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conversation, and really preferring it to any of his He entered into a fatal quarrel, upon a subject own: insomuch as upon the king's making him very unwarrantable, with a young nobleman of gentleman of his bedchamber and viscount DonScotland, the lord Bruce; upon which they both caster, and by his royal inediation in which office transported themselves into Flanders, and at- he was a most prevalent prince) he obtained the tended only by two surgeons placed at a distance, sole daughter and heir of the lord Denny to be and under an obligation not to stir but upon the given him in marriage; by which he had a fair fall of one of them, they fought under the walls of fortune in land provided for any issue he should Antwerp, where the lord Bruce fell dead upon the raise, and which his son by that lady lived long to place; and sir Edward Sackville (for so he was enjoy. then called) being likewise hurt, retired into the He ascended afterwards, and with the expedition next monastery, which was at hand. Nor did he desired, to the other conveniences of the court. this miserable accident, which he did always He was groom of the stole, and an earl, and knight exceedingly lament, make that thorough impres of the garter; and married a beautiful young lady, sion upon him, but that he indulged still too daughter to the earl of Northumberland, without much to those importunate and insatiate appe- any other approbation of her father, or concerntites, even of that individual person, that had so ment in it, than suffering him and her to come into lately embarked him in that desperate enterprise ; his presence after they were married. He lived being too much tinder not to be inflamed with rather in a fair intelligence than any friendship with those sparks.
the favourites; having credit enough with his masHis elder brother did not enjoy his grandfather's ter to provide for his own interest, and he troubled title many years, before it descended, for want of not himself for that of other men; and had no heirs male, to the younger brother. But in these other consideration of money, than for the support few years, by an excess of expense in all the ways of his lustre; and whilst he could do that, he cared to which money can be applied, he so entirely not for money, having no bowels in the point of consumed almost the whole great fortune that running in debt, or borrowing all he could. descended to him, that, when he was forced to He was surely a man of the greatest expense in leave the title to his younger brother, he left his own person, of any in the age he lived; and upon the matter nothing to him to support it; introduced more of that expense in the excess of which exposed him to many difficulties and in- clothes and diet, than any other man; and was conveniences. Yet his known great parts, and indeed the original of all those inventions, from the very good general reputation he had, not- which others did but transcribe copies. He had a withstanding his defects, acquired, (for as he was great universal understanding, and could have eminent in the house of commons, whilst he sat taken as much delight in any other way, if he had there; so he shined in the house of peers, when he thought any other as pleasant, and worth his care. came to move in that sphere,) inclined king James But he found business was attended with more to call him to his privy-council before his death. rivals and vexation; and, he thought, with much And if he had not too much cherished his natural less pleasure, and not more innocence. constitution and propensity, and been too much He left behind him the reputation of a very fine grieved and wrung by an uneasy and strait fortune, gentleinan, and a most accomplished courtier; and he would have been an excellent man of business; after having spent, in a very jovial life, above four for he had a very sharp, discerning spirit, and was hundred thousand pounds, which, upon a strict a man of an obliging nature, much honour, and computation, he received from the crown, he left great generosity, and of most entire fidelity to the not a house, nor acre of land, to be remembered
by. And when he had in his prospect (for he was There were two other persons of much author- very sharp-sighted, and saw as far before him as ity in the council, because of great name in the most men) the gathering together of that cloud in court; as they deserved to be, being, without Scotland, which shortly after covered both kingdoubt, two as accomplished courtiers as were doms, he died with as much tranquillity of mind to found in the palaces of all the princes in Europe; all appearance, as used to attend a man of more and the greatest (if not too great) improvers of severe exercise of virtue, and as little apprehenthat breeding, and those qualifications, with which sion of death, which he expected many days. courts use to be adorned; the earl of Carlisle, The earl of Holland was a younger son of a noand earl of Holland : both, (though men of plea- ble house, and a very fruitful bed, which divided sure,) by their long experience in court, well ac a numerous issue between two great fathers; the quainted with the affairs of the kingdom, and better eldest, many sons and daughters to the lord Rich;
