and most Learned Judges.’

‘The Star-Chamber Court hath been shaken of late, and last Year had received a blow, if not prevented by a few Voices. He descants on the name Star, a glorious Creature, next in place to the Angels, the Court glorious in substance, compounded of four sorts of persons; the first two, Privy Counsellors and Judges, Wisdom of State, Learning in Law; the other two sorts, Peers and Bishops, to give Greatness and Honor to the Court; the other of Learning in Divi­nity, and the interest of the good Government of the Church; so Divine and Humane Laws, Experience and Practise in Government are conjoined in the proceedings of this Court.’

‘The Kingdom without a Court of Equity, ei­ther by it self, as in England, or mixed in their Office that are Judges of the Law, as in Scot­land; and here in England, where the Law de­termines not clearly, there the Chancery does, having equity, which belongs to no other Court, punishing Attempts, other Courts only facts: and where the Law punishes facts lightly, as in Riots or Combates, the Star-Chamber punishes in a higher degree, as in Combinations, Practises, Conspiracies; so being instituted for good, gives it the more honour.’

‘Keep your Courts in harmony, Judges are Bre­thren, the Courts Sisters; the Muses to differ, breeds contempt to either, and disputes against each other, turns Pleas from Court to Court in circular motion, Ixions wheel; the reason of Multitudes of prohibitions, causes are scourged from Court to Court, like Tantalus fruit, near the Suiters lip, never to his taste; a delay of Justice makes Causes endless.’

‘He tells them how he hath laboured to gather Articles, an Index expuragatorius of novelties crept into the Law; look to Plowden's Cases, and the old Responsa Prudentum; if you find it not there, then (ab initio non fuit sic); away with it.’

‘To the Auditory he hath but little to say: as he hath confirmed his resolution to maintain his Oath, the Law and Justice of the Land; so he expects their duty in observances of the Law, and divides their submission into three parts. First, In general to give due reverence to the Law: this general he divides also into three.’

'Not to sue but upon just Cause.

‘Be content with Judgment to acquiesce as he will do, equal with the meanest Subject.’

‘Do not complain and importune the King against Judgment; it is better to maintain an unjust Decree, than to question every Judgment after Sentence. As you come gaping for Justice, be satisfied with the Judgment; but in Bribes complain boldly; if not true from you, expect lex talionis; to accuse an upright Judge deserves double punishment.’

‘Secondly, In your Pleas presume not against the Kings Prerogative or Honour; if you do, the Judges will punish you; if they do not, I will them and you. Plead not new Puritanical strains, to make all things popular; keep the ancient limits of Pleas.’

‘Thirdly, Change not your Courts, as if to mistrust the Justness of your Cause, but submit where you begin. So he sums up all, the charge to himself, Judges, and Auditory; his excuse; why he came not till now? Why now?’

‘And because of his custom to deliver a Charge to the Judges of Circuits; he tells them now also as they are Judges with him in that Court; so Judges under him, and his Substiutes in Circuits Itinerant to his people; a laudable custom to go to the people in their Counties, as they come up to them at Westminster-Hall; that you go to punish as well as to prevent of­fences; [Page 25] charge the Justices of Peace their du­ties; take an accompt of them, and report their Services to the King; for the King hath two Offices; 1. To Direct, 2. To take an Ac­compt from them to this Chancellor in writing, and so to him.’

‘Of these two parts, the nisi prius is proper to them, and the other necessary for him; there­fore as Christ said, hoc agite, yet & illud non omittite; and commends the Office of Justice of Peace of high honour and repute.’

‘They are of two sorts, good and bad, the good he will reward and prefer, being as capable of his favour as any about him whomsoever; the farther off in distance of place, the more de­sert, and his providence must reach to the end of his limits; the good are industrious, the bad idle, contemplative Justices are of no use; and for the number, as many hands made light work, so too many make slight work.’

‘As to the Charge, he will repeat what he hath said heretofore, Lectio lecta placet, decies repetita placebit; anent Recusants and Papists, my grief when they increase; there are three sorts of Recusants.’

‘The first, such as will not be themselves, but their Wives and Families shall be; and they shall appear at Church sometimes, inforced by Law, or for fashion; these are formal to the Law and false to God.’

‘The second sort are Recusants whose Consci­ences are misled, and therefore refuse the Church, otherwise peaceable Subjects.’

‘The third are practising recusants, they will force all persons under their Law, and infect others to be as they are Recusants; these are men of pride and presumption.’

‘His opinion can bear with the person of a Papist so born and bred; but an Apostate Papist he hates, such deserve severe punishment.’

‘He is loth to hang a Priest for Religion, and saying Mass; but if he refuse the Oath of Al­legiance which is meerly Civil, he leaves them to the Law, against whom it is no persecution, but Justice; and the like against those Priests that return from banishment; such also as break prison, they can be no Martyrs that refuse to suffer for their Conscience; Saint Paul would not go forth when the doors were opened, and Were open Saint Peter came not out till lead by the Angel of God.’

‘Then he concludes with the ordinary charge against the numbers of Ale-houses, too frequent buildings in and about London; and also the ex­tream resort of the Gentry to the City, bids them countenance the Religious Clergy against all Papists and Puritans, and God and the King will reward their service.’

Let us remind Scotland. It was eight years since the Marquess of Huntley had been excom­municate, Affairs of Scotland. upon hopes from time to time of his conformity and reconcilement; but increasing in­solencies were lately committed, and as soon in­larged by the Chancellor, underhand favouring too much the Papists; the Church complains hereof to the King, the Marquess posts to Eng­land, to palliate his displeasure; but a Messenger meets him at Huntington, with command to re­turn him home to Justice; yet here he staies un­til he receives new Authority to appear at Court, where he humbly submits and offers to commu­nicate; but being contrary to the Canons before Absolution, a great debate followed how to ha­zard him to the Church of Scotland, lest by the way he should recant; and indeed the King ever­more endeavouring to rectifie his Conscience, and to recover him to be a Proselyte.

The adventure was thus pieced: the Bishop of Cathness now at Court, must consent in the name of the Scots Kirk, for the Archbishop of Canterbury to absolve him; and the sorm new devised so to do, in respect of the corespondency of that Church with England.

The Scotish Church hears of this, and inter­prets that act as an usurpation upon their Rites; which the King is fain to excuse in a long Letter to satisfie that curiosity; and lest he should seem to take upon him to palliate so great a presumpti­on of himself only, the Archbishop also gave his Reasons in writing, without intrenching upon the independencies of so free, absolute, and in­tire Authority of Scotland.

And withal, Huntley come home, must supplicate that Assembly now convened at Aberdene, for their confirmation and his submission, which was solemnly performed.

And because it was about the end of the Ge­neral Assembly; we shall shut it up with inserting such Articles as may enlighten the Reader to the knowledge of the Kings elaborate Care and Wisdom, in reducing a perverse Jurisdiction to this moderate issue, in conformity to the Disci­pline of the Church of England; by which we may conclude the evident signs and hopes of a full recovery in time from their peevish Hierarchy, which had been prosecuted in some measure, from the very time that this King took Government to himself, and brought it before his Death to a semblable conformity with England; and might so have prospered to perfection, had not their and our sins since set a period to us both.

‘1. For the more reverence of the holy Com­munion, the same should be celebrated kneeling, which always had been standing.’

‘2. Not to be denied the Patient desperate sick in his bed, with three or four of Religious conversation to communicate with him.’

‘3. The Sacrament of Baptism not to be lon­ger deferred, than the next Sunday after the birth, and in necessity in a private House by the Minister, and publication thereof the next Sun­day in the Church.’

‘4. That the inestimable benefits received from God by our Lord Jesus Christ, his Birth, Passion, Resurrection, Ascension, and Sending down the Holy Ghost, having been commendably remem­bred at certain days and times by the whole Church of the World; every Minister upon these days should therefore commemorate the said benefits upon those set days, and to make choise of several pertinent Texts of Scripture to frame his Doctrine and Exhortations there­to.’

‘And because Confirmation after Baptism stuck in their Stomachs, and indeed the King was unsatisfied therein, terming it a meer hot [...]h­potch, and not clear to his apprehension; but yet thus much was concluded,’ ‘that seeing the act of Confirmation of Children is for their good Education most necessary, being reduced to the Primitive integrity; the Minister shall Cate­chize them after eight years old, to rehearse the Lords Prayer, the Belief, and Ten Command­ments, with Answers to Questions, in the small Catechism, used in the Church; and that the Bishops in their Visitations should bless them [Page 26] with Prayer for their increase of Grace and continuance of Gods heavenly gifts with them.’

So much was done indeed, and presented hum­bly to his Majesty, with some reasons why the same being novel to them, were not as yet inserted with the Canons, which the King did not then otherwise press, as resol [...]ing to effect his desire, at his coming personally into that Kingdom, when his presence should satisfie with reasons all scrupulous aversion.

About this time happened that difference in the family of Sir Thomas Lake, one of the Secre­taries of the State, between his Wife and Daugh­ter, and the Countess of Exeter, which involved him and his into ruine.

This Lake was a learned Gentleman, brought Sir Thomas [...] [...]. up under Sir Fr. Walsingham, (that subtile Se­cretary of State) as Ama [...]ensis to him, and af­ter good experience of his deserts was recom­mended to Queen Elizabeth, and read to her French and Latine, in which Tongues she would [...], that he surpassed her Secretaries, and was so imployed all her time; for he was reading (as to quiet her Spirits) when the Countess of War­wick told him, that the Queen was departed.

But not [...] before the received him Clerk of her Sig [...], and he was chosen by this State in that Place, to attend King James from Berwick; and so sufficient he was, that the King made use of his present service in some [...]rench dispatches, by the way that he came hither; which indeed Secretary Cecil had reason to reseat, as too much treaching on his Office.

And therefore craved leave of the King, that he might not attend beyond his Month, to pre­judice the other Clerks; which was excused, and he kept still at Court.

These sufficiencies of his enabled him in these times of gaining, with much repute and direct honesty to purchase large possessi­ons.

And now the place of Secretary was joyned in two Principals, Sir Ralph Winwood and him: and so he continued with honourable esteem, un­til m [...]lice and revenge, two violent passions [...]erruling the weaker sex, concerning his Wife and Daughter, invol [...]d him into their quarrel, the chief and only cause of his ruine.

He had by his Wife Sons and Daughters, his eldest Married unto Baron Rosse, (in right of a Grandmother) the Son of Thomas Earl of Exe­ter, by a former Venter; this Baron therefore, and upon Lakes credit, was sent Ambassador ex­traordinary into Spain, An. 1611. in a very gallant Equipage, with hopes of his own to continue [...]ger, to save charges of transmitting any other.

In his absence here sell out a deadly send ('tis no matter for what) between the Lady Lake and he [...] Daughters Stepmother the Countess of Exe­ter, which was particularly described in a Let­ter, and sent from England to Madrid in Spain, which was shewed by the Person to whom it was wr [...], to my Lord Ambassador there.

A youthful W [...]dow this Countess had been and Virtuous, the Rel [...]ct of Sir Thomas Smith Clerk of the Council and Register of the Parliament, and to see came bedsellow to this Gouty, Disea­sed but Noble Ea [...]l, and that preferment had [...] her subject to envy and malice.

[...] [...]mes the Lord [...] from his Ambassie, [...] he [...]ell into some neglect of his Wife and her kinred, upon refusing to increase allowance to her settlement of Jointure, which was promi­sed to be compleated at his return.

Not long he stays in England, but away he gets into Italy, turn'd a professed Roman Catholick; being cozened into that Religion here by his pub­lick confident Gondamore.

In this his last absence, never to return, the Mother and Daughter accuse the Countess of former incontinency with the Lord Rosse, whiles he was here; and that therefore upon his Wives discovery he was fled from hence and from her Marriage-bed; with other devised Calum­nies, by several designs and contrivements to have impoysoned the Mother and Daugh­ter.

This quarrel blazened at Court, came to the Kings Ear, who as privately as could be, singly examined each Party; the Countess with tears and imprecations professes her innocency; which to oppose, the Mother and Daughter counter­feit her Hand to a whole sheet of paper, wherein they make her with much contrition to acknowledge her self guilty, crave par­don for attempting to impoyson them, and de­sire friendship for ever with them all.

The King gets sight of this, as in favour to them, and demands the time, place, and occa­sion when this should be writ; ‘they tell him, That all the Parties met in a visit at Wimble­ton, (the Earl of Exeters House) where in dis­pute of their Differences she confessed her guilt; desirous of absolution and friendship, con­sents to set down all under her own Hand, which presently she writ at the Window, in the upper end of the great Chamber at Wimbleton; in presence of the Mother and Daughter, the Lord Rosse and one Diego a Spa­niard, his confiding Servant.’

But now they being gone, and at Rome, the King forthwith sends Mr. Dendy one of his Ser­jeants at Arms, (sometimes a Domestick of the Earl of Exeter, an honest and worthy Gentleman) post to Rome; who speedily returns with Ross and Diego's Hands, and other Testimonials, that all the said accusation, confession, suspitions and papers con­cerning the Countess, were notorious false and scandalous; and confirm it by receiving the Eu­charist, in assurance of her Honour, and his In­nocency; besides several Letters of her Hand, compared with this Writing, concluded it coun­terfeit.

Then the King tells the Mother and Daughter, that this Writing being denied by her, their Te­stimonies, as Parties, would not prevail, with­out additional witness.

They then adjoyn one Sarah Wharton, their Chamberess, who, they affirm, stood behind the Hangings, at the Entrance of the Room, and heard the Countess read over what she had writ; and to this she swears before the King.

But after a Hunting at New Park, the King entertained at Wimbleton, and in that Room, he observes the great distance from the Window to the lower end, and placing himself behind the Hangings (and so other Lords in turn) they could not hear a loud voice from the Window; besides, the Hangings wanted two foot of the ground, and might discover the Woman, if hid­den behind: the King saying, Oaths cannot deceive my sight; and the Hangings had not been remo­ved in that Room in thirty years before.

Nay more than all these, the Mother and Daughter counterfeit a Confession in Writing, [Page 27] of one Luke Hutton, that for forty pounds the Countess should hire him to poyson them; which man, with wonderful providence was found out, and privately denies it to the King.

And thus prepared, the King sends for Lake, whom in truth he valued, tells him the danger to imbarque himself in this Quarrel; advising him to leave them to the Law (being ready for a Star-Chamber Business).

He humbly thanked his Majesty, but would not refuse to be a Father and Husband; and so puts his Name with theirs in a cross Bill; which at the hearing took up five several days, the King sitting in Judgment; but the former Testimonies and some private Confessions of the Lady Rosse and Sarah Wharton, which the King kept in secret, made the Cause for some days of Trial, appear doubtful to the Court, until the Kings discove­ry, which concluded the Sentence, pronounced upon several Censures, Lake and his Lady Fined ten Thousand pounds to the King, five Thousand pounds to the Countess, fifty pounds to Hutton, Sarah Wharton to be whipt at a Carts Tail, about the Streets, and to do penance at St. Martins Church; the Lady Rosse for confessing the Truth and Plot, in the midst of the Trial, was par­doned by the most voices, from Penal Sen­tence.

The King (1 remember) compared their Crimes to the first Plot of the first Sin in Para­dise, the Lady to the Serpent, her Daughter to Eve, and Sir Thomas to poor Adam, whose Love to his Wife (the old Sin of our Father) had beguiled him; I am sure he paid for all; which, as he told several, cost him thirty Thousand pounds, the loss of his Masters Favour, and Of­fices of Honour and Gain; but truly, with much pity and compassion at Court, he being held an honest man.

Discontent among the Roman Prelates, put the Archishop of Spalato, Mark Antonio de Dominis, History of the A. B. of Spalato. to seek his Peace against that See, by sundry overtures unto several Princes in Italy, and other where, Spanish and French; at last he be­comes tainted with some Opinions Heretical to them, which either he believed, or took up such Tenents for the present time, to prepare him a fitter Proselyte hereafter; and finding no sure foot­ing from the Fury of the Pope and Conclave, he steals over into England; and to please the King, pretends Conversion by his Majesties Works of Controversie, and quarrels with Bellarmine; how­ever, it was thought fit to bid him welcom, and to prefer him to the Deanary of Windsor; and for better Support, to the Mastership of the Sa­voy.

This vext Count Gondamore, the Spanish Lie­ger, who intending to tempt him (as the Devil does his Creatures) with a bosom-sin, that which they love, had intelligence of his innate disposi­tion to Avarice; with this he tampers afar off, and with leave of his Master, invites him to turn again, from this so mean Allowance, and take Preferment in the Conclave, to be Spains Pensi­oner there (as almost all are) with this assurance of a Cardinals Cap, he was cozened into the Court of Inquisition, and so to Gaol, where he ends his Days with grief, and died a Protestant Professor, in malice, say some, to the Papists, or rather of no Religion at all, as others.

The late sudden Murder aforesaid of Henry 4. of France, left the Sovereignty to Lewis his Son, Marquess d'Ancre murdered in France. and his Minority to be supported by his Mothers Regency; and she in miscarriage, through too much affection to her Favourite the Marquess d'Ancre (a Mechanical Florentine, her Countri­man) occasioned the Princes of the Blood to seek their Fredom by force, which lasted not long, after their several imprisonments; for the quar­rel rising high, and D'Ancre busied abroad, they plotted there by a bold Captain of the Gens d'Arms de Vitry, and effected upon D'Ancres Person with a single Pistol, at the instant when he returned to the Palace, the Lovre in Paris, and his Corps had no other Balm for their Burial than his own Blood, being dragg'd about the City by the Peo­ples rage, till the disjointed Limbs were left for Ravens.

King Lewis was young, and engaged before in his Mothers Quarrel; but this Accident taking fire, as the Princes would have it, soon won their weak Sovereign on their party, and in policy, perforce, he owned their Actions, as the most convenient Justice, for quieting the differences; and so the Government taking hold on this oc­casion, turn'd to the other side, and had the bet­ter of the Queens Faction; she being afterwards led up and down the Kings Army under oversight, as a Prisoner, but shewed to the People, as if re­conciled to her Son, the chief Mover, having paid the Account upon the execution of his Per­son.

This for the present, which lasted by Fits for some years, as her Faction took breath, until that excellent Engineer of State-Policy, Cardinal Richelieu had put her into a Jealousie of her own safety at home, and so opened a Gap whereby (as in stealth) she might get loose out of the Kingdom; but Sovereigns leaving their Sub­jects, are seldom sent for again; and after much turmoil and tampering with several States and Italian Tricks, she ended her days very poor in Germany, in the City of Collen.

And Richelieu successeful in all his Policies, set­led that Nation to his Death in their due submis­sion to Sovereignty, which broke out afterwards, Anno 1652. into like Examples of former Mise­ries.

The Blessing of Peace and Plenty enthroning this our King, resolved him for a leasurely Expe­dition into Scotland, in the opening of the last Spring, which was not performed this Summer-Season, partly to make good his Promise, when he took leave of his Native Countrey, to give them a Visit after some time of settlement in his New Inheritance; and in some policy it was ha­stened now to be out of the way of Address from the Emissaries of the French (that unstable State) now in the height of Dissention, whilst King James and his Court were thus refreshed from Affairs and Business here, in as much Prudence and Splendor as the consideration of this Jour­ney was necessary to the Design, which an Histo­rian (with his Pasquil-Observations) spends in Ri­diculous Riot.

But it was indeed by his Presence to warm those cold Countreys with the Beams of Majesty, and with his Precepts to warn that Rebellious Nation of their Feuds, by example of their old French Friends fresh Miseries, to settle the Spi­rits of the Factious Presbytery, in obedience to Episcopal Hierarchy; to pass some Bills and Acts of Of the fa­ctious Presbyte­ry. Parliament, to regulate the exacting powers of some Officers in trust, to give Grace to the hum­ble, and content to all.

‘And forthwith a Proclamation was advised in Scotland, and there Published of a King Solomon-like instinct, to visit that Kingdom, and therein [Page 28] gave them assurance, not to alter the Civil and Ecclesiastical Estate, but by Reforming Abuses in the Church and Commonwealth, and advised them to all Accommodations to bid him and his Welcom.’

These Directions were accompanied with others of State, and amongst them, for repair­ing and orderly adorning his Chappel, and Of­ficers sent out of England with Necessaries, and some Portraicts and Pictures of the Apostles, Carved, for the Pews and Stalls; but the People exclaim at such Sights, That such Images were to be set up; the Organs were come before, and after comes the Mass,

The King was angry at their Ignorance, and sent them word to distinguish betwixt Pictures in­tended King dis­pleased. for Ornament and Decoration, and Images erected for Worship and Adoration; resembling such men to the Constable of Castile, who being to swear the Peace concluded with Spain, and to be performed in the Kings Chappel, where some An­thems were to be sung, desir'd that Gods Name might not be used therein; otherwise he would be content with any thing else: So the Scots-Kirk can endure Dogs, Bears and Bulls, nay, Devils-Dressings, to be sigured in Churches, but not the Patriarchs nor Apostles.

He came to Berwick in May, and there it was advised to Prorogue the Parliament to June 13. which gave the King time to progress through the Countrey, making his Entry in the Special Burghs and Towns, after the most Magnificent manner; and was welcom'd with all the Expres­sions of Cost and Glory that ever that poor Na­tion had been put unto, that some Effects might seem to make good the Scots Rants of their gude Countrey.

And because it hath been since surmized that nothing was acted there in order to the Service of that Nation, we shall trouble the Reader with some Particulars.

‘The King enters their Parliament with Rules for establishing Religion and Justice, and a regard Parliam. called, &c. Rings Speech. to the Ministers of both; for notwithstanding the many years Profession of Reformation, num­bers of Churches remained unplanted, and those that were, wanted Maintenance, advising that Commissioners might regulate a local Stipend to each Minister.’

‘He remembred them of his continual care and pains heretofore and since, for placing Justices and Constables to preserve the Peace, and exe­cute Laws, which he said had been neglected by some, by the small regard shewed unto them, from others of higher Rank. But as he would have them know such Officers to be of Honou­rable Esteem, so none could deserve better from his hands, than those that countenanced them, and those others Enemies to the Crown and Quiet of the Kingdom.’

‘That he had long endeavoured to Civilize men from their barbarous Customs, having made some progress, by remove of the per­sons, or by extinction of their Feuds, and in place thereof, established Civility and Justice; and to his Lives end, he would never leave to do his best endeavours, until he might say of Scotland, as one of the Emprors said of Rome, Inveni lateritiam, relinquo marmoream. Indeed the Countrey affords more of Stone thon Tile-shard,’

They came to Vote Commissioners upon the Articles of Religion; whom the King commends, Articles a­bout Reli­gion. they refuse: and evermore Officers of State are suspected partial for the King; and therefore they admit but of three; The Chancellor, Treasu­rer, and Clerk of the Rolls.

They begin with the chiefest Article, That whatsoever should be concluded by the King and the Bishops in Matters of external Polity, should be an Ecclesiastical Law; not that the King was against the Advice and Assistance of a competent num­ber of the Grave and Learned Ministers; but to be over-ruled (said he) as in your former Gene­ral Assemblies, I shall never agree; the Bishops must rule the Ministers, and the King govern both in matters indifferent, and not repugnant to Gods Word, and so that Article was Formed and Pas­sed.

Hereupon the Ministers mutinie, that their Ministers mutiny & Expostu­lations. Discipline should be formed to all the Ceremonies of England, and Struthers in his next Sermon, condemning all those Rites, prayed God to save Scotland from the same Sin; and thus set on, they frame a Protestation to the King in Parlia­ment.

First, Against that Article, and therein if Remedy be not provided, they shall be forced to other Effects, for Freedom of their Church, and Discharge of their Consciences.

Their Reasons they reduce into Arguments.

‘1. Their Reformation, That the purity in Doctrine, Sacraments, Discipline and Order thereof hath been acknowledged rather as a pattern to be followed by all Reformed Church­es of Europe, than now to be put to seek it from such as never attained to it.’

‘2. That their General Assemblies formerly established to constitute and make Canons, will be utterly overthrown.’

‘3. That hitherto their Church, nearest the Divine and Apostolical Institution, and so have lived long without Schism and Rent, may now by introducing Novelties, be miserably over­thrown.’

‘4. That his Majesties Gracious Assurance by his Letters this last Winter against all alteration of Religion, and so hath been intimated in Pul­pits, when Rumors were dispersed of intended Conformity with England.’

‘These they pray may be sufficient to warn the King and Parliament, not to oppress their poor Church, and give grief to Millions of men, that otherwise would rejoyce at his Majesties presence; and so they resolve, that rather than submit, they are prepared to incur Censure, and oppose.’

This Protestation they commit to the most mad-headed man amongst them, one Hewet; but some of the wiser sort fearing the Success, de­sire the Archbishop of St. Andrews to suppress it.

He meeting Hewet, desires to peruse it, and blaming the man, keeps the Writing, the other seizes the Paper; and thus striving in the next Room, the King hastily comes out, and sternly fronts the Fellow; who falls down upon his Knees, and craves pardon for the Protestation, professing never more to meddle therein.

But the Bishops had warning to summon some principal Ministers, and with them to meet him at St. Andrews, July 10. where the King greets them.

‘How great my Care hath been for the Church saith he) since I had Authority and Power to Kings Speech. perform it, your Consciences cannot chuse but [Page 29] confess it; I need not tell you, I seek no thanks, God knows my Heart, for true Worship of him, and decent Order in the Church. Whilst I resolved on this Journey to visit you, I gave you warning to insert some Articles into the Acts of your Church, those were Anniversary Commemorations of Christ's Blessings to man; as, his Nativity, Passion, Resurrection, Ascension, and Descent of the Spirit; another, for private use of both Sacraments; a third, for Reverend Administration of the Communion; and a fourth, for Catechising and Confirming Children by Bishops: I was Answered, that they had not been moved in any of the Churches Assembly; and so I was silent, and lately desiring by my Prerogative, to be declared, in making Eccle­siastical Laws, ye Mutined, and protested against me; but I pass all, amongst many other wrongs frequent from you.’

‘The Errand I have now, is to know your Ar­guments, why the same ought not to be granted: Reason shall ever guide me; and if my De­mands are so Just and Religious too, I will not be refused, nor resisted; and upon that, Browing upon them with a full eye, Majestical and Stern, they all fell down on their Knees.’

‘The King went on; It is a Power innate, a Princely special Prerogative which Christian Kings have, to order and dispose external things in the outward Polity of the Church, as we with our Bishops Advice shall think fit. And Sirs (said he) for your approving or dis­proving, deceive not your selves, me you shall not; I will have my Reason not opposed.’

They were all become new men, and humbly besought they might confer, and so return an They submit seem­ingly. uniform Answer; which, in two Hours space produces a Petition for a General Assembly; where­in all his Majesties Articles being proponed, they might with common Consent be received; I, saith the King, but what Assurance have I of their consenting? They protested that they saw no reason to the contrary.

‘But if it be otherwise, and your Reason now be none of theirs then, the Articles refused, my difficulty the more; and when I shall hereaf­ter put my own Authority in use, I shall be Pulpited a Tyrant, Persecutor; Ye were wont so to do.’

All cried out that none durst be so mad.

‘Yet Experience tells (says he) that it hath been so; therefore unless I be sure, I shall not grant your Assembly.’

They craved the Archbishop of St. Andrews to Answer for them, but he refused; having been formerly deceived. At length they procured leave to Assemble in November next at St. An­drews.

Simson, that Subscribed to the Protestation, writes to his Brethren those Articles, which he Afterward revolt. calls Tricas Anglicanas; the Letter-Carrier was Catherwood, who, for his Insolency to the Kings Face, was committed, and after banished; and Simson sent to Edinburgh-Castle, where he lay till December,

And so the King returns to England, by the West-parts, and at Dunfres had his Farewel-Sermon by the Bishop of Galloway, which made the Hearers heavy at their hearts.

The King gone home, the Assembly met, but willingly would have delayed their Conclu­sion of the five Articles, till they might inform their Flocks of the equity of them; and so they went away: which the King considers as an high Contempt, and Breach of their Promise; and commands the Bishops of St. Andrews and of Glas­cow, precisely in their own persons to keep C [...]r [...]st­mas Day next, Preaching upon Texts according to the Time, and to discharge all Modification (advance) of Stipends to any Minister for a year, unless only such as have submitted to the Articles, and in affection to the Kings Ser­vice.

The Ministers thus curbed, and the Northern men being come up to Edinburgh for their Sti­pends, complain of their Brethren, their pride and insolency, supplicate the Bishops to intercede and mitigate his Majesties Displeasure; which they did, and procured Letters from the King, for allowance of their Stipends. And Mr. Sim­son was now released, professing his hearty Re­luctancy for opposing his Majesty; ‘setting his Hand to a Supplication which himself framed, with all submission, but to their Assemblies or Synods (his being to the Council) he sets out an Apologetick, glossing upon each Word of his Con­fession, and concludes, That whatsoever frailty or weakness had befallen him heretofore, he ho­ped now to be like Peter, Qui ore negavit, & corde confessus est, and never to betray the Lords Cause with Judas.’

The Jesuites do even so, play fast and loose; neither Tongue, Hearts nor Hands canbind them against their mental secret purposes; and yet there being some hope, that Matters might amend for the Church, and their frequent Synods pro­paring for their better Obedience, the Bishops procured the Kings consent to another General Assembly to be at Perth, in August the next year.

This Royal Progress of Pleasure into Scotland and back again, gave leisure to the King, and ad­vantage to all Attendants, for preferment of their King re­turns from Scotland. persons, or other satisfaction for their Services, by the Freedom of their Masters Bounty, both to Scots and English.

Especially to our new Favourite, now of two years growth in the King's Affection; this man, Rise of the Duke of Buckingh. George Villiers, of an Ancient Family in Leicz­stershire, , and bears Arg. on a Cross Gul. five Escalops Or. His Father Sir George Villiers begar him 1592. upon a Second Venter, Mary Beau­mont, of Noble Extraction; whom for her Beau­ty and Goodness, he married: By his first, he had but one Son, rising no higher in Honour than Knight and Baronet; his Disposition not Court­like; and therefore enjoying perhaps the great­er Greatness, Self-Fruition; yet in time he had preferment to the Government of Ʋlster Pro­vince in Ireland: The other Sons were three; and in order of Birth, not of Preferment, John was Viscount Purbeck; George Duke of Buckingham, Christopher Earl of Anglesey, and one Daughter, Susan Countess of Denbigh.

We are told (that he came over by chance from his French Travels, and sought prefer­ment in Marriage with any body; but mist of a Match for want of an hundred Marks) and so pieces him from the Court (like the Story of Dametas his Caparisons) borrowing of each one by piece-meal, to put him forward for the Kings Favourite.

But the Truth is thus; his Mother, a Widow, was afterwards married unto Sir Thomas Comp­ton, whose Brother the Lord Compton, by chance [Page 30] falling upon a wonderful Match for matchless Wealth, with the Daughter and Heiress of Sir John Spencer, Alderman of London, and her Fa­ther then lately dead, this Lord was Master of all; which was more than credible, and so might be enabled bountifully to set up a Kinsman, without other Help or Alms of the Parish.

It was plotted long before, and Villiers sent for to the same purpose, by practice of some English Lords, to ballance with the Scots, who, by the help of the last Favourite Somerset, and others of great affection with the King, had the better of the poor English.

There had been a private Entertainment of a Supper at Baynards Castle, by the Family of Her­bert, Hertford, and Bedford, and some others; by the way in Fleetstreet, hung Somerset's Picture, at a Painters Stall; which, one of the Lords envy­ing, bad his Foot-boy sling Dirt on the Face; which he did, and gave one passing by, occasion to ask his Companion upon what score that was done? He told him this Meeting would discover; and truly that person waited near and opportune­ly, and so was acquainted with the Design, to bring in Villiers, who was entred before.

He had need to be well Back'd against enough that envied his Nearness, and aimed by any af­front to discountenance him, until he made them know that his Courage overmastered his Sweet­ness; for having bought the Place of Cup-bearer to the King, and taking the upper end of the Board at Dinner, before some other Waiter, which was not his due, was told of it, and so removed; nor was it done with overmuch kind­ness; for indeed the other was Somerset's Crea­ture; who urging a second Incivility, Villiers gave him a Box o'th' Ear; for which the Custom of Court condemned him to have his Hand cut off, and which, Somerset, as then Chamberlain, ought to prosecute the Execution of; which he did; and here the Kings Pardon, without any sa­tisfaction to the other party, made him suspect­ed a Budding Favourite, who was indeed raised with, or by Somerset's Ruine; so drew his friends compartne [...]s in his Fall; being then as one cast out of the Passions of the King.

We shall find him come up by degrees, and to stand firm in favour, to the Death of this King, and his second Master till his Assassination.

The King minding to shew his own Power to raise him from nothing; and his Will to advance him for nothing, though others envy him; yet his Affection was enough to hold up his Head; he waited hard and close his first years Rising; but having removed all the whole Line of Somer­set's Links (his Wives Interests, the Howards) being boldly fixed in his Masters Favour, he would adventure to take leave, but not too long, to be absent; and so by degrees inured the King from his Custom of overtiring his Favourites, and at last fortifies himself, by raising Out­works, if in case of assault, his own Marriage with an Heir, the Daughter of the Earl of Rutland, Rich and Honourable, twisting himself and his Issue by Inter-Marriage with the best and most Noble.

For indeed the Brouse-Boughs cut down or re­moved, to plain the Stem, our Favourite appears like a proper Palm; besides the discerning Spirit of the King, who first cherished him, through his innate Virtue, that surprized all men. Hence­forth Preferments came thick upon him; for the next St. Georges Day after Initiation, brought him Knight Batchelor, and Gentleman of the Bed-Chamber; at New-years-time, Master of the Horse, and Knight of the Garter; and that Sum­mer, in August 1616. Baron of Whaddon, and Viscount Villiers; the beginning of the next y ea Earl of Buckingham, and Privy Counsellor; and this Summer in Scotland, sworn there also Coun­sellor of that State; at Christmas after (that Fa­vours might be Recorded Acts of Time, and of Affection also) he was Created Marquess Bucking­ham, and Admiral of England; Chief Justice in Eyre, Master of the Kings-Bench-Office, and Steward of Westminster (Places of profit) and Constable of Windsor Castle; the largest was Duke of Buckingham, sent unto him by Patent into Spain; and last of all, Lord Warden of the Cinque-Ports;: And so have we Blazoned him at once with all these Titles, which came to him in time heretofore and after.

These Accumulations might no doubt astonish the Conceit of Sir A. W. The hearts of Princes once dilated with Affection, cannot be satiable in the exercise of any narrow Bounty or little Affection; Choice and Love begets the Gift, which Act becomes fomented, even to be in love with their own giving, and so to excess.

And thus have we put together this great man, who was pieced up by degrees and times.

He had many Kindred; for his Family was ancient: Heraldry might Blaze as large Fields of his Pedigree as need concern any Subject to prove, were a man preferred to Pencil his Life, which I take boldness but to touch with Shadows.

These were dispersed by Time into several Raises his Kindred by Match­es. Matches with the Gentry; and what strange or new Device was it in him to raise them that were near in Blood by Noble and Worthy ways, as he did! He made his two Brothers Peers, his Mo­ther and Sister Countesses; the one by Patent, the other by Marriage: The rest of his Kindred, by his Countenance, got means to live like their Births; being a Race handsom and beautiful; I mean, the Females, descending of Villiers or Beaumont, either Matched with Peers, or with the Sons and Heirs of Earls, or with Knights of plentiful condition; for he did not much streng­then his Subsistence in Court; but stood there on his own feet; the most of his Allies rather lean­ed on him, than he shouldred up by any of them hereafter, during this Kings Reign; wherein his Actions are successively remembred.

But concerning his Mother, made a Countess, there are in England three sorts of Honourable Women; by Creation, Descent, or Marriage.

1. H. 8. Created Anne Bullen Marchioness of Pembrook, before he Married her; so was Susan Widow, the sole Daughter of the Baron of Aber­gaveny, Created Baroness De le Spencer. Camb­den 63. 6. So also was the Lady Compton, Wife of Sir Thomas Compton, Brother to the Lord Compton, made Countess of Buckingham, with the Fee of Twenty Pound per Annum, 18 Jac. and also the Lady Finch, a Widow, Created Vi-Coun­tess of Maidstone, 21 Jac.

2. Noble Women by Descent, or to whom Dig­nities descend as heirs, are said to be Honorable by tenure; or those heirs whose Ancestors were seized of an estate descendable to them in their titles of Dukedom, Earldom or Baronies, or heirs to Ancestors summoned to the Parliament.

3. And lastly, Noble Women are those Mar­ried to a Lord or Peer of the Realm, though themselves but in the state of Gentry.

Knights Wives are not of the Nobility, they are stiled Ladies by the Courtesie of England, but [Page 31] not in Courts of Judicature. So much for Noble Women.

