Blacklo's Cabal discovered in severall of their letters clearly expressing designs inhumane against regulars, vniust against the laity, scismatical aganist [sic] the Pope, cruel against Orthodox clergy men and ovvning the nullity of the chapter, their opposition of Episcopall authority / published by R. Pugh ...

Epist. 42.

Most honored Cosin.

I haue sent a letter to the post for you. And since my doing so, I haue receaued that which you haue don me the honour of writing me on thursday, your 7 of this month. I am infinitely oblidged to you for the frendly care you are pleased so nobly, and so charitably to take of my interests. And am ashamed of the troubles I so continually cause you. But I see your goodnesse is not to be wearied out.

I concur with you in all that you say in this letter, and professe my self to haue the same sentiments you so ju∣diciously express. So that your writing this to one as sup∣posing me to be of a different opinion, and consequently, your endeavouring to persvade me hereby (for my good) to be of yours, sheweth I haue not in my former letters clearly expressed my selfe: And therefore I will make bold to say a little now imediatly and directly to what is the subiect of this letter of yours. My other letter of this morning seemeth vnto me to say somwhat to this tenor: and I think that most of my former ones do continualy inculcate the vnhappiness of my condition, that to saue me and children from staruing, did cast me vpon courses and imployments which I forsaw would cause exceptions against me. This I would haue prevented, If I could but haue had means otherwise to liue. But being thrown vpon these rockes, I could not auoyde a. hearing some-times things that went much against my Nature, and saying others that being malevolently interpreted myght cause ill odor of me, & complying for outward decency with persons whose ends I no ways concurred with. For all these things I humbly beg a fauourable construction. And do beseech those who shall looke vpon my life and actions, to consider the main bulke of them, and the actiue part of them, and what effects haue resulted out of them; And by

these to judge of my intentions; And according to my in∣tentions (which haue euer been sincere & cordiall to the state) to ground their opinion of me. If in any thing through in∣discretion I haue giuen cause of mistaking me, or that through error of Judgment I haue fallen into any error, so as offence may haue been taken at it (which I protest was euer far from my intention) I do in most submissiue manner beg in∣dulgence & remission, & that it may be gratiously passed by: And (let me borrow one further expression of the Pa∣pistes doctrine) If I haue, in running through so may straights & necessities & rockes, committed venial sin, I craue pardon for it, & that long & heavy Purgatory for so many years ••ay be deemed sufficiently expiatory for it. But as for mortal sin. I will craue no pardon for such. They admitt none. They must proceed from a depraued & aversed minde from the state: such a one, as is not capable of fauour & mercy: And vpon which nothing but death & ruine ought to fol∣low. For these it is that I standso peremptorily vpon my justi∣fication. And which if I should admitt but a possibility of hauing comitted, by craueing fauour for what I may have don in this kinde, I should exclude my selfe from all fa∣vour; for I should not deserue the least. But for all other frailties, errors of Judgment, mistakes & vnhappinesses that my extreme necessities & the natures of my Employments haue cast vpon me; as I acknowledg my weakness to lay me abundantly open to such beyond my intention; so I beg grace & pardon for them. And do humbly beseech the state, & those it shall designe to sift & judge my actions, to looke vpon the effects of them, & to examine if ever any of them were in the least manner prejudicial to it; & accordingly to determine of my intentions: and by them to let me standor fall. This I direct my solicitor & Councel & Frendes to offer and craue in my behalfe; whiles in the mean time, they put me vpon my rigourous justification for these things which properly deserue the name of crimes. To all which I shall

euer positiuely plead not guilty. And it must be legall proofe•• only, that can attaint me of these. Without such the Law declareth the accused person innocent.

Ill opinons & auersions, may be entertained of one for only the formes; which though they punish not directly, yet they carry great waight & prejudice with them; & one time or other, before the year be ended they will come home to his dore. So that he is in an vnhapy condition, who liueth vnder them. But I hope my ingenuity & submission in or∣der to the things that may begett them, will preserue me free from that burthen & misfortune, so as (Dear Cozin) you will still honour me with your advises, & assistance, & the good offices of your frends: on which three, I repose the good success of, my cause. And whatsoeuer it be, I rest with all the greatest obligation that can be to you; & pesigne my selfe entirely to what God shall be pleased to dispose of it & me, now that I haue vsed all the di••ligence that I am a∣ware of (as I conceiue I am bound in my duty to my selfe to do) adding this only to be represented vnto them who shall de∣cide it, that if they relieue me not I am vtterly & irrecove∣rably ruined; the maine stock of an auncient family is de∣stroyed: & if they will be so good as to preserue me, they will preserue one who will employ his life & fortune & all that they shall enable him with in their seruice. All that I haue written in this letter, I beseech you represent to as many as you can, where it may concerne me: & be pleased to order my solicitor to do the like vnto others where he shall judge it may import: as also to instruct my councel to make vse of it in due time & place. As I doubt not but he will do the like with what else I write to him, or that you are pleased to let him see of my writing to you. I beseech you joyne my humble thanks with your obliging ones, to that noble genleman, who for your sake did so worthily put by the calumnie which would haue been brought vpon the stage against me. Truly, he is one of the galentest generosest

