A compleat history of the lives and reigns of, Mary Queen of Scotland, and of her son and successor, James the Sixth, King of Scotland, and (after Queen Elizabeth) King of Great Britain, France, and Ireland, the First ... reconciling several opinions in testimony of her, and confuting others, in vindication of him, against two scandalous authors, 1. The court and character of King James, 2. The history of Great Britain ... / by William Sanderson, Esq.

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Title
A compleat history of the lives and reigns of, Mary Queen of Scotland, and of her son and successor, James the Sixth, King of Scotland, and (after Queen Elizabeth) King of Great Britain, France, and Ireland, the First ... reconciling several opinions in testimony of her, and confuting others, in vindication of him, against two scandalous authors, 1. The court and character of King James, 2. The history of Great Britain ... / by William Sanderson, Esq.
Author
Sanderson, William, Sir, 1586?-1676.
Publication
London :: Printed for Humphrey Moseley, Richard Tomlins, and George Sawbridge ...,
1656.
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Subject terms
Mary, -- Queen of Scots, 1542-1587.
James -- I, -- King of England, 1566-1625.
Weldon, Anthony, -- Sir, d. 1649? -- Court and character of King James.
Wilson, Arthur, 1595-1652. -- History of Great Britain.
Scotland -- History -- Mary Stuart, 1542-1567.
Scotland -- History -- James VI, 1567-1625.
Great Britain -- History -- James I, 1603-1625.
Link to this Item
http://name.umdl.umich.edu/a62145.0001.001
Cite this Item
"A compleat history of the lives and reigns of, Mary Queen of Scotland, and of her son and successor, James the Sixth, King of Scotland, and (after Queen Elizabeth) King of Great Britain, France, and Ireland, the First ... reconciling several opinions in testimony of her, and confuting others, in vindication of him, against two scandalous authors, 1. The court and character of King James, 2. The history of Great Britain ... / by William Sanderson, Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/a62145.0001.001. University of Michigan Library Digital Collections. Accessed April 23, 2025.

Pages

Page 268

The Reign and Death OF KING IAMES, OF Great Britain, France, and Ireland, the First, &c.

SO then,* 1.1 in a seasonable conjunction of things and time, he succeeded Queen Elizabeth, who depart∣ted this life on Thursday the 24th of March, 1602. at her Manour-house of Richmond, early in the morning, that day being fatal to Henry 8. and to all his Children, dying on Thursdays: and her Funerals sumptuously solemnized with all speed in April following.

The same day the Lords Spiritual and Temporal assembled,* 1.2 and having proclamed her Death, and the Right and Title of King Iames to succeed her, being lineally expressed from Mar∣garet eldest Daughter to Henry 7th. and Elizabeth his Wife, who was eldest Daughter to Edward 4th. and married to James 4th. King of Scotland, in the year 1503. (just a hundred years since) who had issue James 5th. Father to Mary the First, and Mother to this King James the Sixth, now 36. years of age, and so long King of Scotland.

Then they poast Letters to the King by the hands of Sir Charls Percy Brother to the Earl of Northumberland,* 1.3 and Thomas So∣merset Son to the Earl of Worcester, signifying the Death of their late Sovereign betwixt two and three of the clock that morning. And knowing his Right of Succession, they have made Proclamation thereof at Westminster, White-hall, and Cheapside Cross: and seeing they remain a Body without a Head, they humbly desire his M∣jesty to hasten, how soon, and in what manner he pleaseth.

And therein complain (as in publick) that Sir Robert Cary poasted from hence towards your Majesty, contrary to their consent and command, thereby as much (as in him lay) to prevent and anti∣cipate their duty and respect.

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They acquaint the King of a fleet of ten ships royall,* 1.4 ready fur∣nished for the Coast of Spain, under Command of Sir Richard Lawson, whose Commission no ceasing, by the Queens death, they desire his Majesties pleasure, whether they shall guard the Narrow Seas, or be clled to the Coast of Scotland as a Convey, for the Kings use. Dated in London. And therefore Robert Leigh Maior Signed first.

But as in this letter, so it goes in Common report, that Ca∣ry (let out by his father Hunsdon Lord Chamberlain) came first to the King upon his own score; But secretary Cecills secret Packquets went before him or these letters, or else he had little credit in his own Commands.

The King communicates these letters to his Lords,* 1.5 and re∣turns them his acknowledgment of their dutifull affections. He confirms for the present all Offices Civil, & Martial, as at the Queens death, til his farther pleasure. Dated the 28. and 31. of March, which the Lords heer proclaim, the 5. of April after.

And though the King sets forth his interest, of succession commanding both Nations in unity of duty to him, and bro∣therly affection to each other,* 1.6 yet did the Scots Borderers make Inrodes into England, which was severely punished, and all for Example executed to death.

The King orders his Journey the 5. of April, the Queen to follow 20. daes after, Prince Henry, Duke Charles, and Princess Elizabeth, at further pleasure.

Brings with him those of the greatest birth and most interest in the blood royall,* 1.7 who though farr enough off to follow af∣ter his Numerous issue, of a teeming fruitfull Consort, yet too neer to be trusted at home. And each one of them begat trou∣ble and charge upon him, ever after, to reward, or to raise them up, beyond any desert; in both, he was wisely regarding.

Those were Lenox,* 1.8 Hamelton, Arguile, Mar, Kinloss, and Lord Hewm, and a couple of Knights Sir George Hew and Sir Iohn Ramsey, of neer affection with the King. So it became his future security & advantage, to caress those, that ushered him in and had underhand merited somewhat, from former very late advise and Intelligence, how to correspond with his jealous Pre∣decessor; we may conceive those then in being, (for most of the old Ones, out-liv'd not that their policie) were the Howards, and Percies, and Caecils.

The first of them of high birth and former merit, the Li∣nage of the late Duke of Norfolk,* 1.9 who suffered under the Axe for his affection to this Kings Mother, as aforesaid anno 1569. And his brother Henry Howard with the Lord Cobham, were the first of Eminencie, that met the King at Barwick.

The last,* 1.10 of great wisdom, and experience, for the Kings

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urgent affairs to make proper use of.

And at York, Thomas Cecil, Lord Burghley, President of the North, receives him, who comes on with his Train, and needed no other Guard,* 1.11 than the affections of the People that hurried him forward, with Excessive Acclamations; soon for∣getting (as the manner of the Multitude) their late Sovereign, in the hope of a likelyer change in a King, with which for ma∣ny years, this Nation had been really unacquainted.

And so was He feasted by the way freely,* 1.12 at each Residence of his Person where he lodged, untill he came unto Godman∣chester, in the Country of Northampton, where they presented him with 70. Teem of Horses, fairly traced, unto as many new Ploughs in honor of Tillage; A Custome very antient, when their Sovereigns pass that Town, being his Tenants, and holding their land by that Tenure. The King told them, He liked their ayre so well, and took their gift so kindly, as (but for undoing such good people, in their bounty) to visit them often; which afterwards he performed (that Custome be∣ing but for the first time) to the comfort of that Town and Coun∣ty.

At Broxborn his next Gest,* 1.13 there met him the gravity of the greatest Officers; Egerton Lord Chancellor, Buckhurst Lord Treasurer, Howard Lord Admiral; with the most of the Council and Nobility; At Ware the King came to Wiggen, heretofore so base a Cottage, as begat a saying, If a Man would answer the Asker as in despair,* 1.14 That it should be granted, when as the King comes to Wiggen.

And at Theobalds,* 1.15 the seat of Sir Robert Cecil, Secretary of State, he stayes for four dayes Entertainment, where were made of his Council these Scotish Lords, Lenox, Mar, Hew, Elphington, and Kinloss.

And of English, Henry Howard and his Nephew Thomas Howard,* 1.16 brother and sonne to the late Duke of Norfolk; and 28. Knights-Bachelors dubbed.

The Name Knight is from Knecht a German word, an Insti∣tution of dignity,* 1.17 by that Noble and ancient Nation. Tacitus saies, the manner was not for any to take Arms, before the State allowed him sufficient; and then some one of the Princes, or the father of the young-man (termed Knecht) furnished him with a Shield and a Javeline,* 1.18 (as the Romans did virili toga) the first honor done to youth, and afterwards, members of the Common-weal. This be∣ing the first and simple manner of Creation, they were afterwards styled Bachelour Knights. Baccalarius, quia olim coronabantur lauro cum baccis. Vel potius, quia Bedellus ipsis aureum ba∣culum exibebat cum ad concilia irent. Vnde primus gradus in professione scientiarum est Baccalauri; secundus Licentiati;

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ultimus doctores. Indeed as he is; so Baccalaureus, or Batala∣reus dicitur is Miles, qui jam semel praelio sive Bataliae inter∣fuit, collatis signis, et manum cum hoste conseruit. And thus for the Name.

Their dignity was from serving on Horse-back, so the Italian call them Cavaileiri, the French chivalier, the Germanes Roisters, all of riding, the Latines equites aurati; for properly being crea∣ted with sword and girdle, guilt spurs were added, for more neces∣sary Ornament. The original dignity was given to Marshall men; but since, in all Nations, it is bestowed on men of peace and merit; the better, (in civile policie) to level the service at home, with that abroad. Tullie sayes, Parva sunt foris arma, nisi est consilium domi. And of late, his dignity is called dubbed, because the man kneels down, and the Sovereign lightly layes a sword upon his shoulder, saying sois chevalier nome de dieu, and afterwards he sayes Avances chevalier.

It seems to be done as it were upon the sodain, in the field; and thereupon are called in our Law Miles, a militia. But the King may do it by Patent; And though the first in Title by Institution, yet are they the last in degree of honor, which dies with them.

There had been anciently another degree of Knight-hood made by the General, under the Kings standard in the field, called Ban∣neret; but he was eacefull, and so none of them were made in his time. See after Knights Baronets, and Knights of the Garter.

Being come to London▪ his first Reception was at the Charter-house,* 1.19 the then Habitation of Thomas Howard (lately made Lord Chamberlain) for four dayes, where 80. Gentlemen were Knight∣ed, from thence in private to White-Hall, and then by water to the Tower of London the 11. of May 1603.

During his Journey hither, prisoners were set at liberty out of the Tower, and amongst others, Accessaries to Essex Trea∣son, was Henry Wriothsly the third Earl of Southampton, made Barons by Henry the eighth, and Earls by Edward the sixth. And this man, by King Iames made afterwards Knight of the Gar∣ter, a Privy Counsellor, and Captain of the Isle of Wight, Tho∣mas his son now Earl of Southampton 1654.

Heer at the Tower He creates divers Barons.* 1.20 Sir Robert Cae∣cil Baron of Essenden, Sidny of Peshnurst, Lord Knowles of Grayes, Lord Wotton of Morley. And dubbs eleven Knights.

The King had knowledg of the death of Iames Beaton in France, Arch-Bishop of Glascow;* 1.21 he had been consecrate Bishop at Rome 1552. and not induring the reformation of the Church, forsook Scotland, and conveyed with him to France, all the evi∣dences of that See of Glascow, the Ornaments and Reliques of that Church, the Image of Christ in beaten gold, and of the Apostles in silver (not over large you may believe.) And being

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there Queen Mary setled her Lieger Ambassadour, when she re∣turned to Scotland. And so continued, untill the Government of the Regents who deprived him, whom the King afterwards re∣stores, and imployes him in Ambassies to France, being wise and faithfull to his Mother. He by Will leaves all to pious uses, for benefit of Scotish-men Scholars, and consigned the Utensils of Glasgow into the hands of the Carthusians of Paris, untill Glasgow becomes Romish.

Iohn Spotswood at the Kings elbow, was soon preferred thither, and sent with the Lords to fetch the Queen.* 1.22 But she resolved to bring the Prince along with her self, and being refused by the friends of the Earl of Mar, til order from the King, incensed her into a sickness, and to recover her, the King humoured her willful∣ness, and sent home the Earl of Mar from England, to present her with her son; but continues her anger to be debarred her desire* 1.23 by such a subject, whom mortally she hated (as you have heard heretofore) and though the King sought to sweet∣en her with his letters, That he ascribed his peacable recep∣tion in England unto his wisdom and late Negotiation, The Queen in fury replyed, That she had rather never see England, than be beholding to him.

Whether in Malice or other defign, It was remarkable, Her studious intent, to seize the Prince to her self.

And so she set forward with him and the Princess Elizabeth, who by the way, was left to the Government of the Lord Harrington. But Charles Duke of York an Infant, and sickly, came not til next year after.

The Earl of Rutland was sent in Commission to the King of Denmark,* 1.24 to present him with the honor of the Garter, and to Baptize his first son.

And Sir Henry Wootton Lieger to Venice. He was called from his private travels at Venice;* 1.25 formerly known to the King, an Emissary from the Duke of Tuscane into Scotland, to forwarn him of a Treason against his Person. And was now sent again thi∣ther, Leonardo Donato being then Duke; with whom and the Pope Paul the first,* 1.26 hapened two Contests; For restraint of Lay Persons donatives unto Church-men of lands or goods without Li∣cense; for so becoming Ecclesiastick they were exempt from taxes.

The other was, The imprisoning an unchast Abbot and a Canon, being conceived a diminution of the Papal Power, who therefore excommunicates the whole Republick. They fly to King Iames by their own Ambassadour here, and by Messengers and Let∣ters; disputing their priviledges with the Popes power, which was thus weakened by exceeding it; and so they obtained Ab∣solution, with much adoe, but not untill the report was, that the whole Senate would turn Protestants.

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Wootton continued at Venice near twenty years, with some Re∣turns and Messages extraordinary: this Donato being the four∣score and eleventh Duke of Venice, successively, from Anno 697. having been a Republick long before, and governed by Tri∣bunes.

In Iuly was solemnly performed the Rites of St: George at Windsor,* 1.27 where were installed these Knights of the Garter, the Prince Henry, Duke of Lenox, Earl of Southampton, Earl of Mar, Earl of Pembroke.

This most honourable Order of the Garter was instituted by Edward the third,* 1.28 after he had obtained many great Victories, (K. Iohn of France, K. Iames of Scotland, being then Prisoners in the Tower of London, and King Henry of Castile the Bastard ex∣pulst, and Don Piedro restored by the Prince of Wales, (called The black Prince) did upon some weightier occasion, no doubt, than a Ladies Garter, erect this Order, Anno 1350. The Em∣blems are a Blue Garter to be worn daily, buckled on the left Leg, set with Gold or Pearl in these words, [Honi soit qui mal y pense,] Shame take him that evil thinketh. This Order is inferiour to none in the World, consisting of six and twenty Martial and Heroical Nobles, the King of England the chief, the rest are ei∣ther Nobles of this Nation, or Princes of other Countreys, Friends and Confederates. Emperours and Kings have desired and re∣ceived that Honour. Thee are depending this Order six and twenty poor Knights, with sufficient maintenance. The Officers were, the Prelate of the Garter, (which is inherent to the Bishop of Winchester, for the time being) the Chancellour, the Regi∣ster, (always the Dean of Windsor) the principal King at Arms, (called Garter) and the Usher, (called the Black Rod) The site of this College is the Castle of Windsor, with the Chapel of St: George erected by Edward the third, and the Chapter-house there also. The Protector-Saint (olim tam nobilis) is St: George, whose Picture on horse-back, killing the Dragon, doth always hang at a Blue Silk Ribband, about each Knights neck. And the outward Vestment or Cloak hath a Star embroidered in Silver, encompassing a Shield bearing the Red Cross of England, with the Garter about it. This I mention, lest it be forgotten to after ages.

Amongst sundry men of valour in antient days was George,* 1.29 born at Coventry in England, his Mother with childe of him, dreamed, that she conceived with a Dragon, which should be the cause of her death, but the Wizards (Witches) assured her to die in childe-bed of a Son, whose life and fortune shall be a mirrour to posterity; and therefore he was brought up with a Person of Honour, with great observance, which made him capable of mighty deeds in Arms: and being famous for several Adven∣tures,

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travelled to a place infested with wilde beasts, chiefly a ravenous Dragon, whom the Sorcerers pretended so far to in∣chant, as to be for ever satisfied with a virgin Salve, fastened to a Rock, and fitted for Sacrifice.

In whose defence George fights on horse-back, with his Lance and Sword, and by his skill and force, kills him: this service done, he missed not the Merit of his Reward, Mariage with the Maid; instructed her in Christianity, with whom he lived ho∣nourably, and died sainted for his virtues and valiant acts; and by the Kings of England assumed for many Ages, in warlike Atchivements of Honour, to be their Patron.

This story not difficult for the Moral, which served those times to instruct the ignorant with such Tales, to be told to po∣sterity; that the Christian Souldier in the warfare of the World, meets with Satans temptations, which by the grace of God sancti∣fying are overcome; and in particular escues his own soul, bound under the chains of sin, to be devoured of the Devil, and which being redeemed by the merits of Christ, is maried to Him in faith, and becomes an eternal Saint in Heaven.

Whether this Saint and his story (with others) were invented to cousen men, these Tales wrought much with valiant men at Arms; Valour swels, when set out by Examples of Extremes, and oft times goes beyond her self in her atchivements; conceit sometimes does things above conceit, especially when the ima∣gination apprehends them founded in Religion.

It is said by Matthew Paris, in Gulielmo secundo, pag. 57. that St: George appeared in the air with an Army of white Horses, fighting for the English at Antioch against the Turk. But to say, there was no such Saint, and to change all literal sense into an Allegory of Christ and his Church; yet it may seem more impro∣bable, that our English Nation, amongst so many Saints that were, would chuse one to be their Patron that was not at all, especially seeing the World in that Age had rather a glut than a famine of Saints.

The intent of those times was pious, to gain credit, and to convert to Christianity; but then, so to prosecute it, as the Pa∣pists still continue to do, must be condemned, thinking to grace the Gospel by such absurdities; for Heaven has a Pillory to punish fraus pia her self: and indeed, better to leave Reli∣gion to her native plainness, than to deck her with counterfeit dress.

And there were created at Windsor these Earls,* 1.30 Thomas Ho∣ward Earl of Suffolk, Montjoy Earl of Devonshire; and of Ba∣rons, Egerton Baron Elsmore, Russel Baron Thornhall, Danvers Lord Danvers,* 1.31 Grey Baron Grooby, Peters Baron Writtle, Haring∣ton Baron Eaton, which so troubles an Historian, as a wonderfull

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weakness in a King, and concludes against his own Argument, [Nothing more destruction (says he) to Monarchy than lessening the Nobility] But he means, increase of number lessens their value; and hath not enlarged his reading, by knowledg of their con∣dition in other Monarchies, Spain, France; and yet poor e∣nough in those places where Anarchy as yet is not come in.

Originally within this Kingdom,* 1.32 Earldoms of Countreys (in the antient English-Saxon Government) were Dignities of Honour, and Offices of Justice; they had Officers under them, as Vice-co∣mes or Sheriffs.

The Earls therefore received Sallary, the third penny of the pro∣fits of the County, of long time after the Conquest, and were inserted in their Patents of Creation, which afterwards were turned into Pensions.

Of the single Earls (not Palatine) there were two kindes, subdi∣vided into several Branches, either take name of a place, or without place; those of a place, are of two kindes, either of a County, as the Earl of Devonshire, Cornwall, Kent, &c. or else of some place not being a County, as of a Town, Castle, Honour, &c. of which later sort, as antient as the Conquest, those of Richmond in York∣shire, Clarence in Suffolk, Arundel in Sussex.

Earldoms without any place, are likewise of two kindes, either in respect of Office, as Earl Marshal of England; or by Birth, and so are all the Kings Sons; and therefore it is a mistake to say, They are born but Gentlemen.

Earls are adorned with a Cap of Honour and a Coronet, and the Body with a Robe, in resemblance of Counsellours, and are girt with a Sword, to defend their King and Countrey, Cook 17. Part. And are called by the King, his Cosins, and his Title is after∣wards become parcel of his Name, and so they sign T. Suffolk.

Not to speak of Barons by Prescription or Tenure.* 1.33 These Barons were made by Patent, as others are by Writ to Parliament; and these by Writ were devised not before 49. Henry 3. for want of Peers, the most of them slain in the Barons Wars.

Those Barons by Patent began by Richard 2. John Beauchamp being the first, and is now limited in descent, according to the Ha∣bendum, for Life, or for term, of others, as Estates in Tail. They being thus entered into Nobility, have large Privileges as Peers of the Realm.

Note, that there be Lords in Reputation, onely by curtesie of Speech, not de jure, nor have privilege as Lords of Parliament, and these are the Son and Heir of a Duke, called an Earl, his eldest Son a Baron, but not in Pleadings; and so of Daughters, stiled La∣dies, by curtesie onely.

On Saint Iames his day in Iuly the King and Queen were crowned at Westminster in that fatal Chair* 1.34 of Sovereigns anoint∣ing;

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in it remains a large blackish Stone, Jacob's Pillow, (say the Scots) in his Ladder Dream of the Messias from his Loins; and indeed so ceremonious he was then, that he sacrificed thereon, naming it Domus Dei; and in his Return from Laban forgat not thereon to pay his Vows; in which esteem, he conveyed it with his Rlicks, in his general remove to Egypt; but from thence the Israelites flying in haste, and pursued, they (it seems) left ths Monument behinde; and one Gathelus wedded to Pharaoh's Daughter (though a stranger, observant of the Hebrews Rites) transported it to Galicia, (of his name Port-Gathelick) thence by his Seed carried into Ireland, so by Ferguard sent to Penthland, (or Scotland) crowning their Kings thereon; And Edward 3. brought it from thence; Even then when grave Bards did sing that ancient Saw.

Ni fallat fatum, Scoti hunc quocunque locatum Inveniunt Lapidem, regnare tenentur ibidem.
The Scots sall bruke that Ream as Naitiff Grund, (Gif Wierds fail nocht) quhair eir this Chair is fund.

Another very ancient.

Post Iacobum, Iacobus, Iacobum, Iacobus quoque quintus, At sextus Iacobus Regno regnabit utroque.
After a James sall be a James, a third James, and a fourth, A fifth James also, but the sixth sall sway the Scepters both.

These are no conceits,* 1.35 [commonly made up ere half-mold∣ed] for they were read many Ages before he or his abortive Book were born.

And with his Crown he taketh Oath,* 1.36 To keep and maintain the Right and Liberties of the Church; and shall keep all the Lands, Honours and Dignities, righteous and free of the Crown of Eng∣land; and the Rights of the Crown decayed and lost, he shall call a∣gain (to his power) into the ancient Estate; shall keep the peace of the Church, of the Clergy and People, and do Equity and Iustice with discretion and mercy; shall hold the Laws and Customs of the Realm, and the evil Laws put out, to establish peace to the People▪ and no Charter to grant but by Oath. Abridgment Henry 8. Sta∣tutes.

This Ceremony ended, there were 24. Knights of the Bath invested,* 1.37 who were received into White-hall in the evening, and supped together in one Room, sitting by degrees, with their Escocheons of their proper Arms placed above their Heads; they were lodged

Page 277

upon Pallats on the floor under their Arms, after they had been bathed in several Baths provided in Chambers; the next morning they were apparelled in Hermits weeds, and marshalled into Saint James's Park, with loud Musick, and the Heralds going before, and so about the Courts of White-hall, and then into the Chapel, with their Reverence before the Altar-table, and the Cloath of Estate (as at St: Georges Feast) they take their places in stalls, theirs Arms above, and hear Service. Then each Knight with his two Esquires offered at the Altar Pieces of Gold, and so retired in the former manner to their Chambers, and then adorned themselves with Robes of Crimson Taffata, with Hats and white Feathers, and so were conducted to the King into the Presence-chamber, under the Cloath of State, who girt each of them with a Sword, and had gilt Spurs put on their Heels, dined together, and so to the Even-Song at the Chapel, where they offered their Swords.

The next day in Robes of Purple Sattin, with Doctors Hoods on their shoulders, Hats with white Feathers, and so feasted again, and lodged that night as before, and the next day departed.

They are dignified and distinguished from other Knights, by a Medall of three Crowns of Gold, which is hanging at a Red Ribband, which they should wear about their necks during their life. These Knights are commonly Youths of the Sons of Noble∣men or Nobless.

So now the King is established with all the Rites of Cofir∣mation in Honour and Love of his People,* 1.38 and may be ranked in competition with the most for the Western Monarchy, which had been hotly pursued by Henry 8. in opposition to France and Spain; about whose time the House of Austria settled into that Design.

And because we have left the King in joyfull solemnity, let us step aside out of the Court jollity, and seriously consider the cunning contrivances of neighbour Kings, heretofore for Impe∣rial domination.

It was set on work, by union of Mariage in Charles the Grand-Child of Maximilian the Emperour,* 1.39 of the House of Austria, and of Ferdinand of Spain,* 1.40 who being heir to them both, inherited also the Netherland, Arragon, Castile, Scicile, and the Indies. 1503.

And because Lewis of France,* 1.41 as great in power, stood in Competition, the other therefore, sought to Master it, by cunning inter-marriage with Charles and his daughter Claud, which was no sooner contracted, but as sodainly crackt, and He affianced to Mary the Daughter of Henry the seventh of England, and to whose sonne Arthur Ferdinand had married Katherin his youngest daughter. 1506.

This double union with England,* 1.42 encourages the other to

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break with France; but Arthurs death, and his father soon following, and they still afraid of France, clap up a fresh match with the widdow Katherin and Henry the eighth: and a Bull (subdated the Popes death) dispensed with it. 1510.

Henry the eighth left rich by his father, young and active, is put upon quarrels with France, that either Kingdoms might spend themselves in War, as they did in wonderfull designes; To whose assistance, the other interpose, with either party, and with inconstancy as the necessity of State-Interest interve∣ned. But upon Maximilians death, the Emperial Crown falls in Competition of France and Spain.

Charles,* 1.43 now put to it, seeks to get in with England, and acknowledges the fowl Inconstancies of his Predecessors towards Henry the eighth. In which he confesses, as he was involved, so his youth and duty then, tyed him more to Obedience than Truth, but now grown a Man and Himself, the mutual dangers of either, would give assurance for his part, where otherwise (he saith) single faith might mistrust.

Henry the eighth thus cousened into some kindness,* 1.44 both by his own power and purse, makes Charles Emperour, and the French King his Prisoner, 1519. And so his turn served, a peace is concluded with France, and the King of England (at whose charge all was effected) is left out, of any satisfaction. And to amuze him from revenge, intices Desmond to rebell in Ire∣land, and assisted Iames the fift of Scotland, with amunition and mony to buysie England at home, 1526.

And being in this height of Imagination, to have wrought wonders, in reducing the Election of the Popes from the Car∣dinals to the Emperour, set others to quarrel with the Pope also, who very hapily in the nick of time, confederates with the I∣talian Princes, with the French, and with Henry the eighth, as Caput foederis,* 1.45 and so Charles is forc'd to descend: and at a Trea∣ty at Cambray, obliged to render some Pieces to the French, and so to sit still from open violence. The General safety of Christi∣an Princes necessarily being involved in the danger.

But He begins again, and contracts to assist Henry the eighth for his Title to France;* 1.46 who no sooner entered into war, and recovered Bullen, but the Emperour concludes a perpetual peace with France, and joynt confederation for restoring the Catho∣lick Religion, which was much declined of its lustre, by the protestation of Luther and others in Germanie; and soon after spread into all parts of Christendom.

Henry the eighth wearied with other mens designes, with vast expence of blood & treasure dies, and leaves all the glory of his good actions to this son Edward the sixth, who succeeds with no advantage by these, and with less money in his purse, whose

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wise Counsel, meddles the less with Spain, or France; but con∣tracts onely Union with the German Princes, and other Allyes in confederation of Religion, that could best ballance the Empe∣rours ambition.

His successor Mary,* 1.47 Imbarks her body in mariage with Phi∣lip of Spain, and her Estate in war with France, and lost Calice into the bargain. 1558.

Queen Elizabeth* 1.48 comes to the Crown, and at the Treaty of Cambray, King Philip pretends to assist her in recovery of Calais, but his own turn served, he leaves her in the lurch, to work out her own safety; but under a feigned pretence of Mariage, wrought a stay of the Popes declaration against the Queen, grounding this favour, (no doubt) from his own fears, lest that a Union of France with Scotland, in the person of Mary the Mother of this King Iames, should Unite these three King∣domes against him.

How equall soever Queen Elizabeth had been for peace or war, in her own nature; and her people humble, to follow her will in either; yet her course, more ambitious in ballan∣cing Neighbour Princes from overgrowing, than apt to con∣quer others, carried her all her life, in defensive actions at home, and abroad, and so to impoverish her Enemies, but not to inrich her self; for by those courses King Iames found her Treasure exhausted, and the Estate of the House of Austria, in this Condition, when he came hither.

As for the French King, his Crown-demain exhausted,* 1.49 which he endeavours to recover by Impositions; the people light e∣nough, the Nobility prone to dismember upon every occasion, and so not easie to be governed, for the Sovereigns Designs or Interest; the Kingdom thereby the likelier to be cantonized by self-division, than to conquer others; yet their native wealth and variety of Objects preserve both King and people, to live secure from their mighty Enemy the Spaniards, even by the providence of chance. I speak as it was when King Iames came here.

He saw Germany upon an immoveable centre of self-great∣ness,* 1.50 governed with Bit and Bridle, by the Emperour, to do as he list with all the Princes; or they, by love or by fear, obeying.

And however the Danish King was so much of Kin,* 1.51 as to stick to his Brother King Iames's friendship, the benefit of his Sound, and unexhausting profit, able to second with Ships and Money and active undertaking; yet no doubt, if to be trust∣ed unto, with all these helps, the King might find him wa∣ry, lest by strengthening a Neighbour, himself become o∣vermastered: And indeed too wise in common actions, to intangle his Estate, being also in those daies not so absolute,

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to do of Himself, without leave of his people; what he hath done very lately against this State, in favour of the Dutch, he feels the smart, I need not repeat it.

The Swede* 1.52 incompassed with dangers and Enemies; the Pole pretending Title to that Kingdom; and in Arms they were for the wager; and defended barely enough, by the distance of Sea and Land between them. Be fi des, the Dane upon his back in all Advantages, to quicken the quarrel, though Provi∣dence since hath done wonders.

The Cantons* 1.53 swoln big with pride and equality, divide themselves between two Monarches, France and Spain, that for each others ends, they are supported by them both, as their hired servants.

Italy* 1.54 distinguished into Principalities, yet bundled together by common caution, restrained of their freedoms, by force of French and Spanish; Multiply profit by strangers, and spare the pains to do it themselves; So by this narrow kind of wisdom, be∣come all Merchants, and abused by the Conclave and Spain, as never to be Monarchal.

The Muscovite,* 1.55 from a Duke, grown big with a Timpanie of Titles, was kept under by the more huge and vast Enemy the Tartar, making Inrodes of barbarous Murther upon each other; without any Interest of Christian Princes, unless some∣time, the Pole (at leasure) quarrels for the skirt of his Empire, as he did very lately, and prevailed.

Now whilst these Potentates lived, thus fettered within the nar∣rowness of their Estates or Humours, Spain* 1.56 managing the Pope∣dom, by his power in the Conclave, and pensions to the Cardinals, seemed to give law to the Western part of the Christian world; His Mines of gold effectual, not only to carry on any design, with Fleets and Armies, where he had will or interest; But also to make way, where he list, by corrupting the Counsels and Acti∣ons of any King, with temptation and underminings, either by his purse, or the pates of Iesuits. So that in a word, he was now grown hard to be pleased, and dangerous to be offend∣ed.

Through all these Considerations King Iames* 1.57 comes in, to choose his Game, and through all these distempers abroad, he was to secure himself, and his new Inheritance. His safest way to take breath for the present, was to make peace with Spain first of all, and after with the rest; (which indeed were done together) presuming that being in his power so to do then, it should depend on his pleasure, to break off after, or to conserve it to his death, which he did.

And being a wise and wary Prince, rather solid than formal, having been well seasoned at home with practice, and broken

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to affairs abroad; therefore now freed from former Distem∣pers, he began to search into the ground of his preceding mise∣ries in Scotland:* 1.58 and well assured, where the Sword bears sway, Virtue and Fortune (the Guiders of the best of humane Action) do not always endure the lasting, no not of the memory of the Actors.

Here therefore He began to consider, what advance ambitious Princes lust after, for the present, when hazardous success hurls upon them miserable events.

He was not ignorant of the interests of Christian Estates, one with the other (as is said) and how it concerned them to ca∣ress him for his amity.

Amongst them all, whom to trust, he was not assured, and how to depend upon his new Inheritance without confederacy, might be the best Counsel, but the most difficult.

He therefore (to avoid difference with any) made Peace* 1.59 with all. And as a wise King lead them the way to do so, each with other, being the surest Maxime to himself, and to the foundati∣on of greatness, upon popular love to his Subjects, to afford them ease and justice.

This Peace ever after attended his Age and Hearse, to which he always intended to fashion his Son and Successour; but in future, fate followed the change, not without our over-hasty ex∣ception, to the Fathers settlement, mistaking it to be the conse∣quence of evil event in the Sons succession.

But we ought to know, that Events are always seated in the inaccessible Light of Gods high Providence;* 1.60 and cannot be concluded but by supernatural Arguments, which must decide the miscarriages of pious Designs.

—careat successibus opto, Quisquis ab eventu facta notnda putet.

We may learn his will, by the effect of his works, but not in the consequence of his proceedings; we may discern the hand∣writing of his Decree to be his Character, but not thereby his Sense; yet this we presume to run and reade.

The Providence of God is often most violent to Reason, when yet in truth it runs in its proper chanel of equity to all. His way is in the Sea, not to be always traced by steps.

What confused conceits carry us on when a prevailing party succeeds in opposition to truth and justice? But he that looks thus asquint hath an imperfect sight, not the eye of faith.

The Scales of Gods Providence are never at rest, always mo∣ving; now up, now down; to humble, and to exalt; to which we must submit, because we cannot comprehend.

And it is a Rule derivative from hence, That where Religion is

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looest, men sacrifise their best Reason to visible Success; and private fortune becomes their publick Profession: not remembring what Isay, says, In the path of Gods judgment we should patiently expect. We do not so by our daily censure.

David was in this storm, driven to the strongest Anchor of Hope; in the contemplation of the wicked, he was much trou∣ble, to see them prosper, and the godly persecuted; untill he en∣tered into the Sanctuary of Gods universal providence, the chain whereof meets in the centre of all.

Reade but the story of some Centuries of our Christian world,* 1.61 abreviated in the Preface of Sir Walter Ralegh's History: How long was it, that wickedness had leave to lord it? With what strength of policy, the Tyrants of each time, sold them∣selves to settle the work of sin? And though in the period of that portion of time (compared with everlasting) and of our neighbour-affairs, (with the succeeds of the vast Universe) In these (I say) he religiously observes (perchance in some) the most notorious impieties punished and revenged, yet he could not live to finde the effects of Gods justice in so perfect an Au∣dit, summ'd up, but that he, and we, and others hereafter, shall still remain perplext.

And here in order and time,* 1.62 we come to consider the tem∣pers of the Court Statists; those in favour with their former Sovereign, had a new game to play with this King; and such as were kept under heretofore, began now to raise their hopes and endeavours, for fresh preferment.

Amongst many of sundry conditions,* 1.63 we fall upon the Con∣spiracy of a few Discontents;* 1.64 and it is generally named Sir Walter Ralegh's Treason; so shadowed out to posterity by some late Relators, and huddled up in obscurity, as not many men in these days believe it for truth: to undeceive them, I shall give the world that story.

Sir Walter Ralegh was a Gentleman of good Alliance in the West of England, and very well descended;* 1.65 he began his Im∣provements by the University and Inns of Court; the later was always the place of esteem with Queen Elizabeth, which she would say, fitted youth for the future. But he staid not there: and as his fate would have him, of the Sword first, so destiny drew him on, to have a mixt Reputation with the Gown; for he was often called to counsel in her time, but never sworn.

He was twice in Expeditions of Land-service in Ireland,* 1.66 un∣der General Norris and Grey, as also in the Low Countreys, and a Voyage at Sea, ere he was known at Court.

And such ways as these, were his introductions (the best hopes of his Risings) Some natural parts he had, a good wit and judgment, but his best Weapon was his Tongue, which gave

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him repute to be learned then, but after, he improved to more value in his future troubles, the best School to a wise man.

His quarrel with Grey in Ireland was there complain'd to a Council of War,* 1.67 but by Reference came over to England, to the Council-Table; Grey had the better cause, but Ralegh the advan∣tage in pleading; which so took them, especially Leicester, that the Queen was told the Tale, and more of him; which begot esteem from her, and envy from others; however, he held up, being accounted a cunning Courtier, in that ticklish Trade, whereof, he that once breaks, seldom sets up again; but he got by those losses, and thriv'd best after such compounding.

Indeed, being still under-wood,* 1.68 cut, and yet growing, he be∣came, Silva caedua quae succisa renascitur, and so flourished oft times after, without absolute impute to his Princes pleasure. His Enemies of greater Rank kept him in and out, which made him then to decline himself out of the Court-rode; in Voyages to the West Indies, Guiana, New Plantations, Virginia; or else in some Expeditions against the Spaniard, which confirm'd him a grand Opposer of the general Peace which King Iames brought in, and that brought Ralegh to his ruine.

He rose no higher than Governour of Iersey,* 1.69 Lord Warden of the Stanneries of the West, and Captain of the Queens Guard; which last Place brought him to esteem at Court, but not in the State at all:* 1.70 and therefore most men of parts that want of their pride of Preferment, are tired with lingring expectation of change, from the settled way of Sovereignty; which in every shift of Princes gives fair hopes to many, neither so mean nor modest, but to please themselves with Objects of Advance: So this man, ambitious of his conceited merits, put himself for∣ward, a little too soon.

Busie he had been heretofore, to speak his minde of the ge∣neral affairs, and therein he pleased his late Mistress; for then, his inclination went with the humour of those times of War; but now, his counsel came out of season.

For, at the entrance of the King, he was presented by Ralegh with a Manuscript of his own making against the Peace with Spain: it was his Table-talk to beget more esteem, which took accordingly, and the way, to unbend him, was the work of the Spanish Faction; either to buy him out of that humour, or to abuse him into worse condition, which was effected by this way.

To mould him into Treason, there was a medley of divers conditions,* 1.71 but the Contrivers were two Priests, Watson and Clark, and Count Arembergh Ambassadour Extraordinary for the Arch Duke, who brought in the Lord Cobham, and he his Brother, and the Parham, and others, and they the Lord Grey of Wilton: Then came in Sir Walter Ralegh, the wisest of them all,

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who dallied, like the Fly with the flame, till it consumed him.

Willing he was (it seems) to know it, and thought by his wit, to over-reach the Confederates whom he knew well enough, though none but Cobham, (for a good while) dealt with him; and with him Ralegh play'd fast and loose, till himself was caught in the Gin.

There was one Matthew de Laurencie* 1.72 here at London, but a Merchant of Antwerp, with whom Cobham held intelligence, for many years before, and for some Reasons of State, connived at, by the late Queen and her Council. This man, was the proper∣ty, which Arembergh used to Cobham, who was now much dis∣contented.

These three made the first step to the Contrivements, and it hath been my jealousie, (for I laboured the truth) that Laurencie betray'd it; I being often present with Sir Walter Ralegh in his Imprisonment, when he privately discoursed hereof.

But such Designs, like wounds, if they take air corrupt; their Project could not be covertly carried, consisting after wards of several persons of different tempers and unsuiting souls; and so, through the rifts and chinks of their several aims and ends, which could not be close jointed, the vigilancy of Cecil (per∣haps) or other Counsellours of State▪ stole a glympse of their Design, apprehensive enough, to light a Candle, from the sparks of Arembergh's Discourse.

And being ripe, they were severally examined and restrained, no without watchfull eyes on either; then to Imprisonment, and last to their Trials before the Lord High Steward and the Peers, at Winchester, whither the Term removed, out of this evermore Pestilential City.

And on the seventeenth of November,* 1.73 the Day of Ar∣reignment for Ralegh, the Iury called to the Bar, against whose Persons he did not except, nor could, for they were his Pares, the most able sufficient of Middlesex, were the Fact had its Scene.

The Indictment was managed by the Attourney General Sir Edward Cook,* 1.74 Serjeant Heal, and Serjeant Philips, drawn from the ninth of Iune, 1603.* 1.75

The Accusation double, against the King, and against the State; the personal had two parts,* 1.76 against his life, and to disable his Title to the Crown.

To the first was read Brooks Confession,* 1.77 that his Brother Cob∣ham used these Speeches, That it would never be well, till the King and his Cubs were taken away; and said, That he thought it proceed∣ed from Ralegh.

Ralegh answered, That Brooks was his Enemy; it was re∣plied, That Cobham was ever your Friend; and it would seem

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a strange malice in Brooks, to ruine his Brother, to undo you.

To the second part, there was produced a Book (which I have read) A Defence of the Queens Proceedings against Mary Queen of Scots: The Title could defend it self, but the matter therein meddled too much in a dangerous consequence, to the Kings Succession, and treasonable enough.

Cobham had confessed,* 1.78 That Ralegh delivered to him that Book, and he to Brooks, and Brooks to Grey, upon Cobham's discon∣tent. Ralegh acknowledged, that it contained matter of scandal to the Kings Title; and that he had leave of Sir Robert Cecil (after his Fathers death) to look into his Study, for Cosmographi∣cal Manuscripts of the West Indies, and so lighted on this Book.

Cecil then present upon the Bench,* 1.79 acknowledged this leave, and said, He would then, as really have trusted him, as any man, though since for some infirmities of Sir Walter, the bonds of affe∣ction were crakt; and yet, preserving his duty to the King, which may not be dispenced withall, he swore (By God) he loved him, and had a great conflict in himself, that so compleat a member had fallen from the State.

And this passage needs no soothing to excuse Cecil either Fa∣ther or Son; for I have heard Sir Robert Cecil when he was Salisbury to say publickly at his own Table, that he had inter∣cepted and kept all the considerable Libells against the late Queen and this King; but though justifiable in them as Counsel∣lours of State, yet was it a crime in Ralegh, who never was any. And this Book, as I remember, was of one Brag or Crag a Iesuit. But Sir Walter excused all, That there was nothing acted thereby, to the Kings prejudice, for that Book was burnt, and others are in print.

But to insist hereupon, Cobham had confessed, that Ralegh had agreed,* 1.80 that he should treat with Arembergh for six hundred thou∣sand Crowns to advance the Title of the Lady Arabella to this Crown; that Cobham under pretence of travelling, should prose∣cute this Design in the Low Countreys, Flanders, France, and Spain; and to carry three Letters from Her to the Arch Duke, Duke of Savoy, and King of Spain; and to promise Toleration of Religion, and Her to be disposed of in Marriage; that at his Re∣turn, he should meet Ralegh at Jersey (the place of his command) and there to agree, how to dispose the money to Discontents; and Ra∣legh should have seven thousand Crowns from Arembergh to him∣self.

And further confessed, That Ralegh had instigated him to all these Treasons.

And that Ralegh should say, That the best way to trouble Eng∣land, was to cause Division in Scotland.

To this onely of Scotland, Ralegh answered, and confessed

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the words, and that he had so thought these twenty years. It seems by the sequel since, in these our days, that he was not much mis∣taken.

Laurencie confessed,* 1.81 To have delivered Leters from Arembergh to Ralegh, who presently with Cobham conferred thereof in pri∣vate.

To all these, Ralegh craved,* 1.82 That Cobham might appear to ac∣cuse him face to face.

I may not omit this passage, that when the Confederates had suffered under some Examination, and restrained to their several Houses; and Ralegh well knowing that Laurencie was suspected,* 1.83 but not examined, then did Ralegh discover in a Letter to Sir Ro∣bert Cecil, where Laurencie was in secret with Cobham, and to ad∣vise to apprehend him, and so to intercept their intelligence, whilest matters were ripe.

What Ralegh's Design was herein, is not imagined, but this use was made of it, to Ralegh's ruine; for, after that Cobham had denied much of the former stuff, upon his first Examinati∣ons, this Letter was shewed to him, under Ralegh's hand; then Cobham in an extasie, railing against Ralegh, delivered his posi∣tive Accusation of him, as is before mentioned, and added, that after Ralegh's first Examination before the Lords, he writ to Cob∣ham, That although he had been examined of many matters, he had cleared Cobham of all: when (as the Lords protested) he had not been at all examined concerning Cobham: and thereby this was inferred (by the Council) to confirm Cobham, to deny all, when he should be examined.

Sir Walter said, That Cobham had not signed his Accusation, and that he was at the worst, but singularis Testis.* 1.84

To which the Lord chief Iustice gave it for Law, that it was not necessary for either.

After much pleading, Ralegh urging Law and Scripture, for not admitting a single witness, to condemn, yet the Court was sa∣tisfied by the Iudges, to the contrary.

Then said Ralegh, Prove it by one witness, face to face, and I will confess my self guilty.

But the Iudges were of opinion, not to admit that neither; yet Ralegh insisted thereon with many stories and Presidents, which took up much time.

But being asked, Will you be concluded, if Cobham should justifie his Accusation, under his hand.

To this it may be observed, that Ralegh made no Answer at all, knowing his guilt, but consented that the Iury should con∣sult.

The Kings Council being to speak last,* 1.85 they produced Cob∣ham's Letter, under his hand, writ but the day before. In effect thus:

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That Sir Walter had writ a letter to him, wrapt in an Aple, and cast in at his window in the Tower, ten daies since, to intreat him for Gods sake to write to him under his own hand, that he had wronged him in his accusations; advising him to be constant in denials, rather than to appeal to the King.

And now (writes Cobham) It is no time to dissemble, and there∣fore protested, before God and his Angels, that all and every part of his accusation of Sir Walter Ralegh, was substantially true, and added that Ralegh had delt with him, since the Kings coming, to procure him a pension from Spain, for Intelligence.

Then Ralegh rayl'd at him,* 1.86 confessed that letter, and pro∣duced Cobhams Answer, desiring it might be read; which the Attorny Cook opposed, to whom Caecil replyed, Sir, you are more peremptory than honest, come you hither to direct us? and so read it, which in effect was a Confession, That he had wronged Ralegh, and that he was Innocent. This bore date ten dayes be∣fore.

And here Ralegh confessed, that Cobham had offered to him a Pension from Spain, and that he had concealed it, as loth to ruine Cobham.

Then the Iury went out and returned in half an hour their ver∣dict Guilty, So was sentence as in case of Treason, and he return∣ed to the Tower, where he lay reprieved 12. years. And three years after that, was executed in October 1618.

Two dayes before Ralegh tryal,* 1.87 were sentenced these; Brook, who only excused his intentions, meerly to try faithfull Subjects, and said he had a Commission so to do, but produced none.

Markham confessed the Inditement, pleaded discontent, and desired mercy. Watson confessed he had drawn in all the rest, holding the King to be no Sovereign, til he were crown'd, instancing in Saul, and Ieroboam▪ Clark said the like.* 1.88

Parham and Brooksby were acquitted by the Jury.

Watson, Clark, and Brook, executed.

Markham, Cobham, and Grey, brought severally upon the Scaffold to die, and at the instant on the Block had their par∣ticular executions remitted by a letter to the Sheriff under the Kingsown hand, without the knowledge of any person, but Master Gibb of the Bed-Chamber, that brought it.

The warrant was directed to Titchburn high Sheriff of Hamp∣shire,* 1.89 for staying execution of the late Lord Cobham, Lord Grey, and Sir Gr. Markham at Winchester. 1603.

Although it be true that all vell-governed and flourishing King∣domes and Common-wealthis aire establishid by Iustice, and that these two Noblemen by birth that aire now upon the point of Executi∣on, aire for thair treasonable practices condamned by the law, and

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adjudget voorthy of Execution thairof to the Exmple and terror of otheris; The one of thaim, having filthily practiced the over∣throw of the qhole Kingdom, and the other for the surprize of our owin Person, yet in regaird that this is the first year of our raign in this Kingdom, and that never King was so far obleished to his people as ve have been to this, by our entry here vith so hairty and general an applause of all sorts; Amonc quhom all the Kinne friends and allies of the saidis condamnd parsonis, vaire as fordurat and duetifull as any other our good Subjects, as also that at that very time of thair arraignment none did more freely and readily give thair assent to thair conviction, and to deliver thaim into the handis of Iustice then so many of thair neerest Kinsmen and allies (as being Peeris) vaire upon thair Iury, as likevaise in regard, that Iustice hath in some sort gotten course already by the Execution of the two Priests and George Brook that vaire the principal plotteris and intisaris of all the rest, to the imbracing of the sadis treasonabill Machi∣nations; ve thairfore (being resolved to mix Clemenie with Iustice) aire contented, and by theise presentis command you our present shief of Hampshiere to superseid the Execution of the sadis two Noblemen, and take them back to thair prison again qwhile our further pleasure be knowin. And since ve vil not have our Lawis to have respect to personis, in sparing the great and strikking the meaner sort, It is our pleasure that the like course be also taken vith Markham, being sory from our hairt, that such is not only the hainous Nature of the sadis codamned personis crime, but even the corruption is so great of thair natural disposition, as the care ve have for the safety and quiet of our state and good subjectis vil not permit us to use that cle∣mencie towardis thaim quhich in our owin natural inclination ve might vary easely be perswadit unto.

Iames Rex.

However the King was mecifull, yet an evil fate followed them.

Grey died in the Tower, the last of his line.

Cobham, Markham and others, were afterwards releast im∣prisonment, but died miserable poor.

And Ralegh fifteen years after lost his life by the Axe for this Treason. See. 1618.

I have been the more prolixe against our Adversaries,* 2.1 that thereby the world may judg with the Jury, of his Guilt, or innocencie.

How could Wade, the Lieutenant of the Tower,* 2.2 who was al∣waies esteemed honest, tamper with Cobham to write his Name to a Blank, to which Wade framed an accusation against Ralegh, when it appears Cobham never signed at all to any, which there∣fore

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Ralegh insisted upon, for his advantage in the tryal.

But in truth, (besides the confessions) His fatal evidence was Cobhams own voluntary last letter overnight, writ every whit with his own hand.

The King commanded (as the Court was assured at his tryal) that no Examinant should be wrackt, which made Captain Kemish (the Emissary between them) to protest afterwards in my hearing, that in truth he was threatned with the wrack, which was shewed to him, and that had he tasted thereof, it should have inforced him, to tel an odd tale, meaning of guilt.

Sir Walter was admitted a chair, pen, Inck, paper, and truly he rather tired the Court and Jury with Impertinences, though he spoke well.

Not much to remind what we have said concerning the hu∣mours of the Presbyterians,* 2.3 so throughly canvased in all our Scotish discourse. Yet at this time, they renew their former wont, as in Scotland, and begin to perplex the King at his En∣trance.

To pacifie such, He appoints a Conference, to be held with the Episcopacie, and Them, at Hampton Court. In the mean time to let them see what they should trust unto, he sets forth a Proclamation,

Against such as seditiously seek Reformation in Church Matters;* 2.4 And that the Constitution and doctrine here, is agreeable to Gods word, and near to the Condition of the primitive Church. And forewarnes them of publick invectives, gathering of Subscripti∣ons to supplications for Reformation, savouring of Tumult, se∣dition, and violence; Protesting to preserve the Estate Ecclesiasti∣call as politick, in such form as he found it: Reforming abuses, if they be made apparent. 14 Octob. 1603.

But in truth these men were too hasty, and might well re∣member the King of such their behaviour in Scotland, which to prevent, he did for ever after advance the power of Episco∣pacie there, to even that Discipline with this in England, and to inlarge their Bishops into some Eminencie, heretofore clow∣ded with Envy and Malice.

It was now time so to do, when the Presbyterian Doctrines had amplified into these Heads.

The Reformation of Religion belongs to the Cominaltie.

The punishment of such Crimes,* 2.5 as touching the Majesty of God,* 2.6 doth not appertain to Kings and chief Rulers only, but also to the Body of the People.

Princes, for just causes may be deposed.

If Princes be Tyrants,* 2.7 their subjects are freed from their Oath of Obedience.

Populo jus est,* 2.8 ut imperium cui velit, deferat.

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Penes populum est ut leges ferat, sunt Reges veluti Tabulario∣rum Custodes.

The people have the same power over the King,* 2.9 as He hath over any Person.

It were good, that rewards were appointed by the people,* 2.10 for such as should kill Tyrants.* 2.11

The People may arraign their Prince.* 2.12

The Minister may excomunicate Him.* 2.13

He that by excomunication is cast into Hell, is not worthy of Life upon Earth.

Objections to some of their Doctrines, with their Answers.

Custome is against such dealing with Princes.* 2.14

Answ. Nothing more dangerous to be followed than Cu∣stome.

Ob. We must obey Kings be they good or bad.* 2.15

Ans. It is blasphemy to say so.

Ob. Jeremie commanded obedience to Nebuchodonozer.

Ans. The Example is but singular.* 2.16

Ob. God placeth Tyrants sometimes for punishment of the Peo∣ple.* 2.17

Ans. So doth he private then sometimes to kill them.

Ob. The Iewes dealt not so with their Kings.

Ans. Their Kings were not first elected by the People,* 2.18 but Ours have nothing but from the People.

Ob. Shew an Example out of Scripture.

Ans. Sundry good laws in divers Countries,* 2.19 though no Example in Scriptures.

Ob. Saint Paul commands us to pray for Princes. Tim. 2.

Ans. We may punish Thieves,* 2.20 and yet we ought to pray for them.

Ob. Saint Paul commands us to be subject and obedient to Prin∣ces. Tit. 3.

Ans. Paul writ in the Infancie of the Church,* 2.21 the Christian not ripe, nor rich for such a purpose; and if Paul were now alive, he would leave Kings to be punished by their Subjects, not to be accounted any longer King, &c.

These and many more such, not only held by Buchanan and Knox▪ but by their whole Consistorians beyond seas, as Calvin, Beza, Hitamor, Ursinius Vindicae contra Tyrannos, Eusebius Shi∣ladephus, &c.

And now was their former proceedings in Scotland Exami∣ned according to their doctrines, for setting up their Cosisto∣rian Discipline.

The Parliament in Scotland 1560. being disolved, and their Book of Discipline compiled by Knox and others, which their

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favourites, notwithstanding termed but a devoutImagination, yet they threatned the chiefest Noblemen, if they should re∣ject it: some refused, but at last it was forced upon all.

They appoint their Assemblies,* 2.22 particular and general.

They exercise Jurisdiction, and cart Saunders for Adultry.

And excommunicate the whole Multitude about a May-pole.* 2.23

They burn divers places (pretending of superstition) Bishops houses,* 2.24 Protestants also at Pasley, the Bishop hardly escaping life.

The very calling of Bishops,* 2.25 though Protestants became Antichristian, and command them (by their Authority) to leave their Offices and Iurisdiction.

That they should have no voices in Parliament,* 2.26 and desire that such as themselves should send▪ might vote. Command∣ing the King and His Council, under pain of Excommunication, to appoint no Bishops hereafter, because the Brethren had con∣cluded that estate unlawfull.

Beza, their Consistorian Patriarch from Geneva,* 2.27 had assured them of well doing, and moves them, Ne unqnam, &c. That they would never admit again that Plague (Bishops) although it might allure them of keeping Unity.

The Bishops being discharged,* 2.28 they agreed of Superinten∣dents; but that device was laid aside, and afterwards conclude, that Ministers of the word, should be equal; and then began the Presbytery to flourish.

For then they usurped the whole Ecclesiastical Iurisdiction,* 2.29 al∣tering all lawes as they pleased,

They assembled the Kings Subjects,* 2.30 injoyning Ecclesiastical pains,* 2.31 unto them, make decrees, and execute them.

They Trayterously rail against the King in their Pulpits, and being questioned, utterly disclaim his Authority, as an Incom∣petent Iudge.

That the Pulpit matters,* 2.32 were exempt from the Judgment, or correction of Princes; They prescribe lawes to the King and State. Appoint Fasts to the whole Kingdom, when their faction were to act any enterprize.

Anno 1582. The King to prevent the dangerous consequence thereof,* 2.33 divers of them were silenced and imprisoned, but what was the Issue? They surprize the King at Ruthen, and declare it to be done, for resisting the present dangers to Gods true Religion, and for removing from the King the chief Authors,

The King being afterwards released,* 2.34 that act was adjudged Crimen laesae Majestatis, and some were hanged, others fled into England.

Yet afterwards 1585. They avow the same,* 2.35 and excom∣municate such as would not subscribe to Them.

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Another treasonable Attempt they had against the King at Sterlin, Anno 1583.

So that in the Parliament, 1584. the Kings lawfull Autho∣rity Ecclesiastical was confirmed,* 2.36 the Bishops restored,* 2.37 and to be Treason for any man to procure diminution of the three Estates.

The Iudgments, Senates,* 2.38 and Presbyterian Iurisdiction dis∣charged.

An Act made for calling in Buchanan's treasonable Book,* 2.39 his Chronicle, and his Iure Regni apud Scotos.

That none shall preach, declame, confer, or utter scandalous words or slanders against the King or his Council, or to meddle in State-affairs, Sub poena, &c.

And because they did advance their Modell, as the most a∣greeable to the best and most Reformed Churches against Epi∣scopacy, it was examined the numbers that refuse their Sane∣drim, besides the Eastern and Western Reformers.

All in the Dutchy of Saxony, Brunswick, and Luxemburgh.

All those Churches in the Countreys of the Marquesites of Brandenburgh and Badu.

The Churches in the Earldoms of Henebergh, Lemings, Ma∣risfeilt, Stalburgh, Renestern, Swatrenburgh, Wertenburgh, Han∣naw, Oeting, Glick, and Leonstime.

All in the Baronies of Lenefergh, Schenburgh, and Wilden∣field.

All the Churches of at least thirty free Cities, Many of whose Territories are as ample as Geneva, and yet none of them have received the Presbyterian Discipline.

Add to these, the remainder of the Albigenses and Waldenses in Piedmont in the parts adjoyning, or of the Taborites in Bohe∣mia; the Lutheran Churches also in Poland, Denmark, and Swethland.

And indeed, Calvin and Beza both are sufficient Judges to prove, they were no Enemies to moderate Episcopacy, but onely against Romish Hierarchy. See Calvin de necessitate reformandae Ecclesiae, and Beza de grad. Minister. Evangel. 18. Sect. 3. Them∣selves well knowing that Episcopacy then did direct the guidance of grave and wise Over-seers, which otherwise would fall into Schisms, and after grow into Heresies.

These Items, and many more such, were put together, to set them forth in some measure, untill the Day advanced for the Conference at Hampton-court,* 2.40 in Iaruary.

Whether was summoned by Letters, the Arch Bishop of Can∣terbury, the Bishops of London, Durham, Winton, Worcester, St: Davids, Chichester, Carlile, and Peterborough; the Deans of the Chapel, Pauls, West-Chester, Salisbury, and Westminster.

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On the other part were these Doctors, Reynolds, and Sparks, Mr: Knewstubs, and Mr: Chaderton, Agents for the (Millenary Plaintiffs,* 2.41 says the Book) and these four were the fittest, that could be found amongst them all.

The King sent for the Bishops to come before him in private, and entered their Assemblying, with a grave and princely De∣claration of this his general drift; By example of all Christian Princes, in commencements of their Reign, establishing the Doctrine and policy of the Church; Henry 8. did it toward the end of his Reign; Edward 6. altered more; Queen Mary reversed all; and Queen Elizabeth settled it as now it standeth; His happiness is to have no cause to alter, but to confirm what he findeth, and which so affects him, that he entered into a gratulation to Almighty God, for bringing him into the promised Land, where Religion was purely pro∣fessed, and to sit amongst grave, learned and reverend men, not as be∣fore, elsewhere, a King without State, Honour, or Order, where beard∣less boys would yet beard him to his face; acknowledging now the Go∣vernment Ecclesiastical to be approved by manifold blessings of God, increase of the Gospel, and a glorious Peace. But as nothing could be so ordered, but may have additions, and in any State, (as in the body of man) corruptions might insensibly grow, either through time or persons, of which some complaints have pretended Reformation: His purpose therefore was, to try the complaints and remove the oc∣casions, if scandalous; or to cure them, if dangerous; or, if but frivolous, to take so much knowledg thereof, as to cast a Sop into Cerberus his mouth, never to ark more, to give factious spirits no occasion of boasting, and to redress what should appear fitting, with∣out any visible alteration.

And in particular the King signified,* 2.42 he called them alone, about some points, to be satisfied himself concerning the Book of Common Prayer and Service.

Excommunication in Ecclesiastical Courts.

Providing of able Ministers for Ireland.

First,* 2.43 in the Book, [confirming of Baptism] as if without it the Sacrament were invalid, then were it blasphemous.

Secondly, for the use; at first indeed upon occasion, that In∣fants being baptized and answering by their Patrini, it was neces∣sary they should be examined at years of discretion, and confirm∣ed by the Bishop with a Blessing and Prayer; but abhorred it as a Popish Sacrament and courleration of Baptism.

About Absolution,* 2.44 that there being onely two kindes, Gene∣ral and Particular; all Prayers and Preaching import an Absolu∣tion; the other is to be applied to special parties, after a scandal and repentance are resolved.

Thirdly, Private Baptism; if private for peace, so did the Primitive Church; if for persons, none ought but a lawfull

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Minister; and therefore was earnest against Women and Lay∣icks.

Excommunication.

To consider the matter, whether executed in light causes and too often? In the persons; why Lay-men, Chancellours and Commissioners do it? why not the Bishops, with the Dean and Chapters, or Ministers, or Chaplains?

Ireland.

This for Ireland was referred to a consultation hereafter.

Confirmation.

The Arch Bishop shewed the Antiquity of Confirmation from the Apostles, till of late some particular Churches had rejected it: he declared the lawfull use thereof; and affirmed, that the Church of England did not hold Baptism imperfect without it, or added any thing to the virtue and strength thereof: this he manifested by the Rubricks in the Communion Book before Con∣firmation.

The Bishop of London said, It did not depend onely upon Antiquity, as in Cyprian, Ep. 73. and Hierom. adversus Lucife∣rian. but was one of the particular points of the Apostles Cate∣chism in express words, Heb. 6. 2. and so did Calvin expound that very place, which was read and approved.

That we made it not a Sacrament or Corroboration; and yet the King was of opinion, it might rather be intituled Examina∣tion with a Confirmation.

Absolution.

It was cleared from all abuse or superstition, the Minister does but pronounce Absolution in general, after the Confessi∣on; that in the Communion Book there was another particular and personal Form of Absolution for the Visitation of the Sick; and that the Confessions of Augusta, Boheme, Saxon, which be there cited do retain and allow it, and so does Calvin approve such a kinde of Confession and Absolution.

Private Baptism.

That the Administration by Women and Layicks was not practised of the Church, but inquired of by Bishops in their Vi∣sitations and censured; and although the words in the Book might seem doubtfull, yet the Compilers did not so intend them, and yet propounded them ambiguously, (perhaps) that it might thereby pass in Parliament, and in case of necessity one∣ly, and was so, agreeable to the practice of ancient Church, as Acts 2. where three thousand were baptized in one day; im∣possible for the Apostles to do themselves, or improbable, and besides them there were no Bishops or Priests; and Tertullian and Saint Ambrose in Ephes. 4. are plain in that point; laying open also the impious opinions, who think there is no necessity

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of Baptism; not, as if without it God could not save the Childe; and the case being put as incertain, if not baptized; but, if baptized, an evident assurance, and so rather to ground upon Christ's promise, than by omission upon Gods secret judg∣ments.

The King replied, That the place Acts 2. was an act extraordi∣nary, the Church then unsettled and ungrounded, now stablished and flourishing; that he maintained necessity of Baptism; as to the place of Saint John, Nisi quis renatus fuerit ex aqua, &c. was meant of Baptism; and that fourteen Moneths ago, he did argue in Scotland against his Divines there, for ascribing too little to that Sacrament; so that (said he) a pert Minister asked him, if it were so necessary, that being omitted, the Child should not be saved? He answered, No. But if you be called (though in private) to baptize him, and refuse, I think you shall be damned.

But he concluded, Necessity of Baptism to be necessary by lawfull Ministers, and none other, and yet utterly disliked Rebaptization, though after either Women or Laicks.

Here the Bishop of Winton affirmed, that to deny baptizing by private persons in case of necessity, crossed all Antiquity; that the Minister is not of the essence of the Sacrament, yet is he of the essence of the right and lawfull Ministry thereof; the commission of Christ, Matth. 28. 20. Go preach and baptize.

Excommunication.

The King asked, Whether the Name might not be changed, and yet the censure retained? or whether another coercion equiva∣lent?

He was answered, that it had been heretofore often consi∣dered, but Queen Elizabeth resolved to be Semper eadem, and not to alter what she had settled.

The King professing, That though he lived some time as a Ward, under Puritans, yet since he was of his Sons age, (the Prince sitting by) he ever disliked their opinions▪ though he lived among them, he was not of them.

Opus primae diei.

The perfect Conference.

The Bishops, Deans, and Doctors, (and a Scotish Minister Patrick Galloway was admitted) and Reynolds, Sparks, Knewstubs, and Chaderton.

The King told them all the intent of the Conference, meet for every King at his entrance to the Crown; Not to innovate the established Government, which by long experience he found was accompanied with singular blessings five and forty years, as that no Church upon the face of the earth flourished more than this of Eng∣land. But first to settle an uniform Order therein. Secondly, to

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plant unity, for suppressing Papists and other Enemies to Reli∣gion. Thirdly, to amend abuses, being natural to bodies Politick, and to corrupt man, as the shadow to the body, which once being entered, have motion like a wheel set going; and because com∣plaints had been made, he thought best to summon the gravest and most learned, to hear what could be said; and so wished the Oponents to object.

They four kneeled down,* 2.45 and Doctor Reynolds the fore-man, after a short Preamble gratulatory, signified his Majesties sum∣mons, by virtue whereof these appeared, reducing all matters disliked to these four Heads.

  • 1. That the Doctrine of the Church might be preserved pure, ac∣cording to Gods Word.
  • 2. That good Pastors might be planted to preach.
  • 3. That the Church-government might be sincerely ministred ac∣cording to Gods Word.
  • 4. That the Book of Common Prayer might be fitted to more increase of piety.

In the first,* 2.46 that the Book of Articles of Religion conclu∣ded 1562. might be explain'd where obscure, and enlarged where defective, viz. Acts 16. the words are these, After we have received the Holy Ghost, we may depart from grace: which seem to be contrary to the Doctrine of Gods Predestination and Election in Article 17. both these words might be explain∣ed with this addition, yet neither totally, nor finally; and that the nine Assertions upon a conference heretofore at Lambeth, might be inserted into that Book.

Secondly, where it is said in Article 23. that none should preach or administer Sacraments in the Congregation without lawfull calling; he said, implied, a lawfulness for any man out of the Congregation to preach, &c. though he had no lawfull cal∣ling.

Thirdly, in Article 25. touching Confirmation, grown partly of the corrupt following the Apostles, being opposite to those in the Collect of Confirmation in the Communion Book, Upon whom after the example of the Apostles; argue (saith he) a con∣trariety each to other; the first confessing Confirmation to be a depraved imitation of the Apostles; the second, grounding it on their example, Acts 8. 19. as if the Bishop in confirming chil∣dren, did by imposing his hands, (as the Apostles do in those places) give the visible graces of the Holy Ghost, &c. therefore he desired that both the contradictions might be considered, and this ground of contradiction examined.

The Bishop of London first desired his Majesty, That the

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antient Canon might be remembred, Schismatici contra Episco∣pos non sunt audiendi.

Secondly, that if any of these parties were in the Number of the 1000. Ministers who had once subscribed,* 2.47 and yet pe∣titioned against it, they might be removed, according to a ve∣ry decree of an antient Counsel, That no man should be admit∣ted, to speak against what he had subscribed, and contrary to a statute,* 2.48 to speak against the Liturgie and discipline established, al∣leging what Master Cartwright had confirmed, that we ought rather to conform to Orders and Ceremonies to the fashion of the Turks, than to the Papists,

Concerning falling from Grace, the said Bishop said,* 2.49 that very many Men neglecting holiness of Life, presumed of per∣sisting in Grace, laying all their Religion on Predistination, if I shall be saved, I shall be saved, a desperate doctrine, wherein we should rather reason ascendendo than descendendo, Thus, I live in Obedience to God, In love with my Neighbour, I follow my voca∣tion, &c. I trust God hath elected me, and predestinated me to sal∣vation: But contrariwise they use this argument, God hath per∣destinated and chosen me to life, and though I sin never so grie∣vously, I shall not be damned, for whom he once loveth, he loveth eternally. Whereupon he shewed what was the doctrine of the Church of England, briefly, That we must receive Gods promises as they are set forth generally in Scripture, and do that will of God, which is expresly declared in Scripture.

The King wished that the doctrine of Predestination be ten∣derly handled, lest on the one side Gods Omnipotencie might be questioned, by impeaching the doctrine of Predestination, or on the other, a desperate presumption might be averred, by inferring the necessary certainty of standing and persisting in grace.

To the second it was answered, none but a Licensed Mini∣ster might preach,* 2.50 nor administer the Eucharist or the Lords supper, and for private Baptism (the King said) he had ordered already.

The third point was observed, to be of Curiosity or Ma∣lice,* 2.51 because the Article (there read) These five commonly called Sacraments, Confirmation, Penance, Orders, &c. are not to be accounted Sacraments of the Gospel, being such as have grown partly of the corrupt following the Apostles, &c. Insinuateth, that the making of Confirmation to be a sacrament, is a corrupt imi∣tation: But the Communion-Book makes it to be according to the Apostles example, which being read, the King concluded it to be but a Libel. Now for the ground thereof, it was not so much founded on the places in the Acts, but upon Heb. 6. 2. where it is made a part of the Apostles Catechism, which was

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the opinion of the fathers, and of Calvin and Fulk, the one upon Hebrew 6. 1. the other upon Acts 8. 27. where (with Saint Austin) he saith, We do not mislike that antient Ceremony (of imposing of hands for strengthning and confirming such as had been Baptised) being nothing else but a prayer over a Man to be strengthned and confirmed by the holy Ghost, or to receive the gifts of the holy Ghost, as Saint Ambross saith; alluding to Heb. 6. 2, &c. Nor (saith he) is it their opinion, Confir∣mation to be unlawful, but rather because they have not the use of this in their own hands, every Pastor in his Parish to confirm, for then it would be accounted an Apostolical instituti∣on. And indeed Doctor Reynolds seemed to grant, replying, that some diocess of a Bishop had 609,* 2.52 Parish-Churches (as London,) it was inconvenient to commit confirmation to him alone, as im∣possible to examine all them.

It was answered,* 2.53 that the Bishop usually appoints his Chaplins or Ministers to examine them, and none are otherwise confir∣med but by testimony of the Parsons or Curats, where they are bred and born; and Saint Ierome says, that the Execution was indeed restrained to Bishops only, ad honorem potius sacerdotii, quam ad legis necessitatem. Ecclesiae salus in summi Sacerdotis dig∣nitate pendet; cui si non Exors quaedam, et ab omnibus eminens detur potestas, tot in Ecclesiis efficerentur schismata, quot▪ sacerdo∣tes. It was used anciently, partly to examine children whether they had been baptized or no, for primitively baptism was administered in divers sorts. In Nomine patris et filii, &c. others In Nomine patris Majoris, et filii Minoris, as the Arrians did; some, in nomine patris per filium, in Spiritu sancto; others not in the name of the Trinity, but in the name of Christ, &c. Where∣upon Catholick Bishops were constrained to examine them, who were baptized in remotis. The King concluded, as none should confirm, so none to preach without the Bishops License.

Doctor Reynolds complained,* 2.54 that the Catechism in the Com∣mon-prayer-Book was too brief, and Nowells was too long, re∣quested one uniform, and none other. It was thought reaso∣nable, the King saying, That in Scotland every one well affected, or thought to the sonne of a good man,* 2.55 set out a Catechism, and what was received in one Congregation, was never accepted Orthodoxall in another, adding this gromical Canon conclusion, First, that old intricate questions might be avoyded in the fundamental Instructions of the people; Secondly not to be such a departure from the Papists in all things, as to be therefore in error, because we agree in some.

Then Doctor Reynolds moved for a new Translation of the Bible,* 2.56 the old ones of Henry the eighth, and Edward the sixth, being corrupt; Instanced in Galathians 4. 2. Psal. 101. 28. They were not obedient, For not disobedient. Psal. 106. 30, &c.

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The King complained thereof, and the worst to be Geneva, the Marginal notes thereof were partial, untrue, seditious, and trayte∣rous, as Exod. 1. 19. the note alloweth disobedience to Kings, And 2. Chron. 15. 16. The note taxeth Asa for deposing the Mother and not killing her. That errors in matters of faith may be rectified, that matters indifferent might rather be interpreted and a gloss added, concluding rather a Church with some faults then an Innovation; and surely saies he, if these be the greatest matters, I needed not your complaints.

Doctor Reynolds complained against publishing some Books unlawfull,* 2.57 instance that, De jure Magistratus in subditos, pub∣lished of late by Ficlerus a Papist, and applyed against Queen Elizabeth, for the Pope.

Bishop of London said,* 2.58 That the Author de Iure was a great disciplinarian, whereby it appears what advantage these Sects afforded, to the Papists, who mutatis personis, could apply their own arguments, against Protestant Princes.

That for other Books lately admitted, viz: Disputes between Se∣cular Priests, and Iesuites, the King told Doctor Reynolds, He was a better Colledg-man, than a States-man, and willed him and His associates to know, they were permitted by order of Counsel Ta∣ble, whereby their schisme and his Majesties title handled, and the title of Spain confuted; and wherein this State was cleered of putting Papists to death, not for Religion, but Treason. And thus much concerning purity of Doctrine.

The second generall point.* 2.59 Pastors to be Resident and Lear∣ned.

The King had ordered the Bishops to be carefull herein,* 2.60 but as subita evacuatio was perculosa, so subita Mutatio. That there were more sufficient divines, than Maintenance, which must be first provided; young ignorant Ministers to be removed, if old, death must make void for better; Jerusalem could not be built in a day.

It was conceived, that Lay-Patrones presented such, as liked their humour and faction, the Law admitting any mean Clerk, and if the Bishop opposed, a quare impedit is sent against him.

Some moved to settle a praying Ministery another while, for there are many excellent duties in the Ministers, Absolving the Penitent, Praying for and Blessing the People, Administring the Sacraments; but now it is concluded into one onely duty, preaching, oft time indiscreetly to the prejudice of divine ser∣vice, being usual rather to walk in the Church-yard, than be at the service.

The King said it was most necessary to plant by preaching, but in a Church so long established in faith, onely the Hypocrite placed all his Religion in the Ear, as an easie passage, but Prayer expressed the hearts affections, and the true devotions of the mind, puts us to

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over-much trouble. There ought to concur in prayer, an unpartial consideration of our own estates, a due examination to whom we pray, an humble confession of our sins, hearty sorrow, and repentance not severed from faith. In the mean time that Homilies might be read; every Man that can pronounce well, cannot perhaps in∣dite well; to which the Adversaries confessed. They were told of the Pulpits, made by them Pasquils, a lude custome to tra∣duce.

Thrird and fourth general heads mingled together.

Here indeed Doctor Reynolds skipt over the third point in∣to it,* 2.61 urging Subscription as an Impeachment to a learned Mi∣nistery, and desired not to be exacted; their reason, The books Apocryphal, enjoyned in the Common prayer-book to be read, were in part erroneous. Instanced Ecclus. 48. 10. That Elias was to come before Christ, and so Christ not to be come, be∣cause (saith he) Ecclus. useth the very words of Elias in Person, which Malachi Chap. 4. doth apply to Elias in resemblance, which both an Angell, Luke 1. 17. and our Saviour, Matth. 11. did interpret to be Iohn Baptist.

He was answered with Sir Ieromes distinction, Canonici sunt ad informandos mores, non ad confirmandam fidem. The King de∣sired an even Order. Not all Canonical books to be read in the Church, unless to be interpreted, nor any Apocrypha at all, where any error, but such as were clear with the scriptures, else why printed? As the Maccabees, excellent to make up the story of the Jews persecution, but not to teach a man to sacrifice for the dead, or to kill himself.

But the King finding them to insist so hotly against Ecclesi∣asticus, the place being read, he shewed who the Author was, then the cause why he did write it, next Analyzed that Chapter, shew∣ing the precedents and consequents thereof, lastly, exactly and di∣vinely unfolded the sum of that place, arguing and demonstra∣ting, that whatsoever Ben Sirach had said there of Elias, Eli∣as had in his own person while he lived performed and accom∣plished; So that the Susurrus at the first mention, was not so great, as the astonishment was now at the Kings sodain sound and admirable interpretation, concluding, that the opposers did ill, to impose upon a Man that was dead, a contrary sence; and (smyling) told the Lords, what, trow yee, makes these men so angry with Ecclesiasticus, without doubt, they take him for a Bishop?

2. The next objection was that old Crambe is posita. Jesus said to his Disciples, when by the Original, he spake to the Pharises; but bearing a double sence, Disciples was to be left out, or in a different letter.

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3. The third Objection against Subscription were Interrogatories in Baptism propounded to Infants; that out of Austin, Baptiza∣re was credere.

The King said, Ego non intelligo.

Bishop Winton aiming at his meaning, shewed the use thereof out of Saint Austin, and the reason, Qui peccavit in altero, credat in altero.

It was seconded by the King, That the Question should be pro∣pounded to the party whom it principally concerned, as (saith he) by example of my self, to whom Interrogatories were propounded, when he was crowned in his infancy in Scotland.

Then Mr. Knewstubs fell out with the Cross in Baptism; first, as the offence of weak Brethren, Rom. 14. & 1 Cor. 8. the consciences of the weak not to be offended.

It was answered, Distingue tempora & concordabunt Scripturae; then a Church not settled, ours long flourishing; asking them, How long they meant to be weak? Whether five and forty years were not sufficient? Then, who they were? For it is not now required Subscription of Laicks and Idiots, but Preachers and Ministers; that it was rather doubted, some of them were not to be fed with milk, being strong enough, if not head∣strong, and thought themselves able to teach all the Bishops.

Their Objections were, whether the Church had power to in∣stitute an external significant sign?

Answered, It was used in Baptism onely as a Ceremony, and as by their own example, who make Imposition of hands in their Ordination of Pastors, to be a sign significant; all our actions in Prayer are ceremonies significant; the Iews to their Moses Pas∣over have added signs and words, Take and eat these in remem∣brance, &c. Drink this in remembrance, &c. Upon which addi∣tion and tradition, our Saviour at his last Supper celebration used the same, as approving that fact of theirs, and generally that a Church may instiute a sign significant.

Doctor Reynolds confessed the use of the Cross ever since the Apostles, but whether in Baptism, Quaere? It was used in Ba∣ptism in the time of Constantine, who was no Papist.

Mr. Knewstubs said, Though the Church had power to add significant signs, yet not to add where Christ had ordained but one; as not to add a private Seal to the great Seal of Eng∣land.

It was answered, that no sign or thing was added to the Sa∣crament, which was fully and perfectly finished, before any mention of the Cross is made.

Then it was opposed,* 2.62 how far such an Ordinance of the Church was binding, without impeaching Christian liberty.

The King told him,* 2.63 He would not dispute that point, but argue

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as Kings speak in Parliament, Le Roy s' avisera; adding, that it smelt rank of Anabaptism, saying, A beardless Boy (John Black) in a conference I had with the Ministers in Scotland, vouchsafed to say, He would conform to my Ordinances for Doctrine; but for Ce∣remonies, they were left in Christian libertie to every man as he was more or less illuminated of Gods Spirit; even till they grow mad with their own light: but I will have one Doctrine, one Discipline, one Religion in substance and ceremony.

They urged the stamping the Brazen Serpent to pouder by Ezekias,* 2.64 because the people abused it to idolatry, and so it was abused in time of Popery.

Therefore said the King,* 2.65 It shall continue, because you say, it was abused in Popery to superstition; it implies, it was well used be∣fore Popery, and so now.

Here the King remembered, that he had lived long with such men as these, but never of them; they do so peremptorily disallow of all things, which had been any way used in Popery. The Papists ob∣ject us with Novelties, which truly I cannot better answer, than to tell them, their abuses are new, but the good things which they abused we retain, and forsake the novel corruption; for by the same Argu∣ment we may renounce the Trinity, and all that is holy▪ because abu∣sed in Popery.

What resemblance is there between the Brazen Serpent, a visible thing, and the sign of a Cross made in the air? The Papists never ascribed any power or spiritual grace to the Cross in Baptism; the material Crosses are by us demolished, as you desire, which the Papists used to idolatry.

The third general Head Church-garment.

Then they objected the Surplice to be a Garment used by the Priests of Isis.* 2.66

The King smiled, Is it now borrowed from the Heathen,* 2.67 which till now ye accounted a Rag of Popery? We are not in danger of Paganism though of Papism. Antiquity always used different habits in divine Service, principally white Linnen; and he always desired not further to separate from the Church of Rome in Doctrine or Ceremony, than she had departed from her self and her Head Christ Jesus.

The fourth general Head Common Prayer.

Doctor Reynolds would not have these words,* 2.68 With my body I thee worship.* 2.69 They told me it was divine worship.

The King said, It was an usual English word, of Reverence, not to idolatry. But Doctor, if you have a good Wife, do her to worship, and more too.

That nothing was more meant thereby, than as Saint Paul

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1 Cor. 7. 4. that to worship the Wife, is for the Man to appropri∣ate his body to her alone; and as 1 Pet. 3. 7. To give honour to the Wife as to the weaker vessel. So to please them was added honour to the word worship.

The Ring they did not except.

As for Churching of Women, called Purification, the King would not alter that decent manner in matter or words, saying, Women of themselves are loth enough to come to Church, therefore all good ways to invite them.

Fourth general Head.

Doctor Reynolds excepted against committing Ecclesiastical Censures to Lay Chancellours,* 2.70 seeing their Authority in Hen. 8. time was abrogated in Queen Mary's, and not revived, and a∣bridged by Bishops themselves, Anno 1571. ordering, that Lay-Chancellours should not excommunicate in matters of correcti∣on; and Anno 1584, & 1589. not in matters of instance.

The King told them,* 2.71 He had conferred therein, and would consider.

D. Reynolds desired to have Provincial Constitutions,* 2.72 as the Clergy to meet once in three Weeks; first in rural Deanaries, and therein to have Prophecying. Secondly, and if not there resolved,* 2.73 then to be referred to an Arch Deacons Visitation: and so thirdly, to Episcopal Synod, where the Bishop with his Prebytery might determine.

The King started at the word,* 2.74 saying, They aimed at the Sco∣tish Presbytery; which (said he) agrees with Monarchy as God and the Devil; then Jack, and Tom, and Dick, shall meet and censure me and my Council, and all our Proceedings. Stay, if once that Go∣vernment be up, we shall have work enough.

Sir, said the King to Reynolds, you have spoken for my Supre∣macy, and you did well; know you of any that like of the present Ecclesiastical Government, dislike my Supremacy?

He answered, No.

I will tell you a Tale, After Queen Mary had overthrown Ed∣ward 6. his settlement of Religion, whereupon Mas. Knox in Eng∣land writes to the Queen Regent my Grand-mother, a virtuous and moderate Princess, telling her, She was Supreme Head of the Church, charging her in Gods Name to take care of Christ's Evangil, and suppress the Prelates. But how long trow ye, held this? Even till he and his Adherents were shuffled in, and understood matters of Re∣formation, declined her Authority, assuming all Ecclesiastick into their own hands, and according to more light wherewith they pre∣tended illumination, made further Reformation. How they dealt with my good Mother, not allowing to her breeding a poor Chapel; but her Supremacy was not sufficient Authority: and how with me in my minority, these times remember.

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My Lords Bishops, I thank you that these men plead for my Su∣premacy now; they think you too hard for them, but by appealing un∣to it, as if you were not well affected; but I say, [No Bishop, no King] I speak not at Random; for I have observed some of their Gang, to pray for my Person as King of England, &c. but for Su∣premacy over all persons, they pass that over. If this be all you can say, Ile make you subscribe, or hurry you out of England.

Finis secundi Diei.

The next day of Conference, appeared all the before-named, and also were admitted the Doctors of the Civil Law, Sir Da∣niel Dunn, Sir Thomas Crompton, Sir Richard Swale, Sir Iohn Bennet, and Doctor Drury.

