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75 hall, till he argued at the exchequer-chamber the ported himself into New England, a colony within case of ship-money on the behalf of Mr. Hambden; few years before planted by a mixture of all religions, which gave him much reputation, and called him which disposed the professors to dislike the governinto all courts, and to all causes, where the king's ment of the church; who were qualified by the prerogative was most contested. He was a man king's charter to choose their own government and reserved, and of a dark and clouded countenance, governors, under the obligation, “that every man very proud, and conversing with very few, and « should take the oaths of allegiance and suprethose, men of his own humour and inclinations. He “macy;" which all the first planters did, when they had been questioned, committed, and brought into received their charter, before they transported themthe star-chamber, many years before, with other selves from hence, nor was there in many years persons of great name and reputation, (which first after the least scruple amongst them of complying brought his name upon the stage,) for communi- with those obligations; so far men were, in the cating some paper among themselves, which some infancy of their schism, from refusing to take lawful men had a mind at that time to have extended to a ' oaths. He was no sooner landed there, but his design of sedition : but it being quickly evident that parts made him quickly taken notice of, and very the prosecution would not be attended with success, probably his quality, being the eldest son of a they were all shortly after discharged; but he never privy-counsellor, might give him some advantage; forgave the court the first assault, and contracted insomuch that, when the next season came for the an implacable displeasure against the church purely election of their magistrates, he was chosen their from the company he kept. He was of an intimate governor : in which place he had so ill fortune (his trust with the earl of Bedford, to whom he was allied, working and unquiet fancy raising and infusing a (being a natural son of the house of Bullingbrook,) thousand scruples of conscience, which they had not and by him brought into all matters where himself brought over with them, nor heard of before) that was to be concerned. It was generally believed, hie unsatisfied with them, and they with him, he that these three persons, with the other three lords transported himself into England; having sowed mentioned before, were of the most intimate and such seed of dissension there, as grew up too prosentire trust with each other, and made the engine perously, and miserably divided the poor colony which moved all the rest; yet it was visible, that into several factions, and divisions, and persecuNathaniel Fiennes, the second son of the lord Say, tions of each other, which still continue to the and sir Harry Vane, eldest son to the secretary, and great prejudice of that plantation : insomuch as treasurer of the house, were received by them with some of them, upon the ground of their first expefull confidence and without reserve.
dition, liberty of conscience, have withdrawn The former, being a man of good parts of learn themselves from their jurisdiction, and obtained ing, and after some years spent in New college in other charters from the king, by which, in other Oxford, of which his father had been formerly fel- forms of government, they have enlarged their low, (that family pretending and enjoying many plantation, within new limits adjacent to the other. privileges there, as of kin to the founder,) had He was no sooner returned into England, than he spent his time abroad, in Geneva and amongst the seemed to be much reformed in those extravagancantons of Switzerland, where he improved his dis- cies, and, with his father's approbation and direcinclination to the church, with which milk he had tion, married a lady of a good family, and by his been nursed. From his travels he returned through father's credit with the earl of Northumberland, Scotland (which few travellers took in their way who was high admiral of England, was joined prehome) at the time when that rebellion was in the sently and jointly with sir William Russel in the bud; and was very little known, except amongst office of treasurer of the navy, (a place of great that people, which conversed wholly amongst them- trust and profit,) which he equally shared with selves, until he was now found in parliament, when the other, and seemed a man well satisfied and it was quickly discovered, that as he was the dar- composed to the government. When his father ling of his father, so that he was like to make good received the disobligation from the lord Strafford, whatsoever he had for many years promised. by his being created baron of Raby, the house and
The other, sir Harry Vane, was a man of great land of Vane, (and which title he had promised natural parts, and of very profound dissimulation, himself, which was unluckily cast upon him, purely of a quick conception, and very ready, sharp, and out of contempt,) they sucked in all the thoughts weighty expression. He had an unusual aspect, of revenge imaginable; and from thence he betook which, though it might naturally proceed both from himself to the friendship of Mr. Pym, and all other his father and mother, neither of which were beau- discontented or seditious persons, and contributed tiful persons, yet made men think there was some- all that intelligence (which will be hereafter menwhat in him of extraordinary; and his whole life tioned, as he himself will often be) that designed made good that imagination. Within a very short the ruin of the earl, and which grafted him in the time after