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But the commons stoutly insisted on their own bill; and the lords, in that hurry of noise and confusion, when the people were abroad, kindly consented likewise to it: and so, by the importunity, and upon the undertaking of persons he then most trusted, in the agony of the other despatch, the king was induced to include that bill in the commission with the act of attainder, and so they were both passed together.

After the passing these two bills, the temper and spirit of the people, both within and without the walls of the two houses, grew marvellous calm and composed; there being likewise about that time passed by the king, the two bills, for the taking away the star-chamber court, and the high commission: so that there was not a grievance or inconvenience, real or imaginary, to which there was not a through remedy applied; and therefore all men expected, that both armies would be speedily disbanded; and such returns of duty and acknowledgment be made to the king, as might be agreeable to their professions, and to the royal favours he had vouchsafed to his people.

But what provisions soever were made for the public, particular persons had received no satisfaction. The death of the earl of Bedford, and the high proceedings in all those cases in which the king was most concerned, left all those who expected offices and preferments, desperate in their hopes and yet an accident happened, that might have been looked upon as an earnest or instance of some encouragement that way.

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naturally expect from the compliance and affection of the house; or what was any way recommended by his majesty to them, found little or no respect.

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His revenue was so far from being advanced, (as had been gloriously promised,) that it was, both in dignity and value, much lessened from what it was: for shortly after the beginning of the parliament, great complaint had been made, "that tonnage and poundage" (which is the duty and subsidy paid by the merchant upon trade) "had been taken by "the king without consent of parliament; case whereof in truth is this: this duty had been constantly given to the succeeding king, ever since the reign of king Edward the Fourth, for his life, in the first parliament they held after their coming to the crown: before that time, it had been granted for years; and was originally intended for the support of the navy, whereby the merchant might be freed from danger of pirates; and upon the death of every king since that time, his successor always received it, without the least interruption, till the next parliament; in the beginning whereof it was always without scruple granted: so that, though it was, and must always be acknowledged as the free gift of the people, (as all other subsidies are,) yet it was looked upon as so essential a part of the revenue of the crown, that it could not be without it: and as the king is not less king before his coronation than he is after, so this duty had been still enjoyed as freely before, as it was after an act of parliament to that purpose; neither had there been ever any exception taken in parliament, (which sometimes was not in a year after the death of the former king,) that the crown had continued the receipt of it; which it always did, till the time of a new grant.

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Besides the lord Say's being invested in the mastership of the wards, in the place of the lord Cottington, (who was every day threatened, upon the secretary's paper of results, to be accused of high treason, till, like a wise man, he retired from Thus, after the death of king James, his majesty the offices which begat his trouble; and for a long received it, till the first parliament was summoned; time after, till he again embarked himself in public and, that and two more being unfortunately disemployments, enjoyed himself without the least solved, (as was said before,) in which his ministers disturbance,) at a committee in the lords' house, were not solicitous enough for the passing that act in the afternoon, in some debate, passion arose for tonnage and poundage, continued the receipt of between the earl of Pembroke, who was then lord it till this present parliament: then (that is, many chamberlain of the household, and the lord Mow- weeks after the beginning of it) it was directed, bray, eldest son to the earl of Arundel; and from "that a bill should be speedily prepared for the angry and disdainful words, an offer or attempt of granting it, as had been usual, lest the crown blows was made; for which misdemeanour, they" might, by so long enjoying, in a manner prewere the next day both sent to the Tower by the "scribe to it of right, without the donation of the house of lords. The king, taking advantage of this" people;" which the king always disclaimed to miscarriage; and having been long incensed by the do. Shortly after (no man presuming to intimate, passionate, indiscreet, and insolent carriage of the that it should be granted in any other manner than earl, sent to him, by a gentleman usher, for his of course it had been) it was alleged, "that the staff; and within two or three days after bestowed" bill could not be so speedily prepared as were to it upon the earl of Essex; who, without any hesi- "be wished, by reason that there were many just tation, took it. exceptions made by the merchants to the book of It was thought this extraordinary grace to the rates, which had been lately made by the farmers most popular person of the kingdom would have "of the customs, in the time and by the direction had a notable influence upon the whole party, "of the earl of Portland;" (circumstances that which made him believe it depended very much on carried prejudice enough to whatsoever they were him: but it was so far from having that effect, as applied;) and therefore it was proposed, for the they looked upon that favour, rather as a mark of present, as the best expedient to continue his mapunishment and revenge upon the earl of Pem-jesty's supply, and to preserve the right of giving broke, for his affection to them, and for giving his in the people, "that a temporary bill should pass, suffrage against the earl of Strafford, (which he" for the granting the same to his majesty for two had often professed to the king he could never in conscience do,) than of estimation and kindness to the earl of Essex; and so were in truth more offended and incensed with the disgrace and disobligation to the one, than they were pleased with the preferment of the other: therefore whatever concerned the king in right; or what he might