The Arch-Bishop presented the King with a note of those points referred to consideration, the alteration or rather expla∣nation of them in our Liturgy.

  • 1. Absolution or Remission of sins, in the Rubrick of Abso∣lution.
  • 2. In private Baptism, the lawfull Minister present.
  • 3. Examination with Confirmation of Children.
  • 4. Jesus said to them, in the Dominical Gospel, in stead of Jesus said to his Discipes

The King reading the Common-Prayer-Book of Private Ba∣ptism; [They baptize not Children] it shall be altered, They cause not Children to be baptized; and where it is said, [Then they mini∣ster it] it shall be, The Curate and lawfull Minister present. Con∣cluding, that he aimed at three things:

  • 1. Words fit and convenient.
  • 2. How things might be best done without appearance of altera∣tion.
  • 3. To be practised, that each man may do his duty in his place.

The King said,* 2.75

  • 1. The parties named in the High Commissi∣on were too many and too mean.
  • 2. The matters too base.
  • 3. That the branches granted out to the Bishops were too frequent and large.

The Arch-Bishop answered,

  • 1. That albeit the Privy Coun∣cil were in, all the Bishops, Judges of Law, and others, but their imployment hindred their sitting, unless supplied by meaner men, Deans and Doctors.
  • 2. The fault may be mean, that the Ordinary may censure; but often times the Delinquent might be so great and so wilfull, that the ordinary brand of the High Commission is needfull.

And for the third, It was to be referred to consultation.

The King was shewed the three Articles which are to be sub∣scribed unto, viz. To the Kings Supremacy, the Articles of Re∣ligion,

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and Common Prayer-Book. His Majesty said, Subscription was necessary to prevent Tumults in the Church, 2ly. Because the Minister must answer for every Minister, for turpius ejicitur quam non admittitur Hospes, 3ly. As a good means to discern the parties affection, and to avoid confusion, and he that would be refractory deserved to be hanged, praestat ut pereat unus quam unitas.

Touching the Oath ex Officio, the King prevented that old Allegation, Nemo cogitur detegere suam turpitudinem,* 2.76 said that civil proceedings only punished facts, but Ecclesiastical Courts looked unto Fame and Scandal; that there was necessary the Oath Compurgator and ex officio, with moderation in gravioribus cri∣minibus; 2ly. In such of publick Fame, and to be distinguish∣ed, as in Scotland, where lying with a wench, though but sus∣pected, was made publick, to all the states and people, at the stool of repentance. And here the King described the Oath ex officio, the grounds thereof, the wisdom of the Law therein, the manner of proceeding thereby, and the necessary use thereof, In so compendious and absolute order, as the Auditors were amazed; the Arch-Bishop said he spake by Gods spirit.

Then was committed to consultation,

  • 1. For excommunication; the Name or censure to be alter∣ed.
  • 2. For the high Commission; the quality of the Persons to be named, and the nature of the causes.
  • 3. For Recusant Communicants; the weak to be informed, the wilfull punished.

The 4th thing consulted was, for sending Preachers into Ireland; He being (as he said) there but half a King, over their Bodies, but their soules seduced by Popery, no Religion, no Obedience; to send men of sincerity, Knowledge, and Courage.

The last was for maintenance for the Clergie.

Then Master Chadderton requested,* 2.77 that the surpliss and Cross in Baptism, might not be urged upon godly Ministers in Lancashire, lest they revolt to Popery, instancing the Vicar of Ratesdale, a Man that doled the Communion bread at the Sacrament, out of a Basket, every man putting in his hand for himself.* 2.78 That letters should be writ to the Bishop there, but if they were turbulent spirits, they should be inforced to confor∣mity, and a time limitted.

Master Knewstubs* 2.79 desired the same favour for the Godly Mi∣nisters in Suffolk not to be forced against their Credits to the surpliss and Cross. Sir, said the King, have we taken pains, and concluded of an unity and conformity,* 2.80 and you forsooth must preferr the credits of a few private men, before the publick peace of the Church. The Scots Argument; because they had been long of a contrary opinion.

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Somewhat was said against their Ambuling Communions, and Master Chaterton's sitting Communion in Emmanuel College▪ But finally, they all promised conformity and obedience, and so parted that Meeting.

Chancellour Egerton, a wise and learned Counsellour, won∣dering at the Kings ready Disputes, expert and perfect in Divi∣nity, said, That he had read, that Rex est mixta persona cum Sa∣cerdote, and now he sees the truth thereof in him.

A marvel to some, (in these our last times) why no more able men to be found for them but four. I shall answer with a truth, and no marvel, That some years after, when the Roles were examined, that were deposed, they were found to be but nine and fourty in all England; when in Scotland they were reckon∣ed above nine thousand; so great a stir could so few make here: or else they subscribed to keep their Livings; and no wonder; they were ever loth to lose all, and many of them knew how to turn.

And orderly afterwards the King put forth two Proclamati∣ons, the one,* 2.81 To satisfie his Subjects for Unifomity in Religion, ac∣cording to the established Laws. And Doctor Abbot and others sent in Apostolical Embassie into Scotland, to settle the Church and spirits of the Clergy there, as he had done here, that every spirit led onely with piety, and not humour, might be therein satisfied.

The other Proclamation against Iesuits expresseth,* 2.82 That a greater contagion to our Religion was eminent by sundry persons common Enemies to them both, namely, numbers of Priests, Semi∣naries, Iesuits, abounding here, of such as were before and since our coming, and with greater liberty than they durst have done; upon confidence of innovation in Religion, and general Pardon at our Co∣ronation, do exercise their Professions, and saying Mass, and en∣deavouring to seduce the Subjects from their duty to us, and to recon∣cile them to Rome. To prevent infection with Superstition, pernici∣ous to the soul, and corrupt against Alleageance, is to debar the Peo∣ple such Instruments of infection; and they are Priests of all sorts, ordained in forein parts, prohibited here by the Authority of the Laws of this Land. And therefore against such, they shall before the 19th. of March next depart out of this Realm and the Kings Dominions, and not to return hereafter upon penalty of the Laws in force to be in∣flicted without any favour. The Reasons and excuses for this seem∣ing severity toward that sort of Subjects is enforced from the peril of his Person by late conspiracy of confusion, conceived by persons of that sort onely. And this may satisfie forein Princes, proceeds from providence, to prevent perils otherwise inevitable; considering their submission to forein Iurisdiction, seems to dispence at pleasure, with the power of their own Sovereign, or strictest bond of loyalty and

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love, between a King and his People. And though it is civilly consi∣dered personal respects to the now Bishop of Rome, (in state and con∣dition of a secular Prince) yet observing the course and clame of that See, no Prince of our Religion and Profession can be assured of conti∣nuance, unless by assent of other Christian Princes to a general Coun∣cil free and lawfull, to pluck up those Roots of dangers and jealousies arising about Religion, as well between Prince and Prince, as be∣tween them and their Subjects; and also to manifest that no State or Potentate either hath or can challenge power to dispose of earthly Kingdoms or Monarchies, or to dispence with Subjects obedience to their natural Sovereigns; in which charitable action no Prince shall more readily concur his power, not onely out of particular disposition to peace with all States, but by such union, an amity might be settled to resist the common Enemy.

Febr. 22.

Jacobi I.

This did something allay them,* 2.83 but not the Presbyters [who by pens and preaching (saies he) strook at the very root of Hie∣rarchy, so that it was a hard question,* 2.84 which of them were the most odious.] Truly both of them, Neither Barrel better Her∣ring, for the Papists wrought in private, and these that way also, besides their pittyfull preaching.

And at this time died that learned Arch-Bishop Whitgift,* 2.85 a good and pious Man, whom Banckroft succeeded, no great friend to them, but to satisfie their violence he is intrusted with their directory, a Manuscript compiled as they gave out to startle the next Parliament, which they deliver to the Arch-Bishop, but he pretending to have lot it when it was called for, and they without any Copy, devised another so different from the former, as being afterwards compared▪ the Parliament con∣cluded that every new motion would alter their Model ad infi∣nitum, so unsetled they were then, and are to this day, as ne∣ver to be satisfied with any, as to our trouble and late experience hath been evident. And which this most reverend Whitgift foretold on his death-bed, the miserable effects of their vio∣lence.

Et nunc domine (said he) exaltata est Anima mea, quod in eo tempore succubui, quando mallem Episcopatus mei deo reddere ra∣tionem quam inter homines exercere.

But indeed Presbyters had so bitten the King and his King∣dom, and now at his coming it behoved him to quiet them, for as all knew it lay in his power to be Head of the Protestant Pro∣fessours, so upon this new access to these Crowns, it was con∣ceived he might alter all ancient Forms, upon a new score, who having bit on the Bridle so long at home, it would concern him now, to keep the Reins free, having entailed Precepts upon his

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posterity to that end, Instructions, as frontlets and chains, real and lasting, and bequeathed to them as Legacies to after age, forewarning his Son in his Basilicon Doron, not to wrest the Word of God to self-appetite. So now therefore, he resolved, to frame his own and his peoples affections to follow that true Rule of Scripture, which suffered under several Interpretations: he therefore commended it to the choice,* 2.86 grave, and most learned of this Nation, and commanded them, as they would answer at Gods Tribunal, to be carefull therein, painfull and just. They did so, and we have that blessing amongst us as the most perfect Translation in English of all others; not without Exceptions in that also from our Adversaries the Papists and Se∣ctarists.

The Scripture was writ in parts, the most ancient Language was Hebrew, the most copious the Greek, and Latine the finest; but as the Hebrews in their time accounted all Languages but their own, Lognasim, or barbarous: so then, that others might come to the waters of life, we must (as Iacob) role the stone from the Well,* 2.87 that the Sheep may drink of the waters of life; we could not reade the Book,* 2.88 for it was sealed. And indeed whilest the dew lay on Gideon's fleece, all the earth was dry: but near before the time of ourblessed Reconciliation by our Saviour CHRIST, Not of the Jew onely, but of the Greek also, then God raised up the heart of a Greek Prince (by descent and Lan∣guage) Ptolomy Philadelph King of Egypt, to procure the Transla∣tion of the Old Testament into Greek out of Hebrew, which we call the Seventy Interpreters. The Greek Tongue made familiar to most Inhabitants in Asia, by reason of their Conquests; and also understood in many places of Europe and Africa; but yet not so acceptable to some, no not of the Iews.

For not long after Christ, Aquila, Theodosia, Symmachus, and others translate it again, these with the Seventy made up the Hexapla, and all together were compiled by Saint Origen; yet as men they might have failings, which made the Apostles them∣selves to leave them, when they left the Hebrew letter.

A few hundred of years after Christ, the Roman Conquests having mastered many Nations, East, West, North and South, the Old Testament spake Latine, Latini Interpretes nullo `modo nu∣merari possunt, too man to be good, being all from the Greek; which moved Saint Hierom, the best Linguist and most learned of his age, to translate the Old Testament out of Hebrew into La∣tine, most admirable. Thus was it in Greek and Latine, before that the faith of Christ was generally embraced in the Roman Empire; but afterwards most Nations under Heaven followed their Conversions not by voice onely, but by the written Word. So then followed Gothick, Arabick, Beda into Saxon, Vallus into

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French, and after two hundred years, Charls the Fifth, Sur le nome Prudente, and Iohn Trevisa about Richard 2. his time, into English. The Gospels also by many, and afterwards we had it in Henry 8. his time in English; that all men may say, As we have heard,* 2.89 so have we seen.

The Church of Rome of long time would not admit them vulgar, in the Mother-tongue of any Nation, but onely in La∣tine, untill of late, permitted onely to some Professours of Pa∣pistry by licence of their Confessor, who must be sure to be soured with the Leven of their Superstition.

And would you think now at this time of Translation, that our own Brethren were better content with the ancient English, so long (say they) in use, without any more Supervising, alterati∣on or quaint perusal.

To answer them it was said, That all ancient Translatours did review their former Works, and so got credit even with the Iews, as accurately done. So did Origen, joyned with the He∣brew Original, and the Seventyes Translation. And Saint Austin exhorted Saint Hierom to a Palinodia or Recantation. I am sure the Papists have least cause of offence from us: How oft have they altered their Service-books? Of late Pius Quintus did; so that every several Bishop had a different Officium.

These were the justifiable Reasons that moved King Iames to command this Translation of such men as might say of them∣selves with Saint Hierom, Et Hebraeum sermonem ex parte didici∣mus & Latinum pene ab ipsis incunabilis. Nor was it hastily hud∣dled up, (as it is said, the Seventy did it in seventy days) but it was done over and over again, the pains of seventy times se∣venty days, out of Originals, Hebrew, Greek, Latine; consult∣ing with the Translators, Commentators, of Chalde, Hebrew, Syrian, Greek, Latine: nor neglecting the several Translations of all the Nations of Europe, untill now that it comes out most perfect.

The Psalms of David turned into Meeter,* 2.90 usually sung in our Churches, are the very same done into the Court English then of King Edward 6. days, by two or three godly men, but not learned, who took them from the Latine Translations common∣ly read in our Liturgy; these Psalms the King wished might then receive more proper Language, and more congruous with the Text.

Himself afterwards versified som, so did others very acute and learned (such particular Psalms proper to their affections) but the whole body was afterwards done by one, and the phrase not pleasing some peoples humours, (who were ver∣sed in the old, and mostly gotten by heart) they could never be admitted publick reception by command to be bound with the Bible.

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If fame hath nor over-spoken our Hierarchy of his time, there were not other soils that yielded either so frequent flocks, or better fed, and went not on more happily in those high steps of true blessedness, to save themselves and others in the main helps of tender Pastures and still waters; by the one I mean an inuring of the people to the principles of Orthodox Doctrines, by the other an immunity from factions, and disturbance of the publick peace of the Church.

It was the Kings observation, That partly the miscarriage of our People into Popery and other Errours, was their ungroundedness in the points of the Catechism. How should such souls be other, than turned about with every winde of Doctrine, that are not well ballasted with solid informations? From whence it was that the King gave publick order for bestowing the later part of the Religious Day in familiar Catechizing.

It was the ignorance and evil disposedness of our Cavillers that taxed this course,* 2.91 as prejudicial to Preaching; yet in truth, the most usefull is Catechetical; this lays the Grounds, the other the Walls and Roof; this informs the judgment, that stirs up the affection; What use is there of those affections that run before the judgment? or of those Walls that want Foun∣dation? And when that was in use, I have heard it confessed by some, that have spent the greater half of their aged life in the station of Gods holy service, they repent nothing so much, as not bestowing more hours in this Exercise of Catechism, and might justly quarrel their very Sermons, and wish the greater part of them had been thus exchanged for this speaking con∣ference. Those other divine discourses enrich the brain, and the tongue at best; this settles the heart; these but the descant to the plain song. And if herein Ministers be too much curious to satisfie the roving appetite of the tickling ears of curious Audi∣tours, their favour will be no better than injurious. So may you observe an indiscreet School-master, whilest he affects the thanks of an over-weening Parent, mar the progress of a for∣ward childe, by raising him to an higher Form and Authour, ere he have well learned his first Rules. Heat of zeal to hear, is as natural heat to the body; there is no life of Religion without it; but as the kindest heat, if it be not tempered with a due equality, wasts it self and the body too, so doth zeal, not mode∣rated with discretion. It is hard to be too vehement in contend∣ing for main and evident truths, but litigious and immaterial ve∣rities may soon be over-striven, for needless seeking a scruple of truth, to spend a pound of peace.

The Church of England, in whose motherhood we had just cause to pride our selves, hath in much wisdom and piety deli∣vered her judgment of all necessary points in so compleat a bo∣dy

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of Divinity, as all hearts might rest therein, not their truths onely, but their sufficiencies; the voice of God in holy Scrip∣tures, the voice of the Church in her Articles.

As for her Rules, Forms and Dress, in Discipline, let it be examined whether the Luminaria magna, the Bishops were so severe, as to introduce antiquated Orders, or to impose novel Ceremonies, rather did they institute and discontinue some, though of use, yet superfluous, offensive to weak ca∣pacities, whose judgments could not concoct such fulsom mat∣ter, though palliated heretofore under lively names of Order and Decency.

And yet see what Sir Walter Ralegh said then, prophetically writing the effects after such Ceremonies should cease.

The reverend care (saith he) which Moses the Prophet and Ser∣vant of God had in all that belonged even to the outward and least parts of the Tabernacle, Ark, and Sanctuary,* 2.92 witnesseth well the in∣ward and most humble zeal born towards God himself.* 2.93 The industry used in the framing thereof, in every and the least part thereof; the curious workmanship thereon bestowed; the exceeding charge and expence thereof in provisions; the dutifull observance in laying up and preserving the holy Vessels; the solemn removing thereof; the vigilant attendance thereon, and the provident defence of the same, which all Ages have in some degree imitated, is now so forgot∣ten and cast away by this super-fine Age, by those of the Family, by A∣nabaptists, Brownists, and other Sectaries, as all cost and care bestow∣ed and had of the Church, wherein God is to be served and worshipped, is accounted a kinde of Popery, and as proceeding from an idola∣trous disposition; insomuch that time would soon bring to pass (if it were not ••••sisted) that God would be turn'd out of Churches into Barns, and from thence again into Fields and Mountains, and under Hedges; and the Officers of the Ministery (robbed of all dignity and respect) be as contemptible as those places; all Order, Disci∣pline, and Church-government left to newness of opinion, and mens fancies; yea, and soon after, as many kindes of Religions would spring up in Parish Churches within England; every con∣tentious and ignorant person pleasing his fancy with the Spirit of God, and his imagination with the gift of Revelation; insomuch as when the truth, which is but one, shall appear to the simple multi∣tude, no less variable than contrary to it self, the faith of man will soon after die away by degrees, and all Religion be held in scorn and contempt. Which Distraction gave a great Prince of Germany cause of this Answer to them that perswaded him to become Lutheran.

Si me adjungo vobis, tunc condemnor ab alis, si me aliis adjungo, a vobis condemnor. Quid fugiam video, sed quid sequar, non habeo.

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The time was come the first Anniversary Celebration in Eng∣land with religious Rites and sacred Ceremonies of the unfor∣tunately fortunate Nones of August, noted in Red Letters in the Calendar,* 2.94 to represent the bloud of many thousand Martyrs spilt of that day, by Dioclesian in Rome; but now to be distin∣guished with golden Letters in ours, in memory of two renown∣ed Kings in these Kingdoms; the one receiving life, the other escaped death, on this day; the Nativity of King Oswald, who united the Crowns of England and Scotland, which were severed afterwards for many Ages, and who in the end died a Christian Martyr, and sealed it with his bloud; the other King Iames, miraculously preserved from Gowry's Conspiracy, Anno 1600. and who now again unites these Crowns: and therefore we may change the old spell of the Martyrs, Quintum fuge into Quintum cole; if not for the Genesis of that one into life, yet for this o∣thers Exodus out of the Chamber of death.

And as this King never failed of the day Tuesday, weekly, to hear a Sermon, so neither of the Annual time unto his death, kept holy by him, and all his good Subjects: and the truth of the Conspiracy sufficiently recorded heretofore,* 2.95 and shall be hereafter confirmed, Anno 1608. Though our Historian died it seems of a contrary faith in that, himself being evenly conform to Gowry's loyalty,* 2.96 Affectiones facile faciunt opiniones; for he passes it over with this Odiism, That Gowry assaulted him, or he Gowry.

About this time a Commotion was stirred up by some Com∣moners against ingrossing their Ground;* 2.97 when the King chan∣ced to be invited in his hunting Journey, to dine with Sir Tho∣mas I. of Barkshire, and turning short at the corner of a Common, happened near to a Countrey-man, sitting by the heels in the Stocks, who cried Hosanna to his Majesty, which in∣vited him to ask the reason of his Restraint; Sir Thomas said, It was for stealing a Goose from the Common. The Fellow re∣plied, I beseech your Majesty be Judge, Who is the greater Thief, I for stealing Geese from the Common, or his Worship for robbing the Common from the Geese? By my Sale, Sir, (said the King to Sir Thomas) Ise not dine to day on your Dishes, till you restore the Common for the poor to feed their Flocks. Which was forth∣with granted to them, and the witty Fellow set free, and care soon taken to quiet Commotions.

The Plague ceasing, which hitherto bounded all mens ex∣pectations and persons at a distance; the people now flock up to London, to take view how the King would settle Laws and Constitutions afresh for the people.* 2.98 A Parliament was ex∣pected, (the peoples Idol in those days) which the King consi∣dered, according to the power and interest of Lords and Com∣mons therein; and which thus grew up into a Body.

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After the period of the Saxons time in England, Herald one of the great men got power, and put himself absolute, the rest of the Satrapas call in Wi••••iam Duke of Normandy, (an active and fortunate Prince against the French King) the Duke leads over hither many the younger Sons of the best Families of Normany, Picardy, and Flanders: and getting this Kingdom by the Sword, he shared out his Purchace, retaining to himself a Portion in each County, and called Demenia Regnt, ancient De∣means, Crown-lands.

He assigns to others his Adventurers, suitable portions to their qualities, retains to himself dependency of their personal Services, and were stiled Barones Regis, Free-holders.

As the King to these, so they to their followers, subdivided part of their shares into Knights fees, and their Tenants were cal∣led Barones Comitis.

The Kings gifts extended to whole Counties, or Hundreds at the least; the Earl being Lord of the one, and a Baron of the inferiour Donations, to Lords of Townships or Mannors.

As the Land was thus divided, so was Iudicature; each seve∣rally, from the King to the meanest Lords, had their Court-Ba∣rons, yet perhaps Reddebant Iura by twelve of the Iury, called Free-holders Court, who with the Thame or chief Lords were Iudges.

The Hundred was next, whence Hundredus or Aldermanus,* 2.99 Lord of the Hundred, wherewith the chief Lord of each Town∣ship judged within their Limits.

The County or Generale placitum was next, Ubi Curiae Domino∣rumprobantur defecisse pertinet ad Vice-comitem Provinciarum.

The last was Generale placitum apud London, universalis Syno∣dus,* 2.100 the Parliament of England, consisting of King and Barons onely, who ruled affairs of State, controuling all Inferiours.

So were there certain Officers of transcendent power for exe∣cuting (not bounding) the Kings will, those were Steward, Con∣stable, Marshal, heretofore fixed in Fee to Families; they (as Tribunes) grew too bold, and their power was lessened after the death of that daring Eal of Leicester slain at Evesham.

Henry 3. by hard experience of his Father, lessened their po∣wer, by examining their usurpations over Regality, being be∣come Tot homines tot Tyranni.

Then began the favour of Kings to the Commons in Parlia∣ment,* 2.101 and they to joyn with the Peers, from whence it became the wisdom of Princes, how to mannage this Government, and to maintain this Form, Lest some of this Body knit under one Head should swell and grow monstrous.

And Monarchy may sooner groan under the weight of Aristo∣cracy, as it often did, than under Democracy, which till now it

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never felt nor feared. The Actions of which singly are incon∣siderable, after many Conjunctions grow at last into one great perfecting power, or into Destroying Factions, like smaller Brooks falling into some Main River.

The Parliament of England,* 2.102 of long time, and at this pre∣sent, was come to be a Convention of the Estates of the King∣dom, assembled by the King, of Bishops, Peers, and Peoples Commissioners. They sat in two Senate-Houses, or Chambers, named a Higher and a Lower.

The Higher (called also the House of Peers) the Bishops and Peers, viz. Dukes, Marquesses, Earls, and Barons sit together; with whom sit the Judges of the law, for their advice, not voice.

The Lower House (called also the House of Commons) is consti∣tuted of Knights of the Shire; two Elected of every Shire, and of Cities and Incorporations, one or more Burgesses. The day and place of Assembly is appointed by the King, and ad∣journed, removed elsewhere, and dissolved at his pleasure.

The Lords or Peers are called by writs transmitted to them under the Kings hand. The Commons, by the Kings writ out of Chancery.

The writ to the Peers runs thus,* 2.103 James by the Grace of God, &c. To the most reverend father in Christ (so he stiles the Bishops) Cou∣sin, (if he speaks to the Peers) for as much as by the advice of our Council, upon some diffident and urgent affairs, us and the State, and defence of our Kingdom of England; and the Church of England concernant; We have ordained that our Parliament be held at, &c. there to consult and Treat with you and the rest of the Prelates, No∣bles, and Heads, of our said Kingdom of England. We strictly charge and command you on your faith and love (if to the Bishops) by your fealty and Alleagance (if to the Peers) wherein you stand bound to us, that considering the difficulty of the said affairs, and the dangers iminent, laying aside whatsoever excuse, you be personally present on the said day and place with us, and the rest of the Prelates, Nobles, and Heads, to treat and give your advice, touching the said affairs; and this as you tender us and our Honour, and the safe∣ty of our said Kingdom and Holy-Church, and dispatch of the said affairs, may you in no wise omit (if he writes to the Bishops) to warn the Dean and Chapiter of your Church, and the whole Clergie of your Diocess, that the same Dean and Arch-Deacons in their proper persons, and the said Chapiter by one, and the same Clergie by two sufficient substitutes, having plenary and sufficient power from the said Chapiter and Clergy, be personally present on the said day and place, to consent to these things, which then and there by the favor of the divine Clemencie, shall happen to be ordain∣ed by the Common advice of our Kingdom. Witness ourselves, &c.

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The other writ to the Sheriffs and Mayors of the Cities and Corporations, is thus. The King to the Sheriff Greeting. For as much by the advice and consent of our Council (and so goes on as a∣bove) and there to confer and treat with the Prelates, Peers,* 2.104 and Heads of our Kingdom. We strictly charge and command you, that by proclamation made in your Shire, upon the receipt of our writ, you cause two Knights, with swords by their sides, the most suffici∣ent and discreet of the Shire, and of every City of that County two Citizens, and of every Borough two Burgesses of the most discreet and sufficient, to be freely and indifferently chosen by such as shall be present at the Proclamation, according to the form of the Statutes on that behalf set forth and provided; And the Names of the said Knights, Citizens and Burgesses, to be inserted in certain In∣dentures, to be drawn between you and them, that shall be present as such Elections, whether the persons so chosen be present or absent; And then to come at the same day and place, so that the said Knights have full and sufficient power for themselves and the Communalty of the said Shire, and the said Citizens and Burgesses for themselves and the Communities of the Cities & Boroughs respectively from the same, to do and consent to such things, as then and there shall happen by Gods assistance to be ordained by the commune advice of our King∣dom, concerning the affairs offered, so that by your neglect therein, the said affairs in any case remain not undone. Notwithstanding we will not that you or any other Sheriff of our Kingdom be chosen.

At the day and place they meet at the Church first, then at the Parliament-Houses, orderly in their Robes, with solemn gate, such as might increase in the people, the authority of their sit∣ing.

Then the King enters the Upper-House, and either in his own person, or by the mouth of his Chancellor, declares the weigh∣ty causes of their Assembling, in Contemplation whereof, he desires their advice, to communicate their Counsels, (in doubt∣full matters, most certain.)

That himself be present at these consultations, needs not, but only as oft as he sees good. There is no necessity after this, unless in the end of the Session, to add the strength and force of Laws, to their results.

The Knights, Citizens, and Burgesses in the Lower-House, are Man by Man called forth by their Names, by some one delegated by the King, and each is made to take the Oath of Alleageance,* 2.105 heretofore was this. I will keep true faith and Al∣leageance to James by the grace of God, &c. King, His Heirs and successors: Him and them I will defend, to my utmost strength, and with the hazard of my life and fortunes, against all conspiracies and attempts against his Person, Crown, and Dignity.

And lest any should dream of a Consortship in Govern∣ment,

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there was superadded the Oath of Supremacy in these words.

I A. B. do utterly testifie and declare in my conscience,* 2.106 that the Kings Highness is the onely Supreme Governour of this Realm, and all other his Highness Dominions and Countreys, as well in all Spiritual and Ecclesiastical things or causes, as Temporal; and that no forein Prince, Person, Prelate, State, or Potentate hath, or ought to have, any Iurisdiction, Power, Superiority, Pre∣heminence or Authority Ecclesiastical or Spiritual within this Realm; and therefore I do utterly renounce and forsake all forein Iurisdictions, Powers, Superiorities and Authorities; and do pro∣mise that from henceforth I shall ear Faith and true Alleageance to the Kings Highness, his Heirs and lawfull Successors, and to my po∣wer shall assist and defend all Iurisdictions, Privileges, Prehe∣minences and Authorities, granted or belonging to the Kings High∣ness, his Heirs and Successors, or united and annexed to the Impe∣rial Crown of the Realm.

Thus oblig'd to their duty they chuse a Speaker, whom they accompany to the King, whose Election they desire him to rati∣fie, whom the King usually is pleased with, which done, the Speak∣er in his own and the House of Commons name gives thanks, and beseeches, That the Lower House may use their Privileges and freedom of debating; That if any therein shall happen to be more earnest in his own opinion, his Majesty will vouchsafe not to take it ill, nor be angry, and that they may have access to the Kings Majesty or Higher House, as oft as matters require▪ which leave being granted, they are dismissed.

Both Houses have free liberty to debate of matters propound∣ed by the King, or touching making or abrogating Laws, and to determine; to commit to writing what is to be transmitted to each other by Messenger; whereto if upon debate had, there ensue an assent by Votes, the consent is noted upon the top of the Bill in this form, amongst the Lords, Les Seigneurs ont as∣sentes; among the Commons, Les Communes ont assentes: but if they differ, both Houses (not seldom) meet, or else principal per∣sons chosen out of them, to confer together in a commodious place for their meeting in the Painted Chamber; there the Com∣mons standing and uncovered, with great observance, receive the Lords, covered and sitting, and there they confer; if they discord, that business comes to nothing; but if they agree, they present it to the King, which if he allows, he writes, Le Roy le veult, and so, as by a Soul infused into a Body, it receives life, and becomes an effectual Law, forthwith to be promulga∣ted to the People; but when the King refuses to approve it, he

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writes on the top of the Leaf, Le Roy s' avisera; sometimes he denies it in terminis, and thereupon are reputed dasht.

The sacred matters the King permits not to be handled by Parliaments,* 2.107 but Synods, unless (it may be) for the force of Laws from Parliamentary Authority, which they cannot so fully obtain from their divine verity. The Deans, Arch-Deacons, Procura∣tours for the Chapters, as also for every Arch-Deaconry, the for∣mer being delegated by the Suffrages of the Prebendaries, these of the Ministers, meet in a place assigned to debate touching them, where having first chosen a Prolocutor in the name of the Clergy, they determine concerning Heads of Religion, Ceremo∣nies, and other matters belonging to the Church; as also grant∣ing of Subsidies to the King; whose Results notwithstanding, are not obtruded on the Seculars to be observed with the Au∣thority of Laws, untill (as above-said) they be allowed by assent of King and both Houses, being provided, That Civil hands should not intermeddle in these affairs.

Our Chronicles tell us, That Queen Elizabeth expostulates with the Parliament, for that they had appointed a Fast without her ad∣vice, and were not restored to her favour▪ but upon obtaining of Pardon.

Both Houses have respectively their peculiar Privileges.

To the higher House,* 2.108 not onely to give counsels and to assist in making Laws, but likewise to exercise the power of Iudica∣ture, and so of imposing Oaths in the more weighty causes, as corruption of Iudges and Magistrates, and in last Appeals, which yet to bring back to examen, without the Kings permission and Patent, (the Lawyers say) is praeter-legal, nor do they so, unless the Judges of Law sitting by.

The House of Commons have Privileges of supplicating and craving Right,* 2.109 or else the Accusers part, never challenged to it self the Office of Judg, save within their own Walls, and on their proper Members; and that extended no farther than pe∣nalty of Imprisonment, or Mulct; never having any right of pressing an Oath; and therefore in a Statute the House of Com∣mons say, That seeing Parliamentary Iudicature belongs to the King and Lords and not to the Commons, that they might not be obliged contrary to Custom to give Iudgment.

If any doubt touching the Election of their Members, it was heretofore determined by the Lords House, or by the Judg of the Kings Chancery.

If any of them had departed from the Houses without the Kings leave, and both Houses also, he was convened before the Kings Council-table, or Kings Bench, to undergo the penalty, and was not punished at the discretion of his own House of Com∣mons.

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But they have Privilege first to debate and determine of le∣vying money among the People.

This was the temperament of King, Parliament, and People in proper parts, not harming each other;* 2.110 for the Kings supreme Authority and Sword is as a sufficient power to vindicate the Laws from the Factions of the Grands and popular Tumults; whilest in the mean time, the Lords with that chief Authority wherewith they are vested of Iudicature and Legislation, put a curb, on one hand to the Kings Tyranny (if he extravagate) on the other, to the tumultuating populace; and in semblable man∣ner, the People, by that their power of accusing whom they please, and of granting or denying moneys, are in a sufficient capacity to retrench the licentiousness of the Nobility, and of the Kings Counsellours, and break the Kings impetuous incroch∣ing on the publick.

The Laws have exceedingly provided, That the freedom of voting and debating be not hindered, through fear of insolent persons; therefore none may come into either of their Houses, with a Sword, or armed.

The Members and their Servants not to be arrested for Debt, or offences, though of a mean alloy, and if any so attached, he may not be free, but by a Writ out of the Chancery.

Seldom, and that upon weighty cause, would Kings create of∣fence to so venerable an Assembly; however it hath so faln out, that excellent Princes upon too great provocations have reprehend∣ed the Senate, and punisht some Offenders, convening them be∣fore the Judges of the Kingdom, imprisoned, fined, and put to death sometimes.

Thus (by past) stood the state of Parliaments, when the King came in,* 2.111 and calls one in March; the King, Queen, and Prince some days before rode from the Tower to his Palace of White-hall, in such Triumph as the several Pageants at each convenient place, with excellent Oratory, assured them the affections and duty of his Subjects, as they did some days afterwards when the like occasion presented them in state to this Parliament.

And as usual with all Sovereigns his Predecessours,* 2.112 them∣selves or Chancellour, sweetens the Members with some Rhetori∣cal Oration, to the purpose of calling that Assembly; and this the King undertakes now, as best able of any Prince his Prede∣cessours, or any other Assistant, for wit or wisdom to compare with him: and therein he lays open his heart to both Houses, in a very long Speech. But because it is in print, and bound with the Volume of his Works, I shall adventure to abreviate here, for some light to the Reader, in this History which follows. But then, in this, as in other his most eloquent and gracefull Speeches hereafter, where you meet with any of his, to turn Martial his Apo∣strophe upon me.

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Tu male jam recitas, incipit esse tuus.

And first, he discovers his real constitution and thankfulness in three Forms and Reasons of his Convention of them.* 2.113

In the first he renders to them (the Representatives of his Peo∣ple) his Princely thanks, for their affection in receiving him in his Right to the Crown.

The other two,* 2.114 he describes by the effect of his Actions, and shews them the blessing of his Person, in their outward Peace with his Neighbours, with whom he found this State im∣broiled.

Secondly,* 2.115 Peace within, issuing not onely by his lineal descent from Henry 7. in the union of the two Houses of Lancaster and York, but also the union of these two Kingdoms, illustrated in the conformities of Religion, Language and Manners; in their security of salvation, encompassed with a Wall of Water, and therefore, Quae Deus conjunxit nemo separet. And he being the Husband, Head, and Shepherd, advises them to a joyfull Union, by comparison of this blessing in the Union of the petty Principalities, heretofore of this Nation, into one Kingdom; as also the composure of divers Duchies in the entire Monarchy of France, those being happy though conjoyned by the Spear of Bellona; but we, the greater blessing, being bound up by the Wedding-Ring of Astrea, having an appearance of perpetuity in the blessing of hs hopefull Issue, and his profession of true Re∣ligion, which he distinguishes from the Catholick Papist, and also from another Sect (rather than a Religion) which he calls a Puritan Novellist, differing from Truth in a confused Form of policy and parity insufferable.

He acknowledgeth the Roman-Church to be our Mother-Church, defiled with some Infirmities, as the Iews Church be∣fore Christ Crucified▪ But as not wishing a sick man dead, but his body to be purged, Excusable in the Laicks, either as well mind∣ed subjects, inured thereto by birth and custom of Age, or young by evil Education, and therefore not to punish their Bodies, for the Errors of their Mindes.

As for their Clericks, their doctrine and practice insuffera∣ble; The Arrogancie of the Popes Supremacie in the One, and Murthering Kings in the other. Otherwise he doth reve∣rence Antiquity, in the points of Ecclesiasticall Policie, and so cleers himself from Heresie in Faith, or Schism in Government. But with this Caution to all, as he is a friend to their Persons, so an Enemy to their Errors. Advising the Bishops, by their Ex∣emplary Life to convince the others doctrine.

The third Reason of calling this Parliament, in the action

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of his thankfullness is, first, in making Some Laws, by preser∣ving the weal of the Kingdom, and in discretion, of not ma∣king too many, because In corruptissima Republica plurimae Le∣ges; Secondly in execution of them, by the Iudges and Ma∣gistrates; whom he advises not to utter their affections in that Office, of Hate to a Foe, or Love to a Friend, fear to offend the Great, or pitty to the misery of the meaner, but to be blind in distinction of Persons, Handless for bribes; and there∣fore describes them, three principall qualities, Knowledge to discern, Courage and Sincerity to execute.

And thus having told them the three causes, tending only to his thankfullness but in divers forms. The first by Word, the Other by Actions, he concludes himself to be Inutilis servus; His felicity consistng in their prosperity; and gives them his Apologie for three things, expected from him by so many; advancement of Honor, preferment of credit, and reward in Land. In all he hath been reasonable and honorable, for re∣freshing some persons that were Members of a Multitude, and if his infirmity hath exceeded, He blames the Importunity of Suters, which experience, time, and labour shall recover, to teach his Subjects not to crave, nor he to grant.

The Parliament unused to Princely Eloquence and Learning withall,* 2.116 contracted their dutyfull affections to his Eminent vir∣tues, and willingly understood the Kings ayme, to unite also the two Kingdomes; which was soon put forward by proclama∣tion of his Title of Great Britain, our coins, all Ensignes of honor quartering this Conjunction of crosses, Red cross for England, and Saint Andrews white for Scotland.

And the Parliament by act, Commissionate eight Lords and twenty Commons to treat with other Commissioners Scotch∣men, for the honour and profit of both Nations.

The King thus far setled with his Parliament and people, not without wonder of all our Neighbour Nations,* 2.117 having lain at watch for conveniencie and honor, to piece with so po∣tent a Prince, the advantages alike to either.

They came almost together, The Constable of Castile from Spain, and another from the Arch-Duke, Rory Duke of Solia from France, to treat of Peace, Barnevelt from the Nether∣lands. Solia was a gallant Man, an excellent Courtier as they are all. His business needed no other policy of State, but to congra∣tulate the Kings peacable and happy Possession, for they had a Leiger in Scotland, that came in with the King. But the other two were Enemies, and were to treat for establishing a firm Peace, which was granted,* 2.118 and do doubt they might make up of their Masters bounty to be so soon dispatcht, for France mightily opposed, and with little cunning of our Counsel, the Spani∣ards

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dealt their golden Pistols to hit the mark. And as they lay equally ready, so their desires for Convoy hither, came toge∣ther and had order accordingly. Sir Robert Mansell Vice-Admi∣ral for the Narrow-Seas attended at Graveling for the Spaniard. And his Vice-Admiral of the Fleet Sir Ierom Turner at Calais for the French, who coming first disputed the choice, and de∣sired the Admirals ship, but being told that he was command∣ed by Commission for the Other; Monsieur in much disdain, put himself in the French Passage-boat, and in a brave, bore his flag on the Top. Mansel commands Turner to shoot a warning and after to hit, who took in his flag; but complained at Court, where his faction was powerfull: yet the Justice and ho∣nor of that old Custom and Authority, maintains his Act a∣gainst them all, being in himself besides, a gallant brave Com∣mander.

The Puritan was much troubled to be ranked with the Papist in the Kings Parliament Speech, and to be termed so: and somewhat they said too saucy, and therfore were to expect more cause to chaw the cud▪ for the King proclames all Conformity to the form of Gods Service,* 2.119 established in Doctrine and Discipline to Gods Word, and the Primi∣tive Church; that the Conference of late at Hampton Court conclu∣ded no cause of alteration, notwithstanding the fiery pretended Zelots renewed the Question in Parliament, and had been satisfied by the Kings Speeches and otherwise; that particular and personal abuses are remediable other ways than by general alteration. That all shall conform and have warning till the last of November next, o otherwise to dispose of themselves or Families, to other meet persons in their places, July 1604.

These men were now stark mad, and intelligence hereof they send to their dear Brethren in Scotland, that they should be enforced also to conform to the utter destruction of their Sion there. To qualifie this News, another Proclamation comes out in September after, against such calumnious surmises. That the King will not alter that Form of Government, proper for their constitution, without Counsel there; and so refers mens xpectation to the general Assembly to meet at Dundee in Scotland in July after.

It was usual with the Presbyters in Scotland to have a general Assembly once a year,* 2.120 and oftner, pro re nata, upon any urgent oc∣casion. The last was a little before the Kings coming hither, 1602. And the next this appointed at Aberdene this year, and therefore then adjourns that Meeting, (unto which he especially had an eye, as mistrusting their ill humors) to this Summer, 1604. And now also prorogues it to a longer day by Proclama∣tion in Scotland. Notwithstanding thirteen of them convene at Aberdene, and in spite of the Council Authority, they formallized their Judicature by constituting a Moderator, a Clerk, and other

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essential Members. The Privy Council there send a Messenger ac∣companied with a Herald of Arms, to discharge and dissolve their Meeting. These holy Fathers in this Sanhedrim, protested, They would not, nor could, give way to the Kings sacrilegious power usurped, which properly belonged to the Church virtual the Assembly, and so sat still till they pleased, and after appointed a day for the next Assembly. The King hears of this, and commands them to be cited and punished.

These men undanted, appear with a Protestation, a Declinati∣on from the Kings Council, and appeal to their own next General Assembly, as the sole and competent Judg; and were therefore pursued criminally before their Lord Iustice General upon the Act of Parliament, 1584. for Treason.

Some of them acknowledged their fault, the rest (Zelots) were convict ad terrorem, and banished, and after upon submissi∣on, were restored to better Benefices.

The excellent Acts and Laws in this Session proroged to the fifth of November,* 2.121 I finde our voluminous Historian passes over, excepting against their number too tedious for his brevity, be∣ing unwilling to mention any thing of so much honour to the King, though he can waste time and paper to tell you, that the blessing of his Initiation Peace and Plenty, brought idle people to Luxury; Roaring-boys, Bravadoes, Roisters, and makes it a fault in the King, that he breeds his People no better.

The Parliament began the 19. of March, 1603. and continu∣ed untill the 7. of Iuly 1604. and then prorogued unto the 7. of February.

In this Parliament they made a Recognition of the lawfull de∣scending of the Crown to the King, his Progeny and Posterity.

Commissioners of England and Scotland for to treat of the Union.

That no Bishop should assure Lands to the King.

Former Statutes against Recusants to be executed.

Divers other Statutes concerning the City and several Towns Corporate, as also other Statutes for the good of the Land.

And conclude with a Subsidy of Tunnage and Poundage of Wools, &c.

The Kings second Son Charls, heretofore in Scotland created Duke of Albany,* 2.122 Marquess of Ormond, Count Ross, and Lord of Ard∣mannoth, is now this year created Duke of York, by the girding of the Sword, Cap and Circlet of Gold put upon his Head, and golden Verge into his Hand, to him and his Heirs males for ever, with the Fee of fourty pounds per annum, out of the issue and profits of that County. He is made by Patent▪ and witnes∣sed by all the Lords of the Privy Council and other Peers of the Realm at Westminster, the 6. of Ianuary, 2. Iac. 1604.

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K. Edw. 3. by his Charter created Edward his eldest Son the black Prince Duke of Cornwall cum feodo, to him and his Heirs the first begotten Sons and Dukes of the same place; so that he that is hereditable Duke of Cornwall is Dux natus, non creatus; and the first day of his birth is in Law presumed to be of full age, and may sue out his Livery, as at one and twenty years; and this was the first Duke in England; the reason may be, because the Norman Kings themselves were Dukes of Normandy, for a long time they adorned none with this Honour of Duke.

The Papists had very evil success in all their Designs hereto∣fore against Queen Elizabeth and her Religion,* 2.123 and were some∣what quieted, in hopes that the Kings reception hither, might prove troublesom, and so proper for them to work in such wa∣ters: but the Kings late Speech was desperately understood; for they being denied Toleration, plot his and the whole States de∣struction, by blowing up all in the House of Parliament; A story so horrid, and therefore so necessary to be communicated, to the memorial of our Childrens Children.

The Parliament having been twice prorogued already,* 2.124 in re∣gard of the Seasons of the year and the Terms; The time draw∣ing near their Sitting, upon Saturday ten days before, about se∣ven of the clock at night, a Letter sealed was delivered by an unknown Fellow unto a Foot-man of the Lord Mounteagle, Son and Heir to the Lord Morley, charging him to give it to his Lords own hands, who opening the same, found it without Date or Subscription, and in Letters not easily legible, and the matter to him, less intelligible; but as God would have it, he in this doubt, repairs herewith to the Earl of Salisbury, principal Secre∣tary of State, who also in some doubt of the construction, the King being absent, in his return from Roiston, they acquainted the Lord Chamberlain the Earl of Sufolk herewith, and after consultation they joyned the Lord Admiral, the Earls of Wor∣cester and Northampton, but stayed all manner of proceeding, un∣till the Kings coming Thursday night next after.

Salisbury shews it him. The Letter was.

MY Lord,

out of the love I bear to some of your Friends, I have a care of your preservation; therefore I would advise you, as you tender your Life, to devise some Excuse, to shift off your at∣tendance this Parliament, for God and Man have concurred to punish the wickedness of this Time. And think not slightly of this Adver∣tisement, but retire your self into your Countrey, where you may ex∣pect the event in safety; for though there be no appearance of any sir, yet I say, they shall receive a terrible Blow this Parliament, and yet they shall not see who hurts them.

This counsel is not to be contemned, because it may do you good,

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and can do you no harm,* 3.1 for the danger is past so soon as you have burnt the Letter: and I hope God will give you the grace to make good use of it; to whose holy protection I commend you.

The King conceived the Letter not to be contemned, the stile quick and pithy, not usual with Libells, and judged the words [terrible Blow this Parliament, and not see who hurts them] to be meant by Gun-pouder, joyning thereto the other words [For the danger is past so soon as you have burnt the Letter] to be meant sudden and quick danger, as the blaze of Paper by fire. This was the most happy construction of [burning the Letter] which in truth, was onely as the ordinary advice in Letters of secrecy, to burn them, lest they should tell Tales, or bring danger to the person receiving them.

However, at the next Meeting with the other Lords, it was determined to search and view the Rooms of the Parliament-Houses, by my Lord Chamberlain, to whose place it belongs, where the Vault under the Lords House was stuft with Wood and Coals, hired by Master Thomas Piercy, Kinsman to the Earl of Northumberland, for his private use, lodging in the Keepers house, one Whineyard. Piercy was a violent Papist, and Mountea∣gles Friend, who presently made judgment, that the Letter might come from him: so that the care and further search was committed unto Sir Thomas Knevet, a Iustice of the Peace for Westmister, who the night before the Parliament, at twelve of the clock with competent assistance, at the very entrance with∣out the Door of the Lodgings, they seize in safety one Guido Fauks, calling himself Ihn Iohnson, and Piercie's man, booted and drest so late. Then searching the Vault, and removing some Billets, they found six and thirty Barrels of Pouder, and after in Fauks his Pocket three Matches, a Dark Lanthorn, and other Im∣plements, nay, the Watch, therewith to tell the Minutes for Exe∣cution. All which he soon confessed, and that had he been within, they should all together have found the effects of sudden de∣struction.

About four of the clock Knevet presently acquaints the for∣mer Lords, who arise and tell the King, that all was discovered, and one man in custody. Instantly the Council convene, exa∣mine Fauks, who of a Roman resolution, refuses to discover any Complices, owns the Plot himself, moved onely for Religion and Conscience, being a Papist, denying the King to be his law∣full Sovereign, but an Heretick.

But the next day carried to the Tower, and threatned with the Rack, his Roman guise visibly slackened, and by degrees he ap∣peared, relenting, and so confessed all.

That a Practice in general against the King for relif of the

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Catholicks was propounded to him about Easter was Twelve-moneth beyond Sea, in Flanders, by Thomas Winter, and after in England was imparted to Robert Catesby, Thomas Piercy, and Iohn Wright, and Catesby designed the way to blow up the Par∣liament,* 3.2 because (he said) as Religion was suppressed there, Iustice and Punishment should be there executed.

Piercy hires a House near the Parliament House, and began our Mine, December 11. 1604. The Work-men were these five, and after that another, Christophor Wright: the Mine wrought to the very Wall was so thick, that we took in another Labourer, RobertWinter; and whilest these work, Fauks watcht Sentinel, always with Muskets and Arms, rather to die than be taken.

But being half way through the thick Wall, they heard a noise on the other side, removing Sea-coals in the Cellar adjoyn∣ing, which so pat for their purpose, Piercy hired Coals and Cellar for a Twelve-moneth, and so saved their other labor, and fitted the Cellar with Wood and Pouder.

That about Easter the Parliament prorogued till October, they all dispersed, and Fauks retired to the Low Countreys, to acquaint Owen with the Plot, and returned about September, and with-drew into the Countrey till October 30.

That the same day of Execution, some other Confederates should have surprized the Princess Elizabeth, at the Lord Ha∣rington's in Warwickshire, and proclamed her Queen.

He confessed, that others were privy to this Conspiracy. Sir Everard Digby, Ambrose Rockwood, Francis Tresham, Iohn Graunt, and Robert Keys.

The next apprehended was Thomas Winter, who in some seeming compunction and sorrow,* 3.3 wrote his voluntary Confes∣sion.

That in the first year of King Iames to this Crown, 1603. I was sent for to come up to London to Iohn Wright at Lambeth, (called Faux Hall) where he first informed me of this Pouder-Treason, to blow up the Parliament, that the nature of the Dis∣ease required sharp Remedy, and so we agreed; and my Design was to go over to Bergen-op-Zome, to petition the Constable of Castile, ready there to come over Ambassadour for his Catholick Majesty, by whose means here the Catholicks might have favor; and there I met Guido Fauks, and brings him over to Catesby about Easter Term, and met also behinde St. Clements Strand, with Piercy and Wright, where we take Oath of secrecy, hear Mass, and receive the Sacrament, (and so sorth, as Fauks hath confessed) onely we resolved to convey their Pouder by de∣grees unto Catesby's house at Lambeth, and so to be brought over by Boat when the Mine was ready, and received one Keys as a trusty man, for our purpose.

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In the time of their Mining, they framed their Plot into some fashion, what to do for the Duke as next Heir, the King and Prince Henry blown up, Piercy undertakes with his Confederates to seize the Duke at St. Iames, whilest most of his Servants might be about Westminster, and with Horses ready at the Court-gate, to horse him away into the Countrey, whilest most men amazed at the Blow, the Duke might easily be mastered.

And for the Princess Elizabeth in the Countrey, some Friends gathered together under colour of Hunting, near my Lord Ha∣rington's, might seize her to Catesby's house, which was not far off, at Ashby, and he undertakes for that.

They provide for Money and Horses, and to save as many Catho∣lick Lords, as could be advised to forbear the Parliament. Next, that forein Princes could not be enjoyned secrecy, nor oblig'd by Oath, nor were they sure that such would approve their Plot; if they did, yet to prepare so long before, might beget suspition: the same Letter that carried the News of the Execution, might in∣treat for assistance and aid.

That Spain his motion (like a large Body) was too slow, in his preparations in the first of Extremities.

France too near and dangerous, who with Holland shipping, they feared most.

And because the charge of the work hitherto, lay hard upon Catesby, they called in Sir Everard Digby, who frankly lent fifteen hundred pounds to the business, and Mr. Francis Tresham two thousand pounds, and Piercy promised all the Earl of Nor∣thumberland's Rents, which he would seize, near forty thousand pounds, and ten Horses.

And because they were informed that the Prince would be ab∣sent from the Parliament, they resolved of more company to seize him, and to horse him away on the other side of the Thames, and let the Duke alone.

Two days after this discourse, being Sunday, comes news to Thomas Winter of a Letter to Mounteagle to advise him to absent from the Parliament, which Letter was carried to the Earl of Sa∣lisbury; Winter tells this to Catesby and Tresham, whom they suspected: but all forswear the Letter, and resolve to see the issue, which they feared would fail of their purpose; but on Munday, Catesby resolves to go to Ashby, and Piercy to follow.

Tuesday early comes the younger Wright, and tells Winter, that he is going to call up the Earl of Northumberland at Essex house, where they both finde one Lepton got on hors-back at Essex gate, which was conceived to seek out Piercy; but Winter going to White-hall, findes the Gates shut, and the way to Westminster guarded; and being told that a Treason was discovered to blow up the Parliament, he hasts to his Horse and gallops down to

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Catesby to Dunschurch, the place of Rendezvouz. On Thursday they meet there, seize Arms at the Lord Windsors, and that night to Master Stephen Littleton's house, one of their number; when news came that Catesby was burnt by accident of drying their Pouder, Littleton advises Winter to fly, he would not, till he might see his Friends, Catesby's body, and bury it; but finding him reasonable well, with Piercy, Wright, Rockwood, and Grant, they all resolved to keep together, to fight and die; when the Countrey came in, both the Wrights killed, Catesby and Piercy with one Bullet, and Winter wounded and taken.

This was his Confession and true, but the whole story was thus interwoven.

The News spread abroad of this Accident,* 3.4 being on Tuesday morning the fifth of November, and the first day of Parliament; Winter and the two brothers Wrights hasten out of Town; for Catesby and Piercy were gone the morning before, and all of them towards their Rendezvouz in Warwickshire, towards Co∣ventre; where the very next day (about the hour that Fauks was taken at Westminster) Iohn Grant with others his compani∣ons (all Papists) broke open Benock's Stable, (a Rider of great Horses in that County) and carried away all, being eight of them; and so both this company, as also those which fled out of London, met at Dunchurch, Sir Everard Digby's house, on Tuesday night, having appointed a Match of Hunting the next morning, according to their former plotting.

But finding their treachery prevented, and not prevailing by a private villany, they now resolve to practise publick Rebellion, to make up their wickedness any way. And first, grounded their cause, Religion; with some provisions of Ammunition, Army, Pouder, and Horses, they roved up and down to gather company; by whose example it was possible, some other such like in other Counties might joyn Forces considerable to raise a Rebellion: of themselves, never in number above eighty Ser∣ving-men and Hors-boys, who were watcht hourly for fear of quitting their Masters quarrel; and so wandring through these Counties of Warwick and Worcester, were by the Sheriff of Wor∣cester, taken, killed, or disperst about Habbuch, Stephen Little∣ton's house.

Strange were the Accidents which brought the Countrey up∣on them; for as yet, the Kings Proclamations had not reacht thither, nor was their Treason discovered to them. But the Riot of Grant forcing the House for the Horses, was an insolency pur∣sued with Hue and Cry among the Commons, that the Countrey rise to know the reason. Sir Fulk Grevil the elder, was then Lieutenant of Warwickshire, whose wisdom soon apprehended the danger to be the Indices of Rebellion; instantly seizes Am∣munition

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and Arms of all; about him either absent from home, or doubtfull, and with such further directions, that a poor Smith got hold on Winter, who was rescued by his company, and six∣teen taken by the Towns-men, and by the Sheriff Sir Richard Verney sent Prisoners to London.

Sir Richard Walsh of Worcestershire pursues them to Littleton's house, as aforesaid, and there makes a stand, sends a Trumpet to command obedience to him, as his Majesties Minister and Sheriff, and not knowing more of their Treason, than was visible by the Tumult, promises to intercede with the King, to spare their pu∣nishment of Death. They as best witnesses to their own con∣sciences and high demerit, return him in scorn, That he must get more help, ere he be able to defend himself.

And whilest thus at parley without, the principal of them within, drying two pound of Pouder, far enough from the Chimney, yet a Spark flew out, and fell amongst it, blew up an∣other Bag-full (but not fired) and so maimed and disabled Catesby himself, Rockwod, Grant, and others of greatest account, there∣by made unable of forceable defence, and wonderfully ama∣zed, with horror of conscience thus to be met with, by mischief of their own Mineral, (In quo peccamus, in eodem plectimur) as forthwith falling down on their knees, prayed to God for par∣don of their sins, opened the Gates, and desperately seeking their own destruction; Catesby and Piercy back to back were kil∣led with one shot, and both the Brothers Wrights, and others slain; Winter, Tresham, and the rest taken alive, were sent to the next Gaol, and so up to London, and were met with by such a concourse of people out of the City, as the like were never seen▪ wise and weak, women and children, wondring at these Mon∣sters.

Tresham in the Tower died of a Strangury; the two Winters, Grant, Rockwood, Digby, Fauks, Keys, and Bates, were each of them at several times and places arreigned, condemned, and executed as in case of Treason.

To disjoyn them in their Designs.
These labored in the Mine.These were afterwards enga∣ged to them.
Esquires.
  • Robert Catesby
  • Robert Winter
Gentlemen.
  • Thomas Piercy
  • Thomas Winter
  • Iohn Wright
  • Christop. Wright
  • Guido Fauks
  • Thomas Bates,—Catesby's Man.
Knight.
  • Sir Everard Digby,
Esquires.
  • Ambrose Rockwood
  • Francis Tresham
Gentleman.
  • Iohn Grant,
  • Robert Keys.

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The second Session of this Parliament prorogued till the 5. of November, and being on the fourth day met again, they en∣larged other excellent Laws against Papists; wisely discerning, how that creeping Monarchy of Rome,* 3.5 by her Arch-Instru∣ments the Jesuits had already planted five Schools, as fit bates in divers reformed states, intending so to tempt those well-be∣lieving people, with that old forbidden Tree of knowledg, as they might sinne desperately against their Sovereign before they knew it. But the Parliament enacted the Anniversary Com∣memoration of this day to be observed for ever, with thanks∣giving to God for this delivery, of which a Man may hard∣ly assure any long continuance; Are we bound more to obey it, than the statutes of God Almighty for solemnity of several Festivals, which all Christians observe, and we onely neglect? And asscribing the discovery of this Powder-plot to the divine spirit of the King, by his Interpreting the dark phra∣ses of the Letter to Mounteagle,* 3.6 They gave to the King three intire subsidies and six fifteens together, with four subsidies of four shillings in the pound granted by the Clergie, amounting in all to four hundred fifty and three thousand pounds.

And Caecil for his good service was Created Earl of Salisbu∣ry.* 3.7

The Acts in this Session were these.

Certain Persons attainted of the Gun-Powder Treason and their Estates Confiscate.

An Act to prevent and avoid dangers of Papists Recusants.

To avoid the City and Court, unless Inhabitants here disa∣bled from Offices, nor to practise Law, nor Physick. Penalty one hundred pounds, wonderfull strickt.

Act for free Trade of all Merchants to Spain, Portingal and France as well as others, that have Incorporate Charters.

Against Misdemeanors of Attornies and Solicitors of the Law.

Act for a New-River-water to be cut from Chadwell, and Amwell springs in Hartfordshire to London.

And the King grants the People a General Pardon, with the usual Exceptions.

And now also was framed a form of Oath, called an Oath of Alleageance for distinction of good Subjects in General from unfaithfull Traytors, but especially to make separation of the Popishly affected, yet with Natural duty unto Sovereignty.

And the Oath was thus in effect.* 3.8 That King James is lawfull King of this Realm; That the Pope may not depose him, or dis∣pose of his, Nor authorise any other Prince to invade him, or to dis∣charge any of his Subjects their Alleageance; or to beare Arms a∣gainst him: And that, notwithstanding any Act by the Pope, or

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other authority, he will bear faith and alleageance to his Majesty, and will disclose all Treasons and Conspiracies against him, and doth abhor as impious; that any Prince deprived by the Pope, may be de∣posed or murthered; That the Pope nor any other hath power to ab∣solve this Oath, and renounces all pardon to the contrary, without any equivocation, or mental reservation whatsoever, so help him God, &c.

And accordingly sundry both Priests and Laiks did freely take the same,* 3.9 when suddenly comes over a Breve from Pope Paulus quintus Inhibiting utterly, all Papists from taking the same, rather to endure all Torments, nay, death it self, Rome, October 1606.* 3.10 And the next year another Breve confirming this, September 1607. And accompanied with a Letter of Car∣dinal Bellarmine unto George Blackwell the Arch-Priest of the English, being then in some bonds, whom therefore the Cardi∣nal suspected, would take the same as he did.

To all these the King most learnedly gives answer,* 3.11 and in six days compiles and publishes in print, an Apologie for that Oath, and in a week sets out a Monitory Preface, to that Apolo∣gie, and solemnly presents it by Ambassy to the Emperour, and to every King and State in Christendom, as a peculiar concern∣ment to all, and each of them in the due temporal Obedience of their Subjects. And herein the King instances Examples of several Emperours, requiring Obedience from Popes, Creation of Popes, ordaining their Seat and Dignities, and of all Bishops, with Anathema, against all such as disobeyed their Sentence, as also deposing of Popes.

Hereupon the Venetians maintained that doctrine in their writings,* 3.12 and put it in Execution. The Sorbons did the like in France. And those writers of their own that opposed it, were so over-lashed, as that they were corrected and castigated by Men of their Religion, Becanus his book corrected by the Car∣dinals of Rome; Bellarmines book burnt at Paris: Suares his an∣swer, burnt also in France. Certainly, by this his Majesties pre∣monition, Kings and Princes had a more perfect discovery in∣to the injury offered to them by the Pope in the points of their temporal power, and it followed to be throughly dispu∣ted in Christendom by this occasion of the King.

This the King did for the present. But there was a swarm of busie-heads, that measured the mysteries of State, by the rule of their own conceited wisdomes, gave Arguments to sup∣press the Popish practises by Executing all their Priests. The reasons may be gleaned out of their rash opinions.

That a dead Man bites not, that mercies offered for a despe∣rate Malefactor, do but enlarge his adventures against King and Countrey. That a hard hand suddainly remitted, is seldom

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by the rude people interpreted to the best sence. No hope of reformation, where there's no confession of the fault; and to banish them, may be supposed a meer shift to rid the Prisons of those, whom Conscience could not condemn of Crime: whilst Justice seems to sleep, the time serves to raise factions; for fearfull Spirits by sufferance grow insolent and cruel.

And to the Exceptions of their small Number it was argued, that Union in a prepared conspiracie, prevailes more than Num∣ber.

If that the Oath of Supremacie heretofore, choked not their presumptuous imagination, nor now can the temporal power of the King contained in the Oath of Alleageance preserve us, or deter them. A Popish Priest his Character is a disloyal Re∣negado. Delinquents in lesser degrees, may challenge easier punishments, and so be incouraged. The penalty to be execu∣ted on them, they scandall, by pretending the conversion from the Kings Exchequer to Our private purse. That being restrain∣ed will prove like Bonner and Gardner in the time of Queen Ma∣ry, seeing most men write good turns in Sand, and bad in the Marble.

That the Jesuits divide the English into four Sects.* 3.13 Them∣selves first; and assume a full fourth part to their property; and of that part, they subdivide into two portions, viz. The rigid non-Conformists, and the Church-Papists. The Second they al∣lot to the Protestants, who detain say they, some of their Re∣licks. The third and largest was left to the Puritans. The last to the Politician senza di, & senza anima. The first then being assuredly theirs, the last we will afford them also; and therefore the safest way to prevent Combination, is to make them hop headless.

The Presbyter indeed would hang them all; but this Coun∣sel most unchristian.

To answer them it was urged.* 3.14 That although death be the end of Temporal misery, it is not the grave of memory: Justice may execute the person; but his opinion made publick, it is not subject to the sword: where poyson is diffused, through the veins of good and bad blood, Evacuation is better than Incision. Clemencie is divine, and works supernaturall effects, though they merit by suffering: and though Bellarmine & Parsons, provoke them to thrust their finger into the fire, by refusing the Oath of Alleageance; yet the wisest of them, had rather see others act, then themselves feel the smart.

That Garnet lamented, that he should not be inrolled as a Martyr, because no matter of Religion was objected; yet he would gladly have survived that Glory, if any such hopes had remained. The English exceed the Romans in zeal of Papistry,

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and are naturally better fortifyed to indure death; If so that terror prevails not, Religion and Conscience less. Visne muliebre Con∣silium, said Livia to Augustus; let severity sleep, and try, what the pardoning of Cinna will produce. That death of Priests,* 3.15 assures more to their Sect, then ever their words could perswade: and though such are but counterfeit Martyrs, yet will they be otherwise so reputed by those, that lay their Soules in pawn, un∣to their doctrine, with whom multitude of voices, cry down our contraries, for the Gate of their Church is wide, and many enter therein.

And as uncharitable are these, that would imprison them perpetually;* 3.16 and that the means to catch them, was to have good Intelligence beyond Sea and at home; Sir Francis Wal∣singham, had of his, so active, that an English Seminary could not stir out of Rome, Spain, or Flanders (their several Nurse∣ries) without his privity; and so forewarn'd, they may be catcht at our ports, and removed to prisons: and if they escape there and go disguised, yet they may be disclosed by many, if the punishment were not death, but only immuring in dead walls.

The penalty of Recusants in a stock, would pay the char∣ges.

Perdat fiscus, ut capiat Christus.

Here we finde extremes in both Councils;* 3.17 certainly, there is a medium; neither Execution, nor civill destruction (for perpe∣tual Imprisonment) renders a Man civily dead, a better way may be, if we could hint it.

And why not thus. Let Preachers use the spirit against them, not as usual to wast an houre-glass, to skirmish against government and discipline. How can we draw others to our Church, with∣out a foundation of our own, not like undiscreet Dogs to bark at all, but to distinguish; A child that sucks Popery from the breast, must needs speak the voice of Papists.

It was the Kings saying and distinction.

A great cause of continuance of Papistry in common people is, That being fuller of Pagentry than Doctrine, and the old sent of Roman perfume; The common obedience of coming to Church, more expected, than the instruction of private fami∣lies, or by publick Catechising; The first Elements are to be learn'd at home, and were orderly contained in the Book of Common-prayer, by instruction first, and then Confirmation of the Bishops. This excellent foundation laid by the fathers of the Church, should not be despised by their children. In for∣mer times Ministers haunted the Houses of worthyest men; Countrey-Churches with the best of the Shire; Prayer, and preaching hand in hand together: then Papists smelled ranck; therefore for shame, they resorted to our Churches and Exer∣cises.

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This was the Counsel then,* 3.18 but start-ups with intemperate zeal and indiscretion fore-ran the authority of the Magistrate, cen∣suring whatever agreed not with their conceits, and now a days we finde the effect.

The King removes to Greenwich,* 3.19 where amongst the ranting Riders at Court, one Io: Lepton of York Esquire, and the Kings Servant, made Matches of Horsmanship with the most in Court, and to approve his skill and strength for a good Wager, rode five several days together between London and York, and so back again the next; for May 20. Munday he set out from Alders-gate at three of the clock in the morning, and came to York be∣tween five and six at night: the next morn sent him to London: at six and seven the next morn he set out to York, and came thither at eight; and so within half an hour the same time performed it: and the last day came also to Greenwich to the King by nine of the clock, as spritely and lusty as at the first day, to the wonder of all, till another do the like.

The King of Denmark out of singular affection to his Sister Queen Anne arrives in England,* 3.20 and anchors at Gravesend, where King Iames boards him unexpected, and brings him a Guest to Greenwich, for a Moneth, with such entertainment as Peace and Plenty could possibly afford: and so curious he was, to take a view of things within his Level about London, that disguised, sometimes he took that advantage: but most unwilling to visit the Tower, when he found it a Prison, though from thence he rode in triumph through London, presented with Pageants and costly complements, to shew him the wealth and love of this People.

He might be shy to shut up his Person,* 3.21 having by the Law of Nations, submitted his freedom, by entring the bounds of ano∣ther Prince without leave. The Earl of Flanders found the ef∣fects, when in his return from thence, to possess his Inheritance of the Kingdom of Spain, and being by storm cast upon our Coast, King Henry 7. disputing some unkindnesses formerly re∣ceived, (not usual with welcome Guests) the Earl suspecting the danger was fain to yield to all the Kings demands, which was hard in one point, being to deliver up the Countess of Warwick, and other Fugitives resident in Flanders, that took Sanctuary in his Countrey, and so had leave to depart. The other and worse success may be from Mary Queen of Scots, who forfeited her free∣dom by entring into England, and afterwards her life, by pre∣tence of Treason, as you have heard before, though indeed she wrote to Queen Elizabeth for admittance, but hastily landed without leave.

The Earl of Northumberland, Henry Lord Mordant, and Ed∣ward Lord Sturton, not coming to Parliament, according to

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Summons by Writ, were more than suspected of the Pouder Treason, and were committed to the Tower: the Barons were fi∣ned in Star-chamber, and after some durance paid the money and were released.* 3.22 The Earl being deeply engaged, was fined there also thirty thousand pounds, and imprisonment during pleasure, (as all such Delinquents are) which severity of Fine towards him was thought more extreme than usually, since the erection of that Court, he continuing Prisoner till 1619. and then paid but eleven thousand pounds in all: the fate of that Family evermore false to the Crown, as Sir Iocelin Piercy was used to say, Seldom Treason without a Piercy.

Camera stellata belonging to the old Palace at Westminster,* 3.23 and the 28 Henry 8. called the Starred Chamber, then, as now, had one great Star affixed to the Roof, and one over the Door. The Court seems to have beginning from the Statute of 3 Henry 7. cap. 1. It is ordained, that the Lord Chancellour, Treasurer, Privy Seal, or two of them, calling to them a Bishop and a Temporal Lord of the Kings Council, and the two Chief Justices of the Kings Bench and Common Pleas, or other two Justices in their absence, should have power to punish Routs, Riots, Forgeries, Maintenances, Em∣braceries, Perjuries, and such like, not sufficiently provided for by the Common Law. But Queen Elizabeth enlarged the number of the Judges. And so now it was honoured with all the Kings Privy Counsellours. See Powel's Att. Acad. And though Delinquents were severely censured in terrorem Populi, yet there was usually a day after every Term where they met to mitigate the Fines and Pu∣nishments afterwards to a reasonable summ and Penance. This I put to memory, because that Court is suppressed for ever by the late long Parliament.

There was much ascribed to the Kings wisdom, in the disco∣very of this Pouder Treason; but the Iesuits had a note of Ce∣cil's name in their Register; not against them as a Day-labourer, that carried some few stones or sticks, but the Master Workman whose forein and domestick Engineers wrought in this Mine of discovery. And therefore was he calumniated with many con∣tumelious Papers and Pasquils, dispersed like Iob's Messengers, one at the others heels.

He takes time to consider, whether to begin a warfare of words, against those with whom disputes are endless, because their end is clamor, untill it was fit to express himself in clear terms; lest any of these clouds which are unjustly cast upon him, might darken the brightness of his Masters royal minde, which hath been always watered with the mildest dew of Mercy and Moderation.

Amongst many he undertakes one directed to the E. of Salisbury.

1. Therein,* 3.24 they acknowledg the late Design most inhumane

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and barbarous, attempted by undertaking Spirits, more fiery and turbulent than zealous and dispassionate, to the general stain of the State of their catholick cause in the eye of corrupt judg∣ments, not able to farm away the fault of the Professor, from the Profession it self, which abhors the fact, more than any Puri∣tan does.

2. They accuse him the Primus Motor, to determine the ooting out all memory of their Religion, by Banishment, Mas∣sacre, Imprisonment, or some such insupportable pressures; or else, the next Parliament to decree more cruel and horrible Laws against them.

3. They threaten, that there are some good men for continu∣ing their Religion, and for saving of many Souls, resolve to prevent it, though with assured Ruine; and admonish him, that five have severally undertaken his Death, by Vow upon the blessed Sacra∣ment, if he continues his daily plotting against them.

That not any of them know the other, for preventing disco∣very; the first shall attempt by shot, and the rest follow, and all of them glory in their own sacrifice, to prevent the general cala∣mities of Catholicks, which by his transcendent Authority with the King is more than expected.

They tell him, that for the easier digestion of the Danger, two of the Attempters are so weak, they cannot live three moneths; the other three so distressed, for being onely Catho∣licks, that their grief dulls any apprehension of death.

4. As for themselves that admonish, they know no other means to prevent it, he being the Match to give fire to his Ma∣jesty, to whom the worst they wish is, to be as great a Saint in Heaven, as he is a King on Earth. And conclude, Where once true spiritual resolution is, the weak may take sufficient revenge of the mighty.

A. B. C. D. &c.

His Answer.

1. That the Panegyrical Oration of Pope Sixtus Quintus, pre∣ferred the Murder of Henry 3. of France, before the act of Iu∣dith to Holofernes, by which Gods people were delivered; one∣ly the Papists make ill interpretations where it fails in execution, (for otherwise, Faelix scelus virtus vocatur) and many other Authors maintain deposing Kings. And wonders, that those who imploy such seditious Spirits, have not by definitive Sentence (wherein the Pope is supposed not to err) explained their assumed power over Princes, for security as well of those which acknow∣ledg his Superiority, as of others which do not approve his Iu∣risdiction, that Subjects may know their distance of fidelity to ei∣ther.

As for the former practice by Excommunication, it deprives onely from spiritual graces, without so gross an usurpation as to

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destroy their being in nature. The Writ it self, De Excommuni∣cato capiendo, and others such, proceed rather from the goodness of such Christian Kings to work better obedience to the Rules of the Church, than from the power of Excommunication. All Cen∣ures of the Church having left life untouched, Sive Ethnicus, sive Publicanus. Many Heathens teaching this Rule, Bonos Impe∣ratores Voto expetere oportet, quoscunque tolerare. He marvels at those dark Writings published upon this Accident, against such as shall attempt against Princes by private Authority, but leaves it a tacit lawfulness by publick Warrant, like their gross Equivo∣cation so extolled at Rome, though it sunders all humane conver∣sation. Saint Austin refuses the Priscilian Hereticks in their Equivocation, Corde creditur (says he) ad Iustitiam, ore fit con∣fessio ad salutem, &c. breaking out into expostulation, O fontes lacrymarum! How shall we hide our selves from the displeased face of Truth.

2. That these Calumniations are like Adam's Fig-leafs, un∣able to cover their shame; for as he sought a covering, Non quia nudus, sed quia lapsus; so is it their fault, not their fear, to cast imputations upon Prince and State, Sed pereuntibus mille figurae. So Nero set Rome on fire, and after laid the blame on Christians. The pecedent Reigns of the two late Sisters of different Religi∣ons, more bloud in five or six years of the first, than in five and forty of the second.

Hath this King shewed any print of bloudy steps, rather qua∣lified than added severe Laws? And appeals to their own con∣sciences (judg and witness) whether the fury of this Treason, in∣flaming many against Catholicks (the nature of sudden peril) hardly admits just distinction) hath committed any one act of bloud or cruelty, under colour of publick safety, Nam crudelit as si a vindicta, justitia est; si a periculo, prudentia. Nay, the King pronounced in open Parliament after, Not to condemn the general for particulars, as a Prince of peace and mercy, deferring executi∣on, which Theodosius, wishing, Se potuisse potius mortuos a morte revocare.

As for the imaginary Power of the Lords of the Council, and himself of the Quorum, he takes it as an honour to receive not onely injury, but persecution in so noble a society, who know that Counsellours for Kings stand for thousands or hundreds, as he pleases to place them. Their greatness growing from humble endeavours, their merit from gracious acceptance; and though they borrow his name as the Boutefeu to make him the Mark of their malice; yet such as judg, the spirit of the Pasquil will hard∣ly imagine, but that this Faction follows, onely the body of Au∣thority, neither head nor members, but also the Church and Com∣mon-wealth, which like Hippocrates Twins, have long wept and

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laughed together. His greatness being onely in the eye of en∣vy, of those, which ground their faith upon weak principles, if they imagine his distinction (a matter (he says) of so small consequence) can clear them free, from contriving higher pra∣ctices.

3. To the Protestation, that the five Assassinators having their feet so near the grave, their ghostly Father deserves less thanks to send them thither with Hempen Halters and in bloudy Cof∣fins, not the marks of Rome, Heathen nor Christian; for Victories were scorned, which were barbarously gotten, Mixt is vene no fontibus. And the Arms of the Primitive Church were Tears and Prayers. But such Recusants as do discover these pernitious spirits will discern the darkness and danger of that Religion lapped up in implicite obedience; the Conscience and Treason growing up as close together as the Husk and Corn in one Ear: to eat their God upon bargains of bloud.

Those that are full of grief (as is said) for being Rcusants, Plus tristitiae quam poenitentiae, more that their Plot failed, than that it was intended.

Counsellours are Sentinels over the life of Kings and States.

The Laws which punish the Branches of all Treason are deri∣ved from Parliaments of two hundred years in force, and so are our Laws made, not by a few, much less by any one.

4. As for himself, with whom they condition to leave off his Plotting against Recusants; The Husband-man over-curious of Windes and Clouds, neither sows nor reaps in season. So that Servant that becomes awfull of his Sovereigns Enemies for po∣wer or envy, deserves not favour nor protection.

That the King hath not taken up wisdom of Government up∣on credit, but carrieth still the Iethro of order in his own bo∣som, disposing the mean causes to the Rulers over hundreds and fifties, reserving the greatest to the greatness of himself.

And freely professes, though he doth not participate with the follies of the Fly, upon the wheel of fortune: yet is he so far ambi∣tious of his Masters favour, as to be not so much his creature by the undeserved Honours he holds from his Majesties grace and power, as in desire to be the shadow of his minde: towards whose royal Person, he glories more to be honest and humble, than to command in any other Calling.

And to say, that men resolved to die are Masters over others lives, such power hath the least Spider by permission; and if so, that the days of his life were in their hands, to take from him some moneths of joys; so, more years of sorrow: but he believes not, that the Mountains shake when the Moles do cast, nor thinks he, to purchace a span of time, as for the fear of any mortal power, Aut Deo, aut Patriae, aut Patri Patriae deesse. Magi∣strates

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who converse with variety of spirits,* 3.25 must undergo Tem∣pests. And their Glasses being done, that glory which makes wor∣thy men live for ever, their Heirs shall inherit after them. And therefore, Suadeat loquent is vita, non oratio. Besides, Romes powers are discovered, her Towers taken, and it is suspected, that she will play so long with the temporal powers of Kings, as their work will break down her walls; so therefore it ill becomes their ser∣vants to slacken, for fear of malice; the Evening and the Night shall come upon them naturally, one after another; their faith shall ascend before them, and their good fame shall follow after. Et hic aculum fixit.

This next Session of this Parliament,* 3.26 the Union was revived, by motion of the Kings Solicitor Sir Francis Bacon, to have the Scots naturalized by Act of Parliament: after many subtil Argu∣ments on both sides pro & con, and to allay the heat, the King convenes both Houses before him at White-hall, where, with an excellent method, he recounts all their former controversed Ar∣guments, and concludes with Reasons undeniable, for unani∣mous consent to admit of the Union. But to avoid their tedious Disputes; I shall onely abbreviate the Kings Speech, in answer to all.

He distinguishes his desires;* 3.27 the Union which he seeks is of Laws and Persons, such a Naturalizing, as may compound one Body of both Nations, Unus Rex, unus Grex, & una Lex. He unravels their intricate Arguments, and sweetens them with his intentions.

1. That all hostile Laws should cease, because the King of England cannot war with the King of Scotland.

That community of Commerce is necessary, He being no stranger, but descended of their ancient Kings; It were impro∣per for him, to be their natural Sovereign, and the Nations stran∣gers to one another, and being both under the same Alleageance, ought to have more freedom, and better respect, than French∣men and Spaniards.

2. They all agree, that they are no Aliens, then must they be allowed to be natural. That there was a difference, the Ante and Post-nati of either Kingdom, and therefore his Proclamations gave notice that the Post-nati were naturalized, by his accession; but he confessed, that Iudges may err in that opinion, who told him so; so may Lawyers on their side, but bids them beware of abusing either, lest they endeavour to disgrace King and Laws, who have power when Parliaments are not, to try them for Lands and Lives.

3. That there were some flatterers, and would prefer the An∣te-nati upon a jearing pretence, to have their merit preferred in his service. Mel in ore, fel in corde. But they shall know, his Prero∣gative

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can prefer at his own pleasure, to any Dignity, though he is willing to restrain himself, for respects to the English. He ur∣ged it as a special mark of Prerogative, to endow Aliens with freedom; and where the Law is not therein clear, Rex est Iu∣dex, he being Lex loquens, supplying the Law where it wants; thus he speaks as skilfull in the dues of Sovereignty, intends not the pressure upon their love, but with conveniency to both Kingdoms.

The inconveniences as from Scotland, are pretended to be;

  • 1. An evil affection in them to the Union.
  • 2. The Union to be incompatible.
  • 3. The gain small or none.

Why then is there talk of Union?

They allege Reasons of the first, from the body of their Act, To remain a free Monarchy, and not alter Fundamental Laws: and yet it was urged heretofore, The Scots greedy of this Union, to at∣tain to the substance and end. These are contradictions; but for their free Monarchy, he hopes they mean not that he should set Garisons over them, as the Spaniards do, over Sicily and Naples; He need not do so, who governs them by his Pen and his Coun∣cil-commands; and his Chancellour there can govern their Tongues too, not to speak as ye do, what and as long as ye list, without contradiction?

1. He tells them the Laws of Scotland, those of Tenures, Wards, Liveries, Signiories, and Lands, are in effect drawn out of the Chancery of England, brought by Iames the first, (who lived here) and differ onely in terms.

2. The second, are Statute-laws, to which he wishes, they would be no strangers.

3. The Civil Law, brought out of France by Iames the fifth, to supply the defects of the Municipal Laws. In these respects the Laws alike, why not the People?

First, it is an Objection of yours, that the King in Scotland hath not a Negative Voice in Parliament; he tells them, that the Form of Parliaments there, inclines nothing to popularity: their manner is, by Proclamation, to bring in their Bills to the Ma∣ster of the Rolls, by a prefixt day; then to the King, to be allow∣ed by him, and then given to the Chancellour, to be propounded, and no other. If any man offers otherwise, the Chancellour cor∣rects him, and being past the King confirms them, rasing out what he doth not approve, and if this be a Negative Voice, he hath one.

Secondly, that which seems so incompatible, is the Union of the French and Scots; He assures them, it was a League onely, between the Kings, not the People; the occasion was, that Eng∣land and France at one time solicited a League offensive and de∣fensive

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against each others Enemies. The reasons went for Eng∣land, being our Neighbours, of one Continent strong and Power∣full Nation, and so more security the Amity with England, than France, far off beyond Seas, and hazarded to Accidents of re∣lief.

Then, they who argued for France, alleaged that England ever sought to conquer Scotland, and therefore never can be Friends. The remoteness of France claimes no Interest, and therefore more Constant and Faithfull, and so it was concluded on their part. But then it was concluded meerly Personall from King to King, and to be renewed by their Ambassies; And so it was in his Mothers time, and without consent of Parliament, else it would seem a League of the People. And in his time when it came to be Ratifyed, least it should appear In odium Tertii, it was by Him left out, in respect of his Title to England.

3. Who is so ignorant as can not see the profit and commodity to England by this Union, is there not Gain by Wales, is not Scot∣land greater? Lands, Seas and Persons added to Greatness; cer∣tainly Two made One, makes them Greater and Stronger. He desires Union for the Empire of England, and for their security, to condescend to reasonable Restrictions, And he will never say, what he will not promise, nor promise what he will not swear, nor swear what he will not perform.* 3.28 And so dismisses them.

But, although the Parliament could not be drawn to it pre∣sently, yet not long after, it wrought upon the Judges of this Kingdom, that the chief Justice Coke confirmed the Post-Nati in Calvins Case and Title; And adjudged for him also, by that reverend States-man Chancelor Elsmere, and all the Iudges like∣wise in the Exchequer Chamber, whose opinions do much con∣found our Adversary, bewailing the Cause.

[That of such stuffe Judges are made, who can modell their Pre∣sidents to any shape.]* 3.29

And yet all that this Session could be drawn to do, was to re∣peal the Laws of Hostility between both Nations, and so con∣firmed in Scotland, from the fourth of Henry 5. of England, and from 1 Iames 1. of Scotland. Some excellent Acts were concluded this Session, which I refer to the statutes in print.