persons, I haue euer receiued fouours from. They are all vpon your score. Therefore you are in obligation of making high acknowledgments of them. I take vp too much of your time for one post-day; & the packet-boat is ready to be gon. Therefore remitt vnto my next, the reflecttions I make vpon what you & your Cosin haue Philosophically reasoned. By my two to you of the 19 of this Month, & by my third of the 14 you will perceiue I haue received those let∣ters of yours which you mention in this now. But you will haue reason to say I haue no mercy, but weary you beyond all limitts of good manners & discretion. Therefore without further lengthening your troble by making an apology, I humbly take leaue and rest

Your most humble and faithfull seruant and most affectionate kinsman

Kenelme Digby

Loose not courage for that in my businesse you finde so great difficultes; & that dayly new ones arise; It is the nature of all great businesses, to encounter with great difficultes. And this is the greatest I euer had or can haue. All my liuelihood, & future well-being of my whole family de∣pendeth of it. Industry & patience with Gods blessing will mastter all. And then, the harder we were put to it, the greater will be our comfort & joye.

Sir K. D. his case is not to be considered barely vpon the blunt proofes as they lye before the Barons in an ordi∣nary legall course (althô euen in that consideration, it standeth fair; since, punishments ought not to be inflicted, but where the crime is evident & vndoubted:) for that were too narrow a compasse, for a businesse, & a person so much looked vpon as this has been. Such as these are not only obiects of private Justice; but do also carry with them the force of publick examples; whereby the minds & appre∣hensions of multitudes of men are quieted & secured, and are encouraged to apply their industries to merit of the state; whose Justice & magnanimity (that hath larger & nobler rules, then do belong to a particular tribunall) is thence rendred conspicuous & beloued by all men. In this case then, (where the actions in controversy, haue passed vpon an e∣minent stage) the supreme Judges may please to consider, 1. the time, & the Persons behaviour before those actions; 2ly. The circunstances that he was in, when his behauiour seemed doubtful. And lastly, his carriage euer since. The first, compriseth all the time from Sir K. D. his entring into rhe management of publick affairs, & his comportment in them, till his going out of England from Winchester house, by allowance of the Parliament. During all this time his car∣riage was such, as made him be looked vpon as one a. endew∣ed with the publicke spirite of a true Patriote, & averse to the byas & private interests of those who were in power & swayed in all that season; as may be evidently made to ap∣peare, by many notable examples in his management of the Nauy, & of the Ordinance; by sundry actions of his out of England, & by severall other Employments at home; if any one shall doubt there of: But no proofe can be stronger, then that in the beginnings of the distempers between the Parliament

and the late King, when all those who were affected to the wayes of the Court embarked themselues in the interests of it. Yet he behaved him selfe so, that at his going then out of England, when he was allowed the honour of taking leave solemnely of the Parliament he received from it the greatest demonstration of kindness & the most obliging civilities, that it euer did to any private person; & withall, declared him innocent of all crimes that he stood accused of against the state (for euen then, there wanted not some few who were adverse vnto him) & ordered him the quiet poss••ssion of his estate, & g••ue him licence to carry ouer what he pleased of his goods; as may be seen in the Registers of the Orders of both Houses then.

For the 2. Consideration; They may please to be informed how his vnhappiness was such, that he was no sooner gone out of England; but some of the country committies who were not rightly possessed vpon what faire termes he went a way, but vnderstood his departure as a banishment, and s••ayed by popular Rumers, & took advantage of his absence sequestred his estate: so that he had not wherewithall to sub∣sist abroad; & to maintaine his 3 sons that he had by him then in France. Herevpon he often petitioned both houses, ex∣pressing the distressed condition he was in, & beseeching leave to returne and justifie him selfe of any crime might be ob∣jected against him, or receive punishment in his person as well as in his estate if he should be found guilty. But the great affairs of the Parliament could never allow the leasure to take his petition into consideration. Wherevpon he wrot severall letters to some of the eminentest Members of both houses, to acquaint them with the extreme necessity & exigents he was in, & with what was proposed to him to giue him meanes of subsistance; namely an Employment (the myste∣ries whereof, & the reasons of pitching vpon him, he has informed severall of the Parliament) for France b. (but vnder the Queen of Englands name) to Rome: which he