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"months only, in which time a new book of rates "should be made, more advantageous to his ma'jesty in point of profit," (which was always solemnly professed,) "and then a complete act might

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To this purpose a bill was accordingly brought in, the preamble whereof " renounced and declared

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against not only any power in the crown of levying the duty of tonnage and poundage, without "the express consent of parliament, but also any power of imposition upon any merchandises whatsoever, and in any case whatsoever;" which had been constantly practised in the best times by the crown; had the countenance of a solemn judgment in the exchequer chamber; and, though often agitated in parliament, had never been yet declared against yet this quietly passed both houses, as a thing not worth considering; those who in duty ought to have opposed it in both houses, in relation to their service and trust, persuading his majesty, since he was sure to have whatsoever he or his progenitors had enjoyed, fully and frankly given and granted to him within two months, not to enter into disputes, (upon how just claims soever,) which would only delay what he so much desired. And so, in expectation and confidence, that they would make glorious additions to his state and revenue of the crown, his majesty suffered himself to be stripped of all that he had left; and of the sole stock of credit he had to borrow monies upon: for though, in truth, men knew that revenue was not legally vested in the king till an act of parliament, yet all men looked upon it as unquestionably to pass; and so it was not only a competent proportion for the present support of his house, but was understood a good security for any ordinary sum of money upon advance, as forty or fifty thousand pound, upon any emergent occasion.

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"of his progenitors had enjoyed; and to settle his majesty's revenue: that they had reason to fear "his majesty's own concurrence, at least his approbation, in this design, (which, if not pre"vented, must have proved so pernicious and "fatal to the kingdom,) for that, besides that the persons principally engaged in it were of the nearest trust about the king and queen, they "had clear proof, that a paper had passed his majesty's perusal, in which were contained many sharp invectives against the parliament; a desire "that they might have the exercise of martial law, (the mention whereof was the most unpopular "and odious thing that could be imagined,) and an offer of service to defend his majesty's person, which was an implication as if it had been "in danger: and that this paper should have been signed by all the officers of the army; for their "better encouragement wherein, the king himself "had written a Č. and an R. as a testimony that "he approved of it."

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This discourse, so methodically and confidently averred, made a strange impression (without reserving themselves till the evidence should be produced) in the minds of most men; who believed, that such particulars could never have been with that solemnity informed, if the proofs were not very clear; and served, not only to blast whatsoever was moved on his majesty's behalf, but to discountenance what, till then, had been the most popular motion that could be made, which was, the disbanding both armies, and the Scots' return into their own country. For the better accomplishment whereof, and as a testimony of their brotherly affection, the two houses had frankly and bountifully undertaken "to give them a gra"tuity of three hundred thousand pounds, over and above the twenty-five thousand pounds the month, during the time that their stay here "should be necessary."

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After that act, the king might have been reasonably awaked from any extraordinary confidence in the loyalty, honour, or justice, of both houses. And without doubt, when posterity shall recover the courage, and conscience, and the old honour of the English nation, it will not with more indignation and blushes contemplate any action of this seditious and rebellious age, than that the nobility and gentry of England, who were not guilty of the treason, should recompense an invasion from a foreign contemned nation, with whatever establishments they proposed in their own kingdom, and with a donative of three hundred thousand pounds, over and above all charges, out of the bowels of England; which will yet appear the more prodigious, when it shall be considered, that a fifth part of those who were accessaries to that infamous prodigality were neither favourers of their ends, or well-wishers of their nation.