But because the Judges in that time are complained of,* 3.30 as too partiall for the Kings commands; Let me aeternize the me∣mory of Judge Nichols of the common pleas. His Predecessor in his Circuite Assize for the County of Northampton had reprieved a Felon, indicted before him, and found guilty by the Jury and condemned, but reprieved by him upon some observation of the weakness of the Evidence. This Iudge dying, Nichols appointed for that Circuite, continues the Prisoners reprieve. And the complaint came to the King, who urgeth the Judg by letters

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for Execution, which yet he refused. His just excuse was, That if his Predecessor who heard the Evidence, thought good in Iustice to grant his reprieve, It became not his Conscience now, to condemn him; seeing he never heard the Evidence at all. And that it was part of his Oath, to do right, notwithstanding the Kings letters. 18. Edward 3. This man therefore the King owned to be a wise, learned, and just Judge, for though he might (perhaps) have given just Iudgment, it could not be true Iustice.

Licet aequum statuerit, hand aequum fuerit.

Heretofore Proclamations had been by Queen Elizabeth and King Iames against the excessive repair of persons of quality out of the Country to London,* 3.31 by neglecting their duties at home, in their respective service to the Common weal, the de∣cay of Hospitable Neighborhood and relief of the poor. Be∣sides, the more room made for them, crowded the Mechanick and Trades-men, into narrow habitations, and dear rents, pester∣ing most houses with Inmates, Infections and sickness, the Country, Towns, and Burroughs unpeopled, trade decayed.

But these commands not obeyed, The wisdom of State was assured, that the cause taken away, the effects would follow.

The restraint of New-buildings might necessitate the Gentry,* 3.32 to keep to the Country, for want of lodgings, at easie rates in London, And such as should be, were prescribed heretofore, a form of Brick upright, to save Timber, so much wanting, and to beautifie the streets, incroached upon with bay windows, and eaves hanging over, that even joyned with the opposite Neigh∣bour, upon old or new foundations, a Custome of freedom in after times of loose liberty, which destroys the beauty of buil∣dings.

And now necessity enforcing a farther Obedience, this pro∣clamation hath these Limitations, No new buildings in London, or two miles about, but upon old foundations; And such as have been erected, within five years last past, contrary to for∣mer Proclamations (which were to be pulled down) shall never∣theless be disposed (by Officers appointed) for tenements to the poor, or for their benefit, and hereafter offending to be pull'd down; No House to be divided hereafter, into several Te∣nements, nor any Inmates received, to make another fami∣ly.

These prohibitions, were referred to the Aldermen and Iu∣stices of Peace, and this was in October 1607. When the plague ceased, and the fresh gang of the Countrey came huddling, to keep Christmass at London.

Our Caluminator that swells his Book with malitious obser∣vations

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and false quotations,* 3.33 refers this to 7. Iac. 1609. and belyes the restriction, to be pulled down [though (says he) not taken notice of in seven years after] for this Proclamation commands the Aldermen and Iustices in their diligent view, perambulation, and inquiry, to certifie the Kings Council every Term, or their neg∣lect to be censured,* 3.34 punished and removed from the Peace, as un∣worthy.

[Whereby (says he) many not heeding the Proclamation, laid out their whole Estates upon little Hovels, and building fair houses upon new foundations must either purchase them anew, or pull them down, and both to their ruine.]

Name me one that was repurchased; Indeed, such as offended in this last were to be fined or pulled down. And truly the com∣mands were so necessary, so wholesome, so beautifull, and so exemplarily publick, that very few offended, and such as did, de∣served due punishment, yet this is scored upon the King, as a Crime in State, which he foresaw would come to pass, as now in these days we finde the effects to be pitied, the very ruine of this City and Suburbs.

The Lord Treasurer Dorset died suddenly at the Council-table,* 3.35 his Disease an Apoplexy, (which gave way to Cecil Earl of Salis∣bury to succeed him Treasurer) this Dorset was Thomas Sackvile, Son and Heir of Sir Richard Sackvile of Buckhurst, who came from the Temple a Barrester, and was created Baron Buckhurst by Queen Elizabeth, and by King Iames Earl of Dorset, 1605. and Knight of the Garter.

About this time a further discovery was made in Scotland,* 3.36 concerning the truth of Gowry's Treason by Attainder of ano∣ther of the Conspiratours. The Treason was attempted the fourth of August, 1600. (as before remembered) and though there followed sundry Suspitions, and Examinations of several persons supposed Abettors and Contrivers then, yet it lay un∣discovered, tanquam e post liminio, untill this time, eight years after, by the circumspection principally of the Earl of Dunbar, (a man of as great wisdom as those times and that Nation could boast of) upon the person of one George Sprot, Notary publick at Aymouth in Scotland, from some words of his, sparingly and unawares expressed, and some Papers found in his house, where∣of being examined, with little ado, he confessed, and was con∣demned and executed at Edenburgh, 12. August, 1608.

A Relation I conceive, not common, but in my hands to be produced, and written by that learned Gentleman Sir William Hart, then Lord chief Iustice in Scotland, and principal in all the Acts of Judicature herein.

And first Sprot confesseth,* 3.37 that Robert Logane late of Rstalrig, was privy and foreknowing of Iohn, late Earl of Gowry's trea∣sonable

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conspiracy. That divers Letters were interchanged be∣twixt them therein, Iuly 1600. which Letter Iames Bour, called Laird Bour, Servitour to Restalrig, (imployed by them and privy to all) had in keeping, and shewed them to Sprot in Fast-castle. That Sprot was present when Bour after five days absence, re∣turned with answers by Letters from Gowry, and staid all night with Restalrig at Gunnesgreen, and rode the next morn to Lothi∣an, where he staid six days, then to Fast-castle, where he abode a short space.

That Sprot saw and heard Restalrig reade those Letters to Bour, and all their conference there annent, who said, Though he should lose all in the world, yet he would pass through with Gowry; for that would as well content him as the Kingdom.

That Sprot himself entered into conference with Bor therein, who feared, that it would be dear to him, and prayed Sprot for Gods sake not to intermeddle; for he feared, within few days the Laird would be landless and liveless.

That he had these Letters of Restalrig and Gowry, which Bour had in keeping and were copied out by Sprot, and that the origi∣nal Letters were in his Chest, when he was taken into Custody.

These and other depositions written by Iames Primrose Clerk of the Kings Council, and subscribed, George Sprot.

Present.

Earl Dunbar, Earl Lothian, Bishop of Ros, Lord Schone, Lord Hallyrood-house, Lord Blantire, Sir William Hart, Lord chief Justice, Iohn Hall, Patrick Gallow ay, Peter Hewet, Minister of Edenburgh, and subscribed with all their hands.

Several other Examinations are attested under his hand with this Protestation, That being resolved to die, and hopes to be partici∣pant of Heaven upon Salvation or Damnation of his Soul, that all that he had deposed were true in every point and circumstance, and no untruth in them.

August 12. Sprot was presented in Iudgment upon Pannel in the Talboth of Edenburgh,* 3.38 before Sir William Hart Lord chief Justice, assisted with these persons.

Alexander Earl of Dunferling Lord Chancellour, George Earl of Dunbar Lord Treasurer, Iohn Arch-Bishop of Glasco, David Bishop of Rosse, Bishop of Galloway, Bishop of Brechin, Earl of Crawford, Earl of Lotharine, Lord Abernethe, Lord Balmerinoth, Lord Blantire, Lord Burly, Sir Richard Cowburn, Iohn Preston Colonel General, Sir Iohn Skew Register.

He was pursued by Sir Thomas Hamilton Knight, Advocate to the King, for Enteries of the Crimes contained in his Indict∣ments, as followeth.

George Sprot Notary in Aymouth, You are indicted and accu∣sed; for as much as Iohn sometime Earl of Gowry, having most

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treasonably conspired in the moneth of Iuly, 1600. to murder our gracious Sovereign, the Kings most Excellent Majesty; and having imparted that devilish purpose to Robert Logame of Re∣stalrig, who allowed of the same, and most willingly to be parta∣ker thereof: the same coming to your knowledg at the times and in the manner particularly after mentioned, you most malicious∣ly and treasonably concealed the same, and was art and part thereof.

And first, in the moneth of Iuly 1600. after you had per∣ceived and known, that divers Letters and Messages had past be∣twixt the said Iohn Earl Gowry and the said Robert Logame of Restalrig, you being in the house of Fast-castle, you saw and read a Letter written by the said Restalrig with his own hand to the said Earl Gowry.

MY Lord, &c.

At the receit of your Letter, I am so confuted,* 4.1 that I can neither utter my joy, nor finde my self able to requite your Lordship with due thanks: and be your Lordship assured, that in that matter, I shall be as forward for your Honour, as if it were my own cause: and I think there is no Christian, that would not re∣venge that Machiavilian Massacring of our dear Friends, though with hazard of Life, and Lands, and all. My heart can binde me, to take part in that matter, as your Lordship shall finde proof. But one thing your Lordship must be circumspect and earnest with your Brother, that he be not rash in any Speeches, touching the purpose of Padua.

And a certain space after the execution of the said Treason,* 4.2 the said Logame having desired the Laird of Bour to deliver to him the said Letter, or else to burn it, and Bour having deliver∣ed to you all Tickets and Letters, which he then had either con∣cerning Restalrig or others to sue them, (because he could not reade) you abstracted them, and retain'd the said Writings in your own hands, and divers times read them, containing fur∣ther, viz.

MY Lord,* 5.1

you may easily understand, that such a purpose cannot be done (as your Lordship intendeth) rashly, but with delibera∣tion.

And for my self, it were meet to have the men your Lordship spake of ready in a Boat or Bark, and address them, as if they were taking pleasure on the Sea, in such fair Summer time.

And for your Lordship, either to come to my house Fast-castle by Sea, or to send your Brother. I shall have the House very quiet, and well provided, after your Lordships advertisement, and none shall have access to haunt the place, during your abode here. And if your

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Lordship doubt of safe landing, I shall provide all such necessaries as may serve for your arrival, within a flight-shoot of the House; and perswade your self, to be as quiet here, while we have settled our Plot, as if in your Chamber: for I trust, and am assured, we shall have word from them your Lordship knows of, within few days, for I have a care to see what Ships come by.

Your Lordship knows, I have kept up Lord Bothwell in my house quietly, in his greatest extremities, in spite of King and Council. I hope if all things come to pass, (as I trust they shall) to have both your Lordships at a good Dinner ere I die. Haec jocose.

To animate your Lordship, I doubt not, all will be well, for I am resolved thereof, doubt nothing on my part; Peril of Life, Lands, Honour and Goods, yea the hazard of Hell, shall not affray me from that, yea though the Scaffold were already set up.

The sooner the matter were done the better, for the Kings Buck∣hunting will be shortly; and I hope it will prepare some dainty chear for us, to live the next year. I remember well, that merry sport, which your Lordships Brother told me, of a Noble-man at Padua, for I think that, a Parasceue to this purpose.

My Lord, think nothing that I commt that secret hereof to this Bearer; for I dare not onely venture my Life, Lands, Honour, and all upon his credit; but I durst hazard my Soul, in his keeping. I am so perswaded of his fidelity; And I trow, (ask him if it be not true) he will go to Hell gates for me, and he is not begiled on my part to him; and therefore I am perswaded, this will give him trust with your Lordship in this matter, as to my self. But I pray you, hasten him home with all speed, and charge him not to take a wink of sleep till he see me again, after he returns from you. And as your Lordship desireth in your Letters to me, so say I to you, either rive or burn this Letter, or return it back again to me, with the Bearer, for so is the fashion, I grant.

Restalrig.

And albeit by the Letter (all his own hand) you knew the truth of the said treasonable Conspiracy, and Logain's fore∣knowledg and guilt thereof, like as you were assured of divers Letters received by him from Gowry, and by his Answers to the same purpose, and by sundry Conferences, betwixt Logain and Bour in your presence and hearing, concerning the said Treason, as well in Iuly preceding the Attempt thereof, as at divers other times shortly after; as likewise by Bour revealing the same to you, who was imployed ordinary Messenger by Logain to Gowry, whereby your knowledg and concealment and guilt was undeniable:

Yet for further manifestation thereof,* 5.2 about Iuly 1602. Lo∣gain shewed unto you, that Bour had told him, that he had been

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somewhat rash to let you see a Letter, which came from Gowry to Logain, who then urged you to tell him what you understood by the same. You answered, that you took the meaning thereof to be, that he had been upon the counsel and purpose of Gowry's Conspiracy; and that he answered you, the worst he had done, was his own; but if you would swear to him, never to reveal any thing of that matter to any person, it should be the best sight that ever you saw; and in token of further recompence, he gave you twelve pounds of Silver.

Nevertheless albeit you knew perfectly the whole practice and progress of all the said Treason, from the beginning to the end; as also by your conference with Bour and Logain, who li∣ved untill the year 1606. or thereabout, and so by the space of six years you concealed the same, and so was in art and part thereof, and ought to suffer under pain of high Treason. To the Token that you have not onely by your depositions subscribed by you, and solemnly made in presence of divers Lords of his Majesties Privy Council, and the Ministers of the Borough of Edenburgh, of the Dates of the fifth, fifteenth and sixteenth days of Iuly last past, and tenth and thirteenth of August in∣stant, confessed, every Point, Head, and Article of the Indict∣ment abovesaid, but also by divers other Depositions subscribed by you, you have ratified the same, and to seal the same with your bloud.

Which Indictment* 5.3 being read openly, before Sprot, was put to the knowledg of the Inquest; he confessed the same in every point to be true; and therefore the Indictment was put to the Inquest of the honest, famous, and discreet persons,* 5.4 viz. Willi∣am Trumball of Ardre, William Fisher Merchant and Burgess of Edenburgh, Robert Short there; Edmund Iohnston Merchant and Burgess there, Harb. Maxwell of Cavons, Ia. Terment of Lint-house, William Trumbill Burgess of Edenburgh, George Brown in Gorgy Mill, Io. Huchinson and Io. Lewes Merchants and Bur∣gesses of Edenburgh, Ia. Somervil and William Swinton there, Io. Cruneson of Darlton, Thomas Smith and Io. Cowtis Burgesses of Edenburgh.

Which persons of Inquest, sworn and admitted, and reading over the same Indictment again, in his and their presence, the said George Sprot confessed the same to be true.

Whereupon the said Sir Thomas Hamilton Advocate asked Act and Instrument. And therefore the Inquest removed to the Inquest-house, and elected Herbert Maxwell to be their Chancel∣lour or fore-man.* 5.5 And after mature deliberation they all re-en∣tered again in Court where the said Fore-man declared the said George Sprot to be guilty,* 5.6 filed, and convict of Art and part of the said Treason, for which the said Iustice by the mouth of the

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Dester of Court, by Sentence and Doom ordained the said George Sprot to be taken to the Market-Cross of Edenburgh, and there to be hanged upon a Gibbet, till he be dead, and thereafter his head to be stricken off, and his body to be quartered and de∣meaned as a Traitor, and his head to be set up upon a prick of Iron upon the highest part of the Tolboth of Edenburgh, where the Traitor Gowry and other Conspirators heads stand, and his Lands and Goods forfeited, and escheated to our Sovereign Lord the Kings use.

Extractum de Libro Actorum Adjornalis S. D. N. Regis per me D. Iohannem Coburn de Ormeston Mil. Clericum Iusticiarii ejus∣dem generalem, sub meis signo & subscriptione Manualibus.

And so was Sprot conveyed to a private house, remaining at his meditations, and afterwards conferred with the Mi∣nisters, confessing all aforesaid, with extreme humiliation and prayer.

Afterwards ganging up the Ladder,* 5.7 with his hands loose and untied, he was again put in minde of his Confessions, and for the greater assurance thereof performed an act marvellous, pro∣mising by Gods assistance to give them an evident token before the yielding up of his spirit,* 5.8 which was, when he had hung a ve∣ry good while, he lift up both his hands a good height, and clap∣ped them together three several times, to the wonder of thou∣sands Spectators.

And for the more confirmation,* 5.9 George Abbot Doctor in Di∣vinity and Dean of Winchester, after Arch-bishop of Canterbury, was present, both at his Examination and Execution, and hath publisht in print the same Writings, observation and particulars, verbtim, as aforesaid, which I can produce also.

I was obliged in honor of the truth to be thus particular, to take off the horrid crime with which our Adversaries load the memory of King Iames; and if as yet not satisfactory, I may conclude with Saint Iohn's Apocalyps, Qui sordescit, sordescat adhuc.

And yet I am enforced to complain against a late Historian, who says,* 5.10

Sprot's Depositions seem a very fiction, a meer invention of his own brain.

And why? Because (says he) Sprot did not shew the Letter.

How came it then to be recorded, as aforesaid? And con∣cludes against himself.

However (says he) Sprot remained constant in his Confession, and at his dying when he was to be cast off the Ladder, promised to give the beholders a sign for confirming them in the truth of what he had spoken, which also he performed by clapping his hands three seve∣ral times after he was cast off by the Executioner.

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What can be more to convince for the truth, that he was guilty?

In this fourth Session, the King intends the Creation of his sonne Henry Prince of Wales, and for that and other occasions craves supply of his wants,* 5.11 proceeding from his great disburs∣ments, discounting with them his receipts of three hundred and fifty thousand pounds subsidies due to his Predecessor,* 5.12 with his redeeming the Crown lands morgaged in the year 1598.* 5.13 by her, to the City of London for sixty thousand pounds.* 5.14 His ex∣pence also of nineteen thousand pounds to the Souldiers in Ire∣land,* 5.15 the late Queens funeral charges seventeen thousand four hundred twenty and eight pounds.* 5.16 His and his Queens Journy hither 11000l. Besides the King of Denmarks reception, en∣tertainments of Ambassadors hither, and sending others abroad. These were reasons just and Noble to work into the hearts of obedient, and obliged people; but wrought not with them.

The Secretary of State for Scotland,* 5.17 Sir Iames Lethington, Lord B••••merino, being now sent hither with letters from that Council, was sodainly surprized with some Questions from the King.* 5.18 Cardinal Bellarmine had not long before published an answer to the Kings Apologie, Charging him with inconstancie, and objecting a Letter that he had sent to Pope Clement the eighth from Scotland, wherein he recommended to his Holyness, the Bi∣shop of Vaison for obtaining the dignity of a Cardinal, that so he might be better able to advance his affairs in the Court of Rome.

The King meeting with this passage in Bellarmines-Book, pre∣sently apprehended his Secretary somewhat Popish, to shuffle such a Letter to the Pope, and the King signing it amongst o∣thers which he usually sent to the Dukes of Savoy and Florence. The Secretary now come and sodanly demanded if ever he had written any Letter to the Pope, he answered, he had by his Majesties Command. At which the King bending the brow of Anger, the Secretary fell down and craved Mercy, Professing that his meaning was by that Letter, to purchase the Popes fa∣vour in advance of his Majesties title to England.

Then the King remembred the challenge made by Queen Elizabeth 1599. unto the Secretary of such a letter, which said he you then denied, and procured Sir Edward Drummond (who was accused for carrying that Letter) to come into Scotland, and abjure the same. The Secretary in great perplexity, made his excuse with his good meaning, and craved pardon of God and the King, for his and Drummonds perjury. He was instantly Committed to his Chamber, and so to the Council-Table, who urged his Crime as the ground of all conspiracies since the Kings coming into England, that of the powder Treason and puri∣tans Combinations. The Secretary in great humility answered.

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Curae leves loquuntur, Ingentes Stupent. My Lords I can not find words to express my sorrow, for my offence against my gracious So∣vereign, when I call to mind his Majesties favours, raising me from the dust to a fortune, by my Honorable preferment, and thus to fail of my duty, and fall into such a degree of falsity. Ah! peccavi in Coe∣lum & terram. My offence is insupportable and impardonable. Only his Majesties rare Piety, singular wisdom and sincerity, is sufficient to throw all possible guilt on me without any doubt of the Kings, Innocency; if nothing but my life, and all I am can expiate so great a Crime, fiat voluntas Dei & Regis. I humbly submit and take my death patiently.

The Chancellor Egerton declared,* 5.19 That it was the Kings plea∣sure to remit his Tryal to the Judges in Scotland,* 5.20 and to be con∣veyed thither a Prisoner, The Sheriffs attending him from Shire to Shire. In the mean time he did Pronounce him depri∣ved of all places, Honors, Dignities, and every thing else that he possessed in England.

And thus conveyed to Scotland,* 5.21 he is committed to Faulk-land Castle, and so to his indictment. That in 1598. by instigation of his Cousen Sir Edward Drummond a Papist, he had stollen and surreptitiously purchased the Kings hand to a Letter written, and sent by Sir Edward, and directed to Pope lement the eighth, in favour of the Bishop of Vaison, for his preferment to be a Cardinal, shuffling in this letter amongst others, that were to be signed, filling it up with Stiles and Titles to the Pope, and sealed it with his Majesties signet (which was intrusted to him as Secretary) to the in∣dangering his Majesties Honor, Life, Crown; and Estate, and the subversion of true Religion, and the whole Professors thereof.

He acknowledged that his offence admits no defence: for however he conceived that the keeping of Intelligence with the Pope,* 5.22 might advance his Majesties Succession to the crown of England, yet knowing his Majesties resolution never to use any crooked course, but to rest upon Gods providence and his own right; therefore he intreated all that were present, to bear witness of his confession and true remorse for his offence Only he craved liberty to protest, That he never intended an al∣teration of Religion, nor Toleration of the contrary, but con∣ceiving some good might have been wrought thereby at that time, and to promote his Majesties right, Concluding that not to make more trouble to the Judges, he had confessed the truth, and wished as God should be mercifull to his own soul, that the King was most falsely and wrongfully charged with the said Letter, &c.

The Jury were Noblemen his Pares five Earls, four Lords,* 5.23 and six Knights, who gave Verdict of his guilt of Treason and of art and part of the whole treasonable Crimes contained in

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the Indictment.* 5.24 And ready for Execution he was reprieved by intercession of the Queen in England, and returned to Faulk∣land Prison, and afterwards licensed to his own house in Balme∣rinoch, where his sickness increased of grief, and there he dy∣ed.

He was accounted a Person of abilities sufficient for his pla∣ces in Session and Council,* 5.25 whose conscience stretched out to his gain▪ and possessing much of the Churches lands, was a con∣stant Enemy under hand, to the Kings desire of restoring Ec∣clesiastical Jurisdiction to the Bishops. And such end befalls false servants.

However this Man died repentant of his fact,* 5.26 and evermore acknowledging the Kings grace and mercy, which not only was thus far expressed in favour to him, that once had been trusted by the King, and who in truth seldom lessened his royal dispositi∣on to any of his Creatures, without great cause to the contra∣ry, so not long after his son was restored in blood and honor with the like grace as formerly to his father. And he also after∣wards a like ungrateful wretch,* 5.27 to his Soveraign King Charles, and for an infamous Libel which he framed and dispersed against his Majesty, was by his Peers in Scotland, condemned to dye as a Traytor, To whom this mercifull Prince the inheritor of his fathers glories afforded his Sovereign balm of mercies; this Bal∣merino also not only reprieved, but pardoned under the great seal of that Kingdom, which he received upon his knees at that Council-Table, with the highest magnifying the Kings mercy, the humblest acknowledging his and his fathers infinite obliga∣tions, by which they both stood for ever ingaged to the service of the Crown. In so much (the Records say) the whole Coun∣cil recommended him,* 5.28 as a Person so highly resenting this grace of the King, that by his own protestation inducing their Con∣fidence, He was become a Mark of the Kings mercy, and as new-molded and made fit for the future; No doubt an humble Subject for his Sovereigns choice Service. And yet this Man ot long after, proved the Contriver and the most malicious Prosecutor of such conspiracies, as may be said to be the fore∣runners of that Kings miserable and final destruction. I cannot learn whether he be living in this sin, and so as yet spared for Gods mercy, or unrepentant dead to his Judgments sure and suddain.

But to our business in Scotland. In the next Assembly at Glascow,* 5.29 the Bishops took upon them to inlarge their own au∣thority in the Administration of all Church affairs, And yet not willing to make any change (though by the Kings command) without brotherly approbation of the Ministers, They assem∣ble together and consent unto Articles of Government and

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power of the Bishops. In which Assembly the Popish Lords supplicate for absolution and to subscribe to the confession of faith. Huntley did so, and returned to his own County, Arroll went about it too, but suddainly fell into such confused terror, as offering violence upon his own person,, he was spared by his intercession of tears and prayers, not to be forced against the reluctancy of his Conscience, who in truth of all that sect, shewed evermore much of tender minde, to endeavour satisfa∣ction to himself, and so received more civility from the Church ever after. Angus was most averse and had leave to banish him∣self into France, where he died at Paris some years after.

There had been a good progress in Scotland for quieting the Clergie, and renewing the repute of the prelacie. And there∣fore the Arch-Bishop of Glascow, with the Bishops of Brigen and Galloway, having audience of the King in relation to the affairs of the Church of Scotland.

Told them with what care and charge he had repossessed the Bi∣shopricks out of the hands of the Laity and other sacreligious pre∣tenders,* 5.30 and settled them upon reverend Men as he hoped worthy of their places. But since he could not consecrate them Bishops, nor they assume that honor to themselves, and that in Scotland there was not a sufficient Number to enter charge by Consecration, he had therefore called them into England; that being here consecrated themselves, they might give ordination at home, and so the Presby∣ters mouths stopped.

For they had maliciously and falsely reported, that the King took upon him to create Bishops and bestow spiritual Offices, which he never did, always acknowledging that Authority to belong to Christ alone, and whom he had authorized with his own power.

One thing admitted dispute The Arch-Bishops of Canter∣bury,* 5.31 and York, always pretended Jurisdiction over Scotland, and so now this consecration might be taken as a voluntary sub∣jection to this Church. But therefore London, Ely, and Bath, performed it to them, and they ordained others at home, And carried back Directions for a High Commission Court also, for ordering of causes Ecclesiastical, which were appro∣ved by their Clergie, and put into obedience.

From these good Men,* 5.32 The King fished out the behaviours of his Council there; and therefore to settle them in terms of honor and state at their Table, they were to convene twice a week, and None to stay in the Room, but Counsellors, nor any solicitations there. But being come instantly to take their pla∣ces sitting, not standing, unless they pleaded for themselves, and then to rise and stand at the end of the Table, (for they were wont to quarrel and to cuff, cross the board.) No Counsellor to

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be absent four days without leave of the rest. Each single Coun∣sellor to be Justice of Peace in all the Kingdom, & to preserve re∣spect to their places they should not trample the streets on foot, but in Coach or Horse-back with footcloths. This brought some esteem to that Board, who before were bearded by every Kirk-Iohn, or Lay-Elder.

And after this posture of Governing,* 5.33 Patrick Stewart Earl of the Isles Orkney and Yetland was sent for, to humble himself to imprisonment: A Custom also which was setled in the Council, to command any Malignant, to be in Ward by such a day, or else to be horned Rebell

This great man▪ (at home) is there humbled before the Bishop of Orkney, and is by him examined, (so soon is the Kings ordinance obeyed.)

His Crimes grew up from his poverty (made so by his own riot and prodigality) which now he seeks to repair by shifts of Tyranny over the people, under his Command; and being by the Bishop reported so to the Council, he was committed to Prison, untill the pleasure of the King deals further, in Mercy or Justice. But to exercise that Nation by degrees of punish∣ment, he was afterwards released and returned home to better behaviour, wherein he became for the future so faultie, that two years after he was executed.

We have hinted heretofore the Kings business at home,* 5.34 which in truth was his wisdom to wade through. To suppress the trayterous designes of the Papists, and to settle the fiery dispositions of the Schismaticks; for the first, their own vio∣lent progression in their late Pouder-plot, drew upon them pub∣lick lawes of chastisement. But these Other, (alas) their Motion now not so violent, yet perpetual, & the more warily to be dealt with. And because no disputes, Arguments nor Policies could reduce them, therefore the spiritual High-Commission-Court took some course, moderately to regulate their Insolencies.

Busie this Parliament had been in disputes, of the Common and Civil Laws; The first strained to such a necessitary power, as in short event, would mightily qualifie the other to nothing. Besides, this Session sate long and supplyed not the Kings wants, wasting time (as ever sithence) in seeking Grievances.* 5.35 To palli∣ate the Lower-House, some Messages had informed his necessary expences, and to both Houses, the new Treasurer (late Earl of Salisbury) opened the emptiness of his Office. And at last the King speaks for himself, at a Meeting at White-Hall. He spake well, and now prolix, which yet I must present thus long. Perfect Speches open the times and truth to posterity, against our Carping Adversary; I need not quote his pages, take his

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whole History passionately and partially distempered, through∣out.

The King forgets not their late loving duties, and therefore recompenseth them with a rare present,* 5.36 a Chrystall Mirror, the heart of their King, which though it be in Manu Domini, so will he set it, in oculis populi.

The principal things (says he) agitated in this Parliament were three. First,* 5.37 Your support to me. Secondly, My relief to you. But the third, How I would govern, as to former con∣stitutions, or by absolute power.

He begins with the last. That Monarchy is the supremest thing upon Earth,* 5.38 illustrated by three similitudes. First out of Gods word, You are Gods. Secondly out of Philosophie, Pa∣rens patriae. Thirdly out of Policie, the Head of this Microcosm Man.

For the first, The attributes of God; Creation, Destruction, Reparation, to judge and not be judged, and to have power of Soul and Body; so of Kings; and can make of Subjects as at Chesse, a pawn to take a Bishop or Knight, to cry up and down their Subjects, as their coin; And as their Soul and Body to God, so to the King, affections of the Soul, and service of the Bo∣dy. And he justified the Bishops late Sermon of the Kings power in Abstracto, to be true Divinity. But then as to the ge∣neral, so to exhort them, how to help such a good King as now they have, putting a difference between Power in Divinity, and the setled state of this Kingdom.

For the second, fathers of families had Patriam potestatem, vitae et Necis, for Kings had their original as heirs from them, planted in Colonies through the world. And all laws allow Parents, to dispose of children at pleasure.

For the last, The head judgeth of the Members, to cure or cut off. But yet these powers are ordained ad correctionem, non ad destructionem: and as God destroys not, but preserves na∣ture, so a father to his Children, a Head to his Members.

But then he distinguished the state of Kings in Original, and of setled Monarchs. For as God in the old Testament spake by Oracles, and wrought by Miracles, yet after the Church was setled in Christ, and a cessation of both, he governed by his re∣vealed Will, his Words. So Kings beginning by Conquest or E∣lection, their Wills, Lawes, and being setled in a civill poli∣cie, set down their mindes by Statutes, and at the desire of the people, the King grants them; and so he becomes Lex Loquens, binding himself by a double Oath; Tacitly as King, and ex∣presly by his Oath at Coronation, a Paction with his People, as God with Noah. If otherwise he governs them, a King turns Tyrant; Either govern by Law, says the widow to Alexan∣der,

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At ne Rex sis. There needs no Rebellion against evil Kings, for God never leaves them unpunished.

And concludes, That to dispute what God may do, is Blas∣phemy; but Quid vult Deus? is Divinity; so of Kings; Se∣dition in Subjects, to dispute a Posse ad Esse. He professes, Reason for his Actions, and Rule for his Laws.

He dislikes not the Common Law,* 5.39 favourable to Kings, and extendeth his Prerogative; To despise it, were to neglect his own Crown.

The Civil, serves more for general learning, and most necessa∣ry for commerce with Nations, as Lex Gentium; but though not fit for the general Government of this People, yet not to be therefore extinct, not to prefer Civil before Common Law, but bounded to such Courts and Causes as have been in ancient use, as the Courts Ecclesiastical, Admiralty, of Request, reserving Common Law as fundamental, Prerogative or Privilege, King and Subject, or themselves, Meum & Tunm.

No Kingdom in the World governed meerly by Civil Law; their Municipal Laws always agree with their Customes.

God governed his People by Laws, Ceremonial, Moral, Iudicial; Iudicial onely for a certain people and a certain time. Example, If Hanging for Theft were turned to treble restitution, as in Moses Law, What will become of the middle Shires, the Irishry, and Highlanders? If fundamentally be altered, Who can discern Meum & tuum? It would be like the Gregorian Calendar, which destroys the old, and yet this new troubles all the Debts and Ac∣counts of Tra••••ick and Merchandise. Nay, the King avows, by it he knows not his own age, for now his birth-day removes ten days nearer him than it was before that change.

And yet he desires three things to be cleared in the Common Law, and by advice of Parliament.

1. That it were in English: for since it is our Plea against Pa∣pists for their language in Gods service, an unknown Tongue, (Moses Law being written in the Fringes of the Priests gar∣ments) so our Laws; that excuse of ignorance may not be, for conforming themselves thereunto.

2. Our Common Law is unsettled in the text, grounded upon Custom, or Reports and Cases, called Responsa Prudentum: Indeed so are all other Laws (save in Denmark and Norway, where the Letter resolves) the circumstances making variations, that there∣fore so many Doctors Comments, so many different Opinions; the Iudges themselves disclame and recede from the judgment of their Predecessors, the Parliament might set down Acts of Con∣firmation for all times to come, and so not to depend on uncer∣tain opinions of Iudges and Reports; nay, there are contrary Re∣ports and Presidents.

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The same corruption in the Acts of Parliaments (which he called Cuffing Statutes) and penned in divers senses, and some penal, which no man can avoid, disagreeing from this our time, yet no tyrannous or avaritious King would endure.

3. For Prohibitions,* 5.40 he hath been thought to be an Enemy to them, he wishes that each Court might have limits of Iurisdicti∣on certain; and then, if encroached upon, Prohibitions to issue out of the Kings Bench or Chancery; and so to keep every River within his proper banks. The abuse and over-flowing of Prohi∣bitions brings in most Moulture to their own Mill.

The King had taken it in task, in two or three several Meet∣ings before, and after a large Hearing, he told them, Ab initio non fuit sic. And therefore ordered each Court to contain them∣selves within their own bounds. That the Common Law be spa∣ring of their Prohibitions also, and to grant them,

  • 1. In a lawfull form, but in open Court onely.
  • 2. Upon just and mature information of the Cause; for as good have no Sentence, as not Execution.

He instanced in a poor Ministers Case, thereby enforced to forbear his flock, becomes non-resident, obtains a Sentence, and expecting the fruit is defrauded by Prohibition, like CHRIST'S Parable. That night shall his soul be taken from him. Tortured like Tantalus, gaping for the Apple, it is pulled away by Prohibition. And concludes, with the difference of true use, and abounding in abuse, to be considered.

The second general Ground,* 5.41 Grievances are presented in Par∣liament as the Representative of the People, the highest Court of Iustice, but concerns the lower House properly.

The manner, opportune in Parliament or inopportune as private men; but then, not to be greedily sought for, nor taken up in the streets; thereby to shew, that ye would have a shew made of more abuses, than in truth of cause; not to multiply them, as a noise amongst the People. So that, at the very beginning of this Session, each one multiplied and mustered them, as his Spleen pleased.

He therefore thanks them, for that these finding many such Papers, stuft up in a Sack, rather like Pasquils than Complaints, proceeding more from murmuring spirits, they made a publick Bone-fire of them all; a good effect of an ill cause. So to take care to prevent the like; lest the lower House become the place for Pasquils, and may have such Papers cast in, as may contain Treason or Scandal to the King and his Posterity, the ancient or∣der was to be openly and avowably presented to the Speaker first.

He confesses, that they are just and faithfull to their Trust, to be informed of Grievances; and acknowledges, that his publick

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Directions and Commissions may be abused in the Execution, and he not informed but by them.

He advises them, not to meddle with the main points of Go∣vernments,* 5.42 his craft, Tractent fabrilia fabri. He being an old King, six and thirty years in Scotland, and seven years in Eng∣land; and therefore there needs not too many Phormio's to teach Hannibal; he will not be taught his Office; nor are they to meddle with his ancient Rights received from his Predecessors, More ma∣jorum. All Novelties are dangerous.

Lastly, not to call that Grievance which is establisht by a set∣tled Law, and to which to press the King is misduty in the Sub∣ject, knowing before hand he will refuse them. If not conveni∣ent, amend it by Parliament, but term it not a Grievance. To be grieved at the Law, is to be grieved with the King the Patron of the Law; and he allows them to distinguish between a fault of the Person and the Things. For Example.

The High Commission is complained of;* 5.43 Try the abuse and spare not, but do not destroy the Court of Commission, that were to abridg the Kings power. And plainly he resolves; seeing that Court is of so high a nature, to restrain it onely to the two Arch-Bishops; heretofore common to more. Nor shall any man be to him more Puritan to complain, as well out as in Parliament, of defects therein, onely, grieve ye not at the Commission it self. He desires them, that their Grievances savour not of particular mens thoughts, but rather rising out of the peoples mindes; not of the humour of the Propounder; that mans passion will easily discover him. Petitions also, though they be general, are so to be distinguished.

The third general Cause concerns himself, which he always leaves hindmost,* 5.44 (and had left it to his Treasurer) being distrust∣full, naturally less eloquent in his own concernment. That this Officer had already accounted to them of the Kings Havings and his Expendings, which he hopes they acknowledg as a favour, to be particularly acquainted with his State. His Predecessor seldom afforded the like.

Duty he clames of them; one of the branches being to sup∣ply their Sovereign; but the quantity and time proceeds from their loves; and therefore disputes not a Kings power, but what, with their good wills; and wishes them, as he, to avoid extremes; for if they fail in the one (Supply) or in the man∣ner of Levy, both he and the Countrey shall have cause to blame them.

And as the secular Nobility are hereditary Lords of Parliament,* 5.45 and the Bishops live neuter, Barons of the same, and give but their own; but the lower House being the Representative of the Commons, give for themselves and others, and so may be the

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more liberal: yet if too much, they abuse the King and hurt the People; which he will never accept; their true love being the greatest security to any wise or just Prince.

So they need not the fear of that Item by one of their Mem∣bers, In giving too much to endanger your Throats-cutting when ye came home. He loves freedom of Gift with discretion. He never laboured for their Voices to that end, detesting to hunt for Emendicata suffragia. But then, as not to give him a Purse with a Knife; So not to excuse and cloak their particular humours, by alleging the Poverty of the People: To such persons, though he will not be less just, yet not in reason to gratifie them when it may come in their way, to want him.

He heard that it was propounded whether the Kings wants ought to be relieved or not? Certainly, though it may seem his particular, yet being Parens Patriae, and tells them his wants; nay, Patria ipsa, by him speaks to them; for if the King wants, the State wants; and therefore the strengthning of the King, is the standing of the State; and wo be to him that divides the weal of the one from the other.

And as a rich King is but miserable over a poor People;* 5.46 so a potent People cannot subsist, if their Kings means maintains not his State, being the sinews of War and Peace: and it grieves him to crave of others, that was born to be begged of. And if he desires more of them than ever any King did, so hath he juster reason than any King had.

And in particular, the accession of more Crowns in him, so the more honour to Subjects, and the more charge.

His fruitfull Issue, which God gives him for their use, of great expence; and yet Queen Elizabeth notwithstanding her Orbity, had more given her than ever any of her Predecessors.

The Creation of his Son draws near, for whom he says no more, the sight of himself speaks to you.

That he hath spent much,* 5.47 but yet not to be spared; the late Queens Funeral; the solemnity of his and his Wives entry in this Kingdom; the Triumph through the City, and his Coronation; Visus of Princes in person; and the Ambassadors of most Poten∣tates of Christendom; could he in honor of the Kingdom do less than bid them welcome?

But if they will imbound his Supplies, to the case onely of War, so upon the point, notwithstanding his intern Peace, he is to send supply of Forces to Cleves, both in respect of State, and cause of Religion: his Pensions, the late Queens old Commanders of Berwick; besides his pretty Seminary of Souldiers in the Forts of this Kingdom, and also the cautionary Towns of Flushing and Brill, beyond Seas; his uncertain charges in Ireland; the last years Rebellion brake forth there of extraordinary charge, and a

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constant Army, which he dares not diminish, till this Plantati∣on take effect, the great Mote no doubt in the Rebells eys.

His expence in Liberality (objected) hath been given a∣mongst them,* 5.48 and so what comes from them, returns amongst them. 'Tis true, had I not been liberal to my old Servants Sco∣tish-men, you might suspect me ingrate to you my new subjects, and yet assures them, his bounty hath been twice more to Eng∣lish. So then to his shame be it, of your house that said, Your Silver and Gold abounded at Edenburgh; but I wish him no worse than to be bound to live only upon the interest thereof, and but few of you that I look in the face, but have been Suitors for Honour and Profit. That vastness is past, Christmass and o∣pen-tide is ended with him. He had made Knights by hundreds, and Barons by scores; he does not so now, & will do so no more.

They need not now to reminde him, the sight of his children as a Natural Man, bids him be wary of expence. As for him∣self, he challenges any one far meaner, to be less inclinable to prodigal humours, of unnecessary things.

What he hath said may move each member to spare him so much as they would spend on a supper, cast away at Dice in a Night, or bestow on a horse for fancy, that may break a Leg or Arm next morning.

Conclusion,* 5.49 freeness in giving graceth the gift; Bis dat qui citò dat; his debts increase till his supply. All eys of forein statutes are upon this affair. Either they are unwilling to help him, or his state desperate not to be repaired, or that they part in disgrace with the King, or he in distast with the Parliament, our reputations were bred abroad and at home, the abilities of retribution to Neighbour Princes of good or harm, works much respect. A King contemned brings War, too late then to be supported, things foreseen are soon remedied.

Meddle not with too much business at once, qui trop embras∣se, rien estreint. And recommends to them necessary things. Religion.* 5.50 Papists increase, as if some New plot, the feminine sort so proud that (as men say) they are not to be medled with. It is surer to remove the Materials of fire, then to quench it. Nam levius laedit quicquid praevidimus ante. He means not stron∣ger Lawes, but better Execution. Nor does blood and too much severity; severe persecution makes but the gallantness of ma∣ny mens spirits (more than justness of the cause) to take a pride, to die in repute of Martyrs.

To clear some obscure doubts in taking the oath of Allegeance, who ought to be pressed therewith. Let all Recusants be present∣ed without exception, and brought under the law. To wink at faults is neither Honor nor Mercy, in a King; but to for∣give after Tryal, may be Mercy; dividing them in two

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Rancks; Old Papists, Queen Maries Priests, and those that ne∣ver drank other, than what they suckt of their Mothers milk. Secondly, Or such as do become Apostates from our Religion upon discontent or idle humour, new form as a new fashion: he pities the first, if good and quiet Subjects and may be civil and conversable. But for the other Apostates, they must expect no favour but Justice, and so that these Papists be no longer concealed.

In the Common-wealth.* 5.51 He recommends the framing some New statutes for preservatives of Wood, which was the worse liked of you the last Session, because I put you upon it then, so necessary as not to be without it. It concerns their Esse; the most Necessary Elements, Fire and Fuell: Their Bene Esse, de∣cay of Wood, decay of Shipping. The security of this land is from the Sea as a wall, and by the Sea, wealth, Out-going and In-coming of commodities. If you will add pleasure Hawk∣ing and Hunting, some of them may be of his minde in that too, and preferre Game almost destroyed. He thought them but lit∣tle, for their last law annent Partridges and Phesants, that every Farmer may destroy them in his own ground. So that if my brede fly over the hedg to his close, they are at his pleasure, the onely remedy to cast a Roof over all my ground, or put his Vervels on all Partridges, as on his Hawks, so to be known by his Army.

And for their law against stealing of Dear or Conies. After their tedious discourse and prohibition, they conclude with restricti∣on onely to stealers in the Night, Like the Lacedemonian Law a∣gainst theft, not forbidding it, but to do it cunningly, where∣upon the foolish Boy suffered the Fox to gnaw his heart through his breast. Like the lesson of the Canon; Si non castè, tamen cautè. Exclaims also against the Gentlemen, that hunt not for sport, but ravenly with Nets and Guns destroy the Game.

And ends as he began, the mirror of his heart.

  • 1. Which may be abused with a false light, to mistake or mis∣understand him.
  • 2. Not to soil it with foul breath, and unclean hands; not apt to pervert his words, with corrupt affections, like the toll of a Bell to some mens fancying, what it tincketh, that he think∣eth.
  • 3. Glass is brittle; if it fall to the ground it breaks; to con∣temn his heads, is not to conform to him. But he hopes with Gods blessing all things will end well: so farewell.

And for this the Kings good Counsel to his Law-makers, they rewarded him with one Subsidy and one fifteen, which came to one hundred and six thousand, one hundred sixty and six pounds.

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These times of plenty intice the Gentry to spend at Lon∣don, where the concourse of people raised the house rents, Pri∣ces, Markets, and robbed the Countrey of their commerce in the Neighbourhood of the wealthy House-keepers, for refresh∣ing the poor, & discharging that burthen which it brought upon the Commons (as hath been said.)

To restrain them, another Proclamation forbids all new buil∣dings,* 5.52 within two miles of London; This and other the like Inconveniences, not giving leasure to the Parliament to ad∣vise upon remedy, the Council-Table took care to rectifie. And therefore hereabouts, began the frequent necessity of pub∣lishing Proclamations, which were cunningly carped at, by such as could not endure, that any Commands should come forth, without license of the Lower-house.

And not only now and (heretofore) but from time to time during this Kings Reign, the new buildings increasing in and about London were endeavoured to be suppressed, the chief Justice Popham and all other succeeding, resolved in opinion, their great Nusance to the whole Kingdom, like the spleen in Man, which in measure as it over-grows, the Body wasts, the Countrey must diminish if the City and Suburbs so increase; not bringing wealth, but misery & surcharge to them and the Court, and therefore at Christmass the Gentry were command∣ed into their Countrey, to keep Hospitality then and after.

Peace and plenty with us,* 5.53 taught our Neighbours to court their own necessities into a blessing also, and humbled the High-spirited Monarch of Spain, to descend to a Treaty for a Truce with his Rebell-Subjects, (held so in former dayes) the United provinces of the Netherlands, which in much policie, he soon concluded, not with very religious resolve on either part longto continue, for the Dukedome of Cleve descending to nice point of dissention, between two neighbor Princes Pretenders, Brandneburg and Newburg, The house of Austria quarrells his Interest also, and got hold of the strong Town of Iuliers.

The French K. evermore near at hand, to draw back any ad∣vance to the swelling greatness of Spain,* 5.54 was a ready friend to as∣sist the Dutch, who liked no such Neighborhood, and K. Iames, not unwilling to adjoyn his countenance, and forces out of the General Interest of all states, to ballance the over-powring of Neighbor Nations; he being always more ambitious of hindring them, for invading one the other, than under any pretence of Title, or revenge, apt to question or conquer upon any others possession; and all three not staying any further dispute, or delay of a Treaty therein, with a threefold Bond of an Army, besieges the Town, and with little difficulty took it for the right own∣er.

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But what other Interest, King Iames had in this quarrel, I know not, unless upon the old score of affection to a kinsman of the Scots, and a suffering Prince. The Duke of Guelders and Iuliers,* 5.55 of whom this Duke was descended, had been ancient and Magnanimous Kings of Saxonick-frizeland for many ages. The younger Brothers of that House, had been Kings of Eng∣land for neer 600. years, untill the time of Edward the confes∣sor; The first Counts of Holland, till Florus who was the last, were younger Brothers of that descent. Amongst whom one William was the 26. Emperour of Germany; The last Kings of Scotland by alliance were of the same house of Egmont, to wit, the Grand-children of the Lady Mary of Egmont, daughter to Arnold of Egmont, Duke of Guelderland, which Mary was married to Iames the second King of Scotland. And the Lady Margaret his sister espowsed to Frederick the second, Count Pala∣tine, from whence proceeded Frederick, who married the sole daughter of this King Iames the sixth, for whose restauration all Germany, and many other large Countries, have suffered very much, in the late years then following.

I may add also the Lady Philippa of Egmont daughter to A∣dolphus of Egmont, Prince of Guelderland, married to Renatus, Duke of Lorain, from whom descended the Dukes of Lorain, who assume among their titles (without any Contradiction) the qualities of Dukes of Guelderland, Iuliers, and Cleveland; and that by virtue alone of the Alliance with Egmont.

But greatness submits to providence, the remainder of this royall blood is lately Anno. 1654. wholy shut up in the veins of Prince Lewis Duke of Guelders and Iuliers, Count of Eg∣mont and Zutphen. His great Estate and Revenues relinquishing in the Low Countreys 22. years before his death, and sustained himself only with the means of a petty Sovereignty in Luke∣land in spite of the Spaniard his mortal Enemy, but ranging a∣broad to seek relief and support against his Tyranny, he died at Paris with this Epitaph.

Hic jacet Egmontos, Germano è stemmate Regum. Cui mors plus peteret, quam sua vita dedit. Huic ctenim Patrios quaerebat vita ducatus. At mors nobilior regia sceptra dedit.

As for the Netherlands,* 5.56 It belongs not to me to judge of their duty to Spain, nor their division now, whether Spain hath injured them: certainly they were disloyal to him. He pretends Absolute Sovereignty, They but conditional obedi∣ence. But without dispute, Holland and Zeland belonged to the Lady Iaquelin of Henault, who to save her own life was forced to relinquish her Estate; And Zutphen and Gelders did

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of right belong to the Duke Arnold, who being Prisoner with the last Duke of Burgundie, who died before Nancie, that Duke intruded upon his possession, to the prejudice of Adolph his son and lawfull Successor, the immediate cause of the quarrell af∣ter.

But this siege of Iuliers was the last action of that fourth Henry Le grand of France: for the next year succeeding: he was stab'd with a Jesuits impoysoned knife,* 5.57 as his Coach stopt upon one of the Bridges at Paris. In the Junto of time, when he had mustered all his forces, and ransacked together much Treasure for some secret design, which the Spaniard feared might fall upon him. And it was suspected for that cause only, that the politick Spaniards Interest sent him out of the world farr enough,* 5.58 from prejudice of him, having but lately repayed to this Crown, what had been lent his necessities heretofore by Queen Elizabeth, which came unto sixty thousand pounds.

After five Sessions in six years time,* 5.59 the Parliament having wrastled with Sovereignty, which the King moderated by of∣ten speaking to them Himself: & yet finding them more willing to dispute, than to comply with his occasions, having on his part steered with all possible judgment, to terms of reconcile∣ment, between his undoubted Prerogatives, and their Novell Pri∣vileges, (as he termed them) which rather increased, Arguments, by their so often Meetings; He resolved therefore, to separate their Conjunction, and to adventure on the other way, to do him∣self right, by his own just reason, not to do the people any wrong, in the lawes of their liberties; and so dissolved the Parliament by Procla∣mation.

And now was performed,* 5.60 what the King intended last Sessi∣ons, to set forth his sonne Prince Henry then of the age of fifteen years, now 16. And because he was the first Prince here since Edward the sixth, we shall say somewhat of his dignity, the thirteenth Prince of Wales.

The Kings eldest sonne & heir Apparant in England, was styled Prince, quasi primum locum capiens post Regem. Priviledg they had to wear Purple Silks and cloth of Gold and Tyssue in his apparell or upon his horse 24. Henry the eighth: but King Iames had repealed all lawes and statutes concerning apparel quarto Ia∣cobi.

They had purveyance, as the Kings or Queens. He is admit∣ted Maintenance, to give Signes, Liveries, Badges to his Menials, as the King does: but for enormities of that kind, several sta∣tutes of former Kings abridged them, untill 12. Edward the fourth. He may have as many Chaplains as he will.

The King by Common Law may have aid-money of his te∣nants by Knights fee, as of Soccage. That is, to make his eldest

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sonne Knight, and for marriage of her eldest daughter, (He at fifteen years of age, She at seven (saies Fitz-Harbert) the sum of money at the Kings pleasure till 25 Edward 3. who restrain∣ed it, viz. of every Knights fee,* 5.61 holden without mean rate 20. shillings of every 20. pounds Land, without mean in Soc∣cage 20. shillings, and so rata pro rata of lands in Soccage, and for lands of the tenure of Chivalry according to the quanti∣ty.

To compass his death, or violate his wife is Treason, 20. Henry the eighth, and before the statute, the ancient common law in that case. He and other the Kings children, Les Enfants du Roy, born beyond Seas, shall inherit here.

He had many Priviledges since 12. Edward, whose device it was, to draw the Welch to acknowledge the Kings Eldest sonne Edward of Carnarvan to be their Prince. But 27. Henry the eighth, there was a general resumption of his priviledges, as to Pardon Treasons, Murther, Man-slaughter, Felony; power to make Justices of Oyre, Assize, and Peae, Goal-Delivery, &c. so from thenceforth he had onely Name and Title, but no o∣ther Jurisdiction then should be granted by his letters patents. He is invested with a Garland upon his head, a gold Ring on his finger, and a Virge of gold into his hand, to him and his Heirs the Kings of England for ever, as Prince of Wales and Earl of Chester, To sit at the right hand of the Cloth of Estate in Parliament. He shall not find pledges for profecution of any Action.

Cook cals him Omni, Nomine, Numine, Magnus, by Desti∣ny, Name, and Providence of God the greatest. Yet he is as a Subject, and shall be sued by action, and in token of subje∣ction he bears upon his Arms, the three plumes arg. with this old Saxon word Ich. Dien. I serve. Gascon, chief Justice in the time of Henry the fourth, did commit the Prince, who would have taken a prisoner from the Barr in the Kings Bench, which the King justified. So much premised.

The King gave his sonne also the honor of Knighthood,* 5.62 to make him capable to dine with the King, and had Ayd-money of the people. An ancient Custome from the Norman Conqueror and never till now disobeyed with any regret, which indeed came but to twenty one thousand and eight hundred pounds. And together he was also created Prince of Wales, Duke of Corn∣wall, Earl of Chester, &c. with all possible lustre that the father could express.

But however our Historian takes upon him to pry into the Kings Heart,* 5.63 and (though inscrutable) devises a damnable and dangerous jelousie from the father, against the most incompa∣rable Excellent merit of this his first born sonne.

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[When afterwards the father saw him (saith he) too high mounted] in the peoples love, and of an alluring spirit, to decline his pater∣nall affections to him, and bring him to the low condition he fell in, may be the subject of my tears (saies he) not of my pen.* 5.64

Hic homo erubescit timere Caesarem,

Ecce! Behold this Author,* 5.65 This Man, Mecenas names him, Hic homo, this fellow, shames not to traduce his Sovereign King, For he lived his Subject. And here begins his trayterous inten∣tion, to wound the Kings sacred memory, (as much as in him lies) with a suspition of the death of this excellent Prince; which another wretch says, [was done with Poyson] but of the truth we shall speak anon, when we treat of his natural death, not long after; yet we are told [What his fatherly care had been to match him with the Infanta of Spain, but after some Traverses, in a Treaty it was declined] when in truth it was otherwise to my knowledge,* 5.66 for I can produce the letters from Sir Dudly Carlton, then Ambassadour at Venice, to the Lord Treasurer Salisbury,* 5.67 being an Accompt to the King how to advize the choice of a Wife, from the Protestant Princes, wherein after a large Narrative of their Interests and particular Characters; he concludes. Thus farr I can confidently Counsel his Majestie, seeing his Religious resolution is fixed to Princes of the reformed Chur∣ches. But since I have been over-bold to ballance the weight of his Majesties sacred Intentions with my too much freedom, in the con∣cernments of such eminent Princes, and the hazard of my person in the quality I carry here; I beg of your Lordship, not to suffer these Avisoes to see other light, then the light fire.

And was it likely, (which our Historian inferrs a little before) That after the Powder-Treason, the Murther of the French King, his Majesties speech in Parliament, and the Excellent Acts a∣gainst Papists, he must hunt for a daughter in law from the far∣thest part of Christendom? what his second son Prince Charles did after upon the like score,* 5.68 we shall in due time and place ob∣serve.

The former passages of Jesuits,* 5.69 gave cause to all good Chri∣stians, to abhorr their villanies, and set on work the spirits of the pen-men, (such as they were) most sharpe set against them all, that professed the Romish Religion, and to work they went on all hands. The Papists to palliate such Actions as paint∣ed out the Jesuit in his devi••••sh likeness. The Puritan of the re∣formed Churches, to pick quarrels with all Catholicks alike, and those disputes were spread abroad in several Pamphlets and Pasquells, the Jesuit had friends to pay us, Two for One.

A zealous Church-man of ours, Sutcliffe Doctor of Divi∣nity

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procures a Patent for erecting a College at Chelsey near West∣minster to consist of a Provost and 20. Fellowes, to be chosen by the Arch-Bishop of Canterbury, the Bishop of London, and the Universities Vice-Chancelors for the time being;* 5.70 Intentio∣nally for able men in School divinity, to answer and propose against our Grand Adversary Romanists.

The affections of the people were so pregnant to this pur∣pose, that in short time the Doctor had collected their free con∣tributions of seven thousand pounds, whereout he disburses three thousand pounds, in the building, and buyes land of two hun∣dred pounds rent per annum, with the remainder. And himself becomes the first Provost, and after his death Doctor Featly, Slaughter, and Wilkinson (men of singular learning) successively. So then it was Stcliffe that sunck his own fortune to raise this fabrick, and not Bancroft the Arch-Bishop of Canterbury, who died this year, and much abused in his Character by our Chro∣nicler. Nor did the King afford it more countenance,* 5.71 then wisely to give way to mens wilde fancies, especially when it took fire with the Puritan, for himself soon foresaw, that the witty Iesuit would wish no better sport, then to press us to death with printed Pasquells in place of serious controversies; of which yet, (no doubt also) but Bellarmine had more Bookes to spare us, then his own budget full.

Another reason. (for I must be bound to bundle up Argu∣ments, satisfactory to the Reader, in answer of Calumnies throughout the Hystorian, which makes this book thus bigg)

The other cause, The Title of the land, upon which the College is erected, was passed then by Howard Earl of Not∣tingham for years, at seven pound rent and a fine, when in truth after the Earls death the 12. Iac. It came to light that the interest was in his Widow during her life (and fourty years after) whom the Lord Mouson maries, and as her Administrator sells the interest to Duke Hamilton, whose delinquencie and death, leaves it to this State. And now 1654. disposed for a Garryson or a Prison, untill a good Customer for sale, puts it to better use. So then you see, the crackt title besides, broke the neck of this new College.

We are fallen upon the Kings first favorite,* 5.72 with our Hy∣storians observation, That as Queen Ann had hers, he had his; she loved the Earl of Pembroke, he the younger brother, whom he created Earl of Mountgomery. Men of Considerable descents, though of no fame in their merits, especially the last, of whom (he says) [the King not finding sutable to his humour, his fancie ran upon another young Gentleman] But the man is mistaken, for though the King was no quareller, yet he hated a Coward, and turned Mountgomery out of his affection, for being switcht by a

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mean Gentleman (Ramsey) a Scot, at a publick Horse-race. Though this favorite was urged to revenge, and backt by the English, fourty to one to defend him: He basely put it up to his death, and the dishonor of a Gentleman. What his after merits were to his end, let the world judge; he living to full age, and having had his opportunity and choice, to become an honest man.

Indeed the King was never without favorites, but changed them often into one more close and intrinsick, who served the turn for a Notable Skreen of envy, between him and his Sub∣jects, upon whom the people (as they never fail) might hand∣somely bestow complaints, through his Masters faults. So Carr succeeded him, and his story followes hereafter.

The splendor of the King,* 5.73 and Princess with the rest of the royall yssue, the concourse of strangers hither from forein Nations, the multitude of our own people from all parts of our three Kingdoms gave a wonderfull glory to the Court, at this time, the only Theatre of Majesty; Not any way infe∣riour to the most Magnificent in Christendom; Prince and peo∣ple increasing in honor and wealth. And it was prudentiall in state to set it forth, with all moderate additions of Feasts, Masks, Comedies,* 5.74 Balls and such like, which our squeazie stomacht Hi∣storian (it seems) could never example in any part of his reading, and therefore sets his Gloss of reproach upon the King and them, but very favourably (forsooth) [as not thereby to provoke himself to stain his innocent paper.]

I shall not trouble the dispute how farr they were politickly used in the Romane Common-wealth and Monarchy,* 5.75 how farr tol∣lerable in Christian Kingdoms and States. They are necessary Mirrors, wherin mens Actions are reflected to their own view. Indeed some men privy to the uglyness of their own guilt, have been violent, not onely to crack but to break in pieces all those Looking-glasses, least their own deformities recoyle, and become eye-sores to themselves.

We were wont to call them Theatres, representing in little the Entrance, Acts and Exits of Man, where we may behold Language, Manners, and Behaviour the best; the matter good for Imitation, bad to shun, to teach virtue, reprove vice, and amend manners, tempering the mind for good impression, or defect in most of our youth, thrust into devotion without po∣lite manners, forceably taught on the Stage; where virtue is somewhat more seen to a mortall eye, with admiration, not to in∣force men (spight of Humanity) to serve God with austerity, not Jubilation.

This Christall (fullied by time and malitious reports, not without some shadowes of piety, and counterfeit dress to a∣muze the world for a truth) hath been cleared up to the view by

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several Pens, though by King Iames at that time, little valu∣ed for his own content, unless as Splendidae Nugae for the dress of Court-like recreations, but evermore with so much wit as might well become the exercise of an Academy. And thus much of playes.

But stay,* 5.76 It is come to my knowledge, that our squeamish Informer was bred up a Poet, frequently a Rymer and Com∣poser of playes, not without exceeding delight in himself to be so styled, though a mean one: but indeed since the reforma∣tion of them, the trade fell to decay, and he turned—trot any way to get money. Such another was A. M. who whilst he kept within the compass of that Dialect did well, and commendably; but turn'd another professor, and ended his daies miserably. He went to Bed, as I am credibly informed, well in health, but dis∣guised with drink, his usual custome, and was found in the mor∣ning, his head hung over the Bed-side, his hand leaning on the boards, it seems groveling for breath, being choaked with loathsome blood and flegm, foaming at his mouth, his tongue bleeting out, not able to call for succour of such, as lodged in the next room: so was he drencht, in drink and death.

In this year 1611. was collected a Contribution of well affect∣ed Subjects called Loan-money being lent upon Privy Seals,* 5.77 an ordinary use and custome of all former Sovereigns,* 5.78 in time of necessity of their Prince, or state affairs and no New device, which now amounted unto One hundred eleven thousand fourty and six pounds, which was repayed back to divers, especially to such as craved satisfaction by money, Defalcation or Composi∣tion for other considerations, Satisfactory.

There are sundry ways and means to make men rich,* 5.79 and commonly not so concealed, but it happens within the Ken of some acquaintance. But here we had one Thomas Sutton mean∣ly born and bred, but some subsistence by marrying a widdow at Barwick farr short of wealth. It is rumoured, onelybecause of some probability, (for other we have none) that he bought a Fraight that came thither out of a Dutch Pirate, who (it seems) could not stay to make better market; And therein was found conceal∣ed Treasure in some Cask: his first advance; which he so increas∣ed by Interest and purchases, as having no heir, he designed a pious foundation at Hallingbury Bowcher in Essex; but after∣wards purchased the Charter-house near Smithfield London of the Earl of Suffolk, enriched it with divers dependances of lands and Tenements, for which he paid in hand 13000 l, and procu∣red Letters Patents to erect The Hospital of King James founded in the Charter-house in the County of Middlesex, at the proper cost of Thomas Sutton Esquire, for maintenance of eighty de∣cayed Gentlemen Souldiers, a chamber and dyet, and 8. l a piece pe∣sion

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annually and a cloth-Gown in two years, with a free School for Scholars, Chamber Diet and Apparell, to be governed for the present by the Arch-Bishop of Canterbury, Lord Chancellor, Lord Trea∣surer, Bishops of London and Ely, chief Iustice, and Iustice Foster, the Attorney general, Dean of Pauls and Worcester, a Master of the Chancery, and four more Gentlemen his familiar friends, and Thomas Brown the first elect Master of the Hospital, and this for ever, and as any Governours die, the Major party to Elect another.

Besides he gave in Legacie so many thousands, as it did a∣stonish all men in those daies, how he came by so much wealth.

Since the Kings absence,* 5.80 the Papists were for these last three years much increased in the North parts of Scotland, and com∣plaints made of the funeral Obsequies of the Lord Oglevy and Gight after the Popish rites. And though (as before remembred) some care had been for reducing the Earls Huntley, Angus, and Arroll. Yet of late Huntley returning from England, pretends some commands from the King, to mitigate Ecclesiastical pro∣ceeding on his behalf, which encouraged the others, and the rest of their Profession, openly contemning the Church Cen∣sures. The Assembly therefore had sent petitions to the King, for further authority to suppress these Inconveniences.

The Kings answer was, That Huntley had no such warrant from him, but pretending that he had kept all injunctions pre∣scribed him, except that of communicating with the Sacrament of the Lords Supper, which the King thought fit for the pre∣sent, to referr to the Council for time of conforming; but if he did persist, his Majesty would accompt of him as intending the head of a faction, and therefore rather to root him out, than to nourish his follies by a preposterous Toleration. They were therefore confined unto several Cities ten dayes together, there to hear Sermons and admit of conference, and to forbear Pa∣pist-priests companies, that the sons of Oglevy and Gight should be committed.

This prescription too strickt,* 5.81 the three Earls revolt and there∣fore an Assembly was called by the Kings Comand, (for so of late they were regulated not to convene of themselves) and the Names of Papists inrolled were found Numerous, and Huntleys faction in the North were of the most. He being cited, appears not nor sends any excuse, and therefore by the Assem∣bly is excommunicated, and the sentence pronounced publick, and no absolution to be given by any offers of his whatsoever, and the like against Angus, Arrol, and Semple. This was too rigorous and unchristian, the Church being open to all Peni∣tents.

And truly the inconveniences being examined from that

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time by the Churches too frequent Excommunicating of many persons fugitives, for Capital Crimes.

The Kings Christian consideration herein, was signified to them by his Commands.

That their Sentences of that kinde were far abused from the first pious policie of institution, for such persons as have been cited be∣fore Ecclesiastical judicatures for capital cases, and dare not compeir for fear of Life, are yet excommunicated as Persons contumacious, when onely their fear may excuse their absence, and really cannot be judged Contemners of the Church.

And in truth the Venetian Padre Paulo in his Treatise,* 5.82 did learnedly confute the Popes sentence against him, for not ap∣pearing in a Cause of Heresie, onely upon his just fear he pre∣tended, and had his Appeal justified by all good Christians, and indifferent men.

Wee may resemble the Scots Courses therein, to the Musco∣vites manner, who if he be offended with any man, commands him to send his head in a Charger, even so they, will the offender to come into Court and be hang'd, which no Penitent would do, rather to suffer sentence than to hazard themselves into Presby∣ters handling, a second Inquisition, and so in truth their Church suffers under scandall and contempt. And accordingly their Assemblies were afterwards reduced to conform to Reformati∣on herein.

The Clergies Arguments somewhat Canonicall (if as the Pope they cannot erre) That the Churches form may not be chang∣ed, which terrifies the common Man from their Crimes. But then let them be answered from the principall end of such Censures (especially Excommunication) which was reclaiming, not con∣founding of offenders. The principal use having no place, that o∣ther Secondary Ends ought not to be respected. The case of fugi∣tives; How could the Censure avail to their reclaiming, they be∣ing absent from admonition? Men in such a Case truly sorrowfull for their sinnee & sentenced, are in truth bound up by the Church whom God hath loosed. But that Church evermore expressed their hot zeal of excommunication by their fire-brand Executi∣on, the pretended Sanction of their Sion.

The lustrous ray and beam of Sovereignty,* 5.83 was intrench∣ed upon by the Heir of the Earl of Eglington in Scotland, be∣ing adopted so from him, that had no Successor of birth, or kindred. This man was Sir Alexander Seaton, a Cousin Ger∣main, and with this Proviso by will, That he and his children should take the Name, and use of the Arms of the House of Mount∣gomery. This bold bearing came to the disquisition (I remem∣ber) in our Heralds office, of which, Garter, principall King of Arms, informs the King as an ill President, for though Noble∣men

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may dispose of their lands, they cannot alienate their ho∣nors from the Sovereign fountain of all honours in his King∣domes. And so Sir Alexander was unlorded, till the Kings grace gave him Creation, some years after the honors of Eglington onely.

The King was had in high esteem,* 5.84 to be not onely Rex paci∣ficus in temporal affairs, but Nutricius Ecclesiae in spiritual relati∣ons to the Church, yet very tender to meddle in politicks of Neighbour Princes, unless by Envoyes and Ambassies of Brother∣ly advice. But for the state of the Church Reformed, he was pleased to take upon him Defensor fidei with tongue, pen, and sword, if need were.

And theren he gave his reasons for every Christian King to have an Interest, though in Aliena Republica.

And in his hunting progress,* 5.85 having met with two Bookes of Conradus Vorstius, who had the degree of Doctor of Divinity at Leyden in Holland, the one Tractatus Theologicus Do, dedi∣cated to the Landt-grave of Hessen, dated 1610. the other his Exe∣gesis Apologetica, dedicated to the States 1611. Upon this latter book,* 5.86 He dispatches commands to Sir Ralph Winwood his Am∣bassador Lieger, and Counsellor in the Counsel of State in those Countries, in his Name to declare to the States General, Not onely his Majesties high resentment of the Monstrous Blasphe∣mies and horrid Atheism therein, worthy to be burnt, and the Author punished; but also his infinite displeasure,* 5.87 to have him succeed Arminius (such another Monster lately dead) Divinity Reader in that University. And though he hath recanted his for∣mer Atheisticall opinions; it was too slender Satisfaction, for so foul an Enemie to the Essence of the Deity.

The States General in answer,* 5.88 do most humbly acknowledg his Majesties Princely assistance untill this time for preservati∣on of their bodies, rights and liberties, against their powerfull Enemie, introducing the Inquisition and constraint of their consciences in matters of Religion. That the Curators of the University of Leyden, by custome of that foundation, have the charge to settle that Lecture, and did elect, and send for Vor∣stius in Anno 1610. from Steinford a Town of the County of Tecklenburgh (the first that cast off the yoke of Papacy in Ger∣many, and so continue) where he was Professor fifteen years, and for Learning much admired by Prince Maurice Landt-grave of Hessen, as worthy of preferment in any University in his Countrey.

And their Message was seconded from his Excellency Prince Maurice, and the State of Holland in his behalf, who notwith∣standing had opposition by some; against whom and all others accusers, he challenged the dispute, but they never appear∣ed.

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The next Moneth six Ministers accused him of false and un∣sound doctrine, and disputed it with him, before the Curators and six other Ministers, in full Assembly of the States of Holland, who all of them adjudged the Election lawfull,* 5.89 and the man full of merit.

The next Moneth after that,* 5.90 Certain Articles came over thither and dispersed in printed Pamphlets, to which publick declarations were made by the States; that Vorstius should be ready to answer the intention of the States, being to permit no Professrs, but according to the Religion reformed and ground∣ed on Gods word, and that if his Majestie were well informed, he would in his high wisdom, prudence, and benignity conceave favoura∣bly of their proceedings, they being confident that this business is managed with all due reverence, to his Majesties serious admonition, as becometh them, 1 Octob. 1611.

In the time of these Transactions,* 5.91 Vorstius gives ayme for his Bookes to be brought hither; accompanied with an other De Apostasia sanctorum, and a Letter of the Author Vorstius to the Arch-Bishop of Canterbury, avowing the doctrine therein to agree with the Church of England, and so that Book intend∣ed to fire the next Neighbours with this fuell (Non solum pari∣es proximus jam ardebat) was, by order, publickly burnt at Pauls-Cross and both Universities.

The King continuing the Hunt to Unkenell this Fox,* 5.92 writes himself to the States, That notwithstanding his Ambassàdors propositions, They proceed to provide a place for that Cor∣rupted Person, and with Protection and License to print his Apologie dedicated to the States, impudently maintaining those former Execrable Blasphemies; forewarning them of the corrupt seed, of the late Arminius that Enemie of God, and of both their Infections, dividing their Countrey-men into factions so op∣posite to Unity, as must needs bring them to ruine; Remem∣bers them of his forewarnings, by the effects since of Arminius his tenents, & their distractions bred from thence, shews themthe im∣pudency of one of his Secretaries, Vorstius his Book and Letter. If these be not motives, he prophesies the rent of their Nation, the curse of God, and Infamy to our Religion, wishes to have Vorstius suffer the fire, least his poyson which denies the Eter∣nity and Omnipotencie of God, should invenome their youth, corrupt their souls, and hazard the safety of their State; And threatens them if they fail in his Councils, he will be forced to protest and separate from the Union of their Churches. Westmin∣ster 6 October 1611.

The States notwithstanding hasten their own resolutions,* 5.93 and Vorstius was setled in the Chair of Professor, nor did these Letters cool their affections, which heightned Sir Ralph Win∣wood to make this remonstrance, viz.

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My Lords, if ever the King of Great Britain his Master, hath merited of the states (with great favours and royall assistances themselves with all gratitudes have acknowledged),* 5.94 surely then in these his letters of zeal & piety for establishing that Reli∣on onely within their Provinces, which England, France, Ger∣many have mutually embraced, not regarding otherwise the Persons or Profession of Vorstius or Heresies of Arminius, but as by them Religion to be sophisticated or dipraved by the schismes of Arminius, or the fancie of Vorstius, new devised sects of se∣veral pieces of all sorts of Heresies,* 5.95 ancient and modern, and these are they.

Out of his Annotations.

That God hath a Body,* 5.96 so as we take a Body in the Largest sence.

They therefore speak not circumspectly enough who say that God is altogether as unchangeable in his will, as he is in his Essence. We cannot read, That the substance of God is simply immense, nay quite contrary.

No Magnitude is actually infinite, and therefore God is not.

That every event of things were precisely set down from eternity, there needed not then that continual inspection and procuration, which nevertheless is every where attributed to God.

They who teach, That there is in God Universal knowledg in genere answer more fully, but so as they likewise confess, that there be more causes of Certainty, in the visions of things present, then in the vision of things future contingent.

Al things which he hath decreed & determined no modo & actu, he doth after such his determination exactly know them; But this cannot be confirmed of all and every other thing, which are or come to pass being considered severally and y themselves, because they have their existence, not onely successively in time, but also contingently and ofttimes conditionally.

Out of his Apologie.

That the Fa••••er hath a certain peculiar being,* 5.97 or as it were all im∣mitted and ounded essence.

That there are really certain internall accidents in God,* 5.98 in the very fore-electing mind and will of God.

In the sixteenth Chap. He dissents from the received opinions of Divines, concerning the Ubiquity of Gods presence.

In the nineteenth chap.* 5.99 He attributes to God magnitude and quan∣tity.

These being in part his opinions, whom they had chosen in the Chair at Leyden, he conjures them to beware, Ne quid Respublica detrimenti capiat, The disciples of Socinius seek him

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for their Master. He is a bird of their own feather, let him go, Et dignum sane patella Operculum, and your own Students at Leyden 56. of them by their Remonstrance but the last year to the States of Holland, besought not to be compelled to receive him, who is convinced of his Errors, by the Divinity Col∣leges at Basil and Hydelburgh, by evidence out of his own writings.

These reasons with the general petitions of all Ministers, (except of Arminius) may no doubt prevail.

And withall he tells them, that his Majesty moves them to set down some certain Reglement in Religion, to restrain licen∣tious disputations, and absolutely to depress the liberty of pro∣phecying, so much recommended by Vorstius in his Epistle to the States, of his Anti-Bellarmine, so much boasted of.

And remembring them of their Valiances in defence of their liberties of Consciences for fourty years wars, they would not now make their actions Example for the Sect of Arminius;* 5.100 to pro∣clame that wicked doctrine of Apostacy of Saints.

And concludes that Religion is the Soder of Amity between his Majesty and Them; wherein if they grow cold, their friend∣ships will freeze.

After six weeks delay, though prosecuted for an Answer, they tel him, How they have deliberated upon all former passages, and thank his Majesty for his affection to their Countrey and preservati∣on of the Reformed Religion, and did thereupon order, That Vor∣stius should not be admitted, nor is but as an Inhabitant; and unless he can clear his accusations, The States of Holland and West freeze∣land before February next, (the time of their meeting) would then decide the difference.

And thus much was all what could be done, in respect of in∣convenience and distast to the principal Towns of those Provin∣ees.

This being all, and in effect worse then nothing,* 5.101 Winwood resolves to Protest, and did in their publick Assembly.

He begins (like the Advocates in France, with a Latin sentence out of the Scripture.) Si peccaverit in te frater tuus, argue eum inter te; si audiverit te, &c. si non adhibiruum atquae alterum, &c. si non eos; dic Ecclesiae, and so recounting the Kings favours to them, the whole matter of Vorstius and the proceedings thereupon, concludes for those reasons he does in his Majesties Name, protest a∣gainst the receiving and retaining of Vorstius, and against the vi∣olence offered unto the Alliance, betwixt the King and Them; founded on the Reformed Religion which they have violated, of which his Majesty is so sensible, if reparation be not speedily made, as his Majesty will further declare to the world in print.

To this they Answer,* 5.102 That however his Maiesty hath not

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as yet received contentment in the business of Vorstius, as he might expect, but at the Assembly in February next, his Ma∣jesty shall receive entire satisfaction.

The time come, and the Assembly continuing their settlement of Vorstius,* 5.103 the King imprints a Declaration, giving his reasons very learned in many particulars, why he engaged In aliena Re∣publica.

The glory of God,* 5.104 The Christian charity to his Neighbours and Allies, especially towards the Houshold of faith, The impoy∣soning of their youth, Quo semel est imbuta recens, servabit odo∣rem Testa diu; and the Apostle Saint Iohn, in that respect, Ne dicas illi Ave; and answers all objections and excuses for Vor∣stius, with this Maxime, that even in doubtfull questions, Men are naturally inclined co choose the evill, and leave the good, as Du Bartas saies of the destruction of Sodom.

De peur qu'en Offensant des saincts l'oreille tendre, Ie ne les semble plus enseigner, que reprendre.
For fear of offending good peoples Eare, I rather teach then with them forbear.

Then the King falls upon his Bookes,* 5.105 especially His modest Christian answer, and first in his Preface it is observed, how in love he is with himself and his Nick-Name, Purus putus Evange∣licus, a mainly pure Gospeller: and indeed the ancient Hereticks called themselves Catharoi; and another Sect, the Anabaptists, Puritans; from whence all our Prcifians in these latter times, who fancying to refuse conformity, with the orders of our Church, borrow that Name: and Gospeller is assumed by many, yet more usual in Hungary and Bohee, where are infinites of Sects, agree∣ing onely in Unity, against the Pope.

As for this Book; His Arguments are either sophistical or frivo∣lous, abusing the fathers: and he extracts divers questions there∣out, thirteen in Number, with his resolve on them.

Wherein the King notes the others cunning to maintain them: and how he easily proves Quidlibet è quolibet, (as the old Here∣ticks Arius and Samosatenus usually did) and so leaves all to Gods will, and the States discretion, as they will answer it before God. And though Vorstius died not long after, his tenents in∣creased to a high distemper in that State. But what the King desired to suppress in this Man,* 5.106 gave example for him to pu∣nish in others under his own power: and therefore in this year came to the Stake a Couple, the most damnable Hereticks; Ed∣ward Whithman burned at Lichfield; and Bartholoew Legat in Smithfield London, somewhat applying to the Ranters of these our times 1654. Legat held these opinions.

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That the Creeds Nicene and Athanasius, do not contain the true Chri∣stain faith.

That Christ is begotten and made.

That there are no Persons in the God-head.* 5.107 That Christ was not God from everlasting, but began to be God when he took flesh of the Virgin Mary. That the World was not made by Christ. That the Apostles teach Christ to be man onely. That there is no generation of God but of Creatures. That this Assertion, God to be made Man, is contrary to the rule of faith, and monstrous Blasphemy. That Christ was not before the fullness of Time, except by promise. That Christ was not God, otherwise then an Annointed God. That Christ was not in the form of God, equall with God, that is, in substance of God, but in righteousnes and giving salvation. That Christ is not to be prayed unto.

Whitemans Opinions were in effect these, come of Ebionites,* 5.108 Ce∣rinthians, Valentinians, Arians, Macedonians, Simon Magus, Manes, Manichee, Photinus, and Anabaptists, and of o∣ther Heretical, Execrable and unheard of opinions.

That there is not the Trinity of Persons in the Unity of the Dei∣ty. That Christ is not the true Natural sonne of God, perfect God of the same substance, Eternity and Majesty with the Father in re∣spect of his God-head. That Christ is onely Man and a meer crea∣ture, and not God and Man in one Person. That Christ took not hu∣mane flesh of the substance of the Virgin. That, that promise, the seed of the woman shall break the Serpents head, was not fulfilled in Christ, &c. And that God had ordained him, the said Whiteman, to perform his part in th work of the salvation of the world. These and the rest were written, subscribed, and by him delivered to the King 9. Martii 1611.

Thus in those times Hereticks took some pains to preferre themselves to the Divel.* 5.109 But now a days we sport our souls a∣way; Amongst many strange Ones, I wonder most at this me∣riment of the Adamites. Picardus was the first that possest silly people, with the perfect State of Adam, placed them in an Iland for that purpose which he called Paradise, caused them to walk nked, and called them Adamites. Horrible sins were com∣mitted by them under that pretence, promiscous whoredoms, and Incest at their Service; and when their Saint-Minister pro∣nounceth the word Crescite et Multiplicamini et replete terram, the ights are suddenly extinct, and without any respect to Alli∣ance or kindred, they mingle like brute beasts; and their wick∣edness we ied, the lights are tinded, and they returned to their service. But now with more Infamy their Innocencie will be lihted; they spre not openly to act in the face of Heaven at Noon-day.

I know Our Adversaries the Romanists,* 5.110 lodge this device

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upon the ancient Waldenses, poor harmless souls havocked by the Armies of the Military,* 5.111 mercyless Papists; Adamites, says One, that went naked (an affront to Nature) Indeed poor men rather Nudati than Nudi, forced thereto by the Popes Legate, who at taking of Cariassone in France (whither these peo∣ple swarmed) granted them Life on condition that the Males and Females should pass by his Army stark naked.

I may be censured by some,* 5.112 how unusefull it might be to imprint to the publick these damnable opinions: but in that I may be justified by Examples of the Fathers mentioning such Heresies, and of Councils and Declarations from time to time, against such Tenents.

The next Favorite [a new-come young Man] was Robert Carr a Scotish-man of no Eminencie,* 5.113 But a Gentleman by his bearing Gules, on a Cheviron Arg; 3. Mullets, Sable; in the dexter point of the Escocheon, a Lion, passant gardant Or. And yet himself remembred the King in his Letters (hereafter his fall) of his Ancestors merit (of which truly I have not read.) This Man had been Page of honour to the King in Scotland, and so may be the first and last original Actor on the Theatre of his family. The beginner as an excellent workman in bringing his Tooles and making his Materials; but his own Ruine by basely degenerating from what his Master had made him in short time, giving end to the structure.

In truth he became the first Favorite, That is one whom the King fancied meerly for his fashion; upon no other score: and it was enough for the present, his Master sufficiencies need∣ed no other instructions, onely to choose him apt for impressive Marks of honour, better becomes the Sovereigns Creation, than to be made so to his hand.

And therefore after Knighthood he was soon Baron of Brand∣speeck, Viscount Rochester, and had the Garter to boot. And we are told [the King took much pains to teach him Latine,* 5.114 as a most needfull Improvement unto a capability of his affecti∣ons] but this his opinion sents more of a Poet, than a Courti∣er.

[And so mounted by the wings of Love more than merit (he says) the Earl of Salisbury, Treasurer, casts many Mists to damp his passage] and tells the old wives tale [of 1000l. a gift to the Viscount, which was spread upon a Table in Silver, and the King invited thither, which Mass of money so amazed his Majesty, that the half thereof was concluded too much for any Man.]

Amongst these passages [of fancie] in the King,* 5.115 he forgot not that of fame, for his Mother, what she had been and where interred enough hath been said, but not sufficient for him to

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do untill he had removed her Corps from Peterborough, (where she had been buried) and brought her with all solemn magnifi∣cence into a statelier Tomb at Westminster, which could not well become his Predecessor to admit, though (perhaps) repent∣ing the stain of her honour and sex in the Act of her execution, but left it (a piaculous Act no doubt) for her own son to per∣form, who yet in this has his bane from the Author,* 5.116 [that for all his anger at her death, his clamour was closed up with a large Pension from Queen Elizabeth] and Patrick Grey his Ambassa∣dour to implore for his Mothers life is now belyed in his grave, [as the greatest Instrument to hasten her death] with a Label in his mouth of the writers own devising.

