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Perkins Wright, Esq., J.P., Stafford. Tbis is to certify that the entire impression of this ivork (z -vols.) bas been rigidly limited to 100 copies, of ivhich this is .Wc^-rr.. Proofs and •waste sheets ba've been destroyed. A) An Apology for Socrates and Negotium Posterorurn, AN APOLOGY FOR SOCRATES AND NEGOTIUM POSTERORUM: BY SIR JOHN ELIOT. (1590— 1632.) .NOW FOR THE FIRST TIME PRINTED: FROM THE author's MSS. AT PORT ELIOT. Edited, with Introduction and Additions from other MSS. at Port Eliot, Notes and Illustrations, is-'c. by the REV. ALEXANDER B. GROSART, LL.D., F.S.A., ST. GZ0KG£'S, BI.ACICB (7RN, lANCASHIRI. IN TWO VOLUMES. VOL. I. INTRODUCTION APOLOGY FOR SOCRATES NEGOTIUM POSTERORUM, PART I. ADDITIONS AND NOTES AND ILLUSTRATIONS. PRINTED FOR EARL ST. GERMANS AND PRIVATE CIRCULATION ONLY. 1881. CHISWICK PREtSS I — C. WHITTINGHAM AND CO., TOOKS COURT, CHANCERY LANE. CONTENTS OF VOL. L PAGI i-iii I. List of the distribution of the loo copies . II. Introduction xi-xxvi III. An Apology for Socrates ...... 1-30 IV. Negotium Posteromm, Part 1 31-116 V. Additions from other MSS. at Port Eliot, Part I. . 117 iJ^^^S ;^^i3^^ ^>y,>gi ^^ ^H 1^^^ ^8 H ^ ^p aS^gfi^S ^^^^ 1^^ s,^^ ^^^^ INTRODUCTION. ^ AVING given in the Introduction to " The Monarchie of Man " (2 vols. 4to. 1879), a somewhat full Memoir of Sir John Eliot, I must refer thither those who wish to know the fects and circumstances of his illustrious Life ; or the Reader will be abundantly rewarded who masters the in evitable source of all after-writers, viz. " Sir John Eliot : A Biography. 1590-1632. By John Forster. 2 vols. London, 1864 (Longman)." Here and now, I have to limit myself to (a) giving an account of the matter con tained in the present volumes ; (i) to explain the supple ment of the two great MSS. herein reproduced {for the first time) from the other Port Eliot MSS. entrusted to me by Earl St. Germans. (a) An account of the matter contained in the present volumes. I. Jn Apology for Socrates (vol. i. pp. I-30). This MS. was among those that were found in his chamber in the Tower after his death. "It was the INTRODUCTION. piece of writing," says Forster, " that seems last to have occupied him " (ii. p. 668). I doubt this. It is much more carefully and firmly written than his later MSS., and I rather think preceded at least some of these. Be this as it may, his Biographer truly observes on the occasion and pur pose of it : " If his friends could have doubted his de sign in raising and answering such a question \^'An rede fecerit Socrates quod accusatus non respondertt ? "j in these last hours, the words written within the paper removed all doubt : " Upon a Judgment in y* Court of King's Bench against -y" privilege of Pari' on a nihil dicit. 5°. Car." The Socrates as to whom inquiry was to be made, whether he had acted rightly in not replying to his accusers, was not an Athenian but an English philosopher. The name was a mask, which there was no attempt to disguise or conceal. The design was to ask from a later age, when the writer should be no longer accessible to praise or blame, the justice denied in his own. No .immodest comparison, we may be sure, was intended by the choice of a name so illustrious. It was taken simply as that ofa man who had been the subject of an unjust accusation ; who, on being called to plead or defend himself, told his accusers that, so far from having ofFended against the laws, he had done nothing for which he did not think himself entitled to be rewarded by them ; who took his sentence with uncom plaining calmness 5 and to whose memory a succeeding time offered late but repentant homage by decree of a statue to himself and of ignominy to his accusers" (ii. p. 669). It needed no common measure of conviction of what INTRODUCTION. was the right thing to be and to do, for Sir John Eliot to stand out as he did, and while others were released to abide in prison. As no one could find better words wherewith to tell the proud story, I gladly draw again here upon the ' Biography ', as thus : " There can be no doubt that in the early months of 1632 a great pressure had been put upon Eliot by some of his friends to induce him to make such concession on the point of good behaviour as might render possible a compromise of his fine, and open some way to his release. At this rime, all who had shared his imprisonment, whether by order of the king at the disso lution of parliament, or by sentence of the judges subse quently, were at large ; under various pleas and pretences, some consideration having been extended to all. Even Walter Long, who before had been let loose to attend his wife's death-bed, and afterwards, upon his own petition, to visit his " motherless, fatherless, friendless children," was at length released. Very opportunely also, there had befaUen Heath's resignation of the attorney-generalship, and the appointment to it of Noye ; who, having taken as strong a part as either Selden or Eliot in the events that led to the scene of the second of March, appears to have been really anxious to promote the release of those quondam fellow agitators. But, though Selden consented to go free upon his personal guarantee to appear when called upon ; though Valentine showed no indisposition at last, as Eliot expressed it, to knock at the "back door of the court" ; and though the hangers-on of the court, noticing the rumour of an approaching parliament, were fain to speak of it as INTRODUCTION. no unpleasant probability, " now that Noye and Selden are come on our side, and the rest of the rebels will be glad of mere conditions j " the person who comprised in himself that " rest of the rebels " still steadily refused every form of compromise involving a concession to his judges. Also believing that a parliament would come, he would sufFer no point of its privilege to be in his person surrendered or be trayed " (ii. pp. 669-70). It was under these sad and trying conditions that the * Apology ' was written. I for one do not wonder or blame that through it there is an under-tone of pain from the in ability of his ' old associates ' to sympatliize with his 'noble obstinacy'. "It was difficult," continues Forster, "to bear such reproach, because impossible to answer it with out assuming in turn the censor's of&ce, not merely against renegades he despised, but against friends whom he es teemed J and it was this which seems to have determined him, in drawing up a final statement of his case, to divest it in outward seeming of any directness of personal allu sion, by writing as if in defence of one who belonged to another country and a distant time. But the mask was not for concealment, and was worn so that any might up lift it " (ii. PP..670-1). It must likevnse be remembered that there was actual need for semi-concealment of his design, seeing that at any moment the king on some sudden whim of vengefulness might sweep the Prisoner's room of all his papers and wath monkey-like maliciousness and mischievousness seek occasion against him as pseudo- warrant for still more inexorable treatment. INTRODUCTION. In the * Biography ' successive quotations are made from the * Apology ' — not, I am bound to say, always accurately or so carefully as they might have been — but as the com plete Manuscript is now furnished in extenso, and in abso lute integrity, it seems inexpedient to give these in this Introduction, even for the advantage of the connecting words and notes. But I cannot withhold the close: "The close is very affecting. Speaking of the sufferings, " the passions" of Socrates, he checks himself. To him only were known all the secrets of the prison in which the Socrates of whom he wrote was immured. At the time he was writing, an order from the Council had finally de barred future access from his friends; and the end, though perhaps he knew it not, was very near. But less of him self than ofhis countrymen he was thinking then, "^ Should I enumerate his passions, I should renew your griefs, I should woimd you, O Athenians ; I should pierce the soul of your affections with his memory." He would not, there fore, tell them what their Socrates had suffered. What be suffered in his fortune, what he suffered in his person, in his liberty, in his life, he would not relate. " To be made poor and naked ; to be imprisoned and restrained ; nay, not to be at all, not to have the proper use of anything ; not to have knowledge of society ; not to have being and existence ; his faculties confiscate, his friends debarred his presence ; himself deprived the world ; I will not tell you all this suffered by your Socrates, and all suffered in your service; for you, most excellent Athenians, for your children, your posterity ; to preserve your rights and Iiber- INTRODUCTION. ties, that, as they were the inheritance of your fethers, from you they might descend to your sons." But though he sought not to move their sorrow for him of whom he wrote, he craved their justice. Of defections from the law, of contempt for authority and justice, of desertion of his own innocence, of a betrayal of the public hberties, Socrates had been accused. Was he guilty ? Or had he proved his right to have preferred to die, with refusal to admit the jurisdiction of his judges, rather than to live, with such concession to an vmlawful power as might have challenged and obtained their pity ? The appeal was heard, and the answer given, far sooner than Eliot might have looked for in the gloom that surrounded him ; at the time apparently more hopeless from some gleams of hope which had pre ceded it" (ii. pp. 682-3).* I feel a not unbecoming pride that at long-last this historically priceless and biographically infinitely pathetic ' Apology ' is for ever rescued from the hazards of a solitary Manuscript. Had it come down to us in Greek out of the prison-house of an Aristides — imprisoned, not banished — it had been placed beside the ' Phasdo '. As it is, if it be without the dulcet words and finely-wrought phrasing of " the speech of J:he gods," it has a tranquil dignity, a fine restraint, an exquisite truthfulness, ay, and a natural brokenness of utterance that in my judgment ought hence- • Throughout I give Forster's quotations in his text. Compari son with mine will show even in his most careful places how he tampers with words and forms. INTRODUCTION. forward to stamp it as one of the great possessions of our History and Literature. That it should have been possible for such a man as Charles I. so to deal with such a man as Sir John Eliot, is of the mysteries of Providence, and is a measure for us to-day ofthe broad-based liberties of ' this England' — liberties that our Eliots and Hampdens and Pyms and Cromwells magnanimously asserted and the Nation won. They are recreant Englishmen who side with the king — and such a king ! — against the kingdom. They are the victims of a superstition, who hold for monarchy in a Charles I. as if in an Alfred, in a Charles II. as if in an Elizabeth, in George IV. as if in William IIL Our present titular ' monarchy ', with sych a Queen as Victoria (God bless her !), is the freest and noblest existing sovereignty ; but supreme over all is "The Monarchy of Man"; and no unworthy king, no fresh Charles I., or II ., or George IV. would be tolerated. Nor would the revolution— /« such case — cost what prior have done. But may a long line of descent from Victoria and Albert, 'worthily * fill our England's mighty throne ! 2. Negotium Posterorum (vol. i. pp. 31-126: vol. ii. pp. 1-109). As John Forster was the first literary Worker who had unreserved access to the Port Eliot MSS., so he had the distinguished honour of being the first to sort and sift the confiised mass — long neglected — of the family Papers. Under his personal direction the whole were classified and INTRODUCTION. bound fittingly in noble tomes. They form such an array of historical documents and memorials as might make any Library famous. Long may they find an honoured place in the great patriot-statesman's mansion ! While justly proud of all his researches among these MSS., the Biographer to the last used to discourse, garrulously yet pleasantly, of his pre-eminent recovery (if discovery were not his preferred word) of the ' Negotium Posterorum.' One can excuse his ' magnifying' ofhis part in the supreme ' find.' Hitherto he had worked very much in the dark ; and lo ! a shaft of light flashed over the entire field. I very willingly let him tell his own story of this in estimable Manuscript — now, like the 'Apology for Socrates,' for the first time printed in extenso : — " A period of Eliot's life [1625] has now arrived where guidance is happily vouchsafed to us, which we may accept without a misgiving. Among the papers at Port Eliot in his own handwriting, and of which the authorship is as manifestly his, exists a memoir of the first parliament of Charles the First. "That this manuscript, possessing great historical im portance and an unrivalled personal interest, should have failed to attract any kind of notice for more than two centuries, which have yet been filled with a vivid interest for the sub ject it relates to, and with enquirers eager for any scrap of authentic information concerning it, is one of those acci dents that not unfrequently attend old family papers. " Its appearance is not inviting ; it is on the face of it a fragment, or intended portion of a larger work ; and it bears a Latin title, of which the meaning is not immediately per- INTRODUCTION. ceived. But upon examination it is found to be in itself complete; to contain a narrative of every incident and debate in the Lower House, during its two sittings at Westminster and Oxford ; and to include besides admirable summaries of the leading speeches, reports of every speech delivered [in the Parliament at Westminster and Oxford of Charles I., i°] by Eliot himself. " The object with which it was composed declares itself beyond any question. It vras designed, evidently, to stand as a portion of a work that should relate to other genera tions the parliamentary labours and struggles in which Eliot and his friends of that existing generation had been engaged. " Its plan would doubtless have embraced the parliaments of James in which he sat, as well as those in which he took part under Charles ; and the unfinished state in which the manuscript of the " second " portion, as it is termed, reaches us, might have suggested its date, even if internal proofs did not determine it positively. At the close of the first stormy session of the great parliament of 1628, during the recess when Buckingham was murdered and Went worth went over to the Court, it appears to have been be gun ; though not likely to have been brought into the state in which we find it, until the author's later imprisonment. It probably then assumed the double character — of a me morial of the struggles by which the ancient liberty had been reasserted, and of a monument to sufferings under gone in so wresting the petition of right from the king. The fulfilment of the design was interrupted by death ; INTRODUCTION. and how far it had proceeded, even, cannot with certainty be said. It is quite probable that this second part com prises all that was ever written, as undoubtedly it is all now remaining at Port Eliot ; though the fact of many books and -manuscripts having been lost or destroyed when the mansion was repaired forty years ago leaves it doubtful whether some of the Patriot's papers may not also then have perished. More cannot be known ; but in what has survived we have the record, not insufficient, however in complete, of the opening scenes of one of the greatest conflicts in which the men of one generation ever engaged to secure the happiness and freedom of generations that were to follow. In the very tide given to his manuscript by Eliot, that idea appears. Not for ourselves we did these things, made these sacrifices, underwent these toils and sufferings ; but for you. It was not our own business we were then transacting, but yours — Negotium Posterorum " (voL i. pp. 209-11). At this point I intercalate two observations : («) An examination of Negotium Posterorum as now re produced with all fidelity to the original MS., brings these points before us — viz. that in vol. i. page 39 (following the introductory paper, p^. 33-38) are these words — Negotium Posterorum Tomus Secundus, Liber Primus. And again in vol ii. page i, is this : — Negotium Posterorum Tomus Secundus, Liber Secundus. Studying these, it seems morally certain that a ' Tomus INTRODUCTION. Primus ' had been written by the author. No one would now dream of either entitling a volume ' Tomus Secun dus ' with a ' Tomus Primus ' non-existent, or of writing ' Tomus Secundus ' before ' Tomus Primus.' I therefore fear that it is beyond all doubt that a ' Tomus Primus ' has perished, and perished irrevocably. But {b) other MSS. of Sir John Eliot at Port Eliot contain at least portions of materials for such a ' Tomus Primus.' They also contain the authorities utilized in ' Tomus Secimdus.' With respect to the latter, whilst we cannot make up for the prodigious loss of ' Tomus Primus,' we are able to elucidate and illustrate the events and circum stances of (strictly) a Jacobean parliament, and also to give first-hand copies of Speeches delivered by Sir John Eliot ; some with greater detail than in Negotium Posterorum, some that were prepared but not delivered, and other relative documents. Of these, in the sequel. The Biographer quotes'largely from Negotium Postero rum. If I cannot accept absolutely his assurance that " the Reader may rely with perfect confidence on the scrupu lous precision and accuracy with which all that is essential in this remarkable manuscript ... is laid before him," it is because I deem integrity of wording to be the « essential of essentials.' Nevertheless, regarded broadly, Forster has made effective use of this MS. for his purpose. I cannot but rejoice, however, that the historical student has the great MS. now before him, as the author in tended it to reach him ; id est, not cut up into fi-agments and snippets taken hither and thither, but in completeness. INTRODUCTION. To ra-yseM Negotium Posterorum has the solemnity of a Greek play. Beginning with the sunny welcome to Charles on the death of his mean and meagre, though shrewd and (in a sense) learned father (James I.), and the generous hopes of the foremost in the nation in and for him, all too swiftly ominous shadows fall in black bands and bars across the sunshine and the gladness. The Turks (mirabile dictu !) were harassing the coasts and even har bours of England ; and there was terrible internal misery and discontent The stage is early seen to be too vast for the poor Players on it. Buckingham is the Fate of the young king — perchance his heaviest paternal heritage. Following on the great sigh of relief to all England over the shattering of the 'Spanish Marriage' scheme, came his ill-advised election of ' Maria,' which all the glamour of courtly poets never succeeded (or could succeed) in transmuting into English ' Mary.' Then behind, above, encompassing all, there is revealed an innate ineradicable shiftiness and treachery to his spoken and written word, on the part of the king, a constant playing fast and loose with truth, a perpetual ' promising to the ear ' and falsification in the act. And so the 'Debates' in the House are coloured by the atmosphere and lights and shadows in which they are held. Anything more despicable, more un-English than Charles's dealing in the matter of Bishop Montagu — to name a lesser thing first — or in the central difficulty of ' Subsidies ' — to accentuate a greater thing — is inconceivable. There is a certain pathos of fatality in his unvarying doing of the wrong thing and at the wrong INTRODUCTION. time even for the success of it. One is awed, indeed, before the spectacle ofa man so (mis)guided by a conscience per verted in its very core, whereby the poor and shallow thing of shallowest natures, obstinacy, was mistaken for august WILL. Than the account of the interview between Sir John Eliot and Buckingham (vol. i. pp. 111-112) I know nothing holding in it elements for highest imagina tive-poetic treatment, if only the man were forthcoming. The unhappy Duke's ' No ' to the patriot's pleading, marks a turning-point in English history. There are other dramatic possibilities — as of Sir John Eliot on the spur of the moment facing ' the Favorite ' and by sheer force of his own indignation compeUing him to withdraw ; and the Uke ' answering ' of the renegade Wentworth, as he truckled and cajoled, bartering his magnificent dower of intellect and many-sided power for poorest ' mess of pot tage.' The long patient insistence of ' the Commons,' the firm holding to ' law and right,' the absolute determi nation to be true to the Nation's interests, and the fine courtesy and reluctant severity wath which ' grievances ' are presented, thriU one to-day, unless lukewarm water and not living blood be in the veins. The Speeches ofthe Leaders found in Negotium Posterorum take their place in the successive crises of danger and forbearing opportunity, like so many Choruses of old. I feel assured that not a icw of these — as those of the fiery and brave-spoken Sir Robert Philips — wiU come as a revelation to many. Then — as already noted — Wentworth and the other ' op posites ' to the patriots, earUer and later burst upon us in INTRODUCTION. Negotium Posterorum with all the vividness and power of actual life. Taken as a whole, however looked at, Nego tium Posterorum is a unique historical-biographical work. From beginning to end, and with every abatement because of its not unfrequently cumbrous and unskilful workman ship in phrasing, we read breathlessly and with the zest of a vital Novel of Scott, or Charlotte Bronte, or George Eliot. As a Supplement to the ' Apology for Socrates,' and 'Negotium Posterorum' I have added an Appendix to each of these volumes, of important MSS. from the Port EUot Papers, nearly aU hitherto unprinted, though quoted from and referred to by Forster. The Reader will find it special recompense to study these. The Supplement Additions speak for themselves, but there is one document now first fully printed, on which a remark seems caUed for, viz., the great Speech given in vol. i. (pp. 140-148). I have inadvertently stated (p. 140) that this Speech does not appear in Negotium Posterorum. It reaUy does so, though in such an imperfect and broken form as to be scarcely recognizable. If the Reader will turn to our vol. ii. pp. 85-91, sjid compare the text with that in our Supplement (i. 140-48) he vnU be grateful for the latter. Sir John Eliot must himself (and others as weU) have attached unusual impojrtance to this Speech, inasmuch as not only have we the two transcripts as printed by me, but another in Lansdowne MSS. (491, fol. 155) and the printed version in Cotton! Pojihuma, which is blunderingly assigned to Sir Robert Cotton. Singularly enough, Mr. Forster quotes^from these INTRODUCTION. latter the introductory sentences as not being among the EUot MSS.. This is a mistake, as our text shows (vol. i. pp. 140-1) ; they are in their place in the transcript, carefuUy and critically revised by Sir John EUot. Mr. Samuel Rawson Gardiner, in his " Buckingham and Charles I " (i. 289), argues that this Speech was undelivered. But in Nego tium Posterorum, Sir John expressly tells us not only that the Speech wras delivered, but the effect it produced, as thus — " this inflam'd the affection of the house, & pitcht it whoUie on the imitation of their ffathers" (vol. i. p. 91). This is to me decisive. But it is (barely) possible that aU the " precedents " and details of the fiiUer Speech, were not spoken. Intrinsically, the interest and weight of the Speech is unaffected by delivery or non-delivery. Having named the Historian Mr. Gardiner, I take the opportunity to refer every Student of the period to his most matterfiil and judicial volumes, commencing with his' " History of England from the Accession of James I. to the Disgrace of Chief-Justice Coke, 1603-1616" (2 vols. Svo. 1863), and stiU happily being continued. On aU the events and names embraced in the present volumes, Mr. Gardiner wiU never be consulted in vain. It would have needlessly extended my own Notes and lUustrations to have annotated the many historical facts and names that are recorded in Negotium Posterorum. I have identified most ; and for more Mr. Gardiner and Mr. Forster must be read. I owe Mr. Gardiner hearty thanks for his kindness in ansv/ering my (I fear) troublesomely numerous questions. d INTRODUCTION. I wiU only add that as in aU my books I have striven to be faithful in my reproduction of these difficult MSS. I feel it to be an honour to have been entrusted by Lord St. Germans with the task of love of giving to historical students these MSS. and those that are to succeed (in other two similar volumes), viz. De Jure Majestatis, with (pro bably) other additions ofa valuable kind from his Unpub lished Correspondence, &c. &c. These additional volumes are now in the press, and may be expected some time this year. Henceforward, there will be no excuse for ignorance of the life-story and life-work of the foremost of the Worthies of our England. ¦Alexander B. Grosart. St. George's Vestry, Blackburn, Lancashire. I. APOLOGIE FOR SOCRATES, BEING A VINDICATION OF SIR JOHN ELIOT BY HIMSELF. NOTE. See our Introduflion for an account of the MS. volume preferved at Port Eliot frora which this remarkable 'Apologie' is derived. — G. APOLOGIE FOR SOCRATES. An refte fecerit Socrates, quod accufatus non relponderit. [Orat. fuit. ad imitationem IVIax. Tirr. dissert, xxxix.] '^^^^^ STAND now heer (moft exceUent Athe- Page i. nians) as a rare Charafter, & example, both Apologie for of y' pietie, & Juftice : of y' Juftice, in ^'^''*''='- thefe tymes, that truth may have admifsion to the publicke ear, & veiw, to the tribunaU of y"" iudg- ments : of y'' pietie, that an Apologie maie be heard for SOCRATES, now dead, why liveinge he neglected it ; that y" wiU yett receave for his memorie a defence, why he defended not his innocence, &; grant that vnmatcht integritie of his, his integritie & fidelitie to y"wards, a vindicacon from their enemies, an expiation from their flaunders, those fcandalous afpersions whereby Socrates, & his dutie have been ftaind : & this to be done by me, the weakeft of aU others, yett soe farr acceptable, as it is done for him : & that in this manner, in this sacred afsemblie, the people soe seldome celebrat,/ & convented. it is a rare Page 2, APOLOGIE FOR SOCRATES. example of y*^ pietie ; & as to me an hono'' in the fruition of this p''fense ; soe even to Socrates though dead, a hap- pinefse, & favour ; & an admiracon vnto all men. I know not whether y"' obligacon in a iuft counterpoife & weight, wilbe greater vpon Socrates, or me : on Socrates, that his memorie is yett soe pretious in y' eyes, that through all thefe mifts, and clouds w*^"" have obfcur'd it, y" have ftill a veiw, & profpect on that obiect : on me ; that I fhould be thought worthie to fpeake before y' excellencies, to fpeake in the caufe of Socrates, pardon me Socrates this high, & great prefumption, to vndertake this worke, w'''' is only ffitt for Hercules ; to put my fhoulder to that burden, that sacred burden, of thy vertues, w'"" none but Atlas cann fupport ; nothinge but his wifdome, qu! et ccelestium £3" subterranearum rerum habet cognitlonem, as the antients/ Page %. faind that Giant, pardon me Socrates this tranfcendent bouldnefse, to tender my indeavours to that labour. pardon me y" Athenians, that thus farr I intrude, (though by yr leaves) vpon y' eares, & patience, all my hope is that, in the caufe of Socrates his Genius will afsist me, that to defend the innocence of Socrates, Socrates Eloquence will attend me : that in the Apologie of his adtion, I shall have the secrett influence of his iudgment ; & that I know would give y" fatiffaccon ; of w'^'' some hope I have, & w*out w"^*" I should vtterlie difpaire. yett this I muft petition from y"^ candor, that yr expedtacon be the leaft : that my weakenefse may be the obiedl of that fecultie ; not that wonder of abilitie in Socrates : that soe Socrates may be w"'out p'iudice in his vertues, if the APOLOGIE FOR SOCRATES. ftreames be not anfwearable to that fountaine : & if ther flow what may reUfti of that spring, what that pure spirit of Socrates/ may suggeft, that it may seem the more Page 4. pretious in y'' iudgments, the more acceptable being vnlook't for. I know the great difficultie of this worke, this apologie for Socrates, & the ftrong oppofition it will have ; that in this. That Socrates did not anfwear the accufacon made ag' him, ther are many enemies fuppof'd. firft a defeglion from the Law, in declinninge of hir procefse. next, a con tempt of luflice, in not fubmitting to authoritie, wher a rule & iudgment did command it. then a defertion of his innocence, in expofing that to fcandall, w^"" yett noe good man wiU fupport. & laft, a betrayinge of y'' liberties, that ineftimable iewell of y rights, involv'd in the caufe of Socrates : that Socrates by his filence, became a traitor to his country, a traitor vnto y", a traitor to himfelfe. aU thefe crimes are charg'd vpon this one aft of Socrates, or rather this negleft, that Socrates did not anfwear, wherein the detraftion of his enemyes, y'= malice/ of his accufers, page 5. the cuninge of the informers, the corruption ofthe iudges ; melitus litem qui Intendit, Anytus qui detulit, Lyco qui pro- pofuit, & the reft, doe all concurr in this, to deprave this worke of Socrates, to heighten it to thefe crimes ; to make him guiltie of offence, whofe offence was only, not to have [been] guiltie ; & by the condemnacon of his virtue to raife a iuftificacon for their vice. to encounter all thefe powers, I know, is a worke of difficultie : to anfweare all thefe crimes, to give satisfaccon APOLOGIE FOR SOCRATES. in thefe charges; for their number, for their weight, requires noe Utde labour : to vindicate the honor & repu tation of Socrates, in this danger, & necefsitie it is in, is a tafke even fitt for Socrates ; his Eloquence, & wifedome were he Uveinge, & his fpirit only, & genius, now he's dead. one word of Socrates would suffice it ; one found, & articulation of his voice ; thofe few siUables, his Innocence, Page 6. haveinge the grace/ of that exprefsion w'^'' his tongue would give them, that meUifluous tongue of his ; that one word, pafsing through his lips, would anfwear aU obieftions, his defence were fiill in that : though the eares of all men were sealed vp, & an obftruccon in their heareing, yett the aer would regulate the motion of that sound to the figures ot his truth ; it would be ther read written in the aer, & (though mens affeftions did refufe it) the aer would ther retaine it ; to the veiw, and wounder of pofteritie. But Socrates being dead, that word has loft his vertue, to w"*" the realitie gives power, the innocence of Socrates, haveing influence on the word, would have made it soe prevalent, & effeftive : but now that p'feftion beinge wantinge, ther being noe paralell of that virtue, the fiUables want ther harmonie, they ftrike not that affeftion in the hearers, by the concord & diapafion of their speeche, and Page 7. therefore/ larger arguments muft be vfd, by p'ticulars to prove it : by p' ticular anfweares, to the p'ticular obieftions that are made ; by p'ticular defences, to each p'ticular charge ; & soe from a speciaU apologie in dark crime to implie his iuftificacon in the generall. This method I shaU foUow wherein I muft crave y"^ favours to accompanie me. APOLOGIE FOR SOCRATES. y"" attenfions to obferve j" traft & levell of my reafon : y'" patience to afford me tyme, & libertie, in this fubieft ; y"^ wifedomes (moft exceUent Athenians) to fupplie the defect of my exprefsion, wher my mouth shall prove (as in this cafe I fear it much) to[o] narrow for my hart, & yr pardon for thofe errors I committ, w"^*" my weaknefse, my ignorance, want of memory, & confidence, wiU in part extenuat & excufe : the glorie of this p''fence,/ this rare Page 8. concourfe, and afsemblie of the people, beinge an obieft soe exceUent, that w* a ravifhing delight it captivats my fence ; & in stead of intention on my worke takes me whoUe in wonder & admiration, but to p'pare & facilitat the waie in this great iorney and adventure to w'^'' y^ favors doe encourage me ; I muft praie y" to looke backe, to reHeft a Utle, on the courfe, & proceedings firft w* Socrates : the firft ftate, & meritt of his caufe, w"^*" will give an illustra- con to the reft, fomethinge may thence arife for the matter of apologie, w'^^'I knowyr pietie wiU not barr me ; or if to me, yett y° will not to Socrates denie it. his vi.-tue fhall not be p"'cluded of y' help, w* is the common rule of Juftice in aU cafes, to give a free scope, & libertie of argument, to admitt aU cercumftance of vfe ; much more then maie I p'^fume it, at y'' handes, whoe are moft iuft, yea like iuftice in the abftraft ; & in this cafe for Socrates ;/ whofe example y'' Page 9. held soe pretious whileft he lived, & now his memory, being dead. Socrates was accuf 'd to have spoken divers things in Senat, divers things by waie of greivance, & complaint : some things againft Melitus, who after was his iudge ; some things ag' Anytus, v/ho had the p'fecution of his caufe ; , APOLOGIE FOR SOCRATES. some things againft Lyco, the informer, from whom the delation did p'ceed, & others of y' leven ; but aU fhrowding under y" canopie ofthe State, aU cafting themfelves w*in the proteccon of y' buckler, and ther fightinge w* our Heftor, as Troilus under Aiax; what fordifquficon hep'po unded againft them, turninge it to fedicon in the goverment ; intitleing y= goverment to all their enormities and exorbitance. Page IO, & tranflating the complaints/ againft themfelves, to y° flaunder of the goverment. for this Socrates was ac cufed, & thus his charge was laid, thus to have spoken againft y", but w"" refleccon on the ftate ; w* intencon to have wounded the head in thofe ill members ; through their fides to have made a penetracon to the hart, & this in publicke senate, in that sacred fanctuary of your liberties, wher iuftice is soe reUgiouflie profeft, that noe faulte scapes unpunifhed. In this Socr[ates] displead the priviledge of y° Senat. that noe lefser court had iurifdicon in that caufe, that from aU antiquitie ther had been a conftant pofsefsion of that right, w*out any violacon or impeach', divers reafons, & authorities he product, for the cleering of y* Page II. intereft./ that though all things had been true, as they were given in the suggeftion, and Socrates had been faultie (w*^*" noe man can fufpect) though to the outward subftance of his actions that inward forme, & finifter intention had been added ; yett he was no wher punifhable, noe wher queftionable but in that Court, by that iudgm' of the Senate, the fentence of y' place, wher noe delinquent could inioye impunitie, foe long to be elfwhere obnoxious to a queftion. for confirmacon of y' priviledge fower forts of APOLOGIE FOR SOCRATES. authoritieswere vf'djallpregnaunt in the pointe, aU bindeinge vpon Socrates, firft y^ claimes and challenges of Senat, layinge it as a ground & pofition. of their birthright, next the refolucons of the iudges, the ordinary/ iudges of the Page 12. law, fuch as Melitus & the like, confentinge, & approving of that right, then the aUowance, and concefsion of all princes who ftiU doe acknowledge and confirme it. then Lawes and ftatutes in the pointe, tyinge both Socrates and others, to the ftrickt obfervance of y' intereft. and laftly a p'"fident, and example, to demonftrat it. to w"^*" add, the rea fons, for Socrates his faftie, and integritie, that however, in foro ivdicij, he were free, yett In foro confclentla, he was bound ; that the great iudgm' of Socrates did oblidge him to infift vpon this priviledge, to pTerve this publicke right ; teUinge him ftiU in private, in the Cabanet of his hart, that it was the due of Senators, & by fubmifsion to the contrary/ he fhould be confcious of their p'iudice; he fhould be guiltie Page 13, ofthe violation of that priviledge; ofthe violacon ofhis duty, though others had otherwife determined it : & that in future he fhould ftand obnoxious to the Senate for that aft of p''iudice and violacon ; & foe bydecUnningethe danger of that tyme which might have reparacon in another, incurr the cenfure of another w'^'' could have reparacon in noe tyme. But to make this more p'fpicuous, cleerly to ftate y° cafe, I fhall crave leave to inftance fome p'ticulars : for by the groundes & inducements then in Socrates, we fliall beft iudg the fcope ofhis intentions, by the intention cheifely fhall we come to the true knowledge of his afts, w* may be worthy of praife, or condemnacon, accordinge to the c APOLOGIE FOR SOCRATES. Page 14. fpirit/ that did guide them, ffor the claimes and challenges of the Senate they are numberleffe, & manie; and the con- cefsions as frequent by the princes, repeated in all ages, at the initiation of all meetings ; wher the peticon is ftiU made (not of grace, but right) for y' imraunitie in p'ticular, that pet. prol. in if if, fhat Senat any did offend they fhould be only punifhed primo Senat. ., , nni, ¦ , tn that place, that noe arreft fhould be, or impeachment of their pfons, for matters and agitacons in that fphear ; (much leffe a iudgm' & queftion for their lives) w^*" as the proper right of Senators, the common right of Athens, the antient birthright, & inheritance of y'' fathers, thofe femous fathers, and founders, of y'' greatnefse (moft prudent, and moft exceUent Athenians) has been ftiU granted, and allowed ; soe as that number or order may afford, what Page 15. tyme & approbacon/ maie creat, in the opinion of this priviledge, Socrates had it heer, in thefe claimes, and recog nitions, to w'^" almoft all places, & aU perfons might atteft. but if vfe & cuftome, w"^*" is in other things equevalent to law, & creats a right ; be not in this cafe fufficient to confirme it : if the familiaritie in that, Uke the common vfe of oders, have duU'd the apprehenfion of our fenfe, we haue varietie p-'fented in the allegations w"^" he made, out of the antient Rhetra of yr lawes, wherein it is expreft vpon the occafion of thofe tymes, that all great matters mov'd In fenate ought to be handled dlfcufsed and adludged onlie by courfe of senate and not in Inferiour Courts, to w'^'' right & declaracon the prince confented and approved, as hke wife afterwardes vpon an appeale of treafon in that Court ; the lawiers, & men fkiUfuU in thofe ftuddies, being confulted II R. 2. rot. pa' n°. 