Character of the Earl of Holland.--Sir J. Coke, &c. (BOOK I. the younger, of both sexes, to Mountjoy earl of the increase of her authority. And in this state, Devonshire, who had been more than once married and under this protection, he received every day to the mother. The reputation of his family gave new obligations from the king, and great bounties, him no great advantage in the world, though his and continued to flourish above any man in the eldest brother was earl of Warwick, and owner of court, whilst the weather was fair : but the storm a great fortune ; and his younger earl of Newport, did no sooner arise, but he changed so much, and of a very plentiful revenue likewise. He, after declined so fast from the honour he was thought some time spent in France, betook himself to the to be master of, that he fell into that condition, war in Holland, which he intended to have made which there will be hereafter too much cause to his profession; where, after he had made two or mention, and to enlarge upon. three campaigns, according to the custom of the The two secretaries of state (which were not in English volunteers, he came in the leisure of the those days officers of that magnitude they have winter to visit his riends in England, and the been since, being only to make despatches upon court, that shined then in the plenty and bounty of the conclusion of councils, not to govern, or preking James ; and about the time of the infancy of side in those councils) were sir John Coke, who, the duke of Buckingham's favour, to whom he upon the death of sir Albert Moreton, was, from grew in a short time very acceptable. But his being master of requests, preferred to be secretary friendship was more entire to the earl of Carlisle, of state; and sir Dudley Carleton, who, from his who was more of his nature and humour, and had employment in Holland, was put into the place of a generosity more applicable at that time to his the lord Conway, who, for age and incapacity, was fortune and his ends. And it was thought by at last removed from the secretary's office, which many who stood within view, that for some years he had exercised for many years with very notable he supported himself upon the familiarity and insufficiency; so that king James was wont pleasfriendship of the other; which continued mutually antly to say, “ That Stenny” (the duke of Buckbetween them very many years, with little inter- ingham) “ had given him two very proper serruption, to their death.
“vants; a secretary, who could neither write or He was a very handsome man, of a lovely and “ read; and a groom of his bedchamber, who winning presence, and gentle conversation; by “ could not truss his points;” Mr. Clark having which he got so easy an admission into the court, but one hand. and grace of king James, that he gave over the Of these two secretaries, the former was a man thought of further intending the life of a soldier. of a very narrow education, and a narrower naHe took all the ways he could to endear himself to ture; having continued long in the university of the duke, and to his confidence, and wisely de Cambridge, where he had gotten Latin learning clined the receiving any grace or favour, but as his enough; and afterwards in the country in the condonation; above all, avoided the suspicion that the dition of a private gentleman, till after he was fifty king had any kindness for him, upon any account years of age; when, upon some reputation he had but of the duke, whose creature he desired to be for industry and diligence, he was called to some esteemed, though the earl of Carlisle's friend. painful employment in the office of the navy, which And he prospered so well in that pretence, that he discharged well; and afterwards to be master of the king scarce made more haste to advance the requests, and then to be secretary of state, which duke, than the duke did to promote the other. he enjoyed to a great age: and was a man rather
He first preferred him to a wife, the daughter unadorned with parts of vigour and quickness, and heir of Cope, by whom he had a good fortune; and unendowed with any notable virtues, than and, amongst other things, the manor and seat of notorious for any weakness or defect of understandKensington, of which he was shortly after made ing, than transported with any vicious inclinations, baron. And he had quickly so entire a confidence appetite to money only excepted. His cardinal in him, that he prevailed with the king to put him perfection was industry, and his most eminent inabout his son the prince of Wales, and to be a firmity covetousness. His long experience had gentleman of his bedchamber, before the duke informed him well of the state and affairs of Enghimself had reason to promise himself any propor- land; but of foreign transactions, or the common tion of his highness's grace and protection. He interest of Christian princes, he was entirely ignowas then made earl of Holland, captain of the rant and undiscerning. guard, knight of the order, and of the privy-coun Sir Dudley Carleton was of a quite contrary nacil; sent the first ambassador into France to treat ture, constitution, and education, and understood the marriage with the queen, or rather privately to all that related to foreign employment, and the treat about the marriage before he was ambassador. condition of other princes and nations, very well : And when the duke went to the Isle of Rhé, he but was utterly unacquainted with the government, trusted the earl of Holland with the command of laws, and customs of his own country, and the that army with which he was to be recruited and nature of the people. He was a younger son in a assisted.