Mortua non Mordet.

The King mindefull of matching his only daughter the Prin∣cess Elizabeth,* 5.117 had made several overtures the year before, a∣mongst the Protestant Princes of Germany. And for the better, fixed upon Frederick Prince Elector Palatine, who at this time came hither to consummate the Marriage.

But in the middest of his wooing he was accompanied with mourning,* 5.118 by the death of Prince Henry. Of him somewhat more must be said, Not that his Excellent merits needs other Memory, than publick fame, and of us silence of the grave. Yet we must ravel into his disease ere we come to vindicate his death which an Author basely labors to lode his father with, & that [by impoysoning.]* 5.119

Prince Henry was born at Sterling Castle in Scotland, February 1594. the first son to King Iames & Queen Anne.

His breeding apted his excellent inclination to all exercises of Honour, and Arts of knowledg which gave him fame, the most exquisite hopefull Prince in Christendo.

In the nineteenth year of his age appeared the first symptome of change, from a full round face, pleasant disposition, to be paler and sharp, more sad and retyred, often complaining of a giddy heavyness in his fore head, which was somewhat eased by usual bleeding at the Nose, and that suddenly stopping was his first distemper.

He retyred to his Palace •••• Richmond pleasantly seated by the River Thames, (thoughnow destroyed into rubbish) which invited him to learn to swim in the Evening after a full supper, the first immediate pernicious cause of stopping that gentle flux of bloud, and so putrifying might ingender his fatal Feaver.

He used violent exercises: for at this time he rode to meet the King at Bever in Lincolnshire in two days, near a hundred miles, in extremity of Summer.

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There and at other places all that progress he accustomed to feasting, Hunting, Balloon, and Tennis, with too much vio∣lence. And now returned to Richmond, in the fall of the leaf he complained afresh of the pain in his head inclining to feverish, and then, for the rareness thereof, called the new disease.

The tenth of October he took his Chamber, and began Coun∣sel with his Physician Doctor Hammond, three days after he fell into a Looseness, fifteen times in a day.

Then removes to London to Saint Iames his Palace, contrary to all advice, allowing himself too much liberty in a great match at Tennis in his shirt, with the Palsgrave and Count Henry of Nassaw, lately come over upon fame to see him.

And on Sunday the 25. of October fell into sudden sickness, fainting with heat and head-ach, that left him not whilst he had life, takes his bed in great drought and little rest.

The next day increasing, high Pulse, ill Urine, Doctor May∣ern prescribes him a Glister, after which he rose and very chea∣ry, but lookt Pale, dead sunk eyes, and great drought, and therefore Mayern and Nasmith advised to let him bloud, but the other Physicians disagreeing, it was unhappily deferred.

The fourth day of his sickness, comes Doctor Butler that famous Man of Cambridge, he approved of what had been done, consented to what should be given to him, and hopes of Recovery.

This Evening two Hours after sun, set, appeared a Lunar Rain∣bow,* 5.120 directly over the House, which was held Ominous.

The six and seven days increasing his Disease.

The eighth, the Physicians bleed the Median of his right Arm eight ounces, thin and putrid: after which he found ease, and was visited by the King, Queen, Duke, Palsegrave, and Si∣ster.

The ninth worse than before, Doctor Atkins assisted their o∣pinions, That his disease was a Corrupt putrid fever seated un∣der the Liver in the first passage, the Malignity by reason of the putrefaction (in the highest degree) was venemous.

The tenth, increasing Convulsions and Feavers, Mayern ad∣vised more bleeding, but the rest would not; applying Picheons and Cupping-Glasses to mitigate the pain.

The eleventh small hopes, His ••••aplains continuing daily de∣votions with him, the Arch-Bishop of Canterbury, and Doctor Melburn Dean of Rochster, with whom the Prince daily pray∣ed.

The twelfth no hope, The King with excessive grief removes to Kensington house: All imaginable helps, Cordialls, Di∣aphoretick, and quintessential spirits, and a water from Sir Wal∣ter Ralegh in the Tower, all these by consent, administred with∣out

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And so he died at eight a clock that night Fryday the sixth of November 1612.

The Corps laid out, the fairest dearest and well proportioned, without any spot or blemish.* 5.121

The next day, solemnly appointed for Imbowelling the Corps, in presence of some of the Council, all Physicians, Chi∣rurgions, Apothecary, and the Palsgraves Physician. And here fol∣lowes the very Coppy of their view under their Hands.

The Skinn blackish, but no way spotted with blackness or pale marks, much less purpled like flee bites could shew any Contagion, or pestilentiall venome. His kidnies, Hips, and Thighs full of redness, his Belly (because his continual lying upon his back) swol∣len.

The Stomack whole and handsome without any taint.

The Liver marked with small spots above, and small lines below. The Gall-Bladder full of wind, The Spleen blackish fil'd with black blood, The Kidnies without blemmish.

The Midrife under the Film or Membrance, containing the Heart spotted with black redish colour by reason of brusing.

The Lungs blackish, with spots full of adust blood, corrupt and thick, they concluded an extream heat, the Throat and Tongue co∣vered with blackness which was clest and dry.

The hinder Veins (Piamater) swoln, aboundance of blood more than naturall.

The substance of the brain fair and clear, the other parts by rea∣son of the convulsions, resounding, benumings, and of fullness, choaking the Natural heat and destroying the Vitalls by their Ma∣lignity, have conveyed him to the Grave without any toaken or accident of poyson.

In quorum fidem presentem relationem manu propria subsig∣navimus septimo die Novembris.

  • Mayern,
  • Atkins,
  • Hamond,
  • Palmer,
  • Gifford,
  • Butler,

It is added, that his admirable patience in his sickness might deceive his Physicians, never dreaming danger. His Urine shew'd none, but the state of his grief lay closely rooted in his head.

He dyed in the rage of a Malicious Extraordinary burning Fea∣ver.

And was Interred at Westminster 1612.* 5.122

His Motto's,

Pax mentis, Honestae gloria. Iuvat Ire per altum.

Hee was comely tall,* 5.123 five foot eight Inches high, strong and

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well made, broad shouldred, a small wast, amiable with Maje∣sty, Aborn Hair, long faced, broad forehead, a peircing grave Eye, a gracious smile, but with a frown, daunting.

Courteous and affable, naturally shamefast and modest, pati∣ent and slow to anger, mercifull and judicious, secret of any trust, even from his youth. His courage Princelike, fearless, noble, and undaunted; Saying, that nothing should be impossible to him, which had been done by another; Religious and Christi∣an.

He was never heard to swear an Oath; and it was remembred at his funeral Sermon by the Arch-bishop, that he being com∣mended by one for not replying with passion in play, or swear∣ing to the truth, he should answer, that he knew no game or value to be wonne or lost could be worth an Oath.

To say no more, such and so many were his virtues, that they covered the semblance of sin.

But think what we will,* 5.124 one that sucks venome says [he was anatomized to amuse the world, and to clear the impoyson as a Court trick to dawb it over.]* 5.125 We are like to have much truth from such a prejudicate Pen-Man.

The Prince Palatine and Maurice Prince of Orange (by a De∣puty) were installed Knights of the Garter this Christmass.* 5.126 And in February following the Marriage with the Princess Eli∣zabeth, was solemnized with all pomp and glory, together with the peoples hearty affections,* 5.127 expressed in their Ayd-mony (Con∣tribution he calls it) for her Marriage, which is a due debt or anci∣ent Custome, and no [absolute thing] whether or no that [the obedience of the subject had been ripe (or rotten) thereto] and it came to twenty thousand and five hundred pounds.

And in Aprill after he returnes with his Bride through the Netherlands to his own principall City Heidelbergh in the Palati∣nate, from whence his finite miserable banishment took begin∣ing in Anno 1613.

A Scotish Baron one Sanquair having wasted his own,* 5.128 pieced up his Patrimony by mariage with another, an heir in England; and having worn out hers also, with the death of his Lady, He seekes to save the poor remain, by sparing it abroad, a Custome of Gallants taken up to salve their credit, which (they say) Par∣simony disparages, unless from home in forein soil, and ere he went over, His fate was to try mastery, with Turner a Master of defence in his own Art, wherein Sanquair had much of know∣ledg, but more of opinion.

Turner was the most of skill in that Profession, whom the Baron challenges at three hits, and inforced upon him the first of three, with over-much conceipt and clamour of his Scots companions to over-Master the best in England, and him in his

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own Schoole too in the face of some Schollars; an affront to all. The man sensible of his credit more than conscience, in Malice to do mischief, opened his Body to the advantage of his Adversary, who too neer pressing it home, Turner takes it on his Brest, being sure thereby to pop Sanquire in the eye, so deadly, that he dasht it out. The Baron guessed at this evil hap by his own Intention, to have done worse himself. But by Turners regret of this mischance, they parted, patience perforce.

At Paris the King pittyed his loss, a great defect to a hand∣some gallant, and asked him why the man dyed not that did it. This Item the Divell so drove into his fancie, that hastily brings him home again, where he hired two of his own kindred, Grey and Carliel to kill him, which they did basely, by a brace of Bullets in his own House White-Fryers, And all three got time to fly. The one taken in Scotland, the other on Ship-board, and the Barons head praysed at a thousand pounds; he fearing thereby to be forced into Justice, thought it safer to throw himself into the hands of Mercy, by presenting it; and so represented by the Bishop of Canterbury, he might appear an obiect of pitty. But the wound was universall, and the blood-shed not to be wiped off, but by his death ignoble as his Act, the Halter; equall guilt had even punnishment, all the three Gallows.

Some difficulty there was, how to proceed with the Baron, who first came in, for Carlile and Grey being Principals, and not as yet convict, the Law could not proceed to the Tryall of San∣quair being but Accessary. But then the other two flying, they were out-lawed, and so attainted of felony, and then the Ac∣cessary was tryed: for there are but three kinds of Attainder, by Outlary, Verdict or Confession. See after in the case of Weston for impoysoning of Overbury, who stood Mute sometime; that while, the Accessaries could not be convict Anno 1615.

The next Moneth brings to the Grave that excellent States-Man Treasurer Cecil Earl of Salisbury.* 5.129 He was descended from the Sitslts in Hartfordshire (Vorstegan saes, from Cecilii the Romanes) they suffered some persecutions in the time of Henry the eight and Queen Mary. His father William came into favour by Edward the sixth, who gave him Knighthood,* 5.130 and took him to his Counsell and in the Office of Secretary of State, but in some obscurity afterwards under his Sister Mary, was restored again by Queen Elizabeth in the same trust, so soon as she was setled in her Crown, and by degrees increases him to honour;* 5.131 First Baron of Burleigh, Then Lord Treasurer and Knight of the Garter, he died Chancelor of the University of Cambridge Anno 1598. and was intombed at Stanford; Leaving two sonnes. The Elder Thomas then Lord President of the North, and by King Iames created Earl of Excester, and privy Counsellor of State.

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He died some years after, discreet and honourable, whom the world could never tax with any taint.

This other sonne Robert was a true inheritor of his fathers wisdome,* 5.132 and by him trained up to the future perfections of a judicious States-man.

After his Knighthood by Queen Elizabeth, the first imploy∣ment from Court (for he was not at all bred out of it) sent him Assistant with the Earl of Derby, Ambassadour to the French King. At his return she took him second Secretary with Sir Francis Walsingham, after whose disease he continued principal, and so kept it to his death, Not relnquishing any preferment, for the addition of a greater; A remarkable note, which few men of the Gown could boast off. His father liv'd to see him thus far setled in these preferments, and afterwards Master of the Wards and Liveries.

These he held to the Queens death, being in all her time used amongst the men of weight, as having great sufficiencies from his father who begat them also.

Those offices here in publick, with perpetual Correspondence by Emissaries of his own, made him capable of reception with King Iames, who was advised by him, how to be received of his people: His merits certainly appeared to his Master, that added to his former preferments, even to the day of his death, as first Baron Essenden, Viscount Cranburn and after Earl of Sa∣lisbury, Knight of the Garter, and Lord Treasurer of Eng∣land.

It behooved the King to bestow on him the weight of that staff,* 5.133 the Coffer then in some want, which was not likely soon to recover, but to increase debt, by the charge of a treble Court of King, Queen and Children, and therefore many ways were devised to advance the Revenue, particularly in that of honor for Knights,* 5.134 Baronets, which was not this Earls one∣ly design [as some will have it] Nor of Somerset hereafter [as another saies;] But it was began a little before this Lords death,* 5.135 as will follow hereafter.

I know what some have surmized, to prejudice his Memory if it were possible, who with little pains may be sufficiently vindicated, and his Merits amply related; being of somewhat concernment to me, to speak my own knowledg, again, to en∣lighten the dark shadows that always wait on shining merit.

But all his care and pains not able to fill the Coffers, so much exhausted, and the Estate in a Retrograde consumption, He did before his death (not usual with Courtiers) present his Pa∣tent of Master of Wards at the Kings feet, and so the whole benefit became the profit of the Crown.

By former constitutions of this Realm,* 5.136 all the Lands of this

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Nation, held by two Tenures by soccage or by Knights service by the Plough to free us, or by the sword to defend us, and who so died,* 5.137 leaving an Heir within age, unable to do this Service, his Heir and Lands fell both to the protection of the Sovereign. And this in antient time was promiscuously carried in the Court of Chancery, untill the middle of Henry 8. when this Court of Wards was first erected. Since which time the Masters thereof, by favour of the Sovereign, did accustome (as a bounty of State) to grant unto Noblemen, the Kings Servants, and their own followers, both the marriage of the body, and the Lease of the Lands, for a third penny, of their true value; which also in several relations, by frequent Orders and Decla∣rations of that Court in print, have been altered and changed, till now of late the whole Court and quality thereof is abso∣lutely dissolved as a grievance too burthensome, for a free State and people, anno 1648.

He indured some time of sickness and died in his return from the Bath, at Saint Margarets, at Master Daniels house in May, 1612. and was entombed at his Mannour of Hatfield a princely seat in Hertfordshire.

His death opened the doors for the King to dispose his Place of profit,* 5.138 the Treasurership upon the E. of Suffolk, whose office of Lord Chamberlain fell to the Favourite Viscount Rochester; the Wards to Sir Walter Cope, who lived not long to enjoy it, being of weak constitution, carefull and painfull in his duty, of great experience in the affairs of Court and State, bred up first under Burlegh, and at his death delivered up to his son Sir Robert Ceil, with whom he continued the most exact Confident and counsellour to the end of his days.

And the Favorite also was made Seretary of State, belike for some suddain improvement of his Latine Tongue, which his Master is said to teach him.

His Confident was one Thomas Overbury,* 5.139 a man of good parts, a Student of Lincolns Inn, lately returned from Travell; besides, it was Carr's first principle (and no mean one) to please the English, by entertaining them his Domesticks; for having not many Kindred or Friends to lean upon, he might be forced to stand upon his own strength, and the kindness of stran∣gers.

This Overbury, had most strickt friendships with Carr,* 5.140 lately created Viscount Rochester) and therefore soon knighted; and if we may credit his own vaunt, (being indeed insolent) he would brag, that the Viscounts advance in business of Court, and Secrecies of State, proceeded from him, which he mana∣ged, and made common.

And the knowledg of this coming to the King, he tenderly

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blamed his Favourite, for such freedom in his Masters affairs. This advice made him less communicable in those Mysteries, which Overbury took ill, and with scornfull resentment told Ro∣chester, that indeed he deserved to be better imployed than to attend as his Tutor.

And therfore he desired to have the Honour and Preferment of an Ambassy Leiger then intended abroad,* 5.141 as best fitting his good parts, (and greater pride, of which he had sufficient) to present the Kings person; conceiting perhaps, that the power which he usurped, in the Visconts affection, would work some regret up∣on him; which Overbury knew how to master for a better ad∣vantage.

But when Rochester had wisely considered, that there would be no great loss of so loose a Friend▪ and that Overbury, though an Osier of his own planting, would not be wrought in any pur∣pose, but to his own self-pride, hastily put the Design forward, drew up his Instructions, (with some Additionals of Overburies, (for I copied them) and this being in earnest, then Overbury would not go,* 5.142 for which high Contempt the King and Council sent him to the Tower.

'Tis true, some Moneths before, Rochester made Court to the Countess of Essex, (who did not, that loved a Lady▪) which Overbury misliked, upon no score of Religion or Virtue, but to ballance with his ambition and vanity, and to obtrude any Co∣partnership in his friends affection, especially of the House of Howards, whom mortally he hated upon private malice; for to some mens knowledg, he would scornfully report (not long be∣fore) that she was won by Letters of his inditing (which I have read) and by that means, endeavoured to bring them to Bawdery, the beginning of all their future ruines, as you shall hear the next year.

The Kings expence brings him to account with his Exchequer,* 5.143 where his Exits increasing the In-comes, he intends better hus∣bandry to piece out his Expences; and having taken into his Houshold Sir Arthur Ingram a Merchant bred,* 5.144 who by his wit and wealth, came to be his Cofferer, the vast expence of the state keeping the Treasury dry, his abilities discover the cunning craft of the Merchant; for the Customers had cozened the King, en∣grossing by that means, the wealth of Trading, which was there∣fore raised to an higher Farm. The same use was made at Court, which he taught the Green-cloath by Retrench, and he is called by Sir A. W.* 5.145 therefore [an evil Bird that defiles his Nest] (what is he then who defiled the Court, that gave him breeding, defam'd the King that gave him bread?) The King put this course in practice at Court, (somewhat differing I confess) in the Line of Ascent to the Houshold preferment, which rises by order & successi∣on)

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and this man a stranger in Court stept in, to discover the con∣cealments of the Green-cloath also; and when this Tide had its Ebb, it returned again to his wonted channel; and 'tis true, the King shifted the fault upon his Favourite, an ordinary fate, which often accompanies them to bear the burden of their masters mistakes, which yet was but an experiment, proper enough for the L. Cham∣berlain Rochester to put in practice, whose creature he was.

But we may not forget our good Lord of Essex, our digression most necessary to his story, which was thus:

There was, amongst other persons of Honour and quality in Court,* 5.146 a young Lady of great birth and beauty, Frances the Daughter of Thomas Howard Earl of Suffolk, married in under∣age unto the Earl of Essex, now become a forward stripling, she two and twenty, and he three and twenty years; of him com∣mon fame had an opinion (grounded upon his own suspition) of his insufficiency, to content a Wife.

And the effects of this Narration (with the sequel of his life and conversation, with his second Wife) is so notorious, as might spare me and the Reader our several labours, for any other convincing arguments.

But with the first, when both were of years, to expect the blessing of the Marriage-bed, he was always observed, to avoid the company of Ladies, and so much to neglect his own, that to wish a Maid into a mischief, was, to commend her to grumbling. Essex, as they stiled him, and increased the jealousie of such men, whose interests were to observe him, that he preferred the occa∣sion himself for a Separation; and which indeed from publick fame, begat private disputation amongst Civilians of the legali∣ty thereof, wherein those Lawyers are boundless.

This Case followed the heels of a former Divorce,* 5.147 fresh in me∣mory, between the Lord Rich and his fair Lady, by mutual con∣sent; but because Mountjoy Earl of Devonshire married her, whilest her Lord lived, the King was so much displeased, as it broke the Earl's heart; for his Majesty told him, that he had purchased a fair Wife with a foul Soul. But this of Essex was a different Example, when you seek to parallel them together.

And therefore we may with more charity to truth, not admit such hasty credit, as to believe, [that now the Kings delight was onely for the love of the Viscount (who is supposed to be in love with the Countess of Essex,* 5.148 and upon no other score) to com∣mand the Bishops to sue out a Divorce from her Husband] which in truth was done with ample Reasons and legal Geremontes.

And because the Nullity gave freedom to either, and so the means of her after-marriage, with Rochester, the sad occasions of all the sequel mishaps; I have with some diligence laboured out the truth precisely and punctually, as it was acted and proceeded

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by Commission Delegative,* 5.149 not easily now, otherwise to be brought to light, which the Historian passes over briefly, as un∣willing to spend time, to set down truths, when it makes not for his turn;* 5.150 for this Author had been Essex his Man, and turn'd away by his Lady.

Upon Petition of the Earl of Suffolk and his Daughter Fran∣ces, to the King.

That whereas his Daughter Frances Countess of Essex had been married many years unto Robert Earl of Essex, in hope of com∣fortable effects to them both;* 5.151 that contrariwise, by reason of certain latent and secret imperfections and impediments of the said Earl, disabling him in the rights of Marriage, and most unwillingly disco∣vered to him by his Daughter, which longer by him to conceal, with∣out remedy of Law and the practice of all Christian policy in like cases, might prove very prejudicial.

And therefore prays.

To commit the cause of Nullity of Matrimony, which she is forced to prosecute against the said Earl, to some grave and worthy per∣sons, by Commission under the great Seal of England, as is us∣ally, &c.

Which accordingly was granted unto four Bishops,* 5.152 two Pri∣vy Counsell ours learned in the Law, and unto four other Civil Lawyers, with clause to proceed, cum omni qua poterint celeritate & expeditione summarie ac de plano sine strepitu, ac figur a judicii, so∣la rei & facti veritate inspecta & mera aequitate attenta.

And with this clause also, Quorum vos praefati Rev. Patrem Cant. Archiepiscopum, Reverend. Patrem Lond. Episcopum, & Iul. Caesar. Mil. aut duos vestrum, in ferenda sententia ineresse volumus. But for some Exceptions concerning the Quorum, by the Com∣missioners in the words, Sententia esse not interesse; A second Com∣mission was granted, and adjoyned two Bishops more, with this Quorum. Quorum ex vobis praefat. Reverend. Patrem George Cant. Archiepisc. Ioh. Lond. Episc. Tho. Wint. Episc. Lancelot Eliens. Episc. Richard. Covent & Lich. Episc. Ioh. Ross. Episcop. Iul. Caesar. Mil. Tho. Parry Mil. in ferenda Sententia, nos esse volumus.

Upon this the Countess procures Process against the Earl, to answer her in a Cause of Nullity of Matrimony.

The Earl appears before the Commissioners, by his Proctor,* 5.153 and she gives in her Libell, viz.

That the Earl and the Lady six years since in January, Anno Domini 1606. were married, her age then thirteen, and he four∣teen; and now she is two and twenty, and he three and twenty years old.

That for three years since the Marriage, and he then eighteen years old, they both did co-habit as married folk in one bed, naked, and alone, endeavouring to have carnal knowledg each of others body.

Notwithstanding the Earl neither did, nor could ever know her

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carnally, he being before and since possessed with perpetual incurable impediment and impotency, at least in respect of her.

That the Lady was and is apt and fit, without any defect, and is yet a Virgin, and carnally unknown by any man.

That the Earl hath confessed oftentimes to persons of great cre∣dit, and his nearest Friends, that he was never able carnally to know her, though he had often attempted and sed his utmost endea∣vours.

And therefore prayeth the Commissioners upon due proof hereof, to proneunce for the invalidity and nullity of the Marriage.

The Earl by his Proctor denies the said Contents, Contestatio lit is negative.

His Answer is required by Oath, by second Process,* 5.154 where in open Court his Oath was administred with so great care and ef∣fectual words, to minde him of all circumstance, as the like hath been seldom observed.

The Earl viva voce confesseth the Marriage, and circumstance, (as in the Libell) and were not absent above three Moneths, the one from the other, in any of the said three years.

That for one whole year of the three, he did attempt divers times carnally 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 willingness and readiness therito.

That he did never carnally know, but did not finde any impedi∣ment in her self, but was not able to penetrate or enjoy her.

And believeth, that before and after the Marriage, he found in himself ability to other women, and hath sometime felt motion that way.

But being asked, whether he found in himself a perpetual and incurable impediment towards her?

He answered, that in two or three years last he hath had no moti∣on to her, and believes he never shall, nor that she is apt as other wo∣men: and that she is Virgo integra & incorrupta.

And confesseth, that he hath often before persons of credit con∣fessed thus much.

Notwithstanding this his Oath, she produced sundry Witnes∣ses of the Marriage, time, age, co-habitation at bed and board, as before in the Libell, &c.

So then, that period of time limited by the Civil and Canon Law, proved his co-habitation and co-dormition for consumma∣tion.

The next was, that notwithstanding she remained Virgo inte∣gra incorrupta; but because the Earl believed not, the Lady to be fit and apt for copulation; therefore the Council desired, Matronas aliquas probas & honestas side dignas, & in ea parte peri∣tas dominas assignari ad inspiciendum corpus dictae dominae.

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Whereupon it was decreed, that six Midwives of the best note, and ten other noble Matrons, fearing God, and mothers of children, out of which themselves would chuse two Midwives and three Matrons,* 5.155 and out of which the Delegates did select five, ut sequitur.

Tunc Domini, viz. Arch. Ca. Lond. Eliens. Covent. & Lich. Caesar, Parry, Dunn, Benet, Edwards, habita inter eos privata deli∣beratione ex numero matronarum praedict. elegerunt,

The Lady Martha Terwhite, wife of Sir Philip Terwhite Ba∣ronet.

Lady Alice Carew, wife of Sir Matthew Carew.

Lady Dalison, wife of Sir Roger. Et in supplement casu earum impedire.

The Lady Anne Waller, Widow.

Et ex obstetricum numero, &c.

Margaretam Mercer, & Christianam Chest.

Et assignarunt procuratorem dictae dominae Francessi ad sistendum cujusmodi inspectatrices, coram Reverend. Patre Episcop. Lond. Caesar, Dun, &c. Inter caeteros nominat. isto die, inter horas quin∣tam & sextam post meridiem juramentum in hac parte subdituras, atque inspectione facta fidiliter relaturas, earum judicium, juxta ea∣rum scientiam & experientiam, &c. Coram dictis dominis delega∣tis, sic ut praefertur assignatis, quam cito fieri possit, ante horam quartam post meridiem diei Iovis prox. alioquin ad comparend. hoc in loco coram Commissariis dicto die Iovis inter hor as quartam & sextam post meridiem ejusdem diei, earum judicium in hac parte tunc relaturas, & interessendum diebus, hora & loco respective praedict. ad videndum inspectatrices praedictas, juramento in hac parte one∣rari; nec non quibuscunque aliis diebus hora & loco per dictos do∣minos Commissarios nominat. dictis inspectatricibus adreferend. ea∣rum Iudicium assignatum.

Accordingly between the hours of that day, were presented before the Delegates, the said Ladies, sworn, ad inquirend. & in∣spect.

  • 1. Whether the Lady Frances were a woman apt and fit for carnal copulation, without any defect that might disable her to that purpose?
  • 2. Whether she were a Virgin unknown carnally by any man?

Whereupon they went from the presence of the Commissi∣oners into the next Room, where the Countess was, accompani∣ed with the Council of both sides, into which Room was no en∣trance but at one door, whereat the Council presently came forth, and onely the Countess left with the Ladies, who after some convenient time returned their report under their hands. The Commissioners having first sequestred from their presence

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the Council 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 Re∣cord.

And this is in sum their Relation.

  • 1. That they believe the Lady fitted with abilities to have carnal copulation,* 5.156 and apt to have children.
  • 2. That she is a Virgin incorrupted.* 5.157

And to corroborate all this, the Countess in open Court pro∣duced seven women of her consanguinity.* 5.158

That in as much 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 farther regarded than as it was confirmed by the Oaths of those her Kinswomen.

The Law presuming, that such kindred should be best ac∣quainted with the inward secrets of their Kinswoman.

In order, the Countess had an Oath administred to her, with all, with all the like grave admonition as before to the Earl. 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 Libell.

And then the seven noble women, viz.

Katherine Countess of Suffolk, Frances Countess of Kildare, Elizabeth Lady Walden, Elizabeth Lady Knevet, Lady Kathe∣rine Thin, Mistris Katherine Fines, Mistris Dorothy Neal 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 pulvertatem utriusque, they both endeavoured copulation.

2. That notwithstanding, ability on her part, per inspectatri∣ces, she remained a Virgin incorrupted.

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

The Law being this, that impotentia coeundi in viro howsoe∣ver, whether by natural defect, or accidental means, whether ab∣solute 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 consumma∣ted, and the Law allowing the said proofs, &c. was abundantly sufficient, to convince the said Earl of impotency.

Because Canonum statuta custodiri debent ab omnibus, & nemo in actionibus, vel Iudiciis Ecclesiasticis, suo sensu, sed corum autho∣ritate duci debet.

The Judges Delegates therefore gave this Sentence.

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Idcirco nos, &c. in dicta causa Iudices Delegati & Commissarii Christi nomine (primitus) invocato, & ipsum solum Deum, oculis nostris praeponentes & habentes, deque & cum consilio Iurisperitor. cum quibus in hac parte communicavimus;* 5.159 matureque deliberavi∣mus, praefat. dominum comitem Essex, dictam dominam Francis∣cam, ob aliquod latens, & incurabile impedimentum perpetuum, prae∣dictum contractum, & solemnizationem praecedens, citra solemniza∣tionem & contractum praedictum nunquam carnaliter cognovisse, aut carnaliter candem cognoscere potuisse, aut posse, & eundem domi∣num comitem, quoad carnalem copulam cum eadem domina Francisca, exercend. omnino inhabilem & impotentem fuisse & esse:

Pronunciamus decernimus & declaramus praefatum praetensum Matrimonium, sic inter praedictum virm Robertum Devereux comitem Essex & praedictm praenobilem foeminam Franciscam Howard, de facto contractum & solemnizatum, omniaque ex inde sequentia, ratione promissorum, omnino invalidum, ac nullum nulla fuisse, & esse, viribusque juris caruisse & carere debere, atque nullo & nullis, & invalido & invalidis, ad omnem juris effectum; etia∣que pronunciamus decernimus & declaramus, dictum matrimonium praetensum, omniaque exinde sequentia cassamus annullamus & irri∣tamus; memor atamque dominam Franciscam Howard, ab aliquo vinculo hujusmodi praetensi Matrimonii inter eam & dictum domi∣num Robertum comitem (ut praefatur) de facto contracto & solem∣nizato liberam & solutam fuisse & esse, & sic tam liberam & solu∣tam insuper pronunciamus, decernimus & declaramus; eandemque dominam Franciscam ab eodem domino comite Essex, quoad vinculum matrimonii praetensi praedicti, omniaque exinde sequentia liberandam & divortiandam fore debere pronunciamus & sic libera∣mus & divortiamus, eosdem quo ad transitum ad alias nuptias con∣scientiis suis in domino relinquere, per hanc nostram sententiam defi∣nitam; sive hoc nostrum finale decretum, quam sive, quod fecimus & promulgamus in his scriptis.

And the Records extant, do mention the proceedings (you see) modest, legal, parallel with any former of like kinde, where∣in the Civil Laws are boundless; and this strict form and man∣ner had no room for corruption.

And the Commissioners that agreed to the Sentence were four Bishops,* 5.160 Winchester, Lichfield and Coventrey, Rochester, and Ely.

The Civilians were three Knights, Caesar, Parry, and Dunn.

And though thus sufficient, yet are they noted [for private men for the purpose, and that Kings will never want such ministers in corrupted times both in Church and State.]

The common people were offended with the Canons, and wisht, that Essex might have as many Women to aspect him for his sufficiency; That he might have justified himself upon

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others, or have had Physicians (by art) to certifie his natural im∣pediment, or whether impedimentum maleficii (being accidental) praesumatur praecessisse, vel potius subsecutum fuisse matrimonium contractum & solemnizatum? Whether they ought post prae∣ceptum Iudicis, to co-habit together, saltem per aliquod temporis spatium arbitrio Iudicis moderandum, for further trial.

Indeed the Arch-Bishop Abbot took upon him the quarrel,* 5.161 who (in truth) in the Civil Law was least able) his Doubts and Queries were dispersed, and got some credit with the Clergy, whilest the Civilians (with much civility, if not fear) of his au∣thority amongst them) forbore to give him answer, till the King himself took the pains to pull him down.

The Bishops Arguments were six.

  • 1. That all controversies concerning the Church are compre∣hended in the Scripture, and Marriage is there accounted sacred.
  • 2. What Text doth warrant a Nullity after Marriage, Pro∣pter maleficium versus hanc? The Scripture, indeed, makes Nulli∣ty, Propter frigiditatem, Matth. 19. 12. Some born chaste, some made Eunuchs, some made so by grace.
  • 3, 4. What Councils or Fathers, or stories either Greek or La∣tine, have ever mentioned Malesicium versus hanc, untill Hirca∣nus, 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,* 5.162 It is a preposterous Puritan Argument without some better distinction or explanation: for, the Orthodox, con∣sider all controversies in points of Faith and Salvation. Nullity of Marriage cannot be one, and therefore the consequence fails.

2. 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 ut paritate rationis? for none of them are in terminis prohibited in Scripture, and so all the other unlawfull matches, for ascending or descend∣ing in points of Consanguinity, quia par est ratio.

The like is in this case; for although Christ spake onely to three sorts of Eunuchs, yet, Ratio est quia non potest esse copulatio inter Eunuchum & mulierem; and therefore Saint Paul tells us, It is not Conjugium sine copulatione.

I conclude therefore a paritate rationis, that Christ did compre∣hend under these three sorts, all inability, which doth perpe∣tually

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tually hinder, copulationem versus hanc; whether natural or ac∣cidental. For what difference is there, between the cutting off the hand, and being made impotent thereof? Amputatio & Mutilatio membri, being the same in Civil Law.

It being sufficient unto moderate Christians to believe out of Gods word. That mariage is null, sine copulatione; and those words, quos Deus conjunxit, are never found in Scrip∣ture, where et erunt eis, doth not proceed, viz. And they two shall be made one flesh.

But however the impediment be, whether universal or versus hanc, or born so, or by violence, or by disease, or ineptitude, that is ever par ratio, he is Eunuch versus hanc & omnes alias. Seeing to him only she was married.

To the third and fourth; There may be something to this purpose, or aliquid analogum, with a paritate rationis.

Besides; it is an ill argument to say, that therefore it is not lawfull, because Fathers nor Council, do not mention it.

5. The same answer to the fifth; for till the four hundred years after Christ (perhaps) that devillish trick was not discove∣red, and we know, ex malis moribus bonae leges.

And this, in dispute, is only a question of Order and Policy; For the essential point of Matrimony, cannot be accomplished sine copula.

6. The Devils have power over the flesh, and to exempt us from the power of Witch-craft, was never maintained by a∣ny learned man; and why not of Protestants, as well as of Papists?

Remedies perhaps, have been used by themselves, but Non interest Repub. nec Eccles.

And so to satisfie his conscience, this pains was taken with the Arch-bishop, ut cum conversus fuerit, confirmet fratres suos.

In fine;* 5.163 both Parties freed to their second choice, the Countess the fifth of December marries the Viscount, lately made Baron of Brandspick and Earl of Somerset, the tenth Earl; the first being made by Maud the Empress: And Overbury in the Tower hears of this jollity, and himself in durance, threa∣tens Somerset (No, saies our Adversary) writes to him, humbly imploring. Another (such like) pens the Letter thus.

Right Noble and worthy Sir,* 6.1

YOur former accustomed favours, and also late promise con∣cerning my present deliverance, hath caused me at this time, by these lines to solicite your Lordship, and to put you in remembrance of the same, not doubting that your honour is at all forgetful of me,

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but onely (by reason of my imprisonment) being possest of divers dis••••ses would for my bodies health and safety, tast of the felicity of the 〈◊〉〈◊〉 air; In which cause, if your Lordship please to commise∣rate my present necessities and procure me my speedy deliverance, I shall not only stand much the more obliged to you, but also acknow∣lege you the preserver of my life.

Such stuff as this makes up the matter as they would make us believe, but in truth; he threatened Somerset with some di∣scovery, which was construed to be secrets of Love, or State, or both. Not without monstrous defaming her honour, by Mes∣sage and writing, [filthy base woman, they were best look to stand fast] which begat fury in her and subtilty in Somerset, least O∣verburies Malice, should break forth, to both their sufferings, and so trouble their whole fortunes.

To prevent mischief to the One,* 6.2 and continual defame 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-looked red-bearded Scot) whom Overbury had prevented of a suit, valued 2000l. But his cow∣ardice, not conscience, fearing to ingage, she and they plot∣ted the impoisoining of him in prison, as the story intends to discover in particular.

This Spring seizes Northampton for death.* 6.3 He was 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 Gradchild Thomas Earl of Arundel 1604. as aforesaid, and by particular prefer∣ments of this Henry, who was more wedded to his book than to the Bed, for he dyed a Bachelour.

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 concentured in a Noble person, at his first accession hether,* 6.4 he the rather advanced him in succeeding Creations, as Baron of Marnhill, Earl of Northampton, then Privy Councellour, Lord Warden of the Cinque Ports, Lord Privy Seal, and Knight of the Garter, and elected Chancelour of the University of Cambridge.

He had plentiful for his single Life, and to spare for his friends. In his expence, not over frugal, maintaining his Port the most remarkable (like the antient Nobility) in his family and depen∣dents of any Lord then or since his time.

He assisted his Nephew the Earl of Suffolk, by his design∣ning,

Page 394

and large contribution to that excellent Fabrick Awdle∣end.

He built that Noble Structure at Charing-Cross, Northamp. House, & presented it a New years gift to his Cosin German the Walden, Suffolks eldest Son. And yet left his other Cosin the E. of Arundel, the rest of his estate, so 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 handsome Covent at Greenwich, and indued it with Revenue for ever, for maintenance of decayed Gentlemen Ba∣chelours, a competent number; and for Widdows also consi∣derable.

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 lately do pub∣lish) 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 cleered him, which suspition is since grounded upon the interpretation of his Familiar Epi∣stles to the Earl of Somerset, and indeed but bruited since his death. And where no proofs precede, we may be sparing to not him so Noble a Person, with that, or any other Infa∣my.

About these times, the humours of young Gallants, not brooking the peaceable conditions of our Kingdomes, and neighbour Nations,* 6.5 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 se∣vere Edict against private Combates and Combatants, their Seconds, Accomplices, and Adherents, for prevention of those heavy events whereto worthy familics become obnoxious, by the odious and enormous impieties inevitably subsequent there∣upon;

Intending by that time, that the most proper Remedies have qualified the distemper of il-disposed minds, and that auda∣cious spirits have smarted for incompetent desires; the false co∣lours and pretences of erring Custome, have both been coun∣terpleaded and corrected by reforming severity. By that time, I say, that Passion hath been put into the right course of sub∣mitting to discretion and caution, hath wrought it self at lea∣sure, into as constant a form and habit of conforming to obe∣dience, as self-will took in former times to plant false prin∣ciples; the greater part will easily discern, That there is greater reason to reprove those that offer Challenges of madness, than to tax those of Cowardice that abstain out of duty.

Page 395

And therefore those that should conceive themselves to be behind in the least respect of point of honour should repair to the Marshalls Court, who were instructed and prepared as well for the cleansing of all green wounds, as the healing of old Ulcers that shall appear to them.

Hereupon occassion was soon given and taken in 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 o∣ther a Butcher.

This eloquent Oratour divided his charge into four bran∣ches.

  • 1. The nature and greatness of the Mischief.
  • 2. The Causes and Remedies.
  • 3. The Iustice of the Law of England, which (saies 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 Ma∣gistrates hands into private men, presuming to give Laws to themselves; It may grow from quarrels to banding, so to troo∣ping, then to tumult and commotion, from private persons to families and alliances, and so to national quarrel; and sub∣ject the State to inflamations and convulsions, and herein Of∣fences 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 adaies 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 vain occasion.

For the Remedies. Four things may be effectual for repressing the depraved custome of Combates.

First, The State to abolish it: for then every particular per∣son thinks himself thereby acquitted his reputation; when he sees it an insult against Sovereign power. Like unto the Edict of Charls 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

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see the rule of State dis-interest him of a vain and unnecessary hazard.

Secondly, This evil must not be cockered. The compound∣ing of quarrels is grown so punctual by private Noblemen and Gentlemen, who is before hand, and wholly behind hand. It countenances Duels, as if therein somewhat of right.

The most prudent, and best Remedy may be learned out of the Kings Proclamation. The false conceated humour must be punished in the same kind, In eo quis rectissime plectitur in quo pecat, such men to be banished the Kings presence and exclu∣ded 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 e∣stablished by the King, the party surviving was instantly han∣ged, 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 the Duel.

3. Now for the Law of England. It is excepted against in two points.

Not to difference between an infidious and foul murther, and killing upon fair terms, as they term it.

The other, Not providing sufficient punishment for con∣tumely of words, as thely, 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 Murther upon Malice or cold blood. The Romans had restrained this privilege of passion, but onely where the Husband took the Adulterer in the manner. Yet Cain inticed his Brother into the Field and slew him treacherously; but Lamech vaunted of his Murther, To kill a young man, and if it were but in his hurt. So as the difference is between Insidious and Presumptos Murther, these of Cain and Lamech.

Greece and Rome had not this practice of Duells. It is said, fas est & ab hoste doceri.

There was a Duel between two eminent persons of the Turks, and one slain; the Council of Bashaes reprehended the Other, How durst you undertake to fight one with the other? are there

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not Christians enow to kill? Did you not know, that whether of you were slain, the loss would be the great Seigniours?

Tis true, we find Combates before an Army amongst the Ro∣mans, which they called Pugna per provocationem; between Generals themselves, or by their license to others.

So David asked leave when he fought with Goliah; And Ioab when the Armies met, gave leave, Let the young Men play before us.

And of this kind was that famous example in the Warres of Naples, between the Spaniards and Italians, where Italians pre∣vailed.

The second combate is a Iudicial Tryal of Right introduced by the Gothes, and the Northern Nations, and more antient in Spain.

But yet a wise Writer saies, Taliter pugnantes videntur ten∣tare Deum, quia hoc volunt ut Deus ostendat & faciat Miraculum, ut justam causam habens Victor efficiatur, quod saepe ontra 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 denyal and flea bites, to murther a man; Solon's An∣swer satisfies, That he had not ordained Punishments for it, not imaging the world so phantastical to take it so highly.

The Civillians say, that an action of injury does not ly for it. Indeed Francis the first of France, gave the ly to the Em∣perour, and in a Solemn Assembly said, That he was no honest man that would bear the ly.

The Laws of England had onely these degrees of injury, Slander, Battery, Maime, and Death. But as for a fillip, Con∣salvo said, A Gentlemans honour should be De tela crassiore, of a strong warp.

Now for the power of this Court to censure; Presidents have been in the Minor: Whartons case Plt. where Acklam, Defen∣dant, servant to Elleckars, 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 sight be not acted,

Send challenge in writing or message.

Shall deliver either of them.

To accept or return them.

To be a second.

To depart beyond Seas to combat.

To revive a quarrel by sandalous bruits or Pasquils.

Counsellers of Quarrellers.

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, Machina∣ri contro Corona

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But let us remember Scotland. We have forewarned the Earl of Orkneys mis-behaviour in Scotland, which of late so increas∣ed as he was again sent for and committed. Having rioted most of his Estate,* 6.6 the remainder was mortgaged to Sir Iohn Ar∣nots, 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 Dunbarton Castle, with a Noble a Day pen∣sion for his Maintenance, had information how his Estate with his Castles Kirkwall, Birsay, 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 for∣ces, and to expulse the Possessors.

He does so, with some loose people assaults Birsay, and takes it, wherein he puts a Garrison of thirty men, and hastens to Kirk∣wall, seizes that also.

This Insurrection comes to the Kings knowledge, and ha∣stens Commission to the Earl of Caithness, Lieutenant of those bounds; who with his Canon recovers the Castles in 6 weeks, and those within made Prisoners. Robert Steward the Earls base son, and four more principal Actors, were arraigned at Edenburgh, convct,* 6.7 and hanged.

The Earl as Accessary, came to Tryal, being indicted for causing his base son to surprize Kirkwall and Birsay, inciting the people to Rebellion, and detaining the Castles treasonably against the Kings forces.

He was allowed Prolocutours (Lawyers) of the best esteem, who deny the Libel (as they call it) but the confession of his base Son, and Others, with his missive Letters written to one Iohn Sharp, for detaining those Castles, and a charter of certain Lands assigned by him to one Patrick Haloro,* 6.8 for assisting the Rebels; the Assize of Iury, being his Peers, Earls and Lords found him guilty of Treason, and he presently executed at E∣denburgh.

The end of Patrick Earl of Orkney,* 6.9 Son to Robert Stewart one of the base Sons of King Iames the fifth (for he had others) This Robert was at first Abbot of Holy-rood-house, for divers years. After the forfeiture of Hepburn Earl of Bothwell, and the obtaining those Isles, he exchanged the Abbacy with the Bishoprick of Orkney; and so became sole Lord of the Coun∣ty. Patrick succeeding to an elder Brother, and grown a Cour∣tier, involved himself in great debts which inforced him the more tyrannous over the people, to recover his wants.

At Glasgow was apprehended Oglevy a Jesuite,* 6.10 lately come from Gratts, by command of his Superior in that College. He answered peremptory to the Commissioners questions, profes∣sing

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not to prejudice others by any Confession. Their torture to inforce him to impeach others, was to debar him sleep for some time, until he was forced falsely to accuse any body, which he, after repose, would deny again.

The King was displeased with such forms to men of his pro∣fession, and if no crime could be proved but his Calling, and saying Mass; they should banish him, not to return on pain of Death; but if his practice had been to induce the people to re∣bellion, and maintained the Popes power transcendent over Kings, and resused the Oath of Allegiance, they should leave him to the Law.

But with all they were to urge his Answer to these Que∣stions.

  • 1. Whether the Pope be Iudge in Spiritualibus over his Maje∣sty, and whether in Temporalibus, if it be in 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 excommuni∣cation, and in particular his Majesty.
  • 4. Whether it be no Murther 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 Affirmative in Spiritualibus. But whether in Tem∣poralibus he is not obliged to answer to any but a Iudge of Con∣troversyes of Religion, the Pope, or one by his Authority.

To the second affirmative, and that all persons baptized are under the Popes power.

To the third, He will not declare but to a lawful Iudge of Reli∣gion.

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 Tryal of Life, but was told over night, That he was not to be tryed concerning his profession, but for his former An∣swers to the Questions, which he may recal and crave mercy: but this he utterly refused.

And so was impannell'd, grounded upon the Acts of Parlia∣ment, against such as declined the Kings authority, or main∣tained other Jurisdiction, and upon his former answers.

He protests, not to acknowledge the Iudges nor Iudgement Law∣full: 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 Iurisdiction; if the King will be to

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me as they were to min, 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 Iury were either his Enemies or his Friends, if Ene∣mies they could not sit upon his Tryal; if Friends, they ought to as∣sist him at the Bar; That what he suffered was injurious, and not Iustice; he had not offended, nor would crave Mercy. My Com∣mission (said he) was by command of my Superiour, and if I were abroad, I would return hether again, and repent only that I have not been so busie as I should, in that which you call Perverting of Sub∣jects, and I call, Saving of souls; I do decline the Kings autho∣rity, and will do it still in matter of Religion, the most of your Mi∣nisters 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 dy 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 had Sentence of Treason, and to stop his rayling, was after Noon, the same day, hanged at Glasgow.

He was a desperate second Ravilliack, and ready in that de∣vilish doctrine of deposing and disthroning Kings, which he urged the more (he said) as consonant to the Kirk Ministers te∣nents. 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 pro∣fessed, Never to hang a Priest for his Religion.

The opening of the Spring gave opportunity to sundry fa∣milies of England,* 6.11 to prepare themselves for planting in Ame∣rica, Upon no great incouragement of profit, or pleasure, by any former Voyages of the English, into those parts; but peo∣ple and trade increasing here, they would unburthen this State with forein adventures.

The Design was for New England a part of America,* 6.12 in the Ocean Sea, opposite to that part of America, in the South Sea, which Sir Francis Drake discovered in his voyage about the world, and named it Nova Albion.

But he was never imployed thither, as a Discoverer or Plan∣ter upon this part of America, taking the coast from Cape Flo∣rida, in twenty degrees, (North Latitude) North-East-ward to Cape Brittain. Between the Degrees of Latitude, from 20. to

Page 401

45. King Iames granted Letters Patents, being about fifteen hundred miles, but to follow it aboard near two thousand miles.

And all this Coast from Cape Florida of twenty Degrees to five and forty, was first discovered by Iohn Cabot,* 6.13 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 Ralegh,* 6.14 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 Chesiopech Bay.

The next Northward is a part of Land to which Sir Iohn Pop∣ham Lord Chief Justice sent,* 6.15 for Discovery and Trade, 1606. but no success returned, and since it is called New England.

Then the Land adjoyning Northward was discovered by Captain Gosnold,* 6.16 all that coast being studded with broken Lands, and called by him Elizabeths Isles.

Then you come to Cape Cod, and to the discovery of Captain Weymouth's Land, and large River, and so forward to other Plan∣tations, sithence of the English, so far as Cape Britain.

Then to Nova Francia,* 6.17 the Colonies of the French, which Land in truth they have ingrossed, as being elbo-room for all, and which ends at Cape Race; the Lands spreading from thence direct∣ly Northwards, and named New-found-land, untill you sail into the Frozen Sea, where Davis, Basin, and Hudson, made large Dis∣coveries, many thousand miles.

But to our business, this year 1614. Captain Smith intended for New England, with two ships, not to plant, but to take Whales and other fish, and to trade for Furrs, and so returned.

And presently from Plymouth, he went out again, with one ship, and Michael Cooper with five from London, accompained with four more from Plymouth, partly to trade and plant.

And indeed these people for Planters were suspected notorious Schismaticks, Brownists, Anabaptists, 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 Puri∣tans, which term included good and bad in their distinct kindes, truly and ingenuously 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.

And away they would go, for elbo-room to model a new Church-government, such as hereafter should happen; for God

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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 Non-conformants of Church or State, with some prejudice to this Government at home.

And therefore then, there was a restraint for the present one∣ly, untill by examination of some of their Principals remaining behinde, 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 As∣sistants, 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,* 6.18 which he timely took up, 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.* 6.19 And therefore it was designed (twelve moneths since) by the late Treasurer Salisbury, to create a degree of Knight Baronets, to precede all Knight Bachelors, be∣ing the earnest suit of themselves,* 6.20 ninety persons in all of good Birth and Estates; and each of them (except two and twenty) were then Knight Batchelors: and this to my knowledg, for I copied the List of them, before it was presented to Salisbury: and as true, that his exception thereto was, that it would discon∣tent the Gentry. To which themselves replied, that it would ra∣ther satisfie them, in advance of dignity before others, who now come behinde those meaner men, whom indeed the King was forced to dubb, for his Honour and some merits of theirs, ha∣ving no other reward or money to spare, and therein not much too blame, to oblige them that way; and Salisbury dying, it was now established; the design having martial reference to Ho∣nour and Arms, the Prerogative of every Sovereign, as in for∣mer 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 never quar∣relled by any; as in Germany, Spain, France, Italy, Venice, and must it now be a crime in this King, in the settlement of his In∣heritance here, to take leave to advance the creation of one single Order? A new erect distinct Title, with those Privileges 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 implead∣ed

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by addition Baronet, and the Title Sir, and their wives Lady, the King shll not create any degree under the dignity of Baron that shalbe superiour or equal to them, no more to be made, but the full number of two hundred, untill some of these dy, 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 leave either in a Canton in the 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 about the Kings Standard, for defence thereof.

Nor was this done but in the like example or noble way, for each Baronet to maintain thirty Footmen for three years at eight pence per diem each Souldier in service of the Kings Forces, for the establishment of the Province of Ulster in Ireland, not as yet emptied of Rebells, which came unto one thousand nine hun∣dred 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 I know he lost by the bargain, the Composition came but to ninety eight thou∣sand 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 in order of precedency in their Roll, threescore and eight of them being Knights already, and two and twenty Esquires.

  • Suff. Nicholas Bacon.
  • Lanc. Richard Mollinux.
  • Glam. Thomas Mansell.
  • Leic. George Sherley.
  • Glam. Io: Stradling.
  • Derb. Francis Leak.
  • Suss. Thomas Pelham.
  • Lanc. Richard Howton.
  • Wilt. Io: St: Iohn.
  • Linc. Nicholas Sanderson.
  • Suss. Io: Shelley.
  • Cistr. Io: Savage.
  • Essex Fr: Barington.
  • Leic. Henry Barks, Esq
  • Ebor. Will: Wentworth, Esq
  • Westm. Richard Musgrave.
  • Norf. Henry Hobard.
  • Cestr. George Booth.
  • Camb. Io: Peyton.
  • Suff. Lion: Talmage, Esq
  • Not. Iames Clifton.
  • Lanc. Thomas Gerard.
  • Staff. Walter Aston.
  • Norf. Ph: Knevet.
  • Essex Io: Wentworth.
  • Ebor. Henry Belaser.
  • Ebor. William Constable, Esq
  • War. Thomas Lee.
  • Rutl. Edward Nowell.
  • Hunt. Robert Cotton.
  • Cestr. Robert Chalmond, Esq
  • Devon. Edward Seymer, Esq
  • Lanc. Moyell Finch.
  • Oxon. Anthony Cope.
  • Linc. Thomas Mouson.
  • Linc. Thomas Vavisor.
  • Derb. Thomas Gresly, Esq
  • Gloc. Paul Tracy, Esq
  • Ebor. Henry Savile.
  • Derb. Henry Willoughby, Esq
  • North. Lewis Tresham, Esq
  • North. Thomas Brudenell, Esq
  • ...

Page 404

  • Linc. George St: Paul.
  • Linc. Philip Terwit.
  • Linc. Roger Dallison.
  • Linc. Edward Carr.
  • Linc. Edward Hussey.
  • Norf. Lestrange Mordant, Esq
  • Essex Thomas Bendish, Esq
  • Carm. Io: Wynn.
  • Gloc. William Throgmorten.
  • South. Richard Worsley.
  • Bedf. William Gostwick, Esq
  • War. Thomas Puckering, Esq
  • Camb. Nicholas Sands.
  • Ebor. Fr: Wortley.
  • Ebor. George Savile.
  • Derb. William Kneveton, Esq
  • Norf. Philip Woodhouse.
  • Oxon. William Pope.
  • Rutl. Iames Harington.
  • Staff. Richard Fleetwood, Esq
  • Oxon. Thomas Spencer, Esq
  • Lanc. Io: Tufton.
  • Camb. Samuel Peyton.
  • Norf. Ch: Morrison.
  • Kanc. Henry Baker.
  • Essex Roger Aplton, Esq
  • Kanc. William Sedley.
  • Kanc. William Twisden.
  • Kanc. Edward Hales.
  • Kanc. William Moynes.
  • Essex Thomas Mildmay, Esq
  • Essex William Maynard.
  • Buck. Henry Lea, Esq
  • Wilt. Edward Gorges.
  • Essex Harbottle Grimston.
  • War. Thomas Holt.
  • Som. Io: Porman.
  • Linc. Io: Wray.
  • Berk. William Essex.
  • Ebor. Marmaduke Wivill.
  • Wilt. Fr: Englefield.
  • Staff. Io: Pessel, Esq
  • Essex William Aloff.
  • Wor. Edward Devereux.
  • Dev. Thomas Ridgeway.
  • Cornw. Renald Mohune.
  • Essex Paul Baning.
  • 68 Knights.
  • 22 Esquires.
  • 90
  • These afterwards.
  • Doneld. Thomas Blaxton, Esq
  • Chester Rowland Egerton, Esq
  • Norf. Roger Townsend; Esq

It is well known that Queen Elizabeth left her Coffers empty,* 6.21 and her Revenue not ample; for in Treasurer Burghley's times, the profit of the Kingdom (besides Wards and Dutchy of Lanca∣ster). was one hundred eighty eight thousand, one hundred, nine∣ty and seven pounds per annum; and the Payments one hun∣dred, ten thousand six hundred and twelve pounds per annum. In which Payments these were constant per annum.

The Houshold forty thousand pounds Ordinary, and now in∣creased necessarily, almost treble.

The Privy Parse 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

Page 405

rewarded, the Marriage of his Daughter very lately, which ex∣pence in that amounted unto near an hundred thousand pounds, and her Atd-money came but to twenty thousand and five hun∣dred pounds.* 6.22 And that we may see the Charge and Expence of this Marriage in particular, I shall set it down.

 lib.
For the Palsgraves Diet at his standing house6000
For his Diet at his Instalment of the Garter4000
For Diet at his Marriage2000
For Lodgings for his Servants830
To the Wardrobe for Apparel for the Princess Eliz.* 6.236252
For furnishing her Chamber3023
Apparel and Necessaries for her to my L. Harington1829
Jewels and Apparel for her Servants3914
To divers Merchants for Silks, &c.995
The Lords Mask at her Marriage400
For the Naval Fight of Fire-works on the Thames at her Marriage4800
More Fire-works on the Thames at her Marriage2880
To Sir Edward Cecil as Treasurer for her Journey from hence to Heidelbergh, and for her Purse2000
For setling her Iointure, and charges to some of the Gentry to go thither and to take the Assurance800
For her Transport to Flushing5555
Totale53294
Paid over to the Palsgraves Agent for her Portion40000

The Total is ninety three thousand two hundred ninety and four pounds.* 6.24

These Expences put the King to consider of the best means of Recovery, so that several ways were proposed to make his Disbursments answerable to his In-comes,* 6.25 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 Sovereignties, so his in particular) stood more up∣on Reputation than profit; and therefore he (according to the magnificence of Royalty,* 6.26 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,* 6.27 now enlarged into several Courts, King, Queen, Prince, and Nursery; and these being lookt into, he was forced (contrary to the royal and largest heart of any his Progenitors) to come to Retrenchment; and truly in this, he was advised to

Page 406

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 unnecessarily depended upon the bounty of his Court, and returned them home again.

Then he proportioned to each Court their expence, particu∣larly rated for personal Diet and Dependance, Livery and Wa∣ges, 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 Cardinal Wolsey (for more honour to that Christmass King of immoderate expence) settled 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 the 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 pre∣vented; for out at the Court back-doors, 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 blue coats and badges, especially respecting the Gar∣ter 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,* 6.28 he published Orders and Articles in print, in what manner his pleasure restrained his bounty, and what na∣tures 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 binde them here with Free-hold Lands, as also with English Tithes; for what held the great Gascoign Iean de Foix firm to the Crown of England, but his Earldom of Kendall here. A neglect in Queen Elizabeth, to draw the chief Nobles 〈◊〉〈◊〉 into England by exchange, or gift of Lands to have 〈◊〉〈◊〉 them Free-holders here: she might then have spared two 〈◊〉〈◊〉 her Wars.

〈◊〉〈◊〉 indeed the Kings gifts in Land to the Scots, unthankfully 〈◊〉〈◊〉 ••••••ttingly they sold, conveying that Treasure into Scotland, 〈◊〉〈◊〉 his great Design of uniting them here, became frustrate. 〈◊〉〈◊〉 we finde, how many of them not so engaged, have turned 〈◊〉〈◊〉 ersaries to his Posterity.

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And I remember well, not a penny given then, freely to the Scots, but gave alarm to every part of Englands Discourse; Notes, Copies of all privy Seals, for money given, and so shew∣ed then in Parliaments. Yet no noise of what the English had, though ten times more.

But his free hand having stretcht his purse-strings, there was a free Benevolence* 6.29 considered of, from such good Subjects as in hearty affection to their Sovereign, were willing to contribute, and did, the Lords and others, by which he might have expe∣rience how they could 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 leisures. And this Benevolence came but to fifty two thousand nine hundred and nine pounds out of their purses. Which yet mad∣ded the ill-minded men,* 6.30 [Pillars to the Kingdomes Liberties] al∣waies plotters to the Kingdomes 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, [against Subjects Liberties] though accustomed evermore by examples of all former Sovereigns.

But to tell our Historian how antient the custome of Benevo∣lence hath been, ever since the Statute of 20 Henry 8. that u∣nited 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 under∣stand 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 may deserve thanks, else it will not.

Thus it was then,* 6.31 but now it is held to be [Against Law, Reason, and Religion] and Injustice and Impiety to be accep∣ted.

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

There was much ado in Council to advance the Crown by se∣veral waies of Improvement. By grants in Parliament, wherein the King made some Tryal; so be it examined from former ex∣amples, 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

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his Predecessors, or himself, upon undeserving persons; which have been usually done by former Presidents of Princes, Ubi ne∣cessitas Regis cogit. But this his Noble heart disdained. In∣deed it was wicked Counsel to work upon his Necessity, there∣by to make him odious to his meritorious Servants and good Friends.

Did he ever do, as others, Henry 3. to his Subjects, of whom one saies, Quicquid habuerunt in Esculentis, et poculentis; Rusticorum, erim, Equos, Bigas, vina, victualia ad libitum ce∣pit.

He made tryal of Voluntary Lones, or Benevolence by Privy Scal, 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 the Star-Chamber* 6.32 to the accompt, the Mulct and Fines of great Offen∣ders, and perhaps adjudged by that Court to some value as the Crime deserved, which might be suspected in favour for Sup∣port of the Kings occasions. Yet you will find, when such hap∣pened, it was in the excess of unparallel'd crimes, not in other Courts of Iustice lyable to examination or punishment; which as it was in Terrorem populi, so now in these our later daies be∣ing suppressed in favour and liberty of the Nation, the wick∣edness of sinfull man takes freedome to offend in such horrid waies, that nought but some such extraordinary course of Ju∣stice can possibly reform.

Pawning of Iewels and Plate had been frequent by all for∣mer Princes,* 6.33 and that not in ordinary waies, Aurum & Iocalia faenetri sancti Edwardi Confessoris. Vasa aura, & diversa Io∣calia.

Nay, Magnam Coronam Angliae. Yes, and Queen Eliza∣beth did it, and no more need, than He; but he did not.

To assign Customes,* 6.34 and pawn the next Subsidies to be gran∣ted, hath been a device to draw on supplies the sooner. Which he refused.

The Privy Seal* 6.35 indeed he made use of, but very moderately in comparison of former Presidents, if you examine the Re∣cords and Rolls of willing Subjects bountiful assistance.

Compulsory Waies have been Presidents to necessitated Prin∣ces, exacted from Merchants-Strangers, or to be committed to Prison, and the English Subject, little better favoured.

What will you say of Henry 8.* 6.36 ten per centum of all Goods, Iewells, Utensils, and Land, extremely rated, per Sacramentum Suorum? In that rank may be remembred a Custome, called Liberalitas populi & Curialitas ex voluntate, nec de jure potest. But in the gathering by Commissioners, such threats were used, as was little better than the violent; and was customarily redu∣ced

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down to Queen Mary; indeed Queen Elizabeth had a little better cunning way to cozen them the more returning their bounty back again, until they doubled the summ.

There is a Statute,* 6.37 To compell 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 Puri∣tans, that troubled the State, of his errand into Ireland, and yet paid them good salary for their pains, which had been usuall heretofore in the like case, at their own cost.

Trading themselves; I could shew Presidents for this also,* 6.38 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 Tyn, Corn; nay, bind all men to trade their staple to one certain place, and yet themselves to places of more advantage. And this was the glo∣ry of Queen Elizabeth stoop'd unto, and took occasion to trade in, when the gain was advantage, though but in Strong∣Beer.

Licensing Others also.* 6.39 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 Cloths to the Earl of Cumberland, and some others, and that upon good reason of State too.

Raising rates of Merchandize.* 6.40 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 com∣modities 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.

Causa honesta sit, ut necessaria ratio facili tempus idoneum.

Letting Customes to farm.* 6.41 He did so; some murmured, griev∣ing the Subject to pay Custome 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 140001. per annum to 420001. made him discount what he had got. This King did not do so; yet he did better, borrowed money, and never paid it them. Besides they were alwaies at hand to be squeazed, and what his Successor failed in that way

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(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 Iames 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 pro∣clamed, Quod omnes Chartae irritae forent, nisi posteriori sigillo ro∣borentur. Nay, Qui suis volebant gaudere, innovarent chartas suas de novo; and this was done by Commissioners, or by quo war∣ranto against all.

And for penal Laws, though I know, that many Projectors advised, yet former examples of this kind have evermore been fatall to those of the Quorum. But this King declined it, at all.

Selling Offices had been done formerly,* 6.42 not a King scaped it; to sell great Offices of the Crown and State, for years, for life, under the Kings hands and seals. They lodge in the Re∣cord thus, Chancelour, Chief Iustice, all Keepers of Records, Clerks of Assize and Peace, Masters of Game and Parks, and what else of profit or repute.

In France it is common, not one scapes, and in Spain as u∣sual, and defended as lawful; and there are some, that have prescribed them amongst the best Rules of reigning Sovereign∣ty, both Ecclesiastical and Temporal. It may be, that Favorites 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;* 6.43 It was the antient Power, and that legal, to call landed men to Knight-hood or fine; which he did, by fa∣vour and grace which he gave, truly I believe he was no nig∣gard in them too. But indeed, there being no Chivalry, or Deeds of Arms in this time of peace to make men merit ho∣nours, 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 off-hand Lords as were made Earls* 6.44 together, that paid eight thousand pound a piece, and the pride of their hearts never bogled at the purity of the Project, but swallow∣ed down the Corruption, without check of Conscience; and yet this I can tell, Some of them, set their Sons to beg again, part of it, for their private expence.

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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 Buckingham for the later;* 6.45 when in truth Pride and Ambition made the pro∣ject their own. And in Gods name let such pay the price there∣of. And I know, as honest and discret as our later times can boast of, molded other such designs for degrees of honor, to be hereditary in tail, as Under-degrees to those already in use, which yet the King for that present declined.

Coyn and Bullion.* 6.46 All men know, that Coin and Bullion in a∣ny State admit great wisdome in the mannagement, and as ma∣ny overtures were now offered, as could stand with Justice or Customary Presidents. It was much urged to abate money, which was never used by any, but as a last shift, full of dishonor, as in Bankrupts, and a certain inconvenience to all Revenues of rents, and so to the King in that particular, as the greatest land-Lord, and so his disadvantage; which he declined. Moneys being esteemed quantum in Massa, not altogether per sculptam; and so hold esteem by their true value. Queen Elizabeth held it up from abasement, which her great potent Enemy Spain could not do.

Then was advised Cambium Regis,* 6.47 an office antient, untill of late the Goldsmiths have ingrossed it. Some thoughts there were to make the Exitus exceed the introitus in Traffick, that the unnecessary, nay useless commodities brought in (in old time accompted Wines, Spices, Silks, and fine Linnen) the Ma∣nufactures of out-lands, and sold to us to a great value, even in Babies and Rattles, being the sad occasion then, the great want of Bullion, not sufficient in Specie to pay the Lender in princi∣pal. At last it was concluded to get advantage in the Coinage, either simple Metal or Mixt,* 6.48 by which we see, that all Monarchs have, are, argento, & auro, and so was coined only Farthings, least other stamp of more value should clog the Kingdom, and a proportion was (together) coined, and do what this State could,* 6.49 was in few years counterfeited by our neighbour Hollan∣ders, and many Firkins filled by them, that the Farthing Of∣fice, was not able to rechange, upon the rebate for silver, which yet the King continued till these late times called in. Examine the inconvenience of Leaden and Copper Tokens, as great a be∣nefit now to Retaylors, then formerly to the State; but with much more inconvenience to the Nation, being only utterable and current to each Retaylor, of his own Mint and Mark.

He was forced to adventure upon the use of Parliaments,* 6.50 and to being with money, but not to build long upon their discusses, whereby came that saying in common, as of no other Design, Subsidies granted, Parliament ended, and therein the disadvan∣tages

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he found; might well distinguish him, and their less fre∣quent calling from his Predecessor, and her often invitation, and indeed discourage any Prince, that should next succeed her.

The Disposition and Spirit of the times considered were not alike with him. Her people ingenuous, and un-inquisitive, wrapped in innocence and humble obedience. But in his time, their passions and disaffections had gotten loose Reins, the snaffle in their teeth, contesting and capitulating; 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 con∣cerning 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 inquiry extended to the privacy of the King himself.

Nusquam Libert as gratior extat, quam sub Rege pio.

Afflicting themselves to search for mischiefs, and being found to scandallize the State with them.

How these were nourished and afterwards fomented, the re∣volution 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 vilifie the present, for indeed her fame carried it current in a long continuance, to have lived and dyed Royally and Victo∣riously, without the disquiet of the peoples affections; and being but a Sojourner in the World in respect of her Mai∣den-hood, might be, and was a blessing to her own times: the impression of her good Goverment, besides her happy memo∣ry is not without some effect, which doth survive her; But this K blessed already with Royal issue, and whose fruitful Bed promi∣sed increase, It was more proper and agreeable with him to be studious, not onely in the Transitory part of good Govern∣ment, but in those Acts, which are in their nature permanent and perpetual to his posterity, rather to increase, than diminish the Advantages of Soveraignty, which he aimed at, and for his part and time did perform, but tis a tender subject to discuss. I have done.

Yet I may add a truth. That all the force and power of his Progenitours, and all their merits and policies to boot (for more then an age before her) could never borrow so much credit up∣on their Privy Seals, as she did during her time, and left them

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all for this King to discharge, great and vast sums. Which shews; that Necessities put her upon that piece of State, when neither her Exchequer could afford relief, nor the urgency of her affairs indure the delaies of Parliaments assistance. For in truth, she had strained likewise from her people in that way of Subsidies, more then ever any Prince (I will not say many) that were before her.

She had the way to do it, by complaisance of a Princess; and he a King, not affecting that Course, failed of such ef∣fects.

For he was by nature more reserved than popular, and had his virtues fitter for estimation then Love, and did like a King; his soul being planted higher, overshot such matter, as lay level to anothers eye.

And so (as I have said) some of these ways, to get mony, was set a foot, 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 Cloths,* 6.51 white, undress'd and undy'd, and the Dutch had gotten the Art by the end, fitted and stretcht them by their Knavery, and so returned them to us at high rates; of this the Cloth-worker of London complains, which was soon remedied by Proclamation, 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 Cote Arms, the Thistle, is the Scots Embleme. And over went our Cloaths accordingly, dyed and drest, which the Hollanders forbid to be bought by them; and therefore dealt with our Fell-mongers, and got over Our Woolls, and the Mystery of ma∣king Cloth.

Hereupon we proclame and forbid the transport of our wools. The Quarrel between those two Corporations, and their respe∣ctive gain is by the Merchant Adventurers complained of, and for mittigation of their Mischief, several warrants for some thousands of Cloths were sparingly licensed by wisdome of State, to be sent over, and so evenly moderating the mystery of Merchants that cozen each other; and at their great Feast like∣wise the Prince was made free.

The King of Denmark makes a second visit to his Sister the Queen for fourteen daies,* 6.52 upon no business of State, onely his affections to her, and jollity to himself, with a Train of no more than half a hundred persons of honour, and Noblesse, 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.

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The Earl of Suffolk succeeding Salisbury in the Treasurer∣ship yielded his Office of Lord 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 Ambassadour Lieger of a long time.

The Summers Progress returns the King to London, where had been some muttering of Overbury's death* 6.53 in the Tower, dis∣covered beyond the Seas by the Apothecary's Boy that impoy∣soned the Glyster, 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 knowledg, and so to the King, and by degrees to particular Examinations, Confes∣sions and Executions of all these, Weston an Apothecary, Mistris Turner a Doctor of Physick's widow, Sir Iervis Yelvis Lieute∣nant of the Tower, and Franklin, all accessaries.

But Weston being the principal actor, it was therefore his turn first to come to the Bar, at the Hinstons Court in Guild-hall, where beyond Judg Cook's expectation the man stood mute, notwithstanding all allurements and threats that could be used, and so was returned to Prison; Cook informs the King, that un∣less 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, condemn∣ed and hanged: Cook not content with that, gets knowledg un∣der-hand that Serjeant Yelverton an obliged Servant to the House of Howards, had advised this Counsel for Weston, not to betray any parties. And this Tale was told by Sir Robert Cook from his fathers confession.

After all comes Somerset* 6.54 and his Countess, and both condemn∣ed: some that were then at their Trial, and not partial, conceived in conscience, he might have been spared that Sentence, and as himself says to the King, That he fell rather for want of well de∣fending, than by force of proofs; for I so far (says he) for sook my self and my cause, as that I might be more 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 Elsmore, Chancellour 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 Privilege upon Treason or Felo∣ny,* 6.55 indicted, to be tried by his Peers: the King by Letters Patents assigns some sage Lord of the Parliament to be High Steward of England, for that Day of his Arreignment, who before that time makes Precept to his Serjeant at Arms, to

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warn to appear before him a certain number of Lords of the Par∣liament, twelve at the least upon that Day at Westminster. At which time the High Steward shall sit under the Cloath of State, and causeth his Commission to be read, the same Serjeant 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 Pri∣soner, and perswades him to answer without fear freely, and com∣mands the Clerk of the Crown to reade the Indictment unto him, and to ask him if he be guilty or not? to which he usually an∣swers, 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, whilest the Lords do secretly confer in the Court together, and then the Lords rise out of their places, and consult among them∣selves, 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 arreigned be guilty or not? and so the next in order, and the rest, each one, answer∣ing, I 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 Iudgment accordingly, Stanford Pleas del Coronae, lib. 3. Poult. 188.

The antiquity of this kinde of Trial by their opinion is grounded from Magna Charta, but others take it to be more an∣cient, though there inserted Henry 3. but was brought in by the Conquerour, being answerable to the Norman and French Laws, and agreeable with the Customes Feudal, where almost all con∣troversies arising between the Sovereign and his Vassals, are tried per judicium parvum suorum.

And if a Peer upon his Arreignment of Treason do stand mute, Iudgment shall be given upon his Indictment, and yet shall not be pressed to death, but saves the forfeiture of his Lands, Statut. 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 is 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 Mur∣ther, or other Felony, be sued by any common person against a Peer; he shall be tried by common persons, and not by Peers, Stan. Pleas, lib. 3. Brook Trial, 142. But yet this Privilege hath some restraint.

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For an Arch-bishop or Bishop,* 6.56 though Lords of Parliament, in such cases shall be tried by a Iury of Knights, and other substan∣tial persons, upon their Oaths, because Ecclesiasticks cannot pass in like cases upon Trial of other Peers; for they are forbidden by the Common and Ecclesiastick Laws, to be Iudges of Life and Death.

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 thus premised, we come to the case of Somerset and his Countess.

First,* 6.57 therefore Sir Thomas Overbury for a time was known to have great interest and strait friendship with the Earl of Somer∣set, both in his meaner fortunes, and after; in so much, that he was in a kinde of oracle of direction unto him, and if you will believe his own vaunt, (being indeed of an insolent and Thraso∣nical disposition) he took upon him, that the fortunes, reputati∣on and understanding of this Gentleman (who is well known to have an able Teacher) proceeded from his company and counsel: and this friendship rested not onely in conversation and business at Court, but likewise in communication of business 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 Kings Packets and Dispatches from all parts of Spain, France, and the Low-countreys; and this not by glympses, or now and then rounding in the ear for a favour, but in a settled manner: Packets were sent, sometimes opened by my Lord, sometimes unbrokened, unto Overbury, who per∣used 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 Council-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 Iur∣gons 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 practice and work a∣gainst, or (at least) upon Princes.

But as it is a Principle in Nature, that the best things are in their corruption the worst, and the sweetest Wine makes the sowrest Vineger, 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 Fraud ends foul; and I may add a third, and that is the frienship of ill men, which is truly said to be conspiracy, and not friendship; for it happened, that the Earl of Somerset fell into an unlawfull love, towards that un∣fortunate

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Lady the Countess of Essex, and to proceed to a Mar∣riage with her; this Marriage and purpose did Overbury main∣ly impugn, 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 virtue, but was wholly possest with ambition and vain-glory) was loath to have any partners in the favour of my Lord of Somerset▪ and especially not any of the House of Howards, against whom he had professed hatred and opposi∣tion.

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 cases 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 naught and corrupt: in his commendation the Ballads must be mended for that point, which paint him out other, and partiality must be blamed, which now a days favour him, in malice to the memory of the mini∣sters of these Times.

But to proceed, when Overbury saw that he was like to be dis∣possessed 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 impudent spirit, he be∣gan, not onely to disswade, but to deter him, from the love of that Lady; and finding him fixed, thought to finde a strong Remedy; and supposing that he had my Lord's head under his Girdle, in respect of communication of secrets of State, (as he calls them himself) secrets of Nature, and therefore dealt vio∣lently with him to make him desist, with menaces of discovery, and the like: hereupon grew two streams of hatred upon Over∣bury; 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 Overbury's nature; and if he did break from him and fly out, he would winde into him, and trouble his whole fortunes; so as certainly it was resolved that Overbury must dy.

That was too weak, and they were so far from giving way to it, as they crossed it; there rested but two ways of quarrel, As∣sault and Poyson.

For that of Assault, after some proposition and attempt they passed from it, as a thing too open and subject to more variety of shame.

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That of Poyson likewise was an hazardous thing, and subject to many preventions and caution, 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 sent over Seas, or into a Trap, and lay him up, and then they could not miss the mark; and therefore in execution of this Plot, it was con∣cluded, that his pride should be designed to some honour∣able imployment in forein parts, and should under-hand 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 if there were not a fit Lieutenant of 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 and observation, that might discover them.

And thirdly, Overbury in the mean time might write clamo∣rous and furious Letters to his Friends, and so all might be dis∣appointed.

And therefore the next Link of the Chain was, to displace the then Lieutenant Wade, and to place Yelvis, a principal abet∣ter in the impoysonment; to displace Carew, that was under-keeper in Wade's 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 his Tra∣gedy.

Then must Franklin the Purveyor of the Poyson, in May 1613. procure five, six, seven several Poysons, to be sure to hit his com∣plexion; then must Mistris Turner the lay-mistris of the Poysons, advise, what works at present, and what at distance. Then must Weston be the Tormentor, and chace him with Poyson, after Poy∣son, Poyson in salt meats, Poyson in sweet meats, Poyson in Medi∣cines and Vomits, untill at last his body was almost come by use of Poysons to the state of Mithridates body, by the use of Treacle and preservatives, that the force of the Poysons was blunted upon him; Weston confessing, That when he was child for not dispatching, that he had given him enough to poyson twenty men.

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And because all this asked time, impoysoning from March 9. to September 14. courses were taken by Somerset both to divert all the true means of Overbury's 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 kinde of persons, which keep in a Tale of fortune-telling, when they have a fellonious intent to pick their Pockets and Purses. Untill at last, they hastened his destruction by an impoysoned Glyster, which wrought into his intrails, and soon dispatch him. And this is the Narration of this Art, which I have summarily recited.

Then comes his Countess* 6.58 to her Trial, guilty of too much contrivance and practice, though in Murder it be crime enough; yet she confessed, that which could not be proved; and at her Trial, she seemed drown'd in a deluge of grief, being therein beholden to Nature, that she could vent her self in tears; see∣ing that sorrow which cannot bleed in the eys does often festor in the heart, and so it appeared in her excess; women can hardly do any thing without over-doing; feminine passions must ei∣ther not be full, or overflow: 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 Elo∣quence their Trade. But her sorrowfull 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,* 6.59 to move his Majesty for mercy, and for the present pro∣cured their Reprieve, back to the Tower; but indeed, she was dead whilest living, being almost drown'd in despair, to work out her Repenance, for which cause principally her life and his were enlarged, as conceiving it the worst of Iustice 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 Ianuary 1621. and confi∣ned to the Country,* 6.60 and at last their Pardons were procured, which in ••••uth, notwithstanding her great Family and deserving Friends, was to my knowledg got but by inches, four moneths 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 Iames,* 6.61 pick out a greater President in any History more re∣markable 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 his Tribunal in his behalf; and his Posterity in due time by our

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Saviours merit shall be gathered together in the mystery of man's Redemption.

And for the other Historian,* 6.62 let his memory be blamed for re∣counting so many untruths, and yet hypocritically 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 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.

May it please your Majesty,

BY this Gentleman your Majesties Lieutenant, I understand of some halt you made,* 7.1 and the cause of it, at such time as he offered to your Majesty my Letters; but soon after, your Majesty could re∣solve your self, and behold me nothing so diffident of you, but in hum∣ble language petitioning your favour;* 7.2 for I am in hope, that my condition is not capable of so much more misery, as I need make my passage to you, by such way of intercession.

This which follows after, I offer your Majesty, though not as to your self, for upon less motive you can finde favour for me.

Now I need onely move, not plead, before your Majesty, as my case doth stand; for what I seek to have done, follows, upon what you have already done, as a consequence and succeeding growth of your own act.

But to the effect, that your Majesty may see, that there is enough to answer those, (if any such there be) as do go about to pervert the exercise of your Power, and to turn it from its own clear excellency, for to minister unto their passions. I have presumed to this end to awake your Majesties own conceit, upon this subject, which can gather to it self better and more able defences in my behalf upon this view; for though the Acts of your Mercy, which are not communicable, nor the causes of them with others, as derived from those sec•••• motives, which are onely sensible and privy to your own heart, and admit of no search or discovery, to any general satisfaction; and that under this protection, I might guard my particular sufficiently; yet, my case needs not hide it self, but attend the dispute with any, that would put upon it a monstrous and heavy shape; though that I must acknowledg, that both Life and Estate are forfeited to you, by Law, yet so forfeited, that the same Law gives you the same power to preserve as it doth to punish; whereby your Majesties higher Prerogative doth not wrestle with it, nor do you infringe those grounds, by which you have ever

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governed; so as the resistance is not great, that your Majesty hath for to give Life, and which is less in the gift of Estate; for that, the Law casts wholly upon your self, and yields it as fit matter, for exer∣cise of your goodness. Once it was your Majesties gift to me, so it may be better not taken, than a second time given; for it is common to all men, for to avoid to take that, which hath been once their own. And I may say farther, that Law hath not been so severe, upon the ruine of innocent posterity, nor yet cancelled, nor cut off the merits of An∣cestors, before the politick hand of State had contrived it into these several forms, as fitted to their ends and government.

To this I may add, that that whereupon I was judged, even the crime it self, might have been none, if your Majesties hand had not once touched upon it, by which, all access unto your favour was quite taken from me. Yet as it did at length appear, I fell rather for want of well defending, than by the violence or force of any proofs; for I so far for sook my self and my cause, as that it may be a question, whe∣ther I was more condemned for that, or for the matter it self, which was the subject of that days controversie.

Then thus far, nothing hath appeared wherein your Majesty hath extended for me your power, beyond the reasonable bound, neither doth any thing stand so in the way of your future proceedings, but ra∣ther make easie your Majesties favour for my relief.

What may then be the cause that malice can pitch upon, wherefore your Majesty should not proceed to accomplish your own work? Asper∣sions are taken away by your Majesties letting me loose, to the utmost power of Law, with the lives of so many offenders, which yieldeth the world subjects of sorrow, rather than appetite to more bloud; but truth and innocency protect themselves in poor men, much more in Kings. Neither ever was there such aspersion, (God knows) in any possibility, towards your Majesty; but among those, who would create those pretences, to mislead your Majesty, and thereby make me mise∣rable. If not this (whereof the virtue and use was in the former time and now determined) there is not any but your pleasure.

It is true, I am forfeited to your Majesty, but not against you, by any treasonable or unfaithfull act; besides, there is to be yielded a di∣stinction of men, as in faults; in which I am of both, under the nearest degrees of exception.

Yet your Majesty hath pardoned Life and Estate to Traitors, and to strangers sometimes the one, sometimes the other; nay, to some con∣cerned in this business, wherein I suffer; you have pardoned more unto them than I desire; who (as it is reputed) if they had come to the test, had proved Copper, and should have drunk of the bitter cup as well as others.

But I do not by this, envy your favours to any persons, nor seek I to draw them into the yoak with my self, but applaud your Majesties goodness, being in that respect, in a nearer possibility to come at me.

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Besides this, to Elvish your Majesty hath given Estate, which is a greater gift than Life, because it extends to posterity, who was the worst deserver in this business, an unoffended instrument, might have prevented,* 7.3 all after-mischief, who for his own ends suffered it, and by the like arts afterwards, betraid it.