7 APOLOGIE FOR SOCRATES. did confefse, that, moveinge in that place, it was not w""in theirnotion,w''in the compafse of their/ cognifance ;& there- Page i6. vpon concluded that by the antient cufiome it appertayned, to the franchlfe iff liberties of the fenate to ludge of what was rot. process. & moveinge in that orbe, & that noe other Courts had iuryfdlc- •J"''''^- " I'-- ^ con in fuch cafes, w''' Courts did only execute the ordinances & ejiabllfhments of senate., andnot iudg the senate, or priviledges thereof, to the like he urged a proteftacon of that CounfeU vpon an occafion of fome fear, that it was the antient and iS Ja[mcs]. vndoubted birthright and Inheritance of y' Athenians freelle to treat, reafon & debate all matters, i£ bufinefses in Senate, w' out any Impeachment, Imprifonment, or molejiacon-, other then the censure of that Court, w'^'' fliews the right, claime, and pofsefsion of the Senate, and that firft ground, and foundacon on w"^*" Socrates did build, the next was, the refolucons of y° iudges, the iudges of ould tyme, whofe wifedomes, & integrities p'"ferr'd them, wher they were concurringe in this pointe (and neuer/ any differd from pagc 17. that sence, but such as were spoken by their ends, to be vnworthy of thofe names, whofe retraftions were after u. r. 2. written in their bloodes) the refolucons of thofe elders, thofe worthyly calld iudges, are the next authoritie he brings ; whereof two are moft remarkable ; the firft on a queftion of precedence, only a title of prioritie in that place, whereon aU thofe sages being confulted, all the iudges caUd to deUver their opinions, they anfweared ; that. It being 27. H. 6. matter of the Senate, belong" d wholy to y' priviledge, and ^°^- P"'' "°- ought to be ther decided, bf not elfiuher. & if not a privat queftion of p'^cedence how much lefse the pubUcke bufinefse APOLOGIE FOR SOCRATES. of that howfe ? the second was vppon f imprifonment of a member, a member of that body, wher the iudges hke wife being confulted, {after fad communicacon, & mature 31 H. 6. delibera con had, as 'twas voucht from the words of the rot. pa' no. authoritie) anfweared that it belonged not to them to determine Page 18. of thofe high I priviledges ; for w'*" they affignd two reafons drawne from y* power & cuftome of that CounfeU, that it had not heen vfd afore tyme, and that the Senate was a Court foe high, & mightie in its nature, that it could make law, and, that w''' was law, it could make to be none, where both in the affirmative, & negative, it is cleer, for the inducement of our Socrates, that what concernes either the priviledge, or bufineffe of y' Senate (and in the bufinefse the greateft priviledge is imported) muft haue decifion in that place, & in no other ; in none that is inferior, his next ground, and reafon, was drawne from the lawes and ftatutes of this Country, thofe ould rules by w'^'' Athens has been happie in a long continuance of profperitie (& long may it foe continue euen to the envie of hir enemyes, the admiracon of hir frendes) thofe lawes, thofe inftruments of Page 19. felicitie/ are the next ground of that silence in our Socrates, wherein he finds not only reafon to excufe him, but authoritie commanding him, not to attempt the contrary, vpon the perill of his iudgment. & what might follow the violacon of his duty, and what greater danger vnto Socrates, then the hafard of his faith, that publicke faith, and fideUtie he ought to his Country, to the Senate, to the lawes, to y"^ moft sacred lawes, and liberties 6 Athenians \ what greater danger vnto Socrates then a violacon of this APOLOGIE FOR SOCRATES. 13 duty ? what greater obligation then his confcience? both w'^'' were necefsitated in this one aft of Socrates, that to fecure himfelfe in either, his silence was enforct, both for the obligacon, and the danger. The lawes w*^*" he infifted on were two (& thefe likewife y" may see recorded in y' Rhetra) the firft concludinge in termes pofitive, & definit, that noe member of the Senate I ought to be queflon' d for any Page 20. bill, speakinge, reafonlnge, or declaring in that place, w*^"" is ''" ' ' a cleer illuftracon of the right, a cleer demonftration of the priviledg, that, what ther was in agitation, was not queftionable elfwher ; and therefore Socrates in his duty to that priviledge, in obfervance of that right, could not before his Judges, make anfweare to the fact, w'^'' he was charg'd foe to haue done in Senate, leaft he admitt their iurifdiccon, contrary to that law. the second is more bindeinge, and seemes to have been p' pared as a proper remedie for this sore, this wound w'"" Socrates did suftaine : & therein the p' vifion is not only, for the securitie of Socrates from abroad, that he be not elfewher queftioned for matters done in Senate ; but likewife, from w"'in, that noe infor- macon Ue againft him, noe inteUigence doe pafse, vppon the secretts of his iudgmentes, & what overtures/ he makes in Page 21. the afsembly of that Councell for the -publicke service, and advantage : that ther be noe difcovery made vpon him. and this, as it bindes vp others, not to difcover Socrates ; foe it ingages Socrates, both for himfelfe, & others, not to difcouer them, for it recites, that wher some ta 2 H. 4 rot. advance themfelves had given Intelligence of certaine matters ^^ "°' "' mov'd in Senat, before they were ther accorded, & foe 14 APOLOGIE FOR SOCRATES. cauf'd a p'ticular dif Ike againfl their fellowes, £5f a generall p'iudice to the publicke p'' ceedings of that CounfeU. therefore it enacts to p'vent that evill in future, that none fhuld soe Inform, iff that noe faith or creditt should he given them if they did. wherein (as the iuftice of Melitus is apparant that receav'd the informacon againft Socrates, and the integritie of Lyco y' informed/ Page 22. him, and the office of Anytus that accufed him) the dutie likewife of Socrates is expreft, that he might not make difcovery of thofe pafsages, that he might not open what had been in agitacon in the Senat, and therefore could not anfwear, when his anfwear muft implie the intelligenc of thofe fecretts. ther was yett farther, another ground of Socrates, befides thefe lawes, refolucons, claimes, and concefsions of all tymes (wherein the right is evident) w^*" alfo proves the vfe, the pofsefsion of that right ; & that is a iudgment in the pointe, where y^ contrary had been aftuat, wher an attempt was made in p''iudice of this priviledge, the sup- 20 R. z. port of y° liberties [of] the Senate. The cafe was this, a private p'fon of this Cittie, for exhibiting a biU in Senat w* pointed at the limit, & reformacon of some great ones. Page 23. had afterwardes/ by the Judges a fentence lafee malejlatis given againft him, but the Senat, in their next meetinge, findeinge this sentence grounded vpon what had its motion in that fphear, and that the partie had been queftion'd w"'out them ; they thervpon, (w**'out entring into the meritts of the caufe, w'^'out confideracon ofthe faft whither it had such guilt, but fimplie) for their priviledg pro APOLOGIE FOR SOCRATES. 15 intereffe suo, as the Rhetra has it, for the p''fervacon of their i H. 4. rot. hberties, to maintaine that antient right, that in such cafes ^^' "°' '°''" none were quef ionable but by them, £ff in y' this vs done w"'out them, that it was made the iurifdiccon of another, vpon this error that sentence w^as reverfd, & a iudgment made to fruftrat and annihil it, in confirmacon of the priviledg of Senate, and this in a cafe of treafon, & for one that was not a member/ of that CounfeU, how much more Page 24. then is that immunitie extendinge, that priviledg belonginge vnto Socrates, and in a cafe more qualified, wherein lefse danger is p''tended ? Socrates on this conceaved himfelf difcharg'd in pointe of right, & equitie ; naie he conceav'd that right, to haue a ftrickt obUgacon on his confcience, y' from him ther fhould come nothinge w^*" might p''iudice it : & this was an interdiccon to his anfwear, a fuper- fedeas to that aft, and therefore Socrates made his Cataf trophe in filence, & w"" thefe reafons that silence was induft. in w*^*" whither Socrates were guiltie; guiltie of thofe crimes w* are obiected to him ; guiltie of any ; guiltie of aU; whether that whole ftreame of malidicon fall worthily on his memorie, now that Socrates is dead,/ or any drop might iuftlie light vpon him ; or the innocence. Page 25. & Integritie of our Socrates, on the Contrerry, should yett be free from all, is now the queftion of this daie, the obieft of y' intentions, the subieft of my endeav" wherein (moft excellent Athenians) as you will grant y'' attentions vnto me, I muft againe peticon y"^ retentions for dead Socr[ates] : that y'' love, and affeftion to his virtues, may cover the imperfeftions of his servant : he that now labours i6 APOLOGIE FOR SOCRATES. againft foe many difficulties, both of perfons, and the tyme, & the deceipts, & fallacies of either, yett to render truly y'' Socrates to y", y" vnto y'' Socrates, to this end, I fhall now applie my felfe, to the p'ticulars charg'd againft him, w"" his defence in each p'ticular ; each p'ticular crime fhall have p'ticular anfwears, & aU I hope their fatiffaccon in Page 26. the generall, that none/ shaU be left doubtfuU vpon Socrates, noe fpot vnwasht that may be an afperfion to his beautie ; noe color vnremovd that may ftaine his reputacon ; but that his name, Uke his virtue fhaU be cleer ; cleer from all ftaines, aU afperfions, & all ieoloufies : cleer in y"' iudgment (6 Athenians) : cleer in the iudgment & opinions of all good men. ffor the firft that Socrates not anfwearinge, made a defeftion from the law, in not conforming to the pp'ceffe, w"^'' is a rule propof 'd to aU men, and not to be declined, I might firft fay ther was noe fuch thinge in faft, and therefore noe deliftion in that pointe ; and this truth were moft aparant. ffor noe pp'cess does require the exact p'formance of a thinge. that might impofe an impofsi- biUtie on the p'tie ; as the payment of a fumm to him Page 27. that has it not ; the fatiffaftion of a mul[c]t/ layd by the wifedome of some Judges beyond the p'portion of the fortune from whence it should be ifsuirige, and the Uke ; w'^'" were an abfurditie in reafon ; & therefore noe lawe commaunds impofsibiUties : but a double way is beft for the fulfiUinge of that rule ; the authoritie of the p'cefse ftandes in a dilemma ; either this muft be done, or that ; either the thinge commanded, as the payment of the debt, the fatiffaccon of the mulft, & the Uke ; or a submifsion of APOLOGIE FOR SOCRATES. 17 the partie, a rendringe of y' perfon to the difcreation of the law, either of w"^'' is a fuU anfwear to the p'cefse, and soe Socrates by his sufferance, & imprifonment made a expiation of that guUt & is free from that defeccon. But this reafon I intend not to infift on, as to[o] Ught an argument for Socr[ates] to[o] narrow for his caufe, w* muft have the fuU comp''henfion of all law. & not reft/ on Page 28, part nor be fupported by the formes, to become worthy of his innocence. Socrates has iuftice it selfe to warrant him, in his silence and retention : the generaU authoritie of the law, to anfwear the p'ticular procefse made againft him as the Common right of Athens, y^ Uberties 6 Athenians, the p' vifions of y'' flathers, the p'mulgations of y'' elders, all declaringe, all confirringe, all approveing that antient priviledge of Senate, w'^" Senat does entertaine the well- fare of this nacon ; & that priviledg the Senat, By this priviledg, w'^'' is prov'd in the firft arguments of our Socrates, noe other Court has iurifdiccon in the bufinefse - of that place, noe other Judg has cognifance of fuch caufes; if ther an offence be done {vf^ what credulitie can thinke an offence fhould ther be perpetrat wher aU errors are reformed ?) if Socrates fhould offend in the agitacons/ of that CounfeU (and whoe cann once beleeve Page 29. that Soc[rates] was offendinge .' who cann imagine his counfeUs should be faulty who had noe action, no inten tion not moft regular ?) if both Socrates and that CounceU fhould be feulty, faulty in high degree, feulty in any mea fure, yett noe other Judg may queftion them ; noe other Court has authoritie to iudg them : they are exempt by the D i8 APOLOGIE FOR SOCRATES. p''viledg of Senate, that sacred relique of antiquitie, y' pal ladium of this Cittie ; what offences are ther done, muft ther likewife be complaind of; &, if they doe deferve it, 27. H. 6. they muft ther likewife be correfted. ther, & noe wher 31. H. 6. elfe, fay thofe refolucons of ould tyme w*^"" formerly were II. R. 2. no'sd : ther, & not by them, as thofe iudges did confefse it. Page 30. not in inferiour Courts, as thofe antient declaracons/ did expreffe it. But in the Senate muft thofe accons of the Senat be determined, in that CounfeU w^*" onely cann have knowledg of thofe fecretes, whofe franchife & immunitie it is, (confeft by aU prioritie, & in aU former practifes exhi bited) to be the only Judg vpon it selfe, & the reason is evident in this cafe, for ther is noe Court superiour to the Senate, naie ther is none that's equaU ; none not inferior vnto that ; & it is an axiome in the law, par in parem non habet poteflatem; & if not an equall on an equall, much lefse an inferior cann have that power on his fup'ior, w'"" is contrary to aU laws, the lawes of man, the lawes of God, the lawes of nature : ffor (as the lawes of man have laid that ground & principle) the lawes of God confirme it, w'"" ftil! command obedience to fup'iors, honor to elders ; &/ P^g= 31. the fenate to aU other Courtes, (w'='' noe man wiU denie) is both higher, & 'elder as the spring, & fountaine whence their originaUs are deduftit. to w"^*- the lawes ofnature correfpond, as wee have it in the qualitie of a Child, w'^" admitts noe power, or iurifdiccon on the ffather. There fore noe other Court cann have y' influence on the Senate, nor Jurifdiccon on that priviledg, or on Socrates, as a Senator ; but all law, aU libertie, all right ; aU pTident, and APOLOGIE FOR SOCRATES. example, aU concefsion, and acknowledgment ; of all per fons, in aU tymes, give them a free exemption, naie, by that right, impofe a necefsitie on Socrates, not to fubmitt his caufe, w"''' were to fubmitt that right ; & soe to make Socrates, by the counterchange of action, turne his inno cence into guilt ; & wher he nowe ftandes innocent, to become guiltie of this crime w'^'' his traducers have obiefted. wher then/ is that defeftion from the lawe, y' great crime Page 32. in Socrates t is it to have been conftant to that principle, not to decUne that rule ? does it implie a difobedience to the former, that the matter, & fubftance is reteyn'd ? is the p'ceffe neglefted, wher the law it felf is foUowed, when an exaft obfervance is p'form'd ? cann the lefser chaUenge duty, & obedience contrary to the service and attendance w""" is commanded by the greater ? heer the greater did command Socrates not to anfwear, not to make fubmifsion ofhis caufe, the caufe & intereft ofthe Senat, y'' intereft 6 Athenians, the right and title of y"' fathers & not the caufe of Socrates, but as he was a member of y' body ; the greater I say did command him not to anfwear, not to make fubmifsion of his caufe, to the lefse, to the inferior authoritie of the Judges, & soe not to obey their p'cesse. Therefore/ in this he made noe defeftion from the law, nor Page 33. is faultie, & guiltie of that crime, in w'^'' he ftands fufpefted. ffor the fecond offence w'^'' is suppofed againft our Socrates, the contempt of Juftice, in not submittinge to authoritie wher a iudgmen' & sentence did require it ; wher ther was a definition in the pointe, a refolucon given by the iudges of the lawes, that Socrates ought to anfwear ; ther to be APOLOGIE FOR SOCRATES. silent, as tis said, makes Socrates to be refractary, renders him stubborne, & contemptuous againft the formes of Juftice, & this is vrged as a crime of higher nature, an offenc that's more tranfcendent (as a iudgm' is held greater then a p'cess) and foe Socrates more faultie. to w* though the fame anfwear might be made that was given vnto the Page 34, other ; & the defence were/ p'fect, and compleat in the same arguments, & reafons, yett we wiU deale more p' ticu larly heerein to worke y' cleerer fatiffaccon, to vindicate the honor of our Socrates, to repell the whole fury of his enemyes, to leave noe color for their slanders, noe p''iudice on his innocence, ffor this therefore wee will firft, re move the fuppoficon they haue made, that a iudgment is greater then a p'ceffe, & then their aggravation falls to ground : then we will shew that in not anfwearinge to that iudgm' ther was noe contempt of Juftice, y' Socrates was not refraftary to Juftice in not conforminge to thofe iudges ; and for this wee will fetch our argumentes, partly from the caufe, partly from the confideracon of the p'fons, w'^'' wiU prove that Socrates was not faultie. ffor the sup- Page 35. poficon, that a iudgment is greater/ then a procefse ; that the denunciation of a Court is of more authoritie then the writt, take but^ this difference, this short diftinftion to refute it. the procefse is the authenticke aft ot'h lav/ ; the iudgment but the word, & sentence of a man. the writ is as the letter it self of Juftice, the denunciation ofa Court but the opinion of the iudges: whether then is greater, the authoritie of the law, or the word, & sentence of a man ? the opinion of a iudge, or y° letter it self of APOLOGIE FOR SOCRATES. iuftice .' lett any man determine it, let the decifion be by them ; by thofe enemyes of Socrates, vpon thofe groundes lett Socrates be iudg'd : nor appeale shall goe noe fiirther in this cafe, then to their confciences. lett them now speake whether their aggravation be weU laid, iudgments maie err, men may be deceav'd & many faUacies are inci dent to/ opinion : but the law, & Juftice are ftiU certaine. Page 36. ther is noe variacon in their rules ; therefore the sentence of the iudges cannot be more valid then the authoritie of the law. But to leav this and to anfwear the contempt, to shew that Socrates was not refractarie vnto Juftice, in not conforminge to y* opinion ofthe iudges; lett vs firft weigh the caufe, how in the p''fent right it bound him, & then the confequence, what operacon, what effeftes it might in duce ; weigh it as the publicke caufe of Athens, not the privat intereft of Socrates, as the right, & title ofthe Senat, not only as the queftion of our Socrates. & then it will appeer what contempt he has committed, & how ferr Socrates is feultie. the caufe y" know was the priviledge of the Senat. to the maintenance of y' priviledg,/ befides Page 37. the Coinon tye of aU men, Socrates had a prop[er] obU gacon, both for the truft coinitted to him, & his p'ticular duty to that place, if then Socrates by conforminge to the iudges should have done any thing in p''iudice of that pri viledg, it muft have been a violacon of the generaU, & p'ticular obligacon w"^*" he had, & 'soe a forfeit of his duty. now that the conforming to the iudges, had been a p''iudice of that priviledg, as tis apparant in the refolucons, is moft z. H. 4. pregnant in the Statutes, that were cited, wherein ther's 4. H, 8. APOLOGIE FOR SOCRATES. not only a declaracon of the right, but an iniunftion laid on Soc[rates] that he shall not difcover the pafsages of y' Senat ; & then he cannot anfwear to the queftion of thofe things when the anfwear muft difcouer them, this for the/ Page 38. right, & the duty of our Socrates, the difcharge of w* admitts of noe contempt, for good & evill have noe com petition ; the confequence yett is of farr greater obfervacon ; more prefsing in the pointe, more bindeing vpon Socrates : for by granting this, Socrates muft grant aU ; bye sub mittinge the p''iviledge in this cafe, he for his part muft submitt it in all others ; all bufinesse of the Senat he muft yeeld to the iurifdiccon of the iu[d]ges if he admitt their authoritie, vpon this : all fecretts of that CounfeU w"^*" shalbe treafurd in his breaft, muft he open, if they haue this power, & influence on his person ; for the queftion only gives in teUigence of the faft, & before examinacon ther can be noe diftinccon made of the differenc of caufes ; all fecretts and not fecretts are the fame before they are truly knowen, & ther is noe knowledg but by triaU, w'^'' triaU makes an open- Page 39. inge and difcovery./ & thus all the secretts of the Senat w*^*" were involved on Socrates muft be fubiect to the Judges; the moft intimate counfeUs of that conclave obnoxious to their cenfure. they w*^ the leaft p'"tenfe might queftion them ; not takeing knowledge of their na ture ; & by that queftion Socrates muft difcover them ; for what he had once admitted he could not afterwards retraft, w"" what effect might follow it, what operacon it would have, what danger to our Socrates, what danger to the Senat, what danger to this State, I referr it to your APOLOGIE FOR SOCRATES. 23 wifedome 6 Athenians, when yr whole felicity & happi- nefse has dependance on that CounfeU as the honor of our Socrates on integrite ! can it be thought therefore a contempt in Socrates againft Juftice to have infifted on this priviledg ? can it be thought a guilt not to fubmitt this right ? cann Socrates be faultie, to haue p'"ferv'd his duty to the Senat, his duty to his Country, the negleft whereof did threaten soe/ much danger vnto either ? if this Page 40. be a contempt, lett aU men then be guilty ; to p''ferve the publicke right, to fupport the common fafetie, lett aU men, foe, be guiltie of contempt, but further if ther had not been this necefsitie of priviledg; if nothing but y° im portance, as 'twas the caufe ot'h Senat, had been obvious vnto Socrates, could Socrates w"" the fafety of his iudgm* have fubmitted it to Melitus, he who had said, who had said publickly to Socrates, by way of overture in that Court, that the Senat had noe priviledg, that it had noe power of iudicature, that it only could make lawes, & had. noe proceedings but that way, noe power of execucon ^ could Socrates, w"" the fafety of his iudgment, have made fubmifsion of that right to him that soe litle vnderftood it ? Socrates/ could not fubmitt the caufe ot'h senate, to such Page 41. iudges, w''" were not fitt to have been iudges vpon Socrates. w"^"" reafon of y^ p'fons, if noe other were obiected, were in this caufe sufficient to excufe him, & to acquitt Socrates of that guilt. To defcend then to the next, the next offence of Socrates, w*^*" is fuggefted in his charge, that Socrates in not anfwearinge did defert the p'teccon of his innocence & expof 'd himfelf to fcandaU, by y' filence, & retention ; 2+ APOLOGIE FOR SOCRATES. litle on this will serve to avoid y° accufaccon, ffor firft in generall his innocence is confeft ; & what more is needfull for the iuftification of o"" Socrates ? what guilt cann be fufpected wher his innocence is acknowledg'd ? if he be innocent, how cann he then be faultie ? if faultie how cann he then be innocent? the truth in this was to[o] fubtUe for his adverfaries, even through their mallice saUy- ing to defend him ; what they intended for a charge, muft Page 42. be an ap[o]logie for Socrates,/ what they obiected as a crime, muft be a pointe of meritt. 6 truth, great is the wonder of thy virtue, even aboue aU things thou art flrong; becaufe Socra[tes] did foUow thee, thou wilt follow Socrates: becaufe he was thy fervant, thou haft foe commanded it, that his enemies fhould ferve him ; & this falls in the generaU confefsion of his innocence ; but in p'ticular in this aft of Socrates, or rather this negleft w*^** is p^^tended in his caufe, that Socrates not anfwearing made a defertion of his inno cence, confider firft what that innocence imports, & then meafure it by the fact : y" fhall ther finde, not an innocence deferted, but moft religioufly maintained : Socrates suffer ing for his innocence, not doeing any lying to impeach it, Socrates in his blood writting thefe Characters for pofteritie, not expofmg his vertue vnto fcandall. This y" fhall fee if y" confider but that principle, what that innocence importes. Page 43. and then/ applie it to the fact, therein you shall finde that Socrates is not guiltie. Innocence is not the opinion of the many, the reputacon of one aft, the freedome from some guilt, but a generall virtue and integretie, a fpotlefse feult- lefse courfe, in the faithfull execution of all duties, the dif- APOLOGIE FOR SOCRATES. 25 charge, and p'formance of all ofiices, in w'^'' the greater ftill muft be preferrd before the lefse. now in this duty of o"" Socrates wher the publicke intereft was in queftion, noe peculiar, noe private faculties of his owne, might be brought in competition, if the reputacon of o'' Socrates had depended on that act. wher the pubUcke right ot'h Senat was in counterpoife, the fcales muft not be turn'd to the honor of o"' Socrates againft y" publicke & greater interefts, of the Senat ; nor could it be a preiudice to his virtue to move, in ordine, to the pubUcke. Socrates was bound to prefer that greater right, his virtue did/ oblidge him to the obfervance Page 44, of y' duty, it was the innocence of Socrates not to decUne this office ; not to decline the pubUcke good, for the advan tage of his private ; this will iuftifie o'' Socrates if it be truly weighed againft the ftrength of aU oppofers. But p'chance it wilbe faid, all men are not capable of this ; aU men have not the apprehenfion of this duty ; but all men know the informacon that was made, the ftrange crimination againft Socrates ; & Socrates in their iudgment makes himself guilty of them aU, by refufing of his anfweare, & soe deferts his innocence. To this I muft reply that though all this were true, yett it were noe reafon for the condemnacon of o"' Socrates, for if aU men should soe thinke, that Socrates were not innocent, yet it must not move his virtue, rather to feem, then be : it muft not be a fatiffaccon vnto Socrates, that men doe thinke him innocent, Socr[ates] muft be soe,/ what ever men doe thinke him. heaven and his confciens Page 45. muft give teftimonie for Socrates, thofe two muft iuftifie £ 26 APOLOGIE FOR SOCRATES. his innocence, though all the world condemne it. But heer is noe such thing in fact that Socrates is soe doubted, Socrates is not obnoxious to that danger in the true ftate ot'h caufe; for as all men know how Socrates was charged, aU men knew the reafon why Socrates did not anfwear; that "it was for fear ot'h publicke priviledg & preiudice, not in ieloufie of himfelfe : that Socrates expofd his fortune, and his p'fon to p'ferve the right ot'h Senat ; that Socrates prized his fafety, not as the liberties of Athens ; that his life was not soe tender as his innocence : therefore that reason will not maintaine the charge, w*^** moft vniuftly is foe laid, to accufe him as forfakinge what by aU ftuddie, & indeavour ; by expofing of his fortune, by expofeing of his p'fon, by his Uberty, by his life, he laboured to preferve./ Page 46. could ther be greater innocence then heerin Socrates did expreffe ? cann ther be such an argument for Socrates as this innocence of his ? they were enough to anfwear aU accufers, all crimes, aU charges, aU obiections : herein Socrates might ftop the mouth of aU detraction, & give fuU fatiffaccon of his innocence ; an innocence, for the admiracon of aU others, the imitation of the Athenians : Socrates may yett glorie in the act, & triumph on his enemyes : he hath by this one virtue, by this fole innocence overcome them. But yett they doe impute another crime to Socrates & fayUnge in the reft they would make him traitor to y' Uberties, to y" 6 Athenians, they would make Socrates an enemy, in y"" right & priviledg they would render him a traitor, what he was moft affective to conferve that they would make him moft effective to APOLOGIE FOR SOCRATES. 27 deftroy. in not confenting to the iurifdiccon ofthe iudges, they doe fuppofe him guiltie of enlarging/ their authoritie ; Page 47. by denying it in one thinge to give it them in aU ; to force them to afsume it in the p'ticular of his caufe, & by that afsumption to creat a p''fedent for the generaU. this charge is many waies unproved, & by varietie of inftru ment. thofe that are his enemies delate it to divide him from y' fevours : thofe that were his iudges vfe it in exten- uacon of their sentence ; his accusers, his informers, & a generacon worfe then thefe, his feeminge frendes, & fociats, who p''tend nothing but zeale, in the publicke caufe, & intereft, but intend only their privat avarice and corruptions ; thefe all, but, moft of all, thefe laft, diffufe this fcandaU againft Socrates, & to cover their envie vnto him vfe the ptext & color of affeftion to y^ fervice. to thefe fome thing muft be faid in apologie for Socrates, fomethinge to p''ferve him from y'' priudice & diflike; not that their reafons doe deferve it, that it is vrg'd by the weight & prefsure/ of their charge, but that his virtue does Page 48. require it, that ther be noe place lefte to Scandali, that ther be noe refidenc for detraccon vpon the accons of o^ Socrates : that, as his perfon, his fame likewife may be innocent, ffirft therefore to fhew that the iudges were not vro-'d to afsume that iurifdiccon vpon Socrates, biit that their act was voluntarie, & not necefsitated & enforc't, wee muft a litle recapitulat the order of that caufe. Socrates being charg'd for matter done in Senate pleades the priviledg of that CounfeU, & therefore proves his caufe not fubiect to their cognifance. The Judges make 28 APOLOGIE FOR SOCRATES. a refolucon againft this, & determine vpon Socrates, that their is noe fuch right it'h Senat, noe such priviledg for him. soe as in this they made a decifsion of that queftion & conclufion of that right, w"'out the help of Socrates, naie contrary to his labour, & afsum'd that iurifdiccon to themfelves : soe that what followes was but the confequent/ Page 49. of this ; the iudgment given on Socrates, but an effect of that preiudice to the Senat. the priviledg being denied in their firft act, that afsumption was their owne ; for the next was meerly the fingle cause of Socrates, wherein the feet only was confiderable, the right wholy beinge de termined in the former; and therein Socrates was not guiltie of necefsitating their iudgment, but that p''iudice was meerly of themfelves, a voluntary afsumption in that cafe, an effected entrance & invafion of the priviledg of the Senat. But if it had been otherwife, that Socr[ates] enforct them by fome necefsitie to this act (w**" who cann thinke that Socrates would doe, whofe doeing & fufferring had soe contrary an intention by his pleading ?) at the firft indeavoring to p''vent it ; by his not pleading at the laft giveing a newe occafion, (for whereas by anfwearing he had reduc't their iudgment to the matter, wherein ftiU the Page 50. priviledg was involv'd,/ by not anfwearing he brought it to his p'fon, soe as therein it was only a iudgm' vpon Socrates w'^'' otherwife would have been a new conclufion vpon the priviledg) & therefore who cann thinke that Socrates, both doeing and suffering to that end, should soe enforce them to the p'"iudice of this priviledg ? But if it had been soe, APOLOGIE FOR SOCRATES. 29 if by suppoficon we admitt it, does that p'ticular conclude generally for all others ? will that inftance againft Socrates creat a p'fect right it'h Judges ? examples are noe rules ; noe errors their examples, but what becomes a p''fident muft have both vfe, & right ; right, for the foundacon, & originaU ; & vfe to fhew the fup'fb-uccon & contynuance non firmatur tractu temporis, fay their ould lawiers, quod de lure ab initio non fuhftflt, & as the new, all right has being y fubfjlenc by vfe and acceptacon, therefore though Socrates had enforc't that accon on the iudges, that act would not conclude their iurifdiccon on aU others, nor could Socrates therein be/ guiltie of that crime of betrayinge Page 51. of y"" liberties, nor w'^out impietie may be thought, as was suggefted in the charge, a traitor to himfelfe, a traitor to the Senat, a traitor to his Country, y" have heard how much he did to p''ferve the publicke intereftes ; y° know how much he suffered to p'"ferve his innocence therein ; fhould I enumerat his pafsions I should renewe y^ greifes ; inftead of cureinge Socrates, I should wound yu 6 Athenians I should peirce the soule of y"' affections w"" the memory of y"' Socrates, the memorie of his virtues, the memorie of his meritt, his pietie and integritie to y", his fenceritie & fidelitie to the Senat, his love and charitie to aU; in all beyond aU meafure of comparifon, vnmatcht, vnparalel'd, vnexampled; to renew the memorie of thefe virtues I should renew the affection of y' lofses & turne this apologie for Socrates into a Common Elege of the Athenians. I wiU not therefore/ by the comm[em]eracon ofhis virtues Page 52. caufe the renovacon of y"" greifes, and as I pafse his merits. 30 APOLOGIE FOR SOCRATES. soe I will doe his sufferings, I will not enumerat his pafsions to teU y" what he suffered ; what he suffer 'd in his ffortune, what he suffered in his perfon, in his Uberty, in his Ufe : to be made poore & naked; to be imprifoned and re- ftrain'd ; nay not to be at all ; not to hav[e] the proper vfe of any thinge, not to have knowledg of Societie ; not to have beinge & exiftence : his faculties confifcat ; his frendes debarr'd his prefence ; himfelfe deprived the world : I wiU not tell y" of all this suffer'd by yr Socrates ; aU this sufferd for yr service, for you moft exceUent Athenians, for y"' Children, yr pofteritie, to p''ferve y"' rights and liberties ; that as they were the inheritanc[e] of y"" fathers, from y" likewife, they may againe devolve to them, I will not revive this memorie of his pafsions for your service, leaft Page 53. in them, I should revive y' memory/ of yo' lofses, y' lofses in yr Socrates, for whom y' iuftice, not yr sorrow now I craue, to p'tect him from his enemyes, to p'tect him in his innocence, that vnmatcht innocence of Socrates againft their fcandalls, and detractions, to determine vpon the accu fations y" have heard, whether Socrates be guiltie, guiltie as is suggefted, of defeccon from the law, contempt of authoritie, & iustice, defertion of his owne innocence, betraying of yr* Uberties, in aU w*^*" as Socr[ates] was charg'd, for Socrates we have anfweared, what I hope will satiffie yo"" wifedomes, that Socrates was not feulty, for whom I crave y' iudgments, as y' pardon for my selfe. *»* A blank leaf follows. On i;fr/o in Eliot's writing is ' Defence for Socrates.' — G. II. NEGOTIUM POSTERORUM OR SIR JOHN ELIOT'S MEMORIALS OF THE PROCEEDINGS IN THE HOUSE OF COMMONS DURING THE FIRST PARLIAMENT AT LONDON AND OXFORD OF CHARLES I". ETC. ETC. ETC. NOTE. See our Introduftion for a defcription of the holograph MS. of the prefent remarkable work of Sir John Eliot j than which few more hiftorically valuable have been preferyed. In an Appendix other Eliot MSS. at Port Eliot have been for the firft time utilized, to fupplement and illuftrate.