You have seen the Scots preparing for War, his Majesty, being not acquainted with these Passages, resolves also upon the raising of an Army, and accordingly by Commission, 14 Feb. Anno Reg∣ni 15. he appoints Algernon Earl of Northumber∣land General; and afterwards by another Com∣mission Thomas Lord Viscount Wentworth, Lord Lieutenant of Ireland, to be Lie••tenant General to the Earl of Northumberland, to imploy and dispose of the said Army to be raised for de∣fences, or otherwise as they should be directed by his Majesties Instructions, &c. We may well imagine the Scotch Revolters having so well pre∣pared in their former Atchievements had no less encouragement than formerly for the undertaking of another War, it fortuned that November the 19. being the Anniversary night of the King's Birth-day, a great part of the Walls of the Ca∣stle of Edenburgh fell to the ground, with the Cannons mounted: which caused such a consterna∣tion, such an Alarm in the Castle, as if they had been undermined and surprized; but that was not all, for this casualty upon a time of so much remarque, could then receive no other constru∣ction from the Grammar of Superstition, than an ominous presage of the ruin of the King's de∣sign; especially considering that at that very same night the Scotch Commissioners returned from England to Edenburgh, so that the dilapidation seemed to import an humble prostration to the Idolized Covenant.
But the craftiest (I say not the wisest) of the Combination, would not trust to such fallacious conjectures; but willing to apprehend, and lay hold of any thing which offered its service to their enterprise, made a politick use thereof, and the King having appointed the Lord Estrich, Colo∣nel Ruthen, and Governour of the Castle, to take order for the re-edisication of what was lapsed, they re••used to permit any materials to be carried in for reparation, which so incensed the King, as he concluded the indignity intolerable, and presently entered into deliberation how to re∣lieve himself by force under this oppression; but with whom he should consult, there lay the dif∣ficulty, the transactions of his Council must be more closely carried then heretofore, for fear of correspondency with the Covenanters; to this end a private Juncto for the Scotch Affairs, are se∣lected from his Council, and great care taken, that those Hunting Lords (as Mr. L'Estrange saith the Archbishop called them) Pembroke, Salisbury, Holland, &c. who were Commissio∣ners at the Pacification, be excluded, though Ha∣milton was retained, more dangerous, and falla∣cious than all. At this close and secret Council, Decemb. 5. it was agreed his Majesty should call a Parliament, to Assemble April the 13. The King told them he exceeding well approved of that Counsel, but withal he said, My Lords, the Par∣liament cannot suddenly convene, and the Subsidies they grant will be so long in levying, as in the interim I may be ruin'd; therefore some speedy course must be thought upon for Supplies. Whereupon the Lords told him they would engage their own credits, and the Lord Deputy of Ireland giving the on-set, subscribed for twenty thousand pounds; the other Lords had, some the same Loyal zeal, and others the modesty not to refuse. The Lords of the Council did in this example implicitely give a good example to the other Nobles, who gene∣rally conformed most cheerfully, saving some few whom singularity, or somewhat more por∣tentous, restrained.
And that the Presbyterian Party here amongst us should not be wanting to play their parts (so far as then opportunity offered) one Bagshaw a hot∣headed Lawyer of the Middle-Temple, then Reader of that House, proposing to read upon the Statute of the 28 Edw. 3. 6, 7. argued upon these (amongst others he propounded) Cases of Law. Whether a good Act of Parliament may not be made without the assent of the Lords Spiritual? Which he held Affirmatively, and though he thought he had done his Party good service here∣in in assigning his reasons, which were, That some Parliaments were held without any Bishops at all; and that divers Acts have been made when they were pre∣sent, and would not consent. And lastly, That the Bishops cannot sit in Case of Blood in Judicature; but they may sit to assist to Enact Laws, but not to give Assent for Execution of them in Case of any Blood.
Yet he herein betrayed the weakness only of the Reader, and that Party; for as to the first, there was never any Parliament to which they were not summoned, no not to that of 25 of Ed. 3. which is falsly said to have been summoned, Excluso Clero, For here they excluded themselves, and refused upon Pope Boniface's Prohibition [pro∣cured by Archbishop Winchelsey] to be present at this Parliament at St. Edmunsbury, summon'd to ap∣pear Ad ordinandum de quantitate & modo subsi∣dii memorati, Claus. 24. Ed. 1. M. 7. dorso, and to grant the King any Subsidies till they had consulted the Court of Rome, and go away every one to their own homes; notwithstanding which the King pro∣ceeds with the two other Estates and gets Subsi∣dies from them, so that the exclusion of the Cler∣gy was their own voluntary act; and as to what is said by some, that Magna Charta was confirm'd in that Parliament, will be found to be a mistake, for the King received the Archbishop and Clergy again into favour, and they sate in the Parlia∣ment, summon'd to meet In Festo Sancti Petri quod dicitur ad vincula, or Lammas-day following, which was in the year of Grace 1296. Regis Ed. 1. 25. as it is set down in our Statute Books, with which Walsingham accords, Ad annum dictum.
And as to the Second Argument, it may be granted for that the Lay-Lords might make the Majority. And to his last it is a mistake, for they have actually sate in Cases of Blood, as is lately proved in two Books, the one Entituled, The Right of the Bishops cleared, &c. and the other, The Grand Question Stated and Debated; and that if ever they sate not, it was in respect of a Popish Ca∣non now extinct; and whenever they withdrew they did it [Salvo Jure] as is notoriously known in the Parliament of the 11th of Rich. 2. but to put this matter further out of Question, after the abolishing of the Popish Canon Law, and since the Reformation they did sit on the twenty se∣cond of May, 1626. upon the Impeachment of the Earl of Bristol of High Treason, ten Bishops, ten Earls, ten Barons were appointed for Ex∣amination of the Evidence against the said Earl. Out of his second Case, this Question was started, Whether any Beneficed Clerk was capable of Temporal Jurisdiction at the time of making that Law. And for answer hereunto, if he meant by a Beneficed Clerk, a person in Holy Orders, it is most certain they were, for that many of the Bishops long before that time were the Kings Ju∣stitiaries, that the Bishops sate with the Earl in the Saxons times, in the County Courts where capital Causes were tried, as appears by the Laws of King Edward, as they were set forth by Hen. 2.