To this I may add, Tresham* 7.4 in the Powder Treason, upon whose Successors I do not cast any of his infamy, yet he preserved himself to posterity; so as what he or others suc as he, have defrauded by the arts of Law, and whom their own unfaithfulness made safe, I have much ado to hold by ingenuity and confidence. How may it be, because I distrusted not your Majesty, or because it returned in your power from whom I had it? is it in danger to be broken or dismembred? Let me hope that there is nothing which by favour may be excused, or by industry might have been avoided, that will fail me, where your Maje∣sty is to determine. It is not I that thus put your Majesty in minde opor∣tunely; it is he that was your creature, it is Somerset with all your honours, and envious greatness, that is now in question. Kings them∣selves are protected from the breach of Law, by being favourites and Gods Anointed; which gives your Majesty like privilege over yours as I took from Doctor Dun in his Sermon, that the goodness of God is not so much acknowledged by us in being our Creator, as in being our Redeemer, nor in that he hath chosen us, as that nothing can take us out of his hand: which in your Majesties re∣membrance let me challenge and hope for; for the first accesses of fa∣vour, they may be ascribed unto ones own pleasing themselves; but that appears to be for our sakes, and for our good, when the same for∣sakes not our civil desires.

This Redemption I crave, not as to my own person, but with your benesits once given; nor do I assume them very deep, for I have vo∣luntarily departed from the hopes of my Pension, Place, Office; I onely cleave to that, which is so little as that it will suffer no paring or diminution.

And as in my former Letters, so by this, I humbly crave of your Majesty, not to let the practices of Court, work upon your Son the Prince; not fearing the sufferance of my loss in that particular, so much (for I cannot lose it, but willingly all with it) as for to take off the stage, that which in the attempt may prove inconvenient.

And consider, I pray your Majesty, that my hope in desiring to pass these bad times, was to be restored to my fortunes; others are made unhappy by me, if otherwise; and then I lose my end: I speak of im∣pairing, of changing, or supplying, as of any other way, all such al∣terations and ruine are alike, without I be worthy of your gift, and that I can be worthy of all, that Law can permit you to give, or cast upon your Majesty by a more nearer Title, as it doth by this; I shall account them equal evils, that leave nothing, or a patched and proportioned one, changed, or translated from one thing to another.

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But if your Majesty have any respects to move you, to suspend your good towards me, let that which is mine rest in your own hands, till that you finde all opposite humours conformed to your purpose.

I have done wrong to my self, thus to entertain such a doubt of your Majesty; but the unrelenting of adversaries, which when you will have them, will sooner alter, and that all this while, I have re∣ceived nothing of present notice for direction, or to comfort me from your Majesty, hath made me to expostulate with my self thus hardly; for God is my. Iudg, Sir, I can never be worthy to be, if I have these marks put upon me of a Traitor, as that tumbling and disordering of that estate, would declare the divorce from your presence, laies too much upon me; and this would upon both.

I will say no further, neither in that, which your Majesty doubted my aptness to fall into; for my cause nor my confidence is not in that distress, as for to use that mean of intercession, nor of any thing be∣sides, but to remember your Majesty, that I am the workmanship of your hands, and bear your stamp deeply imprinted in all the chara∣cters of favour; that I was the first Plant ingrafted by your Maje∣sties hand in this place; therefore not to be unrootod by the same hand, lest it should taint all the same kinde, with the touch of that fatal∣ness: and that I was even the Son of a Father, whose Services are registred in the first Honours and impressions I took of your Maje∣sties favour, and laid there as a Foundation-stone of that building.

These, and your Majesties goodness, for to receive them, is that I rely upon; praying for your Majesties prosperity. I am in all humble∣ness,

Your Majesties loyal Servant and Creature, R. Somerset.

I should not trouble you with the Marriage of the Lady Ara∣bella Stuart and Sir William St:* 7.5 Maure or Seymer, both of kin to the Crown, she by the Earl of Lenox in Scotland, (as I have be∣fore said 1577.) and he Grandchilde 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, Uncle to the Kings Highness of England, Governour of the Kings Person, Protector of all his Realms, Dominions and Subjects, Lieutenant General of his Majesties Armies both by Sea and Land, Lord high Treasurer, and Earl Marshal of England, Gover∣nour of the Isles of Gernsey and Jersey, and Knight of the most honourable Order of the Garter, and bears Gules, two Wings con∣joyned in Fess Or.] Yet all these Honours rather helped him for∣wards to hop headless for Felony.

His third Son Edward was restored to the Earldom I Eliz.

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and this William his Heir. And thus near the Crown, in all Sove∣reignties are needfull to be narrowly lookt 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 more mention, but that our 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 sto∣ry of Overbury impoysoned in the Tower,* 7.6 by which he now en∣forces 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 Common Pleas to dispute the Kings power in Commendams.* 7.7 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 Serjeant 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 necessi∣tate.

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 argument tending to overthrow the Kings Prerogative in cases of Commendams.

This case was to be farther argued in the Kings absence by all the Judges, which he thought to protract, untill they consulted with him;* 7.8 and so commanded his Attourney 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 Let∣ters to be contrary to 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 Parlia∣ment, 25 Edward 3. and of 25 Henry 8. and now between Sub∣jects 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 Iustice. And so they did the last Term, 27. April, 1616. The Judges subsign, Cook, Hobert, Tansield, Warburton, Sng, Altham, Bromley, Crook, Winch, Dodderidg, Ni∣cols and Houghton.

The King returns them answer by Letter, Reporting himself to their own knowledg, his princely care for justice to be duly admini∣stred to his Subjects with all expedition, and how far he was from crossing or delaying the interests of private persons. But on the other side, where the case concerned the high Powers and Prerogatives of

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his Crown, he would not indure to have them wounded through the sides of a private person; admonishing them of an ordinary custome lately entertained, boldly to dispute the high points of his preroga∣tive in a popular and unlawful way of Argument, not heretofore u∣sual. Making them senceable, how weak and impertinent the pre∣tence of their Oath was in a case of this nature; as if the Founders of their Oath, His Predcessors, were so intent in their zeal to be un∣charitable to make a weapon to wound their Successors, being an or∣dinary course to put off Hearings and Determinings, amongst pri∣vate persons Termly. And commands them peremptorily not to pro∣ceed further in that Plea, till his return to London; there to re∣ceive his further pleasure by himself; Your Oath being only for avoiding importunites to the Prince of Suiters in their own particular.

The King come to London,* 7.9 convenes them all to the Coun∣cil Table; and himself takes in sunder the parts of the Iudges Letter, and their Errours in proceeding; both in matter and manner. In matter, by way of omission, as commission.

When the Counseller shall presume to argue his Supremacy at the Bar, and they not reprove his Insolency. Himself observing since his comming to this Grown, the popular Sort of Lawyers most af∣frontingly in all Parliaments have troden upon his Preogative; though neither Law nor Lawyer can be respected, if the King be not reverenced; And therefore it became the Iudges to bridle their im∣pudencies in their several Benches; especially the Courts of Com∣mon-Law, who had incroached upon all other Courts, High Com∣mission, Councils in Wales, and at York, and Courts of Re∣quests.

For the Commission in Matter, whereas their Letter excepted a∣gainst 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 Instice, but rather wisdom and maturity. Nothing more proper than to cousult with the King where it concerns the Crown.

As for the Manner; The Kings absence before the Argument, and yet his resolved return speedily; and the case, though lately argued could not receive Iudgement till Easter. Term after, as the Iudges confessed.

And for them to say, that the case was private interest of party and party; One of the Parties is a Bishop, that pleads for the Commendam onely by vertue of his Majesties Prerogative. And that they could not prove any Solicitation of either Parties for ex∣pedition.

And for the form of the Letter, it was undecent; besides to proceed, and to return a bare Certificate, without giving reasons therefore

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Upon this all the Iudges fell down on their knees, acknowledging their Errour, and craving Pardon.

But for the Matter, the Chief Iustice Cook entered into a De∣fence, That the stay by his Majesty, was a delay of Iustice, and there∣fore against Law and their Oath, that as they meant to handle the Pleading, it should not concern the King's Prerogative.

To which the King told him, That for them to discern the con∣cernment of his Prerogative without consult with him, was preposte∣rous. And for those of Law and Oath, he had said sufficient before. Therefore he required the Lord Chancellour's opinion herein, whe∣ther against Law and their Oath?

The Chancellour excused himself as to that of Law, referring it to the opinion of the King's Council; whereupon the Attur∣ney General Bacon said,

That to put off the Day was no Delay of Justice, nor endan∣gered their Oath; for the King's Reasons were onely, that it concerned his Prerogative, and required therefore a stay for a small time; and advised the Judges, whether this refusal of their did not rather endanger 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 King's Council should plead against the Iudges; being their duties to plead before them, not against them.

Whereunto the Attourney replied, That the King's Council were by Oath and Office, not onely to plead, proceed, and declare against the greatest Subject, but also against any body of Subjects or persons, nay, were they Iudges or Courts, or House of Com∣mons in Parliament; and concluded, That the Iudges 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 Ma∣jesty. The King replied, Nor with my Council. So then whether you do well or ill, it may not be disputed.

The Chancellour 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 him∣self concerned in power or profit, and requiring to consult with them they ought not to stay proceedings?

All the Judges submitted thereto, onely the Chief Justice ex∣cepted, 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 King's command.

But the Day drawing nigh, the next Saturday, for arguing

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the Commendams, the King desired the Judges to express, Whe∣ther 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 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 publiquely scanned and censured in fa∣vour of the Judges, and on the contrary for the King, but the truth I have really extracted out of the Records of the Coun∣cil Table; That you may thereby see the true scope of those times.

The State of Spain* 7.10 having little to do in Martial affairs; K. Philip the third, now in peace, thought to spend some time in Treatis, wherin he seldom failed of advantage. The late French King Henry the fourth, had 3. daughters; the one maried to the Duke of Savoy; which the Spaniard misliking to have those Neighbours lately so great Enemies, now to be linkt in love without his Interest, conceived it good policy to indeer the young King Lewis of France in a cross Match, to his Daugh∣ter Infanta Anna, and to marry his son Philip to the Princess E∣lizabeth; the second daughter of Henry the fourth.

And thus those cross Nuptials might seem to cement the af∣fections of the three States, lately so imbroyled 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 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 Auxilliaries, being muzled in warm quarters, at Carboniers, Montemellion, Savillau, and Pignorell (the best pla∣ces 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, Viceroy of Millain,

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and so staid, until that valiant Duke, in this danger very despe∣rate, cut all their throats.

Spain, in policy to revenge, pieces with France to disjoyn Savoy; upon whom he had afterward many Treacherous De∣signs, as that Plot upon his Castle of Nice (the Key of his Counties) when his Spanish Gallies lay at Villa Franca to have seized all Savoys Issue.

And as it was usual with Princes in Peace and Amitie, to con∣gratulate Nuptialls;* 7.11 The Lord Hay 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 mysticall things are Courts; this makes many men misjudge, That the Kings friendships made every one a Favourite; and by often changing their Persons, was therefore held inconstant in his passions.

This Lord,* 7.12 born a Gentleman in Scotland by his bearing of Cote-Arms, Argent three Escocheons Gules; Supported two coun∣trie Swains, armed Plough Trails, The crest, a Dove volant pro∣per. His story was; that his Ancestors at Plough with those Instruments their Geer, slew Malton an High-land Rebel, and dis∣comfited his Train; for which service, had so much Land, (barren Rocks) as a Pigeon, cast off the fist, flew over, till she rested. And all this great purchase could not keep him from seeking livelyhood in France; where he was bred no other than a Gens d' Arms unto Henrie 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 Scot∣land, who continued so here; and presented Haies upon for∣mer knowledge in France. This, and his other good parts (be∣ing well accomplished) hastened him higher in esteem, than o∣thers of his Countrey, whose neerer attendance had merited more.

But, to boot, he sought out a good Heir (Gup my Ladie Dorothy) sole Daughter to the Lord Dennie, and to fit him for∣ward, after Knighthood he had honour; and was made a Lord, for reasonable riches his wife brought with her.

In grateful acknowledge of his first preferment, he feasted the former Embassadour (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,

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when the union of these Crowns, should afford the means to set them forth. And it wat prudential in the King to pick out one of his Own, to splendour that Nation in our way of Peace and Courtship;* 7.13 especially, when all was done at the Masters cost. For Haies was ever reasonable poor, unless by re∣pute of his first Match, which was not much while her Father lived; and by his last, he had less; the great spirit of Peircie Earl of Northumberland, though a Prisoner then in the Tow∣er, disdaining the Mariage, denied her a Groat to a beggerlie Scot, as he called him.

This first Embassie was for no other end, than to congratu∣late; for certainly he had no Commission nor Credential to make scrutiny for matching our Prince with the other Sister, she be∣ing then too young, and overtures were then thought on with Spain, and so it was advertised from Sir Dudley Charlton, Am∣bassadour at the Hague, that there was a fame spread of such as desire to weaken the Kings correspondence with that State, That his Majestie was on neer terms of matching our Prince with Spain,* 7.14 and by an Adviso out of Spain, That this match had been there debated in the Inquisition, and judged necessarie.

And in truth the Lord Ross* 7.15 was sent Ambassadour thither (partly for that purpose) at this 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, (for I waited on him neerer in his affairs, than any of his Train) and both these Ambassadours sent away at the same time. It was remarkable how each of them strove for the prize to out-vy in the vanity of these Voyages; the Baron to his ut∣ter undoing, having no other helps but his own, when the o∣ther had it from the Kings purse, and in truth, for this pur∣pose to put down the English, as in that great Feast at Essex-House, and many his Masqueradoes afterwards at Court, for he medled not with the Tilt, as being no Swordman; but in the other and such like, he never scaped to act his part.

Amongst many others that accompanyed Haies Expedition, was Sir Henrie Rich,* 7.16 Knight of the Bath, and Baron of Kensing∣ton, afterwards Earl of Holland, natural son to the then Earl of Warwick; He took his initiation of expence, from this jour∣ney, and continued the practice afterwards to the weakning of his (long time) unsettled fortunes, being forced through custom of the Court to follow the other in all his fashions; and which infection, by after-custome, became his disease also, and al∣most (not over-mastering) yet over-shadowing his natural emi∣nent parts, with which his inside was habited, and perspicuous to such as afterwards knew him.

Thus much I had occasion to say heretofore, to which hath

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been exception; as if I undertook him besides the Text, in a wanton pleasure of my own pen to blazon his memory with the foyl of his friend.

Truly, it was not so! by any unequal disparity to pride out the other: For, let me here take the freedom to speak more of him; who from henceforth being received into publick, and com∣ming in by his own endeavours to the place of Cap. of the Band of Yeomen of the Guard to the Kings person, a place of ho∣nour and profit; and increasing with years and experience into some favour now, and afterwards in high grace and esteem with the succeeding Sovereign; was yet (I must confess) in the fate of State and Court, circumvested now and then with some prejudice.

And it may be uneasy for a stranger (not for me) to research with due distinction into the Actions of his whole life succeed∣ing (not to enliven him by a line) whom envy heretofore, and now malice after his decease, have endeavoured to blemish more than his own former felicity did, or could any way cor∣rupt.

If we deduce him from his Cradle, we shall find him, as it were, begotten to an inheritance of true Nobleness and Court∣like grace, in more real splendour than others, that seemed to appear compatible with him, they being onely made so by hand.

His life indeed was intricate, sometime struggling 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 Con∣fidents, then 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 Ingagements unstable; the effects whereof smothered him in the uncouth deluge of destruction.

I have no adverse aim or end, on either side of these two Lords to embase the freedom of my Opinion or Judgement, be∣ing tryed into some purity of truth by my own knowledge of the former. and of this other by more exact account, than by most men, or by any other pen may be expected.

But I am not delighted to urge out this story of the Lord Haies, as not willing to speak evilly of any person of his Ho∣nour, unlike Our Adversaries that spare none; For we should know that virtue and vice are inherent in Man.

And as it becomes us to tell truth when we speak of their vir∣tues, so with modesty and compassion to discover their vices. Either of them being examples for the future, that to imitate, this to shun. And I cannot but with compunction remind, that

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the monstrous excess of the Belly and the Back, by his first Pre∣sident, became then, the mode of those Times for great Per∣sons (the most part) to follow, and for ordinary people to put in practice, even to this day, and may be feared, for ever here∣after.

The Sword being sheathed up in the Scabberd, Peace and Plenty brought the Law into esteem, the onely 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 Cook 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 juggling Trick, that staved off an opposite Witness; the Plaintiff nevertheless exhibits his Bill in Chancery against the Defendants, who sit out Process of Contempt, and refu∣sing to answer, are committed to the Fleet. And for their Re∣lief exhibit their Bill in Star-chamber, against the Lord Chan∣cellour Elsemore, grounded upon the Statute of 4 Henry 4: ca. 23. That the Iudgment given in the Kings Court hall not be exa∣mined in Chancery, Parliament, or elsewhere, untill it be undone by Attaint or Errour, &c. and so thereby he had incurred Praemuni∣re, and the Chief Justice Cook interposed, and encouraged the Complainants.

The Chancellour acquaints the King, who sends to Bacon Attourney General, Sir Henry Montague, and Sir Randal Crue, Ser∣jeants at Law, and Sir Henry Yelverton, Solicitor; these men re∣port back, That there hath been a strong current of practice and proceeding in Chancery after Iudgment at Common Law, and many times after Execution, continued since Henry the Se∣venth's time to this day, in Cases where there is no other Reme∣dy at Common Law; unto which the Iudges are peremptorily sworn.

And with this Sentence on Elsmore's side, the aged Statesman leaves the Seat of deciding, and sits down himself to his devo∣tions, leaving the Seal to be born by Bacon. But the manner of the dispose is mis-told by the Pamphlet,* 7.17 [who makes it the Chan∣cellour's heart-break to be rid of the charge] when in ttuth, the Term come, and Elsmore sick, the King sent for the Seal, by Se∣cretary Winwood, with a gracious Message; That himself would be his Deputy, and not dispose it whilest Elsmore lived to bear the Title of Chancellour, nor did any one receive it out of the King's sight till he was dead, nor long after.

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And because we may be assured of the Kings gratious favour to that grave Chancelour, see what he saies to him in two Let∣ters following, writ every word with the Kings own hand.

My Lord,

These shall first congratulate and thank God with you, for your recoverie, and growing to health again, for which I protest to God I praied everie Morn and Eve, since you was at the worst, as oft as I praied for mie self. And next you shall be herebie informed, how senseable I am of that disgrace offered to that Court of mine wherein you sit, especially at a time so unseasonable; It can∣not but be a comfort to you to know, how every Man censured the pertiallity and barbarity of that action; and for my part, you maie assure your self it shall onelie be in your default of not inform∣ing me if I do not upon this occasion free my self from fascherie of any such inconvenients hereafter, I mean of such jarring betwixt my Courts of Iustice; for I will whollie upon your information and advice, what course to take in the handling of this business, assu∣ring my self, that your conscience and care for my honour and ser∣vice, will set me in a course, for making such an example in this case, as may settle good Government in like Cases hereafter; and so I bid you heartilie farewell.

Febr. 25. 1615. New-market.

James Rex.

Thus the King writes then; and continued unto this grave Statesman such gracious Favours and esteem to the last of his daies, for a twelvemonth after this letter, and not long before his death, he writes again.

To the Right Trusty and Right Well-beloved Our Chancelour of England.

My Lord,

The Letter I wrote the last year from this same Town unto you, proved so good a Cordial for your health, as I am thereby incoura∣ged to do the like at this time; and as I both hope and praie for with the like success; I cannot but be eztremelie sorrie for your want of health; but I confess I am more sorry for the evil conceit you have of your own strength, which makes me the more to presume upon the good Operation of this Physick of mine, since, I am sure it can work more upon your mind than anie other worldlie thing. The Greatness,

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of your place, and the abilitie which God hath given you to discharge it, to the honour of God, and the great benefit of the Common∣wealth, is a cause sufficient to stir you up to be careful of your own health, and even to fight against disease as far as you can; but when you shall remember how evil I maie want you, and what miss your Master shall have of you, I hope that reason will be predominant to make you not strive, but conquer your disease, not for your own sake but for his; of whom you maie promise your self as much love and heartie affection as might be expected from so thankful and kind a Master, to so honest and worthily deserving a Servant; and so prai∣ing God to bless this mie cure, I bid you heartilie farewell.

Febr. 9. 1616.

New-market.

James Rex.

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

My Lord Chancelour,

As I was verie sorrie, having understood of your dangerous sick∣ness, so I do much rejoice of the good appearance of your recovery, which Thomas Murrey hath declared unto me, and of the affect∣ion and caee you have of my person and of mie Estate, for which you and yours shall ever find me most willing to give testimonie to the World, how much I respect those who are truly affected towards me. I hope bie Gods grace to give you particular bie mie self, and that God shall give you health and strength of bodie and mind, that the King, Queen, and I, with this whole Kingdom: may long enjoie the fruit of your long, wise and religious experience, which wishing from my heart, I end

New-market, Febr. 18. 1616.

Yours, Charles Pr.

These being the last Letters, and thus assured of the acknow∣ledgement of his Masters favour toward his merit, he takes leave of this Life the fifteenth of March following, 14. of Iac. 1616.

The Common-pleas, or Comunia Placita, is the Kings Court, or Bancus Communis, Anno 2. Edw. 3. cap. II. so called, Quia Communia Placita inter subditos, or controversies between com∣mon persons, it was now held in Westminster- Hall. But in anti∣ent times moveable, as appears by Magna Charta cap. II. And

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that upon grant of that Charter, the Court of common-pleas was erected and settled, and one place certain, viz. at Westmin∣ster, wheresoever the King lay, and that after that time all the Writs ran, Quod sit coram Iusticiariis meis apud Westmonast.

Whereas before, the party was commanded by them to ap∣pear, Coram me vel Iustitiaris meis, simply without addition of place; see Glanvile and Bracton, the one writing in Henrie the seconds time, before this Court was erected; the other in Henrie the thirds time, who erected this Court. All Civil cau∣ses, real and personal are (or were in former times) in this Court according to the strickt 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 Iustice of the Common-pleas, accompanied with three or four Assistants or Associates, who are created by Letters pattents from the King, and are installed (as it were) upon the Bench by the Lord Chan∣celour, and Lord Chief Iustice of that Court. See Fortescue ca. 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 Iuries, or Iurata Writs, Clerk of the Treasury, Clerk of the Kings Silver; Clerk of the Essoines; Clerk of the Out-laws.

The Common Law is so antient,* 10.1 we know not the commence∣ment; Lex Angliae peculiar onely to this Land. Of long time following the Conquest, ever more quarrelled for enjoyment of antient Liberties; until Henrie the third allowed English men English Laws, add in his ninth year granted the great Charter, which himself infringed, and thereupon followed fourty years Barons Warrs (as Histories stile them) until in his fifty two 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 Lexterrae? Leges Anglicanae fuerunt approbatae con∣sensu utentium & Sacramento Regum confirmatae. Lex facit Regem; attribuat igitur Rex legi, quod Lex attribuit ei, viz. dominatio∣nem & potestatem; ubi non Lex, ibi non Rex. So then Lex fecit Regem. Not so neither; Kings in England before Lawes; but indeed Communis Consuetudo Regni fuit Lex terrae.

This being the Law without commencement; as the Genius to all, and Parliaments Statutes, Prerogatives of Princes, Customes of Counties, Cities, Burroughs, Mannors, are but the species of it. For general Customs made the Law, au∣thorities Parliaments, Limits Prerogatives and Customes, con∣sonant or disonant to Reason; so much for Communis Lex.

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But in practice (say some) the Chancery is above Law, and yet duely examined, that also is allowed per Legen terrae, as a species of that.

The reason thus.* 10.2

The Common Law grounded upon general Maxims, they might be too severe, or too relax; and therefore necessarily re∣quiring Equity, Secundum aequum & bonum, & sanam consienti∣am.

And this Chancelour notwithstanding limitted by Law and erected by Law, although it seems above Law. For

No Judge hath Jurisdiction without some grant or commissi∣on out of that Court under the Great Seal, which is intrusted to the Chancelor.

No Judge can hold plea without an Original Writ framed in Chancerie, and by his appointment returnable before the Judges, and yet all these considered, the King, the Law, the Chancery a∣gree together.

The Chancerie then must needs be erected (subsequent) by the common Law, to relieve and supply the Law in some cases, where the simple subject was cosened by craft; ignorance, also may offend, without malice.

Moses 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 Cancelarius Angliae, a a Cancelour; do but then quere what he might cancel?

Some say it is, Cancelare Iniquom legem commnnem, Iudicare secundum conscientiam; but this is an errour; will the Law give power to deface her self that made it?

The Chancelour cannot stay the course of Law, but onely injunct the person not to follow the Law; not to cancel the Law; for notwithstanding this injunction, if the party will sit out contempt, and proceed at common Law, the Judges can∣not deny him.

Indeed rhis Officer hath his name of canceling the Kings Let∣ters pattents, so much of honour to the Law, as the other way had been dishonourable.

The nature of Letters pattents bind the King and his Succes∣sors, and all Subjects, though unfit or unjust; the Judges of Law are co judge it void, but cannot deface it nor the Seal, but the Chancelour, as a Judge of Law may, (but not by his ab∣solute authority) by his ordinary power and course of common Law, is to judge of it, and to hold plea of it, and to call the party interessed by process of Law, and so to repeal it by Judgement; and then cancel it: which no person can do but

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And this was done, Transversa linea circumducere vel conscin∣dere aliquod Edictum decretum contra Principem, aut jus Reipubli∣cae impetrari; which cancelling is made with Lines drawn across like Latices, and it is said that Judgement seats were of old compassed with Latices, or Barrs cross waies, to defend the Jud∣ges and Officers from the prease of people, and yet not to hin∣der their view. Chancells were so divided from the body of the Church, and thereupon so called.

And the Lord Chancelour and 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, but Law.

That all Justice runs from the Supreme power; so by the Chancelour to all Jurisdiction.

A man complains of wrong or sues for right in Chancery; from which Bill of complaint issues a precept commanding the Defendent to appear at a Day; So then a man may not be sued before he have a Writ or Breve from the Chancelour, a singular regard to the meanest.

The very Writs of Chancerie are prescribed by Law, and a form registred in Chancery, and if not accordingly issued out, the Judges will reject them, called in Law, Abating of the Writ.

His Authority to judge,* 10.3 is of two sorts, by common Law, or Positive Law, Potentia Ordinata, Processe, pleading judge∣ment.

Potentia Absoluta; by Processe according to the Law of Na∣ture, viz. to send for the party, to answer upon Oath; to ex∣amine, if he will not answer, yet the Chancelour cannot condemn him in the cause for obstinacy.

Potentia Ordinata, mispleading on either part, may mar the matter, and the judgement must be according to Law, howe∣ver the Equity of the case fall out.

But if the pleading be by Absolute Power, though the par∣ty misplead, if the matter be good, the Iudgement must be by equity, and not as the pleading, be either formal good or bad, or as the law will in the case.

The Question followes, whether, that conscience whereby the Chancelour be simpliciter; and to be simplex conscientia, or Regulata? Viz. To be ordered by course of Court, former Presidents? and if no Presidents; whether Reason in codem respectu, may take cognisance of the cause? viz.

A rich Father to suffer an honest son to beg; or a rich son con∣trario? the Chancelour cannot?

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Hereupon we may conclude that his Authority judicial, both Ordinata, and Absoluta Potestas, are limitted by the Law of the Land.

For in the Ordinary he is tyed 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 regulatam 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 Elsemere Lord Chancelour,* 10.4 though a wonder to some [so mean a Man to so much prefer∣ment] he was then Atturney General,* 10.5 and as others by that placc, and in the usual way of preferment (time beyond me∣mory) come to high Office of Indicature, either there, or to o∣ther Benches; and so did he. But his Mis-deeds afterwards turned him out of all, and he dyed poor and private. See An∣no 1621.

And as his Genesis of preferment came to the chair of State, so the Exodus of the Treasurer Suffolk in his Office, brought him to the Star-Chamber, and the Glory of the new Chan∣celour, Chair-man there, to 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 affording them several waies and manners in that Court more particular, as their Qualities concern them to distinguish.

So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset. He now finding the Fate of Court-policy final in this Lord, and his malice at Liberty to speak what he list; Parrallels this Lords Crimes with other such corrupt Treasurers, raking Presidents of all former Pre∣decessors.

Even from Randolphus de Britton; who was sentenced to lose all lands and goods, but was restored to him, and fined 3000. 1. for misusing K. H. 3. Treasure.

Such another was Treasurer of Ireland, Petrus de Rivallis, 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.

So did the Abbot and Moncks at Westminster, took out of that Kings Treasury there, ad inestimabile Damnum Regis & Regni; For which these privileged pretenders could not be ex∣empt from Tryal, and the Temporalities of the Abby seized

Page 438

for satisfaction; till which time of payment they suffered Im∣prisonment.

Nay, Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then, though small, but a hundred pound of the Earl of Monteallo, ut ami∣cus in agendis negotiis versus dominum Regem; lets him escape Prison to do his buinesse; and given of free Will, and ex curi∣alitate sua; yet in those dayes it amounted to Extortion.

But he had Additionalls, having indicted Iohn de Eugam of Tresgass, for the Mannor of Fisby, to which the King had title, and imprisoned him; and when another Mannor was conveyed to the Bishop for Courtesies done, diversas curialitates, Eugam 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 Bayliff of Oxford was committed for arrears of one hundred pound in his accompt▪ and the Mannor of Calcat 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 Edw. 3. He imprisoned William Lord Latimer with punish∣ment and fine, being in Commission to pay off the Kings debts, he compounded for eighty per centum, and 30. for 40. by which saies the Record, he turned it upon the King to be a Bankrupt Compounder.

So did 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 as these were brought Examples to raise the Of∣fence 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 Iohn Dingly, one of the Tellers in Exchequer, an intimate Servant to the Secrecies of Suffolks Countess; or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of; Or the vain and mon∣strous expence heretofore of that family. All that could be (besides the necessity of Court-Fate) cast in his dish, was the imbezeling the monies lately paid by the States of the Nether∣lands for redemption of the cautionary Towns Flushing and Bril; 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 Treasurer was from thenceforth for some time trusted to Commissioners.

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At Midsummer after the King comes to Star-Chamber, then intending to settle his homea-ffairs, for his resolved journey in∣to Scotland, which began the next Spring, and therefore now the more to exalt the Seat of Iustice, 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 incli∣nation to Iustice and Piety.

His MAIESTIES SPEECH at his first comming to the Star-Chamber.

He begins with Scripture. Give thy Iudgements to the King, O God, and thy righteousness to the Kings Son; the literal sense upon the Prophet David, and his Son Solomon, godly and wise; the mystical sense upon God and Christ his eternal Son, just and righ∣teous; from which imitation all Governments, especially Monar∣chies, have been established. Kings are properly Iudges, and sit in the Throne of God, and thence all Iudgement is derived, from the King to his Magistrates, not to them Privative but Cumulative. So the Council of Jethro to Moses, the Iudges were deputed for easier questions, the more profound left to Moses. So, all Christi∣an Kings govern; whereby appears the neer Conjunction, God and the King upwards, the King and his Iudges downward; the King to settle the Law of God, and his Iudges, to interprete the Law of the King.

Thus a Jove principium, he comes to his Errand; I. Why he came not to speak here in fourteen, years as his Predicessors 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 hi∣ther, 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 choice of some worthy Cause, betwixt King and some Subject, or Subject and Sub∣ject. 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 open∣ly to speak now publickly, concerning the reformation of Iu∣dicature in Westminster-Hall, which heretofore he had in part de∣livered in private occasions.

Dividing his Charge,

  • 1. To himself;
  • 2. To the Judges;
  • 3. To the Auditory.

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First, He protests that as Confirmation follows Baptism, so now he renews his Oath 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 eudeavoured it real, to conform Scotland to England, not this to that, anent the prophecy of his Grandfa∣ther, 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 in him, Iustice may be moderated by him with mer∣cy, but in matters of Iustice he will be blind to partiality: to hasten Iustice, never to delay.

He distinguishes the Law; The Inheritance of King and Subject to be determined by the Common Law, set down by our Forefathers, and expounded by learned men in their Comments, and called Re∣sponsa Prudentum, or by Statute-Law, and this is Law of In∣heritance.

The other Law, Gods Law, governs all, Common and Munici∣palls 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 neerest the primitive and Apostolical Church in do∣ctrine and discipline of any in Christendome.

Next to this is the Civil Law (the Law of Nations) It satisfies strangers, and his own subjects in matters of Pyracy, Mariage, Wills, which Law he divides, Civil and Canon, and complains of the contempt upon it, and concludes his own charge, to maintain so to purge it from two corruptions. Incertainty and Novelty to cleer it to the people by advice of Iudges, and to purge it of Ni∣ceties introduced by Iudges 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 Iudges consists of three parts, To do Iustice, Generally; Indifferently, Fearfully. Generally, uprightly as to answer God, and the King aud punishment from either. In∣differently to all parties, King and Subject, Subject and Subject, without delay partiallity, clean and uncorrupt. Fearfully, Not your own conceits, for you are no Law makers, but Interpreters. Jus dice∣re, 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, cleer Law, or solid Reason.

But where the formality hath no place, as in Denmark, the State

Page 441

is governed by written Law, no Advocate or Proctor; only the par∣ties plead and the Law is read, and so sentence. He complains 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 enterprete 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 the rea∣son of Logick and common sense, it will be false. And as they are Iudges and divided into Benches, so they must confer, debate, not single opinions, per emendata suffragia; and thus in generall to their Office.

And as to their Limits.

First, Not to incroach upon Prerogatives of the Crown, deal not in difficult questions ere you consult with the King and Council, o∣therwise, is to wound the King through the sides of a Private per∣son, and herein commends some of the Iudges, that of late rebu∣ked and blunted the sharp edge, and vain popular honour of some Pleaders at the Bar for meddling therein. The mystery of the Kings power is not lawful to be disputed, which seems to wade into the weak∣ness of Sovereigns; diminishes the mystical reverence of them that sit in the Throne of God.

Secondly, One Iudicature not to invade upon others, unsit and unlawful, and herein he inlarges himself. That besides Common-Law there are Courts of Requests, Admiralty, President and Coun∣cil 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 extra∣cted, it was so called, as Pleas of private men. The other, the Ex∣chequer 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 Preroga∣tive, 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 is it 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

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Law and Iustice, not altering Law, nor e converso; It exceeds all Courts, mixing Mercy with Iustice. Other Courts are onely for Law: and where the strictness of Law might undo a subject, there the Chancery tempers it with Equity, and preserves men from de∣struction.

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 Chancelour 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 Presidents in time of best Kings, and most learned Chancellours.

The duty of Iudges is, to punish such as deprave the Kings Courts, and therfore 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 that none presume to sue a praemunire against it.

As all inundations are conceived Prodigious by Astrologers, so o∣verflowings of the banks of Iurisdiction is inconvenient and Pro∣digious to the State; Let there be a concordance and musical accord amongst you; keep to your Presidents, authentick, not controverted, but approved by common usage of best Kings, and most learned Iudges.

The Star-Chamber Court, hath been shaken of late, and last year had received a blow, if not prevented by a few voices. He de∣scants 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; wisdm of State, learning in Law: The other two sorts, Peers and Bishops; to give Greatness and Honour 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 practice in Government, are conjoined in the proceedings of this Court.

No Kingdom without a Court of Equity, either by it self, as in England, or mixed in their Office that are Iudges of the Law, as in Scotland, and here in England where the Law determines not cleerly, 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, give it the more honour.

Keep your Courts in harmony; Iudges 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

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Motion, Ixions wheel; the reason of Multitudes of Prohibitions, causes are scourged from Court to Court, like Tantalus fruit, neer the Suiters Lip, never to his Taste, a delay of Iustice makes causes endless.

He tells them how he hath laboured to gather Articles, an Index expurgatorius of Novelties crept into the Law; look to Plowdens Cases, and the old Responsa Prudentum, if you find it not there, then (ab initio non fuit sic) away withit.

To the Auditory he hath but little to say; As he hath confirmed his Resolution to maintain his Oath, the Law and Iustice of the Land. So he expects their duty in observance of the Law, and di∣vides their submission into three parts.

First, In general to give due reverence to the Law. This general he devides also into three;

Not to sue but upon just cause;

Be content with Iudgement to acquiesce as he will do, equal with the••••eanest Subject.

Do not complain and importune the King against Iudgement. It is better to maintain an unjust Dcree, than to question every judge∣ment after Sentence, as you come gaping for Iustice, be satisfyed with the Iudgement; but in Bribes complain boldly; if not true, from you expect Lex Talionis; to accuse an upright Iudge deserves double punishment.

Secondly, In your Pleas, prsume not against the Kings Preroga∣tive or honour: if you do, the Iudges will punish you; if they do not, I will them and you. Plead not new Puritanical strains; to make all things popular, keep the antient 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 his Self, Iudges, and Auditory; his excuse why he came not till now; why now.

And because of his custome to deliver a charge to the Iudges of circuits; He tells them now also, As they are Iudges with him in that Court, so Iudges under him and his Substitutes in circuits; Itinerant to his people; a laudable custome to go to the people in their Counties, as they come up to them at Westminster-Hall. That you go to punish, as to prevent offences; charge the Iustices 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 his Chancellour in writing, and so to him.

Of these two parts, the Nisi prius is profit for them, and the other necessary for him, therefore as Christ said, Hoc agite, yet & illud non omittite, and commends the office of Iustice of peace of high honour and repute.

They are of two sorts, good and bad; the good he will reward and

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prefer, being as capable of his favour, as any about him whomsoe∣ver; the farther off in distance of place, the more desert, and his providence must reach to the end of his limits; the good are indu∣strious; the bad idle; contemplative Iustices are of no use. And for the number, as many hands make light work, so too many make slight work.

As to the charge, he will but repeat what he hath said heretofore, Lectio lecta placet, decies repetita placebit, anent Recusants and Papists, my greef 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, in∣forced 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 un∣der their power, 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 h 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 Iustice; 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 open, and Saint Peter came not out, till led by the Angell of God.

Then he concludes with the Ordinary charge against the num∣bers of Al-houses; too frequent buildings in and about London; and also the extreme resort of the Gentry to the City; bids them coun∣tenance 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 Hunly had been excommunicate; upon hopes from time to time of his conformity and reconcilement; but increasing insolencies was lately committed, and as soon inlarged by the Chancelour; underhand favouring too much the Papists. The Church complain 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,

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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 Catnes now at Court, must consent in the name of the Scots Kirk, for the Arch-Bishop of Canterbury to absolve him, and the Form new devised so to do, in respect of the correspondency 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 one∣ly. The Arch-bishop also gave his Reasons in writing, without in∣trenching upon the independencies of so free, absolute, and in∣tire Authority of Sctland.

And withall, Huntley come home, must supplicate that Assem∣bly, now convened at Aberdene, for their confirmation and his sub∣mission, 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 knowledg of the Kings elaborate care and wisdom, in reducing 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 re∣covery 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 pro∣spered to perfection, had not their and our sins since set a period to us both.

1. That for 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 Send∣ing down the Holy Ghost, having been commendably remembred at certain days and times by the whole Church of the world; every Mi∣nister upon these days should therefore commemorate the said benefits upon those set days, and to make choice of several pertinent Texts of Scripture to frame his Doctrine and Exhortations thereto.

And because Confirmation after Baptism stuck in their stomachs,

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and indeed the King was unsatisfied therein, terming it a meer Hotch-potch, 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 primi∣tive 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 Bishop in their Visitations shall bless them with Prayer for their increase of Grace and continuance of Gods hea∣venly gifts with them.

So much was done indeed, and presented humbly to his Ma∣jesty, 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 resolving to effect his desire, at his com∣ing personally into that Kingdom, when his presence should sa∣tisfie with Reasons all scrupulous aversion.

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

This Lake was a learned Gentleman,* 10.6 brought up under Sir Fr: Walsingham, (that subtil Secretary of State) as Amanuensis to him. And after good experience of his deserts, was recom∣mended to Queen Elizabeth, and read to her French and Latine, in which Tongues, she would say, that he surpassed her Secreta∣ries, 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 long before she received him Clerk of her Signet. And he was chosen by this State, in that Place, to attend King Iames, from Berwick. And so sufficient he was, that the King made use of his present service, in some French dispatches by the way that he came hither; which indeed Secretary Cecil had rea∣son to resent, as too much trenching on his Office.

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

These sufficiencies of his, enabled him in these times of gain∣ing with much repute and direct honesty to purchace large pos∣sessions.

And now the place of Secretary was joyned in two Princi∣pals, Sir Ralph Winwood and him, and so he continued with ho∣nourable esteem untill malice and revenge, two violent passions over-ruling the weaker sex, concerning his Wife and Daughter, involved him into their quarrel, the chief and onely cause of his ruine.

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He had by his Wife Sons and Daughters; his eldest married unto Baron Rosse (in right of a Grand-mother) the Son of Thomas Earl of Exeter, by a former venter; this Baron therefore and upon Lake's credit, was sent Ambassadour Extraordinary into Spain, Anno 1611. in a very gallant equipage, with hopes of his own to continue Lieger, to save charges of transmitting any other.

In his absence, here fell out a a deadly feud, ('tis no matter for what) between the Lady Lake and her Daughters Step-mother the Countess of Exeter, which was particularly described in a Letter, and sent from England to me at Madrid in Spain, and be∣cause of my near relations in that Ambassie, I shewed the same to my Lord Ambassadour.

A youthfull Widow this Countess had been and virtuous, the relict of Sir Thomas Smith Clerk of the Council, and Regi∣ster of the Parliament; and so she became Bed-fellow to this aged, gouty, diseased, but noble Earl, and that preferment had made her subject to envy and malice.

Home comes the Lord Rosse from his Ambassie, when he fell into some neglect of his Wife and her kindred, upon refusing to increase allowance to her senttlement 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 Re∣ligion 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, whilest he was here, and that therefore upon his Wifes discovery, he was fled from hence and from her Marriage-bed, with other devised Calumnies, by several Designs and Contrivement, to have impoysoned the Mother and Daugh∣ter.

This quarrel blazened at Court, to the Kings ear, who as pri∣vately as could be, singly examines 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 acknowledg her self guilty, craves pardon for attempting to impoyson them, and desires friendship for ever with them all.

The King gets fight of this, as in favour to them, and de∣mands 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 Exeter's 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

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Window, in the upper end of the great Chamber at Wimbleton, in presence of the Mother and Daughter, the Lord Rosse, and one Die∣go a Spaniard, his coniding Servant.

But now they being gone, and at Rome, the King forthwith sends Master Dendy (one of his Serjeants at Arms, sometime a Domestick of the Earl of Exeter, an honest and worthy Gentle∣man) post to Rome, who speedily returns with Rosse and Diego's hands, and other Testimonials, That all the said accusation, confes∣sion, suspitions and Papers concerning the Countess, were notori∣ous false and scandalous, and confirm it by receiving their Eu∣charist, in assurance of her honour and his innocency.

Besides several Letters of her hand, compared with this wri∣ting, concluded it counterfeit.

Then the King tells the Mother and Daughter, that this wri∣ting 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 behinde the Hangings, at the entrance of the Room, and heard the Countess reade 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 behinde the Hanging, (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 behinde. The King saying, Oaths cannot deceive my sight. And the Hangings had not been removed that Room in thirty years before.

Nay, more than all these, the Mother and Daughter counter∣feit a Confession in writing of one Luke Hotton, that for fourty pounds the Countess should hire him to poyson them, which man, with wonderfull 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 quar∣rel, advising him to leave them to the Law, (being ready for a Star-chamber business.)

He humbly thanked his Majesty, but could not refuse to be a Father and a Husband, and so puts his Name with theirs in a CrossBill, which at the Hearing took up five several Days, the King sitting in Iudgmnt. 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 Triall, appear doubtfull to the Court, untill the Kings discovery, which cocluded the Sentence, pronounced upon several Censures, Lake

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and his Lady fined ten thousand pounds to the King,* 10.7 five thou∣sand 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. Martin's 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 (I remember) compar'd 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, whole love to his Wife (the old sin of our Father) had beguiled him; I am sure he paid for all, which as he told me, cost him thirty thousand pounds, the loss of his Master's 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 Ach-bishop of Spalato, Mark Antonio de Dominis,* 10.8 to seek his peace against that Sea, 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 Proslyte hereafter: and finding no safe 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 Contro∣versie, and quarrels with Bellarmine; however, it was though fit to bid him welcome, and to prefer him to a Deanary of Windsor, and for better support, with the Mastership of the Savoy.

This vext Count Gondomore, the Spanish Lieger, who intend∣ing to tempt him, (as the Devil does his creatures) with a bosom sin, that which they love, had intelligence of his innate disposi∣tion to avarice, with this he tampers afar off, and with leave of his Master, invites him to turn again, from this so mean al∣lowance, and take preferment in the Conclave, to be Spain's Pensioner there, (as almost all are) with this assurance of the Cardinal's Cap, he was cozened into the Court of Inquisition, and so to the Gaol, where he ended his days with grief, and died a Protestant Professor, in malice to the Papist, or rather of no Religion.

The late sudden Murther aforesaid of Henry 4.* 10.9 of France, left the Sovereignty to Lewis his Son, and his minority to be support∣ed by his Mothers Regency, and she in miscarriage, through too much affection to her Favourite the Marques D' Ancre (a mecha∣nical Florentine, her Countreyman) occasioned the Princes of the Bloud to seek their freedom by force, which lasted not long, after their several imprisonments; for the quarrel rising high, and D' Ancre busied abroad, they plotted their business by a bold Captain of the Gens d' Arms, De Vitry, and effected upon D' An∣cre's

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person with a single Pistol, at the instant, when he returned to the Pallace, the Loure in Paris, and his Corps had no other Balm for their Burial than his own bloud, being dragg'd about the Ci∣ty by the Peoples rage, till the dis-jointed 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 the Action, as the most convenient Iustice, 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 King's Army under oversight, as a Prisoner, but shew'd 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,* 10.10 for some years, as her Faction took breath, untill that excellent Engeneer 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 succesfull in all his policies, settled that Nation to his death, in their due submission to Sovereignty, which broke out afterwards Anno 1652. into like examples of former mise∣ries.

The blessings of Peace and Plenty enthroning this King,* 10.11 re∣solved 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 na∣tive Countrey, to give them a Visit after some time of settle∣ment in his new Inheritance. And in some policy it was hasten∣ed now, to be out of the way of address from the Emissaries of the French, (that unstable State) now in the height of diffensi∣on, whilest King Iames and his Court were thus refreshed, from affairs and business here, in as much prudence and splendour as the consideration of this Journey was necessary to the Design; * 10.12 which our Historian (with his Pasquil observations) [spends in ri∣diculous 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 facti∣ous Presbytery, in obedience to Episcopal Hierarchy; to pass some Bills and Acts of Parliament; to regulate the exacting

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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 the Kings Solomon- like instinct, to visit that Kingdom, and therein gave them assurance, not to alter the Civil and Ecclesiastical Estate, but by reforming abuses in Church and Common-wealth, and advised them to all accommodations to bid him and his welcome.

These directions were accompanied with others of State, and amongst them for repairing and orderly adorning his Chapel: and Officers sent out of England with necessaries, and some Portraits and Pictures of the Apostles carved, for the Pews and Stalls; but the People exclame at such sights, That Images were to be set up; The Organs were come before, and after comes Mass.

The King was angry at their ignorance, and sent them word to distinguish betwixt Pictures intended for Ornament and Decora∣tion, 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 Chapel, where some Anthems were to be sung, desired, 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 figured in Churches, but not the Patriarchs nor Apostles.

He come to Berwick in May, and there it was advised to pro∣rogue the Parliament to Iune 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 wel∣comed 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 act∣ed there, in order to the service of that Nation; we shall trou∣ble the Reader with some particulars.

The King enters their Parliament,* 10.13 with Rules for establishing Religion and Iustice, and a regard to the Ministers of both; for notwithstanding the many years Profession of Reformation, numbers of Churches remained unplanted, and those that were, wanted main∣tenance; 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 Iustices 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

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esteem, so none could deserve better at his hands than those that coun∣tenanced them; and those others, Enemies to the Crown and quiet of the Kingdom.

That he had long endeavoured to civilize men from their barba∣rous customs, having made some progress, by remove of the persons, or by extinct of their Feuds, and in place thereof established Civility and Iustice, and to his lives end, he would never leave to do his best endeavours, untill he might say of Scotland, as one of the Empe∣rours said of Rome, Inveni lateritiam, relinquo marmoream. Indeed the Countrey affords more of Stone than Tile-shard.

They come to vote Commissioners upon the Articles of Reli∣gion, whom the King commends, they refuse; and evermore Officers of State are suspected partial for the King, and therefore they admit but of three, the Chancellour, Treasurer, and Clerk of the Rolls.

They begin with the chiefest Article,* 10.14 That what soever should be concluded by the King and the Bishops in matters of external policy, 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 Ariicle was formed and passe.

Hereupon the Ministers mutiny, that their 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 Pro∣testation to the King in Parliament.

First, against that Article, and therein if remedy be not pro∣vided, 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 Patern 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 consti∣tute and make Canons will be utterly overthrown.

That hitherto their Church, nearest the divine and Apostolical Institution, and so hath lived long without Schism and rent, may now by introducing Novelties be miserably overthrown.

That his Majesties gracious assurance by his Letters this last Win∣ter against all alteration of Religion, and so hath been intimated in Pulpits, when Rumours were dispersed of intended conformity with England.

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These they pray may be sufficient to warn the King and Parlia∣ment, not to oppress their poor Church, and give grief to millions of men, that otherwise would rejoice at his Majesties presence. And so they resolve, that rather than submit, they are prepared to incur cen∣sure, and to 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 Arch-bishop 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 of his knees, and craves pardon for the Protestation, professing never more to meddle therein.

However, the King wisely suspecting some others of the same Phrensie, for the present commanded that Article of the Kings Crown-prerogative not to be read, till the policy of a fit∣ter time; the rest of them being read and concluded, the King takes his leave and loving farewell.

But the Bishops had warning to summon some principal Mi∣nisters, and with them to meet him at St. Andrews, 10. of Iuly, where the King greets them.

How great my care hath been for the Church (saith he) since I had authority and power to perform it,* 10.15 your consciences cannot but con∣fess; I need not tell you. I seek no thanks, God knows my heart, for true worship of him, and decent order in the Church; whilest I re∣solved of this Iourney to visit you. I gave you warning to insert some Articles into your Acts of the Church, those were anniversary commemorations of Christ's blessings to man, as his Nativity, Passion, Resurrection, Ascension and Descent of the Spirit; an∣other, for private use of both Sacraments; a third, for reverend ad∣ministration 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 si∣lent. And lately desiring but my Prerogative to be declared, in ma∣king 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 re∣sisted. And with that browing upon them with a full eye, maje∣stical and stern, They all fell down on their knees.

The King went on, It is a power innate, a princely special Prero∣gative, which Christian Kings have, to order and dispose external things in the outward policy of the Church, as We with our Bishops advice shall think it. And Sirs, (said he) for your approving or dis∣proving, deeceive not your selves, Me ye shall not. I will have my Reason not opposed.

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They were all becom new men, humbly besought they might confer, and so return an uniform Answer, which in two hours space produces a Retition for a General Assembly, wherein all his Majesties Articles being proponed,* 10.16 they might with common consent be re∣ceived. I, says the King, but what assurance have I of their consent∣ing? 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 here∣after put my own Authority in use, I shall be pulpited, a Tyrant, Persecutour. Ye were wont so to do.

All crying out, That none durst be so mad.

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

They craved the Arch-bishop 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 Bre∣thren those Articles, which he calls Tricas Anglicanas, the Let∣ter-carrier was Catherwood, who for his insolency to the Kings face, was committed, and after banished; and Simson sent to Edenburgh Castle, where he lay till December.

And so the King returns to England,* 10.17 by the West parts; and at Dunfres had his farewell 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: An∣drews and of Glascow, precisely in their own persons to keep Christmass day next, preaching of Texts according to the Time, and to discharge all Modification, (advance) of stipends to any Minister for a year, unless onely to 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 Edenburgh for their stipends, complain of their Bre∣thren, their pride and insolency, supplicate the Bishops to inter∣cede and mitigate his Majesties displeasure, and so they did, and procured Letters from the King, for allowance of their sti∣pends.

And Mr. Simson was now released,* 10.18 professing his hearty re∣luctancy for opposing his Majesty, setting his hand to a Suppli∣cation which himself framed, with all submission. But his Bre∣thren, not liking any submission, but to their Assemblies or Sy∣nods, (his, being to the Council) he sets out an Apologetick,

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glossing upon each word of his Confession, and concludes, That whatever frailty or weakness had befallen him heretofore, he hoped now to be like Peter, Qui ore negavit, & corde confessus est, and ne∣ver to betray the Lords cause with Judas.

The Iesuits do even so, fast and loose; neither tongue, hearts nor hands can binde them, against their mental secret purposes. And yet there being some hope, that matters might amend for the Church, and their frequent Synods preparing 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 leasure to the King, and advantage to all Attendants, for preferment of their persons, or other satisfaction for their servi∣ces, by the freedom of their Masters bounty, both to Scots and English.

Especially, to our new Favourite, now of two years growth in the Kings affection. This man George Villiers* 10.19 of an ancient Fa∣mily in Leicestershire, and bears 〈◊〉〈◊〉. on a cross Gu. five Escalops Or. His father Sir George Villiers begat him 1592. upon a second venter Mary Beaumont, of noble extraction, whom for her beau∣ty and goodness, he married. By his first he had but one Son, rising no higher in honour than Knight and Baronet, his disposi∣tion not court-like, and therefore injoying perhaps the greater greatness, self-fruition; yet in time he had preferment to the Government of Ulster Province in Ireland. The other Sons were three, and in order of Birth, but not in Preferment, Iohn was Viscount Purbech, George Duke of Buckingham, and Christo∣pher Earl of Anglesey, and one Daughter Susan Countess of Denbigh.

We are told, [that he came over by chance from his French Travels,* 10.20 and sought his Preferment in Marriage with any body, but mist of a Match for want of an hundred Marks] and so pieces him for the Court, (like the story of Demetas 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 falling upon a wonderfull Match for match∣less wealth with the Daughter and Heir of Sir Iohn Spencer, Alderman of London, and her Father then lately dead, this Lord was Master of all, which was of 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

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of great affection with the King, had the better of the poor English.

There had been a private Intertainment of a Supper at Bay∣nards Castle by the family of Herbert, Hertford and Bedford, and some others; by the way in Fleet street, hung out Somersets pi∣cture at a Painters stall; which one of the Lords envying bad his foot-boy fling dirt on the face, which he did; and gave me occasion to ask my companion, upon what score that was done? He told me, this meeting would discover. And truly I waited neer and opportune, and so was acquainted with the Design, to bring in Villiers, who was entred before.

He had need to be well backed, against enough that envyed his neerness, and aimed by any affront to discountenance him, until he made them know that his courage over mastered 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 not his due, was told of it, and so removed; nor was it done with overmuch kindness; for in∣deed the other was Somersets creature, who urging a second in∣civility, Villiers gave him a Box on the Ear. For which the cu∣stome of Court condemned him to have his hand cut off. And which Somerset, as then Chamberlain, ought to prosecute the Execution, which he did. And here the Kings pardon, with∣out any satisfaction to the other party, made him suspected, a budding Favourite. Who was indeed raised, with, or by Somer∣sets ruine, so drew envy, from him as his competitor, and from others his Friends compartners in his fall, being then as one cast out of the passions of the King.

We shall find him come up degrees, and to stand firm in fa∣vour, 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, the others study therefore was the Kings inclination, and so to leave on him, whose affection was sufficient to hold up his head. He waited hard and close, his first years rising; but having remo∣ved all the whole Line of Somersets lincks, (his Wives interests the Howards) being boldly fixed in his Masters favor; he would adventure to take leave, but not too long, to be absent. And so by degrees inured the King from his custome of overtyring his Favourites, and at last, fortifies himself, by raising out∣works if in case of assault; His own mariage with an heir, the daughter of the Earl of Rutland, rich and Honourable, twist∣ing himself and his issue by intermariages with the best and most noble.

For indeed the brouse boughs cut down, or removed to plain

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the stem. Our favorite 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 preser∣ments* 10.21 came thick upon him; for the next Saint Georges day af∣ter his initiation, brought him Knight Bachelour, and Gentle∣man 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 next year, Earl of Buckingham, and privy Counsellor, and this Summer in Scotland, sworn there also Counsellour of that State. At Christmass after (that favours might be recorded, Acts of time, and of affection too) he was created Marquess Buckingham and Admiral of England, chief Justice in Eyre, Master of the Kings Bench Office, and Steward of Westmin∣ster (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 sommoned him at once, with all these Titles, which came to him in time heretofore and after.

These accumilations might no doubt astonish the Kitchen stuff conceipt of Sir A. W. Benefits imbroydered without the least vacancy or emptiness,* 10.22 to any others workmanship. The hearts of Princes once dilated with affection, cannot be satia∣ble in the exercise of any narrow bounty, or little affection, choice and love, begets the Gift, which act becomes foment∣ed, even to be in Love, with their own giving, and so to ex∣cesse.

And thus have we put together this great Man, who was pie∣ced up by degrees and time.

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 pensil his life, which I take boldness but to touch with shadows.

These were dispersed by time, into several Matches, with the Gentry, and what strange or new device was it in him to raise them, that were neer in blood (by Noble and worthy) waies as he did? He made his two Brothers Peers; his Mother & Sister Coun∣tesses, the one by Patent, the other by Mariage, the rest of the kindred by his countenance, got means to live like their Births being a race handsom and beautiful; Imen the females, descen∣ding of Villiers or Beaumont; either matched with Peers or with the Sons and heirs of Earls, or with Knights of plentiful con∣dition; 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 sholdered up by any of them. And thus much, as a Preface to the History of him, hereafter du∣ring

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this Kings raign; wherein his actions are successively re∣membred.

But concerning his Mother, made a Countess. There are in England three sorts of honourable women;* 10.23 by Creation, De∣scent, or Mariage.

1. H. 8. created Ann Bullen Marchiones of Pembroke, before he ma∣ried her. So was Susan Widow, the Sole Daughter of the Baron of Abergaveny, created Baroness de le Spencer, Cambden 63. 6. So al∣so was the Lady Compton, wife of Sir Thomas Compton, brother to the Lord Compton, made Countess of Buckingham, with the see of twenty pound per annum, 18. Iac. And also the Lady Finch a Widow, created Viscountess of Maidstone, 21. Ia∣cobi.

2. Noble women by descent, or to whom dignities descend as heirs, are said to be honourable by Tenure; or those Heirs whose Ancestors were seized of an estate descendable to them in their titles of Dukedome, Earldome, or Baronies, or Heirs to Ancestours summoned to the Parliament.

3. And lastly, Noble Women are these, 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 La∣dies by the courtesie of England, but not in Courts of Judi∣cature.

So much for Noble Women.

In the Kings return out of Scotland,* 10.24 the people took occa∣sion to complain in common, and to petition in particular, That the freedom of Servants and Laborers, was extremely en∣slaved by their Masters pretended zeal and sanction against Ido∣lizing (as was pretended) of such days as ancient custome from General Councils, and the Church of England reformed, even to that time▪ had appointed to be kept Holy. Whereby after the olemnizing 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 so over-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 Politicque, by his own publick Pastimes.)

But in truth it came to be a business of consequence, to con∣sider, how the intemperate zeal of our then rigid Reformers, (to countenance their own design of deforming) strook at high∣er powers, through the peoples sides, in many matters, so in this also.

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For at first these pure conceited Men, quarrelled at the name of the Holy seventh day, called then, as of old, Sunday, which they would have named Sabbath, and thereafter would have it observed levitically, so strickt, 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 on Saints and Holy-daies, and at last against all sports and publick Pastimes, exercises in∣nocent and harmless, such were Leaping, Dancing, Running, or any Mastery for the Gaol or Prize, May-pole, or Church-ale, as debauched Idols.

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 Scot∣land, which the people observing, took occasion to themselves to petition the King in his return for freedome, and leave to be merry.

And thus by this means, this Mans [Monstrum Horrendum; the Church-mans Maskarado] was begotten, and brought to al∣lowance by command, in print to justifie the people in their lawful pleasures, though upon the Sunday after service.

This year died Edw. Talbot, the 8. Earl of Shrewsbury,* 10.25 without issue; and therfore it descended upon George Talbot son of Iohn Talbot of Grafton, Esq by Katherine his wife, Daughter of Sir William Peters, heir male of Sir Gilbert Talbot of Grafton second Son of Iohn Lord Talbot, second Earls of Shrewsbury, after the death of Gilbert and Edward Earls of Shrewsbury without issue male, who was this next year 1618. admitted by King Iames the ninth Earl.

But this man dying also without issue, the inheritance de∣scended upon the children of Iohn Talbot, brother to this George; which Iohn dyed and left issue Iohn now the eleventh Earl, 1652. He bears Gules, a Lion rampant, and a border en∣graled. Or.

Sir Walter Raleigh wearied with long imprisonment,* 10.26 and ha∣ving there spent his time well in the History of the World, made his petition more passable to the King, whose love to lear∣ning 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 head again, for in a jear, he said, That his whole History had not the like President, Of a Kings chief Prisoner to purchase freedom, and his bosome Favourite to have the Halter; but in Scripture Mordecai and Haman; mean∣ing Himself and Somerset. To which he was told that the King

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replyed, He might dy in this deceipt, which he did, and Somerset saved.

But in truth, he had a reaching and roving mind from his first rise,* 10.27 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 Countreys of America; up∣on no other ground to win belief but a pound of the Ore which he had from thence by the hands of Capt. Kemish his ancient Servant.

The King wondering at this man, why to hazard his future fortune upon the nice dispute with the King of Spain, whose Territory he must invade at his own perill of success, but yet gave him leave with his liberty, so be, that he broke not the Kings bands of Amity, which he had strickt rules and order to observe.

The French Lieger had been very earnest for his inlargement,* 10.28 with much affection to his deserts, and some design of Policy against Spain, wherein they two waded so far, as that the dis∣covery came to the Kings ears (not without intrenching (by the by) upon his Majesties honour) and several commissions from France, presented to him, to fit him to that purpose, wherein he was warily watcht, till it should ripen for further tryal, and at the worst, back-friends were to be put aboard, to bring him back again.

And having got Commission,* 10.29 and thereupon a company of his own Countrymen they imbarque with him in a 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 rhe Design being the River Oremque 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 information,* 10.30 the Miscarriages that might happen was alwaies 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 then of a prosperous jour∣ney.

And now to frighten Kemish, Raleigh threatens him with the Kings displeasure,* 10.31 which to avoid, sayes the Storian [The poor man pistols himself] and so no tales could be truly told.

He dead, the most minded forced their own and his return

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home, which he intended any where else, and so some of their scattered ships with him, more like a Prisoner than Comman∣der, came safe to Kingsale in Ireland, from thence to Plymouth, where no sooner on shore but he is taken into custody of Sir Lewis Stukely,* 10.32 Vice-Admiral of Devon, and conveyed to Lon∣don, and so to the Tower, with whom he deals for a sum of mo∣ney presently delivered to him to escape with him into France. Stukely yields to all, accompanies him by Water, where by the way to Gravesend (the Design of Stukelyes treachery in that, and so it prospered with him, being hanged afterwards for clipping Gold) they were seized,* 10.33 and he brought into the Tower, and not many daies after commanded to the Kings-Bench-bar at Westminster before the Lord Chief Iustice Mountague, where he was questioned upon the Records of his former Arraignment at the City of Winchester,* 10.34 and in answer to that, he was as∣ked what he had to say to his Sentence to dy like a Traytor.

His short defence was, Of being lately intrusted by the Kings commission over the Lives of some of his Liege people; was soon replyed unto, as insufficient, and he had judgement to dy the next day by the favour of the Ax;* 10.35 which he said (smilingly touching it) Was a sharp Medicine, but a sound Cure of all dis∣eases, as it proved to him then in his Ague sit, in the Palace yard at Westminster Octob. 1618.

It was indeed common discourse then that Raleigh knew of no Mine,* 10.36 nor was Kemish assured that the pretended Mine was of Gold,* 10.37 but that the piece of Ore, which he presented Ra∣leigh in the Tower, was falsifyed by dissolving some Gold ther∣in, 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 any 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 then [a false visard to out∣face the truth of his merit in that action,* 10.38 and thereby to weigh down Raleighs miscarriage.]

At his death he endeavoured to cleer some points which he knew lay on the Deck against him, His disloyal words of the K. 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, Manebat alta men∣to repostum.

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He said,* 10.39 his Accuser was a base runagate Frenchman, and per∣fidious, 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 got as far as Woolwich.

Thirdly, That the French Agent came often to him with Com∣missions 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 not deny, but traversed.

So then there were other businesses of a second charge, and confederacy, which made him lyable 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 interprete 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 Mortuus; The King was inforced (ex∣cept Attainders should become Privileges for all subsequent of∣fences) to execute him upon the former.

And concerning Sir Walters recovery of Queen Anns infir∣mity, for which he should beg a Boon, viz. [the re-examinati∣on of the 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; I shall answer as to my knowledge by the relation of some Ladies of her Bed-chamber, 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 Countrey, 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 Tomaze.

We will confess that all these exceptions may be had under Sir Walters hand, purposely so writ by him, to excuse the weak∣ness (or wickedness) of the event. For the truth is, the design though hatcht in a corner, was published on the house top, to purpose Contributers, otherwise he must conclude them Mad∣men or Fools. Nay, I can produce 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 to Gondamore.

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

It was (saith he) that last severe Letter from the Lords for my speedy bringing up, and the impatience of dishonour that put me in fear of my Life or perpetual imprisonment, which animated me in my late and too late lamented resolution to escape, if his Majesties mercy does not pitty my age, and scorn the advantage of my guilt, if his Majesty does not make difference in offences, proceeding from a life-saving natural-impulsion without ill intent, and those of an evil heart,

And if that your Lordship do not vouchsafe to become my Inter∣cessour, whereby your Lordship shall bind an hundred Gentlemen my kindred to honour your memory, and bind me for all the time of my life, which you shall beg for me, to pray for your prosperity, and to remain,

Your Lordships most humble Servant, W. Raleigh.

As to the value of that worthy Gentleman (from whose de∣scent of blood I am no Stranger) certainly we may yield to him as much or more then is described by his Character,* 11.1 But then those excellencies, [natural wit, better Iudgement, and applau∣sable tongue, &c.] might in his long time of recess by imprison∣ment (through disuse of men and business) become uncertain grounds to Fabrick such Designs as the natural man (not sup∣plyed with inward grace) usually aims at, and therein is most∣ly deceived, such was he, his fate, and fall.

This year the King creates by Patent four Earls, Sidney Earl of Liecester,* 11.2 Compton Earl of Northampton, Cavendish Earl of Devonshire, and Rich Earl of Warwick.

Having paid the price, a good sum for their honours; so ear∣nest 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 honors, not usual here with former Sovereigns.

The miserable condition of sinful man in sundry Examples of these present and of former times,* 11.3 should mind us hourely to beg of God preventing grace, least we fall into Temptati∣ons of sin and Satan. Such have been the calamities of ages past, at present are, and will be to come; Stories of Theft, Ra∣pin, Murthers, and such like.

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One of wondrous note happened at Perin in Cornwall in Sep∣tember, a bloody and unexampled Murther, by a Father and Mother upon their onely Son, and then upon themselves.

He had been blessed with ample possessions and fruitful issue, un∣happy only in a younger son, who taking liberty from his Fathers bounty, and with a crew of like condition, that wearied on Land, they went roving to Sea, and in a small Vessel Southward, took boot 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 shore upon Rhodes, with the best of his Iewels a∣bout him; where offering some to sale to a Iew, who knew them to be the Governours of Algier, he was apprehended, and as a Pyrate sentenced to the Gallies among other Christians, whose miserable sla∣very 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 Misery and some skill made him Servant to a Surgeon, and sudden preferment to the East-Indies. There, by this means he got money, with which returning back, he designed himself for his Native County Corn∣wall. And in a small Ship from London, sayling to the West was cast away upon that coast. But his excellent skill in swimming, and former fate too boot, brought him safe to shore; where since his fif∣teen years absence, His Fathers former fortunes much decayed, now retired him, not far off to a Countrey habitation in Debt, and Danger.

His Sister, he finds married to a Mercer, a meaner Match than her Birth promised. To her at first he appears a poor Stranger, but in private reveals himself, and with all what Iewells 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 Cloths, 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 witn 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 work∣ing 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, and to spare for himself, and being very weary, fell fast asleep.

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The wise tempted with the Golden Bait of what she had, and eager of enjoying all, awaked her huband with this News, and her contri∣vance what to do; and though with horrid apprehension he oft refu∣sed, yet her pewling 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 Cloths till opportunity o convey it out of the way.

The early Morning hastens the Sister to her Fathers house, where she with signs of Ioy, enquires for a Saylor that should lodge there the last night; the Parents slightly denyed to have seen any such, untill she told them that he 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 re∣gret 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 tum∣bled 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 horrour and amaze, of this De∣luge of Destruction, she sanck down and dyed; the fatal end of that family.

The truth of which was frequently known, and stew to Court in this Guise; but the imprinted Relation conceals their Names, in favour to some Neighbour of Repute and Kin to that Family.

The same sense makes me therein silent also.

We have heretofore observed the Constitution of the Dutch Netherlands in favour of Vorstius and his Heresies,* 11.4 preferred at Leyden 1611. where he had a way of Wit and cunning to work into the peoples dullness, led on by countenance of sundry the powerful Ministers of the Provincial States, that now his Te∣nents were preached for Orthodox,* 11.5 and believed as Gospel, being mixed with those of Arminius, whose repute (following his death) Vorstius took up, and for the Masters sake, were nick∣named 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 Studients.

King Iames took care to prevent both, by burning the One, if they came hether, and forbidding the Other not to go the∣ther.

Peace and Plenty with them bred up these Schisms into as

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many factions, the old way to work designs and changes in State, both of the Gown and of the Sword. The one mightily ma∣stered by the wisdom of Barnevelt, the other commanded by the power of the Prince of Orange.* 11.6 This Barnevelt, was worthily descended, and well-bred; his travels abroad and Counsels at home, which his great age 70 years, gave time to ripen for ex∣cellent advice in the Magistracy and Council in the Army im∣proved 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 Fa∣ction, which got the name of 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 feaver 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 de∣sperate 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 coutroul. And therefore by way of Counsel (for pretended good of the Common-wealth) 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 was it not discovered untill Midsomer, But then perfectly understood. The Prince in secret with his Kinsman Count Ernest, and the best of his Confidents, leaves the Court at Hague, gives Intelligence of his Design to Col∣lonel Ogle Commander of the Garrison at Utrecht (the place of the others greatest strength) who on the sudden receives them in, surprize the Town and that State, in close Council. And at hand had the Garrisons of Arnhem, and others to master that part, and so other places of force, whom he suspected had fa∣vour with Barnevelts faction.

The snccess of this sudden expedition gave such authority to the Prince. that being returned in Martial manner, he seized Barnevelt, Grotius, Hogenbert, and other Confederates at Hague, and committed them to prison, upon pretence of Trea∣son; his power with the Army and interest with the States might do this and more.

Not long after Lydenburgh, Governour of Utrecht imprison∣ed, stabs himself to the death with his Trencher-knife; being

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assured that no innocency would prevail against force and ma∣lice: Yet Hogenbert and Grotius had sentence of miserable mer∣cy, in 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 Acces∣sary 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 able Divines of several Reformed Churches. King Iames in principal sent thither, Doctor George Carlton Bishop of Landaff, Doctor Ioseph Hall then Dean of Wor∣cester, Doctor Iohn Davenport Professor Regius in the University of Cambridge, and Master of Queens College there, Doctor Sa∣muel Ward, Regent of Sidney College in Cambridge, and Doctor Balcanqual a Scotish man (in particular to give honour to that Nation.) But in truth, and in esteem they were all of them, (and so other Foreign Divines of this Assembly) men of in∣comparable Learning in the Mystery of Religion; but where appeared no Opponents,* 11.7 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 one, so from thence and since Arminianism hath its increase. The Divines of England, not being obliged to their opinions at Dort.

For first, This Synod was Foreign and National, and there∣fore as a Synod could not bind us in England, unlesse it had been ratified, and imposed by Publique Authority here at Home.

Secondly, It was not an Episcopall Synod, neither was any Bishop President of it, or actor in it (quatenus Episcopus) and ther∣fore it was rather an Assembly of ptivate Divines than an Eccle∣siastical Synod, according to the rules of antient Ecclesiastical Dis∣cipline.

Thirdly, Our Divines concur not absolutely in Judgement with the Netherlands in all their Synodical Conclusions.

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

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

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    • 1. That they accord with the primitive Church touching the Ar∣ticle of Universal Redemption.
    • 2. That the promises of the Gospel ought to be proposed univer∣sally to all men.
    • 3. 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.
    • 4. It is consequent upon the former, that the work of Redempti∣on 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 Ar∣ticles and Doctrine of the Church of England, but none of the Foreign Divines of that Synod were of the same opinion, for they restrain this Redemption of Christ both in application and Gods in∣tentional offer meerly and only to the Elect.

    The Belgicke Confession is wholly confirmed by 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 Pres∣byterian Discipline is of Divine institution; and that all Ministers have equal Authority and Iurisdiction, and consequently condemn Episcopal Government, and the Ecclesiastical Policy of Our, and all other Churches, which imbrace not Calvins Plate-form of Lay-Elders.

    The antient custome of convocating Synods, or meeting of Divines for compsing Differences in Religion and Reformati∣on of corrupted Discipline,* 11.8 was from the very four Apostles meeting at Ierusalem, concerning the Gentiles observing Moses Law; and from that example in a Province or City, the Primi∣tive Bishops assembled at several times for 200 years then fol∣lowing.

    The peace and unity of the Church in CONSTANTINE gave ease for many Churches to communicate over the whole Empire, and was called in his time, The Holy Synod, and not long after, The General and Oecumenical Council, though the Empire was divided, Eastern and Western; and afterwards a∣mongst the Graecians from the Assembly of the five Patriarchs. And in those Kingdomes 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 Iohn Husse, and Ierome of Prague, from the Doctrines of Iohn Wickliff in England.

    In the time of Richard the second King of England, who ma∣ried Ann the Daughter to Wincelaus King of Boheme. And though he had no issue by her, yet the conversion of Boheme from

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    Popery may not unfitly be stiled the issue of her Mariage; for they that brought her hither, carried over Wickliffs Works, anno. 1382. to John aud Jerome; So then England was Grandfather of Refor∣mation, Boheme the Father, and Germany the Son. Their Doctrines were against the Popes Supremacy as Antichrist, they condemned Transubstanatition. He translated the Bible into English, and was burned in Leicestershire, the first man that suffered the fire of Eng∣lish Martyrdome, at fourty five years of age.

    About the year 1500. appeared the first occasion▪ amongst the Waldenses neer the Alps; In some Cantons of Boheme, 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, rather amongst themselves than communicable.

    In 1517. began Martyr Luther* 11.9 an Hermite Fryer in Saxony; that Covent being usually imployed to publish the Popes indul∣gencies, he spoke against the excessive abuse of the pardons in ninety five Conclusions at Wittenburgh, which Iohn Thesel a Dominican opposed in others at Frankford of Branenburgh, by Ecchius also and Prierius.

    And so controversie increasing matter of greater importance, they were faln 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 Legat Cardinal Cajetan at Ausburgh in Germany; who could not convince him, and in such policy, backed by some Princes, he appealed from the Popes Bull to a General Council.

    The same occasion of indulgence collected at Zurick provo∣ked Zwinglius* 11.10 a Canon to oppose Samson a Franciscan who prea∣ched for the pardons.

    These Reformers and their writings were examined and con∣demned by the Universities 〈◊〉〈◊〉 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 resol∣ving it, the effect followed first at Lovain and Collen.

    Luther and his Scholars did the like by the Popes Bull and Decretalls at Wittenburgh,* 11.11 and justified it by a long Manifest to all the World. And this caused a Diet at Worms, which exami∣ned him, and his answer moved the Elector and Others to fa∣vour his Doctrine; but was condemned as notorious Heretical by Imperial Edict. And by example so did the University of Paris.

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    Henry the eight King of England, born a second Brother, and therefore bred a Scholar, designed for the Arch-bishops See of Canterbury, writ a Book against Luther, and had his reward, and Title of Defensor fidei, though upon consideration of Lust and Policy, turned Reformer also.

    The like Dispute and Measure had the Doctrines of Zwingli∣us,* 11.12 and the rest, and so these differences increasing, did neces∣sitate another Diet at Norembergh, where disputes against the Reformers increased complaints against the Courtiers of Rome, and were reduced into Centum Gravaniana, and at the Diet at Spire as many more.

    The horrid plots between the Princes and the Popes, and ge∣neral distraction of Germany, and other parts of Christendome, and by the seeds of the Reformed Religion,* 11.13 at last to amend all, or make it worse, the Pope was forced to consent to call a Gene∣ral Council at Trent.

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

    At the Diet of Ausburgh, the Protestant Princes, fifteen, and thirty Cities, prefer their confession of faith of Luther, cal∣led from the place Augustine. The Cities also of Zwinglius do∣ctrine, presented their Creed, differing onely in the Eucharist, and at home were opposed by their Neighbour Roman Cities, and quarrelled it by War; wherein Zwinglius in the head of a Company sacrificed his life; for whom Oecolampadius a Mini∣ster 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 amongst Christi∣an Princes from the seeds of Reformed Churches,* 11.14 controver∣ted by several quarrels and Armies, and referred to several Diets, Colloquies and Meetings in Germany. It was then at last resolved of the holy Ecumenical Council of Trent (as the Roman Catholiques call it) Opening at Trent in Decemb. 1545. In the time of Pope Paul the third, Charles the fift then Empe∣rour, Henry the eight, King of England, and Francis the first of France, and ended Anno 1563. Eight Bishops of Rome lived and dyed during that treaty eighteen years.

    Our Countrey-man Campian that apostate, writes to the Uni∣versities in that Councils commendations.

    The Synod of Trent (saies he) the older it waxeth the more it will flourish, good God what variety of Nations, what choice of Bi∣shops of the whole world, what splendour of Kings and Common∣wealths,

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    what marrow of Theologues, what sanctity, what weepings, what Academical lowers, what Languages, what subtilties, what infinite readings, what riches of virtues, and studies, did fill up that Majestical sacred place?

    And so they amuzed the after age with counterfeit value of that Council, until that an Italian compiled a work of the par∣ticular ordinary Acts of that Council, wherein their practices to maintain the power of the Court of Rome, and to hinder the Reformation of their Eripus is plainly expressed. An excellent work written in the time of King Iames, and translated then into English 1618. if there were no deceit in the Writer (as I have heard it pretended) as that under hand he was a Protestant, and so partial.

    Having now of late 1652.* 11.15 with admiration beheld the hor∣rid broyls and civil Tumults (these thirteen years last past) in these Western Nations of Europe; how barbarously Protestants oppose, and massacre each other; whilest the Iesuit Projects, hiss at us by the ears. The Empire also, having gotten but a woefull booty by her more than thirty years wars, heretofore weakned her self with loss of six millions of Souldiers, besides others, men, women and children numberless. We in Great Britain having gained no better by our Civil Wars.

    The sins of Subjects hastening untimely fate, the Church delacerated, our own Nations disjointed and dismembred in e∣very part.

    These considerations might move us to cry to Heaven for an end of such Tragedies. The mysteries whereof, by sundry wri∣ters take rise from the fearful blazing Star, which appeared this year 1618.

    Longamontanus and Doctor Bambridge say, That this Comet appeared but twenty eight daies, for it was not observed in Den∣mark, nor in London before the eighteenth or one and twentieth days of November.

    But Puteanus observed it the eleventh day, and so appeared thirty seven daies; foreshewing that first the more Northern parts of Europe, then Great Britain afterwards, should feel the smart for thirty seven years; even from 1618. until 1656. And not onely these Nations, but the effects were to end upon all Europe; and why? mary because they neglect the downfal of Antichrist, ruin of Rome, destruction of the Order of Iesuits, and State of Papi∣stry; to make way for (I know not whose) fifth Monarchy, the Lion of the North.

    The matter of these Comets is variously described, being (some say) composed of wind and lightning; hot and dry; exhaled by the Sun, into the highest Region; and there (bordering the Element of

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    fire) is inflamed partly by it, and the whirling motion of the Hea∣vens. And this matter, whilst imprisoned in the Earth, produceth Earthquakes.

    If it ascend to the Middle Region, and be from thence beaten back, it turns to wind; if entring that Region, and being environ∣ed with thick Clouds, it flashes into Lightning; and if it passes to the upper Region, it becomes a Comet. And the common opi∣nion promotes them as Signs and Causes, prognosticating some dreadful mischiefs to the World, whereof Brightman foreshewed; who from Joseph Scaliger of Leyden, got some Notes of Greb∣neer, concerning those prophetical numbers in the twelve chapters of Ezekiel; the three last of Revelation, and the last chapter of Daniel, with some passages of Hosea and Zachary.

    But that excellent Manuscript of Johannes Bandensis de vita Grebnerii, declares all.

    In which that learned Astrologer brings reasons Divine and hu∣mane, why Europe for the space of thirty seaven years following this fearful Comet, should feel the Mutations of flourishing States as siuce it hath lately hapned in Portugal, Swedland, Bohemia, Denmark; Great Britain, and Ireland.

    However foretold; I am sure they and we feel the sad effects; and so have we mixed predictions, both Astrologicall and Di∣vine.

    Since the spiritual Sword was sheathed in England, which had lopt off the Serpentine heads of Heresie and Schism, It is more then wonder, how all these Sects in the whole world have with their prophecies (like devouring weeds) overgrown or choaked the seed of Gods word.

    The Millenaries dream of a Personall Reign of Christ upon Earth;* 11.16 How he shall descend 1666. and destroy all the Works of Darkess; that he shall keep quarter Sessions, and Goal delivery in his own person upon Mount Olivet; That in anno 1700. shall be the day of Iudgement,* 11.17 and that Iudgement last other 1700. years, and a thousand other such like Fancies, made familiar to us, by sundry mad-headed Millenaries; lately printed in 1642. 44. and 45.

    In anno 1650. comes another Opiniator, and tells us that this year saies he all Europe being in civil Wars which shall not cease till they have mustered an Army to destroy Rome anno 1666. Then that the Western Iews shall come into the Faith of Christ; and shall in anno 1683. convert the Eastern Iews (being the ten Tribes hid∣den invisibly in Tartaria and India) and these two Brethren shall ruin the Mahometan in anno 1698. aud so presently to be resto∣red to Jerusalem, and then follows the dissolution of all things, and not before.

    For my part (says one in anno 1650) I am a zealous adorer of

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    Parliaments, nor desire to censure the actions of our Representative yet will not promise the term of an age to our Novel Government (as hs terms it) but thinks verily a change toward the old Model is neer at hand. A pestilent Prophet if such should come to pass, and the whole effects of Grebneer follow after.

    And further this figure-flinger hath collected by way of Chronolo∣gy upon the principal passages in (Ezekiel and Revelations) Greb∣neers and Bandensis prophecies; where he observes out of the fourth Viol poured out, to be in anno 1605. when the Protestant Champi∣ons, Pareus, Polanus, Whitakers, Perkins, Andrews, and K. James, did power light upon the Sun of the Gospel against Bellar∣mine, Stapleton, Campian, and other Papists, Revelations 16. 8, 9.

    The fifth Viol (saies he) began powring out from anno 1630. by the Swedes in Germany 1632. then the English in England 1640. and combine against Papists 1648. and shall end in Romes ruine, 1666. and hath Scripture for that too, Revel. 16. 10, 21. and so goes on to the year 1830. where he leaves the faithful to expect Dooms-day.

    There are other Writers strongly encounter these poisonous pro∣phecies;* 11.18 That there is no certain predictions; that Comets do not alwais fore-run such events; nor do Events follow Comets, and in∣stance wonderful fruitful blessings after such signs.

    Peucer a Germain, prognosticated upon the Comet in anno 1583 and contrariwise followed a most calm Summer; no Prince dyed; no war, and the Plague in Lombardy then ceased. Gemma Frisius spaks of as many good as bad effects.

    And the Comet in Qu. Elizabeths time in Cassiopea, she being diswaded to look out of the Window upon it, she went forth to see it, saying, Jacta est alea, The Die is cast in Gods providence, not in Signes to be blasted with such beames, which had a ground in Nature, but no warrant in Scripture, to portend Mishap to States and Princes,

    But that which is most observable to me, is this, The Scripture, which relates remarkable things, mentioneth not one Comet, Bla∣zing Star, nor Ecclipse (but that miraculous Star at Christs birth) though no doubt many such happened in that space of three thousand five hundred years, but takes notice of other natural events less con∣siderable; and yet from the other we infer, changes of Empires, nay, Church and Religion.