was very vnwilling to accept of; fearing the misconstructions at home that might follow such an Employment. thô he was resolved and certain that in it he should do nothing in effect that was vnfit for a faithfull servant c. of the state. Thus, extreme necessity, to be able to live himselfe, and to give his Children bread, forced him (after frequent ad∣vertisments thereof at home, to deliver him of it, if it might be) to engage him selfe in that Employment which is the only thing that hath begoten any doubt concerning him: Infine, such a necessity, as ever by the law of Nature & of Nations, alloweth a man to take by violence, to break open doors, to steale food to keep himself & children alive when they are ready to starue. And yet the heaviest accusation against him layeth not to his charge, any particular nego∣tiation wherein he may haue deserved ill of the state (which certainly would haue broken out to light in this long time; if he had acted in any) but only suspitions arising from a third persons letter, written in generall terms, & vpon God knoweth what particular designes of his owne; & from the course he was in, which he could not avoyde: And which the rather cleareth the candor of his minde towardes the state; since in such difficult circumstances, he behaved himselfe so as nothing riseth to beare evidence against him.

The last & most important consideration of all is how Sir K. D. hath behaved himselfe euer since his leaving to walke in those mysty paths, that afforded some ground for suspition. In which it is to be observed that as soon as he had setled a correspondence betweene France & the Court of Rome to which he was employed, he presently came a∣way from thence. If those interests which are contrary to this states interests, had carried him thither; they would still have kept him there, for they dayly pressed more and more. But as soon as a French Ambassador was settled there, he presently returned: which maketh it cleare that his em∣ployment was but in order to that, & to the consequences

thereof. As soon as he had giuen an account of his employ∣ment to the King & Queen of France that sent him (as they themselues do witness) he continued his former indus∣tries to haue leave to returne home, to justifie himselfe, or vndergo any severe punishment if he should be found guilty of any objected crime. It was then an active & busy time with the state of England; which caused, that few private businesses could be heard; & among others, his had no answer. Wherevpon he came over himselfe into England, to encounter all that could be objected against him, without any protection or security at all, but what his Innocence & a cleare Conscience could give him.

Whiles he was there, all, that he petitioned for, was to be heard, to have severest Judges examine his cause, & to afford him nothing of Grace, but bare Justice. He was d. commanded away, not for any thing imputed against him∣selfe, but for suspitions accasioned by others behaviour; which now since, by tract of time (that bringeth darkest matters to light) appeareth to haue had no solid reflexion vpon him. But he hath still continued by his son & neerest friends, to presse for Justice, & to be brought to further punish∣ment if he deserve it. In the mean time he hath been ex∣posed to all the sufferances, dangers & extremities, that want & dislike of those, neere whom he hath been forced to live, haue cast him vpon. Adde to these, invitations that cannot faile of having been offered to a person whose parts & ex∣perience in the world are sufficiently known. Yet all this hath not begot any impatience in him, nor tempted him to steere any other course, nor made him slack in endeavouring to do very important services to the state (as severall in the Parliament do know very particularly) And, for a plenary proofe & evidence of this candor & integrity to the state; they all know that during these 5 years that he hath been returned from Rome, in which time so many discoueries have been made of the closest mens darkest tempers & designes,

by the taking of so many papers, by the surprising & ex∣amining of so many of their Enemies Agents, & particularly now at the vpshot of all by the perusall of all the King of Scots papers, & of all his secretest frends letters to him, from his first entrance into affairs to this last attempt) taken at Jersey; Not the leste shadow appeareth of any thing to be suspected e. in Sir K. D. which is an argument of so great an Innocence & integrity & soundness of hart in him as bloweth away & cleareth any mist of suspition that vpon any doubtfull action of his, long since done, may be raised against him.

Therefor, vpon the whole matter; since acts of state in punishing eminent persons, are to be looked vpon rather as publike medicines & examples for the future, then as ex∣piations for particular offences past long agoe, (which is too narrow a consideration for the supreme body of a great state) certainly it belongeth to the maiestie & honorable∣nesse of such a noble state as that of England, to pass ge∣nerously over such few dark steps of his life as necessity did long since cast him vpon, & that peradventure some nar∣row & scrupulous natures might a while stick at; And re∣solue to make vse (some way or other) of the tallents of such a person, as all men know hath been in a course that may haue enabled him to be serviceable to his f. country; Or at least to allow him to live quietly & retiredly vnder the protection of the state, which he has been so industrious to serve (and with no small hazard to himselfe) as severall in the house do know Sir K. D. hath been. This proceed∣ing will win the affections of multitudes, g. when they shall see that, even in doubtfull cases, a good temper of their minds will draw vpon them the benignity & favour of the state; & that all men are not exposed indifferently to the lash & seuerity of the laws but that the state is so generous as to make fauorable constructions of such enforced actions as the necessity of broken times haue cast well-meaning men