— G. NEGOTIUM POSTERORUM. TRANGERS have obferved the felicities of Page i. England by hir Parliam'^ that & the con trary, is apparant in the examples of hir kings; of whom [thofe] whofe actions had concurrence w*^ that Councell, were alwaies happie & succesfuU; thofe that conteited or neglected it, unpros perous & vnfortunat. of the firft forte in the old times, were thofe victorious & brave princes E[dward] i. E[dward] 3. H[enry] 5., tliat soe farr extended the honor of their nation in the admiration of all others, as even the name of Englifhmen could doe wonders of it felf, taking & giving kingdomes as the fubjects of their wills, of the latter, were thofe characters of misfortune E[dward] z, R[ichard] 2. H[enry] 6,, whofe raignes were all inglorious & diftracted [&] fatall [in] their Ends, but above all, for a demonftration in this pointe, is that inftance before thefe, of H[enry] 3 ; who in his younger times/ affecting the Page 2. fals reafons of his favorits, in opposition of the pari in volved his crowne & Kingdome in fuch miferie & dif- F 34 NEGOTIUM POSTERORUM. honors, as few times els can paralell. princes have feldome fufferd; but vpon the apprehenfion of thofe errors, & retracting of that courfe in his reconciliation & coniunction w*" that great counfell of his people (thofe flies of Court reiected) he againe recoverd the loft honor vnto both, reftord their antient happinefs, livd & enioyed it in a fweet calmenefs & tranquilitie, & dying left it as an inheritance to his fonne, who on that ground directed the fuper- ftructure of his greatnefs. H[enry] 4. E[dward] 4. H[enry] 7. who raifd their ffortunes by the faUs of thofe before them, made their errors their inftructions, & by complying w"" the pari, what they had gott w"* hafard, Pages. w*" fecuritie they retaynd./ H[enry] 8. though otherwife rough & violent, did nothing in preiudice of that Court, or if it were attempted in fome perticular by his minifters, (as the moft righteous times are not without obliquities) it was foone retracted by himfelfe, who maintained his confidence w"" his people ; & he was not without reputa tion wr*" his neighbours, nor this nation in difhonor vnder him. that hopefull prince his sonne E[dward] 6. in the fhort time he livd, having the fame affiance, lessened not in the expectation of the world, but that glorious ftarr, his sifter, of moft 'ever-famous memorie Q,[ueen] El[isabeth] (for thother is not obfervable on this part either for hir cunceUes or successes, hir marriage & aUiance leading con trary), that princess who was glorious above all, — all that went before her, — in whom all their vertues & foe their honors were contracted, (for the sweetness & pietie of hir brother ; the magnanimitie of hir ffather ; the NEGOTIUM POSTERORUM. 35 wifdome of hir grandfather ; the ffortune &/ valor of the Page 4. reft, were all compleat in hir, whom Mars & Apollo did present for a wonder to the world) ; this excellent Minerva was the daughter of that Metis, that great CounceU ofthe pari. was the nurse of all hir actions; &[fuch an Emu lation was of Love between that Senat & this Q_[ueen], as it is questionable whether had more affection, the pari, in obfervance vnto hir, or she in indulgence to the parL/ what were the effects of this hir ftories do delineat : peace & prosperitie at home, honor & reputation abroad ; a love & obfervation in hir friends, confternation in hir enemyes, admiration even in all ; the Ambitious pride of Spaine broken by hir powers ; the diftracted ffrench revnited by hir artes ; the diftreft HoUanders supported by hir succors ; the seditious Sc[otch] reduc'd to the obedience of their prince ; aU violence & iniurie repeld ; all vsurpation &/ oppression counter-wrought ; the weake assisted ; the Page 5. necessitous releivd ; men & monie into divers parts sent out, as if England had beene the magazine of them aU, & she the Queftor that had the dispenfation of these treafures ; or rather the Pretor & Judge of all their controverfies, who w"" this magnificence abroad did not impaire at home, butLbeing good to all, was moft iuft & pious to hir fub- iects ; who by a free possession of their liberties, increafed in wealth & plentie, & not w^'standing that infinite of expence for support of all thofe charges, the riches of hir checker did improve. this fhewes the importance of the parP & the happinefs ofthe State ; & how aU the Engl[ifli] Kings have beene 36 NEGOTIUM POSTERORUM. fortunat by that Councell, none without it. therfore in the description of the pari, wilbe beft seene the state & Page 6. condition of the Kingdome : in that wilbe emergent/ the difeafes w"*" it suffers; sometimes propounded in their fervor or extremitie for a present cure & help ; sometimes in the incUnation & beginning, before they are come to heigth for the prevention of the danger ; sometimes by way of prophecie discovered as they are but in Embrione & conception ; both their originaUs & degrees come often, ther mob agitation & debate, alwaies their acts & confe quences, & now & then their reafons. I speak thus of their reafons becaufe it is not alwaies that the true caufe is feene. the fame effect may flow from divers principles & intentions, often w'' ftates & men aliud pretenditur, aliud in mente eji ; ther are as the civilians have obfervd caufcp fuaforla, caufes luffifices, & both concurring in great actions ; Page 7. for w'^Y dissimulation is defined to be polltla particula imago, & this makes thefe reafons more obfcure, w* yet in pari come sometimes to discussion ; wher thofe mifteries & secrets are vnlockt ; & as the dangers, soe the fafties are ther treated of, w*" all their incidents & concommitants, connexions, adiunctions, & dependancies ; what in religion, or abilitie has relation to the Kingdome, the knowledge of it moves in the agitations of the pari w'"" agitations therfore wilbe a good mirror of the times, ffor this, however inglorious it may feeme, I have dispofd my thoughts in the service of my Countrie, to compose the ftorie of that Councellyfrom. the end of Q^[ueen] El[isabeth]. what was the condition of the kingdome when hir government did NEGOTIUM POSTERORUM. 37 leave it, is well knowne to all men ; what it is now, this Labor will express,/ & somewhat of the reason, as it is in- P^ge X. finuated by the acts wilbe emergent in this worke, not els wher soe discernable, if either my penne or prospect doe not faile me. manie wiU thinke (& that perhaps not lightly) the scope of this too narrow, for a hiftorie ; but Wee that take it otherwife, defire their favor in our Cenfure, vntiU they againe confider it : Let them pervfe the passages, obferve the varietie of ther treaties, note ther resolutions & effects, read & digest them, & then infer the iudgment ; in w*^*" we are confident they will finde somewhat of delight, & the reft not much vnprofitable. / But before we imbarque in this storie of the- pari' it will not be vnnecessarie, in our waie to take some short survey of that bodie ; how it is composd [&] by what authoritie it subfifb : for noe little preiudice may be done it, in the opinion it receaves modo habendlf for the accession of hir Page 9. powers, what ever act & exercife it have had. if it be new by concession of late times, the times that change their reafons may have some color Ukewife to change the refolu tion of that grant : if the continuance have beene longer, & yet the grant appeers, (though it be much to impeach the prescription of a kingdome w'^'' for manie ages recites [pre cedents], one being admitted for the privat interestes of men) it may be some pretext that the favor of one prince should not conclude the generation of succefsors : but if the inftitution be more antient & without the introduction of such grant ; or that that grant of one be still confirmed by all, then aU are in the faith & obligation, & the authoritie 38 NEGOTIUM POSTERORUM. of that counfeU is much more, as it subfifts by right & hot by favor. Page lo. I know the vulgar & common tradition/ does refute that pari', had beginning w"" thofe charters w*^"" were made by H[enry] 3. & that he that granted thofe Uberties to the people gave being vnto pari', vpon w** foundation many arguments are laid to impaire the worth of either ; the weakness of that king, the greatness of his barons, the tumults of that time, w''*' made a necessitie of thofe grantes that were not taken, but extorted : but truth shall speake for both, how iniurious is this slander ; how much more antient & authentick their defcent. NEGOTIUM POSTERORUM. TOMUS SECUNDUS, LIBER PRIMUS. NEGOTIUM POSTERORUM. ^[ING] J[AMES] being dead & w*^ him the fearfuU securitie & degenerat vices of a long corrupted peace in hope & expectation laid aside, w"" the new K[ing] a new spirit of Ufe & comfort possest all men, as if the ould Genius of the kingdome, having w"" Endimion slept an age, were now awak't againe, moving in all the partes & members of the bodie, to the quickening & agitation of the whole, the blood w"^*" was the vehicle of this spirit, by divers veines was carried from the ffountaine of those hopes, the virtues of K[ing] C[harles], to that sea of Love & dutie in the harts & affections of the people, in some the consideration ofhis pietie, his religious practise & devotion, his choise & con ftant preservation of that iewell in the mids't of those pres tigious artes of Spaine, & his pubUck professions, being from thence returnd, did cause that ioye & hope : others were movd by the innate sweetnes of his nature, the calme habit & composition of his minde : his exact gover ment in the ceconomie, the order of his house, the rule of G Page I, NEGOTIUM POSTERORUM. his affaires, the disposition of his servantes, being Prince, Page 2. all in a great care, & providence, to the/ expression of his honor, & yet noe thrift neglected, of w"^"", besides the order & direftion, he was an example in himself: his pubUcke In dustrie, & studies to improve his knowledg in the State, & to advance that business, were an indication vnto others. his diligence & attendance at all CounceUs, forwardness in aU business w'''' might render satiffaction to the subiectes, as the much long'd for dissolution of those treaties, the vntying of those knotts, the cutting of those Gordian yokes in w** they were held by Spaine & the preparations thervpon for revenge of all their iniuries, & reparation of his frindes, w*^"" works were taken for a present of his virtue & a pro mise for the future of greater hopes to come : his exercise & recreations were not left [out] but some deduc'd their jeasons ev'n from them, both for his choife & temper ; & _all having in somethinges their perswasion, some in all thinges to whom the change alone seem'd fortunat, & this againe indeard by refleftion on the contraries ; when it was thought what infeUcities had beene sufferd, infeUciries abroad, infelicities at home, in the consumption of the honor, consumption of the treasures of the kingdome ; the martiall powers- neglefted, the reputation of their wisdome Page 3. in contempt,/ Mars & Apollo forsaking them in that inex tricable laborinth of those treaties, whereby religion was corrupted, iuftice perverted ; & all this through facilitie & confidence, or a toomuch Love of peace : the change w'^'' was now presumed in these, by the new change of persons wrought a new change of harts ; all mens affections were Cal NEGOTIUM POSTERORUM. 43 transferd from doubt & ielosie into hope, & all their fears & sorrows did resolve themselves to ioye. ffor confirma tion of all these, as that w'^'^ was to be the assurance of them all, & of all els that might import the happinefs of the kingdome, a ParUament was intimated, the Summons & formalities dispatch't, the obiections of the Commons being prepar'd w"" more then vsual diligenc, the emula tion for the service being greater : the members chosen forthw"" repair'd to London to make their attendance at the time ; noe man would be wanting : Love & ambition gave them wangs ; he that was firft seem'd happieft ; zeale & affeftion did so worke, as that circumstance was thought an advantage in the dutie. To heighten the celebration of this meeting, the Q_[ueen] was then expected/ out of Page 4. ffrance. The desposorio's being past & the Ambassadors w*"" their new mistris on their iorney, the roiall navie did attend hir transportation on the Seas, the K[ing] himself past downe to Canterburie to receave hir, wher the enterviewe & nuptialls being perform'd in a state answearable to their worths, they made their repaire to London, & in that firft coniunction begott both Love and admiration, this defer'd awhile the openinge ofthe ParUament, (but the feftivitie of the^time, was a compensation for that want,) w'*' by pro rogation was continued vntiU the eighteenth daie of June, all men in the meane time being fuU of ioy and comfort, when, as a Crowne to all, that Solemnitie was added. To the first ceremonies & entrance the D[uke] of Chevr'es & his Ladie were admitted, w"" the Ambassadors & others of the ffrench, who in honor & attendance of the 44 NEGOTIUM POSTERORUM. Q£ueen], had accompanied hir from ffrance. a place they had in the Lords house belowe the corner of the State, the Q_[ueen] being likewise present, all the Lords in their for malities & orders, & the Commons in great ioye & expec-/ Page S- tation, when the K[ing] applying his speech vnto the time, & both the time& thatvnto himself, thus gives a short charac ter of either, & in that renders the occasion of the assembly. My Lords & gentlemen, my naturall disabiUtie to speake houlds good correspondence w"" this time w** being designd for action, discourses will not fit it ; nor is it needfull in the business ofthis meetinge that my exhortations should be long, it being begunne before, in my ffathers daies, when both I & you were severalUe ingag'd, I as y"' intercessor vnto him, y" by y"" advise & declaration for the worke ; it would be now a dis honor to vs both not to give it perfection by our help & such supplie of necessaries as the importance does require. I speake not this in diffidence of y^ readi ness, but as an expresion of my sence vpon the pubUck interest. I know y'' Zeale & affection to religion, & that matchless fidelitie to y"' K[ing] w"^*" is the antient honor of this nation, for my part I seeke Page 6. nothing/ for my self but in the common happinefs, for w"^"" I shalbe as readie to dispose my privat faculties, as I doubt not of y"" wiUingness to ayd me ; by w* con currence both power & reputation wilbe gainde, & a presage & prediction to our hopes. both the sence & shortness of this expression were weU Likt, as meeting w"" the inclination of the time, w* wearied NEGOTIUM POSTERORUM. 45 w'*" the long orations of K[ing] J [ames] that did inherit but the winde, was much mov'd at this brevitie & plainness, more like to truth then art, that it drew a great applause to foUow it, answearable to the opinion w"^** it wrought, that w"" the manners of their Ancestors, they should resume their ffortunes, & in this turne & revolution, meet the ould world againe. Some time being given, vpon the conclu sion of this speech, as the State & admiration did require, the Bp of Lincolne then Lo. Keeper, taking his direftions from the K[ing] thus seconds him, in more words, but as a paraphrase onUe on that text. My Lords & gentlemen, y" have heard his Ma''" speech, of w^'' I may say, as ofthe like it was, that ther/ was multum In parvo, & though it contain'd somuch Page 7. as ther is little lefte for me, yet it deserves that censure w""" PUnie gives of Homer, vpon the aboim- dant expression of his works, that ther was noe word in vaine. all was said in that word of the ingage- ment w'"* concern'd the business ofthis time : for vpon that ingagement of the Last Parliament to K[ing] J [ames] he was induc'd to dissolve the treaties then w"" Spaine ; that necessarily did enforce him to a warr ; • for the warr ther must be varietie of preparation ; to that end he contracted a league w"" other princes, added some forces to the States, levied an armie for Count Manffeilt, arm'd his owne ships for Sea, & of them provides a navie, w* now we may call invincible, in all to scatter the forces of his enemies in the whole circumference of their dominions, by w"'' he became 4.6 NEGOTIUM POSTERORUM. ingag'd to the expectation of the world, & as a legacie by his bequest & y" left that ingagement to his Sonne, Page 8. who now desires to/ foUow it for y'' honors & his owne. in the preparations that are past, all the subsidies & fifteenths w'='' formerUe y" haue given, are spent, & much more of the revenew, for w*^"" now y"' further ayd is crav'd & w"'out w*^*" the work cannot proceed, wherin three circumstances onlie I wiU add. the first for fime, w*^*" is the great commander in all actions; for actions command not time, but time them, & therfor that supplie that comes too late proves noe supplie at aU. Europe is now ftir'd like the poole of Bethesda by the Angell, for the recoverie of the honor & happiness of this nation, & if we slip the opportunitie, some other may prevent vs ; wherfor it is desir'd we should give this meeting to this business. the second circumstance is the manner, w*^*" time does vse in action, as the wings about hir feet, wherin if y" finde the vsuall waie too slacke, fear not in an occa sion of such consequence to resort to others fitter. aU are subventions w*^*" are granted by this bodie, nor can Page 9. it be vnparUamentary/ w*^*" is resolv'd by ParUament. the third' circumstance & last, is the end & issue of this action, w* carries w"" it the ffame & reputation of our K[ing]. for as princes sowe in actions, soe they shall reap in glorie, & the hope & glorie of our Soveraigne (w"'' is all that kings possess) he has now putt on vs, not, in desperation, as Caesar w"" the Romans iada est alea : but in confidence as NEGOTIUM POSTERORUM. 47 his owne motto has it, amor civium regis munimen- tiim. Kings and subiects relata simul sunt natura, as the Civilians have observ'd, & noe sooner shall his Ma'"^ be knowne a victorious prince, but y" shalbe esteemd a valiant faithfull people. & soe to address y" to this worke, y" are now to chuse a Speaker & on tewfday next to present him to his Ma''°. this ceremonie being ended, the Commons, according to the direction that was given, retir'd to their house for the election of their Speaker, wher a proposition being made by some privie CounceUors ofthe K[ing], members of that house, for Sarient/ Crew, it was foorthw"" by the rest & Page 10. after some formaUties vsuall more then necessary of pre tended vnwiUingness in him, & importunitie in the others, w"" much art & rhetoricke on both sides, he was led into the chaire, w**" in obedience he assum'd, not yet in accep tation as his right, the nomination of this man was held a good omen to the worke. his former carriage in that place & the success therof after somanie nullities, & breaches, making againe as twere a new marriage & coniunction betweene the K[ing] & people, gaue such satisfaction in all hope, as all men were affected w"" the choise. nor wanted ther in him either fitness or abiUtie. he vj-is, a great master ofthe Lawe, & in his studies, religion had a share to a great name & reputation, his Ufe & practice answear'd it. h his elo cution, was most apt for tke imploiment he sustain'd ; for he could express him self on aU occasions ofthe tims pulchre y ornate as Quintilian makes his or?itor, pro dignitate rerum, ad vtilitatem temporum, cum voluptate audlentium, nature & 48 NEGOTIUM POSTERORUM. art concurring to make him equall to the place ; who vpon Page II. twefdaie after being pVnted/ to the K[ing] & ther making an apologie for himself, w"* a praier to be excusd, but not granted or aUowd of, he thus submits to the burden of the service, & as his first fruits offerd vp this oration. Since it is y'' Ma*"" pleasure to command, it is my dutie to obey tuum 6 Rex magne quad optes ' explorare labor, mihi iussa capessere fas est. I know a sparrow falls not to the ground w'''out god's providence, &, as the rivers of waters, soe the harts of kings are in his hands, Impelllt quo voluerit ; & I am the more incouraged by the former experience of the mercie & goodness of god, who at our last meeting, made those of one house to be of one minde, & united the head & members of one bodie in one hart, w'^'" produced that Parliamentum faellx, crown ing w"' honor, the memorie of the last publick act of y'^ dear ffather to aU posteritie, who then was pleased to aske & follow the advise of his great CounceU in Page 12. dissolving the two treaties ; parted w""/ some fruitfuU leaves from the florishing garland of his Crowne, for the ease & benefit of his subiects, & gaue his roiaU assent to as manie good lawes as past at anie one time since the Great Charter, in w"^*" we then discernd y"' princeUe care of the publicke, y"' readiness to remove aU rubbs that might hinder, & y'' hand aUwaies at hand to helpe & fiirther our desires, & beneficium postulat officium. NEGOTIUM POSTERORUM. 49 And now that God hath put into y'^hart in y"' happie en trance to tread the true path of a ParUamentary waie, in comparison wherof all other courses are out ofthe waie, y" have to y' owne honor & our comfort shaken hands w"" y"' subiects, & made y'' face to shine in the eyes of yr people. Solomon, the wisest of Kings, calls that land blessed whose K[ing] is the sonne of Nobles ; & blessed are those subiects whose soveraigne trained vp in true religion, & by lineall defcent of in heritance, the vndoubted heir of the crowne ; in the prime of his strength is invested in his roiall birthright by an immediat patent/ from God w* the applauses of Page 13. his people, it is God's method w"' his dearest children to mixe crosses w"" comforts : but as a woman in traveU forgets hir sorrowes for ioye that a man child is borne, soe o'' greife occasion'd by the departure of our late Soveraigne is swaUowed vp w"' ioye to see vpon his sun-sett, his owne sonne arising to succeed him, of whose happie & religious raigne & goverment we have a great expectation. God in his eternall coun ceU had set the bounds of y"" ffather's daies, w""*" he could not pass, & the great hufbandman best knew the time when his corne was ripe, & readie to be gatherd into his granarj, it is he that made y", w''*' were, as yesterday our hopefuU prince & the pledge of our future peace, to become our Soveraigne Lord & K[ing] & set y" on yr ffather's throne to iudge the Israel of God. the good Hezekiah was 25 years ould when he begann to raigne, & soe now writes y' Ma"^ H 50 NEGOTIUM POSTERORUM. he did [walk] vprightlie in the sight of the Lord, Page 14. sanctified the house of God, had in hart to make/ a Covenant w"" the Lord ; & God magnified him in the sight of all nations, & in euerie danger gave him de liverance ; & y' Ma'"' shall become mightie w"" Jotham while y" direct y"" waie before the Lord yr God ; y" haue a faithfuU & loyall people, that fear & love y", & amor civium regis munlmentum. y" haue a wise & vnderstanding CounceU to advise ; y'' imperiali diadem shines the brighter in that it is inamel'd & compast w"' a bewtifuU border of the antient & fundamentaU lawes of this kingdome, w* as synewes, hould the bodie of the Common wealth together, & are suitable to the nature of the people, & safeft for the Soveraigne, the Arke of true religion is w"" y" to waft y" over the waters of aU the dangers of this life, &, when y" are ould & fuU of daies, to land y" in the safe harbor of heaven. David being to goe the waie of all the world, gave a charge to Solomon his sonne to walke in the waies of God, that he might prosper in aU he did ; & it is our singular comfortes to hear that it was the Page 15. advise/ of yr dear ffather to y" at his dying, to mayn- taine the reUgion professed, in this we have long inioyd the blessing of peace, & gone foorth in the dance of them that be ioyfuU. in this is the truth & power of God, the other a mist of man's invention, & a misterie of iniquitie, God whom we worship accord ing to his word, bowing downe his ears to our ernest praiers, brought y" back from forraigne parts, in a rare NEGOTIUM POSTERORUM. adventure, full of perill, delivered y" from the dangers of the deepe, covered y" vnder the wings of his im mediat protection, suffred noe man to doe y" harme, & wrought a marvelous light out of a fearfuU dark ness, worthie to be written w"" a penne of iron & pointe of a diamond in aU true English harts, we then for sorrow hangd o'' harpes vpon the willowes, & could not singe the songs of Syon while y"' were in a strange land, it is lodgd in the register of God's speciali mercies to this nation, & y"' Ma''° may heer- after say forsan et haec olim meminisse ivabit/ y"' Ma''^ hath the memorie of the distressed PaUitinat, Page i6. w*^*" in our distress in the times of persecution was a sanctuarie & asylum, & everie good hart is sensible of the dishonor to our nation to see & suffer a confederat prince of our owne religion, an immediat match w"" a branch of the roiall blood, invaded & deforced of his antient patrimonie & inheritance in that time when ther was treatie of peace, & when our roiall navie floted on forraigne seas & was to others a waU of brass & tower of defence. Now that the scepter & sword is come into y"^ owne hands, extend it to hould vp them that be helpless, that soe y" may be a happie in strument to close vp the breaches, & raise vp the ruines of that desolat countrie, qui non propelllt Iniurlam cum possit, facit. Egypt was destroied for being a staffe of reed to the house of Israeli ; & Meros was cursed 52 NEGOTIUM POSTERORUM. for not comming to help the Lord in battaile against the mightie, Lucius a Brittanie K[ing] was the first Page 17. of all Europe whose roiall/ diadem was brightned w"' the heavenUe beames of christianitie ; & y" that are rex totius Britannia, liniallie defcended from the roiaU stemme of both roses, & in whose person is an vnion of both kingdomes, shall add happinefs to yr crowne & state, by pulling downe the pride of that Anti christian Hierarchic, & in abandoning by pubUck edict, reallie executed, that wicked generation of Jesuites & Seminarie preistes, who are the sonns of Bichrie that blow the coales of contention, incendiaries tiiat lie in waite to fett combustion ; blood & powder are the badges of their wicked profession, y^ Ma"" noe doubt in y'' deepe wisdome doth discerne them, & in due time will curbe them, & noe longer suffer such Locusts to eat vp the good fruits of the Land, & to abuse the simple, least the church & commonwealth suffer, but send them home to their owne ceUs not to returne againe. But that I may not take away time, that is soe pretious, especiaUie at this time, from y"' Ma""/ Page 18. soe manie & weightie affaires, nor hinder publicke business, I hasten to conclusion, & according to the dutie of my place, by speciaU charge & commission from the Commons house, w"' the warrant of antient & approved presidents, I humblie present vnto y"' Ma'" our wonted & accustomed petitions. I that y" would gratiouslie give aUowance of our antient immunitie for our selves & such servants & NEGOTIUM POSTERORUM. 53 attendants as are capable of this priviledg, both eundo et redeundo, & during the time of our sitting, to be free from arrestes & troubles, whereby we may the better attend the publicke service. 2 that yr Ma"' would vouchsafe vnto vs libertie of free speech, according to our antient priviledg, that by a free debate of the reasons on both sides, truth may the better be discerned, & matters at last by common consent happilie concluded. & I doubt not but we shaU confine our selves w"'in the limits & compass of dutie & obedience. 3 in regard/ the subiect maybe such & of soe great Page 19. moment & consequence, as shall minister iust cause of immediat resort for advise & redress, to the oracle of your owne mouth ; that y^ Ma'" would be pleased vpon aU needfull occasions, vpon our humble suite, & at y"' fitt tyme, to permitt vs access to y"^ roiall presence. 4 Laftlie, that y'' Ma"' would be gratiouslie pleased to entertaine vs in y^ gratious & good opinion & of aU our proceedinges to make a benigne interpretation. Ther onUe remaynes that I w'^'' by the free choise of the house, & y"" Ma"" gratious approbation, am, though vnworthie, a speaker for others, may be per mitted to become an humble suitor for my self to y^ excellent Ma"', that y" would be pleased to cover my errors & defectes w"" the vaile of gratious construction ; & to extend to me y'' most humble servant, the first of aU others that in publicke needs & craves it, y'' free & gratious pardon. 54 NEGOTIUM POSTERORUM. Page 20. this oration of the Speakers had this answer by/ the Keeper according to the formaUtie of the time, the interim was little, yet awhile hee seemd to studie the recol lection of some notes he then had taken : but that trouble was not much, nor needed it at all, w'^'" being done, he thus deliver'd what formerUe was agreed on. M'' Speaker his Ma"' hath heard y" w** approbation, both pleading for y"" self, & for y'' countrie, wherin it far'd w"" y" as formerUe w**" Gubertus, for if y" had pleaded ill, vf-^ you were not wont to doe, yet that could not have preiudic'd the opinion of yr service, w^*" former merites have indeard ; but other wise, as y" have, making knowne y'' abilitie by y^ eloquence, it confirmes the reputation w'*' y" had in the iudgment of his Ma"', from whom I am com manded in part to make y" answer, yr speech was like that perfect bodie of the world, soe orbicular & round, that ther seem'd noe angle in it, but in such a symetrie compos' d, as humors weU digested in the bodie, that ther is noe predominance, but in the equaU Page 21. temper of them all, they make one pure/ complexion : yet in that rotunditie, as the latter Mathematicians have observd, some stops & pointes ther may be found ; that perfit bodie has some veines though shadowed artificiallie by the skinne, by w*^** we may see the blood & spirit conveyd to the severaU partes & members in their spheares, & by those stops & pointes take the commensuration of the whole, w"^*" I shall doe in touching some perticulars. Somewhat of NEGOTIUM POSTERORUM. 55 y' self y" spake & the last parliament ; somewhat of his Ma*"'* entrance to his raigne & therin of his beginning w"' a Parliament, of his descent & blood, of his succession, of his hopes, ofhis deliverance out of Spaine ; somewhat y" spake likewise of religion, & the recommendation of that ieweU to the K[ing] by the pietie of his ffather at his dyinge ; somewhat of the common Lawe as the principle of this goverment; somewhat for the releiving of our frinds ; & somewhat for the repressing of our enemyes, the restraint of preistes & Jesuites ; & lastKe of those vsuaU petitions for freedome of/ persons, libertie of speech, access vpon Page 22. occasion, Sc benigne interpretation of proceedings ; to w'''' I will answear breiflie in this order & methode I propound them. ffirst concerning y'' self, who say little but doe much, having once offred to his Ma"' the sacrifice of y' Ups, & that not being accepted, then, what is better, the offering of obedience, w''^ these first fruites doe witness, being the oblation of y' hart, fcelix faustumq sit, as was the issue of that Parliament w*"*" concluded w"' K[ing] J[ames] & may be weU stil'd happie, making a reconciliation betweene his Ma'" & his subiectes, & a breach Sc dissolution of those treaties betwixt his enemies & him. the hope Sc expectation thervpon is yet auspitious to our labors, Sc the comfort then diffusd from that garland of the Crowne, the king's prerogative, in the flowers that then descended, the biUs of grace, cannot but yet affect vs, espetiaUie 56 NEGOTIUM POSTERORUM. if we take it from the true rise and ground, the labors & endeavors ofhis Ma"', then heer afsifting vs, who Page 23. acted not a/ little in that sceane ; this may assure vs much ofhis future love to Parliamentes, his entrance & initiation being such : he being then to that ParUa ment (made soe happie) as the Sowle in the bodie of a man, the Ufe & glorie of it, when he receavd such pleasure in this Councell as makes him stiU to love it. ffor his entrance into goverment, his blood, his succession, & his hopes, & that deliverance out of Spaine, all speake him the sonne of hope & wonder. for what can give more to the satiffaction of his people then this first act of meeting & conferenc[e] heer w"' them ? what can add more to the promise of his hopes, then the virtue & nobilitie of the stocke, wherin he is more eminent then anie prince in chriftendome, having deum in vtroq parente, as tis said, on both sides, being extracted from a long descent of kings, how has his succession, in point of restitution to the kingdome, made vp that breach w'"* sorrow had enforc't vpon the loss of his deer ffather, w''*' could not have beene done, by any but by him. Page 24. nor by him if he had beene but the/ sonne onlie of his bodie ! those abilities of his ffathers w"'' are regnant in his sowle, of w'''' we have had experience, are a sufficient warrant for our hopes ; & those hopes we have confirmd by his miraculous deliverie out of Spaine, w^" prove him aswell the adopted sonne of God, as the naturaUie begotten of K[ing] J[ames] NEGOTIUM POSTERORUM. 57 divinitie concurring w"" his wisdome, & giving that wifdom to him w'''' could not be circumvented by their poUicie : a noli tne tangere, I may terme him, one whom noe humane wit can deale w"'. ffor religion, wherin, to the naturall zeale Sc pietie of his Ma"' ther hath beene added such a spurr, by the charge Sc blessing of his ffather, we need not doubt his tender care therof, that principle being implanted in his hart ; but as we have enioy'd vnder the sun shine of the gospeU a long Sc rare felicitie, soe we shall stiU retayne it vnder his princelie providence & see our Jerusalem in prosperitie all his life long, touching the common law, w* wordiilie you commended, as the fittest temper for this goverment, his Ma"' is soe indulgent to that rule,/ as he recommends it to Page 25. their studies who are professors of it, to follow the antient maximes, not resting on new cases, w'^'' are the fencies but of men ; but to fetch their knowledg from the principles w'^'' were grounded first on reason, & had their derivation from God's lawes, in w** they should vrant noe favor from hisMa"', who was most affectionat to the ould, willingof reformation in the new, betweene .w'*" ther is this differenc, besides their originaU & the time, that the conclusions of the latter are peremptorie & sever, drawne from slight premises & inducements, wheras the others alwaies have strong premisses to in duce them, and yet such sweet conclusions as fweyd by love, not force, ffor the Pallatinat, & the resti tution of our frendes, M'' Speaker, y" cannot imagine I 58 NEGOTIUM POSTERORUM. how it contentes his Ma"' to see y'' care therin, by w''*' the naturall sympathie is exprest betweene the head & bodie. y" as the bodie, concurring w"" his Ma"' the head, in sence & participation of their Page 26. miseries, who are cheif members of/ the kingdome ; nor can it be wher such affections meet that y* actes of Egipt, of Meros should be copied ; fer be it henc, for the honor of this nation, that it should now desert hir frindes, having beene formerUe soe helpfuU vnto strangers : & for his Ma"', I am to teU y" this, that he desires not to live otherwise then in glorie, & that cannot be w"'out restitution of the PaUatinat, w'"* as it wnlbe the whole indeavor of his ma"' must likewise have y'' aydes to second, & suppUe him. ffor the abandoning of those sonns of Bichri the preistes & Jesuites, w'''' y" move for, his Ma"' both approves your religion & devotion, & acknow ledges w"" S' Augustine, that the poorest man on earth has as great interest in religion as the greatest prince or potentat : but, as princes were made keepers of both tables, soe he desires to be trusted w"" this suite, w* in fitt time he wiU either grant, or better it; wherin, as his ffather said before him, he would be as carefull & sincear, as he praied God to be merciful! to him. Lastly Page 27. M'' Speaker, for thofe petitions y" exhibited of/ freedome from arrestes, libertie of speech^ access vpon occasion, andfavorableconstruction of y'' actions, w^'^are the fower corner stones of that noble building of y"" house, his Ma"' grants them aU w"'out anie bound or limitation NEGOTIUM POSTERORUM. 