In the Kings return out of Scotland, the people took occasion to complain of common, and to petition in particular, that the freedom of Ser­vants and Labourers was extreamly enslaved by their Masters, pretended zeal and sanctimony against Idolizing (as was pretended) of such days as ancient custom from general Councils, and the Church of England reformed, even to that time had appointed to be kept holy; where­by after the Solemnizing of Divine Service, the Servants and Workmen were not usual to dis­company from their accustomed moderate Pas­times, such as the most rigid (heretofore) could not justly but admit.

The King not sooner affected to his own sports, that the sense of the peoples sufferings might take advantage by his Example, and so of liberty in the like (for much of his most serious affairs were shadowed from the Vulgar, nay from the ob­serving Politick, by his own publick Pastime.)

But in truth it came to be a business of conse­quence, to consider how the intemperate zeal of Recreati­ons for Servants on H [...]ly­day. Zealots displeased. our then rigid Reformers, (to countenance their own design of deforming) strook at higher pow­ers through the peoples sides in many matters, so in this case.

For at first, these pure conceited Men quar­relled at the name of the Holy Seventh day, cal­led, as of old, Sunday, which they would have named Sabbath; and thereafter would have it ob­served Levitically, so strict, as not to gather sticks.

This being discussed in some Counties, the people forbore their Recreations; then the Re­formers took the like exceptions against the peoples lawful pleasures and Holy days; and at last against all sports and publick pastimes, ex­cercises, innocent and harmless, such were Leap­ing, Dancing, Running, or any mastery for to Goal or Prize, May-pole, or Church-ale, as de­banched idle Persons.

In some of these pastimes several Counties ex­celled, and to entertain community with their mirth, the Court progresses took delight to Judge of their Wagers in their Journey to Scot­land; which the people observing, took occasi­on to themselves to petition the King in his return for freedom, and leave to be merry.

And thus by this means, an Authors Mon­strum horrendum, the Church-mans Maskarado was begotten and brought to allowance by Com­mand, in print, to Justifie the people in their lawful pleasures, though upon the Sunday after Service.

This year died Edw. Talbot, the eighth Earl Earl of Shrewsbury, dyes of Shrewsbury, without issue, and therefore it descended upon George Talbot, son of John Tal­bot of Grafton Esq by Katherine his Wife, Daugh­ter of Sir Will Peters, heir male of Sir Gilbert Tal­bot of Grafton, second Son of John Lord Talbot, second Earl of Shrewsbury, after the Death of Gilbert and Edward Earls of Shrewsbury without issue male, who was this next year 1618. admit­ted by King James the ninth Earl.

But this Man dying also without issue, the in­heritance descended upon the Children of John Talbot, Brother to this George, which John dyed and left issue John the eleventh Earl, 1652. he bears Gules, a Lion rampant, in a Border en­graled, Or. Sir Walter Raleigh troubled, and the cause thereof.

Sir Walter Raleigh wearied with long imprison­ment, and having there spent his time well in the History of the World, made his Petition more passable to the King, whose love to Lear­ning granted him now at last his liberty; and not long after gave him leave to wander after a de­sign to the Western World, where he had been in several Climates before; the common World wondering at this Mans wit, who had a way to break Jests, though to hazard his [...] a [...]ain; for in a jee [...], he said, That his wh [...]le Hist [...]y had not the president of [...] Kings chief Prisoner [...] pur­chase freedom, and his bosom-favourite to [...] the halter, but in Scripture, Ham [...]n and Mordecai▪ meaning himself and Somerset: to which he was told that the King replied, He might dye in this deceipt; which he did: Somerset he saved.

But in truth he had a reaching and roving mind from his first rise, and thereafter but a mean fortune, which he meant now to make up out of Adventurers purses, for Gold mettal, from a Mine in Guiana, one of the Countries of America; upon no other ground to win belief but a pound of the Ore which he had from thence by the Hands of Captain Kemish his anci­ent Servant.

The King wondering at this man, why to ha­zard his future fortune upon the nice dispute with the King o [...] Spain, whose Territory he must invade at his own peril of success; but yet gave him leave with his liberty, so be, that he broke not the Kings bands of Amity, which he had strict Rules and Order to observe.

The French Lieger had been very earnest for his enlargement, with much affection to his de­serts, and some design of policy against Spain, wherein they two waded so far as that the dis­covery came to the Kings Ears (not without in­trenching (by the by) upon his Majesties ho­nour) and several Commissions from France, presented to him to sit him for that purpose; wherein he was warily watch'd, till it should ri­pen for further Trial, and at the worst, back­friends were to be put aboard, to bring him back again.

And having got Commission, and thereupon a company of his own Country-men, they im­bark with him in Voyage thither, with a com­pleat Fleet of twelve Sail, and landed at St. To­mazo, a Town of the Spaniards, killed five hun­dred men, sacked and burnt it; of five of their Fleet it may be said, as of the old saying, They went up the River, and so came down again; for the design being the River Orenoque in Guiana to discover the Mine, at the Foot of a Moun­tain; up in the Countrey they were opposed by the Inhabitants, Spaniards and Natives, and so returned to their Company.

This Expedition was grounded at the first on­ly upon Kemish's information: the miscarriages that might happen were always cunningly resol­ved to light upon him, for satisfaction of the Adventurers to answer it to the King: his in­tent was never to return but by his own man­nagement, and the obedience of his Company over whom he had Commission of Life and Death. He dreamed of nothing less than of a prosperous Journey.

And now to frighten Kemish, Raleigh threatens him with the Kings displeasure, which to avoid, says the Historian, the poor man pistols himself, Hist. Great Brit. and so no tales could be truly told.

He dead, the most minded and forced their own and his return home, which he intended any where else; and so some of their scattered Ships with him, more like a Prisoner than Comman­der, came safe to Kingsale in Ireland, from [Page 32] thence to Plymouth, where no sooner on shore, but he is taken into enstody of Sir Lewis Stukely, Vice-Admiral of Devon, and conveyed to London, and so to the Tower, with whom he deals for a sum of money presently delivered to him to escape with him into France: Stukely yields to all, accompanies him by Water, whereby the way to Gravesend (the design of Stukelys trea­chery in that, and so is prospered with him, be­ing hanged afterwards for clipping Gold) they were seized, and he brought into the Tower; and not many days after commanded to the Kings-beach-bar at Westminster, before the Lord Chief Justice Mountague, where he was questioned up­on the Records of his former Arraignment at the City of Winchester; and in Answer to that he was asked, What he had to say to his sentence to d [...]e like a Traytor?

His short defence of being lately intrusted by the Kings Commission over the Lives of some of his Li [...]ge people, was soon replied unto as insuffici­ent, and he had Judgment to dye the next day by the favour of the Ax; which he said (smile­ingly touching it) Was a sharp Medicine, but a [...]ound Care of all Diseases; as it proved to him then in this Ague sit, in the Palace-yard at West­minster, Octob. 1618.

It was indeed common discourse then that Ra­leigh knew of no Mine, nor was Kemish assured that the pretended Mine was of Gold, but that the piece of Ore which he presented to Raleigh in the Tower was falsified by disolving some Gold therein; and he a better Chymist than Ke­mish for that purpose; that both of them de­signed it so to be, thereby cozening the World to get credit, and afterwards to deceive the King to purchase his liberty.

But when Kemish came safe from the supposed mountain, without Mine, whom Raleigh expect­ed should miscarry in the way, and none but he could discover the deceit; then was he destroyed by Death, but by whose Hand it may be suspect­ed, not by himself.

And truly these reports were more than a false visard to outface the Truth of his Merit in that action, and thereby to weigh down Raleighs miscarriage.

At his Death he endeavoured to clear some points which he knew lay on the deck against him, his disloyal words to the King. Undutiful language from Subjects of Sovereigns, take deeper root than the memory of evil deeds; so did the Mar­shal Byron which cost him his Head. Essex once told Queen Elizabeth, That her conditions were as crooked as her carcase. Manet altà mente repo­flum.

He said, His accuser was a base runagate French­man and persidious, being sworn to secrecy, yet he betrayed.

Secondly, To have had often plots with France. He confessed, That he had been often solicited from thence, and that he endeavoured to escape thi­ther at twice, and the last time being as got far as Wolwich.

Thirdly, That the French Agent came often to him with Commissions from his Master, but it was not accepted.

Much he said of these as to the publick, and of more things as to private, which he did deny but Traversed.

So then there were other businesses of a second ch [...]ge and confederacy, which made him liable to a new Tryal; for Treason is so comprehensi­ble, as to take in even circumstances, and out of them to make such conclusions as the Jealousie of State shall interpret either for safety or re­venge.

But the prudence of the King would not hazard more, having sufficient upon the old score; and because he could not in Law be Judicially called to accompt for his last actions; his former At­tainder being the highest and the last work of the Law, whereby he was Civiliter Mortuns, the King was inforced (except Atttainders should become priviledges for all subsequent offences) to execute him upon the former.

And concerning Sir Walters recovery of Queen Anne infirmity, for which she should beg a Boon, viz. (the re-examination of Lord Cobham by four Earls and three Counsellors) it being urged by an Author in the innocency of his cause, and in­gratitude of the King.

Mr. Sanderson will Answer, to my knowledge, by the relation of some Ladies of her Bed­chamber, and of her Surgeons and Physicians now living, That she was never cured of her Di­sease, but by death that ends all maladies. We are told that Sir Walter set out his design to the King, who discovered it to the Spanish Lieger Gondamore, the Country, Town, Men, Ships, Ordinance, and all, and he posted it to Spain, thence to the Indies, before that Raleigh could get out of our River; and yet for all these tidings, supplies were not come to defend the Town Tomazo.

We will confess that all these exceptions may be had under Sir Walters Hand, purposely so writ by him, to excuse the weakness (or wick­edness) of the event; for the truth is, the de­sign though hatcht in a corner, was published on the house top, to procure Contributers; other­wise he must conclude them Madmen or Fools, nay, I can, saith he, produce it under his Hand and Seal, with a blank (for he left a hundred) for other Adventurers to follow him, for which each one gave fifty pounds to his Lady; and therein was set down as much as our Historian fathers upon the King, or Gondamore.

And that his own Conscience was satisfied that he deserved death, before he was brought up Pri­soner from Plymouth, and so to endeavour his es­cape from Trial, see but the close of his own Letter to Buckingham.

As to the value of that worthy Gentleman (from whose descent of blood, one saith, he was no stranger) certainly we may yield to him as [Page 33] much or more than is described by his Chara­cter, but then those excellencies (natural Wit, bet­ter Judgment, and plausible Tongue, &c.) might in his long time of recess by imprisonment, (through disuse of men and business) become un­certain grounds to Fabrick such designs as the natural man (not supplied with inward Grace) usually aims at, and therein is mostly deceived; such was he, his fate, and fall.

This year the King creates by Patent four Earls, Sidney Earl of Leicester, Compton Earl of Northampton, Cavendish Earl of Devonshire, and Rich Earl of Warwick.

Having paid the price, a good Sum for their Honours, so earnest some are, and so ambitious of preferment, as what they cannot get by me­rit, they covet to purchase with money; an in­fection newly crept into the distribution of Honours, not usual here with former Sove­reigns.

The miserable condition of sinful man in sun­dry examples of these present and of former­times, should mind us hourly to beg of God preventing Grace, least we fall into temptations of sin and Satan; such have been the calamities of ages past, at present are, and will be to come; Histories of Theft, Rapine, Murther, and such like.

One of wondrous note happened at Perinin in Cornwall, in September, a bloody and unexampled Murther, by a Father and Mother upon their own Son, and then upon themselves.

‘He had been blessed with ample possessions A strange Murder. and fruitful issue, unhappy only in a younger Son; who taking liberty from his Fathers boun­ty, and with a crew of like condition, that were wearied on Land, they went roving to Sea; and in a small Vessel Southward, took booty from all whom they could Master, and so increasing Force and Wealth, ventured on a Turks-man in the Streights, but by mischance their own powder fired themselves; and our Gallant trusting to his skilful swimming, got a shore upon Rhodes, with the best of his Jewels about him, where offering some to sale to a Jew, who knew them to be the Governor's of Algier, he was appre­hended, and as a Pyrate sentenced to the Gal­lies amongst other Christians, whose miserable slavery made them all studious of freedom; and with Wit and Valour took opportunity and means to murther some Officers, got aboard of an English Ship, and came safe to London, where his Majesty and some skill made him Ser­vant to a Chyrurgion, and sudden preferment to the East-Indies, there by this means he got mo­ny, with which returning back, he designed himself for his native County Cornwal; and in a small Ship from London, sailing to the West was cast away upon the Coast, but his excellent skill in swimming, and former fate to boot, brought him safe to shore; where since his fif­teen years absence, his Fathers former fortunes much decayed, now retired him not far off to a Country habitation, in debt and danger.’

‘His Sister, he finds Married to a Mercer, a mea­ner match than her birth promised, to her at first appears a poor stranger, but in private reveals himself, and withal what Jewels and Gold he had concealed in a Bow-case about him; and con­cluded that the next day he intended to appear to his Parents, and to keep his disguise till she and her Husband should meet, and make their common joy compleat.’

‘Being come to his Parents, his humble be­haviour, suitable to his suit of cloaths, melted the old couple to so much compassion, as to give him covering from the cold season, under their outward roof; and by degrees his travel­ling Tales told with passion to the aged people, made him their guest, so long by the Kitch­en fire, that the Husband took leave and went to bed, and soon after his true Stories working compassion in the weaker Vessel, she wept and so did he, but compassionate of her Tears, he comforted her with a piece of Gold, which gave assurance that he deserved a lodging, to which she brought him, and being in bed shewed her his girdled Wealth, which he said was sufficient to relieve her Husbands wants, to spare for himself; and being very weary, fell fast asleep.’

‘The Wife tempted with the Golden bait of what she had, and eager of enjoying all, a­waked her Husband with this News, and her contrivance what to do; and though with hor­rid apprehension he oft refused, yet her puling fondness (Eves inchantments) moved him to consent, and rise to be Master of all; and both of them to Murder the man, which instantly they did, covering the Corps under the cloaths till opportunity to convey it out of the way.’

‘The early Morning hastens the Sister to her Fathers house, where she with signs of Joy, en­quires for a Saylor that should lodge there the last Night; the Parents slightly denied to have seen any such, until she told them that it was her Brother, her lost Brother, by that assu­red scar upon his Arm, cut with a Sword in his Youth, she knew him; and were all resolved this morning to meet there and be merry.’

‘The Father hastily runs up, finds the mark, and with horrid regret of this monstrous Mur­ther of his own Son, with the same knife cut his own throat.’

‘The Wife went up to consult with him, where in a most strange manner beholding them both in Blood, wild and agast, with the instru­ment at Hand, readily rips up her own Belly till the guts tumbled out.’

‘The Daughter, doubting the delay of their absence, searches for them all, whom she found out too soon, with the sad sight of this scene, and being overcome with horror and amaze of this deluge of destruction, she sank down and died, the fatal end of that Family.’

‘The truth of which was frequently known, and flew to Court in this guise: but the imprin­ted Relation conceals their Names, in favour to some Neighbour of repute and a kin to that Family.’

‘The same sense makes me silent also.’

We have heretofore heard of the Constitution [...]arnevelts Conspira­cy, &c. of the Dutch-Netherlands, their favour to Vor­stius and his Heresies, preferred at Leyden 1611. where he had a way of Wit and Cunning to work into peoples dulness; led on by countenance of sundry the powerful Ministers of the Provincial States; that now his Tenets were Preached for Orthodox, and believed as Gospel, being mixed with those of Arminius, whose repute (following his Death) Vorstius took up, and for the Masters sake, were misnamed Arminianism, then of a dozen years growth; infecting the Reformed Churches, almost in each Countrey published in Print, or fetcht from thence by Taint of young Students.

[Page 34] King James took care to prevent both, by bur­ning the one, if they came hither, and forbidding the other not to go thither.

Peace and plenty with them bred up these Schisms into as many Factions, the old way to work designs and changes in State, both of the Gown and of the Sword; the one mightily Maste­red by the Wisdom of Barnevelt, the other com­manded by the Power of the Prince of Orange: This Barnevelt was worthily Descended, and well B [...]ed; his Travels abroad, and his Counsels at home, which his great age, seventy years, gave time to ripen for excellent Advice in the Magi­stracy, and Council in the Army, improved by five Embassies abroad, and thirty two Leaguers at home.

And it is Counsel to some, whether Conscience or Ambition over-ruled his last Actions; but he made himself Head of a Faction, which got the name Arminians; a common custom with oppo­sers to colour their own designs by laying Infamy, or at least scandal upon their Adversaries; and this did the Prince do to destroy Barnevelt, for Envy and Fear. The other finding the pulse of the people to beat in a high Fever of that Di­sease, was forced for the present to tack on that side; where he was sure to have Hearts and Hands to keep him up, in a desperate State, other­wise to be overwhelmed in the deluge of destru­ction.

Thus in some condition to balance the Prince with assistance of several the Provincial States, of his Opinion and Jealousie; that if the power of the Prince, Generalissimo of their Armies, were not limitted, his Greatness would ere long in­crease without Controul; and therefore by way of Counsel (for pretended good of the Com­monwealth) they did Confederate to leavy new Companies, far from view or suspition of the Prince, whom Barnevelt kept close to business of the publick Council, with the States General; and so it was not discovered until Midsommer, but then perfectly understood: the Prince in se­cret, with his Kinsman Count Ernest, and the best of his confidence, leaves the Court at the Hague, gives intelligence of his design to Colonel Ogal Commander of the Garrison at Ʋtrecht (the place of the others greatest strength) who on the sudden receives them in; surprizes the Town and that State, in close Council, and at Hand had the Garrisons of Arnbem, and others to Master that part, and so other places of Force, whom he suspected had favour with Bar­nevelt's Faction.

The success of this sudden expedition gave such Authority to the Prince, that being retur­ned The [...] supp [...]est. in Martial manner, he seized Barnevelt, [...]rotius, H [...]genbert, and other confederates at the [...]ague, and committed them to Prison, up­on pretence of Treason. His Power with the Army, and Interest with the States, might do this and more.

Not long after Lydenburgh, Governour of Ʋtrecht imprisoned, stabs himself to the Death with his Trencher-knife; being assured that no innocency would prevail against force and ma­lice; yet Hogenbert and Grotius, had sentence of Conspira­tors seized and [...]. miserable mercy, and perpetual imprisonment; the last of them got loose, being conveyed out in a Chest, which his beloved Wife plotted for his escape.

Barnevelt had Friends with the State, and a strong Faction with the People, and though his Sentence pronounced him to the Scaffold, yet it lasted a long dispute, ere they brought him to the Block, which was not effected till May the next year; his Sentence indeed made his Crimes Capital, as Author and Accessary of all former distempers in State, sum'd up to the height, and sufficient to hang a thousand.

The multitude of Believers begin to murmur; to appease them and prevent muteny, a National Synod was held at Dort, accompanied with sun­dry Synod of Dort. able Divines of several reformed Churches; King James in principal sent thither, Doctor George Carleton Bishop of Landaff, Doctor Jo­seph Hall then Dean of Worcester, Doctor John Davenport, Professor Regius in the University of Cambridge, and Master of Queens Colledge there, Doctor Samuel Ward, Regent of Sidney Colledge in Cambridge, and Doctor Bialcunquala Scotch-man, (in particular to give honour to that Nation) but in Truth, and in esteem they are all of them, (and so other forreign Divines of this Assembly) men of incomparable Learning in the Mystery of Religion; but where appeared no opponents, the Dispute found the less difficulty, and their conclusions for the present silenced the Pulpits.

Yet private men took pains to search the di­stinction, and as opinion (the rule of Consci­ence) binds every own; so from thence and since Armininism hath its increase; the Divines of England, not being obliged to their opini­ons at Dort.

For first, This Synod was Foreign and Natio­nal, and therefore as a Synod could not bind us in England, unless it had been ratified, and im­posed by Publick Authority here at home.

Secondly, It was not an Episcopal Synod, neither was any Bishop president of it, or Actor in it, (quatenus Episcopus) and therefore it was rather Assembly of private Divines than Ecclesiastical Synod, according to the rules of ancient Eccle­siastical Discipline.

Thirdly, Our Divines concur not absolutely in Judgment with the Netherlands in all their Syno­dical Brittish Divines dissent from the Synod, & in what points. Conclusions.

For concerning that Article of Redemption, they write, pag. 204. De mortis Christi pretiocissimo merito, ut nec primitivae, &c.

The reverend Divines of Great Britain in these words, deliver four things.

• I. That they accord with the primitive Church touching the Articles of universal Redem­ption.
• II. That the promises of the Gospel ought to be proposed universally to all men.
• III. That whatsoever is offered or promised in the name of Christ, to any person in the Church, is truly intended by God to be given unto them, in such sort as his Word and Promises do out­wardly sound.
• IV. It is consequent upon the former, that the Work of Redemption in respect of Christ his oblation and intention therein, is common to all mankind, although many by reason of their impediments do not actually receive them.

Now this resolution of our Divines accordeth with the Articles and Doctrine of the Church of England; but none of the Forreign Divines of that Synod were of the same Opinion, for they restrain the Redemption of Christ, both in applica­tion and Gods intentional offer meerly and only to the Elect.

The Belgick Confession is wholly confirmed by [Page 35] the Synod of Dort, as appeareth in the Book of the Synod, pag. 329. But the 30, 31 and 32. Articles of this Confession teach, That the Presbyterian Discipline is of Divine Institution, and that all Mi­nisters have equal Authority and Jurisdiction, and consequently condemn Episcopal Government, and the Ecclesiastical Polity of our, and all other Chur­ches, which embrace not Calvin's Platform of Lay-Elders.

The ancient Custom of Convocating Synods, or Meeting of Divines, for composing Differen­ces in Religion, and Reformation of corrupted Discipline, was from the very four Apostles Meeting at Jerusalem, concerning the Gentiles observing Moses's Laws; and from that example in a Province or City, the Primitive Bishops As­sembled at several times for 200 years then fol­lowing.

The Peace and Unity of the Church in Con­stantine's time, gave ease for many Churches to Of Gene­ral Coun­cils. communicate over the whole Empire; and was called in his time the Holy Synod; & not long after, the General and Oecumenical Council, though the Empire was divided into Eastern and Western; and afterwards amongst the Grecians, from the As­sembly of the five Patriarchs, and in those King­dom [...] from the Unity of States obedient to the Pope in Ecclesiastical Causes, which till the fif­teenth Century of years, so continued quiet, un­less in that of John Husse, and Jerome of Prague, from the Doctrines of John Wickliff in Eng­land.

‘In the Time of Richard the Second; King of England, who Married Anne the Daughter of Wicklifses Doctrine [...]pread in­to Bohemia Winceslaus King of Boheme, and though he had no Issue by her, yet the Conversion of Bo­heme from Popery, may not unfitly be stiled the Issue of her Marriage; for they that brought her hither, carried over Wickliffes Works, Anno 1382. to John and Jerome; so then England was Grandfather of Reformati­on, Boheme the Father, and Germany the Son; their Doctrines were against the Popes Supre­macy, as Antichrist; they condemned Transub­stantiation; he Translated the Bible into En­glish, and was Buried in Leicester shire; the first man that suffered the Fire of English Martyr­dom, at forty five years of Age.’

‘About the Year 1500. appeared the first oc­casion amongst the Waldenses near the Alpes, in some Cantons called Picards; but both of them then rather despised than feared; their Disci­ples were called Sub utraque, receiving the Sa­craments with the Cup, and with the Bread against the Papists; but their Opinion of long time was rather amongst themselves, than com­municable.’

In 1517. began Martin Luther, an Hermite Frier in Saxony, that Covent being usually em­ployed [...]artin Lu [...]er ap­ [...]ears a­ [...]inst the [...]pe. to Publish the Popes Indulgences; he spoke against the excessive Abuse of the Pardons, in Ninety five Conclusions, at Wittenburgh, which John Thekel a Dominican opposed in others, at Frankford; in Brandenburg, by Ecchi­us also, and Prierius.

And also Controversie increasing in Matter of greater importance, they were fain to streng­then their weak Arguments with the Popes Au­thority, as being the chiefest in the Church, and not able to err.

Martin proves him inferiour to a General Coun­cil, which he craves, as most needful; whereup­on he was cited to Rome the next year; but in favour remitted to Examination of the Popes Legate, Cardinal Cajetan, at Ausburgh in Germa­ny; who could not convince him: and in such Policy, back'd by some Princes, he appealed from the Popes Bull to a General Council.

The same Occasion of Indulgences collected at Zurick provoked Zuinglius a Canon, to op­pose Samson a Franciscan, who Preached for their Pardons.

These Reformers and their Writings were Ex­amined and Condemned by the Universities of Lovain and Cullen; and the more opposing, the more increasing; the Pope remitted the Dispute unto some Cardinals, Prelates, Divines and Ca­nonists; and their Books were condemned, and burnt; and the Popes Bull resolving it, the Eflect followed first at Lovain and Cullen.

Luther and his Scholars did the like by the Popes Bull and Decretals at Wittenburg, and justified it by a long Manifest to all the World; and this caused a Diet at Worms, which examined him; and his Answer moved the Elector and others to favour his Doctrine; but was Condemned as no­torious Heretical by Imperial Edict; and by ex­ample, so did the University of Paris.

Henry the Eight, King of England, born a Se­cond Brother, and therefore bred a Scholar, de­signed Reforma­tion in En­gland and other Countrie [...] for the Archbishop's See of Canterbury, writes a Book against Luther, and had his Re­ward and Title of Defensor Fidei; though upon consideration (the Papists say it) of Lust and Policy, turn'd Reformer also.

The like Dispute and Measure had the Do­ctrines of Zuinglius and the rest; and so these Differences increasing, did necessitate another Diet at Norembergh; where Disputes against the Reformers, increased Complaints against the Courtiers of Rome, and were reduced into Cen­tum Gravamina, and at the Diet at Spire as many more.

The horrid Plots between the Princes and the Popes, and general Distraction of Germany, and other parts of Christendom, and by the Seeds of the Reformed Religion. At last, to amend all, or make it worse, the Pope was forced to con­sent to call a General Council at Trent.

The Elector of Saxony, and five Princes more opposing the Emperor's Decrees, and fourteen principal Cities adhering, they protesting against it by Manifest, were now first called Protestants, as from the Reformed Doctrine of Luther, and the rest with him.

At the Diet at Ausburgh, the Protestant Princes, fifteen, and thirty Cities, prefer their Confession of Faith of Luther, called from the Place, Au­gustane; the Cities also of Zuinglius Doctrine, Presented their Creed, differing only in the Eu­charist; and at home were opposed by their Neighbour-Roman Cities, and quarrelled it by War; wherein Zuinglius, in the Head of a Com­pany, Sacrificed his Life; for whom Oecohampa­dius, a Minister of Basil, of the same Opinion, dies for grief: And from these of the Cantons, came the Name of Gospellers.

The horrid Troubles, Discords and Disputes Treat Council assembled. amongst Christian Princes, from the Seeds of Re­formed Churches, controverted by several Quar­rels and Armies, and referred to several Diets, Colloquies and Meetings in Germany, it was then at last resolved of the H. Oecumenieal Counc. of Trent, (as the Roman Catholicks call it) opening at Trent, [Page 36] in December 1545, in the time of Pope Paul the Third, Charles the Fifth, then Emperor, Henry the Eight King of England, and Francis the First, of France, and ended Anno 1563. Eight Bishops of Rome lived and died during that Treaty of eighteen years.

Our Countreyman Cimpian, that Apostate, writes to the Universities, in that Councils Com­mendations.

‘The Synod of Trent (saith he) the older it waxeth, the more it will flourish.’ ‘Good God! what variety of Nations, what choice of Bishops of the whole World, what Splendor of Kings and Commonwealths, what Marrow of Theo­logues, what Sanctity, what Weepings, what Academical Flowers, what Languages, what Subtilties, what infinite Readings, what Riches of Virtues and Studies did fill up that Majesti­cal Sacred Place!’ And the like.

And so they amused the After-Age with a counterfeit Value of that Council, until that an Italian compiled a Work of the particular and Pealo Suavio. ordinary Acts of that Council, wherein their Practices to maintain the power of the Court of Rome, and to hinder the Reformation of that See is plainly expressed: An excellent Work, written in the time of King James, and Transla­ted then into English, 1618; if there were no deceit in the Writer (as I have heard it pretend­ed) as that underhand he was a Protestant, and so partial; which yet is not very probable.

At this time was that able Minister the Count Gondamer Lieger Ambassador for the King of Spain in England; and after that it pleased God to bereave King James of the Hopes of Great Britain, Prince Henry, his Eldest Son, he was, as a good Father ought to be, very attent upon a fit Match for his Son Prince Charl [...], and Heir of his Crowns, a most Virtuous and Accom­plish'd Prince as any then Europe had. There had been some Overtures before, in the Life-time of Prince Henry, of a Match with Spain; but that proving abortive for want of Sincerity on the Spaniards part, the Duke of Lerma makes an­other Offer to Sir John Digby, then Resident in Spain, for a Marriage with Prince Charles; which, as is well known, failed afterward on the ac­count of the Spaniards unhandsome dealing in that Matter; they still treading in the same di­latory and trifling way with King James, though he very fairly and uprightly Treated with them, yet they had Designs on that King, which they never were able to accomplish; such were, to procure such Favours for the Papists here, as were inconsistent with the King's Laws and the safety of his Kingdoms, as shall more particular­ly hereafter be made appear in the Sequel of this History. I very well know that unhandsome Reflections have been made upon that Prince, not only by Sir Anthony Welden, but a later Author; ‘That this King affecting the Name of a King of Peace, and Peace-maker, as his chief Glory, had deligned, what in him lay, the setling of a General Peace in Europe, and the reconciling of all Parties; and professed, that if the Papists would leave their King-killing, and some other grosser Errors, he was willing to meet them half-way. Moreover, he was ever zea­lous for the Honour and Height of Regal Maje­sty, and to maintain the Glory of it in his Suc­cessors; 'twas his chief desire and care to match his Son with some Princess of some most high Descent, though of a different Religion.’

Though God be thanked for it, this great King lived and died a sincere Christian and Pro­testant, as 'tis well known to the World; But the latter of these Authors had a Design in that his Work before-mentioned, though he pretends only to give an account of matter of Fact; yet as any wary Reader will observe by the Thread that runs through his whole work, thar he was very partial and warped in his whole work, as I hope to make to appear to the world upon occa­sion, in my Traverse through the Annals of His and His Successors Reigns, so far as our Intend­ment lies.

King James his Advice to his Ambassador was, That he should, if possibly he could, sound the Inclinations of the Spaniard in the matter, and give him an Account of it; which he did, by ad­vising the King to be cautious herein, lest it prove a meer Device of the Court of Spain, on pur­pose by them set on foot to defeat the Treaty with France, which at that time was in hand, in order to a Marriage with that Crown also.

Gondomer manages the Treaty on the part of Spain, but with Caution and Reservation, and I may add Insincerity also: he was a person very acceptable to King James, on the account of his Facetious way of Address, which was very grateful to our King's Humour; but never as yet as the Historical Collection saith, prevailed mighti­ly upon him any ways to do any thing disadvanta­geous to his real Interest and Estate; for that Author doth very unhandsomly reflect on the Prudence and Discretion, as well as Sincerity in his Religion, as before of his Prince, in repre­senting him either less a Protestant or a States­man than he really was; as if (for sooth) the Cun­ning of Gondomer was able to work any thing up­on King James, either to the disadvantage of the Established Religion in England, or the King's real Interest in Affairs there; for though the Event were otherwise, yet Sir John Digby's As­surances from the Court of Spain, and other concurrent Motives were so fair, and seemed so reasonable that the Articles afterwards so qualified, and sent over to England were here under Debate, and were brought to that Issue, that the King thought fit to acquaint a select Number of his Council therewith; who having heard the Report of the former proceeding, delivered their Opinion, That they found very probable ground for him to enter into a publick Treaty, with as much assurance of good suc­cess as in such a case might be expected. Where­upon Sir John Digby, by Commission under the Great Seal, was authorized to treat and conclude the Marriage; and because the matter of Reli­gion was in chief debate, those qualified Arti­cles that were brought out of Spain, were sent back, Signed with the King's Hand; who ad­ded something to them by way of clearer expla­nation: They were to this effect:

In the allowing of these Articles, the King thus express'd himself:

The Articles which afterwards were agreed upon for the French Match, which afterwards succeeded, and with which the Parliament, as shall afterwards be made appear, were so well pleased with, were for substance the same; but the Historical Collection takes no notice of this, but goes on in his accustomed way with his Tragi­cal affrightments and mormo's.

‘That the People of England having yet in memory the intended Cruelty of 88, and ha­ting The peo­ple of Eng­land a­verse from the Match, the Catho­licks desi­rous of it. the Popish Religion, generally loathed this Match, and would have bought it off at the dearest rate; and what they durst, opposed it by Speeches, Counsels, Wishes, Prayers; but if any one spake louder than his Fellows, he was soon put to silence, disgrac'd, and cross'd in Court-preferments; whenas in Spain and Flan­ders, Books were penn'd, and Pictures Printed, to disgrace the King and State; for which the English Ambassadors sought satisfaction, but in vain. The Roman Catholicks desired the Match above measure, hoping for a moderation of Fines and Laws, perhaps a Toleration; yea, a total Restauration of their Religion; for they gained more and more Indulgence by the long­spun Treaty: The Articles of Religion were long hammered upon the Spanish Anvil, enlar­ged and multiplied by new Demands without end.’

True it is, as is well known in all Treaties of this nature, that the Papists ever endeavoured to get themselves some ease from our Laws, and the same they endeavoured afterwards, after the Match with France, with which the whole King­dom was so well pleased; yet what they gained hereby, the Collection doth not tell us; neither indeed was it any thing more than the Release out of Prison of some of their Priests, and not things of so high a nature as those which the Col­lector, most partially, I had almost said invidi­ously there mentioneth:

‘That the Wall of this Island, the English Navy, once the strongest of all Christendom, now lies at Road unarmed, and fit for Ruine; G [...]ndomar [as was the common voice] bearing the King in hand, that the furnishing of it would breed Suspition in the King his Master, and avert his mind from this Alliance: Moreover the Town of Flushing, the Castle of Ramakins in Zealand, and Brill in Holland, which were held by way of Caution from the United Provinces, to insure their dependency upon England, the King resolved to render up, as being meerly Cautionary, and none of his propriety: He rid his hands of those Places, to prevent Re­quests and Propositions from the King of Spain, who claimed Propriety in them, and Gondomar put hard for them, being accounted the Keys of the Low Countreys: Such was the Kings care and contrivance to keep Faith with those Confederates, and not offend Spain; and to render this a politick Action, it was urged, That the advantage of those Holds was coun­tervailed by the vast Expence in keeping them Howbeit, the power of the English Interest in that State was by this means cut off and taken away; and the Alienation between King James and the United Provinces, which appeared in latter times, and was nourished by Bern [...]velt, the Head of the Arminian Faction, and a Pen­tioner of Spain, is now increased by the disco­very and observation of these late Spanish Com­plainces.’

And here again I must appeal to the Fidelity and Ingenuity of that Collector, whether these things which he gives in as the Consequences of this proposed Match were matters of Fact and History, which he pretends were the only Mat­ters he proposed to entreat of, or whether they were not, as the Reader will see, the designed Warping of the Collector. Some of these things he mentioneth, we must confess, did afterwards happen; but here Gondomer must be the Robin-Good-Fellow, and the Spanish Match the Natural Cause of the afore-mentioned Effects. But this his Paralogism amounts herein to no more than this, Socrate ambalante coruscavit.

