hall, till he argued at the exchequer-chamber the case of ship-money on the behalf of Mr. Hambden; which gave him much reputation, and called him into all courts, and to all causes, where the king's prerogative was most contested. He was a man reserved, and of a dark and clouded countenance, very proud, and conversing with very few, and those, men of his own humour and inclinations. He had been questioned, committed, and brought into the star-chamber, many years before, with other persons of great name and reputation, (which first brought his name upon the stage,) for communicating some paper among themselves, which some men had a mind at that time to have extended to a design of sedition: but it being quickly evident that the prosecution would not be attended with success, they were all shortly after discharged; but he never forgave the court the first assault, and contracted an implacable displeasure against the church purely from the company he kept. He was of an intimate trust with the earl of Bedford, to whom he was allied, (being a natural son of the house of Bullingbrook,) and by him brought into all matters where himself was to be concerned. It was generally believed, that these three persons, with the other three lords mentioned before, were of the most intimate and entire trust with each other, and made the engine which moved all the rest; yet it was visible, that Nathaniel Fiennes, the second son of the lord Say, and sir Harry Vane, eldest son to the secretary, and treasurer of the house, were received by them with full confidence and without reserve. The former, being a man of good parts of learning, and after some years spent in New college in Oxford, of which his father had been formerly fellow, (that family pretending and enjoying many privileges there, as of kin to the founder,) had spent his time abroad, in Geneva and amongst the cantons of Switzerland, where he improved his disinclination to the church, with which milk he had been nursed. From his travels he returned through Scotland (which few travellers took in their way home) at the time when that rebellion was in the bud; and was very little known, except amongst that people, which conversed wholly amongst themselves, until he was now found in parliament, when it was quickly discovered, that as he was the darling of his father, so that he was like to make good whatsoever he had for many years promised. The other, sir Harry Vane, was a man of great natural parts, and of very profound dissimulation, of a quick conception, and very ready, sharp, and weighty expression. He had an unusual aspect, which, though it might naturally proceed both from his father and mother, neither of which were beautiful persons, yet made men think there was somewhat in him of extraordinary; and his whole life made good that imagination. Within a very short time after he returned from his studies in Magdalen college in Oxford, where, though he was under the care of a very worthy tutor, he lived not with great exactness, he spent some little time in France, and more in Geneva; and, after his return into England, contracted a full prejudice and bitterness against the church, both against the form of the government, and the liturgy, which was generally in great reverence, even with many of those who were not friends to the other. In this giddiness, which then much displeased, or seemed to displease, his father, who still appeared highly conformable, and exceedingly sharp against those who were not, he trans 66 ported himself into New England, a colony within few years before planted by a mixture of all religions, which disposed the professors to dislike the government of the church; who were qualified by the king's charter to choose their own government and governors, under the obligation, that every man "should take the oaths of allegiance and supremacy; ;" which all the first planters did, when they received their charter, before they transported themselves from hence, nor was there in many years after the least scruple amongst them of complying with those obligations; so far men were, in the infancy of their schism, from refusing to take lawful oaths. He was no sooner landed there, but his parts made him quickly taken notice of, and very probably his quality, being the eldest son of a privy-counsellor, might give him some advantage; insomuch that, when the next season came for the election of their magistrates, he was chosen their governor: in which place he had so ill fortune (his working and unquiet fancy raising and infusing a thousand scruples of conscience, which they had not brought over with them, nor heard of before) that he unsatisfied with them, and they with him, he transported himself into England; having sowed such seed of dissension there, as grew up too prosperously, and miserably divided the poor colony into several factions, and divisions, and persecutions of each other, which still continue to the great prejudice of that plantation: insomuch as some of them, upon the ground of their first expedition, liberty of conscience, have withdrawn themselves from their jurisdiction, and obtained other charters from the king, by which, in other forms of government, they have enlarged their plantation, within new limits adjacent to the other. He was no sooner returned into England, than he seemed to be much reformed in those extravagancies, and, with his father's approbation and direction, married a lady of a good family, and by his father's credit with the earl of Northumberland, who was high admiral of England, was joined presently and jointly with sir William Russel in the office of treasurer of the navy, (a place of great trust and profit,) which he equally shared with the other, and seemed a man well satisfied and composed to the government. When his father received the disobligation from the lord