59 more then y'' owne wisdoms & modesties shall impose, not doubting, but if anie shaU abuse this libertie w'*" is granted, y" wilbe more readie to punishe & correct him, then his Ma"' to require it. these speeches had divers censures w"' the hearers ; first by comparison & in generall, wherin it was noted that the Lawiers expressions were divine, the divines more historicall & lawlike, then in the B? was observd both for composition, & deliverie, [that] studie & affectation, w*^"* the other did decline, who seemd more naturaU, not less eloquent, either had thofe ignlcull sententiarum Sc flosculi Ingenlorum for his ornament ; by y' Bp they were rendred to all satietie & fulness as bewtie set to sale, wheras the other made them like Starrs shining in the night, admlrablll quadam illumlnatlone sed umbram hahens bS recessum. in perticular of the Bp' ther were two thinges much, observd, but w"" different affection Sc acceptance ; the one/ was, his page : insinuation to new waies, & the faUacie therin vs'd, to intimat, that aU that is done by ParUament is parliamen- tarie, w'^'' had an iU relishe & resent, the other was that passage in his answear for the priviledges, terming them the corner stones o'th house ; w'''* having that expression in that, presence was well lik't, it being thervpon presum'd in the opinion of the hearers, that their future cftimation should have answeard it. but that difcourfe being formaU, & noe more, had not such influence on the act. states, as divines, vse glosses on their texts, but for the inftant, fatiffection was pretended, & both houses thervpon pre par'd them to their business. 6o NEGOTIUM POSTERORUM. The Commons begann w"' an Act for observation of the Sabboth, & to prevent the abuses of that daie, w'*" being read, for the honor of religion Sc to that end having the first precedence given it ; further to express the devotion of the house expecting aU blessings from above ; the next thing that foUowd it was the desire of a Communion that all the members of that bodie might ioyne & in that worke of pietie, the better to vnite them in themselves, & recon- Page ig. cilc them to their head ; & this/ reUgious motion was forthw"" seconded by another for a day of preparation to that worke & a generaU humiliation to be made, by a publicke fast i'th kingdome, for w'^'^ foure reasons were assign'd. I. the miseries of the church abroad. 2. the plague Sc mortalitie at home. 3. the ffleet & preparation then in hand. 4. the expectation of the Parliament ; to implore a blessing vpon thefe ; to deprecat the calamities of the others ; w'^" reasons were approv'd & the desires resolv'd on. the Communion was appointed for the Sundaie sennight after, & a Committee nam'd to see that all performd it. the privat fast & preparation was to pre cede it on the Saturdaie, preachers were design'd for both ; and it was ordered for the generall fast o'th kingdome that a petition should be fram'd to move his Ma'" therin, w'*" actes of pietie being resolv'd, they defcended to the ordinarie bufinefs of the house, &, as the manner is, in the firft place appointed a Com'" for their priviledges, that being thought most necessarie to precede, by w* their powers & being did subsift. the intention of Page 30. that Com"' w'*" is standing Sc not tranfient, has/ a generall NEGOTIUM POSTERORUM. 61 reflection on their rights, & on all actes of preiudice that impeach them, to examine, to discuss them for the ease and information of the house, that ther they may be punisht, or prevented : but the ordinarie agitations v/-*" it has, are for elections & returnes, to rectifie the obliquities therin, w'*" are in aU times manie, in some more, wherof ther wanted not a large proportion even in that, amongst others of that kinde, the Com"' being setled, a petition was exhibited to the house against the returne for yorkshire. the partie complaininge was S"' John Savill, his cheife opposit then returnd, S' Thomas Wentworth, whofe con testation in the countrie had beene great, as their former emulation in that place, nor wanted they a reputation good in either, nor meritt, if well exercis'd to support it. I mention heer but that perticular of Wentworth, because the whole businefs turnd on him, his coUeague in that service being but passive in the worke, Sc soe involvd w"" him, as what was accidentaU to the one was necessarilie contingent to the other, for the qualitie & meritt of their cause, the same virtue/ & the same fortune being to both. Page 31. for the present the petition was refer'd to the Com'" to be first heard & treated of. after this Sc some others of that kinde, w'* had like reference from the house, an vnexpected motion was delivered to decline the whole proceedings of that meeting, Sc to petition for an adiornment to the K[ing], the reason pretended was the sickness, v/''' had a great infection & increase : but most men did suppose that but the color & pretext, & something more w'''in it, w"* ielosie the sequell did confirme. 62 NEGOTIUM POSTERORUM. it had it's originall from the north, & by some other northerne spirits was seconded, who after practisd aU the artifice of delaie to deferr the question of their knightes, & since have beene declar'd soe affected to themselves, & to their owne advancements, that all confideration of iustice & the publicke they postpon'd, this proposition being on foote was soe farr prest and foUowd, vpon the reasons & argumentes given against it, as the elect of york shire came in perticular to oppose the business propounded by the K[ing] & for that vrg'd the accompt that was Page 32. behinde for the subsidies & fifteenths given in the/ former Parliament, saying it was more necessarie that that accompt were rendred, then to require new aydes ; to w^*" it was replied, that nothing did lett the accompt, but that satiffac tion might be had, & for the new demand, the time, the world, themselves might iudge how farr necessarie it was, & exceeding the termes of that comparison, for the adiornment twas obiected to be contrarie to the order of the houfe, w'''^ in the fast implied a resolution of their fitting, to w'''' end was desird the publicke praiers o'th church to implore a blessing on their labors, w'^'^ if they then declin'd, that act of devotion was in vaine, & the practise and profession were incongruous, the danger of the sickness was confest, & that ballanc't w"" the danger of the enemyes, vpon w'** David's example was induc'd for a direction in the case, that shewd it better, to fall into the righteous hands of God, then into the wicked hands of men. other reasons were added vnto these, as, it being the first meetinge w"" the K[ing], the expectation great vpon NEGOTIUM POSTERORUM. 63 it, the reputation of much importance that should follow it, w'*" w"" the former, soe sweyd the sence o'th house, as, though noe names were vs'd to turne/ it, seeking onlie an Page 33. alteration of the place, not of the time Sc bufiness ; yet the motion was reiected as improper, & by some held ominous & portentous, thefe were the agitations of that daie, & the initiation of the business, the next (after the biU o'th Sabboth read againe, when it receav'd commit ment) motion was made for the grand Com'" of the Greivances, vpon w'"' ther did arise a new trouble & dispute, but before we proceed to that, I thinke it not vnnecessarie that we a little heer insist vpon that vse Sc naming of Com''", w* being opend heer we shall the better know it els wher, & soe difcerne more eafdie, both in the execution Sc designe, the scope & intention of those orders, ther are three grand Com"" consisting of the whole house, onlie the speaker leaving the formaUtie of his chaire, w* are permanent & standing, Sc vsually ap pointed in the beginning of the Parliamentes, for religion, greivances, & Courts of Justice ; these have their severall weeklie daies assign'd them, & take generaU cognisance of all matters,/ examine all complaints, send for all persons & P^S^ 34- recordes ; all corruptions & iniustices of Courtes, exactions of their Ministers, oppressions of the people, abuses Sc enormities in the church are respectivlie the subiectes of their treaties, thefe they difcusse Sc handle for the know ledg of the facts ; & if they finde them feultie, worthie a pubUcke iudgment, thenc they are reported to the house, w* thervpon proceeds £0 censure & determine 64 NEGOTIUM POSTERORUM. them, privat Com"", w'"" are transient, & selected, of some few proportionable to the cause, have in their sphears & compass an equall power & interest, those that are for bills on the second reading are defignd, the first being onUe formall, when seldome, or never they are spoken to, but in pointe of reiection & deniall, Sc that rarelie, if ther be color for the intention, though ther be imperfections in the draught : but at the second reading aU obiections doe come in(.) the perticulars both of the forme Sc matter, are then argued & debated, Sc thervpon it passes to Com mitment, wher by answear & replie the difcussion may be freer in the counterchange of reason & opinion (w* is not Page 35. admittable in the house, wher to avoyd conteftation/ & diforder, w*^*" replies Sc contradictions might induce, & to preserve the gravitie, noe man may speake in one daie, & to one bufiness, above once, though he would change opinion, (w"*" in Cora'"' is aUowable) Sc therfore vpon the second readings of these bills they have such reference & commitment, that ther they may the more punctuaUie be considered, & soe come to the exacter reformation & amendment. In generaU, aU Com'"' are for preparation & dispatch : the iudgment & conclufion is the house's ; to faciUtat that Court in the multiplicitie of hir labors, these are the Argus & Briarius ; these Com'"' are the sentinells vpon all affaires & interestes, & these dissolve the difficul ties w'^'' their greatness or numbers doe import. Accord ing to these- customes & reasons of the former, in this Parliament it was mov'd likewise for the Com'" of the Greivances, as we before observ'd it. divers oppositions NEGOTIUM POSTERORUM. 65 it receav'd for divers interestes Sc respectes, publicke Sc \ privat, wherin contraries did meet. Some did dislike it \ for accident & circumstance, others simplic & absolutlie for it self; that it might have reflection on their errors who were/ conscious of a guilt made these others being Page 36. obnoxious to the publicke. others that thought it not seasonable at that time to begin the question of those greivances, w* could not then be perfitted, for the more certayne punishment of the offenders would have their cause reservd. others were movd in apprehension of the sickness, to decline that service, for the dismission of petitioners, some had in contemplation the new entrance ofthe K[ing] whose raigne had not afforded opportunitie for oppressing, & should not therfore be dishonord w"' an asperfion of complaint, others remembred the ould greivances exhibited to K[ing] J[ames] in his last Parlia ment, tow'''" ther had beene noe answear, & advisd onlie to petition then for that, but none of these reasons could prevaile to compose the affection of the house, w'^*' to that Com"' for the greivances added likewife a desire of the other for religion, & therin vrg'd the great danger & necessitie vpon the practise of the Jesuits, the insinuation of the prieftes, the exercise of the masse, in despight, ir not derifion, of the lawes ; & the confidence/ & increase of Page 37. papistes thervpon ; w"'' plague Sc infectica of the sowles, was farr more to be feared then aU the plagues Sc infections of the bodie. this, w*^ the new occasion, stir'd a new sence i'th house & raisd the argumentes w* did follow it to a more heigth Sc quickness, for allay wherof this Catho- K 66 NEGOTIUM POSTERORUM. licon, being prepar'd by that great artist S'' Ben. Ruddiard, was readilie presented to the occafion, & in this forme applied. Mr. Speaker to say this is the first Parliament of the K[ing] is noe great matter : but that the first Parliament of the K[ing] should have a temperat proceeding & propitious success is a matter of ex traordinarie consideration Sc consequenc; for it is commonUe seene that the same influenc w'*" governs in the beginning of an action infuseth it self through out, & continues to the end, as in this perticular of Parliamentes we have had too deer experience, cer- tainUe the disagreement betwixt the K[ing] who is w"' God, Sc his people, begun & continued by mutuall distasts in Parliament, have beene the cause almost of Page 38. all that/ we can caU amiss in this State, it was the K[ing] w'*" now is, who first gave the happie turne in the last, wherin I may truUe say, ther descended more grace from the Crowne to the subiect then in any Parliament some hundreds of years before ; Sc I may rehears, though not obiect, that wee also did our duties, if his Ma"' when he was prince, & had but a mediating intereft did vs so manie good offices, soe manie gratious favors, what may we expect now that he is K[ing] Sc hath absolut power in his owne hands ? we may well trust him whom we have soe well tried, especiaUie seeing he gives vs dailie new argumentes of his goodnefs & wisdome, how pub- lickUe & frequentlie he avowes and iustifies, his owne. NEGOTIUM POSTERORUM. 67 the true religion, w"' discountenance to the fals ? how effectuaUie this devotion of his workes vpon his life, insomuch as I may stricktlie say ther can hardlie be found a privat man of his years soe free from all ill 1 vf^ as it is more rare Sc difficult in the/ person of Page 39. a K[ing] soe is it more exemplar Sc extensive in the operation, Sc noe doubt, being a blessing in it self, will call downe more blessings from heaven vpon this kingdom for his sake, ffor his wisdome, we see that in his perticular actions he is naturaUie regular & orderlie, w'"' however some retir'd abstruse spirites may accompt but a formaUtie ; yet wise men know how much it conduceth to wealth, to great ness, to goverment ; order being indeed the verie soule of outward things, befides his breeding hath given him an advantage above all the kings in christendome ; for he hath beene abroad, Sc hath treated w"" a wise Sc subtile nation in a business soe great, as himself was the subiect of it, w'"" hath not onUe open'd Sc enlarg'd but quicken'd & sharpned his naturaU abilities, Sc made him vnderstand his owne kingdome the better ; for to know a man's owne countrie alone is but a soUtarie kind of knowledg in respect/ of knowing it by comparison w"' others, but Page 40. that w'''' is of most vse & appUcation to vs is that he hath beene bred in Parliamentes, w"'*' hath made him not onUe to know but to favor the waies of his owne subiectes, wherof it becomes vs alwaies to have a gratefuU remembrance. vpon these foundations 68 NEGOTIUM POSTERORUM. Mr. Speaker, I will humblie move this honorable house in that wherin I hope we are all come hither prepar'd & mov'd in our selves, that is to carrie our selves in this first session w"' sweetness, w"' dutie, w"" confidence in & towardes his Ma"', for -w"^ noe doubt, we shall respectivlie receave such grace, such favor, such satiffaction as the dangerousness of the time & therfor the shortness of it can possiblie allowe. towards the happie effecting wherof I doe further move, that we may fall vpon such things onUe, as are necessarie, cleer & of dispatch ; & that those busi nesses w''*' have in them either perplexitie, difficultie. Page 41. or asperitie, if the house be not pleas'd/ altogether to omitt them, yet they may be onUe touch't by way of claime or greivance &soe remitted tothe next session, when we shall have fitter opportunitie & better leasure to debate them. Last of all to take off the least scruple of preiudice w'='' misinterpretation may cast vpon me, I doe heer solemnlie protest, that, 'as heer- tofore I did never speake with K[ing], prince or favorit, of Pariiament business, soe w"" our present ^['ng]> I never had the honor to speake fourtie words of any purpose what soever; insomuch as what I have said, I have spoken it out of the sinceritie of myne owne hart, w'''out anie other end but the good ofthe Commonwealth, wherof this assembUe is the abridg ment. this oration in much gravitie delivered, w'" the length Sc expectation that it carried, had somuch of the effect, as NEGOTIUM POSTERORUM. 69 it reduc'd to temper the affection that was stir'd. aU mens intentions still went w"' it to observe the conclusions it would make, a great reputation was implied both in the learn inge & wisdome ofthe man ; & as he was/ in vse & estima- Page 42. tion w"* some great ones, more was expected from him then from others, w''*' made the satiffaction to seeme less, Sc those that were more criticall to adiudge his composition more studied then exact, all men difcernd in him noe want of affection to be eloquent : but his expression was thought languid as the conclusion was enapt ; generalis being fitter for discourse then in counfell or debate, yet soe farr this prevaild, or els the time by that, as the resolution was de fer'd to a further confideration & dispute, & soe the present heat declin'd. w""" is obfervable in that house, as their whole storie gives it, that wher ever that mention does breake of the fears or dangers in religion, & the increase of poperie, their affections are much stir'd, & what ever is obnoxious in the State, it then is reckoned as an incident to that : for soe it foUowd vpon the agitation of that mo tion, first the danger of reUgion was observ'd in some generaU notes of preiudice ; then by induction it was provd in the enumeration of perticulars ; to that was vrg'd the infelicities of the kingdome since that difease came in, this/ had an aggravation by a syneresis & comparifon w"* the Page 43. daies of QJueen] El[izabeth]. to that was added the new greivances Sc oppressions, whoUie infer'd Sc raisd since the connivence w"" the papistes : the monopolies that had beene, the impositions that then were, all were reduc'd to this; w''' I mention but to shew the apprehension in that 70 NEGOTIUM POSTERORUM. pointe, & the affection of that house in matter of re ligion, the next daie was begunne w"" a conference of b-Pth 3 _J houses vpon the_pet[tjon for the fa.st.„ at the conference the Commons did present a draught of the petition & their reasons, w"' a motion to the Lords for their concurrenc in the worke, who by that reverend ffather of the church, the Archbishop of Canterburie, returnd this answear & replie. that they approved both their intention & their reasons, & v/ere therein readie to assift theiri ; but w"" all, out of a text in Joel, gave them such a caution & advise against privat vndertakings of that kinde, as vpon their re turne vnto their house, the former daie was altered & some Page 44. time given for expectation in that pointe. after/ this the dispute of religion was resum'd, wherin some introduction being made, it was thus foUowd for preparation & advise, *^* religion is the touchftone of all actions, the triall by w''' they are knowne, vpon w* all poUicie, all wisdome, all excellenc must be grounded, & what rests not on this center can have noe perfection or assurance : for what the power of man is w"' out God, or what w"" out religion, may be expected from his favor, his -owne wordes & stories doe sufficientlie declare, reUgion onlie it is that fortifies all poUicie, that crownes all wisdome, that is the grace of excel lenc; the glorie of aU power, the strength of all goverment is religion ; for though poUicie might secure a kingdome against forraigners {Sc soe I praise God this kingdom may alwaies stand secure) & wis- NEGOTIUM POSTERORUM. 71 dome provide all necessaries for the rule & goverment at home; yet, if religion season not the affections of the people, the danger is asmuch in our owne Achi- topheles as of Moab Sc all the armies of/ Philistims. Page 45. religion it is that keeps the subiect in obedience, as being taught by God to honor his vicegerentes. a rellgando it is cal'd, as the common obligation amongst men, the tye of all frindship Sc societie, the band of aU office Sc relation, writing everie dutie in the con science, w'^'' is the stricktest of all lawes, both the excellence & necessitie heerof the heathens knew, that knew not true reUgion, Sc therfore in their poUiticks they had it alwaies for a maxime : a shame it were for vs to be therin less inteUigent then they, Sc if we truUe know it we cannot but be affectionat in this case, two things are considerable therin, the puritie, the vnitie therof; the first respecting onUe God, theother both God & man; for wher ther is division in religion as it does wrong divinitie it makes distractions amongft men, & soe dissolves all ties & obligations, civiU & naturall, the observation of heaven being more power ful then either poUicie or blood, ffor the puritie of reUgion in this place I need not speake, seeing how bewtifuU the/ memories of our ffathers are therin made Page 46. by their indeavors. ffor the vnitie I wishe posteritie might say we had preserved for them that w''" was left to vs ; but a difease once enterd, though it be past prevention, must have cure, Sc as the danger or infec- 72 NEGOTIUM POSTERORUM. tion becomes greater, the greater care & diUgence must oppose it, what divifions, what factions, naie what fractions in religion this kingdome does now suffer, I need not re capitulat, what diverfions, what transactions, what alienations have beene made noe man can be ignorant, how manie members, in that pointe, have been dis sected from this bodie, I meane the bodie of the land, w* representativlie we are, soe as the bodie it self, though healthie, cannot but seeme lame ? how have those members studied to be incorporat w"" others ? how have they threatend vs, their owne, not onlie by presumption but in greatness, & given vs far more then they have taken .? blessed be that hand that has deUverd vs, blessed this daie that gives vs hope, wherin the danger Sc infection may be stai'd ; for w"' out pre- Page 47, sent remedie/ the disease will scarce be curable, to effect this the cause must first be sought from whenc this sickness springs, & that wilbe best found in the survey of the lawes, for certainlie it lies in the lawe, or execution ; either ther is some defect or im perfection in the lawes, or their Ufe, the execution is remitted : for if the lawes be perfect, how can division enter but by a breach of them .? if the execution be obferv'd how can the lawes be broken ? therfore in this does rest the cause, & heer must be the remedie. to that end now my motion shall encline for a review o'th lawes Sc a speciali confideration in that pointe, that if y" divifion have gott in by imperfection of the NEGOTIUM POSTERORUM. 73 lawes they may be amended ; if by defect that maybe supplied ; if, as I most doe fear it, through neglect, & want of execution, the power may be enforc't w"" some great mulct & penaltie on the minifters, who for that wilbe more vigilant Sc we therby secure. this speach gave occafion for a generaU confideration/ of Page 48. the lawes, wherin it was confest ther was a sufficiencie & fulness, but the want of execution did impaire it, & both detract from the power Sc reputation of the lawes. in this divers perticulars were instanc't, some to prevent, some to corrupt the lawes. in some ther was observ'd to hs fraus legii,z cousenage of the lawe, Sc that former waies effected, first, by dependanc on great men, w'''' were a terror to informers, & w'''out them noe delinquentes could be found, secondlie, by changing names Sc appeUations, practisd both by papistes preistes Sc Jesuites, who by the often shift of places, soe did avoid indictmentes. thirdlie by procuring information against themselves, w^'' th.y could press or stop Sc soe preventing others in the like manner, as a supersedeas fbr the peace, fowerthlie, by certioraries removing the indictmentes from the Countries, soe as noe prosecutor should be found, Sc soe noe more proceeding. Sc in others ther was noted to hs fraus contra legem, an abuse Sc cousenage of the K[ing] for what the lawe aUowd him. Sc ofthis Ukewise ther were fower waies defcribd. first by removing of their goods into priviledg'd Sc irt^l places, soe as noe forfeiture could be served, then by Page 49. begging of such forfeitures by those about the K[ing], who intended not the punishment, but favor of the oanistes. L 74 NEGOTIUM POSTERORUM. thirdlie by letters procur'd in their behalf for stop Sc prohi bition of proceedings. & lastlie by the pardons, v/''' too frequentUe were granted, not onUe to recusants but to Jesuites. aU w'*" did hinder the execution ofthe lawes & renderd them fruitless, in that pointe, & were designd for causes of that difease Sc sickness, examples were cited of all thefe to warrant their reasons&opinions, wherof it was thought necessarie ther should be a true information to the K[ing], & an address & petition to reforme them, for a preparation to that worke the clarke was appointed to bring in aU the petitions of thatkinde, w*"" formerUe had beene made, at the next sitting, vnto w'*" the further consideration was refer'd. the next daie, some Com"'^ of both houses having attended on the [King] reported his answear to the petition for the fest, wr''' was, that as he lik't their method in beginning w"* devotion, soe he did hope ther proceedings would be answearable. Page 50. that he approved ofthe desire/ Sc after consultation w"' the Bishops, would give it execution, ffrom this againe, some few biUs being read & that of the Saboth, vpon the third reading, past for lawe, the Commons resum'd againe the consideration of religion, & in that part began wher they had left it last, the former petitions were then read, w* had beene exhibited in 18 & 21 Ja[mes] w"" the protesta tion of the prince made then vpon the sence of his de Uverance out of Spaine. from w'*' & the disputes that had beene past ther was a Com"' then appointed to frame a new petition to the K[ing]. the Lords about this time having resolvd vpon their fast by message did intimat their time Sc place to the Commons, who thervpon determin'd NEGOTIUM POSTERORUM. 75 for themselves likewife to have the same daie appointed, & to strengthen in this service their correspondence hy the place, one church being not capable of both houses, as the Lords did take the Abby, they chose the parishe church at Westminster, in w'^'' their communions were before, & now their firft of festes, thefe pointes of reUgion thus dispos'd, w''*' by/ a former order of the house were to have cleer Page 51. precedence before all things, the proposition was admitted for supplie. some art ther was to extenuat the proportion, & therfor it was begun by a gentleman of the Countrie, who, vnexpected to the Courtiers, feUing on that subiect Sc pitching on a perticular of one subsidie Sc fifteenth, all their rhetoricke & labor could hardUe thence remove it, but the inclination of the house still resorted to that principle, againe heer S"' Ben, Rudyard was imploied, who but at such times, & in such services, did speake, never but premeditated, w''' had more shew of memorie then affection, & made his words less powerfull then ob fervd. he did deduce his reason for the enlargment of the ayd from the occafions Sc necessities of the State. these he enforc't by the domesticke charge ofthe K[ing], the funerall of his ffather, the entertaynement of Ambas sadors, the forraigne expences Sc ingagmentes to Denmarke, Manffeilt, Sc the States, befides/ his owne preparations then Page 52. for warr ; all w''*' he said requird a vast supplie of treasure & that must have it's magazine on the people, noe par ticular summe he inftanc't, w^ made his reasons less suc cesfuU, & soe, in that respect his labor was in vaine. yet divers others foUow'd him, & in divers waies & motions. 76 NEGOTIUM POSTERORUM. some would have an addition of fifteenths, others of sub sidies, & ther were that preft for both : but in littie they prevaild. the pitch being sett at first was not soe easilie exceeded ; yet the quindecim thought greivous to the poore, changd the proposition in that part, w'^'' was con cluded in the whole for two subfidies alone, to endear both the proportion Sc the gift, divers circumstances were observd of force & aggravation, first the time, it being then but the beginning of a ParUament, wheras supplie was antiendie a worke of the conclusion, then that the grant it self intended was of that value, as not fower Kings of England ever had the like, then that the condition of Page 53. the people, though the manie violation[s]/ of their rights, in the generaU liberties of the kingdom, the perticular priviledges of that house, their burdens, their oppressions, which noe times els could parallell, spoke them less able ; & that complaint postposd, shew'd them more affectionat. then that ther was noe ingagment to induce it, as manie had suppos'd vpon the declaration of the last parliament of K[ing] J [ames], that promise being made for supportation of a warr, & yet ther being noe knowledg of an enemye. againe the former grant was spoken of, for w'^'' ther had beene noe reckoninge ; & theron, by way of question twas digrest, to confider what accompt was answearable for the manie thousand men, that had perisht & beene lost, in the PaUatinat, & w"" Manffeilt ; the miUions of treasure that was spent, w"'out success, in profit or honor to the kingdome, w'''' was noted not to be England's ffate, when God & it were frindes ; & for that the glories of Q_[ueen] NEGOTIUM POSTERORUM. 77 El[izabeth] were inftanc't, who w"" less supplies and aydes, encreasd hir self at home, wasted hir enemies abroad,/ consum'd Spaine, raifd the Low Countries, reviv'd ffrance. Page 54. vpon aU w''' it was desir'd, that ther might be a petition to the K[ing], to move him to consideration of those things, & to reforme the goverment, then at his entrance & beginning by the like counfell Sc advise ; w'"" petition & remonstrance would teU him from those reafons, how affectionat was that grant. Sc it -was added by him that foe deduc'd it, that he was soe farr from augmentation, as he would have noe man heard to move it. this being rendred by Sr Robert Philips w"" a great life & eloquence movd much in the apprehension ofthe house, both for the setiing of that question, & this reflection on the times. the present povertie was felt in the generaU necessities of the Countrie. the cause of that was knowne to be the greivances and oppressions, the loss of men, loss of honor, loss of monie, the late infortunities of K[ing] J [ames] were too obvious & vndoubted, as the contrarie felicities of Q_[ueen] El[izabeth] soe as aU men of them selves sawe the present want of CounceU, & some resolvd, in time, more specially to complaine it, ther was in this gentleman/a naturall grace of oratorie, a moving & Page 55, Nestorean waie of rhetoricke, a choise store he had & elegance of wordes, readiness & dexteritie in fancie Sc con ception ; a voice & pronunciation of much sweetness, the whole expression, profuens (3' canora ; but, as some iudgd of Cicero, by some thought in him to be tumens & exultans. a redundancie & exuberance he had, Sc an 78 NEGOTIUM POSTERORUM. affected cadence & deliverie, but vpon all occafions, at all times, ex re nata, he was rendred, w'''' made his argumentes, as more genuine & perticular, soe more acceptable, & per- swafive : for in that place alwaies premeditation is an error, all speech of composition & exactness, being sup posed, ex ore non a pectore, Sc those children of the mouth onlie are not somuch affecting as the true issues of the hart, this spell was a charme vpon the Courtiers to sup press their further craving : yet something was added by the rest for the improvement of this gift, that the re cusantes should pay double, w'*" after some small letts was likewise accorded & concluded on, wherof the acceptation Page 56, & success shaU be noted in their orders,/ that great worke being done, an accompt was represented from the Arch bishop of Canterburie of his proceedings w"" Mountague vpon the reference of that house in the last parliament of K[ing] J[ames] w""" was, that, having convented him before him, and tould him of the troubles he had caus'd, & what disturbance was growen in the church & in the Pariiament by his booke ; he gave him this advice. Be oc cafion of noe scandaU ; goe home, reveiwe yr booke, it may be some things have slip't y", w"" vpon second cogita tions y" will reforme, if anie thing be said toomuch, take it away; if anie thing too Uttle add vnto it ; if anie thing be ob fcure explaine it but doe not wedd y'self to y"^ owne opinion ; & remember we must give accompt of our ministerie to Christ : w"" w"*" admonition being dismift, it was said, he heard noe more of him for a long time after, tiU, one daie going to attend vpon the K[ing] he came suddanUe vpon NEGOTIUM POSTERORUM. 79 him, & presented him. In cursu, as it were, his second booke ; for w'''" being shortlie question'd, as the place Sc time permitted, of that bouldness Sc neglect, he made a slight answear & departed, this carriage/ and report were Page 57. diversUe interpreted Sc receavd, some did wonder at the insolence of Mountague, that he dar'd soe affront the dignitie of that ffather ; for it was held noe less, instead of a retraction for the former, to present a second booke in confirmation of the other for w'*' he had beene question'd, & to publishe it w"'[out] the knowledg of the Archbishop, others did thinke it strange, the lenitie ofthe Archbishop, that he would pass vnpunished such an indignitie to his place, his person likewise being iniur'd in the fact, but those that look't more narrowlie conceav'd one reason for both these, & both that bouldness in the one, & remisness of the other by command, againe the admonition given, though grave, was neither represive, nor directing, being but made in generalis, Sc that by way of supposition Sc hypothesis, w'*" hardlie answear'd the expectation that was had. but this also was imagined the same power of influence had wrought, K[ing] J [ames] was knowne then secretUe to support him. the Archbishop did confess that hewas twice w"'/ the K[ing] sent for in that business. Page 58. w''' being opend, few men did after doubt by whom that sceane was made, yet it seemd strange to some that K[ing] J[ames] should soe affect him. his doctrines being oppos'd to the decisions made at Dort, & that Synod being soe honor'd by the K[ing], of w'"" he assum'd the patronage, & somuch gloried in it. this man being op- So NEGOTIUM POSTERORUM. posit, ex dlametro, to that, Sc his bookes likewise casting divers aspersions on the K[ing] as wiU hearafter be obfervd, manie did wonder how these things could agree, w""^, as a secret rested vpon a higher principle, but this report being made, the hpuse againe resumd the cognisance of that matter to themselves, & referd the examinations of the bookes to the Com"' for religion, this past the first daie of Julie, the fourth the king's SoUicitor did exhibit an answear to the greivances formerUe complain'd of to K[ing] J [ames] w^*" because they doe express much of reason of that time, & the inclination of the State, we will perticularlie heer insert them, as we have done the greivances elswher, noting onlie but the heades that were Page 59. complain'd of for the better iUustration of their answears./ I. against the patent for the plantation of new England. ans. it shalbe free for all the Kings subiectes to performe their fishing voyages, vpon that coast, yeilding a reason able recompence to the patentees for their wood and timber, & if anie thing in the patent be against lawe it shalbe amended. 2. against the incorporation of gouldwire-drawers. ans. the patent is in the clarke ofthe Parliament his hands, & is not vs'd; &his Ma"' is well pleas'd that it be recal 'd by course of lawe, if they will not voluntarilie surrender it. 3. ag'' the patent of concealments granted to S'' John Townshend. ans, the patent is delivered to the dark of the ParUament, Sc it is not vsed ; &¦ if it be thought fit to be revok't by bill, his Ma"' wiU pass it. NEGOTIUM POSTERORUM. 4. ag'' hcences cal'd breifes. ans. his Ma'" hath commanded none to be granted/ but Page 60. vpon certificat in open Sessions, Sc that such certifi- cats shall not be made, but vpon iust cause, & that the same be alwaies one. 5. ag'' the patent of apothecaries. ans. if anie thing in these letters patentes be amiss in the manner & forme, his ma"' leaves it to the Parliament to be reformd by biU : but because it concernes the life & health of his subiectes, he doth not think it fit, it should be left w"'out goverment in the meane time. 6. ag'' S"" John Mildrams patent of the light of winter towness. ans. this- light is vsefuU Sc necessarie, but if the tax be too great, he wisheth it may be moderated, w'*" he refers to the advice of both the Houses. 