    The Prophets never foretold of any Meteors, as not troubling their writings, with what could be foreseen by humane or natural means, For though Agabus, Acts 11. 18. foretold the Universal Famine twelve years after, in the time of Claudius Ceasar, yet he speaks not of the Ecclipse that fell then; for that might be foreseen of a natural cause, and was foretold by Astrologers, but not the famine

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    which could not be inferred by Eclipse, nor by any Comet, to pre∣sage evil.

    We grant natural virtues which reside in the Stars, besides en∣lightning; for they were created four daies after the light, to warm and give vigor and life, and such good things. And indeed those natural signs, are rather marks of Gods favour than anger, Stars do submission to Man; unhappy to none but such as believe them fatal and unlucky. Naturale est magis nova, quam magna, mira∣ri. And that Comet at Christs birth, was Nero's death. Cometes summe bonus aparuit, qui praenuntius fuit, mortis magni illius Tyranni, & pestilentissimi hominis, saies Tacitus.

    False Predictions prove true to them that fear them, that is our superstition. The other extreme is Epicurism, which admireth not Gods works at all. Continual custome without some change in natu∣ral things, becomes less regardful. God scatters intermixtures to force man to admire.

    The sacred Chronology shews Gods admirable measures in the dis∣pensations of time, more worthy than in the speculation of Astro∣logers. Nay even in humane History, more wise, than such Pre∣dictions; for certainly a good Historian deserves better than a bad Prophet.

    After the appearance of this Comet,* 11.19 the same year died Q. Anne. A lingring sickness and fulness of humours brought her to a dropsie, and for recovery, she for some years before fre∣quented the Bath, with continual Physick. But the disease come to the height, she took leave of this life at Hampton Court, Her Corps brought from thence to Somerset House, part of her Jointure, and at her proper charge lately rebuilt and beautifyed to this lustre it appears now; and by her desire called Denmark house, from the name of that Kingdom, whence she had her Birth. And not long after with sumptuous obequies she was intombed at Westminster Abby in the chapel of Hen. 7. ordained for Royal Interments.

    A good Lady she was,* 11.20 and Sister to the King of Denmark, fetcht from thence by King Iames with great affection to her person, and being a Stranger to these Kingdoms, with Pro∣vidence designed for her future fortune, she meded the less in Matters of State. A matchless pair, drawing evenly in all cour∣ses of honour, and both blessed with fair issue, because never loose from eithers Bed,* 11.21 abating that blemish, basely abusing her excellent virtue [for loving my Lord of Pembroke] a crime as false as odious in the Author, who yet concludes [her chara∣cter, a monument of virtue.]

    I may not leave the Reader at random in the affairs of the Kirk of Scotland.* 11.22 How they boggled with the King when he was lost there, and so left them incorrigible, never intending

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    to hazard his honour any more by granting General Assem∣blies. But he come home, unsatisfyed then, and after with their Synods, had sharply reproved them by Letters, which they excuse till one Assembly more might make tryal of their allegeance.

    The King gratious to be reconciled, adventures to grant them another General Assembly to be held at Perth, August 25. But enters upon them with this caution.

    That the affront offered his Royal self in the late meeting at Saint Andrews,* 12.1 gave him just reason to resolve never to grant any more General Assemblies, concerning the Churches policy; what he ha∣stily desired, and what they did was to do him injury; He is yet o∣ver intreated by their Bishops to permit a new Convocation, who are now convened for the self same business, as before. Advising the Bishops not to admit the wonted, ignorant, and unruly multitude to overpower the more judicious. He having placed them overseers of the rest in the chiefest Rooms.

    He dislikes not the advice of the whole, and the greater the consent the better his content. But matters of this nature (the Articles) may yet be enjoined without them, by his own authority, as an innate pow∣er by his calling from God.

    Perswade them they may, to induce them by discretion in their duty to Him, wherein he will not be delayed, nor satisfied with their shifts, from their simple acceptation of those Articles sent unto them, the necessity whereof had better becomed them all to beg of him, than he to propone the practice upon them.

    What and how many abuses were offered to him by the Ministers before he came to the Crown of England, can hardly be forgot, nor likes he much to remember, sufficient by their disobedience to have separated his affection from them; His patience for Gods cause for∣giving and forgetting foul faults; endeavouring to force from them better effects of his best purposes. He wishes that he be no more provoked, nor the truth of God which they profess any longer shado∣wed, under the Cloke of some of their seeming Saintlike holiness, shaking hands and joining hearts with such persons as by their tenents against Majestracy, uphold Popery.

    In sum, he craves God to witness on his part; and let the World now at last see, their dutyful obedience to their dread Soveraign; that so his care of their good may meet with zeal and affections in them, inferiour to no subjects of any Sovereign, and the glory of God and peace to his Church; which is his earnest prayer for them all, unto whom he now and evermore commends them.

    James Rex.

    July 1618.

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    We say not how much these might deserve from men holy minded, nor what tedious and weak Arguments, were reason∣ed; which needed such a defence, as was fain to be published in answer to a Pamphlet set out against them.* 12.2 But truly shame of their trifling, and fear to offend, produced these effects, from which yet in aftertime they fled.

    That seeing the memory of all by-past superstitious and idolatrous worship of the sacraments by Papists is long since abolished;* 12.3 There∣fore in reverence of God, and due regard of so Divine a Mystery, and in remembrance of so mystical an Union, they think good, That the sacrament be celebrated hereafter meekly and reverently upon their knees.

    If any Christian visited with sickness,* 12.4 and thereby unable to re∣ceive the Holy communion at the Church; and shall declare in his con∣science his sicknes deadly, & desire to receive the same in his house; the Minister shall not deny him so great comfort, there being three or four communicants to join with him, according to the Order of the Church.

    The Parents nor Pastor shall not defer the Baptism of infants lon∣ger than the next Sunday after the Birth,* 12.5 unless upon reasonable cause; nor shall they use private Baptism in their Houses, but when great need requires; and then the Minister shall not deny it, in the form as at Church, and the next Sunday declare the same, and that the infant ought to be received into Christs fold.

    That according to the primitive integrity,* 12.6 care was ever taken, for educating of children and catechising of them, now altogether neglected. The Minister shall therefore catechise them, and in the rehearsal of the Lords Prayer, Belief and ten commandments, as in the Church-catechism is used and expressed. And afterwards the said children shall be confirmed by Prayer and Blessing of the Bishop, for the continuance of the grace of God in them.

    That the inestimable benefits by our Saviours Birth,* 12.7 Passion, Resurrection, Ascension and sending down the Spirit, hath been at certain times remembred by the whole Church of the World; And therefore the Minister shall observe those times, and form his Doctrine according to the Text purposely to be chosen, and pro∣per for the day.

    These were thus obtained, proclaimed and obeyed, and to this day called, the five Articles of Perth, ratified in Parliament there, the next year, and the last Parliament of this Kings time; when a monstrous storm thickned the face of Heaven, and the factious sort said, it was a sign of Gods anger against those Ar∣ticles; others in derision of that sense, said, it was rather an ap∣probation from heaven, like thunder and lightning at the giving of the Law to Moses.

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    The Bishops had much ado to go on to Action, for Papistry be∣ing a Disease of the Minde, and Puritanism of the Brain, the Antidote of both ought to be a grave and well-ordered Church, to reduce them either simply or wilfully erring.

    But those that were refractory and factious, got the more of the mad crew, swarming to such to seek the Communion, and to receive their Doctrine, and those that would not, were excom∣municate upon every ordinary and frivolous occasion.

    Excommunication,* 12.8 the greatest Judgment upon Earth; that which is ratified in Heaven, a precursory or prelasory Judgment of CHRIST in the end of the World; and therefore not to be used irreverently, as an ordinary Process, derogate to Gods honour, and the power of the Keys contemtible.

    It is urged indeed not so much for the thing it self, as for the contumacy: and as God's judgment seizes on the least sin of the impenitent; so Excommunication may in case issue out upon the smallest offence, and not upon the greatest, in another case.

    But are these contumacies such, as that the party (as far as the eye of the Church can discern) standeth in statu reprobationis & damnationis, given over to final impenitence?

    It is therefore to be wished, that this Censure were restored to the true Divinity and use in cases of weight.

    To this purpose, a Bill was drawn in Parliament, 23 Eliz. the gravest Assembly of her time, and recommended by the gravest Counsellour, but for some politick Reasons was re∣tarded.

    We reade of three degrees of Excommunication in the New Testament, the first called Nidui, A casting out of the Synod, Iohn 9. 22. A separation from all commerce, society, eating or drinking with any person, from the Marriage-bed, from wash∣ing; and these according to the pleasure of the Judg, and quali∣ty of the offence, for thirty days or more: he may be pre∣sent at divine Service, to teach or to learn others: if impenitent, his punishment was increased, doubling or trebling the Sentence for time, or to his death. His male-children were not circumci∣sed. And if he died unrepentant, a stone was cast upon his Cof∣fin, as deserving to be stoned: and was buried without lamenta∣tion or ceremony, and not in common Burial.

    The second was called Cherem, A giving over to Satan, 1 Cor. 5. 5. It differed from the first degree, because it was not sen∣tenced in a private Court, but in the whole Church, and Male∣dictions and Curses added out of the Law of Moses. At the publishing Candles were lighted, and when the Curses were ended, then the Lights were extinct, even so the Excommunicate deprived of the Light of Heaven. And thus against the in∣cestuous person, 1 Cor. 5. 5. and against Himenaeus and Alexan∣der, 1 Tim. 1. 20.

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    The third was named Maran-atha, viz. The Lord cometh: and was instituted (they say) by Enoch, Iud. 14. An Excommu∣nication to death, and so the phrase, 1 Iohn 5. 16. There is a sin unto death, viz. to deserve Excommunication to death.

    In the Greek Church, four degrees of this Censure.

    1. Those, who were onely barred the Lord's Table, all other be∣nefits of the Church they might; nay, to stand by and see the Communicants, and therefore called stantes.

    2. But he is admitted into the Church, his place behinde the Pulpit, and must depart with the Catechumeni, such persons as were not yet baptized, and so might not pray with other Christi∣ans.

    3. Degree, admitted but into the Church-porch, to hear, but not to pray with others, and therefore called Audientes.

    4. Degree, such were onely permitted to stand quite without the Church, weeping and requesting those that entered in, to petition the Lord for mercy towards them, whence called Plo∣rantes.

    So then they say, Cain's Censure was the first, and the last Enoch's.

    The three sorts were borrowed from the three sorts of un∣cleaness, which excluded people out of the three Camps.

    • 1. Nidui, out of the Camp of God alone, those, defiled with the touch of the Dead.
    • 2. Cherem, out of the Camp of God and Levi, defiled of an issue.
    • 3. Maran-atha, out of all three Camps, God, Levi, Israel; defi∣led with Leprosie.

    From the Iews, Greeks, and Latines, took the degrees of Ex∣communication.

    The Emperour of the House of Austria,* 12.9 with interwoven Marriages of Spain, (as aforesaid) had so settled the Empire from other interests, that no obstacle interposed their excessive ambi∣tion, but their jealousies of the Protestant Princes and States, whom they intend by degrees to reduce; and in over-doing of this, began the German miserable Distractions.

    And because the Palatines too sudden accepting the Crown of Boheme was the immediat occasion, I shall let in the Reader into that story.

    The Kingdom of Boheme for many hundred years past, en∣joyed Sanctuary and Privileges, to impower the free election of their King, which is manifest in their Chronicles, in many Bulls of their Emperours, in their Kings Reversal Letters, and divers other Examples and Antiquities.

    Sundry practices have been against this free Election, but ne∣ver managed with more wiles than now.

    Page 479

    Matthias the Emperour two years before, had adopted Ferdi∣nand his Uncles Son his Successour, but not to meddle with So∣vereignty of a King, whilest Matthias lived: however, Ferdi∣nand thus far set forward:* 12.10 himself makes way to the Dignity of Boheme; and to prevent discovery from the incorporate Confe∣derate Provinces, who have Voices in the Election; he calls a Parliament forthwith, onely of the States of Boheme, with ex∣press denunciation, that in the Assembly, nothing should be con∣sulted, but the choice of a new King. The Electoral Provinces, nor their Deputies, nor Ambassadours, 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, nei∣thr State durst oppose.

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

    That the King of Spain, his Posterity, and Heirs, for want of Issue male of his Fathers 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 enfeoff strangers into each Province, and into the inheritances of those Royally descended, high-born, illustrious Families; and by which, as was then su∣spected (and since came to pass) he should easily seize the Digni∣ty of the Crown Imperial, and so abolish the foundation of the Golden Bull and Form of Empire.

    This while, the aged Emperour keeps Court at Vienna, King Ferdinand at Gref in Steria: the Government of Boheme conti∣nues in such Counsellours as Matthias left there, chosen Mini∣sters Catholick, who with the Arch-bishop of Prague endeavour to suppress the Protestants.

    The States Protestants assemble themselves to redress these in∣juries,* 12.11 backt with some Forces which they brought with them, and were opposed by the Emperour's Faction, whom they over∣mastered and flung his chief Justice Slabala, his Secretary Fa∣britius, and others out of a Window of the Castle, down into the Court; and being done in choller, excused by Apology to the Emperour.

    Page 480

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

    The Emperour* 12.12 as forward, commits the command of two Ar∣mies unto Count Buquoy and Dampiere.

    The Protestants counter-force with two Bodies, severally un∣der the Prince of Anholt, and under Count Thorn and Mansfeilt, skirmishing with different effects.

    Some Princes, King Iames and others interpose Mediations: and Ferdinand complains of the Bohemians obstinacy.

    They remonstrate former, undue Elections, and allege:

    That between a conditional King and his Subjects,* 12.13 there are re∣ciprocal obligations; the one Obedientia, the other Promissa.

    That he received the Scepter of the States, with thankfull re∣muneration, and royal grace to all; to satisfie the desire of eve∣ry 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 Silecians, and raised Terra Maria, against the Bahemians, sent for his own Army out of Steria, and pronounced the Protestant States of Boheme Traitors and Rebells, and declared himself Enemy to them all.

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

    That conditional elective Kings receive their royal Authority upon Oaths,* 12.14 their Sovereign 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 aliquibus Iuramentum meum violavero, Nullam mihi incole Regni, omnium∣que dominiorum unius cujusque gentis, obedientiam praestare dele∣bant.

    And the Chancellour usually tells them.

    Quandoquidem viderunt Ordines, Majestatem regiam, pactis con∣ventis stare nolle, non debere ait, ipsius Majestatem in malam partem interpetari, si Ordines obedientiam ipsius Majestate renuncient.

    These things thus a doing,* 12.15 the old Emperour dies, and Ferdi∣nand now King of Hungary and Boheme, and adopted Heir of the Empire, meets at Franckford, (by Summons) with the three Electors, Menz, Collen, and Trevours; the other three Silecia, Moravia, and Lusatia, failing in their persons, sent their Repre∣sentatives

    Page 481

    only, and so the Council chose him King of Romans,* 12.16 which the State of Bohemia disclaim, and of his being Elector as King of Bohemia, he never actually possessing the Crown. Their disentions could not lessen his Election to the Empire, yet they swore never to receive him their King.

    King Iames much troubled at these interruptions of Germany took himself to be much concened in the hazard of the Prote∣stant party,* 12.17 and the peace and danger of the Reformed Church, and therefore sent Hay, Viscount Doncaster, Ambassadour extra∣ordinary to mediate with the Emperour and Bohemians; but to little purpose; The Emperour by means avoiding to receive him, knowing his errand, being to paliate what was grown too high for his Reconciliation, and removed his Gests, when Don∣caster came but neer him; so whilest King Iames hunted at New Market; his Ambassadour coursed the Hare in Germany, but his business, through the crudity and raw initiation, took not the effect.

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

    The poor Bohemians in this strait, and finding K. Iames an Intecessor, thought it policy to bring him into the List; for having published their Declarations and Reasons,* 12.18 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 Iames consults with his Council, di∣versly affected to this Design of taking or refusing. Amongst them, see what our Arch-bishop Abbot ends to Secretary Nau∣ton, not being able to come to Council.

    Good master Secretary,

    I have never more desired to be present at any Consultation,* 13.1 &c. My humble advice is, That there is no going back, but a coun∣tenancing of it against all the world, with ringing of Bells, and making Bonfires in London, so soon as it shall be certain of the Co∣ronation. I am satisfyed in my conscience, the cause is just, having rejected that proud and bloody man, making that Kingdom not ele∣ctive, and when God hath set up the Prince a Mark of honour to all Christendom, to propagate the Gospell and protect the distressed. I dare do not other, but to follow where God leads.

    It is a great honour to our King to have such a son to be made a K. and me thinks I do in this, and that of Hungary, foresee the work of God; that by piece and piece the Kings of the Earth that

    Page 482

    give their power to the Beast, shall now leave the whore to Desolation as St. John saies.

    Our striking in will comfort the Bohemians, honour the Pals∣grave, strengthen the Union, bring on the Dutch, stir up Den∣mark, and move his two Uncles, Prince of Orange and Duke of Buillon, together with Tremvile a rich Prince in France, to cast in their shares, and Hungary I hope will run the same fortune, and for mony and means to support the War, Providebit Deus. This from my Bed; and when I can stand I hope to do better service.

    Geo. Cant.

    Sept. 12. 1619.

    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 Ambassadours 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 August 1619.* 13.2 and his en∣trance into Prague the last of October, and his Coronation four daies after. But instantly posts the Baron to King Iames in ex∣cuse of all, either of too hasty acceptance, and neglect of his fatherly advice.

    King Iames 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 Am∣bassadours to the Emperour, and to the States of the League and Covenant, not meddling with his Son in Law to advise or neg∣lect him.

    Of this errand two are sent in joint Commission to Boheme,* 13.3 Sir Richard Weston (after Lord Treasurer) and Sir Edward Con∣way, not long after Secretary of State: Ferdinand, upon the News of his New Rival in the Kingdom, hastens this Proscrip∣tion against the Palsgrave.

    We Ferdinando, &c.

    * 14.1 To all Electors, Princes, &c. But especi∣ally to the subjects of Frederick Count Palatine of the Rhene, Elector, &c.

    That Frederick Count Palatine of the Rhene, hath made him∣self head of that perfidious and rebellious crue of our Kingdome of Boheme, wherefore we proclame him guilty of High Treason, and Iterate Proscription, and of all the penalties, which by Law and Custome are depending thereon. We conclude him out of Our and

    Page 483

    the Imperial peace, and are firmly resolved to execute the said penal∣ties upon him, as against one pubickly proscribed an Enemy and Adversary to us, and the Empire. Commanding you under pain of Life, not to give him aid, succour, assistance, mony, provision, mu∣nition, openly or covertly.

    And whoever is in pay, his Complices or Helpers, to forsake his service, and that the States dependant, alliances, subject, 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 pro∣tection, 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;* 14.2 The Duke of Saxony for the Imperial Ban, with twenty five thousand Men reduced Lusa∣tia. The Prince of Anholt General, and Holloch Lieutenant Ge∣neral for Boheme, and with these (evenly powred) the war went on, in that Kingdom.

    And to make it famous through the Western World;* 14.3 Spino∣la forms an Army in Flanders, under Spains interest, but for that purpose, which King Iames suspected, and to be assured sent to Sir Thomas Edmonds his Ambassadour at Bruxels, to in∣quire (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,* 14.4 which proved fatal to the Palatinate.

    The Spirits of the English began to bustle, Sir Horace Vere being here, and somewhat rusty since the peace with Spain, associating his Nephew the Earl of Oxford and Essex (young and daring Spirits,* 14.5 saies one) indeed so young they apprehend no danger, and so ignorant they knew not how to avoid it. Ox∣ford the eighteenth 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 Eng∣land. Discended from the Earls of 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 be∣fore his own cote, 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

    Page 484

    to recover his former debaucheries, but how improved implicite credit was to expect the Tryal.

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

    But made they were made by Our younger Brothers to fight, and a Regiment onely was raised, not I believe imagined for a∣ny goodly effects, but to bandy with the Kings Wisdom, who though not forward in this unjustifiable quarrel, yet not without consel 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 con∣nived at, to try their intent, the good Earl of Essex had fifty brave fellows pinn'd upon him to pay them their pensions, be∣sides his compleat number of his own company. These two brave Captains with the rest, raw-souldiers, adventured with∣out fear under (indeed) the fame and fortune of that Right va∣lourous, and truly expert man of Arms, Sir Horace Vere their Colonell, who must needs indure with patience, the toil he had to make them good Souldiers.

    Spinola had got the start,* 14.6 yet the English got 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 con∣duct of Prince Henry of Nassaw, with two thousand horse, and four hundred Musqueteers.* 14.7 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 Franckford, the 24. of Sep∣tember. 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,* 14.8 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 fright∣ned 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, dis∣posed

    Page 485

    their necessities to several Garrisons,* 14.9 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 fight, and so came home again.

    In this mean time the two Generals encounter,* 14.10 Anholt for Bo∣hemia, had the better, and scattered Bucquoys main Body, this was in the Spring. But in Autumn it fell out otherwise, for whiiest Spinola and the Princes were hunting each other on the Hills, the Duke of Bavaria joyns with Bucquoy and Tilly. An∣holt and Mansfield got between them and Prague, but the Ene∣my breaks through, and routs the other into confusion and flight.

    Anholt and Holloch, the first that led to the King of Bohemia at Prague, and the next morning the ninth of November, they all fly for succour, the King and Queen with both our Ambas∣sadours, Weston and Conway,* 14.11 as far as Limburgh, in their way to the Netherlands, and the Ambassadours by safe conduct re∣turned 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 to the Em∣perour,* 14.12 so does Anholt, 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 them to offer him peace, which he accepts.

    Whilest King Iames sends to the Emperour by Ambassy of Sir Henry Wootten a Man fitted for Negotiation by his often imployments to Several States and Princes,* 14.13 and thus qualified he hath his Commission, passes by the Duke of Lovain in tran∣situ (for I find not he had any Credentials to him) onely confers the Kings Christian intents, as one cumbred with the sad events of the Germane Troubles on this side; and the French intents on the other, and so not improper for the King to study the pas∣sages of both.

    And out of his particular Commission to others he frames general Agruments to him,* 14.14 of the Kings innocency in the be∣ginning of the Bohemian business, and his impartiality ever since, and so rendered his Master the first Mediator therein, be∣ing 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,* 14.15 more he could not get out of him.

    His next was to the Arch-Duke Leopold (of the Austrian fa∣mily)

    Page 486

    to him he had Letters, and tells him, That King Iames was cleer of all foreknowledge or counsells in the business of Bohemia, and also of the Pdlsgraves preceding practice, till it was laid upon him.

    That his Master continued equal to both parties, and was troubled, that there should be so great preparations for inva∣ding the Nether Palatinate, being the Patrimony of the Kings Descendants, no way commixt with the affairs of Bohemia.

    Perswades the Arch-Duke, as a Personage of power to keep those that were in action, from such precipitation, as might pre∣clude all mediation of accord.

    He was answered, with the Arch-Dukes protestation; That he believes the Kings cleernes, but of the Palsgrave he much doubts, accusing him of practice with the Bohemians, at the Emperours Election at Franckford, and more foully (said he) to introduce the Turk into Hungary.

    And conceived, the Marquess Spinola might have some aim upon the Lower Palatinate, assured the Emperours inclination to accord, but never without restitution of the usurped King∣dom; a loss not of easy concoction, especially by the Palatine his subject.

    And excused the Emperours levies, for that there were like∣wise some English forces, designed, towards that place out of England, which was no fair way, if King Iames intended a Treaty.

    It was replyed by Wootton, That true it was, the Kings peo∣ple, 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; he answered, he had no particular form of Accord to propose to the Emperour, 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 Ulme,* 14.16 who pro∣fessed themselves in Newtrality, for it might be uncivil (they said) to offer their Counsels, where such Kings imploy their Wisdomes and Authority; they would only contribute their prayers.

    The Duke of Wittenburgh,* 14.17 made large professions towards th King of Bohemia (as he called the Palatine) of whose cleer∣ness from practice, he could vindicate; for visiting him pre∣sently upon his Election, he found him perplexed even to tears for to accept of the Kingdom, he was lyable to suspition, as to ambition, and if he refused, he feared the people would

    Page 487

    call in more then Christian aid, to the effusion of much bloud. And professed that no Prince of the Empire, should exceed his affection to defend the Palatinate, with all his power by bond of consederacy, and reason of State, lest any Stranger should neighbour him.

    He had likewise Commission to the Duke of Bavaria,* 14.18 whom he found in actual arms about Lintz. in the Upper Austria, and the Emperour at Vienna, with no success in those Messages.

    Yet still King Iames hoping that time it self,* 14.19 and the expe∣rience of vexation, might in some degree mollifie their affecti∣ons, better to digest difficulties, he never refused by Ambas∣sies to both sides, and to all other the intervenient Princes and States, to attempt that high work of Peace first; and then af∣terwards of Restauration of the Palatinate, by other waies and means.

    The times when these Negotiations set forward, were usuall in the Kings progress or retirements from London to his Sports (as was conceived) but they were then chosen abroad for bet∣ter leasure of business, even then when Kingdoms were in dis∣pute. An art he had thus to cover his weightier Meditations, for most of his Dispatches were concluded in his hunting jour∣nies.

    Prince Charls now grown man;* 14.20 the King had disposed to a Treaty for his Marriage with the Infanta of Spain (some while since) and Sir Walter Aston, sent thither Lieger to fit corres∣pondence, and now conceived not improper to induce the re∣stauration of the Palatinate by that means.

    However, it may be observed the evil success of all our for∣mer medling with that Nation in matters of marriages, so ma∣lignant, and disagreeing with ours.

    Let us ravel back to the memory of the Black Prince, a person of the greatest performance that Christendome can parrallel. 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 In∣heritance there, and his health ever after, his body either cor∣rupted 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 Marriages of Henry the eight) were alwaies unhappy.

    Prince Arthurs 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,

    Page 488

    she adventuring to marry there also, this discontented Nation; fell into insurrections, Treasons, Wiats Rebellion, and there∣fore her Husband Phlip, suspecting the future effects, forsook her; who lost Callis to the French in six daies that the English had enjoyed 200. years; but altogether, broke her heart, and she dyed.

    Now to parallel these foreign Matches with those at home to our own Subjects, the first being by Edward the fourth, and the last with Henry the eight, 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 ne∣ver could produce greater examples of Happiness to England, until this of King Iames, who brought hither them both with him.

    But for settling affairs at Home,* 14.21 for his purpose abroad, he resolves of a Parliament [which he had thought (saies one) to lay them by for ever as incroachers upon his prerogative,* 14.22 and diminishers of his Majesties glory, making Kings less, and subjects more than they are.]

    Certainly he had good intelligence from the Kings thoughts or else the Man had a Devilish revelation, to prophesy the ef∣fects, for such they proved to be afterwards. But in truth, the people were grown high fed, with plenty and peace, and pre∣tending their zeal for regaining the Palatinate, were wilde for a War, with any body for any thing.

    The King willing to let blood in that vein, meant to make it his purpose, and to get money to boot.

    Some sheets of paper together, is wasted by Our adversary to let in his Reader into that Parliament, [he saies, That for the Spanish faction was Arundel, Worcester, Digby, Calvert, Weston,* 14.23 and others Popishly affected, with Buckingham, and all his Train.

    The Duke of Lenox, Marquess Hamilton; and Earl of Pem∣broke, their Antagonists. Such and so few were they, not in anger against the King, but against his Ministers (a plea evermore bor∣rowed by practical people against their Sovereigns Proceed∣ings.)

    The Papists flourished by Gondamores power with the Ladies of England, their Nieces and Daughters, presenting him in their Balconies in Drury-Lane, and the Strand (long before any were quilt in those places) and himself in a Litter; but was only accost∣ed by the Lady Jacob with a gaping Yawn, telling his servant that came on the Errand to know the meaning, that she had a Mouth to be stopt too; which Gondamore closed with a present.

    That this Lady was a Bawd to the beauties, and poor fortunes of young Gentlewomen, whose parents sent them up hither for prefer∣ment,

    Page 489

    and saies, that for respects to their posterities he will spare to name their persons. It seems, he was Pimp-Major to them all.

    How does this di••••ecting become his grave Proeme (if it be his own) where he saies, Histories are like Anatomies; if igno∣rance or malice attempt to hack, hew, or bespatter it, it will be most inhumane, &c. And so dissect and open their own follies, &c. They must not cauterize and flash with malice, &c? Therefore he that cen∣sures others, and vents them for truth, digs in the bowels of ano∣ther, and wounds himself. And yet (as he saies) though he fly high and may rove, he is sure not to light far from the mark. So he there in his proeme.

    He goes on in his History,* 14.24 and tells us, That the Earl of Buc∣kingham, now Marquess rules all, That the King bought of Wor∣ster to make the Marquess Master of the Horse.]

    But in truth, that antient Earl being Chamberlain also to the Queens Houshold, could not attend that service, and wait abroad upon the King, and it was therefore his own suit, and Buckingham paid him for parting with it, and so was made Master of the Horse.

    The place of Marquess is the next in honour to a Duke,* 14.25 the title came but of late daies, the first was by Richard 2. upon Robert de Vere Marquess of Dublin; and so it became a Title of honour; for before that time, they were called Lords Marchers and not Marquesses. After the Conquest (as in policy) they were resident upon the Confines and Borders of the Welch, and other places not subdued; Men of valour, of high blood of the Normans, with the name and privileges of Earls of Che∣ster. And for the Nort Borders of Wales to be Count Palatines. And the Barons of the Middle part of the South-Marches were adorned in a manner with a Palatine Jurisdiction, having a Court of Chancery, and Writs among themselves pleadable, least their attendance abroad might be prejudicial at home. And as for the other part of the South-Marches, they seemed sufficiently, defended with the River Severn and the Sea.

    By these Ascents our Marquess Buckingham climbs to suc∣ceed at this time a good and gallant old Earl of Nottingham Admiral, who being almost Bedrid, made Suit to the King that he might dispose of his place, as a Legacy in his life time upon Buc∣kingham; which was so done, and who to my Knowledge went in person to him, and acknowledged the kindness, and his young Lady was presented with a Noble and valuable Reward 30001. besides a pension of one thousand pound per annum during his life, and this was done with so much love and liking, that I have often observed Buckinghams great Civility ever after, at meetings to call him Father, and bend his knee, without the

    Page 490

    least regret of that Lord, that gained more by the bargain. And because Sir Robert Mansel, a dependant of Nottingham, had the place of Vice-Admiral, at pleasure only; Buckingham, for his Lords sake continued him so by Patent during his life; for which courtesy the good old man came himself to give thanks (as I remember) the last Complyment his age gave him leave to present. And thus was this office of honour, and safety to the Kingdom, ordered from the command of a de∣crepit old man, to a proper, young, and active Lord, streng∣thened with the abilities o an experienced Assistant, without deserving qurel of our carping Pamphleter.

    Ater Suffolk,* 14.26 the weight and charge of the Treasurers Staff, was conferred upon the Lord Chief Justice Sir Henry Mountague Viscount Mandevile, Son of Sir Edward Mountague of Bolton in the County of Northampton (Son of another Sir Edward like∣wise Chief Justice) who had three Sons, Edward the eldest, Knight of the Bath, bred up in the Wars, a faithful Noble stout Commander. Iames that reverend, eloquent and learn∣ed Bishop of Winchester, a man so highly in favour and esteem with this King his Master, that he had the honour of the Bed∣chamber, which no Prelate ever enjoyed from any King. This Henry was created Baron of Kimbolton, Viscount Mandevile, and Lord Treasurer in 1620: Afterwards Preident of the Coun∣cil, and the first year of King Charles Earl of Manchester, and Lord Privy Seal, and dyed after the entrance of the long Parli∣ament, 1643.

    A man of singular learning in the Laws, his Wisdome and experience deserving those high places of Trust and honour. He married three wives, Katherine the Daughter of Sir Willi∣am Spencer in Oxon, by whom he had five sons and four daugh∣ters; Edward the eldest Viscount Mandevile, Knight of the Bath, Walter, Iames, Charls, and Henry. His second Wife Ann Wincol of Suffolk, Widow to Alderman Holyday, Lord Major of London, by whom he had issue. His third Wife was Daughter of Iohn Crowch of Cornbury, in the County of Hart∣ford, Widow of Iohn Hare of the Court of Wards, by whom he had issue George and Sydney, men of eminent vertues now li∣ving, 1655.

    Our Historian tells us,* 14.27 of the swarming of Jesuits, That our Counsellors of State, and Secretaries, were Counselors to the Pope and of a Divelish Sermon before the King, which he (the Lyar) saw and heard (if the King did not) for Bishop Neal would always ingrosse the Kings ears with baudy Tales. This his Discourse, smells too rank (he saies) and craves excuse, having had hammerings and conflicts within himself to leave it out (and yet goes on with his baseness) and tells us, that this Bishops hand closed up the Countess

    Page 491

    of Essex's virginity, and that such like practices as these gave an after period to that Hierarchy.

    Then follows, [a Tale of the female Iesuitrices in England, an Order (he says) first framed in Flanders, by two women, Mrs. Ward, and Mrs. Twily, clothed in Ignatian habit, supported by three Fathers, Gerard, Flack and Moor, to preach their Gospel to their Sect in England, and two hundred English Damosels of great Birth and quality sent of the Errand, and for the truth of all pro∣duces a Proselyte Turn-coat, of any Religion, and every Trade, that tells this story in the Spanish Pilgrime, which our Adversary re∣cites to grace his History.

    The Iesuits indeed are bad enough, but to cope them with our Counsellours of State, and other Tales with no better Au∣thority, we may herein minde our Authour, Not to bely the De∣vil.

    Sir Francis Cottington, Resident in Spain, had the conveni∣ency three years before, to discover the affairs of those parts, and gave intelligence hither, of the increase of Pirates in the Mediterranean Sea,* 14.28 their whole Fleet then consisting of fourty tall Ships, of two hundred, and four hundred Tuns, in two Squadrons; the one remaining before Malago, the other a∣bout the Cape St: Maria, between Lisbone and Sevile. That within the Streights they entered the Road of Mostil, a Town by Malago; beat down the Castle, and had taken the Town, but for succour of Souldiers that came from Granado; yet they took divers Ships, and four of the West of England, two other of ours that ran on shore they burnt also; and absoltely per∣verting our Trade into Spain. These at Cape St. Maria, met with seven Sail of London, five they took, and two ecaped. They are usually manned with Turks and Spanish Moriscoes, and attend the coming of the West India Fleet, then commanded by Don Iohn Faxardo.

    Upon this occasion the State of Spain moved King Iames to joyn some Sea-forces for their suppression, as the common Enemy of Christendom. And indeed those courses of the Pi∣rates do but exercise the Forces of Spain by Sea, without any great hurt, the most dammage falls upon the Trade of Mer∣chants thither, of which the English will be the greatest num∣ber, and so of Sufferers. The last year the Hollander having leave of Spain, for certain of their Ships armed against the Pi∣rates, to have safe recourse thither, but instead of offending them, sold to Algier as much Powder and Ammunition as ever since hath furnished the Pirates Fleets. By which means now grown formidable, few Merchant-men escaping them; th strong Town of Algier upon the Coast of Barbary counte∣nancing their Thievery, and depending on the Turks Pro∣tection;

    Page 492

    yet so cunningly contrived; as not to be seen to protect them, that all Christian Ambassadours concerned herein, and complaining at Constantinople, could have no re∣dress.

    And therefore, it was now concluded to conjoyn Forces of Christendom to free that Sea. In so much that they in some fear eighteen of the chieest Pirates in the Levant authorized the Viscount L' Orme,* 14.29 and one De la Pomeray, Frenchmen, to search for their pardon, and to come in with all their Shipping, offering to the English (mostly concerned therein) for retribution of this grace, fourty and five thousand pound sterling; but this was nego∣tiated onely by their Emissary La Forest at Bruxels unto our A∣gent there, Sir William Tromall, on purpose to tempt us and the French, unto whom the like was offered, from joyning with o∣thers to ruine them, but was therefore attempted by all.

    And for the English was sent Sir Robert Mans•••• Vice-Admiral of the Narrow Seas,* 14.30 with a Fleet this year.

    And arriving in May with expectation of other Assistants, they all failing to any purpose, his noble heart disdaining to re∣turn without Attempts. He first furnished two Prizes (which he took by the way) three Brigandines, and a Boat with Fire-locks, and combustible materials for buning the Pirates Ships in the Harbr, (who were all come home from Sea, and got in for safety within the Mole) Mansel having trained his men in the executi∣on of their several Du••••es, and likewise appointed a Squadron of Boats with small Shot to rescue the Vessels of Execution both in the Advancement and Retreat.

    The 21. of May, the Vessels of Execution were all advanced, but by reason of contrary windes were presently commanded to retire.

    The next two nights, being likewise in readiness they were becalmed, and could execute nothing.

    The fourth night, with a fair Gale being advanced again, and the Fire-ships, almost recovered the Mouth of the Mole, the winde turned to the opposite point of the Compass.

    The Boats performed their Direction in towing the Ships, but considering, that by continuance of this course, they should expose our principal men to hazard, by the Ordnance and small Shot that played upon them, they debate therefore amongst themselves what to do. Captain Hughes that commanded one of the Brigandines, replied, Go on, and give attempt by the Boats, which they did, crying out King Iames, and fearless of danger, even in the mouth of the Cannon and small Shot, which showred like Hail upon them; the English fired the Ene∣mies Ships in sundry places, and maintained the fight to the delight of their fellow-shipping that were lookers on, so long

    Page 493

    as powder remained; striving in the end, who should have the honour to come off last, which was left to the Captain Hughs, and so retired only with the loss only of 20 men, and leaving the fire flaming up in 7 several places.

    The cowardly Turks, who before dur•••• not shew themselves to these weak forces, but from the Walls and tops of houses, so soon as the English were retyred, opened their ports, and sal∣lied out a thousand, and so by help of Multitudes and a sud∣den shore of rain, and a calm, the fire was extinguished, making some of their Ships unserviceable.

    In which time of Service only one Frygat came out of the Moal, which was forced back upon the Shore; sunck one of their best men of War, being manned with one hundred thir∣ty Turks, and twelve Christians, whereof twelve onely es∣caped.

    And took also a Fly-boat (which the Pyrates had formerly taken from the Christians) which was sold to Leghorn, her mer∣chandize to be exchanged for Pyrats goods, and some money, above two thousand pound Sterling. The Turks manned out 3. Gallies to rescue her, but were beaten by the help of the 3. Bri∣gandines, sent out to her succour.

    Ten daies together the English attended opportunity to send in the Ships with the fire-Works, to finish the former service, done by the Boats, but not a breath of Wind happened fitting for the Work, So that in this time the Pyrates had boomed up the Moles with Masts and Raffs, and set a double Guard upon all their Ships planted more Ordnance, manned out twenty Boats to guar•••• he Booms, and sent out Gallies and Boats for Intelligence hereof, East and West-ward to all Ships abroad, not to come in during the English abode; which made Mansel retire, with all his Ships and Merchants assisting him, into the Road of Alegant, where he received Order from hence, over land to return home and to intrust four of the Kings ships into the hands of Captain Rogers; and not long after the Plague and infection possessing his Fleet, he was forced to return home, without any other assistance.

    The time come and Parliament sit in Ianuary; The King enters them thus;

    My Lords, and you the Commons,

    CUi multiloquio non de est peccatum.* 14.31 In my last Parliament I made long Speeches to the lower House; I have piped to you, and you have not danced; I have mourned, and ye have not la∣mented. And wills them to apply it to themselves, not to spend long Speches. That a Parliament is composed of a Head and

    Page 494

    a Body; the Monarch and Estates; first a Monarch, then after a Parliament (No Parliaments but in Monarchies; for in Venice, and Netherlands theres none) and Parliaments duties is to treat of Difficulties,* 14.32 and to Counsel their King; To make Laws for the Common-wealth, and the Lower House to petition the King, with knowledge of their grievances, but not to meddle with the Kings Prerogative. They are to supply his necessi∣ties, and he in recompence, distributes his Justice and mercy.

    It is the Kings Office to make good Laws (whose fundamen∣tal is the peoples ill manners, and so at this time, new abuses and incroaching Crafts.

    The Religious Laws are enough, consisting only of Perswasi∣on and Compulsion; and Gods blessing: Priests, Puritans and Sectaries, errours of the right and left hand, are forward e∣nough their way. Let Bishops be as bold by good examples and preaching, but compulsion binds the conscience.

    There is talk of the Match with Spain: However he will ne∣ver proceed but to Gods glory and Subjects content.

    And for their supply of his Necessities; tells them of their eighteen years peace and plenty, and yet he hath received far less assistance than any King since the Conquest. Queen Eliz∣abeth had communibus annis, above one hundred thousand pounds a year in subsidies: and he had in all his time but four subsidies and six fifteens, and it is ten years since he had any; that he hath been sparing to trouble them, or to spend himself, abated in his Houshold, in his Navies, and Munition, changed an old Admiral for a young Man, whose honesty and care hath lessned that charge.

    Tells them, he is not the Cause of Dissentions in Christendom but rather sent Doncaster to appease them,* 14.33 at the charge of three thousand five hundred pounds. His Son-in-Law sent indeed for his advice, and accepts the Crown three daies after, which the King never approved of for three reasons.

    • 1. Religion, not as the Jesuits to dispose and overthrow King∣doms, but with our Saviour to uphold.
    • 2. He was no judge, and ignorant of those laws, Quis te ju∣dicem fecit?
    • 3. That he treated a Peace, and will not be party, yet he left not to preserve his Childrens patrimony, and accounts to them his Receipts for that purpose, and how disposed.

    He borrowed of his Brother of Denmark7500.l.
    And of his own added2500
    And sent this to his Son 
    And to the Princes to hearten them30000
    Total40000l.

    Page 495

    That had the Princes done their parts his handful of men had not failed,* 14.34 and now he must be fain to perswade, unless a strong hand assist, and purposes to provide a strong Army next Sum∣mer, and desires them to consider his necessities; qui cito, bis dat.

    And shews his equity to them, in course of Law never ob∣structing Jugement, by message or Sentence.

    Wshes them to consider advance of Trade, and why his Mint hath stood still thee nine years; confesses his Royal heart liberal in Grans; but being informed he will amend any grie∣vance; but yet he tells them, that who ever hastens after grie∣vances, and neglects all other business of greater moment, hath the Spirit of Saan; for himself will reform any errour; and desires that the world may speak well of their mutual agree∣ing.

    Thus much in effect the King told them, and which prepared their wild resolutions, to strike at Prerogative now, to under∣mine it,* 14.35 only by qurrelling with the Kings best Ministers and whilest these bandy in the Lower House; the King proceeds in his Publick course, concerning Germany, and forthwith sends the Lord Digy, extraordinary to the Emperour for a posiive answer for rendition of the Palatinate by force or friendship.

    These businesses abroad and expence at home brings him to accompt with his Exchequer,* 14.36 where he finds his Exits increased the Incomes, and intending the best Husbandry to piece out the expence, He changes his Treasurer Mountague, for other preferments of honour and profit, and puts in Sir Lionel Cran∣field [upon no other merit (saies one) but for marrying the Marques∣ses Kin] such Another saies more.* 14.37

    But I find him of an antient family in Gloucester-shire, and being bred a Merchant Adventurer of London, and other his extraordinary qualities, in that and other Commendable wayes, became useful to the State also.

    And first had the honour of Knight-hood, then the custody of the Kings Wardrobes, afterwards Master of the Court of Wards and Liveries, and now Lord Treasurer, and created Earl of Mid∣dlesex.

    Some busie Barons had gotten together a gang of Discon∣tents, of several Titles, and framed a petition, and their hands to it; with this General Title.

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    The humble Petition of the Nobility of ENGLAND.* 14.38

    SHEWETH,

    THat whereas your Majesty by importunity of some natural sub∣jects of England,* 14.39 hath conferred upon them Honours, Ti∣tles, and Dignities, peculiar to other your Majesties Dominions, by which the Nobility of this Realm find themselvs prejudiced. Our hum∣ble desire is, that with your allowance we may challenge and preserve our Birth-rights, withont any notice of those Titulars to our Preju∣dice; and to be excused to deny them the respect or place as to No∣ble men Strangers. Seeing that these being our Countrymen, born and abide here, have yet procured their Translation into foreign names onely to our injury.

    But in this address, we meddle not to limit or interprete the pow∣er of your Soveraignty (being the root whence all Honor receives Sap, under what title soever) to collate what you please upon whom, and how you please.

    The Subsigners were,
    • Oxford,
    • Essex,
    • Warwick,
    • Abergaveny,
    • Dacres,
    • Darcy,
    • Sheffield,
    • Crmwel,
    • Scroop,
    • Sturton,
    • St. Iohn,
    • Paget,
    • Dudley,
    • Spencer,
    • Say.

    The Barons indeed came behind, but few Earls had cause so to complain. And it was Say (I remember well) the Ring-leader of all, though the last in Ranck, and least in prejudice.

    But his prejudice and subtilty, steered the way to the rest, who having a loose Brother amongst them (perhaps many more) stole the Copy to the King, and betrayed their intentions, be∣fore it was well-moulded.

    The King wisely sent for them a sunder, and roughly told them, their Petition was sawcy, but ended humbly; conclu∣ding themselves, not to expostulate his power or pleasure, which if any of them sought to question, they should soon find the effects; but the first Man declined it, as brought in by the buy, and so did the second and third; the rest took pattern from their submission,* 14.40 and here was an end of that ranting Pe∣tition; for our Author would enforce belief, That the King pulled up his Spirits, when he told Essex, He feared him not with his fourty▪ thousand men; But the Proverb alludes in scorn to the

    Page 497

    folly of the French, Oh the King of France and fourty thousand men, and then with more disdam on Essex.

    Hereupon the Commons take example, and Petitions are framed,* 14.41 as from the people, but indicted by the Parliament: A custom which the Commons house in those times took up to make business, rather than be idle.

    And first they fall upon Patents for Inns, Ale-houses, Gold and Silver Thread counterfeit, (pretious matter to spend time, being now to quarrel with the Empire.)

    The last of them,* 14.42 Our Historian saies [was of sophisticate materials, engrossing all the Trade of that Ages vanity (onely in Gold and Silver Lace) and so poisonous were the Druggs of the Composition, that rotted hands and arms, with lameness upon the very work-folks, loss of their Eyes and Lives, by venome of the vapors that came from it] ah abominable un truth!

    The Patron of this Patent was an honourable Lord, though led aside by Instruments whom he trusted. Indeed a Pragma∣tick Lawyer, whose weakness in that Profession came behind the ordinary Practisers, and therefore he got a Privilege and Prerogative to be first heard at the Bar, and was nick-named Prerogative Pleader, until a witty Judge told him, he should have the first Motion, but not to be granted at all.

    Sir Giles Mompeson, the Patentee for Inns.

    Sir Francis Michel for Ale-houses, two corrupt Justices of the Peace. It were wished that they might have been the last of that race. But these Patents taking up more time in the Disquisition, than their serious business should permit, the King rouses the Lords to their Sentence of them with this Speech.

    MY LORDS,

    THE last time I inform'd you,* 14.43 the Verity of my Proceedings, ad caution, in passing these Patents in question, by way of Declaration, and now to expresse my desire, to have your sentence and execution, against Mompesson, who though he be fled, my Proclamation pursued him, and shall be as earnest to see your sen∣tence against him executed.

    And tells them his Reasons: 1. That there being a Politique Marriage betwixt Him and his people, he is in duty to God, tyed to the care of good government. And had these things been complai∣ned of before, he would have redressed them sooner: Remembring them what he hath often said, That no private person should be re∣spected before the publique good, not only of the whole Common∣weal, but even of a particular Corporation, that is but a member of it.

    Page 498

    2. That he intends not to infringe but to satisfie the House Li∣berties, for never any King did so much for them, and will doe more; and assures them that the Presidents of former good govern∣ment shall warrant them to him. Acknowledging them the Su∣pream Court of Iustice, Himself as present by Representation. And to add to their Honour; he hath made the Prince a member a∣mongst them: Professes the love and respect he hath received from the Lower House, in their proceedings. And always the like from the Lords, especially by relation of his son, of them all in general and particular; and the like (he said) by One that sits there, Buckingham, a proof whereof the Earl of Arundel wit∣nessed in his report to them, of the privileges of Nobility, how ear∣nest he was therein.

    Acknowledges the free gift of this Parliament of two Subsidies, and so accepted by him, which he will reribute by a General Par∣don, at the end of the Parliament, and will do somewhat in ease of the people till then.

    As for the Ale-Houses, he refers to the Iustices of Peace. For the Gold and Silver Thread, he damm's the Patent, which may serve for a Pardon to the Actors therein.

    Another Bill against Informers, he desires may be put to an end, for (he sayes) that heretofore he hath shewed in Starre-Cham∣ber his dislike of such people. And that Buckingham told him, that since this Parliament, he was not haunted with such spirits, as usually he had been vexed.

    Tells them plainly, he is assured, That this external Government for learned Iudges, and hopes honest administration of Iustice, and with Peace and Plenty, yields to every one safety under his Vine and Fig-tree; yet he understands his Subjects vexations by vile ex∣ecution of Projects, Patents, Bills of Conformity, and such like, which more exhaust the peoples purses than Subsidies.

    Then he comes close to the Lords, the effect of his errand, He advises them of their Iudgement; Agere bonum, & bene bonum is good proof before Iudgement. Bene is the formality and legality to advise with the Iudges, so the ground good, the form orderly, it will befit the Court of Parliament.

    The Sentence he observes in two parts; that which is worthy the Iudging and censuring; And secondly, to proceed as against these Delinquents, so against such like crimes. Complaints are of pas∣sion, justly distinguish, innocent from guilt, and do it legally; for Moral Reason supposes, breach of Laws, standing in force, other∣wise they punish by predestination.

    And concludes, against his late Atturney General, Sir Henry Yelverton Prisoner in the Tower, upon Sentence in Star-chamber. That he being accused besides concerning a Warrant-dormant; he freely delivers him over unto their Iudgement.

    Page 499

    Thus we see what the King sayes; But as in this Speech,* 14.44 so in all others of his, our Historian fails not to let in his conceit∣ed descant, not worth the Dispute, and excuses Yelverton, as he does all Offenders against the King.

    Sir Henry Yelverton was Atturney General, and by his place of Imployment, it was his duty to mannge the charge of Im∣peachments against Somerset, or any Subject whatsoever with∣out dispute, which yet he refused, as receiving that place by his favour; for which contempt to the Kings service, not without more than suspition of concealment of some passages concern∣ing Overburies death; he was for those reasons (and deservedly) by the whole Court of Star Chamber, unanimously sentenced, and so of course committed to the Tower, close Prisoner; where we are to be perswaded also by the Pamphleter,

    That the Lieutenant of the Tower Balfore,* 14.45 admits Buckingham to treat with him in prison, and then to piece out a peace between them both.

    Certainly, Yelverton had law to teach him (or any other Pri∣soner of Reason) that this was Treason in Balfore, and in Buc∣kingham also to attempt. And therefore to cleer it, Balfore himself hath since avowed to a Prisoner, sometime under his Guard, that there was never any such act done by Buckingham, or any other by his permission. But afterwards upon Yelvertons humble submission for his former fault, and his innocency (in some doubts) cleered from other suspitions, he was set at Liber∣ty. And in truth according to the merit of the Man, he was af∣terwards intrusted with the judgement Seat.

    But what was this secret information, which we are told he should tell Buckingham? That which the King spake in Parlia∣ment, viz. Not to spare any that was dearest, or lay in his bosome, by which he pointed to you, saies Yelverton (meaning Bucking∣ham.)

    And must Buckingham adventure his and the Lieutenants head to learn this news; which no doubt the Favourite heard before, being at the Kings elboe.

    And this discourse pretended by our Pamphleter betwixt Buckingham, and Yelverton in the Tower,* 14.46 our Historian him∣self, that passes by nothing to pick his cavils, suspects the truth thereof. But will nothing satisfy but Yelvertons own hand, see what he sayes in his Letter to Buckingham upon his return out of Spain? dated the fifteenth of March, 1623. Which we enter here.

    Page 500

    May it please your Grace,

    MY humble heart, &c. will be glad to expiate my errours at a∣ny rate,* 15.1 &c. Your noble Heart, (I hope) harbours no memo∣ry of what I gave distast, your own merits, which have so much enobled you, will be the more compleat. If I seek your Grace be∣fore I deserve it, enable me I beseech you to deserve that I may seek.

    If any, on whom you have cast your eye most, endear himself more to your service then I shall; let me not follow the vintage at all. Till this day I feared the relish of sour grapes, though I have sought you with many broken sleeps, but this Noble Earl (whose honour▪ for this work shall ever with me be second to yours) hath revived me with as∣surance of your Graces pardon and liberty, to hope I may be deemed your Servant. I protest to God, it is not the affluence of your honour makes me joy in it, not the power of your Grace, that trains me on to seek it, but let the tryal of your fortunes speak thus much for me, that I will follow you, not as Cyrus his Captains and Souldiers fol∣lowed him for Spoil or place, but if with safety to your Grace, though with peril to my self I may serve you, let me die if I do it not, ra∣ther than want longer, what my humble love ever led me to, and still to affect the honour to be,

    Yours, &c. Henry Yelverton.

    This if he were guilty, was very ingenuous, if innocent, most base.

    Sir Francis Michel, for his crimes concerning his undue Exe∣cution of his Justiceship of the Peace,* 15.2 is degraded the honour of Knighthood, and rode with his face to the Horse-tail through the strand.* 15.3 The same sentence had Mompeson of his Inns, but he runs away out of their reach as far as France.

    In this Parliament of searching the sores of Complaints ap∣pears the Chancelour Sir Francis Bacon to his censure for Bribe∣ry and Extortion, but to mollify the Sentence, he submits and supplicates the Lords in Parliament, and because you shall see what he could say, I shall set it down at length very witty and worth the reading.

    Page 501

    To the Right Honourable the Lords of the Parliament, the Vpper House assembled.

    The humble submission and supplication of the Lord Chancellour.

    May it please your Lordships,

    I Shall humbly crave at your hands benign interpretation of that which I shall now write, for words that come from wasted Spirits, and oppressed minds are more safe for being deposited to a noble Con∣struction, than being circled with any reserved caution.

    This being moved (& I hope obtained of) your Lordships as a pro∣tection to all that I 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 affection as I think a mortal man can endure honour be∣ing above life I shall begin with the professing of gladness in some things.

    The first is that hereafter the greatnesss of a Iudge 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 Iudges will flie from any thing in the likeness of corruption, without it were a great distance, as from a Serpent which tends to the purging of the Courts of Iustice and reducing them to their true honour and splendour.

    And in these two points God is my witness I thought it be my for∣tune to be the anvil upon which these two are broken and wrought, I take no small comfort but to pass from the motions of my heart wher∣of God is my Iudge to the merits of my cause, whereof your Lord∣ships are Iudges under God, and his Lieutenant; I do understand there hath been expected from me some Iustification, and therefore I have chosen one onely Iustification, instead of all others out of the Iustifications of Job, for after the dear submission and confession, which I shall now make unto your Lordships, I hope I may say, and justify with Job, in these words, I have not hid my sin as did Adam, nor consealed my faults, in my bosom; this is the only Iustification, which I will use.

    It resteth therefore that without Fig-leaves, I do ingenuously con∣fess, and acknowledge that having understood the particulars of the charge not formerly from the house, but enough to inform my consci∣ence and memory, I finde matter sufficient and full both to move me to desert my defence, and to move your Lordships to condemn and cen∣sure me, neither will I trouble your Lordships by singling these parti∣culars to which I think I might fall off. Quid te exempla

    Page 502

    juvant spinis de pluribus una? Neither will I promise your Lord∣ships to observe upon the proofs where they come not home, or the scru∣ple touching the credits of the Witness; neither will I represent to your Lordships, how for a defence I might in divers things extenu∣ate the offence, in respect of the time and manner of the guilt, and the like circumstances, but only leave these things to spring out of your more noble thoughts and observations of the evidence and exa∣minations themselves, and charitably to wind about the particulars of the charge, as God shall put into your minds, and so submit my self wholly to your piety and grace.

    And now I have spoken unto your Lordships as Iudges, 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 Iudges, but Parliamentary Iud∣ges, you have a further extent of arbitrary power than other Courts, and you are not tyed by ordinary course of Courts or Presidents, in points of Strickness, and severity, much less in points of mercy, and yet if any thing which I shall move might be contrary to your hono∣rable and worthy end, the entroducing 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 his Sons life for giving battail against the prohibition of his General; not many years the like severity was per∣sued by Papinius Cursor the Dictator, against Quintus Maximus, who being upon the point to be sentenced, was, by the intercession of some particular person of the Senate, spared; whereupon Livie ma∣keth this grave and gratious observation, Neque minus formata est disciplina militaris periculo Quinti Maximi quam miserabili, supplicio Titi Manlii; The Discipline of War was no less establi∣shed by the questioning of Quintus Maximus, than by the punish∣ment of Titus Manlius, and the same reason is in the reformation of Iustice: for the questioning of men in eminent places hath the same terror, though not the same rigor with the punishment. But my cause staies not there, for my humble desire is, that his Majesty would take the seal into his own 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 not I hope of favour and com∣miseration. Your Lordships will be pleased to behold your chief pat∣tern, the King our Sovereign, a King of incomparable clemency, and whose heart is inscruteable for wisdome and goodness. And your Lordships will remember there sat not these hundred years before a Prince in your House, and nevee such a Prince, whose presence de∣serves to be made memoriable by Records and Acts, mixt with mer∣cy and Iustice. Your selves are either Nobles (and compassion ever beateth in the veins of noble blood) or reverend Prelates, who are

    Page 503

    the servants of him that would not break the brused Reed nor quench the smoking flax. You all sit upon an high Stage, and therefore can∣not but be senseable of the changes of humane condition, and of the fall of any from high place.

    Neither will your Lordships forget, that there are Vitia Tempo∣ris, 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 might 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 affection, which I hope was not a light∣ning before the death of them, but rather a spark of that grace, which now in the conclusion will more appear. And therefore my humble sute to your Lordships is, That my penitent submission may be my Sentence, the loss of my Seal, my punishment, and that your Lord∣ships will recommend me to his Majesties pardon for all that is past. Gods holy Spirit be amongst you.

    Your Lordships humble Servant and Suppliant, Fran. St. Albons Canc.

    April 22.

    This Petition found the full effects, pity and compassion from all, procured pardon also from the King, with the loss only of his Peerage and Seal; for so weak a husband he had been to lay up any store for the future, that the King allowed him a pensi∣on to his death.

    He was a person compleat,* 16.1 of excellent parts and general lear∣ning, with that of the Law, as proper for that place as any man of the Gown.

    His merits made him so then, which his vices in continued time, and now, basely blemished, and he justly removed, to his private studies, which render him to the world full of worth. And with small charity of the Scorner, might merit the Bays before many men of that age.

    Indeed his Doom was designed by his Enemies as far as Scot∣land,* 16.2 at the Kings last being there, and such a distance, might deal some disadvantage to a Wiser Man. Yet the King at first intending but to let him loose, only to exercise him with the change of his chance, like as a rub to an overthrown Bowl, which proves oftentimes an help to the Caster, by hindering its course; but it fell out more fatal to him which lasted to the end,

    Page 504

    and thereby wrought its best use; In the midst of sufferings the bread of sorrow tastes better than the Banquet of fools; for afflictions brings such mens souls to be Saints at the Mark, which otherwise would be overgrown with too much Great∣nesse.

    His memorable abilities remain but in few, and his compas∣sionate infirmities common to all. To expiate which he did as became him to do to the House of Peers [prostrate himself] and sins,* 16.3 which ingenuously he acknowledged, promising amend∣ment of his life, and made it good to the Worlds eye. Those excellent works contrived in his retirement, do evidently ma∣nifest his wit and worth, with much regret to many good men, that such an one, should be fallen off from the face of State.

    In Bacons place comes Doctor Williams Dean of Westminster,* 16.4 by the Title of Keeper of the Great Seal of England, the same power and Jurisdiction as the Chancelour, see Statute quinto E∣lizab. which was not so besore. At first, but as Vice-Chance∣lour. Matthew Paris saith, Custodiam igilli Regii accepit Cance∣larii Vices Acturus & Officium, &c.

    He was also then made Bishop of Lincoln together to make him more capable of the Office; [brought in,* 16.5 sayes one, to serve turns, which no Lay-Man was bad enough to under∣take.]

    Former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-man, they best knowing a Case of Conscience, and antiently the Civil Laws were adjudged by the Ministers of the Church, and the Chancery, and other Courts of Equity, then in the charge of a Divine Minister.

    And therefore a mistake in the Record that sets it down as a Wonder, for an Arch-bishop of Saint Andrews to be made Chancelour of Scotland by King Charles [a thing (he saies) not known in that Kingdom for three hundred years before,* 16.6 for a Clergy man to bear that office] But we find Iames Seaton, and David Seaton, both Arch-bishops of Saint Andrews, and Chan∣celours of Scotland, within one hundred years space. And ma∣ny other Arch-bishops and Bishops within three hundred years, not only Chancelours, but Judges of the Law, Master of the Robes, and other Offices of Judicature; By which means, (their onely Bishopricks too poor) they advanced to degrees of wealth, enabling them to erect most of those sumptuous Fabricks of piety and Honour in that Nation, and so in Eng∣land by our Clergy, by this man also in some measure.

    So ran the Channel, till Bacons father had it from a Bishop, and now a Bishop has it again, and had King Iames lived to

    Page 505

    have effected his Desires, the Clergy had fixed firm footing in Courts of Judicature (out of the rode of the Common-Law) and this was the true cause of Williams initiation thither, his quality thus fitted for the Kings intention.

    He was in truth Chaplain to Buckinghams Mother, and let in∣to Court, parallel in some degree with Cardinal Richlieus en∣trance by Queen Mother of France, a Man may take view of these conformities, not few, if you consider proportions, what is allowed to the Jesuit must rebate of the Reformed, and what this man could not do in competition as the other, his aim she∣wed his will, but not the effect.

    But at his entrance into this Trust, comes two Bills signed from the King to be made Patents by the Seal; the one for a Pension of two thousand pound per annum, and the other for the Office of Earl Marshal of England, both of them to be con∣ferred upon the Earl of Arundel.

    The first (though with some regret in those unseasonable times to receive such large pensions), which yet he sealed, but took upon him to trench upon the Lord Treasurer Middlesex, (who willingly gave way to it) for which they both had enmi∣ty ever after.* 16.7

    The later he refused upon these Queries.

    1. Whether in the Delivery of the Staff to the Earl, his Majesty did not declare it to him for ease of the other Commis∣sioners that executed it before with him, and so to imply no in∣largement of power, which this Patent doth?

    2. Whether his Majesty means, that this Patent, leaping o∣ver the powers of the three last Earls, Essex, Shrewsbury, and Somerset, should refer only to Arundels own Ancesters, How∣ards and Mowbrays, Dukes of Norfolk, who claimed that place by Inheritance? the usual way and reference of Patents, be∣ing unto the last, and immediate Predecessor, and not to the re∣mote; whose powers heretofore in these troublesome times, were vage, uncertain and impossible to be limitted.

    3. Whether that this Lord, should bestow those Offices set∣tled in the Crown, as Sir Edward Zouches in Court, Sir George Reynolds in the Kings Bench, and divers others, all which this Great Patent sweeps away, being Places of Worth and Dig∣nity?

    4. Whether my Lord Stewards place shall be (for all his po∣wer of Judicature is in the Verge) either altogether extinguish∣ed, or at least subordinate to the Office? A point considerable because of the Duke of Lenox, who was Steward, his greatness of Person, and neerness of blood to the King. And here he claws him.

    5. Lastly, whether that the Offices of the Earl Marshall of

    Page 506

    England, and the Marshall of the Kings house (in former times distinct) shall be now united to this great Lord?

    A power limitted by no Law or Record, but to be searched out from Heralds, Chronicles, Antiquaries, and such absolute Monuments; and thereupon this sixty years (for Essex his power was cleerly limitted, only as Marshall) unfit to be revived by the Policy of this State.

    And by these queries the Patent was pared, which increased malice to the end of their Days.

    Certainly there is a difference between the Earl Marshal of England, and the Marshal of the Kings House: See Lambert Archiron, or of the High Courts of Justice in England.

    The Marshall of England, and the Constable are united in a Court, which handleth only Duells out of the Realm, and mat∣ters within, as Combats Blazon, Armory, but may not meddle with any difference tryable by the Laws of the Land.

    The Marshal of the Kings Houshold is united in a Court with the Steward, which holds Plea of Trespass, Contracts and Covenants made within the Verge; and that by the Laws, Articl. super Cart. cap. 3, 4, 5.

    The honour of Lord Marshal is so antient, as Thomas Lord Mowbray by Richard 2. was created Duke of Norfolk, and the first Earl Marshal of England, anno 1397.

    And so successively unto Iohn Lord Mowbray, who dyed the 15. of Edward 4. anno 1475. and had issue one only Daugh∣ter, married unto Richard Duke of York, second son of Edward the fourth, and was by his Father created Duke of Norfolk and Earl Marshall of England, murthered in the Tower, anno 1483 without issue.

    Then comes Iohn Howard (Son of the Daughter, and co∣heir of Thomas Mowbray Duke of Norfolk) and was by Richard the third created Duke of Norfolk, but not Earl Marshall. Nor was his Son Thomas, but Thomas his son was by H. 8. created Earl Marshal of England.

    Afterwards was Seymer by Edward the sixth created Duke of Somerset, and Earl Marshal of England. And after him came the Grand-child of Thomas Mowbray, and was by Q. Mary created Earl Marshal of England.

    Then Robert Devereux Earl of Essex made Marshal of England by Q. Elizabeth.

    And now this Thomas Howard Earl of Arundel, and the last Earl Marshall of England.

    But in time this Patent was divided, which his greatness in∣tended to swallow up whole.

    And because we have done with the Keeper and his Office,

    Page 507

    we will take our leave of him with this Character which here follows.

    His Acts of Piety to the ragged and ruinous Church of West∣minster, new clothing, warm and dry,* 16.8 adorned with the Sta∣tues and Structures of the antient English Saints, and in truth and merit, set up his Master King Iames amongst them. And though he sucked not the Milk of Oxford University, yet he founded a decent compleat Chappel to Lincoln College there, and erected the Library at Westminster, as also that Eminent Structure the Library of St. Iohns at Cambridge, where he had been Master for many years. He had a large heart to men of learning and Arts, and though his Stately gait, at a blush might present him to appear proud to the common Man, yet abating the nature of his Birth-place a Welch man, he was not so to con∣versation; for he made himself more familiar at the College School at Westminster, than at Court, not leaving that socie∣ty and Mr. Osbastons Company, for the consort of Courtiers at Whitehall.

    His bounty like that of Caesar, who gave gifts like a King, even to mean Beggars; witness a hundred pound gratu∣ity to Monsieur du Molin a Minister of France, to welcom him hither, when, in the Judgement of his Chaplain 20 l. had been sufficient.

    His blaze at Court lasted out this King, which by quarreling with Lawd the Arch-bishop afterwards, retired him to Bugden, where he lived the most Episcopal of any Priests his Predeces∣sours; how he fell from that, and other waies after, from worse to worst of all, evil example being no rule to a Prelates consci∣ence, we leave him dead to his last account, the time of Gods grace and mercy, 1652.

    Amongst the factious party of this Parliament, were a knot of discontents, well mingled for Mutiny, highborn; Ambi∣tious-bold, to bear out any complottings, which Subtilty sug∣gested, and Hypocrisie dissembled, and got in also the plain meaning man, and altogether to supplant Order of Church and State; Other Characters would be counterfeit; a Halter take him that would mistake them, a fitter line for his long story. In∣deed to busie these had been (junto of them) of whose disposi∣tion the King was justly sensible, and therefore thought fit to se∣parate their contrivings, and by proroguing the Parliament the 4. of Iune, till Novem. 20. sent them home during his Summers Progress, and this he did, sudainly to see what they would do, which, as he suspected came forth in Declaration, thus.

    Page 508

    The Commons fair Declaration to assist the King to recover the Palatinate.

    THE Commons assembled in Parliament taking into most se∣rious consideration; the present State of the Kings children abroad, and generally afflicted estate of the true Professors of the same Christian Religion (professed by the Church of England) in foreign parts, and being truly touched with a true sense and fellow-feeling of their distresses, as members of the same body do with an unanimous 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 world their hearty grief and sor∣row for the same; and do not only join with them in their humble, and dvout 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 Majestyes pious endeavours by Treaty to procure their peace and safety, shall not take that good effect which is desired in Treaty (wherein they humbly beseech his Ma∣jesty 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 that by the Divine help of Almighty God (which is never wanting unto those who in his fear shall undertake the Defence of his Cause) he may be able to do that with his Sword, which by a peaceable course shall not be effected.

    This is well said, and the King put them to Tryal sor assist∣ance in money, the sinews to help on the Treaty first, and for settlement of the future effects by the Sword in case the other failed.

    And sundry overtures and propositions amongst themselves somewhat resolving, then again declined, and as with the hou∣ses, the like between the King and them, that nothing was concluded in pursuite of their fair promises and specious pre∣tences, and so they part home to their Houses, and the King to his hunting.

    And in Autumn returns to Hampton Court, where meets him Digby; come home from his Ambassy, with Answers dilatory, and doubtful, and therefore commands him to declare the par∣ticulars to the Parliament, which was now set from his last Recess.

    He tells them,

    Page 509

    That his Majesty commanded him to account to them his Negotia∣tions with the Emperour, who upon advantage of fortune in the suc∣cess of Bohemia, hath invaded the iheritance of his Son the Pa∣latine; That he was directed to treat of Peace, which he seemed to incline to, but the Dyet in Germany being deferred, they both suf∣fered the delay by depending on it, and the Princes; in the end Re∣stitution was promised of the Palatinate, which was only granted by Commission to the Duke of Bavaria, until it should be otherwise set∣tled by Peace or War.

    That the Emperours Letters addressed him to the Duke, wishing his tractable condescent to terms of peace; upon which occasion he urged that he had authority from the Palatine, to cause Count Mans∣field to desist from War, and the like from the King to Sir Horace Vere.

    That the Duke answered, He had becalmed Mansfield with mo∣ney, who being at quiet, his peace was made. To which scornful re∣ply something (he saies) was answered; and so departed to the In∣fanta at Bruxels, who seemed to understand by the Emperours Let∣ters, his preparations rather for War than Peace, and would give no direct answer till she heard from the King of Spain; who (he confesses) stood at this tme cleerly a Newter; yet is he now prepared with five great Armies in motion, which will not misbecome the Wisdome of State to fear the worst, and therefore for the Kingsho∣nour, and his Sons right, he presumes they will contribute not only aid to the present support, but supply to invest his Son into his In∣heritance.

    But this, nor what else could be said by others, the true Mi∣nisters, and Patriots of State, could work ought out of the Parliament; for now, being put to it, they are hide bound; and yet have an excuse, That the King meant not to fight, for they were afraid he was forward in the Match with Spain, and trusted rather to treat that way; and therefore intend not to assist him with Money for a War abroad, nor support of his Wants at home.

    But to shadow over their resolve, they prepare to expostulate these distempers, and lay down a pretended way to the Reme∣dies, which the King understood by some of their own, asha∣med to assist in such thwarting courses, when necessity at home, and honour abroad called for speedy redress.* 16.9 And therefore the King in disdain to attend their slow Motions, leaves them to their lazy Committee, and whilest they are hammering out a Remonstrance, he took no leave but went to New Market.

    And there with regret of the unking Parliament, together with the Miseries of the Reformed Churches in Germany; the persecution of the Protestants in France, besieged in Rochel and Montauban, the one by Count Soissons and the Duke of Guise;

    Page 510

    the other by that King; and Doncaster sent thither Extraordina∣ry to mediate the Peace; which King Iames could not fight for with like Success, as usually words have prevailed with Swords; The King (I say) fell into deep discontent. Not∣withstanding our Calumniator here, as in all other the like pla∣ces [Loads the King with the loss of all] for not fighting without men or money.* 16.10

    [If the Kings spirit (saies he) had been raised up to a War when the voice of God, being the voice of the People called him to it, it might have hindred the great effusion of blood amongst our selves that happened after in his sons time.]

    The consequence of all our sequel Miseries he derives from this King, which truly then and after came from the Houses of Parliament.

    The King not so far off, but had his spies and Intelligence, with a Copy of the Remonstance, and thought to save them the labour, in a Letter to the Speaker, Sir Thomas Richardson.

    Mr. Speaker,* 17.1

    WE have heard, to Our grief, tha Our distance from the Parliament caused by Our indisposition of health; hath im∣boldned some iery and popular Spirits of the Lower House, to debate Matters above their Capacity, to Our dishonour and breach of Pre∣rogative Royall.

    These are therefore to command you to make known to them, that none shall hereafter presume to meddle with any thing concerning our Government, or Matters of State, with Our Sons Match with the Daughter of Spain, nor to touch the Honour of that King, or any other Our Friends or Confederates. Nor with any Mans parti∣culars which have their due Motion in Our Ordinary Courts of Iu∣stice.

    And whereas they have sent a Message to Sir Edwin Sandis to know the Reasons of his late Restraint, you shall resolve them, It was not for any Misdemeanour of his in Parliament; but to put them out of doubt of any question hereafter of that nature, we think our self very free and able to punish any Mans misdemeanours in Parlia∣ment, as well sitting there as after, which we mean not to spare here∣after upon any occasion of any mans; and if they have touched any points (which we have here forbidden) in any petition of theirs, which is to be sent to us, tell them (except they reform it) we will not daign the hearing, or answering.

    New-Market; Decem. 3. 1621.

    Iames Rex.

    Page 513

    But on the Parliament will; yet to sweeten the bitter Pill, they accompany another Remonstrance with a Petition, to this effect they are put together.

    Most dread and gratious Sovereign,

    VVE your most humble and loyal Subjects,* 18.1 &c. in the Commons House of Parliament, full of grief, &c. through the sense of your Majesties displeasure, expressed by Letter unto our Speaker, and read unto us; yet comforted with assurance of your Grace and Goodness to us, and of the sincerity of our procee∣dings.

    In all humbleness, &c. beseech the King.

    That their Loyalties may not suffer by mis-information of partial Reports, but rather to understand from themselves what their hum∣ble Declaration and Petition doth contain; the occasion of their con∣sideration of what is therein contained, and their intention.

    They beseech his Majesty not to give credit to private Reports a∣gainst all or any Member, until they inform him, and that they may stand in his Majesties good opinion.

    The Remonstrance runs thus in effect.

    That upon their last re-assembling, His Majesty did by three Lords impart to them these particulars following.

    That notwithstanding the Kings piety to procure Peace, the time is now come that Janus Temple must be opened.

    No hope of Peace nor Truce.

    Either the King must abandon his children, or ingage in a War, and so to be considered what foot, horse and money sufficient?

    That the Lower Palatinate was seized by the Army of the King of Spain, as the Executor of the Ban, then in quality of the Duke of Burgundy, as the Upper part was by the Duke of Bavaria.

    That the King of Spain had five several Armies.

    The Princes of the union disbanded, the Catholick League re∣mains firm, to the ruin of the others, whose estate was miserable. And

    That out of these considerations the Parliament were called to a War, and for supply for keeping forces together, to foresee the means for raising an Army against the Spring.

    And accordingly they did address to that service. And being now invited thereto, and not only to look after a War abroad, but also for peace at home, with the increase and insolency of Popish Recusants, urge us unto.

    The consideration hereof led them on, as incident and unavoida∣ble to touch upon the King of Spain, as relation to Popish Recusants

    Page 512

    at home, and to the Wars by him maintained against your Chil∣dren, but without dishonour to Him, or any of the Kings Confe∣derates.

    In which discourse they did not assume to determine, or to incroach pon the Sacred bounds of your Royal Authority, to whom, and in whom only it belongs to resolve of peace or War. But as humble sub∣jects to demonstrate these things to his Majesty, and humbly to lay it down at his feet.

    This being the effect of their resolves in their Declaration and Pe∣tition.

    They humbly desire his Majesty to receive them by those their Mes∣sengers with favourable interpretation, and to so much as concerns Papists, the passing of Bills, and granting his Pardon royal, that he will be pleased to answer.

    And concerning those General Words in the Kings Letter, Not to intermeddle with Matters of Government, or particulars which have motion in the Courts of Iustice; may involve those things which are proper subjects of Parliamentary Discourse.

    And that his Majestie seems to abridge them, freedom of Speech, and Liberty of Parliament, &c. they desire his Majesty, to allow them the same.

    And pray for his Majesty, &c.

    Twelve select Members are sent herewith, whereof Sir R. Weston was the leading Man intrusted to read them. And un∣till their return with some satisfactory answer, they resolve not to proceed to any business in the house, but muttering there was, though they durst not speak out.

    The King understanding the silent humour of their Action, and being yet desirous to have the time better husbanded, Christmasse being at hand commands his Secretary Calvert to deliver this message to them in Speech, and afterwards in Writing.

    His Majesty remembring that this House was desirous to have a Session between this and Christmass,* 18.2 it pleased him thereupon to signifie unto us, that we should have contentment herein, and that there should be a Session, if we our Selves were not in fault, taking now notice that we forbear to proceed with any Bills until the return of the Messengers lately sent to his Majesty, hath warned me to com∣mand the House in his name not to lose time in their proceedings, for preparing good Laws in the mean while, and in consideration of the neer approach of Christmasse. And that his Majestie hopes, We will not take upon us to make a Recess in effect, though not in shew, without his warrant.

    Page 513

    But some captious pates take exceptions, as tending to breach of privilege, by commanding them to proceed with Bills, and so spun out the time and did nothing till the return of their Mes∣sengers, whom the King receives not with overmuch kindness, knowing the effect of their former petitions, and observing the Contents of the later; and both reflecting on his Person and Government, which causeless aspersions, and therefore returns them with this answer to all.

    The Kings Answer to their Petition.

    VVE must here begin in the same fashion that We would have done if your 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 Elizabeth of famous memo∣ry, used by her in answer to an insolent Proposition which a Polonian Ambassadour made, that is, Legatum expitamus, 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 gratious behaviour towards our people since your last Recess. Not only by Our Proclamation of Grace, wherein were contained six or seven and thirty Arti∣cles, 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 Arch-bishop of Canter∣bury, 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 dan∣ger of Religion within this Kingdom, tacitly implying Our ill Government in this point. And we leave you to judge whe∣ther it be your duties, that are the Representative Body of our People, so to distaste them with our Government, whereas by the pntrary it is your duty with all your endeavour, to kindle more and more in duty for our gratious Government.

    Now whereas in the very beginning of this your Apology, you tax us in fair terms, of trusting uncertain Reports, and par∣tial informations against 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 a live from hearing or trusting idle Repotts; Which so many of your House that are neerest Us can bear witness unto you, if you would give as good ear unto them as unto some Tribuniti∣al Orators amongst you; And for proof in this particular We

    Page 514

    have made your own messengers confer 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 the receiving the first Copy, you added a Conclusion unto 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 before-hand, we must have received your first Petition to our great Dishonour, before we had known what it contained, which would have inforced us to return unto you a far worse Answer then now we do. For then your Messing∣ers had returnd with nothing, but that we have judged your Pe∣tition unlawful & unworthy of an Answer; for as to your Con∣clusion therof 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 deerest Son with some Protestant, we cannot say Princess, for we know none of these fit for him, and dis∣swade Us from his Match with Spain, urging Us to a present War with that King, and yet in the Conclusion, forsooth, you professe you intend not to press upon our most undoubted and Regal Prerogative, as if the petitioning of Us in matters that your selves confess you ought not to meddle with, were not a meddling with them.

    And wheras you pretend that you 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 conclud∣ed but that we were resolved by War to regain the Palatinate, if otherwise we could not attain unto it. And ye 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 maintaining of the Body of any Army for that War against the Spring.

    Now what inference can be made upon this? that presently we must denounce War against the King of Spain, break our dearest Sons 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 should follow, that we are bound to follow his advice in the Directions 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 con∣tradiction to the Conclusion of your former Petition, saying,

    Page 515

    that the Honour and safety of Us and our Posterity, and the Patrimony of our children, invaded and possessed by their Ene∣mies, the welfare of Religion and State of our Kingdome, are matters at any time not unfit your deepest consideration in Par∣liament.

    To this generality we answer with the Logicians, That where all things are contained nothing is omitted. So as this Plenipo∣tencie of yours invests you upon all power upon Earth; lacking nothing but the l'opes 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 would trouble all the 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 compass of their jurisiction, saying, that it was the Churches Office, to judge of slander, and there could no crime or fault be com∣mitted, but there was a slander in it, either against God, their King, or their Neighbour, and by that means they looked in∣to themselves the cognizance of all Causes; or like Bellarmines Distinction of the Popes power over Kings in ordine ad spiritua∣lia, whereby he gives him all Temporall Jurisdiction over them.

    But to give you a direct answer to the matters of War, for which you are so earnest; We confesse we rather expected you should have given us thanks for the so long maintaining a set∣tled Peace in all our Dominions, when as all our Neighbours a∣bout are in miserable combustion of War, but dulce bellum in∣expertis, and we indeed find by experience, that a number of our Subjects are so pampered with Peace, as they are desirous of change, though they know not what.

    It is true that we have professed (and in that mind with Gods grace, we will both live and die) that we will labour by all means possible; either by Treaty or force to restore our Chil∣dren to their antient dignity and Inheritance, and whatsoever Christian Princes and Potentates, will set themselves against it, we will not spare any lawful means to bring ou so just and ho∣nourable purpose to a good end. Neither shall the Match of our Son, or any other worldly respects 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 fur∣ther conquering in it, which in any eight dayes 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 Ambassadour the Lord Digby's coming through Heidleburgh, if we had not extraordinarily succoured it.

    Page 516

    But because we conceive that ye couple this War of the Pa∣latinate with the cause of Religion, we must a little unfold your eyes herein.

    The beginning of this miserable War which hath set all Chri∣stendome on fire, was not for Religion but only caused by Our Son in law his hasty and rash Resolution, following evil Coun∣sel to take to himself the Crown of Bohemia; and that this is true, himself wrote Letters to Us at that time, desiring Us to give assurance both to the French King, and to the State of Ve∣nice, that his accepting of the Crown of Bohemia had no refe∣rence 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 disthroning of Kings, and usurping their Crowns. And we would be loath that our people here should be taught that doctrine.

    No, let Us not so far wrong the Jesuits, as to rob them of their sweet Positions and practice in this point. And upon the other part, we assure our selves so far of your charitable thoughts of us, that we would never have constantly denyed 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 conclude this unjust usurpation of the Crown of Bohemia and Hungaria from the Emperour, hath given the Pope, and all that party, too fair a ground, and opened them too wide a Gate for curb∣ing 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, it is without any touch to his Honor. We cannot wonder enough that ye are so forgetful, both of your words and writs; for in your former Petition you plainly affirm, that he affects the Temporal Monarchy of the whole Earth, then 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 you list it may be easily tryed, whether that speech touched him in honour or not, if we 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 Oratours in the House against the honour of his 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

    Page 517

    determine in that point without committing of High Trea∣son.

    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 his Match with Spain, and wished you to have that confidence in our Religion and Wisdom, that we would so man∣nage it as our Religion should receivt no prejudice by it. And the same we now repeat unto you, professing that we are so far ingaged 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, or to conceive that we should be cold in our Religion, otherwise we cannot imagine how our former Publick Declaration should not have stopped your Mouths in this point.

    And as to your Request, that we would now receive your for∣mer Petition. We wonder what could make you presume that we would not receive it; whereas in our former letter, we plain∣ly declared the contrary unto you, and therefore we have just∣ly rejected that suit of yours. For what have you left un-at∣tempted in the highest points of Sovereignty in that petition of yours, except the striking of Coin? for it contains the viola∣tion of Leagues, the particular way how to govern a War, and the Mariage of our dearest Son; both Negative with Spain, nay with any 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 to 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 wisdome to judge of things of that nature, but such as are dayly acquainted with the particulars of Treaties, and of the variable or fixed con∣nexion of Affairs of State, together with the knowledge of the se∣cret ways, ends and intentions of Princes in their several Negotia∣tions? otherwise a small mistaking in matters of this Nature, may produce more effects, than can be imagined. And therefore Ne sutor ultra crepidam.