Strafford, by his being created baron of Raby, the house and land of Vane, (and which title he had promised himself, which was unluckily cast upon him, purely out of contempt,) they sucked in all the thoughts of revenge imaginable; and from thence he betook himself to the friendship of Mr. Pym, and all other discontented or seditious persons, and contributed all that intelligence (which will be hereafter mentioned, as he himself will often be) that designed the ruin of the earl, and which grafted him in the entire confidence of those who promoted the same; so that nothing was concealed from him, though it is believed that he communicated his own thoughts to very few. Denzil Hollis, the younger son and younger brother of the earls of Clare, was as much valued and esteemed by the whole party, as any man; as he deserved to be, being a man of more accomplished parts than any of them, and of great reputation by the part he acted against the court and the duke of Buckingham, in the parliament of the fourth year of the king, (the last parliament that had been before the short one in April,) and his 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 submiss 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 any wickedness in design, and so became involved by degrees in the worst, observed and pursued the dictates and directions of the other, according to the parts which were assigned to them upon emergent occasions: whilst the whole house looked on with wonder and amazement, without one man's interposing to allay the passion and the fury with which so many were transported. 66 This was the present temper and constitution of both houses of parliament upon their first coming together, when (as Tacitus says of the Jews, "that they exercised the highest offices of kindness and friendship towards each other, et adversus omnes "alios hostile odium") they watched all those who they knew were not of their opinions, nor like to be, with all possible jealousy; and if any of their elections could be brought into question, they were sure to be voted out of the house, and then all the artifices were used to bring in more sanctified members; so that every week increased the number of their party, both by new elections, and the proselytes they gained upon the old. Nor was it to be wondered at, for they pretended all public thoughts, and only the reformation of disapproved and odious enormities, and dissembled all purposes of removing foundations, which, though it was in the hearts of some, they had not the courage and confidence to communicate it. The English and the Scottish armies remained quiet in their several quarters in the north, without any acts of hostility, under the obligation of the cessation, which was still prorogued from month to month, that the people might believe that a full peace would be quickly concluded. And the treaty, which during the king's being at York had been held at Rippon, being now adjourned to London, the Scottish commissioners (whereof the earl of Rothes, and the lord Lowden, who hath been mentioned before, were the chief) came thither in great state, and were received by the king with that countenance, which he could not choose but shew to them; and were then lodged in the heart of the city, near London-Stone, in a house which used to be inhabited by the lord mayor or one of the sheriffs, and was situate so near to the church of St. Antholins, (a place in all times made famous by some seditious lecturer,) that there was a way out of it into a gallery of that church. This benefit was well foreseen on all sides in the accommodation, and this church assigned to them for their own devotions, where one of their own chaplains still preached, amongst which Alexander Hender The earl of Rothes had been the chief architect of that whole machine from the beginning, and was a man very well bred, of very good parts, and great address; in his person very acceptable, pleasant in conversation, very free and amorous, and unrestrained in his discourse by any scruples of religion, which he only put on when the part he was to act required it, and then no man could appear more conscientiously transported. There will be sometimes occasion to mention him hereafter, as already as much hath been said of the other, the lord Lowden, as is yet necessary. : They were no sooner come to the town, but a new committee of the members of both houses, such as were very acceptable to them, was appointed to renew and continue the treaty with them that had been begun at Rippon and then they published and printed their declaration against the archbishop of Canterbury and the lieutenant of Ireland, in which they said, "That as they did "reserve those of their own country who had been "incendiaries between the two kingdoms to be proceeded against in their own parliament; so they desired no other justice to be done against "these two criminal persons but what should seem good to the wisdom of the parliament." 66 66 It was easily discerned (by those who saw at any distance, and who had been long jealous of that trick) from that expression concerning their own countrymen, that they meant no harm to the marquis of Hamilton, against whom, in the beginning of the rebellion, all their bitterness seemed to be directed, and who indeed of all men had the least portion of kindness or good-will from the three nations, of any man who related to the king's service. But he had, by the friendship he had shewed to the lord Lowden, and procuring his liberty when he was in the Tower for so notorious a treason, and [was] to be in the head of another as soon as he should be at liberty; and by his application and dexterity at York in the meeting of the great council, and with the Scottish commissioners employed thither before the treaty; and by his promise of future offices and services, which he made