7. ag'' S"' Symon Harvie. ans. the particular abuses have been examined Sc the com positions w"*" were the ground of the mifdeameanoure are set at large. 8. ag'' grantes ofthe Cuftodie of Jailes to other/ then Page 61. Sheriffes. ans, the sheriffes shall according to lawe have the custodie of Jailes in those places w'^'' are in the king's hands, & all grantes to the contrarie are left to the lawe. 9. ag'' the patent of Surveyorship of new-casteU-coales. ans, this patent hath had noe continuance from his Ma'", & the vaUditie of it is left at the lawe 10. ag'' y' multitude of popish Sc seditious bookes. M 82 NEGOTIUM POSTERORUM. ans. a proclamation was latelie made to reforme the abuses in this kinde, which shalbe renew'd. II. ag*' the proclamation for buildings. anSi ther hath much good come by the reformation of buildings, & such pointes as were formerUe found in convenient are now qualified & altered, and his Ma"' is resolved to goe forward w"" the work. 12. ag"D^ Anian./ Page 62. ans. when they of the coUedg doe complaine to his Ma"°, his Ma'" will take care of them. 13. concerning the instructions ofthe Courtes of wardes. ans, his Ma"' will recaU the. last inftructions & waU estab lish new according to the[ir] desire, 14. ag'' the marchant adventurers, (w* part of the petition consisting of divers articles, they had these severall answears). ans. I, the trade of cloth is quickned & noe complaint since the last year, 2. the maine causes of the decay are remov'd, dyed & drest clothes may be vented by anie other to aU places, except those limitted to the marchant adventurers ; new manufactures by anie other to anie place. &if white clothes be not bought bythe adventurers anie other shall have leave to buy them, 3, the imposition laid by the Marchant adventurers is abated & limitted to a shorter time, & after wards to be laid by. 4. his ma"' wiU write to his Ambassadors w"" the Archdutchess Sc States concerning the burdens laid vpon cloth in those partes. NEGOTIUM POSTERORUM. 83 5, his Ma'" hath not time to examine the/ preter- Page 63. mitted Customes, but leaves it to the next Session, 6, the ffees of the custome house shalbe regulated Sc tables appointed, 15, concerninge the complaint of the Levant Marchantes, ans, the imposition is not new, nor more then was in QJueen] El[isabeths] time. Sc the Venetians offer to bear it, soe as they may bring in their commodities, -w^^ they wiU doe in English bottoms, w"*" takes away the pretence of overcharge. 1 6. ag=' the patent of Pennie & Gennie. ans, this patent is delivered into the handes of the clarke of the Parliament, Sc is left to the lawes. 17, ag'' the abuse of alnage, ans, the abuses of the deputie alnagers are directed to be re formed by speciaU limitations, 18 concerning perpetuana's & searges. ans. the rates vpon the searges & perpetuana's have beene complaind of by the westerne marchantes Sc are moderated to their content. ig. ag'' the abuses of prisage./ ans. prisage shall not be taken but according to the rule of Page 64. iustice.' 20. concerning cloth workers. ans. his Ma"' leaves it to the Pariiament to consider what is to be done therin. 21. concerning tobacco. ans. his Ma"' hath prohibited aU foraigne tobacco & none is to be imported but of the growth ofhis owne dominions. 84 NEGOTIUM POSTERORUM. 22. concerning the East Land Marchantes. ans. the marchantes doe give way that anie other may bring in necessaries for shipping & timber, 23. concerning the impositions vpon currance. ans, the Venetians are contented to bear this charge soe they may have the importation, Sc they wiU bring none but in English bottoms, divers exceptions were made at manie of these answears, & little satisfaction vpon aU ; but the occasion & complaint being of former time, this was accepted for the present, though the hope & expectation w'*' was had, from thence foorth did decline. The sickness was then risen to a grpat infection & mortalitie, noe part of the citie did stand free./ Page 65. divers fell dead downe in the streetes. all companies & places were suspected, w'*" made all men wiUing to remove, & those of the Parliament more readie to shorten & ex- pedit their business, to that end the petition for religion was then speeded, & imparted in a conference to the Lords, who therin concurring as the mutuaU act of both, it was in this forme presented to the K[ing], Most gratious Souvraigne It being infalUblie true that nothing can more esta blish y"' throne & assure the peace Sc prosperitie of y'' people then the vnitie & sinceritie of religion ; we y'" Ma"" most humble & loiall subiectes the Lords spirituaU & temporall, Sc Commons in this present Parliament assembled, obferv ing that of late ther is an apparant mischievous increase of Papistes in y' dominions, hould our selves bound in con- NEGOTIUM POSTERORUM. 85 cience & dutie to represent the same to y' Sacred Ma'", togeather w"" the dangerous consequences, Sc what we con- ceave to be the principaU causes therof, & what may be the remedies./ the dangers appeer in theise perticulars. Page 66. I. their desperat ends, being the subversion both ofthe Church & State ; & the restlessness of their spirites to attaine those endes ; the doctrine of their teachers & leaders perfuading them that therein they shaU doe God good service, 2, their evident Sc strick't dependancie vpon such forraigne princes as noe waie affect the good of y"' Ma"' & this State, 3, the opening a way of popularitie to the ambition of anie wr'*' shaU adventure to make him self head of soe great a partie, the principaU causes of the increase of papistes are these, I . the want of due execution of the lawes against Jesuites, seminarie preistes, & popish recusantes, occasioned partlie by connivence of the State, partUe by some defectes in the lawes themselves, Sc pardie by the manifould abuses of officers, 2, the interposing of fforraigne princes by their Ambas sadors & agentes in favor of them. 3. their great concurse to the Citie, & their/ frequent con- Page 67, venticles & conference ther. 4, their open Sc vsuaU resort to the houses & chappells of > fforraigne Ambassadors. 5, the education of their children in Seminaries & houses 86 NEGOTIUM POSTERORUM. of their religion in fforraigne partes, w'"* of late haue been greatlie multiplied & inlarged for entertayning ofthe EngUsh, 6. that in some places of this yr Realme your people are not sufficientUe instructed in the knowledg of true religion, 7. the licentious printing & dispersing of popish & seditious bookes, 8. the imploiment of men ill affected in reUgion in places of goverment, who doe, shall, or may countenance the popish partie. The remedies against this contagious & dangerous disease we conceave to be theise ensuing. I. that the youth ofthis kingdom be carefuUj educated by able & religious schoolmaifters, & they be enioyned dilUgentUe to cathechise & inftruct their schoUers in the groundes & principles of religion. & wheras by manie complaintes from divers partes of this kingdom Page 68. i* doth plainlie appeer that sundrie popish/ school- mafters dissembling their reUgion, have craftilie crept in, & obtayned the places of teaching in divers coun tries, & therby infected & perverted their schoUers, & soe fitted them to be transported to the popish semi naries beyond te Seas, that therfore ther be great care in the choice Sc admitting of Schoolmafters, & that the Ordinaries make diligent enquirie of their demeanors, & proceed to the removing of such as shalbe faultie or iustlie suspected. 2. that the Antient discipline of the two Vniversities be NEGOTIUM POSTERORUM. 87 restored, being the ffamous nurceries of Utterature Sc virtue. that speciaU care be taken to enlarge the preaching of the word of God through aU the partes of y' Ma"" dominions as being the most powerfull means for the planting of true reUgion, Sc rooting out ofthe contrarie. to w* end, amongst other things, may it please y'' Ma"' to advise the Bishops by ffatherlie intreatment & tender vsage, to reduce to the peaceable Sc orderlie service ofthe church such able ministers as have/ beene Page 69. formerUe silenced, that ther may be a profitable vse of their ministrie in these needfull Sc dangerous times. & that non-residencie, pluralities, & commenda's may be moderated : wher we cannot forbear most humbUe to thanke y"' Ma"' for diminishing the number of y'" owne chaplaines, nothing doubting of y'' like princelie care for the weU bestowing of yr benefices, both to the comfort of y'' people Sc to the encouragement of the Vniversities, being fuU of grave and able ministers vnfiirnished of livings. that ther may be straight provision made against the transportation of Englishe children to the Seminaries beyond the Seas, Sc for recalling of them, who are 'ther alreadie placed, Sc for punishing of such your subiectes as are mayntainers of those Seminaries or of schoUers ther, considering that besides the seducing of y"^ people, great summs of monie are yeerlie expended vpon them to the impoverishing of this kingdome./ that noe popish recusant be permitted to come w"'in Page 70. NEGOTIUM POSTERORUM. the Court vnless y^ ma"' be pleased to call him vpon speciaU occasion, agreeable to the statute 3° Ja. cap 5. & wheras y"" ma"' for preventing of manie apparant mischeifes both to y"^ Ma"' & this State, have in y"" princelie wisdome taken order, that none of y"" naturall subiectes not professing the said true religion by lawe eftablished, be admitted to the service of y^ most roiall consort the Q_[ueen], we give y^ Ma"' most humble thanks, & desire that y'' order therin may be constantlie observd. 6, that all the lawes now standing in force against Jesuits, Seminarie preistes, and others, having taken orders by authoritie derived from the Sea of Rome, be put in due execution. & to the intent they may not pretend to be surpris'd, that a speedie & certaine daie be prefix't by y'' Ma'"' proclamation for their de parture out of this realme, Sc all other your dominions. Page 71. & not/ to returne vpon the sevearest penalties of the lawes now in force against them. & that y"" Ma"" subiectes may be therby also admonished not to receave entertaine comfort or conceale anie of them vpon the penalties w'*" may be lawfulUe inflicted. & that all such preistes, Jesuites Sc popish recufantes convicted w'*" are or shalbe imprisoned for recusancie, or anie other cause, may be strictlie restrained, that none may have conference w"" them, therby to avoyd the contagion of their corrupt religion. & that none that shal be iustly suspected of poperie be suffered to be keeper of anie of y'' Ma'"' prisons. NEGOTIUM POSTERORUM. 89 r . That yr Ma'" be pleased to take such order as to y"' princelie wisdome shall seeme expedient, that no naturall borne subiect or stranger Bishop, or anie other by authoritie derived from the Sea of Rome, conferr anie ecclesiasticke orders, or exercise anie ecclesiasticall function what soever towardes or vpon any of y' Ma'"' naturaU subiectes w"'in anie [of] your dominions./ 8, that y'' Mat"' learned councell may receave order & Page 72. commandment to consider of all former grantes of recusantes landes, that such may be avoyded as are made to they[se] recusantes vse or trust, or out of w* they[se] recusants receave benefit, w''' are either void or voidable by lawe, 9, that y"^ ma'" be likewise pleased straightly to command all iudges Sc ministers of iustice, both ecclesiasticall Sc temporaU, to see the lawes of this realme against popishe recusantes, to be dulie executed, & namelie, that the censure of excommunication be declared & certified againsr them, & that they be not obsolved but vpon publicke satiffaction by yeelding to con- formitie, 10, that y"^ ma"' be pleased to remove from all places of authoritie & goverment aU such persons as are either popish recusantes or, according to direction of former Actes of State, iustlie to be suspected. II, that present order be taken for difarming of all such popish recusantes legaUie convicted/ or iustlie suspected. Page 73. according to the lawes in that behalf, Sc the orders N go NEGOTIUM POSTERORUM. taken by his late Ma"" privie councell vpon reason of state, 12, that y' ma"' be also pleased in regard ofthe great resort of recusantes to & about London, to command that forthw"" vpon paine of y' indignation & severe execu tion of the lawes, they retire themselves to their severall countries, ther to remayne confined w"'in five miles of their dwelUng places. 13. & wheras yr Ma'" hath commanded & taken order that none of y' naturall subiectes should repaire to the hearing of Mass, or other superstitious service, at the chappell, or house of forraigne Ambassadors, or anie other place whatsoever, we give y' ma'" most humble thankes ; & desire that y"" commandment & order therin may constantlie be observed ; & that the offenders therin be punished according to the lawe. 14. that aU such insolencies as anie popishly affected have Page 74. latelie committed, or shall/ heerafter committ, to the dishonor of our religion, or to the wronge of the true professors therof, be exemplarilie punished. 15. that the statute of primo El[isabeth] for the paying of twelve pence everie Sunday by such as shalbe ab sent from divine service in the church w'''out lawfuU excuse, may be put in due execution, the rather for that the penaltie is given to the poore by the lawe, and therfore not to be dispensed w"^. 16. Lastlie that y"' Ma'" be pleased to extend y^ princelie care also over the Kingdome of Ireland, that the Uke NEGOTIUM POSTERORUM. 91 courses may be ther taken for restoring Sc establishing of true religion. And thus moft gratious Soveraigne according to our dutie Sc zeale to God & religion, to y' ma'" & y"' saftie, to the church Sc commonwealth, & their peace Sc prosperity, we have made a plaine & feithfuU di- claration of the present estate ; the causes, & reme dies of this increasing disease of poperie/ humbUe Page 75, offering the same to y' Ma"" princlj care and wis dome, the answear of y"' Ma"" ffather our late Sove raigne of famous memorie vpon the Uke petition, did give vs comfort & expectation of a reformation in these things ; but y' Ma"" manie gratious promises, w'"" w"" much ioye & thankfulnefs we doe remember, doe give vs confident assurance of the continuaU per formance thereof In w"^^*" comfort and confidence reposing our selves, we most humblie pray for y' Ma"" long continuance in aU princelie felicitie, this petition was presented by a Com'" of both houses consisting of the number of of the lords & of the Commons, who in aU such speciali meet ings & Com"" alwaies observe that differenc, that what euer- the number be of Lords their proportion is stiU double it, w* is a fundamental! order of their house, not w"" out wisdome in the institution soe appointed, not w"" out profit practised on all occafions, Sc, as it was at other times, soe foUowd now in this, the petition being deUvered had noe answear for the present, but a benigne/ gratious .accepta- Page 76, tion, the rest, as it was requisit for the state & ma'" of the 92 NEGOTIUM POSTERORUM. prince, & for the weight and importance of the cause, that some time of consideration should be given it ; being re ferd to hope & expectation, all men were therin satiffied that the worke was soe accomplisht, & for success some men -presum'd the best, the next thing w'"" remayn'd was the bill for the two subfidies that were given, w"" likewise being past the house of Commons, & that intimated to the K[ing], it produc'd a message from his ma'", w"^"" shortlie after foUowd it, that gave a generall hope & confidence of a speedie conclusion Sc recess, the message was delivered by the Lo, Keeper, the K[ing] being then retir'd to Hampton Court from the danger of the infection ; & it came as addrest to both houses, that his ma'" receav'd great satiffaction & con tentment in their guift, both for the forme & matter, it comming as an ernest of their loves, that he tooke into confideration their safties, yea more then his owne in respect of the danger of the sickness still increasing ; & that, when he should hear the Commons were readie, though he would not hasten them in anie thing, he would not defer one minute for anie reason to putt an end to/ Page 77, that sitting by his presence or otherwise, this message & the time wrought soe effectuaUie w"' all men as what they desird, [that] they easilie did beleeve, & thervpon dispos'd themselves presentlie to retire, their grant they sawe accepted, & aU thinges left to the difcretion of the house, the business then depending was not much, new they presumd would not be receavd ; those NEGOTIUM POSTERORUM. 93 kw questions that remaynd were of noe great importance & most of them but formaU, soe as they now conceavd noe necessitie of their presence, & that their non-attend ance was dispensable, in this confidence the greatest part went off, hardlie were the Commons a fourth part of their number, & those that staid, resolv'd, w"* all the hast they could, to foUowe those were gone, to that end they tooke a survey of their business, in the first ranck they plac'd the bill of tonnage Sc poimdage, w'*" then remaynd imperfect, & to this they gave the first confideration for dispatch, & soe a second reading, it was drawne in the vsuaU forme, as formerUe it had beene in the daies of K[ing] J [ames] for the like terme of life, & in such latitude as to him ; at w'*" some exceptions were then made, & motions for change & alteration, vpon -•ff^j it was referd for the better Page 78, difcussion Sc debate to the grand Com"' of the house, into w'^'', the Speaker leaving his chaire, they presentUe resolvd themselves, some did obiect, in that, the exactions of the officers, & the inequalitie of the customes then requird, & vrg'd theron a necessitie for the marchantes to have a new booke of rates, to settle Sc compose it, w'** could not be pre par'd in soe short a time & sitting, others aUedgd the pretermitted ciiftomes, grounded vpon the misconstruction of that lawe, w** ought to be exam ind likewise, Sc the lawes that then remayn'd were thought to be incapable of that worke. therfore on these reafons they inferd a desire for a limitation in the act, & that it might but continue for one year, against w'*" time, these difficulties being re solvd, they might againe renew it w* a larger extenfion 94 NEGOTIUM POSTERORUM. Sc continuance, others to this added the question of im positions in the generall & cravd a special! care not to have that excluded, the elder times were mention 'd to note the former grantes, wherin though ther were coUected a great varietie Sc difference, yet all were w"'in the limitation of Page 79. some years : sometimes for one, sometimes for two,/ but seldome above three, & that in y' best raignes & gover- mentes & to the wiseft princes ; never for life tiU towardes the end of H[enry] 6. in whose beginninges also it had had other limitations & restraintes, & for the time a less extent & latitude, vpon w'*" Ukewise it was concluded, for a pre sent alteration in that pointe. the King's Councell opposd this w"" much soUicitation & indeavor, & vrg'd the distast it might occasion having somanie descentes held constant in that forme ; all the raigne of K[ing J[ames], all the raigne of Q__[ueen] El[isabeth] & soe to Q_[ueen] M[ary] E[dward] 6. H[enry] 8. H[enry] 7, & beginning in that raigne, not the most deserving of all others, of H [enry] 6. the hopes & merittes of the K[ing] were compard w"^ all his ancestors & it vras prest as a preiudice therin if the grant should then be limitted, having beene absolut to the others. It was consented that a proviso should be added for the saving of those rightes : but in other things it was cravd wholie to be free, that the K[ing] might not thinke himself lessend in estimation, this argument was much forc't for the perswasion of the house, as after it was doubted to be elswher made their preiudice : but it pre vail'd not against those other considerations that were rais'd. Page 80. vpon/ w"^"" it was concluded for a limitation Sc restraint. NEGOTIUM POSTERORUM. 95 the biU thus past that house had it's transition to the Lords, wher it receavd Uke favor & dispatch but was not made a lawe, wanting the Roy le vult, w"^*" being denied it, shewd what muft be look't for. the next to this was the great question that was followd of the election made for yorkshire. it had from the first day o'th sitting beene in eontinuall agitation till that time. divers examinations Sc debates it had receavd in the Com'", severall reportes & motions in the house, a great disturbance it had beene to the whole business of either; a fierce spirit, it raisd almost in all the members, some in affection to the parties, who had drawne an inclination to their side, if it may be supposd in the integritie of that Court ; & others in dislike of the practise that was vs'd. that by sharp argu mentes, it had manie times beene handled, w"^*" from the cause had now Sc then some sallies on the persons, & ther begatt distasts. the case, in short, was this, ther being a great emulation in the Countrie for that choise, a great concurse foUowd/ it at the Countie Court in yorke. the Page 8x. confusion being great, through the multitude of voices, ther was noe way of iudgment by the crie, & the venie was more vncertayne. the poll, w"^*" is the touchstone in such cases, was the onlie means of triaU ; w'*" being demanded by Savill & his frinds, granted by the Sheriff, Sc follow'd in a part, was after interrupted Sc left off, & the iudgment & decision made w"'out it. this was the case in breife, vpon w'*' it was obiected that the Sheriff was wholie Wentworth's, that he neglected in his favor, that dutie of his place to have proceeded in the poU, when he dif- 96 NEGOTIUM POSTERORUM. cernd & sawe SaviU was like to carrie it ; that being demanded it at first, w"' much difficultie he admitted it, & pretended it a curtesie not a due. that contrarie to aU right, having assum'd the iudgment to himself, he pronounc't the choise for Wentworth, wheras the other had more voices, double as was pretended, this suggestion & complaint, was fortified by certificat from the Countrie, vnder the hands of a hundred Sc fiftie of the freeholders & seven witnesses, viva voce, did attest it, infinit had beene the Page 82. practifes/ of the others to decline this cause & question, divers delaies were vs'd to prevent it by the time, all the artes w* Northerne poUicie could invent to gaine advantage in the carriage, w'^'^ by the other were opposd w'" noe less care & diligence, who, knowing those paths of subtiltie, followd the hunter in his trayne, Sc being more beaten to the waie, in his owne trap enfnar'd him. at the first hear ing 'twas pretended by the Elect, that the complaint was onlie of the Sheriffe, & he therfore must iuftifie his fact. to that end was desir'd a time for his apparance to make his apologie Sc defence, that being granted [a] fortnight was spent therin for expectation of his comming, who affecting not the service, made noe hast, being at length convented, he answeard negatively to some things, dilatoriUe to others, vncertainlie to all, that little truth could be gatherd from his words, less content & satiffaction from him self, he utterly denied Savill's pretence of voices, & on the contrarie affirmd, that in his iudgment theother had farr more, ffor the difficultie in granting of the poll, he excusd it by a reason of the time, & said it was NEGOTIUM POSTERORUM. 97 past eleven before the demand was made, ffor the inter ruption he confest it was done as was alledg'd, five & thirtie/ being number'd it was proceeded in noe further: but the Page 83. occafion he imputed vnto SaviU, Sc that for two reasons. first wheras for the more perfitt carraage of the poll, the freehoulders w'*" were present at the reading of the writ, were all drawne into the caftell yard, Sc ther inclosd be tweene the gates, those that were sworne & numbred being let out at the posterne, w*^*" was done to avoid confu sion and disorder & the abuse of such as might at severall times present themselves, & soe diversUe be reckon'd ; SaviU in this proceeding breaking open one of the Gates let in divers of his partie, that were newlie come & heard not the reading of the writ, who, as he thought had no interest in the election, but were a disturbance to the course and due order they were in. the second reason was that Savill raifmg a report amongst the freeholders that the poll would last divers daies, gave therby such a difhartninge to the companie, as the gates before being open'd manie did depart for fear of long attendance ; w'*" being knowne, he conceav'd it to be an interruption to the worke, vpon that left off the poll, & as in a case of much clearnefs as he thought on the behalf of Wentworth, both by the veiw & hearing/ he assumd the iudgment to him self; for confir- Page 84. mation of all w''' he desir'd a new libertie for proofes. this againe made another protraction and delaye, w'^'' was an advantage of some hope, the charge of y' prosecutor in attendance made some satiffaction in the pointe. the dailie increase o'th sicknefs shortned the expectation of the o 98 NEGOTIUM POSTERORUM. sitting, all the imploimentes of the parliament were contracted for dispatch, w''" promisd more then vsuall hast & brevitie, Sc therein was implied a possibiUtie to preserve them, a high affection was difcernable in the pointe ; & for this onUe was that prodigious motion the first daie. somuch corrupted are some harts in the sence of their per ticulars as for their privat humors all publicke interefts are postposd. this delay being granted, brought forth nothing but another ; when that libertie was expir'd, noe witnesses appeering for the Sheriff, the Elect then interposes for himself libertie on his part was then requird also for defence, & a new time for witnesses, pretending great con fidence in his right ; and aUedging, that the Sheriff, being faultie in his proofs, ought not to preiudice his cause, but Page 85. as theother had, soe to him belongd a hearing./ much trouble this occasion'd in the deliberation of the house, some did obiect the cleerness of the proofe w*^"" the other side had produc'd being affirmatlie Sc perticular. & that the poll being demanded in due time & interrupted by the Sheriff, though the maior part of voices might be doubt ful!, was enough to avoid the election & returne, though it concluded not another ; & therfore they might w"" saftie pass to judgment, others to the interruption did alledge that the excuse was infufficient ; for noe man was compellable to be present at the election, all had free libertie to depart, againe noe power might be supposd to force an interruption on a Sheriff, who had the whole power o'th Countie; therfore in that respect ther was noe reason to delay. Wentworth to this makes a protes- NEGOTIUM POSTERORUM. 99 tation for himself, but by more heard then credited, that he affected not delaie in contemplation of himself, but de- fir'd onUe legalUe to be heard, & that for the honor of the house, he vrg'd therfore, after a large narration ofhis cause, that it might be either granted or denied : if granted, that he might haue counsell to defend it; if otherwife, that by witnesses he might prove it, w'"" being the common rule of Justice, he expected in that Court Sc should/ therin Page 86, accordinglie applie himselfe, this being seconded & en forc't, drew on an order for that time, that he should state his case in writing, deliver it to his adversarie, & he at the next sitting to give his answear thervpon, this though desir'd, was noe satiffaction vnto Wentworth, who came vnwiUingUe soe neer the determination ofthe question, Sc that but to prevent the present decision w''' he feard. he would faine haue kept at distance vpon the points of ex amination Sc defence : delaie and procraftination was his hope ; manie things by that might occurr to worke his safetie ; divers are the intervenients of time, the remotness of his witnefses was a faire pretext for this, if that occasion had beene granted him : but now that opportunitie de pending vpon the difcreation of his adversarie, his hopes therin were lessen'd and what he had movd himself, him self againe repented, but the direction must be followd, & the case set downe in writing, w'^*' being given to Savill, he foorthw'*' resorted to the house, Sc ther desir'd in some few things a hearing, being admitted, he made a short apologie for himself vpon the trouble of that cause, that it had soe long/ beene an interruption to their business. Page 87. NEGOTIUM POSTERORUM. that though he had small time for consideration of the case, as it was then in writing, it being deliverd him but late the night before ; yet he did then accept it for conclusion of the worke, & to prevent their further trouble in the businefs. two things onlie he desir'd, that the paper w'*" was given him w"" out name, might by his adversarie be subscribd ; Sc that he might avowe, vpon his reputation in that house, somuch as concemd his knowledg to be true, & that the rest he thought soe. this begot new difficulties in Wentworth, who then suspected the issue of his artes ; nothing he firft doubted less then admission of his case, supposing the ielosie of his adversarie would haue made him fight at distance; but he that was his countriman and his equall, seeing the advantage readilie, closd presentlie vpon him in that grant & by concession of the case, surprisd Sc soe difarmd him. then againe he would haue flowen off to delaie & desird his witnesses might be heard to prove the pluralitie of voices, w"*" was denied him by the other, but the question being stated by himself, and that depending meerUe vpon the demand Sc interruption of the poll, the other was impertinent. wherfor his protestation was requird, w'*" though vn- Page 88. wilUngUe/ was fhade, & the house went on to iudgment. nothing did differ in this case from what was pretended by the Sheriffe. the interruption obiected vnto Savill was but vpon the rumor he gaue out, or for [from .?] the open ing of the gate, the demand supposd vnseasonable appeer'd otherwise by the proofes, & was implicitlie confest by the practise of the Sheriff, wheron some opinions being given NEGOTIUM POSTERORUM. that did declare against him, a new motion interpos'd for his councell to be heard, & soe diverted that course of re solution, much opposition was in this, the question being offect ; a great contestation it begott, even to the division of the house ; vpon w"^*" it being overrul'd, & the debate resum'd againe, a new interruption it receavd by a new motion for himfelf once more to be heard before they went to iudgment. great labor was for this, & as great care to stop it, intending but delaie. against him was obiected the long time hehad had from the beginning of the Parliament, the often hearing he receavd att the Com'", in the house, wher his whole defence was knowne. that before he was w* drawne to give waie to the debate, as in all such cases it was vsuall, he had a fuU libertie to express himself, & his whole apologie w^s heard ; / nothing could be added but Page i protractation, w''' would be a further iniurie to the house, & therfor was not to be admitted or receavd. vpon this it was soe resolvd, & the debate proceeded ; when contrarie to the flmdamentall orders of the house, by w'"' noe man may be present, at the agitation of his own cause, Went worth came in confidentlie to his place, & gaue occafion to him that w^as then speaking to make this saUie on that fact, & from the question then in hand to reflect vpon the privi ledg, w'*" thus was done for the preservation of that iewell. M' Speaker, the violation of our rightes may be well excusd by others, when they suffer violation by our selves, when our owne members practise it, when they shaU doe it in contempt, in the heigth of scorne & iniurie, strangers and forreigners may be pardon'd. NEGOTIUM POSTERORUM. who have ignorance to plead for them ; all their attempts & actions being not soe preiudiciall as our owne. if we admitt the dishonor of our selves, how then shall others value vs ? & if we admitt a dishonor by Page 90. our members, how/ shall we avoid it in ourselves ? a greater dishonor and contempt this house has noe time suffred, then what does now affront it. to be excluded by a fundamental! order ofthe house, soe well knowne to all men, & that soe latelie vrg'd by him that now does breake it ; to be debarrd on question, by a perti cular act & rule, & yet to intrude against it, what is it less then to bid defiance to y'' power, & a ferewell tp y"" priviledge ? should I compare it, it could have no paralell but that Roman's againft whom Cicero does inveigh, in senatum venit, he comes into this Senat, but w"" a wiU to ruine it ; for soe I must interpret the intention of that act, that would deftroie the priviledge. but did I say it was a member did it ? I must retract that error in the place, or be fals to the opinion w"" I have ; for either by the election he pretends, or for this act & insolence, I cannot hould him wortMe of that name, & soe, (involving both questions vnder one) as a full determination of his Page 91, case, let/ vs from hence expell him, this made him presentlie remov'd, & quickned the reso lution of the house ; w'"' for the interruption held the obiection to be frivilous ; Sc for the demand, it was observd that the Sheriffe's act confirm'd it, besides the proofes that NEGOTIUM POSTERORUM. 