‘In the next place, saith the Collector, The Conde Gondomar, an active subtil Instrument, to Condomer contrives the death of Sir W. Rawlei [...] an enemy of Spain. serve his Masters ends, neglected no occasion tending thereunto, which he mainly shewed in the Particular of Sir Walter Rawleigh, wherein he put forth all his strength to destroy him, being one of the last Sea-Commanders then living; bred under Queen Elizabeth, and by her flesh'd in Spanish Blood and Ruine. He did first under­work his Voyage to Guienna, which seemed to threaten loss and danger to the spreading power of Spain in the West-Indies; and after his Re­turn with misfortune, he pursued him to death. In the beginning of the Kings Reign, this Gen­tleman, with others was Arraigned and Con­demned for Treason; 'twas a dark kind of Trea­son, and the Vail is still upon it. The King had ground enough to shew Mercy; which some of that condemned party obtained. Af­ter many years Imprisonment, Sir Walter Raw­leigh, desirous of Liberty [...]nd Action, pro­pounded an American Voyage, upon the assurance of gaining a Mine of Gold in Guienna. The King hearkened to him, and gave him power to set forth Ships and Men for that Service; but commanded him upon his Allegiance, to give under his hand the Number of his Men, the Burden and Strength of his Ships, together with the Countrey and River which he was to enter. All this was done, and came so timely (saith the Collector) p. 5. as if the King had been a party in the Contrivance, to Gondomar's knowledge, that Advertisement was sent to Spain, and thence to the Indies, before this English Fleet departed out of the Thames, The Action proved unfortunate, and the Mine was inaccessible; the Spaniards at St. Thomas oppo­sed their Passage up the River; and this enga­ged them to assault the Town, which they took, sacked and burnt. Gondomar hereat incensed, [Page 38] with a violent imporuunity demanded the repa­ [...]tion of this wrong; and the Spanish Faction [...], that thi [...] irruption might make a B [...]ea [...]h both of the Mat [...]h and Peace with Spain. The Kings fears kindled his wrath; he d [...]sa [...]owed the action; and to prevent the like for the future, put forth a severe Proclamation. Hereupon the Storm of Passion ceased, and [...] knowing nothing, bu [...] that he might appear in England with safety, put in at Plimouth, [...] no sooner Landed, but by secret inti­mation, understanding his danger, sought to [...] beyond Sea, but was taken in the Attempt, b [...]o [...]ht to London, and recommitted to the Tow­ [...] ▪ and at length his Life was offered up a [...] for Spain; but not upon such Grounds as th [...] Ambassador had designed; for he desired [...] Judgment upon the pretended Breach of Peace, that by this occasion he might slily gain from the English an acknowledgment of his Ma­sters Right in those Places, and hereafter both stop their Mouths, and quench their heat and valour. But the late Voyage was not brought in question, only his former Condemnation was revived; his Arraignment at Winchester many years before was now laid open, and he at the Kings Bench demanded, Why Execution should not be done upon him according to the Sentence therein pronounced? Rawleigh answer­ed, That the Kings late Commission gave him a new Life and Vigour; for he that hath power over the Lives of others, ought to be the Master of his own. This Plea was not accepted, but the former Judgment took place; and accordingly he lost his Head upon a Scaffold erected in the Old Pa­lace at Westminster.’

‘The Truth is, Sir Walter had been an old Servant of Queen Elizabeth, and had had some particular Differences with some Servants that came from Scotland with King James, and was not pleased with the Times on that Account, and was somewhat male-content.’

‘While Spain and England were thus closing, the Fire brake out in Germany between the A War in Germa­ny. States and Princes Protestant, and the House of Austria: These Commotions involved and drew along the Affairs of most Christian Princes espe­cially of the two Potent Kings now in Treaty. The Catholick Cause, and the Lot of the House of Austria, engaged the King of Spain, who was the strongest Branch of that Stock. King James must needs be drawn in, both by common and parti­cular Interest; the Religion which he professed, and the State of his Son-in-Law, the Elector Palatine, who became the principal part in those Wars, and the most unfortunate.’

‘The Clouds gather thick in the German Sky; Jealousies and Discontents arise between the Both Par­ties, Pro­t [...]stant and [...] grow jea­ [...]ous and [...]ach enter [...]nto League. Catholicks and the Evangelicks or Lutherans of the Confession of Ausburg. Both Parties draw into Confederacies, and hold Assemblies; the one seeking by the advantage of Power to en­ [...]roach and get ground, the other to stand the ground, and hold their own. The potency of the House of Austria became formidable. The The Em­peror Matthias [...]opt [...] his Cousin German [...]. old Emperor Matthias declared his Cousin Ger­man, the Arch-Duke Ferdinand, to be his adopt­ed Son and Successor, and caused him to be cho­sen and Crowned King of Bohemia and Hunga­ry; yet reserving to himself the sole exercise of Kingly power during his Life.’

‘The Jesuites Triumph in their Hopes of King [...] Joy of [...] [...] ­tion, the Catholicks keep a Ju­bilee, and the Prote­stants ano­ther in memory of Luther, each pro­voking o­ther to jealousie. Ferdinand; the Pope exhorted the Catholicks to keep a Day of Jubilee, and to implore aid of God for the Churches high occasions. To an­swer this Festival, the Elector of Saxony called to mind, that it was then the Hundredth year compleat since Martin Luther opposed the Popes Indulgences, which was the first beginning of Protestant Reformation. Whereupon he Or­dained a Solemn Feast of three Days for Thanksgiving and for Prayer to God, to main­tain in peace the purity of the Word, and the right Administration of the Sacraments. The Professors of the Universities of Lipsick and Wittemberg, the Imperial Towns of Frankford, Worms, and Noremburg; yea, the Calvinists also observed the same Days of Jubilee against the Romish Church; and much Gold and Silver was cast abroad in memory of Luther, whom they called Blessed.’

‘In these times the Emperour wrote Letters, both to the Elector Palatine, and to the Prote­stant Provinces, and States of the Empire, then Assembled at Hailbrun, advising them to acqui­esce in what was done touching the Designation of his Adopted Son to the Empire, to observe the Golden Bull (the Magna Charta of the Em­pire) and the Matter of it concerning the Ele­ctoral Bonds, and to dissolve their League. The Protestants in their Answer, acknowledged the good will of the Emperour their Chief, and shewed, That the Catholicks had oppressed them, contrary to the Pacification; and having sought Redress in vain, they were compelled to use means of preserving Publick Tranquility, according to the Laws. That their League and Ʋnion, consisting only of Protestant Germans, was a known practice in the Empire, and not against the Golden Bull, and tended not to a separation from his Imperial Majesty; but the Catholicks made their League with Strangers, and declared a Stranger Chief over them, was objected as irregular by the other Party.’

‘The Count of Thurne, and other Defenders An Assembly of the Prote­stants and States of Bohemia at Prague. Evangelick, with the Estates of Bohemia, As­sembled at Prague, to advise of Publick safety, and conservation of Privileges. The Emperour required his Council held at the Castle of Prague, to oppose and hinder this Assembly, which he said was called to raise Sedition, and to plot against his Person and Government. Never­theless, in all their Publick Worship, the E­vangelicks prayed to God to confound the Em­perour's Enemies, and to grant him long to Live and Reign over them in Peace and Justice; but this in pretence of what after appeared.’

‘The Bohemian Troubles took their first The first occasion of the trou­bles of Bo­hemia. Rise, as the Evangelicks said, from the Breach of the Edict of Peace concerning Religion, and the Accord made by the Emperor Rodolph, whereby the Protestants retained the free Exer­cise of their Religion, enjoyed their Temples, Colledges, Tithes, Patrimonies, Places of Burial, and the like; and had liberty to build new Temples, and power to chuse Defenders to secure those Rights, and to Regulate what should be of Service in their Churches. Now the stop of Building certain Churches on Lands within the Lordships of the Catholick Clergy, (in which places the Evangelicks conceived a Right to Build) was the special grievance and cause of Breach, as they pretended.’

‘On the Twenty third of May, the Chief of An open Act of their Re­bellion. the Evangelicks went Armed into the Castle of Prague, entred into the Council-Chamber, and [Page 39] opened their Grievances; but inraged by oppo­sition, threw Slabata the Chief Justice, and Sme­santius, one of the Council, and Fabritius the Secretary, from an high Window into the Castle Ditch; others of the Council temporising in this Tumult, and seeming to accord with their demands, were peaceably conducted to their own houses. Hereupon the Assembly took ad­vice to settle the Town and Castle of Prague with new Guards; likewise to appease the peo­ple, and to take an Oath of Fidelity, they chose Directors, Governors, and Counsellors Provincial to govern affairs of State, and to consult of raising Forces against the enemies of God and the King, and the Edicts of his Impe­rial Majesty. They banished the Jesuites throughout all Bohemia: Moreover, to defend their own cause, and to give an account of their late proceedings, and present posture, a Decla­ration was drawn up, and sent, with Letters, to the Estates of Moravia, Silesia, and Lusatia, and to all the Princes and States, their Allies, throughout the Empire, with request of aid in case of need.’ They declare to this effect.

THat they had indured infinite Injuries and Afflictions, by certain Officers, B [...]hemians put forth a Declera­tion. Ecclesiastick and Civil, and by the Iesuits above all others, who sought to bring them under the yoke of Popery, reviled them with the names of Hereticks, heaved them out of places of Dignity, provoked the Magistrates to pursue them with Fire and Sword: That their Ministers were banish­ed, and their Charges given to Roman Catholicks. The Senators of Prague, who were Evangelicks, were evil intreated, and divers persons persecuted for Religion, under pretence of Civil offences. And whereas in case of difference touching the Agréement and Edict of Peace, the Estates of both Parties were to hear and judge; their Enemies procured Commands from the Emperor to bear them down before a due hearing: Their lawful Méetings to advise and séek redress, were declared to be manifest Sedition and Rebellion, and themfelves threatned with loss of Estat [...] and Lives.

‘This Declaration they sent likewise to the Emperor, with a submissive Letter, asserting The Em­peror dis­gusted with the Declara­tion. their own Fidelity, and praying for the removal of those evil Counsellors, that threaten so much danger to his Majesty, and his Kingdoms. This very usual in attempts of this nature. The Emperor herewith was no way pacified, but charged them with an evil design, required them to lay down Arms, and to make no more Le­vies, but to live in peace as becometh faithful Subjects: Upon which terms he promised to disband his own Souldiers, to forgive what was past, and to protect all that will obey him.’

‘This prevailed nothing, but the breach grows wider. The Emperor published a Manifesto in He pub­lishes a Manifesto. Answer to the Apology of the Bohemian States, and wrote Letters to the Electors, Princes, and States of the Empire, with high Aggravations of the violence offered at Prague to his princi­pal officers, against Divine and Humane Rights, the Constitutions of the Kingdom, and the Cu­stoms of all Nations, without hearing, without summoning, without any form of Process; yea, without giving a moment of time to Repent, or make Confession, or receive the Sacrament, which is never denied to the worst offenders. This they had done to Slabata and Smesantius, as before.’

‘Forthwith a pernicious War, and all confusi­on Both Par­ties Arm. breaks out. The Emperor raised Forces un­der the conduct of divers Commanders, of whom the chief were Count de Buqu [...]y, and and Count d'Ampiere. The Evangelicks raise two Armies under Count de Thurne, and Count Mansfelt. Moravia, Silesia, and Lusatia, with all the Estates Protestant, Germans, and Neigh­bours of Bohemia, (very few excepted) assist the Evangelicks with Counsel, Men and Money: likewise the Prince of Orange, and the States of the Ʋnited Provinces, promised to aid them with their Forces. The Electors and Princes Prote­stant favouring the Bohemians, whose Countrey the Imperialists destroy with Fire and Sword, perswade the Emperor to stop the rage of Civil War, (so they call'd it,) the success whereof is doubtful, and the end ever miserable. The Emperor propounded an Arbitration of these differences by the Elector of Mentz, and the Duke of Bavaria, Princes Catholicks, and by the Electors Palatine and of Saxony, Princes Protestants; and Pilsen should be the place of Treaty: The Evangelicks consent to the Ar­bitration, but dislike the place, where the people were wholly Catholicks, and followed the Emperors Party; besides, the Directors had designed the besieging of it. New actions of War made the overtures of Peace more difficult: Several Armies were now raising throughout Bohemia, and the neighbouring Provinces: As yet the Elector of Saxony stood Neutral; the Duke of Bavaria cast in his lot with the Emperor, whose Estate was then every where embroiled.’

Amidst these distractions, the House of Au­stria K. James engages not in these troubles, flattering himself with the Spaniards seeming forward­ness to ef­fect the Match. made no small improvement of their inte­rest in the King of Great Britain, who in the hot pursuit of the Spanish Match, was earnest to ob­lige them. And the Spaniards made shew, that, on their part, nothing under Heaven was more desired, than this Alliance; and in their Dis­courses magnified the King, Queen, and Prince of England. For the state of their Affairs did press them hard, if not to close really, yet at least to fain a pressing towards it. For the French administred cause of discontent; the Truce with the Ʋnited Provinces was near expiring; but above all, they took to heart the Bohemian War, and resolved to set the main stock upon it: Wherefore the King of Spain gave command­ment, that his Treasure should be gathered toge­ther for the Infanta's vast Portion, being no less than Two Millions, and gave hopes of payment of half a Million beforehand, as was desired, and with himself all dispatches seemed to pass freely. But his Ministers, say some, (particularly the Col­lector, but gives his Reader no satisfaction in the proof of what he wrote, only gives the World an accompt of a Letter wrote, as he saith, from a great Minister of State to Mr. Cottington, his Majesties then Agent in Spain; which, for clear­er satisfaction, you have here at large) were su­spected either not to intend it at all, or not so soon as was pretended.

‘GOod Mr. Cottington, I doubt not, but that A Letter from a great Mi­nister of State to Mr. Cot­tington. before these come to your hands, you will have heard of the receipt of all your former Let­ters: These are in answer of your last of the Eighth of October, wherein you advertise of the arrival of the Conde Gondomar at Lerma, and of [Page 40] his entertainment by that Duke. It seemeth un­to us here in England, that he hath gone but ve­ry slowly in his journey; and divers (seeing how long time he hath spent in the way) do make conjecture, That it proceedeth from the small affection that he judgeth to be there, to­wards the effecting of the main business; saying, If the Ambassador were assured, that his Master did so really desire the speedy effecting thereof, as is pretended, he would have made more haste homeward; and that it hath not been sincerely intended, but meerly used by that State as an amuzement to entertain and busie his Majesty withal, and for the gaining of time for their own ends: and this is muttered here by very many, but, I hope, we shall, ere long, receive such an account from thence of their proceed­ings, as will give sufficient satisfaction. For my own part, I must confess, I am not yet well per­swaded of their intentions; for, if there be either Honor, Religion, or moral Honesty in them, the Protestations and Professions which I have so often heard them make, and you likewise daily advertise hither, are sufficient to perswade a man, that will not judge them worse than In­fidels, to expect sincere dealing in the business; and whensoever I shall perceive that they go about to do otherwise, I must confess my self to have been deceived, as I shall ever be on the like terms, while I deal with inmost care; but with­al, I shall judge them the most unworthy and persidious people of the World, and the more, for that his Majesty hath given them so many testimonies of his sincere intentions toward them, which he daily continueth, as now of late, by the causing Sir Walter Rawleigh to be put to death, chiefly for the giving them satisfacti­on: whereof his Majesty commanded me to advertise you, and concerning whom, you shall by the next receive a Declaration, shewing the Motives which induced his Majesty to recal his mercy, through which he had lived this ma­ny years a condemned man. In the mean time, I think it fit, that to the Duke of Lerma, the Confessor, and the Secretary of State, you do represent his Majesties real manner of pro­ceeding with that King and State; and how for the advancing of the great business, he hath en­deavoured to satisfie them in all things, letting them see how in many actions of late, of that nature, his Majesty hath strained upon the af­fections of his People, and especially in this last concerning Sir Walter Rawleigh, who died with a great deal of courage and constancy; and at his death moved the common sort of people to much remorse, who all attributed his death to the de­sire his Majesty had to satisfie Spain.’

‘Further, you may let them know how able a man Sir Walter Rawleigh was to have done his Majesty service, if he should have been pleased to employ him; yet to give them content, he hath not spared him, when by preserving him, he might have given great satisfaction to his Subjects, and had, at command, upon all occasions, as useful a Man, as served any Prince in Christendom: And on the contrary, the King of Spain is not pleased to do any thing, which may be so in­convenient unto him, as to lessen the affections of his people, or to procure so much as murmu­ring or distraction amongst them: And there­fore it is to be expected, that, on his part, they answer his Majesty, at least with sincere and real proceeding, since that is all they are put to, the difficulties and hazards being indeed on his Majesties side. And truly, I should think it fit, that not by way of commination, but, as it were, out of zeal to the Peace and Amity be­twixt these two Crowns, you did intimate to the Duke and the other Ministers, how impossi­ble you held it to have peace long continued be­twixt their Majesties; if in this business, where­in so much hath been professed, there should be found any indirectness. But herein you must be cautious and temperate; for as on the one side, you and I well know, that this stile most perswades with them, so on the other side, the decency and buen termine that is to be observed betwixt great Princes, will hardly admit of Threats or Revenge for a wooing Language. But this, I know, falleth into so discreet a hand, that I little fear the handsom carriage of it. And I hope, that before these Letters arrive with you, we shall hear from you, in such a stile, that this advice of mine shall be of no use. I pray you be very earnest with the Conde Gondomar, that he will not forget to negotiate the liberty of Mr. Mole, for whom, I hope, (now my Lord Rosse is dead) for that which you and I know, it will not be so difficult to prevail. You may put him in mind, how when Father Bald­will's liberty was granted unto him, although he could not absolutely promise Mr. Mole's re­lease, yet he then faithfully protested, he would use the mediation of the Duke of Lerma, and of the Kings Confessor, and of that King, if need were; and that he would try the best friends he had for the procurement of his enlargement, wherein you may desire him to deal effectually, for that there is great expectance that he should proceed honourably and really therein. I my self likewise will use all the means I can for his relief; for it is a thing which is very much de­sired here, and would give a great deal of satis­faction.’

‘As touching Osulivare, it is very fit that you let them know, that the report of the honour they did him, hath come unto his Majesties ears, and that although they will alledge, that in the time of Hostility betwixt England and Spain, it may be he did them many services, and may then have deserved well at their hands, for which they have just cause to reward him; yet since by his Majesties happy coming to these Crowns, those differences have had an end, and that there is a perfect League and Amity be­twixt them, his Majesty cannot chuse but dis­like, that they should bestow upon him any Title or Dignity, which only or properly belong­eth unto him towards his own Subjects; that therefore he would be glad that they would for­bear to confer any such Titulary Honours up­on any of his Subjects without his privity. This you shall do well to insist upon, so that they may understand that his Majesty is very sen­sible, that they should endeavour to make the Irish have any kind of dependance on that State.’

I would desire the Reader to take notice that the forgoing Letter, as to its value and reputati­on must rest solely upon the Credit of the Col­lector Mr. Rushworth.

Queen Anne died this year at Hampton-Court, Nov. 17. Queen Anne died. and was thence brought to her Palace at Den­mark-house in the Strand. The common people, who were great admirers of Princes, were of opi­nion, that the Blazing-Star rather betokened the death of that Queen, than that cruel and bloody [Page 41] War, which shortly after hapned in Bohemia, and other parts of Germany; but indeed and in truth whether of one or the other, or perhaps and more probably of neither, is left to others to judge.

The Kingdom of Bohemia for many hundred of years past was Elective, which may be proved from their Chronicles, from many Bulls of the Emperors, and from diverse other Examples and Autiquities. Many practises had been used to hinder the free Election, but never managed with more wiles than now.

Matthias the Emperor two years before, had Ferdinands undue practices to be King adopted Ferdinand his Uncles Son his Successour, but not to meddle with Sovereignty of a King, whilest Matthias lived: however, Ferdinand thus far set forward: himself makes way to the Dig­nity of Boheme, and to prevent discovery from the incorporate Confederate Provinces, who have Voices in the Election, he calls a Parliament forth­with, only of the States of Boheme, with express denunciation, that in the Assembly, nothing should be consulted, but the choice of a new King. The Electoral Provinces, nor their Depu­ties, nor Ambassadors, not being present, the Assembly was not legal.

The best of the States of Boheme therefore re­fuse to appear; against whom was denounced such threats, as frightened them with hazard of their Heads, and so was procured a pretended Election, (for the present) and his Coronation as­sented, by the main party, Catholicks.

The Crowning Kings in the life of another, was of late a sure policy, to unite those King­doms in the Austrian Family, contrary to the an­cient custom of free Elections, which now, neither State durst oppose.

To this end therefore, and to suppress all fu­ture free Elections, (the Palladium of the Kingdom) Ferdinand secretly compacts with the King of Spain, without consent of the States, and before his Election, or pretence to any interest.

That the King of Spain, his Posterity, and Heirs, for want of Issue male of his Father's Au­strian Line, should succeed him in that Kingdom, contrary to the established Rules of Politicians, (that no elected King hath power to alienate, without consent of the States) this succession ex­posed them to the loss of all, and Religion also, and enabled him to enfecsf strangers into each Province, and into the inheritances of those Roy­ally descended, high-born, illustrious Families; and by which, as was then suspected (and since came to pass) he should easily seize the Dignity of the Crown Imperial, and so abolish the founda­tion of the Golden Ball and Form of Empire.

This while, the aged Emperor keeps Court at Vienna, King Ferdinand at Gref in Stiria: the Government of Beheme continues in such Counsel­lors as Matthias left there, chosen Ministers Ca­tholick, who with the Archbishop of Prague en­deavor to suppress the Protestants.

The States Protestants assemble themselves to redress these injuries, backt with some Forces Prote­stant Prin­ces seek red [...]ess. which they brought with them, and were oppo­sed by the Emperor's Faction, whom they over­mastered and flung his Chief Justice Slabata, his Secretary Fabritius, and others out of a Window of the Castle, down into the Court; and being done in choler, excused by Apology to the Em­peror.

But on they go, raise force, and banish the Je­suit, and others of that Faction, whom they load with Complaints.

The Emperor as forward, commits the com­mand of two Armies unto Count [...] and Dampicre.

The Protestants counter-force with two Bodies [...] severally under the Prince of An [...]ol [...], and under Count Thorn and Mansf [...]ilt, skirmishing with dif­ferent effects.

Some Princes, King James and others, interpos [...] Mediations: and Ferdinand complains of the Bo­hemtans obstinacy.

They remonstrate former undue Elections, and allege:

That between a conditional King and his Sub­jects, there are reciprocal obligations; the one Ob [...] ­dientia, Their [...]. the other Promissa.

That he received the Seepter of the States, with thankful remuneration, and Royal grace to all, to satisfie the desire of every one, and to deserve their love, and swears not to meddle with Govern­ment whilest Matthias lives.

Notwithstanding he maintains the Wars of others, against the Bohemians, Moravians, and Silesians, and raised Terra Maria, against the Bohemians, sent for his own Army out of Steria, and pronunced the Protestant States of Boheme Trattors and Rebells, and declared himself Enemy to them all.

That he banished the old President C [...]sal, di­rects all Councils, corrects the Decisions and De­crees Imperial, disposes the actions of Buquoy, as King and Lord of all, and dis-inclines all means of Peace with Ambassadors of all Provinces, who met at Prague, carefully consulting to recover Peace.

That conditional elective Kings receive their Royal Authority upon Oaths, their Sovereign Kings Election and Suc­cession di­stinguish­ed. power, Ex pacto, non ex jure: from the Subjects by concessions upon Covenant; not by Succession nor descent, as other Kings, who are so before they swear to their Subjects, and do swear because they are Kings, but are not Kings because they swear, the one born a Prince without his Subjects, the other made and given to be a King.

The Oath of Elective Kings is, Et si (quod ab­sit) in altquibus Juramentum meum violavero, Nullam mihi incole Regni, omniumque dominiorum uniuscujusque gentis, obedientiam praestare debe­bunt.

And the Chancellor usually tells them.

Quandoquidem viderunt Ordines, Majesiatem re­giam pactis conventis stare nolle, non deb [...]re, ait, ip­sius Majestatem in malam partem interpretari, si O [...] ­dines obedientiam ipsius Majestatirenuncient.

These things thus a doing, the old Emperor dies, and Ferdinand now King of Hungary [...] Matthias dies, [...] suc­ceeds Em­peror. Boheme, and adopted Heir of the Empire, m [...]t, at Franckford (by Summons) with the three Electors, Mentz, Collen, and Trevours; the other three Silesia, Moravia, and Lusatia, failing in their persons, sent their Representatives only, and so the Council chose him King of the Romans, which the State of Bohemia disclaim, and of his being Elector as King of Bohemia, he never actu­ally possessing the Crown. Their dissentions could not lessen his Election to the Empire, yet they swore never to receive him then King.

King James much troubled at these interrupti­ons of Germany took himself to be much con­cerned K James how con­cerned. in the hazard of the Protestant party, and the peace and danger of the Reformed Church, and therefore sent Hay, Viscount Doncaster, Am­bassador extraordinary to mediate with the Em­peror and Bohemians; but to little purpose; The Emperor by means avoiding to receive him, [Page 42] knowing his errand, being to palliate what was grown too high for his Reconciliation, and re­moved his Guests, when Doncaster came but near him; so whilest King James hunted at New-Mar­ket; his Ambassador coursed the Hare in Germany, but his business, through the crudity and raw ini­tation, took not the effect.

Ferdinand fearing the Success of Ingagements, insinuates with the Germain Princes, and had pos­sessed the Duke of Bavaria, and others.

The poor Bohemians in this strait, and finding Palsgrave Elected King of Bohemia. King James an Intercessor, thought it policy to bring him into the List; for having published their Declarations and Reasons, pronounced the Election of Ferdinand to be invalid and nul; and the States of that Kingdom, and other Provinces, Elect by this Title, The most Gracious, and the most Mighty Prince Lord Frederick, Count Palatine of the Rhine, and King of Bohemia.

In the mean time King James consults with his Council, diversly affected to this Design of taking or refusing. Amongst them, see what our Arch­bishop Abbot sends to Secretary Nauton, not being able to come to Council.

Some regret there was in the Palsgrave (as well might be) to act without the consent of the King of Great Britain, and whilst his Ambassadors were treating a Peace; but by perswasion of the Prince of Anholt, the Earl of Holloch, and Ba­ron Done, with other their intimates, he was at length intreated to accept of that golden Bait, a Crown, which was given to him freely, not with­out some regret, though by others, such a Bit would be swallowed with damnation it self.

And this was hastened upon him in Aug. 1619. and his entrance into Prague the last of October, H [...] Coro­nation. and his Coronation four days after. But instant­ly posts the Baron to King James in excuse of all, either of too hasty acceptance, and neglect of his fatherly advice.

King James ever averse from such undue Pre­cipitations, for affections of the people to be ingaged at their pleasures, and to be a President to dispose of Soveraignty already established; utterly refuses Done's Address, for a time, but dispatches Ambassadors to the Emperor, and to the States of the League and Covenant, not med­ling with his Son in Law to advise or neglect him.

Of this errand two are sent in joint Commissi­on Embassa­dors sent from En­gland to the Em­peror. to Boheme, Sir Kichard Weston (after Lord Treasurer) and Sir Edward Conway, not long af­ter Secretary of State. Ferdinand, upon the News of his New Rival in the Kingdom, hastens this Proscription against the Palsgrave.

We Ferdinando, &c. To all Electors, Princes, &c. Palsgrave proscri­bed. But especially to the subjects of Frederick Count Pa­latine of the Rhene, Elector, &c.

That Frederick Count Palatine of the Rhene, hath made himself Head of that perfidious and re­bellious crue of our Kingdom of Boheme, where­fore we proclaim him guilty of High Treason, and Iterate Proscription, and of all the penalties, which by Law and Custom are depending thereon. We con­clude him out of Our and the Imperial peace, and are firmly resolved to execute the said penalties upon him, as against one publickly proscribed an Enemy and Adversary to us, and the Empire. Commanding you under pain of Life, not to give him Aid, Succor, Assistance, Money, Provision, Munition, openly or covertly,

And whoever is in pay, his Complices or Helpers, to forsake his service, and that the States dependant, Alliances, Subjects, and his Vassals, shall not yield to him Obedience, nor partake to him of his Crime, but to Forsake him and Assist us, to reduce him, the Re­bellious Frederick, to obedience. And we absolve ye his Vassals from his Protection, and from your Oath into our Grace and Favour, and whoever disobeys this our Command, we declare him and them guilty of High Treason, and Iterate Proscription, so well as himself.

Given at our City Vienna, &c. 1626.

And now each Party take the field; The Duke War on both sides. of Savoy for the Imperial Ban, with Twenty five thousand Men reduced Lusatia. The Prince of Anholt General, and Holloch Lieutenant General for Boheme, and with these (evenly powered) the War went on in that Kingdom.

And to make it famous through the Western Spinola raises For­ces in Flanders. World; Spinola forms an Army in Flanders, un­der Spains interest, but for that purpose, which King James suspected, and to be assured, sent to Sir Thomas Edmonds his Ambassador at Bruxels, to enquire (for the truce of Spain and the Nether­lands continued) but Spinola's Commission was sealed up by the Spanish subtilty, not to open till the March of the Army of Twenty thousand Foot, and Five thousand Horse, which proved fa­tal to the Palatinate.

The Spirit of the English began to bustle, Sir So does Oxford & Essex in England. Hist. Grea [...] Britaine. Horace Vere being here, and somewhat rusty since the Peace with Spain, associating his Nephews the Earls of Oxford and Essex (young and daring Spi­rits, saies one) indeed so young they apprehended no danger, and so [...]gnorant they knew not how to avoid it. Oxford the eighteen Earl, and Lord High Chamberlain without intermission, from Awbry de Vere High Chamberlain to Henry the first, Portgrave of London, and Lord Chief Ju­stice of England, Descended from the Earls of [Page 43] Guisure; the surname from Vere a Town in Zea­land, his Son Awbry created Earl of Oxford by Henry 2. and High Chamberlain.

The eighth Earl after him, was by Richard 2. created Duke of Ireland during life, and bore for that honour quarterly before his own Coat, three Crowns Or, a border Argent; his own being quarterly Gu. and Or, upon the first a Mulletary.

This man now was lately returned home from Travel in hope to recover his former debauche­ries, but how improved, implicite credit was to expect the Tryal.

As for Essex then, he only buoyd up by the peo­ple, upon his Fathers score, which we have told before.

But mad they were made by Our younger Bro­thers to sight, and a Regiment only was raised, not I believe imagined for any goodly effects, but to bandy with the King's Wisdom, who though not forward in this unjustifiable quarrel, yet not without counsel to act for the future.

How madly some men urged the Kings inte­rest, seeming so hasty, as to do the work at their own charge? But being connived at, to try their intent, the good Earl of Essex had fifty brave fel­lows pinn'd upon him to pay them their pensions, besides his compleat number of his own company. These two brave Captains with the rest, raw­souldiers, adventured without fear under (in­deed) the fame and fortune of that Right va­lourous, and truly expert man of Arms, Sir Horace Vere their Colonel, who must needs in­dure with patience, the toil he had to make them good Souldiers.

Spinola had got the start, yet the English got Their march and action in the expe­dition. over, ere he took leave of the Arch-Duke, but they followed at a distance, somewhat in danger to go too near; and in August both Forces were marching, the English had passage over the Rhine, by conduct of Prince Henry of Nassaw, with two thousand Horse, and four hundred Mus­queteers. Convoyd by Hen. of Nassaw. But ere they came there, our raw English droop'd with eating Honey, and lost not the Nick-name for some years after. Ninety four with Tents, Truncks and Luggage were left at Bac-rack, and they and the Town lost to Spi­nola, by former example of all other that had stood in his way, and with no more pains than his sudden summons. And had done so to all the English, if his Design to snap them had not miscarried by the boisterous stream of the Rhine, which wet his Waggons of Ammuniti­on, and some of his Field-pieces disordered, and so escaped they to Francksord, the 24 of September. Then to Darmstat, a Town of Bohe­mia, and to Hessen, where Prince Henry and the Dutch, take leave of the English and return home to Holland.

And here they joyn with fifteen hundred Horse of the Princes of the Union and march to Rein­shem, Joyns with the Princes of the Union the nether Town of the Palatinate; and the third of October joyn with the Army; four thousand Horse, and six thousand Foot. Spinola at hand frightned them with a charge, but night afforded no light to sight, the next day to quar­ters for a Week, where the new Wine in the Must, grapes and fruits brought crudities up­on their weak stomacks, till Spinola led them a Dance for Digestion as far as Keysers-Luther; and the weather cold, the Nights long, dis­posed their necessities to several Garrisons, and the Forces of the Reformed Princes cooped up to their several places, whilest the Enemy car­ved to himself of the whole Countrey, the good English went thither to sight, and so came home again.

In this mean time the two Genrals encounter, Anholt for Bohemia, had the better, and scatte­red The [...] General [...] for [...]. Bucquoys main Body, this was in the [...]. But in An [...]nn it sell out otherwise, for wh [...]est Spinola and the Princes were hunting each other on the Hills, the Duke of Bavaria joynts with Buc­quoy and Tilly. Anbolt and Mansfiel [...] got between them and Prague, but the Enemy breaks through, and routs the other into confusion and [...].

Anholt and Holloch, the first that [...]ed to the [...] the [...] Queen. King of Bohemia at Prague, and the next mor­ning the ninth of November, they all [...]y [...] succor, the King and Queen with b [...]th ou [...] Am­bassadors, Weston and Conway, as far as [...], in their way to the Netherlands, and the Ambas­sadors by safe conduct returned back to Bohemia, where the conquering business took up more time than to spend with leasurely disputes, and so they came home again.

The next Spring the Princes of the Union sub­mit The P [...]in­ces submit to the [...]mperor. to the Emperor, so does Aahalt, who is re­ceived into favour, and made one of his Gene­rals. Mansfield not so capable, and being put to his shifts, doubles his brave Spirit with the ne­cessity of his Fortune, hurrying several Coun­tries with Forces of fourteen thousand men, for almost two years after, till he constrained th [...]m to offer him peace, which he accepted.

Whilest King James sends to the Emperor by [...]. Ambassie of Sir Henry Wootton a Man fitted for Negotiation by his often imployments to several States and Princes, and thus qualified he hath his Commission, passes by the Duke of Lorrain in transitu (for I find not he had any Credentials to him) only confers the King's Christian intents, as one cumbred with the sad events of the G [...] ­man Troubles on this side; and the French in­tents on the other, and so not improper for the King to study the passages of both.

And out of his particular Commission to others, Duke of [...]. he frames general Arguments to him, of the King's innocency in the beginning of the Bo [...] ­mian business, and his impartiality ever since, and so rendred his Master the first Mediator therein, being tyed in the conscience of a Christian King to prosecute the same, and in it peace to all.

The Duke, a cunning and subtile Prince, told him, that the Princes of the Union would assure him, how his affections were in the cause, more he could not get out of him.

His next was to the Arch-Duke [...]opold (of the Arch-Duke [...]. Austrian family,) to him he had Letters, and tells him, That King James was clear of all fore [...]now­ledge or counsels in the business of [...], and also of the Palsgrave's preceding practice, till [...] was laid upon him:

That his Master continued equal to both par­ties, and was troubled, that there [...] be so great preparations for invading the [...] P [...] ­tinate, being the Patrimony of the King's [...] [...] ­dants, no way commixt with the Affairs of B [...] ­hemia.

Perswades the Arch-Duke, as a Perso [...] of Power to keep those that were in [...] such precipitation, as might preclude all [...] of accord.

He was answered, with the Arch-Dukes [...] station; that he believes the King's [...] of the Palsgrave he much doubts, [...] practice with the Bo [...]en [...]ans, at the [...] [...] ­ction at Franc [...] ford, and [...] [...] ­troduce the Turks into [...].

[Page 44] And conceived, the Marquess Spinola might have some aim upon the Lower Palatinate, assured the Emperors inclination to accord, but never without resti [...]ution of the usurped Kingdom; a loss not of easie concoction, especially by the Palatine his Subject.

And excused the Emperors levies, for that there were likewise some English forces, desig­ned towards that place out of England, which w [...] no fair way, if King James intended a T [...]aty.

It was replied by Wootton, That true it was, the Kings people, and some of the Nobility, had taken Alarm, upon a voice of that Invasion, and voluntarily meant to sacrifice themselves in that action; but without the Kings concurrence of mony or command.

And being ask'd; he answered, he h [...]d no par­ticular form of Accord to propose to th [...] Empe­ror, for the King thought it necessary, to dispose the affections on both sides; and so collect some measure of agreement without spending the ho­nour of the King in vain Treaties.

Then to the Community of Strasburgh and Ʋlme, who professed themselves in Neutrality, C [...]mmu­nity of St [...]s [...]ur [...]h and Ʋlme. for it might be uncivil (they said) to offer their Councels, where such Kings imploy their Wisdoms and Authority; they would only contribute their prayers.

The Duke of Wittenburgh made large profes­sions D [...]ke of W [...]tten­b [...]. towards the King of Bohemia (as he called the Palatine) of whose clearness from practice, he could vindicate; for visiting him presently up­on his Election, he found him perplexed even to tea [...]s for to accept of the Kingdom, he was ly­able to suspition, as to ambition: and if he re­fused, he feared the people would call in more than Christian aid, to the effusion of much blood. And professed that no Prince of the Empire, should exceed his affection to defend the Palati­nate, with all his power by bond of confederacy, and reason of State, lest any Stranger should neighbour him.

He had likewise Commission to the Duke of Bavaria, whom he found in actual arms about [...] the Duke of Bavaria. [...]niz in the Upper Austria, and the Emperor at Vienna, with no succ [...]ss in those Messages.