good abundantly; procured as well from the English as the Scots all assurance of indemnity: which they so diligently made good, that they were not more solicitous to contrive and find out evidence or information against the other two great men, than they were to prevent all information or complaint, and to stifle all evidence which was offered or could be produced against the marquis. And they were exceedingly vigilant to prevent 66 66 66 sheets of paper) were publicly read in both houses; that against the archbishop of Canterbury was for the present laid aside, and I am persuaded, at that time, without any thought of resuming it, hoping that his age and imprisonment would have quickly freed them from farther trouble. But a speedy proceeding against the other was vehemently pressed, as of no less importance than the peace between the two kingdoms, not without some intimation, "that there could be no expectation that the "Scottish army would ever retire into their country, and consequently that the king's could be disbanded, before exemplary justice were done upon that earl to their satisfaction." When they had inflamed men with this consideration sufficiently, they, without any great difficulty, (in order to the necessary expedition for that trial,) prevailed in two propositions of most fatal consequence to the king's service, and to the safety and integrity of all honest men. 66 66 the Scottish commissioners entering into any familiarity or conversation with any who were not fast to their party insomuch as one day the earl of Rothes walking in Westminster-hall with Mr. Hyde, towards whom he had [a] kindness by reason of their mutual friendship with some persons of honour, and they two walking towards the gate to take coach to make a visit together, the earl on a sudden desired the other "to walk towards the coach, and he would overtake him by the time "he came thither:" but staying very long, he imagined he might be diverted from his purpose, and so walked back into the hall, where presently meeting him, they both pursued their former intention; and being in the coach, the earl told him, "that he must excuse his having made him stay so long, because he had been detained only concerning him; that when he was walking with "him, a gentleman passing by touched his cloak, "which made him desire the other to go before; "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 I 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 entertained; and one of the best houses in the heart of the city assigned for their reception, the neighbour church for their devotion, whither so great a herd flocked on Sundays to hear Mr. Henderson and his fellow-chaplains, that very many came to and sat in the church from the time that it was light, that they might receive the comfort of those lectures, which were not till the afternoon; for in the morning their devotions were private. They were caressed by both houses with all possible expressions of kindness at least, if not of submission; and an order was carefully entered, "that upon all occasions the appellation should be "used of Our brethren of Scotland;" and upon that, wonderful kind compliments passed, of a sincere resolution of amity and union between the two nations. 66 66 66 : "whose depositions his impeachment would easily "be framed." This was no sooner proposed in the house of commons, than consented to; and upon as little debate yielded to by the lords; and the committee settled accordingly without considering that such an inquisition (besides that the same was most contrary to the rules of law or the practice of any former times) would easily prepare a charge against the most innocent man alive; where that liberty should be taken to examine a man's whole life; and all the light, and all the private discourses had passed from him, might be tortured, perverted, and applied, according to the conscience and the craft of a diligent and malicious prosecution. The second was, "for the examining upon oath "privy-counsellors, upon such matters as had 66 passed at the council-table." The allegation for this was, "That the principal ingredient into the "treason of which the earl was to be charged, 66 Things being thus constituted, it became them to satisfy the public expectation in the discovery of 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 66 66 There was no greater difficulty to satisfy the house of commons with the reasonableness of this, than of the former; but the compassing it was not like to be so easy; for it was visible, that, though the lords should join with them, (which was not to be despaired,) the privy-counsellors would insist upon the oath they had taken, and pretend, "that without the king's consent they might not "discover any thing that had passed at that board; so that the greatest difficulty would be, the procuring the king's consent for the betraying him"self: but this must be insisted on, for God forbid "that it might be safe for any desperate wicked "counsellor to propose and advise at that board" (which in the intervals of parliaments wholly disposed the affairs of state)" courses destructive to "the health and being of the kingdom; and that "the sovereign physician, the parliament, (which "had the only skill to cure those contagious and epidemical diseases,) should be hindered from preserving the public, because no evidence must be given of such corrupt and wicked counsels." And so provided with this specious oratory, they desire the lords "to concur with them for this "necessary examination of privy-counsellors;" who, without much debate, (for the persons concerned knew well their acts were visible and public enough, and therefore considered not much what words had passed,) consented, and appointed some to attend the king for his consent: who, not well weighing the consequence, and being in public council unanimously advised "to consent to it; "and that the not doing it would lay some taint upon his council, and be a tacit confession, that "there had been agitations at that place which "would not endure the light;" yielded that they should be examined: which was speedily done accordingly, by the committee of both houses appointed for that purpose. 