gard to his other fubjects. Those who oppofed his will, furely fmarted for it, and very

"reverence) being delivered what the common law "was (which extends only to inferior and standing courts) ought to bring in a prejudice to this high court of parliament, whofe power being above the law, is not founded on the common law, but have therein rights and privileges peculiar to themselves. "For the manner of our proceeding (which your "majefty feemed to blame, in that the fecond writ "going out in your majefty's name, we feemed to cen

fure it, without firft craving access to acquaint your σε highness with our reafons therein) we truft our de"fence fhall appear juft and reasonable. It is the form "of the court of chancery (as of divers other courts)

that writs going out in your majefty's name, are

returned also, as to your majefty, in that court from "whence they iffue. Howbeit, therefore no man ever "repaireth to your majesty's perfon, but proceedeth ac"cording to law, notwithstanding the writ.

"This being the univerfal custom of this kingdom, "it was not, nor could be admitted into our councils, that the difference was between your majesty and us: but it was and ftill is conceived, that the controverfy was between courts about preheminencies and privi"leges; and that the question was, whether the chancery, or our houfe of commons, were judge * of the members returned for it? Wherein tho' we fuppofed the wrong done to be most apparent, and "extreamly prejudicial to the rights and privileges of "this realm; yet fuch, and fo great was our willingnefs to please your majefty, as to yield to a middle courfe propofed by your highness, preferving only our privileges, by a voluntary ceffion of the lawful * knight.

..

"And this courfe (as if it were of deceiving our"felves, and yielding in our apparent rights, wherefoever we could but invent fuch ways of efcape, as that

very light and trifling, or even innocent actions were most rigorously punished. [xxx] Juftice

teftation:

in Morgan's

"the precedent might not be hurtful) we have held "more than once this parliament, upon defire to avoid "that, which to your majefty, by mifinformation, "(whereof we had caufe to ftand alway in doubt) "might be distasteful, nor not approvable; fo dear "hath your majefty been unto us." (m)From thefe (m) Cominftances, and many more might be produced, of mons' proJames's treatment of his parliaments, we may be able to Anno primo judge of the knowledge, or honefty of father Orleans, Jac. primi, who fpeaks of his extraordinary complaifance to-Phenix Bri"wards the parliament, from his firft acceffion to the tannicus, "throne, which he always confulted, fays he, not p. 120. "only in the weighty affairs of ftate, but even in moft of See alfo Old"thofe that concerned his family; condefcending to their marks, p. ❝advice; pretending a mighty regard not to infringe248. "their privileges; afking few extraordinary fupplies, "and choofing rather to be freightened in his way of "living, than to adminifter occafion of complaint by "filling his coffers." (n)

(x) D. Or

lean's revo

4. 8vo.

[xxx] Light and trifling, or even innocent actions lutions in were most severely punished by him.] A few inftances England, p. will be fufficient to prove this. In April 1615, Oliver Lond. 1711. St. John, afterwards lord Grandifon, and lieutenant of Ireland, was fined five thousand pounds in the ftarchamber, for oppofing that benevolence moved in the foregoing feffion of parliament which was fo abruptly diffolved, tho' that kind of benevolence as he fhewed was against law, reafon, and religion. (a) —And Sir(a) Cabala, Robert Mansfield was committed to the Marfhalfea, p. 361. and Oldys's life partly for having confulted with Mr. Whitlock the law- of Raleigh, yer, about the validity of a commiffion drawn for ap. 180. research into the office of the admiralty; and partly for note a, denying to reveal the name of the faid lawyer his friend; the point touching a limb of the king's prerogative and authority. (b) And a vaft fum of money was exacted, (6) Reliquiæ fays Cambden, in 1617, of the citizens of London, not

04

Wottonia

without næ, p. 418.

in compleat

Juftice he seems indeed to have had little or no regard to, as appeared by his unparalleled treatment of Sir Walter Raleigh, [YYY] the glory

(c) Annals without murmuring. (c) What shall I fay more? of K. Jam. James's reign was full of rigour, feverity, and hard hift. p. 647. dealing. Witness the earl of Northumberland, who was fined thirty thousand pounds, and confined from the year 1605 to the year 1619 in the Tower, upon a meer fufpicion, without the leaft proof of his having had knowledge of the powder-plot, as Cecyll himfelf confeffed in a letter to Sir Thomas Edmonds, dated Dec. 2, (d) Birch's 1605. (d) Witness Sir Robert Dudly, who was not view of the allowed to make use of the depofitions of his witneffes to negotia. tions, p.245 prove himself the legal heir of his father, the great earl See alfo Of of Leicester; and who was alfo deprived of his honors born, P 500 and eftates moft iniquitoufly, as appeared to prince patent of K. Henry, and to king Charles the firft. (e) And witness Charles I. Sir Thomas Lake, and many others whose fines were vaftly beyond their fuppofed crimes, and fuch as ought not in juftice or equity to have been inflicted on them. dutchess o In fhort, fuch as difpleafed James, he had no mercy on, England, in but made them feel the weight of his fore difpleafure.