103 were produc'd, being affirmative, in the pointe ; soe as the whole act of the Sheriff was condemned & thervpon the election adiudgd void ; w''' after somuch trouble Sc labor it had had, was the decision of that case, it may be wondred why we haue so farr travaild in this question, & in soe small a matter made soe perticular a relation ; but it being the occasion of greater things to come, wee thought it not vnnecessarie the more carefuUie to express it, that the power & influence may be seene of such small Starrs, Sc planets, from whenc great workes, as Tacitus has observd, often receave originaU, yet in the case it self, besides the art and carriage, the reason and decision are most profit able ; for they doe shew what is the dutie in Uke cases, & how the vse directes it, that the poll in such elections being requir'd w"'in the howers/ the statute does direct, w'*" is. Page 92. from the reading of the writ, at anie time before eleven (for the printed books are falsified in that w'"" in figures make it ix, putting the / before the x, wheras the roU and originaU has it otherwise, the i being following of the x) the poU soe demanded, noe pretence or interruption may excuse it : that aU that come while the election is continu ing though not present at the reading of the writ, haue their free votes & suffrage, w"^"" shews the libertie of the Commons in the act of such elections, and the great care of Parliament to iustifie and preserve it, in w'^ yet, noe man is compellable to attend, the maior part of Courtiers in this question banded maynUe against Wentworth, wherof he retaind a memorie; and others, that for pure reason did oppose him, he forgott not. the effect & 104 NEGOTIUM POSTERORUM. operation followd after of the sence he then contracted, w'*" from that sparke did rise to a great flame and burning. ther was in that gentleman a good choise of partes, naturall and acquisit, & noe less opinion of them, a strong elo quence he had, Sc a comprehension of much reason, his arguments were weightie & acute, & his defcriptions ex- Page 93. quisit. when he would move his hearers/ w"" the appre hension of his sence, he had both acumlna dictorum, Sc ictus senf'iarum to effect them, his abilities were great both in iudgment & perswasion, Sc as great a reputation did attend them, but those manie and great virtues, as Livie sales of Hannibal!, as great vices paraleld, or rather they were in him as Cicero notes in Cataline, signa virtutum, formes of virtue onlie, not the matter ; for they seldome were directed to good ends, & when they had that color, some other secret mov'd them, his covetousness & ambition were both violent, as were his waies to serve them, neip in pecunia, nef in gloria concuplscenda, as Crassus is render'd by Paterculus, aut modum novit aut caplebat terminum. Sc those affections rais'd him to somuch pride and choler, as anie opposition did transport him, w'^'' render'd him less powerfull to his adversaries wher the advantage was fol low'd and perceav'd. Ther were two other cases ofthis nature, that had their determination about that time : one of S'' WiUiam Cope, who having beene a member of the former Parliament, in time of prorogation was arrested & taken in execution. Page 94. Sc after, by habeas corpus going abroad, againe elected/ & return'd a burgess for Banburie. the question in this was NEGOTIUM POSTERORUM. ,05 double, whither he were w'4n the priviledg of Parliament in time of prorogation, Sc soe the arrest then void ; & whither, being new chosen while he was in execution, the obiection should be good, both waies it was negativUe resolv'd. for the first, that the prorogation gives not pri viledg, as an adiornment, fiirther then the sixteene daies after for regress, for the second, that he being in execu tion was not eligible, bicause his enlargment would by lawe deprive the creditor of his debt, whervpon ther issued a warrant from the house for a new election to be made. the other case was of M'' Basset in Devonshire, who had two yeers beene a prisoner vpon originall & meane process arrefted for soe great a summe as noe man dar'd to bayle him, & being chosen a burgess for that Parliament was admitted & set free. I mention these cases to shew their different iudgmentes, & the rules of proceeding in that house, w''', as they are exact to preserve the pubUcke interestes, are curious also & instructive for the privat. iustice in all being the ground on w'^'' they build, though the first stone & foundation be their priviledge./ Mount- Page 95. ague at this time was attending, Sc cald to examination in the house, wher for the iustification of himself, he alledged a warrant of K[ing] J [ames] for the first booke he printed, that being sent for by the Archbishop, the K[ing] then tould him Ukewise, he should chuse whether he would goe to him or noe, that for his second booke, he had the like warrant & authoritie, that vpon the veiwe ofhis tenetes Sc opinions therin, the K[ing] swore, if that were to be a papist soe was he ; whervpon he recommended p io6 NEGOTIUM POSTERORUM. it to D''. White, who by his censure did approve it, as was extant w"' the worke. this confession being more con fident-then ingenuous begott new ielosies in the house; for his ould patron being dead, it could not be imagin'd he should assume that bouldness of him self divers did wonder at it, who had fil'd their sails w"" hope, Sc yet, dif cernd not that the windes were turnd against them : but the more wise observ'd it as a constellation that was omi nous, Sc therfore the more carefulUe did studie to prevent it in the effectes. his bookes to this end were considered, w'"" had large matter of exception, besides the doctrines Page 96. they impUed/ (for the dispute of them, as noe fitt subiect for the ParUament, the wisdome of the Commons did de cline) besides his innovations in the doctrine, w'*" for another censure was reserv'd, divers of scandali were deduc'd, to the difhonor of the K[ing], the disturbance of the State, both for the church & goverment, Sc in derogation of the Parliament, for contempt of the priviledge Sc iurifdiction of that house, & in preiudice ofthe whole, instances were cited in aU these, & first for dishonor to the K[ing], his vphoulding the opinions of Arminius was observ'd, which the K[ing] labord somuch to suppress; w^'' labor was apparent in three maine actes Sc principles ; first, by his writings, in w'^'' he termes Arminius an enemie to God, & Bertius his scholler, for his booke, de apostasla sanctorum, an hereticke ; secondUe, by procuring the Synod at Dort, & favoring & approving their decrees, at w'** his owne divines assisted ; thirdlie, by sending the articles of the Church of England into Ireland, vnder the NEGOTIUM POSTERORUM. 107 great seale & teste & to the 38"" of iustifying faith, wher it is said that it cannot be lost, adding for explanation (totaUie Sc finalUe) w'*" was intended in the sence Sc meaning/ of page 97. the article, by all w'*" he indeavor'd the suppressing of those doctrines w* the writings of Arminius would bring in, therfore the contrarie, w"^*" by Mountague was affected, in fer'd a dishonor to the K[ing]. the second pointe of disturbanc in the church Sc state in fower particulars was coUected. first his sowing of ielosies betweene the K[ing] Sc his good subiectes, terming the puritans (whom he defin'd) to be a potent prevailing faction in the kingdome. secondUe his sUghting those femous divines, who have beene great Ughtes in the church, Calvine, Beza, Perkins, Whitakers, thirdlie, his laboring to discountenanc the ministrie of God's word, terming the Lectures, by way of Ironie Sc scorne, propheticall determi nations & conventicles ; preaching prating, & the like. fourthUe, his giving incouragment to Poperie, Sc a perswa- fion thervnto, affirming Rome to be a true church, & the spous of Christ, all w'*" was noted to intend sedition & disturbanc. the third generall of derogation to the ParUa ment, Sc the iurisdiction of that house, was thus infer'd. first, that being vnder examination & complaint ther for his former booke, he publisht the second in/ defenc & Page 98. maintenance of the same. Sc then that in that second he did scandali & revile those that did prosecute on the first, who in that respect were in the protection of that house, Sc could not therin be calumniated w"'out violation of the priviledge. these observations produc'd these motions & io8 NEGOTIUM POSTERORUM. desires, first that ther might be a charge prepar'd against him, out of the matter then propounded to be tranfmitted to the Lords, then, that he might, in the meane time be committed for his contempt & iniurie to the house, & soe remayne a prisoner w"" the Sariant vntill his further punish ment, these opinions, though most agreeing w"" the house, had yet some opposition & resistance, it was first obiected against the authoritie of the house, that one Parliament had not cognisance of another, nor were the offences to a former questionable, much less punishable in a latter : but the vanitie of that argument was discoverd by the cleer light of reason Sc authoritie ; the whole course of Parlia ment spake against it, the practise of all times, the examples of all Courtes. divers presidents were cited for iUustration Page 99. in the point/ w* soone compos'd that question, others that had an incUnation to that partie (for even w"" Christ ther was one Judas in the feUowship) obiected the nature of the cause & by making it seeme doctrinal! would exclude the iurifdiction of that Court ; Sc for the doctrines like wise labord to insinuat a defenc, for that they were not by anie pubUcke act condemnd in the censure of the church : but these assoone were reiected & cast off by differenc & distinction of th'e fact, in that the pointes infifted on were but civill, for the honor of the K[ing], the priviledg of the Parliament, the peace & quiet of the State, the virtue Sc tranquilitie of the church, w'*" it was said, by ffleta were appropriat to the secular Courtes Sc magistrats. these reasons were a satisfaction to that doubt, but further it was added, that the articles being oppos'd w'*" were con- NEGOTIUM POSTERORUM. 109 firm'd by Parliament, the Parliament ought in dutie to maintaine them, vpon vv''' it was w"' out difficultie resolvd both for the Commitment Sc the charge, Sc Mountague being cald in, kneeUng at the barr, had, for his contempt, a censure of commitment/ ther pronunc't. Some by waie of Page 100. caution had propounded a cunctation in that act, for the honor of the house, least, contrarie to their meaning, it should prove, for a punishment, a preferment : but that reason was thought Ughter then the rest; w'^'' the effect Sc consequenc prov'd true, & was not punicke, as twas thought, but reall & by a right inspection of the time ; nor that by revelation but by iudgment truelie taken from the meridian of the State, w'*' had that infortunitie w"" others, to make men most obnoxious most secure, and those that were most hatefull to the publicke, to be most honor'd & esteem'd. Hitherto all things had succeeded to the intentions of that house, noe interruptions had beene raisd by the in fluenc of State, those few publicke things then treated of, had a free way of preparation, though some intimations had beene given that their conclusions would not answeare it, but those had less in credit, then of truth, and the satiffac tion was presum'd to be equall to the hope, from the con fidence of Mountague & that businefs, some seedes of ielosie/ were emergent, but noe more, aU things els had a page loi. sure shew & promise, the bill of tonnage Sc pondage was at rest in the custodie of the Lords, & noe knowledg, but by divination could be had, how it would speed after w* the K[ing]. the best was stiU expected as hope did NEGOTIUM POSTERORUM. make construction, w'^'' alwaies has an inclination vnto flatterie. But heer a cheeke came in, as distractive as vnlook't for. the D[uke of Buckingham] who was the Eolus of that time, had cast an alteration in the aer ; the windes were turnd, & aU the former happinefs must be shadow'd w"" some new clouds & vapors he had rais'd. he comes from the K[ing], who was then at Hampton Court, w"" a pre tended order for a new motion of supply, this in all hast must be performd Sc his privado's were all sent for to re ceave instruction in the pointe. this was about twelve a clock at night, at his owne house, wher, by reason of the suddainnefs & vnseasonableness of the time, manie were not present, nor such as had much iudgment, they com monUe being most attendant on such persons, who are/ Page 102. most obnoxious to their humors, these did confent in all, who studied not to counfeU but to please; & soe what affections he had brought, they did both heigthen & con firme. but in the morning when it was come to others, whose quaUtie was more knowing and ingenuous, they, as they apprehended it to be fatal! Sc prodigious, soe gave it demonstration to the D[uke]. Sc w"" aU their power oppos'd it, adding to argumentes, entreaties for the preven tion of that evill, w'"" did impplie apparantUe dishonor to the K[ing], [&] danger to him. of this number (not to deprive anie man of his due) was S" Humphry May, then Chan- celor of the Dutchie, who, having travaild w"" rauch in- dustrie in that service, but in vaine, came in great hast to a gentleman whom he thought more powerfull w"" the NEGOTIUM POSTERORU. A D[uke] Sc knew to be affectionat to the pubUcke, Sc him he importund to a new attempt & triaU for staie or diversion of that worke. it was at Westminster wher he mett him, & neer the time of the sitting of the Commons. the D[uke] was then at York house, the entercourse/ 'twas obiected, would be long, noe certaine period could Page 103. be prescribd for conference, w''' in soe great a difficultie was not likelie to be short; soe as the proposition to the Parliament might be made before the discourse were ended, & the travaile by that means fruitless and vnnecessarie. but to remove this doubt the chancelor vndertooke to stop the motion till he came, onlie he wisht him to hasten his returne, & in his talke to intimat that staie vnto the D[uke]. vpon this he makes his passage & address, & comming to York house, findes the D[uke] w"" his Ladie yet in bed; but notice being given of his comming, the Dutchess rose Sc w'''drew into her cabanett, & soe he was foorthw"" admitted & lett in. the first thing mention'd was the occasion, & the fear that was contracted from that ground, the next was the honor of the K[ing] Sc respect vnto his saftie, from both w'*" were deduc'd argu mentes of disswasion. ffor the king's honor was remem- berd; the acceptation that was made of the two subsidies w''" were past, & the satiffaction then profest, w''' the new proposition would impeach, either in truth or wisdome, &/ againe the smaU number of the Commons that remaynd, Page 104, the rest being gone vpon the confidenc of that overture, would render it as an ambuscado Sc surprise ; w'*" at noe time could be honorable towardes subiectes, less in the en- 112 NEGOTIUM POSTERORUM. ^ trance of the Soveraigne. the rule for that was noted, vt initia proveniant fama in ceteris est. the necessitie like wise of that honor was observ'd, w'''out w^*" noe prince was great, hardlie anie fortunat. & on these grounds a larger superstructure was imposd as occasionallie the conferenc did require, ffor his owne saftie, manie things were said, some more fitt for vse, then for memorie Sc report, the generaU disopinion was obiected, w** it would worke to him, not to have oppos'd it, whose power wras knowne to all men; & that the command comming by him self, would render it as his act, of w*^*" imputation what the confequence might be nothing but divinitie could iudge, men that are much in favor being obnoxious to much envie. To these, answears were returned though weake, yet such as implied noe yeelding, that the acceptation w'*" was made of the Page 105. subsidies then granted, was but in respect of/ the affection to the K[ing], not for satiffaction to his business, that the absence of the Commons was their owne fault & error, Sc their neglect muft not preiudice the State, that the honor of the K[ing] stood vpon the expectation of the ffleet, whose designe would vanishe if it were not speediUe set foorth. monie ther was wanting for that worke, & therin the king's honor was ingag'd, w*^*" must outweigh all considerations for himself this resolution being felt, was a new waie attempted, to trie if that might weaken it. & to that end was obiected the improbabilitie of success ; & if it did succeed, the greater loss might foUow it, by aUena- tion of the affections of the subiectes, who being pleasd were a fountaine of supplie, w"'out w*^*" those streames NEGOTIUM POSTERORUM. 113 would soone drie vp. but nothing could prevaile, ther being divers argumentes spent in that, yet the proposition must proceed, w"'out consideration of success, wherin was lodg'd this proiect, meerlie to be denied, this secret that treatie did discover, w'^'' drew on/ others that supported it Page 106. of greater weight & moment, shewing a conversion of the tide for the present, it gave that gentleman some wonder w"" astonishment, who w"" the seale of privacie clos'd vp those passages in silence, yet therin grounded his observa tions for the future that noe respect of persons made him desert his countrie, this labor, not mispent, had taken vp much time, two houres, at least, went into the treatie Sc discourse, w"^*" w"" the entercourse had soe wasted the forenoone as ther re mayn'd but Uttle at his comming backe to Westminster; wher the like difficultie had beene to retard the proposition for that time, it being putt (not as other messages from the K[ing] into the mouth of his councellors and great officers, wherof ther are neuer wanting in the Commons house too manie ; but) by a speciali choise, to the difcreation of another, as an indication of his preferment then at hand, who was great, in his opinion, w"" that honor & imploi ment, & labor'd, as a woman does w"' child, in desire to bring it foorth, the success being ther/ imparted, the Page 107. motion did proceed, for w'^'' ther wanted not some fitness in that instrument, the man so chosen was S'' John Coke, raisd from a lowe condition to that title by the D[uke], to him he had beene recommended by that ould courtier S"" ffoulke Grevill, vnder whom he had had his education Q 114 NEGOTIUM POSTERORUM. as a scholler, Sc soe was his service Sc imploiment ; but his conversation being w"' bookes, & that to teach not studie them, men & business were subiectes w'''' he knew not, Sc his expressions were more proper for a schoole, then for a State Sc counceU, this choise, thus fitted, thus made his entrance to that sceane, that the K[ing] not doubting their affections in that meeting, Sc taking gratiouslie for a testimonie therof the guift w'*" was resolved on, as a wel come pledge of the love, not onlie of that representative bodie of the kingdome, but of the whole (though he tooke notice of their anticipation in that businefs, & that they fell into it w"'out the intervention of anie ministers of State, w'"" he did impute to their forwardness in his service, & confidence in his favor) in correspondence Page io8. therof/ had commanded him to give the house a true in formation of his estate, & to laie before them the necessi ties he was in. that ther had lately beene disburst for Ire land to confirme the peace of that kingdome — 32000'', for the Navie (the present preparations not computed — 37000'' Sc for the office of the ordinance & fforts — 47000'', for the support of the regimentes in the Lowe Countries— 99000'', for the charge of Count Manffeilts armie — 62000'' Sc because from that last business had growne some doubtes, he was to give a more perticular accompt therin. his late Ma'" loving peace, Sc hating warr, when he sawe how ill he had beene vs'd, that the power of the contrarie partie had almost overpowrd christendome, & his owne people discontented at his seeming backwardness in that cause ; considering the three subsidies & fifteenths NEGOTIUM POSTERORUM. 115 that were granted him, though a roiall guift, would onlie enable him for awhile to secure his owne, & that in the end, he should growe, from a lingring ague, to a burning feaver, & by suffring his enemies to enioye that w'^'' they had gotten, make them more able by degrees to frett vpon the other/ German princes, whenc it would ensue, that Page 109. Uke Vlisses w"" Polypheme, he should onlie have the favor to be the last devour'd, he negotiated Sc concluded a strong confederacie w"* the K. K. of ffrance & Denmarke, the state of Venice, the D[uke] of Savoy, & the Low Coun tries, w'*" first appeerd in the armie beyond the Alpes, and w"" Count Manffeilt, some faultes he said, were to be confest in those troopes at Dover, w''' could not be excus'd, but -Manffeilt complaind that the raen were chosen such as would be kept vnder noe goverment, & if it were obiected why a stranger should lead those troopes ; it was to be considered, that the whole armie did consift of English, ffrench, & Dutch, Sc if an Englishman had commanded it the ffrench would have been discontented, Sc soe the EngUsh ifa ffrenchman; Sc if manie commanders had beene made, precedenc would have bred some difficulties ; therfore he that was indifferent was thought to be the fittest. & if a further obiection be taken frora the event, it must be likewise confidered that noe success is man's, & he that measures/ things by that is noe equall iudge. he said also it Page no, was true, that the change of the designe caused some delaie, Sc impeachment of that good effect w'^'' was hoped; yet it was not altogeather vnprofitable, for the apparanc of that armie kept divers princes of Germanic from diclaring them ii6 NEGOTIUM POSTERORUM. selves for the enemye, this was in generall as he said, towardes the accompt of the three subsidies Sc fifteenths, & further his ma'" had commanded him to give an accorapt of that w'*" would be spent vpon the preparation then in hand, the charge of the ffleet in the office of the Navie — 200000", in the office of the ordinance — 48000", for the landmen it would be — 45000'' wherof the two subsidies then given would amount to but — 160000''. but this not all, the K[ing] of Denmarke was to have — ^40000'' to draw him into Germanic, befides a monthlie entertain ment of — 20000" Sc asmuch to Count Manffeilt, w""" could not be supported w"" out help of ParUament, or els some new waie ; the ordinarie revenew being exhausted Sc ouercharg'd w"" other expences both of necessitie Sc honor. Page III. diat the K[ing]/ when he was prince borrowed — 20000" for these provisions, the Lord Admirall hath ingag'd his estate, other ministers haue furnisht above — 50000". shall it be said that these men are left to be vndone for their readinefs to the publicke services .? shall we proclaime our owne povertie by loofing all that is beftowed vpon this enterprise, bicause we cannot goe through w"" it .? what shaU we say to the honor ofthe K[ing] } but that is not all, even the estabUshraent ofhis ma"' in his roiaU throne; the peace of chriftendome, the state of religion, depend vpon this ffleet, the adversaries deliuer verie insolent speeches ever since the taking of Breda, the ffrench en cline to civill warr ; they brandle in Italie, Sc feint as their forefathers v/ere wont to doe after the heat of the first enterprise, our German forces haue kept the Catholick NEGOTIUM POSTERORUM. 117 league from assembUng to the ruine of the protestantes, what have we to revnite the princes, to encourage the ffrench, to support the States, to oppose the Catholicke League, but the reputation of Manffeilt's arraie, & the ex pectation of our ffleet .? shall/ it be said that being forsaken Page 112. ofhis subiects the K[ing] hath beene enforc't to abandon religion ? to seeke a dishonorable peace } it is irapossible for these things to subsift but by monie, or credit, thus spake that worthie, & then concluded w"" this motion, that either they would presentlie make an addition of supplie, or pass some ingagement to the K[ing], that at the next meeting they would doe it ; -w"^ might give him credit in the interim, & soe the expedition to goe on, this raotion had noe second, but by Beecher a councell clarke Sc servant of that tirae ; but his reason Sc authoritie being not great, & all the other Courtiers difaffecting it, being in briefe oppos'd by a worthie gentleman of Lincolnshire S' Thomas Grantham, who was never wanting to the service of his countrie, it forthw"" died & perisht, though from the dust thereof more troubles did spring vp, the frame & com position of that bodie, was thought as preposterous as the sowle ; the imraense calculations Sc accomptes, & the fer fetcli't & impertinent relations ; the positions and con clufions that were laid, all held artificial! & prestigious, his/ supposition of their forsaking of the K[ing] & the Page 117 King's abandoning religion, was deerad both scandalous Sc offensive ; as was that mention of new waies, w''' the more was noted, bicause it had happen'd once before, & therfore was not thought to be accidentaU or by chance : ii8 NEGOTIUM POSTERORUM. but exceptions were decUn'd, through the wisdome of that time, w'*", in the dying of that motion had satisfaction Sc content, ther was noe deniall, nor noe question, it being never brought soe farr, w''' had alraost a miracle w"'in it ; for ther were hardlie then threescore in the house, & of those, countrimen not the most, anie support or agitation it had had must have needs driven it to a concession, or the contrarie ; but, as we noted, the Courtiers much difliking it, some as it came not in perticular by them, or that they were not preconsulted for the worke ; others for the danger & preiudice it imported ; the rest for the suddenness & strangeness of the thing, that like a lightinge brake vpon them, having noe precogitation of the meteor ; all gene- Page 114. rallie abhorring it, as a constellation that was ominous,/ it vanisht through it's owne lightnefs Sc futilitie, causing a reluctation in their hartes, w'*" nothing but divinitie could move, this vnexpected issue to the D[uke] caus'd a new trouble & diforder, all his privado's were condemn'd, as remiss Sc negligent in the service, his frindes were all complain'd of, thus to haue fail'd his hopes, everie man was blam'd but him that was most faultie. what he in tended in his corrupt reason, or affection, to that he would have had even* the heavens themselves confenting. soe vnhappie are such persons, through the distractions of their greatness, that success the[y] thinke to follw the Via Lactea of their fencies, Sc that the rule of that, naie of the world it self, should be by the proportion of their willes. & rather then faile them, if the superiors be not flexible, the infernaU powers shalbe studied, w"" their artes. this was NEGOTIUM POSTERORUM. the infelicitie of this man, Sc at this time it first open'd & difcover'd, though not cleerlie but by shadows, being dis- orderd in their purpose, w^'" almoft noe man yet did know, he condemns both his ffortune Sc his frindes : but for himself nothing was/ less resolvd on, then that w'^'' was Page 115. most necessarie. noe retraction of the course, that w'** had beene, because it was done by him, muft be both iuftified & maintain'd, & that iustification must appeer in the approbation of the worke by a future prosecution that was worse, the house being delivered from the fear, w'* it had con tracted from that motion, Sc the consequence that might foUowe it, forthw"" resolv'd to think of nothing but recess, Sc the next daie intimated their readiness to the Lords, who having dealt in Uttle at this meeting, & having noe business at that time, dispatcht a present messenger to the K[ing], from whom they receavd this answear, that though his necessities were great, yet the consideration of their safties should dispose him to dismiss them for that time, though they must shortlie meet againe, thatshortlie, was not then rightlie vnderftood. noe man did doubt that w"^*" the word intended, most men did re fer it to the Winter or the Spring, the conventions of that CounceU/ being seldome neerer, or more frequent : but an Page 116. effect it was of the powerfull influenc of the D[uke] w* not long after was more perspicuous Sc apparant. both by that latter clause of the answear, & the rest, aU men did know that their sitting was not long, Sc therfor sought to state their business in some order, the cheife care was for NEGOTIUM POSTERORUM. preservation of the statutes w'*" stood vpon continuance to that tirae, for this a short act was fram'd, that the roiall assent, should not (as was supposd by some, though presi dents spake the contrarie) give a determination to that ses sion ; but that it should continue by adiornment, & all things stand in the condition that they left them, soe to be resum'd againe at the next time of raeeting, this done, & the act of confirraation being past for three subsidies then granted by the clergie, ther being a little time remayning, it was spent vpon a petition from the prisoners in the ffleet. they had beene suitors to the Lords, in respect of the great danger of the sickness, to have libertie by order frora the Parliament, by habeas corpus to goe abroad, the Lords Page 117. imparted/ this motion to the Commons, the Coramons thervpon taking consideration at this leasure, vpon these reasons thus resolv'd it to be repugnant to the lawe. first that it was against the intention of the writt, w'"" com manding the keeper to bring his prisoner to a Judge, im pUes the neerest waie he has, not as the abuse went, to let him travell wher he list, to hunte & hawke the whole va cation in his countrie, & at terme againe to resort vnto his prison, then that it was legaUie an escape, & soe the cre ditors should be preiudiced ; for w''' ther were divers iudg mentes cited, & some cases demonstrative in the pointe, as 5^ H[enry] 6, when in confideration ofthe state, ther being speciaU service at that time for sorae minifter then im- prison'd, & the Uke libertie was defird, the Judges, vpon consultation, did denie it, & before that, it was noted, that aU kinde of ease or remove from one prison to another. NEGOTIUM POSTERORUM. was whoUe refus'd, w""out consent & liking of the credi tors, for this, therfore, it being soe contrarie to the lawe, & in fevor of abuse, howeuer pittie did move in contem plation of the raen, yet their dangers being not equall to the danger ofthe/ kingdome, w'*" would foUowe the exin- Page nS. anition of the lawes, it was thought fit, not in that per ticular to admitt it, or that admission, at the least, not to be made by Parliaraent ; w"^*" opinion being signified to the Lords, they in like manner did resolve it, & soe all instance [insistence ?] ceast. this was the ninth of Julie being _ — Saturdaie. on moundaie ther was a message to the Com mons from the Lords to intimat their receipt of a Com mission of adiornment, & another for the roiall assent to the passage of some lawes, for w* their presenc was desird in the Lords house, as it was alwaies in such cases, to hear them read, vpon this some short disputes arising in con sideration of their priviledg, they resolv'd them, w"" what brevitie they might & soe made ther passage to that end, the first difficultie was for presenting the biU of subsidie ; the vsuaU manner being, that that having past the Lords, should be return'd againe as the peculiar of the Coramons, & when they attended, either for dissolution or adiornraent, as their free act, to be presented by their Speaker : this being' then not done, rais'd some ielosie in the pointe, least it might draw a preiudice in the future, both on their affec ting Sc those acts : but being then annext to the Commis sion for assent, w"" theother lawes to pass, & that Com mission/ resting properlie w** the Lords, it was conceav'd Page 119. that ceremonie could not be, but the Speaker must supplie R NEGOTIUM POSTERORUM. it, in an expression at the place, & ther receave Sc deliver it in their names, the next was the confideration of the adiornment wherin likewise some little doubt ther was for their interest in that pointe, w''' having alwaies beene their owne sole act & worke, in admitting it by commission from the K[ing], it was then thought an innovation ofthe right, w'*" might induce a president against them, & soe retrench their libertie for the future. & for this purpose the diffe rence was observd betweene adiornment & prorogation, as prorogation & dissolution have their odds, that the two latter, in their kindes, were in the prerogative of theK[ing], the adiornment, in the priviledge onlie of the h-^yse. ther fore a message in that case was dispatch't for accommodation w"" the Lords ; who thervpon agreed to read onlie in their presence the Commission for assent, & in theother to leave them wholie to themselves. aU things thus settled & com pos'd, the Commons did address themfelves to hear the Page I20. Commission of assent, Scj being present w"" the Lords, & the Speaker ther receaving the biU of subsidie in his handes, as it was hanging w"" the others to the Commission that must pass them, vsing some rhetoricke in the diclaration of their right, & by their affection in the guift making an insinuation to the K[ing] in the name of aU the Commons, he presented it ; w'*" had acceptance by the Keeper, & this anfwear thervpon. that the K[ing] apprehended it as a good testimonie of their loves, Sc in correspondency of that would enlarge his favor to his subiectes. that in their peitie & religion, he would meet them ; & for their petition therin given him, the answear should be reaU Sc not ver- NEGOTIUM POSTERORUM. 123 ball, that they should shortlie haue a perticular satiffaction in that pointe, & in the meane time, he would command a strick't execution ofthe lawes. wherevpon the roiall assent being read for the enacting of some bills, wherof the subsidie was not least in estimation Sc accompt; & the king's pleasure intimated for an adiornraent vnto Oxford, the attendanc did dissolve, & the Coramons returnd vnto their house, noe less affected w"' trouble, then admiration, the suddainness of the time, being but the first of August, & that the eleventh of/ JuUe, w'"' was an exposition of that Page izi. mifterie, that formerUe was mistaken, & an explication of the meaning of that word shortUe, & rauch more ; this, with the strangeness of the place, both vnexpected Sc vn look't for, seem'd as a prodigie to all men, the vnaptnefs of the season for such a concourse & assembUe, w'^'' was scarcelie safe at anie time but moft dangerous then, in that the epedemicaU infection ofthe plague being soe vniversalUe disperst, that aU persons were suspected Sc in ielosie, men, if they could, even flying from themselves ; the houses, streets & waies, naie euen the feilds Sc hedges, almost in all places neer London Sc about it (besides the miserable cala mities ofthe citie) presenting dailie new spectacles of mor- taUtie. the place also was noted, as something ominous & portentous, for die success it gave to the Uke meetinge in foretimes, it rais'd a contemplation of the miseries w'^'' followd that vnfortunat convention in the daies of H[enry] 6, w"" the reasons & intentions that had mov'd it ; & from the resemblance of the causes was deduc'd a like supposition of the effects, w'^7 g^^^ ^ ^^^'^ '¦° ^^ "^^"^ ^^^ '" '•^^''^ hartes Page 112. J24 NEGOTIUM POSTERORUM. deplor'd the vnhappinefs of those princes that expose them felves to the corruption of their ministers, to sharpen that humor Sc dislike, at that time happened also the infection of that place, it was entred into some few houses of the towne, & some of the CoUedges were infected, raost of the schoUers were retir'd, & that was an aggravation to the danger ; w**" being apprehended to the full, became an aggravation of the fear, by w* that fact (though a iustice in the K[ing]) was thought an iniurie in his servantes, but obedience was resolv'd on, & through aU the difficulties of the time, the king's pleasure was prefer'd. the Lords vpon the departure of the Comraons from their house, read ther the Comraission for adiornment (somuch they differ from theothers in order, or observation) who having Ukewise the writt brought downe to them, refus'd to read or open it, but as their owne act, not varying in the circurastance, pro nounc'd it by ther Speaker, that the Howse adiorn'd it self, & soe dissolved that meeting. Page 123, The report of this flew presentlie to aU partes/ & affected all men w"" wonder at the strangenefs, London was then the constant seat of Parliamentes, w''' noe wher els had beene for divers ages past, that in the vulgar sence they were incorporat to that place, the tirae likewise seem'd a miracle to those who had retir'd themfelves, being members of that bodie, & heard the acceptation of their subfidies in the message from the K[ing] the complement that was in it, for respect vnto their safties, endeard by high expressions of coraparison, was also in their memories, the incongruitie w"" that, in this alteration & adiornment, wrought much NEGOTIUM POSTERORUM. 125 anxietie in their thoughtes, Sc, as farr as fear could carrie it, made a depression of their hopes, this all men had for their entertainment in the countrie during that short recess, some had but opportunitie, whose habitations were remote, to make onUe a visit to their famihes Sc at first sight to leave thera, hardUe anie one had leasure for their fit accora modation Sc provisions, but suffered some inconvenience or defect, their trauell on the waies, their danger in the Inns, Sc the little saftie could be/ promisd at the period. Page 124, tooke off all pleasure from the iorney ; Sc the occasion that did raove it was raore distastfull then the rest, the satis- fection had at London was not rauch, the promise then farr less, ther in the matter of religion, though ther were a faire answear in the generall yet Mountague was protected, & to that end made chaplaine to the K[ing]. in other things the answear to the greivances was but slight, & such as im ported small fruite to the subiect. the biU of tonnage Sc pondage was reiected Sc yet those levies made ; w'"" was held an indication ofraore love to the waies of power then right, the lawes that had their approbation were not raanie & the choise of them not great, that against recusantes was not past, Sc in all, their number was but seven, whereof the subsidies of the laitie & clergie made vp two, soe as the rest imported litde to publicke happiness, as their foUowing tides may express, I, An Act for punishing of divers abuses committed on the Lord's daie. 2, An Act to enable the K[ing] to make leases in the Dutchie of CornwaU. 126 NEGOTIUM POSTERORUM. Page 125. 