he returned from his studies in Magdalen entire confidence of those who promoted the same; college in Oxford, where, though he was under the so that nothing was concealed from him, though it care of a very worthy tutor, he lived not with great is believed that he communicated his own thoughts exactness, he spent some little time in France, and to very few. more in Geneva; and, after his return into England, Denzil Hollis, the younger son and younger contracted a full prejudice and bitterness against brother of the earls of Clare, was as much valued the church, both against the form of the govern- and esteemed by the whole party, as any man; as ment, and the liturgy, which was generally in great he deserved to be, being a man of more accomreverence, even with many of those who were not plished parts than any of them, and of great repufriends to the other. In this giddiness, which then tation by the part he acted against the court and much displeased, or seemed to displease, his father, the duke of Buckingham, in the parliament of the who still appeared highly conformable, and exceed- fourth year of the king, (the last parliament that ingly sharp against those who were not, he trans- had been before the short one in April,) and his
A committee of both houses appointed to treat with the [BOOK III. long imprisonment, and sharp prosecution after-son was the chief, who was likewise joined with wards, upon that account; of which he retained them in the treaty in all matters which had referthe memory with acrimony enough. But he would ence to religion : and to hear those sermons there in no degree intermeddle in the counsel or prose- was so great a conflux and resort, by the citizens cution of the earl of Strafford, (which he could not out of humour and faction ; by others of all quality prevent,) who had married his sister, by whom all out of curiosity; and by some that they might the his children were, which made him a stranger to better justify the contempt they had of them, that all those consultations, though it did not otherwise from the first appearance of day in the morning on interrupt the friendship he had with the most every Sunday, to the shutting in of the light, the violent of those prosecutors. In all other contri- church was never empty. They (especially the vances he was in the most secret counsels with women) who had the happiness to get into the those who most governed, and respected by them church in the morning (they who could not, hung with
very disubiniss applications as a man of au- upon or about the windows without, to be auditors thority. Sir Gilbert Gerrard, the lord Digby, or spectators) keeping their places till the afterStrode, Haslerig; and the northern gentlemen, who noon's exercise was finished, which both morning were most angry with the earl, or apprehensive of and afternoon, except to palates and appetites their own being in the mercy of the house, as ridiculously corrupted, was the most insipid and Hotham, Cholmely, and Stapleton; with some flat that could be delivered upon any deliberation. popular lawyers of the house, who did not suspect The earl of Rothes had been the chief architect any wickedness in design, and so became involved of that whole machine from the beginning, and by degrees in the worst, observed and pursued the was a man very well bred, of very good parts, and dictates and directions of the other, according to great address; in his person yery acceptable, pleathe parts which were assigned to them upon sant in conversation, very free and amorous, and emergent occasions : whilst the whole house looked unrestrained in his discourse by any scruples of on with wonder and amazement, without one man's religion, which he only put on when the part he interposing to allay the passion and the fury with was to act required it, and then no man could which so many were transported.
appear more conscientiously transported. There This was the present temper and constitution of will be sometimes occasion to mention him hereboth houses of parliament upon their first coming after, as already as much hath been said of the together, when (as Tacitus says of the Jews, “that other, the lord Lowden, as is yet necessary. they exercised the highest offices of kindness and They were no sooner come to the town, but a
friendship towards each other, et adversus omnes new committee of the members of both houses, “ alios hostile odium”) they watched all those who such as were very acceptable to them, was apthey knew were not of their opinions, nor like to pointed to renew and continue the treaty with them be, with all possible jealousy; and if any of their that had been begun at Rippon : and then they elections could be brought into question, they were published and printed their declaration against the sure to be voted out of the house, and then all the archbishop of Canterbury and the lieutenant of artifices were used to bring in more sanctified Ireland, in which they said, “That as they did members; so that every week increased the number “
reserve those of their own country who had been of their party, both by new elections, and the pro “ incendiaries between the two kingdoms to be selytes they gained upon the old. Nor was it to proceeded against in their own parliament; so be wondered at, for they pretended all public they desired no other justice to be done against thoughts, and only the reformation of disapproved “ these two criminal persons but what should seem and odious enormities, and dissembled all purposes good to the wisdom of the parliament.” of removing foundations, which, though it was in It was easily discerned (by those who saw at any the hearts of some, they had not the courage and distance, and who had been long jealous of that confidence to communicate it.