(e) See the

for creating

Alice, lady Dudly, a

the appendix

to Leicef

[YYY] His unparalleled treatment of Sir Walter Raleigh. Raleigh was a man in point of bravery and conduct, of wit and understanding, of prudence and ability, of learning and judgment, inferiour to none of the age in which he lived, and fuperior to moft. What were his actions before the acceffion of James, thofe who have curiofity may fee admirably defcribed either by Mr. Oldys, or Dr. Birch, in their respective lives of this wonderful man, prefixed to his hiftory of the world, and his political, commercial and philofophical works.

Queen Elizabeth knew his merit, and valued him highly. James on the contrary was prejudiced against him; had little fenfe of his worth, and foon ill-treated

him

glory of his age and nation, whom he caused to be executed after a refpite of a great num

ber

him by taking from him his post of captain of the guards, and giving it to Sir Thomas Erfkin, a Scotish favourite. In July, 1603, he was confined on account of a plot in which he was faid to be engaged with the lords Cobham and Grey, and several priefts, and gentlemen, in order to extirpate the king and his iffue; fet the lady Arabella on the throne; give peace to Spain; and tolerate the Romish religion. On the 15th of November the fame year he was arraigned at Winchefter for thefe things; and after having had the civil and polite appellations of viper, traytor, and odious man, who had a Spanish heart, and was a fpider of hell, bestowed on him by the famous Coke, attorney-general: after having been dignified with these titles, he was brought in guilty, tho' not the leaft fhadow of a proof was brought against him. I fay not the least shadow of a proof; for whoever will read his tryal, or any impartial accounts which are given of it, will not help standing amazed to find how it was poffible, after the defence he made, upon fuch wretched allegations to convict him. But he was out of favour at court; like Sydney, he was talked to death by the lawyers; and in thofe times when the crown was against a man, he was almost sure of being condemned. When I confider the bitterness, feverity, and almost malice which appeared in the council for the crown, against the ftate prifoners in this, the foregoing, and fome of the fubfequent reigns, I cannot help thinking, that the gentlemen of that profeffion are very much altered for the better. They have more regard to truth, juftice, and humanity; and confequently, though they may not have as many cafes, precedents or ftatutes to cite, or pervert as Coke had, yet are they vaftly more valuable. I hope the reader will pardon a digreffion, into which indignation at Raleigh's vile treatment drew me. I now go on with the narration. Upon Sir Walter's condemnation, all his lands and offices

were

(a) Ra. leigh's

p. 362.

ber of years, without the leaft colour of a pretence and likewife by his faving Somer

Jet,

were feized, and himself committed clofe prifoner to the Tower. But the iniquity of his fentence was vifible to all. The king of Denmark, queen Anne, prince Henry, all thought him innocent, after having examined, into his crimes; (a) and even James, I believe, did not deem him guilty. He refpited his fentence, and works, Vol. fuffered him to enjoy his fortune feven years after. Then Sherburn caftle was thought a thing worth having by Ker, (afterwards earl of Somerset) and though it was entailed on his children, means were found, for the want of one fingle word, to have the conveyance pronounced invalid, and Sherburn forfeited to the crown. After fixteen years imprisonment, Sir Walter proposed his voyage to Guiana; got his liberty, gave in his scheme of his intended proceedings to James, who after having given him power of life and death, and a proper commiffion, revealed his defigns to Gondamore, and thereby rendered, them abortive. Upon his returning unfuccessful through the fault of his mafter, and other caufes, at the inftigation of the Spanish ambaffador, he was feized, imprisoned, and, to the admiration of all men, on his old fentence beheaded. In charging James with betraying Raleigh to the Spanish ambaffador, I do him no injuftice; as will appear from a letter of Sir Walter's to fecretary Winwood." It pleafed his majesty "fo little to value us, as to command me upon my "allegiance, to fet down under my hand the country, "and the very river by which I was to enter it, to fet "down the number of my men, and burthen of my "fhips, and what ordnance every fhip carried, which "being known to the Spanish ambassador, and by him "fent to the king of Spain, a difpatch was made, and "letters fent from Madrid, before my departure out "of the Thames; for his first letter fent by a bark of advice, was dated the 19th of March, 1617, at 66 Madrid, which letter I have here enclosed fent to 66 your