    And besides the intermeddling in Parliament with matter of Peace or War, and mariage of our dearest Son, would be such a Diminution t us, and to our Crown in Foreign Contreys, as would make any Prince neglect to treat with us, either in mat∣ters 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 dissen

    Page 518

    from some Treaty which before he had made, was afterwards refused Treating with any other Princes to his great reproach, unless he would first procure Assent of his States to their Pro∣position. And will you cast your eyes upo the late times, you shall find that the late Queen of famous memory, was hum∣bly petitioned by a Parliament to be pleased to marry; but her answer was, that she liked their Petition well, because it was simple, not limitting her to any place or person, as not befit∣ting her liking to their fancies; and if they had done otherwise, she should 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 point in your Petition, whereof you desire an answer as properly belonging to the Parliament.

    The first and greatest point is that Religion, concerning which at this time, we can give you no other answer then in the Ge∣neral, which is, that you may rest secure, that we will never be weary to do all we can for propagation of our Religion, and re∣pressing Popery. But the manner and form ye must remit to our care and providence, who can best consider of times and Seasons; not by undertaking a publicb War of Religion through all the World at once; which how hard and dangerous a Task, it may prove, ye may judge. But this puts Us in mind, how all the World complained the last year of plenty of Corn, and God hath sent us a cooling card this year for that heat. And so we pray God, that this desire amongst you of kindling war (shewing your weariness of peace and plenty) may not mak 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 Re∣cusants at home, irritate Foreign Princes of contrary Religion, and teach them the way to plague Protestants in their Domini∣ons, with whom we dayly intercede, and at this time princi∣pally to ease them of our profession that live under them. Yet upon the other part; we never mean to spare from due and se∣vere punishing of any Papist that will grow insolent for living under our so mild Government.

    And ye 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 dan∣gerous places, and so poisoned in Popish Seminaries.

    And as in this point, concerning the good education of Po∣pish youth at home, we have already given some good proofs, both in this Kingdome and Ireland, so will we be well pleased

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    to pass any good laws that shall be made either now or any time hereafter to that purpose.

    And as to your request of making this a Session, and gran∣ting a general Pardon, it shall be in your defaults, if we make not this a Session before Christmass. But for the Pardon, you crave such particulars in it, as we must be well advised upon, least otherwise we give you back the double, or treble, we are to receive by your entire Subsidie 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 you shall receive good satisfaction.

    But we cannot omit to shew you how strange we think it, that you 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 antient Liberties and Privileges in Parlia∣ment. Truly a Scholar would be ashamed so to mistake, and misjudge any Sentences in another mans book.

    For whereas in the end of our former Letter, we discharge you to meddle in matters of Government, and Mysteies of State, namely, matters of War or Peace, or our dearest Sons match with Spain; by which particular denominations, we in∣terprete and restrain our former Words; And then after we for∣bid you to meddle with such things that have their ordinary course in Courts of Iustice; yet couple together these two sen∣tences, and plainly leave out these words, of Mysteries of State, so as ye erre, a bene divisis ad male conjuncta, for of the for∣mer part, concerning Mysteries of State, we plainly restrain our meaning to the particulars that were after mentioned; and in the later we confess we meant it by Sir Edward Cooks foolish business.

    And therefore it had well becomed him, especially being our Servant, and one of Our Council, to have complained un∣to 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 stile, calling it your antient and undoubted Right and Inheritance, but could rather have wished that ye had said, That your privileges were derived from the Grace and permission of Our Ancesters and Us (for most of them grow from Presidents, which shews rather a Tolera∣tion than Inheritance) yet we are pleased to give you Our Royal assurance, that as long as you shall contain your selves within the Limits of your duty, we will be as careful to maintain and preserve your lawful Liberties and Privileges, as ever any of our Predecessours were, nay, as to preserve our own Royall Prerogative.

    Page 520

    So your House had only need to beware to trench upon the Prerogative of the Crown; which inforce Us, or any just King to retrench them of their Privileges, that would pare his Pre∣rogative and flowers of the Crown. But of this we hope there shall be never cause given.

    New-Market, 11. December 1621.

    Iames Rex.

    This Answer on Tuesday returned to the House on Fryday following, raises a storm amongst them all, to talk freely, their privileges now violated, denied, infringed, and therefore committed the particulars to examinatiod. So that the more moderate amongst them in some doubt and discontent, how to mannage it for reconcilement, which caused an Explanation from the King directed to his Secretary Calvert from Royston, in his return homewards.

    To Our Right Trusty and Well-beloved Counsellour, Sir George Calvert, one of our prin∣cipal Secretaries.

    Right Trusty, &c.

    VVE are sorry,* 19.1 that our reiterated Messages to our House of Commons to go on, they continue yet to loose time. And now of late upon our gratious Answer, make more delay in appointing a Committee to consider of the points of our Answer con∣cerning their privileges. You shall tell them, that to lessen mis∣spent time, we shall descend to explain our meaning.

    Concerning what we said, Not to allow of the stile, Their an∣tient and undoubted right of Inheritance, which we wished that they had said, Were derived from grace and permission of our Ancestours, and Us, for most of them grow from Presi∣dents, a Toleration rather than Inheritance. And the plain truth is, we cannot endure Subjects to use such Anti-Monarchical words to us; except subjoined with acknowledgement of grace and favor from us. Yet we never meant to deny them lawful privileges, as in former times, nor what they have right unto, or hy Grace now; and so we made that distinction, either by Law, or Statute, or long Custom, or lawful Presidents; and so we shall maintain them in their Rights. Therefore advises them to set afide wrangling, and proceed to that which is fit for the weal of his Crown and Kingdom, other∣wise their curious shifts, maliciously from time to time found out,

    Page 521

    to frustrate the Kings good purposes to his Subjects, will come to light, and the Authors not thankfully rewarded.

    Royston, Decemb. 16. 1621.

    All these three several Admonitions of the Kings take no ef∣fect, for any obedience to follow, and therefore the King, de∣sirous not to dissolve them, without some fruit, addresses ano∣ther Letter to the Speaker Richardson.

    Mr. Speaker,

    Whereas at the humble suite of Our House of Commons,* 20.1 we made this Meeting a Session, before Christmasse, and so till Saturday next, and by our Letters to take away mistakings, we explained Our selves in points af their privileges; and all to little purpose for pre∣paring things necessary for a Session, We think good once more to impart our mind, that (for the Reasons reiterated) we have an ear∣nest desire to make it a Session, free pardon to the Subjects, and good Laws to be passed, as they have had both by the unusual examples of Iustice, and ase and comforts by Proclamation. The passing of the Subsidie, the continuance of Statutes, and the pardon being the most pressing to be effected, and the pardon on his part now drawing up. So it concerns them the Act for the Statutes, And as for the Subsidie, though time presses, let that be no prejudice if left undon. For on Saturday next he expects their performance, that so they may go home to their habitations.

    Theobalds December 17. 1921.

    Nor does this any more prevail, but comes to be excused by way of Petition.

    The Parliament return Thanks and Petition.

    May it please your Most Excellent Majesty,

    We the Knights,* 21.1 Citizens, nd Burgesses, &c. after your Maje∣sties Letter, read this morning full of grace and goodness, do re∣turn our most humble and hearty thanks, &c. And though we have been desirous to have some good Laws passed, and a Session before Christmass, yet entering into serious Consideration of those things to be prepared, and the straitness of time. They humbly submit to the Kings Wisdom for their departure, and for their re-access to per∣fect what is begun.

    Page 520

    The Kings Reply.

    The King returns them Answer, How sorry he was this could not be made a Session. Excuses himself by his former Advisoes, and layes this blame before them to their face. He had given Order to adjourn to the eight of February next. And omits not to tell them that he expects other thanks, then as they sent to him, for his pro∣mises to maintain their privileges so often contained in his answers, and letters explained and inlarged.

    But for all that, the King heard nothing; though this mes∣sage was delivered to them the next Morning;* 21.2 and having plot∣ted a Thin House, and a late hour, six a clock at night in De∣cember, not a third part of their number, They enter a Prote∣station for their Liberties, in such dubious manner, as may and did for the future, serve to invade most of the Rights and Pre∣rogatives annexed to the Crown; for grounding the claim of their Privileges upon the Words in the Writ of Assembling, the Contrivers of that Protestation craftily mentioned, Super arduis Regni Negotiis, but of purpose left out Quibusdam, which restrains that generality to such particular cases as the King con∣sults with them upon, and the uncontroled customes of all times manifest: For the King or Chancelour usually declares what things those Quibusdam are, wherein he craves their advice and assistance.

    And upon all which undutiful Protestation, the King is just∣ly occasioned to publish his pleasure for dissolution of this Par∣liament, by Proclamation to this effect.

    A PROCLAMATION for the dissolving the Parliament.

    ALBEIT the assembling, continuing, and dissolving of Par∣liaments,* 21.3 be a Prerogative peculiar to our Imperial Crown, yet We are pleased to acquaint our good Subjects with the reasons of all Our publick Resolutions and actions; intending to have made this the happiest Parliament in our time, without imputing (however) to the Major part of the Members any want of their duty, as hath been mutually exprest from either party.

    Beginning in January with good harmony betwixt us, so as ma∣ny ages past could not parallell the like. Their love to us, our Iu∣stice to them, extended not only to private persons, but even upon the prime Officer of Our Kingdome, we found notwithstanding they mispent time in cavils; yet we gave longer time, continuing the Session till the eight and twentieth day of May, then the Recess till the fourth of June; Expressing that our Progress approaching, the

    Page 523

    necessity of our Council to attend us; the disfurnishing our Courts of Iustice so many Terms, and the long absence of Iustices of Peace and deputy Lieatenants, from their necessary duties in the Countrey.

    Then we sent them word, we would hear and answer all busines∣ses at an appointed time. They are notwithstanding in jealousie and expressed discontent; yet made not their address to us; and thereof we signified our pleasure to both Houses. The Lords submitted to our Resolutions, passed the Act for some especial Bills with commenda∣tion to the Commons, which they neglect. We therefore continued the Session for a Fortnight longer. Our self in person offered to the Lords the passing Bills, had thanks from them, which the Commons the same day refuse. The Grievances of England and Ireland, (though not presented to us) were rectified by Proclamations in both Realms.

    But during this time of Recess we mediated with the Emperour by Our Ambassadour Digby; upon promise of assistance of Parlia∣ment in case that failed; then we reassemble the twentieth of No∣vember, and made known in particular all the transactions abroad, yet some Members took inordinate liberty to treat of Our prerogative not fit to be medled withall, of which we gave them warning.

    [And so reciting all the particular passages before-mentioned.]

    And therefore concludes, whereas the Assembly of Parliament was adjourned untill the eight of February now next ensuing, we min∣ding not to continue it any longer, have thought fit to signifie our Resolutions with these reasons, willing and requiring the Prelates, Noble men and States, as also the Knights, Citizens, and Bur∣gesses, and others, &c. to forbear to attend on the said day prefixed, and that the said Convention of Parliament, shall not be esteemed any Session of Parliament. And that we shall be glad to take hold of any good occasion, which we hope shall not be long, to call and as∣semble a Parliament again.

    Westminster, the 6. of Ianuary 1621. 19.

    Iac.

    Hereupon the Members become Subjects again, and being vexed at their dissolve,* 21.4 sought their own excuses with scandall of the King. And with that which was prated then, and what our Historian devises now, base and treasonable abuses; The State wisely proclaims warning to any such insolent persons, in∣tending to set a watch upon those of quality; and amongst them who should fall into the offence, but the Earl of Oxford, and therefore was committed to the Tower,* 21.5 and Southampton to the Dean of Westminster, and Sir Edward Hawly, a Confi∣dent of Oxfords to the Gate-house, and all of them close Priso∣ners,

    Page 524

    their several crimes were bold and dangerous Speeches a∣ganst the King and Council, indeed Treasonable enough, if true.

    Their Accusers were the Domestiques of the Widow, Lady Grisby, a Dame of Pleasure heretofore, but now declined that and turned House-keeper to such like as her self had been. Her Gay-lant was one Sir Iohn Wentworth, a man of a bold Spirit, and well born, but by ill-Husbandry much decayed in his E∣state, the fitter to be wrought upon to betray Oxford and Haw∣ly; for the most dangerous words, were table talk between them; They were all close imprisoned, and often examined; truly their friends were much afraid, that either their own guilt or the policy of skilful Examiners, of each Prisoner a part, might involve them all, into destruction. Southampton was best trusted in that, for he had been versed in questions and answers, under the nocency of Essex Treason; but therefore more to blame to whisper against his Soveraign now, that resto∣red him in blood and raised him to preferment and honour.

    Oxfords faults were accompted frailties, rather distempers of his natural condition, derivative from his Father, both of them debauched, and now this Man (not in malice to the King, but) in a wanton way of ranting, and only envy to Bucking∣ham.

    Hawly, heretofore a Student Templer, discontented with the Court, upon a mean account; a rough West-Countrey-Blade he was, and being too bold at a Mask in Court, had his Ear-ring torn out in the bussle, by a dogged ill-natured Scot, Maxwell, an Usher in Office there; who being challenged for the injury, Hawly was in hazard to suffer more by seeking his satisfaction this way, and for the present was committed to the Marshalses, until it increased muttering amongst the Inns of Court Men; who upon the like occasion) sided in this quarrel. The King, that knew how to caresse such Students, sent for Hawly, and told him, that he had considered of the Challenge occasioned from Maxwells duty to his Service, and therefore now, unwilling to take advantage of his restraint, sets him at liberty, only upon condition, to make good his Challenge, and himself would be second to his Man Maxwell; and bids de∣fiance to Hawly to go on; if he durst; or else (quoth he) in true affection shake hands with him, and be all friends, and so that quarrel ended, but not Hawlyes malice to Maxwell.

    But in this now, the King full of mercy, made not much of this Treasonable matter, but lodged them all, too long a time for such Spirits; It might be thereby to draw voluntary Con∣fessions, or Petitions for pardon, but then, they all, being so neer a kin in the Crime must not dissent in the design, which

    Page 525

    was to be set free. In fine it was amongst their best Friends thus ordered.

    A Noble Lady drest directly La Mode d' France, passed as a Stranger unsuspected,* 21.6 to see the Lions and Wardrobe, and such Shews as the Tower affords, accompanied with a Gentle∣man acquaintance of the Gentleman Jaylors daughter, To whom he (for this occasion) made Court, and so had freedom of her Fathers lodgings. Where, after a Collation, they might be trusted into the neither end of his long Garden, but by no means to advance towards the Chamber window where Oxford lodged; who in this time and noise in the Garden, looked out upon them, and had Items by signs from the Gentleman (whom Oxford knew) to observe the disguised French Wench, and she the liberty to pick Dazies any where; and so in a careless guise (unsuspected) and French Tone, she sung, as to her self, which Oxford observed, all the Design, what was done against them all Prisoners, and what he should do in reference to their liberties.

    Such another trick to Hawly, taught them two to be even-tongued, and so upon petition were released, on hard conditi∣ons untill Oxford besought Buckingham.

    That since his Lordship was pleased to mediate with his Majesty for his freedome,* 21.7 he would procure it free from rubs, and so his ob∣ligation the greater, which he promises to pay to his Lordship whilst he lives.

    Hen. Oxford.

    And to piece with Buckingham;* 21.8 Oxford descended to be un∣der his Vice-Admiral at Sea, and Hawly beneath him, a warm Summers business sufficient to warn them for hereafter. South∣ampton likewise upon submission, withdrew from Court into the Country, the wiser way.

    These were thus punished, others were more crafty to cover their malice, but least they should do mischief by undermining, were sent of Errands out of the way into Ireland, and other where; to regulate disorders there, in which they had been so busily affected at home, some also ambitious, and too much po∣pular, were lured in, and rewarded with Office or honor. Such was Sir Iohn Savile, the Knight for Yorkshire, made Controw∣ler of the Kings Houshold and Privy Councelour, and yet paid for all [Active Spirits] saies one, indeed corrupted humours, which by several wayes were thus rewarded.

    These were men of note;* 21.9 But we are told [that peoples tongues were set a work] and takes upon him to chronicle the words, so base, sordid, and trayterous, that no Civil Subject would dare

    Page 526

    to repeat of his Soveraign. Nay more, he imprints to memo∣ry, the abusive Pastimes, Pasquils, and Plaies set out (as he saies) in Foreign parts by Papists (and at home by Puritans) if not of his own making.

    I remember well those times,* 21.10 wise mens thoughts were somewhat, and if amiss, fools talked, and amended nothing. Certainly a Princes fame and repute is to countenance them. Alexander could say, Regium est bene facere & Male adire.

    And Nero despised that Pasquil,

    Quis neget Aeneae Magna de stirpe Neronem? Sustulit hic Matrem sustulit ille Patrem,

    Et quosdam ad Iudicem dilatos ad Senatum affici graviore poena prohibuit.

    Yet Queen Elizabeths cruelty cut off the hands of Stubs and Page upon a bloody Scaffold, for writing against her marriage with the Duke of Anjou; she lost much of the peoples love by that spectacle, which scared the Commons into fear, whether she were the right and not uncertain daughter of H. 8. but wise men could easily resolve it.

    The oft repeated Story of the Merchant Bindet, for saying, He would make his Son heir to the Crown, meaning his House of that Sign; for which he was quartered within four hours after by Edward the fourth; and the Duke of Buckingham afterward made use of that Record to the Commons, against the successi∣on of his Race for that Tyranny.

    The like of Collingburn by Rich. 3.

    The Rat, the Cat, and Lovel the Dog, Rule all England under the Hog.

    How should posterity know their demerits, if rigorous ju∣stice had been spared; for to suppress Pasquils were to make men seek them, and being found to prize them. Those of Fa∣britius Venito were condemned to be burnt, and so long were they sought for, but when permitted, they were instantly de∣spised.

    Who can silence them? Power cannot suppress Memorials. And it is to be pittied, that Princes are more affected with future fame than their present honestly.

    It may not be amiss, to make strickt lawes against Libellers, but not for a good Prince to prosecute the rigour. But with wis∣dome to consider the convoy of such papers, whether Truths or Falsehoods; if mixed apparances, then to be neglected; if base and flat railing, to be despiced.

    Page 527

    Indeed novel causes of Sedition upon apparent grounds, are to be answered and confuted by reason; so did that wise States∣man Caecil in his answer to calumnies that stroke at the State through his Sides; see before anno 1606. p. 364.

    Such as are presented by Supplication for redress of errours, com to be Libells when they are urged with popular subscripti∣ons, or made publique ere they come to the State.

    That of Humphery Earl of Gloucester, against the Cardinal of Winchester, was a Libel. Taxing the King of Dotage about the King of Scots Liberty, the Sale of Crown Iewels, his Charter pardon to the Cardinal for receiving his rents. Setting the Duke of Orleans at Liberty against Englands Friend, the Duke of Bur∣gundy.

    This fault was onely questioned, nothing done. Miseria sum∣ma ubi de injuria conqueri, pro delicto habetur.

    Augustus writ to Tiberius, Noli in hac re indagare, & nimium indignari quenquam esse, qui de me loquatur Male; Satis est enim, si hoc habemus, ne quis Malefacere possit. And though Tiberius be∣headed Cremutius for wors only, yet he could say. In Civita∣te libera cuiquam quoque liberum esse debere. Wise Princes may, weak Princes cannot suffer liberty of Judgements, nor indis∣cretion of Tongues.

    But to counsel uch Justice, were to assist Domitian to kill Gnats with his Dagger.

    In a word, we have found the unhappy event of the late pub∣lique punishment upon Burton, Bostwick, and Prinn, Divine, Physitian, and Lawyer. Their crimes then were thought fit in policie to be punished, but were taken up, in after time justifi∣ed, when the time served the turn, to revenge that punish∣ment.

    It was wisely retorted by King Iames upon himself. A Country Clown told his Companion the London News, The King to marry his Son, to the King of Spains Daughter.

    Why, saies his Friend, what of that?

    He answered, For so our King will turn Papist.

    Nay rather, replyed he, Ile cut his throat?

    For which he was condemned at the County Assize. But the King heard of his Sentence; and said, By my sale, sal he not need to do that, ere Ile turn Papist, Ile cut my own throat, and gave him pardon.

    But debosh spirits, distasting their own Miseries, are alwaies earnest in Novations, and desire a change of fortunes; and if they had power would sooner turn Traytors; such were some of them in this Kings time; by the effects since you may guess at them then.

    We spake of Student Templers,* 21.11 These Houses heretofore

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    had been a Covent of Red-fryars (for so I find them stiled) and afterwards men of the Sword got the possession, and were cal∣led Knights Templers, from that of Ierusalem, where they here∣tofore dwelt, and were instituted there by Baldwine King of Ierusalem, anno 1100. and created by Pope Gelasius, anno 1117. continuing two hundred years, untill they were supprest bout Edward the first his time, anno 1300. and their Substance of great wealth given to the Knights of the Rhodes by Pope Clement the fifth.

    The Romans say, They fell away from Christianity to the Sa∣razens, and lode them with inormous Crimes. But, and in truth others say, their destruction grew from siding with the Germain Emperour against the Pope, and these Authors are Boatius, Vil∣lanus, Antonius, and others. Indeed they were Enemies to the sins and corruptions of the Court of Rome and Clergy. And all Authors conclude, That however sundry of them had been accused of Crimes, yet they indured cruel torments without confession of guilt.

    Paulus Aemilius stories one of them, Iames Burgond, the principal of that Order, and two others of great Birth, who suffered exquisite tortures and dyed in the lame, innocent Mar∣tyrs. And Plessis saith, that other Authors report, That two Car∣dinals being present, Burgond summoned Pope Clement the fifth, before the Tribunal of God, to answer that injustice, and that the Pope dyed the same day. Besides the Clause inserted into the Condemnatory Bull, Quanquam de jure non possumus tamen pro plenitudine potestatis dictum Ordinem reprobamus.

    But in a word their great wealth, was one Notable bait to the Popes, and the Gulf of other Orders, Hospitalers, Knights of the Rhodes, and St. Iohns. All these together smack this Order, and swallowed their Riches at one time; by consent of all the Princes in Christendome, where they had their habita∣tions.

    Length of Peace necessarily increasing swarms of people,* 21.12 it was politickly permitted to disburthen this land by Foreign Plantations into the vast Continent of America, unhabited (as is before touched in Anno 1614.) and since that time, pursued with above fourty sail severally trading to Virginia, New Eng∣land, and other parts of that Coast, with transportation to this year of above three thousand five hundred seventy persons (ac∣cording to a list) in several Colonies and Towns built, for mu∣tual trade with the Natives, being brought with much kind∣ness, so communicable, as to be hired servants into private fa∣milies. But at last maliciously envying at the English, consult with themselves to massacre all at an instant; their intent fai∣ling in the whole, they found means to murther three hundred

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    fourty seven persons, being but the eleventh part of the twelve parts of the rest.

    The customary practice of the Indians, is to disperse them∣selves into several Colonies, as naturally affecting division, un∣der sundry Governours Supreame; yet now in policy confederate amity, to work their Design for destruction of all the English, through out all Colonies at once, separate and very remote. But their plot necessarily to be divulged in common, not mistrusting discovery from any of their own. Yet it pleased God in mer∣cy to put it into the Mind of an Indian servant to one Pace, to discover it to him overnight; who first securing his own Habi∣tation, with all possible speed gave waruing to each Plantation, by several intelligence, and saved the rest, but in the fury three hundred fourty seven were slain. And since that time the Eng∣lish are more wary to guard their houses. And as the best Max∣im in policy to separate the conjunct affections of their Indian Kings to make themselves the more secure.

    It was the Spanish policy that got them the two rich King∣domes of Peru, and Mexico in America, for the two heirs Bro∣thers Attapalippa and Gasco, quarrelling for the Kingdom, each striving to gain the Spaniard to friend, Francis Pizacro manag∣ing their differences for his own ends, stripped them both of Peru.

    So did Frdinando Cortes vanquish Matezumo, and got Mexi∣co by the Neighbour Friendship of the Province of Tascala, deadly Enemies; for which service that Province is freed from Tax for ever.

    So did the Romans advantage overcome Great Brittain, as Tacitus sayes, Ita dum singuli pugnant universi vincuntur.

    And Iustin hath the same with the Grecian Cities.

    And hereupon King Iames furnished these Plantations with ammunition and arms out of his own store-house at the Tower at his charge.

    There were likewise shipped unto Summer Islands (so named from the first sinder and Planter Sir George Summers) alias Bur∣mudoes, above a thousand persons, and nine Ships to transport them and to trade, who have since so increased that they are forced to fly to the Main for elbow-room, see before anno 1614. Page 400.

    The King and Parliament asunder,* 21.13 it was resolved with his Councellours to speed Digby into Spain Extraordinary, to pro∣ceed in the Treaty of the Match; Sir Francis Cottington Lie∣ger there; form whom Digby had knowledge of that Kings Progresse, towards the North of Spain, to Lerma, a Town in Biscay, whether the Duke thereof, a sublime Favourite, had in∣vited the King to his Princely New Pallace; which might save

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    Digby the trouble and discommodity of riding many leagues to Madrid, to meet there, though it is to be understood by those that know, that the Court and Council, and State of Spain, are said to be alwaies residing in Madrid in New Castile, for re∣ceiving Ambassadours, and making dispatches; yet the amity of Digby with that Council, hoped now to alter that Custome, in favour of this urgent affair and him. And therefore lands, as the time and weather would afford, the neerest Port Saint An∣drews in Biscay; there he stayes; sends his Secretary to Madrid, to signify to Cottington his arrival, and reason for resting there, as yet, intimating that if he could surprize the King at Burgos or Lerma, so far neerer his return home, might there also hast∣en his dispatch upon that so reasonable consideration.

    The King in complement told Cottington, That he hoped the Ambassadours business was of more weight than to be taken up in the road, where it became not his Majesty to return him back to his Master without entertainment of the Court of Spain.

    But Digby understood this as State formality, and pressing his own conveniency, was at last ordered to have audience at Lerma; whereupon Digby might say, without merit of a scoff. [That it was the first President of honour to an English Ambassador,* 21.14 and to his person a particular favour.]

    And so he sest forward to Burgos, where Cottington meets him, whom he returns back twenty miles to Lerma, upon se∣rious affair, to prepare some of the Council with such interests, as were intrusted, besides his sealed Commission, resolving himself to follow at the heels, with surprize rather than Cere∣mony. Yet the Kings Coaches came to wait on him neer Ler∣ma unto Villa Mansa, where he reposed till the Conde de Salaze∣ra Maior-Domo, one of the Kings Stewards, the Conde de Villa Madena, Correjo Major, or Chief Post-Master, and the Viscount Toriza, accompanied with several attendants, conducted the Ambassadour to Court.

    Thus far, and in truth was the passages of Digbyes Recepti∣on, which our Author abuses with base absurdities.

    Abbot Arch-bishop of Canterbury,* 21.15 aiming with a Cross-bow at a Deer in Bramzel park, killed his Gamekeeper with the Ar∣row, for which act having his hand in blood, he is by Common∣Law to forfeit all his estate, and by the Cannon-Law, irregular, ipso facto, and to be suspended from all Ecclesiastical function, until he be restored.

    This troubled the King what to do; Not to add to his af∣fliction, and to leave virum Sanguinum Primate and Patriarch of all his Churches, ounds harsh to the old Councells and Cannons; upon either the Papists would descant; and therefore it was re∣ferred to the Lord Keeper Williams, five Bishops, the two Chief

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    Iustices, and two Civil Lawyers, who certifie so much; and so he not being received into the full use of the Ministery, himself forebore the Council Table, as he told me in these words, Since they will have it so, that I am incapable of the one, I shall spare my self the trouble of the other. But he enjoyed the benefit of that See whilest he lived.

    Much displeased he was (I well remember) with the Court and Clergy; for Doctor Lawd refused consecration of St. David by his hand, being tainted with blood; but the Other was quit with him, for underhand he caused it to be burited abroad, That Lawd was by Puritans reputed a Papist in Oxford. And to ju∣stifie that his function was not weakned by that Mischance, he procured Commission to inquire, Whether casual homicide was not excepted in the Cannon? In which he was satisfied that it was not; and so retired from his Magnificent Structure, his Almes∣house at Guilford, to his Palace at Lambeth, where the air of the Court, breathing so neer, and yet at this little distance he not admitted there; he fell upon down right Puritan Tenents, which gave occasion to many discontents of our Church and State to visit him, then so frequent, that they called themselves Nico∣demites, and his Disciples. And I observed very often (perhaps therefore) that the Arch-bishop constantly, with candle-light in his Chamber, and Study, made it midnight at Noon-day.

    And here he began to be the first Man of Eminency in Our Church, a Ring-leader of that Faction, for I can name those then, his private Disciples, which lately appear desperate Pro∣selytes.

    The Tenents of Arminianism,* 21.16 which the King feared had in∣fected the Pulpit, with so much heat, that it inflamed each op∣ponent, so that to Suppress the danger of the one, and to re∣gulate the disorder of the other, both offensive to the State, the Arch-bishop of Canterbury had letters to settle their sick brains to this effect.

    The Kings Letter to the Arch-bishop.

    Most Reverend Father in God, right trusty and intirely beloved Counsellour, we greet you well.

    That the extravagancies of Preachers in the Pulpit, have been reformed in the Realm by some Act or Council of State, with the advice of learned Prelates. In∣somuch that the very licensing of Preachers, had beginning by Or∣der of Star-chamber the eighth of July 19. H. 8. And that at this present divers young Studients, by reading of late writers, and un∣grounded Divines, do broach unsound and seditious Doctrines, to the Scandal of the Church, and disquiet of the State, and that hum∣ble

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    representations have been to the King of these inconveniences by the Arch-bishop,* 22.1 and other Reverend Prelates of the Church, besides his Princely zeal for extirpation of Schism and Dissention, procee∣ding from those seeds; And for the settling of a Religious and Peaceable Government in Church and Commonwealth, does by these charge and command you, to use all possible care and diligence, that these limitations and cautiono herewith sent you, concerning Prea∣chers, be duly observed by Each Bishop in their Iurisdictions to be communicated to each Minister in Cathedral and Parish Churches, of which we expect strickt account. Windsor August 4. 1621.

    The Directions sent with the Letter in six Articles.

    1. That no Preacher nder the degree of Bishops or Deans, fall into any set discourse or Common place, which shall not be warran∣ted in Essence, Substance and Effect, or Natural Inference with some one Article of Religion set forth anno one thousand five hun∣dred sixty two,* 22.2 or in some of the Homilies by authority of the Church of England.

    2. That none shall preach after noon, on Sundays, or holy days, but on some part of the Catechism, or of the Creed, Decalogue, or the Lords prayer; and to incourage such Preachers as exercise children in their Catechism, which is the most landable custome of teaching in the Church of England.

    3. That no Preacher under the Degree of a Bishop or Dean, do preach the deep points of Predestination, Election, Reprobation, or of the universality, efficacy, resistibility of GODS GRACE, but leave these Theams for godly and learned men, and that mo∣derately and modestly, by way of use and application rather then of positive Doctrines, being fitter for the School, then simple Audi∣tories.

    4. That no Preacher soever shall presume in any Auditory, to de∣clare, limit or bound out, by way of positive doctrine, the Power, Prerogative, Iurisdiction, authority, or duty of Sovereign Princes, or meddle with matters of State, and the differences between Prin∣ces, and the people, but rather confine themselves to faith and good life, which are all, the subject of the antient Sermons and Homilies.

    5. That no Preacher shall causlesly (without invitation from the Text) fall into bitter invectives, undecent railing Speeches, a∣gainst the persons of Papists or Puritans, but rather free both the do∣ctrine and discipline of the Church of England, from the aspersing of either Adversary.

    6. That the Bishops be more wary in the choice and licencing of Preachers. And that all the Lecturers throughout the Kingdom (a new body severed from the antient Clergy, as being neither Parson, Vicar, nor Curate) be licensed henceforth in the Court of faculties, but only from a Recommendation of the party, from the Bishop of the Diocess under his hand and Seal, with a Fiat from the Arch∣bishop

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    of Canterbury, a Confirmation under the Great Seal of England.

    I well remember these times, the invectives of the Pulpits,* 22.3 which truly the wisdom of State thought fit to suppress. The Non-conformist nestled himself into a Lecture, by that means depending onely upon the devotion of the Parish, was that way preferred without the favour of the Bishops. And first insinua∣ting into the women, Wife, Daughter and Maid, infusing at their homes such doctrines as might easily catch their weak pal∣lates, and thereupon begat the frequent writing of Notes from their preaching in publick, as it would astonish the indifferent Reader, to meet with their Blasphemies and miserable Non∣sense Notes. And truly, those Lectures, wounderfully haun∣ted by such people, in after Noon Sermons on working days, with such Stuff as savoured nought but railing against the Pa∣pist, or our Church discipline.

    The looseness of Servants took liberty almost every day in the week to be easied in their Labour and Callings to pretend devotion in this Ordinance of hearing Lectures in some or o∣ther Church, untill their Masters complained of that Cu∣stome.

    These Articles therefore were seasonably published to regu∣late the Ministery,* 22.4 and to order the catechising of children and Servants, which Godly and effectuall Way of teaching, the King had often hinted heretofore, but could never sufficiently reduce the Lecturers to obedience thereto, See Anno 1603. Pag. 300.

    What could the care of the King do more, to destroy the seeds of Dissentions? Yet herein how captious Our Author observes.

    [That these directions were to be observed with Caution,* 22.5 peaceable comporment, that is saies he) Papist and Puritan's quiet, being Equilibero, the Papist in the prime scale.]

    [That the Lecturer is not to be endured, unless he pass the Bry∣ars through all Courts to the Broad Seal (a pingeant Ordial Trial) with his Teste me ipso, and so becomes Orthodox, So that (saies he) the Lecturers are implicitely forbidden, by the inaccessible charge and trouble to come to it.

    That the Preachers by an Order of Star-chamber in Heaven were licensed, Ite predicate before any Henry 's time, and so bids them learn, least that Spirit (from whom they receive the Spirit) bind not them up.]

    And indeavours to perswade [That the Papist did forment the Animosity of the King against Puaitans;* 22.6 That Bishop Lawd his Agent, though in Religion he had a Mothly form (and quotes a

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    Priest in Flanders that told him so) was now become Bucking∣hams Confessor, under the Court Livery, and (assures the Reader) that the King once thought him so; though now he became the bel∣lowes to blow the fire for the Papist, to put the King upon all Projects and Monopolies, to sow the seeds of division between Puritan and Protestant (for all were Puritans with the high-grown-Arminian∣popish party, that held the Doctrine of the Reformed Churches.

    And it is somewhat true as he remembers Us [That the Cour∣tier (Minister, or Lay) they called Regians.* 22.7 who (saies he) swell up Prerogative even to all, that the people had but a bare being, which in mercy was left to them poor Republicans. That more reverence was done by the Clergy to the King than to God. And that the Iud∣ges to inslave the people gave sacred and Oraculous Titles of the K. as of God.]

    But (saies he) the well-affected by writing and discourse sought to warm the Kings cold temper with fresh spirits into his chilled vains in this divided Kingdom. So he

    This stuff smells rank of the Doctor, that refined our dead Historians work, and put it out in print as we have it. Cer∣tainly he had heretofore passed the Pikes to be a Preacher, and run through this Ordial-Tryal of his Text-ship; who in those daies might well deserve a Duns-ship, but of late went out Do∣ctor, to arm his Republicans (if any such men are) to be as ar∣rant Rebels as himself, in what estate soever they shall chance to be lodged.

    But because the Reader may have better satisfaction of those times,* 22.8 and Ecclesiastical policy then towards the Lay-Recu∣sants (for such only was it needful to favour) the King was so Popishly addicted (as our Calumniator would inforce) that to the incredible exhaustment of his Treasure, he most zealously in∣treated for refreshment and favour unto all the Protestants in Europe (His Crown and Dominions and Denmark excepted.) The Swedes having lately provoked the Pole, had no other hope of Peace, those of France for the exercise of their Reli∣gion, those of the Palatinate, and all the neighbouring Pro∣testants, the least conveniency to say their prayers, but by the Kings Mediation, And being advised by the late Assembly of Parliament, into this Milky way of Intercession and treaty a∣broad, what a preposterous Argument would it have been to desire those Mighty Princes, crowned and victorious, to grant clemency to them, and for himself to execute poenal Laws a∣gainst the Papists.

    The English Iesuit in France did design to frustrate this pi∣ous indeavour of the King, by writing a most malicious Book to the French King, inciting him and his three Estates to exe∣cute their Statutes upon the Hugonotes, as the like (they said)

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    were here enacted against Catholiques. I would therefore ad∣vise with the most subtil States-monger, to chalk out a way for his Majesty to have mediated for grace to the Protestants, by executing at this time the severity of lawes upon the Papist. But hat this favour should amount to a Tolleration, is a most dull, and yet a most divilest construction.

    A Toleration looks forward to the future, this favour back∣ward,* 22.9 only to offences past; and the Lord Keepers letter to the Judges is so to be understood; whereby if any Papist by them should be set at liberty, and should offend and laws again, the Justices may, nay must recommit him, and leave favour only to the King, to whom only belongeth Mercy.

    Nay, more, let these two writs directed to the Judges be perused, by any rash censurors (as they were resolved by grave and learned men; to whom the King committed the penning) and it will appear the Papists were no more out of Prison, then with shackles about their heels, sufficient Sureties, and Recog∣nizances, to present themselves at the next Assizes. So they being grasped in the custody of law, or rather imprisoned still, than with any liberty.

    And in truth they were by this tender favour, to be reduced into a better behaviour, or otherwise upon tryal, the King was to recall his writ, and leave them to extremity. But if a Cri∣tique will conclude an Argument from the Devils Topicques, a converto ad abstractum, from a favour to some well-minded English Catholique, reasonably to be distinguished from others, what therefore, is the King turned Roman Papist, whose wise discourses, learned Writings, pious Exercises, Acts of Par∣liament, late Directions for catechising, Preaching, and all o∣ther professions, hath manifestly declared himself to all the World, an Orthodox resolved Protestant.

    But the Spirits of wisemen are now satisfied that (those airy Representations of ungrounded fancies set aside) this Island of all the Countreys of Europe, was then the sole Nest of Peace, and true Religion, and the inhabitants most unhappy now, that they looked not up to Heaven, to give thanks for those mer∣cies then.

    Thus much the King had to do to keep these Men in obedi∣ence at home,* 22.10 being intent also upon his honour abroad; And having yet in this time of Treaty, assisted Holland in an open way of Men and Money to ballance them with Spain, and Re∣cruits dayly sent over; so plentiful, that sale was made of our men, more than they used. The Spanish Lieger took excepti∣ons (and that justly) that in time of Confederacy, Treaty, and Union of a Match, such partiality was afforded to the E∣nemies of Spain, and no more interest of Confederacy with

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    our King, than we with his Master. To balance both the King grants freedome alike to his Subjects to be called by Drum to either service, when it was evident that only one Regiment went away with the Lord Vaux to re-inforce the Army in Flan∣ders, and seaven thousand were carried to Holland. Besides, it was intended more policy to the one, then equality to both, to be rid of the Papists, (which he sayes) infected the Kingdome. And whilst the Commissioners on both sides argue the Articles,* 22.11 the Pope no doubt meddled with Spain, in the Matters of Reli∣gion proposeable on that part.

    It was prudence in the King to permit an active Man Mr. Gage his own subject, though Romish Catholique (for in busi∣nesses they are not such Bug-bears) to be at Rome to pry into the Popes actions; and did recommend the affair unto the Car∣dinals Badino and Lodeviso, as the passages might correspend with disputes and differences in points of opinion, Moral and Divine. But in his letter to the King of Spain, disclaims any Treaty with the Pope, or to observe his rules in reference to his Son. Was it not an oversight (tro you) that some better affe∣cted Puritan was not put in for an Intelligencer: What mad Work such an one made once at the Popes Altar?

    But not to spend Paper to answer such a Cutter of Cummin∣seed, Digby had express commands,

    Not to wast time with the Spanish Delaies,* 22.12 either for dispensa∣tion of the Match from Rome, or cessation of Arms in the Palati∣nate; Hidleburgh being then besieged, and the English Garrisons blocked up; Of all which the English Ambassadour, Sir Richard Weston at Bruxels, disputing with the Inanta, had no redress as the Copyes of the Dispatches intend; for he was commanded to represent the merits of his Master for sincere proceedings with the Emperour and Spain, upon protestation of their Extraordinary re∣spect. However the Palatine had deserved, That the way is now prpared, that the English may have the honour to hold those places which are not in dispute, untill the general accomodation, without more amuze, or further treaty of Cessation, and before the whole Coutrey be seized, or our Treaty ended. Refers him to the Dispat∣ches, to be furnished with Arguments of unkindnesses, there not∣withdrawing the Spanish forces, but leaving the business to discuss with the Emperour and Bavaria.

    That the Infanta's Answers, with Recrimination altogether Mi∣nister jealousie of the Emperour and Spaniard, if he consent not; for if those things be not forthwith remedied, the King of Eng∣land will recal his Ambassadour from Bruxells, as an unkindness, deserving from the Emperour. Not to be interpreted, as to reflect upon the intire affection, between those two Crowns of Us and Au∣stria, being mntually promised, That as the King expects his Son

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    in Laws dependance on his advise, or to be forsaken, so in the same measure it is just for Spain to decline the Emperour.

    And concludes with this honourable Item; To carry things fair, without cause of distrust, if reality be perceived on their part in the Match, wherein the King excepts against their dull diligence depending only upon the Dispensation, and in returns of Queries and Objections.

    But as the King will not be wearied with patience, so Digby is warned to be wary and watchful in the Overtures of the Pope, as a Postil unto the Articles of Spain (which Gage got, and gave war∣ning of here.) And to admit of no more respite then two Moneths, and no more at all.

    That so their resolution will be before Christmass.

    Wansted 9. of September 1622.

    Thus much to Digby.

    But whether Digby pressed these particulars, the Palatinate,* 22.13 was at the brinck or last cast, in Frankendale, now blocked up: The Popes captious capitulations in reference to the Dispensa∣tion, obtruding and intruding Novelties, never as yet dis∣puted.

    Yet he plainly tells the Spanish Council (the old King lately dead) If these offers of his Master be not ballanced with the like from theirs, without loss of more time, he is commanded to take leave and return home.

    But ill news hath wings; the loss of the English Men, and the Palatines Country, came faster to the King, then could be supposed by Digby, who it seems was loth to leave the imploy∣ment in suspence, for any other to negotiate; or, by discove∣ring the Spanish deceipt, to give end to any absolute breach; for here at home he was somewhat suspected not to deal fairly abroad, which as yet the King was loath to see; And therefore quickens him again, with the particular relations of the losses of the Towns in the Palatinate, Heidleburgh forced,* 22.14 the Garrison put to the Sword, Manheime besieged, and the Infanta not commanding Cessation, wherein she had absolute authority, and that these effects give the King reasons to recal all his Am∣bassadours.

    Weston (now Chancelour of the Exchequer) and the Lord Chichester from Bruxels, having trusted to Treaties, which pro∣bably might have secured the remainder of the Palatinate, the English Garrisons being rather maintained in honour to keep footing until the General Accomodation, more in assurance of Friendship by Treaty, then of force by fighting.

    And therefore to put the Spaniard to it, he was to demand,

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    under hand and seal, either the Rendition of the Town and Castle of Heidleburgh, (seventy daies after audience) in condi∣tion as when the Palatine had it; and the like for Manheim and Franckendale, if either be taken whilest this Treaty, as also cessation there for the future upon the Articles of Sir Richard Weston. The Treaty which the Emperour propounded by Ar∣ticles in November last, to which the King of Spain then con∣descended. if not in all these. Then, that the King of Spain join with the English for recovery thereof, thus lost upon this Trust; and to permit English forces to pass the spanish Territo∣ries into Germany; and in every particular herein, Digby is pe∣remptorily enjoined to be assured under hand and Seal within ten daies after Audience, or else immediately after to take leave and return. October 3. 1622.

    Thus the King fights and treats, not as in love with a match absolute, upon any uneven Terms then, as our mad World would make us believe them now, from whose pens and Pas∣quils, the Kings mind is pretended to be unmaskt, [as mean and fearful] for he being heightned with hopes of powerful assi∣stance from his Parliament and people, the King to satisfie in some measure, the suspition of the world, and well-minded∣men, that he withdrew not his affection from his children for fear of any Enemy, to cosin himself with a Spanish Cheat, never meant him in a Match, these proceedings will unmask.

    And why to be charactered [Studious of Peace somewhat over∣much] truly not so for a Christian King,* 22.15 and therefore not to be [imputed to Pusillanimity] admitting [His Son-in-laws extir∣pation from his Patrimony] which himself was justly the cause, not the King. Nor is it handsome to say to his dishonour con∣fessed [That the Austrian Family cojol'd him in delusory chat, with specious falasies] whilest the Author is pleased to abreviate that tedious Treaty, and loss of three Towns, and afterwards the whole Palatinate into three lines, with this Observation [That the moity of the Money spent in Ambassyes would have modelled an to have mastered the Imperious Eagle.]

    And so the short Relation, with unskilful Surgery to cau∣terize, not truly to characterize the Wisdome of this King, in such difficult designs as were intent, more against him, than a∣gainst many other Princes his Predecessors.

    But these proceedings (I say) will unmask all; for from out∣ward force, he was left in the lurch even by his own people that put him forward, and yet having more desperate conditions to work out at home, then was urged abroad; He in this Di∣lemma, bringing all his possibilities to this exigent and ending, sends suddenly after his Pacquet, this Item to Digby. In Case

    Page 539

    of Rupture (which the King was to mannage with most advan∣tage) not instantly to return, but privately to advertize hether to the King himself, and publickly to give ot the contrary, that accordingly he might deal with his Parliament, who stood at gaze to entertain the bad effects, not to welcome good fruits of this tedious Treaty.

    What ere the King commanded, then daies expired,* 22.16 and no satisfaction, yet Digby, created Baron 1618. and now by Pa∣tent Earl of Bristol, spins on the Treaty, willing to accept of a∣ny trifles to animate the King, whom he fed with certain hopes of real intention in Spain, till all was lost indeed; And yet the Articles of marriage handed to and fro, with such copies as each fancy led him to falsiie; of which one inserts them in print (besides sundry others his excellent Authors) The fabulous French Mercury, and Mr. Prinns Hear-say (though his ears were cropt) and saies,

    [That this onely came from the Neast,* 22.17 kept at this time with scarce a Feather amiss, and so humbles them to the Readers accep∣tance, onely to tell us, what pains was taken to little purpose, where no Intention meant performance.]

    And this he intends to prove out of the yong King of Spains Letter to the Count Olivares.

    The King of Spains advice to Olivares.

    That the King his Fther at his death declared his intent, never to marry the Infanta with the Prince of Wales, which Don Bal∣thasar, Uncle to Olivares understood, and so treated with intention to delay it. Yet being now so far advnced, he wishes him to direct the Treaty, but in all things to procure the satisfaction of the King of Great Brittain.

    Novem. 5. 1622.

    It is true that the King writ this Letter to Olivares, and like∣ly enough, that in the first Motions, the State of Spain might heretofore unsettle. But now, that the Treaty had brought their Negotiations to some concernments; therefore Olivares, within three daies after (so suddenly) returns Answer to that King; wherein posterity might apprehend the several true In∣terests of all, and more cannot be surmized, than that which Olivares himself does herein confess, which it seems escaped out of Mr. Prinns hidden works of Darkness, and thus it follows.

    Page 540

    Olivares Answer to the King of Spains Letter.

    SIR,

    Concerning the Estate, which we find in the Treaty of Mariage between Spain and England, and being well assured how the ministers understand it, who treated in the time of Philip the third (that is) that their meaning then was, never to effect it, but on∣ly by enlarging the Treaties and points of Mariage, thereby to make use of the Friendship of the King of Great Brittain, as well in mat∣ters of Germany, as those in Flanders. And suspecting that your Majesty is of the same opinion (although the Demonstrations do not confirm it) and that the Infanta Donna Maria, is resolved to put her self into the Descalcas,* 24.1 when she shall be pressed thereto.

    I have therefore thought fit to present to your Majesty what my zeal hath afforded me; the time most necessary, for your Majesty with your Ministers to resolve what is fit.

    The King of Great Brittain, finds himself equally ingaged in two businesses to this Marriage; moved thereto by conveniencies of your Majesties Friendship; in making an Agreement with such Ca∣tholiques, that he thinks are secretly in his Kingdom, and so to be assured of them, as likewise the honour in Mariage, with one of the House of Austria, and the best born Lady in the World.

    The other is the Restitution of the Palatinate, in which he is yet more engaged; for besides that his Reputation is at stake, there is added the love and interests of his Grand-children, Sons of his on∣ly Daughter: which in nature and reason of State are to be prefer∣red, what soever conveniencies might follow by dissembling what they suffer.

    I dispute not, That that Kings concernments herein are to be Go∣verned with Art and Friendship. He hath used both; but as pre∣cisely, not necessary) I omit it. But, as a Maxim, I hold these two Engagements (to him) are inseparable. And for us, though we make the Marriage, we must fail in the other (most necessary) the restituti∣on of the Palatinate.

    Thus much supposed. Having made the Marriage in the form as it is treated, your Majesty and England, will be ingaged in a War against the Emperour and the Catholick League, and so to declare with your Arms. Or declaring for the Emperour and the League, (as certainly you will) you will be forced to a War against England, and yet your Sister married to his Son, with the which all conveni∣encies whatsoever that were formerly thought upon, will cease.

    If your Majesty shall shew your self Newtral, the first will appear

    Page 541

    very scandalous. and with just Reason, since in matters of less op∣position than of Catholiques against Heretiques, the Arms of this Crown hath taken part with the Godly against the convenient party. And though at this time the French have taken the part of the Hol∣landers against us, your pitty is such to send your Arms agains the Rebels of that Crown of France, leaving all the great considerations of State, only because these men are enemies to the faith of the Church. It will oblige your Majesty to give good occasion to those of the League to make use of France, and other Catholick Princes ill∣affected to this Crown, as necessary for them so to do; and these men against their own Religion will sement, and assist the Heretiques for hatred to us; and follow the contrary party only, to leave your Ma∣jesty with that blemish that never hath befaln any of your Prede∣cessours.

    Besides, the King of England will remain offended and disobli∣ged, seeing neither interests nor helpers do follow; the allyance of this Crown, is likewise the pretext of particular resentment, for having suffered his Daughter and Grandchildren to be ruined in respect hereof.

    For the Emperour, though he be well affected and obliged to us, in making the Translation at this time, as business now stands (the Duke of Bavaria being possesed of all the Dominions) and though he would dispose all to our conveniencyes, it will not be in his po∣wer to do it; as your Majesty may see by the Memorial, the Empe∣rours Ambassadour gave you yesterday who make it certain. Since in that List of the Souldiers, that every one of the League is to pay, Bavaria alone will pay more, all than the rest joined together, Which shews his power and intention not to accommodate matters, but to keep to himself the superiority of all in this broken time; the Em∣perour is now in the Dyet, and the Translation is to be made in it

    I propose then for this Estate, to conserve the means for a Con∣ference with your Majesties Ministers; for the Difficulty will be to find a Way to make the present Distracted Affairs straight a∣gain; which with Lingring, both the Power and the Time will be lost.

    The Emperour (as your Majesty knows by his Ambassadours) desires to marry his Daughter with the King of Englands Son, and I doubt not, but he will be likewise glad to marry his second daughter with the Palatines Son.

    Then I propound that these two Matches be made, and set on foot presently, giving the King of England full satisfaction in all his propositions, for the more strict Union and Correspondence, that he may agree to it.

    And so all the conveniencies of allyance with us, will be as full in this; for it accommodates the matter of the Palatinate, and the

    Page 542

    Succession of his Grand-children, with his honour, without blood or treasure, together with the interest of the Emperour, the conveni∣encies of England and the Palatinate, and to reduce the Prince Elector, that was an enemy to the obedience of the Church, by bree∣ding his Sonnes in the Emperours Court in the Catholique do∣ctrine.

    To conclude, the business is great the difficulties greater, than perchance have been in any other Case.

    I am obliged thus to represent it to your Majesty, and shall further shew what I think fit foe disposing of the things, to the great Mini∣sters of State if your Majesty please; being helped with the good zeal of Count Gondamore, and God his blessing therein: so much for his Honour, and your Majesties service.

    Madrid Novem. 8. 1622.

    Olivares.

    A wonder to some, why this Bird was not hatcht in our Hi∣storians nest,* 24.2 for it was fledged with the rest, and writ (you see) but three daies after for Answer, and might have been nestled in Mr. Prinns abal, if either of them had been so honest, as to preserve a truth.

    Some reasons besides, which animated King Iames to pro∣ceed, having wasted much time of Tryal by his Ambassadours in Spain, and with theirs here Gondamore, a Man of subtile wit, yet prevailed more with us by the advantage of time and our own distempers, than by the virtue of any worth in him; who having done here, as you have heard, was called home the last year, and Don Iuan de Mendoza Marquess Inojosa, with Don Carlos de Colonna, sent hither Extraordinary, with whom here passed more narrow overtures in the Match, besides what was acted beyond Seas, with such effects as are before remem∣bred.

    And being a mixed business of Love and State, and yet in them the common good and quiet of Christendom involved; standing upon desperane terms, had the more need of desperate Cures: It was therefore resolved here, to intrust it wholy and secretly to the Suitor himself; the Prince with his Confident the then Marquess of Buckingham for a journey to Spain.

    And the seventeenth of Febr. 1622. disguised with their single Attendants, Endimion Portor of his Highness Bed-cham∣ber, and Richard Graham, Master of the Marquess Horse; meeting Sir Francis Cottington the Princes Secretary at Dover; These only hazard a journey by the way of France, land at oloign, post to Paris, and had ight of a Mask there, and

    Page 543

    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 Go∣vernour Count Graimont, had notice by the Currier (who carry∣ed the advice from hence to the King of Spain) that the Prince of Wales, was gone thither.

    Where he arrived at Madrid, fryday the 7. of March at eight a clock at Night, in thirteen daies from Paris, seven hundred fifty miles, and alighted at Bristols house, the Extraordinary Ambassadour, 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 Catholique there. So that this sudden arrival, startled Bristol, that was a stranger to the Journey; which met with such success after∣wards, as the measure of his Malice did meet out; Together with Gondamores regret (on the Spanish party) who with all his wisdome, more by estimation then merit, was abused also at home to credit what was commanded to him, who thought no∣thing more sure then now to be effected.

    The next morning the Arrival of Buckingham was willingly discovered to Gondamore, and so to the Conde Olivares, the Spa∣nish Favorite, 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 Iames his Letters; and discovered that the Prince was come; and there∣fore with the Ambassadours was returned, Olivares with the Kings salutations of honor and welcom. Where it was obser∣ved that Olivares would not be covered, though the first Gran∣dee of Spain, who are not bare to their own King.

    The next Sunday afternoon, though in Lent, upon Design 〈◊〉〈◊〉 〈◊〉〈◊〉 desire to take view of his Mistress, The King, Queen, 〈◊〉〈◊〉 Infanta, and the Infantes (Don Carlos and Don Ferdinano, 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 Ceas 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 imbrace the Prince at the Earl of Bristols House. But to avoid that disadvantage, the Prince would not be denyed to pass to the King, who there∣fore appointed half way, where he stayed, and there they met.

    The King got out of his Coach first, and imbracing the Prince with wonderful Kindness, made incomparable professions of love and honour.

    Page 544

    In the strict Obligations which the King his Fa∣ther, and His Highness Himself had cast upon him, by that singular act of Confidence and Favour.

    To which the Prince replyed,

    That he was Royally recompenced by the honor he receives, to be his own Ad∣vocate in this His High Design to visit His Majesty and His Princely Sister.

    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 Munday the Prince was visited by Olivares, to let him know, the Kings Publique Devotion unto the Monastery La Merced, attended on Horse-back 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,

    That seeing the good service of the Conde Gonda∣more had imprinted such a singular Character in the K. of Great Brittains affection, to trust so excellent a terasure into Spain as his Highness, therefore he could not suffer any Subject of His unadvance, who had been so graciously accepted in Eng••••••••; For which cause he was resolved to make him a Coun∣sellour of State, though he accompted him indeed as an Englishman, Nay, rather for that respect, that they might be the more confident of his proceed∣ings, and Privy to the Inmost actions; and the Prince was impowred to establish him therein.

    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,* 24.3 Of all Of∣fences, and all Prisoners within the Continent of Spain released;

    Page 545

    and all English Slaves for Pyracy or Mortal Crimes, were set at li∣berty, and manifested to be done in contemplation of the Prince.

    The 16. of March appointed for the Princes Triumphal En∣try through Madrid. The day before, were presented two Barb-Gennets of excellent value,* 24.4 for the Prince to choose, and the o∣ther for the King.

    The Morning come, four Counsellours of State were sent to attend, and to conduct him to the Monastery, St. Ieronimo, neer Madrid; from whence the Kings of Spain, make their solemn Entries of Coronation; where he was feasted privately at Dinner by the Kings appointment.

    After Noon, was ent 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 Governours) had audience likewise.

    About four a Clock in the even, comes the King, whom the Prince receives at the ate, 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 attended twenty four of the Re∣gidores with a large Canopy of Tyssue▪ rich imbossed (being their office to bear it) were apparelled in rich Cloath of Tyssue, lined with Crimson Cloath of Gold; They both came under the Cano∣py, the Prince alwaies on the right hand; Before them the Courts and Ministers of Justice. Then the Grandies, and all the principal Noblemen in excellent Bravery, attended by their Followers in rich Equipage and Liveries (a custom in that King∣dom 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 cloath of State; which Canopy was presented to Buckingham, as a Fee to Him in that Office, and serving for the Prince, in whose honor, that daies action was performed. Then the Earl of Bristol, between two of the eldest Counsellours of State, and a Gentleman of the Bed-chamber; Sir Walter A∣ston 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 man∣ner; then numbers of gallant youth followed, being of the glory of that Court and Kingdome.

    The windows decked (you may believe) with the painted beauties of te most famous Donna's, the Houses outwardly

    Page 546

    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 Coun∣cills sate, to see and do reverence, and by the way several Pa∣geants, Representations of the rare Comedians and Dancers▪ and all to give content to that Royal Pair, as thy passed by un∣till they came to the Court-Gate.

    The Queen,* 24.5 and Infanta were Spectators, but soon retired to the Pallace to receive the visit; the King and Prince em∣bracing, passed up to the Queens Quarter, whom She recei∣ved at her Chamber Door; and conducted him to and under the Cloath of State; they sat 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 Tapistry of Ladies, Noble Mens Children, called Menines.

    Madam (said the Prince) the Honour of this Dayes Solemnity is due to your Majesty,* 24.6 which conveys Me hither to kiss your Princely hand.

    And so stooped to her Knee.

    Sir (said she) It is to your Highness, and in such manner as to the Royalty of Spain, due and done to your excellent merit.

    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 K. tok the right hand, Because (said he) your Highness is now at home; and so left him to his pecular attendants, and other Officers of honour, especially Grandees mixt amongst them to wait the Princes pleasure.

    And within an hour comes the Conde de Benavente,* 24.7 as Maior Dorro to the Queen, with a present.

    A Fair Bason of Massy Gold, born by two Men,

    Page 547

    A Cu••••ous imbroidered Night Gown laid double in it. Two great Trnks bound with bands of pure Gold, 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 in all Houses,* 24.8 and Windows for three Nights together by Proclamation, with wonderfull 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 Offi∣cers as the King, and of the same ranck and quality, with the one half of his Guard with golden Keyes of the Court to dispose to such English as the Prince was pleased to intrust. Great Triumphs in preparation, and the principal Nobility in Ara∣gon 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 ap∣parel was suspended.

    Some daies after invited to run at the Ring, in presence of his Mistress,* 24.9 he took it at the first course, with acclamations of joy and honour; The glory of which challenged fate to fi∣nish his desires with good success in the Infanta's favour. And although some daies had passed with utmost extremities of ga∣lantry, yet saw he not his Mistress, but at those distance••••; which was excused by Olivares, That the custome of the Nati•••• in Princely Overtures with Infanta's, was not to take view of neer∣er affections, till the Dispensation from Rome should come to ad∣mit them Lovers. Yet (as a Prince) he had access often in pre∣sence 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 by Patent,* 24.10 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, Caecils, Herberts, Howards, not a Noble Family that failed to tell posterity what he had seen in Spain.

    There is one who will have the Prince soundly beset for fair hopes to turn Papist] a scandal not worthy the confutation,* 24.11 for

    Page 548

    I have heard it discoursed oftimes afterward, when the Duke, Kensington, (after Earl of Holland) and Denbigh with others a∣vow, to the world thar there were never any proposals or de∣signs to alter the Princes Religion; for indeed it was so unlikely that in it self, it might be sufficient reason to hazard his succes∣sion. Though I may be easily drawn to believe (and do know some particulars) that the Arts and Engines at Rome, were set on work and vainly whetted for that advantage; and that the outward acts of State in that Negotiation, might mix secret wor∣kings, with circumstance and respects to the Romish Religion; and might thereafter through that Expedition amongst free Wits, and French Gazets, under divers censures since, not pro∣per for me, in these our last daies, so to dive into as to convince the malice of Libellers, These our Authors, Mr. Prinn, and the French Mercury, and other such stuff.

    Tis true too that the Dispensation moulded at Rome,* 24.12 indu∣ced the Pope Gregory, to write to the Prince, not improper so to do; and as handsome for his Highness to afford an Answer; both are in Print and common (such as they are) and of cu∣stome may be somwhat corrupted in the truth of what was writ, and by the answer we may understand the other.

    The Princes Answer to the Popes Letter.

    Most Holy Father,

    I Received the Dispatch with content,* 25.1 and as the respect and care, wherewith Your Holiness writes, doth require; Be∣ing unspeakable the Delight I had to read the generous Exploits of my Noble Pre∣dicessors, to whose memory Posterity have not sufficiently given due Elogies of Ho∣nour. I believe your Holiness sets their Examples before me for my imitation, and the courage which they had to exalt the Cross, hath not been more than the care

    Page 549

    which I have, that the peace of the Church might be bounded in true Concord, and as the glory of God requires our endea∣vours to unite.

    I do not esteem it greater honour to be descended from such Princes, than to imi∣tate them in true zeal of Piety: in which it assures me much to have known the Mind and Will of Our Thrice Honoured Lord and Father, to give concurrence to so laudable a design; for it doth not a lit∣tle grieve him to see, that great Evil grows from Division of Princes Christian, which if this Marriage between the Infanta of Spain, and my Self, may procure, I shall the rather conclude my happiness there∣in.

    For as I have been far from incourag∣ing Novelties, or to be a Partisan in any Factions against the Catholique Religion; so shall I seek occasion to take away suspiti∣ons, that I desire but One Religion, and One Faith, seeing We all believe in One Iesus Christ: Having resolved in my self to spare nothing, that I have in the World, my Estate and Life, for a thing so plea∣sing unto God, whom I implore to give your Holiness health and happiness.

    Charles Stuart.

    Page 550

    [A fatal Letter (saies one) whether this profession of the Prince did not rest upon him at his death?] was it such a sin in the Prince to wish and endeavour unity of faith and profession in Christ Iesus.* 25.2 But thus he carps at every clause, and descants on each syllable, adding the words Apostolick Roman, for Catholique Religion, as shews he took time and leasure to leave his Book large, and which inforces my Replies to this bigness of a Bulk.

    And now arrives the Dispensation from Rome,* 25.3 and there∣upon the Articles signed by that King, and Our Prince, were sent over to England, for our King and Council to consider. When Abbot Arch-bishop of Canterbury (in suspension of his function as you have heard, and not comming to the Council Table) somewhat factious to foment errours of State.* 25.4 Our Author saies [had the badge of a puritan clapt upon him] and un∣dertakes to join with the jealousie of fools [That hereupon a To∣leration must needs follow] and so as a chief Stickler, having no Office, nor much esteem to hazard undertakes a long Letter to the King, which perhaps was penned to please his Disciples, with copies to publish in print after his decease, we never heard tidings of it till now our last daies,* 25.5 for Abbot Arch-Bishop of Canterbury, Primate of all England, was the first Man that sig∣ned to the Post-script, which attested those Articles of the ma∣riage, and so did all the Privy Council. If not he? than none at all.

    O!* 25.6 [but the good old man is excused, Being much against his mind, and swore with as little zeal to observe it: such power (saies he) have Kings over Mens consciences] And I can tell him that there were two other Bishops,* 25.7 Iohn Bishop of Lincoln, and Lancelot Bishop of Winchester, Men of far greater merit, and high esteem, and evener Conscience, that subsigned with him.

    These Articles were concluded with a sumptuous Feast at White-Hall, and the Spanish Ambassadours invited that day to Dinner; but what to do?

    [That after Dinner they might take a private Oath of the King.* 25.8]

    For what? [Marry, in favour of Papists for free exercise of their Religion in all his Dominions, and that the Parliament should confirm that Oath.]

    Tis strange; That the Oath never came to light; but is it lost? Nay, for the Author had the Articles in keeping, but not the Oath.

    [Hereupon (he saies) followed disputes of Religion frequent; Doctor White, and Featly, against Fisher and Sweet, and sets down thirteen points of Popery, which they are not able to prove.

    Page 551

    And that presently thereupon a Chamber-floor at Black-Fryers fell down flat with the weight of the Auditory three hundred at a Popish Sermon,* 25.9 and a hundred killed out-right; besides many maimed; as the immediate hand of God a great Iudgement, or an unfortunate Mishap, through their wilful stupidity.]

    Abating his numerous Hearers also, there was indeed fifty found dead, and dying. It was in truth a miserable Spectacle for doctrine and use to all. Not as the fall of the Tower of Shilo was apprehended, of such as mistook the Justice of God, as peculiar only to those that suffered, but ought to be exam∣ple to all, to amend their lives also; yet see our Hypocrites charity to himself, and censure of othes.

    In this while the Articles signed are sent to Spain,* 25.10 and some outward preparations here anent the Infanta's entertainment, if she should come. A Chappel new built, adjoining to Saint Iames, the place for her Court.

    In Spain she was wantonly stiled Princess of England, and more frequent Meetings, afforded Her Suiter. In an intant Pope Gregory dyes, so that the dispensation not made use of as yet, was invalid, and a new License must now refer to Urban, that succeeds to the Chair.

    Winter quarter was come, the weather foul, unfit to travail and might indanger the Princes Return, by rough Seas, and therefore was invited to stay till after Christmass, and so to take his Consort with him.

    The Prince,* 25.11 and his Council doubting more delaies; sent word to England, for the Kings consent to return speedily, and had accordingly warrant, by the next Expresse, to take leave of Spain.

    This news so sudden startled that State; to have the Sister of so great a Monarch,* 25.12 and the best born in Europe, to be left by her Lover; with much regret that they had gone thus far for∣ward, which Olivares took upon him to quarrel, and in heat of discourse hereabout, with the Duke urged their sudden resolve of parting to be hastened by him, without the Princes intenti∣on.

    And Sennor Duca (saies he) you have not done well with us, to represent our affairs to your Master in evil sense.

    Buckingham told him, His information came far, but wished the Intelligencer there present.

    It cannot be denyed (saies Olivares.)

    It is false, (said the Duke.)

    The other starts back, in mighty passion, seeks for the Prince and tells him all.

    And had this Answer, He might not believe it, without just cause given or (otherwise) much mistaken.

    Page 552

    The Condies choler not abated, he finds out an English Gal∣lant, Sir George Goring, and in Language of a Challenge com∣plains,

    That did not his own sense of suffering come in competition with his Masters honour, the Duke should know the danger of the Ly.

    But he was told the others temper;

    Whom no threats could ever make afraid: and since your Grace seeks me out for the honour, I shall do your rrand and bring the Dukes Answer.

    Which was, That he had the like regret by being a Guest, but had rather to suffer under the power of the others Sword, than to injure truth withconsent to a contrary sense.

    But the King made them Friends.

    This great Favourite was named Gasper de Gusman,* 25.13 a third Brother, born in Rome, and upon the fall of his Predecessour-Favourite, and his Family, the Duke of Lerma, under Phi∣lip the third. This Man crept into esteem with the Prince at that Kings death; he mannaged all, and was in hasty time created, Conde-Duke de Olivares, an excellent Minister of State, with much zeal and passion to agrandize his Master and His Domini∣ons. So that the excess became his vice, to his loss of the affe∣ctions of the Princes, Nobility and People; and in time might have turned to the hazard of the whole Monarchy; The revolt of the Catalonians first, and the whole Kingdome of Portugall following, in anno 1640. The Islands and Indies after▪ having been sixty years under the Spanish Yoke, with several other con∣siderable plumes, pluckt from the Eagles wings; caused this same King Philip the fourth, afterwards to turn him off to his solitary home, where of grief he soon dyed.

    The Prince hastens his return,* 25.14 the Duke staied not that time but instantly took leave to attend the English Navy at St. An∣deras, and ere the Prince departed from the King, promises were made each to other, to make Esposals ten daies after the Arrival of the next Dispensation. And accordingly a Procuration was left by the Prince in Bristols hands to impower him there∣in.

    And to bear the Marks of Magnificence,* 25.15 the King present∣ed his Princely Guest with high and eminent gifts of value, and also to his Train: So did the Prince, if not more to the Court of Spain, especially to the Infanta, A Pearl Neck-Lace of in∣comparable value, which was returned after the Breach of the Business (Mr. Prinn takes the Pains to catalogue these presents not intending it I dare say for the Princes honour in the boun∣ty.) And after this he takes leave.

    The Queen and Prince in French, wherein she was natural; but Bristol took the Infanta's in Spanish, and turned it into Eng∣lish,

    Page 553

    which if not changed in the Dialect by his Art, she seemed to deliver up her own heart, in as high expressions, as that lan∣guage and her learning could (with her honour) set out.

    But to put the Prince to his complement, a Notary was pre∣sent, who in honour of his Highness took it upon Record, the antient custome from the Mighty. Empires of the East, the Scribe to lift up his right leg, and rest the heel upon the left Knee, and so writes.

    The King accompanied the Prince to the Escurial* 25.16 in his way to the Sea, a most Magnificent Structure, the eighth Wonder of the World, and Descriptions come short.

    I shall satisfy Curiosity with the Princes accompt thereof, at his return home, when he advised such as would throughly be acquainted to take the pains as he did, To go and see it. Lea∣ving the Relation to Coriats Discription, whose pilgrimage thither, some years ago, was perfected farther upon his Ten-To; * 25.17 for he died about Ganges in the East-Indies.

    After a Feast here; in his way to the water side, a Stag was roused, and (as if trained up to the chase) he leads the hunt di∣rectly for the Journey, and also (as if by consent falls down in a Copice, where at hand, in a full grown wood, they were re∣freshed with cool air, and a curious Banquet, seeming rather by Destiny than Design, seeing all accidents agreed in the impossi∣bility of any prefixed plot.

    This Holocaust Sacrifice concludes their parting, which the very beast express'd in tears.

    And truly a Sudden sadnesse and murmur amongst them all.

    In which general silence, the Kings complement came brea∣thing out.

    Sir (said he) Men most eminent are famed by * 25.18 their Adventures, and that your Person might give President to after times, Your Highness hath taken hazard by the hand in comming hither. Such At∣tempts in high Born Princes are without example; which hath tyed up Two in mutual conjunction of Love and Honour, and on my part with exceeding Obligation.

    The Prince replyed,

    Under protection of Your Sacred Maje∣sty

    Page 554

    all Difficulties turn to Delight, so great influence flows from You as to bind up My observance to honour Your Person; Espcially in preserving My Memorie with Grace and favour to me, the most de∣voted to My Dearest Mistress.

    The Rubrick of the day shews it the twelfth of September, Anno 1623.* 25.19 when with imbracings they parted, and a Pillow of Marble forthwith erected there, with inscriptions for perpe∣tual memory; the Princes departure.

    And therefore a false scandal on the King to have any Design to stay the Prince [had he not outstript the rest.]

    The Prince hastens to the Sea-side, waited on by numbers of the Spanish, Cardinal Zapata, the Marquess Aytone, the Condies of Barajos, Montare, and Gondamore, newly created, the height of all his preferments for all his Dissemblings. And Don Mendoza de Alcarnes, had commission to the King of Great Brittain, and command to wait on the Prince, and so to con∣gratulate his adventurous Journey into Spain, and his safe re∣turn into England.

    And from hence into Flanders, Germany, and Italy to make known to all those Princes and Potentates, Allies and Confe∣derates, the neer approaching and consummation of the marri∣age, and unity of both Nations.

    The beauty of Our gallant Navy (for in bigness of bulk theirs exceed) occasioned an invitation of them by the Prince, aboard his Ship, then called the Prince Royal.

    The pleasant evening invites the Prince to accompany his Guests in his Barge,* 25.20 back to the Shore; they had day enough, and coolest when latest, the best recreation. Besides, they gave it as a complement to take a Round of the whole Fleet, which took up more time, that had like to have been their last, for they were all almost lost.

    It becomes a Story of Princely hazard to tell out the Tale; when the Recovery takes delight from the danger.

    The Barge-men have a custom at the Oar to be cheered up by the Boat-swains whistle,* 25.21 to which One and All, with courage and force strain their brawny Limbs, untill they crack again, with such a gird, as might seem hazardous to divide the Barge, and pull themselves asunder. This over-wantonly done, with too much daring, put them to want it, when they came to dan∣ger. For now the damp fog fixes, and descends to the deeps,

    Page 555

    the Sun in shame sincks down to she Sea; the winds begin to whistle, and ere they apprehend danger, death seems to seize them with several distractions. A monstrous shower of Rain thickned the face of Heaven, so dark as Hell; and yet the Stars were seen, affording but light to discern more dread. The Sea with flames do burn, and yet sad clouds do sink down shores (of tears) as if to quench them: Yo would have thought the waves to heaven had wrought, and heaven to seas had sank, No place for Art or force. The Sea-men inured to Tryals, yet now grow fearful, horrour possesses all. No Card or compass aboard; They steered to and fro, doubtful what to do but to drown, and first to pray, which they did; and thereby were directed with wondrous chance to the glimpse of a candle, be∣ing the Lanthorn of an outlying ship. Hope helpt the worn-out Rowers to recover their faint hearts, and yet with difficulty, doubling the former danger, it was impossible to clap a∣board, so mighty were the billows to bulge the Barge. But up they get, and all safe, for his sake, the Prince of men, and of such a mind above the Power of all (but fortune) Seas or Wind.

    And in their company departs Mr. Clark,* 25.22 the Dukes At∣tendant, sent by the Prince to see the Spanish Train safe at home, and to bring back that good News to England.

    This complement had more of business, for he carried com∣mands under the Princes hand to Bristol, not to deliver the Procuration left in his charge till further▪ Order from England, upon the extremest peril to his person; It seems the Prince was not then over-earnest in the Match.

    Bristol bounded with this Restriction,* 25.23 by which he foresaw the fraction, having (by agrement) ten daies limitted after the Dispensation, should come, and so time to consider what to do; for Clark, having no order to return, with any answer; Bristols actions were by him narrowly observed, and advice thereof sent home to the Prince, by whose intelligence, the jealousie upon Bristol was heightned to crimes, almost to his af∣ter destruction.

    The fifth of October lands the Prince at Portsmouth,* 25.24 and the next day posts to London, with unspeakable Love in the Peo∣ples welcome; and therefore expressed in feasting and Bone∣fires; with little refreshment, he hasteth to Royston, the Kings usual abode▪ for the air in Autumn; who receiving the particu∣lar and just accompt of the Devices of Spain, and communica∣ted to the Council, it was concluded to acquaint a Parliament with all the proceedings, which was resolved with speed, Febru∣ary following.* 25.25

    Then Letters were sent to the Earl of Bristol, intimating the

    Page 556

    true sense in the King and his Council, of the Spanish Forms and delaies, which the Wisdom of the Prince, by his own pre∣sence and conversation discovered most abusive. But to meet in the jusling, and yet to bring theirs to maturity. He was to sus∣pend the Proxie till Christmass, though the Dispensation should come, the power mentioned in the Procuration being no lon∣ger of force, the Execution after that time would prove inva∣lid; and because the honour of England shall be preserved throughout, he was to review his former Instructions concern∣ing the Restitution of the Palatinate, and his Son-in-Laws Ele∣ctoral Dignity, and to presse them as inherent with the Mar∣riage.

    But all these Items, he was to reserve to himself without dis∣covery, untill the Dispensation should set those Demands on foot.

    Bristol bound up by this Express durst not break out the least limits to discover his own dislike to his Overlookers Aston and Clark, but in publick set out the Preparations of England, in more expensive proportion than those Provisions of Spain, for accomplishing so glorious a Marriage; which put the Spaniard into a firm opinion how powerfully he had captivated the Eng∣lish credulity. That the Ambassadour for Poland, then at Ma∣drid, Seeing the Corrival of his Masters Son had got assurance of his Mistress, took leave of his woing, and went home with the Wil∣low Garland.

    For now the Dispensation come, Bone-fires, and Bells-jang∣ling, were signals through Spain of the mutual joy of Prince, and people.

    And few daies after the Marriage was prefixt, with all possi∣ble preparations of State and Solemnity; both for the present dependance, and future reference, even to the Ordering of her voyage to England in March after.

    When in the interim fresh commands confirming the former by several Expresses for failing; Bristol opens to King Philip his Masters resolutions,

    That having with vast expence,* 25.26 and ininite patience, expected the effects of his just desires, with hazard of the Prince his Person, to consummate his part in the Treaty, that nothing might lodge up∣on the King of Englands honour, so highly preserved with all Po∣tntates of Europe, and therefore unless the Restitution of the Pa∣lainate, and the Electoral Dignity were included, the Treaty of Ma∣riage was 〈◊〉〈◊〉 to take end.

    The King troubled to be over-reached, and to see it without remedy fairly answered,

    That those Demands were not in his power to effect, the one un∣•••••• the command of the Emperour, the other in possession of the

    Page 557

    Duke of Bavaria, and if those could not be reduced with reason, he would with Arms asist the Kings part against them, or others in that behalf.

    And not long after, the Spaniard taking it in earnest, and Bristol having no motion to any further address, had order (in honour to the King of Spain) to expect no more audience, nor to send conveyance of any more Letters to the Infanta; and by publick command, none should call her hereafter, Princess of England, as in honor to the Match, they had usually stiled her; and Bristol prepared to return home.* 25.27

    The twelfth of February the Duke of Richmond dyed, that morning being found dead by his Dutchess, whom she left slumbering, as she thought somewhat early, when she arose; and therefore forbore his disquiet, until the late hour seemed necessary to call him up to the Parliament; but gently with∣drawing the Curtains, he was found dead, without the least Symptomes of any warning to shew distemper in his body. This sudden amazement to all, caused the King instantly to adjourn the meeting till the 19. day after.

    Various conceipts were rumoured of his hasty end, which ac∣cording to the peoples fancies, suffered several conjectures some attributing his death to an Apoplexie, to a Surfeit, to Poyson, [which served (saies one) as a forerunner to the King] for he will have him impoisoned also.* 25.28

    The Parliament meet at the day assigned, and the King greets them.

    In effect thus.

    That to justify himself and willingness with frequency to ad∣vise with his people.* 25.29 He urges it by way of Parable in Christ and his Church, so he saies, as Husband to them, his Spouse, the effects of communion with Man and Wife is often visiting each other.

    There being two waies of Love in a King and his people, ordina∣ry and particular administration of Iustice; and by communica∣ting with his Parliament. For the first, that his Government hath been without errour, he cannot say, but does truly avouch it before God, and his Angels, that never King governed with more pure, sincere and uncorrupt heart, from intention and meaning of Error, or imperfection in his Reign.

    The other part he imparts as a secret importance to his estate and children; These waies, as they procure love of his People, and of them, he acknowledges the effect, whom the Parliament represents; so he desires, That they would effectually present the Peoples Loves to him, as a true Mirrour, not as a false Glass, otherwise than it should be.

    Page 558

    In a word, he falls upon the Matter; The match of his Sonne, wherein they cannot but know, his time spent his cost.

    His Reasons; Advancement of his Estate and Children, and peace of Christendome, depending too much upon fair hopes and promises; with the necessary hazard of his Son to prosecute his de∣sires in Spain; and with him Buckingham to wait his Commands, who are returned, not with such effect as was desired; nor altogether without profit. For it took forth a point of Wisdome; Qui versa∣tur in universalibus, &c. is easily deceived, the Generals affording others, ways to evade, and means to avoid effects.

    The particulars too many for him to relate, he refers them to the Prince, to Buckingham, and the Secretaries; that so Super totam Materiam, he may receive their Assistance and advice for the good of the Commonwealth, Religion, His Son, and His children of the Palatine.

    And for his Estate, it is considerable, as consisting with theirs; And as Res Integra is presented to them, so he professes himself free to follow their best advice.

    By Metaphor of good Gardiners, that plant good and pluck up bad, weeds choak their Labours, but jealousies are to be rooted out; for they are of a strange depth.

    And cleers himself in the presence of God, of either Remissness in Religion, or maintenance of Toleration; what suspition might be, was when he connived at some things, which hindred weighty affairs, but never to overthrow or disagree with Our Laws; For a good Horse-man spares the spur, and sometimes suffers the Reigns; so a Wise King (as his age and experience informs) to quicken, and execute Laws, and upon just occasion to be remiss.

    And closes with that, which he would have take best impression, as most averse from their faith; their Privileges. He never re∣strained Lawful Liberties, antiently warrantable, therefore he fore∣warns them (as Saint Paul did Timothy) to avoid Genealogies and curious Questions, quirks of Law, idle Innovations. And his pray∣ers to God for them, and a happy Conclusion of this Parliament.

    Concluding with serious and Christian Protestations before God, That never way-faring Man in the burning Desarts, more desired water to quench his drought, than he thirsted and longed for happy success of this Parliamet. that the good issue of this, may expiate and acquit the fruitless of the former,

    AMEN.

    This the effect; His occasions were alwaies to speak much; and his excellent abilities to speak well; worthy of print as they are other where virbatim; which the bulk of this History craves leave to breviate.* 25.30

    The Lord Keeper, as Speaker to the Peers, whose place there

    Page 559

    usually adds to the Kings mind and meaning, and excuses him∣self,

    After his Eloquence to be silent; not to enamel a Gold Ring with studs of Iron. And as One saies of Nerva, that having adopted Trajan, he was immediately taken away, Ne post divinum & im∣mortale factum, aliquid Mortale faceret; So he durst not after his Majesty, Divinum & Immortale dictum, Mortale aliquid addere.

    Of this one complains, as the temper of those times onely, [Men make themselves Beasts,* 25.31 by making Kings Gods] and ad∣vances highly the Spanish and French [not idolizing their Kings with Sacred, Sovereign, Immortal, Oraculous Expressions, but in their Title Sir, tells the business and demands Iustice.]

    When both houses had well digested the Kings excuses, and given some hopes of their good satisfaction, and so cleerly to go on to business of the time; It was thought fit for the King to perorm his promise in reference to further Relation of the Mysteries in the Match.

    And therefore after five daies breathing, the Duke of Buc∣kingham, with the Prince, gave particular remonstrance to both Houses of such Transactions (or so many as is necessary) as be∣fore* 25.32 remembred, especially those which were mannaged by Sir Richard Weston, with the Arch-dutchess at Bruxels, in reference to the K. of Spain, and both their jugglings, viz.

    That thereupon the King sent Porter to Spain, and was abused with hopes to credit Bristol; till Olivares told him plainly, That they meant neither the Match, nor the Restitution of the Palati∣nate.

    Bristol in private, discovers this freedome to Olivares, who incensed with Porter, refuses to speak with him any more. And so Bristol orders his return, with a dispatch and assurance of both De∣mands; but being of slow performance, the Prince undertakes it himself in Person, where the Spanish deceipts, and Bristols con∣nivance, being with some intricacy discovered, by the Prince; He is now returned through all these hazards, to deserve thanks from us all.

    The Duke having satisfyed the curiosity of a searching Par∣liament, was highly esteemed as the Preserver of the Nation, contrary to that natural custome of incompatibillity of affecti∣ons, between the vulgar and the Sovereigns favour, and so he kept it to the Kings last breath (eighteen Moneths after) a long course, calm and smooth prosperity, without any visible ecclipse or variation.