trick) from that expression concerning their own The English and the Scottish armies remained countrymen, that they meant no harm to the marquiet in their several quarters in the north, without quis of Hamilton, against whom, in the beginning any acts of hostility, under the obligation of the of the rebellion, all their bitterness seemed to be cessation, which was still prorogued from month directed, and who indeed of all men had the least to month, that the people might believe that a full portion of kindness or good-will from the three peace would be quickly concluded. And the treaty, nations, of any man who related to the king's serwhich during the king's being at York had been vice. But he had, by the friendship he had shewed held at Rippon, being now adjourned to London, to the lord Lowden, and procuring his liberty when the Scottish commissioners (whereof the earl of he was in the Tower for so notorious a treason, Rothes, and the lord Lowden, who hath been and (was] to be in the head of another as soon as mentioned before, were the chief) came thither in he should be at liberty; and by his application great state, and were received by the king with and dexterity at York in the meeting of the great that countenance, which he could not choose but council, and with the Scottish commissioners emshew to them; and were then lodged in the heart ployed thither before the treaty; and by his proof the city, near London-Stone, in a house whiclı mise of future offices and services, which he made used to be inhabited by the lord mayor or one of good abundantly; procured as well from the Engthe sheriffs, and was situate so near to the church lish as the Scots all assurance of indemnity: which of St. Antholins, (a place in all times made famous they so diligently made good, that they were not by some seditious lecturer,) that there was a way more solicitous to contrive and find out evidence out of it into a gallery of that church. This bene- or information against the other two great men, fit was well foreseen on all sides in the accommo- than they were to prevent all information or comdation, and this church assigned to them for their plaint, and to stifle all evidence which was offered own devotions, where one of their own chaplains or could be produced against the marquis. still preached, amongst which Alexander Hender
And they were exceedingly vigilant to prevent
1640] Scottish commissioners. Proceedings towards the earl of Strafford's trial.
coach, and he would overtake him by the time “ that there could be no expectation that the “ he came thither :” but staying very long, he Scottish
would ever retire into their counimagined he might be diverted from his purpose, “try, and consequently that the king's could be and so walked back into the hall, where presently disbanded, before exemplary justice were done meeting him, they both pursued their former in upon that earl to their satisfaction.” When they tention ; and being in the coach, the earl told him, had inflamed men with this consideration suffici“ that he must excuse his having made him stay ently, they, without any great difficulty, (in order
so long, because he had been detained only con to the necessary expedition for that trial,) prevailed
cerning him; that when he was walking with in two propositions of most fatal consequence to “ him, a gentleman passing by touched his cloak, the king's service, and to the safety and integrity “ which made him desire the other to go before ; of all honest men. “ and turning to the other person, he said, that The first, “ for a committee to be settled of both
seeing him walk in some familiarity with Mr. “ houses for the taking preparatory examinations.”
Hyde, he thought himself obliged to tell him, Thus the allegation was, “That the charge against “ that he walked with the greatest enemy the “ the earl of Strafford was of an extraordinary “ Scottish nation had in the parliament, and that nature, being to make a treason evident out of a “ he ought to take heed how he communicated any complication of several ill acts; that he must be
thing of importance to him; and that after he “ traced through many dark paths, and this precewas parted with that gentleman, before he could “ dent seditious discourse compared with that subpass through the hall, four or five other eminent
sequent outrageous action, the circumstances of men, severally, gave him the same advertisement “ both which might be equally considerable with “ and caution;" and then spake as unconcernedly " the matter itself; and therefore that, before this and as merrily of the persons and their jealousy charge could be so directly made and prepared as the other could do. Men who were so saga as was necessary,” (for he was hitherto only cious in pursuing their point were not like to mis- accused generally of treason, “it was requisite, carry.