3. An Act for ease in obteining licences of aUena- tion, 4. An Act for restraint of Alehouses & victualing houses, 5, An Act for confirmation of the subsidies granted by the clergie, 6, An Act for two entire subsidies granted by the temporaltie, 7, An Act, that the session should not then determin by the roiall assent to other Actes. that for religion, for soe it was pretended ; onUe did provide against bu! baitings, enterludes, & the like vnlaw fuU pastimes on the Sundaie. & therin alfo, w* a mixture of civill considerations & respectes. that for the Dutchie had aspect but to the profit ofthe K[ing], though w"" some shadowe & pretence of advantage to the tenantes. that for alienations onUe lookt at some small decrease of fees, & had reference but to few, Sc rarelie of vse to them, that for restraint of Alehouses was, in effect, but what had beene before, for the repressing of tiplings & disorders, w''' both before & then were more de cried then punished, as reformation is less easie, then com plaint, the rest need not comment to explaine them. Page 126. sence w""out/ reason, making demonstration of the subsi dies ; Sc for the other, if it had wanted midwives, much trouble had beene sav'd, prodigious birth, at Oxford. ILLUSTRATIVE ADDITIONS FROM SIR JOHN ELIOT'S UNPUBLISHED MSS. AT PORT ELIOT. SUPPLEMENT. ^ PROPOSE to redeem my promise (in the ' Introduction ' and elsewhere) to give from other MSS. at Port Eliot such Speeches of Sir John Eliot as in the earlier, were doubtless worked into the lost Negotium Posterorum ' Tomus Primus,' and in the later, fiU vp the summaries and notices oi Negotium Posterorum ' Tomus Secundus.' The MSS. are nuraerous and weighty ; for the Patriot was as industrious in col lecting and transcribing authorities and ' precedents ' and his reading was as wide as his friend Sir Robert Cotton's, I ne cessarily confine myself to such as are still of quick and per sonal interest. I proceed from the commencement ofthe precious volume on and on to the close, following the pencil-marked folios of Mr. Forster, who arranged them for the binder. First of aU we have Sir John Eliot's first speech in the House of Commons, 'Anno 21°. Jacob, reg.' Parlia ment met on the I2th of February, 1623-4, but was ad- s 130 SUPPLEMENT. Folios 1-6. A speach in Parliament. A". 21", Jacob reg. journed to the 19th. On the 27th business began in the Commons, Three, or at most four days thereafter Sir John Eliot made the first speech of the Session, There were time-servers and Facers-both-ways who would have kept silence on the King's recent misdoings, even have en tered into compacts with Buckingham, Eliot would not be muzzled, nor have 'understandings.* " He must therefore," says Forster, "raise his voice for those fevours their ancestors had enjoyed ; and it is memorable that he should thus have spoken his first speech in the House elaborately to defend those parliamentary immunities and rights for which after wards he suffered death " (vol, i. p. 135). " M.' Sp^ Wee cannot but remember the antient opinions held of those assemblies, and how happie theire effects haue beene vnto this kingdome ; how like a Sanctuarie they haue beene ever to y" subiects, how like a magazine to the princes : the princes heer for the most part granting such lawes and reformacons as were covenable for the necessities and wel fere of theire Subiects, and the Subiects, to reciprocat the affeccons of theire princes, often making there retribucons larger then was expected : but in the two last Conventions, at one of w^"" I was present, and to the other a weUwisher, wherein y' necessities of the Kinge and Countrie mutuaUie sought for the interchaing of helpe and assistance from each other ; The home and forayne occasions of the Kinge and State requiring Supplie and aide from the Countrie : the wants and greevances of the Countrie SUPPLEMENT. 131 vrging releif and remedie from the Kinge. When on both sides there was most expected, most needed, and the King most gratiouslie began to offer himselfe to the Subiects in all things befitting a mercifuU and pious prince, and the Subiects againe returninge theire thanckfullness w"" extra ordinary demonstrations to the Kinge : in these I say (o*" that I could not saie in these last meetings) miserie crept into the place of happiness and by ielosies and distraccons tooke from vs the benefitt of those Counsells, w'*" hope had made equaU to the wisedome of o' Elders. Vpon these I knowe not what opinions wee should now retaine, whether the meetings be the sarae they were, and only differ in the effects, or that the times haue chang'd the reason and soe brought it to a new forme, w'*" how it may agree w"" the safetie and bono'' of this State Sc Countrie as I am ignorant, I should be glad to learne. It was the character of a wiseman in the last age, vpon this point, that the greatest vnhappines could befall this kingdome was that o' Parliaments should become iraperfect ; and that the dissent here betweene the Prince and people was the most dangerous ; w''^ how it hath of late beene quan- qua animus meminisse horret, as that wherein the Soule of this kingdome hath already too much suffered ; yet give me leave I beseech yo" a little to review it, that wee may then studie an easier way i"or o''selues, faciunt aliena peri cula cantos ; and its a cheape way of learninge vpon the costs of other men. Somethings wee shall finde in the Kinge, some things in our selues, that may occasion these breaches : if either 131 SUPPLEMENT. thorough diffidence in his Ma'", ielosie amongst o'' selues, or vnsecresie in our businesse, wee goe a troubled way : for the distrust of a Soueraigne is euer as disadvantagable, as the hate of an Enemie, and where wee are not confident of our selues what can wee expect from others ; it cannot be, but inconveniencies will follow where they are not prevented, therefore, I shaU earnestly desire before yo" di- scend into any pticuler disputes, y' you wiU a littell reflect vpon this generaU, what hath beene, and from thence con sider what may now be done. In the former of the two last vnfortunate assemblies, as I remember, there was an aspersion of vndertaking cast vpon the service of some members of the howse, from whence there grew a ielosie in the rest, that the whole busi nes, was compounded by those principalis, whoe had before hand given the Kinge assurance of what he desired : this ielosie being entred into a parte, like a canckrous vlcer spread w"" the sharpness of it's owne corrupt humor, and by infec tion went soe farr as it diseased the body : the bodie being once sick & iU affected could not presently finde a remedy, or remove the cause, but by continuance of the greif had the symptomes more dangerous then the disease : for frora the roote of that ielosie sprange vp opposition Sc contestation in debates : opposition brancht it selfe to faction : faction (or rather fraction I might call itt) offten budded and put forth personall quarrells not only to the publique preiudice but detracting from the honor and gravitie ofthis soe great and graue a Senate : and all this moved by the aere and breath of that vnknowne & vaine report of vndertakers : SUPPLEMENT. 133 whereas I verilie beleeue there was noe such thinge in y' King's hart by secrett practise w"" a few to vndermyne the rest, nor would those few for themselues assume somuch power aboue others to vndertake for all; but that o'' ielosie in this case was the advantage of the iU affected, who made it the instrument of theire designes to dissolve that meetinge, that they might follow their owne proiects & inventions then on foote, which (as wee haue since felt) trencht more vpon the priviledges Sc liberties of this king- dome then the vttermost vndertaking in Parliament can ever doe. In the last meetinge it were presumption in me that have nothing thence but on creditt, to make soe neere a search or censure only ofthe effect : yo" will pardon me to complayne whoe lost some hopes in that publique adventure. I feare (M"' Sp',) the rocks were not naturaU on w'*" yo" then stroke but cast in the waie by some subtiU arte to prevent the passage of y' duties to the Kinge : neither can I thinke the intercourse was more easie for his Ma"" love to yo" ; but that by oblique windes, & tides his Graces were sometimes diverted, or preiudicate : this I am most confi dent of, both concerning his Ma'" and the howse, that never king w"" more gracious resolutions for the comfort & benefitt of his Subiects CaU'd a Pariiam' ; nor subiects w more sinceare affections came devoted to theire Prince, but in this doubtless there was some misprision, and be tweene his Ma"' and the howse stood some fels glasses, that reflected not the trew sence of the obiect, but w"" colors and illusions wrought deceipte. 134 SUPPLEMENT. The greatest doubts (as I conceive) the kinge had of the Pariiam'' concerned his prerogative ; his Ma"' being perswaded that theire Uberties did intrench vppon him. the feares the Parliaments had of the Kinge were that by his prerogative he sought to retrench & block vp the antient priviledges & liberties of the house, this made the insis- tance stronge on both sides, the Kinge mayntayneing his royaU power : the howse pretendinge for their priviledges, whereas, being well distinguish 't both might freely haue eniojfde theire owne w'''out impeachment of the others right : ffor the Kings prerogative noe man may dispute against it, it being an inseperable adiunct to regalitie, and exampled in the first, and greatest monarck, the Kinge of Kinges, who reserves to himselfe beyond his lawes a power to save w'** Seneca caUs proprium regis, Sc we his preroga tive. ffor the priviledges of Pariiam*. they have beene such & soe esteemed, as neither detract from the hono' of the kinge nor lessen his authoritie, but conduce to the Ubertie of this place, that wee may heere freely treate and discourse for the publique good of the kingedome, w'^'' I take to be a maine bass and prop whereby it doth subsist : for as the Parliam'5 haue beene ever held to be the cheife sup port and piUer of the kingedome soe is this priviledge of the Pariiam'' by w"*" opinions are plainelie delivered, difficulties beaten out, & truth resolued vpon ; whereas otherwise men fearinge to displease wiU blanch those propositions that may haue question ; and silence theire vnderstandings in matters of most importe. & in this the protestacon last SUPPLEMENT. 135 ma,de, gives me greate satisfaccon as proceeding from Excel lent deliberations, and advise. & the reasons being weU weighed (besides the habit Sc longe vse of this place w''' hath StiU been held w"" greate regarde to the bono', & dig nitie of the head y' kinge) the reasons I say may induce the allowance and consent : the business is the Kings, the kingdome is the Kings, the resolucons rest wholie in y' Kinge, and wee are only caUed hither by the Kinge, either vpon the generaU affaires of the kingedome or the speciali propositions of his Ma"' and therein but to deliberat and consult, not to conclude, w'*" onlie does facilitat his Ma''- resolutions, & ease him in the consideracon, leaving the end still to himself; and in this can it be thought there is any diminucon or derogation to regalitie ? It was held an incomparable wisedome in H : 3 : when after many agitacons & turnes of State wherein he had involved himselfe by other waies, that he at last applied himselfe to y' ParUam', and made that his CounceUor ; and therein he lost neither authoritie, nor reputacon, for both his estate & dignitie were before ingaged to such low con- dicions, as I feare to speake of, and by this he, not onUe recovered that againe, but gain'd somuch vpon the affec tions of his people, and in the opinion of others : as there was nothing wanting to him either with Strangers or at home of what hee could desire in the harts of his subiects he had soe much as they voluntarilie offered more then he did need : in the accbunt of others he was after held soe singuler, as his goverment was a patterne. What he re fered to the Pariiament was not lost to hiraselfe ; but all 136 SUPPLEMENT. the wisedome and iudgment exprest then became raeerely his : Our whole storie seemes but a continued instance of this by the Acts of Parliament ever expressing the wise- dome and excellencies of our Kinges, for whose soever be the labour, the honor stiU reflects on them, Sc the reputa tion onUe beares their names. And the advantages otherwise w"^*" the Kinges of this land have receaved by Parliaments, are such as they should not be forgotton : for, besides y' infinite subventions and contributions graunted here, the fines and mulcts imposed vpon greate officers, and delinquents (I am sorry I should bring these two soe neere to geither) theire fines I say, y' haue beene questioned in this place haue often enlarged the treasures of our Kings, and it was a practise much vsed in former times, when officers and greate men were swolne w"' corruption, to have them purged in parUament, that they hate and envie : might be taken from the Prince, and yet hee receive the benefitt of theire punishment ; and the subiects haue beene soe much affected to see these spunges of the Common Wealth squeizd into the Kings cofers, that as it were in congratulation they have offered for themselves when nothing hath beene wanting; and this my thinkes should indeare the creditt of our Parlia ments that they intrench not vpon, but extend the power and bono"' of the Soweraigne. The ParUament is but the representative bodie of the kingdome, by contraction drawne into this center, Uke the sunne taken through a glasse, to enforce the strength and heate of his reflection, and to this forme and station SUPPLEMENT. 137 it is not of it self it is thus mov'd & occasioned : Corpus iacet inerte y cessaturum si nemo moveat, say the Philo sophers, the bodie is dull and vnapt when it hath not a spirit to move it ; is not this spirit in the hart [of] the King that hath called vs hither ? are not his graces the Beames w'"" through his perspective the Parliament, are to be derived to the life and benefitt of his subiects. how then can it be iraagined wee should attempt against him by whome wee are ? the reason of Simpathie and partici- pacon asweU in poUicie as nature houlds inviolable, and what preiudice, or iniurie the King shall suffer wee must feele : he is to vs as wee are to the countrie, our verie selfe ; he is in the representive part, our principaU part by the iudgment of aU antient and modern Philosophers ; for the controversie hath onlie beene betweene the head and hart, and he is both, he is vinculum per quod resp. coharet, (as Seneca caUs him) et spiritus vitalis quem hese tot millia trahunt. he is in the metaphor the breath of our nostriUs, Sc the bond by w'*' wee are tied one to another : then can it not be wee should attempt against, or in any thing neglect the hono"" of him, whoe is soe much our owne ; & the mistakes that have beene this waie heertofore I beleeve have beene grounded more vpon misreport then the deserts of any from those states, whoe I know make it their speciaU propositions by aU their labours and indeauours to exalt and magnifie the Kinge, in whome consists the glorie and hono'' of the kingdome. it is that spotted fame that casts those ielosies, & that often through the vntimelie deliverie or report, of those things T 138 SUPPLEMENT. w'*" are here conceived, before they are brought foorth, for in the dispute all things are doubtfuU and vncertaine w'** in the resolution conclude happilie and weU. and being soe taken before theire times, they may easilie fall into misprision and soe cause theire authors to be suspected. and thus I feare some have beene heretofore traduct, whose meanings were as farr from danger as outward happiness hath beene since from them. I speake it not in pittie of theire sufferings if they have deserved it ; but in sorrowe for this place that had not creditt enough to iudge oft it selfe. To prevent those inconveniences should be now our labour, that wee be not broken or interrupted in the success of o' indeavours. & for the first, our owne private ielosies, & destractions, as the feult seemes to be meerlie in our selves soe must the remedy, w*^*" may be done by some generall tie or obligacon here of truth, and secrecie amongst o"" selues, that in noe counsell else is wanting ; but in this ffor the latter, the cure is in the Kinge, & that might be as easilie effected, if either his Ma'" would reiect the Whispers of our enemies, or not beleeve them : for t'is those that feare o'' Parliaments that traduce them, & in the reporrdeforme the priviledges of this place according to theire owne intentions, of himselfe his Ma"' cannot misconceive vs, he is wise et omnis sapiens est bonus, as sales the master of wisedome, therefore I haue noe doubt, but of himself his Ma'" will allowe vs all the priviledges, and liberties that may advance our counsells ; and to this end I could wish that wee might now speciallie peticon SUPPLEMENT. 139 him, and w"" sorae remonstrance in this point, humblie desire the continuation of those favors that our ancestors haue inioyed, w'*" I doubt not when his Ma"' shaU truelie weigh vs and our loyalties, and compare vs w"" the former times, but he wilbe pleased to grant : w'*" as it wiU begett confidence soe will it add diUgence to our indeavours, both for the generaU good, and his Ma'' most perticuler satis- fecon, w""out which the same hasards follow vs that before have beene to others, and our assurance is soe little, that after much traveU and time it may be said of vs, as it was of the sailor, whoe being taken from his harbour and w"" contrarie wandes and seas much tost in a longe storme, was inforced to putt back againe, non multum ille navl- gavlt, sed multum lactatus est. the trouble, and daunger is Uke to be more then the profitt of the iorney." Our next Speech — in. the same Session — is extremely noticeable, though it related merely to a private biU. " A suit," the Biographer informs us, "called 'Duncombe's case,' had caused great excitement in the courts. The law of England appeared to have settled that the rights of a son born in wedlock, though the mother was so Kving at the time that the husband could not for a period of more than two years have had access to her, were indefeasible ; and a biU had been introduced for disinherision of this supposed but spurious son. Eliot supported it with his utmost warmth and vivacity of manner" {Ibid. p. 151). This Speech follows next in the Port EUot volume; but as Forster has printed it, I refer the reader to vol. i., pp. 140 SUPPLEMENT. 1 5 1-3. Similarly with the next Speech on the case ofthe Lord Treasurer Middlesex ; it will be found (substantially) in vol. i., pp, 162-4. Following these Speeches of his own, are two by the Bishop of Lincoln (WiUiams), and one by Sir Thomas Crewe. It is of singular interest to corapare these • re ports,' made in Sir John Eliot's own hand, with the summary and notices introduced into Negotium Posterorum. They prove with what conscientious painstaking he sought to get at authentic materials for his great book. This holds equally of the ' precedents ' and fects of all his Speeches. It is touching and impressive to discover evi dence upon evidence that before he delivered his opinion or judgment he spared no cost to know at once fact and law. There is a plethora of extracts from all manner of recon dite sources; and on these he based his arguments and appeals and counsels. It is not, therefore, to be wondered at, that feeling the solid rock beneath him, he stood im movable as that rock itself when he had come to a deUbe rate decision. One very important Speech by Eliot in the Parliament at Oxford, ' August, 1 625,' does not appear in Negotium Posterorum. It must here find a place In extenso. In the MS. it is carefully written by a third hand, but is shown by the marginal notes to have been read and revised throughout by himself. Fol. 19-24. " M'' Speaker. A speech in Althoughe the constant wisedome of this house of SUPPLEMENT. 141 Coramons did well and worthily appeare in censureinge Parliament die that iU aduised Member the last day for trenchinge soe farr ^Jjr"^,'^^^- into their auncient liberties ; And might incourage each Caroli Regis./ worthie servant of the publique here to offer freely vpp his councell and opinion. Yet since these walles cannot conceale from the eares of capcious guilty and revengfuU men without, the counceU and debates within, I will indeuor as my cleare minde is free from any personall dis taste of any one, foe to oppose the honest thoughtes of my hart, and dischardge the best care of my trust ; As noe person shaU iustly taxe my innocent and publique minde, except his conscience shaU make him guilty of such crimes, as worthily haue in Parliament impeached others in elder times : I wall therefbre w"" as much of brevity as I can, sett downe howe those disorders haue by degrees sprunge vpp in o"" owne Memories. How the wisedome of the best and wisest Ages did of old redresse the like. And lastly what modest and dutifuU way I would wishe to be followed by our selues in this soe happie springe of o'' hopefull Master, ffor M'' Speaker wee are not to iudge, but to present, the redresse is aboue Ad ^uerimoniam ^ vulgi. Now M'' Speaker soe longe as those attended about j^^^^ Ordina: our Sou''aigne Master nowe with God as had serued the late An'. 5 Ed: 2: _, ... . T-\ 1 I- 1 /-^ '" ''''^ Regis. Queene of happie memorie, Debtes or the Crowne were not soe greate, Comissions and Grantes not soe oft com playned of in ParUament, Trade florished, Pentions not soe many though more then in the late Queenes time (ffor they exceeded not 1 8,000"", now more then sixscore thou sand poundes.) AU thinges of moment carried by publique 141 SUPPLEMENT. debate at the Councell table. Noe Hono''': sett to sale or places of judicature, lawes against Priestes and Recusantes unexecuted, Resorte of Papists to Arabassadors houses barred and punished. His Ma'" both by dayly direction toaUhis ministers, and by his owne Penn declaringe his dislike of that Profession. Noe waste expences in fruitles Ambas- sadges. Nor any transcendent power in any one minister for matters of state. The CounceU Table holdinge vpp y° fitt and auncient dignity. Soe longe as my Lord of Somersett stood in state of Grace, And had by his Ma" feuo'', the Trust both of the Signett and Privie Seale, he oft would glory iustly, there passed neither to himselfe or his freindes any large Grantes of his highnes lands or Pentions, ffor that w'^'' himselfe had, he paide 20,ooo". towards the Mariadge Portion ofthe Kings Daughter ; His care was to passe noe Monopoly or iUegaU Grant, as some members in this House cann wittnes by his chardge vnto them. Nor giueinge way to the sale of hono'''. as a breache vppon the Nobility ; for such was his owne words, refuseinge S' John Ropers Offise (then ten- Propositions of dred to procure him to be made a Baron). ^'The Matche the Sp: King by .jyth Spaine then offered, and w"" condicon to require noe Gundamar , , 1615. fiirther ToUeracon in Religion then Ambassadors are here aUowed, discou''inge theire doble dealeinge and the dangers. He diswaded his Ma"' from And left him soe farr in dis trust ofthe faithe of that Kinge and his Instrument Gun- domar then here resideinge, that his Ma'" did terme him longe time after a Juglinge Jacke : /Thus stood the effect of his power w"^ his Ma"' when the clouds of his misfortunes fell vppon him. SUPPLEMENT. 143 What the future Aduices leadd in wee may well re member. The Treaty of Mariadge w"" Spaine was againe renewed, Grondomar declared an honest man. Popery hartened by the admission of those vnhard of before con- dicons of conniuancy. The forces of his Ma'" in the Artie: betweene Pallatinat w'^'drawne vpon Spanishe faith improued here g'^ ^^^ and beleeued, by w'*" his highnes children haue lost theire Hinezoza, Patrimony And more money spent in fruitles Ambassadges then would haue mainteined an Army fitt to haue re couered that Countrey. Our old and fest Allies dishartened Princes of by that tedious and dangerous Treaty, And the Kinge ermany. our now master exposed to soe great a periU as noe wise and faithfull CounceU would euer haue aduised. Erro''' Itin. Carol! in gouerraen' lye more in misfortune by weake Councells HUpanbm? then in Princes free actions. The losse ofthe County of Pontiff in ffraunce -was layde Rot. Pari. A". i», to Bishopp Wickhams Chardge in the first of Rich : the ^^l^' Li„. Second for perswaideinge the King to forbeare sendinge col, libr, ayde when it was required. The losse of the Duchie of Mayn a capitall crime in Rot. Pari, 28 Parliament layde to De la Poole : 28. H. 6. in single and olscoign. in vnwisely treateinge of a Marriadge in ffraunce. A Spanish BiUiothec. r^ , , -1? , . Lincoln. Oxonn 1 reaty lost the ralatinat. Anioy. Mayn," What CounceU hath procured soe great power to the fo " ¦-' Spanish Agent neuer before, to effect freedome to soe many Preests as hath byn of late, and to become a SoUicito'' ---¦:,. "... almost in euery TribunaU, for the ill affectted Subiectf of the State, is worthe Inquirie. What Graunts of Imposicons before crossed haue lately Pari. A°, Jacobi byn complayned of in Parliament, as that of Alehouses, ^^s"' 144 SUPPLEMENT. Rot. ParL A°, 30 Edri, 3, Rot. Pariia: A". 28 H. 6. in Art. contra Ducem Suff, ParL A". Ed. 3. Pari.A°.Hen.4. Rot. Pari. A", 28", H. 6, Par.A'.Hen.e. Claus. A". 23 £d. primi. ParL A". 25 Ed. Gouldthridde, pretermitted Custome and many more. The least of w''' would haue byn 30"°. Edri : 3. adiudged in ParUament a heynous Crime, as well as those of Lions and Latimer. The Duke of Suffolke in Henry the 6. time, for pro- curinge such and other Grantf in derogacon of the Coinon Lawe, was iudged by ParUament. The guift of Honors, kept as the most sacred Treasure of the State, now sett to sale. Parliaments haue byn Suito" to the Kinge to bestowe those Graces as in the times of Ed : 3. Hen : 4. and Hen : the, 6, more nowe leadd in by that waie only then all the merritts of y" best deservours haue gott this last 500 yeares, soe tender was the care of elder times, that it is an Article 28 of Hen. 6. in ParUament against De la Poole Duke of Suffolke, that he had procured for himselfe and some kwe others, such Titles of Hono'' And thos soe irreguler that he was the first that euer was Earle Marquis and Duke of one, and the selfsame Place. Edward the first restrained the nomber in PoUcy that would haue challenged a right by Tenure. And how this disproporcon may suite w"" profitt to the State, wee cannot tell : Great 'Desertf haue now noe other Recompence then costly Reward^ from the Kinge, for we now are taught the vild Price of that w'*" was once inestimable. If worthie persons haue byn advanced frely to places of greatest Trust I shalbe gladd. Spencer was condempned in the 15 Ed. 2. for displaceinge good servants about the Kinge, and puttinge in his freinds and foUo\yers. Not oliowers. x\ SUPPLEMENT. .45 leaveinge way either in the Church or Coihonwealth to any before a fine was paide to him or his dependant^ . The like in parte was layd by Parliament on De la Pari. a". 28. H: Poole. *¦ It cannot be but a sadd heareinge vnto vs all what my . 4sr Lo : Treasurer the last day told vs, his Ma*' great Debts, highe Ingagem'' and presente wantes. the noice whereof I wishe may euer rest inclosed w"' in thes walles, for what of Incouragem' it maybe to our enemies and of disharteninge to our freinds, I cannot tell. The daunger of thes ifany that haue bin the Cause is greate and fearefull. It was noe small motiue to ParUam' of H: 3 to banishe ciausa».44:H: the King's halfe Brothers for ^curinge to themselues soe ^ ''^^'"" ^'^ ^^"^ lardge proportion of the Crowne lands to the Kinges want. Gaueston Sc Spencer for doeinge the like for themselues p^ri. ao. 5: Ed: Sc foUowers in Ed: 2. time, both exiled. And the Lady ?• , „ •^ Pari: a"; 15 Ed, Vesey for procuringe the like for her Brother Beaumont 2. were banished the Court mT^"."^'' '"' ^'' Michael de la Poole was condempned: 10. Rich: 2, in ParUam'. amongst other Crimes for procuringe landes & Pentions from the Kinge, And turneinge the Subsidies to other endes then the Grant intended. His. Grandchild WiUiam Duke of Suffolke for y'= Uke Pari: a": 28: h: vnderwent the like censure : 28 : H. 6. The greate Bishopp of Winchester Wickham 50 : Ed: Pari: 2": 50: the 3. was put vppon the Kinges mercy by Parliament for ^^- 3- wasteinge in time of peace the Revenues of the Crowne and guifts of the people to the yearely oppression of the Coinonweakh. u 146 SUPPLEMENT. Ex Articl: contra Ducem Somers: A°. 3. Ed, 6, Cronicon s'. Albani. Gul. Gisborne Math: Paris. Histo: Rams: monaster: Rot, claus. 26. H. 3, Hist: feria Conses, Ex libro origi nal in coll: Lincoln Oxonii, Offences of this nature were vrged to the ruininge of the last Duke of Somersett in Ed : the 6"": time ; More fearefuU Examples may be found to[o] frequent in Recorde. Such Improvidence and iU Councell leadd He : 3 into soe greate a straite as after he had pawned some pts of his foraigne Teritories, broke vpp his house. And sought his diett at Abbies and Religious houses, ingaged not only his owne JeweUs, but thos of the shrine of St Edward at Westm"". was in the ende notw"'standing constrayned to lay to pawne as some of his Successo''' after ded vppon the Like improvidence Magna Corona Anglia the Crowne of England. To drawe yo" out to life the Image of a former King^ extremities, I waU teU yo" what I found since this Assembly at Oxfbrde written by a reverend mah Twice Chauncello"' of this Place : his name was Gascoyne, a man that sawe the Tragedy of De la Poole : he teUs yo" that the Reuenues of the Crowne were soe rent away by iU Councell, that the Kinge was inforced to Hue De Talils et qulndenls populi. That the Kinge was growne in debt ^inquies Centena milla libras. That his greate fauorite in treateinge a foraigne Marriadge had lost his Master a foraigne Duchie, That to worke his ends he had caused the Kinge to adiorne the Parliament In villis et remotis partibus regni : where Propter defectum hospltli et victualium fewe should attende ; And by shiftinge that Assembly from place to place to inforce, I will vse the Authors words, illos paucos qui remanebant de cofhunltate regni concedere Regi quamuls pesslma. And when the Parliament SUPPLEMENT. 147 endeuoured by any Act of Resumption the iust and frequent way to repaire the languisheinge estate of the Crowne (for all fro Hen: 3: but one vntiU the sixt yeare of Hen; the S"": haue vsed it). This greate man tould the Kinge it was ad dedecus Regis, and forced him from it. At which the CoiTions answered Although vexata laboribus et expensis quod nunquam concederent taxam Regi. vntiU by authoritie of Parliament : resumeret actu- aliter omnia pertlnentla Corona Anglia : And that it was maius ad dedecus Regis to leaue soe many poore men in intollerable want, to whome y' Kinge stood then indebted. Yet nought could all good Councell worke vntill by Pariiam', that badd great man was banished, w'^'' noe sooner done. An Acte of Resumption followed the Inrolement Pari: 28: H: 6. ofthe Act ofhis Exilement. It was a speedinge Article against the Bishopp of ciaus 44 H. 3. Winchester and his Brother in the time of H: the 7. that ^^s^^" K.^""': they had ingrossed the person of the Kinge from his other Lords : it was not forgotten against Gaueston and Spencer in Ed: 2: time. The vnhappie Ministers of Rich: 2, H: 6. and the last Ed: felt the v/eight to their Ruyne: the like Erro''' I hope wee shall not complaine in Parliament againe of such, I am glad we haue neither iust Cause or vndutifull disposicons to appoint the Kinge a CounceU to redresse ciaus.42. H:3. those Erro''' by ParUament as these of 42, H: 3. Wee P^^l: 5 Hen: 4. , ¦ TT TT 7 i_ • P^'''= 28: Hen: doe not desire, as 5, H: 4, or 29: ti. b the reraoueinge e, from about the Kinge of evill CounceUors. Wee doe not request z choice by name as 14 : Ed: 3: Pari: 14: Ed. 3. Pari: •?°; et 5° Ed:: '¦• Pari: zy. Rich 2. Pari: 28: ; Hen; 6. Art. contra Soms ¦'•3 Ed. 6. 148 SUPPLEMENT. Pari: 3. 5. u. 3: 5: II. of Rich: the: 2: 8. H: 4 or 31. H: 6 : Nor to Pari: 8^: H: 4. swere the in Pariiam' as : 35 : of Ed: the first : 9: Ed: 2: Pari: 31. H: 6. or i;. Rich: 2: Or to lyne them out theire directions of Pari: ?<: Ed: pnmi. Rule as 43: H: 3. and 8. of H: 6: Pari--R^h^ Or desire that w'"' H: 3. did promise in his 42 yeare, Claus 43; Hen: Se acturum omnia per assensum Magnatum de Concilio Pari- 8- H- 6 ^"^ ^'^'^-^ ^^ ¦^^'^^ ^"^ assensu nihil : Wee only in loyaU Claus 42 H: 3. duty offer vpp our humble desires that since his Ma"' hath w"" aduised Judgement elected soe wise religious and worthie seruantes to attend him in that highe Im ployment, He wilbe pleased to aduise w"" them to- geither a way of Remedy for those disasters in State, leadd in by longe security and happie Peace And not w"" ^ • ' younge and single Councell. ! The Successe hereof wee neede not doubt when wee looke backe to the euer readines of his sacred ?i/Ia"' to give vs our desires. And his noble Constancy euer to make good his neuer violated worde vnto vs, vnles by our refusall nowe of some moderate some to assist his Ma"', in this his first and I hope succesfuU Action, wee open him the vntroden way, as yet of harshe deniall. Oxoniae in ParUamento die Augusti," Equally iraportant v/ith this, is a Speech on 'Supply' penned wholly in Sir John Eliot's own handwriting, as foUows :— Fol. 25-27. " I have observed in y' passages ofthis day y' divers motions SUPPLEMENT. 149 that have beene made Sc y° excellencie of their intendra''. I have cald to mind y' proceedings heer of forraer times, I have remembered the affections & indeav''', of o'' prede- cess''', I have w"' myself revolv'd {Sc w'. in soe short atime occasionally I must doe), cast vp w', successes w' issues they have had, & from thenc drawne, a consideration to o'' selves what we may now expect, w' course we raay best hould, for from thenc ther may be a coniecture made vnto o'' psent hopes, the effect Sc consequence of aU acts being impU'd in y' iudgm' of their entranc & prosecution, wherin y' latter times I doubt have feild either through pcipitation & to[o] much hast or by impatience & importunitie pre venting their owne desires in the to[o] affectionat & ernest desire of them, as it's noted of y' Samians in y' like case for ©ssing vpon Meander cui iustlssimo vivorum- volenti esse non licuit, as saith that storie, they vrgd their suit soe violently vpon him as they gave him not time to answear or grant it, being wiUing. In aU things time & order are of best advantage, the one the measure the other the weight of aU proceedings, Sc the greatest p''iudice or hindrance in business that can happen comes by anticipation or disorder, for if ther be not time nothing can be done : w"'out order Sc direction ther can be made noe vse of time, & this I beleeve we have heertofore seene verified in our selvs (whither by act soe contriv'd or incidentally foUowIg our owne oversights I wiU not iudge) but the effects doe shew it y' we sufferd, sufferd in the last, sufferd in y* fori2 par iiam''. I wiU not enumerat aU o' sufferings that way but make an intimation for y^ memories how they times have 150 SUPPLEMENT. slipt vs, how they overpast vs, before we could conclude, nay beefore we could almost begin the business we came for. The business we came for did I say ? noe ; I am then mistaken, that we dispatch't betimes, if not to[o] soone, the business it is we should come for I mean, y' countries business, y' publicke care, y' common good, y' generall affairs of K. & K"", not y' satisfaction of anie privat ends or hopes : these have overslip't vs, these have past beside vs, though not w'''out mention yet w^out effect. How these things have beene governed & directed I will not nowbeginn a search or scrutinie but w"" what modestie I may w'''out dishonor to soe great a Counsell assume the occasion to o'' selves, oure owne fecilities, o'' owne creduli- tyes that deceavd vs, & from them I wilbe build [=bold] to derive some observations for the future, for y' time we are now in, how we may sort it, how we may manage it to o' best advantage Sc the common good. And first, I will make one generall proposition w** I shall afterwards reduce into some particulers, & that is for supplie, supplie I mean for the Country, supplie in governm'., suppUe in iustice, supplie in reformation, supplie in aid of o' long neglected grei vances. that these things may beginn o'' labors, that we may settle them, that we prepare it, that we present it, naie I wiU goe farther, that we attend Sc take our answears before we admitt in other things either treatie or debate. But me thinks I hear some Courtier saying to me y" goe now to[o] ferr, y" exceed y*" limitts, its not a parUamentarie course y" propose, y° have noe psident for it ; I crave him pardon y' speaks or thinks it ; if I err 'tis out of love not out SUPPLEMENT. 