good gentleman's family, and bred in Christ And in this confidence, and in this posture, he Church, in the university of Oxford, where he was was left by the duke when hei died; and having a student of the foundation, and a young man of the advantage of the queen's good opinion and fa- parts and towardly expectation. He went from your, (which the duke neither had, nor cared for,) thence early into France, and was soon after secrehe made all possible approaches towards the ob- tary to sir Harry Nevil, the ambassador there. taining his trust, and succeeding him in his power ; He had been sent ambassador to Venice, where he or rather that the queen might have solely that resided many years with good reputation; and was power, and he only be subservient to her; and no sooner returned from thence into England, upon this account he made a continual war upon than he went ambassador into Holland, to the the earl of Portland the treasurer, and all others States General, and resided there when that synod who were not gracious to the queen, or desired not was assembled at Dort, which hath given the world
27 so much occasion since for uncharitable disputa- and the state of the court and kingdom, when the tions, which they were called together to prevent. duke of Buckingham was taken from it; by which, Here the ambassador was not thought so equal a and the lively reflections upon the qualities and spectator, or assessor, as he ought to have been; qualifications of the several persons in authority in but by the infusions he made into king James, court and council, no man could expect that the and by his own activity, he did all he could to dis- vigorous designs and enterprises, undertaken by countenance that party that was most learned, and the duke, would be pursued with equal resolution to raise the credit and authority of the other; and courage; but that much the greater part of which has since proved as inconvenient and trou- them would be wholly intent upon their own blesome to their own country, as to their neigh- accommodations in their fortunes, (in which they bours.
abounded not,) and in their ease and pleasure, He was once more ambassador extraordinary in which they most passionately affected; having, as Holland after the death of king James, and was hath been said, no other consideration of the pubthe last who was admitted to be present, and to lic, than that no disturbance therein might intervote in the general assembly of the States, under rupt their quiet in their own days :'and that the that character; of which great privilege the crown rest, who had larger hearts and more public spirits, had been possessed from a great part of the reign would extend their labour, activity, and advice, of queen Elizabeth, and through the time of king only to secure the empire at home by all peaceable James to that moment; which administered fresh arts, and advancement of trade, which might gramatter of murmur for the giving up the towns of tify the people, and fill the empty coffers of the imthe Brill, and Flushing, which had been done some poverished crown. To which end the most proper years before by king James; without which men expedients were best understood by them, not to thought those States would not have had the cou- enlarge it, by continuing and propagating the rage so soon to have degraded the crown of Eng- war; the ways and means whereof they knew not land from a place in their councils, which had how to comprehend; and had all the desperate prospered so eminently under the shadow of that imaginations and jealousies of the end and necespower and support. As soon as he returned from sary consequences of it. And so they all conHolland, he was called to the privy-council; and curred (though in nothing else) in their unanimous the making him secretary of state, and a peer of advice to the king to put the quickest period he the realm, when his estate was scarce visible, was “could possibly to the expensive war against the the last piece of workmanship the duke of Buck Iwo crowns : and, his majesty following their ingham lived to finish, who seldom satisfied him- advice, a peace was made with both, upon better self with conferring a single obligation.