All men discerned this gross usage, and the disadvantage imposed upon his majesty by this mutation; and therefore expected a full reparation, by such an act for life as had been usual; and such an improvement of the book of rates as had been promised, as soon as the business of the earl of Strafford was over: which had been always ob-" jected, as necessary to precede all other consultations. But this was no sooner moved, " as season"able in order to their own professions, and in a degree due to the king, after so many reiterated expressions of favour and affection to his people, "by so many excellent laws, and other conde"scensions," than they objected, "the odiousness "of the late plot against the parliament, which was not yet fully discovered: that notwithstanding those gracious demonstrations of favour "from the king, in the laws and other acts mentioned, they had great cause to apprehend, some "ill affected persons had still an influence upon "his majesty, to the disservice of the parliament, "and to beget jealousies in him towards them; for "that they had plainly discovered (which they "should in a short time be able to present fully "to the house) that there had been a design, not only to poison the affections of the army towards "the parliament, by making them believe that they were neglected, and the Scots preferred "much before them; but to bring up that army "to London, with a purpose to awe the parliament: that there was a resolution to seize the Tower, and to make it a curb upon the city: "that there had been an attempt to prevail with "the officers of the Scottish army, at least to sit "still as neuters, whilst the other acted this tragedy: that the confederates in this design had "taken an oath, to oppose any course that should "be advised for the removing the bishops out of "the house of peers; to preserve and defend the king's prerogative, to the utmost extent that any

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Very many giving themselves leave, unfaithfully, to be absent from those debates, when the wealth and honour of their country was to be transplanted into a strange land; others looked upon it as a good purchase, to be freed of the payment of fourscore thousand pounds the month, (which was the charge of both armies,) by an entire sum of three hundred thousand pounds; and some pleased themselves with an assurance, that the scandal and unreasonableness of the sum would provoke the people to a hatred and revenge, and so that the brotherhood would not be supported,

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but destroyed, by that extravagant bounty: but these were only short ejaculations to please themselves for the time; for many of those, who had no other reason to consent to that vast sum, but that they might be rid of them, were so inflamed and transported with the tale of the plot, that they had then no mind to let them go; and had so far swallowed and digested an assurance that it was true, that they reserved no distinguishing or judging faculties, for the time when the evidence and proof should be presented to them.

After they had played with this plot, and given the house heats and colds, by applying parts of it to them upon emergent occasions, for the space of near three months; and finding, that though it did them many notable services, in advancing their own reputations, and calumniating the king's honour, yet, that it had not a through effect at court for their preferment; they resolved to shew all their ware, and to produce the whole evidence: for the perfecting whereof, they had " a late great "mark of God's great favour towards them, in his "furnishing them with evidence for the complete "discovery of all the mischief, from one that was "a principal contriver of it."

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grave and judging an assembly, as a high court of parliament, till then, had always been, have brought the least prejudice upon the king; or, indeed, damage to any person accused: there being, in all the testimonies produced, so far from any proof, of a real design, or plot, to bring up the army (which was the grand matter alleged) to awe the parliament, that in truth it was very evident, there was no plot at all; only a free communication between persons (the major part whereof were of the house) of the ill arts that were generally used to corrupt "the affections of the people; and of some expedient, whereby, in that so public infection, the " army" (in which they had all considerable commands, two of them being general officers) "might "be preserved from being wrought upon and corrupted:" in which discourse, colonel Goring himself, as appeared by his own examination, only proposed wild and extravagant overtures, "of bringing up the army, and surprising the Tower; "which was, by all the rest, with manifest dislike, rejected that all this had passed at one meeting, in which, they who met were so ill satisfied "in one another, that they never would come together again: that, when the bringing up the We said before, that upon the first motion in army to London was mentioned to the king, the house of commons, by Mr. Pym, " for a com- "his majesty would not hear of it, but only de"mittee to examine, and for an address to the "sired, that their affections might be kept entire "king, that he would grant no passes to any of" for his service, as far as was consistent with "his servants to go beyond seas," two persons, of" the laws of the land, which were in danger to near relation to his trust, immediately absented "be invaded." themselves; which were Mr. Peircy, and Mr. Jermyn. The latter of these, without interruption, transported himself into France; but Mr. Peircy, delaying his journey upon some occasions of his own, and concealing himself in some obscure places in Sussex, near to his brother's house, was at last discovered; and when he endeavoured to have escaped, was set upon by the country people, and with great difficulty, and not without some hurt, got from them, and was not in some months again heard of.