" that a committee should be made of both houses The Scotch commissioners were in this time “ to examine some witnesses upon oath, upon come to London, where they were magnificently “ whose depositions his impeachment would easily entertained; and one of the best houses in the “ be framed.” This was no sooner proposed in heart of the city assigned for their reception, the the house of commons, than consented to ; and neighbour church for their devotion, whither so upon as little debate yielded to by the lords; and great a herd flocked on Sundays to hear Mr. the committee settled accordingly: without conHenderson and his fellow-chaplains, that very sidering that such an inquisition (besides that the many came to and sat in the church from the time same was most contrary to the rules of law or the that it was light, that they might receive the com- practice of any former times) would easily prepare fort of those lectures, which were not till the after- à charge against the most innocent man alive; noon; for in the morning their devotions were where that liberty should be taken to examine a private. They were caressed by both houses with man’s whole life; and all the light, and all the all possible expressions of kindness at least, if not private discourses had passed from him, might be of submission and an order was carefully entered, tortured, perverted, and applied, according to the “ that upon all occasions the appellation should be conscience and the craft of a diligent and malicious “ used of Our brethren of Scotland ;” and upon prosecution. that, wonderful kind compliments passed, of a The second was, “ for the examining upon oath sincere resolution of amity and union between the privy-counsellors, upon such matters as had two nations.
passed at the council-table.". The allegation for Things being thus constituted, it became them this was, “That the principal ingredient into the to satisfy the public expectation in the discovery of “ treason of which the earl was to be charged, their new treasons, and in speedy proceedings was, a purpose to change the form of governagainst those two great persons. For the better “ment; and, instead of that settled by law, to preparing whereof, and facilitating whatever else “ introduce a power merely arbitrary. Now this should be necessary for that enterprise, the Scot • design must be made evident, as well by the tish commissioners in the name of that nation “ advices which he gave, and the expressions he presented (as is said before) two distinct declara- “ uttered upon emergent occasions, as by his pubtions, against the persons of the archbishop and “ lic actions; and those could not be discovered, the earl of Strafford, stuffed with as much bitter at least not proved, but by those who were preness and virulency as can be imagined, making “ sent at such consultations, and they were only them “the odious incendiaries of the differences privy-counsellors.” As it was alleged, “ That “ between the two nations, and the original causes at his coming from Ireland the earl had said in “ of all those calamities in that kingdom which “ council there. That if he ever returned to that
begat those differences, and most pathetically “ sword again, he would not leave a Scotchman in pressing for justice against them both.” These “ that kingdom: and at his arrival in this kingdiscourses (for either of them consisted of many “ dom, the lord mayor and some aldermen of
The earls of Hertford, Bedford, and others sworn privy counsellors. [BOOK 111 “ London attending the board about the loan of leave to be examined, to say, that if they had wel “ monies, and not giving that satisfaction was considered the oath they had taken when they
expected, that he should pull out a letter out of were admitted to that society, which was, To keep “ his pocket, and shew what course the king of secret all matters committed and revealed to them “ France then took for the raising of money; and or [that] should be treated of secretly in council “ that he should tell the king, That it would never they would not have believed, that the king him “ be well till he hanged up a lord mayor of London self could have dispensed with that part of thei “ in the city to terrify the rest."
oath. It is true, there is another clause in thei There was no greater difficulty to satisfy the oath, that allows them with the king's consent t house of commons with the reasonableness of this, reveal a matter of council: but that is, only wha than of the former; but the compassing it was not shall touch another counsellor ; which they ar like to be so easy; for it was visible, that, though not to do without the leave of the king or th the lords should join with them, (which was not council. to be despaired,) the privy-counsellors would in It was now time to intend themselves, as we sist upon the oath they had taken, and pretend, as the public, and to repair, as well as to py “that without the king's consent they might not down; and therefore, as the principal reason ( “ discover any thing that had passed at that board; was said before) for the accusing those two gre
so that the greatest difficulty would be, the pro- persons of high treason (that is, of the gener
curing the king's consent for the betraying him- consent to it before any evidence was require “ self: but this inust be insisted on, for God forbid was, that they might be removed from the king “ that it might be safe for any desperate wicked presence and his counsels, without which th “ counsellor to propose and advise at that board” conceived theirs would have no power with him; (which in the intervals of parliaments wholly dis- that being compassed, care was taken to infu posed the affairs of state) “ courses destructive to into the king by marquis Hamilton, (who y - the health and being of the kingdom ; and that heard before was licensed to take care of himse “ the sovereign physician, the parliament, (which and was now of great intimacy with the governi
had the only skill to cure those contagious and and undertaking party,) " that his majesty havi epidemical diseases,) should be hindered from declared to his people, that he really intended
preserving the public, because no evidence must “ reformation of all those extravagancies whi “ be given of such corrupt and wicked counsels.” “ former necessities, or occasions, or mistak And so provided with this specious oratory, they “had brought into the government of church desire the lords “to concur with them for this “ state : he could not give a more lively and
necessary examination of privy-counsellors;" “ monstrable evidence, and a more gracious who, without much debate, (for the persons con stance of such his intention, than by calling su cerned knew well their acts were visible and pub persons to his council, whom the people ge lic enough, and therefore considered not much rally thought most inclined to, and intent up what words had passed,) consented, and appointed “ such reformation : besides, that this would b some to attend the king for his consent: who, not good means to preserve the dignity and i well weighing the consequence, and being in pub power of that board, which might otherwise lic council unanimously advised “to consent to it; “the late excess be more subject to violation “and that the not doing it would lay some taint “ least to some inconvenient attempts."