terms and conditions, and in less time, than, from The duke had observed, and discovered, that the the known impatience of the war, could reasonably channel, in which the church promotions had for- have been expected, or hoped for. And after some merly run, had been liable to some corruptions, at short unquietness of the people, and unhappy asleast to many reproaches; and therefore had com- saults upon the prerogative by the parliament, mitted the sole representation of those affairs, and which produced its dissolution, and thereupon the vacancies which should happen, to Dr. Laud, some froward and obstinate disturbances in trade, then bishop of Bath and Wells, and sworn of the there quickly followed so excellent a composure privy-council. And the king, after his death, con- throughout the whole kingdom, that the like peace, tinued that trust in the same hands, infinitely to and plenty, and universal tranquillity for ten years the benefit and honour of the church, though, it was never enjoyed by any nation, and was the may be, no less to the prejudice of the poor bishop; more visible and manifest in England, by the sharp whó, too secure in a good conscience, and most and bloody war suddenly entered into between the sincere worthy intentions, (with which no man was two neighbour crowns, and the universal conflaever more plentifully replenished,) thought he could gration, that, from the inundation of the Swedes, manage and discharge the place and office of the covered the whole empire of Germany. And so greatest minister in the court (for he was quickly we shall return to the discourse, which this very made archbishop of Canterbury) without the least long digression hath interrupted longer than was condescension to the arts and stratagems of the intended. court, and without any other friendship, or sup That proclamation, mentioned before, at the port, than what the splendour of a pious life, and break of the last parliament, and which “inhihis unpolished integrity, would reconcile to him ; “ bited all men to speak of another parliament,” which was an unskilful measure in a licentious produced two very ili effects of different natures. age, and may deceive a good man in the best that It afflicted many good men (who otherwise were shall succeed; which exposed him to such a tor- enough scandalized at those distempers which had rent of adversity and misery, as we shall have too incensed the king) to that degree, that it made natural an occasion to lament in the following dis- them capable of receiving some impressions from course, in which it will be more seasonable to en- those who were diligent in whispering and infusing large upon his singular abilities, and immense an opinion into men," that there was really an invirtue.
“ tention to alter the form of government, both in There were more (too many more) honourable “ church and state; of which, said they, a greater persons in that time of the privy-council, whose “ instance cannot be given, than this public declarfaculties were not notorious enough to give them “ing that we shall have no more parliaments.” any great part in the affairs, nor had their advice Then, this freedom from the danger of such an much influence upon them. Other very notable inquisition did not only encourage ill men to all men were shortly after added to the council
, who boldness and license, but wrought so far upon men will anon be remembered in their proper places and less inclined to ill, (though not built for examples,) seasons. What hath been said before contains in that they kept not those strict guards upon themformation enough of the persons in employment, selves they used to do; especially if they found
[BOOK 1. themselves above the reach of ordinary justice, and cydides said of the Athenians) " for honourable feared not extraordinary, they by degrees thought that which pleased, and for just that which that no fault which was like to find no punishment. “ profited;” and being the same persons in several Supplemental acts of state were made to supply rooms, grew both courts of law to determine right, defect of laws; and so tonnage, and poundage, and and courts of revenue to bring money into the other duties upon merchandises, were collected by treasury; the council-table by proclamations enorder of the board, which had been perversely re- joining this, that was not enjoined by the law, and fused to be settled by act of parliament, and new prohibiting that which was not prohibited; and and greater impositions laid upon trade: obsolete the star-chamber censuring the breach, and disolaws were revived, and rigorously executed, where- bedience to those proclamations, by very great in the subject might be taught how unthrifty a fines and imprisonment; so that any disrespect to thing it was, by too strict a detaining of what was acts of state, or to the persons of statesmen, was his, to put the king as strictly to inquire what was in no time more penal, and those foundations of