It was generally believed afterwards, that finding the seaports shut, and watches set for his apprehension in all those places, whereby the transporting himself into foreign parts was very difficult, he found means to return to London, and to put himself into his brother's protection; where it is thought he was harboured, till his hurt was cured; the strictness of the inquiry over; and till he had prepared that letter to his brother, the earl of Northumberland, which served, as far as in him lay, to destroy all his companions, and furnished the committee with that which they called "a "double evidence:" for they had no sooner received that letter from the earl of Northumberland, than they told the house, "they were now ready "for a complete discovery;" and thereupon produced the evidence of colonel Goring, and the letter from Mr. Peircy; both which agreed upon the relation," of a meeting at Mr. Peircy's chamber; and of a discourse of the parliament's ** neglect of the king's, and favouring the Scottish "army; the taking an oath of secrecy; and some "other particulars:" all which had been positively denied, by those members of the house of commons, Mr. Wilmot, Mr. Ashburnham, and Mr. Pollard, upon their examinations upon oath.

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It will hardly be believed hereafter, (but that the effects of such impostures have left such deep marks,) that the evidence then given could, in so

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Yet, notwithstanding that all this appeared; and that this was all which did appear, (besides a discourse of the petition; for the petition itself they would not produce, signed with C. R. which is before set down in terms,) the specious, positive narration of the whole by Mr. Pym, before the evidence was read; the denying of what was now proved, and confessed by themselves, by Mr. Wilmot, Ashburnham, and Pollard, upon the former examination; the flight of Mr. Jermyn, and Mr. Peircy, and some others; the mention of some clauses in the petition signed with C. R.; and some envious, dark glances, both in Mr. Goring's examination, and Mr. Peircy's letter, at the king and queen, as if they knew more than was expressed, so transported the hearers, (who made themselves judges too,) that, taking all that was said, to be proved, they quickly voted," that there was a design to bring up the army to force the parliament;" resolved to accuse Mr. Jermyn and Mr. Peircy of high treason; committed the three members of the house of commons to several prisons, and put them from being members of parliament, that in their rooms they might bring in three more fit for their service, as they shortly did; gave colonel Goring public thanks, "for preserving "the kingdom, and the liberties of parliament; and filled the people with jealousy for their security, and with universal acclamations of their great wisdom and vigilancy. So that this plot served to produce their first protestation; to inflame the people against the earl of Strafford, and in a degree to compass their ends upon that great person, as hath been before observed; to procure the bill for the continuance of this parliament, the foundation, or the fountain, of all the public calamities, to hinder and cross all overtures made for the revenue of the king, and to lessen the general reverence and duty to both their majesties; to continue the Scottish army within the kingdom,

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and consequently to hinder the king's from being disbanded; to incense both houses against the bishops, as if the design had been principally for their protection, (and there being one witness who said, "he had been told, that the clergy would "raise and pay one thousand horse, to be employed against the parliament,") to blast the reputation of the earl of Newcastle, whose zeal to his majesty's service was most remarkable, as if he had been to have commanded the army; and lastly, to advance their own credit and estimation with the people, as if they were the only patriots, that intended the preservation of religion, law, and liberty.

And having made this use of it, (which is a sufficient argument what opinion they had of their own evidence,) they never proceeded against any of the persons who were in their power, though they patiently attended and importuned a trial above a year after their accusation: for they well knew, there must be then a more exact and strict weighing of the proofs; and that the persons accused could not only vindicate themselves from the aspersions which were laid upon them, but could recriminate upon their grand prosecutors with such charges, as they would not so easily be freed from; and this was the reason, that, even during the heat and noise of the accusation, they received very civil offices, visits, and addresses, from the chief of those who were trusted with the prosecution.

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after his wound was recovered, advised with a confident friend then in power, whose affection to him he doubted not, and who, innocently enough, brought Mr. Pym into the council, who overwitted them both, by frankly consenting, "that Mr. Peircy should escape into France," which was all the care the earl had; but then obliged him, "first to draw such a letter from him, as might "be applied as an evidence of the reality of the "plot, after he was escaped;" and in this manner the letter was procured: which made a lasting quarrel between the two brothers; and made the earl more at the disposal of those persons whom he had trusted so far, than he had been before.