upon his council, and be a tacit confession, that Hereupon in one day were sworn privy-coun “ there had been agitations at that place which lors, much to the public joy, the earl of Hertf “would not endure the light;” yielded that they (whom the king shortly after made marqus,) should be examined: which was speedily done earl of Bedford, the earl of Essex, the ear accordingly, by the committee of both houses Bristol, the lord Say, the lord Savile, and the appointed for that purpose.
Kimbolton; and within two or three days a The damage was not to be expressed, and the the earl of Warwick : being all persons at ruin that last act brought to the king was irrepar- time very gracious to the people, or to the S able; for, besides that it served their turn (which by whose election and discretion the people ch no question they had discovered before) to prove and had been all in some umbrage at court, those words against the earl of Strafford, which most of them in visible disfavour there. This sir Harry Vane so punctually remembered, (as you the king did very cheerfully; heartily incline shall find at the earl's trial,) and besides that it was some of them, as he had reason; and not aj matter of horror to the counsellors, to find that hending any inconvenience by that act from they might be arraigned for every rash, every in- other, whom he thought this light of his considerate, every imperious expression or word / would reform, or at least restrain. they had used there; and so made them more But the calling and admitting men to that I engaged to servile applications; it banished for is not a work that can be indifferent; the re ever all future freedom from that board, and those tion, if not the government, of the state so persons, whence his majesty was to expect advice depending on it. And though, it may be, there in his greatest straits ; "all men satisfying them- been too much curiosity heretofore used to selves, " that they were no more obliged to deliver cover men's particular opinions in particular p “ their opinions there freely, when they might be before they have received that honour; wl “ impeached in another place for so doing;” and possibly such differences were rather to have the evincing this so useful doctrine was without desired than avoided; yet there are certain doubt more the design of those grand managers, ions, certain propositions, and general prin than any hope they had, of receiving further infor- that whosoever does not hold, does not beli mation thereby, than they had before.
not, without great danger, to be accepted And for my part, I must ask leave of those noble privy-counsellor. As, whosoever is not fis lords, who after the king's consent gave themselves inonarchical grounds, the preservation an
1640.] The capacities and qualities fit for a privy counsellor, and his duty. 79 holding whereof is the chief end of such a council: , king; nor be preserved and improved when it is up, whosoever does not believe that, in order to that but by cherishing and preserving the wisdom, great end, there is a dignity, a freedom, a jurisdic- integrity, dignity, and reputation of that council : tion most essential to be preserved in and to that the lustre whereof always reflects upon the king place;
and takes not the preservation thereof to himself; who is not thought a great monarch heart; ought never to be received there. What when he follows the reins of his own reason in prudence is to be done towards that end, ad- and appetite; but when, for the informing his mits a latitude that honest and wise men may reason, and guiding his actions, he uses the safely and profitably differ [in]; and those differ- service, industry, and faculties of the wisest men. ences (which I said before there was too much And though it hath been, and will be, always unskilful care to prevent) usually produce great necessary to admit to those counsels some men advantages in knowledge and wisdom: but the of great power, who will not take the pains to end itself, that which the logicians call the termi- have great parts ; yet the number of the whole nus ad quem, ought always to be a postulatum, should not be too great; and the capacities and which whosoever doubts, destroys : and princes qualities of the most [should be] fit for business ; cannot be too strict, too tender, in this considera- that is, either for judgment and despatch; or for tion, in the constituting the body of their privy- one of them at least; and integrity above all
. council; upon the prudent doing whereof much This digression (much longer than was intended) of their safety, more of their honour and reputa- will not appear very impertinent, when the great tion (which is the life itself of princes) both at disservice shall appear, which befell unto the king home and abroad, necessarily depends ; and the by the swearing those lords formerly mentioned (I inadvertencies in this point have been, mediately speak but of some of them) privy-counsellors. For, or immediately, the root and the spring of all the instead of exercising themselves in their new procalamities that have ensued.