66 The damage was not to be expressed, and the ruin that last act brought to the king was irreparable; for, besides that it served their turn (which no question they had discovered before) to prove those words against the earl of Strafford, which sir Harry Vane so punctually remembered, (as you shall find at the earl's trial,) and besides that it was matter of horror to the counsellors, to find that they might be arraigned for every rash, every inconsiderate, every imperious expression or word they had used there; and so made them more engaged to servile applications; it banished for ever all future freedom from that board, and those persons, whence his majesty was to expect advice in his greatest straits; all men satisfying themselves, "that they were no more obliged to deliver "their opinions there freely, when they might be impeached in another place for so doing," and the evincing this so useful doctrine was without doubt more the design of those grand managers, than any hope they had, of receiving further information thereby, than they had before. 66 And for my part, I must ask leave of those noble lords, who after the king's consent gave themselves leave to be examined, to say, that if they had well considered the oath they had taken when they were admitted to that society, which was, To keep secret all matters committed and revealed to them, or [that] should be treated of secretly in council, they would not have believed, that the king himself could have dispensed with that part of their oath. It is true, there is another clause in their oath, that allows them with the king's consent to reveal a matter of council: but that is, only what shall touch another counsellor; which they are not to do without the leave of the king or the council. It was now time to intend themselves, as well as the public, and to repair, as well as to pull down; and therefore, as the principal reason (as was said before) for the accusing those two great persons of high treason (that is, of the general consent to it before any evidence was required) was, that they might be removed from the king's presence and his counsels, without which they conceived theirs would have no power with him; so that being compassed, care was taken to infuse into the king by marquis Hamilton, (who you heard before was licensed to take care of himself; and was now of great intimacy with the governing and undertaking party,) "that his majesty having "declared to his people, that he really intended a "reformation of all those extravagancies which "former necessities, or occasions, or mistakes, "had brought into the government of church or "state: he could not give a more lively and de"monstrable evidence, and a more gracious in"stance of such his intention, than by calling such' persons to his council, whom the people generally thought most inclined to, and intent upon, "such reformation: besides, that this would be a good means to preserve the dignity and just power of that board, which might otherwise for "the late excess be more subject to violation, at "least to some inconvenient attempts." 66 66 66 Hereupon in one day were sworn privy-counsellors, much to the public joy, the earl of Hertford, (whom the king shortly after made marquis,) the earl of Bedford, the earl of Essex, the earl of Bristol, the lord Say, the lord Savile, and the lord Kimbolton; and within two or three days after, the earl of Warwick: being all persons at that time very gracious to the people, or to the Scots, by whose election and discretion the people chose; and had been all in some umbrage at court, and most of them in visible disfavour there. This act the king did very cheerfully; heartily inclined to some of them, as he had reason; and not apprehending any inconvenience by that act from the other, whom he thought this light of his grace would reform, or at least restrain. But the calling and admitting men to that board is not a work that can be indifferent; the reputation, if not the government, of the state so much depending on it. And though, it may be, there hath been too much curiosity heretofore used to discover men's particular opinions in particular points, before they have received that honour; whereas possibly such differences were rather to have been desired than avoided; yet there are certain opinions, certain propositions, and general principles, that whosoever does not hold, does not believe, is not, without great danger, to be accepted for a privy-counsellor. As, whosoever is not fixed to monarchical grounds, the preservation and up holding whereof is the chief end of such a council: whosoever does not believe that, in order to that great end, there is a dignity, a freedom, a jurisdiction most essential to be preserved in and to that place; and takes not the preservation thereof to heart; ought never to be received there. What in prudence is to be done towards that end, admits a latitude that honest and wise men may safely and profitably differ [in]; and those differences (which I said before there was too much unskilful care to prevent) usually produce great advantages in knowledge and wisdom: but the end itself, that which the logicians call the terminus ad quem, ought always to be a postulatum, which whosoever doubts, destroys and princes cannot be too strict, too tender, in this consideration, in the constituting the body of their privycouncil; upon the prudent doing whereof much of their safety, more of their honour and reputation (which is