Yet still King James hoping that time it self, and the experience of vexation, might in some Without success f [...]om any of them. degree mollifie their affections, better to digest difficulties, he never refused by Ambassies to both sides, and to all other the intervenient Princes and States, to attempt that high work of Peace first; and then afterwards of Restaura­tion of the Palatinate, by other wayes and means.

The times when these Negotiations set for­w [...]d, were usual in the Kings progress or retire­ [...]ents from London to his Sports (as was concei­ved) but they were then chosen abroad for bet­ter leasure of business, even then when Kingdoms were in dispute. An art he had thus to cover his weightier Meditations, for most of his Dispatches were concluded in his hunting journies.

P [...]i [...]ce Charles now grown man; the King had disposed to a Treaty for his Marriage with the [...] h [...]s up [...]n a [...] and [...] with [...]. In [...]anta of Spain (some while since) and Sir Walter A [...]en sent thither Lieger to fit correspondence, and now conceived not improper to induce the restauration of the Palatinate by that means.

However, it may be observed the evil success of all our former medling with that Nation in matters of Marriages, so malignant, and disa­greeing with ours.

Let us ravel back to the memory of the Black Prince, a person of the greatest performance that Christendom can parallel. Yet in his voy­age to Spain to settle Don Piedro; besides their monstrous ingratitude and perfidy to him then, caused also that miserable revolt in France by his absence, which lost us our Inheritance there, and his health ever after, his body either corrupted by the Air, or by their Drugs impoisoned.

And indeed their Matches with the Heirs and Princes of this Crown, for above six score years, having been no where else (except the second Marriage of Henry the eighth) were always un­happy,

Prin [...]e Arthur's sudden death, left his Widow to his wicked Brother, with whom God was less pleased, as the Match was more unlawful; and therefore not a Male was left of their race, only one Daughter, in whose short Reign of six years, was more bloodshed for the true Religion, than for the false in sixty years, and she adventuring to Marry there also, this discontented Nation fell into Insurrections, Treasons, Wiat's Rebel­lion, and therefore her Husband Philip, suspect­ing the future effects, forsook her; who lost Cal­lis to the French in six dayes, that the English had enjoyed 200 years; but altogether, broke her heart, and she died.

Now to parallel these foreign Marches with those at home to our own Subjects, the first be­ing by Edward the fourth, and the last with Henry the eighth, from which two, Gods blessing brought forth two Queens Elizabeths; such instru­ments of his Glory, Peace in the Land, and Re­ligion in the Church, as never could produce greater examples of Happiness to England, un­til this of King James, who brought hither them both with him.

In Flanders an Army of 30000 is levyed. To the King of Englands demand of the cause of such great Preparations, the Marquess of Spinola answers, That he received his Commission sealed up with this injunction, that it should not be ope­ned till his Levies were compleated and had ren­dezvouz'd. Some Aids, under Sir Horatio Vere, were sent to the Palatinate; the Forces of the Emperor becoming very numerous by the supplies that joyned them, from several Countries and Provinces. The Protestant States of the Upper and Lower Austria, upon the Bavarian Armies approach, renounce their League with the Bohe­mians, and submit to the Emperor, the Rights and Priviledges of their Religion being secured to them. The Bohemian's call in Bethlem Gabor, and fortifie their Frontiers; the Emperor in the mean time calls upon the Elector of Saxony to as­sist him in the Execution of the Ban against King Frederick, who would upon the Palsgraves entreaty stand Neuter, but enters Lusatia with an Army, whiles Spinola prevails mightily in the Palatinate, and by reason of the slowness of the Protestant supplies coming in to the King of Bohemia's suc­cor, the Principal of the Union are disheartned, and the Union ready to be dissolved, whilest the English are drawn into several Towns in the Pala­tinate for their Winter Quarters, the Spaniards roave about in the Palatinate, and Protestant Princes retire into their own Countries.

The Truth is, King James was now in great straits what to do, he never approved his Son in Laws act to take the Kingdom of Bohemia upon him; and was unwilling on the other hand to see his Children devested of their natural Rights; he advises his Son to overtures of Peace, yet so as [Page 45] if they should not be hearkned too, to provide to assist him in the Wars, by the Raising of mo­ney by the way of Free gift, which he did, by directing his Letters to diverse Earls, Viscounts, Bishops and Barons, as followeth.

A Letter of the same import was written to the Lord Mayor of London; but the Fatal Bat­tel of Prague decides all; where the Imperial Forces under the Command of the Duke of Ba­varia and Buquoy on the 8th. of November, being Sunday, utterly ruined the whole Army of King Frederick; they mutinying and refusing to fight for want of Pay, though he had it by him; and it became a Prey to his Enemies by the loss of the Battel; after which the King and Queen flie, and Count Mansfield, who joyned not with the Prince of Anhalt, King Frederick's General, fights manfully, and with a flying Army became a continual vexation to the Emperour, harrassing his Countries, and forcing Contributions every where.

The King of England hearing of the King of Bohemia's Overthrow, by the Earls of Oxford and Essex, newly returned from the Palatinate, calls his Council together, to consider what is fit to be done in this affair.

• Lord Archbishop of Canterbury.
• Lord Chancellor.
• Lord Treasurer.
• Lord Privy Seal.
• Lord Steward.
• Lord M. Hamilton.
• Lord Chamberlain.
• Earl of Arundel.
• Earl of Kelly.
• Lord V. Doncaster.
• Lord V. Falkland.
• Lord Carew.
• Lord Digby.
• Mr. Treasurer.
• Mr. Secretary Naunton.
• Mr. Secretary Calvert.
• Mr. Chanc. of the Exchequer.
• Master of the Rolls.
• Master of the Wards.

HIs Majesty being resolved to make some Royal Preparations for the Re­covery An Order at the Council Table for recove­ring the Palatinate. and Protection of the Palatinate, be­ing the Ancient Inheritance of His Ma­jesties Son-in-Law, and Grand-children, did in His High Wisdom think meet to appoint some persons of knowledge and experience in the Wars, to consider of, and give their Advice in such Propositi­ons as shall be made unto them by the Board, for the better expediting of that Service. To which purpose, the Earl of Oxford, and the Earl of Essex, the Earl of Leicester, the Lord Viscount Wilmot, the Lord Danvers, the Lord Calfield, Sir Ed­ward Cecil, Sir Richard Harrison Knights, and Captain Danbingham were called to the Table, and made acquainted with His Majesties pleasure, That they or any five or more of them, together with Sir Hor. Vere, & Sir Edw. Conway Knights (if they return into England while this Committee doth con­tinue) shall undertake this Service, and have their Meetings and Assemblies in the whole Council-Chamber here in Whitehall, touching the affairs above-mentioned: And that, for their better assistance, they call unto them such others of experience, whose advice and opinion they shall think fit to make use of in their several Consultati­ons, upon such things as shall be so refer­red unto them from the Board. Which they are to prosecute without intermission or delay. And they shall make report of their Opinions, which is to be done in writing under five of their hands at least.

The Particulars offered to their Consideration, are these.

First, What proportion or number of Men, as well Horse as Foot, with Munition, Victuals, Shipping and Treasure will be sufficient for that Enterprise.

And Secondly, By what time it will be meet, that their Forces be in readiness: And where the Arms, Munition and Victuals may be best provided; with such other Circumstances as are incident to any of these Heads.

For the better direction herein, Mr. Secretaries will acquaint them with such Intelligences as they have recieved, touching the strength of the Enemies For­ces now in the Palatinate.

Moreover, the King, to encourage the Princes of the Union, and to keep them in Arms, sent them 30000 Pounds; yet withal, resol [...]ed to treat for a Peace; and dispatch'd Sir Edward [Page 46] Villers into S [...]l [...]sia, to fetch the Palsgrave's Sub­mission to the Emperor, upon Conditions to be conceived according to equity and conveniency.

Never did the Spaniards more flatter King James, than after the Defeat at Prague. They af­firm, that he shall ordain, according to his plea­sure, in the Palsgrave's Restitution, and be beyed: That the Infanta's Portion was pre­paring, and that the Pope was obliged to grant the Dispensation, from whom they resolve to take no denial. Cottington, the Agent in Spain, new att [...]st [...] the honesty of Gondomar's Dispatch­es hith [...], and cryed him up for a cordial man, and well deserving his Majesty's favour.,

The Spanish Ambassador's Instructions received from the King his Master, were as followeth, but must be taken entirely upon the Credit of the Hi­storical Collector. p. 18.

‘BEsides that which I enjoin you in your ge­neral [...] Instructi­ons to the [...] Ambassa­d [...] into England. Instructions given you for England, whither I send you to reside, I thought good to advertise you apart by themselves of the chiefest things of importance, which you shall there ne­gotiate, and endeavour to further and advance.’

‘It is well known, that I have desired and en­deavoured to favour the Cause of the Catho­licks of that Kingdom, and to further it to their best advantage, as well in the time of the Queen deceased, who did so much prosecute and oppress them, as since the time that the present King hath succeeded; yet that cala­mity still continues upon them, by reason of the ill offices done unto them by the Puritans and Protestants (of whom the greater part of that Kings Council doth consist:) Howbeit, because it is a thing that I could not well urge o [...] press, without breeding Jealousies, and so cause thereby a greater harm to the Catholicks, I have proceeded on my part with that wariness and dissimulation as is fit.’

‘D. A. shall inform you of what hath passed in this matter, as also in what estate things are at this present, and how you shall govern your self for the time to come, according to the Or­ders given unto him, whose example we wish you to follow. And of this take special heed; That although it be believed, that we may be very confident of the Trustiness of those Ca­tholicks, by whose [...]eans the business of the rest is undertaken, that they will be secret; notwith­standing, lest any Heretick shall come in the name or shew of a Catholick, only to make some discovery; it shall be fit, that in all Spee [...]hes you shall have with them, concerning that which shall touch the Catholicks, that you tell them, how much I desire to see them fi [...]ed from those pressures, under which Queen Eli­zabeth put them, and that God would inspire the King's heart, that he may reduce himself to the obedience of the Roman-Catholick Church; and advise them to endeavour to win the King unto them, by shewing themselves good, and Loyal, and obedient Subjects, in temporal Duties, and not to meddle in any thing against his State; that by their deeds he may see what security may be expected from them, and may also bind himself to favour them; these being things that no way contra­dict the observing the Catholick Religion, and are due from them to the Dignity of their King and Natural Lord: And for the same reason they ought to abstain from all ill practices, or un [...]itting Speech or Actions against his Person as, is said, some heretofore have used;’ ‘especi­ally seeing no good hath, or can come thereof, and thereby they shall justly provoke him against themselves; and by holding this course, they shall win the King's good will, and the Peace shall be preserved, and by the Peace by little and little, be won and attained that which is desired. By this manner of proceeding, it is certain, there can come no inconvenience: But in case that this your manner of dealing shall come to the King's knowledge (as possibly it may) it will breed a great Obligation of Bro­therhood and Friendship between us, when he shall see that I carry my self in this [...]ort in his affairs; and consequently will be the more con­fident of our Amity, and will thereby be indu­ced the better to subdue all Malice in them that shall endeavour to perswade the contrary. And therefore you shall have a special care to do this dexterously, in due time and season; and to inform your self very particularly from the said D. A. concerning those with whom you may deal confidently, and how far you may trust the Negotiants for the Catholicks; though you shall do well alway to proceed with the afore­said caution and wariness.’

‘You shall understand from the said D. A. what Pensions are allotted to certain Ministers of that King, and to other persons: It will be neces­sary to inform your self throughly of all that concerns this Point, and that you know both the Persons and Pensions, to serve your self of them, and to make the best use of them in all occasions that shall be most behoveful for your better direction in the businesses given you in charge, and all others that may be offered of consequence, seeing the said Pensions were ap­pointed to that end.’

‘Whatsoever of the said Pensions you shall find unpaid for the time past, D. A. is to discharge, and you shall undertake for the time to come, telling every one what his Pension is, to the end they may be deceived of no part thereof by the Third person, who conveys it unto him; and let it be punctually paid at the days, that their good payment may bind them to persevere, and do their service punctually; for the which you shall be furnished with all that shall be ne­cessary. And have a special care to advertise me, how such Persons employ themselves in the things that shall occur, disguising their names in such manner as D. A. doth.’

‘Above all, you must take great care to dive into the estate of the Affairs of that King, what his Treasure is: In what Estimation he is with his Subjects, and what correspondence and good meaning there is betwixt them how the [...] ­glish, Scotch, and Irish stand affected among them­selves, & one towards another▪ and towards their Neighbours, and how they are be [...]t against me, & my Common Estates, or any of my particular Kingdoms; whence they draw their Intelligen­ces, and particularly what Am [...]y and Corre­spondency that King entert [...]th with France, and with the Neurals of Holland and Z [...]aland, and with the V [...]n [...]tians, and upon what Causes it is founded, what Matters they treat of, what Designs they have in hand. All which is very necessary to be known; for the attaining of which, D. A. will open unto you some ways, which you must follow, besides those which your self shall discover. And you shall adver­tise me [...]f whatsoever you shall understand and learn, [...]verning your self in all Occurrents [Page 47] with that wariness and discretion, as your zeal to my service doth assure me of.’

These were the Arts of Spain, to corrupt di­vers in the Court of England.

Buckingham and his Dependants followed the King's inclinations, The Duke of Lenox, Mar­quis Hamilton, and William Earl of Pembroke, disliking the King's course, did not contest with him, but only intimated their dissent.

It was said of Gondomar, that when he return­ed into Spain, he gave in his account of disburs­ments for Pensions given in England (amongst others) to Sir Robert Cotton 1000 l. a person of great integrity, and one who was ever averse to the House of Austria. Which Sir Robert getting notice of by the English Agent, then in Spain, demanded reparation; which was obtained; but with a Salvo to the Ambassadors Honour, the Errour being said to be committed by a Depen­dant upon the Ambassador, and not by him­self.

The King being jealous of uncontrolled So­vereignty, and impatient of his Peoples inter­medling with the Mysteries of State (a thing ve­ry usual, but of evil consequence both in his, and the subsequent times) had fallen into a great dislike of Parliaments; which, while Justice and due Subjection sway their Actions, are a Princes greatest as well as highest Councels. And many of his Ministers perhaps, fearing an Enquiry into their own actions, might suggest to him, that he might better furnish himself by those ways of Monopolies, &c. and the Match now in Treaty, than by Subsidies, usually ac­companied with the Redress of Grievances. Nevertheless, he was now minded to call a Parliament, concieving it might be of special use: For he observed the affections of the Peo­ple to be raised for the recovery of the Pala­tinate; and then concluded, that those affecti­ons would open their Purses to the supply of his wants; and the Treaty with Spain would effect the business, without the expence and troubles of War, and the good accord between him and his People would quicken the Spaniard to conclude the Match. And accordingly Writs were issued forth to Assemble them the 30th of January. In the Calling of this Parliament, he recommend­ed to his Subjects the choice of such Members as were of the wisest, gravest, and best affected people, neither superstitious, nor turbulent, but obedient Children to this their Mother-Church.

In the mean while, in Germany the Protestant The Pro­testant U­nion de­clines in Germany. Union continually declined, by the gradual fal­ling away of the several Partakers. The Elector of Saxony reduced the remainder of Lusatia. The Province of Moravia, upon the approach of Bu­quoy, seeing the Count de Latiere came not in to their succor, prayed that they might enjoy their Priviledges in matter of Religion, and be received into the Emperor's Grace and Favour: which submission was well received at Vienna. Likewise the States of Silesia failing of assistance from the Elector Palatine, were constrained to make their peace.

Then the Palatine propounded to the Elector of Saxony an Overture of Peace; declaring, The Pala­tine pro­pounds a Peace to the Ele­ctor of Saxony. That he took the Crown upon him to preserve the Protestants in the free exercise of their Reli­gion. The Saxon replied, That he had no way to make his Peace, but to renounce the Kingdom of Bohemia, and the Provinces incorporate, and to beg the Emperor's [...]ardon. Afterwards the Elector Palatine goeth to Brandenburgh, and then to Segenburgh, where there was an Assembly of Princes and States Protestant, to oppose the Ex­ploits of Spinola. In the mean while, Count Mans­feld stirs in Bohemia, pillages several Towns, and the Goods of all those that cried, God save King Ferdinand.

The Relation of England to those Affairs of The King puts [...] a Procla­mation forbid­ding [...] of [...] ▪ Foreign States, had caused a general liberty of Discourse concerning Matters of State; which King James could not bear; but, by Proclama­tion, commanded all, from the highest to the lowest, not to intermeddle, by Pen or Speech, with State-concernments, and secrets of Empire, either at home or abroad; which were no fit Themes or Subjects for vulgar persons, or com­mon Meetings.

On the Thirtieth of January, the Parliament began to Sit, and the King is said by the Collector to have made this Speech following to the Parlia­ment; but the Speech is not the Kings, but a Hodge-podge of the Collectors; the true Speech of His Majesty followeth the other of the Colle­ctors.

‘MY Lords Spiritual and Temporal, and you The Kings Speech to the Parli­ament. the Commons, Cui multiloquio non de [...]st peccatum? In the last Parliament I made long Discourses, especially to them of the Lower House: I did open the true thoughts of my heart; but I may say with our Saviour, I have piped to you, and you have not danced; I have mourned, and you have not lamented. Yet as no mans actions can be free, so in me God found some Spices of vanity, and so all my Sayings turned to me again without any success. And now tell the Reasons of your Calling, and this Meeting, apply it to your selves, and spend not the time in long Speeches. Consider, that the Parliament is a thing composed of a Head and a Body, the Monarch and the Two Estates; it was first a Monarchy, then after a Parliament. There are no Parliaments, but in a Monarchi­cal Governments; for, in Venice, the Nether­lands, and other free Governments, there are none. The Head is to call the Body together; And for the Clergy, the Bishops are chief, for Shires, their Knights; and for Towns and Ci­ties, their Burgesses and Citizens. These are to treat of difficult matters, and to counsel their King with their best advice, to make Laws for the Common-weal: And the Lower House is also to petition their King, and acquaint him with their Grievances, and not to meddle with their King's Prerogative. They are to offer supply for his Necessity, and he to distribute in recom­pence thereof Justice and Mercy. As in all Par­liaments, it is the King's Office to make good Laws (whose fundamental Cause is the Peoples ill Manners) so at this time, that we may meet with the new Abuses, and the incroaching Craft of the the times: Particulars shall be read here­after.’

‘As touching Religion, Laws enough are made already. It stands in two points; Perswasion and Compulsion: Men may perswade, but God must give the Blessing. Jesuites, Priests, Puritans and Sectaries, erring both on the right hand and left hand, are forward to perswade unto their own ends; and so ought you the Bishops, in your ex­ample and preaching; but Compulsion to obey, is to bind the Conscience.’

[Page 48] ‘There is talk of the Match with Spain; but if it shall not prove a furtherance to Religion, I am not worthy to be your King: I will ne­ver proceed but to the Glory of God, and con­tent of my Subjects.’

‘For a Supply to my Necessities; I have reign­ed eighteen years, in which time you have had peace, and I have received far less supply than hath been given to any King since the con­quest. The last Queen, of Famous Memory, had one year with another above a hundred thousand pounds per annum in Subsidies; and in all my time I have had but Four Subsidies, and Six Fifteens. It is ten years since I had a Subsidy; in all which time I have been sparing to trouble you: I have turned my self as nearly to save Expences as I may; I have abated much in my Houshold-Expences, in my Navies, in the Charge of my Munition; I made not choice of an old beaten Souldier for my Admiral; but rather chose a Bucking­ham. young man, whose Honesty and Integrity I knew, whose Care hath been to appoint under him sufficient men to lessen my Charges, which he hath done.’

‘Touching the miserable Dissentions in Chri­stendom, I was not the Cause thereof; for the appeasing whereof, I sent my Lord of Donca­ster; whose Journey cost me Three thousand five hundred pounds. My Son-in-Law sent to me for Advice, but within three days after ac­cepted of the Crown; which I did never ap­prove of, for three Reasons.’

‘First, For Religions sake, as not holding with the Jesuits disposing of Kingdoms; ra­ther learning of our Saviour to [...]uphold, not to overthrow them.’

‘Secondly, I was no Judge between them, neither acquainted with the Laws of Bohemia. Quis me Judicem f [...]cit?’

‘Thirdly, I have treated a Peace, and there­fore will not be a Party; yet I left not to pre­serve my Childrens Patrimony; for I had a Con­tribution of my Lords and Subjects, which a­mounted to a great Sum. I borrowed of my Brother of Denmark Seven thousand five hun­dred pounds to help him, and sent as much to him as made it up Ten thousand; and Thirty thousand I sent to the Princes of the Union, to hearten them. I have lost no time; had the Princes of the Union done their parts, that handful of men I sent had done theirs. I in­tend to send, by way of perswasion, which in this Age will little avail, unless a strong hand assist: Wherefore I purpose to provide an Ar­my the next Summer, and desire you to consi­der of my Necessities, as you have done to my Predecessors. Qui cito dat, bis dat. I will engage my Crown, my Blood, and my Soul in that Recov [...]ry.’

‘You may be informed of me in things in course of Justice; but I never sent to any of my Judges to give Sentence contrary to Law. Consider the Trade, for the making thereof better; and shew me the reason why my Mint for these eight or nine years hath not gone. I confess I have been liberal in my Grants; but if I be informed, I will amend all hurtful Grievances: But who shall hasten after Grie­vances, and desire to make himself popular, he hath the Spirit of Satan: If I may know my Errors, I will reform them. I was in my first Parliament a Novice; and in my last there was a kind of Beasts called Ʋndertakers, a dozen of whom undertook to govern the last Parliament, and they led me. I shall thank you for your good Office, and desire that the World may say well of Our Agreement.’

In this Parliament the Commons presented Sir Tho. Richardson for their Speaker.

My Lords Spiritual and Temporal, and you the Com­mons,

IN multiloquio non deest peccatum: said the wisest King that ever was; and this Experience I have found in my own person; for it is true, that there have been Sessions of Parliament before this time, wherein I have made many Discourses to the Gentlemen of the Lower House, and in them deli­vered a true endeavour of my heart: But as no mans Occasions, be they never so good, can be free from consure, in regard of the Excellency re­quired to make Perfection; so it may be, it pleased God, seeing some vanity in me, to send back my Words as Wind spit into my own face. So, as I may truly say, I have often Piped unto you, but you have not Danced; I have often mourned, but you have not lamented: But now I have put on this re­solution for the few dayes that are left me in this World, wherein I know not how far I have offended God, and if it may please you especially of the Low­er House, to apply this Rule unto your selves, y [...] may find the more fruit.

Now to the Errand of your being called hither; for entring whereunto the more easily, I will begin with the general Condition of a Parli­ament, not to instruct you, whom I suppose not to be ignorant, but to refresh, your Memo­ries; and first what a Parliament is: It is an As­sembly compos'd of a Head and a Body. The Monarch is the Head, and the Body is the Three Estates; which are called in all Monar­chies a Parliament, which was Ʋsed and Created at the first by Monarchy; for Kings were before Parliaments; who, assoon as they had s [...]ied a Form of Government, and were willing that their People should be guided by Laws, called a Parliament: I know there are divers sorts of Foreign Parliaments, some more, some less in number: But I leave them; only this I would have you to observe, That it is a vain thing for a Parliament-Man to press to be po­pular; for there is no State or Parliament without a Monarchy; so the Grizons, Swisses and Low-Countries, which are governed without a King, have no Parliaments, but Councils and Assemblies. This I put you in mind of, that you serve un­der a Monarch, and that you must stand or fall with it.

Now consider, First, Who calls you: your King, Secondly, Whom he calls; the Peers, who in respect of the eminency of their Places and high Ho­nours, have an interest therein by Birth and Inhe­ritance, because they are to assist the King in his greatest Affairs. In the next place is the Church, the Clergy; yet not all of them, but the princi­pal Heads thereof, the Bishops, whose Holiness of Life doth claim a priviledge in Advice, and re­spect of their Baronies: also the Knights stand for the Shires, and the other Gentlemen for the Burroughs; of these is the whole Body com­pos'd. Thirdly, Why you are called; viz. To advise the King in his urgent Affairs, to give him your best advice in such Errands as he shall ask of you, or you shall think fit to ask his Ad­vice in. The King makes Laws, and ye are to ad­vise him to make such as may be best for the good of [Page 49] the Common-wealth: There is another Cause a so, viz. The House of Commons is Called, for that they best know the particular Estate of the Coun­trey; and if the King shall ask their Advice, can best tell what is amiss, as being most sensible of it, and also petition him to amend and redress. You are the Authors of sustenance also to him, to sup­ply his Necessities; and this is the proper use of Parliaments. Here they are to offer what they think fit to supply his wants; and he is in lieu hereof to afford them Mercy and Justice; and this is that I boldly say, and am not asham'd to speak it, That all People owe a kind of Tribute to their King, as a thankfulness to him for his Love to them; and where there is this Sympathy between the King and his People, it breeds a happy Parlia­ment.

Thus much of the general Condition and special Ʋse of Parliaments in this Kingdom. Now I come to the particular Causes which moved me to call this Parliament.

First, As in all Parliaments, the King must have a special care to make good Laws; for ex ma­lis moribus bonae Leges oriuntur: For the elder the World grows, men become the more wise, the more crafty, and the more sinful, and there­fore the more need to make new Laws for new Crimes. And here I am in a large Subject, yet because of my intended Brevity, I will speak of no Particulars, but hold it best to leave it to the Times wherein you should both see and read them.

First, For Religion there are Laws enough, so as the true intent and execution follow; The Maintenance of Religion stands in two points: 1. Perswasion, which must precede; 2. Compul­sion, which must follow; for as all the World can­not create a new Creature, be it never so little, so no Law of man can make a good Christian in heart, with­out inward Grace; but the Minister must per­swade, and leave the success to God; and if there were not so many Priests and Jesuites, there would not be so many perverted to ill; yet it is not enough to trust to a good Cause, and to let it go alone; likewise the busie Puritans, do but see how busie they are in perswading the People. But God forbid that I should compel mens Consciences, but leave them to the Law of the Kingdom; for the Rumor that is spread, that I should tolerate Re­ligion in respect of this Match, which hath been long intreated with Spain for my Son; I profess I will do nothing therein which shall not be honourable, and for the good of Religion: The Trial which you have had of my Works and Writings, wherein I have been a Martyr, tortur'd in the Mouths of ma­ny idle Follows, may give you ample testimony of my Integrity, in such a sort, as I hope you trust the Wisdom of your King so far as that I will never do one thing in private, and another thing in pub­lick: But if after this my Declaration, any shall transgress, blame me not if I see them severely pu­nished.

Now the main Errand, to speak truth, which I have call'd you for, is for a Supply of my urgent necessities; ye can all bear me witness I have Reigned 18 Years among you; if it be a fault in me, that you have been at peace all this while, I pray you pardon it; for I take it for an honour to me, that ye should live quietly under your Vines and Fig-trees, eating the fruit of your own Labours, and my self to be a Just and Merciful King to you; ye have not been troubled with pres­sing of men with a thousand Inconveniences, which the disaster of War produceth; and yet within these 18 years I have had less Supplies than many Kings before. The last Queen (of [...] Me­mory) was so far supply'd in her [...] grew to an [...] came to 135000 l. a year at the least. I had never above 4 Subsidies, and 6 [...]i [...]teens; I [...] ­lenge no more desert than She; but su [...]e I am, I have governed you as peaceably the time since my Supply hath been, as if W [...]men with Child, quae d [...]cem tulerunt fastidia [...], who, after ten Months Longing are delivered of their Burden; but I have eravailed ten years, and there­fore now full time to be delivered of my wa [...]ts. I was ever willing to spare you till now, It is true, Two Arguments were used in other Parliaments against Supplies; first, That many Subsidies had been given by them, and therefore they required a time of Respiration; which Objection is now taken away: The other was, That my Treasure was con­fusedly governed by me; so as some did not stick to say, that they would give me all they had, were they sure it should come into my Purse: Now you have seen Trial of my late Care in two Years last past, in looking into the Particulars of my Estate, wherein I must confess that I have found my Reve­nue, as Job's Friends, forsaking me. In my Houshold Expence I have abated 10000 pound per Annum; in the Navy I abated 25000 pound per An. and shortly hope to abate 10000 pound more in mine Ordinance; I have brought mine Expences from 34000 l. to 14000 l. and yet was loth at first to think that things were so much out of order; but at the last, by means of the information of some private honest Gentlemen, I was induced to enter into a particular Survey; and herein, such was the Love of my young Admiral to me, as he took the only Envy of all upon my self for my sake; and though he be but young, yet I find him true in Faith, and an honest man, who hath had the better success in all the rest; he took under himself divers Commissioners, as a young Commander should do, the better to preserve him from Errors, and then sought no reward, but my good Service; yet went nevertheless through all with great dili­gence and happy Success; and therefore I hope the Kingdom shall say I have a true care of my Estate, not taking from others by violence House or Land, but governing my own with good Husbandry: And now I took your Supply not to fall into a bottomless Purse.

The next Cause of your Calling is for an urgent necessity; the miserable and torn Estate of Chri­stendom; which none that hath an honest heart, can look on without a weeping Eye. I was not the Cause of the beginning thereof (God knows;) but I pray God I may be a happy Instrument of a happy ending the Wars in Bohemia, I mean, wherein the States expell'd the Emperour, and chose my Son-in-Law their King: I was requested at first by both Sides to make an Agreement be­tween them; which cost me 3000 l. in sending Doncaster on an Embassie for that purpose. In the mean time they cast off all Allegiance, and chose my Son, who sent to me to know whether he should take the Crown upon him or not; and yet within three days after, before I could return my Answer, took the Crown on his Head; and then I was loth to meddle in it at all, for three Reasons.

First, I would not make Religion the Cause of Deposing Kings. I leave that Cause to the Je­suites, to make Religion a Cause to take away Crowns.

Next, I was not a fit Judge between them; [Page 50] for they might after say to me, as he said to Moses, Who made thee a Judge over us? And my self would not be content that they should judge whether I were a King or not.

Lastly, Because I had been a Medler between them, and then to determine my Son might take the Crown upon him, had been unproper; and yet I left not off so far as Nature compell'd me, to admit his Good, I permitted a voluntary Contribution, to preserve the Palatinate, which came to a great Sum; for that purpose I borrowed also 75000 l. of my Brother of Denmark, and now have sent to him to make it up 100000 l. and all this have I done with the Charge of Ambassadors, and otherwise; which have risen to an infinite Sum, which I have born my self, and hath cost me above 200000 l. in preserving the Palatinate from inv [...]ding, finding no hope of the rest, besides 300000 pound, and besides the voluntary Contribution; and I am now to take care for a worse danger against next Summer; albeit I will leave no travail untried to obtain a happy Peace; but I thought good to be armed against the worst time, it being best to intreat of Peace with a Sword in my I land. Now I shall labour to preserve the rest; wherein I declare, that if by fair means I cannot get it, my Crown, and Honour and All shall be spent with my Sons Blood also, but I will get it for him: And this is the Cause, for all the Causes of Religion are involved in it; for they will alter Religion where they conquer, and so perhaps my Granchtld may suffer, who hath commit­ted no fault at all. There is nothing done without a speedy Supply, and his dat qui [...]ito dat; wherefore I hope you will no more fail me now, than you have done my Predecessors. In this I must trust your Cares; and I think if a man could see all your Hearts in one Face, it would testifie a general Acclamation of this my Motion. Consi­der who it is that moves you; your King, and his care of Reformation, and the Charges which he hath discharged, besides 40000 l. of late in the Pi­rati [...]al War, and consider if I deserve not your re­sp [...]cts.

For your parts you may be informed of some­thing fit to be required of Me for matter of Ju­stice, I never directly nor otherwise desired the con [...]ary; for which purpose I have chosen Judges of the best Learning and Integrity that I could; and if they prove unjust, I will not spare them. It's strange that my Mint hath not gone this 8, or 9 years; but I think the fault of the want of Money, is the uneven balancing of [...]ade: for other things (I confess) I have been libe [...]al; but the main Cause of my wants hath been [...] Government of those whom I have trusted un­der [...]: For Bounty, I will not make every day a Christmas; and yet it may be I have hurt my self [...] some, and in others my Subjects; but if I be [...] inform'd, I will rightly reform; but for you to hunt after G [...]ievances to the prejudice of your King and your selves, is not the Errand: Deal with me as I deserve at your hands; will le [...]e nothing undone that becomes a just King, if you deal with me a [...]ordingly. I know this Parliament hath been of great expectation; and so was that at my first coming, when I knew [...]t the State of this I and; I was led by the old [...]nsellors I found which the old Queen left, and it [...] be there was [...], and a unsunderstand­ing between [...], which bred an abruption: And at the last Parliament there came up a strange kind of Beast call'd Ʋndertakers, a Name which may Nature I ab [...]or; which caus'd a Dissolution; now you have the advantage, that I call you out of my free motion, and my trust is in your good Offices for my good estate even in all and every one of you; I hope I want not good Subjects; and I assure you, ye shall find an honest King of me: How hap­py a Fame will it be that he is Reverenced and Loved by his People, and reciprocally loves them? Now shall I be honoured by my Neighbour Princes, and my Government peradventure made an example for Po­sterity to follow: And so I leave you.

Sir John Digby, now Lord Digby, is sent into Flanders to the Arch-Duke, to gain a Cessation from War, and a Treaty of Peace with the Em­peror; the former is granted, and is continued till the Death of the Arch-Duke; and the Treaty of Twelve years betwixt the Ʋnited Netherlands and the Spaniards expiring, Spinola returns into Flanders, and leaves the Palattnate to the Impe­rial Forces, King Frederick and his Queen re­tire into Holland, and are Nobly entertained there by the Prince of Orange, whilst the Empe­ror deals severely with the Bohemians, and treats them not as an Elected King, but a Lord by Right of Conquest: The Ʋnion now dissolves amain, and the Protestant States and Towns reconcile themselves to the Emperor; to whom they do but in vain intercede for the Palsgrave, whilst the King of Denmark the Ʋnited Provinces, and diverse German Princes adhere still to his Cause, and stickle hard for him.

The Parliament now called, Petition the King to put the Laws in execution upon Popish Priests, Jesuites and Popish Recusants; complain of Sir Giles Mompesson for many heinous Offences, to the Scandal of the King and Government; he was Committed to Prison, and escaped thence beyond Seas. Diverse Patents were then like­wise Complained of; as that of Gold and Sil­ver-Thread, of Innes and Ale-houses, [...] c. which the Commons complain of, not touching in the least upon the King's Prerogative; and these things (the Lords admitting of no other Business) being before that House, the King came to the House of Peers, and spake as follow­eth;

‘MY Lords, The last time I came hither, My Errand was to inform you (as well as My The Kings Speech to the Lords Memory could serve Me of things so long past) of the verity of My Proceedings, and the Cauti­on used by Me in passing those Letters Patents, now in question before you, to the effect, that they might not be abused in the execution. And this I did by way of Declaration. But now I am come (understanding the time of your cen­sure at hand) to express My readiness to put in execution (which is the Life of the Law) those things which yeare to sentence; (for even the Law it self is a dead Letter without execution) for which Office, God hath appointed Me in these Kingdoms. And though I assure My self, that My former Behaviour, in all the course of My Life, hath made Me well known for a Just King; yet in these special cases I thought fit to express My own intentions out of My own Mouth, for punishment of things complained of: The first proof whereof I have given by the diligent search I caused to be made after the person of Sir Giles Mompesson; who, though he were fled, yet My Proclamation pursued him instantly; and as I was earnest in that, so will I be to see your Sentence against him put in execu­tion.’

[Page 51] ‘Two Reasons move Me to be earnest in the execution of what ye are to sentence at this time.’

‘First, That duty I owe to God, who hath made Mea King, and tied Me to the care of Go­vernment by that politick Marriage betwixt Me and My people: For I do assure you, in the heart of an honest Man, and by the Faith of a Christian King (which both ye and all the world know Me to be) had these things been complain­ed of to Me before the Parliament, I would have done the Office of a just King, and out of Parliament have punished them as severely, and peradventure more, than ye now intend to do. But now that they are discovered to Me in Par­liament, I shall be as ready in this way, as I should have been in the other; for I confess I am ashamed (these things proving so as they are generally reported to be) that it was not My good fortune to be the only Author of the Re­formation and Punishment of them by some ordinary Courts of Justice. Nevertheless, since these things are new discovered by Parliament, which before I knew not of, nor could so well have discovered otherwise, in regard of that Representative Body of the Kingdom, which comes from all parts of the Countrey, I will never be a whit the slower to do my part for the execution: For, (as many of you as here, have heard me often say, and so I will still say) so precious unto me is the publick Good, that no private person whatsoever (were he never so dear unto Me) shall be respected by Me, by many degrees, as the publick Good; not only of the whole Common-wealth, but even of a particular Corporation that is a Member of it. And, I hope, that ye, my Lords, will do me the Right, to publish to my People this my heart and purpose.’