After the act for the continuance of the parliament, the house of commons took much more upon them, in point of their privileges, than they had done; and more undervalued the concurrence of the peers; and though that act added nothing to, nor extended their jurisdiction: which jurisdiction the wisdom of former times kept from being limited or defined, there being no danger of excess; and it being more agreeable to the nature of the supreme court to have an unlimited jurisdiction. But now that it could not be dissolved without their consent, (the apprehension and fear whereof had always before kept them within the bounds of modesty,) they called any power they pleased to assume to themselves, a branch of "their privilege;" and any opposing or questioning that power, a breach of their privileges: "which all men were bound to defend by their "late protestation; and they were the only proper judges of their own privileges.'

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Hereupon, they called whom they pleased delinquents; received complaints of all kinds, and committed to prison whom they pleased: which had been never done, nor attempted, before this parliament; except in some such apparent breach, as the arresting a privileged person, or the like: and, as if theirs had swallowed up all other privileges, of peers, and [the] king himself, upon the lords rejecting a bill sent up to them, "to compel all persons" (without distinction of quality, and without distinction of punishment or proceeding, upon their refusal) "to take the late protestation;' and two lords of great estimation (the earl of Southampton, and the lord Roberts) having refused to take the same; the house of commons, in great fury, and with many expressions of contempt, by a vote declared, "that the protestation "made by them was fit to be taken by every

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The sending that letter of Mr. Peircy's to the house of commons; or rather, the procuring that letter to be writ, (in which such insinuations were made, to the prejudice of the king and queen,) was the first visible instance of the defection of the earl of Northumberland towards his majesty's service; which wrought several ill effects in the minds of many: for, as the earl then had the most esteemed and unblemished reputation, in court and country, of any person of his rank throughout the kingdom; so they who knew him well, discerned, that the greatness of that reputation was but an effect of the singular grace and favour shewed to him by his majesty; who, immediately upon the death of his father, had taken this earl (being then less than thirty years of age) into his immediate and eminent care; first made him a privy-counsellor; then knight of the order of the garter; then (that he might apt him by degrees for the greatest trust and employments) sent him admiral into the narrow seas, of a royal navy; and, after a summer spent in that exercise, made him lord high admiral of England; and, to the very minute of which we speak, prosecuted him with all manner and demonstration of respect and kindness; and (as I heard his majesty himself say)" courted him "as his mistress, and conversed with him as his or commonwealth;" and directed farther, "that friend, without the least interruption or inter- "that vote should be printed, and that the knights "mission of all possible favour and kindness." "and burgesses should send down copies of it to And therefore many, who observed this great earl" the several places for which they served:" which purchase this opportunity of disserving the king, at the price of his brother's honour, and of his own gratitude, concluded, that he had some notable temptation in conscience, and that the court was much worse than it was believed to be.

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The truth is, that after his brother's being accused of high treason; and then, upon his hurt in Sussex, coming directly to Northumberlandhouse to shelter himself; the earl being in great trouble how to send him away beyond the seas

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person, that was well affected in religion, and to "the good of the commonwealth; and therefore, " that what person soever should not take the pro"testation, was unfit to bear office in the church

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was the most unparalleled breach of privilege, and
the highest and most insolent affront to the lords,
to the king, and to the justice of the kingdom, and
the most destructive to parliaments, that any age
had been guilty of. And yet, when some of the
peers nobly resented it, on the behalf of the peer-
age, and the liberty of the subject, and pressed
resolutely for reparation, means was found out to
engage the king to interpose his royal mediation
with those lords, to the end they might quietly

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pass by that public violation and indignity, without further insisting on it.

All this time the two armies were continued at that vast charge, many men whispering (but so that it might be spoken of) "that the Scots would "not retire till the bill against episcopacy were "passed:" whereupon the king sent them word, about the beginning of July, "that he desired "all speed might be used for the disbanding "both armies; for the better and more orderly doing whereof, he had constituted the earl of Holland general of his army," (the earl of Northumberland, by reason of his indisposition in health, or some other reason, having laid down his commission,) " and intended forthwith to send "him down thither: that his majesty himself, according to [a] former resolution, and promise "made to his subjects of Scotland, meant to visit that his native kingdom, for the better perfecting "the peace there; and appointed the day (about fourteen days after) he resolved to begin his progress; and therefore wished them, against "that time, to prepare and finish any such acts, as they desired might receive his majesty's approbation, for the good of the kingdom, if there yet "remained any thing to be asked of him." Notwithstanding which message, they spent most of their time upon the bill for extirpation of bishops, deans, and chapters; without finishing either the act of pacification between the two nations, or giving order for the disbanding the army.