right, by which men valued their security, to the And by this ill husbandry the king received a apprehension and understanding of wise men, never vast sum of money from all persons of quality, or more in danger to be destroyed. indeed of any reasonable condition throughout the And here I cannot but again take the liberty to kingdom, upon the law of knighthood; which, say, that the circumstances and proceedings in though it had a foundation in right, yet, in the cir- those new extraordinary cases, stratagems, and cumstances of proceeding, was very grievous. And impositions, were very unpolitic, and even destrucno less unjust projects of all kinds, many ridicu- tive to the services intended. As if the business lous, many scandalous, all very grievous, were set of ship-money, being an imposition by the state, on foot; the envy and reproach of which came to under the notion of necessity, upon a prospect of the king, the profit to other men: insomuch as, danger, which private persons could not modestly . of two hundred thousand pound drawn from the think themselves qualified to discern, had been subject, by these ways, in a year, scarce fifteen managed in the same extraordinary way as the hundred came to the king's use or account. To royal loan (which was the imposing the five subsirecompense the damage the crown sustained by the dies after the second parliament spoken of before) sale of the old lands, and by the grant of new pen- was, men would much easier have submitted to it; sions, the old laws of the forest are revived, by as it is notoriously known, that pressure was borne which not only great fines are imposed, but great with much more cheerfulness before the judgment annual rents intended, and like to be settled by for the king, than ever it was after; men before way of contract; which burden lighted most upon pleasing themselves with doing somewhat for the persons of quality and honour, who thought them- king's service, as a testimony of their affection, selves above ordinary oppressions, and therefore which they were not bound to do; many really like to remember it with more sharpness. Lastly, believing the necessity, and therefore thinking the for a spring and magazine that should have no burden reasonable; others observing, that the acbottom, and for an everlasting supply of all occa cess to the king was of importance, when the sions, a writ is framed in a form of law, and di- damage to them was not considerable; and all rected to the sheriff of every county of England, assuring themselves, that when they should be “ to provide a ship of war for the king's service, weary, or unwilling to continue the payment, they “ and to send it, amply provided and fitted, by might resort to the law for relief, and find it. But “ such a day, to such a place;” and with that when they heard this demanded in a .court of law, writ were sent to each sheriff instructions, that, as a right, and found it, by sworn judges of the “instead of a ship, he should levy upon his county law, adjudged so, upon such grounds and reasons “ such a sum of money, and return the same to as every stander-by was able to swear was not law, “ the treasurer of the navy for his majesty's use, and so had lost the pleasure and delight of being “ with direction, in what manner he should pro- kind and dutiful to the king; and, instead of giv“ ceed against such as refused:” and from hence ing, were required to pay, and by a logic that left that tax had the denomination of ship-money; a no man any thing which he might call his own; word of a lasting sound in the memory of this they no more looked upon it as the case of one kingdom; by which for some years really accrued man, but the case of the kingdom, nor as an imthe yearly sumn of two hundred thousand pounds position laid upon them by the king, but by the to the king's coffers : and was in truth the only judges; which they thought themselves bound in project that was accounted to his own service. conscience to the public justice not to submit to. And, after the continued receipt of it for four years It was an observation long ago by Thucydides, together, was at last (upon the refusal of a private “ That men are much more passionate for injustice, gentleman to pay thirty shillings as his share) with “ than for violence; because (says he) the one great solemnity publicly argued before all the “ coming as from an equal, seems rapine; when judges of England in the exchequer-chamber, and “ the other, proceeding from one stronger, is but by the major part of them, the king's right to im “ the effect of necessity.
So, when ship-money pose asserted, and the tax adjudged lawful; which was transacted at the council-board, they looked judgment proved of more advantage and credit to upon it as a work of that power they were always the gentleman condemned (Mr. Hambden) than to obliged to trust, and an effect of that foresight they the king's service.
were naturally to rely upon. Imminent necessity, For the better support of these extraordinary and public safety, were convincing persuasions ; ways, and to protect the agents and instruments, and it might not seem of apparent ill consequence who must be employed in them, and to discounte- to them, that upon an emergent occasion the regal nance and suppress all bold inquirers and opposers, power should fill up an hiatus, or supply an imthe council-table and star-chamber enlarge their potency in the law. But when they saw in a court jurisdictions to a vast extent,“ holding" (as Thu- of law, (that law that gave them title and posses
29 sion of all that they had) apothegms of state urged To extend this consideration of the form and as elements of law, judges aś sharp-sighted as circumstance of proceeding in cases of an unusual secretaries of state, and in the mysteries of state; nature a little farther; as it may be most behovejudgment of law grounded upon matter of fact, of ful for princes in matters of grace and honour, and which there was neither inquiry or proof; and no in conferring of favours upon their people, to transreason given for the payment of the thirty shillings act the same as publicly as may be, and by themin question, but what concluded the estates of all selves, or their ministers, to dilate upon it, and imthe standers-by; they had no reason to hope that prove the lustre by any addition, or eloquence of that doctrine, or the preachers of it, would be con- speech ; (where, it may be, every kind word, espetained within any bounds; and it was no wonder cially from the prince himself, is looked upon as a that they, who had so little reason to be pleased new bounty ;) so it is as requisite in matters of with their own condition, were not less solicitous judgment, punishment, and censure upon things, for, or apprehensive of, the inconveniences that or persons, (especially when the case, in the nature might attend any alteration,