‘The second Reason is, That I intend not to derogate or infringe any of the Liberties or Privileges of this House, but rather to fortifie and strengthen them: For never any King hath done so much for the Nobility of England as I have done, and will ever be ready to do. And whatsoever I shall say, and deliver unto you as my thought; yet when I have said what I think, I will afterwards freely leave the Judg­ment wholly to your House. I know you will do nothing but what the like hath been done be­fore: And I pray you be not jealous, that I will abridge you of any thing that hath been used; for whatsoever the Precedents (in times of good Government) can warrant, I will al­low; for I acknowledge this to be the Supream Court of Justice, wherein I am ever present by Representation. And in this ye may be the better satisfied by my own presence, coming divers times among you. Neither can I give you any great assurance, or better pledge of this my purpose, than that I have done you the honour to set my only Son among you, and hope that ye, with him, shall have the means to make this the happiest Parliament that ever was in England.’

‘This I profess, and take comfort in, That the House of Commons at this time, have shewed greater Love, and used me with more Respect in all their proceedings, than ever any House of Commons have hitherto done to me, or I think, to any of my Predecessors. As for this House of yours, I have always found it respective to me, and accordingly do I, and ever did, favour you, as you well deserved. And I hope it will be accounted a happiness for you, that my Son doth now sit among you, who, when it shall please God to set him in my Place, will then remem­ber, that he was once a Member of your House, and so be bound to maintain all your lawful priviledges, and like the better of you all the days of his Life. But because the World, at this time, talks so much of Bribes, I have just cause to fear, the whole Body of this House hath bribed him to be a good Instru­ment for you upon all occasions: He doth so good Offices in all his Reports to me, both for the House in general, and every one of you in particular. And the like I may say of one that sits there, Buckingham; he hath been so ready upon all occasions of good Offices, both for the House in general, and ever Member in par­ticular. One proof thereof, I hope, my Lord of Arundel hath already witnessed unto you, in his Report made unto you of my Answer, touch­ing the Privileges of the Nobility, how ear­nestly he spake unto me of that Matter.’

‘Now, my Lords, the time draws near of your Recess; whether Formality will leave you time for proceeding now to Sentence against all, or any of the persons now in question, I know not; but, for my part, since both Houses have dealt so lovingly and freely with me, in giving me a free Gift, two Subsidies, in a more lo­ving manner than hath been given to any King before, and so accepted by me: And since I cannot yet retribute by a General Pardon (which hath by form been usually reserved to the End of a Parliament) the least I can do (which I can forbear no longer) is to do something in pre­sent, for the Ease and Good of my People. Three Patents at this time have been com­plained of, and thought great Grievances.’

1. That of Inns and Hosteries.

2. That of Ale-Houses.

3. Of Gold and Silver-Thread.

‘My purpose is to strike them all dead; and that Time may not be lost, I will have it done presently. That concerning Ale-houses, I would have to be left to the managing of Ju­stices of the Peace, as before. That of Gold and Silver-Thread, was most vilely executed, both for wrong done to mens persons, as also for abuse in the Stuff; for it was a kind of false Coin. I have already freed the persons that were in Prison; I will now also damn the Pa­tent, and this may seem instead of a Pardon. All these three I will have recalled by Procla­mation, and wish you to advise of the sittest Form to that purpose.’

‘I hear also there is another Bill amongst you, against Informers. I desire you, my Lords, that as you tender my Honour, and the Good of my People, ye will put that Bill to an end, as soon as you can; and at your next Meeting, to make it one of your first Works. For I have already shewed my dislike of that kind of people open­ly in Star-Chamber; and it will be the greatest ease to me, and all those that are near about me at Court, that may be: For, I remember, that since the beginning of this Parliament, Bucking­ham hath told me, he never found such Quiet and Rest, as in this time of Parliament, from Projectors and Informers, who at other times miserably vexed him at all hours.’

‘And now I confess, that when I looked before upon the face of the Government, I thought (as every man would would have done) that the [Page 52] people were never so happy as in my time: For even as at divers times I have looked upon ma­ny of my Copices, riding about them, and they appeared on the outside very thick and well­grown, unto me; but when I turned into the midst of them, I found them all bitten within, and full of plains and bare spots; like the Ap­ple or Pear, fair and smooth without, but when ye cleave it asunder, you find it rotten at heart. Even so this Kingdom, the External Government being as good as ever it was, and I am sure, as learned Judges as ever it had, and, I hope, as honest, administring Justice within it; and for Peace both at home and abroad, I may tru­ly say, more setled and longer lasting, than ever any before; together with as great plenty as ever: So as it was to be thought, that every man might sit in safety under his own Vine and Fig-tree: yet I am ashamed (and it makes my Hair stand upright) to consider, how in this time my people have been vexed and polled by the vile execution of Projects, Patents, Bills of Conformity, and such like; which, besides the trouble of my People, have more exhausted their Purses, than Subsidies would have done.’

‘Now, My Lords, before I go hence, since God hath made me the Great Judge of this Land under him, and that I must answer for the Justice of the same; I will therefore, ac­cording to my Place, remember you of some things, though I would not teach you; for no mans Knowledge can be so good, but their Me­mories will be the better to be refreshed. And now because you are coming to give Judgment, (all which moves from the King) that you may the better proceed, take into your care two things. 1. To do Bonum. 2. To do it Bene.’

‘I call it Bonum, when all is well proved where­upon ye Judge; for then ye build upon a sure Foundation. And by Bene, I understand, that ye proceed with all Formality and Legality, where­in you have fit occasion to advise with the Judges, who are to assist you with their Opini­ons in Cases of that nature; and Wo be to them if they advise you not well. So the ground being good, and the form orderly, it will prove a course fitting this High Court of Parliament.’

‘In Sentence ye are to observe two parts: First, to recollect that which is worthy of Judging and censuring: And secondly, to proceed against these, as against such-like Crimes pro­perly. We doubt there will be many matters before you; some complained of out of Passi­on, and some out of just cause of Grievance: Weigh both, but be not carried away with the impertinent discourses of them that name, as well in ocent men as guilty. Proceed judicial­ly, and spare none where ye find just cause to punish: But let your proceedings be according to Law; and remember that Laws have not their Eyes in their Necks, but in their Foreheads; for the Moral Reason for the punishment of Vices in all Kingdoms and Common-wealths, is, be­cause of the breach of Laws standing in force: for none can be punished for breach of Laws by Predestination, before they be made.’

‘There is yet one particular that I am to re­member you of.’ ‘I hear [...]hat Sir Henry Yelverton (who is now in the Tower, upon a Sentence gi­ven in the Star-Chamber against him, for decei­ving my Trust) is touched concerning a War­ran [...] Dormant which he made, while he was my Attorney. I protest I never heard of this War­rant Dormant before; and I hold it as odious a matter as any is before you. And, if for re­spect to me, ye have for born to meddle with him in Examination, because he is my Prisoner, I do here freely remit him unto you, and put him into your hands.’

‘And this is all I have to say unto you at this time, wishing you to proceed justly and nobly, according to the Orders of your House; and I pray God to bless you; and you may assure your selves of My Assistance. Wishing, that what I have said this day among you, may be entred into the Records of this House.’

• 1. THat he shall be Degraded of the Order of
  Sentence given a▪ Sir Giles Mompesson
  Knighthood, with reservation of the Dignity of his Wife and Children.
• 2. That he shall stand perpetually in the degree of his Person, Outlawed for Misdmeanor and Tres­pass.
• 3. That his Testimony be received in no Court, nor he to be of any Inquisition or Jury.
• 4. That he shall be excepted out of all General Pardons to be hereafter granted.
• 5. That he shall be imprisoned during Life.
• 6. That he shall not approach within twelve Miles of the Court, or Prince, nor of the Kings High Court usually held at Westminster.
• 7. That the King's Majesty shall have the profit of his Lands for Life, and all his Goods and Chat­tels so forfeited; and that he shall undergo Fine and Ransom; which was set at Ten thousand pounds.
• 8. Disabled to hold or receive any Office under the King, or for the Common-wealth.
• 9. That he shall be ever held an infamous per­son.
• 10. And his Majesty added thereunto, Perpetual Banishment.

Sir Francis Michel, a Projector, and Mompes­son's And Sir Francis Michel his Compart­ner in projects. Compartner, was Fined One thousand Pounds, Degraded, and imprisoned in the same place in Finsbury-Fields, which he had prepa­red for others; for the Tower was thought too honourable for such a person. He rode like­wise from Westminster into London with his Face to the Horse-tail. Likewise the King re­voked his Letters-Patents, Commissions, and Proclamations concerning Inns and Ale-houses, and the Manufactures of Gold and Silver-Thread.

To these Reformations the King gave En­couragements by his third Speech in Parlia­ment, wherein he declared much against Corruption and Bribery in [...]udicatures; pro­fessing, That [...]o person should be preferred before the publick Good, and that no Offen­der should go unpunished. In the same Speech he gave them thanks for the Subsidies given in the beginning of the Parliament, and for the Title of the Grant, and proceeded to open his present State in relation to his Son-in-Law, the Prince Elector Palatine; how the Sums granted by the Acts of Subsidy were taken up before-hand for the Defence of the Palatinate, and the Maintenance of his Chil­dren [Page 53] ex [...]ed out of their Coun [...]ey, and for the raising of a Army for their Recovery: That he hath procured a short Truce, and did hope to obtain a General Peace. But the Charges of sending Ambassadors over Christen­dom, or an Army into the Palatinate, in case a Peace were not setled, could not be born, but by the grant of more Subsidies. Moreover, he protested before God, that he would not dissolve the Parliament, till the Matters in agi­tation were finished.

Soon after the Lord Chancellor Bacon was Lord Chancel­lor Bacon accused & convicted of Bribery proceeded against, and a Conference of both Houses was held concerning him: Where, first the Commons observed his incomparable good parts, which they highly commended. Second­ly, They magnified the place he held, from whence Bounty, Justice and Mercy were to be distributed to the Subjects; whither all great Causes were drawn, and from whence there was no Appeal in case of Injustice, or wrong done, save to the Parliament. Thirdly, He was accused of great Bribery and Corruption in this eminent Place, and the Particulars were laid open. Then they concluded, that this Matter which concerned a Person of so great Eminen­cie, might not depend long before their Lord­ships; but that the examination of Proofs be expedited, that as he should be found upon Trial, either he or his Accusers might be pu­nished.

After this, the Marquis of Buckingham, Lord Admiral, declared to the House of Lords, that he had received a Letter from the Chancellor, expressing, that he was indisposed in health; but whether he lived or died, he would be glad to preserve his Honour and Fame as far as he was worthy; desiring to be maintained in their good Opinions without prejudice till his Cause was heard; that he should not trick up Inno­cency with cavillation, but plainly and ingenu­ously declare what he knew he remembred; be­ing happy, that he had such Noble Peers, and Reverend Prelates to discern of his Cause; That he desired no priviledge of Greatness for subterfuge of Guiltiness, but meant to deal fairly and plainly with their Lordships, and to put himself upon their Honours and Favours.

But the Charge came home upon him, inso­much that he abandoned all defence, and only implored a favourable Judgment in this humble Submission and Supplication to the House of Lords.

May it please your Lordships,

I Shall humbl [...] crave at your hands a benign inter­pretation of that which I shall now write; for words that come from wasted Spirits, and oppressed minds, are more safe in being deposited to a noble construction, than being circled with any reserved Caution,

This being moved (and, as I hope, obtained of your Lordships) as a Protection to all that I shall say, I shall go on; but with a very strange entrance, as may seem to your Lordships, at first: For, in the midst of a state of as great affliction as, I think, a mortal man can endure (Honour being above Life) I shall begin with the professing of gladness in some things.

The first is, That hereafter the greatness of a Judge or Magistrate shall be no Sanctuary or Pro­tection to him against guiltiness, which is the begin­ning of a Golden Work.

The next, That after this example, it is like that Judges will f [...]y from any thing in the likeness of Corruption (though it were at a great distance) as from a Serpent; which tends to the purging of the Courts of Justice, and reducing them to their ho­nour and splendor. And i [...] these two points (God is my witness) though it be my Fert [...]e to be the Anvil upon which these two effects are broken and wrought, I take no small comf [...]rt. But to pass from the mottons of my heart (whereof God is my Judge) to the merits of my Cause, whereof your Lordships are Judges, under God and his Lieutenam; I do understand there hath been heretofore expected from me some Justification; and therefore I have chosen one only Justification, instead of all others, out of the Justification of Job. For after the clear sub­mission and confession which I shall now make unto your Lordships, I hope I may say, and justifie with Job, in these Words, I have not hid my sin, as did A­dam, nor concealed my faults in my bosom. This is the only Justification which I will use.

It resteth therefore, that without Fig-leaves I do ingenuously confess and acknowledge, that having un­derstood the Particulars of the Charge, not formally from the House, but enough to inform my Conscience and Memory: I find Matter sufficient and full, both to move me to desert my Defence, and to move your Lordships to condemn and censure me. Neither will I trouble your Lordships by singling these Particu­lars which I think [...]ight fall off. Quid te exempta juvat spinis de pluribus uva? Neither will I prompt your Lordships to observe upon the Proofs where they come not home, or the Scruple touching the Credits of the Witnesses. Neither will I represent to your Lord­ships, how far a Defence might, in divers things, ex­tenuate the Offence, inrespect of the Time and Man­ner of the Guilt, or the like Circumstances; but only leave these things to spring out of your more Noble thoughts and observations of the Evidence and Exa­minations themselves, and charitably to wind about the Particulars of the Charge, here and there, as God shall put into your mind, and so submit my self wholly to your Prety and Grace.

And now I have spoken to your Lordships as Judges, I shall say a few words unto you as Peers and Pre­lates, humbly commending my Cause to your Noble Minds, and Magnanimous Affections.

Your Lordships are not simply Judges, but Parlia­mentary Judges; you have a further extent of Ar­bitrary Power than other Courts; and if you be not tied by ordinary course of Courts or Precedents, in points of Strictness and Severity, much less in points of Mercy and Mitigation: And yet if any thing which I shall move, might be contrary to your honou­rable and worthy End (the introducing a Reformati­on,) I should not seek it, But herein I beseech your Lordships to give me leave to tell you a Story.

Titus Manlius took away his Sons life, for giving Battel against the prohibition of his General: Not many years after, the like severity was pursued by Papirius Cursor, the Dictator, against Quint. Maxi­mus; who being upon the point to be Sentenced, was by the intercession of some particular persons of the Senate, spared; whereupon Livy maketh this grave and gracious Observation, Neque minus firmata est Disciplina Militaris periculo Quinti Maximt, quam miserabili supplicio Titi Manlii. The Discipline of War was no less established by the questioning of Quintus Maximus, than by the pu­nishment of Titus Manlius. And the same Rea­son is in the reformation of Justice; for the question­ing of Men in eminent Places, hath the same terror, though not the same rigour with the Punishment. [Page 54] But my Cause stays not there; for my humble desire is, That his Majesty would take the Seal into his Hands; which is a great downfal, and may serve, I hope, in it self, for an expiation of my faults.

Therefore, if Mercy and Mitigation be in your Lordships power, and no way cross your ends, Why should I not hope of your favour and commiseration? Your Lordships will be pleased to behold your chief pattern, the King our Sovereign, a King of incompa­rable Clemency, and whose Heart is instructable for Wisdom and Goodness; And your Lordships will re­member there sate not these Hundred years before, a Prince in your House, and never such a Prince, whose presence deserveth to be made memorable by Records, and Acts mixt of Mercy and Justice. Your selves are either Nobles, (and compassion ever beateth in the Veins of Noble Blood) or Reverend Prelates, who are the Servants of him that would not break the bruised Reed, or quench the smoaking Flax. You all fit upon a high Stage, and therefore cannot but be sensible of the change of humane conditions, and of the fall of any from high place.

Neither will your Lordships forget, that there are Vitia temporis, as well as Vitia hominis; and the beginning of Reformation hath the contrary power to the Pool of Bethesda; for, that had strength to cure him only that was first cast in, and this hath strength to hurt him only that is first cast in; and for my part, I wish it may stay there, and go no further.

Lastly, I assure my self, your Lordships have a No­ble feeling of me, as a Member of your own Body, and one that in this very Session had some taste of your loving affections, which, I hope, was not a lightning before the death of them, but rather a spark of that grace, which now in the conclusion will more appear: And therefore my humble suit to your Lordships, is, That my penitent Submission may be my Sentence, the loss of my Seal my Punishment, and that your Lord­ships would recommend me to his Majesties Grace and Pardon for all that is past. God's holy Spirit be among you.

The Parliament not satisfied with this general Acknowledgment, do require the Chancellor, either to confess the particulars of the Charge, or they would descend to proof against him. Here­upon he came to an express and plain acknow­ledgment, even to confess his Servants receipt of a dozen of Buttons, as a gift, in a Cause depen­ding before him; and put himself upon their Lordships mercy. And he further said, That he was never noted for an avaritious Man; and the Apostle saith, Covetousness is the root of all evil; and hoped their Lordships did find him in a state of Grace, for that in all particular Charges against him, there were few or none that were not almost two years old: whereas those that have the habit of Corruption, do commonly wax worse [...]d worse; and for his Estate, it was so mean and poor, that his care was now chiefly to satisfie his Debts. The Lords afterwards pronoun­ced him guilty of the Charge exhibited against him, and in the presence of the Commons gave sentence, That he should undergo Fine and Ran­som, and be made incapable to bear Office, &c.

Sir Henry Yelverton was Charged by the Com­mons, Sir Henry accused by the Com­mons. for committing divers persons for not en­tring into Bonds to restrain their own Trades: That he signed Dormant Warrants, having no authority for the same: That he advised the Pa­tents of Gold a [...]d [...]ilver Thread, to be re-assu­med into the King's Hand, conceiving the same to be a Mono [...]oly, and advised the Patentees to proceed by contract with the King: That Four thousand Quo Warranto's were granted by him touching the Patents of Inns, and but two to come to Trial: That he commenced divers Suits in the Exchequer, touching the Gold and Silver Thread, but did not prosecute the same.

Which Charge being read unto him, he said, He thought himself happy in the midst of his Majesties disfavour, that his Majesty was plea­sed to cast the Grace upon him, as to send him to this Honourable House; That Innocence hath her present Answer, but Wisdom requires time. Therefore he made it his humble suit for time, to give his further Answer; adding withal, That the chief Complaint against him was, concerning the two Patents of Gold and Silver Thread, Inns and Osteries. He said, That if he deserved well of his Majesty, it was in that matter; That the King and Subjects were more abused by that Pa­tent, than by any other; and that he suffered at that day for opposing that Patent, as he took it.

The King being informed of this passage in his Speech, came in person to the House of Peers, took notice thereof, saying, It seemed strange unto him, that Sir Henry Yelverton should be questioned here upon any thing, save the Patent of Gold and Silver Thread, for his Majesty did not conceive, that any matter was com [...]lained of against him touching the Inns and Osteries, whereof he was also examined: touching which Patent, Mompesson had made a complaint to his Majesty, that Yelverton refused to send any Pro­cess of Quo Warranto against a multitude of Inn­keepers; and his Majesty accepted Yelverton's modest answer, That he misliked those procee­dings againsts his Subjects. His Majesty, to clear himself, did lay open the many former just mis­likes which he had against Sir Henry, and his gen­tle proceedings against him for the same. And when His Majesty intended to question him, Buck­ingham Lord Admiral besought him not to think of any private wrongs done to his Lordship; His Majesty added, That in the examination of the business touching the Charter of London, Yel­verton had first justified himself by his Majesty's Warrant; and that by that Warrant, he might have given away all London from him; yet at length he made a good Submission in the begin­ning, but in the end he said, he had not wronged His Majesty in his Prerogative. And sith that now Yelverton doth tax His Majesty, that he suffered for his good service done, His Majesty requires the Lords, who are able to do him justice, to pun­ish Yelverton for his slander.

Sir Henry Yelverton coming shortly after before the Lords [gave his particular Answer to each particular Charge, in serie temporis, and] spake as followeth.

I Cannot but present my self this day before your Highness, and my Lords with much fear, with more grief; for I am compassed with so many terrors from His Majesty, as I might well hide my Head with Adam. His Lordship's displeasure (meaning Buckingham) wounds me more, than the Conscience of any of these facts; yet had I rather die, than the Commonweal should so much as receive a scratch from me. I that in none of my actions feared that great Man, on whom they (viz. Sir Edward Villers and Sir Giles Mompesson) did depend, much l [...]ss would I fear th [...]m, who were but his shadow. But, my most noble Lords, knowing that my Lord of Buckingham was ever at His Majesty's Hand, ready upon every occasion to hew me down, out of the honest fear of a Servant, not to offend so gracious a Master, as His [Page 55] Majesty hath ever been to me, I did commit them (viz. the Silk-men.)

And speaking concerning the Patent of Inns, he said, I cannot herein but bemoan my unhappiness, that in the last cause, labouring by all lawful means to advance the honest profit of His Majesty; and in this (with the sight almost of my own ruine) to preserve His Majesty's honour, and the quiet of the People, I am yet drawn in question, as if I had equally dis­honoured His Majesty in both.

When Sir Giles saw I would not be wooed to offend His Majesty in his direction, I received a Message by Mr. Emmerson, sent me from Sir Giles, That I would run my self upon the Rocks, and that I should not hold my place long, if I did thus withstand the Patent of Inns, or to this effect. Soon after came Sir Giles himself, and like an Herauld at Arms, told me to this effect, He had a message to tell me from the Lord of Buckingham, that I should not hold my Place a Month, if I did not conform my self in bet­ter measure to the Patent of Inns; for my Lord had obtained it by his Favour, and would maintain it by his Power: How could I but startle at this message? For I saw, here was a great assuming of Power to him­self, to place and displace an Officer. I saw my self cast upon two main Rocks, either treacherously to for­sake the standing his Majesty had set me in, or else to endanger my self by a by-blow, and so hazard my Fortune.

I humbly beseech your Lordships: Nature will struggle when she sees her place and means of living thus assaulted; for now it was come to this, Whether I would obey His Majesty, or my Lord, if Sir Giles spake true. Yet I resolved in this, to be as stubborn as Mordecai, not to stoop or pass those gracious bounds His Majesty had prescribed me.

Soon after, I found the message in part made good; for all the Profits almost of my Place were diverted from me, and turned into an unusual Channel, to one of my Lord's Worthies, that I retained little more than the name of Attorney. It became so fatal and so penal, that it became almost the loss of a Suit to come to me. My place was but the seat of Winds and Tem­pests.

Howbeit, I dare say, if my Lord of Bucking­ham had but read the Articles exhibited in this place against Hugh Spencer, and had known the danger of placing and displacing Officers about a King, he would not have pursued me with such bitterness. But by opposing my Lord in this Patent of Inns, in the Pa­tent of Ale-houses, in the Irish Customs; and in Sir Robert Nanton's Deputation of his place in the Court of Wards: These have been my overthrow, and for these I suffer at this day in my Estate and For­tune (not meaning to say, I take it, but as I know, and for my humble oppositions to his Lordship) above Twenty thousand pounds.

The King was offended at Yelverton's Speech, for that he reflected upon the King himself, and that he had accused the Duke of Buckingham; whereupon the Lords, upon the King's conde­scention, took the matter against Sir Henry in­to their Debate, and Fined him Ten thousand Marks for the Words spoken against His Majesty, and enjoyned him submission to the King; and for those spoken against the Duke Five thousand Marks, the like submission to the Duke also: The Duke pardons the Fine to him given, and Sir Henry thanks his Lordship. And the House of Peers agreed to move His Majesty to mitigate Sir Henry's Fine, which was done, and he set at Liberty; and the Duke was reconciled to him, and he was afterwards made a Judge, for that he was a person very knowing in the Com­mon Law.

The Treaties with the Emperor and King [...]f Spaine are now openly spoken against, and the People, by some ill minded-men, enraged against Count Gondomar, who set upon him against the Law of Nations, openly in the Streets of Lon­don, reviling him and calling him De [...]il, &c. for which one Person suffered (the King, as he had reason in honour, being extremely offended at this their excess) and was Whipped publickly from Algate to Temple-bar. Sir Robert Mansel was sent into the Mediterranean, against the Pi­rats of Algiers, and performed gallantly, Firing the Pirats Ships in their own Harbour; though an unworthy reflection is cast upon this Action by the Collector, p. 34. First Part.

That hereby our Strength was diverted, our Treasure exhausted, and the Spanish Fleet and Merchants secured from those Robbers, and Spain left at liberty to assist in subduing the Palatinate▪

In Germany, the Emperor Ferdina [...]d had well nigh subdued all the revolted Countries, and Tryes and Condemns the Authors of the late Commotions, some to perpetual Imprisonment, others to Death, and fixes the Heads of some upon the chief Towers in Prague. All these pro­ceedings are declared against by the Marquess of Jagerndorfe, as Barbarous and Cruel, whilest the Emperor justifies his Proceedings as necessary and lawful, against those who moved Sedition, and not in the cause of Religion.

The King, by the Treasurer, signifies his plea­sure to adjourn the Parliament, during the heats of Summer, for fear of Infection, signifying to the Houses that he had already reformed the Courts of Justice, call'd in the Patents for Gold and Silver Thread, Inns and Osteries, and that he would encourage the Bill against Monopolies. This Adjournment is taken ill by the Commons, and with the Lords intend a Petition, which the King resents, and tells them, That a Petition of this nature could not be pleasing to his Majesty, it seeming to derogate from his Prerogative, who alone hath Power to Call, Adjourn, and Determine Par­liaments. The Commons at a further Conference, declared their hearty sorrow and passionate grief at the King's resolution, which, they said, cut off the per­formance of what they had consulted, and promised for the publick weal.

The Lords sitting in their Robes, the King came and made a Speech, takes notice of his Mes­sage to both Houses, and gave their Lordships thanks for obeying the same, and acknowledging his power to Call, Adjourn, and Dissolve Parlia­ments, and for refusing to joyn with the Com­mons in the Petition for Non-adjournment. And whereas some had given out, that no good had been done this Parliament, he put them in mind, that the two Patents, grievous to the Common­wealth, were called in, and that the Parliament had censured the offenders for an example to all ages. And, if they desired it, he offered them eight or ten days longer Sitting, to expedite Bills; but said, that at the request of the Com­mons he would not grant it. The Lords had a Conference with the Commons; after which, they moved the King to continue their Sitting for fourteen days; which was granted, and the Commons were satisfied with the resolution of Adjournment.

A Committee of both Houses afterwards at­tending The King resents it the King, he told them how ill he took it, that the Commons should dispute his reasons [Page 56] of Adjournment; all power being in him alone to Call, Adjourn Prorogue, and Dissolve Parlia­ments. And on June 4. he declared for an Ad­journment till November following; and that he will in the mean time, of his own Authority, re­dress Grievances. And his Majesty, as General Bishop of the Land, did offer his prayers to God for both the Houses; and admonished them, That when they go into the Country, they give his people a good account and satisfaction, both as to the Proceedings, and to the Adjournment of the Parliament.

The House of Commons, immediately before their recess, taking to Heart the miseries of the Palatinate, resolved, that the drawing back in so good a Cause, should not be charged on their flackness; and thereupon drew up this following Declaration, with an universal consent.

THE Commons assembled in Parlia­ment The Com­mons De­claration touching the Pala­tinate. taking into most serious conside­ration the present state of the King's Chil­dren abroad, and the generally afflicted estate of the true Professors of the same Christian Religion, professed by the Church of England, in Forreign parts; and being touched with a true sense and fellow féeling of their distresses, as Members of the same Body, do, with nuanimous consent, in the name of themselves, and the whole Body of the Kingdom (whom they represent) declare unto His most excellent Majesty, and to the whole Word, their hearty grief and sorrow for the same; and do not only joyn with them in their humble and de­vout prayers unto Almighty God, to pro­tect his true Church, and to avert the dan­gers now threatned, but also with one heart and voice do solemnly protest, That if His Majesties pious endeavours by Treaty, to procure their peace and safety, shall not take that good effect which is de­sired in Treaty; (wherefore they humbly beséech His Majesty not to suffer any longer delay) That then upon signification of His Majesties pleasure in Parliament, they shall be ready, to the utmost of their pow­ers, both with their Lives and Fortunes, to assist him so, as by the Divine help of Almighty God, (which is never wanting unto those, who, in his fear, shall under­take the defence of his own Cause) he may be able to do that with his Sword, which by a peaceable course shall not be effected.

After the recess of Parliament, the King, by The King, by Pr [...]cla­mation re­forms the [...]te grie­vances [...] in Parlia­ment. Pr [...]clamation, Declared his Grace to his Subjects in matters of publick Grievance: And taking notice, that many great af­fairs, debated in Parliament, could not be brought to perfection in so short a time, and that the Commons thought it conve­ment to continue the same Session in course of Adjournment; and withall ob­serving, that divers of those particulars required a speedy determination and set­tlement for his Peoples good, and that they are of that condition and quality, as that he néedeth not the assistance of Par­liament to reform the same, and would have reformed them before the Parliament, if the true state of his Subjects Grievan­ces had béen made known unto him, He hath determined, and doth declare an im­mediate redress therein, by his own Regai Authority, as in the business of Informers, of Miscarriages of Ministers in Chance­ry, of the Patents for Gold and Silver-Thread, for Licensing Pedsars and Pet­ty Chapmen, for the sole Dressing of Arms, for the Exportation of Lists and Shreds, and for the sole making of Tobacco-pipes, Cards, and the like. And besides the re­dress of these Grievances, he will enlarge his Grace unto other kinds for the Sub­jects ease: And that both his own, and ears of his Privy-Council shall be open to his Peoples modest and just Com­plaints.

Moreover, a second Proclamation was issued forth against excess of licentious Puts forth another Procla­mation against talking of State-af­fairs. spéech touching State-affairs: For, not­withstanding the strictness of the King's former Command, the Peoples mordinate liberty of unreverend spéech increased dai­ly. Wherefore the King threatned severi­ty, as well against the Concealers of such Discourses, as against the boldness of au­dacious Tongues and Pens.

In July following, Dr. John Williams Dean of Westminster, was sworn Lord Keeper of the great Seal of England, and the King being sollicited from Spain and Rome to take of the penal Laws, execution from the Papists; declared openly in Parliament, That if that party should grow inso­lent, his people might justly count him unworthy to Reign, if he gave them not extraordinary punish­ment, &c.

And yet for all this the Collector hath that un­handsom reflection upon the King, that therein he was intangled in the ways he had chosen; unhand­somly Page 37. reflecting on the King's proceedings in the Spanish Match according to his usual method.

About the same time the Lord Digby was sent The chief heads of the Lord Digby's Embassie to the Em­peror. Embassador to the Emperor and Duke of Bavaria. The Heads of whose Embassie were these, That the Elector Palatine, and the Children of the King of Great Britain his Master, might be received in­to the Emperor's favour, and restored to all their Hereditary Goods, and the Prince Elector himself to the Title which he enjoyed before the troubles of Bo­hemia: That the Ban Imperial published against him, should be revoked, and the execution thereof suspen­ded; which being done, the King of Great Britain will undertake, that the Palatine shall render due obe­dience to his Imperial Majesty, and submit to Condi­tions meet and honest.

To these Demands he received Answer, That The Em­peror's Reply to those De­mands. the Emperor had a very good will to gratifie the King of Great Britain, and those other Kings and Princes that had made the same request for the Palatine: But he could not grant it, because the Palatine to this hour useth the Counsels of many of the Electors and Princes, in opposition to the Emperor: And when the Emperor had agreed to a Cessation of Arms, accor­ding to the desires of the King of Great Britain, and had ordered the suspending all Hostility in the Lower Palatinate, at the same time the Palatine gave Commission to raise Forces, and do acts of Hosti­lity, which was put in execution by Count Mansfield and Marquis Jagerndorf, to begin new trou [...]les in Bohemia, Silesia, and Moravia. Nevertheless the Emperor, having appointed an Assembly to meet at Ratisbone, will there make known the desires of the King of Great Britain, who shall know what Re­solution [Page 57] is there taken concerning the Palatine.

Albert Archduke of Flanders, at the request of King James, had made intercession for the Palsgrave. After his decease, the Archdutchess his Wife continued the same mediation by Let­ters to the Emperor. And withal, the King's The Lord Digby's se­cond Pro­posal to the Em­peror. Ambassador further proposed these Conditions for a Cessation of Arms, and a Suspension of the Ban Imperial; That Mansfeld and Jagerndorf shall observe the Agreement; otherwise, the Prince Palatine shall revoke their Commissions, and declare them his Enemies. And that their Garrisons in Bohemia shall be rendred to the Emperor.

The Emperor answered the Archdutchess, That the Archduke her Husband, in his life-time, The Em­peror's Answer. had exceedingly recommended the Interposition of the King of Great Britain, and the great pru­dence of that King in not approving the acti­ons of the Palatine: Which Recommendation, as to a Treaty and Cessation of Arms, he shall entertain, and consult thereupon with the De­puties of the Electors and Princes of the Em­pire.

The English Ambassador departed from Vien­na to the Duke of Bavaria, who had then en­tred The En­glish Am­bassador goes to the Duke of Bavaria. the Ʋpper Palatinate, and had published the Emperor's Declaration against Mansfeld and his Adherents, and exhorted the States and Prin­ces there to execute the same; and the rather, for that he had not heard of any King, Elector, Prince, or State; no, not so much as the King of Great Britain, that had approved the sediti­ous Revolt of the Bohemains, except some few States and Princes, who for interest did counte­nance the same. The Ambassador found the Ba­varian acting hostility, and committing great spoils in the Countrey, and resolving to reject all propositions of Peace or Cessation. Nor could the Emperor agree upon any Truce with­out the Duke of Bavaria: First, In respect of his Agreement, neither to make War or Peace, without the consent of the said Duke; which hapned, because upon the former Truce made with the Archduke, the Souldiers that were in the Lower Palatinate, and wanted employment, came up into the Higher Palatinate to Count Mansfeld, and much infested the Duke of Bava­ria. Secondly, In regard the Duke of Bavaria had a great part of Austria in pledge for his sa­tisfaction. Thirdly, Because the Emperor was barred from all other passages, but through Ba­varia, by Bethlem Gabor, Jagerndorf, and Budi­ani. And the Duke, upon receipt of the Empe­rors Letter touching the Truce, sent the Lord Digby a deriding answer, That there was no need to labour for a Truce, for the Wars were at an end, in that he had agreed with Count Mansfeld; nor did he doubt of keeping both Palatinates in peace, till the Emperor and Palsgrave were agreed. So the King received but a slender return of the Lord Digby's Embassie to the Emperor, for the restoring the Elector Palatine.

But the Emperors full meaning in this business may be found at large in his own Letter to Don Baltazar de Zuniga, a prime Counseller of State in Spain, to be by him represented to the King his Master, to this effect.

‘THat beholding the admirable Providence of The Em­peror's Letter to Don Balta­zar de Zu­niga. God over him, he is bound to use that most notable Victory to the honour of God, and the extirpation of all Seditions and Factions, which are nourished chiefly among the Calvinists; lest that judgment which the Prophet threatned the King of Israel should fall upon him, Because thou hast dismissed a man worthy of death, thy Soul shall be for his Soul. The Palatine keeps now in Holland, not only exiled from the Kingdom which he rashly attempted, but dispoiled almost of all his own Territories, expecting, as it were, the last cast of Fortune: whom if by an impious kind of commiseration, and his subtle petitioning, he shall be perswaded to restore, and nourish in his bosom as a troden half-living Snake, what can he expect less than a deadly sting from him, who, in regard of his guilt, can never be faithful, but will alway gape for oc­casions to free himself from his fears, and the Genius of whose Sect will make him an Ene­my, or an unsound Friend, to the House of Austria, and all other Catholick Princes?’

‘Wherefore firmly casting in his mind, that the Palatine cannot be restored, he hath freely offered the Electorate to the Duke of Bavaria, a most eager Defender of the Catholick Cause; by which means the Empire will always remain in the Hand of Catholicks, and so by consequence in the House of Austria. And in so doing, he shall take away all hope from the Palatine, and those that sollicite so importunately for his re­stitution. And it is to be hoped, that the Lu­theran Princes, especially the Duke of Saxony, will not so far disallow this translation, as to take up Arms, seeing Gharles the Fifth, upon a far lighter cause, deprived John Frederick Duke of Saxony of the Electorate, and conferred it on Maurice, this Dukes Great Uncle. Besides, no less is the Lutherans hatred of the Calvinists, than of the Catholicks.’

Such were the effects which the King's trea­ting had wrought with the Emperor.

The Parliament that was to meet November the Fourteenth, the King, by Proclamation, ad­journed to the Eighth of February, and expres­sed the cause to be the unseasonableness of the time of the year. But this long Recess was short­ned, and the King declared, That upon impor­tant Reasons, he had altered his former Resolu­tions, and did adjourn it for no longer time, than from the Fourteenth to the Twentieth of this instant November.