vince, and endeavouring to preserve and vindicate · Two reasons have been frequently given by that jurisdiction, they looked upon themselves as princes for oversights, or for wilful breaches, in preferred thither, by their reputation in parliament, this important dispensation of their favours. The not [by the] kindness and estimation of the king ; first, " that such a man can do no harm;" when, and so resolved to keep up principally the greatness God knows, few men have done more harm than of that place, to which they thought they owed those who have been thought to be able to do their greatness. And therefore, when the king releast; and there cannot be a greater error, than to quired the advice of his privy-council, in those believe, a man whom we see qualified with too matters of the highest importance which were then mean parts to do good, to be therefore incapable of every day incumbent on him, the new privy-coundoing hurt: there is a supply of malice, of pride, sellors positively declared, “ that they might not of industry, and even of folly, in the weakest, (that was, that nobody might) give his majesty when he sets his heart upon it, that makes a • any advice in matters depending in the two strange progress in mischief. The second, " when “ houses, and not agreeable to the sense of the
persons of ordinary faculties, either upon im “ two houses; which (forsooth) was his great
portunity, or other collateral respects, have been council, by whose wisdom he was entirely to “ introduced thither, that it is but a place of “ guide himself.” And as this doctrine was most
honour, and a general testimony of the king's insipidly and perniciously urged by them; so it “ affection;" and so it hath been as it were re was most supinely and stupidly submitted to by served as a preferment for those, who were fit for the rest: insomuch as the king in a moment no other preferment. As amongst the Jesuits found himself bereaved of any public assistance they have a rule, that they who are unapt for or advice, in a time when he needed it most; and greater studies, shall study cases of conscience. his greatest, and, upon the matter, his only busiBy this means the number hath been increased, ness, being prudently to weigh and consider what which in itself breeds great inconveniences; since to consent to, and what to deny, of such things as a less number are fitter both for counsel and should be proposed to him by the two houses, he despatch, in matters of the greatest moment, was now told,“ that he was only to be advised that depend upon a quick execution, than a “ by them;" which was as much as to ask, greater number of men equally honest and wise : whether they had a mind he should do whatever and for that, and other reasons of unaptness they desired of him. and incompetency, committees of dexterous men Whereas in truth, it is not only lawful for, but have been appointed out of the table to do the duty of the privy-council, to give faithfully and the business of the table; and so men have freely their advice to the king upon all matters been no sooner exalted with the reverent title, and concluded in parliament, to which his royal consent pleased with the obligation of being made privy- is necessary, as well as upon any other subject whatcounsellors, than they have checked that delight soever. Nay, as a counsellor, he is bound to diswith discerning that they were not fully trusted; suade the king to consent [from consenting] to and so been more incensed with the reproachful that which is prejudicial to the crown; at least to distinction at, than obliged with the honourable make that prejudice manifest to him ; though as a admission to, that board, where they do not find private person he could wish the matter consented all persons equally members. And by this kind to. And therefore, by the constitution of the kingof resentment, many sad inconveniences have be- dom, and the constant practice of all times, all bills, fallen to the king, and to those men who have had after they are passed both puses, and engrossed, the honour and misfortune of those secret trusts. are delivered by the clerk of the parliament to the
The truth is, the sinking and near desperate clerk of the crown ; and by him brought to the condition of monarchy in this kingdom can never attorney-general; who presented the same to his be buoyed up, but by a prudent and steady coun- majesty sitting in council, and having read them, cil attending upon the virtue and vivacity of the declares what alterations are made by those bills in