of it, is unusual, and the rules in judging as extraAnd here the damage and mischief cannot be ordinary,) that the same be transacted as privately, expressed, that the crown and state sustained by and with as little noise and pomp of words, as may the deserved reproach and infamy, that attended be. For (as damage is much easier borne and the judges, by being made use of in this and the submitted to by generous minds, than disgrace) in like acts of power, there being no possibility to the business of the ship-money, and in many other preserve the dignity, reverence, and estimation of cases in the star-chamber, and at council-board, the laws themselves, but by the integrity and inno- there were many impertinencies, incongruities, and cency of the judges. And no question, as the ex- insolencies, in the speeches and orations of the orbitancy of the house of commons this parliament judges, much more offensive, and much more scanhath proceeded principally from their contempt of dalous than the judgments and sentences themthe laws, and that contempt from the scandal of selves. Besides that men's minds and understandthat judgment;
so the concurrence of the house of ings were more instructed to discern the consepeers in that fury can be imputed to no one thing quence of things, which before they considered not. more, than to the irreverence and scorn the judges As undoubtedly, my lord Finch's speech in the were justly in; who had been always before looked exchequer-chamber made ship-money much more upon there as the oracles of the law, and the best abhorred and formidable, than all the commitments guides and directors of their opinions and actions : by the council-table, and all the distresses taken by and they now thought themselves excused for the sheriffs in England; the major part of men swerving from the rules and customs of their pre- (besides the common unconcernedness in other decessors (who in altering and making of laws, in men's sufferings) looking upon those proceedings as judging of things and persons, had always ob a kind of applause to themselves, to see other men served the advice and judgment of those sages) in punished for not doing as they had done; which not asking questions of those whom they knew delight was quickly determined, when they found nobody would believe ; and thinking it a just re- their own interest, by the unnecessary logic of that proach upon them, (who out of their gentilesses argument
, no less concluded than Mr. Hambden's. had submitted the difficulties and mysteries of the And he hath been but an ill observer of the paslaw to be measured by the standard of general rea sages of those times we speak of, who hath not son, and explained by the wisdom of state,) to see seen many sober men, who have been clearly satisthose men make use of the license they had taught, fied with the conveniency, necessity, and justice of and determine that to be law, which they thought many sentences, depart notwithstanding extremely reasonable, or found to be convenient. If these offended, and scandalized with the grounds, reamen had preserved the simplicity of their ances sons, and expressions of those who inflicted those tors, in severely and strictly defending the laws, censures; when they found themselves, thinking other men had observed the modesty of theirs, in to be only spectators of other men's sufferings, by humbly and dutifully obeying them.
some unnecessary inference or declaration, in proAnd upon this consideration it is very observ- bable danger to become the next delinquents. able, that in the wisdom of former times, when the They who look back upon the council-books of prerogative went highest, (as very often it hath queen Elizabeth, and the acts of the star-chamber been swoln above any pitch we have seen it at in then, shall find as high instances of power and our times,) never any court of law, very seldom sovereignty upon the liberty and property of the any judge, or lawyer of reputation, was called upon subject, as can be since given. But the art, order, to assist in an act of power; the crown well know- and gravity of those proceedings (where short, seing the moment of keeping those the objects of vere, constant rules were set, and smartly pursued, reverence and veneration with the people: and and the party only felt the weight of the judgment, that though it might sometimes make sallies upon not the passion of his judges) made them less taken them by the prerogative, yet the law would keep notice of
, and so less grievous to the public, though the people from any invasion of it, and that the as intolerable to the person : whereas, since those king could never suffer, whilst the law and the excellent rules of the council-board were less objudges were looked upon by the subject, as the served, and debates (which ought to be in private, ayla for their liberties, and security. And there- and in the absence of the party concerned, and fore you shall find the policy of many princes hath thereupon the judgment of the table to be proendured as sharp animadversions and reprehensions nounced by one, without the interposition of others, from the judges of the law, as their piety hath or reply of the party) suffered to be public, quesfrom the bishops of the church; imposing no less tions to be asked, passions discovered, and opinions upon the people, under the reputation of justice, by to be promiscuously delivered; all advice, directhe one, than of conscience and religion, by the tions, reprehensions, and censures of those places other.
grew to be in less reverence and esteem ; so that,