Upon which day it re-assembled, and the King The P [...] ­liament begins a­gain, Nov. [...]0. being absent, by reason of his indisposition in health, commanded a Message to be delivered to both Houses, by the Lord Keeper, the Lord Dig­by, and the Lord Treasurer.

In the first place he acquainted the Two Houses The sub­stance of the Lord Keeper's Speech. with his Majesty's indisposition of health, which was the occasion of his absence at the opening of the Parliament; yet he could not say he was absent, so long as he was represented by a Son, who was as dear to the Kingdom as to his Ma­jesty. As to the occasion of calling the Parlia­ment, by way of Antecedent, he took notice of several effects of his Majesties gracious care over the Nation, since the last Recess of the Parlia­ment, in his Majesties answering several Petiti­ons concerning Trade, Importation of Bullion, Conservation of Coin in the Land, and Prohi­biting the Transportation of Iron Ordnance; and that his Majesty by his Proclamation refor­med Thirty six or Thirty seven several matters, complained of as publick Grievances, all of them without the least Truckling or Merchan­d [...]sing with the People, a thing usual in former [Page 58] times. He further said, That his Majesty did prin­cipally fix the occasion of the calling a Parlia­ment upon the Declaration recorded, and divul­ged far and near by the Representative Commo­nalty of this Kingdom, to aslist his Majesty to car­ry on the War to recover the Palatinate; yet withal, his Lordship gave an account, how his Majesty, since the last Parliament, encouraged to travel a little longer in his pious endeavours to procure a Peace by way of Treaty, and that the Lord Digby was sent Ambassador upon that occasion, and since returned, but not with such success as was to be hoped for. He minded both Houses of one Heroical Act of his Majesties, since the last Parliament, in the advancement of Fourty thousand pounds, to keep together a Bo­dy of an Army in the Lower Palatinate, which otherwise had been dissolved before this Parlia­ment could be assembled: And that unless the Parliament take further resolution, and imitate rather antient than Modern principles, and be expeditious in what they do, the Army in the Palatinate will fall to the ground. And lastly, told them, That his Majesty did resolve, that this Parliament should continue till seven or eight days before the Festivals, and to be renewed again the eighth of February, to continue for the Enacting of Laws, and perioding things of Reformation, as long as the necessity of the State shall require the same.

After the Lord Keeper had done, the Lord Digby (having received a command from his L. Digby's Speech. Majesty to that purpose) gave a brief account of his Negotiation with the Archduke about the Treaty of Peace; how the Archduke consented thereunto, and writ accordingly to the Emperor and [...]he King of Spain of his proceedings; who also writ to Spinola for a Cessation of Arms, the Archduke [...]aving the command of the Spanish Forces in Germany; but the Duke of Bavaria would not consent thereunto. And the Lord Dig­by informed the Two Houses, that by the carriage of the Duke of Bavaria, and by other circumstan­ces, he did evidently discover, That from the be­ginning that Duke affected to get unto himself the Palatinate, and the Title of Elector. He fur­ther declared, That if Count Mansfeld was not speedily supplied, he could not keep his Army together. Then he gave an account, how brave­ly Sir Horatio Vere had behaved himself in the Pa­latinate, and that, by his wisdom and valor, there was kept from the Enemy, Heidelburg, Mainheim, and Frankendale; the last of which places had then endured a months Siege. He also spoke ho­norably of Captain Burroughs, and concluded, That the fittest redress was, to furnish and keep up the Army already there; which must be done by supplies of Mo [...]ey, and more Forces must be prepared against the next Spring, that we may have there an Army of our own, for the strength­ning of the Palatinate, and encouragement of the Princes of the Union.

Then the Lord Treasurer spake, and acquainted both Houses; How empty the King's C [...]ffers L. Trea­surer's Speech. were, and how he had assisted the Palatine, and Princes of the Union, with great sums, which had exhausted his Treasure, and that his Majesty was much in debt.

Nevertheless, though the King declared for War, he pursued Peace, and resolved to close with Spain, hoping to heal the Breach by that Al­liance. The Commons in the mean Petition and Remonstrate to the King, but grant him no mony, though they had before declared they would as­sist him in the recovery of the Palatinate with their Lives and Fortunes.

Most Gratious and Dread Sovereign,

WE Your Majesties most humble The Com­mons Pe­tition and Remon­strance to the King. and Loyal Subjects, the Knights, Citizens, and Burgesses, now as­sembled in Parliament, who represent the Commons of Your Realm, full of hearty sorrow, to be deprived of the comfort of Your Royal Presence, the rather, for that it pro­céeds from the want of Your health, where­in we all unteignedly do suffer; In all hum­ble manner calling to mind Your Gracious Answer to our former Petition concerning Religion, which, notwithstanding Your Majesties Pious and Princely Intentions, hath not produced that good effect, which the danger of these times doth seem to us to require: And finding how ill Your Ma­jesties goodness hath béen requited by Prin­ces of different Religion, who even in time of Treaty, have taken opportunity to ad­dance their own ends, tending to the sub­version of Religion, and disadvantage of Your affairs, and the estate of Your Chil­dren: By reason whereof, Your ill affected Subjects at home, the Popish Recusants, have taken too much encouragement, and are dangerously encreased in their number, and in their insolencies. We cannot but be sensible thereof, and therefore humbly repre­sent what we conceive to be the causes of so great and growing mischiefs, and what be the Remedies.

I. The Vigilancy and Ambition of the Pope of Rome, and his dearest Son, the one aiming at as large a Temporal Monar­chy, as the other at a Spiritual Supre­macy.

II. The Devillish Positions and Do­ctrines, whereon Popery is built, and taught with Authority to their Followers, for ad­vancement of their Temporal ends.

III. The distressed and miserable estate of the Professors of true Religion in Forreign parts.

IV. The disasterous accidents to Your Majesties Children abroad, expressed with rejoycing, and even with contempt of their Persons.

V. The strange Confederacy of the Prin­ces of the Popish Religion, aiming main­ly at the advancement of theirs, and sub­verting of ours, and taking the advan­tages conducing to that end upon all occasi­ons.

VI. The great and many Armies raised, and maintained at the charge of the King of Spain, the Chief of that League.

VII. The expectation of the Popish Re­cusants of the Match with Spain, and fee­ding themselves with great hopes of the consequences thereof.

VIII. The interposing of Forreign Prin­ces and their Agents, in the behalf of Po­pish Recusants, for connivance and fa­vour unto them.

IX. Their open and usual resort to the Houses, and, which is worse, to the Chap­pess of Forreign Ambassadors.

[Page 59] X. Their more than usual concourse to the City, and their frequent Conventicles and conferences there.

XI. The education of their Children in many several Seminaries and Houses of their Religion in Forreign parts, appropri­ated to the English Fugitives.

XII. The Grants of their just Forfeitures intended by your Majesty, as a Reward of Service to the Grantées; but beyond your Majestie's intention, transferred or com­pounded for, at such mean rates, as will amount to little less than a Toleration.

XIII. The Licentious Printing and dis­persing of Popish and Seditious Books, even in the time of Parliament.

XIV. The swarms of Priests and Iesuits, the common Incendiaries of all Christen­dom, dispersed in all parts of your King­dom.

And from these Causes, as bitter Roots, we humbly offer to your Majesty, That we foresée and fear there will necessarily follow very dangerous effects both to Church and State. For,

I. The Popish Religion is incompatible with ours, in respect of their Positions.

II. It draweth with it an unavoidable de­pendency on Forreign Princes.

III. It openeth too wide a gap for Popula­rity, to any who shall draw too great a party.

IV. It hath a restless spirit, and will strive by these gradations; if it once get but a con­nivancy, it will press for a Toleration; if that should be obtained, they must have an Equality; from thence they will aspire to Superiority, and will never rest till they get a Subversion of the true Religion.

The Remedies against these growing Evils, which, in all humility, we offer unto your most Excellent Majesty, are these.

I. That séeing this inevitable necessity is sallen upon your Majesty, which no wisdom or providence of a peaceable and pious King can a void, your Majesty would not omit this just occasion, spéedily and effectually to take your Sword into your hand.

II. That once undertaken upon so hono­rable and just grounds, your Majesty would resolve to pursue, and more publickly avow the aiding of those of our Religion in For­reign parts, which do [...]btless would reunite the Princes and States of the Vnion, by these disasters disheartned and disband­ed.

III. That your Majesty would propose to your self to manage this War with the best advantage, by a diversion or otherwise, as in your déep judgment shall be found fit­test, and not to rest upon a War in these parts only, which will consume your Trea­sure, and discourage your People.

IV. That the bent of this War, and point of your Sword, may be against that Prince (whatsoever opinion of Potency he hath) whose Armies and Treasures have first diverted, and since maintained the War in the Palatinate.

V. That for securing of our Peace at home, your Majesty would be pleased to review the parts of our Petition, former­ly delivered unto your Majesty, and here­unto annexed, and to put in execution, by the care of choice Commissioners to be thereunto especially appointed, the Laws already, and hereafter to be made for pre­venting of dangers by Popish Recusants, and their wonted evasions.

VI. That to frustrate their hopes for a future Age, our most Noble Prince may be timely and happily married to one of our own Religion.

VII. That the Children of the Nobility and Gentry of this Kingdom, and of o­thers ill-affected and suspected in their Re­ligion, now beyond the Seas, may be forthwith called home by your means. and at the Charge of their Parents or Gover­nors.

VIII. That the Children of Popish Re­cusants, or such whose Wives are Popish Recusants, be brought up, during their Minority, with Protestant School ma­sters and Teachers, who may s [...]w, in their tender years, the séeds of true Reli­gion.

IX. That your Majesty will be pleas [...]d spéedily to revoke all former Licences for such Children and Youth to travel beyond the Seas, and not grant any such Licence hereafter.

X. That your Majesty's Learned Coun­cil may receive commandment from your Highness, carefully to look into former Grants of Recusants Lands, and to avoid them, if by Law they can; and that your Majesty will stay your Hand from passing any such Grants hereafter.

This is the sum and effect of our humble Declaration, which we (no ways intending to press upon your Majesty's undoubted and Regal Prerogative) do with the ful­ness of our Duty and Obedience, hum­bly submit to your most Princely conside­ration: The glory of God, whose cause it is; the zeal of our true Religion▪ in which we have been born, and wherein (by God's grace) we are resolved to die; the safety of your Majesty's Person, who is the very life of your people; the happiness of your Children and Posterity; the honour and good of the Church and State, dearer un­to us than our own lives, having kindled these affections truly devoted to your Ma­jesty.

And séeing out of our duty to your Ma­jesty, we have already resolved to give, at the end of this Session, one entire Sub­sidy, for the present relief of the Palatinate only, to be paid in the end of February next, which cannot well be effected but by passing a Bill in a Parliamentary course before Christmas; we most humbly beseech your Majesty (as our assured hope is) that you will then also vouchsafe to give life, by your Royal Assent, to such Bills, as be­fore that time shall be prepared for your Majesty's honour, and the general good of your people: And that such Bills may be also accompanied (as hath béen accusto­med) with your Majesties gracious Pardon, which proceeding from your own méer grace, may, by your Highness direction, be drawn to that latitude and extent, as may best [Page 60] sort with your Majesties bounty and good­ness. And that not only Felons and Cri­minal Oftenders may take benefit there­of, but that your good Subjects may re­receive ease thereby. And if it shall so stand with your good pleasure, That it may ex­tend to the relief of the old Debts & Duties to the Crown before the first Year of your Majesties Reign, to the discharge of Alie­nations without Licence, and misusing of Liveries and Oustre le Maine, before the first Summons of this Parliament, and of concealed Wardships, and not suing of Liveries, and Oustre le Maines, before the Twelfth year of your Majesties Reign. Which gracious Favour would much com­fort your good Subjects, and ease them from vexation, with little loss or preju­dice to your own profit.

And we by our daily and devout Prayers to the Almighty, the Great King of Kings shall contend for a Blessing upon our en­deavours; and for your Majesties long and happy Reign over us, and for your Children after you, for many and many Generations.

And indeed the Protestants are Attacked eve­ry At this time the Protest­ants are ill treated in France. where; in Germany, by the House of Austria and Bavaria; in France, by Lewis the 13th, who Besieged them in person in Montauban; and by the Duke of Guise, and Count of Soissons in Rochel; whilest the King of England prevailed little on them by the Embassies of the Lord Herbert of Cherbury, and the Viscount Doncaster, who was sent afterwards on the same Errand.

The King hearing of the foregoing Remon­strance, wrote the Letter following to the Speaker.

Upon the Receipt hereof they again Petition and Remonstrate.

The King rejected the first Petition, and gave to the latter this Answer follow­ing.

‘VVE must here begin in the same fashion The Kings Answer to the latter P [...]tition. that we would have done, if the first Petition had come to our hands before we had made a stay thereof, which is to repeat the first Words of the late Queen of Famous Memory, used by her, in an Answer to an insolent Propo­sition made by a Polonian Ambassador unto her; that is, Legatum expectabamus, Heraldum acci­pimus. For we had great reason to expect, that the first Message from your House should have been a Message of Thanksgiving for our con­tinued gracious Behaviour towards our People, since your last Recess, not only by our Procla­mation of Grace, wherein were contained six or seven and thirty Articles, all of several points of Grace to the People, but also by the labour we took for the satisfaction of both Houses, in those three Articles recommended unto us in both their Names, by the Right Re­verend Father in God, the Archbishop of Can­terbury; and likewise for the good Govern­ment of Ireland, we are now in hand with, at your request; but not only have we heard no News of all this, but contrary, great Com­plaints of the danger of Religion within this Kingdom; tacitly implying our ill Govern­ment in this point. And we leave you to judge whether it be your duties, that are the Re­presentative Body of our people, so to distaste them with our Government; whereas by the contrary it is your Duty, with all your endea­vours, to kindle more and more a dutiful and thankful love in the Peoples [...]earts towards us, for our Just and Gracious Government.’

‘Now whereas, in the very b [...]ginning of this your Apology, you tax us in fair terms of trusting uncertain Reports, and partial Infor­mations concerning your proceedings, we wish you to remember, that we are an old and expe­rienced King, needing no such Lessons; being in our Conscience freest of any King alive, from hearing or trusting idle Reports; which, so many of your House, as are nearest us, can bear witness unto you, if you would give as good ear to them, as you do to some Tribu­nitial Orators among you: And, for proof in this particular, we have made your own Messengers co [...]fer your other Petitions sent by you, with the Copy thereof, which was sent us before; between which there is no diffe­rence at all; but that since our receiving the first Copy, you added a Conclusion into it, which could not come to our hands, till it was done by you, and your Messengers sent, which was all at one time. And if we had had no Copy of it beforehand, we must have received your first Petition to our great dishonour, be­fore we had known what it contained; which would have enforced us to return you a far worse Answer than now we do; for then your Messengers had returned with nothing, but that we have judged your Petition unlawful, and unworthy of an Answer: For, as to your Conclusion thereof, it is nothing but Protestatio contraria facto; for, in the Body of your Peti­tion, you usurp upon our Prerogative Royal, and meddle with things far above your reach, and then in the conclusion you protest the con­trary; as if a Robber would take a mans Purse, and then protest he meant not to rob him. For, first, you presume to give us your advice con­cerning the Match of our dearest Son with some Protestant (we cannot say Princess, for we know none of these fit for him) and disswade us from his Match with Spain, urging us to a pre­sent War with that King, and yet in the con­clusion, forsooth, ye protest ye intend not to press upon our most undoubted and Regal Prerogatives; as if the petitioning of us in matters, that your selves confess ye ought not to meddle with, were not a medling with them.’

‘And whereas ye pretend, that ye were invited to this course by the Speeches of three Honou­rable Lords; yet by so much as your selves repeat of the Speeches, nothing can be conclu­ded, but that we were resolved by War to re­gain the Palatinate, if otherwise we could not at­tain unto it. And you were invited to advise forthwith upon a Supply, for keeping the Forces in the Palatinate from Disbanding, and to foresee the means for the raising and main­tenance of the Body of an Army for that War against the Spring. Now, what inference can be made upon this, that therefore we must presently denounce War against the King of Spain, break our dearest Son's Match, and match him to one of our Religion, let the World judge: The difference is no greater than if we would tell a Merchant that we had great need to borrow Money from him for raising an Army, that thereupon it would follow, that we were bound to follow his Advice in the direction of the War, and all things depending thereupon: but yet not contenting your selves with this ex­cuse of yours, which indeed cannot hold water, ye come after to a direct contradiction to the Conclusion of your former Petition, saying, That the Honour and Safety of us and our Posterity, and the Patrimony of our Children, invaded and possessed by their Enemies, the welfare of Religion, and State of our King­dom, are matters at any time not unfit for your deepest considerations in Parliament. To this Generality, we answer with the Logicians, That where all things are contained, nothing is omitted. So as this Plenipotency of yours, invests you in all power upon Earth, lacking nothing but the Popes to have the Keys also both of Heaven and Purgatory: And to this vast ge­nerality of yours, we can give no other An­swer; for it will trouble all the best Lawyers in the House to make a good Commentary up­on it: for so did the Puritan Ministers in Scotland bring all kind of Causes within the compass of their Jurisdiction; saying, That [Page 63] it was the Churches Office to judge of Slander; and there could no kind of Crime or Fault be committed, but there was a slander in it, either against God, the King, or their Neighbour; and by this means they hooked in to themselves the cognizance of all Causes; or like Bellar­min's distinction of the Popes power over Kings, in Ordine ad Spiritualia, whereby he gives them all Temporal Jurisdiction over them.’

‘But to give you a direct Answer to the Mat­ter of War, for which you are so earnest: We confess, we rather expect you should have given us thanks for the so long maintaining a setled Peace in all our Dominions, whenas all our Neighbours about are in a miserable com­bustion of War; but, dulce bellum inexpertis. And we indeed find by experience, that a number of our Subjects are so pamper'd with Peace, as they are desirous of change, though they knew not what.’

‘It is true, that we have ever professed (and in that mind, with God's Grace, we will live and die) that we will labour by all means pos­sible, either by Treaty, or by Force, to restore our Children to their ancient Dignity and Inhe­ritance; and whatsoever Christian Princes or Potentates will set themselves against it, we will not spare any lawful means to bring our so just and honourable purpose to a good end; nei­ther shall the Match of our Son, or any other worldly respect, be preferred to this our reso­lution. For by our credit and intervention with the King of Spain, and the Arch-Dutchess, and her Husband, now with God, we preserved the Lower Palatinate one whole year from any fur­ther conquering in it, which in eight days space, in that time, might have easily been swallowed up by Spinola's Army, without any resistance. And in no better case was it now at our Ambas­sador the Lord Digby's coming through Heidel­burgh, if he had not extraordinarily succour­ed it.’

‘But because we conceive, that ye couple this War of the Palatinate with the Cause of Reli­gion, we must a little unfold your Eyes here­in.’

‘The beginning of this miserable War, which hath set all Christendom on fire, was not for Religion, but only caused by our Son in Law his hasty and harsh resolution, following evil counsel, to take to himself the Crown of Bo­hemia.’

‘And that this is true, himself wrote Letters unto us at that time, desiring to give assurance both to the French King, and State of Venice, that his accepting of the Crown of Bohemia had no reference to the Cause of Religion, but only by reason of his right of Election (as he called it.) And we would be sorry that that aspersion should come upon our Re­ligion, as to make it a good pretext for De­throning of Kings, and usurping their Crowns; And we would be loth that our People here should be taught that strange Doctrine: No, let us not so far wrong the Jesuits, as to rob them of their sweet Position and Practice in that very point.’

‘And upon the other part, we assure our self so far of your charitable thoughts of us, that we would never have constantly denied our Son-in-Law both the Title and Assistance in that point, if we had been well perswaded of the Justice of his Quarrel. But to con­cl [...]de, This unjust usurpation of the Crowns of Bohemia and Hungaria from the Emperor, hath given the Pope and all that Party too fair a ground, and opened them too wide a gate for curbing and oppressing of many thou­sands of our Religion in divers parts of Chri­stendom.’

‘And whereas you excuse your touching up­on the King of Spain, upon occasion of the incidents by you repeated in that place, and yet affirm, that it is without any touch to his honour; we cannot wonder enough that ye are so forgetful both of your Words and Writs: For in your former Petition ye plainly affirm, That he affects the Temporal Monar­chy of the whole Earth; than which, there can be no more malice uttered against any great King, to make all other Princes and Po­tentates both envy and hate him; but if ye list, it may easily be tried, whether that Speech touched him in honour or not, if ye shall ask him the question whether he means to assume to himself that title or no; for every King can best judge of his own honour. We omit the particular ejaculations of some foul-mouthed Orators in your House, against the honour of that King's Crown and State.’

‘And touching your excuse of not determin­ing any thing concerning the Match of our dearest Son, but only to tell your Opinion, and lay it down at our Feet: First, we desire to know, how you could have presumed to de­termine in that point, without committing of High Treason? And next, you cannot deny, but your talking of his Match after that man­ner, was a direct breach of our Command­ment and Declaration out of our own Mouth, at the first sitting down of this Parliament, where we plainly professed, that we were in Treaty of this Match with Spain; and wished you to have that confidence in our Religion and Wisdom, that we would so manage it, as our Religion should receive no prejudice by it: And the same we now repeat unto you, pro­fessing that we are so far engaged in that Match, as we cannot in honour go back, ex­cept the King of Spain perform not such things as we expect at his hands. And therefore we are sorry that ye should shew to have so great distrust in us, as to conceive that we should be cold in our Religion; otherwise we cannot ima­gine how our former publick Declaration should not have stopt your mouths in this point.’

‘And as to your Request, That we would now receive your former Petition; We won­der what could make you presume, that we would receive it, whereas in our former Letter we plainly declared the contrary unto you. And therefore we have justly rejected that Suit of yours; for what have you left unattempt­ed in the highest points of Sovereignty, in that Petition of yours, except the striking of Coin? For it contains the violation of Leagues, the particular way how to govern a War, and the Marriage of our dearest Son, both Negative with Spain, nay, with any other Popish Princess; and also Affirmatively, as to the Matching with one of our Religion; which we confess is a strain beyond any Providence or Wisdom God hath given us, as things now stand.’

‘These are unfit things to be handled in Parliament, except your King should re­quire it of you: For who can have Wisdom to judge of things of that nature, but such [Page 64] as are daily acquainted with the particulars of Treaties, and of the variable and fixed con­nexion of affairs of State, together with the knowledge of the secret wayes, ends, and in­tentions of Princes in their several Negotiati­ons? otherwise a small mistaking of matters of this nature, may produce more effects than can be imagined; and therefore, Ne Sutor ultra crepidam. And besides, the intermed­ling in Parliament with matters of Peace or War, and Marriage of our dearest Son, would be such a diminution to us and to our Crown in Foreign Countries, as would make any Prince neglect to treat with us, either in mat­ters of Peace or Marriage, except they might be assured by the assent of Parliament. And so it proved long ago with a King of France, who, upon a Trick procuring his States to dis­sent from some Treaty which before he had made, was after refused Treating with any other Princes, to his great Reproach, unless he would first procure the Assent of his Estates to their Proposition.’ ‘And will you cast your eyes upon the late times, you shall find, That the late Queen, of famous memory, was hum­bly Petitioned by a Parliament to be pleased to Marry: But her Answer was, That she li­ked their Petition well, because it was simple, not limiting her to Place or Person, as not be­fitting her liking to their Fancies; and if they had done otherwise, she would have thought it a high presumption in them. Judge then what we may do in such a case, having made our publick Declaration already (as we said be­fore) directly contrary to that which you have now Petitioned.’

‘Now to the Points in your Petition, where­of you desire an Answer, as properly belong­ing to the Parliament; the first and the great­est point is, that of Religion: concerning which, at this time we can give you no other Answer than in the general; which is, That you may rest secure, that we will never be wea­ry to do all we can for the propagation of our Religion, and repressing of Popery: But the manner and form you must remit to our Care and Providence, who can best consider of Times and Seasons, not by undertaking a pub­lick War of Religion through all the world at once (which how hard and dangerous a Task it may prove, you may judge.) But this puts us in mind, how all the world complained the last year of plenty of Corn; and God sent us a Cooling-Card this year for that heat: And so we pray God, that this desire among you of kindling Wars (shewing your weariness of Peace and Plenty) may not make God permit us to fall into the Miseries of both. But, as we already said, our care of Religion must be such, as on the one part we must not, by the hot persecution of our Recusants at home, ir­ritate Foreign Princes of contrary Religion, and teach them the way to plague the Prote­stants in their Dominions, with whom we day­ly intercede, and at this time Principally, for ease to them of our Profession that live under them; yet upon the other part, we never mean to spare from due and severe punishment any Papist that will grow insolent for living under our so mild Government. And you may also be assured, we will leave no care untaken, as well for the good Education of the Youth at home, especially the Children of Papists; as also for preserving at all times hereafter the Youth that are or shall be abroad, from being bred in dangerous places, and so poysoned in Po­pish Seminaries. And as in this point, name­ly, the good education of Popish Youth at home, we have already given some good proofs, both in this Kingdom and in Ireland; so will we be well pleased to pass any good Laws that shall be made, either now, or at any time hereafter, to this purpose.’

‘And as to your Request of making this a Session, and granting a General Pardon; it shall be in your defaults, if we make not this a Session before Christmas.’

‘But for the Pardon, ye crave such Particu­lars in it, as we must be well advised upon, lest otherwise we give you back the double or treble of that we are to receive by your entire Subsidy, without Fifteens. But the ordinary course we hold fittest to be used still in this case is, That we should of our free Grace send you down a Pardon from the Higher House, con­taining such Points as we shall think fittest, wherein, we hope, ye shall receive good sa­tisfaction.’

‘But we cannot omit to shew you, how strange we think it, that ye should make so bad and unjust a Commentary upon some words of our former Letter, as if we meant to restrain you thereby of your ancient Priviledges and Liber­ties in Parliament. Truly a Scholar would be ashamed so to misplace and misjudge any Sen­tences in another mans Book. For whereas in the end of our former Letter, we discharge you to meddle with matters of Government, and Mysteries of State; namely, Matters of War and Peace, or our dearest Son's Match with Spain; by which particular denominations we interpret and restrain our former words: And then after, we forbid you to meddle with such things as have their ordinary course in Courts of Justice: Ye couple together those two distinct Sentences, and plainly leave out those words, Of Mysteries of State; so as ye err, à bene divisis ad male conjuncta: For of the former part, concerning Mysteries of State, we plainly restrain our meaning to the Particulars that were after mentioned; and in the latter, we confess we meant it by Sir Edward Cookes foolish business. And therefore it had well became him, especially being our Servant, and one of our Council, to have complained unto us; which he never did, though he was ordinarily at Court since, and never had access refused unto him.’

‘And although we cannot allow of the Style, calling it, Your Ancient and Ʋndoubted Right and Inheritance; but could rather have wished, that ye had said, That your Priviledges were deri­ved from the Grace and Permission of our An­cestors and Us; (for most of them grow from Precedents, which shews rather a Toleration, than Inheritance:) Yet we are pleased to give you our Royal assurance, that as long as you contain your selves within the limits of your Duty, we will be as careful to maintain and preserve your Lawful Liberties and Priviledges, as ever any of our Predecessors were; nay, as to preserve our own Royal Prerogative. So as your House shall only have need to beware to trench upon the Prerogative of the Crown; which would enforce us, or any just King, to retrench them of their Priviledges, that would pare his Prerogative, and Flowers of the Crown; But of this, we hope, there shall never be Cause given. Dated at Newmarket, Dec. 11. 1621.’

[Page 65] It will not be amiss to give the Reader to un­derstand, that though the Commons had Voted to assist the King in the Recovery of the Palati­nate, yet not one penny of Money did they, or would ever advance towards it, though Count Mansfields Army, for want of pay, was then rea­dy to disband in the Palatinate, and he had good Overtures also offered him by the Emperour to leave that Service; yet nothing was done by them: They insisted, it was their Duty to advise his Ma­jesty in all things, (though their Advice was ne­ver required) as well as to supply him: which, saith the Collector (according to his usual way) discontented the Commons and good People of England, foreseeing a Dissolution by Gondomar's means.

Before the Adjournment, in vindication of their Parliamentary Rights and Priviledges, the Commons made and entred this Protestation fol­lowing [having Plotted a thin House, and a late Hour, Six a Clock at Night in December, and not a third part of their Number present.]

THe Commons now Assembled in Par­liament, being justly occasioned there­unto, The Com­mons Pro­testation. concerning sundry Liberties, Fran­chises and Priviledges of Parliament, amongst others here mentioned, do make this Protestation following; That the Liberties, Franchises, Priviledges and Iurisdictions of Parliament are the anci­ent and undoubted Birthright and Inheritance of the Subjects of England; And that the arduous and urgent affairs con­cerning the King, State, and Defence of the Realm, and of the Church of England, and the maintenance and making of Laws, and Redress of Mischiefs and Grievances which dayly happen within this Realm, are proper Subjects and Matter of Counsel and Debate in Parliament; and that in the handling and procéeding of those Bu­sinesses, every Member of the House of Par­liament hath, and of Right ought to have fréedom of Spéech, to Propound, Treat, Reason, and bring to Conclusion the same; And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such order, as in their Iudgments shall séem fittest; And that every Member of the said House hath like Fréedom from all Impeachment, Im­prisonment and Molestation (other than by Censure of the House it self) for or con­cerning any Speaking, Reasoning, or De­claring of any Matter or Matters touching the Parliament, or Parliament-Business; And that if any of the said Members be complained of, and questioned for any thing done or said in Parliament, the same is to be shewed to the King by the Advice and Asscut of all the Commons Assem­bled in Parliament, before the King give Credence to any private Informati­on.

At which the King was moved; and what his Resentments were, will appear by this Me­morial following.

Whitehall, Decemb. 30. 1621.

HIs most Excellent Majesty coming this day to the Council, the Prince his Highness, and all the Lords and others of His Majesties Privy Council sitting about Him, and all the Iudges then in London, which were six in Number, there attending upon His Majesty; the Clerk of the Com­mons House of Parliament was called for, and commanded to produce his Iournal Book, wherein was noted, and Entries made of most Passages that were in the Commons House of Parliament; and amongst other things, there was written down the Form of a Protestation concern­ing sundry Liberties, Priviledges and Franchises of Parliament; with which Form of Protestation His Majesty was just­ly offended. Nevertheless His Majesty, in a most Gracious manner there expressed, That he never meant to deny that House of Commons any Lawful Priviledges that ever they had enjoyed; but whatsoe­ver Priviledges or Liberties they had by any Law or Statute, the same should be inviolably preserved unto them; and what­soever Priviledges they enjoyed by Cu­stom, or uncontrolled and lawful Prece­dent, His Majesty would be careful to pre­serve, But this Protestation of the Com­mons House, so contrived and carried as it was, His Majesty thought fit to be ra­zed out of all Memorials, and utterly to be annihilated, both in respect of the man­ner by wich it was gained, and the matter therein contained. For the manner of get­ting it, first, in respect of the time: For after such time as His Majesty, out of His Princely Grace, and to take away all mistakings, had directed His Letters to Secretary Calvert, Dated at Royston, 16 Decembris, and therein had so explained himself in the point of maintaining the Priviledges of the House of Commons, as that most of the said House rested fully sa­tisfied, and fxeed from any scruple of ha­ving their Liberties impeached; And after that, by His Majesties Letters, directed to the Speaker, Dated 18 Decembr. being Tuesday, His Majesty, at the humble Suit of the House of Commons, condescended to make this Méeting a Session before Christmas, and for that purpose had assigned Saturday following. Now upon this very Tuesday, and while the Messengers from the House of Commons were with His Ma­jesty at Theobalds, to return thanks unto His Majesty, and therewith an excuse from them not to make it a Session, in respect of the strait of time whereunto they were dri­ven: which deferment His Majesty admitted of at their desires, and thereupon gave order for the Adjournment of the Parliament unto the Eighth of February next, which was the first day formerly appointed by his Majesty for the Méeting together of the Parliament: And whilst their Messengers were with His Majesty, and had received a gracious Answer to return unto their House, even that afternoon a Committée was pro­cured to be made for taking their Liberties into consideration: and this afternoon a [Page 66] Protestation was made (to whom, appears not) concerning their Liberties; and at six a clock at night, by candle-light, the same Protestation was brought into the House by the Committée, and at that time of night it was called upon to be put to the question, there not being the third part of the House then present; whereas in all matters of weight, their usual custom is, to put no­thing of importance to the Question till the House be full: And at this time many of them that were present, expected the Question would have béen deferred to ano­ther day, and a fuller House; and some then present stood up to have spoken to it, but could not be séen or heard in that Dark­ness and Confusion. Now for the matter of the Protestation, it is penned in such am­biguous and general words as may serve for future times to invade most of Rights and Prerogatives annexed to the Imperial Crown; the claim of some Priviledges being grounded upon the words of the Writ for Assembling the Parliament, where­in some words, viz. Arduis Regni, are cun­ningly mentioned; but the word quibus­dam, which restraineth the generality to such particular Cases, as His Majesty pleaseth to consult with them upon, is pur­posely omitted.

These things considered, His Majesty did this present day, in full Assembly of The King takes the Protesta­tion out of the Jour­nal Book with his own hand. His Council, and in the presence of the Judges, declare the said Protestation to be invalid, anmilled, void, and of no effect: And did further, manu sua propria, take the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament, and Commanded an Act of Councel to be made thereupon, and this Act to be entred in the Register of Coun­cil Causes.

On the 6th. of January following, the King In the mean [...]ime the King dissolves them. by Proclamation dissolves the Parliament, by the uniform Consent of his Council, shewing that he needs not give an account to any thereof; for that things of this nature are confessedly in his power; but that he had done it, for that they took upon them there to treat of things not belonging to them, being Matters of his Prerogative, speaking with too little respect of Foreign Princes, and spending their time only in quarrelling about their Priviledges, never, or lit­tle regarding the Kingdoms wants. And that some evil-tempered Spirits sowed Tares among the Corn, and by their cunning devices have im­posed upon him a necessity of discontinuing this present Parliament, without putting unto it the name or period of a Session. And lastly, he de­clared, That though the Parliament be broken off, yet he intended to govern well, and shall be glad to lay hold on the first occasion to call a Par­liament again at convenient time.

These Ill-tempered Spirits so called by the King, were some of the House of Commons: Sir Ed­ward Cook, Some emi­nent M [...]m­bers of [...]he Parliam. imprison­ed. Sir Robert Philips were committed to the Tower; Mr. Selden, Mr. Pym, Mr. M [...]llery, to other Prisons and Con [...]inements. Order was given for the sealing up the Locks and Doors of Sir Edward Cook's Chambers in London, and in the T [...]mple, for the seizing of his Papers. And the Council debating about the General Pardon that should have passed this last Parliament, had con­sulted about the ways of excluding him from that benefit, either by preferring a Bill against him before the Publication of the Pardon, or by ex­empting him by name, whereof, they said, they had Precedents.

Likewise Sir Dudley Diggs, Sir Thomas Crew, Others sent for punish­ment into Ireland. Sir Nathanael Rich, and Sir James Perrot, for pu­nishment, were sent into Ireland, joyned in Com­mission with others, under the Great Seal of England, for the enquiry of sundry matters con­cerning his Majesties Service, as well in the Go­vernment Ecclesiastical and Civil, as in point of his Revenue and otherwise, within that Kingdom.

The People had now taken a great liberty of Speaking too boldly of Matters above their reach, whereupon the King directed the Judges now in their Circuits to put the Laws in force against this sort of People. In the mean time the Palsgrave is despoiled of his hereditary Do­minions, the Upper Palatinate quite subdued, and the Lower at the same point also; notwith­standing the King still persists in his Mediation to the Emperor for him; the Terms by the King offered, were such as these:

‘That he shall for himself and his Son re­nounce all pretence of Right and Claim to the The terms which K. James de­sires the Emperor to accept, in behalf of the Pa­latine. Crown of Bohemia: That he shall from hence­forth yield all constant due devotion to the Im­perial Majesty, as do other obedient Princes Electors of the Empire: That he shall crave pardon of the Imperial Majesty: That he shall not hereafter any manner of way demean himself unfittingly toward the Imperial Maje­sty, nor disturb his Kingdoms and Countreys: And that he shall, upon reasonable conditions, reconcile himself to other Princes and States of the Empire, and hold all good correspondence with them; and he shall really do whatsoever like things shall be judged reasonable and ne­cessary.’