151 of flattery, & though I am not warranted, yet I am induc't by former practises, if changing the persons doe not change the case. Did we not the last pariiam', freelie give y' session to the King vpon the proraise, & assurance of his word to have y' next for vs ? did we not in the pari, before doe the like, & in both exprest asmuch faith & love, as could be expected from poore sub'' ? did we not in 1 8 of King Jam[es] grant two subsidies w"^"" were presently confirmed Sc past w"'out a Session ? have we not of o"^ parts ended w"" trust enough these times to endear the creditt of o^ Sove raigne ? may we not iusdy challeng it as meritt now in y' respect to have his Ma"', beginn w"" vs ? or is it not the same in reason as fit vs to beginn w"* him ? Surelie it is ; the business is the same, & though ther were noe law of retaliation, this would perswade & move it that w' is the Countries is y' King's good, for those that will distinguishe or divide them, I dare be bould to saie are neither good schoUers, nor good statesmen. We then have broken presidents for the K, let it not seeme strange we should now desire y' K, may doe the like for vs : let vs receave some fruite of aU o"' confidenc and hope, that we may send it as a satisfaction to o'' countries, & as I know twill affect" y"", it shaU harten me to straine my self heerafter wholy into the King's desires, this being granted now ; w""*" generaU I shall therfore desire y" to take into y'' meraory & considerations, as that w'*' may prepare, naie that w'"" must assure our passage to the rest. and that according to this we may the better husband o"' times, Sc business, I wiU heere descend into some perticulers 152 SUPPLEMENT. w'"" I conceave next fit for y"' resolutions, wherin part I wiU take from that that has past now, part from y' memorie of o"^ last consultations, part I wiU add as it shalbe neces sary, in all submittinge to y'' greater iudgm'' either to be altered or reformed. And first I will propose the con sideration of the King's estate, as that w*^*" is most ne cessary, equalUe necessary both for him & vs ; necessary in point of honor, necessary in point of saftie, that ther may be a sufficient means to comport the State, and dignitie of soe great a Ma'" & to supplie him on all occasions w"" power & strength to amate & check his enemyes, & to protect his frinds. Y" know in this how much we have sufferd for the late times, through whose occasion I speake not, what piudice we have had, what losses we have sus tained, losses abroad, losses at home, losses to o"" frinds, losses to o"" selves, how y' King's treasures have been ex hausted, how his revenewes are impaird, how his reputation's lessened : in w' strait o' most gratious Soveraigne was left to his estate, who has power to speake it, who has hart to thinke it w"'out an in ward bleeding of his sowle for soe much wrong of Ma"', soe long tirae vnpunishd ? thesau rus regius anima relp : y' treasure of y' K, is y' life of y' sub', hurt y' y°* wound y' K"". cutt of y' King's revenews y" cutt of y° principaU means of y"" owne safties, & not onlie disable him to defendy" but enforce that w'^''y" conceave [an] offenc, y' extraordinary resort to his sub" for supplies, & the more then ordinary waies of raising them. This in forifl times has not beene thought a consideration vnworthie of the parls, neither have our Kings taken it to be dishonor- SUPPLEMENT. 153 able to reinitt that care to them, but as their easiest, Sc safest waies have w"' the labors of y' parls. fiU'd their owne coffers, w'*" how it has beene practis'd heer, how it has been vsd in other parts, what resumptions of lands, w' accounts of officers, what infinit restitutions have beene by that means made to the Crownes, when it shalbe needfull vpon the more perticular debate heerof I shalbe bould to teU y", & what I may conceave fitt for redresse, & remedy, in y* second place, I will propose y° account of o'' subsi dies & fifteenths granted 21°. w^"" I conceave soe necessary to be exactly taken, as we suffer much already for y' honor & wisdome of this place, & in y' generall misfortunes that have happend that it has beene soe long delaid : I confesse ther was an entraie made to it heer last pari, a shew of prosecution continued at Oxford, some mention of y' ac countants but w"'out effect ; some generall answears were taken, as of y" treasurer & part of y' counsell of warr, but for y° rest Sc the perticulers they were not prest but left as things forgotten. What is this but to make a pari: ridicu lous, to jJtend integritie & zeale for y' Common Cause Sc to desert it, to draw y' iudgm'' of y' howse into noe regard : consists the virtue only in shew or words ? is it a discharge of o'' duties in this place to seerae affectionat, & carefull not to be soe ? doe these walls coraprehend o'' duties, Sc raust they not extend w"" out them ? pardon me I beseech y" pardon me in speaking freely, I shall as freelie doe the ser vice y" command rae : it stands not w"' our honor, it stands not w"" our gravities in this place to be noted careless or x 154 SUPPLEMENT. vncertaine, Sc I beseech y" once againe it may not seeme in this. y" reasons at this time for pressing this account are more then ordinarie, & the weight & greatness of it I beleeve is much mistaken, for to me its noe small fear that the former omissions have occasiond much of that p'iudice in our affaires that has happend since ; Sc the extent Sc reach of y' ace" now, I take to be soe large as it involves the con sideration of o'' last adventure, & the search of the causes of our vnhappiness therin : for as I vnderstand it both from y' memorie of our intentions in passing the act w"" such conditions & from y' word & letter of y' act it self not only the monies, but the service in w*^"" it is imploid should be accompted for, & therin not the Trers & Coun: of Warr alone but aU others who by office or comraand should be interest therin were to be examined of ther car riage doeings & proceedings Sc to receave such iudgm'' from y" pari, as their cause meritts, & now I beseech y" cast y'' eyes about, veiw the state we are in, consider y' losses we have receaved, weigh the wreckt & ruind honor of o'' nation (or y' incomparable hopes of o' most exceUent Soveraigne checkt' in their first designe) search the preparation, examine y' goeing foorth, let y'' wisdomes traveU through the whole action, to know y' faultie, to discerne y' feult, & I psurae, though no man vndertake it you'le finde y' antient Genius of this kingdome will rise vp to be an accuser, is this a light & easie matter of ace* ? is y' repu tation Sc glorie of o'' nation of a small valew ? are y' walls Sc bulwarks of o'' K"", of no esteeme ? were y' numberless SUPPLEMENT. 155 lives of o'' lost men not to be regarded? I know it cannot soe harbour in an Englishe thought : our honor is ruin'd, our ships are suncke, our men perisht, not by y' sword, not by an enemy, not by chance, but apparantly discernd before-hand out of strong pdictions, by those we trust, by that ptended care & thrift that vshers all our misfortunes, I coidd lose my self in this complaint, y' miseries, y' cala mities wt'*' o'' western parts have both seene & fealt, strike soe strong an apprehension on me. but y' perticulers are to manie to be instanct now: in their times y* wiU appear quite fully as incidents to that ace", w'*' if we therfore slight or overcast, maie then our sufferings evennore cor rect vs. but perchance it wnlbe said this concerns vs not, our monie was long since spent in other actions, nothing re maynd to this: to prevent the obiection I will make this answear, I know nothing soe prosperous or good in those former actions that may extenuate much less excuse the faults of this, & this I am sure falls w'''in y" compass of those ends to w'*' our money was given, for besides y' generaU of Warr, in w* it is included, it's in point con- taind in y' fowrth perticuler, y' setting forth of y' Navie, naie it is the verie perticuler it self that was intended, Sc I am sure our monie advanct, if not concluded this pre paration w''' makes it a proper sub' of y' ace". & I hope in conclusion wiU make it profitable, both for his Ma'" Sc vs. vpon these perticulers therfore I will contract my mo tion, this of y' ace", that of y' Kings estate, wherin I 156 SUPPLEMENT. shall desire ther may be a settled order for their handling, daies prefix't to take them into consideration. Committees therto speciaUy appointed, from w''' nothing may divert them, that by such seasonable Sc timeUe beginning we raay have a happie period & conclusion, & by such order preserve our times free from interruption, & produce, something worthy the expectation of the Countrie & our owne labors ; and the generaU [ ] w* I at first proposd I would not have forgotten, that vntiU these be perfitted & such other matters as shalbe necessary for the suppUe of the Countrie, noe mentions, noe overtures, noe motions for others to be taken, but that the common cause may have a full precedence, w'*" out of our affectionat & pious care, to secure y' waies in w''' we are to walke, to prevent those preventions vnder w''' we have heertofore soe much sufferd, to preserve the mutuall honor Sc interests of my prince, & countrie, I most humbly move." A second speech on ' Supply ' in the same session, made on Rudyard's motion on the King's inauguration-day, is again in a third hand, but has corrections, interlineations, and further additions by EUot, Here it is : — „ , „ Vpon the Proposition for Supply. Fol. 2S-33 noted' by s^^. " This daye was begunne w"" a happie auspice, and I hope R. to be the wee shall giue itt as happie a conclusion, though our debates Ki.ags birth- 1 .h . . ^ . . tii , day. may be w"^ some varietie of opinions, yett 1 doubt nott but SUPPLEMENT. 157 our resolucons wilbe one, and what difference soever ther may be in jiticulars, we shall concurr whoUe in the generall for the good of the Kinge and Kingdome, Sc to that direct o'' motions as to their Center, where we shaU fix in o'' periods and rest, the gent, that at first w"' the advantage of the tyme, did induce this p'"position for supplie made a fine insinuation by discourse of the state and affaires of Chris tendom, inferringe from thence out of their relacon to vs the dangers wee are in, and soe pressinge the necessitie of our ayde, that therby the Kinge might be enabled to resist them, wherein (as his ^testacon was that the feares w'^'' he ptended were not pani eke,) I shall add this to in horror of that gentelman y' I hope they are not panicke as artifices to move vs from the fixt station of our reasons ; but w"' satisfection vnto hira and the whole world besides, we shaU soe observe Sc note them, as things worthy consideracon & respect, yett not of such necessitie Sc hast, as should decline the gravitie of pariiam' Sc the due course of our proceed ings : but y'. wee may therein still reteyne the preservation of our orders, & exampled dig¬nitie and wisedome of our Ancesto'''. A special! respect in this proposition that is raade, must be to the abiUtie of the sub'% what power he has to answere the occasions of the K : for I remember a storie of Themistocles that when for the service of the Athenians he required certeyne monies of the Andrians whoe were then tributaries to that state, he was answered that they were denied to furnish him by the two great Goddesses of their Countrie povertye and impossibiUtie that then sweyd 158 SUPPLEMENT. them, & such powers haue noe resistance ; and if there should be the like diuinities w"" vs, certainlye our excuse were as lawfuU if we now refuse as they did. but to know this we must first looke vppon the condition of the kingdome & the state : that being knowne in truthe, & compard w"" the occasions that are extant, will best give a direction to our iudgments: therfore w"" this we will beginne, w* must shew vs, through that perspective the power & abilitie we are in, w"^*" can only crowne our purposes what ever wee intend, Sc w"' out w"*" all the ^mises wee make wilbe of none effect. This wee may consider in two pticulars of estate of wiU, (for though the latter be not properlie an abilitie but a disposicon), yet because its that w"'' must give motion to the other, I shall soe caU it here & therein give yo" some fewe observacons out of the reasons of these times, and from the exaraples of the Elder, for the first the abilitie of estate, I will not speake much singlie by it selfe but as it shall happen by mixture w"" the other, for though manye things might be urged vppon the psent condicon of the sub'' of dilation to this pointe, yet I am confident their shall neuer want abilitie in England and Englishmen, to supplie their Kinge w"" aydes necessarye or fitt for the advantage and suppo"''. of all his iust occasions. In that of will then, how the people stand dispos'd, how they are affected ther are many things observable for o"" affayres abroad, for our affayres att home, abroad in our late expe- dicon vnto Cales. what encouragment, what hart, what affection can it giue to that, that is required ? the oppres sions, the corruptions, the exactions, the extorsions are soe SUPPLEMENT. 159 infinite as almost noe pte is free, naie hardlie a man but has some cause drawen from those abuses w'*' doth both dis- harten and disable hira, honors made marchantable, iudi- ciaU places sold, Sc yet the rule acknowledged venders [ven- derlsj qua emerls gentlH lus esse. Cicero in one ofhis orations against Verres tells a storie how the ^vinces on a tyme were petition''' to the Senate that the lawe de pecuniis repe- tundis might be repealed againe, by w'^^ aU the corruptions of their officers were made punishable, the Senate (as he observes it) when they saw the scope of their petition begarm to wonder att the thing and desir'd to know the reason whye the repeale was sought of that -w^^ was onlie in fevour of themselues, but when they heard their answere they were satisfied that though twas true the law was soe intended yett the successe was otherwise, and whereas before their officers not feareinge to be questioned made their exaccons simplie for themselues and for the satisfeccon of their owne & private families and fortunes, now beinge held in terro'' by this lawe they were enforct to make them frends at Court to pcure them advocates, to procure them patrons for defence, if their cause should come in questiond. naie, to corrupt the Judges soe as they that before made onlye single exactions for themselues, now did double their oppressions to that height that the spoile of the ^vinces seemed to be devided amongst many, which likewise multi- pUe the iniuries w"" the occasions, Sc by that gaue them y' reason of complainte. what applicacon might this now haue to vs ? how does this sorte w"" the experience of these tymes ? were not the truth and dignitie of that i6o SUPPLEMENT. author w"'out question, it might bee taken rather for a prophisey of ours, then for a storye of that age : the discrip- tion is soe like to the practises w"' vs, that it seemes to be a meere Character of our sufferings : its too visible what oppressions haue been made, not onlye oppressions of the subiecte but oppressions on the Kinge, his Treasures are exhausted, his revenewes are consumed, aswell as the Treasures and feculties of the sub'', wherein many handes are excersised, diuers haue their gleanings but the harvest and great gatheringe comes to one, who must ^tect the rest and for his countenance drawes all others to him as his Tributaries whoe are enforc't by that not only to piUage for themselues, but him, and to the ^portion of his avarice and ambicon w'"" makes the abuse, & iniurie the greater. this cannot but disharten, this cannot but discourage all men well affected, all men well dispos'd to the advancraent and happines of the K : and w'''out some reformacon in these things I know not what willes or what abilities men cann haue to giue a new supplie ; yett that it may not be mistaken if ther should be an insistance vppon this to stope the ^position for the psent, I will vouch two denialls in like causes from the psidents of our Ancesto'''. in ould times wherein yett they concluded w"" a grant, and though in the beginninge of the pariiam*', as now, for like reasons they refus'd yett in the same sittings they consented when vppon remostrance of their burdens & necessities to the Kinge they had satisfaccon in their greivances w'^'' were soe like to ours, in all things but the time as I hardlie cann distinguish them. The first psident was in i6 H : 3. SUPPLEMENT. i6i when the coinons beinge required to make a supplie vnto the Kinge excusd themselues, because sales the record the[y] saw all things disordered by those that were about him, but when vppon their advise he had resum'd the lands of the crowne that were vnnecessarilie giuen away, when he had giuen way to the question of his ministers and not spared that great officer of his Court H. de Burgo a favorite never to be paraleld but now haueinge been the only minion both to y' Kinge then liveinge and to his father w'*" was dead, when they had seenn as another author sayes those spunges ofthe Comonwealth squezed into the Kings coffers, though they had formerUe denied it, they then did grant an ayd Sc in the same sittinge w'"" they had refus'd, haveinge for the Kings good some satisfaccon in what they did desire, they at length consented, and in such measure & ^portion as the Kinge himselfe confest it was more then was enough. The second psident was in x"^". R. 2. wherein I shall desire yo" to observe the Ukeness of some pticulars, for the placeinge and displaceinge of great officers, in w'^'' ther was the Tre : changd twise, the Chancellor thrise and soe of others w"'in the space of two yeares, and how many shiffts, changes, and rechanges cann this kingdome now instance in like tyme to parable w"* that ?, 2'y ther had beenn monies formerUe granted Sc not accounted for, and yo" know soe it is yet w"' vs. 3'^ there v/ere new aides .required w"' a declaracon ofthe Kings occasions and estate, and this Ukewise agrees w"" our condition, yett then for those and other exceptions made against the E : of Suffolke de la Poole the minion of that tyme of whome they said, y' he Y i62 SUPPLEMENT had misadvis'd the K : misimploy'd his Treasures, inter- verted his revenewes : the supplie deraanded was refus d vntill vppon the petition of the Comons he was reraov'd both from his offices and the Courte, and a comission likewise granted for the rectifieinge of the Kings estate, w'*" because it impo'''' an excellent intention and purpose of that pliam'. (though it had not the successe and fruite it meritted) I will be bold breiflye to observe the heads Sc grounds it had, vppon w'*" yo" shall make yo'' owne inference and Judgm'. it beginns thus. Whereas o"' Soffaigne Lord the Kinge pceaveth by the greivous complaints of his Lordes and Comons that his ^fitts rents and revenewes of his Realme, by the singuler and insufficient Counsell and euill goflm'. of &c.r' be soe much w'Mrawen, wasted, aliened, given, granted, destroyed and evill dispended, that he is soe much impoGished and voyd of Treasure and goods, and the sub stance of the crowne soe much diminished that his estate may not wholye be susteyned as apperteyneth &c : the Kinge of his free wiU at the request of the Lt : and Comons, hath ordeyned &c. to examine as weU the estate and goiJm'. of his house as also all the rents revenewes and ^fitts &c. and aU manno"^ of guifts. grantes alienations, and confirmacons &c of lands tenem'' rents &c. bargained or sould to the piudice of him and his crowne. and of aU JeweU [s] and goods w'"' were his grand fathers at the tyme ofhis death and wher the[y] be become &c. If now there were a such a Comission heer w"" vs to examine the revenewes of the Kinge, to veiwe that antient garden, Sc those sweet flowers o'th Crowne, Sc wher they SUPPLEMENT. 163 are now becorae, & how the inclosure being let downe, its made a common pasture. Searching for the treasures Sc ieweUs that were lefte bye that ever blessed princes of neuer dyinge memorie Queen Eliz (o'' those iewells the pride and glorie of this kingdome w'*" haue made it soe ferr shining beyond others, would they were heer w"'in the compass of these walles to be veiwd & seene by vs, to be examined in this place, their very nam? and memorie transports me, (but I must recall my self to the labor of this day) if I saye such a Comission were now extant to those that faithfulUe would execute itt, what advantage would it render to the K: that would remove all need to presse supplies from vs. But I must retorne to the obser vacons w'*" I left, this Comission beinge then granted and that fauorit reraoved, the gliam' consented to the ayd, and in the same sittinge they refused it, vppon this reasonable satisfeccon {W^ tended only to the Kings good & benefit) they at last granted & accorded it and left y'. example to posteritie, that alwayes to compile is not the dutie of a Councellor, But vppon these observations of the Elder to draw a conclusion for this tyme, w' shall we now doe ? shall wee refuse the ayd that is required, or delay it vntiU there shalbe satisfaccon given in such things as we reason- ablie doe desire ? noe I would not doubt the iustice of his Ma"' therein, but reteyne a confidence of him equaU to his goodnesse, and that confidence I doubt not wilbe more pvalent then gswasions fidelem sl putaverls, facies, saith Seneca, that confidence of ours wiU make him I hope the more confident of vs, and for the concurrence easier in aU 1 64 SUPPLEMENT. matters & affaires, in the assurance of w"^'' let vs now doe as our ffathers did before vs, present our greivances Sc cora plaints that the satisfaction given in them may prepare the affections of the people, Sc in the meane time soe fei-r yeeld to the proposition for supplie that we make a promise of the ayd w''' is vrgd for by the King ; but for the act, that may haue leasure to attend the dispach of the rest of our affayres, to w"' I hope this gliam' is auspitious, as in the begining this day was ^phisied to the gliam* : from both w'"" I desire may be derived a full streame of happines and felicitie both to the King & Kingdome," The memorials of the 3''. Parliament begin with a great ' Speech of the Patriot on its opening, of Religion and Liberty. Here it is : — Fol. 36-33. " It has been well propounded for a generall overture to our worke, that the manie points of consideration in this P, are to be the matters of relig. Sc our lib. whose neces sities require a present aid & succor, & whose safties com prehend all our happiness Sc hopes. What dangers they sustaine, what fears are now vpon them, may be collected from the former apprehensions of this place, or from the present reasons of the time, in w'*" from new occasions, new impressions are contracted, & by addition of new causes, an addition of new fears. In rell : the countenancing & favoring of papists, the imploi ment & preferm* of their Sectaries, the allowanc & admis sion of their preists, the neglect Sc remission of the lawes. SUPPLEMENT. 165 aU pubUckly, aU frequently, all confidentlie in practise : naie, & almost aU their [blank in MS.] actuated, & asmuch as borrowd & subordinat greatness might effect, the trulie pious Sc reUgious discountenanc't, their preferm''. hindred, their imploiments stop't, their ministries opposd & by new lawes Sc inquisitions questiond & disturbd: what argum'' are these ? what demonstration doe these make, but of a plott Sc practise for the subversion ofthe truth ? In the lib : the invasions have beene made vpon that sacred relicke of our ancestors; the attempts vpon our goods, the attempts vpon our persons ; our monies taken, our wares & marchandises seisd ; loanes, benevolences, contributions, impositions levied, & exacted : our bodies hurried Sc imprisond, & the power Sc execution of the Lawes vilified and contemnd ; naie (but that such actions could not pass w"'out the knowledge ofhis Ma"' in whose intention lives nothing but truth & goodness, & whose virtue, I am confident, has not beene consenting to the rest, in any pointe, as to a willing violation of the lawes, but as otherwnse it might be represented, & inform'd; but that such actions, I say, could not pass w"'out the knowledg ofhis Ma'' : whose iustice is a sanctuarie to all his loyaU sub'') I am doubtfuU the attempt had yet gone further to a higher pointe of enterprise, Sc we had hardly kept the securitie of our lives, but that w'*" is more then lives, more then the lives & liberties of thousands, then all our goods, all our interests Sc feculties, the life, the Ubertie of the p. the priviUdges & immunities of this h. w'^'" are the basses & support of aU the rest what preiudice has it i66 SUPPLEMENT. sufferd ? how has it beene attempted ? how violentlie, how impetuouslie assaulted ? y" cannot but remember it, y" cannot but observe it that it yet shakes w'*" -the shocke it has indurd. What doe these in ferr ? what construction doe -these make ? are they not plaine argum'' of danger ? doe they not by induction conclude reasons of fear & ielosie? I presume in a truth soe evident & cleer, noe contradiction can be made but aU mens harts confess it. nor are these dangers single, or consisting in termes seperat & divided that in the preiudice & danger of rell : we might retaine the saftie Sc securitie of our Ub : or (on the contrary) in the danger & preiudice of our lib : ther might be a saftie & securitie in reU : if soe, part of the fear might be extenuated, & the dangers would seeme less, wr^"" are now somuch augmented by coniunction, & mutuaU necessities betweene them, that ther cannot be a securitie in either, w"'out the confederation of them both, noe s" ; such are their interests, & relations, such reciprocaU depen dencies they have, & w"" such helps & advantages to each other, that, on the other side, in opposition to the danger, this ground & position we may laie. That w"'out a change & innovation in our lib : ther is noe fear of an innovation in reU: & w^but an innovation in reU: ther is no fear of change or innovation in our lib : (I speake w"' submission al wayes to the divine power & providence whose secrets none can penetrat) but in probabiUty I say from the argum'' Sc de ductions of reason, (& I hope to shew it cleerlie) That an innovation in our poUicie cannot be introduc't but by an adverse strength & partie in reUigion : nor can rell : have SUPPLEMENT. 167 that wound to meet soe strong a partie of hir enemies while the antient poUicie is mayntaind, that is while our lawes Sc liberties are in force : the reason ofthe former. Nature it self presents vs, & we shall not neede more evidenc then that noe man is naturally an enemie to himself, those that are borne in libertie doe aU desire to live soe ; but the antiente lib : of this kingdome what comparison may they have ? the freedome of this nation, the feUcities it has had in the glorie Sc honor of the pr ; in the quiet & tranquilitie of the people ; the generall Sc common happiness w'"" soe long we have enioy'd vnder our owld lawes & liberties, who could be drawen to leave them? what ignorance would disert them to submitt to the fears & incertainties of a change ? none ; I may bouldly say ther's none of a sound hart or iudgment, naie that wilbe guided but by sence ; none, but some rotten raembers, men of seduc't & captiv'd vnderstandinges, who to the quailes & manna sent from heaven, prefer the flesh- potts & garlicke of the Egiptians, none but that false partie in rell, w* to their Ro. idoU wiU sacrifice all other inte rests & respects : none but such as have swallowd downe that Sote the Leaven of the Jesuits, can be possest w"" this ignorance or stupiditie ; soe to forgett their pr. soe to forgett their Country, soe to forgett themselves, and w"'out such a fals partie of our selves, such an intestine faction w'''in vs, noe forraigne power can doe vs preiudice (besides the strength & valor of our nation, in that defeat, we having nature & G. to aide vs. the frame & constitution of this state, therin answearing to the ground Sc center that i68 SUPPLEMENT. it stands on, the Earth, w"' a little winde w"'in it makes to t[r]emble but noe outward storm or violence can raove ; soe as (I say) but for a false partie in rell: our lib: are safe. ffor the other part of the position that I made, that the safetie of rell : depends vpon the saftie of our Uberties, the reason is apparant in the force & letter of our lawes, -w"^ first in the generall provide against all formes of innova tion ; Sc also in perticuler take care to prevent the prac tise of pur enemies, by exclusion of their instrum'', by restraining of their proseUtes, by abolishing their cere monies, their sorceries ; soe as while these lawes continue, while they retaine their power & operation in that pointe likewise we are safe, that ther cannot be an innovation in rell : w"'out a change likewise in the poUicie. if this truth were not perspicuous, we have examples to confirme it, wherin y'' owne experiences can help me. if y" consult y' memories but for the storie of these times, for a few years past, since wee first enterd into those vnhappie treaties w"' the Spa: (that vniversall patron ofthe Cath :) since we have vsd a remission of the lawes, a lessening & extenua tion of their rigor ; since their sharpness, their severitie has declin'd, and their life & execution has been measur'd by that gentle Lesbian rule ; how have our enemies pre vaild ? how infinitly have they multiplied ? what an in crease of poperie has' ther beene ? what bouldness what con fidence has' it gotten ? the consideration ofit strikes such a terror to my hart, that, my thinks, I have an apprehension at this instant, that while we are heer in deUberation, con sulting of the lawes, by w'*" we might repress them, they SUPPLEMENT. ,69 are in act, laboring w"" their instruments for the vnder- mining of those lawes by w''' we doe consult. Such is growne their their bouldness such increases they have had by the remission of the lawes, what then a defection would induce, what would be the consequence of that a faction, we may easilie conclude, adeo manifestum est (as Tacitus sales in the like case) ne^ perire, netp salvas esse nisi vna posse, they are Uke Hippocrates twinns, borne vnder such a ConsteUation, that the same passions doe affect them, & their inchnations are common & alike both vnto health, & sickness, soe as in the coniuncture 'tis apparant what great danger wee are in. Nor does the termination of our danger rest in this, in this double danger of reU : & our Ub : (though in that it be too much & from w'*" I be seech the L. deUver vs) but it yet goes further & takes in a third concommitant, the danger of the K. the danger of the St. w^*" (as their is a mutuaU involution of the others) is soe involv'd in them, that ther cannot be a preiudice to either, but this likewise must participat. ffor as a defection in our lawes prepares the way, & opens to a defection in rell : soe a defection in rell : would soone induce in the partisans therof a defection of their loyalties : the verie obiect of their faith & principle of their motions being obedience to the papacie, & the doctrines of the Jesuits, Sc both these leading (as their owne authorities confess it) to advance the Spa : greatness ; to erect that temporal! Monarchie to the pretended lati tude & extension of w''"' they assume for their spiritual!, & to make it (answearable to the title they have given it) 170 SUPPLEMENT. Catholicke Sc Vniversall soe that to the danger of rell : Sc our Ub: from the same reasons & necessities is added likewise the danger and dissaftie to the state. from here then ( ) y" may see the truth of that suggestion so often framd against vs, that our labors & agi tations of these points, in the instances, & insistances we have raade for rell : & the lib : we have studied onlie an op position to the K & the scandaU ofthe goverm' : here y" may see likewise the truth of that assertion, w'*" so farr pre- vailes against vs, that the lib : of the Kingdome are a diminution to regaUtie : when the verie contraries are evi dent, that into the regali saftie the Ub : of the Kingdome have a large power & influence : & that ther cannot be a more advantage to the K. or honor to the goverm*. then the care & agitation of these points, naie further, this in ferene I wiU add, for a note & character of the oppo- sits, that he that is not affectionat to these a frinde both to our rell : & our lib : what ever outward sh€wes or pretences may be vsd is secretlie & in hart noe frinde but enemie, (& when occasion is wilbe so ready to declare him) both to the K. & St, this treble consideration ofthe State, of reU : of ourlib : has' now caUd me vp, the strickt' coniuncture is betweene them, Sc the necessities they are in : the importance of this pointe to have them rightlie apprihended, Sc the light it wiU diffuse, w'^'' may have some reflection on his M' : the prevention it may give to the detractions of our ene mies, & the difficulties it may remove from the course of our proceedings (that noe felse pretensions doe disturbe vs SUPPLEMENT. 171 for order or precedenc, wherin, I fear, we have had noe smaU preiudice heertofore) these considerations, I say, have beene my occasion at this time, this indeavor flowing from the intention of my dutie, my dutie toy'' Service, my duty to my Countrie, my dutie [to] my Sover, my dutie vnto God ; that generall obligation bindes vs all, in a cause of this necessitie has' exacted this expression, in w"', I hope, I cannot be mistaken, & therfore I shall conclude w'" this motion or desire, in respect of the great importance of the work ; ther being such apparant dangers in reU : & our lib : & those soe trenching by reflection on the St, their coniuncture & dependance being such that the same dangers & necessities are common to them aU, I shall desire (I say) that on those two principles we may pitch of rell. Sc our lib : that these may be the subiect of o'" treaties, & that heerin our cares may be equally divided, w'''out anie preiudica! affectation of either, Sc that by a firme & settled order of the house nothing may retard or interrupt vs but that in a constant & strickt' course we may keepe our intentions on these points, till they are weU establisht'." Subsidiary to this is a rough holograph draft of another Speech on the proposition of the Courtiers for a Fund. It thus runs : — "The greatness Sc necessitie ofthis worke maks me thinke Fol. 34-35. it necessarie to vse sorae now toward^ it : for not only the evills of guilt & punishment are before vs all things 172 SUPPLEMENT. threatning w"' miserie & affliction, all things crying for that iustice frora above : but even the evills of o'' huraiUa- tion theraselves, & our former solemnities I fear in those acts of humiliation, have beene evell w'"" requires some caution by the way, that we turne not our pieties to impiety, religion is the cheife virtue of a man, devotion of relligion, praier & fasting are the cheife characters of de votion, let these be corrupted in their vse, the devotion is corrupt: if the devotion be once taynted the religion is impure ; it then becomes but an outward forme of godli ness denying the power, Sc as its concluded in the text a religion that's in vaine, for such religion in this place, or at these times I impeach noe man let their owne consciences accuse them ; of such devotion I make no iudgment vpon others, but leave them to the searcher of all harts ther only for caution I address that if we have beene guiltie in this kinde let vs now heer repent it. let vs remember that re pentance is not in words, 'tis not by saying Lord, Lord we shaU enter into heaven, but doing the wiU of our ffather w''' is in heaven ; & that doing is not by vndoing of our Countries, 'tis not that ffathers wiU that we should betray that mother j 'tis not a privat contract to the pub licke breath & preiudice. but a sinceritie in aU a through out integritie & perfection that our words & works be answearable, for y' our actions correspond not to our words, noe iustice can perswade vs that successes shalbe better then our harts, w"^"" when such neer kindred differ, strangers may be at odds. Sc the prevention of this evill is the cheife reason that I move for. nor is it wi"'out cause that this SUPPLEMENT. 173 motion does proceed, if we reflect vpon the former passages of this place may might be thence collected to support the proprietie of this caution but the desire is better to reforme errors, then remember them, my affections strike for the happiness of this meeting, that must be had from god, 'tis his blessing though our crowne : Let vs fear him there fore in aU sinceritie expect it, & if by vaine shadowes wdll delude vs, let vs distinguishe between true substances & those shewrs. 'tis religion not the name of religion that must guide vs, that in the truth, therof we may w"" all vnitie be concordant not turning it into subtiltie & art playing w"" god as w'" the powers of men, but in the sin- ceritye of our sowles doing that worke we come for w**" I most humbly move & pray for that blessing from above." [^See continuation of the Port Eliot MSS. in the Supplement to Fol. II. page III.] END OF VOL. I. '/?TrS CHISWICK PRESS :— C. WHITTINGHAM AND CO. TOOKS COURT, CHANCERY LANE. YALE UNIVERSITY a39002 003097020b