vpon, to keep themselves aliue in a storme; which admitteth not a regularity in euery piece of a mans behaviour: It will settle many wavering harts: It will secure & quiet many mens fears: And in a word, it will worke a like effect in the state of England, as the absoluing of Fabius Maximus did in the Romane state; which is so judiciously observed by one of the wisest historians that ever was, in these words: Non minus firmata est R••sp••blica Romana P••ri••ulò Quinti Fabij Maximi, quam supplicio mis••rabili Titi Manlij. The freeing of men (who have merit or ability to plead for them) from punishment, in doubtfull cases; conduceth as much to the setling of the laws & Justice in a cō non wealth, as the pūishing of guilty persons.

If there should be any clause in the exceptions of the Act of Oblivion, that may possibly be contrued to reach me (in case my business be not ended before it come out) Methinketh it should be a very good ground for my frends to move the Parliament in my behalfe, that when so many thousands of delinquents are made happy by the grace and pardon of the state, it doth not suit with their high good∣ness & nobleness & gentleness, to let a person remaine in want & miserie & all kinds of discomfort (through some casual shortness of the act of Oblivion in his particular) that hath shewed so much constant affection to the state; And is therefore looked vpon with great animosity by the enimies of the state.

Paris 27. March. 1652.

In Mine of the 20. I sent you the heads of such con∣siderations as I conceave are most important for my frends in the house to reflect vpon; who, as being the judges of my cause, are to consider & speake of it in a higher straine

and vpon nobler & larger principles, then belongeth to Advocates or lawyers in a plaine way; who attend only to what is positively proved in that precise cause which they plead in; without looking so far to the consequences & dependance of it, & to the Rules of Generosity that be∣longeth to a state or to a King. For I make account, that the Senate of Rome (vnto which ours now is conformable) or Julius, or Augustus Cesar; were swayed, in cases pleaded before them, by other & hygher notions, then such as were to governe the private Tribunals vnder them.

Paris 30. March. 1652.

I have no more to adde concerning my business, but that you put my agents in remembrance of a consideration I have often writ vnto them; which I conceave is one of the importantest & most mouing ones to get me a good dimis∣sion of my seqvestration, that can be vsed. And it will come seasonably in, at the close & winding vp, after the justice of my case hath been made to appeare by some frends speaking in my behalfe in the house. And it is; to represent to the state that in freeing me of delinquency, & in taking of the sequestration of my estate, they relinquish nothing that they already haue; nor do give me, or part with ought that they have possession of, or can ever be in away or possibility to possess, but by first enabling me to be owner of it. For, my estate is now out in mo••tgage, & engaged for other debts that must succeede the mo••tgage; so that nothing will be to come to me (and consequently not to the state neither) in 20. years, & more, if it be let lye as it is. And all this while they haue no tye vpon my good behaviour; for, whatsoever I should do or attempt, I can be in no worse case then I am. Whereas setting me vpright. And vpon faire termes with

the world, they will put me in a cōdition to make me vse indus∣try to recover what I can of my estate, & to pay my debts vpon better aduantage then to let them eate themselues out; And my Mother will do something for me, when I may be bet∣ter for it. And thus the state will haue a solide tye (of some considerable fortune) vpon me, to oblige me to duty & respectful behaviour to them, as well as the motiues of affection and honesty in me.

On the back: Reflections vpon my case for some of my freinds in the house. Sent to my Cos. Digby, & my son 20. 27. & 30. March 1652. All in Sir K. D.'s hand. This Letter is not printed in the order of its date; but after that other of the 21. Feb. 1650. It being a further expla∣nation of it.

Notes

• a.

  Guesse by this how zelously he serued the Queen, wh•• employed him.
• a.

  Sir K. D. pretends to haue been ac∣cused to the Court even before the Ci∣vil wars.
• b.

  He pre∣tends, that he was sent to Rome by the Queen of France, then Regent. How tru this pre∣tence is, let the world judge.
• c.

  He was then resolued to be very faithfull to the Q. who employed him
• d.

  VVhere was that cre∣dit of which he boasted whilest he was in Rome with the Prime Inde∣pendants.
• e.

  This prou∣eth, that the Royal, Party had little esteeme of Sir K. D.
• f.

  He hath a great esteeme of of his owne parts as also Blacklo. But I think nobody else e∣steemed him.
• g.

  He thinks the world much con∣cerned for his case: so a boy who sold matches in Paris folling into the Seine, & be∣ing in danger of drowning sayd, what wil becōe of Paris if I am drown∣ed?