    Though an Author seeks to scandal his Memory [And brings* 25.33 Bristol his Accuser hereafter (I know not when) That the Duke ca∣ried the Prince Purposely into Spain to be better instructed in Popery,

    Page 560

    and gave hopes of the Princes conversion; and professed himself a Papist, heard Masse, adored their Sacraments, and received a Bull from the Pope to incourage him to pervert both the King and the Prince.]

    These imputations so feigned and false, need no confutation but neglect and scorn, though some Articles since seem to say so much.

    The Parliament had other opinions then,* 25.34 and thereupon ad∣vised the King to break the Treaty, and proclaim open Warre against Spain, but in such General terms as gave his Wisdome cause to suspect; and therefore thinks fit to propound such cau∣tions to them, as should advisedly draw to Resolutions, and not leave him in the lurch,

    My Lords and Gentlemen,

    Have cause to thank God,* 25.35 that my last Speech takes this effect, that with unanime consent you have so speedily given advice in this Businesse; to break off the Treaties of the Match, and Pala∣tinate.

    And now give me leave, as an old King, to propaund my doubts and hereafter give me your answer.

    It is true, I have been all my life a Peaceable King, my Titles, and Impress Rex Pacificus give me that Honour; and should I now imbroyl my self in War against my Nature, and mine honour, to spill more blood, of which too mch had been shed? unless it be by Necessity, Malum Necessarium; Besides He tells them, Some hopes of better conditions hath been offered since this sitting. But to take off their Iealousies, that while they advise he rejects. It is there∣fore left to their consideration, as a matter of weight, that the course may agree with his conscience.

    In the case of his Children, he being old, would be glad (as Mo∣ses saw the promised Land afar off) if not to see the Restitution, yet to be but assured it shall be, and so to sing, Nunc Dimittis Do∣mine.

    He hath heretofore said, as now, not to desire a furrow of Land in all his Dominions without Restitution of the Palatinate; but then take the Difficulties of the Case. It is unchristian to advise a King to War by blood which may be had by Peace. And to consider the Re∣quisites anent his Nccessityes, for he tells them plain, Parliaments have afforded him least helps of any King.* 25.36 His disabilities increased by his Sons journey to Spain, Ambassadours, maintenance of His Children, assisting the Palatinate, his debt to Denmark for the Low Countries, who, if not assisted by him cannot subsist of themselves.

    The Princes of Germany that should help, are poor, weok, dis∣heartned,

    Page 561

    and expect from hence. Ireland as a back-door,* 25.37 must be secured; The Navy though well, must be repaired for securing it self, and the Coasts.

    That his children abroad eat no bread but by him. His customs the best part of his Revenue in effect the substance of all are farmed with conditions if war follow, their bargains sease, and Subsidies ask time to bring in, unless he take them up upon credit, and so lose of their value.

    In these cases he would be loath to shew his Teeth, and cannot bite. And refers the condition of his own Estate to his Treasurer.

    And thus freely he opens his heart; for their Hearts and Help, let them shew the means, and he will do what they direct, referring the dispose of monies to their own Deputies and Treasurers; and up∣on the offer of their Means, he makes War; he will wave the Pre∣rogative of Kings, of War and Peace, and be advised by them in ei∣ther for weapons breed peace.

    He desires to be in Love with Parlaments to make good Laws, re∣form abuses and maintain good Government, and so blesses their la∣bours to the end.

    Thus far the King.

    Here was plainess. He had cause to fear, for he foresaw his own hazard to be left in the lurch. So that to set him forward, without despair, they soeak as they should mean, and not long after give him this Declaration.

    They first render thanks to his sacred Majesty for accepting their humble advice, to assist him in a Parliamentary way with their persons and abilities.

    And whereas his Majesty was pleased to descend to particular propositions for advance of so great a Buiness, upon his Maje∣sties Declaration for dissolution and discharge of both Treaties, and for defence of the Realm, the securing Ireland, the assi∣sting the Netherlands, and other his Majestyes Friends and Al∣lyes, and for the Navy. For these they will grant him three in∣tire Subsidies, and three fifteens, to be paid within a year. The money to be in hands of Committes and Commissioners by them to be expended, as shall be agreed upon this present Sessi∣on.

    The King was well pleased, and tells them,

    He is willing to dissolve the Treaties, their Gift being sufficient to begin a War, but when it will end God knowes. That he will in∣gage his Successor, his Son, for the recovery of the Palatinate, and in his old age will assist in Person, if need be. That as he is pleased the Committes should direct the disposing of the monies, so the De∣sign must not be acted by publick councells, that is, whether two thou∣san or ten thousand, by Sea or Land, East or West by Diversion or

    Page 562

    Invasion, upon the Emperour or Bavaria; these be hopes must be left to the King.

    Hereupon a Council of War is chosen of some antient A∣ctors in the Militia of Ireland,* 25.38 and other Nobility, the Meet∣ing at the Savor, at the Lord Caries, President of that Coun∣cil, who resolve of six thousand to be sent for the present into the Low Countreys, to join with their forces, against the Spanish under command of Spinola, and so have a freer passage into Ger∣many, if need were hereafter.

    The Spanish Ambassadour Marquess of Inojos, much per∣plexed at the even proceedings between the King and Parlia∣ment, * 25.39 resolved to put in practice a Jesuite trick upon Buck∣ingham, by that means to distemper the Calm proceedings of this State.

    We are told the Manner [That Inojosa sent one Padre Maje∣stre a Spanish Iesuit,* 25.40 a great Statesman, to King James, that he under confession had found the King was by Buckingham, or by his procurement to be killed, but whether by Poison, Pistol, Dagger, &c. he could not tell. Then that the King should say to Bucking∣ham, ah Stenny, Stenny, (a term of favour) wilt thou kill me▪ the Duke in high passion, being told that Padre Majestre had been with the King, who being questioned by the Duke; Inojosa under∣took the quarrel, and told the Duke, he would maintain him the Traytor, &c.]

    Another saies [That the Ambassadour sent one to the King to let him know,* 25.41 That the Duke of Buckingham had some dangerous Machination on foot, that tended to his Destruction, and the best He could expect would be a Coninement to a Country House in some Park during his life, the Prince being now ripe for Government, &c. and the Author concludes, That such an attempt could not be done without the Princes privity, and yet the King was willing to have the Brat strangled in the Womb; though there was cause to suspect, that the great intimacy and deerness between the Prince, and Duke (like the conjunction of two dreadfull Planets) could not but portend the production of some dangerous effect to the Old King.]

    What horrid infamy is here cast on them both?

    But this was the story and the truth,* 25.42 for not a day passed then, but that I was present, and acquainted with all that trans∣action to the end. It was well known how much it concerned the Ambassadour for his Masters honour to disimprove the va∣lue of Buckingham, with the King and Parliament, and cun∣ningly meant to do it home, and to involve the Prince too in one and the same act.

    And therefore aspersed abroad a suspition (which really also Inojosa devised to the Kings ear) That Buckingham should have

    Page 563

    plotted this Parliament to over power the King, which if re∣sisted, then by that authority to conine the King, and to transfer so∣veraignty upon the Prince.

    And thus (Machevils rule) lay the scandal high enough, no matter to prove it.

    Himself the Brocher, to be free from Examination, being qualified an Ambassadour.

    A great noise there was (I remember well) more in the peo∣ples resentment than any way considerable at Court. And yet the Duke was not so dull to neglect the means of satisfying O∣thers. Himself and Prince needed not, nor truly did it any way interfear (as it was devised) to startle the King.

    And being generally cryed down as a false scandal, the po∣wer of all three could not question an Ambassadour, though it was scanned at the Council Table, and put to vote in the house too, how to proceed with him: That the Shield of his Ambassy was too weak to defend him from the Sword of Iustice, for then he resolves into a private man.

    The Duke not satisfyed,* 25.43 had the opinion of a learned An∣tiquary who with much circumstance advised and directed a tedious Ceremony of State to be used therein.

    Both Speakers to remonstrate to the Ambassadour the crime, and if he reveal not the Informers, then is he Author Scandali, and so the Houses to petition the King to confine him, and restrain his person till his Master know his offence, and satisfy Iustice. If he does not; then is it Transactio Criminis, upon himself, and draws a denounce of War.

    But the wisdome of the King would have none of this Geer. Yet the Prince and Duke complained hereof to Spain, and a command returned to Inojosa to crave forgivenesse, which he did,; and the Duke in confidence of his own Innocency, suffered it to passe without much more trouble to seek satis∣faction in publique: for he would always say, Lyes are not long liv'd.

    And indeed more he could not have; Examples vary, some Ambassadours in like cases have been secured and punished, o∣thers freed by privilege; for in the times of the Scots Affairs, with Us and France; frequent Presidents have been used, by Throgmorton, Randolph, Tanworth, and Bishop Ross, according to the power of the Princes where they have been committed,* 25.44 as hath been before mentioned.

    The Earl of Bristol, this while in Spain, received command to take leave of that King, and to return; and had intelligence from hence in what hazard he should appear after such Com∣plaints in Parliament against him.* 25.45 And indeed he delayed it so long that it was suspected he would stay there, being so advi∣sed

    Page 564

    by the King of Spain, who gave him assurance of all Civi∣lity and kindness in his Court for security, rather than adven∣ture his head at home.

    But these branglings here, feigned there to be high Distra∣ction, * 25.46 gave him courage to return [where no sooner appeared but was clapt up in the Tower (saes one) and the next day set at Li∣berty, nor durst any bring him to farther Tryal] He was commit∣ted by the Lords in Parliament,* 25.47 and might have lain there lon∣ger a Prisoner; but the Duke made means for his release, least it should move jealousies, that it was his design thereby to de∣lay his Tryal; and this to my knowledge, for I acted in his re∣lease. He being earnestly pursued by the Duke, and had the Parliament lasted, it might have proved his destruction, who afterwards humbled himself, and gained favour to retire into the Countrey to Shirbone, that fatal seat for suceeding Offen∣dors.

    But the Spanish Ambassadours practice failing, some Lords, set on work a Petition to the King against Papists, as intending it necessary to go on with the complyance of the Publick Af∣fair, now happly proceeding, or to hazard all, and nothing would serve to satisfy these Men, but several Conferences of both Houses, untill they had with consent framed their Propositions, and presented them to the King in two Petiti∣ons alike.

    We your Majesties most Humble and Loyal Subjects the Lords and Commons do in all humility offer unto your Majesty These two Petitions.

    THat for the more safety of your Realms,* 25.48 and better keeping your subjects in obedience, and other important reasons of State, your Majesty would be pleased by some such course as you shall think fit to give present Order that all the Laws be put in due execu∣tion against Iesuits, Seminary Priests, and others, having taken Orders of the See of Rome, and generally against all Popish Re∣cusants; and as for disarming, that it may be done according to the Laws, Acts and Directions of State in that Case.

    And least the Iesuits and Priests here, may pretend to be surpris∣sed that a day certain may prefix their departure, and neither they nor other to return or come hither, upon peril of severest Penalties of the Lawes now in force. And that no Subjects receive, entertain or conceal them upon penalties, &c.

    Seeing we are thus happily delivered from those Treaties, and

    Page 565

    the use which your ill affected subjects made thereof, and yet we fore see the like hereafter. We therefore are humble Suiters to your Ma∣jesty, To secure the hearts of your good Subjects, by your Royal word, That upon no occasion of Marriage or Treaty (or such other Request, from foreign Prince, or State what soever) you will slacken the exe∣cution of the said Laws against Iesuits, Priests, and Popish Recu∣sants.

    And humbly pray a gratious Answer.

    The King doubting this double Petition, intended as a check to the main business, resolved yet to satisfie them.

    That he commends both Houses for their Petition,* 25.49 but wonders at their suspition, to spur him on to his conscience and duty. That his Religion, Profession and behaviour, his own Books declare; nor will swarve from them, for he that dissembles with God, will be distrast∣ed by Men.

    That his heart bleeds at the increase of Popery, as thorns in his eyes and pricks in his sides. He hath alwaies desired to hinder the growth as a Martyr; As in the sense of Isaac, persecuted by Isma∣el by mocking words, as no King ever suffered more of ill tongues. Yet he hath been far from per seeuting, believing that rule, Sanguis Martyrum est semen Ecclesiae.

    As for the Petition, he grants in substance what they ask, and adds of his own. Their Treaties being annulled their desire is gran∣ted, and will declare by Proclamation to banish Iesuits and Priests by a day, but a Proclamation here extends onely to this King∣dome.

    He will do more, command his Iudges in circuit to put the Laws in Execution against Recusants, as before the Treaties, the Laws being in force, and never dispensed with by him; but as he told them heretofore, as a good Horseman to use sometimes the Reigns, not alwaies the spur. He promisth by Declaration to disarm them; which indeed is done by the Laws. Nay, will disorder the Papists frequenting to Ambassadours Masses; for though he cannot break their privilege, yet the Lord Maior, and Officers may seize them as they come out. And resolves to order the Education of Recusants children, as he hath advised therein with his Bishops and Council.

    The second part of the Petition is the best advice in the World, be∣ing against the Rule of Wisdome, that Subjects should transgresse a Law by Intercession of a Foreign Prince, and forst in such conditi∣ons in such a Treaty; which he will avoid in any whatever.

    This his answer so satisfactory as pleased the Parliament. (Saes Calumny) [He promised much,* 25.50 and performed lit∣tle.]

    Page 566

    See what he did by the sequel. Order was forthwith to inroll the chiefest Recusants, you see he spares none, nor were the Parliament so nice as to leave the best of them out.

    The Earl of Rutland, Sir Thomas Compton (the Dukes two Fathers in Law) the Countess his Mother, Earl Castlehaven, the Lords Herbert, Rivers, Peter, Morly, Windsor, Eure, Wootton, Teinham, Scroop; and of Knights, Courtney, Brewdnel, Somer∣set, Ireland, Stonners, Brown, Howard, Powel, Lacon, Lewkner, Awbery Gage, Shelly, Carvel, Wiseman, Gerrard, Filpot, Rus∣sel, Bedingfield, Wrey, Conwey, Iones, Conyers, Lamplow, Sa∣vage, Mosly, Beston, Riddal, Wyral, Townsend, Norris, Knevet, Tasborough, Selby, Tichburn, Hall, Perkins, Penruddock, Sands, and divers Esquires and Gentlemen, either by themselves or their Wives.

    These men were all at Mercy, and who ever else the Parlia∣ment would pick out, with lime and baited Hooks to catch them; for the King not minded to interrupt them (having done his part) withdrew to New Market cold air, for his Northern con∣ditions the most healthy.

    The Prince increasing in years,* 25.51 and in affection of the Peo∣ple, it was most convenient also to speed him a marriage. The Treaties with Spain being thus far annulled. Some Overtures were hinted from France, of their willingness for a Match with Madam, the Princess Henritta Maria, the French Kings youn∣gest Sister, the two others being preferred to Spain and Sa∣voy.

    And because it was necessary to feel the pulse of that State, Sir Henry Rich Lord Kensington, was sent over singly, and at his own time and discretion to mannage the discovery of the French affections. and then to present himself, with his cre∣dence.

    He arrived (in no publique splendour) at Paris, on Sunday after Noon, and was informed that the King intended the next morning a journey for five or six daies to Shantelie a House of Momorancies, and therefore in private Kensington gave visit to the Duke of Chevereux, who with his Lady, were appareling for instant Actors in the Queens Mask, and within an hower came the Queen Regent and Madame and in an hours view might have this chatater.

    The Sweetest Creature in France,* 25.52 her growth as her age little, her Discourse discreet and quick, and had the report of Wisdom be∣yond her years, and for additions of grace, she was said to dance and sing most sweetly, I am fure she lookt so.

    My Lord had reason to suspect the Queens reserve towards him▪ she being Spanish, and so not well pleased with the breach of her Sisters match. But she was changed so much French,

    Page 567

    as to grace him with her hand. The King was told of Kensing∣ton, and because of his journey next Morning, purposed to re∣ceive him an Ambassadour, as some had suggested to him, un∣till Chevereux assured him the contrary, his comming meerly to kiss his Majestyes hand, and see the glory of his Court this Christmass; and so was taken to the Masque, danced by six∣teen the greatest Princesses of France, with whom the King and his Masquers (the last Tuesday) were now by lot to dance with these Ladies, and all these, and the Court besides, so in∣finitely rich in Iewels (golden and silver dressing being there forbidden) as their apparel, almost all, mbroidered and thick with Diamonds and Pearl, as usually with purl.

    I doubt not, but some countereit, or else you might have suspected the wealth of that nation on their backs.

    The presence of a Stranger, somewhat publique, presented to each persons caress made most men (acquainted with State) to judge the plot of his Journey, was rather to set an edge up∣on Spain; to cut off delayes, than to cut the throat of that business.

    The Kings weakness or indisposition to affairs, gave leave and time to Queen Mother to mannage all; who receiving an humble visit by Kensington to kiss her hands, she entered dis∣course of the Spanish Allyance.

    The Treaty (said he) had suffered many Delaies, and was annul∣led. Though the Spanish Ambassadour there, had given it out to be concluded, on purpose to prevent conjunction with France which he suspected, and his design got credit with some per∣sons of power, seeing Kensington had no Credentials positive to speak to the purpose. Yet from others,* 25.53 and not the mean∣est, he apprehended the affections of that State, generally pre∣pared to receive offers of Amity and Allyance▪ when the disso∣lution of the other shall be declared.

    Indeed the Savoy Embassadour there said, That the intention of the King of Spain, was for a Cross Match with France for him∣self.

    But the late abuse upon the English in that way, made the French wary, and hastily to bite at that bate. Yet the reasons of State were not unequal. Our Design was double, both Mar∣riage and League against Spain. And if the French should match with Spain, and so hold us to hard conditions, they have the safer ground; for they may expect restitution of the Valto∣line, as we do demand the Palatinate, these two being the open quarrels on both parts to ground.

    And these doubts were suspected to draw on a tedious Treaty and therefore it was thought fit by the English to insist upon the Match, and bring on the League, necessarily to follow, and

    Page 568

    to have reasonable conditions concerning Catholiques in Eng∣land.

    Indeed the necessity of the French Affairs, least Spain, that hath begirt them, should in time swallow them up, was like to make this Match easie enough for the English; the alarm being fresh in Court, from the Spaniards raising a fort upon the ruin, to command the Town of Liege.

    Queen Mother, suspecting that Kensingtons errand was in ear∣nest, by degrees, gave him incouragement to speak plain though it was his part to plead and wo too, without any signal.

    The Duke of Chevereux and Le Grand, of credit and power both, were the men this Design most affected. Kensington bore the Princes Picture tackt to his Breast, limm'd in little in a Case of set Diamonds, which the Queen would offer to open, as to shew the Ladies, which they would as often desire, to please her Majesty, who (me thought) did love to look on it, She wishing that some good occasion might make them meet, and she might see him like himself. But because Madam. could not in modesty or honor get a glance of his shadow, she in private delt with a Madamoselle, that had some interest in one of the Lords Family, to borrow the Picture, and so in secret to gaze her fill, where in much hast she opened the Picture, and dis∣covered her passions, her blushes not concealing her inward affe∣ctions to his person, which she prized by praising his Picture in presence of him that saw her.

    Two mouths calmed the way unto the Mother, she and Le Grand advised to move the King, if this business were fitted to the full.

    But Kensington declined, as not to deliver the King his Ma∣sters inclination, unless he might receive the return, answerable to a due respect and value of the Proposition. Of which being assured, he took his opportunity to withdraw the K. towards the window, and told him,

    That his journey to France was singly his own inclination to ho∣nour and serve him, and therein to discover how the Prince of Wales would be free and disingaged from the Spanish Treaty, not finding them to his expectation in such particulars as principally should invite a Conjunction. And therefore the Duke of Bucking∣ham had exercised his interest with the King and Prince to con∣vert those thoughts towards his Majesty, from whom it was perswa∣ded, nothing but truth and honour would be returned, as an ad∣vantage to both Nations; And believed that if the King would shew a disposition inclineable, the effects would soon confirm the end of his comming, free from other Designs, than what he now ex∣pressed.

    The King (often uncovered) said,

    Page 569

    He had not heard, that the Match with Spain, was as yet broke, the just cause for him to be reserved. But assured him in general, That any propositions from the King of Great Brittain should be heartily received.

    This was short,* 25.54 for his Imperfection of extream stammering by nature, made him usually speak very little, whose affection (if one might Guess by his courtesy) would have said more, as most of the Ministers of that State did, And that nothing to them was more equal than Amity and Allyance with England.

    This entrance encouraged Kensington to discover himself and letters of Credence to the King, and so was quallified to treat futher.

    And to increase more than Jealousies in the young Count Soissons,* 25.55 who had some hopes of pretensions towards Madame, but now discouraged, and the more upon discourse of the Car∣dinal Rochfalcaut with his Mother, to take off all expectation? That in this Conjunction of Affairs, the King would no doubt pre∣fer his Sister into England, with advantage of his Dignity, and her Honour, and (though he loved the Count) he would counsel his Master to the contrary with him.

    Soissons encountring Kensington,* 25.56 had his salute due to his rank, a great Peer of the Blood, who disdainfully turned aside, and so a second time; in presence of Grandmont, he told it to the Marquess de la valesse, a Confident of the Counts, who conveys it to Soissons, and was answered, That he affords no better Coun∣tenance to Kensington whom he hates not, but his errand, which he resented so ill, as were it not the behalf of so great a Prince, he had a heart to cut Kensingtons throat; And so retires out of Town.

    This boldness of him, to aver Corrival with our Prince, and abuse of his Minister, made Kensington begin the quarrel with a Challenge, which the Count accepts, but the former passages were so narrowly observed, with the publick interest and ho∣nour of that State, so neerly concerned, that the Count was se∣cured, and Kensington seized into several Courtships, as made it not possible to try the Combate, but were both made Friends by the King.

    The Treaty on foot, and the Match mannaged most by the Constable, Monsieur de Vieuxville, who after some disgusts upon the peoples interest, was for that secured from their rage by a seeming imprisonment, and after rewarded by publique prefer∣ment, being the Queen Mothers Instrument also, to enter her neerer Favourite Cardinal Richlieu her Confessor, and great Confident,* 25.57 and now introduced him also into the Cabinet Coun∣cil, composed of the Queen Mother, the Cardinals Rochfalcour and Richliew, the Constable, and the Guard de Seaux.

    Page 570

    To assist Kensington, comes over Carlile, with joint Commis∣sion to ballance the French Council.

    The first difficulty likely to be insisted upon was Religion, wherein they were told the course that King Iames might be driven unto,* 25.58 to banish Iesuits and Priests, and quicken the Laws against other Catholicks, in necessity of reducing them within the bounds of obedience, correspondent to the expecta∣tion of Parliament now sitting; for without them this work of weight could not proceed, which with much altercation was at last resented as reason, upon hope of Moderation herafter, which was all they pretended unto.

    And that the Grace theeof might the rather flow from the mediation of that State (so much stood upon by Spain) to save their honours therein, who otherwise would be held H∣reticks.

    And their good inclination forthwith appeared in the publick Treatment of the Ambassadours, for some time, at the Kings charge; which so heightned them thereafter, that their Expence so Magnificently profuse, was never matched by any.

    Many subtilties lengthened the Treaty, the French follow∣ing the former way of the Spanish delay, from their several O∣vertures to cross ours; and ministred an excuse, Of unseasona∣ble concluding in this conjuncture of time, when such great changes are apt to beget jealousies from neighbour States.

    And this was cunningly fomented by the Spanish Ambassa∣dour, who vaunted, That there is not a greater change in La Vi∣euxville his preferment (who governed all) as there is in the Ge∣neral affections, which follow the stream of his greatness and cre∣dit.

    Casting in the Kings mind the Seeds of doubt; whereto Oli∣vares in Spain did contribute his Rodimentado to Bristol, not yet come home,

    That if the Pope should grant a Dispensation for France, his Master would march to Rome, and sack it.

    However, Kensington (who was more interessed to press the Princes affection, than his Collegue Carlisle) had leave to make Address unto Madame, at some distance, yet neerer than before, with such commands as the Prince had intrusted to him, which Queen Mother would know.

    No (saies the Baron) that were in example to the like prejudice, which the Spaniard put upon the Prince.

    She replyed, The Case is different, there he was in person, here but by Deputy.

    But yet such a Deputy (saies Kensington) that represents his Person.

    Page 571

    Mais pour tout celas, (dit elle) qu' est ce, que vous diret? Rien (dit ille) qui ne soit digne, des orcilles d' une si virtueuse Princesse. Mais qu' est ce? said she.

    Why, if your Majesty will needs know, it will be much to this effect, and so in a way of freedom, exprest it thus,

    That your Majesty hath afforded me liberty of free Discourse, presenting his Highness service, not by complement, but by pas∣sions of affections; which both her outward and inward Beauties, the virtues of her Mind hath so inlightened his resolve, as to contri∣bute his utmost to her allyance, as the greatest happiness here upon Earth, if the Success might minister occasion to manifest his De∣votion in adoring her.

    And going on.

    Aller aller (said she) il ny a point de danger en tout cela, je me fie en vous, se me fie.

    But I dare say, he said more to Madame, who drank down the joy, and with a low courtesie acknowledged it to the Prince addig her extream obligement to his Highnesse in the happi∣ness of meriting such eminent place in his good graces.

    Then turns he to the old Ones that guard her, Ladies, saies he, Since the Queen grants me these freedomes, It would not ill become your Ladyships to speak and do suitable; Letting them know that the Prince had Madames Picture in the Cubinet of his heart as well as in his hand, and so fed his Eyes and Soul with sight, and contemplation until he should be blessed with her person.

    This serving as a second Courtship to Her self, who no doubt took up each syllable as it fell from him; and such success fol∣lowed, that Carlile had the Garter of Saint George sent him, snd the Baron converted to an Earl and called Holland.

    The Princess appearing more in publique,* 25.59 Her Court and Train inlarged, and though our Embassadours had to do with harsh and subtile Clergy, and the rest, resolute Statists, yet so reasonable were the conditions on both sides, as that the Articles were receiv∣ed by King James, not long before his death, but not sworn unto (as some do say that he did) and worse would make us believe. [That Carliles comming was to delay the Treaty in hope of renewing that with Spain.]

    A scandal evised to make the King odious, and the Prince in∣constant; for the copied Articles of several Transactions, and the original Dispatches are to be produced in answer to all.

    And thus was the business mannaged abroad until she came over to be Queen of England.

    These were times of Tryal at home, Inquisition upon all Mens actions, the King being willing to expose his greatest Ministers, who escaped not the censure.

    Page 572

    The Lord Treasurer Cranfield is questioned for mismannaging the Exchequer. I find him of no mean Family in Gloucester∣shire, as by their Cote Arms in the Heraulds Office, Or, on a pale azure three flower de luces of the first.* 25.60 He was brother to Sir Ran∣dolph Cranfield, who inherited their Fathers possession there and in other Counties of good value. This Man was bred a Merchant in London, and by his extraordinary qualities and blessings of God upon his endeavours, in that laudable way of Adventure, be∣sides his understanding in the affairs of the customes, became use∣ful to the State.

    And first had the honour of Knighthood, Master of the Requests, then made Master of the Kings Wardrobe, afterwards Master of the Court of Wards and Liveries, and Privy Counsellour, Baron Cranfield, and lastly succeeded Suffolk in the place of Treasurer, and in that time created Earl of Middlesex, 1622.

    And in all these Offices of trust I never knew him then, nor can find sithence any suspition, unless in that of the Treasury [the Ground where of is hinted to us by our Pamphlet,* 25.61 but in truth in this he hath but scummed the pot to cleer the broth. For who more fit for the reasons of a necessitated Excheqer than this man of ex∣perience, in stating the Accompts for the Revenues of the State, which I know he improved, and not unlikely thereby purchased en∣vy for his eminency therein.

    And to say truth, according to the duty of his place; he did endea∣vour to husband the same to piece out the expence, which the neces∣sities of the Kings affairs had heightned (As himself told the Parli∣ament) and the Princes journey into Spain,* 25.62 had wonderfully and unnecessarily exhausted,* 25.63 as by the printed accompt thereof lately de∣vulged by Parliament doth appear.

    Then which no better evidence can be produced to acquit the Trea∣surer together, with what the Pamphlet publishes as a supposed crime in him [his refusal to supply the Princes expence and Buckinghams folly and prodigality.]

    And this he did deny, as the duty of his Office required, and which he well understood, as being of Council, and acted as a Coun∣sellor to my knowledge in that undertaking, and indeed being then the Statesman at the Council Table.

    But his refusal of supplying Buckingham upon that score on∣ly, wrought him no doubt, at his return home the Treasurers deadly Enemy. And whom he opposed [A small accusation might serve the turn to turn out of all] as he did him; and yet to the honour of his Memory, though they raked into all his acti∣ons, and racked all Mens discoveries to the height of informa∣tion, the eminency of his place, exposing him unto much ob∣serving and opening the way to all kind of complaints (as they did) examining nothing upon oath (as they never do) yet that

    Page 573

    there should be no more matter gleaned. And where there are such boltngs, there was expected a great deal more Bran. Yet the power of Buckingham could never produce any crime a∣gainst his exact Accompts in that boundless trust of the temp∣ting Treasury. And in spite of Malice (he was envyed also) though they divested him of that office, yet he lived long after in peace and honour, and dyed since these last times of enquiry, 1650. leaving to his heir, his honour untaint, enabling them to bear up the character of their Fathers merit.

    We are told [That the Duke got Chelsey house out of him for his part of his fine.] what shift the Author makes to patch up his Stories with falsities, when to my Knowledge that Seat was in treaty to be sold to another,* 25.64 and the Duke wanting a House neer hand to retire for a Nursery to his children, (his Duchess teeming) that other party, concluded for the bargain, and to him the Dnke paid the money, valuable to the utmost penny.

    And the like Tale he tells [That the Lady Finch corrupted him with Copthall, a Noble Seat in Essex, to procure her to be Vis∣countess of Maidstone.] when the talk of the Town was, he had so dear a bargain as occasioned the saying, That it was cheap e∣nough to him, being bought with the Kings Money, there needs much dung to stop a wide mouthed Oven.

    Cranfield indeed was in this Kings life, the last of that Of∣fice, and the meanest of birth, lately altered from the Trust of Nobly-born persons.* 25.65 The Treasury of antieut Spring-tides was of late sunck into neap-ebbs of Revenue, and enforced a neces∣sity of providence in collecting, and judgement and practice in disposing: Neither of these could be found by experience suitable to our latern Lord like-breeding; ignorant and care∣less.

    Yet in honour to the Office, the King raised other Men to Titles for countenance against the outward beseechings of the Mad-headed multitude of Suiters, as it happened to his Suc∣cessor Lee, by the rudeness of the Sea men, and all to little to support a Treasurer without prejudice of publique esteem, even with the best Suiters by unhandsom treaties, between their ne∣cessities, and an empty Exchequer.

    Besides, succession inherited the obloquies of former Predi∣cessours, which happened frequent in this, and other places of Trust; not out of inconstancy in the Kings affections to his Ministers (the misreport of his wisdom) but to make Tryal of the chiefest Mistress of Instruction, to meet with the best.

    And in such a change or remove he left them not unrewarded being never well himself, till his Servants were wealthy, least being cripled in hi life, they might want an Hospital after his

    Page 574

    death. A mischief not seldom; much like a Lords well-man∣naged Horse for his own saddle, comes often; afterwards to the Hackney-Coach, nay, and sometimes dyes in drawing a Dung-Cart.

    He knew Men, and had them to his Mind or made them so; able capacity not bare measure; rather with surplusage equal to the business he imployed them.

    Yet he had easy natures neer his person too, because more manageable, than abler men, in such matters where their hands were more useful than their brains.

    But say some, the King raised men to preferment of honour and dignity, whose birth and Gentry were extinguished by be∣ing Apprentices.

    Hence they start their Opinion,* 25.66 That it is a kind of Bon∣dage;

    I deny to be either vera Servitus, or omnino Servitus, the Contract is but Civil Permutatio or Exchange. The obligation is mutual, Master and Man; only Freemen can make contracts, and Challenge the benefit.

    The Oath of a Freemans admission is, To take no Prentice but freeborn, no Bondmans son.

    It were madness to imagine that Jacob served his Uncle Laban seven years in the honourable contract for a Worthy Wife, and for an Estate to maintain her, to be therefore a Bondman.

    By which example in Scripture, it is undeniable, That Servire to serve, is laudable for good and honest purposes; but our Appren∣tice does but deservire, obey, and his Master does docere, teach him his Trade; and of late the Apprentice comes commonly more like a Wife with a large portion to his Master.

    Indeed Erasmus Roterodamus his Etymology makes of our Ap∣prentices to be pares emptitiis, as with the Romans, but they dif∣fer. Servus with them, was of Servando, saving, not of Servi∣endo, of serving.

    Our Apprentice comes of Apprenti, the French Word; a Raw Souldier, or to learn, or of the Latine apprehendo.

    So then sir Tho. Smiths Repub. Angl. does them injury, terming them Bondslaves.

    Bondmens bodies, were vested in the Lord interminable, but on∣ly by Manumission, and that by the Will of the Lord, without any condition in behalf of the slave.

    Servus with the Romans, Nullum caput habuit, and were repu∣ted, civiliter mortui: servi pro nullis habiti.

    There was a voluntary bondage, de jure gentium as by the Ro∣mans, a Man might sell himself, ad participandum pretium. And also de jure divino positivo, So the Hebrews Bondmen. Yet they had not jus in corpus, they could not violate her chastity.

    Page 575

    By our Law only two sorts of Bondmen, villains in gross, and vil∣ains reguardant to Mannor.

    A Master in London hath not despoticum imperium over his Apprentice, but only quasi curaturam, a Teacher, ut Pater, non Tyrannus, immoderate Correction looses his Apprentice, who is by Statute to be free from him, 5. Eliz.

    But of late our City discipline, had more need to be reduced to antient severity, than to be abduced from it.

    The final Cause of every Ordination quallifies the course; and determines the Means and action, tending to it, though abstracting from that consideration, the work wrought in the proper nature be servile; as for a Souldier to dig, or carry earth to a Rampire, a Student to be bare, or a Novice to do servile Offices, and so an Ap∣prentice to do, does not extinguish Gentry, and what ever he does, as not sui juris, yet he does nothing Servile, but propter finem no∣bilem, to God, Country and Calling.

    But Apprentices are so far from being bondmen, that then they begin habere caput, to be aliqui, and by degrees to be free, then of the Livery, and by after degrees become Wardens, Masters, Com∣mon Council, Aldermens Deputies, Aldermen, Sheriffs, Lord Maiors.

    And by further merit, Counsellours to the King, and Lord Trea∣surers of England, and so if it be rashness to cast a scorn upon a re∣nowned Corporation unjustly, let it be iniquity to lay it upon Lon∣don, which in the Empire of Great Brittain, amongst their other Cities,

    Velut inter ignes Luna Minores.

    And though the Schools and Camp are most proper for Honour and Arms, yet the antient wisdome and bounty of Sovereigns, left the Gates of honour open to City Arts, and honest gain, as fun∣damentals to common-wealths, by example of rising Rome under her first Dictators and Consuls. By which they avoided Tyranni∣cal appropriation of Gentry, to some certain old families, as in Germany, and the Confusion of allowing hereditary Nobleness or Gentry to none at all, as in Turky, &c.

    And with us Cotes of Arms, and Title of Gentlemen being the most familiar part of Honour, Our Adversaries would overturn, and tax our policies in that point, which being once gotten and gi∣ven by Merit or Favour, cannot be lost or extinguished.

    No man in England looseth his right to bearing Arms, or Title of Gentleman, unless attainted in Law.

    Jura Sanguinum nullo jure civili devinci possunt.

    Page 576

    Not to be aliened to another, no more than to pass away any habit or quality of the Mind, Virtue or Learning.

    Queen Elizabeth was descended lineally from Sir Godfrey Bul∣len, Lord Maior of London, by Queen Anne Bullen her Mo∣ther.

    Sir Martin Calthrope, her Kinsman also, and Lord Maior of London.

    Citizens of London have been called Barons, Hen. 3. Londi∣nenses, Quos propter Civitatis Dignitatem & civium antiqui∣tatem Barones consueuimus appelare.

    London sends Kinghts and Citizens to the Parliament, not Burgesses.

    And sundry of our Sovereigns have daigned to be of their Freedome.

    But the opinion of bondage, and extinguishing birth-right of Gentry, hath filled England with more Vices, and sacrificed more bodies to odious ends, and more souls to sinful life, than perhaps any other uncivil opinion whatsoever. Holding it better to rob than to labour, though they dayly see, that out of Our Appren∣ticeships rise such Ministers of Iustice, as sit upon Malefactors, when they (a shame and sorrow to their Kindred) undergo a for∣tune too unworthy the basest of Bondmen. May not his Sons fall into the same fate, by the Fathers prejudicate opinion? So much in ho∣nour of truth, not interest.

    The Hollanders in these times rich and proud at home,* 25.67 in∣creased so mighty in power also in the East Indies, that by in∣senseable Incroachments at first, they went on to quarrel parti∣cular rights and interests in several places there, for sole trading from the English.

    And complaint being sent hither by the Governours of our Factories there. A Treaty was demanded by the King, and accordingly Commissioners appointed to dispute their diffe∣rences in London 1613. The next Treaty was at the Hague, 1615. The last was at London 1619. And by Amnesty then, a Solemn Composition of all differences, and Orders were con∣cluded for the future between us and them. And in regard of their bloodshed and vast expence, in reducing the Trade of the Islands, Molucca, Banda and Amboyna from the Spaniards and Portugals, and their buildings and Forts; therefore the Hollanders should enjoy two thirds, and the English the other third; and the charge of the Forts to be levyed by Taxes and Impositions upon the Merchandize, and so were settled in those places.

    The Island of Amboyna lies neer Seran, about fourty Leagues in compass, and hath relation to other Factories, the chief Town

    Page 577

    called also as the Island Amboyna, the Rendevouz for the gathe∣ing and buying of Cloves, the chief Commodity; the smaller Fa∣ctories are H••••••o, Larica, Loho, and Cambello. The Hollanders Forts there are four, strong and well manned, with two hundred Dutch Souldiers, and a Company of free Burgers, four hundred Mardikers, or free Natives, so called. And here the English liv∣ed in the Town▪ and under protection of the Castle in an House of their own.

    During two years the Dutch very cunningly wasted too much upon their Fortifications and Garrisons, and yet drew their Ac∣count so chargeable to the English, that instead of the third part, they contributed two thirds, and their complaints were examined by the Counsel of Defence of both Nations, residing in Jaccatra in the Island Java Major, and they disagreeing, the differences, were to be sent home to be decided herein by both Companies, or by the King and their States, according to an Article, 1619.

    But disputes breed delay here, and increased jealousies there, and in February One thousand six hundred and twenty two, A Japoner Souldier discoursing with a Dutch Centinel of the Strength of the Castle, was suspected and tortured, and confessed sundry of his Countrey-men contrivers with him of surprizing the Castle, who were also tortured, and one Price, an Englishman and Priso∣ner with them, who also accused others of the Factories, Captain Towerson, Tomson, Beomont, Collins, Webber, Ramsey, Johnson, Farde, and Brown; and these being sent for, from the other factories with horrid Tortures either in truth, or for pain of Torment, some of them confessed,

    That two Japoners should have gone to each point of the Castle, and two to the Governours chamber door, and when the Mutiny or Alarum should cause the Governour to come out, the two Japoners to kill him for the reward of 1000 Royals a piece.

    Towerson was tortured and confessed, That he swore all the Eng∣lish at Amboyna, to be secret to his plot, with the Japoners, to surprize the Castle, and to kill the Dutch; to this effect divers were accused, condemned and suffered Death, viz. 10. English, 9. Japo∣ners, and 1 Portugal.

    The manner of the tortue was thus:

    First, they hoised the Examinant up by the hands with a Cord on a large door, fastning him upon two Staples of Iron on the Top, as wide as the arms could stretch; his feet hung to the ground stretch∣ed out at length and wideness, fastned beneath the Door. Then they wrapt a cloath about his Neck and face so close that no water could go by.

    That done, powring the water leasurely upon his head, and filling the Cloth up to his Mouth and Nostrils that he could not draw breath, but

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    must withall suck in the Water, and so continued till it forced his inward parts to come out of his Nose, Eyes and Ears, stifling and choaking him into a Swound or fainting, but being taken down, they make him vomit out the Water, and so somewhat recovered, they torture him again four or five times; his body Swoln three times bigger, his cheeks like Bladders, his eyes staring out beyond his browes; yet still Colson denyed their accusation; then they burn him under his Paps, arm-holes, elbowes, hands and feet, till the fat dropt out their Torches, lodged him in a Dungeon, his flesh putrified, Maggots ingendred to an horrid and loathsom con∣dition, till at the eight daies end they were executed, in March 1623.

    At which instant a sudden Darkness and tempest, two of their Dutch Ships were forced from Anchor in their safe harbour, and almost perished.

    One Dunckin their Accuser, stumbled at their Grave (all bu∣ried in a Pit) fell stark Mad, and dyed so within three Dayes after.

    A sickness followed at Amboyna of 1000 Dutch, where 30 dy∣ed, not usual in that space.

    And in time the Relation is sent into England, by the next re∣turn of the Ships, which appeared so horrid, that a Defence there∣of was imprinted and sent hither out of Holland. And Sir Dudly Digs undertakes for our East Indie Company to publish the truth and answer that Pamphlet; and the Governour of Amboyna, leaving his Command, was forced by fowl weather upon our Coast his Ships seized on, and his person brought to give an accompt hereof before our Admiralty; Some Assistants Delegates appoin∣ted Iudges; but then the Examinations and Confessions under their hands, comming hither, before any returned on the part of the English viva voce, to confute them.

    And (though suspected yet) for the present set aside, till further confirmation. In the mean time the Description of the English in their several tortures, was lively put in draft and painting; so horrid as that the King and Council, thought fit to burn it, least the monstrous appearance should incense the English to a National Quarrel.

    So great force and resemblance hath that Art with Nature that the effects thereof fell upon Towersons Widow, who at sight of the Picture fell down in a Swound, with hazard then in that Trance, to follow her Husband, which the often Relation before, did not so much astonish.

    The disparity of a Potical pen, with the powerful art of pain∣ting, may thereby be distinguished.

    But to return to the Design of the Parliament, which went

    Page 579

    on (in their manner) for the Recovery of the Palatinate, by War, and as the King feared to imbroyl him in the businese with pittiful effects, which themselves meant to mannage. And now they provide four brave Regiments under commands of the Earls of Oxford, Southamption,* 25.68 Essex, and the Lord Wil∣lougby, elected by the Parliament, who afforded (forsooth) fa∣vour to the King to present them their Officers most Scots. But indeed for number of Men, fifteen hundred in a Regiment, and well armed they were compleat, the King hastening these away, and with them, wished (no doubt) more of their mind, that sent them, for these were discontents, and transported in∣to Hollvnd, to join with the States Army intentionally to di∣vert Spinola, who was in arms for the King of Spain.* 25.69 The English no sooner landed, and quartered into Garrisons, hard∣ly drilled to obedience, were suddenly called out to Service, for Spinola was in the Field, fitted for Enterprize, lay hove∣ring in Brabant, sends Count Iohn Nassaw, of the House of Orange, (but alwaies faithful to his Sovereign) with a flying Army towards Cleve, and after him Marches the Prince of O∣range up the Moze, first to Ginnegen to the Rendevouse, where his Army mustered twenty five thousand; thence to Mastrick in deadly fear of a Siege, and so to the Town of Cleve, lately taken in by the Count which was now soon rendred to Mau∣rice, and he was watch all this way by the other. In this time Spinola with freedome to choose his Design, began with Spade and Pick ax, and fell to digging about Breda, the twenty sixth of August 1624. and had earthed suddenly so large and deep as Maurice,* 25.70 the craftier Fox that way, yet knew not how to unlodge him, but returns down the River to Guitru∣denburgh, and incamped at Mede, some houres journey from Breda; and there besieges the Besiegers.* 25.71 The wonder of which was so famous then as deserves particular Remembrance now.

    This Barony and Town of Breda with eighteen Villages belonged to the Dukes of Brabant, and sell to the Family of Nassaw,* 25.72 by a Wives Dowry 1404. and so remained for one hundred sixty three years, till by revolt of William of Nas∣saw, the Duke d' Alva possest it for the King of Spain, 1567. from whom Count Holloch took it for Nassaw 1577. and from them surprized 1581. and then again regained by Stratagem in a Turfbote, where lay hid seventy Souldiers (like the Graeci∣ans in the Trojan horse) and wan it for Nassaw, 1590. who held it to this Siege.

    It is scituated in the uttermost part of Brabant, adjoining Holland,* 25.73 pleasant, strong and wealthy, most convenient for either Nation.

    Page 580

    The territory about by Sea-tides or inundation of waters, may be made unaccessable. And therefore the Prince about two years before, had with some additions and fortifications made it invinceable, against all but hunger, and with much delight called it his Tempe.

    The Arch Duchesse Isabella, Infanta of Spain, and dowa∣ger of Prince Albert,* 25.74 now Governesse in Flanders under the King of Spain, gives Commission to Spinola, Lieutenant Ge∣neral of the Spanish Forces, who in Iuly 1624. departs from Bruxels, with an Army of eighteen thousand, divided into three parts, the more to distract the Dutch,* 25.75 who in some doubt, re-inforces Breda, with twenty foot Companies, and dismst three Troops for better freedom of Forrage. Two Ri∣vers run through the Town, a Tower three hundred sixty two foot high, fit to discover a far off; the houses twelve hun∣dred.

    The form of Breda seems three square, but that the Castle bears out with several Fortifications of Bulwarks and Bridges, and an Armory of double ditches a mile in compass, makes a∣nother side; and so beautiful with Galleries, Pillars, Walks, and Gardens, that it seems to excell the strength. The Town Walls are all of Turf, with a continued row of Oaks, and at three Corners, are three several Ports, and the Castle Port, fourteen Bulwarks. with Artillery upon the Walls, and several Windmills. Two Platforms raised, whose Artillery played afar off; beneath these, two lesser Bulwarks, to which there is a passage under ground, the Ditch one hundred and fifty foot broad in some places, and in other seventy foot. In the Ditch fourteen Ravelins triangle, and the River encompasseth all; five great Outworks, secure the Counterscarfs, being cast up before the four Ports of the Town and Castle, the the longest curtain of the Town, cut round with Ditches thir∣ty foot broad; the level sides of these works, are 210 foot long, one hundred and fifty foot broad; and the largest of them before the Castle, is two hundred fourty paces long. Other for∣tifications, strengthen this outwork, and with such excellent order, are all disposed most admirable.

    Iustin Nassaw base brother to Prince Maurice was now Go∣vernour,* 25.76 Artsen Lord Wermont made Drossart, to dispose the victual and restrain mutinies; Town Collonel and of the Coun∣cill: it was reinforced with eight companies, eighteen hundred Townsmen of Arms, excellent sufficient provision of all sorts, and each Townsman furnished himself with Corn for a twelve Moneth.

    In one night the two sides of this Town was beseiged, Don de Medina,* 25.77 a Spaniard took up the village of Gineken, and Paul

    Page 581

    Ballion an Italian, with some Strangers, and Arguile with Scots, settled at Terheyde a village opposite; and at Noon, came Spi∣nola with his whole Army. This first day intercepting 12. Boats carrying provision to Breda; an Omen of success to regain ma∣ny Botes, what was lost by One. Then was fortified Titeringen, and Hage, two other Villages, opposites on the other side.

    Each quarter intrenched with Earth, eight foot high, and a eleven foot thick, and a Ditch about all seven foot deep, and bottomed, but four foot broad; above water 10. foot broad. Then from those quarters began their first inclosure, to beguirt the Town. with a continued Trench, containing three thousand six hundred paces; the inward Trench against the Town was distant from the outward two hundred paces. In which space, they passed from quarter to quarter, being in compass 5 hours going. The Trenches five foot high and seven foot thick, at the bottom, on the outside a ditch, sunck six foot deep, and seven foot broad, on the top of the water, Forts and Redoubts belonging to these Works, seventy.

    And thus with four quarters, like four Armies, this excellent service was designed and perfected by Don Io. de Medices, Mar∣quess of St. Angelo, in eighteen daies.

    Spinola's provision came far, from Antwerp to Mechlin,* 25.78 four hours and a halfs journey (as they reckon their distances) thence to Lime three hours to Herentals four hours; to Turnhout four more, to Hogstrought three and a half, in all, above twenty hours journey to his Quarters, much about, when in truth Ant∣werp lyes but ten hours direct from Breda, but P. Maurice at home had his with ease and plenty.

    The first Sally out of the Town,* 25.79 with much loss was repul∣sed by Count Isenbergh; this ill beginning made them less hear∣ty to hazard often sallyes; which would have been trouble∣some to the Besiegers to fortifie and fight; yet so busie they were, with their own works as kept them in health, all old Soul∣diers, inured to hardship. But Manrice had many new men without, with more idleness, which brought sickness and infe∣ction to all.

    The Town of Breda, industrious with singular defence, the Burgers and Souldiers firmly united. Every man by Oath lends his store of money to the States; all the Officers did so too; whose good example brought one hundred and fifty thou∣sand Crowns, which paid the Souldier, and for their Works, and their coin was cryed up.

    About the end of September,* 25.80 the Prince of Poland came from home, through the same of this siege to see it; conducted from Bruxels into Spinola's Camp, and entertained with three Vollies of Artillery, and small Shot, Drums and Trumpets; which

    Page 582

    which at first put us in doubt in Prince Maurice quarters, that the Enemy was in storm, but the Town felt some of those Bul∣lets with little hurt; and the next Morning the besieged be∣stowed as many on Spinola's Troops, conducting the Poland to see the works, whose opinion was, That the Dice were cast between two Matchless Generalls, and their Reputations were at take.

    Eight French Noles, unwilling to be cooped up, adventu∣red to quit the Town, and to get through the Enemies Camp, but were taken, and either to go to France, or be returned in to Breda, they in honour accepted the later.

    The Prince of Orange, with his Army in this time, being come down by water and land to Gytrudenbergh, and so in∣camps at Mede, a village three hours journey from Breda, and there besieges the Besiegers, without any attempt upon Spino∣la (though at this time weak, and his horse absent to convey back the Poland) who therefore with seven thousand foot, and thirty Troops of horse, marches out of his Trenches to meet Maurice neer Ousterholt within three miles of his Camp,* 25.81 and got possession of that place before him, the very mischief to Breda, for betwixt Titrengen and Terheyde, lay vast, void pla∣ces, dry land and standing waters, by which Waggons and flat Boats, might relieve Breda with victual; so much advan∣tage is expedition, though but some hours; and here he rai∣ses a great Fort, levels the ground and dares the Prince to Battail.

    Who not accustomed to Ostentation, but military circumspe∣ction, made more use of fore-cast than force, and gave his E∣nemy time, to raise five Forts more, separate, to keep all pas∣sage.

    It hath been usual, with Armies in Camp,* 25.82 to allow of Com∣bates single, or equal numbers, with their Enemie. And now one Briante, a French Galiant, weary of looking on, that came to fight, besought the Princes leave to send a challenge to young Grobendouck, the Son of his Fathers murtherer (as he stiled him) who slew him, long since, at such a meeting; Gro∣bendouck accepts; but Spinola, giving much value to the Man, secured his person, and denyed the challenge. Bryante the more fiery,* 25.83 by being refused; tacks about to be revenged on any; and by his Trumpet, summons Count Iohn Nassaw, single, or with numbers. He indeed without dread of any Mans daring, and above the quality of asking leave, accepts the challenge, and three more, the next Morning, at a fair distance, between the Camps. His seconds were Captain Steenhius, and two horse Lieutenants. Bryante and his Comrades, furious Frenchmen (we need not name them, they would be disguised) advance for∣ward

    Page 583

    and at a convenient distance,* 25.84 a half Troop of Horse, behind the Combatants to see fair play; and a hundred further off, lookers on.

    In like manner came on Count Iohn, who upon the carrier, passes Bryante, and discharges so close upon a Frenchman, that the Pistol flame fired his Shoulder, but had received before the others Bullet in the brow of his Saddle, indangering the Counts Codpiece, for it pierced through, and grazed his flanck; angry Bryante, having lost his aim, wheels short on any, and cryes out, Charge Moy! charge Moy! be what thou darest, I am Bryante, re∣venger of my Fathers blood; and as fate would fixes upon him who indeed was Lieutenant to Grobendouck, that for his Captains cause chose the quarrel, and both spurr'd, Bryante fires, too far off,* 25.85 and mist his deadly aim; the other came closer, and clapt his bullet through Bryantes belly, who dying, catcht hold of the others Saddle pommel, but sanck down to the ground. Thus was it the fortune of father and Son, to be the cause of ei∣thers ruin.

    Steenhius was hurt,* 25.86 and another killed. But Bryante his deadly case, the cause of all, gave occasion to withdraw the Combate, whether by consent I cannot say, but as my eyes conceived at a distance, though the Spanish say, the Dutch came in to part them.* 25.87 Indeed Count Iohn retired, unwilling to in∣gage Forces, which drew up on both sides, and therefore the Count made hast away, and was out-rid by one of his own, at getting the start, the hilt of whose Sword, (pressing close) caught hold of the Counts bridle, and snapt it out of his hand, and therein the others Sword so fast intangled, that it drew out of the Scabbard, prickt the horse and scared the Rider; but a∣stonishment to the Beast to be ill used, and yet his reins so loose, made him suddenly to leave pransing, pause and stop, for the Count to recover all.

    At this encounter Count Maurice was Spectator, and I be∣lieve Spinola; but not so publick, either of them as to be well guarded, for I am sure the Prince put his dapple Nag to a dan∣gerous leap, and ever after was displeased with this Duelling, that might have endangered eithers Army.

    Yet one Bouteville,* 25.88 such another Beautefeau as Bryante, with five more, set upon the Baron of Beauvoix, of like Number, and forced them into a Grove, within their Guard.

    Bouteville boasting what he was, advanced alone, and chal∣lenged any one, confiding more in his own valor, than his secret Goslet (for indeed he was daring enough, though by chance he had it under his Coat) but he was bidden begon, with a Mus∣ket ball in his Breech, which made him let fall his Pistol and retire with raging pain. This was he that had fought as the

    Page 584

    French say,* 25.89 twenty Duels, and therein killed a dozen, and was now hunting counter for an Enemy in Holland, who was fled from France, and to beard Boutevile, had worn a slip of his Mistresses Riband. He killed him here, and afterwards returns home again, fought so frequent in France, that at last for a de∣sperate Duel, in the midst of the Pallace Royal, and the death of his adversary, with much ado had his head taken off by the Hangman.

    These were all the Recreations the resty Gallants used to im∣ploy their Spirits, whilest the Camps faced each other, at gaze only, and in truth it became the Pastime of the Centuries, Per∣dues, and Out-guards, oftimes a dozen, or more, horse or foot, went a birding (as the English termed it) to meet with booties, or broken Pates; not a day past, but some hot spirit advanced from the Guards, and dared the Enemy at these duellings, and one or other kist the ground.

    Prince Maurice,* 25.90 not idle of designing, set on foot an Enter∣prise, better than Breda, which had been in his deliberation from the first time of the Siege, to surprize the Castle of Ant∣werp, and to that end all our Out-guards at Bergen-op-zome, Ro∣sendale, and Mede, kept strict watch for this Secret, that so Spi∣nola's Camp little dreamt of it. The Stratagem committed to a Dutchmans Command, one Brouchen, Drossart of Bergen, and Captain of a Horse Troop that for the assurance and ease of it, the honor mightnot fall upon any other Nation. Out of all quar∣ters, he pickt out a thousand foot, and two hundred Horse, Dutch, with Waggons and Engines suitable. The Souldiers out of either Guards, amuzed to march to several places, un∣till at distance gotten out together, they had order to alter the Orange Colours into the Red Scarf, and Colours of Spain, and their Waggon Canvas marked with the Burgundian Cross, to pass unsuspected of the Pesant; and (if demanded) to answer, they marched to Antwerp for Provisions, whether indeed the Enemy had designed such an errand, and at dead and a dark night, they arrived neer the Castle, forthwith seizing Out-guards, pulling down three or four stakes of the Pallasado for a passage, and already gotten upon the Bridge; the Wind so assisting as carried away all noise of the Waggons, neys of the Horses, or clattering of Arms; and so having let down their Boats into the Ditch, fastening their scaling Ladders, making ready their insers, Hammers, Leavers, and Engines, to break Baracadoes and to lift Ports off their Hinges. And thus as silent as mlght, yet comming too near, an Old Souldier Centinel, one Andrea Cea a Spaniard, he listened to an unusual murmuring noise, and like a tryed Blade discharged his Musquet, which alarmed Iuan Bravo, the Spanish Governour and Guard, who got to the walls,

    Page 585

    and the Dutch to their Heels, lest all their Instruments and En∣gines, evidences what they ment to do.

    In our Camp at Mede, we had a flying report of the good suc∣cesse of some excellent Enterprize;* 25.91 which no doubt our Ge∣neral himself, too much assured of good effects, had revealed. But when it was blasted and better known, the Prince to ex∣cuse his Countrey-men, complained only of their quick Spi∣rits, confidence, and too much hast in the execution. It was my chance to be there when Brouchen came in to yield up the accompt of his miscarriage; and with him an English excellent Engeneer, one David Collet, who over a sip or two of Brand∣wine, protested to me that he by Boat and wading was got up∣on the Bridge-end, and fixed his Pittard upon the Castle-Gate, that the Century called (indeed) qui-va-la, as but suspecting, for after a good while silence, he seemed satisfyed, when (said he) the cowardly Dutch scared at his voice only, left the En∣terprize, and ran away, leaving him to wade and swim back a∣gain in cold weather, with a hundred shot, by guess, about his ears, for then the Century discharged his Piece, and not before.* 25.92

    Another such design afterwards committed to the charge of Statenbrunk Governour of Grave, which intruth, failed by the hand of neaven; the monstrous showers of Rain, moistened their powder pans, made their Muskets unserviceable, and some fires upon the Walls of the Castle, gave suspition of Dis∣covery, and so they retired in Confusion.

    Then we endeavoured to relieve Breda by Boats,* 25.93 flat bot∣tomed, strong and able to brook the tyde ebbs, and Danger of Sands or Shelves, armed with six Cannon of Brass, with Iron and Fire Balls, laden with Corn shut up in Pots, with Cheese, Bacon, Lard, &c. and filled with choise Musqueteers. They of the Town, forewarned of the time, furnished fourteen Boats also, six of them armed with six pieces of Artillery and Fireballs; the other six with three hundred Musqueteers. These should drive with the Ebb upon the Boats of Provision; and six hundred men by land should sally out neer the River side;* 25.94 Spinola by quick intelligence fortifies the Black causey, crosse the drowned Meadows, over flowing twice in twelve hours, and so by passage to the Town; and after the ebb to wade through on foot. The wind was at first very favourable for the Boats, to bring them out, but suddenly quite contrary, and so lan∣guishing or a change, our provisions taking wet and pur∣loyned by the Souldier, the whole Enterprize was frustra∣ted.

    Anoaher Design of Maurice was,* 25.95 to draw neer unto Spinola's quarters, by dispossessing the Enemy of Ousterholt Steeple,

    Page 586

    kept by twenty two of their men for discovery,* 25.96 back by an Horse Troop. The Dutch with a Pittard blew up the Steeple, and retired; the fire ascends to the place of their Powder, which with great difficulty they removed, and flung away; and with stones from above (their best weapons) killed some below, but the poor Spaniards above burnt to death, except three or four escaping with wonderful hazard, scrambling down without the Steeple, and horridly scorch'd, with honourable scars, un∣der their black patches all their lives after.

    And (another Design, not the least) so they set fire on Ginne∣gen Church, where Spinola had six thousand Sacks of Meal, with a Granary of Oats, and much other Magazine provision, which put the Enemy to the inconvenience of Recruit.

    These and such like were endeavours to have done more.

    After thirty daies encamp at Mede, the Prince very pen∣sive and sad, fires his quarters, leaving the place to the Enemy, and warily retreats in two divisions, Himself and Count Ernest to Rosendale, from whence he retires home to the Hague, never appearing in publick to his death, not long after. His Brother Henry with the other division fortifies Sprang; some hopes were surviving if cold weather, and want of provision to inforce Spi∣nola.

    And besides the good hap of Count Mansfield was come out of Germany into the Skirts of Brabant, with his roving Regi∣ments, and scattered troops of the Duke of Brunswick, both beaten out of Germany by Tilly and Cordoua. And these men (God knowes) more like Travellers than Fighters, were rather rumored than numbred to be ten thousand, in truth not six thousand, without Arms, Money or Provision, and as outra∣gious, where relieved which unwillingly was every where, to be rid of such Guests; necessity inforced them into those ways, which hath taught that practice of late daies to the Duke of Lorain. But in fine they having no means nor maintenance their Men forsook their Masters, and Mansfield and Brunswick became Courtiers at Hague.

    And thus at leasure the Count was invited by Projectors in England, and promises out of France, slender enough on all sides to seek an Army to seize the Palatinate; and imbarquing at Zealand in the depth of Winter and foul weather, split upon the Sands at his setting out, but himself and some Followers escaped in the long boat; got aboard of a Pinck, and came safe to England, the Ship, Captain and Seamen swallowed in the Sea.

    He was caressed here by hearsay of his Honourable fame, and shortly a Press for twelve thousand foot; His Horse were con∣ditioned from France and Germany (as he said) whither his

    Page 587

    Design was to journey. And six fresh Regiments soon raised by young Collonels,* 25.97 the Earl of Lincoln, the Lord Doncaster, (son to Carlisle) the Lord Cromwel, Sir Charles Rich, Sir Iohn Burrows,* 25.98 (late Governour of Frankendale) and Collonel Grey, an old Scotch Commander, a tuff tryed old Buff-blade.

    The Earl of Lincoln for more honour, had a Troop of horse, and to accompany him, Mr. Gunter, an active Horseman, and professed Rider raised the other Troop, and of him a Writer is much offended [as if none could command Horse (quoth he) but * 25.99 such as can make them curve in a Riding house.] belike he meant to prefer Lincolns Lordship of greater ability, who truly till that time, had never bestrid a mannaged horse, nor durst for fear of falling.

    And in February they mustered in Kent, attending for ship∣ping and readiness of his French Horse, to receive him at Ca∣lais, but lying here over long, the raw Souldiers not well dis∣ciplined, that Marshal law could not keep them in aw, and at last shipped for Calais, one hundred and twenty Sayl, lay there hovering to have leave to land, the French Horse not being rea∣dy, nor that State willing to hazard such raw and unruly men through their Countrey, that were so ill tutured at home, and so upon likelyer hopes, were forced to ail for Zealand, and for the former reasons, anchored at Ramekins, till the States could better consider what to do with them, rather wanting provisi∣ons than men; and weighing anchor, up they sail to Guitru∣denbergh, but not permitted to set them ashore, pestered on Shipboard with siall provision, and such as putrified, stench begat pestilence, and to be rid of general infection, the sick were flung overboard, ere half dead; nay some of them floted to shore, and lived long time after. And at last of their whole number, there landed not six thousand, and those well aired, were mingled with the other English, serving to recruit their weakned Regiments. Yet the very noise of this new Army put Spinola to procure great succours from the Arch-Duchess,* 25.100 till he was 38000 horse and foot, and wrought another out∣ward Trench about his former works of fifty two thousand pa∣ces, much larger than the other, which before was but three thousand six hundred paces.* 25.101

    Indeed after ages may make it too monstrous to be true; for Caesars at Durace, was but fifteen thousand, and Pompeys but nine thousand paces. This Trench was ten foot high, and fif∣teen foot thick at the bottom, and six at the top, rising five foot high; the ditch seven foot deep about it, and fifteen foot broad, and again each several quarter, with new Trenches. In all a ve∣ry labyrinth of Trench and fortification, expecting to be for∣ced. Thus far was subtile Spinola deceived with fears of foreign

    Page 588

    forces to join with the Prince.* 25.102 And Mansfeild, (to amuze the more) took upon him to write to the Arch-duchess) To permit him leave to pass (towards the Palatinate as he pretended) and to victual his supposed Army) through the Spanish Provinces as (to comply with the King of England his Masters commands) he must of necessity pass unto.* 25.103

    But he had no answer.

    On the sudden at Sprang (the Dutch Quarters) we heard three several volleys of shot,* 25.104 great and small, from Breda; but the English, strangers to the design, were told that it was the Ho∣lyday Triumph, the Anniversary fourth day of March of the surprize of Breda from the Spaniard by the Turfeboat 1590. which was now done saies Herman Hugo this year very solemn, more like the funeral than the birth, as being their last day.

    When yet (though lost a little while after) it was regained by the Dutch in anno and remains to the States this day, 1654.

    The next Moneth gives up the Audit of Prince Maurice, who died at the Hague,* 25.105 full of years and honourable fame, in April 1625. and his Brother Prince Henry gon thither to solemnize his Obsequies,* 25.106 returns back with ample powers as the other en∣joyed over the whole Army Generalissimo.

    King Iames lately dead,* 25.107 the Earl of Oxford being sent for, into England, moved Prince Henry, the new General, to have the honour of an Attempt, to break into Spinola's quarters. The design was by the Causey, that leads from Guitrudenbergh to Treheida, which was fortified with two dry ditches, a Re∣doubt, a breast work, and a large Fort. His forces were six hundred foot choice English, assisted with the person of his Un∣cle, that tryed excellent Souldier Sir Horatio Vere, with fifteen hundred more English the Vantguard, and some Germane and French following, in all four thousand. In the Rear the Artil∣lery and some Troops of Horse. The Enemy got warning, and prepared to receive us that way, but where to fall he knew not. But whilst we gave them of Spinola's Camp, false alarms, we im∣mediately fell upon the Italian quarter Carlo Roma, and surpri∣sed a foot Centinel per du, and so got to the Redoubt, which we forced with fire Balls, and drove them to retire, and pla∣cing our men about the Redout in dry Ditches, with undaunt∣ed courage we won the half Moon before the Fort; labouring with hands and feet to scale the Rampire, upon which Oxfords Ensign fixt his colours, and with therest leaped into the Fort, where the Italians fought well ere they were beaten out. Those also of the other causey, which leads to Sevenbergh adjoining, quit their Trenches and fled.

    The English (saies our Enemy) maintained their Fight with

    Page 589

    that fury and resolution, as if no other occasion could make proof of their worth and valour.

    The Enemy thus engaged, began to disorder and fly into the face of a fresh company of Foot sent to their Relief, and so mixing routed the rest to a plain retiring, proving a means to make their danger greater than before; untill Carlo himself with his Sword and Target forced them back, and getting be∣fore, led them on again, with such Fury on either part, as till then had not been seen since the first of this siege; and so o∣verpowred by fresh men, wrought the English out again, who indeed could not mount the second Fort so soon, but with won∣drous difficulty, the Waggons not able to march with our sca∣ling Ladders, the Canon playing continually upon us in the windings and turnings of the causey, with great disadvantage to the English, and so narrow, that the Rere could not advance timely to our Succour.

    Oxford in the head of all gave excellent testimony of his va∣lour, and in mishaps, impossible to be releived he retteated as punctual and orderly as his onset, each Souldier observing his rank, not stepping one foot a side, as if duty and obedience, could oppose the Canon, which had advantage on us all with certain execution, to the loss of some hundreds on all sides. And this, though daringly done, as was possible for men, pro∣ved not successful, and the last Attempt on this wondrous Siege.

    The Earl and his Uncle untouched, returned with much honour, and Oxford two daies after, in the heat of the day, took leave of the Army, riding hard upon a great Horse, to several Quarters, himself very corpulent, came home to the Hague, but with heat and cold got an Ague, and died there in a Fortnight after.

    And the Winter before, dyed the Lord Wriothsey, Son to the Earl of Southampton, at Rosendale, and the Father at Bergen-op∣zome.

    This was the ill success of the Last Attempt, whereof the Prince acquaints the Governour of Breda by a Spy, who pro∣ved false.

    And that the Town should not delay too long to hazard all, by too much obstinacy; That if he received these letters, then to give a sign by shooting off three pieces of Canon; which he did at Mid∣night after, and by shewing as many lights upon their Tower as they had yet daies to feed upon provision, which was eleven. And this letter was brought by the Spy to Spinola, as many others had been before by this fellow; which were all copyed, and sent in for Answers, and evermore returned to Spinola, being deciphered by one Michael Rowter, Secretary to Spinola.

    Page 590

    Upon which a Trumpet is sent by the Enemy to the Governor, and the doubt of all deciphered, by which he was assured his secrets were made publick, and having honourable conditions, the Town was surrendred the second of Iune 1625.

    The Infanta made her entrance into Breda at Haughe Port, upon which was fixed this Programma.

    PhILIppVs HIspanIae ReX. gVbernante IsabeLLa CLara eVgenIa obsIDente SpInoLa. HostIbVs frVstra In sVppetIas ConIVrantIbVs BreDa VICtor potItVr.

    This which followes, alluding to the year, was placed in the Church.

    AMbrosI SpInoLa VIgILantIa BreDa eXpVgnata.

    And Concluded with this Chronographicum.

    ReX BreDaM CepIt qVInta IVnII.

    And seeing we are in discourse of War and Death;* 25.108 it will not be much different or disagreeing, to remember the decease, or violent death of the Marquess Hamilton, a gallant Noble Person, but a man intemperate, which hastened his sudden death, by his high feeding very late at Nights, and at all times most diseasonable. Which Physicians did forewarn, as im∣possible for his constitution, enclining to humours, long to continue; insomuch, as feasted late at the Lady Udalls, a place of too much good fellowship, he was coached home slee∣py, and so put to bed.

    And though he awaked yet slumbering without any account of himself after, and dyed before Noon the next day, not without Symptomes very unusual, unless of distempered Bo∣dies.

    But why impoisoned?* 25.109 because [Doctor Eglesham a Scotch-man was something bitter against the Duke, whose Neece had lately

    Page 591

    married the Marquesses Son, for the Marquess was averse to the Marriage.]

    A very stout reason. Certainly had the Duke been but at Breda, all our English Lords had been impoisoned there too, and so might have saved that Authors labour to story their several diseases.

    But I can tell him (as the Town talk then) that a new French∣mode Cook with his Quelque choze and Mushrom Salads at that Supper, surfeited the Marquess to the death, and for the Ladies sake, the tumourous discourses were then cast upon any body else, which thus long after we see falls upon the Duke.

    And although King Iames died some time after, yet Death followes him close at the heels in this mans account [and im∣poisoned also] Marry, his disease that brought his sickness, is far fetcht [Care for his Grand-children, danger of his own person, at home, or Ingagement of war abroad, or full feeding, or sweet Wines, or what other accident he knows not.* 25.110

    But a Tertian Ague he had, which by several violent fits brought him into a Feaver, and so expired on Sunday Morning the twenty seventh day of March, the year of our Redemption 1625. at Theobalds.

    Our Pamphlet having tumbled the King hitherto, blowes his death at paring, which he saies [began with a Faver, but en∣ded with a poisoned Playster applyed by Buckingham, for which being questioned the next Parliament, it was hastily dissolved for his sake, only to save his life.]

    In the entrance of the Spring,* 25.111 the King was seized with a Tertian Ague; which to another constitution was not pestilenti∣al, but rather might prove Physical. But all men then knew his impatience in any pain, and alwaies utter enmity to any Phy∣sick; so that nothing was ministred to give him ease in his fits, which at length grew violent; and in those Maladies, every one is apt to offer advice, with such prescriptions as have been helpful unto others, and in truth, those as various as the dis∣ease is common.

    In this time of the Kings rerire, the Duke got leave to vi∣sit his Estate at New-Hall in Essex, where the Earl of Warwick told him, that a neer Neighbour, Dr. Remington at Dunmow had cured many and him also, of a Quartane Ague, which had lasted a long time. The King being told this, commanded the Duke to send for the Medicine; which was a Plaister of Mithridate, made and spread upon Leather, and delivered from his hand to One Mr. Baker, a Servant of the Dukes then, and now living neer to the Earl; and so by that Messenger brought to the King and shewed to the Doctors, and lay ready prepared upon the Table untill proper time to be applyed to his stomach; Toge∣ther

    Page 592

    with a Possit-drink of milk and Ale, Harrs horn, and Ma∣ry-gold Flowers, ingredients harmless and ordinary, which the Duke gave him to drink, and so took leave and went to Lon∣don.

    The King fallen into slumber about Noon, the Physicians took opportunity to retire, having watcht all night till that time. When in the interim of their absence, the King awakes, and falls from a change of his fit, unto timelyer effect, then u∣sually it had happened before; which to allay, this Plaister was offered and put to his Stomach. But it wrought no Mittigation, and therefore was removed by the Doctors, who were much offended, that any one durst assume this boldness without their consent. But by after examination, all men then were assured of the composition, and a piece thereof eaten down by such as made it; and the Playster many moneths afterwards in be∣ing, for further tryal of any suspition of Poyson; which if not satisfactory now, it must and ought to lodge upon their scores, Sir Matthew Lister, Doctor Chambers, and other Physicians worthy men, who were herein examined, with very great satis∣faction to cleer that calumny, and are yet living to evince each ones suspition.

    Otherwise to blame was Montgomery, that precious Earl, of successive merit towards the Kings Posterity [whom (it is said) * 25.112 the King trusted above all men, and imprecates him, for Gods sake look I have fair play, which he mistrusted] that this careless Earl should neglect his duty, falsify his trust, or connive with the composition of any poison, if it were so.

    It was indeed remembred the following Parliament, and whereof the Duke was questioned, as a boldness unpardonable, but in the charge (which I remember Littleton mannaged at a Conference in the painted Chamber) it was not urged as poiso∣nous, but only in him criminable. The Duke asked of me the effect of his Speech, and answered me, Well, In that as other things, my innocency is so cleer, that their malice does the more ri∣vet me into good mens affections; and truy the Lords thought the Commons, more busie then needful, to spend time in the examining.

    Oh! [But the Physicians muttered, and others made a great noise,* 25.113 and were forced to fly for it.] It is thus far true. There is a Doctor yet living, from that time discontent with the Court; and perhaps to colour his own demerit; would now insinuate to easie men, his too much resentment of the Kings death, which he is willing any one should suspect.

    And to boot Egglesham ran away,* 25.114 writ a scurrilous Book at Bruxells, vain and false; as full of lyes as lines, which was re∣printed in the times of freedom for such like Pasquils, purposely

    Page 593

    set out to renew the memory of the Dukes crimes,* 25.115 and to taint others with infection; but as the surface thereof, at the first sight is frivolous, so be it examined to the full, it will be found malicious, and lastly laid aside as impossible.

    I was told by Sir Balthaser Gerbier (though his testimony be odious to any man) that Egglesham dealt with him in Flanders, for a piece of money (not more then four hundred Guilders to defray the charges) to imprint his recantation; of which the Duke bid Gerbier join Knavery together, and spit their Venome till they split, and he would pay for printing that also.

    But of these enough;* 25.116 and yet what will our Monster of man pursue [It will be a hard task for any Man (saies he) to excuse the King his successor,* 25.117 for dissolving that Parliament to preserve One that was accused for poisoning his Father] he means Buckingham, who was never accused of any such crime.

    Trace this Authors Steps in your reading as we have done his writing, from his first taint towards King Iames [of suspition to imprison Prince Henry] and now concludes that his Son, his on∣ly Heir and Inheritou of his Crown and Kingdoms, should con∣nive (an equal guilt with the Principal) at the impoisoning of the Father; what can be more horrid infamy, for a Traytor to surmize to publish, nay to imprint in Odium of his two Sove∣reigns, for he lived their sworn Subject.

    And now to conclude in Answer of their Characters, who cauterize K. Iames. As also of such another, Nuper Natus & Notus; Cumini cultor, who hews the King into chips, and then shreds them. We refer them to the Encomiums, Divine and Hu∣mane. The one by Mr. Bolton, a Reverend and Judicious Wri∣ter, which he had preached to his People. The other by Sir Francis Bacon, that learned and most accomplished Judge of all Knowledges, Divine, Natural and Humane, which he offered up a Pauegyrick to the King himself.

    Page 594

    Boltons Religious Contemplation of King Iames.* 25.118

    ANd here (saies he) I cannot hold,* 25.119 but must needs most justly complain, of the hateful intollerable un∣thankfulness of Us in this Kingdom, the happyest people, under the Cope of Heaven, had we hearts aright to conceive of Gods extraordinary love, and such miraculous Mercies, as never Nation enjoyed! walk over the World, peruse the whole face of the Earth, from East to West, from North to South, from one side of Heaven to another, you shall not find such another nlightened Goshen, as this Island, where besides doth the Gospel shine with such Glory, Truth and Peace▪ &c.

    We have lived in a time of Miracles; Our posterity will hardly believe the wonders done in Our daies, &c. Was it not a miraculous mercy to have such a King? &c. who hath already, next under that Almighty God, by whom Kings reign, continued the Gospel unto us, and preserved us from the destroying Sword, all his blessed Reign over us? and what do you think were so many years Peace worth, were it to be bought? with the Enjoyment of the Gospel to boot; He hath enobled this Kingdome for ever, by his excellent Wri∣tings in the cause of Religion against Antichrist; which would have created a great deal of Honour to a private Man, minding nothing else. How illustrious then do they make Our King? The child unborn will blesse King James, For his Premonition to all Princes and free States of Christen∣dome, and that Royal Remonstrance against the rotten and pestilent Otation of the French Cardinal, to the utter and Triumphant overthrow of it, penned in that Stile that none can possibly reach, but a learned King? his Golden Pen hath

    Page 595

    given such a blow to that Beast of Rome, that he will never be able to stand upon his four Legs again. He hath shot out of his Royal Bow, such keen Arrowes taken out of the Qu∣ver of Gods Book, which will hang in the sides of that Scar∣let Whore, and make her lame as long as she lives. Hath he not most happily and seasonably stopt the hasty torrent of the Arminian Sect, and the domineering Rage of bloody Duels? &c. And was not the discovery and delivery from the Powder plot, that great Astonihment of Men and Angels, one of the most unparallell'd and merciful Miracles, that ever the Church of God tasted, &c. And to crown all with wonder of greatest Astonishment, do not we all (that are of the Kings faithfullest Subjects) almost fear still left we be in a dream, That King Charles the flower of Christendom, &c. And concludes, Away then with all sowr, melancholick, cause∣less, sinful discontent. And praise ye the Lord, sing unto the Lord a New song, and his praise in the Congregation of the Saints: Let Israel rejoice in him that made him. Let the children of Zion be joyful in their King, for the Lord taketh pleasure in his People: he will beautifie the meek with sal∣vation. Let the Saints be joyful in Glory. Let them sing a∣loud upon their Beds, &c.

    Sir Francis Bacon in honour of K. Iames.

    WHerefore representing your Majesty many times unto my mind,* 25.120 and beholding you not with the eye of presumption to discover that which the Scripture tells me is inscrutable; but with the observant eye of duty and admiration, leaving aside the other parts of your virtue and fortune; I have been touched, yea and possessed with an extreame wonder at these your virtues and faculties which the Philosophers call Intellectuals. The largeness of your Capacity, the faithfulness of your Memory, the swiftness of your apprehension, the penetration of your Iudgement,

    Page 596

    and the facility and order of your Elocution. And I have then thought that of all the persons living, that I have known, your Majesty were the best instance to make a man of Plato's Opinion, That all knowledge is but Remembrance, and that the Mind of man by Nature knoweth all things, and hath but her own Native and Original Notions (which by the strangeness and darkness of the Tabernacle of the Body, are seque∣stred) again revived and restored; such a Light of Nature I have observed in your Majesty, and such a readiness to take flame, and blaze from the least oc∣casion presented; or the least Spark of anothers knowledge delivered. And as the Scripture saith of the Wisest King, That his heart was as the Sand of the Sea, which though it be one of thr largest Bo∣dies, yet it consisteth of the smallest and finest por∣tions. So hath God given your Majesty a compositi∣on of understanding admirable, being able to com∣pass and comprehend the greatest Matters, and ne∣vertheless to touch and apprehend the least; where∣in it should seem an impossibility in Nature, for the same Instrument to make it self fit, for great and small Works. And for your gift of Speech, I call to mind what Cornelius Tacitus saith of Augustus Cae∣lar, Augusto profluens u quae principem deceret eloquen∣tia fuit. For if we mark it well, Speech that is utter∣ed with labour and difficulty; or Speech that avou∣reth of the affectation of Art and Precepts: Or Speech that is framed after the imitation of some pat∣tern of Eloquence, though never so excellent. All this hath somewhat Servile and holding of the Sub∣ject. But your Majesties manner of Speech is indeed Princelike, flowing as from a Fountain, and yet streaming and branching it self into Natures Order, full of facility and felicity, Imitating none, and imita∣ble by any. And as in your Civil Estate, there appear∣eth

    Page 597

    to be an emulation and contention of your Ma∣jesties Virtues with your Fortunes; a virtuous Dis∣position with a Fortunate Regiment: a virtuous ex∣pectation (when time was) of your greater fortune▪ with a prosperous possession thereof in the due time▪ a virtuous observation of the Laws of Marriage, with most blessed and happy fruit of Mariage, a virtuous and most Christian desire of Peace, with a fortunate inclination in your Neighbour Princes thereunto. So likewise in those Intellectual Matters, there seem∣eth to be no less contention, between the excellency of your Majesties gifts of nature, and the Universa∣lity and perfection of your Learning. For I am well assured of this that what I shall say, is no Amplifica∣tion at all, but a positive and measured Truth, which is, That there hath not been since Christs time, any King or Temporal Monarch, which hath been so learned in all Li∣terature and Erudition, Divine and Humane. For let a Man seriously and diligently revolve and peruse the succession of the Emperours of Rome, of which Cae∣sar the Dictato, who lived some years before Christ, and Marcus Anonius, were the best learned. And so descend to the Emperours of Graecia, or of the West, and then to the lines of France, Spain, Eng∣land, Scotland, and the Rest, and he shall find this Judgement truly made. For it seemeth much in a King, if by the compendious extractions of other Mens Wits and Learning, he can take hold of any superficial Ornaments and shews of Learning: Or if he countenance and prefer Learning, and Learned Men. But to drink indeed of the true Fountain of Learning, nay to have such a Fountain of Learning in himself, in a King, and in a King born, is almost a Miracle. And the more, because there is met in your Majesty a rare conjunction, as well of Divine and Sacred Literature, as of Prophane and Humane.

    Page 598

    So as your Majesty stands invested of that Triplici∣ty, which in great Veneration was ascribed to the antient Hermes, The power and fortune of a King, the knowledge and illumiation of a Priest, and the Learning and Universality of a Philosopher. This propriety inherent and individual Attribute in your Majesty, deserveth to be expressed not only in the fame and admiration of the present time, nor in the History or Tradition of the Ages succeeding, but also in some solid work, fixed memorial and immortal Monument, bearing a Character or Sig∣nature, both of the power of a King and the diffe∣rence and persection of such a King. So he.

    Memoria Iusti cum laudibus, Et Impiorum Nomen putrescit.

    Page 599

    An EPITAPH ON King Iames the sixth.

    THose that have Eyes awake and weep, For He, whose waking wrought Our sleep Is fallen asleep; and never Shall awake, till wak'd for Ever.
    Death's Iron hand hath clos'd those Eyes Which were at once Three Kingdomes Spyes, Both to foresee, and to prevent Dangers so soon as they were meant.
    That Head, (whose working Brain, alone Wrought all mens quiet, But His own) Now lies at Rest. Oh let Him have The Peace (He purchasd) in His Grave.
    If that no Naboth, all His Reign, Was for his fruitful Vineyard, slain? If no Uriah lost his Life, For having had so fair a Wife?
    Then let no Shemei's curses wound His Honour, or profane His Ground; Let no Black-Mouth, no Rank-breath Cur, Peaceful James His Ashes stir. Kings are as Gods; O! do not then Rake in Their Graves, to prove Them Men.
    For His daies toyl, and Night watches; For His craz'd sleep, stol'n by Snatches; For Two fair Kingdomes, join'd in One; For all He did, or meant t' have done; Do this for Him; write on His Dust; King IAMES the Peaceful and the Just.
    Sit Gloria DEO.
    FINIS.

    Notes

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