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which could do mischief, than as a person so obnoxious to them, in the misexecuting his great and terrible office of chief justice in eyre, by which he had vexed and oppressed most counties in England, and the most considerable persons in those counties; and in other particulars; that they knew he durst not offend them, and would purchase their protection and good opinion at any price: as it fell out; for within few days after the king was gone through that army, in his way to Scotland, he wrote a letter, which was communicated to both houses, in which he mystically expressed some new design to have been set on foot for corrupt"ing the army;" for which there was never after the least colour given; but served then to heighten the old jealousies, and to bespeak a misunderstanding for whatsoever should be proposed on his majesty's behalf during his absence.

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After their great end was obtained in the execution and death of the earl of Strafford, all men believed, that they would be very forward in dismissing the Scottish army, and disbanding the other, which cost the kingdom so vast a sum of money every month; and they had already voted a brotherly assistance to the Scots of three hundred thousand pounds, for the service they had performed; and an act was already prepared for the raising the sum: but they had yet no mind to part with their beloved brethren.

The commissioners who treated with the Scots had agreed, " that the king should be present in "his parliament at Edinburgh, by such a day in

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July, to pass the act for pacification between the "two kingdoms, and such other acts as his par"liament there should propose to him;" and his majesty prepared to begin his progress, soon enough to be in Scotland by the time; and they resolved on all sides," that the one army should "be drawn out of the kingdom, and the other " totally disbanded, before the king should arrive "in the northern parts, for many reasons.' As they had lost all confidence in the affections of the English army, so there were many jealousies arisen among the Scots, both in their army, and amongst their greatest counsellors: notwithstanding all which, instead of making haste to the disbanding, they published much jealousy and dissatisfaction to remain with them of the court; "there were some evil counsellors still about the king, who obstructed many gracious acts, which "would otherwise flow from his goodness and bounty towards his people; and made ill impressions in him of the parliament itself, and its proceedings."

It was wondered at by many, and sure was a great misfortune to the king, that he chose not rather at that time (though the business was only to disband) to constitute the earl of Essex general of his army, than the earl of Holland; for (besides that it would have been an act of much more grace and satisfaction to the people, and to the soldier) his majesty having lately given him so great an earnest of his trust, as the making him chamberlain of his house, ought in policy to have pursued that work, by any seasonable accumulation of favour, till he had made him his perfect creature; which had been very easy, if skilfully attempted: for his pride and ambition, which were not accompanied with any habit of ill nature, were very capable of obligations; and he had a faithfulness and constancy in his nature, which had kept him always religious in matter of trust: then, he was almost a declared enemy to the Scottish nation, and would have been very punctual in all formalities and decencies, which had any relation to his master's honour, or the honour of the nation. In a word, he might have been imposed upon in his under-" standing, but could not have been corrupted by hopes or fears what the two houses could have done to him: and was then more the idol of the people, than in truth the idolater of them.

Whereas, by making the earl of Holland general, he much disobliged the other, who expected it, and to whom it had been in a manner offered; and made him apprehend some distrust in the king towards him; and that his former favour in his office had been conferred on him, rather because no man else had been able to bear the envy of displacing the earl of Pembroke, than that his own merit and service was valued. Then the person, upon whom he conferred that honour, had formerly disappointed him, and often incurred his displeasure, and wore some marks of it; and was of no other interest or reputation with the party

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Their design was to remove the duke of Richmond from the king, both because they had a mind to have his office of warden of the cinque-ports from him, that it might be conferred on the earl of Warwick; and as he was almost the only man of great quality and consideration about the king, who did not in the least degree stoop, or make love to them, but crossed them boldly in the house; and all other ways pursued his master's service with his utmost vigour and intentness of mind: they could not charge him with any thing like a crime, and therefore only intended by some vote to brand him, and make him odious; by which they presumed, they should at last make him willing to ransom himself by quitting that office: for which there was some underhand treaty, by persons who were solicitous to prevent farther inconveniences; and,

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