‘King James requested of the Empeor the ac­ceptance of these Conditions, as a notable te­stimony of his Imperial Majesty's Goodness and Grace, which, he said, should be by himself ac­knowledged in all willing Service, and unfeign­ed Friendship to the Emperor himself, and the most Renowned House of Austria. But if these his just Demands, and well-willed Pre­sentations shall not find acceptance, or be slight­ly waved by some new tergiversation, or a pre­tence of that long and tedious way of Consul­tation with the Princes of the Empire, he is resolved to try his utmost power for his Chil­drens Relief; judging it a foul stain to his Ho­nour, if he shall leave them and their Partizans without Counsel, Aid and Protection.’

‘The Emperor answers hereto; That in this exulcerate Business, so much moderation and The Em­peror's Answer to to King James. respect of Justice and Equity hath shined forth in the King of Great Britain, that there is not any thing that he should refuse to render there­unto, reserving his Caesarean Authority, and the Laws of the Empire; yet that person whom it most concerns hath given no occasion, by the least sign of Repentance, to a condescention to this Treaty of Pacification; for he is still so obstinate, as by continual Machinations by Ja­gerndorf and Mansfeld, and other cruel Distur­bers of the publick Peace, to call up Hell, ra­ther than to acquiesce in better Counsels, and desist from the usurped Title of a Kingdom. Howbeit, in favour of the King of Great Britain, he shall consent to a Treaty to be held at Bruxels wherein he would devolve his power upon the [Page 67] Illustrious Eliz. Clara Eugenia, Infanta of Spain.’

This Treaty was accepted of by the King, and Sir Richard Weston sent thither; in the mean time the lower Palatinate was quite lost, a Peace being made between Bethlem Gabor and the Emperor, the l [...]ter whereof was now at leasure to employ all his Force on that side; about this time died Philip the 3d King of Spain, whither the L. Digby is sent to condole his death, and to forward the Match, having the dispatches subjoyned delive­red him by the King and Prince to the succeed­ing King and to his Counsellor Don Balthazar de Zuniga.

Now the Treaty of Marriage is solely in the Hands of the Lord Digby, and an overture being made in Spain of a Match with the Infanta with the Emperors Son, the Emperors Embassador was answered that the King of Spains Hands were tyed by the Treaty now on Foot with his Maje­sty of Great Britain. At the same time Presidents in the Tower were searched for, as concerned the Levyes of Men at the Publick charge of the Country, from the times of Edw. 3. till the pre­sent; and likewise Letters wrote hereupon to the Judges as followeth.

And Letters were directed to the Sheriffs of [...]he respective Counties, and Mayors of the Towns, to the same effect, and that a Schedule of the Contributors should be return'd, and like­wise of those who refused.

Archbishop Abbot, by a casual shot, in Bramzil Park, out of a Cross-bow, kills the Keeper in stead of the Deer; of which accident a question was raised whether his Grace by that mischance was irregular or not? Which was referr'd to the Lord Keeper Williams, the Bishops of London, Winton, Rochester, St. Davids, and Exeter, Justice Doderidge, Sir Henry Martin, and Dr. Stuart; and he was not judged irregular for that Casual Homicide.

About this time Dr. Laud was preferred to the See of St. David's, then void, betwixt whom and Dr. Robert Abbot then Doctor of the Chair in Oxon, there had been several bickerings about the Quinquarticular Controversie, and so must he forsooth, as the Collector would have it, be said to incline to Popish Tenets; but how much he hated Confarreation with that Party, his most Learned Book against Fisher doth abundant­ly testifie.

Now also the King thought fit upon good secu­rities to release the Poorer sort of Recusants out of the several Goals in the Kingdom where they lay, whereupon the Lord Keeper wrote to the Judges in manner following.

THat the King having, upon deep Reasons of State, and in expectation of the like corre­spondence from Foreign Princes to the Professors of our Religion, resolved to grant some grace to the im­prisoned Papists, had commanded him to pass some Writs under the Broad Seal for that purpose: Wherefore it is his Majesty's pleasure, that they make no niceness or difficulty to extend his Princely favour to all such, as they shall find Prisoners in the Goals of their Circuits, for any Church Recusancy, or refusing the Oath of Supremacy, or dissersing of Popish Books, or any other point of Recusancy that shall concern Religion onely, and not matters of State.

And offence being taken hereat, the Lord Keep­er truly satisfies the World as to the Reasons of it.

‘AS the Sun in the Firmament appears to us no bigger then a Platter, and the Stars The Lord Keeper's Letter, excusing, the King's favour to­wards Pa­pills. are but as so many Nails in the Pummel of a Saddle, because of the enlargement and dispro­portion between our Eye and the Object: So is there such an unmeasurable distance between the deep resolution of a Prince, and the shal­low apprehensions of common and ordinary people; that as they will ever be judging and censuring, so they must needs be obnoxi­ous to error and mistaking. The King is now a most zealous Intercessor for some ease and re­freshment to all the Protestants in Europe, which were unreasonable, if he did now execute the rigour of his Laws against the Roman Ca­tholicks.’

‘Our Viperous Countreymen, the English Je­suits in France, had many moneths before the favour granted, invited the French King, by writing a malicious Book, to put all the Statutes in execution against the Protestants in those parts, which were enacted in England against the Papists, and (as they falsly informed) severely executed. Besides, these Papists are no otherwise out of Prison, than with their shackles about their heels, sufficient Sureties, and good Recognizances, to present themselves at the next Assizes; and their own demeanor, and the success of his Majesty's Negotiations must determine, whether they shall continue in this grace.’

‘But to conclude, from the favour done to the English Papists, that the King favours the Ro­mish Religion, is a composition of Folly and Malice, little deserved by a gracious Prince, who by Word, Writing, Exercise of Religion, and Acts of Parliament, hath demonstrated himself so resolved a Protestant.’

‘As for his own Letter to the Judges, he said, it recited only four kinds of Recusancy, capable of the King's clemency, not so much to include them, as to exclude many other Crimes, bearing the name of Recusancy, as, using the Function of a Romish Priest, seducing the King's Liege people from the established Religion, asper­sing the King, Church, or State, or the present Government.’

‘All which Offences, being outward practices, and no secret motions of the Conscience, are adjudged, by the Law of England, to be meer­ly Civil and Political, and are excluded by the Letter from the benefit of those Writs.’

And because of the excessive liberty taken by both the Parties engaged in the Quinquarticular Controversie, the King wrote to the Archbishop of Canterbury, and sent the Directions following to be injoyned the Clergy.

[Page 71] Sir Richard Weston finds no real intent in the Infanta at Bruxels (to whom the matter was re­ferr'd) to restore the Palatinate. The Palsgrave in the mean time, to remove all obstacles on his part, retires to Bouillon to his Uncle, and Mans­feild goes for Holland, whiles in the mean time Heydelburgh is besieged by the Emperor and Ba­varia, and is taken and followed by the loss of Manheim and Frankendale.

Mr. Gage returns from Rome with new Clogs to the Match: the Pope demands a publick Church in London, a Person in Episcopal Orders to ex­ercise Jurisdiction there, and the Ecclesiasticks to be subject to no Laws, but of their own Su­periors; that the Children be under the Mother's government till fourteen years, and a farther de­monstration of favour for the Romanists in En­gland. To the first, The King answers 'tis more than he himself had: she might have a Chappel where in a publick manner her Religion might be professed. To the second, That he would leave it to the King of Spain. The third, He utterly denyed it, for it was not so in other Catholick Countries. And to the fourth, He an­swered he would not permit his Grandchildren to be brought up till years of Marriage in a Religion contrary to that he professed. And to the last, That he cannot grant any other favours, as to any Toleration, beyond what is already granted. And this resolution he sends to Digby in Spain, to be communicated accordingly.

And now our King doth plainly see the Ter­giversations of the Spaniards and Imperialists, and their delusory dealings with him; for whiles his Embassadors is treating at Bruxels, for the Palsgraves restitution, Heydelburgh and the rest of the Towns are taken; and the Em­peror calls a Diet at Ratisbone for the Transla­tion of the Electorate to the House of Bavaria irrevocably, and a Letter is said to have been wrote by the King of Spain to Conde Olivares, and Conde's Answer followeth.

‘THE King my Father declared at his The King of Spains Letter to Conde Olivares. death, that his intent never was to marry my Sister; the Infanta Donna Maria with the Prince of Wales, which your Uncle Don Bal­thazar understood, and so treated this Match ever with intention to delay it; notwithstand­ing, it is now so far advanced, that considering all the aversness unto it of the Infanta, it is time to seek some means to divert the Trea­ty, which I would have you find out, and I will make it good whatsoever it be. But in all other things, procure the satisfaction of the King of Great Britain, (who hath deserved much) and it shall content me, so that it be not in the Match.’

‘SIR, Considering in what estate we find Olivares Answer. the Treaty of Marriage between Spain and England, and knowing certainly how the Ministers did understand this business, that treated in the time of PHILIP the Third, that is in Heaven, that their mean­ing was never to effect it, but by enlarging the Treaties and Points of the said Mar­riage, to make use of the Friendship of the King of Great Britain, as well in matters of Germany, as those of Flanders: And [Page 72] imagining likewise, that your Majesty is of the same opinion (though the Demonstrations do not shew so) joyning to these Suppositions; that it is certain the Infanta Donna Marria is resolved to put her self into a Monastery the same day that your Majesty shall press her to his Marriage: I have thought sit to represent unto your Majesty that which my good Zeal hath offered me in this occasion, thinking it a good time to acquaint your Majesty withal, to the end you may resolve of that which you shall find most convenient, with the Advice of those Ministers you shall think sit to make choice of.’

‘The King of Great Britain doth find himself at this time equally engaged in two Businesses; the one is, this Marriage, to which he is moved by the Conveniencies he finds in your Majesties Friendship, by making an Agreement with those Catholicks that he thinks are secretly in his Kingdom; and by this, to assure himself of them; as likewise to marry his Son to one of the House of Austria; knowing, that the Infanta Donna Maria is the best born Lady in the world. The other business is the re­stitution of the Palatinate, in which he is more engaged; for beside that his Repu­tation is at stake, there is added the love and interest of his Grand-Children, Sons of his only Daughter,; so that both by the Law of Nature, and Reason of State, he ought to put that forward, whatever Inconveniences might follow by dissembling what they suf­fer.’

‘I do not dispute, whether the King of Great Britain be governed, in this Business of the Palatinate, by Act or Friendship; I think a man might say, he used both; but as a thing not precisely necessary to this Discourse, I omit it.’ ‘I hold it for a Maxim, that these two En­gagements in which he finds himself, are inse­parable; for although the Marriage be made, we must fail of that which in my way of un­derstanding is most necessary, the Restitution of the Palatinate.’

‘This being supposed, having made this Mar­riage in that form as it is treated, your Ma­jesty shall find your self, together with the King of Great Britain, engaged in a War against the Emperor and the Catholick League; a thing which to hear, will offend your Godly Ears; or declaring your self for the Emperor, and the Catholick League, as certainly your Maje­sty will do, then you will find your self en­gaged in a War against the King of England, and your Sister Married with his Son; with the which, all whatsoever Reasons of conveni­ency that were thought upon in this Marriage, do cease. If your Majesty shall shew your self Neutral, as it may be some will pro­pound; That, first will cause very great scan­dal, and w [...]th just reason, since in matters of less opposition, than of Catholicks against He­reticks, the Arms of this Crown have taken the Godly part against the contrary party; and at this time the French-men, fomenting the Hollanders against your Majesty, your Piety hath been such, that you have sent your Arms against the Rebels of that Crown, leaving all the great considerations of State, only because these men are Enemies to the Faith, and the Church.’

‘It will oblige your Majesty, and give oc­casion to those of the League to make use of the King of France, and of other Catho­lick Princes, ill-affected to this Crown; for it will be a thing necessary for them to do so: And those even against their own Religion, will fo­ment and assist the Hereticks for hatred to us. Without doubt they will follow the other par­ty, only to leave your Majesty with that ble­mish, which never hath befaln any King of these Dominions. The King of England will remain offended and enraged, seeing that nei­ther Interest, nor Helps do follow the Alli­ance with this Crown, as likewise with pretext of particular resentment; for having suffered his Daughter and Grand-Children to be ruined for respect of the said Alliance.’

‘The Emperor, though he be well-affected, and obliged to us in making the Translation at this time, as businesses now stand (the Duke of Bavaria being possessed of all the Do­minions) although he would dispose all ac­cording to our conveniencies, it will not be in his power to do it, as your Majesty, and eve­ry body may judge: And the Memorial that the Emperor's Ambassador gave your Majesty yesterday, makes it certain; since in the List of the Souldiers, that every one of our League is to pay, he sheweth your Majesty, that Ba­varia for himself alone, will pay more than all the rest joyned together; the which doth shew his power and intention, which is not to ac­commodate matters, but to keep to himself the Superiority of all in this broken time, the Emperor is now in the Diet, and the Transla­tion is to be made in it.’

‘The Proposition in this Estate, is, by consi­dering the means for a Conference, which your Majesties Ministers will do with their Capacities, Zeal and Wisdom; and it is cer­tain, they will herein have enough to do. For the difficulty consists to find a way to make the present estate of affairs straight again, which with lingring, as it is said, both the power and time will be lost. I suppose the Empe­ror, as your Majesty knoweth by his Am­bassador, desires to Marry his Daughter with the King of England's Son. I do not doubt but he will be likewise glad to Marry his Se­cond Daughter with the Palatine's Son: Then I propound, that these two Marriages be made, and that they be set on foot presently; giving the King of England full Satisfaction in all his Propositions, for the more strict Union and Correspondency, that he may agree to it. I hold for certain, that all the Conveniences that would have followed the Alliance with us, will be as full in this: And the Conveni­encies in the great Engagement are more by this; for it doth accommodate the matter of the Palatinate, and Succession of his Grand-Children with Honour, and without drawing a Sword, and wasting Treasure. With this In­terest, the Emperor, with the Conveniencies of the King of England, and the Palatinate, the only means, in my way of understanding, to hinder those great dangers that do threaten, may accomodate the Business, and not sever himself from the Conveniencies and Engage­ments of Bavaria; and after I would reduce the Prince Elector, that was an Enemy, to the obedience of the Church, by breeding his Sons in the Emperor's Court with Catholick Doctrine.’

‘The Business is great, the Difficulties great­er perchance than have been in any other [Page 73] case. I have found my self obliged to present this unto your Majesty, and shall shew, if you command me, what I think fit for the dispo­sing of the things, and of the great Minister which your Majesty hath. I hope with the par­ticular Notes of these things, and all being helped with the good Zeal of the Conde Gon­domar, it may be God will open a way to it, a thing so much for his, and your Majesties Service.’

The Kings sincere intention in the Match was dayly obviated by new Conditions added to the former Demands, by the Pope and the King of Spain: the King and Prince both assented that the Children of the Match should continue under their Mothers Government till the Age of Ten, but no longer. ‘And that the Ecclesi­astical Superior do take notice of the Offence that shall be committed, and according to the merit thereof, either by Degradation deliver him to Secular Justice, or banish him the King­dom.’

But in the middle of these Treaties for the Match, Manheim is lost, and Heydlebergh taken, and the Emperor in the Diet at Ratisbone confers the Electrorate to the Duke of Bavaria; the Pro­testant Princes and States protest and declare against it as a thing contrary to the Agreements in the Capitulation Royal, and Fundamental Laws of the Empire: That his Brother and Chil­dren had not offended; who by the providence of their Ancestors, before the Fact of their Fa­ther, had an hereditary Right thereto. This thing was of very ill consequence to the rest of the Hereditary Electors; whose turn may be the next none knows, &c. The Catholicks reply, That the Electorate is devolved upon the Em­peror; that he may dispose of it as best pleaseth him; that as his Crim [...] was great, his punish­ment ought to be proportionable; and that the Count Mansfield is still in the Field, and open­ly prosecutes the Cause, &c. The other party re-assumes the Argument,

‘That the security of the Imperial Dignity, and the safety of the Empire, consisted in the Concord between the Emperor and the Princes Electors; and if his Imperial Majesty shall use this rigor, the Princes of Lower Saxony are of opinion, that there can be no Peace establish­ed: But this desired Reconciliation will give the Emperor a quiet possession of the Provinces recovered by the aid of the Electors and Princes; otherwise there is a fair pretention left for the renewing of the War; for that the Palatine's Sons and Brother are passed by in the translation of the Elector; and the King of Great Britain cannot but take it ill, to see his endeavours produce no better effect, but that his only Daughter and her Children are left in Exile.’

But all in vain; for the Emperor utterly refu­seth the Palsgrave's Restitution, or to shew any Favour to his Children; but saith he will no longer defer to compleat the Number of the Electors: And of the Emperors intention Sir Dudley Carleton gives the King from the Hague the Judgment which was there made of his Acti­ons, which was no other than this, That he ne­ver really intended the Restauration of the Ele­ctor; for that the Emperor was not content to have chased the Palsgrave out of Germany; but in the Propositions of the former Diet, made this an Article, to make War upon the Ʋnited Provinces, because (among other Quarrels) they gave Refuge to the expulsed Palatine.

And now the Match, as to the carrying it on, is put into the Hands of the Prince himself who, together with the Marquess of Buckingham, Sir Francis Cottington, Mr. Cottington, Mr. Porter and Mr. Graham, hazard a Journey into Spain, by the way of France, and Land at Boloigne, and thence Post for Paris, and had sight of a Mask there, and the first view of the Princess Henrietta Maria, his after-Queen and Consort, in Anno 1625. From thence in haste, and some difficul­ty, to Bourdeaux, and after to Bayon, the Con­fines of France; and from thence, no sooner gone, but that the Governour Count Graimont had notice by the Currier, (who carried the Ad­vice from hence to the King of Spain) that the Prince of Wales was gone thither.

Where he arrived at Madrid, Friday the 7th. of March at Eight a Clock at Night, in thirteen Days from Paris, seven hundred and fifty Miles, and alighted at Bristol's House, the Extraordinary Ambassador, and Sir Walter Aston Lieger, in­trusted under-hand to overlook the others acti­ons, in this particular, being hitherto suspected of the Prince, to be too much Catholick there. So that this sudden arrival startled Bristol, that was a stranger to the Journey; which met with such success afterwards, as the measure of his Malice did mete out; together with Gondamores regret (on the Spanish party) who with all his wisdom, more by estimation than merit, was abused also at home to credit what was com­manded to him, who thought nothing more sure than now to be effected.

The next Morning the Arrival of Buckingham was willingly discovered to Gondamore, and so to the Conde Olivares, the Spanish Favourite, and by him to the young King Philip, who gave him leave to visit the Marquess, and Order to be brought to the King in private, to whom he de­livered King James his Letters, and discovered that the Prince was come; and therefore with the Ambassadors was returned Olivares with the King's Salutations of Honour and Welcom. Where it was observed that Olivares would not be covered, though the first Grandee of Spain, who are not bare to their own King.

The next Sunday-Afternoon, though in Lent, upon design for the Princes desire to take view of his Mistress, the King, Queen, the Infanta, and the Infantes (Don Carlos and Don Ferdinan­do, his two Brothers) with a great Train of Coaches, took Air upon the Prado, a Publick Place of Recreation, where the Prince likewise (Disguised) in the Duke of Cea's Coach, with his English Train, made divers Turns, and so had sight of the Infanta, not refraining though to salute each other with seemly Congies.

The King desired to visit and embrace the Prince at the Earl of Bristol's House. But to avoid that disadvantage, the Prince would not be denied to pass to the King, who therefore appointed half way, where he staid, and there they met.

The King got out of his Coach first, and em­bracing the Prince with wonderful kindness, made incomparable professions of Love and Ho­nour.

To which the Prince Replied,

And taking Coach together, He forced the Prince therein first on the right hand, Bristol in­terpreting between them (for the Kings of Spain do not descend to give honour to the French Tongue) and return home by Torch-light.

On Monday the Prince was visited by Oliva­res, to let him know the Kings Publick Devo­tion unto the Monastery La Merced, attended on Horseback with a glorious Train, of which the Prince had sight, and so passed that Day in Recreation abroad.

The next Day the King sent two Dukes to visit the Prince, with this Complement.

For which Gondamore falls down at his Feet, and being by His Highness addressed to the Court, was instantly sworn.

Not long after was proclaimed a General Pardon of all Offcnces, and all Prisoners within General Pardon proclaim­ed. the Continent of Spain rel [...]sed; and all English Slaves for Pyracy or Afortal Crimes, were set at Liberty, and manifested to be done in contemplation of the Prince.

The 16th. of March appointed for the Prin­ces Triumphal Entry through Madrid, the day His Entry in Tri­umph. before, were presented two Barb-Gennets of ex­cellent value, for the Prince to chuse, and the other for the King.

The Morning come, four Counsellors of State were sent to attend, and to conduct him to the Monastery St. Jeronimo near Madrid; from whence the Kings of Spain make their solemn Entries of Coronation; where he was Feasted privately at Dinner by the King's Appointment.

Afternoon was spent by the Prince in giving Audience to the Inquisitor General, and to all the several Bodies of Counsels (which continually re­side in the Court at Madrid) except only the Council of State, which never makes Visit in Corps; the rest did: being of Castile, Arragon, Portugal, Italy, Militia, Indies, Treasury and Exchequer, &c.

The Corrigidor and Regidores of Madrid (the Governors) had Audience likewise.

About Four a Clock in the Even, comes the King; whom the Prince receives at the Gate; and all things in order, they dispose to be go­ing: 'They came in Coaches, but now all Mount on Horse-back in Magnificent manner; and ri­ding to the Entry of the Liberties of Madrid, there attonded twenty four of the Regidores, with a large Canopy of Tyssue, rich imbossed (be­ing their Office to bear it) were apparelled in rich Cloth of Tyssue, lined with Crimson Cloth of Gold; They both came under the Canopy, the Prince alwayes on the right hand; before them the Courts and Ministers of Justice; then the Grandees, and all the principal Noblemen, in excellent Bravery, attended by their Followers in rich Equipage and Liveries (a Custom in that Countrey, wherein they have excess.)

Next after the Canopy, followed the Marquess Buckingham, and the Conde Olivares, as Masters of the Horse to them both, with eithers Cloth of State; which Canopy was presented to Buck­ingham, as a Fee to him in that Office, and ser­ving for the Prince, in whose Honour that days Action was performed. Then the Earl of Bri­stol, between two of the eldest Counsellors of State, and a Gentleman of the Bed-chamber; Sir Walter Aston following them in like manner accompanied; the rest of the Council of State and Bed-chamber next after. Then that good­ly Guard de los Archeros, bravely clad in gallant manner; then numbers of gallant youth follow­ed, being of the Glory of that Court and King­dom.

The Windows decked (you may believe) with the painted Beauties of the most Famous Donna's, the Houses outwardly furnished with Hangings of Arras and Pictures; the Streets Scaffolded, and here and there in more eminency were raised Temporary Buildings, whereon the several Bo­dies of the Councils sate, to see and do reve­rence; and by the way several Pageants, Repre­sentations of the rare Comedians and Dancers; and all to give content to that Royal Pair, as they passed by, until they came to the Court-Gate.

The Queen and Infanta were Spectators, but The Qu­is visited. soon retired to the Palace, to receive the Visit; the King and Prince emb [...]acing, passed up to the Queens Quarter; whom She received at Her Chamber-Door; and conducted him to and under the Cloth of State; they sate on three equal Chairs, the Queen in the midst, the Prince on the Right Hand, the King on the Left.

The Room richly furnished; but more, by those excellent Beauties, the living Tapestry of Ladies, Noble-mens Children, called Menines.

And so stooped to her Knee.

And so passing half an hours Complement in French, which is natural to her, she brought them back to Her Chamber-Door.

The King conducting the Prince to his Lodg­ings, a Quarter of the Court prepared for him with all Magnificence. At the Entrance, stood the Infantes his two Brothers, and so all three conducted the Prince into his Bed-chamber. And then the King took the Right Hand; be­cause (said he) your Highness is now at home; and so left him to his peculiar Attendants, and other Officers of Honour, especially Grandees mixt amongst them to wait the Princes pleasure.

[Page 75] And within an hour comes the Conde de Bena­vente, as Major Domo to the Queen, with a present.

A Fair Bason of Massie Gold, born by two Men, a curious imbroidered Night Gown laid double in it, Two great Trunks bound with bands of pure Gold, Rich Pre­sents to the Prince studded very thick with nails of Gold, and Locks and Keys of the same. The Coverings and Linings were of Amber Leather, filled with several Delica­cies, curious Linnen, rich Perfumes A rich fair Desk, full of Rarities in each Drawer.

And Buckingham was remembred by a Present from the Countess Olivares.

Fire-works were made, and Torch-Triumphs Trium­phant Fire-Works. in all Houses and Windows for three Nights together by Proclamation, with wonderful accla­mations Night and Day, crying, Vive el Principe de Galles, Vive el Principe, &c.

And thus settled at his home, attended with all the like Officers as the King, and of the same rank and quality, with the one half of his Guard with golden Keys of the Court to dispose to such English as the Prince was pleased to intrust. Great Triumphs in preparation, and the principal No­bility in Arragon sent for to honour the Court, and for the glory and lustre of the same, the Edict for restraint of all excess in point of apparel was suspended.

Some daies after invited to run at the Ring, in presence of his Mistress, he took it at the first Takes the Ring in presence of his Mi­stress. course, with acclamations of joy and honour; The glory of which challenged fate to finish his desires with good success in the Infanta's favour. And although some daies had passed with utmost extremities of gallantry, yet saw he not his Mi­stress, but at those distances; which was excused by Olivares, That the custom of the Nation in Princely Overtures with Infanta's, was not to take view of nearer affections, till the dispensation from Rome should come to admit them Lovers. Yet (as a Prince) he had access often in presence of the King (for privacy is not admitted between Brother and Sister of Royal descent) yet the Prince at these interviews, spake to her by Bristol his Interpreter.

By this time the Court of Spain was changed into English Lords, and Buckingham created Duke Bucking­ham crea­ted Duke. by Patent, carried over by Viscount Doncaster, lately made Earl of Carlile, and every day brought thither the affluence of fresh Gallants of English Nobility, the Earl of Denbigh, Viscount Rochford, the Lord Kensington, Cacils, Herberts, Howards, not a Noble Family that failed to tell posterity what he had seen in Spain.

And now the Prince, so great was the zeal of the Romanists, must needs be importuned to be­come of their Religion, and the Pope himself writes to the Prince the Letter following.

‘MOst Noble Prince, We wish you the health and light of God's grace. Forasmuch as The Popes Letter to the Prince of Wales. Great Britain hath always been fruitful in ver­tues, and in men of great worth, having filled the one and the other World with the glory of her renown, she doth also very often draw the thoughts of the holy Apostolical Chair to the consideration of her praises. And indeed, the Church was but then in her infancy, when the King of Kings did choose her for his inheri­tance; and so affectionately, that 'tis belieyed, the Roman Eagles were hardly there, before the Banner of the Cross. Besides that, many of her Kings instructed in the knowledge of the true Salvation, have preferred the Cross before the Royal Scepter, and the Discipline of Religion before Covetousness; leaving examples of pie­ty to other Nations, and to the Ages yet to come; so that having merited the Principali­ties, and first places of blessedness in Heaven, they have obtained on Earth the triumphant or­nament of Holiness. And although now the state of the English Church is altered, We see, nevertheless, the Court of Great Britain adorned and furnished with Moral vertues, which might serve to support the Charity we bear unto her, and be an ornament to the name of Christianity, if withal she should have for her defence and protection the Orthodox and Catholick truth. Therefore by how much the more the glory of your most noble Father, and the apprehension of your Royal inclination de­lighteth us, with so much more zeal we de­sire, that the gates of the Kingdom of Heaven might be opened unto you, and that you might purchase to your self the love of the Universal Church.’

‘Moreover, it being certain that Gregory the Great, of most blessed memory, hath intro­duced to the people of England, and taught to their Kings the Law of the Gospel, and the respect of Apostolical authority; We, as infe­riour to him in holiness and vertue, but equal in name and degree of dignity, think it very rea­sonable, that we following his blessed footsteps, should endeavour the salvation of those Pro­vinces, especially at this time, when your design (most noble Prince) elevates us to the hope of an extraordinary advantage. Therefore, as you have directed your journey to Spain towards the Catholick King, with desire to ally your self to the House of Austria, we do commend your design, and indeed, do testifie openly in this present business, that you are he that takes prin­cipal care of our Prelacy: For, seeing that you desire to take in marriage the Daughter of Spain, from thence we may easily conjecture, that the antient seeds of Christian piety which have so happily flourished in the hearts of the Kings of Great Britain, may (God prospering them) revive again in your Soul. And indeed it is not to be believed, that the same man should love such an Alliance, that hates the Catholick Re­ligion, and should take delight to oppress the Holy Chair. To that purpose we have com­manded that most humble Prayers be made con­tinually to the Father of lights, that he would be pleased to put you as a fair Flower of Chri­stendom, and the only hope of Great Britain, in possession of that most noble Heritage which your Ancestors purchased for you, to defend the Authority of the Soveraign High-Priest, and to fight against the Monsters of Heresie. Remem­ber the days of old, enquire of your Fathers; and they will tell you the way that leads to Hea­ven, and what way the Temporal Princes have taken to attain to the Everlasting Kingdom. Behold the Gates of Heaven opened! The most holy Kings of England, who came from En­gland to Rome accompanied with Angels, did come to Honor and do homage to the Lord of Lords, and to the Prince of the Apostles in the Apostolical Chair; their Actions aud their Examples being as so many voices of God, speaking and exhorting you to follow the course of the lives of those, to whose Empire you shall one day attain.’

‘Is it possible that you can suffer that the He­reticks should hold them for impious, and con­demn those whom the faith of the Church testi­fies to reign in the Heavens with Jesus Christ, [Page 76] and have command and authority over all Prin­cipalities and Empires of the Earth? Behold how they tender you the hand of this truly hap­py Inheritance, to conduct you safe and sound to the Court of the Catholick King, and who desire to bring you back again into the lap of the Roman Church; beseeching with unspeak­able sighs and groans the God of all mercy for your Salvation, and to stretch out to you the Arms of the Apostolical Charity to embrace you with all Christian affection, even you that are her desired Son, in shewing you the happy hope of the Kingdom of Heaven. And indeed, you cannot give a greater consolation to all the peo­ple of the Christian World, than to put the Prince of the Apostles in possession of your most noble Island, whose Authority hath been held so long in the Kingdom of Britain for the defence of Kingdoms, and for a Divine Oracle. The which will easily come to pass, and that with­out difficulty, if you open your heart to the Lord that knocks; upon which depends all the happiness of that Kingdom. It is from this our great Charity, that we cherish the praises of the Royal Name, and that which makes us desire that you and your Royal Father may be stiled with the names of Deliverers and Restorers of the ancient and paternal Religion of Great Bri­tain.’

‘This is it we hope for, trusting in the goodness of God in whose hands are the hearts of Kings, and who causeth the people of the Earth to re­ceive healing, to whom we will always labour with all our power to render you gracious and favourable. In the interim take notice by these Letters of the care of our Charity, which is none other than to procure your happiness: and it will never grieve us to have written them, if the reading of them stir but the least spark of the Catholick faith in the heart of so great a Prince; whom we wish to be filled with long continuance of Joy, and flourishing in the glory of all Ver­tues.’

Given at Rome in the Palace of S. Peter, the 20th of April, 1623. in the third Year of our Pope­dom.

His Holiness also writes to the Duke of Buck­ingham, the Letter following.

[Page 77] To which the Prince is said to return an Answer as followeth.

[Page 78] But these sollicitations were all in vain, for the Prince was too well settled in his Religion, than to be gained upon by these Letters or the Spanish complements either; and now at last comes the Dispensation from Rome, but clogg'd with a Clause that was like to be the break-neck of the whole Match.

‘That whereas there were certain Articles condescended unto by the King of England, in favour of the Roman Catholicks in his Domini­ons, Caution should be given for the perfor­mance of those Concessions. The King an­swers, That he could give no other Caution, than his own and the Princes Oath, exemplified under the Great Seal of England. But this would not satisfie, unless some Sovereign Ca­tholick Prince would stand engaged for them. Hereupon the frame of things was like to fall a sunder, and a rumor went, that the Prince in­tended to get away covertly.’

At last the King of Spain himself, by the advice and approbation of his own Divines, engageth for the King and the Prince that they should per­form the points stipulated. So all difficulties be­ing at last surmounted, and the following Arti­cles, in order to the Match, were sworn unto by the King, Prince and Privy Counsel.

‘I. THat the Marriage be made by Dispensati­on Articles sworn to by the King, Prince, and Privy Council. of the Pope, but that to be procu­red by the endeavor of the King of Spain.’

‘II. That the Marriage be once only celebra­ted in Spain, and ratified in England, in form following. In the morning after the most Gra­tious Infanta hath ended her Devotions in the Chappel, she and the Most Excellent Prince Charles, shall meet in the Kings Chappel, or in some other Room of the Palace, where it shall seem most expedient; and there shall be read all the Procurations, by virtue whereof the Marriage was celebrated in Spain; and as well the most Excellent Prince, as the most Excel­lent Infanta, shall ratifie the said Marriage ce­lebrated in Spain, with all solemnity necessary for such an Act; so as no Ceremony or other thing intervene, which shall be contrary to the Roman Catholick Apostolick Religion.’

‘III. That the most Gratious Infanta, shall take with her such Servants and Family as are convenient for her service; which Family, and all persons to her belonging, shall be chosen and nominated by the Catholick King: So as he nominate no Servant which is Vassal to the King of Great Britain, without his will and consent.’

‘IV. That as well the most Gratious Infanta as all her Servants and Family, shall have free use and publick Excercise of the Roman Catho­lick Religion, in manner and form as is beneath capitulated.’

‘V. That she shall have an Oratory and De­cent Chappel in her Palace; where at the plea­sure of the most Gratious Infanta, Masses may be celebrated; and in like manner she shall have in London, or wheresoever she shall make her abode, a Publick and Capacious Church near her Palace, wherein all Duties may be solemnly celebrated, and all other things ne­cessary for the Publick Preaching of Gods Word, the Celebration and Administration of all the Sacraments of the Catholick Roman Church, and for Burial of the Dead, and Baptizing of Chil­dren. That the said Oratory, Chappel and Church, shall be adorned with such decency as shall seem convenient to the most Gratious In­fanta.’

‘VI. That the Men-servants, and Maid-ser­vants of the most Gratious Infanta, and their Servants, Children, and Descendents, and all their Families of what sort soever serving her Highness, may be freely and publickly Ca­tholicks.’

‘VII. That the most Gratious Infanta, her Ser­vants and Family, may live as Catholicks in form following. That the most Gratious Infanta shall have in her Palace her Oratory and Chappel so spacious, that her said Servants and Family may enter and stay therein; in which there shall be an ordinary and publick door for them, and another inward door, by which the Infanta may [Page 79] have a passage into the said Chappel where she and others, as abovesaid, may be present at Di­vine Offices.’

‘VIII. That the Chappel, Church, and Orato­ry may be beautified with decent Ornaments of Altars, and other things necessary for Divine Service, which is to be celebrated in them ac­cording to the Custom of the Holy Roman Church, and that it shall be lawful for the said Servants and others to go to the said Chappel and Church at all hours, as to them shall seem expedient.’

‘IX. That the Care and Custody of the said Chappel and Church shall be committed to such as the Lady Infanta shall appoint, to whom it shall be lawful to appoint Keepers, that no body may enter into them to do any un­decent thing.’

‘X. That to the Administration of the Sacra­ments, and to serve in Chappel and Church aforesaid, there shall be Four and twenty Priests and Assistants, who shall serve weekly or monthly, as to the Infanta shall seem fit, and the Election of them shall belong to the Lady Infanta, and the Catholick King. Pro­vided, That they be none of the Vassals of the King of Great Britain; and if they be, his Will and Consent is to be first obtained.’

‘XI. That there be one Superiour Minister or Bishop, with necessary Authority upon all occasions which shall happen belonging to Re­ligion; and for want of a Bishop, that his Vicar may have his Authority and Jurisdi­ction.’

‘XII. That this Bishop or Superior Minister may correct and chastise all Roman Catholicks who shall offend; and shall exercise upon them all Jurisdiction Ecclesiastical:’ ‘And moreover also the Lady Infanta shall have power to put them out of her Service, whensoever it shall seem expedient to her.’

‘XIII. That it may be lawful for the Lady Infanta and her Servants to procure from Rome Dispensations, Indulgences, Jubilecs, and all Graces, as shall seem fit to their Religion and Consciences; and to get and make use of any manner of Catholick Books whatso­ever.’

‘XIV. That the Servants and Family of the Lady Infanta, who shall come into England, shall take the Oath of Allegiance to the King of Great Britain: Provided, That there be no Clause therein which shall be contrary to their Consciences, and the Roman Catholick Religi­on; and if they happen to be Vassals to the King of Great Britain, they shall take the same Oath that the Spaniards do.’