the life itself of princes) both at home and abroad, necessarily depends; and the inadvertencies in this point have been, mediately or immediately, the root and the spring of all the calamities that have ensued. king; nor be preserved and improved when it is up, but by cherishing and preserving the wisdom, integrity, dignity, and reputation of that council: the lustre whereof always reflects upon the king himself; who is not thought a great monarch when he follows the reins of his own reason and appetite; but when, for the informing his reason, and guiding his actions, he uses the service, industry, and faculties of the wisest men. And though it hath been, and will be, always necessary to admit to those counsels some men of great power, who will not take the pains to have great parts; yet the number of the whole should not be too great; and the capacities and qualities of the most [should be] fit for business; that is, either for judgment and despatch; or for one of them at least; and integrity above all. Two reasons have been frequently given by princes for oversights, or for wilful breaches, in this important dispensation of their favours. The first, "that such a man can do no harm;" when, God knows, few men have done more harm than those who have been thought to be able to do least; and there cannot be a greater error, than to believe, a man whom we see qualified with too mean parts to do good, to be therefore incapable of doing hurt: there is a supply of malice, of pride, of industry, and even of folly, in the weakest, when he sets his heart upon it, that makes a strange progress in mischief. The second," when "persons of ordinary faculties, either upon importunity, or other collateral respects, have been "introduced thither, that it is but a place of "honour, and a general testimony of the king's "affection;" and so it hath been as it were reserved as a preferment for those, who were fit for no other preferment. As amongst the Jesuits they have a rule, that they who are unapt for greater studies, shall study cases of conscience. By this means the number hath been increased, which in itself breeds great inconveniences; since a less number are fitter both for counsel and despatch, in matters of the greatest moment, that depend upon a quick execution, than a greater number of men equally honest and wise: and for that, and other reasons of unaptness and incompetency, committees of dexterous men have been appointed out of the table to do the business of the table; and so men have been no sooner exalted with the reverent title, and pleased with the obligation of being made privycounsellors, than they have checked that delight with discerning that they were not fully trusted; and so been more incensed with the reproachful distinction at, than obliged with the honourable admission to, that board, where they do not find all persons equally members. And by this kind of resentment, many sad inconveniences have befallen to the king, and to those men who have had the honour and misfortune of those secret trusts. The truth is, the sinking and near desperate condition of monarchy in this kingdom can never be buoyed up, but by a prudent and steady counel attending upon the virtue and vivacity of the 66 This digression (much longer than was intended) will not appear very impertinent, when the great disservice shall appear, which befell unto the king by the swearing those lords formerly mentioned (I speak but of some of them) privy-counsellors. For, instead of exercising themselves in their new province, and endeavouring to preserve and vindicate. that jurisdiction, they looked upon themselves as preferred thither, by their reputation in parliament, not [by the] kindness and estimation of the king; and so resolved to keep up principally the greatness of that place, to which they thought they owed their greatness. And therefore, when the king required the advice of his privy-council, in those matters of the highest importance which were then every day incumbent on him, the new privy-counsellors positively declared, "that they might not (that was, that nobody might) give his majesty any advice in matters depending in the two "houses, and not agreeable to the sense of the two houses; which (forsooth) was his great council, by whose wisdom he was entirely to " guide himself." And as this doctrine was most insipidly and perniciously urged by them; so it was most supinely and stupidly submitted to by the rest: insomuch as the king in a moment found himself bereaved of any public assistance or advice, in a time when he needed it most; and his greatest, and, upon the matter, his only business, being prudently to weigh and consider what to consent to, and what to deny, of such things as should be proposed to him by the two houses, he was now told, "that he was only to be advised "by them;" which was as much as to ask, whether they had a mind he should do whatever they desired of him. 66 Whereas in truth, it is not only lawful for, but the duty of the privy-council, to give faithfully and freely their advice to the king upon all matters concluded in parliament, to which his royal consent is necessary, as well as upon any other subject whatsoever. Nay, as a counsellor, he is bound to dissuade the king to consent [from consenting] to that which is prejudicial to the crown; at least to make that prejudice manifest to him; though as a private person he could wish the matter consented to. And therefore, by the constitution of the kingdom, and the constant practice of all times, all bills, after they are passed both houses, and engrossed, are delivered by the clerk of the parliament to the clerk of the crown; and by him brought to the attorney-general; who presented the same to his majesty sitting in council, and having read them, declares what alterations are made by those bills in |