‘XV. That the Laws which are or shall be in England against Religion, shall not take hold of the said Servants; and only the foresaid Superior Ecclesiastical Catholick may proceed against Ecclesiastical persons, as have been ac­customed by Catholicks: And if any Secular Judge shall apprehend any Ecclesiastical per­son for any offence, he shall forthwith cause him to be delivered to the aforesaid Supe­rior Ecclesiastick, who shall proceed against him according to the Canon-Law.’

‘XVI. That the Laws made against Catholicks in England, or in any other Kingdom of the King of Great Britain, shall not extend to the Children of this Marriage; and though they be Catholicks, they shall not lose the Right of Succession to the Kingdom and Dominions of Great Britain.’

‘XVII. That the Nurses which shall give suck to the Children of the Lady Infanta, (whether they be of the Kingdom of Great Britain, or of any other Nation whatsoever) shall be chosen by the Lady Infanta, as she pleaseth, and shall be accounted of her Family, and enjoy the pri­viledges thereof.’

‘XVIII. That the Bishop, Ecclesiastical and Religious persons of the Family of the Lady Infanta shall wear the Vestment and Habit of their Dignity, Profession, and Religion, after the Custom of Rome.’

‘XIX. For security that the said Matrimony be not dissolved for any Cause whatsoever; the King and Prince are equally to pass the Word and Honour of a King; and moreover, that they will perform whatsoever shall be propound­ed by the Catholick King for further confirma­tion, if it may be done decently and fitly.’

‘XX. That the Sons and Daughters which shall be born of this Marriage, shall be brought up in the Company of the most Excellent In­fanta, at least, until the Age of Ten years, and shall freely enjoy the Right of Successions to the Kingdoms, as aforesaid.’

‘XXI. That whensoever any place of either Man-servant, or Maidservant, which the Lady Infanta shall bring with her (nominated by the Catholick King her Brother) shall happen to be void, whether by Death, or by other Cause or Accident, all the said Servants of her Family are to be supplied by the Catholick King, as aforesaid.’

‘XXII. For security that whatsoever is capitu­lated, may be fulfilled, the King of Great Bri­tain and Prince Charles are to be bound by Oath; and all the King's Council shall confirm the said Treaty under their hands: Moreover, the said King and Prince are to give their Faiths in the Word of a King, to endeavour, if possible, That whatsoever is capitulated, may be esta­blished by Parliament.’

‘XXIII. That conformable to this Treaty, all these things proposed, are to be allowed and approved of by the Pope, that he may give an Apostolical Benediction, and a Dispensation necessary to effect the Marriage.’

The Private Articles were said to be these that follow; but they must be taken intirely upon the Credit of the Historical Collector; and so must the Oath of the Privy Counsellors too.

JAMES by the Grace of God, of Great Britain King Defender of the Faith, &c. To all to whom this present Writing shall come, Greeting. Inasmuch as among many other things which are contained within the Treaty of Marriage between our most dear Son Charles Prince of Wales, and the most Renowned Lady Donna Maria, Sister of the most Renowned Prince, and our well beloved Brother Philip the Fourth, King of Spain, It is agreed, That We, by our Oath, shall approve the Articles under-expressed to a word:

‘1. That particular Laws made against Roman Private Articles sworn to by the [...]. in fav [...]ur of Roman C [...]tho­licks▪ Catholicks, under which other Vassals of our Realms are not comprehended, and to whose observation all generally are not obliged; as likewise general Laws, under which all are equally comprized, if so be they are such which are repugnant to the Romish Religion, shall not at any time hereafter by any means or chance whatsoever, directly or indirectly be commanded to be put in execution against the said Roman Catholicks; and we will cause that our Council shall take the same Oath as far as it pertains to them, and be­longs to the execution which by the hand of them, and their Ministers is to be exerci­sed.’

‘2. That no other Laws shall hereafter be made anew against the said Roman Catholicks, but that there shall be a perpetual Toleration of the Roman Catholick Religion, within pri­vate Houses throughout all our Realms and Dominions, which we will have to be under­stood as well of our Kingdoms of Scotland and Ireland, as in England▪ which shall be granted to them in manner and form as is capitula­ted, decreed and granted in the Article of the Treaty concerning the Marriage.’

3. ‘That neither by us nor any other inter­posed person whatsoever, directly or indirect­ly, privately or publickly, will we treat (or atempt) any thing with the most Renowned Lady Infanta Donna Maria, which shall be re­pugnant to the Romish Catholick Religion; neither will we by any means perswade her that she should ever renounce or relinquish the same in substance or form; or that she shall do any thing repugnant or contrary to those things which are contained in the Treaty of Matrimony.’

4. ‘That we and the Prince of Wales will interpose our Authority, and will do as much as in us shall lie, that the Parliament shall approve, confirm and ratifie all and singular Articles in favour of the Roman Catholicks, capitulated between the most Renowned Kings by reason of this Marriage: And that the said Parliament shall revoke and abrogate particu­lar Laws made against the said Roman Catho­licks, to whose observance also the rest of our Subjects and Vassals are not obliged; as likewise the general Laws under which all are equally comprehended, to wit, as to the Ro­man Catholicks; if they be such as is afore­said, which are repugnant to the Roman Ca­tholick Religion, and that hereafter we will not consent that the said Parliament should ever at any time enact or write any other New Laws against Roman Catholicks.’

MOreover I Charles Prince of Wales, en­gage my self (and promise that the most Illustrious King of Great Britain, my most honoured Lord and Father, shall do the same both by word and writing) That all those things which are contained in the foregoing Articles, and concern as well the suspension as the abrogation of all Laws made against the Roman Catholicks, shall within three pears infallibly take effect, and sooner if it be possible; which we will have to lie upon our Conscience and Roy­al Honour. That I will intercede with the most Illustrious King of Great Britain, my Father, that the ten years of the edu­cation of the Children which shall be born of this Marriage with the most Illustrious Lady Infanta their Mother, accorded in the 23 Art. (which term the Pope of Rome de­sires to have prorogued to twelve years) may be lengthened to the said term: And I promise freely and of my own accord, and swear, That if it so happen that the entire power of disposing of this matter be devolved to me, I will also grant and approve the said term.

Furthermore I Prince of Wales oblige my self upon my Faith to the Catholick King, That as often as the most Illu­strious Lady Infanta shall require that I should give ear to Divines or others whom her Highness shall be pleased to employ in Matter of the Roman Catholick Re­ligion, I will hearken to them willingly without all difficulty, and laying aside all excuse. And for further caution in [Page 81] point of the free exercise of the Catho­lick Religion, and the suspension of the Law above-named, I Charles Prince of Wales, promise and take upon me in the word of a King, that the things above promised and treated concerning those Matters, shall take effect, and be put in execution as well in the Kingdoms of Scotland and Ireland, as of England.

In taking the Oath, the King made some Scruple at the Pope's Title [Most Holy;] as also did the Constable of Castile, at his being pre­sent at our Service; but both of these were at last adjusted; and now comes the Bishop of Calcedon by Title, to exercise Jurisdiction over the Catholicks of this Kingdom, and the Chap­pel of St. James's was building for the Infa [...]ta; where Don Carlos de Colonna laid the first Stone; and her Picture was every where exposed, and the Dissenters from this Match, particularly Mr. Alured in a Letter to the Duke of Bucking­ham, is said to have perswaded him to break it off.

Now France thought it high time to unite its strength against the House of Austria; and the Protestants that were banished, were permitted to return, and to rebuild their ruin'd Churches; and this Benefit did this overture of a Match with Spain produce for that people. Gregory the 15th. now dies, and Cardinal Barbarino, by the Name of Ʋrban the 8th. succeeds; who, upon his Promotion, addresses the Two Letters fol­lowing, one to the King, the other to the Prince.

[Page 85] However the Match began for all this to tend to­wards a breach, and though several methods were drawn up, and means made use of to give ease to the English Roman Catholicks; yet it did not rellish with the generality of the Kings Subjects, and in Spain during the Princes abode there Sir Edmund Verney struck a Sorbon Doctor for en­deavouring to pervert one of the Princes Pages, and the Duke himself as to his carriage and garb, as being too much French, was not rellished, and the Earl of Bristol was by the Spaniard vogued as the more able Minister, and the truth is Bucking­ham and Bristol were of very different opinions in this matter; But this stay of the Match was not in the least acceptable to the English Papists, and 'tis said, that Sir Toby Matthews in particu­lar did openly declare, that Spain by their delays would draw on unspeakable miseries on the Ca­tholicks of this Kingdom, if the Match should at last end in a rupture.

And now the Prince prepares for his depar­ture from the Court of Spain, and leaves a Proxy in the Hands of the Earl of Bristol, and withal contrary Orders that it should not be made use of till further directions from him. There had hapned some private disgusts between the Duke of Buckingham and the Conde de Olivares, which also gave some hindrance to the progress of this great affair; however the Prince was universally esteemed in Spain for his great Affability, Con­stancy and Gravity, as well as unparalleld Beauty. He departs from Madrid on the 12th of September, where the Queen and Infanta are pre­par'd in great magnificence to receive his Fare­wel; ‘and he is accompanied by the King of Spain onwards of his way towards the Escurial and feasted, where the King declared The Ob­ligation which the Prince had put upon him, by putting himself into his Hands, a thing not usual with Princes; protesting that he earnestly desired a near Conjunction of Brotherly affecti­on, for the more intire unity betwixt them. The Prince replied to him, magnified the high favours which he found, during his abode in his Court and presence, which had begotten such estimation of his worth, that he knew not how to value; but he would leave a Mediatrix to supply his own defects, if he would make him so happy as to continue him in the good opinion of her, his most fair and most dear Mistris.’

‘A great Train of the Spanish Nobility attends the Prince to his Ship, where they are Treated by him on board; who afterwards bringing them back ashore is surprized by a sudden storm, and with extreme difficulty exposeing a light from a Ship, one of the outmost of the Fleet, is with great hazard reimbarqued, and is said to have, amongst others, spoke these words at his arri­val, That it was a great weakness and folly in the Spaniard, after they had used him so ill, to grant him a free departure.’

He arrived at Portsmouth the Fifth of October following, where with the universal joy of the People he is welcomed and received, and at his arrival at London, the City (so numerous were the Bonesires) seemed all on a flame; after the Princes departure a rumor was spread in the Court of Spain that the Ratification was come from Rome, which gave occasion to that party with whom the orders were left, that the Proxy should not be delivered till farther order from the Prince, to deliver his Instructions to Bristol, who was very much troubled thereat, but said 'twas very advisable that all these matters should be kept very private, lest the Prince should be stopt by the Spaniards. Bristol however gives not over this matter, but sollicites it afresh at the Court in England, by his Letters to the Prince, and adds for Arguments the greatness of the Infanta's Portion 2000000 of Money, that this match would bring on an universal Peace and the re­stitution of the Palatinate, settle the two Mo­narchies in amity for ever; but if a breach should happen, he left it to his Highness to consider of the consequents thereof. But all in vain, for the Prince and Buckingham hast to the King and give him a perfect Narration of all, as well the Spa­niards delays as Bristols miscarriages. And now the King by advice of the Privy Counsel abso­lutely insists upon the restitution of the Palati­nate, thanks the King for the Magnificent enter­tainment of his Son whilest in Spain, and he ac­quaints Bristol that he thinks one of the Holy­days in Christmass to be the fittest time for the celebration of the Marriage, it being a time of Festivity. But these Advises please not Bristol, who writes again in an Argumentative way against them to the King, but prevails nothing; for the King, Prince, Duke and People, seem now nothing so forward as formerly, but on the contrary a Parliament is resolved to be called for their advice in the Princes Match, and Bristol is again positively commanded to follow his new instructions. The King in the mean time makes some overtures and proposals to the Palsgrave, as that upon a due submission to the Emperor, which might be noble too, the Emperor might be indu­ced to bestow the Electorate upon his Son, and if a Match 'twixt the Emperor's Daughter and his Son should ensue, he might live in the Court of En­gland with the Prince of Wales and Infanta, and so all objection about his Education be remo­ved, and so all things might at last settle on their [Page 86] old bottom. But these matters were not at all acceptable to the Elector, who gave reasons against those from the present conjuncture of Af­fairs in Germany, as that all the Protestant Prin­ces had declared the Restitution of the Palatinate to be the only means to restore Peace to Germany, and their hearty chearfulness to this good work was sufficiently testified by the Duke of Bruns­wick's Levies, and that the most part of those who fought under the Imperial Banner were of a contrary Religion and affection; that the King of Denmark was ever ready to joyn Arms with his Majesty of Great Britain, whereby in all proba­bility a restitution of all would at last be infal­libly obtained: And there were not wanting those here at home who were ever forward to put the King on in this War, though the Parliament was not at all forward in the advance of Moneys towards it; Vote indeed they did to assist the King herein with their Lives and Fortunes, but then the matter of Grievances, Religion, Liber­ty and Property always interpose, and some quarrel or other, upon one of these accounts, is ever started and managed by some popular and Tribunitial Orators of the Lower House to the spoiling of all, ever bringing a Dissolution of that Parliament with them; and then at their recess into the Country, the Peoples ears are fill'd with misrepresentations of these matters, and jealousies and fears by all ways and means every where stir'd up.

Endeavours were now used to piece up the old and antient Union 'twixt us and the United Netherlands, which of late Years, by reason of Barnevelt's influence on those States, were very much shaken and not quite broke; for in stead of those submissive Answers usually given him and the late Queen, their best Friends, their stile grew now to become lofty, high and peremptory, not over grateful in respect of those constant Friendships and supports ever in the greatest straits afforded them always here, and one mat­ter which encouraged them hereto, was that the King had surrendred up their Cautionary Towns, a strong bridle ever on that People, too mutinous and not ever over thankful. The matters were heartily and on very good grounds as to the an­tient things represented to the King, but for that time laid aside, for indeed the grand matter of the Match took up all our Debate now at this time; and the Ratifications in the beginning of December arrived from Rome in Spain, to the Uni­versal joy of that People, which their Bonefires and great Ordinance declared. The King of Spain to manifest his readiness, prepares for the Espousals, settles the Infanta's Family and Offi­cers, she applies her self dayly to the learning of the English Tongue, our Embassadors demean themselves to her as Subjects, and Bristol pro­vides costly Equipage for the Solemnity; but all is in pieces by the opening the new Instructions, the Infanta discontinues the study of our Language, and was no longer treated or stiled the Princess of England. And thus ended this great Treaty which was so many years carrying on, and now seemed to be brought to perfection, in the begin­ning whereof the Spaniards sincerity was very questionable, but in the end he appeared very hearty and real: But our King being not willing to play an aftergame, as to the restitution of the Palatinate, insisting upon its immediate delivery, did on that account break it of.

Bristol (for which afterwards he was called home, as we shall in the sequel of this History manifest) having demurr'd (as is before inti­mated) upon the new Instructions, sends his Apology to the King, which is not admitted, for that Buckingham played the surer and more acceptable game at the Court, and procures his revocation from his Embassie, which being com­municated by him to the Conde de Olivares, and having desired of him a day to take his leave of his Majesty of Spain, he is said in the presence of Sir Walter Aston, and Conde Gondomar, thus to bespeak the Earl, That the King had received large advertisements, with what malice and rancor his Enemies did prosecute him, and how powerful they are in England; And in regard that the envy which was drawn upon him proceeded from his earnest endeavours to accomplish the Match; and that the particular fault laid to his charge, was, in point of delivering the Proxies deposited in his hands, that his Majesty takes it to Heart, and judgeth himself touched in his Honour, if for this cause his enemies shall prevail so far, as to work his ruine or disgrace: And Olivares offers Bri­stol large Prefer­ments in the Kings name, when he was to take his leave. therefore he will write to the King of Great Bri­tain, and send a particular Ambassador, if it be needful, to mediate for him; for that he had served his Master with that exactness and fideli­ty, which deserved not only to be assisted by all good Offices, but to be rewarded and published: And his Majesty, for the example of his own Subjects, and for encouragement of all such as should serve their Princes with the like Loyalty, had sent him a Blank, signed by himself, where­in he might set down his own Condirions, both in point of Title and Fortune. And this he did in no wise to oblige another Prince's Subject, but only to give encouragement to honest and faith­ful proceedings: And therefore he would not make these offers in private, but open and justi­fiable to all the World: And would accompany all that he should do with a Declaration or Pa­tent, That what he had done for the Earl of Bristol, was for the fidelity wherewith he had served his own Master.

Whereunto the Earl answer'd, That he was Bristol's Answer to those Pro­fers. sorry, and much afflicted to hear such language; and desired that they should understand, that nei­ther this King nor Spain were beholding to him; for, whatsoever he had done, he thought the same to be fittest for his Master's service, and his own honour, having no relation to Spain; and that he served a Master, from whom he was assured both of justice and due reward; and no­thing doubted, but his own innocency would pre­vail against the wrong intended by his powerful Adversaries: And were he sure to run into im­minent danger, he had rather go home, and cast himself at his Master's Feet and Mercy, and therein comply with the duty and honour of a faithful Subject, though it should cost him his Head, than be Duke or Infantado of Spain: And that with this resolution he would imploy the ut­most of his power to maintain the amity between the two Kings and their Crowns, and to serve his Catholick Majesty.

After he had taken his leave, a Sum of Mo­ney was offered him, which was told him he might receive, for that no body knew of it, and so it could not be discovered. ‘But he re­plied, Yes, one would know it, who, he was assured, would reveal it to his Majesty, viz. the Earl of Bristol himself; and it would make him not so clear in his own Heart as now he was:’ And so he refused the offer.

The Match was now quite broken, yet the [Page 79] Treaty kept▪ seemingly on foot, the Spaniards expect a War from England, and prepare for it; the Jewels were not restored, but ready to be returned: and they now receive News of an intended Marriage with France, with the Lady Henrietta Maria, now carrying on by the Ambas­sador the Lord Kensington, now Earl of Holland, who gave a very fair and favourable account of the kind reception his Embassie met with; as that the Princess her self was observed to be ve­ro chearful of countenance at his first appear­ance; That the Queen, though her self a Daugh­ter of Spain, was very free in it; and the Queen Mother very hearty, so far as might stand with her Daughters honour; the Statists there judge it very adviseable, it being a most fit Expedi­ent to put a stop to the growing greatness of Spain, being in confederation with Holland and the Duke of Brunswick; ‘and that their hearts are not capable of more content, than to see this Motion upon a publick Commission, and all that may touch upon the way of Spain dis­solved. Neither are they like to strain us to unreasonable Conditions in favour of the Ro­man Catholicks in his Majesties Dominions: For in that matter their Pulse beat so temperate­ly, as to promise a good Crisis therein: And in case his Majesty be drawn to banish the Priests and Jesuits, and to quicken the Laws against other Catholicks, to keep a good intelligence with his Parliament; yet, they say, they hope he will not tie his hands from some moderate favour, to flow hereafter from the mediation of that State, which is all they pretend unto for the saving of their Honour, who otherwise would hardly be reputed Catholicks.’

‘Holland adviseth Expedition in the Match, lest it might be intrigued by the Spaniard;’ who, no doubt would endeavour somewhat of that nature: Hereupon our King adviseth on the Calling of a Parliament in good earnest, and upon very fair and probable Circumstances; but before, endea­vours to settle his Kingdoms in a strict alliance with those to whom Neighbourhood, or Alliance, or the common Interest of State and Religion had any way linked him; and accordingly the Parliament is summoned Feb. 19. at Westminster; and the King thus bespeaks them.

‘I Have Assembled you at this time, to im­part to you a Secret, and Matter of great The Kings Speech to the Parli­ament. importance, as can be to my State, and the state of my Children; wherein I crave your best and safest Advice and Counsel according as the Writ whereby you were Assembled, imports; That the King would advise with you in Matters concerning his Estate and Dignity, And as I have ever endeavoured, by this and the like ways, to procure and cherish the Love of my People towards me, so I do hope, and my Hope is ex­ceeded by Faith; for I do fully now believe, that never any King was more beloved of his People; whom, as you, my Lords and Gen­tlemen, do here represent, so would I have you truly to represent all their Loves to me; that in you, as in a true Mirrour or Glass, I may per­fectly behold it; and not as in a false Glass, that represents it not at all, or otherwise than it is indeed. Give me your free and faithful Counsels in the Matter I propose, of which you have often heard, the Match of my Son: where­in, as you may know, I havt spent much time, with great Cost, in long Treaties, desiring al­ways therein (and not without great reason, ho­ping to have effected my Desires) the advance­ment of my State and Children, and the General Peace of Christendom, wherein I have constant­ly laboured, depending upon fair Hopes and Promises. At the earnest instance of my Son, I was contented (although it was of an extra­ordinary Nature) to send him to prosecute his desires in Spain, and for his more safety, sent Buckingham (in whom I ever reposed most trust of my person) with him; with this Com­mand, Continually to be present with him, and never to leave him, till he had retunr­ed again safely unto me. Which he per­form'd, though not with that effect in the busi­ness that I expected, yet not altogether without profit; for it taught me this point of wisdom, Qui versatur in generalibus, is easily deceived; and that Generality brings nothing to good is­sue; but that before any matter can be fully fi­nished, it must be brought to particulars: For, whenas I thought the Affair had been before their going, produced to a narrow point, re­lying upon their general Propositions, I found, when they came there, the matter proved to be so raw, as if it had never been treated of; the Generals giving them easie way to evade, and affording them means to avoid the effecting of any thing.’

‘The Particulars that passed in the Treaty, I mean not now to discover to you, the time be­ing too short; I refer you to Charles and Buck­ingham, and the Secretaries Reports, who shall relate unto you all the Particulars. And after that, super totam materiam, I desire your best assistance to advise me, what is best and fittest for me to do for the good of the Common­wealth, and the Advancement of Religion, and the Good of my Son, and my Grand-Children of the Palatine. And of your Estate, I know you cannot but be sensible, considering that your welfare consists in ours; and you shall be sure to have your share in what misery shall befal us: And therefore I need to urge no other Argument to you in this behalf, in of­fering me your wifest and surest Counsel and furtherance. And I assure you in the Faith of a Christian King, that it is res integra presented unto you, and that I stand not bound, nor ei­ther way engaged, but remain free to follow what shall be best advised.’

‘To plant is not sufficient, unless, like good Gardners, you pluck up the Weeds that will choak your Labours; and the greatest Weeds among you, are Jealousies; root them out. For my Actions, I dare avow them before God; but Jealousies are of a strange Depth. I am the Husband, and you the Wife; and it is sub­ject to the Wife to be jealous of her Husband: Let this be far from you. I can truly say, and will avouch it before the Seat of God and An­gels, that King never governed with a purer, sincerer, and more incorrupt heart, than I have done, far from all will and meaning of the least error or imperfection of my Reign.’

‘It hath been talked of my Remisness in main­tenance of Religion, and suspition of a Tole­ration: But, as God shall judge me, I never thought nor meant; nor ever in word expressed any thing that savoured of it. It is true, that at times, for reasons best known to my self, I did not so fully put those Laws in execution, but did wink and connive at some things, which might have hindred more weighty Affairs; but I [Page 88] never in all my Treaties, ever agreed to any thing, to the overthrow and disagreeing of those Laws; but had in all a chief preservati­on of that Truth, which I have ever professed. And, as in that respect, I have a charitable con­ceit of you, I would have you have the like of me also, in which I did not transgress: For it is a good Horse-man's part, not always to use his Spurs, and keep strait the Reins, but sometimes to use the Spurs, and suffer the Reins more remiss; so it is the part of a wise King, and my Age and Experience in Government hath informed me, sometimes to quicken the Laws with streight Executions, and at other times, upon just occasion, to be more remiss; And I would also remove from your thoughts all Jealousies, that I might, or ever did questi­on or infringe any of your Lawful Liberties or Privilegdes; but I protest before God, I ever intended you should enjoy the fulness of all those that former Times give good warrant and testimony of; which, if need be, I will enlarge and amplifie.’

‘Therefore I would have you, as I have in this place heretofore told you, as St. Paul did Timothy, avoid Genealogies and Curious Que­stions, and nice Querks and Jerks of Law, and idle Innovations; and if you minister me no just occasion, I never yet was, nor ever shall be curious or captious to quarrel with you: But I desire you to avoid all doubts and hinde­rances, and to compose your selves speedily and quietly to this weighty Affair I have propos'd; for that I have found already, Delays have pro­ved dangerous, and have bred distraction of this business; and I would not have you by other occasions to neglect or protract it. God is my Judge, I speak it as a Christian King, Ne­ver any wayfaring man, that was in the De­sarts of Arabia, and in danger of Death, for want of Water to quench his Thirst, more de­sired Water, than I thirst and desire the good and comfortable success of this Parliament, and blessing upon your Counsels, that the good issue of this may expiate and acquit the fruitless issue of the former, And I pray God, your Coun­sels may advance Religion and the publick weal, and the Good of me and my Children.’

Feb. 21. The Commons chuse and present Sir Thomas Crew for their Speaker, who prayes his Excuse; and being denied it, he made this Speech.

‘SInce I cannot bring an Olive-Branch in my The King approves Sir Tho. Crew for Speaker; who made this Sp. mouth, as a Sign of my Peace, and that God (in whose hands are the hearts of Kings) with­out whose Providence a Sparrow doth not fall to the ground, whom no man can resist, hath incli­ned your Majesty to cast your eye of Grace on me & to confirm me in this place; I am taught in the best School, that Obedience is better than Sacrifice. And I will only say with a Learned Father, Da Domine quod jubes, & jube quod vis. Other­wise I have great cause to be affraid of such a Charge, to be executed before so great a Maje­sty, and in so great an Assembly, but that I hope your Majesty will extend your Scepter of Grace, as Ahasuerus did, to sustain me in my fainting.’

‘Your Majesty is Princeps Hareditarius, de­scended from both the Roses, and hath united both the Kingdoms: At your first Entrance you wr [...]ught a wonder in the Tumult of our Cares, and Cloud of our Fears, happening upon the Death of the late Queen, by the bright Beams of your Sun-shine, which a Poet elegantly ex­pressed, Mira cano, Sol occubuit, Nox nulla secuta est. There was a David in Hebron, and no Ishbosheth to disturb your peaceable Entrance; but the Acclamations of all your Subjects and Commons, concurring to express their great contentment. This was no sudden Flash of Joy, but a constant blessing, by the continu­ance of the Gospel and true Religion, maugre the Malice and hellish invention of those, who would have blown up all at once; but God laughed them to scorn, and they fell into their own Trap. These things I leave to your Ma­jesties Royal Remembrance, as a Duty to be practised, and to be expressed by our thankful­ness to our holy God; for it is a good thing to be thankful: Non est dignus dandis, qui non agit gratias pro datis.’

‘Since my designment to this place, I called to mind these Statutes of late times, and find two of especial note; the first, of 32 H. 8, which was called Parliamentum doctum, for the many good Laws made for the setling of Possessions. The other, 39 Eliz. which by a Reverend Divine was called Parliamentum pium; because the Sub­jects thereby were enabled to found Hospitals without Licence of Mortmain, or ad quod dam­num, and other charitable Laws, which I omit, being not perpetual. And I likewise called to mind many glorious offers made by your Ma­jesty, and other good Provisions at the two last Meetings. Now your Majesty hath stretched forth your Scepter to call us to you again, and hath made Declaration, that all Jealousies and Distractions might be removed, and the memo­ry of Parliament-Nullities might be buried. And my desire is, that your Majesties influence may distil upon us, and you proceed in such a sweet harmony and conjunction, that Righte­ousness and Peace may kiss each other; and that Mercy and Truth may meet; and the world may say, Ecce quam bonum & quam jucundum Regem & Populum convenire in unum.’

‘And, for perfecting of this work, the good Bills against Monopolies, Informers, and Con­cealers may now pass, and receive strength, with General, Liberal, and Royal Pardon, accord­ing to the bounty of the late Queen; that so this Parliament may be called Felix, Doctum, & Pium; which will be good to your Subjects, and no diminution to your Revenue, or dero­gation to your Prerogative, which in your Ma­jesties hands is a Scepter of Gold, but in others hands is a Rod of Iron. I need not speak in the praise of the Fundamental Com­mon Laws: Veritas Temporis filia; Time hath sufficiently justified them. Monarchy is the best Government; and of Monarchies, those which are hereditary. The best supply of your Majesties wants is in Parliament, where the Subject is bound by his own consent; other courses of Benevolence come heavily. The Subjects enjoy the Gospel freely by your pro­tection, and your Majesty may be safe in their Loyalty; other Safeties are but as Ajax his Shield, a weight rather than a defence. Their desire is, that the good Laws for Religion may be confirmed; and that the generation of Lo­custs, the Jesuits and Seminary Priests, which were wont to creep in corners, and do now come abroad, may be, by the execution of these good Laws, as with an East-wind, blown over [Page 89] the Sea. Our late Queen Elizabeth lived and died in peace; the Pope cursed her, but God blessed her: And so shall your Majesty, having God to your Friend, find safety in the Ark of true Religion, and when you are old and full of days, Land you in Heaven; and then your hopeful Prince, which sprang out of your own Loins, shall sway that Scepter, which you must leave, to enjoy a Crown Celestial; and God in his due time will restore the distres­sed Princess, her Husband and Royal Issue, to that Inheritance which is now possessed by the usurping Sword of their Enemies; whereof we are the more confident, because that Countrey was heretofore a Sanctuary in our distress, when Religion was here persecuted. Cato was wont to say, Hoc sentio, & Carthago destruenda est, But I say, Hoc sentio, & Palatinatus recu­perandus est.’

‘The Question was put to a Lacedemonian, Why their City wanted Walls? who answered, Con­cord was their Walls. Your Majesty, under God, is a sole and an entire Monarch, whose Walls are the Ocean without, and fortified within with a Wall of Brass, the Bond of Unity and Religion: And happy is that place, of which it may be said, as of Jerusalem, It is a Ci­ty at Ʋnity within it self. Neither is your Go­vernment confined within the Limits of this Kingdom, but extends it self to Ireland, where your Majesties care and pains in our late Em­ployment, gave divers provident Directions for the setting forth of Religion, the reform­ing of Courts of Justice, and the inflicting pu­nishment on the Disturbers of the publick Peace: And I was Ocularis Testis, that you have made these ample Endowments of Churches out of your own Escheated Revenue, as will be to your honour in all posterity. But my de­sire is, as well in the beginning, as in all other our proceedings, our words may be vera, pauca, & ponderosa.’

‘Therefore with your gracious favour, accord­ing to ancient Presidents, we are humble Sui­tors, that you would be pleased to allow our ancient priviledges. And that for our better attendance, our Persons, Goods, and necessa­ry Attendants may be free from Arrests; and that we may have liberty of free Speech, not doubting but we shall confine our selves with­in the Limits of Duty. And because this great business may give us occasion often to resort to your Majesty, that upon our publick Suit, you will be pleased to give us your own fit time of access; and that all our actions may have a be­nign interpretation, and a good acceptation and opinion.’

‘Lastly, That I may not only be a Speaker, but an humble Suitor, protesting by the great God, by whom Kings do reign, that whatsoe­ver I have said, hath proceeded from a Loyal heart; I therefore desire that may be covered with the Vail of your Gracious Construction, or acquitted by Gracious Pardon.’

And the whole Match being put by the King into the Parliaments Hand, the Duke of Buck­ingham did by the Narrative following, which the Prince likewise attested, acquaint the Houses as followeth:

To which Representation his Majesty returned this Answer.

‘MY Lords and Gentlemen all, I might have His Maje­sties An­swer to that Justi­fication. reason to speak nothing in regard of the person whereof you speak; but in regard of your Motion, it were not Civil: For if I be si­lent, I shall wrong neither my self, nor that Nobleman, which you now speak of, because he is well known to be such an one, as stands in no need of a Prolocutor, or Fidejussor, to un­dertake for his fidelity, or well carrying of the business: and indeed to send a man upon so great an Errand, whom I was not resolved to trust for the carriage thereof, were a fault in my discretion scarce compatible to the love and trust I bear him. It is an old and true saying, That he is a happy Man that serves a good Master; and it is no less truth, That he is a happy Master that enjoys a faithful Servant.’

‘The greatest fault (if it be a fault) or at leastwise the greatest error. I hope he shall ever commit against me, was his desiring this Justifi­cation from you; as if he should have need of any Justification from others towards me, and that for these Reasons.’

‘First, Because he being my Disciple and Scho­lar, he may be assured I will trust his own Rela­tion.’

‘Secondly, Because he made the same Relation unto me, which he did afterwards unto both Houses; so as I was formerly acquainted both with the matter and manner thereof: And if I should not trust him in the carriage, I was alto­gether unworthy of such a Servant. He hath no Interest of his own in the business; he had ill thoughts at home for his going thither with my Son, although it was my command, as I told you before. And now he hath as little thanks for his Relation on the other part; yet he that ser­veth God and a good Master, cannot miscarry for all this.’

‘I have noted in his Negotiation these three markable things, Faith, Diligence, and Discre­tion, whereof my Son hath born record unto me; yet I cannot deny, but as he thought to do good service to his Master, he hath given ill example to Ambassadors in time to come, be­cause he went this long journey upon his own­charges. This would prove an ill example, if many of my Ambassadors should take it for a President. He ran his Head into the yoke with the People here, for undertaking the journey; and when he there spent above Forty or fifty thousand pounds, never offered his accompt, nor made any demand for the same, or ever will. I hope other Ambassadors will do so no more. I am a good Master, that never doubted of him; for I know him to be so good a Scholar of mine, that I say without vanity, he will not exceed his Masters Dictates; and I trust the re­port not the worse he made, because it is ap­proved by you all; yet I believe an honest man, as much as all the World, and the rather, be­cause he was a Disciple of mine. And I am glad he hath so well satisfied you, and thank you heartily for taking it in so good part, as I find you have done.’

[Page 94] And now both the Houses concur in one Vote, That the King cannot honourably go on in the Treaty with Spain for the restitution of the Pa­latinate, which they fortifie with the subsequent Reasons and Addresses following.

‘WE are come unto you, imployed from your most faithful Subjects, and Servants, the Lords and Commons assembled in this present Parliament.’

‘And First, They and we do give most humble and hearty thanks unto Almighty God, that out of his Gratious goodness he hath been pleased now at last to dispel the Clouds and Mists which for so many years have dimmed the eyes of a great part of Christendom, in the business whereof we do now consult.’

‘And secondly, We acknowledge our selves most bound unto your Majesty, that you have been pleased to require the humble Advice of us your obedient Subjects in a Case so important as this is, which hitherto dependeth between your Majesty and the King of Spain, Which we joynt­ly offer from both Houses, no one person there dis­senting or disagreeing from the rest. And it is up­on mature consideration, and weighing many particulars of sundry natures, that finding so much want of sincerity in all their proceedings We, super totam Materiam, present this our Address unto your Majesty; That the Treaties both for the Marriage and the Palatinate may not any longer be continued with the honour of your Majesty, the safety of your People, the welfare of your Children and Posterity, as also the assurance of your antient Allies and Confe­derates.’

Reasons were also presented, to fortifie this Vote.

‘Whereas the Propositions of the Match were at the first no more than Liberty of Conscience to the Infanta and her Family, which the King might in honour grant; the Spaniards taking ad­vantage of the Prince's being in Spain, importu­ned a General Connivance of Religion, to the diminution of the King's Soveraignty and against the usage of other Catholick Princes in the like Treaties, and to the discouragement of all his well-affected Subjects. And this they have laboured with the Pope, being of mischie­vous consequence. During this Treaty, the Po­pish Faction hath mightily increased: and where­as heretofore they were wont to be divided, some taking part with the Secular Priests, and some with the Jesuites, they are united; which is a matter of great consequence, considering they do as well depend on Spain for Temporal matters, as on Rome for Spiritual: And they cannot be suppressed, as long as the Treaty holds.’

‘They have by this Treaty devoured our Al­lies, and the Protestant Party in Germany and elsewhere, to the decay of true Religion, and to the jealousie of our Friends beyond the Seas. During this Treaty of Love, they have spoiled his Majesties Son-in-law of his Lands and Ho­nours; and notwithstanding promises of Resti­tution, still invaded his Rights and at length turned pretended Difficulties into apparent Im­possibilities. They have deluded our King, and offered ind [...]gnity to our Prince, by impor­tuning him again and again to a Conversion, con­trary to the Law of Hospitality, and the Pri­viledge of Princes.’

‘The insincerity of their Proceedings is to be seen by that former Overture of Marriage for the late Prince Henry, which after many speci­ous Motions, was followed with a disavowing of their own Ambassador, and a scornful Pro­position made to the King, of the Prince's al­tering his Religion. As also by the Treaty of Bruxels, where the Lord Weston found nothing but delays and deceit; and after divers perem­ptory Commands from Spain for his Majesty's satisfaction, it wrought no other effect than the besieging and taking of Heidelburgh; insomuch that the Ambassador was forced to Protest, and return.’